The URL can be used to link to this page

Home My WebLink AboutBATCH - Supplemental - 0000 South Beach RoadAGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WATER QUALITY DIVISION 103 SOUTH MAIN STREET WATERBURY, VERMONT 05671-0408 PUBLIC NOTICE PUBLIC COMMENT PERIOD: September 2, 2010 —September 13, 2010 PERMITTEE INFORMATION PERMITTEE NAME: The Landings Condominium Association PERMITTEE ADDRESS: P.O. Box 3009 Burlington, VT 05401-3009 GENERAL PERMIT NUMBER: 3-9010 PERMIT NUMBER: 3167-9010.R PREVIOUS PERMIT NUMBER: 3167-9010 DISCHARGE INFORMATION NATURE: Treated stormwater VOLUME: As necessary RECEIVING WATER: Lake Champlain EXPIRATION DATE OF AUTHORIZATION TO DISCHARGE: Ten years from issuance date of final permit DESCRIPTION: This is a draft authorization to discharge proposed for issuance to The Landings Condominium Association for the discharge of stormwater runoff from The Landings Condominiums located in South Burlington, Vermont to Lake Champlain. The means of treatment include an underground sand filter. -2- FURTHER INFORMATION The complete application is on file and may be inspected at the VANR, Waterbury Office. Copies will be made at a cost based upon the current Secretary of State Official Fee Schedule for Copying Public Records and may be obtained by calling 802-241-3770 from 8:00 a.m. to 4:00 p.m., Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Written public comments on the proposed authorization to discharge are invited and must be received on or before the close of business day (7:45 am - 4:30 pm) September 13, 2010, by the Agency of Natural Resources, Department of Environmental Conservation, Water Quality Division, Attention Vicki Hill, Building 10 North, 103 South Main Street, Waterbury, Vermont 05671 or send via email to Stormwater@state.vt.us. If sending by mail, the general permit number should appear next to the VANR address on the envelope and on the first page of any submitted comments. If sending by e-mail, the general permit number should appear on the subject line. All comments received by the above date will be considered by DEC prior to issuance of an authorization to discharge under the general permit. FINAL ACTION/APPEAL At the conclusion of the public notice period and after consideration of additional information received during the public notice period, the VANR will make a final determination to issue or to deny an authorization to discharge under the general permit. Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The appellant must attach to the Notice of Appeal the entry fee of $250.00, payable to the state of Vermont. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project or facility with which the appeal is concerned and the name of the applicant or any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontjudiciary.org. The address for the Environmental Court is 2418 Airport Road, Suite 1, Barre, VT 05641 (Tel. # 802-828-1660) Justin G. Johnson, Commissioner Department of Environmental Conservation State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>VOiCE 1-800-253-0195 VOICE>TDD Donna Kinville City of South Burlington 575 Dorset Street So Burlington VT 05403 Re: Authorization to Discharge Stormwater Runoff Dear Ms. Kinville, AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 FAX 802-241-3287 TEL 802-241-3770 September 29, 2004 Enclosed are two copies of the Public Notice for the comment period for an Authorization to Discharge under General Permit #3-9010 proposed for issuance to The Landings Condominium Association. The Authorization to Discharge will authorize the discharge of stormwater runoff from The Landings located on South Beach Road in the City of South Burlington, Vermont to Lake Champlain. We respectfully request that a copy of the Public Notice be posted in the Town Offices starting 09/30/2004 through 10/11/2004. The other copy is for your local officials. We are also sending copies of these notices to other local officials and interested persons who have asked to be included on our mailing list. We will be glad to send you additional copies if you desire or add names of interested parties to our mailing list. Sincerely, Michelle Lavigne Environmental Technician Stormwater Management Section enclosures (3) cc. Board of Selectman (w/enclosure) Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury F1, AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WATER QUALITY DIVISION 103 SOUTH MAIN STREET WATERBURY, VERMONT 05671-0408 PUBLIC NOTICE PUBLIC COMMENT PERIOD: September 30, 2004 - October 11, 2004 PERMITTEE INFORMATION PERMITTEE NAME: The Landings Condominium Association PERMITTEE ADDRESS: c/o Appletree Bay Property Management PO Box 3009 Burlington VT 05401-3009 GENERAL PERMIT NUMBER: 3-9010 PERMIT NUMBER: 3167-9010 PREVIOUS PERMIT NUMBER: 2-0108 DISCHARGE INFORMATION NATURE: Treated stormwater VOLUME: As necessary RECEIVING WATER: Lake Champlain EXPIRATION DATE OF AUTHORIZATION TO DISCHARGE: August 5, 2010 DESCRIPTION: This is a draft authorization to discharge proposed for issuance to The Landings Condominium Association for the discharge of stormwater runoff from The Landings located in South Burlington,Vermont to Lake Champlain. The means of treatment include rip -rap outlet. FURTHER INFORMATION The complete application is on file and may be inspected at the VANR, Waterbury Office. Copies will be made at a cost based upon the current Secretary of State Official Fee Schedule for Copying Public Records and may be obtained by calling 802-241-3770 from 8:00 a.m. to 4:00 p.m., Monday through Friday. ,VI -2- PUBLIC COMMENTS/PUBLIC HEARINGS Written public comments on the proposed authorization to discharge are invited and must be received on or before the close of business day (7:45 am - 4:30 pm) October 11, 2004, by the Agency of Natural Resources, Department of Environmental Conservation, Water Quality Division, Building 10 North, 103 South Main Street, Waterbury, Vermont 05671-0408. Comments may also be faxed to 802-241-3287. The general permit number should appear next to the VANR address on the envelope and on the first page of any submitted comments. All comments received by the above date will be considered by DEC prior to issuance of an authorization to discharge under the general permit. FINAL ACTION/APPEAL At the conclusion of the public notice period and after consideration of additional information received during the public notice period, the VANR will make a final determination to issue or to deny an authorization to discharge under the general permit. Any person may, within thirty (30) days after authorization to discharge issuance or denial, appeal the VANR determination to the Vermont Water Resources Board pursuant to Title 10 V.S.A., Chapter 47, subchapter 1269. Jeffrey Wennberg, Commissioner Department of Environmental Conservation )7k1 2-6 /alyn-,. � � ,SIG ary a�x -� �-e�j V I -&, - - r"o j,OZA razltll,�z Ds-yc'/ F 26 Victoria Drive So. Burlington, VT 05401 14 December, 1981 Frances Nesti 1815 Shelburne Road ';o. Burlington, Vermont 05401 Dear Ms. Nesti: The objections which you voiced at a recent meeting of the South Burlington Planning Commission, and which you repeat in your letter, will be considered in due course in the hearings on the South Beach development. You make two statements in your letter which I wish to reply to. OP The park on the South Beach property proposed by the Natural Resources Committee has no playing field associated with it. The park they proposed will have a small parking area for up to ten vehicles, some picnic benches and tables, and an area for the handicapped and those who cannot use Red Rocks Park to have a view of the lake. There has been proposed no public access to the beach nor to your property line. According to the City Planner, you were notified by mail of the zoning change proposed on this property. If you object to such a change, you should be sure to present yourself at the hearings of the City Council to make your objections known. The proposal for the development of South Beach, however, follows all the require- ments of the zoning regulations already in place for the last five years, that is, R1, with an R3 PUD. These units fall under our definition of a Planned Unit Develop- ment (PUD). Thank you for your letter. I will bring it to the attention of the members of the Planning Commission. Yours truly,,,,? fir_. Sidney 4ger, Chairman South Burlington Planning Commission i ,�J.Fo,,� � Y�r /* C,�k 14,E [' � t ,'Y-��>>t CULCA 4n_/1.1,t, Of, 2-0 vai all, -W lo 7 rk)z oow- io O-U Comments on dev-lorm-nt along So-th Burlington Shore 1. Aesth,tics. Do we want to close orr tho last irea visible from Shelburne Road with a wall or housing. 2. Nature of South Burlington's growth. Do we want to attr-ct a wealthy transient norulatior.? This will not be comnatible with adjoining neighborhoods, having a vastly different life style. 3. Polution Control. Pumnin station canncity ques+ion--hle. I have alroa.dy ox-orienced spvpr gas backing un in+o my homy. Several times In late snr_ing, summ-r, fall, a soapy substance shows u-+ on the boach. Algaowas as )ad as it have ever been this summer. 4. Drainage. A bad washout along Bartlett Bay Ro^d where the culvert crosses the road. Pavement is cr-cking and there is no shoulder at +his snot. There are also half a do -en washes {'rom the fi 1d north of this ro?d. All this storm drainage Is funnelled east, away from the natural lakeward slope or land, then under tho road and back west along the nronerty linos in the area, including mine, where it Pxi's bring silt, trash, occa si ona i lv oily substan^e. Banks all a lone- the wat-Tway aro being eroded. This ar-a design t-d R3, desnite its swamp -like nature. Quite rossibly the "ditch" to tho South of the devPlonmont will carry similar filth. 5. Traffic. How can you b- eertein more- trarfic and serious problems on BnrtlPtt Bay and Shelburne Road will not ensue. Why is n car-ort and garage planned for e-ch unit it additional cars are no-. antict- pated? If occunied by couples, aro both working, which is usual' these days? If ex—rience of other shoe'owners is any cri'leria thev will experience a steady stroam or visitors when occunied. City does not adequatly clr the Twin Brooks turnaround, resulting in severe drainage problems for me. I recently spent over a thousand dollars to moot the problem of fro -en slush in my gar-ge. Brigham road is a shoet or ice at sometime durinFr most wint.,ers. 6. Order of priorities. Ungrndinp- or sewag- nla.nt, now schPd,iled for 94/85, s�,ould tako nlaco befor- a.nv rurthor dPvPlonment. Bartlatt Bay should be upgraded with a covered colvert, allowing for a shoulder. This is a problem of ten-yP rs standing and' will quite likely be forgotten again, when Milot has come and gone. L�!' 1. 4.. Mr. Snit"e I had intended to leave these notes with you. I do not, want the conditons overlooked, as they have been on num-rmis occasions As you may have gu-ssed I was very angry -- at the callous imnlication that I should beax the brunt of the adverse effects of the numping station inadequacies, on the part of a develoner who hones for an amicable "neighborhood". Boca.use I think the aesthetics of the nlan are denlorable I h?ve suggested (am suggesting) that the develonment be named THE RAMPARTS. It has much the annearance of a fortiflc^tion: Yours, P.S. Incidentally three days before Christmas was hardly a nronitious time for public imnut on such an imnortant question State Of Vermont AGENCY OF NATURAL RESOURCES Department ot EnvironmentalConservation � ,W, : Wastewater Management Division Department of Fish and Wildlife 111 West Street Department of Forests, Parks and Recreation Essex Junction, Vermont 05452 Department of Environmental Conservation Telephone #(802) 879-5656 March 10, 1998 Art Dreher, Senior Engineer DuBois & King, Inc. One Wentworth Drive Williston, VT 05495 Dear Art: Subject: Certification of Compliance #4C0518; The Landings Condominiums, located in South Burlington, Vermont. Our office has received your construction completion report for the sanitary sewer for The Landings Condominium Association referenced above. This satisfies Condition #6 of the above referenced permit. Thank you for your close attention to the permit conditions. Please contact me should you need anything further. Sincerely, Ernest Christianson Regional Engineer c City of South Burlington The Landings Condominium Association CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT I Name of Applicant CSC-�F-P 6. #'aLrT II Name of Subdivision III Indicate any ci-hanges!to name, address, or phone number of owner of record, applicant, contact person, engineer, sur- veyor, attorney or plat designer since preliminary plat application: - (- IV Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, developmental timetable, �since preliminary plat application ki-I CAMNVA `> Py�� V Attach a final plat drawing (originals not needed) showing the following information: (1) Proposed subdivision name or identifying title, the name and address of the record owner and subdivider, the name, license number and seal of the licensed land surveyor, the boundaries of the subdivision and its general location in relation to existing streets or other land marks, scale (numerical and graphic), date and true north arrow. (2) Street names and lines, pedestrial ways, lots, reservations, easements, and areas to be dedicated to public use. (3) Sufficient data acceptable to the City Engineer to determine readily the location, bearing and length of every street line, lot line, bou`dary line and to reproduce such lines upon the around. Where applicable these should be tied to reference points previously established by the city. -2- (4) The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street. (5) By property designation on such Plat, all public space for which offers of cession are made by the subdivider and those spaces title to which is reserved by him. (6) Lots within the subdivision nix-abered in numerical order within blocks, and bloc::s lettered in alphabetical order. (7) The location of all o_ the im-i3rovem-ants referred 'Co in Section 301.1tand in addition tizereto the location of all utility poles, sewage disposal systeT<<s, ':eater supply systems and rough draping and other devices and i-.iethods of draining the area affecting the sub-c"ivision. (8) Permanent reference _ilonunents sho-.-;n thus: and lot coiner -iiarkers sho,,.m thus: "O". (9) Construction drawings of all :.'equired i-..Torovenents. VI close supporting cocuments listed below or request that they be required as a con6ition of final plat approval: (1) Copies of proposed deeds, agreements or other docu-.pants showing the manner in which open space, including nark and recreational areas and school site areas, are to 'be dedicated, reserved and maintained and a certificate of the City Attorney that these documents are satisfactory. (2) A certificate of the City _--ncineer as to the satisfactory completion or all improvemments required by the Commission, or, in lieu of any required i.-�prove�nents not so completed, a performance bond to secure completion of such improvements and their ::iaintenance for a period of two years, and written evidence that the City Council is satisfied either with the bonding or surety company or with security furnished by the subdivider. a (3) A copy of such covenants or dead restrictions as are in- tended to cover all or part of the tract. (4) A prospectus describing the management organization if one is required. (5) In the case of a subdivision or development served by a privately o::rned and/or maintained street: - (a) a copy of all proposed deeds, agreements, or other documents which convey or relate to the use of a privately owned street or right-of-way, and a certi- fic,te of the City ttorney that these docu.-nents are satisfactory. -3- (b) a completed contract between the lanao;mer and the city regarding the number of lots or dwelling units to be served by the proposed right -of -;.ay or private _ .street and the responsibility for the roadway maint enance, along with a certificate of the Ci--► Attorney that the contract is satisfactory. (sicnature) appi nt or q ntact person c"a t e V '" CITY OF SOUTH BURLINGTON W 5 Subdivision Application PRELIMINARY PLAT 1) Name '-of Applicant�� G N\1VY�Tr 2) Name of Subdivision 3) Describe Subdivision (i.e. total acreace, number of lots or units, type of land use, include gross floor area if comm- ercia1.) . L(a. Ti± _ 4q TMINN�� GgJ005 -- --- 4) Indicate any changes to name, address, or phone number of owner of record,applicant, or contact, person since sketch plan application: — NpN+E _ 5. Name, address, and phone number of: a. Engineer — Ciz �1�rCR{ - LAM= LC'N b. Surveyor C. Attorney ---w-T d. Plft -2- 6) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since this proposal was last before the , Commi s s ion: 7) List names and mailing addresses of owners of record of all cont- igous properties: T MM. '(4RAA P4)• S0. P% 4krOf' N FP . f7o . t uP t . I it 1t u 8D ky-ZiN t�r . CF;VF�L . Mrs- es I IS15 elburne Rd , Soour[ 8) State title, drawing number, date of originFl plus any revisions, and designer (s) of the preliminary map (si)' acl ompanying this appli- cation: _ ', p!oy397.V i't�D NON. la 01 9) Attach a preliminary map showing the following information: 1) Proposed subdivision name or identifying title and the name of the city. .21 Name and address of owner of record, subdivider and designer of Preliminary Plat. 3) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 4) The names of all subdivisions in-nediately adjacent and the names of owners of record of adjacent acreage. 5) The location and size of any existing sewers and rater mains, culverts and rains on the property or serving the property to be subdivided. 6) Location, names and widths of existing, and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks -3- and other public or privately maintained open spaces as well as similar facts regarding adjacent property. 7) contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of•proposed finished grades where change of existing ground elevation will be five feet or more. 8) Complete survey of subdivision tract by a licensed land surveyor. 9) Numerical and graphic scale, Cate and true north arrow. 10) Details of proposed connection with existing water supply or alternative mans of providing water supply to the proposed subdivision. 11) Details of proposed connection with the existing sanitary sewage disposal system or adequate provision•for on -site disposal of septic wastes. 12) If on -site sewage disposal system is proposedlocation and results of tests to ascertain subsurface toil, rock � and ground water conditions, depth to ground water unless pits are dry at depth of five feet, location and results of percolation tests. 13) Provisions for collecting and discharging storm drainage in the form of drainage plan. 14) Preliminary designs of any bridges or culverts which may be required. 115) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic lay- out in the field. Unless an existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. 16) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 10) Developmental timetable (including number of phases, and start and completion dates) 11) List the waivers applicant desires from the requirements of these regulations: °a te UWA' -4- 12) Attach a'vicinity map showing the following: 1) All existing subdivisions, approximate tract lines and acreage of adjacent parcels, together with the names of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street ad- joining the proposed subdivision. 2) Locations, widths and names of existing filed or proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the sub - divider's entire holding. (signature applicant or cont c� person cafe CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Lakelands, Inc.. South Burlington b. Applicant Gerald C. Milot 15 Brickyard Road, Essex Junction, VT 05452 c. Contact person Ronald O'Bryan, 15 Brickyard Road, Essex Junction, Verimnt 05452 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well as proposed use(s). 49 Condominium units on 17 acres (+-) of land off from Brigham Road. Parcels zoned Rl-PUD. 3) Applicant's legal interest in the property (fee simple, option, etc) ! Option. 4) Namesof owners of record of all contiguous properties � f L. ��+►� 1 w�c - 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None. k - e -2- r 6) Proposed extension, relocation, or modification of municipal facilities such as sewerage, water supply, streets, storm drainage, etc. Brigham Road Extension with sewerage and water supply 7) Describe any actions to};en by the Zoning Board of 'Adjustment, or previous actions by the South Burlington Planning Commission, which affect the proposed subdivision anteinclude dates: 8) Attcch a sketch plan showing all information required under items 2 through 7 on p. 5 of the Subdivision Regulations. &��t (si nature) applicant or erson date P datcontact 10e FOR OFFICE USE submission of application and sketch plan to administrative officer - this proposal is classified as a major or minor subdivision - application deemed complete - proposal tentatively scheduled for first Planning COm-Mission meeting of Confir:.ied For FtIG; Lanotl S May 16, 1983 Nsrs. Prances Nesti 1 Nesti Boulevard Shelburne, Vernont 05482 Lear Nxs. Nesti, On Friday, May 13, 1983 I visited the Landings development at your re- quest to lock at the new stairs (?own to the beach. The stairs do appear to be "permanently' constructed as you stated. However, on a recheck of the final approval by the Planninc Commission I noted that the requirement for "temporary" structures referred to any boardwalks on the beach anti not to the stairs on the bank. 'therefore I do not think that the new stairs are in violation of any of our requirements, nor do I anticipate any erosion or other problems if the stairs are used properly. Please call if you have any further questons. Sincerely, Daviid i3. spitz, City Planner LHS/mcg March 24, 1982 Stephen Page Fitzpatrick & Llewellyn Associates Brick Yard Road j Essex Junction, Vermont 05402 Dear Steve, on March 23, 1982, the South Burlington Planning Commission granted final approval to Gerald Milot's 48-unit residential PUD, entitled TU LANDINGS, on Bartletts Bay. the proposed development complies with the City's Comprehensive �uI Plan. Final minutes and stipulations will be sent to you shortly. Sincerely, David H. Spits, City Planner DS/mcq 1; MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Landings - Bartletts Bay Date: 3/9/82 All my comments in memo dated 3/5/82 regarding the final plans for the above have been resolved and corrections made on plans dated 3/9/82. City of South Burlington WATER DEPARTMENT 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4361 March 9, 1982 Mr. Roger Dickinson Fitzpatrick -Llewellyn Associates 15 Brickyard Road Essex Junction, Vermont 05452 RE: The Landings Dear Sir, I have reviewed the plans and specifications of the above referenced project and have approved them subject to the following conditions. 1. 8" gate valves shall be installed after the hydrant located near building A and in front of Building C. 2. Prior to construction I require a preconstruction conference with you and the contractor's representative in attendance. 3. At this time I would reserve judgement on the ability of the existing distribution system to provide the required fire flows, 1750 gpm, and adequately serve its present users during such flows. This department will begin a review and analysis of the distribution system under such conditions. I can assure you that this department will complete this review as soon as possible and keep you informed to the status of the review procedure. If you have any further questions or I can be of further assistance please do not hesitate to call me. Sincerely, Robert L. Gardner Superintendent cc: David Spitz William Szymanski Edward Blake Chief Goddette Peter Jacob . to PUBLIC HEARING SOUTH BURLINGT'ON PLANNING OC1MISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 9 , 1982, at 7:30 P.M. to consider the following: Final Plat Application by Gerald Milot for a 48-unit condominium development, entitled "The Landings" on 16.2 acres of land on Bartlett's Bay. Proposed development is bounded on the west by Shelburne Bay, on the south by Nesti, on the east by railroad property, and on the north by Price, Eckhardt, and Ambrose. Copies of the t,l;rat;on are available for public inspection at the South Burlington City Hall. February 20, 1982 Sidney B. Poger Chairman, South Burlington Planning Commission 3. :'i ' ";TNG COM.•'ISSION MARCH 9. 1982 11idicnting some green in front of the buildin�Ts. 5. A bond for the following shall be provided prior to issuance of a building permit: a. ;2900 for landscaping b. An amount to cover the cost of closing or altering curb cuts. 6. A 6 foot wide offer of dedication for future widening of Williston Road across both lots owned b_y the applicant shall be prov ded pr or to 7. A revised site plan, containing required chanties from stipulations 1L2,_.3 and 4 shall be submitted to and approved by the City Planner prior to issuance of a building oermit. 8. This approval expires in 6 months. 9. A11 parking s aces shown on the plan shall be open and accessible t _all times. 10. drainage shall be reviewed by the City Engineer. The motion was seconded by Mr. Ewing. Mr. Mona asked about the reference to the parking standards in the zoning ordinance in #3 and was told that was in regard to quantity, not size. The motion carried without dissent. loth_ for The Landinf-s. a 48 unit multi - deve Mr. Spitz said many issues had been resolved today and the City Manager was satisfied with the plans. He felt everything had been resolved except the legal documents and a question on the water plans. Legal documents were in on time, but some questions on them were not answered. dater plans came in late,. Mr. roger said the application could be reviewed tonight and a motion made at the next meeting. Mr. Milot said he had been asked to submit legal documents on items which were likely to change, which meant the documents,would have to be chanEed. As far as the water plans, he said his development had enough fire flow and he had been told by his engineers that a loop would not help the, condition the superintendent is concerned about. Mr. Poger said that if the Commission was satisfied tonight, they would not take things up again, unless some new information was presented, so he did not think that waiting; until the next meeting for final approval would hurt Mr. IvUlot. Mr. Milot did not object to waiting, but noted that he would not be able to attend that meeting. Mr. ?age sbid there would be a new city, street from Brigham Road which would be 30' wide curb to curb. It will hae a closed storm drain system and will end in a cul-de-sac. Part of the old Brigham Road will be abandoned. A private drive, 24' wide, will be extended into the new development from the cul-de-sac. fore than 1 open parking space per unit will be provided, and each unit will have a 12' x 36' garage. Sewage will go into the existing sewer nearby, and the retention pond for storm water will be underground. Other drainage will be discharged directly into the lake. There will be 3 w 4. PLANN I;TG COM,AISaION N.ARC:i 9, 1982 staircases to the beach, 2 for use in conjunction with the pedestrian ease- ment around the property. e1r. ;Iilot said it was his intent that construction equipment go down the now road and that they work their way into the site. There will bo walkways inside the project, and leading to the cul-de-sac, where children can get on the school bus. In the public right of way there will tie standard city concrete sidewalks parallel to the road to where construction starts. I+Ir. Poger hoped the city would continue the sidewalks in this area. +Ir. Zilot said water lines would be extended to intersect 4 lots on Twin Brook Court so those people could hook on. He also pointed out an earoment in the area which he felt would ease traffic flow. This will be shown on the final plat. PIr. Nilot said he would leave the areas which will not be touched during construction as they are now. He noted that the underground retention pond would be in the CO zone, but Mr. Spitz thought that would be OK, since it is riot a .structure. Mr. Milot said they were thinking about having a groundwater heat pump system for the units. Mr. Spitz said he would need more information on that. :•;r. :-Milot said the trees cut earlier would be replaced in the spring. :structures on the beach will be taken out for the winter. 'Ir. %wing asked about an area for outside storage of botits and trailers send D,r. Xilot said he would rather see it done out of necessity than have an area which might not be used. He said a small area could be provided, and as demand grew, it could be expanded by the homeowner's association. He said he would s-iow an area at the next meeting. Yr. Milot said the underground retention pond would have to be built c;efore the road was paved, but it probably would be done right away. It was noted that a truck would have to go into the CO zone to clean it out once a yt,ar. Woolery moved to continue the public hearing on -the final plat L�L2)?icntion by Cerald "ilot until two weeks from toni,-ht at City Hall at 5;' �1T• :r. Levesque seconded the motion and all voted aye. I,Mr. Spitz showed where the boundary line ran. He said it looked like this property (Caron) was in the residential zone, but his recommendation wa3 that it be in the industrial zone. He noted, however, that there was a 65' setback required between those two zones. lie felt this should be reconuvcnded to be industrial. Mr. Woolery was concerned about forcing residential access through industrial land, and Mr. Spitz said he would check on that. IIr. ;Mona moved to recommend to the City -Council that this Pro)erty be includol in the industr-4-1 zone. Mr. Ewing seconded the motion. r. Jacob felt this was a terrible place for a used car lot, but Mr. Caron C3'iid they would only have 8 cars on display, and Mr. Ewing mentioned screening, landscaping and fencing. The motion passed unanimously. MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Next week's agenda items - Landings Date: 3/5/82 1) The removed existing culvert pipe on Brigham Road shall become property of the City. 2) Two storm drain inlets draining approximately 850 feet of road seem in- adequate unless larger than standard. 3) Water main should be installed concentric with road, preferably between curb and sidewalk. 4) Street lighting plan coordinated with Green Mountain Power must be provided. 5) Storm inlets should be included around cul-de-sac and new Brigham Road access. 6) The two-way section of cul-de-sac should be 30 feet in width. This can be done by decreasing size of island. 7) Water Department to review water main layout. However, I question the adequacy of the water supply for fire protection for the size of this planned development. Data should be furnished. 8) Fire hydrant service lines should not be used as service lines to buildings and swimming pool. 9) Detail plan of storm water storage and filter shall be furnished. 10) Sidewalk along west side of cu-de-sac should be extended to improve align- ment with development walks. 11) The City maintains nine sewage lift stations. There is no recollection of any odor complaints from adjacent residents. The station serving this project area will be monitored closely to see if there is a problem. 12) Bartletts Bay Sewage Treatment plant has a capacity of 700,000 gpd. The plant is currently averaging about 500,000 gpd. A MEMORANDUM 7b: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 3/5/82 2) Dunn, Williston Road This property, just west of McDonalds was previously occupied by Games People Play. Last September, the Zoning Board denied a Chinese restaurant on the site; but last month use of the non -conforming building for two permitted uses (office, retail), was approved. The site shares a curb cut and access drive with the lot to the west, also owned by Mr. Dunn and occupied by Leisure World Pools and by 4 apartments. No change is proposed for the second lot, but since it provides direct access to several parking places for the first lot it should also be considered in site plan review. Review of this application under traffic criteria (section 7.50) requires that traffic for a new use be no greater than previously. This has been difficult to evaluate (see attached memo - 9/10/81). The new proposal should be an improvement since there will be less direct conflict with McDonalds/Burger King traffic, but there still should be a moderate traffic increase (estimated new use - 15 to 30 trips) which should be offset by on -site improvements. 71ie m-iin prolx)sed improvement is that the building will kx_- re<jIK-C'(3 from 3600 to 3000 square feet. Major problems are 3 existing curb cuts on the 2 properties and a sub -standard parking area. In the rear, each parkinq space in two double rows is only 17' long (18' is required), and there is insufficient back-up room for the end spaces. Options for curb cuts are to remove up to two curb cuts leaving only the middle access point. The applicant feels this would be excessive. Parking options are (1) to enlarge available parking areas by removing a rear storage building or by further reducing the existing building, or (2) accepting the smaller parking spaces. Also, cost of proposed trees should be verified to insure that the 3% landscaping requirement is met. 3) The Landings Site layout is virtually identical to preliminary plat. Cul-de-sac has been shifted slightly to the north. One change I would recommend now, in line with our new fire standards, is that the single access to the last building be widened to thirty feet. Pedestrian trail entirely around the project has been provided. Final details on timing of payment of $40,000 recreation fee must still be worked out. Landscaping data is satisfactory. Fire review is complete. Engineering review comments are enclosed. Only remaining concerns are eonpletion of legal and water reviews. As in recent applications, it is easier to tie down these items before final approval Next week's agenda items 5/82 Page 2 is granted. I'm not sure this can be done by Tuesday's meeting. 4) Zoninq Boundary, Air22rt Drive See City Council minutes for their discussion. Planning Commission shall clarify on which side of this lot the R4/AirI boundary line should fall. I feel this site would fit well under the AirI designation as long as the required buffer between an industrial use and a residential zone can be substantially maintained during site plan review. 5) Sandri, Car Wash, Williston Road This application is also being considered under traffic review criteria; complete site plan details (i.e. landscaping) are not being presented at this time. The application must also go to City Council for conditional use review under interim zoning. The applicant has submitted estimates of business volumes with and without the car wash. The one point that is not made clear from the report is that car wash business is very peaked rather than constant. My observations of the existing car wash near the airport indicate that on a warm sunny winter day the facility can handle better than 1 car per minute (100 in and out trips or more per hour), far higher than the applicant's per day calculations. However, the applicant's facility will only be 1 bay rather than a tunnel and will not be able to process cars as quickly. It definitely appears that on some days there will be a traffic increase with the car wash; the exact magnitude is unclear. No change in Williston Road curb cuts are proposed. Car wash access will be from Mary Street, and there is stacking distance for approximately 7 Cars. FITZPATRICK-LLEWELLYN ASSOCIATES Engineering & Planning Services The Kiln - Brickyard Road ESSEX JUNCTION, VERMONT 05452 Phone 878.3000 To Date Subject , I46 AO -get), 000 but Rl> RAtAT L RC7 60�;(. ro _3416co V�tG *40 l e-ev l q Vk,,0 1E!7 , «ac,tr r I Re P 1tgL)WG' TO Ff,0CF— VIL1, QO �T-O t 4,4,4 '� its F/(WKPE3Z'_ fie, �,'�AWSrD 1W tl�040JZ J SIGNED ❑ Please reply ❑ No reply necessary P. i RICHARD A.5POKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL SPOKES, FOLEY & ®IBITCHOWSKI ATTORNEYS AT LAW IB4 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402 March 1, 1982 (802) 862-6451 (802) 863-28S7 ISAAC N. P. STOKES COUNSEL Carl H. Lisman, Esq. 191 College Street Burlington, Vermont 05401 Re: The Landings Dear Carl: I have reviewed the legal documents you submitted to the City in regard to this project. I have the following comments: 1. The City has updated forms which must be followed by subdivision applicants. By separate cover, David Spitz, is sending you a set of the new forms. 2. You must submit a Certificate of Title to the City covering all property, or interest therein, to be conveyed to the City. 3. Your initial submissions did not include a sewer easement which is required. 4. Agreement and Waiver - The first "whereas" clause should refer to the final plat and include the requisite recording information. The language after the word "street" in line number 3 of paragraph 2 must be deleted. 5. Offer of Dedication and Pedestrian Easement - You may use one offer of dedication with several exhibits. You should follow the instructions in the material David Spitz is sending to you. The exhibits should be the descriptive portions of the deeds. The pedestrian easement must be in the form you will be receiving from Mr. Spitz. The first sentence of the last paragraph of Exhibit A is unacceptable, but the City has no objection to the last sentence of that paragraph which precludes use of the easement for bathing, boating and swimming purposes. Carl H. Lisman, Esq. March 1, 1982 Page 2 6. Offer of Dedication for Waterlines and Easement - A bill of sale is not necessary and the easement deed must be in the form you will receive from Mr. Spitz. The description of the location of the easement in the deed must be sufficient to permit a person to identify the easement on the recorded plat. The description in your initial easement does not satisfy this requirement. 7. Offer of Dedication and Deed for Public Roadways - Again please follow the forms being sent to you. The description of the lands being conveyed to the City should be sufficient enough so that they may be indentified on the final plat. When you submit revised documents to me and Per. Spitz, would you also advise me how you propose to preceed to abandon a portion of the present Brigham Road. We will need to know who the adjoining landowners are, and what conveyances you propose. Perhaps you could confer with Steve Page on this issue. I look forward to hearing from you. Very truly yours, Richard A., Spokes RAS:mil cc: David Spitz,, City Planner Steve Page, Fitzpatrick, Llewellyn Assoc. rebruary 26, 1982 Attorney Carl Lisman Lisman & Lisman 191 college Street Burlington, Vermont 05001 Dear Carl, Attorney Spokes has advised me that he is sending you a list of items to be resolved in the legal docur--ents for the Landings development. one of his concerns is that you have not used the sample rocunents that he recently updated for use in our development reviews. Mly apologies for not making these sample forms available to you sooner. I do agree with our attorney that it will be simpler for all parties concerned if we use a standard procedure. Any individual situations can be resolved as needed.. Please call if I can do anything further to facilitate this matter. Sincerely, David H. Spitz, City Planner DS/MCg 8 Encls cc: Stephen Page February 24, 1982 Attorney Richard Spokes Spokes, Folev & Obuchowski P.O. Box 986 Burlington, Ver;rxmt 05401 Dear Dick, Enclosed are legal documents for "The Landings". Please review by Thurs- day, March 4, if possible. I have briefly revijewed the documents and have several questions: U 1) Is the description of the private road in the "Agreement and Waiver" specific enough? 2) same question for the "extension of Brigham Road." 3) The Planning Coranission wants to make sure that the pedestrian ease- ment grants access to the "beach." Has this been done? Also, at what point does shoreland become State-owned; i.e. how do we check that the easement be- inq granted to us is controlled by the applicant? Lastly, is there general public access to the water, i.e. if we have access to the beach, can they deny access to the water? 4) Also, a portion of an existing City street is being abandonec: in favor of a new road. ]ghat is the procedure for this? And what procedure is there for conveying the abandoned right-of-way to an adjacent landowner? Tbanks. Sincerely, David 1i. Spitz, City Planner DS/mcg SOUTH BURLINGTON SCHOOL DISTRICT SOUTH BURLINGTON, VERMONT 05401 FREDERICK H. TUTTLE Superintendent LAWRENCE E. LECOURS Assistant Superintendent Mr. Stephen Page Fitzpatrick-Llewllyn Associates The Kiln Brickyard Road Essex Junction, Vermont 05452 Dear Steve, OFFICE: SOUTH BURLINGTON HIGH SCHOOL 550 Dorset Street February 4, 1982 At their regular meeting on January 27, 1982, the South Burlington School Directors voted that your project, as outlined in your letter dated December 10, 1981, would not place an unreasonable burden on this municipality to pro- vide educational services. Because of the concern for the safety of our students, it is requested that sidewalks be provided in conjunction with the roads to be constructed. This will allow students to walk safely to and from bus stops. I am enclosing a copy of our transportation policy for your. information. The following school information may be of assistance as you or your associates meet with prospective clients: Grades K-5 Grades 6-8 Grades 9-12 Orchard School Shelburne Road Middle School Dorset Street High School Dorset Street If you have any questions regarding the above, please do not hesitate to contact me. Sincerely yours, Frederick H. Tuttle Superintendent of Schools FHT:cl enc. ,-'cc: David H. Spitz Lawrence E. LeCours Leo P. Brown All Building Principals DHS 12/2.2/81 MOTION OF APPROVAL For the Preliminary Plat Application by Gerald Milot for a 48-unit planned unit development on Bartlett's Bay as depicted on a plan entitled "South Beach, Preliminary Plan", prepared by Fitzpatrick -Llewellyn Associates, last revised 12/16/81: Stipulations: 1) The proposed City street from the end of existing pavement on Brigham Road to the proposed cul-de-sac shall be 30-feet wide with curbs and a sidewalk along one side. 2) The proposed abandonment of land within existing City rights -of -way must be revised by the City Council prior to submittal of a final plat application. Any abandoned land or unbuildable parcels created by establishment of new rights - of -way shall be deeded to adjacent landowners or to the City. 3) No new dead-end roads shall be created by any relocation of City rights -of - way. 4) The applicant shall submit a report on field confirmation of adequacy of sight distance at the railroad crossing at Bartlett's Bay Road. 5) The applicant shall submit a recreation payment in lieu of land in the amount of $40,000; this amount is in accordance with the applicant's offer at sketch plan review. The recreation payment may be made on a per unit basis at the time of application for building permits. 6) Information on landscaping, screening and building appearance shall be provided for final plat review. 7) All required legal documents - including utility and pedestrian trail easements, warranty deeds for new City streets, agreement and waiver for private streets, and corresponding offers of dedication and transfer returns - shall be submitted with the final plat application. 8) Complete survey data shall be submitted with the final plat application. MEMORANDUM To: South Burlington Planning Commission From: David II. Spitz, City Planner Re: Next week's agenda items Date: 12/18/81 2) Crane Legal descriptions of the access arrangements and curb -cut restrictions have been received. These should be incorporated into any future deeds conveying one of these lots. I see no problems with this application. 3) Louth Beach A revised plan has been submitted showing 48 units and including a pedestrian easement around three entire sides of the project. I don't believe the easement has yet been shown along the lake frontage, and the applicant should make his intentions clear. More information has been shown regarding the request for a 30 foot side setback on the south side, and I believe it is a reasonable request. The fire chief has verbally approved the layout of the project. Applicant has submitted reports on traffic impacts, including the Bartlett's Bay railroad crossing. These reports are being reviewed. However, there has been no further input on previous questions raised on public road standards and on ownership of abandoned roads. Preliminary plat approval should not take place until these are resolved. 4) ICV, Shunpike Road A revised plan and additional data have been submitted, however, several points still have not been adequately addressed. Required information includes the following: (a) A better description of the potential uses, types of storage, and type and volume of traffic. If specific uses are not yet known, potential types of warehousing and/or types of storage that would not be considered should be listed. (b) Data on Shunpike Road and Williston Road improvements. (c) Determination of water flow requirements, including a fire rating, for the building. (d) Dollar amounts for building and lanciscap.ir:1, (e) Determination of any sidewalk improcemeni..L� to L` 4 PLANNING CCMMISSION DECEMBER 8. 1981 i The aouth Burlington Planning Commission held a regular meeting on Tuesday, December 8, 1961 at 7:30 pm in the Conference Room, City Hall, 575 Dorset St. Members Present Sidney Poger, Chairman; Robert Walsh, Kirk Woolery, James Ewing, George Mona, Ernest Levesque, Peter Jacob Members Absent none Others Present David Spitz, Planner; Judy Hurd, The Other Paper; Jodie Peck, Free Press; Robert Ryan, Loren Palmer, Arthur Toutant, .loan Nadeau, Hank Warren, Richard & Frances Nesti, H.M. & Margaret Farmer, Elizabeth Edwards, Demetrios Michaelide, Roberta Coffin, William Schuele, Lowell Krassner, Peter Yankowski, Recreation Director Bruce O'Neill, Sylvia Smith, Gerald Milot, Stephen Page, Carl Cobb, Richard Trudell, Thomas Price, Harry Ambrose, William Eckhardt, Ann Sorrell, Madlyn Morrissey, David Abrahms, Stephen Silverman, William Mikell Minutes of December 1, 1981 Mr. Mona moved to approve the December 1, 1981 minutes Mr. Walsh seconded the motion and it carried with Mr. Woolery abstaining because he was not present. Application by Gerald Milot`,for preliminary plat approval of a 49 unit condominium development entitled "South Beach" on Bartlett's Bay Mr. Spitz said a major issue here was the recreation land or fee and that it should be discussed first because it would affect the layout of the project. The developer met with the Natural Resources Committee, but no agreement was reached. Mr. Spitz showed the area on slides. Mr. lAvesque and Mr. Jacob arrived at this time. Mr. Page, representing Mr. Milot, gave an overview of the area and the plan. Part of the existing Brigham Road will be rerouted, going close to the railroad tracks and containing a cul-de-sac. From that point on, the road will be Privately owned and maintained. The units will be of a townhouse style and there will be 2 1/4 parking spaces per unit. Sewer will run by gravity, eventually ending at the Bartlett Bay plant. Water will be from an existing 8" main. There will be a tennis court, pool and poolhouse, and stairs will be constructed to allow residents to get down to the lake, where.there will be decking in the summer. Storm water will be treated on the site. The fire chief has given approval for the preliminary layout. Mr. Milot noted that after a certain point, Brigham Road was not paved. He will change the route of the road and he is requesting that the area which will be abandoned be given to the people who have frontage on it. He said he would topsoil and seed that area. He will pave the new road he is putting in, but he wants to continue Brigham Road as it is, without curbs. The existing 48" culvert in the area, which is too small and has caused 2. PLANNING C011�!MIS0ION DECEMBER 8. 1981 flooding, will be replaced with two 60" culverts. Mr. Spitz said he had a proposal for the recreation area. He and Mr. O'Neill put it together, and the Natural Resources Committee (NRC) will accept it. The proposal is for a drive to a parking area for about 10 cars and a small area (about 1/4 acre) for picnic tables. There will be no beach access and the park will be open only during the day. The police say they can police the area. It will not be plowed during the winter. Mr. Spitz said no trees would be planted, just low shrubs, so the view from the units would not be obstructed. 4 condominium units would have to be moved. The area would be close to the Ambrose house, so Mr. Spitz proposed a hedge and a chain -link fence, which he felt the city would have to buy. lfe did not feel the area should be open to public use until the fence was installed and shrubs started. Mr. O'Neill said some paths could be paved, for handicapped access. Mr. Levesque felt there was a good picnic area at Red Rocks and that a boat launch here would be more practical. Mr. Milot felt this was a case of grabbing a piece of property now and deciding what to do with it later. He felt there was enough swimming and public area at Red Rocks for most residents of the city and that the NRC wanted this area for less mobile people. He listed 9 or 10 other spots in the area which could be used by the handicapped and were better,he felt, than this area. His concern was that the people who would use the park would not be the elderly and handicapped, but people who would disturb residents in the area. He felt there was now enough access to the lake in the city, and that this park would not prevent people from going down to the lake. He noted that the park would impact Mr. Ambrose and that it was proposed within the CO zone he, the developer, was not allowed to violate. Mr. Milot also noted that anyone in the park would be able to look at the decks of the units, which would rob the owners of privacy. He felt the area would have a major impact on sale of the units. Mr. Milot noted that, according to the formula, he would be responsible for a recreation fee of t5-6,000. He is proposing paying a fee of i$40,000 that the city could use elsewhere, in lieu of the land here. He said he arrived at that figure as being basically the profit he would lose on the 4 units he would have to remove. Mr. Milot said one other concern was that the park could not be lit at night, because that would flood the units with light. That means the area will have to be dark, and he felt the residents would end up policing it. Mr. KAssner spoke for the NRC. He noted that some of the other spots Mr. Milot had mentioned were not always open, were a different type of area, or were outside the city. The NRC feels waterfront property is very valuable as a recreation resource. No one in the city seems to want a park next to them, but parks are needed, he said. Mr. 6chuele also spoke for the Committee. He noted that this area had been stressed as a park site since 1968 in writing, and before that also, although not in writing. He said the Committee would like more than this proposal, but was willing to accept a little less than they wanted. Mr. Tom Price said he was the president of the South Burlington Lakeshore Association and that the residents of the area were opposed to the park. They have problems with vandalism now and are afraid that will worsen if the Park is out in. The lakeshore is a fragile area, and he felt the proposed fencing around the park indicated that the city was afraid of the same things the residents are. He did not feel people would stay in the park, and he noted that there was no provision for waste collection on the site. Ms. Frances Nesti objected to changing the zoning density in the area, she said this railroad crossing could only be used as a farm crossing, and 3. PLANNING COMMISSION DECEMBER 8, 1981 she felt the park would be an attractive nuisance. She felt there should be a high fence and a seawall. ,Mr. Yankowski felt there was pressure to close off the water to people who wanted to get there. There was some discussion of the history of the city's interest in acquiring this piece of land for a park. Mr. Poger read a letter from Edgar & Cerene Francisco of Fairmount Street asking for public ownership of the land. Mr. Eckhardt felt the park and condominiums were two incompatible uses. Ile also asked whether it was better to have many small parks or one large one. Mr. Price felt there was only a limited view from the proposed park. Mr. Nilot mentioned moving the park back for a better view. He said he still would not want the park, but moving it back would leave the units with some privacy. Mr. Ambrose felt that farther back would be better, but he still did not feel a park should go in there and he doubted the police could control problems. Ms. Ann Sorrell spoke against the park. Mr. Abrahms felt that land on the lake was very valuable and that, even if nothing were done with this land, the citizens of the city should have the right to own some land on the lake. The question of the moorings came up and Mr. Spitz said he would check to see if the Commission had jurisdiction over them. Mr. Silverman said he took his water from the lake and that 50 moorings would impact that. Mr. Walsh favored the concept of a park in that area and access to the lake. Ile did not like the fencing and the size was small, he noted. Ile also felt the location was a problem from Mr. Ambrose's point of view. Mr. Walsh noted that there were no restrooms planned. He asked if there were otter locations for the park, such as in the trees to the south. Mr. *pilot said that area was heavily wooded and had little view. It is also steep. Mr. Walsh was not sure the proposed area was the best location, but said he wanted to make every effort to have access to the lake for the public. Mr. Woolery felt a small park like this would not work and he felt the city should take the large fee and use it to buy a large parksite. Mr. Ewing felt this park would be small and fenced in and he was not sure that was the best kind of park to have. He felt it would disturb people in the area and be a detriment to the area. He also said it would be hard to police and he was against it as proposed. Mr. roger said he had favored lakefront property for a long time, but he question0d how many people would use this park and what use would be made of it. Ile added that this park sounded like it would look like a small prison. He said he leaned against this type of park. Mr. Mona said that access to the lake had been discussed originally, and he still favored that. He felt there were other areas in the city for the handicapped to view the lake, and did not reject the idea of a boat launch here. He felt, however, that if the proposal were what the city would end up with, he would rather have the fee. Only if the city gains access to the lake was he interested in the land. Mr. Levesque noted that in this case the city had turned down a proposal to buy the land and he felt the fee could be spent at Red Rocks to allow handicapped access. Mr. Jacob had mixed emotions. He did not see how the city could use the CO zone when the developer could not and he was concerned about present residents in the area. He felt that the fee might be used to provide handicapped access at Red Rocks. He also favored the large park area, for which the fee could be used, and he did not like the proposal shown here. 4. PLANNING C(.'^MIS:JON DECF,"1AFR 8, 1981 Mr. Spitz said the proposal had been made as a way to obtain a picnic area. Under the law, the city could obtain up to about 2 112 acres instead of the 112 acre proposed and he said a larger proposal could be made. Mr. Poger did not object to seeing another proposal. Mr. Ewing felt the Commission should look at the site and Monday, at 3:00 pm was set as the time. Mr. O'Neill said he had proposed the fencing as a way to address the concerns of residents who felt people would not stay within the park. He did not feel that would be a problem. He noted that the park was kept small to discourage large groups of people using it. Ms. Edwards asked about the pedestrian trail and was told there would probably be one, but it had not been determined where yet. The Commission went through the points in the city manager's memo. It seemed that the manager and developer had both talked to the railroad authorities about a signalized crossing and had gotten different information. Mr. Spitz was asked to check into that issue. In regard to the city street, Mr. Milot said it existed now without curbs and sidewalks and was 24' of pavinf;. He did not know why he should put them in in the area he would be building. He noted that there would be increased traffic in the area, though, so he was willing to put in some kind of sidewalk for children to get to the bus. He did not think a 30' street was needed, because people would not be parking on the street. Mr. Milot said he would like to discuss the sidewalk with the neighbors and come back to the Commission. Mr. Poger felt that if drainage were able to be handled without curbs, he saw no problem waiving that requirement. Mr. Mona favored curbs. The Commission then went through the planner's memo. Mr. Milot agreed to build only 48 units, which is his maximum density. The pedestrian trail was mentioned. Mr. Milot proposed'& 50' setback on the north property line and only 30' on the south, because that area is heavily treed and he did not feel the land would ever be developed because of access problems. Mr. Woolery moved to continue the preliminary plat application of Cerald Milot for a 49 unit condominium project until December 22, 1961 at 7:30 :)m at City Hall. TAX. Levesque seconded the motion and it passed 7-0. Continuation of revised final plat a j•licntion by Investors Corporation of Vermont for development of comr,,ercial industrial buildings on lot 2 of the Brown subdivision on Williston and shunpike Roads Mr. Spitz said the applicant had requestee that this be continued for two weeks. Mr. Woolery moved to continue the revised final 1 t application b Investors Corporation of Vermont for commercial industrial buildings on lot 2_of the Brown subdivision until December 22.1981 at 7:30 pm at Citv Hall. Mr. Ewing seconded the motion and all voted for it. Sketch elan application by Green Acres (Ralph Goodrich), Homer and Jackie Dubois, and William and Sara Mikell for an industrial and residential development on 355 acres of land in the 'outheast Quadrant Mr. Poger noted that the proposed zoning in this area is for 50 acre minimum lot sizes and 10," building and parking coverage. Mr. Trudell showed the Commission a plan for the area south of the Interstate, bounded by Hinesburg Road and Muddy Brook. There are 4 parcels of land and 3 landowners. The landowners are proposing a coordinated development plan. There are some industrial areas, and close to them are PU_BI,TC HrARTNG SOU'II i HURL J NGTON PLANNING CICW ISS ION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, December 8 , 1981, at 7:30 P.M. to consider the following: Preliminary Plat Application by Gerald Milot for a 49-unit condominium development, entitled "South Beach" on 16.2 acres of land on Bartlett's Bay. Proposed development is bound on the west by Shelburne Bay, on the south by Nesti, on the east by railroad property, and on the north by Price, Eckhardt, and Ambrose Copies of the application are available for public inspection at the South Burlington City Hall. Sidney B. Poger, Chairman, South Burlington • Planning Ccm¢nission November 21, 1981 MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: South Beach Bartletts Bay Date: 12/4/81 1. The Bartletts Bay railroad crossing will most probably be the only at -grade crossing in the City serving the west side of the tracks. As the volume of traffic increases at this crossing signals will be required. A signal system, I am told costs about $100,000. The volume of traffic generated by this development may be enough to warrant signals. This should be investigated. Method of funding for such an expensive installation should be considered. 2. The portion of Brigham Road intended to be abandoned should be shown. 3. Proposed City street should be standard 30' with curbs, sidewalk and drainage. 4. Water service must be reviewed by City Water Department and Water District. MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 12/4/81 2) South Beach The major point of controversy, i.e. provision of recreation land or a fee, should be resolved first as it may effect layout of the rest of the developnient. Recreation Area: The Natural Resources Committee feels that land immediately adjacent to the lake has a public value above any payment of a substitute fee. They are re- questing an area to be used primarily as a picnic area with a good view of the lake. I feel their request is feasible, and the Recreation Director and I have prepared a plan showing how such a recreation area could work. This information has been shown to the developer. The recreation area would consist of approximately 90 feet by 110 feet in the north west corner of the property. The front edge would be at the top of the bank leading down to the beach and would be guarded by a stone wall or railing. There would he. no access to the beach. Along the rear and one side of the park there is oEx,n land with a very gradual rise leading to the housing units. It will probably Ix, nc-cc,_;:;ary to construct both a physical barrier, i.e. a chain link fence, and a visual buffer consisting of low -growing vegetation planted at reasonable intervals. The main difficulty is on the north side where the abutting dwelling is located fairly close to the property line. Onthis side I recommend an evergreen hedge along the property line, a 30 foot buffer of open space, and then a chain link fence marking the boundary of the usable portion of the recreation area. In addition to the above picnic area, a parking area for 10 cars immediately behind the picnic area and an access road would be needed. 0 This picnic area layout would cause the loss of only 4 units from the currently proposed development. There would be little loss to the scenic views of the other units. The closest setback between any unit and the recreation area would be 40 feet. Most of the improvements for the recreation area would be done by the City. However, the evergreen hedge along the property line may be needed anyway and should be paid for by the developer. Opening of the park for public use should not be allowed until the landscaping, fence, and parking improvements have been done. Other Points: Based on the new acreage the total number of units should be reduced to 48. A pedestrian trail should connect to the park along the northern boundary of the property. Also, since it is unclear at what point the trail will be able to ` Memorandum Next week's agenda items 12/4/81 Page 2 cross the railroad tracks, the trail should also be located along the entire eastern boundary of the property. Buildings on all abutting properties should be shown. On the south side, this is nec(,F;r;ary to review the developer's request for a 30 foot rather than 50 foot side setback. Ownership of the abandoned portion of .Brigham Road must be determined . Also, the existing City street apparently extends further than shown on the appiication. A.M. and P.M. peak hour traffic counts for both existing traffic on all of Bartletts Bay; Road and for projected traffic from the proposed development should be submitted. My understanding is that the fire chief is not yet satisfied with the layout of the project. Some explanation of building appearance and height and also landscaping should be presented. 3) ICV, Shunpike Road The applicant has been unable 'to complete all of the information required at the last meeting and requests continuation of the hearing until Tuesday, Dec- ember 22, 1981. 4) Goodrich et al. This application covers 355 acres of land owned by 3 landowners in 2 zoning districts. The area is bounded by MITEL to the North, Williston to the East, various residences to the South and Hinesburg Road to the west. It is a very preliminary indication of what the applicants envision as a good pattern of industrial and residential development for the Southeast Quadrant. • SOUTH BURLINGTON RECREATION DEPARTMENT 575 DORSET ST. SOUTH BURLINGTON VT 05401 TEL:(802)863-2883 TO: David Spitz, City Planner FROM: Natural Resources Committee RE: "The Moorings" DATE: November 17, 1981 The Natural Resources Committee met with Gerald Milot at its regular monthly meeting held November 10, 1981 to discuss the proposed development of the South Beach property. The committee still strongly recommends to the Planning Commission acquisition of park space with- in the proposed development. The committee believes the value the acquistion of lakeshore parkland offers the community far outweighs any monetary exchange. Please refer to the minutes of our November 10 meeting for details of our discussion with Mr. Milot. Life. &init. 01175 Sane .( G:ccnu 4-.1-1u MEMORANDUM To: South Burlington Planning Commission and City Planner �! From: Richard Ward, Zoning Administrative Officer Re: Violation of use limitations within the Conservation -Open Space District - South Beach area Date: 10/28/81 Cutting of trees with a diameter of more than four inches or the disturbance of shrubs or vegetation shall be allowed with permission of the City Manager, based on the recommendations of the Tree Warden. (Tree Warden out of the area until September 1982). The trees that were cut along South Beach are located within the C.O. District, approximately thirty-five trees are affected by the provision stated above. This violation is similar to the one at Treetop about one year ago. That developer was required to remove the stumps, plant seventy-five evergreens and reseed the area, this worked out well for all parties concerned. The South Beach area should be restored in the spring, this being the recommendation of Mr. William Hall, Chittenden County Forester. The disturbed area should be hand raked and seeded. In addition approximately 200 low growing shrubs should be planted along the bank to insure stabilization (this is the recommendation of Site Concern, landscape architects). The damage to the area will be subject to wind throw in ten years or so, a concern would be over fill when the area is developed, this would cause greater damage. Snow fence should be installed during the time site improvements take place. It is the recommendation of this office that the developer post a performance bond in the amount of $5700 (this amount suggested by Site Concern) and that the site be restored as soon as possible in the spring. Also, that the developer obtain permission from the Fire Chief to burn the five piles of tree tops and other debris left on the site. October 27, 1981 i+ Ray Ur4svx)r th i P.O. Lox 2385 9 jI South Burlington, Vermont 05401 Dear Mr. Unsworth In response to your letter of October 26, 1981, I feel you should be.more concerned with the apparent violation of the conservation zone on your property rather than the manner in which this office has responded to that violation. Our ordinance clearly states that no trees larger than 4 inches in dia- meter, whether dead or alive, shall be cut without permission. This :iv--ans current permission rather than "plotting eight years ago" by some uruu:,ed party. When I telephoned you several weeks ago I understood that you were aware of the 4 inch limitation and that no larger trees had been cut. At the time I took your I word for what ha ppened. i In the middle of last week I received another complaint that some large trees had been cut. I then visited your property twice, once with County Forester bill Hall. He said a number of the larger trees had been very much alive before being cut. After this input, I sent out my memo to the Planning Cciamission and icn- �'��s mediately notified Gerald Milot, the applicant on your property. Since it is impossible for us to completely replace the damage that has been r done, we are now determining the best course of action to take to correct this U apparent violation.' You will be notified of our decision. Sincerely, David H. Spitz, City Planner DS/mcq cc: Richard Ward Sidney Poger Gerald Milot Landscape Architecture & Planning Paul Flinn Michael Lawrence 82 Church Street Burlington Vermont 05401 802/862.4438 October 27, 1981 Richard Ward Zoning Administrator City of South Burlington Vermont Dear Dick, This letter is in regards to the Floorings Project Conservation Zone off Bartletts Bay Road in South Burlington. Bill Hall, Chittenden County Forester recommends the following; 1. Leave the disturbed area alone until spring. (The cutoff date for planting annual grass is October 15) 2. Springy; planting and seeding; A. Hand rake disturbed area (approximately 3900 sq. yds.) Add minimum topsoil to fill depressions and seed. Estimated cost for above - 45¢/sq. yd. _ $1755,00 B. Plant naturalized clusters of low growing; shrubs along top of bank to insure stabilization of fragile area. (approximately 200 shrubs at $20.00/shrub) $4000.00 3. Leave existing trees and seedlings on bank undisturbed. (All future clearing to be accomplished on ladders with hand tools pruning horizontal branches. 4. New project drainage plan to intercept and Swale water to north before it reaches top edge of bank. The quantities and unit costs are from our office. Sincerely, n i Michael C. Lawrence !'I,A vNING C MMISSION OCTOBER 27, 1981 The south Burlington Planning Commission held a regular meeting on Tuesday, October 27, 1981 at 7:30 pm in the Conference Room, City Hall, 575 Dorset St. Members Present Sidney Poger, Chairman; Peter Jacob, Ernest Levesque, George Mona, James Ewing, Kirk Woolery Member Absent Robert Walsh r Others Pre:;ent David :spitz, Planner; Judy Hurd, The Other Paper; Bruce O'Neill, Recreation Derartment; Jodie Peck, Free Press; Sylvia Smith and William ..chuele, natural Resources Committee; Thomas Price, President S.B. Lakeshore Owners Association; Doug �;chner, D. Phillips hells, Bill Duff, Steve Page, Ron O'Bryan, DeWilliam Moffitt, Jodie, Anna and William Wilson, Ronald Muir, Joseph Merone, J. Merone, Art Pappas, Molly Moore Kohler, Stan Wilbur, Ray Unsworth, Gerald Milot, William Eckhardt Minutes of October 20, 1981 On page 5, in the paragraph beginning with "Mr. Whittlesey", the following should be added to the second sentence: "and suggested that the Planning Commission was working with developers. Mr. Poger gave the Commission's reasons and denied Mr. Whittlesey's innuendo that the Commission was working with any developer." Mr. Woolery moved to approve the October 20, 1981 minutes as corrected Mr. Mona seconded the motion and it carried with Mr. Jacob abstaining. Sketch plan application by Gerald Milot for a 49 unit condominium unit development entitled "The Moorings" on land owned by Ray Unsworth abutting Lake Champlain - ----- Mr. Poger noted that the Planner's 10/23/81 memo noted that some large trees on the land had been cut. He read a letter from Mr. Unsworth dated 10/26, a response from Mr. Spitz to Mr. Unsworth dated 10/27 and a memo from Zoning Administrator Ward dated 10/28, all on the subject of the tree clearing. Mr. Milot did not object to Mr. Ward's suggestions on what to do about the clearing. He said he would like to go with the Commission to the area and show them the CO zone there, so they could assess any damage done. He noted that this was a sketch plan review and if the city wanted a bond posted, he would do that before going forward on the project. Mr. Poger said that if Mr. Milot would agree to put up the bond in the next couple of days, he would allow the sketch plan hearing to go forward. Mr. Milot agreed to take care of it by Thursday. Mr. Milot proposed access to the area over part of Brigham Road. There are 17 acres of land. At one time the city had been interested in the land, and Mr. Milot had understood that they wanted it partly for boat access to the lake, so he has worked a boat access into the plan. Mr. Milot noted that the culvert which overflowed in this area was the one which had been discussed when he was in requesting to develop the Nowland 2. nT�NNTNC COMMISSION CCTOBER 27, 1� 1 property on Spear St. When he widens the city street for his development, he will put in a culvert the size of the one upstream, which will take care of the problem. The access will be over city street to a certain point, and then the road will be private. Brigham Road is a city street with a 50' right of way and that is what Mr. Milot proposes. lie will need a 5' variance from the rear yard setback of a home which the road will go behind. Mr. Milot proposed that access for some of the homes in the area come in from the south, allowing the existing road to be grassed over. The zoning is R1PUD, which allows for 3 units per acre in a PUD. Mr. Milot hoped to start development in the spring and complete it in one year. The beach will be left in its natural state, and access to it will be via 3 or 4 staircases. There will be portable boardwalks andodocks on the beach. The condominium association will take care of these. The units will have 1500 sq. ft. and 2. or 3 bedrooms. Mr. Poger noted that 49 units would generate about 200 trips per day on Bartlett Bay Road, which is probably only 20-24' wide. He was not sure the road was wood enough. The developers will have to look at existing traffic on the road and at what would be added. Mr. Poger felt the city would probably have to widen that road eventually, and since it would, the developer mik;ht have to be responsible for a certain percentage of the cost, since he would contribute a certain percentage of the traffic increase. Mr. Milot noted that the Natural Resources Committee was asking for an open park area instead of a boat launch. He felt that such a park so far from ;helburne Road would attract problems and he did not want to put in a lot of lights to hold vandalism down. Mr. Schuele said that as early as 1967 the Natural Resources Committee (NRC) had recommended that this location be developed as a lakeside park. The city has no place except Red Rocks to look at the lake and mountains, and there tl.e view is accessible only from hiking trails, which not all city residents can use. The NRC recommends obtaining 15r of the land here to establish a lakeside park for public access to the lake and with picnic benches and seats for lake viewing. They also recommend a pedestrian trail along the lakeside in the CO zone. They do not feel the area is large enough for a boat launch and point out that there is one nearby in Shelburne. Mr. Milot felt that if public access were granted to the lake, fences would go up on the beach to protect the private property on both sides of the access. As far as the pedestrian trail, he did not think it would ever go anywhere, because on both sides of this land is private property. Mr. Poger said one possibility would be for the city to request a trail along the railroad tracks, and reservation of land along the lake which could be used if the links on either side were ever in place. Mr. Milot said that if a boat launch went in, he would want it closed in November, so ice fishermen did not use it. Fie would prefer not to have anything in the area and mentioned contributing some money to upgrade or alter :ied mocks so that residents of the city who were not mobile could see the lake, as the NRC wants. Mr. Mona did not want to dismiss the boat launch idea. Mr. Jacob wondered if a road could be put in at Red Rocks for people to get to a view.. Mr. Poger hated to see anything paved at Red Rocks, but wondered if the ground wasn't hard enough for wheelchairs. Mr. Woolery did not want a static park. After some more discussion, Mr. Poger noted that 3 members present favored a boat launch over a park. Mr. Woolery noted that he would rather upgrade :led hocks than have the boat launch, though. Recreation Director O'Neill personally felt that a boat launch by itself would not be that valuable and he noted 'that if the fear of vandalism kept things from being done, the city would have no parks. He said he would like 1/ 3. PLANNING COMMISSION OCTOBER 27, 1981 to discuss this with the NRC,the developer and himself at a meeting and Mr. Milot had no problem with that. Mr. Price worried that if a boat access were put in, there would be accidents on Bartlett Bay Road with cars pulling boats up the hill. Fie also said a boat access would ruin some fine bass fishing in the area. Mr. Schuele was not sure Red Rocks' natural areas should be paved. Mr. Mona noted that the zoning under PUD criteria which would allow 3 units per acre here looked to him like a first cousin to spot zoning. Mr. Poger asked Mr. Milot, for the next meeting, to discuss what gains the city would hale from allowing this density of units. He did not think the PUD was an automatic 3 units per acre. r Site plan application by Midway Oil Corporation for a convenience store and gas station at the corner of Shelburne Hoad and Baldwin Avenue Mr. Spitz said the application had been before the Zoning Board for variances for front yard setback and other items. No variance has been granted. The Pappas family owns the entire lot on which are the gas station and the Pappas restaurant. The gas station has been leased in the past by Texaco. Mr. Joseph Merone said the site was 130' of frontage on Shelburne Road by 100' deep. There has been a service station use on the land for over 20 years and the facility is operated at the present time to protect the permit. Gas is being sold on the property for that reason. The proposal is to convert the station to a gas station and convenience store. The service area will be renovated and an addition is proposed. The addition area proposed to the Zoning Board was 800 sq. ft., but they are now proposing 634 sq. ft., which will allow them to have more green space on the lot. Mr. Merone said he had put green area wherever possible on the lot. Mr. Merone also mentioned traffic. A traffic survey had been submitted with data on 6 similar locations, 4 in the Burlington area and 2 in Rutland. They found that with facilities similar to these proposed, the traffic split is usually 1/3 gas only, 1/3 store items only, and 1/3 both. They estimate sales of 70,000 gallons per month, or 179 cars per day for gas. In addition, with the store they feel they will have a maximum of 270 cars per day. Mr. Merone said a peak hour survey had been done and they expected that between 7-8 am and 4-5 pm they would have 72 cars, 28 at the morning peak and 44 at the afternoon peak. Using averages, they expect a car to enter and leave the premises every 2 minutes. He did not feel this was a large impact on Shelburne Road and he added that having this facility open would relieve traffic at other similar sites. He also felt that some of the 300 homeowners behind the site would come to the area and leave again without getting onto Shelburne Road. Using averages, Mr. :Merone said that with the 270 car per day figure, that would mean one car coming in every 9-10 minutes in the off peak hours of operation. Mr. Merone felt that the alternate, if this were not approved, would be a discount gas operation and he felt that use would generate about 384 cars per day compared to the 270 they expect from the mixed use. Mr. Spitz said the proposed use did exceed what was permitted by the C1/2 ordinance, which is 40 trips per peak hour for the minimum lot size. They are over that, so the next question is whether they are also over the amount of traffic on the lot before them, and all indications are that this mixed use will generate more traffic than just a gas station. He said that Mr. Merone's alternate of a discount gas station was valid and he suspected that the Zoning Administrator could not refuse a permit for such a use. Mr. Woolery asked about closing the curb cuts on Williston Road and October 27, 1981 Ray Unsworth P.O. Box 2385 South Burlington, Vermont 05401 Dear Mr. Unsworth, In response to your letter of October 26, 1981, I feel you should be more concerned with the apparent violation of the conservation zone on your property rather than the manner in which this office has responded to that violation. Our ordinance clearly states that no trees larger than 4 inches in dia- meter, whether dead or alive, shall be cut without permission. This ;means current Dermission rather than "plotting eight years ago by some unnamed party. when I telephoned you several weeks ago I understood that you were aware of the 4 inch limitation and that no larger trees had been cut. At the time I took your word for -chat happened. In the middle of last week I received another complaint that some large trees had been cut. I then visited your property twice, once with County Forester Bill Hall. He said a number of the larger trees had been very much alive before being cut. After this input, I sent out my memo to the Planning Cctmiission and im- mediately notified Gerald Milot, the applicant on your property. Since it is impossible for us to completely replace the damage that has been done, we are now determining the best course of action to take to correct this apparent violation. You will be notified of our decision. Sincerely, David H. Spitz, City Planner D.S/mcg cc: Richard Ward Sidney Poger Gerald Milot 1.4 e earls' pe Architec % & Planning Paul Flinn Michael Lawrence 82 Church Street Burlington Vermont nS�CI 802/862-4438 October 27, 1981 Mr. Richard Ward Zoning Administrator If City of South Burlington Vermont Dear Dick, This letter is in regards to the Moorings Project Conservation Zone off Bartletts Bay Road in South Burlington. Bill Hall, Chittenden County Forester recommends the following: 1. Leave the disturbed area alone until spring. (The cutoff date for planting annual grass is October 15) 2. Spring planting and seeding A. Hand rake disturbed area (approximately 3900 sq. yds.) Add minimum topsoil to fill depressions and seed. Estimated cost for above — 45¢/sq• yd. _ $1755.00 B. Plant naturalized clusters of low growing shrubs along top of bank to insure stabilization of fra�ile area. (approximately 200 shrubs at $20.00/shrub $4000.00 3. Leave existing trees and seedlings on bank undisturbed. (All future clearing to be accomplished on ladders with hand tools pruning horizontal branches. 4. New project drainage plan to intercept and swale water to north before it reaches top edge of bank. The quantities and unit costs are from our office. Sincerely, Michael C. Lawrence MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 10/23/81 2) The Moorings, Unsworth Land Maximum density on this 17 acre parcel under current zoning would be 51 units. Applicant is proposing 49 multi -family units with a single access from Brigham Road. Applicant also plans to purchase two other parcels on Brigham I=d to insure proper access. An area for a public boat launch is proposed; I expect that the Natural Resources Committee will have some input on the type of lake access and the amount of open space that should be acquired by the City. A LARGE AMOUNT OF BRUSH AND VEGETATION, INCLUDING SOME FAIRLY LARGE TREES, WITHIN 150 FELT OF LAKE CHAMPLAIN HAS JUST BEEN CLEARED. THIS CLEARING IS AN APPARENT VIOLATION OF THE ZONING PROVISIONS OF THE CONSERVATION -OPEN SPACE ZONE. I RECOPM4END THAT REVIEW OF ANY APPLICATION ON THIS PROPERTY NOT BE CO1TINUED UNTIL THIS MATTER IS RESOLVED. 3) Midway Oil On September 14, 1981 the Zoning Board tabled this application to allow the Planning Commission to review it under Section 7.50 (copies of the minutes and my previous memo are enclosed). This section allows approval of traffic volumes above the normal maximum if there are net benefits in traffic flow or other site improvements. `rho proposed site is 13,000 square feet out of a total lot of 1.7 acres on which the Pappas restaurant is also located. This area is all that the owner seems willing to lease. It is too small to meet normal green space requirements, let alone create the type of "improvements" that might satisfy Section 7.50. Also, since the proposed use is partially a gas station it will be difficult to close or combine any of Pappas' three Shelburne Road curb cuts. I don't see any improvements that would qualify this application for consideration under Section 7.50. 4) Dorset and San Remo This small 13,400 square foot corner lot in a commercial zone is currently occupied by a residential duplex. It will be reviewed by the Zoning Board Monday night for a combined office and one apartment use. It will come to the Planning Commission for site plan review for those combined uses if approved or for all office use. Proposed parking is adequate in either case. The application is subject to Section 7.50. Additional traffic should be minor. The lot currently has its main entrance on Dorset Street plus a curb cut for one parking space on San Remo Drive. It would be desireable to close the Dorset Street entrance and only use San Remo Drive. However, I don't recommend that change for this application because of grade changes and existing land- scaping. The main improvements for this lot should be replacement of some landscaping and driveway improvements along the Dorset Street entrance. These should be SOUTH BURLINGTON RECREATION DEPARTMENT 575 DORSET ST. SOUTH BURL INGTON VT 05401 TE1.:(802)863-2883 NATURAL RESOURCES COMMITTEE. SPECIAL MEETING 10/22/82 The South Burlington Natural Resources Committee held a special meeting on Thursday evening, October 22 at 8:00 p.m. in the Recreation Conference Room of the Municipal Office Building. MEMBERS PRESENT: Bill Schuele, Lowell Krassner, Phil Wells, David Abrams MEMBERS ABSENT: Sylvia Smith, Nancy Crowell, Peter Yankowski ALSO PRESENT: Tom Hubbard, Assistant Recreation Director The Natural Resources Committee conducted a special meeting for the purpose of discussing potential land uses of the proposed development of the South Beach Property. The following recommendations were made: The City at the present time has no parkland with a direct view across the lake. South Beach would differ from Red Rocks in that at Red Rocks Park, one must walk up into the trails a reasonable distance to obtain the view the overlooks offer. A direct view would be more accessible for Senior Citizens and families with small children. It was the original intention of the City to acquire the South Beach Property as Parkland, the NRC suggests that even with development, several parkland uses can still be obtained and have significant value. This area presents the opportunity to the City to acquire, through the use of a developer's recreation fee, some green space with lakeshore access. The City could provide through the use of the 15% Recreation Fee, adequacy for a picnic area with a dozen or so tables, several benches for viewing, and a small area of open green space. Parking spaces should be made available to the public along the access road to the development which is easily accessible to the picnic area. Permission should be granted for persons wishing to walk down to the water front for viewing and a pedestrain trail easement should be identified with in the Conservation Zone along the lakefront, and if possible, along the access road to the development. This would not only provide a valuable link in the South Burlington Comprehensive Trail Network but would also enable a tie in with the Town of Shelbure once a network has been o�;t:ablished in that neighboring town. Respectfully submitted, Thomas 11. Hubbard State of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council May 31, 1983 Frances Nesti, MD 2714 Pine Haven Shore Shelburne, VT 05482 1=Ile- . LqnWi� s AGENCY OF ENVIRONMENTAL CONSERVATION Montpelier, Vermont 05602 Department of Water Resources and Environmental Engineering 255 North Main Street Barre, VT 05641 828-2454 RE: Act 250 #4C0518-1, Lakeland Corporation, Shelburne, VT, Case #4-323 Dear Dr. Nesti: Thank you for your letter of May 5, 1983, regarding alleged violations of the Act 250 permit for Lakelands Corp. I inspected the construction of lake shore stairways and found that they are not permanent because by the removal of two pins, the first sections can be removed and brought to the top of the enbankment. Your reference to construction in a conservation of open spaces zone is not re- flected in the Act 250 permit. I understand that this rule is a part of the Town of South Burlington regulations and, therefore, am referring your letter to the Town of South Burlington for their review. If the Town of South Burlington planning represent- ative feels that a violation of the open spaces rule has occurred, he should contact the District Environmental Coordinator, Katherine Powers, which may have an impact on the Act 250 permit. Again, I would suggest that you seek legal counsel to review your position and com- plaints regarding this project. If we can be of further assistance, please contact Katherine Powers at the District Environmental Office at 111 West Street, Essex Jct., Vermont 05452, telephone 879-6563. Yours truly, Zes Dodge Environmental Inspector cc Katherine Powers Ernest Christianson South Burlington Planning Commission Susan Haitsma �sh�p �,co�v✓� `t.�o�.n�� /l/lICZ MEMORANDUM TO: FROM: DATE: RE: FOR YOUR INFORMATM ONLY L,-Ct411 � STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 111 West Street Essex Junction, Vermont 05452 Phone: 879-6563 All Parties Katherine M. Powers. -•1 Environmental Board Coordinator J J for the District Commission #4 May 17, 1983 Application #4CO518-1 Milot/Lakelands South Burlington Please be advised that the District Commission will hold a hearing regarding the request to extend the construction completion date on the previously approved construction of 48 condominiums with municipal water, sewer and related roadway, driveways and parking areas on a 16 acre parcel fronting on Lake Champlain. The project is located off of Brigham Road in South Burlington, Vermont. This hearing will be held at 4:00 P.M., TUESDAY, MAY 31, 1983 at the Chittenden County Regional Planning Commission office, 58 Pearl Street, Essex Junction, Vermont. e FIL , � 0 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 111 West Street Essex Junction, Vermont 05452 Telephone: 879-6563 June 2, 1983 Ursula and Jack Crews 508 South Beach. Road South Burlington, Vermont 05401 Re: Land Use Permit #4CO518 Dear Mr. and Mrs. Crews: I have received your letter of June 1, 1983 regarding the removal of dead trees along the southern boundary of the Landings property. I believe that in Mrs. Milot's discussion with the homeowners association she was referring to condition #8 of Land Use Permit #4CO518. One sentence of this condition requires that the existing vegetation located along the Lake Champlain shoreline be retained. This vegetation is shown on a drawing submitted to the Commission during the hearing and labeled Exhibit #24. Before the District Commission grants a permit, it must find that the planned project will not have an undue, adverse impact under the 10 environ- mental criteria outlined in Act 250. One of these subcriteria, l(F) examines the impact which a project may have upon a shoreline. In this case, the Landings property bordered the shoreline of Lake Champlain. The retention of shoreline vegetation is important for a number of reasons, among them the retention of shoreline vegetation can help to prevent soil erosion from reach- ing the lake and adversely impacting water quality, wildlife and plant life and can aid in retaining the aesthetic qualities of the shoreline. Based upon their review of this project the Commission determined that the retention of the existing vegetation, as indicated, was important enough to become a condition of their approval. It is my opinion that it was not the intention of the Commission to prohibit the removal of dead trees. I would suggest, however, that when dead trees are removed from the shoreline area caution be taken so that soil erosion does not occur. The understory regeneration ought to be retained and only minimally disturbed. The roots of the shoreline vegetation stabilize this land from erosion. Ursula and Jack Crews -2- June 2, 1983 Please feel free to write or call with any other questions which you may have. Sincerely, Katherine M. Powers Environmental Board Coordinator for the District Commission #4 e cc: All Parties 508 South Beach Road South Burlington, Vermont 05401 June 1, 1983 Environment District Commission 4 111 West Street Essex Junction, VT Att. Kathryn Powers Deer Ms. Powers: I am the owner of Lot #5089 The Landings, South Beach Road, South Burlington, Vt. During the past several months I have made a number of inquiries of the Milots, the devel— opers lare condominium trees alonngcomplex, theregarding southernthe boundaryaofof severall g, this development. Mrs. Milot informed me at an association meeting held May 249 1983, that your office will not allow the removal of these trees. I do not understand the reason for this decision since the trees in question have been dead a number of years and have rotted to the point of being a hazard to life and property, particularly since one of the main pathways to the beachfront will be along that boundary. The Milots are more than willing to have the trees removed but cannot proceed without the approval of your office. I would hope that you will reconsider your position as soon as possible since removal should take place before land— scaping has been completed. Should the trees remain intact and an accident occur, there will, of course, be a question of liability. Your cooperation in this matter will be aprreciated. Y_piir s truly, Ursula and ack Crews cc: M. Pilot W . Duff JUN 2 lei 5 ,pa VAT 8� %81 % p I� Kr. tiv (3owaA(�„) PM Peat. Hr• (4"5) 1/0 67 .IS ' S P�'1. r • `� 5- ' 3 N P. M, AAk T (I per) a � 1�D�3DD% f'Dt-- Qv/17JC fm Ovd�9ja GW, -t Yt llvw = 1lf q p (0175�o�c Il I -It ? 0 d1 �f 0743 4 �x� 0 0 f 6 0 64� jutk �L - ©- ✓ Q -w- - , ?�j City of South Burlington WATER DEPARTMENT 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4361 March 23, 1982 Mr. Roger Dickinson Fitzpatrick -Llewellyn Associates 15 Brickyard Road Essex Junction, Vermont 05452 RE: The Landings Dear Sir, This department has completed its study and analysis of the domestic and fire flow requirements of the above referenced project and its effect on the Main Service distribution system and have reached the following conclusions. 1. Our existing Main Service distribution system will be able to provide The Landings with the required domestic and fire flow demands. 2. The required fire flows, 1750 GPM, will not hamper the ability of the present Main Service distribution system to provide domestic and fire service to its existing customers. If you need any further information or I can be of further assistance please do not hesitate to call. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Robert L. Gardner Superintendent cc: Dave Spitz Bill Szymanski DHS 3/23/82 For the Final Plat Application by Gerald Milot for a 48-unit PUD at Bartletts Bay as depicted on a plan entitled "The Landings," prepared by Fitzpatrick -Llewellyn Associates, stamped and dated 3/16/82: Stipulations: 1) The proposal for abandonment of a portion of public roadways shall be submitted to the City Council for their concurrence. All abandoned road segments shall be seeded. 2) The following bonds shall be provided prior to issuance of the first building permit: (a) A landscaping bond of $40,000. (b) Sufficient bonding amounts to cover costs of public streets and utilities. 3) The recreation fee for this project is $40,000. A base fee of $115 per unit shall be provided prior to issuance of each building permit. The balance of $718.33 per unit shall be paid within 6 months after issuance of each building permit and shall be secured by a letter of credit or equivalent surety. 4) All final legal documents shall be submitted to and approved by the City Attorney and signed documents shall be submitted prior to the recording date for the final plat (90 days after final plat approval). 5) All stairs and boardwalks along the beach and on the bank shall be removed prior to each winter season. 6) This approval expires in 2 years. F,;W4 Atm pt - JL-04 �C - 4" �wj*v iv- to r r /0-t4,t� p#4a CA 9/) M DECLARATION OF WATERSIDE AT SHELBURNE BAY ARTICLE I SUBMISSION: DEFINED TERMS Section 1.01. Submission of Property; Creation. a Vermont general partnership having a place of business in Essex Junction, Vermont, and its successors and assigns (the "Declarant"), owner in fee simple of the following described lands located in the City of South Burlington, County of Chittenden and State of Vermont (the "Land"), hereby submits the Land, together with all easements, rights and appurtenances thereto (the "Property"), to the provisions of Chapter 15 of Title 27 of the Vermont Statutes Annotated, known as the Vermont Condominium Ownership Art (the "Act"), and hereby creates with respect to the Property a condominium, to be known as Waterside at Shelburne Bay (the "Condominium"): Section 1.02. Definitions. Each capitalized term used herein without definition shall have the meanings specified in the Bylaws of the Waterside at Shelburne Bay Association (the "Association") attached as Exhibit C (the "Bylaws"), as it may be amended from time to time, or as provided in the Act. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 ARTICLE II BUILDINGS ON THE LAND: UNIT BOUNDARIES AND DESCRIPTIONS Section 2.01. Number and Location of Buildings. The locations of the Buildings on the Land are depicted on Exhibit A. There are six Buildings. Section 2.02. Description of Building. The Buildings are of wood frame construction with wood clapboard siding. The Units in the Buildings are townhouse style; they each have a full basement, a first or main floor and a second or upper floor; the main and upper_ floors are wood construction. The roofs of all Buildings are covered with asphalt shingles. Section 2.03. Description of Units; Allocation. The locations of all Apartments (the "Units") within the Buildings are shown on the "Plans" attached as Exhibit A and B. There are a total of 48 Units. Each Building contains eight Units. All of the Units contain _ The Plans set forth, as to each Unit, its layout, location, Unit number and dimensions. See Exhibits A and B. Exhibit D is a list of all Units, the identifying number of each Unit, the value of the Property and each Unit and the percentage of undivided interest in the Common Areas and Facilities (the "Common Elements"), including voting, allocated to each Unit. The location of the Common Elements to which each Unit has direct access are shown on Exhibits A and B. Section 2.04. Unit Boundaries. Each Unit consists of the space within the following boundaries: LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 (a) upper and lower (horizontal) boundaries: The upper and lower boundaries of the Units shall be the following boundaries extended to an intersection with the vertical (perimetric) Boundaries: (i) upper boundary: The horizontal plane of the bottom or lower most surface of the plasterboard of the ceiling bounding the Unit. (ii) lower boundary: The horizontal plane of the top surface of the concrete slab. (b) vertical (perimetric) boundaries: The vertical boundaries of the Units shall be the vertical plane which includes the innermost surface of the plasterboard of all -2- walls bounding the Unit extended to intersections with each other and with the upper and lower boundaries. (c) if any chute, fire duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of any Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to that Unit, and any portion of the Common Elements is a part of the Common Elements. Subject to the foregoing, all spaces, interior partitions and other fixtures and improvements within the boundaries of a Unit are a part of the Unit. ARTICLE III COMMON AREAS AND FACILITIES Section 3.01. Limited Common Elements. (a) A Limited Common Area and Facility (a "Limited Common Element") is a portion of the Common Elements allocated for the exclusive use of one or more but fewer than all of the Units. (b) Balconies, terraces and fences, if any, adjacent to any Unit, shown on the plans attached as Exhibits A and B are Limited Common Elements appurtenant to the Unit. (c) Any shutters, awnings, windowboxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows, equipment storage areas, closets or other fixtures or improvements designated to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. (d) The Plans depict certain open parking areas and garage spaces; those parking areas and spaces which bear a number corresponding to a Unit number are Limited Common Elements, and the areas and spaces so depicted shall be Limited Common Elements appurtenant to and for the exclusive use of the respective Units. Section 3.02. Common Areas and Facilities. (a) The Common Elements are all the Property depicted on Exhibits A and B except Units and Limited Common Elements. The Common Elements include, without limitation, the following: LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 (i) the Land, including the real estate upon which the Buildings and other improvements are located, together with the benefit of, and subject to, all rights, easements, restrictions and agreements recorded in the Land Records of the City of South Burlington; -3- (ii) all portions of the Buildings, except those portions identified as Units and Limited Common Elements; and (iii) all improvements other than the Buildings and Limited Common Elements. (b) The Common Elements shall remain undivided and shall be devoted to the common use and enjoyment of all Unit owners. No Unit owner nor any other person shall maintain any action for partition or division thereof, unless the Property has been removed from the provisions of this Declaration pursuant to the Act. (c) Each Unit owner may use the Common Elements in accordance with the purposes for which they were intended without hindering or encroaching upon the lawful rights of other Unit owners. Use of the Common Elements shall be subject to the rules and regulations regarding use thereof as shall be established from time to time by the Board of Directors. ARTICLE IV USE RESTRICTIONS Section 4.01. Units. (a) Each Unit shall be used solely for residential purposes and no trade or business of any kind may be carried on therein; (the lease or the rental of any Unit for residential purposes shall not be considered to be carrying on of a trade or business). (b) The Declarant reserves the right to use or maintain any Unit as sales office, management office or model until such time as the Declarant conveys the title thereto. Section 4.02. Alterations. No improvements or alteration to any Unit may be made which would impair the structural integrity or mechanical systems or lessen the support of any portion of the Land or the Buildings. Without the prior consent of the Association, the appearance of the Common Elements or the exterior appearance of. any Unit or Building may not be changed. No Unit may be subdivided or converted into two or more Units. Section 4.03. Interference with Others. No Unit shall be used or maintained in a manner which shall interfere with the comfort or convenience of occupants of other Units or the provisions of the Bylaws. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -4- ARTICLE V FASFDIRNTS Section 5.01. Easement for Access. Each Unit owner is hereby granted an easement, in common with each other Unit owner, in all Common Elements, for ingress to and egress from, utility service for, and support, maintenance and repair of each Unit, subject to such reasonable rules, regulations and restrictions as may be imposed by the Association. Each Unit is hereby burdened with and subjected to an easement for ingress and egress through all Common Elements by persons lawfully using or entitled to the same. Section 5.02. Easement for Encroachment. To the extent that any Unit or Common Element unintentionally and non -negligently encroaches on any other Unit or Common Element, an easement for the encroachment shall exist. Section 5.03. Easement for Completion; Utilities. The Declarant hereby reserves an easement through the Common Elements for the purpose of completing or making improvements described in this Declaration; to make improvements in the Condominium; and to erect and remove signs advertising the Condominium. The Declarant also reserves the right to grant and reserve easements and rights of way through, under, over and across the Property for the installation, maintenance and inspection of lines and appurtenances for public or private sewer, water, drainage, gas, electricity, telephone and other utilities. Section 5.04. Easement for Support. Each Unit and the Common Elements shall have an easement for lateral and subadjacent support from every other Unit and the Common Elements. Section 5.05. Upkeep of Condominium. Maintenance, repair and replacement of the Common Elements and of the Units shall be as provided for in the Bylaws notwithstanding boundaries of Units and Common Elements. Each Unit owner shall afford to the Association and the other Unit owners, and to their agents or employees, access across his Unit reasonably necessary for those purposes. If damage is inflicted on the Common Elements or any Unit through which access is taken, the Unit owner responsible for the damage, or the Association, if it is responsible, shall promptly repair such damage. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURL.INGTON, VT 05402 -5- Section 5.06. Environmental Requirements. (a) Without the prior written consent of the District 4 Environmental Commission, or its successor, (i) no Unit Owner shall remove or replace water conserving plumbing devices originally installed in any Unit; (i i) the Association shall maintain, repair and replace all of the Common Elements, including roadways and the storm water systems; and shall replace all trees and shrubs as necessary; (iii) no vehicles shall be parked or permitted to remain standing in these areas of the Common Elements identified as fire lanes and restricted vehicular parking areas; and (iv) no open burning shall be permitted on the Property. (b) No amendment of Section 5.06(a) shall be effective without the prior written consent of the District 4 Environmental Commission. ARTICLE VI DAMAGE OR DESTRUCTION Section 6.01. Common Elements. Any portion of the Common Elements which is damaged or destroyed shall be promptly repaired or replaced by the Association unless (a) repair or replacement would be illegal under any State or local health or safety statute or ordinance, or (b) the Condominium is terminated. Section 6.02. Units. (a) If any portion of a Building in which a Unit is located shall be damaged or destroyed, the damaged portion shall be promptly repaired or replaced by the Association unless (i) repair or .replacement would be illegal under any State or local health or safety statute or ordinance, or (ii) 80 percent of the Unit owners, including the owner of a Unit and the owner of any Limited Common Element which will not be rebuilt, vote not to rebuild, or (iii) the Condominium is terminated. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 (b) In the event that the damage or destruction is limited to the interior of a Unit or to a Limited Common Element, then the owner of the Unit or the owner or owners of the Unit or Units benefited by the Limited Common Element, as the case may be, shall promptly repair or replace the damaged portion. Section 6.03. Insurance. The Association shall maintain, to the extent available, property insurance on the Common Elements and Units, exclusive of betterments and improvements installed in Units by Unit owners, insuring against all risks of direct physical loss commonly insured against and comprehensive general liability insurance, all in such amounts as the Association shall determine from time to time. Any loss covered by insurance shall be adjusted by the Association which shall hold the proceeds in trust for the Unit owners and lien holders as their interest may appear; in the event of repair or replacement, the proceeds shall be disbursed first for repair or replacement. The cost of repair or replacement of the Common Elements, in excess of insurance proceeds and reserves, if any, shall be a Common Expense. ARTICLE VTI CONDEMNATION Section 7.01. Common Elements. If any portion of the Common Elements is taken by condemnation, the Condominium shall not terminate unless 80 percent of the Unit owners so vote. The Association shall divide any portion of the award not used for any restoration or repair of the remaining Common Elements before the condemnation, but the portion of an award attributable to the acquisition of a Limited Common Element shall be divided equally among the owners of the Units to which that Limited Common Element was allocated at the time of acquisition. Section 7.02. Units. Upon acquisition by condemnation of any Unit or such a part of a Unit that the Unit owner is left with a remnant which may not practically or lawfully be used for any purpose permitted by this Declaration, that Unit's entire Common Element interest shall be reallocated to the remaining Units in proportion to the respective interests of those Units prior to condemnation, and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocation. The Common Element interest of a Unit prior to condemnation, and any remnant of a LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT 05402 -7- Unit remaining after part of a Unit is taken, thereafter shall be a Common Element. ARTICLE VIII THE ASSOCIATION Section 8.01. Authority. Condominium shall be managed Association shall be governed amended from time to time. The business affairs of the by the Association. The by its Bylaws, as it may be Section 8.02. Membership. The membership of the Association shall at all times consist exclusively of all the Unit owners or, following termination of the Condominium, of all former Unit owners. Section 8.03. Powers. The Association shall have all of the powers, authority and duties permitted pursuant to the Act necessary or appropriate to manage the business and affairs of the Condominium. ARTICLE IX C014PLIANCE AND DEFAULT Section 9.01. Generally. Each Unit owner shall be governed by and shall comply with, the terms of the Declaration and the Bylaws of the Association, and any and all regulations adopted pursuant thereto, as they may be amended from time to time. Failure of a Unit owner to comply therewith shall entitle the Association or other Unit owners to the,f.ollowing relief in addition to the remedies provided by the Act: (a) Liability. A Unit owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or by that of any member of his family or his or their guests, employees, agents, lessees or other invitees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse, occupancy or abandonment of a Unit or its appurtenances, or of the Common Elements. (b) Costs and Attorneys' Fees. In any proceeding arising because of an alleged failure of a Unit owner to comply with the terms of the Declaration or the Bylaws of the Association, and any and all regulations adopted pursuant thereto, as they LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT05402 i may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the court. Section 9.02. Waiver. No provision of this Declaration shall be deemed to have been waived by reason of any failure to enforce, regardless of the occurrence of violations or breaches from time to time. ARTTC'T,R X AMENDMENTS Section 10.01. Generally. Except as otherwise provided in Section 10.04, this Declaration may be amended only by vote or agreement of at least 75 percent of the votes, by number, of the Unit owners. For so long as the Declarant has any interest in the Property, including unsold or unbuilt Units, no amendment shall be effective unless consented to by the Declarant. Every amendment shall be prepared, executed, recorded and certified by the Association and shall be effective only when recorded in the Land Records of the City of South Burlington. Section 10.02. Individual's Consent. No amendment which alters the dimensions of any Unit or which alters the percentage of the Common Element interest to which any Unit is entitled shall be valid unless the same has been signed or consented to by the Unit owner so.aff_ected. Section 10.03. Statutory Compliance. No amendment which alters this Declaration in any manner which would render it contrary to or inconsistent with any requirements or provisions of the Act shall be valid. Section 10.04. Amendment by Declarant. Notwithstanding the provisions of Section 10.01, this Declaration may be amended by the Declarant, without the consent of any other Unit owner (a) prior to the sale by the Declarant of 50 percent of the Units, or (b) in order to comply with any provision of law; and any such amendment, upon execution and certification by the Declarant and recording by the City Clerk of the City of. South Burlington, shall be effective upon recording. LISMAN & LISMAN ATTORNEYS AT LAW F.O. BOX 728 BURLINGTON, VT 05402 ARTICLE XI MISCELLANEOUS Section 11.01. Invalidity. If any provision of this Declaration is held invalid, the invalidity thereof shall not affect other provisions of this Declaration which can be given effect without the invalid provisions, and to this end the provisions of this Declaration are severable. Section 11.02. Headings. The headings in this Declaration are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. Section 11.03. Termination. This Declaration, as it may be amended from time to time, may be terminated as provided by law. Section 11.04. Agent. The person who shall receive service of process as required by the Act is Carl H. Lisman and his place of business is 191 College Street, Burlington, Vermont. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by a general partner and duly authorized agent this day of , 1982. WIT14ESSES: IM STATE OF VERMONT CHITTENDEN COUNTY, SS. Personally appeared Gerald C. Milot and he acknowledged the foregoing instrument by him signed and sealed to be his free act and deed and the free act and deed of this day of , 1981. Before me Notary Public -10- Exhibit C WATERSIDE AT SHELBURNE BAY ASSOCIATION BYLAWS ARTTC'T,F T Plan of Unit Ownershi Section 1.01. Applicability. These Bylaws provide for the governance of the Condominium. The Condominium, located in South Burlington, Vermont, is more particularly described in the Declaration of Condominium. Section 1.02. Compliance. Every Unit owner and all those entitled to occupy a Unit shall comply with these Bylaws. Section 1.03. Office. The office of the Condominium, the Association, and the Board of Directors shall be located at the Property or at such other place as may be designated from time to time by the Board of Directors. Section 1.04. Definitions. Each capitalized term used herein without definition shall have the meanings specified in the Declaration of Condominium of Waterside at Shelburne Bay to which these Bylaws are attached, as it may be amended from time to time (the "Declaration") or as provided in the Vermont Condominium Ownership Act (the "Act"). ARTICLE II Waterside at Shelburne Bav Association Section 2.01. Composition. The Association shall consist of all Unit owners acting as a group. For all purposes, the Association shall act merely as an agent for the Unit owners as a group. The Association shall have the responsibility_ for administering the Condominium, establishing the means and methods of collecting assessments and charges; arranging for the management of the Condominium; and performing all of the other acts that may be required or permitted to be performed by the Association by the Act and the Declaration. Except as to those matters which the Act specifically requires to be performed by the vote of the LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 Association, the foregoing shall be performed by_ the Board of Directors or their designee. Section 2.02. Annual Meetings. The annual meetings of the Association shall be held on the tenth day of November of each year, even if a Saturday or Sunday or holiday. At such annual meetings the Board of Directors for the next calendar year shall be elected by ballot of the Unit owners. If, in any year, an annual meeting is not held, a special meeting may be held in lieu thereof, and any elections or business transacted thereat shall have the same effect as if held or transacted at any annual meeting. Section 2.03. Place of Meetings. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Unit owners as may be designated by the Board of Directors. Section 2.04. Special Meetings, Any Director may, and the President shall, call a special meeting of the Association upon a petition signed and presented to the Secretary by Unit owners with not less than a majority of the votes in the Association. The notice of any special meeting shall state the time, place and purpose thereof. No business shall be transacted at a special meeting except as stated in the notice. Section 2.05. Notice of Meetings. (a) The Secretary shall mail or hand deliver to each Unit owner a notice of the place, date, hour and purpose or purposes of each special meeting of the Unit owners. The notice shall be mailed or hand delivered not less than 7 days nor more than 20 days before the date of such meeting. No such notice shall be required for the annual meeting of the Association. (b) Any Unit owner may at any time, in writing, waive notice of any meeting of the Association, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Unit owner at any meeting of the Association shall constitute a waiver of notice by him of the time, place and purpose of such meeting. Section 2.06. Adjournment of Meetings. If at any meeting of the Association a quorum is not present, Unit owners having a majority of the votes who are present at such meeting in person or by proxy may adjourn the meeting to a time not less than 48 hours after the time the original meeting was called. Section 2.07. Voting. The vote to which each Unit owner is entitled shall be the Common Element interest assigned to his Unit in the Declaration. Except where a greater number is required by the Act, the Unit owners with more than fifty LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -2- percent of the votes of members voting in person or by proxy at one time at a duly convened meeting at which a quorum is present ("Majority of the Unit owners") is required to adopt decisions at any meeting of the Association. Section 2.08. Quorum. Except as otherwise provided in the Bylaws, the presence in person or by proxy of Unit owners of 50 percent or more of the votes of the members shall constitute a quorum at all meetings of the Association. Section 2.09. Conduct of Meetings. The President shall preside over all meetings of the Association and the Secretary shall keep the minutes of the meetings and record in a minute book all resolutions adopted at the meetings as well as a record of all transactions occurring thereat. The then current edition of Robert's Rules of Order shall govern the conduct of all meetings of the Association and the Board of Directors when not in conflict with the Bylaws, the Declaration or the Act. Section 2.10. Action Without Meeting. Any action by the owners required or permitted to be taken at any meeting may be taken without a meeting if all of the Unit owners shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Unit owners. ARTICLE III Board of Directors Section 3.01. Number and Qualifications. The affairs of the Association shall be governed by a Board of Directors composed of three persons, all of whom shall be Unit owners or spouses of Unit owners. An officer or agent of a corporate Unit owner or general partner of a partnership or the beneficiary of a trust shall be deemed to be the Unit owner_ for this purpose. Section 3.02. Powers and Duties. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not prohibited by the Act, including the following: (a) Prepare an annual budget, in which there shall be established the assessments of each Unit owner for the Common Expenses of the Condominium (the "Common Expenses"). (b) Make assessments against Unit owners to defray the costs and expenses of the Condominium, establish the means and LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -3- methods of collecting such assessments from the Unit owners and establish the period of the installment payment of the annual assessment for Common Expenses. Unless otherwise determined by the Board of Directors, the annual assessment against each Unit owner for his proportionate share of the Common Expenses shall be payable in equal monthly installments each such installment to be due and payable in advance on the first day of each month for such month. (c) Provide for the operation, care, upkeep and maintenance of all of the Property and services of the Condominium. (d) Designate, hire and dismiss the personnel necessary for the maintenance, operation, repair and replacement of the Common Elements and provide services for the Property and, where appropriate, provide for the compensation of such personnel and for the purchase of equipment, supplies and material to be used by such personnel in the performance of their duties, which supplies and equipment shall be deemed part of the Property. (e) Collect the assessments against the Unit owners, deposit the proceeds thereof in bank depositories designated by the Board of Directors and use the proceeds to carry out the administration of the Property. (f) Make and amend the Rules and Regulations applicable to Unit owners and occupants of Units. (g) Open bank accounts on behalf of the Association and designate the signatories thereon. (h) Make, or contract for the making of, repairs, additions and improvements to or alterations of the Property, and repairs to and restoration of the Property, in accordance with these Bylaws, after damage or destruction by fire or other casualty, or as a result of the condemnation or eminent domain proceedings. (i) Enforce by legal means the provisions of the Declaration, these Bylaws and the Rules and Regulations and act on behalf of the Unit owners with respect to all matters arising out of any eminent domain proceeding. (j) Obtain and carry insurance against casualties and liabilities, as provided in these Bylaws, pay the premiums therefor and adjust and settle any claim thereunder. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -4- (k) Pay the cost of all authorized services rendered to the Association and not billed to Unit owners of individual Units or otherwise provided for in Article V of these Bylaws. (1) Keep books with detailed accounts in chronological order of the receipts and expenditures affecting the Property, and the administration of the Condominium, the Common Elements and any other expenses incurred. Such books and vouchers accrediting the entries thereupon shall be available for examination by the Unit owners, their duly authorized agents or attorneys, during general business hours on working days at the times and in the manner set and announced by the Board of Directors for the general knowledge of the Unit owners. All books and records shall be kept in accordance with good accounting practices. (m) Notify a mortgagee of any default hereunder or pursuant to the Declaration by Unit owner of the Unit subject to such mortgage, in the event such default continues for a period of exceeding 30 days. (n) Borrow money on behalf of the Condominium when required in connection with any one instance relating to the operation, care, upkeep and maintenance of the Condominium; provided, however, that the consent of at least two-thirds of the votes of Unit owners, obtained at a meeting duly called and held for such purpose in accordance with the provisions of these Bylaws, shall be required to borrow any sum in excess of Five Thousand Dollars. (o) Acquire, hold and dispose of Units and mortgage the same if such expenditures and hypothecations are included in the budget adopted by the Association. (p) Do such other things and acts not inconsistent with the Act, the Declaration or these Bylaws which the Board of Directors may be authorized to do by a resolution of the Association. Section 3.03. Managing Agent. The Board of Directors may employ for the Condominium a "Managing Agent" at a compensation to be established by the Board of Directors. Section 3.04. Election and Term of Office. At the first annual meeting of the Association, the term of office of one member of the Board of Directors shall be fixed at three years, the term of office of one member shall be fixed at two years and the term of office of one member of the Board of Directors shall be fixed at one year. At the expiration of the initial term of office of each member of the initial Board of Directors, a successor_ shall be elected to serve for a term of LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT 05402 -5- two years. The members of the Board of Directors shall hold office until their respective successors shall have elected by the Association. Section 3.05. Removal or Resignation of Members of the Board of Directors. At any regular or special meeting of the Unit owners duly called, 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 be elected to fill the vacancy thus created. Any director whose removal has been proposed by the Unit owners shall be given at least seven days notice of the time, place and purpose of the meeting and shall be given an opportunity to be heard at the meeting. A member of the Board of Directors may resign at any time and shall be deemed to have resigned upon disposition of his Unit. Section 3.06. Vacancies. Vacancies in the Board of Directors (caused by any reason other than the removal of a director by a vote of the Association) shall be filled by a vote of a majority of the remaining Directors at a special meeting of the Board of Directors held for such purpose promptly after the occurrence of anv such vacancy, even though the directors present at such meeting may constitute less than a quorum. Each person so elected shall be a member of the Board of. Directors for the remainder of the term of the member being replaced. and until a successor shall be elected at the next annual meeting of the Association. Section 3.07. Organization Meeting. The first meeting of the Board of Directors shall be held within sixty days after the filing of the Declaration at such time and place as shall be fixed by the Declarant, and no notice shall be necessary to the newly elected members of the Board of Directors in order to legally constitute such meeting, providing a majority of the whole Board of Directors shall be present thereat. Section 3.08. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the directors, but such a meeting shall be held at least following each meeting of the Association without notice. Notice of regular meetings of the Board of Directors shall be given to each director, by mail, telegraph or hand delivery, at least three business days prior to the day named for such meeting. Section 3.09. Special Meetings. Special meetings of the Board of Directors may be called by the President on three days notice to each director, given by mail, telegraph or hand delivery, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 shall be called by the President or Secretary in like manner and on like notice on the written request of any Director. Section 3.10. Waiver of Notice. Any director may at any time, in writing, waive notice of any meeting of the Board of Directors, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board of Directors shall constitute a waiver of notice by him of the time, place and purpose of such meeting. If all directors are present at any meeting of the Board of Directors, no notice shall be required and any business may be transacted at such meeting. Section 3.11. Quorum. At all meetings of the Board of Directors a majority of the directors shall constitute a quorum for the transaction of business, and the votes of a majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. Section 3.12. Compensation. No director shall receive any compensation from the Condominium for acting as such. Section 3.13. Action Without Meeting. Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Directors shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Board of Directors. Section 3.14. Liability of the Board of Directors, Officers, Unit Owners and Association. (a) The officers and members of the Board of Directors shall not be liable to the Association for any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The Association shall indemnify and hold harmless each of the officers and directors from and against all contractual liability to others arising out of contracts made by the officers or the Board of Directors on behalf of the Association unless any such contract shall have been made in bad faith or contrary to the provisions of the Act, the Declaration or these Bylaws. (b) The Association shall not be liable for any failure of water supply or other services to be obtained by the Association or paid for as a Common Expense, or for injury or damage to person or property caused by the elements or by the Unit owner of any Unit, or any other person, or resulting from electricity, water, snow or ice which may leak or flow from any portion of the Common Elements or from any pipe, drain, conduit, appliance or equipment. The Association shall not be LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT 05402 -7- liable to any Unit owner for loss or damage, by theft or otherwise, of articles which may be stored upon any of the Common Elements. No diminution or abatement of any assessments, as herein elsewhere provided, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Elements or from any action taken by the Association to comply with any law, ordinance or with the order or directive of any municipal or other governmental authority. ARTICLE IV Offinar�q Section 4.01. Designation. The principal officers of the Association 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 judgment may be necessary. The President shall be a member of the Board of Directors. All other officers shall be'Unit owners or spouses of Unit owners. Section 4.02. Election of Officers The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors. Section 4.03. Removal of Officers. Upon the affirmative vote of a majority of all members of the Board of Directors any officer may be removed, either with or without cause, and a successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for such purpose. Section 4.04. President. The President shall be the chief executive officer of the Association; preside at all meetings of the Association and of the Board of Directors; and have all of the general powers and duties which are incident to the office of president generally including, without limitation, the power to appoint committees from among the Unit owners from time to time as the President may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association. Section 4.05. Vice President. The Vice President shall take the place of the President and perform the duties of the President 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 member LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 i 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 4.06. Secretary. The Secretary shall keep the minutes of all meetings of the Association and of the Board of Directors; have charge of such books and papers as the Board of Directors may direct; maintain a register setting forth the place to which all notices to Unit owners and others shall be delivered; and, in general, perform all the duties incident to the office of secretary. Section 4.07. Treasurer.. The Treasurer shall have the responsibility for Association funds and securities and shall be responsible 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; make disbursements on behalf of the Association upon consent of the Board of Directors except as provided in Section 4.08; and be responsible for the deposit of all monies and other valuable effects in the name of the Board of Directors, the Association or the Managing Agent, in such depositories as may from time to time be designated by the Board of Directors; and, in general, perform all the duties incident to the office of treasurer. Section 4.08. Execution of Documents. All agreements, contracts, deeds, leases, checks and other instruments of the Association for expenditures or obligations in excess of Two Thousand Dollars, and all checks drawn upon reserve accounts, shall be executed by any two persons designated by the Board of Directors. All such instruments for expenditures or obligations of One Thousand Dollars or less, except from reserve accounts, may be executed by the Treasurer or any one person designated by the Board of Directors. Section 4.09. Compensation of Officers. No officer who is also a director shall receive any compensation from the Association for acting as such officer. ARTTM.R V Operation of the Condominium Section 5.01. Determination of Common Expenses and Assessments Against Unit Owners. (a) Fiscal Year. The fiscal vear of the Association shall be the calendar year unless otherwise determined by the Board of Directors. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -9- (b) Preparation and Approval of Budget. (i) On or before the fifteenth day of November for each following year, the Board of Directors shall adopt a budget for the Association containing an estimate of the total amount considered necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements and those parts of the Units and other properties as to which it is the responsibility of the Board of Directors to maintain, repair and replace, and the cost of wages, materials, insurance premiums, services, supplies and other expenses that may be declared to be Common Expenses by the Act, the Declaration or a resolution of the Association and which will be required during the ensuing fiscal year for the administration, operation, maintenance and repair of the Property and the rendering to the Unit owners of all related services. (ii) Such budget shall also include such reasonable amounts as the Board of Directors considers necessary to provide working capital, a general operating reserve and reserves for contingencies and replacements. On or before the next succeeding fifteenth day of December the Board of Directors shall send to each Unit owner a copy of the budget in a reasonably itemized form which sets forth the amount of the Common Expenses and any special assessment payable by each Unit Owner. Such budget shall constitute the basis for determining each Unit owner's assessment for the Common Expenses of the Association. (c) Assessment and Payment of Common Expenses. The total amount of the estimated funds required from assessments for the operation of the Condominium set forth in the budget adopted by the Board of Directors shall be assessed against each Unit owner in proportion to his respective Common Element interest. (d) Reserves. The Board of Directors shall include in the budget and build up and maintain reasonable reserves for working capital, operations, contingencies and replacements. (e) Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit owner's obligation to pay his allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit owner shall LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -10- continue to pay each monthly installment at the monthly rate established for the previous fiscal year until notice of the monthly payment which is due more than ten days after such new annual or adjusted budget shall have been delivered. Section 5.02. Payment of Common Expenses. Each Unit owner shall pay the Common Expenses assessed by the Board of Directors. No Unit owner may exempt himself from liability for his contribution toward Common Expenses by'waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit. Prior to or at the time of any conveyance of a Unit by a Unit owner, all liens, unpaid charges and assessments shall be paid in full and discharged. The purchaser of a Unit shall be jointly and severally liable with the selling Unit owner for all unpaid assessments against the latter for his proportionate share of the Common Expenses up to the time of recording of the conveyance, without prejudice to the purchaser's right to recover from the selling Unit owner amounts paid by the purchaser therefor; provided, however, that any such purchaser shall be entitled to a statement setting forth the amount of the unpaid assessments against the selling Unit owner within five days following a written request therefor to the Board of Directors or Managing Agent and such purchaser shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments in excess of the amount therein set forth; and provided, further, that each mortgagee who comes into possession of a Unit by virtue of foreclosure (or by deed or assignment in lieu of foreclosure) or any purchaser at a foreclosure sale, shall take the Unit free from any claims for unpaid assessments or charges against such Unit which become due or accrue prior to acquisition of title to such Unit by the mortgagee or purchaser. Section 5.03. Collection of Assessments. The Board of Directors or the Managing Agent, at the request of the Board of Directors, shall take prompt action to collect any assessments for Common Expenses due from any Unit owner which remain unpaid for more than thirty days from the due date for payment thereof. Any assessment, or installment thereof, not paid within five days after due shall accrue a late charge in such amount as a percentage of the overdue assessment or installment as the Board of Directors shall generally establish from time to time. Section 5.04. (a) Statement of Common Expenses. The Board of Directors shall promptly provide any Unit owner, contract purchaser or mortgagee so requesting the same in writing with a written statement of all unpaid assessments for Common Expenses due from the Unit owner. The Board of Directors shall not impose a charge for the preparation of such statement. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -11- (b) Statement of Default. The Board of Directors shall promptly notify any mortgagee of any Unit, upon request, of any default in the performance of the Unit owner of any obligation pursuant to the Declaration, the Bylaws and the rules and regulations, which is not cured within 60 days. Section 5.05. Insurance. (a) The Board of Directors shall obtain and maintain, to the extent available, master policies of insurance, as specified, naming the Association as insured (for the use and benefit of the Unit owners and mortgagees) as their respective interests may appear: LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 (i) Casualty or physical damage insurance on the Buildings and all other insurable improvements forming part of the Property including Units (but excluding the furniture, furnishings and other personal property of the Unit owners therein), together with the service machinery, apparatus, equipment and installations located in the Buildings, and existing for the provision of central services or for common use, in an amount not less than one hundred percent (100%) of their full replacement value (exclusive of foundations) as determined by the Directors in their judgment (and all policies shall therefore contain a replacement cost valuation endorsement, so-called or the equivalent) against (1) loss or damage by fire or other hazards covered by the extended coverage endorsement, together with coverage for the payment of Common Expenses with respect to damaged Units during the period of reconstruction, and (2) such other hazards and risks as the Directors from time to time in their discretion shall determine to be appropriate, including but not limited to, vandalism, malicious mischief, windstorm and water damage, boiler and machinery explosion or damage, and plate glass damage. Certificates of such insurance and all renewals thereof, together with proof of payment of premiums, shall be delivered by the Directors to all Unit owners and their mortgagees upon request, at least ten days prior to the expiration of the then current policies. (ii) Comprehensive public liability insurance in such amounts and forms as shall be determined by the Directors, governing the Association, the Directors, all of the Unit owners and any Managing Agent of the Property, with limits of not less than a single limit of $1,000,000 for claims for bodily injury or property damage arising out of one occurrence and a minimum of $100,000 for each occurrence and with cross liability endorsement to cover liability of any insured to other insureds. -12- (iii) Workmen's compensation and employer's liability insurance covering any employees of the Association. (iv) Such other insurance as the Directors shall determine to be appropriate and such other insurance as may from time to time be required by law. Such master policies shall contain, to the extent available and obtainable, (1) waivers of subrogation as to any claims against the Association, the Directors and their agents and employees, and against the Unit owners and their respective employees, agents and guests, (2) waivers of any defense based on the conduct of any insureds, if available at premiums reasonably satisfactory to the Board of Directors and (3) provisions to the effect that the insurer shall not be entitled to contribution as against casualty insurance which may be purchased by individual Unit owners as hereinafter permitted, if available at premiums reasonably satisfactory to the Board of Directors. (b) Separate Insurance. Each Unit owner shall have the right, at his own expense, to obtain insurance for his own Unit and for his own benefit and to obtain insurance coverage upon his personal property and for his personal liability as well as upon any improvements made by him to his Unit under coverage normally called "improvements and betterments coverage"; provided, however, that no Unit owner shall be entitled to exercise this right to acquire or maintain such insurance coverage so as to decrease the amount which the Board of Directors, on behalf of all Unit owners, may realize under any insurance policy maintained by the Board or to cause any insurance coverage maintained by the Board to be brought into contribution with insurance coverage obtained by a Unit owner. All such policies shall contain waivers of subrogation if available. No Unit owner shall obtain separate insurance policies on the Condominium except as provided in this Section. Section 5.06. Lien for Assessments. The total annual assessment of each Unit owner for Common Expenses or any special assessment of any other sum duly levied, make pursuant to the Declaration, is hereby declared to be a lien levied against the Unit of such Unit owner as provided in section 1323 of the Act. Section 5.07. Maintenance, Repair, Replacement. (a) By The Board of Directors. The Board of Directors shall be responsible for the maintenance, repair and replacement (unless, if in the opinion of not less than a majority of the Board of Directors such expense was LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -13- necessitated by the negligence, misuse or neglect of a Unit owner) of all of the Common Elements (including the Limited Common Elements), whether located inside or outside a Unit, the cost of which shall be charged to all Unit Owners as a Common Expense, and for the Association's share of the maintenance, repair and replacement of appurtenances and rights serving the Condominium. (b) By Unit Owners. Each Unit owner shall keep his Unit and its equipment, appliances and appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of his Unit. In addition, each Unit owner shall be responsible for all damage to any other Units or to the Common Elements resulting from his failure to make any of the repairs required by this Section. Each Unit Owner shall perform his responsibility in such manner as shall not unreasonably disturb or interfere with the other Unit Owners. (c) Manner of Repair and Replacement. All repairs and replacements shall be substantially similar to the original construction and installation and shall be of first-class quality. The method of approving payment vouchers for all repairs and replacements shall be determined by the Board of Directors. Section 5.08. Restrictions on Use of Units; Rules and Regulations, (a) Each Unit and the Common Elements shall be occupied and used as follows: LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 (1) No Unit shall be used for other than housing and the related common purposes for which the Property was designed. The Board of Directors may permit reasonable, temporary nonresidential uses from time to time. Nothing in these Bylaws shall be construed to prohibit the Declarant from using any Unit owned by the Declarant for promotional marketing or display purposes or from using any appropriate portion of the Common Elements for settlement of sales of Units. (2) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Condominium or any part thereof applicable for residential use without the prior written consent of the Board of. Directors. No Unit owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Condominium or any part thereof_ or which -14- LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 would be in violation of any law, regulation or administrative ruling. No waste shall be committed in the Common Elements. (3) No immoral, improper, offensive or unlawful use shall be made of the Condominium or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. All laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Condominium shall be complied with, by and at the sole expense of the Unit owner or the Board of Directors, whichever shall have the obligation to maintain or repair such portion of the Condominium, and if the latter, then the cost of such compliance shall be a Common Expense. (4) No Unit owner shall obstruct any of the Common Elements nor shall any Unit owner store anything upon any of the Common Elements (except in those areas designated for such storage by the Board of Directors) without the approval of the Board of Directors. Vehicular parking for Unit owners or occupants of Units, upon the Common Elements, may be regulated or assigned by the Board of Directors. Nothing shall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors. (5) Trailers, campers, recreational vehicles or boats may be parked on the Condominium only in parking areas designated exclusively for such purposes by the Board of. Directors. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any of the Common Elements. (6) The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited within any Unit or upon the Common Elements, except that the keeping of small, orderly domestic pets (e.g., dogs, cats or caged birds) not to exceed one per Unit without the approval of the Board of Directors, is permitted, subject to the Rules and Regulations adopted by the Board of Directors; provided, however, that such pets are not kept or maintained for commercial purposes or for breeding and provided, further, that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Property upon ten days written notice from the Board of Directors. Such pets shall not be permitted upon the Common Elements unless accompanied by an adult and unless carried or leashed. Any -15- Unit owner who keeps or maintains any pet upon any portion of the Property shall be deemed to have indemnified and agreed to hold the Condominium, each Unit owner and the Declarant free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium. All pets shall be registered with the Board of Directors and shall otherwise be registered and innoculated as required by law. (7) Except for such signs as may be posted by he Declarant for promotional or marketing purposes, no signs of any character shall be erected, posted or displayed upon, in, from or about any Unit or Common Elements by any Directors Unit owner without the prior written approval of the Board of Directors. (b) Each Unit and the Common Elements shall be occupied and used in compliance with the Rules and Regulations which may be promulgated and amended by the Board of Directors. Copies of the Rules and Regulations shall be furnished by the Board of Directors to each Unit owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be furnished to each Unit owner upon request. ARTICLE VI Miscellaneous Section 6.01. Amendment. These Bylaws may be amended by vote of at least 67 percent, by number, of the votes of the members. Section 6.02. Notices. All notices, demands, bills, statements ,or other communications shall be in writing and shall be deemed to have been duly given if delivered personally or if sent postage prepaid (i) if to a Unit owner, at the address which the Unit owner shall designate in writing and file with the Secretary or, if no such address is designated, at the address of the Unit of such Unit owner, or (ii) if to the Association or the Board of the principal office of the Association or at such other address as shall be designated in writing to the Unit owners pursuant to this Section. Section 6.03. 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 Bylaws or the intent of any provision thereof. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -16- Section 6.04. Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires. IN WITNESS WHEREOF, the Declarant has caused these Bylaws to be executed and attested by a general partner and authorized agent on behalf of the Association, this day of , 1982. WITNESSES: LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 WATERSIDE AT SHELBURNE BAY ASSOCIATION BY -17- e WATERSIDE AT SHELBURNE BAY Building_ Unit No. No. Valuation 1 1 2 3 4 5 6 7 8 2 9 10 11 12 13 14 15 16 3 17 18 19 2.0 21 22. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 Common Element Interest i 44 45 46 47 48 6 Bldgs. 48 Units S 1000 LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -19- SPOKES,FOLEY & OBUCHOWSKI \ ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE POST OFFICE BOX 986 BURLINGTON, VERMONT 05402 RICHARD A. SPOKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL (802) 862-6451 (802)863-2857 June 25, 1982 ISAAC N. P. STOKES COUNSEL Mr. David Spitz City Planner 575 Dorset Street South Burlington, Vermont 05401 Re: The Landings Dear David: Enclosed please find a new partial discharge relating to The Landings. You may record this. Ve Ri RAS:mil Enclosure r ruly ours, ch d A. pokes ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL June 23, 1982 Mr. David Spitz City Planner 575 Dorset Street South Burlington, Vermont 05401 Re: The Landings Dear David: (S02) 862-6451 (802) 863-26S7 ISAAC N. P. STOKES COUNSEL I enclose various executed documents in regard to The Landings development. I would recommend that you proceed with the re- cording of the Agreement and Waiver, the three Offers of Dedica- tion and the Partial Discharge relating to the street. Please note that the Agreement and Waiver and the three Offers must be properly executed by Bill Szymanski as agent for the City. I would recommend you retain for the time being the Partial Discharge relating to the easements. As you can see by the en- closed copy of my letter to Mr. Lisman the partial must be modified to also release the sewerline easements. You should also retain the Warranty Deed for the street, the Warranty Deed conveying the pedestrian easement and the utility easement until such time as the City Council accepts the relevant dedications. Very kfuly, yourss Ric r Spokes RAS:mil Enclosures SI'OK ES , FOLIrY & ®BUCHOWSKI ATTORNEYS A -) LAW 184 SOUTH WIN005KI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL Carl Lisman, Esq. Lisman & Lisman P. 0. Box 728 Burlington, Vermont 05402 June 23, 1982 Re: South Burlington - The Landings Dear Carl: (802) 882-6451 (802) S03-2857 ISAAC N. P. STOKES COUNSEL Thank you for your letter of June 17, 1982 with enclosures. There are still a couple of minor items which need remedying. Your par- tial discharge for the easements does not include a release of the sewerline easement. You will note that the easement you drafted referred to both water and sewerlines, and your partial discharge should do the same. You also have a sentence in the easement partial discharge granting Jerry and his successors the right to regulate the time of use and the conduct of those using the pedestrian easement. The pedestrian easement deed does not con- tain this reservation of right. Finally, your letter to me indicates that, to your knowledge, nothing has been recorded in the land records since the date of your initial title opinion. Will you please verify that "to your knowledge" is based upon a supplemental title search. Obviously, the City wishes to know the status of title at the time the various instruments are recorded. Thank you for your cooperation and assistance. Very truly yours, Richard A. Spokes RAS:mil cc: David Spitz City Planner SPOKES, FOLEY & O BiTCHOWSKI ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOx 986 BURLINGTON, VERMONT 05402 RICHARD A. SPOKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL June 1, 1982 Carl Lisman, Esq. Lisman & Lisman P. O. Box 728 Burlington, Vermont. 05402 Re: The Landings (802) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL Dear Carl: I have reviewed the material you sent me by letter dated May 26, 1982. We still need the following: 1. A partial discharge for the utility easements and pedestrian easement. 2. An Exhibit A for each of the Offers. 3. Jerry's social security number for the Vermont Property Transfer Returns. 4. An appropriate response to numbers 1 and 2 contained in my letter to you of May 20, 1982. As soon as the above is received by me, I will transmit the documents to the City. CVA R RAS:mi1 cc: David Spitz City Planner SPOKES, FOLEY & OBUCHOWSKI ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 SURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAM ES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL May 20, 1982 Carl H. Lisman, Esq. Lisman & Lisman P. 0. Box 728 Burlington, Vermont 05402 Re: The Landings Dear Carl: (802) 862-6451 (SO2) 863-2657 ISAAC N. P. STOKES COUNSEL I have reviewed the documents you sent to me by letter dated May 10, 1982, along with the Price and Eckhardt deeds you sent to me by letter dated May 14, 1982. I see no problems with your proposed documents, other than the following: 1. The Eckhardt to Milot deed includes the obligation to install and maintain a green barrier. The Milot deed to the City should indicate that Milot and his heirs and assigns are continuing to be responsible for this obligation. 2. The Eckardt to Milot deed refers to a driveway right of way benefiting the Harry Ambrose property. I assume this does not affect the lands being conveyed to the City, but would you please verify such conclusion in writing. 3. The title certificate you will be submitting should include a statement that there is nothing in the Land Records precluding the City from using those lands for street or highway purposes. I look forward to receiving those documents referred to in my letter to you of May 10, 1982. very,,, truly Richar A. RAS:mi1 cc: Mr. David Spitz urs,, SPOKES,FOLEY & OBUCHOW SKI ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE POST OFFICE BOX 986 BURLINGTON, VERMONT 05402 RICHARD A. SPOKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL Mr. David Spitz City Planner 575 Dorset Street South Burlington, VT 05401 Re: The Landings Dear David: (802)862-6451 (802)863-2857 ISAAC N. P. STOKES March 19, 1982 COUNSEL I received revised documents from Carl Lisman on March 18, 1982. These documents are in acceptable form with the exception of the description of the roadway. I have advised Mr. Lisman to correct the errors and submit a new proposed deed. He also must submit a certificate of title. Very truly ,oars, Richard A. Spokes RAS:mil SpoKEs, FoLEX & ®]B] cHowsKi ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 06402 RICHARD A. SPOKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZ.EL March 19, 1982 Carl Lisman, Esq. 191 College Street Burlington, Vermont 05401 Re: The Landings Dear Carl: (002) 862-6451 (80$1 8453-2857 ISAAC N. P. STOKES COUNSEL The documents I received on March 18, 1982 are acceptable with the exception of the roadway deed. I believe if you reread the deed you will find that the bearings are faulty. Before we can approve the form of the legal documents for this project, we will need a new draft of the roadway deed setting forth the correct metes and bounds description. We will also need a certificate of title in the format acceptable to local lending institutions. Please call me if you have any questions.,,,- — Very truly yours, o Ric ai d-Spokes . RAS:mi1 \ cc: Mr. David Spitz LISMAN & LISMAN ATTORNEYS AT LAW 191 COLLEGE STREET BURLINGTON. VERMONT 05402 BERNARD LISMAN March 16, 1982 LOUIS COUNSEL LI MAN ROBERT E. MANCHESTER CARL H. LISMAN - ALLEN D. WEBSTER 802-864-5756 JEROME F. O'NEILL ' Richard A. Spokes, Esq. Spokes, Foley & Obuchowski 184 South Winooski Avenue, P.O. 986 Burlington, VT 05402. The Landings Dear Mr. Spokes: In connection with this project, we have now received forms of documentation from David Spitz, as well as your letter, dated March 1, 1982. In that regard, we enclose a copy of the following documents: (a) Agreement and Waiver, modified to reflect your comments; (b) Offer of Dedication, Pedestrian Easement and Transfer Return, deleting the language previously thought to be unsatisfactory; (c) Offer of Dedication, Utility Easement and Transfer Return, all relating to water and sewer easements; and (d) Offer of Dedication, Warranty Deed and Transfer Return, all relating to the roadway. We are currently undertaking an examination of the Land Records and will submit a certificate of title with respect thereto, in such form as may be provided to us. I had always understood( ly municipality can abandon a portion of a highw I n e ent, I will further discuss this matter with Stev Page r suggestion. p Ver tr ly furs, Carl H. Lis CHL/ddp Enclosures cc David Spitz, City Planner Traffic Evaluation - South Beach Condominiums South Burlington, Vermont Existing Traffic Volumes - Bartlett's Bay Road Counts of traffic volume and turning movements at the intersection of Bartlett's Bay Road and Shelburne Road have been conducted by the Vermont Agency of Transportation on August 25, 1981, (8:00 a.m. - 2:00 p.m.). Additional traffic counts were conducted by Fitzpatrick -Llewellyn Associates on December 3, 1981, (4:00 - 5:00) and December 7, 1981, (4:00 - 5:00). The results of these traffic counts are outlined below: 1) The Vermont Agency of Transportation traffic counts observed two periods of peak traffic volume on Bartlett's Bay Road; a noon peak (12:00 - 1:00 p.m.) and a p.m. peak (4:00 - 5:00 p.m.). The p.m. peak was the highest, with 110 vehicles per hour (vph) traveling eastbound and 67 vph traveling westbound on Bartlett Bay Road. 2) The two traffic counts conducted by FitzPatrick-Llewellyn Associates observed lower volumes of traffic on Bartlett's Bay Road during the p.m. peak hour than did the Agency of Transportation. This can be attributed to seasonal factors, particularly the presence of summer residences in this area. Both traffic counts observed no fully loaded cycles on the Bartlett's Bay Road approach. The capacity of this approach cannot be precisely calculated due to the type of traffic signal at this intersection (automatic signal with variable cycle length) its capacity can be estimated, however, to be in the range of 150 vph - 300 vph depending on traffic conditions. 3) Approximately 75-800 of the existing traffic on Bartlett's Bay Road during peak periods is generated by the cam ercial establishments east of the railroad crossing. Expanding. the Agency of Transportation traffic counts to an average daily traffic volume (ADT) results in an estimated ADT of 2,350 vehicles per day at the intersection. The estimated existing ADT of Bartlett Bay Road at the railroad crossing is 500 vehicles per day. Projected Traffic Volumes - Bartlett's Bay Road Based on the trip generation rates presented in the ITE Information Report - Trip Generation, 1979 the projected additional traffic resulting from the proposed South Beach Condominiums is: Trip Ends Entering Exiting A.M. Peak Hour 5 24 P.M. Peak Hour 19 10 ADT 245 FITZPATRICK-LLEWELLYN ASSOCIATES Engineering and Planning Services The attached turning movement diagram shows the existing and projected traffic volumes at the Shelburne Road and Bartlett Bay Road intersection during the p.m. peak hour. The existing traffic volumes shown are from the Agency of Transportation traffic count. It is projected that South Beach Condominiums will increase the volume of southbound traffic on Shelburne Road by 1.5% during the p.m. peak hour. A similar increase is projected for northbound traffic during the a.m. peak hour. The projected increase of eastbound traffic at the Shelburne Road - Bartlett's Bay Road intersection during the p.m. peak hour is 90. The average delays experienced by traffic utilizing this approach during peak hours will not be unduly increased. FITZPATRICK-LLEWELLYN ASSOCIATES Engineering and Planning Services FITZPATRICK-LLEWELLYN ASSOCIATES Engineering and Planning Services JOB :SoUIN _J�AC"q Co' ��vilt✓h-S _�jENO._.gI43 PREPARED BY _ _R`J� DATE _2V CHECKED SUBJECT /RdQ F"Fl c UO LLAMCS - Ei'15DA1G i PROJa CJ ,Rm.,a.< louK -_-SHEET ! OF ' ONE IN IN M M on MEN No IN INS I ME II I MmIll ME IN M 0 OMEN ME 11 MINE I IN 0 IS e 0 No MM ME ME ME ME is NEESE INS Ion Po smoom 5 Mull NEES M Iso SEE NS 01, 1 moll I on 0 No" HIM MMIII RON 0 OMNI 0 MEMNON EMMONS OEM MMME oil OMEN MIEN om loll mom MEMO ME Now smsm- SOMME 0 a I NONE son mom 0 mom IS 1 SEE ISri 11111111111111101 NONE IMS N IMMUNE mmom MEN sm ON Evaluation of Bartlett's Bay Road Railroad Crossing South Burlington, Vermont All traffic generated by South Beach Condominiums will utilize an existing at -grade railroad crossing on Bartlett's Bay Road approximately 750' west of Shelburne Road. This railroad crossing is owned by the State of Vermont Agency of Transportation and operated by the Vermont Railway, Inc. The protection at this railroad crossing currently is a pair of reflectorized crossbuck signs. Contact was made with Mr. Ronald Tofani, Rail -Highway Crossing Program Manager with the Agency of Transportation (828-2181) to determine what standards or warrants exist for providing automatic warning signals at at - grade railroad crossings. There are no such standards which have been adopted, however, Mr. Tofani administers a program which evaluates at -grade railroad crossings in Vermont and prioritizes them for upgrading and installation of automatic warning signals. The Bartlett's Bay Road railroad crossing has been only superficially evaluated by the Agency of Transportation because there had not been any accidents within eight (8) years of the evaluation date (January 10, 1980). A detailed evaluation of an at -grade railroad crossing typically assesses the following characteristics which affect the safety of motorists using the crossing. After each characteristic, the actual characteristics of the Bartlett Bay Road crossing are given: a) Accident History: The accident history of a railroad crossing is an important indicator of the safety of the crossing. The South Burlington Police Department was contacted to ascertain the accident history of this crossing. Their records show that no accidents have occur ed in the past twenty (20) years. b) Daily Volume & Speed of Trains: Mr. John Pennington, of the Vermont Railway, Inc. was contacted to verify the operations of the railroad. Currently four (4) freight trains per day pass through this crossing at speeds up to 40 m.p.h. Their daily operating schedule is irregular. c) Daily Volume & Speed of Auto Traffic: The estimated average daily traffic volume using this crossing at the present time is 500 v.p.d. The projected additional daily traffic volume generated by South Beach Condominiums is 245 v.p.d. The posted speed limit of Bartlett's Bay Road is 35 nph. FITZPATRICK-LLEWELLYN ASSOCIATES Engineering and Planning Services d) Corner Sight Angle: Sufficient corner sight angles should be provided in all four quadrants to allow vehicular traffic to safely stop upon sighting an approaching train. The minimum stopping sight distance at a vehicular speed of 35 mph is 225 feet. At a maximum train spec of 40 mph and a railroad/highway crossing angle 80 -100 , the minimum desirable corner sight angle measured from a point 225 feet from the crossing is 65 . The Bartlett's Bay Road crossing provides adequate corner sight distance in all quadrants with the exception of the northwest quadrant. In this quadrant, the sight angle is limited by a structure at the Bartlett's Bay Wastewater Treatment Plant such that the maximum safe vehicular speed of eastbound traffic is 20 mph. e) Road Grade: The grade (or slope) of the road approaching the crossing affects the minimum stopping sight distance, particularly during slippery conditions. Bartlett's Bay Road does not present any problems with adverse grades. f) Number of Trucks Carring Hazardous Materials and School Buses Which Use the Crossing: Currently, there are six school bus crossings per day (A.M. - 2, Midday - 2, and P.M. - 2). The projected increase in the school population resulting from South Beach Condominiums is 20 children. It is anticipated that additional school bus crossings will not be required to accomodate the increased school population from this area. The volume of trucks which carry hazardous materials will not be increased by South Beach Condominiums. In conclusion, the Bartlett's Bay Road railroad crossing has a history of being a safe at -grade crossing. Based on the characteristics of this crossing, as outlined above, the installation of automatic warning signals is not warranted solely by the increased daily traffic volume which will be generated by South Beach Condominiums. It is reconnmded that the existing problem of inadequate corner sight angle in the northwest quadrant of this crossing be corrected by lowering the posted speed limit on Bartett Bay Road and/or installing stop signs at the crossing for eastbound vehicular traffic. FITZPATRICK-LLEWE LLYN ASSOCIATES Engineering and Planning Services STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 111 West Street Essex Junction, Vermont 05452 Phone: 879-6563 March 30, 1983 Frances D. Nesti, M.D. 2714 Pine Haven Shore Shelburne, Vermont 05482 Dear Mrs. Nesti: Re: Amendment Application #4CO518-1 Lakelands/Milot South Burlington The Commission has reviewed your letter of March 26, 1983, detailing your objections to the proposed extension of the construction completion date on the project known as The Landings. The Commission notes that the construction of a permanent platform and stairs within the conservation zone and on the shoreline and the deposition of trash on your property may be violations of the Land Use Permit and Findinqs of Fact. Therefore, I have referred these items to our Environmental Inspector for investigation. The Findings of Fact note the original discussion regarding the installation of a fence along the boundary line. The Commission found that construction, including the construction of fences, is prohibited in a con- servation district. The Commission notes that no appeal or request for reconsideration was filed after the issuance of the Land Use Permit. Prior to reopening the permit under criterion 8 the Commission will require that you submit new information not considered in the original application or show that conditions have substantially changed since the original application so that the granting of an extension to the construction completion would have an undue adverse effect. The Commission will require that you file such a submission by April 8, 1983. If no response is filed the Commission will issue an amendment granting the extension to the construction completion date. Please feel free to call with any questions you may have. Sincerel , Katherine M. Powers District #4 Coordinator KMP:ee cc: All Parties James Dodge Sa* Ake Zia,� 14 Zp-zL ArMr6-: �t xw axe./ ✓ �o�o�,Xo.�,� -ate 44'Vn fly 13 l Ana¢gym,e : U,�k , PeAdAd r 7 — 4 i,►�nie ^� U "Via awe ono 30 ( ) -� Amt6 2 VjAt ya :oo f bu i N u►�L�wGiU�J V GrQryw.�j I=XLSIING YRAr-O - c UL mcs /3N>Q71.CTT S �i ovCrr�GN�S fa) THC / E►QSCCi1U �F /��ilCit S,J/iY �� _ _c NcL3uy��vcy_ I,�Ayc --.n! clJ�l��cC�CJ l3Y 1NC — _ _ Oi'_ IP,A VS-Pb TA i (Ii A, Y11_(_�C._�P ck-) lR /R ►R8 FF lc cour.,rs wC- RG Cvr,)Dt(Cie--,,) 1 i ZPA i r21GK_-_C.Lw� LLy Lv ?��--- 'UU A ^") ��Ccm �G✓� . % I �l8 I ' �y;yy - S:W min: _ ANC REst,ILiS c�F `INCSE.` 1YQpF tc couA)j-s � - h)QC 6U►Lli� � _ wy,�2►nOr1f �aGCNCy d F I I�15p�Q 11111b .) _� qA FF1 G CUU �,S - A ,Dti C:Z l (gAFFic -- o UO LU rYl 0 )RAFFIc-1)4 I%1. PEAS tl�u►2 4 �t Aram/ VQ TNC`�vS �f /�/ exIjgA+y e) iAiy'l(,). INls /I/\) } SCASar.)A L F'A(:::C)y PAYR ?c(AZA✓R t y _I hI C f��c.Sc wc�e F -SL4 j71 mCY-L- Res I c- iiCC5 �hf�_A1'�c�� Oi1-t�i.�AFFtc cUuNiS C�r��c,'.�1/G5� --_—NO LoAnC�D C I/ Cl.0 S Ord f J C �l�ia 1 LC l ll j , �` AAlac� cam. JNE �/�?ACI T Yy-r ► WIS ASS?Pc)Acw = �i�ccrsc>_y1 --- -- -- C� ��.v'- L_cu�piC-57. TIC SLGNA L _ AT TR I S Itil C�sc-�1 �A1.(`+(�►Y►r�i l c _ _ Leas /. T1-4 -- - - _ ,-1�. •- �.�! _. 8o % v - �--� / J7UIQI�G 'PEW1< '��t.ILS�S Is Y 7J�IGCornrYtE/QClAL ESIr�13LISNn'?- E/v C/JST OF- _ _ iNc ✓ --- '?A I L'RCl/%�� c 1Q0S�' �_nlG . XT'A/�1J "G _ AGcN)r-y of �IIeAr\P3nv4-)A tdrJ In/ A- EST) o nick-- or -- � 5y ✓C� S E �� Ay �1 fi�c.._ _ A,T�--- _1 �20g� c>wss �a ---_ --- �-- -- _--__l S��1 /I"14U�CC►G9._ )RAF IcY� i Lc � i �S S-Cif oN i JJC _. I►S�C�iE n>� 1►U --- -2A1 CS—��ESC-v�i1C - - - - rlv ilaCc�✓�w,A7�r�n�AL �'��Qi T►eip 65'rve ATly,.�T I`�7 ----- I J�'PRo�Cci G�T/a1��lUN%�l� i✓�� FIG 7�cs�4T�rv� F►QOy ._ r►� _�n�S�� S�t�_ GIB GQiv9U�1�/VIi.�/i1S IS ; --- •, C�yic�Q►►•iG , EX�7JnX, R 0 R� N�------- -- �Y'UJG�C� ► �FF'!c VOL4tYY1cS �� _�.E�C----..�LCl,3ur2n/c —� � �p" 'DuawC, _ �. Jryl, nEn - ra�u►� .' _ - �IiG [klSflNSz_ _� 'EricvOLJA 1 - 1 rl�,� 1)4 iFlc l -_i_�?Y1VJCcTC70�Ula /1�('JIRIIIUU/V17 1XlAFFIG glern/ 111G _ It k —_ __1.rJ�sC- n 70 11lS No Text No Text ry C=VHLt,il9�1vN OF ?A AT LCTT�S 2 A y �oA S) Ad .-._.ter ___�_-:____________•)Oc.�il_�-iJIA(uZ�nJGTC)� VG�Qv�nUNt' A Ll i1�A,>= Ic CivEl2 A 1�GD $Y__ �Q&CI IJ ScAC H COA)Dum )1v?OMS — wit,----ull L► C--�j1nl CX►�LJAJ � _ /)9c AILRJ>�� O Zqy'RD Ai' kOY, 760 wsor, _iy l �_ RAIL —c4QOSS]NG I'S Uw�v� RV T NE _ Jl Ia1G Of ST-'r)A141 ►o.J ANJ 1/ J r�YY�UryirJ>�at1�.____1►vc. N ►S Za tL2,(�r�� Cy�c)�s �N _ C,(A►3RcnT>_yLS f�..!�� - C2 F --- cK S 16NS a G(\%iACI WOS�lYtrS�E L.JCTIA Mp, NALD jo tvI AIL - - U� 1a/JNS,�O i %1vni. 1c cTc--,Qtic__—wil%gT `flN�t3�2as a.re W Y2RArv�S CX1 �_— � 'PRO VI0)/VG SIGNr�L,.__ 6-1 fjkADE 'RA)LRO/ 5)---- - c:►�ua ► � _ /NG>Qc %1�SIG 1V_G _,v suGN I `T> A/DALkJS Now -vE�q, Jo l Ulei_lj_ i JG r `i_ d l ; . _.LIFA g M, 4c,�J;LLnT1()N _Ur" _ lJ LfTI_J✓YI %� --I. r�r�NdN�_-. s��W/14 ,. ° /NG � ART) L:G iT�3 t� lC��c►Q_ I-1�3�j� ca=- %e�Ns,.;,� 'Jc� Esc -- --- .c-c,_✓, nfvy DATE —G _b++Fs - •--- - �'�")�_�'v_--�/e,!�L3s 0F TNC CJA_J_u A�I AnJtAAAII i A_` ►a t uc9 —TS,1 u� ►'o"�---_v_�AIIJ PT )9,l)C 1 ).l.' CI<ZQS Ini�. I`,pl�iI_Hc_^.E0LLOVJ)I)G C_MraPACI ICS as I i 1,►G - iNG0 A — �.LrJ]Q)JC%G►21� .IcS--- -T)l E BAY 'TT�']]1 C 4vSs )NG - �v-___ f., L )s o — -----------�� A.__ 'F2 r�, � �'R� �i � C�J-�5 � n��G I S A nv L� �?U►�TA N i �, _ or Tijc - -- --_.�_ ! 1�I C. _�U 1.1 - -►�_l l!1,'G l 0,y �C� l l Gam__ GAS - --1).Sc P Gli►n/ TNG ACCCOCN i - - _.�.__._.� ►JU_ r_--_L��1__.___--_L�1v �OuiU -TRAln 4CC)DCA �; NAUC, C 6F_ Q , f P &)je Zi4lj NN1L11.�� UnJ OF TN C- VC�qYYt UnIT A 1�1N„L T1� � 1..1r95 OT'ArPATOA)s UF' - PL'a moray PASS WOLAG la TN IS CRQ ►NG F� t S'f'C-G S .�- 'JA1l.Y�'�.1Q►iT11VC� LA — ►1-YI ATc •D i;1 V-C- 9 -__- 124)_.ly —,1.1AFF) (. VOL a i/YG , `� -- G(S�ri� ► N) S c►BC�„ ./�__ia) 1),1G T'KC sGvT )mE 1 S 29) T10 v I t�i� ll✓y s> f - ►,� ALL roLAP, au(IaR(AN7s ----Ot LlsL %O A ll_0w VjlCLkLA A -IAA r- i.1'PQ1jlyvc /in1 /�T�1?% f�f�Cl-�►ic, —_� _ —,+ ►�1N .__._._ 1aC: r�rl ��v►�r► n• `SivPA)!vG '-IUuT— V)Ss 07 _ _ lspcMa 01" LI O m v) i 4 vZ A• v }— - Ll J� �L2�L lrr�l a ►� G0Y-LN C6% a,GI1l__PANGL ml.CsT i3e� 7ax2C1V)�Ei� � , A_'_. Pa 1� __ __ 3_^FCC' i F�gUv►� TIJ� c�eys "��v4 ISa' ----- --✓�n��ns-----�.rz _P�3ov_I..'�.��t1c�u� ►4 cszr�!��s1s�;t1'��s A_ -- .Tq 1Zo ra G�>, C ------ 2oAa__ra�?n�rvc�a�I�Lq- !Rc- cLqDss,vC, ALE02, -15 7tJC _ _—_ _ PA>Qilcu�/i);�y !Yt IN►mu>� SiUAT')n/ v S )G NT a%iS i N/VcG �-A 9unwrs �� ►! 1.0�,--__ i >_Gt�''S 'BAY 'I�RCscrvi'-Y\s l�Is�-5—rvP QC KS carz�vl�G _----- -- -- CIi USE -mc- i F _CLAR-"�CNi. -r---1�G►!�E.. L? � v Ix �c��aut. ?3US^ _�-IQQ_5S)NGS TDC-yq, 'D `JVct�C- sc IN 1IdC_ SC/dQU�—'J:lIPULAT*)&\/ (AM S /S +/J9D1TIUA.)A,, �cctuit Ty Accomua�)c _ %/J_C- JI1/C✓ZC� SGI,IDdC. PUPU ld� iQ Yv`- IlVIT r I LLS WILD rv.) 7 sac INC!?E c� `RAIL-RoAD -- -- aF _ 3 - v A AFE i HC- �f >QcTieGTlon� �J�� aea tiY — 1Y)AT 1G lyAAMn/V --- G�3Qs451+�C p�G NY�t__�-TN_Ai- 1-hNC�_L��_� �l�r�� t Unl� � oF" , . c /�u i �mA S►GNAL_:_1S.-�_A'w�343L��v_�T,S�v_a-L� $✓.•, )JG �J -r)JC._—v4i0l 7-RAFFI G VJLu1n E T3 Sc�ullJ -�---------�C.YJ��!_ COn004OVY1 Jv1 c/(r77 S, -- STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 MEMORANDUM TO: All Parties FROM: Katherine M. Powers, Coordinator For the District #4 Commission SUBJECT: Application #4C0503 South Burlington Realty Corporation Corporate Circle South Burlington, Vermont 05401 DATE: December 7, 1981 The hearing on this application will reconvene at 1:00 p.m., Wednesday, December 30, 1981 at the Chittenden County Regional Planning Commission office at 58 Pearl Street, Essex Junction, Vermont. Please call with any questions you may have regarding this application. Lei Je