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BATCH - Supplemental - 0092 0248 Quarry Hill Road
September 24, 2015 Re: #SP-15-61 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sinc ely Raymond J. Belair Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com �;/Permit Number SP- I - (office use on ) APPLICATION FOR SITE PLAN REVIEW DAdministrative ❑Development Review Board All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board, 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #). Horizon Heights Homeowners Association c/o Tim Sheehan, P.O. Box 451, Williston, VT 05495 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #):y. 175 p.436-439 3. APPLICANT (Name, mailing address, phone and fax #): Horizon Heights Homeowners Association c/o Tim Sheehan, P.O. Box 451, Williston, VT 05495 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): Clifford Collins, Ruggiano Engineering Inc, 5 Lake Streer, St. Albans, VT 05478 (802) 524-9300 phone, (802) 524-9700 fax 4a. CONTACT EMAIL ADDRESS:: cliffshrugg.com 9 5. PROJECT STREET ADDRESS: 'Quarry Hill Road 6. TAX PARCEL ID # (can be obtained at Assessor's Office): #350 R 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): Previous approval lapsed. This application seeks re -approval for documentation of parking configuration and dumpster enclosure locations. b. Existing Uses on Property (including description and size of each separate use): Condominiums c. Proposed Uses on property (include description and size of each new use and existing uses to remain): d. Total building square footage on property (proposed buildings and existing buildings to remain): Unchanged Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): N/A f. Number of residential units (if applicable, new units and existing units to remain): 77 residential units g. Number of employees (existing and proposed, note office versus non -office employees): N/A h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Site Plan Application Form. Rev. 12-2011 8. LOT COVERAGE Total Parcel Size: 11 (+/-) acres Sq. Ft. a. Building: Existing % / sq. ft. Proposed % / sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing % / sq. ft. Proposed % / sq. ft. c. Front yard (along each street) Existing % / sq. ft. Proposed % / sq. ft. d. Total area to be disturbed during construction (sq. ft.) 2900 * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations) b. Landscaping: $ N/A $ N/A c. Other site improvements (please list with cost): N/A (unchanged -included in estimate for oriqinal QHC Subdivision application 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): Unchanged 11. PEAK HOURS OF OPERATION: N/A 12. PEAK DAYS OF OPERATION: N/A 13. ESTIMATED PROJECT COMPLETION DATE: Fall 2015 14. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)1 regular size copies, one reduced copy (I 1" x 17"), and one digital (PDF-format) copy of the site plan must be submitted A site plan application fee shall be paid to the City at the time Dof bmi?tti�ng the site Dplan papplication inaccordancewiththecity's�ffee schedule. , /� y Vn WI vi, /"►'►'`'``1 4W,6/101 ' Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. 3 Site Plan Application Form. Rev. 12-2011 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT/ l SIGNATURE OF PROPERTY WNER Do not write below this line PRINT NAME DATE OF SUBMISSION: I � REVIEW AUTHORITY: Development Review Board Administrative Officer I have reviewed this site plan application and find it to be: Complete mIne pl dministrative difficer Date The applicant orpermittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Site Plan Application Form. Rev. 12-2011 C , A NEW DUMPSTER ENCLOSURE Tl � DRAGE \ \\ RESTRICTED EMERGENCY ACCESS tt. QUARRY HILL ROAD `S RECREATION PATH � RICREATION PATH T--_ ::: -- --- -- — N/FDFsuuQHC T# u I%ISIIN I - j T .. CARPORTS �� T CCC lI NO EXISTING III Ir CARPORTS I \ \\ \ I 1 I Oi '' < CA0.POR15 12 I CARPORTS I Q I I ®jj - BSPACES uq 75PACE5 I II,O IPARI:BJGI 85PACES I SPACE L--------------------------------� L — — — — — — — — — — — — — — — — L----- I7 \ NEW DUMPSTERENC—URF E%ITINRAINGVED SNOW STORAGE \\ \ NEW BICYCLE RAIX - NEW DUMrSTER ENC1A5FfRE \ I SNOW STORAGE F SNOW STORAGE ( 'i MAIi. NOES fi4 1 j `� _h i 1--_—_--_— — '----------'=--- f--- �_ --1 '� 1 \ EXISTING PAVED SS r ------------- PARRINGLOT II i \ ® ® r---- UN- I I NEW BICYCLE RAGA I 1 ` F\ I I � E%LSTINGP PARKING AVED I I I ` Y I I I I I I UNTS5 l , Y I I i 1nREE SPACES PREVIOUSLY REMOVED \ L-----------------------------� I / X \ I L — — — — — — — — — — — — — / \\\\ <\\ S SNOW STORAGE I I UNDS ATl - HORIZON HEIGHTS PARKING PLAN SCALE: 1" • 30' NOTES 1.OWNFROFRECORDANDAPPLICANT: 30 0 30 50 120 HORIRONHEIGHTSCONDOASSOCIATION M BILL MARKS i r.o. Box Iss3 1. SUIID MINISTER rROPERT'LINE OINI NALI DSIM FROM PLAN ENTITLAVL, 'QUARRY HILL L_ VT. AN C MBYBOTTONPR INCTONALLANDPING. VOR5, 30 KIMBALL AVE, 50. BIBILINGTON, LEGEND VT. AND CRY OFSOUTH BURLEVGTON TAX MAPPING. •3\�� ` 3. TOTAL AREA OP HORIZON HEIGHTS CONDOMINIUMS:ll,*I-)AIXE5 �1 � n tl is i .. Urn, 3r - Nt — \t\\~\� }� -C4. PURPOSE OF PLAN: TO DOCUMENT CURRENT PARKING CONFIGURATION AND DUMrSTER ENCLOSURE LOCATIONS. 1 E%ISTING PROPERTY LINE !1 5. EARTH INGGERII. 10N5 DEPICTED ARE BASED ON FIELD OBSERVATION AND Z015 GOGGLE w �. 1 -LL UL IUIW ¢iWU1W1U111UUiILLIIIWIDWUUWWLLII \ ? s` � s nt <I l3ts " E%15TING CONTOL'�R (APPftO%J - � -- � EARTH IMAGLRY. \ �^' REVISED PLAN TO SHOW ALL PARKING AND NEW DUMPSTER ENCLOSURE LOCATIONS M-115 -.` RELOCATE PARKING SPACES AND DUMPSTERS 5S/.36/14 - UPDATE TITLE BLOCK, ADD DUMPS'1'ERS, ADD SNOW STORAGE, ADD BIKE RACKS 01m/.3 \ - — ORIGINATE DRAWING IDII/D QUARRY HILL SUBDIVISION HORIZON HEIGHTS CONDOMINIUMS OVERALL SITE PLAN QUARRY HILL ROAD, SOUTH BURLINGTON, VERMONT ' ra From: Thomas Rudick <tomrudick@yahoo.com>) 9 Sent: Tuesday, July 07, 2015 5:02 PM � ,S To: ray Cc: Francesca Hahn; Nathan Dagesse 7 Subject: Horizon Heights, Site Plan Field Change Request r Attachments: 2005105 116 HH Site Plan for SB Resubmit 053014 Site Plan_WithUpdatedFieldChanges_07_07_2015.pdf/N1 Hello Ray, We heard from Myer's today that the original site plan location of last dumpster enclosure would not work for them. They would of had no room to get the truck in/out to service that location. They agree that the new location will work for them and will allow them to back up towards the circular rotary and service this dumpster enclosure. Here is a mock up of the Field Changes needed to site plan. I have a limited Adobe .pdf viewer, so I could only add sticky notes to existing plan... I hope this drawing suffices. The changes are as follows: Yellow Star: Location of 3rd parking space after carport. I have highlighted that we won't need this new spot, now that we are keeping other 2. Red X: Old location of dumpster enclosure in original site plan. I've noted that this will now remain as 2 visitor parking spots. Green X: New location of dumpster enclosure. This does not overlap any parking spots and does not cause us to lose any parking spaces. I understand that after this work is complete that you will need us to provide an As Built, and you will be doing the final inspection for compliance certificate. Please let us know if you approve of these Field Changes so we can proceed with construction, and also let us know if there is anything else you may need. Thank you. Best Regards, Tom Thomas Rudick, HHCA President __--------- ._......_._ ______ __.._ _- From: ray <ray@sburl.com> To: Thomas Rudick <tomrudick@yahoo.com> Cc: Francesca Hahn <franjovt@aol.com>; Nathan Dagesse <ndagesse@eivtech.com> Sent: Monday, July 6, 2015 12:41 PM Subject: RE: Horizon Heights Thanks for the update. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Thomas Rudick [mailto:tomrudick@yahoo.com] Sent: Monday, July 06, 2015 12:03 PM To: ray Cc: Francesca Hahn; Nathan Dagesse Subject: Horizon Heights Hello Ray, Thanks for your time on phone this morning. I spoke with Sam Ruggiano of Ruggiano Engineering Inc. and he says they could work on an as -built once work is completed (if we choose to work with them on this, since they did original plan). Right now I am waiting to hear what Myer's has to say about the location (in approved plan, and in the new spot) to see if either or both work for them. If planned location works, then I will ask Feerick Fencing to stick with approved plan. If only new location works, then we will need to proceed with field change. I expect to hear back from Myer's tomorrow and will get back in touch with you shortly thereafter. cc: Francesca Hahn (Property Management), Nathan Dagesse (Vice President) Thanks and have a great day, Tom Thomas Rudick, HHCA President NEW DEMPSTER ENCLOSURE IN J EXISTING \`\ P.AAKING LOTS APPAO%INIATE AREA OF E ETING DU-STERS \ STAGE APPUTD APPROVW CONCEPU$KETCH PLAN PRFLIMNARY PI. AT LOCALFDIALSITEPLAN A-250 CONSTRUCTION \ SNOWSTORAGE J \\ I \\ I i I I I DOUBLE DASHEDLIFEREPRESENTSEX15TING PROPERTY LINE - RELOCATED RESTRICTED EMERGENCY ACCESS I �... "......' FACE OF NEW RUBBLE WALL _ RF.QLTST-RV HORODN HEIGHTS YREVIOU$EUl.E50F YAV LMFlI[ANU HU STOORMBMNERSTV ALLOW ROOM FOR - RESTRR-1'ED EMERGENCY ACCESS --- . , - -- -_-, N'ATERTRFATMF.NTSWAI.F. -- --' QUARRY HLLL ROAD U \ RECREAMN PATH I rnTx I I FA -- EXISTING �I Aaro -------D- - - - --------- I T E — - If CARPORTS I ws L - - - - - ----------J`1 IN - 'I L ENTRYDRIVEREMTUNDER RIVE AND RKINGL REPAVfD. NLVCRT UNDER DRIVE REPLACED NEW BICYCLE RACK PARKING LOTS .AT REQUEST OF HORIi1N1 HEIGHT$ NEW DLMPSFER ENCLOSURE P,I _ HOV. WNTIES AND SB STORMWATER UTILITY APPROXIMATEAREA OF EXISTING D--' .RS `II SNOW STORAGE __ _ ____-_._ I _ __ _ ______- _______ _� ________ __ ___ _ ---------------- L _ _. __ _ __ ______ _____ _________.__ r '. J THREERELOCAIEU J PROP05EDRELOCATWh AND -1 ONE NEW SPACE PARKING $PnCCS DummIIRF. F(M EXISTING _..-------__-``---- _------_ -, - ----- UUMYSI'EW I i NEXISTING LE RACK II .. UhTISxe-M --_--—__ �____ NEW BICYCLE RACK PARKING I. - I I UNITS 50.E1 A�- - - - - - - --- ----- - - - - - - - r j \ - \\ \ \ r 1 'RRr C- :j SiF'Jt'4I \ i i_ OVERALL SITE PLAN SCALE: 1"-200, 200 0 2D) 400 800 SNOW S"IDRP HORIZON HEIGHTS IMPROVEMENTS SCALE: 1"-30' feel 30 0 30 60 120 LEGEND PRDPOSFD EXISTING PROPERTY LINE ------- CONTOUR - - - ID- - - I I RBDGATR TH NOTES NIF DESLAURIER5 QHC LOT #1 N/F DESLAUBFRS QHC LOT 92 t \_ t 1. OWNER OF RECORD AND APPLICANT: HORIZON HEIGHTSCONDO ASSOCIATION C/O BILL MARKS I- BOX 15 3 BURLINGTON, VT 15402 2. PERIMETER PROPERTY LINE INFORMATION TAKEN FROM PLAN ENTTfLED-QUARRY HILL SUBDIVISION- BY BUTTON PROFESSIONAL LAND SURVEYORS, W KIMBALL AVE., SO. BIB .=N, WU AND CITY OF SOUTH BURLINGTON TAX MAPPING 3 TOTAL AREA OF HOR20N HEIGHTS CONDOMINIUMS 11(N-) ACRES 4. PRO! EC'1DESCRIPTION. REALIGN BXI51'ING RESIKWIED EMERGENCY ACCESS REPLACE PROPOCFA ERA. SLOPE WITH RUBBLE WALL AND PARTIAL FILL SLOPE. RFLOCATE THREE. PARKING SPACES AND ADD ONE MORE SPACE 10 EXISTING PARKIN. LOU 5, LOT COVERAGE (PAVEMENI) HAS BEEN INCREASED BY 1,5905E (BAG ACRES). TOTAL LOT COVERAGE HAS NOT BEEN CALCULATED BUT DOES NOT APPEAR TO EXCEED RWI-TREMENTS OF TI IT REGULATIONS DOE TO A LARGE AREA OF GRASS AND NATURAL VEGETATION ADDING T11E INTERSTATE BOUNDARY. RELOCATE PARKING51ADD ANDDERS, ADD UPDATE TE D BLOCK ADD DUMPSTGRS ADD SNOW STORAGE ADD BIKE RACKS ORIGINATE DRAWING QUARRY HILL SUBDIVISION HORIZON HEIGHTS CONDOMINIUMS QUARRY HILL ROAD, SOUTH BURLINGTON, VERMONT 'XUGGIANO SLEETO. 1'RO)ECf NO........200510- c— CRC DRAWN BY._.........._ngineering, inc. CHECKEDBY_.............. 5 LA KE STKFE=1" 5'1. ALB.ANS, VI-R%l V 1 05478 .SCALE ...................._......1 30' PHOYR-(802)524-930(I EAU-(F02)324-9700 DATE ................... _..01/11R7 cxPnucxT©�x-RuwwNOE:ucEVPswNc,� 1 OF 1 SHEETS . V ERMO V 1 I State of Vermont Department of Environmental Conservation Agency of Natural Resources Drinking Water and Groundwater Protection Division WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED 10 V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit Wastewater System and Potable Water Supply Rules, Effective September 29, 2007 Chapter 21, Water Supply Rules, Effective December 1, 2olo Landowner(s): Horizon Heights Condominium Association Permit Number: WW-4-1282-1 55 Leroy Road Suite 15 Williston VT 05495 This permit affects property identified as Town Tax Parcel ID # South Burlington: 1420/00350 referenced in the deed recorded in Book 176 Pages 335-372 of the Land Records in South Burlington, Vermont. This project, consisting of installing a new sanitary wastewater sewer line between Unit 58 and Unit 6o to existing main sewer line, located off Quarry Hill Road in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. i. GENERAL 1.1 The project shall be completed as shown on the following plans and/or documents prepared by Trudell Consulting Engineers, (Shane M. Mullen), with the stamped plans listed as follows: Sheet Title Plan Date C3-02 Unit 6o Sewer Diversion Site Plan 3/19/14 C8-02 Sanitary Details 3/19/14 1.2 This permit does not relieve the landowner from obtaining all other approvals and permits PRIOR to construction including, but not limited to, those that may be required from the Act 25o District Environmental Commission; the Drinking Water and Groundwater Protection Division; the Watershed Management Division; the Division of Fire Safety; the Vermont Department of Health; the Family Services Division; other State departments; or local officials. 1.3 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner and all assigns and successors in interest. The landowner shall record and index this permit in the City of South Burlington Land Records within thirty, (3o) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 1.4 The landowner shall record and index all required installation certifications and other documents that are required to -be filed under these Rules or under a specific permit condition in the City of South Burlington Land Records and ensure that copies of all certifications are sent to the Secretary. 1.5 No permit issued by the Secretary shall be valid for a substantially completed wastewater system until the Secretary receives a signed and dated certification from a Vermont Licensed Designer (or where allowed, the installer) that states: "7 hereby certify that, in the exercise of my reasonable professional judgment, the installation -related information submitted is true and correct and the wastewater system was installed in accordance with the permitted design and all the permit conditions, were inspected, were properly tested, and have successfully met those performance tests", or which otherwise satisfies the requirements of §1-3o8 and §1-911 of the referenced rules. 1.6 Each purchaser of any portion of the project shall be shown a copy of the Wastewater System and Potable Water Supply Permit and the stamped plan(s), if applicable, prior to conveyance of any portion of the project to that purchaser. Regional Offices — Barre/EssexJct./Rutland/Springfield/St. Johnsbury wastewater System and Potable Water )ply Permit WW-4-1282-1 Page 2of2 1.7 By acceptance of this permit, the landowner 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 the Vermont environmental and health statutes and regulations, and permit conditions. 1.8 Any person aggrieved by this permit may appeal to the Environmental Court within 30 days of the date of issuance of this permit in accordance with io V.S.A. Chapter 22o and the Vermont Rules of Environmental Court Proceedings. 1.9 All conditions set forth in Permit Number's WW-4-1282 and 4CO248 shall remain in effect except as amended or modified herein. 2.WASTEWATER DISPOSAL 2.1 The components of the sanitary wastewater system herein approved shall be routinely and reliably inspected during construction by a Vermont Licensed Designer (or where allowed, the installer) who shall, upon completion and prior to occupancy of the associated building, report in writing to the Drinking Water and Groundwater Protection Division that the installation was accomplished in accordance with the referenced plans and permit conditions, as specifically directed in Condition #1.5 herein. David K. Mears, Commissioner Department of Environmental Conservation Dated October 7, 2014 By , Willem E. Zabi ski, Assistant Regional Engineer Essex Regional Office Drinking Water and Groundwater Protection Division cc South Burlington Planning Commission Trudell Consulting Engineers Department of Public Safety, Division of Fire Safety �vEr�o�r State of Vermont Department of Environmental Conservation Drinldng Water and Groundwater Protection Division Essex Regional Office in West Street Essex Junction, VT 05452-4695 www.septic.vt.gov August 29, 2014 Horizon Heights Condominium Association 55 Leroy Road Suite 15 Williston VT 05495 Agency of Natural Resources [phone] 802-879-5656 [fax] 802-879-3871 RE: WW-4-1282-1, amend WW-4-1282 to install a new sanitary service line from unit 6o to existing main line located on Quarry Hill Road in South Burlington, Vermont. Dear Applicant: We received your completed application for the above -referenced project on August 28, 2014, including a fee of $180.00 paid by check #241. Under the performance standards for this program, we will have a maximum of 45 days of "in-house" time to review your application. 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 45 in-house days, please contact this office. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. If you submitted your application electronically through eDEC, your consultant will need to upload any revisions and send an email to Ernestine Chevrier, James Sandberg and the reviewer notifying us that you have resubmitted information. This email should reference both the eDEC number and the WW number for the project. For the Drinking Water and Groundwater Protection Division I�GUt��2 L >'/� Er� ier a Cheer Regional Office Coordinator cc: South Burlington Planning Commission Shane Mullen/Trudell Consulting Engineers Regional Offices — Barre/Essex Jct./Rutland/Springfield/St. Johnsbury f♦ southburlington PLANNING & ZONING July 9, 2014 Re: #SP-14-14 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. /Sincly Raymond J. Belair Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com ) �ON [ tin South PLANNING & 7.0NING I Permit Number APPLICATION FOR SITE PLAN REVIEW X Administrative Development Review Board All infonmation requested on this application must be completed in full. Failure to provide the requested information either on this application lorm or on the site plan will result in your application being rejected and a delay in the review before the Development Review Boil -Li. I. OWNER OF RECORD (Name as shown on deed. mailing address. phone and fax 4) Horizon Heights Homeowners Association, c/o Tim Sheehan, P.O. Box 451, Williston, VT 05495 LOCATION OF LAST RECORDED DEED (Book and pafe 4) 175 p. 436-439 3. APPLICANT (Name, mailing address, phone and fax #) Horizon Heights Homeowners Association, c/o Tim Sheehan, P.O. Box 451, Williston, VT 05495 4. CONTACT PERSON (Name, mailing address, phone and fax #) Clifford Collins, Ruggiano Engineering Inc, 5 Lake Street, St. Albans, VT 05478 (802) 524-9300 phone, (802) 524-9700fax a. Contact e-mail address: cliff@shrugg.com 5. PROJECT STREET ADDRESS: ,i54Quarry Hill Road 7�- aY8 6. TAX PARCEL ID # (can he obtained at Assessor's Office) 9350 R 7. PROJECT DESCRIPTION a. General Project Description (explain 1diat you %leant the approval for): The previous approval lapsed This application seeks re approval for Changes to Horizon Heights Emergency Access and Parking Lot (originally approved 04/20/11) 1. Realign existing restricted emergency access to maintain previous size and slope. 1 ./ 2. Relocate three parking spaces. 3. Add one parking space. 4. Change proposed fill slope from new Quarry Hill Road to a combination of rubble wall and fill slope. b. Existing Uses on Property (including description and size of each separate use) Condominiums c. Proposed Uses on property (include description and sire of each new use and existing uses to remain) d. Total building square footage on propert% (proposed buildings and existing buildings to remain) Unchanged e. I leight of building & number of floors (proposed buildings and existing buildings to remain. specify if basement and mezzanine) N/A f. Number of residential twits (if applicable. new units and existing units to remain) 77 Existing residential units Number of employees &company vehicles (existing and proposed. note office versus non -office employees): N/A h. Other (list any other information pertinent to this application not specifically requested above. please note if Overlay Districts are applicable): 8. LOT COVERAGE, Slightly increased (0.04 acres) d. Total area to be disturbed during construction (sq. ft.) * 2900 ± SF * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more that one acre require a permit From the Vermont Department of Environmental Conservation. O. COST ESTIMATES it. BLI]I lin' 611rluding interiorrenoyations): N/A b. Landscapin-: N/A c. Other site improvements (please Iist with cost): N/A (unchanged -included in estimate for original QHC Subdivision application) 10. ESTIMATED TRAFFIC 2 a. P.M. Peak how• for entire property (hi and out): Unchanged 11. PEAK HOURS OF OPERATION: N/A 12. PEAK DAYS OF OPERATION: N/A 13. ESTIMATED PROJECT COMPLETION DATE: Summer 2014 14. PLANS AND FEE A Site Plan shall be submitted which shows the information required by the Citv's Land Development Regulations. Hve(-5)' regular size copies and tine reduced copy ( I V* N 17"), and one digital (1113F tormat) copy of the plans must he submitted. A Site Plan application fee shall be paid to the City at the time ol'submitting the application in accordance N% ith the City's Ice 1 Administrative: Site Plan applications require ffirce (3) regular size copies. one reduced copy 1'*x 17"). and one digital (PDF format) copy. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS Notitic-ation of adjoining property ovvners. in accordance with 24 V.S.A §446-l(a) and Section 17.06(B) of the South Burl in -ton Land Development Regulations. is the responsibility of the applicant. After deeming an application complete. the I Administrative Officer will provide the applicant with a draft meeting agenda or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part orthis application has been submitted and is accurate, to the best of my knokvIedue. SIGNATURE OF APPLICANT l"RINTNAME Do not write below this line DATE' OF SUBMISSION: I have reviewed this final plat application and find it to be: t�Cornp'i I r--1 The applic-ani or Im-millee r-e iains the obligolion to klenlilj.-, qyy)�vfim% an(I obtain i-elevant stole jwi°mils Ifin- this 1,)rqjec-1. Coll (80-1) 8 1-9-56 16 to,sire oak with Me regional Permit Sj)eciedhvt. 4 STAGE APPLIED ArIROVED CO\I'IPIFSEE IIN PUN PRELIMINARY PUT LOC AL FINAI. SITE PLAN ACT n0 CONSTRLCPON V AT1T11/ \ —Mi— v� DOIRLE DASIIFit LLNE RRRI'.SE\-IS FJ9YIwl: PROPERTY LPIE RELOCAIEDRLtiTRICTEDFMER(:F-N<l'ACCFA - - r � FACE OF NEW RLE''EEWA LL.WALL REQUESTED BYH RU".O ROOM IS — PREVIOUSEDGESOFPAVEMENTAND \ -- -- -- I IFMIFOWNFRSTOA1I t1W NOOM FOR - RESTRICTED EMFRGENCI ACc'I'-Sti - -- ---- STORMWATERTRFAI STENT SWALE --- - Ql ARRY DILL ROAD -------_-- II--------------- — — — — — — — — — — — — L — — — — — — — — — — — — — — — — L-------- RVO FJ(ISFw'G SPAC'F.S REL<x'At'I:D SIR:IRI.Y ENTRYDRIVEREGRADED,C I R UDAND W-M REPAVED.CULVERT NDFRDWEREPLACDI NEWBICYCLERA(T PARAIN'G LOE AT REQUEST OF HORIZON HEIGHTS NFRS AND SB StORMWATFNEW Dl'M Itil FA EYL LOSIRE IN fRVR ITItIrv. AP` AREA OF 1'. MSTEN'G iOME( -1 I -mil f-� DL.TAI'STFRS 1 L__ I �I I I I ------------ ONFNIWSPACE _ ---, \-------------{----------- I -----------------, i r I NEW BR'YCLE RACK fI I r----'l o'rrsa 41 uNNY u.n j EXISnN(t i I I PARISN(:"I I \ I T I I I -----------------� I 9 Nll I'VM SS\ Y GL OVERALL SITE PLAN SCALE'.: V - 200' 2lHI II 2(XI 41X) RUN HORIZON HEIGHTS IMPROVEMENTS SL'M.E: V - 30' feet 30 0 31) 60 120 LEGEND PROPOSED Ensrwc PROPERTY NINE—__—__— COMOLR TP BIFE RF i CXA rm PARRENGSPACES - II DCLOT !t,SL.CRIERS QHi -------------- NA'OIItiLAIIRi[RS QHC LOT 82 SNCW STCRAI;F. \ 11 \\ r I PROPOSED RELO(A DON AND I \ I FNCL(SLRF. FOREXI:11N1: i I 9NO —DIMEtER=— II ) J\ WSTORAGE I -------1 \ I N SIB1 1 I \\ rpaEXInvac LDIY ; \ EW BII'vcrr RACL --� RELCX'ATE TIRtEF.SPACE RECEIVED JUN 20 2014 City of So. Burlington RECEIYZD- JUN 0 6 1014 City of So. BIrimgtor NOTES L OWNER OF RE'ORII AND A PPLICAN'T: HCRVON NEIGH, , CONDO A SOCIATION CaONLL NM-1 —BOX-1 Bt%mGION, VI'WIC 2. PERIMETER IRSPFRTY LINE, wrORMArION IAKEN FROM PLAN ENTFI'LED "QUARRY HILT. SIRDNIMON-BYBUffONPROFESSIONALLANDSIIRVEYORY,20MT AI.1.AVE.SO. BLRUN'GTON, Vr. AND CTTY(i", IN BIRILNCNON TAX MAPPING. 1. 111IAl- All (11 DORVII.\ HFA;TIPS ION OMINIL'MS:II IN-) ACRES 6. IROIECIDEC'RIPIION: RFA U(;N EXISI'wG RESTRICTED EMERGENCY ACCESS. REPLACE PROPOSED RLL SLOPE WNH RIRBLE WALL AND PARTIAL RLL SLOPE. RELOCATE THREE PARRRJG SPACES AND ADD ON F MORE SPACETO EXISTING PARM(; LOP S LOI COVERAGE (PAVEMEN I) HAS BEEN INCREASED BY I,- SF (BRI ACRES). IOTA L LOI' COVIRAGE HAS NOI' BEEN CALCI IATED BLR DOES NOT' APPEAR ID EXCEED RF.QLMEMENTS OI rilF RE[;L IATONS DIE TO A URGE AREA OF GRASS AND NATLRAL V.ETA DON AI ONL: THE w IERSTATE BOINDARS'. RELIX'Art PARRTNG SPAC.FS AND IIUMPSIERS BS/Ryld LTI)AI F"PINE BLOCL, ADD DIN- I-, ADDYNOWSTORAGE, ADD EWE RAI'IS mmW ORI ;INA IF. DRA WNI; 01 11 QUARRY HILL SUBDIVISION HORIZON HEIGHTS CONDOMINIUMS QUARRY HILL ROAD, SOUTH BURLINGTON, VERMONT UGGIANO SI TEEF NO. j PROJECT' NO........2W5105 c— IANb,ngineering, Inc. URAWNRY..... _.._... SIM cllEca�.nav...51AKF.S'1REEII U1VERMONI IGIix :•LAP 1... _.___..__......... 1-30 PIR)NF. (R02)52"3110 FAX-(W)2)524-971D DATE_._. ........_... 011IM1 c. rrcuart"1520D PIANO GU G.U.N., Wl. 1 Of 1 SHLETS ray From: Shane M. Mullen, P.E. <Shane.Mullen@tcevt.com> Sent: Tuesday, April 08, 2014 11:10 AM To: ray Cc: ndagesse@eivtech.com Subject: RE: Horizon Heights DRB Decision Ray, The HHCA asked me to follow up with you on the stormwater issue. The work required to come into compliance with the 3-9030 permit (for which site plan approval was sought from South Burlington) is the swale improvement and catch basin cleaning. Swale improvement was completed last winter, and P&P Septic cleaned the catch basins on Monday. With that work completed, the site has completed the item identified in the state stormwater permit and the approval from South Burlington. Let me know if you have any questions. Regards, From: ray [mailto:ray@sburl.com] Sent: Friday, April 04, 2014 10:38 AM To: Shane M. Mullen, P.E. Subject: Horizon Heights DRB Decision Shane, Per your request, see attached. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. Ifyou have received this message in error, please notify us immediately by return email. Thank you for your cooperation. Law Office of Richard J. Fox PLLC Richard J. Fox October 28, 2011 VIA FIRST CLASS U.S. MAIL Ralph Deslauriers Cupola Golf Course, Inc. 360 Spear Street John Larkin John Larkin, Inc. 410 Shelburne Road South Burlington, VT 05403 South Burlington, VT 05403 Re: Quarry Hill Subdivision — Horizon Heights MOU Gentlemen: Admitted in VT and MA This firm represents the Horizon Heights Condominium Association (the "Association"). In April of 2010 the Association entered into a Memorandum of Understanding ("MOU") with your corporations wherein it agreed to allow access and modification of its property in the course of your development of the Quarry Hill subdivision. In exchange for said access, your corporations agreed to certain terms and conditions, particularly as related to the relocation and construction of the entrance ramp to Horizon Heights as well as a stone retaining wall. Over the ensuing year, the Association has observed marked deficiencies in the construction of the entrance ramp to Horizon Heights as well as the stone retaining wall and has brought these to your attention. Throughout this time the Association has attempted to work with you and your agents to address these concerns in a way which does not unnecessarily impede your project's progress while ensuring the terms of the MOU are followed so as to avoid damage to the Association's interests. Unfortunately, despite the efforts of the Association, these breaches of the MOU have not been addressed. Rather, your engineer Llewellyn & Howley has stated that proper compliance with the MOU, which it reviewed and had every opportunity to amend or revise, has been impossible from the beginning. As a result of this position, the Association has been, and continues to be harmed, by your failing to comply with the MOU. Enclosed herein is the Complaint which the Association has authorized me to present to you for review before the Association files it in Superior Court. Given the lack of any positive action to date, my clients feel that unless tangible progress is made towards addressing the non-compliance with the MOU, court action is unavoidable. 26 Railroad Avenue, Essex Junction, Vermont 05452 writer's phone: (802)879-7106 writer's fax: (802)879-0408 E-mail: rfox@foxlawvt.com Accordingly, I ask that you review this Complaint and the issues raised therein and meet with the Association not later than November 30, 2011 to identify and schedule real solutions to the issues raised (i.e., re -construction and repairs to the retaining wall, re -grading and repairs to the access and its pavement). If you are unable or otherwise decline to work with the Association in resolving these matters outside of court action, then the Association will proceed with filing the Complaint and seek all injunctive and monetary relief to which it is entitled, as well as complete recovery of costs and fees incurred in preserving its rights as contemplated in the MOU. Sincerely yours, Richard J. Fox RJ F/bmh Cc: Horizon Heights Condominium Association City of South Burlington Department of Planning and Zoning 26 Railroad Avenue, Essex Junction, Vermont 05452 writer's phone: (802)879-7106 writer's fax: (802)879-0408 E-mail: rfox@foxlawvt.com STATE OF VERMONT SUPERIOR COURT Chittenden Unit HORIZON HEIGHTS CONDOMINIUM ASSOCIATION, Plaintiff, LV CUPOLA GOLF COURSE, INC., d/b/a Quarry Hill Subdivision, JOHN LARKIN, INC., d/b/a Larkin Realty, Defendants CIVIL DIVISION Docket No. PLAINTIFF'S COMPLAINT NOW COMES Plaintiff Horizon Heights Condominium Association, by and through its attorneys the Law Office of Richard J. Fox PLLC, and hereby brings this Complaint against Defendants Cupola Golf Course, Inc., and John Larkin, Inc. as follows: Plaintiff, Horizon Heights Condominium Association ("HHCA"), is a corporation existing and organized under the laws of the State of Vermont with its principal place of business in South Burlington, County of Chittenden and State of Vermont. Defendant, Cupola Golf Course, Inc. ("Cupola") is a corporation existing and organized under the laws of the State of Vermont with its principal place of business in South Burlington, County of Chittenden and State of Vermont. Defendant, John Larkin, Inc. ("Larkin") is a corporation existing and organized under the laws of the State of Vermont with its principal place of business in South Burlington, County of Chittenden and State of Vermont. Cupola is the record owner of a parcel of land located off of Quarry Hill Road in South Burlington which is adjacent to the lands and premises of HHCA. 1 Law Office of Richard J. Fox PLLC 26 Railroad Avenue, Essex Junction, Vermont 05452 Telephone: (802) 879-7I06 Facsimile: (802) 879-0408 i ✓f-j f c Fdti�w.�„o Yap COPY �fS � `d u�c'i(r•S� , VATC } 6. Cupola, doing business as Quarry Hill Subdivision ("Quarry Hill") and Larkin, doing business as Larkin Realty, have been developing this parcel into what is known as the Quarry Hill Subdivision, which will contain multiple residential units. In February 2010 HHCA noted that Cupola and Larkin's construction of Quarry Hill was infringing on HHCA property without authorization from HHCA. 8. On or about February 8, 2010, HHCA contacted Cupola and Larkin and asked it to stop all construction activities on HHCA property. 9. On or about February 17, 2010 HHCA, through its attorneys, sent a Cease and Desist notice to Cupola, Larkin, and their contractor S.D. Ireland ("Ireland"), in which HHCA demanded that Cupola and Larkin stop all construction activities on HHCA property. 10. Subsequent to these notices, Cupola, Larkin, and HHCA met to discuss the construction, at which time Cupola and Larkin identified multiple parts of the construction project which were to occur upon or directly affect HHCA property. ] 1. These parts included, inter alia, the need to raise the surface level of Quarry Hill Road; the need to change the location and grade of HHCA's access drives accessing Quarry Hill Road; and the need to construct a retaining wall on HHCA's property bordering the south side of Quarry Hill Road. 12. In consultation with Cupola and Larkin's engineers Llewellyn & Howley ("L&H"), HHCA's engineer prepared specifications for the relocation and re -grading of its access drives as well as specifications for the construction of the retaining wall. 13. HHCA's engineer made sure that the new access drive was no steeper than its current configuration, which was HHCA's major concern with the construction project. 14. Furthermore, HHCA's Engineer made sure that its design for the boulder wall would allow it to be built in such a way as to be safe, easy to maintain and properly constructed. 15. These major concerns were brought fourth to Cupola and Larkin and were incorporated in the new plans and specifications. 2 Law Office of Richard J. Fox PLLC 26 Railroad Avenue, Essex Junction, Vermont 05452 Telephone: (802) 879-7106 Facsimile: (802) 879-0408 13. L&H reviewed these specifications without noting any concerns and submitted them to the City of South Burlington. 14. The City approved the specifications as an amendment to the plan of record for the Quarry Hill Subdivision. 15. Subsequently, in April 2010, Cupola, Larkin, and HHCA entered into a Memorandum of Understanding ("MOU") whereby Cupola and Larkin agreed to construct the retaining wall and the access drives pursuant to the specifications. See MOU (Ex. A). 16. Pursuant to Section 2.3 of the MOU, "[a]ny modification of this Memorandum shall only be binding if evidenced in writing and signed by each party to the agreement." 17. In consideration for Cupola and Larkin's agreement, HHCA consented to Cupola and Larkin's construction on HHCA property and granted them a construction easement allowing work upon HHCA property. See id. 18. In the Summer of 2010, HHCA observed the construction of the retaining wall and relocation and re -grading of the access drives and noted that the work done by Cupola and Larkin was not in conformance with the specifications identified in the MOU. 19. HHCA pointed out the non -conforming work to Ireland on multiple occasions, but Ireland took no apparent action. 20. Indeed, each time HHCA brought forth the nonconformance Cupola and Larkin or their agents told HHCA to wait for the final product "because it is too hard to tell during construction since many of the final touches (such as pavement and final topsoil grading) are the important items being inspected". 21. Based upon these assurances from Cupola and Larkin, HHCA agreed that it would wait until the construction was complete to determine if the construction was being performed in accordance with the specifications of the MOU. 22. Despite these assurances, and despite the clear specifications, upon completion of the 3 Law Office of Richard J. Fox PLLC 26 Railroad Avenue, Essex Junction, Vermont 05452 Telephone: (802) 879-7106 Facsimile: (802) 879-0408 E boulder wall and the access drives it was apparent to HHCA that the construction was still not in compliance with the MOU. 23. On or about July 1, 2010, HHCA, through its attorneys, notified Cupola and Larkin of these failures to comply with the MOU. Specifically, HHCA stated: SD Ireland has not built the boulder wall per the plan identified in the MOU. This was noted multiple times to SD Ireland in the field with little regard. The boulder wall is too tall and does not have a second tier. Not only is this a breach of the MOU, but it is a severe safety concern. SD Ireland has not built the exit ramp per plan identified in the MOU. The grading and height of the exit ramp does not match the contractual plans. The slope of the exit ramp's side hills are also extremely steep causing a major safety concern. (emphasis added). 24. Despite this letter, neither Cupola nor Larkin took any action to address the nonconformance. 25. On or about November 16, 2010, HHCA, through its attorneys, again notified Cupola and Larkin of these failures to comply with the MOU and identified specific concerns: 1.) Entrance slope - The design as set forth in the MOU set forth an 11-12.5% slope on the entrance, which was similar to the existing slope before construction. Currently, the average slope of the entryway is 14.23%, with part of the entryway (at its steepest point) being a slope of 17.70%, which is very far from the 11-12.5% as designed. A slope of this degree, aside from not conforming to the MOU, poses significant safety issues for winter travel, so timely resolution is important. 2.) Boulder wall and Bike path Slope - The boulder wall was not built as per the MOU: instead of two (2) retaining walls, with a mowable swath between them, there is only one (1) retaining wall, which at points exceeds five feet (5') in height and no readily mowable ground beneath it. Further, the slope from the top of the bike path is extremely steep and very dangerous, which raises concerns about safety and liability. 3.) Emergency exit - It may not be suitable for a fire truck's use due to its angle and an apparent blind spot. The Association is asking the City of South Burlington Fire Department to confirm that it meets all fire and safety requirements and is built per plan before acceptance by the Association. 26. In response HHCA's November 26, 2010 letter, L&H wrote a letter on behalf of Cupola and Larkin, dated December 21, 2010, in which it asserted that it did not agree that the construction of the retaining wall and the access drives breached the MOU, and further alleged 4 Law Office of Richard J. Fox PLLC 26 Railroad Avenue, Essex Junction, Vermont 05452 Telephone: (802) 879-7106 Facsimile: (802) 879-0408 that all the differences between the MOU specifications and the construction as built had been approved by HHCA. 27. In an effort to more fully discuss its concerns, HHCA asked to meet with Cupola and Larkin. 28. On January 20, 2011, the parties met and discussed the issues raised by HHCA and Cupola and Larkin's response. 29. During the meeting, it became apparent that the L&H agreed that the entrance slope was not built per plan. He nevertheless insisted that despite his earlier review and approval of the specifications, it "was never possible" to build it this way. 30. Despite these meetings, Cupola and Larkin declined to take any action to address HHCA's concerns. COUNT I — Breach of Contract: Failure to Construct Accesses As Per MOU 31. Plaintiff re -alleges 1-30 as if set forth at length. 32. Cupola and Larkin, by themselves and through their agents, failed to construct the accesses in accordance with the specifications set forth in the MOU. 33. Specifically, Cupola and Larkin re -built HHCA's main access drive at a grade steeper than designed. 34. The increased grade creates a blind spot for drivers exiting HHCA onto Quarry Hill Road, making that intersection unsafe. 35. The increased grade will also be more difficult to drive up in winter conditions than the original access drive. 36. The increased drive makes it more difficult to maintain. Sections of new pavement have already failed and slid downhill, creating numerous potholes and cracks. 37. Cupola and Larkin did not request that HHCA allow deviation from the MOU. 5 Law Office of Richard J. Fox PLLC 26 Railroad Avenue, Essex Junction, Vermont 05452 Telephone: (802) 879-7106 Facsimile: (802) 879-0408 38. Cupola and Larkin did not obtain written approval of the changes resulting in the deviation from the MOU, as required by the MOU. COUNT II —Breach of Contract: Failure to Construct Retaining Wall As Per MOU 39. Plaintiff re -alleges 1-38 as if set forth at length. 40. Cupola and Larkin, by themselves and through their agents, failed to construct the retaining wall in accordance with the specifications set forth in the MOU. 41. The retaining wall, as designed, was to be terraced down the slope from Quarry Hill Road down onto the HHCA property. 42. This would result in two walls, each no more than 3 feet in height, separated by a sloped plain. 43. The original HHCA design was intended to allow maintenance and mowing of the slope, as well as be safer than a high single wall. 44. The retaining wall as constructed, however, is a single wall over 5 feet high which is a greater hazard than the designed wall, as well as more difficult to maintain and landscape. 45. HHCA's landscape company will no longer mow this slope, as they have stated that it is impossible to safely mow. 46. Cupola and Larkin did not request that HHCA allow deviation from the MOU. 47. Cupola and Larkin did not obtain written approval of the changes resulting in the deviation from the MOU, as required by the MOU. COUNT III — Breach of Contract: Defective Workmanship 48. Plaintiff re -alleges 1-47 as if set forth at length. 49. Since the completion of the retaining wall, multiple stones and boulders which make up the wall have come loose and rolled down the slope from Quarry Hill Road. 50. The removal of these stones compromises the integrity of the retaining wall, potentially 6 Law Office of Richard J. Fox PLLC 26 Railroad Avenue, Essex Junction, Vermont 05452 Telephone: (802) 879-7106 Facsimile: (802) 879-0408 rendering it unsafe. 51. These rolling of these stones onto HHCA property frequented by residents, i.e., the parking lot, is a safety hazard. 52. The construction of the retaining wall was not completed in a workmanlike manner, as evidenced by the movement of these stones. COUNT IV — Breach of Contract: Failure to Maintain and Repair As Per MOU 53. Plaintiff re -alleges 1-52 as if set forth at length. 54. Pursuant to Paragraph 8 of the MOU: Quarry Hill and Larkin Realty, upon completion of the construction contemplated within this Memorandum, shall solely bear the cost and responsibility of the maintenance, erosion control, and repair and similar expenses of the maintenance of those improvements, including but not limited to the boulder retaining wall to be constructed upon the Horizon Heights property as described in Exhibit A, for a period of three (3) years after the completion of such work.. The repairs and maintenance to be undertaken are normal repairs and maintenance so that the wall shall be structurally sound and not adversely impact or otherwise affect the use of the Horizon Heights property by Horizon Heights and its owners. 55. Cupola and Larkin have failed to repair the retaining wall, despite numerous stones rolling away from the wall and HHCA having notified them of this fact. COUNT V — Breach of the Duty of Good Faith and Fair Dealing 56. Plaintiff re -alleges 1-55 as if set forth at length. 57. Pursuant to Section 2.3 of the MOU, "[a]ny modification of this Memorandum shall only be binding if evidenced in writing and signed by each party to the agreement." 58. Cupola and Larkin did not request that HHCA allow deviations from the MOU. 59. Cupola and Larkin did not obtain written approval of the changes resulting in the deviation from the MOU. 7 Law Office of Richard J. Fox PLLC 26 Railroad Avenue, Essex Junction, Vermont 05452 Telephone: (802) 879-7106 Facsimile: (802) 879-0408 WHEREFORE, Plaintiff requests the honorable court to grant the following: 1. Judgment against Defendants for those damages to be established at trial; and 2. Reasonable attorneys' fees as allowed by the MOU; and 3. Such other further relief as the honorable court deems just and proper. DATED at Essex Junction, Vermont this _ day of October, 201 1. Richard J. Fox, Esq. Attorney for Plaintiff 8 Law Office of Richard J. Fox PLLC 26 Railroad Avenue, Essex Junction, Vermont 05452 Telephone: (802) 879-7106 Facsimile: (802) 879-0408 iW® r � southburfington PLANNING & ZONING October 24, 2011 Skip McClellan Llewellyn -Howley Inc. 20 Kimball Avenue, Ste. 202N So. Burlington, VT 05403 Re: Expiration of #SP-11-15, 350 Quarry Hill Road Dear Mr. McClellan: Please be advised that site plan approval #SP-11-15 issued to Horizon Heights Homeowners Association for site modifications at 350 Quarry Hill Road on 4/20/11 has expired. This approval expired due to noncompliance with condition #4 of said decision which required that a zoning permit be issued for this work within six (6) months of the date of the decision. Therefore, you must resubmit a site plan review application for this project as soon as possible. Should you have any questions, please feel free to contact me. Sinc y, Raymond 3. Belair Administrative Officer cc: Bill Marks 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846,4101 www,sburl.com April 20, 2011 Re: #SP-11-15 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning your recent application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months If you have any questions, please contact me. Sincerely, Raymond J. lelair 4.1 Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburf.com RN0 ���� PLANNING & ZONING Permit Number SD - APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1.OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Horizon Heights Homeowners Association, c/o Bill Marks, P.O. Box 1553, Burlington, VT 05402 2. LOCATION OF LAST RECORDED DEED (Book and page #) v. 175 p. 436-439 3. APPLICANT (Name, mailing address, phone and fax #) Horizon Heights Homeowners Association, c/o Bill Marks, P.O. Box 1553, Burlington, VT 05402 4. CONTACT PERSON (Name, mailing address, phone and fax #) Skip McClellan, Llewellyn -Howley Inc, 20 Kimball Ave. Suite 202N, So Burlington, VT (802) 658-2100v, (802) 658-2882f a. Contact e-mail address: slm@lhinc.net 5. PROJECT STREET ADDRESS: 350 Quarry Hill Road 6. TAX PARCEL ID # (can be obtained at Assessor's Office) #350 R 7. PROJECT DESCRIPTION a. General Project Description (explain what you want the approval for): This Application seeks approval for: Changes to Horizon Heights Emergency Access and Parking Lot 1. Realign existing restricted emergency access to maintain previous size and slope. 2. Relocate three parking spaces. 3. Add one parking space. 4. Change proposed fill slope from new Quarry Hill Road to a combination of rubble wall and fill slope. b. Existing Uses on Property (including description and size of each separate use) Condominiums c. Proposed Uses on property (include description and size of each new use and existing uses to remain) d. Total building square footage on property (proposed buildings and existing buildings to remain) Unchanged e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) N/A f. Number of residential units (if applicable, new units and existing units to remain) 77 Existing residential units g. Number of employees & company vehicles (existing and proposed, note office versus non -office employees): N/A h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8. LOT COVERAGE Slightly increased (0.04 acres) d. Total area to be disturbed during construction (sq. ft.) 2900 ± SF * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more that one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): N/A b. Landscaping: N/A c. Other site improvements (please list with cost): N/A (unchanged -included in estimate for original QHC Subdivision application) 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): Unchanged 11. PEAK HOURS OF OPERATION: N/A 2 12. PEAK DAYS OF OPERATION: N/A 13. ESTIMATED PROJECT COMPLETION DATE: Summer 2010 14. OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES: (this shall be provided on a separate attached sheet and on pre -stamped and pre - addressed envelopes. The City will add the return addresses). John Larkin Ralph Deslauriers State of Vermont Larkin Realty 360 Spear Street Agency of Transportation 410 Shelburne Road So Bulington, VT 05403 133 State Street South Burlington, VT Montpelier, VT 05633 UVM & State Agricultural College do Campus Planning 109 So. Prospect St. Burlington, VT 05405 Dunne 364 Spear St South Burlington, VT 15. SITE PLAN AND FEE A Site Plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies and one reduced copy (I I" x 1.7") of the plans must be submitted. A Site Plan application fee shall be paid to the City at the time of submitting the Site Plan application in accordance with the City's fee schedule. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. tJ SIGNATURE OF APPLICANT PRINT NAME SIGNATURE OF PROPERTY OWNER PRINT NAME SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this final plat application and find it to be: e Complete 117 ❑ incomplete of Planning & Zoning or Designee 4 I' 301-8r nI PRINT NAME b� Double dashed It,, represents existing property line Face of new rubble wall. Wall requested by Horizon heights Homeownere to allow room for storrnwoter treatment swole. QUARRY HILL ROAD -- ---- - �-----------L--------------- ---------z ------------- F -----------� I i i I I Exutua cavwu E.wt s casue. I I E. a mane t- Entry drive regraded, curbed and repaced. Culvert under drive replaced at request of SB Stormwoter Utility. ------------------------------� I I II I unite 1h2e I I I II I I I L------------------------------ ----------------------------- II II U.0 2e-sT I I � II I I L-----------------------------� Relocated restricted emergency access Previous edges of povementand restricted emergency access ---------------------- _{------- -----� One new space � One relocated space Two relocated spaces J ------- -----------------, Unit. DO-61 I I I I I I I Relocate three spaces -J N/T Deslaurixs QHC Lot #1 ---- ......... , Double dashed line represents existing property line Notes 1. Owner or Record ond Applicant Hod— Height. Condo A sedation /e But AIaM. P.O. Box 15M Burlington. VT 03/02 2. Perl—ter property line Int—tion taken corn plan en titl.d 'Oumry HM SubcOW.W' by Button Profetstond two S—yort, 20 Kknbdl A—!!. Bwlington. Vr. and City of South Burlington Tax mapping. I Tatd Area of Hodzm Heights Condominlume 11 (+/-) aa.s e. Pmisct Deecrlptbn Rtollgn eNNing mtricted emergency.ones Replace Proposed col Napa with rvbble wall and partld RII slope. Relocate thin Parking .paces and add on coon space to exMtln9 polling at. a Let a—orouxage(pov V) has been Marsassd by 1.rs90 let tott (O. a omt). iotd lot rpuroquk—ta of s due to a � amat�f groout ss d not—i mg.tafkn al-g he Inte sfatehs boundary. N/F Deelourl— QHC Lot #2 it it V-4iI►�►�Q southburfington PLANNING & ZONING March 2,_ 2011 Horizon Heights Condo Association c/o Nathan B. Dagesse PO Box 222 Waterbury Center, VT 05677 Re: Extension of #SP-10-52 Dear Mr. Dagesse: Please be advised that the So. Burlington Development Review Board at their March 1, 2011 meeting granted your request for a six (6) month extension to the expiration date of site plan approval #SP-10-52 which was approved on September 10, 2010. You now have until September 10, 2011 to obtain a zoning permit to begin construction on your project. Should you have any questions, please feel free to contact me. AnSincerI"y*air d J. B Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Horizon Heights Condo Association Attn: Nathan Dagesse PO Box 222 Waterbury Center, VT 05677 February 17, 2011 South Burlington Planning and Zoning Department Zoning Administrator 575 Dorset Street South Burlington, VT 05403 Dear Ray and/or Paul: I/itcoPy The Horizon Heights Condo Association (HHCA) would like to formally request a 6 month extension of time for obtaining a zoning permit for application # SP-10-52 following section 14.05(H) of the City of South Burlington Land Development Regulations. The motivation for this extension is the following; 1.) In accordance with the ANR Permit for the new Storm water Discharge regulations, HHCA has 18 months from July 13, 2010 to implement the new swale system as shown in the application to the city. It makes the most sense from a construction and scheduling standpoint to implement the new swale this coming fall, which would take longer than the 6 month time limit for the zoning permit(if obtained now). This extension will allow HHCA to implement the swale this coming fall. 2.) Larkin and Quarry Hill (QH) have constructed a new road (Quarry Hill Road) adjacent to the HHCA property line which has negatively impacted HHCA and was not built according to a certain agreement held between HHCA and Larkin/QH. Larkin/QH also failed to obtain zoning permits from the City for this work, therefore they are in the process of getting permits for work already performed on the property. Because of the uncertainty with the work performed on our property by Larkin/QH, and the possibility of having this work re -done in accordance with the said agreement, an extension of time will help HHCA better prepare for future construction/changes/permits as needed. Thank you for your prompt consideration of this matter. Sincerely, Nathan B. Dagesse Horizon Heights Board of Directors, Vice President Cf, �z,/r� �E�✓�C �tTT Law�Jo /� s Sv G. IVAT ^^ �a4►+ES5 �� Po aox btu 2z0"IoJc, 45MI^xs112A'Ry,ROf POA-2--rJN IfEIG-03'S CQAJOo his Soc. IA-7iv- vo"L-13 L4 TD ec Qv,!c�sT o+ 6, Au vr7� EkT s, p t= ��J,2 �� -iv pl6�i� �,r�, �VG- �� � � TS �✓2 F`tCbi `, -/7t5�'- rf7'U tf m j G6.1 'Ajf //`GG GNU TS i .D c-' 7 C .��✓v TL!- `Tl��'/h �� �� cZ /J 8 VeLING-T"l.� ►2 �Ns7vevC-Il c/,/CL ," oAj / AJ&- ,���2r� 1 T 1 S a,a 7¢17-,,v e r/-/l S % 5 S or/-U jrySET P(J Tb C vPt-r\P—(Y tL �E5u1.7YNG- iiv C,4AJS,41-7s,9:-�C-73Ye`f Cg7UGe-s 70 /N c - �,,Wopo&)f'Zi'. w6 p- C7 - ,�Vifcc/,4 OF '77/-tF �c--n U-OL-LZ 7177t-464F &� a n/ F CU L Lo LA J I iv G. 9, 0- S7- CH-) d . �tL, �fi1Y0 D�7.oP•��,..�-- 'eG- . �s} Interested Persons Record and Service List V 6HM D N T Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. 4471(c). HEARING DATE: C9--_ 6>O PLEASE PRINT CLEARLYf F NAME MAILING ADDRESS PROJECT OF INTEREST LO L) �jiLVj ��bb j v� `I (0 �sX G ��S S cod V(o 56e- �'Q7,JeO Of CAA 1 0 " (— RV r 5"x Lf �03 s" o�Ym � � f s ISM Dv —'A, Mal L6m �� �� 0 PC- Interested Persons Record an d Service List ., ..IrF!d p NT Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: 0 6, ' 1 �,olt> PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST -Dd-44z M.4-Xswo ,,L ld NIs►wLsFtE1.p V (�.t4/ �& ZIP (06, 51. A c.e �o Interested Persons Record and Service �^ ice List Ei+.MO.JT Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471 {c). HEARING DATE: PLEASE PRINT CLEARLY! NAME nn All IA1n ,�� O. ST%TZEL, PAGE & FLETCHER, PC. ATTORNEYS AT LAW L71 BATTERY STREET P.O BOX 1507 BURLINGTON, VERMONT 05402-1507 n Land Rrd3 RECREATION PATH EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that HORIZON HEIGHTS CONDOMINIUM ASSOCIATION, a Condominium Association organized under the provisions of Chapter 15 of Title 27 of the Vermont Statutes Annotated, known as the Vermont Condominium Ownership Act, located in the City of South Burlington, County of Chittenden and State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, to it paid by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, perpetual easements and rights -of -way, for the purpose of constructing and maintaining a recreational pathway for public use over, on and through property in the City of South Burlington, County of Chittenden and State of Vermont, described as follows: Being a strip of land twenty feet (201) in uniform width, centered on the as -built recreational pathway, to be located within a one hundred fifty foot (1501) wide strip of land along the easterly boundary of Grantor's property. Said easement is depicted as '120' Floating Recreation Path Easement (Location to be Approved by City of South Burlington)" on a plan entitled "Horizon Heights Condominium, Quarry Hill Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers Inc., dated December 9, 1981, last revised June 8, 2003 and recorded in Map Slide 423, Page 6 of the South Burlington Land Records_. The exact location of the easement and right-of-way shall be fixed upon construction of the recreational pathway. STITZEL, RAGE & P+LETCHER,, PC. ATTORNEYS AT LAW 171BATTERYSTREET P.O BOX 1507 BURLINGTON, VERMONT 05402-1507 For purposes of construction, a temporary easement and right-of-way extending five feet (51) on each side of -way is hereby granted. Said temporary easement and right-of-way shall expire once construction is completed and the recreational pathway is open to the public. Said easements and rights -of -way shall be used by the public as a recreational and bicycle pathway subject to the condition that no motorized traffic, including but not limited to motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain, and pave said recreational pathway, including the right to install, maintain, repair, and replace all necessary bridges, culverts, cuts, curbs, and ramps, at its sole cost, expense, and risk. By its recording of this easement deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantor lying outside the scope of this easement and right- of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder, shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that it will indemnify and hold Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement deed, acknowledges that this easement has been donated to the City of South Burlington, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. Grantor, its successors and assigns, shall have the right to make use of the surface of so much of its property as is encumbered hereby, such as shall not be inconsistent with the use of said rights -of -way, but specifically shall place no structures, landscaping or other improvements within said easement areas which shall prevent or interfere with the Grantor's ability to use said easements and rights -of -way. Being a portion of the lands and premises created and submitted to the Grantor by the Declaration of Condominium 2 STITZEL, PAGE & FLETCHER, PC. ATTORNEYS AT LAW 171 BATTERY STREET P.O BOX 1507 BURLINGTON, VERMONT 05402-1507 dated January 4, 1982, and recorded in the Land Records of the City of South Burlington in Volume 176, at Page 335. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever;. and Grantor does for itself and its successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the rights as aforesaid and that Grantor, and its successor and assigns shall warrant and Defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, HORIZON HEIGHTS CONDOMINIUM ASSOCIATION, hereunto sets its hand and seal this day of n 2003. IN PRESENCE OF: HORIZON HEIGHTS CONDOMINIUM ASSOCIATTON Its-"du'ly authorized agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington, Vermont, this f day ,of , 2003, personally appeared A"sG�, r'„' duly P Y PP ���"" authorized agent of HORIZON HEIGHTS CONDOMINIUM ASSOCIATION, 3 signer and sealer of the foregoing written instrument, and acknowledged the same to be his/her free act and deed and the free act and deed of HORIZON HEIGHTS CONDOMINIUM ASSOCIATION Before me, Notary Public Son249.rea STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET P.O BOX 1507 BURLINGTON, VERMONT 05402-1507 AARON J. GOLDBERG, PLC General Practice Business & Corporate Civil Litigation Commercial Real Estate Landlor& Tenant Residential Real Estate Dianne Rosen Pallmerine, Esq. (NJ, NY, VT) Molly B. Farrell, Esq. (part-time) Richard D. Hecht, Esq. (part-time) Dana Louria, M.S.W. (part-time) Ray Belair South Burlington Zoning Office 575 Dorset Street South Burlington, VT 05401 Re: Horizon Heights Dear Ray: Attorney at Law Elder Law & Trust Group Elder Planning Private Trustee Probate Administration & Litigation Retirement Distributions Wills, Trusts & Estates March 31, 2005 Enclosed please find a copy of the authorization you requested. Sincerely, Aaron J. Goldberg, Esq. AJG/ehd Enclosure Elder Care Assurance Services Bill Paying and Payroll Home Care Assessments Medicaid Planning Nursing Care Assessments Nursing Home Compliance Vermont Guardianship Services Independent Guardian Probate Guardianship PROFESSIONAL LIABILITY COMPANY Tel. (802) 651-9000 Member 233 Pearl Street Fax (802) 651-9001 rr rr rrr rr National Academy of Burlington, Vermont 05401 1-888-79-ELDER (in VT) M Elder Law Attorneys elderaignasover.net www.vermontelderlaw.com August 14, 2002 HHCA P.O. Box 1552 Burlington, VT 05452-1552 City of South Burlington 575 Dorset Street South Burlington, VT 05403 To whom concerned (City Attorney, Zoning Administrator,...), On July 31, 2002 the Board of Directors of Horizon Heights Condominium Association authorized William Marks to act on its behalf on all matters of obtaining and relating to necessary permits from South Burlington. Treasurer of HHCA C IV. %n 4vti C.W. Moran, Jr. Post -it® Fax Note 7671 Date3 / pages To N„ ('� l.. From Co./Dept. Co. Phone # Phone # Fax # Fax # MAR-29-05 11:06 PM B' '.MORAN 802-34235 i AARON J. GOLDBERG, PLC Gencral Practice Buslness 4 Corporate Civil Lingafimf Commercial Real Estate LandfordTenant Reside'►rrial Real E.stute Dinane Rosen 11:41nicrine, Eaq. (N.I. X1 . % 1 ) Molly IZ. 1'arrvil, Esq. (part-time) Richard D. Ilccht, Esq. (purl -lined Dnni i;ourim, 11.SAN'. (part-time) Horizon Ifcigllts Condominium Association Alin: Bill Moran, Jr. P.O. Brix 1552 Burlington, V'l' 05402-I552 Allorne), at Loxr Eldcr Law & Trust Croup Elder Pluming Private Trustee Probate 4rindnistration A Litigation Retirement Distrihutimfs Trills, Trusts & Catu(cv March 22, 2005 Rc: Toning; Certificates of C'omplianc.e. Dear Bill: P.01 Fider Care Assurance Sen'Im all/ Ptrl'itfg and Payroll 110) tire .-I ssessmetat Medicald Planning Nursim Care Assesstnents Nursinb M111te Car►fpflance Vermont Guardianship Services Independent Guardian Probate Guurdlans* South Burlington Is Tiot Issuing I0I1ing C'olllpliance Letters pertaining to Horizon Hei&hts. Thcre are zoning violations related to the 77`I' Unit of'Hurizotl I leiglits, or, 1a11y a �rilted as a 76`f' Unit Condominium clv Re-apprat fur the additional unit was invandalcd because of fialhlre to file a rl'irject rn�,Iur as required in the conditions of approval for the additional unit. The. City of South Burlington 7.oning Office, was contacted and the leaning Administrator has reported to nic that the President of the Association lias taken it upon himself to rectify the problem. The requirements are to submit, a sketch plan roview for the whole, development, showing water and se\Ncr; to provid,c ,an easement for the; pe:de striae math to the City of Burlington, and to pay all impact fee for recreational use in the anwunt u1' $891.00 to the City of South BUrlintton_ According to the Zkmin ►► Administration, all requirernerits have been nlei; the City Attorney IS simply waiting for a leticr conf rllling, fife, authority ot'flit' President who already Sd the deed. As this pprolperty, is In violation, the ('ity oi' South Burlington will not issl.le a (.onipliance Letter Zrfoany unit in the Development. AJG,1chd Sincerely, Aaroli J. Goldberg;, F.sq. PROFL:SSICINAL LIABILI IN COMPANY Tel. (802) 651-9000 Mcmbcr 233 Pearl Street Fax (802) 6.51-9001 Notianai Academy of Burlingt4)11, Vermont 05401 1-888-79-ELDER (in VT) Elder Law Attornc3.s eldcrajj;u<socer-nct www_vcrmoutcicicrlawcum MAR-29-05 11:06 PM B" 1.MORAN i 1- ,t.{N !4 802 14235 P. 02 August 14, 2002 MICA P.O. Box 1552 Suz'lington, VT 05452-1552 City of South Burlington 57.9 Dorset Strcct South Burlinglutt, VT 05403 J'o wltom concerned (City Attorney, 7.nning Administrator,.. I, On July 31, 2002 the Board of'Directors of Clorizon llei fhts Condominium Association authorized William Marks to act on its behalf on all matters of obtaining and relating to necessary permits from SUuth 13111-lingtolt. 'I reasurer of I TF1CA C.W. Mot -an, Jr. C�,t r, HHA - Minutes of meeting held 7/31/02 1. Meeting attendees were: Those listed in item 5. Plus Lori Brunelle . Richard Crocker and Francesca Hahn. 2. Richard Crocker resigned from the board and from his position as president - effective 7/31/02. Sande Wright resigned from the board. 4. Mike Brunelle and Doug Stuart accepted appointment to the board. The board now consists of the following : - Cheryl Decelle 658 4965 - Mike Brunelle 660 0407 - Bill Marks 482 2714 - Bill McClellan 862 1487 - Bill Moran 658 3143 - Doug Stuart 1 802 849 2880 - Jim Wagner 878 3916 -5. In a hard fought contest. Bill Marks won the board president} . ( Interim ? 6. Cheryl Decelle agreed to be sercretan but due to meeting timing this must be revisited. Her da, job prevents her from making our current 7:00 start time. 7. And% Kancia has resigned as site manager. Francesca Hahn (6580501 or 233 37 77) was appoimed to replace him. She will look for someone to assist her. Punk is a possibility . Fran will look to Bill Moran for am necessary direction. X. The major discussions in the meeting dealt with plans for replacing Blue Flame as the source of gas for heating. Several alternative suppliers for propane were reviewed as well as the possible switch to natural gas.. Mike Brunelle agreed to pursue this further and let Bill Marks know when he is read,_ to present his findings and recommendations to the board.. 9. Woodchucks and skunks are problems. Doug Stuart will follow this. 10. Other items requiring attention are door posts that aren't doing their job and a malfunctioning door lock in Chen l ' s unit. Bill Mc 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 or 660-9119 PATTI R. PAGE' E-MAIL(FIRM2555@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (TEUSTACE@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S FAX (802) 660-9119 TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (-ALSO ADMITTED IN N.Y.) March 11, 2004 Raymond J. Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 JILL E. SPINELLI Re: Recreation Path/Horizon Heights Condominium Association Easement Dear Ray: Enclosed please find the signed original Recreation Path Easement Deed and Vermont Property Transfer Tax Return for the above -referenced matter. Please give me a call to discuss. Thank you. Sincerely, Timothy M. Eustace THE/jp Enclosure son5427.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE (*ALSO ADMITTED IN N.Y.) William R. Marks 1957 Charlotte Road Hinesburg, VT 05461 (802) 660-2555 (VOICFJTDD) FAX (802) 660-2552 or 660-9119 E-MAIL(FI RM2555@FIRMSPF.COM) WRITER'S E-MAIL (TEUSTACE@FIRMSPF.COM) WRITER'S FAX (802) 660-9119 December 16, 2003 AMANDA S.E. LAFFERTY JILL E. SPINELLI Re: Horizon Heights Condominium Association - Recreation Path Easement Dear Bill: Enclosed please find an original Recreation Path Easement Deed and Vermont Property Transfer Tax Return for your review and signature. I have inserted the recording information for the revised plan. Otherwise, the easement deed remains essentially in the same form as the prior version. If you approve of the form of the enclosed documents, please execute the Easement Deed before a witness and notary public, sign the Vermont Property Transfer Tax Return and return the documents to me in the enclosed self addressed, stamped envelope. I will see to it that the documents are filed in the South Burlington Land Records. Also, could you please provide me with any minutes or other certification whereby you have been designated as duly authorized agent for the condominium association for purposes of executing the enclosed documents. Meanwhile, please let me know if you have any comments or questions. Thank you. Sincerel , Timothy M. Eustace TME/jp Enclosure CC: Raymond J. Belair- son5353.cor VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES PLEASE TYPE OR PRINT CLEARLY MONTPELIER VERMONT 05609-1401 = E SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. .�A,Ci LK £ U N.. C}Y 7C.C�m..C". :'If Horizon Heights Condominium Associatio Quarry Hill Road South Burlin ton VT 05403 B _BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. S1AMIK6 �i! ON T iY i it r Citv of South Burlington 1575 Dorset Street South Burlington, VT 05403 PROPERTY LOCATION (Address in full) D, ' DATE OF CLOSING Quarry Hill Road South Burlington, VT E INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. [-]UNDIVIDED 1/2 INTEREST 5. ❑TIME-SHARE 7. EASEMENT/ROW 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED % INTEREST 6. ❑ LEASE 8. ❑ OTHER LAND SIZE (Acres or fraction ;G; SPECIAL FACTORS: HAVE DEVELOPMENT RIGHTS BEEN CONVEYED X NO YES thereon WAS SALE BETWEEN FAMILY MEMBERS X NO YES STATE RELATIONSHIP ❑ ❑ FINANCING: CONVENTIONAUBANK OWNER FINANCING OTHER z BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY): 1. ❑X NONE 5. ❑ FARM BUILDINGS 9. ❑ STORE (INSERT DWELLING UNITS 2. ❑ FACTORY 6. ❑ MULTI -FAMILY WITH NUMBER) TRANSFERRED 10. ❑ OTHER DESCRIBE 3. ❑ SINGLE FAMILY DWELLING 7. ❑ MOBILE HOME YEAR MAKE SER. NO. RT 4. ❑ CAMP/VACATION HOME 8. ❑ CONDOMINIUM WITH NUM ER) UNITS TRANSFERRED ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE CHECK WHETHER THE BUILDINGS WERE EVER I' PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAUINDUSTRIAL DESCRIBE 2. OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ OTHER DESCRIBE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. OPERATING FARM 7. ❑ COMMERCIAUINDUSTRIAL DESCRIBE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. E OTHER Recreation Path DESCRIBE WAS PROPERTY PURCHASED BY TENANT X NO YES DOES BUYER HOLD TITLE TO ANY ADJOINING PROPERTY X NO YES :Kil CURRENT USE VALUE PROGRAM: IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER THE AGRICUL- TURAL AND MANAGED FOREST LAND USE VALUE PROGRAM CHAPTER 124 OF 32 V.S.A. ❑ YES ❑X NO L IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N, and O BELOW. #2 TOTAL 'I' PRICE PAID FOR O>: PRICE PAID FOR PRICE PAID $ PERSONAL PROPERTY $ REAL PROPERTY $ 0.00 STATE TYPE OF PERSONAL PROPERTY IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE, PLEASE DESCRIBE: Donation Of Recreation Path Easement. P. CtOpsRT'i 1 MAKE CHECKS PAYABLE TO: VERMONT DEPARTMENT OF TAXES -TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS $ 0.00 DATE SELLER ACQUIRED 1 /4/1982 IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET #10 CONTINUE ON REVERSE SIDE THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN/CITY ACKNOWLEDGEMENT TOWN NUMBER DATE OF RECORD RETURN RECEIVED (INCLUDING CERTIFICATES AND BOOK NUMBER PAGE NO. ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. LISTED VALUE $ GRAND LIST YEAR OF PARCEL ID NO. SIGNED CLERK GRAND LIST CATEGORY DATE FORM PT-1 (8/02) 1015 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 la, b and c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. $ 0.00 e. Tax rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e. 0.005 f. Tax due on Special Rate Property: Multiply Line 1d by Line I . . . . . . . . . . . . . . . . . . f. $ 0.00 2. Tax on General Rate Property: a. Enter amount from Line 0 on front of return . . . . . . . . . . . . . . . . . . . . . 2. a. $ 0.00 b. Enter amount from Line 1d of Rate Schedule above . . . . . . . . . . . . . . . . . . . . . b. $ 0.00 c. Subtract Line 2b from Line 2a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. $ 0.00 d. Tax Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. 0.0125 e. Tax due on General Rate Property: Multiply Line 2c by Line 2d . . . . . . . . . . . . . . . . . e. $ 0.00 3. Total Tax Due: Add Lines 1f and 2e and enter here and on line P on front of return . . . . . . . . . . . . . . . . 3. $ 0.00 LOCAL AND STATE PERMITS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: N/A Easement 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 and wastewater system and potable water supply rules under Chapter 64 of Title 10 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 wastewater system and potable water supply rules of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Permit No. and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the wastewater system and potable water supply rules because (see instructions for exemptions): a. Parcel to be sold: Exemption Number b. Parcel retained: Exemption Number Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development law (Act 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 Line Din instructions) E. That this transfer does/does not (strike one) result in a partition or subdivision of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk see Line E instructions). WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form RW-171 within 30 days from the transfer, OR that the transfer is exempt from income tax withholding for the following reason (check one): ❑X 1. Under penalties of perjury, seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale. ❑ 3. Buyer(s) certifies that this is a transfer without consideration. (See instructions for Form RW-171.) ❑4. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee in a foreclosure or transfer in lieu of foreclosure with no additional consideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN INCLUDING ALL CERTIFICATES IS TRUE CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE. SELLERS SIGNATURES DATE BUYERS SIGNATURES DATE Horizon Heights Condominium Association City of South Burlington By: William Marks By: Charles Halter City Manager Its Duly Authorized Agent I Its Duly Authorized Agent Preparer's Signature Stitzel, Page & Fletcher, P.C. Preparer's Address 171 Battery St., Burlington, VT 05401 Prepared by Timothy M. Eustace, Esq. Buyer's Representative Tel. (Print or Type) _ 1015 Keep a copy of this return for your records. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET P.O BOX 1507 BURLINGTON, VERMONT 05402-1507 RECREATION PATH EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that HORIZON HEIGHTS CONDOMINIUM ASSOCIATION, a Condominium Association organized under the provisions of Chapter 15 of Title 27 of the Vermont Statutes Annotated, known as the Vermont Condominium Ownership Act, located in the City of South Burlington, County of Chittenden and State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, to it paid by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, perpetual easements and rights -of -way, for the purpose of constructing and maintaining a recreational pathway for public use over, on and through property in the City of South Burlington, County of Chittenden and State of Vermont, described as follows: Being a strip of land twenty feet (201) in uniform width, centered on the as -built recreational pathway, to be located within a one hundred fifty foot (1501) wide strip of land along the easterly boundary of Grantor's property. Said easement is depicted as "20' Floating Recreation Path Easement (Location to be Approved by City of South Burlington)" on a plan entitled "Horizon Heights Condominium, Quarry Hill Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers Inc., dated December 9, 1981, last revised June 8, 2003 and recorded in Map Slide 423, Page 6 of the South Burlington Land Records. The exact location of the easement and right-of-way shall be fixed upon construction of the recreational pathway. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.0 BOX 1507 BURLINGTON, VERMONT 05402-1507 For purposes of construction, a temporary easement and right-of-way extending five feet (51) on each side of -way is hereby granted. Said temporary easement and right-of-way shall expire once construction is completed and the recreational pathway is open to the public. Said easements and rights -of -way shall be used by the public as a recreational and bicycle pathway subject to the condition that no motorized traffic, including but not limited to motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain, and pave said recreational pathway, including the right to install, maintain, repair, and replace all necessary bridges, culverts, cuts, curbs, and ramps, at its sole cost, expense, and risk. By its recording of this easement deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantor lying outside the scope of this easement and right- of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder, shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that it will indemnify and hold Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement deed, acknowledges that this easement has been donated to the City of South Burlington, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. Grantor, its successors and assigns, shall have the right to make use of the surface of so much of its property as is encumbered hereby, such as shall not be inconsistent with the use of said rights -of -way, but specifically shall place no structures, landscaping or other improvements within said easement areas which shall prevent or interfere with the Grantor's ability to use said easements and rights -of -way. Being a portion of the lands and premises created and submitted to the Grantor by the Declaration of Condominium ON STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O BOX 1507 BURLINGTON, VERMONT 05402-1507 dated January 4, 1982, and recorded in the Land Records of the City of South Burlington in Volume 176, at Page 335. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for itself and its successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the rights as aforesaid and that Grantor, and its successor and assigns shall Warrant and Defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, HORIZON HEIGHTS CONDOMINIUM ASSOCIATION, hereunto sets its hand and seal this day of 2003. IN PRESENCE OF: HORIZON HEIGHTS CONDOMINIUM ASSOCIATION By. Its duly authorized agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington, Vermont, this day of , 2003, personally appeared , duly authorized agent of HORIZON HEIGHTS CONDOMINIUM ASSOCIATION, 3 signer and sealer of the foregoing written instrument, and acknowledged the same to be his/her free act and deed and the free act and deed of HORIZON HEIGHTS CONDOMINIUM ASSOCIATION Son249.rea STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O BOX 1507 BURLINGTON, VERMONT 05402-1507 Before me, n Notary Public "IVELOPMENT REVIEW BOARD 21 OCTOBER 2003 7. Public Tearing: Final Plat Application #SD-03-65 of Verizon New England, inc., to aanend a previously approved 12 lot subdivision. The amendment consists of installing three telecommunications utility cabinets, 271 Meadowland Drive: Mr. Boucher recused himself as he is an adjoining property owner. The applicant showed the location which is 1300 ft. from the wetland. The cabinets were constructed before applying for a permit. The applicant promised this would never happen again. Copies of the landscape estimate were provided. Ms. Quimby moved to approve Final Plat Application #SD-03-65 of Verizon New England subject to the stipulations as drafted. Mr. Farley seconded. Motion passed unanimously. Mr. Boucher rejoined the Board. 7 8. : Final Plat Application #SD-03-68 of Horizon Heights Condominium Association to amend a previously approved plan for a 76 unit Planned Unit Development. The amendment consists of an after the fact approval for one additional unit, Quarry Hill Road: Mr. Marks said they hired someone to do a survey. Revision are inserted. He then reviewed the history of the application. Mr. Belair said staff has no issues. Ms. Quimby moved to approve Final Plat Application #SD-03-68 of Horizon Heights Condominium Association subject to the stipulations in the draft motion. Mr. Boucher seconded. Motion passed unanimously. 9. Site Plat Application #SP-03-42 of Tom Peterson (CCTA) to construct a 40 sq. ft. bus shelter south of the Salvation Army Store driveway on Hinesburg Rd., 1333 Williston Road: Mr. Belair noted that the shelter had to be relocated further from the corner. Staff has no issues with the application. Mr. Boucher moved to approve Site Plan Application #SP-03-42 of Tom Peterson (CCTA) subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion passed unanimously. -4- 1 � CITY OF SOUTH BURLING10N DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 23, 2003 Bill Marks 1957 Charlotte Road Hinesburg, VT 05469 Re: Final Subdivision Plat Application #SD-03-68 Dear Mr. Marks: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on 10/21/03 (effective 10/22/03). Please note the conditions, including that the final plat shall be recorded in the land records within 90 days of this decision, or the approval is null and void. If you have any questions, please contact me. Sincerely, Brian Robertson, Associate Planner Encl. CITY OF SOUTH BUR,LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number SD- CITY OF SOUTH BURL,INGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. OWNER OFy RECQRJ) (NaiRe asAshown on deed, and fax #) 2) LOCATION OF LAST RECORDED DEED (Book and page #) ye (I sf SZ—c" 4) CONTACT address, phone and fax #) .0tAM So,— 5) PROJECT STREET ADDRESS:—(JUQ J4 '9' // 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 7) PROJECT DESCRIPTION a) Existinlg Use on P� operty (including description and size of each separate use) b) Proposed Uses on property (include description and size of each new use and existing uses to remain) .SA,M110!, c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & number of floor (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 10 t" Q_ e) Number of residential units (if applicable, new units and existing units to remain) fl Number of employees & company vehicles (existing and proposed, note office versus non -office employees): a. L g) Other (list any other information pertinent to this application We note if Overlay Districts are applicable): , 8) LOT COVERAGE L„ a) Building: Existing / % Proposed % b) Overall (building, parking, outside storage, etc) Existing % Proposed % c) Front yard (along each street) Existing % Proposed 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a - a) Average daily traffic for entire property (in and out): b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: 11t / 0- ificak requested 2 12) PEAK DAYS OF OPERATION: V-1 X 13) ESTIMATED PROJECT COMPLETION DATE: V 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. A SIGNATURE OF APP CANT ► EP ulj,TY_ �OnWNE I , Alf Do not write below this line DATE OF SUBMISSION: - r t )`�"> SS ON: I have reviewed this final plat application and find it to be: Complete ❑ Incomplete Director of Planning & Zoning or Designee �`/ "/; 3 Date 3 EXHIBIT A FINAL PLAT The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (11" x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. If submitting a final plat amendment, please submit only pertinent information. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. o Complete survey of property by a licensed land surveyor drawn to scale (20 ft. is preferred). o Name, license number, seal, and contact number of licensed land surveyor & date prepared. o Survey data (acreage, property lines, zoning boundaries, watercourse, base flood elevation, etc.) o Location of easements, public lands, r.o.w.s, sidewalks, and public or private street (w/names) o Five foot contours (existing and finished) o Location and size of any existing sewers (including septic tanks) and water mains, culverts and drains on the property to be subdivided. o Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks, and other public opens spaces. o Numerical and graphical scale, date last revised, and north arrow. o Details of proposed connection with existing water supply or alternative water supply. o Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. o Details of storm water facilities in the form of a drainage plan. o Details of all proposed bridges or culverts. o Location of temporary markers. o All parcels of land proposed to be dedicated or reserved for public use and associated conditions. o A list of waivers desired (if any). o Development timetable (including number of phases and start and completion dates). o A report addressing planned residential/unit development criteria of the Zoning Regulations. o Proposed landscaping schedule (number, variety and size). o Location of abutting properties, fire hydrants, existing buildings, existing landscaping o Number and location of parking spaces ( see Section 26.25 of the Zoning Regulations) o Number and location of handicapped spaces (see Section 26.253(a) of the Zoning Regulations) o Lot coverage information: Building footprint, total lot, and front yard o Exterior lighting details (cut sheets). All lights should be downcasting and shielded. o Dumpster locations (dumpsters must be screened) o Bicycle rack as required under Section 26.253(b) of the zoning regulations o If restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE Final Plat Application $ f00* 14� * Includes ,$10.00 recording fee 4 EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that Horizon Heights Condominium Association of South Burlington, County of Chittenden and State of Vermont, Grantor, in the consideration of TEN AND MORE Dollars paid to my full satisfaction by the City of South Burlington, County of Chittenden and State of Vermont, Grantee, has REMISED, RELEASED, AND FOREVER QUITCLAIMED unto the said Grantee, City of South Burlington, all right and title which I or my heirs have in and to a certain piece of land in South Burlington, County of Chittenden and State of Vermont, described as follows, viz: A pedestrian easement 20 feet in width, said easement running in a North/South direction with its easterly edge lining up with the northerly boundary line of the property owned by the Grantor herein. The westerly edge of said easement shall be parallel to the easterly edge. TO HAVE AND TO HOLD all right and title in and to said premises, with the appurtenances thereof, to the said Grantee, City of South Burlington, its successors and assigns forever. AND FURTHERMORE, Horizon Heights Condominium Association, Grantor, does for itself, covenant with the said Grantee, City of South Burlington, its successors and assigns, that from and after the ensealing of these presents, the said Grantor, Horizon Heights Condominium Association will have and claim no right in and to the said premises. IN WITNESS WHEREOF, I hereunto set my hand and sea], this day of January, A. D., 2000. In Presence of Horizon Heights Condominium Association By Witness Its Duly Authorized Agent. STATE OF VERMONT COUNTY OF CHITTENDEN,SS. At South Burlington, Vermont, this day of January, A. D., 2000, , Duly Authorized Agent of Horizon Heights Condominium Association, personally appeared and he/she acknowledged this instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of Horizon Heights Condominium Association. Before me, Notary Public (Mars, 'placed borede vvey dw. .IypYed by U.VM) N/F U.V.M. N/F ALLEN W " CORP. Q ■whele 1 1 r) e" WATER *"TEE NOTE- BEARINGS AND DISTANCES SHOWN ARE BA �RS N0� TED ROTATEFROD IS•02 TO lltUE.VMN GRID MAGNE7N: (TRUE NORTH). tT 10 U!-LI TIES MN I� [�SEYEMi I IRELAIC. i N/p CHARRLIN �a,y IlEB 1 I.R If•wl NIB G3' _ „ )• YI EO M ( daleMwpppNd by U-Vw.M. )M .IRv.y STATE OF VERMONT Tb. 4"AR.f 1-89 roM.ws. w-M of S84e.GS', b..M.er, .m_ IN plWaic.l bealion of NW-..-M-r- .Io. Pmi.. flow RA. bi9Aw.y - d.ra, IN. RIM i-IdJ.aN. I" ahv..w lomliew. 1, RiCHARD P. TRUDELL. A I•II:ENSFD NNCINKER IN TW.' STATF• OP VlR2101TI, CERTIFT THAT THE PLAN RNTrrLRD •RURIZOS NEIWlb WIDOMINILMS", DATED 12-09-51, PRRFARPD BY TRLWLL ,:ONS•ILTING ENGINELNS, INC. WES FULLY AKO ACCURATELY nFYILT THE IDC'ATION. UNIT NILKREIIS. DT"113IONS AND LAYOUT UP THE UNITS AS BUILT, AS PILED WET11 AND APPROVPD EP THE CM CF SOUTH RURL3NGYuN AND 1TIA'r &AID PLAN ACCURjCKLY RFPRESENTS THE PtAINETFR OF SAID LAND TO 111E BEST DP MY KNOWLEDGE. RIC,°ARD P. TRmnl.. P.R. ' n) RFFORE NI. ypyT)RY Palle LL I I 01 -{I- I • - J'-4•-_. BEDROOM CIOS. 23.9 h BATHROOM 64.S.gfI j 130.8 N ff --t j CLOS- CLOT. \'• 26.9 y. N. -- 10 -tIA-LF a BEDROOM 91.7- .q. tc UNIT 38-B FLOOR PLAN 1/4" - 1'- 0" T.al ,q- reola4e• 985.0.4ft oo N/F CUPOLA GOLF �. COURSE INC. w/ 7 N "-'--t3'UTILITIlJ EASEMENT 1. P. 10� E VINO AOOM PI-S .4 f1. .A,- - 3 Ulf" ROOM 4!I84.7.q. N. MIRROR IMAGE OF TYPICAL UNIT LAUNDRY/STORAGE COMMON ELEMENT 432 M- N oN1AMNr :TOTE: 1. WALL LOCATIONS DEF1'30 UPON LBIIDITATION OF UNIT WITI IN THE BUILDING. 2. NAK1M SI2E5 MAY VARY sLlminy FROM 01T TO UNIT 1MR TO N(MNAL CONSTRUCTION RKTIDDS. I. UNIT 62 HAS REEII LSED AS A TYPICAL UNIT II: V131"ING BOOM DINENRIORS. RELATIVE NJN:ITION OF UNITS SASSO ON PIE1D INSPECTION. 4. CARPORTS ME BUNKERED Umow Dbm• OF UNIT SFI)UKNCE. T. PIRINETER INF-RN-AT1ON rRANS(:RIFED FRINI A PLAN ENTITLED " CUPOLA "ol-FUIUSSE. INC.^ MTIV 9110176, PRFPARFD SY (A1F.RX NOI1RTArN SLBVEyS. 6. WET' THE S:RCRPTION OF THE "MT AERAHAN" RUILDUNC. ALI. ODD NIMBLRND UNITS ARE MOVE RVFN NLVAIAKO LNITS. 7. INTERIOR UNIT DINEWNIONS VARY FVO END INITE AND ARE FUIPRF.EONU 1N FARSNINEb16. K. ::QUARK FOOTAGE MKAM 16 AASFD ON )D1 YORK MEASURE WRVIRay 'INR AAF4 13 RET62XIMED TO T'lIR CLNTI.NS OF TNP. PARTITIONS. SQIIARB PUOtAGF OF EXTERIOR SPACES (PATIO) IS REWNDED AS OE&-N,ALP OF ACTUAL AREA. 9. THE POI.LOWING UNITS ME MERM)R IMACIS OF 'TUB TYPICAL f7Al-R PLM NNUWN- I A A. 7 4 9, 11 6 12, 16 6 If, 20 A ?1, 24 4 25. .S 6 29, 32 6 31. 36 6 31. W) A 41. 44 6 45. 48 6 49. 57 4 53, 56i 57, 60 A bl. 646 AS, bfl 669. 70674. 74 A 7S. PATIO / DECK 3e N• h DINING ROOM 00AyR. aRS9 y. III r-� KITCHEN R IV - Uf Ne N.N� II /r I C BATH 8 ROOM I T.I N.tt (IRSy RI - - CLOS. CLOT: s'-L✓A- �!•-y • Jap.2 JasNq O I- O I GLOS. w y. rE .BDRGOY I R EG E I VED IROP N a DNRJ wn1 s: AUG 19 003 i -R-/r f a'-w LYI j 4 of So. Bu inaton INTERSTATE 89 TYPICAL UNIT FLOOR PLAN Tafal sWo Md.4.+ 344. y. REV fil M ADD EASEMENTS AND UTILITIES De /Oe/O3 DPp. GRAPHIC SCALE 01-AW4 NA F 50 25 0 50 I170 150 200 FEET q.a'- R}.. HORIZON HEIGHTS cMBCKED SCALE CQN12QVIN/� A.EMD9ED 10 5 0 10 20 30 40 50 BO MRtreR t MT/ Qt/ARRY HILL, ROAD, SOUTH Bl1RLIN67YNV, VT. � WIIL167pM P.OJEC�' � 9NKET _ TRUDELL CONSULTING ENGINEERS, Inc. VEflM4MT BBon ,„, CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: October 14, 2003 \drb\sub\horizon\final.doc Application received August 19 2003 HORIZON HEIGHTS CONDOMINIUMS FINAL SUBDIVISION PLAT APPLICATION #SD-03-68 Agenda #8 Meeting date: October 21, 2003 Owner/Applicant Surveyor Horizon Heights Condominium Association Vaughan C. Button, L. S. c/o Bill Marks Button Associates Surveyors P. O. Box 1553 4049 Williston Road Burlington, VT 05402 South Burlington, VT 05403 Engineer Property Information Richard Trudell Tax Parcel 1420 00350 L Trudell Consulting Engineers, Inc. Volume 176, Page 335 P. O. Box 308 R7 District Williston, VT 05495 11.03 Acres Location Map n CITY OF SOUTH BURLINGTL., 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\horizon\final.doc Horizon Heights Condominium Association, hereafter referred to as the applicant, is requesting final plat plan reapproval for a previously approved manager's apartment unit (Unit 38-B) at the Horizon Heights Condominium development. The subject property contains approximately 11.03 acres and is located in the Residential 7 (R7) District. The original approval was granted for a 76-unit condominium development by the South Burlington Planning Commission on March 22, 1977. On April 24, 1979, the Planning Commission approved a change to the original approval to allow an additional manager's apartment unit, subject to 5 conditions. The conditions of approval were not met, and a final plat was never endorsed by the Planning Commission prior to recording. Furthermore, it was not recorded within 90 days of the Planning Commission approval. The original plat recorded in Map Volume 105, Page 73 includes a reference to "future bikeways and pedestrian trails" within 150 ft. of the Interstate 89 corridor along the easterly portion of the subject property (attached). The second plat recorded in Volume 173, Page 37 does not include this reference (attached). Although the applicant applied for Sketch plan approval in 1999 to correct the above described discrepancies, the application did not proceed to final review. During sketch plan review on May 25, 1999, the Planning Commission investigated the status of compliance with the 5 conditions of the April 24, 1979 approval. The conditions were as follows: (1) that an outstanding recreation fee of $891 be paid to the city; (2) that a final inspection occur, as -built drawings be submitted, and easement deeds for sewer and water lines be executed, (3) that an offer of dedication for the required pedestrian easement be executed; (4) that the emergency access be chained as approved by the Fire Chief; and (5) that a revised final plat be recorded. At the May 25, 1999 hearing it was determined that the recreation fee still needed to be paid; as -built drawings did not exist and could not be prepared; an easement deed for a pedestrian path was never executed; the Fire Chief was satisfied with the emergency access (attached); and a plat was recorded without Planning Commission endorsement. Subsequent to the Planning Commission meeting, the applicant's attorney drafted an easement deed for the r+oiJcc+rinn n7+h%n1av and fnrwardad it to City Attorney Tim Eustace. Mr. Eustace responded with a revised draft recreation path easement deed (attached). This appears to be the last correspondence regarding the Horizon Heights easement. Department of Planning and Zoning files include a drawing originally submitted in 1979 showing the manager apartment unit and relocated water and sewer lines (attached). The final plat plan depicts the sewer and water lines on the property and the utility easements on the property. The Recreation Path Committee met on March 4, 2003 to discuss their previous request to include a 20' floating recreation path easement on the property (attached). The final plat plan submitted does depict the 20' floating recreation path easement. The location of this easement is to be approved by City of South Burlington. 1. The applicant must record legal documents establishing a 20' wide floating recreation path easement, approved by the City Attomey, prior to final plat recording. 2. The applicant must provide evidence that the $891 recreation fee has been paid to the City of South Burlington. If the recreation fee has not been paid, the applicant shall submit $891 to the City CITY OF SOUTH BURLING7 t-, 4 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\horizon\final doc of South Burlington prior to final plat recording. 3. The plans shall be revised to correctly label the Interstate Highway Overlay District boundary (old C. O. District), prior to recording of the final plat plan. 4. The final plat plan shall be recorded in the land records within 90 days of the date of this motion, or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. The applicant shall submit a final plat plan in digital format. Based on the above review, Staff recommends that the Development Review Board approve Final Plat Plan application #SD-03-68, conditional upon the completion of the numbered items in the "Comments Section" of this document: Respectfully submitted, Brian Robertson, Associate Planner Copy to: Bill Marks, Horizon Height Condominium Association APPENDIX A MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: May 25, 1999 agenda items Date: April 27, 1999 1) Highlands Development, LLC & JAM Golf, LLC Dorset Street Acceptable Dated 3/29/99 2) John Larkin, Inc. Dated 3/29/99 1720 Shelburne Road This building should have sprinklers, stand pipes and alarms. We are concerned about access to this building through the parking lot. 3) Chip Spillane 1116 Shelburne Road Acceptable 4) Pat & Terese Ayer 4 Berard Drive Acceptable 5) Horizon Heights Quarry Hill Road Acceptable Dated 3/31 /99 Dated 4/2/99 Dated 4/13/99 MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: May 25, 1999 Agenda Items Date: April27, 1999 LOT CLEARING - 1 116 SHELBURNE ROAD The storm drainage system serving the site should be shown on the plan. GOLF COURSE BIKE PATH - OVERLOOK TERRACE & GOLF COURSE ROAD Site plans prepared by Civil Engineering Associates dated March 21, 1999 are acceptable. STAYBRIDGE SUITES - LOT #11 OFF SHELBURNE ROAD Site plans prepared by Krebs & Lansing Engineers dated December 23, 1998 are acceptable. AUTOBAHN BODY WORKS INC. - BERARD DRIVE Site plan prepared by Llewellyn, Inc., dated December, 1998 is acceptable. HORIZON HEIGHTS - QUARRY HILL ROAD Plan should show water and sewer service lines. APPENDIX B STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.Q. BOX ) 507 BURLINGTON, VERMONT 05402.1507 STEVFN F. S=ZT _L tW2100-2555 (VOICVMD) FAX (802) 660-2552 or 6604110 ?ATTi R. PACt, E•MAnJIRM255WP.MSPF,C0M) ROBERT E FLETCHER WRITER'S E-MAIL (TEUSTACE@FIRMSFF.CaM) lOSEPH S. MCLEAN WRITER'S FAX (IM) 660.25!2 TIMOTHY M. EUSTACE MIA KA.RVONIDES AA"NCIA SA. LAFFERTY •ALSOAvKrrr BNN.Y.) February 11, 2000 James Wick Wick & Maddocks PO Sox 1336 Burlington, VT 05402-1336 RE: Horizon Heights Recreation Path Easement Dear Jim: OF COUNSEL A.4THUR W. C ANOSIA Enclosed please rind a draft Recreation Path Easement Deed for your review. Please give me a call with any qua,stions or co=ent5. Thank you. sincerely Timothy M. Eustane THE/bj1 Enclosure cc: Charles Hafter aon4244.car zoo in URDIal'I V aDvd 7azlils CTT6099:06 YF'd 6£:LT NON £OOZlIMIZO RAFT RB_G°RE�TIt�N P?,` ,.MENT_'JLi 2 KNOW ALL PtRSONS BY THESE PRESENTS, that '3ORIZON HEIGHTS CONDaMINIUX ASSOCIATION, a Condominium Associa61ion organized under the provisions of Chapter 1.5 of Title 27 of the Vermont Statutes Annotated, known as the Vermont Condc,ainium ownership Act, located in the city of South Burlington, :ounty of Chittenden and StatO of Vermont, Grantor, in c.)nsideration of one Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, to it paid by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVE, GRANTS, SILLS, CON9',UYS and CONFIRMS unto the said Grantee, C111Y OF SOUTH BURLINGTON, and its successors and assigns fcr!ver, perpetual easements and rights -of -way, for the purpose o.' constructing and maintaining a recreational pathway for public .use aver, on and through property in the City of South Buriingt,,n, County of Chittenden and State of Vermont, described as :'ollows, Being a strip of land twenty feet (20' ) is l uniform width, centered on the as -built recreational pathway, located along the entire length of the easterly boundarl, of Grantor's property, within a 1501 strip of land dep._cted as "Future Bike -Ways and Pedestrian Trails+" on a plai, entitled "Final Flat for Horizon Heights, Spear Street, South Burlington, Vermont", prapared by Vaughn Button, L.S.; last revised January 27, 1977 and recorded in Map Volure 105, page 7,,� of the South Burlington Land Records. The ej.act location of the easement and right-of-way shall be fi�,ed upon construction of the recreational pathway. For purposes of construction, a temporary easement and right-of-way extending five feet (5' ) on tach side cif -way is hereby granted. Said temporary easeluent t nd right-of-wayshall expire once construction is complete3 and the recreational pathway is open to the public. I CE700] 13HD,d. A V aDVJ 'I IIZS 6TTE09OZOS XV,4 Of,' T NON COOZ, ;/ZU Said easements and rights -of -way shall be used by the public as a recreational end bicycle pathway suzject to the condition that no motorized traffic:, inclading but not limited to motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee, or its agents, for tie purpose of maintaini.ng or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain, and gave said recreational pathway, including the right to install, maintain, repair, and replace all necessary bridges, culverts, .uts, curbs, and ramps, at its sole cost, expense, and rise. By its recording of this easement deed, Gi^antee agrees, for itself and its successors and assigns, thtt any premises of Grantor lying outside the scope of this eisement and right- of-way disturbed or affected by Grantee's exercise of tIle rights granted it hereunder, shall be rasi.ored to their condition prior to such entry at Grantee',, Own cost and within a reasonable time, and acknowled.ge:;; that it will, indemnify and hold Grantor harmless, to t,ie full limits of liability insurance that Grantee custonar:�ly maintains, for any injury or damage resulting from the public usn of said right-of-way not attributable to acts of .he Grantor. Grantee, by the recording of this easemen': deed, acknowledges that this easement has been :'lonated to the City of South Burlington, at no cost to the C4'y, with the intent that Grantor shall receive the full benef:.t and protection Of 19 V.S.A. Section 2309. Granter, its sauccesnors and assigns, steal have tha right to make use of the surface of so much of its property as is enournbered hereby, such as shall not be il-.00nsistant with the use of said rights -of -way, but specif.cal.ly shall place no structures, landscap:;ng or other impro•ements within said easement areas which shall prevent or int+rfere with the Grantor's ability to use said easements a<d rights -of -way. Being a portion of the lands and premises created and submitted to the Grantor by the Declaratic~,n of Condominium dated January 4, 1982, and recorded in the Land Records of the City of south Burlington in Volume 171.:, at page 335. Reference is hereby made to the above-meni:ioned playa and deed and the records thereof, and the references therein made all in fuither aid of this description. TO HAVE AND TO HOLD the above granted rigt is and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for itself ar3 its successors 1 6()0[Al 212HJ,13°Id V 39va lazlIls 6TTE09P70� I'F3 Of:L7 NOW MZ-'tZ%74 and assigns, covenant with Grantee and its successors and assigns, that Granter is lawfully seized in fEe si-mple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sill and convey the rights as aforesaid and that Grantor, and its ;uccessor and assigns shall Tarrant and Defend the same to Grantee and its successors and assigns forever against the law�ul claims and demands of all persons. IN WITnESs MMREOF, HORIZON HEIGHTS CONDOUNIUM ASSOCIATION, hereunto sets its hand and seal this day of 2000. IN PRESENCE OF: HORIZON HEIGHTS 'QNDOMINIUM ASSOCZA=H— DRAFT Its duly authera.zed agent STATE OF VERMONT COUNTY OF CRITTENDEN, SS. At Burlington, Vermont, this day of 1998 ' personally appeared _, duly authorized agent of HORIZON HEIGHTS CONDOMINIUIII ASSOCIATION, signer and sealer of the foregoing written insl-xument, and actnowledged the Same to be his/her free act aiA da®d, and the free act and deer of HORIZON HEIGHTS CONDOMIN mN ASSOC2ATION Before me, 3cnI64.rsa Notary Public ;()0[8 4aH)1311 V aDva 73zlils 6TI609990S XV3 Tfi'ST OX C007/tZ,'Z0 X �• /p units -� Fl. Elev. 3/7 s 12 units h . Z o F/. E/e . row /2 units 3/6 Fl. Elev. 111 � � • J � i T i i ski/q/ - ^ 5�, N tD C.L) .P-1 73 F— r— m 70 i HC.R'ZCNF+EleNis 17, L 3LAILTOnTM- MATRY -A—. 10"M ALILL I&C. Fau- tip,& �/ ley � � C7� APPENDIX E N/F V.Y. M 1 /P M�r;< NpATN -�IIW If Tt rrw 'x CITY CLEWS OFFICE "peb" io. &L I c.w1� bVWF4 Vc_19 % rj Rari+ad ii. neop,d br ! `•'t; d M r and b Clerk Nore B.Pnrpr wrd OhrPrrces sAwrn Or romphd r0 m No verse borod en mco�r,,. cored /3"0 /'2/" la UVM drill norm /rr„(nor lnl. tp ^- 'J�v OTHER LAND OF CUPOLA GOLF COURSE INCf. eeI/ h.r.d sp 12 'PrI / I ww 7 \Br., fNneewd .r,.W.d M' ��-- - -- ��p 4, luiMM P eNN,.. [...rri.r. � � ���'• _ T� NIF DELAUR/ERS .J fA N 3• 48 30• W !sell Y ,. iCN LANE r 13.03' I6107TqT '!sell •55'O I� \ 1 \ Ar.ie1 1/1 wrd 1z \\ \ h.INN /O.Minp rorw•.w/ \ T w $Pie, I. bN Of P.—W (found! �•� �/F OESLI/M/fRS s _ ..`ew d�ro tJ• �• \ rY.riw � Fee.w gr�Tr \ K riNM w Nlw.e PARCEL / /r posh //.O3 Ac(n 1 Jb —Y _ C. O DisJhcJ" L /rum sdvm /d A0 LR 1 /76. Y3' - n f a- 9663 �Aw,MI i ///63' N 1. 2/'O3• W N O. 31,30 w s I' 15'00" E e' 7A,deh- If I- BY (n✓/o.s o aNve borne. —dws Pl 5849. 6,5', npNnvr, sI • rA. PhrsrcP/ M I— N Irb marvm. IV— ro M f P,n IAr Ap6 , NNr PMl Indicn/.s IN. PAys..-./ /aeelien. /N7Ef/srArE " =.N;,C scAL E 50 23 0 s0 /00 150 _ ZOO FEE- 10 5 0 D YO 30 AIp SC 60 .Me/ror lw r�.'7 rR J werr E.r.r1 rOP PS' KILO. rwwneenr f•...I„r .:A /—W, M. P.r,merer /w fq rrohen snwrn 1,— w M epeN en O l anti/ end w'P. —1-/ r—, .N.inP • Pr citron pf / • /5,000 aM rro( of cues. .f .YY', 0Awyei-I .wd.. f— w nr e.M ..' drfp ~'- sMwn - O Mm —ft"'w �NO�W/Iy Pwn, Owrry Nr/, club, Swan lerhrgron, !r(rMnl' by WNM.r-rerrNr wc. , dowd' It-Y-66 end b..rrp e 0,vj.r/ ew.nb.s N 5e49. Bounderies of /rw~d I.Is er. a -d—Nd by ,b. a nvr. Emlwr. •/Y•eYIW LM. �S. AewwN e7 r.sr,rr r w. Pwwnrnp c.wwnvrwr .r w. arr .r SYM br/ween, wr..w w rM r..wv.wroN eN o..1YN.er r err/ rrnwr, /7- OIL �4.p... -- Ce innw W cw FINAL PLAT FOR HORIZON HEIGHTS SPEAR STRFE7 s 'rH BURL /Ncroll. Inc rn NEu er tBEFN MOUNT In sURVErs Fsl ' —cTAN, Y[wMJNT SCALE- /•• go' OR— DI rF. SD-JS [MECNEO /> M.. R.risM //-29-76 - b..rirps (.O f#o w ww w Props/' lie. lire U V N cA r./wcI U vM ,Amoy ftM. Rerh.d /-2/- 77 pgp—d imyo wrrenh e.Heri hIN cMVld. Ir�r l (rwfDr ,�rwe wRlr/ y uvY 1 M/F U.V.M. C.LL ,a�'S OFFICE. So. Burlington, Yt.s1.e�1+1C.=—~ 19+' ;I reCat ood for IMAM at � ' � n O docA «` YRf, J P CY-'MY Qe2R ( ( APPENDIX F S TATE OF VERWHT INTERSTATE 89 11Y ✓Yw A I h I.Y•.Y • aYr� •I YMI! Her, re rY Ws.l awYnr YI r �� Fr n• t.fa..T �w Dn., Y M 1.14Yw• 1r wwi bwrw. 1. RCWD r. 1DOOR1. • LITflISfa fr.IRu IY —T m SRAMK SCA.'_! ILYY OrT2Stm '1RIILY DLIIM25 mDDD.t1YlO16'. DaTL I —IX I, rDV4m R T®U.L tDY5ldnfO filtms. IDr. DOTS mLt2 u01 T. .1 ILLS DVIR nt I.OTAnO„ att wNRi. 30 Y3 O 30 10 130 200 FEET DIMOlIQS a11D IlmIR OI TIT wln • DVILT, aS III.III Rn aYD arrDDfm R m CTTT _ OT 5< Tfl !11[LIYI.�UI Yl0 nA S.SIO TW KCIM1ASCLY L'Rl[SOrtE 1Q rOillTR OI LIO IYD /m�TMS DTsr as wr mLmccT //yy�, . 0 D I JO a: 30 60 lhlrw l'iT1{� r�An�coe�.. r.•aL. K/ rou m Dnue RT %�/,maR Ltr TYPICAL UNIT FLOOR PLAN liwl �. Y,✓. f• • 1M.1 w. R W • 1-0 YInID TQ fOIUl.c. euT m R�wul. RTRc DOOM DOOsloti DlrtTt.m ' txrai afv MDDYTAu fotrExs :. Au m forum Alr ARE RYffm Rr wouT rtrtuL naw i t il, is a I5. STIT'ZEL, PAGE, & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STRUET P.O. BOX 1507 BURIINGTON, VERMONT 05402-1507 (Sm2 660-2555 (VOICB/IDD) STEVEN F. STM/0- FAX (902) 6604552 or 6"9119 PATTI R. PAGE' E MAGIC 6D21VSSSy�FI�S�F.CDM1 ROBERT E. FIETCMR WRITER'S E-MAIL (TFUSTACVaaRRMSPF.COM) 106PPR R. McLEAN WRITER'S FAX (902) 6W-9119 TIMOTHY EUSTACE MLS0 ADRn7TEii M N.Y.) FACSIlMIILE TRANSMITTAL SHEET Date: February 24, 2003 To: Janet H111rley Fax: 846-4101 Re: Horizon Heights Sender: Tim Eustace You should receive 5 _ Fage(s), including this cover sheet, [f you den not receive all the pages, please call (802) 660-2555. MESSAGE AMANIM S.H.: ABFERTY &DWAVM G. AP9 ikW Janet - Transmitted herewith is a copy of my February 11, 2000 c(-,rresl iondence to Jim Wick, with attached draft easement deed. Please let me know if I can le of further assistance. This message is intoadcd only for the use of the addressee and may contain inthrrulion that is privflcV-J and cont '.cntial. If yo%; arc not the intended recipient, you are bereby notified that any dinernination of this communindon is 9ximly prohlbiud. If) +u have Teevlvcd Ihts cotrimnicatiou in crror, plcasc notify us rtranediately by tcicphonc tS412fibP 2555)- Thank you. T002 2fnDlau V 35ya 'I32ZIls 6TT6099Z06 xvi 6"-LT 1\ON 00Z,'tz!z0 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: Tim Eustace FAX #: 660-9119 FROM: Janet Hurley, Associate Planner * DATE: February 24, 2003 Tim, Jim Wick's correspondence regarding the Horizon Heights recreation path easement follows. In addition, here is a brief summary of previous applications and approvals: Horizon Heights Condominium Association, hereafter referred to as the applicant, is requesting sketch plan reapproval for a previously approved manager's apartment unit (Unit 38-B) at the Horizon Heights Condominium development. The subject property contains approximately 11.03 acres and is located in the Residential 7 (R7) District. Portions of the property also fall within the Conservation and Open Space (CO) Overlay District. The original approval was granted for a 76-unit condominium development by the South Burlington Planning Commission on March 22, 1977. On April 24, 1979, the Planning Commission approved a change to the original approval to allow an additional manager's apartment unit, subject to 5 conditions. The conditions of approval were not met, and a final plat was never endorsed by the Planning Commission prior to recording. In addition, the original plat recorded in Map Volume 105, Page 73 was never endorsed by the Planning Commission. Although the applicant applied for Sketch plan approval in 1999 to correct the above described discrepancies, the application did not proceed to final review. During sketch plan review on May 24, 1999, the Development Review Board (DRB) investigated the status of compliance with the 5 conditions of the April 24, 1979 approval. One of these 5 conditions required the applicant to execute an offer of dedication for a pedestrian easement on the subject property. (page 1 of 4) ktrblsublhonzoMeasement.mem.doc Y I Irmr4) e ( M.reer r.plaa.d based an ...... oula .rppll.d by U.V M. ) N �LLEN BLOG.CORP Q manhole II 1�p11 N 3° 48' 30.- W I.P60.78 1—)143.83 �-11 11 , N 76° 5 0, E �I� ,1 J 1�\ 1 Z fir, O 1 N 10= 1 \ 1 Im 2 3 \�� 4 manhols, 5 "Mi. AINlANAY" � � c NOTE+ BEARINGS AND DISTANCES SHOWN ARE COMPUTED FROM TRAVE,RS� BASED ON MAGNETIC NORTH ROTATED IS•OI 21 TO U.V.M. GRID (TRUE NORTH), i 1 fNONC. iN/FCNARRLIN SPINE IN EDGE Of PAVEMENT I NII.G) 1 N/F DE FORGE 9 ��J 41 2re `'629 9,3,t _ E �27• ```` J°tor, 3 ' BOLTON MT" z Re N/F U.VM /5 m. 1103 Ape. m '�4C v JJ 'Mt ELLEN" I w w -a CLOS. BATHROOM KITCHEN DINING ROOM I ' BEDROOM m 23.94fl. 54.8.4ft. TI.I s4. tl °i _= i 121 5 sq N 1 135.E .4. It ! IJ'6 1. CLOS. -� CLOS. '•' �76.9 s4. rAxruxl 289�p. It. CLQS., I:I I'll I'Ill I\ II'I 11�'. 6 4To IYI1'ti A111 \I \I' ll'I , 16.7 p. t1 ROLN1 'ALIVING I`l 1•,1x1 v1111 IIN. III: .IMI1 I III II:MH1 IIIINflk1x SI'1 ;AI, IFAV' AMI ABEDROOM1078s4.11 BEDROOM912 p. M1.I I'I 1'i i11�IlIN: 1 UNIT 38-8 FLOOR PLAN Tola1 square /.—q. = 985 O sq II \ \ ye \ I.Is �•0�1\ N/F CUPOLA GOLF `� �d.•El �� F.. COURSE INC. NI Ieer) O / 66 66 10 17 z JO " Y7 BRAMT" .R 15 ro �P��P / • \ / 64 TA It N O. DISTRICT" LINE "MAYSTACE Mr." SOU7H / BURLINGTON ___—. — -- ---- --- -- t ' tP g00 110' - 1.P 113. 98 Irtil 54.28' ,_ 10791' 1=,) 176.23 115 61' (vernal 118.63 N 2° 21' 01� W N O° 31' 30" W N r IS 00 E 89. 45 N 3° 21' 20" W N 2• 54' 30° E ( I. pa UVsod ddaalu aapplob •urv.y S7A7E OF VERMON7 INTERSTATE 89 y The ydeliho of 189 follows A 1— of 5849,65'. h4w.rM, sine the physical ro00tion of the monum"' .1— varies 1— the hlohwoy cwr. data, this piN indicates Me ohysical I"foon. IIAKD Y. 1'KUUTI.I, A I ICENIED CNI;INI:Px IN I'ID S'IATF OF' Vh:MWINI', VFRTI/Y r"AT THE GRAPHIC SCALE ' I:NI TI.E1) "MI1N I::IIN III.II;N1'S Iti)NIKIMINIIMS", DAIFII 12-09-K1, PkEPAKED BY TME'DEI.I. I' IN/: ENI.i NEERS, INC. W)f.i FULLY AND ACIJIMAI'IA1 DI.1'II:T 1'NE 10CATION, IN1INUMBERS, 30 23 0 50 IDO 150 200 FEET IONS AND LAYOUT OF Till: UNITS AS MIIII.'I', AS 111111 Willi AND API -ROVED BY'r IIF I'ITV 1Q nV:u11 BIINEINIiTON AND I'IIAT SAID 1'LAN ACIAIRA1Fl.1' xl'.1•KESKNIS'l'ill. PERIMI':TF:M OF SAID I.ANU --- --- — 1•' IIII: III ST I MY KNOVI.I:IN4. 10 S 0 to 20 30 40 SO 60 Melres MINNOR IMAGE OF TYPICAL UNIT IC N 4 • "� MON�ME Ni v NI �°rn• era•.) TYPICAL UNIT FLOOR PLAN Total .4uare rootage + 9441 .4 ft. 1/4' • I1-0 _-_- 6m-------- SNOMN TO AI:IIIkl Ml: ---- .- ---- .- Ir:NAxD 1'. rxvueLE, P.F.. vI i'�ilpr rnxi.lr---- JAMES H. WICK DONALD B. MADDOCKS Timothy M. Eustace, Esq. Stitzel, Page & Fletcher, PC 171 Battery Street P. O. Box 1507 Burlington, VT 05402-1507 WICK & MADDOCKS ATTORNEYS AT LAW 300 COLLEGE STREET P. O. BOX 1336 BURLINGTON, VERMONT 05402 January 19, 2000 Re: Easement Deed — Horizon Heights to the City of South Burlington, Vermont Dear Tim: TELEPHONE (002) 650-3037 FAX (002) 650-4918 HILTON A. WICK OF COUNSEL We are trying to do an easement deed regarding the above. I just spoke with Ray Belair, Zoning Administrator for the City of South Burlington and he told me to send you a copy of same. Do you have some "boiler plate" language that you would like to have incorporated in this deed? deed. Give me a call or send me a fax with the language you would like to see in the Thank you. Very truly yours, WICK & MADDOCKS Jam H. Z, Esq. JIIW/sk Enclosure Cc" Ray Belair, Zoning Administrator William Marks, Esq. EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that Horizon Heights Condominium Association of South Burlington, County of Chittenden and State of Vermont, Grantor, in the consideration of TEN AND MORE Dollars paid to my full satisfaction by the City of South Burlington, County of Chittenden and State of Vermont, Grantee, has REMISED, RELEASED, AND FOREVER QUITCLAIMED unto the said Grantee, City of South Burlington, all right and title which I or my heirs have in and to a certain piece of land in South Burlington, County of Chittenden and State of Vermont, described as follows, viz: A pedestrian easement 20 feet in width, said easement running in a North/South direction with its easterly edge lining up with the northerly boundary line of the property owned by the Grantor herein. The westerly edge of said easement shall be parallel to the easterly edge. TO HAVE AND TO HOLD all right and title in and to said premises, with the appurtenances thereof, to the said Grantee, City of South Burlington, its successors and assigns forever. AND FURTHERMORE, Horizon Heights Condominium Association, Grantor, does for itself, covenant with the said Grantee, City of South Burlington, its successors and assigns, that from and after the ensealing of these presents, the said Grantor, Horizon Heights Condominium Association will have and claim no right in and to the said premises. IN WITNESS WHEREOF, I hereunto set my hand and seal, this day of January, A. D., 2000. In Presence of Horizon Heights Condominium Association By Witness Its Duly Authorized Agent. STATE OF VERMONT COUNTY OF CHITTENDEN,SS. At South Burlington, Vermont, this day of January, A. D., 2000, Duly Authorized Agent of Horizon Heights Condominium Association, personally appeared and he/she acknowledged this instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of Horizon Heights Condominium Association. Before me, Notary Public JAMES H. WICK DONALD B. MADDOCKS WICK & MADDOCKS ATTORNEYS AT LAW 308 COLLEGE STREET P. 0. BOX 1336 BURLINGTON. VERMONT 05402 January 17, 2000 Mr. Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Ray: Enclosed please find proposed easement for your comments. I could not remember the suggested width of the easement. Please copy William Marks, Attorney for Horizon Heights Condominium Association, on all responses and notices regarding this matter. Very truly yours, WICK & MADDOCKS /111ftttl V, �� James H. Wick, Esq. JHW/sk Enclosures cc: William Marks, Esq. P. O. Box 1553 Burlington, VT 05402 TELEPHONE (802) 658-3037 FAX (802) 658-4918 HILTON A. WICK OF COUNSEL EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that Horizon Heights Condominium Association of South Burlington, County of Chittenden and State of Vermont, Grantor, in the consideration of TEN AND MORE Dollars paid to my full satisfaction by the City of South Burlington, County of Chittenden and State of Vermont, Grantee, has REMISED, RELEASED, AND FOREVER QUITCLAIMED unto the said Grantee, City of South Burlington, all right and title which I or my heirs have in and to a certain piece of land in South Burlington, County of Chittenden and State of Vermont, described as follows, viz: A pedestrian easement 50 feet in width, said easement running in a North/South direction with its easterly edge lining up with the northerly boundary line of the property owned by the Grantor herein. The westerly edge of said easement shall be parallel to the easterly edge. TO HAVE AND TO HOLD all right and title in and to said premises, with the appurtenances thereof, to the said Grantee, City of South Burlington, its successors and assigns forever. AND FURTHERMORE, Horizon Heights Condominium Association, Grantor, does for itself, covenant with the said Grantee, City of South Burlington, its successors and assigns, that from and after the ensealing of these presents, the said Grantor, Horizon Heights Condominium Association will have and claim no right in and to the said premises. WICK & MADDOCKS ATTORNEYS AT LAW 308 COLLEGE STREET P. O. BOX 1336 BURLINGTON, VERMONT IN WITNESS WHEREOF, [ hereunto set my hand and seal, this day of January, A. D., 2000. In Presence of Horizon Heights Condominium Association Lo Witness STATE OF VERMONT COUNTY OF CHITTENDEN,SS. Its Duly Authorized Agent. At South Burlington, Vermont, this day of January, A. D., 2000, Duly Authorized Agent of Horizon Heights Condominium Association, personally appeared and he/she acknowledged this instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of Horizon Heights Condominium Association. Before WICK & MADDOCKS ATTORNEYS AT LAW 308 COLLEGE STREET P. O. BOX 1 336 BURLINGTON. VERMONT Notary Public SOUTH BURLINGTON RECREATION DEPARTMENT 575 DORSET STREET, SOUTH BURLINGTON, VT 05403 TEL: (802) 846-4108 • FAX: (802) 846-4101 BRUCE O'NEILL, CPRP DIRECTOR THOMAS HUBBARD, CPRP 4 ',... ASS'T DIRECTOR To: Development Review Board From: Recreation Path Committee Re: Horizon Heights Date: March 4, 2003 The Recreation Path Committee, at its meeting on Monday, March 3, 2003 reviewed the Planning and Zoning Department memo regarding Horizon Heights. The committee does want to retain what is described as a floating easement and to have it recorded as written in the draft, dated February 11, 2000, from Tim Eustace, City Attorney to Jim Wick, Attorney for Horizon Heights. MEMBER: VERMONT RECREATION AND PARK ASSOCIATION - NATIONAL RECREATION AND PARK ASSOCIATION • • The Burlington Free Press Saturday, October 4, 2003 .eqal Notic-e-il; L�a Notices L690I 907rc85 Legal ottces Personas me ovment T En 10Box 698 1994 approval. The sub- October 21, 2003, at Park District to subdivide XVlll) of the Social. Se- RESORT VACATION AUTO TECHNICIAN ;olchester,VT05446 ject property is located'7;30 Cu P.M. to consider 67.4 acres of land into curity Act), effective Oc- 8 days/ 7 nights. You on 48 Rothe Rd, Tax the following: two (2) lots, 20.1 tober 3, 2003. The pick from t00s acres of resorts Village Mobil in Shel- )ctober4,11,2003 Map 3,Parcel 23. 1. Final plat appli- to be conveyed to the ag reement between worldwide. (up to 6 burne has an immediate HEALTHSOUTH cation #SD-03-65 of Ve- WVPD, National Guard Sports people) .. $2,100 value, opening for a FT Techni- PUBLIC NEARING Copies of the application rizon New England, Inc. Ave. Medicine and Rehabilita- sacrifice for $900. (best cian. Must be a self mo- COLCNESTER are available for public tion Center 'and the Se- offer).(802)864-7781. tivated individual who inspection le to amend a previously cretary Health DEVELOPMENT the Plan- of and REVIEW BOARD approved 12 lot subdivi- Copies of the a lice• Human Services will be TICKETS (2I: Train at St. enjoys communicating & Zoning Office in sion. The with the -Comput- the amendment tions are available for terminated on October 3, Michael',s College on.public. the Colchester Municipal consists of installing public inspection at the 2003 from the Medicare 10/9/03. Asking face va- er diagnostic skills and Offices, 835 Blakely ursuant to Title 24 three (3) telecommunica- South Burlington City Hal- Program in accordance lue, $25 'each. Call (802) ASE cettilledtlon pre- S.A., Chapter 117, the Road. lions Utility cabinets, 271 1• with the -provisions of the 899-5421 ferred, but not neces- olchester Development Social Security Act. sary. Benefits package p Development Review MeadowlandDrive. TICKETS and healthy salary for eview Board will hold a 2• Final .. . Board lat' appli. Jahn Dinklage, Chairman UVM Men's hockey the right person. We ublic hearing on Wed- cation #SD-03.68 of Ho- South Burlington Deve• The. Medicare program season reserved tickets. have a great clientele esday, October 22, .0 October4,2003 rizon Heights Condomi• IopmentReviewBoard. will not make payment Cail(802)872-2708 and are looking for a )03 at 7:00 p.m. at the nium Association for services furnished to I , t o UVM HOCKEY TICKETS reat technician. Call eating House, Main PUBLIC HEARING amend a previously ap- October 4, 2003 patients after October 3, gave at 985-2478 or - 2003. Reserved seats, center send resume to 3038 to hear the following SOUTH BURLINGTON proved plan for a 76 unit ice. For BU game Oct- quest: quest:Shelburne t Final R d , She] - DEVELOPMENT REVIEW Planned Unit Develop- PUBLIC NOTICE FOR Questions concerning 18th. Two tickets, $15 burne, VT05482. Plat appli- BOARD Mont. The amendment FACILITY CLOSING patient transfers `and each. St. Francis at Sa- dion of Jeff Myers, on consists of an after the medical records should vior on Oct 26. Two BENTLEYS RESTAURANT, e behalf of Lawrence The South Burlington fact approval of one (1) The HEALTHSOUTH be directed to the custo- tickets $15 each or all 4 Popular Upper Valley & Estate ithe of Louis Development Review additional unit, Quarry Sports Medicine and Re- dian of patient informa- for$50c (802)655-9618 Restaurant Needs Line cthe, to amend a pre- Board will hold a tion, Cynthia Valuckas at UVM HOCKEY TICKETS, Cooks, Waitstaff, & Bar- public Mill Road.. kabilitation Center locat- 877-658�53, .,, tenders. Join Our ` Wln- ously approved 5 lot, hearing at the South Bur- 3, 2 reserved seats for g Re -approval of ed at 23 , San Remo ning Food. Service Team. dustrial subdivision. lington City Hall, Confer- preliminary plat applica- Drive, Suite 202 in South October games this season: Ask- ce 1, 2, 3, 4, 5, 6 Call (802) 457-3232, or amendment cons- ence Room, 575 Dorset tion #SD-03.31 and final Burlington will no longer q g g. 1p 11 12 13 in value. (802) 288- Pox Resume TO: s : of relief from condi- Street, South Burlington, 7, lface pplot application #SD-03- participate in the Medi- 15,.2003 (802)457 3238 n 4 of the October 26, Vermont on Tuesday, 32 of Winooski. Valley care Program iTitle ; 1 ARE YOU...... • A person who enjoys the ability to work independently? • A hard worker who strives for results? A morning person who would like to start and finish your day early? IF SO, THEN WE HAVE THE JOB FOR YOU ...... An entry level management position in newspaper circulation. Compensation includes: Salary, monthly bonuses based on achieving goals and an excellent benefits package. Must have a valid driver's license and a reliable motor vehicle with liability insurance. DON'T DELAY; APPLY TODAY! Send cover letter/resume to: Human Resources Dept. The Burlington Free Press 191 College Street Burlington, VT 05401 E-mail: bhart@bfpbui-lingtonfreepress.com Fax: 802-651-4804 PUBLIC NOTICE FOR 11 Elm St. Woodstock VT FACWTY CLOSING M1 SHELRIIRNE The HEALTHSOUTH SUPERDUR KET A Sports Medicine and Re- habilitation Center locat. FT Bookkeeper Lan ed at 23 San Remo Drive, Suite 202 in South Attention to detail is a must. for this position. -if Noe' Burlington will no longer you love to balance your Glve checkbook down to the 332- participate in the Medi- care Program. (Title XVIU Em to meat p penny & ou Ithis I Of the Social Security Act), y working with people, may be the job for you. $I effective .October 3, 2003. The Agreement mo oYmeOt Knowledge of comput- ' e Q Del b e t w e e n HEALTH - SOUTH Sports Medicine ADMISSIONS CLERK r s, u i c k b o o k s; Microsoft Word, & Excei Must and Rehabilitation Center also amust. Call Sara . cust Position requires excel- 802.885-8520 ext. 41 and the Secretary of ..rest lent phone and interper• butn Health and Human Ser- sonal skills, ..some cleri- BRANCH SERVICE vices will be terminated cal and .computer skills. ASSOCIATE Receptionist on October 3, 2003 from Medical : billing and needed for fast paced the Medicare Program in healthcare background a, professional business D accordance with the pro- plus. Also need RN/LPN office. Computer skills Ir visions of the Social Se- Fri/Sat/Sun Eves. ' Re- important. Benefits curity Act. sumes to: include competitive pay, dr Clare Conner, paid vacation, medical, a The Medicare program Maple Leaf Farm 401(K) retirement plan, pc will not make payment PO Box 120 tuition assistance pro- pr for services furnished to Underhill, VT 05489 gram and more. Send 8 ppatients after October, 3, care@mapleleaf.org resume to UBS Financial c 2003. Services, Inc. Attn:. 40 EOE/UW Member Agency Jennifer Bowen; 60 f Questions concerning patient transfers, and www.mapleleaf.org Farrell St. suite400, A� So. Burlington, VT05403 medical records should A&k or via e mail: to jennifer. be directed to the custo- bowenQa ubs.com than of patient informa- tion, Cynthia Valuckas at 5-MUGGLERV Nvo H TECH DEN Brter 877-658-4353. Charter Communications Look Communications Plettsburg, NY ' energ Request for Proposals- Child and Family AQUATICS DIRECTOR Perform CATV Installa• posil tions, disconnects; - and (802)1 Supports Program Strong leadership, 9 p, service changes for resi, DE dential The Department of So- management, guest and business O customers. E-mail/fax cial and Rehabilitation service and . I resume & cover letter: Services (SRS), Division communications skills Please specify position & of Social Services, is is- are required for year- round operation of location to be consi- Tim t suing a Request foe Pro- posal (A FP) for Child and muRiple aquatics dered, Amanda Moses . Grobf Family Support; Program facilities in a Resort practil NE Recruiter time - for the Rutland District Other setting. Will be responsible for safety, Fax: (203) 426-0499 can d hiring, staffing, training, Amosesl (�chAmoseartem.com, releva RFP available on 10/1 by programming, water quality, pool facilities �iA/EEO Employer and certill contacting: Linda Moul- ton, SRS,103 South including fihration CALL CENTER SALES didatr Main St., Waterburyry VT systems and financials.. REP, Winooski area. Re- dered. sume to: Sovernet, 05671-2401; Tel: 802- Experience with OSHA P0. caring, 241-2131; FAX: 802-241- regulations and Aquatics Box 495, Bellow Falls Vt team 2407; E-mail:imouiton@ background preferred. 05101 or fax (802) 463- benefl, srs.state.vt.us Certifications in 1712 e-mail: resumes- specif Lifeguard, Life uard @sover.net for . wl Requests may be sub- Instructor,WS?and CPO or AFO a CARPENTER & CAR- gco. mitted via letter, FAX, or e-mail. plus. Excellent benefits. P E N T E R' S H E L P E R, Need own tools, Of Submit resume including most Hu jobs are out-of-state, Octnhar 3 d R q Pnn.q salary requirements to: NH. Ahswerina all calls. ___ CIT-Y OF SOUTH BURLINGTO DEPARTMENT Q1F P1A1'gi Z,1 & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERiMONT 05403 (802) 546-4106 FAX (602) 846-4101 Permit Number SD- '9 3 - O 6— APPLICATION FOR SUBDIVISION SKETCH PLAT REVIEW AM information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1), PWNER OF,Pf f CORA (Nara* as shAvn on deed, mailing address, phone and fax #) 6 n /Z (/- 2-) LOCATION OF LAST RECORDED DEED (Book and page #) ? -__- 3) APPLICANT (Name, mailing address, phone and fax #) ,L2 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etcJ 1COLACTRERSON(N ne, ail. address, phone and fax #) 1 1/ r_ / �. �• > 6) PROJECT STREET ADDRESS: �. 11) TAX PARCEL ID # (can be obtained at Assessor's Office) 8) PROJECT DESCRIPTION a) Existing Ue on Prope (including description and size of each separate use) /cam C jN �t b) Proposed Uses on property (include description anti size of each new use existing uses to remain) '' �Z 7� �Gti.r j ' .;ex c) To al building square f otage on property (proposed buildings and existing buildings to remain) I d) Proposed heiaht of building (if applicable) e)Turmber or residential units (if applicable new ss and existing snits to remain f) Other (list any other information pertinent to this application not specifically requested above, please 4 note if Overlay Districts are applicable) 9) LOT COVERAGE a) Building: Existing_ % -Proposed % b) Overall (building, parking, outside storage, etc) Existing % Proposed % c) Front yard (along each street) Existing I &% Proposed % 10) TYPE OF EXISTII�TG OR PROPOS7D EliPUMB -TCt -�VPROP FRTY 101 nants, lease 4y s, rights o w, etc.)— 11) PROPOSED EXTENSION, RELOCATION, OR MODIFIqATION OF NRJMCIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) Z 12) OWNERS OF RECORD OF ALL CONTIGUOUSROPERTIES & NLAJ1R'4Cr A? this may be provided on a separate attached sheet PRESSES i- 13) ESTIMATED PROJECT CON[Pf .MOI',T DATE 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the plans must be submitted. A sketch subdivision application fee is free. I hereby certifv that all the information requested as p of this application has been submitted and is accurate to the best of my knowledge. S GNATURE OF A.PPLIC� wwt AA<s�,., pree'e, . , W.*( 00 ; SIGNATURE OF PROPERTY OWNER y-S2' Do not write below this line DATE OF SUBMISSION: �Z4 3 I have reviewed this sketch plan application and find it to be: ❑ complete ❑ Incomplete Director of Planning & Zoning or Designee Late CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: February 24, 2003 \d rb\su b\h o rizon\sketch. srp. d oc Application received: January 29, 2003 HORIZON HEIGHTS CONDOMINIUMS SKETCH PLAN APPLICATION #SD-03-05 Meeting date: March 4, 2003 Owner/Applicant Surveyor Horizon Heights Condominium Association Vaughan C. Button, L. S. c/o Bill Marks Button Associates Surveyors P. O. Box 1553 4049 Williston Road Burlington, VT 05402 South Burlington, VT 05403 Engineer Property Information Richard Trudell Tax Parcel 1420 00350 L Trudell Consulting Engineers, Inc. Volume 176, Page 335 P. O. Box 308 R7 & CO Districts Williston, VT 05495 11.03 Acres Location Ma v + + •- t e� 00 F VIM ir + V ' s 4 r+ f + Aw u= } y;. '7,,._ = CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \sub\horizon\sketch srp doc PROJECT HISTORY & DESCRIPTION Horizon Heights Condominium Association, hereafter referred to as the applicant, is requesting sketch plan reapproval for a previously approved manager's apartment unit (Unit 38-13) at the Horizon Heights Condominium development. The subject property contains approximately 11.03 acres and is located in the Residential 7 (R7) District. Portions of the property also fall within the Conservation and Open Space (CO) Overlay District. The original approval was granted for a 76-unit condominium development by the South Burlington Planning Commission on March 22, 1977. On April 24, 1979, the Planning Commission approved a change to the original approval to allow an additional manager's apartment unit, subject to 5 conditions. The conditions of approval were not met, and a final plat was never endorsed by the Planning Commission prior to recording. Furthermore, it was not recorded within 90 days of the Planning Commission approval. The original plat recorded in Map Volume 105, Page 73 includes a reference to "future bikeways and pedestrian trails" within 150 ft. of the Interstate 89 corridor along the easterly portion of the subject property (See Appendix E). The second plat recorded in Volume 173, Page 37 does not include this reference (See Appendix F). Furthermore, this plat was not recorded within 90 days of the Planning Commission's original approval. Although the applicant applied for Sketch plan approval in 1999 to correct the above described discrepancies, the application did not proceed to final review. During sketch plan review on May 25, 1999, the Planning Commission investigated the status of compliance with the 5 conditions of the April 24, 1979 approval. The conditions were as follows: (1) that an outstanding recreation fee of $891 be paid to the city; (2) that a final inspection occur, as -built drawings be submitted, and easement deeds for sewer and water lines be executed; (3) that an offer of dedication for the required pedestrian easement be executed; (4) that the emergency access be chained as approved by the Fire Chief; and (5) that a revised final plat be recorded. At the May 25, 1999 hearing it was determined that the recreation fee still needed to be paid; as -built drawings did not exist and could not be prepared; an easement deed for a pedestrian path was never executed; the Fire Chief was satisfied with the emergency access (See Appendix A); and a plat was recorded without Planning Commission endorsement. Subsequent to the Planning Commission meeting, the applicant's attorney drafted an easement deed for the pedestrian pathway and forwarded it to City Attorney Tim Eustace. Mr. Eustace responded with a revised draft recreation path easement deed (See Appendix B). This appears to be the last correspondence regarding the horizon heights easement. Department of Planning and Zoning files include a drawing originally submitted in 1979 showing the manager apartment unit and relocated water and sewer lines (See Appendix C). It is not clear that this drawing would address the concern of City Engineer Bill Szymanski dated April 27, 1999 (See Appendix A). In addition, Staff notes that the sketch plan submitted by the applicant does not show any water or sewer lines outside of the 60 ft. Quarry Hill Road right-of- way. The sketch plan submitted appears to be a reduced copy of the plat recorded in 1982 after the Planning Commission approval of the manager's apartment unit (See Appendix D). As indicated above, this sketch does not include any reference to a pedestrian or recreation path easement. The South Burlington Recreation Path Committee (RPC) met with the applicant in 1999 to review the pedestrian easement requirement. The RPC will review the subject CITY OF SOUTH BURLINGTON 3 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING \su b\horizon\sketch. srp. doc proposal again on Monday, March 3, 2003. Staff expects that the RPC will reiterate the need for a floating recreation path easement that will allow connection to the Quarry Hill property to the north. Based on the above review, Staff recommends that the Development Review Board encourage the applicant to prepare a combined preliminary/final plan application, which addresses the following. - The applicant must execute a recreation path easement that is acceptable to the City Attorney. 2. The plans should be revised to show a floating 20 ft. wide recreation path easement that addresses the concerns of the Recreation Path Committee and the City Attorney. 3. The applicant must provide evidence that the $891 recreation fee has been paid to the City of South Burlington. 4. The plans must be revised to describe or show sewer and water easements as shown on the original survey plat, recorded in Volume 105, Page 73 of the South Burlington land records or as required by the City Engineer. Respectfully submitted, Ja et M. Hurley, Ass iate Planner Copy to: Bill Marks, Horizon Height Condominium Association South Burlington Recreation Path Committee ` I State of Vermont K, LAND USE PERMIT ADMINISTRATIVE AMENDMENT CASE # 4CO248-2 LAWS/REGULATIONS INVOLVED APPLICANT Horizon Heights 10 V.S.A., Chapter 151 (Act 250) and Condominium Association 10 V.S.A., Chapter 61, Water Supply and c/o James Wick, Esq. Wastewater Disposal, Environmental PO Box 1336 Protection Rules: Burlington, VT 05402-1336 Chapters 1 & 21 The District #4 Environmental Commission hereby issues administrative Land Use Permit Amendment #4CO248-2 for the purpose of incorporating Water Supply and Wastewater Disposal Permit #WW-4-1282 recently issued by the Regional Engineer, Agency of Natural Resources. This permit specifically authorizes adding one three bedroom condominium unit referenced as unit #38B to the 76 units approved in Certification of Compliance #4CO248. This project is located off Spear Street in the City of South Burlington, Vermont. The permittee is reminded that this permit is being issued only for the laws and regulations stated above. Any applicable state or local permit not included above must be obtained in addition to this permit. CONDITIONS 1. This permit hereby incorporates all of the conditions of Water Supply and Wastewater Disposal Permit #WW-4-1282 issued on June 10, 1999 by the Regional Engineer, Wastewater Management Division, Department of Environmental Conservation, Agency of Natural Resources in compliance with the above -referenced Vermont State Environmental Protection Rules. 2. Except as amended herein, all terms and conditions of Land Use Permit 94CO248 and subsequent amendments remain in full force � and effect. Dated at Essex Junction, Vermont this .6 day of November, 1999. By James Boyd, District Coordinator District #4 Environmental Commission 4CO248-2.aa/eb ) CERTIFICATE OF SERVICE I hereby certify that on this day of November, 1999 a copy of the foregoing Land Use Permit #4CO248-2 was sent, first class mail, postage prepaid, to: PARTIES: Horizon Heights Condominium Association c/o James Wick, Esq. PO Box 1336 Burlington, VT 05402-1336 Margaret Picard, City Clerk Chair, City Council/Chair, Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Herb Durfee, Acting Executive Director Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 Jon Groveman, Land Use Attorney Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, VT 05671-0301 District #4 Environmental Commission 111 West Street Essex Junction, VT 05452 Ernie Christianson, Regional Engineer ANR/111 West Street Essex Junction, VT 05452 Dated at Essex Junction, Vernint, this � d�of November, 1999. I admin4.cs/eb -879-5660 CI7 f OF SOUTH BURLINGZ ON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BUR.LINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 16, 1999 Jim Wick, F squire P.O. Box 1336 Burlington, Vermont 05402 Re: Horizon Heights Reapproval, 350 Spear Street Dear Mr. Wick: Enclosed is a copy of the May 25, 1999 Planning Commission meeting minutes. If you have any questions, please give me a call. Joe Keith, Director Planning & Zoning JW/mcp I End i State of Vermont WATER SUPPLY & WASTEWATER DISPOSAL PERMIT Case Number: WW-4-1282 PIN: EJ99-0115 LAWS/REGiJI,ATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Landowner: Horizon Heights Condominium Association Address: c/o James Wick, Esquire P.O. Box 1336 Burlington, VT 05402 This project, consisting of adding one three bedroom condominium unit referenced as Unit #38B to the 76 units approved in Certification of Compliance #4CO248, served by municipal water and sewer services, located off Spear Street in the town 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 approval under Act 250 case number 4CO248. GENERAL 1 • This permit does not relieve the permittee from obtaining all other ermits as may be required from the Act 250 District Environmental Commission, the Depprovals and artment of Labor and Industry - phone (802) 828-2106 or (802) 658-2199 and local officials pLior to proceeding with this project. 2. The project shall be completed as shown on the following plans which have been stamped "approved" by the Wastewater Management Division: Project 81073, Sheet 1 of 1 "Horizon Heights Condominiums" dated 12-09-81 prepared by Trudell Consulting Engineers, Inc. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 3 • No alterations to the building that would change or affect the exterior water supply or sewage disposal, or the approved use of the building shall be allowed without prior review and approval from the Agency of Natural Resources. 4. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. 5. 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 Water Supply & Wastewater �sposal Permit WW-4-1282 Horizon Heights Condominium Association Page 2 of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. 6. All conditions set forth in Certification of Compliance #4CO248 shall remain in effect except as modified or amended herein. WATER SUPPLY 7. The unit 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 Wastewater Management Division. SEWAGE DISPOSAL S. The unit is approved for wastewater disposal by connection to the municipal sewer system. No other method of wastewater disposal shall be 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 June 10, 1999. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer For the Reccrd South Burlington Planning Commission & Select Board Trudell Consulting Engineers, Inc. Act 250 Coordinator - Case #4CO248 Department of Labor & Industry Water Supply Division PLANNING COMMISSION 24 MAY 1999 8. Prior to recording the final plat plans the applicant shall provide a legal document approved by the City Attorney which gives the City an easement for all stormwater pipes that exist on the property which drain City streets. 9. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance the Planning Commission estimates that the change in use will generate 22 additional vehicle trip ends during the P. M. peak hour. 10. Pursuant to Section 25.113(c) of the zoning regulations the Planning Commission approves a 45 foot high building which represents a 5 foot high waiver. The Commission has determined that this taller structure: i) will not aticct adversely the essential character of the neighborhood or district in which the property is located, ii) will not detract from the important scenic views from ad*acent public roadways and other public rights -of -way. 11. The building shall have sprinklers, stand pips and alarms. 12. The final plat plans (Sheets Cl. C2, and L-1) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall reauire approval of the Director. Ms. Ouimby seconded. Motion passed unanimously. 5. Sketch plan application of Horizon Heights Condominium Association for reapproval of unit #38B originally approved on 4/22/79, 350 Spear Street: Mr. Wick noted that the approval was granted on 4/27/79 but the revised final plat was never recorded. Mr. Wick also said he couldn't see where the pedestrian easement should be. Mr. Weith said it should line up with the property to the north. Mr. Burgess asked about the as-builts. Mr. Wick said he was told there were none. Brent Desranleau of C W D found something in their records. Mr. Burgess said that probably shows the water lines. Mr. Burgess also noted that the $891. recreation fee had never been paid. Mr. Wick said it will be paid. CI'1 > OF SOUTH BURLING'i ON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 21, 1999 Jim Wick, Esquire P.O. Box 1336 Burlington, Vermont 05401 Re: Horizon Heights Reapproval, 350 Spear Street Dear Mr. Wick. 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, May 25, 1999 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Joe lVeith, Director Planning & Zoning JW/mcp Encls Memorandum - Planning May 25, 1999 agenda items May 22, 1999 the zoning regulations of 35 feet from the average preconstruction grade. The building elevations submitted indicate that the building will exceed the height limit. Preliminary plat condition #2d required that building elevation plans be revised to show the preconstruction grade on all sides of the building. This condition has not been met. Lighting_ Exterior lighting will include 100 watt metal halide lamps with downcasting shielded fixtures mounted on 14 foot poles. Preliminary plat condition #9 required that the applicant submit details (cut -sheets) for the building mounted lights. This condition has not been met. 5) HORIZON HEIGHTS CONDO ASSOCIATION - REAPPROVAL - SKETCH PLAN This project consists of the reapproval of unit #38B (manager's apartment) which was originally approved on 4/24/79 (minutes enclosed). The approval granted on 4/24/79 became null and void 90 days after the approval because the revised final plat was not recorded. Horizon Heights is a 77 unit condo project, with 76 units approved on 3/22/77. The purpose of this application is to legitimize the additional unit. This property located at 350 Spear Street lies within the R7 District. It is bounded on the north by the Quarry Hill Club, on the east by I-89, on the south by UVM land, and on the west by residences and the Quarry Hill Road. The original approval included four (4) conditions (see enclosed minutes). The issues raised by these conditions are as follows: Recreation fee: The applicant was required to pay the recreation fee balance of $891. Staff can find no evidence that this fee was ever paid. "As-builts". The applicant was required to submit "as -built" drawings. These drawings were never submitted. Applicant indicates that it is not possible to provide "as-builts" because all the utilities have been buried. Pedestrian easement: The applicant was required to execute an offer of dedication for the pedestrian easement. This offer of dedication was never executed. Emergency access: The applicant was required to chain the emergency access as approved by the Fire Chief. The emergency access is not currently chained and this is acceptable to the Fire Chief. 5 Memorandum - Planning May 25, 1999 agenda items May 21, 1999 At a minimum staff recommends that the recreation fee and pedestrian easement be conditioned as part of this approval. 6) PATRICK B. AYER - AUTO REPAIR & SERVICE - SITE PLAN This project consists of amending a previously approved plan for a 9868 square foot building with 3200 square feet of vacant space and 6668 square feet of auto repair and service use. The amendment consists of converting 3200 square feet of vacant space to auto repair and service use and auto rental use. The last review of this property by the Commission was on 1/12/99 (minutes enclosed). The applicant will be required to obtain a conditional use permit for the auto rental use. 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 Put), on the west by a multiple use commercial building, and on the south by Berard Drive. Access/circulation: Access is provided by a 20 foot curb cut on Berard Drive. No changes proposed. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 10.2% (maximum allowed is 30%). Overall coverage is 43% (maximum allowed is 70%). Front yard coverage is 13.3% (maximum allowed is 30%). Setback requirements are met. Parking: A total of 20 spaces are required and 18 spaces will be available including two (2) handicapped spaces for the customers and employees. A bike rack is being provided. 25 auto storage spaces are available at the rear of the property for the rental vehicles. Staff recommends that the plan identify which spaces will be used for the auto rental vehicles. Landscaping: There is no minimum landscaping requirement based on building costs, for this project. The site is well landscaped and no additional landscaping recommended. Sewer: No additional sewer allocation needed. Traffic: ITE estimates the current uses to generate 30.3 vehicle trip ends (vte's) during the P.M. peak hour and the proposed uses to generate 32.3 vte's for a two (2) vte increase. The applicant should be aware that the road impact fee is approximately $10. C�7 JAMES H. WICK DONALD B. MADDOCKS WICK & MADDOCKS ATTORNEYS AT LAW 308 COLLEGE STREET P.O. BOX 1336 BURLINGTON, VERMONT 05402 FAX TRANSMITTAL DATE: l gv/ qq TO: %2 � /2 �v . AmFAX # FROM: AK - NUMBER OF PAGES % (including cover sheet) TELEPHONE (802)658-3037 FAX (802) 6584918 HILTON A. WICK OF COUNSEL REFERENCE: MESSAGE: / - l ✓UA VZ My Fax #: (802) 658-4918 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. JAMES H. WICK DONALD B. MADDOCKS 0 WICK & MADDOCKS ATTORNEYS AT LAW 308 COLLEGE STREET P. 0. BOX 1336 BURLINGTON, VERMONT 05402 Ale TELEPHONE (802) 658-3037 FAX (802) 658-4918 HILTON A. WICK OF COUNSEL /dam t 0M k k 'e"104lw d-, wd"- �6 % l&k 7o's s� / 7 &,7.0 / )/tj1� , P e . N� 1�b )VIA, 44A lk,96f µ����Q�7.u.�vL 40,411- /�n- 5445� faAA4,,�- ;A.N �4e JAMES H. WICK DONALD B. MADDOCKS WICK & MADDOCKS ATTORNEYS AT LAW 308 COLLEGE STREET P. O. BOX 1336 TELEPHONE BURLINGTON, VERMONT 05402 (802) 658-3037 FAX (802) 658-4918 HILTON A. WICK OF COUNSEL --f" il PON VAA,(,4 �uabtk Z.1. f/0111jw / 6 PICA AGENCY OF NA', .4AL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET TOTAL #DEC PERMITS % THIS IS NOT A PERMIT RESPONSE DAT PRE APPLICATION REVIEW DISTRICT_ PENDING APPLICATION # TOWN GIT�i 1,6iA/6Z,11 PIN # —CT OWNER OF, /PROJECT SITE: NAME: 1Jf e1Za1V d-7,6Ak5 I:/t AIJa �SSdCa�'7��✓ ADDRESS: TELEPHONE: Based on information provided by //t of land of acres, located on XxIvIr E21 wA.16 awl- 3g8 ,rIh'e/zov- 1kn"e3 Prior Permits From This Office: 1f60IL/Y AST�R REPRESENTATIVE: NAME. C1/c ADDRESS:_po �)( /33G �.�U2�iNGrDa/; TELEPHONE:( on W1;4/9 I a project was reviewed on a tract/tracts The project is generally described as: raj;ry 9 '�(-neeoryS '.hvO-SQlckz. 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 lots AN ACT 250 PERMIT IS REQUIRED: X _YES __NO; Copies sent to Statutory Parties. YES COMMENTS: � � NO Lwk �� ��� ��� 46o2481 mc, f' '� �-Io ENVIRONMENTAL COMMISSION DISTRICTS #4,6 &9 111 WEST STREET SIGNATURE: DATE: ADDRESS: ESSEX JUNCTION,VT 05452 istrict Coo inator Telephone: (802)879-5614 G WASTEWATER MANAGEMENT IV SION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED YES NO Water Supply & Wastewater sa % Subdivision Wor Exemption Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: Le�r/E'S/ e/1ClSi7/�i�✓ fj AGENCY OF NATURAL RESOURCES OF SIGNATURE: &`LJ,4 i%%�r� DATE: �i30 92 ADDRESS: DEPT. CON ERVATIONNMENTAL Environmental Assistance Division Wastewater Management Division Telephone: (802)879-5656 111 WEST STREET 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 OVER OTHE- JRMITS AND REVIEWS YOU MAY NEED: (C ''rued) 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 (802-2413400) Contact: Well head protection areas Bottled Water Construction Permit, water system improvements Permit to operate 6. WATER QUALITY DIVISION, ANR Hydroelectric Projects (241-3770) Shoreland encroachment (241-3777) Wetlands (241-3770) Stream Alteration (748-8787/786-5906) New Hydrants 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) 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: 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) SprLPIGasrS Systragems Storage of flammable liquids, explosives Boilers and pressure vessels Plumbing in residences served by public water/sewer with 10 or more customers 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 Hot Tub Installation & Inspection - Commercial Children's camps 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 (828ers (828-2421) Milk processing facilities (828-2433) Animal shelters/pet merchantAvestock dealers 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. DEPARTMENT OF PUBLIC SERVICE (800-6423281) VT Residential Building Energy Standards (See Enclosure) 17. DIVISION FOR HISTORIC PRESERVATION (802-8283226) 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) DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste 22 CAL 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) REVISION DATE: Form Date 11197 25. OTHER: Rev. 7/98 State of Vermont *�`=:., Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation April 27, 1999 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 Horizon Heights Condo. Assoc. c/o James Wick, Esq. P.O. Box 1336 Burlington VT 05402 Subject: WW-4-1282, Horizon Heights -- Permit existing 3 bedroom Unit 38B mun. water & sewer 450 gpd located on Spear Street in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #2932a on April 26, 1999, 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. Sircerely, Iren J,. Roberge DEC Regional Office Coord. c City of South Burlington Planning Commission Richard Trudell CI'i _� OF SOUTH BURLING'i .)N DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 20, 1999 Irene Roberge Agency of Natural Resources 1 1 1 West Street Essex Junction, Vermont 05452 Re: Horizon Heights, Unit #3813 Dear Ms. Roberge: Please be advised that unit #3813 at Horizon Heights is currently connected to the City's municipal sewer system. If you require further information, please let me know. �n erely, /e Weith, Director Tanning and Zoning JW/mcp CIZ __ )OF SOUTH BURLINGZ ,%T DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 5, 1999 Jim Wick, Esquire P.O. Box 1336 Burlington, Vermont 05402 Re: Horizon Heights Reapproval, 350 Spear Street Dear Mr. Wick: Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, May 14, 1999. If you have any questions, please give me a call. Sincer y, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls Preliminary Memo - Planning May 25, 1999 agenda items May 7, 1999 Page 2 CHIP SPILLANE - LANDSCAPING ALTERATION - SITE PLAN — plan should be revised to show: • the dumpster storage area • the ice machine, coke machine and propane tank storage rack located at north west corner of lot. Staff recommends that this equipment/storage be moved inside the building or at least to a less conspicuous location, such as along the north side of the building. • the planter on the north side of the service station building • that there is no ramp north of parking space #8 — indicate the type, size and quantity of shrubs proposed. — the two (2) pole mounted floodlights should be replaced with downcasting shielded fixtures. — plan should show a bike rack as required under Section 26.253(b) of the zoning regulations. — parking spaces #25 and 27 should be eliminated HORIZON HEIGHTS CONDO ASSOCIATION - REAPPROVAL - SKETCH PLAN The applicant should determine whether the conditions of the 4/24/79 approval for the manager's unit have been met. If these conditions have been met, provide evidence that they have, if not, then these conditions must be complied with: — pay final balance of recreation fee of $891. — that "as-builts" be submitted — that an offer of dedication for the pedestrian easement be executed. — that the emergency access be chained as approved by the Fire Chief MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: May 25, 1999 Agenda Items Date: April 27, 1999 LOT CLEARING - 1116 SHELBURNE ROAD The storm drainage system serving the site should be shown on the plan. GOLF COURSE BIKE PATH - OVERLOOK TERRACE & GOLF COURSE ROAD Site plans prepared by Civil Engineering Associates dated March 21, 1999 are acceptable. STAYBRIDGE SUITES - LOT #1 1 OFF SHELBURNE ROAD Site plans prepared by Krebs & Lansing Engineers dated December 23, 1998 are acceptable. AUTOBAHN BODY WORKS, INC. - BERARD DRIVE Site plan prepared by Llewellyn, Inc., dated December, 1998 is acceptable. HORIZON HEIGHTS - QUARRY HILL ROAD Plan should show water and sewer service lines. MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: May 25, 1999 agenda items Date: April 27, 1999 1) Highlands Development, LLC & JAM Golf, LLC Dorset Street Acceptable Dated 3/29/99 2) John Larkin, Inc. Dated 3/29/99 1720 Shelburne Road This building should have sprinklers, stand pipes and alarms. We are concerned about access to this building through the parking lot. 3) Chip Spillane 1116 Shelburne Road Acceptable 4) Pat & Terese Ayer 4 Berard Drive Acceptable 5) Horizon Heights Quarry Hill Road Acceptable Dated 3/31/99 Dated 4/2/99 Dated 4/13/99 JAMES H. WICK DONALD B. MADDOCKS WICK & MADDOCKS ATTORNEYS AT LAW 308 COLLEGE STREET P.O. BOX 1336 BURLINGTON, VERMONT 05402 TELEPHONE (802)658-3037 FAX (802) 6584918 HILTON A. WICK OF COUNSEL DATE: TO: FAX # FROM: -)��-� _�. - (/hlu/ 47 NUMBER OF PAGES (including cover sheet) REFERENCE: # r i 2u" , MESSAGE: fi> "r 37 M Fax #: 802 �58-4918 �- Y ( ) y THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE ADDRESSE 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. z CITY OF SOUTH BURLINGTON Subdivision Application -(SKETCH PLAN 1) Name, address, and phone number of: //�� a. Owner of record � D rfz"a /rA #V oZZ / &n !V� e b. Applicant ��� it'll i r;CG�x�"'L _ 14r/Ze'n �� c . Contact J 14+i1 ,yb3 % 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). .4f�- A04- 3 % 3) Applicant's legal interest in the property (fee simply, option, etc. ZIA /flux,, (wxfle 4) Names of owners of record of all contiguous properties 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. n 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. A4/,2: Al'f� 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 dates of such actions: _ A r� ; X /7 1 4er 7 ice'", rt� �u�t jp �47 8) Submit five copies and one reduced copy (8} x 11, 81 x 14 or ' 11 x 17) of a Sketch plan showing the following information:/P`` 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 development. (Signat re) appli ant or contact person Date VIM 22 '99 05:33PM MILLER EGGELSTCM MILLER, EGGLESTON & CEAMER, LTD. P.3i29- /V/ U46) (j /� y.� 4CO248-1 were issued in connection with the Horizon eights Condominiums. "rile pernhits raise the following issues: A. Additional Unit. Tile state perr ' s i 1977 approved Horizon Heights as a 76 unit development. An additional unit was ridded i 19'79J Ernie Christianson has indicated that. the / y `�q / 7 Certificate of Compliance must be amendedto refle a additional unit. I understand that rn.i are 1 applying for an amended permi.t. I have enclosed copies of the 1979 sketch filed with the South Burlington Planning Colnml sion depicting the additional unit. I have also enclosed a copy of the plan recorded in 1982 with the condominium declarat o . The additional unit is depicted as Unit �Don the condominium plan. Please check with District#4 Act 250 Coordinator Jim Boyd to see if the Act 250 permit must also be amended to reflect the additional unit. If an amendment is necessary I expect that it can be clone quickly and easily as an administrative amendment. B. ; cheer's Certification Land Use 1'ermit 4CO428-1required all engineer to certify that the waste water system was connected to the city system as shown on the approved plaits. The file contains a letter fronn Richard Trudell, P.E. to Ernie Christianson dated December 19, 1999 and a letter from Ernie Christianson to Kevin liat.in of the Horizon Heights Association addressing this matter. Apparently Richard Tiudell's letter indicated that a manhole had been buried or covered with pavement. In his letter Ernie Christianson requested that the association correct this problem and gave them until June 4, 1999 to do so_ Please check with the association attcl find out what they are doing on this matter. C. 'ilumbirxg Froblems. The file for Land Use Permit 4CO248 contains notes concerning problems involving the hot water heaters at Horizon Heights. The problems occurred in 1982 and the state inspector recommended modifying the plumbing to correct the problems. There is no indication in the file whether the work was done. Please check with tb.e associations about this matter. D. Act 250 Pennit Lx iratiozs Date. The Act 250 permit for Horizon Heights states that it expires on April 21, 1997. District #4 Act 250 Coordinator Jim Boyd indicates that Environmental Rule 32 was ahhsended in 1994 to indefinitely extend permits for projects such,).-, Horizon Heights. 4. Cif yproval. The Horizon Heights condominiums were originally approved by the South Burlington Planning Commission on March 22, 1977 as a nit / development. The South Burlington Planning Commission approved the construction ofpiti-al 1i on April 24,1979. The April 24, 1979 approval required the applicant to record a revisedplat ,,p „ in,the land records. No such plan has been recorded. Ray Belair, of the South Burlington Planning -�J �w and Zoning Office, indicates that the Planning Commission can probably address this matter now in an expedited manner. Ray and I reviewed the original plat recorded in connection with the March 22, 1977 approval. The plat recorded in Map Volume 105, Page 73 was not properly signed by tlic planning commission, or recorded in a timely manner. Hopefully this problem can be corrected at the same time the revised final plat is approved and recorded. n 0 FLw R '6,70j 1,/al 0 L -. "I State Of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Department of Fish and Wildlife I I I West Street Department of Forests, Parks and Recreation Department of Environmental Conservation Essex Junction, Vermont 05452 Telephone #(802) 879-5656 Kevin Hatin Horizon Heights Association! 350 Spear Street Unit 51 South Burlington, VT 05403 Dear Kevin: January 11, 1999 Subject: Case number # 4CO248, Horizon Heights Condominiums located off Spear Street, ,South Burlington, Vermont. I have reviewed the report dated December 18, 1998 by Mr. Richard P. Trudell, P.E., regarding the sanitary sewer lines serving the above subject project. Mr. Trudell's report indicates that the sanitary sewer appears to have been constructed in general conformance with the approved plans with two exceptions. The fourth manhole listed in his letter has approximately 24 inches of fill material above the rim of the manhole. The fifth manhole, which is the manhole connecting the 8 inch sewer for Horizon Heights to the 10 inch municipal sewer main could not be located as it may have been covered with three to four feet of fill. I will accept the report by Mr. Trudell that the sewer has been constructed in general conformance with the approved plans with the understanding that the fifth manhole be located to verify its existence and that the rims of manholes four and five be brought up to grade or the area around the manholes regraded to expose the rims of the manholes. Manholes may not be left in a depression so any regrading of the area would need to allow for the outlet of surface water so that surface water would not pond at above the manholes. It is understood this work can be performed at this time. I am also agreeable to allow the`condominium association time to conduct the work should frost or other problems occur. I would consider extending completion of construction to June 4, 1999. Please contact me at 1-802-879-5675 if you have any questions. Sincerely, Ernest P. Christianson Regional Engineer copies: Town of South Burlington Trudell Consulting Engineers, Inc. N look 4 Al Nsodw+v//a-V t. s .12 units 1- v O\ 4C aW ` Fl. Elev. 317 �` s az 1Z units h o� Fi. Ede . ro�� /2 units 316 \ \ Fl. Elev. 7 J � Approved by resolution of the Pla ning Comm o '� �� the City of Sout day of ,19 _ q , sub; cct to the require• / meats d conditions of said resolution. Signed this Y i • day of _ ? 'man or Clem .19 ✓bye_ / - - l CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT I Name of Applicant is 1 C v ra II Name of Subdivision T-- G i 1 ►! III Indicate any changes,to name, address, or phone number of owner of record, applicant, contact person, engineer, sur- veyor, attorney or plat designer since preliminary plat application: IV Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, developmental timetable, since preliminary plat application V Attach a final plat drawing (originals not needed) showing the following information: (1) Proposed subdivision name or identifying title, the name and address of the record owner and subdivider, the name, license number and seal of the licensed land surveyor, the boundaries of the subdivision and its general location in relation to existing streets or other land marks, scale (numerical and graphic), date and true north arrow. (2) Street names and lines, pedestrial ways, lots, reservations, easements, and areas to be dedicated to public use. (3) Sufficient data acceptable to the City Engineer to determine readily the location, bearing and lenoth of every street line, lot line, boudary line and to reproduce such lines upon the around. -;here applicable these should be tied to reference points previously established by the city. -2- (4) The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street. (5) By property designation on such Plat, all public space for which offers of cession are made by the subdivider and those spaces title to which is reserved by him. (6) Lots within the subdivision numbered in numerical oreer within blocks, and bloc?,s lettered in alphabetical order. (7) The location of all of the i -provements re -erred �o in Section 301.1-*and in addition thereto the location of all utility poles, se:, -age disposal sj7stej<<s, eater supply systems and rough grading and other devices and methods of draining the area affecting the subrivision. +2:1A (8) Permanent reference .nonu-aents slio-.•rn thus: and lot corner iarhers shown thus: ".O". (9) Construction drawings of all *.-eauired i.-,7rorovements. VI inclose suDporting eocuamants listed below or request that they be recauirec as a condition of final plat approval: (1) Copies of Dr000sed deeds, agreements or other docu-rants showing the :manner in which open space, including park and recreational areas and school site areas, are to be dedicated, reserved and maintained and a certificate of the City Attorne-7 that these documents are satisfactory. (2) A certificate of the City �cineer as to the satisfactory completion of all improve.m ents required bry the Co.n-nis sion, or, in lieu of any required i::rmrovements not so co.-apleted, a perTormance bond to secure completion of such improvements and their maintenance for a period of two years, and written evidence that the Citv Council is satisfied either with the bonding or surety company or with security furnished by the subdivider. i (3) A copy of such covenants or dead restrictions as are in- tended to cover all or part of the tract. (4) A prospectus describing the management organization if one is required. (5) In the case of a subdivision or development served by a privately owned and/or maintained street:_ (a) a copy of all proposed deeds, agreements, or other documn2nts which convey or relate to the use of a privately owned street or right-of-way, and a certi- fic-te of the City Attorney that these documents are satisfactory. -3- (b) a completed contract between the lan(5o•;mer and the city regarding the number of lots or dwelling units to be served by the proposed right -of -;,;ay or private street and the responsibility for the roadway maint- enance, along with a certificate of the Attorney that the contract is satisfactory. (sicraiure) applicant or contact person 3� 7-9--7 cate .t ' ADMINISTRATIVE CHECKLIS_ PROJECT NAME/FILE REERENCE HORIZON HEIGHTS MANAGER APARTMENT 1'. LETTER OF NOTIFICATION & APPROVAL MOTION OR FINDINGS & ORDER 2. BONDING OR ESCROW AGREEMENTS LANDSCAPING SEWER WATER STORM DRAINAGE ROADS CURBS SIDEWALKS (NOTE ALL RELEASES OR AGREEMENT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED & S INSPECTIONS COMPLETED, ETC.: 4. UTILITY EASEMENTS *, BILLS OF SALE RECORDED ACCEPTED 5. CERTIFICATE OF TITLE x 6. ROADWAYS DEEDS FOR CITY STREETS ACCEPTED * PRIVATE ROAD & WAIVER AGREEMENT x 7. FINAL PLAT OR RECORD COPY - STAMPED ., SIGNED, & FILED OR RECORDED B. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 9. MISCELLANEOUS AGREEMENTS LAND FOR ROAD WIDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SHARED ACCESS POINTS OTHER 10. COPY OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES) 11. FEES - PAID/DATE HEARING BU I LD ING P ERMIT ENGINEERING INSP. SEWER RECREATION ( RECORD CALCULATIONS AND DEPOSIT IN ACCOUNT) 12. IMPACT FOLLOW UP i.e., "ON LINE" EVALUATION: SCHOOL KIDS CAR COUNTS M E M O R A N D U M Tc: Interested Parties From: Stephen Page, Planner Re: Divets - Horizon Heights Date: March 13, 1979 1. Street Upgrading - $2700 should be retained in escrow until Quarry Hill Road is upgraded to full City street status; this amount is for drainage work, and paving and base course for widening to 301. 2. Recreation fee - balance of/�891 is due. 3. Sewer & Water - draft deeds have been submitted; WJS has OK'd the sewer, Ed Blake's OK is needed on the water lines. Once Spokes has OK'd the deeds and "as built" plans have been received, all is OK. 4. Pedestrian/bikepath easement - deed, along with transfer return and offer of dedication need to be submitted and OK'd by Spokes. 5. Landscaping Bond - may be released in its entirety, subject to inspection for winterkill, when warm weather has arrived. 6. Certificate of Occupancy - may be issued after 1-5 above are met. 7. Managers Apartment - the final plat approval was for 76 units; addition of this apartment will require review and approval by the Planning Commission. V- OC,t ZZt 44-r x�-,, -762 0" A-4 11 + rc1;ZC-- f A.�-Av V-�NaL- V-ov. `74%, v" cry. G l RLOL "O" z s��e -r- -rum rz-cu ait,�4,�-, kvc-, ,a- PRul2�TE-TO(OF ELT: /o f94E- .-:// 4ADC W('eDJ4L, fcf- i A.�.►v r-g44L Gov- `740, CtVC.V(.A;NC? 1� LIVILATlr�_-� l.A�•lvfJ` ISPII-K�l AIZ Uµ'��-� TO t�or�c� (iF �.�wct--tom, ELT A+4V WhTt' 2. , 3, Or- PeMA�:o VF 4 a M E M O R A N D U M To: Dick Spokes From: Steve Page Re: Loose Ends - Horizon Heights Date: April 10, 1978 1) Retention of bond money to upgrade first 300' of Quarry Hill Road to a City Street - ,m 2) n(- of 4) Final grading not completed 5) Retain $6,000 of landscaping bond for 1 year to guarantee survi,.al of plantings 6) Certificate of Occupancy - Dick Ward 7 ) WJS : ALA, VVW-7 Gk., r vv �. 24 Rt. Neod* vi Ar ,12 �1- Fl. Elev. 317 \ _ l2 units y Fl. Ele . T /2 units 1 17 p00CyGg0vyO 10 1 .1� 3 PLANNING COMMISSION MARCH 22, 1977 The South Burlington Planning Commission held a regular meeting on Tuesday, March 22, 1977 in the Conference Room, Municipal Offices, 1175 Williston Road. Members Present William Wessel, Chairman; Ernest Levesque, Sidney Poger, Kirk Woolery, James Ewing Member Absent David Morency Others Present Stephen Page, Planning Assistant; Richard Bruce, Jerry �yler< Ralph DesLaurier, Mrs. DesLaurier, Richard Thomas, Judson Babcock, Michael Ram, Jim Holbrook, Richard Bingham, :Flr. and Mrs. Laurence Lenillee Mr. Pierson, Ralph Veve, Paul Simms, Bill Schuele, Bill Duff, Walt Platteborze, Free Press ------- Reading of Minutes of March 8, 1977 and March 15, 1977 In the Minutes of March 8, 1977, the following is to be added to stip— ulation 10 on page 2: The right of way along the southerly line shall be reserved. in an appropriate manner, for a potential future _cit street. In the Minutes of March 15, the following is to be added at the top of page 3: The motion was seconded by Mr. Levesque and passed unanimously. Mr. Pager then moved that the Planning Commission accept the Minutes of March 8. 1977 and March 15, 1977, as corrected. Mr. Levesque seconded the motion and it was passed unanimously. Public Hearing: Final Plat applications of Cupola Golf Course, Inc. and Richard Bruce et al. to set off one 11 acre lot, and construct 76 apartment units on said lot, east of Spear Street, north of the University Farm. Mr. Myler gave a general introduction to the project and then Bill Duff outlined the architectural changes made since the last meeting. He said that the parking shelters had been deleted because of cost, although they could be put in later, that the emergency exit had been lengthened and extended to the south because of the steepness of the slope, and that the number of units had gone from 77 to 76. Mr. Poger pointed out that at the last meeting the Commission had said that the road was too close to the parking shelters and he wished to know whether, if the shelters were later built, they would be too close. He was told that there would now be enough room. Mr. Ylyler said that every change in the plans had been approved by Mr. Page and ilr. Syzmanski. 2. Mr. Myler went through Mr. Page's memo of March 18, 1977. A name for the new road was discussed, with Mr. Page pointing out that it must be approved by the Commission and cannot be too close in sound to another in the city, since that could cause confusion on the part of the Post Office and/or the Fire Department. Quarry Hill was proposed, with the designation of street, road, etc. to be added later. Mr. Wessel warned the developers that they would be subject to the new recreation policy, but pointed out that it would be applied fairly to all developers. Mr. Myler then went through Dick Ward's memo of March, 18, 1977. In response to paragraph 2, he said that the existing vegetation will be placed on the site plan and that the trees will be protected during construction. In response to the final paragraph, Mr. Myler said that the figure of 112 of 1% of the.total development cost for engineering inspection fees would amount to about $7,000 and that that seemed rather high. Mr. Wessel said that it could be omitted as a provision of final plat approval until the proper people could take care of setting a more reasonable fee. Mr. Myler then went through Mr. Syzmanski's memo of March 18, 1977. He said that the things discussed in the memo will be worked out before : building permits are received. Mr. Wessel asked if the Fire Chief had looked at the proposed project and was told that he had looked at the preliminary plat but not at this.' Air. Wessel said that he was reluctant to give final approval until this was taken care of. Mr. Myler returned to Mr. Page's memo of March 18 and pedestrian ease- ment was discussed. At this point Richard Thomas, stating that he rep- resented Mrs. DesLaurier and the Cupola Golf Course, raised a question about the pedestrian easement that Cupola was providing to Horizon Heights. He was afraid that the easement would be on Cupola grounds, but was told that it would not; it will be on Horizon Heights land. He also objected to the first four lines on'page 2 of Mr. Page's March 18 memo.. He wanted the Commission to withhold a final requirement to bring the road up to city standards until a major subdivision is offered. He said that the road passes 3 acres of R7 Quarry Hill property which may be developed later but that the cost of upgrading the road to city standards would be so high that it would not be feasible to develop the 3 acres. He further said that if the Commission requires upgrading on the entire road he wants it to be no more stringent than the requirement for Horizon Heights (i.e. city standards without curbs and with asphalt sidewalks. Mr. Woolery pointed out that Cupola Golf Course also owns 20 more acres which are business acres and that if these were developed the road would take the traffic. Air. Poger recommended that the road be discussed when -and if there is further development. Mr. Wessel said that he would like to wait a week before giving final approval until the requirements for approval had been dealt with more completely. Mr. Myler said that they needed the final plat on March 30 for the Act 250 approvals.. Mr. Poger felt that the applicant had fulfilled all the requirements and that he should not be held up because the Commission had not worked out several issues yet. Mr. Poger then moved that the South Burlington Planning Commission approve the final 3. plat application of Horizon Heights and Cupola Golf Course, Inc Plan I final subdivision approval as on the Horizon Heights plan of ll sheets and a landscaping lan to be submitted later, by Green Mountain Surveys and Trudell Consulting Engineers dated 9 30 76, revised ll 29�i and Plan II final subdivision approval to a plan entitled "Cupola Golf Course, Inc." by Green Mountain Surveys, dated 3 2 77, with the followi stipulations: 1) that a final landscape plan be submitted to the Planning Commission. 2) that Horizon Heights be subject to the recreation fee to be set by the Planning Commission and approved by the City Council 3) that the stipulations in Bill Syzmanski's memo of March 18, 1977 be agreed to by the city engineer. 4) that a proper landscaping bond as required by the zoning ordinance be posted 5) that on Plan II of the Cupola Golf Course the following statements be entered: "Quarry Hill Road so-called, shall be fully_ upgraded to city design and construction standards in the event of a) additional subdivision, or, b) substantial further development" 6) that the road be called Quarry Hill and the final designation of road, street, boulevard be added 7) that a pedestrian right-of-way from Horizon Heights to the Quarry Hill Road, so called, be made 8) that the drafts of the utility easements from Cupola Golf Course and Horizon Heights be reviewed by the City Attorney. 9) that the City Attorney review the documents relating to the private road utility easements and that @.nd approval by the Planning Commission. su The motion was seconded by Mr. Levesque and passed unanimously. Chairman Wessel noted that he felt that it was premature to make approval on the final plat because so many of the administrative approvals have yet to be given. Public Bearing: Preliminary Plat applications of Burlington Indoor Tennis Center, Inc., and A. Judson Babcock to set off a lot of 35.1 acres, and construct 196 apartment units on said lot, east of Twin Oaks Terrace. 4. Judson Babcock gave a general outline of the proposed project and then answered the points in Mr. Page's March 18, 1977 memo. Michael Ram, who appeared with Mr. Babcock, also answered some questions.brought up by the points in the memo. Mr. Page suggested that Mr. Bergner and Mr. Brand, adjacent property owners, be given access to the city road for Twin Oaks. It was further suggested that the city road be moved over to the Green Mountain Power Co. right-of-way,so that_a very narrow pie -shaped lot would not be created. Mr. Poger said that he was concerned with the access to the apartments since it will be over a private drive. He moved that the South Burlington, Planning Commission ask Bruce Houghten to give advice on a road paralleling Kennedy Drive for access to the developments going up on the south side.. The motion was seconded by Mr. Woolery and passed unanimously. Mr. Babcock asked the Commission not to_require a -public road in the develop- ment because he is afraid that that would disrupt the privacy of the residents. He said, however, that if they did require one, there was a place it could be put in. =- Sidewalks and lighting were discussed briefly and then Mr. Babcock went -- -'`- through Richard Ward's March 18, 1977 memo. He also replied to Mr. Syzmanski' s memo of March 18, 1977. - Mr. Poger moved that the Planning Commission continue the public meeting ---- - on the preliminary plat of Twin Oaks until April 12, 1977. The motion was seconded by Mr. Levesque and passed unanimously. Sketch Plan Review, a lication of Chalet Susse International Inc. for a restaurant 150 seat and motel 60 unit at 148-172 Dorset Street, Jim Holbrook said that he represented the company, a budget motel chain from New Hampshire. He said that they provided clean quiet rooms and that the restaurant was not a fast-food chain, but served sit-down meals. He then replied to the comments of Mr. Page's memo of March 17, 1977 and Mr. Ward's and Mr. Syzmanski's of parch 18, 1977. Traffic on Dorset St. and the impact of this development were discussed. Mr. Wessel asked about the soils and was told that there seems to be a high water table and sandy soil. Mr. Holbrook did not think that there would be a drainage problem, since he would be putting a lot of water into the storm sewers and some more into swales that will run into a ditch. Mr. Poger and Mr. Levesque expressed concern about allowing any more - .. traffic generators before the congestion at the Dorset Street -Williston Road intersection is eased. Mr. Levesque pointed out that such high traffic raises the taxes on nearby property and has forced some people out. Mr. Poger moved to continue this site plan review to April 12, 1977. Mr. Levesque seconded the motion and it passed unanimously. Continuation of discussion on Recreation lands/equivalent fee policy. Mr. Page submitted three memos dealing with this policy. These are as follows: 5. MARCH 22. 1977 SSP In conjunction with Bruce O'Neill, I have prepared a list of park- land that is currently being used for municipal recreation programs or facilities: U.V.M. leased (5.1A), Chamberlain School (9A), Central School (4A), Middle/High School (18A), Orchard School (5A), Farrell Park (5A), J.C. Park (7.5A). Total = 54A t The following types of parkland have been excluded from this list: 1) open space - i. e., Mayfair Park, part of Farrell Park, etc. 2) land currently not used but otherwise suitable for these purposes - i. e., Garvey, DeGraff, Dumont, Potter 3) private lands It should also be noted that there is a substantial amount of -- --- private parkland or facilities, which softens but does not eliminate the impact created by those new projects (i.e., Meadowood at Spear, Ridgewood, etc.) - = For the purpose of determining how much land or money shoul be asked of a developer, we suggest a ratio of 4-6 acres of park land/1000 new residents. This recommendation is based on: a) the existing ratio of 5.4 acres/1000 people b) existing private facilities which may tend to I ress the current ratio and c) the NRPA minimum standard of 2.5 A1000 people. MARCH 14, 1977 revised March 22. 1977 SSP Suggested Procedure for Recreation Lands Equivalent Fees Summery All subdividers of land shall be required either to dedicate land for a neighborhood park or pay an equivalent fee, so that new residents will pay a more equitable share of the cost of providing the additional services which their presence demands. Any such requirement shall be proportional to the demand created by the proposed subdivision and implemented so as to benefit the residents of the proposed subdivision, and surrounding neighborhood. Procedure 1) A ratio of 5 acres of parkland/1000 people is established as the basis for calculating a developer's site obligation. 2) Planning Assistant shall project the population of the proposed subdivision using the most recent Federal census figures or other 6. current accepted demographic information (such as, but not limited to, 3.6 persons per detached dwelling - 2% vacancy rate and 2.5 persons multifamily unit - 6% vacancy rate). 3) The developer's site obligation is calculated by multiplying (projected population) x (acres of parkland person). The reservation of lands or provision of facilities for the exclusive use of the residents of the subdivision shall not affect the developer's site obligation. 4) The Planning Commission shall upon advice of the recreation director and City Manager, decide whether to accept the dedication of a park site, or to require an equivalent fee, the amount of which shall be set by the City Council. 5) Dedicated park sites shall be suitable for the intended purposes, based on size, shape, tree cover, topography, soils, access, and location. Such sites shall be suitable for the intended purpose as determined by the Planning Commission on the advice of the Recreation Director. -- 6) When an equivalent fee is required, its use shall be restricted to the acquisition of land or development of facilities for park or recreation purposes within a reasonable proximity to the proposed subdivision or so as to directly benefit the new residents of the subdivision. MARCH 16. 1977 revised MARCH 22,-1977 SSP Proposed Fee S stem For Recreation Lands Facilities Summery The amount of the equivalent fee for recreation lands or facilities shall be set by the City Council, and shall be proportional to the following: a) developer's site obligation b) the approximate net cost (local share) of acquiring recreational lands. c) the approximate cost per gross acre, which has been paid in the past by the City for recreation lands city wide, adjusted to current dollars to account for inflation, appreciation, etc. Procedure 1) obtain developer's site obligation, which has been determined by Planning Commission. 2) the figure of 310,000 per gross acre shall be assigned to the 7. developer's site obligation (for 1977)• 3) the fee due shall be calculated by multiplying 25% by the developer's financial site obligation. 25% has been the approximate, historical, net cost to City for acquiring and developing parkland in the past (the balance made up by state and B.O.R. funds). The 25% fictor may be adjusted, as appropriate, to account for fluctuations in the availability of non -local funds for these purposes. After some discussion of these three memos, Mr. Poger moved that the Planning Commission adopt the procedure and that the City Council adopt the fee system as proposed in Steve Page's memo of March 16, 1977. revised March 22, 1977, as supported by his memos of March 22, 1977 and March 14, 1977, revised March 22, 1977. The motion was seconded by Mr. Woolery and passed unanimously. The meeting was declared adjourned at 11:20 p.m. CLERK 5• PLANNING COMMISSION NOMMER 22, 1977 4) Sidewalk shown in front .of the building shall be extended to the southerly front end of the building. The motion was seconded by Mr. Ewing and passed unanimously. Request for modification of subdivision approval on Horizon Heights project Mr. Page said that one of.the stipulations on Horizon Heights' approval was the upgrading of Quarry Hill Road. The approval motion said that the street from Spear St. to the entrance to the project would be up to city standards except for the curbs and a concrete sidewalk. The sidewalk was to be on the north and the paving was to be in the center of.the 60' right of way. Towards the end of the project, the developers came to City Hall and said that it would be easier if they could put the paving off -center because that way several power poles and a fire hydrant would not have to be relocated. Also, the asphalt plants were going to be closing soon and they were afraid that the road would not be paved until the spring. For those reasons, Mr. Szymanski approved certain modifications to the approved plan and he has an "as built" plan. Technically, the developer should have come in for approval before doing anything, so he was asked to come back now to get approval. Mr. Morency said that it was the wrong way to get things done but that the Commission would have just asked for ;Mr. Szymanski's opinion anyway had the developers come to them first. Mr. Page said that it was important that the street be upgraded to city standards when the rest of the backland was developed. The question here is who will bear the cost of that, and Mr. Poger pointed out that the motion did not specify that. The pavement will have to be widened to 30', curbs and a concrete sidewalk will have to be put in. Mr. DesLauriers felt that it was going to be hard to go back to Horizon Heights when the rest of the land was developed and tell them that they have to bring the street up to standards. It may have serious financial effects as to who upgrades that section of road in the future, he said. He felt that the Commission could a) say that the road had to be built to the plan or b) say that they and the City Engineer agree that the road is up to standards - that it is OK to have the road up to 12' off -center and that with the only exceptions of adding curbing and possibly replacing the bituminous sidewalk with concrete in the same location, the Commission and City Engineer will accept the road as a city street in the future. He said that Cupola felt that if the Commission agreed that the road was to city standards, it was OK with them. If the Commission did not feel that it was, however, they did not feel that the Commission could change its mind now to the financial detriment of another developer. Mr. ?Morency said that he did not think that the road was to city standards. Mr. Page said that the approval motion had been hazy on the road width. He said that he had talked to 14r. Szymanski and that the improvements boiled down to the replacement of the sidewalk and the addition of curbs, 6' more of asphalt and some additional fill. Yr. DesLauriers said that Cupola did.not want to be asked to upgrade this street in the future. He said that he had understood that the first 300 or so feet were horizon Heights responsibility and the rest was that of Cupola or the next developer, when the backland wf_s developed. :r. Schuele felt that the problem was not the city's, but was a private matter between two developers, and he recommended talking to the City Attorney about the problem. Mr. Poger said that he was not willing to accept a 24' wide road in that condition as a city street but that he felt that the Planning Commission should not say who was tc pay for ulgrading it. .'Mr. Ewing said that if the motion asked fcr a 30' pavement, it should not be 24' wide. Yr. Levesque felt that the city had begin hustled and Mr. Foger agreed. The Commission agreed that it wanted a 30' pavement width and that 6. PLANNING COMISSION NOVEiBER 22, 1977 the City Attorney should be consulted. Nor. Poger said that bonding could be actuated or rent collected until the 30' width were paid for and he said that the developer had not done what the Commission expected. This kind of thing has happened before, he said, and they never do anything about it. The meeting was declared adjourned at 10:45 pm. Clerk Clam �flt� State of Vermont s .t �'• M Department of Fish and Wildlife Department of Forests. Parks and Recreation Department of Environmental Conservation April 19, 2001 Timothy Hurlbut 123 North Main Street St. Albans, VT 05478 Dear Tim: AGENCY OF NATURAL RESOURCES Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802) 879-5656 Subject: Certification of Compliance #4CO248 - Horizon Heights, Spear Street, South Burlington, VT. Our office has received a construction completion report from Trudell Consulting Engineers, Inc. dated December 18, 1998 and March 30, 1999 regarding the construction of the sanitary sewer and a letter from the City of South Burlington dated May 10, 2000 regarding the water line installation for the above subject project. These letters satisfy Condition #5 of the above referenced Certification of Compliance. Thank you for your close attention to the permit conditions and please contact me should you need anything further. Sincerely, �iwl� Ernest Christianson Regional Engineer c City of South Burlington Trudell Consulting Engineers, Inc. CASE No. APPLICANT ADDRESS State of Vermont LAND USE PERMIT #4CO248 LAWS/REGULATIONS INVOLVED BLP Corporation Mr. Douglas Pierson 10 VSA, Chapter 151 (Act; 950) 253 South Union Street Burlington, VT 05401 A Land Use Permit is hereby issued to the above named applicant for the construction of a 76 unit apartment complex off Spur Street, South Burlington, Vermont. The proiect must be completed as shown on the plans submitted and in accordance with the conditions below. The applicant is reminded that this permit is being issued only for the laws and regulations stated above. Any applicable state or local permit not included above must be obtained in addition to this permit. CONDITIONS 1. Land Use Permit #4CO248 shall be issued to BLP Corporation and cannot be transferred without prior written approval. This permit will expire on April 21, 1997, and must be renewed prior to that date to remain in effect. All construction must be completed by November 1, 1979, unless written approval for an extension of time is wanted. 2. No changes in the project shall be made without prior approval of the District Office. 3. The Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file a statement certifying that the project is being completed according; to the terns of the permit. 4. The applicant shall, for a period of not less than five (5) years, maintain the character of the landscaping as shown on the plan submitted and further explained at the Curtis W. Carter, Environmental Coordinator Dated at Essex Junction, Vermont, this 21st day of April, 1977. STATE, OF V) JRMONT H DISTRICT #4 FNVIRONMEMAL COMMISSION RF: #4CO248 BLP Corporation Mr. Douglas Pierson Findings of Fact and 253 South Union Street Conclusions of T,s.w Burlington, VT 05401 Set forth below are the Findings of Fact and Conclusions of Iraw or, -,r, application filed by BLP Corporation, r/1r. Douglas Pierson, 253 South Union Street, Burlington, Vermont. The application is for a Land Use Perwnit f,)r ,a 76 unit apartment complex off Soear Street, South Burlington, Vermont. "he specifications for the project are contained in the application, and plans titled "Horizon heights" sheets 1 through 11. The District Commission held a hearing on its own motion on with the following parties present: The applicant, Agency of. Enviroltr.( L' Conservation and the City of South Burlington Planning Commission. Based on the record, the Commission makes the following findings These findings of facts are based on the 10 criteria set forth in §60P)t Title 10. 1. The proposed development will not result in undue water or air no'Ilution. a. Sewage disposal will be provided by connection to the municipal system. The City of South Burlington his approved the connection. b. The Agency of Fhvironmental Conservation has approved the external sewer and water service under the Vermont Health Public Building Regulations. Internal plumbing is under review and must be approved prior to constructiok. i c. The applicant has received approval, subject to appeal, from the Denartmen of Water Resources for the discharge of the storm sewer. b d. There will be no open burning associated with the proposed development. Showers will be equipped with water saver fixtures. j 2. The proposed development does have sufficient water available for the reasonably foreseeable needs of the development and will not cause an unreasonable burden on an existing water supply. a. Water will be supplied by connection to the Municipal Water System. The City has agreed to supply the required water. b. The Department of Health has approved the extension of the municipal water system. 3. The proposed development will not cause unreasonable soil erosion or redu- ction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. i i a. The applicant will utilize normal erosion control practices in construction. The soil on the site is heavy and not easily erodible. Grading and seedir1 -L - will be as specified. 4. The proposed development will not cause unreasonable highway conprstion or unsafe conditions with respect to use of the hiphways existine; or proposed. a. Access to the project will be over the existing Quarry Hill Club road. That road will be improved to city standards. The City in their review, has approved the access. 5. The proposed development will not cause an unreasonable burden on the ability of the City of South Burlington to provide educational se:r,vices. a. The South Burlington School Directors have reviewed the proposed apartment project and do not feel that it will place an unreasonable burden on the ability of the municipality to provide educational services. 6. The proposed development will not place an unreasonable burden on tie ability of the City of South Burlington to provide municipal sere e s. a. The City, in their review, did not identify any problems with munrc nal service. 7. The proposed development 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. a. The site of the proposed development is currently a portion of an open golf course. Landscaping; of the proposed development will be as specified on the landscape plan. heavy plantings will be done along; the Interstate consisting of both deciduous and coniferous trees. The applicant at the hearing; weed to maintain the chkaacter of the landscaping for a period of five (5) years. b. The exterior of the proposed buildings will be redwood siding; and asphalt roof shingles. 8. The proposed development is in conformance with a duly adopted capability and development plan. a. The City of South Burlington Planning Commission, in their review, have considered the impact of growth of the proposed development. The construc- tion of the proposed 76 units in 1977 has been figured into the total residential units approved to date. The concern of the City was that there be control over the date of construction so that they could accurately plans for a specified pTowth rate both now and in the future. b. The applicant has increased the insulation in the ceiling; to ten inches or R-30. Six inches is proposed for the walls and the windows will be double glazed. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 1, 1990 Mr. Ralph DesLauriers 360 Spear Street South Burlington, Vermont 05403 Re: Quarry Hill Road Dear Ralph: ZONING ADMINISTRATOR 658-7958 Confirming our conversation regrading the upgrading of Quarry Hill Road to City standards. The final approval of Horizon Heights was granted on March 22, 1977 with the following stipulations pertaining to the road. That on plan II of the Cupola Golf Course the following state- ments be entered: "Quarry Hill Road so-called, shall be fully upgraded to city design and construction standards in the event of a) additional subdivision or-, b) substantial further develop- ment". That the road be called Quarry Hill and final designation of road, street, boulevard be added. Since the balance of your property is zoned residential and commercial the use of the Quarry Hill Road will be open for discussion when you submit plans for further development. I am not aware of any restriction that commercial uses are prohibited on Quarry Hill Road. Should you have an interested party for development of a commer- cial use, I would suggest a meeting with the City staff and your group. We do have a provision dealing with the number of residential units on a dead end street. Any proposed extension of Quarry Hill Road must address that concern. Mr. Ralph DesLauriers October 1, 1990 Page 2 Don't hesitate to call me should you wish a meeting. Very truly, Richard Ward, Zoning Administrative Officer cc: Joe Weith, City Planner nr_V111 WMVMM This three-way Agreement, in triplicate, between Richard H. Bruce, Lawrence A. Leveillee and Douglas C. Pierson ("Developers"), Cupola .Golf Course, Inc. ("Cupola" herein) and City of South Burlington, Vermont ("the City" herein), WITNESSETH: Whereas, Cupola conveyed to Developers a certain 11.3 acre parcel of land by Warranty Deed dated December 3, 1976 and recorded in Vol. 127, Pages 506-509 ("Subject Property" herein); and Whereas, the City's Planning Commission has granted Developers preliminary and final major subdivision approval for the purpose of constucting on Subject Property 76 two bedroom apartment units as shown on a plan entitled "Site Plan for Horizon Heights" dated September 30, 1976 and revised October 19, 1976; and Whereas, Cupola granted Developers access to Subject Property by virtue of the following provision of said Warranty Deed: "Also included in this conveyance is a right-of-way, in common with the Grantor herein and others, over a strip of land having a uniform width of 60 feet, leading easterly from Spear Street to the westerly terminus of land and premises so retained by the Grantor herein, which have previously been identified as 160' R.O.W.' (the southwesterly point of said westerly terminus is also the westerlymost northwest corner of Parcel 1). "Also included in this conveyance is a right-of-way for passage of persons and vehicles, in common with the Grantor herein and others, over a strip of land having a uniform width of 60 feet, located adjacent to the westerly boundaries of Parcels 1 and 2, hereinabove identified as said '60' R.O.W.'"; and Whereas, the Planning Commission's (November 16, 1976) preliminary approval provides in pertinent part as follows: "9. . . . The roadway serving the project shall be upgraded to City design and construction standards, except for curbs, from Spear Street to the primary entrance to the project . . . "; and Whereas, the upgrading of said roadway is to be performed by Developers at their expense, consistent with the following provision contained in Cupola's aforesaid Warranty Deed to Developers: "Also included in this conveyance is the right in the Grantees, at their expense, P . to make whatever improvement within the rights -of -way specified above may be and governmental authorities having uri drequired by municipal ictin over the Project to be constructed on the land and premises herein conveyed."; and, Whereas Developers and Cupola have entered into an Agreement April 7, 1977, and recorded in the City of South Burlington L dated relating to mutual rights and responsibilities for maintenance and Records, and upkeep of the sixty (60)-foot right-of-way � concerned in this Agreement, and relating to � rights Developers' of use of the roadwa P Y, which Agreement is in no way affected by this Agreement; and, Whereas, the parties desire to record their mutual understanding the effect that b to y granting said approvals and otherwise authorizing said project, the City has not assumed, but rather has s ecif' avowed, an P ically dis- y intention or obligation to plow, repair or otherwise maintain said roadway or to accept the same as a public street; and Whereas, Cupola granted Developers additional access to Sub'e Property, which Developers shall use for the purpose of estab J ct secondary entrance to Subject Property, lashing a P Y, b y virtue of the following provision contained in Cupola's aforesaid Warranty Deed to Developers: "Also included in this conveyance is a right -Of -way for passage of persons and vehicles, in common with the Grantor herein and others, over a strip of land having a uniform of 60 feet, located adjacent to the westerly boundarieswidth Parcels 1 and 2, hereinabove identified as said of ,, Now, therefore 60 R.O.W. . in consideration of said municipal approvals, the parties hereby covenant and agree as follows: 1. Neither Developers nor Cupola shall take any action which require the City to maintain or provide any services on the shall described roadway,g above without first obtaining the City's written consent and - 2 - approval. 2. Developers and Cupola shall fully maintain said roadway and keep the same in good repair in accordance with their April 7, 1977, Agreement with regard to the division of said responsibility between themselves. 3. If for some reason or cause unforeseen as of this date or if by some process of law the City should hereafter accept the dedication of said roadway as a public street, then and in that event, to the extent that the same shall be required, said roadway shall be upgraded to City requi � as to design and construction, without cost or obligation to the City, and Developers and Cupola shall then convey the same and all their rights therein to the City for the sum of One Dollar. Nothing contained in this paragraph shall be construed as obligating either Developers or Cupola, or both of them, to dedicate any portion of Quarry Hill Road as a public street and, similarly, nothing contained in this paragraph shall be construed as obligating the City to accept any such proffered dedication. 4. The parties confirm the fact that the above -described secondary entrance to the Subject Property shall at all times be kept accessible for the use of emergency vehicles, but acknowledge that it will be closed by a gate to prevent use by normal traffic. 5. This Agreement may be amended or revoked only upon written consent and approval by the City. 6. This Agreement shall not only be binding upon the parties signatory, but also upon their respective heirs, executors, administrators, successors and assigns. .10 DATED April /'-/ , 1977. In,s�nce STATE OF VERMONT CHITTENDEN COUNTY, SS. 77Qr RICHARD H. BRUCE 'X CUPOLA GOLF COURSE, INC. / By: Duly Authorized Officer CITY OF SOUTH BURLINGTON By: - - At Burlington this /y/ day of April, 1977 Richard H. Bruce, Lawrence A. Leveillee and Douglas C. Pierson personally appeared and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. i Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington this 14-u, day of April, 1977 Ruth Deslaurier personally appeared, and she acknowledged this instrument, by her -4- sealed and subscribed, to be her free act and deed and the free act and deed of Cupola Golf Course, Inc. 14 Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington this day of April, 1977 personally appeared, and he acknowledged this instrument, by her sealed and subscribed, to be her free act and deed and the free act and deed of City of South Burlington. Notary Public -5- , � o P � l a J v / %Y No Text 1 "RECEIVE0 STATE OF VERMONT INTERAGENCY ACT 250 REVIEW COMMITTEE AGENCY OF ENVIRONMENTAL CONSERVATION RE: 4CO243 - BLP Corporation 76 Unit Apartment Complex So. Burlington, Vermont MANAGER'S OFFICE CITY SO. SURLINGTON DISTRICT ENVIRONMENTAL COMMISSION No IV ) APPLICATION NUMBER 4CO248 March 13, 1977 NOTICE OF APPEARANCE Please enter the appearance of the Agency of Environmental Conservation, State of Vermont in the above captioned matter. PRE -HEARING COMMENTS Enclosed are the comments of the Environmental Advisor and the Vermont Department of Highways. The Interagency 250 R^view Committee supports the comments of the Environmental Advisor, but, cautions the District Environmental. Commission that it has no evidence at this time on which to base a recommendation for more insulation in ceilings than six (6) inches. The applicant and the Commission are advised, however, that the State Energy Office is recommending twelve (12) inches of insulation be utilized in the roofs of residential construction to conserve energy. I hereby certify that a copy of the foregoing NOTICE OF APPEARANCE and PRE -HEARING COMMENTS was sent by U.S. Mail (Postage Prepaid) to all statutory parties. Dated on this 13th day of March 1977 at Montpelier, Vermont. Respectfully submitted, STATE OF VERMONT ACT 250 REVIEW COMMITTEE AGENCY OF ENVIRONMENTAL CONSERVATION by Stephe4 B. Sease, Administrator Land Use and Development State of Vermont Department of Fish and Game Department of Forest and Parks Department of Water Resources Environmental Board Division of Environmental Engineering Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council Parch 10. 1977 Mr. Steve Sease Land Use Administrator Agency of Environmental Conservati,)n Montpelier Vermont 05602 Re: Application #4CO248 BLP Corp (Horizon Heights) 76-Unit Apt. Complex in So. Burlington + F '9771 AGENCY OF ENVIRONMENTAL CONSERVATION DEPARTMENT OF FORESTS AND PARKS Box 132 Fssex Jct. Vermont "5452 Site Description The project site is located adiacent to I-89 in South Burlington. To the south is the UTM farm specifically the cornfield, to the west is East Terrace, single-family subdivision 4CO180 to the north is the remainder of the Quarry Hill golf course, and to the east is the interstate highway. ` The only trees on the site are those around the garage in the northwest corner of the parcel, and an elm viburnum. hedge along the south property line. Soils are Farmington, Covington, Belgrade and Eldridge,and Enosburg-whately. The terrain is a moderate slope with a southeast aspect. Plans and Comments On March 4th I inspected the site with. Mr. Buttin and Kr. Meilleur of Green Mountain Surveys. The project will utilize municipal water and sewer facilities. Soil erosion does not appear at this time to be a major concern however it should be noted that the proposed road and buildings will be situated on fill. material and the fill slopes should be properly stabilized in the fall as outlined on page 31 of the application. The access to this project will be private. however the existing road to Quarry Hill Club will be reconstructed, approximately to city standards. It appears � l Page 2 J\ ) reasonable to assume that this road will be a public street upon development of the remainder of the Deslaurier property. The intersection of East Terrace and Quarry Hill Drive (so-called) would appear to be a logical occurrence, however this intersection has been successfully prevented t-) date. apparently due to vehement opposition from East Terrace residents. The subject of pedestrian access from this project to Rte. 2 in the vicinity of Gaynes Depart- ment St^re has been discussed at the local level. and is noted on the Final Plat. There is no indication that this protect will burden the municipality. This area is very close to, and highly visible from I-89 thus making aesthetics a prime consideration. The species and plant sizes proposed on the landscape plan are proper for the setting soils and climate, however the ,justification for the plantings along the interstate escapes me. I would recommend that the commission impose a long term guarantee period on the landscaping. The insulated glass and F inch .rails are good ecnstructi ,n tec::nioues for energy conservation, however the F inch ceiling insulation is outdated. Ri.�se 1 S. Reay Environmental Advisor r STATE OF VERMONT DEPARTMENT OF HIGHWAYS MONTPELI ER oaaoz March 11, 1977 Act 250 Administrator Agency of Environmental Conservation Division of Environmental Protection Montpelier, Vermont 05602 NOTICE OF APPLICATION TO ENVIRONMENTAL DISTRICT Re: App. #4CO248, BLP Corporation, South Burlington Dear Sir: Pursuant to the provisions of Act 250 of the 1970 Legislature, Environmental Board and District Commissions, the Department of Highways has reviewed the above -referenced Notice and offers the following: No adverse comment (� This agency may have a program affected by this project U and indicates interest as follows: Attach. cc: District Engineer Remick Sincerely, j—��Actil d E. W. Crisman ✓` �'/ Acting Commissioner s RECEIVED State of Vermont APR 2 51971 Department of Fish and Game Department of Forest, Parks, and Recreation Department of Water Resources Environmental Board Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council Mr. William Syzmanski City Manager City of So. Burlington So. Burlington, Vt. 05401 Dear Mr. Syzmanski: MANAGER'S OFFICE AGENCY OF ENVIR(XNMENTAL CONSERVATION Montpelier, Vermont 05602 Division 4 Environmental Engineering April 21, 1977 Horizon Heights So. Burlington This office has finished our review of the plan and specifications entitled, "Horizon Heights" for the City of So. Burlington, and hereby approves the same as a basis of construction pursuant to 10 V.S.A., Chapter 37, Section 910. If questions arise, feel free to contact this office. Sincerely, William C. Brierley, P.: . Environmental Engineering Executive WCB/lg cc: Alan Nye, Regional Engineer Richard Trudell, Trudell Consulting Engineers, Inc. Health Department U� z-/7/ 7 7 NOTICE OF APPLICATION AND HEARING 10 VSA, Chapter 151 (Act 250) Pursuant to 10 VSA, §6084(b) notice is hereby made that BLP Corporation, c/o /h?. Douglas Pierson, 253 South Union Street, Burlington, Vermont filed an application with District Commission # 11 , on March 3, 1977 for a land use permit for the construction of a 76 unit apartment complex off Spear Street, South Burlinpton, Vermont Pursuant to 10 VSA, §6085 a hearing open to the public will be held on March 30, 1977 at 1:30 at Chittenden County Regional Planning Commission, 59 Pearl Street, Essex Junction. District Environmental Commission # �4 1 379-6563 STATE OF VERMONT INTERAGENCY ACT 250 REVIEW COMMITTEE AGENCY OF ENVIRONMENTAL CONSERVATION RE: 4CO248 - BLP Corporation 76 Unit Apartment Complex So. Burlington, Vermont RFcF1VFD WR 7 1977 C ANAGER,S O��IC:E SO. v,URLING7ON DISTRICT ENVIRONMENTAL COMMISSION No IV ) APPLICATION NUMBER 4CO248 March 13, 1977 NOTICE OF APPEARANCE Please enter the appearance of the Agency of Environmental Conservation, State of Vermont in the above captioned matter. PRE -HEARING COMMENTS Enclosed are the comments of the Environmental Advisor and the Vermont Department of Highways. The Interagency 250 R-view Committee supports the comments of the Environmental Advisor, but, cautions the District Environmental. Commission that it has no evidence at this time on which to base a recommendation for more insulation in ceilings than six (6) inches. The applicant and the Commission are advised, however, that the State Energy Office is recommending twelve (12) inches of insulation be utilized in the roofs of residential construction to conserve energy. I hereby certify that a copy of the foregoing NOTICE OF APPEARANCE and PRE -HEARING COMMENTS was sent by U.S. Mail (Postage Prepaid) to all statutory parties. Dated on this 18th day of March 1977 at Montpelier, Vermont. Respectfully submitted, STATE OF VERMONT ACT 250 REVIEW COMMITTEE AGENCY OF ENVIRONMENTAL CONSERVATION by -- Stephj B. Sease, Administrator Land Use and Development l State of Vermont ��+"'�►.. "+ter Department of Fish and Game Department of Forest and Parks Department of Water Resources Environmental Board Division of Environmental Engineering Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council March 10, 1-977 Mr. Steve Sease Land Use Administrator Agency of Environmental Conservation Montpelier Vermont 05602 Re: Application #4CO248 BLP Corp (Horizon Heights) 76-Unit Apt. Complex in So. Burlington 4 1s7;7 AGENCY OF ENVIRONMENTAL CONSERVATION Mdiitpe1JL2,r4 vrmarW05 02x DEPARTMENT OF FORESTS AND PARKS rox 132 Fssex Jct. Veri, ont "05452 Site Description The project site is located adjacent to I-89 in South Burlington. To the south is the UV1,1 farm specifically the cornfield, to the west is East Terrace, single-family subdivision 4CO180 to the north is the remainder of the Quarry Hill golf course, and to the east is the interstate highway. The only trees on the site are those around the garage in the northwest corner of the parcel, and an elm viburnum, hedge along the south property line. Soils are Farmington, Covington. Belgrade and Eldridge,and Enosburg-Whately, The terrain is a moderate slope with a southeast aspect. Plans and Comments On March 4th I inspected the site writh Mr. Button and Mr. Meilleur of Green Mountain Surveys. The project idll utilize municipal water and sewer facilities. Soil erosion does not appear at this time to be a maJor concern however it should be noted that the proposed road and buildings will be situated on fill material and the fill slopes should be properly stabilized in the fall as outlined in page 31 of the application. The access to this project will be private. however the existing read to ^uarry Hill Club will be reconstructed, approximately to city standards. It appears 4�- r ` Page 2 l\ reasonable to assiune that this road will be a public street upon devel..opment of the remainder of the Deslaizrier property. The intersection of East Terrace and Quarry Hill Drive (so-called) would appear to be a logical occurrence, i however this intersection has been successfully prevented ti date. apparently due to vehement opposition from East Terrace residents. The subject of pedestrian access from this project to Rte. 2 in the vicinity of %ynes Depart- ment St^re has been discussed at the local level. and is noted on the Final Plat. There is no indication that this prn.-ect will burden the municipality. This area is very close to, and highly visible fr-)m I-89 thus making aesthetics a prime consideration. The species and plant sizes proposed on the landscape plan are proper for the setting soils and climate, however the ;ustification for the plantings along the interstate escapes me. I would recommend that the commission impose a long term guarantee period on the landscaping. The insulated glass and F inch :galls are good cr;nstructi -n technioues for energy conservation, however the F inch ceiling insulation is outdated. Ri.ose 1 S. Reay Environmental Advisor JS "Ni#•S r • A"D� l STATE OF VERMONT DEPARTMENT OF HIGHWAYS MONTPELI ER oaaoz March 11, 1977 Act 250 Administrator Agency of Environmental Conservation Division of Environmental Protection Montpelier, Vermont 05602 NOTICE OF APPLICATION TO ENVIRONMENTAL DISTRICT Re: App. #4CO248, BLP Corporation, South Burlington . Dear Sir: Pursuant to the provisions of Act 250 of the 1970 Legislature, Environmental Board and District Commissions, the Department of Highways has reviewed the above -referenced Notice and offers the following: I x l No adverse comment (� This agency may have a program affected by this project U and indicates interest as follows: t Attach. cc: District Engineer Remick Sincerely, Ronald E. W. Crisman �'� Acting Commissioner i City of South Burlington 1175 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 TEL.863-2891 November 9, 1977 B.L.P. Corporation Attorney Douglas Pierson 253 South Union Street Burlington, Vermont 05401 Re: Horizon Heights (design and construction of Quarry Hill Road) Dear Attorney Pierson: One of the conditions of approval relating to the Horizon Heights development was that the roadway serving the project be upgraded to city design and construction standards, except for curbs, from Spear Street to the primary entrance to the project. The plans and profiles prepared by Trudell Consulting Engineers, Inc., (project #67001-A) which were reviewed and approved by the City Engineer reveal that the roadway would be constructed as approved. As of Monday, November 7, 1977 the construction of the road was not in conformance with the approved plan. Having discussed this Matter with the City Engineer, he informs me that minor changes were necessary during the construction of the uHowever, notilities. changes were discussed regarding the road. I suggest that you con- tact the City Engineer in order to properly resolve this matter. Thank you for your co-operation. Very truly, Richard Ward Zoning Administrative officer RW/mcg cc Mr. Richard Bruce, Dundar Road, Burlington, Vermont 05401 Mrs. Ruth DesLauriers, 340 Spear Street, South Burlington, Vermont 05401 Mr. William Szymanski, South Burlington City Engineer x AGREEMENT THIS AGREEMENT, by and between CUPOLA GOLF COURSE, INC a Vermont corporation with place of business in South Burlington, County of Chittenden and State of Vermont, (afterward called Cupola), and BLP, INC., a Vermont corporation with place of business in Burlington, County of Chittenden and State of Vermoni (afterward called BLP), W I T N E S S E T If: Since Cupola has granted to BLP the right to use a certain Private roadway leading in a generally southerly directic from Spear Street in the City of South Burlington to land being developed by BLP as "Horizon Heights" and to land retained by Cupola and operated now as Quarry hill Club; since the parties desire to effect an agreement concerning maintenance and upkeep c the private roadway; and in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. BLP acknowledges that its right-of-way over the portion of Quarry Hill Road lying northerly of the main entrance to the Horizon heights apartment project is for emergency access and exit only, and agrees not to use that portion of Quarry Hill Road for passage of its construction equipment or vehicles durinc the course of construction of the Horizon I_eights project. 2. BLP acknowledges its responsibility to develop the if portion of Quarry Hill Road leading southerly from Spear Street to the main entrance of the Horizon Heights project to city standards, as prescribed by the South Burlington Planning Commission, and tc� assume responsibility for all costs connected with meeting those requirements. 3. BLP agrees that, so long as the Quarry Nili Club aid the balance of Cupola's land is used only for activities which dd not continue for the full year, BLP will be responsible for all costs of winter maintenance and repair of the Quarry Hill Road. 4. BLP and Cupola agree that the cost of maintenance and repair of Quarry Hill Road will be shared equally by BLP and Cupola for the period during the year when Quarry Hill Club is open for public use. S. The parties agree that if there is further sub- division or major development of the land retained by Cupola, cost of maintenance and repair of the portion of Quarry Bill Ro which leads from Spear Street to the most northwesterly corner o the land now owned by BLP shall be pro -rated on the basis of a comparison of the number of dwelling units served by the develop- ment with the number of apartment units in the horizon Eleights project. If the further development is for use other than residential, the costs of maintenance and repair shall be allocated on some basis which fairly represents the comparative burden placed on the roadway by the different users. Cupola ag and covenants to include a requirement for such sharing of expen in the conveyance or lease of any such development or subdivision 6. This Agreement, and each of its provisions, shall b binding on the successors and assigns of the parties. Dated at Burlington, Vermont, this day of April, 1977. In the presence of: CUPOLA GOLF COURSE, INC. By President and Duly Authorized Officer BLP, INC. By - 2 - Duly Authorized Officer es STATE OF VERl40NT County of Chittenden, SS. At Burlington this day of April, 1977, before Me personally appeared RUTH B. DESLAURIERS, President and duly authorized officer of CUPOLA GOLF COURSE, INC., and , duly authorized officer of BLP, INC., and acknwwledged the foregoing instrument by them sealed and subscribed to be their free act and deed, and the free act and deed of their respective corporations. Notary Public October 7, 1983 Mrs. Ruth DesI.aur iers 100 Old Farm Road South Burlington, Vermont 05401 Dear Dlxs. DesLauriers: In April 1977 an agreement was drafted, which involves B.L.P. Inc., and Cupola Golf. Course, Inc., within that agreement B.L.P. agreed to a pro -rated cost of improvements to upgrade c:Quarry Hill .Road if and when further development occurs. The terms were spelled out in this agreement amd does not involve the City of South Burlington. The copy which is on file with this office is unsigned and I have no knowledge of it's being executed. On file with us is a plan prepared by Trudell Consulting Engineers, this plan detailed the required improvements to Quarry Hill Road, during construction it appeared that a few minor changes were made and agreed upon by the City jEngineer. The major design standard waived by the City was the installation of curbs. The section of roadway involved was from Spear Street to the entrance of the Horizon Heights project, the balance of the road was to remain as is. When future development of the Cupola Golf Course occured the road would be designed and constructed to City standards. The present three unit apartments under construction is not affected by this agreement and or conditions applied to any future improvements to Quarry Hill rzoad. If you have any questions please don't hesitate to call me. Very truly, :Richard Ward, Zoning Administrative Officer A January 27, 1978 Burlington Savings Bank Attention: Mr. Perley G. Adams 148 College Street Burlington, Vermont 05401 Re: horizon heights South Burlington, Vt. Escrow Partial Release Dear Mr. Adams: Please release $15,000 of the amount held in escrow for paving. It is impossible to inspect the work at this time of the year. Any defiencies I expect will be minor, and the balance held would cover whatever remains to be done to complete the work. Very truly yours, William J. Szymanski City Manager WJS/h 7) Horizon Heights, Mofification of Subdivison Approval This request is for a modification to the approved plan, which showed that the improvement of Quarry Hill Road leading from Spear Street to the project's primary entrance, would be centered within the 60 foot right of way, with the sidewalk located on the northside. As built, the road is off center to the north, and the sidewalk is located on the southside- this modification was approved by the City engineer - see his explanatory memo - A related question has been posed by Cupola Golf Course, Inc., which originally sold the 11 acre lot to the developers of Horizon Heights, As you '.nay recall, Cupola obtained subdivision approval conditioned on their upgrading Quarry Hill Road to full city design standards before any further "substantial development or subdivision" could take place. Thus, to minimize their future roadway i_prove- ment costs, Cupola is rightfully insisting that the road i-nprovements be in strict accord with the Planning Commission approval. With the exception of the roadway offset, the road has been built as approved, according to the City Engineer. ADMINISTRATIVE CHECK IS low k PIROJLCT NA1.1E/FILE REFERENCE Aol':%t7-ci,+ S 1. BONDING OR ESCROW AGREEMENTS e LANDSCAPING COY— . SEI.1ER Z,4, eet2 " WATER STORM DRAINAGE • ROADS • CURBS • SIDEWALKS A-71-1 Q!2 (NOTE ALL RELEASES OR AGREEMENT REVISIONS) 2. LIST APPROVALS GRANTED, WITH DATES, AND PER"':ITS GRANTED, & SITE INSPECTIONS COMPLETED, ETC.: A� 3. RECREATION FEE OR LAND DEDICATION X �9_56jl �I 4. UTILITY_ EASEMENT * BILLS OF SALE REG E�DE D Wd ACCEPTED 5. CERTIFICATE OF TITLE X t4& 6. ROADWAYS DEED OR -C-ITY STREETS ACCEPTED -PRlN*TE-RBXD---& ifA-IVER AGREEMENT X 7. FINAL PLAT I ON) d{L. F �) P. *PEDESTRIAN EASERENTS ACCEPTED & RECORDED e FILLED 9. -MISCELLANEOUS AGREEMENTS LAND FOR ROAD WIDENING *OFFER Ci IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SHARED ACCESS POINTS X = SUBDIVISIONS ONLY * = TO BE RECORDED No Text V BEM©; Pf 0"0 wel /�-�-/7? �qa4aa Ala 064 SIN pi if emv �l/,�77 - s s ���� ✓ �3. c. P. #3000 Il l gi 210 9lll2 6/77 117 / �t 3D/07 _ _ �tiY1lQ.rp"i1 W S�/ � � � �� T � ��r�.,.�� lr% < <�2(i�✓�%�� �/ ilV77 — �ytagk (��� �� a�unr�4� c�� _,�,,, m.,�t/�m pjow?� 114 ��/'����� f(�22�77 DS 11/13/79 STIPULATIONS AND/OR FACT FINDING - MCDONALD'S SITE PLAN For the Site Plan application of McDonald's for parking lot expansion at 1225 Williston Road, as depicted on a plan entitled "Additonal Parking" dated 9/24/79 and prepared by McDonald's. Findings of Fact: 1. NON-COMPLIANCE WITH THE SOUTH BURLINGTON ZONING REGULATIONS - Provision of a lease from the Citgo station lot owner to McDonalds for use as add- itional parking space will, in effect, change the common boundary between the two properties. As a result, the degree of the currently anon -conforming Citgo station lot will be increased. The degree of non -conformity of the Citgo stations setback also be increased. 2. CIRCULATION AND PARKING - There is no provision for a turnaround if all the parking spaces are occupied. 3. OTHER -There is little or no provision for storing snow. Also, there is no provision for storm runoff except onto school property. r /1/w i 717 2-A- 7 9 �u2!Lck`,� �_ � � A� �'� 12,�,lJ!-�Ul�'�� a, -✓�� i ��� �,� C.%�,t- 717 9��i Furl 0 ✓' f (j� ,/ /�/ r/s�lE Gt.i'.„ I Aever •. 4 cw, 0- ,le. 9— 3r} r I GRAVEL, SHEA & WRIGHT ATTORNEYS AT L A W CLARKE A. GRAVEL CHARLES T. SHEA 109 SOUTH WINOOSKI AVENUE LAWRENCE A. WRIGHT B U R L I N O T O N, VERMONT 05402 THOMAS S. CONLON STEPHEN R.CRAMPTON STEWART H. MGCONAUGHY ROBERT B. HEMLEY JOHN C. GRAVEL WILLIAM G. POST, JR. BROOKE PEARSON November 11, 1977 TELEPHONE 888-0220 AREA CODE 802 William Szymanski City Manager South Burlington Vermont Dear Mr. Szymanski: This firm represents Cupola Golf Course, Inc. which owns the lands adjoining the Horizon Heights Development of BLP Corporation. It has come to our attention that the construction of the Quarry Hill entrance road was not following the design of Trudell Consulting Engineers, Inc. (project no. 67001-A) and the standards prescribed by the South Burlington Planning Commission. We are aware that Richard Ward, the zoning administrator for South Burlington, has informed the principals of BLP Corp. that the design standards must be met and that no de- viation has been allowed. Since the zoning administrator has advised BLP Corp. to consult with the city engineer relative to the construc- tion of this roadway, I respectfully request that we be allow- ed to participate in the discussions. In any event, we respect- fully advise you that appropriate legal action would neces- sarily be taken to oppose any alteration in the design. Very truly yours, GRAVEL, SHEA & WRIGHT Clarke A. Gravel CAG:db cc: iXichard Ward Douglas Pierson, Esq. Mrs. Ruth DesLauriers CLA RKE A, GRAVEL CFIARLES T. SHEA LAWRENCE A. WRIGHT THOMAS 5, CONLON STEPHEN R.CRAMPTON STEWART H. MCCONAUGHY ROBERT B. HEMLEY JOHN C. GRAVEL WILLIAM G. POST, JR. BROOKE PEARSON GRAVEL, SHEA £A WRIGHT ATTORNEYS AT L A W TELEPHONE 109 SOUTH WINOOSKI AVENUE 658-0220 B U R L I N G T O N, VERMONT 0 5 4 0 2 AREA CODE 802 November 11, 1977 William Szymanski City Manager South Burlington Vermont Dear Mr. Szymanski: RECEIVEO NOW 14 Ili' MIA1"4GCWS 0"" This firm represents Cupola Golf Course, Inc. which owns the lands adjoining the Horizon Heights Development of BLP Corporation. It has come to our attention that the construction of the Quarry Hill entrance road was not following the design of Trudell Consulting Engineers, Inc. (project no. 67001-A) and the standards prescribed by the South Burlington Planning Commission. We are aware that Richard Ward, the zoning administrator for South Burlington, has informed the principals of BLP Corp. that the design standards must be met and that no de- viation has been allowed. Since the zoning administrator has advised BLP Corp. to consult with the city engineer relative to the construc- tion of this roadway, I respectfully request that we be allow- ed to participate in the discussions. In any event, we respect- fully advise you that appropriate legal action would neces- sarily be taken to oppose any alteration in the design. Very truly yours, GRAVEL, SHEA & WRIGHT Clarke A. Gravel CAG:db CC: Richard Ward Douglas Pierson, Esq. Mrs. Ruth DesLauriers GRAVEL, SHEA 8 WRIGHT ATTORNEYS AT LAW CLARKE A. GRAVEL TELEPHONE CHARLES T. SHEA 109 SOUTH WINOOSKI AVENUE 656-0220 LAWRENCE A. WRIGHT B U R L I N G T O N, VERMONT 0 5 4 0 2 AREA CODE 802 THOMAS S. CONLON S TEPHEN R. CRAMPTON STEWART H. McCONAUGHY ROBERT B.HEMLEY November 15, 1977 JOHN C. GRAVEL WILLIAM G POST, JR. BROOKE PEARSON Mr. Richard Ward Zoning Administrative Officer City of South Burlington 1175 Williston Road South Burlington, VT 05401 Dear Mr. Ward: We understand that as Zoning Administrative Officer you are in agreement with the South Burlington City Engineer, Mr. Szymanski, that minor changes can be made by the engineer with regard to the roadway from Spear Street to the primary entrance to the project known as Horizon Heights. We believe that you correctly stated the situation when your November 9, 1977 letter pointed out to Attorney Douglas Pierson of B.L.P. Corporation that a condition of approval from the Planning Commission was that the roadway be upgraded to city design and construction standards except for curbs. It would seem obvious that the installation of sewers, provision for storm drainage, etc., are not minor changes and that, ab- sent specific Planning Commission approval, construction should not be allowed. Should the planning commission and the city engineer allow the project to go forward without upgrading to city design and construction standards, my client, Cupola Golf Course, Inc., would expect to receive the same treatment in the future development of its lands, and, in addition, if the city should demand that the roadway from Spear Street to the primary entrance to the project be upgraded in the future, my client would certainly expect that the costs for such up- grading would be borne by B.L.P. Corporation. Very truly yours, GRAVEL,, SHEA & WRIGHT Clarke A. Gravel CAG:db cc: Douglas Pierson, Esq. William Szymanski, City Engineer Ruth DesLauriers October 4, 1977 Ur, Douglas Pierson Pierson, Affolter & '14adhams 253 South Union Street Burlington, Vermont 05401 Re: Horizon Heights Dear Mr. Pierson: Enclosed are the minutes you requested. Please direct to al inquiries to our City Attorney, Richard Spokes, and planning question3 to me. Sincerely, Stephen Page Planning Assistant SP/mcg cc Richard Spokes 2 Encl HORIZON HEIGHTS - RELOCATION OF QUARRY HILL ROAD On November 9, 1977 this office became aware of the fact that the entrance road was not being constructed according to the approved plan. After meeting with the principal parties involved, it became apparent to stop further construction would mean no blacRtop surface this year. W Memorandum to Planning Commission November 22, 1977 Page II The two main concerns is that the sidewalk was placed on the south side of the road instead of the north as per the approved plan and the travel portion is approximately 5 to 10 feet from being located within the center of the right-of-way. (See Mr. Szymanski memo) I feel that an agreement between owners of Horizon Heights and Mrs. DesLauriers should be considered. This agreement should in- clude any cost involved to upgrade the entrance road should the remaining Quarry Hill property be developed. 2�D 4INI STRAT IV E CHECKLIST PROJECT NP-11 E/FILE REFERENCE C- - / Ca l �. IC- • 7 (-E 1. LETTER OF NOTIFICATION & APPROVAL MOTION OR FINDINGS & ORDER 2. BOI DING OR ESCROW AGREEMENTS LANDSCAPING SE.,' - -,TER ; L= AI?J AGE RO -� S Cli�BS S LDa:: .LKS (NOTE AFL RELEASES OR AGREEMENT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED & SITE INSPECTIONS COP•iPLETED, ETC.: 4. UTILITY Ei%SE;4'-7NTS RECORDED ACC-- T= *, BILLS OF SALE 5. CERTIFICATE OF TITLE x 6. ROAD-,AYS DEEDS FOR CITY STREETS ACCEPTED O PRIVATE ROAD & WAIVER AGREE14ENT x 7. FINAL PLAT OR RECORD COPY - STAMPED * SIGNED, & FILED OR RECORDED E. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 9. MISCELII.-%NEOUS AGRE.24ENTS LA?FD FOR ROAD WIDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SHARED ACCESS POINTS OTHER l0. COPY OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES) J. FEES - PAID/DATE }iE =,ING BUIIDI.;G PE?'iIT I1 SP. 7,17 RECRE.;^IG_'1 (R CO 'D C:.LCJL:.TIONS 11ND D POSIT i_v ;-CCOU'r T) i.e., "Oil-, LI". E" SC'r'.00L "ILDS CAR COUNTS MEMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION FROPr,: WILLIAM J. SZYMANSKI, CI!Y AN.yGER RE: HORIZON HEIGHTS, SPEAR STREET DATE,: NLkRCH 181 1977 1. The parking areas and access drives should be curbed to protect unpaved areas. 2. A drainage system within parking areas should be constructed to control runoff toward buildings and yard ponding. 3. All internal walkways shall have a separation of at least 4 feet from parking and drive areas. 4. The access road requires reconstruction including the approach to Spear Street and provisions for surface drainage. 5. A swale should be built over the 24 inch drain pipe to serve as an emergency over flow in the event of a plugged culvert. 6. Submit engineering data as follows: a) Anticipated runoff. b) required fire flow. c) Available fire flow. d) Anticipated sewage contribution. MEMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: RICHARD WARD, ZONING AD14INISTRATOR RE: HORIZON HEIGHTS, FINAL PLAN DATE: MARCH 181 1977 Final review of this project has been completed by this office. Prior to issuing zoning permits the developer is required to file a final plat with the City Clerk. Final plat requirements are set -forth under Section 204 of the City Subdivision Regulations. The landscaping plan is in conformance, however, Garden - side Nurseries informs me that approximate value of existing vegetation is $7,400 - landscaping plan does not show any existing trees. Revised plan should be submitted. Concerned with regard to protecting existing trees during construction - who will be responsible for this. Landscaping bond required $17,500. �n Developer required to pay engineerin, fees (-L of 1 per 2 cent of total development prior to issuing permits). All agreements pertaining to this project require approval i t' of the City Attorney. JOHN T. EWING RICHARD A. SPOKES JOSEPH F. OBUCHOWSKI LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 April 18, 1977 Richard Ward Administrative Officer City Hall 1175 Williston Road South Burlington, Vermont 05401 Re: Horizon Heights Dear Dick: The documents for Horizon Heights are now legal standpoint. I have primarily been on this matter, but I understand he is on suggest that the following be done: AREA CODE 802 863-2857 in order from a dealing with Steve vacation. I would 1. After Bill signs the property transfer return, and dates the same, the Warranty Deed should be recorded. 2. The Agreement between the Developers, the City and the Burlington Savings Bank should be signed by Bill in triplicate. One executed copy should be turned over to the Developers, one should be sent to the Burlington Savings Bank, and the third should be retained by the City. I would suggest that you send the Bank's copy to Perley G. Adams, Assistant Vice President. In your covering letter to Mr. Adams, you should request that he send to you a written acknowledgement that the funds have in fact been set aside and are being held in escrow pursuant to the agreement. 3. The Agreement between the Developers, Cupola and the City should be signed by Bill in duplicate. Two witnesses must also sign to the left of his signature, and he must acknowledge his signature before a notary public. Notice that the acknowledgement to be filled in and signed by a notary public is on the last page of the Agreement. When this is accomplished, you should record one Agreement in the Land Records, and send the second executed Agreement to the Developers. Very truly yours, RicliardwA. Spokes RAS/tb Enclosures BZTRLINGTON SAVINGS BANK INCORPORATED 1 847 BURLINGTON, VERMONT April 1, 1977 Zoning Administrator City of South Burlington South Burlington, Vermont 05401 Re: B.L.P. Corporation Dear Sir: Mr. Leveille, a principal of the B.L.P. Corporation, has delivered to me his check in the amount of $3,000.00. This check is being held in escrow by this Bank for the City of South Burlington. It is our understanding that these funds are escrowed for their assess- ment fee for the City park contribution. This is in relation to the Horizon Heights apartment units to be constructed at Quarry Hill, South Burlington. Very truly yours, r � d Perkey' Adahs" Assistant Vice President r AGREEMENT cv- This Agreement, in triplicate, between Richard H. Bruce, Lawrence A. Leveillee and Douglas C. Pierson ("Developers"), City of South Burlington ("the City") and Burlington Savings Bank ("the Bank"), WITNESSETH: Whereas, Developers are developing a major subdivision known as "Horizon Heights" consisting of 76 two bedroom apartment units as shown on the plan entitled "Site Plan for Horizon Heights" dated September 30, 1976 and revised October 19, 1976 (as drawn by Vaughn C. Button); and Whereas South Burlington Planning Commission granted Horizon Heights preliminary major subdivision approval on November 16, 1976 and final such approval on March 22, 1977; and expense, to effect certain improvements to that private entrance road known as "Quarry Hill Road" and to install certain water and sewer systems connecting Horizon Heights to the City's water and sewer mains in Quarry Hill Road and to perform certain surface water drainage work; and Whereas, the Bank executes this Agreement solely in the capacity of escrow agent. Now, therefore, the parties hereby covenant and agree as follows: 1. Developers will, at their expense, complete the following improvements in connection with the development of Horizon Heights: a. Upgrade that portion of Quarry Hill Road between Spear Street and the primary entrance to the project to the City's design and construction standards, except for curbs. b. Install water and sewer and perform surface water drainage work secondary to all applicable standards of design and construction of the City and according to the Planning Commission's (November 16, 1976) preliminary approval. 2. Developers will convey to the City by properly executed Warranty Deed, free of all encumbrances, easements designed for acceptance of the water and sewage mains serving Horizon Heights as public easements. 3. Developers will repair or replace any faulty or defective work and improper material which may appear within one year of completion '7 of the foregoing improvements. 4. The conveyance of the easement provided by Paragraph 2 shall be accomplished immediately. The completion of all improvements provided by Paragraph 1 shall be accomplished within 12 months of this date. 5. For the guarantee of Developers' performance of all require- ments put forth or referred to herein, Developers and.the Bank agree that the sum of $100,000.00 shall be set aside and held in escrow by the Bank and shall be available for payment to the City, but only in accordance with the terms hereafter set forth. 6. If the City shall file with the Bank a statement that Developers are, in the judgment of the City, in 60-day default under the terms of this Agreement, the Bank shall from time to time pay monies from said escrow funds to the City, in amounts not to exceed a total enabling the City to complete the improvements and requirements set forth in this Agreement; provided, however, that the $100,000.00 is allocated against the cost to complete the four classes of work to be performed by Developers pursuant to this Agreement as follows: - 2 - Paving -base, curbs, Sewers Water Drainage TOTAL final paving $ 47,400.00 24,000.00 20,400.00 8,200.00 100,000.00 7. The City will promptly submit to Developers a copy of any such statement as it files with the Bank. The consent of Developers to such payments by the Bank to the City shall not be required. The Bank shall incur no liability to Developers on account of making such payment to the City, nor shall the Bank be required to inquire into the propriety of any claim by the City of default on the part of Developers or into the use of such funds by the City in completing such improvements. 8. The City shall not file with the Bank a statement of default as provided by Paragraph 6 until 60 days after notice by it to Developers of its intention to do so. 9. All monies released by the Bank to the City pursuant to Paragraph 6 shall be used by the City solely for the purpose of performing obligations imposed upon Developers by that portion of this Agreement upon which Developers are then in default. Any work contracted for by the City pursuant hereto shall be let on a contractual bid basis, or on a time and material basis, or shall be performed by the City with its own forces and equipment or shall be accomplished in such other manner as in the judgment of the City shall accomplish the work more expeditiously and economically. 10. If monies are released by the Bank to the City pursuant to Paragraph 6 and if it should later develop that a portion of the released monies are surplus to the City's needs, any such surplus - 3 - shall be refunded by the City to the Bank to be held and distributed by the Bank pursuant to the terms hereof. 11. The Bank will not refuse or delay to make such payments to the City when requested by the City by the appropriate statement, and Developers will not interfere with or hinder such payments by the Bank to the City. Said statement shall contain a certificate of compliance with the notice requirements of Paragraph 8. 12. This Agreement shall terminate and shall be of.no force or effect upon performance of all requirements contemplated hereby. 13. Upon request of Developers, but only at the sole discretion of the City, the City may release a portion of said escrow if the City believes that the retention of such funds is not necessary to protect its interests after a portion of said work has been completed. 14. Notwithstanding said discretionary release provisions, 90% of the amount provided for the four classes of work by Paragraph 6 shall be released from escrow upon certification by the City to the Bank that Developers have completed and performed all obligations and improvements required for each class of work. 15. The balance of 10% of the amount provided for each class of work shall be maintained in escrow until certification by the City to the Bank that Developers have satisfied the provisions of Para- graph 3 hereof. - 4 - I. 1 16. This Agreement shall not only be binding upon the parties signatory, but .also upon their respective heirs, executors, adminis- trators, successors and assigns. DATED this "O-'-day of April, 1977. RICHARD H-- BRUCE DOUGLAS C:.PIERSON CITY OF SOUTH BURLINGTON By BURLINGTON SAVINGS BANK By Assistant Vide -President - 5 - September 22, 1977 ..ttorney Douglas:. C. Pierson 253 South Union Street Yurlington, Vermont 05401 Re: Horizon Heig'Lts .partn:cnts - Recreation Nee and Pedestrian ,aserient l,e-ar t'r. Pi.ersor.. 4v.'e would like to resolve the follov,,ing matters, so that the required certificate of occupancy, which signifies that all conditions of approval have been ccrnplied z,�ith, :ray be issued to FLr' Corpo--ati on: 1) Recreation Fee - 'ee enclosed approval motion, c-n- dition ;Y-2; the ?13,000 in escrow is rT91 short of the required fee - we would like full reimbursement of this fee so that are may transfer the money to the recreation account. 2) : edeatrian ;E�;.sement - ',e would like to formalize the agreement, b�,tsed on your memo of 1/27/77 (enclosed), in the form of an offer of i^revoca?ale o`'rer of dedication (su:_-cr;ested format enclosed). ..s in the case o:' other recently approved projects, you would prepare a warranty deed and transfer re- turn, which oil]_ be held for safekeeping - the offer irrevocable dedication -trill be recorded by us after it tias been executed. e will. conduct a site inspect- in in the ne, future and, barring any disc- pancies, issue the certific: to of occupancy. 1 have discussed these ite:is with :Nick 1�ruce, who sugges,::ed I contact you to get things moving. Don't hesitate to call if you have any questions. incerel3 , Stephen Page Planning _ssistant S P /mc g 4 _ncl Mr. Stephen Page City of South Burlington TO 1175 Williston Road South Burlington, VT 05401 SUBJECT: Horizon Heights - Recreation Fee FOLD t Thank you for your September 22 letter. M PIERSON, AFFOLTER & WADHAMS Lawyers 253 SOUTH UNION STREET BURLINGTON, VERMONT 05401 Phone: 802 - 863-2888 DATE 9/26/77 The Horizon Heights developers are ready and able to pay all valid fees and charges. Was the recreation fee valid and subsisting at the time of Planning Commission approval? When was a recreation fee duly established by the City as a charge on all developments? If the charging of a recreation fee was enacted by the City Council after the Planning Commission had granted final approval to Horizon Heights, your advices as to how and why such a fee could be applied retroactively would be appreciated. Horizon Heights is not refusing to pay this or any other valid fees. We do, however, want to determine the validity of the recreation fee when applied to this particular development. DCPsc SIGNED PRINTED BY GRAVARC CO.. INC., BROOKLYN. N.Y. 11232 September 2F, 1977 Mr. Douglas Pierson 253 South Union Street Burlington, Vermont 05401 Dear i-:r. Pierson: lhanr- you for your memo of 9/26/77. i,-iorizon heights received final subdivi ion approval on March 22, 1977; a copy of the min- utes is enclosed. Please note condition #2. At the time of the approval, we were dealing primarily with Richard Bruce. Because he was anxious to complete the review process and start construction, and in light of the fact that the Commission imposed no requirements on this project for active rec- reation facilities, it was mutually agreed upon that a su^of money would be put in escrow, to be paid to the City at a later time. The formula to determine the exact amount of the recreation fee had not yet been set by the City Council, so the sum of "'3,000 was escrowed, wi�-,h the exact payment to to made and deterri:ined later on. I indi- cated to Mr. race that the fee was to be based on the assessed value of the land, rather than its appraised value. AlthouFPh the fee was ultimately b-.sed on appraised value, (meaning a fee of $7,7� 2.) I would still hold to my word to Mir. Bruce abou., the fee being based on assessed value ($3,F91). The policy pertaining to the decication of recreation land or payment of an equivalent fee was adopted by the Commission on March 22, 1977 (minutes enclosed). I would hasten to add that their -was no dispute about this approval stipulation pertaining to a recrea- tion fee. If there had been any doubt in Mr. Lruce's mind about the acceptability or legitimacy of this fee, we would have been happy to continue the public hearing until every detail of the new policy had been worked out. Mr. Douglas Pierson September 2F, 1977 Page 2 This recreation land equivalent fee policy was implemented under the authority of section 411 of the municipal subdivision regulations and section 4417 ##5 of the Vermont Planning and Development ,`act (copies enclosed). In sum, we are not attempting to enforce retroactive recuirements; rather, we are trying to ccnsummate agreements reached with Mr. Bruce prior to your direct involvement in the project. Unless this matter is resolved, we will consider it to be a violation of subdivision approval and will not issue the required certificate of occupancy. Don't hesitate to call if you 'nave any further questions. Yours truly, Stephen `-'age Planning Assistant SP/mcg 3 Encl cc: Richard Spokes Richard Bruce 4vu zo44-6. BLJRLINGTON SAVINGS BANK INCORPORATED 1847 BURLINGTON. VERMONT September 30, 1977 Mr. Stephen Page City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Re: BLP Corporation - Horizon Heights Apartments Dear Mr. Page: In accordance with our conversation earlier this week, enclosed is draft in the amount of $3,000.00 representing the funds we have been holding in escrow for BLP Corporation as their assessment fee for the City park contribution. Encl. cc: BLP Corporation Ve rul/y yours, Mrs. Jo Ann W. Mur y Executive Assistant Commercial Loans 3zG�szos, PIERSON, AFFOLTER & WADHAMS LAW OFFICES 253 SOUTH UNION STREET BURLINOTON, VERMONT 05401 DOUGLAS C. PIERSON RICHARD W. AFFOLTER WILLIAM H. OUINN RICHARD H. WADHAMS, JR. GLEN L.YATES,JR. MICHAEL W. WOOL October 3, 1977 Mr. Stephen Page Planning Assistant 1175 Williston Road South Burlington, VT 05401 Dear. Mr. Page: Re: Horizon Heights Thanks for your September 28 letter. TELEPHONE 863-2888 AREA CODE 802 The statute requires that a recreation fee policy be estimated "by the legislative body" (your City Council). This is reflected by the Planning Commission's March 22 vote to refer the proposed fee system to the City Council for adoption. Please send a dated copy of the City Council's vote on the proposal. Again, Horizon Heights remains ready, willing and able to pay all valid fees. Please do not misconstrue our intentions in this regard. We are, however, entitled to satisfy ourselves as to the validity of the Planning Commission's second stipulation, as I am sure you are aware. Please do not threaten sanction simply because we pursue our legal right of inquiry. Sincerely yours, tic 14,XL Douglas C. Pierson aC. sc V Memorandum - Next Meeting's Agenda Items November 18, 1977 Page II 5) Meineke Discount Muffler This facility has received conditional use approval from the Zoning Board of Adjustment. The only two trees presently on the lot will be retained. Only a minor portion of the 2.1 acre lot will be used by this business. Traffic circulation, landscaping, access, and screening are all adequate. Storm drainage should be reviewed by the City Engineer. 6) Gymnastics School Building, San Remo Drive The proposed building received a variance to dimensional requirements from the Zoning Board of Adjustment, largely due to the lot being a pre-existing small lot (2 acres is minimum required lot size, lot in question is � acre). The lot is devoid of vegeta- tion; it fronts on San Remo Drive, which carries no through traffic, and backs up to an existing residential neighborhood. There is presently a 6' stockade fence on the rear line of the property; additional plantings are proposed to augment the rear yard buffer area. Because of the building and parking layout, and the character of the neighborhood, I concur with the developer that a waiver on the required landscaping, from $1500 to $1,000, is appropriate. 7) Horizon Heights, Mofification of Subdivison Approval This request is for a modification to the approved plan, which showed that the improvement of Quarry Hill Road leading from Spear Street to the project's primary entrance, would be centered within the 60 foot right of way, with the sidewalk located on the nouthside. As built, the road is off center to the north, and the sidewalk is located on the southside- this modification was approved by the City Engineer - see his explanatory memo - A related question has been posed by Cupola Golf Course, Inc., which originally sold the 11 acre lot to the developers of Horizon Heights. As you may recall, Cupola obtained subdivision approval conditioned on their upgrading Quarry Hill Road to full city design standards before any further "substantial development or subdivision" could take place. Thus, to minimize their future roadway L.iprove- rnent costs, Cupola is rightfully insistipg that the road improvements be in strict accord with the Planning Commission approval. With the exception of the roadway offset, the road has been built as approved, according to the City Engineer. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Horizon Heights Entrance Road Date: November 18, 1977 It was my understanding that the private access road to Horizon Heights development was to be rebuilt by increasing the base thickness and improving the approach to Spear Street. The completed street was to have a 24 foot paved surface with 4 feet of shoulders on each side with a bituminous sidewalk along the north side. An additional ten feet of rights -of -way was obtained by the sub -divider to allow for a total right-of-way width of 60 feet. This extra 10 feet was acquired along the south side of the existing 50 foot right-of-way. The illustration in the construction plan shows the road centered within the 60 foot right-of-way. If the road were relocated to be centered within the rights -of -way it would require moving the road southerly 10 or 15 feet and require the relocation of a power line and fire hydrant. It would also create a steeper drive to the apartments or require an "S" curve to align with the existing road. Considerable filling would also be needed. The road northerly to the undeveloped land and the recreation area is not centered within the rights -of -way and it will be almost impossible to do so. I have no objections to the road remaining where it is even though it is -not centered within the rights -of -way. If the street is to become a city street it will have to be widened to 30 feet with concrete curbs, storm drains and the bituminous sidewalk replaced with concrete. There is room to accomplish this even though it is not centered within the rights - of -way. Paving the street for a width of 30 feet at this time will result in the removal of a portion of this width when the curbs and drainage are installed. Respectfully submitted, r William J. Sz anski City Manager C RICHARD A. SPOKES ,JOSEPH F. OBUCHOWSKI SPOKES & OBUCHOWSKI ATTORNEYS AT LAW P. O. Box 2325 SOUTH BURLINGTON, VERMONT 05402 April 27, 1978 Douglas Pierson, Esquire Pierson, Affolter & Wadhams 253 South Union Street Burlington, Vermont 05401 Re: Horizon Heights Dear Doug. 1775 WILLISI'ON ROAD TELEPHONE (802) 863-2857 Before I get bombarded with your sixty-day reminder, I thought I should respond to your note of February 24, 1978. I have conferred with City officials to determine the status of your project. There seem to be several loose ends, including the deeding of the water and sewer easements. I understand a recreation fee in the amount of $891 is still due. The first 300 feet of the Quarry Hill Road was not upgraded in accordance with the Planning Commission approval, and thus we propose to have the Burlington Savings Bank retain $3,000 under the Escrow Agreement until the improvements are completed. I understand there is a second Escrow Agreement or bond con- cerning landscaping. Six Thousand Dollars of the amount held should be retained by the City for a period of one year from the date of planting to guarantee survival of the flowers or whatever you planted or proposed to plant. I do not believe any Certificate of Occupancy has been issued by the Zoning Administrator. Finally, there is a pedestrian - bike path easement which needs to be taken care of. I would suggest the easiest way to clean this matter up is for you and I to meet with Steve Page and Dick Ward at City Hall on some convenient date. Perhaps you can let me know if this is a reasonable course of action. Very truly yours, Richard A. Spokes RAS/ccb cc:+, Stephen Page, City Planner hILItS0N, AFFOLTHIR & WADHANIS LAW OFFICES 253 SOUTH UNION STREET J3('H1IN(3'1'ON, Vt RMONT O(i,101 DOUGLAS C. PIERSON RICHARD W. AFFOLTER WILLIAM H. OUINN RICHARD H. WADHAMS- JR. GLEN L. YATES, JR. MICHAEL W. WOOL May 8, 1978 Richard A. Spokes, Box 2325 South Burlington, Dear Dick: Esq. VT 05402 Re: Horizon Heights Apartments TELEPHONE 863-2888 AREA CODE 802 Steve -- Please review and let me know your thoughts. I respond to your April 27 letter as follows: Dick 1. We are ready and willing to deed the water and sewer easements and only await your advices. Indeed that's why I have been writing to you. 2. The recreation fee poses a problem. The City collected $3,000 directly from the Bank at the very time I was asking the City to explain its legal basis for attempting to exact a fee from us. This fee was based upon an ordinance which the City enacted many weeks after our project had received final approval. No satisfactory answer was received from the City, we suspect because none was possible. In our view the City has been overpaid $3,000 and we do not owe an additional $891. 3. Our work on the first 300 feet of Quarry Hill Road had the manager's approval and we submit that it was properly done. Any contrary indication resulted from a flap raised by Ruth Deslauriers which I believe has run its course. 4. The landscaping obligation is commercially bonded by the Travelers for $17,500. There is no need for escrow monies to be retained for this purpose, unless, of course, the City permits us to cancel the bond. I so advised Bill Szymanski on March 15 but he has not replied. 5. We will do what's called for with regard to a Certificate of Occupancy and the path easement. These should pose no problem. We will be hadopy to meet at any convenient time. We agree with you that this ld be the quickest way to work out final details. In the meant' I would appreciate your input with regard to the points mentione erein. Since yours, Douglas C. P' rson sc February 1, 1978 Burlington Savings Bank Attention: Mr. Perley G. Adams 148 College Street Burlington, Vermont 05401 Re: horizon Heights South Burlington, Vt. Escrow Partial Release Dear Mr. Adams: Please release all but $9,600 in the escrow for the above referenced project. The $9,600 withheld is for landscape maintenance, a recreation fee due the City and for remaining construction work. Very truly yours, CITY OF SOUTH BURLINGTON William J. Szymanski City Manager WJS/y Richard A. Spokes, Esq. Box 2325 -IO South Burlington, 71� 05401 SUBJECT: I;orizon Heights FOLD t PIERSON, AFFOLTER & WADHAMS LawyersI 253 SOUTH UNION STREETaZ.{ BURLINGTON, VERMONT 05401��-�41'E` Phone: 802 - 863-2888 DATE 2/24/78 We never did complete the deeding of the sewer and water mains to the City. I enclose proposed warranty deed for your review and advices. Hopefully we might clean up this loose end and get the deeds finalized in the near future. Best regards. DCPsc i SIGNED — PRINTED BY GRAVARC CO.. INC.. BROOKLYN. N.Y. 11232 Steve-- What is this all about? Dick PC" 1911 - VURWWf WARRAWY U1l61) I ___..1 ( mrniwo. M[wrw. wfa. thMt we, Richard H. Bruce, Lawrence A. Leveillee and Douglas C. Pierson, all of Of Burlington in the County of Chittenden and State of Vermont Grantor s , in the consideration of Ten dollars and other good and valuable consideration --- xDO&M Paid to our full satisfaction by City of South Burlington of South Burlington in the County of Chittenden and State of Vermont Grantee by these presents, do freely Mar. (grant. Bell, Comm Aub 42otdirm unto the said Grantee City of South Burlington its successors and Hairs and assigns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Two separate rights of way and easements for the purpose of repairing, maintaining, renewing and replacing those sewer and water mains which serve the Horizon Heights apartment complex and which Grantors have previously installed, at their expense, in those two parcels of land which were conveyed to Grantors by Warranty Deed of Cupola Golf Course, Inc. dated December 3, 1976 and recorded in Warranty Deed Vol. 127, Page 306-9 of the South Burlington Land Records. The sewer main easement is 15 feet wide and it is located as depicted upon the "Final Plat for Horizon Heights" which bears a final revision date of January 21, 1977 to be recorded in Vol. Page _ of said Land Records. The water main easement is ten feet wide and it is located as depicted upon as -built drawings dated , 197___ to be recorded in Vol. , Page of said Land Records. This conveyance includes title to the sewer and water mains which Grantors installed within the limits of said easements and it includes the right to enter upon and cross Grantors' land for the purpose of exercising the rights and obligations herein conveyed. By its acceptance of this deed Grantee covenants that, in the conduct of the activities permitted hereunder, it shall make all reasonable efforts to keep damage to said land at a minimum; that it shall promptly repair and restore the land by grading, reseeding and other appropriate means should the same become necessary as a consequence of its conduct of said activities; and that, it shall cause no damage to the buildings to be erected upon said land. Reference is hereby made to the foregoing deed and its record and the foregoing plans in aid of this description. TIV iiaur and to BOO said granted premises, with all the privileges and ap- purtenances thereo,' -) the said Grantee City of South Burlington its successors hgim and assigns, to their own use and behoof forever; .4nd we the said Grantors Richard H. Bruce, Lawrence A. Leveillee and Douglas C. Pierson for ourselves and our heirs, executors and administrators, do covenant with the said Grantee City of South Burlington, its successors a and assigns, that until the ensealing of these presents we are the sole owner s of the premises, and have -dood right and title to conveu the same in manner aforesaid, that they are Yrre Prom £aerg £nrumbram.- and we hereby engage to Tarrant And Drfrnd whatever, In Mitnras Whereof. Grantors this day of �'11 �Ct'�e'llil' Ot the same against all lawful claims hereunto set their hands and seals .4. D. 19 RICHARD H. BRUCE LAWRENCE A. LEVEILLEE DOUGLAS C. PIERSON $tatr (of Vrrmnnt. .4t Burlington this es. (Sauntp CHITTENDEN day of A. D. 19 Richard H. Bruce, Lawrence A. Leveillee and Douglas C. Pierson personally appeared, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. Before Notary Public �y„gVr;,i,Q a r d ar 2325 V) South Burlington, VT( )5401 Ld1wl ere l S3 SOUTH UNION STREET h Pli(inEii: 802 - 863-2888 �bB'JECT: Horizon Heights DATE ?_ f2g/78 FOLD � t We nL:ve.: did co-mplete the-, deeding of the sewer and water mains to the City.,. I enclose proposed warranty need for your review and ad.vires. Hopefully we might clean up this loose end and get the deeds finalized in the near future. Beat regards. y r #,.6{ DCPSc � W1; r A SIGNED PRINTED BY GRAVARC CO.. INC.. BROOKLYN, N.Y. 11232 1 N--J, / r M E M O R A N D U M TO: SOUTH BURLINGTON PLANNING CO&WIISSION FROM: RICHARD ',HARD, ZONING ADMINISTRATOR OFFICER RE: HORIZON HEIGHTS - (QUARRY HILL DATE: OCTOBER 8, 1976 Having reviewed this proposed apartment complex I find that the proposed carports are located within 20 ft. of the road right-of-way. The minimum front yard set back in R7 District is 30 feet. \' This dimensional requirements may be waived by the Planning Commission under Section 6.30. The proposed carport #1 nearest Spear Street appears to be located over a drainage area, drainageways are designated minor streams and are with C.O. District. Public utilities such as electricity, telephone are not detailed on the plan. All utilities should be underground. Landscaping plan:it is my recommendation that each unit be considered separately. Under site plan review each building will require landscaping at a cost of 3% of the development. Section 11.35 of the zoning regulation, requires Planning Commission approval, this parcel has no frontage on a public street, entrance is from Spear Street, quarry Hill Road is a private drive. Addition playgrounds or recreation facilities should be considered, a swimming pool and 40' x 60t playground is proposed. Tennis courts, pedestrian trails and bicycle paths should be given serious consideration. State Statutes provides for open space and playgrounds up to 15% of the total development. M E M O R A N D U M TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: STEPHEN S. PAGE, PLANNING ASSISTANT RE: REVIEW PROCEDURE FOR QUARRY HILL SUBDIVISION DATE: OCTOBER 8, 1976 This project is subject to the following reviews: 1. Residential Planned Unit Development (sect. 6.30, p. 8 of zoning). 2. Site Plan Review (sect. 11.70, p. 18 of zoning). 3. Subdivision Because of the substantial overlap in these reviews, Dick Ward and I feel they can all occur simultaneously. We recommend the following procedure: I. Review staff memos on basic issues such as zoning, road & utility layout, etc. II. Use the general standards for R-PUD (p.. 21-22 of zoning) as a review format; point by point, the staff will bring up the pertinent aspects of subdivision regulations and site plan review. M E M 0 R A N D U M TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: STEPHEN S. PAGE, PLANNING ASSISTANT RE: HORIZON HEIGHTS SUBDIVISION - CObIMENTS DATE: OCTOBER 8, 1976 I. Required Submissions - the information submitted to date i`s ad-equa£e--Tore-Commission to begin the review. The following required information has not been received to date, some or all of which, I understand, will be forthcoming at the meeting: - proposed utility easements - open space restrictions - survey - temporary field markers outlining basic layout W m%& V . - list of waivers being requested - vicinity map - 4 of units in each building II. Comments 1. Roads When any further development occurs, Quarry Hill Road should be brought up to City Standards. This should be made very clear under the stipulations if approval. is granted. A waiver from the cul-de-sac provisions (no more than 50 units) will be necessary. Contracts con- cerning maintenance, permanency, and #t of units or lots to be served by a private street will be necessary. 2. Lot layout Density is not evenly distributed over the two proposed lots. Consequently, these lot lines should only be approved for this development proposal. spa �,/per P�,gsE' 3. Pedestrian CirculationO« 4o. Access is needed to Spear Street, the Quarry Hill Club,�'"1�/'�s! d from the buildings to the pool 8 playground, from the parking areas to Quarry Hill Road. 4. Miscellaneous - utility lines - all underground? - outdoor lighting? -- more detailed plantings plan is necessary - final review - at what rate will development be phased? - 50' on both sides of the stream should be designated on the plat and restricted to conform to the CO district; the same should be done for the 1501 from the Interstate. This should apply to all 3 lots under consideration. 5. Impact on Schools & Highways I have requested opinions from the School Department and Chittenden County Regional Planning Commission on these matters, which will be available by the next meeting. M E M 0 R A N D U M TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: WILLIAM J. SZYMANSKI, CITY MANAGER RE: HORIZON HEIGHTS SUBDIVISION DATE: OCTOBER 8, 1976 1, The 241private road should be extended at least to entrance drive. 2. The angle of approach and the grade of the entrance drive will create a hazardous intersection. 3. An alternate entrance drive should be provided preferably at the northerly end. 4. Shelter No 1 appears to be in a natural drainage ditch. 5. The natural drainage of existing Quarry Road 15 toward this development provisions should be made to accomodate this drainage when the road is improved. 6. Curbs should be included to prof ect planting and fill slopes. 7. Paved drives and parking areas shall include a 611 sand cushion in the base construction, 8. Shelter No. 7 cannot be constructed over sewer and water lines. 11/10/76 SSP Suggested approval motion for Horizon Heights Apartment nroaosal I move that the South Burlington Planning Commission grant preliminary approval to the major subdivision known as Horizon Heights consisting of 77 two bedroom apartment units, as shown on the'plan entitled "Site Plan for Horizon Heights". dated 9/30/76 and revised 10/19/76, drawn by Vaughn C. Button, subject to the following stipulations: 1. All land presently zoned CO on this plat shall be main- tained by the owner, and specifically reserved for open space and recreational purposes. 2. The final plat shall include the following changes to the Preliminary Plat: bearings of property lines and parcel acreage, location of monuments, number of units in each building, the depiction of preliminary plat information in two or more separate sheets for greater legibility, utility easements shall be designated, public easements for pedestrian and bicycle paths shall be added, additional pedestrian access to the north property line and around buildings 1, 2, 4, and 5 (materials to be specified), show outdoor lighting, describe the schedule for phasing of construction, clarify the agreement on use of the open space by Cupola Golf Course Inc., a wider curb radius at both ends of the emergency exit shall. be shown ( see WJS) . 3. The applicant shall meet with the Natural Resources Committee on the layout of pedestrian and bike path. easements, 4. Access for pedestrians and cyclists shall be provided and maintained to the East Terrace cul-de-sac, and physical barriers to vehicular traffic through this area shall be installed, 5. A detailed plantings plan, showing the landscaping around all structures and along the Interstate, shall be sub- mitted and approved prior to the issuance of any building permits, 6. The southern boundary of the parcel shall be established in cooperation with the University of Vermont, 7. Storm drainage shall not be diverted directly onto lands of the University of Vermont. 1 -2_ 1 8. Water lines are to be "looped", for fire protection purposes according to the requirements of the City Water Department. 9. With the exception of streets, all improvements required under the City's subdivision regulations shall be installed according to all. applicable city standards of design and construction. The roadway serving the project shall be upgraded to City design and construction standards, except for curbs, from Spear Street to the primary entrance to the project; the balance of the roadway, known as Quarry Hill Road shall remain as is, and be maintained by the Cupola Golf Course, Inc. 10. This approval is based upon positive findings reached by the Commission under the following criterice: a) site plan review (review of detailed plantings deferred). b) the general and specific standards of a Residential PUD. c) right of way approval under sect. 11.74 of the Zoning Regulations.��" d) major subdivision. I 11/10/76 SSP ion f I move that the South Burlington Planning Commission grant preliminary approval to the subdivision of the lands of Cupola Golf Course, Inc. into two lots of 11A'-".and 28 acres, +, as partially depicted on a plan entitled "Site Plan for Horizon Heights". dated 9/30/76 and revised 10/19/76, drawn by Vaughh C. Button, subject to the following stipulations: bends1. All bends owned by Cupola Golf Course, Inc. presently zoned C-0 shall be restricted, maintained, and reserved for open space and recreational purposes. 2. "Quarry Hill Road", so-called, shall be fully upgraded to city design and construction standards in the event of: ai additional subdivision, or, b substantial further development 3. The applicant shall deed to the city utility easements of appropriate width for minicipal water and sewer lines. 4. All required improvements, as enumerated in the Cityts subdivision regulations (sect. 301.1), are waived, with the exception of monuments and lot markers. 5. The lots shall be numbered with acreage, bearings, distances, and location of corner markers shown on the final plat. 6. This approval is based upon positive findings reached by the Commission under the following criteria:.,, a� right of way approval (sect. 11.35 of zoning) b major subdivision TZ Li"aomvwb�mc_i Ap*wc> - _. M E M O R A N D U M TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: STEPHEN PAGE, PLANNING ASSISTANT RE: GENERAL COIVRENTS ON SKETCH PLAN OF SUBDIVISION PROPOSAL FOR QUARRY HILL PROPERTY DATE: SEPTEMBER 10, 1976 I. Access & Circulation - The layout of the intersection with Spear Street merits careful attention. - The road layout should be adequate to serve the balance of 28 acres when fully developed (See Dick Ward's memo). - It is the policy of the School Board not to allow school buses on private streets. - Sidewalks should be provided from the north end of the development all the way to Spear Street. - Non vehicular access to Spear Street and the Gaynes area should not infringe on the East Terrace neighborhood or the remaining Quarry Hill property; however, reasonable access must be provided cyclists and pedestrians to the vicinity of the shopping complex, bus routes, University, etc. II. Density This is a residential -planned unit development (see sect. 6.30, p.8 of zoning). - the ceiling on density is 7 units/ acre (gross). The determination of the westerly property lines will set the exact acreage and therefore, the total number of units for the project. III. Utilities Utility layout and design is to be reviewed by the City Engineer at a later stage. IV. Recreation Land Adequate recreation land and/or facilities must be dedicated -2- to the City or reserved permanently. V. Schoolchildren Apartments of this configuration generally have a nominal impact on the school population. More specific information will be forthcoming; it would be desirable to contact the School Department, in any case. VI. Aesthetics This development will be conspicuously evident to motorists using the cloverleaf; some attention to aesthetics in the form of plantings, landscaping, and building materials would be desirable. MEMORANDUM .' lip TO: SOUTH BURLINGTON PLANNING CO�gl ISSION FROM: RICHARD WARD, ZONING ADMINISTRATOR RE: PRE -HEARING COMMENTS - QUARRY HILL CLUB SUBDIVIS%ON DATE: SEPTEMBER 10, 1976 Two divisions of land are under considerat'.on. 1) quarry hill property to be set off into three parcels, 6.8 acre parcel, 4.2 acre parcel and a 28 acre parcel. 2) Approximately 11 acres to be developed into apartments. Parcel has no frontage on a public street, entrance is from Spear Street off a private road. Quarry Hill Road so - cal led. Site conditions: Soils mixed: a) Belgrade & Eldridge soils 3 to 8% slopes. b) Enosburg & Whately soils 0 - 3% slopes. c) Farmington extremely rocky loans - 20 to 60 slopes. d) Hartland very fine sandy loam - 6 to 12% slopes. e) Vergennes clay - 2 to 6% slopes Area of 1.last Terrace Extension has ledge out -crops, need additional information such as a test boring; in the area proposed for apartments, (however, not at this stage of review.) Zoning of area under consideration is Residential 7, Residential 4 and Conservation -Open Space Districts. Density is computed on 7 units per acre, a portion of this parcel is zoned R4, however, a carport or garage is proposed for that area in quest'on, does not a�bear to be a problem. -2- } Recommendations: That all structures be set back the minimum of fifteen (15) feet from the south property line. That Quarry Hill }load be up -graded, and consideration be given to deeding it to the city, if additional development occurs on remaining portion of land. Prior to next meeting, test boring should be taken, and a topo map and a more detailed plan should be submitted. J ) OFFER OF IRREVOCABLE DEDICATION Agreement made this day of 197 by and between ' (hereinafter referred to as Owner) and the City of South Burlington (hereinafter referred to as City). WITNESSETH: WHEREAS, the City Planning Commission has approved'a final subdivision plat entitled dated , by ; and WHEREAS, the final approval of the Planning Commission dated contains the following conditions: (set forth specifically the relevent conditions contained in the preliminary or final plat approval) and WHEREAS, the above described areas are to be dedicated to the City free and clear of all encumbrances, pursuant to said final approval and final plat (or the above described easements are to be dedictated to the City free and clear of all encumbrances, pursuant to said final approval and final plat); and WHEREAS, the Owner has delivered deeds of conveyance (easement deeds) to the City for the areas above described. NOW THEREFORE, in consideration of the City Planning Commission's final approval and in further consideration of the sum of One Dollar in lawful money paid by the City to the Owner and other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner herewith delivers to the City a Warranty Deed for the premises described in Exhibit A attached hereto, said delivery being a formal offer of dedication to the City to be held by the City until the acceptance or rejection of such offer of dedication by the council of the City. (This paragraph should refer to an easement deed if such is the case). 2. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the City 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. IN PRESENCE OF: Owner CITY OF SOUTH BURLINGTON BY: Its Duly Authorized Agent s STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, Vermont, this day of 1977, personally appeared and he acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of the City of South Burlington. before me STATE OF COUNTY, SS. At r of , 1977, personally appeared this day and he acknowledged this instrument by him signed and sealed to be his free act and deed. Before me, Notary Public k r� , :r . icharc+ truce 3O Dundler - urD ngton, Vermont 05401 i.�ear _) crc. - There are a couple of lor;se ends on the < crizon Leights project o:hich I w uld l il,e to it.. -rap up. They relate to the racre, ticn fen, currently in escrow, and the pedestrian a.-,,se- mcnt alone the Interstate. C'nce tYiese ar � resolved, and the site inscecticn is com :l tcd, s.,,e :,ill be able to i ,sue the cer ti li..cates of cccuoancy which are required by Ia-- . rleaE ive me a cr:.l�_ sc t',, ewe c .n hrr � n� a mutually convenient meeting time. ours tr u,l;; , rtenhen _`�.ge Planning ' ssi.�Aant "'Wmcg PIERSON, AFFOLTEIII & WADHAMS LAW OFFICES 283 SOUTH UNION STREET BURLINGTON, VERMONT 05401 DOUGLAS C. PIERSON TELEPHONE 863-2688 RICHARD W. AFFOLTER AREA CODE 802 WILLIAM H. OUINN RICHARD H. WADHAMS, JR. GLEN L. YATES, JR. MICHAEL W. WOOL January 27, 1977 Natural Resources Committee South Burlington Natural Resources Committee City Hall South Burlington, VT 05401 Gentlemen: Re: Horizon Heights This will confirm the recent agreement on the part of the developers of this project to provide a pedestrian easement along the east side of their property (constituting a portion of the old Cupola Golf Course) bordering the interstate highway if and when your committee should request and require the same. The location pof�aid easement shall be easterly of the brook or drainage /itch in its present location. Since.7,�OM yourd, kv v1 Douglas C. Pierson sc FOUDIV up rt Lc- Cbo"P15> I (5) c - LOuae: -,jjj �a✓nA-fld __-. � cc�t�-CC" � ll `► `�"8 � �l F-l`T� 5'S ° � 1 "L�`' —'� ?�'4'" � wt LL- T-T - L)" GUT z OL3T- 9 to 8 June 4, 1979 Attorney Douglas Pierson 253 South Union Street Burlington, Vermont 05401 Re: Pedestrian Easement, rizon Heights Dear Mr. Pierson: Enclosed you will find sample drafts of an offer of dedication and accompanying exhibit and warranty deed for a 15' pedestrian easement. Also enclosed is a copy of a portion of the perimeter, Survey of the Horizon Heights property, as recorded in V105 073, with the proposed location of this easement sketched in reed. Yours truly, Stephen Page, Planner SP/mcg 4 Encl /I/ / V. ►. T. ik 25' Uhh►los easy �`•, ��� �9 (water B sewer •ill . (proposed) • . � 1. P. •. !re►1 (sel) •• y ` • a 7� 32' PARCEL l • a N 4/•0800. E //.03 Acres \ l.P.•0 / �j(iGt y0 ease - N�6- MH.tp ertl (Proposed)�+ _ a �. ' / \ �� \ �I • 10' Ulililies i''•mem (water Q sew 150 C. 0District \ \ y (ProposeOr lP (round) N2%pj�W \ \ replaced based on UVM Datum N '•' �J-W _ E - Sit IS , N ?. _ E� S fNT 9y VHD. Mc �-�. ERSTATE (found) NOTES 1. Perimeter data Dosed an a transit and too control rroverse hoviny a precision of I: 40,000 and error of closure of 0.09. 2. The Ocilla/ location of h/ghwoy monwnen/elion a/on' the westerly R.O. W. of Interstate 89 does net reflect the positioning shown on highway plans. Actual and theoretical data ore shown hereon Acreage or the parcel. J. Bearings ore oriented to U.VM.. grid 11ru0north 4. OLcrry Mll kind, so co1W , shall be fully upproded to city design and construction slandardl rr #wownt o/ : A. additional subdivision, or, B_ subs/onlia/ further de`ebpment. 30 15 0 30 OFFER OF IRREVOCABLE DEDICATION Agreement made this day of 197_ by and between (hereinafter referred to as Owner) and the City of:South Burlington (hereinafter referred to as City). ' WITNESSETH: WHEREAS, the City Planning Commission has approved a u n r u final subdivision plat entitledT�(Slw k., t� . ,. , dated U �T- v i I by,���� 71;%G+"�h,,,.Swwe-{J and - - WHEREAS, the anal approvals of the Plannini Commission 1 d a t e d p /p�, s 3 ee r'a�--�h 1 v 1 - eend3 t-ian r (set fortfi sp ifi ad 11y the relevent conditions contained in the prekiminary or final plat approval) and WHEREAS, the above described areas are to be dedicated to the City free and clear of all encumbrances, pursuant to said final approval and final plat (or the above described easements and to be dedicated to the City free and clear of all encumbrances, pursuant to said final approval and final - plat); and , WHEREAS, -the Owner has delivered deeds of conveyance • (easement deeds) to the City for the areas above described. J NOW THEREFORE, in consideration of the"City Planning---_ Commission's final approval and in further consideration of the sum of One Dollar in lawful money paid by the City to MFMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: STEPHEN PAGE, PLANNING ASSISTANT RE: FINAL PLAT APPLICA77IONS OF HORIZON HEIGHTS AND CTTPOLA GULF COURSE, INC. - DATE. MARCH 18, 1977 I. Horizon Heights A. Changes in Preliminary Plat - Several chancres have been made, which generally improve the project, i.e., improved layout of buildings parking area emergency access, deletion of parking shelters. Other chances include a 1 phase development timetable, change in number of units from 77 to 7F. B. Additional Changes Suggested 1) sidewalk to the west of buildings 4 & 5 2) clarify status of "pool and pla,varound area" 3) name street and install sign C. Other Considerations 1) growth and recreation policies 2) we have not received word from the City Attorney who is on vacation, on the documents relating to the private road, utility easements, and the pedestrian/bikepath easement. I surnest this can be resolved administratively, prior to issuance of building permits. The setting of the amount of the bond and engineering inspection fees may he treated similarly. II. Cupola Golf Course, Inc. 1) utility easements have not been received. This can be resolved administratively. 2) I suggest that the follo�ring condition of preliminary approval be reiterated for final plat approval, and that the conditions of the final plat approval be recorded in the land records, as well as referenced on the final plat. --2- Quarry Hill Road so-called, shall be fully upgraded to City design and construction standards in the event of; a) additional subdivision, or, b) substantial further development 2) the matter of the pedestrian easement .from the apartment project to Quarry Hill Road (a small one) should be resolved. City of South Burlington 1175 WILLISTON ROAD s SOUTH BURLINGTON, VERMONT 05401 �''•, .....�' TEL. 863-2891 February 24, 1977 Mir. Curt Carter Dist Environmental Commission #4 111 611est Street Essex Junction, Verimont 05452 Re: Horizon Heights Apartment Project Dear Curt: Dick Bruce, a principal in this project, has asked me to describe to you what approvals have been granted by South Burlington for Horizon Heights. The primary review this project is subject to is sub- division; this project has received preliminary plat approval, which is the substantive part of subdivision review and has submitted application for final plat approval. The last re- maining approval is for the landscaping plan. Based upon present conditions relative to City services and facilities, I anticipate no major problems in the applicant obtaining final plat and landscaping approval, provided these submissions are in accord with the conditions of preliminary plat approval and local bylaws. Yours truly, Stephen Page, Planning Assistant SP/dlg P.S. Please keep me informed re Cedar Glen North. Thanks City of South Burlington 1175 WILLISTON ROAD f SOUTH BURLINGTON, VERMONT 05401 •�"'••....�' TEL. 863-2891 February 11, 1977 Attorney Richard Thomas 47 Clarke Street Burlington, Vermont 05401 Re: Subdivision of lands of Cupola Golf Course, Inc. Dear Mr. Thomas: Per our recent phone conversation, you will find enclosed the approval motion for the preliminary plat and the informa- tional requirements of our subdivision regulations for final plat approval. In order for Cupola Golf Course, Inc. to obtain sub- division approval (to set off the 11 acre lot, which I know is a fait accompli) the stipulations of the preliminary approval must be adhered to and a final plat must be submitted, approved, and recorded. Please give me a call if you have any questions. Ruth seems to be oblivious to the stipulations on her preliminary approval as well as the need to consummate the review process. Yours truly, Stephen Page, Planning Assistant SP/dlg NATURAL RESOURCES COICiITTEE 1/3/77 The Natural Resources Committee met at City Hall at 7:30 on the above date. Present were: Doris Bailey, Bill Knoff, Bill Schuele, Gene Thieret,. and Pete Yankowski. Jim Marvin is in California. Bruce O'Neill of the Recreation Department attended also. Two representatives of the Horizon Heights Developement Corporation, namely, Dick Bruce and Larry Leveille, presented their company's plans for a 77—unit developement east of Spear St. adjacent to the Quarry Hill ar.ear.north of the UVII farm.The NRC voiced its usual concern: if and when bike and pedestrian trails are implemented in that pert of the city, will these trails be open. to the public or will there be tenant —only restrictions? NRC was assured that the trails are welcome and, indeed, regarded as an asset to the developement. The trail line would be east of the center line of t�_e conservation strip, as defined in the site plan map. Douglas Pearson, a partner in Horizon Heights and an attorney, will advise NRC shortly. with the pro^er legal statement, defining the location of the pedestrian and bike trails. The minutes of the 12/7/76 meeting were read and amended as follows: Par.4, - -- line 3, "that the city require" be amendedtoread "that the city accuire". Minutes were then accepted. The summary of the special meeting , 12/21/76 were also accepted and filed. Bruce O'Neill reported that he has contacted Curtis Carter, Environmental Coordi4or, State of Vermont, and he will be happy to meet with the NRC, Red Rocks Park Committee and the Redrock Partnership. The tentative date i;ill be 1/18/77 or another Tuesday in January, to discuss further the boundary problems. Bill Schuele reminded NRC members to please brin*.n their written statements of what they feel IkR are the philosophy and aims and evaluations of the NRC. Requested in September, all NRC members are delino_uent. Meeting adjourned at 9:30 -p.m. Respectfully submitted, J MEWIM ,51-5 Doris Baile,�j/ Secretary, Natural Re urces Commit �.r.ur...• City of South Burlington 1175 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 ..�'` TEL. 863-2891 OFFICE OF CITY MANAGER WILLIAM J. SZYMANSKI To: Planning Commission From: William J. Szymanski, City Manager Re: Quarry Hill Subdivision proposal Date: September 14, 1976 1. Access to the rest of the parcel should be resolved. 2. City has a sewer easement along dirt road. It appears that the planting is on sewer line. 3. Sewer crossing interstate is not where shown. 4. Improvement of approach and sight distance at Spear Street must be considered. Respectfully submitted, William J. Szymanski City Manager WJS/h Ar'I%IINI STRAT IV E CHECKLIST PROJECT NAI,:E/FILE REFERENCE 1. L T:ER OF NOTIFICATION & APPROVAL 140TION OR FLINGS & ORDERS ` 2. E-ONDING OR ESCRO'N AGREEMENTS L AITDSCAP ING v. • Orl)S CJP.BS ID:;, �LI:S (NOTE ALL RELEASES OR AGREE?IaJT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTM & SITE INSPECTIONS COMPLETED, ETC.: 1 t 4. o UTILITY EASE24alTS *, BILLS OF SALE RECORDED ACC:]f'T: 5. CERTIFICATE OF TITLE x 6. ROAD:.AYS DELIS FOR CITY STREETS ACCEPTED * &PRIG ATE ROAD & WAIVER AGREEMENT x 7. • FIP,TL PLAT OR RECORD COPY - 8. • PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED AMPED , SIGNEO, & FILED 0 RECOIE�pl' 9. MIf'CZLL NEOUS AGRE-MF24TS LA?ID FOR ROAD WIDENING *OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SI'=RED ACCESS POINTS OTHER �Z G 10. COPY OF SURVEY TO ASSESSOR (IF CHA14GE IN PROPERTY LINES 11. FEES - PAID DATE HL".R_TT'74G r f I LD ± l -'G P ,7:U.1jI ' I'Y --- E RII G i N SP. :: C? ::,TIGii (RECORD Ct-:LCUI,:.TION : ��D DEPOSIT . I rCCOUI:T) {� (4 �� j J� 1 '_ 2 . :,! 1 = OLLC- - UP i.e., "OII LANE" EVALUATION: SCHOOL :.IDS CAR COUNTS /�,e14C ( W CITY OF SOUTH BURLINGTON APPLICATION FOR A DEVELOPMENT OR SUBDIVISION PERMIT 1. Applicant's Name, Address, and Phone Number Gerald C. Milot, South Burlington 658 2969 Ri chard Rriire, Riirl i ngj--n 862 9143 2. Name, Address, and Phone Number of the Person Whom the Commission should contact regarding this Application 3. Nature of the Development or Subdivision 4. Location of Development or Subdivision 5. Quarry Hill Club. Spear Street. South Burlington High and Low Elevations of the Tract of Land involved with the Development or Subdivision 6. Address of each of the Applicant's Offices in Vermor,,t 205 Dorset St., South B li 7. Applicant's Legal Interest in the Property (Fee Simple, Option, Etc.) option ,r _._._.. a - 2 - 8. If the Applicant is not an individual, the Form, Date, and Place of Formation of the Applicant FORM: Partnershin DATE: Informal PLACE: 9. Estimated Cost, Exclusive of Land Cost of the Development (Applicant for a Subdivision Need Not Lswer) s1.15o.000.00 10. Application for a Subdivision, the Number of Lots 11. What Restrictive'Covenants are Planned for any Deed(s) to be issued? NONE 12. Description of the Proposed Development of Subdivision A. Plans and Specifications: (1) Attach a detailed plat or plot plan of the proposed project drawn to scale, showing the location and dimensions of the entire tract. This plan should also show: all lots, streets, roads, water lines, sewage systems, drain systems, buildings, existing or intended. (2) In subdivisions where individual water and sewage facilities are intended, indicate the proposed location(s). (3) Show all easements, parks, playgrounds, parking areas, water courses, and other bodies of water, natural or artificial, existing or intended. (4) Include a contour man of the land involved drawn on a scale of foot contour intervals. (5) Indicate on the plans the location and width of any easements for utilities, roads, etc., exist- ing or intended. Attach a written explanation of any such easements. -3- 13. What is the purpose of this Subdivision or Development and What is the intended use of the land after Subdivision or Development? Multi,- Family Housing 14. Describe the Site of the Proposed Development or Subdivis- ion including information, if available, on Soils, Streams or Other bodies of Water, Bedrocks, Etc. 15. Acreage: A. Number of acres owned, or in which you have a legal interest 11 B. Number of acres in this project 11 C. Number of acres previously developed D. When do you anticipate beginning the project Spring 1977 E. When will this development or subdivision be completed 2 years from start 16. Water System: A. What type of water system is to be provided, such as: Individual system on each lot, community system, municipal system, etc. city water on _1nt B. Where is the nearest municipal water system and is it available and feasible to use it? on Lot and available for use 17. Sewage System: A. What type of sewage disposal system is to be provided or intended, such as: Individual system on each lot, community system, or municipal system? city sewer on lot A i - 4 - B. Where is the nearest community sewage system and is it available and feasible to use it? i, On lot and available for use C. If the sewage system is other than a community, municipal, or individual lot septic tank and leaching field, include competent professional engineering evidence that it will perform satisfactorily. 18. Adjacent Property: A. List below the names and addresses of adjacent property owners. B. What is the adjacent property used for at present? Recreation, Agricultural, Interstate C. What is the future usage intended for the adjacent property? remain -&me `� , L , , vk e<{ 19. Zoning: A. Which'District or Districts is the proposed site with- in according to the official zoning map of the City? R- 7 DATE SIGNATUP.E � �C K�� ,. .a♦'—...eHJ...-c'Z.t.r��....a.A:q,.G..».a .W h. ,1Ca.►s.i .+...�;.-�vw:-ew. e_.. .. .r+.+o -�... .R ..w,.... .. n..... .•.. r r ,. 'r^Wv .w .}�,.xe♦ .wJ�r','ilfw'1 ♦:W'li.::' SY� 5 araa �.X'/'4k1A. wa- PUBLIC NOTICE SOUTH BURLINGTON PLANNING COMMISSION SUBDIVISION HEARING The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road, South Burlington, Vermont on Tuesday, March 22, 1977 at 7:30 p.m. to consider the following: Final plat application of Cupola Golf Course, Inc. for approval to subdivide an existing 39 acre parcel into two lots of 28 and 11 acres each. The proposed subdivision is bounded on the south by lands of the University of Vermont, on the west by lands of Roland Deslauriers, Ireland Industries, Inc., John Dooley, Hyman Kaplan, Richard Brigham and Burlington Tennis Club, Inc., on the north by lands of W. R. Hauke, and on the east by lands of the State of Vermont. Final plat application of Richard Bruce, et al, for approval of a one phase 76 unit apartment project, known as Horizon Heights, on the afore- mentioned parcel of 11 acres. Copies of these subdivision applications are available for public inspection at City Hall, South Burlington, Vermont. William Wessel, Chairman South Burlington Planning Commission 3/5/77 SOUTH BURLINGTON NOTICE SUBDIVISION HEARING The South Burlington Planning Commission will hold a public hear- Ing at the South Burlington City Hall, Conference Room. 1175 Williston Rood, South Burlington, Vermont on Tuesday, September 29, 1976 at 7:30 p.m. to consider the subdivision ap- plications of Cupola Gott Course, Inc., South Burlington, Vermont and Gerald C. Mllot, 2g5 Dorset Street, South Burlington, Vermont. The former application Is for approval of the subdivision of a parcel o1 39 acre! into three lots of 6.8 acres, 4.2 acres, and 28 acres. Subject property 1s bounded on the south by lands of the UnlverslIV of Vermont, on the west by the lands of Roland and Evangel Ine DesLourlers, Ireland Industries Inc., John and Sandro Dooley Hyman and Lorralne Kaplan, Rich and and Anne Brigham, and Burling ton Tennis Club, Inc., on the north b, the lands of W. R. Hauke, and on th, east by lands of the State of Vermont as Per plans on file at the City Hal Offices. The latter application Is foi approval of a two-phase residenti of project consisting of a total of 77 two bedroom apartments on an 11 acre Parcel, comprised of the aforemen- tioned parcels of 6.8 and 4.2 acres. William Wessel, Chairman South Burlington Planning Comm lsslon Sept. 11, 1976 -V�7 ! © I rz_ (7& 2. PLANNING COMMISSION NoyEMBER 16, 1976 Chairman Wessel then asked if Section 2 of the Cupola motion should say by whom the road should be upgraded. Mr. Page explained it would be a situation where the buyer would come in and develop it or the price could be adjusted and Quarry Hill would do it. Mr. Poger said it was really not the business of the Planning Commission who does it. Mr. Morency felt the City might be left with the task of making a new owner upgrade the road. Mr. Poger explained that by voting approval of the road to be brought up to City standards the Commission has already decided the Cupola or the developer will bring it up to City standards. Mr. Morency asked if traffic had been resolved for the remaining lot of 28 acres, Mr. Poger said the Commission had stated it would not allow commercial development to take place with access through that residential area, so if it was developed commercially it would have to have some other access. They have been warned that by allowing residential development they have precluded their option of having something other than housing in that area unless they find some other access. Mr. Wessel said he thought it was the responsibility of the Planning Com- mission to rezone the rest of the property. Mr. Poger said the thought had been that this would be commercial and have some other access. There might be some possibility of Cupola working with Gaynes. But if they have land locked themselves, he didn't think they would come to the Planning Commission. He felt the point had been made very clearly to both the developer and to Mrs. DesLauriers that the zone could be changed. Mr. Wessel asked about the pedestrian trail along the Interstate. Mr. Page referred to Section 3 in his motion and added that the layout of the trail is not going to change the layout of the property. Mr. Schuele said in two or three years this could be very difficult unless it was spelled out now. Regarding access to the remaining 28 acres, Mr. Poger suggested adding a Section 7 to the prepared -motion for approval of Cupola Golf Course, Inc. subdivision to reads The following agreements were made in discussion_ between the Cupola Golf Course, Inc., Horizon Heights, and the Planning Commission that further development of the 28 acres zoned commercial shall not have access through the residential neighborhood. Unless further access is found, the Planning Commission expects those 28 acres to be developed as a residential area. The members of the Commission agreed to this addition. Mr. Poger then moved that the South Burlington -Planning Commission ant preliminary approval to the major subdivision known as Horizon Heights, consisting of 77 two bedroom apartment units as shown on the plan entitled "Site Plan for Horizon Heights," dated 9 0 7 and revised 10 19 76, drawn by Vaughn C. Button, subject to the following stipulations: 1. All land presently zoned CO on this plat shall be maintained by the owner, and specifically reserved for open space and recreational purposes. 2. The final plat shall include the following changes to the reinCinary plats ,bearings of property lines and parcel acreagp(, location of monuments, number of units in each L. PLANNING COMMISSION NOVEMBER 16, 1976 build-ing,__th-e_ depiction of preliminary, �inf" tiorr-In two--or_more separate-zheets for greater egi�y, utility easements shall be designated, public easem is for pedestrian; andbicycle_.�aths--sha11_b_e adaed,Taddttional pedestrian access -to_ the north property line and around buildings 1, 2, 4, and 5 (materials to be specified), show outdoor lighting, describe the schedule for phasing of construct on.(clarify the agreement on use of the open space by Cupola Golf Course, Inc., a wider curb radius at both ends of the emergency exit shall be shown (see W.J.S.). 3. The applicant shall meet with the Natural Resources Committee on the layout of pedestrian and bike path easements. 4. Access for pedestrians and cyclists shall be provided and main- tained to the East Terrace cul-de-sac, and physical barriers to vehicular traffic through this area shall be installed. 5. .4 detailed plantings plan, showing the landscaping around all structures and along the Interstate, shall be submitted and approved prior to the issuance of any building permits. 6. The southern boundary of the parcel shall be established in cooperation with the University of Vermont. 7. Storm drainage shall not be diverted directly onto lands of the University of Vermont. 8. Water lines are to be "looped", for fire protection purposes according to the requirements of the City Water Department. 9. With the exception of.streets, all improvements required under the City's subdivision regulations shall be installed according to all applicable City standards of design and con- struction. The roadway serving the project shall beyupgraded to City design and construction standards, except for curbs, from Spear Street to the primary entrance to the project= the balance of the roadway, known as Quarry Hill Road, shall remain as is, and be maintained by the Cupola Golf Course, Inc. 10. This approval is based upon positive findings reached by the Planning Commission under the following criteria: a) site plan review (review of detailed plantings deferred). b) the general and specific standards of a Residential PUD, c) right of way approval under Section Regulations, d) major subdivision. 11.77d,of the Zoning 1/3 4. PLANNING COMMISSION NOVEMBER 16, 1976 The motion was seconded by Mr: Morency and voted unanimously for approval. Mr. Poger then moved that the South Burlington -Planning Commission grant preliminary approval to the subdivision of the lands of Cupola Golf Course, Inc,, into two lots of 11 acrest, and 28 acres-, as partially depicted on a plan entitled "Site Plan for Horizon Heights." dated 9/30/76 and revised 10 19 7 , drawn by Vaughn C. Button, subject to the following stipulations: 1. All lands owned by Cupola Golf Course, Inc., presently zoned C-0 shall be restricted, maintained, and reserved for open 2. "Quarry Hill Road" so-called, shall be fully upgraded to City design and construction standards in the event of: a) additional subdivision, or, b) substantial further development. 3. The applicant shall deed to the City utility easements of appropriate width for municipal water and sewer lines. 4. All required improvements, as enumerated in the City's subdivision regulations (Section 301.1), are waived, with the exception of monuments and lot markers. 5. The lots shall be numbered with acreage, bearings, distances, and location of corner markers shown on the final plat. 6. This approval is based upon positive findings reached by the Commission under the followint criteria: a) right of way approval (Section 11.35 of the zoning regulations, b) major subdivision. 7. The following agreements were made in discussion between the Cupola Golf Course, Inc., Horizon Heights, and the Planning Commission that further development of the 28 acres zoned commercial shall not have access through the residential neighborhood. Unless further access is found, the Planning Commission expects those 28 acres to be developed as a residential area. This motion was seconded by Mr. Levesque and voted unanimously for approval. Mr. Page explained that once the final plat is submitted he will warn for public hearing on the final plat approval. Mr. Bruce explained their problem is financing and they are going to need site plan approval to finance by the 23rd, next week. The bank will request site plan approval and they had told the bank they would ' �~ ` v CHITT[U]EU COUNTY RECIOHHL PLRMUIMG COMMISSION UR3RM TRANSPORTATION STU]Y THEMTY-FOUR HOUR TRAFFIC PATTER!'! CITY OF SOUTH 3URLIMCTOM, VERM[NT SPEAR STREET 2-HAY (U+S) .03 MILES 1117H OF SHIFT STREET SEPTEM3ER 8-153 1975 10UP HOURLY TRHFFIC PATTERNS OF mm�m��m��mmm�mmmm�mmm��m�m��m�mm�m��m��m��mm��m�m�m THE HVERH]E RMMUHL Hn HVBRRCE AVERAGE AVERAGE HMMUHL DAY UEE[DHY WEEKDAY SRTURDHY SUNDRY DR`.' Al ]HY MIDNIGHT 12- 1 13 13 38 41 19 19 l- 2 3 3 15 27 9 9 0 12 11 3 5 3- 4 3 6 2 2 6- 7 7- 1 27 163 163 O- 9 4 244 8O 31 133 173 n -18 138 133 93 93 123 03 18-11 117 117 125 107 117 217 11-12 138 1.7;'! 107 138 i3O MOOU WA AAA mmmAmAMmTIAW WAWA A 12- 1 178 170 158 139 �63 Z3 1- 2 K7 147 163 149 1�? Q9 2- 3 160 160 109 187 �31 131 3- o 211 211 136 15! '�- 5 ^266 26&- 141 137 nQ, '?2 / � � 3- 6 vn65 265 148 162 202 231-� 6- 7 173 173 114 137 159 �51� 7- O 129 128 183 127 12'1 12� 8- 9 O1 01 61 cc 70 77: n-18 �4 74 32 78 -O 73 18-11 55 55 46 22 �? p9 11-12 34 34 51 3O 06 36 UI3HICHT TOTAL 2671 2672 1895 1028 2438 2q3? HDT = 2439 VEHICLES PER DAY : HHDT = 2439 VEHICLES PER DAY rn Eiji 91 Ld V T. CO P Li I-D Z 0 L.L. r*. U ZZ 2. Z. V LJ it I Ed Lt I.F.: --! Ed ...... . ..... L Ji LJ 1= 0".: 1:.i,:l ra".1 F.- 17.1 _E7 2 2: Ld U.j no p? at W 0 Ed W f Ul M V Q Z-. Ti I..:: LJ A P 01 U, -1 ED Q 17,i V .., -0 U, T! 0 0 0) F - L, 10 0 GD OJ 0 C".1 i::,.. r7j zl::: 0 0) 04 IVj ITO CD cy 0 0 CD I.. Q . . . . . . 17;.J V. 04 ED 0 0 ITO Co I?j 171 "s co ED ED 0 ED OD V� co Q ED Ll. . . -0 CO W 0 71 ;-.7.1 17, co 0 ED 0 ED co L71 IZI iY O.J W A A At At i;t 2. 0.0. 0 L) iL'l f!".1 A 0 0 Ed at at IZ i:C at U Ed V V P Lij Lk: -J i-- ECI—,, Of V 07 0? Q-. ko CU 0 ED ED ED C. in:, r 0 j I. 17 17�::i Qj OJ N CO CD ED 0 0 C::] CD 0:1 Q 6j W _j -j'.": i;C IT- IT- U U --I iEl 1 0 at 00 at c- 0 CO P P 4- oo Z::. i;C Lf co G.: a., 9- Q U.. 17 Go 0.".: c" C".:: I•--1 1=4 I• —.I most IS. -I I t Ely Ed L.J L.J LAJ CHITTEUDEM COUMT'/ RECIOMRL PLHMMIMC COMMISSION URBAN TRANSPORTATION STUD'/ INTERSECTION TURNING MOVEMENTS SPEAR STREET (SPS) AND SWIFT STREET (SS) HOnEMDEP 263 1974 H.M. UOOH P.M. PEHK PEHK rERK TOTAL !./OLUME 37 60 123 51 RT - TOTAL 51.4 45.0 33.3 XS-ME % LT - TOTAL 10.8 16.7 12.2 % TRUCKS .0 .O .O HPPF!OHCH % ST - TRUCK % RT - TRUCK % LT - TRUCK .0 .0 .8 PEDESTRIAN!:-!; O O 0 TOTAL VOLUME 72 % RT - TOTAL 23.1 i6.7 5.6 SS -SE % LT - TOTAL 24.4 35.4 �6.9 RPPROHCH % TRUCKS .O .0 .S % ST - TRUCK .8 .0 .3 % RT - TRUCK .O .0 O % LT - TRUCK PEDESTRIANS 0 8 8 TOTAL VOLUME 12O RT - TOTAL 22.7 42.1 �6.9 SPS-SW �� LT - TOTAL 20.3 10.4 12.2 TRUCKS .O .O '8 HPPROHCH % ST - TRUCK % RT - TRUCK .8 .0 .0 % LT - TRUCK PEDESTRIAN.,:.; 8 8 O H.M. PEAK 7:30 H.M. TO 8:30 H.M. MOOH PEAK 11:45 H.M. TO 12:45 P.M. P.M. PEAK 4:30 P.M. TO 3:30 P.M. CHITTEMD[M COUMTY REGIONAL PLHMMIMC COMMISSION URTHM TRANSPORTATION STUDY TRAFFIC ACCIDENT SURVEY SPEAR AND SHIFT STREETS CITY OF SOUTH 3URLIMCTOM MRR 1973 TO MOV 1975 TIME OF DAY ACCIDENTS WEATHER HCCI]ENTS 6 0 H.M. 8 CLEAR _ �0 R.M.- 4 P.M. 5 FOG O '4 P.||.- 7 P.M. 2 RHIM 1 . P.U.-12 MID. 2 SLEET O 12 HID.- 6 H.M. 1 SHOW 2 ON OF WEEK ACCIDENTS SUM]HY 8 MOMDHY 1 7UESDHY 1 WEDHES]HY 1 SHTUR3HY 3 PFX|EMEMT RCCIDEMTS ________ _..... _______ 3R`'' 6 ICY WET 8 nsm����mmm�mm�m��mmm���mmmm�� TIME OF ____________ YEAR ACCIDENTS WINTER --------- (DEC. -MAR.) 5 SPRING (APR. -MAY) 1 SUMMER (JUME-AUG.) 1 FALL (SEP.-MOV.) � ��m�m�mm�mmmm��m�m�mm�mm��mmm ACCIDENT TYPE ACCIDENTS SIDESWIPE 0 R[RR END O RT. ANGLE 5 LEFT TURN 1 PEDESTPIHM 0 OTHER `! ACCIDENT SEVERITY ACCIDENTS FATAL IMJUPY O MOM-FRTRL lHJURY 3 PROPERTY DAMAGE ONLY 3 APPROACH DIRECTION ACCIDENTS _________________ MORTHEPM 3 EASTERN _ SOUTHERN HESTEPM � TYPE OF VEHICLE ACCIDENTS TOTAL ACCIDENT-]; 10 --------------- --------- TOTAL VEHICLES 16 PASSENGER CARS 15 ACCIDENTS COMPILED COMMERCIAL VEHICLES 0 /HCCIDEMTS IM PERIOD 100% BICYCLES U MOTORCYCLES 1 `�r�--~---- ~ s Red Tape Form - Circulation c m > > w v •� .—� a� o o cr N 4j co+P a� •� fa % a, c aD CO a> co C cv +> > a o c co W fa, a. a. u.a, cn 0: 2� Q a. Q N U O Zoning Administrator Planning Assistant City 14anager (Engineer) Fire Chief Police -Chief School Directors Recreation Director City Attorney Transportation Engineer (RPC) Natural Resources Comm. Tree Planting Comm. Other _ -A— I I x x X ✓ = no adverse comment x = memo enclosed plat application of Horizon Heig I final subdivision approval as sheets and a landscaping plan to Surveys and Trudell Consulting and Plan II final subdivision J Course, Inc." by Green Mountain stipulations: 1) that a final landsc Commission. r 3. and Cupola Golf Course, Inc.. Plan the Horizon Heights plan of 11 submitted later, by Green Mountain veers dated 9 30 76, revised 11 29 77, al to a plan entitled "Cupola Go veys, dated 3 2 77. with the following an be submitted to the Planni 2) that Horizon Heights be subject to the recreation fee to h set by the Planning Commission and approved by the.Cit Council. $ftCOWL 3) that the stipulations in Bill S zmanski's memo of March 18 1977 be(a reed to en inee 4) that a proper landscaping bond as required by the zoning ordinance be posted. ---- 5 that on Plan II of the Cupola Golf Course the following _ statements be entered: "Quarry Hill Road so-called, shall be fully upgraded to city design and construction standards in the event of: a) additional subdivision, or b) substantial further development" . Iv, 6) that the road be called Quarry Hill and the final designation"" of road, street, boulevard be added. 7) that a pedestrian right-of-way from Horizon Heights to the Quarry Hill oad, so called, be made. 8) that the drafts of the utility easements from Cupola Golf Course and Horizon Heights be reviewed by the City Attorney. 9) that the City Attorney review the documents relating to the private road utility easements.mntrw-st ,. ANp The motion was seconded by Mr. Levesque and passed unanimously. Chairman Wessel noted that he felt that it was premature to make approval on the final plat because so many of the administrative approvals have yet to be given. Public Hearing: Preliminary Plat applications of Burlington Indoor Tennis Center, Inc., and A. Judson Babcock to set off a lot of 35.1 acres, and construct 196 apartment units on said lot, east of Twin Oaks Terrace. "-�7 7 ry 7 r v fL lit 'l i ? PLEX T-26 184'-0" WIDE 42'-0" DEEP (EXC. DECK) 940 SQ. FT. PER UNIT EXCEPT AS NOTED ��rIT;� 2ND FLOOR SAME AS 1STLI II - � .. 1 � . I ,%�. � - lam`►-�.,,,.,�-�---•.. J A 'j - ry yyj • ' y . 77, I 9TOAAGEI •� PLAN ... ,.,;rv•. _� ,r, _:'w:I-,J.'r'i.f�. -j I LP AT10�_ �PAT10 PATIO I VATIO PATIO I PATIO VgT10 PATIO 1 - _ DINING LIVING LIVING DINING OIN_1__NG LIVING 10-6XG'IO• 13-OX17.6 13-OX 17-6' 10.9x610 IO- - 6 I XIING OWING DIN IfJG LIV 1IJG LIVING DINING c l t 6x810 13.0%17• 6 10-6x8-10 10-6x0-q 13.OX17.6 13-0%I7-6-6 10-6X8-10 L PIN , pJ�N I�� SL EEpING C•�� .. II.O'%i5-2 6-0X9-0 8-07(9-p KITCHEN) �L'I f--il ((� ._•, I IOXIS I --Z ��IT,C_NF, NjI 1:1KITCHEN� I r 1 I(Y2XB-O'i-10�%8--0 I%ITf11EN� •r KITCNtN I!•'1 I 1�T. J Ib �1TITf.NE.N I • ixe��I 0 1J71U-27(B-_a. .. 0- ENTRY ENTRY ENTRY 'ENTRI B S -... 6. B EHTRv FNTRr , B B B ( t 1 , l_IV I N G IV iN 0 iLEE.PIhli EEPINO.1 ' I 17-3%13-0 .I 17-3 %13-0 F6•X�"LEEPRIO•I.LEf.PIt/0':".tEEPrta'7ILECPR7Tl ;IfEP)7.0•I �LEFcnIO': '�IEEPiNO': -,t EEPINO-I06x10-0 I6:6-gist- 0-0XIS-O 9-6x1O-9 9-6%10-9 10OXIS--OFEVING'I iLEEPING_;_ _ IOOxlS-0 9.6xp•9 -•�__ ._.--. _ _ .mot Ohl - �'��"�y?'`M,� �;��. �' �..-.�- �.•..�. -- =._.. .` �. �--._._.... _ - ; .fir, . et vc `�':`I'�•� !�- �• s •ems- s+.a _.. _r_� .•a. _ � 3 (' f � �� ... ��.,1✓.-=^--w--e��i�+4• - � � ..`.�. 1IPtf"•'t.+l-11s+..1 /. „''. "•"�� 1 ('.R',�rt1.MlA.: ." I '/��..... �. �_ ` '✓'•'.:I'�4.• ' E�77,� ' v. / r. r 14EMORANDUM TO: SOUTH rURLINGTON PLANNING COWISSION FROM: RICHARD WARD, ZONING ADMINISTRATOR RE: PRE, -HEARING COif'�ENTS - QUARRY KILL CLUE SUBDIVISION DATE: SEPTEMBER 101 1976 Two divisions of land are under considerat_ on. 1) Quarry dill property to be set off into three parcels, 6.F acre parcel, 4.2 acre parcel and a 28 acre parcel. 2) Approximately 11 acres to be developed into apartments. Parcel has no frontage on a public street, entrance is from Spear Street off a private road. Quarry Hill Road so- called. .site conditions: Soils mixed: a) Belgrade & Eldridge soils 3 to F5 slopes. b) Enosburg & Whately soils 0 - 3% slopes. e) Farmington extremely rocky loa-:i - 20 to 60'14slopes. d) Hartland very fine sandy loam - 6 to 12% slopes. e) Vergennes clay - 2 to 6% slopes. Area of East Terrace Extension has ledge out -crops, need additional information such as a test boring in the area proposed for apartments, (however, not at this stage of review.) Zoning of area under consideration is Residential 7, Residential 4 and Conservation -Open Space Districts. Density is computed on 7 units per acre, a portion of this parcel is zoned R4, however, a carport or garage is proposed for that area in quest on, does not aopear to be a problem. 1 - 2 - Recommendations: That all structures be set back the minimum of fifteen (15) feet from the south property line. That Quarry Hill Road be up -graded, and considerat_on be given to deeding it to the City, if additional development occurs on remaining portion of land. Prior to next meeting, test boring should be taken, and a topo map and a more detailed plan should be submitted. �'W�� •` City of South Burlington 1175 WILLISTON ROAD r SOUTH BURLINGTON, VERMONT 05401 TEL. 863-2891 OFFICE OF CITY MANAGER WILLIAM J. SZYMANSKI October 1, 1976 Mr. Curtis W. Carter, Environmental Coordinator District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 Re: Proposed 77 Unit Apt. Complex Property of Cupola Colf Course Inc. Off Spear Street South Burlington, Vermont 05401 Dear Mr. Carter: The water and sewer services for the above referenced project will be connected to the municipal systems. Final design and construction will conform to the city standards. Very truly yours, William J. Szymanski City Manager WJS/h �ctol.'er 16, 197, r. Bruce oughton, Transnortaticn Engineer Chit: n o n County Regional lan,-�inr. Co:::,fission . c Cyr:) :r ... is Irl act of ;o sad "'7 un� t +, artmont "x- ex -)n ,uz:rry .il?. Clubrcerty .)n-:ea.r 'reet ear 3rucr_• : Tho :)'Ou%h 0n '_. :'!a'JI!: L 7'':.::1.:,C °... b'i7:'1 L:i'Lc? t0 jr :, pinion o'-i t:.3 _ 1VC '` i it O1 tiu j _C tti w;? tC, tn'S t i,1��'3 E 1C103:. i�, an i..',. cCi ..s VC i ]C _ I is load On :� :C .: i .,tre t, o s on :;oat the Jughandle. .. re!-.ly Jl,lO_ t0-E.:.7C' vOiit;5iC�it sleeting O i-.JCtob'.I would be most arp reciated. ` Ours truly, 3tep:lCr) : it'jC., w ".0 Manning Assistant The University of Vermont BURLINGTON, VERMONT 05401 �An, 9 October 12, 1976 South Burlington Planning Commission Williston Road South Burlington, Vermont 05401 Re: Quarry Hill Golf Course - Spear Street Dear Commissioners: The University has had an opportunity to review the plans on file for this project in the South Burlington Planning Office, our concerns are threefold: 1. The subdivision plan which we reviewed shows a common boundary on the south side of the project with the north boundary of the University Farm on Spear St. Since the surveyor who prepared the subdivision plan has made no contact with the Land Records Office of the University, we have some concern as to whether this boundary is presented in conformance with the records on file in the University Land Records Office. The University would like to insist that the establish- ment of this common boundary be accomplished by the University in cooperation with the developer. 2. The site plan indicates drainage runoff exiting the property at its south-west corner, which would empty this drainage onto the University Farm. It is our feeling that the developer should be required to restudy the direction of storm runoff, directing it away from the University Farm and into the existing State right of way drainage system. 3. Our third concern is to insure that the developer recognizes that the proposed subdivision is next to the University Farm. This is a working farm, and produces the sounds and odors associated with any normal farming operation. It is important that the developer recognizes these facts and recognizes the An' _G>,r�, s,.� �rs� South Burlington Planning Commission Page 2 difficulties which might arise with future occupants of this property. It must be clearly understood that it is the developer's responsibility to cope with these problems, since the University has no intention of curtailing these farming operations which are essential to teaching, research, and public service mission of the University. Very truly yours, Larr L. Snyder Assistant Director LLS/msn cc: R. 0. Barwin H. G. Abbott Dean Dowe City of South Burlington 1175 WILLISTON ROAD ---- SOUTH BURLINGTON, VERMONT 05401 '`•• ..�' ~ TEL. 863-2891 OFFICE OF CITY MANAGER WILLIAM J. SZYMANSKI To: Planning Commission From: William J. Szymanski, City Manager Re: Quarry Hill Subdivision proposal Date: September 14, 1976 1. Access to the rest of the parcel should be resolved. 2. City has a sewer easement along dirt road. It appears that the planting is on sewer line. 3. Sewer crossing interstate is not where shown. 4. Improvement of approach and sight distance at Spear Street must be considered. Respectfully submitted, .. 00, William J. Szymanski City Manager WJS/h I SOUTH BURLINGTON SCHOOL DISTRICT SOUTH BURLINGTON, VERMONT 05401 FREDERICK H. TUTTLE Superintendent LAWRENCE E. LECOURS Assistant Superintendent Mr. Stephen Page Pta.nni.ng A66-ustant City o 6 South B wcfi.n gton 1175 (UiUi,6ton Road South Burti,ngton, Vermont 05401 Dean S teve, OFFICE: SOUTH BURLINGTON HIGH SCHOOL 550 Dorset Street October 28, 1976 At theit keguta& meeting on October 27, 1976, the South BuAtington Schoot D.Aectwus voted that the proposed HoAi.zon Hei,ghtd apartment project on the DeztamieA pnope&ty witt not pta.ce an u.nreasonab.Le burden on the ab.Ltity o6 th.i6 munici,paeity to provide educational 6evw.Lce6. Because o6 the Board'6 concern 6or appnopA ate pick-up stations which w,c U ensure the 6 a6ety o6 o un 6tudent6 , it is the-iA req u" t that a 6otut i.on which iz agreeab.Ee to both the S choot Ditectou and the City be developed and presented. I art, a copy o6 our tran6pontati.on poticy bor your .i.n6or- mition. Ptea6e note item 04 under the admi.niztrati.ve gui,detina. Thank. you Aor you4 patience. 14 you have any que6tionis or de6.uce addition - at .i.n6ormati.on, pteahe contact ne. Sincerety you us, FnedeAi,ch H . Tutte.e S upe. i.ntendent o j S chootz P4 T: et enc. cc: Mr. Witti,am J. Szymanski, City Manager At. John H. Lucas, Smine6.6 Manager r. Fred Tl:ttle, .guperinten:?ent :jvutli r!urlinc,ton School Der rtment ,Dorset Street South Durlinr,.ton, Vermont 05401 1)ear Fred : Inclosed please find a sketch 1�,.tn and illustration of the r ._.r L :.cnt project .,roposed I cr -portion of the Deslz� , r_*'_er property. PIS ;)rC7,entOdQ the -ro,7ect consists of 7 bulldings contain - inn 77 two bedroom apartments. A� ojected rents ore >240 ;1%75/ r.tc;nth. All units are ?40 sq. ft. The access will ,,robably be Via (3 oriVa:-tc) Sta:( i,`t-t.`:E? is av cre of tlic School 1-foar Is policy of riot routing Sclloolbusus over private Streets. Your co'xilei1ts on the impact of this deVelopi'lent v'rould aid the Coi'.misslon CUry,1J SubC,1V Sion -.-ovi w. `r'cU-'s truly, �.� Manning assistant 1g - Irk 0�� T� LJ Q//� a -w )-" ----- 00.1 1� r _ - r 1+- RE.��z�b SOUTH BURLINGTON SCHOOL DISTRICT SOUTH BURLINGTON, VEMIONT TRANSPORTATION POLICY It is the policy of the South Burlington School District to furnish transportation daily to resident nupi.ls to and from all schools in the district in accordance with approved administrative; guidelines. ^.dministrative Guidelines 1. Transportation will be provided for pupils in grades K-5 whose walking distance from the school they attend exceeds 3/4 mile. 2. Transportation will be nrovided for pupils in grades 6-12 whose walking distance from the school they attend exceeds one mile. 3. Bus routes and schedules, which are reviewed annually, are determined by the Business Manager with the approval of the Superintendent. Prior to -the opening of school, pupils who are to he transported receive an individual bus schedule indicating the hits stop location, the bus number, and the appropriate pick-up 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. He 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 2.3 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 perf ovn such duties." Signed : 4 ��t� -i�. � 1 h ilicy accented: -ugust 11, 1971 ey revised and accented: JG'�23i�/ WILLISTCN M. 1.111SH HOU IMPACT STUDY 'i FE"TS CF HCRIZON HEIGHTS OT' TRAFFIC Williston Ad Rush hour Impact Study Effects or Horizon heights on Traffic Data based on several local apartment complexes and estimates of a desired :rcix of tenants within the projected rental price. 16 Elderly - (30;o don't h;,ve cars) - This leaves 11 elderly thpt cccasion?lly use their cars. `l'riei r imp ict on rush hour traffic would be ir:inimal. 8 General Electric employees - It's assiuied that they would adct to rush hour traffic, but would drive south on Spear; therefore, no irrpnct on Williston Road. 20 Universit,,, u'- medical school staff, including medical resider:ts and interns - Some would cycle, with the rest driving; most would cross Williston .load to East aver 10 Idon-hourly such as salesmen, pilots, technical reps etc. - Fo impact on rush hour traffic. 5 Industry (z business south - Simmons, Shelburne Indiistries, harbor Industries, Grandway, K,Mart, etc. - All would drive south on Spear, resulting- in no impact on Williston ,toad. 5 IBK employees - They would commute on Williston Road and would impact on the traffic. 5 Digital Equipment employees - All would drive at rush hour, Li; t would probably drive south on Spear to Dorset and out Kennedy Drive to avoid dilliston Road Dirita1's entrance will be off the Kennedy Drive traffic sys t ems 8 i.urlington inner-city employees & students:- Minimal impact - These people usually walk, cycle or use public transportation. With the projected tenai_t mix, the impact on Williston Road would be minimal ossiblyT s many as 19's would actually enter Williston .load at rush hour. Example of Local Apartment Complex Eix & Effect on Traffic 26 Two bedroom units - Rt. 7 -Main Street - .-Iinooski, Vt. 7 don't have cars 11 Elderly 4 do - seldom use 2 Youn;- couples - Don't have cars 3 UVM staff - Irregular hours 1 Graduate student - Irregular hours 1 Salesman Irregular flours 8 Workers - Contribute to ruse hour traffic. Five go south towl-rd Eurlinf-ton and three go north to interstate. Conclusion: Out of 26 apartments, 8 units contribute regularly to rush Hour traffic, but go in different directions. Impact on Rt. 7, Nain Street is nil. C Williston Road Page 2 In the unlikely event that all the UVM' and medical people drdve at the same time acid went either towards B-mlington or East Avenue, this would add twenty cars to the intersection. Based on traffic studies, the jughandle can adequately handle this small increase, TQA��'►C STucl� SAT Ocl- So Al,t -- 1 'PM e lWTtrSe-cTko►.1 of Wllllsiom IZc� 9- SpeA� srreeC o (!�UALiVATIVC, c TeAfftc 6W SpeAr dtgesTed ox) wtwi i oo Qd w Mil one. It ff chAuSC — No aatk Up ---- A c�oocl perc-"TAB wcuT Across WiLLLS OJQ To EAS'- flUcuue SvN oc,T' a4 o 11: oo Art — 1 PM 11aT��'SGcTt01J O'� SPeAc ST, 4- QULAcry 1-111) Rowd c Q tI.AN-r'tTaTtu� c 3aL Uacs tc.ssed -- Tmts Nc-Lvcled IloTK Dt2ec�"io�s Tulrts OCT af. a 11 :30 oM — 12:30 o ►NTV-rSet.'TkoW Ot- Speac- 4-- Wtl1t1Tw Q4. o y� eA�s QAssed Tti��, t,�g% v,, t. it odorN L-*+ c WtlItftou , JG go►.'S Luasl— on ui,,Lb S Taw i- IZ RcroSS 'ra CAfT AVe-. CoLWst0N -Por Z3, 2t{ p- 2` csci AT NO -riv►wte. 6urtmq STwred hours W-qs T>ie(,c. 1a-o 13a c_►c v __. m &S R MAtter 4 -rp;cT (JVhAT little -r21kf-�t e— 'f-hAT was cjeu G's4T,e A �o&A, S ,ptA r S,rte.tel LUAs cl IIpers-ed. L, . 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WAS Awl Le T- -�-or A.C>Ther- UStiT" ehAugC- • Ir Whs oi3v10us T"WX-r Tv' f Luc 1)kvjdL-e c.out_c� InrauclUe R co>Js clearable 11--,)cre4St? /N T-aAlt: Auo T"HAT 7-P` ,e 5►.�►A11 Nuoier c)-� cs 9eNcrat-ecl `►3ki -r-�%e. pro poSecl !AComp .e x C 4ort-t-,00 ReLSKTS� C-Oulu e.Asc,� I,c- AbSorbec.l 1 1 I I ay�F�S`r I I I TRAF�►L Srucy — Co V,1T — MONoA�1 Nov 1 76 tArs QASSed -t t+Qu- -ro W it o iTo m Pccl ToTA L 9;4spM -:3o pnq Djrec-TxoU GAr disposed ou w0)ICTou �t�l 2W - op - og 2W — ZP — O(s 2w — lP — la 2W — l P — 013 3W 2 w - op - od 3w - 3P -11g 3W — 2P— lg ow — 1 p— 09 2. W — 2 P— co 3w - 2p -28 2W — ZA— oil 3W- ZP-o6 1 W - op - 16 3W - tip - -za 3W - 3 P - oQ 1w _ oP- 03 sw- 1 p— l I - 2P-0Q ZW — IP— 113 1 W — t p — L7 2 vU --- 1 P - t t3 2W- 2-P -!d Cl V,/ - 3?P- 14 B 5'o°lo 37r iql CArs LOr AT- L1G 14T • I I TQN-K1C STUci I i , 1,ril Nov 1 7 t. ' o � , �U61•�tl�G- CO p C.Lv Slo" o T14e eVe-Uo,3S T2-KC4 1C WAS SlMlLisr- To T� N6o1J T2l���tC GXc�(7T (� 1�c�TAb� clecrepte t1J %Qie vOLUMe �IeAell�,j ToWArc( 13ue.Lk 4STot.j AT No -Time wp s Tkere_ ANy T3Kc-K. -UP A"T' TI-le LtShT-- i i I I I i o T3 S e rz v A'R ON o� - r--F t e I jTe-c- t vi cj S p e a r STr e- rT 7F piw, v c� h is el L t Mom bAl )15oo�J A." fl TEup-w" 6 C Na\ 1 ) Ali 1C- ?N&Se4 ou ov►e.. LtSv%r C1�ANc�L 'T12A lC Loo,.d WA,S SlMtLAr- 'i—o TLq )�,T- Le- �v e� S eT 0U e,cAll COQ C-Lu S MW i T3oTIA SPe-ASTA2eei A+.in 714C- �ugkA.MctI� ArL o?et-HT1;iy We -It UNder TMet'r- cte.SQ C-F PPAtolL1T ie_S ANa C-0ULCl eAsl� Absorb Ti er t " c e W t e, IN "ZY2_A i k 1 L Noce-t,0 �eUe��T�• (Mo No Text headro// It,v. 54/.4 /nv. 24 "R!T-� - r 6' PVC 330.1-- /nv. 3379 9 Inv.. 3419 6' C ! p4' PV/WT I 5, 34t.� 6 "PVC heodwall 340.1 /nv 3373 B "A.0 n o Note. 5 ' Bituminous concrete sidewalk shown along southerly side of road rs to be modified to conform to t/hrs plan per discussion between W ✓ Szytwnski and Horizon h*ights Inc. GRAPHIC SCALE 50 0 50 _ A70 A50 200 beet 348.5 60 'R.O. W LEGEND p Conc. Mon. (0 Nbler Valve O Son M. H $- utility Pole O Hydran I -- - - — ROW Line X Spot e/ev I to I I � I n I I � 348.4 ---- x t 16 I t I I I 550.6 y I I� AS BU/L T OVA RRY HILL R 14D SOUTH BURL/NGTON VERMONT GREEN MOUNTAIN ALEAWN Scf:30 " D V.C.B. SURVEYS SURVEYED BY CHECKED ESSEX JUNCTION G.M.S. M.A.M VERMONT PROJ. NO DATE 77001 /1-22-7 11H0 - U. S. A. NORTHF^ST SUPPLY CORP. i i heodlvoll Inv 24'1� 330. I �v. 3379 -- 1 ?J' I 6" C. I 24, PVMT W 3 338.2 • heodwoo/l 333.2 340.1 _ Inv 3373 8 "A.0 M �e Note: 5 ' Biluminous concrete sidewalk shown along 5oulher/y side of road is to be modified to conform to tnls plan per d/scussion. between W J Szymanski and Horizon 1*19hls Inc. GRAPHIC SCALE i 50 O Inv. 341.4 �. 6" PVC 346.3 � x s�r_3 d Inv.340 6 "PVC 60 'R.O. W 343.3 LEGEND 0 Conc Mon 4 wer valve O Son. M. H. $ Utility Pole O Hydrant -- - — ROW Line X Spot e/ev AS BUIL r QUARRY HILL "D IWTH BURLING7'ON VERMONT GREEN MOUNTAIN SCALE /": SO' DRAWN V.C.B. SURVEYS SURVEYED By CHECKED G.M.S. M.A.Af ESSEX JUNCTION PROD. NO. DATE VERMONT 7700 / //-22-) I East Terrace { 0 W 8' B/r. C044. s/dewv/k 4 Sho_ n000a® P/arglings 6brrler- Ex/sting B" A_ .C. _Water Unecc _ i Existing B" Son. � r R.O. W. Line m ` a hbfe Final grade to match exist/ng grade to be determined V of the time of construct/on. Existing C.B. M. --- - tr So t 0 d0 10 so 11 \ i t 1/t — H- - -- W w M. H. r Existing M. H.? O Q Existing 24 "R. C. P. Storm b f4 ' LANE Existing 8" Water Existing 8 "X 8 " X 8 " Tee y (see de toil A-3) �m N� .�o �� �C Remora- existing pavement \� o' Limit of Construction R.D.W. Line -:P -( E istin iN Heodwo/1 ' - - Existing povemen ZZ `sic \ - + -` _ - _ - - - -- Exis/ing�8 �� San --- 5` Property Line ' � A Heodwiv// S. i t Construct swa/e 20 C+ Flo a x� curb t +so s s -- 326�— --+ -- s S��F1tA[K I I M I I 22, /2 units — — HJ' 3 y F/. Vev. O 62' — 3/7 ®,- „&AA-- sib. , ®s GSA No Text C) heodwoll Inv. 2-->`.� 4 "RC _-- 330.1 33 Inv. 3379 T h 33A.1 } 333•2 f 340.1 heodwall ' s � Inv. 357.3 'j't,�� 8 "A.G M r Note. 5 ` Bituminous concrete sidewalk shown along southerly side of rood is to be modified to conform to this plan per d1scussion between W. d Szymanski and Horizon l*Ights Inc. GRAPHIC SCALE" 50 0 50 ,tom /50 2W feet Inv. 34t.4 6' PVC x _ Inv,34t9 6 "PVC 343.3 3 60 'R.O. W LEGEND Q Conc. Mon. m Wbler solve O Son M. H $ Utility Pole O Hydrant -- -- - — ROW Line Spot elev. I i I I I � � � I 548,4 x 50 I I I I fI i aaae 'y I 1 I� i� J v AS BOIL r OVA RRY N/LL R AD SOUTH BURLINGrON V£RMONr GREEN MOUNTAIN scn / �a DRAWN � = 50 � V.C.B. SURVEYS SURVEYED BY CHECKED ESSEX JUNCTION G.M.S. M.A.A1 VERMONT pROJwNO. Da7E__ , I11- :H U. S. A. NORTHEAST SUPPLY CORP.