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HomeMy WebLinkAboutBATCH - Supplemental - 0353 0355 Patchen RoadState of Vermont WATER SUPPLY and WASTEWATER SYSTEM PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 16, 2002 Case Number: WW-4-1701 PIN: EJ96-0648 Landowner: Pamela D. Volk Address: 20 Larch Road South Burlington, Vermont 05403 This project, consists of subdividing the footprint of Unit # 24 from the remaining lands of the proj ect known as "Summers Woods", utilizing municipal water and sewer services. The project is located at 20 Larch Road in the City of South Burlington, Vermont, and is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250. 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, the Department of Labor and Industry - phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials prior to proceeding with this project. 2. The proj ect shall be completed as shown on the plans which have been stamped "approved" by the Wastewater Management Division: The proj ect shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 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. By acceptance ofthis 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/health statutes and regulations, with this permit. 5. Each prospective purchaser of the lot shall be shown a copy of the approved plans and this Subdivision Permit prior to conveyance of the lot. Water Supply and Wastewater System Permit WW-4-1701 Page 2 6. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 7. All conditions set forth in Water Supply and Wastewater Disposal Permit # WW-4-0106 shall remain in effect except as modified or amended herein. This project has been reviewed and is approved for the existing three bedroom, one single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Wastewater Management Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont this 1 lth day of October, 2002. Christopher Recchia, Commissioner Department of Environmental Conservation By z �,4 — WilliamE. Zf6iloski Assistant Regional Engineer City of South Burlington Planning Commission & Selectboard Act 250 Coordinator - Peter Keibel uicZ AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS / PRE -APPLICATION REVIEW RESPONSE DATE / PENDING APPLICATION # DISTRICT 7 TOWN u 4 lc'c.1A f I K.J PIN # OWNER OF PR SECT SITE: APPLICANT OR REPRESENTATIVE: NAME: �EZ�4 NAME: ADDRESS: �,C (eCy 440 ADDRESS: TELEPHONE: TELEPHONE: PROJECT:—iaYVey, Based on information provided by f�CiCG �cJ received on land of / acres, located on 64&# xe,3w 11. The project l xa/ r /2' l?/ &kll— dL 4J/i7f jgaA,'(tliol l� D J�2cEYL. a project was reviewed on a tract/tracts of generally described as: /*// u, 14�31"&-Xei 'rior Permits From This Office: WC 0 %9 Y, EC'`�- /-7-46 !6/461-yl- U/U C• PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION I hereby request a jurisdictioy# I g,pinion fromp Pistrict Coordinator regarding the jurisdicti A. Chapter 151 (Act 250) over the project described above. `ue N�ctiyzc� (Applicant ermit Special' , Other Person) CIRCLE ONE 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE ON. 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 ( .S.A. S , C. 6 7(C)). Commercial, residential or municipal project? Has the landowner subdivided before? Wen/where/# of lots AN ACT 250 PERMIT IS REQUIRED. NO; Copies sent to Statutory Parties: YES ENO COMMENTS: Q �� u� ~&&l °' ��,. ENVIRONMENTAL COMMISSION W R/ vos'f `�zJ R 3YC�) DISTRICTS #4,6 &9 U / J 111 WEST STREET ESSEX JUNCTION, VT 05452 SIGNATURE: DATE: fd � Z , ADDRESS: istrict Coordinat r Telephone: (802)879-5614 2, �STEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED -"/ YES NO Water Supply & Wastewater Disposal Permit Deferral Language Required in Deed Floor Drains REGIONAL ENGINEER ASSIGNED: CG.%4u40! 40a.5141 jl`1- 'L, AA AGENCY OF NATURAL RESOURCES DEPT. OF ENVIRONMENTAL SIGNATURE: A %n _j w DATE: ADDRESS: CONSERVATION ,Environmental Assistance Division, Permit Specialist Telephone: (802)879-5676 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION, VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST 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) Contact: Discharge Permit; pretreatment permits; industrial, municipal Underground Injection Wells (UIC) (241-4455) Indirect Discharge Permit Residuals management (sludge disposal) (241-4455) OVER OTh .'PERMITS AND REVIEWS YOU MAY NEED: .ontinued) 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520-4879) Contact: Construction/modification of source Open Burning Wood Chip Burners (>_90HP) Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines L 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400)(800 823-6500 in VT) Contact: New Hydrants >500' of Waterline Construction Community Water System (CWS) Bottled Water Transient Non -Community Water System (TNC) Capacity Review for Non -Transient Non -Community Water System (NTNC) 6. WATER QUALITY DIVISION, ANR Contact: River Management (241-3770) Stormwater Permits (state and federal, UIC) (241-3770) Shoreland Encroachment (241-3777) Aquatic Nuisance Control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate (241-3770) Stream Alteration (879-5631) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Notification of Regulated Waste Activity (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) Waste oil burning (241-3888) Underground Storage Tanks (241-3888) Asbestos Disposal (241-3444) Composting Facilities (241-3444) Used septic system components/stone 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 & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 MUNICIPAL COMPLIANCE ASSISTANCE PROGRAM Contact: John Daly 802-241-3471 10. DEPARTMENT OFFISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage Program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# 879-2300 Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 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 (800 649-2642) 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 (828-2053) Railroad crossings (828-2710) Airports and landing strips (828-2833) Contact: Slaughter houses, poultry processing (828-2426) Animal shelters/pet merchant/livestock dealers (828-2421) Weights and measures, Gas Pumps, Scales (828-2436) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE DEPARTMENT Energy Efficiency Division(800-642-3281 in VT;802-828-4056)_VT Building Energy Standards 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) 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, meals & rooms, amusement machines) 21 DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste 4 2. OCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 3. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS,8 Carmichael Street, Suite 205, Essex Jct, VT 05452 (802)872-2893 24. OTHER: PRS REV. 9/02 _Sections #3424 above have been completed by the Permit Specialist: Date: State of Vermont .,. ,%tea.,.w w '. Department of Fisn and 'N;!U I°e Department of Forests. °a.,Ks an-,, on D. partment of Errj,ror^.en*ai Cors.�r.a`,j• September 23, 2002 Pamela Volk 20 Larch Road South Burlington VT 05403 AGENCY OF NATURAL RF.SOLTCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802)879-5656 Subject: WW-4-1701, Summer Woods -- Permit footprint of Unit #24 with a 3 bedroom single family residence, municipal water and sewer, 26' x 40' located on Larch Road in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #10663 on September 12, 2002, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. Sincerely, C ��v CLLt: Ernestine Chevrier Program Services Clerk City of South Burlington Planning Commission State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-15 PIN: EJ96-0648 Landowner: Elizabeth Walker Address: c/o Paul Morwood, Esquire 333 Dorset Street South Burlington, Vermont 05403 This project, consisting of subdividing the footprint of Unit #3 from the remaining lands of the project known as Summer Woods, served by municipal water and wastewater services, located off Arbor Road in South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This does not constitute approval under Act 250 case number 4C0794. 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, the Department of Labor & Industry — telephone (802) 828-2106 or (802) 658-2199, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by 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. 3. Each prospective purchaser of the lot shall be shown copies of the Subdivision Permit and the approved plot plan prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within thirty (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. This project has been reviewed and approved with an existing two bedroom, single-family residence on the approved lot. No other buildings are allowed without prior review and approval by the Wastewater Management Division, and such approvals will not be granted unless the proposal conforms to the applicable laws and regulations. Subdivision Permit EC-4-1736-15 Elizabeth Walker Page 2 6. All conditions set forth in Water Supply & Wastewater Disposal Permit #WW-4-0106 shall remain in effect except as modified onamended herein. Dated at Essex Junction, Vermont on July 15, 2002. Christopher Recchia, Commissioner Department of Environmental Conservation By0lirt(Ivwy�c. Jessanne W an Environmental Analyst III C For the Record South Burlington Planning Commission & Select Board Act 250 coordinator — 4CO794 State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation June 18, 2002 Elizabeth Walker c/o Paul Morwood, Esq. 333 Dorset Street South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802)879-5656 Subject: EC-4-1736-15, Summer Woods -- Permit footprint of Unit #3 a bedroom single family dwelling with mun. water & sewer located on Arbor Road in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #5708 on June 7, 2002, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. PLEASE SUBMIT INFORMATION ON THE NUMBER OF BEDROOMS IN UNIT 3 AND 2 COPIES OF THE PLAN SUBMITTED WITH THE FOOTPRINT DIMENSIONS. PLAN WILL NEED TO BE DATED AND SIGNED BY PREPARER. Sincerely, C . Irene L. Roberge DEC Regional Office Coord. City of South Burlington Planning Commission Robert Krebs ACT 250 TDD 1-800-253-0191 100% Processed Chlorine Free Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury ,Jtv AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS / PRE -APPLICATION REVIEW RESPONSE DATE 1 PENDING APPLICATION # DISTRICT TOWN , 6f L,CGIti�ITIJ� PIN# OWNER OF PROJECT SITE: NAME:�Xs�,6l%tf GfJsFLK�� ADDRESS: TELEPHONE: PROJECT: R,,R//EPRESENTATIVE: NAME: YO 4ac max vxGO, '64. ADDRESS: 'o3 P�SrT'Sld �currf ✓i 05y�3 TELEPHONE: �iy) K Based on information provided by received on -1 0a project was reviewed on a tract/tracts of land of acres, located on . �w � The project is generally described as: �t�4Nf�r hci�/LGvi of club �3 rh �{ s�VGc� /i�iu� 4�31de c6; tiluWrcc��C u•fnrL gx�J St-1cJC-YL , Prior Permits From This Office: q( ,79,1 et -r(-i1-4& wa,/-q- 0106, PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. 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? Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: '>, YES NO; Copies sent to Statutory Parties -.—YES X NO COMMENTS: \ ENVIRONMENTAL COMMISSION DISTRICTS #4,6 &9 111 WEST STREET ESSEX JUNCTION, VT 05452 SIGNATURE: F�. �1Q``� DATE: (I\ z- ADDRESS: District Coordinator Telephone: (802)879-5614 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED ✓ YES NO Water Supply & Wastewater Disposal ✓ Subdivision 8' �n Deferral of Subdivision Tent/Travel Trailer Campground // Mobile Home ParK Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: � LL3 7'—/'Vr ly�F/�h✓ 6 %`>'SZ`I3 AGENCY OF NATURAL RESOURCES Z) DEPT. OF ENVIRONMENTAL SIGN TURE: /l r(, DATE: � /'1;' ADDRESS: CONSERVATION Environmental Assistance Division, Permit Specialist Telephone: (802)879-5676 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION, VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST 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) Contact: Discharge Permit; pretreatment permits; industrial, municipal Underground Injection Wells (UIC) (241-4455) Indirect Discharge Permit Residuals management (sludge disposal) (241-4455) OVER OTHL­ PERMITS AND REVIEWS YOU MAY NEED: %'ontinued) 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520-4879) Contact: Construction/modification of source Open Burning Wood Chip Burners (>_90HP) Fumace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines L 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400)(800 823-6500 in VT) Contact: New Hydrants >500' of Waterline Construction Community Water System (CWS) Bottled Water Transient Non -Community Water System (TNC) Capacity Review for Non -Transient Non -Community Water System (NTNC) 6. WATER QUALITY DIVISION, ANR Contact: River Management (241-3770) Stormwater Permits (state and federal, UIC) (241-3770) Shoreland Encroachment (241-3777) Aquatic Nuisance Control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate (241-3770) Stream Alteration (241-3757) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Notification of Regulated Waste Activity (241-3888) Underground Storage Tanks (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Asbestos Disposal (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) Composting Facilities (241-3444) Waste oil burning (241-3888) Used septic system components/stone 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 & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 MUNICIPAL COMPLIANCE ASSISTANCE PROGRAM Contact: John Daly 802-241-3471 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage Program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# 879-2300 Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 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 Contact: Child care facilities (800 649-2642) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: _ Access to state highways (residential, commercial) (828-2653) Junkyards (828-2053) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2710) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE DEPARTMENT Energy Efficiency Division(800-642-3281 in VT;802-828-4056)_VT Building Energy Standards 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) 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, meals & rooms, amusement machines) a: j�2 EPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste _ L PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS,8 Carmichael Street, Suite 205, Essex Jct, VT 05452 (802)872-2893 24. OTHER: PRS REV. 5/02 _Sections #3424 above have been completed by the Permit Specialist: Date: 4 as State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation July 18, 2001 Ellen Louise Brochu 4 Larch Road South Burlington, VT 05403 Dear Ms. Brochu: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802) 879-5656 Subject: Application for permit for Permit footprint of Unit 16 located off Larch Road, South Burlington, Vermont. We have reviewed the application materials and have completed the "application completeness checklist." Unfortunately, we were unable to log your application in because there was missing or incomplete information in the application materials. Enclosed are copies of the application form you submitted, as well as the "application completeness checklist" with the missing or incomplete items noted. If you have questions or are unsure what is needed to complete the application package, please contact me. We will hold your application materials. Once you have the missing or incomplete information, please send the materials to this office along with the enclosed copies. Once we have determined that the application materials are complete, the application will be accepted and will be assigned to one of the engineers to be reviewed. SinC`eely, I ne L. Ro e DEC Regional Office Coordinator Enclosure -copy of application form and checklist copies: South Burlington Russell F. Niquette, Esq. PERVII: YPLICATIO`+ CU PLETE.N-�S CHECKLIST Landowner: r \ ���.-L�_ CZ���cy, . To�n:.L; y k Checklist codes: item submitted: "0" = item missing: "` A" = item not applicable 1. Application form 13. Property access signature ?. Design flow 3. Appropriate fee 5 4. Signed check # 5::D� k 5. Power of attorney (letter of assignment) Book _�f 14 and Page r.-� 7. Town 8. Road name ---�Project description -----}a. Water quality test Municipal sewer approval Municipal water approval .-13. Easements for off -lot system �� �.� -Ss'S fir• , sb It Qom- / ko Application incomplete for the following items: iY. Location map 16. Two copies of legible plans,, including property lines with dimensions, scale and title box (title, date, sheet _ 17: All applicable signatures including 4 consultant stamp/signature on plans. 18. Prior permits (list numbers) 4 4 19. Compliance with other permits (list of prior permits) 20. Date of construction and uses of any existing buildings involved wiih the project. 21. Development `lame 22. Other 4.I till completed by date r,*,-- �-J I S -1-I (a-- ��,res:ro� :os• a c.,r_i :r;o� .Wd:v 19.:904 STATE Or VERtiIONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WASTEWATER MANAGEiNIENT DIVISION (For Office Use Only) Permit # PIN Comp Appl Rec'd Fee Rec'd ,S Check # APPLICATION FOR SUBDIVISION PERti1IT Pursuant to Chapter 1 Subchapter 3 of the Environmental Protection Rules PART I Please print clearly or type your responses. A. LANDOWNER NAME: Ellen Louise Brochu Please list the nanie(s ass own on the deed. IJ mu tip e landowners, p ease provit e a separate sheet sting each landowner, mailing address and signature. MAILING ADDRESS: 4 Larch Rd., So. Burlington, VT 05403 Please provide the conip ete address, ress, including ing street or P. U. Box or rural route niini er. own or city State Zip code Phone B. CO -APPLICANT NAME: Please list the nanie(s) oJ the co -applicant, y a propriate. co -applicant willreceive copies o a correspondence regarding the application and permit. MAILING ADDRESS: Please provide the conip ete address, ress, including ing street or P.O. Box or rural route nuns er. Owii or city State Zip Code Phone T CONTACT PERSON: Ru ell If this application is beingstibInitted by a business, Please give its the nanie oJ a contact person within the organization, in case we have questions or need more i forniation. C. CONSULTANT NAME: MAILING ADDRESS: 9 East Allen St., P.O. Box 1 Please provide the conip ete address, ress, including ing street or P. 0. box or rural route ntun er. Winooski Own or city &ate Zip code Pholle r, D. PROJECT DESCRIPTION 1. Does this project involve a failed water or wastewater system? Yes No 2. Location of project: Enclose a portion of a United States Geological Survey (USGS) Map, town highway map, or accurate site location niap showing the subdivision. 3. Town South Burlington 4. Number of Lots Size of Lots T.nr 16 See attached plan Road Larch Road (summer Woods) Please identify the lot(s) by nultiber or letter and indicate the size of the lot in acres or square feet . Subdivision application form - Atarch 22. 2001 5. Book(s) 419 Pages) 93 Property Tax `lap No. (if available) Please specify the book and page where tlhe c eec or this property is recorded in the city or town land records. 6. How much land will remain adjacent to the subdivision being applied for'? 38 existing tounhouses (do not include land across a public highway from the lot or under separate deed . If less than 10 acres, is the remaining lot improved? Yes x No With what structure 38 total townhouses. Gnmp of wh c-h have getten- ermits 7. Are any of the lots exempt? Yes No x If yes, explain: ote: either proposed lot or reinai—nTi_z,-__Fqnd is cmprovec wit h a prhmnry singe amc y rested ence, or a public building with sewage fows less than 300 gallons per day, and tivas cut er constntctio�h prior to tvlarch 5, 1973, the lots may qualify for an exemption per section 1-304 of the Environmental Protection Rules. 8. Please describe the purpose of this application. Please check all that apply. a. create new lots d. increase the number of bedrooms b. revise existing lot lines e. approve as -built locations or design C. revise well or septic system location f. x other Detailed project description: Please describe the proposed use of the building including the number oseats (if a restaurant), number of living units and bedrooms (if residential), number of employees. If a conversion of a building is proposed, please provide prior uses as well as proposed use. f a project or development name please include this with the description. Get a subdivision permit for the "lot" on which Unit 16 at Summer Woods stands. Each unit stands on its own footprint of a lot 9. Prior permits: 4C0794, EC-4-1736 as amended, WW-4-0106 Please list all previous permits issued on the same tract of land, such as Land Use Permit, Public Building Permit, Subdivision Permit, Water Supply & G astewater Disposal Permit, Certificate of Compliance, Deferral of Permit, or Act 250 Permits. 10. Description of water system: Please check all that apply. a. bedrock well, shallow well/spring (less than 30' deep), non bedrock deep well or surface water (name of reservoir, lake or river)--------------------------------------- b. individual water supply system or shared water supply system lots buildings (Please provide the number of lots/buildings served by the water supply system.) c. x public community or municipal water supply system. d. an existing water supply system, or a proposed water supply system Subdivision application form - March 22. 2001 .16 11. Type of Wastewater Systt.)Proposed: a. Septic tank system; on -site, or off -site. b. Connection to a non -municipal community disposal system. C. x Connection to municipal system. d. Connection to Indirect Discharge System. e. an existing wastewater disposal system f. a proposed wastewater disposal system. Note: If 10 b, c, or d is checked, please include the naine of the nnunicipality or owner and a letter front the person authorized by the inunicipality, or coininu ity wastewater disposal system entity approving the connection and allocation of sewage. Name City of South Burlington -has been connected for many years 12. Basis of design flows for project: I the design ows for the projfi- ect areoin more than one type of use, please provide a breakdown of he design f2ws; such as number of bbedrooins per unit, number of employees, number of seats in restaurant, infiltration for new setiver extensions etc. If you are utilizing a 10% reduction in water or wastewater flows for low,/low ft.�tures, you must state that. If you are utilizing a 20% reduction in wasteivaterJlows for nteuuctpa setiver service, you must state that, also. Breakdown of design flows: Number of gallons of water required per day: Please refer to the Water Supply Rule - Chapter 21, Appendix A, Table, Unitized Average Day Flows Existing flows: Increase in flow: Total Design Flows - Water: N/A existing units of approved system Number of gallons of wastewater generated per day: Pr Please refer to the Envirownental otection Rules, chapter 1, Small Scale lyctstewater Treatnnent and Disposal Rides, Appendix 1-7A, Flow Quantities. F�x1Jting flows: Increase in flow: Total Design Flows- Wastewater: 13. Easement Information: If the water supply or wastewater disposal systein (including any water or sewer line) is located on land owned by others, o r- crosses land owned by others, please submit a copy of the signed easement agreement. N/A 14. Is any portion of the pro property in or near a wetlands, or is there a wet area on the erty? yes x no. Gi�etlands, and soinetinnes a buffer around the wetland, are protectec�by e era animate laws. PVh ere known and applicable, please show wetlands on the site pllans. Corntact the wetlands program at (802) 241-3 770for further ii forination. 15. Act 250: Number of lots (of any size) created by applicant/landowner within a five mile radius of this subdivision or within the environmental district within the last five years? Will any roads have to be constructed to give access to or within this subdivision? (if applicant/landowner has created more than 10 lots or answers ':yes" to the second question, you nuist obtain a project review sheet regarding Act 2.i0 Jurisdiction foin the District Coordinator before subinitting this application.) $ermit 114C0794 E. Application fee: $175.00 A fee of $175.00 for each new lot is required. If you are amending a previously approved lot, then a $60.00 amendment fee per application is required. Please make the check payable to STATE OF VERINIONT. Municipalities are exempt firoiin Subdivision Application fee requirements. subdivision appiication/jnm • March 2, 2001 F. SIGNATURES/ACKNOWLEDGMENTS 1. In order to insure compliance with the requirements of the regulations administered by the Department of Environmental Conservation, it may be necessary to visit the property to be permitted. Since this would involve a Department employee entering private property, we request your approval to do so. If we do visit your property, &o you have any special instructions? 2. As landowner of the property for which I am requesting a permit from the Department of Environmental Conservation, I understand that by signing this application I am granting permission for Department employees to enter the property, during normal working hours, to insure compliance of the property with the applicable rules of the, Department. 3. I understand that I am not allowed to commence any site work or construction on this project without written approval from the Department of Environmental Conservation. Ellen Louise Brochu an owners Name pr (as shown on Deed) ignature hate an ownersName(printed) Signature Date (as shown onDeed) If there is more than one landowner, and there is not room to fit the information on this for►n, please provide an additional sheet with the names, mailing addresses, signatures and dates. If an attorney signs for the landowner(s), please submit a copy of the authorization document that grants the Power of Attorney specific to land transactions. Subdivision application form - March 22, 2001 State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-14 PIN: EJ96-0648 Applicant: Ellen Louise Brochu Address: 37 Victory Drive South Burlington, VT 05403 This project, consisting of subdividing footprint of Unit #16 from the remaining lands of the project known as Summer Woods located off Larch Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. 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, the Department of Labor and Industry -phone (802) 828-2106 or (802 658-2199, the Vermont Department of Health - phone (802) 863-8220, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the plans 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. 3. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. 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. Subdivision Permit EC-4-1736-14 Page 2 6. This project has been reviewed and is approved with an existing three bedroom, single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. All conditions set forth in Water Supply and Wastewater Disposal Permit #WW-4-0106 shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont on this 14th day of August, 2001. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By (,vl�►— � ssanne Wyman Assistant Regional Engineer South Burlington Planning Commission & Selectboard Water Supply Division Act 250 Russell Niquette, Jr., Esq. CLEjas OFYIC16 11-4.� s aL2 .. ME WOODS COMMUNITY ASSOC k A Pic�td, MY NOTICE OF CONDITIONS Summer Woods Community Association, Inc., owner of the common elements of the Summer Woods Planned Community, hereby gives notice that pursuant to a final plat approval of the South Burlington Planning Commission, dated January 13, 1998, the land under the footprint of each unit comprising the 38-unit planned residential development (PRD) located on Lot A, as depicted on a plat entitled "Building Locations Summer Woods Arbor & Larch Roads South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc., dated December 5, 1997, revised January 5, 1998, and recorded in Map Volume 40' at Page � I _ of the City of South Burlington Land Records, together with the land under the two duplex units located on Lots B and C, respectively, as depicted on said plat, shall be treated as follows: (1) The land under the footprint of each unit comprising the 38-unit PRD shall be considered to have merged with and be treated as a portion of said Lot A "common land" for the sole and exclusive purpose of determining the Association's compliance with the City of South Burlington Zoning Regulations. (2) The land under the footprint of the Lot B duplex unit shall merge with and be treated as a portion of said Lot B "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. (3) The land under the footprint of the Lot C duplex unit shall merge with and be treated as a portion of said Lot C "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. Notwithstanding the foregoing, said "common land" Lots A, B and C shall not, themselves, merge under this Notice of Conditions. None of the "common land" lots may be further subdivided, nor the building lot configurations therein and thereon be modified without specific advance written approval by the City of South Burlington Planning Commission. Dated at South Burlington, Vermont, this _� day o c, , 1998. SUMMER WOODS CONDOMINIUM ASSOCIATION, INC. Executive A4Z S, 1111Z�/ Executive Board Member AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS r PRE -APPLICATION REVIEW RESPONSE DAT /? �1 PENDING APPLICATION # DISTRICT TOWN Uhl �L(�Llf�Gla�✓ PIN# OWNER OF PROJECT SITT: NAME: Altalmq � Larq 7 l"&7ei ADDRESS: A' 5nN JoLI -4/34 ✓i e)6-401 TELEPHONE: Based on information provided by 4� of land of -`� /, O acres, located on APPLICANT CR REPRESENTATIVE: NAME: ` ADDRESS: TELEPHO on fi131W a project was reviewed on a tract/tracts The project is generally described as: H, r Gl 1,,Y11e&v7- of Glxvl r WA C�v/ucvc y />�1w ee,,1 Yl J ,6E?�'c�/1 - s/�CcE �t/C y /C'ESr(J�L'C�� /N �Sc1M�lt� fvi�ilf�-`� MltlUlCr�°SIC, 6v�1Z� 11 A1�J2(1E�2.. Prior Permits From This Office: 4GO'l ! 4 CL-N' /l3L 7 G%fnefXhWcf-2A !/lf /4- d/UG, PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. 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 new/improved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: X_YES NO; Copies sent to Statutory Parties: YES NO COMMENTS: /1dn( ;a1 �Ve yI\Rv ENVIRONMENTAL COMMISSION �u�oli✓P��bh (xLrw.;�' T o ¢ 44 zo Vtr,4 Q1-(�"A. 'PleA5c. zwo,';E i�,¢subd;v�i�h DISTRICTS #4,6 &9 �fXwi{ , W�lM isSu�dw%l cA web tAM VfAgft( 6 aw%"- 111 WEST STREET SIGNATURE: DATE: 11 Lo 19 ADDRESS: ESSEX JUNCTION,VT 05452 trict Coorchhator Telephone: (802)879-5614 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED YES NO Water Supply & Wastewater Disposal ✓ Subdivision &/er-Exemptron Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park _Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: tiESf�ti� /,t/Y,�rit!✓ AGENCY OF NATURAL RESOURCES OF SIG URE: All l'�'1 . �a f V DATE: // /g 5'� ADDRESS: DEPT. CON ERV TIONNMENTAL 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 Indirect discharge permit Contact: _ Stormwater permits (state and federal, UIC) _ Residuals management sludge disposal ()VFR C. ER PERMITS AND REVIEWS YOU MAY NEE pontinued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines L 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: _ Well head protection areas Bottled Water Construction Permit, water system improvements Permit to operate 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) RECYCLING HOTLINE (1-800-932-7100) SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Contact: Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11 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 vessels 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) Contact: Residential care homes (241-2345) (Dept. of Aging & Disabilities) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2067) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) 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) Goff courses (828-2431) Green Houses/Nurseries (828-2431) Contact: Slaughter houses, poultry processing (828-2426) Animal shelters/pet merchantAivestock 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, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste 22' \ OCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) 25. OTHER: REVISION DATE: Form Date 11/9 Rev. 7/98 State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-13 PIN: EJ96-0648 Applicant: William J. & Ruth A. Rivers Address: 80 Austin Drive #134 Burlington, VT 05401 This project, consisting of subdividing footprint of Unit #29 from the remaining lands of the project known as Summer Woods located off Larch Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. 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, the Department of Labor and Industry -phone (802) 828-2106 or (802 658-2199, the Vermont Department of Health - phone (802) 863-8220, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the plans 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. 3. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. 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. Subdivision Permit EC-4-1736-13 Page 2 6. This project has been reviewed and is approved with an existing three bedroom, single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. All conditions set forth in Water Supply and Wastewater Disposal Permit #WW-4-0106 shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont on this 18th day of November, 1998. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By �kn GywtiU— GU sanne Wyman Assistant Regional Engineer South Burlington Planning Commission & Selectboard Water Supply Division Act 250 Coordinator - James Boyd Donald Maddocks, Esq. State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-12 PIN: EJ96-0648 Anolicant: Peter S. Glass Address: 38Arbor Road, Unit 438 South Burlington, VT 05403 This project, consisting of subdividing footprint of Unit #38 from the remaining lands of the project known as Summer Woods located off Arbor Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. 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, the Department of Labor and Industry -phone (802) 828-2106 or (802 658-2199, the Vermont Department of Health - phone (802) 863-8220, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the plans 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. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. 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. Subdivision Permit EC-4-1736-12 Page 2 6. This project has been reviewed and is approved with an existing three bedroom, single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. All conditions set forth in Water Supply and Wastewater Disposal Permit #WW-4-0106 shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont on this 22nd day of July, 1998. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By Y ssanne Wyman Assistant Regional Engineer c South Burlington Planning Commission & Selectboard Water Supply Division Act 250 Coordinator - James Boyd AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) Jtj PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS li'_ PRE-APPUCATION REVIEW RESPONSE DATE [ PENDING APPLICATION # "-'-- DISTRICT TOWN _ Llrlf, d �tin,'C=rc+�✓ PIN # ,T96- 0 �e /O OWNER OF /PROJECT SITE. - NAME. f�C C�,155 ADDRESS:_ 3, 1),&­�o-' ,C.6 Z) w V i 5y � TELEPHONE. 1"nr.) ) ?/,4/- A'/5- Based on information provided by14 of land of t , 0 acres, located on APPLICANT OR REPRESENTATIVE. - NAME. ADDRESS: TELEPHONE: a project was reviewed on a tract/tracts The project is generally described as: C/wjr*,3Sr ajru a? Qv,e wy, Prior Permits From This Office: 4?0 '% /,i /- /Ftiy 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 new/improved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: C YES NO: Copies sent to Statutory Parties: YES NO COMMENTS: /��. - ^^ tt ENVIRONMENTAL COMMISSION w1c� ti►GDr�dta vti¢W �Q,Ytivh`�- ��x�,�b-n� i� Ck�R _ DISTRICTS #4,6 &9 N OAR l �fr W i ►1:ZW 5�1 �0- }R�rvi, f {v cob, pp _�"� 111 WEST STREET SIGNATURE: ,(1%0'�e ` ESSEX JUNCTION,VT 05452 DATE: L a A`''DDRESS: { District Co6kinator Telephone 80 ) 8 9-5614 (/'WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED '� YES NO Water Suppiy & Wastewater Disposal ,�: Subdivision &/� Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park Ficor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: AGENCY OF NATURAL RESOURCES SIGNATURE: _ uCl`tit 1 %yI . •J2 "U'� DATE: 7 d3/!Y DEPT. OF ENVIRONMENTAL / ADDRESS: CONSERVATION _.iC__— 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) Contact: Discharge Permit; pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC) Indirect discharge permit Residuals management sludge disposal O' T PERMITS AND REVIEWS YOU MAY NEED- (Continued) 4. AIR POLLUTION CONTROL DIVISION, IIANR (802-241-3840) Contact: f Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (> 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: Well head protection areas Bottled Water New Hydrants Sprinkler Systems Construction Permit, water system improvements Permit to operate New Source 6. WATER QUALITY DIVISION, ANR Contact: Hydroelectric Projects (241-3770) Use of chemicals in State waters(241-3777) Shoreiand 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,l�0o cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION HOTLINE (1-300-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-2413700) Contact: Nengame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. 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 LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-ZS50 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 Contact. Child care facilities (241-2158) Residential care homes (241-2345) (Dept. of Aging & Disabilities; Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to stvie h;gr,ways (residential, commercial) (828-2653) Junkyards (828 2067) Signs (Travel information Council) (828-2651) Railroad crossings (828-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 45. DEPARTMENT OF AGRICULTURE Contact: Useisaie of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps.. Scales (828-2436) Green HousesiNurseries (828-2431) Retail Sales/MiikWeat/Peultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. DEPARTMENT OF PUBLIC SERVICE (800-6423281) VT Residential Building Energy Standards (See Enclosure) 17. DIVISION FOR HISTORIC PRESERVATION (802-8283226) Historic buiidings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-332-2339) Lquor'licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800=,39-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 21- DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise taxisolid waste 22, CAL PERMITS (SEE YOUR TOWN CLERK, ZONING ACMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) 25. OTHER: REVISION DATE: Form Date IV'- AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE -APPLICATION REVIEW RESPONSE DATE > PENDING APPLICATION DISTRICT y TOWN PIN # r :6:- o6 8, p OWNER CF PROJECT SITE. NAME. kleed ADDRESS:' Afx'e 611,0 •,.�tlllf �'i�lA,L'G!L'�tJ V`i` C�$yd TELEPHONE: yo) 4 L e - F5-/Y Based an information provided by k-IZZ-85 of !and of -1, c acres, located an /' eAlle lzedD APPLICANT CR REPRESENTATIVE: NAME. ADDRESS. TELEPHON recpiv .d on a prcject ,was rev;ewed on a tract,"tracts The project is generally described as: ,+��-Aor �'D>?'tf�l,1�' o,-- d &veee.y aloadIvl,ow,1 aAlir ems'- /'Ville'/ClMt' 66'4fva- 410d 5&klek . Prior Permits From This Office W C 0 `3 /'V JF- I/ - ly1/1 a- V - / -13G : �1iir'/lb�7jrr)fS wd/- y e'6'/3 PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. 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 newfimproved road(s) Has the landowner subdivided before? When/wherer# of lots AN ACT 250 PERMIT IS RECUIRED: _YES NO; Copies sent w Statutory -Parties: YES COMMENTS: �dvv��ryr-v �v �v f Zip 4, .4 Yam` NO W(Su14w�- �j Irmo may" 6-�1 ENVIRONMENTAL COMMISSION P qA��� CD). T14*:2 'Pak G�0�--S�tkbl,v�5b..� yt4Xm, DISTRICTS #4,6 &9 STREET SIGNATURE. _ 13&vt4 DATE: &IZ�� a ADDRESS: ESSEX JUNCTION,VT 05452 ( an District Coordinator Telephone: i802) 879-5614 CiWASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED V YES NO Water Supply & Wastewater Disposal Subdivision 8Aer- p1 Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park F;ocr Crains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: SIGNATURE- A&L(,LJ Environmental Assistance Division Wastewater Management Divisicn DATE: 1JL5'A�' ADDRESS Te!ephone: (802)8 7 9-5o5v' AGENCY OF NATURAL RESOURCES DEPT. OF ENVIRONMENTAL CONSERVATION 111 WEST STREET ESSEX JUNCTION VT 05d57 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 (802-241-382_) Contact: Discharge Permit; pretreatment ;permits; irdusmal, municipal _ _ Stormwater ner*nits (ctara an i fo.+o.�l nr•, OTHER PERMITS AND REVIEWS YOU MAY NEED. (Continued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Constructionimodin"cation of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions 5. WATER SUPPLY DIVISION, ANR (802-2413400) Well head protection areas Construction Permit, water system improvements 6. WATER QUALITY DIVISION, ANR Hydroelectric Projects (241-3770) Shoreland encroachment (24, 3777) Wetlands (241-3770) Stream Alteration (748-8787/736-5906) Diesel Engines (> 200 bHP) Contact: Bottled Water New Hydrants Sprinkler Systems Permit to operate New Source Contact: Use of chemicals in State waters(241-3777) Aquatic nuisance control (241-3777) Section 401 'Water Quality Certificate; (241-3770) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888) Hazardous waste handler notification requirement (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Disposal of inert waste, untreated wood & stumps,'241-3444) Waste oil burning (241-3888) Undergrounc Storage Tanks (241-3888) Asbestos Disposal (241-3444) Composting Facilities (241-3444) HW transporter certrcate (241-3883) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensionslupgrades and Pollution Control Systems (241-37 50) 9. POLLUTION PREVENTION HOTLINE (1300-974-9559) Contact: RECYCLING HOTLINE (1.800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-37d5 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-2413700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802328-2106) or District Office# Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-4393550 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 Contact: Child care facilities (241-2158) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2067) Signs (Travel Information Council) (828-265 1) Railroad crossings (828-2760) Development within 500' of a limited access highway (828 22653) Airoorts and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Useisale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Goff courses (828-2431) Weights and measures, Gas Pumps. Scales (828-2436) Green HousesiNurseries (828-2431) Retail SalesiMilk/Meat/Pouitry/Frozen Dessert/Class "C' Pesticides (328-2436) 16. DEPARTMENT OF PUBLIC SERVICE (800-8423281) VT Resicential Buficfng Energy Standards (See Enclosure) 47. DIVISION FOR HISTORIC PRESERVATION (8023283226) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-300-832-2339) 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 (802-628-2551) Business taxes (safes, meals & rooms, amusement machines) 2 DEPARTMENT OF MOTOR VEHICLES (802328-2074) Fuel taxes; commercial vehicle Franchise tax/soiid waste �(22J LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 3. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JCHNSON, COLCHESTER, VT 05446 (655-0334) 25. OTHER: REVISION DATE: Form Date 11j� stete of Vermont • LAND USE PERMIT ADMINISTRATIVE AMENDMENT CASE NO. 4C0794-6 LAWS/REGULATIONS INVOLVED APPLICANT: Virginia Soffa 10 V.S.A. (Chapter 151) c/o Paul, Frank & Collins (Act 250) PO Box 1307 Burlington, VT 05402-1307 District Enviromnental Commission #4 hereby issues Land Use Permit Amendment #4C0794-6 pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in the land records of the City of South Burlington, Vermont, as the subject of a deed to the "Permittee" as "Grantee". This permit specifically incorporates Subdivision Permit #EC-4-1736-10 consisting of subdividing the footprint of the residential townhouse Unit #6 located at 6 Arbor Road from the remaining lands of the project known as Summer Woods. This project is located off Arbor Road in the City of South Burlington, Vermont. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C0794 remain in full force and effect as amended herein. 2. This permit specifically incorporates Subdivision Permit #EC-4-1736-10 issued June 26, 1998 by the Regional Engineer, Wastewater Management Division, Agency of Natural Resources. 3. Pursuant to 10 V.S.A., Sec. 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 all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, VT this /rday of July, 1998. Bye James E%yd, Distria Coordinator 4C0794-6.aa/eb District #4 Environmental Commission State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-11 PIN: EJ96-0648 Landowner: Elizabeth R. Wood Address: 20 Arbor Road So. Burlington, VT 05403 This project, consists of subdividing the footprint of a residential townhouse, Unit # 20, located at 20 Arbor Road, from the remaining lands of the project known as Summer Woods. The project is located off Arbor Road in the city of South Burlington Vermont, and is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250 under case Number 4C0794. 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, the Department of Labor and Industry - phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials I r� to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by Krebs & Lansing Consulting Engineers, Inc., which have been stamped "approved" by the Wastewater Management Division: Project 85148: Summer Woods Units 16, 18, 20, & 22; Building Dimensions; Dated Dec. 5, 1997. 3. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 4. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. Subdivision Permit EC-4-1736-11 Page 2 5. All conditions set forth in Subdivision Permit # EC-4-1736 and amendments and Water Supply and Wastewater Disposal Permit # WW-4-0106 shall remain in effect except as modified or amended herein. 6. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. 7. 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. 8. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Dated at Essex Junction, Vermont this 26th day of June, 1998. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By %4n1VVA,(jL essanne Wyman �J Assistant Regional Engineer c South Burlington Planning Commission & Selectboard Water Supply Division Krebs & Lansing Consulting Engineers, Inc. 1 State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-10 PIN: EJ96-0648 'Landowner: Virginia Soffa c/o Paul, Frank & Collins Address: P.O. Box 1307 Burlington, VT 05402-1307 This project, consists of subdividing the footprint of a residential townhouse, Unit 9 6, located at 6 Arbor Road, from the remaining lands of the project known as Summer Woods. The project is located off Arbor Road in the city of South Burlington Vermont, and is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250 under case Number 4C0794. 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, the Department of Labor and Industry - phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by Krebs & Lansing Consulting Engineers, Inc., which have been stamped "approved" by the Wastewater Management Division: Project 85148: Simmer Woods Units 2, 4, 6, & 8; Building Di!nensions; Pared Dec. 5, 1997. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 4. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. Subdivision Permit EC-4-1736-10 Page 2 All conditions set forth in Subdivision Permit # EC-4-1736 and amendments and Water Supply and Wastewater Disposal Permit # WW-4-0106 shall remain in effect except as modified or amended herein. 6. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. 7. 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. 8. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Dated at Essex Junction, Vermont this 26th day of June, 1998. Canute E. Dalmasse, Commissioner Department of Environmental Conservation BY E V'r ,''w4;U . f U' (�^ � r`, Jessanne Wy ' n Assistant Regional Engineer c South Burlington Planning Commission & Selectboard Water Supply Division Krebs & Lansing Consulting Engineers, Inc. State of Vermont LAND USE PERMIT ADMINISTRATIVE AMENDMENT CASE NO. 4CO794-5 APPLICANT: Benjamin W. Thurber Beverly J. Thurber PO Box 60 Craftsbury, VT 05826 LAWS/REGULATIONS INVOLVED 10 V.S.A. (Chapter 151) (Act 250) District Environmental Commission #4 hereby issues Land Use Permit Amendment #4CO794-5 pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in the land records of the City of South Burlington, Vermont, as the subject of a deed to the "Permittees" as "Grantees". This permit specifically incorporates Subdivision Permit #EC-4-1736-9 consisting of subdividing the footprint of the residential townhouse Unit #8 located at 8 Arbor Road from the remaining lands of the project known as Summer Woods. This project is located off Arbor Road in the City of South Burlington, Vermont. The Permittees, and their assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4CO794 remain in full force and effect as amended herein. 2. This permit specifically incorporates Subdivision Permit #EC-4-1736-9 issued May 25, 1998 by the Regional Engineer, Wastewater Management Division, Agency of Natural Resources. 3. Pursuant to 10 V.S.A., Sec. 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 all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, VT this 4;;z day of June, 1998. ByAV.,-,m P",J James yd, DistriN Coordinator 4C0794-5.aa/eb District 9-4 Environmental Commission CERTIFICATE OF SERVICE I hereby certify that on this day of June, 1998 a copy of the foregoing Land Use Permit #4C0794-5 was sent, first class mail, postage prepaid, to: PARTIES: Benjamin W. Thurber Beverly J. Thurber PO Box 60 Craftsbury, VT 05826 Margaret Picard, City Clerk Chair, City Councl/Chair, Planning Commission 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 Andrew Raubvogel, Associate General Counsel Agency of Natural Resources. 103 South Main St. - 2 Center Waterbury, Vermont 05671-0301 District #4 Environmental Commission Helen Toor, Chair/Thomas Visser/Patricia Tivnan 111 West Street Essex Junction, Vermont 05452 Ernie Christianson, Regional Engineer ANR/111 West Street Essex Junction, VT 05452 Donna Chandler/VT Department of Health PO Box 70 Burlington, VT 05402 Dated at Essex Junction, Venil,6nt, this dhst'ra une, 1998. 4ieowen, �^�diive Secretary cs4C0794.cs/eb 879-5660 State of Vermont LAND USE PERMIT ADMINISTRATIVE AMENDMENT CASE NO. 4C0794-4 LAWS/REGULATIONS INVOLVED APPLICANT: Frederic Lawrence Stone 10 V.S.A. (Chapter 151) c/o David W. Conrad, Esq. (Act 250) Little, Cicchetti & Conrad, P.C. PO Box 907 Burlington, VT 05402-0907 District Environmental Commission #4 hereby issues Land Use Permit Amendment #4C0794-4 pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in the land records of the City of South Burlington, Vermont, as the subject of a deed to the "Permittee" as "Grantee". This permit specifically incorporates Subdivision Permit #EC-4-1736-8 consisting of subdividing the footprint of the residential townhouse Unit #18 located at 18 Larch Road from the remaining lands of the project known as Summer Woods. This project is located off Arbor Road in the City of South Burlington, Vermont. The Permittee, and their assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C0794 remain in full force and effect as amended herein. 2. This permit specifically incorporates Subdivision Permit #EC-4-1736-8 issued May 25, 1998 by the Regional Engineer, Wastewater Management Division, Agency of Natural Resources. 3. Pursuant to 10 V.S.A., Sec. 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 all of the above conditions maybe grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, VT this or< day of June, 1998. By James oyd, Distri8t Coordinator 4C0794-4.aaleb District #4 Environmental Commission R TTFT A E OF SERVICE I hereby certify that on this N day of June, 1998 a copy of the foregoing Land Use Permit 44C0794-4 was sent, first class mail, postage prepaid, to: PARTIES: Frederic Lawrence Stone c/o David W. Conrad, Esq. Little., Cicchetti & Conrad, P.C. PO Box 907 Burlington, VT 05402-0907 Margaret Picard, City Clerk Chair, City Councl/Chair, Planning Commission 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 Andrew Raubvogel, Associate General Counsel Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, Vermont 05671-0301 District #4 Environmental Commission Helen Toor, Chair/Thomas Visser/Patricia Tivnan I I I West Street Essex Junction, Vermont 05452 Ernie Christianson, Regional Engineer ANR/111 West Street Essex Junction, VT 05452 Donna Chandler/VT Department of Health PO Box 70 Burlington, VT 05402 Dated at Essex Junction, Ve t, this a ay of June, 1998. die Bowen, A mistrative Secretary cs4C0794.cs/eb 879-5660 State of Vermont SUBDIVISION PERMIT LAWSIREGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-9 PIN: EJ96-0648 Applicant: Benjamin W. Thurber and Beverly J. Thurber Address: P.O. Box 60 Craftsbury, VT 05826 This project, consisting subdividing the footprint of the residential townhouse Unit #8 located at 8 Arbor road from the remaining lands of the project known as Summer Woods located off Arbor Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. 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, the Department of Labor and Industry -phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials prior to proceeding with this project. 2. The project is approved as shown on the following plans, prepared by Krebs and Lansing Consulting Engineers, Inc., 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. Project 85148: "Summer Woods Units 2,4,6, & 8"; Building Dimensions; Dated Dec 5, 1997. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Subdivision Permit EC-4-1736-9 Page 2 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. 6. This project has been reviewed and is approved with an existing, three bedroom single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. By acceptance of this permit, the permittee agrees to allow representanv ,s 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/health statutes and regulations, with this permit. All conditions set forth in Water Supply & Wastewater Disposal Permit # WW-4-0106 and Subdivision Permit #'s EC-4-1736 and amendments shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont on this 25th day of May, 1998. c Canute E. Dalmasse, Commissioner Department of Environmental Conservation By 'YO'Y Jessanne Wym Assistant Regional Engineer South Burlington Planning Commission & Selectboard Water Supply Division Act 250 Coordinator - James Boyd Krebs & Lansing Consulting Engineers, Inc. State of Vermont 44 ` SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-8 PIN: EJ96-0648 Applicant: Frederic Lawrence Stone c/o David W. Conrrd, Esq. Little, Cicchettj & Conrad, P.C. Address: P.O. Box 907 Burlington, VT 05402-0907 This project, consisting subdividing the footprint of the residential townhouse Unit 918 located at 18 Larch Road from the remaining lands of the project known as Summer Woods located off Arbor Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. 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, the Department of Labor and Industry -phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials rior to proceeding with this project. 2. The project is approved as shown on the following plans, prepared by Krebs and Lansing Consulting Engineers, Inc., 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. Project 85148: "Summer Woods Units 8, 10, 12, 14, 16, & 18"; Building Dimensions; Dated Dec 5, 1997. 3. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City Subdivision. Permit EC-4-1736-8 Page 2 5. 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. 6. This project has been reviewed and is approved with an existing, three bedroom single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. 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/health statutes and regulations, with this permit. 8. All conditions set forth in Water Supply & Wastewater Disposal Permit 4 WW-4-0106 and Subdivision Permit 4's EC-4-1736 and amendments shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont on this 25th day of May, 1998. W Canute E. Dalmasse, Commissioner Department of Environmental Conservation By J Jessanne Wyman Assistant Regional Engineer South Burlington Planning Commission & Selectboard Water Supply Division Act 250 Coordinator - James Boyd ` Krebs & Lansing Consulting Engineers, Inc. AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL #DEC PERMITS 1 PRE -APPLICATION REVIEW RESPONSE DATE n. PENDING APPLICATION #- - DISTRICT TOWN �Ou�FFGlA1GTDA PIN # - v 8. pG OWNER OF PROJECT SITE: NAME: r�,QE 016 �gd� `>v f%A►Jid eVAJ"d, :34 ADDRESS: R 0• ,�Ox 4a7 ;�uQclNGrvn/, 1%i OS�da - 0$0� TELEPHONE: �*IA) ?4d - GS/! Based on information provided by , &66 f Z,-#x15/A/6 of land of --' (. U acres, located on &.q I APPLICANT OR REPRESENTATIVE: NAME: ADDRESS. TELEPHON A a project was reviewed on a tract/tracts The project is generally described as: /6V-, MNr 0% /��7%/OUSLy y4#&d*W 4AIdO gAll r (�Vk) k4kdJ ale) . 4,)A - fi✓d S,7+119. Prior Permits From This Office: C O i qy "!�z-y- f73G (A"10 "" IA�UI-y- , 44 PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. 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 newfimproved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: YES NO; Copies sent to Statutory Parties: YES NO COMMENTS: A �o �� (Qu,\Q 34 "n,�L t�o G� Z5� v¢r,,,' rP� ,-tA Vavw4NVIRONMENTAL COMMISSION " °lb-Lo 4 S�^�" ��'''j g- G4,�Ee V""; - DISTRICTS #4,6 &9 4v A-t,� Z5a ri g c ( No sec. rtu,4,�) - 111 WEST STREET SIGNATURE: j3b"'4 DATEADDRESS (IF DIFFERENT): ESSEX JUNCTION,VT 05452 ( t) District 3bordinator Telephone. (80 1 879-5614 2. WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED ti/ YES NO Water Supply & Wastewater Disposal ✓ Subdivision &/or Exemption Deferral of Subdivision Tent/Travel Trailer Campground / Mobile Home Park _Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: r/ES5,fN✓� �i%"!Hm✓ AGENCY OF NATURAL RESOURCES ", DEPT. OF ENVIRONMENTAL SIGNATURE: rl N tr� �' DATE: J-J/NISI ADDRESS: CONSERVATION i 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) Contact: Discharge Permit; pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC), Indirect discharge permit Residuals management sludge disposal O )R PERMITS AND REVIEWS YOU MAY NEEI )ontinued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines L 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: Weil head protection areas Bottled Water New Hydrants Sprinkler Systems Construction Permit, water system improvements Permit to operate New Source 6. WATER QUALITY DIVISION, ANR Hydroelectric Projects (241-3770) Shoreiand encroachment (241-3777) Wetlands (241-3770) Stream Alteration (748-8787/786-5906) f'nfarf- Use of chemicals in State waters(241-3777) Aquatic nuisance control (241-3777) Section 401 Water Quality Certificate; (241-3770) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888) Hazardous waste handler notification requirement (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) Waste oil burning (241-3888) Underground Storage Tanks (241-3888) Asbestos Disposal (241-3444) Composting Facilities (241-3444) HW transporter certificate (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) RECYCLING HOTLINE (1-800-932-7100) SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Contact: Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11 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 LP Gas Storage _ Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 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 Contact: Child care facilities (241-2158) Residential care homes (241-2345) (Dept. of Aging &Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (823-2067 ) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) 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) Contact: Slaughter houses, poultry processing (828-2426) Animal shelters/pet merchant/livestock dealers (828-2421) Weights and measures, Gas Pumps, Scales (828-2436) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE BOARD (802-828-2358) Hydro projects Sells water to 1 or more persons 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, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise taxisolid waste %22 LOCAL 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) 25. OTHER: REVISION DATE: Form Date 111S State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-6 PIN: EJ96-0648 Applicant: John W. Ewen and Nancy G. Ewen Address: 36 Larch Road So. Burlington, VT 05403 This project, consisting subdividing the footprint, of the residential townhouse unit located at 36 Larch Road from the remaining lands of the project known as Summer Woods located off Larch Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. 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, the Department of Labor and Industry -phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials prior to proceeding with this project. 2. The project is approved as shown on the following plans, prepared by Krebs and Lansing Consulting Engineers, Inc., 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. Project 85148: "Summer Woods Units 32, 34, & 36", Building Dimensions; Dated Dec 5., 1997. 3. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Subdivision Permit EC-4-1736-6 Page 2 5. 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. 6. This project has been reviewed and is approved with an existing, three bedroom single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. 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/health statutes and regulations, with this permit. 8. All conditions set forth in Water Supply & Wastewater Disposal Permit 9 WW-4-0106 shall remain in effect except as modified or amended herein. 9. Within 30 days of issuance of this permit, The "Summerwoods Association" shall file an application for a Deferral of Permit, from this office, for the remaining lands (Common Area) which is less than ten acres. Dated at Essex Junction, Vermont on this 17th day of April, 1998. c Canute E. Dalmasse, Commissioner Department of Environmental Conservation BY Jessanne Wymar� Assistant Regional Engineer South Burlington Planning Commission & Selectboard Water Supply Division Act 250 Coordinator - James Boyd Krebs & Lansing Consulting Engineers, Inc. } \ �2- PROJECT REVIEW SHEc i1. THIS IS NOT A PERMIT TOTAL #DEC PERMITS VIE - RESPONSE DATE PRE -APPLICATION REVIEW FENCING APPLICATION3G- DISTRICT_ TOWN __rOUrll !,UeUVGrDA/ PIN # OWNER OF PROJECT SITE: APPLICANT OR REPRESENTATIVE: NAME:_ /�%2/C 1 T��� �15n� �o uN49QA8 NAME: ADDRESS:_,? 0. >60)1- 93,23 x), v7' ADDRESS TELEPHONE. (byz) 6,5-90,2A0 I T= -c"CNE Based on information provided by APPue received on 10 of land of . 0 — �9 a project was reviewed on a tract/trac: acres, located on At'�� D . The project is generally described as: ,a'��l7, AA,- OP a;017- 144. A/0 Cy#",r -)V qUW/r uAtt, ulAfW f�0 Prior Permits From This Office: 4C019,/ efG- y- /736 -G w1vil- o/DG PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OF 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 new/improved road(s) Has the landowner subdivided before? WhenMhere/# of lots AN ACT 250 PERMIT IS REQUIRED: A YES NO; Copies sent to Statutory Parties: YES NO COMMENTS: wp � Z�) �° `�° �► ENVIRONMENTAL COMM ISSI w�` �4e� v�a�ues� wi�� �e h, su lid i �r,•w� f. (No rer,H ►,�.fz� sue.,, �- DISTRICTS #4, 6 & 9 SIGNATURE:_ r1-t�n+nsb — 4 zo 111 WEST STREET DA.T=. AGGRESS (IFDIFF_RENT�-nnry ����rnT�n�l �1T nC� (,�sa�tant) CistridCoordinator Teiephone C^ ; c,; - c , 52 2. WASTEWATER MANAGEMENT DIVISION R GIONAL OFFICE: PERMIT/APPROVAL REQUIRED y� YES NO Water Supply & Wastewater Disposal > Subdivision &/or Exemption Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: AGENCY OF NATURAL RESOURCES SIGNATURE:_AW,94 4m. �y DATE: 4117 9r DEPARTMENT OF ENVIRONMENTAL CONSERVAiIr ADDREss: 111 WEST STREET Environmental Assistance Division � Wastewater Management Division Teiephone: 9 7 ESSEX )CT., 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; incustriai, municioal Indirect discharge permit Contact: Stormwater permits (state and federal, UIC) Residuals management sludge disposal OVER OTN �ERMITS AND REVIEWS YOU MAY NEED: Ptinued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (> 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: Well head protection areas Bottled Water New Hydrants Sprinkler Systems Construction Permit, water system improvements Permit to operate 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. FACIL ITIES 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: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. 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 LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (302863-7221) (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) (828-2o53) 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 merchant/livestock dealers (828-2421) Weights and measures, Gas Pumps, Scales (828-2436) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class_"C" Pesticides (828-2436) 16. PUBLIC SERVICE BOARD (802-828-2358) Hydro projects Sells water to 1 or more persons 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, meals & rooms, amusement machines) LDEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste 1_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) 25. OTHER: REVISION DATE: Form Date 11/97 AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEE THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE APPLICATION REVIEW RESPONSE DATE PENDING APPLICATION # DISTRICT [�— TOWN PIN # OWNER OF PROJECT SITE: NAME.- YA) e, c- �)wc�j 5� �Uritir ADDRESS: L4'eo4 /4'r4J , t4u;/ �3 - 1`OU�`N �rti'�rN6rI1a/J yr U5-y0�; TELEPHONE. APPLICANT OR REPRESENTATIVE. NAME:_ ADDRESS: TELEPHONE: Based on information provided by 460t1297,i!- received on 3/U/gs' a project was reviewed on a tract/tracts of land of � / o acres, located on zl1acN 40"c o -The project is generally described as: //`''tkr•!;T ivUlP��rc'T' or Cl�.lil' �3� .t/c C�fr�erlG� n' Mu,Nic;aix, u,�:� �h✓0 -1 . Prior Permits From This Office: fit= �' /��`��C -<i- /'% �G �t,%cU -,V- 0, G& PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. 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 new/improved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: ✓ YES NO; Copies sent to Statutory Parties: YES NO COMMENTS: Ad�nmw rz,,,,,_ 4�� ENVIRONMENTAL COMMISSIC �tnR,c, 3'g�p�• Q��..p,;,�,a,,,lr;. rnuali• c¢�,u,es�-tn �uri��„1aMo( g 'iw- �>�) DISTRICTS A, 6 & 9 SIGNATURE: DATE: 4 111 WEST STREET $ 9g ADDRESS (IF DIFFERENT 52 ( s t) District oordinator Teiephone � 7 9- c ° of SEX , VT 2. WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED ✓ YES NO Water Supply & Wastewater Disposal v1 Subdivision &/or Exemption Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park _Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: AGENCY OF NATURAL RESOURCES SIGNATURE: �� DATE: 7 �Y ADDRESS: OF ENVIRONMENTAL CtiNSERVATIC ,/ ��r a i� I ��ti� Environmental Assistance Division 111 WEST STREET Wastewater Management Division Telephone: 9 7 q- , 5" G ESSEX JCL 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) Contact: Discharge Permit- pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC) Indirect discharge permit Residuals management sludge disposal OVER OTH! !'ERMITS AND REVIEWS YOU MAY NEED: r ttinued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (> 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: Well head protection areas Bottled Water New Hydrants Sprinkler Systems Construction Permit, water system improvements Permit to operate 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 (748-8787f786-5906) 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: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11 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 LP Gas Storage _ Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 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) Contact: Junkyards (828-2067) Railroad crossings (828-2760) Airports and landing strips (828-2833) Slaughter houses, poultry processing (828-2426) Animal shelters/pet merchant/livestock dealers (828-2421) Weights and measures, Gas Pumps, Scales (828-2436) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE BOARD (802-828-2358) Hydro projects Sells water to 1 or more persons 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, meals & rooms, amusement machines) 2J_,DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste �222. 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) 25. OTHER: REVISION DATE: Form Date 11/97 AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET I, THIS IS NOT A PERMIT , TOTAL # DEC PERMITS PRE -APPLICATION REVIEW t - u -17�Z - RESPONSE DATE PENDING APPLICATION # DISTRICT TOWN 5'0. 64iEbK/gYoPIJ PIN #�_le �-,a �FK. 0 3 OWNER OF PROJECT SITE. NAME: 0 6080f- SaA V i - ED ADDRESS: Z /41 4go- i., SO, 6141,P-Q) l C 7,9 4 V-r TELEPHONE. - R5[ee APPLICANT OR REPRESENTATIVE: NAME:_ ADDRESS. TE_=PHONE. Based on information provided by - _ received on Z / a project was reviewed on a tractttracts of land of L t acres, located The project is generally described as: Fd- a % AP-w 7 "7 Of UAIt 7 6-� Z D ic su h4vkgv� OJ600JS �t1 o C�r4r�lG E o !c1 A' 7,Ev2/S �ccJ F �2 � lJD C�D�I S ��u� YiD � Prior Permits From This Office: PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. 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 newlmproved road(s) Has the landowner subdivided before? When/where/# of Ices AN ACT 250 PERMIT IS REQUIRED: X_YES NO; Copies sent to Statutory Parties: YES NO COMMENTS: A��I-t, - t q�aip(:cc rectlJ�s�t s�4ac1�v— ,�- a r s�- �,,, , NVIRONMENTAL COMMISSION b►1U�S�- b2 Swlov►�+�;�}Q�i�-�-o'�'�-¢ &%ZSD ()Q-�.�.¢ vw,l��5 '1X4144 �.NR NP DISTRICTS #4 6 & 9 (wo�tz) ;hclMd,�a G��j�� �2Lv Su1ocl;�uls� �ew>�1-Q-t•,�,,.„ , 111 WEST STREET SIGNATURE: 3 DATE: 3 ADDRESS (IF DIFFERENT)rne+rV 1111 �nTtn�� try nr�52 (A t) District Coordinator Telephone ; �' , 2. WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT./APPROVAL REQUIRED ---YES NO Water Supply & Wastewater Disposal L—Su6division &/or Exemption Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park _Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVA[ 101 SIGNATURE: DATE. �' /CJ ADDRESS: `jIl WEST STREET ``Environmental A istance Division Wastewater Management Division Telephone: ? +- r ;; L ESSEX JCL 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) Contact: Discharge Permit; pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC) Indirect discharge permit Residuais management sludge disposal OVER OTHER PERMITS AND REVIEWS YOU MAY NEED: t _ Atinued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (> 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: Well head protection areas Bottled Water New Hydrants _ Sprinkler Systems Construction Permit, water system improvements Permit to operate 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) Hazardous waste handler notification requirement (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) Waste oil burning (241-3888) Underground Storage Tanks (241-3888) Asbestos Disposal (241-3444) Composting Facilities (241-3444) HW transporter certificate (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 Judy Mirrc 802-241-3745 11. 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 LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Proaram for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (241-2158) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2067) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE BOARD (802-828-2358) Hydro projects Sells water to 1 or more persons 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, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes, commercial vehicle Franchise tax/solid waste 22. LOCAL 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) 25. OTHER: REVISION DATE: Form Date 11/97 AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) SUMMER WOODS COMMUNITY ASSOCIATION, INC. NOTICE OF CONDITIONS Summer Woods Community Association, Inc., owner of the common elements of the Summer Woods Planned Community, hereby gives notice that pursuant to a final plat approval of the South Burlington Planning Commission, dated , the land under the footprint of each unit comprising the 38-unit planned residential development (PRD) located on Lot A, as depicted on a plat entitled "Building Locations Summer Woods Arbor & Larch Roads South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated December 5, 1997, revised January 5, 1998, and recorded in Map Volume , at Page , of the City of South Burlington Land Records, together with the land under the two duplex units located on Lots B and C, respectively, as depicted on said plat, shall be treated as follows: (1) The land under the footprint of each unit comprising the 38-unit PRD shall be considered to have merged with and be treated as a portion of said Lot A "common land" for the sole and exclusive purpose of determining the Association's compliance with the City of South Burlington Zoning Regulations. (2) The land under the footprint of the Lot B duplex unit shall merge with and be treated as a portion of said Lot B "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. (3) The land under the footprint of the Lot C duplex unit shall merge with and be treated as a portion of said Lot C "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. Notwithstanding the foregoing, said "common land" Lots A, B and C shall not, themselves, merge under this Notice of Conditions. None of the "common land" lots may be further subdivided, nor the building lot configurations therein and thereon be modified without specific advance written approval by the City of South Burlington Planning Commission. DATED at South Burlington, Vermont, this day of January, 1998. SUMMER WOODS CONDOMINIUM ASSOCIATION, INC. By. Executive Board Member Executive Board Member Executive Board Member SON198.FOR PLANNING COMMISSION 13 January 1998 page 4 It was noted that the landscaping proposed is $4300 short of the requirement. Mr. Rabideau said a lot of landscaping was done as part of the Dorset Street project. They will also be pre- serving a lot of landscaping in back. Staff recommended some landscaping be put in off -site. The Commission had no objection to that. Mr. Dinkla e moved that the application be continued to 10 Feb- ruary. Ms. Barone seconded. Motion Passed unanimously. 6. Public Hearing: Final Plat Application of Century Partners, LP to amend an approved planned unit development consisting of 96,800 sq. ft. of general office and shopping center use in 4 buildings, 100 Dorset Street and 2 Corporate Way. The amendment consists of minor modifications to the footprint of Building B, lot covergage and landscaping: Ms. Lindsay said that what they built was within the footprint but it had some "indentations" and some extra green space. There is no change in lot coverage. The also made some substitutions, lilacs for crabapples, and a specialty garden. They added land- scaping by the parking structure and office building and should be over what is required. Ms. Lindsay noted that Green Mountain Power has installed another transformer. Mr. Burgess said it was put in the proposed Mary St. Extension, and the city would never have allowed that. It also was never shown on the approved plan and will cause the city to incur additional expense when changes are made in the Mary St. area. Mr. Beaudin suggested a stipulation that if Mary St. is built, the applicant would incur the cost of moving the transformer. Members agreed to continue the application to get an opinion on this from the City Attorney. Mr. Crow moved tocontinuethe application to 24 February to qet advice from legal Counsel. Ms. Barone seconded. Motion passed unanimously • 7. Public Hearing: Final Plat Application of Summer Woods Community Association, Inc, to amend two previous subdivision approvals: 1) subdivision of a 15.11 acre parcel into two lots of 14.79 acres and 0.32 acres, and construction of a 38 unit planned residential development on the 14.79 acre parcel granted approval on 3/7/89, and 2) subdivision of a 40,600 sq. ft. lot into two lots of 28,600 and 12,000 sq. ft. granted approval on 10/17/89. The amendment consists of creating separate lots under the footprint of each unit included in the 38 unit planned residential development and under each duplex untillocated at PUNNING COMMISSION 13 January 1998 pag" 5 49-11 and 015-17 Arbor Road: Mr. Perry said they added all dimensions as requested. There are no other changes from preliminary plat. He noted that each unit owner will still have to go to the state for a subdivision pe-rmi No issues were raised by the Commission. Mr. Crow moved the Planning Commis_siiun a rove the Final Plat Application of Summer Woods Community Association, Inc, to amend two orevious subdivision approvals: 1) subdivision of a 15.11 acre parcel_ into 2 lots of 14.79 acres and 0.32 acres, and con- struction of a 38 unit 21anned residential develo ment on the 14.79 acre parcel - granted ap roval on 3 7 89, and 2) subdivision of a 40, 600 s ft. lot into 2 lots of 28,600 and 12,000 s ft. - arante,d a22roval on 10/17/89. The amendment consists of creating separate lots under the foot ring of each unit included in the 38 unit PRD and under each duplex unit located at #9-11 and #15-17 Arbor Road as de icted on a plat en- titled "Building Locations Summer woods Arbor & Larch Roads South - ---- - - ------------------------------ Burlington,. Vermont," re aced by Krebs & Lansing,Consulting. Engineers, Inc, dated December 5, 1997, last revised 1/5/98, with the following stipulations: 1. All previous approvals and stipulations which are not super- seded by this approval.shall remain in effect. 2. Pursuant to Section 9.404 of the zoning regulations, the South Burlington, P.lannin_g, Commission modifies the maximum building, cove ra e and setback require nts for the 42 foot rint lots. 3. Pursuant to Section 9.404 of the zonin re ulations, the South Burlington Planning Commission modifies the minimum lot size re- quirement and 80 foot frontage requirement for the 42 footprint, lots. 4. Prior to recording the final plat plan, the applicant shall e record thr ee ree "Notice of Conditions" (one for the original project area and one for each of the du lex lots) indicating__that for zoning, and Tannin purposes all the lots are to be treated as one lot.0 These documents shall be approved by theCit Attorne prior to recording...If in the opinion, of the City Attorne onl one Notice of Condition is required, then only one such notice shall be required. 5. Any change to the plat plan shall require approval of the Sough Burlington Planning Commission. 6. The final plat plan shall be recorded in the land records PLANNING COMMISSION 13 JANAURY 1998 page 6 within 90 days or this approval is null �and �void. _ heolan shall be si2anedd bov the Planning Commission Chair or Clerk prior to re- cordinq_. Prior to recording the final plat plans the applicant shall submit a copy of the survey �plat tin_digital�format. The format of the digital �information �shall �require _approval of the City Planner. ..�.. _nerer. Mr. Dinkla_gaseconded �and _the motion passed unanimously._ 8. Public Hearing: Final Plat Application of Lane Press to amend a previously approved plan for a 135,817 sq. ft. manufacturing/ printing building, 1000 Hinesburg Road. The amendment consists of 1) constructing 3 additions totaling 54,261 sq. ft., and 2) re- locating the driveway: Mr. Crow stepped down due to a conflict of interest. Mr. Adams said there had been a question of the size of the trailer. The recycler said they needed more space, so the area was added to the building. The plan also gives them more space by the dock so they won't have to have empty trailers waiting on the site. Mr. Burgess noted the landscape credit would also increase. Mr. Adams said they did not lose any trees during the recent ice storm although some were damaged. Mr. O'Rourke moved the Planninq_-Commission approve the final_ plat a22lication of Lane Press to amend a previously approved plan for a 136,357 s ft. manacturin q. uf _ q/printing building, 1000 H_inesburq Road. The amendment consists of 1) constructing three additions total_ing__54_,_2.61 sg�ft.,,and 2 ) relocating_ the_ driveway, as depicted on a_ three gage set of plans, page one entitled "The Lane Press 1000 Hinesburq Road So. Burlington, Vermont 05.4034 re aced b_y Walt Adams, dated September 5, 1997, last revised_ ll/ 20 97, with the following stipulations: 1. All previous a22rovals and stipulations which are not super- seded by this approval shall remain in effect. 2. Prior to issuance of a zoning permit, the applicant shall po a $29,850 landscape bond. The bond shall remain in effect for three years to assure tha the landscaping takes root and has a good chance of survivin 26.105 "I ,+-4 st City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 4, 1998 Robert Perry, Esquire P.O. Box 2323 South Burlington, Vermont 05403 Re: Summer Woods, Footprint Lots Sudivision Dear Mr. Perry: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on January 13, 1998 (effective 2/3/98). Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days (5/4/98) or this approval is null and void. If you have any questions, please give me a call. Sincerely, joe- GV/ / Joe Weith, /W City Planner JW/mcp 1 Encl State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-5 PIN: EJ96-0648 Applicant: Carol Soavi - Fox Address: 2 Arbor Road So. Burlington, VT 05403 This project, consisting subdividing the footprint of Unit # 1 from the remaining lands of the project known as Summer Woods located off Arbor Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. 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, the Department of Labor and Industry -phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the plans 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. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 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. Subdivision Permit EC-4-1736-5 Page 2 6. This project has been reviewed and is approved with an existing, three bedroom single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. 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/health statutes and regulations, with this permit. 8. All conditions set forth in Water Supply & Wastewater Disposal Permit # WW-4-0106 shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont on this 12th day of March, 1998. Canute E. Dalmasse, Commissioner Department of Environmental Conservation Jessanne Wyma6 Assistant Regional Engineer c South Burlington Planning Commission & Selectboard Water Supply Division Act 250 Coordinator - James Boyd City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 17, 1998 Robert Perry, Esquire P.O. Box 2323 South Burlington, Vermont 05403 Re: Summer Woods, Footprint Lots Subdivision Dear Mr. Perry: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the January 13, 1998 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days (5/4/98) or this approval is null and void. If you have any questions, please give me a call. q ly,ith,nner JW/mcp 1 Encl r-eARr 'i / - tniFAMrr N /1 J,'16" £ �� - �90• snorAMro T� ��- N J12J'00• W N 5615'30" W '� 7 +/ 56.57' f ♦ Lot A $ rlOS 52 f 11,, snaw`e $ 11 • ♦ r _ .a1 Lot LPL A/C f 1_J Omnm *w _ all A— Gbmrwr Afv dt 7 A— S" .a, L( \ ^•� r is / �iahp. QQS Aor Ar/ArOr _ a0J Aow a$ AUK y Al 01:7?'41' E N IYIJ'f1' W Q b�a:1 cyi i'�� ib;' 2252 17.71' A py^ C I 1\ N 14 J6 14" E s , s0 , �• �.f �� -' t �{ 8 N 0162160f E BJ,�S7y W N 57TJ7 30" q L j B3'j616" 22.05' Nay;:iglr s \ to,� 'hr�l1 I.f i �tS 9B' IlO pp' / SIM—•mot n4aYr ,IQi9 z/.i Lot C 1796?' E / 4 ` 1 ay �' � 6��bi ` qs� ♦ � ��J, ! 3/ J4v 1' � \ 'S r ,7 � ra _I lf� y / r! ^``ryr JG ♦ `bo•� ./'\ //_��Y"`/�„f 1 `,' ; a 1 .1 .W ra'�, \♦? �> �R,i ♦ .;� lj •_J 66.29' I,•� . "7 ! ,� S O'675:J4" Wtc f . snow �'` /� `� _-r' - __ 1�1p'� ♦ S 76J9 07' E �� 50.00 'w N 0674 �7" W T (l %� �' • / y 36. 62' 2 s1RFAM2 26.66' Lot A ! �'� °�?� 1° '4/b \ �6• 4 to s A wa _ oar AOY a t v -- a 39• Adaw _ an Aar ,`� ^` �.p ROOV N 76J907' 's.• ar� /5 �� g�: • /f[ 6745' /.aAR2 41 r• '!�• ti 9 1 G 1-._l "'1.• r g t>aElVr♦ ,., • 6 �I �16 54fb721 £ P\-sA.cr r i ' ; L✓�`, j 67..55' ♦ fc e a W Notes rr S g7Ifc _ I I. 1M a,/1 (orof 7. .+o..r ar rM. a�an an w /orofw p cams, ro aoverr thwr ae aY ry /.Y mwaaa.e � rn, oar✓a of rn, R,r. rr,n Boar. er M, N,f Mar /M! N (1 Maf M RaRw/mco/or b a MNe'tY /h, orI not ,Yr w Mw>miam S Mat we paawrricr.la ro p ty S �B NM I.—' : — 80dG *: `r.9y 00• 3 7 a a .i Fr Pa by Canopy nhvrrrC hg,ear a Cola DSO !„ a/a� DY K ma . Lavrthp Co+,iM(hp 5fe EnpC Mar�(i(tr Pima 37•ri+rrr IafMa NdnN Common/fy: Caf a MUM 12 IM /w( nr N Lkrair M '"1 J'G � \�,' , F RI! Apr SOding Locations nrw�' nu. ...o•. sw.a ar.-wt�+s wwaw.. aa.n nriwr Ber Sce% Woods m^ „o, Summer oar, Own a ,oar Pro GAM A,Es •Carol Raw! A,M an ,rows c .c.e, f.es iGn /0 rain Shvef C04 Mohr, rfr t "4ws .._. _.__ STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICEITDD) STEVEN F. STITZEL FAX (802) 660-2552 PATTI R PAGE* L' yIP II 'FIRIv13555(&,,OL.00M) ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE (-ALSO ADMITTED IN N.Y.) FACSIMILE TRANSMITTAL SHEET Date: January 28, 1998 To: Ray Belair Fax: Re: Summer Woods Community Association, Inc. Sender: Debbie for Joe McLean You should receive 6 Page(s), including this cover sheet. If you do not receive all the pages, please call (802) 660-2555. MESSAGE C, LAP, V-i S-p—d Ou m nuA W c)o d:5 OF COUNSEL ARTHUR W.CERNOSIA Le lsr� Toe ,M) 1) - � This message is intended only for the use of the addressee and may contain information that is privileged and confidential. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited If you have received this communication in error, please notify us immediately by telephone (802-660-2555). Thank you. SUMMER WOODS COMMUNITY ASSOCIATION INC NOTICE OF CONDITIONS Summer Woods Community Association, Inc., owner of the common elements of the Summer Woods Planned Community, hereby gives notice that pursuant to a final plat approval of the South Burlington Planning Commission, dated January 13, 1998, the land under the footprint of eac4 unit comprising the 38-unit planned residential development PgDj located on Lot A, as depicted on a plat entitled "Building L'oc'dtions Summer Woods Arbor & Larch Roads South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated December 5, 1997, revised January 5, 1998, and recorded in Map Volume , at Page of the City of South Burlington Land Records, together with the land under the two duplex units located on Lots B and C, respectively, as depicted on said plat, shall be treated as follows: (1) The land under the footprint of each unit comprising the 38-unit L�D)shall be considered to have merged with and be treateda portion of said Lot A "common land" for the sole and exclusive purpose of determining the Association's compliance with the City of South Burlington Zoning Regulations. (2) The land under the footprint of the Lot B duplex unit shall merge with and be treated as a portion of said Lot B "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. (3) The land under the footprint of the Lot C duplex unit shall merge with and be treated as a portion of said Lot C "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. Notwithstanding the foregoing, said "common land" Lots A, B and C shall not, themselves, merge under this Notice of Conditions. None of the "common land" lots may be further subdivided, nor the building lot configurations therein and thereon be modified without specific advance written approval by the City of South Burlington Planning Commission. DATED at South Burlington, Vermont, this day of January, 1998. SUMMER WOODS CONDOMINIUM ASSOCIATION, INC. By: Executive Board Member Executive Board Member Executive Board Member SCNI 8. FOR SLIMMER WOODS COMMUNITY ASSOCIATION, INC. NOTICE OF CONDITIONS Summer Woods Community Association, Inc., owner of the common elements of the.Summer Woods Planned Community, hereby gives notice that pursuant to a final plat approval of the South Burlington Planning Commission, dated January 13, 1998, the land under the footprint of each unit comprising the 38-unit planned residential development (PUD) located on Lot A, as depicted on a plat entitled "Building Locations Summer Woods Arbor & Larch Roads South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated December 5, 1997, revised January 5, 1998, and recorded in Map Volume , at Page of the City of South Burlington Land Records, together with the land under the two duplex units located on Lots B and C, respectively, as depicted on said plat, shall be treated as follows: (1) The land under the footprint of each unit comprising the 38-unit PUD shall be considered to have merged with and be treated as a portion of said Lot A "common land" for the sole and exclusive purpose of determining the Association's compliance with the City of South Burlington Zoning Regulations. (2) The land under the footprint of the Lot B duplex unit shall merge with and be treated as a portion of said Lot B "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. (3) The land under the footprint of the Lot C duplex unit shall merge with and be treated as a portion of said Lot C "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. Notwithstanding the foregoing, said "common land" Lots A, B and C shall not, themselves, merge under this Notice of Conditions. None of the "common land" lots may be further subdivided, nor the building lot configurations therein and thereon be modified without specific advance written approval by the City of South Burlington Planning Commission. DATED at South Burlington, Vermont, this day of January, 1998. SUMMER WOODS CONDOMINIUM ASSOCIATION, INC. By: Executive Board Member Executive Board Member Executive Board Member SON198.FOP, STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 PATTI R. PAGE* L- vL^.IL FilZy1255};r AOL.CG.�1} ROBERT E. FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTED IN N.Y.) FACSIMILE TRANSMITTAL SHEET Date: January 27, 1998 To: Ray Belair Bob Perry, Esq. Fax: 658-4748 862-0937 Re: Summer Woods Community Association, Inc. Sender: Debbie for Joe McLean You should receive 2 Page(s), including this cover sheet. If you do not receive all the pages, please call (802) 660-2555. MESSAGE Ray and Bob: OF COUNSEL ARTf IUR W. CERNOSIA I have enclosed a Notice of Conditions relative to the above -referenced matter in a form that should satisfy the City's needs in connection with this subdivision. Please let me know if you have any questions. Thank you. This message is intended only for the use of the addressee and may contain information that is privileged and confidential. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone (802-660-2555). Thank you. No Text ;�cyEt 1/13/98 MOTION OF APPROVAL SUMMER WOODS COMMUNITY ASSOCIATION INC. I move the South Burlington Planning Commission approve the final plat application of Summer Woods Community Association, Inc., to amend two previous subdivision approvals: 1) subdivision of a 15.11 acre parcel into 2 lots of 14.79 acres and 0.32 acres, and construction of a 38 unit planned residential development on the 14.79 acre parcel - granted approval on 3/7/89, and 2) subdivision of a 40,600 square foot lot into 2 lots of 28, 600 and 12,000 square feet- granted approval on 10/17/89. The amendment consists of creating separate lots under the footprint of each unit included in the 38 unit PRD and under each duplex unit located at #9-11 and #15-17, Arbor Road, as depicted on a plat entitled, "Building Locations Summer Woods Arbor & Larch Roads South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated December 5, 1997, last revised 1/5/98, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 9.404 of the zoning regulations, the South Burlington Planning Commission modifies the maximum building coverage and setback requirements for the 42 footprint lots. 3. Pursuant to Section 9.404 of the zoning regulations, the South Burlington Planning Commission modifies the minimum lot size requirement and 80 foot frontage requirement for the 42 footprint lots. 4. Prior to recording the final plat plan, the applicant shall record three (3) "Notice of Conditions" (one (1) for the original project area and one (1) for each of the duplex lots) indicating that for zoning and planning purposes all the lots are to be treated as one (1) lot. These documents shall be approved by the City Attorney prior to recording. 5. Any changes to the plat plan shall require approval of the South Burlington Planning Commission. 6. The final plat plan 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 recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the City Planner. CRAFT ,SUM R _WOODS COMMUNITY ASSOCIATION, INC, NOTICE OF CQNDITIONS Summerwoods ComPtuniyy Association, Inc., owner of the common elements of the Summ—,rcod3 Planned Communifiy hereby gives notice that pursuant to a Ri.,a.. plat, approval the; South Burlington Planning Commission., date44 January 1.3, 1908, the land under the footprint of each unit included in the 34-unit planned,�sidential development (PUD) depicted on a lat entitled "Building Location, Summerwoods Arbor and "Larch Roo t South Burlington, Vermont," prepared by Krebs & _:�tnsinq Consulting Engineers, Inc., dated December 5, 1997, revisad January 5, 1998, and recorded in Map Volume , at Page , of the City of South Burlington Land Records, and located on "common land" Lots A, B and C, respectively, as depicted on said plat, stall merger with and be treated as a portion of said "common land" lots for all zoning and planing purposes. Said land may not be subdivided, nor may the building lot configurations be modified without specific written approval by the City of South Burlington. DATED at South Burlington, Vermont, this day of January, 1998. SUMMERWOODS CONDOMINIUM ASSOCIATION, INC, By: Executive Board Member Executive Board Member Executive Board Member 90N199,FOR City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 9, 1998 Robert Perry, Esquire P.O. box 2323 South Burlington, Vermont 05403 Re: Summer Woods, Footprint Lots Subdivision Dear Mr. Perry: 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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, January 13, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sir cerely, Joi Werth, Ci y Planner JW/mcp Encls ROBERT J. PERRY RONALD C. SCHMUCKER ELIZABETH F. NOVOTNY Joe Weith, Planner City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Summer Woods Dear Joe: PERRY & SCHMUCKER ATTORNEYS AT LAW 1480 WILLISTON ROAD P. O. BOX 2323 SOUTH BURLINGTON, VERMONT 05407 TELEPHONE: (802) 863-4SS8 TELECOPIER: (802) 862-0937 January 14, 1998 LEGAL ASSISTANTS LAURIE A. STGELAIS NANCY L. BENSON Enclosed is my proposed notice of conditions for the Summer Woods Project. Although the original motion for approval suggested that three notice of conditions should be filed, since we are dealing with one project, it would seem that one notice covering the entire property would be sufficient, particularly since it ties in all three parcels as shown on the plan. The revised Planning Commission approval was modified to allow one notice if satisfactory to you and Steve. Please advise. Sincerely, Robert J. Perry, Esq. RJP/nlb Enclosure PC: Carol Gamsby N �� printed on recycled paper SUMMER WOODS COMMUNITY ASSOCIATION, INC. NOTICE OF CONDITIONS Summer Woods Community Association, Inc., owner of the common elements of the Summer Woods Planned Community, hereby gives notice that, pursuant to final plat approval of the South Burlington Planning Commission on January 13, 1998, for planning and zoning purposes, all lots shown on a plan entitled "Building Locations Summer Woods Arbor & Larch Roads South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc., dated December 5, 1997, revised January 5, 1998, and recorded in Map Volume at Page of the City of South Burlington Land Records shall be treated as one parcel of land. Said land may not be subdivided, nor may the building lot configurations be modified without specific written approval of the City of South Burlington. Executed at South Burlington, Vermont, this day of January, 1998. Un SUMMER WOODS COMMUNITY ASSOCIATION, INC. Its Executive Board Memorandum - Planning January 13, 1998 agenda items January 9, 1998 Page 7 7) SUMMER WOODS COMMUNITY ASSOCIATION INC. - 45 LOT SUBDIVISION - REVISED FINAL PLAT This project consists of amending a plan previously approved on 3/7/89 for a 38 unit planned residential development. Two (2) duplex units were added to this development subsequent to the original approval for a total of 42 units in the development. The amendment consists of subdividing the project area into 42 lots which are the same size as each unit footprint and three (3) lots consisting of the remaining common lands. Staff discovered that each unit was being sold with the land underneath without subdivision approval. The Association was contacted and requested to apply for subdivision approval. The sketch plan was reviewed on 8/26/97 (minutes enclosed). This property located on Arbor and Larch Roads lies within the R4 District. It is bounded on the north by a 92 unit PRD (currently under development), on the west by undeveloped land, on the south by residences, Jaycee Park and the rear of commercial lots along Williston Road, and on the east by Patchen Road. Access: Access is provided by two (2) City streets, Larch Road and Arbor Road. No changes proposed. Coverage/setbacks: Building coverage, overall coverage and setbacks limitations will be exceeded on all the 42 footprint lots. Section 9.404 of the zoning regulations allow the Planning Commission to modify the maximum building coverage and setback requirements but not maximum lot coverage. This problem can be resolved by recording three (3) "Notice of Conditions" (one (1) for the original project area and one (1) for each of the duplex lots) indicating that for zoning and planning purposes all the lots are to be treated as one (1) lot. Building and overall coverage information for the lot with units #1-38, the lot with duplex units #39-40 and the lot with duplex units #41-42 should be submitted with the revised final plat submittal. Lot size/frontage: The 42 footprint lots will not meet the 9500 square foot minimum lot size requirement and the 80 foot frontage requirement. Section 9.404 of the zoning regulations allows" the Planning Commission to modify the minimum lot size and minimum frontage requirements. 7 1/13/98 MOTION OF APPROVAL SUMMER WOODS COMMUNITY ASSOCIATION INC I move the South Burlington Planning Commission approve the final plat application of Summer Woods Community Association, Inc., to amend two previous subdivision approvals: 1) subdivision of a 15.11 acre parcel into 2 lots of 14.79 acres and 0.32 acres, and construction of a 38 unit planned residential development on the 14.79 acre parcel - granted approval on 3/7/89, and 2) subdivision of a 40,600 square foot lot into 2 lots of 28, 600 and 12,000 square feet- granted approval on 10/17/89. The amendment consists of creating separate lots under the footprint of each unit included in the 38 unit PRD and under each duplex unit located at #9-11 and #15-17, Arbor Road, as depicted on a plat entitled, "Building Locations Summer Woods Arbor & Larch Roads South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated December 5,1997, last revised 1/5/98, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 9.404 of the zoning regulations, the South Burlington Planning Commission modifies the maximum building coverage and setback requirements for the 42 footprint lots. 3. Pursuant to Section 9.404 of the zoning regulations, the South Burlington Planning Commission modifies the minimum lot size requirement and 80 foot frontage requirement for the 42 footprint lots. 4. Prior to recording the final plat plan, the applicant shall record three (3) "Notice of Conditions" (one (1) for the original project area and one (1) for each of the duplex lots) indicating that for zoning and planning purposes all the lots are to be treated as one (1) lot. These documents shall be approved by the City Attorney prior to recording. 5. Any changes to the plat plan shall require approval of the South Burlington Planning Commission. 6. The final plat plan 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 recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the City Planner. PLANNING COMMISSION 26 August 1997 page 2 a. Sketch plan application of Summer Woods Community Association, Inc., to amend a previously approved plan for a 38 unit planned residential development and 2 duplex units added to the development subsequent to the original approval for a total of 42 units in the development. The amendment consists of subdividing the project area into 42 lots, which are the same size as each unit footprint, and 3 lots consisting of the remaining lands, Arbor Road: Mr. Perry explained that the As the project was developed, unit owns the land under the subdivision. project was approved as 42 units. these were town house units. Each unit. Technically, that makes it a Mr. Teeson asked if the city has "as-builts." Mr. Weith said he has asked for these for Final Plat. Mr. Burgess asked for an explanation as to why there are 42 units. Mr. Perry said two duplex lots were created on the north side of Arbor Rd. They involved an agreement with Joanne Brill. Mr. Weith noted they were approved as duplex lots. Mr. Crow asked for confirmation that this will be one PRD. Mr. Perry agreed and added that there will be one homeowners assoc- iation. Mr. Weith said the application will go right to final plat. 5. Public Hearing: Preliminary plat application of Dorset Holdings, Inc, to 1) subdivide a 1.68 acre lot into three lots of 0.2, 0.2 and 1.28 acres, and 2) construct a 24 unit planned res- idential development on the 1.28 acre parcel, 345 Dorset St: Mr. Deslauriers said they have received a variance from the Zoning Board for minimum lot size and frontage. Lot #1 will contain a 24 unit PRD of 24 town houses. Building A will have 5 units, Building B 13 units and Building C 6 units. Buildings will have a brick facade in front with the rest of clapboard construction. There will be 2 chimneys on each build- ing. Access will be from a right-of-way with Mr. Landsman via an existing curb cut. There is also a curb cut to the south shared with the Shepherds. Pedestrian access is via sidewalks. Building coverage will be 27% with 75% overall coverage. 54 parking spaces are required and are provided. Landscaping will be just under $20,000 and will provide rear yard screening. There will be a 6 foot fence the full length of the property. Preliminary Comments - City Planner January 13, 1998 agenda items December 17, 1997 Page 2 — indicate when each phase will be constructed. — the landscape plan (sheet SP-1) should be revised to add more evergreen type buffer plantings in the C.O. District along the I-89. — submit engineering plans no later than Tuesday, December 23 at 4:00 P.M. to remain on this agenda. — Planning staff does not support the fire department's recommendation to relocate the access connection to U-Mall. Moving the connection to the west would encourage cut - through traffic from the mall to Dorset Street. MBL ASSOCIATES - REVISE MULTI -FAMILY UNITS - SKETCH PLAN — the final plat submittal should include a revised landscape plan for the entire property — bike racks should be provided as required under Section 26.253(b) of the zoning regulations. — the individual overflow parking spaces should be shown. — provide details (cut -sheets) for all exterior lights associated with the duplexes. SUMMER WOODS COMMUNITY ASSOCIATION INC - 45 LOT SUBDIVISION - REVISED FINAL PLAT — provide building and overall coverage information for the lot with units #1-38, the lot with duplex units #39-40, and the lot with duplex units #41-42. — the duplex units should be numbered. — the lot on which the easterly most duplex building is sited should be shown. — the lots not developed with buildings (e.g., common areas) should be numbered or lettered. — property line symbols should be used for the footprint lots instead of building lines. — the plat must be stamped and signed by land surveyor and the tie lines should have bearings. PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, January 13, 1998 at 7:30 P.M. to consider the following: 1) Final plat application of Lane Press to amend a previously approved plan for a 135,817 square j-(,ot manufacturing/printing building, 1000 Hinesburg Road. The amendment consists of: 1) constructing three (3) additions totaling 54,261 square feet, and 2) relocating the driveway. 2) Final plat application of Summer Wouds Community Association, Inc., to amend two previous subdivision approvals: 1) subdivision of a 15.11 acre parcel into 2 lots of '4.79 acres and 0.32 acres, and construction of a 38 unit planned residential development on the 14.79 acre parcel - granted approval on 3/7/89, and 2) subdivision of a 40,600 square foot lot into 2 lots of 28,600 and 12,000 square feet - granted approval on 10/17/89. The amendment consists of creating separate lots under the footprint of each unit included in the 38 unit PRD and under each duplex unit located at #9-11 and #15-17, Arbor Road. 3) Final plat application of Century Partners, LP to amend an approved planned unit development consisting of 96,800 square feet of general office and shopping center use in four (4) buildings, 100 Dorset Street and 2 Corporate Way. The amendment consists of minor modifications to the footprint of Building B, lot coverage and Landscaping. 4) Continue preliminary plat application of John Larkin to expand an existing 89 room hotel and 225 seat restaurant facility, One Dorset Street. The expansion consists of adding 71 rooms for a total of 160 rooms. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission December 27, 1997 FOUND AND NEEDS A GOOD HOME Male be- agle, tri-colored, small - medium size, approx. 3-5 yrs. of age (?) Very sweet, very friendly, very loving. Extremely friendly with other rats and dogs. Wants to be loved. 985- 2248 or 849-2369. LOST-BUNNIE Friendly, tan, lop eared bunny, in the South End of Burlingg- ton area on 12/23. Please call 863-225T LOST DOG $500 reward. Been missing for 1 month from Fairfax area. Pure bred black lab, 90 lbs., name is "Oscar". Greatly loved and Missed! 879-4226. LOST DOG 9 year old male, Shar-Pei. White. In Mallett's Bay on 12/21. Reward! Call 863-0316. LOST DOG Lost on December 19 in the West Milton area, a 15 pound Pomeranian. He is off-white in color, wearing a red harness. REWARD. Call any hour, day or night, 893-0041. LOST OLYMPUS CAMERA & BLACK CASE Lost in shop- ping mall parking lot on Friday 12/19. Con- tains priceless grand- daughter pictures. Reward. 759-2767 LOST PUPPY 4 mo. old, female Basset Hound, answers to name "Molly". Ran off late Xmas night with older dog & didn't return. Lost in Burlington/S. Burling- ton area near Rice Me- morial School. If found call Marlene at 658-4941. PERSONALS b ADOPT: Happy couple would love to become a family. We can give your baby love, security & a bright future. Expenses paid. Call Sandy & Tim 1-800-895-7439 ADOPT: Your baby will be the center of our life. Ex- penses paid. Call Diana & Charlie 1-800-727-5420. CELTICS TICKETS Knicks 1/26, Washingg. 1/28, Dallas 2/4, Kinggs 2/ 25. Great seats 888-5557. CELTICS TICKETS (2) Celtics - Timberwolves, January 2 (evening) at Fleet Center in Boston, $210 value, best offer. Call 453-3840. MYSTERY Do you know why the Goose Club of the Alpha Inn celebrates Sherlock Holmes' birthday every year on Jan. 69 For details of the dinner and entertainment or, Tuesday, Jan. 6, call 878-8070 by Jan. 4 for reservations. ENTERTAINMENT $ HARDBODIES #1 exotic dance co. Quality dancers for all events.1-800-370-2223 MODELS & MORE Where fantasy & reality meet! Outcall only_ Now home . P-r ........ 1-800-866-WANT LEGAL ZP "C HEARING UTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Boom, 575 Dorset S reet, South Bucifington, V rmont on - uesday, Ja uary 13, 19 8 at 7:30 P. to cons' er the fol- low, 1) Final plat application of Lane Press to amend a previously approved plan for a 135,817 square foot manufactu- ring/printing building, 1000 Hinesburg Road. The amendment consists of: 1) constructing three (3) additions totaling 54,- 261 square feet, and 2) relocating the driveway. 2) Final plat application of Summer Woods Com- munity Association, Inc., to amend two previous subdivision approvals: 1) subdivision of a 15.11 acre parcel into 2 lots of 14.79 acres and 0.32 acres, and construction of a 38 unit planned resi- dential development on the 14.79 acre parcel - granted approval on 3/7/89, and 2) subdivi- sion of a 40,600 square foot lot into 2 lots of 28,- 600 and 12,000 square feet granted approval on 10/17/89. The amend- ment consists of creating separate lots under the footprint of each unit in- cluded in the 38 unit PRD and under each duplex unit located at #9-11 and #15-17, Arbor Road. 3) Final plat application of Century Partners, LP to amend an approved planned unit develop- ment consisting of 96,- 800 square feet of gen- eral office and shopping center use in four (4) buildings, 100 Dorset Street and 2 Corporate Way. The amendment consists of minor modifi- cations to the footprint of Building B, lot coverage and Landscaping. 4) Continue preliminary plat application of John Larkin to expand an existingg 89 room hotel and 225 seat restaurant facility, One Dorset Street. The expansion consists of adding 71 rooms for a total of 160 rooms. Copies of the applica- tions are available for public inspection at the South Burlington City Hall. William Burgess Chairman South Burlington Planning Commission December 27, 1997 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A., the m ents, contractors, equipment service and repair and associated ac- cessory uses, located at lot #28, Commercial Avenue, Ethan Allen Industrial Park. #2 Appeal of Vincent T. Morin & Gerald Kaigle agent seeking a variance from Section 25,00 Di- mensional requirement, sub -section 25.101 front yard setback of the South Burlington Zoning Regulations. Request is for permission to recon- struct a 5'x27' porch which will create a zero setback and results in re- moval of the porch from within the street right-of- way, located at 316 Patchen Road. Richard Ward, Zoning Administrative Officer December 27, 1997 STATE OF SOUTH CAROLINA COUNTY OF WILLIAMSBURG GEORGE K. HOWLE AND PAMELA B. HOWLE, PLAINTIFFS, VS. BETHANY CHRISTIAN SERVICES OF SOUTH CAROLINA, INC., BILL DOE REPRESENTING AN UNKNOWN FATHER WHO LIVES IN BURLINGTON, VERMONT, AND BABY BOY DOE, A MINOR UNDER THE AGE OF EIGHTEEN (18) YEARS, DEFENDANTS. IN THE FAMILY COURT THIRD JUDICIAL CIRCUIT 97-DR-45-676 SUMMONS AND NOTICE OF FILING TO THE ABSENT DEFENDANT, BILL DOE, REPRESENTING AN UNKNOWN FATHER WHO LIVES IN BURLINGTON, VERMONT, ABOVE NAMED: SUMMONS: YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, the original of which has been filed in the Office of the Clerk of Court for Williamsburg County, on the 31 st day of October 1997, a copy of which will be delivered to you upon request; and to serve a copy of our Answer to the Complaint upon the undersigned at- torney for the Plaintiffs at Jenkinson & Jenkinson, P.A., Post Office Drawer 669, Kingstree, South Carolina 29556, within thirty (30) days following the date of service upon you, exclusive of the day of such service; and If you fail to answer the Complaint within the time stated, the Plaintiffs will apply for judgment by default against the Defendant for the relief demanded in the Com- plaint. NOTICE OF FILING: YOU WILL PLEASE TAKF NOTIr:F rh.r rho City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 19, 1997 Robert Perry, Esquire P.O. Box 2323 South Burlington, Vermont 05403 Re: Summer Woods, Footprint Lots Subdivision Dear Mr. Perry: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, the Fire Department and myself. Please respond to these comments with additional information and /or revised plans, if appropriate, no later than Monday, January 5, 1998. If you have any questions, please give me a call. Sincerely, /0 G�i�17 �`4` Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls KREBS & LANSIt { CONSULTING ENGINEEka, INC. 10 Main Street COLCHESTER, VERMONT 05446 (802) 878-0375 TO lZ,q Y 13C7,A I (L WE ARE SENDING YOU ICAttached ❑ Under separate cover via _ ❑ Shop drawings A Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ U.Mum) oIP DATE JOB NO. v/ ATTENTION RE: S✓AuM 6' e Woo S ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION S Si r&r- 12tA/,J - i s o r3CA /Z<,.JG 5 ll i 7 /_j THESE ARE TRANSMITTED as checked below: xFor approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO M9 ❑ Approved as submitted ❑ Approved as noted • Returned for corrections ❑ Resubmit ❑ Submit _ ❑ Return _ copies for approval copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED%4�(,n�f°``�L°V ` If enclosures are not as noted, kindly notify us at once. Memorandum August 26, August 22, Page 4 - Planning 1997 agenda items 1997 3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the altered greens and tees. 4. Any changes to the site plan shall require approval by the South Burlington Planning Commission. 4) SUMMER WOODS COMMUNITY ASSOCIATION, INC. - 45 LOT SUBDIVISION - SKETCH PLAN This project consists of amending a plan previously approved on 3/7/89 (minutes enclosed) for a 38 unit planned residential development. Two (2) duplex units were added to this development subsequent to the original approval for a total of 42 units in the development. The amendment consists of subdividing the project area into 42 lots which are the same size as each unit footprint and three ( 3 ) lots consisting of the remaining common lands. Staff discovered that each unit was being sold with the land underneath without subdivision approval. The Association was contacted and requested to apply for subdivision approval. This property located on Arbor and Larch Roads lies within the R4 District. It is bounded on the north by a 92 unit PRD (currently under development), on the west by undeveloped land, on the south by residences, Jaycee Park and the rear of commercial lots along Williston Road, and on the east by Patchen Road. Access: Access is provided by two (2) City streets, Larch Road and Arbor Road. No changes proposed. Coverage/setbacks: Building coverage, overall coverage and setbacks limitations will be exceeded on all the 42 footprint lots. Section 9.404 of the zoning regulations allow the Planning Commission to modify the maximum building coverage and setback requirements but not maximum lot coverage. This problem can be resolved by recording three (3) "Notice of Conditions: (one (1) for the original project area and one (1) for each of the duplex lots) indicating that for zoning and planning purposes all the lots are-,, to be treated as one (1) lot. Building and overall coverage information for the lot with units #1-38, the lot with duplex units #39-40 and the lot with duplex units #41-42 should be submitted with the revised final plat submittal. 4 Memorandum August 26, August 22, Page 5 - Planning 1997 agenda items 1997 Lot size/frontage: The 42 footprint lots will not meet the 9500 square foot minimum lot size requirement and the 80 foot frontage requirement. Section 9.404 of the zoning regulations allow the Planning Commission to modify the minimum lot size and minimum frontage requirements. Revised final plat: --- the revised final plat plans should show as -built locations for each of the units showing tie lines connected to existing monumentation. --- the lots not developed with buildings should be numbered. --- property line symbols should be used for the footprint lots instead of building lines. 5) DORSET HOLDINGS, INC. - 24 UNIT PUD - PRELIMINARY PLAT This project consists of: 1) subdividing a 1.68 acre parcel into three (3) lots of 55,789 square feet (lot #1), 8775 square feet (lot #2), and 8,792 square feet (lot #3), and 2) constructing 24 multi -family units in three (3) buildings on lot #1. The sketch plan was reviewed on 1/28/97 (minutes enclosed). This property located at 435 Dorset Street lies within the CD3 and R4 Districts. It is bounded on the north by residences, on the west by Sherry Road and residences, on the south by a residence and office building, and on the east by Dorset Street. Access/circulation: Access to lot #1 is proposed to be via two ( 2 ) shared curb cuts on Dorset Street, one (1) at either end of the property. Section 26.103(a) of the zoning regulations states that "unless specifically approved by the Planning Commission there shall be a maximum of one driveway per lot accessing a public street." Staff does not see a problem with the two (2) accesses since they are to be shared with adjoining properties. Access to lots #2 and 3 will be via individual driveways off Sherry Road. Circulation on the site is adequate. Coverage/setbacks: Lot #1: Building coverage is 27% (maximum allowed is 50%). Overall coverage is 75% (maximum allowed is 80%). Setback requirements are met. 5 M E M O R A N D U M TO: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: January 13, 1998 Agenda Items Date: December 19, 1997 LANE PRESS - 1000 HINESBURG ROAD 1) Culvert and drainage shall be concrete or plastic not metal or aluminum. 2) City Water Department shall review the relocation of fire hydrants that the site plan calls for. SUMMER WOODS CONDOMINIUM DEVELOPMENT - PATCHEN ROAD 1) Plan should show Patchen Road and the adjacent property owners. 2) Roads should include curve data so they can be established if the need arises. HOWARD JOHNSON - DORSET STREET/WILLISTON ROAD Preliminary site plan prepared by Gregory Rabideau Architect dated 11/8/96 is acceptable. JUDGE DEVELOPMENT CORPORATION - CORPORATE WAY Site plan dated 12/8/97 titled Expand Shopping Center Site Plan Phase II is acceptable. DORSET FARMS - DORSET STREET Site plan for revised layout prepared by Lamoureux, Stone and O'Leary is acceptable, however, Floral Drive in three locations will be confusing. MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: January 13 , 1998 agenda items Date: December 17, 1997 1) The Lane Press Dated 12/3/97 1000 Hinesburg Road Acceptable 2) Howard Johnson's Expansion Dated 12/4/97 1 Dorset Street The access between this property and the U-Mall property should be relocated approximately 70 feet to the north to facilitate access by emergency vehicles. 3) Summer Woods Dated 12/12/97 Arbor & Larch Roads Acceptable 4) Dorset Farms Dorset Street Acceptable 5) Century Partners 4 Corporate Way Acceptable Dated 12/5/97 Dated 12/10/97 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant LSYjz m-er Lbods Li ►, an f✓ C� S 1 �i?✓1J �I'� , 2 ) Name of Subdivision Ummpr 1 )1)1)4 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attoMinp y or plat designer since preliminary plat application 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: one_ 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and cRntaining all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a ) for a major subdivision. To 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for a major subdivision. 0/r, (Signature) applicant or co ct 'person Date ROBERT J. PERRY RONALD C. SCHMUCKER ELIZABETH F. NOVOTNY Joe Weith, Planner City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Summer Woods Dear Joe: PERRY & SCHMUCKER ATTORNEYS AT LAW 1480 WILLISTON ROAD P. O. BOX 2323 SOUTH BURLINGTON, VERMONT 05407 TELEPHONE:(802) 863-4558 TELECOPIER: (802) 862-0937 December 8, 1997 LEGAL ASSISTANTS LAURIE A. STGELAIS NANCY L. BENSON Enclosed is a final plat application and the long awaited plans from Krebs & Lansing documenting the various unit locations. Please call if you need any additional information. Otherwise, I would appreciate a scheduled hearing as soon as possible. Thank you for your help. Sincerely, Robert J. Perry, Esq. RJP/nlb Enclosures mw printed on recycled paper } T—BAR1 N B3�t7-7?9_W N 113116" E 33.90' STREAM, N 3173'OO" w r 58.57' N 0232 41 " E 22.52 N 141W24" E 50.64' Fr/ SIREAN3 N S1R W2 Ph 7--BAR2 ova ry/ SWAMI Notes., 1, fie budding locatlons shown on we pion ore as located during October 1997 2. Distances flan budding comers to property lfnes are measured fran the outside of the pine trim boards at the Rrst Aoor level. * For complete bounday hfamatlon, see plan by Krebs A' Lansft Consulting Engineers, lnc. entitled "rho/ Plot, Summer woods", doted January 1989. ` 1 N 564330" W s 4409 19.14' 1 \ 51R£AMB je O y .. N 1973'11" 3 S 5 S2 639 Y � \S1RE 5 28 26 24 F 20 A ,,. 3B ...,.... N 57'0150" E 22 22.05' 27. SIREAM4 � � f ,fig "r n.ar• .«.�. r•-„ \ 0674'43" W 12 ¢°� T ` �`•. N >6. 25.. B 4 2 24V- a 3 2 �O r2 22 o w B "'h, 6 k. N 54VO'12" E 7ARJ 6755' h ry � 0 , r ssa9 r S79S5¢� hrr �% Rr^ /PB N r 1. 1` S' S,9 `AQO• � Y�4;t I 7- 1 DEC 1 2 1997 a• zr 50' 10a' 1J0' 250' Bar SCa/e 1' a ao' City of So. Bur', State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-4 PIN: EJ96-0648 Applicant: John J. Rao,III and Patricia Corcoran Address: 14 Arbor Road So. Burlington, VT 05403 This project, consisting subdividing the footprint of Unit # 7 from the remaining lands of the project known as Summer Woods located off Arbor Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. 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, the Department of Labor and Industry -phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials rior to proceeding with this project. 2. The project shall be completed as shown on the plans 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. 3. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 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. Subdivision Permit EC-4-1736-4 Page 2 6. This project has been reviewed and is approved with an existing, three bedroom single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. All conditions set forth in Water Supply & Wastewater Disposal Permit # WW-4-0106 shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont on this 10th day of December, 1997. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By'�KMW L W Jessanne Wyma Assistant Regional Engineer c South Burlington Planning Commission & Selectboard Water Supply Division Act 250 Coordinator - James Boyd PROJECT REVIEW SHEEJ THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE -APPLICATION REVIEW RESPONSE DATE PENDING APPLICATION # DISTRICT TOWN A1tk(_1)IC7nx) PIN# OWNER OF PROJECT SITE: NAMEJA14g3 RAn - PAIKIL A (6 (k! a6k a ADDRESS: /V APAt)4, kA, APPLICANT OR REPRESENTATIVE: NAME:_ ADDRESS. i TELEPHONE:_TELEPHONE: Based on information provided by received on //�!(/A of land of acres, located Ak &i 2d . _ a project was reviewed on a tract/tracts The project is generally described as: A y",1,T 'E0A6fVtS/0 J QF LA;J4 0>JOCA- PAC Ll/ncsL�l ,4,4/1 A),CkJ 0446d IsAl1 7 '5 n,Mi✓K rude os '' flo oTW('62 ev4k'uS Prior Permits From This Office: P_ C- �Z- /7 � aT q Q) 74 V /1 Ai _ c/ .t /D l PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. 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?. Has the landowner subdivided before? AN ACT 250 PERMIT IS REQUIRED COMMENTS: t�� Ik q Length of newfimproved road(s) When/where/# of lots YES NO; Copies sent to Statutory Parties: YES NO ENVIRONMENTAL COMMISSIO DISTRICTS #4, 6 & 9 111 WEST STREET SIGNATURE: I�''u-� �7�tiaZ� DATE: IZ Z-'I_�- ADDRESS (IF DIFFERENT' CJ2 ( ) Distridt Coordinator Telephone s - �� f Z 2. WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED t--' YES NO Water Supply & Wastewater Disposal Subdivision &/or Exemption Deferral of Subdivision Tentrrravel Trailer Campground Mobile Home Park _Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: AGENCY OF NATURAL RESOURCES SIGNATURE: I, ADDRECSsPARTMENT OF ENVIRONMENTAL CONSERVATIO DATE: // s s� 111 WEST STREET L— Environmental Assistance Division / Wastewater Management Division Telephone: ESSEX JCL 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) Contact: Discharge Permit-, pretreatment permits-, industrial, municipal Stormwater permits (state and federal, UIC) Indirect discharge permit Residuals management sludge disposal OVER OTH( IERMITS AND REVIEWS YOU MAY NEED:' itinued) 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 6. WATER QUALITY DIVISION, ANR Hydroelectric Projects (241-3770) Shoreland encroachment (241-3777) Wetlands (241-3770) Stream Alteration (748-8787/786-5906) Contact: Bottled Water New Hydrants Permit to operate Contact: Diesel Engines (> 200 bHP) Sprinkler Systems New Source Use of chemicals in State waters(241-3777) Aquatic nuisance control (241-3777) Section 401 Water Quality Certificate; (241-3770) 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) RECYCLING HOTLINE (1-800-932-7100) SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Contact: Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11 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 LP Gas Storage _ Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 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) Contact: Junkyards (828-2067) Railroad crossings (828-2760) Airports and landing strips (828-2833) Slaughter houses, poultry processing (828-2426) Animal shelters/pet merchant/livestock dealers (828-2421) Weights and measures, Gas Pumps, Scales (828-2436) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE BOARD (802-828-2358) Hydro projects Sells water to 1 or more persons 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, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste 22. 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) 25. OTHER: REVISION DATE: Form Date 11/97 AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation November 25, 1997 John J. Rao, III Patricia Corcoran 14 Arbor Road South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802) 879-5656 Subject: EC-4-1736-4, Summer Woods -- Pen -nit previously approved Unit 7 as a <IA lot with mun. water & sewer. located on Arbor Road in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #7363 on November 14, 1997, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. PLEASE SUBMIT A SIGNED PROPERTY ACCESS FORM FOR THE FILE. THE PERMIT CANNOT BE ISSUED WITHOUT A SIGNED FORM. Sincerely, i Irene L. Roberge Administrative Secretary City of South Burlington Planning Commission 1-1 w J\ \ c^ pe �ete. F ,ws r�dw2 7.26' sQ%Z Notes: 1. As bulling locations shown on M/s plan are as located during October 1997 2. Paloaces horn building comas to property Imes ore measured flan the outside of the pine lrlm boards at the rbst poor IswW Measurements that am pepsndi lar to a property line are, marked w/th the swnbok Measurements that ore not perpendicular too property line are mocked with a bearing' — 80.84'— s F4.4616" w J.Fw conIp/ete boundary information and rood curls data, see plan by Krebs & Lans/ng Consulting Engineers Inc. entitled 'Ste Plan, Summer Woods planned Community; doled March 12, 1990, lost road October 24 199.5 v - - S7AFAM71 ►�-�__ N 1131'16" E —1 U7? W N J173'S'M to JJ900" W N 56 43'JO" W 19.14' �= MX"e•61 1!f �+��37726" W 58.57' s 4, t,o \ Lot A h 105 sn�Ary �a h ,e 752� Lot C Cownw And - a27 Aaw Cbrmnan Ana a2J Aaw �' &jfdrips - 405 Aaw awdhps aai Aaw J* L' q \� s'�.e I;? nrw a.rr Aaw raw Aaw N 0232'41' E N /97311 ` W j� }a.f E6 / 15 e� 4O r;Qze'1 �I 22.52 s111L_7 57.72' i !2 J 6 a �y.�i "�. _ u"�� '�J s ART %"lam , +t-t " w L, g -k N 0675:W E l 143824 E T• t \ �,^--_►4 12260' 50.64' s K ro se i m 24 i 20 I�N 8J;jS26` W N 57VIW' E `- �' 8t �p1'� "?I �1j•5 a l4,598' S BJ3526`E -�' 2, L u7 h6Si 170. S 22.05' 7r.�bi a 5`105i 1 �., 1 • 00 s1r Aw �5�� [..�//I/ �a L 7 ,y"c 1�8 ��ii zl�s Lot C 179.62' �62 y564 ` O^c�� \\ l J4 I '7?�Ja !I 15 •,7�73 _I �I7oy- �L_ �_. Y/ T Jr \ oo _ w 51 f'6 Up_� 1 � n r I 152"18"W 0 S 0675:i4" W h 50.00 sn?EAMJ ` H /, /� �- " M1�Ta' \ S MJ907" E �I N 0674 43" W 12 %S 0`• a J6 62 S7RL'AM2 26.66' Lot � ` t , � �.p 4601 \ �6• C4aamdn Ana - Rae Aaw ro + 10'b `v, F—" + � � bp7' iP N 763907" W �90j• • aAahp. an Aar y I 2e c Sep" oOo B7.45' 2+t0 e raw Rdg Aow e 4 ft` Is 14 �� i _ NI tip 22 JJ!! 1e 1s ( C, i/a I l.''✓`•/\. `) •'fie / :.� �G� N 654VO'12" E � \ ✓r 7.55' BARJ ' Ec _ OIL L4L6- o, a s �s\�• � S 79•Ssf/rE � - � I -S, Ael s\tee '•� RKE" w r� r.D 1 Sy\• JAN 0 7 1998 F A� City of So. Budipr,' .m. A Isee emcee --r b C b—." rh #—", mrt L.W. —6.d D—*fro, i aw�kw rater;r,�nr/o„ Dwn "AP! Sui/ding Locations o roo' --- _-ISa 2 7Mr allyy Ar bawd an ewMrxe aeWbe Drain n1P/�1/Rr rat3 _ bard h Me AGM ad wA'ten Wpwf abstracted ban arse/b and osier pertiMC Chocked Soule BOr SCO/B 1' - M. naafis 1ha pW 4 aanrtrrarr .rn uar IlpDr* Summer Woods nklre. ma par aau6nw ro 17 kst C Sods ersb6n fId[ H..M7 ! Dab Asa d 107 Project OM48 Arbor- t Lovh Roads SduM dun m""d"� xRA'BS at G/NSlA'G Conetsltsr{y Ai�r'r:eerx, !nor _-- �` RdbWt 0 Krebs L.Ls A017 !O A(ain Sbve4 ColeAester, Vermont 49SMS City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 12, 1997 Austin D. Hart, Esquire Dinse, Knapp & McAndrew, P.C. P.O. Box 988 Burlington, Vermont 05402 Re: Summer Woods Planned Community Dear Austin: ZONING ADMINISTRATOR 658-7958 The Summer Woods Homeowners Association appeared before the City of South Burlington Planning Commission on August 26, 1997 for sketch plan review. In order for Summer Woods Homeowners Association to receive revised final plat approval from the Planning Commission, an application must be submitted along with a mylar which defines the individual unit lots as -built and ties the individual unit lots in with the existing approved plans. This application must be submitted within six (6) months of the sketch plan review. Upon receipt of the application a public hearing will be warned and held for the purpose of approving the revised final plat. Once approval is granted, the mylar must be recorded within 90 days in the South Burlington land records. Sincef�e`ly, Raymo d J. Belair, Zoning and Planning Assistant RJB/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1997 Robert Perry, Esquire P.O. Box 2323 South Burlington, Vermont 05403 Re: Summer Woods, Footprint Lots Subdivision Dear Mr. Perry: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the August 26, 1997 Planning Commission meeting minutes. Please note that the preliminary plat application must be submitted within six (6) months. in erel Joe e1 h, City Planner JW/mcp 1 Encl ROBERT J. PERRY RONALD C. SCHMUCKER ELIZABETH F. NOVOTNY Joe Wjeth, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Summer Woods Dear Joe: PERRY & SCHMUCKER ATTORNEYS AT LAW 1480 WILLISTON ROAD P. 0. BOX 2323 SOUTH BURLINGTON, VERMONT 05407 TELEPHONE: (802) 863-4SSS TELECOPIER: (802) 862-0937 LEGAL ASSISTANTS LAURIE A. STGELAIS NANCY L. BENSON August 27, 1997 I didn't make much money Tuesday night, but I was pleased with the outcome. I will have the Final Plat Application with the new plans to you shortly. Do you have specific language for the Notice of Conditions which you wish us to use or should I invent something? Sincerely, Robert J. Perry RJP:Ij my printed on recycled paper 0 YL D, 4 rj� v �, f M, a,t,e— ""a� I L)A-) ,-4- PPS City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 22, 1997 Robert Perry, Esquire P.O. Box 2323 South Burlington, Vermont 05403 Re: Summer Woods, Footprint Lots Subdivision Dear Mr. Perry: 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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, August 26, 1997 at 7:30 to represent your request. If you have any questions, please give me a call. incere y, W &� e Weith, C ty Planner JW/mcp Encls N83' 0779'W _Yf 302.20' 33.90' E N//•3/'/6 E' -it arr�bugh Whine /3 PoQr 77 AV /. NAM. - ILandto he 6oawyea to r^- Ptaprities Areo • 3?O acres � , /N Ant fAes• / ao ` See B."d-Y Swley fAw/ / ` Ar lrwa bo W-7 o1W A-WJne. � �Jjyti �•.I 1 �TF � \` s4 n Justin Corporotian V044W. /80 Pope 151 AAA P, 1976 s N i Q Curw 3B ONr/de RJOAI of Way Of B 64.46't1" d =64.46'12" q . /4/ aB' R = /70.70 4 Cw I D 40.71'I6' D c 33.3357' 900J Cu/-dr-,ao to rr / M T = /Oe. P6' 6 ' 8V54'4/" Ham 'ers Ase lefln nnen L = /9P.96' 7 • /31.95' See Lbund4ry Survey rnerl / PC,^ • 8-1 40. 76 orJmdry rood is eilendN R 149. JB kr net" on bouMoey and hnMiM OJ,r •Bs .30. a/D! •B+.1:.2/aAd O 36.1/'2J R. Munson 85 0126J5, L 116. /6' s es•07't9"E PC/ • 3. 9e.70 Volume"'orcn 6 Pr-6.14.36 /26 Pope 396 s 7J• 49't2' W pit • 5' 50.66 bA . 4 . oz.lt end eoNly a+•04eP•e1. of.AJ 98' - M,,✓ s�rx ses•al't9-C /15.00 45.0a J•O7' s9,al• P/' W 1 r,SC _:1 Cvr ve aB '-- "o seJ•Ol't9'F 0 2os 2s oo" , R M07' - - ,r «K••'l. I E~#Iy A"3A: •JOOa r�r 10 0 /63'21'4/" '„ '-\� �$ /-fwla sry Lt09sev A9oPW r L 12..70/26 i i .serf ^� ?m '`�,�.• ,er p / - r-11,A5•t30e•80,W • s 19.14 q; 1 • - , �8 �, 8;n Melno Concrete 111.76.4330 ,reeer e r r -;=' � / st • r nw � J3 � o �` 2 Vo/nnro /// Pppe /83 J4 ate, N_R3 .J5'Z6'W K'.191?�''•/p-f�j No. 9e sJ 101 ! DupAsx Lot SWe s 15, 797t 1. ene".r I` 1 Br/// f p� * �' ^/2,063 63tf � 50"E ,rerfre 2P.12' \ \ \ 4 EGA J• 'i . sl 40 v 0•, t_ �NY NO?'M 4/ En\\� N t { - �yYt E ,,� ., 4t 4t y M 1YV � M (' Qcve t 4 ;yf �R�7Y_ Icy QBe T4•s' lode• Ri nr R0'40 �.A9 •"w.• >s"3 'oT w „ 9 r i1\ A 99•I9',!O" ` rM'd/' S ear R : 120.70' \\ R • Ll9.Jr w . t 6 D ^ 47•PB'/6' \\ 0 • 41. 06'Zo , r T = P6.0/' \ L ' t4t.l4' P/2 et r p7„e/96 DA • e / . /B. 96 eAe. \\ PT2 • at r e4.76'i. 26. 66' \\ h� Summer Woods4 /ales P 9 Common Area 9.89 ocr Duplex Lot &to 0.32 ocres',�'` \ oh Roods, R.O.W. - 1.70 acres Brill Lot Site a 0.26 acres �.►e •.twnr rW/. 3 Total = 12.19 ocfes 9 Gordernwy Associof�s: l „ VWume /42 Pope Moy ro , role I . LOCofion-- rfap i"e zcen'. 0' 25, 50, /00' �Jp' i Bar stole_, r - 50' C. Perkins I VplLew 9C Pope 118 s�9 4,00, ' ,A••,ey z>; ro7o � E, I R. LoBerge ; 4 SJ9e 6 Volume 94 Popes 491-93 , n 'a9• ye /� AupA/ /J, 1970 R ^' VO*ft 163 Pope G29 ✓one Jl0' 9e0 Notes / Fv odditionW de/DJ/s ooncenYng mrside &vadory, , refs• to pA7t ent/t/ed "Ba'ndory Swvey' Summer Woods 9rNet / by Krebs and Lansing ConsWNng Engineers /nc., no. 85/48, bst revised hby 25, 1989. 2 Location and buddino type shown on Dug/ex Lot Site and ` Brill Lot Site was obtained from survey stokewl intormct/on and information from the Owner. City of Soulfh BU11*ngton Volwne 94 Pope 43 0ern,rD.r /7, t9e9 1 S �83.35'26"E //O 00'n _ SBS'35'P6'E re+r /79.6P' N/F The Over/oke Day School of Vermonf, Ina d/b/o $ Y The Chl/dren's School Volume 340 Po9e 153 Morcn to, 1993 1! e/S'34"W 50.00�a Richard Terrace _ rMw-r� r.�.nns � . 20440' O Ar• qR�R „ W D` �_pap/a g5Z6 0 N`pQW !ih NO b J. 2 T Shepard Volume 162 Pope 62 Pine Street Legend --- Property Ane / right of way Fence Traverse pant / controt oan/ �V o Iranpipe b be '�[■?e�w "T= RE CE D o Concre/e monument robe sN en �y _�JpL ■ r- : • Non pipe lound ■ concrete monument se/ o CDILu'oted point rJ ; 2 8 1997 . ;fit tells A'r �' ANN inns so, 40, 4/ 14t M orllee Let s/le a tnaLot sft en _ A .An A City of So. Burlington' A" 7 e, /99/ll3 s lve+ eM DeOe/N/en et NN M•MeNer WN L^I Inee WAn / •nYtt �An .116F /tE, /991 AOdN IN/I t1 la, ll, Jy M, ll In s1li F 1 ' beMNr 29' ill/ Add" eNM 1/, tt, is M NM D eon I ! 7 �.K 1'^� T l4 •` Oebeer l9, /Ill/ pnwry ll Its/ AddN enlf� /Q /6 N /n f/M a A~ -ft !6, 31; 3e M ,/ft A •A^ _ P y JdAwrl lt. /99/ Addwv ds, I4. 35 A, wile IAn =f^ ee rA to /990 Inv. A C O E onesYW L :'A' rr.AN aee.+ivnen Design who Site P/on -. p fin Dr.,en ,. .i„ .•. Checked link/II///III - Moods Deb March 12,1990 ,per 83/48.2 - PoG�'en:-Rd. South Burling" - KREBS k CAMS'fRG ttiilCngineen, Intocporatgd 1017atn Stredt Cb11`h��f�t�YC►tilottt OS446 CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record 3ammer bhnd.S D w!oPC T/1'''_ r b. Applicant c. 1 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). rr�Qi rrl i i nn )i S-h uc -C 3RS iM v i d ud 3) Applicant's le option, etc. Id 1. interest in the pr fee simple, u 4) Names of owners of record of all contiguous properties 'Sev C�t-tn(q h o 4 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. no& P 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affects the proposed subdivision, and include the da s of s ch ac ions: 7 Monn i on N m m i. sS i I�n in 1 r. 8) Submit fiv�gLzopies and one reduced copy (8} x 11, 8J x 14 or 11 x 17) of a Sketch plan showing the following information: a) Name and address of the owner of record and applicant. b) Name of owners of record of contiguous properties. c) Date, true north arrow and scale (numerical and graphic). d) Boundaries and area of: 1) all contiguous land belonging to owner of record, and 2) proposed subdivision. e) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. f) Type of, location, and size of existing and proposed streets, structures, utilities, and open space. g) Existing zoning boundaries. h) Existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. i) Location of existing septic systems and wells. j) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. k) All applicable information required for a site plan, as provided in the South Burlington Zoning Regulations, shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned unit development, or planned residential deve opment. -rT-f (Sign tore) applicant or contact person Date ep� 658 3011 ) FROM : CGPM & Steven Bub)lj & Co PHONE NO. : 802 658 ..all P01 -W-0-7-- C>93_� SUMMER WOODS Summary Of Owners And Renters UNIT OWNER TELEPHONE RESIDENT TELEPHONE 002 Russell & Carol -Fox 660-8588 Russell & Carol Fox Joseph and Heather Halko 660-8588 863-1088 004 Joseph and Heather Halko 863-1088 658-4902 William F. Walker 658-4902 006 William F. Walker 008 Mark & Taryn Austin 865-9297 Mark & Taryn Austin 865-9297 009 William & Marion Green 660-4745 William & Marion Green 660-4745 010 Sidney M. Alekman 860-7458 Sidney M. Alekman 860-7458 865-4611 011 Bryan & Vicki Gilwee 865-4611 Bryan & Vicki Gilwee 012 Virginia Soffa Dennis/Susan Laidlaw 862-4293 014 John J. Rao, 111 862-4293 John J. Rao, III 015 Kyle & Pamela Dubrul Kyle & Pamela Dubrul 3475 865-4132 01.6 Beverly & Ben Thurber 586-9634 O'briens 862-13 017 Helga Wheeler 862-4132 Helga Wheeler 860-7259 018 Karen C. Johnson 860-7259 Karen C. Johnson Elizabeth R. Wood 660-8510 020 Elizabeth R. Wood 660-8518 863-9104 Judy Cohen 863-9104 022 024 Judy Cohen J Templeton C Johnson 658-2355 J Templeton C Johnson 658-2355 026 Thomas & Lisa Lounsbury 862-5584 Thomas & Lisa Lounsbury 862-5584 028 Renee Comeau 660-2732 Renee Comeau 660-2732 860-1546 030 Alan Holcomb 860-1546 Alan Holcomb 863-6814 032 Sue Crowley 863-6814 sue Crowley 658-2150 034 Linda Carroll 658-2150 Linda Carroll 660-0900 036 Nicholas J Bonanno 660-0900 Nicholas J Bonanno 864-4815 038 Peter & Michele Glass 864-4815 Peter & Michele Glass 040 David Bridges 865-4864 David Bridges 865-4864 02L M. Athanas & W. Zabiloski 862-373'1 M. Athanas & W. Zabiloski 862-3737 04L Matt/Christianne Allison Matt/Christianne Allison 06L Paula Fives -Taylor 863-6043 Paula Fives -Taylor 863-6043 08L dead Nekola 863-2742 Jean Nekola 863-2742 862-7554 10L Judith Houghton 862-7554 Judith Houghton 12L Linda Hartley 864-9994 Linda Hartley 864--9994 14L Barbara & William Leamy 863-1547 Barbara & William Leamy 863-1547 16L James & Pat O'Brien 985-2323 John/Patricia Oleszkiewiz 18L Frederic Stone 985-8031 Ingrid Vinlove 660-8135 20L Pamela D Volk 860-2980 Pamela D Volk 860-2980 22L Greg & Nancy Nikel 860-2961 Greg & Nancy Nikel 860-2961 24L Linda Brakel 860-1019 Linda Brrakel 860-1019 26L Linda Botti 865-6850 Linda 130tti 865-6850 28L Johnette Hartnett Johnette HArt_nPrt 30L William & Ruth Rivers 862-3014 Andrew/Bonnie Tangalos 32L Toni Lisman 662-7473 Toni Lisman 862-7473 34L Carolyn Leavitt 862-2197 Carolyn Leavitt 862-2197 36L John & Nancy Ewen 862-1644 John & Nancy Ewen 862-1644 Memorandum - Preliminary Comments August 26, 1997 agenda items August 5, 1993 Page 4 SUMMER WOODS COMMUNITY ASSOCIATION, INC. - 45 LOT SUBDIVISION - SKETCH PLAN --- Section 9.404 of the zoning regulations allows the Planning Commission to modify the setback requirements and maximum building coverage for the proposed small lots. This section does not allow the Planning Commission to modify the maximum lot coverage which will be exceeded since the small lots will be 100% covered. This problem can be resolved by recording three (3) "Notice of Conditions" (one (1) for the original project area and one (1) for each of the duplex lots) indicating that for zoning and planning purposes all the lots are to be treated as one (1) lot. --- the final plat plans should include metes and bounds information for each of the lots (see Section 204.1 (a)(4) of the subdivision regulations). --- lots which are not developed with buildings should be numbered. EDWARD HOEHN - 5 LOT PRD - SKETCH PLAN --- plan should show the restricted and development areas as shown on the SEQ Zoning Map. --- indicate acreages for development and restricted areas. --- lot #2 does not meet the minimum frontage requirement of 170 feet. The Planning Commission may modify this requirement under Section 6.607 of the zoning regulations. --- applicant should submit a report addressing Section 6.606 and 26.151 of the zoning regulations. --- plan should show the C.O. District associated with the seasonal watercourse running north -south across soccer field. --- lot #1 must be at least one (1) acre in area for a bed and breakfast. Staff recommends that the house remain part of the youth camp property since the house will be used as part of the camp. vg� s/,;e/9f PLANNING COMMISSION CITY OF SOUTH BURLINGTON RE: APPLICATION OF PATRICK & TERESE AYER - PARKING AREA EXPANSION This matter came before the South Burlington Planning Commission pursuant to the provisions of Section 26.10 of the South Burlington Zoning Regulations on application of Patrick & Terese Ayer, hereinafter "Applicant" for approval to construct 62 auto storage spaces on a lot containing a 9761 square foot building consisting of 3200 square feet of printing use and 6561 square feet of auto repair and service use, 4 Berard Drive, as depicted on a plan entitled, "Autobahn Body Works, Inc. 4 Berard Drive South Burlington, Vermont Proposed Stgr,age Parking Spaces," prepared by Llewellyn, Inc., dated May 1997. The Applicai4ts representative was present at the public meeting held relative to this application." -Based on evidence submitted at the meeting and as part of the application, the Planning Commission hereby renders the following decision on this application: FINDINGS OF FACT 1. This project consists of constructing 62 auto storage spaces on a lot containing a 9761 square foot building with 3200 square feet of printing use and 6561 square feet of auto repair and service use. This property was last reviewed on 9 / 15 / 92 . 2. This property located at 4 Berard Drive lies within the IC District. It is bounded on the north by undeveloped land, on the east by a restaurant (Pizza Putt) , on the west by a multiple use commercial building, and on the south by Berard Drive. 3. Access/circulation: Access is provided by a 20 foot curb cut on Berard Drive. Applicant has been using the adjacent Pizza Putt property for access to the northeast portion of the building. Approval for this access has never been granted by the Planning Commission and an easement across the Pizza Putt property does not exist. Circulation on the site is adequate. 4. Coverage/setbacks: Building coverage is 10.1% (maximum allowed is 30%) . Overall coverage is 35.9 % ( maximum allowed is 70%) . Front yard coverage is 13.3 % (maximum allowed is 30%) . Setback requirements are met. 5. Parking: A total of 20 spaces are required and 18 spaces will be available including one (1) handicapped space for customers and employees. The 62 space parking area will not be used for customer parking. Staff felt that adequate parking will still be available since these spaces may be available for employees. A bike rack, which is required under Section 26.253(b) of the zoning regulations, is not proposed to be provided. 6. Landscaping: No additional landscaping is required, based on building costs, for this project. A significant landscape buffer is not being proposed around the storage area. Therefore, the storage area will not be screen.,from view from the 1 No Text FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Frank Naef to amend a site plan approved on 3/9/93 and 7/10/90 on two (2) �/ os each containing multiple buildings and multiple uses. The amt dment consists of adding auto sales use to an exising auto repair use, 1906-1908 Airport Parkway. On the 29th day of April, 1997, the South Burlington Planning Commission approved the request of Frank Naef for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of amending a site plan approved on 3/9/93 and 7/10/90 T, �n two (2) lots each containing multiple buildings and multiple' uses. The amendment consists of adding auto sales use to an existing auto repair use. The ZBA on 4/28/97 approved a request from the applicant for a conditional use permit for the proposed use. 2. These properties located at 1906 & 1908 Airport Parkway lie within the IC District. They are bounded on the north by a r.o.w. providing access to 1908 Airport Parkway and an industrial building to the east, on the east by an industrial building, on the south by undeveloped land, and on the west by Airport Parkway. 3. Access/circulation: Access is provided by a 43 foot curb cut (16 feet of this curb cut is on the applicant's property and the remaining 27 feet provides access to a r.o.w.) which serves 1908 and 1890 Airport Parkway. Access is also provided by an 18 foot curb cut serving 1906 and 1908 Airport Parkway. No changes proposed. Circulation on the site is adequate. 4. Coverage/setbacks: 1906 Airport Parkway: Building coverage is 9.6% (maximum allowed is 30%). Overall coverage is 41.8% (maximum allowed is 70%). Front yard coverage is 16% (maximum allowed is 30%). 5. 1908 Airport Parkway: Building coverage is 17.2% (maximum allowed is 30%). Overall coverage is 62% (maximum allowed is 70%). Front yard coverage is 30.3% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. 6. Building "B" and "D" do not meet the front yard setback requirements and building "E" does not meet the side yard setback requirement. These buildings are noncomplying structures subject to the limitations of Section 26.002 of the zoning regulations. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7956 April 23, 1997 Ellen A. Hall 13 Topsfield Road Roxford, Massachusetts 01921 Re: Subdivision of Unit #20, Summer Woods Dear Ms. Hall: ZONING ADMINISTRATOR 658-7958 We have just received a copy of your State Subdivision Permit #EC- 4-1736-1 to subdivide the footprint of Unit #20 from the remaining lands. Please be advised that subdivision approval must also be obtained from the City of South Burlington. Please contact me at your earliest convenience so I may explain the subdivision review process. Thank you for your anticipated cooperation. RJB/mcp SinceFaly, Raymond J. Belair, Zoning and Planning Assistant C P (IQ. ci A/M�0 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 23, 1997 Douglas Taylor 24 Arbor Road - Unit 12 South Burlington, Vermont 05403 Re: Subdivision of Unit #12, Summer Woods Dear Mr. Taylor: ZONING ADMINISTRATOR 658-7958 We have just received a copy of your State Subdivision Permit #EC- 4-1736-2 to subdivide the footprint of Unit #12 from the remaining lands. Please be advised that subdivision approval must also be obtained from the City of South Burlington. Please contact me at your earliest convenience so I may explain the subdivision review process. Thank you for your anticipated cooperation. Sincetbly, R mdnd J. Belair, Y Zoning and Planning Assistant RJB/mcp State of Vermont SUBDIVISION PERMIT VS/REG __, vULVED Environ .mental Protection Rules Effective August 8, 1996 Case Number- EC-4-1736-2 PIN- EJ96-0648 Applicant: Douglas Taylor Address: -14 Arbor Road - Unit 12 *--,o. Burlington, VT 05402 This project. oc"nsisting subdividing the footprint of Unit 912 from the remaining lands of the project known as Sumer Woods located off Arbor Road, in the City of South Burlington, Vermont is hereby appro%mod under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. This permit does not relieve the permittee from obtaining all other approvals and permits as mad• be required from the Act 250 District Environmental Commission, the Department of Labor and Industry -phone (802) 828-2106 or (802) 658-2199, the Vermont Department ofHh - phone (802) 863-7220, and local officials prior to proceeding with this project. 2. The pro4ect shall be completed as shown on the plans 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. Each pgospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The editions of this permit shall run with the land and will be binding upon and enforceable aaainrz the permittee and all assigns and successors in interest. The permittee shall be respoble for the recording of this permit and the "Notice of Permit Recording" in the City of S.. -hh Burlington Land Records within 30 days of issuance of this permit and prior to the cont:e-�,ance of any lot subject to the jurisdiction of this permit. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall becomes permittee and be subject to compliance with the terms and conditions of this permit. Subdivision Permit EC-4-1736- PaQe 2 6. This rcoject has been reviewed and is approved with an existing three bedroom, single family re:�tmce on the approved lot. No other buildings are allowed without prior review and ap.-al by the Agency, and such approval will not be granted unless the proposal conforms to �c applicable laws and regulations. 7. All cz�oditions set forth in Water Supply & Wastewater Disposal Permit 9 WW-4-0106 shall rem in effect except as modified or amended herein. Dated at Ezsz�x Junction, Vermont on this 8th day of April, 1997. Canute E. Dalmasse, Commissioner Department of Environmental Conservation — Jessanne Wym" Assistant Regional Engineer c Fo- Record SeF_=_ Burlington Planning Commission & Selectboard LZ' Supply Division Ate_ Coordinator - Louis Borie Lb---, _ Portnow State of Vermont Department of Fish arc ntn_life Department of Forest= =�Frcs and Recreation Department of Enviro^—>_`3i Conservation State Geologist April 7, 1997 Douglas Taylor 24 Arbor Road Unit 12 South Burlington VT i=-_5_103 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office I I I West Street Essex Junction, VT 05452 (802) 879-5656 Subject: EC-4-1736- . Summer Woods --Create subdivision with footprint of Unit # 12 26' x 42' mun w/s located on Arbor Roac = South Burlington, Vermont Dear Applicant: We have received vc1cr application and fee paid by check 45237 on April 4, 1997, which begins the 30 day in-house performance standarY for our review. If we require further information from you to make a decision, the time until we receive it is not included in E-ne ui-house performance standards. If you have any quest= about the review process, or if you have not received a decision on your application within the 30 in-house days. plea_sz c:--witact this office at (802) 879-5656. We have for —warded, cr - application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments ycc s�iould contact about additional permits you may need. If you have not already done so, you should also check with town offy_— +� about any necessary town permits. Sincerely_ 4rne L. Roberge Administrative Secr� Cit<- of Sou' Burlington Planning Commission -" OF NA �11- .._SOURCES RON ) SCAPD (ACT 250) -J� PROJECT REVIEW SHEET THIS IS ': -�T A P=Rt: IT -AuacIA1�7rdA) PIN O':•NER C= ---- SATE: j APPLICANT OR REFRcjCt:TATiVE 6 " R G - `AYLOpQ LESS a �t, (c off, (.Itli7 11 - 7 S- :-.DDRE y/y47 a prc;ec; -.vas , a _:acttLracts c. a ._ _ _ _ _ iccated cn A✓z6e<2 12 c(. T p;c =ct is dcSC�`' t;.-C rct^� N'f rE < �, a ,q S r--a7r- F 21 D F u rll a A jr S u w, tM IE 4 w o dr4 S al d o�14'uG'E Iry i'x�itt, -!.r"01000U'CO 1 Izy wM-c(-DioG NUk)rC104C 1,0147C41 SfujCk� VC679(-/ 71 PERf•;ITS NEEDED ;:RC',, Ti E STPIIC T rN:llROti`,:ENT L O =:C= 1 P :CR TO OF CONIS T RUC T :ONt .. ..CT __:: =—a � .iUR1SDICTiC1„.- i:ilC:• BASED UPON' AV,,.ILABLE i..:ORMATiC:.- -,?:Y ,:OTir- :-A RiY OR BEST=3 =_?_ _ ..ti r-cCTED 8'f -...E C.UTCO'..- ?PEr^ _ S C= —= k r_ C: TH:S CP!:.;0: (13 ..S.r SEC. 3 (C)). ! ene.� cf n�.�cr�prov_d d�S REQUIRED, S 1:C ter= s _ ;,TE f ADDRESS {ti Di: i C?=N l__ 1 i i NN 5+ S'i"T= is -__yam !7ict Cocrdinz,er telephone 8 7 9 - F 5 F �t(A`y - 2. WAS i E- :rT—E'R. lk ,AL1GEMENT DMSION REGIONAL OFFICE PERMfT/APPROVAL REQUIRED -- YES No - Vf Scr,-f� ='Wts ewater Disposal '--Subdivsion Wor Exemption Deferral of Subdivision TaYT�----.-=4T--aiv--Campground NtotAe Home Park Sewer Extension REGiO.L-i T .-SSIGNED: i - - AGENCY OF NATURAL Rt SOURCES DEPL OF ENVIRONMENTAL CONSERVATIOi SIGt1ATif?,- r - h�i /�� DATE q17 ADDRESS. III VIEST STREET Assistance Division ` ESSEX JUNCTION. VT 05452 V,astL-� Ltamgement Division Telephone_ f 8 O 2) 8 7 c) -56 5 6 THIS IS A PRa-RAh:A-FZY, NON -BINDING DETERMINATION REGARDING OTHER PERMITS WHICH YOU MAY NEED PrF R TO =-UMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS NDICAT-__D- 3_ WAS i :A ; i c=_ Y.,r-'I AGEMENT DP SION, ANR (802-2413322) Contact —pe emir- P-t&eatment permits; industrial, muniapJ Stormwater permits (state and federal) Inv: _' = Residual management s:udge disposal ETHER PERMITS YOU MAY NEED: (Continue 4. AIR POLLUTION CO`, ROL DIVISION, ANJR (802-2413840) Contact: ' Construcborimod4x,-_,a-i of source Waste oil burning Open Burning Furnace Boiler Cor er ,ar /lnstallation Industrial Process Air Emissions Diesel Engines (> 200 bHP) 5. WATER SUPPLY DI`JI&C,-:. ANR (802-24134,00) Contact: Undergroune inje~c:=cntrol (Floor Drains) Well head protection areas Constru&tcn Perms er system improvements Permit to operate Bottled Water New Source 3. WATER QUALITY DIVIS-C,N. ANR Contact: Hydroele-ctric Proje•— 1-3770) Use of chemicals in State waters(241-3777) Shoreland encroac^:+-,F_--,t (241-3777) Aquatic nuisance control (241-3777) Wetlands (24 ; -3T_' Section 401 Water Quality Certificate; (241-3770) Stream A-,eration (74:-=787/786-5906) Water Withdrawal (241-3770) ►. WASTE MANAGEMEf.; D74SION, ANR Contact: Hazardous waste tre.--..:ent, storage, disposal facility certificate (241-3588) Underground Storage Tanks (241-3888) Hazardous vwaste K d=r notification requirement (241-3888) Asbestos Disposal (241-3444) Lined lancZs.- V ans:s s:ztJons, recycling facilities, drop off (241-3444) Composting Facilities (241-3444) Disposal of inert v.asz_ntreated wood & stumps (241-3444) HW transporter certificate (241-3888) 1. FACILITIES ENGINEERING DMSION, ANR (802-2413737) Contact: Dam operat�sns 500,000 cu. ft)(241-3451) State funde - --;er/sewer extensionslupgrades (241-3737) 1. POLLUTION PR=VE;.7G'. HOTUNE (1-800-974-9559) RECYCLING HOTLINE (1-800-932-7100) 0. DEPARTMENT 0= FIS" & WILDLIFE, ANR (802-2413700) Contact:_ Nongame a-_. -_age program (Threatened & Endangered Species) Stream Ow _ c-n -__- v a I 1. DEPARTMENT OF L A_= R AND INDUSTRY (802-828-2106) or District Office# Construct_n Per, _: _ prevention, electrical, plumbing, access Boilers and pressure vessels Storage cf, rar- a _ids, explosives LP Gas Storage Plumbing in res:den e� _erved by public water/sewer with 10 or more customers 2. DEPARTMENT OF (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodc:r_, �ake od processors Program for asbestos control & lead certification Children's ca- Hot Tub Installation & Inspection - Commercial 3. AGENCY OF HU :A1: -S==`.9CES Contact: Child care ;acs__-_t�s (2_ -2158) Residential care homes (241-2345) (Dept of Aging & Disabilities) Nursing Hc.^w (2-'-=_--) Therapeutic Community Residence (241-2345) 4. AGENCY OF TP ANSP =_7ATION Contact: Access to state hig` ..-•: (residential, commercial) (828-2653) Junkyards (828-2049) Signs (Tra•w- 1-forma-c Council) (828-2651) Railroad crossings (828-2760) Development vs min 5�_C cf a limited access highway (828-2653) Airports and landing strips (828-2833) _ Construct:cn -.% _ni n s--= Highway right -of way (Utilities, Signs, etc.) (828-2653) S. DEPARTMENT OF AG= CJLTURE Contact: Uselsalecf:w_cide` =_°-2431) Slaughterhouses, poultry pfocessing(828-2426) _ Milk process:-,:: facZz-_ ?28-2433) Animal shelters/kennels/livestock dealers (828-2421) Golf courses (52E�-2-_ - Weights and measures, Gas Pumps, Scales (828-2436)-- _ Green How�a':urr .�_ ;328-2431) Retail Sales/Milk/Meat/Pouttry/Oleo/Class "C" Pesticides (828-2436) S. PUBLIC SERVICE BOA (802-828-2358) Hydro projects Sells water to 1 or more persons 7. DIVISION FOR HISTORIC ?RESERVATION (802-8283226) Historic buildings Archeological sites B. DEPARTMENT OF UQCCR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 9. SECRETARY OF STATE 1-802-828-2366) _ Business registration Professional Boards (1-800-439-8683) 3. DEPARTMENT OF TAX (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 1_ ,DEPARTMENT OF MOTC R VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste Z. LOCAL PERMITS (SEE _�iR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 3. FEDERAL PERMITS U 5 =RMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) 11. AGiER1CANS V'.i ii H DIS:-_::-1JTIES ACT i. OTHER: EV1S10N DATE: 3197 f State of Vermont �,- SUBDIVISION PERMIT Case ;: EC-4-1736-1 LAWS/REGULATIONS INVOLVED PIN : EJ96-0648 Environmental Protection Rules Applicant: Ellen A. Hall Effective August 8, 1996 Address: 24 Topsfield Road Roxford, MA 01921 This project, consisting of subdividing the footprint of Unit #720 from the remaining lands of the project known as Summer Woods located off Larch Road in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4C0794. 1. The project shall be completed as shown on the plans 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. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 3. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. This project has been reviewed and is approved for the existing two bedroom single family residence on the approved lot. Subdivision Permit EC-4-1736-1 Page 2 5. All conditions set forth in Water Supply and Wastewater Disposal Permit #WW-4-0106 shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont this 18th day of November, 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 Wick & Maddocks Attorneys at Law crn ded in Vol. ied�7 r 0° page_ �5o 6. 55 !;Irrlington l.ano .._,or `Pti Margaret A Pic,ard, City C►v� WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS THAT I, ELLEN H. ADAMS (f/k/a ELLEN A. HALL) of Boxford, County of Essex and Commonwealth of Massachusetts, Grantor, in the consideration of TEN AND MORE Dollars paid to my full satisfaction by LINDA J. HARTLEY of South Burlington, County of Chittenden and State of Vermont, Grantee, by these presents, do freely GIVE, GRANT, BELL, CONVEY AND CONFIRM unto the said Grantee, LINDA J. HARTLEY, and her heirs and assigns forever, a certain piece of land in South Burlington, `County of Chittenden and' -State of Vermont, describel as follows, viz: Being all and the same land and premises conveyed to Ellen A. Hall by Warranty Deed of Summer Woods Associates, Inc. dated January 3, 1992 and recorded in Volume 316, Pages 334-336 of the City of South Bl- lington Land Records, and being -more particularly describ A" {.herein, in part, as follows: "Unit No. 20, and the land thereundor, of the Summer Woods Planned Community situated on Patchen Road, South Burlington, Vermont, which planned community was established by Declaration of the within Grantor dated April 20, 1990 and recorded in Volume 292 at Page 492 of the City of South Burlington Land Records, and any amendments thereto, along with one membership in the Summer Woods Community Association, Inc. which shall be deemed appurtenant to and non -severable from the Unit conveyed herein. The Summer Woods Planned Community, and the Unit herein conveyed, are depicted on a plan entitled 'Site Plan -Summer Woods Planned Community-Patchen Rd, South Burlington, Vermont' by Krebs & Lansing Consulting Engineers, Inc., dated March 12, 1990, last revised October 29, 1991, and recorded in Map Volume at Page of said Land Records. The conveyance herein includes a rict.t of way for ingress and egress,,%n"common with others, over Arbor Road and Larch Road, as depicted on the aforementioned Plan, until such time as Arbor Road and Larch Road are accepted by the City of South Burlington as public streets. The land and premises herein conveyed •.ire subject to, and have the benefit of the covenants, restril tjons, easements, rights, privileges, duties, obligations a-,' provisions set forth in the following: 1. The aforementioned Declaration, and any amendments thereto including, but not limited to, the Development Rights of the within Grantor, and its successors and assigns, to incorporate Additional Units, Additional Improvements and Common Elements into the Summer Woods.Planned Community. 2. The By -Laws of the Summer Woods Community Association, Inc. which are attached to the Declaration As Exhibit C, and any amendments thereto. 3. Land Use Permit No. 4CO794 recorded in Volume 281 at Pages 59-63, and any amendments thereto. WICK 6, MADDOCKS ATTORNEYS AT LAW 30E COLLEGE STREET o n - 1 16 4. Easement Deed from William R. Shearer to Vermont Gas 1 All I 1--f' Systems, Inc., dated July 20, 1989 and recorded in Volume 281 at Page 500 of said Land Records. 5. Easement Deed from Summer Woods Associates, Inc. to Green Mountain Power Corporation and New England Telephone & Telegraph Company, dated August 14, 1989 and recorded in Volume 287 at Page 174 of said Land Records. 6. Irrevocable Offer of Dedication of Summer Woods Associates, Inc. to City of South Burlington, dated July 20, 1989 (by this Offer, Arbor Road, Larch Road, a pedestrian easement and drainage easements are dedicated to the City of South Burlington, and such offers of dedication may be accepted by the City at any time). By acceptance and recordation of this Deed, the Grantee irrevocably consents to the within Grantor's absolute and exclusive right to amend the Declaration, pursuant to Article II thereof, to incorporate Additional Units, Additional Improvements and Common Elements in the Summer Woods Planned Community. The Grantee further acknowledges that the incorporation of Additional Units in the Planned Community will result in additional memberships in the Summer Woods Community Association, Inc., which owns and manages the Common Elements of the Community. 1 Reference is hereby made to the aforementioned instruments and i to the deeds and records therein referred to, all in further aid of this description." This property is not the homestead premises of the Grantor herein. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, LINDA J. HARTLEY, her heirs and assigns, to their own use and behoof forever; And I the said Grantor, ELLEN H. ADAMS, for myself and my heirs, executors and administrators, do covenant with the said Grantee, LINDA J. HARTLEY, her heirs and assigns that until the ensealing of these presents I am the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERZ ENCUMBRANCE: except as aforesaid; And I hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. A IN WITNESS WHEREOF, I hereunto set my hand and seal this 9 day of October, A.D. 1996. IN PRESENCE OF l / ' 1 Ja e L. Wick Ellen H. dam , by ames H. Wick, Her Attorney -in -Fact W WICK & MADDOCKS A ATTORNEYS AT LAW it 306 COLLEGE STREET 2 - STATE OF VERMONT COUNTY OF CHITTE NDEN, SS. At Burlington-, _Vermont this day of October, A.D. 1996 JAMES H. WICK, Attorney- in -Fact for ELLEN H. ADAMS, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of ELLEN H. ADAMS. Bef ore me Lne Wick WICK MADDOCKS ATTORNEYS AT LAW State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules EfTective August 8, 1996 Case Number: EC-4-1736-3 PIN: EJ96-0648 Applicant: Nicholas J. Bonnano Address: 36Arbor Road, Unit 435 South Btarlington, VT 05403 This project, consisting of subdividing footprint of Unit 435 from the remaining lands of the project known as SU11111ter Woods located off Arbor Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the followin-r conditions. This permit does not constitute Act 250 approval under Case Ntimber 4C0794. ! . 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, the Department of Labor and lndtlstry -phone (802) 828-2106 or (802 658-2199, the Vermont Department of Health - phone (802) 863-8220, and local officials RLior to proceeding with this project 2 The project shall be completed as shown oil the plans which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval front the Wastewater Management Division. Each �. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of, Permit Recordin," in the City of South Berlin<,ton Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. In -the event of a transfer of ownership (partial or whole) of tllis Project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. Subdivision Permit EC-4-1736- Page 2 6. This project has been reviewed and is approved with an existing three bedroom, single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. All conditions set forth in Water Supply and Wastewater Disposal Permit 4WW-4-0106 shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont on this 16th day of July; 1997. Canute E. Dalmasse, Commissioner Department of Environmental Conservation Ernest P. Christianson Regional Engineer c South Burlington Planning Commission R Seleetboard Water Supply Division Act 250 Coordinator - LOUIS Borie Marc Wiener, Esq. I State of Vermont SUBDIViSION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1736-3 PIN: EJ96-0648 Applicant: Nicholas J. Bonnano Address: 36Arbor Road, Unit #35 South Burlington, VT 0.540.3 This project, consisting of subdividing footprint of Unit 935 from the remaining lands of the project known as Summer Woods located off Arbor Road, in the City of SoLrth Burlington, Vermont is hereby approved tinder the requirements of the regulations named above, subject to the followinit conditions. This permit does not constitute Act 250 approval under Case Number 4C0794. This permit does not relieve the permittee from obtaining all other approvals and permits as may be i'eilUired from the Act 250 District Environmental Commission, the Department of Labor and lndustry -phone (802) 828-2106 or (802 658-2199, the Vermont Department of Health - phone (802) 863-8220, and local officials rior to proceeding with this project. 2. The project shall be completed as shown. on the plans 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. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions ofthis permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording, of this permit and the "Notice of Permit Recordin`-y" in the City of South Burlin`,Iton Land Records within 30 days of issuance of this permit and prior to the conveyance of anv lot subject to the jurisdiction of this permit. 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 Subdivision Permit EC-4-17i6- Page 2 6. This project has been reviewed and is appro�,ed with an existing three bedroom, single family residence on the approved lot. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 7. .All conditions set forth in Water Supply and Waste"titer Disposal Permit 4WW-4-0106 shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont on this l6th day of July, 1997 Canute E. Dalmasse. Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer c South Burlington Planning Commission R Selectboard Water Supply Division Act 250 Coordinator - Louis Bone Marc Wiener, Esq.. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 5, 1997 Robert Perry, Esquire P.O. Box 2323 South Burlington, Vermont 05407 Re: Summer Woods, Footprint Lots Subdivision Dear Mr. Perry: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, August 15, 1997. If you have any questions, please give me a call. RJB/mcp Encls i Sinc %ely, Raymond J. Belair, Zoning and Planning Assistant M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: August 26, 1997 Agenda Items Date: August 1, 1997 LOCAL 300 REALTY CORPORATION - GREGORY DRIVE Site plan prepared by Champlain Consulting Engineers dated 7/21/97 is acceptable. TENNIS AND YOUTH CAMP - HOEHN PROPERTY - DORSET STREET 1. There is no municipal water and sewer system serving this property. 2. I see no need for another driveway (road opening) to serve this property. 3. Final plan shall include existing and proposed contours. HOWARD JOHNSON'S - DORSET STREET Final plan shall include existing and proposed contours. WRIGHT - MORRISSEY BUILDING - 550 HINESBURG ROAD Site plan received 7/24/97 prepared by Civil Engineering Associates is acceptable. SUMMER WOODS - PATCHEN ROAD Site plan received June 23, 1997 prepared by Krebs & Lansing is acceptable. M E M O R A N D U M To: Joe Weith, South Burlington City Planner From: South Burlington Fire Department Re: Plans Reviewed for August 26, 1997 agenda Date: August 1, 1997 1) 2) 3) 4) 5) 6) 7) Local 300 Realty Corporation Dated 7/21/97 3 Gregory Drive Acceptable John Larkin - Howard Johnson's Dated 7/22/97 1 Dorset Street Access to the rear of the expanded buildings should be improved. The walk next to the outdoor pool should be widened to 20 feet with a sub -base capable of supporting 75,000 pounds. Ted Hoehn - Youth Camp Dated 7/22/97 1700 Dorset Street Access should be provided to the soccer field for fire truck and rescue vehicles. HFB Realty Partnership Dated 7/24/97 550 Hinesburg Road The Fire Lane access should be maintained. There have been past problems with too many vehicles parked on the property. Summer Woods Arbor Road Acceptable Eric & Suzanne Martin 380 White Street Dated 7/28/97 Dated 7/29/97 Turnaround on lot #4 is not adequate for parking and the turnaround of emergency vehicles. Dorset Holdings Dated 7/29/97 345 Dorset Street The words "Fire Lane" should be painted on the pavement along the westerly edge of the paved area south of the parallel parking spaces. M E M O R A N D U M To: Joe Weith, South Burlington City Planner From: South Burlington Fire Department Re: Plans Reviewed for August 26, 1997 agenda Date: August 1, 1997 1) Local 300 Realty Corporation Dated 7/21/97 3 Gregory Drive Acceptable 2) John Larkin - Howard Johnson's Dated 7/22/97 1 Dorset Street Access to the rear of the expanded buildings should be improved. The walk next to the outdoor pool should be widened to 20 feet with a sub -base capable of supporting 75,000 pounds. 3) Ted Hoehn - Youth Camp Dated 7/22/97 1700 Dorset Street Access should be provided to the soccer field for fire truck and rescue vehicles. 4) HFB Realty Partnership Dated 7/24/97 550 Hinesburg Road The Fire Lane access should be maintained. There have been past problems with too many vehicles parked on the property. 5) Summer Woods Dated 7/28/97 Arbor Road Acceptable 6) Eric & Suzanne Martin Dated 7/29/97 380 White Street Turnaround on lot #4 is not adequate for parking and the turnaround of emergency vehicles. 7) Dorset Holdings Dated 7/29/97 345 Dorset Street The words "Fire Lane" should be painted on the pavement along the westerly edge of the paved area south of the parallel parking spaces. M E M O R A N D U M To: Joe Weith, South Burlington City Planner From: South Burlington Fire Department Re: Plans Reviewed for August 26, 1997 agenda Date: August 1, 1997 1) Local 300 Realty Corporation Dated 7/21/97 3 Gregory Drive Acceptable 2) John Larkin - Howard Johnson's Dated 7/22/97 1 Dorset Street Access to the rear of the expanded buildings should be improved. The walk next to the outdoor pool should be widened to 20 feet with a sub -base capable of supporting 75,000 pounds. 3) Ted Hoehn - Youth Camp Dated 7/22/97 1700 Dorset Street Access should be provided to the soccer field for fire truck and rescue vehicles. 4) HFB Realty Partnership Dated 7/24/97 550 Hinesburg Road The Fire Lane access should be maintained. There have been past problems with too many vehicles parked on the property. 5) Summer Woods Dated 7/28/97 Arbor Road Acceptable 6) Eric & Suzanne Martin Dated 7/29/97 380 White Street Turnaround on lot #4 is not adequate for parking and the turnaround of emergency vehicles. 7) Dorset Holdings Dated 7/29/97 345 Dorset Street The words "Fire Lane" should be painted on the pavement along the westerly edge of the paved area south of the parallel parking spaces. AGENCY OF NATURAL Fy--,OURCES ,;At:R) AND ENVIRONMENTAw')ARD (ACT 250) ( PROJECT REVIEW SHEET THIS ISNOT A PERMIT I - I = DEC PERMITS \ RESP :NSE DATE PENDING APPLICATION # FC y D S T R:CT 114 T OWN 56/i7f/ /3Lt QIJCZWJ PIN # OWNER OF PROJECT SITE: APPUCANT OR REPRESENTATIVE: r:AME:Alle it.AS J , AQ1JAAJA0 NAME. ADDRESS: 3(a Ak&do P • LQt i 3S^ ADDRESS: SOD. /�WU AICTOAJ V7' S t!v 3 TELE=HONE: CpGU - 0 90 d TELEPHONE: _mod on information provided by�1Cllh �. ( Jl>�� 7�k i,U received on /� tr a project was reviewed on a acVtracts :-."!and cf acres, located on 4OA / The project is generally described as: �; A7E F�r/0i21K1 i DF %:UL 3S A isC1 AdlV(S/d/J0 C04k; fv huri-A; A/ AMA) iCA Ay IVUJ -4-U10 �/. AUAJ,C(0A-C W#7Ccot/5�w�rZ '{ Al A4 A, A Cli D d X S rrtir Psr;its From This Ofice: qCO 7 4 �, 6,2 - q-179G . to u) 10 (c PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMNIENCENIENT OF CONSTRUCTION ACT 250: THIS IS A JURISDICTIONAL CPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR "T=RESTED PERSON AFFECTED BY THE OUTCOME '"Y APPEAL TO THE ENVIRO?:MENTAL BOARD (ACT 250) WITHIN 30 1AYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). C=macal, residential or municipal project? Has the landowner subdivided before? ..kN ACT 250 PERMIT IS REQUIRED COMM=NTS: Length of new/improved roads) V hen,`wi•lots YES :C: Copies sent to Statutory Pare:_ Y=S NO ENVIRONMENTAL COMMISSION DISTRICTS #4, 6 & 9 I11 WEST STREET SJG`aATURE: _ DATE 7 %Z��-� ADDRESS (IF D1FFFP=y'T):.ESSEX JUNCTION VT 05452 (- Ll District Coordinator Telephone ) P 7 o - r- s �; ? 2_ WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED AYES NO Water Supply 8t Wastewater Disposal &---'9_ubdvisian 8Jor Exemption Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park Sewer Extension EGIONAL ENGINEER ASSIGNED: SIGNATURE: DATE: / ADDRESS: L� Environmental Assisbnce Division IV Wastewater Management Division Telephone: 2) 8 7 9 _S71 .To AGENCY OF NATURAL RESOURCES DEPT OF ENVIRONMENTAL CONSERVATION III WEST STREET ESSEX JUNCTION, VT 05452 HIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERMITS WHICH YOU MAY TEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS •IDICATED. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-U22) Contact _ Discharge Permit; pretreatment permits; industrial, muni�J Stormwater permit (state and federal) _ Indirect discharge permit Residuals management sludge disposal OTv 2 PERMITS YOU MAY NEED: (Continued) R POLLUTION CONTROL DMSION, ANR t602-241-3M) Contact: Constructiordmodification of source Waste oil burning Open Burning Furnace Boiler ConversiorOnstallation Industrial Process Air Emissions Diesel Engines L 200 bHP) 4TER SUPPLY DMSION, ANR (802-241-3400) _ Underground injection control (Floor Drains) _ Construction Permit, water system improvements 4TER QUALITY DMSION, ANR _ Hydroelectric Projects (241-3770) Shoreland encroachment (241-3777) - Wetlands (241-3770) - Stream Alteration (748-87871786-5906) Contact: Well head protection areas Bottled Water Permit to operate New Source Contact: Use of chemicals in State waters(241-3777) Aquatic nuisance control (241-3777) Section 401 Water Quality Certificate; (241-3770) Water Withdrawal (241-3770) 4STE MANAGEMENT DMSION, ANR Contact: - Hazardous waste treatment, storage, disposal facility certificate (241-3888) _ Hazardous waste handler notification requirement (241-3888) _ Lined landfills; transfer stations, recycling facilities, drop off (241-3444) _ Disposal of inert waste, untreated wood & stumps (241-3444) ,CILITIES ENGINEERING DMSION, ANR (802-241-3737) Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal waterisewer extensionslupgrades (241-3737) Underground Storage Tanks (241-3888) Asbestos Disposal (241-3444) Composting Facilities (241-3444) HW transporter certificate (241-3888) )LLUTION PREVENTION HOTLINE (1-800-974-9559) RECYCLING HOTLINE (1-800-932-7100) EPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval EPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# . Construction Permit fire prevention, electrical, plumbing, access Boilers and pressure vessels Storage of flammable liquids, explosives LP Gas Storage . Plumbing in residences served by public water/sewer with 10 or more customers EPARTMENT OF HEALTH (800-439-8550 in VT) (802-i863-7221) (Lab 800-660-9997) Contact: . Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial SENCY OF HUMAN SERVICES Child care facilities (241-2158) Nursing Homes (241-2345) Contact: Residential care homes (241-2345) (Dept. of Aging & Disabilities) Therapeutic Community Residence (241-2345) 3ENCY 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, Signs, etc.) (828-2653) PARTMENT OF AGRICULTURE Use/sale of pesticides (828-2431) Milk processing facilities (828-2433) Goff courses (828-2431) Green Houses/Nurseries (828-2431) Junkyards (828-2049) Railroad crossings (828-2760) Airports and landing strips (828-2833) Contact: Slaughter houses, poultry- processing (828-2426) Animal shefters/kenhels/livestock dealers (828-2421) Weights and measures, Gas Pumps, Scales (828-243&)°- Retail Sales/Milk/Meat/Poultry/Oleo/Class "C" Pesticides (828-2436) JBLIC SERVICE BOARD (802-828-2358) Hydro projects Sells water to 1 or more persons ASION FOR HISTORIC PRESERVATION (802-828-3226) Historic buildings Archeological sites PARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) :CRETARY OF STATE (1-802-828-2366) Business registration Professional Boards (1-800-439-8683) :PARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) :PARTMENT OF MOTOR VEHICLES (802-828-2074j Fuel taxes; commercial vehicle Franchise tax/solid waste )CAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) :DERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) JERICANS WITH DISABILITIES ACT 'HER: ON DATE: 3/97 A6t:NU r Ur wrlr Ur- rLSOURCES (ANR) AND ENVIRONMEI } BOARD (ACT 250) C NLO PROJECT REVIEW SHEET THIS IS NOT A PERMIT TJTr-_ = DcC = cRM,ITS I S _D.-_' E P DISTR;CT T Qtlf SD, PENDING APPLICATION # S-y-' O,t) 3 - PIN #� - O(G OWNER OF PROJECT SITE: APPLICANT OR REPRESENTATIVE: �4- dALC (nk._ Cu-cAi EJ A/JAn4J) NAME: ADDRESS: _7q ADDRESS: Aoxro" ,)"A m/9.z TELEPHONE: (SdX) '?J'7- yq?y TELEPHONE: Based on information provided by on 16111;Z1;6 a project was reviewed on a traCt racts of land of L / acres. located on / g / peE/ . The project is generally described as: Cr&A7e A LOT .4.5 1VZr_1/12iAu7- OF U,U,i daA QF SuK,wAf,Q [uovAf J2En�i4/h/,�clC� AAkcEC tv rsf 9.�9A Prior Permits From This Office: qCd 7 57V, FC-q- /73S- PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. 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 OPIMON (10 V.S.A. SEC. 6007(C)). Commercial, resdential or municipal project? Length of newtmproved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: YES XNO: Copies sent to Statutory Parties: YES NO COMMENTS ENVIRONMENTAL CSSii0A1 'DtSTFMM #t4. H. & 9 SIGNATURE: DATE: A DR S/ IF DIFFERENT):�'i _ I snlc `r (fssistaft� District Coordinator Telephon �— U ESSEX JLMK:TM-�p5 S� 2. WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED L 'YES NO Water Supply & Wastewater Disposal `subdivision Wor Exemption Deferral of Subdivision TentlTravel Trailer Campground Mobile Home Park Sewer Extension REGIONAL ENGINEER ASSIGNED: A kNa OF NATURAL RESOURCES SIGNATURE. UK OF ENVIRONMENTAL CONSERVATION DATE10 / ADDRESS: III WEST STREET Environmental Assi tance Division - -Wastewater VT 05452 Wastewater Management Division Telephone: (802) 879-6563 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERMITS YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit: pretreatment permits: industrial. municipal Stormwater permits Indirect discharge permit Residuals management sludge disposal (OVER) tTHER PERMITS YOU MAY NEED: (Continl 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Waste oil burning Open Burning Furnace Boiler Conversiordlnstallation Industrial Process Air Emissions Diesel Engines (? 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-2413400) Underground injection control (Floor Drains) Construction Permit, water system improvements 6. WATER QUALITY DIVISION, ANR Hydroelectric Projects (241-3770) Shoreland encroachment (241-3777) Wetlands (241-3770) Stream Alteration (748-87871786-5906) Contact: Well protection area's Permit to operate Contact: Bottled Water New Source Use of chemicals in State waters(241-3777) Aquatic nuisance control (241-3777) Section 401 Water Quality Certificate; (241-3770) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888) Hazardous waste handler notification requirement (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) 8. FACILITIES ENGINEERING DIVISION, ANR (802-2413737) Con Dam operations (greater than 500.000 cu. fL)(241-3451) Municipal water/sewer Underground Storage Tanks (241-3888) Asbestos Disposal (241-3444) Composting Facilities (241-3444) HW transporter certificate (241-3888) 9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) RECYCLING HOTLINE (1-800-932-7100) 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-2413700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# Construction Permit fire prevention, electrical, plumbing, access Boilers and pressure vessels Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers 12. DEPARTMENT OF HEALTH (800-439-8550) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food proces<ors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care faciftes (241-2158) Residential care homes (241-2345) (Dept of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: ' Access to state highways (residential, commercial) (828-2653) Junkyards (828-2049) Signs (Travel Information Council) (828-2651) • Railroad crossings (828-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Signs, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Use/sale of pesticides (828-2431) Milk processing facilities (828-2433) Goff courses (828-2431) Green Houses/Nurseries (828-2431) Contact: Slaughter houses, poultry processing (828-2426) Animal shelters/kennels/livestock dealers (828-2421) Weights and measures, Gas Pumps, Scales (828-2436) Retail Sales/Milk/Meat/Pouftry/Oleo/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE BOARD (802-828-2358) Hydro projects Sells water to 1 or more persons 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 (1-802-828-2366) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste 6E)L.00AL 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) OTHER: REVISION DATE: 8t23195 KREBS & LANSIN. ` CONSULTING ENGINEERS, INC. 10 Main Street COLCHESTER, VERMONT 05446 (802) 878-0375 TO WE ARE SENDING YOU 'V Attached ❑ Under separate cover via_ ❑ Shop drawings 11� Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ CLCE`1TUC LA) Oo 1F VRIaGv]SATTURL DATE JOB NO. ATTENTION the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION e� 3 .2� - v THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted 4 For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO A� n SIGNED: l PRODUCT 2402 EB$ Inc., DmWn. IWa 014 71. If enclosures are not as noted, kindly notify us at once. CITY OF SOUPSi WRLI%—IUN Subdivision Application - FINAL PLAT 1) Name of Applicant SummerWoods Assoc 40,qZPPd-Hart prop & Wm_ ShParPr) 2) Name of Subdivision SummerWoods 3) Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: Same as submitted 7/28/88 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: Reduction of units to 40; proposed land conveyance and swap will reduce land area to 12.09 acres; both streets to be "city" 5) Submit five copies of a final set of plans consisting of a final plat plus engineering drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit too draft copies of all legal documents required under section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. �/Y (Signature) applicant or contact person Date PUBLIC HE'iW[NG SOUTH w)RL1NGTON PLANNIN(I Ct1`i`I1titi1(�N The South Burlington Planning Commission will hold rt i hearing at. the South Burlington City Hall., Conl•er•en(•e Dorset Street, South Burlington, Vermont on Tuesda.•, Febr•urir— 1, 1989, at 7:30 P.M. to consider the t'olluwing: 1. Preliminary Plat application of Michael Dugan :•)r construction of a 3 unit residential condominium building •;n a 20,900 square foot lot located on the northwest corner of '-r; ; t.e and Charles Street. The property is bounded on the north (2. Martin, on the west by E. Hardin, on the south by White Street and on Lh e east by Charles Street. 2. Amendment to the approved Final Plat application of hiiiLam Shearer for construction of a 52 unit planned residential development on a 15.31 acre parcel located on Patchen Road. 1'he amendment, proposed by Osgood Hart Properties, includes r,he following changes: 1) perform a land swap with the adjoining property owner to the east (J. Brill) resulting in a 15. 1'% a. -re parcel, 2) subdivision of the 15.12 acre parcel into two lots of 14.8 acres and 0.32 acres, and 3) construction of a >S unit planned residential development on the 14.8 acre parcel. The property is bounded on the north by R. Munson and Melria Con.-rete, to the east by J. Brill and T. Sheppard, to the south 'by T. Sheppard, City of South Burlington (Jaycee Park), R. LaBerge. C. Perkins, Gardenway Associates Inc., and R. Precourt, and to the west by E. Lamplough. Copies of the Preliminary Plat and Final Plat amendment ar•e available for public inspection at the South Burlington City Hall. Peter L. Jacob Chairman, South Burlington Planning Commission iy�"; Vim... r S- ' r eal° J �� J KREBS & LANSING CONSULTING ENGINEERS, INC. 10 Main Street COLCHESTER, VERMONT 05446 (802) 878-0375 TO WE ARE SENDING YOU _;;�P(ttached ❑ Under separate cover via_ ❑ Shop drawings Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ L_CEU`T1Eb")Oo F uG3ummuouzu DATE -�3--6 JOB NO. 51 ATTENTION RE: the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION I� l 1 LA �fc 12 -15 -"IS? Co THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ,erlor your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY PRODUCT 240-2 � css Inc., Gmhm, Mass. 01471. SIGNED: \'-' )< If enclosures are not as noted, kindly notify us at once. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 Osgood/Hart Properties c/o The Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summerwoods, Patchen Road Dear Chip: 5V S/..c. W ..- ' January 4, 1989 ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the December 6, 1988 Planning Commission meeting at which an amendment was made to the 11/22/88 minutes. Please call if you have any questions. ,;ncerely, Joe Weith, City Planner JW/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 December 6, 1988 Mr. Chip Hart Osgood/Hart Properties c/o Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summerwoods, Patchen Road Dear Mr. Hart: ZONING ADMINISTRATOR 658-7958 Enclosed are the November 22, 1988 Planning Commission meeting minutes. Please call if you have any questions. Sincerely, Joe Weith, City Planner JW/mcp 1 Encl cc: William Shearer �pc vAkef vvooa_s Z1510 9p Av- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 November, 1 8 , 1988 Mr. Chip Hart Osgood/Hart Proper ties c/o Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summer Woods, Patchen Road Dear Chip: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's }Manning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, November. 22, 1988 at 7:30 P.M. to represent ,your request. Sincerer, Joe Weith, City Planner JW/rt1cp Encls PLANNER 658-7955 City of So lith 11111- 11(fto�n 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 October 21, 1988 Osgood/Hart Properties c/o Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summerwoods Dear Mr. Osgood and Mr. Hart: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also enclosed are Bill Szymanski's and Chief Goddett's comments. Please be sure someone.is present on Tuesday, October 25, 1988 at 7:30 PM to represent your request. Sincerely, Joe Weith City Planner JW/b Encls cc: Mr. William Shearer Osgood -Hart Properties SUMMER WOODS COMPARATIVE APPROVED AMENDED ITEM PLAN _____ PLAN ------- Parking Surface 78 53 Det. Gar. 18 0 Att. Gar. 17 38 Total 113 91 Required 113 82.33 Ratio S/U 2.17 2.39 Roads City 785 660 Private 1070 840 Total 1855 1500 Curb Cuts 6 4 Units Acreage Density 52 15.5 3.35 40 12 3.33 CHANGE 0.22 -125.00 -230.00 -355.00 -2.00 -12.00 -3.50 -0.02 Comp1 8/9/88 CITY OF SOUTH BURLINGTON Subdivision Application - SKLICH PLAN / 1) Name, address, and phone number of: a. Owner of record William Shearer, 1675 Shelburne Road, South Burlington, Vermont 05403 658-1111 b. Applicant Summer Woods Association (Osgood -Hart Properties and William Shearer) c. Contact person John Osgood or Chip Hart 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Located at 159 Patchen Road. Amendment of the plan of approved PUD, subdividing land into 3 parcels; one to be sold to an abutter, one to be the site of 36 attached dwelling units and one to be a residential lot 3) Applicant's legal interest in the property (fee simple, option, etc) Purchase agreement. 4) Names of owners of record of all contiguous properties Shepard, City of South Burlington, M. Jarvis, R. LaBerge, C. Perkins, Gardenway Inc., R. Precourt, E. Lamplough, R_ Munson, Melna Concrete 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Similar to approved PUD. 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Similar to approved PUD. 7) Describe any previous actions taken by the zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include the dates of such actions: Planning Commission approved the final plat October 9, 1987 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Slgnatui c�) �pl.i_cant or contact 1x-r ion dat(, City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 18, 1988 Osgood -Hart Properties c/o The Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summer Woods and 40 Kimball Avenue Dear Mr. Hart and Mr. Osgood: ZONING ADMINISTRATOR 658-7958 Enclosed are the August 9, 1988 Planning Commission meeting minutes. Please call if you have any questions. Sincerely, Joe Weith, City Planner JW/mcp 2 Encl cc: William Shearer � �1N eu�uearoK y � t w b Nt*A rOWN smA PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 5, 1988 Osgood -Hart Properties c/o The Allen AGency 252 College Street Burlington, Vermont 05401 r ZONING ADMINISTRATOR 658-7958 Re: Summerwoods Revised Final Plat and Lot #11, Business Park North Dear Mr. Osgood and Mr. Hart: Enclosed are the agenda items and my comments to the Planning Commission. Also enclosed are Bill Szymanski's and Fire Chief Goddette's comments. Please be sure someone is present on Tuesday, August 9, 1988 at 7:30 P.M. to represent your requests. Sincerely, Joe Weith, City Planner JW/mcp Encls cc: William Shearer M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: October 6, 1987 agenda items Date: October 2, 1987 SUMMER WOODS, PATCHEN ROAD 1. The underground power and telephone lines shall be in an easement along the road rights of way opposite from the side of the water main. 2. A utility plan (electric, telephone,•gas and street lights) shall be submitted for review prior to any construction work. 3. All plans that will be recorded shall include a note to the effect that the road will continue northerly and not remain a dead end. 4. Sewage pumping station shall remain in private ownership. 5. Details of sewage holding tank should be included in the plans. 6. Curbs shall be concrete and so noted in the plans. 7. Sheet no. 6 should be updated to show revisions. 8. A sidewalk should be included along the west side of Patchen Road extending northerly for a distance of approximately 60' to a point in line with the south side of Richard Terrace where a sidewalk is planned. 9. Water Department to review the watermain layout. 10. Engineer Krebs & Lansing shall determine the adequacy of the water service for fire protection to this development. r- M E M O R A N D U M TO: South Burlington Planning Commission FROM: William J. Szymanski, City Manager/Engineer RE: Agenda - October 25, 1988 DATE: October 21, 1988 3) Green Mountain Power Mountain View Blvd. (1) Most of the area is now used as a temporary parking area. The area to the north is a lawn area, well maintained, with a gradual swale. It's a shame to disturb it and construct a three (3) foot deep ditch. The lot can be graded so that it drains gradually to the north and south without the lawn area distrubed. 4) Nowland Estate Spear Street (1) Lots 2 & 3 should access from the future street, at least 100 feet from the intersection. (2) This subdivision will be served by the City sewer system. The design of the sewer collection system will he submitted to the City for review and approval prior to issuance of any building permits. 5) Summer Woods Patchen Woods (1) A 50 foot R.O.W. for a public street is not wide enough. It should be our standard of 60 feet. The sidewalk should be placed along the side which has all the driveways. The sidewalk must be constructed at a uniform grade at an elevation of at least 7 inches above the edge of the road. That means that at each driveway, the driveway has to pitch about 7 inches in 5 feet, that is to steep a grade. Dips in the sidewalk at each driveway are not acceptable. It makes it very difficult to walk on, especially during the winter months, and for older people like Chairman Pete, Mrs. Maher, and myself. (2) The public street maintained by the City will include 20 units. The private street, almost as long, will include 18 units. This division will result in two associations, one with much more maintenance cost than the other especially for snow removal and street repaving. This is due only because of sub -standard street construction and will result in future problems for the City and the residents. (3) Off street parking is a concern. Counting an enclosed garage as a parking space is a mistake. Garages, especially in the summer, are used for every- thing, except parking cars. Also arrangements where one parked car has to be moved before another can get out is not good, as we all know. 0 M E M O R A N D U M r To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: August 9, 1988 agenda items Date: August 5, 1988 2) HART-OSGOOD PARKING LOT, KIMBALL AVENUE 1. The Kimball Avenue sidewalk should be extended across the entire frontage of this parcel. 2. The existing curb cuts along Kimball Avenue should be closed especially if this lot ends up permanent. 3. Depth'of parking lot gravel base material shall be specified, also sand sub -base is necessary. 4. There should be a few trees planted along the front. 3 SUMMER WOODS, PATCHEN ROAD 1. TPhe origina approved plan was a much better plan. This plan lacks parking. It has what appears to be a long private drive with an inadequate turnaround especially for large delivery vehicles. 4) SOUTHEAST SUMMIT, DORSET STREET 1. Going two miles into an undeveloped area with a development, this large is too far. The City should have time to at least. plan for City services mainly water, sewers and street improvements for the area. 2. Dorset Street south of Swift is in very poor condition and has to be rebuilt. It will take the City many ,years to do this under the annual budget process. 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 October 19, 1987 William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Summer Woods, 159 Patchen Road Dear Mr. Shearer: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the October 6, 1987 Planning Commission meeting. Please be sure to record your final plat within 90 days or this approval is null and void. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Friel cc: David Spitz Robert: Krebs 10/1/87 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the Final Plat application of William Shearer for a 52 unit planned unit development on 15.5 acres located at 159 Patchen Road as depicted on a set of plans page 1, entitled "Boundary Survey, Summer Woods, Patchen Road," prepared by Krebs and Lansing Consulting Engineers, Inc., dated 9/18/87, and a landscaping plan entitled "Summer Woods," prepared by Four Seasons Landscape and Design, dated September 30, 1987 with the following stipulations: 1. A landscaping bond of $30,800 shall be posted prior to permit. 2. An intersection improvement fee of $1155. shall be paid to the City prior to permit based on the 22 peak hour trip ends from this development that will use the Williston Road corridor. 3. The developer shall furnish to the City in writing the name of the contractors and/or builders that will be doing the work. This shall be done at least 7 days prior to any construction. In writing, the developer shall submit the name of the architect and/or engineer who will stake out and supervise the construction and upon complet ion of the work, the architect and/or engineer shall certify t at the work is in conformance with the approved plans, stipulations and any other requirements and/or changes that the City requests. 4. Concrete curbs shall be continuous across entrances where it shall be depressed with a 1 1/2 inch reveal. 5. A utility plan showing all underground utilities (electric, gas, telephone) and street lighting shall be submitted to the City for review and approval prior to any construction. The underground lines shall be in an easement along the road rights of way opposite from the side of the water main. 6. The sewage pumping station shall be privately maintained and owned. 7. Plans shall be submitted to the Water Department for review and approval prior to permit. 8. Krebs and Lansing shall determine the adequacy of the water service to this development for fire protection. Results shall be submitted to the City Engineer for approval prior to permit. 9. The recorded plans shall include a note to the effect that the road will continue northerly and not remain a dead end. 10. A gravel wal4way shall be provided to J.C. Park for development residents. 11. A sidewalk shall be constructed along the west side of Patchen Road extending northerly for a distance of approximately 60 feet to a point in line with the south side of Richard Terrace where a sidewalk is planned. 12. Sheet number 6 shall be updated to show revisions. 13. Legal documents for streets including offers of dedication and deeds shall be submitted to and approved by the City Attorney prior to permit. 14. A sewer allocation of 23,400 gpd is granted. The $2.50 per gallon fee shall be paid prior to permit. 15. A City standard street name sign and stop sign shall be installed at the Patchen Road intersection. Street names shall be submitted to the City Planner for approval prior to permit. 16. It is the applicants responsibility to record the final plat with the City Clerk within 90 days or this approval is null and void. It must be approved by the Planner and signed by the Chairman or Clerk prior to recording. UJ<116z— 9 September 29, 1967 David Spitz r:orth Country Planning 15 P'orse Drive Essex Junction, VT 05452 Re: Summer 'goods Project South Durlington, VT Four Seasons Landscape & Design has estimated the landscape budget for the above project at '24,000.00, excluding the street tree planting, which would cost an additional $'6,800.00. The accompanying landscape plan and breakdown will explain the budget. The landscape plan consists of the following phases: 1. Evergreen Screen a. An evergreen tree screen on the western property lines bordering the Melna Concrete and Brill properties. Four Seasons has used a mix of pines due to their adaptability to light sandy soils, The numbers (33) are based on a fifteen foot spacing with the initial height of the trees at 6'-7'. The existing vegetation should be more than adequate on all other frontages, with the exception of: b. A Dark American Arborvitae (Thuya occidentalis nigra)hedge on the south side of the Brill property. The plants would be 51- ' in height initially, and would be spaced 5' on center. Arborvitaes were selected due to their upright habit in a limited area, and the fact that they could be kept in - check by pruning as they reached maturity. The hedge is 270 linear feet, re- quiring 54 plants. 2. Foundation Planting a. Consists of a mixture of shade tolerant plants. Their sizes and numbers are indicated on the site plan. 3. Shade Trees a. Flowering Crabapples - consists of 14 trees at a 2"-211 caliper to be located in and around the parking lots and housing units that do not irmiediately border the street. The two varieties selected were done so for their disease resistance. b. Green fish - consists of 17 trees at a 3"-3Z" caliper. They are spaced at a distance of 60' on center and allow for a 20'-30' distance from the driveway entrances. The trees would be located on the right of way (R.O."J.) line on the north side of the street. On the south side of the road, the trees would be located between the curb and sidewalk within the R.O.M.. A wa.+:ce.aasa+-ar+�.w.a+arw .®wsemsa vAtwwrr�c.•:wa,•,r�a. ..,:�r:+'+e...v ,nnrmr. �/ +. j * f 1; �1 m-+eua. � .... .o au wa_ � r..w �:eci.�.�awx �.�n,, r+rr nuzr .,, +r .. ...Ar,[.5,�./� E'� RC,;iU Cost Sunmia „E Type Size Each L'xtention 33 'ahite and Red Pine 6'-7' ht. :140.00 4,620.00 54 Dark American Arborvitae 5'-6, ht. W 80.00 4,320.00 14 Flowering Crabapple 2t1-2�" cal. 1210.00 2 140.OG -- Foundation Plantings (see site plan ) o12,120.00 17 Green Ash 311-3�" cal $ 400.00 u 6,800.00 The above prices includes all labor, materials and equpment to furnish and install the specified plant material. If you have any questions, please contact me. Sincerely, Scott H. Tower Four Seasons Landscape & Design SHT/abt City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658.7955 June 23, 1988 Lou Borie District Corodinator AEC 111 West Street Essex Junction, Vermont 05453 ZONING ADMINISTRATOR 658.7958 Re: Shearer Planned Unit Development - Summer Woods, Patchen Road Dear Mr. Borie: The City of South Burlington approved the development of 52 units at 159 Patchen Road. This development conforms with the 1985 Comprehensive Plan. A sewer allocation of 23,400 gallons per day was granted. There is adequate capacity at the Airport Parkway Sewage Treatment Plant. The $2.50 per gallon fee must be paid prior to permit. Sincerely, i Jane B. Lafleur, City Planner JBL/mcp cc: William J. Szymanski Susan Hilton City ()f Smith I3tirlington WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON, VERMONT 05403 TEL. 864-4361 June 22, 1988 Ms. Susan Hilton Summer Woods Assoc. P.O. Box 1037 Waitsfield, Vermont 05673 RE: Summer Woods - Patchen Road Dear Sir, The above referenced project with an estimated daily demand of 23,400 gallons for domestic use will not place a burden on or hamper the South Burlington Water Department from providing service to its existing customers. The results of a fire flow test conducted in July 1987 by Department personnel on Patchen Road at Richard Terrace are as follows: Static (psi) Residual (psi) Discharge (gpm) 75 34 980 Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Susan A. Messina Superintendent cc: Kris Khatri Bill Szymanski Jane Lafleur,, �j�Z3��sG' 7) ) � 1-2, y City (>f "--4)11th Btlrlingi.on WATER DEPARTMENT 403 QUEEN CITY PARK ROAD ';OIJTFI PURI._INGTON, VERMONT 05403 TEL 864-4361 �1� JDS Construction �G P.O. Box 515 Williston, Vermont 05495 RE: 8,800 Square Foot Office - Airport Road Development Dear Sir, The above referenced projec _--1='u daily demand of 450 gallons for domestic use not place a burden on or hamper the South Burlington Water Department from providing service to its existing customers. The results of a fire flow test conducted today by Department personnel on Airport Road are as follows: Static (psi) Residual (psi) Discharge (gpm) 72 44 1010 Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Susan A. Messina Superintendent cc: Kris Khatri Bill Szymanski✓ Jane Lafleur City c>t' '--`cmth 43tirl i ngton WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON, VERMONT 05403 TEL. 864-4361 June 22, 1988 Ms. Susan Hilton Summer Woods Assoc. P.O. Box 1037 Waitsfield, Vermont 05673 RE: Summer Woods - Patchen Road Dear Sir, The above referenced project with an estimated daily demand of 23,400 gallons for domestic use will not place a burden on or hamper the South Burlington Water Department from providing service to its existing customers. The results of a fire flow test conducted in July 1987 by Department personnel on Patchen Road at Richard Terrace are as follows: Static (psi) Residual (psi) Discharge (gpm) 75 34 980 Sincerely, SOUTH BURLINGTON WATER DEPARTMENT 45 ,'o tit. �' ///Q-RO try► CC" Susan A. Messina Superintendent cc: Kris Khatri Bill Szymanski'/ Jane Lafleur KREBS & LANSING Consulting Engineers, Inc. 10 Main Street Colchester, VT 05446 Telephone (802) 878-0375 February 1, 1989 Mr. Joe Wieth City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Summer Woods Patchen Road Dear Mr. Wieth: Please find enclosed five (5) revised sets of Summer Woods. The revised sets show the sidewalk on Patchen Road, a pedestrian easement from the park to Munsons Property, and the relocation of fire hydrants as directed by Chief Godette. Lot coverage calculations have been performed. Because of the project's low density, we determined building coverage and total lot coverage by drawing envelopes around both and calculating the areas of the encompassing envelopes. Naturally, this is a conservative method. The building coverage is, therefore, no more than 11% and the total lot coverage is no more than 390. If you need additional information or have questions, please don't hesitate to call. Sincerely, William H. Nedde III WHN/sbh Enclosures "� .� ,, y � la � � �, �, � ,,, �,� ,. �6, �` ,� ,. � / � '�;�. � **"�'�`y �"� ��"! � �,.�'..», �..,� .�y, F ^^fir; •< i" 1LL L.l v.1 I I I V 1-1-JL YLI111\J11 I L1i i1J 1)1r-11 L.11. II1V 11111 11V. �,JVLVV 1j1J1111 1.VJ vibrnibitGas P.Q. Box 467, Burlington, Vermont 05402 802-863-4511 January 9, 1991 To Whom It May Concern: Please be advised that Vermont Gas Systems, Inc, is aware of the construction of two roads commonly referred to as Green Mountain Drive and Vivian Lane situated within a residential housing development known as Homestead Estates in the Town of St, Albans. Vermont Gas Systems, Inc. further acknowledges that a portion of the aforementioned roads have been constructed upon an easement granted to Vermont Gas Systems, Inc. by a Deed of Easement for Pipelines of Maurice McCracken dated September 14, 1987 and of record in Volume 52 at Pages 5521-5h4 of the Town of St. Albans Land Records. Vermont Gas Systems, Inc: does hereby agree to the placement, Construction and maintenance of said roads upon said easement provided there is no change in the said roads which would require displacement of the natural gas pipelines 3s they are now situated. MESAC1r%j_hrown2\ VGS #340 Sincerely, Michael E. Sullivan Vice President - Operations Vermont Gas Systems, Inc. Ve ont Cars P.C. Box 467, Burlington, Vermont 05402 802-863-4511 February 7, 1991 Dan Brown, Paralegal Timothy G. Hurlbut, Attorney at Law 123 South Main Street St. Albans, VT 05478 Dear Mr. Brown: In response to your request dated February 5, 1991 for Homestead Estates in St. Albans concerning our restoring the surface of the road, the following applies: When Vermont Gas Systems, Inc. has to excavate within paved roadways it is done in accordance with the permitting ag;;ncy granting us an excavation permit, except in emergencies when the :rock is sometimes done before a permit is granted. In these cases a permit is obtained as soon as possible and our permanent restoration is conducted as prescribed in the permit. In view of the above, Vermont Gas Systems, Inc. is only able to guarantee it will restore the road to as near possible the condition it was prior to our working as dictated by sound and accepted construction practices if allowed to do so by the permitting agency, which in this case presently is the selectmen. In all instances of excavation in the .roadway, Vermont Gas Systems, Inc. will maintain one traveled lane open for public use except in emergencies when it may be impossibie to allow public travel over one lane. In situations where we can't leave one !ane open, local officials are notified immediately i.e. fire deparnments, for reroutes to avoid our work area or in the case of dead end streets we rzake temporary detours beside the paved road if necessary. RA7:lc\brown4\ #340 Sincerely, t Ra9mond A. Jewett Supervisor Gas Control Vermont Gas Systems, Inc. OPERATIONS P.O. Box 467 Burlington, VT 05402-0467 FAX - (802) 863-8871 CONYMENTiA rry NOTE -- The inforusation contained is this facsimile message is legally privileged and corfidentiai intended only for the individual or entity naated below. if the reader of this passage is not the intended recipient, please be notified that any dissemination, distribution or copy of this fax is strictly prohibited, If you have received this fax is error, we would appreciated your notifying the sender at the telephone number provided below and rerurn the original message to us at the above address by mail. Thank you, FAX NO v '^ ^_CTAL 2AGES (incl. cover) FROM' RAYM ONO A. JEWETT _ DATE C_�—y 14ff message is unclear, please Call (802) 863- 4511 ext. 336 COMMENTS ',( t02 co u e. t� ve-A Verment Gas Systems, Inc. 1'LL) GJ JU 111U 14J1 VLl\hUiii ^,_7 0101L1i,J LIU-, frill 111-1, UUGUUJUUf 1 _. BROWN, CAHILL, 13AWNE s( M,ILL£F ATTpRN6\rA AT LAW 42 NORTH MAIN ST. D O. 6Ox sip ST. ALDANri. VERMON'f j),,A)p M.IJ 924 5211 JOSCPH F. LAHILI ". MICHAEL S dAWNC January 30, 1991 OAMO 6. MILL(A Daniel Brown 123 South Mein Street St, Albans, VT O5478 Re: C.C. Construction Company to Towr. of St. Albans Dear Dant 1 have reviewed all or the documents sent to me. the following comments: ROWT M WwN i have 1) As to C.V.P.S.C., the letter from Walter Johnson dated January 7, 1991, does not indicate that the construction of the road would not interfere with the rights of C.V.p.S.C. Furthermore, C.V.P.S,C. did not indicate that it would restore the road to the same condition it was 4,11 prior to any excavation within the right of way, nor did it agree to leave at least one ?acne open at all times. 2) As to the City of St. Albans easement recorded in Hook 24, Page 199 of the St. Albano '.own Land Records, we were not expecting the release of the easament, assum;,ng that is what the partial discharge of easetent was meant to do. Rather, they merely want the City to agree to restore the road to the same condition it Was in prior to Any excavation and to leave at least one lane of the road open at all times. 3) As to Vermont Gas Systems, this bitter of January 9, 1991 is satisfactory as fair as it goes, but it, too, needs to agree to restore the road to the game condition it was in prior to any excavation and to leave at least one lane open at all times. Lastly, enclosed herein is my bii,l for review of the records, including time estimated in reviewing the last three letters or agreements. Sincerely yours, Michael a. Gawne MSG/dek End. cc: Selectmen sTF:V1-;N F. STIT7,E L PATTI It. PAGE* DIANNE L. KENNEY (*AI.S0 A1)MI'P'P I?U IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 March 1, 1994 Mr. Ray Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Summer Woods Subdivision Dear Ray: OF COUNSEI, ARTHUR W.CERNOSIA ROBERTE.FLETCHER I have reviewed our file regarding the above referenced subdivision. It contains the following executed original documents (copy attached for your review): 1. Irrevocable Offer of Dedication 2. Drainage Easement 3. Warranty Deed for large road 4. Warranty Deed for Arbor Road 5. Warranty Deed for pedestrian easement The file also contains a letter dated January 17, 1991 to attorney Spokes (copy attached). As is stated in such letter, the proposed conveyances to the City are subject to a utility easement to Vermont Gas (copy attached). After you have had a chance to review these documents, we should discuss how the City wishes to proceed. Very truly yours, Steven F. Stitzel SFS/klm Enclosures son928.cor STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 11A'17ERY STREET BURLINGTON, VERMONT 05401 'PEUPHONI (802) 660-2555 FAX (802) 660-2552 OF COUNSEL STEVEN F. STIT'LE1. AII'1'l1Ult W. (Ii1tNOS1A PA'PTI It. PAGE- AnAee E. aelncE January 17 , 1991 ('A1.90 ANNI'1"1'k:l) IN N.Y.) Y Richard Spokes, Esq. Spokes, Foley & Peterson PO Box 986 Burlington, VT 05402 Re: Summer Woods Associates, Inc. Dear Dick: The status of the final legal documents for the Summer Woods Subdivision recently came up, and in reviewing the file I note that we have a problem. Although we do have the original legal documents and they are in acceptable form, your title opinion indicates that the public roadways may be encumbered by an easement to the Vermont Gas Systems, Inc. As you are aware, public utilities are entitled to be within the public road right of way pursuant to Title 30. This is acceptable to the City. However, when a public utility is located within a public right of way pursuant to an easement, the consequences to the City are not acceptable. Specifically, if the performance of required roadwork necessitates the temporary or permanent relocation of a gas line contained within an easement, the City is responsible for paying the cost of the relocation. On the other hand, if the gas line is located within the public road right of way pursuant to Title 30, the public utility pays the cost of the relocation. To resolve this situation, the City requests that you obtain a release of the Vermont Gas easement as it relates to the offer of dedication to the City. Please give me a call if you have any questions. Very truly yours, i Adam E. Bridge AEB/mld L:\SON194.cor " ON V DEED OF EASEMENT FOR PIPELINES KNO.. Ate_ PERSONS S, THESE PRESENTS: That William R. Shearer of the T•:wn ..f Shelb-:rne , ano State of Vermont (hereinafter Z..:ec ur'ar t n'.. for• and in cons:derattor, of the sum of One Dollar no ct^.e-' .a:.ac:e-:S.tler•at Lon paid to my full sat isfactton by VERMONT GAS SYSTEMS, INC., a Vermont corporation, having its principal place of Dus:- ness at the C:ty of South 6urlington, in the County of Chi ttenden and the St ate +er•mc nt tnereinafter called Grantee), the receipt whereof is heresy .c .. r.c•wle��ed, do hereby GIVE, GRANT, BARGAIN, SELL, CONVEY, and CONFIRMa r.to the GRANTEE, its successors and assigns, the perpetual anc e.c:usi;e easerne r,ts over, across and under my land located in the :cv of S<vtn &urlinaton County of Chtttenden and State of V er•monc said easernents being described as follows: The right to construct, reconstruct, operate, maintain, Move, replace, alter, inspect, repair, remove, Change the size of, and abandon in place p:Peiir.es aes:reo by GRANTEE, for the transportation of gas, petroleura products ar.d. c•• energy substances transportable by pipelines, together with all other rights necessary or convenient for the enjoyment of the ..):eyes ar..d easernents hereby granted. As used herein, the term p 1 pe:: r.es�' sn.:. also include such surface or- subsurface pipeline 4;:. r't.nanc2 ar: facilities as are necessary or Convenient, as decided by tre GRANTEE, f:•' the operat i_In or maintenance of any such pipelines. The e dSemenLS herein y••ant ec are 1JCatetl within the land COnVlyetl to the GRANTOR cy cre czea of Scott A. Sc ebbtns and Barbara J.W. Stebbins dateG Setter•ice•- :966 and recorded in the Land Records of the City of = ,th Bur::r - in Book 2l7 at Page 421-422 , and by the deed of :renr::s -�eme­ and Sraoara M. Barber dated 11 Seotember 1966 L ano reccrcec ir. t-e -and Records of the City of South Burlington tn' 600. 277 at '.age 23-» ,, Said pipelines shall enter- GRANTOR'S lantls presently known as 159 and ?`_=accrer R:ac fr'•;m a City of Soutn Burltnpton htphwav Commonly known -- L3-_ne- R:a'7 drp y::r., in d westerly tltreCClon t2 a d•?tnti and then e rest ,.s .tnih GRANTOR'S lands to orovide natural pas Sc� lrL 1,,t r2-.St-'•t2r5 5f the GRANTEE. r'•.2 pr'ezise _e'.c er line of the eaSernentii is to be determined tr. the dis- crzc:tr. the GRANTEE, and the centerline of the pipelines as installed shall is:acl:sn-;r.ciusively tr.e centerline of the easements Herein cc.n- .eye�. 'Tre ..:at^ of the easernents shall pe ten liar) feet, consisttng of r:.e t5r feet _r. each sine cf the centerline. GRANTOR ner t)y reserves the right to fully use and enjoy said land in ar•, manse, that w... not prevent or' interfere with the exercise by GRANTEE _f ease:oents here:, grantee anc e,cePt as otherwise limited herein. j Rr.NTEE seal: `.aye the right to engage In all actions andactivities c x s:s:e .-.e use c.f the eights -of -way and easements hereby granted 1--c: ::•„ .... iinitad tJ, the rt^ynt to Cut down, rer.rove and keep :.ea•'a- by ^s.cn' mea^s as GRANTEE deems des arable, at any and all tunes, -c- _r.—cr-.sh and vegetat wr, as the judgment dgmet of the GRANTEE `a.. It e2 fe.-e endanger the operat con or- maintenance of said �.ce:: r.es ar... -.f their• app,.rtenances. GRANTEE snall have the right of ,'ass . .;•,rs over GRANTOR'S other' land at convenient points for e•e•Zi.e of t`.e r•lghts, pr•ivile^yes ana easements hereir, granted pro- -el .-.at sa.Z right must be o.er•cised in a careful manner and ..•y ❑.•� ,es _ .._ other- p.•operty :-f the GRANTOR caused by the GRANTEE sn... -:,-•e - .-ehGRANTEE. r 1 �i ...y f17 G 7,e GRANTOR covenants and agrees not to construct, install or permit the c.,nst r•uct,.n or- installation of any structures or objects of any kind upon ,. r.dar the surface of the ground or to change the elevation of the • grounc wicn . five C51 feet on each side of the said pipelines without the pri;.• -" tti ac_r.sent of the GRANTEE. TO HAvE AND TO HOLD the above granted easements, with all privileges anC appurtenances tnereunto belonging, unto the GRANTEE and its suc- cess_•rs and assigns forever-, to it and their own proper use, benefit and behoQf; and also I the GRANTOR for myself and my heirs, e.ecutorc and ad:n:n:str•a t,_r-s covenant with the GRANTEE ano its 'successors and assigns t nat at and anti. the e.ecuti-on of these presents I am well seized of said prem:ses as an estate in fee simple, and have good right to sell and c.r.vey the easements aforesaid in manner and form above written, and that the same a,-e free from all encumbrances whatsoever, and furthermore I the GRANTSiR bi nc .,y serf and my heirs forever to warrant and defend the same to the said GRANTEE ar,d its successors and assigns forever against all c:ai ns anc oemancs ..natsoever, except t»o mortoatin both are recorded in 5>a E.r: ind!on hand Records in .volume 235. one from th, tender Tr_st C_•mdanv dated 12 Sebtember 1966 at Pad; 21-24, and one -rtra Dennis _ Sarno, and Barbara M. Barber dated 12 September 1986 at ;Z 8-rod. RANTOR d;,ees Cndt th— inst r•ur.lent contains all of the terms and ,._..:r,s the easements herein conveyed, tnat no one has any authority ce-,a:f = the GRANTEE to mane any, agreement not herein expressed, and t �e x rs:c¢•-at:cr. 'e=%tad ne"ein is in full satisfaction of every right e r-a r.t ed. <`2 'fC•'air.y seal: be ?:r.dirng upon and small inure to the benefit of the respe-t:ve a('.. Sr: r�: st rotors, assigns, executors, successors, and heirs ._f t-e GRANTOR arc GRANTEE. IN 1.2 Tl:ESs :.HEREOF ,:ne GRANTOR has hereunto set his hand and seal tn:s ,6, day a A.D., 1389 . J ,I NESSES: --- ✓ GRAITO . lirrl: R. STtearer STATE OF vERmON' ) i SS. =OUNTr OF CH:TTENDEN ) :.t r'-^ in said County tnis �Li_ day of — A.D., _, pers.aa. I appeared the above named Nilliarn R. Shearer 6r signer and sealer of the f_••e;•_:n� ..••itten %r.str•..ment and acknowledged the same to be his free act a•c reee. CM CURKS OFFICE y . p�rvee.SrirY.aN 19-9111 atQM ►1 F—Ie^ in Vol -aa on w >x so 1 1.1 Lan,' F�rCs wr;vacA Mara C4 Cis: B fore/*� / �/, otary Pu lie 1987-A-2 V01. -� Page _ L% IRREVOCABLE OFFER OF DEDICATION AGREEMENT by and between SUMMER WOODS ASSOCIATES, INC., hereinafter referred to as "Owner" and the CITY OF SOUTH BURLINCTON, hereinafter referred to as "Municipality" W I T N E S S E T H: WHEREAS, the Municipality's Planning Commission has approved a final subdivision plat entitled "Final Plat Summer Woods, Patchen Rd., South Burlington, Vermont" dated Jan. 1989, last revised April 26, 1989 and prepared by Krebs & Lansing Consulting Engineers, Inc.; and WHEREAS, the final approval of the Planning Commission contains a condition that the Owner convey to the Municipality the streets within the development and a pedestrian right of way; and WHEREAS, the above described lands and/or interests therein are to be dedicated to the Municipality free and clear of all encumbrances, pursuant to said final approval and final plat; and WHEREAS, the Owner has delivered to the Municipality appropriate deeds of conveyance for the above described lands and/or interests therein. NOW, THEREFORE, in consideration of the final approval of the Municipality's Planning Commission and for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner herewith delivers to Municipality a deed or deeds of conveyance, the descriptive portions of which are attached as Exhibits A, B, C and D, said delivery constituting a formal offer of dedication to the Municipality to be held by the Municipality until the acceptance or rejection of such offer of dedication by the legislative body of the Municipality. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON. VERMONT 2. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the Municipality in whole or 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. Dated this _.6 r( day of July, 1989. IN THE PRESENCE OF: SUMMv id RWOODS ASSOCIAT S, INC. N By: I s D u on d Agent CITY OF SOUTH BURLINGTON By: Its City Manager and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At � ,�� in said County, this %1 day of July, 1989, personally appeare duly authorized agent of SUMMER WOODS ASSOCIATES, INC., anU he ac nowle ged the within instrument, by him signed, to be his free act and deed and the free act and deed of SUMMER WOODS ASSOCIATES, INC. Before me, Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of May, 1989, personally appeared WILLIAM SZYMANSKI, City Manager and duly authorized agent of the City of South Burlington, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of the Municipality. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON. VERMONT Before me, Notary Public -2- EXHIBIT A Arbor Road as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised May 25, 1989 b Krebs & Lansing Consulting Engineers, Inc., and recorded in Map Volume `�at Page 'a of the Land Records of the City of South Burlington. The conveyance herein includes the watermains and sewerlines within Arbor Road, but specifically does not include any connecting or service lines outside the boundaries of Arbor Road. The parcel of land herein conveyed is subject to utility easements of record. The within Grantor, for itself and its successors and assigns, agrees that it will accept a conveyance of the cul-de-sac from the within Grantee, City of South Burlington, at such time as Arbor Road is extended to adjoining property to the north. Upon acceptance of a deed conveying the cul-de-sac, the within Grantor, for itself and its successors and assigns, shall assume all responsibility for the repair, maintenance and replacement of said cul-de-sac. The within Grantor, for itself and its successors and assigns, reserves an easement for the repair, maintenance and replacement of that portion of the sewer force main which lies within Arbor Road and connects to a sewage pumping station, and should Arbor Road be affected by the exercise of this reserved easement, the within Grantor, for itself and its successors and assigns, agrees to promptly restore it to its condition prior to such entry, at its cost. Being a portion of the lands and premises conveyed to the within Grantor by the Warranty Deed o� William R. Shearer, dated July 1'), 1989 and recorded in Volume �� at Page of said Land Records. Reference is hereby made to the above -mentioned instruments and the records thereof, and the references therein made all in further aid of this description. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON, VERMONT EXHIBIT B Larch Road as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised May 25, 1989 by Krebs & Lansing Consulting Engineers, Inc., and recorded in Map Volume at Page15/ of the Land Records of the City of South Burlington. The conveyance herein includes the watermains and sewerlines within Larch road, but specifically does not incude any connecting or service lines outside the boundaries of Larch road. The conveyance herein also includes a 10 foot by 10 foot easement around the fire hydrant which lies adjacent to and southerly of Larch Road. The parcel of land herein conveyed is subject to utility easements of record. The within Grantor, for itself and its successors and assigns, reserves an easement for the repair, maintenance and replacement of that portion of the sewer force main which lies within Larch Road and connects to a sewage pumping station, and should Larch Road be affected by the exercise of this reserved easement, the within Grantor, for itself and its successors and assigns, agrees to promptly restore it to its condition prior to such entry, at its cost. Being a portion of the lands and premises conveyed to the within Grantor by the Warranty Deed of William R. Shearer, dated July , 1989 and recorded in Volume'211 at Page,Jh? of said Land Records. Reference is hereby made to the above -mentioned instruments and the records thereof, and the references therein made all in further aid of this description. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON, VERMONT EXHIBIT C A strip of land fifteen (15') feet in width, to be used as a pedestrian easement, as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised May 25, 1989 by Krebs & Lansing Consulting Engineers, Inc. and recorded in Map Volume.,),,;,,at Page j3 of the Land Records of the City of South Burlington, and being more particularly described as follows: The easement herein conveyed shall be located along the existing trail which proceeds in a general northwesterly and northerly direction from property owned by the within Grantee, City of South Burlington, to property now or formerly of R. Munson, all as depicted on the aforementioned plan, and the centerline of said easement shall be deemed to be the centerline of the pedestrian path or trail once it is permanently located. The within 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 said right of way, but specifically shall place no structures, landscaping or other improvements within said easement and right of way which shall prevent or interfere with the within Grantee's ability to use, repair, replace and/or maintain said pedestrian easement. The within Grantee agrees that it shall strive to construct and maintain said pedestrian pathway in as natural a state as possible to blend with the surrounding area, and the within Grantee shall be solely responsible for the maintenance, replacement, upkeep and repair of any pedestrian path created or installed. The within Grantee, and its successors and assigns, shall hold the within Grantor and its successors and assigns, harmless from any and all damage or claims which arise on account of the public use of the pedestrain easement herein conveyed. This conveyance is subject to the condition that no motorized or vehicular traffic including, but not limited to, motorcycles, trailbikes, snowmobiles or any other motorized traffic shall be allowed to utilize the pedestrian easement and such condition shall run with the land. Being a portion of the lands and premises conveyed to the within Grantor by the Warranty Deed of William R. Shearer, dated July ,;zd', 1989 and recorded in Volume �1 at Page' jld of said Land Records. Reference is hereby made to the above mentioned plan and the records thereof, and the references therein made all in further aid of this description. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON, VERMONT EXHIBIT D "15" PVC Storm", "24 PVC Storm", and "24 Storm" on a plan entitled "Plan Summer Woods, Patchen Road, South Burlington, Vermont," Drawing No. 3, dated Dec. 1988, last revised February 9, 1989; and being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of William R. Sbearer, dated July ,2—e, , 1989 and recorded in Volume,zj at Page-f� of the Land Records of the City of South Burlington. The easements herein conveyed shall be deemed to be twenty feet (20') in width, the centerlines of which will be the centerline of the stormwater drainage lines once installed. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON, VERMONT DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that SUMMER WOODS ASSOCIATES, INC., a Vermont corporation with offices in Burlington, in the County of Chittenden and State of Vermont (Grantor), for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents do GIVE, GRANT, SELL, CONVEY and CONFIRM unto the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden, State of Vermont (Grantee) and its successors and assigns, easements in perpetuity for the purpose of installing, repairing, maintaining, restoring and/or replacing stormwater drainage lines, together with all appurtenances thereto, in those areas identified as: "15" PVC Storm", "24 PVC Storm", and "24 Storm" on a plan entitled "Plan Summer Woods, Patchen Road, South Burlington, Vermont," Drawing No. 3, dated Dec. 1988, last revised February 9, 1989; and being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of William R. Shearer, dated July f6', 1989 and recorded in Volume at Page.*. of the Land Records of the City of South Burlington. The easements herein conveyed shall be deemed to be twenty feet (20') in width, the centerlines of which will be the centerline of the stormwater drainage lines once installed. Grantor, and its successors and assigns, shall have the right to make use of the surface of the land subject to this right of way easement such as shall not be inconsistent with the use of the easements by the within Grantee, but specifically shall place no structures or other improvements within said easements which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON. VERMONT The Grantee for itself and its successors and assigns agrees that any premises affected by its entry pursuant to this right of way easement shall be restored to its condition prior to such entry at its own cost and within a reasonable time. TO HAVE AND TO HOLD said granted premises, with all the the privileges and appurtenances thereof, to the Grantee, its successors and assigns, to its own use and behoof forever; and the Grantor, for itself and its successors and assigns, does covenant with the Grantee, its successors and assigns, that until the ensealing of these presents it is the sole owner of the premises and have good right and title to convey the same in the manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE; and they hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever. Dated at fVermont, thisl�— — day of July, 1989. IN THE PRESENCE OF: SUMMER WOODS ASSOCIATES, INC. By: Its Duly(.Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, ss. At V)16. ,_:\" , in said,Coun ky, this�_� day of July, 1989, personally appea ed h�.1c. i4' `' %N ' , duly authorized agent of SUMMER WOODS ASSOCIATES, INC., and he acknowledged the within instrument by him signed, to be his free act and deed and the free act and deed Summer Woods Associates, Inc. Before me,„ 'Notary Pub li SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW —2 BURLINGTON. VERMONT VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 1. SELLER SELL®SFEROR) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. SUMMER WOODS ASSOCIATES, INC. C/o 252 College Street Burlington, VT 05401 MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. 2. BUYER (TRANSFEREE) NAME(S) CITY OF SOUTH BURLINGTON 575 Dorset Street 03-6002712 South Burlington, VT 05403 • ' 3. PROPERTY LOCATION (Address in full) 4. DATE OF CLOSING South Burlington 7/jVj89 5. INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. UNDIVIDED %x INTEREST 5. TIME-SHARE ESTATE 7. ® EASEMENT 2. LIFE ESTATE 4. F UNDIVIDED __ _% INTEREST 6. LEASE 8. OTHER 6. FRONTAGE AND DEPTH �7. TOTAL ACREAGE 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. f] NONE 5. BARN 9. STORE 2. FACTORY 6. APARTMENT WITH (NUMBER) DWELLING UNITS 10. OTHER 3. HOUSE 7. ❑ MOBILE HOME 4. CAMP/'oME N 8. ❑ CONDOMINIUM WITH (NUMBER) DWELLING UNITS HOME CHECK WHETHER THE BUILDINGS WERE NEVER OCCUPIED ❑ PREVIOUSLY OCCUPIED 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. PRIMARY RESIDENCE 3. OPERATING FARM 5. COMMERCIAL 7. INDUSTRIAL 9. OTHER 2. TIMBERLAND 4. GOVERNMENT USE 6. OPEN LAND 8. CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. O OPERATING FARM 5. ❑ COMMERCIAL 7. O INDUSTRIAL 9. OTHER 2. ❑ TIMBERLAND 4. ❑ GOVERNMENT USE 6. © OPEN LAND 8. CAMP OR VACATION 11. 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, Working Farmland Tax Abatement Use Value Appraisal Programs)? Q Yes No j;AA4jjWjQj 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." #2 BEEF 13. TOTAL 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, PRICE PAID $ ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PERSONAL PROPERTY $ ---- - $ -- --- • 16. TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS $feswul- ---- r / 8 9 17. DATE SELLER ACQUIRED .�Z 18. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS: 1 - (CONTINUE ON REVERSE SIDE) ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD _ __ _ REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER PAGE NO. PAID. LISTED VALUE $ GRAND LIST OF 19 CLERK MAP AND PARCEL NOS. SIGNED DATE - Form PT-1 (7/89) 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) 1. (a) b. Value of property enrolled in current use program (b) $ c. Value of qualified working farm (c) $ — -- d. Add Lines 1(a), (b) and (c) (d) $ ----- e. Tax rate (e) $ _ _ _ 0.005 I. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) (f) $ -- --- 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return 2. (a) $ -------- -- b. Enter amount from Line 1(d) of Rate Schedule above (b) $ -- c. Subtract Line 2(b) from Line 2(a) (c) $-- - ----- --- d. Tax rate (d) $ 0.0125 e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) (e) $ --- ---- --- 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 3• $_---_ ---- -.- FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and slate building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. ' C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and 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 Sellers(s) further certify 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 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) -- E. That this transfer does/does not (strike one) result in a partition or division of land.Note: If it does, an Act 250Disclosure Stafementmuslbeattached tothis return before filing with the Town Clerk. WIT • • This transfer is in compliance with or is exempt from Vermont income tax withholding for the following reason (Check one): X 1. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate; or 2. Buyer(s) certify that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale; or 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETETO THE BEST OF OUR KNOWLEDGE. SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE - SUMMER WOODS ASSOCIATES INC. CITY OF SOUTH BURLINGTON By: 4�,L .3% By: Duly Authorized Agent (( Duly Authorized Agent i f �. -'''' Richard A okes F'St( Prepared b Preparer'sSignature -- -- P Y '8-p r— S (Print or Type) Preparer'sAddress P.O. Box 986, Burlington, VT 05402 offices in Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of -----------------------------------TEN or more -------------------------------Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation XWX in the County of Chittenden and State of Vermont Grantee by these presents, do freely (6tup, (firsint, Srll, (fnnttru Anb pionftm unto the said Grantee the CITY OF SOUTH BURLINGTON, and its successors and assigns xxxxxxxxxxxxxlrmxacjxforever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Larch Road as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised May 25, 1989 by Krebs & Lansing Consulting Engineers, Inc., and recorded in Map Volume at Page of the Land Records of the City of South Burlington. The conveyance herein includes the watermains and sewerlines within Larch road, but specifically does not incude any connecting or service lines outside the boundaries of Larch road. The conveyance herein also includes a 10 foot by 10 foot easement around the fire hydrant which lies adjacent to and southerly of Larch Road. The parcel of land herein conveyed is subject to utility easements of record. The within Grantor, for itself and its successors and assigns, reserves an easement for the repair, maintenance and replacement of that portion of the sewer force main which lies within Larch Road and connects to a sewage pumping station, and should Larch Road be affected by the exercise of this reserved easement, the within Grantor, for itself and its successors and assigns, agrees to promptly restore it to its condition prior to such entry, at its cost. Being a portion of the lands and premises conveyed to the within Grantor by the Warra ty Deed of William R. Shearer, dated July 1989 and recorded in Volume,- 4 at Page-)f'1.6J of said Land Records. Reference is hereby made to the above -mentioned instruments and the records thereof, and the references therein made all in further aid of this description. Ln 3�ttur ttnt� to 3inib said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee , the CITY OF SOUTH BURLINGTON, its successors X and assigns, to their own use and behoof forever; ./1nd the said Grantor, SUMMER WOODS ASSOCIATES, INC., for itself and its successors and assigns xhmxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxjrx, xwxaxxkx�l�, do es covenant with the said Grantee the CITY OF SOUTH BURLINGTON, its successors and assigns X #6XfW,WWehh, that until the ensealing of these presents it is the sole owner of the premises, and have flood ri-dht and title to conveu the same in manner aforesaid, that they are Nrer N-ram £ttrrg £nrumargnrt; except as stated above; and it hereby engage to Werrnnt Anb 19efenb the same against all lawful claims whatever, except as stated. SUMMER WOODS ASSOCIATES, INC., has caused this instrument to be executed tt lVitttrBs Nbrrrnf. *Ot*mm)'Nxjt§tkxxxxxxxxxxkq xx"& this q �;w, day of July .4. D. 1989 411 Ct'yCltil' Qt� By: 4C L�—� ►tale (Of Vermant, dlt Burlington this }Be' �`% day of July .4. D. 1989 �nuni}t of Chittendetn � An '�i\- , duly authorized agent of SUMMER WOODS ASSOCIATES, INC. personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me ' Notar Public 0 0 a' W o0 U U_ i' O w U O U W 0 W w U W O w Y Ir LLj W 0 Z U F— Q � J Z U_ Z O Y Z 0 W Q w W U p CL V_ O Cr O V) Uj W 1 W F- o i W 0 F Z O F- W a�"a M Q X O N CO 0 LdwN W o W OC a_ 0 20 }- Z i W3X .JI> OF- N 0 WM Z ir i N J O a— m LA VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES ® MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. SUMMER WOODS ASSOCIATES, IN c 2-College Burlington, VT 05401 2. BUYER (TRANSFEREE) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. CITY OF SOUTH BURLINGTON 575 Dorset Street 03-6002712 South Burlington, VT 05403 - • ' ' 3. PROPERTY LOCATION (Address in full) 4. DATE OF CLOSING Larch Road, South Burlington_7,- 5. INTEREST IN PROPERTY 1.)M FEE SIMPLE 3. ❑ UNDIVIDED'/z INTEREST 5. TIME-SHARE ESTATE 7.0 EASEMENT 2. 0 LIFE ESTATE 4. UNDIVIDED_%INTEREST 6. LEASE 8. OTHER 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1.0 NONE 5. BARN 9. STORE INSERT 2. FACTORY 6. n APARTMENT WITH NUMBER DWELLING UNITS 10. n OTHER 3. HOUSE 7. MOBILE HOME VACATION INSERT 4. CAMP/NONE 8. CONDOMINIUM WITH - (NUMBER) DWELLING UNITS CHECK WHETHER THE BUILDINGS WERE ❑ NEVER OCCUPIED 0 PREVIOUSLY OCCUPIED 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. LJ PRIMARY RESIDENCE 3. OPERATING FARM 5. n COMMERCIAL 7. ❑ INDUSTRIAL 9. ❑ OTHER 2. TIMBERLAND 4. ❑ GOVERNMENT USE 6. [yj OPEN LAND 8. CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. OPERATING FARM 5. PCOMMERCIAL 7. INDUSTRIAL 9. OTHER _ - 2. ❑ TIMBERLAND 4. GOVERNMENT USE 6. ® OPEN LAND 8. CAMP OR VACATION 11. 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, Working Farmland Tax Abatement Use Value Appraisal Programs)? Q Yes EjNo • • 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." #2 -- 13. TOTAL 15. PRICE PAID FOR REAL PROPERTY: IF LESS ® THAN FAIR MARKET VALUE, PRICE PAID S _-_----__--___ __ ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PERSONAL PROPERTY $ -- ___ _ 16. TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS $ ` - ` 7/�hh/89 17. DATE SELLER ACQUIRED _ - L.' _ 18. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS:____ (CONTINUE ON REVERSE SIDE) ACKNOWLEDGEMENT TOWN NUMBER __- RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF rDATEOFRECORDREQUIRED,ACT250 DISCLOSURE STATEMENT) ANDTAX ER __.__- -___ PAGE NO. __._--__ PAID. E $ _ -_.-_- GRAND LIST OF 19RCEL NOS. ____- SIGNED __- - -- - _. CLERK DATE ---- - -- - Form PT-1 (7/89) 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) b. Value of property enrolled in current use program c. Value of qualified working farm d. Add Lines 1(a), (b) and (c) e. Tax rate f. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return b. Enter amount from Line 1(d) of Rate Schedule above c. Subtract Line 2(b)from Line 2(a) d. Tax rate e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) 1. (a) (b) $ (c) $ (d) $ (e) $ _ — 0.005 (f) $ 2. (a) $_—._ ----- (b) $ (c) $ (d) $_ -- 0.0125 (e) $- - 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 3. $ Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and 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 -_ _ _ Sellers(s) further certify 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 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) E. That this transfer does/does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the Town Clerk. This transfer is in compliance with or is exempt from Vermont income tax withholding for the following reason (Check one): X 1. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate; or —__ 2. Buyer(s) certify that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale; or __ 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer. 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) SIGNATURE(S) DATE SUMMER WOODS ASSOCIATES, INC. I)�:a L CITY OF SOUTH BURLINGTON By: Duly Authorized Agent '7�i By: Duly Authorized Agent Preparer's Signature Preparer'sAddress P.O. BOX 986, Burlington, VT 05402 Prepared by Richard A. Spokes (Print or Type) i� PUBUSNED By FORM 1911 - VERMONr WARRANCY DEED ROTUND. vE RwoNi OSl of ;5rl ,�Rnolrnli urnh Eft af SUMMER WOODS ASSOCIATES, INC., a Vermont corporation with offices in Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of --------------------------------------TEN or more------------------------ Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation X&I in the County of Chittenden and State of Vermont Grantee by these presents, do freely (Star. (grant. %it. Manaru Anb Monfirm unto the said Grantee the CITY OF SOUTH BURLINGTON, and its successors and assigns xam kxxxxxxxxxxx*eti2xaiz&xmdgmxforever, a certain piece of land in the CITY OF SOUTH BURLINGTON in the County of Chittenden and State of Vermont, described as follows, viz: Arbor Road as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised May 25, 1989 by Krebs & Lansing Consulting Engineers, Inc., and recorded in Map Volume i at Page 'i of the Land Records of the City of South Burlington. The conveyance herein includes the watermains and sewerlines within Arbor Road, but specifically does not include any connecting or service lines outside the boundaries of Arbor Road. The parcel of land herein conveyed is subject to utility easements of record. The within Grantor, for itself and its successors and assigns, agrees that it will accept a conveyance of the cul-de-sac from the within Grantee, City of South Burlington, at such time as Arbor Road is extended to adjoining property to the north. Upon acceptance of a deed conveying the cul-de-sac, the within Grantor, for itself and its successors and assigns, shall assume all responsibility for the repair, maintenance and replacement of said cul-de-sac. The within Grantor, for itself and its successors and assigns, reserves an easement for the repair, maintenance and replacement of,that portion of the sewer force main which lies within Arbor Road and connects to a sewage pumping station, and should Arbor Road be affected by the exercise of this reserved easement, the within Grantor, for itself and its successors and assigns, agrees to promptly restore it to its condition prior to such entry, at its cost. Being a portion of the lands and premises conveyed to the within Grantor by the Warranty Deed o; William R. Shearer, dated July,?,t;, 1989 and recorded in Volume at Page,�i ,1 of said Land Records. Reference is hereby made to the above -mentioned instruments and the records thereof, and the references therein made all in further aid of this description. To haur ttnD to BOO said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors xhvixs and assigns, to their own use and behoof forever; .4nd the said Grantor, SUMMER WOODS ASSOCIATES, INC., for itself and its successors and assigns MWW0MX=ckxrxd=ftW=t=x, does covenant with the said Grantee CITY OF SOUTH BURLINGTON, its successors and assigns xkXjMXWXdXXXX6fts, that until the ensealing of these presents it is the sole owner of the premises, and have flood ri-dht and title to conveu the same in manner aforesaid, that they are Nrer Nrom Everg Enrumbranrt; except as stated above; and they hereby engage to Warrant Anb Uefenb the same against all lawful claims whatever, except as stated. SUMMER WOODS ASSOCIATES, INC., has caused this instrument to be executed +fn 10itiirss Ifterrof./ 2mmxm=x xxxxxxxxxxk xyazut att this 2 v %& day of An Preycitie of r State (Of Vermont, ) ,qt Burlington this }ss. Glountp of Chittenden J 7 0� dab of July .4. D. 1989 duly authorized agent of SUMMER WOODS ASSOCIATES, INC. personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed., and the free act and deed of SUMMER WOODS ASSOCIATES, INC. Before me Notary\,P lic ON 00 a� 3 W U LL- (/) �Y W J U 0 cc O U W 0 0 w W U W E o Z O U Uj Y to N Z U WWN W W v Z .� U- W I (1 O O ct$ Z ~ Z 20 �- Z i W JI> U Z w W F O 0 0 O � D_ w U) f- O 0 � Cr. W (h Z N j Y. W Ix Q✓ Y w Crd O m Z O w Q m a = VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES ® MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. SUMMER WOODS ASSOCIATES, INC. c/o 252 College Street © -0 20 , Burlington, VT 05401 2. BUYER (TRANSFEREE) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. CITY OF SOUTH BURLINGTON 575 Dorset Street 03-6002712 South Burlington, VT 05403 • ' 3. PROPERTY LOCATION (Address In full) 4. DATE OF CLOSING Arbor Road, South Burlington I 74ZC,/89 5. INTEREST IN PROPERTY 1. FEE SIMPLE 3. R UNDIVIDED YA INTEREST 5. TIME-SHARE ESTATE 7. EASEMENT 2. LIFE ESTATE 4. UNDIVIDED %INTEREST 6. LEASE 8. OTHER _- 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. U NONE 5. n BARN 9. STORE 2. FACTORY 6. APARTMENT WITH (NUMBER) DWELLING UNITS 10. n OTHER _- 3. ❑ HOUSE 7. MOBILE HOME 4. ❑ CAMP/vAc'MOM'o" 8. CONDOMINIUM WITH E (NUM' R) DWELLING UNITS F. CHECK WHETHER THE BUILDINGS WERE ❑ NEVER OCCUPIED ❑ PREVIOUSLY OCCUPIED 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. u PRIMARY RESIDENCE 3. n OPERATING FARM S. COMMERCIAL 7. INDUSTRIAL 9. OTHER 2. n TIMBERLAND 4. GOVERNMENT USE 6. OPEN LAND 8. n CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. PRIMARY RESIDENCE 3. OPERATING FARM 5. COMMERCIAL 7. n INDUSTRIAL 9. ❑ OTHER 2. TIMBERLAND 4. GOVERNMENT USE 6. Fj OPEN LAND 8. CAMP OR VACATION 11. 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, Working Farmland Tax Abatement Use Value Appraisal Programs)? Q Yes UNo • 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." #2 13. TOTAL 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, PRICE PAID $ ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PERSONAL PROPERTY $ 16. TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS $ 7/,�/89 17. DATE SELLER ACQUIRED- __ # 18. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS:_-_ (CONTINUE ON REVERSE SIDE) qW AW TO BE COMPLETED BY TOWN OR CITY CLERK ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD _ - _---.__.-_ _- REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER - PAGE NO. _-_--_-______.. -- PAID. LISTED VALUE $ _______-____-- _- GRAND LIST OF 19 MAP AND PARCEL NOS. __. ____-_ SIGNED CLERK DATE Form PT-1 (7/89) RATE SCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) 1. (a) $ b. Value of property enrolled in current use program (b) $_. _ c. Value of qualified working farm (c) $ d. Add Lines 1(a), (b) and (c) (d) $ e. Tax rate (e) $_ 0.005 I. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) (f) $ 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return 2. (a) $ b. Enter amount from Line 1(d) of Rate Schedule above (b) $ c. Subtract Line 2(b) from Line 2(a) (c) $ — d. Tax rate (d) $- 0.0125_ e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) (e) $ 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 3. $ FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and 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 Sellers(s) further certify 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 250), for the following reason: 1. This property is the subject of Act 250 Permit No. _ _ and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) E. That this transfer does/does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the Town Clerk- 1110• This transfer is in compliance with or is exempt from Vermont income tax withholding for the following reason (Check one): _ X 1. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate; or ____ 2. Buyer(s) certify that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale; or 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer. WE HEREBY SWEAR AND AFFIRM THATTHIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETETO THE BEST OF OUR KNOWLEDGE. SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE SUMM OODS AS '0 IATES, INC. CITY OF SOUTH BURLINGTON B ? 7 By: Aut rized Agent Duly Authorized Agent �I Richard A. Spokes Preparer's Signature " - Prepared by P A Box 986, Bur ington,,VT 05402 (Print or Type) Preparer's Address PUBLISIED By FORM 1911 - VERMOM' WARRAM'Y DEED RUT-. VE-T 05701 P Elta i SUMMER WOODS ASSOCIATES, INC., a Vermont corporation with offices in Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of --------------------------------TEN or more ---------------------------------- Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation X)Q( in the County of Chittenden and State of Vermont Grantee by these presents, do freely (glop. arani. #r11. Matttint Anb Tonffrltt unto the said Grantee the CITY OF SOUTH BURLINGTON, and its successors and assigns X XXXXXXXXXXXX W XhgAy?& forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A strip of land fifteen (15') feet in width, to be used as a pedestrian easement, as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised May 25, 1989 by Krebs & Lansing Consulting Engineers, Inc. and recorded in Map Volume; at Page L11 of the Land Records of the City of South Burlington, and being more particularly described as follows: The easement herein conveyed shall. be located along the existing trail which proceeds in a general northwesterly and northerly direction from property owned by the within Grantee, City of South Burlington, to property now or formerly of R. Munson, all as depicted on the aforementioned plan, and the centerline of said easement shall be deemed to be the centerline of the pedestrian path or trail once it is permanently located. The within 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 said right of way, but specifically shall place no structures, landscaping or other improvements within said easement and right of way which shall prevent or interfere with the within Grantee's ability to use, repair, replace and/or maintain said pedestrian easement. The within Grantee agrees that it shall strive to construct and maintain said pedestri pathway in as natural a state as possible to blend with the surrounding area, and the within Grantee shall be solely responsible for the maintenance, replacement, upkeep and repair of any pedestrian path created or installed. The within Grantee, and its successors and assigns, shall hold the within Grantor and its successors and assigns, harmless from any and all damage or claims which arise on account of the public use of the pedestrain easement herein conveyed. This conveyance is subject to the condition that no motorized or vehicular traffic including, but not limited to, motorcycles, trailbikes, snowmobiles or any other motorized traffic shall be allowed to utilize the pedestrian easement and such condition shall run with the land. Being a portion of the lands and premises conveyed to the within Grantor by the Warranty DeeS.of William R. Shearer, dated July L`;1, 1989 and recorded in Volume !� at Pageof said Land Records. Reference is hereby made to the above mentioned plan and the records thereof, and the references therein made all in further aid of this description. Vn hair ttttb to 3: DO said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee the CITY OF SOUTH BURLINGTON, its successors Aw&x and assigns, to their own use and behoof forever; .find the said Grantor , SUMMER WOODS ASSOCIATES, INC., for itself and its successors and assigns YfMXX XVX4X bakiX x��IXXx�� do es covenant with the said Grantee the CITY OF SOUTH BURLINGTON, their successors and assigns xR4x�, that until the ensealing of these presents it is the sole owner of the premises, and have -dood ri-dht and title to conveu the same in manner aforesaid, that they are Nrer Nrom EverV Enrumbrana: except as stated above; and they hereby engage to Warrant Anb Befrub whatever, except as stated. +1tt 31i2ttrss 3�'rU piR�WOODS ASSOCIATES, executed this '? a day of 11 PCeyeltie of B, the same against all lawful claims IN has axxm this inst�t to b � 4�X XXXXXXXXXI XXSE A T �n btate (Of Vrrmant. .qt 188. Burlington this J , a �iuunlu of Chittenden day of Jul y .4. D. 19 � 89 duly authorized agent of SUMMER WOOD ASSOCIATES, INC. personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of SUMMER WOODS ASSOCIATES, INC. Before me _ Y Notary P blic 9 0 z 0 H U z H a x Fq x H 0 U) rX+ 0 H H U rn 00 U i w Ow I 0) a: Uj O J Z ��I I W z U W W N <' Cr I Q v U O u`' W F n ti II ILI _z O a moo it p W:� �- _I I j �LLI U Z w p�Z > w 0 U o Q Q_ w LL' L1'MZ V W "O Cr O (n w W N J Y X o O (A Z O ►- Q w Q M Q✓ VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAMES) SUMMER WOODS ASSOCIATES, I 2. BUYER (TRANSFEREE) NAME(S) IN FULL - INCLUDING ZIP CODE MAILING ADDRESS IN FULL - INCLUDING ZIP CODE i • ' 3. PROPERTY LOCATION (Address in full) �crJ3t; j�'(N"%►yf"/�ri"'� South Burlington 5. INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. ❑ UNDIVIDED Yz INTEREST 5. ❑ TIME-SHARE ESTATE 2. 0 LIFE ESTATE 4. UNDIVIDED_%INTEREST 6. 0 LEASE 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. F] NONE 5. BARN 9. STORE INSERT 2. FACTORY 6. APARTMENT WITH _- (NUMBER) DWELLING UNITS 10. OTHER 3. HOUSE 7. MOBILE HOME 4. CAMP/VAcr,Tio" 8. CONDOMINIUM WITH (NUMBERINSERT ) DWELLING UNITS HOME CHECK WHETHER THE BUILDINGS WERE Q NEVER OCCUPIED ❑ PREVIOUSLY OCCUPIED 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. Ll PRIMARY RESIDENCE 3. OPERATING FARM 5. ❑ COMMERCIAL 7. INDUSTRIAL 2. TIMBERLAND 4. GOVERNMENT USE 6. ® OPEN LAND 8. n CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. PRIMARY RESIDENCE 3. ❑ OPERATING FARM 5. COMMERCIAL 7. INDUSTRIAL 2. ❑ TIMBERLAND 4. ❑ GOVERNMENT USE 6. ® OPEN LAND 8. CAMP OR VACATION SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. 03-6002712 4. DATE OF CLOSING 7 /�89 7. © EASEMENT 8. OTHER _ 9. OTHER 9. [:] OTHER 11. 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, Working Farmland Tax Abatement Use Value Appraisal Programs)? ❑ Yes E❑ No r-TTIMM,12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." 13. TOTAL PRICE PAID $ 14. PRICE PAID FOR PERSONAL PROPERTY $ 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 16. TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS r 17. DATE SELLER ACQUIRED 7 /2-0189 18. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS: (CONTINUE ON REVERSE SIDE) TOWN/CITY DATE OF RECORD BOOK NUMBER LISTED VALUE $ MAP AND PARCEL NOS. PAGE NO. - GRAND LIST OF 19 $ ACKNOWLEDGEMENT TOWN NUMBER RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. SIGNED DATE Form PT-1 (7/89) RATE SCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) 1. (a) $- b. Value of property enrolled in current use program (b) $-- - -- - -- - ----- - c. Value of qualified working farm (c) $ d. Add Lines 1(a), (b) and (c) (d) $.- e. Tax rate (e) $ 0.005 I. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) (f) $ 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return 2. (a) $ b. Enter amount from Line 1(d) of Rate Schedule above (b) $ c. Subtract Line 2(b) from Line 2(a) (c) $ d. Tax rate (d) $ 0.0125 e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) (e) $ 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 3. FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. -- and 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 Sellers(s) further certify 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 250), for the following reason: 1. This property is the subject of Act 250 Permit No. _ -- __ and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) E. That this transfer does/does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the Town Clerk. This transfer is in compliance with or is exempt from Vermont income tax withholding for the following reason (Check one): X 1. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate; or __— 2. Buyer(s) certify that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale; or _— 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer. 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) SIGNATURE(S) DATE SUMM R W OD SOCIATES INC_. l x�! CITY Or SOUTH BURLINGTON B - - By: Duly Authorized Agent --- Duly Aut orized Agent �.- Richard A. Spokes Pre rer's Signature Prepared by _ (Print or Type) Preparer'sAddress P.O. Box 986, Burlington, VT 05402 The Merchants Bank MAIN OFFICE: 123 CHURCH STREET, P.O. BOX 1009, BURLINGTON, VERMONT 05402-1009 802/658-3400 September 1, 1992 City of South Burlington South Burlington VT 05403 RE: Irrevocable Letter of Credit #92-042 Summer Woods Association Ladies and Gentlemen: Y Je hereby establish our IRREVOCABLE OCt`*'1BLE LET l,ER 017 CIIEDIT 1Q^ �A� � o,.,.- favor l 1�L L1 Ti'!ir'Vlf, 11l V�tla 1GlYv for the account of Summer Woods Association, 252 College St., Burlington VT 05401 up to the aggregate amount of Ten Thousand U. S. Dollars ($10,000) available by your draft(s) on us at sight for the non-performance of the landscaping. Drafts drawn under this credit must be marked, "Drawn under The Merchants Bank,123 Church Street, Burlington, VT 05401, LETTER OF CREDIT #92-042, dated September 1, 1992, and the amount and date of negotiation of each draft must be endorsed on the back hereof by the negotiating bank. This Letter of Credit expires at the close of business on September 1, 1993. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision, International Chamber of Commerce, Paris, France, Publication No. 400). We hereby agree with the drawers, endorsers, and bona fide holders of drafts drawn under and in compliance with the terms of this Credit, that such drafts will be duly honored on presentation to the drawee if negotiated or presented before the close of business on September 1. 1993. Sincerely, TETERCHANTS BANK � k 9;7� Susan D. Struble Executive Vice President SDS/pjw LETTER OF CREDIT AGREEMENT 1'IIIS AGREEMENT, in triplicate, by and between _ Summer Woods Associates, Inc. hereinafter referred to as "Developer",. the CITY OF SOUTH 1iURLINGTON, hereinafter referred to as "Municipality", and hereinafter referred to as "Bank". W I `T' N E S S E T H WHEREAS, Developer has received site plan approval from the Municipality's Planning Commission for the construction of a 38 units and a duplex lot as depicted on a plan entitled Summer Woods , dated _Jan 1989 with revisions to April 26, �91?Pepar,ed by Krebs & Lansing QQn ul tj nq Engineers ----- --- - _. and WHEREAS, Developer is required by said approval, at its own expense, to complete certain public improvements; and. WHEREAS, the parties to this agreement wish to establish a mechanism to secure the obligations of the Developer as set forth above, and WHEREAS, the Bank executes this agreement solely in the capacity of issuer of the I.,etter of Credit hereinafter specified. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will at its own expenses complete the following improvements in connection with its development: (Description of public improvements required by subdivision approval) Landscapi 2. Developer will convey to the Municipality by properly executed Warranty Deed, free and clear of all encumbrances, the roadwrtys# casements, and other public improvements prior to the Municipality 9L-Linti►Ig r.tny zoning permits to the developer. 3. The: Developer shall complete the improvements set forth in paragraph one no later- than May 19_93 J 47. The Developer shall repair or replace any faulty or defective work or improper material which may appear within one year of Completion. S. For the guaranty of Developer's performance of all requirements hereinabove set forth, Developer and Bank agree that the sum of $(Amount set by planning commission or its designee) shall be set aside and field in escrow by the Bank and shall be available for payment to the Municipality, in accordance with the terms herein set forth. 6. if the Municipality shall file with the Bank a statement that Developer is in the judgment of the Municipality in sixty (60) day default under the terms of this agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality to complete the improvements and requirements set forth in this agreement. 7. The Municipality will. promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the Developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default or, the part of the Developer or into the use of such funds by the Municipality in completing such improvements. The Municipality shall not file with the Rank a statement of default until sixty (60) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting fortis .its intention to do so. 9. All moriies rcil.eased by the Bank to the Municipality pursuant to paragraph 6 shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgment of the Municipality shall accowplish the work most expeditiously and economically. 10. If monies are released by the Bank to the Municipality pursuant to paragraph 6 and it shall. later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank. to be held and distributed by the Bank pursuant to the terms of this agreement. 11. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said -2- siatemant shall contain a certificate of 'compliance with the notice requirements of paragraph S of this agreement. 12. This agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby and tht: completion of the warranty period set forth in paragraph 4. 1.3. upon request of Developer, but only at the sole discretion of the Municipality, the Municipality may release a portion of said escrow funds if the Municipality believes that the retention of said funds is not necessary to protect its interests after a. portion of said work has been completed. Bank may release such funds only upon written consent of the Municipality. 14. Notwithstanding the provisions of paragraph 13 the sum of $_ lOr_000_�^_shall be in any event maintained in escrow until certification to the Banat by the Municipality of the completion of the warranty period set forth in paragraph 4. 15. This agreement shall. riot only be binding upon the parties herct.o, but u(:;o their respective heirs, executors, administrators, successurs and assigns. Dated this _ lst� day of AU ust 92, IN THE PRE ` NCF OF : (DEVELOPER) Its T1uly Authorized Agent CITY OF SOUTH BURLTNGTON -- --- ---c/d By: Its Duly Au horized Agent (BANK) �%�/' �� "-Z -- - B y : 4 � _-- ,�� Its 1)u & -Authorized Agent MEMORANDUM TO: Richard Ward /} FROM: Ray Belair .K J DATE: March 9, 1994 RE: Summer Woods, Larch Road & Arbor Road Acceptance I have reviewed the matter relating to the acceptance of the streets in the Summer Woods development. The orginal documents were found to be in Steve Stitzel's office. He was waiting for the developer to release the Vermont Gas easements. The release of the easements has not yet taken place. I spoke to Chuck Hafter regarding the City's position on the acceptance of the streets. He told me that any one of the following would have to take place before the City would accept these streets: 1. The release of the Vermont Gas easement, 2. Relocating all gas lines out of the r.o.w's or 3. Have all residents of the development indemnify the City. RJB/peh State of Vermont DEFERRAL OF PERMIT LAWS/REGULATIONS_ _INVOLVED: 18 V.S.A. 551218-1220 and Protection Rules, Chapter 9 3.06 Deferral of Permit PERMIT NO.: DE-4-1305-1 APPLICANT & ADDRESS: Summerwoods Associates, Inc. 252 College Street Burlington, VT 05401 Environmental 3-Subdivisions, LOCATION OF SUBDIVISION: Located off Arbor Road in the City of South Burlington. DESCRIPTION OF SUBDIVISION: Amend permit to become a 3,120 square foot lot with balance of land incorporated into EC-4-1735. CONDITIONS: (1) The deed for a parcel purchased under the provisions of this permit must include the following "Waiver of Development Rights." All subsequent deeds, leases or contracts of sale must also contain the waiver unless a subdivision permit is obtained. Notice of the purchaser's name and address must be filed with the Division of Protection. "WAIVER OF DEVELOPMENTAL RIGHT'S" "In order to comply with the State of Vermont Environmental. Protection Rules on the subdivision ol. lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or buildiria on ',�1ie ;parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and "<_taage tre itn:ent facilities or convey this land without first complying with said State regulationb. The grantee by '.c----ptance !:,t tDi;-: deed acknowledges that this lot may not qualify for approval for d e v e 1 o I-) w e n t under the appropr1at.:-, envI-,'01.1Im_1;,_<ti >r.otection or health regulations and that the State may deny an application- to develop the lot-." A I. Deferral of Permit DE-4-1305-1, Summerwoods Associates, Inc. Page 2 (2) If the parcel being acquired is to be considered for building development at some future date, the purchaser understands that the information required by Section 3-08 of the rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for recording this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Dated at Essex Junction, Vermont this 27th day of May, 1993. Jack Long, Acting Commissioner Department of Environmental Conservation IFc_ B y - J 11Z-4-4e- — Irene Roberge / Administrative Secretary r_c: For The Record City of South Burlington Krebs & Lansing t State of Vermont +�40 WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT LAWS/REGULATIONS INVOLVED CASE NO. WW-4-0612 Environmental Protection Rules APPLICANT Summerwoods Associates, Inc. Effective September 10, 1982 ADDRESS 252 College Street Burlington, VT 05401 This project, consisting of constructing a duplex with a total of 4 bedrooms on the 13,797 square foot lot referenced in Subdivision Permit EC-4-1735 located off Arbor Road, in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4C0794. 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, the Department of Labor and Industry (phone 828-2106 or 658- 2199), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. 2.) The project shall be completed as shown on the plans Project 85148.1 Sheet 2 "Final Plat -Summer Woods" dated Jan. 1989 last revised 9-18-89 and Sheet 3 :Plan -Summer Woods" dated Dec. 1988 last revised April 28, 1993 prepared by Krebs & Lansing Consulting Engineers, Inc.and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. i 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.. 4.} 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. .pa 1 Water, Supply & Wastewater Disposal WW-4-0612 Summerwoods Associates, Inc. Page 2 5.) The Protection Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. 6.) All conditions set forth in Subdivision Permit EC-4-1735 dated May 27, 1993 shall remain in effect except as modified or amended herein. WATER 7.) The project is approved for water supply by connection to the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. SEWAGE 8.) The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 600 gallons of sewage per day. Dated at Essex Jct., Vermont this 27th day of May, 1993. Jack Long, Acting Commissioner Department of Environmental Conservation By �i' Z aa1����� Ernest P. Christianson Regional Engineer cc: For the Record Town of South Burlington Planning Commission Act 250 Coordinator-FI Water Supply Division Department of Labor and Industry Krebs & Lansing Consulting Engineers, Inc State of Vermont CASE NO: APPLICANT: ADDRESS: ( ett &&4,7,- LAND USE PERMIT ADMINISTRATIVE AMENDMENT 4C0794-3 LAWS/REGULATIONS INVOLVED Summer Woods 10 V.S.A.,Chapter 151 Associates, Inc. (Act 250) and Vermont 252 College Street Environmental Protection Burlington, Vermont Rules 05401 District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0794-3 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 281, Pages 510-513 of the land records of the City of South Burlington, Vermont, as the subject of a deed to Summer Woods Associates, Inc., the "Permittee" as "Grantee". This permit specifically incorporates the following Subdivision and Water Supply and Wastewater Disposal Permits: EC-4-1735 consisting of removing the conditions of Deferral of Permit DE-4-1305 on a lot being 13,797 feet in size for the construction of a duplex referenced in Water Supply & Wastewater Disposal Permit #WW-4-0612; and EC-4-1736 consisting of removing the conditions of Deferral of Permit DE-4-1848 on so-called Lot #2, being 12,063 square feet in size for the construction of a duplex referenced in Water Supply & Wastewater Disposal Permit #WW-4-0613, located off Arbor Road in 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 #4C0794 and amendments remain in full force and effect except as amended herein. 2. This permit hereby incorporates all of the conditions of Water Supply and Wastewater Disposal Permits #WW-4-0612 & WW-4-0613 and Subdivision Permits #EC-4-1735 & EC-4-1736 issued on May 27, 1993 by the Regional Engineer, Division of Protection, Agency of Natural Resources in compliance with Vermont State Environmental Protection Rules. Page 2 Land Use Permit #4C0794-3 Summer Woods Associates, Inc. 3. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090 (b). Dated at Essex Junction, Vermont, this 9th day of June, 1993. Faith Ingulsrud, Environmental Board Coordinator for the District Commission 4C0794-3/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 #4C0794-3, by U.S. Mail, postage paid, on this 9th day of June, 1993 to the following: PARTIES: Winston Hart Summer Woods Associates, Inc. 252 College Street Burlington, Vermont 05401 Krebs & Lansing Consulting Engrs 10 Main Street Colchester, Vermont 05446 Margaret Picard, City Clerk Chair, Selectboard Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, Vermont 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, Vermont 05676 FOR YOUR INFORMATION District #4 Environmental Commission John Collins Jack Drake Thomas Durant Visser Ill West Street Essex Junction, Vermont 05452 Ernie Christianson, Regional Engineer Agency of Natural Resources 111 West Street Essex Junction, Vermont 05452 Donna Chandler Vermont Department of Health P.O. Box 70 Burlington, Vermont 05402 Dated at Essex Junction, Vermon this 9th day of June, 1993. • CS4C0794/eb Eddle Bowen State of Vermont CASE NO: APPLICANT: ADDRESS: LAND USE PERMIT ADMINISTRATIVE AMENDMENT " Jldj�l S u r�vS 4C0794-3 LAWS/REGULATIONS INVOLVED Summer Woods 10 V.S.A.,Chapter 151 Associates, Inc. (Act 250) and Vermont 252 College Street Environmental Protection Burlington, Vermont Rules 05401 District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0794-3 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 281, Pages 510-513 of the land records of the City of South Burlington, Vermont, as the subject of a deed to Summer Woods Associates, Inc., the "Permittee" as "Grantee". This permit specifically incorporates the following Subdivision and Water Supply and Wastewater Disposal Permits: EC-4-1735 consisting of removing the conditions of Deferral of Permit DE-4-1305 on a lot being 13,797 feet in size for the construction of a duplex referenced in Water Supply & Wastewater Disposal Permit #WW-4-0612; and EC-4-1736 consisting of removing the conditions of Deferral of Permit DE-4-1848 on so-called Lot #2, being 12,063 square feet in size for the construction of a duplex referenced in Water Supply & Wastewater Disposal Permit #WW-4-0613, located off Arbor Road in 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 #4C0794 and amendments remain in full force and effect except as amended herein. 2. This permit hereby incorporates all of the conditions of Water Supply and Wastewater Disposal Permits #WW-4-0612 & WW-4-0613 and Subdivision Permits #EC-4-1735 & EC-4-1736 issued on May 27, 1993 by the Regional Engineer, Division of Protection, Agency of Natural Resources in compliance with Vermont State Environmental Protection Rules. Page 2 Land Use Permit #4C0794-3 Summer Woods Associates, Inc. 3. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090 (b). Dated at Essex Junction, Vermont, this 9th day of June, 1993. BY Faith Ingulsrud, Environmental Board Coordinator for the District Commission 4C0794-3/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 #4C0794-3, by U.S. Mail, postage paid, on this 9th day of June, 1993 to the following: PARTIES: Winston Hart Summer Woods Associates, Inc. 252 College Street Burlington, Vermont 05401 Krebs & Lansing Consulting Engrs 10 Main Street Colchester, Vermont 05446 Margaret Picard, City Clerk Chair, Selectboard Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, Vermont 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, Vermont 05676 FOR YOUR INFORMATION IlDistrict #4 Environmental Commission I� John Collins Jack Drake Thomas Durant Visser 111 West Street Essex Junction, Vermont 05452 Ernie Christianson, Regional Engineer Agency of Natural Resources 111 West Street Essex Junction, Vermont 05452 Donna Chandler Vermont Department of Health P.O. Box 70 Burlington, Vermont 05402 Dated at Essex Junction, Vermon this 9th day of June, 1993. 0 CS4C0794/eb E e Bowen 7 State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council SUMMERWOODS ASSOC., INC. 252 College Street Burlington, VT 05401 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation 111 West Street Essex Jct.,Vermont 05452 Telephone # 879-6563 May 14, 1993 RE: EC-4-1735 Create a 13,797 sq. ft. lot from land approv. in WW-4-0106 & portion of DE-4-1305 located Arbor Road in SOUTH BURLINGTON, Vermont. Dear Applicant: We received your completed application for the referenced permit on 04/30/93, including a fee of $100 paid for by Check Number 2391. This application falls under the Single Lot Subdivision Program Area, and under the Performance Standards for this program area, we have 30 days of 'in- house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 days in-house, please contact this office at 879-6563. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. DE-4-1303-1 and WW-4-0106 will be issued in conjunction with EC-4-1735 n F r the Division of Protection, Irene Roberge / Administrative Secretary CC: Krebs & Lansing SOUTH BURLINGTON Planni.nq Commission Regional Offices - Ban e/Essex Jct./Pittsford/N. Springfield/St. Johnsbury State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council SUMMERWOODS ASSOC., INC. 252 College Street Burlington, VT 05401 RE: WW-4-0612 ; Construct duplex on 13,797 sq. ft. lot approved in EC-4-1735. located Arbor Road in SOUTH BURLINGTON, Dear Applicant: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation ill West Street Essex Jct.,Vermont 05452 Telephone # 879-6563 May 14, 1993 Vermont. We received your completed application for the referenced permit on 04/30/93, including a fee of $132 paid for by Check Number 2394 & 2180. This application falls under the Water/Wastewater: 501 - 1000 GPD Program Area, and under the Performance Standards for this program area, we have 45 days of 'in-house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 days in-house, please contact this office at 879-6563. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. EC-4-1735 and DE-4-1305-1 will be issued in conjunction with WW-4- 0612. F r the D Pvis,on of Protection, � i ` ec— rene L/ Ro erge Administrative Secretary CC: Krebs & Lansing SOUTH BURLINGTON Planning Commission. Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council SUMMERWOODS ASSOC., INC. 252 College Street Burlington, VT 05401 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation 111 West Street Essex Jct.,Vermont 05452 Telephone # 879-6563 May 14, 1993 RE: EC-4-1736 ; Remove DE-4-1848 for con- struction of duplex on 12,063 square foot lot. located Arbor Road in SOUTH BURLINGTON, Vermont. Dear Applicant: We received your completed application for the referenced permit on 04/30/93, including a fee of $100 paid for by Check Number 2392. This application falls under the Single Lot Subdivision Program Area, and under the Performance Standards for this program area, we have 30 days of 'in- house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 days in-house, please contact this office at 879-6563. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. Will issue WW-4-0613 in conjunction with EC-4-1736 #jpr the Division of Protection, Irene L. Robergt Administrative Secretary CC: Krebs & Lansing SOUTH BURLINGTON Planning Commission Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnshury _l State of Vermont 1 Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council SUMMERWOODS ASSOC., INC. 252 College Street Burlington, VT 05401 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation 111 West Street Essex Jct.,Vermont 05452 Telephone # 879-6563 May 17, 1993 RE: WW-4-0613 ; Construct duplex on 12,063 square foot lot approved in EC-4-1736. located Arbor Road in SOUTH BURLIGNTON, Vermont. Dear Applicant: We received your completed application for the referenced permit on 04/30/93, including a fee of $132 paid for by Check Number 2393 & 2179. This application falls under the Water/Wastewater: 501 - 1000 GPD Program Area, and under the Performance Standards for this program area, we have 45 days of 'in-house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 days in-house, please contact this office at 879-6563. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. EC-4-1736 will be issued in conjunction with WW-4-0613 For the Divis' of Protection, Irene L. Roberge Administrative Secretary CC: Krebs & Lansing SOUTH BURLIGNTON Planning Commission Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury NOTICE OF APPLICATION AND HEARING ACT 250 MINOR APPLICATION #4CO794-2 10 V.S.A., CHAPTER 151 JNotice is hereby given that on May 4, 1993, an application was lfiled by Summer Woods Associates, Inc., 252 College Street, (Burlington, VT 05401, and Summer Woods Associates, Inc., to 1'construct a duplex on a 13,797 sq. ft. lot off of Arbor Road in (South Burlington, Vermont. This application addresses condition ;#5 of Land Use Permit #4C0794. The District Environmental Commission will treat this application under Environmental Board Rule 51 -- Minor Applications (amended effective 9/1/184). A proposed permit has been prepared by the +Commission and is available at tree Commission's office. Findings iof Fact and Conclusions of Law will not be prepared unless a public hearing is requested. The request shall state in writing with specificity why a hearing is required and what additional evidence will be presented. No hearing will be convened unless, on or before June 1, 1993, a party notifies the Commission or the Commission sets the matter for hearing on its own motion. If a timely hearing request is received, the hearing will be convened on or before June 18, 1993. If you have a disability for which you are going to need accommodation, please notify us by June 1, 1993. !Parties entitled to participate are the municipality, the municipal planning commission, the regional planning commission, ,state agencies, adjoining property owners, and persons granted ;party status pursuant to Board Rule 14(B). :Dated at Essex Junction, Vermont, this fl-f%. day of May, 1993. l Uy' By Faith Ingulsrud District Coordinator 111 West Street Essex Junction, Vermont 05452 879-6563 yti State of Vermont LAND USE PERMIT AMENDMENT THIS IS A PROPOSED PERMIT: PLEASE SUBMIT YOUR COMMENTS BY June 1, 1993. CASE NO: 4C0794-2 LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 APPLICANT: Summer Woods (Act 250) Associates Inc. ADDRESS: 252 College Street Burlington, VT 05401 District Environmental Commission ##4 hereby issues Land Use Permit Amendment #4C0794-2, pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 281, Page's 510-513, of the land records of the city of South Burlington, Vermont, as the subject of a deed to Summer Woods Associates, the "Permittee" as "Grantee". This permit specifically authorizes the Permittee to construct a duplex on a 13,797 square foot lot off of Arbor Road in South Burlington, Vermont. This application satisfies condition #5 of Land Use Permit #4C0794. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C0794 and amendments are in full force and effect except as amended herein. 2. The project shall be completed, operated and maintained as set forth in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 3. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit. Land Use Permit #4CO794-2 Page 2 4. By acceptance of this permit, the allow representatives of the State property covered by the permit, at purpose of ascertaining compliance environmental and health statutes this permit. Permittee agrees to of Vermont access reasonable times, with Vermont and regulations and to the for the with 5. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for itself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. 6. This permit hereby incorporates all of the conditions of the Subdivision/Water Supply and Wastewater Disposal Permit # issued on by the Regional Engineer, Division of Protection, Agency of Natural Resources. 7. 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. 8. The Permittee shall comply with Exhibits #4 and #13 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. From October 1 to April 15 of any calendar year, all disturbed areas of the construction site shall be mulched until final vegetative cover is established. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and. impose additional conditions with respect to erosion control as it deems necessary. 9. In addition to conformance with the requirements of condition #8, 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. 10. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Land Use Permit #4CO794-2 Page 3 Exhibit #5 by replacing any dead or diseased plantings as soon as seasonably possible. 11. No exterior signs or lighting shall be installed without the prior written approval of the District Commission. 12. All heated structures approved herein shall be constructed with insulation with an R-Value of at least R-19 in the exterior walls, at least R-38 in the roof or cap and at least R-10 to a depth of four feet below grade around the foundation or slab. 13. The installation and/or use of electric resistance space heating is specifically prohibited without the prior written approval of the District Environmental Commission. 14. All construction on this project must be completed by October 1, 1995. 15. This permit shall expire on October 1, 2023 unless extended by the District Commission. Notwithstanding the latter date, this permit shall expire two years from date of issuance if substantial construction has not occurred, unless construction is delayed by litigation to secure other permits. 16. 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 0 Faith Ingulsrud District Coordinator day of 1993. John Collins, Chairperson District #4 Commission Commission members participating in this decision: John C. Drake Thomas D. Visser Districts #1 & #8 R.R. #2, Box 2161 Pittsford, VT 05763 (802) 483-6022 Districts #2 & #3 R.R. #1, Box 33 N. Springfield, V r 05150 ,(802) 886-2215 Districts #4, #6 & #9 111 West Street Essex Junction, VT 05452 (802) 879-6563 STATE OF VERMONT Environmental Board District Environmental Commission MEMORANDUM TO: All Parties FROM: Faith Ingulsrud, District Coordinator DATE: May 6, 1993 ❑ District #5 324 North Main Street Barre, VT 05641 (802) 479-3621 El District #7 184 Portland Street St. Johnsbury, VT 05819 (802) 748-8787 Environmental Board Office 120 State Street Montpelier, VT 05620-3201 (802) 828-3309 SUBJECT: Land Use Permit application #4C0794-2, Summer Woods duplex in South Burlington, Vermont Enclosed for your review is a copy of the proposed land use permit for the above referenced project. As indicated in the Notice of Application and Hearing, this application is being processed as a "Minor" pursuant to Environmental Board Rule 51 (as amended on September 1, 1984) and no hearing will be held unless specifically requested. Any hearing held at the request of a party would only be for the purpose of considering issues raised by the requesting party under the appropriate criteria of Act 250. Because this proposed permit has been prepared based upon consultations with only the Chairman of the District Commission, it is subject to further revision or amendment after review by the full District Commission. The 60 day deadline for issuance of a Land Use Permit set forth in 10 V.S.A. 6085(d) shall be deemed waived until such information is filed, unless written objection is filed with the Commission on or before June 1, 1993. If you have any questions regarding this proposed permit or the "Minor" application procedure being used to process this application, do not hesitate to contact me at the District #4 Environmental Office (telephone #879-6563). CERTIFICATE OF SERVICE I hereby certify that I, Katherine Cooper, Secretary C for the Environmental Board, sent a copy of the foregoing Notice of Application and Hearing ACT 250 Minor Application #4C0794-2 by U.S. Mail, postage paid, on this 7th day of May, 1993 to the following: Winston Hart Summer Woods Associates, Inc. 252 College Street Burlington, VT 05401 Krebs & Lansing Consulting Engineers, Inc. 10 Main Street Colchester, VT 05446 Margaret Picard, City Clerk Chair, Selectboard Chair, City Planning Commission 575 Dorset Street So. Burlington, VT 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Jct., VT 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 So. Main Street - 2 Center Waterbury, VT 05676 I FOR YOUR INFORMATION District #4 Environmental Commission: John Collins Jack Drake Thomas Durant Visser 111 West Street Essex Jct., VT 05452 Tom Gould, District Conservationist Soils Conservation Service 12 Marketplace, Unit 9 Essex Jct., VT 05452 Tom Bushey, Chairman, N.R.C.D. 41 Pond Road Shelburne, VT 05482 William Hall, County Forester Larry Garland, District Fish & Wildlife Coordinator Agency of Natural Resources 111 West Street Essex Jct., VT 05452 Page #2 Certificate of Service #4C0794-2 Burlington Free Press Classified Ad Section 191 College Street Burlington, VT 05401 Stuart Slote, Energy Engineer Dept. of Public Service Energy Efficiency Division State Office Building Montpelier, VT 05620 David W. Grimason Green Mountain Power Curp. P.O. Box 850 So. Burlington, VT 05402-0850 Scott Albertson Vermont Gas Systems P.O. Box 467 Burlington, VT 05402 ADJOINING LANDOWNERS AND INTERESTED PARTIES Terry & Mary Shepard 131 Patchen Road So. Burlington, VT 05403 Precourt Investment Co. 21 Maple Leaf Lane Shelburne, VT 05482 Charles N. & Janet B. Perkins 1184 Williston Road So. Burlington, VT 05403 Charles N. Perkins (Trustee) 1184 Williston Road So. Burlington, VT 05403 Rene D. & Linda L. LeBerge 1234 Williston Road So. Burlington, VT 05403 The Overlake Day School of VT dba The Children's School 173 Patchen Road So. Burlington, VT 05403 Page #3 Certificate of Service #4C0794-2 Robert Harton 85 Maple Street Essex Jct., VT 05452 Randall G. Munson 366 Dorset Street So. Burlington, VT 05403 Walt Levering Tygare Properties 1076 Williston Road So. Burlington, VT 05403 Dated at Essex Jct., Vermont this 7th day of May, 1993. a herine Cooper 4C0794-2.CS KREBS & LANSING Consulting Engineers, Inc. 10 Main Street Colchester, VT 05446 Telephone (802) 878-0375 April 29, 1993 Lou Borie District Coordinator District Environmental Commission #4 State of Vermont 111 West Street Essex Junction, VT 05452 RE: Duplex Lot Summer Woods Patchen Road, South Burlington (Land Use Permit #4CO794) Dear Lou: Please find enclosed an amendment application and plans for the duplex lot at Summer Woods. The original land use permit conditioned that the duplex be reviewed under Criteria #4 and #8 when constructed. We have enclosed necessary documentation and are requesting approval as soon as possible. An application to include this lot in the original water and wastewater permit for Summer Woods is being sent to Ernie Christianson. Please call if you have any questions or comments. Sincerely, i A /'YJO4 E William H. Nedde III WHN/sbh enclosure cc: Chip Hart Dick Spokes borie:vp#7 ...................... l....................... ACT 250 .file number date received LAND USE PERMIT .[ ] complete ( ] incomplete init. APPLICATION .date completed 10 VSA, CHP. 151 .coordinator or clerk signature: ...............OFFICE USE ONLY.................. S NAMES: PROJECT NAME: SUMMER WOOD 1. Applicant(s) name Winston Hart Address Summer Woods Associates, Inc. 252 College Street, Burlington, VT 05401 Phone 864-4200 Legal form: [ ] individual [ ] partnership (attach list of partners) [X] corporation: date formed 6/22/89 place formed Burlington date reg. in Vt. [ ] municipal gov't [ ] state gov't Legal interest in land: [X] ownership in fee simple ( ] lease agreement [ ] contract to purchase [ ] other: 2. Landowner(s) name Summer Woods Associates, Inc. Address 252 College Street Burlington, Vermont 05401 Phone 864-4200 3. Contact person Winston Hart Address 252 College Street Burlington, VT 05401 Phone 864-4200 PROJECT DESCRIPTION: 4. Type: [ ] new project [ ] expansion of project previously exempt from Act 250 [A amendment of existing Act 250 project (permit # 4.C794 ) [ ] permit condition modification (permit # ) 5. General description (include number and size of buildings; use of buildings; number of lots; length of roads;'etc,): Construction of duplex on a 13,797 square foot lot. 6. Construction duration April 1993 - October 1994 Duration of Permit Request 30 Years LAND: 7. Total acres owned or controlled by applicant and landowner at project site 10 acres Acres in additional easements or rights -of -way 17 (to be taken over by City-T Acres committed to this project 0.3 acres Location: town So. Burlington road Arbor Road route number Nearby landmark Williston Road/Patchen Road Intersection Distance from landmark 1,500 feet Direction from landmark North 8. Deed(s): grantee's name as recorded Summer Woods Associates, Inc. recorded: book(s) 281 page(s) 510-513 date(s) 7/20/89 town So. Burlington county Chittenden 3/89 : 250APPL.DOC OTHER INFORMATION: 9. . Are you concurrently applying for a Water Supply and Wastewater Disposal Permit, a Subdivision Permit, or any other permit from the Protection Division of the Agency of Natural Resources? [X] yes [ ] no 10. Have you received local zoning and/or subdivision approval? [X] yes [ ] pending [ ] none needed 11. Attach the following unless waived by the District Coordinator: [X] location map (U.S. Geological Survey map preferred) [X] site plan or plot plan (see instructions) [X] building floor plan(s) (excluding single family homes) [X] building elevation drawings (excluding single family homes) [X] schedule A - fee information [X] schedule B - Act 250 information (see instructions) [X] schedule C - Water Supply and Wastewater Disposal Permit information (if concurrent application) [ ] schedule D - Subdivision Permit information (if concurrent application) [ ] schedule E - adjoiner information [ ] schedule F - certification of service [X] supporting documents as recommended in Schedule B or as needed [X] Act 250 fee (payable "State of Vermont") [ ] Water Supply and Wastewater Disposal or Subdivision application fee (payable "State of Vermont") (if concurrent application) SIGNATURES: 12. I hereby swear that the info �ationbove or attached to this application is true and accurate to th e. Signature of applicants) date 13. I hereby certify that I understand that I must not commence construction, demolition, remodeling or commercial use of the property as described in Environmental Board Rule 2(C) until I have recei ed an Act 250 Land Use Permit as required by 10 VSA Sec. 6083(a). Signature of applicants) date 14. I hereby authorize the processing of this application for the above project on land(s) that I own, control, or have significant property interest in. (attach letter if easier) Signature of landowner s ) 7 date 1 2-9 DISTRIBUTION: 15. SUBMIT THE`ORIGINAL AND FIVE COPIES TO THE DISTRICT COORDINATOR. 16. SUBMIT TWO ADDITIONAL COPIES TO THE DISTRICT COORDINATOR IF YOU ARE ALSO APPLYING FOR PERMITS FROM THE PROTECTION DIVISION. 17. SUBMIT ADDITIONAL COPIES TO THE MUNICIPALITY, MUNICIPAL PLANNING COMMISSION, REGIONAL PLANNING COMMISSION, AND TO ANY ADJOINING MUNICIPALITIES AND PLANNING COMMISSIONS. SUMMER WOODS ASSOCIATES, INC. DUPLEX LOT, ARBOR ROAD, SOUTH BURLINGTON Criterion #4, Erosion Control The erosion potential of the duplex site is very small. The slope of the land is relatively flat. The lot is wooded and the soils are very sandy and therefore tend to infiltrate rainwater instead of creating surface runoff. Down gradient of the proposed disturbed area is the access road which is curbed and paved. The erosion controls and construction sequence shall be as follows: 1. The Engineer shall roughly stakeout the envelope of the building. The Owner shall use this envelope to establish clearing limits for the site Contractor. 2. At this point, the shrubs and trees within the construction limits will be cleared. All shrubs and trees cleared shall be removed from the site. 3. Silt fence shall be established along the clearing limit in areas of concentrated flows as determined by Engineer. 4. During construction and until the driveway is paved, the catch basins will be protected with filter fabric between the frame and grate, and hay bales perimeter dam. 5. The site Contractor shall clear and grub the site. All stumps shall be removed from the site to a state or city approved stump disposal location. 6. All excess material and topsoil shall be stockpiled on the duplex lot. These stockpiles shall be surrounded by hay bale erosion control dams and shall be seeded and mulched to minimize erosion potential. 7. After the building foundation is constructed, water and sewer shall be extended to the building. 8. As disturbed areas are graded and topsoiled, they will be seeded and mulched immediately to reduce the erosion potential of the soil. 9. Stabilization and turf establishment on any disturbed soils shall be done soon after fine grading. 10. When erosion control measures are deemed no longer necessary, all materials detained, including silts and construction runoff debris, shall be collected and disposed of in a manner acceptable to the Engineer and the City of South Burlington. Criterion #4, Erosion Control (contd.) 11. Patch Road and Arbor Road shall be kept clear and clean of sediment. The Contractor shall sweep these roads as necessary. 12. The duplex site will be seeded and mulched before October 15, 1993. 13. The duplex lot coverage was accounted for in the existing Stormwater Discharge Permit. EROSNCNTRL/WP/7 Summer Woods Associates, Inc. Duplex Lot, Arbor road., So. Burlington Criterion #8 Aesthetics The developer has decided to go forward with the development of this property by construction of a two unit building. The lot fronts Arbor Road, built to serve the Summer Woods project, and abuts another duplex lot owned by the developer as well as the Melna Concrete property. Wherever possible, existing vegetation will be preserved. Landscaping will be done in accord with the Summer Woods project. Siting of the building will be done in accordance with City zoning set -back and sideline regulations. Arbor Road is a city street. Lighting has been installed at the intersection of Arbor and Larch Roads. No additional lighting is required. Street trees will be installed in accord with City requirements. The exterior (and interior) design and finishes, meaning to include color, of the two units will be the same as the "D" unit at Summer Woods. A photo is attached. SCHEDULE E Adjoiner Information Submit with the application a list of all adjoining landowners with mailing addresses. An "adjoiner" is a person or organization which owns or controls land or easements on lands which physically abut the tract or tracts of land on which your project is located. Be certain to include landowners on the opposite sides of highways, railways, and rivers (unless you can prove the highway is owned in fee by the state or municipality). Also include homeowner associations, utility companies, and others with significant legal interest in the project land. It is very helpful if you indicate the location of each adjoiner on your site plan. If you do not provide a list which is thorough and up-to-date, your application could be delayed because of improper notice distribution! NAME MAILING ADDRESS WITH ZIP CODE Terry & Mary Shepard 131 Patchen Road, South Burl i„grnn, VT 094LOI Precourt Investment Company, 21 Maple Leaf Lane, Shelburne, VT 05482 Charles N. & Janet B. Perkins, 1184 Williston Road, South Burlington, VT 05403 Charles N. Perkins (Trustee), 1184 Williston Road, South Burlington, VT 05403 Rene D. & Linda L. LeBerge, 1234 Williston Road, South Burlington, VT 05403 The Overlake Day School of VT, dba The Children's School, 173 Patchen Road, South Burlington, VT Robert•Harton (Melna), 85 Maple Street, Essex Junction, VT 05452 05403 Randall G. Munson, 366 Dorset Street, South Burlington, VT '05403 Tygake Properties (Walt Levering), 1076 Williston Road, South Burlington, VT 05403 Attach additional sheets if necessary 3/89 : SCHEDE.DOC w KREBS & LANSING CONSULTING ENGINEERS, INC. 10 Main Street COLCHESTER, VERMONT 05446 sUr�tM�f� k1 oo�S 41 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 17, 1991 Mr. Winston W. Hart 252 College Street Burlington, VT 05401 Re: Legal Documents Summer Woods Dear Chip: ZONING ADMINISTRATOR 658-7958 As you are aware, the original offer of Dedication along with the deeds were located at Attorney Stitzels's office. It seems that Vermont Gas has a utility easement within the street right-of-way which creates a problem. Attorney Stitzel informs me that Vermont Gas would be required to release the easement prior to the City accepting the deeds. Please advise your attorney to contact Attorney Adam Bridge at Stitzel's office. They should be able to resolve this matter. Once the documents are amended and signed they should be forwarded to this office. Thanks Very truly, Richard Ward Zoning Administrative Officer RW/peh SLR w1 P , 4✓ d � V�j RICHARD A. SPOKES JAMES D. FOLEY RICHARD F. PETERSON, JR. Mr. Joseph Weith City Planner 575 Dorset Street South Burlington, Re: Summer Woods Dear Joe: SPOKES, FOLEY & PETERS® ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 VT 05403 May 30, 1989 I enclose drafts of the following: I. Offer of Dedication with exhibits. 2. Warranty Deed to Arbor Road with Transfer Return. 3. Warranty Deed to Larch Road with Transfer Return. 4. Pedestrian Easement Deed with Transfer Return. 5. Drainage Easement Deed with Transfer Return. (802) 862-6451 (802)863-2857 TELECOPIER (802) 863-2859 We are unable to prepare the Declaration and other condominium documents until the final architectural designs are completed. Pursuant to our telephone conversation of several weeks ago, I will present to the City before recording, the executed Declaration of Condominium. The Declaration will contain the required provisions relating to use of the garages. By copy of this letter, I am sending to Mr. Stitzel drafts of the proposed documents. Unfortunately, we must record the final plat by June 3rd, and thus, I ask both of you, if possible, to let me know any changes in the documents which you deem appropriate. I apologize for the late submittal, but'we were delayed by the Act 250 review and finalizing some engineering work required by the Planning Commission's final approval. Lastly, I should point out that the street deeds do not contain metes and bounds descriptions. The surveyor cautioned against attempting metes and Mr. Joseph Weith May 30, 1989 Page 2 bounds descriptions with the number of curves. I concur since incorporating the plan by reference will eliminate the possibility of errors. Please don't hesitate to call if you have any questions. Ve r trul yours, Richard A. Spokes RAS:mil Enclosures CC: Steven F. Stitzel, Esq. IRREVOCABLE OFFER OF DEDICATION AGREEMENT by and between JOHN H. OSGOOD and WINSTON W. HART, hereinafter referred to as "Owner" and the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality". W I T N E S S E T H: WHEREAS, the Municipality's Planning Commission has approved a final subdivision plat entitled "Final Plat Summer Woods, Patchen Rd., South Burlington, Vermont" dated Jan. 1989, last revised April 26, 1989 and prepared by Krebs & Lansing Consulting Engineers, Inc.; and WHEREAS, the final approval of the Planning Commission contains a condition that the Owner convey to the Municipality the streets within the development and a pedestrian right of way; and WHEREAS, the above described lands and/or interests therein are to be dedicated to the Municipality free and clear of all encumbrances, pursuant to said final approval and final plat; and WHEREAS, the Owner has delivered to the Municipality appropriate deeds of conveyance for the above described lands and/or interests therein. NOW, THEREFORE, in consideration of the final approval of the Municipality's Planning Commission and for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner herewith delivers to Municipality a deed or deeds of conveyance, the descriptive portions of which are attached as Exhibits A, B and C, said delivery constituting a formal offer of dedication to the Municipality to be held by the Municipality until the acceptance or rejection of such offer of dedication by the legislative body of the Municipality. SPOKES. FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON. VERMONT 2. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the Municipality in whole or 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. Dated this day of , 1988. IN THE PRESENCE OF: By: STATE OF VERMONT CHITTENDEN COUNTY, SS. JOHN H. OSGOOD, Owner WINSTON W. HART, Owner CITY OF SOUTH BURLINGTON Its City Manager and Duly Authorized Agent At , in said County, this day of May, 1989, personally appeared JOHN H. OSGOOD and WINSTON W. HART, and they acknow- ledged the within instrument, by them signed, to be their free act and deed. Before me, STATE OF VERMONT CHITTENDEN COUNTY, SS. Notary Public At South Burlington, in said County, this day of May, 1989, personally appeared WILLIAM SZYMANSKI, City Manager and duly authorized agent of the City of South Burlington, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of the Municipality. Before me, Notary Public SPOKES, FOLEY & PETERSON -2- ATTORNEYS AT LAW BURLINGTON. VERMONT Arbor Road as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised April 26, 1989 by Krebs & Lansing Consulting Engineers, Inc., and recorded in Map Volume at Page of the Land Records of the City of South Burlington. The conveyance herein includes the watermains and sewerlines within Arbor Road, but specifically does not include any connecting or service lines outside the boundaries of Arbor Road. The parcel of land herein conveyed is subject to utility easements of record. The within Grantors, for themselves and their heirs and assigns, agree that they will accept a conveyance of the cul-de-sac from the within Grantee, City of South Burlington, at such time as Arbor Road is extended to adjoining property to the north. Upon acceptance of a deed conveying the cul-de-sac, the within Grantors, for themselves and their heirs and assigns, shall assume all responsibility for the repair, maintenance and replacement of said cul-de-sac. The within Grantors, for themselves and their heirs and assigns, reserve an easement for the repair, maintenance and replacement of that portionof the sewer force main which lies within Arbor Road and connects to a sewage pumping station, and should Arbor Road be affected by the exercise of this reserved easement, the within Grantors, for themselves and their heirs and assigns, agree to promptly restore it to its condition prior to such entry, at their cost. Being a portion of the lands and premises conveyed to the within Grantors by the Warranty Deed of William R. Shearer, dated May 1989 and recorded in Volume at Page of said Land Records. Reference is hereby made to the above -mentioned instruments and the records thereof, and the references therein made all in further aid of this description. i EX A 1C>IT C3 Larch Road as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised April 26, 1989 by Krebs & Lansing Consulting Engineers, Inc., and recorded in Map Volume at Page of the Land Records of the City of South Burlington. The conveyance herein includes the watermains and sewerlines within Larch road, but specifically does not incude any connecting or service lines outside the boundaries of Larch road. The conveyance herein also includes a 10 foot by 10 foot easement around the fire hydrant which lies adjacent to and southerly of Larch Road. The parcel of land herein conveyed is subject to utility easements of record. The within Grantors, for themselves and their heirs and assigns, reserve an easement for the repair, maintenance and replacement of that portion of the sewer force main which lies within Larch Road and connects to a sewage pumping station, and should Larch Road be affected by the exercise of this reserved easement, the within Grantors, for themselves and their heirs and assigns, agree to promptly restore it to its condition prior to such entry, at their cost. Being a portion of the lands and premises conveyed to the within Grantors by the Warranty Deed of William R. Shearer, dated May 1989 and recorded in Volume at Page of said Land Records. Reference is hereby made to the above -mentioned instruments and the records thereof, and the references therein made all in further aid of this description. -'.j . --t I A strip of land fifteen (15') feet in width, to be used as a pedestrian easement, as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised April 26, 1989 by Krebs & Lansing Consulting Engineers, Inc. and recorded in Map Volume at Page of the Land Records of the City of South Burlington, and being more particularly described as follows: The easement herein conveyed shall be located along the existing trail which proceeds in a general northwesterly and northerly direction from property owned by the within Grantee, City of South Burlington, to property now or formerly of R. Munson, all as depicted on the aforementioned plan, and the centerline of said easement shall be deemed to be the centerline of the pedestrian path or trail once it is permanently located. The within Grantors, their heirs and assigns, shall have the right to make use of the surface of the land subject to this right of way and easement such as shall not be inconsistent with the use of said right of way, but specifically shall place no structures, landscaping or other improvements within said easement and right of way which shall prevent or interfere with the within Grantee's ability to use, repair, replace and/or maintain said pedestrian easement. The within Grantee agrees that it shall strive to construct and maintain said pedestr' pathway in as natural a state as possible to blend with the surrounding area, and the within Grantee shall be solely responsible for the maintenance, replacement, upkeep and repair of any pedestrian path created or installed. The within Grantee, and its successors and assigns, shall hold the within Grantors and their heirs and assigns, harmless from any and all damage or claims which arise on account of the public use of the pedestrain easement herein conveyed. This conveyance is subject to the condition that no motorized or vehicular traffic including, but not limited to, motorcycles, trailbikes, snowmobiles or any other motorized traffic shall be allowed to utilize the pedestrian easement and such condition shall run with the land. Reference is hereby made to the above mentioned plan and the records thereof, and the references therein made all in further aid of this description. Being a portion of the lands and premises conveyed to the within Grantors by the Warranty Deed of William R. Shearer, dated May _, 1989 and recorded in Volume _ at Page of said Land Records. an EXH1Orr' D DRAINAGE EASEMENT KNOW ALL KEN BY THESE PRESENTS, that JOHN H. OSGOOD of Waitsfield, in the County of Washington and State of Vermont and WINSTON W. HART of Burlington, in the County of Chittenden and State of Vermont (Grantors), for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents do GIVE, GRANT, SELL, CONVEY and CONFIRM unto the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden, State of Vermont (Grantee) and its successors and assigns, easements in perpetuity for the purpose of installing, repairing, maintaining, restoring and/or replacing stormwater drainage lines, together with all appurtenances thereto, in those areas identified as: "15" PVC Storm", "24 PVC Storm", and "24 Storm" on a plan entitled "Plan Summer Woods, Patchen Road, South Burlington, Vermont," Drawing No. 3, dated Dec. 1988, last revised February 9, 1989; and being a portion of the land and premises conveyed to the within Grantors by the Warranty Deed of William R. Shearer, dated May _, 1989 and recorded in Volume at Page of the Land Records of the City of South Burlington. The easements herein conveyed shall be deemed to be twenty feet (20') in width, the centerlines of which will be the centerline of the stormwater drainage lines once installed. Grantors, and their heirs and assigns, shall have the right to make use of the surface of the land subject to this right of way easement such as shall not be inconsistent with the use of the easements by the within Grantee, but specifically shall place no structures or other improvements within said easements which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW SURLINOTON. VERMONT BUSHED BT FORM 1911 - VERMONr WARRANTY DEED AU-D. VER-T 057O1 �Rltjaw ait Awl urn Elt H i JOHN H. OSGOOD of Waitsfield in the County of Washington and State of Vermont and WINSTON W. HART Of South Burlington in the County of Chittenden and State of Vermont Grantors , in the consideration of -----------------------------ONR or more---------------------- ----- Dollars paid to their full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation of in the County of Chittenden and State of Vermont Grantee by these presents, do freely (Sinr. (grunt. Srll. Monoru Anb Tonfirm unto the said Grantee the CITY OF SOUTH BURLINGTON, and its successors and assigns "&xxxxxxxxxxx*x forever, a certain piece of land in the CITY OF SOUTH BURLINGTON in the County of Chittenden and State of Vermont, described as follows, viz: Arbor Road as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised April 26, 1989 by Krebs & Lansing Consulting Engineers, Inc., and recorded in Map Volume at Page _ of the Land Records of the City of South Burlington. The conveyance herein includes the watermains and sewerlines within Arbor Road, but specifically does not include any connecting or service lines outside the boundaries of Arbor Road. The parcel of land herein conveyed is subject to utility easements of record. The within Grantors, for themselves and their heirs and assigns, agree that they will accept a conveyance of the cul-de-sac from the within Grantee, City of South Burlington, at such time as Arbor Road is extended to adjoining property to the north. Upon acceptance of a deed conveying the cul-de-sac, the within Grantors, for themselves and their heirs and assigns, shall assume all responsibility for the repair, maintenance and replacement of said cul-de-sac. The within Grantors, for themselves and their heirs and assigns, reserve an easement for the repair, maintenance and replacement of that portionof the sewer force main which lies within Arbor Road and connects to a sewage pumping station, and should Arbor Road be affected by the exercise of this reserved easement, the within Grantors, for themselves and their heirs and assigns, agree to promptly restore it to its condition prior to such entry, at their cost. Being a portion of the lands and premises conveyed to the within Grantors by the Warranty Deed of William R. Shearer, dated May _, 1989 and recorded in Volume at Page of said Land Records. Reference is hereby made to the above -mentioned instruments and the records thereof, and the references therein made all in further aid of this description. Lp haur atib to 3: OR _ said granted premises, w all the privileges and ap- purtenances thereof, to the said Grantee, CITY OF SOUZn BURLINGTON, its successors and assigns AxMVdxdt to their own use and behoof forever; ,find the said Grantors, JOHN H. OSGOOD and WINSTON W. HART for themselves and their heirs, executors and administrators, do covenant with the said Grantee CITY OF SOUTH BURLINGTON, its successors and assigns xh.dmx=dx)xaips, that until the ensealing of these presents they are the sole owners of the premises, and have -dood KLMt and title to conve74 the same in manner aforesaid, that they are .free Nrow Eaerg £nruntbranrr: except as stated above; and they hereby engage to Warrant Anb 19dinb whatever, except as stated. litl Witnest3 11hereuf. we this day of '1jit �reyeitcc o the same against all lawful claims hereunto set our hand and seal ✓1. D. 19 89 tale Of Vermaitt, ,qt Burlington this ee. (ffuunip of Chittenden day of .4. D. 1989 JOHN H. OSGOOD and WINSTON W. HART personally appeared, and they acknowledged this instrument, by them sealed and Subscribed, to be their free act and deed. Before me rn 00 117 9 ►u U O �Y w J U Notary Public � o W Q � O w o � Y W U z U_ O U O U z Q 0 W Q a w w W O Cr O w F_ V) ir o Q 0 0 W a o Z U) cC LU .. O m Uj m o �t a C O O O O .-. c x 25 25 W--'8 E "j L�O> Ufa 6 O W N Y O m a co VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. John H. Osgood Box 1037, Waitsfield, VT 05673 Winston W. Hart Allen Agency R.E., 252 College Street'. Burlington, VT 05401 2. BUYER (TRANSFEREE) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. City of South Burlington 575 Dorset Street 103-6002712 South Burlington, VT 05403 • ' 3. PROPERTY LOCATION (Address in full) 4. DATE OF CLOSING Arbor Road, South Burlington 5. INTEREST IN PROPERTY (Fee Simple, Life Estate, Perpetual Easement, Etc.) XRIEX KXIXg1i3f MKKXXJtRiXXXX KXXXXXXXi: gMifIY III Fee Simple 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. © NONE 5. BARN 9. STORE 2. FACTORY 6. APARTMENT WITH (NUMBER) DWELLING UNITS 10. ❑ OTHER 3. HOUSE 7. MOBILE HOME 4. CAMP/„0AMET1ON 8. CONDOMINIUM WITH (NUMBER) DWELLING UNITS CHECK WHETHER THE BUILDINGS WERE ❑ NEVER OCCUPIED D PREVIOUSLY OCCUPIED SIM 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. PRIMARY RESIDENCE 3. ❑ OPERATING FARM 5. ❑ COMMERCIAL 7. ❑ INDUSTRIAL 9. OTHER 2. TIMBERLAND 4. ❑ GOVERNMENT USE 6. D OPEN LAND S. CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ OPERATING FARM 5. COMMERCIAL 7. ❑ INDUSTRIAL 9. ❑ OTHER 2. ❑ TIMBERLAND 4. ❑ GOVERNMENT USE 6. [:3 OPEN LAND 8. CAMP OR VACATION 11. 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, Working Farmland Tax Abatement Use Value Appraisal Programs)? Yes ® No • 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." #2 13. TOTAL 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, ENTER FAIR MARKET PRICE PAID $ _ VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR $ PERSONAL PROPERTY $ _ •. . 16. TAX DUE: Enter amount from rate schedule on reverse side. $ 17. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS: #1 (CONTINUE ON REVERSE SIDE) ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER PAGE NO. PAID. LISTED VALUE $ GRAND LIST OF 19 MAP AND PARCEL NOS. SIGNED CLERK DATE Form PT-1 (7,'88) 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) b. Value of property enrolled in current use program c. Value of qualified working farm d. Add Lines 1(a), (b) and (c) e. Tax rate f. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return b. Enter amount from Line 1(d) of Rate Schedule above c. Subtract Line 2(b) from Line 2(a) d. Tax rate e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 0.005 2. (a) S — (b) S (c) S (d) $ 0.0125 (e) $ 3. Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and 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 Sellers(s) further certify 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 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) E. That this transfer does does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must beattached to this return before filing with the Town Clerk. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, ISTRUE, CORRECT AND COMPLETETO THE BESTOF OUR KNOWLEDGE. SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE CITY OF SOUTH BURLINGTON JOHN H. OSGOOD By: WINSTON W. HART Its Duly Authorized Agent Preparer'sSignature _ PMmmdby Richard A.SDokes, Est_ Print or Type) Preparer'sAddress P-O,—Box 986, Burlington, VT 05402 NOTE: Residents. Part -Year Residents, Non -Residents — If you realized a gain on the sale of your property that was included in your Federal Adjusted Gross Income, A Vermont Income Tax Return must be filed. Deliver the original and one copy of the Property Transfer Tax Return to the town clerk with payment of any tax due. Make checks payable to the Vermont Department of Taxes. The town clerk will forward the original return and payment to the Department of Taxes and retain a copy of the return at the town clerk's office. If the transfer creates a partition or division of land, you must append an Act 250 Disclosure Statement to the town clerk's copy of the Property Transfer Tax Return. The town clerk will acknowledge receipt of the Act 250 Disclosure Statement on the face of the Property Transfer Tax Return. You are not required to file the Act 250 Disclosure Statement with the Department of Taxes. .UBli5NE0 BY FORM 1911 - VERMONT WARRANTY DEED RUTIMD. vERMORT OB)OI nov till f P " Pit Elt U i JOHN H. OSGOOD of Waitsfield in the County of Washington and State of Vermont and WINSTON W. HART Of South Burlington in the County of Chittenden and State of Vermont Grantors , in the consideration of -------------------------------------ONE or more---------------------------- Dollars paid to their full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation W in the County of Chittenden and State of Vermont Grantee by these presents, do freely Giinr. %rant. Sr!!. (datum Anb Mardirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns x=j1xxxxxxxxxxxxamradxz forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Larch Road as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington, Vermont" dated Jan. 1989, last revised April 26, 1989 by Krebs & Lansing Consulting Engineers, Inc., and recorded in Map Volume at Page _ of the Land Records of the City of South Burlington. The conveyance herein includes the watermains and sewerlines within Larch road, but specifically does not incude any connecting or service lines outside the boundaries of Larch road. The conveyance herein also includes a 10 foot by 10 foot easement around the fire hydrant which lies adjacent to and southerly of Larch Road. The parcel of land herein conveyed is subject to utility easements of record. The within Grantors, for themselves and their heirs and assigns, reserve an easement for the repair, maintenance and replacement of that portion of the sewer force main which lies within Larch Road and connects to a sewage pumping station, and should Larch Road be affected by the exercise of this reserved easement, the within Grantors, for themselves and their heirs and assigns, agree to promptly restore it to its condition prior to such entry, at their cost. Being a portion of the lands and premises conveyed to the within Grantors by the Warranty Deed of William R. Shearer, dated May _, 1989 and recorded in Volume at Page of said Land Records. Reference is hereby made to the above -mentioned instruments and the records thereof, and the references therein made all in further aid of this description. Vo liatir and to li, — said granted premises, ^ h all the privileges and ap- purtenances thereof, to the said Grantee the CITY OF SOUTH BURLINGTON, its successor *.dxand assigns, to their own use and behoof forever; 4nd the said Grantors, JOHN H. OSGOOD and WINSTON W. HART for themselves and their heirs, executors and administrators, do covenant with the said Grantee the CITY OF SOUTH BURLINGTON, its successors and assigns xtatmyamjta=tpx, that until the ensealing of these presents they are the sole owners of the premises, and have ifood ri-$ht and title to convey the same in manner aforesaid, that they are Nrtt Prom Eutrg Enrumbrunrt: except as stated above; and they hereby engage to VINTent And atfind whatever, except as stated. it Wittnroo Vhrrrof. they this day of f it If re!5 e it ce o the same against all lawful claims hereunto set their hand and seal .1. D. 1989 BtBtt (Of 11trumt, Burlington this se. Qlpuntp of Chittenden dal! of .4• D. 1989 JOHN H. OSGOOD and WINSTON W. HART personally appeared, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. H A 0 O U rn 0 E Before me rn 00 W LL- O W J U O U W 0 W W U W Notary Public j Z O U Y O ►d Q:00 M W W O U LU .- � z J W o z LA_ 0 IL C cif orno }'c x O LU o$ E Ot 0 Y Z Qn LL Q a c O W W O W N c � Q `w a a Y O 0 m U w n W a N Y w O O F- U Q Q m Q VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. John H. Osgood Box 1037, Waitsfield, VT 05673 Winston W. Hart Allen Agency R.E., 252 College Street I Burlington, VT 05401 2. BUYER (TRANSFEREE) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. City of South Burlington 575 Dorset Street 03-6002712 South Burlington, VT 05403 ' ' 3. PROPERTY LOCATION (Address in full) 4. DATE OF CLOSING Larch Road, South Burlington 5. INTEREST IN PROPERTY (Fee Simple, Life Estate, Perpetual Easement, Etc.) X�i�3FY Si5bAX7F3�i�i�3bi�3bXi�3FAx3bi�X�CI§3�F�iX Fee Simple 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. NONE 5. ❑ BARN 9. ❑ STORE 2. ❑ FACTORY 6. ❑ APARTMENT WITH (NUMBER) DWELLING UNITS 10. ❑ OTHER 3. ❑ HOUSE 7. ❑ MOBILE HOME IIIERT 4. ❑ CAMPiVACATION 8. ❑ CONDOMINIUM WITH (NUMBER) DWELLING UNITS HOME CHECK WHETHER THE BUILDINGS WERE ❑ NEVER OCCUPIED ❑ PREVIOUSLY OCCUPIED 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ OPERATING FARM 5. ❑ COMMERCIAL 7. ❑ INDUSTRIAL 9. ❑ OTHER 2. ❑ TIMBERLAND 4. ❑ GOVERNMENT USE 6. OPEN LAND 8. ❑ CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ OPERATING FARM 5. ❑ COMMERCIAL 7. ❑ INDUSTRIAL 9. ❑ OTHER 2. ❑ TIMBERLAND 4. ❑ GOVERNMENT USE 6. OPEN LAND B. ❑ CAMP OR VACATION 11. 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, Working Farmland Tax Abatement Use Value Appraisal Programs)? ❑ Yes ® No 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." #2 13. TOTAL 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, ENTER FAIR MARKET PRICE PAID S _ VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR $ PERSONAL PROPERTY $ 16. TAX DUE: Enter amount from rate schedule on reverse side. $ 17. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS: #1 (CONTINUE ON REVERSE SIDE) ACKNOWLEDGEMENT TOWN NUMBER TOWN'CITY RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER PAGE NO. PAID. LISTED VALUE $ GRAND LIST OF 19 MAP AND PARCEL NOS. SIGNED CLERK DATE Form PT-1 (7188) Tax on Special Rate Property a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) 1. (a) $ b. Value of property enrolled in current use program (b) $ c. Value of qualified working farm (c) $ d. Add Lines 1(a), (b) and (c) (d) $ e. Tax rate (e) $ 0.005 f. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) (f) $ 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return 2. (a) $ b. Enter amount from Line 1(d) of Rate Schedule above (b) $ c. Subtract Line 2(b) from Line 2(a) (c) $ d. Tax rate (d) $ 0.0125 e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) (e) $ 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 3. Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and 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 Sellers(s) further certify as follows: D. That this transfer of real property and any development thereon is in compliance with orexempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) E. That this transfer does does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statementmust be attached to this return before filing with the Town Clerk. 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) I DATE i BUYER(S) SIGNATURE(S) DATE CITY OF SOUTH BURLINGTON JOHN H. OSGOOD B WINSTON W. HART Its Duly Authorized Agent I Preparer'sSignature _ _ Prepared by _ Richard A. Spokes, Esq. Print or Type) Preparer'sAddress P.O. Box 986, Burlington, VT 05402 NOTE: Residents, Part -Year Residents, Non -Residents — If you realized a gain on the sale of your property that was included in your Federal Adjusted Gross Income, A Vermont Income Tax Return must be filed. Deliver the original and one copy of the Property Transfer Tax Return to the town clerk with payment of any tax due. Make checks payable to the Vermont Department of Taxes. The town clerk will forward the original return and payment to the Department of Taxes and retain a copy of the return at the town clerk's office. If the transfer creates a partition or division of land, you must append an Act 250 Disclosure Statement to the town clerk's copy of the Property Transfer Tax Return. The town clerk will acknowledge receipt of the Act 250 Disclosure Statement on the face of the Property Transfer Tax Return. You are not required to file the Act 250 Disclosure Statement with the Department of Taxes. �vUBlt5NE0 FORM 1911 - VERMONT WARRANTY DEE' `t'/v" Cp� (% �J ��99 AUTIANO. 1ER T 05701 �/ now till A l Uri, h�f hrorrvvnto Eft at JOHN H. OSGOOD of Waitsfield in the County of Washington and State of Vermont and WINSTON W. HART Of South Burlington in the County of Chittenden and State of Vermont Grantors , in the consideration of ------------------------------------ONE or more ----------------------------- Dollars paid to their full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation 4 in the County of Chittenden and State of Vermont Grantee by these presents, do freely G6iur, (Arent, Srll, (Qnnnru Anb 41onfirm unto the said Grantee the CITY OF SOUTH BURLINGTON, and its successors and assigns AmixxxxxxxxxxxMw -forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A strip of land fifteen (15') feet in width, to be used as a pedestrian easement, as depicted on a plan entitled "Final Plat Summer Woods, Patchen Rd, South Burlington; Vermont" dated Jan. 1989, last revised April 26, 1989 by Krebs & Lansing Consulting Engineers, Inc. and recorded in Map Volume at Page of the Land Records of the City of South Burlington, and being more particularly described as follows: The easement herein conveyed shall be located along the existing trail which proceeds in a general northwesterly and northerly direction from property owned by the within Grantee, City of South Burlington, to property now or formerly of R. Munson, all as depicted on the aforementioned plan, and the centerline of said easement shall be deemed to be the centerline of the pedestrian path or trail once it is permanently located. The within Grantors, their heirs and assigns, shall have the right to make use of the surface of the land subject to this right of way and easement such as shall not be inconsistent with the use of said right of way, but specifically shall place no structures, landscaping or other improvements within said easement and right of way which shall prevent or interfere with the within Grantee's ability to use, repair, replace and/or maintain said pedestrian easement. The within Grantee agrees that it shall strive to construct and maintain said pedestr: pathway in as natural a state as possible to blend with the surrounding area, and the within Grantee shall be solely responsible for the maintenance, replacement, upkeep and repair of any pedestrian path created or installed. The within Grantee, and its successors and assigns, shall hold the within Grantors and their heirs and assigns, harmless from any and all damage or claims which arise on account of the public use of the pedestrain easement herein conveyed. This conveyance is subject to the condition that no motorized or vehicular traffic including, but not limited to, motorcycles, trailbikes, snowmobiles or any other motorized traffic shall be allowed to utilize the pedestrian easement and such condition shall run with the land. Reference is hereby made to the above mentioned plan and the records thereof, and the references therein made all in further aid of this description. Being a portion of the lands and premises conveyed to the within Frantors by the Warranty Deed of William R. Shearer, dated May _, 1989 and recorded in Volume at Page of said Land Records. To 3.inur anb to 1i said granted premises, A all the privileges and ap- purtenances thereof, to the said Grantee the CITY OF SOUTH BURLINGTON, its successor; and assigns, to their own use and behoof forever; J1nd the said Grantors, JOHN H. OSGOOD and WINSTON W. HART for themselves and their heirs, executors and administrators, do covenant with the said Grantee the CITY OF SOUTH BURLINGTON, their successors and assigns AWMWX1 3nG9aijus, that until the ensealing of these presents they are the sole owner s of the premises, and have Aood rijfht and title to convey the same in manner aforesaid, that they are Nrrr Yrom Eaerg Enrunthroue: except as stated above; and they hereby engage to Sarmnt Anb loefenb whatever, except as stated. Ai Witneso Wherrof. they this day of ?Ilt �C�'St'ttC!' 11� the same against all lawful claims hereunto set their hand and seal .4. D. 19 8 9 State Of 11trmont, ) .qt }as. Burlington this 90antR of Chittenden )f day of .4. D. 1$9 JOHN H. OSGOOD and WINSTON W. HART personally appeared, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. H A 0 0 C.9 0 w 0 U Before me W U U. 4.. C: Y 0: W J U Notary Public i 0 Y z w M O � Uj J U O N co W z LU .• N z H.��o c ` 0 0 C CO O O 0) C �.�18 O LU O> ? W 8 a c U U OJ W Q W W o Uj c°°i 0)U a n. W a c -0 Ix N cr Y m U LLj Y LLj o o a rn W Q a g ao a VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. John H. Osgood Box 1037, Waitsfield, VT 05673 Winston W. Hart Allen Agency R.E., 252 College Street Burlington, VT 05401 2. BUYER (TRANSFEREE) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR ----- - - - TAXPAYER (DENT. NO. -City of South Burlington 575 Dorset Street 03-6002712 _ South Burlington, VT 05403 L-jM1.L4U;1*1;J4AlVd 3. PROPERTY LOCATION (Address in full) 4. DATE OF CLOSING _ South Burlington 5. INTEREST IN PROPERTY (Fee Simple, Life Estate, Perpetual Easement, Etc.) Perpetual Easement (Pedestrian Easement) 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. NONE 5. BARN 9. STORE 2. FACTORY 6. APARTMENT WITH _ ( INSERT NUMBER) DWELLING UNITS 10. OTHER 3. ❑ HOUSE 7. MOBILE HOME INSERT 4. CAMP/VACATION 8. CONDOMINIUM WITH `NUMBER) DWELLING UNITS HOME CHECK WHETHER THE BUILDINGS WERE ❑ NEVER OCCUPIED n PREVIOUSLY OCCUPIED 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. OPERATING FARM 5. ❑ COMMERCIAL 7. INDUSTRIAL 9. OTHER 2. TIMBERLAND 4. GOVERNMENT USE 6. PEN LAND 8. CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ OPERATING FARM 5. ❑ COMMERCIAL 7. INDUSTRIAL 9. OTHER _ 2. TIMBERLAND 4. ❑ GOVERNMENT USE 6. OPEN LAND 8. CAMP OR VACATION 11. 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, Working Farmland Tax Abatement Use Value Appraisal Programs)? Q Yes nNo • • 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." #2 13. TOTAL 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, ENTER FAIR MARKET PRICE PAID $ VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR $ PERSONAL PROPERTY $ - -- ------ -__-- - -_ - 16. TAX DUE: Enter amount from rate schedule on reverse side. $ - _ _ _ -_ _ -- - • 17. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS: #1 _ (CONTINUE ON REVERSE SIDE) ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER PAGE NO. PAID. LISTED VALUE $ GRAND LIST OF 19 MAP AND PARCEL NOS. _ SIGNED CLERK DATE rorm ri-itnuu1 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) b. Value of property enrolled in current use program c. Value of qualified working farm d. Add Lines 1(a), (b) and (c) e. Tax rate f. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return b. Enter amount from Line 1(d) of Rate Schedule above c. Subtract Line 2(b) from Line 2(a) d. Tax rate e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 1. (a) $ (b) $ (c) $ (d) $ (e) $ _.-_ 0.005 (f)$- -- 2.(a)$_-- -_ - (b) $ (c) $ (d) $ 0.012! (e) $ 3. $ Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit Noand 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 Sellers(s) further certify 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 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) — __- E. That this transfer does does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statementmust be attached to this return before filing with the Town Clerk. 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) SIGNATURE(S) DATE CITY OF SOUTH BURLINGTON JOHN H. OSGOOD By: WINS TON W. HART Its Duly Authorized Agent Preparer'sSignature Prepared by Richard A. Spokes, Esq. Preparer'sAddress -P.O. BOX_986, Burlington, VT 05402 Print or Type) NOTE: Residents, Part -Year Residents, Non -Residents — If you realized a gain on the sale of your property that was included in your Federal Adjusted Gross Income, A Vermont Income Tax Return must be filed. Deliver the original and one copy of the Property Transfer Tax Return to the town clerk with payment of any tax due. Make checks payable to the Vermont Department of Taxes. The town clerk will forward the original return and payment to the Department of Taxes and retain a copy of the return at the town clerk's office. If the transfer creates a partition or division of land, you must append an Act 250 Disclosure Statement to the town clerk's copy of the Property Transfer Tax Return. The town clerk will acknowledge receipt of the Act 250 Disclosure Statement on the face of the Property Transfer Tax Return. You are not required to file the Act 250 Disclosure Statement with the Department of Taxes. DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that JOHN H. OSGOOD of Waitsfield, in the County of Washington and State of Vermont and WINSTON W. HART of Burlington, in the County of Chittenden and State of Vermont (Grantors), for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents do GIVE, GRANT, SELL, CONVEY and CONFIRM unto the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden, State of Vermont (Grantee) and its successors and assigns, easements in perpetuity for the purpose of installing, repairing, maintaining, restoring and/or replacing stormwater drainage lines, together with all appurtenances thereto, in those areas identified as: "15" PVC Storm", "24 PVC Storm", and "24 Storm" on a plan entitled "Plan Summer Woods, Patchen Road, South Burlington, Vermont," Drawing No. 3, dated Dec. 1988, last revised February 9, 1989; and being a portion of the land and premises conveyed to the within Grantors by the Warranty Deed of William R. Shearer, dated May _, 1989 and recorded in Volume at Page of the Land Records of the City of South Burlington. The easements herein conveyed shall be deemed to be twenty feet (20') in width, the centerlines of which will be the centerline of the stormwater drainage lines once installed. Grantors, and their heirs and assigns, shall have the right to make use of the surface of the land subject to this right of way easement such as shall not be inconsistent with the use of the easements by the within Grantee, but specifically shall place no structures or other improvements within said easements which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON. VERMONT SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW BURLINGTON. VERMONT The Grantee for itself and its successors and assigns agrees that any premises affected by its entry pursuant to this right of way easement shall be restored to its condition prior to such entry at its own cost and within a reasonable time. TO HAVE AND TO HOLD said granted premises, with all the the privileges and appurtenances thereof, to the Grantee, its successors and assigns, to its own use and behoof forever; and the Grantors, for themselves and their heirs and assigns, do covenant with the Grantee, its successors and assigns, that until the ensealing of these presents they are the sole owners of the premises and have good right and title to convey the same in the manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE; and they hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever. Dated at , Vermont, this _ day of , 1989. IN THE PRESENCE OF: JOHN H. OSGOOD WINSTON W. HART STATE OF VERMONT CHITTENDEN COUNTY, ss. At , in said County, this day of , 1989, personally appeared JOHN H. OSGOOD and WINSTON W. HART, and they acknowledged the within instrument by them signed, to be their free act and deed. Before me, -2- Notary Public VERMONT vROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR - -- TAXPAYER [DENT. NO. John H. Osgood Box 1037, Waitsfield, VT 05673 Winston W. Hart Allen Agency R.E., 252 College Street Burlington, VT 05401 2. BUYER (TRANSFEREE) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR - TAXPAYER (DENT. NO. _ City of South Burlington 575 Dorset Street 03-6002712 South Burlington, VT 05403 • ' 3. PROPERTY LOCATION (Address in full) 4. DATE OF CLOSING South Burlington 5. INTEREST IN PROPERTY (Fee Simple, Life Estate, Perpetual Easement, Etc.) Perpetual Easement (Drainage Easement) 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). - 1. NONE 5. ❑ BARN 9. STORE 2. FACTORY INSERT 6. ❑ APARTMENT WITH (NUMBER) DWELLING UNITS 10. OTHER 3. HOUSE 7. MOBILE HOME 4. CAMP/MOMETION S. ❑ CONDOMINIUM WITH (NUMBER) DWELLING UNITS CHECK WHETHER THE BUILDINGS WERE O NEVER OCCUPIED ❑ PREVIOUSLY OCCUPIED ® 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. PRIMARY RESIDENCE 3. Q OPERATING FARM 5. ❑ COMMERCIAL 7. INDUSTRIAL 9. OTHER 2. TIMBERLAND 4. ❑ GOVERNMENT USE 6. OPEN LAND 8. ❑ CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. PRIMARY RESIDENCE 3. ❑ OPERATING FARM 5. COMMERCIAL 7. INDUSTRIAL 9. ❑ OTHER 2. TIMBERLAND 4. ❑ GOVERNMENT USE 6. OPEN LAND S. ❑ CAMP OR VACATION 11. 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, Working Farmland Tax Abatement Use Value Appraisal Programs)? E Yes ® No • 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." #2 13. TOTAL 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, ENTER FAIR MARKET PRICE PAID $ VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PERSONAL PROPERTY $ --__ $ 16. TAX DUE: Enter amount from rate schedule on reverse side. $ r - 17. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS: #1 (CONTINUE ON REVERSE SIDE) ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD _ REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER PAGE NO. __ PAID. LISTED VALUE $ GRAND LIST OF 19 MAP AND PARCEL NOS. _ SIGNED CLERK DATE ��Z 1. Tax on Special Rate Property a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) 1. (a) $ b. Value of property enrolled in current use program (b) c. Value of qualified working farm (c) $ d. Add Lines 1(a), (b) and (c) (d) $ e. Tax rate (e) $ 0.005 f. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) (1) $ 2. Tax on General Rate Property a. Enter amount from Line 15 on front of return 2. (a) $ b. Enter amount from Line 1(d) of Rate Schedule above (b) $ c. Subtract Line 2(b) from Line 2(a) (c) $ d. Tax rate 0.0125 e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) (e) $ 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 3. Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and 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 Sellers(s) further certify 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 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) E. That this transfer does/does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the Town Clerk. 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) SIGNATURE(S) DATE CITY OF SOUTH BURLINGTON JOHN H. OSGOOD By: WINSTON W. HART Its Duly Authorized Agent o Preparer's Signature - _ Prepared by ___Richard A. Spokes, , Esq. Preparer's Address _ P.O_ _. Box _� 986 Burlington,VT 05402 Print or Type) __ __. NOTE: Residents, Part -Year Residents, Non -Residents — If you realized a gain on the sale of your property that was included in your Federal Adjusted Gross Income, A Vermont Income Tax Return must be filed. Deliver the original and one copy of the Property Transfer Tax Return to the town clerk with payment of any tax due. Make checks payable to the Vermont Department of Taxes. The town clerk will forward the original return and payment to the Department of Taxes and retain a copy of the return at the town clerk's office. If the transfer creates a partition or division of land, you must append an Act 250 Disclosure Statement to the town clerk's copy of the Property Transfer Tax Return. The town clerk will acknowledge receipt of the Act 250 Disclosure Statement on the face of the Property Transfer Tax Return. You are not required to file the Act 250 Disclosure Statement with the Department of Taxes. WINSTON W. HART 252 College Street BURLINGTON, VERMONT 05401 Tp- (802) 864-4200 ..S�..E............U._................. ............................ ........................... ................. .................................. ........ ......... _. ........ _._5.._._...._.4�..\......... ..... ....................................................................................... _._._.__.__._._.__..__..�....._.-.. a..-1.......,...z._..........._._04........._................ DATE.........!A...4_�..9._..l_Q�_.................___._.__...._._...___.____.___._....._._._..___..__..___._._... 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SIGNED ❑ PLEASE REPLY ❑ NO REPLY NECESSARY b m CB "' � 308.45 � _ � 1` z . 4 Sanitary service witness Rim I I with lobe/%d 4 x 4BrIllI Inv. in 300.8�4 6' 5 •o l //2" water se VicG4 �b t r I! /nv. out 3007!g New SW 2 �C to sign wltness with 4 x 4 Recessed concrete Sta. A R ti �� i ; N 3 J� curb (/ - //2 reveol) Rim 7.52 1 I Typico/. Concrete cur - typi a/ �'� \ t Existing ,9 ;fh PVC, s= 0.0/ Inv. in 99.60 Rim 308. /7 0 LA -I /nv. out 99.5 Inv 294. /2 1 3 \ ` gx o� CB A /5, PVC rforo /5"PVC, s= O.0/ New Bri/�c rb cut New sidewo/!r s y ted -Storm -s=OgD85` C — Underdroin clecnout Existing CB -- -- 844 i2 r Inv 300. 70 1%2CU WroSZ >e — PVC ' UO CB4 - ` sanitary S _ 3. SD �, \ 12- slr•eel sign l4 f < p vc 5 O. pO6,3 5 min. seperatiol 2"00 liC t� _.,� _ typical ti ►� _—C�soni/or v x f f c.o boxes _ - - —_ — _ `' SCR ,3 S = O.O 61 0 ♦- - C` ( ,I co. I \Ion r , -,q pn i j 6 \ P �o� , No Q, `4 / Begin curb/ P2 and co (0 I �O / I v r ----- { / 61�� o / 0 8 �' - /— 3 Cz C f 3 ` 0 30 \ 302.0 / 2 ,� �,Lki ' /o w o 741 Ox 65jf­p r \`End Section „, /nV. 29/, 66- - A#rofi /801V fabric I under rip r6p,7yp7c7 - --- - _ I 1,/9 — �Si/> fence f f • � cV N 29s o8' ' 2,78781 I �, PLANNING COMMISSION 30 MAY 1989 PAGE 3 around part of the lot with geraniums and burning bush. Williston Rd. curb cut will be for ingress only. Mr. Boyle thought it might be angled to make this more obvious. Mr. Weith noted the City Engineer wants the sidewalk continueous and with a depressed concrete curb. Mrs. Maher moved the Planning Commission approve the Site Plan application of William and Lee Bissonette to expand the parking lot at Al's French Fries as depicted on a plan en- titled "Al's French Fries," prepared by T.J. Boyle & Assoc- iated and dated 4/30/89, last revised 5/22/89 with the fol- lowing stipulations. 1. The plan shall be revised to show the sidewalk continuous across the entrance on "Midas Road." 2. The plan shall be revised to show a depressed curb across the entrance on "Midas Road." 3. The plan shall be revised to show curbing near the Wil- liston Road entrance to discourage vehicles from exiting via this entrance. 4. A revised plan addressing stipulations 1, 2, and 3 shall be submitted to the City Planner for approval prior to con- struction. Mr. Burgess seconded. Motion passed unanimously . 5. Consider request of Chip Hart to amend the Summerwoods Final Plat approval to allow installation of the "Roadway" light fixture provided by Green Mountain Power Corp. Mr. Weith and members had no problems with the request. Mrs. Maher moved the Planning Commission amend stipulation #5 of the Summerwoods Final Plat approval motion of 3/7/89 to allow the installation of Green Mountain Power's "Roadway" Fixture as street lighting. Mr. Burgess seconded. Motion passed unanimously. 6. Consider request of O'Brien Brothers Agency, Inc. to amend the Preliminary Plat approval for an 18 lot subdivision at Kirby and Patchen Roads as follows 1) allow the dedication of the pond area (approximately 1.4 acres) to the City in lieu of paying the $200 per unit recreation fee, and 2) omission of lot 18 from calculations of the sidewalk fee. Mr. O'Brien said they were assessed frontage on the corner RICHARD A. SPOKES JAMES D. FOLEY RICHARD F. PETERSON, JR. SPOKES, F®LEY CSC PETERSON ATTORNEYS AT LAW 239 SOUTH UNION STREET P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 April 24, 1990 Mr. Louis Borie District Coordinator District Environmental III West Street Commission #4 Essex Junction, VT 05452 Re: Summer Woods Associates, Inc. Permit No. 4CO794 Dear Lou: (802) 862-6451 (802) 863-2857 TELECOPIER (802) 863-2859 Enclosed is an application for an administrative amendment, along with our check in the amount of $25.00. I have discovered that the title information in the first paragraph of the Land Use Permit is not totally accurate. By referring to two deeds recorded in Volume 217 at Pages 421 and 423, respectively, the permit did not pick up two strips of land acquired by William R. Shearer by Warranty Deed of Joanne Brill, recorded in Volume 281 at Page 502. Shortly after the Land Use Permit was issued, Shearer conveyed all of the subject property to Summer Woods Associates, Inc. I feel it would appropriate to clarify the subject property by an amendment to the Land Use Permit. I believe the simpliest way of doing this is by referring to the deed from Shearer to Summer Woods Associates, Inc., recorded in Volume 281 at Page 510. Also in a condominium setup the purchaser acquires the space within his Unit and a percentage interest in the so-called Common Land. Because of secondary mortgage market requirements, we opted to create what is called a planned community rather than a condominium. The purchaser of a Unit actually acquires title to the roof, exterior walls, basement and land underneath his Unit. Each Unit owner is also a member of a homeowners association which owns the Common Land. There is absolutely no change in the project as approved by the Commission, but the form of ownership is not the classic condominium. I, therefore, feel this should be clarified in the permit. Vex yours, Richar A. Spokes RAS:mil Enclosure CC: To All Parties on Attached Certificate of Service CERTIFICATE OF SERVICE I hereby certify that I, Richard A. Spokes, attorney for Summer Woods Associates, Inc., sent a copy of my letter to Louis Borie, District Coordinator of District Environmental Commission #4 and enclosed Application for Land Use Permit Amendment, by U.S. Mail, postage paid, on this 24th day of April, 1990 to the following: William R. Shearer 1675 Shelburne Road South Burlington, VT 05482 Chairman, City Council 575 Dorset Street South Burlington, VT 05403 Chairman, City Planning Commission 575 Dorset Street South Burlington, VT 05403 Joseph Weith South Burlington City Planner 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, VT 05452 Mark Sinclair, Esq. Representative, State Agencies Agency of Natural Resources 103 South Main Street - 2 Center Waterbury, VT 05676 Dated: April 24, 1990 — , q'' 1�! ( � -" " /1" 4, 1 Richard A. Spokes APPLICATION FOR LAND USE PERMIT AMENDMENT INSTRUCTIONS: Use this form for minor Land Use Permit amendments, including permit transfers. Applications for permit transfers are to be completed by the transferree. SECTION 1 - FOR OFFICE USE ONLY Application No.: Filing Date: Laws Involved: Deemed Completed By: Fee: SECTION II - TO BE COMPLETED BY THE APPLICANT 252 College Street 1. APPLICANT: SUMMER WOODS ASSOCIATES, INC. Burlington, VT 05401 864-4200 (Name) (Address) (Phone No.) 2. PROPERTY OWNER: Same as No 1 above (Name) (Address) (Phone No.) 3. PERSON TO BE CONTACTED ABOUT THIS APPLICATION (Complete only if different than #1) P.O. Box 986 863-2857 Richard A Spokes Esq.Burlington, VT nSL�ng (Name) (Address) (Phone No.) 4. WHAT IS YOUR LEGAL INTEREST IN THIS PROPERTY? Record Owner _ 5. IF YOU ARE NOT FILING THIS APPLICATION AS AN INDIVIDUAL, COMPLETE THE FOLLOWING: Corporation 7/3/89 VT (Legal Entity) (Date Formed) (State) (Date registered in VT) 6. WHAT IS THE NATURE OF THIS REQUEST TO AMEND THE LAND USE PERMIT: Request for Administrati Amendment to reflect proper owner and deed references in Land Use Permit #4C0794 and that Prn�prt consists of 38 Town House Residential Units. (See Attachment) 7. DESCRIBE ANY CHANGES IN THE FOLLOWING ITEMS FROM INFORMATION IN THE ORIGINAL APPLICATION a. Acreage in the entire tract of land N/A b. Acreage in this project N/A C. Date the project will be started N/A d. Date the project will be completed N/A e. Funding or bonding of this project N/A f. Municipal services to be used N/A g. Estimated construction cost SECTION III - ADDITIONAL INFORMATION REQUIRED ON PERMIT TRANSFERS B. TRANSFERREE: I hereby agree to complete this project as set forth in the application, Findings of Fact and Conclusions of Law and the Land Use Permit # , and as amended above: (Transferree) 9. TRANSFER.ROR: I hereby agree to the transfer of Land Use Permit A as set forth above: (Transferror) SECTION IV - NOTICE TO PARTIES - TO BE COMPLETED BY ALL APPLICANTS FOR ACT 250 PROJECTS 10. This application must be signed by the applicant and landowner. By signing this application, the applicant assumes responsibility for the information provided and, when the amendment involves Act 250, confirms that the town selectmen, planning commission, and regional planning commission were given a copy of the application as required. SUMMER WOODS ASSOCIATES, INC. SUMMER WOODS ASSOCIATES, INC. �/ z 3 (signature of applicant) date tsignature of landowner) M ate Duly Authorized Agent Duly Authorized Agent SUMMER WOODS ASSOCIATES, INC. APPLICATION FOR LAND USE PERMIT AMENDMENT ATTACHMENT (4/23/90) This permit applies to lands acquired by Summer Woods Associates, Inc. by Warranty Deed of William R. Shearer dated July 20, 1989 and recorded in Volume 281 at Page 510 of the City of South Burlington Land Records. This permit specifically authorizes the Permittee to construct a residential planned community consisting of 38 townhouses. 92 ohd U O+ felna Concrete 'olume 111 Poge 183 Highlighted areas are lands acquired by Summer Woods Assoc iates, Inc. by Warranty Deed of William R. Shearer dated 7/20/89 and recorded in Volume 281 at Page 510 of the South Burlington Land Records. -- L and to be Transfered from Summer Woods Associafes f0 Br/l/ Area = 0.3/ acres May 3/, 1973 HRl_ i ti'N Z _ -...-- N83°j526 M/ 20 /5 N is JoAnne Brill Area of lands retoined by Brill from Volume /80 Poge 310= 0,63acres o �o/ume /80 Poge 3/0 Toto/ area of Brill londs after trarsfers of w/tA Summer Woods Associates = 093acres O J,ne i 1982 Land to be Transfered from Brill to Summer Woods Associa>es Area = O.11Gcres 39 ' 36 1 O - - --4 N v " T07 . N T6o-39'"W o -�' 1 Pdp' r — �?9/. B5 00 1 ROWD A , 335 92 76�39---- TA 0. rf, State of Vermont Gt koe& LAND USE PERMIT ADMINISTRATIVE AMENDMENT CASE NO: 4CO794-1 LAWS/REGULATIONS INVOLVED APPLICANT: Summer Woods 10 V.S.A.,Chapter 151 Associates (Act 250) ADDRESS: c/o The Allen Agency 252 College Street Burlington, Vermont 05401 District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4CO794-1 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Volume 281, Page 510, as the subject of a deed from William R. Shearer to Summer Woods Associates, Inc., the "Permittees" as "Grantees". This permit amendment is issued to incorporate the new deed reference above and to clarify that the permitted project will be constructed as a residential planned community of 38 townhouses. This project is located off Patchen Road in South Burlington, Vermont. The Permittees, their 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 74r4CO794 remain in full force and effect except as amended herein. 2. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090 (b). Dated at Essex Junction, Vermont, this % day of May 1990. BY Louis Borie Environmental Board Coordinator for the District #4 Commission 4CO794/eb SPOKES, F®LEY & PETERSON ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY RICHARD F. PETERSON. JR. September 13, 1989 Mr. Richard Ward Zoning Administrator 575 Dorset Street South Burlington, VT 05403 Re: Summer Woods Dear Dick: (802) 862-64SI (802)863-2857 TELECOPIER (802) 863-2859 I enclose a title certificate relating to the streets and easements in Summer Woods. There is a mortgage deed to The Merchants Bank which covers the Summer Woods property, but the streets and easements being dedicated to the City are specifically excluded from the mortgage. You should also be aware that Summer Woods executed an easement deed to Green Mountain Power Corporation and New England Telephone and Telegraph Company after the date it executed its Offer of Dedication (July 20, 1989). Sorry about the delay. Very trply—yours, ♦ / w 1 Richard A. Spokes RAS:mil Enclosure ATTORNEY'S REPORT AND OPINION ON TITLE RECORD OWNER: SUMMER WOODS ASSOCIATES, INC. PROPERTY DESCRIPTION: Arbor Road, Larch Road, a pedestrian easement 15 feet in width, and drainage easements 20 feet in width, as more fully referred and described in Exhibits A, B, C and D to an Irrevocable Offer of Dedication between Summer Woods Associates, Inc. and the City of South Burlington, dated July 20, 1989. Being a portion of the land and premises conveyed to Summer Woods Assocates by Warranty Deed of William R. Shearer dated July 25, 1989 in Volume 281 at Page 510 of the Land Records of the City of South Burlington. The following opinion and report on the title of the record owner to the above described property is based on an examination of the appropriate records of the City of South Burlington. It is furnished in connection with a proposed sale to the City of South Burlington; it is for the sole use of the City of South Burlington; and is not transferable. Based on such examination and the assumption that the records examined are currently and correctly indexed in the general indices, it is my opinion that, except as set forth below, on the effective date of this report the title of the record owner is a marketable title in fee simple: 1. MUNICIPAL CHARGES: (Unless otherwise indicated, these are based on oral verification by the appropriate municipal officer.) a. Assessed Valuation - Not separately assessed b. Taxes for the current fiscal period July 1, 1989 to June 30, 1990 not separately assessed - current. C. Delinquent Taxes - None of record d. Street, Curb and Sidewalk Assessments - None e. Water Liens - None f. Electricity Liens - None g. Sewer Assessments - None h. Fire District, School District or other Muncipal Liens or Assessments - None 2. MORTGAGES: None 3. ATTACHMENTS AND LIENS: None 4. EASEMENTS AND RIGHTS OF WAY: An easement deed from William R. Shearer to Vermont Gas Systems, Inc., dated July 20, 1989 is recorded in Volume 281 at Page 500 of the City of South Burlington Land Records. 5. PROTECTIVE COVENANTS; OTHER RESTRICTIONS OF RECORD: None of record 6. LEASE LAND RENT: None of record 7. COMPLIANCE WITH BOARD OF HEALTH SUBDIVISION REGULATIONS: Not applicable 8. OBJECTIONS TO TITLE; REMARKS: None 9. EXCEPTIONS - This report does not cover; and this opinion is subject to: a. Rights or claims of parties in possession not shown of record; b. Mechanics' or materialmen's liens not recorded; C. All applicable statutes, ordinances and regulations of governmental bodies including use, zoning and building restrictions, imposed by them except as included in paragraph 7 above; d. Any facts which would be disclosed by a physical survey or inspection of the premises; e. Except where indicated, Probate, Bankruptcy and other Court records, and records of birth, death, marriage and divorce; and f. Special assessments or liens, if any, not shown of record. This report and opinion refer to and apply only so far back as 40 years, and are effective down to the 27th day of July, 1989 at 1:00 o'clock A.M. SPORES, FOLEY & PETERSON M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: August 1 1989 Agenda Items Date: July 28, 1989 1) DISCUSSION WITH WILLISTON TOWN PLANNER Williston Town Planner, Joyce Olsen, will be present at the meeting to present the citizen participation program conducted in Williston last spring in conjunction with the update of the Town Plan. As we discussed a few weeks ago, this type of program has been conducted by a number of Vermont Towns and has been quite successful. I recommend we conduct a similar program this fall. 3) DISCUSS COMPREHENSIVE PLAN UPDATE I hope to have available for discussion a preliminary schedule for the update of the Comprehensive Plan. 4) RECREATION PATH LAND ACQUISITION POLICY I will have the first draft of the proposed Recreation Path Land Acquisition Policy available for discussion at the meeting. 5) SUMMERWOODS, PATCHEN ROAD Dick Spokes called during a closing for the Summerwoods project for confirmation that the proposed conveyance of a 2.5 acre parcel to Tygate (shown on the approved plan) was approved by the Planning Commission, even though it was not specifically refer- enced in the approval motion. I consulted the City Attorney and he said that since it was both indicated on the approved plan and discussed during the hearing, it was understood and, therefore approved. He recommended that the Commission pass a resolution clarifying that the approval of the Final Plat included approval of the land conveyance to Tygate (see letter from Peter Jacob). The resolution will be available at the meeting. 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 20, 1989 Chip Hart Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summerwoods, Patchen Road Dear Chip: Enclosed are the May 30, 1989 Planning Commission meeting minutes. Please call if you have any questions. Si erelyy, Joe Weith, City Planner 1 Encl JW/mcp. ZONING ADMINISTRATOR 658-7958 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 4, 1989 Osgood -Hart Properties c/o The Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summerwoods - land conveyance Dear Chip: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of a resolution signed by the Planning Commis- sion on 8/1/89 which makes it clear that the proposed conveyance to Tygate Properties is approved. If you have any questions, please do not hesitate to call. 'ncerely, )efi oe Weith, City Planner JW/mcp 1 Encl. PLANNING COMMISSION 1 AUGUST 1989 PAGE 2 this that they had a correct community concensus. She also noted the feeling of community spirit that was aroused by these sessions. Costs included $50/night for speakers, minimal costs for supplies, mailing. Refreshments were donated as was the time for facilitators. About 45-85 people attended the meetings. Ms. Olsen said they were not difficult to do and she would be glad to assist Mr. Weith if the Commission wanted to try this approach. Mr. Weith said he would like to try this, and the Commission agreed. Discussion of Update of Comprehensive Plan Mr. Weith gave the proposed schedule and outline of ideas to be covered. He felt the citizen forums should be held at the end of September when UVM students can act as facilitators. Mr. Jacob raised the question of the traffic model. Mr. Weith said this is on hold for the moment. Mr. Jacob said that is a must for the Comprehensive Plan. 3. Review First Draft of Recreation Path Land Acquisition Policy Mr. Weith will check with the City Council on who actually secures the easements. Ms. Coffin said the conflict between Nature Paths and Recreation Paths has been ironed out. She asked about the possibility of requiring a fee from developers toward the path. Mr. Jacob said he would check with the Council but know if it was possible. . Consider resolution to clarify the Summerwoods Final Plat pproval to include the conveyance of a 2.5 +/- acre parcel to Tygate Mr. Weith explained that when this was reviewed, the plan showed the back portion of the lot conveyed to Tygate, but this was never in the stipulations. At closing, the attorneys were not convinced the Commission had approved this. The City Attorney recommended a Resolution making it clear. Mrs. Maher moved the Commission adopt the Resolution to Clarify the Summerwoods Final Plat approval to include conveyance of a 3.2 acre parcel to Tygate. Ms. Pugh seconded. Motion passed unanimously. PLANNING COMMISSION 1 AUGUST 1989 PAGE 3 6. Discuss UVM Master Plan Update This item was postponed until members have had a chance to review it in its entirety. As there was no further business to come before the Com- mission, the meeting adjourned at 9:40 pm. Clerk m u ai MEN w ■Olin Isommilm now tt ns tt tt It tt ■■ to it ii tt It tt tt tt tt �■ ■■ ■t ttt • tt ■■ tt © i a!:� �;ri�■ ■ tt tt �■ ■■ tt■� ■i ■ ii ii ii ■ii iiw ii ttt ■■ tt qmluna ii mimm F—Mm REAR ELEVATION lit" = 1'-0 n ATE OF LAWRENCE ATKIN ARCHITECT, INC. 63 CENTRAL AVENUE SOUTH BURLINGTON. VEP.MONT 05403 .■� ■So mINEMINI■■ t■� ■■ Nil mm Summer Woods S. Burlington, VT Building #91 . Elevations Project No: 839 Date: 3-10-92 SCGl2: 1/8" — j'_On B! Dwg. No: MC Ckd:LA A-11_ `1 .1.1,E SIDE ELEVATION :It" = 11_011 VfjIT I■� t N mamas ■i O FRONT ELEVATION W _ +r_O» C Dimensions for this wall will change ® the flrewali. Do not build 2 x 4 wall In stair ® unit with firewail 13'-8" C L Unit D First Floor Plan V4" = 1'-0" 11'-9" LO C L Dimensions for this wall will change ® the firewall. C C L L Unit D Second Floor Plan Ile = 1'-0" _ 25'-5' Unit D Basement Plan y4~ = 1t_Ow City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 21, 1989 Mr. Chip Hart Osgood/Hart Properties c/o Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summer Woods, Patchen Road Dear Chip: zoo, ING ADMINISTRATOR 658-7958 Enclosed are the February 14, and March 7, 1989 Planning CNmmis- sion meeting minutes. Please meet the stipulations contaified in the approval motion before recording the Final Plat. The �'inal Plat must be recorded within 90 days of the approval date. Please call if you have any questions. ncerely, ttL--(2 oe Weith, City Planner 1 Encl JW/mcp RICHARD A. SPOKES JAMES D. FOLEY RICHARD F. PETERSON, JR. Mr. Joseph Weith City Planner 575 Dorset Street South Burlington, Re: Summer Woods Dear Joe: SPOKES, FOLEY & PETERSON VT 05403 ATTORNEYS AT LAW 239 SOUTH UNION STREET POST OFFICE BOX 986 BURLINGTON, VERMONT 05402-0986 March 7, 1990 (802) 862-6451 (802) 863-2857 TELECOPIER: (802) 863-2859 Enclosed is a copy of the Declaration Summer Woods Associates intends to execute and record. I believe I indicated sometime ago we would file a copy with you prior to recording. I have marked those sections I believe you are interested in. If you have any questions, please don't hesitate to call. Very truly_,Y-6urs, Richard A. Spokes RAS:mil Enclosure CC: Osgood/Hart TABLE OF CONTENTS Page ARTICLE I Definitions ................................. 2 ARTICLE II Description of the Planned Community and Development Rights .......................... 4 ARTICLE III Units ....................................... 7 ARTICLE IV Common Elements ............................. 13 ARTICLE V Limited Common Elements ..................... 15 ARTICLE VI Upkeep ...................................... 15 ARTICLE VII Easements ................................... 17 ARTICLE VIII Summer Woods Homeowners Association......... 17 ARTICLE IX Assessments ................................. 19 ARTICLE X Insurance ................................... 22 ARTICLE XI Amendments .................................. 24 ARTICLE XII General Provisions .......................... 25 EXHIBITS EXHIBIT A Property EXHIBIT B Site Plan EXHIBIT C By -Laws DECLARATION THIS DECLARATION, made this day of , 1990, by SUMMER WOODS ASSOCIATES, INC., a Vermont corporation with principal place of business in South Burlington, County of Chittenden and State of Vermont (hereinafter referred to as Declarant). W I T N E S S E T H; WHEREAS, Declarant is the fee simple owner of certain property situated on the westerly side of Patchen Road in the City of South Burlington, Vermont, which property is more particularly described in Exhibit A, attached hereto and made a part hereof (hereinafter referred to as "Property"); and WHEREAS, Declarant desires to establish on the Property a planned community to be known as "Summer Woods" consisting of a maximum of 42 Units of residential housing, together with other improvements as more particularly described in this Declaration. NOW, THEREFORE, Declarant hereby creates with respect to this Property a planned community to be known as Summer Woods Planned Community and hereby declares that the Property, together with all buildings and improvements presently thereon and all buildings and improvements hereafter constructed thereon, and all easements, rights and appurtenances thereto, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, restrictions, conditions, 1 easements, assessments and liens, hereinafter set forth which are for the purpose of protecting the value and desirability of, and shall run with the title to, the Property, and shall be binding on all persons having any right, title or interest in all or any portion of the Property, their respective heirs, legal representatives, successors, successors in title, and assigns, and shall inure to the benefit of each and every owner thereof. ARTICLE I Definitions The following definitions shall apply throughout this Declaration and any exhibit hereto. Section 1.0. "Additional Improvements" means improvements constructed and incorporated into the Summer Woods Planned Community by the Declarant after the date of the initial filing of this Declaration pursuant to the exercise of the Development Rights set forth in Article II of this Declaration. Section 1.1. "Additional Units" means Units incorporated into the Summer Woods Planned Community after the date of the initial filing of this Declaration pursuant to the exercise of the Development Rights set forth in Article II of this Declaration. Section 1.2. "Allocated Interests" means the common expense liability and the votes in the Association allocated to each Unit. Section 1.3. "Association" means the Summer Woods Community Association, Inc., the members of which are all of the Unit Owners; and is responsible for the management of the Summer Woods Planned Community. 2 Section 1.4. "By-laws" - The By-laws set forth how the Association is governed, and are attached to this Declaration as Exhibit D. Section 1.5. "Common Elements" means all of the Property included in the Planned Community except the Units, and is all of the real estate owned by the Association for the common use and enjoyment of the Unit Owners. Section 1.6. "Common Expenses" means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. Section 1.7. "Development Rights" means the rights reserved by the Declarant in Section 2.1 of this Declaration to create more Units, Common Elements or Limited Common Elements within the Sites depicted on the Plan attached to this Declaration as Exhibit B. Section 1.8. "Improvements" means all improvements on the Property (other than Units) intended for the common use and enjoyment of the Unit Owners including, but not limited to walkways, parking areas, utility lines and landscaping. Section 1.9. "Limited Common Element" means a portion of the Common Elements allocated in Article V of this Declaration for the exclusive use of one or more, but fewer than all of the Units. Section 1.10. "Plan" means the plan attached to this Declaration as Exhibit B, which depicts all of the Property including the Sites in which the Declarant has reserved Development Rights. 3 Section 1.11. "Unit" means a portion of the Property intended to be used and occupied as a single family residence, the boundaries of which are described in Section 3.1 of this Declaration. Section 1.12. "Unit Owner" means the record title owner of a Unit, but does not include the holder of a security interest in a Unit. ARTICLE II Description of the Planned Community and Development Rights Section 2.0 Description of Planned Community. The fully completed Summer Woods Planned Community will consist of a total of thirty-eight (38) Units. Initially, Summer Woods will consist of the fourteen (14) Units depicted on the Plan, all of the land depicted on the Plan (excepting those areas designated as Sites), and all existing Improvements on the land. As the Declarant exercises Development Rights, Additional Units will be added to the Summer Woods Planned Community by the Declarant executing and filing in the City of South Burlington Land Records an appropriate amendment to this Declaration. Any land in a Site which is not devoted to Additional Units shall be conveyed by the Declarant to the Association as Common Elements. Section 2.1. Development Rights. The Declarant for itself, and its successors and assigns, hereby reserves Development Rights consisting of the following: (i) the right to create, add to the Summer Woods Planned Community, construct, own and sell up to a total of twenty- 4 four (24) Additional Units within the Sites depicted on the Plan; (ii) the right to, and an easement to, construct Additional Improvements on the Property including, but not limited to streets, driveways, walkways, parking areas, street lighting, utilities, landscaping and any other improvements necessary or convenient to be constructed or installed in connection with the development of the Additional Units; (iii) an easement to enter upon and leave so much of the Property, excepting the Units, for persons, vehicles and equipment as is necessary or convenient for construction of the Additional Units and Additional Improvements, including the right to store equipment, materials and supplies thereon; (iv) the right to grant as appurtenant to Additional Units all of the rights and easements granted by this Declaration, or any amendment thereto, to the existing Units; (v) the right to grant easements through, under, over and across the Property for utilities servicing the Additional Units including, but not limited to, sewer, water, drainage, gas, electricity, telephone and cable television lines and appurtenances; (vi) the absolute and exclusive right to amend this Declaration to incorporate such Additional Units, and any Additional Improvements in the Planned Community. Any amendment to this Declaration pursuant to this provision may 5 refer to and incorporate by reference any or all of the provisions of this Declaration. Upon acceptance and recording of a deed to a Unit, the Owner of the Unit hereby irrevocably consents to the filing of amendments pursuant to this provision, and upon acceptance and recording of a mortgage or other encumbrance on a Unit, the first mortgagee or other lien holder irrevocably consents to the filing of amendments pursuant to this provision. Section 2.4. Noninterference. The Development Rights cannot be utilized in such a fashion as to unreasonably interfere with the existing Units and the ability of the Owners thereof to enjoy all of the rights granted to them under this Declaration. Should any portion of the Property be damaged by the Declarant, or its successors and assigns, in exercising the Development Rights, such Property shall be promptly restored to its original condition. Section 2.5. Ownership of Additional Units. Additional Units and appurtenant memberships in the Association shall initially be owned by the Declarant, or its successors and assigns, in fee simple and may be conveyed, mortgaged or otherwise transferred by the Declarant. Section 2.6. Transfer of Development Rights. Until expiration of the Development Rights, such rights and easements may be conveyed, assigned, mortgaged, hypothecated or otherwise transferred by the Declarant. M Section 2.7. Termination of Development Rights. The Development Rights set forth in this Article shall expire when the first occurs of (i) date on which the total of thirty-eight Units have been incorporated into the Planned Community or (ii) ten years from the date of this Declaration. Section 2.8. Declarant's Obligations to Exercise Development Rights. The Declarant shall be under no obligation to exercise any, or all of the Development Rights, reserved by it in this Article. ARTICLE III Units Section 3.0. Location of Units. The location of the Units and the Unit numbers are shown on the Plan attached to this Declaration as Exhibit B. Section 3.1. Unit Boundaries. (i) The vertical boundaries of the Units constitute the exterior surfaces of the exterior walls and the center of the interior party walls, extended upward to include the space above and extended downward to include the division of the underlying land; (ii) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixtures lies partially within and partially outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to that Unit, and any portion 7 thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements; (iii) Subject to paragraph (ii), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a Unit are a part of the Unit; and (iv) Any shutters, awnings, window boxes, doorsteps, stoops, porches, decks and balconies, affixed to and designed to serve a single Unit, but located outside the Unit's boundaries, as described in paragraph (i), are Limited Common Elements. Section 3.2. Party Walls. (i) Each wall built as a part of the original construction of the Units which shall serve and separate any two (2) adjoining Units shall constitute a party wall and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto; (ii) The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in equal proportions; (iii) If a party wall is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the wall may restore it, and if the other Owner or Owners thereafter make use of the N. wall, they shall contribute to the cost of restoration thereof in equal proportions without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions; (iv) Notwithstanding any other provision of this Section, to the extent that such damage is not covered and paid by the insurance provided for herein, an Owner who by his negligent or willful act causes any party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements; (v) The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors -in -title; and (vi) In the event of any dispute arising concerning a party wall, or under the provisions of this Section, each party shall appoint one (1) arbitrator. Should any party refuse to appoint an arbitrator within ten (10) days after written request therefor by the Board of Directors, the Board shall appoint an arbitrator for the refusing party. The arbitrators thus appointed shall appoint one (1) additional arbitrator and the decision by a majority of all three (3) arbitrators shall be binding upon the parties and shall be a condition precedent to any right of legal action that either party may have against the other. 9 Section 3.3. Alteration of Units. A Unit Owner may make any improvements or alterations to his Unit that does not impair the structural integrity or mechanical systems or lessen the support of any portion of the Summer Woods Planned Community. The Unit Owner may not, however, change the appearance of any Common Elements or the exterior appearance of a Unit without permission of the Association. Section 3.4. Use Limitations. (i) Each Unit shall be used solely for single family residential purposes. A Unit may be leased by its Owner for such purposes; (ii) No Unit may be subdivided for any purpose; (iii) The Declarant may maintain or use any Units it owns or leases as a sales office, management office or model; (iv) The Declarant, as long it owns a Unit in Summer Woods, may also maintain signs in or upon the Common Elements advertising such Units for lease or sale; (v) No animals or reptiles of any kind shall be raised, bred or kept in any Unit, or on the Common Elements, except that two household pets may be kept in a Unit (one of which may be a dog), provided that pets are not kept, bred, or maintained for any commercial purposes; and provided further that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Unit and Common Elements upon three-day's written notice from the Executive Board of the Association. 10 Owners are responsible for any actions of their household pets on the Common Elements, including any damages or injuries which their pets may cause and shall hold all persons harmless therefrom; (vi) The garage in each Unit shall only be used for the parking of a registered operable automobile and shall not be structurally altered or converted for other purposes. Garages may also be used for the storage of items and material customarily stored in garages attached to single family residences as long as the storage of such items and material does not preclude or interfere with the parking of an automobile in the garage. This provision may not be amended without the approval of the City of South Burlington Planning Commission. Should this covenant not be properly enforced by the Association, the City of South Burlington may initiate legal action for injunctive or other legal relief against the offending Unit Owner, and such Owner shall be responsible for the City's costs of enforcement, including reasonable attorney's fees, if the Owner is found by a court of competent jurisdiction to be in violation of this covenant; (vii) It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of his or her Unit. No Unit shall be used, in whole or in part, for the storage of any property or thing that will cause such Unit to appear to be in an unclean 11 or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept within or upon Unit that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried within or upon any Unit, nor shall anything be done thereon tending to cause discomfort, annoyance, or nuisance to any person using the Common Elements. Section 3.4. Rules and Regulations. The Executive Board of the Association, without the consent of the members of the Association, may promulgate rules and regulations applicable to the Units. Such rules and regulations shall be binding upon all Owners and occupants of the Units unless the Association at a regular or special meeting rescinds or modifies such rule or regulation. ARTICLE IV Common Elements Section 4.0. Owners' Easement of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Elements which shall be appurtenant to and pass with the title to every Unit, subject to the following provisions: (i) The right of the Association to suspend the enjoyment rights of any Owner for any period during which any assessment remains unpaid and for any period not to exceed 12 sixty (60) days for any infraction of the Association's published rules and regulations; (ii) The right of the Association to dedicate or transfer all or any part of the Common Elements to any public agency, authority or utility for such purposes and subject to any such conditions as may be agreed by the Owners, provided that no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer is signed by at least two-thirds of the Owners has been recorded in the City of South Burlington Land Records. Section 4.1. Title to Common Elements. The Declarant may retain the legal title to the Common Elements until such time as in its opinion, the Association is able to maintain the same; but notwithstanding any provision herein, the Declarant hereby covenants for itself and its successors and assigns that it shall convey the Common Elements to the Association no later than ninety days after a total of seven Units have been sold. Section 4.2. Use of Common Elements. (i) Each Owner may use the Common Elements in accordance with the purposes for which they were intended without hindering or encroaching upon the use of the Common Elements by other Owners; (ii) The Common Elements shall remain undivided, and no Unit Owner or any other person shall maintain any action for partition or division thereof unless the Planned Community has been terminated; 13 (iii) There shall be no operation of snowmobiles, dune buggies, motorcycles, all -terrain vehicles or other loud, destructive or offensive recreation vehicles on the Common Elements; (iv) No boats, trailers, campers or unregistered and inoperable vehicles of any kind shall be stored on or about the Common Elements; (v) No junk vehicle or other vehicle on which current registration plates are not displayed shall be kept upon the Common Elements; (vi) No campers, boats, large recreational vehicles, commercial vehicles, construction equipment or any other equipment of any like kind, shall be parked on the Common Elements. Section 4.3. Rules and Regulations. The Executive Board of the Association, without the consent of the members of the Association, may promulgate rules and regulations applicable to the Common Elements. Such rules and regulations shall be binding upon all Owners and occupants of the Units unless the Association at a regular or special meeting rescinds or modifies such rule or regulation. ARTICLE V Limited Common Elements The following are Limited Common Elements: (i) The deck adjoining a Unit is appurtenant to and for the exclusive use of that Unit; 14 (ii) The entry porch adjoining each Unit is appurtenant to and for the exclusive use of that Unit; (iii) The parking space in front of the garage of each Unit is appurtenant to and for the exclusive use of that Unit; and (iv) The rear yard behind each Unit to a depth of ten feet is appurtenant to and for the exclusive use of that Unit. The Association is responsible for the upkeep of Limited Common Elements and the cost of such upkeep shall be assessed against all of the Units pursuant to Article IX of this Declaration unless a Unit Owner desires to garden, plant shrubs or maintain other landscaping in his Limited Common Area rear yard, in which case, he shall furnish the Executive Board of the Association with a letter indicating such desire and assuming the maintenance responsibilities in the rear yard. ARTICLE VI Upkeep Section 6.0. Units. Each Unit Owner is responsible for the maintenance, repair and replacement of his Unit, except as provided in Section 6.1. Section 6.1. Common Elements. The Association is responsible for the maintenance, repair and replacement of the Common Elements, and such responsibilities shall include, but not be limited to the following: 15 (i) Landscaping on or about the Property shall be maintained substantially as approved by the City of South Burlington Planning Commission and District Environmental Commission No. 4. Diseased trees and other approved landscaping shall be replaced by the Association as soon as seasonably possible. (ii) The Association shall be responsible for maintaining, repairing and plowing private drives and parking areas depicted on the Plan. The Owner of each Unit, by acceptance and recordation of a deed conveying the Unit, does automatically and irrevocably waive any right to demand the City of South Burlington or any other municipal or governmental entity to take over, maintain, repair or plow the private drives and parking areas. (iii) The Association shall maintain all drainageways and swales upon the Property and shall do whatever is necessary to keep such drainageways and swales free of debris and other material which might hamper natural surface drainage. (iv) The Association shall maintain, repair and replace, as necessary, any sewage pumping station located on the Property which services any of the Units. The Owner of each Unit, by acceptance and recordation of a deed conveying the Unit, does automatically and irrevocably waive any right to demand the City of South Burlington, or any other municipal 16 or governmental entity to take over, maintain, repair, or replace the sewage pumping station. The Association is also responsible for the maintenance, repair and replacement of the exteriors of the Units including roof surfaces and all exterior building surfaces but not exterior doors and windows which remain the responsibility of the Unit Owner. Section 6.2. Access and Damage. Each Unit Owner shall afford to the Association and the other Unit Owners, and to their agents or employees, access to his unit, reasonably necessary for the purposes set forth in Sections 6.0 and 6.1. If damage is inflected on the Common Elements, or on any Unit through which access is taken, the Unit Owner responsible for the damage, or the Association if it is responsible, is liable for the prompt repair thereof. Section 6.3. Development Rights Sites. The Declarant is liable for all expenses in connection with real estate subject to Development Rights, and no other Unit Owner shall be subject to a claim for payment of those expenses. Any income or proceeds from the Property subject to Development Rights shall inure to the Declarant. ARTICLE VII Easements Section 7.0. Easement for Encroachments. To the extent that any Unit or Common Element encroaches on any other Unit or Common Element, an easement for the encroachment exists. 17 Section 7.1. Declarant's Easements. The Declarant has such easements through the Common Elements as may be reasonably necessary for the discharging of its obligations or Development Rights as set forth in this Declaration, including but not limited to those set forth in Section 2.1. Section 7.2 Owners' Easements. Each Owner has an easement in the Common Elements for purposes of access to his Unit, and each Owner has an easement to use the Common Elements as set forth in Section 4.0 of this Declaration. ARTICLE VIII Sumner Woods Homeowners Association Section 8.0. Membership. Every Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Section 8.1. Allocated Interests. (i) Every Owner of a Unit which is subject to this Declaration shall have a membership in the Association. The Association shall have two classes of membership, Class A and Class B. (a) Class A members shall be all Owners, with the exception of the Declarant and shall be entitled to one vote for each Unit owned. When more than one person holds an interest in any Unit, all such persons shall be Owners and a vote for such Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to each Unit. 18 (b) The Class B member shall be the Declarant and shall be entitled to three votes for each Unit owned (whether or not completed) The Class B membership shall terminate upon the happening of the earlier of the following: - the expiration of ninety (90) days from the sale of the twenty-eighth Unit; - the expiration of five (5) years from the date of this Declaration; or - upon Declarant electing in writing to the Association not to vote its membership interests. (ii) Common expenses shall be allocated among the Owners (members of the Association) in accordance with the respective floor areas of their Units (exclusive of basement, garage, porch, deck and patio areas). The Declarant shall not be responsible for paying any Common Expenses unless a Unit is leased or otherwise occupied as a residence by the Declarant prior to sale. Section 8.2. Declarant Membership. The Declarant shall be deemed to hold all of the memberships in the Association which are allocated to unsold Units and to Additional Units added to the Summer Woods Planned Community, whether or not such Additional Units are fully constructed. As a Unit is transferred by the Declarant the membership interest allocated to that Unit will be automatically transferred with the Unit. The Declarant shall appoint the initial Executive Board. 19 Section 8.3. Authority. The business affairs of the Summer Woods Planned Community shall be managed by the Association. The Association shall be governed by its by-laws, as such by-laws may be amended from time to time. The by-laws are attached hereto and made a part hereof as Exhibit C. Section 8.4. Powers. The Association may: (i) adopt and amend rules and regulations; (ii) adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for Common Expenses from Unit Owners; (iii) hire and discharge managing agents and other employees, agents, and independent contractors; (iv) institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Unit Owners on matters affecting the Planned Community; (v) make contracts and incur liabilities; (vi) regulate the use, maintenance, repair, replacement, and modification of the Common Elements; (vii) cause additional improvements to be made as a part of the Common Elements; (viii) acquire, hold, encumber, and convey in its own name any right, title, or interest to real estate or personal property, but Common Elements may be conveyed only pursuant to Section 4.0(ii); 20 (ix) grant easements, leases and licenses, through or over the Common Elements; (x) impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, By-laws, and rules and regulations of the Association; (xi) provide for the indemnification of its officers and Executive Board and maintain Board members' and officers' liability insurance; (xii) exercise all other powers that may be exercised in this state by legal entitles of the same type as the Association; and (xiii) exercise any other powers necessary and proper for the governance and operation of the Association. ARMLE IX Assessments Section 9.0. Purpose of Assessments. The assessments provided for herein shall be used for the general purposes of promoting the health, safety, welfare and enjoyment of the Owners, to maintain, repair, and replace the Common Elements and to meet any and all other expenses incurred by the Association including, but not limited to, professional fees, taxes and insurance premiums. Section 9.1. Creation of Lien and Personal Obligation for Assessments. Each Owner of a Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in any deed or 21 other conveyance instrument, shall be deemed to covenant and agree to pay the Association: (i) monthly assessments; (ii) special assessments as may be established and collected as hereinafter provided. All such assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a continuing lien in favor of the Association upon the Unit against which such assessment is made and shall also be the personal obligation of the Owner of the Unit at the time the assessment fell due. Section 9.2. Computation of Monthly Assessments. It shall be the duty of the Executive Board of the Association to prepare a budget covering the estimated Common Expenses for the ensuing year, including a reserve for capital improvements and/or replacements. The Board shall provide a summary of the budget to all the Unit Owners, and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen nor more than thirty days after providing of the summary. Unless at that meeting a majority of all the Unit Owners reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Executive Board. The monthly assessments shall be assessed against each Unit in accordance with the 22 allocations established in Section 8.1(ii) of this Declaration. Any past due Common Expense assessment shall bear interest at the rate established by the Executive Board but not exceeding the legal rate. Section 9.3. Special Assessment for Capital Improvements. In addition to the monthly assessments, the Association may levy in any assessment year, a special assessment applicable for the purpose of defraying, in whole in part, the cost of any construction or reconstruction, repair or replacement of a capital improvement upon the Common Elements, provided that any such assessment shall have the assent of at least a majority of the total number of Owners. Special assessments shall be paid as determined by the Executive Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. Section 9.4. Effect of Nonpayment of Assessments. Any assessments which are not paid when due shall be delinquent, and if not paid within thirty days of the due date shall bear interest from the date of the delinquency at the rate determined pursuant to Section 9.2. In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Executive Board shall determine, institute suit to collect such amounts and/or to foreclose its lien, and the Owner liable for such delinquent assessment shall also be responsible for interest thereon and the cost of collection including reasonable attorney's fees. The Association's lien may be foreclosed in like manner as a mortgage 23 on real estate with a power of sale under 12 V.S.A Section 4531 as currently enacted and as may from time to time be amended. Section 9.5. Priority of Liens. A lien under this section is prior to all other liens and encumbrances except a first mortgage on the Unit recorded before the date on which the assessment sought to be enforced became delinquent and liens for real estate taxes and other governmental assessments and charges against the Unit. Section 9.6. Nonwaiver. No Unit Owner may exempt himself from liability for payment of the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit against which the assessment is made. ARTICLE X Insurance Section 10.0. The Association shall maintain to the extent reasonably available (i) property insurance on the Common Elements (including Limited Common Elements) and the Units (but not improvements and betterments installed by Unit Owners) insuring against all risks of direct physical loss commonly insured against. The total amount of insurance after application of any deductibles shall be not less than one hundred percent (100%) of the replacement cost of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; and 24 (ii) liability insurance, including medical payments insurance, in an amount determined by the Executive Board of the Association covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the Common Elements (including Limited Common Elements). Section 10.1. Policy Provisions. All insurance policies obtained by the Association pursuant to Section 10.0 must provide that: (i) one or whatever each Unit Owner is an insured person under the policy with respect to liability arising out of his interest in the Common Elements or membership in the Association. (ii) The insurer waives its right to subrogation under the policy against any Unit Owner, or member of his household. (iii) No act or omission of any Unit Owner, unless acting within the scope of his authority on behalf of the Association, will void the policy or be a condition of recovery under the policy; and (iv) If at the time of a loss under the policy there is other insurance in the name of the Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. 25 Section 10.2. Losses. Any loss covered by the property policy under Section 10.0 must be adjusted with the Association and shall be payable to the Association which shall hold such such proceeds in trust for the it, the Unit Owners and lien holders, as their interest may appear. Proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Unit Owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored. Section 10.3. Restoration. Any portion of the Common Elements or a Unit for which insurance is required under Section 10.0, which is damaged or destroyed, shall be repaired or replaced promptly by the Association unless the Planned Community is terminated or unless eighty percent (80%) of the Unit Owners, including every Owner of a Unit which will not be rebuilt, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a Common Expense. ARTICLE XI Amendments Section 11.0. By Association. This Declaration may be amended only by vote of Unit Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated. No amendment shall be effective until duly executed, certified by the Association and recorded in the City of South Burlington Land Records. M. Section 11.1. By Declarant. In order to meet particular requirements of lending institutions, title insurance companies, the Veterans Administration, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or private mortgage insurers, the Declarant reserves the exclusive and unilateral right to make any change in this Declaration as long as its Development Rights have not terminated. Section 11.2. Restrictions. Except as otherwise provided in this Declaration, no amendment may create or increase the Declarant's Development Rights, increase the number of Units, change the boundaries of any Unit, change the Allocated Interest of a Unit, or the uses to which any Unit is restricted, in the absence of unanimous consent of the Unit Owners. Section 11.3. Termination. This Declaration may only be terminated upon the unanimous consent of the Unit Owners. Should the State of Vermont enact the Uniform Common Interest Ownership Act or similar legislation, the Executive Board of the Association may adopt the termination provisions of such Act, without requiring the approval of the Unit Owners. Such amendment shall be effective only when duly executed by a majority of the Executive Board, certified by the Secretary of the Board and recorded in the City of South Burlington Land Records. ARTICLE XII General Provisions Section 12.0. Enforcement. Failure to comply with this Declaration, the By-laws or any rules and regulations adopted by 27 the Executive Board shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Executive Board on behalf of the Association, or by an aggrieved Owner. Failure of the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. Section 12.1. Severability. The invalidity in whole or part of any provision of this Declaration shall not effect the validity of the remaining portions of the Declaration. IN WITNESS WHEREOF, the Summer Woods Associates, Inc., has caused this Declaration to be executed the day and year first above written. By: SUMMER WOODS ASSOCIATES, INC. Its Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, ss. At Burlington, in said County, on this day of 1990, personally appeared , duly authorized agent of SUMMER WOODS ASSOCIATES, INC., and he acknowledged this instrument by him duly sealed and subscribed, to be his free act and deed and the free act and deed of SUMMER WOODS ASSOCIATES, INC. Before me, Notary Public` 28 EXHIBIT B Site Plan Summer Woods Planned Community South Burlington, Vermont by Krebs & Lansing Consulting Engineers, Inc. Dated and recorded in Map Volume at Page of the City of South Burlington Land Records. 30 EXHIBIT C BY-LAWS ARTICLE I NAME. MEMBERSHIP AND DEFINITIONS Section 1. Name The name of the Association is Summerwoods Community Association, Inc. (hereinafter referred to as the "Association"). Section 2. Membership The Association shall consist of all of the Unit Owners as set forth in Section 8.0 of the Declaration (hereinafter referred to as "Members"). Section 3. Definitions Each capitalized term used herein shall have the meaning specified in the Declaration. ARTICLE II MEETINGS OF MEMBERS Section 1. Annual Meetings The annual meetings of the Association shall be held during the month of January of each year on such date as shall be designated by the Executive Board for the purpose of electing the Executive Board and transacting such other appropriate business to come before the meeting. Section 2. Special Meetings The President may call a special meeting of the Association if he or she desires, and shall call a special meeting of the Association if directed to do so by a majority of the Executive Board, or upon request of not less than twenty percent (20%) of the aggregate votes in the Association. Section 3. Place of Meetings Meetings of the Members of the Association shall be held at any of the Units or at such other suitable place within the City of South Burlington convenient to the Unit Owners, as may be designated by the Executive Board. Section 4. Notice of Meetings The Secretary shall mail or deliver to each Unit Owner a notice of the place, date, hour and purpose or purposes of each annual or special meeting. The notice shall be mailed or delivered no less than ten (10) nor more than sixty (60) days in advance of the scheduled date of such meeting. A Member may waive notice by signing a Waiver of Notice which shall be attached to the minutes of the meeting. Section 5. Quorum and Voting The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, more than fifty percent (50%) of the votes held by the Unit Owners shall constitute a quorum for any action except as otherwise provided in the Declaration or these By -Laws. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have the power to adjourn the meeting to a certain time, date and place, without notice other than announcement at the meeting. At any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the meeting as originally noticed. At any duly convened meeting at which a quorum is present, more than fifty percent (50%) of the votes held by Unit Owners present at the meeting, in person or by proxy, is required to adopt decisions, except when a greater number may be required by the Declaration or these By -Laws. Section 6. Proxies At all meeting of Members, a vote allocated to a Unit may be cast in person by the Unit Owner(s) or by proxy. Every proxy shall be revocable and shall -2- automatically cease upon conveyance by the Member of his Unit. No proxy shall be valid after eleven months from its execution, unless otherwise provided in the proxy. Section 7. Action Without A Meeting The Members may act without a meeting by instrument signed by all Members entitled to vote provided such instrument is inserted in the minute book, and provided all signatures are obtained within a sixty (60) day period. Any action so taken shall have the same effect as though taken at a meeting of the Members. ARTICLE III EXECUTIVE BOARD Section 1. Number The affairs of this Association shall be governed by an Executive Board composed of three (3) persons, each of whom shall be a Unit Owner. Section 2. Election and Term of Offfice At the first annual meeting of the Members of the Association the term of office of one member of the Executive Board shall be fixed at three (3) years, the second member at two (2) and the third member at (1) year. At the expiration of the initial term of office of each respective member of the Board, his successor shall be elected by the Members of the Association to serve for a term of three (3) years. The members of the Board shall hold office until their respective successors shall have been elected by the Association. Section 3. Removal or Resignation At any regular or special meeting of the Association at which a quorum is present, any one or more of the members of the Board may be removed with or without cause by a two-thirds (2/3rds) vote of the Unit Owners present and entitled to vote at such meeting and a successor may then and thereafter be -3- elected to fill a vacancy thus created. Any member of the Board whose removal has been proposed by the Unit Owners shall be given an opportunity to be heard at the meeting. A member of the Board may resign at any time and shall be deemed to have resigned upon transfer of his Unit. Section 4. Vacancies Vacancies on the Board caused by any reason other than removal pursuant to Section 3 of this Article shall be filled by a vote of a majority of the remaining members of the Board. Each person so elected shall be a member of the Board for the remainder of that year. If the term of the members being replaced does not expire at the end of that year, a successor to fill the remainder of the unexpired term shall be elected at the next annual meeting of the Association. Section 5. Compensation No member of the Board shall receive any compensation from the Association for acting as such. However, any member of the Board may be reimbursed for his actual out-of-pocket expenses incurred in the performance of his duties. Section 6. Regular Meetings A regular meeting of the Executive Board shall be held without notice immediately after and at the same place as the annual meeting of Members. The Board may by resolution provide the time and place within the City of South Burlington, State of Vermont, for holding additional regular meetings without notice other than by such resolution. Section 7. Special Meetings Special meetings of the Executive Board shall be held when called by the President of the Association, or by any two members of the Board, after no less than four (4) days written notice to each Board member. Attendance of a member at a special meeting shall constitute a waiver of notice of such meeting. -4- Notice may also be waived by a Board member signing a Waiver of Notice with the Waiver being attached to the minutes of the meeting. Section 8. Quorum and Voting A majority of the number of Board members shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Board members present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Section 9. Action Taken Without A Meeting The Executive Board shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Board members. Any action so approved shall have the same effect as though taken at a meeting of the Board, provided the written consent of all Board members is placed in the minute book. Section 10. Duties The Executive Board shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by the Declaration, Articles of Association or these By-laws directed to be done exclusively by the Members. Such powers include, but are not limited to, the following: a. Provide for the operation, care, upkeep and maintenance of the Common Areas and Limited Common Areas; b. Prepare an annual budget; C. Determine and collect monthly assessments and other assessments authorized by the Declaration; d. Employ a managing agent and such other personnel as may be necessary; -5- e. Adopt and amend Administrative Rules and Regulations governing the details of the operation and care of the Property including the Common Areas; f. Enforce the provisions of the Declaration, these By -Laws and the Administrative Rules and Regulations; g. Maintain books and records of all financial and business transactions including the keeping of detailed accurate records in chronological order of the receipts and expenditures affecting the Common Areas, specifying and itemizing maintenance and repair and all other expenses; and h. Maintain any insurance required by the Declaration or these By -Laws; i. Such other things and acts not inconsistent with the Act, the Declaration or these By -Laws it deems necessary in managing the Planned Community. ARTICLE IV OFFICERS AND THEIR DUTIES Section 1. Designation The principal officers of the Association shall be a President, a Secretary and a Treasurer, all of whom shall be elected by the Executive Board. The Board may appoint any other officers as it deems necessary. All officers shall be members of the Association. Section 2. Election of Officers The officers of the Association shall be elected annually by the Executive Board at their annual meeting and each shall hold office for one year and until his or her successor is duly elected and qualified unless he or she shall sooner resign, or shall be removed or otherwised disqualified to serve. Section 3. Removal At any regular or special meeting of the Executive Board, any one or more officers may be removed from office with or without cause and a successor shall then and thereafter be elected to fill the vacancy thus created. Section 4. Vacancies An officer may resign at any time and shall be deemed to have resigned upon the transfer of his Unit. A vacancy in any office shall be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he or she replaces. Section 5. Duties a. President. The President shall be the chief executive officer of the Association; preside at all meetings of the Association and of the Executive Board; and have all of the general powers and duties which are incident to the office of president of an association, including but not limited to the power to appoint committees from among the Unit Owners as he or she may deem appropriate to assist in the conduct of the affairs of the Association. The President must be a member of the Executive Board. b. Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members of the Association and such other records of the Association as may be required. He or she shall also serve notice of meetings of the Board and of the Members and keep appropriate current records showing the Members of the Association together with their addresses. He or she shall perform all other duties incident to the office of Secretary. C. Treasurer. The Treasurer shall have the responsibility for Association funds and shall be responsible for keeping full financial records including accurate accounts of all receipts and disbursements. He or she shall be responsible for the deposit of all monies in such depositories as may be designated by -7- the Executibe Board and shall, in general, perform all the duties incident to the office of treasurer. He or she shall collect all assessments including preparing and sending bills and notices of delinquency. He or she shall report annually to the Association at its annual meeting. Section 6. Compensation of Officers No officer shall receive any compensation from the Association for acting as such. Officers may, however, be reimbursed for out-of-pocket expenses or may be paid for services rendered if so voted at a membership meeting. Section 7. Signing of Documents All agreements, contracts, deeds, leases, checks and other documents of the Association shall be signed by the President and Treasurer of the Association, or by such person as may be designated by the Executive Board by appropriate resolution. ARTICLE V LIABILITY OF EXECUTIVE BOARD AND UNIT OWNERS The officers and members of the Executive Board shall not be liable to the Association for any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The Association shall idenmify and hold harmless each of the officers and Executive Board members from and against all contractual liability to others arising out of contracts made by the Association unless any such contract shall have been made in bad faith or contrary to the provisions of the Declaration or these By -Laws. Officers and members of the Board shall have no personal liability to any Unit Owner with respect to any contract made by them on behalf of the Association. Every agreement made by the officers or the Executive Board on behalf of the Association shall, if obtainable, provide that the officers or the members of the Executive MM Board, as the case may be, are acting only as agents for the Association and shall have no personal liability thereunder (except as Unit Owners). ARTICLE VI GENERAL PROVISIONS Section 1. Amendments These By -Laws may be amended by a vote of sixty-seven (67'/) percent of all Members of the Association. No amendment shall be valid unless set forth in an amendment to the Declaration and such amendment is duly recorded in the City of South Burlington Land Records. Section 2. Severability and Conflict In the case of any conflict between the Declaration and these By -Laws, the Declaration shall control. The invalidation of any provision or provisions of these By -Laws shall not effect any other provisions which shall remain in full force and effect. Section 3. Waiver No restriction, condition, obligation or provision contained in these By -Laws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur. year. Section 4. Fiscal Year The fiscal year of the Association shall end on December 31st of every -9- STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 111 West St. Essex Junction, Vermont 05452 879-6563 R : Summer Woods Associates o The Allen Agency 252 College_St. - Burlington, VT 05401 and William R. Shearer 1675 Shelburne Road South Burlington, VT 05403 Application #4C0794 Prehearing Report and Order 10 V.S.A. Chapter 151 (Act 250) Application #4C0794 was filed on February 27, 1989 for a project generally described as a 38 unit residential condominium development, with municipal water and sewer services, associated roadways and utilities, located on 12.23 acres of land off of Patchen Road in South Burlington, Vermont. I. Introduction A pre -hearing conference pursuant to Environmental Board Rule 16 was held on the above -referenced application on March 22, 1989. Commissioner Gil Livingston established party status and identified various issues under the 10 criteria. The Commissioner explained that the purpose of the pre -hearing conference was to expedite the permit process by identifying key issues before the hearing convenes. II. Party Status The following persons who attended the hearing have statutory party status: 1. The Applicant by Winston Hart, John Osgood, Susan Hilton, Dick Spokes, William Nedde, and Robert Krebs. Adjoining property owner Mr. Terry Sheppard, 131 Patchen Road, South Burlington, Vermont was present and indicated that he may request party T status. He will contact the Commission within seven days of the prehearing conference regarding the criteria under which he would like to participate. Summer Woods Associates #4CO794 Prehearing Conference Report and Order Page 2 Issues The following relevant issues were identified at the pre -hearing conference, on which the applicant and all Parties should be prepared to discuss or submit documentary evidence at the hearing: IV. 1. Criterion l(B) - The applicant will provide the Commission with evidence regarding the reserve capacity and permit compliance of the Airport Parkway Sewage Treatment Plant. The applicant should also be prepared to give a presentation regarding the stormwater management plan. 2. Criteria 1(E) and 4 - The applicant will provide evidence regarding the impact to the stream of the stormwater discharge and any resulting erosion. 3. Criterion 5 - The applicant will provide an update of the traffic report if necesssary and will discuss improvements that may be needed to the Patchen Road/White Street intersection. The applicant will also provide accident data for Grove St. and will be prepared to address any concerns regarding pedestrian safety in the development. 4. Criterion 6 - The applicant will provide the Commission with a letter from the South Burlington Superintendent of Schools regarding the number of students to be generated by the project and the capacity of the school system to handle the new students. 5. Criterion 8 - The applicant will provide a lighting plan for the development. 6. Criterion 9(A) - The applicant will provide additional information regarding impact fees to be paid to the City of South Burlington. 7. Criterion 9(G) - The applicant will be prepared to discuss the maintenance of the sewage pump station and whether a sinking fund is necessary for this purpose. Order Based on the above, the Commissioner issues this Preliminary Order which is subject to Board Rule 16. 1. In addition to the filed application, the applicant must address or submit evidence on the issues identified under III. 1-7. Summer Woods Associates #4CO794 Prehearing Conference Report and Order Page 3 2. All parties must be prepared to go forward and present all their evidence on the criteria under which they have been admitted. 3. The scheduled hearing on April 4, 1989 will cover the 10 criteria. Subject to objections from any parties, the Commission will consider a waiver of written findings for Criteria 1(Air), 1(A), 1(C-D), 1(F), 2, 3, 6, 9(B-F), 9(H), and 10. ,( L Dated at Essex Junction this "C,I day of March, 1989 --L. &�- Louis Borie District #4 Coordinator 4cO794.pre f Gil Livingston District #4 Commission CERTIFICATE OF SERVICE I hereby certify that I, Louis Borie, District Coordinator for the # 4 District of the Environmental Board, sent a copy of the foregoing Application #4CO794 Preheari ng Report and Order by U.S. Mail, postage paid, on this 30th day of March, 1989 to the following: Summer Woods Associates c/o The Allen Agency 252 College Street Burlington, Vermont 05401 William R. Shearer 1675 Shelburne Road South Burlington, Vermont 05403 Susan Westie Hilton P.O. Box 1037 Waitsfield, VT 05673 Margaret Picard, City Clerk 575 Dorset Street South Burlington, Vermont 05403 iChairman, Board of Selectmen 575 Dorset Street South Burlington, Vermont 05403 Chairman, City Planning Commission 575 Dorset Street South Burlington, Vermont 05403 Joe Weith, City Planner 575 Dorset Street South Burlington, Vermont 05403 Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 I Mark Sinclair, Esq. Representative, State Agencies Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, VT 05676 FOR YOUR INFORMATION !' District #4 Environmental Commission Gil Livingston Helen Lawrence Chuck Storrow 111 West Street Essex Junction, Vermont 05452 Page 2 Certificate of Service #4CO794 Robert Krebs Krebs & Lansing 10 Main Street Colchester, Vermont 05446 Regional Engineer Ernie Christiansen 111 West Street Essex Junction, VT 05452 Terry and Mary Shepard 131 Patchen Road ;South Burlington, VT 05403 Dated at Essex Junction, Vermont, this 30th day of March 1989. CS4CO794/eb { By Lo is Borie ee District #4 Coordinator OSGOOD -HART PROPERTIES 252 COLLEGE STREET BURLINGTON, VERMONT 05401 April 25, 1989 Chittenden County Regional Planning Commission Post Office Box 108 Essex Junction, VT 05452 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chairman, City Planning Commission 575 Dorset Street South Burlington, VT 05403 Re: Summer Woods, South Burlington, Vermont Dear People: Enclosed with reference to the pending Act 250 application of Summer Woods Associates is further information regarding street lighting for the above -referenced project. Sincerely, Susan Westie Hilton GREEN MOUNTAIN POWER CORPORATION GREEN M=NTAIN DRIVE • BOX 850 • SO. BURLINGTON, VT 05402 • (802) 8%4-5731 April 20, 1989 Ms. Susan Hilton P.O. Box 1037 Waitsfield, VT 05673 Dear Ms. Hilton: I apologize for the delay in providing additional data for the roadway luminaire proposed for your development. I have attached a print showing the approximate light pattern for the fixture. The light pattern shown is based on using a high-pressure sodium light in the luminaire and we will be using a mercury vapor light. I have discussed this with our engineer and a technician at the General Electric lighting plant and both agree that the pattern will be very similar using a mercury vapor bulb. The main difference will be the amount of lumens provided which is taken in to account by the factors on the chart. I hope this provides the information you need. If there are any questions, please do not hesitate to give me a call. Very trul yours, -Ph ames M. Fontaine Assistant Director, Customer Service JMF:ar Attachment JMF'4/1.7 r+F•F:—:2 1 -- c FIB: I i 1 4_ ISOFOOTCANDLE CURYES ti RATIO OF LONGITUO'NAL D,S'of.NCE TO MOLN:Tj.NG HElGHTi ZO I� 7' 6 5 4 3 �W 2 1 18�'V) Ui 2x u z H LW Ir z � J z � �o.z 0.1 `Y1 0 06 O w N ¢ a C2 a 2 0'01 0.0C2 I 0.001 Y PER 1000 LAMP LUMENS NOT E• 1 FC)OTGA`: %E • 10.76 LL.'X VGL'NTIN0 H.E:GHT CGFAECTION FACTORS FOR i4�R THA.-N-,iFEET. r USE THOLE eELOVY OR -ACTOR - ,ACTVA: MOVN7o.G Hf GKT _ FEET, 20 2' 3� 35 40 45 so `°rr�R j2 2511 .44 .or) i0,73Q 56io 44 0 30 Mounting Height - 20 feet Bulb - 100 watt mv. Mean Lumens - 3200 Factor for Light Pattern: 2.85 (mt ht) x 3.2 (mean lumens) - 7.2 1000— Maximum FC = 7.2 x .2 - 1.44 t' Jui C7.1T-0~F III CIE TYPE GEti'ERAL INFOPMAT1GN TEST OiS7A`+CE T.0 "mow MAX CANDELA 337.3 MAX CONE 72 S MAX VER1 .TICAI- PLANt 53 5 MAX CANDELA AT 90- 1 22 Ma.X CANDELA AT W 18.5 NADIR FOOTCANDLES 0.21,80 NADIR CANDELA 25).3 MULTIPLY ALL LUVEN. CANDELA. AND FOOTCANDLE VA1 1ES BY THIS RATIO RATfO. ACTL'A� LAMP Ll:M;hS TJO PSQT0mETRIC TEST IN ACCORDANCE WITH IS GUIDE OSGOOD -HART PROPERTIES 252 COLLEGE STREET BURL.INGTON, VERMONT 05401 April 25, 1989 Chittenden County Regional Planning Commission Post Office Box 108 Essex Junction, VT 05452 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chairman, City Planning Commission 575 Dorset Street South Burlington, VT 05403 Re: Summer Woods, South Burlington, Vermont Dear People: Enclosed with reference to the pending Act 250 application of Summer Woods Associates is further information regarding street lighting for the above -referenced project. Sincerely, atz'4� Susan Westie Hilton GREEN MOUNTAIN POWER CORPORATION GREEN MOUNTAIN DRIVE • BOX 850 - SO. BURLINGTON, VT 05402 - (802) 864-5731 April 20, 1989 Ms. Susan Hilton P.O. Box 1037 Waitsfield, VT 05673 Dear Ms. Hilton: I apologize for the delay in providing additional data for the roadway luminaire proposed for your development. I have attached a print showing the approximate light pattern for the fixture. The light pattern shown is based on using a high-pressure sodium light in the luminaire and we will be using a mercury vapor light. I have discussed this with our engineer and a technician at the General Electric lighting plant and both agree that the pattern will be very similar using a mercury vapor bulb. The main difference will be the amount of lumens provided which is taken in to account by the factors on the chart. I hope this provides the information you need. If there are any questions, please do not hesitate to give me a call. Very trul yours4. ames M. Fontaine Assistant Director, Customer Service J M F : a r Attachment JMF4/1.7 i1F'F,— 1 —o.E:. F= F-.: Z iSOFOOTCANDLG CURYES RATIO OF LONGITUOINAL DISTANCE TO MOV;NTI!NG HEjC-HT1 O _fir_ �--�-�.� ` ♦' � ` PER 100 LAMP LUMENS °" NOTE. 1 FOOTCANDLE - 1476 Lt:X %AOt;NTING WE;GMT CGF.FECTION F;.CTORS FOR ; Tr•ER IHA,KD��FEET.! 9'.1J USE TABLE eE:OVV OR FACTOR - ,ACTUAL titr.; �EMcFEET , 20 25 30 35 40 4s 1 50 FA�;R 25 j1 44 1 . Or 10. 7310 5610 44 0 3� - I-.�..-...�...Y.1_ _.�� Mounting Height - 20 feet Bulb - 100 watt mv. Mean lumens - 3200 Factor for Light Pattern: 2.85 (mt ht) x 3.2 (mean lumens) Q 7.2 1000 Maximum FC = 7.2 x .2 - 1.44 ANSI W-01�'>: CIE TYPE 372 " III GENERAL INFQI:MATICN TEST OISTaICE �0''' MA.X CANDELA372 5 Mi,X CONE 5 w.AX VERTICAL PLA`.E 57.E 3� 5 WAX CAN0E;A AT 904 � .2 MAX CANDELA AT W 18.5 NA:)iR FOOTCANDLES 0.2/elo NADIR CANDELA cSD.3 MULTIPLY ALL LUMEN, CANDE:A. AND FOOTCANDLE VA' „VES by TiiIS RATIO RATIO • ACTLIA LA►JIF kuyE%s 000 P)-IDTOME-.RIC TEST IN ACCORCA'%CE WITH .ES GTE r F-ILP:�����p EO M W 4' I��/' U� OSGOOD -HART PROPERTIES 252 COLLEGE STREET BURLINGTON, VERMONT 05401 April 18, 1989 Mr. Art Hogan, Executive Director Chittenden County Regional Plannning Commission 58 Pearl Street Essex Junction, VT 05452 City of South Burlington and South Burlington Planning Commission Municipal Building 575 Dorset Street South Burlington, VT 05403 Re: Summer Woods Act 250 Application Dear People: Enclosed are copies of various submissions made subsequent to the April 4 public hearing to the District IV Environmental Commission regarding signage and lighting for the proposed Summer Woods development in South Burington. Sincerely, Susan Westie Hilton for Summer Woods Associates State of Vermont LAND USE PERMIT CASE NO.: 4C0794 APPLICANT:Summer Woods Associates ADDRESS: c/o The Allen Agency 252 College St. Burlington, VT 05401 and William R. Shearer 1675 Shelburne Rd. South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 (Act 250) District Environmental Commission #4 hereby issues Land Use Permit #4C0794, pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit applies to the lands identified in Book 217, Page 421, Book 217, Page 423, of the land records of the Town of South Burlington, Vermont, as the subject of a deed to William R. Shearer and further subject to an option to Summer Woods Associates, the "Permittees" as "Grantees". This permit specifically authorizes the Permittees to construct a 38 unit residential condominium development, with municipal water and sewer services, associated roadways and utilities, located on 12.23 acres of land off Patchen Road in South Burlington, Vermont. The Permittees, and their assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed, operated and maintained as set forth in Findings of Fact and Conclusions of Law #4C0794, 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. Page 2 Land Use Permit #4C0794 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 Permittees agree 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 Permittees confirm and agree for themselves 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 Permittees and all assigns and successors in interest. 5. Prior to commencement of construction on the duplex lot, the Permittees shall file an amendment application addressing criteria 4 and 8 of Title 10, Section 6086 (a) (Act 250) . 6. This permit hereby incorporates all of the conditions of the Water Supply and Wastewater Disposal Permit #WW-4-0106 issued on June 8, 1989 by the Regional Engineer, Division of Protection, Agency of Natural Resources. 7. The Permittees 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. 8. The Permittees shall file with the District Commission the Stormwater Discharge Permit issued by the Agency of Natural Resources. 9. The Permittees shall apply to the District Environmental Commission for approval for any change in the use of the building or land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils. Page 3 Land Use Permit #4C0794 10. The Permittees and all assigns and successors in interest shall install and maintain water conserving water 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 when new fixtures are being installed. 11. The Permittees shall comply with Exhibits #22, 24, and 25 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. Specifically, the Permittees shall install a snow fence as depicted on the plans along the limits of construction downslope of the buildings. The Permittees shall also install and maintain a silt fence downslope of units 30, 31, and 32. The Permittees shall prevent the transport of any sediment beyond that area necessary for construction approved herein. From October 1 to April 15 of any calendar year, all disturbed areas of the construction site shall be mulched until final vegetative cover is established. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as it deems necessary. 12. In addition to conformance with the requirements of condition #11, the Permittees 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 Permittees from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. 13. The Permittees and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #19 by replacing any dead or diseased plantings as soon as seasonably possible. 14. The installation of exterior light fixtures is limited to those approved in Exhibits #22, 33, and 45, 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. Page 4 Land Use Permit #4C0794 15. Exterior signs shall be limited to the one depicted in Exhibit #46 and will be lighted by two 150 watt floodlights mounted in such a way as to prevent any glare when seen from any adjacent roadways. 16. All heated structures approved herein shall be constructed with insulation with an R-Value of at least R-19 in the exterior walls, at least R-38 in the roof or cap and at least R-10 around the foundation or slab to a depth of four feet below grade. 17. The Permittees shall not remove or disturb the large pine tree located adjacent to the beginning of the access road, without the written approval of the District Environmental Commission. 18. The installation and/or use of electric resistance space heating is specifically prohibited without the prior written approval of the District Environmental Commission. 19. Should the town at any time agree to accept any private utilities being then operated by the Permittees and/or assigns and successors in interest, the Permittees 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. 20. Each prospective purchaser of any lots shall be shown a copy of the approved plot plan, Water Supply and Wastewater Disposal Permit, the Land Use Permit and the Findings of Fact before any written contract of sale is entered into. 21. The Permittees shall reference the requirements and conditions imposed by Land Use Permit #4C0794 in all deeds to said condominium units. 22. All construction on this project must be completed by October 1, 1992. 23. This permit shall expire on June 1, 2019 unless extended by the District Commission. Notwithstanding the latter date, this permit shall expire one year from date of issuance if the Permittees have not demonstrated an intention to proceed with the project. In any event, substantial construction must occur within two years of the issuance date. Page 5 Land Use Permit #4C0794 24. 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- day of July, 1989. Louis Bori e District #4 Coordinator 4C0794.lup BY_ Gi 1 Livingston Chairperson District #4 Commission Commissioners participating this decision: Helen Lawrence Charles Storrow STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION RE: Summer Woods Associates Application #4C0794 c/o The Allen Agency Findings of Fact and 252 College St. Conclusions of Law Burlington, VT 05401 and Order 10 V.S.A., Chapter 151 and (Act 250) I. William R. Shearer 1675 Shelburne Rd. South Burlington, VT 05403 INTRODUCTION On February 27, 1989, an application for an Act 250 permit was filed by Summer Woods Associates, c/o The Allen Agency, 252 College St., Burlington, Vermont and William R. Shearer, 1675 Shelburne Road, South Burlington, Vermont for a project generally described as the construction of a 38 unit residential condominium development, with municipal water and sewer services, associated roadways and utilities, located on 12.23 acres of land off Patchen Road in South Burlington, Vermont. The tract of land consists of 12.23 acres with 12.23 acres involved in the project area. The applicant's legal interest is ownership in fee simple described in a deed recorded on September 16, 1986 in the land records of the City of South Burlington, Vermont and further subject to an option held by Summer Woods Associates. 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 with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of Findings of Fact and Conclusions of Law. The facts we have relied upon are contained in the documents on file identified as Exhibits #1 through #50, and the evidence received at a hearing held on April 4, 1989. At the end of the hearing, the proceeding was recessed pending submission of additional information. The hearing was adjourned on June 30, 1989 upon receipt of the additional information and completion of Commission deliberations. Page 2 Findings of Fact #4C0794 Parties to this application who attended the hearing are: The Applicant by John Osgood, Winston Hart, Richard Spokes, Bill Nedde, Susan Hilton, David Spitz, and Robert Krebs. The Entry of Appearance and Pre -Hearing Comments filed by Elizabeth Lord of the Agency of Natural Resources were entered into the record by agreement of the parties. II. 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 their burden with respect to Criteria 1 (Air) , 1 (A) , 1 (C-D) , 1 (F) , 2, 3, 7, 9 (B-E) , 9 (H) , and 10 by introducing the application into the record. Parties, therefore, waived the issuance of written findings concerning these criteria. The following written findings are limited to Criteria 1 (B) , 1 (E) , 4, 5, 6, 8, 9(A), 9 (F) , and 9 (G) . II SECTION 6086 (a) (1) WATER AND AIR POLLUTION: The Commission finds that this project will not result in undue air or water pollution: SECTION 6086 (a)(1)(B) WASTE DISPOSAL: The Commission finds that this project will meet applicable Division of Protection Regulations and will not result in the injection of waste materials or harmful or toxic substances into groundwater or wells. 1. The estimated 18,000 gallons per day of sanitary wastes will be disposed of through connection to the South Burlington Airport Parkway Sewage Treatment Plant and South Burlington City Planner Joe Weith has stated that the plant has the reserve capacity to handle the sewage flow. 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 #42). Page 3 Findings of Fact #4C0794 2. The site is predominantly wooded and contains both level and moderately sloped areas. The soils are primarily Adams and Windsor sands. Stormwater from the roadways will be directed into catch basins designed to remove floatable and settleable solids, through perforated stormwater pipe designed to allow for percolation, and then to three discharge points. The discharge will be into a small unnamed tributary of the Winooski River. A letter from the Agency of Environmental Conservation has been issued indicating that the stormwater management plan is in compliance with the criteria necessary to issue a stormwater discharge permit. (Exhibit #43). The Commission will require that the stormwater permit be filed when it is issued. 3. 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. IISECTION 6086 (a) (1) (E) STREAMS: j � 4 . The Commission finds that the small unnamed tributary on the P site will be protected by a 50 foot vegetated buffer zone and through the use of temporary erosion control measures. 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. 5. The project site is predominantly wooded and contains level top moderately sloping terrain. The soils are Adams and Windsor sands. 6. Temporary measures for soil erosion control are depicted on Exhibits #22, 24, and 25. 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. Snowfencing will be installed along the limits of construction upslope from the drainage swale and stream as shown on the plans. Page 4 Findings of Fact #4C0794 7. Permanent erosion controls consist of roadway paving, sidewalks, or vegetation on all disturbed areas. 8. The duplex lot will be used for the topsoil stockpile area. SECTION (a)(5) TRANSPORTATION: The Commission finds that this project will not cause unreasonable congestion or unsafe conditions with respect to transportation. 9. Sight distances at the access of the new road onto Patchen Road are 697 feet to the south and 514 feet to the north. (Exhibit #7) . The estimated traffic from the project is 244 trips per day and 28 peak hour trips. Patchen Road and the Patchen Road -White Street intersection have the capacity to accommodate this additional traffic. 10. Patchen Road will be repaved and a sidewalk added during the summer of 1989. The White Street-Patchen Road intersection will be signalized during the summer of 1990. (Testimony of David Spitz) 11. The two parking spaces per unit and 16 guest parking spaces it are adequate for the demands of the project. 12. All school children will be bussed to the local schools from this project. (Testimony of David Spitz) SECTION 6086(a)(6) EDUCATIONAL SERVICES: The Commission finds that this project will not place an j unreasonable burden on the ability of the municipality to provide educational services. 13. The Applicant estimates that 18 school -age children will be added to the local school system as a result of this project. The South Burlington Superintendent of Schools has indicated that these additional students will not unduly 3 burden the system. (Exhibits #10 and #32) Page 5 Findings of Fact #4C0794 SECTION 6086 (a)(8) AESTHETICS, SCENIC BEAUTY, HISTORIC SITES AND NATURAL AREAS: 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. 14. There are no historic sites, necessary wildlife habitat or rare and irreplaceable natural areas which will be affected by this project. (Exhibit #14 and #30) . 15. The project will be landscaped as outlined on Exhibit # 19. The Applicant agreed to continually maintain the landscaping as approved and the proposed covenants require that the landscaping be maintained by the homeowners. 16. Exterior lighting will consist of three 150 watt mercury vapor cutoff luminaires on 20 foot poles and will be installed as depicted on Exhibit #3. All fixtures will have concealed light sources. 17. The exterior of the buildings will be'light yellow clapboards with white trim. 18. The sign will be located and constructed as outlined on Exhibit #46 and will be lighted with two 150 watt floodlights which will be shielded so as to prevent glare from the adjacent roadway. 19. A large pine tree stands adjacent to the beginning of the entrance road. The Commission will require that this tree be preserved. 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. 20. The City of South Burlington has identified no undue burdens'; on any facilities or services. 21. The applicant will be paying a total of $28,143 to the City of South Burlington in Intersection Improvement, Sewer, Water, and Recreation fees. Page 6 Findings of Fact #4C0794 SECTION 6086(a)(9)(F) ENERGY CONSERVATION: 22. 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. The applicants have agreed to specific energy conservation measures suggested by the Public Service Department and the Commission will incorporate these measures as conditions of the permit. SECTION 6086(a)(9)(G) PRIVATE UTILITY SERVICES: 23. The private utility proposed for the project is the sewer pump station. The Applicant has provided for the maintenance, repair, and replacement of this pump station through the creation of a reserve fund to be administered by the homeowners association. (Exhibit #48) 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 land conditions of that application, and of Land Use Permit #4C0794, will not cause or result in a detriment to public 1 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 #4C0794 is hereby issued. Page 7 Findings of Fact #4C0794 4h Dated at Essex Junction, Vermont, this .-'S day of July, 1989. Louis Bori e District #4 Coordinator 4C0794.ff W. `Gilbert Li vi ngkton Chairperson District #4 Commission Commissioners participating in decision: Helen Lawrence Charles Storrow CERTIFICATE OF SERVICE I hereby certify that I, Louis Borie, District Coordinator for the # 4 District of the Environmental Board, sent a copy of the foregoing Land Use Permit and Findings of Fact and Conclusions of Law and Order #4CO794 by U.S. Mail, postage paid, on this 5th day of July, 1989 to the following: Summer Woods Associates c/o The Allen Agency 252 College Street Burlington, Vermont 05401 William R. Shearer 1675 Shelburne Road South Burlington, Vermont 05403 Susan Westie Hilton P.O. Box 1037 Waitsfield, VT 05673 Margaret Picard, City Clerk 575 Dorset Street South Burlington, Vermont 05403 Chairman, Board of Selectmen 575 Dorset Street South Burlington, Vermont 05403 Chairman, City Planning Commission 575 Dorset Street South Burlington, Vermont 05403 Joe Weith, City Planner 575 Dorset Street South Burlington, Vermont 05403 Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 Mark Sinclair, Esq. Representative, State Agencies Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, VT 05676 Richard A. Spokes Spokes, Foley & Peterson 239 South Union Street P.O. Box 986 Burlington, Vermont 05402-0986 Page 2 Certificate of Service #4CO794 FOR YOUR INFORMATION District #4 Environmental Commission Gil Livingston Helen Lawrence Chuck Storrow 111 West Street Essex Junction, Vermont 05452 Robert Krebs Krebs & Lansing 10 Main Street Colchester, Vermont 05446 Regional Engineer Ernie Christiansen 111 West Street Essex Junction, VT 05452 Terry and Mary Shepard 131 Patchen Road South Burlington, VT 05403 Dated at Essex Junction, Vermont, this 5th day of July 1989. BY o i s Bori e District #4 Coordinator I CS4CO794/eb OSGOOD -HART PROPERTIES 252 COLLEGE STREET BURLINGTON, VERMONT 05401 April 17, 1989 Mr. Lou Borie District Coordinator District IV Environmental Commission 111 West Street Essex Junction, Vermont 05452 Re: Summer Woods, South Burlington, Vermont Dear Lou: I am writing this letter to confirm our telephone conversation of Friday, April 14, in which I advised you of the outcome of a telephone conversation I had with Jim Fontaine at Green Mountain Power Corporation. As you know, Gil Livingston inquired at our public hearing on April 4th whether it would be possible to substitute a metal halide street light for the mercury vapor light we submitted to the Commmission. Although Summer Woods Associates did not know at the time of the hearing of any reason why the substitution of lighting type could not be made, Mr. Fontaine has since informed me that Green Mountain Power does not offer metal halide lighting. As the street lights are provided and metered by them, we once again submit the mercury vapor light to the Commission as our selection for use at Summer Woods. In connection with the proposed lighting, the Commission has also requested specific photometric information. This was not available through the local Green Mountain Power office but they have requested the detail from their Massachusetts office. As soon as we have received these photometrics, they will be forwarded on to the Commission. Sincerely, 4�ut�$� Susan Westie Hilton EXHIBIT L-4 ED 0 Fi tJ I t--: C- 5 A L-X--- C 4 = Off ' Ld tom.! ► tom; A. , M - Zs"D-"Z G&7- E<>—k A—, vJ KICK \.VA -Fr M E;XrU fZY FP_ LA�A_� ALUMi1,JlUM M A :-;T AZM P=-i a7--�JW,7 G LA &!5 u G �-;-; PCK-C-- �v� 1A' � M 1 Na L_ t�1 O� Y�,7' �!�•y TYPICAL STREET LIGHT NT• GREEN MOUNTAIN POWER CORPORATION GREEN MOUNTAIN DRIVE • BOX 850 • SO. BURLINGTON, VT 05402 • (802) 864.5731 March 29, 1989 Ms. Susan Hilton Box 1037 Waitsfield, VT 05673 Dear Ms. Hilton: Following up on our conversation regarding the streetlighting for Summerwoods Development in South Burlington, I am enclosing a sketch of the light fixture that has been used as an alternative to the Town and Country light. This is referred to as the "Roadway" light and the current monthly cost is $10.29/month for the 100 watt mercury vapor size. I believe the District Environmental Commission will accept this as an alternative to Town and Country and the Decashield light, however, you should confirm this in your Act 250 process. If there are any questions or I can be of further assistance, please give me a call. Very truly yours, ames M. Fontaine Assistant Director, Customer Service J M F : a r Enclosure JMF3/1.42 SUMMER WOODS South Burlington, Vermont Criterion 8. Aesthetics. Signage. Applicant intends to erect a project sign to the left of the Summer Woods entrance off Patchen Road (as shown on the enclosed section of the site plan), of the type and design shown on the attached sketch by Matarazzo Design, Inc. The sign will be 3-1/2 feet by 6 feet, constructed of wood, and be mounted on two wooden 6 x 6 posts. The permanent landscape surrounding the sign will also be designed by Matarazzo to ensure its harmonious integration with their landscape design for the development (Exhibit F). The two 150 watt floodlights used to provide the indirect illumination will be located unobtrusively in front of the sign among the plantings, and the light will be concentrated upon the sign to prevent any glare upon either the street or adjacent lots. The sign and its lighting will conform in all respects to the City of South Burlington's Sign Ordinance. No signs are planned to be located on the buildings themselves. No pennants, flags or other similar advertising methods will be used in the project development. �. �Ih►tea z*1 v 3 -7 d-, ( 11L� n (y'3� j 3n Oi =-IU Ao-:i --N6J INC I w i N W To be conveyed Io &ri// 1 I � Brit/ Exisnnfl 57Nh + New Bri/l Rim 3G�4 /7 curt cut ------ Inv. 294. /2 1 New s/alewo/k — - ►' EXIsi//q 08 J- Rim 3076 CB 4 ------ � Inv 305./ t SMA 2 /S " P✓C s`_ s/reel ._ - ?•� S017 C83F�_ .00 -_ -- - 5� o N NO Z Q. / Existing CB Rim 307 B9 / In 30489 R/CHARD TERRACE gas valve Existing CB Rim 307.5/ Inv, 304.59 fop 1 New 5Mh / Rim match fg- /nv. 2-953 Ex. ,iw. 294.28 -New topping s/eew and valve PwravNce-eiq" -{ 31' x�,t --Mou+ted O►1 -f van lO X b posh, Name: Contact: 4-0-f- TELEPHONE MEMO na tire Date: 0 S u b j e c t. A A A r C 4 '4 _ S „ SSG mat o- �� 2-z((L llwrl 6-vb � k �, 540B3 31 PW C� / Nfil' ChM � s 30 i VOtrf TvT�G � &67V L© 7 U��,j i 1pv /,Oj dwi .o /� H S .' -512, 2 12 "'#6 We 4441 at- AVI djza�f NO 11 Malut. CIF (SI � /d �� J 3 5� ��Y�°Gt+A✓AA^(� �YCa� �f/N l_ a� s✓uMMI;jZWOOt75 -5. 13UKJ�INEk"RlN-of VT. C O�SE 'TYPICAL ?LANT i5 IaSrE>7 1=orz.e-A� S�M?oV -ADDrtiaJAJ, GkGyr.�S APGEAIt vN -rsf- nl.-ANT ."-"T-) ----- — ---- PLANT NAME - i512� -- S�r ar>= 4 /rfvf: ww,�NQ{ . �t e,w uurr q uNtT 6 - vNrrL rmm6L �I I.ANbSGA�E'E 11oi�S! jkONYY LOCUST `�'=�{ZGti �jt,g UNIT TL4NTS I VNIT ST�s'tSc,aPG PLA�rrS 2� LfzA6 APPt,� -�A�-A�� Z"a�i'CGtI t�fP 2 � urltr �tJrt°11Nce4 cOMMON Amf-AmAN-rs I F'IHt- IS'IU' btti 14 - ------- V IT '?LAMS N I I GNT 2A NGE R AfJTS-d UIJIf PLAI,f� . -_ 18 D Al2.K.o\ODD vl;��r�luM-- -- jj�-►dint- 6}� � L4 O i I .. . --- ! I -- - - I _ � I 1 - -- �nrre4NCE I-LANr5tc,W, Tu►,trs ----- 2D } (ao►-n Pp I v N Ir i�.hrs -- IrcJ,{7t°J.-------- -op Po- t7,w-nu,t t Z� U�1W�/� 5°2D• YE w 2-3Nord g+g I Z7 dTf�ANL� r;.t�nrr� a vl,IjvLauS I VNIT •Pi.-AKr-S _ III h,S, QED UGCk ST NO? -WAY MQ PL E li�-Fj'��t; fjt�-i _2 3 " g `mot e f 6 I �NT�NL>; �L�S --- -- --- !2� I 10 ! N 02\vAy '5PRULr= - 4-I✓D PINE --- -- ----IZ'-I�i'vq; t+$ I t0'-12'NIq- - -- � Cod I DAI�•K 1�1>:21C,AN A-�BoRv.�rrAi~ — �'—; g'l�$'g' i----� � _ �I --- I � — I I i I City of South Bti►-linbton 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658.7955 February 10, 1989 Summerwoods Associates c/o The Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summer Woods, Patchen Road Dear Chip: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also enclosed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, February 14, 1989 at 7:30 P.M. to represent your request. Sincerely, Joe Weith, City Planner JW/mcp Encls City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 25, 1987 William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Shearer, Summer Woods, Patchen Road Dear Mr. Shearer: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of August 11, 1987. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp ] Encl cc: David Spitz Krebs & Lansing OSGOOD - HART PROPERTIES 252 COLLEGE STREET BURLINGTON, VERMONT 05401 July 17, 1989 Mr. Joe Weith, City Planner 575 Dorset Street South Burlington, Vermont 05403 RSummer Woods Dear Job. The following information is being provided to you in accordance with the stipulations contained in the City Planning Commission's approval of the Summer Woods project. Stipulation #3. a. Ormond Bushey & Sons will be the contractor responsible for site work, while Sweeney & Belisle, Inc. are serving as project builders. b. Krebs & Lansing Consulting Engineers, Inc. (Bob Krebs) is the engineering firm responsible for the staking out and supervision of the construction and, upon completion of the work, will certify that it is in conformance with the approved plans. Stipulation #8. The necessary legal documents are being revised in accordance with previous discussions and will be submitted as soon as possible for your review and acceptance. Stipulation #12. Cost estimates for streets, water, sewer lines & sidewalks are being prepared for Bill Szymanski's review and approval so that the amount of the bond can be determined. It is our understanding from Dick Ward that as we are only planning on building the first 14 units (4 buildings) of this project during the next six months, the bond amount can be phased accordingly. Mr. Joe Weith, contd. July 17, 1989 Page Two We further understand that payment of the $200/unit recreation fee required under Stipulation #15 can be similarly phased (14 units x $200 = $2,800 prior to issuance of building permits for Phase I). If you have any questions or concerns, please let us know. Thank you for your assistance. Sincerely, Susan Westie Hilton cc: Dick Ward Bob Krebs Dick Spokes PLANNING COMMISSION ;4 FEBRUARY 1989 The South Burlington Planning Commissi(,,,, held a regular meeting on Tuesday, 14 February 1989, at 7:30 pm, ,n the Conference Room, City Hall, 575 Dorset Street. Members Present Mary -Barbara Maher, Catherine Peacock, William Craig, Ann Pugh Also Present Joe Weith, City Planner; Sid Poger, The Other Paper; John Osgood, Susan Hilton, Chip Hart, Michael Dugan, Greg Dicovitsky, Craig Martin, Joanne Brill, Richard Spokes, 8:11 Shearer, Douglas Greiner, Dick Underwood, Al Reyes, Ann< Ratkus, Bob Krebs 1. Select temporary chairperson Ms. Pugh nominated Mrs. Maher for tem ovary Chairperson. Ms. Peacock seconded. Motion passed unanirn,,.�usly. Minutes of 7 February 1989 Mr. Craig noted he had not been present on 13 December 1988 (Minutes already approved). " Ms. Peacock moved the Minutes of 7 February be approved as written. Mr. Craig seconded. Motion pissed unanimously. 3. Public Hearing: Amendment to the aporoved Final Plat for con- struction of a 52 unit planned residential develo nment on a 15.31 acre parcel located on Patchen Road. T;,e amendment, proposed by Summer Wood Associate includes the fo:lowin changes: 1. Land swap with the adjoininl§ property owner ';o the east resulting in a 15.11 acre parcel; 2. subdivision of thg- 15.11 acre parcel into 2 lots of 14.79 acres and .32 acres; 3: cF>nstruction of a 38 unit residential development on the 14.79 ac'e parcel Mr. Hart said they will convey the par%el at a natural division of the land to an abutter. The larger �f the remaining lots will contain the planned residential develop, -tent of 38 condos and 1 duplex lot. There will be a public foa -i of 30 feet paved within a 60 foot right of way with provision for the road to be continued when the Munson property is developed. The cul de sac will be 30 feet paved within a 50 foot right of wa%. It, too, will be a public street. Townhouses will contain garages, and they expect a selling price from $110,000-$140,000. -'here will be no on -site amenities such as pool, tennis court, e-c. The site is well - wooded, and a pedestrian easement exist— They will use city water and sewer, and there will be a si-,ewalk with curb on one side of the road. PLANNING COMMISSION 14 FEBRUARY 1989 page 2 A landswap with adjoining owner, Ms. Brill, is also being discussed. Five parking spaces have been added and there will be specific language prohibiting conversion of garages to living space. This language has been delivered to the Planner. Ms. Peacock asked how this will be enforced. Mr. Weith said the city would be given the right to enforce it. Mr. Spokes said the wording can be drafted that way. Mrs. Maher noted the City Manager is concerned it is not enforceable and feels there is not enough parking for the number of units. Problems at Winding Brook have been noted. Mr. Hart said that Bruce O'Neill feels there is no need to connect with the city park. The cul de sac has been designed to accommodate the school bus and they are comfortable with 30 ft. of paving. Mr. Spokes noted Mr. Szymanski wanted 30 ft. paved and also removal of 5 parking spaces from the roadway. Mr. Greiner cited "A Policy on Geometric Design ^f Highw —s and Streets" which sets 24 ft. as the standard to accimmodate- a school bus. This is what they propose. Ms. Peacock said that she was not comfortable overruling the City Engineer. Mr. Hart said reasonable people can differ, and they feel 30 ft. of paving is insensitive. Mr. Craig said he wouldn't vote to approve without having Mr. Szymanski's full opinion. Ms. Peacock also noted the City Engineer doesn't like parking right off the cul de sac as a consideration for plowing. Mr. Hart said they have 92 spaces with only 86 required, so those spaces could be eliminated and guest parking be allowed on the street. They could algo deepen the spaces from 20 to 30 ft. to allow snow removal. Members felt this issue should also be worked out with the City Engineer. Landscaping: Mr. Greiner said they propose 2-1/2" caliper Norway maples as street trees. There will be a red pine screen along the back 7f the duplex lot and a arborvitae screen along the Brill property. Ms. Brill is agreeable to having this on her property. Members felt they wanted a higher and denser screen. Ms. Brill agreed. There will be plantings near the entrances, also some flowering trees and ground cover trees. Street trees will not be planted over water mains. Traffic: Mr. Weith said they will have to pa)pbout $900 as an impact fee. A utility plan will be provided before recording. MY. Weith noted when the connection is made to the Munson property, part of the loop will be conveyed back to the condo association. Ms. Brill questioned the safety of her driveway and suggested closing it and getting access to her house on the new road. She will meet with the Planner and Engineer to discuss this. l PLANNING COMMISSION 14 FEBRUARY 1989 page 3 Ms. Peacock moved to postpone action on the Final Plat with the understanding that the following items will be taken up with the City Engineer: parking spaces shown right off the road, a note being added about the road to the Munson property and the loop returning to private ownership, cul de sac design including 30 ft. width, trees, etc, extending the cul de sac right of way 5 ft, for snow storage, the city's right to enforce garage and parking covenants and the Association's payment of fees to enforce, a revised landscaping plan, a cross-section of the sidewalk, provision for the Brill driveway to access onto the new road, including stop signs and street signs, posting all loops as fire lanes with no parking allowed. Mr. Craig seconded. Motion passed unanimously. 4. Preliminary Plat application of Michael Dugan for construction of a 3-unit residential condominium building on a 20,900 sq. ft. lot, northwest corner of White and Charles St. Mr. Dugan said the lot has an existing single family house with attached garage. They propose to attach 2 townhouse units to it. They will close the drive from White St. and access the property from Charles St. There will be 7 parking spaces: 4 outside and 3 in single garages. They propose berms 3-4 ft. high to prevent headlights from bothering neighbors. Hedges at the corner will be trimmed back for visibility. The level driveway issue has been addressed. They will provide a sidewalk. The sewer service cleanout is shown on the plan. There will be a new catch basin at the northwest corner of the property which drains to the other catch basin across White St. The plan shows a hydrant located 160 ft. from the house. There will be heavy landscaping on the borders with 65 white cedars and red maples; individual yards will be created with white cedars. Ms. Peacock moved the Planninq Commission approve the Preliminar Plat application of Michael Dugan for construction of a 3-unit residential condominium building on a 20,900 sq. ft. lot as depicted on a plan titled "2 Unit Townhouse addition for Jack Russell, 110 White Street, South Burlington, Vermont" prepared by Michael Dugan, A.I.A., dated 11/11/88, last revised 2/14/89 with the followinq stipulations: 1. A $4,200, 3-year landscape bond shall be posted prior to permit. 2. A sewer allocation of 900 gallons per day is granted for the 2 additional units proposed for the site (existing single-family home already has sewer allocation). The applicant shall pay the $2.50 per qallon per day fee for the 900 qpd allocation prior to permit. 3. The applicant shall pay a $200 per unit recreation fee for the 2 additional units prior to permit. 4. Property shall be surveyed by a licensed surveyor prior to Final Plat review. City of South BtiIII iit�to►n 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 2, 1989 Mr. Chip Hart Osgood/Hart Properties c/o Allen Agency 252 College Street Burlington, Vermont 0540 Re: Summer Woods, Patchen Road Dear Mr. Hart: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also enclosed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, March 7, 1989 at 7:30 P.M. to represent your request. Sincerely), oe Weith, City Planner JW/mcp Encls M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: March 7, 1989 agenda items Date: March 3, 1989 1) SUMMER WOODS, P�ATCHEN ROAD, PLAN DATED 2-28-89 1. The future street extension r.o.w. should be 55 feet and when the Melna property is developed an additional 5 feet should be acquired making the r.o.w. the standard uniform 60 feet. 2. As previously stated the underground power and telephone shall be outside the street r.o.w. A street lighting plan shall be submitted for approval. Street lights shall be in place before any units are occupied. 3. I do not approve parking off a public street even if it is temporary because temporary may be forever. There is no assurance the street will be extended north. 4. If parking is a problem of the Winding Brook development, it will be a disaster here especially around the cul-de-sac. Also, if there is more than one car per unit. 5. Street entrance at Patchen Road should be three 12' lanes ( 2 exits and 1 entrance). 6. All traffic including no parking signs shall be in place before units are occupied. 7. Water Department shall review the water main layout however, there should be provisions to loop the dead-end main serving the cul-de-sac in the future. The main should extend to the northerly boundary of this cul-de-sac. 8. Sidewalk shall be constructed at a uniform grade as shown on the typical detail. No dips at the driveways. The driveways shall meet the sidewalk grade. 9. All previous memo's shall apply. 2) L & M PARR, SHELBURNE ROAD 1. Lots 1 & 2 shall enter from new road not Shelburne Road. 2. New street entrance on to Shelburne Road shall be three lanes. 3. Preliminary plan looks like the project will be short on off' street parking. PLANNER 658-7955 City of South Burli11o;ton 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 March 8, 1989 Mr. Louis Borie District #4 Coordinator State of Vermont Environmental Board District Environmental Commission #4 111 West Street Essex Junction, Vermont 05452 Re: Summer Woods Planned Residential Development Dear Mr. Bor•ie: ZONING ADMINISTRATOR 658.7958 The South Burlington Planning Commission approved the Final Plat amendment application of Summer Woods Association for subdivision of a 15.11. acre parcel into 2 lots of 14.79 acres and 0.32 acres and construction of a 38 unit planned residential development. This project. conforms with the South Burlington Comprehensive Plan. A sewer allocation of 18,000 gpd is granted for this project. Sincerely, t/(L - ),o;e Weith, (.'.i ty Planner JW/nx: p cc•: Mr. Chip Hart, N iil. I( iii•.:1ir I N1: I31 hi.l.'vC;'I'i)\ III \ 1 •N I i I I ti M )t►N south But 1 in.Kt.on Planning Con►n►isi)r► 11OId it 1►u1►1 hearir►g at: t..he South Hur•l.ingLot► Cil,y Hoc i l !cult-relll'e Rc,orn, 57;i Dorset Street., South Burlington, Vermont. on '1'uesdaFehruar•y 14, 1989, at. 7:30 P.M. to consider the I'ol 1 Preliminary Plat appl icat.ion of Michael Dugan for rx' construction of a 3 unit residential condominium bui.ldirig on a mod. 20,900 square foot. lot loc;at.ed on the northwest corner. o(' White and Charles Street.. The property is hounded on the north by C. Martin, on the west_ by E. Hardin, on the south by White St.r•eel, and on the east. by Charles Street. 2. Amendment to the approved Final Plat application of William Shearer for construction of a 52 ur►i t_ planned residential development on a 15.31 acre parcel located on Patchen Road. The amendment, proposed by Osgood Hart Properties, includes the following changes: 1) perform a land swap with the adjoining property owner- to the east (J . Brill) r'esul t. ing in a 1 5 . 12 acre parcel, 2) subdivision of the 15.12 acre parcel into two lots of 14.8 acres and 0.32 acres, and 3) construction of a 38 unit planned residential development on the 14.8 acre parcel. The property is bounded on the north by R. Munson and Nelr►a Concrete, to the east by J. Brill and T. Sheppard, to the south by T. Sheppard, City of South Burlington (Jaycee Park), R. LaBerge, C. Perkins, Gardenway Associates Inc., and R. Precourt, and to the west by E. Lamplough. Copies of the -Preliminary Plat and Final Plat amendment are available for public inspection at the South Burlington City Hall. Peter L. Jacob Chairman, South Burlington Planning Commission City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 31, 1989 Mr. Louis Borie District #4 Environmental Commission P.O. Box 108 Essex Junction, Vermont 05453 Re: Summer Woods PRD, Patchen Road Dear Mr. Borie: ZONING ADMINISTRATOR 658-7958 Susan Hilton of Summer Woods Associates, asked me to write you regarding the amount of capacity at the Airport Parkway sewage treatment facility. Enclosed is a computer print out from the State Agency of Natural Resources (dated 2/14/89) which indicates the amount of uncommitted reserve capacity. Clearly, there is sufficient capacity (930,000 GPD) to handle the sewage treatment demand to be generated by the Summer Woods project. If you have any questions, please do not hesitate to call me. Sincerely, Joe Weith, City Planner 1 Encl JW/mcp PLANNING COMMISSION 6 OCTOBER 1987 The South Burlington Planning Commission held a regular meeting on Tuesday, 6 October 1987, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Peter Jacob, Chairman; Mary -Barbara Maher, William Burgess, Judith Hurd, Ann Pugh Also Present Jane Lalfuer, City Planner; David Spitz, William Shearer, Dennis Blodgett, Jim Lamphere, Michael Marks, Mark Sperry, Ralph Goodrich, Thomas Davis, Madelein Yandow, Barbara Pell, Mildred Estey, A. L. Ross, Robert Krebs, Joanne Brill, Ruth Grondin, Emile Grondin, Steve Durkee, R. J. Furlone, Miss and Mrs. Jeane Anderson, Nancy Sheahan, Larry Brainard, Richard Feeley, Charlie Brush Review Minutes of 22 September 1987 Ms. Pugh noted that on the last page, she was among those who were "unsure." Also, on p. 3, after item #10, the Minutes should show the motion passed unanimously. Mrs. Maher moved that the Minutes be approved as amended. Mr. Burgess seconded. Motion passed unanimously. 2. Public Hearing. Final plat application of William Shearer for a 52 unit planned development called Summer Woods at 159 Patchen Road Mr. Spitz said there have been no changes since the last presentation. Plans now show the engineering. The public road is 30 ft. in a 50 foot right-of-way which ends in a cul de sac. The future possible extension to the Munson property is shown. All buildings are served by private parking areas. Mrs. Hurd noted the Munson extension should be shown in a note on the plans. The applicant said they have no problem meeting the Fire Chief's hydrant location. Landascaping now indicated street trees 60 ft. on center, also an arba vitae hedge to screen the Brill property. Mrs. Lafleur said monetarily they are all right. Mr. Burgess said he would like to see a description of plantings in front of the buildings. Mr. Spitz said every building is the same as the sample. Mrs. Lafleur noted a small strip along the right of way will be deeded to the city making the right of way a little wider at one poing. Maintenance of this strip will be the city's responsibility once the road is accepted. PLANNING COMMISSION 9 OCTOBER 1987 PAGE 2 Mrs. Hurd moved that the Planning Commission approve the Final Plat application of William Shearer for a 52 unit planned unit development on 15.5 acres located at 159 Patchen Rd. as depicted on a set of plans page 1 entitled "Boundary Survey, Summer Woods, Patchen Road," prepared j?y Krebs and Lansing Consulting Engineers, Inc, dated 9/18/87, and a land- scaping plan entitled "Summer Woods," prepared �Ry Four Sea- sons Landscape and Design, dated September H, 1987 with the following stipulations: 1. A landscaping bond of $30,800 shall be posted prior to i permit and shall be held for three years.' 2. An intersection improvement fee of $1155 shall be paid to the City prior to permit based on the 22 peak hour trip ends from this development that will use the Williston Road cor- ridor. 3. The developer shall furnish to the City in writing the name of the contractors and/or builders that will be doing the work. This shall be done at least 7 days prior to any construction. In writing, the developer shall submit the name of the architect and/or engineer who will stake out and supervise the construction and upon completion of the work, the architect and/or engineer shall certify that the work is in conformance with the approved plans, stipulations and any other requirements and/or changes that the City requests. 4. Concrete curbs shall be continuous across entrances where it shall be depressed with a 1-1/2 inch reveal. 5. A utility plan showing all underground utilities (electric, cable, gas, telephone) and street lighting shall be submitted to the City for review and approval prior to an construction. The underground lines shall be in an easement along the road rights of way opposite from the side of the water main. 6. The sewage pumping station shall be privately maintained SA and owned. 7. Plans shall be submitted to the Water Department for re- view and approval prior to permit. 8. Krebs and Lansing shall determine the adequacy of the water service to this development for fire protection. Re- sults shall be submitted to the City Engineer for approval prior to permit. 9. The recorded plans shall include a note to the effect that PLANNING COMMISSION 6 OCTOBER 1987 PAGE 3 the road will continue northerly and not remain a dead end. 10. A gravel walkway shall be provided to J.C. Park for de- velopment residents. 11. A sidewalk shall be constructed along the west side of Patchen Road extending northerly for a distance of approx- Z imately 60 feet to a point in line with the south side of Richard Terrace where a sidewalk is planned. 12. Sheet number 6 shall be updated to show revisions. 13. Legal documents for streets including offers of dedi- cation and deeds shall be submitted to and approved 12Y the City Attorney prior to permit. The plan shall show a strip of land deeded to the city along the northern part of the new road for the length of the Brill property. 14. A sewer allocation of 23,400 gpd is granted. The $2.50 per gallon fee shall be paid for 12,900 gpd and shall be paid prior to permit. 15. A city standard street name sign and stop sign shall be installed at the Patchen Rd. intersection. Street names shall be submitted to the City Planner for approval prior to permit 16. The fire hydrant shown on the plan 12y unit 38 must be relocated as approved by the city Fire Chief. 17. A snow fence shall be erected along the top of the bank along the CO Zone and no trees shall be cut in the CO Zone. 18. A bond shall be posted for streets, water, sewer lines and sidewalks in an amount determined by the City Planner prior to permit. 19. The plan shall show an area for mailboxes. This area will have to be approved by the City Planner and U.S. Post Office prior to permit. 20 It is the applicant's responsibility to record the final plat with the City Clerk within 90 days or this approval is null and void. It must be approved �2y the Planner and signed by the Chairman or Clerk prior to recording. Mrs. Maher seconded, and the motion passed unanimously. 3. Public Hearing: Consideration of miscellaneous amendments to the South Burlington Zoning Regulations and Zoning Map Joanne Brill Wood's Hollow Road Westford, Vt. March 20, 1989 Mr. Joseph Weith, Planner City of So. Burlington 575 Dorset St. So. Burlington, VT 05403 Dear Mr. Weith: Please be advised that I am agreeable to SummerWoods planting an hedge on my property on Patchen Road as per the "Planting Plan SummerWoods" prepared by Matarazzo Design, dated January 31, 1989 and revised February 27, 1989. Sincerely, 1 Ativwv�� • � 1 Joanne Brill xc: Chip Hart Memorandum - Planning August 7, 1987 Page 2 4) SUMMER WOODS, PATCHEN ROAD At the last meeting, 7/28/87, the Planning Commission required this applicant to build a City Street in a 50 foot r.o.w. and agreed to waive front yard setback requirements. Bill Szymanski's comments regarding the plan shall be shown on the plans prior to final plat approval with the exception of providing recreational facilities such as pools etc. Other: See Chief Goddette's comments regarding fire truck access to units 41 - 46. 5) DORSET SQUARE ASSOCIATES, 142 DORSET STREET This plan was reviewed last on 7/14/87. The Site Plan review was continued because the applicant had to complete a traffic study prior to approval. The traffic study was completed by Roger Dickinson at Fitzpatrick -Llewellyn (see enclosed letter) and reviewed by Craig Leiner. Craig's comments were as follows: 1. Roger Dickinson's traffic counts were conservative - he may have over estimated the actual trip ends and the level of service still did not exceed C. 2. Any impact that the new addition may have to Dorset Square or Corporate Way traffic is more than balanced by shutting the existing Earl's Schwinn driveway on Dorset Street. The status of the signal at Dorset Square/Dorset Street is still unknown. The AOT has not yet made up their mind. Other: See Chief Goddette's comments. 6) GREEN TREE PARK, KIMBALL AVENUE, FINAL PLAT No changes have been made to the proposed 13 lot subdivision of a 29.46 acre parcel. The applicant has agreed to all of the approval stipulations made at preliminary plat except for the one stating that Gregory Drive must be brought up to City standards prior to issuance of building permits. Green Tree Park requests that this stipulation be removed since they have no control over RIO r *aittb 6 urlttigtun V tre Department 575 Barret street —*uutb Nurlington, 11ermiint 1154I11 y s r! TO: FROM RE. DATE: 1. N1 3. MEMORANDUM $0. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE PLANS REVIEWED 8-4-87 Farrell Distributing Proposed Garage .fir �1 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658.7960 Plans reviewed and at this time the only problem I see is one hydrant in needed to be relocated. I did meet with Mark Lucas on the change. LBD Development Hinesburg Road No problem found at this time on the lay out of the lots but more information is needed on the water system and hydrant layout. Summer Woods Development Patchen Road The only problem I see at this time on this project is with the building units 41 to 46 we do not have proper access for equipment. 4. Ethan Allen Farm Phase 3 At this time I do not see a problem for the fire department in given fire protection. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: August 11, 1987 agenda items Date: August 7, 1987 4) SUMMER WOODS, PATCHEN ROAD 1. Twenty eight units will be using the street rights -of -way for their parking if this becomes a public street. This would result in serious problems for the City in maintenance of this street especially snow removal. All parking should be outside of the street rights -of -way. 2. Units 29 to 32 and 37 to 40 will have a front setback of only about 8 feet this is to close. A garage will have no setback. 6) GREEN TREE PARK, SHUNPIKE ROAD 1. Corrected updated plans shall be forwarded to the City Water Department. 2. An association of owners shall be formed with the responsibility for maintenance of the holding pond. This should not be the responsibility of the City. 7) FEDERAL EXPRESS BUILDING, INTERNATIONAL AIRPORT 1. Plans are poorly done. All information should be on one set of plans not separate odd size sheets. 2. Sewer system including grit and grease separator and pumping station shall not be designed by a registered engineer. 8) MOBIL OIL CORPORATION, 811 WILLISTON ROAD 1. The sidewalk on Williston Road should be shown on the plan. This has just been completed and shall not be disturbed. Curbs shall not go through the sidewalk as shown but taper to it. 2. I would recommend that the curb work shown be concrete not bituminous. KREBS & LANSING CONSULTING ENGINEERS, INC. 199 Main St. WINOOSKI, VERMONT 05404 I (802) 655-3640 TO � l i t �)&kr-I N-ti LANN1�t/C� WE ARE SENDING YOU t ,Attached Cl Under separate cover via ❑ Shop drawings ffil Prints ❑ Plans ❑ Copy of letter ❑ Change order LIFUULA w ulamn101nuum ATTENTION RE: JOB NO. the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 4 / .- 1 gg v h GtVt t ly If THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections F1 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO PROWCT 240-2 � IM, GOO, it. 01471. SIGNED: If enclosures are not as noted, kindly notify us at Ce. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 July 24, 1987 David Spitz North Country Planning 15 Morse Drive Essex Junction, Vermont 05452 Re: Summer Woods Dear Mr. Spitz: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my comments to the Planning Commission regarding your plan. Please be sure someone is present on Tuesday, July 28, 1987 to represent your application. Sincerely, -4 Kathryn Perkins, Acting City Planner KLP/mcp cc: William Shearer Encls Memorandum - William J. Szymanski July 24, 1987 Page 2 5) 3060 WILLISTON ROAD, SOUTH BURLINGTON 1. The developer of this parcel should anticipate interconnections with adjacent properties especially the property to the east when it is developed. 6) NEW GARAGE = FARREL DISTRIBUTION, HOLMES ROAD 1. The City intends to restudy the possibility of a extension of the Burlington connector. The project is in the State program for planning and engineering. The original building through cooperation of the owner and architect was placed on the lot so that if the connector is constructed it would fit in between the building and the railroad track. This new addition is within the corridor planned for the road. My recommendation would be that it not be constructed at the location shown. 2. A plan of the relocated sewer main shall be submitted for approval. The relocated sewer shall be at least 10 feet from any building. 7) SUMMER WOODS, 1. Draining 500 feet of new road on to Patchen Road is not acceptable. Additional inlets must be added. 2. Concrete curbs should be continuous across entrances where it shall be depressed with a 1 1/2 inch reveal. 3. Typical road section should show sidewalk. The bituminous paving shall be 3 inches in thickness not 2 1/2. Gravel base shall have a total thickness of 18 inches not 16 inches. There should be a separation (grass strip) of at least 5 feet between curb and sidewalk. 4. Street should be public, built to City standards. Winding Brook residents have requested their street be City maintained. Ridgewood residents have requested a meeting for the same purpose. At a September, 1986 Council meeting, Council requested the Planning Commission not allow any more private streets. 5. The 30' radii turnaround is to short for large delivery trucks. 6. The developer shall designate the engineer that will OV Memorandum - City Manager July 24, 1987 Page 3 supervise the project and certify to its construction prior to any construction. 7. A utility plan showing all underground utility also street lighting shall be submitted to the City for review and approval prior to any construction work. 8. The sidewalk should extend to the turnaround. It stops about 200 feet short. 9. Water supply for fire protection may not be adequate for the density proposed.` This should be checked by the engineer. 10. Force main of Sta. 8 and 30 is to close to drop inlet. It may freeze. It should be insulated or relocated. 11. Sewage pumping station shall be privately maintained. 12. The turnaround should have a right of way (60') to adjacent property to allow for future street extension and looping in services. 13. City Water Department shall review water system plans. 14. Development should include recreation facilities such as pool or tennis courts or both. 15. A gravel walkway should be provided to J.C. Park for development residents. 16. A City standard street name sign and stop sign shall be installed at intersection of Patchen Road. L.D.B. DEVELOPMENT, HINESBURG ROAD 1. The layout plan revised 6/24/87 is acceptable. Revised construction plans will be reviewed at a later date. 3 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant William Shearer 2) Name of Subdivision Summer Woods 3) Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: Attorney: Langrock, Sperry, Parker & Wool Landscape Plan' Scott Toner, a SAas4ws P O. Box 721 79 Canter _J)rive _ — Burlin4ton. Vermont 05402 Essex Junction, Vermont - 05452 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: -Relocation of 2 units Remova-l-- of 12 garage spaces and replacement with 12 open parking 5) Submit four copies of a final set of plans consisting of a final plat plus engineering drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. l jlzve,'�, �5 �� July 2, 1987 (Signature) applicant o contact person Date Mailing: P.O. Box 5580 Essex Jct., Vermont 05453-5580 June 30,1987 David Spitz North Country Planning Morse Drive Essex Junction, Vermont fASONS LANDSCAPE ". AND DESIGN Re: Summer Woods South Burlington, ° Vermont Location: 24 New England Dr. Essex Jet., Vermont 802-879-6339 Four Seasons Landscape & Desi n has estimated the landscaping bud- get for the above project at 26,000.00 . The attached landscape plan and following breakdown of the work will explain the budget. The landscape phase of the above project would consist of the fol- lowing: a. Evergreen Screen- to shield the project on the north proper- ty lice with a mixture of Red and White Pines.The existing vegeta- tion should be more than adequate as a screen on the remaining frotages, We have estimated a quantity of (55) trees at a value of *100.00 each. Tree height would be 6' +. b. Street Trees- to consist of a mixture of flowering shade trees (crabapples,apples,plums,and hawthorns) and Green Ash. A quantity of 42 plantsatvalue of �200.00 each has been allowed for.The plant size would be 2" caliper. csFoundation Plantings -would consists of a mixture of shade -loving plants(rhododendron ,azaleas,hemlock,ete.) For budgetary purposes we have allowed for six plants per unit at a value of 140.00 each. All plant prices include the installation costs. If you need fur- ther documentation or have any questions please contact me. Sincerely Scott H. Tower Four Seasons Landscape & Design M Y M E M O R A N D U M To: South Burlington Planning Commission `� From: "M m: Jane B. Lafleur, City Planner Re: October 6, 1987 Agenda items Date: October 2, 1987 2), SHEARER, SUMMER WOODS, 159 PATCHEN ROAD These final plans show the 52 unit multi -family project on 15.31 acres. Roads are shown as 30 feet of pavement within a 50 foot right of way. Six private driveways are shown from the road to parking lots and to a short private road. A small strip of land south of the Brill property will be deeded to the City along with the right of way since it is virtually an unusable area. A buffer of trees will be planted in this area. Street trees are shown along the public road as well as in front of individual units. A pedestrian trail travels through the property and connects the park to the Munson property. See Bill Szymanski's and Chief Goddette's comments. 3) MISCELLANEOUS AMENDMENTS TO REGULATIONS AND ZONING MAP The enclosed amendments have been warned for public hearing. They include all of the items we have discussed to date. We should plod through them one by one so that there are no glaring problems. The two map amendments include a portion of the Blodgett property on Shelburne Road (R4 to Cl) and a portion of the Deslaurier property on Dorset Street (C2 to R7). Attorney Spokes said it is OK to hold a public hearing for the Deslaurier property but the status of their application does not change. These map amend- ments should be considered first since the public may attend this discussion. There are still some amendments which have not been thoroughly discussed or drafted ,vet and are not enclosed here. Given the length of the process, I did not want to lose the work we have accomplished to date. 4) OTHER BUSINESS Ralph Goodrich and the District. Environmental Commission encountered problems with the intent, of the Planning Commission approval of the quarry operation, specifically in regard to the future City Street - Swift stref,t. They have asked for a revi- sion to the quarry stipulations in the appi-oval motion. I have .*51nutb Nurliugtuu Ytre +40epartmeut 575 Dorset street fauth Nurlingtnn. Vermont 05401 i To; South Burlington Planning Commission From; Chief Goddette Re; October 6,1987 Agenda Item Date; October 2,1987 Summer Woods Project Patchen Road 40 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 Plans were reviewed by the fire department and at this time the only problem I see is the last hydrant which is by unit 38 must be relocated so it is at least 25 Feet from a building. A good location would be across the street 25 feet away from unit 25. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658.7955 October 2, 1987 William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Summer Woods, Patchen Road Dear Mr. Shearer: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Planning Commission. Also enclosed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, October 6, 1987 to represent ,your request. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Bob Krebs David Spitz PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 September 4, 1987 ZONING ADMINISTRATOR 658-7958 William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Summer Woods, Patchen Road Dear Mr. Shearer: Enclosed are the minutes of the August 25, 1987 Planning Commission meeting. Please call me if you have any questions. Sincerely, , j (LT%k k�). -�X (' Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: David Spitz Krebs & Lansing Memorandum Planning August 8, 1987 Page 2 noted that approval of lots #5 and #6 could be upheld until conditions are brought up to par. (Minutes of 4/8/80) Other: See Chief Goddette's and Bill Szymanski's comments. 3) THE DAVIS COMPANY, 20 FARRELL STREET The Davis Company proposes to construct a 10,000 square foot office building on a 1.3 acre lot. The applicant received a variance to build the building 5 feet within the Conservation Zone. Access: Access is shown from a 24 fopt wide driveway off of Farrell Street. Circulation: The 24 foot wide drive provides circulation along the north side of the building. Chief Goddette required a 30 foot wide driveway along the northern side of the building for fire access. Plans must be revised to show this. Parking: Forty spaces are required; 41 are shown. Landscaping: The project requires $9500 in new plantings. No plant list is shown on the plan and the six 3 inch caliper norway maples and low hedge are valued at approximately $2800. This should be revised prior to permit. Some credit for existing trees in the CO Zone might be considered by the Commission. Traffic: This lot is not in the traffic overlay zone. However, a $750 contribution towards the Shelburne Road intersection improvement fund is requested based on the 28 trip ends projected during the peak hour. Other: See Bill Szymanski's and Chief Goddette's comments. A sewer allocation of 600 gpd should be made and the $2.50 per gallon fee paid prior to permit. 4) WTLLIAM SHEARER, 6 UNIT P.U.D., PATCHEN ROAD Mr. Shearer was unable to file revised plans in time for the meeting. There should be a motion to table this application until. September 22, 1987. I M E M O R A N D U M To: South Burlington Planning Commission From: Jane B. Lafleur, City Planner , Kathryn Perkins, Acting City Planner Re.: August 25, 1987 Agenda Items Date: August 21, 1987 2) SUMMER WOODS, (WILLIAM SHEARER) PATCHEN ROAD We reviewed this Final Plat application for the first time on July 28. At that time the Planning Commission requested that the applicant show a 50 foot r.o.w. and a public City Standard Street on the plans. We saw these updated plans on August 11th. With a 50 foot r.o.w. much of the parking for the development was within the City r.o.w. The City Manager and the Planning Commission had problems with private parking spilling over into a public r.o.w. The Planning Commission continued the application in order to give the applicant an opportunity to redesign the project so that the private parking is not within the City r.o.w. The applicant would like to use this meeting to review the new site plan. If the Planning Commission likes the new layout, the applicant will provide a complete set of engineering drawings for final approval on September 8th. Setbacks: On the eastern edge of the project the building set- back is only 30 feet for unit 42. This is 20 feet under the required 50 feet and will require a Planning Commission waiver. The existing house and garage will be torn down. Access: Access is still shown via a 30 foot wide road off Patchen Road. The road runs straight into the development. It no longer curves to avoid the existing house and garage. The 60 foot r.o.w. to Munson's property extends from the cul de sac. An offer of dedication and deed for this r.o.w. should be prepared for the City. Circulation: The public road extends to a 40 foot radius cul de sac turn -around. A private drive off the public road is the access for units 25 through 41. Another private drive provides access to the cluster of units 13 through 24. Landscaping: A revised landscaping plan showing planting adjusted for the new building lay out must be submitted to the Planner prior to permit or the Planning Commission may request a review of the landscaping plan. Parking: Parking lots are shown via private drives off the public road. Parking is adequate. t Other: A sewer allocation of 23,400 gpd was made at preliminary plat and the $2.50 per gallon fee must be paid prior to permit. 1 Memorandum - Planning July 24, 1987 Page 3 6) FARRELL DISTRIBUTING CORPORATION. 5 HOLMES ROAD The applicant proposes to construct a new 16,400 square foot building for a garage facility on a 13.8 acre lot. A 131,155 square foot building already exists on the lot. The garage is an assessory use. Access: Access is shown via a 32 foot wide driveway off of Holmes Road. Circulation: Circulation is shown via a 24 foot wide driveway from the front of the building to the back, where the garage will be located. Parking. Parking spaces are not delineated on the plan. I calculate roughly 60 spaces, but the applicant should delineate existing and proposed parking spaces. 589 spaces are required for the total square footage based on storage and distribution data, (1 space per every 250 square feet floor area). Traffic: This lots is in overlay zone.4 (once Holmes Road is signalized). A maximum of 450 trip ends are permitted for this lot. 31 trip ends are generated. Landscaping: $13,500 worth of landscaping is required. $5000. is proposed by the applicant. I will have recommendations at the meeting. A bond must be posted prior to permit. Other: See Bill Szymanski`s comments. Chief Goddette is on vacation. He must approve these plans prior to permit. A additional sewer allocation of 75 gpd must be made and the $2.50 per gallon fee must be paid prior to permit. A $90.00 contribution toward the Shelburne Road intersection improvement fund based on 4 new trip ends shall be made prior to permit. 7) WILLIAM SHEARER, SUMMER WOODS, PATCHEN ROAD, FINAL PLAT Mr. Shearer proposes a 52 planned unit development on 15.5 acres located west of 159 and 173 Patchen Road. Since Preliminary Plat 2 units were relocated and 12 garage spaces were replaced with 12 open parking spaces. A traffic study was completed by David Spitz (see enclosed). The study showed that the proposed development would not impact the new intersection of the development and Patchen Road to below a level of service C. He determined that Summer Woods traffic represents 1.2% of all 1992 design hour traffic through White Street/Patchen Road intersection. An intersection improvement 3 Memorandum - Planning July 24, 1987 Page 4 Craig Leiner reviewed the study and had no problems with it. Landscaping: A landscaping plan was submitted, estimated at $26,000 by 4 Seasons (see letter). White Pines shall be replaced with a different, disease resistant evergreen for the evergreen screen and street trees. A $ bond shall be posted prior to permit. Other: See Bill's comments. Chief Goddette's approval is required prior to permit. The street shall be a public, City standard street. 8) OAK CREEK VILLAGE LDB DEVELOPMENT, MERV BROWN, 1175 HINESBURG ROAD, FINAL PLAT The applicant has made some changes to the street and lot lay out. The green space between the development and Hinesburg Road has been enlarged from 100 feet to 200 feet as per the request of Act 250. The number of lots has been decreased from 115 to 112. "Moss Glen Lane" has been connected with "Mill Pond Road" Moss Glen had ended in a cul-de-sac on the previous plan. Street alignment of "West Branch Drive" and "Marcy Street" has changed; in both cases the roads have straightened. The amount of open space increased from 18.6 acres to 21 acres. A full set of revised final plat of drawings has not been submitted but will be needed prior to permit. Street names are acceptable to the City Planner and the Zoning Administrator. A sewer allocation of 51,750 gpd must be made and a $2.50/gallon fee must be paid. No construction shall begin prior to availability of capacity. The applicant must sign a agreement with the City to sell 28 acres to the City for future park land prior to permit. 4 M E M O R A N D U M To: South Burlington Planning Commission From: Jane B. Lafleur, City Planner \ Re: June 24, 1986 agenda items Date: June 20, 1986 2) SHEARER, SUMMER WOODS, PATCHEN ROAD (BARBER AND STEBBINS PROPERTY William Shearer proposes to construct 56 units (plus one existing unit) on 15.5 acres located west of 159 and 173 Patchen Road, just south of Melna Concrete. The property is zoned R4. Access: The new 30 foot driveway is located at 159 Patchen Road. It will curve around the south side of the existing house rather than removing the garage as the original plan showed. A second access is provided to the Munson property to the north. Presum- ably, this subdivision must be limited to 50 units until that access is provided unless this is waived by the Commission. Access to the existing house will be from the new road eliminat- ing one driveway on Patchen Road. Circulation and Parking: The road is 30 feet wide through the development except around the rear of two garages. These 56 units require 121 parking spaces; 124 are shown including spaces in garages and within units. Units #37 - 40, 41 - 44, 45 - 48, and 49 - 52 show spaces under the units and spaces in front. Half of the front yard spaces will be removed leaving half of this area landscaped. The Final Plat should show this accurate- ly. The pavement should not extend up to the unit as shown on the plan in order to leave adequate snow plowing area. A turn around cul de sac is provided at the end of the development that can be extended for future access to the Munson property. Setbacks: The R4 District requires a 50 foot perimeter. The developer is requesting a waiver of this in 3 locations. The existing house and garage do not meet this setback either. These waivers are all on the north side of the property and affect garages only. Slopes: Planning Commission members who visited the site may remember the small stream that bisects this development. At one point, it actually goes under ground for a distance. Mr. Shearer has opted to keep the entire development on the north side of 'the stream leaving the southern and western slopes undisturbed. All units are adequately located away from the center line of the stream. Units 17 - 20 and 21 - 24 are built into the bank while the rest are at the top. A snow fence should be installed at the top of the bank during the entire construction project. 1 Pedestrian Access: The plan shows a 5 foot sidewalk behind units #25 - 27 and 28 - 30 that connects to a 5 foot sidewalk between the Melna Concrete and Brill properties and leads to Patchen Road. Ms. Brill and Melna Concrete representatives were concerned about the effect of this on their properties, especially due to liability for Melna Concrete. Several Commission members won- dered if it was needed at all since most pedestrians would be heading south on Patchen Road toward the Post Office, Bank and Grand Union areas. The pedestrian trail network includes a link in this area. It follows the stream bank. A 15 foot wide pedestrian trail must be shown on the plan and deeded to the City. (see enclosed trail map) Landscaping: A detailed landscaping plan should be submitted for Final Plat. Legals: Road maintenance waivers, articles of association and condo by-laws and pedestrian easements must be approved by the City Attorney prior to Final Plat. Traffic: Mr. Shearer should be prepared to discuss the traffic impact at the meeting. Although not in a traffic overlay zone, there is concern about the heavy traffic on this road and the effect on the intersection at Patchen Road and White Street. Other: See Bill Szymanski's and Jim Goddette's memos. 3) DAVIS COMPANY, 10 FARRELL STREET (GARY FARRELL - PROPERTY OWNER) The Davis Company proposes to convert the existing 26,000 square foot building at 10 Farrell Street to 6 commercial units. The proposed uses include research and testing labs, printing, book- binding, publishing and engraving, manufacturing from previously prepared materials and components, wholesale establishments and storage and distribution facilities. Each business will have its own outside door. Maltex Building on Pine Street in Burlington provides an example of the types of possible uses. The property is zoned C-2 and is located at the corner of Farrell and Swift Street, across from the Correctional Center. Zoning Board review is scheduled for Monday, June 23, 1986 for multiple use approval. Access & Circulation: The two existing driveways in front will remain; there is complete access around the building. The existing aisles on the west side of the building measure 20 feet; our standard is 24 feet but the developer proposes to keep them as they are. The gravelled opening on Swift Street should be closed. Parking: Sixty eight parking spaces are shown including 4 handi- capped spaces. The spaces must be striped. 2 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 4, 1987 William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Shearer, Summer Woods, Patchen Road Dear Mr. Shearer: ZONING ADMINISTRATOR 658-7958 Enclosed is the. agenda for the September 8, 1987 Planning Commission meeting at which your application will be tabled. You do not have to attend. Your application will be rescheduled for Tuesday, September 22, 1987 and I will send you information prior to that meeting. Sincerely, 6 _ -� Jane B. Lafleur, City Planner JBL/mcp Encl cc: David Spitz Krebs & Lansing August 25, 1987 To The South Burlington Planning Commission I have been informed by Bill Shearer that you rejected the proposal for the Summer Woods development which he submitted. on August 11, 1987. I understand that this plan provided for a 30 foot road within a 50 foot right-of-way which had been discussed at the meeting on July 28, 1987. As a resident of South Burlington, and the owner of a property immediately adjacent to the proposed Summer Woods development, I am suprised, dissappointed and angered by this decision. Although I have generally not been in favor of the proposed development, in all honesty I must say that I found the plans presented on July 28, 1987 to have been an attractive and creative use of the land. The plan sucessfully attempted to retain the character of the Patchen Road neighborhood, by maintaining the existing house on the property, while adding new residential units in the community. The proposed road acess was attractive and affected only the residents of the development in terms of traffic. With this plan, all new construction was set back a considerable distance from Patchen Road, and was not immedediate.ly noticable to the casual. pesser-by. I believe these were major strong points of the plan in terms of impact on the community. The Planning Commission's insistence on a 30 foot road within a 60 foot right--of-way has forced considerable alteration to this plan. I feel these are changes for the worse. A charming landscaping plan is precluded by the removal of several lovely mature trees that will stand in the right-of-way. And sadly, an attractive existing home will be demolished to make way for the required road. And the new construction will be immediately apparent to everyone as the units have been moved closer• to Patchen Road. On the personal side, the new road comes significantly closer to my property and in essence turns my land into a house on a busy intersection rather than the quiet residential home it currently is. While your well intended ruling is to ensure that roads into new developments can be easily served by city provided services, I fear that you are making a mistake in strict insistance to this. Nor do I believe that the neighborhood on Patchen Road is well served by your decision. Forthe future, I am concerned that your determination in essence will reward developers who seek easy solutions. Rather you should be encouraging creative exploration of how to simultaneously maintain the character of our existing community while providing for future development. I believe. the Summer Woods proposals of July 28 and August 11 was an excellent example of such an attempt. I would. hope that the Planning Commisssion will give serious re. -consideration to these earlier proposals for the Summer Woods development, and would approve that plan rather than the one that is being presented this evening - Respectfully, < )rA - C Joanne Brill 173 Patchen Road S. Burlington sa M E M O R A N D U M To: South Burlington Planning Commission From: .Joe Weith, City Planner Re: March 7, 1989 agenda items Date: March 1, 1989 1) SUMMER WOODS PATCHEN ROAD Several changes were made to the proposed Final Plat amendment in response to concerns raised at the last meeting (2/14/89). These include the following: 1. The cul-de-sac was redesigned to provide 30 feet of pavement and 5 feet of r.o.w. for snow storage. 2. A note was added indicating the primary road will be extended for future development of the Munson property. 3. A note was added indicating the publicly owned cul-de-sac will revert to private ownership when primary road is extended. 4. A note was added indicating location of future curb cut for driveway to Brill property. The location of the proposed driveway is shown on the landscape plan. 5. Sheet No. 6 was revised to show: a) road crown slope of' 1/3 inch per foot, b) sidewalk cross slope of 1/4 inch per foot to top of curb, and c) concrete curbs on all streets. 6. Wording was added to the draft Condominium Association rules giving the City authority to enforce the no conversion of garage space to living space rule and get reimbursed for legal fees (see enclosed letter from Dick Spokes). City Attorney, Steve Stitzel, is reviewing the draft condo rules. 7. A denser and taller hedge has been provided along the Brill property. It should be noted that these plantings are proposed to be on the Brill property. We should get formal approval from Ms. Brill or require the hedge to be planted in the r.o.w. 8. Proposed street trees around the cul-de-sac have been moved away from the road pavement. 9. In regards to parking, Bill Szymanski recommended that the 5 spaces proposed off of the secondary street not be allowed. the applicant. was able to relocate 2 of these spaces. The project, requires 86 parking spaces; 89 are proposed. l Memorandum - Pllannina March 7, 1989 agenda i. t.ems Mardi 1, 1989 Page Z It is important to note that the 30 foot wide pavement allows sufficient space for on -street parking during peak parking periods. 2) L & M PARK, SHELBURNE ROAD Gerald Milot and John Larkin propose to subdivide a 30.5 acre parcel into 7 lots and construct a 140 unit planned residential development on one of the lots (22.55 acres). The other 6 lots would be commercial lots and range in size from 0.92 to 1.54 acres. Milot and Larkin currently have a proposal for this land (22 lot commercial subdivision) in Preliminary Plat review with the Planning Commission. The present plan (7 lot subdivision) cannot proceed to Preliminary Plat review until a formal request or notification of withdrawal for the 22 lot subdivision is submitted by the applicant. The parcel is zoned Commercial 1. Multi -family dwellings are a conditional use under the Planned Commercial development designation. The 140 unit multi -family project requires conditional use approval from the Zoning Board. The property is bounded on the north by the vacant Pomerleau property and an automobile sales business (Chrysler Plymouth), on the east by commercial businesses, a residential complex, and. Shelburne Road, on the south by property owned by Farrell, and on the west by the Central Vermont Railroad. Layout: The 6 commercial lots are located on the front (east) portion of the property. The 19 acre residential parcel is located on the back (west) portion of the property along the Central Vermont Railroad. A stream runs north -south through the center of the property and divides the commercial lots from the residential lot. Access/Circulation: A 60 foot r.o.w. with 30 feet of pavement is shown from Shelburne Road. This new street (Street A) should be 32 feet wide. The main access is located directly across from McIntosh Drive and involves a relocation of the driveway and parking serving the Larkin apartment building. The pavement of Street A ends toward the back of the property where another 2 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: August 25, 1987 agenda items Date: August 21, 1987 2) SUMMER WOODS, PATCHEN ROAD, REVISION DATED 8/19/87 1. This is a much better plan. I would recommend that the future extension of the street into the Munson property be shown in dash and a large note stating that the street will continue northerly into the Munson property when it is developed. 4) ETHAN ALLEN FARMS, ETHAN ALLEN DRIVE 1. Comments in memo of July 25, 1987 especially number 1, 2, 3 were not complied with. 2. A plan detailing the location of gas, telephone, electricity, T.V. cable and street lights shall be submitted for review and approval. 3. It shall be the responsibility of the developer to see to it that lots 23 - 28, with on site sewage disposal, hook into the sewer system when it is completed. 4. Water fittings shall be wrapped with polyethylene where concrete thrust blocks are used. 5. Trees shall be planted at least 5 feet from the water main. 6. Depth of topsoil replacement (4 inches) should be noted on typical detail on page 8. 5) ORCHARD LAKE ROAD PROPERTIES I. When Swift Street extension is constructed the joint entrance drive to this development and Lane Press will have to be adjusted slightly to intersect Swift Street Extension at a right. angle. The developer should anticipate this adjustment. 2. The previous owner allowed the City use of the vacant land for sludge disposal.. The City- would like to resume that privilege until. the land is developed or the owner feels the City is creating a nuisance. The disposal will be by injecting the sludge into the soil. 1 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 21, 1987 ZONING ADMINISTRATOR 658-7958 William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Summer Woods, Patchen Road Dear Mr. Shearer: Enclosed are the agenda and my memo to the Planning Commission. Please be sure someone is present on Tuesday, August 25, 1987 to represent your request. Sincerely, Jane B. Lafleur', City Planner JBL/mcp Encls cc: David Spitz Krebs & Lansing PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 20, 1987 Mr. William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Summer Woods, Patchen Road Dear Mr. Shearer: Enclosed are the minutes of the July 28, 1987 Planning Commission meeting. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: David Spitz Krebs & Lansing Engineers ZONING ADMINISTRATOR 658-7958 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 7, 1987 David Spitz North Country Planning 15 Morse Drive Essex Junction, Vermont 05403 Re: Summer Woods Dear David: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my comments to the Planning Commission regarding your plan. Please be sure someone is present on Tuesday, August 11, 1987 to represent your plan. Sincerely, Kathryn Perkins, Acting City Planner KP/mcp Encls cc: William Schearer Krebs & Lansing Consulting Engineers PU151, 1 C: 111-:AI? 1 NG SOUTH 11 IP L,l NGTON PLANNING COMMISSION The South Burlington Planniny Commission will hold 1 public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on 'Tuesday, -July 28 1987, at 7:30 P.M. to consider the following: 1) Final Plat application of Tom Drolette for a three lot residential subdivision on a 40.9 acre parcel. The property is bounded on the north by Mayer and Lyman,.'Rice, Linton, on the east by Trevithick, Benson, Smith,and Pappas,:'on the west'by the Irish Farm, and on the south by Champlain Water District and will -be located on Harbor Ridge Road extension. 2) _Final Plat application of William Shearer for a 56 unit Planned [Unit Development on 15.5 acres Property is bounded by R. Munson and Melna Concrete to the north, J. Brill, T. Shepherd, S. Stebbins -to the east: the City of South Burlington (Jaycee Park), R. LaBarge, -C_ Perkins_ Gardenway, Inc., and -R` •Precourt to the south, and F. Tomplough to the west , and is located west of 159 and 173 PatchPn Road 3) Preliminary Plat application of John H. Belter Jr., for a 21 lot ommercial_subdivision on a 52.4 acre parcel. The property is bounded on the north by R & L Shand, R & J Berard, J & E Goldberg, T. Chastenay, V.T. Ventures and J. McKeown, S & D Hard, F & M Taft, L & R Dumont, S. Unsworth and K. Martinez, F. Naef and R. Volk, D & L Barchard, City of South Burlington (Ethan Allen Drive), Green Mountain Power Corporation, A & R Berard, R. Berard, K & C. Smith, on the west by N. Ward, N. Barrett and Fairdale farms, G. Brady, O. Kopystiansky-j D & R Sutton, H & J Bruner and on the east and south by the Winooski River and is located on Ethan Allen Drive. 4 ) Revised Final Plat application o _IDB Tnonrnnratfad (_MervB.r.o-W4:- -)—.for- --- a 112 lot single-family subdivision with 21 acres of open space 71.8 acres and a 28 acre parcel off' industrial land for thQ future___ park facility. Property is bounded on the north by G. Rye and _E._Hill, on the west by R. Calkins and D. Economou, on the south by Butler Farms Development (H & M Dubois) and is located at 1175 H nesburg__Road. Copies of the applications are available Eor public inspection at the South Burlington City Hall. Peter L. Jacoh Chairman, South Burlington Planning Commission July 11, 1987 Planning File Data for Computer Input. 1. Original Property Owner 7),.r _Ls J +13i¢,pAfgmA _ /�l 4,0eAgWI i5!�'�/J:r9� ►/. �i��"��I�I /'� 2. Developer's Name 3. Name of Development .5:J M," ep-4 I.JcQD.S 4. Address of Development or Projectr_���S�j 4014 5. Type of Project % Minor Subdivision (MI) Major Subdivision (MS) Site Plan (SP) 6. Zoning District 1 7. Zoning District 2 _ 8. Zoning Board Approval date it' Required 9. Date of Planning Commission Hearings/Meetings Site Plan Date or Sketch Plan Date 10. Preliminary Plat date 11. Final Plat Date _ 12. Revised Final Plat Date 1 (if applicable) 13. Revised Final Plat Date 2 (if applicable) 14. Acreage of Total Project / S.So 0 C,?FS 15. Use of Land 1 16. Use of Land 2 17. Use of Land 3 18. Use of Land 4 19. Number of Lots 20. Number of Single Family Units 21. Number of Multi -family Units 22. Construction Cost of Building 3 } J� C 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 34. 36. 37. 38. Size of Building (Square footage) Streets G5 City Street CS Private Street PS Date of Acceptance of streets by City _ Bond -Landscaping Bond -Streets Bond -Sewer Bond -Water _ Bond -Other Date Mylar Due (90 days after approval) Date Recorded - Expiration date of Approval _ Date of First Building Permit Tax Map Number Map File Location 1 Map File Location 2 Map File Location 3 Other fees (Type and amount) Preparers Name: Date: Posted in Computer (Name, Date): H KREBS & LANSINQ CONSULTING ENGINEERS, INC. 10 Main Street COLCHESTER, VERMONT 05446 (802) 878-0375 TOO WE ARE SENDING YOU Attached// ,,�,❑ Under separate cover via_ ❑ Shop drawings via- -1 ❑ Plans ❑ Copy of letter C] Change order ❑ __ F,L E-TT-4L Cff�r�a���o��a� DATE a ATTENTION RE: ❑ Samples following items: ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below ❑ For approval ❑ Approved as submitted xFor your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints Cl PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: - 'A� PRODUCT 2402 r Inc., Gmtw,.— Dian. If enclosures are not as noted, kindly notify us at once.Qj / CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Ownersof record Dennis J. & Barbara M. Scott A. & Barbara J. Etrl5er Stebbins 8412 NW 68th Street 159 Patchen Road Parkville, M0. 64152 South Burl, Vt. 05401 b. Applicant William & Jeffrey Shearer P.O. Box 666 Burlington, Vt. 05402 658-1111 c. Contact person David H. Spitz North Country Planning P.O. Box 333 Winooski, Vt QF;404 655-3661 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 56-unit planned residential development M 3) Applicant's legal interest in the property (fee simple, option, etc) Option to buy both properriP� 4) Names of owners of record of all contiguous properties R. Munson, Melna Concrete Products, J. Brill, T. Shepard, City of South Burlington, R. LaBerge, C.Perkins; Gardenway Inc, R- PrPnn„rt,E La_m_plough 5) iy-pe of existing or proposed enCUM1-)rances on property such as easements, covenants, leases, rights of way, etc. None identified to date rr ' 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Proposed municipal sanitary sewer and water supply; private streets. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include the dates of such actions: No previous applications were completed. 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and'area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signature) applicant o contact person _�6 K da to CITY OF SOUTH BURLii.GTON Subdivision Application - PRELIt:iINARY PLAT 1) Name of Applicant William Shearer 2). Name of Subdivision -,Summer Woods 3) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, include gross floor area if comm- ercial.) 56 unit planned unit resi dentin 1 development. Sys existing house. 4) Indicate any changes to name, address, or phone number of owner of record,applicant, or contact person since sketch plan application: _T none 5. Name, address, and phone number of: a. Engineer Robert Krebs _Krebs & Lansing Engineers_____ 199 Main Street,.Winooski,. Vermont 05404 b. Surveyor _! same as above c. A t t o r n e v not yet determined d . Pl 1 t Des inner David Spitz, North Country Planning _ P.O. Box 333, Winooski, Vermont 05404 -- 2 -- 6) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since this proposal was last before the commi s s ion: Location of some units has been shifted so as to avoid a stream crossing_ 7) List names and mailing addresses of owners of record of all coat igous properties: _ Randall G. Munson, 366 Dorset St, So. Burl _ 05401 L Melna Concrete Products, 185 Patchen Road, So. Burl 05401; Joanne Brill, 173 Patchen Road, So_ Burl 05401; Terry and Mary Shepard, 131 Patchen Road, So. Burl 05401; City of South Burlington (Jaycee Park); Rene and Linda LaBerge, 1234 Williston Road, So. Burl 05401; Charles Perkins,1184 Williston Rd; Gardenway Inc, 1�n St & 9th Ave, Troy, N.Y. 12180; Rinald and Beatrice Precourt, 3 Maple State title, drawing numbar, date of origi�� :.l plus any rev.Asions, Leaf Lane, Shelb05482 and designer (s) of the preliminary maps) accompanying thiq app, li- i Evelyn Lamploug) cation: Preliminary Plat - Summer Woods, 6/86y_page 1 of 2; __- _ -+-c_/opa-braves Box 2264 S.B. Details - Summer Woods, 6/86, page 2 of 2; both by Krebs & Lansing, , ' project #85148 °) Attach a preliminary reap showing the following information: 1) Proposed subdivision name or iden'Lifyinc title and the name of the city. 2) Name and address of owner of record, subdivider and designer of Preliminary Plat. 3) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and ot1-h,.r essential--.:istinr physical Features. r) The names of all subdivisions innediately adjacent anc the names of owners of recorO of adjacent acreage. 5) The location and size of any existing sewers and �-Tater mains, culverts and r,_:ins on the property or serving the property to be subdivided. 6) Location, names and widths of existing, and proposes' streets, private iays, sidewall s, cure cuts, paths, easeinents, nar';s -3- and other public or privately maintained open spaces as well as similar facts regarding adjacent property. 7) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. 8) Complete survey of subdivision tract by a licensed land surveyor. 9) Numerical and graphic scale.!, Cate and true north arrow. 10) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. 11) Details of proposed connection with the existing sanitary sewage disposal system or adequate provision for on -site disposal of septic wastes. 12) If on -site sewage disposal system is proposed.- location and results of tests to ascertain subsurface Tioil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. 13) Provisions for collecting and discharging storm drainage in the form of drainage plan. 14) Preliminary designs of any bridges or cult' -arts which may be required. 15) The location of temporary markers adequate to enable the Contuission to locate readily and appraise the basic lay- out in the field. Unless an existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. 16) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 10) Developmental timetable (including number of phases, and start and completion dates) One phase, start fall 1986, end fall 1987. 11) List the waivers applicant desires from the requirements of these regulations: `_[diver of 90-foot perimet.ar-zetbask- at three locations. 12) Attach a'vicinity map showing the following: 1.) All existing subdivisions, approximate tract lines and acreage of adjacent parcels, together with the names of the record oem ers of all adjacent parcels of land, namely, those directly abutting or directly across any street ad- joining the proposed subdivision. 2) Locations, widths and names of existing filed or proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together system --nd an indication of the future system of the remaining portion of the Preliminary Plat submitted covers only divider's entire holding. (signature) an or ontact persgn with its street probable street tract, if the part of the sub - (late M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: February 14, 1989 agenda items Date: February 10, 1989 2) PUBLIC HEARING: SUMMER WOODS FINAL PLAT AMENDMENT, PATCHEN ROAD Summer Woods Association proposes to amend the Final Plat approval for construction of a 52 unit planned residential development on a 15.31 acre parcel on Patchen Road (approved 10/6/87). The proposed amendment includes the following: 1) minor property swap with the Brill property to the east resulting in a 15.11 acre parcel, 2) subdivision of the 15.11 acre parcel into two lots of 14.79 acres and .32 acres, and 3 ) construction of a 38 unit planned residential development on the 14.79 acre parcel. The applicant indicated at previous meetings that they intend to sell the back 3.2 acres to the adjoining property owner to the west (E. Lamplough). This will be treated as a boundary adjustment. This will result in an 11.59 acre parcel upon which the 38 unit P.R.D. will be constructed. Therefore, I have reviewed this project assuming the land transfer has taken place so that when this transaction does occur, all density, setback, coverage, etc. will be met. Several issues and concerns raised at the last meeting have been addressed. These include the following: 1. Public roadways - the 2 proposed roadways will be 30 foot wide paved public roads. The proposed r.o.w. for the main road is 60' while the proposed r.o.w. for the road branching off to the west is 50' . The r.o.w. for the main road was originally proposed to be 50', however, this was able to be increased to 60' as a result of the property swap with Brill. 2. Parking - Enclosed is a list of covenants and restrictions which will be included in the Summer Woods Declaration of Condominium. Included is a restrictions on using the garage only for parking vehicles, which can be amended only with Planning Commission approval. The final Declaration of Condominium shall be reviewed and approved by the City Attorney prior to recording. 1 Memorandum - Planning February 14, 1989 agenda items February 10, 1989 Page 2 3. Parkland dedication - Bruce O'Neill, Chip Hart and I walked the property earlier this ,year. It was Bruce's opinion that there was no practical value in dedicating a portion of the property to the City. This is primarily because the topography of the property abutting Jaycee Park is quite steep and as a result would serve no practical purpose. Density: The property is zoned R-4. Setback, coverage and density requirements are met. Landscaping: The project requires street trees plus $30,300 in site landscaping. The plan shows Norway maple for street trees and an assortment of crab apple, pine, juniper, cherry, yew and perennials for site landscaping. In addition, an arborvitae screen is proposed between the Brill property and the new road. A red pine screen is proposed along the back of the duplex lot. Traffic: A traffic study conducted in July, 1987 indicated that the project would generate 37 peak hour trips, 22 of which would travel through the Patchen Road/White Street intersection. Adjusting the analysis to the present proposal results in 28 peak hour trips, 17 of which would travel through the Patchen Road/White Street intersection. This will require an intersection improvement fee of $893. Sewer: A sewer allocation of 18,000 gpd is granted. The original approval granted the project 10,500 gpd of existing capacity (before Airport Parkway Plan was expanded) and required the $2.50 gpd fee on only the remainder of granted sewer allocation. Using this same methodology, the applicant will be required to pay the $2.50 per gallon fee on 7,500 gpd. Parking: The project required 86 parking spaces. 92 spaces are proposed. This assumes that the garage is one space and driveway is one space. Pedestrian Easement: The plan shows a 15 foot wide pedestrian easement across its property. The easement joins Jaycee Park and allows an existing trail. This proposed pedestrian trail is shown on the Comprehensive Plan. Other: The applicants should be required to meet the applicable stipulations contained in the original approval. Bill Szymanski is concerned with the lack of unpaved right of way around the cul-de-sac for snow storage. We may want to require some type of easement for snow storage and signage in this area. 2 I -*nutb Nurlington +Rire Department 575 Dor.oet street �outlt Alurlington, Uerinant 95401 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: SUMMER WOODS PROJECT DATE: MONDAV JANUARV 30,1989 P2anz were reviewed by the JiAe depaAtmenx on the SummeA Woods Project # 85148.1 Dated December 1988. The on,2y probtem I see is two (2) o6 the 6owc hydrants are in the wrong f.oeation and were retoeated by me on the 6inaX ptan. They are Hydrant # 1 9 # 2. 1 have Tatted to Mr. John Osgood and he does not have a probt em with .the re eoeation. With a 10' g4a.s.6 area between the side watt and ewcb the hydrants shoutd be ,enstaUed in that area. 1 � OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 C 2. 17 9 A' 3 . ir Mh4 �E E�'• 5 Xe-G = 20 Xl3 X5 FLA�-J-r NkMt �;(Ze APE UNT -A" VWT %T� L*J►T `C' GCKGME-- �. V CAL- T;,j5 - 52 - --� '- a W/� -- - t -- - - DtNCX� R-� 1� JAI F�R� IPA-Z`t'" G6,N... - G MP�Y�DwE� �l�Bu�unn, M Fto t we _Gotx) Fj wfl Lkw u C�v t. 1. G GFt ( Zy-�� ��• I'�— Z� / t -• �12'2� L. ►' '-2' Dd.. ! -- I �, t � --- _ �60 C -� - - ,,- - _ ice _ vo � 15 a �MP�T'_�• C�N��RT uN rc�- I�bw• YW Y 1b-2�"_ _ 3�jAa.-• t6 lI /SGu- __ _ 1---- - — 3 ��-�=---��o — - — = _— 9 AD _ --k7 240 23 --- -- 23 3O � t ka PLANNING COMMISSION 25 AUGUST 1987 The South Burlington Planning Commission held a regular meeting on Tuesday, 25 August 1987, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Peter Jacob, Chairman; Catherine Peacock, John Belter, Mary - Barbara Maher, William Burgess, Judith Hurd, Ann Pugh Also Present Jane Lafleur, City Planner; Kit Perkins; Sonny Audette, Street Department; Sid Poger, The Other Paper; Peter Sparks, Phil george, M. Simoneau, Rich Frey, Dave Barchard, Sandra Dooley, Peter Pollak, Dick McKenzie, Roger Dickinson, Robert Perkowski, Joseph Romano, Ronald Schmucker, Bill Shearer, Joanne Brill, M. P. Gervais, Olga Kupystiansky, Donald Sutton, Larry Williams, Craig Leiner, Jim Roeder, David Spitz, Lance Llewellyn 1. Review Minutes of 11 August 1987 Mrs. Maher moved the Minutes of 11 August 1987 be approved as written. Mrs. Hurd seconded. Motion passed unanimously. 2. Continue review of final plat application of William Shearer (Summer Woods) for a 52 unit planned unit development on 15.5 acres located west of 15T and 173 Patchen Road Mr. Spitz outlined the changes they had made. The main road has been moved over toward the Brill property with a 10-foot strip for landscaping. Building 1-6 were moved forward and the present house will be removed. Units 7-12 have also been moved. All parking has been removed from the public right- of-way. The corner behind Melna has been redesigned. The road comes into a cul de sac and the right-of-way to the Munson property now extends from the cul de sac. Only one waiver for setback will be required. Mr. Szymanski and the Fire Chief both feel this is a workable plan. A landscaping plan will be presented at the final plat hearing as the ap- plicant preferred to think of this as a "sketch plan" pre- sentation. Mrs. Brill, the adjoining neighbor, read a letter to the Commission in which she expressed her displeasure at the removal of the private home and the moving of the road closer to her property. She said many trees will now have to be removed that could have stayed before. Mrs. Hurd moved that the item be continued until 8 September. Mr. Burgess seconded. Motion passed unanimously. PLANNING COMMISSION 25 AUGUST 1987 PAGE 2 Following the motion, the applicant expressed willingness to waive rights to ,the 45-day limit should that be exceeded. 3. Continue review of site plan application of Mobil Oil Corp. to construct a new 1089 sq. ft. building with related site changes for a gas station and "Mobil Mart" at 811 Williston Road Mr. Schmucker reviewed the plan and introduced Mr. Romano and Mr. Perkowski of Mobil. They explained they cannot use the easement to the Gaynt�s lot in lieu of a curb cut for exiting traffic as the 55 ft. tanker truck cannot negotiate the turn. Mr. Spitz then explained the traffic study. The Agency of Transportation anticipated up to 50,000 cars per day on that portion of Williston Rd. Traffic entering the gas station will thus increase with the new layout. The applicant feels the ability to serve customers will be improved and made safer by the new layout. It is expected that the largest number of turning movements (57 in peak hour) will be coming from Burlington. Exiting would be more difficult with 47 continuing east and 15 heading back toward Burlington. Mr. Schmucker said they would be willing to sign one curb cut "IN" and another "OUT" only. Mr. Leiner noted that Regional Planning studied this corridor and specifically the area behind Gaynes. They came up with a long range recommendation that there be an acces road just west of this Mobil Station to serve that parcel. This could result in a new intersection several hundred feet west of the Gaynes interesection (between Mobil and the bank). If and when this is constructed, the western access to Mobil could be closed and an access provided off the new road. Ms. Peacock noted there is no guarantee this road will ever be built or at this location. Mrs. Lafleur asked what Mr. Leiner would recommend given tonight's proposal. Mr. Leiner said he would recommend right turns only, both in and out. Mr. Perkowski said their tanker truck comes off the Inter- state and would have to turn left to enter. Mr. Burgess said they would have to go around the jughandle and come in with a right turn. Mr. Schmucker said if the Commission approves the plan, they would stipulate that if a road is built to the west, Mobil would close the western curb cut and use the new road providing it is feasible with the buildings on the lot. They would mark "IN" and "OUT" on the 2 curb cuts and will put signs in the right-of-way indicating entrance and exit, providing it does not diminish their other signing capacity. Mr. Burgess asked if Mobil could design a configuration that would work with the possible new road. Mrs. Maher agreed she 1 V-&'or�%(1Jk...e.aIWiYi��-' I 1 1 it ecXo,0 3 corrected to 69.5% by reducing the size of the proposed new building. Mr. Dugan said that landscaping has been revised to show spreading yews from back to front and across the front. There will also be 5 honey locust. Landscaping was chosen for appearance and for safety concerns. There will also be a green area behind the area where vehicles back up. Mr. Dugan said they will agree to use Austrian pines on the side of the building. The new building, now 6,000 sq. ft., has been moved forward to allow for 6 more parking spaces which are required because they were granted permission by the Zoning Board to park boats in the 8 spaces up front. Ms. Pugh said she understood last week that there was to be no boat display up front. Mr. Dugan said he thought that was only in the setback. These will be in parking spaces. Mrs. Hurd moved that the Planning Commission approve the site plan application of 3060 Associates to construct a 5000 sq. ft. addition to an existing 15,000 sq. ft. building for boat sales, and to construct a 6000 sq. ft. building for storage/ distribution at 3060 Williston Road, as depicted on a plan entitled "Addition to 3060 Williston Road, Site Plan," pre- pared bv Michael Dugan, AIA, dated July 18, 1987 to include the alternate parking layout revision of August 11, 1987, with the following stipulations: 1. A landscaping bond of $8100.00 shall be posted prior to permit. The new white pines shown on the east side of the road shall be replaced 12y another suitable salt -tolerant evergreen as approved by the City Planner. 2. A sewer allocation of 75 gpd must be made and the $2.50 per gallon fee must be paid prior to permit. 3. One hydrant must be provided �2y the applicant in a location determined by the Fire Department. 4. No boats shall be displayed on anY green space. 5. The paved area in the front shall be occupied by no more than 8 boats in 1,296 sq• ft. (8 parking spaces). 6. The building permit must be obtained within 6 months or this approval is null and void. The motion passed 2-0, Ms. Peacock, Ms. Pugh, and Mr. Burgess abstaining. 4. Continue review of Final Plat application'of William Shearer for a 56-unit planned unit development on 15.5 acres to the west of 159 and 173 Patchen Road On the issue of a city street, if the Commission wants a city street, setbacks would have to be waived, and Ms. Perkins said building would then be too close to the road. Last week t\ PLANNING COMMISSION 11 AUGUST 1987 PAGE 4 members fejt a 50 ft. right-of-way would still allow for a city street. However, setbacks would still have to be waived, and the City Manager expressed disapproval of this. Mr. Spitz said the road has been discussed as 30 feet all along. He felt a garage could be moved to give a little more of a setback. Mrs. Hurd said that just because the road was approved at preliminary plat doesn't mean it will necessarily be approved at final. She said she is very bothered by the fact that cars will have to back onto a city street. Mr. Burgess added that the snow plow will also plow in every parking lot. On another issue, the Fire Chief was concerned with units 41- 46. He didn't like the distance from the road and also the spur roads. The applicant will widen the spur from 24 ft. to 30 ft. and can flip-flop the drive and the parking area so the drive is closer to the building. Building #20 could be moved into the setback leaving a 30 ft. instead of 50 ft. setback. Members didn't feel this would be a problem. Mr. Burgess said he felt there were too many buildings for this parcel and was not inclined to vote for it. Mrs. Hurd agreed. Mrs. Maher said she had major problems with parking. Mrs. Hurd said she wanted to make it clear that she had not agreed to a 50-foot right-of-way but only wanted to see a plan of it to see if it would work. Mr. Spitz said he felt denying the application would be a drastic action especially since the Commission had approved the private street at preliminary plat. Ms. Perkins said there was time for a continuance to allow them to try to fix the plan. Mrs. Hurd moved to continue review of the Final Plat applica- tion of William Shearer for a 56-unit planned unit development on 15.5 acres west of 559 and 173 Patchen Rd. until 25 August. Mrs. Maher seconded. Motion passed unan- imously. Mr. Burgess commented that it is not easy on the applicant to have a preliminary plat passed and then have a problem with the final. The City has been insistent on public utilities, especially streets. He suggested Ms. Perkins look at other approved preliminary plats to see if this problem may arise again and alert the applicants. 5. Continue review of site plan application of Dorset Square Associates (Mery Brown) to construct a 3072 sq. ft. addition to an existing 7659 sq. ft. building on the Earl's Schwin lot when it is combined with the Dorset Square lot at 142 Dorset PLANNING COMMISSION 28 JULY 1987 PAGE 7 location is in the path of the proposed Southern Connector. Mr. Lamphere said the problem is they have to be able to drive through the building and it would be beyond what is economically feasible to move the building back. He noted the Connector was voted down several years ago. Mr. Lamphere also noted that if there is an official city map, the ap- plication could be denied, and the City would then have 120 days in which to buy the property. Mr. Lamphere then showed the traffic circulation pattern. All of the traffic dnticipated currently exists on the site. It will not affect Shelburne Rd. Some filling will be required for drainage ditch. The re- tention pond will remain. The required landscaping has not been met. It will be necessary to pave all around the building. If the Commission insists, they will put more landscaping up front. The project requires 102 parking spaces plus parking for 6 trucks. This already is met. Mr. Jacob said the parking needs to be shown on the plans. Mr. Belter asked if the plan has to be reviewed by Wagner, Heindel & Noyes. Ms. Perkins said she did not think so. Mrs. Maher aid she would like to see a revised landscapin lan. She also felt the Commission had to ad- dress the issue of the Connector extension, and she didn't want to give an approval without an opinion from the City Attorney as it might someday cost the city a lot of money to buy the building. Mrs. Hurd moved that the site plan application of Farrell Distributing Corp. be continued until 11 August 1987. Mr. Belter seconded. Motion passed unanimously. 6. Public Hearing: Final plat application of William Shearer (Summer Woods) for a 56-unit planned unit development on 15.5 acres to the west of 159 and 173 Patchen Rd. Mr. Spitz indicated the changes made since preliminary plat. A few units have been relocated and some parking changed. Every unit will not have a garage; about 12 units will have two parking spaces instead of the garage and one parking space. He indicated they will comply with the City Engineer's requests regarding drainage and concrete curbs. Regarding the issue of the private street, Mr. Spitz noted the project was approved at preliminary plat with the under- standing it would be a private street. They will widen the cul de sac to 40 feet. They can get a 60-foot right-of-way PLANNING COMMISSION 28 JULY 1987 PAGE 8 but this would require a number of setback waivers. It would be as close as 5 feet in some locations. After a brief dis- cussion, members agreed that a 50-foot right-of-way would be adequate. Mrs. Hurd said she would like to see the plan for that. The applicant agreed with the gravel walkway to the Park, but wants to prevent use by motorcycles and minibikes. Mr. Jacob said there can be a stipulation that the walk be fore pedes- trians only. Scott irower presented the landscaping plan. ,There will be groupings of fruit trees toward Patchen Rd, with shade trees toward the center of the development. Mrs. Brill said she would like a visual screen between her home and the back of the condos. It was noted this is addressed in the plan. Members felt that Mr. Audette should check on the issue of snow plowing. Mrs. Hurd moved that the public hearing on the final plat application of William Shearer be continued until 11 August. Mrs. Maher seconded. Motion passed unanimously. 7. PUBLIC HEARING: Revised final plat application of LDB, Inc, (Oak Creek Village) for a 112 single family subdivision with 21 acres of open space on 71.8 acres and a 28 acre parcel of industrial land for the future park at 1175 Hinesburg Road Mr. Llewellyn briefly reviewed the plan the Commission had approved. He noted that at Act 250, the 100 foot setback had not been acceptable, and a 200 foot buffer had been required. It will be heavily bermed with denser trees. They were reduced to 113 lot. The cul de sac is now a full loo.p around. Mrs. Hurd asked if a sidewalk can be requested. Ms. Perkins noted the applicant is already required to make a cash contribution for the Hinesburg Rd. sidewalk. Mr. Farrar asked whether the revised plan now has to go back to the City Council. Ms. Perkins said the City Manager has already scheduled it for 24 August. The Commission also agreed to a change in the street names. Mrs. Hurd moved that the Planning Commission approved the re- vised Final lat applicationof LDB, Inc, Mery Brown) for the subdivisionof 100 + acre parcel into 28.1 acre parcel of land zoned industrial -agricultural, 113 single family lots, and 21 + acred of open space to be dedicated to the City as de- picted on a 20 page set of plans, page one entitled "LDB De- velopment, overall site Plan, index of sheets" prepared Fitzpatrick -Llewellyn Incorporated dated September, 1986, PLANNING COMMISSION 8 JULY 1986 PAGE 2 line problem. Mrs. Hurd seconded. Mrs. Maher then amended her motion to include the fact that the final plan show only one exit, final landscaping, and the building located outside the Water Dept. right-of-way. In the votes which followed both the amendment and motion passed unanimously. 3. PUBLIC HEARI William Shearer Summer Woods on Patchen Road. G: Continue preliminary plat application for a 52-unit planned development called 15.5 acres located west of 159 and 173 of Mr. Spitz explained the changes made since the last meeting. Since they did not want to cross the stream, they have dropped 4 units. This has cleaned up the turn -around problem and the problem with the Munson property. They solved one of the setback problems at the bottom and also the one at the back corner of the Brill property by moving a garage. At one back corner of the Melna building, they are still requesting a 40-foot setback instead of 50. They have taken out the sidewalk between the Melna and Brill properties and are thinking of going along the proposed road and south of the existing house. They have added a pedestrian trail connecting to J.C. Park and will continue it to the border of the Munson land. There is now a 10-foot space for snow storage, as requested by Mr. Szymanski. They replaced the hydrant which had been removed in error and have provided a wider swing area behind the garages. Regarding traffic, Mr. Spitz will do the study and will include the Patchen Rd./White Street intersection to see if it will require a signal. Members agreed to have Craig Leiner review the study. Mr. Krebs explained the water drainage plans. For a majority of the area they will use dry wells and try to get as much water into the soils. They may have to collect water further down but will try to sheet drain as much as possible. They will discuss the curbing question with Mr. Szymanski. Mr. Dooley then moved that the Planning Commission approve the preliminary plat of William Shearer for a 52-unit planned unit development plus one existing unit on 15.5 acres owned Barber and Stebbins as depicted on a plan entitled "Summer Woods, Patchen Road, South Burlington, Vermont" prepared Krebs & Lansing Consulting Engineers, Inc., dated June 1986, last revised 7/3/86 with the following stipulations: PLANNING COMMISSION 8 JULY 1986 PAGE 3 1. Sewer and water lines shall be at least 10 feet from any building. 2. Flow tests shall be taken to determine if there is suf- ficient water for fire protection for the proposed density. 3. Only 49 additional access is constructed. units can be constructed until a second 4. A landscaped buffer between the buildings #36-52 and the parking areas shall be maintained and shown on the final plat. - - 5. The Planning Commission agrees to waive the 50-foot set- back to 40 feet for the garage between building 32-35 and 26- 28. — — 6. A snow fence shall be installed at the top of the bank during the entire construction period. 7. A detailed landscaping plan shall be submitted for final plat. - 8. Road maintenance waivers, articles of association, condo - by -laws and pedestrian easements shall be submitted to the City Attorney for approval prior to final plat. 9. Streets shall include concrete curbs and a sidewalk to Patchen Rd. 10. A traffic study shall be submitted prior to final plat evaluating the White Street/Patchen Road intersection as well as the entrance of the project. 11. Bonds for landscaping, roads, sewer and water shall be posted prior to permit. 12. A sewer allocation of 23,400 gpd is made in accordance with the South Burlington Sewer Policy. There are 10,500 gallons available. The remainder is placed on the waiting list until capacity is available. Any portion of this amount that comes from the expanded Airport Parkway Plant shall be assessed the $2.50 per gallon fee. 13. The Final Plat shall be submitted within 12 months or this approval is null and void. Mr. Burgess seconded, and the motion passed unanimously. Mr. Spitz noted they still have questions about the curbs and PLANNING COMMISSION 8 JULY 1986 PAGE 4 will talk with Bill Szymanski about this. 4. PUBLIC HEARING: Preliminary Plat of Alan Gigure for a 4- lot subdivision of the 1.02 acre Franco parcel at 120 Airport Parkway Mrs. Lafleur explained that as the plan is drawn, the property lines of the lots go down the center of the 60 foot easement. While this is not illegal, it is very unusual. The City Manager feels the road should be a city street and is not convinced they can't have buildable lots with a 60- foot easement although they may not be big enough for duplexes. Mr. Gigure said he is requesting a 30-foot private street. The concensus of the Commission was that it be a city street. Lynn Morrow, a neighbor, expressed concern that there were to be duplexes which back up to their lot. Mr. Jacob explained there is nothing the Commission can do if the applicant has sufficient lot size. Mr. Dooley moved that the Planning Commission approve the Pre-liminary Plat application of Alan F. Gigure for a sub- division of the 1.721 acre Franco property as depicted on a plan entitled "Proposed 4 lot Subdivision for Alan and Julie Gigure, Land to be conveyed from Vito Franco to Alan and Julie Gigure, Airport Parkway" prepared by Palmer Company, Ltd, dated June 16, 1986 with the following stipulations: 1. The Final Plat shall show a 60 foot right-of-way for a city street that is not included in the acreage of lots #1 through #4. 2. That street deflection should include a curve, not a sharp bend. 3. Legal documents for the street dedication shall be sub- mitted to the City Attorney for approval prior to permit. 4. Water and sewer shall be depicted on the plans. 5. Final Plat shall include a landscaping plan with street trees. 6. A sewer allocation of 2,250 gpd is made in accordance with the South Burlington sewer policy. This project is placed on the waiting list. Any portion of this amount that comes from the expanded Airport Parkway Plant shall be assessed the $2.50 per gallon fee. PLANNING COMMISSION 24 JUNE 1986 The South Burlington Planning Commission held a meeting on Tuesday, 24 June 1986, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Peter Jacob, Chairrman; Judith Hurd, William Burgess, John Dooley Also Present Jane Lafleur, City Planner; Ruth Poger, The Other Paper; David Spitz, Bill Shearer, Molly Lambert, Peter Taylor, Larry Williams, Leona Lansing, Joanne Brill, Dick Sweterlitsch, Bob Wallace, Peter Allison, David Raphael, Robert Krebs; Mike Donoghue, Burlington Free Press Review Minutes of 10 June 1986 The following names were added to the list of those present: David Lash, Alice Boyd, Kenneth Boyd, Robert Fisher Mr. Dooley moved to accept the Minutes of 10 June 1986 as amended. Mr. Burgess seconded, and the motion passed unanimously. 2. PUBLIC HEARING: Preliminary Plat Application of William Shearer for 56 unit planned development (plus existing house and garage) called Summer Woods on 15.5 acres located west of 159 and 173 Patchen Road Mr. Spitz said the layout has changed so that all units are focused to the north of the watercourse. The original entrance was north of the existing house and garage; it is now to the south. The drive bends sharply (to save trees). Units start behind the existing garage and are 10 feet or more off the steep bank. The Fire Chief had no adverse com- ments on the layout. They are trying to keep all parking to the middle so that all units have green space behind them. Units 17-24 are built into the hill. Setbacks are met and comply with state erosion requirements. Garages for units 37-44 and 45 to 52 are underneath. The last 4 units have separate garages. The will meet fire requirements for water pressure and will have a sewage pumping station. Storm drainage will go out from a central area. Mr. Spits noted that the existing house and garage are within the 50-foot setback. At the back corner of the Brill property they have only a 30-foot setback. They have kept 50 feet all around except at the back corner of Melna and 30 feet from the Munson property at one point. Sewer and water lines will be at least 10 feet from any building. They will take another look at the turnaround near units 53 and 56. The 4-car PLANNING COMMISSION 24 JUNE 1986 PAGE 2 garage will be redesigned. They want a 90-degree turn near the Munson property but will not encourage use of it. They felt the original sidewalk location was best with landscaping on either side. Mr. Jacob said the City Manager is trying to prevent complaints when snow is not adequately plowed. Mr. Spitz said they would go over this with the City Manager. Mr. Burgess asked if setbacks can be met if the waterway were crossed. Mr. Spitz said they could and that it was economics not necessity that is causing the setback problems. Mrs. Brill of 173 Patchen Rd. said she didn't like the idea of a structure within 30 feet of her property line and didn't feel its location there was necessary. Peter Taylor of Patchen Rd. asked the maximum number of units that can be on the property. Mrs. Lafleur said 62 is the maximum (including the exisitng house). Mr. Taylor asked about lighting, and Mr. Jacob said Act 250 will go into this in depth. Mrs. Hurd said she appreciated that they wanted to stay away from the ravine, but thought certain areas were very tight and encouraged them to come back with better placement. She felt there were too many waivers for setback. Mr. Dooley agreed, especially as neighbors were objecting. Mrs. Brill said she would like the walkway moved to the south of her property as she didn't want to be surrounded on 3 sides by the development. It would also give her more privacy. Mr. Taylor asked if this property would connect with Munson's if the latter were developed. Mr. Jacob said the road in this development is private and would be controlled by people in the development. Mrs. Lafleur noted that anything over 50 units required a second access and this might be it. The access could be for emergency purposes only and could be fenced or chained. Regarding traffic, Mr. Spitz said they have used ITEapartment numbers in their study. From 7-8 AM, they show 29 trip ends and from 4-5 pm, 40 trip ends. The Agency of Transportation did a study on Patchen Rd. The design hour is 769 cars, about half in each direction. The level of service for this entrance turning in is Level A; it is B for turning out to the right and C for turning out to the left. Mrs. Lambert said that traffic in the area is so bad they can't get out of their house at peak hours. Members agreed they wanted the applicant to reconsider set- backs, sidewalks, and the number of units. Mr. Dooley moved to continue the Public Hearing until July 8. Mr. Burgess seconded, and the motion passed unanimously. DR,,AFT DECLARATION JUL - 11987 OF__ ... _..._ .., ..,;.�,.�.�..._. SUMMER WOODS TOWNHOUSES ARTICLE I SUBMISSION AND DEFINITIONS Section 1.01. Submission of Property; Creation. William R. Shearer of South Burlington, Vermont, (the "Declarant"), owner in fee simple of the following described land, such land being further described in Exhibit A hereto, located in the City of South Burlington in the County of Chittenden and State of Vermont (the "Land"), hereby submits the Land, together with all easements, rights and appurtenances thereto, (the "Property"), to the provisions of Chapter 15 of Title 27 of the Vermont Statutes Annotated, known as the Vermont Condominium Ownership Act, as amended, (the "Act"), and hereby creates with respect to the Property a residential Condominium, to be known as "Summer Woods Townhouses" (the "Condominium"): A parcel of land in the City of South Burlington, Vermont, as shown on a plan of Krebs and Lansing Consulting Engineers, Inc. dated and entitled "Final Plat, Summer Woods, Patchen Road, South Burlington, Vermont" which is recorded in Plat Book , Page of the City of South Burlington Land Records and a reduced copy of which is attached hereto as Exhibit B-1 and all buildings and other improvements thereon as shown on the plans of Krebs and Lansing Consulting Engineers, Inc., dated and entitled "Floor Plans, Sheets which are recorded in Plat Book Pages of the Land Records of the City of South Burlington, and reduced copies of which are attached hereto as Exhibit B-2. Said parcel of land is more particularly described in Exhibit A hereto. Section 1.02. Definitions. Unless it is plainly evident from the context that a different meaning is intended, each capitalized term used herein without definition shall have the meaning specified in the Bylaws of Summer Woods Homeowners Association, Inc. (the "Association") attached as Exhibit C (the "Bylaws"), as may be amended from time to time, or as provided in Title 27, Chapter 15, Vermont Statutes Annotated, the so- called "Condominium Ownership Act". ARTICLE II BUILDINGS ON THE LAND, UNIT BOUNDARIES AND DESCRIPTIONS Section 2.01. Location of Building. The locations of the Buildings are depicted on the site plan attached hereto as Exhibit B-1. Section 2.02. Description of Building. There are 12 buildings: The renovated pre-existing house with a basement and two above grade floors containing three (3) bedrooms (the "House) and a garage space in the adjacent pre- existing garage. Such garage space will be conveyed as appurtenant to the House. Eight (8) new buildings consisting of rows of six to eight townhouses, each townhouse having a basement and two above grade floors and containing two bedrooms (the "Townhouses"). Sixteen of the townhouses contain a garage in the basement level. Three (3) new garage buildings, each having one above grade floor; two of the garage buildings will contain six (6) garage spaces and one building will contain twelve (12) garage spaces for a total of 24 garage spaces. The garage spaces will be conveyed as appurtenant to certain designated townhouses. Together the House and Townhouses and the appurtenant garage spaces shall be referred to as "Units". The House and each Townhouse has a concrete foundation and basement floor and the remainder is wood and/or steel frame. The exterior walls are woodframe with wood siding exterior. The roofs are constructed of asphalt shingles. Interior walls and ceilings of each Unit are drywall construction. The interior flooring is carpeting, vinyl flooring, wood flooring and/or tile. Each garage has a concrete slab and floor and the remainder is wood and/or steel frame. The exterior walls are woodframe with wood exterior siding. The roofs are constructed of asphalt shingles. Section 2.03. Description of Units, and Allocation. The Floor Plans are recorded in Plat Book , Pages and reduced copies of which are attached hereto as Exhibit B-2. Unit plans including layout, location, and dimensions of each Unit are attached hereto as Exhibit D. Exhibit E is a list of all Units, the identifying number of each Unit, the percentage 2 D P-44AFT JUL -1 1987 of undivided interest in the Common Areas and facilities (the "Common Elements") and voting allocated to each Unit. The locations of the Common Elements to which each Unit has direct access are shown on Exhibit B-2; balconies, decks, and porches, if any, shown adjacent to any Unit on Exhibit D are Limited Common Areas and Facilities ("Limited Common Elements") appurtenant to each Unit. Section 2.04. Unit Boundaries. Each Unit consists of the space within the following boundaries: A. Upper and lower (horizontal) boundaries: The upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the vertical (perimetric) boundaries. 1. Upper boundary: The horizontal plane of the bottom surface of the plasterboard. 2. Lower boundary: The horizontal plane of the top surface of the subflooring. B. Vertical (Perimetric) boundaries: The vertical boundaries of the Unit shall be the vertical plane which includes the outermost surface of the plaster board of all walls bounding the Unit extended to intersections with each other and with the upper and lower boundaries. C. If any chute, fire duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of any Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to that Unit, and any portion of the Common Elements is a part of the Common Elements. Subject to the foregoing, all spaces, interior partitions and other fixtures and improvements within the boundaries of a Unit are a part of the Unit. D. Any shutters, awnings, windowboxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or other fixtures or improvements designed to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. "I 3 D R* 4 A Fri JUL -11981 ARTICLE III COMMON ELEMENTS AND FACILITIES Section 3.01. Limited Common Elements. A Limited Common Element is a portion of the Common Elements allocated for the exclusive use of one or more of the Units but less than all of the Units. Balconies, decks, and porches, if any, attached to the building are Limited Common Elements, to be used exclusively by the Unit Owner who has direct access to such balcony, deck, or porch from the interior of the owner's Unit. The Limited Common Elements are subject to the right of the Association to enter upon any such area for maintenance, repair or improvement of a Unit or a common or limited common element and are also subject to the By-laws and rules and regulations of the Association. Section 3.02. Common Elements and Facilities. The Common Elements are all the Property depicted on Exhibit B-2 except Units and Limited Common Elements. The Common Elements shall remain undivided and shall be devoted to the common use and enjoyment of all Unit Owners. Each Unit Owner may use the respective Common Elements in accordance with the purposes for which they were intended without hindering or encroaching upon the lawful rights of other Unit Owners. The Common Elements include, without limitation, the following: A. The Land described herein, including the real estate upon which the Buildings and other improvements are located, together with the benefit of, and subject to, all rights, easements, restrictions and agreements recorded in the Land Records of the City of South Burlington. B. All portions of the Buildings except those portions identified as Units or Limited Common Elements. C. All improvements other than the Buildings and Limited Common Elements. No Unit Owner nor any other person shall maintain any action for partition or division of the Common or Limited Common Elements, unless the Property has been removed from the provisions of this Declaration pursuant to the Act. 4 Deyl �� A F 1" JUL -11987 ARTICLE IV USE RESTRICTIONS Section 4.01. Permitted Uses of Residential Units. Each Residential Unit shall be used solely for residential purposes and no trade or business of any kind may be carried on therein (the lease or rental of Residential Unit for residential purposes shall not be considered to be carrying on of a trade of business). Section 4.02. Restrictions on Use of Units• Rules and Regulations. Except for the activities of the Declarant and its agents in connection with the construction of the condominium, and except as may be reasonable and necessary in connection with the maintenance, improvement, repair or reconstruction of any portion of the condominium by the Declarant or the Association, each Unit and the Common Elements shall be occupied and used only in compliance with Article IX of the By-laws. Section 4.03. Rights Reserved by Declarant. The Declarant reserves the right to use or maintain any Unit as a sales office, management office, rental unit or model. ARTICLE V EASEMENTS Section 5.01. Easement for Encroachment. To the extent that any Unit or Common Element encroaches on any other Unit or Common Element, an easement for the encroachment shall exist. Section 5.02. Easement for Completion and Improvements. The Declarant, its successors and assigns, hereby reserves an easement through, in, over, under or across the Common and Limited Common Elements for the purpose of completing improvements described in this Declaration or in other property of Declarant, or to make improvements in the Condominium or in other property of Declarant and to erect and remove signs advertising the Condominium or other property of the Declarant. ARTICLE VI DAMAGE OR DESTRUCTION Section 6.01. Common Elements and Limited Common Elements. Any portion of the Common Elements and Limited Common Elements which is damaged or destroyed shall be promptly repaired or replaced by the Association unless A. Repair or replacement would be illegal under any State or local health or safety statute or ordinance, or JUL -1 1987 B. The condominium is terminated. Section 6.02. Units. (a) If any portion of the Building in which a Unit is located shall be damaged or destroyed, the damaged portion shall be promptly repaired or replaced by the Association unless (i) repair or replacement would be illegal under any State or local health or safety statute or ordinance, or (ii) 80 percent of the Unit Owners, including the Owner of a Unit and the Owner of any Limited Common Element which will not be rebuilt, vote not to rebuild, or (iii) the Condominium is terminated. (b) In the event that the damage or destruction is limited to the interior of a Unit then the Owner of the Unit shall promptly repair or replace the damaged portion. Section 6.03. Insurance. The Association shall maintain, to the extent available, multi -peril property insurance on the Common Elements and Facilities and Limited Common Elements insuring against all risks of direct physical loss commonly insured against. Included in said policy or policies shall be blanket coverage for improvements and betterments located in each Unit. The Association shall have the right to increase the minimum amount of improvements and betterments coverage from time to time at its discretion. The all risk coverage insurance shall be on a replacement cost basis in an amount not less than that necessary to comply with any co-insurance percentage stipulated in the policy, but not less than 100% of the replacement value, which may be subject to a reasonable deductible. The insured under said policy or policies shall be the Association for the use and benefit of the individual Unit Owners. Said insurance policy or policies must contain the standard mortgagee clause which must be endorsed to provide that any proceeds shall be paid to the Association and any mortgagees as their interests may appear. In addition, the Association shall have a comprehensive policy of public liability insurance covering all of the Common Elements and Facilities and Limited Common Elements in the condominium project. Such insurance shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of a condominium Unit Owner because of negligent acts of the Association or other Unit Owners. Any loss covered by insurance shall be adjusted by the Association which shall hold the proceeds in trust for the Unit Owners and lien holders as their interest may appear. In the event of repair or replacement to the Common Elements and Facilities, the proceeds shall be disbursed first for repair or replacement. The costs of repair or replacement in excess of insurance proceeds and reserves, if any, shall be a common expense. 6 4' A I JUL -11987 ARTICLE VII CONDEMNATION Section 7.01. Common Elements. If any portion of the Common Elements is taken by condemnation, the Condominium shall not terminate unless 80 percent of the Unit Owners so vote. The Association shall divide any portion of the aware not used for any restoration or repair of the remaining Common Elements before the condemnation, but the portion of an award attributable to the acquisition of a Limited Common Element shall be divided equally among the Owners of the Units to which that Limited Common Element was allocated at the time of acquisition. Section 7.02. Units. Upon acquisition by condemnation of any Unit or such a part of a Unit that the Unit Owner is left with a remnant which may not practically or lawfully be used for any purpose permitted by this Declaration, that Unit's entire Common Element interest shall be reallocated to the remaining Units in proportion to the respective interest of those Units prior to condemnation, and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocation. The Common Element interest of a Unit prior to condemnation, and any remnant of a Unit remaining after part of a Unit is taken, thereafter shall be a Common Element. ARTICLE VIII THE ASSOCIATION Section 8.01. Authority. The business affairs of the Condominium shall be managed by Summer Woods Homeowners Association, Inc. (the "Association") or its successor. The Association shall be governed by its Bylaws, which are attached hereto as Exhibit C, as they may be amended from time to time. Section 8.02. Membership. The membership of the Association shall at all times consist exclusively of all the Unit Owners or, following termination of the Condominium, of all former Unit Owners. Section 8.03. Powers. The Association shall have all of the powers, authority and duties permitted pursuant to the Act necessary or appropriate to manage the business and affairs of the Condominium. D- -% F T 'i .�s�' m JUL -1 1987 ARTICLE IX ALTERATIONS, MAINTENANCE AND REPAIRS Section 9.01 Alterations. The Unit Owner shall not make any structural alterations or structural improvements to the Unit or make any changes to the Common or Limited Common Elements or to the exterior appearance of the Unit without the express prior written consent of the Association. The Unit Owner may make any other improvements or alterations to the interior of his Unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of another Unit or the Common or Limited Common Elements. Any alterations shall be at the Unit Owner's expense and the Unit Owner shall make or pay for any repairs or replacements caused for any reason whatsoever because of any alterations made by Unit Owner. Section 9.02 Additions, Alterations and Improvements by the Associations. The Association may make any additions, alterations, or improvements to the Common or Limited Common Elements which it deems necessary and the cost thereof shall be charged as part of the Assessments. Section 9.03 Maintenance and Repairs By The Association. The Association shall be responsible for the maintenance, repair and replacement (unless such expense was necessitated by the negligence, misuse or neglect of a Unit Owner) of all the Common Elements (including the Limited Common Elements) whether located inside or outside of the Units, the Cost of which shall be charged as part of the Assessment; provided, however, that the Unit Owner shall perform normal maintenance to the Unit and on the Limited Common Elements appurtenant to the Unit, including without limitation the items enumerated in Section 9.04 hereof. The Association responsibilities shall include but not be limited to providing the following services. A. Common and Limited Common Element maintenance and repairs, except as provided in Section 9.04 hereof; B. Yard maintenance, snow plowing and lawn mowing; C. Routine bookkeeping and management supervision; D. Garbage and Trash Disposal; and E. Water and sewer service. Each Unit Owner shall afford to the Association and the Declarant, its successors or assigns when necessary, and to 8 DRAFT JUL ->>sa7 their agents or employees, access in, through or across his Unit reasonably necessary for those purposes. If damage is inflicted on the Common Elements, Limited Common Elements, or any Unit across, in or through which access is taken, the Association, or the Declarant if it is responsible, shall promptly repair such damage. Section 9.04 Maintenance And Repairs By The Unit Owners. The Unit Owners shall keep the Unit and its equipment, appliances and appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of the Unit. Without intending to limit the generality of the foregoing, each Unit Owner shall be responsible for the following specific responsibilities and the costs attributable thereto: Unit Owner Is Items Responsible For: Unit plumbing & related - All portions within the systems & components Unit including fixtures and appliances attached thereto. - Plumbing stoppages occurring on the Unit side of the waste pipe serving more than one Unit shall be cleared at the Unit Owner's expense. - Water damage to a Unit, when the primary source of such problem is through the negligence of the Unit Owner. Unit electrical and related - All components on the Unit systems and components side of the Unit service thereof. panel (including the individual circuit breakers) - In all regards for items serving only the Unit. Unit heating and cooling - All, in all regards, at Unit systems and components Owner's expense. thereof. 9 DRAF Y JUL -11987 Unit windows and doors. Unit balconies and terraces and railings, if any. - Routine cleaning and glass replacement. - Hardware set including lock and deadbolt assembly and hinges/closure. - Operating mechanism and weatherstripping. Routine cleaning. Unit screens (balcony and - All which serve the Unit in terraces doors and windows). all respects. Replacements to be of same color, grade and style. All repairs and replacements shall be substantially similar to the original construction and installation and shall be of first-class quality, but may be done with contemporary building materials and equipment. Unit Owner shall, at all times, comply with local and state fire regulations. Unit Owner shall at once report in writing to the Association any defective condition known to the Unit Owner which the Association may be required to repair. In the event that Unit Owner is responsible for any defective condition known to it which the Unit Owner may be required to repair, the Unit Owner shall have fourteen (14) days to repair the same. If the Unit Owner does not commence such repairs within seven (7) days after notice from the Association, the Association may at its option, undertake said repairs and the charges and costs of such repair shall be paid by Unit Owner. Section 9.05 Contracts for Services. The Association may enter into one or more service contracts with the Declarant, its successors and assigns, for providing any of the services and functions which are the responsibility of the Association under the Bylaws or this Declaration. ARTICLE X AMENDMENTS Section 10.01. Generally. Except as otherwise provided in Section 10.04, this Declaration may be amended only by vote or agreement of Unit Owners of Units to which at least 75 percent of the votes in the Association are allocated. Every amendment JUL -11987 shall be prepared, executed, recorded and certified by the Association and shall be effective. only when recorded. Section 10.02. Individual's Consent. 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 shall be valid unless the same has been signed by or consented to by the Unit Owner so affected. Section 10.03. Statutory Compliance. No instrument of amendment which alters this Declaration in any manner which would render it contrary to or inconsistent with any requirements or provisions of the Act shall be valid. Section 10.04. Amendment by Declarant. Notwithstanding the provisions of Section 10.01, but subject to the provisions of Section 10.02, this Declaration may be amended by the Declarant, without the consent of any other Unit Owner (a) by the Declarant prior to conveyance of title to seventy-five percent (750) of the Units, or (b) in order to comply with any provision of law; and any such amendment, upon execution and certification by the Declarant and recording by the City Clerk of the City of South Burlington, shall be effective upon recording. ARTICLE XI MISCELLANEOUS Section 11.01. Invalidity. If any provisions of this Declaration are 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 the Declaration are severable. Section 11.02. 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. Section 11.03. Headings. The headings in this Declaration are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. Section 11.04. Termination. This Declaration, as it may be amended from time to time, may be terminated as provided by law. Section 11.05. Agent. The person who shall receive service of process as required by the Act is William R. Shearer, 66 Bartletts Bay, South Burlington, Vermont 05403. 11 PA F T JUL -11987 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this day of , 1986. WITNESSES: STATE OF VERMONT CHITTENDEN COUNTY, SS. DECLARANT William R. Shearer Personally appeared WILLIAM R. SHEARER and he acknowledged the foregoing instrument by him signed and sealed to be his free act and deed this day of , 1987. Before me: Notary Public 12AFT/9 JUL -1 1987 EXHIBIT A Property Description JUL -1 1987 Property Description Parcel 1 Being all and the same lands and premises conveyed to William R. Shearer by Warranty Deed of Dennis J. Barber and Barbara M. Barber dated September 11, 1986 and recorded at Volume 217, Page 423 of the Land Records of South Burlington. A parcel of land containing 13.75 acres, more or less, situated on the westerly side of Patchen Road, known and designated as 175 Patchen Road. Parcel 2 Being all and the same lands and premises conveyed to William R. Shearer by Warranty Deed of Scott R. Stebbins and Barbara J. Stebbins dated September 12, 1986 and recorded at Volume 217, Page 421 of the Land Records of the City of South Burlington. A lot of land with buildings thereon situated on the westerly side of Patchen Road, the dwelling house thereon being known and designated as 159 Patchen Road. This is an irregularly shaped lot described in a Warranty Deed of Burlington Building and Land Association, Inc. to Parker H. and Marion L. Robinson, dated August 5, 1935 and recorded in Volume 13 at Page 69 of the Land Records of the City of South Burlington. Said description reads, in part, as follows: "Beginning at an iron post on the westerly side of the Patchen Road, so-called, in said town of South Burlington, said iron post being on the line of electric light poles and a distance of approximately one hundred sixty-five (165) feet southerly from the southeast corner of lands owned by one Riley; Thence, westerly in a straight line a distance of three hundred ten (310) feet to an iron pipe driven into the ground; Thence, southerly at right angles to said last mentioned iron post a distance of approximately two hundred sixty-two (262) feet to an auto axle driven into the ground beside a wooden fence post; Thence, easterly at right angles to said last mentioned point a distance of approximately two hundred sixty (260) feet to a wooden post driven into the ground; Thence, northerly a distance of approximately one hundred (100) feet to a small pine tree; Thence, northeasterly a distance of fifty-one (51) feet to a small white birch tree; R�v` `" A77T is JUL -1 19B7 Thence, easterly a distance of twenty-two (22) feet to a point in a line of electric light poles and seventy-five (75) feet southerly from the point of beginning; Thence, northerly in line with said line of electric light poles a distance of seventy-five (75) feet to the point of beginning." JUL -11987 EXHIBIT B-1 Reduced Copy of Site Plan [To Be Added] VENAF JUL-11987 EXHIBIT B-2 Reduced Copies of Floor Plans [To Be Added] JUL -11387 EXHIBIT C By --Laws DRAFT JUL -1 1987 BY-LAWS OF SUMMER WOODS HOMEOWNERS ASSOCIATION, INC. ARTICLE I NAME AND LOCATION The name of this corporation is "Summer Woods Homeowners Association, Inc." ("Association") and has its principal office located in South Burlington, County of Chittenden and State of Vermont. ARTICLE II DEFINITIONS Unless it is plainly evident from the context that a different meaning is intended, all terms used herein shall have the same meaning as they are defined in the Declaration of Summer Woods Townhouses (the "Declaration") or in Title 27, Chapter 15, Vermont Statutes Annotated, the so-called Condomin- ium Ownership Act. ARTICLE III OWNERS, GOODSTANDING Section 3.01. Owners. Every person, group of persons, corporation, trust or other legal entity, or any culmination thereof, which owns a condominium unit within the condominium project shall be a member of the Association. Section 3.02. Good Standing. A member shall not be deemed to be in good standing nor shall he be entitled to vote in any annual meeting or special meeting if any assessments levied against the unit are delinquent or not current or both. Section 3.03. Chancre of Ownership. Except for those owners who initially purchased a unit from the Declarant, any person, on becoming an owner of a unit, shall furnish to the Board of Directors, a photocopy or certified copy of the ownership instrument vesting that person with an interest or ownership in the condominium, which instrument shall remain in the files of the Association. A member shall not be deemed to be in good standing nor shall he be entitled to vote at any annual or at a special meeting of the members unless this T C - 1 � ,k� 6""�t1 JUL -1 12`37 requirement is first met. There shall also be registered with the Board of Directors one mailing address to be used by the Association for mailing of monthly statements, notices, demands, and all other communications, and such registered address shall be the only mailing address of the owner and member that shall be used by the Association. This registered address shall be furnished by the owner to the Board of Directors within five (5) days after transfer of title or after a change of address, and such registration shall be in written form and signed by all of the owners of the unit or by such persons as are authorized by law to represent the interest of the owners thereof. In the event that no registered mailing address is given to the Board of Directors, that mailing address as is used by City of South Burlington for their property tax list will be considered the proper mailing address for purposes of demands, assessments, monthly statements, notices and other communications as may from time to time be necessary. ARTICLE IV MEETING OF OWNERS Section 4.01. Place of Meeting. Meetings of owners shall be held at the principal office of the Association or at such other suitable place within Chittenden County reasonably conven- ient to the unit owners as may from time to time be designated by the Board of Directors. Section 4.02. Annual Meetings. The first annual meeting of the unit owners shall be held at such time as the Board of Directors shall determine, but in no event later than Thereafter, the annual meetings of the unit owners shall be held on the of each year. At such meeting there shall be elected by ballot of the unit owners a Board of Directors in accordance with the requirements of Article V of these By -Laws. The unit owners may also transact other business as may properly come before them. Section 4.03. Special Meetings. It shall be the duty of the President to call a special meeting of the owners as directed by resolution of the Board of Directors, or upon a petition signed by an aggregate percentage of 25% of the total votes of unit owners having been presented to the Secretary; provided, however, that except upon resolution of the Board of Directors, no special meeting of the unit owners shall be called prior to the first annual meeting of unit owners as hereinabove provided for. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at this special meeting except as specifically stated in the notice. Q.-. C- 2' ` JUL -11987 Section 4.04. Notice of Meetings. It shall be the duty of the Secretary to mail or otherwise. deliver a notice of each annual and special meeting of the Association, stating the purpose as well as the time and place where it is to be held, at least fifteen (15) days, but no more than thirty (30) days prior to that meeting. Notice by this method shall be considered as notice served and proof of such notice shall be made by the Affidavit of the person giving the notice. Attendance by the owner at any annual or special meeting shall be a waiver of notice by him of the time, place and purpose thereof. Notice of said annual or special meeting of the owners may also be waived by any owner either prior to or at such meeting. Section 4.05. Quorum. The presence, either in person or by proxy, of owners representing at least fifty percent (50%) of the total votes of the Association shall be requisite for and shall constitute a quorum for the transaction of business at all meetings of members. If parties cannot agree then the issue shall be submitted to binding arbitration; the arbitrator to be chosen by mutual consent. Section 4.06. Adjourned Meetings. If any meeting of unit owners cannot be organized because a quorum has not attended, the owners who are present, either in person or by proxy, may, except as otherwise provided by law, adjourn the meeting to a time not less than 48 hours from the time the original meeting was called. Section 4.07. Voting. At every meeting of unit owners, each of the unit owners shall have the right to cast the number of votes appurtenant to his unit as set forth in Exhibit E to the Declaration, and votes of the unit owners representing fifty one percent (51%) of the unit owners present and voting, in person or by proxy, shall decide any question brought before such meeting, unless the question is one upon which, by express provision of the Condominium Ownership Act, or the Declaration, or these By-laws, a different vote is required, in which case such express provisions shall govern and control. The vote for any condominium unit which is owned by more than one person may be exercised by any of them present at a meeting unless objec- tion or protest by any other owner of the same condominium unit is noted in writing or in person at such meeting. In the event these co -owners, who are present at the meeting, are unable to agree on the manner in which the vote shall be cast, then such vote shall not be counted for the purposes of deciding the question. In the case of a unit owned by a corporation, the corporation shall, in order to vote, cast a certificate with the Secretary or the Board of Directors designating the person who is authorized to vote. This certificate shall remain valid until revoked or superseded in writing. .tee C- 3 Lj``�~'""c� JUL -1 1987 Section 4.08. Proxies. A unit owner may appoint any member of his or her family, any other unit owner, his tenant, mortgagee, Declarant, Condominium Manager, or his attorney as his proxy. Any proxy must be in writing and must be filed with the Secretary in form approved by the Board of Directors at or before the appointed time of each meeting. Unless limited by its terms, any proxy shall continue until revoked by written notice of revocation filed with the Secretary or by the death of the unit owner. Section 4.09. Rules or Order and Procedures. The Rules of Order and all other matters of procedure and all annual and special meetings shall be determined by the Chairman of such meeting. ARTICLE V DIRECTORS Section 5.01. Number and Qualification. The affairs of the Association shall be governed by a Board of Directors composed of five (5) natural persons, who must be unit owners. Section 5.02. Initial Directors. The initial Directors shall be elected by the Declarant. The initial Directors are Section 5.03. Powers and Duties. The powers and duties for the Board of Directors shall be those that are necessary for the administration of the affairs of the Association and they may do all acts and things that are not by law or by these By- laws directed to be exercised and done by the owners themselves. They shall include, but not be limited to, the following: a. To provide for the care, upkeep and surveillance of the condominium, including building maintenance, snow removal, lawn care, road repairs, common area mainten- ance, and provision of services to units. b. Establishment, collection, use and expenditure of assessments, the creation of capital funds, the filing and enforcement of liens for delinquent payments thereof. C. Maintenance, repair, replacement and operating of the condominium property and the hiring, designation and dismissal of the personnel necessary for the same. d. Promulgation and enforcement of such rules and restrictions necessary for the use, occupancy and maintenance of the condominium as well as the common and limited common elements. C- 4 ` A T JUL - 11987 e. Authority to enter into.agreements whereby the Association acquires leaseholds, memberships and other possessory or other use interest in real or personal property for the purpose of promoting the enjoyment, recreation or welfare of the unit owners and to declare expenses incurred in connection therewith to the common expenses of the Association. f. To purchase insurance upon the condominium. g. To repair, restore or reconstruct all or any part of the condominium after casualty loss. h. To lease, grant licenses, easements, rights of way and other rights of use in all or any part of the common areas and facilities of the condominium. i. To purchase condominium units in the condominium and to lease, mortgage or convey the same. j. To enter into agreements and contracts to provide any of the above services or any other services necessary for the administration of the affairs of the Associa- tion. It shall be the responsibility of the Board of Directors to determine questions relating to the maintenance, repair and replacement of all common areas and facilities. There shall be no structural alterations, capital additions to, or capital improvements of the common areas and facilities requiring an expenditure in excess of $10,000.00 without thirty (30) days notice to all owners and unless, within the aforementioned thirty (30) day period, owners holding a majority of the total votes of the Association of owners shall give notice of disap- proval of such structural alteration, capital additions to or capital improvements of the common areas and facilities, the owners shall be deemed to have approved the same. It shall be the responsibility of the Board of Directors to maintain a separate account for a reserve fund. The purposes of the reserve fund will be to provide financial backing for major maintenance, repair and replacement in regard to the common area facilities of the project. The fund may not be terminated without an affirmative vote of seventy-five percent (75%) of the unit owners. The administration of the fund, however, shall be at the discretion of the Board of Directors and/or their agents. Section 5.04. Election and Termination of Office. The term of the Directors named herein, meaning those that were initially appointed by the Declarant, shall expire when their successors have been elected at the first annual meeting of unit owners and are duly qualified. There shall be no cumulative NN `` C- 5 JUL -11937 voting. At the first annual meeting of the unit owners, the term of the office of the Directors receiving the greatest number of votes shall be fixed for three (3) years. The term of office of the Director receiving the second greatest number of votes shall be fixed for two (2) years and the term of office of the other Director or Directors shall be fixed for one (1) year. At the expiration of the initial term of office of each respec- tive Director, his successors may be elected to serve a term of three (3) years. These terms may, by resolution duly made and adopted at the first annual meeting of the members or subsequent meetings of the members, resolve to fix the term for one (1) year. Directors thereafter shall hold office until their successors have been elected and hold their first regular meeting. No Directors may succeed him/herself after serving a three year term. Section 5.05. vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the membership shall be filled by vote of the majority of the remaining Directors, even though they may constitute less than a quorum; and each person so elected shall be a Director until a successor is elected by the unit owners at the next annual meeting to serve out the unexpired portion of the term. Section 5.06. Removal of Directors. At an annual meeting of the unit owners, or at any special meeting duly called for such purpose (but only at or after the first annual meeting of unit owners, as hereinabove provided for) any Director may be removed with or without cause by the affirmative vote of at least fifty percent (50%) of the votes of the unit owners present and voting in person or by proxy, and a successor may then and there be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the unit owners shall be given the opportunity to be heard at the meeting. The term of any Director who becomes more than sixty (60) days delinquent in payment of any assessment may be terminated by resolution of the remaining Directors and the remaining Direc- tors shall appoint his successor as provided herein. Section 5.07. Organization Meeting. The first meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such place as shall be fixed by the Direc- tors at the meeting at which such Directors were elected, and no additional notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, provided a majority of the whole Board of Directors shall be present at such first meeting. Section 5.08. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Direc- JUL -1 1937 tors, but at least one (1) such meeting shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, telephone or telegraph, at least seven (7) days prior to the day named for such meeting. Section 5.09. Special Meetings. Special meetings of the Board of Directors may by called by the President on seven (7) days notice of each Director, given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of at least one third of the Directors. Section 5.10. Waiver of Notice. Before, at or after any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board of Directors shall be a waiver of notice by him of the time, place and purpose thereof. If all the Directors are present at any meeting of the Board of Directors, no notice shall be required and any business may be transacted at such meeting. Section 5.11. ouorum. At all meetings of the Board of Directors a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at any meeting at which a quorum is present shall be the acts of the Board of Directors. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice. Section 5.12. Action Without Meeting. Any action of the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all the members of the Board of Directors shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board of Directors. ARTICLE VI OFFICERS Section 6.01. Designation. The principal officers of the Council of Unit Owners shall be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of Directors. The officers need not be unit owners. The C- 7 F T JUL -1 1987 offices of Secretary and Treasurer may be filled by the same person. Section 6.02. Election of Officers. The officers shall be elected annually by the Board of Directors as the organization meeting of each new Board and shall hold office at the pleasure of the Board of Directors. Section 6.03. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed either with our without cause, and his successor elected at any regular meeting of the Board of Direc- tors, or at any special meeting of the Board of Directors called for such purpose. Section 6.04. President. The President shall be the chief executive officer of the Association. He or she shall preside at all meetings of the unit owners and of the Board of Direc- tors. The President shall have all of the general powers and duties which are usually vested in the office of the president of a corporation, including, but not limited to, the power to appoint such committees from among the unit owners from time to time as he or she may, in his or her discretion, decide are appropriate to assist in the conduct of the affairs of the Association. Section 6.05. Vice President. The Vice President shall take the place of the President and perform his or her duties whenever the President shall be absent or unable to act. The Vice President shall also assist the President generally and shall perform such other duties as shall from time to time be delegated to him or her by the Board of Directors. Section 6.06. Secretary. The Secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the unit owners for the recording of the resolutions of the Association. The Secretary shall give notice of all annual and special meetings of the unit owners in conformity with the requirements of these By-laws. The Secre- tary shall have charge of the membership transfer books and of such other books and papers as the Board of Directors may direct and he or she shall, in general, perform all the duties incident to the office of Secretary. Section 6.07. Treasurer. The Treasurer shall have responsibility for funds and securities of the Association and shall be responsible for keeping, or causing to be kept, full and accurate accounts of all receipts and disbursements in books. He or she shall be responsible for causing the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositaries as may from time to time be designated by the Board of Directors. C-8 LO V� F� JUL -11987 ARTICLE VII LIABILITY AND INDEMNIFICATION OF OFFICERS AND DIRECTORS Section 7.01. Liability and Indemnification of Officers and Directors. The Association shall indemnify every officer and Director against any and all expenses, including counsel fees, reasonably incurred by or imposed upon any officer of Director in connection with any action, suit, or other proceed- ing (including the settlement of any such suit or proceeding if approved by the then Board of Directors) to which he may be made a party by reason of being or having been an officer or Direc- tor, whether or not such person is an officer or Director at the time such expenses are incurred. The officers and Directors shall not be liable to the unit owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The officers and Directors of the Association shall have no personal liability with respect to any contract or other personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association or the condominium (except to the extent that such officers of Directors may also be owners of condominium units) and the Association shall indemnify and forever hold such officer and Director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall be in addition to and not exclusive of any other rights to which any officer or Director, or former officer may be entitled. Section 7.02. Common or Interested Directors. No contract or other transaction between the Association and one or more of its Directors, or between the Association and any corporation, form or association (including the Declarant) in which one or more of the Directors are directors or officers or are pecuniar- ily or otherwise interested, is either void or voidable because such Director or Directors are present at the meeting of the Board of Directors or any committee thereof which authorizes or approves the contract or transaction, or because his or their votes are counted for such purpose, if the fact of the common directors or interest is disclosed or known to the Board of Directors or a majority thereof or noted in the minutes, and the Board of Directors authorizes, approves or ratifies such contract or transaction by a vote sufficient for the purpose. Common or interested Directors may be counted in determin- ing the presence of a quorum of any meeting of the Board of Directors or committee thereof which authorizes, approves, or ratifies any contract or transaction, and may vote to authorize any contract or transaction with like force and effect as if he were not such director or officer of such other corporation or not so interested. C- 9 JUL -1 1987 ARTICLE VIII ASSESSMENTS AND CARRYING CHARGES FOR COMMON EXPENSES Section 8.01. Common Assessments and Carrying Charges. Each unit owner shall be responsible to pay to the Association, in advance, a monthly sum (herein elsewhere sometimes referred to as "common assessments") equal to one twelfth (1/12) of the unit owner's proportionate share, (determined in accordance with the percentage interests in common expenses of the condominium set forth on "EXHIBIT E" attached to the Declaration; the Declarant shall be responsible for the shares of units unoccu- pied or incomplete until said units are sold or as otherwise established in the Declaration) of the sum estimated by the Board of Directors to meeting annual expenses of the Associa- tion, including, but in no way limited to the following: a. The cost of all operating expenses of the condominium and services furnished, and maintenance of all common and limited common elements. b. The cost of necessary management and administration, including fees paid to any Manager. C. The amount of all taxes and assessments levied against the Association or upon any property which it may own or which it is otherwise required to pay, if any. d. The cost of fire and extended liability insurance on the project and the cost of such other insurance as the Association may effect. e. The cost of furnishing heat, water, sewer, garbage and trash collection and electricity; except the Restaur- ant Unit shall pay for its own garbage and trash collection and electricity. f. The cost of funding contributions to a general operat- ing reserve and a reserve for replacements, which shall be included in each budget established. g. The estimated cost of repairs, maintenance and replacements of the common elements of the condomi- nium. Section 8.03. Determination of Assessments. The Board of Directors shall determine the amount of the common assessments (herein elsewhere sometimes referred to as "Assessments") at least annually, but may do so at more frequent intervals should circumstances so require. Installments of Assessments may be C-10 nu. A\ 91 V4 " F- JUL -1 1987 levied and collected on a quarterly basis as hereinabove provided for, by vote of the Board of Directors. The Board of Directors of the Association shall make reasonable efforts to fix the amount of the Assessments against each condominium unit for each annual Assessment period at least thirty (30) days in advance of the commencement of such period. Written notice of the Assessments shall thereupon be sent to the unit owners. The omission of the Board of Directors, before the expiration of any annual Assessment period, to fix Assessments for that or the next such period shall not be deemed a waiver or modification in any respect of the provisions of this Article, or a release of any unit owner from the obligation to pay the Assessments or any installment thereof, for that or any subse- quent Assessment period; but the Assessments fixed for the preceding period shall continue until new Assessments are fixed. No unit owner may exempt himself from liability for Assessments or carrying charges by a waiver of the use or enjoyment of any of the common elements or by abandonment of any condominium unit belonging to him. Section 8.04. Special Assessments. In addition to the regular Assessments authorized by this Article, the Association may levy in any Assessment year a special Assessment or Assess- ments, applicable to that year only, for the purpose of defray- ing, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement located upon the condominium, including the necessary fixtures and personal property related thereto, or for such other purpose as the Board of Directors may consider appropriate; provided, however, that any such special Assessment shall have the assent of the unit owners representing fifty one percent (51%) of the total votes of the unit owners. A special meeting of the unit owners shall be duly called for this purpose. Section 8.05. Non -Payment of Assessments/ Statement of condominium Lien. Any Assessment levied pursuant to the Declaration or these By-laws and any installment thereof, which is not paid on the date when due or within thirty (30) days from the date the statement is sent, shall be delinquent and shall entitle the Association to claim the amount of such Assessment, together with interest thereon and the actual costs of collec- tion thereof, as a lien on the condominium unit, which lien, in a form satisfactory to the Treasurer, may be filed in the Land Records of the City of South Burlington, against which it is assessed. The lien shall be signed and verified by any officer of the Association, or by any agent, attorney or other person duly authorized by the Board of Directors for such purposes. C-11 JUL -11987 Upon recordation, the lien shall encumber the condominium unit in the hands of the unit owner, his heirs and assigns. The personal obligation and a suit to recover a money judgment for non-payment of any Assessment levied pursuant to the Declaration or these By-laws, or any installment thereof, may be maintained without foreclosing or waiving the lien established to secure payment of such Assessment. Upon full payment of the amount of which the lien is claimed, the unit owner shall be entitled to a recordable notice of satisfaction of the lien. Any Assessment levied pursuant to the Declaration or these By-laws, and any installment thereof, which is not paid when due may, upon resolution of the Board of Directors, bring an action at law against the unit owner personally obligated to pay the same or may foreclose the lien against the condominium unit or units then belonging to said unit owner; in either of which events interest at the rate of twelve percent (12%) per annum, actual costs of collection and reasonable attorney's fees of not less than twenty-five percent (25%) of the sum claimed shall be added to the amount of each Assessment. Suit for any deficiency following foreclosure may be maintained in the same proceeding. In the event that a foreclosure proceeding is brought, to enforce a lien, the owner of such condominium unit or units, upon resolution of the Board of Directors, may be required to pay a reasonable rental for such unit or units and the Associa- tion shall be entitled to the appointment of a receiver to collect the same. The lien established by the recordation shall be subordi- nate to the liens as enumerated in the Act, except for claims for a proportionate share of such unpaid Assessments resulting from a reallocation of such unpaid Assessments among all of the condominium units in the condominium. Such foreclosure, deed, assignment or other proceeding or arrangement in lieu of foreclosure shall not relieve the mortgagee in possession or the purchaser at any foreclosure sale from any liability for any Assessments thereafter becoming due, or from the lien with respect to any Assessments thereafter becoming due. Section 8.06. Assessment Certificates. The Association shall, upon demand at any time, furnish to any unit owner (or any other party legitimately interested in the same) a certifi- cate in writing signed by an officer or agent of the Association setting forth the status of any Assessment, i.e., whether the same is paid or unpaid. Such certificate shall be conclusive evidence of the payment of any installment therein stated to have been paid. E� C-12 JUL -1 1987 ARTICLE IX USE RESTRICTIONS Section 9.01. Permitted Uses of Residential Units. Each Residential Unit shall be used solely for residential purposes and no trade or business of any kind may be carried on therein (the lease or rental of Residential Unit for residential purposes shall not be considered to be carrying on of a trade of business). Section 9.02. Restrictions on Use of Units; Rules and Regulations. A. Prohibited Uses and Nuisances - Except for the activi- ties of the Declarant and its agents in connection with the construction of the condominium, and except as may be reasonable and necessary in connection with the maintenance, improvement, repair or reconstruction of any portion of the condominium by the Declarant or the Association, each Unit and the Common Elements shall be occupied and used as follows: 1. Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Condominium or any part thereof. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Condominium or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste shall be committed in the Common Elements. 2. No immoral, improper, offensive or unlawful use shall be made of the Condominium or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental laws, orders, rules, regulations or requirements of any govern- mental agency having jurisdiction thereover relating to any portion of the Condominium shall be complied with, by and at the sole expense of the Unit Owner or the Board of Directors, which- ever shall have the obligation to maintain or repair such portion of the condominium, and, if the latter, then the cost of such compliance shall be a Common Expense. 3. No Unit Owner shall obstruct any of the Common Elements nor shall any Unit Owner store anything upon any of the Common Elements. Vehicular parking upon the Common Elements is prohibited C-13 F T D r JUi - j t� except in designated areas. Nothing shall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors. 4. The Common Elements shall be used only for the furnishing of the services and facilities for which the same are reasonably suited and which are incident to the use and occupancy of the Units. 5. No Unit owner shall lease a Unit other than on a written form of lease requiring the lessee to comply with the Declaration, the Bylaws and the Association's Regulations, and providing that failure to comply constitutes a default under the lease. Each Unit owner shall, promptly following the execution of any such lease, forward a conformed copy thereof to the Board of Directors. The foregoing provisions of this subparagraph shall not apply to the Declarant. 6. Trailers, campers, recreational vehicles or boats may not be parked on the Common or Limited Common Areas. 7. The maintenance, keeping, boarding and/or raising of animals, or pets of any kind, regardless of number, shall be and is prohibited within any Unit or upon the Common Elements. 8. Except for such signs as may be posted by the Declarant for promotional or marketing or directional purposes, no signs of any character shall be erected, posted or displayed upon, in, from or about any Residential Unit or Common Elements. 9. Open burning on any portion of the Property is prohibited. Throwing garbage or trash outside the disposal installations provided for such purposes in the service areas is prohibited. 10. No outside television or radio aerial or antenna, or other aerial or antenna, for reception or transmission, shall be maintained upon any condominium unit or upon any of the common areas without the prior written consent of the Board of Directors. 11. No clothes or other materials can be hung or shaken from windows, placed in windowsills or C-14 r-M) D JUL -1 1151i draped from a balcony, railing, or fence, or left or placed in such a way as to be exposed to view from outside the Unit. 12. No noxious or offensive activity of any nature shall be carried on in any Unit or upon the Common or Limited Common Areas, nor shall anything be done thereon or permitted to be done thereon, which shall be an annoyance or a nuisance to the neighboring Units, provided that nothing shall restrict the use of the Parking Unit for parking uses, the Restaurant Unit for customary Restaurant and bar uses, the retail or office for customary reasonable retail or office uses. 13. Each Unit and the Common Elements shall be occupied and used in compliance with the Bylaws and with any Rules and Regulations which may be promulgated and amended by the Board of Direc- tors, including regulations as to noise. Copies of the Rules and Regulations shall be furnished by the Board of Directors to each Unit owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be furnished to each Unit Owner upon request. 14. The Association is bound by the conditions of permits amendments thereto, the conditions of which permit run with the land, including: (a) Land Use Permit No. including the following conditions: ARTICLE X FISCAL MANAGEMENT Section 10.01. Fiscal Year. The fiscal year of the Association shall begin on the first day of January every year, except for the first fiscal year which shall begin on the date of recordation of the Declaration. Section 10.02. Books and Accounts. Books and accounts of the Association shall be kept under the direction of the Treas- urer with the Board of Directors being responsible to assure the C-15 FT JUL -119�1 Section 10.03. Inspection of Books. The books and accounts of the Association vouchers accrediting the entries made thereupon and all other records shall be available for examination by the unit owners and their duly authorized agents or attorneys, during normal business hours and for purposes reasonably related to their respective interest and after reasonable notice. Section 10.04. Execution of Corporation Documents and Payment Vouchers. With the prior authorization of the Board of Directors, all notes and contracts shall be executed on behalf of the Association by either the President or a Vice President, and all checks shall be executed on behalf of the Association by such officers, agents or other persons as are from time to time so authorized by the Board of Directors. ARTICLE XI PHYSICAL MANAGEMENT Section 11.01. Management and Common Expenses. The Association, acting by and through its Board of Directors, shall manage, operate and maintain the condominium and, for the benefit of the condominium units and the unit owners, shall enforce the provisions hereof and shall pay out of the common funds herein elsewhere provided for the cost of managing, operating and maintaining the condominium. Section 11.02. Management Agent. The Association may by contract in writing delegate any of its ministerial duties, powers or functions to a Management Agent. Section 11.03. Management Contracts. The Association may enter into a management contract for the management of Associa- tion property as is deemed appropriate by the Board of Direc- tors. Section 11.04. Association as Attorney -in -Fact. The Association is hereby irrevocably appointed as attorney -in -fact for the owners of all of the condominium units in the condomi- nium, and for each of them, to manage, control and deal with the interests of such unit owners in the common areas of the condominium. The foregoing shall be deemed to be a power of attorney coupled with an interest and the acceptance by any person or entity of any interest in any condominium unit shall constitute an irrevocable appointment of the Association as attorney -in -fact as aforesaid. Section 11.05. Duty to Maintain. Except for maintenance requirements herein imposed by the Association, the owner of any condominium until shall, at his own expense, maintain the C-16�""t3 T J U L -1 1.087 interior of his condominium unit and any and all equipment, appliances or fixtures therein situate, in good order, condition and repair, and in a clean and sanitary condition, and shall do all redecorating, painting and the like which may at any time be necessary to maintain the good appearance of the condominium unit. Except as provided in the Declaration or in the By-laws, in addition to the foregoing, the owner of any condominium unit shall, at his own expense, maintain, repair, replace any plumbing and electrical fixtures, fireplaces, lighting fixtures, refrigerators, dishwashers, disposals, ranges, range hoods, and other equipment that may be in or declared to be appurtenant to such condominium unit. The owner of any condominium unit shall also, at his own expense, keep any limited common element which may be appurtenant to such condominium unit and reserved for his exclusive use in a clean, orderly and sanitary condition. Section 11.06. Authority to Grant Easements, Etc. The Association through its Board of Directors is authorized and empowered to grant such easements, licenses and rights of way for sewer lines, waterlines, electrical cables, telephone cables, gas lines, storm drains, overhead or underground conduits and other such purposes related to the condominium as may be considered appropriate by the Directors. ARTICLE XII AMENDMENT Section 12.01. Amendments. These By-laws may be amended by the affirmative vote of unit owner-3 representing sixty-six percent (66%) of the total votes of the Association, at any special or annual meeting of the unit owners duly called for such purpose, in accordance with the provisions and requirements of these By-laws. Any amendment to these By-laws shall be effective only upon the recordation of such amendments together with a certificate in writing of the President or Secretary stating that the amendment was properly approved as aforesaid. Section 12.02. Proposal of Amendments. Amendments to these By-laws may be proposed by the Board of Directors or by petition signed by unit owners representing at least twenty-five percent (25%) of the total votes, which petition shall be delivered to the Secretary. A description of any proposed amendment shall accompany the notice of any annual or special meeting of the unit owners at which such proposed amendment is to be considered and voted upon. C-17 JU.! - 119$J ARTICLE XIII COMPLIANCE - INTERPRETATION - MISCELLANEOUS Section 13.01. Compliance. These By-laws are set forth in compliance with the requirements of Title 27, Section 1319, Vermont Statutes Annotated (1975). Section 13.02. Conflict. These By-laws are subordinate and subject to all provisions of the Declaration, and to the Provisions of Title 27, Chapter 15, Vermont Statutes Annotated (1975). All of the terms hereof, except where clearly repugnant to the context, shall have the same meaning as in the Declara- tion or the aforesaid statute. In the event of any conflict between these By-laws and the Declaration, the provisions of the Declaration shall control; and in the event of any conflict between the aforesaid Declaration and the statute, the provi- sions of the statutes shall control. Section 13.03. Severability. In the event any provision or provisions of these By-laws shall be determined to be invalid, void or unenforceable, such determination shall not render invalid, void or unenforceable any other provisions hereof which can be given effect. Section 13.04. Waiver. No restriction, condition, obliga- tion or provisions of these By-laws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same. Section 13.05. Captions. The captions contained in these By-laws are for convenience only and are not a part of these By- laws and are not intended in any way to limit or enlarge the terms and provisions of these By-laws. Section 13.06. Gender. Whenever in these By-laws the context so requires, the singular number shall include the plural and the converse; and the use of any gender shall be deemed to include all genders. DATED at , Vermont this day of . 1987. WITNESSES William R. Shearer C-18 �, `�-'T? D ei FT JUL - 1 1987 EXHIBIT D Plans of the Layout of Each Unit [To Be Added] R. JUL -1 1287 EXHIBIT E Voting, Common Interest Ownership and Assessment Percentage Common Interest Unit No. Ownership and Assessment 1 A. House % 2-13 B. Units without Garage % 14-37 C. Units with Detached Garage % 38-53 D. Units with Basement Garage % R, F T JUL -1 1937 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: July 8, 1986 agenda items Date: July 2, 1986 3) SUMMER WOODS, PATCHEN ROAD PLAN DATED JUNE 1986 1. Development should include a sidewalk to Patchen Road. 2. Units 36 to 52 should include a grass strip between each other at least 10 feet wide for place to store snow. 3. Streets shall include concrete curbs. 4. Water main should be at last 20 feet away from any building especially on this site where wet ground conditions are expected. 4) GIGURE SUBDIVISION, AIRPORT PARKWAY 1. Street detention should.include a curve not a sharp bend. 2. Lot size should not include area designated for road. 3. Large delivery vehicles will have difficulty turning around in this street. 4. The dead end of Kirby Road and the dead end of Airport Drive can be tied together. When that happens this road can be extended and tied into that connection and become a City street. Therefore the street area should not be part of the lot size as shown and street should be built to City standards. 5) R.D.R. ENTERPRISES, INC., LOT NO. 1, KIMBALL AVENUE 1. Road guard rail shall continue along radius of entrance drive. 2. There is a drainage swale on site draining part of the land to the west. Plan is not clear as to how this drainage is taken care of. 3. Site shall include drainage runoff control. 6) BUSINESS SYSTEMS OF VERMONT EXPANSION, JOY DRIVE 1. A drop inlet should be installed in parking lot opposite the one on Joy Drive and piped into it to intercept a large portion of the site runoff. 2. Depressed concrete curbs shall be installed across new entrance and at widening of existing entrance. 1 c �1 PLANNING COMMISSION 18 MARCH 1986 PAGE 5 quest in conjunction with the Grand Union parcel. She said they would insist on redesign of the Grand Union parking lot. The major ingress would be on Williston Rd, and the applicant has a right-of-way from Midas Muffler. Egress could be onto Hinesburg Rd. Mrs. Maher noted the Williston Rd. curb cut is not lined up with White St. Mrs. Lafleur noted that the road would at some point connect to Corporate Circle. This use might also result in the need for a traffic light at that intersection. Mr. Dooley said he would like to see access from Hinesburg Rd. only. Mr. Karol felt that would result in a significant loss of business. Mr. Dooley noted the traffic situation is very bad, and felt the 2 traffic signals would be too close together. Mr. Karol said the most traffic in the area is generated at the noon hour, and they would not add to that traffic. Mr. Burgess said it's also awful in the morning and horrendous at 5 pm. Mr. Spitz said their traffic study will look at 3 locations: the signalized intersection, the entrance to Grand Union, and White St. Mr. Jacob said they should also look at the problem of left -turning traffic at White Street. Mr. Spitz felt the 2 traffic signals could work. Mr. Karol said they would do their best with signage to see that people exited onto Hinesburg Rd. They might also angle parking so that cars were already heading that way. Mrs. Maher said they would have to go a long way to convince her it was safe. Mrs. Hurd said she did not want any ingress/egress on Wil- liston Rd. or Hinesburg Rd., and didn't feel anything in that location was acceptable until it could be connected to Cor- porate Way. Mr. Burgess raised the question of the legality of combining with a lot that is already developed. Mr. Belter said he would like to know what effect the use would have on Al's and Midas. Mrs. Peacock said she thought access on Williston Rd. would be a disaster. Mrs. Hurd said any plan would have to include circulation on the bank lot as well. Mrs. Lafleur said she would check with the City Attorney on the legality question and would notify the applicant prior to Preliminary Plat. 7. Consider sketch plan application of William Shearer for a PUD consisting of 56 units with detached garages and one existing unit on 15.5 acres located west of 159 and 173 Patchen Rd. Mr. Jacob noted a similar plan had been before the Commission PLANNING COMMISSION 18 MARCH 1986 PAGE 6 under different ownership. The problem then was access. Mrs. Lafleur said this applicant is proposing a new access. Mr. Spitz said the new plan will involve removing a garage on the Stebbins property. The applicant has options on both the Stebbins and Barber properties. Mrs. Maher felt the remain- ing house was too close to the proposed road. Mr. Spitz said they could change the access to the south and have considered this very seriously. Mrs. Maher said she would like to see a plan including adjacent properties and all contours. Mr. Spitz said there is a stream that starts at the Stebbins pro- perty and heads north. A drainageway also heads north. The applicant is considering building into the hill to make use of the property. It is a very treed site. A future connection is possible to the Munson property. Mrs. Hurd asked about the requirement for 2 entrances for over 50 units. Mrs. Maher noted that future connections don't count. Mr. Spitz said they could ask to build only 50 until the second access is opened. The relocated entrance would be a private street. Mr. Shearer noted it might not be feasible to remove the house. Mrs. Lafleur explained the density calculation and said they are allowed 48-62 units and are proposing 57. The adjacent Munson property is also R-4. Members agreed they would like to view the property in about a month when it has dried sufficiently. Mr. Audette has recommended lining up the entrance with Richard Terrace or moving it farther from Richard Terrace. Mrs. Brill, a neighbor, said she has a problem with the access as she felt her family's safety was being compromised. She is also concerned with the pedestrian walkway which could be turned into a motorized way. She felt she would be sur- rounded by roads. Mr. Alexander of the Melna Co., also a neighbor, was concerned because their insurance company in- dicated their rates would increase because of the development. He added that there is a lot of traffic on the road already. Mr. Jacob agreed a traffic count would be in order. Mrs. Maher felt the sidewalk should go along the ingress/egress, not along the Brill/Melna properties. Mrs. Lafleur said the Fire Chief has asked that the road be 30' wide. Members were split on this issue. Mr. Dooley was concerned about which open space was useable for recreation. Mr. Shearer said they are not proposing active recreation, but using the area as a buffer between the Interstate and the development. M E M O R A N D U M 2) SUMMER WOODS, PATCHEN ROAD 1. Sewer and water lines shall be at least 10 feet from any building. 2. The end turnaround is to small for a passenger car to turnaround and impossible for a large truck. 3. The four car garage off the turnaround is to close to the road. It should be setback at least a car's length. 4. I would recommend a curve (rather than 90 degrees) in the road where it will be extended to the Munson property. 5. It should be made clear to home buyers thatthe street will be extended to the Munson property and not remain a dead end. 6. Parking spaces off a street will create snow plowing problems. 7. Flow tests shall be taken to determine if there is sufficient water for fire protection for the planned density. 3) 10 FARRELL STREET (DAVIS COMPANY) FARRELL-SWIFT STREET 1. Entire site shall drain toward Potash Brook to the north. 4) DOLLAR RENT -A -CAR, WILLISTON ROAD 1. Site shall be graded so as not to drain toward the property to the west. 5) M & M PARTNERSHIP (ARNOLD MAREK), SWIFT STREET 1. Access drive should be at least 5 feet away from a property line to prevent snow plowing on to adjacent property. 5 L i 1 LJ . J U C 1 1 i l L.+ 1 I U L 1. L: hydrants. 1 7) SHEARER, 57 UNIT PUD, PATCHF.N ROAD William and Jeffrey Shearer propose a 57 unit planned unit development (56 proposed plus one existing dwelling) on Patchen Road, just north of the City Park land. The two parcels of land that are combined for this development are owned by the Barbers and the Stebbins. The property is zoned R4 and consists of 15.5 acres. (A survey will be required since our records show the parcel at 12 acres in size and 5 acres of questionable building potential.) Density: The 15.5 acres allow a maximum densit-v of' 62 units. The base density is established after subtracting steen slopes and CO area and 15% for streets. /`(15.5 acres minus approximately 1.4 acres CO land along the minor brook minus 15% (2.1) = 12 acres r. 4 units Per acre) The resulting base density is 48 units. Therefore the proposed 57 units fall between the 48 unit base and the 62 unit maximum. These numbers do not include deduction of the steep slopes. Lavout: The development is served by one 24 foot wide road from Patchen Road that passes several feet from the existing house on the Stebbins property. (See Bill's memo regarding this road.) A future connection to the Munson property to the north is proposed. There are four 3-unit buildings and eleven 4-unit buildings and 8 detached garage buildings. The minimum PUD setback of 50 feet is maintained around the perimeter. Fire Access: Fire Chief Goddette has several concerns regarding the locations of the structures and fire equipment accessihility. The 24 foot wide private roads do not meet ROCA standards. Parking: 55 parking spaces are provided and 56 in garages for a total of 111. A 57 unit PUD requires 124 spaces to meet the required number of guests spaces. Open Space: Part of the land to the far west of the development is left open for recreational use only. It is on the far side of a steep slope at the top of a bank and does not appear to be easily accessible. Other: Bruce O'Neill has reviewed these plans briefly and alerts the Commission to the proximity of Jaycee Park, lighted ball fields and night-time use until 11 PM. Careful site planning, screening and bui�ling orientation can alleviate conflicts. The e park facilitis s zld be shown on the plan t( esolve anv poten- tial. conflicts. See Bill Szymanski's comments. 8) SCHNEEHAGEN, CARPET SALES, 1234 WILLISTON ROAD Rick Schneehagen proposes to use 1800 square feet in the rear of the existing Zachary Pizza building for a carpet sales store. It will be next to the Bow and Arrow shop. The Zoning Board granted another multiple use permit for this use. Parking: There are 58 existing parking spaces. The restaurant requires 54; the archery shop requires 14 and this use requires 7 for a total of 75. Agreements with Merrill Jarvis are evidentiv available for overflow parking. Access and Circulation will not be changed. Landscaping: The applicant proposes $90 worth of landscaping. He has not defined the location. The front island on Williston Road could use some large 4 inch caliper trees esnecially since lot coverage is excessive. Lot coverage will not change from the 91.3% that exists. Traffic: The applicant claims this use, combined with the Archery Shop, produces no more traffic than Valenti's printer that was formerly located here. The estimated dail- traffic is 2-10 cars from this new use. The traffic Overlay Zone allows 34 trips during the peak hour. The restaurant produces an estimated 55 trips and Archery Shop produces an estimated 10 trips for a total of 65. The present uses exceed the Overlav Zone. If the 10 trips projected by this use occur in the peak hour, there will be 75 trips during the peak or an excess of 41 trips more than the Overlay Zone allows. Mr. Schneeqhagen will respond to these traffic figures. 8) MILOT, 60 FOOT EASEMENT Jerry Milot requests the removal of a 60 foot easement located at the rear of the parcels on Spear Street abutting Overlook at Spear. The 60 foot easement was reserved by the Planning Commis- sion to provide future access to the Nowland Property and possib- ly to provide part of the extension of Holmes Poad. (Please see enclosed minutes and easement description). It is clear from the motion of approval that this 60 foot ease- ment be removed if an alternative access is found to the Cite 4 July 17, 1986 William Schearer P.O. Box 666 Burlington, Vermont 05401 Re: Shearer, Summer Woods, Patchen Road Dear Bill: Enclosed are the minutes of the July 8, 1986 Planning Commission meeting. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: Scott & Barbara Stebbins Bob Krebs David Spitz No Text 7/7/86 MOTION OF APPROVAL JBL That the South Burlington Planning Commission approve the preliminary plat of William Shearer for a 52 unit planned unit development plus one existing unit on 15.5 acres owned by Barber and Stebbins as depicted on a plan entitled "Summer Woods, Patchen Road, South Burlington, Vermont" prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1986, last revised 7/3/86 with the following stipulations: 1. Sewer and water lines shall be at least 10 feet from any building. 2. Flow tests shall be taken to determine if there is sufficient water for fire protection for the proposed density. 3. Only units can be constructed until a second access is constructed. 4. A landscaped buffer between the buildings #36-52 and the W parking areas shall be maintained and shown on the final plat. 5. The Planning Commission agrees to waive the 50 foot setback for the garage between building #32-35 and 26-28. ve(o4., 6. A snow fence shall be installed at the top of the bank during the entire construction period. 7. A detailed landscaping plan shall be submitted for final plat. 8. Road maintenance waivers, articles of association, condo - by -laws and pedestrian easements shall be submitted to the City Attorney for approval prior to final plat. Y 9. Streets shall include concrete curbs and a sidewalk to Patchen Road. �A 1Pf.1� ' 10. A traffic study shall be submitted prior to final plat evaluating the White Street/Patchen Road intersection as well as the entrance of the project. 11. Bonds for landscaping, roads, sewer and water shall be (� posted prior to permit. 12. A sewer allocation of 23,400 gallons per day is made in accordance with the South Burlington Sewer Policy. There are 10,500 gallons available. The remainder is placed on the waiting list until capacity is available. Any portion of this amount that comes from the expanded Airport Parkway Plant shall be assessed the $2.50 per gallon fee. 13. The Final Plat shall be submitted within 12 months or this approval is null and void. I�, Roy 7/7/86 MOTION OF APPROVAL JBL That the South Burlington Planning Commission approve the preliminary plat of William Shearer for a 52 unit planned unit development plus one existing unit on 15.5 acres owned by Barber and Stebbins as depicted on a plan entitled "Summer Woods, Patchen Road, South Burlington, Vermont" prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1986, last revised 7/3/86 with the following stipulations: 1. Sewer and water lines shall be at least 10 feet from any building. 2. Flow tests shall be taken to determine if there is sufficient water for fire protection for the proposed density. 3. Only 50 units can be constructed until a second access is constructed. 4. A landscaped buffer between the buildings #36-52 and the parking areas shall be maintained and shown on the final plat. 5. The Planning Commission agrees to waive the 50 foot setback for the garage between building #32-35 and 26-28. 6. A snow fence shall be installed at the top of the bank during the entire construction period. 7. A detailed landscaping plan shall be submitted for final plat. 8. Road maintenance waivers, articles of association, condo - by -laws and pedestrian easements shall be submitted to the City Attorney for approval prior to final plat. 9. Streets shall include concrete curbs and a sidewalk to Patchen Road. 10. A traffic study shall be submitted prior to final plat evaluating the White Street/Patchen Road intersection as well as the entrance of the project. 11. Bonds for landscaping, roads, sewer and water shall be posted prior to permit. 12. A sewer allocation of 23,400 gallons per day is made in accordance with the South Burlington Sewer Policy. There are 10,500 gallons available. The remainder is placed on the waiting list until capacity is available. Any portion of this amount that comes from the expanded Airport Parkway Plant shall be assessed the $2.50 per gallon fee. 13. The Final Plat shall be submitted within 12 months or this approval is null and void. 1 MEMORANDUM To: South Burlington Planning Commission From: Jane B. Lafleur, City Planner Re: July 8, 1986 Agenda items Date: July 2, 1986 2) LASH, 1515 SHELBURNE ROAD Mr. Lash's application was tabled by the Commission pending lot coverage information, landscaping and a resolution of the proper- ty boundary. In the meantime, a 20 foot water easement was discovered in the area of the proposed addition. Property boundary: Mr. Lash had the property boundary line confirmed by Ken Pinkham. It concurs with the line indicated by Mr. Pomerleau and cuts through the existing building. The addi- tion will be built on the 50 foot wide strip that will be pur- chased by Mr. Lash from Mr. Pomerleau. Evidently there is no longer a boundary dispute since both agree on the original line. Lot coverage: The plans have been revised showing additional landscaping in the front of the building to keep the site at 70% coverage. Landscaping: A $3000 plan is required. The plan meets this requirement. Water Easement: The water line is shown on the plans as five feet from the new addition. The addition was slightly reduce in size to maintain a five foot setback from the line. This arrangement will be considered by the Water Commission on Wednesday, July 9. (See letter from Water Dept.) The Planning Commission should stipulate that Water Department approval is required prior to permit. 3), SHEARER; SUMMER WOODS, PATCHEN ROAD Mr. Shearer has revised the plans to show 52 units (plus one existing) rather than 56 (plus one existing). The four units near the cul de sac are removed. The cul de sac is improved. One perimeter variance for a garage at 44 feet remains near the Melna Concrete property. The sidewalk around the Brill property has been removed. Level of service calculations for White Street/Patchen Road should be provided by Final Plat application since this inter- section must be at level of Service C. The study should include an evaluation of the need for a traffic signal. 1 *viitil 13urlington -Yire Department 575 Dorset *treet *nut4 Burlington, Vermont 115401 MEMORANDUM ---------------- TO: So. Burlington Planning Commission From; Chief James W. Goddette Sr. Re; July 8-1986Agenda Items Date; .July 1,1986 t 1 OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863-6455 #1. Alan & Julie Gigure Airport Pkway 4-Lot Subdivision Plans Reviewed and the following in needed for the fire department, A. At least one hydrant installed at Airport Pkway and the private road. B. The private road to be no less then 30 Ft. wide. #2. Kimball Avenue Lot #1. Mr. Alan Palmer Plans reviewed and at this time I do not see a problem with this project. #3. Project # 85148 Shearer Patchen Road Summer Woods The following will be required for the fire dept. A. two hydrants put back in which was left out. final should show a total of three hydrants. B. road around the two garages should have a radius for equipment to get in as approved at a meetinv with Mr. Spitz and Jane. �J is-i� July 2, 1986 William Shearer P.O. Box 666 Burlington, Vermont 05401 REs Summer Woods, Patchen Road Dear Bills Enclosed are the minutes of the June 24, 1986 Planning Commission meeting. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encl cc: David Spitz Bob Krebs Scott & Barbara Stebbins July 2, 1986 William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Summer Woods, Patchen Road Dear Bill: Enclosed are the agenda and my memo to the Planning Commission. Also enclosed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on July 8, 1986 to represent your application. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: David Spitz Bob Krebs Scott & Barbara Stebbins 0.4- ------- - -------- iju, - ------- -- � � `_ 1� �� M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: March 18, 1986 agenda items Date; March 14, 1986 5) HARRY R. GIGURE, 2 LOT SUBDIVISION, AIRPORT PARKWAY The 1,574 Square foot parcel located across Airport Parkway is too small to be of any value to Mr. Gigure plus it is a drainage - way. The City has possession of land to the west of this parcel most of which is a drainageway. See attached sketch. The City ownership of this small parcel would allow access to the drainage - way for cleaning and dredging, however, if Mr. Gigure feels strongly for retaining ownership, I would not pursue the issue. 6) K.W. VENTURES MOTEL, WILLISTON ROAD 1. There exists a drainageway along the southerly boundary of this property. This drainageway has a large watershed area including a portion of Williston Road. The proposed parking lot may be within the 50 foot stream setback and should not be. 2. There should be a buffer strip (5 feet minimum) between the drive connecting the property to the east (Grand Union) and the property to the north-east (Bolton) 7) SUMMER WOODS, PATCHEN ROAD 1. The access road is too close to the property to the north and the existing house. This will require snow to be pushed onto the adjacent property and house. The access road should be south of the house. 2. Internal walkways should be provided. They should extend to Patchen Road and J.C. Park. r ( ( 6/23/86 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the preliminary plat of William Shearer for a 56 unit planned unit developemnt plus one existing unit on 15.5 acres owned by Barber and Stebbins as depicted on a plan entitled "Summer Woods, Patchen Road, South Burlington, Vermont" prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1986 with the following stipulations: 1. Sewer and water lines shall be at least 10 feet from any building. 2. The turnaround near units #53-56 shall be redesigned so as to be large enough for a car or truck to turnaround. 3. The car garage between unit 56 and 37 shall be set back at least a car's length from the turnaround. 4. The road shall be redesigned to curve between units #53- 56 and 45-48 rather than a 90 degree turn. 5. Flow tests shall be taken to determine if there is sufficient water for fire protection for the proposed density. 6. Only 50 units can be constructed until a second access is -foundr 7. The pavement area in front of units #37-40, 41-44, 45- 48 and 49-52 shall be redesigned to include landscaped areas since there are too many parking spaces. A landscaped buffer between the buildings and the parking area shall be maintained and shown on the final plat. Q� 8. The Planning Commissio"ag� nrees to waive the 50 foot setback in 3 locations. r 9. A snow fence shall be installed at the top of the bank during the entire construction period. 10. The five foot sidewalk between Melna Concrete and the Brill property shall be deleted from the plans. 11. The 15 foot pedestrian trail shall be shown on the plan. Legal documents shall be prepared prior to Final Plat for the City Attorneys approval. 12. A detailed landscaping plan shall be submitted for final plat. 13. Road maintenance waivers, articles of association, condo - by -laws and pedestrian easements shallbe submitted to the City Attorney for approval prior to final plat. 14. The Final plat shall be submitted within 12 months or this approvalis null and void. June 19, 1986 William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Shearer P.U.D. - Barber and Stebbins property, Patchen Road Dear Bill: Enclosed are the agenda and our memos to the Planning Commission. Please be sure someone is present on Tuesday, June 24, 1986 at 7:30 P.M. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Scott & Barbara Stebbins David Spitz Bob Krebs pt � 7 �J 17, 77A I � "op 1-4 61 �• ►essi fe �`deAua qjz N i 'a 0 0 PUBLIC Ill:ilNING SOUTH BURLINGI'ON PLANNING COMM l SS ION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on 'i'uesday, June 24_ 1986, at 7:30 P.M. to consider the following: Preliminary Plat application of William Shearer for a 56 unit Planned Unit development on 15.5 acres. Property is bounded by R. Munson and Melna Concrete to the north, J. Brill, T. Shepard, S. Stebbins to the east, the City of South Burlington (Jaycee Park), R. LaBerge, C. Perkins, Gardwnway, Inc., and R. Precourt to the south and E. Lamplough to the west and is located west of 159 and 173 Patchen Road. Copies of the application are available for public inspection at the South Burlington City Ball. Peter L. Jacoh Chairman, South Burlington Planning Commission June 7, 1986 KREBS & LANSINd CONSULTING ENGINEERS, INC. 199 Main St. WINOOSKI, VERMONT 05404 (802) 655-3640 WE ARE SENDING YOU ❑ ;/Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints CJ Plans ❑ Copy of letter Li Change order ❑ LIETTL�a (01FURQASIMUTTQL DATE 6 ,F,,,- JOB NO. ATTENTION RE: the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit_ copies for approval LI For your use ❑ Approved as noted ❑ Submit copies for distribution [ I As requested ❑ Returned for corrections ❑ Return corrected prints L] For review and comment ❑ _ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO _ 11", SIGNED: PRODUCT 2402 jIVCW IK, Gmw Mm J:I i, If enclosures are not as noted, kindly notify us I once. March 31, 1986 William Shearer P.O. Box 666 Burlington, Vermont 05401 Re: Shearer PUD, 159 and 137 Patchen Road Dear Bill: Enclosed are the minutes of the March 18, 1986 meeting regarding your sketch plan application. I will try: to arrange a site visit for the Commission on Saturday, May 3, 1986 and will contact you prior to then. Sincerely, Jane B. Lafleur, City Planner JBL/mcp cc: Dennis and Barbara Barber Scott and Barbara Stebbins David Spitz i j f te.e, Lam �� �� s �—t awn � ��-�-�,�-.ter•.. roXrn CIS CtAAS '3 '34 , o ,I p j, ''� rLc,- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 20, 1989 Tygate Properties c/o Mark Sperry 275 College Street Burlington, Vermont 05401 Dear Mark: ZONING ADMINISTRATOR 658-7958 This will serve to confirm that the Planning Commission in its March 7, 1989 minutes approving the Summerwoods Planned Residential Development understood and approved of the construction of 38 dwelling units on a parcel containing 11.59 acres more or less with 3.20 acres to be conveyed to your client, Tygate, as part of a boundary adjustment. While there is a minor inconsistency between the Final Plat as recorded and the March 7, 1989 vote, the Final Plat as recorded in book 252, page 131, of the land records in fact constitutes the Planning Commis- sion's approval for this conveyance of the 3.2 acre parcel to Tygate properties as depicted on the plat. At the August 1, 1989 meeting, the Commission will correct the minutes of the 3/7/89 meeting to remove the above inconsistency to indicate that the 3.20 acre parcel is approved for separate transfer, and the Final Plat will be restamped to show that it is approved subject to the March 7, 1989 resolutions as clarified on August 1, 1989. Sincerely, Peter Jacob Chairman, South Burlington Planning Commission PJ/mcp M E M O R A N D U M To: South Burlington Planning Commission From: James Goddette, Jr., Fire Chief Re: Summer Woods and K.W. Ventures Date: March 12, 1986 SUMMER WOODS, PATCHEN ROAD Plans were reviewed dated 2/86, project #85124 for Summer Woods on Patchen Road. My comments are: 1) The main roads are not wide enough. The Boca Basic Building Codes call for fire lanes of no less than 18 feet wide. In front of buildings, they can be no less than 30 feet wide for emergency equipment. 2) The project must have a looped water system and 3 hydrants are required. 3) The buildings for units 19-22 and 26-28 are located too far from the road for proper use of equipment. 4) A final set of plans is needed by the Fire Department. K.W. VENTURES Plans dated 3/4/86, project #86008 were reviewed by me. My commments are as follows: 1) The roadway around the building should be no less than 24 feet wide. 2) A second entrance should be consructed off of the "Midas Muffler Road" at the south end of the property. 3) A looped water system with at least two hydrants are needed. 4) A final set of plans will be needed by the Fire Department. PLANNER 658-7955 City of South Burlington tn 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 ZONING ADMINISTRATOR 658-7958 March 13, 1986 David Spitz P.O. Box 333 Winooski, Vermont 05404 Re: Barber and Stebbins PUD, Patchen Road Dear Dave: Enclosed are the agenda and copies of our memo's to the Commission regarding this application. Please call me if you have any questions. S incerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: William and Jeffery Shearer Dennis & Barbara Barber Scott & Barbara Stebbins KREBS & LANSIN( CONSULTING ENGINEERS, INC. 199 Main St. WINOOSKI, VERMONT 05404 (802) 655-3640 TO WE ARE SENDING YOU r' Attached ❑ Under separate cover via_ [.' Shop drawings 11] Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ _ [LIETTA-, W TUM.ATTMU DATE ATTENTION- RE the following items: ❑ Samples ❑ Specifications COPIES DATE NO. % DESCRIPTION /04 THESE ARE TRANSMITTED as checked below: ❑ For approval CJ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested LJ Returned for corrections ❑ For review and comment [I ❑ FOR BIDS DUE 19 REMARKS ____ ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints [] PRINTS RETURNED AFTER LOAN TO US COPY TO PBOOUCT24O-2 ees Inc., Croton, Mass. O147I, SIGNED:_I-K-)L It enclosures are not as noted, kindly notify us at once. PLANNER 658-7955 City of South Burlington tn 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 ZONING ADMINISTRATOR 658-7958 March 13, 1986 David Spitz P.O. Box 333 Winooski, Vermont 05404 Re: Barber and Stebbins PUD, Patchen Road Dear Dave: Enclosed are the agenda and copies of our memo's to the Commission regarding this application. Please call me if you have any questions. S incerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: William and Jeffery Shearer Dennis & Barbara Barber Scott & Barbara Stebbins M E M O R A N D U M To: Interested Parties From: Jane B. Lafleur, City Planner V" Re: Summer Woods, P.U.D., Patchen Road - Site Visit Date: April 28, 1986 The South Burlington Planning Commission will be visiting the site of the proposed planned unit development on Saturday, May 3, 1986 at 9:30 A.M. Please feel free to join us. The site is located just south of Melna concrete on Patchen Road. cc: David Spitz Peter Taylor Lee Lansing Molly Lambert Bruce O'Neill KREBS & LANSING ' CONSULTING ENGINEERS, INC. 199 Main St. WINOOSKI, VERMONT 05404 (802) 655-3640 TO 4 1-4- L� WE ARE SENDING YOU '1�, Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints [,Plans ❑ Copy of letter ❑ Change order ❑ L [ETTO OF T-RUST20-TUAL DATE JOB NO. lC) �C c ATTENTION RE: ---the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below ❑ For approval ❑ Approved as submitted ❑ Resubmit --copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return ----corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE _19_ _ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRoouci 240-2 nr_ss� Inc. Gnntnn, Mm. 01471 If enclosures are not as noted, kindly notify us at once. KREBS & LANSING CONSULTING ENGINEERS, INC. 199 Main St. WINOOSKI, VERMONT 05404 (802) 655-3640 TO .F'K/i✓s [LIETTIL-) of MURSD TTM DATE JOB NO. ATTENTION RE: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings /Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION l� �E�/�S� •5cfr '4-1 A/✓ THESE ARE TRANSMITTED as checked below: for approval or your use ilf requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: PRODUCT 240-2 n a inC., GMW, mass. 014n. If enclosures are not as noted, kindly notify us at once. a KREBS & LANSING CONSULTING ENGINEERS, INC. 199 Main St. WINOOSKI, VERMONT 05404 (802) 655-3640 TO E>Y O �D uTrl T3u CeL_k M_(, 0Al WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings R?-11iints ❑ Plans ❑ Copy of letter ❑ Change order ❑ METTLA of 'TRUSUOUMUL DATE/0 Cy V OB N JO. ATTENTION v � RE: following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION c i l Se-r S /yl � A10 r A,1_ vv� THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted C+for your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY PRODUCT 240-2 a Inc, &y h n, MM 01471, SIGNED: _ _L,-0 r77 If enclosures are not as noted, kindly notify us at once. State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Denartment of Water Resources & Environmental Engineering Natural Resources Conservation Council idil.liam R. Shearer 1675 Shelburne Road So. Burlington, VT 05.103 RE: WW-,I-U106 Construct 10 units w/mun. 15.31 acres. Greetings: building w/38 water & sewer on AGENCY OF ENVIRONMENTAL CONSERVATION Department of Water Resources and Environmental Engineering Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 April 27, 1989 We received your completed application for the referenced permit. on April 25, 1989, including a fee of $175. This application falls under the Water/Wastewater: Greater than 1000 GPD Program Area, and tinder the Performance Standards for this program area, we have a maximum of 45 days of 'in-house' time for our review of your application. Based upon the -present workload, we anticipate review of your project. within the next 3-4 weeks. If we freed further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does riot count against the allowable in-house time specified in the performance standards. If you have any (jUestions about the review process, or if you have not received a decision on your application within the permitted time of 45 days in-house, please contact this office at 879-6563. Sincerely, Ernest P. Christ ianson Reg-ional F r►g.ineer, cc: Krebs & L,ans inc, So. Burlin�t:on Pl.annin Commission City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 26, 1989 Chip Hart Allen Agency 252 College Street Burlington, Vermont 05401 Re: Summerwoods Dear Chip: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. As indicated in my memo, I do not think it is necessary for you to be present. Please call if you have any questions. Sincerely, Lj6 Joe Weith, City Planner Encls JW/mcp Memorandum - Planning May 30, 1989 agenda items May 26, 1989 Page 4 (� 5) SUMMERWOODS, PATCHEN ROAD Chip Harts requesting fo amend the approval motion (stipulation #5) for Summerwoods to allow installation of the "Roadway" light fixture provided by Green Mountain Power Corporation. The last sentence in stipulation #5 reads, "A downcast luminere which costs no more to operate than the Town and Country light shall be installed". The City has since discovered that there is no such downcast light fixture available which costs the same to operate as the Town and Country. This whole lighting/cost issue arose out of the Act 250 hearings on the Butler Farms application. The first Act 250 permit issued stipulated that a "downcast" street light must be used. The City appealed this ruling because the downcast fixture recommended by Act 250 costs $33.33 per light per month to operate compared to $7.70 per light per month for the Town and Country. The City and Act 250 were able to settle on GMP's "Roadway" fixture which is a downcast light and costs $10.29 per light per month to operate. This is now the light that both the City and Act 250 will be recommending for street lighting. I informed the applicant that this is just a housekeeping matter and, therefore, it is not necessary for them to be present at Tuesday's meeting. 6) O'BRIEN BROTHERS, KIRBY AND PATCHEN ROAD O'Brien Brothers Agency, Inc. requests an amendment to the Pre- liminary Plat approval for the 18 lot subdivision on Kirby and Patchen Roads (See enclosed letter). The applicant requests the following: 1) that the pond area be dedicated to the City in lieu of paying the $200 per unit recreation fee, and 2) that lot 18 be omitted in the calculations for the sidewalk fee. These requests are discussed below: Land Dedication: This request would affect stipulation #2 which reads, "The applicant shall pay a $200 per unit recreaton fee prior to permit." The subdivision regulations require a dedication of 15% of the land in lieu of paying the recreation fee. 15% of the entire 10.84 acres is 1.6 acres. The area proposed to be dedicated encompasses approximately 1.4 acres. The remainder should be made up in fee or additional land dedicated to meet the 1.6 4 KREBS & LANSI1\ CONSULTING ENGINEERS, INC. 10 Main Street COLCHESTER, VERMONT 05446 (802) 878-0375 TO W L LILI &A �I A►� P, IE ul�' U 00 DATE � ^ JOB NO. ATTENTION (L/{ P RE' ✓�/��YI /YI c�7G./ �/.i W �� WE ARE SENDING YOU *"Attached ❑ Under separate cover via the following items: ❑ Shop drawings Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION � �✓l % ��I/Yi S SJ � - / THESE ARETRANSMITTEDas checked below: For approval ❑ Approved as submitted /,�❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS GAD l 7r� -Frnj A � O 0 7� 1� COPY TO SIGNED: PRODUCT 240-2 trees Inc., Groton, Mass. 01471. if enclosures are not as noted, kindly notify us at once. 8 State of Vermont AGENCY OF ENVIRONMENTAL CONSERVATION Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council May 26, 1989 William R. Shearer 1675 Shelburne Road South Burlingotn, VT 05403 Department of Water Resources and Environmental Engineering Essex Junction Regional Office III West Street Essex J unction, Vermont 05452 Re: Application WW-4-0106 (Act 250 Case no. 4C0794); 38 unit condominium project, Patchen Road, South Burlington. Dear Mr. Shearer: I have reviewed the latest submittal from Krebs and Lansing., Inc. received in this office on May 19, 1989. These plans along with the previously submitted plans received April 25, 1989 meet the standards set forth in the Environmental Protection Rules. I have further received verification from the Agency of Natural Resources that the South Burlington Airport Parkway Sewage Treatment Facility has reserve capacity to serve your project. Before final approval is granted (or site and foundation authorization) I will need verification from the Department of Health that there is adequate water to serve the project. This can either be a letter acknowledging adequate water but not final approval of the water line extension or final approval of the water line extension. Upon receipt of one of the above from the Health Department, site and foundation authorization (if verification of water only) or our Water Supply and Wastewater Disposal (if final approvalfor water line extension) will be issued. Should you have any questions, please contact this office. Sincerely, Ernest P. Christianson Regional Engineer CC: Louis Borie City of South Burlington Krebs and Lansing Consulting Engineers, Inc. Summer Woods Associates KREBS & LANSW CONSULTING ENGINEERS, INC. 10 Main Street COLCHESTER, VERMONT 05446 (802) 878-0375 TO O,` � ter'\ > LIEUM-) OF VRUS U TQO DATE S JOB O ATTENTION WE ARE SENDING YOU [Attached ❑ Under separate cover via the following items: El Shop drawings Orints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter El Change order COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval �__Ior your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE _ REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO PRODUCT 240-2 Ees Inc., Croton, Mass. 01471. SIGNED: If enclosures are not as noted, kindly notify us at once. OSGOOD -HART PROPERTIES 252 COLLEGE STREET BURLINGTON, VERMONT 05401 April 5, 1989 Mr. Art Hogan, Executive Director Chittenden County Regional Planning Commission 58 Pearl Street Essex Junction, VT 05452 City of South Burlington and South Burlington Planning Commission Municipal Building 575 Dorset Street South Burlington, VT 05403 Re: Summer Woods Act 250 Application Dear People: Enclosed are copies of submissions made to the District IV Environmental Commission last evening at its public hearing on Summer Woods Associates' Act 250 application for a 38 unit residential condominium development. These items are: a. Erosion Control and Construction Sequence b. Letter from Tom Myers, District Wildlife Manager, regarding wildlife impact C. Additional information from South Burlington School Superintendent, Fred Tuttle. If you have any questions about these documents, please let us know. Sincerely, _�a 11� Susan Westie Hilton for Summer Woods Associates March 30, 1989 SUMMER WOODS Erosion Control and Construction Sequence 1. All erosion control shall be placed as shown on the drawings or as ordered by the Engineer. The Contractor shall maintain the erosion control measures until the Engineer is satisfied that permanent ground cover is established and that further measures are not required. 2. The clearing limits of construction shall be flagged and the continuous snow fence construction barrier erected prior to any clearing, grubbing, stripping or construction of any kind. In addition, silt fences shall be constructed along the clearing limits in areas of concentrated flows, as determined by Engineer. 3. At this point, the shrubs and trees within the construction limits will be cleared. All shrubs and trees cleared shall be removed from the site. 4. The site can then be cleared and grubbed. All roots and deleterious materials shall be removed from the site. 5. All excess material and topsoil shall be stockpiled on the duplex lot. These stockpiles shall be surrounded by hay bale erosion control dams and shall be seeded and mulched to minimize erosion potential. 6. After rough grading, the utilities will be constructed. The storm system consists of catch basins and perforated PVC pipe. The system collects storm runoff and discharges in the drainage swale to the south. 7. During construction and until the road surface is paved, the catch basins will be protected with filter fabric between the frame and grate, and hay bales perimeter dam. See hay bale inlet protection detail sheet #6. 8. As disturbed areas are graded and topsoiled, they will be seeded and mulched immediately to reduce the erosion potential of the soil. 9. Stabilization and turf establishment on any disturbed soils shall be done soon after fine grading. 10. Any drainage swales with a slope greater than 5% shall use a stone lining for stabilization. See Engineer for detail. 11. An Engineer shall conduct erosion control inspections weekly and after any rainfall of greater than 1 inch. The reports will outline construction progress and controls in place, note any new or proposed controls and changes to the erosion control plan, note any problems, outline measures taken to repair erosion damage, and note measures taken to restrict encroachment beyond the above - defined physical limits to the on -site activity. Inspections shall continue until the site is fully stabilized. 12. When erosion control measures are deemed no longer necessary, all materials detained, including silts and construction runoff debris, shall be collected and disposed of in a manner acceptable to the Engineer and the City of South Burlington. State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council RECEIVED A P R 3 1989 KREBS & LANSING Consulting Engineers. Mr. William H. Nedde, Krebs & Lansing Consulting Engineers, 10 Main Street Colchester, VT 05446 Dear Mr. Nedde: III Inc. AGENCY OF NATURAL RESOURCES DEPARTMENT OF FISH AND WILDLIFE ® I I I West Street Essex Jet., VT 05452 (802) 878-1564 ❑ RR 01. Box 33 N. Springfield, VT 05150 (802) 886-2215 ❑ RFD I, Pittsford Academy Pinsford, VT 05763 (802) 483-2300 March 31, 1989 ❑ 255 N. Main Street Barre, VT 05641 (802) 828-2454 ❑ 180 Portland Street St. Johnsbury, VT 05819 (802) 748-8787 I have reviewed your plans and conducted a site visit for the Summer Woods project in South Burlington. There appear to be no significant problems with regard to wildlife or wildlife habitat as defined under Criterion 8 of Act 250. Sincerely, I _a"� IQ. lvy� Thomas R. Myers District Wildlife Manager TRM/tg Memorandum to: District IV Environmental Commission From: Summer Woods Associates Re: Criterion # 6 Educational Services Following the pre-hearina conference, Fred Tuttle, Superintendent of the South Burlington School System, was contacted in order to obtain further information relative to the excess capacity of the school system. In a memo dated February lath, 1989 Hr. Tuttle stated that the proposed project could potentially aenerate 18 new students, and he went on to state that in his opinion (recommendation) the project would not place an unreasonable burden on South Burlington's ability to provide educational services. In response to a request for more specific information regarding the excess capacity of the system, Hr. Tuttle has provided us with a copy of a memo entitled "South Burlington Schools - Population Projections" prepared as a briefina for the School Board, and updated in the fall of 1988. This briefing was prepared by ililliam J. Smith Jr. The first graph of the Briefing provides a dramatic look at enrollment trends in South Burlington, and clearly indicates significant excess capacity in the system. Depending on whether one uses the "plan capacity" figure or the ",max capacity" fiaure, there is excess capacity of 700 to 1,000 students. The study is attached for your information. SOUT 1Y �BURLINGTON SCHOOL DISTRICT Frederick H. Tuttle OFFICE: South Burlington High School Superintendent SOUTH BURLINGTON, VERMONT 05403-6296 550 DORSET STREET 802/658-9050 April 4, 1989 Mr. Winston W. Hart Osgood -Hart Properties 252 College Street Burlington, Vermont 05401 Dear W. Hart, Lawrence E. LeCours Assistant Superintendent Enclosed are copies of documents used to prepare the recommendation submitted in my letter dated February 16, 1989. A. Computations, dated February 14, 1989, outlining the projected number of students generated by the Summer Woods project. B. Population Projections for -South Burlington Schools - Fall 1988 You will note that we use .5 for three bedroom multi -family units and 25 for two bedroom units. I believe these figures are conservative; we plan to verify previous projections with actual enrollments to determine if these multipliers are still valid or if they should be adjusted downward. The second document is a copy of our district enrollment projections which were reviewed with the School Directors at their December 13, 1988 meeting. This information is up -dated annually and historically has been very accurate. If you have any questions, please contact me. FHT:cl Enclosures Sincerely yours, Frederick H. Tuttle Superintendent of Schools South Burlington school District South Burlington, Vermont 39. Summer Woods, Patchen Road - Winston Hart 40 units to be constructed Units x number of Number of units school age children 22 multi -family 22 x .5 3 BR 16 multi -family 22 x .25 2 BR 2 duplex 2 x .5 3 BR 40 units 1989-90 1990-91 Units/Pupils Units/Pupils Grade Level 20 9 20 9 K-5 4 6 4 1 1 7, 8 2 2 9-12 2 2 Number of students 11 5.5 1 18 students 1991-92 Project Completed Based upon the above, it is my opinion and recommendation that this project, outlined in Mr. Hart's letter dated February 2, 1989, will not provide an unreasonable burden on this municipality to provide educational services. February 14, 1989 Frederick H. Tuttle Superintendent of Schools • ) POLICY 8.1 SOUfIi BURLINGTON SCIiOOL DISTRICT SOUTTi BURLINGTON, VCWXINT TRANSPORTATION POLICY It is the Policy of the South ilurlineton School District to furnish transportation daily to resident pupils to and from all schools in the district in accordance with aporoved administrativ^ ruidclines. Administrative Guidelines 1. Transportation will be provided for pupils in grades K-S whose walking distance from the school they attend exceeds 3/4 mile. 2. Transportation Will be Provided for nunils in grades 6-12 whose walki-ng distance from the school they attend exceeds one mile. 3. Bus routes and schedules, which are reviewed annually, are determined by the Business Manager with the approval of the Superintendent. Pricr to -the opening of school, pupils who are to be transported receive an individual bus schedule indicating the bus stop location, the bus number, and the appropriate nick -up time. 4. Ruses will not be routed over private roads. S. Parents who have questions or requests concerning transportation should contact the Superintendent of Shcools. lie will fonrard appropriate requests to the School Directors with his recommendations. 6. The Superintendent Iias the discretionary Power to make exceptions to the above provisions when the health of a pupil or sa�ety conditions warrant such action on his part. 7. In accordance with Title 23 section 1282 of: the Vermont Statutes, buses are properly inspected and bus drivers "submit to an examination by a registered physician and furnish to the Board of School Directors a certificate signed by such registered physician that he is Physically comnetent to perform such duties." Signed -� Policy accepted: August 11, 1971 Policy revised and accepted: /0123/7�/ REAFFIRMATION: State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council Joanne Brill Woods Hollow Road Westford, Vermont 05494 Dear Ms. Brill: ,,. t^-V_.., l,/vvds AGENCY OF ENVIRONMENTAL CONSERVATION Department of Water Resources and Environmental Engineering Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 May 10, 1989 I'e1. ;:8 9--6563 Re: A parcel of land consisting of .6.' acres, located on 1'atchen Road in So. Burlington . I have reviewed your information concerning the creation of a lot of less than 10 acres in size. You indicate that. on this lot. exists a single family residence which was constructed prior to March 5, 1973, that the house se.wa�e system is over 100 feet to any newly created property line and the sewage disposal system is functioning in a proper manner which means that sewae;e is not surfacing on top of the ground or being discharged into the waters of the State. Therefore, in keeping with the Environmental Protection Rules, Chapter 3 - Subdivisions, Subsection 3-01(A), the house lot. described above is exempt from review by the .Agency of Natural Resources. Please note, should it be determined that the information provided is inaccurate or false, this letter will be considered null and void and the house lot, will have to be re-evaluated. Should there be any questions, please contact this office. Sincerely, Ernest 1', Christianson Regional Engineer - cc: XO . Burlington Planning Commission P State oz ) Vermont DEFERRAL OF PERMIT l.A__WS/REGULATIONS INVOLVED: 18 V.S.A. 91218-1220 and Environmental Protection Rules, Chapter 3-Subdivisions, 1 3.06 Deferral of Permit PERMIT NO.: D-4-1305 APPLICANT/SELLER & ADDRESS: Joanne Brill Woods Hollow Road Westford, Vermont 05494 LOCATION OF SUBDIVISION: Patchen Road, So. Burlington, Vermont. DESCRIPTION OF SUBDIVISION: PURCHASER(S) & ADDRESS: William R. Shearer 1675 Shelburne Road So. Burlington, Vermont 05403 Convey .11 acre, not improved. Retain .62 acres under section 3- 04, homestead exemption. CONDITIONS: (1) The deed for a parcel purchased under the provisions of this permit must include the following "Waiver of Development Rights." All subsequent deeds, leases or contracts of sale must also contain the waiver unless a subdivision permit is obtained. Notice of the purchaser's name and address must be filed with the Division of Protection. "WAIVER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the in- stallation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed ac- knowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and that the State may deny an appli- cation to develop the lot." (2) If the parcel being acquired is to be considered for building development at some future date, the purchaser, understands that the information required by Section 3-08 of the rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for recording this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Dated at Essex Junction, Vermont this 10th day of May, 1989. cc: ll'own Planning Commission Donald Robisky Patricia A. Parenteau, Commissioner Department of Environmental Conservation ti By Ernest P. Christianson Regional Engineer State or Vermont DEFERRAL OF PERMIT LAWS/REGULATIONS INVOLVED: 18 V.S.A. SE1218-1220 and Environmental Protection Rules, Chapter 3-Subdivisions, 4 3.06 Deferral of Permit PERMIT NO.: D-1-1307 APPLICANT/SELLER & ADDRESS: William R. Shearer 1675 Shelburne Road So. Burlington, VT 05<103 LOCATION OF SUBDIVISION: Patchen Road, So. Burlington, Vermont. DESCRIPTION OF SUBDIVISION: PliltCllASElt Sj_&_..,A1)111t1SS: Joanne Brill Woods Hollow Road Westford, VT 0519-1 Convey .31 acres, not improved. Retain 11.92 acres. CONDITIONS: ( 1 ) The deed for a parcel purchased under the provisions of this permit must include the following "Waiver of Development Rights." Al subsequent deeds, leases or contracts of sale must also contain the isaiver unless a subdivision permit is obtained. Notice of the purchaser's name and address must be filed with the Division of Protection. "WAIV'ER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect. a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the in- stallation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed ac- knowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and that the State may deny an appli- cation to develop the lot." (2) If the parcel being acquired is to be considered for building development at some future date, the purchaser understands that the information required by Section 3-08 of the rules must be submitted for evaluation. If such information does riot meet the Environmental Protection Rules, permission to build on the lot, will be denied. (3) The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for recording this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Dated at Essex Junction, Vermont this 10th day of May, 1989. Patrick A. Parenteau, Commissioner Department of Environmental Conservation ff By L4�Cy Lbc�2Zy��— Ernest 11. Christianson Regional Engineer cc: ✓town Planning Commission Donald Robisky t State or Vermont DEFERRAL OF PERMIT II LAWS/RIGULAH ONS INVOLVED: 18 V.S.A. 151218-1220 and Environmental Protection Rules, Chapter 3-Subdivisions, 1 3.06 Deferral of Permit PERMIT NO.: D-4-1306 APPLICANT/SELLER & ADDRESS: William R. Shearer 1675 Shelburne Road So. Burlington, VT 05403 LOCATION OF SUBDIVISION: Patchen Road, So. Burlington, Vermont. DESCRIPTION OF SUBDIVISION: PURCHASER(S) & ADDRESS: Tygate Properties 1076 Williston Road So. Burlington, VT 05403 Convey 3.20 acres, not improved. Retain 11.92 acres. CONDITIONS (1) The deed for a parcel purchased under the provisions of this permit must include the following "Waiver of Development Rights." All subsequent deeds, leases or contracts of sale must also contain the waiver unless a subdivision permit is obtained. Notice of the purchaser's name and address must be filed with the Division of Protection. "WAIVER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the in- stallation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed ac- knowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and that the State may deny an appli- cation to develop the lot." (2) If the parcel being acquired is to be considered for building development at some future date, the purchaser understands that the information required by Section 3-08 of the rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for recording this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Dated at Essex Junction, Vermont this loth day of May, 1989. Patrick A. Parenteau, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer cc: 'Down Planning Commission Donald Robisky 5/30/89 JW MOTION OF APPROVAL I move the South Burlington Planning Commission amend #5 of the Summerwoods Final Plat approval motion to instal latlon of Uraon Mountain Powwr' s "Rr-.ajWay" street lighting. stipulation allow the OSGOOD - HART PROPERTIES 252 COLLEGE STREET BURLINGTON, VERMONT 05401 May 16, 1989 Mr. Peter Jacob, Chairman South Burlington Planning Commission 575 Dorset St. So. Burlington, VT 05403 Re: SummerWoods, Amendment to Final Plat Approval Dear Mr. Jacob: The Planning Commission approved the SummerWoods Final Plat at its meeting of March 7, 1989. Among the stipulations of that approval was Number 5 referring to lighting as follows: "... a downcast luminere which costs no more than the Town and Country light shall be installed." We hereby request that this Stipulation be amended so as to allow the project to install the "Roadway" light fixture provided by Green Mountain Power Corp. (per the attached sketch). As you respond to this request, please consider the following: 1. As discussed during our Final Plat hearing, District IV Environmental Commission will no longer approve the Town and Country fixture. 2. The District Commission's first alternative was a contemporary decashield fixture with a monthly operating cost of $33.33. 3. The District Commission will approve the Roadway fixture. 4. The Roadway fixture costs $10.29 per month to operate; the Town and Country costs $7.70. 5. Joe Weith and Dick Ward have reviewed the Roadway fixture and find it acceptable. Thank you for considering this request. Sincerely, Winston W. Hart TELEPHONE MEMO Name: r, IA/,En-74 Date: !q-1 Contact: 'blck- SPCcKgs Subject !Ummgg&-Owfis Signature rso 1nA � G� i'vyd ol& STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION 14 111 West St. Essex Junction, Vermont 05452 879-6563 Re: Summer Woods Associates c/o The Allen Agency 252 College St. Burlington, VT 05401 and William R. Shearer 1675 Shelburne Road South Burlington, VT 05403 Application #4C0794 Prehearing Report and Order 10 V.S.A. Chapter 151 (Act 250) Application #4C0794 was filed on February 27, 1989 for a project generally described as a 38 unit residential condominium development, with municipal water and sewer services, associated roadways and utilities, located on 12.23 acres of land off of Patchen Road in South Burlington, Vermont. I. Introduction A pre -hearing conference pursuant to Environmental Board Rule 16 was held on the above -referenced application on March 22, 1989. Commissioner Gil Livingston established party status and identified various issues under the 10 criteria. The Commissioner explained that the purpose of the pre -hearing conference was to expedite the permit process by identifying key issues before the hearing convenes. II. Party Status The following persons who attended the hearing have statutory party status: 1. The Applicant by Winston Hart, John Osgood, Susan Hilton, Dick Spokes, William Nedde, and Robert Krebs. Adjoining property owner Mr. Terry Sheppard, 131 Patchen Road, South Burlington, Vermont was present and indicated that he may request party t status. He will contact the Commission within seven days of the prehearing conference regarding the criteria under which he would like to participate. Summer Woods Associates #4CO794 Prehearing Conference Report and Order Page 2 Issues The following relevant issues were identified at the pre -hearing conference, on which the applicant and all Parties should be prepared to discuss or submit documentary evidence at the hearing: IV. 1. Criterion 1(B) - The applicant will provide the Commission with evidence regarding the reserve capacity and permit compliance of the Airport Parkway Sewage Treatment Plant. The applicant should also be prepared to give a presentation regarding the stormwater management plan. 2. Criteria l(E) and 4 - The applicant will provide evidence regarding the impact to the stream of the stormwater discharge and any resulting erosion. 3. Criterion 5 - The applicant will provide an update of the traffic report if necesssary and will discuss improvements that may be needed to the Patchen Road/White Street intersection. The applicant will also provide accident data for Grove St. and will be prepared to address any concerns regarding pedestrian safety in the development. 4. Criterion 6 - The applicant will provide the Commission with a letter from the South Burlington Superintendent of Schools regarding the number of students to be generated by the project and the capacity of the school system to handle the new students. 5. Criterion 8 - The applicant will provide a lighting plan for the development. 6. Criterion 9(A) - The applicant will provide additional information regarding impact fees to be paid to the City of South Burlington. 7. Criterion 9(G) - The applicant will be prepared to discuss the maintenance of the sewage pump station and whether a sinking fund is necessary for this purpose. Order Based on the above, the Commissioner issues this Preliminary Order which is subject to Board Rule 16. 1. In addition to the filed application, the applicant must address or submit evidence on the issues identified under III. 1-7. Summer Woods Associates #4CO794 Prehearing Conference Report and Order Page 3 2. All parties must be prepared to go forward and present all their evidence on the criteria under which they have been admitted. 3. The scheduled hearing on April 4, 1989 will cover the 10 criteria. Subject to objections from any parties, the Commission will consider a waiver of written findings for Criteria 1(Air), 1(A), 1(C-D), 1(F), 2, 3, 6, 9(B-F), 9(H), and 10. Dated at Essex Junction this '�i% day of March, 1989 / y Gil Livingston District #4 Commission Louis Borie District #4 Coordinator 4cO794.pre t• CERTIFICATE OF SERVICE I hereby certify that I, Louis Bori e, District Coordinator for the # 4 District of the Environmental Board, sent a copy of the foregoing Application #4CO794 Prehearing Report and Order by U.S. Mail, postage paid, on this 30th day of March, 1989 to the following: Summer Woods Associates c/o The Allen Agency 252 College Street Burlington, Vermont 05401 William R. Shearer 1675 Shelburne Road South Burlington, Vermont 05403 Susan Westi e Hilton P.O. Box 1037 Waitsfield, VT 05673 Margaret Picard, City Clerk 575 Dorset Street South Burlington, Vermont 05403 Chairman, Board of Selectmen �I 575 Dorset Street South Burlington, Vermont 05403 Chairman, City Planning Commission 575 Dorset Street South Burlington, Vermont 05403 Joe Weith, City Planner 575 Dorset Street South Burlington, Vermont 05403 Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 Mark Sinclair, Esq. Representative, State Agencies Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, VT 05676 FOR YOUR INFORMATION District #4 Environmental Commission Gil Livingston Helen Lawrence Chuck Storrow 111 West Street Essex Junction, Vermont 05452 Page 2 Certificate of Service #4CO794 Robert Krebs Krebs & Lansing 10 Main Street Colchester, Vermont 05446 Regional Engineer Ernie Christiansen 111 West Street Essex Junction, VT 05452 Terry and Mary Shepard 131 Patchen Road South Burlington, VT 05403 Dated at Essex Junction, Vermont, this 30th day of March 1989. BY �Xz Lo is Borie e-& District #4 Coordinator CS4CO794/eb ;i OSGOOD -HART PROPERTIES 252 COLLEGE STREET BURLINGTON, VERMONI' 05401 March 22, 1989 Lou Borie, District Coordinator District IV Environmental Commission 111 West Street Essex Junction, Vermont 05452 Re: Summer Woods Development, South Burlington Dear Mr. Borie: Enclosed are eight copies each of Exhibits J (Building Elevations), I-6 (Letter from James Goddette, South Burlington Fire Chief) and L-3 (Letter from Green Mountain Power). Please note that these building elevations (Exhibit J) being submitted today are intended to replace the elevations sub- mitted when the Act 250 application was originally .filed. Copies of these exhibits are also being sent to the Chittenden County Regional Planning Commission, City of South Burlington, and the South Burlington Planning Commission. Please let us know if you have any questions regarding these exhibits. Sincerely, Susan Westie Hilton for Summer Woods Associates cc: Chittenden County Regional Planning Commission City of South Burlington South Burlington Planning Commission;/ EXHIBIT I-6 twtb Nurlingtnn Yire Departincut 575 Dorset -#rret 1�vutlt N urlingtnn, Bermnnt I154D 1 — L ! Mahch 16,1989 W. Sue H.t P ion P.O. Box 1037 Waii 6ietd, vehmont 05673 Vean W. Hilton, r ntr c 1 ♦ t, 1 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658.7960 Ptanz we 7e Aeviewed by thin depatc tment on the SummeA Wood,5 ptzoJect Uot co"tAuction o66 Patchen Road in South Buffington. I am pte"ed to in6mm you that the pu ect hay been apptcoved by uz , that we would beab2e to give Ai. e pnotecti.on. I would titre .to thank you 6otc your coopeAation in .th ying to make South Bu,,u .ng,ton a sa6e community to five in. 16 you have any quest o►vs pteaze UeeP- 6Lee to caU me. Si,nceAe e y `� is c •/ (c V i'� `c. !! 1. � . ,- Jame/s W. Godde-tte Stt. Chie6 EXHIBIT L-3 GREEN MOUNTAIN POWER CORPORATION GREEN MOUNTAIN DRIVE • BOX 850 • SO. BURLINGTON, VT 05402 • (802) 864-5731 EUGENE L. SHLATZ ASSISTANT VICE PRESIDENT March 9, 1989 Krebs and Lansing Ten Main Street Colchester, Vermont 05446 Attention: Ms. Susan W. Hilton Dear Ms. Hilton: We have reviewed your letter of February 13, 1989 which requests Green Mountain Power's ability to serve the electrical load for the proposed Summer Woods development now reduced to forty residential units located off the Patchen Road in the City of South Burlington. As you know, our comments are required so that a meaningful assessment can be made under 10 VSA Sections 6086 (a)(9)(F) and (J) . You have advised us that the connected load for your proposed project will be approximately 100 amps per unit. This requirement can be supplied from Green Mountain Power's existing and planned generation sources. We have evaluated the transmission and distribution system that will be used to serve your projects requirements and have determined that existing facilities are adequate for that purpose. We do not anticipate that your addition will require distribution or transmission improvements at this time or accelerate routine system improvements planned for the near future. Ms. Susan W. Hiltun Page 2 In view of these facts, we conclude that the proposed development will not put an excessive or uneconomic demand on Green Mountain Power's facilities. Details concerning service size, scheduling, costs, etc., should be discussed with Otis C. McKinstry, Jr. of the Williston District Office. Very truly yours, Eugene L. Shlatz ELS/jf STATE OF VERMONT AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: SUMMER WOODS ASSOCIATES, ) For a 38 unit residential) condominium development ) with municipal water and ) sewer services located on) 12.23 acres. South ) Burlington. DISTRICT ENVIRONMENTAL COMMISSION IV APPLICATION 4C0794 MARCH 22, 1989 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Natural Resources, State of Vermont, in the above -captioned matter. PRE -HEARING COMMENTS CRITERION 1(B) - STORMWATER DISCHARGE The Department of Environmental Conservation, Permits and Compliance Section, reports that a stormwater discharge permit will be necessary for this project. As of 3/8/89, an application had not yet been filed. CRITERION 4 - EROSION CONTROL Jerome McArdle of the Water Quality Division has reviewed the application, and finds the erosion control plans incomplete. He requests that the applicant submit an erosion control plan or narrative describing the precautionary measures which will be used to prevent erosion after grading. Mr. McArdle is particularly concerned about sediment from the site being transported to water courses down -gradient from the project site. CRITERION 9(F) - ENERGY CONSERVATION Criterion 9(F) Stater that "A permit _11 be -ranted when it has been demonstrated by the applicant that ... the planning and design of the subdivision or development reflect the principles of energy conservation and incorporate the best available technology for efficient use or recovery of energy." The Department of Public Service interprets "best available technology" to mean those construction and energy options which result in either the least energy use or the lowest life -cycle cost. Therefore, the Department of Public kervice will be satisfied that the applicant has met his Burden of proof under this criterion if the applicant follows the recommendations set forth below: BUILDING ENVELOPE - Insulation installed in any heated space should have an equivalent R-Value to: R-38 in the ceilings R-19 in exterior walls R-10 in foundations (Foundations should be insulated to at least 4 feet below the level of grade.) R-10 in doors R-2.75 in windows (Windows may be either double -pane with low-E glazing, double -pane with storm, or triple -pane.) Doors and windows should be weatherstripped, and all seams and joints should be sealed to minimize air infiltration. Siting of the building should be done in consideration of solar gain. MECHANICAL SYSTEMS - 1. The use of "uncontrolled" electric resistance space heating or water heating systems is generally unacceptable. 2. Oil or gas heating systems should have a minimum Annual Fuel Utilization Efficiency (AFUE) of 80%. 3. Water heating systems should have a minimum Energy Factor efficiency (E.F.) of: Gas: E.F. = .62 - (.0019 x rated storage volume in gallons) Oil: E.F. = .59 - (.0019 x rated storage volume in gallons) Electric: E.F. = .95 - (.00132 x rated storage volume in gallons) 4. Installation of low -flow showerheads with a maximum flow rate of 3 gallons per minute. 5. Installation of automatic setback thermostats. 6. Use of natural gas as a fuel source for dryers LIGHTING FOR MULTI -FAMILY HOUSING 1. Interior Lighting - In common areas such as hallways, corridors and stairwells, energy -saving electro-magnetic ballasts, or standard lamps with electric ballasts should be installed. 2. All exit signs should use compact fluorescent lamps with electronic ballasts. 3. For exterior lighted areas (such as parking lots and walkways), metal halide or high pressure sodium lamps should be used. I hereby certify that a copy of the foregoing Agency ENTRY OF APPEARANCE and PREHEARING COMMENTS was sent by U.S. Mail (Postage Prepaid) to all statutory parties. Done on this 22nd day of March, 1989 at Waterbury, Vermont. Respectfully submitted, State of Vermont Agency of Natural Resources Y'► Elizabeth Lord Assistant to the Land Use Attorney A BURLINGTON INTERNATIONAL AIRPORT u/ March 21, 1989 Mr. Louis Borie District #4 Coordinator Deptartment of Environmental Conservation 111 West Street Essex Junction, Vermont 05452 RE: Act 250 Notice #4CO794 Dear Mr. Borie: On behalf of the Burlington International Airport, I wish to offer the following comments on the Act 250 application for a 38 unit residential condominium development off Patchen Road, South Burlington. 1. Due to the proximity of the proposed development to the Burlington Airport, this site is subject to varying levels of noise associated with aviation activities including the taking off and landing of aircraft, airplane overflights, aircraft taxi operations and airport ground and service vehicles. 2. Noise associated with such aviation activities occurs throughout the day since the Airport is open on a 24 hour basis. The developers, proposed purchasers and tenants of this property should be aware that noise abatement measures such as additional wall insulation and thermal windows and doors may decrease the inconvenience caused by these aviation related activities. While the Airport has no specific objections to this project, we would appreciate the cooperation of the District Environmental Commission in notifying the applicant that sound mitigation measures would be beneficial to the future occupants of the buildings. If you need further information on the above, please advise. Sincerely, f n�laA , LL Kenneth S. Potts, A.A.. Director of Aviation GWD:tsg cc: Richard Ward, So. Burlington Zoning Administrator Dean Schultz, RSH "+ , . P,irr, -rr n...,-, n,-" 1 Cnnth Riirlinntnn N/nrmnnt nFani (gn)l Rr4 nn74 3/7/89 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Final Plat amendment for subdivision of a 15.11 acre parcel into two parcels of 14.79 acres and 0.32 acres, and, construction of a 38 unit planned residential development on the 14.79 acre parcel as depicted on the 7 page set. of' plans titled "Summer Woods, Patchen Road, South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc., dated January, 1989, last revised 2/8/89 (page 2), with the following stipulations: 1. A $38,400, 3 year landscaping bond shall be posted prior to permit. This includes $30,300 for site landscaping and $8100 for street trees. 2. An intersection improvement fee of $893 shall be paid to the City prior to permit based on the 17 peak hour trip ends from this development that will use the White Street/Patchen Road intersection and Williston Road Corridor. 3. The developer shall furnish to the City in writing the name of the contractors and/or builders that will be doing the work. This shall be done as least 7 days prior to any construction. In writing, the developer shall submit the name of the architect and/or engineer who will stake out and supervise the construction and upon completion of the work, the architect and/or engineer shall certify that the work is in conformance with the approved plans, stipulations and any other requirements and/or changes that the City requests. 4. Concrete curbs shall be continuous across entrances where it shall be depressed with a 1-1/2 inch reveal. 5. A utility plan showing all underground utilities (electric, cable, gas, telephone) and street lighting shall be submitted to the City for review and approval prior to recording. The underground lines shall be in an easement along and outside the road rights of way. Street lights shall be in place and operating before any units are occupied. LOAfir✓ 5Ait --Logy., ca.rI iu/zr,., c�rc fi' WVCZ/ t c.Ni oc *.,.u.x. ,w el e r,;t� -izTww 1-w- t Cdo., /rY /, 6. The sewage pumping station shall be privately maintained and owned. 7. The recorded plat shall. show a 60 foot wide r.o.w. where the read is proposed for future extension. The current plan shows a 50 foot wide r.o.w. in this location. 1 0 SdiP'� 8. ],egal documents including the Declaration of ".ondominium and offers of dedication and deeds for str- t:s, sewer and water lines, and the pedestrian easeme-; shall be submitted to and approved by the City Attorr.-,v prior to recording. 9. A sewer allocation of 18,000 gpd is granted. The $2.50 per gallon fee shall be paid for 7,500 gpd grid shall be paid prior to permit. 10. City standard street name signs and stop signs shall be installed at the Patchen Road intersection c;' the 2 new streets. The locations of these signs shall be shown on the plans. Street names shall be submitted to the City Planner for approval prior to recording. "14o parking" signs shall be installed around both cul-de-sacs. All traffic signage shall be in place prior to occupancy of units. 11. A snow fence shall be erected along the top of the bank along the CO Zone and no trees shall be cut in the CO Zone. 12. A bond shall be posted for streets, water, sewer lines and sidewalks in an amount determined by the City Engineer prior to permit. 13. The recorded plan shall show the dead -ended water main near units 24-32 extended to the north property line and capped for future loop connection when property to the north is developed. 14. The private loop drives serving the units shall be posted as Fire Lanes an no parking signs shall be erected. A gravel- walkway shall - be provided to J.C. Park for .development residents. 16. It is the applicant's responsibility to record the final plat with the City Clerk within 90 days or this approval is null and void. It must be approved by the Planner and signed by the Chairman or Clerk prior to recording. S- oldo YApc�1 e ware 4L"41U. E M E M 0 R A N D U M To: Bill Craig From: William J. Szymanski, City Mananer Re: School Bus Specifications Date: March 3, 1989 Bill. Maximum length of school bus - 37' Wheel base - 23' Front overhang -center of front axle to bumper - 3' Diameter of Joy Drive turnaround - 100' + If the Summer Woods cul-de-sac is increased to have a outside radius of 50' - 51' to produce a 30' curb to curb paved surface, it would allow a bus to squeeze by if a car was parked along the outside assuring the 40' turn radius. ACT 250 NOTICE APPLICATION AND HEARING 10 V.S.A., SEC. 6083-6088 Application #4CO794 was filed on February 27, 1989 by Summer Woods Associates, c/o The Allen Agency, 252 College Street, Burlington, Vermont and William R. Shearer, 1675 Shelburne Road, South Burlington, Vermont for a project generally described as a 38 unit residential condominium development, with municipal water and sewer services, located on 12.23 acres off of Patchen Road in 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 City of South Burlington 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 first hearing or date specified below. Copies of the application and plans for this project are available for inspection by members of the public during regular working hours at the City of South Burlington Office, the Chi ttenden County Regional Planning Commission and the District #4 Environmental Office. A public hearing is scheduled for April 4, 1989 from 5:45 p.m. at the Chi ttenden County Regional Planning Commission Office, 66 Pearl Street, Essex Junction. A site visit will be held at 5:00 p.m. Anyone intending to participate in this hearing must attend a pre -hearing conference on March 22, 1989 at 5:00 p.m. at the Essex District Environmental Office, 111 West Street, Essex Junction. Dated at Essex Junction, Vermont, this 6th day of March 1989. By- Louis' Bori e District #4 Coordinator 111 West Street, Essex Jct., VT 05452 #879-6563 4CO794/eb CERTIFICATE OF SERVICE I hereby certify that I, Louis Bori e, District Coordinator for the # 4 District of the Environmental Board, sent a copy of the foregoing ACT 250 NOTICE APPLICATION AND HEARING #4CO794 by U.S. Mail, postage paid, on this 6th day of March, 1989 to the following: Summer Woods Associates c/o The Allen Agency 252 College Street Burlington, Vermont 05401 William R. Shearer 1675 Shelburne Road South Burlington, Vermont 05403 Susan Hilton P.O. Box 1037 Wai tsfi eld, VT 05673 Margaret Picard, City Clerk 575 Dorset Street South Burlington, Vermont 05403 Chairman, Board of Selectmen 575 Dorset Street South Burlington, Vermont 05403 Chairman, City Planning Commission 575 Dorset Street South Burlington, Vermont 05403 Joe Weith, City Planner 575 Dorset Street South Burlington, Vermont 05403 Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 Mark Sinclair, Esq. Representative, State Agencies Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, VT 05676 FOR YOUR INFORMATION District # 4 Environmental Commission !� Gil Livingston Helen Lawrence Chuck Storrow Ill West Street Essex Junction, Vermont 05452 Page 2 Certificate of Service #4CO794 Krebs & Lansing 10 Main Street Colchester, Vermont 05446 Environmental Advisor, William Hall 111 West Street Essex Junction, VT 05452 Don Hi pes, District Conservationist 12 Marketplace Essex Junction, VT 05452 Tom Bushey, Chairman, N.R.C.D. PO Box 1464 Shelburne, VT 05482 Tom Myers, Game Biologist 111 West Street Essex Junction, VT 05452 Jon Anderson, Fish Biologist 111 West Street Essex Junction, VT 05452 Agency of Administration Attn: Donna Carrier Pavi lli on Building Montpelier, VT 05602 Burlington Free Press Attn: Classified Ad Section 191 College Street Burlington, VT 05401 Regional Engineer Ernie Christiansen 111 West Street Essex Junction, VT 05452 ADJOINING LANDOWNERS: Randall G. Munson 366 Dorset Street South Burlington, VT 05403 Melna Concrete Products, Inc. 185 Patchen Road South Burlington, VT 05403 Page 3 Certificate of Service #4C0794 Joanne Brill Woods Hollow Road Westford, VT 05494 Terry & Mary Shepard 131 Patchen Road South Burlington, VT 05403 Rene D. & Linda L. LaBerge 1234 Williston Road South Burlington, VT 05403 Charles N. Perkins, Trustee 1184 Williston Road South Burlington, VT 05403 Gardenway Associates, Inc. 102nd Street & 9th Avenue Troy, New York 12180 Rinald G. & Beatrice Precourt 3 Maple Leaf Avenue Shelburne, VT 05482 Evelyn W. Lamplough & Walt Levering c/o Paul Graves Box 2264 South Burlington, VT 05403 Dated at Essex Junction, Vermont, this 6th day of March 1989. BY AA Louis Bori e District #4 Coordinator CS4C0794/eb M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: February 14, 1989 agenda items Date: February 10, 1989 2) SUMMER WOODS, PATCHEN ROAD 1. The density of the development is to great for the amount of usable land resulting in substandard and inadequate parking, street r.o.w. width cul-de-sac. 2. Parking area off a public street is not acceptable. 3. The cul-de-sac should at the very least be adequate for a school bus to maneuver around. The cul-de-sac shown is inadequate. See attached sketch. 4. The street r.o.w. limits up to the curb allows no room for snow storage, a sign or water shut off valves. This would force the City to pick up and haul all of the snow away. 5. Memos dated October 2, 1987, August 5, 1988, October 21, 1988 shall also apply to this plan dated December 1988. 6. Road crown slope shall be 1/3 inch per foot. 7. A street light plan shall be submitted for approval. Street lights shall be in place before units are occupied. 8. Sidewalk cross slope shall be shown on the plans (1/4 inch per foot to top of curb). 9. Concrete curbs shall be constructed on all streets and cul- de-sac. Typical section on page 6 makes exceptions. 3) TOWNHOUSE ADDITION, WHITE/CHARLES STREET 1. Sidewalk across driveway shall not be depressed as plans specify. It shall be of a uniform grade as the rest of the sidewalk. Driveway shall be graded to meet the sidewalk. 2. First site plan showed concrete curbs along the Charles Street frontage. This plan does not. 0 AA.SJJJO—Gewnitlric Design of 11i911-11.1's (Itsd 1trvets Path of l.ft WM.h LI �/ 4q Mo r. M�+• I 7 era o+pn Vehicle 1 I i — Overhang i 1 I I Path ie I R~ offlightI , R.w Wheat �SA' I �I � I i I• 0 /0 20 70 10 w "so in few Figure 11-3. Minimum turning path for BUS design vehicle. NORI'I I C;OU NI"RYPLANNING William Shearer P.O. Box 666 Burlington, Vermont 05402 Dear Mr. Shearer, 15 Morse Drive Essex Jci., Vermont 05452 (802) 878-0305 July 2, 1987 At your request I have evaluated traffic impacts from your Summer Woods development on Patchen Road in South Burlington. The proposed 52 new multi- family units and 1 existing house will add approximately 37 trip ends to an existing design hour volume of 807 vehicles on Patchen Road. Exiting left turns from the development will operate at level of service C. All other movements at this new intersection will operate at level of service A. Approximately 22 Summer Woods trip ends will pass through the White Street/Patchen Road intersection with its current design hour volume of 1550 vehicles. There is no standard procedure for evaluating level of ser- vice at a multi -stop intersection. Current volumes are well below the theoretical capacity of 1900 vehicles. However, delays can be expected with current volumes and will increase by 1992 when design hour volume is pro- jected to reach 1767 vehicles. Potential improvements at the White Street/Patchen Road intersection include widening of one or more approaches and/or signalization of the in- tersection. At the City's request, the Vermont Agency of Transportation is preparing to repair Patchen Road as part of its "4R" upgrading program. The Agency has verbally indicated that it will evaluate the White Street/Patchen Road intersection as part of its 4R project. Summer Woods traffic represents1.2% of all 1992 design hour traffic, through White Street/Patchen Road. As such, it contributes to the overall needs of the intersection; but its share of responsibility is relatively small. I would be happy to provide any further information that may be requested. Sincerely, David H. Spitz `- cc: City of South Burlington Chittenden County Regional Planning Commission page A-1 7/2/87 Development Traffic The proposed development will consist of 52 multi -family units in ad- dition to 1 existing house. Trip generation estimates can be obtained from the Institute of Transportation Engineer's (ITE) "apartment" category. Re- sults are given in Table 1. Time and Direction Table 1: Trip Generation Estimates Summer Woods - 53 Unit PRD IfE Rate Per Unit Trip Ends Summer Woods A.M. Peak Hour Enter .1 5 Exit .4 21 Total .5 26 P.M. Peak Hour Enter .47 25 Exit .23 12 Total • .7 37 Average Weekday 6.1 323 Based on the other counts in the vicinity, this report estimates that 20% of development traffic will travel to Burlington via Grove Street, 20% to Airport Parkway via Richard Terrace or Kirby Road, and 60% through the White Street/Patchen Road intersection. As a result, 16 trips in the a.m. peak hour and 22 trips in the p.m. peak hour will pass through the White Street/Patchen Road intersection. Existin4 Traffic in the Vicini The Vermont Agency of Transportation (VAOT) has done several recent automatic (ATR) and turning movement counts on Patchen Road. The large num- ber of counts are apparently in connection with a VAOT funded reconstruc- tion program for Patchen Road that has been requested by the City. Based on a composite of VAOT counts, 1987 average daily traffic (AADT) on Patchen Road at the development entrance is 6222 vehicles and the design hour volume (DHV) is 807 vehicles. During the design hour, Patchen Road traffic is split approximately 47% northbound and 53% southbound. North Country Plannlng • 15 NIorsc I )rix�c • I;.SSCx Jct., VE page A-2 7/2/87 1987 DHV turning movements for the development entrance onto Patchen Road are given in Figure I. Summer Woo ds 5 Figure 1: 1987 P.M. DHV With New Development Entrance Patchen Road North 10 428 15 379 Patchen Road South North �"Ountry l-31an inn • 15 NIOise I )rive • I sex, Ict.., NT. page A-3 7/2/87 A VAOT turning movement count at the White Street/Patchen Road inter- section, taken on April 28, 1987, is adjusted upwards by 10% to produce 1987 DHVs (Figure 2). Additional development traffic is underlined. Development traffic is underlined. White 7 + 123 Street 187 --_ East 109 Figure 2: 1987 P.M. DHV White Street/Patchen Road Patchen Road North 4+ 2+ 1+ 165� 226 40 ; 4 E 97 212 70 +4 Patchen Road South -..._ _..__.. 30 + 4 Whi to 185 Street East 116 22 North Country Planning • v5 Nio se U x,c • jet., VT. page A-4 7/2/87 Analysis of Intersections The development entrance can be analyzed via the unsignalized inter- section capacity procedure from the 1985 highway Capacity Manual. The at- tached printout indicates that exiting left turns from Summer Woods will operate at level of service C. All other movements will be at level of service A. There is no established procedure for defining level of service at a 4-way stop intersection, such as at White Street/Patchen Road. The 1985 Highway Capacity Manual states that "multiway STOP control can be a low cost solution at uncontrolled of two-way STOP or YIELD intersections where poor level of service is experienced". The Manual also states that the maximum capacity of such an intersection is 1900 vehicles per hour. The current DHV total of 1572 vehicles through the intersection is well below total capacity. However, traffic volumes are high enough that significant delays can be expected during the p.m. peak hour. As traffic grows in the vicinity, improvements to the intersection may be necessary. Possible options include widening to four lanes on one or more approaches and/or signalization of the intersection. Figure 3 indi- cates projected design.hour volumes in 1992 and the respective impact of Summer Woods traffic and traffic from normal growth (2% annually) and other major developments in the area. Please note that "Commerce Square" is in cluded and causes some redirection of.traffic through the intersection. North Country Planning • 15 Moose I )rive • I?sscx , jet., vr. page A-5 7/2/87 Figure 3: 1992 P.M. DHV* White Street/Patchen Road 186 261 45 96 217 56 * Includes 1987 DHV traffic - 1550 Normal traffic growth - 160 Commerce Square traffic - 35 Summer Woods traffic - 22 Total 1992 P.M. DHV traffic 1767 The total volume of 1767 vehicles is still within the theoretical cap- acity of the intersection. However, longer delays can be expected without improvements. Summer Woods will be a minor contributor to the intersection's traffic congestion, representing 1.2% of total 1992 P.M. DHV traffic volumes. North Country Planning • v5 Ni0 se I m%,c • I�,�SexJet., vr. 1985 HCM: UNSI8NALIZED INTERSECTIONS Page-1 IDENTIFYING INFORMATION _____________________________________________________________________ ' AVERAGE RUNNING SPEED, MAJOR STREET.............. 35 PEAK HOUR FACTOR................................. 1 AREA POPULATION.................................. 150000 NAME OF THE EAST/WEST STREET..................... Summer Woodp NAME OF THE NORTH/SOUTH GTREET................... Patchen Road NAME OF THE ANALYST.....................'........ D. Spitz DATE OF THE ANALYSIS (mm/dd/yy).................. 7/2/87 TIME PERIOD ANALYZED .............................. 1987 PM DHV INTERSECTION TYPE AND CONTROL ------------------------------------------------------------------------ ° INTERSECTION TYPE: T-INTERSECTION MAJOR STREET DIRECTION: NORTH/SOUTH CONTROL TYPE EASTBOUND: STOP SIGN TRAFFIC VOLUMES _____________________________________________________________________ EB WB NB SB ____ ____ ____ LEFT 5 -- 15 0 THRU 0 -- 379 428 RIGHT 7 -- 0 10 NUMBER OF LANES _____________________________________________________________________ EB WB NB SB LANES CAPACITY AND LEVEL -OF -SERVICE Page-.3 ------------------------------------------------------------------------ POTEN- ACTUAL FLOW- T IAL MOVEMENT SHARED RESERVE: RATE CAPACITY CAPACITY CAPACITY CAPACITY MOVEMENT v(pc:ph ) c (pcph ) c (pcph) c (pcph ) c = c - v L_C:S p M SH R 13I-1 ------- MINOR STREET EEC LEFT 6 255 2 252 • 397 > 384 RIGHT S 676 676 > 676 . MAJOR STREET NE; LEFT 17 764 764 764 246 . Q 668 > A 747 A f-t 4'r'k- Z -- L G -4- 2. Movement capacity is estimated. Movement capacity accounts for the impact of impedance of high -priority movements on low priority -movements. 3. Shared -Lane capacity is estimated. Shared -lane capacity accounts for the sharing of lanes by various minor street movement. Level of service is related to reserve capacity, which is computed as the shared -lane capacity minus the lane volume. Levels of service are related to reserve capacity as follows: Reserve Capacity Level of Expected Delay to (peph) Service Minor Street Traffic >400 A Little or none 300-399 B Short 200-299 C Average 100-199 D Long 0-90 E Very long --- F --- Levels of service are presumed to be loosely correlated to delay. The procedure, however, does not allow for a precise quanitfication, and cannot be compared with the results of a signalized analysis. The results of an unsignalized intersection analysis are :somewhat less definitive that for other procedures in the manual. The HCM recommends that delay studies be included as part of the normal field data collection efforts to augment computational analysis for unsignalized intersections. CONCLUSION This report is an extremely abbreviated summary of intersection analysis procedures contained in the 1985 Highway Capacity Manual. Delay and level of service, like capacity, are complex variables affected by a wide range of traffic, roadway signalization conditions. The operational analysis procedure in Chapter 9 is useful in estimating the operating characteristics of a signalized intersection. As such, it is a valuable tool in evaluating the traffic impacts of proposed development. TN PEti OF STREE I's 4. t a 10 B 'i:�'.�h!H: y�3i�;•y2:�i:�G:�:�' �%::�� of f5%:<�i�4'•`'.•�:v +:r..<.� a..::::. � ,.iy'..::.y. a i.::;::: �%• A: ukiSo3'ebtUaefildfcanCW�GG`cic:vi}i.'�%"s'•"' Figure 4.18 Road section - alternative a. Energy -Efficient Criteria for Residential Access Roads ACCESS ROADS Figure 4.19 Road section -alternative b. Alternative a Alternative b Right-of-way width 50 ft (33 ft minimum) 22 ft (6.7 m) (15 m-10 m minimum) Pavement width: With curb 18 ft (5.4 m) 18 ft (5.4 m) Without curb 16-18 ft (4.8-5.4 m) 16 ft (4.8 m) With parking 26 ft (5.4 m) Sidewalk width 0-2 ft (0-.6 m) on one side Sidewalk distance from curb 0 ft (0 m) Minimum sight distance 250 ft (76 m) Maximum grade 10% Design speed 25 mph 10-20 mph Minimum centerline radius 100 ft (30 m) Stopping distance 175 ft (53 m) Maximum grade at intersection 5% at 50 ft (15 m) Parking 8 It (2.4 m) Norte or 7 ft (2.1 m) (Source: Performance Streets.) street. The standard criteria for subcollectors and residential access roads do not differ. It is generally considered desirable for residential access roads to run east/west to allow for maximum solar lot configuration. North/south local roads can work efficiently for solar access in some cases. Culs-de-sac Physical Design Criteria Culs-de-sac, or turnarounds, are a type of access road designed to permit free turning for the largest service vehicles regularly servicing a neighbor- hood. The turning radius of trash collection vehicles is 28.5 to 35 feet (8.6 to 10.6 meters), suggesting that the minimum diameter of the cul-de-sac would be 70 feet (21 meters). Other standards for cul-de-sac diameters range from 70 to 80 feet (21 to 24 meters). Planted islands in the center reduce the total paved area of the cul-de-sac, as shown in Figure 4.20. The traffic lane is usually 14 feet (4 meters) wide. Rec- ommended lengths for cuts -de -sac range from 400 to 1000 feet (121 to 303 meters); a 500-foot (151-meter) length typi- cally would servie 0.25-acre (0.1-hectare) lots. Shorter culs- de-sac help reduce traffic. A number of alternatives to cull -de -sac are possible, depending on the lot sizes, configurations, and total number of lots served by the road. The T-type turnaround shown in Figure 4.21 requires less pavement area and space than a cul- de -sac, but it also usually serves fewer lots. Another alterna- tive is the loop road, which is used either when more lots are to be served or when a conventional cul-de-sac does not fit the topography. A smaller loop road can simply have a cen- tral green space with lots surrounding it; a larger loop street with lots in the central space is shown in Figure 4.22. Energy -Efficient Strategies • The cul-de-sac should use the smallest radius possible while still providing adequate space for service vehicles. • The cul-de-sac should protect the easement space for use as an overhang area for occasional larger vehicles but should not have an excessively large radius. • Mountable curbs should be used. • The cul-de-sac should include a central planting strip to reduce the total amount of pavement. • Designers should reconfigure the shape of the cul-de-sac to allow for service vehicles, such as snowplows, while reducing the total radius to 30 to 35 feet (9 to 10.6 meters), as shown in Figure 4.23. • As shown in Figure 4.24, service raods for culs-de-sac should be extended by adding intermediate turnarounds rather than by using looped access roads. -347- 4.4 TYPES OF STRUTS Figure 4.20 Cul-de-sac. Figure 4.21 T-type turnaround. Figure 4.22 Loop road. Figure 4.23 Alternative cul-de-sac dimensions. Figure 4.24 Intermediate turnaround. Intersections Physical Design Criteria Intersections should be care- fully engineered according to design speeds, visibility, and terrain requirements. In order to prevent dangerous jogs and turning move- ments, intersections are required to be either aligned directly opposite one another or offset by a minimum distance. The 125-foot (38-meter) offset shown in Figure 4.25 is considered a minimum by some sources; adjustments may be required to suit local conditions. It is also unacceptable to allow streets to intersect at a narrow angle. As shown in Figure 4.26 streets should intersect at a 90-degree angle for a minimum of 50 feet (15 meters) from the intersection. Energy -Efficient Strategies • The total number of gridded intersections should be reduced by using street layouts that are arranged in hierarchies. • When appropriate, properly designed jogged intersections should be used to discourage through traffic. Figure 4.25 Intersection spacings. —.34R— J�. No Text PC mm---'VN co '704 .. .... .. .. ... .. .... .. Sri AZ461:r.2 0( 'PL A /.SS A- R-6 v E D JV 0 -r v ! 12 P rJ Cr �, � [T 1-,Fln/�s FEU r�•��v�7�I�Nag N ITS r��� �� ✓E 7� T�ryrc ,�jqG ys�s �T L .12 F/t Y2►"ts rf=�t� /�diic- /Nit�F�T7�rr v , OAK 6(z—t�-O—L Vi4Zw6,E // 5' A/ 3. rox 07 7 -3- CHAPTER 10: UNSIGNALIZED INTERSECTIONS The 1985 HCM presents a methodology to analyze capacity and operations at two-way STOP or YIELD controlled approaches. Information on the capacity of four-way STOP controlled intersections is also provided. The method is based on a strict priority order to gap utilization at STOP or YIELD controlled approaches: 1) Right turns from the minor street; 2) Left turns from the major street; 3) Through movements from the minor street; and 4) Left turns'from the minor street. Right turns from the minor street merge into gaps in the right-hand lane of the major street. The movement is relatively simple, and does not impede other vehicles seeking to use the same gaps. Left turns from the major street seek gaps in the opposing major street flow. While waiting for such a gap, they are generally positioned in the middle of the intersection, preventing lower priority movements from using any available gaps until their maneuver is completed. Through vehicles from the minor street must cross through the entire major street flow. The through vehicle impedes an opposing left -turning vehicle from the minor street, which follows a conflicting path. The left turning vehicle from the minor street faces the most complex movement. Gaps must be sought in the entire major street flow, and conflicts with opposing through vehicles must be avoided. The priority of gap utilization is important. Large volumes of left -turning vehicles from the major street, for example, could use so many of the available gaps that lower priority movements become congested, facing a capacity deficiency. Computations are done in order of movement priority. Thus, right turns from the minor street are analyzed first, followed by major street left turns, minor street left turns. This allows an evaluation of the impact of higher -priority movements on lower priority movements. Capacities for each movement are estimated in three steps: 1. Potential capacity is estimated. Potential capacity assumes that each movement has use of an exclusive lane, and is able to use all available gaps in the major traffic stream. SPOKES, F®LE Y & PETERSO ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES (802) 862-6451 JAMES D. FOLEY (802)863-2657 RICHARD F. PETERSON, JR_ TELECOPIER (802) 863-2859 February 23, 1989 Mr. Joe Weith City Planner 575 Dorset Street South Burlington, VT 05403 Re: Summerwoods - Osgood/Hart Properties Dear Joe: At the Planning Commission hearing of February 14, 1989, I indicated the possibility of giving the City the right to enforce the "garage" covenant. The Commission should understand that by statute, the condominium association is given the responsibility of enforcing the covenants, conditions and re- strictions set forth in the declaration, by-laws and administrative rules and regulations. 27 V.S.A. §1307 (copy enclosed). We propose to give the City enforcement rights if the association fails to fulfill its responsi- bilities, and thus offer the following revision to Covenant No. l: "1. The garage appurtenant to each Unit shall only be used for the parking of a registered operable automobile and shall not be struc- turally altered or converted for other purposes. Garages may also be used for the storage of items and material customarily stored in garages attached to single family residences as long as the storage of such items and material does not preclude or interfere with the parking of an automobile in the garage. This provision may not be amended without the approval of the City of South Burlington Planning Commission. Should this covenant not be properly enforced by the Asso- ciation, the City of South Burlington may initiate legal action for injunctive or other legal relief against the offending Unit Owner, and such Owner shall be responsible for the City's costs of enforcement, including reasonable attorneys' fees, if the Owner is found by a court of competent jurisdiction to be in violation of this covenant." Mr. Joe Weith - 2 - February 23, 1989 The City could be assured of collecting its enforcement costs if it records in the Land Records the court order. Initially, I thought it would be appropriate to make the Association responsible for enforcement costs. The Association, however, owns no property per se, and thus there is no easy means of collecting enforcement costs from the Association. If I can offer any further imput, please let me know. Very truly yours, Richard A. Spokes RAS/gmt Enclosure CC: Mr. John Osgood Mr.Chip Hart T.27 § 1306 PROPERTY Ch.15 to have access to each apartment from time to time during rea- sonable hours as may be necessary for the maintenance, repair or replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and faciliti, or to another apartment or apartments.-1967, No. 228 (Adj. Sess.), § 6, eff. Jan. 23, 1968. § 1307. Compliance with covenants, bylaws and administratiN e provisions Each apartment owner shall comply strictly with the bylaws and with the administrative rules adopted under them, as either may be lawfully amended from time to time, and with the cove- nants, conditions and restrictions set forth in the declaration or in the deed to his apartment. Failure to comply with them shall be grounds for an action to recover sums due, for damages or in- junctive relief or both maintainable by the manager or boards of directors on behalf of the association of apartment owners or, in a proper case, by an aggrieved apartment owner.-1967, No. 228 (Adj. Sess.), § 7, eff. Jan. 23, 1968. § 1308. Certain work prohibited No apartment owner may do any work which would jeopardize the soundness or safety of the property, reduce the value thereof or impair an easement or hereditament without the unanimous consent of all the other apartment owners being first obtained. —1967, No. 228 (Adj. Sess.), § 8, eff. Jan. 23, 1968. § 1309. Liens against apartments; removal from lien; effect of part payment (a) After recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien may thereafter arise or be effective against the property. During that period liens or encumbrances shall arise or be created only - against each apartment and the percentage of undivided interest in the common areas and facilities, appurtenant to that apart- ment, in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership. Labor performed or materials furnished with the consent or at the request of an apartment owner or his agent or his contractor or subcontractor, shall not be a basis for 41:11! Ch.15 COtiDONIINIM filing a mechanic's lien against erty of any other apartment o requesting the work, except deemed to be given to the owi emergency repairs thereto. L. nished for the common areas a association of apartment own( tors in accordance with this shall constitute a basis for fili: the apartments and shall be s graph (b) hereunder. (b) If a lien against two or the apartment owners of th( their apartment and the perc common areas and facilities the lien by payment of the fr tributable to each of the a payment shall be computed 1 pearing on the declaration. Af satisfaction the apartment an est in the common areas and thereafter be free and clear charged. That partial paymen prevent the lienor from pros, the rest of the undischarged X § 9, eff. Jan. 23, 1968. § 1310. Common profits and e: Annually, the common profi among, and the common expi ment owners according to th est in the common areas Sess.), § 10, eff. Jan. 23, 1968. § 1311. Contents of declaratic The declaration shall contaii (1) Description of the Ian( ments are or are to be located. (2) Description of the bu: and basements, the number terials of which it is or is to b( SOUTH BURLINGTON SCHOOL DISTRICT Frederick H. Tuttle OFFICE: South Burlington High School Superintendent SOUTH BURLINGTON, VERMONT 05403-6296 550 DORSET STREET 802/658-9050 February 16, 1989 Mr. Winston W. Hart Osgood -Hart Properties 252 College Street Burlington, Vermont 05401 Dear Mr. Hart, Lawrence E. LeCours Assistant Superintendent At their meeting on February 16, 1989, the South Burlington School Board voted that the proposed Summer Woods development referenced in your February 2, 1989 letter would not place an unreasonable burden on this municipality to provide educational services. I am enclosing a copy of our transportation policy for your information. Students in grades kindergarten -five will attend Chamberlin School, students in grades six -eight will attend the Middle School, and grades nine -twelve will attend the High School. If you have any questions regarding the above, please contact me. Sincerely yours, Frederick H. Tuttle Superintendent of Schools FHT/dbg Enclosures cc: Building Principals Leo Brown Lawrence LeCours Joseph Weith South Burlington School District South Burlington, Vermont 39. Summer Woods, Patchen Road - Winston Hart 40 units to be constructed Number of units 22 multi -family 3 BR 16 multi -family 2 BR 2 duplex 3 BR 40 units Units x number of school age children 22 x .5 22 x .25 2 x .5 1989-90 1990-91 Units/Pupils Units/Pupils Grade Level 20 9 20 9 K-5 4 4 6 1 1 7, 8 2 2 9-12 2 2 Number of students 11 5.5 1 18 students 1991-92 Proj ect Completed Based upon the above, it is my opinion and recommendation that this project, outlined in Mr. Hart's letter dated February 2, 1989, will not provide an unreasonable burden on this municipality to provide educational services. February 14, 1989 Frederick H. Tuttle Superintendent of Schools SOUTH B' �NGTON SCHOOL DISTRICT POLICY 8.1 SOUTTI BURLINGTON SCTTOOL DISTRICT SOUTti BURLINGTON, VEWIONT TRANSPORTATION POLICY It is the policy of the South Burlington School District to Furnish transportation daily to resident pupils to and from all schools in the district in accordance with approved administrativf: guidclines. Administrative Guidelines 1. Transportation will be provided for pupils in grades K-S whose walking distance from the school they attend exceeds 3/4 mile. 2. Transportation will be provided for punil.s in grades 6-12 whose walking distance from the school they attend exceeds one mile. 3. Bus routes and schedules, which are reviewed annually, are determined by the Business !tanager with the approval of the Sunerintendent. Prior to -the opening of school, pupils who are to be transported receive an individual bus schedule indicating the bus stop location, the bus number; and the annrorriate nick-un time. 4. Buses will not be routed over private roads. S. Parents who have questions or requests concerning transportation should contact the Superintendent of Schools. fie will forward appropriate requests to the School Directors with his recommendations. 6. The Superintendent has the discretionary power to make exceptions to the above provisions when the health of a nupi.l or safety conditions warrant such action on his part. 7. In accordance with Title 23 section 1282 of the Vermont Statutes, buses are properly inspected and bus drivers "submit to an examination by a registered nhysician and furnish to the Board of School Directors a certificate signed by such registered physician that he is physically competent to per.fom such duties." Signed: Policy accepted: August 11, 1971 Policy revised and accepted: /U/23�7�/ REAFFIRMATION: ,. I ATTORNEYS AT LAW 239 SOUTH UNION STREET P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY RICHARD F. PETERSON. JR. February 6, 1989 Mr. Joe Weith City Planner 575 Dorset Street South Burlington, VT 05403 Re: Summerwoods - Osgood/Hart Properties Dear Joe: (802) 862-6451 (802) 863-2857 TELECOPIER (802) 863-2859 Please consider the enclosed memorandum of January 31, 1989 part of the Summerwoods application. The memo addresses certain covenants and restrictions that we will be including in the condominium documentation. It also addresses a couple of concerns raised by the Planning Commission at our last hearing, including the use of garages. Please don't hesitate to call if you have any questions. Very j�r,uly yours, Ric A. Spokes RAS:mil Enclosure CC: Mr. John Osgood Mr. Winston Hart January 31, 1989 SUMMER WOODS CONDOMINIUMS The Declaration of Condominium will include the following covenants and restrictions: 1. The garage appurtenant to each Unit shall only be used for the parking of a registered operable automobile and shall not be structurally altered or converted for other purposes. Garages may also be used for the storage of items and material customarily stored in garages attached to single family residences as long as the storage of such items and material does not preclude or interfere with the parking of an automobile in the garage. This provision may not be amended without the approval of the City of South Burlington Planning Commission. 2. Landscaping on the Property shall be maintanined by the Condominium Association substantially as approved by the City of South Burlington Planning Commission and District Environmental Commission #4. Diseased trees and other approved landscaping shall be replaced by the Association as soon as seasonably possible. 3. The Condominium Association shall be responsible for maintaining, repairing and plowing private drives and parking areas depicted on the Plan. The Owner of each Unit, by acceptance and recordation of a deed conveying the Unit, does automatically and irrevocably waive any right to demand the City of South Burlington or any other municipal or governmental entity to take over, maintain, repair or plow the private drives and parking areas. 4. The Association shall maintain all drainage ways and swales on the Property, and shall do whatever is necessary to keep such drainage ways and swales free of debris and other material which might hamper natural surface drainage. 5. All heated structures shall contain insulation with a minimum R value of R-19 in the exterior walls, R-38 in the roof or cap, and R-10 around the foundation or slab. 6. Water conserving plumbing fixtures including low flush toilets, low flow showerheads and aerator -type or flow -restricted faucets shall be installed and maintained in all dwellings. The plumbing fixtures shall operate with the following specifications: (a) internal system water pressure of 50 psi maximum, (b) toilets with a maximum of 3.5 gallons per flush, (c) showerheads operating with a maximum of 3 gallons per minute, and (d) faucets on sinks and lays operating at a maximum of 3 gallons per minute. 7. All dwellings shall have double glazed windows. 8. The use of gas, oil or heating fuel other than electricity is encouraged. No uncontrolled electric resistance heating systems shall be installed or used in any heated structure. 9. The Condominium Association shall maintain, repair and replace, as necessary, the sewage pumping station depicted on the Plan. The Owner of each Unit, by acceptance and recordation of a deed conveying the Unit, does automatically and irrevocably waive any right to demand the City of South Burlington, or any other municpal or governmental entity to take over, maintain, repair, or replace the sewage pumping station. 10. No boats, trailers, campers or unregistered and inoperable vehicles of any kind shall be stored on the Property. The following restrictions pertain to the Open Space Areas, which are all lands located in the Conservation and Open Space Zoning District and all lands southerly of the District. 11. There shall not be constructed or placed on those portions of the Common Areas and Facilities which are depicted as Open Space Areas on the Plan any buildings, fences, signs, billboards or other advertising material, or other structures of any kind except those designed for outdoor recreational purposes for the residents of Summer Woods Condominiums. 12. There shall be no cutting of trees in the Open Space Areas except such as is necessary to construct any outdoor recreational structures approved in the future. 13. There shall be no dumping of ashes, trash, garbage, sawdust or other unsightly or offensive material on the Open Space Areas, and no changing of the topography through the placing of soil or other substance or material such as landfill or dredging spoils. 14. There shall be no activities or use in the Open Space Areas detrimental to drainage, erosion control, soil conservation or wildlife habitat preservation. 15. There shall be no operation of snowmobiles, dune buggies, motorcycles, all -terrain vehicles or other loud, destructive or offensive recreation vehicles on the Open Space Areas. -2- City of South Burlington WATER DEPARTMENT 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4361 July 27, 1987 Mr. Bob Krebs Krebs & Lansing 199 Main Street Winooski, Vermont 05404 Dear Bob, The following is the result of a fire flow test conducted by this Department on hydrant #25 at the intersection of Patchen Road and Richard Terrace on July 24, 1987: Static Residual GPM 75 psi 34 psi 980 Sincerely, SOUTH BURLINGTON WATER DEPARTMENT 1�c c�JC�/► t AT941) 01 cu Susan A. Messina Superintendent A G E N D A South Burlington City Council Meeting City Hall - 575 Dorset Street South Burlington, Vermont SPECIAL MEETING 7:00 PM (Upstairs Conference Room) MONDAY, FEBRUARY 13, 1989 1. Consider going into Executive Session to discuss the following: (a) Personnel for appointment to City Manager position (b) Meet with City Attorney to discuss pending litigation 7:30 PM (Main Conference -Room - 1st floor) 2. Comments and questions from the public (not related to items on the Agenda). 3. Make appointment to the City Manager Position. 4. Consider request of Save -the -View Inc. to stay the building permit issued to Cynthia & Bob Hoehl. 5. Review 1989-1990 Proposed City Budget: (a) Report from Social Awareness Committee - Chr. Merle Edwards -Orr (b) Community Library (c) Fine Arts (d) Natural Resources (e) Recreation (f) Police (g) City Government (h) Highway & Landfill (i) Water Pollution,Control 6. Meet as Liquor Control Board to consider requests of Catering Permits for: (a) Wedding by Wetherbee's @ K of C Hall, So. Burlington Friday, 2/17/89, 7:00 pm to 12:30 am (b) Wedding by Wetherbee's @ K of C Hall, So. Burlington Saturday, 2/18/89, 6:00 pm to 12:00 M. Respqctfu ly submitted,, NOTE: rrila William J ski (Regular Meeting 2/20/89) City Man qe No Text PLANNING COMMISSION 6 DECEMBER 1988 The South Burlington Planning Commission held a regular meeting on Tuesday, 6 December 1988, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Peter Jacob, Chairman; William Burgess, Mary -Barbara Maher, Ann Pugh, William Craig, John Belter Also Present Joe Weith, City Planner; Sid Poger, The Other Paper; Herb Durfee, Dick Underwood, Ed Slayton, William J. Schuele, Stephen Crowley, Edward Burr III, Art Hogan 1. Minutes of 22 November 1988 Mr. Craig noted on page 2 the stipulation about garage use can only be changed with approval of the condo association and the Planning Commission. Mr. Weith noted that on p. 4 it should read "Expansion development B, not A. Mr. Belter also noted that he was not present for this meeting. Mr. Burgess moved the Minutes be approved as amended. Mr. Craig seconded. Motion passed 5-0, Mr. Belter abstaining. 2. Public Hearing Consider proposed amendment to the South Burlington Zoning Regulations to make permanent the Interim Zoning Regulations for the protection of the Spear Street Overlook District, Mr. Weith noted the text had undergone technical changes so it is now correct. The Commission must pass this on to the Council with its recommendations (which can include no re- commendation). Mr. Krassner noted the Natural Resources Committee 2 years ago marked this area as an important view point that should be preserved by the City. The view, he said, is one of the most spectacular in the City. Mr. Ratkus said under the interim zoning as written, they could not build on Lot #1 and could only build on Lot #2 600 ft. from Spear Street and below the sewer line. He felt those lots should be eliminated from the interim zoning. Mrs. Ratkus felt the City was responsible for preservation of the view before now since they knew the lots were for sale in 1977 and also gave permission for the sewer to be put in by the land- owners and to fill the land for building. Mr. Burgess said the Commission had made a recommendation to the City Council and he did not feel the facts had changed. The view from the overlook was protected and certain height restrictions were also recommended. Mr. Dumont noted the Council will be sending back that recommendation to the Commission with some amendments. Mrs. Maher said that since the ComtTiisslon's de- PLANNING COMMISSION 22 NOVEMBER 1988 The South Burlington Planning Commission held a regular meeting on Tuesday, 22 November 1988, at 7:30 pm, in the Conference Room, City Hall, 575 Dorst Street. Members Present Peter Jacob, Chairman; William Burgess, Catherine Peacock, Ann Pugh, Mary -Barbara Maher, William Craig, John Belter Also Present Joe Weith, City Planner; Sid Poger, The Other Paper; John Osgood, Chip Hart, Douglas L*reiner, Susan Hilton, Winston Hart, Paul Adams, Matthew Henry, John Henry, Dave Farrington, Bill Shearer, Dick Spokes, Catherine Lebo, W-Illiam Schuele 1. Minutes of 1 November 1988 Mr. Burgess moved the Minutes be approved as written. Mr. Craig seconded. Motion passed unanimously. 2. Discussion with Summerwoods Association regarding a revision to approved Final Plat application of the-gummerwoods p anne residential development on Patchen Rd. Doug Greiner of mataraz.zo Assoc, consultants for the project, described the site as "a space of its own," and said that is how they approached the plan. The intent is to orient units toward the open space/drainageway. The previous plan had included 52 units on 14 acres; the present proposal would be for 40 units on 11.3 acres. They propose a boundary change to convey portions of the land to Econolodge. Mr. Burgess oted that 3 acres would also be developed so the overall density ould be potentially worse. Mrs. Maher added it is very important to the Commission to know what Econolodge may do with this land. Mr. Greiner explained changes in the plan. The public road is now shorter than before. There are 5 building clusters situated around "turnaround courts.! There is also a 30-foot wide private street which the Fire Chief has okayed. This is 70 ft. longer than the approved private street, but they have reduced the number of units accessing from this street. Mr. Burgess stressed that the city is discouraging and denying private streets, so the additional 70 ft. is very significant. Mr. Greiner said the road is laid out so there is room for fire equipment to reach the ridge line of any building in the project. There is also a sep- aration between i ,:. _ ;;; of a- ,. Least 30 ft. as requested by the Fire C1�ie �' and :,lso for drainage and snow removal. The private road has been increased from 24 to 30 ft., and the turnaround from 60 ft. to allow fire vehicles to go around it. They have met the letter of requirement for off -site parking, so there will be no parking on the roads. No buildings encroach on the 50 ft. setback from the drainageway and also the 50 ft:. perimpter setback line. A provision hGs been 1 I'LANNING C01114ySSION 11/22/38 .)age 2 made to connect to t4roposed road on the Munson property. All garages are attached to the buildings. They have also decreased the number of abutters to the Melna property. The number of units per building has been decreased. Ms. Pugh said she was concerned with the Chief's comment about/ not counting garages as parking space since people often use garages for storage. She noted the City Engineer also expressed this concern. Ms. Pugh said she didn't like the idea of having to move 1 car to get another out of the garage. Mr. Greiner said as planners they didn't feel this is out of line. Other projects in the city do this. Mr. Burgess said he was more concerned with people parking on the street instead of in the driveway. Mr. Weith said if it is posted as a fire lane, the cars can be cited. Mr. Jacob questioned if there is room to get a public street instead of private. Mr. Osgood said it would require some waivers, particularly the width of the right-of-way. He felt they could get a 50-foot right-of-way. Mrs. Maher said the Commission in- dicated in ".ugust they wanted a public street. Mr. Osgood said he felt the issue was the number of units on the street, and they did reduce this. He said he'didn't have a conceptual problem with a public street. Ms Peacock said the Council has made it clear they don't want any more private streets. She noted the original plan was approved before this policy, and she felt they were far enough from the original plan to now have to consider public streets. Mr. Hart said they didn't want to have to provide a second access/ to the Munson property. The Commission said this would not be a problem. Members did not see a problem with a reduced right=of- way for the public street and felt it could be worked out with the abutter (Mrs. Brill). Ms. Pugh questioned the lot with the duplex on it. Mr. Hart said it would not be part of the density or of the condo rules. Ms. Pugh asked if they are going to come back with another plan for this lot. Mr. Bart said they are not sure what they are going to do with it. Mr. Weith said that lot would be subdivided off. Mrs. Maher said she would vote only for a city street, and would consider modest concessions to get it. She felt the parking question had to be addressed. Mr. Weith said he would like to see more guest parking and noted they do meet the require::,ents now. Mr. Spokes said the condo rules could be drafted +„ enforce the no parking stipulation on the streets and also to ensure tha garages are used only for parking and not for conversion to living space. Mr Greiner felt they could add 4 or 5 more guest parking spaces. Mr. Jacob asked if they would have any objection to giving the land adjacent to the city park land to the city in lieu of the recreation fee. Per. Hart sai i�_i tlie:- are oper. to Mr. Weith said he fe`t the plan is an improvement. PLANNING COMMISSION 9 AUGUST 1988 PAGE 2 Mrs. Maher said it would be all right with her as long as it is shown on the plan and is specified in the approval. Mr. Osgood said they would be willing to bond for the cost of the sidewalk for 5 years. Members agreed this would be adequate. Mr. Osgood explained they have some time constraints with IBM and asked when the plan can be heard again. Members agreed if plans are presented by Friday, it can be heard at next Wednesday's meeting. A citizen raised the question of lighting for the parking lot. Mr. Hart said they assume most of the users will use the regular lot in the evening. Mrs. Maher moved to continue the application until the next scheduled meeting_ Mr. Belter seconded. Motion passed unanimousl . C6evisionn Discussion with Osgood -Hart Properties regarding a to the Final Plat application of the Summerwoods Planned residential development on Patchen Road Mr. Osgood noted the original approval was for 52 condo/town houses on approximately 14 acres. Since he and Mr. Hart have become involved, they have felt the plan should be revised to reflect what is going on in the market: less dense development, larger units, more open space. In addition, one of the abutters expressed interest in the western 3 acres of the property. The plan being presented would create 3 parcels from the one lot: one would be 3 acres, one would be 11 acres, and the last would be .5 acres. A duplex could be put on the smallest lot. Mrs. Maher said it appeared they are not really reducing density. Mr. Osgood said it had been 3.35 per acre and now would be 3.33. Mr. Burgess said they are now higher in terms Of lot coverage. Mr. Osgood noted they have reduced from 52 to 40 units. Mr. Burgess -noted the units are, however, larger. Mrs. Maher noted the 3 acres being sold are commercial. Mr. Burgess said this means they would be taking 3 acres that could not be developed in the future because they would have been counted in this development. Mrs. Maher said she would like to see the tax map on this. Mr. Osgood said they would reduce from 6 to 4 curb cuts off the city street, including the cut for the duplex lot. Mr. Burgess noted they would now be creating a long private drive to serve 24 units. Mr. Weith said Mr. Szymanski is very con- PLANNING COMMISSION 9 AUGUST 1988 PAGE 3 cerned about this. Mr. Craig felt the city should not get stuck having to plow this private road. Members agreed they would not accept the private road. Regarding parking, Mr. Osgood noted that every unit now has one inside and one outisde space. There are also 15 guest spaces. They are considering outlawing RV's. Mr. Weith noted that Mr. Szymanski did not like the public spaces off the road and was concerned with snow removal. Mrs. Maher said she did not favor the .5 lot for a separate duplex and would like o see it used for a part of this development. Mr. Har4said they wanted all the condos on one side of the road for continuity and a nicer feel. They thought the duplex was more consisted} with the Brill house which is also a 2-family unit. k* Mr. Weith said Mr. Szymanski is also concerned about the layout of the street and where it will eventually line up with the other lot. He felt the previous plan had a better location for this. Mr. Craig also noted that 5 units encroach on the CO Zone. Mr. Hart said they are just on the border and there is a technicality because the stream dis- appears for a while underground. Mrs. Maher felt the plan should be reviewed by the Natural Resources Committee. Mr. Osgood said there would be no problem moving a few units to get out of the CO Zone. Mr. Weith noted the Fire Chief opposes the plan on grounds he cannot provide adequate fire protection. Mr. Hart said he has talked with the Chief and will continue to work with him. Members asked that the plans show a sidewalk on one side and also location for the mail drop. 4. Sketch Plan application of G. Milot, A. Bartlett, and J. Larkin to construct a 392 unit planned residential development on a 198.8 acre parcel on Dorset St. at the Shelburne Town Line. Mr. Llewellyn located the project and said they propose 392 multi -family units at 2 units per acre. The development will be served by a road off Dorset Street which would become the Allen Road Extension at some point in time. It would be 32 ft. wide. Within the development, roads would be 30 ft. wide. The 3 Ramsey lots on Dorset St. are being purchased and will be part of the lot for this project. Municipal services will be extended for this project. 30-50 ft. front yard setbacks are shown with a 50' x 120' M E "1 O R A N D t `i To: South Burlington Planning C 0fT1JiliSSiUr1 From: Joe Weith, City Planner Re: November 22, 1988 agenda items Da11e. : November 18, 1988 2) SUMMER WOODS, P.R.D., PATCHEN ROAD Enclosed is a copy of the minutes from the 8/9/88 Planning Commission meeting. Also enclosed are copies of the memos from Hill Szymanski, Chief Goddette and me, which were originally sent to the Planning Commission on 10/21/88. The plan has not changed since our last, review. 3) ADAMS WELD_I_NG,_ AIRPORT PARKWAY Paul Adams proposes to construct a 3,200 square foot addition to an existing 10,000 square foot building. The building is used for metal fabrication and welding. The addition will be used for additional shop space. The addition is proposed for the rear of the building. The property is zoned Industrial -Commercial. The lot is bounded on the west by the Offset House, on the east by the former Climb High business, on the north by the Winooski River flood.plain and on the south by Airport Parkway. Access/Circulation: Access would remain from the 24, foot wide driveway on Airport Parkway. The plan shows circulation on the southwest portion of the lot. No access is provided along the entire building on either the east or west sides of the building. Chief Goddette expressed concern over access to the new addition. He feels an 18 foot wide fire lane is needed along the west side of the building in order to provide adequate fire protection. The fire lane should be 15 feet from the building and should remain unobstructed. A fire lane would, however, disrupt the layout of the outside storage area. Parking: The building requires 14 spaces. The plan shows 13 parking spaces. The parking plan shows 10' x 20' spaces. Two additional spaces could be provided if the parking lot was revised to show 9' x 18' spaces. Coverage/Setbacks: The proposed project meets setback and coverage requirements. Total lot coverage is 41%. Providing a fire access road along the west side of the building; would increase the total lot coverage, but it should still easi.l�' meet. the 70% maximum allowed. 1 Memorandum - Planning October 25, 1988 agenda items October 21, 1988 page 2 4) PUBLIC HEARING: 4 LOT SUBDIVISION, SPEAR STREET Marie Underwood and Helen Gagnon propose to subdivide three one -acre lots from the 141 acre Nowland Estate on Spear Street. The property is Zoned Residential 1. The three lots front Spear Street and meet the minimum lot size and frontage requirements. A 60 foot right of way would he reserved between lots 2 and 3 in order to maintain access to the rest of the Nowland Property (lot 4). Enclosed are the minutes of the July 26, 1988 meeting at which the Sketch Plan was reviewed. ACCESS: The applicant has agreed to require that access to lots 2 and 3 will be from the 60 foot right of way. No drives off of Spear Street will be allowed.- Access to Lot 1 will be from Spear Street and should be at least 250 feet from the proposed 60 foot right of way in order to allow for a deceleration lane if need be. RECREATION: The applicant shall be required to pay the $200 per unit recreation fee. This shall be paid prior to permit. WATER: The location of the water main should be indicated on the plat. OTHER: The Plat should show the entire 141 acre Nowland Estate with lot line dimensions and abutting property owners. The entire 141 acre parcel does not have to be surveyed, however, the three new lots do. These lots have been surveyed. See Bill Szymanski's and Chief Godette's comments. 05) SUMMER WOODS, PATCHEN ROAD Summer Woods Association came to the Planning Commission on 8/9/88 to discuss proposed revisions to the Summer Woods planned resi- dential (1evelopment which was approved by the Planning Commission on 8/9/88. Mr. Osgood indicated at the 8/9/88 meeting that the main reason for revising the plan was to reflect what is going on in the market: less dense development, larger units, more open space. The main difference between the approved plan and the revised plan are: 1) The approved plan proposed 52 units while the revised plan proposes 38 units, and 2) The revised plan proposes subdivision of the15.5 acre parcel into 3 parcels of approximately 12 acres, on 0.5 acres and 3 acres. The 38 unit development would be on the 12 acre parcel. A duplex would be constructed on the 0.5 acre parcel and the back 3 acre parcel would be sold to the abutter to the west (Econolodge). I recommend that the applicant treat this as a 2-lot subdivision (15 acre parcel and 0.5 acre parcel) instead of a 3-lot subdivision. By treating it this way, the applicant would avoid creating a lot without frontage on a public road, which requires a reserved 20 foot right of way. MEMORANDUM October 25, October 21, page 3 - Planning 1988 agenda iz_ems 1988 When the applicant is ready to sell the back 3 acres, it can be treated as a boundary adjustment. However, I have reviewed the plan as a 3-lot subdivision so that when the land is finally merged with the property to the west, all coverage, setback, etc. requirements will be met. The current plan was revised to meet the concerns expressed at the 8/9/88 meeting. The following revisions were made: 1). access to all of the units was revised in order to allow for adequate fire protection, 2) All units were moved out of the conservation zone, and 3) The number of units served by the private drive were reduced from 24 units to 18 units. I feel the revised plan is an improvement over what was approved in two respects. First, I feel the plan is an improvement aesthetically. I feel the change from large paved parking lots to individual attached garages looks better. Also, the smaller building clusters creates a more "homey" atmosphere. Secondly, I feel the attached garages are more convenient than the separate parking lots. In the approved plan, the closest parking space to Unit 1 is 150 feet. This would be terribly inconvenient, especially during cold, wet weather, even for younger people like Chairman Pete, Mrs.Maher and myself. My only concern is parking. I agree that there will most likely be a desire to park in the private loops serving the buildings. These loops are only 24 feet wide and Chief Godaette is con- cerned with access. Several things which should be considered to alleviate potential problems include: 1) Post NO PARKING/FIRE LANE sign. This assures the Police department has authority to write tickets and tow; 2) Increase the private loops to 30 feet wide which will allow parallel parking and enough space for adequate fire protection; 3) Locate additional parking areas near each of the building clusters. M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner r Re: August 9, 1988 Agenda items Date: August 5, 1988 2) OSGOOD _ HART PROPERTIES, 40 KIMBALL AVENUE Osgood -Hart properties propose to construct a 58 space temporary parking lot to accommodate over flow parking from their office building located next door at 30 Kimball Avenue. The top floor of 30 Kimball Avenue has been leased to IBM which is using the space for classes. Mr. Osgood claims that there is insufficient parking on 30 Kimball Avenue to handle the demand generated by the building. The new gravel parking lot would be maintained for • 3 or 4 years until they decide whether or not to pave it or put up a building. Zoning: The lot is zoned Commercial 2. Lot coverage is 28%, well within the 70% maximum requirement. The parking lot and proposed grading of the lot are outside of the Conservation Zone. Access: Access for the parking lot is shown from a 27 foot wide driveway from the adjoining 30 Kimball Avenue property. No curb cut is shown from Kimball Avenue. Landscaping: The plan does not show any landscaping. I feel that sufficient landscaping should be installed along Kimball Avenue to properly screen the parking lot. This landscaping could be applied toward any future plans to construct a building. Other: See Bill Szymanski's and Chief Goddette's comments. 3) SUMMERWOODS P.U.D., PATCHEN O Osgood -Hart prope es wr�o'se W to revise the approved Final Plat for the Summerwoods 52 unit planned unit development. The Final Plat was approved on October 6, 1987. The approved Final Plat shows a 52 unit multi -family dwelling development on a 15.5 acre parcel of land. The revised plat would subdivide the 15.5 acre parcel into 3 parcels of approximately 3.3, 11.7 and 0.5 acres, respectively. The 3.3 acre lot would be sold to an abutter. The 11.7 acre lot would contain 38 units in roughly the same area as the originally approved 52 units. The 0.5 acre lot would be used for a separate residential building but is not proposed at this time. The plan should be revised to clearly show the boundaries of the three lots. 1 Memorandum - Planning August 9, 1988 agenda items August 5, 1988 Page 2 Layout: The new plan shows a reduction in proposed units from 52 to 38. The plan has been changed to show separate, covered parking attached to each unit. The originally approved plan shows uncovered, common parking lots. Additionally, the access road for the development has been moved 13 feet closer to the Brill property to the north. Zoning: The property is Zoned R4. The plan meets density requirements. Five units are shown be encroaching upon the conservation zone. However, the approved plan also shows several units encroaching upon the conservation zone. Why was this allowed in the approved Final Plat? Other: The plan should show more detail such as sidewalks, hydrants, sewer, water, landscaping, etc. I assume this will all be shown by the Revised Final Plat Hearing. Also, it is important that the revised Final Plat meet all the applicable stipulations attached to the prior Preliminary and Final Plat approvals. Other: See Bill Szymanski's and Chief Goddette's comments. 4) SOUTHEAST SUMMIT, DORSET STREET, SKETCH PLAN G. Milot, J. Larkin and A. Bartlett propose to construct a 392 unit planned unit development on 196.8 acres of land. Of the 196.8 acres approximately 154 are located on the west side of Dorset Street while approximately 42.8 acres are located on the east side. All 392 units would be located on the west side of Dorset Street in 98 fourplexes. The 42.8 acre parcel on the east side of Dorset Street would remain as Open Space. The closest proposed unit to Dorset Street is shown to be 780 feet from the street right-of-way. Parkland and Open Space: The development of 196.8 acres of involved land allows the Planning Commission to require a dedication of 29.5 acres (15%) of Open Space/Parkland Mr. Milot has spoken with me and Bruce O'Neill about a 12,600 square foot barn existing on the site. He said that the barn is relatively new, was hardly used, and is in very good shape. He felt that it may make a good recreational facility. Bruce RIO TO: FROM: SUBJECT: DATE: 1. C �uutb N urlingtun Fire Department 575 3gurset #treet —*uutb'Nurlingtnn, lgermnnt 054111 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDSTTE TUESDAV OCTOBER 25,1988 AGENDA ITEMS WEDNESDAV OCTOBER 19,1988 MARIE UNDERWOOD / H. GAGNON 4-LOT SUB -DIVISION SPEAR STREET THE PLANS WERE REVIEWED BV THIS DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. SUMMER WOODS PATCHEN ROAD PLANS WERE REVIEWED ON THIS PROJECT AND OVER ALL I DO NOT HAVE ANV PROBLEMS WITH THE OVER ALL DESIGN BUT I DO HAVE A CONCERN ON THE FOLLOWING: A. THE ROAD AREA WHICH ONLY 24 FOOT WIDE MUST BE MARKED NO PARKING ON EITHER SIDE. THEY ARE NOT WIDE ENOUGH TO HAVE PARKING AND TO BEABLE TO GET EQUIPMENT IN IF NEEDED. TO ALLOW ONE SIDE PARKING THE ROAD WIDTH MUST BE AT LEAST 30' WIDE. B. THERE IS STILL A PROBLEM WITH COUNTING THE GARAGE AS A PARKING SPACE. MANY PEOPLE USE THE GARAGE AS STORAGE AND IT MAKES IT SHORT OF PARKING SPACES FOR THAT AREA. RE: TUESDAV OCTOBER 25,1988 AGENDA ITEMS PAGE:2 3. OLYMPIAD EXPANSION THE PLANS HAVE BEEN REVIEWED ON THIS PROJECT AND THE FOLLOWING IS OUR CONCERN: A. THE BUILDING IS GETTING TO LARGE WITH ADDITIONS SO THAT WE ARE UNABLE TO GET PROPER ACCESS FOR EMERGENCY AT A PROPER LOCATION TO SET UP. B. IN THE PAST THE PARKING IS A PROBLEM AND NOT MAINTAINED TO ALLOW OUR EQUIPMENT IN BEYOND FAFFELL STREET FOR EMERGENCIES. 4. TUDHOPE MARINE 2069 WILLISTON ROAD PLANS WERE REVIEWED AND AT THIS TIME FOR THE SIZE OF THE PROJECT I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT IN GIVEN PROTECTION IF NEEDED. S7R£AM71 1131'16" E_ -_ ^ TN .3.3.90' s177£AM10 602.78 r N 56 4J30"W f / -- - 58.57' — s AM9 19.14 ' <s B� STREAMQ i J6 i ORl l i J4 L N 0232'41 " E N 1973'11 " W 22.52'` snPEAM7 57 72' v Jz �6° ko^ S AM6 _ r-, --50. 64'— - S71PLe 3 ?� 24 i 22 N 57*01'50" E `' -J_ - N— / 22.05 STREAMf f V7 <^ �. STREAMJ N 05 744J" W Lot A STREAM2 26.66' S Common Areo = 9.08 Acres 9 Buildings - 0.79 Acres F lP5 T-BAR2 �ryb N 4"7:?7" W-,-" r so sob 7.26' � F S7REAM7 6p\9. Ar - \ \ � �BARJ 8 No tes. ssr The building locations shown on this plan ore as located during October 1997 2 Oi'stonces from building corners to property lines are measured from the outside of the pine trim boards at the Arst floor level. Measurements that ore perpendicular to o property line are marked with the symbol �ff Measurements that are not perpendicular to o property line ore marked with a bearing. 8,034' 5 24'46'46• W J For complete boundary informotion and rood curve data, see plan by Krebs & Lansing Consulting Engineers, Mc. entitled Site Plan, Summer Woods Pfonned ommun4y'. dated March 72 7990, lost rev sod October 20, 1993. Total - 9.B9 Acres P6 .9 S S9 Op , 6' `Sp /P7 F Bar SCofe 7 - - s°' Lot A Lot Lot C t Common Area = 0.27 Acres Common Area = 0.23 Acres i „ s Buildings — 0.05 Acres Buildings - 0.05 Acres 1 40 2` 'otal = 032 Acres Total = 028 Acres J8 _ J � N ,; 122.60' 4 t 4 � 8��526 " ,�27/ / % ti ��3�aJ E 'T �7 11(}5� k / a ¢� 9B' 0o, D�S E $ `o.. hOk /e, ` /z I I � g9g, E ` Lot B .��__ �, f 39'tie �, 34 32 30 t \ 1 77 1 �6d� \ � \ r 1 -, i r 15 o°'h`' w 5 ♦ ryti L'1 _ J S 215218 W �' t z k 86. 29' I t 14 t - _ � i '�1,4ti�' � �,. � � �__ -- -- 5 06 7534 " W _ �• ,r t^ 2 S 76:39 07" E „�EC 50.00 i 36.62' 10 .N\ y�` tl-----�' ,/ '91bor h'000 N 7639'07" W �6017- �9, ` I I 26 t 54 `° /4 - _ 87. 45' ¢D B � , , � " �' mil_ �o�., � ; ( ` 4 t 24 -�� 5\rO I ill -1 4-'ti �C- �6 r� 1 14 r �� `t 22 1 �,��„` 4 6 '"--____N 54t?0'12" E - �V -Lot A o, �i,ri N ("- ryl J � !PB Certification _ This surrry is based on physical evidence found in the field �tttltgobtN, ✓fr4rr and written evidence abstracted from deeds and other pertinent �Jp`�� records .17Sis survey l5 consistentjr/ th that ROBERT evidence. This plot conforms to ;7 VIA. 140J. ! = I C. =_ �_Iy KREM o section 4' € ` ' No' 517 / � tis F /ry�i''r�ythlAtl�U� Robert C. Krebs L.L.S. "7 Jm"uarx 5 '998 Ioddcd cow Dote re.lsed Descriptior, Design URT Drawn FMPIAfRT Checked Scale 1 -50. Date Dec. 5, 1997 Proiect 8,5148 tn! C boundary, te Dings tmrt _.i Vj1 Checked I Oct. Building Locations Summer Woods Arbor A- Larch Roads South XR,MS & L4YSIIYG Consulting Sngineers, Inc. .w . /O eVain Street, Colchester, Vermont 03446 r77- r ,- COPY OF RECORDED