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HomeMy WebLinkAboutSD-80-0000 - Supplemental - 0000 Quarry Hill RoadSUNRISE TERRACE DECLARATION OF CONDOMINIUM INDEX ARTICLE I: SUBMISSION TO CONDOMINIUM OWNERSHIP . Page 1 ARTICLE II: DEFINITIONS . . . . . . . . . . . . . Page 2 ARTICLE III: SUBSEQUENT AMENDMENT OF DECLARATION . Page 5 ARTICLE IV: RENTAL OF APARTMENTS . . . . . . . . Page 6 ARTICLE V: APARTMENT BOUNDARIES . . . . . . . . Page 6 ARTICLE VI: DESCRIPTION OF APARTMENTS . . . . . . Page 7 ARTICLE VII: DESCRIPTION OF COMMON AREAS AND FACILITIES AND RESTRICTED COMMON AREAS . . . . . . . . . . . . . . . . Page 7 ARTICLE VIII: VALUE AND PERCENTAGE OF UNDIVIDED INTEREST . . . . . . . . . . . . . . Page 8 ARTICLE IX: MAINTENANCE AND ALTERATION TO APARTMENTS . . . . . . . . . . . . . Page 8 ARTICLE X: MAINTENANCE AND ALTERATION OF COMMON AREAS AND FACILITIES . . . . . Page 10 ARTICLE XI: SUNRISE TERRACE CONDOMINIUM ASSOCIATION, INC. . . . . . . . . . . Page 10 ARTICLE XII: WHEN DAMAGED PROPERTY IS TO BE RECONSTRUCTED OR REPAIRED . . . . . . Page 11 ARTICLE XIII: RESPONSIBILITIES AS TO PAYMENT OF REPAIRS . . . . . . . . . . . . . Page 12 ARTICLE XIV: REGISTERED AGENT . . . . . . . . . . Page 13 ARTICLE XV: USE RESTRICTIONS . . . . . . . . . . Page 13 ARTICLE XIV: INSURANCE . . . . . . . . . . . . . Page 15 ARTICLE XVII: CONDEMNATION . . . . . . . . . . . . . Page 17 ARTICLE XVIII: TERMINATION . . . . . . . . . . . . . Page 19 ARTICLE XIX: SEVERABILITY. . . . . . . . . . . . . Page 21 ARTICLE XX: DECLARATION, A REAL COVENANT. . . . . Page 21 Declaration made this day of , 1980, by GEORGE DEFORGE and NORMAN DEFORGE, GRANTORS, for themselves, their heirs, administrators, assigns and grantees: TDMT(`T LI T Submission to Condominium Ownership The purpose of this Declaration is to submit the exist- ing lands, buildings and improvements herein described, and any included herein by future amendment, to the condominium form of ownership and use in the manner prescribed by 27 V.S.A. §1301 et seq., therein called the "Condominium Ownership Act." Section 1.1. The name of this condominium is "Sunrise Terrace Condominium," and its address is Quarry Hill Road, South Burlington, Vermont. Section 1.2. The lands owned by the Grantors which are hereby submitted to condominium ownership are described as land with a building containing 14 apartment units thereon located on Quarry Hill Road, in the City of South Burlington, Vermont, and as shown on a plan entitled "Sunrise Terrace, Site Plan", a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". Being all and the same lands and premises conveyed to George DeForge and Norman DeForge, by Warranty Deed of , dated and recorded in Volume at Pages of said Land Records. The property is an irregularly shaped parcel of land situated adjacent to and westerly of Quarry Hill Road in the City of South Burlington and being more particularly described as follows: Commencing at a point in the westerly sideline of Quarry Hill Road, so-called, marked by a concrete monument set in the ground; thence proceeding N35 °59'45"E a distance of 646.56 feet to an iron bar set in the ground; thence deflecting to the left and proceeding N33°31'48"W a distance of 84.10 feet to a survey marker; thence deflecting to the left and proceeding N83124'15"W a distance of 213.20 feet to a concrete monument set in the ground; thence deflecting to the left and proceeding S06135145"W a distance of 230 feet to a concrete monument; thence proceeding S06°35'45"W a distance of 134.67 feet to a concrete monument; thence deflecting to the right and proceeding N79°12'32"W a distance of 50.15 feet to a concrete monument; thence deflecting to the left and proceeding S06°35'45"W a distance of 266.60 feet to the point or place of beginning. Said parcel of land contains 2.06 acres and is part of the property shown on a plan of land identified as "Plat of Land of George and Norman DeForge, Quarry Hill Road, South Burlington, Vermont" dated dated June 3, 1980 and recorded in Map Book Page of the City of South Burlington Land Records. The property hereby submitted under this Declaration has the benefit of, and is subject to water line and pipe line rights -of -way and easements and rights incident thereto. utility line rights -of -way and easements and rights incident thereto, and cable television line rights -of -way and easements and rights incident thereto that are presently in existence or that may be required for utility services. Definitions: ARTICLE II As used in this Declaration and accompany- ing Bylaws, Exhibits and Schedules, the following terms shall have the meanings herein defined: Section 2.1. "Grantors": George DeForge and Norman DeForge, the Declarants in this Declaration of Condominium, and the fee title owners of the property set forth in Article I, Section 1.2. Section 2.2. "Apartment: A part of the property intended for residential use by an apartment owner, including one or more room or enclosed spaces located on one or more floors in a building, and with a direct exit to a public street or highway or to a common area with driveways leading to a street or highway. Section 2.3. "Apartment Owner": The person owning an apartment in fee simple absolute or any other estate in real property recognized by law and an undivided interest in the fee simple estate or any other estate in real property 2 recognized by law of the common areas and facilities in the percentage specified and established in this Declaration; and further being a member of the Association by virtue of his ownership as immediately hereinabove described. Section 2.4. "Association": Sunrise Terrace Condo- minium Association, Inc., a nonprofit corporation organized and existing under the laws of the State of Vermont. Section 2.5. "Condominium": The residential devel- opment named Sunrise Terrace Condominium, located on the property, wherein members of the Association have acquired all of the right, title and interest which the Declarant now has in and to the individual apartments and appurtenant interests, with each such apartment owner being entitled to the exclusive ownership and possession of his apartment, and an undivided interest in the common areas and facilities, and membership in the Association pursuant to the Condo- minium Ownership Act. Section 2.6 "Common Areas and Facilities": Unless otherwise provided in this Declaration or lawful amendments thereto, common areas and facilities shall be all the parts of the condominium property not included with the boundaries as described in Article V hereof, including but not limited to: (a) Land on which the buildings are located; (b) Foundations, columns, girders, beams, supports, main walls, roofs, entrances and exits of the building; (c) Yards, gardens and parking areas; (d) Installations of central services such as power, sewer, gas, light, water; (e) Tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; (f) All community facilities as provided for in this 3 Declaration and the exhibits hereto; and (g) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use. be: Section 2.7 "Common Expenses": Common expenses shall (a) All sums lawfully assessed against the apartment owners by the Association; (b) Expenses of administration, maintenance, repair or replacement of the common areas and facilities; (c) Expenses agreed upon as common expenses by the Association; and (d) Expenses declared common expenses by this Declara- tion, the Bylaws or the Condominium Ownership Act. Section 2.8 "Common Profits": The balance of all in- come, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common ex- penses. Section 2.9 "Bylaws": Those of Sunrise Terrace Condo- minium Association, Inc., a copy of which is attached hereto and incorporated herein by reference as Exhibit Section 2.10 "Declaration": This instrument by which the property is made subject to the Condominium Ownership Act and this instrument as it may be amended from time to time. Section 2.11 "Board of Directors": The Board of Directors of Sunrise Terrace Condominium Association, Inc. as it may from time to time be constituted pursuant to the Bylaws or law. Section 2.12 "Person": Person means an individual, corporation, partnership, association, trustee or other legal entity. Section 2.13 "Property": The land, buildings and all improvements or structures thereon all owned in fee simple 4 absolute or any other estate in real property recognized by law and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith which have been or are intended to be made subject to the Condominium Ownership Act by this Declaration. Section 2.14 "Restricted Common Areas": A restricted common area is a portion of the common area allocated for the exclusive use of one or more but fewer than all of the apartments. Exhibits and depict certain areas as restricted common areas, which are allocated for the restricted uses of the respective apartments as follows: the parking space bearing an apartment number shall be appurtenant to and for the exclusive use of the apartment with the same number. Any balcony, patio, greenhouse or entrance adjoining an apartment shall be appurtenant to and for the exclusive use of that apartment. ARTICLE III Subsequent Amendment of Declaration This Declaration may be amended in the following manner: Section 3.1 Until such time as the Grantors, their heirs or assigns, shall have either (a) consummated the sale of all the apartments included in the condominium pursuant to the Declaration, or (b) waived the provisions of this paragraph, whichever occurs sooner, Grantors shall have the right to amend this Declaration at its option provided, however, that the Grantors shall not have the right to alter the undivided interest of each apartment. Section 3.2 Upon the occurrence of either alternative as set forth in Article III, Section 3.1, the Association shall have the right to amend this Declaration by following the same procedures as provided for amendment of the Bylaws of the Association and as set forth in said Bylaws (Exhibit 5 it "), except for an amendment of the percentage of the undivided interest of each apartment, which may only be done with the consent of all the apartment owners expressed in an Amended Declaration. ARTICLE IV Rental of Apartments Any provisions of this Declaration and any amendments thereto, the Articles of Sunrise Terrace Condominium Asso- ciation, Inc., or the Bylaws of Sunrise Terrace Condominium Association, Inc., to the contrary notwithstanding, the apartments subject to this Declaration may be rented by the Grantors until such time as they are sold by the Grantors as condominium apartments pursuant to the Condominium Ownership Act. ARTICLE V Apartment Boundaries Each apartment shall include that part of the building containing the apartment which lies within the boundaries of the apartment, which boundaries shall be determined in the following manner: Section 5.1: The upper and lower boundaries of each apartment shall be the following boundaries extended to an intersection with the vertical (perimetric) boundaries: (a) Upper boundary: The horizontal plane which includes the lower -most or unfinished surface of the plasterboard of the ceiling bounding the apartment on each floor. (b) Lower boundary: The horizontal plane of the top or unfinished surface of the concrete slab on the first floor, and the horizontal plane of the top or unfinsihed surface of the subfloor on the third floor of each apartment. Section 5.2 Vertical (perimetric) Boundaries: The vertical boundaries of each apartment shall be the vertical plane which includes the inner -most or unfinished surface of the plasterboard of all walls bounding the apartment extended to intersections with each other. The apartment does not m include pipes, wire, conduits or other public utility lines running through each apartment space which are utilized for and serve more than one apartment. However, the apartment does include the walls and partitions which are contained within each apartment space, and the pipes, wires, conduits or other public utility lines running through each apartment space which are utilized for and serve only that apartment. ARTICLE VI Description of Apartments The apartments of the condominium are more particularly described as follows: Section 6.1: There is one building consisting of three floors, containing fourteen apartments. Principal materials used in the construction of the buildings are more particu- larly set forth in Exhibit a copy of which is attached hereto and incorporated herein by reference. Section 6.2: The apartment number, its location, approximate area, number of rooms, immediate common area to which it has access and floor plan are designated in Plans entitled " " attached as Exhibit "C" and " attached as Exhibit "D". ARTICLE VII Description of Common Areas and Facilities And Restricted Common Areas The common areas and facilities are all portions of the condominium as shown on Exhibit "A" except for the restricted common areas shown on Exhibit " and ", and except for the apartments themselves, which said common areas are more particularly described in Article II, Section 2.6 and which restricted common areas are described in Article II, Section 2.14 hereinabove set forth. ARTICLE VIII Value and Percentage of Undivided Interest The value of the total property the subject of this Declaration is $ and the value of each individual 7 apartment and its undivided share of the common area and facilities is as follows: Apartment Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Value Percentage of Undivided Share Common profits of the Association shall be owned and/or dis- tributed, and common expenses charged to the apartment owners on the same percentage basis as immediately set forth hereinabove. Nothing in this Declaration shall prohibit the sale of any apartment at a higher or lower price than is specified in this Article. ARTICLE IX Maintenance and Alteration to Apartments The maintenance and alterations of apartments shall be as follows: Section 9.1 The Association shall maintain, repair and replace: (a) All portions of an apartment, except interior surfaces, contributing to the support of the apartment building, which portions shall include but not be limited to the outside walls of the apartment building and all fixtures M. on the exterior thereof, boundary walls of apartment floors and ceiling slabs, and load -bearing columns and load -bearing walls; (b) All conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services which are contained in the portions of an apartment maintained by the Association; and all such facilities contained within an apartment which service part or parts of the condominium other than the apartment within which contained; and (c) All incidental damage caused to an apartment by work authorized by Section 9.1 (a) or (b) shall be properly repaired at the expense of the Association. Section 9.2: The responsibility and negative covenants of the apartment owner shall be: (a) To maintain, repair or replace at his expense all portions of his apartment except the portions to be main- tained, repaired or replaced by the Association. (b) Not to paint or otherwise decorate or change the appearance of any portion of the exterior of the apartment buildings including walls, doors and roofs so called; and (c) To promptly report to the Association any defect or need for repair, the responsibility for which is that of the Association. Section 9.3: Except as elsewhere reserved to the Grantors, neither an apartment owner nor the Association shall make any alteration to or for portions of an apartment or apartment building or remove any portion thereof or make any additions thereto or do anything which would jeopardize the safety or soundness of the apartment building or impair any easement without first obtaining approval in writing of all owners of all apartments in which such work is to be done and the approval of the Board of Directors of the Association. 0 AVrPT('T_W V Maintenance and Alteration of Common Areas and Facilities The maintenance and alteration of common areas and facilities shall be the responsibility and expense of the Association. Section 10.1: There shall be no alteration or further improvements of the real property constituting the common areas and facilities without prior approval in writing by not less than seventy-five percent (75%) of the apartment owners, except as provided by the Bylaws or the Declaration, and any such alteration or improvement shall not interfere with the rights of any apartment owner. Section 10.2: The pro rata cost of authorized alterations or improvements may be assessed against any mortgagee which acquires its title as a result of owning a mortgage upon an apartment and this shall be so whether the title is acquired by deed from the mortgagor or by foreclosure proceedings. The share of any cost not so assessed shall be assessed to the other apartment owners in the proportions which their shares in the common areas and facilities bear to each other. There shall be no change in the shares and rights of an apartment owner in the common areas and facilities which are altered or further improved regardless of whether the apartment owner contributes to the cost thereof. Section 10.3: Except as set forth in Section 10.2, the costs of the maintenance and alteration of common areas and facilities shall be assessed to all apartment owners in the proportions which their shares in the common areas and facilities bear to each other. ARTICLE XI Sunrise Terrace Condominium Association, Inc. The Association operating the condominium shall be organized and shall fulfill its functions as follows: 10 Section 11.1: The members of the Association shall be all the apartment owners. Section 11.2: The Bylaws of the Association are those as incorporated herein as Exhibit ". Section 11.3: Notwithstanding the duty of the Associ- ation to maintain and repair parts of the condominium property, the Association shall not be liable for injury or damage other than the cost of maintenance and repair caused by any latent condition of the property to be maintained and repaired by the Association nor for injury or damage caused by the negligence of owners or other persons. Section 11.4: The share of a member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his apartment. ATTICLE XII When Damaged Property is to be Reconstructed or Repaired Section 12.1: If common areas and facilities are damaged, they shall be reconstructed or repaired, unless it is otherwise determined by the Association that the condo- minium shall be terminated. Section 12.2: If the damage occurs to apartments to which fifty percent (50%) or more of the common elements are appurtenant and the Board of Directors of the Association finds said apartments to be tenantable, the damaged property shall be reconstructed or repaired unless within ninety (90) days after the casualty it is determined pursuant to the Bylaws of the Association, that the condominium shall be terminated. Section 12.3: If the damaged property is one or more of the apartments to which more than fifty percent (50%) of the common areas and facilities are appurtenant and the Board of Directors of the Association finds to be untenantable, lei the damaged property will not be reconstructed or repaired and the condominium will be terminated unless within ninety (90) days after the casualty the Association determines to repair, reconstruct or rebuild them. Section 12.4: Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original building, or if not, then according to plans and specifications approved by the Board of Directors of the Association, and if the damaged property is an apartment building, by the owners of not less than seventy-five percent (750) of the apartment owners, including the owners of all damaged apartments, which approval shall not be unreasonably withheld. ARTICLE XIII Responsibilities as to Payment of Repairs Section 13.1: In the event that damage by fire or other casualty occurs only to those parts of one or more apartments for which the responsibility of maintenance and repair is solely that of the apartment owner, then the apartment owner(s) shall be responsible for the reconstruc- tion and repair of any damage. In all other instances the responsibility of the reconstruction and repair after casualty shall be that of the Association subject to the provisions of Section 13.3. Section 13.2: Immediately after a casualty causing damage to property for which the Association has the respon- sibility of maintenance and repair, the Association shall obtain a reliable and detailed estimate of the cost to rebuild or repair so as to place the damaged property in a condition as good as that before the casualty. Section 13.3. If the proceeds of insurance are in- sufficient to defray the estimated costs of reconstruction and repair by the Association, assessment shall be made 12 against the apartment owners who own the damaged property in sufficient amounts to provide funds to pay the cost of repair to the damaged property, and the assessment shall be made against all apartment owners in the case of damage to common areas and facilities in sufficient amounts to provide funds to pay the estimated costs of reconstruction and repair. Additional assessments may be made at any time during or following completion of construction. Such assess- ments against apartment owners for damage to apartments shall be in proportion to the cost of reconstruction and repair of their respective apartments. Such assessments on account of damage to common areas and facilities shall be in proportion to the owner's share in common facilities and areas. ARTICLE XIV Registered Agent The name and address of the registered agent of Sunrise Terrace Condominium Association, Inc., upon whom service of process may be made is as follows: ARTICLE XV Use Restrictions The use of the property of the condominium shall be in accordance with the following provisions: Section 15.1: Each of the apartments shall be occupied only by owners, their servants, guests and lessees as a residence and for no other purpose. Except as reserved to the Grantors by this Declaration, no apartment may be divided or subdivided into a smaller unit nor any portion thereof sold or otherwise transferred without first amending this Declaration to show the changes in the apartments affected thereby. 13 Section 15.2: The common elements shall be used only for the purposes for which they are intended in the furnishing of services and facilities for the enjoyment of the apartments. Section 15.3: No use or practice shall be permitted upon the condominium property which is the source of annoy- ance to residents or which interferes with the peaceful possession or proper use of the property by its residents. All part of the property shall be kept in a clean and sani- tary condition and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. No apart- ment owner shall permit any use of his apartment or the common areas and facilities which shall increase the rate of insurance upon the condominium property. No immoral, improper, offensive or unlawful use shall be made of the condominium property or any part thereof. All laws, zoning ordinances and regulations of governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental bodies which require main- tenance, modification or repair of the condominium property shall be the same as the responsibility for the maintenance and repair of the property concerned. No individual rooms may be rented on the property, however, an apartment owner may rent the entire apartment for any purpose or use not inconsistent with the Declaration, Articles of Association or Bylaws. Section 15.4: The Association may make such use of any unsold apartments and common areas as may facilitate such completion and sale including but not limited to the main- tenance of a sales office, the showing of the property and display of signs. Section 15.5: Reasonable regulations concerning the use of the condominium property may be made and amended from time to time by the Association in the manner provided by its Articles of Association and Bylaws. Copies of such 14 regulations and amendments thereto shall be furnished by the Association to all apartment owners and residents of the condominium upon request. Section 15.6: Each apartment owner shall be governed by and shall comply with the terms of this Declaration, by the Articles of Association, Bylaws and regulations adopted pursuant thereto, and by such documents and regulations as may be amended from time to time. A default shall entitle the Association or other apartment owners to the relief des- cribed in the succeeding section in addition to the remedies provided by the Condominium Ownership Act. Section 15.7: An apartment owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his negligence or carelessness or by that of any member of his family but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use or misuse, occupancy or abandonment of an apartment or its appurtenances. In any proceeding arising because of alleged default by an apartment owner, the prevailing party should be entitled to recover the costs of the proceeding including reasonable attorneys' fees. ARTICLE XVI Insurance: The Board of Directors shall obtain and maintain at all times insurance of the type and kind and in at least the amount provided in the Bylaws and including insurance for such other risks of a similar or dissimilar nature or as are or shall hereafter customarily be covered with respect to other condominium properties similar in con- struction, design and use subject to the following provi- sions: Section 16.1: Exclusive authority to adjust losses under policies hereafter in force on the property shall be 15 vested in the Board of Directors as insurance trustee or its authorized representative. Section 16.2: In no event shall the insurance coverage obtained and maintained by the Board of Directors hereunder be brought into contribution with insurance purchased by individual owners or their mortgagees. Section 16.3: Each owner may obtain additional insur- ance at his own expense provided, however, that no owner shall be entitled to exercise his right to maintain the insurance coverage in such a way as to increase the amount which the Board of Directors on behalf of all the owners may realize under any insurance policy which the Board of Directors may have in force on the property at any particular time. Section 16.4: Each owner shall be required to notify the Board of Directors of and shall be liable for any in- creased insurance premium for insurance maintained by the Board of Directors occasioned by all improvements made by the owner to his unit the value of which is in excess of $1,000.00; each owner shall bear the risk of loss for all improvements made to his unit which were not brought to the attention of the Board of Directors and were therefore not taken into consideration by the Board of Directors in obtaining the insurance referred to in this paragraph. Section 16.5: Any owner who obtains individual insur- ance policies covering any portion of the property other than personal property belonging to such owner shall be required to file a copy of such individual policy or policies with the Board of Directors within thirty (30) days after purchase of such insurance. Section 16.6: The Board of Directors shall be required to make every effort to secure insurance policies that will provide the following: (a) A waiver of subrogation by the insurer as to any claims against the Board of Directors, the manager, the 16 owners and their respective servants, agents, and guests; (b) That the master policy on the property cannot be cancelled, invalidated or suspended on account of the conduct of any one or more individual owners; (c) That the master policy on the property cannot be cancelled, invalidated or suspended on account of the con- duct of any officer or employee of the Board of Directors or manager without prior demand in writing that the Board of Directors or manager cure the defect; and (d) That any "no other insurance" clause in the master policy excludes individual owners' policies from con- sideration. ARTICLE XVII Condemnation Section 17.1: Partial taking without direct effect on apartments; If part of the condominium shall be taken or condemned by any authority having the power of eminent domain, and no apartment or part thereof is taken, all compensation in damages for and on account of the taking of the common areas shall be payable to the Association as trustee for all apartment owners and mortgagees according to law and in proportion to their respective interests in such common areas. The Association acting through the Board of Directors shall have the right to act on behalf of the apartment owners with respect to the taking and compensation affecting the common areas without limitation on the right of the apartment owners to represent their own interests. Such proceeds shall be paid to the Association and shall be used promptly to the extent necessary for restoring or re- placing improvements so taken on the remaining property in as substantial compliance to the original plan of the improve- ments as possible. In the event there is an award in excess of the amount necessary to so substantially restore the common areas, it shall be distributed by the Association to 17 the apartment owners in proportion to their share of owner- ship in the common areas and facilities. Nothing herein is to prevent apartment owners whose apartments are specially affected by the taking or condemnation from joining in the condemnation proceeding and petitioning on their own behalf for consequential damages relating to loss of value of the effective units or personal improvements therein, exclusive of damages relating to common areas and facilities. In the event that the condemnation award does not allocate consequen- tial damages to specific apartments but includes an award for reduction of value of the unit without such allocation, the award shall be divided between affected apartment owners and the common area damages, as the interests may appear, by arbitration in accordance with the rules of the American Arbitration Association. Section 17.2: Partial or total taking directly affect- ing units: If part or all of the condominium shall be taken or condemned by an authority having the power of eminent domain and an apartment or a part thereof is taken, the Association shall have the right to act on behalf of the apartment owners with respect to common areas as in Section 17.1 of this Article and the proceeds shall be payable as outlined therein. The apartment owners directly affected by such taking shall represent and negotiate themselves with respect to the damages affecting their respective apartment. The award so made shall be distributed through the Asso- ciation first to restore the apartments and improvements on the remaining common areas, to the extent possible, attempting to rebuild buildings containing new apartments of the same number, size and basic plan as the apartments taken, with any excess award distributed as in Section 17.1 of this Article. In the event that the Board of Directors determines that such taking so removes land and buildings containing apartments that they cannot effectively be restored or replaced substantially in compliance with the building plans, and unless seventy-five percent (75%) of the apart- ments vote to accept an alternative plan, then the Asso- ciation shall submit the issue to arbitration in accordance with the rules of the American Arbitration Association for reformation of these documents with respect to the continued existence or reform of the condominium, the division of the award as to the taken and remaining apartments, and such other remedies as law will allow and equity requires. ARTICLE XVIII Termination The condominium may be terminated in the following manner in addition to the manner provided by the Uniform Condominium Act: Section 18.1: In the event that it is determined that an apartment building shall not be reconstructed because of major damage, the condominium plan of ownership will be thereby terminated without agreement. Section 18.2: The condominium may be terminated at any time by the approval in writing of all the owners of the condominium and by all record owners of liens or mortgages thereon. If the proposed termination is submitted to a meeting of the members of the Association, the notice of which meeting gives notice of a proposed termination, and if the approval of the owners of not less than seventy-five percent (75%) of the apartments and common areas and facilities, and of the record owners of mortgages and liens upon the same seventy-five percent (75%) of the apartments and common areas and facilities are obtained not later than thirty (30) days from the date of such meeting, then the approving owners shall have an option to buy all of the apartments of the other owners during the period ending on the sixtieth day from the date of such meeting. 19 Section 18.3: The option described in Section 18.2 of this Article shall be exercised by delivery or mailing by certified mail, return receipt requested, to each of the record owners of the apartments to be purchased of an offer to purchase signed by the record owners of the apartments who will participate in the purchase. Such offer shall indicate which apartments will be purchased by each partic- ipating owner and shall offer to purchase all of the apart- ments owned by owners not approving the termination, but the offer shall effect a separate contract between each seller and his purchaser. Section 18.4: The sale price for each apartment shall be the fair market value determined by agreement between the seller and purchaser within thirty (30) days from the delivery or mailing of such offer, and in the absence of agreement by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbi- trators shall be two appraisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the apartment; and a judgment of specific performance of the sale upon the award rendered by the Arbitrators may be entered in any court of competent jurisdiction. The expense of the arbitration shall be paid by the purchaser. The purchase price shall be paid in cash, and the sale shall be closed within ten (10) days following the determination of the sale price. Section 18.5: After termination of the condominium, the apartment owners shall own the condominium property and all assets of the Association as tenants in common in undivided shares, and their respective mortgagees and lienors shall have mortgages and liens upon the respective undivided shares of the apartment owners. Such undivided shares of the apartment owners shall be the same as the undivided 20 shares in the common elements appurtenant to the owners' apartments prior to the termination. Section 18.6: The termination of the condominium shall be evidenced by a certificate of the Association executed by the President and Secretary certifying as to the facts effecting the termination which certificates shall become effective upon being recorded in the City Clerk's Office of the City of South Burlington, Vermont. ARTICLE XIX Severability The invalidity in whole or in part of any covenant or restriction of any section, subsection, sentence, clause, phrase or word or other provision of this Declaration and the Articles of Association, Bylaws and regulations of the Association shall not effect the validity of the remaining portions thereof. ARTICLE XX Declaration, a Real Covenant The covenants and restrictions of this Declaration are covenants real and shall run and bind the land and shall inure to the benefit of and be enforceable by the apartment owners acting through the Association, their respective legal representatives, heirs, successors and assigns. The property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, charges and liens and subject to such rights of amendment and termination herein set forth. IN WITNESS WHEREOF, the Declarant has hereunto caused this Declaration to be executed by its duly authorized officer this day of 1980. In the presence of: George DeForge 21 Norman DeForge STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington in said County and State this day of , 1980, personally appeared, GEORGE DeFORGE and NORMAN DeFORGE, and they acknowledged the within instrument, by them signed, to be their free act and deed. Before me, Notary Public 22 - BYLAWS OF SUNRISE TERRACE CONDOMINIUM ASSOCIATION, INC. INDEX ARTICLE I: INDENTITY, DEFINITIONS AND APPLICATIONS 1 ARTICLE II: MEMBERS . . . . . . . . . . . . . . . . . . 2 ARTICLE III: INITIAL BOARD OF DIRECTORS. . . . . . . . . 4 ARTICLE IV: BOARD OF DIRECTORS . . . . . . . . . . . . . 4 ARTICLE V: OFFICERS . . . . . . . . . . . . . . . . . 10 ARTICLE VI: MAINTENANCE, REPAIR AND REPLACEMENT OF COMMON AREAS AND FACILITIES. . . . . . . 11 ARTICLE VII: COMMON EXPENSES . . . . . . . . . . . . . . 12 ARTICLE VIII: ABATEMENT AND ENJOINMENT OF VIOLATIONS BY APARTMENT OWNERS . . . . . . . . . . . . 16 ARTICLE IX: MANAGER . . . . . . . . . . . . . . . . . . 16 ARTICLE X: SPECIAL COMMITTEES . . . . . . . . . . . . . 17 ARTICLE XI: ADMINISTRATIVE RULES AND REGULATIONS. . . . 17 ARTICLE XII: AUDIT . . . . . . . . . . . . . . . . . . . 17 ARTICLE XIII: AMENDMENT OF BYLAWS . . . . . . . . . . . . 18 ARTJC.LL YIN: INTERPRETATION . . . . . . . . . . . . . . . 18 ARTICLE XV: SEVERABILITY. . . . . . . . . . . . . . . . 18 ARTICLE XVI : CAPTIONS . . . . . . . . . . . . . . . . . . 18 ARTICLE XVII: EFFECTIVE DATE . . . . . . . . . . . . . . . 18 ARTICLE XVIII: COVENANTS AND RESTRICTIONS AS TO USE AND OCCUPANCY . . . . . . . . . . . . . 18 BYLAWS OF SUNRISE TERRACE CONDOMINIUM ASSOCIATION, INC. T DT T f'T V T Identity, Definitions and Application Section 1.1. Identity. These are the Bylaws of Sunrise Terrace Condominium Association, Inc., a nonprofit corporation formed under the laws of the State of Vermont. The Association has been organized for the purpose of administering a condo- minium pursuant to Chapter 15 of Title 27, Vermont Statutes Annotated, herein called The Condominium Act, which condominium is identified by the name Sunrise Terrace Condominium and is located at Quarry Hill Road, South Burlington, Vermont. Section 1.2. Definitions. (a) The term "Grantors" as used herein shall mean George DeForge and Norman DeForge. (b) The term "Association" as used herein shall mean Sunrise Terrace Condominium Association, Inc. (c) The Term "Act" as used herein shall mean The Condominium Ownership Act as set out in Chapter 15 of Title 12, Vermont Statutes Annotated. Section 1.3. Application. All present and future owners, mortgagees, lessees and occupants of units and their employees, and any other persons who may use the facilities of the property in any manner are subject to the Declaration, these Bylaws and Rules and Regulations made pursuant hereto and any amendment to said documents. The acceptance of a deed or the entering into of a lease or the act of occupancy of a unit shall constitute an agreement that these Bylaws (and any Rules and Regulations made pursuant hereto) and the provisions of the Declaration, as they may be amended from time to time, are accepted, ratified and will be complied with. ARTICLE II Members Section 2.1. Initial Members. The initial members of the Association shall be George DeForge and Norman DeForge and they shall be deemed to be the membership until such time as all of the apartments have been sold or until George DeForge and Norman DeForge shall, in writing, relinquish its control of the Association. Thereafter the membership of the Association shall consist of all record owners of apartments. Section 2.2. Membership. (a) Membership in the Association shall be established by the recording in the Land Records of the City of South Burlington, Vermont, of a deed establishing record title to an apartment in the Condominium (and the delivery to the Association of a certified copy of such deed), the owner designated by such deed thereby becoming a member of the Association. The membership of the prior owner based upon ownership of the specific apartment shall be thereby terminated. (b) The share of a member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his apartment. Section 2.3. Voting Rights. There shall be one person with respect to each Apartment Ownership who shall be entitled to vote at any meeting of the Apartment Owners. Such person shall be known as a "Voting Member". Such Voting Member may be the Owner or one of the group composed of all Owners of an Apartment Ownership, or may be some person designated by such Owner or Owners to act as proxy on his or their behalf and who need not be an Owner. Such designation shall be made in writing to the Board and shall be revocable at any time by written notice to the Board by the Owner or Owners. 2 Any or all such Owner or Owners may be present at any meeting of the Voting Members but only a Voting Member may vote or take any other action either in person or by proxy. The total number of votes of all Voting Members shall be fourteen (14), and each Owner or group of Owners shall be entitled to one (1) vote. Section 2.4. Members' Meetings. (a) Initial Meeting. The initial meeting of the members of the Association as described in Article II, Section 2.1 of the Bylaws shall not take place until all of the apartments have been sold by George DeForge and Norman DeForge, or until they shall relinquish, in writing, their control of the condominium to the Association. (b) Quorum. The presence in person or by proxy at any meeting of the Association of Owners of fifty percent (50%) of Owners in response to notice of all Owners of record properly given shall constitute a quorum. Unless otherwise expressly provided in the Declaration, any action may be taken at any meeting of the Association of Owfiers upon the affirmative vote of a majority of the voting power of the Owners present and voting. If any meeting of the Voting Members cannot be held because a quorum has not attended, a majority of the Voting Members who are present at such meeting, either in person or by proxy, may adjourn the meeting from time to time for a period not exceeding seven (7) days in any one case. (c) Annual Meeting. There shall be a meeting of the Association of Owners during the month of of each year commencing in , at such convenient place in Chittenden County, Vermont, as may be designated by written notice of the Board of Directors mailed or personally delivered to the Owners not less than fifteen (15) days prior to the date fixed for said meeting. (d) Special Meetings. Special meetings of the Owners 3 may be called at any time for the purpose of considering matters which by the terms of the Declaration require the approval of all or some of the Owners or for any other reasonable purpose. Said meetings shall be called by written notice, signed by the President or a majority of the Board of Directors, or by the Owners having one-third (1/3) of the total votes and delivered not less than fifteen (.15) days prior to the date fixed for said meeting, and the matters to be considered. Such special meetings shall be held within Chittenden County, Vermont. (e) Parliamentary Rule. Robert's Rules of Order (latest edition) shall govern the conduct of Association meetings when not in conflict with the Declaration or these Bylaws. ARTICLE III Initial Board of Directors Section 3.1. The initial Board of Directors shall be composed of those persons specified in Article IV of the Articles of Association and shall hold office until all of the apartments have been sold by George and Norman DeForge or until such time as said initial Board of Directors, in writing, shall relinquish control to the Association, and thereafter the provisions of Article IV of these Bylaws shall control. Section 3.2. Vacancies in the initial Board of Directors shall be filled by the remaining directors. ARTICLE IV Board of Directors The affairs of the Association of Owners shall be con- ducted by a board of three (3) directors. Section 4.1. Election. At each annual meeting the Owners shall elect a member of the Board of Directors for the forthcoming year as provided in Section 4.2. At least thirty (30) days prior to any annual meeting, the Board of Directors shall elect from the Owners a Nominating Committee AN of not less than two (2) members, and such Nominating Committee shall recommend to the membership one nominee for each position on the Board of Directors to be filled at that particular annual meeting. Nominations for the Board of Directors may also be made from the floor at the annual meeting. Members of the Board of Directors shall be required to be Unit Owners. Election to the Board of Directors shall be by written ballot and each Voting Member shall be entitled to one (1) vote for each vacancy on the Board. Section 4.2. Term. Members of the Board of Directors shall serve for a term of three (3) years; provided, however, that initially one of the members of the first Board of Directors elected shall serve for a one (1) year term, another member of the first Board elected shall serve for a two (2) year term, and the remaining member of the first Board elected shall serve for a three (3) year term. At the expiration of the term of each initial director, his successors shall serve for a three (3) year term and thereafter the term of one-third (.1/3) of the directors shall expire annually. The members of the Board of Directors shall serve until their respective terms expire and their successors are elected, or until their death, resignation or removal. Section 4.3. Resignation and Removal. Any member of the Board of Directors may resign at any time by giving written notice to the President or other Board Members. Any Director may be removed from membership on the Board of Directors by an affirmative vote of Owners having two- thirds(2/3) of the vote at a special meeting called for that purpose. Whenever there shall occur a vacancy on the Board of Directors due to death, resignation, removal or any other cause, the remaining Directors shall elect a successor Director to serve until the next annual meeting of the Association of Owners at which time said vacancy shall be filled for the unexpired term by vote of the Owners. 5 Section 4.4. Compensation. Directors shall not receive compensation for their services unless so voted by the membership. Section 4.5. Administrative Rules and Regulations. The Board, at the direction of the Voting Members having two-thirds (2/3) of the total votes, may adopt or amend such reasonable administrative rules and regulations as it may deem advisable for the maintenance, conservation and beautification of the condominium, and for the health, comfort, safety and general welfare of the Owners and occupants of the condominium. Written notice of such administrative rules and regulations shall be given to all Owners and the entire condominium shall at all times be maintained subject to such administrative rules and regulations. Section 4.6. Powers and Authoritv of the Board of Directors. The Board of Directors in their discretion, for the benefit of the condominium and the Owners, shall enforce the provisions of the Declaration, Bylaws and any administrative Rules and Regulations governing the property and shall acquire and shall pay out of the common expense fund hereinafter pro- vided for the following: (a) Utilities. Water, sewer, garbage collection, electrical, telephone and gas and other necessary utility services for the common areas and facilities (and to the extent not separately metered or charged, for the units and restricted common areas. (b) Casualty Insurance. A policy or policies of fire insurance as the same are more fully set forth in the Declaration, with extended coverage endorsements, for the full insurable replacement value of the units and common areas and facilities and limited common areas and facilities (such limits and coverage to be reviewed at least annually by the Board of Directors and increased in its discretion) 2 payable as provided in the Declaration, or such other fire and casualty insurance as the Board of Directors shall determine gives substantially equal or greater protection to the Owners and their mortgagees as their respective interests may appear, which said policy or policies shall provide for a separate loss payable endorsement in favor of the mortgagee or mortgagees of each condominium, if any. Provisions for such insurance shall be without prejudice to the right of each Apartment Owner to insure his own apartment for his benefit. (c) Liability Insurance. A policy or policies as the same are more fully set forth in the Declaration insuring the Board of Directors, the Owners and the Manager, if any, against any liability to the public or to the Owners of units and of the common and limited common areas and facilities, and their invitees, or tenants, incident to the ownership and/or use of the property, and including the personal liability exposure of the Owners, incident to the ownership and/or use of the property in such limits as the Board of Directors shall deem desirable. Said policy or policies shall be issued on a comprehensive liability basis and shall provide cross liability endorsement wherein the rights of named insured under the policy or policies shall not be prejudiced as respects his, her or their action against another named insured. (d) Workmen's Compensation. Workmen's Compensation insurance to the extent necessary to comply with any applicable laws. (e) Management. The services of a person or firm to manage its affiars (herein called "The Manager") to the extent deemed advisable by the Board of Directors as well as such other personnel as the Board of Directors shall determine shall be necessary or proper for the operation of the common areas and facilities, whether such personnel are employed rA directly by the Board of Directors or are furnished by the Manager. (f) Legal and Accounting Services. Legal and accounting services necessary or proper in the operation of the common areas and facilities or the enforcement of the Declaration. (g) Bond. An adequate fidelity bond naming the Board of Directors and the Manager, if any, and such other persons as may be designated by the Board of Directors as principals and the Owners as obligees. (h) Maintenance. The cost of painting, maintaining, repairing and landscaping the common areas and facilities and such furnishings and equipment for the common areas and facilities as the Board of Directors shall determine are necessary and proper, and the Board of Directors shall have the exclusive right and duty to acquire the same for the common areas and facilities; provided, however, that the interior surfaces of each unit shall be painted, maintained and repaired by the Owners thereof, all such maintenance to be at the sole cost and expense of that particular owner. (i) Assessments. Any other materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board of Directors is required to secure or pay for pursuant to the terms of the Declaration or Bylaws or which in its opinion shall be necessary or proper for the operation of the common areas and facilities or for the enforcement of the Declaration, provided that if any such materials, supplies, labor, ser- vices, maintenance, repairs, structural alterations, insurance, taxes or assessments are provided for particular units, the cost thereof shall be specially assessed to the Owners of such units. (j) Special Assessments. Maintenance and repair of any unit, if such maintenance or repair is reasonably neces- sary in the discretion of the Board of Directors to protect M. the common areas and facilities or preserve the appearance and/or value of the property, and the Owner or Owners of said units have failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair has been delivered by the Board of Directors to said Owner or Owners, provided that the Board of Directors shall levy a special assessment against the condominium of such Owner or Owners for the cost of said maintenance or repair. Section 4.7. Meetings of the Board of Directors. Two (2) members of the Board of Directors shall constitute a quorum, and if a quorum is present, the decision of a majority of those present shall be the act of the Board.of Directors. The Board of Directors shall annually elect all of the officers of the Association of Owners as set forth in Article V of these Bylaws. The annual meeting for the Board of Directors to be called immediately following the annual meeting of the Association of Owners. Section 4.8. Special Meetings. Special meetings of the Board of Directors may be called by or with the request of the President or by any two Board Members. Such meetings shall be held within the State of Vermont. Section 4.9. Notice of Meetings. Regular meetings of the Board of Directors may be held without notice. The person or persons calling a special meeting of Directors shall, at least ten (10) days before the meeting, give notice thereof by any usual means of communication. Such notice need not specify the purpose for which the meeting is called; however, if an agenda is prepared for such a meeting, the meeting need not be restricted to discussions of those items listed on the agenda. Section 4.10. Waiver of Notice. Any member of the Board of Directors may, at any time, waive notice of any 9 meeting of the Board of Directors in writing, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at a meeting shall con- stitute a waiver of notice of such meeting except where a Director attends the meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called. If all the members of the Board of Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 4.11. Indemnification. Every director of the Association shall be indemnified by the Association against all expenses and liabilities, including counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been a Director of the Association, or any settlement thereof, whether or not he is a Director at the time such expenses are incurred, except in such cases wherein the Director is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties ;provided that in the event of a settlement the indemnification herein shall apply only when the Board of Directors approve such settlement and reimbursement as being for the best interest of the Association. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such Director may be entitled. ADmrrr.V 17 Officers Section 5.1. The officers of the Association of Owners shall be a President, Vice President, Secretary and Treasurer. The offices of Secretary and Treasurer may, by vote of the Board of Directors, be combined as one office. All officers, after the initial sale of all units, shall be 10 owners of condominium units in the project and the President must be a member of the Board of Directors. No officer shall receive compensation for serving as such unless voted by the members. Officers shall be annually elected by, and may be removed and replaced by, the Board of Directors. The Board of Directors may in its discretion require that officers be subject to fidelity bond coverage in favor of the Association of Owners. Section 5.2. President. The President shall preside at all meetings of Owners and of the Board of Directors and may exercise the powers ordinarily allocated to the presiding officer of an Association, including the appointment of committees. Section 5.3. Vice President. The Vice President shall perform the functions of the President in the absence or inability of the President. Section 5.4. Secretary. The Secretary shall keep minutes of all proceedings of the Board of Directors and of the meetings of the Association of Owners and shall keep such books and records as may be necessary and appropriate for the records of the Association and its Board of Directors. Section 5.5. Treasurer. The Treasurer shall be responsible for the fiscal affairs of the Association, but may delegate the daily handling of income and expense payments to the authorized Manager, if any, employed by the Association. ARTICLE VI Maintenance, Repair and Replacement of Common Areas and Facilities Section 6.1. It shall be the responsibility of the Board of Directors to determine questions relating to the maintenance, repair and replacement of all common areas and facilities. There shall be no structural alterations, capital additions to, or capital improvements of the common areas and facilities requiring an expenditure in excess of 11 Five Thousand Dollars ($5,000) without sixty (60) days prior notice to all Owners. Unless within the aforementioned sixty (60) day period, Owners holding the majority of the total votes of the Association of Owners shall give notice of disapproval of such structural alterations, capital additions to, or capital improvements of the common areas and facilities, the Owners shall be deemed to have approved the same. ARTICLE VII Common Expenses Section 7.1. Assessments. (a) Within fifteen (15) days prior to the annual meeting, the Board of Directors shall estimate the net charges to be paid during the following year (including a reasonable provision for contingencies and replacements and less any expected income and any surplus from the prior year's operation). Said "estimated cash requirement" shall be approved at the annual meeting of the Board of Directors and assessed to the Owners pursuant to the percentages set forth in the Declaration. George and Norman DeForge will be liable for the amount of any assessment against completed units owned by George and Norman DeForge. (b) If the estimated cash requirement proves inadequate for any reason, including nonpayment of any Owner's assess- ment, the Board of Directors may at any time levy a further assessment, which shall be assessed to the Owners in like proportion unless otherwise provided herein. If the estimated cash requirement proves excessive, the Board of Directors shall cause such excessive amount to be returned to the Owner in the proper proportions. Each Owner shall be obligated to pay assessments made pursuant to this Article VII to the Board of Directors in equal monthly installments on or before the first day of each month during such year, or in such other reasonable manner as the Board of Directors shall 12 designate. (c) The Common Expense Fund may also include such amounts as the Board of Directors may deem proper for general working capital, for a general operating reserve, for a re- serve fund for replacements and major maintenance and to make up for any deficit in the common expenses for any prior year. (d) The rights, duties and functions of the Board of Directors set forth in this Article VII shall be exercised by the Associates for the period ending thirty (30) days after the election of the first Board of Directors hereunder. (e) All funds collected hereunder shall be expended for the purposes designated herein. (f) The omission by the Board of Directors before the expiration of any year to fix the assessments hereunder for that or the next year shall not be deemed a waiver or modi- fication in any respect of the provisions of the Declaration and Bylaws or a release of the Owners from the obligation to pay the assessments, or any installment thereof for that or any subsequent year, but the assessment fixed for the preceeding year shall continue until a new assessment is fixed. No Owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his unit. (.g) The Manager or Board of Directors shall keep detailed, accurate records of the receipts and expenditures affecting the common areas and facilities specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. The records shall be available for examination by Owners or their duly authorized representative at convenient hours of week days. Section 7.2. Default in Payment of Assessments. 13 (a) Each monthly assessment and each special assess- ment shall be separate, distinct and personal debts and obligations of the Owner against whom the same are assessed at the time the assessment is made and shall be collectible as such. The Board of Directors shall have the right to impose a reasonable late charge for nonpayment of common expense payments within fifteen (15) days of the date such payments become due. Suit to recover a money judgment for unpaid common expenses shall be maintained without fore- closing or waiving the lien securing the same. The amount of any assessment, whether regular or special, assessed to the Owner of any condominium plus interest at eight and one- half percent (8 %) per annum, and costs, including reason- able attorneys' fees, shall become a lien upon such condo- minium upon such recordation of a notice of assessment by the Board of Directors. The said lien for nonpayment of common expenses shall have priority over all other liens and encumbrances, recorded or unrecorded, except only: (1) Tax and special assessment liens on the condominium in favor of any governmental assessing unit and special district, and (2) All sums unpaid on mortgages of record on the condominium unit. (b) A certificate executed and acknowledged by a majority of the Board of Directors stating the indebtedness secured by the lien upon any condominium created hereunder, shall be conclusive upon the Board of Directors and the Owners as to the amount of such indebtedness on the date of the certificate in favor of all persons who rely thereon in good faith, and such certificate shall be furnished to any Owner or encumbrancer or prospective encumbrancer of a condominium upon request at a reasonable fee. Any encumbrancer holding a lien on'a condominium may pay unpaid common expenses payable with respect to such condominium and upon such 14 payment such encumbrancer shall have a lien on such condo- minium for the amounts paid of the same rank as the lien of his encumbrance. (c) Upon payment of a delinquent assessment concerning which such a certificate has been so recorded, or other satisfaction thereof, the Board of Directors shall cause to be recorded in the same manner as the certificate of indebtedness a further certificate stating the satisfaction and the release of the lien thereof. (d) The lien above defined may be foreclosed by suit by the Board of Directors, acting on behalf of the Apartment Owners, in like manner as a mortgagee on real property. In any foreclosure the Apartment Owner shall pay a reasonable rental for the apartment and the Plaintiff shall be entitled to the appointment of a receiver to collect it. The Board of Directors, acting on behalf of the Apartment Owners may bid in the apartment at foreclosure sale, and acquire and hold, lease, mortgage and convey the same. (e) The unpaid share of common expenses or assessments shall be considered common expenses collectible from all of the Apartment Owners including the acquirer, his successors and assigns. (f) In a voluntary conveyance the grantee of an apart- ment shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of the grant or con- veyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the Board of Directors setting forth the amount of the unpaid assessments against the grantor and the grantee shall not be liable for, nor shall the apartment conveyed be subject to a lien for, any unpaid assessment against the grantor in excess of the amount therein set forth. 15 ARTICLE VIII Abatement and Enjoinment of Violations by Apartment Owners Section 8.1. The violation of any administrative rules or regulations adopted by the Board or the breach of any Bylaw contained herein, or the breach of any provision of the Declaration shall give the Board the right, in addition to any other rights set forth in these Bylaws, to do the following: (a) To enter the unit in which or as to which such violation or breach exists, or allegedly exists, and to sum- marily abate and remove, at the expense of the defaulting unit owner, any structure, thing or condition that may exist therein contrary to the intent and meaning of the provisions hereof, and the Board shall not thereby be deemed guilty in any manner of trespass or other allegation or action at law or in equity; or (b) To take possession, and after notice to the owner, or owners, dispose of by any method, any item found or located in any common area contrary to the intent and meanings of the provisions hereof, and the Board shall not be deemed guilty in any manner of conversion or any other allegation or action at law or in equity. (c) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach. ARTICLE IX Manager The Board of Directors may delegate any of its duties, powers or functions, including but not limited to, the authority to give the certificate provided for in Article VII hereof to any person or firm hired to act as Manager of the project, provided that any such delegation shall be revocable upon notice by the Board of Directors. 16 nRmrrT.F x Special Committees The Board of Directors by resolution may designate one or more special committees, each committee to consist of two (2) or more Owners, which, to the extent provided in said resolution, shall have and may exercise the powers set forth in said resolution. Such Special Committee or Committees shall have such name or names as may be determined from time to time by the Board of Directors. Such Special Committee or Committees designated shall be appointed by the Board of Directors. The Board of Directors may appoint Owners to fill vacancies on each of said Special Committees occasioned by death, resignation, removal or inability to act for any extended period of time. ARTICLE XI Administrative Rules and Regulations The initial Board of Directors shall have the right to adopt and amend administrative rules, regulations, restric- tions and requirements governing the details of the operation, use and maintenance of apartments and the common areas and facilities until such time as all the apartments have been sold by the Associates, or until such time as the initial Board of Directors shall grant, in writing, its control of the condominium to the members of the Association, and thereafter such administrative rules and regulations shall be promulgated pursuant to Article IV of these Bylaws. ARTICLE XII Audit Any Owner may at any time at his own expense cause an audit or inspection to be made of the books and records of the Manager, if any, or the Board of Directors relating to the operation of the condominium. The Board of Directors, as a common expense, shall obtain an annual audit of all books and records pertaining to the property and furnish 17 copies thereof to the Owners. ARTICLE XIII Amendments of Bylaws These Bylaws may be amended by an instrument in writing signed and acknowledged by the record owners holding fifty- one percent (510) of the total vote hereunder, which amend- ment shall be effective upon recording. ARTICLE XIV Interpretation The provisions of these Bylaws shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of a condominium property. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provisions or any other provision hereof. ARTICLE XV Severability The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or un- enforceability of any one provision or portion hereof shall not affect the validity or unenforceability of any other provision hereof. ARTICLE XVI Captions The captions herein are inserted only as a matter of convenience and for reference and in no way to define, limit or describe the scope of these Bylaws nor the intent of any provision hereof. ARTICLE XVII Effective Date These Bylaws shall take effect upon recording. ARTICLE XVIII Covenants and Restrictions as to Use and Occupancy The apartments and common elements shall be occupied W. and used as follows: Section 18.1. Purpose of Property. No part of the property shall be used for other than housing and the related common purposes for which the property was designated. Each apartment or any two or more adjoining apartments used together shall be used as a residence for a single family or such other uses permitted by the Declaration and for no other purpose. That part of the common elements separating any two or more adjoining units used together as aforesaid may be altered to afford ingress and egress to and from such adjoining units in such manner and upon such conditions as shall be determined by the Board in writing. Section 18.2. Obstruction of Common Areas. There shall be no obstruction of the common areas nor shall anything be stored in the common areas without the prior consent of the Board except as herein expressly provided. Each owner shall be obligated to maintain and keep in good order and repair his own unit. Section 18.3. Hazardous Use and Waste. Nothing shall be done or kept in any apartment or in the common elements which will increase the rate of insurance, electricity, or any other utility charges of the building, or contents thereof, applicable to a residential use, without the prior written consent of the Board. No Owner shall permit anything to be done or kept in his apartment or in the common areas which will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law. No waste will be committed in the common areas. Section 18.4. Exterior Exposure of Building. Owner shall not cause or permit anything to be hung or displayed on the outside of the doors or placed on the outside walls of a building and no sign shall be affixed to or placed upon the exterior walls or roof or any part thereof, without the prior consent of the Board. 19 Section 18.5. Pets. No animals, including rabbits, livestock, fowl or birds of any kind, shall be raised, bred or kept in any unit or in the common areas except that one dog or cat may be maintained in each apartment provided it does not constitute a nuisance or annoyance to other owners. Section 18.6. Nuisances. No noxious or offensive activities shall be carried on in any apartment or in the common areas, nor shall anything be done therein, either willfully or negligently, which may be or become any annoyance or nuisance to the other owners or occupants. Section 18.7. Impairment of Structural Integrity of Building. Nothing shall be done in any apartment or in, on, or to the common elements which will impair the structural integrity to the building or which would structurally change the buildings except as is otherwise provided herein. Section 18.8. Prohibitive Activities and Siqns. No industry, business, trade, occupation or profession of any kind, commercial, religious, educational or otherwise, designed for profit, exploration or otherwise, shall be conducted maintained, or permitted on any part of the property, nor shall any "For Sale" or "For Rent" signs or other window displays or advertising be maintained or permitted by any Owner on any part of the property or in any apartment therein. The right is reserved by Sunrise Terrace Condominium Association, Inc., or its Manager, to use an apartment as a model which may be shown to prospective purchasers, to place "For Sale" or "For Rent" signs on any unsold or unoccupied apartments, and to place such other signs on the property as may be required to facilitate the sale of unsold units. The right is hereby given to any mortgagee, who may become the owner of any unit, to place "For Sale" or "For Rent" signs on any unit owned by such mortgagee. The right is hereby given the Board or its representatives to place "For Sale" or "For Rent" signs on any unit or on the property for the purpose 20 of facilitating the disposal of units by any owner, mortgagee or the Board. Section 18.9. Laundry and Rubbish in Common Elements or Areas. No clothes, sheets, blankets, laundry of any kind or other articles shall be hung out or exposed on any part of the common elements or areas. The common elements or areas shall be kept free and clear of rubbish, debris and other unsightly materials. Section 18.10. Lounging or Storage in Common Elements. Except in areas specifically designated and intended for such purpose, there shall be no playing, lounging, parking of baby carriages or playpens, bicycles, wagons, toys, vehicles, benches or chairs on any part of the common elements or areas. Section 18.11. Alterations of Common Elements or Areas. Nothing shall be altered or constructed in or removed from the common elements or areas, except upon the written consent of the Board. Section 18.12. Parking Areas. That part of the common areas identified as Parking Area shall be used by the Owners for parking purposes only. 21 . PLANNING COMMISSION DECEMBER 18, 1979 The South Burlington Planning Commission held a regular meeting on Tuesday, December 18, 1979 at 7:30 pW in the Conference Room, City Hall, 1175 Williston Rd. Members Present Sidney Poger, Chairman; Ernest Levesque, George !ora, James Ewing, Peter Jacob, Kirk ir"oolery, Robert Walsh Others Present David Spitz, Planner; Carl Cobb, Richard Trudell, =•:ary Remington, richard Ranaldo, Lowell Krassner i•:inutes of December 11, 1979 On page 1, the words "front of the building" should be added to the last line. On page 5, in the third line, "askid" should read "aside". Mr. iv'oolery moved to au -prove the December 11, 1979 minutes as amended and tir. Ewing seconded the motion, which carried with Xr. ;+alsh abstaining because he was not ;resent at the last meeting. . review of application by George DeFor a for 14 condominium units on �,uarry Hill Roa Mr. Trudell said the property had already been subdivided and was owned by Mr. DeForge. The plan calls for 6 units with two condominiums in them and 2 units which will be single. They would like to look into passive solar heating. One of the major issues to be resolved is the status of Quarry mill Road. Mr. Trudell said the minutes from the Horizon Heights hearings indicate that further development of Quarry Hill properties will entail upgrading.the.road to city standards. He pointed out that this parcel was not part of the Quarry Hill properties, though, and said that his understanding was that this developer would only have to upgrade that section to the drive. Mr. Ewing recalled that money had been set aside by Horizon Heights to upgrade the road from Spear Street down and Mr. Spitz confirmed that money had been set aside. He went on to say that the road was not to city standards — curbs are missing and he did not know if it was 30' wide. N,r. Poger thought the base was 30'. The Commission thought the money was for upgrading to the bend in the road. Mr. Trudell asked what standards the Commission wanted on the first section of the road from Spear Street down. Now there is a blacktop sidewalk because the Commission did not want a concrete one removed when the road was widened. The city can either take the money it has in escrow now and complete the streets, or it can take the money this developer would use to upgrade the streets and put that into escrow also. Mr. Ewing asked 2r. Spitz to check on whether that was a city street and if so, how far it extended. It was noted that if the road were not upgraded to the end of this developer's Iroperty, when it was completed, there would be two fully developed parcels on both sides of a private street. nren the road is fully upgraded, Horizon Heights will have two access points to a public street, but now the one to the north is supposed to be an emergency access only, although it is used every day and .every time the chain is put up, it is taken down again. It is about 400' from this developer's driveway to the end of his property going north and Horizon Heights is on the other side of the road that full length. !.:r. soolery suggested that this developer upgrade to his entrance (for a distance � z. i' PLANNING COPE-USSION DECEMBER 18, 1979 of 200'). There would then be 400' left to do and the next developer can do another 2001, leaving part not up to city standards. The road is presently owned by Cupola Golf Club Inc. Mr. Levesque felt the Commission w as not being consistent and he asked whether a road was considered a utility. Mr. Jacob recommended building the street and not putting curbs in. Mr. Poger did not want to do that. It was suggested that the City Engineer be consulted about possible solutions. Mr. Woolery felt that since there was going to be one road to serve all the land between the Interstate and East Terrace, every developer should be required to upgrade a portion of this road, which is the only way to get to the land. It was also suggested that whoever developed the 3 acre parcel next to Horizon Heights upgrade the 400'. Mr. Levesque felt the city should use some force and close the emergency access at Horizon Heights which was open all the time. He felt the reason the application for Horizon Heights had passed without a requirement to upgrade the road was that the Commission was told that the emergency access would be closed. Mr. Cobb did not think it would be fair if they were required to upgrade the road to the end of the property and then have half the Horizon Heights traffic use it. It was pointed out that the owner of the road also owned the 28 acres behind Gaynes and the 3 acre parcel next to Horizon Heights (althcugh that piece has been subdivided and could be sold anytime). Xr. %:ona felt that whether it was 3 acres or 28 acres minus 3 did not matter - someone to the north would have to bear an equitable part of the burden of paving the road. Mr. ;foolery asked whether the owner of the 28 acres could be burdened with upgrading the entire road if any subdivision were made on that lard. He felt that if the 3 acres were developed first, they could upgrade 1/2 the distance remaining and if the 28 acres were developed first, they would upgrade the entire road. Mr. Spitz noted that this developer would have to upgrade 200' and that he had two acres. He did not think it would be a hardship if the owner of the 3 acre parcel had to construct 400' of road. Mr. Woolery wanted to know the city had the escrow money the Commission thought it did and how much it was. He felt it would be reasonable to ask the developer to pave to the culvert shown on the plan (about 2001), and said he would like to see the city block the emergency access. Mr. Ewing wanted the access blocked also and felt this developer should pave to the end of his property. Messr. Poger and Levesque agreed, with Mr. Levesque saying that paving could extend to the culvert only if the city blocked the access. Mr. Walsh wanted paving to the property line also. Mr. )Kona favored paving somewhat less than to the property line, such as 1/3 of the way. Mr. Jacob felt paving should be only to the culvert. It was suggested that no more emergency accesses be put in, or if they were, -- the city should be certain it could enforce them. _ At this point the Commission was shown an alternate plan, with the units shown on Quarry Hill Road, not off a driveway. If this plan were chosen, it would solve the road issue, since they would have to upgrade to the end of the property. The new plan might cost enough less to enable them to upgrade the entire distance. There could be a semicircular drive to service the units with two entrance points to the road. The Commission felt this was a better plan. Comprehensive Plan: Southeast Quadrant Chapter The Commission had decided to drop the idea of a growth line and change the zoning so that areas close to already developed areas would be ur zoned and the PLANNING COMMISSION MARCH 4, 1980 The South Burlington Planning Commission held a regular meeting on Tuesday, March 4, 1980 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Sidney Poger, Chairman; George Mona, James Ewing, Robert Walsh, Peter Jacob (late), Ernest Levesque Member Absent Kirk Woolery Others Present David Spitz, Planner; George Khouri, Carl Cobb, Richard Trudell, Margaret and Wallace Blanchard Mr. William Schuele, Chairman of the Natural Resources Committee, invited the members to an open house on March 21 at the community library. Minutes of February 19, 1980 Mr. Mona moved to approve the February 19, 1980 minutes and Mr. Ewing seconded the motion, which carried without dissent. Sketch plan review of application by George DeForge for 14 condominium units on Quarry Hill Road Mr. Richard Trudell said that the new plan was to have the units directly on Quarry Hill Road, instead of being up the hill. There .will be two entrance points from the road into the parking area for the units, and one of these will be opposite the emergency access for Horizon Heights. The units will probably be cut into the bank and solar heating used, with a greenhouse arrangement. In front there will be concrete for heat storage. Drainage will be channeled around the building and will go into a system. Water will come from the East Terrace Extension across the DeForge property. Quarry Hill Road will be widened to 30' with curbs on both sides. The developers were told there would have to be a sidewalk and Mr. Trudell felt it should be on the side of the road away from these units. It was noted that the road was not centered in the right of way and the developers were asked to discuss the widening with the City Engineer. There will be catch basins in the parking area. Each unit will have 1 covered and 1 open parking space and there will be some extra spaces for visitors. Mrs. Blanchard said that there were covenants in her deed to prevent anything being built so that they could see more than 2' of the roof. Mr. Trudell said those covenants had been taken into consideration. She then asked about blasting so close to her home and whether there was an ordinance regarding that. Mr. Spitz said he could check into it. It may be that the developers have to give some warning before they blast. Review of plans for new traffic circulation pattern at University Mall r:r. George Khouri said that when he went to the District Environmental Commiss recently to have his permits extended, they took a detailed look at traffic on the site. City traffic consultant Bruce Houghton and City Kanager William Szymanski MARCH 4, 1980 PLANNING COMMISSION Commission held a regular meeting on Tuesday, march The South Burlington Planning 4, 1980 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present rman; George Mona, James Ewing, Robert Walsh, Peter Jacob (late), Sidney Poger, Chai Ernest Levesque Member Absent Kirk Woolery Others Present David Spitz, Planner; George Khouri, Carl Cobb, Richard Trudell, Xargaret and Wallace Blanchard Mr. William Schuele, Chairman of the Natural Resources Committee, invited the members to an open house on March 21 at the community library. Minutes of February 19. 1980 ove the February 19. 1980 minutes and Mr. Ewing seconded Mr. ,Mona moved to appr the motion, which carried without dissent* m condomini Quarry Hill Road on Nir. Richard Trudell said that the new plan was to have the units directloints Quarry Hill Road, instead of being up the hill. There_Kill be two entrance P opposite from the road into the parking area for the units, and one ofill theseably with be be op the emergency access for Horizon th greenhouse Heights. arrangement. In front there will the bank and solar heating used, with a g be concrete for heat storage. Drainage will be channeled around the building and will go into a system. Water will come from Hill Road will beewiden dEast etoa30'ce Ewithscurbsion consboth the DeForge property. Quarry be a sides. The developers were told thereoaduawald hafromve othese unitsalkItnwas note Trudellthat felt it should be on the side of the r Y the road was not centered in the triEntof ineeraY Therethe willdevelopers catch basinsasked in the discuss the widening with the City g parking space and there parking area. Each unit will have 1 covered and 1 open p will be some extra spaces for visitors. thing Mrs. Blanchard said that there wereore tcovhan 2 of thenants in er deed roof. Mr. Trudell prevent said being built so that they co bl ting those covenants had been taken into rnxaseantordinance regardingasked thatut MrasSPitz so close to her home and whether thee said he could check into it. It may be that the developers have to give some warning before they blast. Review of lens for new traffic circulation attern at Universit Mall ental Mr. George Khouri said that when he went ato hdeDailedclookvatotraff is on the recently to have his permits extended? Y er William Szymanski site. City traffic consultant Bn ruce Houghton and City Nag PLANNING COMMISSION JUNE 24, 1980 The South Burlington Planning Commission held a regular meeting on Tuesday, June 24, 1980 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Sidney Poger, Chairman; Ernest Levesque, George Mona, Peter Jacob, Robert Walsh, Kirk Woolery, James Ewing Others Present , Richard Ward, Zoning Administrator; Peter Coffrin, Helen Malloy, Kenneth Gillies, Robert Eastman, Margaret Blanchard, Hugh Parry, Robert Harton, Howard Verman, Fred Taylor, Aline Demers, MD, Shattuck, Sandra Dooley, Raymond Danis, Paula Taylor, Martin Paulsen, Ralph DesLauriers, Chris DesLauriers, Gerald Milot, Stephen Page, Karsha Milot, Luana Bartlett, Alan Bartlett, Richard Trudell, Carl Cobb, Robert Holdridge, Roger Curtis, Larry Leveille, Marty Gleason Kinutes of June 24, 1980 On pages 2 and 4 "summary" is spelled with an "a" and on page 5 "Cider" is not. AIr. Ewing moved to aparove the June 24. 1980 minutes as corrected and Mr. I✓.ona seconded. The motion carried with i+1r. Walsh abstaining. Ai:ylication by George and Norman DeForge for preliminary plat approval of a 14 unit condominium project entitled Sunrise Terrace or. Quarry Hill Road Mr. Trudell said he represented the DeForges. The land in question is 2.15 acres but an area of .09 acres will be subdivided and added to lot #66 on East Terrace, giving this project 2.06 acres on which to construct 14 condominium units. The entrance has been placed opposite the Horizon Heights entrance and a sidewalk has been shown on the plan. The buildings have been set back from the road and oriented to take advantage of solar energy. In order to set the buildings back like this, there will have to be some blasting done. The material removed will be used in construction of the road. Two terraces will be left behind the buildings and a stone fence will be constructed in areas which have no room for other screening, such as a hedge. Y-r. Trudell also stated that the height of the buildings would be 6' below the maximum allowed by covenants in the area. He showed the drainage plans and said there would be drainage in the rear of the units and that they would not make any changes essentially to the drainage. 'dater will run into catch basins and a culvert. They will connect to the existing sewer on Quarry Hill Road and water will be brought in from the East Terrace Extension. They will provide two fire hydrants. Mr. Gleason, who will do the blasting, said he had done a lot of blasting in this area and he felt that, because of the way the rock was bedded, vibrations from blasting would not extend far enough to disturb the people on East Terrace. He described further how the blasting would be done and reiterated that he saw no real problem with vibration. ?:r. Gleason said he would carry as much insurance as the city wanted him to. He said all his blasters were licensed and he estimated that it would take abcut 45 working days, or two months, to do the job. They will blast with three pieces of 2. PLANNING COMMISSION JUNE 24, 1980 equipment and each piece can blast about three times per hour. He felt they would work from 7 or 7:30 am to 3:30 or 4 pm, but those times could be arranged with the developer and neighbors. Mr. Gleason did not feel that rock would fly more than 30'. He said that drilling the holes would be noiser than the blasting, but said the compressors could be located away from the residential areas and the air piped over. Mr. Bob Holdridge, the architect, explained the energy conservation features of the units. The units will either have solar greenhouses or sunscoops on top of them. They have three floors with a garage and storage on the first floor. The units have three bedrooms and will contain 1300 sq. ft. excluding the greenhouses. They will have the capability to add active panels for heating domestic water if the owners wish. The greenhouse area is about 80 sq. ft. Ms. Holdridge explained that the roof did have a slight pitch and internal drains. It is a single membrane dry roof. Mir. Trudell said a question had been raised about whether the DeForges had the right to give a right of way over the road and it is in the deed that they can do that. The developers wanted to put the sidewalk in now and not wait until the road became public, which will occur when any further development of the Horizon Heights or DesLauriers property takes place. The Commission liked that idea, as long as the sidewalk was so placed that it did not have to be torn up when the road was improved. Mr. Ralph DesLauriers noted that there were large cracks in the area of the quarry and he asked that those be investigated before blasting started. Mr. Eastman represented the Blanchards and noted that they were opposed to this project. He hoped the Commission would incorporate the covenants into its approval. Mr. Poger noted that the Commission was not involved with covenants unlessAcity were a party to them. The buildings will be below the requirement in the covenants. Ms. Aline Demers asked about a traffic light at the intersection of Quarry Hill Road and Spear Street and Ms. Paula Taylor also expressed concern about additional traffic in the area. Ms. Demers said that when the 67 units were constructed 7-8 years ago similar concerns had been raised about traffic then, and if it was a problem then, it continues to be a problem. She was told to discuss the problem with the City Manager, but it was noted that the Commission could require traffic data from this developer. Ms. Sandy Dooley asked if these units would be rented, but it was determined that the cost of interest alone would be $750-800 per month, so it was unlikely anyone would. The units will cost 380,000 minimum. Ms. Paulsen was not sure the solar energy system here would work, but Mr. Foger did not feel that was germaine. It was noted that access to this property would only be through Quarry Hill Road. Mr. Trudell said the City Engineer had asked them to determine the capacity of the 24" culvert and that this project would increase the flow by 6 at which time the pipe would be at 40,= of capacity. Mir. Ewing'felt the Commission should look at the impact of this project on Spear Street traffic at the intersection of Quarry Hill Road - what amount of traffic is there now, what amount will oe added, and what will be needed as a result of this traffic. The Commission asked for actual counts, not State figures, and it was felt that the counts should be during the peak hour period as described by the Regional Planning Commission. Mr. Mona noted that the number of dwelling units on the street, which has only one access, would exceed 50, which is the figure discussed in the Subdivision Regulations. He wondered if there was any future provision for a second access. 3. PLANNING CObYISSION Mr. Levesque arrived at this time. Ms. Dooley said there was a right o 50' wide. Since it is pre-existing, it Mona did not want to continue to approve knowledge that there is another access, .NNE 24, 1980 f way beside her house, but it was only does not have to be 601, however. Mr. development on Quarry Hill Road without but Mr. Poger noted that the Commission has been told that there is a further access beyond this one. This access can be used in the future if necessary. Mr. Mona, noting that East Terrace was a dead-end street, said that if there was a right of way from the back of the Gaynes lot and that land is developed, there could be three dead-end streets coming together in this area. Mr. roger said that if there was a right of way from the back of Gaynes, it would be extended to Quarry Hill Road, provided traffic could exit with safety from the Gaynes lot. Mr. Woolery moved that the South Burlington Planning Commission approve Normanthe preliminary plat application of George and condominium project on Quarry Hill Road as depicted on a 10- a e plan entitled "Sunrise Terrace" last dated 6 3 80 and prepared by Trudell Consulting Engineers, subject to the following stipulations: 1. The applicant shall comply with requirements of William Szymanski's memo dated 6 20 80 re ard� materials and construction of road base, curbs, sidewalks, sewers, and storm drainage. These requirements shall be made part of the plan of record and approval of such shall be documented by the City Engineer._ 2. Legal documents shall be submitted at the time of final plat application. and shall include the following: a) Deed and offer of dedication for the portion of Quarry Hill Road fronting the applicant's property. b) Easements and bills of sale for any utility lines located outside of the Quarry Hill right of way. Location and width of easements shall appear on the final plat. c) Condominium documents to be submitted to the City Attorney shall include the Association By -Laws and Declaration. 3. The parcel marked as "Lot 2" does not constitute a separate building lot and may be used only as add -on acreage to the adjacent DeForge property fronting on East Terrace. 4. An additional hydrant shall be added adjacent to the northerly entrance_ to the project and be recorded on the final plat. 5. Sewer allotment for this project is 3,500 gallons per day. 6. Recreation fee for this project is 1�440. 7. A landsca-ing bond of 411,000 shall be provided. 8. Traffic counts at the intersection of Spear Street and Quarry Hill Road shall be provided by the applicant. 9. Assurances of safe conditions for blasting and review of problems with cracks on adjacent property shall be approved by the City Engineer. f.r.lsh seconded e motion. . cwcv.�w, r ' PLANNING COMMISSION AUGUST 12, 1980 the city because it was not up to city standards. This developer will upgrade along his frontage to city standards and when another development further down the -road is proposed, the Commission will have to see if it is major enough to require upgrading the first part of the road plus the road in front of the new development. The other way to get it done is for the city to do it. Air. Spitz felt the motion should be made when all the documentation was complete. It was felt that the motion should carry a stipulation that the access road be reviewed for safety. Mr. Woolery moved to continue the final Mat application of Sunrise Terrace condominiums until 1 week from tonight at City Hall at 7:30 pm. Mr. Jacob seconded the motion and all voted aye. Discussion with Treetops Association on status of emergency access No one was present from the Association. Air. Jacob asked that Mr. Spitz find out how much it would cost to blacktop across the emergency access. Mr. Poger directed Mr. Spitz to put Treetops on the agenda for next week and to tell the Association that if they did not come to this meeting, the access would be closed one way or another. He also was asked to find out the cost of a curb which fire trucks could jump but which cars would not scant to. Application of South Burlington Realty Corporation for preliminary plat approval of a 41.5 acre Planned Commercial Development entitled Corporate Circle behind Williston Road, Dorset Street and Hinesburg Road Mr. Doug Schner said that they had submitted a traffic study. The study looks favorably on the traffic rotary, he said. He also noted that -this was not really a subdivision, but said it did not come under any other aredt of review. Areas will be set up within the land, but it will not be divided. P+Ir. Schner went through the subdivision criteria. There is a natural drainageway on the land which drains a large amount of land in the area, but there is a low volume of water in it and part of the area is marshy. This drainageway will be realigned for a better flow and better drainage of the area. The applicant is requesting permission to define and relocate the drainageway along property lines. It will eventually go into a culvert next to Lake Buick. Mr. Poger asked that the Natural Resources Committee look at this plan. Mr. Schner said the development would not increase the amount of water going through the culvert under Dorset Street now. He stated that the soil was sandy -and well -drained. He said that 1/2 of the sewage would run west to the Dorset Street lines and 1/2 would run east to Hinesburg Road (this 1/2 will have to be pumped). Air. Spitz said capacity at the Airport Parkway treatment plant was almost gone on paper but that actual recording showed some room. That will have to be resolved for this development. Air. Schner expected an ultimate sewa-e flow of 45,000 gallons per day if the project were built at its maximum potential. City water will also be brought to the project via an 8" line from Mary Street and an 8" off Dorset Street.. This will be looped to the Hinesburg Road line. Mr. Schner felt the ultimate demand would be 50,000 gallons per day with a fire flow estimate of 300 gallons per minute. Mr. Levesque arrived at this time. Regarding traffic, :.:r. Schner referred to the traffic survey submitted. He also noted letters between himself and the Planner dated July 17 and 29. He said a 10 year projection was termed short range according to the Transportation and Traffic Engineers Handbook, but that it was hard to go beyond that. Mr. roger was concerned that it would be very difficult.for pedestrians to get around on this site, and he felt that the plan guaranteed that people would 2. PLANNING COI,; 4ISSION AUGUST 12, 1980 access to the adjacent Hurley property and a pedestrian crossing light across Dorset Street shall remain in effect. 2. The future sidewalk depicted on the plan shall be constructed at the time of the widening or upgrading of Dorset "street. ::r. Jacob seconded the motion and all voted aye. Application by George and 1,orman DeForpe for final plat ap,roval of a 14 unit condominium project entitled Sunrise Terrace on Quarry Hill Road Xr. Trudell showed the original plan, which had two entrances to Quarry Hill Road and a flat grade. Because of the cost to remove all that ledge, the project has been changed. It has been raised 81, which still puts it 2' under the covenant requirement, and the entrance has been made a single one, with a 7% grade up to the units. The parking lot is 12' above the road. The site layout and building configuration resin the s-me. Water was to come from the East Terrace Extension, but they could not get adequate fire flows, so it will now come from Quarry Hill Road. Mr. Trudell commented on the points in the City :Tanager's 8/11 memo. They plan to run the sewer service out the back of the units, and they will maintain it, which the A:anager agreed to. Regarding sodding the ditches, Hr. Trudell felt that would not be needed on the inside of the road curve because there will be very little water flow and the-anager agreed. !r. sober felt the inside should be sodded also, and sir. Trudell agreed to do it. Kr. Trudell said drainage would be intercepted before it reached Quarry Eill Road. Regarding curbing, he said he did not feel it was necessary because this is a private drive. Mr. Mona was concerned about sight distance for cars coming up the entrance drive. At the inside of the curve there is a built-up area which he felt would restrict the vision of drivers Entering the project and prevent them from seeing cars exiting down the hill. There was concern expressed about cars drifting into the wrong lane as they came around that sharp turn, especially if they could not see if another car was coming. Kr. Trudell felt they would be able to see, and he noted that the road was 24' wide. I•:r. Spitz said sight -distance and safety would be checked. :.Ir. Poger said it could be checked now or built as proposed and checked then, at which time it could be changed if it were not safe. Xr. Trudell had no problem with that, because he felt it would be safe. Points 5 and 6 on the 8/11 memo have been done, as has 7. The question of a single access to the development was discussed. This project will add 14 units to the 78 existing on Quarry Hill Road. There have been two possible other access points mentioned, but Mr. Spitz said the one to 'Jaynes was not legal and the one to East Terrace was questionable. He also was not sure that would be a good place to add access to this area. The applicants have submitted a traffic report, done by I:r. Trudell. The report finds that level of service A can be maintained at the intersection With ;uarry ?-Till :'Load and that no traffic liEht is needed. '.r. ;:ona agreed with this, but noted that the next developer in this area would have to face the issue of a dual entrance. The Co=ission was satisfied with the ;;uarry Hill access. ::r. Spitz will look into the entrance road and the curve in more detail. ::r. Trudell agreed to build the read and t::e guilt-ui area as the;; warted to and then have the City En, ineer or scmeone else lock at it. If it is all right, then it ;:ill be planted, and if not, it will be removed. The Commission considered arrows to show people the pro -per way to drive arcun-- the middle island, but decided they -.;Ere not necessary. :-.r. Spitz said the first ::art of Quarry Hill Road had not been acceded by PLANNING CO?-SNISSION AUGUST 26, 1980 The South Burlington Planning Commission held a regular meeting on Tuesday, August 26, 1980 at 7:30 pm in the Confe7vence Room, City Hall, 1175 Williston Road ::embers Present Sidney Poger, Chairman; Ernest Levesque, James Ewing, George Mona, Kirk Woolery, Robert Walsh Member Absent = Peter Jacob Others Present David Spitz, Planner; Richard Ward, Frank Cross, Frederick Blais, Bob Audette, Rene Berard, Sharon O'Brien, Nile Duppstadt, R.E. Curtis, Len Lamoureaua, Lyn Palin, Eric Farrell, Steve IMoore, Hal Bensen .Minutes of August 19, 1980 On page 5, 112 way down the page, Mr. Ewing said that what he had meant to say was that the access was too narrow for safety in a development of this intensity and that it should be built to public standards. Mr. Woolery moved to approve the August 19, 1980 minutes as amended. The motion was seconded by Mr. Ewing and carried with Messrs. Walsh and Mona abstaining. Ccr-tinuation of public hearing on application of George and Norman DeForge for final plat approval of a 14 unit condominium project entitled Sunrise Terrace on Quarry Hill Road hlr. Spitz said the applicants were not ready. It was felt that if they were still not ready at the neat hearing, the application should be withdrawn. He said that the Commission would ask these developers to bring part of the road up to city standards and offer it to the city. The city would not accept it, however, until the first section is also to city standards, and the only one who will upgrade that part is the subsequent developer, who owned all the land at the start of it's development. Mr. Poger stated that the city could also upgrade the road. It was suggested that the City Engineer be asked for a report on that road. Pir. Woolery moved to continue the public hearing on the application of George and T;orman DeForge for final plat approval of a 14 unit condominium project entitled Sunrise Terrace on Quarry Hill Road until September 9 at 7:M pm at City Hall. Mr. Nona seconded and all present voted for the motion. Ap.lication of James O'Brien for revised final plat approval of lot 31 in Brookwood V.' 1laF,e Xr. Nile Duppstadt said that Xr. O'Brien had wanted to purchase 8' of road frontaEe and a triangular piece cf land to add to his lot so that he would have room to construct a garage. The purchaser of lot 31 in Brookwood asked that the line run along one side of the stream itself, and that has been done. Kr. Ewing noted that there was a 50' setback from the stream. Mr. ::oolery .moved that the South Burlington Flaming Co=issionaprrove the revised final plat application Qf James O'Brien and rrookwood LTD for a revision AI PLANNING COYINISSION SEPT=:-E 23, 1980 The South Burlington Planning Commission held a regular meeting on Tuesday, September 23, 1980 at 7:30 pm in the Conference Room, City Hall, 1175 '0,,illiston Rd. Members Present Sidney Poger, Chairman; George 1`.ona, Ernest Levesque, Peter Jacob, Robert -ralsh, James Ewing Member Absent Kirk hoolery Others Present David Spitz, Planner; William Schuele, Lowell usassner, S. Larose, Bill Rowell, Clarence Neun, Christopher Dunn, Rosario Cannizzaro, =airline Cannizzaro, Ron Schmucker, John Towne, Rob Eley, Free Press; Steven Bushey, Skip Farrell, Philip. Kolvoord, Richard Wiemann, James Lamphere Minutes of September 2, 1960 Mr. Levesque moved to accept the September 2, 1980 minutes and Mr. Walsh 4. seconded the motion, which carried with I•Tr. :Iona abstaining because he was not present at the meeting. Withdrawal of final Nlat ar.Dlication of George and Norman DeFor,-6 for a 14 unit condominium project entitled Sunrise Terrace on quarry Hill Road Mr. Spitz said he had received a letter from the applicants withdrawing the application because they cannot agree with the owner of the land concerning road improvements. Request for continuation of public hearing- on application by Gerald :ilot for preliminary plat approval of a condominium project on Patchen Road 11r. Spitz said the applicants had verbally requested that this be continued because they are trying to work out a better access to the property. Mir. Poger did not want to keep continuing the application because a number of people had come to the first meeting on it. He preferred to have the application rewarned so the public could be aware that it was going to be discussed again. He suggested the application be denied and rewarned. Mr. Walsh moved to deny the Dreliminary plat application of Gerald i:ilot for a condominium ;roject on Patch en Road. Fir. Ewing; seconded the motion, which ras,,ed 6-0. IIr. Schuele was concerned about the project, noting that the proposal for 54 units on 3 acres was much more than anyone thought the concentration of units would be in order to keep the rest of the land open. He stated that he liked the idea of clustering, but if this was going to be the effect of it, he could not supPort it. It was noted, however, that in order to build the maximum, the developer had to justify doing so to the Co=ission. It was also noted that this revised Man had 39-40 units. :•Sr. ;..ona wanted to make it clear that there were two separate discussions here. He felt it was inar,;r orriate to connect _:os-cible charges in the regulations to a particular develoY=ent or application. s. Schuele expressed concern about hoer clustering; was bein` inter_reted and C:I7 Y uF SvUTH BUALINGTON Subdivision Application - SKETCH PLAN (1 412Vt5 ) arij phone number of: a of record George A. DeForge and Norman R. DeForge 66 East Terrace, South Burlington, Vermont 05401 b. Applicant _-- Same —as above. c. Contact person Richard P. Trudell, P.E. Trudell Consulting Engineers, Inc. Route 2A, Box 308, Williston, Vermont 05495 879-6331 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well as proposed use(s). 14 Condominium dwelling units, with garages on a 2.15 acre sloping site on the northwest side of Quarry Hill Road. 3) Applicant's legal interest in the property (fee simple, option, etc) Fee simple. 4) t,iamesof owners of record of all contiguous properties See Sketch Plan, Sheet 2 of 5. 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. _ No structure may be more than two feet higher than the existing elevation of the rear of the Blanchard driveway -A 2 5) Proposed extension, r,:locat ion, or Modification of Is municipal facilities such as scr:rerage, water supply, streets, storio Cr•iin,jge, etc. Exteri_§ion of water line 450 1_f.lof 6" ductile iron (1 hydrant) Tap_ into existing 8" sanitary sewer ,Connect into existing 24"_storm drains Upgrade Quarry Hill Road to City Standards up to entrance. 7) Describe any actions ov the ?cning 7�ozrd of Adjustment, or previous actions i)y the South 7urlincton Planninc Con,-�ission, %:hich a..ect the pronos=d zu`,division anoinclude dates: December 14,_ 1979= Sketch Plan submitted to Planning Commission Requested_changes in drainage and access. 8) :,.tt-ch a s1'etch elan cho•:ri7c 311 infor:.iation reauireu under items 2 t:nrounh 7 on p. 5 of the Subdivision Reculatio;.r. See Sketch Plan, Sheets 1 through 5 date FOR OFFICE USE Cate - rub-,ission of pnlication and s%etch plan to administrative cf `icer - this proposal is classified as a ;major or minor subdivision T)-)IicLtion ceem•:c co::,)lete - nronosal tentativ31y sch-2!uul-=6 for first Planning Com-Assion neryting Confir:ied For QUARRY HILL CLUB September 30, 1980 South Burlington Planning Commission City Hall Williston Road S. Burlington, Vermont 05401 Dear Mr. Chairman and Planning Commission Members: I am writing this letter in reference to the "DeForge" project located just off Quarry Road. I have just been informed today, that as of last Tuesday, September 23rd, they have withdrawn their application for the fourteen unit development. They said it was due to the un- reasonable demands imposed on them by Cupola Golf Course, Inc. I would like to inform the Planning Commission that "Cupola" was in favor of the project. Because of these two items "Cupola" and DeForge" did not come to terms. 1) To partially upgrade the Quarry Road with one thin coat of asphalt (no curbs or sidewalk) by May lst, 1981. Upon completion of the condominium project the road would then be completed as required by the Planning Commission. 2) Provide construction hazard and liability insurance covering the private quarry road during construction. I regret their decision to withdraw their project, but felt that the blasting and general construction area required hazard and liability insurance. Sincerely yours, CUPOLA GOLF COURSE, INC. R. B.IDesLauriers RBD/sc CC: DeForge F-1yefflTaTRUMULNE This Agreement by and between Cupola Golf Course, Inc., a Vermont corporation with principal place of business in South Burlington, County of Chittenden and State of Vermont, (herein called "Cupola" and George' DeForge (,-vk,,k ►JOI`," of South Burlington, County of Chittenden.and State of Vermont (herein after called "DeForge." . WITNESSETH: In consideration of'one or more dollars and other good and valu'able consideration, the parties agree as follows: . , Whereas the-City's Planning Commissiori has granted "Deforge" final subdivision approval for the purpose of con- structing on Subject Property 14, condominiums as shown on a plan entitled Site Plan for dated 1980 and Whereas" Cupola" granted "DeForge" access to Subject Property by virtue of the following proVisions of said Agreement. "Included in this conveyance is a right-of-way for passage of persons and vehicles"_in in common with the'Grantor, "Cupola" herein and others, over a strip of land having a uniform width of 60 feet, leading easterly from Spear Street to this northerly "DeForge" property. 1. After submission to "Cupola" of the plans and specifications, "Cupola" will convey to "DeForge" an easement for the installation, maintenance and repair of a sewer and water line for the gravity -flow connection of the "DeForge" project to the South Burlington sewer and water line. Exact plans and specifications attached to this Agreement will be made part of this Agreement. If said sewer and water lines go over "Cupola" 'property, "Cupola" reserves the right to connect to them at its nearest point FREE of charge from "DeForge," and "Cupola" bearing all costs and responsibilities. 2. "DeForge agrees that if they require the easements called for in this Agreement they will perform all work con- nected with the installation of the sewer and water line at their sole expense, and will restore the land and the Quarry Road to its previous condition within one week upon completion of the work. -1- 3. The roadway serving the project shall be upgraded to City design and construction standards from the entrance of Horizon Heights to the end of the "DeForge" property extending northerly 650 feet and abutting with "Cupola property. All conveyances by "DeForge," their successors, execu- tors, administrators or assigns will recite a covenant that any purchaser will not oppose: 1) any commercial development for the remaining "Cupola" property; 2) nor any crease in traffic; o 3) nor will they object to heavy trucks for the purpose of developing or delivering supplies as needed. It should clearly be understood that by granting "DeForge" the ROW over the 60 feet, "Cupola" does not now or at any future date forego any of -its present rights to utilize the ROW so conveyed in any manner. - The new upgraded road must have a 10 feet green apron along both sides, upon completion. By May 1, 1981 the road must be,'Widened as planned and coated with one coat of asphalt. There will be no blasting between May I and September 15th of any calendar year. There will no open trenches for sewer or water lines left unmarked by day ornight, nor will any open trench be left open beyond 10 days. Hazard - Liability Insurance must be provided for all persons and vehicles using the roadway from Spear Street to the end of "DeForge" property and while crossing through "Cupola's." The "DeForge" hereby holds "Cupola" harmless from any and all liability in connection with the construction or blasting activities. Removal of this ledge should be done immediately and all trucks should be loaded on "DeForge" property. "DeForge" further agrees that he is liable to "Cupola" for any losses or damages which may sustain directly or indirectly as a re- sult of "DeForge" activities ties and in regards to the ledge sur- rounding.the Quarry Hill Club. A close 9eck should be -2- a followed up by "DeForge" blasters. Any loosening or failing of any piece of Quarry Hill's ledge could cause serious damage and expensive repairs, for which "DeForge would be liable for. Any and all repairs must be completed immediately and brought back to proper standards "DeForge" and "Horizon Heights" shall fully maintain said roadway and keep the same in good repair condition until there is further development on "Cupola" land. This Agreement may be amended upon mutual consent of "DeForge" and "Cupola. This Agreemerit shall be recorded in the City of South Burlington. The Developer will prevent the parking of cars, trucks, or trailers on the Quarry Road or ROW at any time during con- struction. "DeForge" entrance road which will abut the Quarry Road will have a stop sign at "DeForge's" expense. The snow removal expense shall be divided among Horizon Heights and "DeForge" for "Cupola" does not have year round activities. "Cupola" reserves the right to acquire free of charge part of the blaqted ledge which is to be'deposited in between the parking lot at Quarry Hill and 1-89 a"T t4�at at our giscretion, "Cupola" can terminate the depositing of the ston . Dated September 1980. In Presence of: LCeoigeDeFo_rge___ - CUPOLA GOLF COURSE INC. by Duly Authorized Officer RUTH B. DesLAURIERS -3- HICKOK& Burlington, Shelburne Street, Burlington, Vermont 054ue BOARDMAN Phone 658-3500 REALTYINC. September 19, 1980 David Spitz Planning Administrator South Burlington Planning South Burlington, Vermont 05401 Dear Dave: It appears that an agreement between Sunrise Terrace and the Deslauriers concerning the road for the project will not be immediately available. Therefore, we would like to request that the Board withdraw our application for final plat. I have enclosed a copy of the Deslauriers' agreement which is not agreeable to the DeForge's. S:�icerely, Carl F. Cobb Commercial Associate CC:bc Enc. Ml5 R EAL70R` IJu September 17, 198U Carl Cobb Hickok & Boardman 346 Shelburne Road Burlington, Vermont 05401 Dear Carl, Please send me a letter indicating that you have withdrawn your final plat application for the DeForge property. You may sutmit a new final plat application up to 18 months after your preliminary plat approval. Sincerely, David H. Spitz, City Planner Ilygo Fot S 4,tkq e 5 57 - fir �l_ lsy�� Ke - I57CO MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda Date: 8/14/80 2) DeForge. See City Manager's memo. Note that the 7% grade is considerably below the maximum City standard for a minor street (10%). 3) Pepsi. Applicants have run into topography problems on the pepsi lot. They will appear at the meeting to explain the situation but will not be requesting any approvals. 4) Treetops. Kevin Killilea, president of Treetops Association, called to say they will be installing a break away device across the emergency access. 5) Lang. Applicants own a total of 121 acres on the west side of Dorset Street approx- mately 4 mile north of the Shelburne line. Two ten -acre lots are proposed with frontage on Dorset Street, and a future right-of-way has been left to serve rear land. The property is crossed by both pedestrian trails and proposed City streets, as shown on City planning maps. 6) Milot, Patchen Road. (1) ACCESS. Right-of-way narrows to 24 feet at one point, insufficient for a sidewalk. State law requires a minimum right-of-way of 20 feet for any lot. If a lot is proposed for higher -density development, the Planning Commission must be satisfied that the narrow right-of-way is adequate for safety and overall access for the proposed number of units. For this development a 24 foot walkway plus a sidewalk should be the minimum; a full public street right-of-way with a connection to the adjacent Munson property would be more desireable. This would tie in to the corridor shown on the proposed City street map, which is best located on Munson's land. (2) LAYOUT. Entire property is 13+ acres. Proposed portion for development is approximately 3 acres, smaller than indicatednsketch plan. The City's zoning ordinance addresses proper allocation of open space and what standards must be met to approve full zoning density for a PUD — see sections 6.302(c) and 12.002(A) (10) . Setbacks behind Vern -an and Wilson properties should tx_� 30 feet. Fire chief is unhappy with long dead-end driveway and no turn -around area for easterly nest MEMORANDUM To: South Burlington Planning Commission Fran: William J. Szymanski, City Manager Re: Next week's agenda Date: 8/14/80 2) Deforge Development The proposed mounds at entrance to this project should be eliminated to improve sight distance. With the sharp entrance curve and the 7% grade it is important for as much sight distance as possible especially in the winter months. 6) Barber Property (Milot) 1) Culvert under access road will not work unless a ditch is constructed southerly which would require culverts under existing driveways. I would prefer a closed system to intercept the drive runoff. 2) The layout is extremely tight for the amount of land that is available. This layout may require a large volume of water for fire protection which may not be available. This must be investigated. 3) An update of the available Airport Parkway Sewer Plant capacity is not yet complete. This is expected to be done in a couple of weeks. 4) A sidewalk to Patchen Road should be included. ` DHS / 8/12/80 FINDINGS OF FACT AND/OR STIPULATIONS For the Final Plat application of George and Norman DeFor ge for a 14 unit condominium project on Quarry Hill Road as depicted on an 11 page plan entitled "Sunrise Terrace," last dated 8/8/80 and prepared by Trudell Consulting Engineers. Stipulations: 1. The parcel mAed as "Lot 2" does not constitute a separate building lot and may be used only as add -on acreage to the adjacent DeForge property fronting on East Terrace. 2. Sewer allotment for this project is 3,500 gallons per day. 3. Recreation fee for this project is $440. 4. A landscaping bond of $11,000 shall be provided. 5. Bonding for all public improvements shall be provided prior to issuance of the first building permit. 6. All legal documents shall be submitted to and approved by the City Attorney prior to filing of the final plat. MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: DeForge Condominiums Date: 8/11/80 1. Sewer main as shown is inaccessable for maintenance and cleaning equip- ment. 2. Ditches unless they are sodded will be difficult to stabilize. 3. Drainage along access drive should be intercepted before it enters Quarry Hill Road. 4. Drainage along north side of development must cross Quarry Hill Road before it disapates easterly. 5. Access drive and parking area island should be curbed for its entire length to control drainage and protect road edge. 6. Blasted rock used to widen Quarry Hill Road must be covered with top soil and seeded. 7. An underdrain system along the west side of units should be installed to intercept possible ground water. 8. A second access to this high density area should be considered. Sub- division requlation5limit housing units to 50 on dead-end streets. There exists a right-of-way to East Terrace and possibly one at Gaynes; however, both these access areas would result in problems for heavy volume traffic. 9. Mr. Gleason the blasting foreman has done a lot of work in the area and is highly recommended. I am confident he can do the work without any adverse effects. MEMORANDUM Zb: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: DeForge Condominiums Date: 8/11/80 1. Sewer main as shown is inaccessable for maintenance and cleaning equip- ment. 2. Ditches unless they are sodded will be difficult to stabilize. 3. Drainage along access drive should be intercepted before it enters Quarry Hill Road. 4. Drainage along north side of development must cross Quarry Hill road before it disapates easterly. 5. Access drive and parking area island should be curbed for its entire length to control drainage and protect road edge. 6. Blasted rock used to widen Quarry Hill Road must be covered with top soil and seeded. 7. An underdrain system along the west side of units should be installed to intercept possible ground water. 8. A second access to this high density area should be considered. Sub- division requlationslimit housing units to 50 on dead-end streets. There exists a right-of-way to East grace and possibly one at Gaynes; however, both these access areas would result in problems for heavy volume traffic. 9. Mr. Gleason the blasting foreman has done a lot of work in the area and is highly recommended. I am confident he can do the work without any adverse effects. t a MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda Date: 8/8/80 2) Municipal Building Several changes. have been made to the site plan because of City budgetary constraints. Building has been reoriented and carports now are shown as future construction. Parking remains as before on the fire and police side; reduced from 75 to 51 spaces on the municipal office side. Access drive is now aligned with high school entrance. Pedestrian access and other stipulations need to remain in effe 3 DeForge Condominiums Some revisions have had to be made to this project because of higher -than - anticipated blasting ccsts. The building layout and design is unchanged except that the entire structure has been moved 8 feet up the hill to reduce required blasting volumes. The building height still complies with covenant restrictions. The major change has been access - noW a single access drive entering from the south instead of a looped driveway airectly in front of the building. The fire chief has accepted this plan since the buildings are still close enough to be served by fire trucks and hydrants from Quarry Hill Road. Applicant has submitted a traffic report (enclosed), as requested, and indicates that the intersection with Spear Street is currently operating at an acceptable level of service and will continue to do/��when traffic from this project is added. S Due to the lateness of the changes, complete detail plans have not been submitted and several items remain to be resolved: (1) Location of water lines so as to insure adequate water pressure for fire protection. (2) Engineering review by Bill Szymanski of blasting plans and changes to construction details. (3) Submission of legal documents verifying the applicant's rights to improve Quarry Hill Road and to convey same to the City. If any of these items are not resolved by Tuesday's meeting I would reconYnend delay of final approval until after they are resolved, 5) Corporate Circle This preliminary plat review should focus on internal transportation issues. Appliacant has provided a traffic study (enclosed) and proposed rotary design. Additional information on external traffic issues, i.e. intersections with Dorset Street, Hinesburg Road, etc., can be provided at the next review stage. Preliminary review can also take place now on impact on City services and on general types of use for different areas of the development. The application will be presented according to the subdivisior=review 1 ' City of South Burlington WATER DEPARTMENT 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4361 July 31, 1980 Mr. Tyler Hart Trudell Consulting Engineers, In<.. Box 308 Williston, Vermont 05495 RE: Sunrise Condominums Dear Tyler, I have approved the above referenced plans with a few changes in the typicals to bring them into compliance with the specifications of the South Burlington Water Department. After the 8" main has been constructed and has passed the re- quired pressure and bacteriological tests than it shall be acceptable to the Sou'h Burlington Water Department to place the main in service. One year from the date that the main passes the required tests then it shall be eligible for acceptance by the City of South Burlington as a part of its distribution system, and by such acceptance be re- sponsible for the maintenance of it. However, it should be clearly understood that prior to acceptance into the distribution system full responsibility for the maintenance and repair of the 8" main and its related appurtanances shall .,Dr_ with the owner. This arrangement shall also apply to the 2" -ce line from the 8" main to the curbstop($) located at the -age of the right of way. I have reviewed your calculations and data for fire flow requirements. I agree with your Findings that the required fire flows, 1818 GPM, are not available at the location of this project. I would suggest that you discuss this situation with the South Burlington Fire Chief. At least ten (10) days prior to construction I request a preconstruction conference with you and the contractor's representative in attendance. If you have any further questions, please call me. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Robert L. Gardner Superintendent cc: Ed Blake Bill Szymanski Dave Spitz - SOUTH BURLINGTON SCHOOL DISTRICT SOUTH BURLINGTON, VERMONT 05401 F13EDERICK H. TUTTLE OFFICE: SOUTH BURLINGTON HIGH SCHOOL Superintendent 550 Dorset Street LAWRENCE E. LECOURS Assistant Superintendent July 24, 1980 Mr. Richard P. Trudell Trudell Consulting Engineers, Inc. Route 2A Box 308 Williston, Vermont 05495 Dear Mr. Trudell, At their regular meeting on July 23, 1980, the South Burling- ton School Directors voted that your project, as outlined in your letter dated June 10, 1980, would not place an unreasonable bur- den on this municipality to provide educational services. The following school information may be of assistance as you or your associates meet with prospective clients: Grades K-5 Central School Williston Road South Burlington Grades 6-8 Middle School 500 Dorset Street South Burlington Grades 9-12 High School 550 Dorset Street South Burlington If you have any questions regarding the above, please do not hesitate to contact me. Sincerely yours, Frederick H. Tuttle Superintendent of Schools FHT:cl cc: Mr. David Spitz Mr. Lawrence LeCours Mr. John Lucas Mr. Reginald Godin Mr. Mark Kennedy Mrs. Marilyn Dunn Mr. Donald Lockhart Mr. Roderick Marcotte 43000- (s� --/53 -, ze 40 can* ou l ie §66— CL Iy�K.'5X,9Y= 33 33x x( 000x%75 = q` o . /ice LTY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT I Name of Applicant George & Norman DeForge II Name of Subdivision .; Sunrise Terrace — III Indicate any changes to name, address, or prone number of owner of record, applicant, contact person, engineer, sur- veyor, attorney or plat designer since preliminary flat application: _ No Changes 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 No Changes 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 subdivi0er, 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 length of every street line, lot line, boudary line and to reproduce such lines upon the ground. Where 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 .ahicb is reserved by him. (6) Lots within the subdivision nivabered in numerical order within blocks, and bloc?:s lettered in alphabetical order. (7) The location of all of the referred to in Section 301.1*and in aocition thereto the location of all utility poles, s07.:00_e disposal syst7:<<s, water supply systems and rough Cra(3ing and other Cc -vices and ;`lz tnods of draining the area affecting the subrivision. (8) Permanent reference :-nonu=nents sho.•,n thus: "X" and lot corner i-,,arhers shown thus: "O". (9) Construction drawings of all :.'equired i.mprove;�ents. VI Znc?ose supiJorting documents listed below 660 --M44440" of iin�l_ Plat (1) Copies of proposed deeds, agree--nents or other cocu-.,_nts showing the runner in which open space, including park and recreational areas and school site areas, are to be dedicated, reserved and naintained and a certificate of the City Attorney that these documents are satisfactory. (2) A certificate of the City aicineer as to the satisfactory comrpletion of all imarovements required bt► the Commission, or, in lieu of any required i�z.Drover:ients not so co.- aleted, a performance bond to secure completion of such ingrovements and their maintenance for a period of two years, and written evidence that the City 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 o•>aned and/or maintained street:. (a) a copy of all proposed deeds, agreements, or other documents which convey or relate to the use of a privately owned street or richt-of-way, and a certi- fic,te of the City Attorney that these docu.iients are satisfactory. --3-- (b) a completed contract between the lando•,•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 roadr,ay maint- enance, along with a certificate of the Ci�-;r Attornev that the contract is satisfactory. �r�s� _ .�J v�. P4P�o (sicT�, ) t o c nta - --- - —" ct persondate 20-� 495-4957 7y • 63 31 V PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION 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, A„gust 12, • 19 _, at 7:30 p.m., to consider the following: 1) Application by George and Norman DeForge for Final plat approval of a 14 unit condominium project entitled Sunrise Terrace on Quarry Hill Road. Pro rty is bounded by lands of Charrlin, Ireland Industries, Brigham, DeForge and Blanchard to the west; lands of the City of South Burlington and Cupola Golf Course to the north; and by Quarry Hill Road to the southeast. 2) Application by South Burlington Realty Corporation for Preliminary Plat approval of a 41.5 acre planned commercial development entitled Corporate Circle. Property is bounded by lands of GLR Associates, Delorme, Lakeview Buick, Simpson, Minch, Hurtubise, Menard, Hart, Gerlack, Wheel, Penden, Chastenay(3), Benedick, Kohler, Jenkins, Parkes, Foley, Ramsey, Investors Corporation of Vermont, Ver- Mada, Inc., O'Brien, Dolan, Brassard, Unsworth, Lahoue and Bouchard & Sons. Copies of the are available for public inspect on at Me South Burlington City Hall. Sidney B. Poger, Chairman South Burlington Planning Commission f REPORT ON TRAFFIC - SUNRISE TERRACE At the request of the South Burlington Planning Commission, a traffic count was taken at the Spear Street/Quarry Hill Road intersection on July 8, 1980 between 4 and 6 P.M. These counts were then compared to the 1975 traffic counts (factored to 1980) compiled by the Chittenden County Regional Planning Commission and a good correlation was found. The proposed traffic from Sunrise Terrace was added to the existing and calculations were performed on the capacity of the intersection to handle the turning movements. The analysis indicates that a Level of Service A can be maintained at the intersection and that no traffic signal is needed. N8 Sir' sd S/veGr- E8 quarry WE Quarry 41,00 - 9: 3v Pm 48 84- z3 8 4 *30 - ,S: 00 p1n 4-5 /34 Z 4- /6 .s-: CO - 5 3o Pm 44 T-5 Z 7 /4- .f:30 - G :00 PM SZ 65 z6 /6 /8q 378 /0 0 56 Ave rarfe G yS-1hr- /6glhr z8l,6r- .2 wa 1 2 941hr• 7 8A,, - c�/,;/ •� Ccr)4 clior�G/ /lonnir2 Comrr2;SS/�rl " Ate 1,795 2 wa,.7 Serir--S/- z9U/!j,-" Z"Z lq >T- /o : /-ra-Ao- m u j4 p l i -e r- r75 180 /. iS z84Z A or ave4oye Sri? pedS per cnn,&r); r)/4ff7 un;7L S; / S, / = 7/, 4 ADT Add,�y 2.g42* 7/ _ e-9/3 AD r For Aor 3coo 1>,qV = 4/$ I// "` y .3r�O ADT C✓vt. Arun` o �ans�riaTi`rn� 223 /o 4- 151,11-Ak ST, •�unrise 7e-r-mce �s✓yN vac. vmt.S t>N v ra way h�yhw� do r�in� Level 6irv;ce — C O%OrAQc4 - TZ�f us/fl Fi y AA)a Ca c.�y Metal J,2-H s45s'�J n FJ`/G rr-�io f sc an -Iwo `7 42'"(c ?,;tiAc'ler/ {r- use %n cn�rr ior� sp�Q Sf ©,17 (Pua rry ied o. / /• 0 r- qO Ned Spea r O y. u14y4 975 iz50 l010 > /L 5 ek- Ma Suns/sue Trraceo � Jr c�tXtrry l 11 ed /L ' Applb C n W i d-/% 9oo(&9)(.85)(•i) 76% f ¢- 30 y r-i- yv 0 veti %c les / X r- 9 rrrn h/ > 40 c*- AecAeck a-� Leve1 W �i-vic we- A A,w/ewck w 'd,//7 750 l/E'%1ic/�S /Ar 750(0 �� z� ��� = 7ZI >zso N43 Spsr- %Sd = 842 > /z 5 750 ( 8) ( 85) ( /) = 5/ > 40 ak r_ PrJiec c� i4�^ ,� �Pr)wia ;�'i1 TlDrr) .jc.nrrS� /�riucC, ac%/�r1 T 5� � CJ �i'�f, 10 i l I 57611 O /IU I.t) 46-,(,ae l a")( SPrew c qe A 4-,� Toe- z5t2a?r u�, ouarr7 //; // AE�4 i n ler-5ec l -pq . S'i y na l Wa rrrrnds I)arrQn-i 1 Tom, l /lejor- 61reeYq�,rc c-� Jr7S < SOO Minor S eri' o 0 < /SO kJ rr T} .z 7"- AvJ6r ts`frr�-ta LL j 3,175 < 7 5o %IIgtJ7" �S � �%�raGCr7 ¢O < 7-5 Norrzrrr s 3-8 Tat o, tca,6/c MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: DeFbrge Quarry Hill Read Date: 6/20/80 1. The existing private road and proposed widening shall have a minimum base thickness of 18 inches with 6 inches of sand. 2. Curbs shall continue across entrances as depressed curbs with 1 inch reveal above the finished road grade. j. Sidewalk to continue across Horizon Heights emergency drive. Sidewalks to have a 6 inch gravel base, 5 inch concrete thickness and 8 inch thickness across emergency drive. 4. Sewer manhole invert trough should be for full depth of pipe diameter. 5. Road base material and subbase shall be approved by City prior to place- ment. 6. Storm drain grates and frames shall be city standard. A typical drain inlet should be shown on the plans. MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: DeForge Quarry Hill Road Date: 6/20/80 1. The existing private road and proposed widening shall have a minimum base thickness of 18 inches with 6 inches of sand. 2. Curbs shall continue across entrances as depressed curbs with 1 inch reveal above the finished road grade. s. Sidewalk to continue across Horizon Heights emergency drive. Sidewalks to have a 6 inch gravel base, 5 inch concrete thickness and 8 inch thickness across emergency drive. 4. Sewer manhole invert trough should be for full depth of pipe diameter. 5. Road base material and subbase shall be approved by City prior to place- ment. 6. Storm drain grates and frames shall be city standard. A typical drain inlet should be shown on the plans. MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next Week's agenda Date: 6/20/80 2) DeForge - Quarry Hill Building location and construction is basically as shown on sketch plan, except at rear of units only garage is underground rather than 2nd and/or 3rd floor. Double driveway entrance is also as presented at sketch plan. Fire Chief has requested a hydrant at each entrance. A landscaping plan is available. Considerable blasting on the site will be required. The applicant has retained a blaster who is expected to attend the meeting. A small parcel labelled "lot 2" is being added to the DeForge property at the rear. This is not a separate building lot and should be so stipulatea. The pain question on this project has been the status of the road and re- quired improvements. Applicant has agreed to upgrade the road along all of his frontage (600') to City standards; the only variation is that the road is not centered in the ROW due to the location of the existing road and due to fill problems. Applicant must still demonstrate that he has a legal right to use and make improvements on the entire road length along his property. The initial section of Quarry Hill Road (500') has only been partially improved by Horizon Heights, and about $3,000 remains in escrow for some additional improvements. When Horizon Heights was subdivided from the Deslaurier property, it was stipulated that further development would require vnprovement of all of Quarry Hill Road. Since DeForge was a separate landowner at the time of the stipulation,he has only been required to improve his own frontage; but additional development by either Horizon Heights or Deslaurier must still be required to complete improvements on both the initial 500' of Quarry gill Road and on any additional road frontage. )ut4 Nurlington Hire Depattment 575 i9nrart street #auto Nurlingtnn, 19ermnnt 05401 OFFICE OF JAMES W. GODDETTE, SR. CHIEF J i.ne 1�1,1980 Mr. Dave Spitz City Planner South Burlington City Hall 1175 Williston Road South Burlington, Vermont 05401 Dear Dave, On Friday June 13,1980 I recieved a set of site plans from The Trudell Consulting Engineers Inc. on the Sunrise Terrace complex for approvel for construction on Quarry Hill Road. At this time I see no problem with the lay out of the complex, But for proper fire protection a second fire hydrant will be needed. The hydrants should be located so there is one by each drive going into the property off Quarry Hill Road. If you have any questions please feel free to call me. Sincerely W. Goddette ' Sr. Chief PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION 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, -une ?4,19f?11 , at 7:30 p.m., to consider the following: ��T,nl� it rIn —h�r�P and Nnrman neF(IjrgP fnr PrPIiminary Plof annrnva1 of a 14 unit- modnmi ni inn PrQ4Prt ent i tl Pd Sunrise Terrace on Quarry Hill Rpad- - Properr�z is hounded M lands of C'harrlin, Ireland TndiiC;trip-s Brigham DeForge and Blanchard to the west; lands of hP City of South Burlington and Cupola ,c)lf C0j]rc;p to the north; and by aiarry Hill Road to the southeast. Copies of the application are available for public inspection at the South Burlington City Hall. Sidney B. Poger, Chairman South Burlington Planning Commission 1)aLe Received By Dal..e Applicat: ► Complet6dand Received By By CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIE9 1) NAME, ADDRESS, AND PHONE NUMBER OF: (a) Owner of Record George & Noi�aan DeForge 66 East Terrace, South Burlington, Vermont 05401 862-5574 (b) Applicant _ _ SAME (c) Contact Person Richard P. Trudell, P.E., Trudell Consultiniz Engineers. Inc. Route 2A, Box 308, Williston, Vermont 05495 2) PRC -TECT STPEET ADDRESS Quarry Fill Road 3) PROPOSED USE(S) Residential, Condominiums 4) SIZE OF PROJECT (i.e., # of units, floor area, etc.) (14) 3 bedroom Townhouses, 1944 sq. ft. each 879-6331 5) NW'BF.R OF EMPLOYEES (full & part time) None 6) COST ESTIMATES: (a) Buildings $504,000 (b) Landscaping $15, 000 (c) All Other Site Improvements (i.e., curb work) $55,000 7) EST.D.ATED PROJECT COMPLETION DATE Fall, 1981 8) ESTIMATED AVERAGE DAIT,Y TRAFFIC (in & out) 70 9) PEAK HOURS) OF 013ERATION7 15 - 8:15 A.M. 4:30 - 5:30 P.M. 10) PEAK DAYS OF OPERATION Weekdays DATE SIGNATURE OF .APPLICANT CITY OF SOUTH BUR L I rdG X Subdivision Application - PRELIMINARY PLAT 1) Name 'bf Applicant _ George & Norman DeForge 2) Name of Subdivision Sunrise Terrace 3) Describe Subdivision (i.e. total acreace, number of lots or units, type of land use, include aross floor area if cemT_ ere i a 1.) Total Parcel 2.15 acres Subdivide,0.09 acres and add to adjacent 66 East Terrace property (Lot #2). (14) 3 bedroom Townhouses on 2.06 acre parcel (Lot #1). 4) Indicate any chanoes to name, address, or phone number of owner of record, applicant, or contact person since sketch plan applicat ion : None 5. Name, address, and phone number of: Richard P. Trudell, P.E. , #3091 a. Engineer _Trudell Consulting Engineers, Inc. Route 2A. Box 308, Williston, Vermont 05495 879-6331 b. Surveyor Scott D. Taylor, L.S. #488, Trudell Consulting Engineers, Inc. Route 2A, Box 308, Williston, Vermont 05495 879-6331 C. Attorney __-- -- -- - P 1, t D e s i n e r Trudell Consulting Engineers,_ Inc. Route 2A, Box 308, Williston, Vermont 05495 879-6331 i -2- 6) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since this proposal was last before the Commission: 0.09 acres t6 be subdivided and added to the adjacent DeForge lot - 66 East Terrace (Lot #2). 7) List na;ses and mailing addresses of o.,iners of record or all cont- I igous properties: Jerald & Lillan Charrlin, 72 East Terrace, South Burl., Vt. Quarry Hill Club, Quarry Fill Road, South Burlington, Vermont. fifi Feat Terra F� South $�rlir�ton, Vermont. Ireland Industrial, Inc., 100 Grove Street, Burlington, Vermont. -teany-ga-L haxgT�rrarP4- .� So ,rlin ton, Vermont. _ Wallace Blanchard, 62 East Terrace, South Burlington, Vermont. -j_tyr of Snuth I�,lrlinvton,. M�'nI Office, Williston Road, South Burlington, Vt. 8) State title, drawing number, date of original plus any revisions, I and designers) of the preliminary map(sj 'ac6ompanying this app?.i._ cation: 0 ) Cover sheet with location, (2) Subdivision Plat, (3) Site Plan (4) Grading & Drainage Plan, (5) Quarry trill Road Improvements & Utilities (6) Landscape Plan, (7) Building Plans, (8) Puilding Sections, (9) Building Elevations 9) Attach a preliminary map showing the following information: 1) Proposed subdivision name or identifying title and the na^ie of the city. 21 Name and address of owner of record, subdivider and designer of Preliminary Dlat. 3) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 4) The names of all subdivisions inriediately adjacent and the names of oxmers of record of adjacent acreage. 5) The location and size of any existing seeiarr and winter mains, culverts and rains on the property or serving the property to be subdivided. 6) Location, naves and widths of existing, and proposed streets, private ways, sidewalks, curb cuts, paths, ea semen-:.,ts, parks / ADMINISTRATIVE CHECKLI. PROJECT NAME/FILE REFERENCE �� ��� �lpv-s4nrlseCa 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 GRANTEDWITH DATES AND PERMITS GRANTED & SITE 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 8. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 9. MISCELLANEOUS AGRELMENTS 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 V BUILDING PERMIT ENGINEERING INSP. SEWER RECREATION (RECORD CALCULATIONS AND DEPOSIT IN ACCOUNT) 12. 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'' 'vZ �,, G k•� �1. db�l,f �.i! u'' (j` ,, • U, �,.� :.�'%c t�i,.1/t„' ov ILI i; 4 ,_ ytp_�� (y_kr_ r / • l,'fX'l ' ,,( H,,,�wY"a�G�/�-+'`��`I/' Cal _ - % L �/ J2,,v;v•7.0 .ilk; - aki pf; tt� n„a�l i•;r"J%► J� "��"' U ^ ! �� � O,AJ� )�yN �� '`f�J'C• �jJ'��.1 vli�•✓,' �Y� IM1�.(�Jki� .� U�:�; u Ni r �•. WI1... � J ' � . _ f �i✓rU ,„' �,-'rjr"=,�: r�+tiA.,"A��; y o'�;�..��ylw, ��IP— ,+^ ✓J i 122/77 P t . n.J7 M!n.. J i 3V t � � , l �,.• ,- � .? + C ti �' ,%2:f �i..`. It �i�J:../ 1 •• / No Text - - ----------- - --- lp M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Quarry Hill Road Date: December 14, 1979 1. The status of Quarry Hill Road should be clarified.It is now a private road. 2. The road drainage will result in an erosion problem unless curbs or paved ditches are provided including intercepting catch basins. 3. Parking lot drainage is not defined. 4. Capacity of existing drain swale on Horizon Heights must be checked. 5. Sewer manholes must be in areas that are accessable to mobile cleaning equipment. 6. The skew intersecting drive is a potential traffic hazard especially if quarry Hill Road increases in use due to development of the vacant land to the north. 7.There must be provisions for intercepting storm drainage along Quarry Road before it crosses the intercepting drive. Von � SUn4 octoun/ t wilA� if tS !P17p-nAW Ar —ct/oes r�c)1'44le r am4j.'41 l'/ U �k .`: City of South Bur?ingto WATER DEPARTMENT 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 VERMONT'S NINTH AND TEL. 564-4361 FASTEST GROWING CITY April 16, 1980 Mr. Tyler Hart Trudell Consulting Engineers, Inc. Route 2-A Williston, Vermont 05495 RE: DeForge Condominiums, Plans dated March 17, 1980 Dear Sir, I have reviewed the above referenced plans and specifi- cations and approved them with a few notes to clarify the approval. At least ten (10) days prior to construction I request a preconstruction conference with you and the contractor present. If you have any questions or I can be of further help please do not hesitate to call. Sincerely yours, Robert L. Gardner Superintendent C.C. Ed Blake Bill Szymanski Dave Spitz M E M O R A N D U M To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next Meeting's Agenda Items Date: 12/14/79 \#2 Deforge Condominiums Parcel in question is steep requiring a fairly long, angled access road. A major question is status of Quarry Hill Road and what improvements may be required. #3 Southeast Quadrant Chapter Several questions have arisen during review of the Southeast Quadrant Chapter. First, what problems and/or costs to the City are created by allowing leapfrogging development? Consider the following utilities. Sewer: further investigation has verified that the Airport Treatment Plant was designed for the year 1985 and the sewer mains for the year 2010 (with a pop- ulation of greater then 30,000). The original designs also forecast a potential sewerable area extending more than half -way into the Quadrant, roughly even with VanSicklen Road. Note, though, that the projection for the Quadrant reflected a fairly low density and did not encompass saturation density at 2 units per acre. The major limiting factor in extending sewer lines to the Southeast Quadrant is not the capacity of existing lines, nor the existing plant capacity which is planned for expansion, nor even the limits of the sewerable area which can be extended via pumping stations. Rather, the primary limit is the cost of extending adequately -sized sewer. lines. It will be very important that the Planning Conmiission have adequate information on the entire area's sewer needs in order to know what size requirements to place on a developer. Water: As in the extension of sewer lines, a primary influence on development is the cost of extending adequately - sized water lines. Fortunately, in the case of water, a map has been prepared showing projected size requirements for new water mains throughout the Southeast Quadrant. The Planning Commission can require any developer to extend public water mains, of the size indicated, to his development. Fire Protection: Insurance standards provide a better rating for any re- sidential development with 3� miles of a fire station and for any commercial and industrial development within 1� miles. The 3� mile residential standard includes almost the entire Southeast Quadrant. Note, though, that unless public water is extended, the distance from fire hydrants causes other problems in fire protection. I have no comments at this time on comparative costs for providing street maintenance, school bus and police services to the Southeast Quadrant. A second major question is what type of development will occur in rural areas where developers are either not able or not permitted to extend public utilities. The PUD-IDR option is desirable because it preserves contiguous open space, but recent developers have shown little inclination to use it. Only one PUD-IDR has been approved in 5 years (Smart Associates on VanSicklen Road last December), and the three 3 acre lots were denied by the State because of poor soil results. Two 2) CITY OF SVUTH BURLINGTON Subdivision Application - Sk,E-iC}i PLAN address, and phone number of a • Owner of record George DeFor�e __ 66 East Terrace ----' -South Burlington, Vermont 05401 b• Applicant —.-.--George -DeForge - c. Contact person Richard P. Trudell, _ Trudell Consulting Engineers y - Route _2A, BoxWilliston, Vermont 0 ` 5495 Purpose, location, and nature of subdivision or development, including number of lots units or parcels involved as we as proposed use s 1 p p ' ( ). ` �t Condominium dwelling units. 11 See Sketch Plan. 3) Applicant's legal interest in the �-_—_ --T option, etc) property (fee simple, Fee simple 4) Namesof oviners of record of all contiguous properties —_ --See Sketch Plan p 5} Type of existing or proposed encumbrances on easements, covenants, leases, rights of way,P Property such as etc. Rooflines may not exceed two feet --` above the elevation of drivewaythe Blanchard - 2— rI 5) Proposed extension, relocation, or modificction o.f municipal facilities such as sewerage,water supply, streets, storm drainage, etc. Extend water line and sanitary sewer. Upgrade Quarry Hill Road up to entrance of pro ject. - — — - — --- '------------ 7) Describe any actions i.�l.�n by the ? - or pry _ .cning :�ocrc of Adjustment, vious acc.ions i)y the mouth-Urlincton ?la hich affect the „ro�os - ,ti nninc CcMission, c SUI)division cn�include dr„_es: None — - --- 8► Att'-ch a items 2 s}.etcn ; ilrough 0!.3n si1o:1inc all information reQc; uireunc e -- -- r on p. 5 0f th .�ubcivision Rec_.ulatio nr. 61gTLature)`op:licint of contact parson date FGR USE pub :fission of �p;� �cate 1.ic. pion anc s;:etch plan to ac-ninistrative cfficer ` this proposal is classi'ied as a major or minor su}-'division - _p--1-icetion (feem.c co.,- 1 ate -- 7�0)0�a' tVl�t�tiV?1V SC}i �11�-''.O of _1rst p1?;]11i]C1 Co.:,liS_4i07i I.le'ting Confir.ied For Trudell Consulting Engine( ) Inc. Route 2A Box 308 WILLISTON, VERMONT 05495 Phone 879-6331 L CVUL A OF TUMOR UVRIL DATE ^ _ JOB NO. M ATTENTION RE: i Ur-N 1 LLIVILIV: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings JK Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION IF it it THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: Pero FORM 240-2 - A -liable tram � Townsend, Mess. 01469 If enclosures are not as noted, kindly notify us at once. Trudell Consulting Engir )s, Inc. Route 2A Box 308 WILLISTON, VERMONT 05495 Phone 879-6331 MITMETT _dfiffil"010-11W TIN LCEUT Z OF MUSOMUQL DATE J UL: '7 JOB N . 07 ATTENTION RE: S UM I LtMtIV: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION STUD I THESE ARE TRANSMITTED as checked below: C7 For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19_ REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO FORM 240-2 - Available from � Townsend, Mass. 01469 SIGNED: it enclosures are not as noted, kindly notify us at once. Trudell Consulting Engi )rs, Inc. Route 2A Box 30b WILLISTON, VERMONT 05495 Phone 879.6331 TO 7 4V1 p F! %'z— �L��.LlE1TZ. GENTLEMEN: WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter P-[Ecy' ba (OF cffaumannuum DATE ✓� J J� ,108 NO. j 7,7 ATTENTION RE: �l I -- � a r��! ,s✓ i ❑ Attached ❑ Under separate cover via ❑ Prints ❑ Plans ❑ Change order ❑ following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION z4xzn THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections EJ ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US SPY TO SIGNED: 4o-2-Available from JnE Townsend, Mess. 01469 if enclosures are not as noted, kindly notify us at once. CUPOLA GOLF COURSE, !NC CiTY OF SGiiiN S RLiNGTON BLANCHARD This plot 4s based on a transit and tape survey evidence found in the field and two plots:!) a Flat entitled "CUPOLA GOLF COURSE INC." by Green Mountain Surveys dated 3-02-77 and 2) o plot entitled itIRELAND INDUSTRIES INC" by TrudeII Consulting Engineers Inc dated 1-26-77 and revised 9-77 I hereby certify that the is a true and correct representation of a survey ind is correct to the best of my knowledge S 830 30.00' G. 4. S 6° 31.0 20' WA - EASE EAST TERRACE A S9, S657 Ahl 4 W 'N I rt N O I_ QD`I OT - 2- 20 WATER MAIN 06. Acres I I EASEMENT 03 Hectares 134.67' (41.047�m) S 60 35' 45" W . 0 0' (30 460m) S 790 12' 3211 E 5'45" W 50.15' ( 15.286 m ) f oil, E HORIZON HEIGHTS, INC. 266.60' (81.260m) ( 9. 144 m) $ 6°35' 43" W --� b� M. ^Q GE i 35' 45" W (9.449m ) ER MAIN — OEN7 r I ti BRIGHAM 4 IRELAND to°O° INDUSTRIES N INC. EXTENSION D R A P H I C S C A L E r� 5G 10�? 5Cl 20G 5t0 'cE k S-- 15 0 5 30 45 60 MAG. 1 � tTt D CflARRL!N Ln r LEGEND O REiNFORCING BAR FOUNC CONCRETE MONUMENT FOUND SURREY MARKER FOUND p CONCRETE MONUMENT SET PLAT CW L"D OF GEORGE a NORMAN DEFORGE QUARRY HILL ROAD SOUTH BURLINGTON, VER.MONT TRUDELL REVISED 7/ 23 / 80 TJW CONSULTING ENGINEER.S2 WC