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BATCH - Supplemental - 0000 Ridgewood Drive (3)
State of Vermont SUBDIVISION PERIMIT Case Number: EC-4-2271-2 PIN: EJ99-0328 Landowner: John & Clara DeBoer Address: 569 West Vista Hermosa Green Valley, AZ 85614 E LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 This project, consisting of a one lot subdivision identified as Lot #61 with the dimensions 50 feet by 71 feet comprising of the footprint of the three bedroom Unit #61 previously approved in Certification of Compliance #4C0160 and amendments served by municipal water and wastewater services located off Lincoln Green in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above subject to the following conditions. This permit does not constitute approval under Act 250 case number 4CO160 & amendments. GENERAL This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the plans prepared by Fred Koerner, L.S. which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. All conditions set forth in Certification of Compliance #4C0160 and amendments shall remain in effect except as modified or amended herein. 1 Subdivision Permit EC-4-2271-2 John & Clara DeBoer Page 2 6. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property subject to this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations. WATER SUPPLY 7. The lot is approved for water supply by connection to the municipal water. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 8. The project is approved for connection to the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont on September 18, 2001. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer For the Record South Burlington Planning Commission & Select Board Fred Koerner, L.S. Act 250 Commission - 4C0160 & amendments Water Supply Division State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation August 17, 2001 John & Clara DeBoer 569 West Vista Hermosa AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802)879-5656 Green Valley AZ 85614 Subject: EC-4-2271-2 -- Permit foortprint of Unit 61 three bedroom single family dwelling no change to mun.w/s <lA located on 8 Lincoln Green in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #1797 on August 15, 2001, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. Sincerely, Iren<Loberge DEC Regional Office Coord. c City of South Burlington Planning Commission State of Vermont SUBDIVISION PERMIT Case Number: EC-4-2271-1 PIN: EJ99-0328 Landowner: Albert & Shirley Maxson Address: 15 Lexington Green South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 This project, consisting; of a one lot subdivision identified as Lot #25 with the dimensions ?7 feet by 80 feet comprising of the footprint of the three bedroom Unit #25 previously approved in Certification of Compliance #4C0160 and Amendments, served by municipal water and wastewater services, located off Lexington Green in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250 case number 4CO160 & amendments. GENERAL This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission and local officials rior to proceeding with this project. 2. The project shall be completed as shown on the plans prepared by Fred Koerner, L.S. which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. All conditions set forth in Certification of Compliance #4C0160 and amendments shall remain in effect except as modified or amended herein. Subdivision Permit EC-4-2271-1 Albert & Shirley Maxson Page 2 6. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property subject to this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations. WATER SUPPLY 7. The lot is approved for water supply by connection to the municipal water. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 8. The project is approved for connection to the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont on June 29, 2000. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By Ernest P. Christianson Environmental Analyst V c For the Record South Burlington Planning Commission & Select Board Fred Koerner, L.S. Act 250 Commission - 4C0160 & amendments Water Supply. Division AGENCY OF NA TOTAL # DEC PERMITS 1 RESPONSE DAT DISTRICT T OWNER OF PROJECT SITE kAL RESOURCES (ANR) AND ENVIRONIVItN I AL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT PRE -APPLICATION REVIEW !! � PENDING APPLICATION #� -�� - OWN ullf ,acr�eunlGrTiN PIN # E 94- 63a8 NAME: / jl aaw /'/ARSON ADDRESS:_ j�,c��i�,tl/rU/✓2� TELEPHONE:- Jed) sys- #m, APPLICANT OR REPRESENTATIVE: NAME: ADDRESS: TELEPHONE: Based on information provided by 1PucV1-j7anJ received on_ tract/tracts of land of / acres, located ona project was reviewed on a `�'�'�`�Z� . The project is generally described as: AeN17' 1�dT J�?5 (37' X Yv `) AlwI yw2 llkld SC_WEy_. ,�JC���ICrr uJL�J� E_SlYJ�1L-5 . Prior Permits From This Office:0 a'"N '4 3 * Jd00LI nWA)rAludE /YUX&C1/,R_ PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project'? Length of new improved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: YES NO; Copies sent to Statutory Parties: YES NO COMMENTS": _ 4-44,,t a*\ a*,.p�o*%J.„ Ya� c� �I�t'�1 ENVIRONMENTAL COMMISSION 2(4)(5)ao•: 54. DISTRICTS #4,6 &9 111 WEST STREET SIGNATURE: 'strict Coor nator DATE: Zq Ut&) ESSEX JUNCTION, VT 05452 — V ADDRESS: Telephone: (802)879-5614 OWASTEWATER MANAGEMENT DIVISION REGIONAL, OFFICE: PERMIT /APPROVAL REQUIRED Water Supply &Wastewater Disposal / Subdivision &e 3t C ) YES ` NO Tent Travel Trailer Campground Mobile Home Park Floor Drain Deferra. of Subdivision REGIONAL ENGINEER ASSIGNED: �/� Srl�iisfir7r✓sa,✓ ( ) __ of Extension Q AGENCY OF NATURAL RESOURCES SIGNATURE: A61wm- c�c.Xi Ip DEPT. OF ENVIRONMENTAL Environmental Assistance Division TeDlephone: (0 879 �6 ADDRESS: CONSERVATION Wastewater Management Division Telephone: (802)879- ���111 WEST STREET 656 � ESSEX JUNCTION, VT 05452 Ti-i1S IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC) Indirect discharge permit Residuals management sludge disposal OVER OTHER Pr-RMITS AND REVIEWS YOU MAY NEED: (Continued) t. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Wood Fired Units (z90HP) Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines L 200 bHP) i. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: Well head protection areas Bottled Water New Hydrants Construction Permit, water system improvements Permit to operate New Source 3. WATER QUALITY DIVISION, ANR Contact: Hydroelectric Projects (241-3770) Use of chemicals in State waters(241-3777) Shoreland encroachment (241-3777) Aquatic nuisance control (241.3771) _ Wetlands (241-3770) Section 401 Water Quality Certificate; (241-3770) Stream Alteration (751-0129) Water Withdrawal (241-3770) WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888) Underground Storage Tanks (241-3888) Hazardous waste handler notification requirement (241-3888) Asbestos Disposal (241-3444) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Composting Facilities (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) HW transporter certificate (241-3888) Waste oil burning (241-3888) i. FACILITIES ENGINEERING DIVISION. ANR Contact:,__—.__u—___..____. ["dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) i. POLLUTION PREVENTION HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: — SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745� 0. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: — Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval I. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# —� Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Sprinkler Systems Storage of flammable liquids, explosives __ LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boiler's and pressure vessels 2. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: __ Food, lodging, bakeries, food processors Program for asbestos control & lead certification, Children's camps Hot Tub Installation & inspection - Commercial 3. AGENCY OF HUMAN SERVICES Contact: Child care facilities (241-2158) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 4. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2067) Signs (Travel Information Council) (828-2651) Railroad crossifigs (820-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2553) 5. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) _ Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 3. DEPARTMENT OF PUBLIC SERVICE (800-642-3281) VT Residential Building Energy Standards (See Enclosure) DIVISION FOR HISTORIC PRESERVATION (802-828-3226) _ Historic buildings Archeological site3 3. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) -3. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 1. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 3. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) 5. OTHER: REVISION DATE:_ Form Date 11/97 Rev. 6199 State of Vermont rt. Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation May 24, 2000 Albert & Shirley Maxson 15 Lexington Green South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802)879-5656 Subject: EC-4-2271-1 -- Permit Lot #25 being 37' x 80' with a 3 bedroom townhouse, municipal water and sewer, 450 gpd located on Lexington Green in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #2521 on May 18, 2000, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. Sincerely, Ernestine Chevrier Program Services Clerk City of South Burlington Planning Commission TDD: 1-800-253-0191 1100% Processed Chlorine Free Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury State of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and wildlife Wastewater Management Division Department of Forests, Parks and Recreation Essex Junction Regional Office Department of Environmental Conservation 111 West Street Essex Junction, VT 05452 (802)879-5656 October 20, 1999 Marily .Chase 1993 Rev. Trust 19 Lexington Green South 'Burlington VT 05403 Subject: EC-4-227i, Ridgewood Estates -- Permit footprint of prev. approved 3 bedroom Unit#23 26' x 80' mun. w/s located on Lexington Green in South Burlington, Vermont AGENCY OF NATO,.,-+ _ L RESOURCES (ANR) AND ENVIRONN ,hAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS �_ PRE -APPLICATION REVIEW RESPONSE DATE PENDING APPLICATION #_ DISTRICT_ J TOWN Uni ,6Glti°L1AJ na PIN #_ OWNER OF PROJECT SITE: NAME: 1J,�,�IL(jN L'f/19SL /9qq ,�bYCL' GiE" I�USr ADDRESS: /9 h:-y-jNe,ivN �7eat)y TELEPHONE: —(St,; '746"J APPLICANT OR REPRESENTATIVE: NAME: ADDRESS: TELEPHON Based on information provided by %iP,d1_1Cd17,V1 received on_ /016192 a project was reviewed on a tract/tracts of land of / acres, located on La11VC21nl &X6W The project is generally described as: �1�t1r ���rP,2anrr of /�,e�1/r�crJCy r3�P�2ovcv 3 ��7I �^� e. AI, I �3 Mu1'illafi 4w ,mod sewer. Prior Permits From This Office: dco /6 PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project? Length of new/improved road(s) Has the landowner subdivided before? ---- When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: _YES NO; Copies sent to Statutory Parties: YES NO COMMENTS: AWNDeo Rp-&o t 5Kavlo be 'IN Ceti 1, (_, ►!�� LL�� ENVIRONMENTAL COMMISSION j �() f6 l b 4 DISTRICTS #4,6 &9 AN C100' V6W 0,hv'P CAWe�no A" J— , 111 WEST STREET SIGNATURE: 1V01' VA JJC1YI (ZAA,- DATE: /0C) % ADDRESS: ESSEX JUNCTION, VT 05452 Dist i t Coordinator Telephone: (802)879-5614 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED ✓ YES NO Water Supply & Wastewater Disposal ✓ Subdivision &4ef-�( carry) Deferral of Subdivision Tent/Travel Trailer Campground yoIbile Home Park Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED:N13r C1hc1S>iAn/So�1/ AGENCY OF NATURAL RESOURCES DEPT. OF ENVIRONMENTAL SIGNATURE: 4ltz4 /Y7. ,, 4 — DATE: /D r 95 ADDRESS: CONSERVATION Environmental Assistance Division Telephone: (02)879-5676 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION, VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: _ Discharge Permit; pretreatment permits; industrial, municipal Stormwater perm_its (s_tate and federal, UIC) Indirect discharge permit Residuals management sludge disposal OVER OTHER PERMITS AND REVIEWS YOU MAY NEED: (Continued) AIR POLLUTION CONTROL DIVISION, A )(802-241-3840) Contact: Wood Fired Units (>_90HP) _ Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines L 200 bHP) 3. WATER SUPPLY DIVISION, ANR (802-241-3400) Well head protection areas Construction Permit, water system improvements 3. WATER QUALITY DIVISION, ANR Hydroelectric Projects (241-3770) Shoreland encroachment (241-3777) Wetlands (241-3770) Stream Alteration (751-0129) Contact: New Hydrants Bottled Water New Source Permit to operate Contact: _ Use of chemicals in State waters(241-3777) _ Aquatic nuisance control (241-3777) _ Section 401 Water Quality Certificate; (241-3770) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: 241-3888) ( k Tans Hazardous waste treatment, storage, disposal facility certificate (241-3888) Asbestos Disposal (241-3444) Underground Storage Tan Hazardous waste handler notification requirement (241-3888) Com posting Facilities (241-3444) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) HW transporter certificate (241-3888) Disposal of inert waste, untreated wood & stumps (241-3444) Waste oil burning (241-3888) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. fr.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OFFISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) LP Gas SSto prinkler rage Systems Storage of flammable liquids, explosives Boilers and pressure vessels Plumbing in residences served by public water/sewer with 10 or more customers 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9Program for asbestos control & lead certification Food, lodging, bakeries, food processors Hot Tub Installation & Inspection - Commercial Children's camps 13. AGENCY OF HUMAN SERVICES Child care facilities (241-2158) Nursing Homes (241-2345) Contact: Residential care homes (241-2345) (Dept. of Aging & Disabilities) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Junkyards (828-2067) Access to state highways (residential, commercial) (828-2653) Railroad crossings (828-2760) Signs (Travel Information Council) (828-2651) Airports and landing strips (828-2833) Development within 500' of a limited access highway (828-2653) I Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) ilk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/M 16. DEPARTMENT OF PUBLIC SERVICE (800-642-3281) VT Residential Building Energy Standards (See Enclosure) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3226) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802.828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) <5 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, FoVT rm Date 446 34) 11/97 25. OTHER: REVISION DATE: Rev. 6/99 State of Vermont SUBDIVISION PERMIT Case Number: EC-4-2271 Pin Number: EJ99-0328 Landowner: Marilyn Chase 1993 Revocable Trust Address: 19 Lexington Green South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 This project, consisting of a one lot subdivision identified as the footprint of Unit #23 containing three bedrooms within the development known as Ridgewood Estate previously approved in Certification of Compliance #4C0161 & Amendments located off Lexington Green in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4CO161 & Amendments. GENERAL 1. The project shall be completed as shown on the plans which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 2. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The nermittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 4. All conditions set forth in Certificate of Compliance #4C0161 and Amendments shall remain in effect except as modified or amended herein. Subdivision Permit EC-4-2271 Page 2 5. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access'to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. WATER SUPPLY 6. The lot is approved for water supply by connection to the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. SEWAGE DISPOSAL 7. The lot is approved for wastewater disposal by connection to the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont on November 10, 1999. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By�� Ernest P. Christianson Regional Engineer For the Record South Burlington, VT Planning Commission & Select Board Act 250 District Coordinator - 4C0161 & Amendments M E M O R A N D U M To: Planning Commission From: Richard Ward, Zoning Administrative Officer Re: Ridgewood Estates, Swift and Dorset Streets Date: June 17, 1975 Having reviewed the final plans, my comments are as follows: 1. The placement of the units are such that we have a total of 103 townhouse units and 11 single family lots. This is the maximum density allowed. 2. Being a planned unit development with private roads, I question the location of structures within a set -back of less than 30 feet. If the proposed Ridgewood Drive was a public street the minimum set -back (30') would apply. 3. The proposed contract between CBC Realty and the City has been drafted and is being reviewed by Attorney Spokes. We anticipate no serious problems with this contract. 4. The proposal has been reviewed under Act 250 and received approval November 6, 1974. 5. Mr. Szymanski and myself are prepared to work out the appropriate bond figures. 6. This approval is for Phase I (32 units). Other phases are to be reviewed at the time of construction. 7. The Tree Planting Committee should review the proposed landscaping. CITY OF SOTJTH BUR INGTON APPLICATION FOR A DEVELOPMENT OR SUBDIVISION PERMIT 1. Applicant's Name, Address, and Phone Number C.B.C. Realty And Nv-_lopment Inc. 86 Suburban Sq. So. Burlington, vt.. 2. Name, Address, and Phone Number of the Person Whom the Commission should contact regarding this Application Frederick G. Blais - 86 Sub -,roan Sq'. So. Burlington., Vt. 05401 - 863-2197 3. Nature of the Development or Subdivision PUD - R Consisting of Townl,omes and Individual Lots, 4. Location of Development or Subdivision No:-tZ West of avift and Dorset Streets 5. High and Low Elevations of the Tract o ' irjvolve,� with the Development or Subdivision iiN;.- L eva,,ion Low Elevation - 300 6. Address of each of -the Applicant's Offices in Vermont Same as #1 7. Applicant's Legal Interest in the Property (Fee Simple, Option, Etc.) Fee Simple - 2 8. If the Applicant is not an individual, the Form Date and Place of Formation of the Applicant FORT;: Gorporatlon DATE: June 16,1971 PLACE: South D rlington, Vermoht 9. Estimated Cost, Exclusive of Land Cost of the Development (Applicant for a Subdivision Need Not Lswer) 10. Application for a Subdivision, the Number of Lots 14 Lots Plus 100 Townhomes with Lots Plus Common Open Space and ?recreation Fzr±ttbies 11. What Restrictive Covenants are Planned for any Deed(s) to be issued? See Attched List of Covenants 12. Description of the Proposed Development of Subdivision A. Plans and Specifications: (1) Attach a detailed plat or plot plan of the proposed project drawn to scale, showing the location and dimensions of the entire tract. This plan should also show: all lots, streets, roads, water lines, sewage systems, drain systems, buildings, existing or intended. (2) In subdivisions where -individual water and sewage facilities are intended, indicate the proposed location(s). (3) Show all easements, parks, playgrounds, parkin areas, water courses, and other bodies of water, natural or artificial, existing or intended. (4) Include a contour mar of the land involved drawn on a scale of foot contour intervals. (5} Indicate on the plans the.location and width of any easements for utilities, roads, etc., exist- ing or intended. Attach a written explanation of any such easements. _3_ 13. What is the purpose of. this Subdivision or Development and Unat is the intended use of the land after Subdivision or Development? Darpose i:; a PUD--H Consistent, to Existing Zoning By -Laws - Intended Use is to Constrict and sell Units and Land Consistent to Approved Plan 14. Describe the Site of the Proposed Development or Subdivis- ion including information, if available, on Soils, Streams or Other bodies of Water, Bedrocks, Etc. See Attached Puns 15. Acreage: A. Number of acre owned, or in which you have a legal interest -' B. Number of acres in this project 57 C. Number of acres previously developed o D. V,'hen do you anticipate beginning the project Fall '1974 �. tmen will this development or subdivision be completed n i�� zi three years after cormencin" constructio n on 16. Water System: A. What type of water system is to be provided, such as: Individual system on each lot, comi-nunity system, municipal system, etc. Mwici:pal System B. Where is the nearest municipal water �g,,s nYmto d, unit available and feasible to use it? Dorset and S-r4i.ft Streets - Immediately available and feasible 17. Sewage System: A. What type of sewage disposal system is to be provided or intended, such as: Individual system on each lot, community system, or municipal system? Minicipal System - LF - B. '.3lie is the nearest community sewage system and is it available and feasible to use it? Corner of Dorset and Kennedy'Dri.ue - Availably and Feasible C. If the sewage system is other than a community, municipal, or individual lot septic tank and leaching field, include competent professional engineering evidence that it will perform satisfactorily. 18. Adjacent Property: A. List below the names and addresses of adjacent property owners. Stephen ?dhit tlesey � Stephen Whittlesey 750, North West - 991t North and Walter Folund South & North - Economu Farms Inc.- Fine sburg,, Vt. & Ibrmon Church East - Faith Methodi.st Church - William Robinstein - Izzadore r"yers B. What is the adjacent property used for at present? Open Iband - Churches - Residences C. What is the ffut. e u�-a e j t�,e aed fo the adjacent property? Resi ntial 'i �4 Adopted rZonzng by Lars 19. Zoning: A. VTnich'District or Districts is the proposed site with- in according to the official zoning map of the City? AR With Enabling PUD— DATE SIGNATURES` �` RIDGEWOOD ESTATES ROAD CONSTRUCTION The Ridgewood Estate road system will be privately built and maintained with funds provided by the management contract of the Property Owners Association. Roads are carefully aligned on the site for minimal site disturbance and maximum grades will be 5 percent. The basic specifications will be those of the Town of South Burlington. Erosion Control: The development will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. a. General: Sound site planning methods have beenemployed as the prime measure of controlling erosion. The building sites and the majority of roadways are located on slopes of under 7 percent. b. Roadways: All roadways are designed for under 5 percent in very few instances are cross slopes over 10 percent and where roads are cut into these slopes, the new contours will be a maximum of I on 2 1/2 to minimize erosion. These slopes will be seeded and mulched, and if required, because of ground water or angle of repose limitations for this soil, will be re-established at 1 to 3 or 1 to 4 slopes. In no case are slopes greater than 10 vertical feet anticipated. If trees are to be saved at the top or bottom of a slope and, therefore, a 1 on 2 1/2 slope must be maintained. Several devices will be utilized: soddening, erosion net or chicken wire mesh adequately staked or plus or minus 4 inch timbers staked horizontally into the slope at about 4 foot intervals. Mineral soil cuts and fills will be dressed with 4 feet of wood soil and duff and seeded with grains and naturally with .ferns that germinate readily in newly ex- posed humus. c.. Drainage Swales: Swales under 3 percent will be seeded: from 3 to 10 percent sod will be used in combination with staking and erosion netting at the higher percent slopes. Armoring with washed gravel may also be utilized near culvert inlets and outfalls depending upon grade characteristics. Where velocities or discharge warrants, concentrated volumes will be dispatched on the hill sides or directed to existing natural drainage ways. Water bars will be introduced to stabilize broad channels and prevent excessive erosion during the construction process. Silting will be a problem, however, temporary silt basins will be utilized if this becomes a problem in the course of construction. These will be large sections of concrete corrugated metal pipe, plus or minus 4 feet deep, set in drainage courses or outfalls to the storm drain system to prevent excessive distribution of fines during periods of concentrated run-off. d. Culverts: The minimum culverts size will be 12 inches of asphalt coated corrugated galvanized metal pipe. Larger sizes will be used where needed El and will be a minimum of 15 inches. All culverts will have a minimum 3 foot coverage to protect against frost heaves. Larger size pipes will have flanged inlets and outfalls to facilitate appearance and minimize erosion on adjacent fill slopes. No culvert or storm drain pipe will outfall on fill slopes but will be dropped within the fill to discharge on undisturbed material at the toe of the slope. e. Miscellaneous Devices: Although not anticipated, berm ditches, interceptor trenches or drains will be utilized if required. Additional stabilization will occur with seeding, mulching and planting as indicated in that section. All of the above as well as the planting materials and methods will be included on the drawings and specifications issued to the contractor as working documents. In summary, everything required by sound engineering practice will be employed to protect the environment and present a pleasing aspect for a quality development. The development will not cause unreasonable highway congestion or un- safe conditions with respect to the use of the highways. No Text July 15, 1974 STATE,�SE'Vi T OF DEVELOPMENT INTENT Ridgewood Estates, utilizing sound planning and architectural principals is a mixed housing concept. Consisting of 99 townhomes and 15 individual 1 acre plus home lots, the objective is to offer the market place all the advantages of individual home ownership, plus the amenities of rural acrerage living yet at a price level beneath current standard "suburbian" sale trends. Ridgewood Estates will offer "Townhomes". Unlike condominium, the owner shall hold full interest in the exterior and interior of his dwelling plus a defined lot for his personal use. Yet the economic benefits derived by clustering the attached dwelling groups allows the offering of added amenities uncommon to standard grid development. In Ridgewood Estates each owner is conveyed equal interest to the following common amenities: 1. Twenty-two acres of open space. 2. Outdoor pool. 3. Two tenni3 courts. 4. Approximately 5,000 sq. ft. of recreational building consisting of saunas; social lounge with kitchen facilities; body conditioning work out room; toilet and locker room facilities. 5. % mile of bike or jogging trails. 6. 1,000 sq. ft. garden space for each occupant. 7. 14 acre natural pond. 8. Trailer or boat storage facilities. 9. Children's "tot lot" play area. The plan offers each dwelling unit to be oriented to open spaces providing a feeling of openness for each owner. Built on the natural rolling contours of the land, Ridgewood Estates allows rural living in the heart of the City. The intent of Ridgewood Estates is to provide an alternative to better living in the suburbian environment. BY. -LAWS OF THE RIDGEWOOD ESTATES CORPORATION ARTICLE I APPLICATIM OF BY -.LAWS Section 1. Applicability of By -Laws. The provisions of these By -Laws are applicable to the Property of The Ridgewood Estates Corporation, a nor -profit corporation organized under the laws of the State of Vermont. The term "Property" as used herein shall include the land, buildings, and all other improvements thereon owned in fee simple absolute and all easements, rights and appurtenances thereto belonging to The Ridgewood Estates Corporation. Section 2. Application. All present and future owners, mortgagees, lessees, and occupants of dwelling units in Ridgewood Estato and their employees, and ary other persons who may use the facilities of the Property in any manner are subject to the By -Laws and the Rules and Regulations of The Ridgewood Estates Corporation. The acceptance of a deed or conveyance or the entering into of a lease or the act of occupancy of a dwelling unit in Ridgewood Estates shell constitute an agreement that these By -Laws and Rules and RoMil.ations as they may be amended from time to time, are accepted, ratified and will be comp%-J.ed with. Each unit owner or owners shall., by virtue of their holding titles to a dwelling unit in Ridgewood Estates, become a member of The Ridgewood Estates Corporation, and shall hold one(1) membership certificate in said Corporation and shall be bound by all of the provisions contained in the Certificate of Incorporation the By -Laws and the Rules and Regulations Of said Corporation as they presently exist or as they may be amended thereafter from time to time. Section 3. Office. The office of the Corporation and of the Board of Directors shall be located at ! la ChVM� 9- �Vw�1,�f�o,v, Vesta ARTICLE II BOARD OR DIRECTORS Section 1. Number and Qualifications. The affairs of The Ridgewood Estates Corporation shall be governed by a Board of Direc- tors consisting of four (4) persons. The initial members of the Board of Directors will be appointed by the incorpor• ators of the Ridgewood Estates Corporation and each shall have a term of office of four years# commencing from the date of incorporation of the Ridgewood Estates Corporation. Thereafter, the Board of Directors shall be composed of four (4) persons, all of whom shall be unit owners, and therefore members of said corporation, it being understood that should any unit be owned as a tenancy in common, joint tenancy with survivorship rights, or be owed by a partnersht or corporation, or in a fiduciary capacity, or otherwise, then, and in any such event, such unit owner or owners of a unit shall designate one (1) person having an ownership interest in any such unit as the representative of the interest is the total ownership of such unit and such person shall be eligible for election to the Board of Directors, provided, however, that in the case of corporate ownerships, any officer or employee of such corporation shall be eligible for election to the Board of Directors, provided, however, that in the case of corporate ownership, any officer or employee of such corporation shall be eligible to repre. sent the ownership interest in the unit, Said Board of Directors shall be divided into two classes. The unit owners shall elect by majority vote two (2) direc- 1 4 WO A QH4 4—a W ohre-furs I tors to serve for a period of ~ (� yeari1 At the e)Rpir- a. rtlk('101 ation of the initial term of office of each respective Director, his successor shall be elected to serve for a period of two (2) years. The Directors shall hold office until their successors have been elected and have had their first meeting. Section 2. Powers and Duties. The Board of Directors shall have the Powers and duties necessary for the administration of the affairs of the Corporation and shall do all such acts and things except as prohibited by law, and the Rules and Regulations of these By -Laws. Such powers and duties of the Board of Directors shall include, but shall not be limited to , the following: (a) Operation, care, upkeep and maintenance, repair and replacement of the common areas and facilities. (b) Determination of the common expenses required for the affairs of the Corporation, including, without limitation, the operation and maintenance of the Property. (c) Collection of the common charges from the unit owners. (d) Employment and dismissal of the personnel necessary for the maintenance, operation, repair and replace- ment of the common areas and facilities. (e) Adoption and amendment of rules and re "tions covering the details of the operation and use of the Property. . (f) Opening of bank accounts on behalf of the Corporation and designating the signatories required therefore. (g) Granting of licenses (h) Obtaining of insurance for the property, including the units, pursuant to the provisions of Article V, Section 2 hereof. W Making repairs, additions and improvements to or alterations of the Property and repairs to and restoration of the Property in accordance with the other provisions of these By -Laws, after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings. (j) Approving the payment of vouchers for maintenance, repairs and replacement of the common areas and the authority to delegate the payment of such vouchers to the Treasurer of the Corporation if The Board of Directors so desires. (k) Adopting and amending reasonable Rules and Regu- lations governing the conduct of the unit owners and the operation and use of the Property. The Board shall have the power to levy fines against the unit owners for violation thereof, provided that no fine may be levied for more than $5.00 for any one violation; but for each day a violation continues after notice, it shall be considered a separate violation. Collection of the fines may be enforced against the unit owner or owners involved as if the fines were a common charge owned by the particular unit owner or unit owners. (1) The Board of Directors may also enforce by other legal means, the provisions of the By -Laws, and the Rules and Regulations for the use of the Property belonging to the Corporation. (m) To establish the fiscal, year of the Corporation. (n) To require agents as well as officers and members of the Corporation to be bonded when the Board of Directors, in its sole discretion, deems it proper to do so. Section 3. Managing Agent and Manager. The Board of Directors may employ for the Corporation, a managing agent or a manager at a compensation established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize. Section 4* Removal of Members of the Board of Directors. On or after. January 1, 1978, any one or more of the members of the Hoard of Directors may be removed, with or without cause, by a majority of the unit owners and a successor may then and there or thereafter be elected to fill the vacancy thus created. Any member of the Board of Directors whose removal has been proposed by the unit owners shall be given an opportunity to be heard at the meeting. Section 5. vacancies. vacancies in the Board of Directors caused by any reason other than the removal of a member thereof by a vote of the unit owners, shall be filled by a vote of a majority of the remaining members at a special meeting of the Board of Directors held for that purpose promptly after the occurence of any such vacancy, even though the members present at such meeting may constitute less than a quorum, and each person so elected shall be a member of the Board of Directors for the remainder of the term of the member so replaced and until a successor shall be elected at the next annual meeting of the unit owners. Section 6. Rear Meetings. Regular meetings of the Board of Direc- tors may be held at such time and place as shall be determiaed from time to time by a majority of the members of the Board of Directors, but at least two(2) such meetings shall be held during each fiscal, year. Notice of regular meetings of the Board of Directors, shall be given to each member of the Board of Directors, by mail or telegraph, at least three(3) business days prior to the day named for such meeting. Section 7. Special Mee tings. Special meetings of the Board of Directors may be called by the President in five(5) business days notice. Notice to each member of the Board of Directors, given by mail or telegraph, which notice shall state the time, place and purpose of the meeting, Spceial meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of at least three (3) members of the Board of Directors, Section 8. Waiver of Notice. .Any member of the Board of Directors may, at any time, waive notice of any meeting of the Board of Directors in writing, and such Waiver shall be deemed equivalent to the giving of such notice. Attendance by a member of. the Board of Directors at any meeting of the Board shall constitute a waiver of notice by him of the time, place and purpose thereof. 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 9. Quorum of Board of Directors. At all meetings of the Board of Directors, a majority of the members thereof shall constitute a quorum for the transaction of business, and the votes of a majority of the members of the Board of Directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. If at any meeting of the Board of Directors there shall. be .less than a quorum present, a majority of those present may adjourn the meeting from time to time. At any such adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called, may be transacted without further notice. Section 10, Compensation. No member of the Board of Directors shall receive any compensation from the Corporation for acting as such. Section 11. Liability of the Board of Directors. The members of the Board of Directors shall not be Liable to the Corporation or to the unit owners for any mistake or judgement, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The Corporation shall indemnify and hold harmless, to the extent permitted by law, each of the members of the Board of Directors against all liability arising out of his conduct on behalf of the Corporation, unless such conduct shall have been in bad faith. It is intended that the members of the Board of Directors shall have no personal liability with respect to any Contract made by then on behalf of the Corporation (except as unit owners.). Any agreement made by the Cor- poration, or by the Manager, unless it is made solely by the Corporation in its corporate capacity, shall provide that the members of the Board of Directors or the Manager, as the case may be, are acting only agents for the Corpor- ation and have no personal liability. ARTICLE III UNIT OWNERS - Members of the Corporation Section 1. Annual. Meetings. Within thirty (30) days after the sale of 55% of the units in Ridgewood Estates or at any time prior thereto, at the sole option of the Board of Direc- tors of the Corporation, the first annual meeting of the unit owners shalt be held after the call issued by the Board of Directors. Thereafter, the annual meeting of the unit owners shall be held on the fifteenth day of May of each succeeding year. The unit owners may trans- act such business as may properly come before them. Section 2. Place of Meetings. Meetings of the unit owners shall be held at a suitable place convenient to the unit owners as may be designated by the Board of Directors. Section 3. Special Meetings. It shall be the duty of the President to call a special meeting of the unit owners if so directed by resolution of the Board of Directors or upon a petition signed and presented to the Secretary by not less than fifty percent (500 of the unit owners. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice. Section 4. Notice a of Meeetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting of the unit owners, at least five (5) but not more than ten (10) days prior to such meeting, stating the purpose thereof as well. as the time and place where it is to be held, to each unit owner of record, at his unit or at such address as such unit owner shall have designated by notice in writing to the Secretary. The mailing of a notice of meeting in the manner provided in this section shall be considered service of notice. Section 5. Adjournment of Meetings. If any meeting of unit owners cannot be held because a quorum has not attended, a majority of the unit owners who are present at such meeting, either in person or by proxy, may adjourn the meeting to a. time not less than 72 hours from the time the original meeting was called. Section 6, Order of Business. The order of business at all meetings of the unit owners shall be as follows: (a) Roll call (b) Proof of notice of meeting (c) Reading of minutes of preceeding meeting (d) Reports of officers (e) Report of Board of Directors (f) Report of Committees tg) Election of inspectors of election (when so required) (h) Election of members of Board of Directors (when so required) (i) Unfinished business (j) New business. Section 7. Title to Units. Title to units may be taken in the name of an individual or in the names of two or more persons as tenants in common or as joint tenants, or in the name of a corporation in partnership or in the name of a fiduciary or other legal entitler or combination thereof. Section 8. Vow. The owner or owners of each unit, or some person designated by such owner or owners to act as prosy on his or their behalf and who need not be an owner, shall be entitled to cast the votes appartenant to such unit at all meetings of unit owners. The designation of any such proxy shall be made in writing to the Secretary, and shall be revocable at any time by written notice to the Secretary by the owner or owners so designating. Any or all of such owners may be present at any meeting of the unit owners and (those constituting a group acting unanimously), may vote or take any other action as a unit owner either in person or by proxy. Section 9. Majority of Unit Owners, As used in these By -Laws, the term "majority of unit owners" shall mean those unit owners in the aggregate who comprise more than 50% of the zmembershlb in the Ridgewood Estates Corporation. ARTICLE IV OFFICERS Section 1. Designation. The principal officers of the Corporation shall be the President, the Vice President, the Secretary, and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer, an assistant secretary and such other officers as in its judgement may be necessary. The President and Vice President, but no other officers, need be members of the Board of Directors. Section 2. Election of Officers. The officers of the Corporation shall be elected annually by the Board of Directors at the organ- ization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors. Section 3. Removal of Officers. Upon the affirmative vote of a majority Of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor may be elected at any regular meeting of the Board of Direc- tors, or at any special meeting of the Board of Directors called for that purpose. Section 4. President. The President shall be the chief executive officer of the Corporation. He shall preside at all meet- ings of the unit owners and of the Board of Directors. He shall have all of the genera, powers and duties which are incident to the office of President of a stock corpor- ation organized under the laws of the State of Vermont, including, but not limited to, the power to appoint commit. tees from among the unit owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Corporation. Section 5. Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other aember of the Board of Directors to act in the place of the President, on an interim basis, The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President. Section 6. Secs. The Secretary shall keep the minutes of all meetings of the unit owners and of the Board of Directors; he shall have charge of the books and papers as the Board may direct; and he shall, in general., perform all the duties incident to the office of secretary of a stock corporation organized under the laws of the State of Vermont. Section 7. Treasurer. The Treasurer shall have the responsibility for Corporation funds and securities and ahall be responsibi for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all rewired financial data., He shall be responsible for the deposit of all monies and other valuable effects in the name of the Corporation, or the managing agent, in such depositories as may from time to time be designated by the Board of Directors, and he shall, in general, perform all the duties incident to the office of treasurer of a stock corporation organized under the laws of the State of Vermont. Section 8. Agreements, Contracts, DeedsL Checks etc,. All agreements, contracts, deeds, leases, checks and other instruments of the Corporation shall be executed by any two officers of the Corporation or by such other person or persons as may be designated by the Board of Directors. Vouchers for the payment of Corporation funds shall be approved by the Treasurer before payment. Section 9. Cow Lion of Officers. No officer shall receive any compensation from the Corporation for acting as such. Section 10, Quorum of Unit Owners, Except as otherwise provided in these By -Laws, the presence in person or by proxy of unit owners having more than fifty percent (50%) of the total authorized votes of all unit owners shall constitute a quorums at all meetings of the unit owners, Sections 11. Majority, Vote. The vote of a majority of unit owners at a meeting at which a quorum shall be present shall be binding upon all unit owners for all purposes except where the Declaration or these By -Laws or by law, a higher per�- centake vote is required, Section 12, Parliamentary Procedure. At all meetings of the unit owners or of the Board of Directors, Roberts' Rules of Order, as to such date amended, shall be followed, except when in conflict with the By -Laws or the Declaration, In the event of such a conflict, the By -Laws or Declaration , as the case may be, shall prevail, ARTICLE V OPERATION OF THE PROPERTY Section 1. Determination of Common Expenses and Fixing of Common Chars es. The Board of Directors shall from time to time, and at least annually, prepare a budget for the Corporation, determine the amount of the common charges payable by the unit owners to meet the common expenses of the Corpor- ation, and allocate and assess such common charges among the unit owners. Section 2. Insurance. The Board of Directors shall be required in the name of the Corporation to obtain and maintain all the necessary liability, fire insurances, and other types of insurances deemed desirable. Section 3. R_spair or Reconstruction After Fire or Other Casualty. In the event of damage to or destruction of the buildings belonging to the Corporation as a result of fire or other casualty (unless there is substantially total destruction of the property), the board of directors shall arrange for the prompt repair and restoration of the buildings, using the proceeds of insurance, if any, on the building for that purpose. In the event of fire and/or destruction to any unit in Ridgewood Estates the repair and/or reconstruction of such a unit will, be done in accordance with plans and specifications provided by the Corporation. Section 4. Payment of Co=Dn Charges. All unit owners shall be obligated to pay the common charges assessed by the Board of Directors pursuant to the provisions of Section 1 of this Article V at such time or times as the Board of Directors shall determine, Section 5. Collection of Assessments. The Board of Directors shall assess common charges against the unit owners from time to time and at least annually and shall, take prompt action to collect any common charge due from amy unit owner which remains unpaid for more than thirty (30) days from the due date for payment thereof. Section 6. Default in Payment of Common Charges. In the event of default by any unit owner in paying to the Board of Directors the common charges as determined by the Board of Directors, such unit owner shall be obligated to pay interest at the rate of 9% per annum on such common charges from the due date thereof, together with all expenses, including attorneyrs fees, incurred by the Board of Directors in any proceeding brought to collect such unpaid common charges. The Board of Directors shall have the right and duty to attempt to recover such conwn charges, together with interest thereon, and the expenses of the proceedings, including attorney's bees, in an action to recover the same brought against such unit owner. Section 7. Statement of Common Charges. The Board of Directors shall, promptly provide any unit owner so requesting the same in waiting, with a written statement, of all unpaid common charges due from such unit owner. Section 8. Abatement and Enoinment of Violations by Unit Owners. The violation of any rule or regulation adopted by the Board of Directors or the breach of any By -Law contained herein, shall give the Board of Directors the right, in addition to any other rights set forth in these By -Laws to enjoin, abate or remedy by appropriate legal proceedings, either by law or in equity, the continuance of any such breach. Section 9. Maintenance and fir. All maintenance, repairs and replacements to the common areas and facilities, owned by the Corporation, to the extent not covered by insurance, shall be made by the Corporation. Section 10. Restriction on Use of Units. In order to provide for congenial occupancy of the Property and for the protection of the values of the units, the use of the Property shall be restricted to and shall be in accordance with the following provisions: (a) The units shah be used for residences only, except that a prefessional office or household occupation may be permitted with the written approval of a majority of the Board of Directors. (b) The common areas and facilities shall be used only for the furnishing of the services and daciliti.es for which they are reasonably suited and which are incident to the use and occupancy of units. (c) No nuisances shall, be allowed on the Property nor shall any use or practice be allowed which is a source of annoyance to its residents or which interferes with the peaceful possession or proper use of the Property by its residents. (d) No inmoral, improper, offensive or unlawful use shall be made of the Property or any part, thereof, and all valid laws, zoging ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. Provisions of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof, relating to any portion of the Property, shall be complied with, by and at the sole expense of the unit owners or the Corporation, whichever shall have the obligation to maintain or repair such portion of the Property. Section 11. Additions, Alterations or Improvements by the Board of Directors. Whenever in the judgment of the Board of Direc- tors the common areas and facilities shall require addition* alterations or improvements costing in excess of $2,5D0, the Board of Directors shall proceed with such additions, alterations or improvements, only with the consent of a majority of the unit owners, and shall assess all unit owners for the cost thereof as a common charge. Any additions, alterations or improvements costing $2,500 or less may be made by the Board of Directors without approval, of the unit owners, the cost thereof shall, consti- tute part of the common expenses. Section 12. Additions, Alterations or Improvements by Unit Owners. In order to amintain and ensure the architectural integrity of Ridgewood Estates as originally established by its developers no unit owner shall make any structural additions, alterations and/or changes in the exterior finishes of the buildings. Any such changes in the structure, and/or changes in the exterior finishes can only be made upon the approval of three -fourths of the membership of the Corporation. The above prohibitions and qualifications do not pertain to the implacement by the unit owner of a patio or con- structed and/or planted instrument for the purpose of dividing the adjoining property. Such actions by a unit owner can only be done in accordance with plans and specifications established by the Corporation, and only with the consent of the Board of Directors after a written request is presented by the unit owner to the Board of Directors. Section 13. Use of Common Areas and Facilities, A unit owner shall not place or cause to be place in the garages, and other common areas and facilities, M other than the areas designated as storage areas, any furniture, packages or objects of any kind. The use of common areas and facil- ities shall be, at all times, subject to such reasonable rules and regulations as may be prescribed and established governing such use by the Board of Directors. ARTICIE VI RECORDS Section 1* Records and Audits, The Board of Directors or the managing agent shall keep detailed records of the actions of the Board of Directors, and the managing agent, minutes of the meetings of the Board of Directors; minutes of the meetings of the unit owners; and, financial records and books of account for the Corporation, including a chronological listing of receipts and expenditures, as well as a separate acount for each unit which, among other things, shall contain the amount of each assessment of common charges against such unit, the date when due, the amounts paid theron, and the balance remaining unpaid* A written report summarizing all receipts and expenditures of the Corporation shall be rendered by the Board of Directors to all unit owners at least quarter-armual.ly* In addition, an annual report of the receipts and expenditures of the Corporation certified by a registered independent public accountant, or a certified public accountant, shall. be, rendered by the Board of Directors to all, unit owners and to all mortgagees of units who have requested the same, promptly after the end of each fiscal year. ARTICLE VII MISCELLANEOUS Section 1. Notices. All notices hereunder shall be sent by regis- tered or certified mail to the Board of Directors c/o the managing agent, or if there be no managing agent, to the office of the Board of Directors, or to such other address as the Board of Directors may hereafter designate from time to time, by notice in writing to all unit owners and to all mortgagees of units. All notices to any unit owner shall be sent by registered or certified mail to the Buildings or to such other address as may have been designated by them from time to time, in writing, tbo the Board of Directors. All notices to mortgagees of units, shall be sent by registered or certified mail, to their respective addresses, as designated by them from time to time, 3n writing, to the Board of Directors. All notices shall be deemed to have been given when mailed, except notices of change of address which shall be deemed to have been given when received. Section 2. Invalidity. The invalidity of any part of these By-laws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these By -Laws. Section 3. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in napway define, Limit or describe the scope of these By -Laws, or the intent of any provision thereof. Section 4. Gender. The use of the masculine gender in these By - Laws shall be deemed to include the feminine gender, and also the neuter gender, and the use of the singular shall, be deemed to include the plural whenever the context so requires. Section 5. Waiver. No restriction, condition, obligation or provision contained in these By -Laws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of vio- lations or breaches thereof which may occur. ARTICLE VIII AMENDMENTS TO BY-LAWS Section 1. Amendments to BX-Laws. These By -Laws may be altered, amended or added to at any duly called meeting of unit owner, provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment; (2) that the amendment shall be approved by three-quarters (3/4) of the unit owners. RULES AND REGULATIONS FOR THE RIDGEWOOD ESTATES CORPORATION 1. No part of the property shall be used for other than housing and the purposes for which the property was designed. Each Unit shall be used as a residence for a single family. 2. 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 of Directors except as hereinafter expressly provided. 3. Nothing shall be done or kept in the common areas which will increase the rate of insurance of any of the buildings, or contents thereof, without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done in the common areas which will result in the can- cellation of insurance on any of the Buildings, or contents thereof, or which would be in violation of any law. No waste shall be committed in the common areas. 4. Unit Owners shall not cause or permit anything to be hung or displayed on the outside of the windows or placed on the outside walls or doors of a building and no sign, awning, canopy or shutter shall be affixed to or placed upon the exterior walls or doors, roof or any part thereof or exposed on or at any window, without the prior consent of the Board of Directors. 5. No animals or reptiles of any kind shall be raised, bred or kept in any Unit or in the common areas, except that a dog, cat, or other household pet approved by the Board of Directors or the Manager, may be kept in a Unit, provided that it is not kept, bred or maintained for any commercial purposes; and provided further that any such pet causing or creating a nuisance or un- reasonable disturbance or noise shall be permanently removed from the property subject to these restrictions upon three (3) days' written notice from the Board of Directors. In no event shall any dog, cat or household pet be per- mitted in any portion of the common areas unless carried or on a leash, or be curbed in any courtyard or close to any patio. 6. No clothes, sheets, blankets, laundry or any kind of other articles shall be hung out of a unit or exposed on any part of the common areas. The common areas shall be kept free and clear of rubbish, debris and other un- sightly materials. 7. Except in recreational or storage areas designated as such by the Board of Directors, there shall be no playing, lounging or parking of bicycles, wagons, toys, vehicles, or placing of benches or chairs, or other similar items, on any part of the common areas, except that terraces and patios may be used for their intended purposes. Storage by owners in areas designated by the Board of Directors shall be at the owner's risk. - 2 - 8. No industry, business, trade, occupation or profession of any kind, commercial, religious, educational or otherwise, designed for profit, altruism, or otherwise, shall be conducted, maintained or permitted on any part of the property, except that a professional office or household occupation may be permitted with the written approval of a majority of the Board of Directors, nor shall any "For Sale", "For Rent" or "For Lease" signs or other window displays or advertising be maintained or permitted on any part of the property or in any unit therein, nor shall be unit be used or rented for transient, hotel or motel purposes. 9. Any consent or approval given under these rules and regulations may be added to, amended or repealed at any time by resolution of the Board of Directors. 10. The parking areas shall not be used for any purpose other than to park automobiles, excluding specifically, trucks, commercial vehicles, trailers, or boats, which may be parked in specially designated areas only. 11. Rules governing behavior for the swimming pool or pools and recreation areas will be promulgated by the Board of Directors and all Unit Owners, their families and guests must abide by such rules. 12. No terrace, balcony or patio shall be covered by any awning, or other- wise enclosed without the consent, in writing, of the Board of Directors. No radio or television aerial shall be attached to or hung from the exterior of the building or terraces except such as shall have been approved, in writing, by the Board of Directors. 13. Unit Owners shall not paint, stain, or otherwise change the color of any exterior portion of any building. When the exterior of a unit requires painting and/or staining the necessary paint or stain shall be acquired through the offices of the corporation. 14. Each Unit Owner shall keep his condominium unit and any balcony or patio to which he has sole access in a good state of preservation and clean- liness. 15. Right is specifically reserved to the Board of Directors of The Ridgewood Estates Corporation to rescind, change or amend the foregoing rules and regulations and to adopt such other rules and regulations as from time to time the Board of Directors may deem necessary. 16. Complaints regarding the service of the Corporation shall be made in writing to the Board of Directors or to the Management Agent. 17. No Unit Owner or resident shall direct, supervise or in any manner attempt to assert any control over any of the employees of the Association or the Management Agent, nor shall he attempt to send any of such employees upon private business of such Unit Owner or resident. 18. Unit Owners shall be held responsible for the actions of their children and their guests. N Ad W i Results Planning Commission MeetinU of August 19, 1974 concerni�lg 14 criteria to be met by Ridgewood Estates Proposed Development Criteria #1 Accepted Fred Blaise stipulates that no salt will be used on all paved areas. Criteria #2 Accepted based on letter from R. W. EMERICK dated August 6, 1974 stating that ". . . development will create no burden on the existing water facilities in the area." Criteria #3 Accepted based upon Mr. Flinn's Erosion Central Statement of August 7, 1974. Criteria #4 Accepted C la - ,tea ..r�f,�� �' Criteria. #5 Accepted based upon letter by Frederick H. Tuttle recommending that ". . . construction . . . will not cause an unreasonable burden." Criteria #6 Accepted based upon ". . . the auestion of Public -v private ownershi of the interior roads--ln light o e Ity Engineers,or the coming recommendations --will be determined at the time of the subdivision hearin— and - le planning miss on r"dcommenas that the alty7herotiates with the developer to install an 8 inch forced sewer pzoe r7MVTtv D De With the nitv navin""T-a griMI _ tonal cost ns a . er over and a an o incn gravity Criteria #7 Accepted subject to the following stipulation provided by Mr. Blais. "Ridgewood Estates would be will- ing to allow access for the purpose of bike trails consis- tent with the proposed municipal bike trail system, to traverse the Ridgewood Estates property in a general north to south direction." 2 Criteria #8 Accepted that ". ditions for section 8 Richard A. Spokes . . Criteria #9 Accepted . . developer has as covered in the . dated August 12, satisfied the con - letter from 1974.11 Criteria #10 Accepted ". . . acknowledging the stipulation by the developer regarding the trail system." Criteria #11 Accepted Criteria #12 Accepted ". . . with the understanding that the develop- er has agreed that the entire sewer connection (sewer line and pumping station) will be covered by a performance bond a t bl 4- th C' t M It ccep a e o e i y anager. Criteria #13 Accepted ". . . with the following provisional timetable: Phase 1 to be begun in Fall of 1974 or Spring of 1975, depend- ing upon environmental hearings, financing, etc. and that the development will be completed in 3 to 5 years thereafter." Criteria ##14 Acce ted with Statement of Development Inten (by Developer dated July 15, 197 ." Mrs. Maher: " I would like to sum up what we have done here." She than made the following statement "The Planning Commission concludes that the developer of Ridgewood Estates has complied with the 14 criteria of Article 12.002-A. of the South Burlington Zoning Ordinances. We request that the City Council examine all of the relative motions, subsidiary motions, explanations and general discussion in order to fully understand the reasons for our con- clusions. "The Planning Commissicn hopes the City Council reconizes that on some of the 14 criteria, we will work in much greater depth with the developer, our City Manager and City Planner during sub- divisions hearings. The latter statement assumes that tl�is development receives City Council approval and Environmental Board Approval." 3 Mr. Levesque moved to adjorn and Mr. Wessel seconded the motion. Mrs. Maher recessed the meetion at 11:00 P.M. 4 0 Q- T "J z� /✓ I-- P.-' �".'�df� zo ' Q _� 1% Cr? a v �c/. ,:;�r r� -y Z ,-14 / r7rr e Jam" o �-2: �.�*�'� ,�iG�G//l� //7 o•/.S Cd�-�G ✓!' C c�Vj� !�i* C/ L' / Gaso�,G 0 -Irma /U,.CCWGr� zr In O fZn Z cn �N r z _ Z 0 f n -� = Q z 'a D m D Z N (n 0 ;f Z n D m D r o M Zm ;u m o " N U1 46 Ex/ 5 T/ MG P,4VE0 AREA 8=0" WALK 2=0" 24 / VERrI A, L t <.� CURVE Nr_n CRUSHED STONE, - 6" DEEta, AS 'OEQ Vr. D.O.K. 4w704,/7 Q n/7/J� \ EX/S7'/NC9 GRADE SCOPES VARY SAND eOQROW AS PER V r. O.O.H. & 703.0 3 TO SE COMPAcrED //Y /2 LAYERS TO 959kc ^jAx. DRY OE/YS/TY TYP / CAL WALK SECT/ON IN F/L L AREA SCALE: /"=40' MIN. G" TOPSO/L FOR SEED/NG S --� 2 0 6) n ;u zr 0 N Ln Z —� O D c �r �r r Z 0 mr N =a - z ;> m D Z V N - 0 D f Z n rD m D r 0 m C m Vi Ex/S7/NG PAVEO AREA _ 8 -O WALK CRUSNED STONE 6 " DEEP, A S PE k V r. O.O.H. tr 704.0 Z, O„ O / rc.� Ex/Sr/NCa- 4RADE SLOPES VARY i NflN. Ga" 7—OPSO/L FAQ SEEDl tVCz RIP -RAP 0/7-CH W/rH TYPE I STONd �=/LL AS .OER Vr. O.O.K. l'2706.OS SAND BORQOW A 3 PER VT. O.O. H. &1'703.03 TO 6,E COMPACTED TO 95% MAX. O/eY DENS / rY , /2 "DEEP TYPICAL WALK SECTION N CUT AREA SCALE'. /"=4.0' 1 S1 INSURANCE REAL ESTATE Smith Bell & Thompson p INCORPORATED 102 SOUTH WINOOSKI AVENUE, BURLINGTON, VERMONT 05401 002-6584M 4b July 26, 1974 Mr. Fred Blais CBC Realty $ Development Inc. 86 Suburban Square South Burlington, Vermont Dear Fred: Pursuant to your request for data relative to the demand for housing in South Burlington, specifically in the above $40,000 price range, I submit the following. South Burlington generally, and more specifically the southern portion of the city, is considered to be the most desirable area in Greater Burlington to live. We estimate that 50 to 60% of our clients initially request to look on the south side of Burlington for housing. This encompasses both people presently residing in this area and newcomers. Unfortunately, because of the demand, most often we have very little property to show in the above described area. Our agency, in 1973, sold 14 properties located in the subject section of South Burlington. We estimate that we could have doubled that number, had there been availability. In checking with Hickok & Boardman and Lang, our two nearest competitors, their experience is much the same. The records of the Multiple Listing Service for the past 12 months, which incidentally consists of 42 Realtor agencies and 110 full time agents, show that approximately 85 homes were sold in South Burlington with 62% sold on the south side. Forty seven of the total sold for over�$404,000. (1) 113. 1 MLS REALTOR WL—LF LUStfR SERVICE SB INSURANCE &T REAL ESTATE Mr. Fred Blais Page Two July 26, 1974 With specific reference to your proposed Ridgewood Estates, I can say with considerable confidence that the residential lots you are proposing will be sold almost immediately upon construc- tion of services to them. The condominium portion of the proposed development will be successful, primarily because of the location. Consideration is also given to the anticipated fall start of the project. This, combined with location, allows your project to be the first bonafide rondo-P.U.D, project in the area and should result in the sale of the 94 units over a three to four year period, barring any unforseen, drastic changes in our economy. I hope the preceeding is helpful in your evaluation of the marketing potential of your project. RAM/efm i t Since}�e ly, A. idyette Vice Pres. & Gen'l. Mgr. Real Estate Division anes 4 acob,.,. REAL ESTATE U) TEL. 802 863-5516 205 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 July 25, 1974 South Burlington Planning Commission South Burlington, Vt. Attention: Mrs. Mary Barbara Maher, Chairman Dear Mrs. Maher: Our Agency has been requested to comment on housing types,'"` costs and characteristics of the most imminent need in the area. Generally lower priced homes are of the most imminent need. However, it is recognized that with present costs of development these can not be delivered as new units to market without signi- ficant financial subsidy. Housing starts in the last 3 or 4 years have been fewer than might be considered normal. Therefore any additional housing starts at this time are needed to offer supply and choice to the market place. Any development technique that can assist in keeping costs down in face of present inflation should be encouraged. However, houses of the mid and upper income ranges are frequently bought by existing citizens, therefore, leaving existing units in the market for mid and lower income range buyers. In general the market can support additional housing starts now and for the immediate future. Respectfully submitted, :.7 Peter L. Jacob ealtor JANES 6 JACOB, INC. PLJ/rb Branch Office, Dairy Center, Enosber8, Vermont 05450 SOUTH BURLINGTON SCHOOL DISTRICT SOUTH BURLINGTON, VERMONT 05401 FREDERICK H. TUTTLE Superintendent LAWRENCE E. LECOURS Assistant Superintendent Mr. William J. Szymanski City Manager 1175 Williston Road South Burlington, Vermont 05401 Dear Bill, OFFICE: SOUTH BURLINGTON HIGH SCHOOL Dorset Street August 15, 1974 The School Directors took the following action at their regular meeting on August 14, 1974. They approved my recommendation that construction of the Ridgewood Estates development and the Pinehurst Associates development "will not cause an unreasonable burden on the ability of (this) municipal- ity to provide educational services". If you have any questions, please contact me. Sincerely yours, Frederick H. Tuttle Superintendent of Schools cc: Mr. Michael D.`Flaherty Mrs. Mary Barbara Maher Mr. Richard Ward MEMO R"A N D UM TO: PAUL A. FARRAR, COUNCILMAN FROM: RICHARD WARD, ZONING ADMINISTRATOR RE: GENERAL INFORMATION REGARDING EXISTING AND PROPOSED DEVELOPMENTS DATE: August 26, 1974 PART I In the past five (5) years South Burlington averaged 35 housing units per year (most were single family units). This office can only report on one and two family units since we have had no experience with condominiums. The last apartment complex constructed in South Burlington was the Village Green Apartments complex which was started in 1969. Presently South Burlington has two active sub -divisions (Dumont's on Barrett Street and Potter's on Spear Street). Dumont Construction Company averages about 12 housing starts per year. Potter had constructed 15 units to date and these are condominiums. Country Club Estates is very near completion with no lots available. It would appear the construction of single family dwelling units will decrease this year, this office has issued permits for 16 units since January 1974. The developmental time -table furnished by Potter and Pine Brook (Haas) is about 15 units each, yearly. South Burlington could have approximately 45 housing starts per year by Dumont, Potter and Haas. PART II In answer to a question raised regarding Ridgewood Estates being in conformity with the City Master Plan: The entire southeast quadrant is planned as an Agricultural -Rural Residential District. Ridgewood Estates proposes some large lots for single family homes and some townhouses. These are allowable uses, therefore the proposed development is in conformity with the Master Plan. Richard Ward, Zoning Administrator MEMORANDUM TO: PLANNING COMMISSION FROM: FRED MITCHELL, CITY PLANNER HE: RIDGEWOOD ESTATES DATE: SEPTEMBER 13, 1974 The basic ingredients of a planned residential develop= ment desi,,n should embody the principles established for an adequate placement of structures, livability space, recreption and open space, circulation patterns, parking and utility design that will result in a desired living enviornment. By skillful design all plan elements are advantageously related in an effi- cient and economical manner which relate to each other and to various off site influences as well. The result is the crea- tion of a "neighborhood environment" thp.t is desirable not a ~only to the development but to the city as well. Additionally, the city has the responsibility to see that safe, efficient and harmonious relationships of land use are created and that inherent in any development no hardships or conflicts with respect to utilization of land are created. With these general thoughts in mind I have reviewed the proposed plan and offer the following comments: 1) The density of 2 dwelling units to the acre, as pro- posed for the development, does not conflict with the existing, largely rural and low density surrounding land use. 2) The establishment of townhouse type units in conjunc- tion with single family large lot units creates a diversity of not only density of land use, but also intensity of use. 3) Because of various soil limitations for development the overall layout of the site 'plan with respect to dwelling units has been designed in such a way as to utilize the land in locations that will best sustain construction. The exception to this could possibly be the location of the lots surroundin- the cul-de- sac. Additionally, the location of the townhouses on the ridge, allows for the possibility of varying the levels of construction resulting in different building heights. -2- i 4) The proposed traffic circulation system and result- ing design of streets will be mostly internal to development, thus reducing the desirability of motor- ists to "cut thru on the proposed,Ridgewood Drive. 5) The proposed open space and recreational facilities are adequate for the development. One concern that I have would be the possible impact upon off site facilities such as baseball diamonds that the city currently maintains. A review of existing facilities and programs should be undertaken to determine at what point in time these should -be upgraded and im- proved to meet any new demands that may be placed on them by this or any other developments. 6) The steps outlined by the developer to protect the existing trees, natural topography and prevent soil erosion is a positive move to preserve these ameni- ties of the site. �) The arrangement of parking for the townhovses.is pro- posed in such a way that the visual impact of the parking lots is reduced when one looks in from Swift or Dorset Streets. 8) The development will cause additional traffic genera- tion within the area, however the roads, with proper maintaince, have the desi,-n capacity to accomodate the anticipated increase in volumes. 9) With reference to the development conforming to the adopted comprehensive plan, I feel the developers have addressed themselves, in a positive manner, to the criteria established on pages 26 and 27 of the plan which address the City's goals for the southeast quadrant. I feel that the proposed development will result in an efficient use of land resulting in a smaller network of utilities and streets and that a desirable housing environment will result. With the compliance to the zoning and subdivision regulations, recommendations of the City Manager, City Council and Planning Commission I would recommend that'the,plari be given conceptual approval and with the comp.Liance to other permits from other authorities as is necessary, the developer urged to submit de- tailed plans for Phase I development as early as possible. M E M O R A N D U M To: Planning Commission From: City Manager Szymanski Re: Ridgewood Estates Date: June 17, 1975 1. Water, sewer, and drainage lines should clear buildings by at least 10 feet. 2. Easements for utilities should be ouside of private land, where possible, and accessable. 3. Drive to cluster closest to Swift Street should intersect north -south drive at 901. 4. Sewer between M.H. 2A and pumping station will have to be larger than an 8" (12") to serve future area to the south. Respectfully s bmitted, William J. S anski City Manager LAW OFFICES OF EWING & SPOKES 86 S"T. PAUL STREET BURLINGTON, VERMONT 05401 June 20, 1975 William J. Szymanski City 'Hanager 1175 Williston Road South Burlington, Vermont 05401 RE: Opinion '?o. 88 Ridgewood Estates - Waiver of Dimensional requirements Dear Bill: The Planning Commission has asked me to review certain legal issues set forth in the minutes of their meeting of June 17, 1975. Basically, they wish to know whether Sections 5.303, 11.20 and 13.70 of the Zoning Ordinance can be reconciled. Section 5.303 indicates that all dimensional requirements set forth in Section 11 of the ordinance may be varied by the Commission in approving a PUD. Section 11.20 provides that notwithstanding other provisions of the ordinance, the minimum depth of yards from the centerline of minor streams shall be 50 feet. Section 13.70 sets forth the boundaries of the CO District which are 50 feet from any minor streams. If it were not for Section 13.70 and the clear definition of the boundaries of the CO District, I would judge that the Planning Commission under their planned unit development review authority could vary the dimensional requirements. Unfortunately, however, they have no authority to vary zoning district boundary lines. This could only be done by a granting of a variance by the Zoning hoard, or more appropriately by amending the "onin.q Ordinance. I can't offer this opinion without expressing my concern that this issue was not raised previously. It is most unfortunate, that this entire project was considered by both the Planning Commission and the Council for well over six months, and the William J. Szymanski __2- June 20, 1975 developer has proceeded in reliance upon the prior approvals. I would question whether we are acting in good faith in raising at the last minute a legal technicality. Regardless of the literal language of our various ordinances and regulations, some degree of reasonableness must be applied in the implementation and enforce- ment of these documents. I hope in the future that all relevant issues can be raised at the appropriate stage to enable the developer to plan accordingly. Very truly yours, nichard A. Spokes RAS: ct cc,. Richard Ward Zoning Administrator August 27, 197A Mr. Alfred A. Calcagni Calcagni Frazier & aj chowski , Inc. S6 St. Paul Stre:+ Burlington, Verrio. t 05401 Re. Ridgewood tr3tates South Burlington, Vermont Dear :=x_.,.11cilnan Farrar rezjuasts the follorrir_g additional infor^iat•ion be furnished prior to t1a, Council acting on your proposed project; 1. Furnisn -the Green %Tountain Boring Company's report on the soil borings. 2. '1'ha August 12th minutes semi vague regarding Point ::4'o. 10, and a more definitive report is requested. 3. A letter stating that the road serving the toomhoases can be used to serve the corner property (Myers) when it is developed. This is if the street is a orivate street. 4. A letter accepting the conditions specified by the Planning Commission when they approve the 14 points. Please su ,.mit t�:is infon-,Lation as soon as possible. --pry truly yours, William J. Szymanski City :-tanager TNJS/11 BY-LAWS OF THE RIDGEWOOD ESTATES CORPORATION ARTICLE I APPLICATION OF BY-LAWS Section 1. Ippl.icsbility of By -Laws. The provisions of these By -Laws are applicable to the Property of The Ridgewood Estates Corporation, a non-profit corporation organized under the laws of the State of Vermont. The term, "Property" as used heroin shall include the land, buildinns, and all othor imroverrents theroon owned in fee simple absolute and all casements, ruts and appurtenances thereto belonging to The Ridnowood Estates Corporation. Section 2. km)li.cati.on, All present and future owners, mort,-agoos, lessees, and occupants of dwelling units in Ridgewood Estate and their employees, and arks other persons who my use the facilities of the Property in any manner are subject to the By -Laws and the Rules and Regulations of The Ridgewood Estates Corporation. The acceptance of a deed or conveyance or the entering into c:' a lease or the act of occupancy of a duelling unit in Ridgewood Estates shall constitute an agreament that those By -Laws and Rules and Rogulstions as they may be amended from time to tuna, ara accepted, ratified and will be conpl,ed with. Each unit owner or owners shall, by virtue of their holding titles to a dwelling unit in Rid;;�wood Estates, become a member of The RidZ;e4,rood Estates Corporation, and shall hold ona(1) moribership certificate in said Corporation and shall be bound by all of the provisions contained in the Certificate of Incorporation the By -Laws and the Rules and ReCul.ations fif said Corporation as they presently exist or as they may be amended thereafter from tir^e to time. Section 3. Office. The office of the Corporation and of the Board of Directors shall be located 0,¢ 11 Chvrc,(, 5¢ ) �r���i�N- Verve,{ ; ARTICIZ II MUM OF DIRECTORS Section 1. h��--ber and Qnalifications. The affairs of The Ridgewood I Estates Corporation shall be governed by a Board of Direc- tors consisting of four (4) persons. The initial members of the Board of Directors will be appointed by the incorpor- ators of the Ridgewood Estates Corporation and each shall have a term of office of four years# cosncing from the date of incorporation of the Ridgewood Estates Corporation. Thereafter, the Board of Directors shall be composed of four (4) persons, all of whom shall be unit owners, and therofore members of said corporation, it being understood that would any unit be owned as a tenancy in coon, joint tenancy with survivorship rights, or be owed by a partners4 or corporation, or in a fiduciary capacity, or otherwise, then, and in any such event, such unit owner or owners of a unit shall designate one (1) person having an ownership interest in any such unit as the representative of the interest is the total ownership of such unit and such person shall be eligible for election to the Board of Directors, provided, however, that in the case of corporate ownerships, any officer or employee of such corporation shall be eligible for election to the Board of Directors, provided, however, that in the case of corporate ownership, any officer or employee of such corporation shall be eligible to repre. sent the ownership interest in the unit. Said Board of Diroctors shall be divided into two classes. The unit owners shall elect by majority vote two (2) direc- L 1 � 4. wo A a �) 4,,,o (Z) dlr«7urS 7o S 6 6 r tors to serve for a period of (2) yeari, At the eXpir- O� pak".d ation of the initial term of office of each respective Director, his successor shall be elected to serve for a period of two (2) years. The Directors shall hold office until their successors have been elected and have had their first meeting. Section 2. PONTers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Corporation and shall do all such acts and things except as prohibited by law, and the'Rules and Regulations of these By-Lawso Such powers and duties of the Board of Directors shall include, but shall not be limited to , the following: (a) Operation, care, upkeep and maintenance, repair and replacement of the co=mn areas and facilities. (b) Determination of the common expenses required for the affairs of the Corporation, i.ncludinc, without limitation, the operation and maintenance of the Property. (c) Collection of the comrron charges from the unit owners. (d) Employment and dismissal of the personnel necessary for the maintenance, operation, repair and replace- ment of the common areas and facilities. 0 (e) Adoption and amendment of rules and regulations coverin the details of the operation and use of the Property. (f) Opening of bank accounts on behalf of the Corporatiann and designating the signatories required therefore. (g) Granting of licenses (h) Obtaining of insurance for the property, including the units, pursuant to the provisions of Article V, Soction 2 hereof. (i) Making repairs, additions and improvements to or alterations of the Property and repairs to and restoration of the Property in accordance with the other provisions of these By -Laws, after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings. (j) Approving the payment of vouchers for maintenance, repairs and replacement of the common areas and the authority to delegate the payment of such vouchers to the Treasurer of the Corporation if The Board of Directors so desires. (k) Adopting and amending reasonable Rules and Regu- lations governing the conduct of the unit owners and the operation and use of the Property. The Board shall have the power to levy fines against the unit owners for violation thereof, provided that no fine may be levied for more than $5.00 for any one violation; but for each day a violation 13 continues after notice, it small be considered a separate violation. Collection of the fines may be enforced against the unit owner or owners involved as if the fines were a common charge owned by the particular unit owner or unit owners. (1) The Board of Directors may also enforce by other legal means, the provisions of the By -Laws, and the Rules and Regulations for the use of the Property belonging to the Corporation. (m) To establish the fiscal year of the Corporation. (n) To require agents as well as officers and members of the Corporation to be bonded when the Board of Directors, in its sole discretion, deems it proper to do so. Section 3. Mena di np Agent and Mranavar. The Board of Directors may employ for the Corporation, a managing agant or a manager at a compensation established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize. Section 4. R^roval of Y,? bers of the Board of Directors. On or after January 1, 1978, any one or more of the members of the Board of Directors may be removed, with or without cause, by a majority of the unit owners and a successor may then and there or thereafter be elected to fill the vacancy thus created. Any member of the Board of Directors whose removal has been proposed by the unit owners shall be given an opportunity to be heard at the meeting. Section 5. Vac_nc:ies. Vacancies in the Board of Directors caused by any reason other than the removal of a member thereof by a vote of the unit owners, shall be filled by a vote of a majority of the remaining members at a special meeting of the Board of Directors held for that purpose promptly after the occarence of any such vacancy, even though the members present at such meeting may constitute less than a quorum, and each person so elected shall be a member of the Board of Directors for the remainder of the tena of the member so replaced and until a successor shall be elected at the next annual meeting of the unit owners. Section 6. Re rnelar Meetir►ns. Regular meetings of the Board of Direc- tors may be held at such time and place as shall be determined from time to tire by a majority of the members of the Board of Diroctors, but at least two(2) such meetings shall be held during each fiscal year. Notice of regular meetings oy the Board of Directors, shall be given to each member of the Board of Directors, by mail or telegraph, at least threa(3) business days prior to the day named for such meeting. Section 7. Sbecial Meetings. Special meetings of the Board of e Directors may be called by the President in five(5) business days notice. Notice to each member of the Board of Directors, given by mail or telegraph, which notice shall state the time, place and purpose of the meeting. Spceial meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of at least three (3) members of the Board of Directors. Section 8. Waiver of Notice* Any member of the Board of Directors may, at any time, waive notice of any meeting of the Board of Directors in writing, and such %Taiver shall be deemed equivalont to the giving of such notice. Attendance by a member of the Board of Directors at any meeting of the Board shall constitutes a waiver of notice by him of the time, place and purpose thereof. 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 9. Quortin of Board of Directors. At all meetings of the Board of Directors, a majority of the members thereof shall constitute a quorum for the transaction of business, and the votes of a majority of the members of the Board of Directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. If at any meeting of the Board of Directors 0 thore shall be less than a quorum present, a majority of those present may adjourn the meeting from time to time. At any such adjourned meeting at which a quorum is present, any business which might hava been transacted at the meeting originally called, ray be transacted without further notice. Section 10. Co". ensation. No. member of the Board of Directors shall receive a" compensation from the Corporation for acting as such. Section 11. Li.abil.ia of the Board of Directors. The members of the Board of Directors shall not be liable to the Corporation or to the unit owners for any mistake or judgement, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The Corporation shall indemnify and hold harmless, to the extent permitted by law, each of the members of the Board of Directors against all liability arising out of his conduct on behalf of the Corporation, unless such conduct shall have been in bad faith. It is intended that the members of the Board of Directors shall have no personal liability with respect to any Contract trade by them on behalf of the Corporation (except as unit owners.). Any agreement made by the Cor- poration, or by the Manager, unless it is made solely by the Corporation in its corporate capacity, shall provide that the members of the Board of Directors or the Manager, as the case may be, are acting only agents for the Corpor- a ation and have no personal liability. ARTICLE III UNIT OWNERS - Members of the Corporation Section 1. Annual Meetings. Within thirty (30) days after the sale of 55% of the units in Ridgewood Estates or at any time 1i-ior thereto, at the sole option of the Board of Direc- tors of the Corporation, the first annual meeting of the unit o•„rners shall be held after the call issued by the Board of Directors. Thereafter, the annual meeting of the unit owners shall be held on the fifteenth day of ivy of each succeeding year. The unit owners may trans- act such business as may properly come before them. Section 2. Place of Meetings. Meetings of the unit owners shall be held at a suitable place convenient to the unit owners as may be designated by the Board of Directors. Section 3. Special Meetinass. It shall be'.the ' duty' of the President to call a special meeting of the unit owners if so directed by resolution of the Board of Directors or upon a petition signed and presented to the Secretary by not less than fifty percent (50%) of the unit owners, The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special Meeting except as stated in the notice. Section 4. Notice of r;tictings. It shall be the duty of the Secretary to mil a notice of each annual or special meeting of the unit owners, at least five (5) but not more than ten (10) days prior to such meeting, stating the purpose thereof as wall as the time and puce where it is to be held, to each unit owner of record, at his unit or at such address as such unit owner shall have designated by notice in writing to the Secretary. The mailing of a notice of maoting in tro manner provided in this section shall be considered service of notice. Section 5. Adjournncnt of M:otinus. If any meting of unit owners cannot be held because a quorum has not attended, a majority of the unit owners who are present at such meeting, either in person or by proxy, may adjourn the meeting to a tine not lass than 72 hours from the time the original meeting was called. Section 6. Order of Business. The order of business at all meetings of the unit owners shall be as follows: (a) Roll call (b) Proof of notice of meeting (c) Reading of minutes of preceeding meeting (d) Reports of officers (e) Report of Board of Directors (f) Report of cor3.ttees fig) Election of inspectors of election (when so required) (h) Election of members of Board of Directors (when so required) (i) Unfinished business (j) New business. Section 7. Title to Units. Title to units may be taken in the name of an individual or in the namss of two or more persons as tenants in common or as joint tenants, or in the name of a corporation in partnership or in the name of a fiduciary or other legal entitler or combination thereof. Section 8. Uot r* The owner or owners of each unit, or some person designated by such owner or owners to act as proxy on his or their behalf and who need not be an owner, shall be entitled to cast the votes appartenant to such unit at all meetings of unit owners. The designation of any such proxy shall be rude in writing to the Secretary, and shall be revocable at any time by written notice to the Secretary by the owner or owners so designating. Any or all of such owners may be present at any meeting, of the unit ou-ners and (those constituting a group acting unanimously), may vote or take any other action as a unit owner either in person or by proxy. Section 9. Ma ority of. Unit Owners. As usod in these By -Laws, the term "majority of unit owners" shall man those unit owners in the aggregate who comprise mare than 50% of the membersh� in the'Ridgawood Estates Corporation. ARTICLE IV OFFICERS So ction 1. Designation. The principal officers of the Corporation shall be the President, the Vice President, the Secretary, and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer, an assistant secretary and such other officers as in its judgement may be necessary. The President and Vice President, but no other officers, need bo members of the Board of Directors. Section 2. Election of Officers. The officers of the Corporation shall be elected annually by the Board of Directors at the organ- ization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors. Section 3. R^zmva1. of Officers. Upon the affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor may be olected at any regular meeting of the Board of Direc- tors, or at any special meeting of the Board of Directors called for that purpose. Section 4. President. The President shall be the chief executive officer of the Corporation. He shalt preside at all most- ings of the unit owners and of the Board of Directors. He shall have all of the general powers and duties which are incident to the office of President Of a stock corpor- ation organized under the laws of the State of Vezront, including, but not limited to, the power to appoint comdt- tees from among the unit owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the -affairs of the Corporation. Section 5. Vise Presi.dont. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint soma other meraber of the Board of Directors to act in the place of the President, on an interim basis. The Vice President shall also perform such other duties as shall from time to tirre be imposed upon him by the Board of Directors or by the President. Section 6. SQcrcatar.V. The Secretary shall keep the minutes of all meetings of the unit owners and of the Board of Directors; he shall have charge of the books and papers as the Board may direct; and he shall, in general, perform all the duties incident to the office of secretary of a stock corporation organized under the laws of the State of Verxwnt. Section 7. Tre_ as mirer. The Treasurer shall have the responsibility for Coloration funds and securities end aha11 be responsibI for keeping full, and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all required financial data,, He shall be responsible for the deposit of all monies and other valuable effects in the name of the Corporation, or the managing agent, in such depositories as may from tuna to time be designated by the Board of Directors, and he shall, in general, perform all the duties incident to the office of treasurer of a stock corporation organized under the laws of the State of Vermont. Section 8, Agreements, Contracts, Deeds.- Checks. otc., All agreements, contracts, deeds, leases, checks and other instruments of the Corporation shall be executed by any two officers of the Corporation or by such other person or persons as may be designated by the Board of Directors. Vouchers for the payment of Corporation funds shall be approved by the Treasurer before payment. Section 9, Compensation of Officers. No officer shall receive any compensation from the Corporation for acting as such. I Section 10. Quorum of Unit Owners, Except as ' otherwise providad in thew By -Laws, the presence in person or by proxy of unit owners having rare than fifty percent (50%) of the total authorized votes of all unit owners shall constitute a quorum at all meetings of the unit o•niors. Section 11 o Ma jorik Vote. The vote of a majority of unit owners at a meeting at which a quorum shall be present shall be binding upon all unit owners for all purposes except where the Declaration or these By -Laws or by law, a higher per- centate vote is required. Section 12. Parliamentary Procedure. At all meetings of the unit owners or of the Board of Directors, Roberts' Rules of Order, as to such date amended, shall be followed, except when in conflict with the By -Laws or the Declaration. In the event of such a conflict, the By -Laws or Declaration , as the case may be, shall prevail* 11 ARTICIS V OPERATION OF THE PROPERTY Section 1. Deter dnati,on of Cq=mon E--penses us:d Fixing, of Corr-ron Charges. The Board of Directors shall, from tire to time, and at least annually, prepare a budget for the Corporation, datormine the amount of the co=,on charges payable by the unit owners to meet the conzon expenses of the Corpor- ation, and allocate and assess such common charges among the unit owners. Section 2. Insirance. The Board of Directors shall be required in the name of the Corporation to obtain and maintain all the necessary liability, fire insurances, and other types of insurances deemed desirable. Section 3. Repair or Reconstruction After Fire 'or Other Casualty. In the event of damage to or destruction of the buildings belonging to the Corporation as a result of fire or other �a casualty (unless there is substantially total destruction e of the property), the board of directors shall arrange for the prompt repair and restoration of the buildings, using the proceeds of insurance, if any, on the building for that purpose. In the event of fire and/or destruction to any unit in Ridgewood Estates the repair and/or reconstruction of such a unit will be done in accordance with plans and specifications provided by the Corporation. 13 Section L. P:i ment of Cor", n Charges. All unit owners shall be obliCated to pay the co=on charges assessed by the Board of Directors pursuant to the provisions of Section 1 of this Article V at such time or times as the Board of Directors shall determine. Section 5. Collection of Assessments. The Board of Directors shall assess co=mn charges against the unit owners from time to time and at least annually and shall take prompt action to collect any co=.on charge due from any unit owner which remains unpaid for more than thirty (30) days from the due date for payment thereof. Section 6. Default in Pa.ym-ant of Com wn Charges. In the event of default by any unit owner in paying to the Board of Directors the common charges as determined by the Board of Directors, such unit owner shall be obligated to pay interest at the rate of 9% per annum on such co=mn charges from the due date thereof, together with all exTenses, including attorneys fees, incurred by the Board of Directors in any proceeding brought to collect such unpaid com wn cha+Nges. The Board of Directors shall have the right and duty to attempt to recover such common charges, together with interest tharoan, and the expenses of the proceedings, including attorneys Zees, in an action to recover the sams brought against such unit owner. :PU".. Section 7. St-t-t•ement of Corr -on Charm-s. The Board of Directors shall pror,tlyy provide any unit owner so requesting the same in writing, with a written statement of all unpaid common charges due from such unit owner. Section 8. Abatexrent and Fnjoinmant of Violations by Unit 0kmers. The violation of any rule or regulation adopted by the Board of Directors or the breach of any By -Law contained herein, shall give the Board of Directors the right, in addition to any other rights set forth in these By -Laws to enjoin, abate or remedy by appropriate legal proceedings, either by law or in equity, the continuance of any such breach. Section 9. Maintenance and Ran,air. A11 maintenance, repairs and replacements to the common areas and facilities, owned by the Corporation, to the extent not covered by insurance, shall be made by the Corporation. Section 10. Restriction on Uss of Units. In order to provide for congenial occupancy of the Property and for the protection of the values of the units, the use of the Property shall be restricted to and shall be in accordance with the following provisions: (a) The units shall be used for residences only, except that a prefossional office or household occupation may be perrcitted with the written approval of a majority of the Board of Directors. a (b) The common areas and facilities shall be usod only for the furnishing of the services and dacilities for which they are reasonably suited and which are incident to the use and occupancy of units. (c) No nuisances shall be allowed on the Property nor shall any use or practice be allowed which is a source of annoyance to its residents or which interferes with the peaceful possession or proper use of the Property by its residents. (d) No immoral, improper, offensive or unlawful use shall be made of the Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. Provisions of laws, orders, rules, regulations:'or requirements of any governmental agency having jurisdiction thereof, relating to any portion of the Property, shall be complied with, by and'at'the sole expense of the unit owners or the Corporation, whichever shall have the obligation to maintain or''repair such portion of the Property. Section 11. Additions, Alterations or lmroy,,• ents by the Board of Directors. Whenever in the judynent of the Board of Direc- tors the common areas and facilities shall require additiong alterations or improvements costing in excess of $2,500, the Board of Directors sh all proceed with such additions, alterations or improvements, only with the consent of a majority of the unit owners, and shall assess all unit or,mers for the cost thereof as a common charge. Any additions, alterations or improveirrents costing $2,500 or less may be made by the Board of Directors without approval, of the unit owners, the cost thereof shall consti- tute part of the common expenses. Section 12. Additions, Alterations or Irproyements by Unit Nners. In order to ardntain and ensure the architectural integrity of Ridgewood Estates as originally established by its developers no unit owner shall make any structural additions, alterations and/or changes in the exterior finishes of the buildin-so Any such changes in the structure, and/or changes in the exterior finishes can only be made upon the approval of three -fourths of the m ership of the Corporation. The above prohibitions and qualifications do not pertain to tho implacement by the unit owner of a patio or con- structed and/or planted instrument for the purpose of dividing the adjoining property, Such actions by a unit owner can only be done in accordance with plans and specifications established by tha Corporation, and only with tho consent of the Board of Directors after a written request is presented by the unit owner to the Board of Directors. t Suction 13• Us of Coon Ares and Facilities, A unit owner shall not pierce or cause to be puce in the garages, and other co.,= n areas and facilities, c� other than the areas designated as storage areas, any furniture, packages or objects of any kind. The use of common areas and facil- ities shall be, at all times, subject to such reasonable rules and regulations as may be prescribed and established governing such use by the Board of Directors. ARTICLE VI Section I. Records and Auditso The Board of Directors or the managing agent shall keep dotail.ed records of the actions of the Board of Directors, and the managing agent, minutes of the meetings of the Board of Directors; minutes of the meetings of the unit owners; and, financial records and books of account for the Corporation, including a chronological listing of receipts and expenditures, as well as a separate acount for each unit which, among other things, shall contain the amount of each assesswnt of common charges against such^unit, the date when due, the amounts paid theron, and the"balance remaining unpaid. A written report suroarizi.ng all receipts and expenditures of the Corporation shall be rendered by the Board of Directors to all trait owners at least quarter.annually. In addition, an,annual report of the receipts and expenditures of the Corporation certified by a registered independent public accountant, or a certified public accountant, shall be rendered by the Board of Directors to all unit otmers and to all mortgagees of units who have recgested the same, promptly after the end of each fiscal year. a A ARTICLE VII MISCELLANEOUS Section 1, Notices, All notices hereunder shall be sent by reLis- tared or certified mail to the Board of Directors c/o the managing agent, or if there be no managing agent, to the office of the Board of Directors, or to such other address as the Board of Directors may hereafter designate from tis".is to time, by notice in writing to all unit owners and to all mortgagees of units. All notices to any unit ou-ner shall be sent by registered or certified mail to the Buildings or to such other address as may have been designated by them from time to time, in writing, to the Board of Directors. All notices to mortgagees of units, shall be sent by registered or certified mail to their respective addresses, as designated by them from time to time, in writing, to the Board of Directors. All notices shall be deemed to have been given when mailed, except notices of change of address which shall be deemed to have been given when received. Section 2. Invalidity, The invalidity of any part of these By-laws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these By -Laws, Section 3. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no�,way define, limit or describe the scope of these By -Laws, or the intent of any provision thereof. Section 4, Gender. The use of the masculine gender in these By - Laws shall be deemed to include the feminine gender, and also the neuter gender, and the use of the singular shall be deemed to include the plural whenever the context so requires. Section 5. Waiver. No restriction, condition, obligation or provision contained in these By -Laws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of vio- lations or breaches thereof which may occur. ARTICLE VIII AMENDMENTS TO BY-LAWS Section 1. Amendments to By -Laws. These By -Laws may be altered, al-rended or added to at any duly called meeting of unit owner, provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment; (2) that the amendment shall be approved by three-quarters (3/4) of the unit owners. RULES AND REGULATIONS FOR THE RIDGEWOOD ESTATES CORPORATION 1. No part of the property shall be used for other than housing and the purposes for which the property was designed. Each Unit shall be used as a residence for a single family. 2. 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 of Directors except as hereinafter expressly provided. 3. Nothing shall be done or kept in the common areas which will increase the rate of insurance of any of the buildings, or contents thereof, without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done in the common areas which will result in the can- cellation of insurance on any of the Buildings, or contents thereof, or which would be in violation of any law. No waste shall be committed in the common areas. 4. Unit Owners shall not cause or permit anything to be hung or displayed on the outside of the windows or placed on the outside walls or doors of a building and no sign, awning, canopy or shutter shall be affixed to or placed upon the exterior walls or doors, roof or any part thereof or exposed on or at any window, without the prior consent of the Board of Directors. 5. No animals or reptiles of any kind shall be raised, bred or kept in any Unit or in the common areas, except that a dog, cat, or other household pet approved by the Board of Directors or the Manager, may be kept in a Unit, provided that it is not kept, bred or maintained for any commercial purposes; and provided further that any such pet causing or creating a nuisance or un- reasonable disturbance or noise shall be permanently removed from the property subject to these restrictions upon three (3) days' written notice from the Board of Directors. In no event shall any dog, cat or household pet be per- mitted in any portion of the common areas unless carried or on a leash, or be curbed in any courtyard or close to any patio. 6. No clothes, sheets, blankets, laundry or any kind of other articles shall be hung out of a unit or exposed on any part of the common areas. The common areas shall be kept free and clear of rubbish, debris and other un- sightly materials. 7. Except in recreational or storage areas designated as such by the Board of Directors, there shall be no playing, lounging or parking of bicycles, wagons, toys, vehicles, or placing of benches or chairs, or other similar items, on any part of the common areas, except that terraces and patios may be used for their intended purposes. Storage by owners in areas designated by the Board of Directors shall be at the owner's risk. f -2- 8. No industry, business, trade, occupation or profession of any kind, commercial, religious, educational or otherwise,'designed for profit, altruism, or otherwise, shall be conducted, maintained or permitted on any part of the property, except that a professional office or household occupation may be permitted with the written approval of a majority of the Board of Directors, nor shall any "For Sale", "For Rent" or "For Lease" signs or other window displays or advertising be maintained or permitted on any part of the property or in any unit therein, nor shall be unit be used or rented for transient, hotel or motel purposes. 9. Any consent or approval given under these rules and regulations may be added to, amended or repealed at any time by resolution of the Board of Directors. 10. The parking areas shall not be used for any purpose other than to park automobiles, excluding specifically, trucks, commercial vehicles, trailers, or boats, which may be parked in specially designated areas only. 11. Rules governing behavior for the swimming pool or pools and recreation areas will be promulgated by the Board of Directors and all Unit Owners, their families and guests must abide by such rules. 12. No terrace, balcony or patio shall be covered by any awning, or other- wise enclosed without the consent, in writing, of the Board of Directors. No radio or television aerial shall be attached to or hung from the exterior of the building or terraces except such as shall have been approved, in writing, by the Board of Directors. 13. Unit Owners shall not paint, stain, or otherwise change the color of any exterior portion of any building. When the exterior of a unit requires painting and/or staining the necessary paint or stain shall be acquired through the offices of the corporation. 14. Each Unit Owner shall keep his condominium unit and any balcony or patio to which he has sole access in a good state of preservation and clean- liness. 15. Right is specifically reserved to the Board of Directors of The Ridgewood Estates Corporation to rescind, change or amend the foregoing rules and regulations and to adopt such other rules and regulations as from time to time the Board of Directors may deem necessary. 16. Complaints regarding the service of the Corporation shall be made in writing to the Board of Directors or to the Management Agent. 17. No Unit Owner or resident shall direct, supervise or in any manner attempt to assert any control over any of the employees of the Association or the Management Agent, nor shall he attempt to send any of such employees upon private business of such Unit Owner or resident. 18. Unit Owners shall be held responsible for the actions of their children and 'their guests. r 26 2 B.R. Units EXHIBIT #5 - Page 1 of 3 . pages RlDGMV00D 'Units x rnu,lbcr of School Ago C'nildzen 2C � Number of Students A . 13 69 3/4 B.R. Units. 69 x 1.4 96 14 lots, 14 2 28 Total 137 Grado Leval Total I)istributio;j ;qu labor 75-76 76-77 77-78 78-79 K-5 61 16 15 15 i5 6 14 4 4 3 3 7-8 20 5 5 S 5 9-12 42 i1 10 30 10 137 36, 35 33 33 PIWEIIUR ST Units x number of School Ave Mildren 25 2 B.R. Units 25 x .5 25 3 B,R. Units 25 x 1.4 ;dumber of Studj.tits 12 35 Total 47 Grade Level Total Dist riOutJ.on Number 75-76 76-77 •77-78 K-5 21 7 7 7 6 5 2 2 1 7-8 7 3 2 2 9-12 '► 14 s 5 4 47 ?7 1G 14 i ��ji C3t,i,�L:Pl r Y1<1,13: 41 tvr u.u.-•+ .... _ . t I= :.Waxes i'ion st atis�:ic^1 r.eportS t Projectio,l znrludcs l:indergaxten ltcsi era .Net 1:nrollr�c nt 75-7b 76-77 77� 79 78-79 70-?1 71-72 72-'I3 73-74 '74-75 ('040 149 IQ 1157 1091 1049 1�►7b 1490 1472 14t09 1s23 1301 1247 1-6 - - 1395 1336 E; sidle- z1476 1509 1470 122?_ 1268 1 ,19 i442r453 ��-- �..�------ g 1-1.- . 2G�7 S2486 2385 2851 2776 2777 27,- �S - a'u-1 2698 2158 2_ °� - 0 100 1G0 .100, t?g 121 12'7 i35 , 1�?0. 1 A102 P+ - i' cat -� cn . 2727 -_ ' 2586 2485 G6 1 916 2916 2857 22%9 2973 _�-- N 36 71 104 137 J w 2798 2690 2622 — 17 33 47 47 EA c—_2- 7s7 2_6G_9 2910 2731 -379 2978 2936 29sG 291G 2827 --- 2569 rg `� i 277'1- iF,bg 2631 2637 NOTICE OF TRANSMIT) AL RIST-FROST, ASSOCIATES Consulting Engineers R E C E I V E D 21 Bay Street Glens Falls, N.Y. 12801 MAY 21 1915 MANAGER'S OFFICE Area Code 518 793-4141 CITY SO. BURLINGTON TO: City of South Burlington Municipal Bldg., U.S. Rt. 2 DATE: May 20, 1975 South Burlington, Vermont 05401 JOB NO. 2179 ATTENTION: Mr. William Szymanski _RE: Ridgewood Estates City Engineer WE ARE FORWARDING ❑ UNDER SEPARATE COVER ® HEREWITH ❑ DRAWINGS ❑ SPECIFICATIONS ❑ SHOP DRAWINGS ❑ CATALOG DATA ❑ SAMPLES ❑ ADDENDUM(S) ❑ SUBMITTALS ❑ OTHER THE FOLLOWING: Prints of typical sections for walkway area along Dorset Street. THESE ARE: ® FOR YOUR FILE ❑ APPROVED ❑ DISAPPROVED ❑ AS NOTED REMARKS: If this approach is satisfactory, we shall proceed in this fashion. VERY TRULY YOURS, � VIA-1 4,�46 Ja Timothy J. Schaffernoth, P.E. FORM G-403-A M E M O R A N D U M ' To: South Burlington City Council and Planning Commission From: Fred Mitchell, City Planner Date: Aucust 20, 1974 re: Statement concerning the amount of traffic that will impact on Swift and Dorset Streets. It is becomin- apparent that as increased development takes place on South Dorset and Swift Streets, especially of a planned unit Development -Residential nature there will come a point in time when these existing streets will have to be upgraded to meet the increased transportation demand and flow placed upon them. To adequately respond from a municipal point of view to the anticipated demands placed upon the system it is necessary to have an understanding of the existin- characteristics the roads and projection of transportation demands that are likely to impact on the system. Presently Swift Street averages 170 vehicles at its peak hourly volume in the late afternoon. This was measured at the Dorset Street intersection. On an average daily traffic basis Swift Street from Spear to Dorset Streets averages approximately 400 vehicles. Dorset Street south of Kennedy Drive, at present, has an average of 314 vehicles per hour at its peak hourly volume. This also was measured at its intersection with Swift Street. Its average daily traffic volume is approximately 820 vehicles. In estimatin- future projection for traffic volumes it is necessary to evaluate several important transportation determinates. Initially, the South Burlington Comprehensive Plan recommends that several roads be extended, as future demands warrant, through the south east quadrant. This has I 2 .0 been proposed to improve the access and circulation pattern. The extension of Swift Street, Van Sicklen and Allen roads will, in future years, cause an increase of traffic on Dorset Street. At present, demands do not warrant any extensions but in viewing the total impact on Dorset Street this recommendation of extensions can cause increased transportation. Another major determinate and one that is going to have short and long range implications is the land use adjacent to Dorset Street and residential densities allowed under the current zoning re-ulations. The existing land use pattern in this area is largely -open fields with some agricultural activity and residential housing in isolated clusters and along the highway distributed very sparcely. The zoning regulations allow for two differing dwelling unit densities. As established, the vast majority of the land is in the (A-R) Agricultural Rural Zoning districts. This allows for residential densities of one single family dwelling on each parcel with a minimum of 10 acres land area. Using this density as a guide and estimating that approximately 1,600 acres of land could possibly have a direct impact on the local transportation system it is estimated that there could be an impact of approximately 320 automobiles (using two automobiles per dwelling unit). --This figure is for the number of automobiles that could be generated by single family residences and does not include additional trips or the in- crease in the average daily traffic volume. Utilizing the 320 automobiles and existing traffic volume figures it is estimated that if the low density is developed on Dorset Street according to the zoning regulations the average daily traffic volume including various trips could increase to 1,200 approximately, with an average peak hourly volume in the late afternoon of 475 vehicles, based soley on surrounding residential impacts and not considering the traffic passing through from Kennedy Drive and the city limits. However, the existing zoning regulation also allows for the development of residential units at a density of 2 units per acres and if the site is either served by municipal water and sewer or connected to it by a developer. Presently, there are 10 parcels of land that are 50 acres or more in size that have access to Dorset Street south of Kennedy Drive. If it is assumed that these existing parcels were developed at the higher density in accordance with the zoning regulations there could possibly be generated, based 3 soley on residential parking requirements, approximately 3,000 vehicles. This is a sizeable increase over the traffic possibly generated by the lower density. Includ- ing the existing traffic volume on Dorset and an estimate of trips generated, there could be an average daily volume of 5,100 automobiles not counting increased traffic moving rough on Dorset Street. The peak hourly volume could possibly be estimated at 750 vehicles for both directions and higher if you include all traffic. As a point of comparison the situation has been examined with reference to the possibility of the entire area adjacent to Dorset Street being utilized at the higher residential planned unit development density. If this were assumed, the total in automobiles could be approximately._+-,800.. This added to the existing traffic volume and increased trips gener�Aed could result in an average daily volume of 5,600 vehicles and an average peak hourly volume of 900 vehicles plus thru traffic. This discussion of amounts of traffic that could possibly influence the traffic volumes on Dorset and Swift Streets should be viewed as general gross projections based upon an estimation. No consideration was given to various environ- mental factors such as capability of the soils to sustain development. It is important now to consider the present capability of the existing two streets. Both streets have a pavement width o!' 22 feet and as such can accomodate an hourly flow of approximately 600 automobiles per lane, or 1,200 for both lanes at peak-hou'r traffic. Based upon these estimated capacities it is forseen that Swift Street will be able to handle the anticipated increase in peak hourly flow. Dorset Street, south of Kennedy Drive will be exceeding its maximum capacity if you include thru traffic and assume that the ad- jacent land is developed at the higher density. As the peak hour traffic volumes approach 750 vehicles the city should start to look seriously at upgrading Dorset Street and its intersection with Swift Street. A better understanding of this situation will be made once data currently being collected by the Regional Planning Commission .for various transportation considerations in the city'is mate available. Until such time the information contained in this report should be viewed as an attempt to give a general understanding of increased transportation in response to more intense land use. 20 • �3oc� 1 fr `i u j?o er air � O traffic generated 3�Z0 y8oa by area peak hour flow Y 9r 900 4 average daily �2����-Gn© �• O+ traffic volume /y0 O� Y1 u SOUTH BURLINGTON PLANNING COMMISSION AUGUST 1974 5.20 Area, Density and Dimensional Requirements In the Agri cultural Rural District, an-: requirements of Sec. 11.00 governing lot size, frontage, setback, lot coverage and density shall apply. 5.30 Planned Unit Development - Residential Planned Unit Developments - Residential are hereby permitted to encourage new residential cotmunities, innovation in design and layout, and More efficient use of land. Planned Unit Developments - Residential shall be permitted within this District in areas serviced by municipal water and sewer. Should any developer wish to connect to municipal services at his expense he will be permitted to do so only if the area is one in which municipal services are projected in the proposed capital budget program or unless it has been determined by the Planning CorL-nission and City Council that all requirements of Sec. 12.002 will be met by the developer taking into consideration the proposed development and any other proposed or planned development. Accordingly, the modification of the South Burlington Zoning Regulations by the Planning Commission is permitted simultaneously with the approval of a subdivision plat subject to the conditions set forth herein. 5.301 PUD-R may be approved only in the Agricultural Rural District as designated on the Official Zoning ,lap . 5.302 Water.and sewage facilities for the development must connect to existing city water and sewage systems. 5.303 All dimensional requirements set forth in Sec. 11.00 may be varied by the Planning Commission, 5.304 Specific Standards The following standards and conditions shall be observed: a. Minimum total area of development - fifty (50) acres, b. maximum average density.allowed - two (2) units per acre. 5.305 Permitted Uses Permitted uses in a Planned Unit Development- -6- No Text aiwAl 4e&lnll am September 24, 1974 .6,gei-ic,Z of ---avL-ronmental Conservation District 44 68 Pearl straelt I:s6ex Juliction,, Veriaont 05452 Atteation: curti.s k:arter Aidge-v-00(l.::state s Swift, and Dorset streets Sout.'a l-,urlington,, Vermont 05401 To Whom -It Aay Concern: Tj'.i(-, proposed davo-lopment will lbe connected to t.".e cit,, water and sewer sy.3tems -,ildclh are, adec;uat(:-t to handlf-, tiili!3 development. Very trul.y your.,.i, William J. Sz .fniansi- City Manager WJS/h for C C Lr.vasqua ropzated hifoaling that thiz was An jurposo of having a City Planner. I 10. Foger felt it was Aill legally the ww:p=W1Ay of Wo 71awn1ng CommOzion, Mr. Wazsel and Pro Dinklage also preferred to Inve Lt ccna to the Commissiono - Mr. Poger moved 10 Oyffon"71'n AISQth�t the the 14 individual hau3e followina minimum setback, rcouArcn�,:,�ntn V :��- . '_ : , 2--c f of Ohn c1tv 111--ilar. the ..�C'O:idcd by Mr. Levesquee Vutod unanimously for approval. It uas noted that the Minute3 contain the diange of sirzot -to 'Hickory -Lane. Following the ouggestion of the Chmirzan, there boing no AKY, djav= Wn, Mr, 11inkla3a noved that everything W Wcity P%Whar a d amendcd y the Planntng Commigoing be an royn." Sqcondcd by Mr. PoGar. VAS unanimously for approval, This amended motion is: NO 0 0 asvelh= in Koping with the goals and obfzativaa MA10had by the City .of -South Burlington for Hasideatis! PlannA Unit DOV010MMML that the pralKinal 2�.'f plan submittcd by CBC Realty ana Development, Inc., dathd .,AY 25, 1974, Ltd re- Awad Septcaber 5, 1974, along vlt, supporting documentation bo 305a PrAlminary •approval Gubjcat to the satiNactozy complianso of the followinSt, 1) Aut all conditions, reqn1rcments, and stipulatipns that tivwbewn catablishcd during tho ccarzc of HaLncd Unit Developmcni rovlaw an pro- limimary subdiviWon hcahnnL be complied with; Acne conditionz, raqviTe- mcntz and stipulations are to be found in the minutes of !Lc vail. . PUL and proliminbry subdivislen Wrings: 2) Chi! an awrowSwOu bond % Wan by phane under constrwAAn or:nnazr proponed construction, for tho svocr, storm drains, streets and walkways, in sacordance with the rcquir6== of 1ho DAy ant .abject to rt;vicw by City 11anager; tLat the Pianni:n,67 review the plana for each prcDo3ed I nLj V Cstabllshcd; 4) thst-all conditions, req"Irenentso and n0pulatiors set forA in CV. various minutes of Planning COMMOVan and cslty Council pycllakarjr' hwhingz shall he AcluNd in a formal aaracmcnt NOW.•, the develaDcoz aN the City and subjoct to arpromal by Wa Wq Council, that tho following ::ice mum sc�,back requir�men& ba WaKLAW fop 14 individual house lots as a 50 foot front yard adtback and WiZln_ of 15 fact from czah of the other property lines except with thn wnw=auz OnEwnt of a comzittca made up of Ahn City 72-,=j Wa ZG"in; trAir, the City AnaZer, authe City ZnjnL..n. "Onalialmaiy approvA of tha preliminary plan shall nA Ws, QA�n�z nnj�&.! thn Subdtvlsion Flat, but Yaiwnz Lu L.; UZY2-SLOW! of cw=acjW dezign submitten on the preliminary plaA as a juido to ine Ewe.;. the Elva! Plat, shall be nut fo��"Otages, to Vh'-, planninc ant for recumns upon OU1,110o of Va various rQcUire- monts, coviiWonz, and stipulations and the cosQUens of the praliminaw nyproval'" Chalwan Aha= announcA the Ownin; Ownizoici vonij zoi nwat nwit wca% but w-411 =1 ua Tuesday, Octsbw 1,v0 Upon of S2, DinklaZe, secOndcd by Mr. Now, Vflc adjournQ at 9:00 p.m. . move that in ke e in T foals an_d obj ectives e.�tIabI _shed by the Ci Y o ' ...,.,__ _� r.1?nzton for Residential P lIanned Unit Development that the prelimi nary plan sub- mitted by CBC Realty . and Developrrient, inc. dated July 25, 1974 and revised September 5, 1971+, .a3_on with supnortin; •,documentation be given preliminary an-1roval subject to the satisfactory compliance of the following: 1) 2) 3) 4) that all conditions,requirements, and stipulations that have been established during the coury;�n,i,,..,,..��,H �Nd�tj/ Planned. Unit Development review and s�vision hearings be complied with; these conditions, re- quirements and stipulations are to found in the minutes of the various PUD reviews and ubdivision ' hearings ; Ptirts♦ 14 wdO a Cows, �^QK Ike 400AV00 At'g that an appropriate bond,%Pin accordance with the ems!I requirements of the City and subject to review by ,p, ' r� the City Manager, be established; that the Planning Commission review the plans for each proposed phase as it is established; 1f/,`, a OP IV that all conditions, requirements, and stipulations't„R set forth in the various minutes of Planning i► Commission and City Council hearings shall be in- cluded in a formal agreement between the developers and the City and subject to approval by the City Council. Preliminary approval of the preliminary plan shall not constitute approval of the Subdivision PlL , but rather it is deemed an expression of approval of the conceptual design submitted on the pre31.minary plan as a guide to the prepara- tion of the Final Plat, which shall be submitted for approval, in stages, to the Planning Commission and for recording; upon fulfillment of the various requirements, conditions and stip- ulations and the conditions of the preliminary approval. lays IWA O*M 4061. 444WIe 4.6.� .,4 led. move that in 'ceeninr; *. i th the �,O�;, s and objectives esta!bl= shed by the CitV ofCoutr B� r_1- -.. -- on: for Residential P?_anned Unit Dove opment that the :rely r.;irary plan sub- mitted by CBC realty and Development, Inc. dated July 25 1.974 and revised September �, 1974, ul,:,n-., with supportin documentation be denied preliminary subdivision approval because of 'he following reason(s) r17-1 archiI -Cts CALCAGNI FRAZIER ZAJCHOWSKI 86 saint paul street burlington, vermont 05401 t e l. 8 0 2- 8 6 3- 6 8 6 3 July 16, 1974 Re: Project #74-5 Pine Brook Condominium SUBJECT: Letters Required from City Hall and Educational Department for Environmental Hearing on July 24th. 1. That the project will not cause any unreasonable burden on the ability of the local government to provide r3itc municipal and governmental services. Fire trucks and other emergency vehicles will be able to enter into and out of the development adequately. 2. That the project will not cause unreasonable congestion 41)&t or unsafe conditions with respect to use of the highways existing or proposed. 3. That the City of South Burlington will allow a new road into the development to be connected at the end of existing Joy Drive. �Vhk t, 4. That the Pine Brook Development is not in a flood plain area. 5. That the Pine Brook Condominium project will not place .r1j 7tt a burden on the ability of a municipality to provide educational services. 6. That the Pine Brook Condominium project is in conformance WArt) with the City zoning and master plan and has received the South Burlington's Planning Commission's Approval. 7. Ask about future road standards. Respectfully submitted, C AGNI - FRAZIER . ZAJCHOWSKI, ARCHITECTS, INC. .00 A. A. Calcagni AAC/tf CC: Mr. Frederick G. Blais Mr. William Haas Realty Sales Suggestion: For Mr. Reay; it may be of value to have Mr. Symanski come to the Hearing on July 24th. C CBC REALTY & DEVELOPMENT INC Soixth Durlinr-pan ?2.rLrrftngCoin-ilission -1 Ms. kl,!,.ry Barbara Mahar., Chairman 17 " R, LE C E 11 V L iJ MANAGFR'S OFFICE CITY SO. BURLINGTON I Se,,Aember 9., 19"L Daar Miro, ,'aherj This is -'v-o confirm our rec.p.,est of Jvl-,' a extension for slib-division process raferenco, zrdd3rei-;ood Estates 11",roject. 1�,hcrcas th- C--;-ty Council has ' v IM' -yerted -as approva-1 to Ztll 14 points und,:-,�r %, v _M'0. li v of Z.Dnin�! Bylaws, hich is required prior to final, .;-,ub- division approval. would recmlast a time extension of the subdivis-fLon tim-2 fr4l tt. to S-p,-1-a-mber 1.9 97,14 as dis 'Cussed and agreed upon at the Planning Comadssion mDating of S--ptezribar h. 1974. 3 - — Your continued pallience and cooperation in dealinC with Ridgewood Estates is Post appreciated, Frade-ricl.: G. Blai;3 for Ri d go wood EsII s- MELVIN A. MONELL CHI[F 863-6455 DORSET STREET OFFICE OF CHIEF ENGINEER CITY OF SOUTH BURLINGTON, VT. Eeptember 3, 1974 Subjects Clarification to Aug.5,1974• This letter is intended to clarify the letter written on August 5,1974. Consideration given to proper fire protection,to life and property; Anytime a deve- 16pement is constructed within the City it's..added some burden onto the Fire Depart- ment. (whether it be a small Residential Cccuparcies or large buildings) Therefore taking into condersideration all the developements that have been built within the past year, and the ones that are to be constructed in the near future are or will be a great burden on the Fire Department,unless our man -power be increased. Sincerely yours, X'elvin A. Monell Fire Chief Green M( ifain goring Co., Inc. ( R. D. 2 - 6ARRE, VERMONT 05641 SHEET .................... OF ............ DATE .. TO . ........................ ............. ................. ............ ADDRESS.......................................................... ...... ...........:.:...........:.............. PROJECTNAME ..... :......... ............................................. LOCATION ........................ . HOLE NO. ................................ REPORTSENT TO ........................................................ I............. PROD. NO................................................. LINE & STA............................... SAMPLESSENT TO .................................................................... OUR JOB NO. ................................... ...I........ I OFFSET ...................................... GROUND WATER OBSERVATIONS CASING SAMPLER CORE BAR. SURFACE ELEV................... Type DATE STARTED ........................................ At .. at ................ Hours .............. ,............. DATE COMPL........................................... Size I. D. BORING FOREMAN .............. At ... at ................ Hours Hammer Wt. .............. ....... I...... BIT INSPECTOR .......................................... Hammer Fall .............. .............. .............. SOILS ENGR . .......... .... . . LOCATIONOF BORING: ....................................................................................................................................... Casing Sample N Blows per 6" Moisture Strata SOIL IDENTIFICATION SAMPLE Blows Depths ro Q. on Sampler Density Change Remarks include color, gradation, Type of u, per to From To or Elev soil etc. Rock -color, type, condition, hard - foot I From — To "' 0-6 1 6-12 1 12-18 Consist. . ness, Drilling time, seams and etc. No. Pen Rec. GROUND SURFACE TO .......................... USED ........ Sample Type Proportions Used D Dry C = : Cored W — Washed trace 0 to 10% UP —Undisturbed Piston little 10 to 20% TP.:Test Pit A —Auger V=Vane Test some 20 to 35% UT.. Undisturbed Thinwall and 35 to 50% „CASING: THEN ... ......_........... 140 lb. Wt. x 30" fall an 2" O. D. Green Cohesionless Density Cohesive Cot 0-10 Loose 0-4 Soft �`. `' t i ► R. D. 10-30 Med. Dense 4-8 M/Stifi 30-50 Dense B-15 Stiff '•" ...................... 50 -I- Very Dense 15-30 V-Stiff PROJECT NAME ................ A A Ph 0 AM Green i'viou ain Boring Co., inc. ni R. D. 2 — BARRE, VERMONT 05641 4. TO.................... I ................ ........................... ............... ADDRESS .......... ................. I ................. I I ' ' . 11 -, I +- PROJECT NAME ........... ................. ......... ... LOCATION ............... * .............. Y .......................STA........................................... REPORT SENT TO .............................................. . ....... . .......... PROJ. NO . ................................. ; ................. SAMPLES SENT TO . ....................... ............................................ OUR JOB NO . ............................. .... ... ... SHEET ......... OF ............ DATE ............ 0 .............. HOLE NO. LINE & I OFFSET ........... GROUND WATER OBSERVATIONS T" " At ....... at . ......... Hours nn At ........... .... at .... ........ Hours CASING SAMPLER, CORE BAR. I Type .... I ......... 1 ........... Size I. D. .............. ........... .............. Hammer Wt. .............. ... BIT Hammer Fall .............. .............. ........... SURFACE ELEV . ........ ............. DATE STARTED ............ ........ DATE COMPL ............. ........... ........ BORING FOREMAN INSPECTOR ........... T SOILS ENGR . ................. LOCATIONOF BORING: ............................. I ........................... ........ ........ .... 1 ................................................................. 0- Casing Blows per foot Sample Depths From To (V 0) , CLo E F V) Blows per 6" on Sampler From TO Moisture Density or Consist. Strata Change Elev. SOIL IDENTIFICATION Remarks include color, gradation, Type of soil etc. Rock -color, type, condition, hard - ness, Drilling time, seams and etc. SAMPLE No.. Pen Rec. 0-6 6-12 1 12-18 r) t �1, o no '.' P 'Lrcl"Iy 1. t t n GROUND SURFACE TO ....................... USED ........... '*CASING- THEN ...................... .......................... .... ............. Sample Type Proportions Used 140 lb. Wt. x 30" fall an 2" O. D. Sampler SUMMARY: Cohesionless Density Cohesive Consistency Earth Boring . . I D�Dry C -- Cored W—Washed trace 0 to 10% 0-10 Loose 0-4 Soft 30 + Hard Rock Coring .. .. .... UP —Undisturbed Piston little 10 to 20% 10-30 Med. Dense 4-8 M/Stiff TP=Test Pit A —Auger V=Vzne Test some 20 to 35% 30-50 Dense 8-15 Stiff UT —Undisturbed Thinwall and 35 to 50% 50 -1- Very Dense 15-30 V-Stiff HOLE NO.'_35 IN Green MO( Tain Boring Co., inc. cn, -n R. D. 2 — BARRE, VERMONT 05641 L .. ............... ......... ... ADDRESS .................. I .................. ....... . ........ TO ......... ....... PROJECT NAME ......... LOCATION I ..................... . ' ' * * ........... ........ .... ......................... ... j .., REPORTSENT TO ................. .. ......................... ....... .......... PROD. NO . ................................................ SAMPLES SENT TO . ..... .... .......... ................. ............................ OUR JOB NO. .. ........................ SHEET .......7.7......... OF ............. T� .. " ................ DATE ...... HOLE NO—,....:%.: ................ LINE & STA . .............................. OFFSET GROUND WATER OBSERVATIONS Al ....... .... at ................ Hours At .... .... at ................ Hours CASING SAMPLER CORE BAR. Type ............... ............ SizeI. D. .............. ......... .............. Hammer Wt. .............. ............ BIT Hammer Fall .............. ............. . SURFACE ELEV .......................... DATE STARTED ... DATE COMPL . ......... I -.: ................ BORING FOREMAN .......... ....................... INSPECTOR .............. .............................. SOILS ENGR . ........... .. ............ LOCATIONOF BORING: ............................................................... ........ .. ...... ............................. I .................................... x: a LU Casing Blows per foot Sample Depths From To 0 — 0 E '0 (n Slows per 6" on Sampler From TO Moisture Density or Consist. Strata SOIL IDENTIFICATION Change Remarks include color, gradation, Type of soil etc. Rock -color, type, condition, hard - Elev. ness, Drilling time, seams and etc. SAMPLE No.. Pen Rec. 0-6 6-12 12-18 T I t U Jr -77, E4 GROUND SURFACE TO .......................... USED ............... "CASING: THEN ................. ................................................. ..... Sample Type Proportions Used 140 lb. Wt. x 30" fall an 2" O. D. Sampler SUMMARY: Cohesionless Density Cohesive Consistency Earth Boring D�Dry C�Corecl W—Washed trace 0 to 10% 0-10 Loose 0-4 Soft 30 + Hard Rock Coring UP —Undisturbed Piston little 10 to 20% 10-30 Med. Dense 4-8 M/Stiff Samples TP�_Test Pit A=Auger V—Vane Test some 20 to 35% 30-50 Dense 8-15 Stiff L UT=Undisturbed Thinwall and 35 to 50% 50 + Very Dense 15-30 V-Stiff HOLE NO. M E M O R A N D U M TO: CITY COUNCIL FROM: RICHARD WARD, ZONING ADMINISTRATOR RE: RIDGEWOOD ESTATES DATE: AUGUST 26, 1974 Presently South Burlington has three approved developments as follows: Cedar Glen North, Potter - - - - 92 Units Pine Brook, Haas - - - - 50 Units Sunnyview, Dumont - - - - 68 Lots Housing starts as of September, 1974 were Dumonts in the Sunnyview development - 8 single family dwellings Potters Cedar Glen North - 15 condominiums. In addition there were a few individual dwellings constructed. For the fiscal year 1973-1974, 29 permits were issued representing 32 dwelling units, a percentage increase of approximately 1.2%. South Burlington's "Growth Policy" allows for a 2% growth rate or that growth rate equal to the county's, whichever is larger. Based on information furnished by developers of Pine Brook, Cedar Glen and Ridgewood, these developments could represent 60 new housing unit starts for the year 1974-1975. This figure will involve a growth rate in excess of 2%. Rough figures furnished by the Regional Planning Commission project a 5 year growth rate in the county (1970-1975) of 11.1%. Using a 1974-75 growth rate of 3%, South Burlington would have a 5 year growth rate (1970-1975) of approximately 10% (see attached charts). /9-4 ' 4e 0/944 Richard Ward, Zoning Administrator '�tRce rtr�4-G-E r&cr,O 6Ee- ove:`Z �r+s'RcvlcuS 71 • �x y� 3� ,Z I17 7 #OLI5/K(- U41T'5 3000 a.000 Hoij3iN& UNi EsRD4JTf4,�4�y-�g73 -W J , I v / I Imo -1 I II J—I I (fOo / IL%I / I IL" / i '/ / I /(/- / 7 /-7-) gs�- ►,�,3173 Yektl 'YCA R A ry5 + ANNUAL_._ C01437-P,UCLTI 10�4 (� �-}oUs►NG UNfT5 14,.,, l 7.2 -' d 7 !9G g - 30 /"/ - jo- /ytp-sa /t,C — SG FiscAL Yc-kR ss P /�� a/73 :�ocecc; IvW4 Rc oe�s F-L-a6- f'oem tr pwcorzbs MFM OR "MUM TO: PLANNING COMMISSION FROM: FRED MITCHELL, CITY PLr_NNER RE : RIDGE4100D ESTATES D1TE: SEPTEMB R 17, 1974 For your consideration, attached are the various stip- ulations and relevant discussions for stipulations that have been made by the Plannin- Commission and City Council concern- ing the 14 criteria for PUD-review and subdivision hearings. The attached is in chronological order by meeting. Aug-ust 7, Toint Planning Commission - City Co_linci 1_ Meeting- on Ridgewood h'states Start of the review of Section 12.002' No Sti j221 on made recessed til August 12 A=nLat 1? Joint Meet-in7 Mr. Spokes related that if a road is to remain private there are certain protective devices that can be required, such as maintenance, up -grading, etc, which should meet City specifications." (P.2) no stipulations made August 13 Planning- Commission Meeting Subdivision hearin" warned for Ridgewood Estates adjourned til August 27, 1971+ since review. of 14 criteria PUD was not complete. Auaust 19 Planni.nr7 Commission Meeti.n on the Criteria to be met for PUD Criteria 7#'1 Accepted "with the stipulation that the builder and associa- tion will not use salt on all paved areas.' (P.3) Criteria #6 Accepted based upon ". . . the question of Public vs private oi-mership of the interior roads --in' li ht of the City En-ineers' for the coming recommendations --will be determined at the time of the subdivision hearing,, and the planninC commission recom- mendations --will be determined at the time of the subdivision hearing, and the planning- commission recommends that the city negotiates with the developer to install an 8 inch forced sewer pipe and a 12 inch gravity pipe with the city paying the addi- tional cost to the developer over and above his expense of in- stalling a 6 inch forced main and an 8 inch gravity main." (P.11) Criteria #7 Accepted . . . subject to the following stipulation provid- ed by Mr. Blais. "Ridgewood Estates would be willing to allow access for the purpose of bike trails consistent with the pro- posed municipal bike trail system, to traverse the Ridgewood Estates property in a-eneral north to south direction." (:.13) Criteria #10 Accepted ". . . acknowled, inc; the stipulation by the developer regarding the trail system." (P.16) 11 -2- t Criteria #12 'Y accepted ". . . with the understanding that the developer has agreed that the entire sewer connection (sewer line and ptunpin.7 station) will be covered by a performance bond accept- able to the City Manager." (1.1.18) Criteria T#13 Accepted ". . . with the following provisional timetable: Phase 1 to be be7un in call of 1971+ or Spring of 1975, depend- ing upon environmental hearings, financing, etc. and that the development will be completed in 3 to 5 years thereafter. " (P.19) All other criteria were accepted. Yxs. Maher: "I would like to sum up what we have done here." She than made the following- statement: "The Planning Commission concludes that the developer of Ridgewood Estates has conplied with the 1I+ Criteria of article 12.002-a. of the South Burlington Zoning Ordinances. We request that the City Council examine all of the relative motions, subsidiary motions, explanations and general discussion in order to fully understand the reasons for our con- clusions. (P.20) August 22, Plannine, Commission MeetInr; Resumption of Ridgewood Estates Subdivision hearing, however time did not allow for review. September 3., review of the 14 Cri_te.ri.a of PUD "Mrs. Neubert said she felt things that are really important should be agreed to in a private contract with the developer that certain convenants be carried with each sale. City attorney Spokes said the City could protect itself with a separate agreement with the developer stating the conditions upon which the approval is given; that the Planning Commission had several stipulations; at the final approval of the total package these conditions would be brought up. He added that the By -Laws are not the appropriate document by which we pro- tect ourselves; they are an agreement between the private devel- oper and the owners. Asked by Mrs. Neubert at what point a decision is made on the covenant, Mr. Spokes said there s ould be a document in- corporatin- the conditions the Planning Comnission and the Council required in the 14 points, and also additional conditions the _3_ Planning Commission made concerning its subdivision approval. There is no approval if the 14 points are not met. Mr. Farrar made reference to the letter of intent to a;ree to the stipulations reouired by the Planning Commission, with Mr. Cimonetti adding that it is only a statement of their intent, not a binding document. Mir. Spokes agreed that some bindin agreement would have to be formalized. 'r. Kai said this had been put into a letter, and they are agreeing at this meeting to enter into a formal agreement. Mrs. Newbert expressed fear that the By -Laws and Articles of Association could be changed by the o-vmers any time they wished to do so. ir. Spokes assured her a binding document will be drafted, subject to his approval and the approval of Council." (P.2) Criteria 7�1 ". . . developer has complied with Section 12.002, A.1., with the additional stipulation that the road will be culverted wherever it crosses the stream; that it will cross the stream only twice; and that the stabilization process of the stream bed be maintained for drainage purposes." (P.2) Criteria #3 mention made of the stipulation that the building of the homes in any particular area would be reviewed by the City Engineer; however no action by Council or agreement,by developer taken. (P.3) Criteria ,�13 Voted for approval 11. . . that the development plan under point 13 as stipulated by the developer at the rate not to exceed 30 units in 175, 176 and 177, and 24 units in 178, that these numbers be cumulative, and that if the county growth rate in the orecedin- year after 175 is less than 2 . of the average growth rate of the community, the developer can apply to the Code Officer who can issue additional building; permits such as to make the number equal to the 2% or county growth rate, which ever is larger." (P.6) I'Mr. Cimonetti asked that the minutes show that acceptance of the motion was riven by the developer." (P.7) Criteria #5 approved . . . on the basis of the developmental timetable . Meeting adjourned until September 11 (at the Sept 3 meeting Criteria #2 was accepted and -t4 tabled until further information is presented. Sectember 4 Planni.rr Commission Subdivision Review _.._ of Ridi-ewoocl.._Estates. � "Mr. Blais said they had a -reed to review the 14 lots with the City rEnUineer and he felt that Bill practices ,good engineering; that each house will be -put where it is judned to be best, with water problems reviewed for elach lot." (P.2) "Motion by Mr. Dinkla.,re to Pt an opinion from the City Attorney . . . as to the control of dimensional requirements for both lot size and buildin placement that the Planning Commission has in the process of an -proving a PUDR and also . his recommendation for establishing a review procedure prior to the issuance of building permits with regard to the 14 individual lots that exist in the Ridgewood Estates pro- posal." (P.3) "Mr. Blais . . said the developers were willing to agree that the streets would have to be brought up to City standards if the Association should desire to have them become public streets." (P.3) Mr. Leveseue moved that the P.C. approve the private roads, to take advantage of the rule of aesthetics of road design and re- search through Urban Land Institute studies for a development of this type with the legal guarantees that the City Attorney has made knowrn to the Commission under item 3 which is on pare 2 of his memorandum dated Aurust,12, 1974. (P.4) Mr. Po er then moved to amend Mr. Levesque's motion by " I.f the City at some time desires the road to become.a City road., the road will be brought up to the standards existing at that time, substantiated by traffic standards or otter data, to be done at a cost to the home Owners Association. U.mendment voted for approval) !r. Dinklare moved to amend Mr. Levesaue's motion further with the stipulation that the developer will provide a 50 foot right- of-way on Myers Lane and a 60 foot right-of-way on Ridgewood Drive. Unendment noted for approval) Motion and kmendments was carried (taken from Mr. Spokes August 12 memo) 3. What_��rotection can the Citv obtain if the streets in the development are to remain crivate? ',dithout reviewin; the pros and cons of public vs. private street, the City may do the following: r -5- 1. Insist that the roads, even if they are to remain pri- vate, conform to all building specifications contained in our subdivision regulations, and further meet all other relevant City standards. I 2. Enter into an agreement with the developer which would require the owners of the development to meet all relevant City specifications and standards before insisting that the road be accepted as a public street by the City. The consideration for this type of arrangement is approval of the subdivision, and I feel if the a,-re�uient is properly drafted, it would be binding upon the owners in the development and their heirs and assigns. We have entered into similar agreements with other developers, although usually these pertain to such things as sidewalks. 3. If the street is to remain private, we shoud be assured that the owners of the develo,-,ment have the responsibility of maintaining the street, and that necessary funds are available for them to do so. Question of changing the name of 114yers Lane was discussed, but not resolved. Sentember_10,R_„PlanniFilr, Comm-i_.,;si.on_-R .d7evrood Estates contA. Mr. Wessel (with reference to sidewal _-s) asked ". they will be enterin City property and would it be in the same zone that the sidewalk would be, westerly or easterly side of Dorset? He thought perhaps when the pipeline was dug for the sewer, it could be back filled with a good base to be used as a sidewalk" (P.7) "Mr. Blais said he would be willing to pursue this sugges- tion with Mr. Szymanski." (P.7) Planning Commission reaffirmedthat unsafe pedestrian and bicycle condition will exist when the proposed Ridgewood Bstates development is completed. . ."and that an adequate solution . is contained in the last paragraph of the City Planners memo dated September 9, 1974-11 Sente_mber 11, City Council resum-otion of 1 Criteria to be met by_ Rid, ewe Lod Estates. ",ir. Blais then said they had a,-reeded to provide for said "walk- way" which would be similar to the one at Red Rocks going from the bridge to the Red Rocks access." (P.3) "Mr. Blais said they were making the proposal that when the second access comes out on Dorset Street, just to the north of the Methodist Church property boundary, and when it crosses to the easterly side of Dorset Street, that that point join into the walkway from Kennedy Drive: in back filling, that a crushed stone or somethin suitable to the engineer will be placed to establish a walkway -bicycle way." (P.)+) -6- "?.Ir. Blais said the developers would amend their proposal to provide for a walk way frog. the school in a southerly direc- tion on Kennedy Drive, to provide a similar walkway from the crossin-; of the sewer easement in a southerly direction oppo- site Ridgewood Drive, medium and desi-n.to be coordinated with the Citv Enrineer." (P.4) Mr. Farrar then .:roved that the Council find that the revised plan of the developers, as amended, is in conformance with Section 12.002 A.4." (approved) "The developer is generally in agreement to allow access for a pedestrian walkway in a north -south direction, based upon the proposed City walking and bicycling path when it comes up." (P.6) "Mr. Farrar asked if the developer is stipulating that these (recreational facilities, the pool and tennis court) will all be done by the completion of the development?" 111%1r. Blais said he was." (P.6) firs. Neubert said she would lil,.e to see a copy of the agree- ment with the purchasers. Mr. Blais saj.d this would (be) summed up by Attorney Blum and Attorney Spokes to -the satisfaction of the Council: also there would be a side agreement with the City on the points of specific stipa'ations. ".,Ir. Blais then they were stipulating that they do intend to put in what is on the map by the completion of the development. Mr. Farrar moved that, with the stipulation, the Council finds that the developer has complied with Section 12.002 A. 10 (Approved) (P.6) Concern over appropriate Language to cover the adenuacy of main- tenance of private streets to insure the health and safety of the people in the development. (no action taken) (P.7) Mr. Merrill moved that the Council accent Sections 12.002 1.12 proof of economic capability, that the developer has conformed with the following stipulations: that the performance bond cover sewer, drainaze, water, streets, and sidewalks: and that a clear title to the ownership of the land be shown, before a building permit will be issued. (Approved) (P.9) Also approved Criteria #7, 81 g, 11, 14 and 6. "Mr. Farrar moved that upon receipt of the written documents cover- ing the various stipulations applied by both tine Council and the Planning Commission. that the Council has determined that the de= veloper is in complia ce with Section 12.002 r. of the Zoning Ordinance, PU-D.ievelopment." (Approved) (P.9) 1. TO: CITY COUNCIL AND PLA:v1,Ti13 CO.I;11133ION PRO11: KAY NSUBERT RE: COUiiCIL A??ROVAL Or 14 POINTS ON iUDG.; OOD E32AT&S August 30, 1974 SOME TriOUGHTS: 1. I believe the 14 points in the Zoning Ordinance are to determine. the impact on the corn ��unity at large of any new development coming under the purview of Sec. 12. Therefore, I feel that approval of the 14 points gives the Council the power to enforce any requirements that we deem reasonable and legal providing we support such requirements T:rith professional evidence and advice where it has an impact on: a. Health, safety, and welfare of present and future citizens b. Economic impacfi as related to any capital outlay by the City c. Relation of development to potential future development ( Seec Sec. 5.30 of Zoning Ordinance and State Planning and Development Act.) of 2. In a brief review/the Ridgewood Estates By -Laws as subnitt4d by the developer I find then wanting as related to a,b.c, above. At some point control of the develonment will pass out of the hand of the developer to the Home Owner's Association. I realize that the by-laws are probably a standard condominium contract at this point and will require revision and review by attorney's for both sides (Xr. Spokes has not reviewed them yet) before final sub -division approval. Certain requirements can be made part of the 14 point approval by Council which will devolve updn the developer and his heirs and assigns forever through a separate contract which becomes part of any conveyance. Some reco-imendations culled from the P.C. deliberations and my own concerns on the following pages: a. No salt shall be used on the roads b. Lots in the N.W. corner of the development (to be identified) where extreme soil conditions and wetness exist, shall be reviewed br the Planning Commission in regard to handlinL; of surface water, drainage, etc. before a building permit is issued. e. Streets in the development will rernain private and maintenance, snow removal, drainage, and evenutal resurfacing will be the r�sponsiblity of the developer, his heirs and assigns. d. Public Access shall be permitted for pedestrian and/or bicycle trails which tie into a duly adopted City trail system the specifics of which are mutually agreeable. 2. Tile 110I11'23 1. ..."trill not result in undue water or air polution." ..."the slope of the land and its effect on effluents; the availability of streams for disposal of effluents." t.tUESUON: i'lill surface drainage and storm drainage be channelled into the stream on the westerly and of the property? How close to the e-fisting stream bed will sewer line and roadway construction go where it parallels the stream? Will you culvert the stream where the road will cross in two places? NOTE: Russell Reay's letter of August 27, Page 2. "It is my understanding that the location of .dyers Lane has changed from that shown on the plans of July 25, 1974. If during the planning and con- stru^tion of this road it be,o.-ae advantageous to relocate the stream which flows out of STTift Estates, I can see no danger in doing; so. This stream is not a sifnificant natural resource, and channel relocation t•r_1.1 have no lasting effects as l.onjl as j-ood stream bank stabilization practises are followed." I have checked my intrepetation with ;vlr. Towne and we agree that the intent is that the strewn shr)uld be maintained even if it means relocation. The impoundment on Swift Estates flow directly into the stream, dt takes natural run-o'ff from slope, and pools to some extent in the N.W. sector before it goes under I-89 into another stream and then into the lake. I could movR to accent Article 1 if the developer agrees to culvert the stream wh.--re the road crosses in two points and if the intregrity and purpose of the strewn is maintained for it's entire length either in its natural channel or by relocation where necessary and that good stream bank stabilization be practised. I'm not so sure that the "salt" provision is necessary, but the P.C. has requested it and the developer agrees. It can be part of a separate contract. 2. G.K. - water 3. ..."Trill not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dan--erous or unhealthy condition may result." The lots ink the N.W. sector on severe soils already pool considerable water, both from the stream and drainage. It is ray understanding that the developer plans to sell off these lots separately for development by private contractors. The developer maintains that he has design control over the entire sub -division but it is conceivable that he would not be actively involved at the time these questionable lots are developed. I could move to accept Article 3 if these lots (to be designated) come under specific Planning Commission approval before permits are granted by placing them into a separate contract. 3• 4. ..."highway congestion or unsafe conditions" (See Planning Commissions votes of August 19 - Pages 5-8 re: sidewalks) �tUESPION: Do the supersession of votes negate any recommendation for sidewalks? Can we prove potential danger to children who m9Cht walk or ride bicycles to the H.S. or H.S.? -lould this walking or riding along an inadequ-te shoulder create dan"er for vehicular traffic because of the blind hills? There might oe a. workable compromise here if the public access to a pedestrian or bicycle trail within the development could be located to cut down as much as possible the necessity of usin.; Dorset Street for this type of use. It would be less costly for the City to pick up its responsibility beyond the development with 1. Signs to reduce speed 2. Signs to warn of potential walkers and riders 3. Some system of signs or traffic light control for those who would cross in the Dorset Street -Kennedy Drive area. The question of a sidewalk built by the City could be addressed later when congestion warrants it, or when Dorset Street is widened or resur- faced or when the proposed bicycle trail system is initiated and approved. 5. G.K. - Schools 6. Municipal and overnmental services as addr,tssod by the Planning Commission on Pages 10 and 11 with regard to A. sewers and B. interior roads: A. The question of sewer pipe size has a direct impact on future development in the area. r. Szymanski has recommended 8 and 12 inch pipe. I don't believe we have statutes that prohibit the City requiring Specific J size pipes from a developer. We are setting engineer- ing conformance standards for all developer initiated sewers in the S.E. uuadrant. I would like a cost estimate to the City if we vote to accomodate the developer on Via pipe differential, just for the record. I believe we can require the larger pipe fromthe developer, and in a telephone conversation ,rith Mr. Spokes, he indicated that we could turn down -r 6 unless the developer complies. B. Interior roads: QUESUON: 1. T,That are specifications in our subdivision regulations? 2. Do the regulat-jons differentiate between private and public roads and to what extent? (see bottom of Page 2 and Page 3 of Spokes letter of August 12) I don't p-qrticularly see why the City should continue to accumulate roads for service and :maintenance if we can avoid it. 4. i A reason constantly put forth is that we get stuck with them even- tually anyway and while that has happened in the past because of poor controls, if we entered into contract with tnm developer that would guarantee perpetual maintenance by his heirs , and assigns, we would not get stuck, nor should we get stuck with drainage problems if the engineering requirements at time of sub -division hearing are adequately looked to. I am also personally in favor of the esthetics of not having wide streets and curbs in tliis tyre of development. I believe our sub -division regulations provide for streets adequate for fire -fighting, police protections and servicing of sewers and the developer shows a cul-de-sac on his plans. 7. O.K. with modified trail system that might be agreed to in relation to number 4. 8. Our Municipal Plan: (See Spokesletter of August 12)- bottom of page 1) I am satisfied that the development conforms if the questions I raise for number 1 are met. I would agree that the right to access to property supercedes the City's interest in a Conservation Gone but that for other than access we should hold to proper protection based on the best techi nical advise we can get. Xr. Reay's report is apparently acceptable to the developer. The question of salt can be addressed in a special contract as can the drainage problems in the = lots inthe N.'w. corner. The trail system is agreed to, and the question of trees in i�ir. Reay's letter can best be addressed during sub -division hearings. 9. housing - O.K. 10. Open space O.K. 11. Economy and efficiency of public facilities - O.K. - I believe we can control this through the City Engineer and the bonding provisions, the sub -division -regulations and any stipulations we make in any of the othe-r articles being considered. 12. Economic capability (See Spokes letter of August 15) WESTION: At what point can proof of mmership of entire parcel be required? T:Li_3 would seem to me to be the basic test establishing economic caoability, and Trithout the entire parcel under the control of the developer there will be no development accordin- to our Zoning Regulations except for 1 on 10. It's a terrible waste of the city's time and energy to go all the way to granting of a. permit if there is any risk that the developer may not have the entire parcel under his control. 13. Timetable - I'm confused by the sewer phasing (page 19 of P.C. findings) ,�UF,S Does the sewer -)having run concurrent with the development of the housing; units or should the main sewer be on a separate timetable? The first units completed and sold must use the public sector of the sewer. I do realize that bonding gives us protection and perhaps that is enough. 14. 0. K. JOHN T. EWING RICHARD A. SPOKES LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 May 28, 1974 Mr. William J. Szymanski City Manager 1175 Williston Road South Burlington, Vermont 05401 RE: Opinion No. X -4;~) PUD - Residential Development in AR District Dear Bill: 1;, AREA CODE 802 863-2857 rr1';rn The Planning Commission has asked several questions concerning a recent planned unit development - residential proposal for the AR District. The first question is whether a development of this type is permitted in the AR District considering the language contained in Section 5.30 of the Zoning Regulations. It is clear from this section that PUD-R's are per- mitted if serviced by municipal water and sewer. The developer must connect to the services at his expense if one of two conditions is satisfied. Connection is permitted if it is projected in a capital program that the area will be serviced by municipal utilities. The second possibility permitting development is if the Planning Commission and City Council determine that the requirements of Section 12.002 of the Zoning Regulations are met by the developer. The fourteen general standards set forth in Section 12.002 would be the applicable criteria. Based upon the above, it would be my opinion that if the Planning Commission and the Council feel the requirements of Section 12.002 of our zoning regulations are met by the developer, the proposal would be permitted in the AR District. The second question posed concerns recreational uses such as tennis courts or swimming pools as part of the PUD-R. Unfortunately, in researching this question, it is apparent to me that our present zoning ordinance has some very serious deficiencies. Nowhere are accessory uses permitted. Since there is language in each of our district sections to the effect that uses not expressly permitted are prohibited., a literal interpretation of the ordinance• would preclude any type of accessory use including tennis courts, swimming pools and perhaps even unattached garages. There are two ways in which the situation could be handled. EWING & SPOKES Mr. William J. Szymanski -2- May 28, 1974 The first is to require variance applications for any accessory use. It is arguable that a landowner is prevented from using his property for the permitted uses in the district if he can't also have customary accessory uses. The second possibility, which I strongly recommend, is to amend the present ordinance. As you know, there are several provisions which require correction and clarification and we should proceed as soon as possible with these housekeeping amend- ments. The amendment would permit customary accessory uses in all districts. Although the amendment process can be quite lengthy, some immediate relief is offered. On July 1st, certain amendments to the Vermont Planning and Development Act become effective, including an amendment to 24 VSA §4443(c). The amend- ment would require the Zoning Administrator to submit any zoning permit applications to the Council if the application were affect- ed by pending amendments to the zoning ordinance. The Council would have the prerogative to authorize the issuance of the zon- ing permit after public notice and hearing even though the zoning amendments were not yet adopted and in effect. I would encourage that we proceed with amendments to the ordinance since we are vulnerable in many areas including not permitting accessory uses. I think the above answers the question concerning the pro- posed swimming pool and tennis court for the PUD-R proposal in the AR District. I am assuming these facilities would only be available for the use of the inhabitants of the development. If it is open to persons outside of the development and income is received, I would conclude it is a commercial use, and not a customary accessory use. Very truly yours, Q'ZI Richard A. Spokes RAS:nm 1ti.. MEMORANDUM TO: SOUTH BURLINGTON CITY COUNCIL AND PLANNING COMMISSION FROM: RICHARD A. SPOKES, CITY ATTORNEY DATE: AUGUST 15, 1974 RE: RIDGEWOOD ESTATES PROPOSAL You have asked me to interpret criteria 12 and 13 under Section 12.002 of the Zoning Regulations. I. No. 12. Proof of economic capability that the developer can fully complete on schedule, the proposed PUD or phases thereof. Since compliance with the 14 criteria is in lieu of the requirement that municpal services to the subject property be projected in a capital program, the same factors which would normally be considered in determining whether municipal services should be extended should also receive emphasis under the present procedure. I would think the City's primary responsibility is to determine that the developer is financially capable of com- pleting all public improvements within a predetermined time period. Prior to the construction of.public improvements, the City should be assured that the developer can proceed with the construction of the residential dwelling units. Since municipal services are being expanded, I would interpret criteria 12 to require the developer to satisfy the City that the expanded facilities will be put to immediate use. This is particularly relevant if we are to commit any municipal funds for such things as paying the difference between the installation of an 8 inch sewer main and a 12 inch sewer main. I therefore would conclude that a conditional determination by the Council and Planning Commission that the 14 criteria will be met is appropriate. Prior to the commencement of public improvement construction or the issuance of zoning permits, the developer should furnish a formal commitment or other documentation satisfactory to the City Attorney, Council and Planning Commission showing that financing for the entire project is available. There is sufficient bonding authority contained in the Planning and Development Act, our Zoning Ordinance and our Sub- division Regulations to guarantee that all public improvements will be constructed and maintained at the developer's expense. Pursuant to 24 VSA Section 4416 the Planning Commission, under subdivision review, can require the posting of a performance bond in an amount to cover the full cost of all new streets within the development and required improvements on or in said streets. In addition the Planning Commission may require the bond to include the full cost of the maintenance of these streets and public -2- improvements for a period of two years after completion. "Public improvements" apparently includes streets, curbs, gutters, street lights, fire hydrants, shade trees, water, sewage and drainage facilities, and public utilities. See 24 VSA Section 4411. I feel the bonding authority contained in the Planning and Development Act is sufficient to cover streets, even though the developer does not propose to dedi- cate the streets to the City. Our Subdivision Regulations also permit the Planning Commission to require a performance bond to cover the full cost of new streets and the required improvements on or in said streets. Section 801. The performance bond shall run for two years from the date of approval of the final subdivision plan. There is also bonding authority securing the cost of all plantings the Planning Commission may require under site plan review. See Section 11.701 of our Zoning Regulations. I neglected to point out that the bonding authority con- tained in the Planning and Development Act permits the Planning Commission to approve a bond for a period of up to three years. The bond may with the consent of the owner be extended for an additional three-year term. In summary, the Planning Commission may require a bond in sufficient amounts to guarantee the construction of all public improvements, as defined above. Because of the stricter limi- tation in our Subdivision Regulations, I would recommend that the initial bond not exceed a term of two years. The bond, however, can be extended for an additional three-year term with consent of the owner. II. No. 13. Developmental timetable. Since it is impossible to estimate the length of time it may take the developer to obtain Act 250 approval and adequate financing, I would recommend that approval of criteria 13 also be conditional. In the meantime, I think it would be appropriate to ask the developer when he anticipates completion of the public improvements. M E M O R A N D U M To: South Burlington City Council From: William J. Szymanski, City Manager Re: Ridgewood Estates - Extra Data requested by Dr. Farrar Date: September 3, 1974 STREETS In the data submitted at the joint meeting of Aug. 7, 1974, regarding the capacity of roads, and subsequent to that on Aug. 12, 1974, the definition of a "Major Street, the information obtained from the manual on Arterial Highways in Urban Areas by American Association of State Highway Officials does, in my opinion, apply to Dorset and Swift Streets. SEWER PLANT - AIRPORT PARKWAY This development, Phase V, and the additional housing units in the Dumont developments will bring the average daily flow to the plant to approximately 900,000 gallons per day, allowing approximately 300,000 gallons per day for other development. SIDEWALKS ON DORSET STREET Any sidewalk construction on Dorset Street from the High School to just south of the Methodist Church should be such that it would accomodate a future 4 lane road. Cost, including widening west side, is approximately $140-1000. William J �Oanski, City Manager a, August 27, 1974 Mr. Rlfred A. Calcaani Calcagni Frazier & '-,7,ajchowski, Inc. 86 St. Pwil Street Burlington, Vermont 05401 Re !Iidgewood Estates South Burlington, Vermont Dear Ired: Councilmian Farrar requests the following additional information be furnished prior to the Council acting on your proposed project; 1. Furnish the Green 1"ountain Boring Company'-, report on tie soil borings. 2. The August 12th minutes seers vague reqardinc3 Point No. 10, and a more definitive report is requesteLt. 3. A letter stating that the road serving the to-v.rnIllouscs can be used to serve the corner property (Myers) when it is developed. This is if the street is a i)rivate street. 4. A letter accepting the conditions specified by the Planning Commission when they approve the 14 points. Please submit this information as soon as possible. Very truly yours, i'vUlliam J. Szymanski City 111anager WJS/h .' i .0 M E M O R A N D U M TO: CITY COUNCIL FROM: RICHARD WARD, ZONING ADMINISTRATOR RE: RIDGEWOOD ESTATES DATE: AUGUST 26, 1974 Presently South Burlington has three approved developments as follows: Cedar Glen North, Potter - - - - 92 Units Pine Brook, Haas - - - - 50 Units Sunnyview, Dumont - - - - 68 Lots Housing starts as of September, 1974 were Dumonts in the Sunnyview development - 8 single family dwellings Potters Cedar Glen North - 15 condominiums. In addition there were a few individual dwellings constructed. For the fiscal year 1973-1974, 29 permits were issued representing 32 dwelling units, a percentage increase of approximately 1.2%. South Burlington's "Growth Policy" allows for a 2% growth rate or that growth rate equal to the county's, whichever is larger. Based on information furnished by developers of Pine Brook, Cedar Glen and Ridgewood, these developments could represent 60 new housing unit starts for the year 1974-1975. This figure will involve a growth rate in excess of 2%. Rough figures furnished by the Regional Planning Commission project a 5 year growth rate in the county (1970-1975) of 11.1%. Using a 1974-75 growth rate of 3%, South Burlington would have a 5 year growth rate (1970-1975) of approximately 10% (see attached charts). Richard Ward, Zoning Administrator 11 C C T FINANCIAL SERVICE S CORPORATION 154 DERBY AVENUE NEW HAVEN, CONN. 06509 August 15, 1974 Mr. Paul Casavina, Jr. CBC Realty and Development, Inc. South Burlington, Vermont 05401 Gentlemen: 624-2100 AREA CODE 203 Please be advised that we have reviewed your proposal for one hundred townhouses and fourteen single family houses, Ridgewood Estates, and we find this to be a viable development concept. We realize the problems involved in obtaining state and local agency approval; however, you are well qualified and seem to be on your way to obtaining such approvals. When these approvals have been obtained, we look forward to working out an interim financing development program with you. We, of course, recognize the necessity of involving local banking institutions in the long-term financing for which they are so well suited. Looking forward to working with you. Sincerely, John R. MacArthur Vice President JRM:bbm A SUBSIDIARY OF FIDELITY CORPORATION OF PENNSYLVANIA 1 1 _._ 1 LIMITATICH S FOR HOUSES WITH BQSEM TS , 3 STMISS OR UM (Explanation) ,z The following map shows that, in general, the areas near the airport and, east of Route U. S. 7, in the vicinity of the University of Vermont Horticultural Research Center, have few limitations for this type of houses. This is due to the deep sandy soils on level slopes, which are ideal for houses. On steeper slopes limitations bocone modorate to very severe, depending on the steepness and the erosion hazard.. The clay soils and the sand ovor clay or silt soils have severs to very severe limitations. These soils occur south of Potash Brook, in tho area east of Spear Street. The clay soils are ospecially prono to heaving, due to alternate freezing and thawing. Special drainage practices are needed to pro - vent damage to house foundations and other structures. Soils on flood plains have very severe limitations, due to the danger of flooding and problems of sewage disposal. r ki SOUTH BURLINGTON SCHOOL DISTRICT SOUTH BURLINGTON, VERMONT 05401 FREDERICK H. TUTTLE Superintendent LAWRENCE E. LECOURS Assistant Superintendent Mr. William J. Szymanski City Manager 1175 Williston Road South Burlington, Vermont 05401 Dear Bill, OFFICE: SOUTH BURLINGTON HIGH SCHOOL Dorset Street August 15, 1974 The School Directors took the following action at their regular meeting on August 14, 1974. They approved my recommendation that construction of the Ridgewood Estates development and the Pinehurst Associates development "will not cause an unreasonable burden on the ability of (this) municipal- ity to provide educational services". If you have any questions, please contact me. Sincerely yours, Frederick H. Tuttle Superintendent of Schools cc: Mr. Michael D. Flaherty Mrs. Mary Barbara Maher Mr. Richard Ward August 1S, 1974 Mr. William J. Szymanski City Manager 117S Williston Road South Burlington, Vermont 3 401 Dear Bill, The School Directors took the following action at their regular meeting on August 14, 1974. They arproved my recomondatior that construction of the Ridgewood Estates development and the Pinehurst associates development "will not cause an unreasonable burden on the ability of (this) municipal- ity to provide educational services". If you have any questions, please contact ne. :sincerely yours, ire Frederick it. Tuttle Superintendent of Schools cc: Mr. Michael D. Flaherty "trs. 4&ry Barbara Maher Mr. Richard hard 1 3:„3o R��rb'S:'3oP�l. 3,�A0 96 S,rJo 00�. _-�- �o Fe-4�iio��v j vv/�» 7.b'� • �.Cc.�. s��,l�r �'o Ste„ovlot m DESIGN CONTROLS AND CRITERIA 123 zoo 800 /000 I 1600 KEY I I I I I //% /, . o 202 Percentage of trucks FREEWAYS O - L /•qht cross lroffic no sign/ control ITO b - Heovy cross troff/c // with sign/ control ; :... • /o . . c-With pork/ng lanes I 00 / �/,-Norma/range I0 OZO I EXPRESSWAYS AT GRADE Ell --: =.,:. 0 to ZO :::I MAJOR STREETS ii , Zoo 400 600 800 1000 /too QDes/gn Lone Capacity —Vehicles per Hour v� URBAN ARTERIAL HIGHWAYS � RANGE IN LANE DESIGN CAPACITIES Figure C-9 4/7 SB INSURANCE REAL ESTATE & .1 Smith Bell & Thompson INCORPORATED 102 SOUTH WINOOSKI AVENUE, BURLINGTON, VERMONT 05401 802-658-4800 r July 26, 1974 Mr. Fred Blais CBC Realty $ Development Inc. 86 Suburban Square South Burlington, Vermont Dear Fred: Pursuant to your request for data relative to the demand for housing in South Burlington, specifically in the above $40,000 price range, I submit the following. South Burlington generally, and more specifically the southern portion of the city, is considered to be the most desirable area in Greater Burlington to live. We estimate that 50 to 600 of our clients initially request to look on the south side of Burlington for housing. This encompasses both people presently residing in this area and newcomers. Unfortunately, because of the demand, most often we have very little property to show in the above described area. Our agency, in 1973, sold 14 properties located in the subject section of South Burlington. We estimate that we could have doubled that number, had there been availability. In checking with Hickok $ Boardman and Lang, our two nearest competitors, their experience is much the same. The records of the Multiple Listing Service for the past 12 months, which incidentally consists of 42 Realtor agencies and 110 full time agents, show that approximately 85 homes were sold in South Burlington with 62% sold on the south side. Forty seven of the total sold for over $40,000. I\ /i� RFAU Of7' •- SB INSURANCE REAL. ESTATE. &T Mr. Fred Blais Page Two July 26, 1974 With specific reference to your proposed Ridgewood Estates, I can say with considerable confidence that the residential lots you are proposing will be sold almost immediately upon construc- tion of services to them. The condominium portion of the proposed development will be successful, primarily because of the location. Consideration is also given to the anticipated fall start of the project. This, combined with location, allows your project to be the first bonafide condo-P.U.D, project in the area and should result in the sale of the 94 units over a three to four year period, barring any unforseen, drastic changes in our economy. I hope the preceeding is helpful in your evaluation of the marketing potential of your project. RAM/efm i Since�ely, Al. A. 14yette Vice Pres. & Gen'l. Mgr. Real Estate Division I � tines - acob.... REAL ESTATE TEL. 802 863-5516 205 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 July 25, 1974 South Burlington Planning Commission South Burlington, Vt. Attention: Mrs. Mary Barbara Maher, Chairman Dear Mrs. Maher: Our Agency has been requested to comment on housing types, ~- costs and characteristics of the most imminent need in the area. Generally lower priced homes are of the most imminent need. However, it is recognized that with present costs of development these can not be delivered as new units to market without signi- ficant financial subsidy. Housing starts in the last 3 or 4 years have been fewer than might be considered normal. Therefore any additional housing starts at this time are needed to offer supply and choice to the market place. Any development technique that can assist in keeping costs down in face of present inflation should be encouraged. However, houses of the mid and upper income ranges are frequently bought by existing citizens, therefore, leaving existing units in the market for mid and lower income range buyers. In general the market can support additional housing starts now and for the immediate future. Respectfully submitted, ;.7 Peter L. Jacob Realtor JANES & JACOB, INC. PLJ/rb Branch Office, Dairy Center, tnosburq, Vermont 03430 2-- I -7 ^ � wi .:,•;.1 t w.a 403 QUEEN CITY PARK ROAD SO. BURLINGTON, VERMONT05401 Mr. Fred Blais Ridgewood Estates South Burlington, Vermont 05401 Re: Ridgewood Estates water ,supply Dear Sir: August 6, 1974 Please be advised that the Champlain Water District has in operation a 24-inch line running along Swift Street in the City of South Burlington to the intersection of Swift and Dorset Streets. The C.W.D. also owns a l0-inch line along Dorset Street extending from this intersection northerly to he approximate area of the Methodist Church. It is the policy of the Champlain Water District to permit connections to these water mains, such connections to be under the jurisdiction and auspices of the South Burlington Water Department. Because of the size and location of these mains, it is reasonable to assume and predict that there is an adequate water supply in this area to meet all foreseeable present and future needs. The water requirements of the planned Ridgewood Estates development will create no burden on the existing water facilities in the area. Sincerely, !l, iv.E R. W. Emerick Executive Director RWE/sp cc: South Burlington Water Dept. 44 August 5, 1974 8 Mr. Farrar made a motion to address a letter to the State's Attorney and a copy to the Governor to prosecute traffic violators on Williston and Shelburne Roads. Mr. Merrill seconded said motion which passed—_ unanimously. Mr. Merrill suggested to Chief Carter that a letter be written to someone who has been robbed as a follow-up. Mrs. Neubert asked if on the traffic enforcement, can they do it with the staff they have now. He stated he cannot do anything more than what they are now doing. Mr. Cimonetti stated that if the City is to have stricter enforcing of the speed limits on Williston and Shelburne Roads, something would have to give. He would like to see an immediate and occasional repeat of a strict enforcement of the speed limit on those streets so people will know. There was discussion, re: crack -down to be on Williston and Shelburne Roads and to give warnings. There was also discussion, re: security force at the Airport with regard to the South Burlington Police. RESIGNATION OF MR. SCHMUCKER FROM PLANNING COMMISSION Chairman Flaherty read Mr. Schmuckers letter of resignation dated July 24, 1974. The Council unanimously accepted Mr. Schmuckers resignation with regret. DISCUSSION ON SOUTHEAST QUADRANT Dr. Farrar stated that in preparation of impact studies and data as stated in section 12.002 of the City Zoning Ordinance for Planned Unit Developments that the information consider the effect on the entire city not just the area of development. This information to be forwarded to the developer of a portion of the Myers property at Dorset and Swift Streets which will be presented to the Planning Commission and City Council on August 7, 1974. Dr. Farrar made the following motion: That in considering Article V, Sections 5.30 and Sections 12.002A of the City Zoning Ordinance, the City Council will attend the Special Planning Commission meeting and take part in the ensuing discussions indicating where it thinks that sufficient discussions have been held on each of the fourteen points of Section 12.002A. However, the Council shall take no formal action at that meeting. If the Planning Commission approves the information submitted under Section 12.002A, the City Council shall within one week submit in writing to the developer a request for any additional informa- ion that anv council member miant require. upon receipt of tnis information the Council shall, within 14 days, schedule a meeting to act upon the information requested. At this meeting the Council shall act on each of tze fourteen points oF Section 12.002A separately with an affirmative vote required on each of the fourteen points. Mrs. Neu ert seconded this motion. It passed unanimously. SOUTH BURLINGTON NOTICE SUBDIVISION HEARING The South Burlington Planning Commission will hold a public hearing; at the South Burlington City Hall, Conference Room 1175 tJilliston Road, South Burlington, Vermont on . Tuesday, August 13, 1974 at 7:30 p.m. to consider the following: Application of C.B.C. Realty & Development, Inc., Mr. Frederick G. Blais, of South Burlington, Vermont for approval of a subdivision of a parcel of land containing fifty-seven ( 57 ) acres into fourteen (14) residential lots and a planned unit development of one hundred (100) townhouse units with recreation facilities, said parcel of land is located on Swift and Dorset Streets, bounded on the west by properties of 14hittlesey and Edlund, on the north by property of Economou Farms, Inc., on the south by the Mormon Church and on the east by properties of the Faith Methodist Church, William Robenstein and Isadore Myers, as per plans on file in the City Hall Offices. Mary Barbara Maher, Chairwomen South Burlington Planning Commission July 29, 1974 MELVIN A. MONELL CHIEF f �S 863-6455 7jre BPpartzrrent Pabgixttrtm DORSET STREET OFFICE OF CHIEF ENGINEER CITY OF SOUTH BURLINGTON, VT. August 5, 19 74 Chief Melvin A. Monell So. Burlington Fire Department Subject: Ridgewood Estates Cornzr of Swift and Dorset Sts' Dear Sirs, It is the decision of this Department that the development of Ridgewood Estates, at the present time; would create little or no burden on The South Burlington Fire Department. An adequate water supply is available and the location of the development would mean a minimal response time for the department. Sincerely, Chief Melvin A. Moonell 0 `1711t,711 OF a DIST ICT 4 E=IVIIRP�` ":VITAL C7°^'ISSIO'T i R': C.B.C. 'fealty and Develops-ient, Inc. Preliminary Findings of '6 Suburban Square Fact and Conclusions of South Eurlin-ton, Vermont Law Application #4C^I1G1 Set forth below are the Preliminary Findings of Fact and Conclusions of ??Law on an application filed by C.^.C. 'Realty an]. Develo,)nent, Incorporated, 36 Suburban Square, South urlir.-ton, Vermont. The application is for a Land Use Permit for 100 townhoiies and 14 individual lots in cluster concept located on 157 acres at Dorset and Swift Streets in South Burlington, Vermont. The specifi- !cations for the project are contained in the application filed September 27, 1974 including the folloi;Jng attachments: A --Letter of September 20, 1974 to Mr. :'Blais from Mr. [:lard approvin^ the subdivision; B--July 15, 1974, Statement of Development Intent; C--Letter of August 6, 1974 to Mr. F,lais from Champlain Water District regarding water supply; ')--Erosion Control; r--Letter of August 15, 1974 to I1r. Szymanski from Frederick Tuttle concerning impact on school system; F--Community ECOTIoPiic Impact Statement; G--Letter of August 5, 1974 from Fire Department; Ii--Legal Opinion frOT11 City Attorney; I --City of South Burling- ton conditions, Septei�i1_,er 19, 1974; J--Letter of September 24, 1974 from Mr. Szymanski regarding water and sewer systems. Additional information submitted as exhibits is as follows: 2--Letter of October 1, 1974 to Mr. Blais from Mr. Syzmanski regarding airport parkway sewer plant capacity; 3--Letter of September 26, 1974 to Mr. Blais from B.F. Brault regarding electric service; ''6--Letter of October 9, 1974 to 'Ridgewood Estates f.ror Rist-Frost, Associates regarding; sewerage facilities for the development; 8--Letter of October 14, 1974 to Mr. '•icNamara from Frederick Tuttle regarding bus service for the development;. 9--Letter of September 3, 19711 From the Fire Department clarifying letter of August 5, 1974; 10--?Revision to City Econot:iic Impact; 12--Utilities plan revised IlOctober 28, 1974. The District Corunission held a hearing on its own motion on October 23, 1974 with the following parties present: The Applicant, the City of South Bur- lington, the South Burlington Planning Commission, Adjoining Landowner William Robenstein, and the Agency of Environmental Conservation. Based on the record, the Commission makes the following preliminary findings of fact. These findings of fact are based on the 10 criteria set forth in $6086(a) of Title 10. l) The proposed development and subdivision will not result in undue water or air pollution, prow?^d that the applicant receives certification that the proposed developnent and subdivision conforris to the Department of Health Subdivision Regulations. a. The storm drain system for the prohose,J developnent and subdivision will dischar-e into two small brooks. Catch basins in the storm drain system have been desi-ned to provide for control of sediment and floating mater- ials. "either the applicant or the association will use salt on any of the paved areas which it controls, as st1pulated in the City of South Burlington Condition "lumber 1. The applicant will be required to obtain a discharge nerriit fro,, the Department of Water Resources. b. Sewage disposal for the proposed development and subdivision will be provided by connection to the South ;url.ington municipal system. �i C. The anticipated sewage flows are within the capacity of the South Rurling- ton sewer plant 2) . -2- d. The final design for the connection onto the i-iunicipal sewer system will be in accordance with City specifications. The final plans must be sub- mitted to and approved by the Agency of Environmental Conservation. e. The construction of the connections to the municipal water and sewer lines must be completed prior to construction of the buildings. i 2) The proposed development and subdivision does have sufficient water avail" able for the reasonable foreseeable needs of the development and will not cause an unreasonable burden on the existing water supply. a. Water for the proposed development and subdivision will be provided by connection onto the City of South nurlington water system. b. The Champlain Water District has stated that there will be sufficient water available for the proposed development and subdivision. c. The final design plans for connection onto the municipal water will need to be reviewed and approved by the Department of Public Health. 3) The proposed development and subdivision will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a danberous or unhealthy condition -nay result. �I a. The applicant will follow the detailed measures for control of soil erosion durin.-.7 construction subi,itted as attachment 1). 4) The proposed development and subdivision will not cause unreasonable congestion or unsafe conditions with respect to use of the highways, waterways, railways, airports and airways, and other means of transpor- tation existing or proposed. a. Streets within the proposed developr:Lent and subdivision will be construct- ed to City standards except curbs and sidewalks will not be provided. b. There were extensive discussions at the local level concerning the con- struction of a sideway: along Dorset Street. Linder Condition 'lumber 2 agreed upon with the City of South Burlington, the developer will provide M a ;ravel walkway along Dorset Street from Ridgewood Drive to Kennedy Drive. c. A footpath t1irou;i the development and adjoining property instead of the proposed walkway might be more in keeping .Ath the rural nature of the area. The applicant will check into this possibility. 5) The proposed levelopi.icat and subdivision will not cause an unreasonable burden on the ability of t'ae municipality to provide educational services. a. T,e school directors of the Sout") Turlingtoa School District approved the recoru.iendation of the Superintendent of Sc%ools that the construction of t'Ze I: agewoo(, aad ''i'?.e'"lurst �-jevelopmeats will not cause an unreason- able burJun ou thrc a: ility of t?:e nunicipality to provide educational services. 6) The proposed 'ovelop gent an,! subdivision will not place an unreasonable burden on the ability of L'ic local 4,overnme,lts to provide municipal or Zovernriental services. t a. The a-)pli.cant }gas su1mitt,2r_' an economic inpect Statement to the City of South Burlington.. Ivan with the i-ost conservative of all figures, there is still a postive cas';:Clow to the City as a result of the proposed developnent and subdivision. b. The Fire C'iief s reviewed the plar.s and found that the proposed devel-opment and subL. iVjS4 on would create little or no burden on the South Burlin-ton Fire Department. 7) The proposed development and subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare and irreplaceable natural areas. a. The majority of the site is openand will require substantial landscaping. The applicant will landscape according to the plan submitted with the application. The applicant and the association shall be responsible for the maintenance of the landscaping and preserving the character of the landscaping. b. The applicant will retain the flexibility of siting the lots and houses so as to preserve as many of the existing trees as possible. c. The only Signs for the proposed development and subdivision will be j standard street si-ns. is d. All utilities within the proposed development and subdivision will be installed underground. e. Lighting within. the proposed development and subdivision will be at a low level. The roadside ligpiting has been reduced as shown on the plan revised October 28, 1974. 8) The proposed development and subdivision is in conformance with a duly adopted capability and development plan. a. The applicant has reached an agreement wit`i the city of South Burlington as to the rate at which units within the proposed development and sub- division will be constructed. b. Although there is excellent agricultural soil within the site of the proposed development and subdivision, there is not enough of the soil i to be of high value for commercial a;-riculture. i' c. All buildin^s wit;-lin the development proposed and subdivision will be P insulated to minimum standards to conserve energy. Insulating glass will be utilized. d. Sewage and water facilities wit'iin the proposed development and subdivision will be constructed to City standards and taken over by the City. e. The applicant iias received letters from the necessary utilities stating that there will be adequate facilities and services available for the proposed development and subdivision. 9) The proposed development and subdivision is in conformance with any duly adopted local or regional Man. n li -4- 11 a. The attorney for the City of South Burlington has issued an opinion that the proposed development and subdivision is in conformance with sj the local plan. b. There is no duly adopted regional plan with which the proposed devel- opment and subdivision nust conform. COUCLUSIONS OF I.AW The development of 100 townhomes and 14-lot subdivision as set forth in the application, attachments A-J, and exhibits 2,3,6,8,9,10, and 12 has been determined by the District 4 Environmental Commission to satisfy criteria 2,3,4,' 5,6,7,3,9, and 10 pursuant to 10 VSA, Chapter 151, ss69 6(a). The Commission reserves judgement with respect to criterion 1 pendin; issuance of a Certifica- tion of Compliance under the Verriont Department of 'Health Subdivision Regulations. That Certification requires review of the final design of the connection onto the municipal sewer systen and the final design of connection to the municipal ,rater system. Set forth_ below are the preliminary conditions which shall be made a part of any permit issued. 1. The Cor_uiission i.iaintains continuin.; jurisdiction during the lifetime of the permit and may periodically require that the permittee file a statement t%at the project is being completed according to the terms of the perriit. 2. The project -'area for this development is that land 3,'entified in the plan-, w-7.tti the a-pplication. ?o portion of the project area :day `)e used for any ot'ier. purpose . ithout the prior approval of the ror.lmJ._S3i0ra. 3. The .applicant an.(' its successor, the Homeouner's Association shall maintain the landscaping, preserving its character, for the duration of the permit. 4. All buildin-s in the proposed development and subdivision shall be insulated to the minimun standards as shown on the typical detail submitted with the application. Other conditions relative to criterion 1 may be attached as a result of review of the Agency of Enviroruaental Commission under the ?ubdivision Regulations. Dated at Esse.; Junction, Vermont, this 6th day of November, 1974. For the District #4 Environmental Commission Curtis ?1. Carter Environmental Coordinator STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION RE: ) DISTRICT ENVIRONMENTAL COMMISSION NO. 4 C.B.C. Realty & Development Inc. ) APPLICATION NUMBER 4CO161 100 townhouses and 14 individual lots ) South Burlington, Vermont ) DATE: OCTOBER 15, 1974 AGENCY PRE -HEARING COMMENTS Enclosed are comments of the Environmental Advisor and the Vermont Department of Highways. The application notes that the developer plans to utilize municipal sewage treatment. There does not appear to be detailed information in the application with regard to extension of the sewage treatment line to this site. A Department of Water Resources review will be required for the sewage extension. It should be further noted that sewage line extension itself may require an Act 250 permit. The application should be amended to explain the means of sewage disposal and to cover placement of the additional lines which will be required by the project. In addition, the Agency would recommend that no buildings be erected at the site until sewage connections are complete. Rule #13(c) will apply. The Environmental Advisor's comments note that a Water Resources Discharge Permit / will be required for the development. The Environmental Advisor mentions the stimulus to development which a sewer line extension to this area of South Burlington will have. The City should be prepared to comment on impact to the municipality. It would appear that soils on this site are unstable. The development may be subject to heaving and dislocation. It will be necessary to build very solid foundations to protect the development against the unstable soils. This matter should be explained to the District Environmental Commission by the developer. Tile Environmental Advisor further notes that the development will preclude future commerical agricultural use of the tract of land upon which the development is to be located. Under criterion #9(b), the applicant must meet four sub -criteria. the District Commission should insist upon adequate showings under each of these four criteria before granting a land use permit in this matter. Respectfully submitted, AGENCY OF ENVIRONMENTAL CONSERVATION By Stephen B. Sease, Administrator Land Use and Development R E C E I V E D OCT 171974 MANAGER'S OFFICE CITY SO. BURLINGTON Page No. 2 C.B.C. Realty and Development Inc. South Burlington, Vermont October 15, 1974 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Agency Pre -Hearing Comments was sent by U.S. Mail (postage prepaid) to all statutory parties. Dated on this 15th day of October, 1974 at Montpelier, Vermont. STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION By Stephen B.'Sease, Administrator Land Use and Development t L61 ' 100 State of N en-nont 6 � Department of Fish and Game Department of Forests and Parks Department of Water Resources Environmental Board Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council AGENCY OF ENVIRONMENTAL CONSERVATION ROBERT B. WILLIAMS, Secretary Montpelier, Vermont 05602 DEPARTMENT OF FORESTS AND PARKS P.O. Box 132 Essex Junction, Vermont October 4, 1974 Mr. Stephen Sease Environmental Board Agency of Environmental Conservation Montpelier, Vermont RE: Application #4C1061 Ridgewood Estates 114 unit PUD in South Burlington Site Description: The 57-acre site is south of Route I - 189 in South Burlington at the corner of Dorset and Swift Streets. Formerly used as meadow and pasture the parcel is mostly open. The principal woodland is in the area of lots 8-14-mixed hardwood and hemlock of pole -small sawlog size with very little understory due to past grazing. Other wooded areas are a narrow strip of basswood and elm proceedingsouth from lot 12 and culminating in a knoll wooded with maple and hickory poles east of lot 3, and a wooded stream valley in the northeast corner of the property. The townhouse units are located on a t idge of Nellis and Vergennes soils with a north aspect. Soils in the central and western sectors are clays: Livingston, Covington, and Vergennes. The proposedi_pond is in a very wet area which drains into the small brook which runs northerly. The property is bounded on the north by open agricultural land, on the east by two churchs, two residences, Dorset Street and meadows beyond, on the south by Swift Street with meadowland and Swift Estates (#300027) beyond, and on the west by low density residentiAl. Plane and Comments: It should be noted that the proposal is designed to conform to mu- nicipal ordinances which require mixed types of housing for projects of this magnitude. I have met with the applicant on several occasions to discuss the plans, and was accompanied by Bob Towne, SCS on a site inspection. The project will utilize municipal water and sewer facilities. The Mr. Stephen d 3e -2- ( )ctober 4, 1974 extension of municipal sewage to serve this proposal will, in all probability, trigger preliminary development plans for large, un- developed tracts along Dorset Street. Water pollution should be insignificant due to the use of municipal sewers and restricted use of road salt (see pp 2,3 of 8/19/74 Planning Commission meeting). Storm sewers will discharge to waters of the state at five locations - one on the Dorset Street access road, and at lots 1,2,4, and 6. A Water Resources discharge permit will be needed. Air pollution will not be a concern since heat is anticipated to be gas fired hot water and wood-burnipg fire- places, and no on -site burning is planned. There are no extensive site modifications planned which will result in soil erosion. An erosion control statement is included in the application. Rip -rap and catch basin details are included in the map package. There will be two accesses to public highways: one on Dorset Street and one on Swift Street. Sight distances at both intersec- tions are good. The roads will not be constructed to city standards. The roads will be private, however if the city is requested to assume maintenance responsibility, the applicant has stipulated that the homeowners must bear the cost of bringing the roads up to city standards. The applicant is aware of the problems common to road construction on heavy soils. Bike paths are also planned. These conform to the city bikeway plan. See letter of 8/15/74 from Frederick Tuttle, Supt. of Schools regarding educational services. This project should not place a burden on the municipal services of the city - see letter from fire chief and city manager. As viewed from the piiblic highway and adjacent properties this proposal has retained as many of the natural aesthetic features as possible, ie. woodland in NE corner and central portion, however I am very concerned over the proposed building within the large wooded area north of the pond. The stand is principally mixed hardwood of pole and small sawlog size with an admixture of hemlock. The soil is Livingston wet clay which restricts root development. This area has been heavily grazed resulting in soil compaction, which is also detrimental to root growth and normal functions. The openings which will be created by the road and 5-7 houses will drastically reduce the stand's ability to withstand heavy winds. Also, the heavy soil which is present will accentuate the potential damage from overfill. No significant environmental loss will be realized if the area is de- stroyed; however, the applicant should be willing to accept the consequences of building in this area. Aesthetic qualities will be enhanced by the underground utilities and proposed pond. I would recommend that the applicant consult the SCS for planning assistance regarding the pond. That portion of the development to be occupied by the townhouse units is good agricultural soil. This development will preclude future Mr. Stephe( ease -3- October 4, 1974 commercial agricultural use of this land, however portions of the open space will be available for community gardens. This area is also good forestry soil although it has not been used for forestry for many years. There do not appear to be any earth resources present. Fire- places will be available, thereby utilizing alternate sources of energy (wood and gas) for heat. The only private utility will be the road system which has been previously discussed. Public utilities appear to be adequate for the needs of the development. The project appears to be in conformance with the local plan. Since a y, +(44-C Russell S. Reay Environmental Advisor rsr/jlg cc: Norman Hudson OFFICE OF 'rNE COMMISSIONER STATE OF VERMONT DEPARTMENT OF HIGHWAYS MONTPELIER 05602 . OctobeA 4, .1974 Act 250 Adm i n i str•a-`or Agenc,; of Env i ronrn- nt a I Conservation Division of Environmental Protection Montpelier, Vermont 05602 NOTICE. OF,APPLICATION TO ENVIRONMENTAL DISTRICT Re: A11. #4CQ161-., C—B-C ReaLta.aurf lle oPn) noj44, 14W,_,-4GL. Bufcting-ton Dear Sir: Pursuant to the provisions of Act 250 of the 1970 Legislature, Environmental Eoard and District Commissions, the Department of Highways has revievied the above -referenced Notice and offers the following: iNo adverse comment EIThis agency may have a program affected by this project Land indicates interest as follows: Pmni t {ion acee6.6 ,to 'Ookse-t S Swi6 t S•tAee" mu,6-t be obtained 6nom the City. Co► tAuction o6 devetopment Aoads shoutd be in accondanee witJL City o 6 So. Buxt i.ng,ton kequiAee►nePtt6 an A- 76 -6tanda)Ld6. cc: DiztA .e t Engineer Remick Attact►. Sincerely, ohn T. Gray Commissioner STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CHITTENDEN COUNTY RE: ) DISTRICT ENVIRONMENTAL COMMISSION NO. 4 C.B.C. Realty & Development Inc. ) APPLICATION NUMBER 4CO161 100 townhouses and 14 individual lots) South Burlington, Vermont ) DATE: OCTOBER 2, 1974 NOTICE OF APPEARANCE Please enter the appearance of the Agency of Environmental Conservation, State of Vermont in the above captioned matter. STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION By CERTIFICATE OF SERVICE *i'w 0. �e�iy Stephen B. Sease, Administrator Land Use and Development I hereby certify that a copy of the foregoing Agency Notice of Appearance was sent by U.S. Mail (postage prepaid) to all statutory parties. 1. C.B.C. Realty and Development Inc., % Frederick G. Blais, 86 Suburban Square, South Burlington, Vermont 05401 2. Curtis Carter, Environmental Coordinator, P.O. Box #108, Essex Junction, Vermont 3. City of South Burlington, Williston Road, South Burlington, Vermont 05401 4. City of South Burlington, Planning Commission, South Burlington, Vermont 05401 5. Chittenden County Regional Planning Commission, P.O. Box #108, Essex Junction, Vermont 05452 6. William P. Hall, III, Environmental Advisor, Box #121, Essex Junction, Vermont 05452 Dated on this 2nd day of October, 1974 at Montpelier, Vermont. STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION Y Stephen B. Sease, Administrator Land Use and Development