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HomeMy WebLinkAboutBATCH 6 - Supplemental - 1600 Spear Street?1 CITY CLERK'S OFFICE s_,_Pived Feb 11=2}]11 '1''2`F 3 .a Or SO. i.-url!n9ton Land f'erordc. A test £Orn� kirville cler , WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS; THAT We, IBIS CORPORATION, a Virginia Corporation with office and principal place of business in Herndon, County of Fairfax, State of Virginia, and CHITTENDEN TRUST COMPANY, Executor of the Estate of Aurora W. Nowland and HELEN N. GAGNON and MARIE N. UNDERWOOD, of South Burlington, in the County of Chittenden, and State of Vermont, GRANTORS, in the consideration of TEN AND MORE DOLLARS paid to their full satisfaction by CITY OF SOUTH BURLINGTON, a Vermont municipality, GRANTEE, by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said GRANTEE, CITY Z OF SOUTH BURLINGTON, and its successors and assigns forever, q— J 3 a certain piece of land in the City of South Burlington, in ` the County of Chittenden and State of Vermont, described as follows, viz: 3Q The interests of all the Grantors herein in and to a certain strip of land having a frontage on the east side of Spear Street and a uniform width of 80 feet that runs easterly from Spear Street for a distance of 397 feet, more or less. This strip of land is located so as to be an extension of 'Deerfield Way" and the northwesterly corner of said right of way as it intersections with the easterly line of Spear Street is 48.86 south of the northwest corner of a parcel of land conveyed by Helen Gagnon, Marie Underwood and the Chittenden Trust Company as Executor of the Estate of Aurora W. Nowland to IBIS Corporation by two deeds of approximate even date. The herein Grantors join together in this conveyance to convey to the City of South Burlington the entire fee title in and to said strip of land that has a uniform width of 80 feet and runs easterly from Spear Street approximately 397 feet. This conveyance is for street purposes and the warranties herein are only to the extent of the interest of the herein Grantors in and to said strip of land. Chittenden Trust Company executes this deed as Executor of the Estate of Aurora W. Nowland and this deed is to act only as an Executor's Deed for the Chittenden Trust Company for the interest of the late Aurora W. Nowland in said strip of land but as a Warranty Deed to the other Grantors but only to the extent of their various interests. The four Grantors herein have a title to all of the interests in said strip of land. Reference is hereby made to the herein conveyed parcel as it is shown on a Plan of Land entitled "Land To Be Conveyed to LATHAM,EASTMAN, IBIS Corporation, South Burlington, Vermont", G. E. Bedard, 3CHWEYER & TETZLAFF Inc., Hinesburg, VT., dated December 18, 1986, revised July ATTORNEYS 27, 1988, and recorded in Volume gSQ , Page _?17 of the 308 MAIN STREET Land Records of the City of South Burlington. P.O. BOX 568 BURLINGTON, VERMONT 05402-0568 - 1 - g �0a o 1293t a V a 994 PG: 22 LATHAM. EASTMAN, 3CHWEYER & TETZLAFF ATTORNEYS 308 MAIN STREET P.O. BOX 568 BURLINGTON. VERMONT 05402-0568 Reference is hereby made to the above instruments, the records thereof and the references therein made in aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said GRANTEE, CITY OF SOUTH BURLINGTON,its successors and assigns, to its own use and behoof forever; and we the said GRANTORS, IBIS CORPORATION, CHITTENDEN TRUST COMPANY and HELEN N. GAGNON and MARIE N. UNDERWOOD, for 7selves and our heirs, executors and administrator , successors and assigns, do covenant with the said GRANTEE, CITY OF SOUTH BURLINGTON, its successors and assigns, that until the ensealing of these presents, we are/the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; EXCEPT as above stated. And we do hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, EXCEPT as above stated. IN WITNESS WHEREOF, We hereunto set our hands and seals this day of _/�-�, ��, ��988 . In Presence of: IBIS CORPORA N �cuL •I Duly Aut rized Agent CHITTENDEN TRUST COMPANY, Executor of the Estate of Auro 'a, W . Nowl, n B Y. Cheryl rzych, Trust Officer k—"' Helen N. Gagnon r r Marie N. Underwood CHITTENDEN COUNTY, SS. At I)OUt r.,- d this ?is day of S' -ii r -- , 1988, FA6 �yJlIL 3l { / f ' i D 4vr i , Duly Authorized Agent, personally appeared and he/she acknowledged this instrument by her/him sealed and subscribed to be his/her free act and deed and the free act - 2 - 0- 00129 80 V = 994 PG: 23 and deed of IBIS Corporation. Before me, ` Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington this -2- day of , 1988, Cheryl Parzych, Trust Officer, personalily appeared and she acknowledged this instrument by her sealed and subscribed to be her free act and deed and the free act and deed of the Chittenden Trust Company. Before me, -- Notary P 'lic 71 STATE OF VERMONT CHITTENDEN COUNTY, SS. At ,3a� f/�' �V' this 2Z60 day of 5&7ifilSEX , 1988, Helen N. Gagnon personally appeared and she acknowledged this instrum nt by her sealed and subscribed to be her free ac a degd' Before me, " f Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At )909(44!WA� this 2-y1.q day of 3? P7" TAW-b-, — 1988, Marie N. Underwood personally appeared and she acknowledged th's instrument by her sealed and subscribed to be �fjxee aA� deed. Before me, �" ✓x�r%� Notary Public BFSREAL\ROW2.WD Vermont Praaerc_-- Trans er Tax: 32 V-S.A- Chap 231 -AC NOW'L=DGENENT- RETURN REC T-TAX PAM BOARD OF HEALTH CERT. R'EC' VT LAND USE " DEKLOPtIrNT FLAME ACT, C:E6'T, REC:'C! Return NL-- ._----------------------- G'cnn le C;L4 flea Dace Feb 1172Q11 LATHAM,EASTMAN, 3CHWEYER & TETZLAFF ATTORNEYS 308 MAIN STREET P.O. BOX 568 BURLINGTON, VERMONT END OF ® Is 1A U ENT 05402-5402-0568 - 3 - rJ04h,* win 41�"%�W southb rlutu PLANNING & ZONING MEMORANDUM TO: Denis Gravelin, Acting City Manager FROM: Raymond J. Belair, Administrative Officer DATE: May 6, 2010 0 RE: Street Acceptance — Vale Drive, Dorey Road, and Nowland Farm Road The City has been requested to accept the remaining streets within the Pinnacle at Spear Development that have yet to be accepted. These streets include Vale Drive, a portion of Nowland Farm Road and a portion of Dorey Road (see attached plan). The Director of Public Works and the Water Superintendent have inspected the streets and the infrastructure and have given their approval for acceptance. In addition, the City Attorney has checked for title defects on the property and found none. Therefore, please request the City Council to accept the above referenced streets. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com STREET ACCEPTANCE CHECK LIST STREET NAME(S): UAo-, PoAT14 v\ � �d FAA hi XIJ REQUEST RECEIVED ON "AS-BUILTS" RECEIVED ON: "AS-BUILTS" APPROVED BY CITY ENGINEER: "AS-BUILTS" DISTRIBUTED TO PUBLIC WORKS DIR: 7 �Q "AS-BUILTS" DISTRIBUTED TO WATER SUPER: TWO (2) YEAR MAINT. BOND RECEIVED ON: PUBLIC WORKS DIRECTOR ACCEPTANCE: 1��v� WATER SUPERINTENDENT ACCEPTANCE. - LEGAL DOCS APPROVED ON: CITY COUNCIL REQUESTED TO ACCEPT STREETS: CITY COUNCIL ACCEPTED STREETS ON: DEED RECORDED AT: qqv/ Page 1 of 1 ray From: Jay Nadeau oayn@cwd-h2o.org] Sent: Monday, April 26, 2010 9:11 AM To: ray Subject: Vale Dr Ray - The Vale Drive As-Builts are acceptable to the water department. Thanks. Jay Nadeau SBWD Superintendent 403 Queen City Park Road South Burlington, VT 05403 w) 864-7454 x 120 f) 864-0435 4/27/2010 Page 1 of 1 ray From: Bruce Hoar Sent: Wednesday, August 26, 2009 3:09 PM To: ray Subject: RE: Vale Dr. Acceptance Only if you have an agreement on the sewer issue. Bruce K. Hoar Director South Burlington Public Works 575 Dorset Street South Burlington, VT 05403 802-658-7961 bhoar@sburl.c_om_ From: ray Sent: Wednesday, August 26, 2009 1:13 PM To: Jay Nadeau; Bruce Hoar Subject: Vale Dr. Acceptance Hi Jay & Bruce, Are you all set with Vale Dr.? I can't find anything from either one of you that everything is OK. Ray Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Ph: 802.846.4106 Fax: 802.846.4101 rbelair@sburl.com www.sburl.com 4/28/2010 VALE DRIVE- FINAL INSPECTION South Burlington Water Department April 17, 2009 Revised March 24, 2010 As- Builts prepared by Llewellyn -Howley, Inc. • Show line size on Nowland Farm Road- 12". • No gate valve or curb stop tie information (Note: this was not a requirement of this department when this project was constructed.) • Valve at end of line on Nowland Farm is last valve before pipe dead end. Dead end symbol should be shown. Valve is east of last hydrant. • Lot #74- water main line gate valve not shown on As-Builts. • Cul-de-sac: main line gate valve at end of dead-end pipe not shown. VALE DRIVE- FINAL INSPECTION South Burlington Water Department April 17, 2009 u_ e e lyn-Howley1_ • Show line size on Nowland Farm Road- 12". • No gate vale or curb stop tie information (Note: this was not a requirement of this department when this project was constructed.) • Valve at end of line on Nowland Farm is last valve before pipe dead end. Dead end symbol should be shown. Valve is east of last hydrant. • Lot #74- main line gate valve not shown on As-Builts. • Cul-de-sac: main line gate vale at end of dead-end pipe not shown. • Hydrant near lot 71 &72 needs 3" gate valve box riser to come to grade. • Lot #75- curb box needs cover. • Lot #74- needs to be brought to grade, 9" deep. • Lot #73- no rod, standard wrench does not touch shut off, needs rod/longer rod. • Lot #72- can't remove curb box cap. • Lot #70- curb box has debris inside- needs to be blown out. • Lot #68- needs to be brought to grade, 11" deep. • Lot #65- curb box has debris inside- needs to be blown out. • Lot #64- curb box has debris inside- needs to be blown out. • Lot #63- 10" below grade, cap is broken. • Lot #62- needs new cap. Box is bent and must be straightened. • Lot #56- invisible dog fence wire right next to curb box, in ROW. Cut while inspecting, Curb box 4" deep. • Lot #54- can't remove cap. • Lot #53- Needs cover and be blown out. Plan Reviews: Vale Dr Field inspect 4-09 LARKIN REALTY 410 Shelburne Road, Burlington, VT 05401 (802) 864-7444 (802) 864-0649 Fax August 26, 2004 Ray Belair City of So. Burlington 575 Dorset St So. Burlington, VT 05403 Re: Pinnacle at Spear, Phase II, Vale Drive Dear Ray, We would like to request that the City begin the process of accepting Vale Drive as a city street. The prescribed warranty period of three years for this project will be expiring this September 2004. Please contact us with any questions. Thank you. Sincerely, Deborah Sherman Rug 2S 04 10:23a p.2 i LARKIN REALTY 410 Shelburne Road, 8urlin;zton, VT i-'Wi k � � � � - c (,.02) 8,,4-7444 (80�) 86 b4 Fax August 26, 2004 Ray Belair City of So. Burlingon 575 Dorset St So. Burlington , VT 05403 Re: Pinnacle at Spear, Phase II, Vale Drive, Dear Rau, We would like to request that the City begir. the process of accepting Vale Drive as a I'My street. The prescribed warranty period of three years for this project will be expiring this September 2004. Please contact us with any questions Thank you. Sincerely]j / f \' Deborah Sherman Rug 26 04 10:23a p.1 LARKIN REALTY 410 Shelburne Road, BurIkingror., `d 1 05401 W!) 864- 044 �dvz) 6o4-U(D4y t•a.x Fax Cover (802) 864-0649 Tv- Ray Belair From: Deborah Sherman Date: 8126104 Message: Re: Pinnacle at Spear. Phase 111, Vale Drive Hi Ray, Lance L lelvellyn and Bruce Hoar have concurred that the 3 year warranty period, for the above road will be ocpiring September 2004. In order for the process of the city taking over the road to begin, 1 understand we need to send yoga a letter of request. This is enclosed rand the original has been mailed Thank you and please call with any questions. Also - have you had any con,firmadon froth Bill Szyrnanski that the bond amou,ni for the Irish Farm phase 11 work is acceptable ???? Lance .submitted this to him some time ago. Thanks. /��' 67 /-�' LLEWELLYN - HOWLEY I N C O R P O R A T E D MEMORANDUM LETTER Date: November 3, 2004 To: William Szymanski, P.E., Ray Belair, Bruce Hoar Re: Vale Drive As -Built File: 2004070 Fax: Message: Gentlemen: The attached as -built was prepared from survey data obtained by Button Professional Land Surveyors in June and July, 2001. Please contact this office if additional information is required. Lance A. Llewellyn, P.E. Cc: Deb Sherman 20 Kimball Drive Suite 202N • South Burlington, Vermont • 05403 T 802-658- 2100 • F 802-658-2882 • web: www.lhinc.net Engineering • Land Development • Permitting LLEWELLYN • HOWLEY I N C O R P O R A T E D June 16, 2008 Mr. Ray Belair Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Vale Drive Easement Lot 58 to Lot 57 File: 2004070 Dear Ray: We have a Warranty Deed and Property Transfer Tax Return for the utility easement from Lot 58 for the benefit of Lot 57. Copies attached. I forwarded the originals to Carl for recording on behalf of Mr. Larkin. We believe these documents were the outstanding issues necessary for the City to now take ownership of Vale Drive. Please notify me if you need additional information. Thank you for your assistance. Sincerely, Llewellyn - Howley Incorporated Lance A. Llewell , P.E. cc: John Larkin Carl Lisman, Esq. Attachments Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 - e-mail: Ihinc@lhinc.net www.lhinc.net WARRANTY DEED KNOW ALL BY THESE PRESENTS: That John McGrath and Dana Liberty, of the City of South Burlington, County of Chittenden and State of Vermont (the "Grantors"), in consideration of TEN AND MORE DOLLARS paid to the Grantors' full satisfaction by Louis B. Polish and Deborah Schapiro, of the City of South Burlington, in the County of Chittenden, and State of Vermont (the "Grantees"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the Grantees, and their heirs, executors, administrators, successors and assigns, forever, a certain piece of land in the City of South Burlington in the County of Chittenden, and State of Vermont, described as follows, viz: Being a perpetual easement and right of way for the installation, maintenance, repair and replacement of an underground sewer service line located in the northwest corner of the lands of the Grantors (being Lot 58 in the Pinnacle at Spear neighborhood) for the benefit of the lands of the Grantees (being Lot 57 in the Pinnacle at Spear neighborhood) substantially in the location depicted on Lot 58 as "sewer service" on a plan entitled Pinnacle at Spear South Burlington Vermont As Built Site Plan prepared by Llewellyn -Howley Incorporated, dated January 21, 2000, recorded in Map Slide of the Land Records of the City of South Burlington (the "Plat"), including the right to enter from time to time onto the lands of the Grantors for such purposes. In the event that entry is so made, the Grantees shall restore the surface of the lands to their condition prior to the entry at no cost to the Grantors. The easement and right of way shall have a width of 20 feet, centered on the service line as depicted on the Plat, for the length of the service line located on the Grantors' lands. The lands and premises are subject to all mortgages, easements, covenants and rights of way of record. Reference is hereby made to the above -mentioned instruments, the record thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the Grantees and their heirs, executors, administrators, successors and assigns, to their and their own use and behoof forever; And the Grantors, for themselves and their heirs, executors, administrators, successors and assigns, do covenant with the Grantees, and their heirs, executors, administrators, successors and assigns, that until the ensealing of these presents they are the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that it is FREE FROM EVERY LISMAN, WEBSTER & LECKERLING, ATTORNEYS AT LAW, P.O. BOX 728, BURLINGTON, VT 05402 802-864-5756 1 ENCUMBRANCE, except as aforesaid; and that they hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. ,�" °t `r IN WITNESS WHEREOF, the Grantors have executed this deed this o? day, of xry, 9 11: ohn McGrat bana Liberty STATE OF VERMONT CHITTENDEN COUNTY, SS. Ss -ex b, I(V�a At Setr+ But4ingten this c day of 1`�y, 2008, John McGrath and Dana Liberty personally appeared, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. PrintBefbrem No lic ' `& ' D L My Commission Expires: 2/10/011 20014\000\legal\easement-pinnacle58 LISMAN, WEBSTER & LECKERLING, ATTORNEYS AT LAW, P.O. BOX 728, BURLINGTON, VT 05402 802-864-5756 2 VERMONT PROPERTY TRANSFER TAX RE1 uRN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) SOCIAL SECURITY NO. OR SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER TAXPAYER IDENT. NO. John McGrath Dana Liberty South Burlington, VT 05403 BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. e Louis B. Polish Deborah Schapiro South Burlington, VT 05403 Pff-PROPERTY LOCATION (Address in full) DATE OF CLOSING Lot 58 Easement for sewer iine, Pinnacie at Spear, south Bu....r_gton INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. ❑ UNDIVIDED 1/2INTEREST 5. [1TIME-SHAREESTATE 7. ® EASEMENT/ROW 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED _ % INTEREST 6. ❑ LEASE 8. ❑ OTHER LAND SIZE (Acres or fraction thereof) asdkfasdfasd SPECIAL. FACTORS: HAVE DEVELOPMENT RIGHTS BEEN CONVEYED x_NO YES WAS SALE BETWEEN FAMILY MEMBERS X NO, YES STATE RELATIONSHIP FINANCING: ElCONVENTIONAL:/BANK ❑ OWNER FINANCIN ❑ OTHER BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. ❑ NONE 5. ❑ BARN 9 ❑ STORE 2. ❑ FACTORY 6. ❑ MULTI-FAMELY WITH _ DWELLING UNITS 10. ❑ OTHER (WERTBmaBER) 3. ❑ SINGLE FAMILY DWELLING 7. ❑ MOBILE HOME YEAR MAKE SEK NO. 4. ❑ CAMPNACATION HOME 8. ❑ CONDOMINIUM WITH _ (R+sur UNITS TRANSFERRED RunreRR� CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL/INDUSTRIAL escluDE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ OTHER DEscRme PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL/INDUSTRIAL DEscwsE 2. ❑ OPEN LAND4. ❑ TIMBERLAND6. ❑ GOVERNMENT USE8. ® OTHER _easement DESCRIBE WAS PROPERTY PURCHASED BY TENANT X NO YES DOES BUYER HOLD TITLE TO ANY ADJOINING PROPERTY X NO YES CURRENT USE VALUE PROGRAM: IS ANY POR"?'ION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER -RESTRICTIONS UNDER THE 1N O AGRICULTURAL AND MANAGED FOREST LAND USE VALUE PROGRAM CHAPTER 124 OF 32 V.S.A. ❑ Yes U IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N, AND 0 BELOW, TOTAL E PRICE PAID FOR PRICE PAID FOR PRICE PAID $ PERSONAL PROPERTY $ REAL PROPERTY $ STATE TYPE OF PERSONAL PROPERTY IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE, PLEASE DESCRIBE: MAKE CHECKS PAYABLE TO: VERMONT DEPARTMENT OF TAXES $ AX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS kDATESELLER ACQUIRED: A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET CONTINUE ON REVERSE SIDE TOWN/CITY DATE OF RECORD BOOK NUMBER LISTED VALUE $ PARCEL ID OR MAP NO. GRAND LIST CATEGORY SPAN FORM PT -I THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK PAGE NO. GRAND LIST OF 19 ACKNOWLEDGEMENT RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. SIGNED CLERK TOWN NUMBER ICc v 7/ UJ 1. Tax on Special Rate Property: a Value of purchaser's principal residence (not to exceed $100,000) (See instructions) .......................... ......... b. Value of property enrolled in current use program ...................................................... . ......... c. Value of qualified working farm.............................................................................. . d. Add Lines 1(a), (b) and (c)................................................................................. . e.Taxrate................................................................................................. f. Tax due on Special Rate Property: Multiply Line 1(d) by Line 1(a) ................. .... ............................ 2. Tax on General Rate Property: a. Enter amount from Line O on front of return.................................................................... . b. Enter amount from Line 1(d) of Rate Schedule above............................................................ . c. Subtract Line 2(b) from Line 2(a)............................................................................ . d.Tax rate ................................................................................................ e. Tax due on General Rate Property: Multiply Line 2(c) by Line 2(d).................................................. 3. Total Tax Due: Add Lines 1(f) and 2(e) and enter here and on Line P on front of return ........................ I ...................... LOCAL AND STATE PERMITS AND ACT 250 CERTIFICATES 1. a. $ b. $ c. $ d. $ e. 0.005 f. $ 2.a.$ b. $ c. $ d. $ 0.0125 e. $ 3. $ Buyar�s) and Sci:.^:(£) ceftify' ac .`oiiowa: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to fiaad reguiations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations and wastewater system and potable water supply rules under Chapter 64 of Title 10 pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the wastewater system and potable water supply rules of the Agency of Natural Resources for the following 1. This property is the subject of Subdivision Permit No. and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the subdivision regulations because (see Instructions for exemptions): a. Parcel to be sold: Exemption Number Number of acres b. Parcel retained: Exemption Number Number of acres Please contact the district office in your area to determine compliance with Act 250. (See map on page 26.) Seller(s) further certifies as follows: D. That this transfer of teal property and any development thereon is in compliance with or exempt from 10 V.S.A- Chapter 151, Vermont's Land Use and Development Law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from Instructions) a E. That this transfer doesldoes not (strike one) result in a partition or division of land. Note: if it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk. WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont Income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer is exempt from Income tax withholding for the following reasons (check one): ® 1. Under penalties of perjury, seller(s) certifies that at the time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. of Taxes In advance of this sale. from the Commissioner 3. Buyer(s). certifies that this is a transfer without consideration. (See Instructions for Form REW-1.) ❑ 4. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee in a foreclosure or transfer in lieu of foreclosure, with no additional consideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE -TO THE BEST OUR KNOWLEDGE. SELLER(S) SIGNATU E($) DATE BUYER(S) SI NATU ) DATE John McGr th Louis B. POlistT Dana Lib ` - - O Deborah Schapir �LvL'L, Preparer's Signature Prepared by LISMAN WEBSTER & LECKERLING, P.C. _ Preparer's Address P. O. Box 728 Burlington, VT 05402-0728 Buyer's Representative Tel. Print or Type) Keep a copy of this return for your records. LLEWELLYN - HOWLEY INCORPORATED MEMORANDUM To: Ray Belair From: Lance A. Llewellyn, P.E. Fax: Ray: Date: July 30, 2008 Re: Vale Drive As-Builts File: 2004070 Attached are three copies of the Vale Drive As-builts. 1 understand you will provide Bruce with a copy. ce cc: Deb Sherman 20 Kimball Avenue, Suite 202N - South Burlington - Vermont 05403 T 802 — 658 — 2100 F 802 — 658 - 2882 e-mail: lal@lhinc.net Engineering - Land Development - Permitting MEMORANDUM To: Ray Belair From: Bill Szymanski, City Engineer Date: August 4, 2008 Re: Vale Drive As Built Plans I have reviewed the as built plans for Vale Drive and have the following comments: 1. Show easement for sewer service to lot 57. 2. Show location of street r.o.w. monuments. 3. Show location of gas, electric, telephone and t.v. lines. 4. Show location of street lights. Post -it Fax Note 671 Date # of pages TO From Co./Dept. Co. Phone # A Phone # Fax # Fax # 575 Dorset Street Soe!�,r Hurl;,qian, VT 1t54AI tel 6911 4'4� ixx HU' 046,4"01 ww w, s b w, - c o m A e e4l, �S♦ _0 South PLANNING & ZONING MEMORANDUM To: Bruce Hoar, Director of Public Works Jay Nadeau, Water Superintendent From: Raymond J. Belair, Administrative Officer Re: Vale Drive Acceptance Request Date: July 31, 2008 The City has received a request from John Larkin to accept Vale Drive and a portion of Nowland Farm Road. Attached are "as -built" construction drawings. Please let me know when you deem the street and the infrastructure to be acceptable. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com CARL H. LISMAN ALLEN D. WEBSTER, CPA E. WILLIAM LECKERLING DOUGLAS K. RILEY RICHARD W. KOZLOWSKI CHRISTINA A. JENSEN MARY P. KEHOE ADAM P. BERGERON Donna Kinville, Clerk City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Ladies: LISMAN, WEBSTER & LECKERLING, P.C. ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VERMONT 05402 Telephone 802-864-5756 Telecopier 802-864-3629 Direct Line 802-865-2500 ext. 225 Website Address: www.lisman.com E-Mail Address: clisman@lisman.com June 11, 2008 McGrath and Liberty\Polish and Shapiro OFFICES IN FINANCIAL PLAZA AT 84 PINE STREET BURLINGTON, VERMONT BERNARD LISMAN (Retired) KAREN ALLEN, of Counsel We are enclosing, for recording, a deed and transfer tax return, together with our check, in the amount of $24.00, in payment of the recording fee. Please return the originals to me in the enclosed, self-addressed, stamped envelope. Carl H. Lisman CHL\dj a Enclosures 20014\000 LLEWELLYN • HOWLEY I N C O R P O R A T E D April 13, 2010 Mr. Ray Belair Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Vale Drive As Built File: 2004007 Dear Ray: Attached are three copies of the Vale Drive utility as builts as per Bill Szymanski. Sincerely, Llewellyn - Howley Incorporated Daniel Lemieux C.C. Deb Sherman Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ihinc@lhinc.net www.lhinc.net 1 LLEWELLYN • HOWLEY I N C O R P O R A T E D February 27, 2009 Mr. Ray Belair Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Vale Drive As Built File: 2004007 Dear Ray: Attached are three copies of the Vale Drive utility as builts as per Bill Szymanski. Sincerely, Llewe11 - Howley Incorporated Daniel Lemieux Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ihinc@Ihinc.net www.lhinc.net LLEWELLYN • HOWLEY I N C O R P O R A T E D February 27, 2009 Mr. Ray Belair Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Vale Drive As Built File: 2004007 Dear Ray: Attached are three copies of the Vale Drive utility as builts. I appreciate your patience and assistance in this matter. Sincerely, Llewellyn - Howley Incorporated Lance A. Llewel P.E. cc: John Larkin Deb Sherman Attachments Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ihinc@lhinc.net www.lhinc.net PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 7, 2000, at 7:30 P.M. to consider the following: 1) Final plat application of L&M Partnership to amend a previously approved planned residential development consisting of 80 lots, Pinnacle at Spear, Spear Street. The amendment consists of reducing the pavement width of 385 feet of Nowland Farm Road from 32 feet to 30 feet. 2) Final plat application of Highlands Development Company, LLC to amend a previously approved planned residential development consisting of 297 residential units and an 18 hole golf course, Dorset Street. The amendment consists of reducing the pavement width of 2,170 feet of Nowland Farm Road from 32 feet to 30 feet. 3) Final plat application of Brad Gardner to amend a previously approved planned residential development consisting of 11 residential units on 2.91 acres, 311 - 315 Hinesburg Road. The amendment consists of: 1) reducing the size of the units, and 2) increasing the distance between buildings and setbacks from property lines. 4) Application of National Gardening Association seeking conditional use approval from Section 25.05 Conditional Uses, of the South Burlington Zoning Regulations. Request is for permission to use 2900 additional square feet of a 4500 square foot structure for a not -for - profit organization whose primary purpose is the provision of educational or research services, related to agriculture; horticulture, forest i, -nat, I -cso�rce preservation, tie recreation, 1100 Dorset Street. Copies of the applications are available for public inspection at the South 6urlington City Hall. John Dinklage, Chairman South Burlington Development Review Board February 19, 2000 e TO: Ray Belair, Zoning Administrator FROM: Bruce Hoar, Public Works Director DATE: February 2, 2000 RE: Nowland Farm Road This memo is to inform you that even though Nowland Farm Road is only 30' of paved section from Vale Drive East to Dorset Street I do not believe that this will be detrimental. This section of road actually has curb cuts on both the North and South side through the developments and the reduction in width may help to slow traffic down. It is important that the city still require 80' of R.O.W. along this road. ,I .I I 1 1 , 11 111 1 1 II 1 � II 1 I 1 1 I, 1 ( II 1 i --" - 11 17 11 I 1 _"i �� 1 I --� s3 11 ' 52 1 I f C J a1Haa auWxc r0.e Acosta nx,W rut a/w FNRCWS WR nr usa axxu caxa rres car cavrMST m[ umr Arnsxav Z SMH 9 59 1 60----�_g' 1--__- 62 I �B2 -\_ - ---------- _ % 04 1 65 1 I 66 �67 _--- ----- C84A fr S ce SIIH / 3'- _IAel --------- �• ---- --- I 1 I I 74 73 1 7� ' ` I 1 77 _ �. --- ---_ ___ I _il------ - _ ' 1 I ITEMS SHOWN AS DASHED LINES `1 79 _ J _' - _ 1 �� _ 1 / 1 RE SHOWN FOR INFORMATION ARE _ '`�-�� 1 , I II ONLY. O FIELD LOCA77ON WAS —.- 80 - --_- 6s69 - 111 1111111/- i- 'I _i- NOTES III 1. AS BUILT INFORMATION GATHERED BY BUTTON ASSOCIATES, FALL 1000. 111 11"ECEIVEu W — LEGEND ce, 1 _- PROPERTY UNE------- EASEMENT LINE _ 2000 PEDESTAL O CLEANOUT 0 SANITARY SEWER M.H. �r lingtoll STORM SEWER M.N. ® t)u STORM SEWER INLET 0 GRAPHIC SCALE HYDRANT y DATE VALVE Ip w w Iw Nx SANITARY SEWER —6�1'mK---• ( IN EEET ) STORM SEWER —1 —,Y aa— I loan - 00 it. WATER SUPPLY FOODNG DRAIN R00F DRAIN --RA---»--- PINNACLE at SPEAR ELECTRIC POWER —E---------. SOUTH [uRL1NOTON motmoNT CABLE T.V. NATURAL GAS —R TELEPHONE - + AS BUILT SITE PLAN LUMRIAIRE POLE a I�DEDT: "°" LLEWELLYN • HOWLEY WAIEWUNE VALVE hBLOW-OFF WATER (bS DATL 011B1A10 CURB STOP 0A T[ O I N 0 0[P O[ d'.NQ@NEEWtlWO • MERMCTTINO .00N_I,LT'fN0 Sd!Wk30M CRANN BY: 06W1 MIA_ MLLISF04 ROAD i i$02)3S0.2332 DRAWING 01024."It momo RY,tlNI'O.Si05 VW�WNIONT Ieu:AltUn(ywal.wom SHEET: 1 a MEMORANDUM To: South Burlington Development Review Board From: Raymond J. Belair, Administrative Officer Re: March 7, 2000 agenda items Date: March 3, 2000 2. PINNACLE AT SWEAR — REDUCED ROAD WIDTH — NOWLAND FARM ROAD, FINAL PLAT This project consists of amending the final plat for an 80 lot planned residential. development, The amendment consists of reducing the pavement width of 385 feet of Nowland Farm Road from 32 feet to 30 feet. The road has been constructed to a width less than required (2-ft. difference). The applicant is satisfied with the road as built. The Director of Public Works has reviewed the as -built conditions and is willing to accept the road as constructed (see enclosed memo). The Director of Planning and Zoning is willing to accept the road as constructed. 3. HIGHLANDS DEVELOPMENT CO. LLC. — REDUCED ROAD WIDTH — NOWLAND_FARM ROAD, -FINAL -PLAT This project consists of amending a planned residential development consisting of 297 residential units and an 18-hole golf course. The amendment consists of reducing the pavement width of 2,170 feet of Nowland Farm Road from 32 feet to 30 feet. Access/Circulation: The Commission on June 18, 1996 approved Phase 1B with the stipulation that Nowland Farm Road to be constructed to full city standards fer collector roads (including curbs and piped drainage in all areas not adjacent to wetlands). The road was therefore required to be 32 feet in width curb to curb. In areas adjacent to wetland, curbs and piped drainage were not required. The road has been constructed to a width less than required (2-ft. difference). The applicant is satisfied with the road as built. The Director of Public Works has reviewed the as -built conditions and is willing to accept the roast as constructed. The Director of Planning and Zoning is willing to accept the road as constructed. MEMORANDLIM To: South Burlington Development Review Board From: William J. Szymanski, South Burlington City Engineer Re: March 7, 2000 Agenda Items Date: February 22, 2000 NOWL,AND FAR Il4 ROAD - GOLF COURSE SECTION This section of road was mistakenly built 30 feet in traveled width instead of 32 feet as plans call for. The contractor has been cooperative and good to work with. The road is well built and I would accept it. CEDAR COMMONS - HINESBURG ROAD 1. The status of East Birch bane must be resolved. It has been maintained by the City. The previous owner sold land for the three houses (Watson, Stockwell & Racine) and then left the area. The Watson residence access is from Birch Court and may cut across this parcel. If it does an easement shall be given to Watson. Stockwell and Racine access from East Birch Lane, which the City has maintained completely. I believe the City is obligated to contin_alas service. The street should be improved beyond the Stockwell entrance drive and deeded to the City. 2. The two street light standards appear to be on top of the water main. They should be outside of the easement. 3. Each site plan should have a scale noted. 4. There should be a pedestrian sidewalk serving the eleven units and tying into the Hinesburg Road sidewalk. 5. The sewer main shall be bedded in 2/3 inch crushed stone. 6. It is the owner and his Engineer's responsibility to furnish the City complete as -built plans not the contractor as plans noted. These as -built plans must include complete information on all underground utilities including ties and dimensions so they canbe quickly located especially in an emergency. 7. City Dater Department shall receive a set of plans for their review and comments and a complete set of as -built plans. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 3, 2000 David Marshall Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, VT 05482 Re: Pavement Reduction, Nowland Farm Road Dear Mr. Marshall: Enclosed is the agenda for next Tuesday's Development Review Board meeting and comments from City Engineer Bill Szymanski and myself. Please be sure someone is present on Tuesday, March 7, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerelyr, /aymond J. Belair Administrative Officer Encls GIFT CERTIFICATE For a free Satellite Dish System. Call 658-1464 GUINEA PIG 1 yr old. Complete with cage, wa- ter bottle and feeding dish. 878-904T HENS [111, some laying. 372-4486. MACHINE PARTS Of cast iron.Suitable for mooring anchor. 658-3390, MOLDS -CERAMIC 200- call 863-1758 for details_ y.( SKI RACK Mounts inside most SUV's. 655-5304 CUTE LITTLE SPINIT PIANO you fetch. 859-3455 M� 71r * ^ � ........... . ......... . 4V Vtir7 fp�i�f II rC rl illy. /I'll 11 Tan. Also blue Icv.sc 3t uurr�rr l lac J0 You pick up. ! rvir� ot,.n 'If Th4. 865-3102. ;r arc CRATES- FOUND WRISTWATCH CLEMENTINES About j WhuF hiKing on Mt. 20. 9' wide. 4" high 1 ft. ! Manor eld this past Sat - long. Goodfor crafts or urd v ail ,:vith oesc.ip you name ity. 893-7254- tic,n le ;:;a+m Eves before DESK -COMPUTER oak ! 901'n 3t 97!1.6764 veneer with 2 doors. I LOST SHOVEL Let drawer and adjustable i irr ,n green minivan shelf.524-7230. )urram+. ,tuck in snow, DOG F,Shepnerd/basset I on Route 2 North, in hound mix. Sweet na- I Grana !sle. Please re- tured. good w/children. " turn,'rall 372-3355 Abandoned, reeds loving �i LOST CAT M1aie. short horne. Call 933-9135. DOG Old English Sheep haired et I k Dog, female, very well- behaved, 6 years of age, not good with cats. Comes with crate and accessories. To a good loving home with more Space to run. 893-2362 DOG Red Husky mix. 1 yr, neutered & vacci- nated. House broken, ex- cel w/kids & other pets. 518-585-7271. DRYER Absolutely free. Montgomery Ward heavy duty. You pick up. 868-4229 GERBILS Free Please call Vt Relay 1-800-253- 0195• Give them 802- 453-6190, My name is Travis and I am deaf. GERMAN SHEPHERD -- Adult male, loyal, shy. GARAGE 5ALES 4 My life has been very sad for the past few BURLINGTON Moving months in a home where sale! 45 yens tccurcula- they have not loved me. I lion, 7968 North ,Ave. need a new home. Call Feb. 19th lam-4pm. 878-41'T4 Fa_b. 20th, Barn-4pm. PERSONALS b ADOPTION A baby is our dream. Happy financially secure, loving and caring couple wishes to share love & wonderful life with baby. Call Agnes and John 1-�800-945.8557 ADOPTION A young cou- ple with lots of love. prays for white newborn to snare life time of hap- piness, in warm & secure home. Expenses paid, Please call EilenlJim 1-800-286-0077. I ADOPT Romantic couple in 2p 0s longs o adot baby €,ranapas grand- mas and cousin wafting. House t.1jif laf laughter, Legal, medical paid. Please call Gina and Danny 1.-800-957-4725. ADOPTION Mist ::los, col- lege educated couple, married 12 yrs. wi own home by the sea in Maine wish tO adopt white baby. We have lots of love to .pva! ('ail 800- 484-1256 f pin # 44491 FRL E WOODLN KIDS ("Mt-1 .;oh Pl-Ovrs i! !h,, :Purfingtun frer 1rr55 802-660-18U1 l n.ac , neu- tered, 4 yrs old, little cut in right ear little bit of white on his throat. Last seen Tues 2,15 in Hadley Rd area in So. Buriing- ton. Call 864-2945. NOTICE The South Burlington Police Department is in Possession of several items which have been unclaimed aver the past few years. The items con- sist of bicycles, firearms, money, electronics, household ;terns, vehicle parts & accessories, tools. cameras, and cicth- ing. Anyone wishing to claim these iems should contact Sgt. Stowe!l at 846-4164. The South Burlington Development Review Board will hold a public hearing at the South Bur- lington City Hall; Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 7, 2000, at 7:30 P.M. to consider the following: 11 Final plat application of L & M Partnership to amend a previously ap- proved planned residen- tial development, consis- ting of 80 lots, Pinnacle at Spear, Spear Street. The amendment consists of reducing the pave- ment width of 385 feet of Nowland Farm Road from 32 feet to 30 feet. 2] Final plat application of Highlands Develop- ment Company, LLC to amend a previously ap- proved planned residen- tial development consis- ting of 297 residential units and an 18 hole golf course, Dorset Street.1 The amendment consists of reducing the ave- ment width of 2.14 feet Of Nowland Farn) Road from 32 feet to 30 feet. 3] Final plat application of Brad Gardner to amend a previously ap- proved planned residen- tial development consis- ting of 11 residential units on 2.91 acres, 311- 315 Hinesburg Road. The amendment consists of: 11 reducing the size of the units, and 21 in- creasing the distance be- tween the buildings and setbacks from property lines. 41 Application of Na- tional Gardening Associ- ation seeking conditional use approval from Sec- tion 26.05 Conditional Uses, of the South Bur- lington Zoning Regula- tions. Request is for per- mission to use 2900 additional square: feet of a 4500 square foot struc- ture for a not -far -profit organization whose pri- mary purpose is the pro- vision of educational or research services, re- iated to agriculture. horti- culture, forestry. natural resource preservation, the arts or recreation, 1100 Dorset Street. Copies of the -applica- tions are available for public inspection at the South Burlington City Half. A FREE PRESS BOX NUMBER Placing a Free Press ClassifieW ad is easy, We'll help you word your ad to gat the results you ,eaMf Charge it with your VISA or Idas- tarcard, -- ADMINISTRATIVE ASSISTANT needed to provide sup- port for busy to vide Reception, general office along with good cus- tomer service skills. Pro- ficiency in Microsoft Of- fice & Ouickbooks a plus. Call to set up interview appointment, 878-7800 or mail resume to: VERMONT CENTRAL VACUUM .SUN RAY FIRE &. SECURITY One Market Place _ Essex Jct, VT 05452 ADMINISTRATIVE AS- SISTANT Bank consult- ing firm. FT. Benefits. gam-5pm. Advancement. 865-0080. Ask for Margaret _ NIGHT AIDES Full and part time. CHARGE NURSE Part Time 2 days/wk which includes every other weekend. For more information, Please contact Melissa at Pillsbury Manor 863-7897 I r atunng D e �; randy Cal 863 Ill ingles Connection Single Adults Network Professional & Intelliggent I Send to Newsletter 300-T 5-3090 0 Burlington Free Press P.O. Box 10 SOLID GOLD DANCERS i Burlington. VT 05402 Birthdays. Bachelorfettel, I Att: Free Press Box Strip-O-Grams.862-1377 EI #_. GET EVEN MORE ACCOUNTING CLERK ATTENTiON1 Energetic individual USE GRAPHICS needed for entry level po- LEGAL 11I sition in our fast -paced accounting dept. Major NOTICES duties include computer - zed sales order entry, PUBLIC BEARING cash receipts & deposits, SOUTH BURLINGTON and AiR collections. DEVELOPMENT I Hours are 7:30-4:30 Mon - REVIEW BOARD i Fri. Please respond with cover letter/resume to: Controller, Overhead Door Company of "Burlington, PO BOX 844, Williston VT 05495 ACCOUNTING POSI- TIONS Get in on the ground floor of the ex- pansion of an estab- lished, dynamic, non- profit energy services or- ganization. Enjoy com- petitive salaries & an ex- cellent benefits package. Please send resumes to: VEIC Recruitment, 255 So. Champlain St, Bur- lington, VT 05401 or by email to: landrews@vef- r.org by 2/25. EOE ACCOUNTING We are a leading national building products manu- facturer with 28 US loca- tions, with the following openings in our Williston, VT headquarters. Payroll Administrator. Well organized self starter with strong. PC skills to handle monthly analysis, payroll, statutory remit- ASSISTANT MANAGER tances, etc. Two years Team player with exper. Degree an asset. customer and food skills. Accounts Payable Clerk Call L.ilydale 658-5896 Accounting knowledge ASSISTANT MANAGER and previous experience an asset. Both positions Looking for live in offer competitive salary, assistant for complete medical, dental and 401k. operation of motor inn. Send resume to: Previous exper req• Kaycan Ltd. 402 Boyyer Fax resume to Circle, Williston. VT 05495 802-888-3698 or or fax 802.865-0268. mail to: Sunset Motor Inn, 160 VT Ste 15W, Morrisville,* VT 05661, ASSISTANT TOWN MANAGER Town of Colchester, VT seeks qualified & experi- enced individual. Candi- date must have a suc- cessful career & experience in the man- agement of organiza- tions & working with - people. Assistant Manager will be respon sibie for the day to day operations of town gov- ernment as well as work- ing on special projects. Interested parties must forward their letter of in- terest and resume with references to Mitchell A. Berkowitz, Town Mgr, 172 Blakely road. Col. chester, VT 05446. Inter- views will commence during the week of March 13. Resumes will be accepted until the po- sition has been filled. EO E I SELL 'IDLE ITEMS" MTN A CLASSIFIED AD, CALL668-3321. AUTOSODY . TECHNI- CIAN 7 yrs exper, own tools preferred. Excel pay & benefits, 401K. Parker Chevrolet Olds- mobile Pontiac. 518-298- 8272, call Tim or Jeff. Ideal position for active rr.EFt seeking FT%P7 p in pleasant envi- ro ., t. Cali Jack Ras- mussen at 863-4744. Airport Skycaps -Posi- tions avail for friendly, pleasant individuals, ca- pable of handling pas-! senger baggage. Salaryl + tips. Flexible hrs. Call Jack Rasmussen- 863-4744. ALIGNMENT/ MECHANIC Growing tire company f seeking motivated per- 4 son for alignments & me- chanical duties. We offer medical insurance, 401K, & excellent pay. Please contact Brian at 864- 3811 ARCHITECT OR GRADUATE ARCHITECT needed for full time posi tion for design drafting and construction admin istration. Candidate mus have CAD experience Mail resume to: J. Graham Goldsmith Architects P C, 7 Kilburn St. Burlington, VT 05401 ARCHITECTS DESIGNERS CAD OPERATORS ADMINISTRATION IMMEDIATE OPENINGS Fifteen -person architec- tural practice located at Exit 16 in Colchester is offering an excellent benefit package and competitive salary for the abpve postions. Send re- sume in confidence to Gary Lavigne, Wiemann- Lamphere Architects, Inc. 30 So. Park Drive, Colchester, VT 05446 background beneficial. Comprehensive benefits package including 401(K1. Please forward resume or drop by in person to: Dave Gravelin Shearer Chevrolet 1675 Shelburne Road So. Burlington, VT 05403 802-658-1111 Automotive RECONDITIONING SHOP Seeks an energetic per- son with VT Diver's Li- cense. Must be 18 years old.... .,.... MANAGER Reconditioning Shop seeking a working Man- ager to supervise and Vain 3-4 people. Must be organized. Must have a Valid VT Driver's license. Full benefits package. Apply in person only. GOSS DODGE 1485 Shelburne Rd SO BURLINGTON El Automotive SERVICE TECHNICIAN Ever thought about work- ing in the evenings so that you can play during the cay??? Local auto dealer- ship looking for experi- enced technicians to work second shift hours i5:00pm-1:00am] Must be reliable, have own tools and proven ability to diag- nose and repair cars and trucks. Earning potential of over .$50k for top pro- ducers. If interested, call 865-8258. S BARTEN busy, doi, dependen must. Se Free Pre;; jam people. Gail 864-: 1 Need to Automotive apart ma I TECHNICIANS call at 6ti8. 1 Needed: experienced CARWASH technician with solid au- DANTS Cha tOMOtive technical back- has opening; ground. Complete bene- ply in person fits , package offered burne Ro_ad_i along with top pay, sign - CASHIER Ft ing bonus, and extensive time position training, Call 865.8271 for a confidential interview or Compet3,iv stop by the service de- exper. des: partment at He Ford lion, heal, 401k. Apply on Shelburne Road during business hours and ask Deli Mart, for Paul. burne_R_d . AVON! AVON! AVON! GROUP TEA small license Career or ocket mone • y Call 5-381€ Call 893-7939 or 800-258-1815, 655-4956 3AKER Bus y summer re- Childcare: EARLY CH sort seeks exper., crew- five baker: breads, pas- PROFESS Opportunities tries, breakfast items, desserts. FT, seasonal, help facilitatt programs. EC [May -Sept.] Call Tasney fields and exp or .Nance at The Tyler Place 802468-4000 groups of c quired. Plea: "HEF Busy summer re- more into. Tt sort seeks creative, re- Center SPonsible organized ■ Burlington i chef. Create menus, su- M Richmond, oervise staff, assist wI I -unningg kitchen. FT N Shelburne t sea- , sonat[May-Sept.]' Call '1 CHILDCARE rasne or Nance at The 4 year olds, proach, bene' ryier Place 802.868-4000 1 degree. pref. 4 3/7/00 MOTION OF APPROVAL L&M PARTNERSHIP I move the South Burlington Development Review Board approve final plat application #SD-00-04 of L&M Development to amend a previously approved planned residential development consisting of 80 lots, Pinnacle at Spear, Spear Street. The amendment consists of reducing the pavement width of 385 feet of Nowland Farm Road from 32 feet to 30 feet, as depicted on a plan entitled, "Pinnacle at Spear South Burlington Vermont As Built Site Plan," prepared by Llewellyn -Howley, Inc. dated 1/24/00, last revised on 1/26/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat plans shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning. Four (4) copies of the approved revised plat plans shall be submitted to the Director of Planning & Zoning. a) The final plat plan shall be revised to include the street names 3. Any change to the final plat plans shall require approval by the South Burlington Development Review Board. CITY OF SOUTH BURLINGTON DEPARTMENT OF PIAl®NING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 23, 2000 Skip McClellan Llewellyn - Howley, Inc. 4049 Williston Road South Burlington, VT 05403 Re: Pavement Reduction, Nowland Road Dear Mr. McClellan: Enclosed please find a copy of Finding of Facts of the Development Review Board meetingon March 7, 2000 (effective date March 21, 2000). Please note the conditions of approval including that four copies of the revised plans should be submitted to the Director of Plaiting and Zoning. If you. have' any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant- Encl. CITY OF SOUTH B RUIN TON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 3, 2000 Skip McClellan Llewellyn - Howley, Inc. 4049 Williston Road South Burlington, VT 05403 Re: Pavement Reduction, Nowland Farm Road Dear Mr. McClellan: Enclosed is the agenda for next Tuesday's Development Review Board meeting and comments from City Engineer Bill Szymanski and myself. Please be sure someone is present on Tuesday, March 7, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerer T Raymond.]. Belair, Administrative Officer Encls DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 6, 2000 Lance Llewellyn Llewellyn - Rowley 4049 Williston Road South Burlington, VT 05403 Re: Allen Road Land Company Inc., L&M Partnership, and Brad Gardener Projects Dear Mr. Llewellyn: Enclosed please find copies of the March 7, 2000 and March 21, 2000 Development Review Board meeting minutes. Please note the conditions of approval. If you have any questions, please give me a call. Sincerely, Z�, , , �— z-- ?" I Sarah MacCallum Planning & Zoning Assistant Encls DEVELOPMENT REVIEW BOARD 7 MARCH 2O00 The South Burlington Development Review Board held a regular meeting on Tuesday, 7 March 2000, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: J. Dinklage, Chair; Dan O'Rourke, Gayle Quimby, Roger Farley, Garrison Roth, George Chamberland Also Present: Ray Belair, Zoning Administrative Officer; Lance Llewellyn, Brad Gardner, Steven Lidofsky, Elisabeth Barfad, Scott Martiell, Frank McDonough, Scott Taylor, Dave Marshall, Harry Davison, Bill Miller, David Simendinger 1. Other Business: Mr. Belair advised that John Larkin has asked for a 6-month extension for construction of the canopy that connects the two buildings on Allen Road and Harbor View Rd. They took down the original canopy, and have just gotten a license agreement from the City Council to erect the canopy. Mr. Farley moved to grant the 6-month extension to John Larkin for the canopy as requested. Ms. Quimby seconded. Motion passed unanimously. Mr. Belair also noted that the Blue Mall will be coming in to close off one of the access drives on Market Street and to put up a sign that this can be used only for shoppers at the Blue Mall. This should go first to the Design Review Committee but the DRB has authority to skip that part of the process. This is a temporary situation wnicn will disappear when the new building is built. If the building is not under construction by 15 September, it will have to come to the DRB. Members were OK with this. 2. Public Hearing: Final Plat application #SD-00-04 of L&M Partnership to amend a previously approved planned residential development consisting of 80 lots, Pinnacle at Spear, Spear St. The amendment consists of reducing the pavement width of 385 ft. of Nowland Farm Road from 32 feet to 30 feet: Mr. Dinklage asked if the applicant could state that this was an honest -to -goodness oversight. The applicant explained that one of the conditions of the approval was that the road be built to arterial road standards. Because of some storm water treatment issues, there was a request not to put a curb on part of the road. Other roads in the development were permitted at 30 ft., and there were no details on the plan that spoke to a 32 ft. road. This DEVELOPMENT REVIEW BOARD 7 MARCH 2O00 was not discovered until there was an attempt to line up this road with the joining road which was being built at 32 ft., and the roads wouldn't line up. Mr. Llewellyn noted that the Public Works director actually likes the road better at 30 ft. Ms. Quimby asked if the extra 2 feet will still be city property. The applicant responded that it will. Ms. Quimby asked if there will still be parking on both sides. The applicant said there would, but it shouldn't be a problem unless there's a big party. Mr. Belair noted that most roads in the city are 30 ft. and there is parking on both sides. He suggested that maybe the narrower road will slope traffic down. Mr. O'Rourke moved the Development Review Board approve fmal plat application #SD-00-04 of L&M Development to amend a previously approved planned residential development consisting of 80 lots, Pinnacle at Spear, Spear Street. The amendment consists of reducing the pavement width of 385 feet of Nowland Farm Road from 32 feet to 30 feet, as depicted on a plan entitled "Pinnacle at Spear South Burlington Vermont As Built Site Plan," prepared by Llewellyn -Rowley, Inc., dated 1/24/00, last revised on 1/26/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat plans shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning. Four copies of the approved revised plat plans shall be submitted to the Director of Planning & Zoning a. The final plat plan shall be revised to include the street names. 3. Any change to the final plat plans shall require approval by the South Burlington Development Review Board. Ms. Quimby seconded. The motion passed 5-1 with Ms. Quimby voting against. 4. Public hearing: Final Plat application #SD-00-06 of Highlands Development Co LLC, to amend a previously approved planned residential development consisting of 297 residential units and an 18 hole golf course, Dorset Street. The amendment consists of reducing the pavement width of 2,170 feet of Nowland Farm Road from 32 feet to 30 feet: 2 State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation August 14, 2000 LTH Associates 410 Shelburne Road South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802)879-5656 Subject: EC-4-1750-3, Pinnacle at Spear -- Lot 79 increase to five bedroom single family dwelling mun. water & sewer located on Vale Drive in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #4123 on July 25, 2000, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. PLEASE SUBMIT AN APPROVAL LETTER FOR THE INCREASE IN WATER ALLOCATION. Sincerely, Irene L. Roberge DEC Regional Office Coord. City of South Burlington Planning Commission Lance Llewellyn TDD: 1-800-253-0191 100% Processed Chlorine Free Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury rr • • State of Vermont ENVIRONMENTAL BOARD DISTRICT #4 ENVIRONMENTAL COMMISSION 111 West Street • Essex Junction • Vermont • 05452 T/ 802.879.5614 • F/ 802.879.3871 http://www.state.vt.us/envboard June 23, 2000 Mr. John Larkin 410 Shelburne Road South Burlington, VT 05403 RE: Land Use Permit 4C0942R, Pinnacle at Spear, South Burlington Dear Mr. Larkin: As you know, the District Commission issued the above referenced land use permit to you on May 23, 1994. Condition #13 of that permit reads as follows: 13. The Permittee and all assigns and successors in interest shall install and continually maintain the landscaping as approved in Exhibit #63 (Sheet 27 of 27) of Land Use Permit Application 4CO942 by replacing any dead or diseased plantings as soon as seasonably possible. It has come to my attention that several street trees and other trees located within the common land area have died. Therefore, in accordance with the aforementioned condition, please replace those trees as soon as possible. Please confirm to this office in writing within 10 days after those plantings have been completed. Environmental Board Rule 32(A) authorizes the Commission "as it finds necessary and appropriate, (to) require a permittee to file affidavits of compliance with respect to specific conditions of a permit at reasonable intervals." Accordingly, you must file an affidavit with the Commission no later than July 24, 2000 certifying that all of the plantings depicted on Exhibit #63 have been installed and inspected, with any diseased or dead trees replaced as necessary. Failure to respond may result in formal enforcement action consisting of a Notice of Alleged Violation, which may include monetary penalties pursuant to 10 V.S.A. § 8010. Please contact me at 879-5662 with any questions. Very r�truly yours, V James Boyd Environmental Board District #4 Coordinator cc: Carol L. Shea, Chair, District #4 Commission John Hasen, General Counsel, Environmental Board Charles Haer, South Burlington City Manager UAEB0ARD\C0RRESP\4C0942R.LTR CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 2, 2000 John Larkin 410 Shelburne Road South Burlington, VT 05403 Re: Sewer Allocation, 4 Vale Drive Dear Mr. Larkin: This is in to inform you that the City of South Burlington approves 150 gpd of additional sewer allocation for one (1) additional bedroom at 4 Vale Drive (lot #79). This property is served by the Bartlett Bay Wastewater Treatment Facility which has sufficient capacity to handle this additional demand. If you have any questions, please give me a call. Sint erety, ..ram J �Weith, D�ector of Planning & Zoning JW/mcp State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1750-3 PIN: EJ96-0037 Landowner: LTH Associates Address: 410 Shelburne Road South Burlington, VT 05403 This project, consisting of amend Subdivision Permits #EC-4-1750 and #EC-4-1750-1 for Lot #79 to have a five bedroom single family residence, served by municipal water and sewer services, located off Vale Drive in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250 case number 4CO924 & amendments. GENERAL This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission and local officials .prior to proceeding with this project. 2. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 3. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 4. All conditions set forth in Subdivision Permit #EC-4-1750 and #EC-4-1750-1 shall remain in effect except as modified or amended herein. 5. This project has been reviewed and is approved for the construction of one five bedroom single family residence on the approved Lot #79. Construction of other types of buildings or dwellings, including public buildings, commercial buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Wastewater Management Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Subdivision Permit EC-4-1750-3 LTH Associates Page 2 WATER SUPPLY 6. The lot is approved for water supply by connection to the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. SEWAGE DISPOSAL 7. The lot is approved for wastewater disposal by connection to the municipal sewer system for a maximum of 600 gallons of sewage per day. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont on September 12, 2000. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission & Select Board Llewellyn - Howley, Incorporated Act 250 Environmental Commission #4 Sz)—60 -Grp/ CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant: L&M Partnership (John Larkin & Gerry Milot), Larkin Realty, 410 Shelburne Road, Burlington, VT. 2) Name of Subdivision: Pinnacle @ Spear 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: None 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: Variation in constructed roadway width require 'Revised Final Plat' application. Approximately 385' of roadway that was approved as 32' wide was actually constructed 30' wide (see as built site plan). Applicant requests roadway widths, as built, be approved by the City of South Burlington Planning Staff or Development Review Board. 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and containing all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. Attached 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under Section 204.1(b) for a major subdivision. None (Signature) applicant or contact person Date CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant: L&M Partnership (John Larkin & Gerry Milot), Larkin Realty, 410 Shelburne Road, Burlington, VT. 2) Name of Subdivision: Pinnacle @ Spear 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: None 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application. - Variation in constructed roadway width require `Revised Final Plat' application. Approximately 385' of roadway that was approved as 32' wide was actually constructed 30' wide (see as built site plan). Applicant requests roadway widths, as built, be approved by the City of South Burlington Planning Staff or Development Review Board. 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and containing all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. Attached 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under Section 204.1(b) for a major subdivision. None (Signature) applicant or contact person Date d To Applicants From: Sarah MacCallum, City of South Burlington RE: Project Staff Notes Date: February 16, 2000 SD-00-04 Clarification of Road Width, L & M Partnership, Final Plat for Pinnacle @ Spear Previous Action: EN? GoMo, Inc., Planned Residential Development Final Plat Approval Phase 1B, June 18, 1996 Overview: The South Burlington Planning Commission approved the application of EZP GOLFCO, INC. for construction of Phase 1B of a planned residential development consisting of 191 single family lots and 40 multi -family units, and an 18 hole golf course on approximately 452 acres of land, Dorset Street. Phase 1B consists of the creation of 75 single-family lots for development and construction of related roadways and utilities. The Commission on June 18 1996 the approved Phase 1B as depieted on a page 37 page set of plans, page two (2) entitled "Economou Farms Golf Course Plat Phase 1-8-Golf Course, Property of Economou Farms, Inc.," dated May 1996 with stipulations, One of these stipulations, noted in the Findings of Fact & Decision of August 6, 1996, was that the plans were to be revised prior to recording to show Nowland Farm Road to be constructed to full city standards (including curbs and piped drainage in all areas not adjacent to wetlands). In areas adjacent to wetland; curbs and piped drainage will not be required. The revised plans required approval of the City Planner and City Engineer-. City standards required that the road be constructed to a minimum pavement width of 32 feet (for collector roads). Nowland Farm Road was constructed to a curb width of 30 feet in some areas Issues: ■ The road has been constructed to a width less than required (241. dilTerence). The applicant is satisfied with the road as built. ■ The Director of Public Works, Bruce Hoar, has reviewed the as -built conditions and is willing to accept the road as constructed. ■ The Director of Planning and Zoning is willing to accept the road as constructed. ■ Widening of the road may further impact existing wetlands in the vicinity of Nowland Farm Road. Completeness of Plan; The applicant has submitted sufficient information for Development Review Board to consider the final plat. Streets must be labeled with their appropriate names prior to recording. Recommendation: Staff recommends that this application be authorized to proceed for final plat with the following conditions: 1.) All previous approvals and stipulations that are not superseded by this approval shall remain in effect. 2.) Additional changes to the final plat shall require approval by the South Burlington Development Review Board. DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 17, 2000 Skip McClellan Llewellyn — Howley, Inc. 4049 Williston Road South Burlington, VT 05403 Re: Clarification of Road Width, L & M Partnership, Final Plat for Pinnacle @a Spear Dear Skip: Enclosed are preliminary staff comments on the above reference project. If you wish to respond, please do so by February 25, 2000. The project is currently scheduled to go for the Development Review Board on March 7, 2000. Please be sure someone is present at 7:30PM'to represent your request. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Encls STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 OF COUNSEL PATTI R. PAGE* E-MAEL(FUtM2555@FIRMSPF.COM) ARTHUR W. CERNOSIA ROBERT E. FLETCHER WRITER'S E-MAIL (RFLETCHER@FIRMSPF.COM) JOSEPH S. MCLEAN TIMOTHY M.EUSTACE MIA KARVONIDES (*ALSO ADMITTED IN N.Y.) December 3, 1999 Charles Hafter, City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Joe Weith City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Larkin-Milot Partnership v. City of South Burlington Docket No. 168-98 CnC Dear Chuck and Joe: Enclosed please find a copy of the Judgment issued in connection with the above -referenced matter. I will be in touch with you next week to discuss the judgment and the ways in which we may proceed. I look forward to _sp6ak*ng wit' you next week. 1 REF/bjl Enclosure Son4193.cor STATE OF VERMONT Chittenden County, ss.: LARKIN-MILOT PRTNSHP V. CITY OF SOUTH BURLINGTON ENTRY SUPERIOR COURT Docket No. 168-98 CnC CNIT1fttDEN (.0'i�+Y LERK FILED INE M DIANL A i. - ALLEE CLEA Pursuant to 24 V.S.A. ch. 131, South Burlington has enacted an impact fee ordinance. The parties dispute its proper application to plain- tiff's development, which somewhat predates the ordinance enactment in 1995. We are therefore faced with the legal issue of interpreting the ordinance, in the context of an evolving subdivision process. Plaintiff submitted an application for plat approval on its Spear Street development and received subdivision approval in 1992. At that time, South Burlington had no ordinance providing for impact fees, but had initiated a practice of "routinely including" $200 per lot fees on final permit issuance. It had "begun developing an impact fee that same year, but did not actually adopt such a fee ordinance until January, 1995. Prior to that official adoption, South Burlington officials negotiated with plaintiff on the subject of its contribution to what we might call the City's "recreation capital." Specifically, officials sought the developer's contribution of land and costs for extending its recreation path through the new development. An agreement was reached, reflected in ¶20 of the Planning Commission's "Findings:" A credit of $22,000 should be given the applicant for con- struction of the portion of the proposed recreation path ... This translates to $300 per lot. Based on the current recre- ation impact fee of $200, the applicant would not pay a recreation fee since the credit is more than the actual fee. If in the future the City adopts a recreation fee of more than $300 per lot, then the applicant would be required to pay the differ- ence. The final "Condition" of the subdivision approval required plaintiff to construct the recreation path. Apparently, it did. That subdivision approval was formally issued in December, 1993. After the January, 1995 enactment of the impact fee ordinance, South Burlington quickly took up some amendments thereto. It now agrees that these amendments were developed to deal with the issue of fairness to developments which were already ongoing under the earlier impact fee arrangement. In April, 1995, an amendment was passed which included paragraph 3(B)(5): This impact fee shall not apply to land development as de- scribed in subparagraph (1) which: (a) is for development within a subdivision that received final plat approval under the South Burlington Subdivision Regula- tions prior to January 9, 1994, which subdivision approval 2 contained a condition requiring payment of fees to the City for the purpose of funding recreation improvements; and (b) the fees specified in the subdivision approval were paid to the City in accordance with the terms of the approval; and (c) a permit is issued for the development under South Burlington Zoning Regulations on or before January 9, 2005. The parties refer to this amendment as the "Grandfather Clause." Plaintiff began obtaining zoning permits later in 1995, and received 21 such permits over the course of two years, always benefitting from the "$300 credit" it had against the old ' $200 fee," before City officials concluded that it should pay the much higher impact fees enacted under the ordinance. So the issue is joined: Plaintiff developer maintains it is entitled to the benefits of the Grandfather Clause; South Burlington contends that plaintiffs only payment under the old Subdivision Approval was the application of a credit which was always understood to be good only so far as it went, it the fee went up, the credit was only for $300. Initially, we conclude that this is an appropriate case for summary judgment. The court's obligation is to interpret and apply written instru- ments, in one instance the subdivision approval, in the other the later, Grandfather Clause ordinance. The interpretation of such documents is pre- eminently a question of law, unless one of them is found to be ambiguous. But we decline to find that either is ambiguous, although there may be some level of conflict between the two. Neither party argues that one or the other cited instrument, standing alone, is capable of two reasonable interpreta- tions, which requires resort to extraneous sources in order to reach a proper understanding. The Grandfather Clause ordinance is as binding on the City and its inhabitants as are the general laws of the State on its citizens. 5 E. McQuil- lin, Municipal Corporations (3d ed. 1996), § 15.14. Words in ordinances are to be given their plain meaning. Badger v. Town of Ferrisburgh, 712 A.2d 911 913 (1998). If the meaning of the ordinance is clear from its plain language, it will be enforced according to its terms. Houston v. Town of Waitsfield, 162 Vt. 476, 479 (1994). South Burlington does not argue that the Grandfather Clause, standing by itself, somehow excludes plaintiff's development. We accept its implicit concession that the Clause's language does apply to the Spear Street project. That project constitutes land deve- lopment which • is within a subdivision which received final plat approval prior to January 9, 1995; • within that approval required payment of fees to the City for the purpose of funding recreation improvements; • the specified fees were paid; and • final permit has been issued before the 2005 cutoff date. What the City contests is whether the middle two elements are vitiated by the subdivision approval language anticipating future fees higher than the $300 credit. When the Planning Commission detennined to require plaintiff to construct a recreation path within its development, it was clearly and explicitly in lieu of the then -customary $200 fee. It is uncontested that the construction was completed. Hence, the question for us is whether a "fee in kind" should somehow be treated differently than one in cash. We certainly see no reason to do so. South Burlington could, presumably, have extracted a simple $200 per lot from plaintiffs, as it apparently did from all other applicants. Instead, it reached an agreement seemingly more favorable to the City, for path construction. Indeed, the City concluded the agreement was worth fully 50 percent more than the contemporaneous fee. We therefore conclude that, in 1993, a fee was charged and, subsequently, it 4 was paid. We do not overlook the qualification included in the subdivision approval that the $300 path credit was something less than a "Paid in Full." The City reserved the right to increase the fee at some future time, and plaintiff evidently accepted that qualification, for it failed to appeal the approval. But inclusion of the qualification does not mean that no fee was exacted, or none paid. Something was exacted, and what was so wrested was indeed paid. It is against this background that the Grandfather Clause was crafted and enacted. South Burlington also argues extensively that the fee is not actually imposed until a permit is issued, and that its regimen provides for only one permit —the zoning/building permit. We have in mind that subparagraph (b) of the Grandfather Clause is written in the past tense ("were"), suggesting that it might not govern cases in which the fee has not yet been paid. But such an interpretation would put (b) at odds with (c), which looks forward until 2005 for the period in which lots could be grandfathered. Reading the (b) and (c) as part of a whole, as we must, it must be interpreted as provid- ing protection to lots for which the predetermined fee is paid, when due. In sum, we conclude that South Burlington could have written a different Grandfather Clause, or could have (legally) declined to enact one at all. Instead, it enacted one which plaintiff's project satisfies. As it comes later than the subdivision qualification, and binds the City, we conclude that the Clause must govern, standing on its own. As such, it exempts plaintiff's Spear Street project from further impact fees. W1 Plaintiff's request for declaratory relief is granted. If a formal declaratory judgment is required, plaintiff should submit a proposal within ten days. Dated at Burlington, Vermont, December j , 1999. 2 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (902) 660-2555 (VO]CErMD) STEVEN F. STTT2EL FAX (802) 660-2552 PATTI R. PAGE* E-MA1L(FIRM255$ MSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (RF1 EFFCF>O F RMSPF.COM) IOSEPH S. MCLEAN TIMOTHY M. EUSTACE MIA KARVONIDES ('ALSO ADMRTID 1N N.Y.) HAND DELIVERED December 15, 1999 Diane A. Lavallee, Clerk Chittenden Superior Court 175 Main.Street PO Box 187 Burlington VT 05402-0187 OF COUNSEL ARTHUR W. CERNOSIA Re: Larkin-Milot Partnership v. City of South Burlington City Council Docket No. S168-98 Cnc Dear Diane: Enclosed for filing with regard to the above -captioned matter is Defendant's Motion to Alter or Amend the Entry Order and Objection to Proposed Judgment Order, Affidavit of Joseph Weith, and my Certificate of Service evidencing service on the Plaintiff. REF/bj1 Enclosure cc: Dennis Pearson, Esq. Joseph Weith s=4199. cor STATE OF VERMONT CHITTENDEN COUNTY, SS LARKIN MILOT PARTNERSHIP, ) Plaintiff ) V. ) ) CITY OF SOUTH BURLINGTON ) CITY COUNCIL, ) Defendant. ) Chittenden Superior Court Docket No. S168-98CnC CERTIFICATE OF SERVICE I, ROBERT E. FLETCHER, hereby certify that I served a copy of the City of South Burlington's Motion to Alter or Amend the Entry Order and Objection to Proposed Judgment Order and Affidavit of Joseph Weith, dated December 15, 1999, upon Plaintiff's attorney, Dennis Pearson, Esq., whose address is 76 St. Paul St., PO Box 369, Burlington, VT 05402-0369, by causing a copy to be placed in U.S. Mail, postage -prepaid, this /S*�'day of December, 1999. DATED at Burlington, in the County of Chittenden and State of Vermont, this �� y of December, 1999. son609.1it.LMP STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON. VERMONT W,402.1507 By: 1 Robert E.'Fl6tzher STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402.1507 STATE OF VERMONT CRITTENDEN COUNTY, SS. LARRIN-MILOT PARTNERSHIP, ) Plaintiff ) CITY OF SOUTH BURLINGTON, ) Defendant. ) Chittenden Superior Court Docket No. S168-98CnC SECOND SUPPLEMENTAL AFFIDAVIT OF JOSEPH WEITH I, JOSEPH ►aEITH, being duly sworn, hereby depose and state on my personal knowledge: 1. I am the Director of Planning and Zoning for the City of South Burlington, and I an familiar with the subdivision known as Pinnacle at Spear. 2. The proposed recreation path described in paragraph 5 of the Final Plat Approval issued by the City of South Burlington Planning Commission for Pinnacle at Spear, dated December 21, 1993, was never constructed by Plaintiff and does not exist. DATED at South Burlington, Vermont, this day of December 1999. 1' Subscribed and sworn to before me this day of December 1999. r ` Notary Pu lic son&08.1it.LMP.2daffid STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 17) BATTERY STREET Y.O. BOX 1507 BURLINGTON. VERMONT 05402-1507 STATE OF VERMONT CHITTENDEN COUNTY, SS LARKIN MILOT PARTNERSHIP, ) Plaintiff ) V. ) ) CITY OF SOUTH BURLINGTON ) CITY COUNCIL, ) Defendant. ) Chittenden Superior Court Docket No. S168-98CnC DEFENDANT'S MOTION TO ALTER OR AMEND THE ENTRY ORDER AND OBJECTION TO PROPOSED JUDGMENT ORDER NOW COMES the Defendant, City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C., and respectfully moves this Court pursuant to Civil Rule 59(e) to alter and amend its Entry Order in this case, dated December 1, 1999, as that Entry Order is premised upon manifest factual error apparent in the record and amendment or alteration thereof is necessary to avoid injustice. On the basis that the Entry Order is premised upon manifest factual error apparent in the record and amendment or alteration thereof is necessary to avoid injustice, the Defendant hereby objects to the proposed Declaratory Judgment Order submitted by the Plaintiff under cover dated December 7, 1999. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON. VERMONT 05402 IS07 MEMORANDUM IN SUPPORT Civil Rule 59(e) permits a party to seek to have the trial court alter or amend its judgment when there is a sufficient, substantive reason. V.R.C.P. Rule 59(e). Such a motion must be served "not later than 10 days after entry of the judgment." V.R.C.P. Rule 59(e). "Rule 59(e) gives the court broad power to alter or amend a judgment on motion within ten (10) days after entry thereof .... Vermont courts previously exercised the power at any time to amend, alter, or vacate judgments on grounds similar to those embraced in Rule 60. See, Haven v. Ward Estate, 118 Vt. 499, 114 A.2d 413 (1955)(error in the record); Haskins v. Haskins Estate, 113 Vt. 466, 35 A.2d 662 (1944)(fraud or mistake)." V.R.C.P. Rule 59, Reporter's Notes. Rule 59(e)1 is available to permit the trial court to revise its initial judgment so as "to relieve a party against the unjust operation of a record resulting from a mistake or inadvertence of the court 1 Rule 59 in the Vermont Civil Rules is substantially similar to Federal Rule 59. V.R.C.P. 59, Reporter's Notes. Referring to the federal rule, commentators Wright, Miller and Kane state that a Rule 59(e) motion is appropriate if it "request[s) a substantive alteration of the judgment, not merely the correction of a clerical error, or relief of a type wholly collateral to the judgment." 11 Wright, Miller and Kane, Federal Practice and Procedure: Civil 2d, §2810.1. These same commentators indicate that there are basically four grounds upon which a Rule 59(e) Motion may be granted, including: to correct manifest errors of law or fact upon which the judgment is based; to present newly discovered or previously unavailable evidence; to prevent manifest injustice; and an intervening change in controlling law. id. E STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON. VERMONT 05402-1507 and not the fault or neglect of a party." Osborne v. Osborne, 147 Vt. 432, 433, 519 A.2d 1161, 1163 (1986), quoting Haven v. Ward Estate, 118 Vt. 499, 502, 114 A.2d 413,415 (1955). Rule 59(e) also provides the trial court with an opportunity to correct an "obvious oversight" rather than requiring the parties to prosecute an appeal. Lewis v. Cohen, 157 Vt. 564, 572, 603 A.2d 352, 356 (1991). The City's Motion is timely, and substantively appropriate under these several standards. In its "Entry" of December 1, 1999, the Court determined that the subdivision project at issue, "Pinnacle at Spear", should have the benefit of the so-called "grandfather clause" in the City's impact fee ordinance. In reaching this conclusion, the Court construed the final plat approval issued for the project as a "contract" between the City and the Plaintiff. Under this presumed contractual arrangement, Plaintiff was to have constructed at its own cost a recreation pathway ("Rec Path") within the subdivision/development (but outside the City's street rights -of -way), in exchange for which the City would give the Developer "credit" against recreation impact fees related to the development of lots within the subdivision. The Defendant City contends that the factual premise for the Court's Entry Order is manifestly erroneous, that correction of 3 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05<02-1507 the error will significantly affect the outcome, and that failure to correct the error will work a manifest injustice on the Defendant. The interests of justice will be best served if the Court corrects that error now, rather than having the parties proceed to an appeal. 1. The Court's Entry Order of December 1, 1999 is Premised on a Manifest Factual Error. The Court's December 1, 1999 Entry Order is premised on the erroneous conclusion or assumption that the Plaintiff in fact constructed the Rec Path, and did so prior to the adoption of the City's impact fee ordinance on January 9, 1995 (the "Ordinance"). For example, the Court states in its Entry Order that the "final `Condition' of the subdivision approval required plaintiff to construct the recreation path. Apparently, it did." Entry Order, at 2 (emphasis added). And again, the Court states that "[i]t is uncontested that the construction [of the Rec Path] was completed." Id., at 4. To the extent that the Court was under the impression that the Defendant received the "benefit of its bargain" from Plaintiff, and that the Plaintiff had built the Rec Path, the Court was mistaken. Indeed notwithstanding the Court's statement that "[s]omething was exacted, and what was so 4 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 77] BATTERY STREET P.O. Box 1507 BURLINGTON. VERMONT 05402-1507 , 1 wrested was indeed paid," Entry Order, at 5, the record in this matter demonstrates that the Rec Path was never built. On September 1 998, Plaintiff was granted an amendment to the final plat approval for the project. That amendment relieved Plaintiff of the obligation to build the Rec Path for the project AND eliminated the impact fee credit associated with that construction. Affidavit of Joseph Weith, J16 (March 31, 1999). A true and correct copy of that Planning Commission's decision approving that amendment, signed on October 13, 1998, was attached to Mr. Weith's Affidavit and marked as City Ex. 6.2 The Plaintiff concedes the authenticity of City's Ex. 6, see, Plaintiff's Response to Defendant's Rule 56(c) Statement of Undisputed Facts, at 116, and acknowledges the adoption of that amendment and the substance thereof in its own filing with the Court. Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment, at p. 2, fn. 2 (May 27, 1999) ("Plaintiff's Memorandum"). The Court suggests in its Entry Order that the City and the Plaintiff had a "contract" pursuant to which the Plaintiff's construction of the Rec Path was to be "full consideration" to 2 A copy of Mr. Weith's March 30, 1999, affidavit and the amendment to the final plat approval dated October 13, 1998 are attached hereto. 5 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, XTHMONT 0540Y-1507 the City in lieu of its recreation impact fee for lot development within the subdivision. In keeping with the analogy, the City and the Plaintiff amended their "agreement", as they are free to do, on September 1, 1998 to relieve the Plaintiff of the obligation to build the Rec Path, the "consideration" for which was the Plaintiff's forfeiture of the $22,000 credit against the City's recreation impact fees. Although there is a statement in a footnote in the Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment, Plaintiff's Memorandum, p. 9, fn. 6, to the effect that the Rec Path was constructed, that statement is unsupported by any direct evidence and is not replicated or asserted in Plaintiff's Statement of Material undisputed Facts; it is utterly false. The Rec Path specified in the final plat approval for Plaintiff's project at Pinnacle at Spear was never built. In support thereof, the Defendant offers the following. First, the September 1, 1998, amendment to the final plat approval for Pinnacle at Spear relieved Plaintiff of its obligation to build the Rec Path. Neither party disputes that this amendment was made. It is obvious that the Rec Path had not been built by Plaintiff prior to the time of that amendment, otherwise Plaintiff would not have sought the amendment, nor 6 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 371 BATTERY STREET PO. BOX 1507 BURLINGTON, VF,RMONT 054021507 forfeited $22,000 of credit against the City's recreation impact fees. Having been relieved of the obligation to build the Rec Path, and having forfeited the $22,000 credit associated therewith, it is illogical to assume or conclude that Plaintiff nonetheless built the Rec Path. Second, the Defendant encloses herewith an affidavit from Joseph Weith, the Planning Director for the Defendant City. The Defendant contends that this affidavit is simply confirmation of facts already implicit, if not explicit, in the record. To the extent that the Plaintiff may object to the submission of the affidavit, the Defendant respectfully requests that it be permitted to supplement its earlier materials through this submission so as to clarify this single fact. It is in the interest of justice and the proper administration of courts that this affidavit be accepted by the Court. Furthermore, the Plaintiff must prove, through proper evidence, that the path was built in order to have the benefit of the Court's Entry Order. This, the Defendant submits, the Plaintiff has not done, and cannot do. The fact that the Rec Path was not built causes the Entry Order to contain a material factual error and produces a result that is manifestly unjust. 7 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 1'1 BATTERY STREET P.O. BOX 1507 BURLINGTON. YERMONT 05402-1507 The City has assessed and collected the recreation impact fee as lots are "developed" within the subdivision. As the Court noted, the City "reserved the right to increase the fee at some future time, and plaintiff evidently accepted that qualification, for it failed to appeal the approval." Entry Order, at 5. Inasmuch as it is undisputed that all development in the subdivision has occurred after adoption of the ordinance, Defendant City of South Burlington's Statement of Material Facts Not In Dispute, III and cited sources, the Court should declare that the City is entitled to assess and collect the recreation impact fees specified in its impact fee ordinance as lots within the Plaintiff's subdivision are developed. Furthermore, the Plaintiff, through subsequent amendment to the final plat approval, secured approval to develop seven (7) additional lots. This amendment was approved September 1, 1998, long after the adoption of the impact fee ordinance and simultaneous with the recission of the Rec Path "credit". At the very least, the City must be permitted to assess and collect the impact fee calculated under the ordinance when each building/zoning permit for these additional lots is applied for and issued. 8 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTER)' STREET P.O. BOX 1507 BURLINGTON. VF,RMONT 04402-7507 The City had no knowledge of the possible creation of these several lots at the time that it made its "contract" with the Plaintiff. They were not part of the Plaintiff's original proposal to the City's Planning Commission, and hence cannot benefit from the Court's "contract" analysis of this case. Also, the numerical computation of the credit for the abandoned recreation path was premised on 71 lots at $300 per lot ($22,000 total cost to construct). If these later lots had been included in the computation, the per -lot -credit would have been reduced from $300 to $275. Nowhere in the record does there appear reference to a credit of $275 per lot. 2. The City Does Not Concede the Applicability of the Grandfather Clause to the Instant Project. The Court suggests in its Entry Order that the City concedes that the Plaintiff's project meets the criteria specified in the grandfather clause of the Ordinance. The City respectfully disagrees that it has made that concession. Part II of the City's Motion for Summary Judgment dated March 31, 1999 details the City's analysis of this project vis a vis the grandfather clause in the Ordinance_ Reduced to its essence, the City's contention is that the grandfather clause does not apply to the project. And, even if found to be 0 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAN' 171 BATTERY STREET P O. BOX 1507 BURLINGTON, VERMONT 05402-1507 applicable, the grandfather clause does not affect in any fashion the recreation impact fees payable by the Plaintiff. By operation of the specific provisions of the final plat approval for Pinnacle at Spear, the developer of each lot in Pinnacle at Spear must pay the recreation impact fees in effect at the time that lot is developed whether the grandfather clause is applicable to the project or not. 3. The Defendant Objects to the Proposed Declaratory Judgement Order Submitted by the Plaintiff. In its Entry Order, the Court invited the Plaintiff to submit a proposed Judgment Order for the Court's consideration within ten days of the date of the Entry Order. The plaintiff accepted that invitation, and submitted a Declaratory Judgement Order with an accompanying cover letter on December 7, 1999. The Plaintiff's proposed Order must be rejected because, as discussed above, the Entry Order itself is erroneous and unjust. Hence, issuance of a Declaratory Judgment Order premised thereon is improper and unjust. CONCLUSION The City respectfully requests that the Court alter and amend its Entry Order to (1) reflect the fact that the Rec Path which Plaintiff was originally obligated to build was never built 10 (2) account for the Plaintiff having been relieved of the obligation to build the same. Further, Defendant, for the reasons herein set forth, objects to the proposed Declaratory Judgement Order submitted to the Court by the Plaintiff under cover letter dated December 7, 1999 pursuant to Civil Rule 58. DATED AT Burlington, Vermont this /J } day of December 1999. son606.1it.LMP.MotRecon STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON. VERMONT 05a021507 By: � Z. rit--k-c:uer, r,sq. STITZEL, PAGE & FLETCHER, P.C. 171 Battery Street P.O. Box 1507 Burlington, Vermont 05402-1507 (802) 660-2555 11 STATE OF VERMONT CHITTENDEN COUNTY, SS ) LARKIN MILOT PARTNERSHIP, ) Plaintiff ) V. ) ) CITY OF SOUTH BURLINGTON ) CITY COUNCIL, ) Defendant ) ) Chittenden Superior Court Docket No. S168-98 CnC AFFIDAVIT OF JOSEPH WEITH I, JOSEPH WEITH, being duly sworn, hereby depose and state on my personal knowledge: 1. I am the Director of Planning and Zoning for the City of South Burlington, Vermont. 2. As the Director of Planning and Zoning, I an familiar with the above -referenced matter, and I an the custodian of the records fcr the Planning and Zoning Department. 3. At all times material to this matter, the City of South Burlington has had duly adopted Zoning and subdivision regulations in effect. 4. In 1992, Plaintiff, Larkin Milot Partnership, submitted an application to the City for plat approval to subdivide 66.7 acres of property it owned on the east side of 1 Spear Street as a planned residential development consisting of 73 single-family lots to be known as "Pinnacle at Spear." 5. The City began the process of developing an impact fee ordinance in late 1992, when it retained consultants to prepare a capital budget and program, and an impact fee program for transportation, recreation and education capital facilities. The City Council adopted the capital budget and program in October 1993. 6. By written decision dated December 21, 1993, the City's Planning Colrimission issued its written Findings of Fact & Decision with respect to final plat approval for Pinnacle at Spear, and that approval was not appealed. A true and correct copy of the Planning Commission's Findings of Fact & Decision is attached hereto, and labeled as City's Exhibit ul. 7. A draft of the impact fee ordinance was presented to the City Council in November 1994. After a public hearing, on January 9, 1995, the City Council adopted an impact fee ordinance. A true and correct copy of the ordinance as enacted in January 1995 is attached hereto and labeled as City's Exhibit #2. 8. The staff of the City's Planning and Zoning Office prepares Staff memoranda on each subdivision project submitted K to the Planning Commission. These memoranda are sent to the Planning Commission as well as the applicant/developer. 9. During the pendency of the final plat application for Pinnacle at Spear, I regularly informed the Planning Commission of the City's progress on the adoption of a capital budget and plan and an impact fee ordinance. I advised the Planning Commission of the need for flexibility in the wording of the final plat approval for Pinnacle at Spear with respect to the recreation impact fees. 10. On February 8, 1995, I wrote a letter to Gerald Milot, a principal of the Plaintiff, informing him of the adoption of the Ordinance by the City Council and of its applicability to Pinnacle at Spear. A true and correct copy of that letter is attached hereto and labeled as City's Exhibit f3. 11. During the 1980s and the early 199os, prior to the adoption of the Ordinance, the Planning Commission customarily specified in its urritten findings and decision that a recreation impact fee of S200 per residential lot/unit in a subdivision, or the dedication of land in lieu of the fee, would be required for each subdivision project. A true and correct copy of the written Findings of Fact & Decision, dated 0 December 11, 1990, for a project undertaken by Gerald Milot and John Larkin is attached and labeled as City's Exhibit 14. 12. On April 9, 1998, the City Council approved an amendment to the Ordinance affecting recreation impact fees. The effect of this amendment was to suspend the application of the fee formula in the Ordinance to certain eligible projects, and to reinstate any condition pertaining to recreation impact fees contained in the final plat approval for such a project. A true and correct copy of the Ordinance, as amended, is attached hereto and labeled as City's Exhibit r'5. 13. For each of the first twenty-one (21) zoning permits issued for development of a residential lot/unit in Pinnacle at Spear, the City Zoning Administrator erroneously assessed a recreation impact fee of $200 per unit. After application of the $300 credit, the Zoning Administrator collected no fees. 14. Plaintiff appealed the applicability of the recreation impact fee in the Ordinance to residential development in Pinnacle at Spear to the City Council in November 1997. The decision of the City Council is appended to the Plaintiff's Complaint as Exhibit E. 15. Plaintiff has applied for six (6) revisions to the final plat approval for Pinnacle at Spear since January 11, 4 1994. The Plaintiff has never asked for a revision to the condition specifying the recreation impact fee payable to the City for land development within Pinnacle at Spear. 16. By decision dated September 1, 1998, the Planning Commission approved a revised final plat approval for Pinnacle at Spear permitting the Plaintiff to•add seven (7) additional lots and to re -subdivide twenty-two (22) lots. Also, the Plaintiff was relieved of the obligation to build a recreation path outside the public right-of-way. As a result, the $300 per lot credit was nullified. A true and correct copy of the revision to final plat approval is attached and labeled as City's Exhibit z6. 17. Final plat approval allows the identified lands) to be subdivided; it does not authorize any other land development such as building or infrastructure construction. DATED at South Burlingt March, 1999. f Subscribed and sworn to before me this day of March, 1999. saaj . a J_ 4,11� Notary Public 5 FENDI?N•GS OF FACT & DECISION STATE OF VER�sONT COUNTY OF CMTTENDEN CITY OF SOUTH BU-RLiNGTON Re: Findings of Fact, application of L&M Patnership to amend a previously approved plan for a 73 planned residential development, Spezr Street (Pinnacle a@Spez). The amendment consists of 1) adding seven (7) lots for a total of 80 lots, and 2) resubdi»ding Menty two (22) lots along proposed Vale Drive. On the 1' day of September, 1998, the South Burlington Planning Commission approved the request of L&?%4 Pa.-tnership for rep, ised Lnal plat approval under Section 204 of the South Burl-ington Subdivision Rezulations based on the follov,Lng endings: 1. This application was continued -om Lhe 7uly 21, 1998 meeting to provide the applicant a.% opportunity to revise the plan in response to comrnents made by area residents. This project consists of amending a plan previously approved on 8/10/93 for a 73 lot planned residential development. The amendment consists of: l) adding seven (7) lots for a total of 80 lots, and 2) the r esubdivision of tv.,enty two (22) lots. The ske,ch plan was reviewed on 3/10/98 . 2. This property known as " Pinnacle at Spear" is located on the easterly side of Spear Street. It is bounded on the west by Spear Street and several single family residences, on the north and south by undeveloped property, and on the east by a residential portion of the golf course. 3. Access: Access to the a; ditional even (7) lots would be,,;,a an approved 1,100 foot long cul-de- sac street known as Vale Drive. This cul-se-sac strew would be extended an additional 600 feet. The maximum length allowed under Section 401.1(g) of the subdivision regulations is 850 feet. The Planning Commission as part of the 8/10/93 approval granted a waiver for the additional lenmIL This request would lengthen the cul-de-sac street to 1700 feet. This street would now serve 29 Jots. This cul-de-sac street would no longer be a cul-de-sac street when the adjacent residential development on the golf course is constructed. The reserved r.o.w. for future street ea-tersi0, to the north would remain. 4. The applicant should be responsible for building the portion of the connector road (Dorey Road) that lies on his property. Stagy sl)pp that permits for the seven (7) additional lots not be issued until Dorey Road is consi.Tucled. i ne golf course developer vzll be responsible for building the portion of the road that lies on his land. 5. Similarly, the applicant should be required to construct Nowland Farm Road to his easternmost Properly line since this uill eventually be connected to a part of the golf course development. 6. Densi v: The maximum der.sY allowed under Section 26.152(b) of the zoning regulations is 80 _ " = EXHIBIT_. - units (66.7 acres x 1.2 unitsAcre = 80 units) and 80 unts are proposed. 7. Sewer: The additional sewer 11location re quested is 3du 619 gpd (tEs includes the 20% rection allowed by the State). The applicant kill be required to pay the per gallon fee prior to permit issuance. On 719/97 the condition reSardung sewer zillocation was amended to read as foDows: "The Commission approves a total sewer allocation of 46,957 gpd for this development. The length of time that this sewer allocation approval shall r 21.rt in effect shall be tied to roadway construction. The roadway ser-ving this development shall be completed by December 21, 1998. The sewer allocation for any lots served by roadways which zre not completed by 12/21/98 shall be lost unless reapproved by the Plannung Comznission." The additional allocation now brings the total sewer allocation for the development to 50,576 gpd. S. • Street lights: tr\'e (S) 1 Z0 watt h-,C�h pressure sodium lamps 3ounied on 20 foot poles N.'lth do,Amcming shielded fimres are proposed long Vale D;;ve. 9. Landscaping: The additional landscaping proposed has an estimated v>>ue of S32,460. This landscaping includes street trees and site landscaping. The landscaping plan for t_he ent�ire development has been revised to show all existing landscaping "as -built" in addition to the proposed landscaping. 10. ImD-ect fees: The applicant was ; ;tide F%v ; e that these additional lots -,%ill be subject to school, recreation and road impact fees. Since the Rec;ertion Path Ccmnruttee is no longer recornmending that the path be constructed by this developer, there should no longer be a S300 credit per lot applied to the recreation impact fee for any lot in the entire development. 11. Recreation Path: Condition ='21 cf :'re 8/10193 app; cva3 required that the recreation path between Vale Drive and Pinnacle Drive be constructed when either of these streets was constructed. This recreation path has not been constructed as required. As indicated above, the Recreation Path Committee is no longer recommending irat this path be constructed.-. Staff suggested that the easement be shii<ed to the west so that it doesn't directly abut house lots in the golf course development. 12. 'Nlon-buildable area: All or po;tiors of new lots 63 - 67 and 69 are located AMain the restricted area as shown on the SEQ zoning map. Se; --ion 6.606 of the zo;ping r eguladons requires the Planning Commission to review proposed development activity or the location of residential development lots in a restricted area according to crite;;a contained in this sermon The applicant submitted a s'.atement addressing these criteria . 13. 1Yetlands: The plan slows the wetland boundary located west of Vale Drive including the C.O. District/wetland buffer. No P0,71 on of any lot v U extend into this C.O. District. 4. View protec►ion Zone: The pla.-) shows the boundaries oithe Dorset Park Scenic View Protection Overlay District. The applicant submitted an updated mtrx 10 include the new lots which indicates the height lirrLt on each lot. This Teti;sed documnent should be recorded in the land records. This matrix should be re-,T,sed to include 1180 lots -wAhin the development, since the zoning has changed since the original matrix was developed. 1 S. Lot sizeJfrontage: The manimum lot size requirement is 12,000 square fe; . All the resubdivided : Iots in addition to the new lots will meet the minimum lot size requirement. The minimum frontage requirement is 80 feet. ,All the resubdi-,sided lots in addition to the new lots kill meet the mini-njm frontage r equi; ernent. 16. School imoact: A letter from the School Superintendent addressing the school impact was submitted . 17. PRD/PL-D reaorl: The applicant submitned a statement addressing the PRDJPL-D criteria in Section 26.151 of the zoning regulations. DECISION & CONIDMONS Based on the above Findings of Fact, the South Burlington Pla_uL ng Ca. *rission approves the Lnal plat application of UNI Partnership to amend a previously approved plan for a 73 lot planned residential development, Spear Street (Pinnacle @Spear). The arnerdment consists of )) adding seven (7) lots for a total of 80 lots, and 2) resubdi»ding 22 lots, Spear Street, as depicted on a 23 Page set of plans page one (1) entitled, "Final Plat for Subdivision of Property of Gerald NUot and John Laskin Pinnacle @Spear (Formerly Howland Two) Spear Street South Burlington, Vermont" prepared by Button Associates, dated 8/21/981 last revised August, 1998 v,-ith the fokAing stipulations: l . All previous approvals and stipulations which are not superseded by this approval shal remain in effect. 2. In accordance with Sc-- tion 6.602 of the South Burlington Zoning Regulations, the Planning Commission approves the creation of lots for development upon land designated as "restri�ed area" on the Southeast Quadrant Oivcial Zoning Map. It is the Commission's opinion that based on information submitted by the applicant the proposed development vtU not adverse)y aff'en wetlands on the property. 3. Pursuant to Section 5) 3 of the subdivision regulations, the Planning Commission waives the 850 foot cul-de-sac street limit provided in Section 401.1(g) of the subdivision regulations and approves extending the length of the cul-de-sac street to 1700 feet. 4. The applicant shall be responsible for constructing that portion of the connector road (Dopey Road) which lies on his pr ope,- y. Zoning permits for the seven (7) additional lots Oots; 63.69) shall 3 not be issued until Dorey Road is constructed t=:;cuQh to tour Sisters Road. $- The applicant shall be responsible for constructing N'owland Fay Road to Es easternmost propery line. In the vicin3y of the e-sterm-nest property line, the roadway shO be const:ructed in accordance u,;th the plans appr cved on 7/14/98 for the JANI GOLF LLC (see Sheets C2-4 and C- 18). The road shall be constricted to the ea-rternmost property lime prior to the occupancy of any residertial structures on Vale Drive. 6. The Comrr3ssion approves a total sewer allocation of 50,576 gpd for this developmert. The length of time that this sewer allocation approval shall remain in ei=,ect shall be tied to roadway construction. The sewer allocation for arty lots served by roadways which are not completed by 12/21/98 shall be lost unless reapproved by the Planning Commission. 7. The applicant shall no longer be reeuired to corstnuct that portion of the recreation path located outside of any public street -night-of-way. The S300 credit per lot previously approved is hereby eliminated. 8. Prior to the issuance of a zoning permit for a.-uy lots on Vale Drive, the applicant shall post a S32,460landscape bond for proposed street trees. The bonds shall remain in effect for three (3) years to assure that the proposed landscaping has taken root and has a good chance of sur*;virg. 9. Legal documents for the revised Vale Drive and Dorey Road (i.e., irrevocable offer of dedication) and easements (e.g., utility easements and recreation path easement) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington Land Records prior to issuance of any zoning permits. 10. A "Notice of Condition" addressing the height'limitztions for structu- es and landscaping on all 80 lots shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to recording the fina] plat plans. l 1. In accordance with Section 301.5 of the subdi,,ision regulations, vs.'ithil-u 14 days of completion of required improvements (e.g., streets, water mains, sanitary sewers, storm drains, etc.), the developer shall submit to the City Engineer "as -built" construction drav,-irugs certil!ied by a registered engineer. 12. The plat plans shall be revise is show the &,L-1Qes liste4 below and shall require approval of the City Planner. Three (3) copies of the approved revised plat plans shall be scab. -muted to the City Planner prior to recording. I. The recreation path easement shall be shified so as to meander through the center of common land D. A y 2. The survey plat shall be a-nended to show the recreation path ersement as an easement, not pan of the public r.o.w. 13. A bond for streets, side-,va ks, sewer and eater shall be posted prior to issuance of a zoning permit. The amount of the bond shall be approved by the City Engineer. 14. No zoning permit will be issued for a lot until the stjeet serving &,at lot has a gravel sub -base installed in conformance with City specifications. 15. The seven (7) additional lots (lots -63 - 69) shall be subject to school, re.creztion and road impact fees. 16. Any change to the final plat plans shall require approval by the Sown Burlington Planing Commission. 17. The final plat plans (sheets 1= 1 of 9, 2 of 9 and the survey plats) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the City Planner. Chairman or Clerk South Burlington Pl 'ng Commission ate STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802 DD) STEVEN F. STITZEL FAX (802)(VOICE660-25552 PATTI R. PAGE' E-MAR.(FIRM2555@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (RFLE CHER@FIRMSPF.COM) IOSEPH S. McLEAN TIMOTHY M. EUSTACE MIA KARVONIDES ('ALSO ADMITTED IN N.Y) December 15, 1999 Charles Hafter, City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Ray Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Joseph Weith City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: MBL v. City of South Burlington Dear Chuck, Ray and Joe: OF COUNSEL ARTHUR W. CERNOSIA We received the enclosed Notice of Hearing regarding our Motion for Summary Judgment and the Plaintiff's response in the above -referenced matter. The purpose of this hearing is to clarify for the Court the differences between Dorset Farms and Pinnacle at Spear. I feel that a City representative should attend this hearing. The hearing is scheduled for January 12, 2000 at 10:30 a.m at the Chittenden Superior Court. The court has allotted twenty (20) minutes for the hearing. Please contact me and let me know who may be able to attend. I look forward to hearing from you. Thank you. Sinc y/o Robeft t. Fletcher REF/bjl Enclosure son4200.cor 1 STATE OF VERMONT CH_ITTENDEN SUPERIOR COURT DOCKET NUMBER: S0392-98 CnC MBL Associates VS City Of So. Burlington ENTRY REGARDING MOTION TITLE OF MOTION• DEF'S "LOTION FOR SUMMARY .IUDGMENT �CED EMD�EN IN CL DATE MOTION FILED: 4/01/99 RESPONSE FILED: Dennis R. Pearson, Esq. DEC - 8 I9�-9 DIANL A. LAWLEE CLERK 5/28./99 PLTF'S OPPOSITION GRANTED COMPLIANCE BY NI ED M SCHEDULED FOR FIEARI:1r; 0?4:��U11��Gy AT •'✓� :TIME ALLOTTED C--v OTHER ��11 /14 m SUPERIOR COt1t:. Jc;E D� — — 1 COPIES SENT T'O: Dennis R. Pearson, Esq. Robert E. Fletcher, Esq. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICETPDD) STEVEN F. STITZEL FAX (802) 660-2552 OF COUNSEL PATTI R. PAGE* E-MAIL(FIRIv1255 @FIRMSPF.COM) ARTHUR W. CERNOSIA ROBERT E. FLETCHER WRITER'S E-MAIL (RFLETCHER@FIRMSPF.COM) JOSEPH S. MCLEAN TIMOTHY M. EUSTACE M1A KARVONIDES AMANDA S.E. LAFFERTY ('ALSO ADMITTED IN N.Y.) January 11, 2000 Diane A. Lavallee, Clerk Chittenden Superior Court 175 Main Street PO Box 187 Burlington VT 05402-0187 Re: Larkin-Milot Partnership v. City of South Burlington City Council Docket No. S168-98 CnC Dear Diane: Enclosed for filing with regard to the above -captioned matter is the City of South Burlington's Supplemental Memorandum in Support of Motion to Alter or Amend Entry Order and Certificate of Service evider -- - ------ - - - " t' Plaintiff's attorney. REF/bjl Enclosure cc: Joseph Weith Dennis Pearson, Esq. son4213.cor STATE OF VERMONT CHITTENDEN COUNTY, SS LARKIN MILOT PARTNERSHIP, Plaintiff V. CITY OF SOUTH BURLINGTON CITY COUNCIL, Defendant. Chittenden Superior Court Docket No. S168-98CnC CERTIFICATE OF SERVICE I, ROBERT E. FLETCHER, hereby certify that I served a copy of the City of South Burlington's Supplemental Memorandum in Support of Motion to Alter or Amend Entry Order, dated January 11, 2000, upon Plaintiff's attorney, Dennis Pearson, Esq., 76 St. Paul Street, PO Box 369, Burlington, VT 05402-0369, by causing a copy to be placed in U.S. Mail, postage -prepaid, this llth day of January, 2000. DATED at Burlington, in the County of Chittenden and State of Vermont, this llth day of Janua son617,LIT STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P-0. BOX 1507 BURLINGTON, VERMONT 05402-1507 By: 1 2nnn_ STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402 1507 STATE OF VERMONT CHITTENDEN COUNTY, SS LARRIN MILOT PARTNERSHIP, ) Plaintiff ) V. ) CITY OF SOUTH BURLINGTON ) CITY COUNCIL, ) Defendant. ) Chittenden superior Court Docket No. S168-98CnC DEFENDANT'S SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO ALTER OR AMEND THE ENTRY ORDER The Defendant, City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C., responds to Plaintiff's Memorandum In Opposition to City's Motion to Alter Entry Order ("Plaintiff's Memorandum") as follows. ARGUMENT The Plaintiff admits that the recreation path was never built. Plaintiff's Memorandum, at 1-2. That alone is sufficient, in Defendant's view, to warrant entry of a judgment in Defendant's favor in this case. Perhaps in recognition of that fact, the Plaintiff tries, in vain, to "defend" the existing Entry Order by offering alternative rationales and explanations. For instance, the Plaintiff's reference to construction of recreation pathways within the u'Vlic rights -of -way is a complete P Y P y- Y Y "red herring". The $300 per lot credit was related solely and exclusively to Plaintiff's "construction of the portion of the proposed recreation path located outside of any public street 1 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 right-of-way." City of South Burlington Planning Commission Findings of Fact & Decision, Application of Larkin-Milot Partnership - Pinnacle at Spear, 1 5 (Dec. 21, 1993) (emphasis added) (hereinafter "Final Approval"). A copy of the Final. Approval was submitted with Defendant's Motion for Summary Judgment as Exhibit 6. To save money, developers often request and are permitted to construct recreation paths within public rights of way in a development in lieu of sidewalks. The Plaintiff's request to substitute recreation paths for sidewalks within Pinnacle at Spear was granted, but that has absolutely no bearing on the issue before this Court, and it is disingenuous for the Plaintiff to suggest otherwise. The Plaintiff also advances, for the very first time, the contention that the 1998 amendment to the Final Approval "simply changed the nature of the in -kind contribution required of [Plaintiff] for recreation improvements'", Plaintiff's Memorandum, at p. 3, contending that Plaintiff was "required to dedicate instead a new easement." Id. This contention is contrary to the plain language and intent of both the Final Approval and amendment thereto in 1998. The "credit" granted to Plaintiff by the City's Planning Commission was calculated on the basis of the estimated cost per linear foot to construct a particular recreation path. The Final Approval at paragraph 20 of the Findings section, could not be any clearer: A credit of $22,000 should be given to the applicant for the construction of the portion of the proposed recreation path 2 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 HATTER)STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 located outside of any public street r.o.w. This value is based on $11 per linear foot for a distance of 2,000 feet. This translates to $300 per lot. Based on the current recreation impact fee of $200, the applicant would not pay a recreation impact fee since the credit is more than the actual fee. If in the future the City adopts a recreation impact fee of more than $300 per lot, then the applicant would be required to pay the difference. Final Approval, Findings 120, at 3-4. The Defendant agreed to give Plaintiff a partial credit against future recreation impact fees because Plaintiff was going to construct a 2,000 foot recreation path in a specified location. No credit against recreation fees was given for the dedication of an unimproved easement. The 1998 amendment to the Final Approval at paragraph 12.1 states that "[t]he recreation path easement shall be shifted so as to meander through the center of the common land D." See Defendant's Exhibit 6, T12.1, at 4 (emphasis added). The dedication of this easement was not required for the first time by the Defendant in 1998, as suggested by the Plaintiff (the dedication of an easement instead of the recreation path), nor was it in substitution for the construction of the recreation path originally specified in the Final Approval. The 1998 Amendment simply required that the physical location of the easement be altered. The Plaintiff's contention is logically weak as well. The Defendant was willing to give Plaintiff a $22,000 credit against recreation impact fees in exchange for Plaintiff's construction of a recreation path. This is clear from the language of the Final Approval. In 1998, when the Plaintiff was relieved of the �7 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON. VERMONT 05402-1507 obligation to build the recreation path, it lost the benefit of the credit. Had the parties intended to "substitute" the dedication of the easement for the original recreation path, as Plaintiff now conveniently contends, the credit would not have been eliminated. The Plaintiff's belated justifications in support of the Entry Order, are nonsensical and unpersuasive. After offering the rationales discussed above, the Plaintiff contends that the rationale of the Court's decision precludes the Defendant from having judgment in its favor even if changes need to be made to "certain underlying facts." Plaintiff's Memorandum, at 4. According to the Plaintiff, the Court has determined that the grandfather clause in the Ordinance is controlling, and that the Final Approval and its requirement that the Plaintiff pay recreation impact fees determined as lots are developed is "ineffectual." Id. The Plaintiff seemingly does not appreciate the significance of the recreation path in the Court's analysis, and wholly overlooks the portion of the Entry Order wherein the Court recognizes that the parties agreed that the fees assessable with respect to this project could change in the future. Entry Order, at 5. As the Defendant reads the Entry Order, the Court misconstrued the Plaintiff's obligation to construct a recreation path as the whole of the recreation impact fee assessed by the Defendant. Id., at 4 ("[the] recreation path was clearly and explicitly in lieu of the then -customary $200 fee"). Based on the mistaken belief that the recreation path had been built, the 4 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 Court declared, naturally, that the assessed fee had been "paid" by the Plaintiff. Id., at 4-5. And, based on that conclusion, the Court stated that the grandfather clause insulates lots in the development from additional assessments for recreation impact fees. Id., at 5 ([the grandfather clause] must be interpreted as providing protection to lots for which the predetermined fee is paid, when due.") The recreation path is, accordingly, important to the Court's analysis of this case. As it has been conclusively established that the recreation path was never constructed, the essential factual lynchpin for the Court's Entry Order does not exist, and a different result is warranted. But there are other reasons for a different outcome here. The Court characterized the Plaintiff's obligation to construct the recreation path as the "predetermined fee" payable for development at Pinnacle at Spear. As noted above, the Court found the grandfather clause to be applicable because, in the Court's view, a recreation impact fee had been specified and paid. The grandfather clause applies to lots within subdivision projects for which final plat approval was received prior to January 1995 and which final plat approval specifies a recreation impact fee, provided the specified fees are paid and the lots are, built -out by January 2005. For lots in subdivisions which meet the criteria of the grandfather clause, the formula in the Ordinance is set aside, and the terms of the final plat approval 5 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET V.O. BOX 1507 BURLINGTON, VERMONT 05a02-1507 for the subdivision determine the fees payable for recreation impacts. In this case, the Final Approval provides that the fees payable for recreation impacts are those fees in effect at the time each lot is developed; no dollar -specific fee per lot or for the subdivision related to recreation impacts is set forth in the Final Approval. The Court acknowledged this fact in its Entry Order, at the top of page 5, where it states: "the City reserved the right to increase the fee at some future time, and plaintiff evidently accepted that qualification, for it failed to appeal the approval." Entry Order, at 5. Laboring, however, under the impression that a fee had been "exacted" and thereafter "paid", the Court determined the grandfather clause to be applicable. But, as demonstrated above, since no fee was assessed or paid, the conditions for application of the grandfather clause are not satisfied. Consequently, the formula in the Ordinance determines the fees payable as lots are developed. Even if it could be argued that the grandfather clause nonetheless pertains here, the result is the same. Application of the grandfather clause to this development simply means that the terms of the Final Approval determine the recreation impacts fees payable for development. As discussed above, the Final Approval states that the fees in effect at the time that each lot is developed are applicable. Hence, the grandfather clause is inapplicable to the instant project. Even if the clause is deemed to be applicable, the 2 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAN' 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-] 507 result is the same. In either case, the Defendant is entitled to a judgement in its favor requiring the developers of lots in Pinnacle at Spear to pay the recreation impact fee determined by the formula in the Ordinance as each lot is developed, without offset or reduction. One final matter bears discussion. The elimination of the credit in 1998 entitled the Defendant to receive the full recreation impact fees payable for each lot without an offset for the credit. Hence, the Defendant is entitled to a judgment in its favor to recover from Plaintiff any credit heretofore afforded to lot developers for Pinnacle at Spear lots. CONCLUSION For the reasons set forth above, the Defendant respectfully renews its request that the Court alter and amend its Entry Order. The Defendant believes that it is entitled to entry of judgement in its favor as a matter of law and to an order awarding Defendant money damages equal to the credits previously granted to lot developers. DATED AT Burlington, Vermont this day of January 2000. son614.1it.LMP.suppmemo By: CITY OF Rgbeft E. Fletcher, Esq '✓ eTITZEL, PAGE & FLETCHER, P.C. 171 Battery Street P.O. Box 1507 Burlington, Vermont 05402-1507 (802) 660-2555 7 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 PATTI R. PAGE' E-MAIL(FIRM2555 rr FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (RFI.ETCHER@FIRMSPE.COM) JOSEPH S. MCLEAN TIMOTHY M. EUSTACE MIA KARVONIDES AMANDA S.E. LAFFERTY ('ALSO ADMITTED IN N.Y.) January 5, 2000 Joe Weith City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Larkin-Milot Partnership v. City of South Burlington Docket No. S168-98 CnC Dear Joe: OF COUNSEL ARTHUR W. CERNOSIA Enclosed please find a copy of the Plaintiff's Memorandum in Opposition to City's Motion to Alter Entry Order and a Supplemental Statement of Undisputed Facts filed in connection with the above -referenced matter. Since y e etcher REF/bjl Enclosure son4212.cor STATE OF VERMONT CHITTENDEN COUNTY, SS. LARKIN-MILOT PARTNERSHIP, ) Plaintiff ) V. ) CITY OF SOUTH BURLINGTON, ) Defendant ) CHITTENDEN SUPERIOR COURT Civil Action, Docket No. S 168-98 CnC PLAINTIFF'S SUPPLEMENTAL STATEMENT OF UNDISPUTED FACTS Plaintiff Larkin-Milot Partnership ("LMP"), by and through its attorneys Gravel and Shea, and pursuant to Rule 56(c)(2), V.RCiv.P., submits this Supplemental Statement of Undisputed Facts in connection with the Court's reconsideration of its Entry order dated December 1, 1999: 1. Portions of the South Burlington recreation path in, along or adjacent to LMP's "Pinnacle at Spear" subdivision project, which segments are located within public rights) -of -way, have been completed as required by the City. 2. The easement for future recreation path segments required by §§ 12.1-12.2 of LMP's permit amendment dated October 13, 1998, which was to "meander through the sRAVEL AND SHEA ATTORNEYS A7 L.Aw P. O. Box 369 JRLINGTON. VERMON"r 05402-0369 center of common land [parcel] D," has in fact been dedicated and given by LMP to the City by depiction thereof on the officially recorded plat of the approved permit amendments. Dated: Burlington, Vermont January 4, 2000 phen Crampton, Esq. Dennis R. Pearson, Esq. Gravel and Shea 76 S:. Paul Street, r Floor P. O. Box :369 Burlington, VT 05402-0369 (802) 658-0220 For Plaintiff GRAVEL AND SHE,, ,- �tl Fraa�972767J0001I.PP/DRA ATTORNEYS AT LAW P. O. Box 369 URLINGTON. VERMONT 054M-0369 STATE OF VERMONT CHITTENDEN COUNTY LARKIN-MILOT PARTNERSHIP ) V. ) CITY OF SOUTH BURLINGTON ) CHITTENDEN SUPERIOR COURT DOCKET NO. S168-98CnC PLAINTIFF'S MEMORANDUM IN OPPOSITION TO CITY' S MOTION TO ALTER ENTRY ORDER Plaintiff Larkin-Milot Partnership ("LMP"), by and through its attorneys Gravel and Shea, and pursuant to Rule 59(e), V. R. Civ. P., opposes the City of South Burlington's Motion to Alter or Amend Entry order, dated December 15, 1999, as follows: ARGUMENT The City is factually correct that the entire recreation path originally envisioned for the "Pinnacle at Spear" subdivision, as required by the initial Planning Commission approval dated December 21, 1993, was not built by LMP. The City is also correct that, in an amendment to that subdivision approval granted in writing on October 13, 1998, LMP was allowed to create seven GRAVEL AND SHEA ATTORNEYS AT LAw P. O. Box 369 BURLINGTON. VERMONT 05402-0369 (7) additional lots, and the permit condition requiring actual construction of the bikepath outside anv public right-of-way, in exchange for a "$300 per lot credit", was effectively deleted.' However, LMP was required to dedicate instead a new easement for a future recreation path, which would "meander through the center of common land [parcel] D". See Attachment to Joseph Weith Aff., March 30, 1999, at ¶ 12.1, pg. 4. Correction of these factual points will not ultimately change the Court's rationale and its legal basis for decision, as set forth in its Entry order dated December 1, 1999. As LMP understands the Court's view of this matter, the so-called "grandfather clause" of the City's April 9, 1995 Impact Fee Ordinance (as amended), is to be applied "standing on its own," and without consideration of any future "credit" purportedly granted by the Planning Commission as part of its initial subdivision approval. In other words, has LMP — or will it have, no later than the time it applies for a building permit as to each of the original 73 lots permitted in 1993,E which must occur before January 9, 2005 — complied with §B(5)(b) of the "grandfather clause" by "payment" of whatever recreation amenity the City has extracted as part of the subdivision approval process, be it cash, in -kind construction, or something else? Construction of the recreation pat: inside pa dons of u,e public light -of --way, such as along Spear Street itself, was in fact accomplished. Although arguably the language of §B(5)(a) of the Ordinance's "grandfather clause" could be read to include the additional 7 building lots created in 1998 by the permit amendment discussed in and attached to the City's Motion, because they are part of a "subdivision that received final plat approval ... prior to January 9, 1995", LMP concedes that the seven (7) additional lots first approved by the October 13, 1998 permit amendment are not exempted from, and are subject to the Ordinance and the full recreation impact fee in effect at the time a building permit is obtained. GRAVEL AND SHEA ATTORNEYS AT LAW P. O. Box 369 ,URLINGTON. VERMON7 054M-0369 -2- The answer, of course, is `yes", on either of two different grounds. The first is that, for whatever reason, the City in 1998 chose to excuse LMP from performance of the non -public - right -of -way bikepath construction requirement imposed by the original 1993 approval. So, by facilitating construction of recreation path segments within adjacent public rights -of -way, LMP has in fact still upheld its end of any "bargain" with the City regarding stipulated recreation amenities, thereby satisfying §B(5)(b) of the Ordinance. And, perhaps more importantly, all that is literally required by §B(5)(a) of the Ordinance is that a "condition" requiring some sort of "payment" toward "recreation improvements" be included in the "final plat approval ... received ... prior to January 9, 1995". There is yet no genuine dispute that this qualifying event did occur as to LMP's "Pinnacle at Spear" project. Second, the 1998 permit amendment simply changed the nature of the in -kind contribution required of LMP for "recreation improvements". Instead of actual construction of additional path segments outside any public right-of-way, the Planning Commission decided it wanted LMP to dedicate a new easement for the recreation path which would "meander through the center of the common land [parcel) D" of the subdivision. See Attachment to March 30, 1999 Affidavit of Joseph Weith, at Condition 12, pg. 4. This substituted quid pro quo was in fact included in the revised subdivision plans which have now been officially recorded, and thus the recreation path easement required by the City now legally exists. LMP has done all that was required of it, and accordingly should have the benefit of the "grandfather clause." Finally, the City continues to argue, see page 8 of its Motion to Alter, that its original position — that all of the original 73 lots at the Pinnacle subdivision are subject to the Ordinance GRAVEL AND SHEA ATTORNEYS AT LAW P. O. Box 369 URUNGTON. VERMONT 05402-0369 -3- and full recreation impact fee, because the original approval "reserved the right to increase the fee at some future time" - should prevail and that it, not LMP, should be granted summary judgment. The Court's rationale for decision has already disposed of this contention, on the basis that the Ordinance and its "grandfather clause" is controlling, and that the Planning Commission's attempt to impose some future conditional "fee" was and is ineffectual because it would essentially eviscerate the "grandfather clause." This contention should be rejected again. LMP is still entitled to judgment in its favor as a matter of law. CONCLUSION For all of the reasons stated herein, the City's Motion to Alter or Amend should be denied. The grounds for decision stated in the Court's Entry of December 1, 1999 are still controlling and persuasive, irrespective of any necessary "correction" to certain underlying facts of the case. Dated: Burlington, Vermont January 4, 2000 t&hF-rampton, Es . Dennis K Pearson, Esq. Gravel. and .Shea 76 St. Paul Street, 7' Floor P. O. Box 369 Burlington, VT 05402-0369 (802) 658-0220 For Plaintiff GRAVEL AND SHE -4- lJla1►ia Memoned®m Oppoopon b N. n Ahed9T22 V17MAll.a'P/DRP> ATTORNEYS AT LAW P. O. Box 369 JRUNGTON. VERMONT 05402-0369 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 21, 1999 Lance Llewellyn Llewellyn, Inc. 4949 Williston Road South Burlington, Vermont 05403 Re: Boundary Line Adjustment, 29 Pinnacle Drive Dear Mr. Llewellyn: Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on May 11, 1999. Please note the conditions of approval. If you have any questions, please give me a call. Joe reith, Director Planning and Zoning JW/mcp 1 End CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 16, 1999 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Boundary Line Adjustment, 29 Pinnacle Drive Dear Mr. Llewellyn: Enclosed is a copy of the May 11, 1999 Planning Commission meeting minutes. If you have any questions, please give me a call. i cerely, qJoeeiU1h,D-irecV1r Planning & Zoning JW/mcp I End PLANNING COMMISSION 11 MAY 1999 (7200 sq. ft. of mezzanine space) for a contractor's business, 81 Ethan Allen Drive. The amendment consists of allowing the building to be used for a multiple of commercial and industrial uses for a multiple number of tenants. APPROVED. 4. Public Hearing: Final Plat application of Todd & Maureen Wulfson to amend a previously approved planned residential development consisting of 80 lots, Pinnacle @ Spear. The amendment consists of a boundary line adjustment between lot #31 and common area "A" to increase the size of lot #31 by approximately 900 sq. ft.: Mr. Llewellyn showed where the existing property line would be eliminated and the new piece added. This will give the lot 96 ft. of frontage. The change does not affect the retention pond in that area. No issues were raised by the Commission. Mr. O'Rourke _moved the Planning Commission approve the final Alat application of Maureen & Todd Wulfson to amend a previously approved planned residential development consisting of 80 lots, Pinnacle @ Spear. The amendment consists of a boundary line adjustment between lot #31 and common area "A" to increase the size of lot #31 by 884 sq. ft., as depicted on a two page set of plans, page one entitled "Plat Showing Survey and Subdivision of a Portion of Lands of Pinnacle @ Spear Homeowners Association Pinnacle Drive South Burlington Vermont," prepared by Llewellyn, Inc., dated 3/31/99, with the following stipulations: 1. All previous approvals and stipulations which are not superseded bV this approval shall remain in effect. 2. Prior to recording the final plat plans, the applicant shall record a legal document approved by the City Attorney which indicates that lots #31 and 31A are to be merged. 3. Any change to the final plat plans shall require approval of the South Burlington Planning Commission. 4. The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to re- cording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format The format of the diqital information shall require approval of the Director of Planning & Zonin P� PLANNING COMMISSION 11 MAY 1999 Ms. Quimby seconded. Motion passed unanimously. 5. Site plan application of Mark Hill to construct a 3295 sq. ft. building for auto service and repair, 1691 Shelburne Road: Mr. Dugan noted that the property is next to Shearer Chevrolet. The proposed building will be single story and will be for "Oil & Go." Mr. Dugan showed a picture of a similar business located in Essex Junction. Mr. Dugan noted that one of staff's concerns was access and circulation. The applicant initially proposed a curb cut in the center of the property to facilitate how business is done. The AOT then got into the discussion regarding the potential median on Shelburne Rd. They did not recommend the proposed curb cut, so the applicant moved it to a location recommended by the AOT. This location uses an existing curb cut that goes into a field. Staff suggests moving the curb cut even further to the south so it would almost straddle the property line. The applicant feels that since there is no approved use for the adjacent property, they should be able to have a curb cut that is better for them and is OK'd by the AOT. Mr. O'Rourke noted that a letter from the AOT also supports the staff recommendation. Mr. Weith said that city, staff, and the AOT all recommend the two properties be served by one curb cut. The property owner to the south is not willing to cooperate in building the curb cut at this time, so the City Attorney recommends building the curb cut as far south as possible. Then, when the owner to the south comes in, they will be required to use this curb cut and build it as if it were one property. After some discussion the applicant agreed to move the curb cut to the edge of the property line. They also agreed to a 30-foot driveway. Trees will be placed where the AOT says they are acceptable. Things will be shifted 4 ft. to keep out of the state's construction easement. The proposed building meets all setbacks and coverages. They are short one parking space but could put one more up front. The applicant was reminded about the wait for sewer allocation. Mr. O'Rourke moved the Planning Commission approve the site plan application of Mark Hill to construct a 3295 sq. ft. building for auto service and repair, 1691 Shelburne Road, as depicted on a three page set of plans, page one entitled "Overall Site Plan Oil 'N' Go Mark Hill -Owner Shelburne Road South Burlington, Vermont," 3 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 7, 1999 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Boundary Line Adjustment, 29 Pinnacle Drive Dear Mr. Llewellyn: Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, May 11, 1999 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Si erely, I W Joe eith, Director Planning & Zoning JW/mcp Encls STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL (802) 660-2555 (VOICEII'DD) FAX (802) 660-2552 PATTI R. PAGE* E-MAIL(FMM2555@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (TEUSTACE@FIRMSPF.COM) JOSEPH S. MCLEAN TIMOTHY M.EUSTACE ('ALSO ADMITTED IN N.Y.) May 20, 1999 VIA FACSIMILE AND FIRST CLASS MAIL Carl H. Lisman, Esq. Lisman & Lisman PO box 728 Burlington, VT 05402-0728 Re: Larkin-Milot Partnership/Pinnacle at Spear - Wulfson Boundary Adjustment Dear Carl: OF COUNSEL ARTHUR W. CERNOSIA Todd Wulfson contacted me on May 17, 1999 and faxed me a copy of the draft Warranty Deed and Supplement to Declaration of Covenants and Conditions for the Pinnacle at Spear in connection with the above -captioned matter. After discussing this matter with Ray Belair and reviewing the aforementioned documents and Llewellyn plans, I offer you the following comments: 1. Warranty Deed - Please make the following changes to the property description: "Beginning at a point, which point marks the northeasterly corner of Lot 31 is more particularly described in a Warranty Deed, dated January 29, 1999, Jimmy R. Dousevicz and Carol R. Dousevicz to Todd A. Wulfson and Maureen B. Wulfson, Trustees of the MBWF Trust, dated December 26, 1995, recorded in Volume 446, Page 549 of the South Burlington Land Records, which point also marks northeasterly corner..." 2. Supplement to Declaration - Paragraph B. Please note that the Plan referenced is located in Map Volume 286, Page 112. 3. Plans. Note 4 of both plans should refer to the Declaration of Covenants and Conditions for the Pinnacle at Spear which is recorded in Volume 373 at Page 253 of the South Burlington Land Records. The book and page cited on the plans (Volume 428, Page 222) refers to the Acceptance by the Pinnacle at Spear Homeowners Association of the responsibilities and obligations of the Second Notice of Conditions of Subdivision Approval. Carl H. Lisman, Esq. May 20, 1999 Page 2 Thank you for your consideration of these comments. Please give me a call if you have any questions or wish to discuss this matter further. Sincerely, Timothy M. Eustace THE/jp cc: Ray Belair Sc.^.9038. cor MAY-20-1999 THU 03:59 PM STIT7 E.1 PAGE FLETCHER PC FAX NO, 80266n`gK E 01 STITZEL, PAGE & PLETCHER, P.C. ATTORN)-.YS AT LAW 171 DATTETY STREET T'_b. BOX 1507 nUM INGTON, VER3,10NT 05402-1507 (802) 660r2S]5 (VOICc.1TDI?) $;kVENP.STII A, FAX (502)660.2152 PATTIA J'ACYE• FMA1141"!ItM2555�FIRN4Srf.Ct7 ROBERT E. I I.F OCHER WRl'1'I R'S E-MAIL (ELL ) jrACV(hE1R}A6!'N C L1Iv1) 1osEPH s, M( rAN 't'.M0"I'11Y M. EI:STACI; (-A1.50 ADMTTED IN N,Y ) FACSIMILE TRANSMITTAL SHEET Date, May 20, 1999 TV; Cdrl Lisman, Esq. Raymond J. Belair Fax: 864-3629 846-4101 Re: Larkin-Milot Partnership/?innacle at Spear - Wulfson Boundary Adjustment Sender: Timothy M. Eustace, Esq. You should receive 3 Page(s), including this cover sheet. If you do not receive all the pages, please call (802) 660-2555. MESSAGE of COUNSI:1. AR 111Utt W. CERN45IA Transmitted herewith is my letter of today in connection with the above -referenced matter, Tais nwssnEe iv inlendcd Only fx the use o. dic addresmce end nay certAin inFor uion that is prig i:egLd and confidential. ICyou in not the intCAdCd i5'�tpil'11[, )'Old AtC }ICri'hy nUlified d1At 8ily ditisumin3tion 0f I lis commUliCAL0B1 iS strlcdy pfohiblted. I1'you have reccind this communiculion in crrcr, pimc notify US iauncdiniely by lelephonc (802-660-2555). Thauk you. MAY-20-1999 THU 04:00 PM STIT 1 PAGE FLETCHER PC FAX NO, 802660`� 2 P. 02 11 STITZEL, PACE, & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P:O, BOX 1501 BURUNGTON, VERMONT 05402.1107 (902) 660-2555 (VO]GUP701)) STEVTEN F. STITLEL FAX (902) 660•?452 Or COUNSEL PATTI R. PAGE' E-MAU,(FMM2555@FIRMSPF.00M) ARTHUR W. CERNOSIA. ROBERT E, fLF7CHFR WPJTER'S E-MAIL (TEUSTACEr MLMSPF.COM) ]O5EPH S. MCLEAN' TIMOTHY M. EUSTA CE (`ALSD ADWrrF.D IN X,Y ) May 20, 1999 VIA PAC3TMYLE AND PIRST_CLASS MAIL Carl H. Lisman, Esq. Lisman & LiBzLan PO box 728 Burlington, VT 05402-0728 Re: Larkin-Milot Partnership/Pinnacle at Spear - Wulfson Boundary Adjustment Dear Carl: Todd Wulfson contacted me on May 17, 1999 and faxed ne a copy of the draft Warranty Deed and Supplement to Declaration of Covenants and Conditions for the Pinnacle at Spear in connection with the above -captioned matter. After discussing this matter with Ray Belair and reviewing the aforementioned documents and Llewellyn plans, I offer you the following comments: I. Warranty deed - Please make the following changes to the property dp:Scription: "Beginning at a point, which point marks the northeasterly corncr-of Lot 31 is m_r-a particularly described in a Warranty Deed, dated January 29, 1999, Jimmy R. Uousevicz and Carol R. nousevaez to Todd A. Nulfaon and Maurearn S. Wulfson. TMbteeg of the XEWF Trust. dated December 26, 1205, recorded in Volume A-66, Page 549 of the South Burlington Land Becords, which point also marks northeasterly corner..." 2. Supplement to Declaration - Paragraph B. Please note that the Plan referenced is located in Map Volume 286, Page 112. 3. Plans. Note 4 of both plans should refer to the Declaration of Covenants and Conditions for the Pinnacle at Spear which is recorded inyolume_373 at page 253 of the South Burlington Land Records. The book and page cited on the plans (volume 428, Page 222) refers to the Acceptance by the Pinnacle at Spear Homeowners Association of the responsibilities and obligations of the Second Notice of Conditions of Subdivision Approval. MAY-20-1999 THU 04:00 Pit STTT7P! PACE FLETCHER PC FAX NO, 50266r--�2 P. 03 Card. H. Lisman, Esq, May 20, 1999 Page 2 Thank you for your consideration of these comments. Please give me a call if ycu have any questions or wish to discuss this matter further. Sincerely, r Timothy M-. Eustace THE/Jp cc: Ray Belair 9an4Q'8.=or MAY-20-1999 THU 02:31 PM STTKR L PAGE FLETCHER PC FAX NO. 8028P 2552 F, 0'� 05/17/99 VISfi MGT/PU9 a 8026602M2 N0, 254 P02 MAY-13-19999 M44 I.IiMAN t Chit 6326436%" p.02r03 1— KNOW ALL UMN By THM 1 SENTS; `lit L rkW MUVt hftffAhiA a V& mmi "'*w" hgv* a Plato of btu'n Souk 9Klingt M la t)w COA* of QUO;adcn, ttad State of Vet (tbe 40=9*r-), is 00=id4=t4ett of 7W AND MORE DOLLARS *d to tttc QrMVA3'r i191 Auisfbt m by Todd A. Wh= wW IUWM 19. Wyj q hLVLQ wad w,& 7rttrVM oftits MMWP Trap, dv d VMt; l W 26. M5. as W aab by *a eogrtty, of South pwha 4n. in 0 Cog* of CW*Wdon,, Ind$we of Vwww ( , tkg 'OZalttas"), �y *wu pm&=p do freely OME, ORAM, SELL, C:ONVIEY AND CONpd M uuwo Lbs Or e„ ud dWr keira Fw=W * aid ugS= fatwar, a 00mia yiene of lttcd in afta Btu, !A for Comty of Cbaendelt, sad hft of Vft oaL dacdW to fo1jom via: to 0'M or POW of 14ad atoll PV6940Y dacribtd as fbltows; aa0=LV as a KW; which Point trtairs thm tQTd=* rly CORN of lot 33 at moiv putculwly deawftd to s mazy dsK did Jwjwy 29,19", f4m Y=7 R, Downier and Carol X DoW*Z, notaded la Yelttmt: Y '[ ' P&P wl�cb Pft t rrlsa the "AheMstcrtY cottsK Of of 1 n Po'w� $OutD M- 2r 26" wac in the wcrxrly line southcatae:fy aae of tlsttt 3+ttt+al lamvin �y confer of lot 31 imd the ttwlh dz' Z7' t)S' vtw 4.tp fwot tD a pcta� tlnoc�e� t� � the be!! aaa! pnnraeai� 26' 29 22, am 146.03 hu to a po�C qua taniM to to n ` � ph � �tb 02' S4' wt a dWmce of d.op I= ie t11a+ W ttl' i'tD°�d� t+car w C44ZWW 8$4 w4uetu frert► mm or lct:. Po � of Said �e1 �sifl+eoad 'Offawt is mWs to s play Of Lrud ecdow t=14 SUP* SunW and S"virieo cf a Pw1iod of Land/ of P'iumle @ Spw Homwwun AaspCWb,i phi I>M south awlawb n Vamont iletRl Mete# 31,1" k'V LlewWiyo 1IMPM4 rewnkdis Voflu hV Of 20 Lead. Rewxk of d w fky of "368& R,a, e 71 UNU'Kb and , PI! MM w ,aoe td v�trl, t0 n and b it of &I ea ,tr, COVUetw►ep drret.airl TFCF- PARM OF LAND Id JMN CONVIM AM THE AD iMUNO PAACEL OF LAM} O11aNW SY THE OILANM (AND KN67gt;V AS. LOT NO. 31) SHALL BE T'OC3ETHEIL A SNOLE PAt]tC& OF LAND DiSEPAli;ABU FRAM EACH OTH13R, USI" f i itW"K A LTVC 1 I2 1 : L-j mac. i-a DO Postdt" brand tax transmittal memo 7671 RorP-9uc ra ��11rr�� lfL I� J6 iT-C t-- Co, CU. Dept. Phonee N �Y r (C Fax N Fax 0 'A MAY-20-1999 THU 02:31 PM STTT7FI. PAGE FLETCHER PC FAX NO. 8026R02552 P. 02 03/17/99 07157 MGT/" • E1026602552 0.254 923 rAV-17-19M i(paS UWA4 a t 1SM4r �296.a;829 �,03�Ki3 M X 41ftnae oar iweby mAO tO tore &bVVwwA&b=d immeWl. the mt W Mm*f, tM dadleia '�"W4 Md dat MY=dW Mco *laud mffiftuv. in hale aid of CWi dawCt!lptica TO HAVT AND TO WXD awid pwodP ,1 0h 4 %he PiVU90% Md MMOMWM tber+ 4 to *9 CMWM and ,th h ham, saft*an sod atsism, to their own use aad twhoof fomva; AMdte onwar, far 1"olf gad les � at�M dM coveys" wkh the of 0ea, and W MM duo M.3 and 040 of do C} , tbw wrdl d w wmcq of these pmsftu h !us IwdENCUri* MW dIW try oopvey the &me is mum afvna A tit it b FRM FROM EVERY god OW it beftbY CMiw W WARAANT ANV DUVM am Wae aSainft all lr*fw claims whMve r, atcopt as do mdd N WIMESS WRMWF, tbw ow tear h" =toted Skis deed thin __ day of luny, 1999. iN PPMENCE OF: LAMN MMOT PAKTN p A GGral Psrtur- -----p---Ls OF VEMOAIT GT rrb:m cowry, SS. At Sovd Bur Wo, *,of M►y, 19", ,Yoko+ Luton pwwnWly app MI.4 and ]1tc 4*0wiedded by hits aeabd Md MN-&, t4 be bis f. sa, nd daW and dot bw to and dad of Labs )OGIot pwuowp. Bdae M�' Nowy PQWIC ,JIM Af & LEE* u, %WGw }q AT L4w, P.0, `*x M KUMM V r boom 7 MAY-20-1999 THU 02:32 PM STTTZE1 PAGE FLETCHER PC 05/17/99 07:57 6R MGT/PUB 4 BV-663255Z FAX N0, 80268 552 P, 03 tiC, 2a4 D�3-0 15--57 L 13MN & �. l5rgta gtJJ1 r"MENT TO DECLAAKnON OF COVExAM AND WNDITIONS FOR SCxP9�hv30s7 a eye �� TTti date of dtis Supp�egmj is May _ _ 19". The Surppkmeat to made by Larkin MUM r%Wp, a Ver%ant pattu crsMp (tbe "P'arteerebtiip") PUM"nt to Scshae ti.02 Of dit Dcl"tion of Covaw%p Oft 4 Caaditxoa f+a-the Pianselc nt 6pe�t� domed .s of psbauay 1 � 1'�95, and r�aoy&d iV.—Olume, 373, 2S3 'of On iood Ree00 o! tha City of Sots 8urlimOton (the "OjiSitgd won . A- 'Tits Flip wa the eAOW owner of the !&Oa and px=ul OMMU the msido!" etighbodmod know as the Pianade at Spar (die `CCttLmixi ty") and was the T.icdWMt of the Vt X9oa1aasim B. A ptofion of d a Cooym wwry was pet � Open oet Area (Patel A) as shown vJ ikpl W an plan of WY 6 tecotdod v*Nmc M. rof the Lmd Kft=ds of the City of South Haft" (the "VriSiAtul Pltta"), in Section 6A2 of t,°u D+cLxrsfto the balsr'ut removed catkin nights aitd ptivilcjrs to vmvc% 04 ehtmge the dear of to or m LaAds to Letc D, Tbt Dcclavant ha: dc*=i4W to egavcn a portion of Common Area (Pwwl A) iato e Lot_ All appa VWS and U the of buys beea abt"Q. Now, t2tmfore, punata at to Section 6.02 of the CM&ina) D*:Wrotion, the L3relarsat hemby vxerdseo its A& to widHinw, wW dw by withdraw, Else Mot lvtds from Common ,tams (pveet A), suth vvisladrB" Pam) to booms Ord be Lot 31A; 34M&S at a P)W in the aer'theMerly Coble ` of Lcrt 31, ai Fwh comer is depictod on the OriSirit9 'Phan vW as it is depleted an a plea entitled Pihi SbowtA $ S;Amty tad Subdivisiou of a lwtioa of Lamb of Pinwle 9 Speer Hetsseowtw" Associodoo PistMls Dews Soo bw i" VMMIK L1SMA;A LEMAN. ArrOR M AT LAW, ►.0 PDX 713, DL'11i,. VOtOX VT OW aw.s�u MAY-20-1999 THU 02:3: PN ST'TtR L PAGE FLETCHER PC FAX N0, 80268n 552 05/l?/99 0715, MST/PUB 4 8026602"S52 L 1 wV014 & 4 1.y1'Imj P. 04 r �- of 2w Lmd 16eoerde of Ow Ciey of South OWWWW3 (Che "Las 3IA PLO')', Own peoalWIA9 3 :612174, W iq tit write Y eidellN of Los 31 a disnaa w of 148.30 feet to a Moat, wWcb poial masks the aou*w#VAty caret of Lot 31 t1 dopkvWd Da the Ngbw ream wd the Lot MA P1et; tl4=9 emi g to the 69M peoc=&V N 6212703" W m the gqrbMy aiddine of ?Wutk Ddvc a dWUms of 6,00 fm to a point; des= tvarslns to tba right and ptocadiag N 26,,mr s aWstum of 1dus fan to a poim r mim tuts to the rio ww ;wow*:* N d4.0254* F. a dimmm of 6.41 Am to the 1m w pbw of bagirs". At 10 ads "ww% Lot 31 A mWiN 164 f*K owis a Um. As so totsh in ,uctioe 6,O, the UslcWm& fuedhetr t+aee"&, dw r1lltt awd p iviwgs, to be a voisw It any tiers IW lava+ Omf to dm& to a w4a mod abaote tM d►sipAtioa of my or a1 of tht Open Laid to Laos vtch, whop w WVmtA SW Itatstediawly by Lou tatrbjact to and bet >'1t+ed by We pm%itioas of the Du r%Wx, a araeWW aad supple mated, 1N WnW= SOS►, 40 Declarura hai or OMW this &jpia=U ■ MY, i It- ar a v aborel e STATE Op vmtmc NI' At 1eUi#lgOM to %A CvuMo on this &Y of me, 19", par'"wY + lots p. Lubin, p gOMW paaw of Larkin ililot Ki"p, aid he uuowwgw w irtttrtmm. by hire ti*W ad hated, eo be by FM need act and deed avd the lia apt ad dour of Wida !�dltot >l►a:mrtltltip. Bcfwt tne, R;W Kim LW4AN A uaM,w, ATT01"Y3A1'LAW. r,0.9OX M, WUrrss TtW. Vy 0utt i c• 1 /A �� tt LOCUS LEGEND CONCRETE BOUNDARY MARKER FOUND ■ IRON PIN OR PIPE FOUND Q IRON PIN SET OR TO BE SET (SEE NOTE)(] FENCE S62 27'05 "E 262.20' NOTES 1. BEARINGS SHOWN HEREON ARE ORIENTED TO U.V.M. GRID NORTH N SEE NOTE N/F HANSON VOL, 50, P. 315 N84'02'54"W 6.41' .� 58}pi209 IPF _X lr� m z S6. �y/i',r;f iPF COMMON LAND (AREA "B") COVENANTS PINNACLE ® SPEAR HOMEOWNERS ASSOCIATION J/ NEWCNI o Go Z Q FT 02 AC Sg40 �EX� t1�5�0i Z �F. SI LOT 32 23 :� .: N 4a+ HOUSE #31 aog CpROp O 3 DAVID AND VICKI 62 'FOZ' ? LOT 31 COSTRUCCI W a MAUREEN & n & PAUL AND g w; a 2 TODD WULFSON TRUST N - MARGARET 4 M G VOL. 446, PAGE 549 14,43J SO. FT. COSTRUCCI ry COVENANTS PINNACLE @ SPEAR 3 .33 AC X 15,563 SO. FT .36 AC HOMEOWNERS ASSOCIATION ^ W 26.206 S0. FL .60 AC PROPOSED Z N 27,090 SO. FT. .62 AC EXISTING N "t RECEIVED APR 0819" City 0f So. &r inq., j 2. ORIGINAL PERIMETER SURVEY AND LOT DESIGN IS FROM A PLAT ENTITLED" NOWLAND TWO" SHOWING SUBDIVISION OF LANDS OF CERALD C. MILOT, ET AL, BY FITZPATRICK LLEWELLYN INCORPORATED, DATED JULY 1992, CERTIFIED BY GARY H. COE, L.S. OCTOBER 13, 1993. PHYSICAL EVIDENCE HAS BEEN RECOVERED AS NOTED TO RATIFY THE PREVIOUS PUTTED DATA. 3. IRON PIN BOUNDARY MARKERS SHOWN HEREON AS "SET" ARE 518- DIAMETER REINFORCING STEEL, 40' LONG. CROWNED NTH A YELLOW PLASTIC IDENTIFICATION CAP. 4. THE PROPERTY BEING SUBDIVIDED IS A PORTION OF PROPERTY CONVEYED TO THE PINNACLE O SPEAR HOMEOWNERS ASSOCIARON (VOL. 428, PAGE 222). FOUND Cp1(REIE BOINOARY $62'27'05"E MAR m ro' as 115.12' :XISTING) 109.12' (PROPOSED) 90.00, N6227'05'W PINNACLE DRIVE 6.00' FOUND OONC T YARNLR (iLUBN) 4 . ftU91)( .ARRLR 11U ) GRAPHIC SCALE 1 a so 0 IN FEET ) 1 inch 30 It SURVEY INFORMATION COMPILED AND PREPARED BY PLAT SHOWINO SURVEY AND SUBDIVISION BUrMN LAND SURVEYORS -BOUNDARY CONSULTANTS BOUNDARY CO OF A PORTION OF LANDS OF SOUTH BURLINGTON - VERMONT PINNACLE @ SPEAR HOMEOWNERS ASSOCIATION PRO„ ECT 1 997OO1 INFORMATION SHOWN HEREON IS CONSISTENT WITH ABSTRACTED DEED. PREVIOUSLY RECORDED SURVEY PLATS, AND PERTINENT PHYSICAL EVIDENCE AND CONFORMS NTH THE PINNACLE DRIVE EOUTN EURL/NOTDN VERAIONT REOUIREMENTS OF SECTIONS 1401 THROUGH 1404 OF TIRE 27 V.S.A. TO THE BEST OF MY KNOWLEDGE AND BELIEF pROECT: LLEWELLYN 89018 s ORTE 3,I,o, INCORPORATED DRA.BY: SLM ENGINEERING • PERMITTING • CONSULTING SERVICES ORAItlNG: 99018101 SOUTH BURLINGTON T 802-658-2100 - VERMONT 05403 F 802-858-2882 g1_ET.. f a / N84'02'54"W—� v COMMON LAND (AREA "B") 6.41' a COVENANTS HOMEOWNERS NA SOCIAAR ASSOCIATION * 1'� z SEE NOTE N/F HANSON \ wa , w allo`n � VOL 50, P. 313 pra�� S6227'05"E �. LOCUS 92.78 LEGEND 5A'E EXISTING LOT "31A" 0 58 4 aaa 511 Fr 1.o2 Al CONCRETE BOUNDARY MARKER FOUND ■ 402.B2 IRON PIN OR PIPE FOUND Q IRON PIN SET OR TO BE SET (SEE NOTE) 0 FENCE --x— COVENANTS PINNACLE ®SPEAR HOMEOWNERS ASSOCIATION 26,206 SO. FT. .60 AC 562'27'OS'E w M,RAT# f'pIN'0 S6]']]'ll5'F 262.20' NOTES 1. BEARINGS SHOWN HEREON ARE ORIENTED TO U.V.M. GRID NORTH RECEIVED APR 0 8 1999 City Of So. BUr1inalc-i 2. ORIGINAL PERIMETER SURVEY AND LOT DESIGN IS FROM A PLAT ENTITLED" NOWLAND TWO" SHOWING SUBDIVISION OF LANDS OF GERALD C. MILOT, ET AL BY FITZPATRICK LLEWELLYN INCORPORATED, DATED DULY 19OZ CERTIFIED BY GARY H. COE. L.S. OCTOBER 13, 1991 PHYSICAL EVIDENCE HAS BEEN RECOVERED AS NOTED TO RATIFY THE PREVIOUS PUTTED DATA. 3. IRON PIN BOUNDARY MARKERS SHOWN HEREON AS -SET- ARE 3/8- DIAMETER REINFORCING STEEL 40' LONG, CROWNED WITH A YELLOW PLASTIC INDENI7FICA710N CAP. 4. THE PROPERTY BEING SUBDIVIDED IS A POR7ION OF PROPERTY CONVEYED TO THE PINNACLE O SPEAR HOMEOWNERS ASSOCIATION (VIM.. 428, PAGE 222). 32 n m-j N �C� Jc0 �� LOT 32 �-:! FloW HOUSE 4131 Or r1 IN/TO LOT $� DAVID AND VICKI CL a MAUREEN & COSTRUCCI & PAUL AND a 3 o TODD WULFSON TRUST MARGARE T a aD 3"N M� VOL. 446, PAGE 549 14,433 SO. FT. .33 AC (EXISTING) COSTRUCCI 15,583 SO, FT AC 2N 'µ N 15,317 So. FT. .35 AC (PROPOSED) .30 N � 109.12' — N62'27'05"W 6, 00' —a T ER In—, SURVEY INFORMATION COMPILED AND PREPARED BY BUTTON! ASSOCIATES LAND SURVEYORS - BOUNDARY CONSULTANTS SOUTH BURLINGTON - VERMONT PROJECT / 997001 INFORMATION SHOWN HEREON IS CONSISTENT WITH ABSTRACTED DEED, PREVIOUSLY RECORDED SURVEY PUTS, AND PERTINENT PHYSICAL EVIDENCE AND CONFORMS WIN THE REQUIREMENTS OF SECTIONS 1401 THROUGH 1404 OF TITLE 27 V.S.A. TO THE BEST OF MY KNOWLEDGE AND BELIEF. vA C Ml11CN Lt •13 S62'2 7'05 "E 90.00, PINNACLE DRIVE rou4t YA.NW. Mt 1 rt �OVafAAr 10' 1.6 ■ M: CONCRrIF GRAPHIC SCALE o ,s b w ( IN FEET 1 1 m.h - 30 It. PLAT SHOWING BOUNDARY LINE ADJUSTMENT balwaan MAUREEN & TODD WULFSON and PINNACLE D SPEAR HOMEOWNERS ASSOCIATION PINNACLE DRIVE SOUTN BURLINGTON VERMONT PROLLEWELLYN DATEC7 �'a DATE: YS1r99 INCORPORATED DRAWN BY SLM ENGINEERING • PERMITTING • CONSULTING SERVICES DRAWING: NOIOIO2 SOUTH BURLINGTON T 802-658-2100 VERMONT 05403 F 802-658-2882 1 SWEET: I s 1 DRAFT MOTION OF APPROVAL 5/11/99 MAUREEN & TODD WOLFSON I move the South Burlington Planning Commission approve the final plat application of Maureen & Todd Wulfson to amend a previously approved planned residential development consisting of 80 lots, Pinnacle @ Spear. The amendment consists of a boundary line adjustment between lot #31 and common area "A" to increase the size of lot #31 by 884 square feet, as depicted on a two (2) page set of plans, page one (1) entitled, "Plat Showing Survey and Subdivision of a Portion of Lands of Pinnacle @ Spear Homeowners Association Pinnacle Drive South Burlington Vermont," prepared by Llewellyn, Inc., dated 3/31/99, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Prior to recording the final plat plans, the applicant shall record a legal document approved by the City Attorney which indicates that lots #31 and 31 A are to be merged. 3) Any change to the final plat plans shall require approval of the South Burlington Planning Commission. 4) The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning & Zoning. MEMORANDUM To: South Burlington Planning Commission From: Joe Weith, Director of Planning & Zoning Re: May 11, 1999 agenda items Date: March 7, 1999 3) DIRECTOR OF PLANNING & ZONING'S REPORT Enclosed are the Findings of Fact and Decision for the following site plan applications: a) Site plan application of David Burley to amend a previously approved site plan for a 197 bed correctional facility, 7 Farrell Street. The amendment consists of adding landscaping to screen a fence. APPROVED b) Site plan application of Kenneth P. Smith to amend a previously approved plan for a 10,000 square foot building (7200 square feet on ground floor and 2800 square feet of mezzanine space) for a contractor's business, 81 Ethan Allen Drive. The amendment consists of allowing the building to be used for a multiple number of commercial and industrial uses for a multiple number of tenants. APPROVED 4) MAUREEN & TODD WULFSON, TRUSTEES - BOUNDARY ADJUSTMENT - REVISED FINAL PLAT This project consists of amending a previously approved planned residential development consisting of 80 lots. The amendment consists of a boundary line adjustment between lot #31 and common area "A" to increase the size of lot #31 by 884 square feet, Pinnacle at Spear. The only issues affected by the boundary adjustment are lot size and frontage. The sketch plan was reviewed on 3/23/99 (minutes enclosed). Lot size/frontage: Both lots will meet the minimum lot size requirement of 12,000 square feet and the minimum frontage requirement of 85 feet. Legal document: A legal document approved by the City Attorney should be recorded prior to recording the final plat plans which indicate that lots #31 and 31 A are to be merged. PLANNING COMMISSION 23 MARCH 1999 The South Burlington Planning Commission held a regular meeting on Tuesday, 23 March 1999, at 7:30 p.m., in the conference room, City Hall, 575 Dorset Street. Members Present: William Burgess, Chair; John Dinklage, Marcel Beaudin, Dan O'Rourke Roger Farley, Gayle Barone Also Present: Joe Weith, Director of Planning & Zoning; Lance Llewellyn, Michael Dugan, John Floyd, Walt Levering, Eric Knudson, Scott Lanphcr 1. Other Business: Mr. Weith asked to add an item to the end of the agenda for the appointment of a committee for the Market St. canopy project. 2. Minutes of 23 February and 8 March 1999: Ms. Barone moved the Minutes of 23 February be approved as written. Mr. O'Rourke seconded. Motion passed 4-0 with Messrs. Dinklage and Beaudin abstaining. Ms. Barone moved to approve the Minutes of 8 March as written. Mr. O'Rourke seconded. Motion passed unanimously. 3. Report on recent site plan decision issued by the Director of Planning and Zoning: a) Site plan application of Dr. Michael Ziegler to amend a previously approved plan for a mixed use building consisting of 4,256 sq. ft. of general office use and 1792 sq. ft. of personal service use, 1340 Williston Rd. The amendment consists of interior alterations and changes in use resulting in the following: 1) 1,344 sq. ft. of retail space, 2) 1,680 sq. ft. of medical office space, 3) 2,128 sq. ft. of personal service space, and 4) 896 sq. ft. of general office space. APPROVED. No issues were raised. 4. Sketch plan application of Maureen and Todd Wulfson, Trustees, to amend a previously approved planned residential development consisting of 80 lots. The amendment consists of a boundary line adjustment between lot #31 and common area "A" to increase the size of lot #31 by approximately 900 sq. ft., Pinnacle at Spear: Mr. Llewellyn showed the approved plan. He said that the proposed amendment would give the Wulfsons 96 ft. of frontage. Mr. Beaudin asked why the change is being made. Mr. Llewellyn said the Wulfsons have a particular house they PLANNING COMMISSION 23 MARCH 1999 want to build. They went to the Zoning Board for a variance and the Zoning Board suggested moving the boundary line. Mr. O'Rourke asked if there arc any regulations about reducing common areas in a PUD. Mr. Wcith said not specifically. He felt there was no problem with this request. Members agreed to go straight to final hearing. 5. Site plan application of Budget Car & Truck Rental to amend a previously approved plan for a 4100 sq. ft. auto rental service facility and long term parking. The amendment consists of converting 1930 sq. ft. of auto rental use to auto service and repair use, 700 Airport Parkway: Mr. Lanpher said the applicant will sublet a portion of the facility to a company that does reconditioning of autos. There will be no changes to the building. He estimated this would bring in 2 or 3 cars a day. Lighting will be changed to conform to regulations and they will add a bike rack. The boat that has been on the property should be gone by now. It was left by a customer who then left town. Mr. O'Rourke moved the Planning Commission approve the site plan application of Budget Car & Truck Rental to amend a previously approved plan for a 4100 sa ft auto rental service facility and long term parking. The amendment consists of converting 1930 sq ft of auto rental use to auto service and repair use, 700 Airport Parkway, as depicted on a plan entitled "Budget Rent-A-Car 700 Airport Parkway South Burlington, Vermont, prepared by Lamoureux & Stone dated 11/1/93 last revised 7/12/94 with the following stipulations: 1 All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2 The plan shall be revised to show the changes listed below and shall require approval of the Director of Planning _& Zoning (hereinafter Director) Three copies of the approved revised plan shall be submitted to the Director prior to permit issuance: a The site plan shall be revised to show a bike rack. 3 For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning_ Commission estimates that the change in use will generate 0.34 vehicle trip ends during the P.M. peak hour. 4 All exterior lighting shall consist of downcasting shielded fixtures Any change to approved lights shall require approval of the Director prior to installation The building mounted flood lights at either end of the building and the pole mounted flood lights shall be replaced with downcasting shielded fixtures approved by the Director. 5 The applicant shall cease immediately use of the northwest corner of the property, beyond the paved area, for vehicle and boat storage. 2 1,w LOCUS LEGEND CONCRETE BOUNDARY MARKER FOUND ■ IRON PIN OR PIPE FOUND 0 IRON PIN SET OR TO BE SET (SEE NOTE) 01 FENCE —x— NO MARKER FOUND S62 27'05"E 262. 20, NOTES 1. BEARINGS SHOWN HEREON ARE ORIENTED TO U.V.M. GRID NORTH SEE NOTE 1 I N/F HANSON VOL. 50, P. 315 5q"E 5 23 `EX150P4SE0) 4.09 SZ APR q.02• N84'02'54"W 6.41' IP TBS IPF 3W Z NEW LOT "31 A" CN 884 SQ. FT. 0.02 AC L J O Op COVENANTS PINNACLE 0 SPEAR HOMEOWNERS ASSOCIATION 26,206 SQ. FT. .60 AC PROPOSED 27,090 SO. FT .62 AC EXISTING RECEIVED APR 0 8 19" City 0f So. Bigl naafi, j 2. ORIGINAL PERIMETER SURVEY AND LOT DESIGN IS FROM A PLAT ENTITLED" NOWLAND TWO" SHOWING SUBDIVISION OF LANDS OF GERALD C. MILOT, ET AL, BY FITZPATRICK LLEWELLYN INCORPORATED, DATED JULY 1992, CERTIFIED BY GARY H. COE, L.S. OCTOBER 13, 7993. PHYSICAL EVIDENCE HAS BEEN RECOVERED AS NOTED TO RATIFY THE PREVIOUS PLATTED DATA. 3. IRON PIN BOUNDARY MARKERS SHOWN HEREON AS "SET" ARE 518" DIAMETER REINFORCING STEEL, 40" LONG, CROWNED WITH A YELLOW PLASTIC IDENTIFICATION CAP. 4. THE PROPERTY BEING SUBDIVIDED IS A PORTION OF PROPERTY CONVEYED TO THE PINNACLE ® SPEAR HOMEOWNERS ASSOCIATION (VOL. 428, PAGE 222). NO MARKER FOUND 115.12' (EXISTING) 109.12' (PROPOSED) N62 27'05"W 6.00' FOUND CONCRETE MARKER (FLUSH) COMMON LAND (AREA "B") COVENANTS PINNACLE @ SPEAR HOMEOWNERS ASSOCIATION IPF 92.78' N LOT 31 ct a MAUREEN & w 3 "' o Z TODD WULFSON TRUST cl� In VOL. 446, PAGE 549 CL N Op U) 14,433 SQ. FT. .33 AC co LL1 X W z� N IPMS L IPF S6227'0,' —"/ " 90.00' SURVEY INFORMATION COMPILED AND PREPARED BY BUTTON ASSOCIATES LAND SURVEYORS - BOUNDARY CONSULTANTS SOUTH BURLINGTON - VERMONT PROJECT 111 997001 INFORMATION SHOWN HEREON IS CONSISTENT WITH ABSTRACTED DEED, PREVIOUSLY RECORDED SURVEY PLATS, AND PERTINENT PHYSICAL EVIDENCE AND CONFORMS WITH THE REQUIREMENTS OF SECTIONS 1401 THROUGH 1404 OF TITLE 27 V.S.A. TO THE BEST OF MY KNOWLEDGE AND BELIEF. VAUGHN C. BUTTON, LS. 415 S53 a= 131.41' LOT 32 HOUSE #31 DAVID AND VICKI COSTRUCCI & PAUL AND MARGARET COSTRUCCI 15,563 SO. FT .36 AC FOUND CONCRETE BOUNDARY SR2*97'O.5"F MARKER, 10• B.G. NO MARKER J7.11Z FOUND PINNACLE DRIVE FOUND CONCR 1[ MARKER (FLUSI) GRAPHIC SCAT lI 30 0 15 30 120 ( IN FEET 1 I inch = 30 it. PLAT SHOWING SURVEY AND SUBDIVISION OF A PORTION OF LANDS OF PINNACLE @ SPEAR HOMEOWNERS ASSOCIATION PINNACLE DRIVE SOUTH BURLINGTON VERMONT LLEWELLYN PROJECT: 99018 DATE: 3131199 INCORPORATED ENGINEERING • PERMITTING • CONSULTING SERVICES SOUTH BURLINGTON T 802-658-2100 VERMONT 05403 F 802-658-14R2 DRAWN BY: SLM DRAWING: 99018101 SHEET: I OF 1 u llyj r,lylM `Y `� y'lYq � N '�T k P 1 T 11 44- J ; N84'02'54"W SITE. 6.41' SEE NOTE r. 1 ' NSF HANSON VOL. 50. P. 315 LOCUS IPTBS 92.78 COMMON LAND (AREA "B") COVENANTS PINNACLE @ SPEAR HOMEOWNERS ASSOCIATION IRON ROD W/ IDEN7IFI7NG PLASTIC CAP FOUND FLUSH S53'46'36'£ 13149 / 3 3Z LEGEND 5{E EXISTING LOT "31A"l 41Ln _°N N C6 554'p2 884 S0 FT 0.02 AC ZO J� 00 N e} LOT 32 CONCRETE BOUNDARY MARKER FOUND ■ 4p282 �W HOUSE #31 IRON PIN OR PIPE FOUND QQ �� LOT 31 DACOSTRUCCIICKI IRON PIN SET OR TO BE SET (SEE NOTE) ® W MAUREEN & FENCE —%— n �3 w TODD WULFSON TRUST & PAUL AND MARGARET COVENANTS PINNACLE ® SPEAR �.� O VOL. 446, PAGE 549 M J COSTRUCCI HOMEOWNERS ASSOCIATION �<v W00 aoo 14.433 SQ. FT. .33 AC (EXISTING) 15,317 SQ. FL .JS AC (PROPOSED) 1s,ss3 S0. FT .36 AC 26,206 SQ. FT. .60 AC ZCN " p CN NO MARKER NO MARKER FOUND CONCRETE BOUNDARY FouND S62'27'05"E FOUND S6227�05"E IPTBS ";' IPF S6227'05"E 56227'05"E MARKER, 1F 0=D__ 262.20' 109.12 , 90, 00' NO MARKER 51.82' FOUND RECEIVED APR 0 8 1999 City of So. B„rzinR;r NOTES 1. BEARINGS SHOWN HEREON ARE ORIENTED TO U.V.M. GRID NORTH 2. ORIGINAL PERIMETER SURVEY AND LOT DESIGN IS FROM A PLAT ENTITLED" NOWLAND TWO" SHOWING SUBDIVISION OF LANDS OF GERALD C. MILOT, ET AL, BY FITZPATRICK LLEWELLYN INCORPORATED, DATED JULY 1992, CERTIFIED BY GARY H. COE, L.S. OCTOBER 13, 1993. PHYSICAL EVIDENCE HAS BEEN RECOVERED AS NOTED TO RATIFY THE PREVIOUS PLATTED DATA. 3. IRON PIN BOUNDARY MARKERS SHOWN HEREON AS "SET" ARE 5/8" DIAMETER REINFORCING STEEL, 40" LONG, CROWNED WITH A YELLOW PLASTIC INDENTIFICATION CAP. 4. THE PROPERTY BEING SUBDIVIDED IS A PORTION OF PROPERTY CONVEYED TO THE PINNACLE a SPEAR HOMEOWNERS ASSOCIATION (VOL. 428, PAGE 222). N62'27'05"W 6.00' PINNACLE DRIVE FOUND CONCRETE MARKER (FLUSH) SURVEY INFORMATION COMPILED AND PREPARED BY BUTTON ASSOCIATES LAND SURVEYORS - BOUNDARY CONSULTANTS SOUTH BURLINGTON - VERMONT PROJECT 111 997001 INFORMATION SHOWN HEREON IS CONSISTENT WITH ABSTRACTED DEED, PREVIOUSLY RECORDED SURVEY PLATS, AND PERTINENT PHYSICAL EVIDENCE AND CONFORMS WITH THE REQUIREMENTS OF SECTIONS 1401 THROUGH 1404 OF TITLE 27 V.S.A. TO THE BEST OF MY KNOWLEDGE AND BELIEF. VAUGHN C. BUTTON, L.S. 415 FOUND CONCRETE MARKER (FLUSH) GRAPHIC SCALE 0 15 30 60 12C ( IN FEET ) 1 inch = 30 (1 PLAT SHOWING BOUNDARY LINE ADJUSTMENT between MAUREEN & TODD WULFSON and PINNACLE 0 SPEAR HOMEOWNERS ASSOCIATION PINNACLE DRIVE SOUTH BURLINGTON VERMONT PROJECT: 99018 LLEWELLYN DATE: &31,90 INCORPORATED DRANBY: 8LM ENGINEERING • PERMITTING " CONSULTING SERVICES DRAWING: 99018102 SOUTH BURLINGTON T 802-658-2100 SHEET: 1 OF 1 VERMONT 05403 F 802-658-2882 F Board fm"ploymfenf 2 Emptoyrwt serWces I IA 3 Employment . 1 12 4 ChiMcareNeeded 12A S Part-time Work ' 13 6 Business opporturuues 14 6 Work Wanted l6 9 10 11 EN IN :A IN yes, all )filled, free! :UUM ADIOS used, 5-7275 iusie, ed but years 3y due 802- ack & rtered. y fam- ergar- ;hairs. lelley, A�o Recrtet rnon & Sporfs Equip. Watarc irm Buppbes & Sel le WatetcrW RA RV►,'hatders 17 Three and Fora Wheelers 17A Snouymobilea>- IB Sports E,#praeru 19 Gum"Mroa IRA ADVERTISING GUIDELINES Please check your advertisement the on the ad content. first day t runs. We wish to correct any error before the second insertion as in erest of n he interest of maintaining our stan- we will not be responsible for any lords and Y good taste, we adjustment in charges beyond the first reserve the right to refuse, canoe! or appearance of the ad. edit advertising at any lime. Any credits for errors will be determined ur[ingtnllrPtre�g according to the impact the error had FOUND CAT Young tigt cat with white back leg found near Fanny Alle Hospital. Call Greats Burlington Humane Soc ety, 862-0135. FOUND Male lab, unneL tered, found c..ar Boll Valley Flats on 4/16. Ca Animal Control 878-6611 FOUND Owner aban coned us & we need tc find good loving homes We are 1 yr, neutered vaccinated & looking tc start our new life over again. 1-Staffordshire Terrier - Brindle. 1-Yellow Lab/Boxer mix. Both very sweet; great family pets. Found- kittens aban- doned in box, now I need to find loving responsible homes for them. 7 wks; litter trained; M's/F's. Orange; black; Brown Ti- ger & Tiger/white. Refs. needed.518-585-7271. LOST CAT Domestic shorthair, grey, neutered adult male, missingy since 4/17. Call 878-7552. LOST CAT Tommy. Medium sized with me- dium length hair, grey with small white spots on chest, declawed. Missing since 4/19 from Log - wood St, S. Burlington. Call 865-2610 [days] or 860-9561 [eves]. LOST KITTEN Male, short -haired, grey. Last seen on 4/19 on Fletcher Rd, Fairfax, near Milton - Bradley. Reward! 849- 2961 } I LOST CATMedium sized HAIR black & white female cat , you named Madison with 312. very distinct black heart on her nose, no collar. BURLINGTON Sat. 9- p.m., off Fla ttsburg Ave., 102 Venus Ave Beane babies, toys clothes, dishes, misc. BURLINGTON Saturday 9 a.m.-2 p.m. 50 Sunset Dr., off o Plattsburgh Ave. CHARLOTTE/ FERRISBURG Mt. Phil Rd. 4/24 & 4/25, 8-4. family- kids & women' clothing, misc., some- thing for everybody. CHARLOTTE Moving Sale. Furniture, china, books, toys, & many things. Mutton Hill, West Gate Rd. 4/24 & 4/25, 9- 4. CHARLOTTP Sat. & Sun. 9-5pm. Wit dsurfer, mo- torcycle, clothes, misc. 373 Wildwood West, off of Rte 7. COLCHESTER 1182 Severance Rd. Multi- family, many nice items, no junk. Fri & Sat 9:30AM. Park on Wall St. COLCHESTER 12 Pine Ln. Off of Por- ter's Pt. Rd. Sat. & Sun. 10-4. Baby items, mater- nity clothes, new Tupper- ware, & misc. All in good condition. COLCHESTER 18 Edgewood Estates off Blakely Rd. 4/24 & 4/25, 9AM-4PM SO BURLINGTON Furni- ture, office desk & chairs, trash compactor, f bureaus, couches, com- forters, clothing, books, records, mirrors, lots of 0 Bgoodles. Fri. & Sat. 9-5. 5 64 Swift St. Turn at Den- s ny's on Shelburne Rd. SO BURLINGTON Orchard. Sat. & Sun., 9-3pm. Antiques, pump organ, guitar, nice futon & frame, good books, lots of nice kids toys. Baby stuff. 32 Greening Ave. SOUTH BURLINGTON Garage/Antique Sale. 4 Oak commodes, Walnut bureau w/mirror. New Ducane barbecue, silver servers for 12. 2 stereos w/components, 3 bikes. Old trunks, & much more. 346 White St. SOUTH BURLINGTON Like NEW child's bike, photo dark room equip- ment, wicker toy chest, electric car racing set, & MORE! K1 StoneHedge Townhouses, off Spear St. Sat. only, 9-3. SOUTH BURLINGTON Furniture, stereo, some- thing for everyone. 50 Davis Pkwy, Sat, April 24th, 9-4. COLCHESTER SOUTH BURLINGTON Moving sale. At 16 Gil- 25A River Rd., 8 -1 Sat. bert St. 9-3, Saturday only; Furniture, collect- ibles, sports cards, misc. only! ST ALBANS 18 Hunting- COLCHESTER ton St. Moving sale. Fur- 7 Rudgate Rd. 9 am-4 niture, dishes, clothing. pm. Fri. & Sat. only. Day Free stuff. 4/24, bed, computer, snow dower, oak desk chair, WILLISTON Gail Terrace. Baseball cards, &books. Baby items, household COLCHESTER tr goods, clothing, furni- ture, toys, 4/23 & 4/24, ;lothing-mostly girls, 9AM-3PM. looks, toys, misc. Sat 0-4, 94 East Road. WILLISTON 3 families. !ov !! A_ti,� families CI f c? u Y - Afer-chdandise � a nfall ,Real BuikgngMetetlals 20 MudcellnsWoments - 26A ��, ' 39 Business Equipment 21 Peb & SupPBee 20 ltinu 40 Condominiums Collectibles 23 Photo%ppus" 94 Wanted 41 Realtors Computers 24 Tools & Moehlros, hed 42 Homes For Sale Fuels & Stows 28 Video/TV/8forep 36 ad 43 lakeshore Property Furniture ,& Appliances 26 Wanted to Bsy(Stop 3 ant 44 Grand Isle Co. lawn& Gorden 27 � ' �eutall 43 Custom Homea mscalla teoug Mora. 28 js.. 46 Farms al 4T :Realtysemces �. ..48 GARAGE SALES 4 SHELBURNE MOVING SALE! 19" Sony Color TV, $125. VCR, $125. Maytag Washer, $150. GE Electric Dryer, $100. Double Sleeper Sofa, $125. 4/22-4/25 9AM- 6PM. 143 Summit Circle; Call 985-2690. Placing a Free Press Classified ad is easy. We'll help you word your ad to get the results you watrt MORTGAGES Reside Charge it with your VISA or Mas• tercard. tial or commercial, enti U.S. Bad credit- no come- bankruptcy foreclosure- all credit a cepted. Fast service to rates. 800-567-7568 LEGAL NOTICES GRANT WRITER CITY OF WINOOSKI The City of Winooski i seeking an experience grant writer. Candidate must possess successfu rant writing experience both state and federal] references required Send letter of interest t City Manager, 27 West Allen Street, Winooski, VT 05404 or FAX to 802- 655-6414. EDE. NOTICE OF SELF - STORAGE LIEN SALE ESSEX MINI STORAGE CO. 3 Morse Dr. Essex Jct, VT 05452 Notice is hereby given that the con- tents of the self -stor- age units listed below will be sold at public auction by sealed bid. This sale is being held to collect 'unpaid stor- age unit occupancy fees, charges and ex- penses of the sale. The entire contents 0f each self -storage snit listed below will )e sold, with the pro- :eeds to be distrib- tted to Essex Mini Storage Co. for all ac- ;rued occupancy fees. rent charges], late iayment fees, sale xpenses, and all ther expenses in re ttion to the unit an s sale. Contents of each. PERSONALS wassawass6 UVM CONCERT - STRANGEFOLK Play- ing Sat. 4/24 at 7PM. 2 Tickets. $15 each. 868- 2408 NOTICES Kenneth Hart P.O. Box 511 Winsted, Ct. 06098 arlotte Dudley d2, 2310 Cphndler Rd. Northfield, Vt. 05663 e I April 24, 1999 y 1, 1999 r PUBLIC HEARING SOUTH BURLINGTON or PLANNING c- COMMISSION w IThe South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesdayy, s May 11, 1999, at 7:30 d P.M. to consider the s following: Final plat application of Todd & Maureen Wulfson to amend a pre- viously approved o planned residential de- velopment consisting of 80 lots, Pinnacle Spear. The amendment consists of a boundary line adjustment between lot #31 and common area "A" to increase the p size of lot #31 by ap- proximately 900 square feet. Copies of the applica- tion are available for Public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission April 24, 1999 SOUTH BURLINGTON - ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burling- ton Zoning Board of Ad- ustment will hold a pub- ic hearing at the South t Burlington Municipal Of- fices, Conference Room, ti 575 Dorset Street, South Burlington, Vermont on Monday, May 10, 1999, c at 7:00 P.M. to consider r the following: _ ^ EMPLOYMENT I', ACCOUNTANT, SENIOF CITY OF OUR LINOTON Join a dynamic manage. ment team to help leas the Clerk/Treasurer's Office in its re -engi- neering efforts. While ex- cellent accounting skills are essential, this individ- ual must also have the vision and drive to assist in the development and improvement of systems and procedures, as well as the ability to train and lead associates. A Bachelor's Degree in Accounting or Business Administration and 2 yrs expert -, ce, or an Asso- ciate's Degree or equiva- lent accounting and 3 yrs ex,— rience is required. Stz,-ting salary $34,683/ yr., plus and excellent benefits package. Send cover letter, resume, and CITY application by 4/28/99 to: Human Re- sources, City of Burling- ton, City Hall -Room 33, Burlington, VT 05401. WOMEN, MINORITIES AND r,9SONS WITH DISAB:_ITIES ARE HIGHLY ENCOURAGED TO APPLY. EOE. ACCOUNTS PaYABLE/ PAYROLL SUPPORT Will manage all aspects of AP. Must have excellent communication/customer service skills and attention , to detail. Experience nec- essary. The Vermont Teddy Bear Co., 666C Shelburne Rd., Shelburne, VT or fax [8021 985-1304. ADMINISTRATIVE ASSISTANT VT Cares seeks highly motivated, self -directed, organized person to provide admin- strative support for man- agement team, answer phones, maintain files, bookkeeping, assist in he development of com- munity events & founda- on & grant research. Computer skills a nec- essity. Send letter and esume to: PO Box 5248, 8 -rlington, VT 05402.- tt C Owl auto to jc We flat i very, waggt ' preh! age ii tirerrr paid appli auto ence plete State Of Vermont AGENCY OF NATURAL RESOURCES St r Department of Environmental Conservation. Department of Fish and wildlife Wastewater Management Division Department of Forests, Parks and Recreation Essex Junction Regional Office Department of Environmental Conservation 111 West .Street Essex Junction, VT 05452 (802)879-5656 April 23, 1999 Maureen & Todd Wulfson 145 Cliff Street Burlington VT 05401 Subjeci: EC-4-1750-2, Pinnacle at Spear -- Lot 31 increase lot size to .35A for previously approved single family lot no change to water or sewer. located on Pinnacle Drive in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #1442 & 1443 on April 12, 1999, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. DEFERRAL OF PERMIT AMENDMENT DE-4-1879-1 WILL BE PROCESSED WITH THE ABOVE SUBDIVISION APPLICATION. PLEASE SUBMIT THE DEFERRAL APPLICATION WITH WITNESS SIGNATURES AND A SIGNED PROPERTY ACCESS FORM. Sincerely, Ir e�er e g DEC Regional Office Coord. c City. of South Burlington Planning Commission Lance Llewellyn PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, May 11, 1999, at 7:30 P.M. to consider the following: Final plat application of Todd & Maureen Wulfson to amend a previously approved planned residential development consisting of 80 lots, Pinnacle @ Spear. The amendment consists of a boundary line adjustment between lot #31 and common area "A" to increase the size of lot #31 by approximately 900 square feet. Copies of the application are available for public inspection at the South Burlington City Hall. 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IzSI 1 QJO AC. ! 0.29Z9 AG , / I / II I 1 1 I I , LEGEND /'EWW7M P*OPMrY LW --- Mr. R., Or au r/t&w"T Low olwx m""wry Lw LANTS or amlCAraV /D fr IRA/ DMWO m aE ary Cr stub, /UftAC70V ■ m1ORrolsm COkOW r waMAE7[r Pwo oosEv o" mw O C.w7r [aMAEMr mARID uo O Nm ft f,4 fi mao (m7I •RKy 91S AoIr 4) In,CALQAAIw war=110V Nir wow a roaoar Row rfOlr Or My otl / AD4 v(x~ / ►Aer CT 0I SOVrN &-4ftdNfr0N LAND RECORDS rplw'Y � / r. tsrr' �•.� tlYi.- i - ltliom e . tlY7,• - y A- �e - WDA.e• rN.m' I. mW , - tlM' R. 1Mm'� �T - e _ JJJ 1 r. rr.01' 1 - 1/em' I - n.r' 1 I , l . rrm' 1 R r. AMC , L. la rJ I j r. ` 16 15 14 13 12 11 O - wnm I • - r:Jsr ` COMMONAA W) rnm' , I-n.x , . �.,' . _ mmm- 4(AREA �• SF. 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COMWOV LAW CL29 AC 21 nry ®�t?04:_4ffi�__•.ff'___�__�a�4---6�.9Q�_61.af• G.�_ ACF- (1` / � IF.It. 7J AC abbe. GLalcwr Rmz>Sr�'� Approved by resolution of the Planning Commission i he City of Sout'I Qurlim,Iton, Vermont oIL, •n the gF y1EE T 1 a� 2 O_4746 day Of L%+ --vt . 19�°..1 . subject to the require • Fcw CownNUAnav 0, nfs vLAr, ments of said cmilitions of said resolution. S•r1ed this NOTES A10 MIDU OF 94EM F-r, day Chairman or C/wk GRAPHIC SCALE r (■ IRT ) IN0WLAND TWOI mI,R, /ueRrcrw rorewr PLAT OF SUBDIVISION OF LANDS OF GERALD�jC%. �MIIL�(OT et. al. �..rlA •1 i IL � ULS�[.=Q�WUI��� 92D45 WORPOtAIED VAUJSTON VERMONT 2 •..' 2 Recorded in V3I. , w+s y. m pate. . Of So. Buriinttfon land R AnesL Martarnl A ritNd, City Clerk PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, May 11, 1999, at 7:30 P.M. to consider the following: Final plat application of Todd & Maureen Wulfson to amend a previously approved planned residential development consisting of 80 lots, Pinnacle @ Spear. The amendment consists of a boundary line adjustment between lot #31 and common area "A" to increase the size of lot #31 by approximately 900 square feet. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission April 24, 1999 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April20, 1999 Maureen & l Wd Wul jsonn 145 Cliff Street Burlington, Vermont 05401 Re: Boundary Adjustment, 29 Pinnacle Drive Dear Mr. X Mrs. Wolfson: Enclosed is a copy of the March 23, 1999 Planning Commission meeting minutes. If you have any questions, please give me a call. ;Joe Weith, Director Planning & Zoning JWimcp 1 End CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 19, 1999 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Boundary Line Adjustment, 29 Pinnacle Drive Dear Mr. Llewellyn: Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, April 30, 1999. If you have any questions, please give me a call. Sinc y, i aymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls Preliminary Memo - Planning May 11, 1999 agenda items April 13, 1999 Page 2 — would agree to grant access to his property from the property to the north and to the property to the south if and when the applicant is granted access to these properties. Section 26.104 of the zoning regulations allows the Planning Commission to require access to abutting properties to improve general access and circulation in the area. — applicant should be aware that the traffic impact fee is approximately $11,500. — the plan should be revised to incorporate the VAOT's recommendation regarding shared access with the property to the south. TODD & MAUREEN WULFSON TRUSTEES - BOUNDARY ADJUSTMENT - REVISED FINAL PLAT — staff recommends that this plat be revised to show the new lot line and the old line to be dissolved, instead of creating a new substandard lot (lot 31 A). It is not clear that the intent is to merge lot 31 A with lot 31. — plan should be revised to note that the old property line is to be dissolved. — a legal document should be recorded prior to recording the final plat plan which indicates that lots #31 and 31 A are to be merged. MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: May 11, 1999 Agenda Items Date: April 19, 1999 GRAINGER TELECOMMUNICATIONS HUT - SHUNPIKE ROAD 1) Bituminous sidewalk should have a minimum 8 inch gravel base. 2) Telephone service vehicles shall not park on Shunpike Road but use Grainger parking lot when servicing the hut. OIL "N" GO - MARK HILL OWNER, SHELBURNE ROAD 1) The entrance drive shall be constructed so as to conform to the Shelburne Road proposed widening. 2) Shelburne Road is State maintained and a road opening permit will have to be obtained from them. LARKIN REALTY - 388 - 400 SHELBURNE ROAD - SITE PLAN 1. Shelburne Road is in the City of Burlington and any work in the street right of way will require a permit from the City. 2. Water and sewer services serving the proposed building should be shown on the plan also storm drainage from the site. PINNACLE R SPEAR ASSOCIATES -LOT 31 PROPERTY LINE ADJUSTMENT -PINNACLE DRIVE Property line adjustment plot plan prepared by Llewellyn, Inc., dated 3/31/99 is acceptable. MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: May 11, 1999 agenda items Date: April 14, 1999 1) NET & T 140 Shunpike Road Acceptable 2) John Larkin, Inc. 388 - 400 Shelburne Road The building should be sprinklered 3) Mark Hill 1691 Shelburne Road The building should be sprinklered 4) Todd & Maureen Wulfson Pinnacle @ Spear Acceptable Dated 3/23/99 Dated 3/4/99 Dated 3/26/99 Dated 4/8/99 CITY OF SOUTH BMINGTON Subdivision Application - FINAL PLAT 1) Dame of Applicant To dam- i- i su � 2) Name of. Subdivision 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application R. t. CoS'5 -ZlC)v Sunu�oti- U y. � L- j3Lk. 1-oka, L_•S^ e>CoS-(?51Z. 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: a.jn (iCC4D�:k LAj 5 S3 QA& o c� ca �� a.v� w )mac c vw} e„� S) -Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and c ntaining all information required under Section 202.1 the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. b) Submit two draft copies of all legal docents required under Section 202.1 (11) and (12) of the subdivision, regulations for a minor sudivision and under Section Z04.1(b) for a major subdivision. (Signature) t or contact person y-6-99 Date LLEWELLYN INCORPORATED April 8, 1999 Mr. Raymond J. Belair Assistant Zoning and Planning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Todd and Maureen Wulfson Lot 31 - Pinnacle @ Spear File: 99018 Dear Ray: Enclosed please find the Preliminary/Final Plat application and drawings for Todd and Maureen Wulfson. We request that you schedule a hearing date at your earliest convenience. Mr. and Ms. Wulfson will acquire a six foot wide strip of land (884 square feet), designated as Lot 31 A, to be amended to their Lot 31. This will provide the Wulfsons with a 96 foot front yard dimension. The process, required by the Pinnacle @ Spear Homeowners Association covenants, require that we subdivide Common Area "A" into two parcels: Common Area "A" (modified) and Lot 31 A. This is shown on the drawing entitled "Plat Showing Survey and Subdivision of a Portion of Property of Pinnacle @ Spear Homeowners Association", prepared by Llewellyn Incorporated and Button Associates, drawing 99018101, dated 3/31/99. This will create Common Area "A" with 26,206 square feet and Lot 3 1 A with 884 square feet. Lot 3 1 A will be immediately amended to Lot 31. This is shown on the drawing entitled "Plat Showing Boundary Line Adjustment Between Maureen and Todd Wulfson and Pinnacle @ Spear Homeowners Association", prepared by Llewellyn Incorporated and Button Associates, drawing 99018102, dated 3/31/99. Lot 31 will become 15,317 square feet. 4049 Williston Road • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com Engineering • Permitting • Consulting Services Mr. Ray Belair April 8, 1999 Page 2 A check for $85.00 is enclosed for the application fee. Thank you for your assistance. Sincerely, LLEWELLYN INCORPORATED Lance A. Llew�l n, P.E. cc: Todd and Maureen Wulfson Gerald Milot John Larkin Carl Lisman, Esq LLEWELLYN INCORPORATED FROM': City of So. B 1 e02 658 4748 1 FAX NO. : 1 e02 658 4748 ) Mar. 10 1999 12:41PM P1 CITY OF SOUTH BURLINGTON Subdivision Application _ SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record I�'lc.urEP^ Odd W�17so✓ �fG154fs; J Vr- b . Applicant C. Contact eiL cry - l /S11 2) purpose, location, and nature of subdivision or development, including number of lots, units. or parcels and proposed use(s). +�e4 3) Applicant's legal interest in the property (fee simple, option, etc. 4) Names of owners of record of all contiguous properties 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Post -its Fax Note 7671 T— RUM 1 Phone Fax M FROtl : City of So. B I FAX NO. : 1 802 G58 4748 Mar. 10 1999 12:42PM P2 6) Proposed extension, relocation, or modification of 1 municipal facilities such as sanitary sewer, Supply, y, streets, storm drainage, etc- 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning commission which affects the proposed subdivision, and include the dates of such actions: 'iaOf ✓GIi,.NCC 4lluwin Si�� 6if r? (t7 !2�UESl ilvMmncdett ivy 8) Submit five copies and one reduced copy (81 x 11, 81 x 14 or 11 x 17) of a Sketch plan showing the following information: a) Name and address of the owner of record and applicant. b) Name of owners of record of contiguous properties. c) Date, true north arrow and scale (numerical and graphic). d) Boundaries and area of: 1.) all contiguous land belonging to owner of record, and 2) proposed subdivision. e) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. f) Type of, location, and size of existing and proposed streets, structures, utilities, and open space. g) Existing zoning boundaries. h) Existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. i) Location of existing septic systems and wells. j) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. k) All applicable information required for a site plan, as provided in the South Burlington Zoning Regulations, shall be submitted for subdivisions involving a commercial or industrial complex, multi --family project, planned unit development, or planned residential development. - Z � � ,Sig,7at°are) ap-11ficant or contact person Date MEMORANDUM To: South Burlington Planning Commission From: Joe Weith, Director of Planning & Zoning Re: March 23, 1999 agenda items Date: March 19, 1999 3) DIRECTOR OF PLANNING & ZONING'S REPORT Enclosed are the Findings of Fact and Decision for the following site plan application: a) Site plan application of Dr. Michael Ziegler to amend a previously approved plan for a mixed use building consisting of 4,256 square feet of general office use and 1,792 square feet of personal service use, 1340 Williston Road. The amendment consists of interior alterations and changes in use resulting in the following: 1) 1,344 square feet of retail space, 2) 1,680 square feet of medical office space, 3) 2,128 square feet of personal service space, and 4) 896 square feet of general office space. APPROVED 4) MAUREEN & TODD WULFSON, TRUSTEES - BOUNDARY ADJUSTMENT - SKETCH PLAN This project consists of amending a previously approved planned residential development consisting of 80 lots. The amendment consists of a boundary line adjustment between lot #31 and common area "A" to increase the size of lot #31 by approximately 900 square feet, Pinnacle at Spear. The only issues affected by the boundary adjustment are lot size and frontage. Lot size/frontage: Both lots will meet the minimum lot size requirement of 12,000 square feet and the minimum frontage requirement of 85 feet. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 18, 1999 Maureen & Todd Wulfson 145 Cliff Street Burlington, Vermont 05401 Re: Boundary Adjustment, 29 Pinnacle Drive Dear Mr. & Mrs. Wulfson: Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, March 23, 1999 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. ncer y, Joe eith, Director PI 'ng & Zoning Mmcp Encls COMMON LAND AREA " 6" S",600 5.F. ci� \\ i ODD 4' AMUCK) Wmr50k1 PROPOSED NEW AOUNDAKY &A",Vorru yr nI LOT # 3 Iv \ PTNAIACLE AT SPFAR UTSTrNC BDUAJDAQY \ •_- 6 ^v� ) IN, OIJNid: \ i f:p 0#j LbJO RHEA "A' \\ Toda � Mmwn, LUA$ ,NZc 7S AREA: �� RRFia = 14 43q C uj C) \ I I II zi- rl 1 oc \ 4 DAVID CASTRVCGI C) Ago- lsni sr \' �/ CI f . 1 I 6, q0, \ PINNACLE Drive RECEIVLD I MAR 1999 oWUE�; P-sUDOtJ 16,rzz City of So. Burlington ARt:A' 922 S.F. State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD March 11, 1999 City of South Burlington Attn: Margaret A Picard, Clerk 575 Dorset Street South Burlington, VT 05403 Dear Ms. Picard, AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 103 South Main St. - Sewing Bldg. Waterbury VT 05671-0405 Telephone: (802) 241-3822 FAX: (802) 241-2596 Enclosed are copies of a public notice regarding the public comment period for a stormwater discharge permit proposed for reissuance to the L&M Partnership. One of these notices is information for local officials. Would you please post the other in a public place for disseminating this information to local residents ? We are also sending copies of this notice 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, Brian D. Kooiker, Chief Direct Discharge Section enclosures(3) cc. Board of Selectman (w/enclosure) Regional Offices - Barre/Essex Jct./Pittsford/Rudand/N. Springfield/St. Johnsbury AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WASTEWATER MANAGEMENT DIVISION 103 SOUTH MAIN STREET WATERBURY, VT 05671-0405 NOTICE: Draft Stormwater Discharge Permit PUBLIC NOTICE NUMBER: 1-1155 PUBLIC COMMENT PERIOD: March 15, 1999 through April 1.5, 1999 PERMITTEE INFORMATION PERMITTEE NAME: L&M Partnership PERMITTEE ADDRESS: 410 Shelburne Road South Burlington, VT 05403 PERMIT NUMBER: 1-1155 FILE NUMBER: 04-14 DISCHARGE INFORMATION NATURE: Treated Stormwater VOLUME: Unspecified RECEIVING WATER: Unnamed tributary of Potash Brook Unamed tributary of Lake Champlain EXPIRATION DATE: December 31, 2003 DESCRIPTION: This is a draft discharge permit proposed for reissuance to the the Miller Group for the discharge of treated and controlled stormwater runoff from the Pinnacle at Spear residential subdivision, Spear Street, South Burlington, VT. The discharges are to an unnamed tributary of Potash Brook and unnamed tributary of Lake Champlain after treatment and control via extended detention basins and flow across vegetated terrain. This is the renewal and amendment of an existing permit. TENTATIVE DETERMINATIONS Tentative determinations regarding effluent limitations and other conditions to be implied on the pending Vermont permit have been made by the State of Vermont Agency of Natural Resources (VANR). The limitations imposed will assure that the Vermont Water Quality Standards and applicable provisions of the Federal Clean Water Act, PL 92-500, as amended, will be met. Page 2 FURTHER INFORMATION The complete application, proposed permit, and other information are on file; and may be inspected at the VANR, Waterbury Office. Copies of the permit may be obtained by calling (802) 241-3822; cost of copies is 10 cents per page. Office hours are 7:45 a.m. to 4:30 p.m., Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Public comments on the proposed permit are invited. Comments should be submitted in writing, to the address listed below. Any submitted comments should include the permit number next to the VANR address on the envelope and on the first page of comments. Department of Environmental Conservation Wastewater Management Division 103 South Main Street Waterbury, VT 05671-0405 The comment period will close at the end of the business day April 15, 1999. Any person, prior to the above date, may submit a written request to this office for an informal public hearing to consider the proposed permit. A hearing will be held only if response to this notice indicates significant public interest. All comments received prior to the deadline date listed above will be considered in formulations of the final determinations. Once a final permit has been issued, following a public hearing and notice of this fact given, any person may, within thirty (30) days after the issuance of such notice, appeal the issuance of the permit to the Vermont Water Resources Board pursuant to 10 V.S.A., Chapter 47, §1269. Canute E. Dalmassee, Commissioner Department of Environmental Conservation y State of Vermont h .. Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1.800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD March 11, 1999 City of South Burlington Attn: Margaret A Picard, Clerk 575 Dorset Street South Burlington, VT 05403 Dear Ms. Picard, AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 103 South Main St. - Sewing Bldg. Waterbury VT 05671-0405 Telephone: (802) 241-3822 FAX: (802) 241-2596 Enclosed are copies of a public notice regarding the public comment period for a stormwater discharge permit proposed for reissuance to the L&M Partnership. One of these notices is information for local officials. Would you please post the other in a public place for disseminating this information to local residents ? We are also sending copies of this notice 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, ,(J 4d, Brian D. Kooiker, Chief Direct Discharge Section enclosures(3) cc. Board of Selectman (w/enclosure) Regional Offices - Earre/Essex Jct./Pittsford/Rutland/N. Springfield/St. Johnsbury, AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WASTEWATER MANAGEMENT DIVISION 103 SOUTH MAIN STREET WATERBURY, VT 05671-0405 NOTICE: Draft Stormwater Discharge Permit PUBLIC NOTICE NUMBER: 1-1155 PUBLIC COMMENT PERIOD: March 15, 1999 through April 15, 1999 PERMITTEE NAME: L&M Partnership PERMITTEE ADDRESS: 410 Shelburne Road South Burlington, VT 05403 PERMIT NUMBER: 1-1155 FILE NUMBER: 04-14 NATURE: Treated Stormwater VOLUME: Unspecified RECEIVING WATER: Unnamed tributary of Potash Brook Unamed tributary of Lake Champlain EXPIRATION DATE: December 31, 2003 DESCRIPTION: This is a draft discharge permit proposed for reissuance to the the Miller Group for the discharge of treated and controlled stormwater runoff from the Pinnacle at Spear residential subdivision, Spear Street, South Burlington, VT. The discharges are to an unnamed tributary of Potash Brook and unnamed tributary of Lake Champlain after treatment and control via extended detention basins and flow across vegetated terrain. This is the renewal and amendment of an existing permit. TENTATIVE DETERMINATIONS Tentative determinations regarding effluent limitations and other conditions to be implied on the pending Vermont permit have been made by the State of Vermont Agency of Natural Resources (VANR). The limitations imposed will assure that the Vermont Water Quality Standards and applicable provisions of the Federal Clean Water Act, PL 92-500, as amended, will be met. Page 2 FURTHER INFORMATION The complete application, proposed permit, and other information are on file; and may be inspected at the VANR, Waterbury Office. Copies of the permit may be obtained by calling (802) 241-3822; cost of copies is 10 cents per page. Office hours are 7:45 a.m. to 4:30 p.m., Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Public comments on the proposed permit are invited. Comments should be submitted in writing, to the address listed below. Any submitted comments should include the permit number next to the VANR address on the envelope and on the first page of comments. Department of Environmental Conservation Wastewater Management Division 103 South Main Street Waterbury, VT 05671-0405 The comment period will close at the end of the business day April 15, 1999. Any person, prior to the above date, may submit a written request to this office for an informal public hearing to consider the proposed permit. A hearing will be held only if response to this notice indicates significant public interest. All comments received prior to the deadline date listed above will be considered in formulations of the final determinations. Once a final permit has been issued, following a public hearing and notice of this fact given, any person may, within thirty (30) days after the issuance of such notice, appeal the issuance of the permit to the Vermont Water Resources Board pursuant to 10 V.S.A., Chapter 47, §1269. Canute E. Dalmassee, Commissioner Department of Environmental Conservation Paul G. & Karen L. Mayer 41 Pinnacle Drive South Burlington, Vt. 05403 March 16th, 1999 State of Vermont Environmental Board District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 Re: Application #4CO942-1 L & M Partnership Dear Commission Members: We would like to thank you for the opportunity to allow us additional information to support our position that the addition of seven lots will negatively affect us under criteria 8 of the regulations. Criterion 8: SCENIC BEAUTY AND AESTHICS We have attached to this letter a sworn affidavit by Paul G. Mayer & Karen L. Mayer that we were assured by John Larkin on several occasions that we would never have to worry about homes being built in our backyard. As proof, we submit the original plan that was furnished to all current and prospective home owners in the Pinnacle at Spear Development. We never had any reason to doubt John's word on this issue. We also feel that he would be the first person to tell you that this is a loophole. He is taking advantage of the situation at our expense! For information purposes, we had been looking at purchasing a lot in the development for years while the approval process was in motion. When we ultimately decided on lot 35 (now 41 Pinnacle Drive) it was based on the fact that we were assured that nothing would be built behind our home. For example, to add credibility to the trust between John and ourselves, please note that our foundation was in and the frame was started on our home before we had even closed on the lot or had our construction financing in place! Only after Mr. Milot questioned John did the actual closing for the lot occur (late in December of 1997). We also strongly believe that by allowing the additional lots that the spirit of the agreement will be negated. We are all aware of how long the negotiations went on before the development was ultimately agreed upon by all parries. To allow this hard fought agreement to be changed would be a travesty! We are the innocent parties to this transaction and would be the victims of any changes in the developers favor. In summary, we are not in favor of any additional lots being added to the original development. We would however possibly be receptive to some sort of Coving arrangement that was agreeable to the developer and the residents of Pinnacle at Spear. We personally feel that Mr. Warshaw has a distinct ability to create a plan that should be acceptable to all parties involved. We would encourage the board to secure an agreement from the developer to agree to cove the remaining lots. Respectfully submitted, L4 7,� Paul G. Mayer jai %.r�ot.xatca�c ac G""`•"'y fold a.td us.11om (Q � t4 aKK4GCK"-e . ` '�► Vermont Federal c lia.xc frackaycs .c �uucacic at S�icaa �� � Bank.. A&44e a e4'ld DouauKry oa azad UVM& diQturG:: �ted c2t A Federal Savings Dunk Ud4 Real FjtatL 65S-2000 - •:• 4!�Qe `j/�una�st �ede�ae a�rd ■ , �_����' .� c�au't?e 6'e eac'i u�itli tle cssadt PINNACLE: icusavatcve Gorse-u�xen acted eat¢ AT -it toe Qtate. Ze ease moat 0= aSPEAR pl 't at cuetarstene - arsd it Qlvcud. � 4t � •.• '�acvc ze�at:'orte`i�,fi cvit� �/eu�tartt 1 2 8 7 Wa4l tie 3 5 4 8 atzeccae �crra eus� 1iac!¢aye. 1�aa,iy 51 50 49 Car aww to rsa" a dacCe 4 Qaoi a� 48 1D 1 17 18 15 14 13 12 11 10 DUND■ 7/c lussacst J lstoet ClTCatcae il¢irt f o 47 20 21 22 23 24 25 28 27 28 29 30 31 #wdacte. 7utd oat w4 orse - uz -Pcvt 48 DIM 32 -41oulm st `iaadddd laae d"&t to 45 44 43 4 4 40 39 38 37 38 35 34 33 wee/ 11cwtode �?Cde4 - a COMM urn • . 1Cwto4 �edvtd sa4 kw 52 53 54 55 5g a00- 57 58 59 80 8 voted ��� �eaGe to �aril2�� tcua a _out pain 73 72 71 70 89 gg 87 � 92 /�� j�2ee �4eed �Q�¢C (:�'zarst�daut 84 ooiaaH tu+� 83 �G�Gart �d ,�QadcLd (�`taCCe r�a<aada. T IM lulh ® m 1.1 ■ ■ R 8 A L B S T A T 2 OVF.f?aSITE RAN ■■■■■ ■■■■■■■■■ ?,!� Affidavit United Slates ol'America ) Dr ict of state that: ?. UJacsidc at s Z-� A/ere 5 •���i �/�f-.�i.✓' ri(/�i �-e /� � D sir /'e � io�cNC'� /�/ �g�l�, 9 /� G� lu 13 14 15 16 17 1s 19 20 27 23 74 2)6 17 28 29 30 31 3? 33 34 35 36 37 33 39 44 t have read the foregoing statement consisting of pages, each of which 1 have Signed, I fully understand this statement and it is true, accurate and complete to the best of my knowledge and belief. I made the corrections shown and placed my initials opposite each I made this st.aternent freely and voluntarily without, threats or rewards, or promises of reward having been made to me in return for it. /Y� XUM rl (SitAr alnre ail : uu r) Suhscr7bed and sworn to bel'ore me this /7X// '-W4--c am 19 99 at�osYO3 (Signature) (Title) (Signature ot'wit.ness, if -any) 43 Pinnacle Drive South Burlington, VT 05403 March 15, 1999 Ms. Helen Toor, Chair District #4 Environmental Commission 111 West Street Essex Junction, VT 05452 Dear Members of the Commission: In response to your letter of March 5, 1 am submitting facts relating to the items for which I have been granted party status. Criterion 2 and 3: Because I had no idea when we moved into Pinnacle at Spear that water pressure would change as a function of the number of houses that were built, I never had a reading taken to get a baseline pressure. Recently we noticed that the pressure had decreased considerably and had the water department come out. Their measurement showed that the pressure was within normal limits. Since only one-third of the proposed houses are now occupied, I fear that when all of the seventy-three approved houses are built, the pressure will decrease even further. I worry that if eighty houses are permitted in this development, pressure might be unacceptably low. I can not obtain numbers to justify my concern, but I hope that the commissioners will be able to check this out. Criterion 8: As I mentioned at the hearing, when we purchased lot 36 there were many lots from which to choose. Ours was the third house built in Pinnacle at Spear. We were given the enclosed illustration of the approved development. Both Brad Merritt and Carol Dousevicz told us that lots 33 through 36 were the best ones because there would never be building behind us because of the wetlands and the common land. They explained that the front lots probably would have their view of the lake obstructed eventually as lots 1 through 8 were sold. The back lots, they said, would always have an unobstructed view, since the last houses would be at the cul de sac behind lots 37 and 38. We built our house with large windows in the rear, thinking that we had been given facts upon which decisions could be made. We have enjoyed the beautiful view of the mountains for three years, and are very upset at the possibility that we might be looking at the backs of houses only four hundred feet from our lot line. We shall no longer be able to see the mountains if the additional houses are permitted in this development. Respectfully submitted, Barbara ��F. Rippa/ Ak Vermont Federal Bank.. A Federal Savings Bank •i• &Ooae VPJL "4 �70dcTa a tpue ra & 4 me li toe "we cowaotm on4c�d earl¢ 14 tle ata.te. Ze C'm a44 0= ❖ `wWzo� wd `l/ew oar " wcai `l/Cwo*f 57edcud, ❖ l/eww4 �7edeTd dad dew odad 1740aute peace to 6444" Zc" emu to a nova ut the gai&waf" 7nee mead zal¢e MmEmmommummomomm 57on IMOW94419 oa e 9WV Bata a.cd caatOM lcaHce A4d4gea uc Puucacle at Stean e"d Douae«rq W 614d W watt Ma Red Satate 658-.?OX ■ ry m PL OVERALL SITE AN F4 Pqmrn © © o o m R E A L E S T A T E . . . . . . . . . . . . ■ . . 35 Pinnacle Dr. South Burlington, VT 05403 March 15, 1999 State of Vermont Environmental Board District 94 Environmental Commission I I I West St. Essex Junction, VT 05452 RE: Application #4C0942-1 L&M Partnership Dear Commission Members: I want to thank you for the opportunity to present information to the Commission concerning the request by L&M Partnership for 7 additional lots at the Pinnacle at Spear Development in South Burlington. I was granted Party Status for criteria 6 & 8. I would like to provide the following information to support my contentions. Criterion 6: Municipal Education Services A. Elementary Schools: I submit that even though the Superintendent of Schools for South Burlington has provided Mr. Larkin with an assurance that the 7 additional lots will not adversely impact school services by paying a school impact fee, this assurance is not reasonable given the data that the School Board has provided us as parents at their open hearings. This past year, the South Burlington elementary schools were forced to redistrict due to the crowding at the Orchard School, the school my child attends. I would not wish redistricting on any family. Given that this is the second redistricting at the elementary school level within the last five years, it appears that the South Burlington Schools have not come to grips with the influx of families that has occurred due both to relocations and new developments. This latest redistricting is only a temporary solution to a more serious problem in that the Orchard School will be near capacity once again as the 73 lots at Pinnacle at Spear Development are completed not to mention the additional 7 lots proposed. For example, enclosed is a document that was distributed to all elementary school parents (School Board Handout #1). After redistricting, the Orchard School will have 436 students which is at 85% Utilization. The School Board defines 100% Utilization as a critical juncture because scheduling of facilities becomes rate limiting. Thus the Orchard School reaches 100% Utilization with 510 students (this is labeled 85% Scheduling Factor on School Board handout #2). One needs to simply estimate the impact of the Pinnacle at Spear Development to appreciate why city educational services will be stressed unless the City deals with this issue immediately. Based on the number of houses at present in the development (i.e. 24) and the number of students that attend the Orchard School (i.e. 12), then if 80 houses are allowed in the development, this will generate approximately 28 new students, which will get the Orchard School almost 50% the way to 100% Utilization. Given that IDX has proposed 1400 new jobs in the coming years, one can assume that neighborhoods such as the Orchards which is next to IDX will be desirable for relocating families. This neighborhood is within the Orchard School District. I know of no solutions that have been provided by the School Board except to say that "we are dealing with this situation one year at a time ". As the parent of child who lived through the anxiety of redistricting I believe that South Burlington has not come to grips with the overcrowding and is doing the community a disservice by allowing developers to pay minimal impact fees per lot as a means of mitigating the problem with no concrete plans to deal with the situation. B. Middle & High Schools: At the School Board hearings we, as parents, were provided alarming statistics. Yes, redistricting is needed immediately to temporarily deal with overcrowding in the elementary schools, but more disturbing was that the Middle School was within 25 students of its maximum capacity and would reach its limits within the next year (see School Board Handout #3) A similar situation exists in the High School (see School Board Handout #4). These data suggest that although South Burlington may be a desirable community because of the quality of its schools, the house of cards will soon collapse unless something definitive is done to alleviate the crowding at all levels. I submit once again that the City should ban further housing development permits until they respond to this important issue. Thus, Mr. Larkin should not be granted his request for the 7 additional lots. Criterion 8: Scenic Beauty and Aesthetics A. Scenic Beauty: The Pinnacle at Spear Development was initially presented as a Sketch Plan to the South Burlington Planning Commission on 6/16/92. This initial plan proposed a 93-lot planned residential development on the 67 acre parcel. The developers then returned to the Planning Commission on 12/8/92 with a revised plan that proposed a 132-unit development. After deliberations with the Commission, the developers came to their final proposal as presented in their Preliminary Plat Application of 2/9/93 which requested the 73-lot development that the developers are now trying to amend to include an additional 7 lots. During the hearing process, Mr. Weith, the City Planner states that the city is trying "to maintain an open feeling in the quadrant" while one commissioner, Mr. Austin, opposed the development stating in the minutes that "He felt it doesn't match the features of the area and that 73 lots are too many. " Obviously after some give and take, the developers settled on the 73-lot development that was agreeable to and approved by the Planning Commission on 9/10/93. The approved development was designed to provide the impression of open space by grouping the lots and the creation of a large tract of open land (i.e. Common Land B). This large tract of Common Land was a major selling point for this development. In fact, commercial documents provided by the developer in conjunction with a local financial institution clearly indicate the presence of significant open space as a result of the Common land (see attached Vermont Federal Bank prospectus). I personally purchased lot 33 because the view from my property would be of open fields and trees, for which I also paid a premium relative to other lots. Evidence that the proposed additional lots will impact the scenic beauty is provided in the form of photographs that show how the view from my property appears at present, which is the view I assumed would always exist, as compared to a mock view that has houses on it. The mock view was created by taking a photograph from my house looking east towards the common land and then taking a photograph from the common land looking west to the existing houses in the Pinnacle Development without changing any of the camera settings. This photographic approach maintains the appropriate perspectives and distances. I challenge anyone to show these two photographs to a group of individuals and my prediction is that the majority of individuals would agree that the scenic beauty and aesthetics of the area would be compromised by the presence of the proposed houses. B. Inappropriate Use of Common Lands: During the approval process for the original development, the developers had given up their rights to develop Common Lands C & D as described in the State of Vermont Subdivision Permit Case#EC-4-1750 Dated 11/22/93. In order to add the seven lots as proposed the developers have used and altered these Common Lands. This is clearly inappropriate use of Common Lands. C. Alternate Designs: At the Preliminary Plat hearing for the proposed additional lots in July, 1998, the residents were given some hope by the Planning Commission when they suggested that the residents and Mr. Larkin work together on an alternate design for Phase 2 of Pinnacle at Spear. I, personally, developed a simple plan that added a single cul-de-sac without impinging upon the wetlands. This plan was discussed amongst the residents and was met with general approval. We submitted this design to Mr. Larkin. He was not impressed with my design expertise and returned 4 alternate designs. One of the designs, which was submitted to your Commission at the open hearing was acceptable to the residents. However, Mr. Larkin did not present this or any alternate designs to the Planning Commission at the open hearings. However, this does stress that alternate designs are possible and should not be summarily dismissed. At the same time last summer, my neighbor who is a civil engineer made me aware of an article in Civil Engineering News entitled "Coving" (a copy of which is enclosed). The article stresses that development design can move away from traditional straight line roads and go to more curvilinear street designs that will provide major benefits in terms of: a. less linear feet of paved roads (a benefit to the developer). b. generating more open space of the perception of such (a benefit to the homeowner, community, and developer due to the sale of more desirable lots). I contacted the author of the article, Rick Harrison, and he said that an alternate design would be easy to generate and one that would encompass all of our design criteria. My letter to him and his return FAX are provided as proof of this conversation and his willingness to help us in this matter. My hope is that you will have the foresight to reject Mr. Larkin's request and confront the implications of this request as compared to the South Burlington Planning Commission, who decided not to deal with these issues. Sinc 1 , Da . Warshaw, Ph.D. Criterion 6: Municipal Education Services Redistricting Process and Guidelines After several months of review, study, and public comment, the South Burlington School Board reached a decision in Jan- uary to redistrict students to achieve a more equitable distribution of students among the three elementary schools with regard to building utilization, personnel resources, and class size. Their decision has allowed for specific exceptions for the 1999--Z000 school pear only, These .� exceptions are explained below. it Voluntary Transfer: The Board invites p volunteers from the Orchard and Central 'O Schools to transfer their child to either Central or Chamberlin School, respec- tively, for next year. The Board will reim- burse parents at the district transportation rate (estimated at $220 per student) for M each child transported. Failing to achieve a net transfer from Orchard of 60+ students and from Central of 40+ students, the C Board will take the following redistricting p action. rU Redistricting: The identified neighbor- hoods for redistricting are as follows: F"m Orchard to Central (All neighborhoods accessible from Dorset Street) Ashbrook Indian Creek Dorset Farms National Country Club Dorset Park Old Cross Road I)»m Central to Chamberlin (All neighborhoods south of Van Sicklen Road accessi- ble from Hinesburg Road and all ne' hborhoods east of Hinesburg Road through Kenned rive northeast to Williston Road) Cheesefactory Road Shunpi a Road Dubois Drive Van Sicklen Road Georgetown Wellesley Grove Highland Terrace Williston Road Knoll Circle (West of Kennedy Millham Court Drive) Old Farm Road Windridge All students in the identified Orchard and Cen- tral neighborhoods will attend Central and Chamberlin School respectively, with no "grandfathering" of bus routes. This will result in projected school enrollments, percentage of utilization, and average class sizes as follows: Central Chamberlin rchard Enrollment 412 371 436 % Utilization 84% 87% 85% Teacher/Student Ratio 1:20 1:20 1:20 "Grandfather" Option: For 1999-2000 only, students presently in Grade 4 at Orchard and Central may be "grandfathered" for Grade 5 if parents provide transportation. There will be no reimbursement paid to parents who choose this option. Variance: For 1999-2000 only, students in either a looping or multi -age arrangement will be permitted to complete their existing as- signment based upon the principal's determi- nation that: • The current placement is in the child's best educational interest and is recommended by the school's educational support team, and • The class size remains at or below the dis- trict's actual FY00 average. • If a variance is granted, transportation is the responsibility of the parent and no trans- portation will be provided by the district. • The principal's decision shall be final. For 1999-2000 only, additional variances may be granted that meet the following criteria: • The child has an urgent educational need that can not be met at another elementary school, and • The continuation of the existing placement is in the child's best educational interest as recommended by the school's educa- tional support team, and • The class size remains at or below the dis- trict's FY00 average, and • This recommendation is approved by the principal. • If a variance is granted, transportation is the responsibility of the parent and no transportation will be provided by the dis- trict. • The principal's decision shall be final. Kindergarten Entrance Age: Beginning with 1999-2000, the Kindergarten entry age will be set at September 1. For 1999-2000 only, the Superintendent is authorized to waive the Kindergarten entry age only in certain cases, based upon the following criteria: • All waivers to the Kindergarten entry age will be considered after August 1, 1999, and • Kindergarten class size is at or below 16 students, and • The Educational Support Team has deter- mined the child's "readiness" for Kinder- garten through screening results and a developmental assessment. • New students to the community will not be considered for waivers. • The principal's decision shall be final. South Burlington School District Resdistricting/Reconfiguration Matrix School Board Handout #2 I& School Orchard Chamberlin Central Number of Classrooms 24 20 23 Maximum Capacity (25 students/classroom) 600 500 575 r� 85% Scheduling Factor 510 425 489 �y �� y t, l• lt'r�:;i "'''a•a��iSC `�ww„"t�'.r. S yryry,,�u'Y '�S "C`' �' a''eb v4se''4�`'�„'� `'iY3tl�tv,. 'n ....'r#iM ,. . .. _ _ .M u .s,rrwdtsa.dtvi- t„ ...� .. a7its. .; 1112/98 Enrollment 491 318 365 Redistricted Enrollment 424 358 392 Reconfigured Enrollment 400 365 409 _ _ # Teachers 24 18 20 # Teachers after Redistricting 22 19 21 # Teachers after Reconfiguration 22 19 21 ''1Rbs � ' ,�,'a��r'fi;""�-v" $' wf�"''.R�.�^i.'Y. Fy��w:Sa�1 :�w�� .,,R'St�'.+L �T+ �#W9 � s�,� { '. �jt..---� wAc.�... Y %�� � t k� I .. ..ova< , .� « .�.5`d•�'�IF� Jr�..� Current Class Size 20 18 18 Redistricted Class Size 19 19 19 Reconfigured_ Class Size 18 19 19 iE'k�.,q!�"«, e4V. Current %° Utilization @ Maximum 82% 64% 63% Redistricted Utilization @ Maximum 71 % 72% 68% Reconfigured % Utilization @ Maximum 67% 73% 71 % Current %Utilization @ 85% 96% 75% 75% Redistricted Utilization @ 85% 83% 84% 80% Reconfigured % Utilization @ 85% 78% 86% 84% Middle'8chool (6 8) - South Burlington School District 800 *Actual ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -- Projected 750 ♦ Max Capacity ...... .. ........................... ........................... ........................... V Action Limit 700---------------------------- ------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------- 650............ :--------- ----------------------------------------------------------------------------------- ...................... ..... ................................................................................................................ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 600 -------•..................................................................................... --------------------------------------------------------------------------- #::................----------......----.....---.......----------------•-----•---.....-------------------•-------..........------•. VVVVVVVVVVVVVVVVVVVVVIF 500 .................................................................:`...........------..........------------------------......--------..........-------------------------------------------------•-----••---.....---•----------------------•--...... 450 ... :: :: :; - ;` ................----------------------------------------------- . . . ....... 400 84 86 88 90 92 94 96 98 00 02 04 06 08 10 12 14 16 18 20 Prepared by: Bill Smith November 5,1998 Figure 7 1,300 1,200 1,100 1,000 900 800 700 600 High School (9-12) South Burlington School District -0 Residents - —Proj Resid - -- - ♦ Max Capacity ♦ Action Limit - -- -- -- n Tuition • Proj Tuition ------------- p 0_ p - ----------------- -----------------`/ n d p: -A Q Q ..--------- =..:0- ----------------- ------------------------------------ ---_... , ............................... -------------- - ... _..... ... .._. •.... 40 • ••. AAAAAAAAAAAAA '..1...7...T... L.--- V..V--- V--- T--- V.- .. ...V--- T--- T..V.. .. --I 500 84 86 88 90 92 94 96 98 00 02 04 06 08 10 12 14 16 18 20 Prepared by. Bill Smith November 5,1998 Figure 8 Criterion 8: Scenic Beauty and Aesthetics ■ Vermont Federal IW Bank,. A Federal Savings Bank •:• 6laojc ?/euuoKt �7cc&me aird ryou'Qe �e �u u<c't�i tle �raet urctavatcuc G�cQucscen ax'e�rtated Ba�rle ur tle atate, ZfJe eau a44 04T cairomew-aord a drawd, •:• 2104a zdatio ";& wit`i 11CW04 7cdc)zae Sage 04 k y� WC-d t�se sAeeiae A4e&,ge, '�au'ee eoi� to gave a o� aoi r *wtoKt'S moot rJrcative 4ao&t j Au,4 ctQ, 7usd out w4 apse - uz -Paz 11ezcU44 lau�ioed4 !rave clsctj&t to " Wa4 ?/Cug"t �7edereae, •:• 11CW04 �7edeaae l" k&t uoted "6;7avaaite ;D&ce to Ea4rle" tuo efe ucKawoeut`eFai& r" �lra Pu" za1¢e el awA4U4 la Readcu' OVBZAU. SITE RAN ■■■■■■■■■■■■■■■■ jl02 %.r�otmatch�c oK tots 4,a custom lsamc �iac�a9ca uc Powae-& at SAza: �atoC DouaccKcj oa bzad 7ilac�clz 7XWt ,kcal 544,4c 6.5S- 2" ■ `j/cwtogr �7edc=l Earle cd A&aeed to awwamce #eeiae Pta" �n t(ie distiu �rcd e45(eT at PINNACLE ■ ■ ,6&"um4 m4T4eted 4. ■ In u 11 m R 8 A L B S T A T 8 �1 PRESENT VIEW PROPOSED VIEW July 27, 1998 Rick Harrison Site Design 2620 Huntington Ave. South St. Louis Park, MN 55416 Dear Sir/Madam: I just spoke to one of the employees at your firm and provided a brief description of our development and the need for a potential design. Enclosed you will find a copy of the proposed site plan for a new section to our development. I was wondering if it is possible to come up with another design that meets the following requirements: 1. The number of lots must be maintained at 29. 2. A connecting road to adjacent development must be in place and will be built. 3. An easement to future development properties must be maintained exiting at the right of the property. Goal is to maintain as much open land to the right of the property as possible. Preferably there be no properties beyond or much beyond the connecting road (#2). My goal is to provide the developer with a sketch plan that he will accept. The odds are that he will reject anything we provide. Therefore, I do not want to invest a lot of money into a potential design. However, I might try and use it at a Planning Commission meeting to argue that other possible plans are viable that will protect the scenic beauty of the common land. I hope that we can do business and will be looking forward to your response. incerely, id shaw 802-656-4300 802-656-0747 (FAX) warshaw@salus.med.uvm.edu HUG-25-9G TUE 07:13 HM 7425 391577i F.J1 FAX COVER SHE 900 Site Design and Software Services 2620 Huntington Avenue South St. Louis Park, MN 55416 (612) 922-2454 - Office (612) 922-5584 - Fax E-Mail: Malibu310@aol.com To: Company: From: R Attention: DQ"-)e, (j­)C v'r4 Date: Fax Number: d Phone Number: DUrgent Reply ASAP n Please Comment u Please Review For Your Information Total pages, including cover sheet Comments: Uj. c x-,e 10o k;,r r �•.�c�f�, , Ll.j V +k Dc,.o e- L J c,.,rsV, c,,� S 01AAV 91 I Z ^ %eN , Vern, i LLEWELLYN INCORPORATED March 29, 1999 District #4 Environmental Commission Environmental Board State of Vermont 111 West Street Essex Junction, Vermont 05452 Re: Pinnacle @ Spear (Nowland II) LUP # 4CO942-1 Hearing Recess Order Response 2 File: 97024 Ladies and Gentlemen: We have received three sets of comments from parties granted preliminary party status under rule 14(A)(5) in response to your Hearing Recess Order of March 5, 1999. These comments were from Barbara Rippa, David Warshaw and Paul Mayer. On behalf of the Applicants, we wish to provide information in response to these comments. In order received and numbered in accordance with the respondents comments: 1. Barbara Rippa Criterion 2 and 3: Ms. Rippa expresses an opinion about their home water pressure that is speculative and was not substantiated with numerical results. We also note that she has not provided any supporting data although she states that she had the water department come out and that their "measurement showed that the pressure was within normal limits". It is understood that additional houses added to a water main ma produce lower operating pressures if multiple users are drawing water concurrently. The addition of seven homes per this application (not eighty as she misleadingly states) will not significantly affect her water pressure. Water is provided by the Champlain Water District (CWD). Water supply is not an issue; there is plenty of water. We have again contacted CWD and obtained its concurrence that the addition of these seven homes are acceptable and will not reduce pressures to unacceptable levels. We are enclosing information from CWD. This information includes fire hydrants flow tests at two 4049 Williston Road • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com Engineering • Permitting • Consulting Services District #4 Environmental Commission March 29, 1999 Page 2 pertinent locations adjacent to Pinnacle @ Spear. Fire hydrant flow testing is a typical means of evaluating a water system as to available flow and pressure. The results of these tests indicate the following: Hydrant 164 - west side of Spear Street north of Overlook Park - shows a static pressure of 57 psi and a residual pressure of 40 psi while flowing at 1,061 gpm. Hydrant 178 - southwest of the intersection of Spear Street and Pinnacle Drive (Nowland Farm Dr.) - shows a static pressure of 55 psi and a residual pressure of 40 psi while flowing at 1,615 gpm. These pressures should be indicative of those found in Pinnacle @ Spear. As a guideline, we are enclosing an excerpt Section 8.1.1 from the Vermont Water Supply Rules - Chapter 21. Appendix A. Vermont Standards for Water System Design, Construction and Protection. A minimum water pressure of 20 psi is required at ground level and normal working pressures should be between 36 and 60 psi. This is consistent with the information provided by CWD. Finally, the Subdivision Permit creates a rebuttable presumption that the proposed project satisfies Criteria 2 &3. Criterion 8: Again we are responding to an opinion that can not be supported. Mr. Larkin (as the Applicant) has testified that he never said there would not be additional homes in this development. Obviously, the Declaration Of Covenants and Conditions For Pinnacle At Spear , provided to you on March 17,1999, clearly state in Article VI OPEN LAND, Section 6.02 Conversion to Lots, that open land (excluding wetlands) may be converted to lots at any time. The "handout" provided to prospective buyers is a sketch that clearly shows the extension of Vale Drive. This suggests that future development would be most likely to occur along this roadway extension. Since the roadway was always shown extending to the north, it is logical to assume additional development would be located along that road. We cannot substantiate nor deny the comments attributed to Brad Merritt or Carol Dousevicz. It is still true, however, that no houses will be built immediately behind the Rippa house but could be four hundred and fifty feet behind her. As for her font yard view of the Lake being blocked by Lots 1 - 8, it appears that Lots 9-15 and 25 - 30 would present far greater obstacles. We do not agree that the Rippas, or others, will "no longer be able to see the mountains if the additional houses are permitted in this development". These houses will be subject to the same height restrictions as those in the first sections of Pinnacle @ Spear and those on the golf course LLEWELLYN INCORPORATED District #4 Environmental Commission March 29, 1999 Page 3 development abutting these lots. In addition, these houses will not be a solid wall of construction as suggested and will occupy only a portion of their easterly view. The additional lots will not have an undue adverse effect on the scenic natural beauty of the area or aesthetics. The burden of proof with respect to Criterion 8 rests on a party opposing the applicants. The Project is not out of character with its surroundings. The additional lots "fit" the context within which it will be located. Nor are there undue effects, following the Quechee analysis. (a) There is no clear written community standard for aesthetics that applies to this parcel or surrounding area; (b) The average person should not find the Project offensive. The ues is consistent with other residential uses in the area, is well hidden from major corridors, and has the approval of the representative body of the citizens of South Burlington, i.e. the Planning Commission; (c) The developer has explored several schemes and this is the one approved under South Burlington's zoning requirements. 2. David Warshaw Criterion 6: Mr. Warshaw has presented statistics provided by the South Burlington School District that reflect the current position and thinking of the South Burlington School Board. With normal and projected growth, due to multiple housing developments planned and proposed in South Burlington, it appears the School Board is keenly aware of its responsibility to serve the entire community by providing education planning for residents and those that would choose to be South Burlington residents. We feel that being a desirable place to work and live should not preclude others from sharing the same benefits of living in South Burlington. Mr. Warshaw states that "the City should ban further housing development permits until they respond to this important issue (crowding at all levels)". A telephone call to Joe Weith on March 25, 1999 resulted in the following statistic. At present, not considering developments in progress, there are approximately 800 existing permits for homes (single and multi) that could be built today. The School Board is addressing this issue. The 7 homes proposed by this amendment application were factored into the positive response received from Mr. Bruce Chattman, Superintendent of Schools. Criterion 8: A. Scenic beauty is a very subjective concept. It would be foolish to argue Mr. Warshaw's idea of scenic beauty is wrong and ours is correct or vice versa. We do not, however, see the relevance of his opening remarks. LLEWELLYN INCORPORATED District #4 Environmental Commission March 29, 1999 Page 4 The Sketch Plan phase of the development process is a fact finding process. The applicant is looking for input from the Planning Commission, adjacent land owners and interested parties. The give and take process Mr. Warshaw sites is exactly how the process is suppose to work. The result of the permit process was the creation of this, and countless other, developments. No doubt, Mr. Warshaw and others were on the sidelines waiting to buy "their" lot. Contrary to the tone of his letter, in the same year this project was permitted, the Planning Commission and City Council, approved a density change in the Southeast Quadrant from 1.1 to 1.2 units per acre. Perhaps the City was doing its part to address urban sprawl. We understand the Bank brochure was prepared by the Bank and not the developer. B. Presently, there are Deferral Permits on Common Lands C & D (DE-4-1880 and DE-4-1881) not Subdivision Permit EC-4-1750 as Mr. Warshaw states. As part of this Amendment Application, we have submitted amendment applications for these deferral permits. It is of note that the present deferral permits for Common Lands C and D are for 0.58 and 4.57 acres, respectively. The deferral permit amendment applications would enlarge these areas to 0.94 and 6.08 acres, respectively. C. In good faith, Mr. Larkin requested we look at alternatives as requested by the neighbors. We did so and did not find any that were as suitable as the one ultimately presented. It is understood, that the Planning Commission was asked to review and approve a submitted design. They are sensitive to the public but must make their determinations on the best plan not necessarily the "neighbor's" plan. The time and money spent by the Applicant was significant. However, given the relatively few lots, wetlands and other parameters, the plan before the District Commission satisfies the criteria. To suggest that the Planning Commission did not "deal with these issues" is an affront to their abilities and role as the City's planners. Mr. Warshaw sites the benefits that may be derived from "coving", based on an article in CE News/July 1998. Coving may or may not be applicable to a proposed development and is contingent on lot sizes, topography, amenities, number of units, etc. Adding seven lots by extending a cul de sac and providing a connection to an adjacent development does provide less opportunity for coving. I also spoke with Rick Harrison, the author of the coving article, on three occasions. He does not remember providing a design and was never contracted to do any layouts for Mr. Warshaw. It is interesting however, that the criteria provided to Mr. Harrison by Mr. Warshaw (see Warshaw letter dated July 27, 1998), acknowledged the additional seven lots, the construction of the connecting road and an easement to adjacent properties to the north, just as proposed. Mr. Harrison felt that coving, versus a more conventional design, would not affect the views from LLEWELLYN INCORPORATED District #4 Environmental Commission March 29, 1999 Page 5 existing houses for this project. Mr. Warshaw has not provided a workable or acceptable plan, nor has he demonstrated a particular aptitude to produce such a plan. While we concede this is not rocket science, there are considerations that must be taken into account as the plan develops. We again note that, in the design criteria Mr. Warshaw provided to Rick Harrison Site Design, he agreed the number of lots (in this phase) is 29, the connecting road must be in place and a future easement provided to the north. We are convinced the plan before you, approved by the City of South Burlington's Planning Commission and various State agencies is the correct plan to accomplish these goals. The additional lots will not have an undue adverse effect on the scenic natural beauty of the area or aesthetics. The burden of proof with respect to Criterion 8 rests on a party opposing the applicants. The Project is not out of character with its surroundings. The additional lots "fit" the context within which it will be located. Nor are there undue effects, following the Quechee analysis. (a) There is no clear written community standard for aesthetics that applies to this parcel or surrounding area; (b) The average person should not find the Project offensive. The ues is consistent with other residential uses in the area, is well hidden from major corridors, and has the approval of the representative body of the citizens of South Burlington, i.e. the Planning Commission; (c) The developer has explored several schemes and this is the one approved under South Burlington's zoning requirements. 3. Paul Mayer Criterion 8: Mr. Larkin denies that he ever said there would be no additional homes. At the time the project was permitted, the allowable density provided for 73 lots. The City of South Burlington, by revising the allowable density in the Southeast Quadrant, provided the vehicle to permit the additional seven lots - the Planning Commission has now allowed. Mr. Mayer states that he built the foundation and began framing (in the fall of 1997) and did not close on the lot until December, 1997. Mr. Larkin retained Llewellyn Incorporated in October, 1997 to begin the Amendment process to add the seven lots. Obviously, the zoning change that revised the density in the Southeast Quadrant from 1.1 units per acre to 1.2 units per acre occurred prior to the date of construction and/or purchase. The date of the density change was August 22, 1994 (according to Ray Belaire, Assistant City Planner). Llewellyn Incorporated was retained in October 1997 and the Planning Commission received our plans in February 1998. The "handout" provided to prospective buyers is a sketch that clearly shows the extension of LLEWELLYN INCORPORATED District #4 Environmental Commission March 29, 1999 Page 6 Vale Drive. This suggests that future development would be most likely to occur along this roadway extension. Since the roadway was always shown extending to the north, it is logical to assume additional development would be located along that road. The additional lots will not have an undue adverse effect on the scenic natural beauty of the area or aesthetics. The burden of proof with respect to Criterion 8 rests on a party opposing the applicants. The Project is not out of character with its surroundings. The additional lots "fit" the context within which it will be located. Nor are there undue effects, following the Quechee analysis. (a) There is no clear written community standard for aesthetics that applies to this parcel or surrounding area; (b) The average person should not find the Project offensive. The ues is consistent with other residential uses in the area, is well hidden from major corridors, and has the approval of the representative body of the citizens of South Burlington, i.e. the Planning Commission; (c) The developer has explored several schemes and this is the one approved under South Burlington's zoning requirements. Since our Hearing on January 22 the following permits or draft permits have been received and are attached: 1. Subdivision Permit EC-4-1750-1 2. Draft Discharge Permit #1-1155 Sincerely, LLEWELLYN INCORPORATED Lance . Llew 1 , P.E. Enclosures LLEWELLYN INCORPORATED District #4 Environmental Commission March 29, 1999 Page 7 cc: L&M Partnership, c/o John Larkin 410 Shelburne Road South Burlington, Vermont 05403 L&M Partnership, c/o Gerry Milot 925 AIA Hillsboro Beach, Florida 33062 Chair, City Council/Chair, Planning Commission City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Arthur Hogan, Jr., Executive Director/CCRPC P.O. Box 108 Essex Junction, Vermont 05453 Jonathan Peress, Associate General Counsel/Agency of Natural Resources 103 South Main Street - Center Building, 3' Floor Waterbury, Vermont 05671-0301 Paul Mayer 41 Pinnacle Drive South Burlington, Vermont 05403 Barbara Rippa 43 Pinnacle Drive South Burlington, Vermont 05403 David Warshaw 35 Pinnacle Drive South Burlington, Vermont 05403 Ann Leavitt 312 Four Sisters Road South Burlington, Vermont 05403 Henry Brattlie 47 Pinnacle Drive South Burlington, Vermont 05403 LLEWELLYN INCORPORATED Champla.111' Water District - Fh,; Flows City' Street Date Tested Tested By South Burlington SpearStreetS-tree-f- 09-17-98 Moe / Eric Location Description I Notes FTh e flow hydrant -(-16-4) is —located - -- on —the —w- e--s-ts—i d-e— o-—fSpear St. north of Overlook Park. The residual hydrant (178) is located southwest of the intersection of Spear St. and Pinnacle Dr. FLOW HYDRANTS Flow Hydrant #1 Hydrant Number Static Pressur Residual Pressure Hydrant Outlet Dia. (d Hydrant Coef. (C) Flow (q1) [GPM 64 57 40 2.5 .9 1,061 Flow Hydrant #2 Hydrant Number Static Pressur Residual Pressure Hydrant Outlet Dia. (d Hydrant Coef. (C) Flow (q2) [GPM ........ . ............. 0 Flow Hydrant #3 Hydrant Numbe Static Pressur Residual Pressure Hydrant Outlet Dia. (d Hydrant Coef. (C) Flow (q3) [GPM 0 Total Flow (Q) [GPM] 1,061 RESIDUAL HYDRANTS Hydrant Numbe Static Pressure Residual Pressur Residual Hydrant #1 178 - 5 1 5 40 Hydrant Numbe Static Pressure Residual Pressur Residual Hydrant #2 Hydrant Numbe Static Pressure Residual Pressur Residual Hydrant #3 CALCULATED Worst Case Hydrant Hydrant Numbe Static Pressure (SP) Residual Pressure (R Fire Flow at 20 psi Residual (Q20) 164 57 40 j 1,615 Hydrant Coefficients To determine hydrant coefficient (C)- match hydrant outlet to one below C = 0.9 C = 0.8 C = 0.7 Calculations Flow(q) = 29.83 x C x d A 2.0 —p Total Flow(Q) = ql+ q2 + q3 Q20 = Q x (Hr A 0.54)/(Hf A 0.54) Where: Hr = Drop from original static pressure to 20 psi Hf = Pressure drop during test in psi SP-RP 'v _ .MONT WATER SUPPLY RULE - CHAT- . —� 21 APPENDIX A VERMONT STANDARDS FOR WATER SYSTEM DESIGN, CONSTRUCTION AND PROTECTTON Modified From: Recommended Standards for Water Works, 1987, By Great Lakes Upper Mississippi River Board of State Public Health and Environmental Managers A-i Iv w1ONT WATER SUPPLY RULE - CHAI _ R 21 Part 8 DISTRIBUTION SYSTEMS 8.0 Materials 8.0.1 Standards, Materials Selection Pipe, fittings, valves and fire hydrants shall conform to the latest standards issued by the AWWA. Special attention shall be given to selecting pipe materials which will protect against both internal and external pipe corrosion. 8.0.2 Used materials Water mains which have been used previously for conveying potable water may be reused provided they meet the above standards and have been restored practically to their original condition. 8.0.3 Joints Packing and jointing materials used in the joints of pipe shall meet the standards of the AWWA. Pipe having mechanical joints or slip-on joints with rubber gaskets is preferred. 8.1 Water Main Design 8.1.1 Pressure All water mains, including those not designed to provide fire protection, shall be sized after a hydraulic analysis based on flow demands and pressure requirements. The system shall be designed to maintain a minimum pressure of 20 psi at ground level at all points in the distribution system under all conditions of flow. The normal working pressure in the distribution system should be approximately 60 psi and not less than 35 psi. 8.1.2 Diameter The minimum size of water main for providing fire protection and serving fire hydrants shall be eight inch diameter. Larger size mains will be required if necessary to allow the withdrawal of the required fire flow while maintaining the minimum residual pressure specified in 8.1.1. 8.1.3 Fire Protection When fire protection is to be provided, system design shall be such that fire flows and facilities are in accordance with the current requirements of the state Insurance Services Office or the local fire department. 8.1.4 Small Mains Any departure from minimum requirements shall be justified by hydraulic analysis and future water use, and will be considered only in special circumstances. 8.1.5 Hydrants A-8-1 State of Vermont 41 SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1750-1 PIN: EJ96-0037 Landowner: L & M Partnership (c/o John Larkin) Address: 410 Shelburne Road South Burlington, Vermont 05403 This project, consists of a seven lot subdivision, lots 63 through 69. In addition, reconfiguring lots 52 - 73, renumbering lots 63 - 73 previously approved in Subdivision Permit # EC-4-1750, and revising sewer easement areas, building sewer and water service line locations for lots 52 - 73, previously approved in Subdivision Permit # EC-4-1750. The project, which will utilize municipal water and sewer services and is located off Spear Street in the city of South Burlington , Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250 case number . This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry -phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by Llewellyn Incorporated, Vaugh C. Button, L.S., and Fitzpatrick - Llewellyn Incorporated, which have been stamped "approved" by the Wastewater Management Division: Project 97024; "Pinnacle @ Spear"; Overall Site Plan; Sheet: 1 of 9;Dated June 1998; Last revised Jan 1999; Plan & Profile - Station 0+00 to 11+00; Sheet 3 of 9; Dated June 1998; Last revised Dec 1998; Plan & Profile - Station I 1+00 to 16+93; Sheet 4 of 9; Dated June 1998; Last revised Feb 1999; General/Sanitary - Details & Specifications; Sheet 6 of 9; Dated June 1998; Water Supply - Details & Specifications; Sheet 7 of 9; Dated June 1998; Stormwater/Erosion - Details & Specifications; Sheet 8 of 9; Dated June 1998; prepared by Llewellyn Incorporated. Proj. No.: 987004; "Pinnacle @ Spear (Formerly Nowland Two)"; Final Plat for Subdivision; Dated 8-21-98; Last revised 1-05-99; Final Plat for Subdivision; Sheet 2 of 2; Dated 8-21-98; Last revised 1-05-99; prepared by Vaughn C. Button, L.S. Project Number 95036; "Nowland Two"; Sanitary Sewer Extension; Sheet 1 of 2; Dated April 1995; Last revised 4/19/85 Sanitary Sewer Extension Profile; Sheet 2 of 2; Dated April 1995; prepared by Fitzpatrick - Llewellyn Incorporated. Subdivision Permit EC-4-1750-1 L & M Partnership Page 2 The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 3, Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. All conditions set forth in Subdivision Permit # EC-4-1750 shall remain in effect except as modified or amended herein. 6. A copy of the approved plans and this permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. WATER SUPPLY The water main extension is approved provided the water main extension is constructed in strict accordance with the Agency of Natural Resources, Water Supply Division's "Public Water System Permit to Construct " Project # E-0262 WSID # 5091. 10. Each lot is approved for water supply by connection to the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. Subdivision Permit EC-4-1750-1 L & M Partnership Page 3 SEWAGE DISPOSAL 11. Each lot is approved for wastewater disposal by connection to the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 12. This project has been reviewed and is approved for the construction of one, four bedroom single family residence on each of the approved lots. Construction of other type of building or dwellings, including public buildings, commercial buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Wastewater Management Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 13. A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Wastewater Management Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each segment of the sanitary sewer extension and all manholes, as described in Appendix A, of the Environmental Protection Rules. 14. This project (lots 63 - 69), has been granted a 10% reduction in design wastewater flow, based on the proposed installation of water saving plumbing fixtures. Accordingly, the plumbing fixtures utilized throughout the project shall comply with the following performance specifications: water closets - 3.5 gallons/flush, maximum; showerheads - 2.0 gpm, maximum; and lavatory/sink faucets (aerators or flow regulators) - 2.0 gpm, maximum. Fixtures complying with such performance standards shall be permanently maintained throughout the project. Subdivision Permit EC-4-1750-1 L & M Partnership Page 4 15. The project (lots 63 - 69) is approved for connection to the Bartletts Bay wastewater treatment facility for a maximum of 3,619 gallons of sewage per day. 16. The project shall obtain or include legal easements, as shown on the approved plans, which grants the project the right to construct, maintain, and replace a wastewater collection system in the subject location, together with the right to enter upon the property for construction, inspection, maintenance, and other such reasonable purposes as may arise regarding the wastewater collection system. Dated at Essex Junction, Vermont on this 24`h day of February, 1999. Canute E. Dalmasse, Commissioner Department of Environmental Conservation BY --William E. abiloski Assistant Regional Engineer c For the Record South Burlington Planning Commission & Selectboard Act 250 coordinator - James Boyd Water Supply Division Llewellyn Incorporated Vaugh C. Button, L.S. Fitzpatrick - Llewellyn Incorporated State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Volce 1-800-253-0195 Voice>TDD March 11, 1999 City of South Burlington Attn: Margaret A Picard, Clerk 575 Dorset Street South Burlington, VT 05403 Dear Ms. Picard, AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 103 south Main St. - sewing Bldg. Waterbury VT 05671-0405 Telephone: (802) 241-3822 FAX: (802) 241-2596 Enclosed are copies of a public notice regarding the public comment period for a stormwater discharge permit proposed for reissuance to the L&M Partnership. One of these notices is information for local officials. Would you please post the other in a public place for disseminating this information to local residents ? We are also sending copies of this notice 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, / ^-' n - 41 Brian D. Kooiker, Chief Direct Discharge Section enclosures(3) cc. Board of Selectman (w/enclosure) Regional Offices - Barre/Essex Jct./Pittsfo�d/Rufland/N. Springfield/St. Johnsbury AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WASTEWATER MANAGEMENT DIVISION 103 SOUTH MAIN STREET WATERBURY, VT 05671-0405 NOTICE: Draft Stormwater Discharge Permit PUBLIC NOTICE NUMBER: 1-1155 PUBLIC COMMENT PERIOD: March 15, 1999 through April 15, 1999 PERMITTEE NAME: L&M Partnership PERMITTEE ADDRESS: 410 Shelburne Road South Burlington, VT 05403 PERMIT NUMBER: 1-1155 FILE NUMBER: 04-14 NATURE: Treated Stormwater VOLUME: Unspecified RECEIVING WATER: Unnamed tributary of Potash Brook Unamed tributary of Lake Champlain EXPIRATION DATE: December 31, 2003 DESCRIPTION: This is a draft discharge permit proposed for reissuance to the the Miller Group for the discharge of treated and controlled stormwater runoff from the Pinnacle at Spear residential subdivision, Spear Street, South Burlington, VT. The discharges are to an unnamed tributary of Potash Brook and unnamed tributary of Lake Champlain after treatment and control via extended detention basins and flow across vegetated terrain. This is the renewal and amendment of an existing permit. TENTATIVE DETERNIINATIONS Tentative determinations regarding effluent limitations and other conditions to be implied on the pending Vermont permit have been made by the State of Vermont Agency of Natural Resources (VANR). The limitations imposed will assure that the Vermont Water Quality Standards and applicable provisions of the Federal Clean Water Act, PL 92-500, as amended, will be met. Page 2 FURTHER INFORMATION The complete application, proposed permit, and other information are on file; and may be inspected at the VANR, Waterbury Office. Copies of the permit may be obtained by calling (802) 241-3822; cost of copies is 10 cents per page. Office hours are 7:45 a.m. to 4:30 p.m., Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Public comments on the proposed permit are invited. Comments should be submitted in writing, to the address listed below. Any submitted comments should include the permit number next to the VANR address on the envelope and on the first page of comments. Department of Environmental Conservation Wastewater Management Division 103 South Main Street Waterbury, VT 05671-0405 The comment period will close at the end of the business day April 15, 1999. Any person, prior to the above date, may submit a written request to this office for an informal public hearing to con§ider the proposed permit. A hearing will be held only if response to this notice indicates significant public interest. All comments received prior to the deadline date listed above will be considered in formulations of the final determinations. Once a final permit has been issued, following a public hearing and notice of this fact given, any person may, within thirty (30) days after the issuance of such notice, appeal the issuance of the permit to the Vermont Water Resources Board pursuant to 10 V.S.A., Chapter 47, §1269. Canute E. Dalmassee, Commissioner Department of Environmental Conservation �1 State of Vermont a n Department of Fish and Wildlife Department of Forests. Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800.253-0195 Voice>TDD March 11, 1999 John Larkin L&M Partnership 410 Shelburne Road South Burlington, VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 103 South Main St. — Sewing Bldg.. Waterbury VT 05671-0405 Telephone: (802) 241-3822 FAX: (802) 241-2596 Re: Draft Discharge Permit #1-1155 - Amendment & Renewal Dear Mr. Larkin, The Department is proposing to issue the above referenced permit for the discharge of stormwater from the "Pinnacle at Spear" (formerly Nowland II) to unnamed tributaries of Potash Brook and Lake Champlain. A draft of this permit is enclosed for your review and comment. Please review this draft permit carefully and note the inspection, maintenance, reporting requirements and other operating conditions. Per you request, this permitting action renews this permit h and authorizes the construction of an extension to Vale Drive. Also please note, that this project lies within a watershed which has been designated as impaired under recent a federal classification, therefore as part of a future efforts to correct these problems, additional stormwater controls may be need to be implemented throughout the Potash Brook watershed. Prior to implementing such controls there will be further investigation of the causes of the problems in the watershed and opportunities for the effected parties and the public to comment on the correction plan. To expedite issuance of this permit, we are placing this draft on public notice at this time. The notice period will run from March 15, 1999 through April 15, 1999. After any comments received during the notice period have been addressed, the permit will be sent to the Secretary of the Agency of Natural Resources or her designated representative for final approval and signature. If you have any questions regarding the draft permit or the permit process, please contact Randy Bean at our office. Sincerely, Brian D. Kooiker, Chief Direct Discharge and O&M Section Enclosures cc: Essex Jct. Act 250 Office Llewellyn, Inc. Regional Offices - Barre/Essex Jct./Pittslord/Ruland/N. Sprngfield/St. Johnsbury File No. 04-14 PIN. EJ98-0286 Permit No. 1-1155 STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION DRAEI DISCHARGE PERMIT STORMWATER RUNOFF TO WATERS OF THE STATE In compliance with provisions of 10 V.S.A. 1263 and 10 V.S.A. 1264 L&M Partnership 410 Shelburne Road South Burlington, VT 05403 and in accordance with "Terms and Conditions" hereinafter specified, the above named permittee is hereby granted permission to discharge stormwater runoff from the roadways, parking, and roofs from the "Nowland Two (Pinnacle Q Spear)" a residential subdivision, Spear Street, South Burlington, VT to an unnamed tributary of Potash Brook and unamed tribuatries of Lake Champlain. 1. Expiration Date: December 31, 2003. Note: This permit, unless revoked, shall be valid until the designated expiration date despite any intervening change in water quality, effluent, or treatment standards of the classification of the receiving waters, including groundwater. However, any such changed standard or classification shall be applied in determining whether or not to renew the permit pursuant to 10 V.S.A. 1263. Re -apply for a discharge permit by June 30, 2003. 2. Revocation: 10 V.S.A. 1267 provides as follows: "The Secretary may revoke any permit issued by him pursuant to this subchapter if he finds that the permit holder submitted false or inaccurate information in his application or has violated any requirement, restriction, or condition of the permit issued. Revocation shall be effective upon actual notice thereof to the permit holder." 3. Operating Fees: This discharge is subject to operating fees. The permittee shall submit the operating fees in accordance with procedures provided by the Secretary. 4. Transfer of Permit: This permit is not transferable without prior written approval of the Secretary.._ All application and operating fees shall be paid in full prior to transfer of this permit. The permittee shall notify the Secretary immediately, in writing, of any sale, lease, or other transfer of ownership of the property from which the discharge originates. The permittee shall provide a copy of this permit to the new owner or tenant and shall inform the new owner Permit #1-1155 Page 2 of 4 or tenant of his responsibility to make application for a permit which shall be issued in his name. Any failure to do so shall be considered a violation of this permit. 5. Right of EntT : The permittee shall allow the Secretary or their authorized representative, upon presentation of credentials, to enter the permittee's premises where the effluent sources authorized by this permit are located and at reasonable times to have access to copy any records required to be kept under the terms and conditions of this permit, and to inspect any treatment device, monitoring equipment, or monitoring method required in this permit, and to sample any discharge of pollutants. 6. Receiving Waters: Unnamed tributaries of Potash Brook and Lake Champlain. 7. Manner of Discharge: S/N 001: Stormwater runoff from a portion of Pinnacle Drive (Street A) roadway and the associated lot developement collected in a catchbasin and culvert system, then discharging via overland flow to an unnamed tributary of Potash Brook. S/N 002: Stormwater runoff from a portion of Pinnacle Drive (Street A) and the associated lot development collected in a catchbasin and culvert system, directed to a detention basin, then discharging overland through vegetated terrain to au unnamed tributary of Potash Brook. S/N 003: Stormwater runoff from a portion of Pinnacle Drive (Street A) amd Vale Drive and the associated lot development collected in a catchbasin and culvert system, directed to a detention basin then discharging overland through vegetated terrain to an unnamed tributary of of Lake Champlain. 8. Wastes Permitted: Stormwater runoff from the buildings, roadways, and parking areas after treatment and control via detention basins or via overland flow throughs vegetated terrain. 9. Volumes Permitted and Frequency of Discharge: Such volumes and frequency as required by the discharges specified in No. 6 above 10. Approved Proiect Design: Treatment as specified in No. 7. above. The project shall be constructed and operated in accordance with the Fitzpatrick- Llewellyn, Inc. plan sheets specified below, and supporting information: Sheets 2 through 9 and 27 of 27 dated 10/93 and the Llewellyn, Inc. plans sheets specified below and supporting information: Sheets 1, 3,4, and 5 of 9 dated June 1998 Via reference the above noted plans are made a part of this permit. 11. Maintenance and Maintenance Re ing R"uirements: a. All basins, swales, and related stormwater devices shall be maintained in good operating Permit #1-1155 Page 3 of 4 order at all times and shall be inspected biannually and shall be cleaned as necessary to maintain design specifications. b. Any sediment removed from the swales, or the detention basin shall be disposed of properly and not within 100 feet of Waters of the State. C. By SEPTEM BER 30 OF EACH YEAR a written report shall be submitted to the Department of Environmental Conservation, 103 South Main Street, Waterbury, VT 05671-0405. This report shall included, as a minimum: i. the dates and details of cleaning and maintenance operations carried out in the preceding year. ii. a narrative summarizing the results of any inspections conducted in the preceding year and highlighting stormwater related problems encountered during the preceding year. d. Should any erosional problems occur, the permittee is required to immediately correct any such problems. e. Any basins, swales or related stormwater devices used during construction for erosion control shall be inspected and cleaned to design specifications immediately after construction has been completed. 12. Personnel and Training_ Requirements: Such personnel and training as necessary to fulfill the requirements of #10 above. 13. Monitoring and r pacing Re4uirement: No monitoring required; reporting requirement as specified in #10 above. Treated stormwater runoff is the only waste authorized for disposal under the terms and conditions of this permit. The discharge for any hazardous materials or hazardous waste into the stormwater management system is prohibited. b. The issuance of this permit does not relieve the permittee from obtaining coverage under General Permit 3-9001, if applicable. Permit #1-1155 - 07-Inn, au LIM AGENCY OF NATURAL RESOURCES Canute E. Dalmasse, Commissioner Department of Environmental Conservation Marilyn J. Davis, Director Wastewater Management Division Page 4 of 4 1, , hereby apply for permission to discharge waste into the waters of the State of Vermont under the provisions of Discharge Permit No. 1-1155, previously issued to L&M Partnership. Signed: Address: Telephone: LLEWELLYN INCORPORATED March 16, 1999 District #4 Environmental Commission Environmental Board State of Vermont 111 West Street Essex Junction, Vermont 05452 Re: Pinnacle @ Spear (Nowland II) LUP # 4CO942-1 Hearing Recess Order Response File: 97024 Ladies and Gentlemen: The Hearing Recess Order for Application #4C0942-1, dated March 5, 1999 requests information to be provided to the Commission and applicable parties in support of our Amendment Application. Additionally, the applicant will be allowed to respond to information presented by those persons who were granted preliminary party status under Rule 14(A)(5). On behalf of the Applicant, we offer the following information in response to the Recess Order: The Declaration of Covenants for the project as recorded in the land evidence records of the City of South Burlington: RESPONSE: A copy of the Declaration of Covenants is attached. 2. The 2-year extension approval granted by the City of South Burlington for wastewater allocation to the project: RESPONSE: A copy of the approval from the City of South Burlington is attached. 3. A revised Agricultural Mitigation Agreement to incorporate the additional loss of agricultural soils as a result of the presently proposed project: RESPONSE: The Agricultural Mitigation Agreement has been revised to show the increase in loss of agricultural soils from 30 acres to 31.16 acres. This Draft Agreement was recently prepared by the Department of Agriculture in accordance 4049 Williston Road • South Burlington • Vermont • 05403 T 802.658.2100 • F 802-658.2882 • e-mail: Ilewellinc@aol.com Engineering 9 Permitting • Consulting Services District #4 Environmental Commission March 16, 1999 Page 2 with the previous Agreement prepared in 1994. Copies of the revised Draft Agreement are being distributed to all parties and will be executed upon the receipt of Land Use Permit Amendment Application #4C0492-1. A copy of the revised Draft Agreement is attached. 4. At the Applicant's discretion, any proposed modifications (redesign) of the presently proposed development to address visual concerns: RESPONSE: The additional seven lots were located by extending the permitted Vale Drive. This plan was well thought out and supports the continuation of the planned roadway system connecting Four Sisters Road with Dorey Road. This lot layout encompasses the benefits of lot locations for all 29 lots along Vale Drive. All lots in Pinncacle @ Spear are approximately the same size and will contain similar size and quality of home. During the design phase of this amendment process (the additional seven lots) a number of alternative lot layouts were investigated. Adherence to wetlands restrictions and wetlands buffer locations prevented further consideration of some alternatives. Planning considerations (i.e. avoiding multiple short cul de sacs) precluded other inferior designs. This design was presented to the City Planner and Planning Commission and received final plat approval. As with all structures in this and adjacent developments, height restrictions are placed on all structures as required by the conditions of the View Protection Zone governing this location. The Applicant is sensitive to the residents located west of these proposed seven lots. As such, the Applicant proposed additional landscaping to further screen these homes. Also, as with all structures and landscaping in this development (and adjacent development) height restrictions control the ridgeline and tree elevations for each lot. After Nowland II (Pinnacle @ Spear) received its permits in 1994, the property immediately east of this site was permitted for single family house lots. These lots are similar in size to those of Pinnacle @ Spear and abut the Pinnacle property. They also have height restrictions controlled by the same View Protection Zone from Dorset Street. The lots along Four Sisters Road run parallel to the lots on Vale Drive. LLEWELLYN INCORPORATED District #4 Environmental Commission March 16, 1999 Page 3 A management proposal to remove and dispose of accumulated sediments from the stormwater detention basin (located at the intersection of Nowland Road and Vale Drive) immediately following the completion of construction and site stabilization; and RESPONSE: We are including, with this letter, a management plan that addresses erosion control measures proceeding and during construction. Also included is a management plan to remove and dispose of sediment captured during the construction period prior to the establishment of ground cover and infrastructure. 6. The "existing conditions" landscape plan and a proposal to bring the landscaping into conformance with the approved plans and the requirements of the permit and Findings of Fact (refer to FF#30, street trees planted 60 feet apart and two (2) trees in front of each lot) RESPONSE: During the City permitting process (sketch plan, preliminary and final plat) for these additional seven lots, it was required to prepare an as -built landscape plan for the existing constructed portions of the project. T. J. Boyle and Associates prepared the attached as -built landscape plan. This plan was compared to the approved landscape plan for Nowland II prepared by FitzPatrick-Llewellyn (copy attached). Most of the landscaping is in place and the remainder (including any missing trees) will be placed this year. The Applicant is preparing to complete the landscaping plan commensurate with the construction of the roadways and other infrastructure for Nowland Farm Road and Vale Drive. A copy of the Llewellyn Incorporated landscape plan for Vale Drive is attached as well as the FizPatrick-Llewellyn plan for the other areas of the site. The Llewellyn Incorporated plan also shows the additional landscaping referred to above in Response 4 to provide further screening for the proposed seven lots. On all lots on which the Applicant constructed a home, the Applicant installed trees of the type recommended on Exhibit 63. As to lots sold by the Applicant on which the purchasers constructed homes, Section 5.01(c) of the Declaration of Covenants and Conditions required the owner to expend the greater of $3,000.00 or 1.5 percent of the market value of the lot and dwelling; it would have made little sense for the Applicant to install trees on lots without knowing where the houses would be constructed or what styles where built. The Applicant believes that the owners of the lots are responsible for the installation of the "lot" trees. LLEWELLYN INCORPORATED District #4 Environmental Commission March 16, 1999 Page 4 The Applicant appreciates the opportunity to comment on issues raised by the Commission and by persons with party status under Environmental Board Rule 14(A)(5). We will prepare the necessary responses upon receipt of these comments. Sincerely, LLEWELLYN INCORPORATED n Lance A. Llewel�, P.E. Enclosures cc: L&M Partnership, c/o John Larkin 410 Shelburne Road South Burlington, Vermont 05403 L&M Partnership, c/o Gerry Milot 925 AIA Hillsboro Beach, Florida 33062 Chair, City Council/Chair, Planning Commission City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Arthur Hogan, Jr., Executive Director/CCRPC P.O. Box 108 Essex Junction, Vermont 05453 Jonathan Peress, Associate General Counsel/Agency of Natural Resources 103 South Main Street - Center Building, 3`d Floor Waterbury, Vermont 05671-0301 LLEWELLYN INCORPORATED District #4 Environmental Commission March 16, 1999 Page 5 Paul Mayer 41 Pinnacle Drive South Burlington, Vermont 05403 Barbara Rippa 43 Pinnacle Drive South Burlington, Vermont 05403 David Warshaw 35 Pinnacle Drive South Burlington, Vermont 05403 Ann Leavitt 312 Four Sisters Road South Burlington, Vermont 05403 Henry Brattlie 47 Pinnacle Drive South Burlington, Vermont 05403 LLEWELLYN INCORPORATED DECLARATION OF COVENANTS AND CONDITION, FOR THE PINNACLE AT SPEAR p;ved 19 at 0 �,eco,ded in Vol. 573 on page- ?� C17 �o. Burlington Land Recor� Margaret A Picard, City Clerk zz This Declaration of Covenants and Restrictions, dated as of February 1, 1995, is made by Larkin Milot Partnership, a Vermont partnership (the "Declarant"): Background Statement WHEREAS, the Declarant desires to subject the real property described in this Declaration to the provisions hereof to create a residential community and to provide for the subjecting of other real property to the provisions of this Declaration; NOW, THEREFORE, the Declarant hereby declares that the real property described in Article II of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, restrictions, easements, assessments, and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of,'and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors -in -title, and assigns and shall inure to the benefit of each and every Owner of all or any portion thereof. ARTICLE I DEFINITIONS Section 1.01. Definitions. Unless the context shall prohibit, certain words used in this Declaration shall have the following meanings: (a) "Community" shall mean and refer to that certain real property and interests therein comprising The Pinnacle at Spear, as described in Exhibit "A", attached hereto, and such additions thereto as may be made pursuant to this Declaration. (b) "Declarant" shall mean and refer to Larkin Milot Partnership, a Vermont partnership and the successors in title and assigns of Larkin Milot Partnership, provided (i) any such successor in title or assign shall acquire for the purpose of 1 development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Exhibit "A"; (ii) in the instrument of conveyance to any such successor in title or assign, such successor in title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; and (iii) upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Exhibit "A", which is now or hereafter subjected to this Declaration, there shall be only one person or lecal entity entitled to exercise the rights and powers of the 'Declarant" hereunder at any one point in time. (c) "Homeowners Association" shall mean and refer to the Pinnacle at Spear Homeowners Association, its successors and assigns. (d) "Lot" shall mean a portion of the Community intended for separate ownership, including thereon.a residence for use as permitted in this Declaration. (e) "Open Land" means the land described in Article VI. (f) "Owner" shall mean and refer to the record owner, whether one or more persons, of the fee simple title to any Lot located within the Community, excluding, however, any person holding such interest merely as security for the performance or satisfaction of any obligation. (g) 'Review Board" shall have the meaning and obligations described in Article V. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 2.01. Property Hereby Subjected to this Declaration. The real property which is, by the recording of this Declaration, subject to the covenants and restrictions set forth in this Declaration and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration, is the real property described in Exhibit "A". Section 2.02. Other Propertv. Only the real property described in Section 2.01 is hereby made subject to this Declaration; provided, however, by one or more Supplementary Declarations, the Declarant shall have the right, but not the obligation, to subject other real property to this Declaration, as hereinafter provided. 2 ARTICLE III USE OF LOTS Section 3.01. General Restrictions. (a) Residential Use. Each Lot use shall be used, improved and devoted exclusively to residential occupancy. No building shall be erected, maintained, or placed on any Lot except one detached single family dwelling unit, and one private garage for not more than three motor vehicles. (b) Nuisance. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause the Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the Lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Community. (c) Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly or disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Community. (d) Vehicles. No funk or derelict vehicle or other vehicle which is not currently registered shall be kept upon any Lot. Any truck (except a pickup truck used regularly), trailer camper, camp truck, motor home, house trailer, boat, motorcycle, dune buggy, or other similar vehicle, shall be parked or stored in the rear of a Lot or in a garage. (e) Personal Property. No personal property shall be displayed from any Lot if for sale unless bearing a sign to that effect; no garage sale, lawn sale, or similar sale shall occur on the Lot more frequently than three days in each year. (f) Animals and Pets. No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted in any Lot, which the exception of dogs, cats, or other usual and common household pets in reasonable number; provided, however, those pets which are permitted to roam free or endanger the health, make objectionable noise, or constitute a nuisance or inconvenience to the Owners of other Lots or the owner of any property located adjacent to the Community are prohibited. No pets shall be kept, bred or maintained for 3 any commercial purpose. Dogs which are household pets shall at all times whenever they are outside a Lot be confined on a leash. (g) Clotheslines Garbage Cans Woodpiles, etc. All clotheslines, garbage cans, woodpiles, and other similar items shall be located or screened so as to be concealed from view of neighboring dwellings, roads, and property located adjacent to the Lot. All rubbish, trash, and garbage shall be regularly removed from the Lot and shall not be allowed to accumulate thereon. Section 3.02. Restriction on Further Subdivision. No Owner shall further subdivide his or her Lot or separate it into smaller lots; and no portion less than all of any Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this sha11 not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments and deeds for utility easements. The Declarant may, prior to the sale of a Lot, and subject to obtaining necessary zoning, planning and land use laws, subdivide or relocate the boundaries of the Lot. Section 3.03. Maintenance of Property. Each owner shall keep his or her Lots, and all improvements therein or thereon, in good order and repair including, but not limited to, the seeding, watering .and mowing of all laws, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. Section 3.14. Uses Prohibited. No immoral, improper, offensive or unlawful use shall be made of any Lot 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 a Lot shall be complied with, by and at the sole expense of the Owner thereof. Section 3.15. Use for Development Purposes. Notwithstanding any provision herein contained to the contrary and subject to applicable laws and ordinances, it shall be expressly permissible for the Declarant to maintain, during the period of development of the Community and construction and sale of homes on the Lots, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient, or incidental to the construction and sale of homes, including, but without limitation a business office, storage area, construction yards, signs, model units and sales office. ARTICLE IV EASEMENTS Section 4.01. Construction and Sale Period. Notwithstanding any provisions 4 contained in this Declaration and any amendments thereto, the Declarant hereby expressly reserves a non-exclusive, perpetual right, privilege, and easement with respect to the Community for the benefit of Declarant, its successors, and assigns over, under, in, and/or on the Community, without obligation and without charge to the Declarant, for the purposes of taking all actions related to or connected with construction, installation, relocation, development, sale, maintenance, repair, replacement, use and enjoyment, and/or otherwise dealing with the Community for the purposes of development, construction and sale of the Lots. The reserved easement shall constitute a burden on the title to the Community and specifically includes, but is not limited to: (a) the right of access, ingress, and egress for vehicular and pedestrian traffic over, under, on, or in the Community; and the right to tie into any portion of the Community with driveways, parking areas, and walk --ways; and the right to tie into and/or otherwise connect and use (without a tap -on or any other fee for so doing), replace, relocate, maintain, and repair any device which provides utility or similar services, including, without limitation, electrical, telephone, natural gas, water, sewer, and drainage lines and facilities constructed or installed in, on, under and/or over the Community; (b) the right to construct, install, replace, relocate, maintain, repair, use and enjoy signs, model residences, and sales offices in the Community; and (c) no rights, privileges, and easements granted or reserved herein shall be merged into the title of any property, including, without limitation, the Community, but shall be held independent of such title, and no such right, privilege, or easement shall be surrendered, conveyed, or released unless and until and except by delivery of a quit -claim deed from the Declarant releasing such right, privilege, or easement by express reference thereto. Section 4.02. Easements for Comoletion: Utilities. The Declarant hereby expressly reserves an easement through the Common Property for the purpose of completing or making in:provernents described in this Declaration; to make improvements in the Community; and to erect and remove signs advertising the Community or Interval Ownership. The Declarant also reserves the right to grant and reserve easements and rights of way through, under, over and across the Community for the installation, maintenance, inspection, repair and replacement of lines and appurtenances for public or private sewer, water, drainage, gas, electricity, telephone and other utilities. If damage is inflicted by the Declarant in the exercise of the easement and rights granted by this Section, it shall promptly repair such damage to the condition existing prior thereto. Notwithstanding anything to the contrary contained in this Section, no sewers, electrical lines, water lines, or other utility service lines or facilities for such utilities may be installed or relocated on a Lot except as planned and approved by the Declarant prior to the conveyance of the Lot or by the Architectural Committee thereafter. This easement shall in no way affect any other recorded easements on any Lot. Section 4.03. Declarant's Easement to Correct Drainage. For a period of five years from the date hereof, the Declarant reserves a blanket easement and right on, over and under the ground within all of the Lots to maintain and to correct drainage of surface water in order to maintain reasonable standards of health, safety, and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected property to its original condition as near as practical. The Declarant shall give reasonable notice of intent to take such action to all affected Owners, unless in the opinion of the Declarant, an emergency exists which precludes such notice. ARTICLE V ARCHITECTURAL CONTROL Section 5.01. Architectural Standards. (a) No exterior construction, alteration, addition, or erection of any nature whatsoever, including, without limitation, fences, excavations or other alterations to grade shall be commenced or placed upon any part of the Community, except as is approved in accordance with this Section. No exterior construction, addition, erection, or alteration shall be made unless and until the plans and specifications showing the nature, ' kind, shape, height, materials, and location shall have been submitted in writing to and approved in writing by the Review Board or its designee. The Review Board or its designee may promulgate written guidelines for the exercise of this review. (b) The Review Board or its designee shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations, and it shall be entitled to stop any construction in violation of these restrictions. Any member of the Board or its representatives shall have the right, during reasonable hours, to enter upon any Lot to inspect any Lot and any improvements thereon for the purpose of ascertaining whether or not this Declaration has been or is being complied with. Such person or persons shall not be deemed guilty of trespass by reason of such entry. In the event the Board or its designee fails to approve or to disapprove such design and location within 60 days after the plans and specifications therefor have been submitted to it, approval will not be required, and this Section will be deemed to have been fully complied with. As a condition of approval under this Section, an Owner, on behalf of himself and his successors -in -interest, shall assume all responsibilities for maintenance, repair, replacement, and insurance to and on such change, modification, addition, or alteration. In the discretion of the Board an Owner may be made to verify such condition of approval by a recordable written instrument acknowledged by such Owner on behalf of himself and his successors -in -interest. (c) All Lots shall be properly landscaped. The cost of initial landscaping shall be the greater of $3,000.00 or 1.5 percent of the market value of the Lot and dwelling thereon. (d) The Board may, in passing upon plans, consider the continuity of a proposed building, fence, wall or other structure and site plan with adjacent or neighboring structures 41 and the materials of which it is to be constructed. (e) The Review Board shall have four members. The initial members shall be appointed by the Declarant. Upon completion of construction of dwellings on 73 Lots, a majority of the then record owners of the Lots mav, through a duly recorded instrument signed, witnessed and acknowledged by each Lot owner, change the membership of the Board and any of its powers. ARTICLE VI OPEN LAND Section 6.01. Designation. Subject to the rights set forth in Section 6.02, the Open Lands are those parcels designated and depicted as Common Land (Parcel A), Common Land (Parcel B), Common Land (Parcel C) and Common Land (Parcel D) on the plan recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington. Section 6.02. Conversion to Lots. (a) The Declarant hereby expressly reserves the right and privilege, to be exercised at any time and from time to time, to convert and change the designation of any or all of the Open Land to Lots which, when so designated, shall immediately be Lots subject to and benefitted by the provisions of this Declaration. (b) No Lot shall be so created, and the Open Land so altered, by the Declarant until it shall have first obtained all approvals and permits required by the City of South Burlington and the State of Vermont for subdivision of lands and such other governmental permits as may be required. (c) The Declarant shall execute and record in the Land Records of the City of South Burlington a Supplement to this Declaration designating and identifying the Lots created pursuant to this Section and shall simultaneously record a revised plan showing the alteration to the Open Lands and the dimensions and number of each lot created by the Supplement to the Declaration. Section 6.03. Permitted Uses. (a) Until altered pursuant to Section 6.02, the Open Lands are to be used only for pedestrian and equestrian passage, for non -motorized recreational uses, including walking, bicycling, picnicking, camping, for social gatherings of a Lot Owner, for conservation and wildlife protection, for the agricultural uses permitted under this Section, and for the motorized uses permitted under this Section. No building, fence, wall or other structure shall be commenced, erected or maintained in the Open Lands except as provided in Section 5.01. No signs shall be erected in the Open Lands except perimeter signs prohibiting hunting, shooting, trespassing and entrance sign and directional signs consistent with existing signs as to color, type face and letter size. No portion of the Open Lands shall be used for agricultural purposes, except "passive agricultural" uses. 7 "Passive agricultural" uses shall include only the growing and harvesting of crops (including grasses and hay), and an apiary, and other similar agricultural uses; "passive agricultural uses" shall not include dairy farming or other agricultural uses involving livestock or requiring fences, except pasturing of horses is permitted. No manure shall be used as fertilizer in the Open Lands. (b) There shall be no hunting, trapping or the discharge of firearms on the Open Lands or the Lots, and the Open Lands shall be continuously posted in a manner legally sufficient to give public notice against and of the restrictions on hunting, shooting and trapping and to create a "safety zone" restricted from hunting, shooting and trapping. (c) No motorized vehicles shall be used in the Open Lands, except that such vehicles may be used in roads and roadways, or in connection with permitted agricultural uses. Section 6.04. No Partition. Subject to the rights of the Declarant set forth in Section 6.02, the Open Lands shall not be subdivided, nor shall any person partition, or seek partition of, the Open Lands. Section 6.05. Noise, Disturbances. No nuisance, and no loud or obnoxious noise, shall be permitted to exist or continue or operate on or from any Lot or the Open Lands so as to be detrimental to any other Lot or the Open Lands. Section 6.06. Owners' Easements. Every Owner and the Declarant shall have a right and easement of use of an enjoyment in and to the Open Lands which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Homeowners Association to impose reasonable rules and regulations regarding the use of the Open Lands and to charge reasonable admission and other fees for the use of any recreational facility situated upon the Open Lands; (b) the right of the Homeowners Association to suspend the voting rights and rights to use of recreational facilities by an Owner (i) for any period during which any assessment against his Lot remains unpaid; (ii) and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Homeowners Association to dedicate or transfer all or any part of the Open Lands but only to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two thirds of the Lot Owners. ARTICLE VII MEMBERSHIP AND VOTING RIGHTS IN HOMEOWNERS ASSOCIATION Section 7.01. Membership. Each Owner of any of Lot shall be a member of the Homeowners Association, provided that any person or entity which holds such interest merely as a security for the performance of an obligation shall not be a member. Each membership shall be appurtenant to and may not be separated from ownership of any Lot. Section 7.02. Initial Member. The Declarant, or the successor in interest of the Declarant, shall hold all memberships in the Homeowners Association. At such time as any of the Lots is conveyed by the Declarant or its successor in interest, the purchaser of that Lot shall automatically acquire the corresponding membership of the Lot in the Homeowners Association, and the number of memberships in the Homeowners Association held by the Declarant, or his successor in interest, shall be reduced accordingly. Section 7.03. Voting Riehts. The Homeowners Association shall have one class of voting membership. The owner of a Lot shall have one vote on account of the Lot. If more than one person holds an interest as Owner of a Lot, all such persons shall be Members and the vote for such Lot shall be exercised as they among themselves shall determine, but in no event shall there be more than one vote cast with respect to any Lot. ARTICLE VIII ASSESSMENTS AND LIENS Section 8.01. Creation of Lien and Personal Obligation for Assessments. (a) The Declarant hereby covenants, and each Owner of any Lot, whether or not it shall be so expressed in such deed, to covenants and agrees to pay to the Homeowners Association all Periodic assessments or charges and special assessments for capital improvements. t (b) The periodic and special assessments, together with penalty, charges, interest, costs and reasonable attorney's fees, shall be a charge on the Lot, and shall be a continuing lien upon the Lot against which each such assessment is made, and each such assessment together with penalty charges, interest, costs, and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of the Lot at the time when the assessment was made. Section 8.02. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the Lot Owners, to maintain, repair and/or replace the Open Area, and to meet any and all other expenses and obligations incurred by the Homeowners Association including but not limited to, bills, professional fees, taxes and insurance premiums. E Section 8.03. Periodic Assessments. (a) The Board of Directors shall levy a monthly or other periodic assessment against each Lot. The assessment shall be based upon an annual expenditure budget adopted by the Board of Directors which shall include the costs of maintenance and repair of leases owned or managed by the Homeowners Association, and the costs of all other expenses and obligations, including bills, professional fees, taxes and insurance premiums. (b) No special assessment shall be levied however without approval of a majority of the Owners voting in person or proxy at a Homeowners Association meeting duly warned for that purpose. Section 8.04. Date of Commencement of Assessments. The date of commencement of any periodic assessment levied pursuant to this Article shall be fixed in the resolution authorizing such assessment. Periodic assessments shall be due and payable on the first day of each and every month, unless otherwise specified, and special assessments shall be due and payable as set forth in the resolution authorizing such special assessments. Section 8.05. Insurance. The Homeowners Association shall maintain insurance for all improvements and personal property of the Association against all losses caused by fire or other insurable hazards in amounts sufficient to cover the full. replacement cost of any repair or construction work in the event of damage or destruction by any hazard, and shall also contain a broad form of public liability insurance covering all of the property owned by the Association. All premiums shall be included in the monthly assessments. Section 8.06. Nonpayment of Assessments and Remedies. If any assessment is not paid within 30 days after the date when due, there shall also be due and owing a penalty charge of five percent of the delinquent amount or whatever percentage of the delinquent amount the Board of Directors may determine from time to time. In addition, interest on the delinquent amount from the due date, of one percent per month or such other rate of interest as deter..ured by the Board of Directors from time to time, shall also be due and owing. The Association may bring an action at law against the Owner personally obligated to pay the same, or may take any other legal action against a Lot or its Owner, including the foreclosure of the lien. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse or abandonment of a Lot. In the event collection is required, the Owner or Lot responsible for the delinquent assessments, shall also be liable for any reasonable attorney's fees or costs incurred by the Association in connection with the collection of the delinquent assessment. Section 8.07. Subordination of the Lien to Mortgages. Any lien arising from the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien, which shall continue in existence, except where a first mortgagee has taken record title to the Lot pursuant to foreclosure. 10 ARTICLE VIII ENVIRONMENTAL MATTERS Section 9.01. Environmental Restrictions. Without the prior written consent of the District 4 Environmental Commission, or its successor, (a) any dwelling constructed on a Lot shall qualify for the "Four Stars Plus" rating of Energy Rated Homes of Vermont, or an equivalent efficiency level based on an alternative rating system; (b) all toilets, showerheads and nozzles, and water/faucet nozzles shall be of the low flow water saver type or design; (c) the use of gas heat is encouraged; (d) all windows shall be double glazed; and (e) the exterior of any building shall be painted or stained in natural earth tone colors, or colors used on homes in colonial villages such as Sturbridge Village, Massachusetts, Williamsburg, Virginia and Shelburne Museum, Vermont. ARTICLE X TERM: ENFORCEMENT Section 10.01. Generallv. Each Owner shall be governed by and shall comply with the terms of this Declaration and the Bylaws of the Homeowners Association, and any and all regulations adopted pursuant thereto, as they may be amended from time to time. Failure of a Lot Owner to comply therewith shall entitle the Association or other Lot Owners to the following relief: (a) Liability. A Lot Owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, negligence 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 Homeowners Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse, occupancy.or abandonment of a Lot or its appurtenances, or of the Open Lands. (b) Costs and Attorneys' Fees. In any proceeding arising because of an alleged failure of a Lot Owner to comply with the terms of this Declaration, or the Bylaws of the Homeowners Association, and any and all regulations adopted pursuant thereto, as they may be amended from time to time, the prevailing party 11 shall be entitled to recover the costs of the proceeding and reasonable attorneys' fees. Section 10.02. Enforcement. The Homeowners Association, or any Lot Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Homeowners Association or an Owner to enforce any provision of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Section 10.02. Duration. The provisions of this Declaration shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law; provided, however, so long as law limits the period during which covenants restricting lands to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, and such provisions may be renewed or extended, in whole or in part, beyond the initial period permitted by such law for successive periods not to exceed the period permitted by such law, provided such renewal or extension is approved by at least a majority of the Owners present or represented by proxy at a meeting duly called for such purpose. Further, no such renewal or extension shall be effective unless there is filed for record in the Land Records of the City of South Burlington on or before the effective date thereof an instrument executed which shall state the terms of such renewal or extension and which shall contain a certification that such extension and renewal was duly approved. Every purchaser or grantee of any interest in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. Section 10.03. Amendment. (a) This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of Mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Owner shall consent thereto in writing. (b) This Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, of at least a majority of the Owners other than the Declarant and the consent of the Declarant. Amendments to this Declaration shall become effective 12 upon recording in the Land Records of the City of South Burlington, unless a later effective date is specified therein. Section 10.04. Miscellaneous. (a) The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. (b) Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. (c) The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. (d) This. Declaration was prepared by Carl H. Lisman, Esq., Lisman & Lisman, P.C., 84 Pine Street, Burlington, Vermont 05402. IN WITNESS WHEREOF, the undersigned, being the duly appointed officers of Declarant herein, have executed this instrument and affixed the corporate seal this 3rd day LARKIi, ILOT ARTI�TERSHIP 3Y A Geif6raf Partner STATE OF VERMONT CHITTENDEN COUNTY, SS. At Williston in said County and State on this 3rd day of February, 1995, personally appeared John P. Larkin, a general partner jalo in Milot Partnership, and he acknowledged this instrument by him signed and s b his free act and deed and the free act and deed of Larkin Milot Partnership. 08\020395\19683\003\legal\dcclara.ddp Before me 13 Notary Public Exhibit A to the Declaration of for The Pinnacle at Spear Being a piece or parcel of land, with all buildings, structures and improvements thereon, and being all of Parcel "A" as shown on a plan recorded in Volume 286, Page 221 of the Land Records of the City of South Burlington. Said parcel of land contains 66.7 acres. Being (a) a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and (b) all and the same lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington. Said lands and premises are subject to, and benefitted by, certain rights, easements, covenants and interests of record. 14 keived 19 g.2' ate Recorded in Vol. on page r — Of So. Burlington land Recor S93 Attest: �� NOTICE OF DEVELOPMENT -CONDITIONS Margaret A, Picard, City Clerk THIS NOTICE is made as of the 5th day of November, 1993, by Gerald C. Milot of Burlington, County of Chittenden, State of Vermont and John P. Larkin, of Burlington, County of Chittenden, State of Vermont, (the "Owners"). WITNESSETH: WHEREAS, the South Burlington City Planning Commission (the "Planning Commission") has approved a planned residential development 'known as Nowland Two (the "Nowland Two PRD") as depicted on a final sLJ division plat entitled "Nowland Two: Plat of Subdivision of Lands of Gerald C. Milo: et al.", Sheets 1 of 2 and 2 of 2, signed October 11, 1993, and prepared by Fitzpatricl-Llewellyn Incorporated, and recorded in Map Volume at Pages a and L2 respectively; and WHEREAS, the final approval of the Planning, Commission dated August 10, 1993 requires some of the specific conditions which will b t: of particular interest to purchasers of lots in the Nowland Two PRD to be included in a Notice of Development Conditions to be recorded simultaneously with the recording of the aforementioned final plat. NOW THEREFORE, in consideration of the ;'tanning Commission's final `approval, and for other good and valuable consideration, the Owners hereby give notice of the following obligations, restrictions, and requirements that will directly affect lots within the Nowland Two PRD. Reference should also be made to the complete text of the South Burlington City Planning Commission approval dated August 10, 1993, and on file in the planning office of the City of South Burlington. 1. Obligation for Tree Planting. Owners shall plant two (2) trees on each lot as required in Section 19.104(a) of the South Burlington Zoning Regulations. The approximate location of said trees is depicted on a �u-vey entitled "Nowland Two: Landscape & Lighting Plan", Drawing D-4501, dated '� ovember 1992, last revised October 5, 1993 and recorded in Map Volume,9�i:.t Page IL of the South Burlington City Land Map Records. Particular reference shoulr be made to tree height limits and eligible species referred to in the notes of the survey. 2. Height Limitations. The Nowland Tw) planned residential development is in compliance with the Dorset Park View Protectioi; Zone set forth in Article XX',', Section 25.40. Calculations of elevations and maxim im height for each lot for structures and landscaping are set forth on a schematic plan and tables attached hereto as Exhibit "A". Reference is also made to the Landscape & Lighting Plan referred to hereinabove and to surveys entitled "Nowland Two: Site and Uti',ties Plan" revised October 5, 1993, Drawings D_4383 through D-4388 and recorded in Map Volume:-1'(iat Pages //,�, ;/. , ILL, lip), /1 , and LLD of the South Burlington City Land Map Records. 3. Building Envelopes on Lots 5-8. To satisfy the requirements imposed by the 200' view corridor adjacent to the Spear Street right-of-way, the area where residences can be constructed on Lots 5, 6, 7, and 8 have been limited to building envelopes located therein. Reference should be made to the survey entitled "Nowland Two: Site and Utilities Plan", Drawing D-4384, last revised October 5, 1993 and recorded in Map Volume ;�� at Page ! of the South Burlington City Land Map Records, which depicts the boundaries of the building envelopes. 4. Community Mailbox Areas. The final approval of the Planning Commission includes a requirement to provide for two community mailbox areas. The first is adjacent to Pinnacle Drive and shall impose an easement imposed on Lot 49, the second is adjacent to Vail Drive and shall impose an easement on Lots 52 and 53. Reference is made to the aforementioned final sub-iivsion plat and to a survey entitled "Nowland Two: Overall Site Plan" dated July, 1992, lit revised October 1, 1993 and recorded in Map Volume.at Page�r� of the South Burlington City Land Map Records for depiction of the aforementioned mailbox easements. The homeowners' association established to govern the Nowland Two PRD shall be obligated to maintain the community mailbox easement areas as well as all drainage ditches and ponds which serve the development. 5. Miscellaneous. Reference should be rnade to the plat of Subdivision of Lands, Overall Site Plan, Landscape & Lighting Plan; and Site and Utilities Plans for identification of any further easements, obligations, or restrictions which affect a particular lot within the Nowland Two PRD. Executed as of the date first above -mentioned. OWNERS Geral C. Milot ohn P. Larkin by Stephen R. Crampton, his attorney -in -fact STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington, in said County and State, this 5th day of November, 1993, personally appeared Gerald C. Milot and he acknowledged this instrument, by him signed, to be his free act and deed. Before me, _ Notary Public My commission expires 2/10/95 -2- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802) 658-7955 December 1, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Pinnacle at Spear, Sewer Allocation Extension Dear Mr. Llewellyn: ZONING (802)658-7958 Enclosed is a copy of the October 27, 1998 Planning Commission meeting minutes and the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on October 27, 1998 (effective 11124198). Please note the conditions of approval. If you have any questions, please give me a call. Sincerely, oe Weith, Direbtor lanning and Zoning JW/mcp 1 Encl PLANNING COMMISSION 27 OCTOBER 1998 MS Barone seconded. Motion passed unanimously. 5. Public Ilearing: Final Plat application of L&M Partnership to amend a condition of approval granted on 8/ 14/97 for a planned residential development consisting of 80 single family lots, Pinnacle @ Spear, Spear Street. The amendment is to extend by two years the date by which the roadways serving the development must be completed which, in turn, extend by 2 years the approved reserved sewer allocation for the development: Mr. Llewellyn said they are submitting an Act 250 permit for the additional lots. They would rather not build the road until they have Act 250 approval. Mr. Larkin wants to build next summer. Mr. Weith said they are at capacity for sewer allocation and if the applicant loses this, the capacity would go to Mr. Larkin's extended stay hotel. Members had no problem with this. Mr. O'Rourke moved the Planning Commission approve the final plat application of L&M Partnership t amend a condition of approval granted on 10/13/98 for a planned residential development consisting of 80 single family lots Pinnacle A SpearSpear Street The amendment is to extend, by two years, the date by which the roadways serving the development must be completed which will in _turn extend by two years the approved reserved sewer allocation for the development. This approval is based on the following stipulation: Condition #6 of the 10/13/98 approval shall be revised to read as follows' '"The Commission ap rove a total sewer allocation of 50,576 gpd for this development The leneth of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The sewer allocation for any lots served by roadways which are not completed by 12/21 /00 shall be lost unless reapproved by the Planning Commission. Ms Barone seconded Motion passed unanimously. 6. Site plan application of Real Charlebois to convert a vacant lot into a contractor's yard not including retail, 90 Ethan Allen Drive: Mr. Burgess noted this work has already been done. Mr. Weith noted the fuel tank and enclosure don't meet the setbacks and will have to be moved. Mr. Burgess noted that staff recommends plantings to screen. 3 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of L & M Partnership to amend a condition of approval granted on 8/ 14/97 for a planned residential development consisting of 80 single family lots, Pinnacle @Spear, Spear Street. The amendment is to extend, by two (2) years, the date by which the roadways serving the development must be completed, which will in turn extend, by two (2) years, the approved reserved sewer allocation for the development. On the 27' day of October, 1998, the South Burlington Planning Commission approved the request of L&M Partnership for revised final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: This project consists of amending a previously approved planned residential development for 80 single family lots known as Pinnacle at Spear. The amendment consists of revising a condition of approval granted on 8/14/97 which extended until 12/21/98 the date by which roadways serving this development must be completed. This, in turn extended until 12/21/98 the approved sewer allocation for the development. The applicant requested that the sewer allocation expiration date and the date by which roadways must be completed, be extended another two (2) years to 12/21/00. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of L & M Partnership to amend a condition of approval granted on 10/13/98 for a planned residential development consisting of 80 single family lots, Pinnacle @Spear, Spear Street. The amendment is to extend, by two (2) years, the date by which the roadways serving the development must be completed, which will in turn extend, by two (2) years, the approved reserved sewer allocation for the development. This approval is based on the following stipulation: Condition #6 of the 10/13/98 approval shall be revised to read as follows: "The Commission approves a total sewer allocation of 50,576 gpd for this development. The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The sewer allocation for any lots served by roadways which are not completed by 12/21/00 shall be lost unless reapproved by the Planning Commission." Chairman or Jerk South Burlington Planning Commission Z 6L - Date C�.?� 1 , / 1 S77 1G: LH vClc'CGO/- _JOL ilCr ur HU'fC1L.�1�/ �r�aL ua 1 Drat- March 17, 1999 MITIGATION AGREEMENT AGREEMENT made by and between the Larkin Milot Partnership of Burlington, Vermont, Vermont (hereinafter "the Larkin Milot Partnership") and the STATE OF VERMONT, acting through the Commissioner of the DEPARTMENT OF AGRICULTURE or his or her designee (hereinafter the "State"). WITNESSETH: WHEREAS, the Larkin Milot Partnership proposes to create an Eighty (80) lot residential subdivision on a Sixty Six Point Seven (66.7) acre parcel of lard on Spear Street in the Town of South Burlington (hereinafter "Site"),- and WHEREAS, the Site contains approximately Sixty One (61) acres of primary agricultural soils as defined by i0 V.S.A. fi6001(15); and WHEREAS, the subdivision as proposed (hereinafter "Pinnacle at Spear") will significantly reduce the agricultural potential of tht primary agricultural soils; and WHEREAS, the Site is located in the Southeast Quadrant Zoning District under the Town of South Burlington Zoning Regulations; and WHEREAS, the general area of the Site is characterized by residential with occasional. islands %�f transitional open land; and WHEREAS, the Site is presently served by municipal water and sewer; and WHEREAS, the State promotes on -Site mitigation of the impact of development on primary agricultural soils in instances where, among other factors, soils have unique contributory value to the continuation of active economically viable farms; and WHEREAS, in other circumstances, the State has endorsed off -site mitigation whew on -site mitigation would not accomplish the requirements of 10 V.S.A. §6086(a)(9)(B); and WHEREAS, the Larkin Milot Partnership has considered alternative development designs that would minimize the reduction in the agricultural potential of the soils on the Site, but none of the designs would result in the conservatiotl of agricultural soils with the ability to support of contribute to an economically -viable agricultural operation; and Drai - March 17, 1999 WHEREAS, the Larkin Milot Partnership and the State agree that the on -site preservation of the primary agricultural soils does not achieve the State's goal of preserving active economically - viable farms because the preserved acreage would be too small, situated among residential properties and adjacent to major transportation routes; and WHEREAS. this Agreement is conditioned upon the positive finding by District Erivironmental Commission #4 that the preservation of Thirty One Point Sixteen (31,16) acres of primary agricultural soils off -site together with the soils preserved on -site satisfies 10 V.S.A. Section 6086(13); and WHEREAS, the development of Pinnacle _t Spear on the Site will not jeopardize the continuation of farming on any nearby lands; and WHEREAS, the Vermont General Assembly enacted Act 200 in 1988 and declared that: It is in the public interest to identify areas that have the potential to sustain agriculture and forestry and to develop ways for maintaining an active agricultural and forestry industry, including the transfer of development rights, acquisition of development rights, and farmer assistan;e programs. as set forth in 24 V.S.A. §4302(a); and WHEREAS, the Larkin Milot Partnership and the State agree that the provisions of this Agreement will accomplish the objectives and intent of Act 250 and Act 200, NOW, THEREFORE, in .consideration of the mutual covenants herein contained, the Larkin Milot Partnership and the State covenant and agree as follows: i . Mitigation Payment. Upon issuance of the Land Use Permit for Pinnacle at Spear and the expire tion of the statutory appeal period without appeal, the Larkin Milot Partnership shall pay to Lisman and Lisman (hereinafter the "Escrow Agent"� the sum of Ninety Three Thousand Four Hundred and Eighty Dollars ($93,480) calculated by multiplying the 31.16 acres of primary agricultural soils on the Site by the suits of $1,500 which is the average cost to purchase conservation easements on agricultural land in the Chittenden County area as determined by the State based on appraisal data from the VHCB Farmland Conservation Program and by multiplying that figure by two. The Escrow Agent shall use and expend the .Mitigation Payment as directed in writing by the State. 2 GJ/ 1 . � 1 777 1L. 14 OGL'OLC/'LJO1 JCr Ur HL:�:1l,Jy '.0 rr1UC U�, 1 Dra,_ March 17, 1999 2. Use of Funds. The Mitigation Payment made pursuant to the Agreement shall be used by the State solely to acquire agricultural ]ands, development rights on agricultural lands, restrictions on agricultural lands or similru- arrangements which protect, preserve or enhance agriculture within the same agricultural use area in which the Site lies. Agricultural use area is defined as productive agricultural land within the distance that is economically and logistically feasible to travel to in order to crop noncontiguous fields by farmers in the vicinity of the development site. The State shall have the sole authority to approve the disbursement of funds for the above purpose. If the Mitigation Payment is not used by the State for a project within the Site's agricultural use area within two (2) years of receipt by the Escrow Agent, the State shall instruct the Escrow Agent to pay an amount equal to the Mitigation Payment to the Vermont Housing and Conservation Board (hereinafter the "Board") to be used on eligible agricultural proieets in the geographic area covered by District Environmental Commission #4 in accordance with Board policies and procedures relating to the lxotection of agricultural Lind. Notwithstanding the previous paragraph, if the Escrow Agent has not received a sufficient directive from the State within twenty-five (2.5) months from the date of receipt of the Mitigation Payment, the Escrow Agent shall pay an amount equal to the Mitigation Payment to the Vermont Housing and Conservation Board to be used on eligible agricultural projects in the geographic area covered by District Commission #4 in accordance with Board policies and procedures relating to the protection of agricultural lard. 3. Report. Upon the receipt of the Mitigation Payment, the Escrow Agent shall report to District Environmental Commission #4, that the Mitigation Payment has been received in full satisfaction of this Agreement, and thereafter, at the time the Mitigation Payment is used for the purposes set forth in Section 2 of this Agreement, the Escrow Agent shall file a report of its actions with District Environmental Commission #4. 4. Land Use Permit. The Larkin Milot Partnership and the State acknowledge that the terns of this Agreement may be included as conditions in any Land Use Permit issued by District Environmental #4 or the Vermont Environmental Board for the development of Pinnacle at Spear. 3 Oral March 17, :.99r9.� _- 5. State Approval. By execution of this Agreement, the State acknowledges that this Agreement, when performed by the Larkin Milot Partnership, constitutes full satisfaction of, and ompliance with, 10 V.S.A. §6056(a)(9)(B), with respect to any Land Use Permit rssued for Pinnacle at Spear. During the term of this Agreement, the State shall cooperate with the Board and its eligible applicants so that the Mitigation Payment will be used on agricultural projects eligible under Board policies and procedures relating to the protection of agricultural lands. 6. Effective Date. This Agreement shall only become effective upon the issuance of a Land Use Permit for Pinnacle at Spear and the expiration of the statutory appeal period without appeai, and the Larkin Mitot Partnetsh.ip, in its sole discretion, elects to commence construction of Pinnacle at Spear. 7, Further Assurances. Each of the parties shall execute such documents and take such further actions as may be reasonably required or desirable to carry out the provisions of this Agreement and the transaction contemplated hereby. 3. Duration. The Larkin Milot Partnership shall have no further obligations under this Agreement after the Escrow Agent has released the entire amount of the Mitigation Fee to the State or the Board under the terms of this Agreement, y. Board Approval. The Board,is executing this Agreement to demonstrate its agreement to accept the Mitigation Payrrient from the Escrow Agent after the two (2) year period described above and use the .funds on eligible agricultural projects within the geographic area covered fly District Environmental Commission *4 in accordance with Board policies and procedures relating to the protection of agricultural land. 1.0. Escrow Agent. The Escrow Agent is executing this Agreement to demonstrate its agreement to accept the Mitigation Payment from the Larkin Milot Partnership, and to expend such Funds only in accordance with the provisions of this Agreement. 1 t. Binding Effect. This Agreement shall be binding upon the heirs, successors and assigns of the, parties. 4 M4f.l'.,J- • i-nwl� N•. Drat _ March 17, 1999 IN 'FITNESS WHEREOF, this Agreement has been executed on the day of Em In the Presence Of: STATE OF VERMONT COUNTY OF CHITTENDEN, ss. LARKIN MILOT PARTNERSHIP At , in said County, this day of , 1999, personally appeared the Larkin Mdot Patuership, and acknowledged this instrument, by it sealed and subscribed, to be its free act and deed. Before me, Notary Public IN WITNESS WHEREOF, this Agreement has been executed on the day of 1999. 1n the Presence Of: STATE OF VERMONT DEPARTMENT OF AGRICULTURE By: STATE OF VERMONT COUNTY OF WASHINGTON, ss. Its Duly Authorized Agent At Montpelier, in. said County, this day of , 1999, personally appeared LEON C. GRAVES, duly autttoriZeci agent of the STATE OF VERMONT - DEPARTMENT OF AGRICULTURE, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the tree fret and deed of the STATE OF VERMONT - DEPARTMENT OF AGRICULTURE. Before me, Notary Public 5 Draft Larch 17, 1999 IN WITNESS WHEREOF, this Agreement has been executed on the day of 1999. In the Presence Of: VERMONT HOUSING AND CONSERVATION BOARD By: Its Duly Authorized Agent STATE OF VERMONT COUNTY OF WASHINGTON, ss. At Montpelier, in said County, this day of 1999, personally appeared GUSTAVE SEELIG, duly authorized agent of the VERMONT HOUSING AND CONSERVATION BOARD, and he acknowledged this instrument, by him sealed wid subscribed, to be his free act and deed and the free act and deed of the VERMONT HOUSING AND CONSERVATION BOARD. Before me, Notary Public IN WITNESS WHEREOF, this Agreement has been executed on the _ day of , 1999. In the Presence Of, LAW FIRM OF LISMAN AND LISMAN By: Its Duly Authorized Agent STATE OF VERNIONT COUNTY OF CHITTENDEN, ss. At in said County, day of , 1999, personally appeared CARL LISMAN, law firm of Lisman and Lisman, and he acknowledged this instrument, by hint sealed and subscribed, to be his tree act and deed and the free act and deed of Lisman and Littman. Before me, Notary Public 17 Response to Hearing Recess Order, dated March 5, 1999, Item # 5 PINNACLE @ SPEAR - LUP # 4CO942R PROPOSED CONSTRUCTION CONDITIONS FOR EROSION AND SEDIMENT CONTROL Carefully planned, installed and maintained erosion control measures will greatly reduce =^« +^ ,7.;«g d oFf.r -nvtr1 otinn Rerim-tinnof,nil lnsc are of soil loss llolll lolls ruction si LC uLML uiiu nc uuvi great benefit to the environment and to the general public, as well as to the developer. It is to this end that we propose the following construction procedures be added to the conditions of approval for this project. We have utilized the "Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites, Special Publication No. 3" by the Vermont Geological Survey, Department of Water Resources, as well as other sources in developing these procedures. Erosion control measures shall be installed as outlined in the Llewellyn Incorporated plan set entitled "Pinnacle @ Spear, formerly Nowland Two - LUP # 4CO942R" dated June 1998, specifically sheets 5 of 9 (last revised Jan 1999) and 8 of 9. 2. Seeding and mulching shall be applied as soon as no additional soil disturbance is anticipated (within 48 hours of completion of soil disturbance.) No seeding shall be applied after October I", or before April 15`h 3. As vegetative cover is paramount in retarding soil erosion, all erosion control measures (including haybale check dams and silt fence) shall remain in place until vegetative cover is established and stabilized in all areas of new construction. 4. Seeded and mulched areas shall be inspected weekly and replaced if necessary. 5. Seeded and mulched areas shall be inspected at the end of the first growing season to determine whether all areas have been fully established. Areas without adequate vegetative cover shall be scarified, fertilized, reseeded and remulched. 6. During construction, all catch basins, swales and related stormwater devices shall be maintained in good operating condition. Upon completion of construction, all erosion control devices (catch basins, swales, etc.) shall be inspected and cleaned to design specifications. Any sediment removed from catch basins and swales shall be disposed of as detailed in Item 10, below. LLEWELLYN INCORPORATED 7. Haybale barricades and haybale check dams shall be placed around all drainage structures including catch basins, culvert inlets and swales. Haybale barricades shall be installed around all sides of stormwater filtration beds during construction to keep sediment and other construction related debris from clogging or plugging beds (see Llewellyn Incorporated drawings, sheet 5 of 9.) All detention ponds and filtration beds shall be inspected weekly and cleaned as necessary to maintain good operating condition throughout the duration of construction. Any sediment removed from the ponds shall be disposed of as detailed in Item 10, below. During construction, all damages caused by soil erosion or construction equipment shall be repaired at or before the end of each working day. 9. Acceptable methods of sediment removal from ponds and swales may include, but are not limited to, "scooping" with a backhoe or loader or hand shoveling. Flushing sediment downstream is NOT acceptable. 10. Sediment removed from ponds and other erosion / stormwater control structures shall be deposited in a suitable area such as an approved landfill or an approved fill location on site (see Item 11, below), subject to the following restrictions. Sediment shall NOT be deposited within 100 feet of Waters of the State. Sediment shall NOT be deposited in such a manner that will allow its return to the detention pond or movement into downstream areas during subsequent runoff. 11. On site deposition of sediment removed from drainage structures shall be allowed in the area immediately to the East of proposed lots 70 through 80, subject to the restrictions mentioned in Item 10, above. Sediment shall be spread in lifts no greater than 12" and immediately seeded, fertilized and mulched. Seeded and mulched sediment deposition areas shall be subject to the requirements mentioned in Items 2 through 5, above. 12. In the event of winter construction, erosion control measures shall be implemented as outlined in the "Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites." LLEWELLYN INCORPORATED