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HomeMy WebLinkAboutBATCH 3 - Supplemental - 1600 Spear Street1 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 April 17, 1996 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: Pinnacle at Spear Dear Gerry: ZONING ADMINISTRATOR 658-7958 I received your letter requesting consideration of an amendment to the conditions of your permit for the above referenced project. Enclosed is a final plat application form. Please complete the form and return it to me with an application fee of $30.00. Once I receive the application form and fee I can then place you on the next available Planning Commission meeting. erfe�lof Jye Weith, ity Planner JW/mcp 1 Encl M a "a T IMTEM 1+ It G P H R T I E S I N (, . Richard Ward Joe Weith City of So. Burlington Via Fax Dear Dick and .roe, 1 would like to resolve the issue of lot ree plalrtings without geain; lawvers involved They have a tendency to complicate simple matters. I think- the foilowing ,, .1' protec.. the interests of the City while not placing an undue burden on us. 1) The responsibility to plant lot trees is triggered by the issuance of building permit on an individual lot, since there is no requirement to plant trees on vacant lots. 2) It is likely that, wl�,le completing this project , there will be no more than 10 homes under construction at any time. 3)1 propose that we establish a crash escrow account in the name orithe City in an an.ount necessary to cover 10 lots. This as count would only be rel.mse 1 at the end of the project, 4) In the event that greater than 10 Douses were under and had fiat fulfilled the planting requirements, you would have the option to increase the es,Sow atxnount and withhold permits until complied with. 5) I agree to abide by the terms of this letter if you are u,, agree)r,eat. I don't think- we would need any further agreements. Please lielp me resolve this soon. Let me know if this 1 act etjtable and ; will ha-;e the account and signature cards to YOu early rlext week. I ail at 305 781-42"1 , fax 3f)= `783-9694, Thanks. Sirs erely, Gerald C. Milot P.O. Bose '119.1 surlingerm, Vermont 0 5 4. 0 6 Tel (802) 658-2000 Faz(o02)864-8172 TOTHC P.01 L, AOUREUX, STONE & O'LEAR'. Consulting Engineers and Land Surveyors � 4 Morse Drive (802) 878-4450 Essex )unction, Vermont 05452 Fax (802) 878-3135 June 14, 1995 / l Mr. Bill Szymanski, City Engineer City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Cross-country sewer main extension along Spear Street south of Cedar Glen Drive Dear Bill. Please find enclosed the most recent set of drawings for the above referenced project. A few minor modifications have been made to these plans which are not reflected on the set we previouuly provided to you. The following is a list of the revisions: 1) The location of manhole #2 has been adjusted approximately 50 feet east as requested by Mr. Victor Ratkus so that the sewer alignment across his two lots is not in conflict with his future development plans. 2) The location of manhole #5 has been adjusted approximately 50 feet west as requested by the Lawlor's to reduce the impact on their landscaping and lawn areas. 3) In association with the pipe realignments to accommodate the new manhole locations, the pipe profiles have been modified to maintain minimum acceptable burial depths and slopes. 4) At the request of the homeowner's to be served by this new sewer line, the width of the sewer easement to the City of South Burlington has beed reduced from 30 feet to 20 feet. We have received State approval for the previously submitted design drawings, and our client's attomey is finalizing the wording of the easement agreement. We anticipate construction could commence, presuming you have no adverse comments with respect to the enclosed plans, within one to two weeks. If you have any questions or comments regarding this information, or require any atiui:iuiiai iiuurmBtiOri or 3uuiTiiiinis prior to COiiSirUcuun, picasc iCci a@`r i0 call our OTTiCe. Sincerely, I, Doug Goulette, P.E. c: Tom Wilkins Richard Ward, Zoning Administrator dougg\94145bs.djg Civil, Environmental & Transportation Engineering • Hydrogeological Investigation • Planning • Land Surveying City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 29, 1995 Mr. Doug Goulette Lemoureux, Stone & O'Leary 14 Morse Drive Essex Junction, Vermont 05452 Re: Sewer Main Extension Along Spear Street Dear Doug: ZONING ADMINISTRATOR 658-7958 The City approves your request for a sewer allocation of 4,980 gpd to serve the six (6) lots on Spear Street south of Cedar Glen Drive. These lots will be served by the City's Bartlett Bay Treatment Facility which has sufficient capacity to handle this additional demand. Please note that each lot owner will be required to pay a sewer allocation fee of $2.50 per gallon. Please advise each lot owner to submit the fee payment to Zoning Administrator Richard Ward prior to connection to the new sewer n extension. Sin rely, " J e Weith, ity Planner JW/mcp S"1"l'fLL:I. (K' I'Au I'.C. \l"fult\I'1S .\ I' LAW 171 I,.\'I II:k) S'FRHl I' SFEVEN F. SITIZEL PATI'l R. PAGL' 1'N SU N)MITIL') IN N Y I December 11, 1995 Carl H. Lisman, Esq. Lisman. & Lisman. P.O. Box 728 Burlington, VT 05402-0728 Re: South Burlington - Nowland Two Dear Carl: OI' COUNSEI, ART11UR W. CERNOSIA KOBER"I E. F AACHER I am writing concerning the Nowland Two Development in South Burlington. Have you been able to obtain a Partial Discharge of Mr. and Mrs. Gagnan's mortgage? Also, what is the status of the Hausner documents? Has Gerry Milot been able to meet with Mr. and Mrs. Hausner and their mortgagee, The Merchants Bank, and have the documents been executed? We will also need Property Transfer Tax Returns for interests being conveyed by your clients and Mr. and Mrs. Hausner to the City of South Burlington. Please prepare the Property Transfer Tax Returns, have them executed by the appropriate parties and forward them to our offices. Please call me so that we can discuss this matter. Very truly yours, Neil Wheelwright NW/map cc: Joseph Weith SON1956.COR STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 13NITERY STREET BURLINGI'ON, VERMONf 05401-5210 (802) 660-2555 (VOICE/PDD) STEVEN F. STTfZEL FAX (802) 660-2552 PATI'I R. PACE' MARK B. WARD' (*ALSO ADOIM M IN N.Y.) November 1, 1995 Carl H. Lisman, Esq. Lisman .& Lisman P.O. Box 728 Burlington, VT 05402-0728 Re: South Burlington - Nowland Two Dear Carl: I have reviewed the latest City legal documents for the Nowland Two development. Please make the following minor changes: OF COUNSEL ART IUR W. CERNOSIA ROBERT E. FLETCHER 1. Schedule A to the Partial Discharge of the mortgages. Both paragraphs (d) and (i) refer to the recreation path. Please delete paragraph d. 2. Second Notice of Development Conditions. Paragraph 5 on the second page should be changed to Paragraph 6. 3. Warranty Deed for Vale Drive. John Larkin's name at the top of the warranty deed is misspelled. 4. Recreation Path Easement Deed. The Recreation Path Easement Deed replaces the proposed warranty deed for the recreation path. Please discard the proposed warranty deed. With these small changes the documents should be ready to be executed by John Larkin and Gerry Milot. Thank you for your cooperation and assistance in this matter. Please call me if you have any questions. Very truly yours, Neil Wheelwright NW/jac cc: Joseph Weith Raymond Belair SON1919.cor STITZEL & PAGE, P.C. AITORNEYS AT LAW 171 BATTERY s,nu1 I' BURLINGTON, VERNIONT 05401-5210 (802) 660-2555 (VOICE✓I-DD) SI'EVEN F. STfIZEL FAX (802) 660-2552 PATfI R. PAGE' MARK B. WARD' OALSO AL)MME.D W N.Y.) November 1, 1995 Carl H. Lisman, Esq. Lisman ,& Lisman P.O. Box 728 Burlington, VT 05402-0728 Re: South Burlington - Nowland Two Dear Carl: I have reviewed the latest City legal documents for the Nowland Two development. Please make the following minor changes: OF COUNSEL. ART iUR W. CERNOSIA ROBERT E. FLL fC1IER 1. Schedule A to the Partial Discharge of the mortgages. Both paragraphs (d) and (i) refer to the recreation path. Please delete paragraph d. 2. Second Notice of Development Conditions. Paragraph 5 on the second page should be changed to Paragraph 6. 3. Warranty Deed for Vale Drive. John Larkin's name at the top of the warranty deed is misspelled. 4. Recreation Path Easement Deed. The Recreation Path Easement Deed replaces the proposed warranty deed for the recreation path. Please discard the proposed warranty deed. With these small changes the documents should be ready to be executed by John Larkin and Gerry Milot. Thank you for your cooperation and assistance in this matter. Please call me if you have any questions. Very truly yours, Neil Wheelwright NW/jac cc: Joseph Weith Raymond Belair SON1919.cor PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 October 5, 1995 Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: Setback Waiver and Drainage Alteration, Nowland II Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on August 8, 1995. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (November 6, 1995) or this approval is null and void. If you have any questions, please give me a call. Sincerely, 9fj Joe Weith,0 City Planner JW/mcp 1 Encl PLANNER 658-7955 City of South Burlington - 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 September 26, 1995 Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: Setback Waiver and Drainage Alteration, Nowland II Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the August 8, 1995 Planning Commission minutes. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (November 6, 1995) or this approval is null and void. If you have any questions, please give me a call. jee el a 11 ith, lanner JW/mcp 1 Encl � Mate taf Vert-1-01-1t Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council September 7, 199 Skip McClellan One Wentworth Drive Williston, Vennont 05495 Dear Mr. McClellan: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division l I 1 West Street Essex Junction, Vermont 05452 Telephone #(802) 879-6563 Subject: Subdivision Permit EC4-1750, relocation of sanitary sewer main, Nowland Subdivision,_ located off Spear Street, South Burlington, Vermont. Our office received plans and a cover letter regarding minor changes to the location of the sanitan, sewer main. I apologize for the delay in responding. An subdivision application, fee and two sets of stamped engineering plans will need to be submitted in order to amend the permit. I have enclosed an application form for your convenience. If the change is minor and no technical or detailed review is required, the S 50.00 amendment fee would be appropriate, however if the change is more involved our regular fee schedule will apply. Sincerely. 'JJessanne Wvman `J Assistant Regional Engineer Enclosure c Totem of South Burlington Gem' Milot, John Larkin Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnshury City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 28, 1995 Skip McClellan FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Sewer Line Modification, Nowland II Dear Mr. McClellan: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, May 12, 1995. If you have any questions, please give me a call. RJB/mcp Encls cc: John Larkin Sinc ely, Raymdnd J. Belair, Zoning and Planning Assistant 0 Preliminary Memo - City Engineer May 23, 1995 agenda items April 28, 1995 Page 2 HARBOR HEIGHTS DUPLEXES - BAYCREST DRIVE 1. Entrance drives shall include depressed concrete curbs. 2. Land originally designated for City Park is better suited for recreation use then the two swap options proposed. NOWLAND TWO - SPEAR STREET - (SEWER RELOCATION The relocation of the sewer main as shown on plans dated April 1994 prepared by FitzPatrick-Llewellyn is acceptable. M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Review for May 23, 1995 Meeting Date: April 27, 1995 I have reviewed the following site plans and my comments are as follows: 1) TRI-CARE Inc., Dated 4/19/95 10 Patchen Road Acceptable 2) Terry & Mary Shepard Dated 4/19/95 131 Patchen Road Acceptable 3) Sanitary Sewer Extension Dated 4/20/95 Project No. 95036 Acceptable 4) 3097 Williston Road Dated 4/20/95 Project No. 95034 Acceptable 5) Pillsbury Manor Dated 4/14/95 Williston Road Project No. 90101 Acceptable- 6) Harbor Heights Duplexes Dated 4/14/95 Lot C, Harbor View Road Plan A. Access drive needs to be widened to 30 feet; otherwise acceptable Plan B. Acceptable Plan C. Acceptable but least preferred of the three due to minimal spacing between structures. S 265656 40.04' IN,1F UNDERWOW MEN= r �' � cam_ • N/F ATKINS 63gp� IBIS S 61 J6'55' £ aJ5' N/T- CHIU •w.�. / • /' z +. .'„V N/F GAGNON p N/F MEREDI7H ; N/F ATKINS • ��--` � \ " ,.,,;,�\���\� u STREET A � ORIV�) g N ' I _.....-�`___---._.__ ,-PtNNA --- �a '_. - '-��' -•._\.1 __ 2 a N/F' HANSON / _ 48 5 1 47 (23 ...._..-._....._._......._ �'._..`' _ ~� 10'U16J EA`St71FNT TYY.24 / ' •',.�. i`,• ""fl z8 I... _-J29••jl '\ (�7Q1 .�_ -- '- J�-h• It In INN A' OWN" 1ED NETIAND U40I7S 80 10' UTRJTY T (TVP.) < COMMON LAND 1 0 O_--� l i - __ N 67457 E N 0B7051' £ N 062457. E 1526.1 P J75.72' 4aw, N/F £CONOMOU FARMS INC. NIP MAU N/P FARRELL ET. AL NO TES 1. OWNER / APPUCANT: LARKIN MILOT PARTNERSHIP 410 SHELBURNE ROAD BURLINGTON, WRA40NT 2. ZONED: SOUTHEAST QUADRANT J. TOTAL PARCEL AREA: 66.7 ACRES 4. PERIMETER PROPERTY LINE INFLIRMAT70N TAKEN FROM PLAN ENTITLED NOALAND PROPERTY lI - SUBDIVIS7ON PLAN" BY R72PATRICK - LLEWPLLYN INC. NUMBER D-3879 / D-3880, DATED MARCH 1991. 5. TOPOGRAPHIC AND EXIST7NG FEATURES INFORMA770N BY FITZPATRICK-LLEA£LLYN 6. PROPERTY LINE INFORMA77ON FOR SWFT ESTATES TAKEN FROM TAX MAPS PROVIDED BY THE CITY OF SOUTH BURLINGTON. 7. PRO,.ECT DESCRIPTILW: 73 SINGLE FAMILY LOTS ON 66.7 ACRES ON THE EAST SIDE OF SPEAR STREET IN SOUTH BURLINGTON, VERMONT. 7322 (+/-) LINEAR FEET OF ROADWAY WITH CURBS BOTH SIDES AND SIDEWALK ONE SIDE WITHIN A PROPOSED 0TY R.O.W. k r,-. —�� - - r- �t,E MAY 2 v 1993 City of So. Burlington GRAPHIC SCALE o IN veer ) 11„ae - Im M 2 REWSED CM-0£-14C, LOIS 4/9J I REWSED ROADWAY AAN SOLE LOTS 11/T9/92 NCL REWSONS DA 7E PROG1 w pRwr Pf awiNARY DESGN f)NAL DE'SCIY E ACT 250 CHMED &OGf WDICATTS STANS a, MIS DRA-INC iris sam v Dr flows mamapigmirr m Elvm ncs a Amwa MC1flO's Yw LA1ES'T RENsaJs �JNOWLAND T W O SOUM au"GrOR 0 VERALL SITE PLAN - j� Jam% � R �( IAOLtt Male 920I5 AJLY 1992 Muw n INCORPORATED BIID woo MAAa Dla/rAaw Aa- nAn.c swnas D — 4J82 VAWSTON VERMONT I, .7 -v 20 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 2, 1997 John Larkin 410 Shelburne Road South Burlington, Vermont 05403 Re: Modify Condition #15, Pinnacle at Spear Dear Mr. Larkin: ZONING ADMINISTRATOR 658-7958 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, July 8, 1997 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. qv rel , eith, Planner JW/mcp Encls City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 2, 1997 John Larkin 410 Shelburne Road South Burlington, Vermont 05403 Re: Modify Condition #15, Pinnacle at Spear Dear Mr. Larkin: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the June 10, 1997 Planning Commission meeting minutes. If you have any quesAions, please give me a call. $i4ice.Fel , t1 J e Weith, C ty Planner JW/mcp 1 Encl 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 July 8, 1997 at 7:30 P.M. to consider the following: 1) Revised final plat application of John Larkin and Gerald Milot be amend a condition of approval for a planned residential development consisting of 73 single family lots, Pinnacle @Spear, Spear Street. The amendment is to extend, by one year, the date by which the roadways serving the development must be completed. This will in turn extend, by one year, the approved reserved sewer allocation for the development. 2) Revised final plat application of Century Partners to amend an approved planned unit development consisting of 96,800 square feet of general office and shopping center use in four (4) buildings, 100 Dorset Street and 2 Corporate Way. The amendment consists of minor site modifications to accommodate an outdoor plaza area. 3) Final Plat application of Nile and Julie Duppstadt and John and Deborah Alden for a planned residential development consisting of 62 single family lots on 62.4 acres of land, 1550 Hinesburg Road and Van Sicklen Road. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission June 21, 1997 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 20 April 1995 Mr. Joe Weith South Burlington City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Nowland Two Sewer Relocation File: 95036 Dear Mr. Weith; On behalf of our client, L&M Partnership, we are submitting the enclosed drawings for revised final plat approval. The application, in your standard format, is as follows: 1) Name of Applicant: L&M Partnership 2) Name of Subdivision: Nowland Two 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: None Please find enclosed five (5) copies of the drawings, one reduced (11 "x17") copy of the Site Plan ,and the Final Plat application fee in the form of check number 24785 for $30.00. Please schedule this application to be heard on the earliest available Planning Commission meeting date. Feel free to call should you have questions. Sincerely, FITZPATRICK-LLEWELLYN, INCORPORATED Skip McClellan cc: John Larkin SLM/slm Design 0 Inspection 0 Studies 0 Permitting • Surveying JOHN M. DINSE, COUNSEL ROBERT H. ERDMANN MICHAEL B. CLAPP SPENCER R. KNAPP KAREN MCANDREW BARBARA E. CORY ROBERT R. MCKEARIN JAMES W. SPINK JOHN D. MONAHAN, JR. EMILY R. MORROW RITCHIE E. BERGER AUSTIN D. HART SAMUEL HOAR, JR. STEVEN L. KNUDSON August 16, 1995 Dinse, Erdmann & Clapp ATTORNEYS AT LAW NOAH PALEY SANDRA A.STREMPEL 209 BATTERY STREET P. 0. BOX 988 MOLLY K. LEBOWITZ BURLINGTON, VERMONT 05402.0988 PIETRO J. LYNN PHILIP C. WOODWARD TELEPHONE FACSIMILE SARAH GENTRY TISCHLLR 802-864-575I 802-862-6409 SUSAN J. FLYNN JEFFREY J. NOLAN DOUGLAS D. LE BRUN SHAPLEIGH SMITH, JR. JEFFREY J. MCMAHAN Mr. Joseph Weith South Burlington City Planner 575 Dorset Street South Burlington, Vermont 05403 Re: Milot Development Spear Street South Burlington Dear Mr. Weith: I was quite surprised --and appalled- when recently passing the above development to note the presence of a number of high - intensity street lights. I am amazed that the City of South Burlington would approve the placement of such lights in what was, at least until recently, a beautiful field. Quite frankly, it is bad enough that the City of South Burlington has permitted the project but I cannot believe that you have permitted Mr. Milot to turn that section of Vermont into New Jersey. Would you kindly forward to me copies of whatever minutes or findings exist permitting installation of those lights. If they ar-e = ct author 4 ze0I n� _ty of South �arl�nyt..n, I would icgil- that steps be implemented to have them removed. Very truly yours, Ritchie E. Berge REB/jw City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 18, 1995 Mr. Ritchie Berger Dinse, Erdmann & Clapp 209 Battery Street P. 0. Box 988 Burlington, Vermont 05402-0988 Re: Milot Development, Spear Street Dear Mr. Berger: ZONING ADMINISTRATOR 658-7958 At your request, I am enclosing a copy of the Findings of Fact & Decision for the above referenced project. The lighting is addressed under fact #23 on page 4. The light locations are shown on sheet #27 of the 28 page set of plans referenced in the commission's decision (page 5). Please do not hesitate to contact me if you have any questions or need additional information. in rely 't oe Weith, City Planner JW/mcp 1 Encl R Unsworth Properties, Inc. Apartment & Commercial Spaces P.O. Box 4060 South Burlington, Vermont 05406 (802) 862-0480 August 7, 1995 South Burlington Planning Commission 575 Dorset Street South Burlington, Vermont 05453 I regret that I cannot attend the meeting Tuesday evening to discuss setbacks on the new "Nolan Farm Road". I am deeply concerned that the Commission is weakening it's position and is asked to ignore the long planned regulation affecting development east of Spear Street. My understanding is that the developer wishes to throw out the established 50' setback and permit a 20, setback. The new street, east of Deerfield, is designated as a collector street. This means it is one of very few east -west streets going from Spear Street eventually to Hinesburg Road. I believe only Williston Road and Swift Street are now available. This means Traffic and traffic was the reason for a 50' setback. I would hope that the Planning Commission will decide what is clearly best for South Burlington and not just what is best for the developer. Si nc rely, R. Unsworth S\PLANCOMM.LET Memorandum - Planning August 8, 1995 agenda items August 4, 1995 Page 8 Landscaping: This is the only aspect of the project which is changing. Berms and additional landscaping are proposed to screen the project from the street and adjoining property owners. Landscaping value has increased from $158,485 to $655,240. The value of the two (2) trees per lot remains at $96,600. The plan has been revised since sketch plan, at the Public Works Superintendent's request, to remove all non -street trees from the street right-of-way. 8) L&M PARTNERSHIP - SETBACK WAIVER & EASEMENT REDUCTION - REVISED FINAL PLAT This application consists of amending a previously approved planned residential development for 73 single family lots, Spear Street. The amendment consists of: 1) modifying the front yard setback requirement along a collector street from 50 feet to 20 feet, and 2) reducing the size of the drainage easement on the Ratkus property. This project was approved on August 10, 1993 (minutes enclosed) and amended on 10/25/94 and 5/23/95. No sketch plan review was held. Setbacks: The Planning Commission, pursuant to Section 6.607 of the zoning regulations, may modify the setback requirements. The applicant is requesting that the front yard setback requirement along Nowland Farm Drive, which is 50 feet, be reduced to 20 feet. This request applies only to lots #1, 51, 52 and 73. Staff recommends that the waiver not be granted. The reason for the 50 foot setback along collectors and arterials is to provide sufficient distance between buildings and roadways so as to lessen the impact of high traffic volumes (e.g., noise, pollution, etc.) on the occupants of the buildings. I am concerned that if the waiver is granted, once the City decides to extend Nowland Farm Road east to Dorset Street as planned, the first people to complain or fight the proposal will be those whose houses are located only 20 feet from the r.o.w. line. There is sufficient area on the lots in which to construct a home. If the applicant desires a larger footprint, I suggest he consider merging these lots with the adjacent lot to the north. If the Commission feels a waiver is appropriate, I recommend that some type of low berm with dense landscaping be provided in order to better buffer the homes from the collector road. Memorandum - Planning August 8, 1995 agenda items August 4,1995 Page 9 Easement: The applicant is proposing to reduce the size of the drainage easement across a corner of the Ratkus property from 20 feet to 10 feet. The original easement was recorded as part of final plat so the plan showing the revised easement should also be recorded. The plan should be revised to include dimensions for the easement. The Public Works Superintendent has indicated that the minimum easement width necessary to maintain the drainage pipe is 20 feet and therefore recommends that the easement not be reduced. The legal documents for the easement should be approved by the City Attorney and recorded in the land records prior to recording the easement plan. 9) WILLIAM & LEE BISSONETTE - RESTAURANT ADDITION - SITE PLAN This project consists of adding an 826 square foot addition and 38 indoor seats to an existing 3174 square foot standard restaurant with 94 indoor seats and 28 outdoor seats. The ZBA on 12/12/94 overturned the Zoning Administrator's decision that this establishment is a fast food restaurant and ruled that it is a standard restaurant. The last review of this property by the Planning Commission was on 4/10/90 (minutes enclosed). This property located at 1251 Williston Road lies within the Cl District. It is bounded on the west by a service station, on the south by an auto repair shop, on the east by Midas Road and on the north by Williston Road. Access/circulation: Access is provided by an ingress only curb cut on Williston Road and a 33 foot ingress and egress curb cut on Midas Road. The applicant is proposing minor modifications to the Williston Road curb cut to better define its ingress only characteristic. Circulation is adequate. Coverage/setbacks: Building coverage is 13.1% (maximum allowed is 30%). Overall coverage is 69% (maximum allowed is 70%). Front yard coverage along Williston Road will decrease from 61.1% to 53.2% and along Midas Road remains at 75.4% (maximum allowed is 30%). The existing building does not meet the front yard setback requirement. This building is therefore a noncomplying structure E7 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 4, 1995 Gerald Milot P.O.Box 4193 Burlington, Vermont 05401 ZONING ADMINISTRATOR 658-7958 Re: Setback Waiver and Drainage Easement Alteration, Nowland II Dear Mr. Milot: Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski were sent to you at an earlier date. Please be sure someone is present on Tuesday, August 8, 1995 at 7:30 P.M. to represent your request. If you have any questions, please giv, me a call. r S'n ere Joe Weith, Cit Planner JW/mcp Encls /��r�� �r�+ �-� 7.�w•-� �,z. ,,fie 0 = 90 00'00" R = 15.00' T = 15.00' L = 23.56' N/F IBIS 2091155 153163 / / 0 63.E p 39,848 S F. 0.91 AC. 966�. 3 37,131 S.F. 0.85 AC. h w go Ly 90 �l T = R = 9 ry l r L = 2 .56 ' ��Q °O� ' . �30 �9 T = 8 4 1 / o,/ / PROPOSED l0' �JJT/L/TY EAStMEWT it!4"- L = 1. 3/ PROPOSED A 51 MAILBOX \'Oso ` 0 N24 32'14 E N oo° EASEMENT T —� -- 21 71 ' a = rl to.-.9 S. F. 5 o 90001 AC. l ^R = 15.00'T = 15.00' 417,153 S. F. L = 23.56' l^' 16,900 S F. _ n. 39 A C. 70" o4z 0 = 90100'00' _ ?_ R = 15.00' 7 15.00' 75 0 194.8.3 s N06'40'03'E-_ _ _ A`510 - - - 194.83 - p = 3836'48" (o; N0674'S7'E p = 14'11 "06" p = 14 05'05" 31.15' R = 430.87' R = 214.00" R = 40.00' N 116. 18' T = 53.61 ' T = 26.44' T = 14.01 '/- p� I L = 106.67' L = 52.61 ' L = 26.96' N7525'09"W S067457"W _ _ S075259'W N157- 100.00T- 100.00' 110.62 cl l o i ROPOSED C In :W 0' UTILITY J `p ASEMEN T 3 3 33 �, 54 �, 7-4�5013,897 S Flo o J i -R � 15.00' '� 13, 000 S.F. '� - 0.32 AC. old o f I I T 15.00' 20,386 S.F. z 0.30 AC. z 13, 000 S.F. Z p= 02 5604 o I L- 23.56' 0.30 A C. R= 2030.00' 0.47 AC. T = 52.00' L = 103.97' IL /--- _ 142.19' _ 100.00' 1 00.00' N0624 57TE 342.19' I I MAILOS EASEMENT UnOPOSEASEMEN T R = 2030.00 p=154026" -17 O I o vALE DRIVE T= 2 79.4 1' ro B L = 555.33' ~ I S062457"W 342.19' I / 104.96 100.00' - - - - 100. DO m\ R = 9000'00" p = 0149'32' T= O i L = z to 0 0 F� i o I 15 A � I R = 1970.00' p = 0254 T = 31.39R = 1970. N L = 62.77' w T = 50.01 L = 100.0 o�LZ 72 oI" olo �lo olo %Q ;*I� 13, 000 S.F. 13, 000 S.F. m 69 0.30 AC. 0.30 AC. 12,757 S. F. 0.29 A C. 12, 608 S. F 0.29 AC. Q11' 1 119. 96' 100. 00' 100. 00' 95. 85' 93. 39' - - - - mr o S0624'57"W S0638 27 W S09'41 44 W ^+ N o I �� C� O Irn w W A to , = 29'18'45" m i R = 35.00' TEMPORAR Y R. 0. W. FOR L = 9.7.91' GRAVEL CUL—DE—SAC = v' C( „sap ♦-EMUS. -�„ your housel tail at $60.3321. AssiX JCT Misc. Items, sectional sofa, glassware, US= NEARING ivst 42K origi- um sURUNGTON „ mites, 6 cyl., 2 door \NNING COMMIS- nat-top, great shape. Turn SION key arW go. $2500/beat. Call862-1907 lv-4eed to fill a position? IlWe us ■ call at 658-3321. INVITATION TO BID t DEPARTMENT OF All STATE BUILDINGS STATE OF VERMONT or viUeneral Contractors are alinvited to bid on the in- )ICtallation of a sewage e folding tank and paving A he new walks, driveway, >rtnd perking let for the allorthwest Regional Li- onrary in Georgia, Ver- ont. :al, pcealed Bids accompanied ry proper bid security will rtre received by the De- is, artment of State Build- ings, at 2 Governor Aiken x)tvenue, Montpelier, Ver- )dront, until 2:00 p.m., 95. ednesday, August 9, 1 U95. At that time, all bids y ill be opened and pub- rve;ly read aloud at Two co.ovemor Aiken Avenue, onecond Floor Conference oom. na n conafide Bidders may ob- rNn documents at the De- iktartment of State :enuildinga, Two Governor n ikon Avenue, Drawer 33, 3Wontpelier, Vermont 5633-5801. art ethere will be a pre -bid )dneeting at the site on 35Jednesda , August 2, 995, at 2:00 p.m. in miohn J. Zampieri ;ommissioner I%uly 21, 22 6 24, 1995 is INVITATION TO BID lids are being solicited by nine Town of Essex for )nnonument/marker restor- n don in the Essex Com- Anon Burial Ground off rkioute 15 in Essex Center. r Vork is to begin this sum- )dner with completion de- r.,ired by late fall of this ilrear. A project plan is vnvailable for review at the it -own Recreation Depart- nent, 81 Main Street, Es - )sex Junction. Monday 0(hrough Friday, 8:00 a.m. fie 4:00 p.m. The successful o)idder must purchase a i&et of plans in the amount if $80. Sealed bids must ',)a submitted by 4:00 5).m., Tuesday, August 1, )a 995 at the Recreation )Cepartment, 81 Main ;treat, Essex Junction, IT. duly, 22, 23, 1995 OTICE E VERMONT ENVIRONMENTAL I BOARD C 10 V.S.A. Chapter 151 D ACT 250 NOTICE OF ORALARGUMENT South Burlington fining Commission will 7 a public hearing at South Burlington City Conference Room, Dorsal Street, South imgton, Vermont on =onttmsed NOV Column Tuesday, August 8, 1995 at 7:30 P.M. to consider the following: 1) Revised final plat appli- cation of MBL Associates to amend a previously ap- proved planned resi- dential development consisting of 121 sinnggle familyy lots and 60 Me famlly units, Dorset Street. The amendment consists of adding berm and landscaping to con- form with the state Envi- romental Boards'. approval. 2) Revised final plat appli- cation of Larkin Milot Partnership to amend a previously approved planned residential devel- opment consisting of 73 single family lots, Spear Street. The amendment consists of: 1) modifying the front yard setback re- quirement along a collec- tor street from 50 feet to 20 feet and 2) reducing size of drainage ease- ment on Ratkus property. 3) Revised final plat appli- cation of David Olenick to amend a previously ap- proved two (2) let subdivi- sion, 700 Hinesburg Road. The amendments consists of: 1) reducing size of parcel #3 by transferring 0.24 acres to an adjoining parcel, and 2) reducing size of parcel #3 by transferring 0.14 acres to another adjoining parcel. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission July 22, 1995 PUBLIC NOTICE The 1994 annual return for ZdoVermont is avail- able for inspection during regular business hours by any citizen who requests inspection within 180 days. Contact Francine Tuerk, 1 Bay Rd, Shel- bume VT 05482, Tel: 802- 985-8846 July 22, 1995 TOWN OF UNDERHILL ►LAMNMM COMMISSION NOTICE OF PUBLIC HEARING Pursuant to 24 V.S.A. Chapter 117. the Underhill Planning Commission will hold a public heanng on Tuesday, August 8, 1995 at 7 45 P.M. in the Underr- ,.uwuS WAWa ,oi V6. auto. coid air. us.po. cruise. dd. new tires, white with red interi- or, high fta. miles, axcel- Ient condition $2850/beet. Call 868-4845 GEO PRISM 1SS0 98K, runs great, new muffler, needs some work, S2500. Call 434-3240. HONDA ACCORD "I 1967 — Mint condition, runs S drives excellent. 124K miles, loaded. $3500/beet. Call 884-1685 days or 865-9349 eves Convert ckmer to cosh 0500. gT9 8099- ULK CALAIs INTI., ATHONAL t Sss 75K, auto, 4 door, loaded. sporty, $3300. Ptease call 878-1-237 - PEUGEOT WAGON 1947 Turbo, high mile- age. Runs great) 4 new winter tires inc. $2200. 658-3790 SO BURLINGTON Regis- tered day care, Central School District. 1 full-time d 3 after school openings for Fall. 863-4771. OFF TJr I LEGAL NOTICES 1 LEGAL NOTICES 8sO0 - The request of WARNING David d Nancy Green- wood of Page Road to expand a Non -Complying structure. The property (PH120) is in the Rural Aesidentiai Agricultural District. This request comes under Chapter IX, Section H, and Chapter IV, Section F of the Un- derhill Z iR I The Iegal voters of the town of Addison are here- by notified and warned of a special meeting to be held at the Town Clerk's Office July 24, 1995 at 7:30 p.m. Such meeting called by the legislative body of the Town of Addi- 1 onng egu a- son. dons. The polls to open at 10:00 Information on this appli- a.m. and close at TOO cation is available in the a m. July 25, 1995 at the Town Clerk's Office and I own Clerk's Office. comments may be made in writing prior to or at the hearing. Reasonable ac- commodations will be made for those request- ing assistance at least 24 hours in advance of the hearinn Mary Fell, Clerk Underhill Zoning Board of Adjustment. July 22, 1995 "fold the First Day”. We hear this every day from successful advertisers. Free Press Classlfleds work. Call us at 658.3321. We can help you make your ad work. WARNING The legal voters of the town o Addison are here- by notified and warned of a special meeting to be held at the Town Clerk's Office July 24, 1995 at 7330 P.M. Such meeting called upon a petition submitted by not less than five percent of the qual- ified voters of the town to discuss money issues be voted by Australian Ballot. The polls to open at 10:00 a.m. and close at 7:00 p.m. July 25, 1995 at the Town Clerk's Office to act upon the following ques- tions submitted by not Was than five percent of the qualified voters of the town by petition: 'TO SEE IF THE TOWN OF ADDISON WILL VOTE ON THE HIGH- WAY TAX LEVY, THE SELECTSOARD'S TAX LEVY, AND ALL AGEN- CY REQUESTS FOR MONEY FROM TAXES BY AUSTRALIAN BAL- LOT?" Dated at Addison in the County of Addison and State of Vermont this 22nd day of June 1995. Todd Reed B.William D. Margaret Barnes Marion Spencer Sekwtboard, Town of Addison ARTICLE I "SMALL THE TOWN HAVE ITS ANNUAL TOWN MEETING ON THE SATURDAY PRIOR TO TOWN MEE- TINOt^ ARTICLE 11 "SMALL THE TOWN HAVE ITS ANNUAL TOWN MEETING ON THE MONDAY EVE OF THE TOWN MEETING DAY?" Dated at Addison in the County of Addison and State of Vermont this 22nd day of June 1995. Todd Reed B. William D. Margaret Barnes Marion Spencer Selectboard, Town of Addison July 22, 1995 WARNING The legal voters of the town of Addison are here- by notified and warned of a special meeting to be held at the Town Clerk's Office July 24, 1995 at 7:30 P.M. Such meeting called upon a petition submitted by not less than five percent of the qual- ified voters of the town to discuss money issues be voted by Australian Ballot. The polls to open at 10:00 a.m. and Dose at 7:00 p.m. July 25, 1995 at the Town Clerk's Office to act upon the foiiowing ques- tions submitted by not less than five percent of the qualified voters of the town by petition: "TO SEE IF THE TOWN OF ADDISON WILL VOTE ON THE HIGH- WAY TAX LEVY, THE SELECTSOARD'S TAX LEVY, AND ALL AGEN- CY REQUESTS FOR MONEY FROM TAXES BY AUSTRALIAN BAL- LOT?" We are Oresentty accept- ing appilcatkx)s for part time emplaryment for the toliowing posItions. • Quest Service Agent • HousekNpors • Somers APWYin person at The Ramada 1117 WHiMa ton Rd So EIMIf1gt on, VT WAGO" ABSOLUTELY FREE 2 BUNNY RABBIT Free to good home, house trained, complete w/cage feeder and watering bot- de. 658-6142. car A FREE JUNK CAR REMOVAL If not com- pletely dismantled. Rath*'. lalya" Tues- Fri 8-5. Sat 8-12 655-0651 DENTAL CLEANING Dental Hygten ist seeking board patient, must be available 8/14/95 to travel to Boston, incentives for qualified people Call 878 79 37. KITTENS To good home only. Two tigers, 1 grey and 1 dark. Brother and sister, who like to stay together. Call SW7523. SEVEN BANTAM ROOSTERS. YOU PICK. Call 893-4542., after 5 p.m. TRIP TO MAINE IS- LAND Busy Island take out.Housing included for 12 week vacation. Call for details 207-734-2270- Need to sell your cart Give us a call at 65"321. WOODEN PALLETS and other scrap wood. Good for turning. Pickup at Claussens, Colchester Village. BOX SPRINGS 3 mat- tress, 2 twin; Couch and chair, good for camp or student; 655-7614 NEEDRE/ 4 ED SHELBURNE in home child care needed for 21 infants S 3 year old. F-T, live out, experienced, ref- erences, non-smoker. 985-4990. SHELBURNE Liu in Nanny Openings w/good families. Car helpful, good salary. sS2-5215 to. BURLINGTON Neat live -out nanny for new- born. Hours flexible, tult- time/part-time. Non-smok- ers only. References re- quired. Call 880-9826. ST ALBANS Loving per- son to care for our 11 mo. old in our home. Only the best. Call Julie, 527-9690. CHILDCARE/ 4A OFFERED BURLINGTON Mom of 2 to care for your 2+ yr old in our happy home. P-T or'. school firs. 860-1359. MILTON — Mother of 16 mo old twins w/Masters Degree in Education opening Registered Day- care on 9/5. 2 sppoois avail- able. Call 893-110. MANNIK -LMK IM HO( We of Salary and If 41 corn NE Appletres Point Dated at Addison in the County of Addison and ¢t.m .,# vormnnt this Preliminary Comments - Planning August 8, 1995 agenda items August 18, 1995 Page 3 --- show all existing and proposed landscaping. The proposed landscaping should meet the minimum requirement required under Section 26.105(a) of the zoning regulations. --- provide existing and proposed exterior lighting details (cut - sheets) and show locations on the plan. --- show dumpster locations, all dumpsters should be screened and so noted on the plan. --- provide a bike rack as required under Section 26.253(b) of the zoning regulations. --- show parcel D as part of this development by showing it on sheet SP2. --- show existing 10 foot pedestrian right-of-way easement. ALFRED SENECAL, JR. - OFFICE/WAREHOUSE ADDITION - SITE PLAN --- indicate quantity of each planting proposed. --- provide total square footage of office space, number of non - office employees and number of company vehicles operating from the premises. --- provide front yard coverage information (front yard is 40 feet in width along road right-of-way). --- applicant should be aware that the road impact fee for this project is approximately $1000. --- plan should show storage trailers. DAVID OLENICK - RESUBDIVISION - REVISED FINAL PLAT --- plat is acceptable. --- submit an 111'x 17" reduction of plat. L&M PARTNERSHIP - SETBACK WAIVER & EASEMENT REDUCTION - REVISED FINAL PLAT --- submit a revised sheet 5 of 27 showing the new easement configuration. This plan will eventually be recorded. 3 Preliminary Comments - City Engineer August 8, 1995 agenda items July 20, 1995 Page 2 NOWLAND II - RATKUS DRAINAGE EASEMENT - SPEAR STREET Sketch plan with the dimensions added will be acceptable. DORSET COMMONS APARTMENTS - DORSET STREET 1. The project location sketch showing the City limits is completely in error and should be deleted. The main streets such as Swift, Dorset, Spear, and Williston Road should be on this sketch. 2. Site plan is very difficult to follow water, sewer and drainage lines and their size should be clearly shown. It is not necessary to show gas, electric and TV lines. 3. Champlain Water District has an easement across this property, it should be shown. 4. Services (water and sewer) to serve new facilities shall be shown. Also drainage pipes and culverts including size. 5. Access to the Sweeney lot should be shown. 6. Utility lines including drainage should not be installed under buildings. 7. The emergency access drive should include a gate at each end. It should also be maintained including snow plowing. N f9 EN w u, v O LF N m 0 r 6 Z W co J En z 0 U Z J E Q A J Q Z A m m LO 0 m i m LO 0 Ratkus 1:DCP- nr DITCH----= 1 "ti Merideth GRAPiRC SCALE l rl b R 16%S6261100,9 440�c,0 p oA :'%,�• • M t 0 r oc 774 T • r ��*f `Q • � •.,QIlTIM .•4��� 00 S U,, i10ts ,, T eta . Drainage Easement Pia Ratkus Parcel 1495 Spear Street South Burlington. Vermont 5/9/95 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, August 8, 1995 at 7:30 P.M. to consider the following: 1) Revised final plat application of MBL Associates to amend a previously approved planned residential development consisting of 121 single family lots and 60 multi -family units, Dorset Street. The amendment consists of adding berms and landscaping to conform with the state Environmental Board's approval. 2) Revised final plat application of Larkin Milot Partnership to amend a previously approved planned residential development consisting of 73 single family lots, Spear Street. The amendment consists of: 1) modifying the front yard setback requirement along a collector street from 50 feet to 20 feet and 2 ) reducing size of drainage easement on Ratkus property. 3) Revised final plat application of David Olenick to amend a previously approved two (2) lot subdivision, 700 Hinesburg Road. The amendments consists of: 1) reducing size of parcel #3 by transferring 0.24 acres to an adjoining parcel, and 2) reducing size of parcel #3 by transferring 0.14 acres to another adjoining parcel. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission July 22, 1995 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 July 18, 1995 ZONING ADMINISTRATOR 658-7958 Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: Setback Waiver and Drainage Easement Alteration, Nowland II Dear Mr. Milot: Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski and myself. Please respond to these comments with revised plans no later than Friday, July 28, 1995. If you have any questions, please give me a call. ely, Sincymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls JUL 11 195 11:33 CIT' OF 5 BURLINGTON F.1%1 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant 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 plot designer since preliminary plat application 4) 5) 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: Submit fl vv copies sand Q= xi�c�uced�copy (11 x 17 ) of a final plat plus engineering drawings and c staining all information required under Section 202.1 0� the subdivision regulations for a minor subdivision and tinder Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for a major subdivision. (Signature) appliean or contact person Date Post -it` Fax Note 7671 Dale -�(- q paon► To /' M C-I F 1!ZA CoMept Co. Phone a Phone e F- a S(7 _I_ O e ci lax 0 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 13, 1995 Skip McClellan FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Sewer Line Modification, Nowland II Dear Mr. McClellan: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on May 23, 1995. Please note the conditions of approval. If you have any questions, please give me a call. Sincerely, ,�,� Joe Weith 4 City Planner JW/mcp 1 Encl cc: John Larkin City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 June 19, 1995 Skip McClellan FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Sewer Line Modification, Nowland II Dear Mr. McClellan: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the May 23, 1995 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (August 21, 1995) or this approval is null and void. If you have any questions, please give me a call. S' cerely, Joe Weith, City Planner JW/mcp 1 Encl cc: John Larkin r k .Jr I Tr PF1 "11 W. PM n P R p P E H r l F c 1 ;V C Joe Weith City of So. Burlington City Mall Dorset St. So. Burlington, Vt. 05403 Dear Joe, I have spent some time reviewing the plans on the Nowland II subdivision with regard to the setback requirements from a collector street. We specifically showed on the plans a typical building envelope, as we did on our Dorset Park project Those lots that were to have a different building envelope than the typical were shown orrthe plan with a different envelope. All other lots were approved as per the typical. The Planning Commission allowed this pursuant to section 6.607 of the ordinance. This is very important for the three lots that are potentially effected. These lots are subject to height restrictions as a result of the Dorset Park view corridor. Because of these restrictions it is necessary to have a greater flexibility in design to accommodate the square footage in a single story home. This approach to setting typical building envelopes has been followed in all our developments. The planning commission has always approved the location of the multi -family buildings with us showing the actual footprint of the buildings, The single family units were built subject to a typical building envelope approved by the planning commission. If you check our Dorset Park Project you will find the exact situation with buildings approved within 25' of the new collector street. Also note that these setbacks are side yard rather than front yard. Our thought was that homeowners would landscape their side yards to provide privacy from the street. Please let me know if you don't agree with me since we are closing on one of these lots on Friday and we plan on representing the building envelopment as the ' typical ' approved on the plan. Thanks. Sincerely, Gerald C. Milot P.U. Box 419i Burlingron, Vermonr 0 5 1 0 6 Tel (802) 654.2000 Pax (802)964-8172 PLANNING COMMISSION 23 MAY 1995 PAGE 4 involve a landswap with city parkland. Plan "c" would be completely single family lots and would also involve a landswap with parkland. Mr. Rabideau noted that residents would like to leave the park alone. Ms. DePaolo asked that a duplex not be right across from her and asked for single family homes in that area. Ms. Lyman asked if there could be one access instead of 2 so people aren't cutting in and out. Mr. Rabideau noted they are already reducing the number of accesses from 5 to 2. A resident felt a light might be needed because of the number of cars going into Bay Crest. Mr. Frank had no problem with the reconfiguration except for the risk of people using it as a shortcut. He suggested speed bumps. He did not like plans "b" and "c." Mr. Weith noted the Fire Chief would have a problem with only one access. Ms. Budd asked about sidewalks. Mr. Rabideau said none are shown now. Members liked the 2 curb cuts better than the previous 5. Mr. Burgess noted the Fire Chief may want a wider road. Mr. Crow expressed concern for the inadequacy of guest parking. 5. Public Hearing: Final plat application of L & M Partnership to amend an approved planned residential development consisting of 73 single family lots located on the east side of Spear Street. The amendment consists of relocating a portion of the proposed sewer line for the development: Mr. Crow stepped down due to a potential conflict of interest. Mr# McClellan showed the approved sewer route. He said they can't get an agreement with one of the neighbors and so have planned to reroute the line. He showed the new path proposed. Mr. Burgess noted there are no objections from staff or from the City Engineer. Mr. Toomey, a neighbor, had no problem with the changes but noted a neighbor had raised the issue of sewage backing up into his house because of the elevations of houses. He said that Mr. Milot had told them to alleviate the concern there should be a PLANNING CGti12,:ySSlON 23 MAY 1995 PAGE 5 "stogy;" in the system. Mr. Sheahan suggested a stipulation that this be looked into. Mr. St. Pierre said he has built a house that is subject to this sewer connection and is concerned with the delay as his house is to close this week. Mr. Weith noted that 2 street names would have to be changed which will require a new plat. Mr. Sheahan moved the Planning Commission approve the revised final plat application of L&M Partnership to amend an approved planned residential development consisting of 73 single family lots located on the east side of Spear Street. The amendment consists of relocating a portion of the proposed sewer line for the development, as depicted on a two page set of plans, page one entitled "NOWLAND TWO, South Burlington, Vermont, Sanitary Sewer Extension,"prepared by FitzPatrick-Llewellyn, Inc., dated April, 1995, last revised 4/19/95, with the following stipulations: 1. All previous approvals and stipulations which are not super- seded by this approval shall remain in effect. 2. The applicant shall submit for review and approval by the City Attorney the legal documents for the revised sewer easement. These legal documents shall be recorded in the land records prior to recording the final plat plans and prior to issuance of a zoning permit. 3. The final plat plans, which shall include a revised plan of the subdivision showing the revised street names, 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 Comm- ission Chair or Clerk prior to recording. 4. As expressly represented by the applicant, the applicant shall install sewer backflow preventers in the sewer services for properties in the vicinity of the new sewer if determined necessary by the City Engineer. Ms. Barone seconded. Motion passed unanimously. Mr. Crow rejoined the Commission. 6. Public Hearing: Preliminary plat application of Mary & Terry Shepherd to subdivide 1.47 acres of land containing a single family home into three lots of 29,856 sq. ft., 17,867 sq. ft., and 16,492 sq. ft., 131 Patchen Road: Messrs. ZaJ chowski and Brown showed the change in sewer and water line locations. CARL H. LISMAN ALLEN D. WEBSTER C.PA. MARY G. KIRKPATRICK E. WILLIAM LECKERLING DOUGLAS K. RILEY RICHARD W. KOZLOWSKI JUDITH L. DILLON Steven F. Stitzel, Esq. Stitzel & Page, P.C. 171 Battery Street, 2nd Floor Burlington, VT 05401 Dear Steve: LISMAN & LISMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P. 0. BOX 72B BURLINGTON. VERMONT 05402 802-864.5756 May 24, 1995 South Burlington: The Pinnacle at Spear TELECOPIER B02-664-3629 OFFICES IN FINANCIAL PLAZA AT 64 PINE STREET BURLINGTON. VERMONT LOUIS LISMAN BERNARD LISMAN COUNSEL In connection with this South Burlington subdivision, I am enclosing a proposed offer of dedication and easement deed from the Hausners with respect to the sewer line. Very t 1 yo S, Carl H. Lisman CHL/ddp Enclosures cc Mr. Gerald C. Milot - w/o copies Mr. Ray Belair - w/o copies 20014\010 /F6 L-n4 01, Memorandum - Planning May 23, 1995 agenda items May 19, 1995 Page 3 8.404 of the zoning regulations. The building envelope on proposed single family lot #1 on alternate C should be setback at least 30 feet from both streets. Lot size/frontage: It does not appear that the minimum lot size and frontage requirements are being met in either alternate B or C. The Planning Commission can waive such standards as part of PRD review. Park land swap: Alternate B and C would involve an equal land swap with the adjacent city park land. Since this land is a neighborhood park, the input from the neighborhood is important. Staff understands that the applicant has met with area residents. Other: 4) north arrow on alternate "B" and "C" plans is pointing in the wrong direction. a 20 foot easement should be reserved across a single family lot on Alternate C to access the neighborhood park. L&M PARTNERSHIP - RELOCATE SEWER LINE - REVISED FINAL PLAT This project consists of relocating the sewer line which connects a previously approved 73 lot subdivision (Nowland II) to the City's sewer system. The last amendment approved by Planning Commission was on 10/25/94 (minutes enclosed). This project is located on the easterly side of Spear Street in the vicinity of Deerfield Drive. It is bounded on the west by Spear Street and several single family residences, on the north, south and east by undeveloped property. This property is located within the Southeast Quadrant District. The sewer line approved by the Planning Commission proceeded south along the east side of Spear Street, crossed Spear Street and proceeded westerly for approximately 260 feet and then proceeded southerly across a residential lot to an existing sewer line in Whately Road. The applicant has not been able to obtain permission to cross the residential lot. The applicant proposes to proceed southerly along the west side of Spear Street after crossing the street for approximately 260 feet, then proceeding westerly across a residential lot to the sewer line in Whately Road. The portion of the sewer line located west of Spear Street which 3 Memorandum - May 23, 1995 May 19, 1995 Page 4 Planning agenda items runs in an east -west direction was installed last fall. The Public Works Superintendent has requested that this sewer line not be removed. The removal of this line would disturb the City's drainage line which runs parallel to this sewer line. The legal documents for the revised easement should be approved by the City Attorney and recorded in the land records. Also, the plans shall be revised prior to recording to correctly show the distinction between the existing property line and easement line. Street names: The applicant has requested that two (2) of the street names in the development be changed. A revised plat should be recorded showing the new names. 5) TERRY SHEPARD - 3 LOT SUBDIVISION - PRELIMINARY PLAT This project consists of the subdivision of a 1.47 acre lot with a single family dwelling into three (3) lots of 29,856 square feet (parcel A), 16,492 square feet (parcel #1) and 17,867 square feet (parcel #2). The sketch plan was reviewed on 4/4/95 (minutes enclosed). This property located at 131 Patchen Road lies within the R4 District. It is bounded on the west by a single family dwelling, on the north by Summer Woods residential development, on the east by Patchen Road and on the south by Jaycee Park. Access: The property access includes a 27 foot curb cut on Patchen Road serving the residence on parcel A and a 10 foot curb cut and 20 foot r.o.w. serving an existing residence on parcel B. No access changes proposed. The existing 20 foot r.o.w. would serve the two (2) new lots and the existing residence on parcel B. The 10 foot curb cut will be widened to 12 feet to meet the minimum driveway width requirement for residential driveways under Section 26.103(b) of the zoning regulations. The plan shows a 12 foot wide drive serving three (3) lots. The South Burlington Public/Private Roadway Policy requires that "all private roadways shall be a minimum width of 30 feet with parking and 24 feet without parking". The Planning Commission at sketch plan agreed that 12 feet would be adequate considering that the drive will serve only three (3) homes. 4 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: May 23, 1995 agenda items Date: May 19, 1995 TERRY SHEPARD - 131 PATCHEN ROAD 1. Sewer line serving lots 1 and 2 will be maintained by these lots and the easement will be to these lots. The easement deed shall define responsibility for this maintenance and repair. 2. Site plan dated 4/19/95 prepared by Vermont Land Surveyors is acceptable. PILLSBURY MANOR - WILLISTON ROAD The City's goal is to limit and combine curb cuts especially on high traffic streets like Williston Road. The original approval with the single curb cut should be maintained. HARBOR HEIGHTS DUPLEXES - BAYCREST DRIVE 1. Entrance drives shall include depressed concrete curbs. 2. Land originally designated for City Park is better suited for recreation use then the two swap options proposed. NOWLAND TWO - SPEAR STREET - (SEWER RELOCATION) The relocation of the sewer main as shown on plans dated April 1994 prepared by FitzPatrick-Llewellyn is acceptable. TRI-CARE INC. DAY CARE - 10 PATCHEN ROAD Site plan received May 8, 1995 is acceptable. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 19, 1995 Skip McClellan FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Sewer Line Modification, Nowland II Dear Mr. McClellan: ZONING ADMINISTRATOR 658-7958 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 Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, May 23, 1995 at 7:30 P.M. to represent your request. If you have any questions, JW/mcp Encls cc: John Larkin please give me a call. Inere1eith, Planner STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 STEVEN F. STITZEL PAT'I'l R. PAGE• MARK 13. WARD• DANIEL T. LEWBART (ALSO M-ITED IN N.Y.) Carl Lisman, Esq. Lisman & Lisman P.O. Box 728 Burlington, VT 05402-0728 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 August 29, 1995 Re: Gerald C. Milot and John P. Larkin - Nowland Two Hausner Easement and City Legal Documents Dear Carl: OF COUNSEL ARTHUR W.CERNOSIA ROBERT E.FLETCHER I am doing some work with Dan Lewbart of Stitzel & Page concerning the Nowland Two development in South Burlington. I am writing concerning the Hausner easement and City legal documents. The revised Hausner warranty deed has not been executed by the Hausners. Since August 21, 1995 was the deadline for recording the plan and warranty deed and Mr. and Mrs. Hausner are apparently away on vacation, the City recorded the warranty deed previously executed by the Hausners with the understanding that your clients will have the Hausners execute the revised warranty deed as a corrective deed. We have also examined the draft City legal documents (Second Notice of Conditions of Subdivision Approval, and the two Irrevocable Offers of Dedication for Roadways and Easements) and request certain changes. Hausner Easement. John E. and Bonnie L. Hausner and their mortgagee, The Merchants Bank, executed a warranty deed to City of South Burlington dated June 9, 1995. After reviewing the warranty deed for the City, Dan Lewbart requested several changes and a revised warranty deed was sent to Gerry Milot on July 21, 1995. Gerry Milot has not obtained the Hausners' signature on the revised warranty deed and as the August 21, 1995 deadline approached he found that the Hausners were away on vacation. The City agreed with Milot to record the June 9, 1995 warranty deed so that Milot could comply with the deadline, provided that Milot would follow up and have the revised deed executed by the Hausners and The Carl Lisman, Esq. Lisman & Lisman Page 2 August 29, 1995 Merchants Bank. Please add the following paragraph to the revised warranty deed: "This warranty deed is intended to supplement and correct a warranty deed from John E. Hausner and Bonnie L. Hausner to the City of South Burlington dated June 9, 1995 and recorded in Volume , page(s) of the City of South Burlington Land Records." Please call Dan Lewbart or me if you have any questions. City Legal Documents. We have reviewed the proposed Second Notice of Conditions of Subdivision Approval, Offer of Irrevocable Dedication and warranty deeds for roadways and Offer of Irrevocable Dedication and warranty deeds for utility easements and the pedestrian easement. We have also briefly examined the South Burlington Land Records. Before I discuss the documents individually, I have a few general requests - 1. The City legal documents should be executed by both Gerald C. Milot and John P. Larkin. Gerald C. Milot and John P. Larkin are the actual record owners of the property. The powers of attorney recorded in Volume 379, pages 31 and 32 are specifically limited to the sale of lots. Both Milot and Larkin should sign the City legal documents, or new powers of attorney authorizing the execution of the City legal documents should be prepared. 2. We will need partial releases of all mortgages, security interests, and liens encumbering the property or interests deeded to the City. A quick check of the land records reveals the following - a. Mortgage Deed from Gerald C. Milot and John P. Larkin to Rheal C. and Helen N. Gagnon dated July 8, 1990 and recorded in Volume 296, page 371. b. Mortgage Deed from Gerald C. Milot and John P. Larkin to Rheal C. and Helen N. Gagnon dated March 20, 1992 and recorded in Volume 322, page 190. C. Mortgage Deed from Gerald C. Milot and John P. Larkin to Gerald C. Milot and Marsha W. Milot dated July 23, 1993 and recorded in Volume 348, page 191. Carl Lisman, Esq. Lisman & Lisman Page 3 August 29, 1995 d. Mortgage Deed from the Larkin Milot Partnership to the Vermont Federal Bank, FSB, dated February 3, 1995 and recorded in Volume 373, page 238. e. Collateral Assignment of Licenses, Permits, Approvals and Contractors', Architects', and Engineers' Agreements and Work Product from the Larkin Milot Partnership to the Vermont Federal Bank, FSB, dated February 3, 1995 and recorded in Volume 373, page 243. Partial releases should be obtained for these and any other instruments encumbering the premises. Second Notice of Conditions of Subdivision Approval. a. Gerald C. Milot and John P. Larkin both must execute this document. b. This document supplements the Notice of Development Conditions dated November 5, 1993 and recorded in Volume 353, page 585. (A copy is enclosed.) The new document should be renamed "Second Notice of Development Conditions" and refer to the previous document. C. Paragraph 5(b) involves the community mailbox areas. There are two community mailbox areas with the second being depicted on sheet 9 of 27 recorded in Volume 286, page 119. d. Paragraphs 5(b) and 5(c) involve drainage ditches and drain collection systems. These are also shown on the plan, sheet 5 of 27, recorded in Volume 286, page 115. Please note that several of plans in the set forwarded to our offices are later revisions of the plans recorded in the Land Records. The plans forwarded to our offices depict the footing drains but the plans actually recorded in the Land Records do not. e. Paragraph 5(e) refers to a drainage easement. This easement crosses the westerly portion of Lots 6 and 7. It is not located westerly of the lots. Irrevocable Offer of Dedication and Warranty Deeds for Roadways a. Gerald C. Milot and John P. Larkin both must sign these documents. b. Releases of all mortgages, security interests, and liens must be obtained for these documents. Carl Lisman, Esq. Lisman & Lisman Page 4 August 29, 1995 C. I found a typographical mistake on page 1 - good and "valuable" consideration. d. The City wants the lands reserved for future roadways included in the Offer of Irrevocable Dedication. The future roadways include the northerly extension of Vale Drive and other roadways northerly and/or easterly of Vale Drive. The future roads should be set forth in a third warranty deed. The offer should indicate that the City may accept the future roads in whole or in part. If the City decides to accept the future roads in segments, Larkin and Milot agree to provide deeds for the actual segments being accepted. Irrevocable Offer of Dedication and Warrantv Deeds for Utilit Easements and Pedestrian Easement. a. Gerald C. Milot and John P. Larkin must both sign these documents. b. Releases of all mortgages, security interests, and liens must be obtained for these documents. C. I found two typographical mistakes on page 1. Paragraph 2 discusses easements for "utilities" and between paragraphs 4 and 5 - good and "valuable" consideration. d. The 10' utility easements (paragraphs (b) and (d) of Exhibit A) should be deleted. The 10' utility easements are for private utilities (electricity, telephones, natural gas lines, cable television, etc.) and should not be dedicated to the City. e. Please add the 20' utility easement crossing the southerly portion of Lot 52. f. Please refer only to the subdivision plans recorded in Volume 286, pages 111 and 112 in the descriptions of the 20' utility easements. The subdivision plans show all of the 20' utility easements and are much easier to read than the site and utilities plans. The site and utilities plans contain gaps and have been revised since being recorded. The subdivision plans forwarded to our offices are identical to those recorded in the Land Records. g. The descriptions of the 20' utility easements in Exhibit A and the warranty deeds are extremely confusing. I recommend describing the 20' utility easements as three separate easements - Carl Lisman, Esq. Lisman & Lisman Page 5 August 29, 1995 1. An easement over portions of Lots 46 and 47 extending from the sideline of Pinnacle Drive to Common Land Area B. 2. An easement over portions of Lots 42 and 41, Common Land Area B, and Lots 57 and 58 extending from the sideline of Pinnacle Drive to the sideline of Vale Drive. 3. An easement over portions of Lot 52 extending from Common Land Area B to the southwest corner of the intersection of Vale Drive and Deerfield Drive. The changes should be made on both Exhibit A and the warranty deeds. The descriptions of the 20' utility easements I have requested are general in nature. Please feel free to change the suggested language. h. Please revise the description of the pedestrian easement to indicate that it extends over portions of Common Land Area B between northerly sideline of Deerfield Drive and the northerly boundary of Common Land Area B. i. Please use the enclosed form Recreation Path Easement Deed in place of the warranty deed. Please call Dan Lewbart or me if you have any questions. Thank you for your assistance in this matter. Very truly yours, Qk' Neil Wheelwright NW/map Enclosures cc: Joseph Weith Raymond Belair SON1812.COR JUN 14 '95 12:03 CIT`, i S BURLINGTON P.1i2 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That JOHN E. HAUSNER and BONNIE L. HAUSNER, husband and wife, of South Burlington in the County of Chittenden and State of Vermont (together, the "Grantor"), in consideration of TEN AND MORE DOLLARS paid to the Grantor's full satisfaction by CITY OF SOUTH BURLINGrTON, a Vermont municipality having a place of business in South Burlington in the County of Chittenden and State of Vermont (together, if more than one, the "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the Grantee, and the heirs, successors and assigns of the Grantee forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: i Being a portion only of the lands and premises co eyed to John E. Hausner and Bonnie L. Hausner pursuant to a warranty deed !�dweOivtember 8, 1986, from Spear Street Housing Partnership, recorded in olume 218, Pa q -0 of the Land Records of the City of South Burlington, and more particularly described as follows: Being an easement, 20 feet in width, for the installation, constr tion, 0�eration, repair, maintenance and replacement of an underground sanita sewer, with piping and appurtenances, in the location depicted as "20' Utility .Ras ment" and is shown on a plan, being Sheet 1 of 2, entitled I _ uj 2�j v t<<h ALA Nowland TwoLwv�-� �✓ South Burlington Vermont Sanitary Sewer Extension / dated\�pril 199 prepared by Fitzpatrick-I.lewellyn Incorporated, recorded in Map / Volumeage of the Land Records of the City of South Burlington, jji,together with' ie right to enter on the lands of the servient estate for such purposes, JUN 14 '95 12:05 CI1 IF S BURLINGTON P.2/2 O'IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this kday of .Tune, 1995. TAT TAU MIOATOU nr`. STATE OF VERMONT CHITTENDEN COUNTY, SS. t this ��.day of rune, 1995, John E. Hausner and Donnie L. 1-Iausner personal l appeared, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed,., A Before me( .,r��..•� Zkll 1 Notary IN WITNESS WHEREOF, the undersigned has caused this deed t6 be executed this day of June, 1995. IN PRESENCE OF: THEAuriz Vr BY LS 4 Dulyd Agent STATE OF V.ER MONT CHITTENDEN COUNTY, SS. At this '�14 day of June, 1995, %� � � duly authorized agent of 'li-IE MEI2CILANTS BANIC personally �i p Y appeared, and he/she acknowledged this instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of THE MERCHANTS BANK. RUG-18-95 FR I 10 : 41 L I SHAN a }I SI1RN FAX NO. 80286, -h LISMAN Oc LISMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW I'. o. e0X 7PQ SUALINCTON. VERMONT 05402 CARL H. LISMAN ALLEN O. WEASTER C.P.A MARY C- KIRKPATRICK E. WILLIAM LECKERLING CPOUGLAJS K. RILEY RICHARD W. KOZLJOWSKI JUDITH L. DILLON Mr. Gerald C. Milot Larkin Milot Partnership P.O. Box 4193 Burlington, VT 05402 Dear Gerry: P. 02/04 002.004 77'34 TELECbr IER e02-e04-a15z9 10rrICC5 IN FINANCIAL t'LAXA AT 434 PINE BTRELT BURLINGTCIN- VERMONT LOUIS LISMAN ©ERNARD LISMAN COUNSEL July 21, 1995 Larkin Milot - smear Street/Hails cr Easement The City's lawyer has asked for manor changes to the deed already signed by Mr. and Mrs. Hausner and The Merchants hank. T11e deed, revised to incorporatC the changes, is enclosed. Will you see to execution and then return the document to me for forwarding to South Burlington? Very •ul cur -, Carl 1-1. Lisman CHL/ddp Enclosure 20014\010 AUG. 18 ' 95 (FRI) 10:26 COMMUNICATION No:94 PACF ') AUG-18-05 FR 1 l 0 : 41 L I SMAN L _� SMAN FAX NO. 80286 -. 10 P. 03/04 WARRANTY DEED it KNOW ALL MEN BY n-ICSE PRESENTS: That JOHN E. ITAUSN131Z and BONNIE L. I-iAUSNER, husband and wife, of South Burlington in the County of Chittenden and State of Vermont (together, the "Grantor"), in consideration of TEN AND MORE DQL.LA1tS paid to the Grantor's full satisfaction by CITY OF SOUT1'11 BURLINGTON, a Vermont municipality having a place of busuiess in South Burlington in the County of Chittenden and State of Vermont (together, if more than one, the "Grantee"), by these presents, du frecly 01VE, GRANT, SELL, CONVEY AND CONI'IRM unto the Grantee, and the heirs, successors and assigns of the Grantce forcvc;r, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Deing a portion only of the lands and promises conveyed to John E. Hausner and }ionic L, Hausncr pursuant to a warranty deed, dated September 8, 1986, train Spear Street Housing Partnership, recorded in Volume 218, Page 40 of the Land Record. of the City of South Burlington, and more particularly described as follows: Being an casement, 20 feet in width, for the installation, conslniction, operation, repair, maintenance and replacement of an underground sanitary sewer, with piping and appurtenances, in the location depicted as "20' Utility Easement to be Centered on As -Built Location" and is shown on a plan, being Sheet I of 2, entitled Nowland Two South Burlington Vermont Sanitary Sewer Extension dated April 1995, revised 6/13/95, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume , Pago of the Land Records of the City of South Burlingtun, together with the right to enter on the lands of the serviont estate for such purposes, provided that such entry shall be reasonably necessary to the purposes hereof and that any such premises shall be restored by the Grantee, its successors and assigns, to its condition prior to entry at no cost to the owner of the servient estate or the Grantor or their respective successors or assigns. Reference is hereby made to the afurcmenlioned instruments, the records thereof and the references therein in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privilege, and appurtenances thereof, to the said Grantee, and the heirs, successors and assigns of the Grantee, to their own use and behoof forever; And the Grantor, for themselves and their heirs, successor and assigns, does covenant with tho Grantee, and the heirs, successors and assigns of the Grantee, that until the en,ealing of these presents it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERT ENCUMBRANCE-; and that it hereby engages to WARRANT- AND DEFEND the same against atl lawful claims whatever, except as aforesaid. The, Merchants Dank joins in the execution of this instrument sololy to suborduute the lien of mortgages recorded In Volume 317, Page, 485 and Volume 329, Page 94 of the Land Records of the City of South Burlington. a AUG.18 •95 (FRI) 10:26 COMMUNICATION No:24 PAGE-3 AUG-18-95 FRI 10:42 LISMAN u tISMAN FAX NO. 8028b J29 P.04/04 IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of July, 1995. IN PRP_SCNCE OF: LS John R. Hausner LS Bonnic L Hausner STATE OF VERMON'T' CHITMNDEN COUNTY, SS. At this day of July, 1995, John E. I-Iausner and Bonnie L 11ausner personally appeared, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. Before me Notary Public IN WITNESS WI-IEREOF, the undersigned has caused this deed to be executed this day of July, 1995. IN PRESENCE OF: TI-IH MERCHANTS BANK BY IC Duly Authorized Agcnt STATE OF 'VERMONT CI-MTENDEN COUNTY, SS. At this day of July, 1995' duly authorized agent of TIXE MF.RC14ANTS BANK personally appeared, and he/she acknowledged this instrurent, by him/her sealed and subscribed, to be his/her free act and deed and t11c free act and deed of TIIE MERCI-LkNTS HANK. Before me Notary Public Freparcd by Lismall & Lisman, P.O. Box 728, Burlington, 'VT 05402 (802) 864-5756 04 \ 20014 \010\1 c pJ \o f I —we r. c h I 5 AUG. 18 ' 95 (FRI) 10:27 COMMUNICATION No:24 PAGE-4 Received. I VLIL1l" .3 VlC ll, 3 Y ' -pzy . R r 19_9. L a Records rol. 3 53_ on page-42Z:k=9.3 Of So. AttesLBm,�ngton Land Recor Vol. NOTICE OF DEVELOPMENT CONDITIONS Margaret A Picard, City Clerk P2 s 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 subdivision plat entitled "Nowland Two: Plat of Subdivision of Lands of Gerald C. Milot et al.", Sheets 1 of 2 and 2 of 2, signed October 11, 1993, and 2repared by Fitzpatrick -Llewellyn Incorporated, and recorded in Map Volume joat Pages A and a respectively; and WHEREAS, the final approval of the Planning Commission dated August 10, 1993 requires some of the specific conditions which will be 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 Planning 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 survey entitled "Nowland Two: Landscape & Lighting Plan", Drawing D-4501, dated November 1992, last revised October 5, 1993 and recorded in Map Volume Obat Page/ 0of the South Burlington City Land Map Records. Particular reference should be made to tree height limits and eligible species referred to in the notes of the survey. 2. Height Limitations. The Nowland Two planned residential development is in compliance with the Dorset Park View Protection Zone set forth in Article XXV, Section 25.40. Calculations of elevations and maximum height for each lot for ptructures 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 Utilities Plan" revised October 5, 1993, Drawings D-4383 through D-4388 and recorded in Map Volume aB(rat Pages and (LID 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 NOV 05 ' 93 15'-12 ''DAVEL RND SHEA E3022-658-1456 ..Vol. residences can be constructed on Lots 5, 6, 7, and 8 have been limited to budding envelopes located therein. Reference should be made to the survey entitled "Newland Two: Site and Utilities Plt�n", M4Othe D-43M last devised October 5, 1993 and recorded in Map Volume & at Page ( South Burlington City Land Map Records, which depicts the boundaries of the building omrolopm 4. C=Minfly MWUM AMA& The final approval of the Planning Commission includes a requirement to provide for two community mailbox areas. The first is adjacent to Pimiacle Drive and shall impose an easement imposed on Lot 49, the second is adjacent to Vail Drive and shall impo4e an easement on Lots 52 and 53. Reference is made to the aforementioned final sabdivision plat and to a survey entitled "Howland Two: Overall Site Plan" dated July, 1992, lest revised October 1, 1993 and recorded In Map Volumeag Page/2j 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. M s=II-gneMI%_ Reference should be made to the plat of Subdivision of Lands, Overall Site Plan, Landscape & Iighting Plan, and Site and Utilities Plans for identification of any further ememon* obligations, or restrictions which affect a particular lot within the Nowland Two PRD. Executed as of the date first above -mentioned. At Burlington, in said County and State, this 5th day of November, 1993, personally appeared Gerald C. MA and he acknow ed this instrument, by him signed, to be his free act and deed. Before mo, �� Q- Notary Pu My commission expires 2/10/95 .2- Vol; Page 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 a at Page (/E 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 subdivision plat and to a survey entitled "Nowland Two: Overall Site Plan" dat d July, 1992, last revised October 1, 1993 and recorded in Map Volumea�at Paged'tof 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 casement areas as well as all drainage ditches and ponds which serve the development. • 5. Miscellaneous. Reference should be made 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. ESENCE OF• OWNERS tness to & Gera l C. Milot tness as to GCM & JPL ohn 17. 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- VOL 3L>---5 Pagwais STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington, in said County and State, this 5th day of November, 1993, personally appeared Stephen R. Crampton, Attorney -in -Fact for John P. Larkin and he acknowledged this instrument, by him signed, to b free act and deed. Before m , - otary Public My commission expires 2/10/95 < <tnllotnot.bl I > > -3- NOWLAND TWO SUBDIVISION SPEAR STREET EXHIBIT A SOUTH BURLINGTON TABLE OF HEIGHT DETERMINATION FOR STRUCTURES AND LANDSCAPING WITHIN THE DORSET PARK VIEW PROTECTION ZONES IN ACCORDANCE WITH SOUTH BURLINGTON ZONING REGULATION: Article XXV, Sections 25.401 - 25.402 (Zone A), and 25.407 - 25.408 (Zone D) Column Designations 1. House lot number according to FitzPatrick-Llewellyn Incorporated Overall Site Plan, Project Number 92045, drawing number D-4382 2. Dorset Park View Protection Zone (VPZ), A or D (See South Burlington Zoning Regs) 3. Distance from Dorset Park VPZ baseline to center of house lot 4. Maximum elevation of structures and trees on house lot TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 1 A 5900 416.7 2 A 5900 416.7 3 A 5850 416.9 4 A 5850 416.9 5 D 5900 430.9 6 D 6000 430.8 7 D 6000 430.8 8 D 6100 430.7 9 D 5900 430.9 10 D 5850 430.9 11 D 5850 430.9 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Nowland Two SuL-.Vislon (Cont.) 15 � _e P5f�14' TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 12 D 5800 430.9 13 D 5800 430.9 14 D 5750 431.0 15 D 5720 431.0 16 A 5650 417.5 17 A 5650 417.5 18 A 5650 417.5 19 A 5600 417.6 20 A 5620 417.6 21 A 5500 417.9 22 A 5500 417.9 23 A 5500 417.9 24 D 5550 431.1 25 D 5550 431.1 26 D 5560 431.1 27 D 5600 431.1 28 D 5610 431.1 29 D 5650 431.0 30 D 5680 431.0 31 D 5720 431.0 32 D 5780 431.0 FITZPATRICK-LLEWE•LLYN INCORPORATED Engineering and Planning Services 0 0 Nowland Two Subdivis.,on (Cont.) TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 12 D 5800 430.9 13 D 5800 430.9 14 D 5750 431.0 15 D 5720 431.0 16 A 5650 417.5 17 A 5650 417.5 18 A 5650 417.5 19 A 5600 417.6 20 A 5620 417.6 21 A 5500 417.9 22 A 5500 417.9 23 A 5500 417.9 24 D 5550 431.1 25 D 5550 431.1 26 D 5560 431.1 27 D 5600 431.1 28 D 5610 431.1 29 D 5650 431.0 30 D 5680 431.0 31 D 5720 431.0 32 D 5780 431.0 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Vol. Pa 59� Nowland Two Subdivision (Cont.) TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 33 D 5680 431.0 34 D 5560 431.1 35 D 5520 431.2 36 D 5500 431.2 37 D 5460 431.2 38 D 5420 431.2 39 D 5400 431.2 40 D 5370 431.3 41 D 5350 431.3 42 A 5330 418.5 43 A 5300 418.6 44 A 5280 418.6 45 A 5300 418.6 46 A 5340 418.5 47 A 5420 418.2 48 A 5540 417.8 49 A 5660 417.5 50 A 5660 417.5 51 A 5660 417.5 52 A 4900 419.8 53 A 4900 419.8 54 A 4950 419.7 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Nowland Two Subdivi— on (Cont.) ,Wft:92M11at TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 55 A 4950 419.7 56 A 4970 419.6 57 A 5000 419.5 58 A 5000 419.5 59 D 5000 431.5 60 D 5000 431.5 61 D 5000 431.5 62 D 5000 431.5 63 D 4840 431.6 64 D 4740 431.7 65 D 4800 431.6 66 D 4800 431.6 67 A 4800 420.1 68 A 4800 420.1 69 A 4780 420.2 70 A 4750 420.3 71 A 4750 420.3 72 A 4730 420.3 73 A 4700 420.4 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services 0 END CAE DOCUMENT RECREATION PATH EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that the , a Vermont corporation with its principal place of business in South Burlington, Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, to it paid by the CITY OF SOUTH BURLINGTON, a municipal corporation existing under the laws of the State of Vermont, Grantee, hereby GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of constructing and maintaining a recreational pathway for public use over, on and through property in the City of South Burlington, County of Chittenden and State of Vermont, described as follows: A strip of land twenty feet (201) in width as depicted on a plan entitled " " and recorded in Map Volume , Page of the City of South Burlington Land Records. Said easement and right-of-way shall be used by the public as a recreational and bicycle pathway subject to the condition that no motorized traffic, including, but not limited to, motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this 1 FORM 0139 - REA easement and temporary construction easement shall be restored to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors, that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right-of- way five feet on each side of said permanent easement and right- of-way is hereby granted. Said temporary easement and right-of- way shall expire once construction is completed and the recreational pathway is open to the public. The within Grantor, its successors and assigns, shall have the right to make use of the surface of the right-of-way and easement such as shall not be inconsistent with the use of said right-of- way, but specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. Grantee acknowledges that M the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of this easement by the Grantee. Being a portion of the lands and premises conveyed to the within Grantor by Warranty Deed of dated and recorded in Volume Page of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for itself and its successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, 2 that the Grantor has good right and title to sell and convey the rights as aforesaid and that Grantor, and its successor and assigns shall warrant and Defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, hereunto sets its hands and seals this day of , 19 IN PRESENCE OF: By: duly authorized agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of , 19_, personally appeared duly authorized agent of the signer and sealer of the foregoing written instrument, and acknowledged the same to be his/her free act and deed and the free act and deed of the Before me, Notary Public FORM0139.rea PLANNER 658-7955 Gary Farrell 1350 Spear Street South Burlington, Dear Mr. Farrell: City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 Vermont 05403 October 6, 1993 ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of a Notice of Appeal with regards to the Nowland II 73 Unit planned residential development on Spear Street. If you have any questions, 1 Encl JW/mcp please giv me a call. i cerely, (CIr- J e Weith, City Planner PLANNER 658.7955 Margareta Dencker 1430 Spear Street South Burlington, Dear Ms. Dencker: City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 Vermont 05403 October 6, 1993 ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of a Notice of Appeal with regards to the Nowland II 73 Unit planned residential development on Spear Street. If you have any questions, 1 Encl JW/mcp please give me a call. S ere , J e Weith, C ty Planner City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1993 William & Jane Ready 1680 Spear Street South Burlington, Vermont 05403 Dear Mr. & Mrs. Ready: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of a Notice of Appeal with regards to the Nowland II 73 Unit planned residential development on Spear Street. If you have any questions, 1 Encl JW/mcp please give me a call. n er ley, r r Jo Weith, Ci y Planner City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1993 Douglas Meredith 1500 Spear Street South Burlington, Vermont 05403 Dear Mr. Meredith: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of a Notice of Appeal with regards to the Nowland II 73 Unit planned residential development on Spear Street. If you have any questions, please give me a call. S'n erely, Jo Weith, Ci y Planner 1 Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1993 Franklin Lamoille Bank c/o Gordon C. Gebauer, Esquire P.O. Box 1505 Burlington, Vermont 05402 Dear Mr. Gebauer: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of a Notice of Appeal with regards to the Nowland II 73 Unit planned residential development on Spear Street. If you have any questions, please 1 Encl JW/mcp give me a call. in ere, Jo Weith,' City Planner PLANNER 658-7955 William Schroeder, P.O. Box 190 Burlington, Vermont Dear Mr. Schroeder: City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 Esquire 05402 October 6, 1993 ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of a Notice of Appeal with regards to the Nowland II 73 Unit planned residential development on Spear Street. If you have any questions, please give me a call. S' c rely, Joe Weith, Cit+ Planner 1 Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1993 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, Vermont 05453 Dear Sir/Madame: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of a Notice of Appeal with regards to the Nowland II 73 Unit planned residential development on Spear Street. If you have any questions, please give me a call. n erely, Jo Weith, Ci y Planner 1 Encl JW/mcp GRAVEL AND SHEA ATTORNEYS AT LAW CHARLES T. SHEA 76 $TPAUL STREET AREA CODE 802 STEPHEN R. CRAMPTON . TELEPHONE 658-0220 STEWART H. MCCONAUGHY POST OFFICE BOX 369 ROBERT B. HEMLEY FAX 658-1456 WILLIAM G. POST, JR BURLINGTON, VERMONT 05402-0369 CRAIG WEATHERLY CLARKE A. GRAVEL JAMES E. KNAPP COUNSEL JOHN R. PONSETTO DENNIS R. PEARSON NORMAN WILLIAMS PETER S. ERLY SPECIAL COUNSEL R08ERi F. O'NE[LL MARGARET L. MONTGOMERY LUCY T. BROWN DAVID R. PUTNAM September 1, 1993 John Collins, Chair District Environmental Commission #4 111 West Street Essex Junction, IV. 05452 Re: Larkin Milot Partnership Application #4C0492 Dear Mr. Collins: It is not clear to me whether Mr. Cimonetti's letter of August 30, 1993 is a capitulation in the face of your requirements and is a termination of his efforts to obtain party status, or whether his claims are in furtherance of his request for party status. Accordingly, should the latter be true, we would respond to his letter as follows: 1. His statement that he is a "graduate engineer" sheds no light on his qualifications. In fact, I am advised that his degree is in mechanical engineering. There has been no information submitted which would explain any alleged linkage between his educational background and an expertise relative to traffic matters. He has not qualified himself as an expert witness. 2. We acknowledge his mantra concerning devotion to public service. We reject any claim or inference that his service provides any basis for admission as a party under Rule 14(A) or (13)(1)(a) or (b) relative to the issues before this Commission concerning Criterion #5. Nor does it elevate his status above other members of the general public. 3. None of the alleged knowledge or responsibilities touted by Mr. Cimonetti in his last paragraph have any bearing or advance any basis for justifying party status under Criterion 5. It is noted there is no evidence Mr. Cimonetti is acting in accordance with an approved resolution of any of the entities he serves on or with which he is associated. 4. The prehearing conference report and order specifically required Mr. Cimonetti to submit a witness list and a brief summary of the testimony of each witness. He has done neither. GRAVEL AND SHEA John Collins, Chair September 1, 1993 Page 2 For the above reasons, Applicant Larkin Milot Partnership renews its opposition to the request for party status under Criterion 5 by William J. Cimonetti. Cordially, SRC:wba dD SHEA '�V 4—n Cramp+.o:I Certificate of Service I hereby certify that I, Stephen R. Crampton, Attorney for Larkin Milot Partnership, sent a copy of the foregoing Letter to John Collins, Chair by U.S. Mail, postage prepaid, or by hand delivery on this 1st day of September, 1993, to the following: Mr. Gerald C. Milot 600 Corporate Plaza P0Box 4193 Burlington, VT 05402 Mr. John Larkin 410 Shelburne Road South Burlington, VT 05403 John A. Steele Fitzpatrick -Llewellyn Inc. One Wentworth Drive Williston, VT 05495 Selectboard, City of South Burlington Chair, City Planning Commission 575 Dorset Street South Burlington, VT 05403 Arthur Hogan, Jr. Chittenden County Regional Planning Commission P O Box 108 Essex Junction, VT 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main Street Waterbury, VT 05673 Gary Farrell Sheraton Burlington Conference Center 870 Williston Road South Burlington, VT 05403 Sandra Leonard P O Box 64896 Burlington, VT 05402 RAVEL AND SHEA .TTORNEYS AT LAW P. O. Box 369 'LINGTON. VERMONT 05402-0369 FOR INFORMATION ONLY Bill Cimonetti 1393 Spear Street South Burlington, VT 05403 Dated at Burlington, Vermont this 1st day of September, 1993. by: < <milcert> > RAVEL AND SHEA .TTORNEYS AT LAW P. O. Box 369 UNGTON. VERSIONT 05402-0369 Gravel and Shea Attorneys for Larkin Milot Partnership E William ,1. Cimonetti 1393 Spear Street South Burlington, VT 05403 (802)863-4905 August 30, 1993 John Collins Chair District Environmental Commission #4 p 1g93 111 West Street , Essex Junction, VT 05452 _ u Re: your Prehearing Conference Report and Order on application #4C0942. You have ruled that there was insufficient information to determine whether I have a valid request for party status. I am a graduate engineer. I am now and have been for 17 years a resident at 1393 Spear Street in South Burlington, a property very near the proposed development, and located on the only street which the proposed development will access. I first established residency in South Burlington in 1963. I am an elected official of the municipality, a member of the South Burlington City Council, and as such represent as my constituents all of the citizens of that city. I first served on that Council in 1973, and have served continuously since 1987. I am an elected member of the State of Vermont General Assembly, having served continuously since 1991. I am the Vice Chair of the House Committee on Transportation. It strikes me that my credentials to offer the Commission first hand, studied, detailed, and knowledgeable testimony on the likely impacts of the proposed development upon traffic may, in fact, be greater than those of a Florida resident developer, or a New Hampshire based consultant. But you stated that my proposed testimony might be "hearsay", and as such "would be disregarded by the Commission". Act 250 of the Vermont General Assembly created a body of law in the Vermont Statutes Annotated which many of us respect and defend. Inconsiderate application of the rules and procedures which have evolved under that body of law makes a growing number of us feel that it is not Act 250, but the bureaucratic administration of the process that has gone awry. You have ruled that a long time neighbor of the proposed development, a neighbor with technical training and experience, a neighbor with substantial knowledge of the infrastructure of the City, a neighbor with substantial knowledge of the City master plan, a neighbor with substantial knowledge of the Vermont Agency of Transportation planning process, a neighbor with personal responsibility to all of the citizens of the City as an elected Councilor, and to all of the citizens of District 7-8, as the sole elected Representative from that legislative district in which the proposed development lies, may not have made a valid request for party status. I think you have short-changed the citizens. IIaam sorry that I will not be a participant in the hearing cc Larkin Mi(ot Partnership, c/o District Environmental Commission 94 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 30, 1993 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Nowland II PRD, Spear Street Dear Mr. Steele: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the August 10, 1993 Planning Commission meeting minutes. Please note the conditions of approval and the requirement that the final plat plans be recorded in the land records within 90 days of the approval. If you have any questions, 1 Encl JW/mcp cc: Gerald Milot John Larkin please give me a call. S i c le Jo Weith, Ci y Planner 1/1611 k1- CY 8/9/93 MOTION OF APPROVAL NOWLAND TWO I move the South Burlington Planning Commission approve the Final Plat application of Larkin-Milot Partnership for a planned residential development consisting of 73 single-family lots on 66.7 acres of land located on the east side of Spear Street opposite Deerfield Drive as depicted on a plat entitled, "Nowland Two, Subdivision Plat," dated 7/92 and last revised 7/28/93, and a 28 page set of plans, page one entitled "Nowland Two, South Burlington, Vermont", dated October, 1992 (stamped "received" 7/30/93), prepared by Fitzpatrick -Llewellyn, Inc., with the following stipulations: 1. Any previous approvals and stipulations affecting the subject property which are not superseded by this approval shall remain in effect. 2. In accordance with section 26.602 of the South Burlington Zoning Regulations, the Planning Commission approves the creation of lots for development upon land designated as "restricted area" on the Southeast Quadrant Official Zoning Map. It is the commission's opinion that based on the information submitted by the applicant the proposed development will not adversely affect wetlands on the property. Also, it is the Commission's opinion that the goals for maintaining an open space corridor along the north -south arterial roadways in the Southeast Quadrant will be promoted through the establishment of building envelopes on lots 5 through 8. The allowance of buildings in this manner is compatible with adjacent development along Spear Street. Finally, the Planning Commission supports moving the r.o.w. for a future north -south collector road to the east as proposed so as not to impact the wetland area. 3. The Commission approves the 1100 foot long cul-de-sac street serving lots 52 - 73. It is the Commission's opinion that the 1100 foot length will not result in unsafe or inefficient traffic conditions particularly since r.o.w.'s are being reserved for roadway connections to future developments on adjoining parcels. 4. In order for the Commission to find that the proposed development will not cause unreasonable highway congestion or unsafe conditions with respect of use of the highways, the applicant shall be responsible for the following: a) The applicant shall construct the southbound left turn lanes at each project access on Spear Street (sheets 5 and 7) prior to issuance of a zoning/building permit for the 38th lot. b) The applicant shall construct the improvements to the Spear Street/Swift Street intersection, as shown on the plan entitled "Spear Street/Swift Street Intersection Improvements" dated 5/93, prior to the issuance of a zoning/building permit for the construction of any residential structures. c) Prior to issuance of any zoning/building permits for this development, the applicant shall post a bond to cover the costs of constructing the improvements referenced in a) and b) above. This bond or bonds shall remain in effect until such time as the improvements are constructed. d) Prior to issuance of any zoning/building permits for this development, the applicant shall be responsible for retiming the signal phasing at the Spear Street/Swift Street intersection as recommended in the traffic analysis submitted by the applicant. 5. The Planning Commission grants a credit of $300 per lot for construction of the portion of the proposed recreation path located outside of the public street right-of-way. This credit may be applied toward required recreation fees. At time of application for a zoning/building permit, the applicant shall pay the difference between the recreation impact fee and the $300 per lot credit. 6. The developer shall be required to install two (2) trees on each lot as required in Section 19.104(a) of the South Burlington Zoning Regulations. A "Notice of Condition" addressing this requirement shall be recorded in the South Burlington land records prior to recording the final plat plans. 7. Prior to issuance of any zoning/building permits, the applicant shall post a $130,366 landscape bond for proposed street and common area trees, and a $65,335 bond for proposed lot trees. The bonds shall remain if effect for three (3) years to assure that the planted landscaping has taken root and has a good chance of surviving. 8. Legal documents for all public streets (i.e., irrevocable offer of dedication) and easements (e.g., utility easements and recreation path easements) 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/building permits. 9. A "Notice of Condition" addressing the height limitations for structures and landscaping on each lot shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to recording the final plat plans. 10. In accordance with section 301.5 of the subdivision regulations, within 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 drawings certified by a registered engineer. 11. A "Notice of Condition" addressing the building envelopes on lots #5 - 8 and purpose and restrictions thereof shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to recording the final plat plans. 12. Prior to recording the final plat plans, the plans shall be revised to show the following: a) the survey plat shall show survey data for the recreation path easement and the utility easement between lots 41-42 and 57-58. b) lot numbers shall be correctly shown on sheet 2. c) the plans shall show a 20 foot drainage easement for the proposed drainage pipe on the Ratkus property west of Spear Street. This easement shall be included in the required legal documents. 13. A bond for streets, sidewalks, recreation paths, sewer and water shall be posted prior to issuance of a zoning/building permit. The amount of the bond shall be approved by the City Engineer. 14. No zoning/building permit will be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 15. The commission approves a total sewer allocation of 46,957 gpd for this development. The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The roadways serving this development shall be completed within four (4) years of final plat approval. The sewer allocation for any lots served by roadways which are not completed within this four (4) year time limit shall be lost unless reapproved by the Planning Commission. In addition, if at the end of three years no more than 50% of the roads have been completed, 25% of the total sewer allocation shall be lost unless reapproved by the Planning Commission. 16. No zoning/building permit will be issued for construction of any dwelling unit within this development until after the City adopts an education impact fee ordinance or September 1, 1993, whichever first occurs. This condition is being imposed to provide the school district a reasonable period of time to complete development of an impact fee ordinance and present the ordinance to the South Burlington City Council for adoption. No zoning/building permits shall be issued after the adoption of such an impact fee until that impact fee has been paid. 17. A "Notice of Condition" shall be recorded in the land records prior to recording the final plat plans which addresses the requirement of the homeowner's association to maintain the community mailbox area and all drainage ditches. 18. The final plat plans, including survey plat, shall be recorded in the South Burlington 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. 19. As provided in section 605 of the South Burlington Subdivision Regulations, if no action is taken to construct substantially the proposed subdivision within three years, said approval shall become null and void. (mo-ml) le e Ol4 K e,�4 �7 INTERNAL MEDICINE Peter D. Alden, M.D. Martha A. Davitt, M.D. Jonathan B. Hayden, M.D. Thomas W. Martenis, M.D. Patricia J. O'Brien, M.D. Mildred A. Reardon, M.D. Michael J. Scollins, M.D. Elizabeth A. Seward, M.D. May 24, 1993 Aesculapius Medical Center ONE TIMBER LANE SOUTH BURLINGTON, VERMONT 05403-7299 TELEPHONE: 802 — 658-4714 Mr. Joseph Weith City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Joe: Thanks very much for your May 6, 1993 response to my inquiry about placement of the proposed recreation path in the Nowland II Subdivision. The site plan indicates that the proposed recreation path courses along the wetland, between the two housing clusters. In the seventeen years that I have lived in this area, and probably for many years before that, the top of the ridge, corresponding to the Eastern edge of the subdivision, has been used by many South Burlington citizens for walking, mountain biking, and cross country skiing. It is this location that affords the best views of the Adirondacks and of the Green Mountains. Many people in my neighborhood as well as some other South Burlington residents have expressed concern about the proposed path location, and wonder if it would not be possible to position the path along the easterly edge of the property, where it seems to logically belong. Thanks very much for your consideration in this matter. Sincerely, Michael J. Scollins, M.D. 214 Meadowood Drive South Burlington, Vermont 05403 C: Chris Cavin 69 Brewer Parkway South Burlington, MJS:sam Vermont 05403 Districts #1 & #8 RR #2, Box 216_ Pittsford, `v'T 05,1,3 (802) 483-6022 Districts #2 & #3 RR #1, Box 33 N. Springfield, VT 05150 (802) 886-2215 Districts #4, #6 & #9 111 West Street Essex Junction, VT 05452 (802) 879-6563 M E M O R A N D U M STATE OF VERMONT Environmental Board District Environmental Commission TO: All Parties FROM: Louis Borie k3 District #4 Coordinator DATE: October 22, 1993 District #5 324 North Main Street Barre, VT 05641 (802) 479-3621 ❑ District #7 184 Portland Street St. Johnsbury, VT 05819 (802) 748-8787 Environmental Board Office 120 State Street Montpelier, VT 05620-3201 (802) 828-3309 SUBJECT: #4C0942, Larkin-Milot Partnership, South Burlington Attached is a decision from the District #4 Commission regard,_„ the application of Larkin-Milot Partnership for the subdivision of a 66.7 acre parcel of land into 73 residential lots and foi'x common land lots and the construction of 7,000 linear feet of roadway and associated utilities. The project is located on Spear Street in the City of South Burlington, Vermont. The decision is a denial of the project under Criteria 1(B), 2,. and 9(B). The primary reason for the denial is under Criterion 9(B) - Primary Agricultural Soils. The Commission found that the project will result in a significant reduction of the agricultural potential of the primary agricultural soils on the site. The project was also denied under Criterion l(B), based on the lack of a Subdivision Permit for the project, and under Criterion 2, based on the lack of a Public Water System Permit to Construct. The applicant has applied for these permits and it is anticipated that these permits will be issued in the near future. Pursuant to Board Rule 40, the applicant has 30 days from the date of the decision to appeal to the Environmental Board. The applicant may also file for a reconsideration of the decision within 6 months, pursuant to Board Rule 38. In STATE OF VERMONT ENVIRONMENTAL BOARD i DISTRICT ENVIRONMENTAL COMMISSION #4 �I is i�RE: Larkin Milot Partnership Application_#4C0942 410 Shelburne Road Findings of Fact and j; South Burlington, VT 05403 Conclusions, of and Order 10 V.S.A., Chapter 151 (Act 250) jI. INTRODUCTION ';On July 30, 1993, an application for an Act 250 permit was filed � iby Larkin Milot Partnership for a project generally de:.sC' w.;�. ed as lithe subdivision of a 66.7 acre parcel of land into 73 re.<,A:.denPJal ? jlots and four common land lots and the construction of ;;linear feet of roadway and associated utilities. The pr(-,-� ect if. located on Spear Street in the City of South Burlington, Vermont. The tract of land consists of 66.7 acres with 66.7 ac--kes :involv�ra in the project area. The applicant's legal interest: is clwnerslh.ip ;in fee simple described in a deed recorded on M< rcllh '!.the land records of the City of South Burlington, VF.a_`wk.b!L !Under Act 250, projects are reviewed based on tie 10 V.S.A., Section 6086(a) 1-10. Before granting a permi� . ie", District Commission must find that the project complies with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of Findings of Fact and Conclusions of Law. The facts we have relied upon are contained ,in the documents on file identified as Exhibits #1 through #83, ,and the evidence received at a hearing held on September 1, 1993. At the end of the hearing, the proceeding was recessed submission of additional information. The hearing was adjourned on October 21, 1993 upon receipt of the additional information and completion of Commission deliberations. Parties to this application who attended the hearing are: 1. The Applicant by Gerald Milot, John Steele, and Steve Crampton, Esq. 2. The Chittenden County Regional Planning Commission, by Herb Durfee. The following adjoining property owners were admitted as parties under the criteria indicated: Findings of Fact and Conclusions of Law and Order #4C0942 Page 2 j3. Gary Farrell, Sheraton Burlington Conference Center, 870 ? Williston Road, South Burlington, VT 05403; Criteria 1(G) and 5. The following persons were admitted as parties under the Criteria indicated, pursuant to Board Rule 14(B)(1)(a): 4. Sandra Leonard, P.O. Box 64896, Burlington, VT 05406; Criteria 1(B)/4. Victor and Ann Ratkus, 64 Laurel Hill Drive, South Burlington, VT 05403; Criteria 1(B) and 4; Criterion 8 - Aesthetics denied. i ItAt the prehearing conference on August 23, 1993, William ,Cimonetti, 1393 Spear Street, South Burlington, VT 05403, applied for party status under Criterion 5 pursuant to Environmental Board Rule 14(A) and (B). The Chair ruled that there was nsuf f i cient information to determine whether Mr. Cimonet-L. "i � fivalid request for party status. Therefore, the Chair gave Mrs. a{Cimonetti the opportunity to submit to the Commission and the ;,applicant a proposed witness list and a brief summary of the !testimony of each witness. iimr. Cimonetti submitted a letter to the Commission on August 30, 1993. The letter did not contain a proposed witness list or a ummary of the testimony of any witnesses. Based on the failure of Mr. Cimonetti to comply with the submission requirements, the District Commission denied Mr. Cimonetti's request for pa:i.-I;Y status. The Entry of Appearance and Pre -Hearing Comments filed by Kurt !Janson, Land Use Attorney, of the Agency of Natural Resources were entered into the record by agreement of the parties. II. FINDINGS OF FACT Prior to taking evidence with regard to the 10 criteria of 10 V.S.A. Section 6068(a), the parties agreed that the Applicant had met its burden with respect to Criteria 1(Air), 1(A), 1(C-LLF), 9(A), 9(C-E), 9(G-J), 9(L), and 10 by introducing the application into the record. Parties, therefore, waived the taking of evidence at the hearing concerning these criteria. In making the following findings, the Commission has summarized the statutory language of the 10 criteria of 10 V.S.A., Section 6086(a): ,Findings of Fact and Conclusions of Law and Order #4C0942 Page 3 !SECTION 6086 (a) (1) WATER AND AIR POLLUTION: !The Commission finds that this project will result in undue air or water pollution. I 18ECTION 6086(a)(1) AIR POLLUTION: i 4The Commission finds that this project will not: result in undue fair pollution. j +BECTION 6086(a)(1)(A) HEADWATERS: iT'he Commission finds that this project is not loci < I (headwaters area as defined by this section becaas(', t'lot, Iisituated in a drainage area of 20 miles or less, ` w the ! !jelevation of 1,500 feet, is not in the watersh7(--c (;water supply, and is not in an aquifer rechz:._} ''SECTION 6086 (a) (1) (B) WASTE DISPOSAL: -The Commission finds that this project jDivision of Protection Regulations and !?injection of waste materials or harmful ,,,groundwater or wells. k will not inert appl7-able will rc--L�U'J or toxic substances into i i1. The estimated 46,947 gallons per day of san.:i.r .?r �,ia M 4. be disposed of through connection to the Bartlet_ts iiay wastewater treatment plant. The applicant has app:l.a.ed, fora. Subdivision Permit, but the permit has not been issued. Therefore the Commission can not make a positive finding under this criterion. The site is flat to gently sloping and the sails are Covington and Vergennes series. Stormwater runoff from the roadways and drives will be directed into catch basins designed to remove floatable and settleable solids and from thereinto one of four stormwater detention ponds. Two of the stormwater ponds discharge into a wetland on the site. The other two ponds discharge to existing stormwater drainage ways along Spear Street. The Homeowners Association will be responsible for maintaining the stormwater detention ponds. A portion of the stormwater will flow into an existing swale on the west side of Spear Street. The swale is on property ;Findings of Fact and Conclusions of Law and Order �#k4C0942 Paae 4 0 owned by Sandra Leonard. The swale overflows periodically, particularly in the spring during snow melt. The proposed development will increase the peak stormwater flow to the Leonard swale by a de minimis amount. Testimony of applicant The applicant will install a sewer main under the Leonard swale to carry wastewater from the project. Following the installation, the applicant will reshape the Leonard swale so that it can carry more water and its edges are more clearly defined. 7. A portion of the stormwater from the proposed development. will flow into a culvert under Spear Street, eventual,i discharging to an outlet located partially on property cwne�,', by Victor and Ann Ratkus. flP 9. The proposed development will decrease the peak stormwater flow to the outlet on the Ratkus land by 21 percent. The total volume of water to be discharged at this point will increase. The applicant has applied for a stormwater from the Department of Environmental Conservation, but this permit has not been issued. Therefore, the Commission can not make a positive finding under this criterion. 10. The Commission will require that all stumps be di�posed of on -site above the seasonal high water table or at a State approved landfill so as to prevent groundwater pollution. SECTION 6086(a)(1)(C) WATER CONSERVATION: The Commission finds that the project utilizes the best available technology for water conservation. SECTION 6086(a)(1)(D) FLOODWAYS: The Commission finds that this project will not be located in any floodway or floodway fringe. SECTION 6086 (a)(1)(E) STREAMS The Commission finds that the small stream which bisects the site will be maintained in its natural condition. • 1 / �1 Findings of Fact and Conclusions of Law and Order #4C0942 Page 5 `SECTION 6086(a)(1)(F) SHORELINES: The Commission finds that this project will not be located on any Shoreline. ,l (.SECTION 6086(a) (1) (G) WETLANDS: 1jThe Commission finds that the project will not violate the rules Iiof the Water Resources Board relating to significant wetlands. fill. A 5.5 acre Class II wetland bisects the site in a north - south direction. The project has been designed to minimize I� any impacts to the wetland and the 50 foot buffer around the wetland. j12. The applicant has applied for a Conditional Use Determination from the Wetlands Office of the Agency of I Natural Resources for the road and utility line crossings of j( the wetland. If the Commission were to issue a permit for (I this project it would include a condition prohibiting any disturbance to the Class II wetland until such time as the Conditional Use Determination has been issued. I1SECTION 6086(a)(2 & 3) WATER AVAILABILITY AND IMPACT ON EXISTING iSUPPLY : The Commission can not find that there is sufficient water available to meet the needs of this project. The Commission i ''finds that the project will not place an unreasonable burden on !an existing supply. 13. This project will utilize 43,800 gallons per day of water. The Commission accepts the letters from the Champlain Water District and the South Burlington Water Department (Exhibits #19 and #20) as evidence that there is sufficient water available and that the project will not restrict or encumber present users. 14. The applicant has applied for a Public Water System Permit to Construct from the Water Supply Division, Agency of Natural Resources, authorizing the construction of the water main extension to serve the project. This permit has not been issued. Therefore, the Commission can not make a positive finding under Criterion 2. 'Findings of Fact and Conclusions � of Law and Order 1#4C0942 iPage 6 SECTION 6086 (a)(4) SOIL EROSION AND THE CAPACITY OF THE LAND TO OLD WATER: che Commission finds that the construction of the project, if ompleted as approved, will not cause unreasonable soil erosion r a reduction in the capacity of the land to hold water. �15. The project site is flat to gently sloping and predominantly open. 116. Temporary measures for soil erosion control are depicted on Exhibits #38 - #63. They consist of the placement of sediment control devices such as hay bale dams and silt fences at the downslope of all disturbed areas and at the inlet to all swales, storm drains, and ditches, as shown on the plans. All stockpiled soil will be encircled with a sediment control device. Where the invert of new swales or ditches exceeds 2% slope, and where slope grade exceeds 2:1, matting or netting shall be installed until vegetation is permanently established. Stabilized construction entrances will be installed and maintained at the two entrances to the project. After every storm sediment control devices will be inspected for failure or clogging. �!17. The stormwater detention ponds will function as sedimentation basins during construction. The applicant will be responsible for maintaining the detention/sedimentation ponds during construction. 18. The erosion control plan incorporates measures to control movement of water -borne sediments during the winter months in accordance with the recommendations outlined in the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites. 19. Permanent erosion controls consist of vegetation or pavement covering all disturbed areas. SECTION (a)(5) TRANSPORTATION: The Commission finds that this project will not cause unreasonable congestion or unsafe conditions with respect to transportation. 20. Sight distances at the access of the two new roads onto Spear Street are adequate in both directions. The estimated traffic from the project is 772 vehicle trips per day and 81 PM peak hour trips. Exhibit 32 Findings of Law 1#4C0942 !Pace 7 of Fact and Conclusions and Order 1. The applicant will install geometric improvements at each of the two project entrances off Spear Street. The improvements include left turn lanes and pavement widening at both intersections. Exhibit 78 - 83 2. The applicant will also install a right turn lane for northbound traffic at the Swift Street/Spear Street intersection. Exhibits 78 - 83 3. With the above -referenced geometric improvements in place, the Level of Service at the Swift Street/Spear Street intersection in 1998, assuming full build out of the project, will be "C". Exhibit 32 124. Levels of Service at the two new project access roads will be "D" or better in 1998 with full build out of the project, with the exception of the Deerfield Drive Eastbound left turn movement, which will operate at Level of Service "E". Exhibit 32 25. The two parking spaces per lot are adequate for the demands {{ of the project. I� I (SECTION 6086(a)(6 & 7) EDUCATIONAL AND MUNICIPAL SERVICES: The Commission finds that this project will not place an i!unreasonable burden on the ability of the municipality to provide ,;educational, municipal or governmental services. ;26. The South Burlington Superintendent of Schools estimates that 36.5 school -age children will be added to the local school system as a result of this project. The Superintendent has indicated that these additional students will unduly burden the school system, but that this burden may be mitigated by the payment of a school impact fee of $750 per residence (Exhibit #25). The applicant has agreed to comply with all local impact fee ordinances. 27. The South Burlington Fire Chief and Police Chief have stated that the services of their respective departments can be provided to this project. (Exhibits #22 and #23) 28. The Applicant will construct the public roads and all utilities to town specifications. Findings of Fact and Conclusions of Law and Order #4C0942 Page 8 SECTION 6086 (a)(8) AESTHETICS, SCENIC BEAUTY, HISTORIC SITES AND NATURAL AREAS: I The Commission finds that the project will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas. 29. There are no historic sites or rare and irreplaceable natural areas which will.be affected by this project. (Exhibits #11 and #12) IC30. The project will be landscaped as outlined on Exhibit #63, Street trees will be planted 60 feet apart on both :_?pep o � the new roadways. In addition, two trees will be planted on the front of each lot. �131. Exterior street lighting will consist of 100 watt lhirTh Ipressure sodium cutoff luminaires mounted which will be installed as depicted on Exb _ ;:, . C[... j I! fixtures will have concealed light sources:. H32. The project falls within the City's "Dorset Park View i Protection Zone" (VPZ) . Tree plantings and of structures to be built on the site will t::unY.F,iy xc. x the j specifications of the VPZ. Exhibit 63 133. The homes to be constructed will vary in arcbit-.ectur.-: style and include many of the same building mate:tJ.aIs -a-no ors used in other residential developments along Spear Street. 34. No signs are proposed except standard street signs. SECTION 6086(a)(8)(a) NECESSARY WILDLIFE HABITAT AND ENDANGERED SPECIES: The Commission finds that this project will not destroy or significantly imperil necessary wildlife habitat or any endangered species. 35. There are no endangered species or areas of necessary wildlife habitat which will be affected by this project. Findings of Fact and Conclusions of Law and Order I 14C0942 Page 9 I i DECTION 6086 (a)(9) CONFORMANCE WITH THE CAPABILITY AND EVELOPMENT PLAN: I !The Commission finds that this project does not conform to the capability and development plan. iSECTION 6086(a)(9)(A) IMPACT OF GROWTH: ,The Commission finds that the municipality will be able to !accommodate the total growth and rate of growth that will result from this project. !SECTION 6086(a)(9)(B) PRIMARY AGRICULTURAL SOILS: The Commission finds that the project will result in a significant reduction of the agricultural potent, " .^T-e ,primary agricultural soils on the site. itj FINDINGS OF FACT !R J,b6. The site contains 61.2 acres of primary agricultural u3oil.s.. ! Exhibit 68 37. The roadways, utilities, house lots, and stp.armwatew will destroy 40 acres of primary agricultural soils. Testimony of applicant. 38. The applicant has signed an Agreement with Marie Underwood., whereby the applicant will convey title to three of the 73 lots to Underwood after all local and state permi-1 i development have been obtained. 39. The Commission finds that destroying 40 acres, or 65 percent, of the primary agricultural soils constitutes a significant reduction of the agricultural potential of the primary agricultural soils. Therefore, the applicant must address the four subcriteria of this section. Subcriterion i• 40. The applicant purchased the property in 1990 for $1,000,000. There has been no recent appraisal of the property. The City of South Burlington has assessed the property at $82,500. The Commission finds that the fair market value of the property before development is $1,000,000. Exhibit 67 Findings of Fact and.Conclusions of Law and Order #4C0942 Page 10 i 41. The applicant will spend a total of $2,767,450 kor engineering, construction, and financing costs to develop the property. The applicant's total costs for development of the property, including the land cost, will be i $3,767,450. Exhibit 67 A2. The applicant will sell 70 lots at an average lot va.l.ue of $70,000. Gross sales of the 70 lots will total $4,900,000. { This represents the value of the land after it has begin improved by the developer. Subtracting the 6 percent sales j fee, gross sales of the lots will total $4,606,000. Exhibit 67 43. The applicant will realize a net profit of $838,550 ($4,606,000 - $3,767,450). There are two method; to calculate the rate of return for the project. The first is to calculate the return on the applicant's investment: Return on investment = Net Profit = $ 838,550 22.: Total Costs $3,767,450 The second method is to calculate the return on they :�_mpro v,ed � value of the property as represented by the gross sal, s. j i Return on improved value = Net Profit = $ 838,550 = 17.10 Gross Sales $4,900,000 ' 44. The developer presented an analysis of an alter: Ve project which eliminates lots 52 - 73. This result in protecting 50 percent of the primary agricultural soils on the site. The applicant would realize a net loss on this project which would result in a negative rate of return. Exhibit 68 Subcriterion ii: 45. The applicant does not own or control any land containing nonagricultural soils or secondary agricultural soils which are reasonably suited to the purpose of the project. Exhibit 68 Subcriterion iii: 46. Typical lot size for the project is 1/3 acre, with larger lots on the western side of the project to provide a transition from neighboring existing lots to the smaller interior lots. The lots are "clustered" around two access roads which are on either side of the wetland which bisects the property. The Commission finds that the project Findings of Fact and Conclusions of Law and Order #4C0942 Page 11 satisfies this subcriterion. Subcriterion iv: 47. The applicant's land is adjacent to the Economou farm. The Economou farm does not utilize any of the applicant's land for growing crops or forage. The applicant's land is hayed by a farmer whose farm is more than five miles from the site. Exhibit 68 CONCLUSIONS OF LAW 'The Commission concludes that the applicant has met its burden of Proof with respect to subcriteria ii, iii, and iv; however, for lithe reasons set forth below, the applicant has not met its burden ��of proof with respect to subcriterion i. ;Subcriterion i requires the applicant to demonstrate that it "can realize a reasonable rate of return on the fair market value <Y' [its] land only by devoting the primary agricultural soils to uses which will significantly reduce their agricultural .potential." In this case, the applicant is devoting two thirds of the primary agricultural soils on the site to uses which will ,'significantly reduce the agricultural potential of the soils. hThe applicant will realize a rate of return of either 22.2% or 17.1 %, depending on which of the calculation methods outlined above is used. The statute is not specific as to which of these methods .is the proper method to use. This project will result in the development of 40 acres of primary agricultural soils which are currently used for an agricultural activity. We find that this is a substantial loss of an important natural resource and that it is incumbent upon the applicant to investigate alternatives which will result in a less substantial impact. The Environmental Board has supported this approach. In RE: Homer and Marie Dubois, Findings of Fact and Conclusions of Law and Order #4C0614-3-EB, May 18, 1988, at Page 7, the Board stated that "[a]n applicant must consider alternative uses of the land which will not significantly reduce the agricultural potential of the primary agricultural soils located on the site and must provide information on those alternatives." The applicant has presented one alternative development proposal: a plan which would develop 22 fewer lots and retain 50 percent of the primary agricultural soils. We find that the applicant's consideration of one alternative use of the land which results in the loss of 50 percent of the agricultural soils does not meet the intent of the Board's decision in Dubois. We reach this conclusion for two reasons. Findings of Fact and Conclusions of Law and Order #4CO942 Page 12 'IFirst, we find that the loss of 50 percent of the agricultural 11soils still constitutes a significant reduction of the �Iagricultural potential of the soils. Second, the applicart has considered only one alternative use, a smaller version of the ,application currently before us. There may be other uses which would not result in a significant reduction of the potential of j;the soils and would still enable the applicant to develop a ilfinancially viable project. For instance, the applicant has not ;[presented any information regarding the use of off -site ijmitigation for the loss of the agricultural soils or the payment !of an agricultural mitigation fee which would result in the J!protection of primary agricultural soils elsewhere. See, _,r (?example, RE: Homer and Marie Dubois, 4C0614-4R, July 8, 1993. ti I fflWithout serious consideration given to alternative uses of the ('site, including a use which utilizes some form of mitigation for lithe loss of the primary agricultural soils, we cannot kind that the applicant has met its burden of proof on this subcri-terion. SECTION 6086(a)(9)(C) FOREST AND SECONDARY AGRICULTURAL The Commission finds that the soils on the site do not ,qualify as forestry or secondary agricultural soils SECTION 6086(a)(9)(D & E) EARTH RESOURCES & EXTRACTION OF EARTH RESOURCES: The Commission finds that as no earth resources have been identified on this site, this project does not involve the interference with nor the extraction of earth resourv�-es. SECTION 6086(a)(9)(F) ENERGY CONSERVATION: The Commission finds that the planning and design of this project reflects the principles of energy conservation and incorpor2t the best available technology for the efficient use or recovery of energy. 48. Homes to be constructed in the development will comply with the "Four Star Plus" rating of Energy Rated Homes of Vermont. 49. The Commission will specifically prohibit the installation and/or use of electric resistance space heating. i �j !Findings of Fact and Conclusions of Law and Order f#4C0942 I l( +Page 13 MSECTION 6086(a)(9)(G) PRIVATE UTILITY SERVICES: l There are no private utilities proposed for the project. !SECTION 6086(a)(9)(H) COSTS OF SCATTERED DEVELOPMENT: i IThe Commission finds that the project is contiguous to an ilexisting settlement. ;SECTION 6086(a)(9)(J) PUBLIC UTILITY SERVICES: I; ,The Commission finds that utility service is available to this project, that an excessive or uneconomic demand will not be placed on such facilities or services, and that the provision of !such services has been planned on the basis of a projection of ijreasonable population increase and economic growth. 'SECTION 6086(a)(9)(K) DEVELOPMENT AFFECTING PUBLIC INVESTMENTS: ii tithe Commission finds that this project will not unnecessarily or unreasonably endanger the public or quasi -public investment or (materially jeopardize or interfere with the function, efficiency, ;ior safety of, or the public's use or enjoyment of or access to any adjacent public investments. 'SECTION 6086(a)(9)(L) RURAL GROWTH AREAS: The Commission finds that this project is not located in a rural Jgrowth area as defined by the statute. SECTION 6086(a)(10) CONFORMANCE WITH THE LOCAL OR REGIONAL PLAN: The Commission finds that this project conforms to the local and regional plans. 50. The project meets the definition of "Substantial Regional Impact" in the Chittenden County Regional Plan. The project site is in the Urban Mixed Use area as defined by the plan. These areas are primarily residential and adjacent to growth centers, but may also include shopping centers, industrial/commercial uses, public education facilities, health care facilities, public offices, and recreational opportunities. Moderate development should occur in these areas. Exhibit I Findings of Fact and Conclusions j of Law and Order �#4C0942 Page 14 i (III. CONCLUSION OF LAW Based upon the foregoing Findings of Fact, it is the conclusion `of this District Environmental Commission that the project described in the application referred to above, if completed and maintained in conformance with all of the terms and conditions of ;that application, and of Land Use Permit #4C0942, will cause or result in a detriment to public health, safety or general welfare ,under the Criteria 1(B), 2, and 9(B) described in 10 V.S.A., ,Section 6086(a). 'IV. ORDER 'lBased upon the foregoing Findings of Fact and Conclusions of ;Law, Land Use Permit #4C0942 is hereby denied. ,Dated at Essex Junction, Vermont, this a,&IW day of October 1993. clfaj& %— District #4 Commission Commissioners participating in this decision: Thomas Visser Susan Wheeler wp:4C0942.ff EXHIBIT LIST FOR APPLICATION # 'ACO .�— PAGE # 1 E DATE E X N H R T I E E B C R I E E T I D V N E B O. D Y A = APPLICANT T = TOWN EC = ENVIRONMENTAL CONSERVATION TPC = TOWN PLANNING COMMISSION RPC = REGIONAL PLANNING COMMISSION ANR = AGENCY OF NATRUAL RESOURCES AOT = AGENCY OF TRANSPORTATION DPS = DEPARTMENT OF PUBLIC SERVICE VDH = VT DEPARTMENT OF HEALTH NATURE OF EXHIBIT DATE E19'k ,"° )4 1 07/30/93 A Act 250 Land Use Permit Application 2 it" Schedule A - Fee Information (Revised 9/29/93) 3 " " Letter by John Steele, Fitzpatrick -Llewellyn Inc. t_ District Coordinator (07/30/93) 4 " " Schedule B - Act 250 Information 5 " " Schedule E - Adjoining Landowners 6 " " Schedule F - Certification of Service 7 " Site Location Map 8 " Act 250 Municipal Impact Questionnaire (06/25/93) 9 " " Act 250 School Impact Questionnaire for Residenti'a.i_ _7"r O jf?a;: t.s (06/24/93) 10 " " Letter by Lawrence Garland, Fish & Wildlife Department to John Steele (06/28/93) 11 " Letter by Everett Marshall, NNHP to John Steele (06/28/93) 12 " " Letter by Eric Gilbertson, Historic Preservation Division to John Steele (07/15/93) 13 " " Letter by Anthony Barbagallo, Chittenden Solid Waste District to John Steele (07/15/93) 14 Letter by Gary Sundberg, New England Telephone to John Steele (06/24/93) 15 " " Letter by Louis Fonte, Green Mountain Power Corp. to John Steele (07/09/93) 16 Letter by Donna Leban, Green Mountain Power Corp. to the Residential Builder or Developer regarding GMP's Homebuilders Program 17 " " Homebuilders Program Fact Sheet - 07/93 EXHIBIT LIST FOR APPLICATION # `iCvgg PAGE # .�)- E DATE E A = APPLICANT X N T = TOWN H R T EC = ENVIRONMENTAL CONSERVATION I E E TPC = TOWN PLANNING COMMISSION B C R RPC = REGIONAL PLANNING COMMISSION I E E ANR = AGENCY OF NATRUAL RESOURCES T I D AOT = AGENCY OF TRANSPORTATION V DPS = DEPARTMENT OF PUBLIC SERVICE N E B VDH = VT DEPARTMENT OF HEALTH O. D Y NATURE OF EXHIBIT DATE ENTERED 18 07/30/93 A Letter by Michael Russom, Vermont Gas w/ attachments to John Steele (06/30/93) 19 it It Letter by James Fay, Champlain Water District to John Steele (O1/18/93) 20 it It Letter by Robert Gardner, City of South Burlington Water Department to John Steele (01/18/93) 21 it it Letter by Joe Weith, South Burlington Planner to Charles Van Winkle (05/20/93) 22 It it Letter by Brian Serles, South Burlington Police Department to John Steele (06/29/93) 23 it It Letter by James Goddette, Sr., South Burlington Fire Dept. to John Steele (06/29/93) 24 it it Letter by Lawrence LeCours, South Burlington School District to John Steele (02/11/93) 25 It " South Burlington School District comments by Lawrence LeCours (02/10/93) 26 " " Expansion & Mitigation Cost Analysis 27 " " Letter by Bradley Wheeler, The Johnson Company, Inc. to Lance Llewellyn (03/03/93) 28 " " Letter by Bradley Wheeler, The Johnson Company, Inc. to John Steele (12/16/92) 29 " Primary Agricultural Soils - Soil Series 30 " " Agricultural Value Groups Information 31 South Burlington Map 8 Proposed Land Use - South East Quadrant Official Zoning Map & informational sheets 32 " " Letter by Brendan Kelly, Fitzpatrick -Llewellyn Incorporated to Joe Weith (02/17/93) 33 " Signalized Intersection - 1993 Existing Conditions and Timings T- T EXHIBIT LIST FOR APPLICATION # `t(� qot -) PAGE # E DATE E A = APPLICANT X N T = TOWN H R T EC = ENVIRONMENTAL CONSERVATION I E E TPC = TOWN PLANNING COMMISSION B C R RPC = REGIONAL PLANNING COMMISSION I E E ANR = AGENCY OF NATRUAL RESOURCES T I D AOT = AGENCY OF TRANSPORTATION V DPS = DEPARTMENT OF PUBLIC SERVICE N E B VDH = VT DEPARTMENT OF HEALTH O. D Y NATURE OF EXHIBIT DATE ENTERED 34 07/30/93 A Signalized Intersection - 1993 Existing Conditions 35 IT IT Signalized Intersection - 1993 w/ Phase I Traffic 36 IT " Signalized Intersection - 1998 w/ Phase II Traffic 37 itPlan: Site Locus, sheet 1 of 27 (10/92) 38 Plan: Vicinity Plan, sheet 2 of 27 (Rev. 05/25/93) 39 " Plan: Overall Site Plan, sheet 3 of 27 (Rev. 04/93) 40 " IT Plan: Site and Utilities Plan, sheet 4 of 27 (Rev. 07/28/93) 41 " Plan: Site and Utilities Plan, sheet 5 of 27 (Rev. 07/28/93) 42 IT " Plan: Site and Utilities Plan, sheet 6 of 27 (Rev. 07/28/93) 43 " " Plan: Site and Utilities Plan, sheet 7 of 27 (Rev. 07/28/93) 44 IT ITPlan: Site and Utilities Plan, sheet 8 of 27 (Rev. 07/28/93) 45 IT itPlan: Site and Utilities Plan, sheet 9 of 27 (Rev. 07/28/93) 46 IT IT Plan: Roadway and Utilities Profile, sheet 10 of 27 (Rev. 06/22/93) 47 itit Plan: Roadway & Utilities Profile, sheet 11 of 27 (Rev. 06/22/93 48 IT IT Plan: Roadway & Utilities Profile, sheet 12 of 27 (Rev. 06/22/93 49 It 11Plan: Roadway & Utilities Profile, sheet 13 of 27 (Rev. 06/22/93 50 It it Plan: Roadway & Utilities Profile, sheet 14 of 27 (Rev. 06/22/93 51 IT itPlan: Sanitary Sewer Profile, sheet 15 of 27 (07/93) 52 Plan: Sanitary Sewer Profile, sheet 16 of 27 (07/93) 53 It " Plan: Erosion Control Plan, sheet 17 of 27 (07/93) 54 it itPlan: Erosion Control Plan, sheet 18 of 27 (07/93) 55 it IT Plan: Erosion Control Plan, sheet 19 of 27 (07/93) EXHIBIT LIST FOR APPLICATION #_ y.0 UG L;3- PAGE #� E DATE E A = APPLICANT X N T = TOWN H R T EC = ENVIRONMENTAL CONSERVATION I E E TPC = TOWN PLANNING COMMISSION B C R RPC = REGIONAL PLANNING COMMISSION I E E ANR = AGENCY OF NATRUAL RESOURCES T I D AOT = AGENCY OF TRANSPORTATION V DPS = DEPARTMENT OF PUBLIC SERVICE N E B VDH = VT DEPARTMENT OF HEALTH O. D Y NATURE OF EXHIBIT DATE ENTERED 56 57 58 59 60 61 62 63 07/30/93 A I, it it it „ n „ II I, I, 64 10/1/93 65 8/25/93 66 67 9/27/93 68 69 9/13/93 70 A ANR A A A A T Plan: Erosion Control Plan, sheet 20 of 27 (07/93) Plan: Erosion Control Plan, sheet 21 of 27 (07/93) Plan: Roadway Details, sheet 22 of 27 (07/93) Plan: Typical Details, sheet 23 of 27 (Rev. 12/31/92) Plan: Typical Details, sheet 24 of 27 (Rev. 03/01/93) Plan: Typical Details, sheet 25 of 27 (07/92) Plan: Specifications, sheet 26 of 27 (Rev. 05/23/93) Plan: Landscape & Lighting Plan, sheet 27 of 27 (Rev. 07/21/93) Letter by J.A. Steele, Fitzpatrick -Llewellyn to Louis Borie, Dist. Coordinator re: revised Schedule A (9/29/93) Supplemental Prehearing Comments by K. Janson, Land Use Attorney (8/24/93) Letter by G. Milot to Louis Borie re: carrying costs on the Nowland parcel Letter by G. Milot to John Collins, Chair, Dist. 4 Commission w/agreement between G. Milot/J.P. Larkin/ Marie Underwood (9/22/93) Information re: Criteria 9(b)-Reduction of agricultur< potential Letter by J.A. Steele to Louis Borie re: Wetlands Office application for Conditional Use Determination (CUD) (9/10/93) Memorandum from J. Weith, City Planner, City of So. Burlington to South Burlington Planning Commission (3/25/93) EXHIBIT LIST FOR APPLICATION # 4CO942 E DATE E X N H R T I E E B C R I E E T I D V N E B O. D Y 71 A 72 8/31/93 73 74 75 76 8/24/93 AN 77 A 78 8/17/93 A 79 of 80 " 81 " 82 " A A A A 831 " I A I PAGE # 5 A = APPLICANT T = TOWN EC = ENVIRONMENTAL CONSERVATION TPC = TOWN PLANNING COMMISSION RPC = REGIONAL PLANNING COMMISSION ANR = AGENCY OF NATRUAL RESOURCES AOT = AGENCY OF TRANSPORTATION DPS = DEPARTMENT OF PUBLIC SERVICE VDH = VT DEPARTMENT OF HEALTH NATURE OF EXHIBIT DATE ENTERED Letter by S.R. Crampton, Gravel & Shea to John Collins, Chair, Dist. 4 Commission (9/l/93) Letter by D.S. Marshall, Civil Engineering Associates Inc. to Louis Borie (8/30/93) Letter by S.S. Leonard to John Collins (9/1/93) Memorandum from Dick Trudell to Gary Farrell (9/1/93) Excerpts from Chittenden County Regional Plan adopted 11/12/91 Entry of Appearance Prehearing Comments, ANR (8/23/93) Traffic Impact Analysis Proposed Nowland Two Residential Subdivision prepared by Fitzpatrick - Llewellyn 1/15/93 Plan: Spear Street Roadway Improvements, sheet 1 of 6 (7/93) Plan: same as above, sheet 2 of 6 Plan: same as above, sheet 3 of 6 Plan: same as above, sheet 4 of 6 Plan: Spear Street/Swift Streets Intersection Improvements, sheet 5 of 6 (8/16/93) Plan: Specifications/Sections, sheet 6 of 6 (7/93) CERTIFICATE OF SERVICE !II hereby certify that I, Edie Bowen, Administrative Secretary for the Environmental Board, sent a copy of the ,foregoing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER #4C0942, by U.S. Mail, postage paid, on this 22 day of .October, 1993 to the following: 'I (PARTIES: 1 j''Gerald Milot P.O. Box 4193 .Burlington, Vermont 05402 John Larkin !i410 Shelburne Road ;South Burlington, Vermont 05403 :iStephen R. Crampton, Esq. !Gravel & Shea 'P.O. Box 369 ,Burlington, Vermont 05402-0369 John A. Steele Fitzpatrick -Llewellyn, Inc. One Wentworth Drive ;Williston, Vermont 05495 'Chair, Selectboard .Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Arthur Hogan, Jr., Executive Director Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, Vermont 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, Vermont 05676 Gary Farrell Sheraton Burlington Conference Center 870 Williston Road South Burlington, Vermont 05403 Sandra Leonard P.O. Box 64896 Burlington, Vermont 05406 Victor and Ann Ratkus 64 Laurel Hill Drive South Burlington, Vermont 05403 i Page 2 Certificate of Service #4C0942 FOR YOUR INFORMATION District #4 Environmental Commission John Collins/Thomas Durant Visser/Susan Wheeler 111 West Street Essex Junction, Vermont 05452 William J. Cimonetti 1393 Spear Street South Burlington, Vermont 05403 Kristina Bielenberg RFD#1, Box 1515 Marshfield, Vermont 05658 IlErnie Christianson, Regional Engineer iIANR/111 West Street ±Essex Junction, Vermont 05452 j±Dated at Essex Junction, 1993. CS4C0942 Vermont, this 22 day of October, Edie Bowen ,. ,4 %w- N/F r"VIORT-H ,-0 ,4qe, - mm" m iV/F OEIJKGR FAKKELL 4"fdKC-E MA-lu To \14JOV,.00D ticrtct rwy n a.fr p8-lp5l \� i3 AM \ r\\ N/F CQQVOM DU FL,I'MS IJG � 1 1' LEGEND PERIMETER PROPERTY -LINE ------ OIHER PROPERTY LINE PROPOSED LOT LINE ----- — — PROPOSED CENTERLINE OF ROADWAY — -- --_ — R.I).W. / EASEMENT LINE IRON PIN FOUND 13 CONCRETE MONUMENT FOUND • CALCULATED POWT 0 FENCE POST CORNER RECEIVED u Iq 0 9 199z City of So. guriington LOCUS N No-rE5 • �Ije: AKFA (;,(2. 7 AG0-6e, •,✓ON/IJG K 2 S S AGLbb Z DU PeK fc2E III C.44rrry Z JC,CES l au /GC AGOG Q UIJI71i ii3 [.,WITS, •PROmOsc-o 97 U"IT eWc2 - 5vl4&Li FAWILy De7A7c,M1' Go' KOw ('DGBt'F/ELv oK. !X>• 60' /00' M14. LOr FQO"TAar, MI/JIMUM LC b Z6 l00' K 1!50, /'✓000 SF IZ AGK,64. O/ZJ1 t-lAGG/REC'AC /"exl uOb,s :jAG i OGWBTL.A,"os, (CLA S 2) c�sku o �t oT -10"" i,ucr�lt Po. 60r 4193 400 Q14&-4(5-lJrlle— IUD 6rJ1CUal(/�jjH, VT', 06V4ri-4lg4 SOL rv4 �IL.UrJG-( Ar Vf 09y015 . 40A.0 ~co, WA704e SWINLY .uv S&urr44r !eWWL CoI.&CfW" 4,e,p 1 TO 450 Mu"Ic4AI.4"e 0"e,0 R6rriC aiti PAID/��EsTIf A) 7 � GRAPHIC SCALE FFIGIl.I. MdW — (w m\ ra 1 I - !m00 K NO WLAND PROPERTY II r .I,.,w> SKETCH PLAN STEVEN F. STITZEL PATTI R. PAGE" DIANNE L. KENNEY (*AI.S0 ADNIM D IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 November 17, 1993 Stephen R. Crampton, Esq. Gravel and Shea 76 St. Paul Street P.O. Box 369 Burlington, VT 05402-0369 Re: Larkin - Milot Partnership Dear Steve: 3os-- i93 -169q OF COUNSEL ARTHUR W.CERNOSIA ROBERT E.FLETCHER I have enclosed a copy of a memo that William Gilbert provided the South Burlington City Council. Mr. Gilbert has asked to meet with me regarding this memo. I intend to meet with him during the week of November 29. At present it is anticipated that this matter will be back before the South Burlington City Council at its meeting on December 6, 1993. Please feel free to provide me with any comments you wish me to consider in conducting a review of this matter on the City Council's behalf. Very truly yours, } Steven F. Sti zel SFS/jac Enclosure cc: Charles Hafter SON1267.cor #1980 Vednesda.y November 3, 1993 9:57 -- From 658 4748, -- Page 1 'NOV 03 93 09:57 CIT S BURLINGTON P.1,8 Iu__4110 :: ► 9 lu TO: CITY COUNCIL, CITY OF SOUTH BURLINGTON FROM: WILLIAM A. GILBER JA_J DATE: November 1, 1993 RE: LARKIN-MILOT PARTNERSHIP, NOWLAND II PARCEL The Larkin-Milot Partnership (the "Applicant") has proposed a subdivision of 66.7 acres of land within the Southeast Quadrant ("SEQ") on Spear Street. The South Burlington Planning Commission on August 10, 1993 approved a Final Plat Application for a planned residential development consisting of 73 single family lots on the 66.7 acres of land. The land is also known as the "Nowland Ii" parcel. The 73 single-family lots allowed on 66.7 acres of land amounts to a density of 1.1 unit per acre of land based on the gross or total acreage of the parcel involved (66.7 -acres) . Procedure Following Planning Commission approval on August 10, 1993, I filed an appeal to the Chittenden Superior Court. Subsequently, the City of South Burlington has entered its appearance in the Superior Court through Attorney Steven Stizel. The appeal creates a "de novo" proceeding where the Court must make each decision on appeal. This is a brand new hearing not just an appeal on the Planning Commission record. The Superior Court does not just review the case, the Court will make the decision. The purpose of this memo is to urge the Council to direct its attorney to take a strong position in Court in support of the Comprehensive Plan of the City of South Burlington as it relates to the SEQ. f.. tie dnesday'November 3, 1993 9:57 -- From " 058 4748' -- Page 2 NOV 03 '93 09:58 CITY S BURLINGTON P.2i8 The Issue There are two specific kinds of density restrictions applied to real estate in the SEQ by the South Burlington Plan and Zoning Regulations. Each of these restrictions has a different impact and is intended to achieve a different planning and zoning goal. Here are the two rules. (Only Rule 2 was applied to the Nowland II parcel by the Planning Commission). Rule 1., Develapable Acreage - two unite per developable acre as set forth in Appendix E - SEQ Goals Based Plan. (Copy attached) . Purpose: various parts of the southeast quadrant are assigned or designated on a map with different developable acre densities that set forth the allowed number of units per developable acre. See Pages 95- 96 of Town Plan. (Copy attached). In essence, if a person cannot develop an acre because, for example, j. it is wetland, the land does not "count" as developable for purposes of density restrictions. Rule 2, Gross Acreage - 1.] acre maximum density as set fforth in zoning Regulation. Ar".Purpose: While the density within the SEQ is permitted 64 ;to vary in relation to developable acres, depending 1\ � upon the SEQ Plan map - Appendix E (see Rule #1), the ��' `� Qoverall density, based on gross acreage of the parcel being subdivided may not exceed 1.1 acres. The ' "Y Planning Commission may not allow more than 1.1 unit per gross acre. A Application of the Two Rules: First, developable acres limitation - Rule 1 The number of developable acres must be ascertained and the appropriate allowed density per acre ascertained by referring to the Town Plan for the SEQ. This is a map (Appendix E) which tells exactly how many units (usually 2, 3 or 4 per developable acre) are permitted within various parts of the SEQ per developable acre. Simple multiplication of the number of units that are allowed per developable acre times the number of developable acres yields a maximum number of units permitted to any parcel- N u:dnesday November 3, 1993 9:57 -- from 658 4748' -- Page 31 NOV 03 '93 09:59 CITE JF s BURLINGToN P.3/8 second, gro�creacxe limitation - Rule 2 The gross acreage of the parcel in question is multiplied by 1.1 to determine the maximum number of units that may be allowed by the Planning Commission in calculating the density permitted on any parcel. Application of these Rules to Nowland II Parcel Proposed Larkin/Milot Partnership Development. Rule 1, Developable Acreage Density The developable acreage on the Nowland II parcel is approximately 20-22 acres. This number is uncertain as the Planning Commission did not apply Rule 1 in its review and approval of the Nowland IX parcel application. Nonetheless, scaling from the Town Zoning Map results in an estimated 20-22 acres of developable acreage. The remaining portions are restricted, wetlands, roadways or for other reasons not developable. Assuming 22 developable acres, the map clearly sets forth a two unit per acre density in the area of Nowland II as set forth on the SEQ goals based plan Appendix E. Results: Nowland II parcel may not exceed 40-44 units. The Planning Commission did not apply this rule. Rule 2, Gross Acreage Density Gross acreage of 66.7 acres on the Nowland II parcel times 1.1 maximum units density yields 73 single family lots (96.7 acres times 1.1 equals 73). Conclusion• The City Council has the opportunity to support the City Plan and to ensure that the Plan (Rule ##1 relating to developable acreage) is enforced within the SEQ. Rule 1 was not applied to the Nowland IX parcel by the Planning Commission. Without the application of Rule 1, the applicant was granted density based on total acreage rather than acreage which can be developed. Much of the Nowland II parcel is not developable. 3 tlednesday November 3, 1993 9:57 -- From 658 47481 Page 4 NOV 03 '93 09:59 CIT) _r SBURLINGTON P.418 without the application of Rule 1 the neighborhood density called for in the South Burlington Plan will not be achieved. Instead the result will be that development associated with parcels of wetland or otherwise undevelopable areas will see quarter -acre lot sizes since all of the units that they are allowed under Rule 2 will be squeezed into the areas that can in fact have units constructed. The absurd result is that developers with land that cannot be developed will have, in effect, one -quarter acre zoning on the land that is suitable for development while owners of parcels that have no undevelopable areas will only achieve a 1-1 unit per acre density. For example: Parcel A Allowed Units 5.5 Acres All Developable 6 Parcel. B 5.5 Acres and 13 Acres Wetland 20 Parcel C 18-5 Acres all Developable 20 Although the Council should be reluctant to get involved in some issues that have been considered by the Planning Commission, this case will set the precedent for all future SEQ development. The SEQ Plan was developed after great expense and years of hard work by the Council and citizens, as well as by the Planning Commission and votes of the people of the City South Burlington. The SEQ Plan deserves the support of the City Council. B3/05.1029 4 November 3, 1993 9:57 -- From " 08 4748, -- Page 6 NOV 03 '93 10:01 CITY 1 S BURLINGTON P.Gi8 A basic level of'support services will eventually be required by the residences of the Quadrant. Such services would allow Quad- rant residences to drive only a short distance, walk or ride a bike r,atfier than requiring the. residences to drive all the way to Shelburne or Williston Roads "just for a gallon of milk." Neigh- borhood commercial uses are probably not needed or feasible at this time; however, as densities increase, such uses -will become more necessary. Neighborhood commercial uses in the Quadrant should be limited in size and type; should respect surrounding residential uses; and should be designed to blend in with the residential'and oped character of the Quadrant. c) Agriculture and gLen Space Agriculture contributes to the aesthetic quality of the Quadrant. The farms in the Quadrant will.likely disappear if left unaided. The City should take positive steps, exploring and- implementing such means as transfer of development rights and land trusts (as opposed to subsidies), to retain agriculture as a land use in.the Quadrant. In addition to agriculture, the City should encourage more variety in non -intensive uses while protecting drainageways and other open and natural areas not suited to agricultural use, but important to the overall quality of the Quadrant. d) Development Densities In an effort to develop a vision in terms of residential develop- ment densities for the Quadrant, the City embarked on a series of planning studies. The first phase of the studies involved re- taining a consultant to prepare a natural resources and scenic view inventory for'the SEQ (8,9). The consultant study also included recommended.iocations for public improvements, street, parks, and schools) and identified areas appropriate for development and areas appropriate for preservation. simultaneously, the City formed a Southeast Quadrant Committee consisting of south Burlington residents and City staff to review and make recommendations on planning issues affecting the Quad- rant. The SEQ Committee made a number of recommendations ranging. from land use to housing affordability and population. Utilizing the information Contained in the Consultant study, recommendations by the SEQ Committee, and other information contained in this plan and other previous planning studies, the City proposed a development plan for the quadrant. This' plan entitled the SEQ Goals Based plan (provided in Appendix E), identifies areas within the Quadrant which are appropriate for development and applies desirable neighborhood densities to those areas. Areas designated as appropriate for development were based on the following general objectives: 95 Wednesday November 3, 1993 9:57 -- From " 658 47481 -- Page 5 NOV 03 '93 10:00 CITI S BLZLINGTON o preserve natural features such as wetlands, floodplains d dr an ainageways. o locate development in a manner which preserves signifi- cant scenic views.' o provide significant setbacks along north -south arterials to maintain open feeling and promote preservation of "special character". o allow development to encroach into wooded areas to hide units from view. o protect enough wooded area to maintain viable wildlife habitat and maintain connections between habi_tatR fnr movement. o encourage some prime farmland to remain open by cluster ing development. Neighborhood densities were then designated for each development area based on the following objectives: o provide higher density in development designated are which are relatively small in size and well hidden from arterials o encourage lower densities in larger development designat- ed areas and in open areas. o consider lower densities in abutting areas of Shelburne and Williston and maintain compatibility. The result of the SEQ Goals Based Plan is a recommended full - build density in the SEQ of 4,100 to 4,200 residential units. This represents an overall density for the sEQ in the low moder- ate range. It is important to note that according to population and housing projectons contained in Chapters TV and VI of this plan, this goal•of-,4,100 - 4,200 residential units will most likely not be realized for many years beyond the 20 year horizon of this plan. E. VIEWs The Quadrant affords many of the City's most scenic views. While development may obscure some of these, the Community`s interest in such "resources" is strong enough to warrant consideration of view preservation in planning. The City should advocate develop- ment patterns, densities and land uses that preserve these unique important views for the public. Sources which have identified important views are listed in the Natural Resources Chapter. F. HISTORIC AND CULTURAL RESOURCES The Quadrant contains many remnants of our historical and cul- tural heritage, including old barns and farmhouses, stone walls, hedgerows, an apple orchard, and goad rights--of--way. The Quad- rant's open, pastoral character, and historic landmarks make it a very pleasant and desirable area in which to live. Careful site Plan and subdivision reviews will minimize adverse ,impacts to these important qualities. . No No Text Ia a STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 STEVEN F. STITZEL PA'1"1'I It. PAGE* MARK It. WARD• DANIEL T. LEMBART (*ALSO ADMITTED IN N.Y.) Carl Lisman, Esq. Lisman & Lisman P.O. Box 728 Burlington, VT 05402-0728 (802) 660-2555 (VOICE/TDD) FAX )802) 660-2552 August 29, 1995 Re: Gerald C. Milot and John P. Larkin - Nowland Two Hausner Easement and City Legal Documents Dear Carl: OF COUNSEL ARTHUR W. CERNOSIA ROBEUT E. FLIsTCHEIt, I am doing some work with Dan Lewbart of Stitzel & Page concerning the Nowland Two development in South Burlington. I am writing concerning the Hausner easement and City legal documents. The revised Hausner warranty deed has not been executed by the Hausners. Since August 21, 1995 was the deadline for recording the plan and warranty deed and Mr. and Mrs. Hausner are apparently away on vacation, the City recorded the warranty deed previously executed by the Hausners with the understanding that your clients will have the Hausners execute the revised warranty deed as a corrective deed. We have also examined the draft City legal documents (Second Notice of Conditions of Subdivision Approval, and the two Irrevocable Offers of Dedication for Roadways and Easements) and request certain changes. Hausner Easement. John E. and Bonnie L. Hausner and their mortgagee, The Merchants Bank, executed a warranty deed to City of South Burlington dated June 9, 1995. After reviewing the warranty deed for the City, Dan Lewbart requested several changes and a revised warranty deed was sent to Gerry Milot on July 21, 1995. Gerry Milot has not obtained the Hausners' signature on the revised warranty deed and as the August 21, 1995 deadline approached he found that the Hausners were away on vacation. The City agreed with Milot to record the June 9, 1995 warranty deed so that Milot could comply with the deadline, provided that Milot would follow up and have the revised deed executed by the Hausners and The Carl Lisman, Esq. Lisman & Lisman Page 2 August 29, 1995 Merchants Bank. Please add the following paragraph to the revised warranty deed: "This warranty deed is intended to supplement and correct a warranty deed from John E. Hausner and Bonnie L. Hausner to the City of South Burlington dated June 9, 1995 and recorded in Volume , page(s) of the City of South Burlington Land Records." Please call Dan Lewbart or me if you have any questions. City Legal Documents. We have reviewed the proposed Second Notice of Conditions of Subdivision Approval, Offer of Irrevocable Dedication and warranty deeds for roadways and Offer of Irrevocable Dedication and warranty deeds for utility easements and the pedestrian easement. We have also briefly examined the South Burlington Land Records. Before I discuss the documents individually, I have a few general requests - 1. The City legal documents should be executed by both Gerald C. Milot and John P. Larkin. Gerald C. Milot and John P. Larkin are the actual record owners of the property. The powers of attorney recorded in Volume 379, pages 31 and 32 are specifically limited to the sale of lots. Both Milot and Larkin should sign the City legal documents, or new powers of attorney authorizing the execution of the City legal documents should be prepared. 2. We will need partial releases of all mortgages, security interests, and liens encumbering the property or interests deeded to the City. A quick check of the land records reveals the following - a. Mortgage Deed from Gerald C. Milot and John P. Larkin to Rheal C. and Helen N. Gagnon dated July 8, 1990 and recorded in Volume 296, page 371. b. Mortgage Deed from Gerald C. Milot and John P. Larkin to Rheal C. and Helen N. Gagnon dated March 20, 1992 and recorded in Volume 322, page 190. C. Mortgage Deed from Gerald C. Milot and John P. Larkin to Gerald C. Milot and Marsha W. Milot dated July 23, 1993 and recorded in Volume 348, page 191. Carl Lisman, Esq. Lisman & Lisman Page 3 August 29, 1995 d. Mortgage Deed from the Larkin Milot Partnership to the Vermont Federal Bank, FSB, dated February 3, 1995 and recorded in Volume 373, page 238. e. Collateral Assignment of Licenses, Permits, Approvals and Contractors', Architects', and Engineers' Agreements and Work Product from the Larkin Milot Partnership to the Vermont Federal Bank, FSB, dated February 3, 1995 and recorded in Volume 373, page 243. Partial releases should be obtained for these and any other instruments encumbering the premises. Second Notice of Conditions of Subdivision Approval. a. Gerald C. Milot and John P. Larkin both must execute this document. b. This document supplements the Notice of Development Conditions dated November 5, 1993 and recorded in Volume 353, page 585. (A copy is enclosed.) The new document should be renamed "Second Notice of Development Conditions" and refer to the previous document. C. Paragraph 5(b) involves the community mailbox areas. There are two community mailbox areas with the second being depicted on sheet 9 of 27 recorded in Volume 286, page 119. d. Paragraphs 5(b) and 5(c) involve drainage ditches and drain collection systems. These are also shown on the plan, sheet 5 of 27, recorded in Volume 286, page 115. Please note that several of plans in the set forwarded to our offices are later revisions of the plans recorded in the Land Records. The plans forwarded to our offices depict the footing drains but the plans actually recorded in the Land Records do not. e. Paragraph 5(e) refers to a drainage easement. This easement crosses the westerly portion of Lots 6 and 7. It is not located westerly of the lots. Irrevocable Offer of Dedication and Warranty Deeds for Roadways a. Gerald C. Milot and John P. Larkin both must sign these documents. b. Releases of all mortgages, security interests, and liens must be obtained for these documents. Carl Lisman, Esq. Lisman & Lisman Page 4 August 29, 1995 C. I found a typographical mistake on page 1 - good and "valuable" consideration. d. The City wants the lands reserved for future roadways included in the Offer of Irrevocable Dedication. The future roadways include the northerly extension of Vale Drive and other roadways northerly and/or easterly of Vale Drive. The future roads should be set forth in a third warranty deed. The offer should indicate that the City may accept the future roads in whole or in part. If the City decides to accept the future roads in segments, Larkin and Milot agree to provide deeds for the actual segments being accepted. Irrevocable Offer of Dedication and Warranty Deeds for Utility Easements and Pedestrian Easement. a. Gerald C. Milot and John P. Larkin must both sign these documents. b. Releases of all mortgages, security interests, and liens must be obtained for these documents. C. I found two typographical mistakes on page 1. Paragraph 2 discusses easements for "utilities" and between paragraphs 4 and 5 - good and "valuable" consideration. d. The 10' utility easements (paragraphs (b) and (d) of Exhibit A) should be deleted. The 10' utility easements are for private utilities (electricity, telephones, natural gas lines, cable television, etc.) and should not be dedicated to the City. e. Please add the 20' utility easement crossing the southerly portion of Lot 52. f. Please refer only to the subdivision plans recorded in Volume 286, pages 111 and 112 in the descriptions of the 20' utility easements. The subdivision plans show all of the 20' utility easements and are much easier to read than the site and utilities plans. The site and utilities plans contain gaps and have been revised since being recorded. The subdivision plans forwarded to our offices are identical to those recorded in the Land Records. g. The descriptions of the 20' utility easements in Exhibit A and the warranty deeds are extremely confusing. I recommend describing the 20' utility easements as three separate easements - Carl Lisman, Esq. Lisman & Lisman Page 5 August 29, 1995 1. An easement over portions of Lots 46 and 47 extending from the sideline of Pinnacle Drive to Common Land Area B. 2. An easement over portions of Lots 42 and 41, Common Land Area B, and Lots 57 and 58 extending from the sideline of Pinnacle Drive to the sideline of Vale Drive. 3. An easement over portions of Lot 52 extending from Common Land Area B to the southwest corner of the intersection of Vale Drive and Deerfield Drive. The changes should be made on both Exhibit A and the warranty deeds. The descriptions of the 20' utility easements I have requested are general in nature. Please feel free to change the suggested language. h. Please revise the description of the pedestrian easement to indicate that it extends over portions of Common Land Area B between northerly sideline of Deerfield Drive and the northerly boundary of Common Land Area B. i. Please use the enclosed form Recreation Path Easement Deed in place of the warranty deed. Please call Dan Lewbart or me if you have any questions. Thank you for your assistance in this matter. Very truly yours, at � Neil Wheelwright NW/map Enclosures cc: Joseph Weith Raymond Belair SON1812.COR JUN 14 195 12:03 CIT - S BURLINGTON P.112 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That JOHN E. HAUSNER and BONNIE L. HAUSNER, husband and wife, of South Burlington in the County of Chittenden and State of Vermont (together, the "Grantor"), in consideration of TEN AND MORE DOLLARS paid to the Grantor's full satisfaction by CITY OF SOUTH BURLINGTON, a Vermont municipality having a place of business in South Burlington in the County of Chittenden and State of Vermont (together, if more than one, the "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the Grantee, and the heirs, successors and assigns of the Grantee forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: / Being a portion only of the lands and premises co eyed to John E. Hausner and Bonnie L. Hausner pursuant to a warranty deed date S�pt=bbr S, 1986, from Spear Street Housing Partnership, recorded in olume 218, Pae 40 of the Land Records of the City of South Burlington, and more particularly described as follows: �p16�r �-�u•• '2t Being an easement, 20 feet in %vidth, for the installation, corlst Colon, oeration, repair, maintenance and replacement of an underground sanita sewer, with piping and appurtenances, in the location depicted as "20' Utility Ras ment" and is shown on a plan, being Sheet 1 of 2, entitled �- ZJJ vtt(� Avfh,� tS _ Nowland Two South Burlington Vermont To ��� ell �� � Sanitary Sewer Extension ��;, t �- 11 � —! a� h5 /dated�April 199 prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volumaage of the Land Records of the City of South Burlington, yj i, together wit e right to enter on the lands of the servient estate for such purposes, ,i,i provided that such entry shall be reasonably necessary to the purposes hereof and that any such premises shall be restored by the Grantee, its successors and assigns, to its condition prior to entry at no cost to the owner of the servient estate or the Grantor or their respective successors or assigns. C.-- An `�u l Reference is hereby made to the aforementioned instruments, the records thereof and the references therein in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, and the heirs, successors and assigns of the Grantee, to their own use and behoof forever; And the Grantor, for themselves and their heirs, successors and assigns, does covenant with the Grantee, and the heirs, successors and assigns of the Grantee, that until the ensealing of these presents it is the sole owner of the premises, and has good right and title to convey the sane in manner aforesaid, that they are FREE FROM EVERY ENCUMBRAI`?CE; and that it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. Pow -It" Fax Note 7671 DatS 4-9as► TO1 From j( ^ 1 coJDapt. Co. Phone p I Phone k Fax K Fax a JUN. 14 ' 95 (WED) I1 :52 COMMUNICATION No:25 PAGE. 1 JUN 14 195 12:05 CI DF S BURLINGTON P.2i2 IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of June, 199S. TwT nnnOr7ATrn /lL`. STATE OF VERMONT CHITTENDEN COUNTY, SS. t r this 2!!X-day of June, 1995, John E. Hausner and Bonnie L Hausner personall appeared, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed.__----,, A Before me � /.& f . Notary Fa - IN WITNESS WHEREOF, the undersigned has caused this deed t6 be executed this day of June, 1995. IN PRESENCE OF: THE M C S BY LS Duly uthorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At this �� day of June, 1995, M ' 1&��b , duly authorized agent of TIJE MERCIANTS DANK personally appeared, and he/she acknowledged this instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of THE MERCHANTS BANK. Before me 6�� �;- a& -a Notary Public Prepared by Lisma.n & Lisman, P.Q. Box 728, Burlington, VT 05402 (8(P) 864.5756 03\20014\010\1ega1\offsemr.ch1 5 JUN. 14 ' 95 (WED) 11 :53 COMMUNICATION No:25 PAGE-2 AUG-18-95 FRI 10:41 LISMAN 1ISMAN FAX NO. 80286-..J29 P.02/04 LISMAN a LISMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P. O. Box 7.20 BURLINGTON. VERMONT 05402 CARL H. LISMAN 002.004.7 i'-30 TELECOr4ER ALLEN D. WEBSTER C.FA e02•0104•3629 MARY G. KIRKPATRICK E. WILUAM LE-CKERLING OrrICP_5 IN FINANCIAL M-PZA DOUG LAS K. RILEY AT 8A PINE STWEET _ 6URUNGTON. VERMONT RICHARD W. KOZLOWSKI JUDITH L. DILLON LOUIS LISMAN BERNARD LISMAN COUNSEL July 21, 1995 Mr. Gerald C. Milot Larkin Milot Partnership P.O. Box 4193 Burlington, VT 05402 Larkin Milot - Spear StrcctJHausncr EaSs;mcnt Dear Gerry: The City's lawyer has asked for minor changes to the deed already signed by Mr. and Mrs. Hausner and Tve Merchants hank. 711,e deed, reviscd to incorporate the cllangcs, is enclosed. Will you see to execution and then return the document to me for forwarding to South Burlington? Very ul < ur , Carl H. Lisman CIIL/ddp Enclosure 20014\010 AUG- 10 '95 (FRI) 10:26 COMMUNICA'rION No:74 PAGE.? AUG-18-95 FRI 10:41 LISMAN )ISMAN FAX NO. 80286 P,03/04 WARRANT Y DEED KNOW ALL MEN BY THESE PRESENTS: That J014N E. IIAUSNER and BONNIE L. HAUSNER, husband and wife, of South Burlington in the County of Chittenden and State of Vermont (together, the "Grantor"), in consideration of TEN AND MORE DOLLARS paid to the Grantor's full satisfaction by CITY OF SOU'111 13URLINGTON, a Vermont municipality having a place of business in South Burlington in the County of Chittenden and State of Vermont (together, if more than one, the "Grantee"), by these presents, du frcc:ly GIVE, GRANT, STYLI, CONVEY AND CONFIRM unto the Grantee, and the heirs, successors and assigns of the Grantee forcvcr, a ccrtain piece of Iand in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: I3euig a portion only of the lands and promises conveyed to John E. I3ausner and Bonnie L. I-Iausner pursuant to a warranty deed, cdatcd September 8, 1986, from Spear Street Housing Partnership, recorded in Volume 218, Page 40 of the Land Records of the City of South Burlington, and more particularly described as follows: Being an easement, 20 feet in width, for the installation, constniction, operation, repair, maintenance and replacement of an underground sanitary sewer, with piping and appurtenances, in the location depicted as "20' Utility Easement to be Centered on As -Built Location" and is shown on a plan, being Sheet I of 2, entitled Nowland Two South Burlington Vermont Sanitary Sewer Extension dated April 1995, revised 6/13/95, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume , Page of the land Records of the City of South Burlinbtun, together with the right to enter on the lands of the serviont estate for such purposes, provided that such entry shall be reasonably accessary to dic purpuses hereof and that any such premises shall be restored by the Grantee, its successors and assigns, to it,. condition prior to entry at no cost to the owner of the servient ©state or the Grantor or their respective successors or resigns. Reference is hereby made to the afurume:ntiuned instruments, the records thereof and the references therein in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, and the heirs, successors and assigns of the Grantee, to their own use and behoof forever; And the Grantor, for themselves and their heirs, successors and assigns, does covenant with the Grantee, and the heirs, successors and assigns of the Grantee, that until the ensealing of these presents it is the sole owner of the premises, and has good right and title to convey the same in mattncr aforesaid, that they tut; FREE FROM EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DEFEND the same. against all lawful claims whatever, except as afnresaid. Tlie Merclia,tts Bank joins in the execution of this instrument solely to subordinate the lien of mortgages recorded In Volume 317, Page 485 and Volume 329, Page 94 of the Land Records of the City of South Burlington. AUC. 16 * 95 (FRI) 10:26 COMMUNICATION No:24 PACE. 3 AUG-18-95 FRI 10:42 L I SMM )L I SMAN FAX NO. 8028t, . A29 P. 04/04 IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of July, 1995. IN PRP_SENCE OF: LS John R. Hausner L5 T3nnnic L I-Iausncr STATE OF 'VE•RMON'T' CHITTENDEN COUNTY, SS. At this day of July, 1995. John E. I-Iausner and Bonnie L Hausner personally appeared, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. Before me Notary Public IN WITNP,SS WHEREOF, the undcrsignod has caused tlus deed to be executed this day of July, 1995. IN PRESENCE Or: Ti-lE MERCHANTS BANK BY LS Duly Authorized Agcnt STATE OF VERMONT CIIITTl:?NDI:N COUNTY, SS. At this day of July, 1995, , duly authorized agent of TIfE MERCHANTS BANK personally appeared, and he/she acknowledged this instntment, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed orTHE MERCHANTS T3ANK Before me Notary Public Prepared by Lisman & Li5man, P.O. Box 728, Burlington, 'VT 05402 (802) 864-5756 04\7d014\0I0\IcpJ\otf—te.chI M AUG.18 '95 (FRI) 10:27 COMMUNICATION No:24 PAGE-4 ReceiveVil1 kllutl,nA0Vr1'l:i ; 193'.Z a Record(101 l. S3 on page�—��j Of o.AllesL. Bunington land Recor Vol. NOTICE OF DEVELOPMENT CONDITIONS Margaret A Picard, City Clerk Pa 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: i . 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 subdivision plat entitled "Nowland Two: Plat of Subdivision of Lands of Gerald C. Milot et al.", Sheets 1 of 2 and 2 of 2, signed October 11, 1993, and prepared by Fitzpatrick -Llewellyn Incorporated, and recorded in Map Volume at Pages a and g� respectively; and WHEREAS, the final approval of the Planning Commission dated August 10, 1993 requires some of the specific conditions which will be 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 Planning 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 survey entitled "Nowland Two: Landscape & Lighting Plan", Drawing D-4501, dated November 1992, last revised October 5, 1993 and recorded in Map Volume d$bat PageQ of the South Burlington City Land Map Records. Particular reference should be made to tree height limits and eligible species referred to in the notes of the survey. 2. Height Limitations. The Nowland Two planned residential development is in compliance with the Dorset Park View Protection Zone set forth in Article XXV, Section 25.40. Calculations of elevations and maximum 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 Utilities Plan" revised October 5, 1993, Drawings D-4383 through D-4388 and recorded in Map Volumeat Pages and LLr 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 NOV 05 ' 93 I S c 12 GRAVEL PM % ER "-658-1456 r. J/ v "vo(. / reaidences 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 'Howland / Two: Sito and Utilities Plan", wing D-4384, last revised October 5, 1993 and recorded i . in Map Volume at Page of the South Burlington City Land Map Records, which depicts the boundaries of the building envelopes. 4. The final approval of the Planning Commission includes a requirement to provide for two community mailbox areas. The first is 4acent 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 subdivision plat and to a survey entitled 'Nowland Wo: overall Site Plan" dated July, 1992, last revised October 1. 1993 and recorded In Map Volutneaat pagel!L 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 casement areas as well as all drainage ditches and ponds which serve the development. 5. Miwellnn Anil- Reference should be made to the plat of Subdivision of Lands, Overall Site Plan, Landscape & Lighting Plan, and Site and Utilities Plans for identification of any further ememonts, obligations, or restrictions which affect a particular lot within the Nowland Two PRD. Executed as of the date first above -mentioned I1� ' �:4 :1` •I: • it %/1 ' • 1 0 • si1owl, 10 • � %%1• At Burlington, in said County and State, this 5th day of November, 1993, personally appeared G,"d C. Mot and he acknow 7N:otarylo" rument, by him signed, to be his free act and deed Before ma,Pu My commission expires 2/10/95 .2- At Burlington, in said County and State, this 5th day of November, 1993, personally appeared G,"d C. Mot and he acknow 7N:otarylo" rument, by him signed, to be his free act and deed Before ma,Pu My commission expires 2/10/95 .2- Vol; Page 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 a at Page 1/1 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 subdivision plat and to a survey entitled "Nowland Two: Overall Site Plan" dat d July, 1992, last revised October 1, 1993 and recorded in Map Volumea� at Pages'& 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 made 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 lGcc. ohn . Larkin by Stephen R. Crampton, his attorney -in -fact STATE OF VERMONT COUNTY OF CHI'ITENDEN, 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- Not 3L>j page STATE OF VERMONT COUNTY OF CHTI`TENDEN, SS. At Burlington, in said County and State, this 5th day of November, 1993, personally appeared Stephen R. Crampton, Attorney -in -Fact for John P. Larkin and he acknowledged this instrument, by him signed, to b free act and deed. Before in , - otary Public My commission expires 2/10/95 < <milotnoc.bl I > > -3- NOWLAND TWO SUBDIVISION SPEAR STREET SOUTH BURLINGTON TABLE OF HEIGHT DETERMINATION FOR STRUCTURES AND LANDSCAPING WITHIN THE DORSET PARK VIEW PROTECTION ZONES IN ACCORDANCE WITH SOUTH BURLINGTON ZONING REGULATION: Article XXV, Sections 25.401 - 25.402 (Zone A), and 25.407 - 25.408 (Zone D) Column Designations 1. House lot number according to FitzPatrick-Llewellyn Incorporated Overall Site Plan, Project Number 92045, drawing number D-4382 2. Dorset Park View Protection Zone (VPZ), A or D (See South Burlington Zoning Regs) EXHIBIT A 3. Distance from Dorset Park VPZ baseline to center of house lot 4. Maximum elevation of structures and trees on house lot TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 1 A 5900 416.7 2 A 5900 416.7 3 A 5850 416.9 4 A 5850 416.9 5 D 5900 430.9 6 D 6000 430.8 7 D 6000 430.8 8 D 6100 430.7 9 D 5900 430.9 10 D 5850 430.9 11 D 5850 430.9 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Vol. P C � 3�'" Nowland Two Sul ✓ision (Cont.) TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 12 D 5800 430.9 13 D 5800 430.9 14 D 5750 431.0 15 D 5720 431.0 16 A 5650 417.5 17 A*565,0W4175 18 A19 A20 A .6 21 A 5500 417.9 22 A 5500 417.9 23 A 5500 417.9 24 D 5550 431.1 25 D 5550 431.1 26 D 5560 431.1 27 D 5600 431.1 28 D 5610 431.1 29 D 5650 431.0 30 D 5680 431.0 31 D 5720 431.0 D --]32 5780 431.0 FITZPATRICK-LI.EWELLYN INCORPORATED Engineering and Planning Services a Nowland Two Subdivis z (Cont.) TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 12 D 5800 430.9 13 D 5800 430.9 14 D 5750 431.0 15 D 5720 431.0 16 A 5650 417.5 17 A 5650 417.5 18 A 5650 417.5 19 A 5600 417.6 20 A 5620 417.6 21 A 5500 417.9 22 A 5500 417.9 23 A 5500 417.9 24 D 5550 431.1 25 D 5550 431.1 26 D 5560 431.1 27 D 5600 431.1 28 D 5610 431.1 29 D 5650 431.0 30 D 5680 431.0 31 D 5720 431.0 32 D 5780 431.0 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Vol. 353 Pa 59/ 9 i Nowland Two odivision (Cont.) age 76� TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 33 D 5680 431.0 34 D 5560 431.1 35 D 5520 431.2 36 D 5500 431.2 37 D 5460 431.2 38 D 5420 431.2 39 D 5400 431.2 40 D 5370 431.3 41 D 5350 431.3 42 A 5330 418.5 43 A 5300 418.6 44 A 5280 418.6 45 A 5300 418.6 46 A 5340 418.5 47 A 5420 418.2 48 A 5540 417.8 49 A 5660 417.5 50 A 5660 417.5 51 A 5660 417.5 52 A 4900 419.8 53 A 4900 419.8 54 A 4950 419.7 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Nowland Two Subdivip'on (Cont.) VOL 3 s3 P e LJ Wf6:92W1t.r TABLE OF HEIGHT DETERMINATION 1 2 3 4 Lot # VPZ Distance Maximum Elevation 55 A 4950 419.7 56 A 4970 419.6 57 A 5000 419.5 58 A 5000 419.5 59 D 5000 431.5 60 D 5000 431.5 61 D 5000 431.5 62 D 5000 431.5 63 D 4840 431.6 64 D 4740 431.7 65 D 4800 431.6 66 D 4800 431.6 67 A 4800 420.1 68 A 4800 420.1 69 A 4780 420.2 70 A 4750 420.3 71 A 4750 420.3 72 A 4730 420.3 73 A 4700 420.4 TITZPATRICK-LLEWE•LLYN INCORPORATED Engineering and Planning Services END CAE DOCUMENT RECREATION PATH EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that the a Vermont corporation with its principal place of business in South Burlington, Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, to it paid by the CITY OF SOUTH BURLINGTON, a municipal corporation existing under the laws of the State of Vermont, Grantee, hereby GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of constructing and maintaining a recreational pathway for public use over, on and through property in the City of South Burlington, County of Chittenden and State of Vermont, described as follows: A strip of land twenty feet (201) in width as depicted on a plan entitled " " and recorded in Map Volume , Page of the City of South Burlington Land Records. Said easement and right-of-way shall be used by the public as a recreational and bicycle pathway subject to the condition that no motorized traffic, including, but not limited to, motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this 1 FORM 0139 - REA easement and temporary construction easement shall be restored to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors, that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right-of- way five feet on each side of said permanent easement and right- of-way is hereby granted. Said temporary easement and right-of- way shall expire once construction is completed and the 'recreational pathway is open to the public. The within Grantor, its successors and assigns, shall have the right to make use of the surface of the right-of-way and easement such as shall not be inconsistent with the use of said right-of- way, but specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of this easement by the Grantee. Being a portion of the lands and premises conveyed to the within Grantor by Warranty Deed of dated and recorded in Volume Page of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for itself and its successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the rights as aforesaid and that Grantor, and its successor and assigns shall Warrant and Defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, hereunto sets its hands and seals this day of 19 IN PRESENCE OF: By: Its duly authorized agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of 19_, personally appeared duly authorized agent of the signer and sealer of the foregoing written instrument, and acknowledged the same to be his/her free act and deed and the free act and deed of the Before me, Notary Public FORM0139.rea 3 M-) Li'Lq,�'i P --'27 1,P -5-4, , a , 7 e cam• 0 SEEI-7,:9' Zlk,--- Cr ------------- r �, i q - -- - I~ Sop ` + 1 f WAD . O - FI &1 Q (, M(,ico r 17 a.oae sett �i n,�3 sa.xi. i -ATS . .Ivne /coHt`D 11.ur M t, ed cow REVISED BO, Row DESCRIPTION M FJKfe MIM To MC .00vvo 0 Olt. < acrgcr rwy n.s.fr 08 %3 AM 9^ 1 - NSF EGOA/OMOU Ff..QJ�$ {/G F� 1' LEGEND PERIMETER PROPERTY -LINE OTHER PROPERTY LINE PROPOSED LOT LINE ----"----- PROPOSED CENTERLINE OF ROADWAY — R.O. W. / EASEMENT LINE C IRON PIN FOUND ° CONCRETE MONUMENT FOUND A CALCULATED POINT 0 FENCE POST CORNER RECEIVEv JUN 0 9 1992 City of So. Burlington 1U0TE5 • gITF, A.ze--. Ion 7 acRsg •SON//-/4 2 65ACIC66 yflu Fed ♦ocE 111 1-"ITS, 2 / 12 A.CXES / au re4 Aae-P, IZ u/JITS i23 Uwae, •PRD/O I 97UNIT 5NGL,i FAcMILy De767Gk&+p 90' GdL. �e e.aG �oA A-aw (DdZeF/F-LV ot. Ewr Bo' loe, MIA4. LO% reaw-rd.GE MIA41MU/A 4 � I zF— loo, w 1'y0' /30D0 BF IZ AGIC64 OrICtJ t.'A4GG/REG �F�a77�T0l1 /A/GL(JOGs 5As-^kbe. of we.TL.A•A/DS (CL,c6e, 2 ) Gs"L-c AVI.OT uo4u LAXt i - po. aoK 419a 410 .9"a46"e u6 R,D auu uulnN vr. OGYaf. •N9: sa. 6"9-L ua,.l, VT. o&vo y . t A-V%1,aYco WAT11L %Wtty nuv e.A"rulc`( sews e. CoL4.6G7'iaw 4wfMd To 66 Muw,c4F4LL4,le 0"60 GRAPHIC SCALE ( IN ?=T l NO WLAND PROPERTY II �,a SKETCH PLAN F���pQ�G°�OCao �������a INCORPORATED L �r,.k »o ....... a,� WILLISTON VERMONT 9�µ5 tiUC. x1990 J'd"5PA4JBM'� _ a • 3594 RECEIVED .TUN 0 9 1992 City of So. Burlington 4" roic .6 M6114 To MCLOGWooV GIG. < a[WnGT ✓r--y n4wr 1 ^^ $f1 W \ 1 VV N/F fGOA/OMdU F�Q/1S AVG FFI 1( LEGEND A_,jav aa•OY LOr ILMWT ..Ys I a.oao cols ei ,4a,9S IcAl 0 aewee. 4 wA OIL H6,7*1. Jps ft6*I {sur fs ed o row ua a 0 REVISED BOA R.O.W. MJB PERIMETER PROPERTX LINE OTHER PROPERTY LINE PROPOSED LOT LINE PROPOSED CENTERLINE OF ROADWAY R.O. W. / EASEMENT LINE IRON PIN FOUND CONCPETF MONUMENT FOUND CALCULATED POINT FENCE POST CORNER I OTES •a✓IT6 AJEEA. Coro'C AC126e, •ri=ONING 2 5 5 Ac"Vel Z V44 Pose Acaflm I I I UNrTry 2 / I2 AGICBFi / aU eC4 AGOG 12 UIJITres UIJ IT', •PROI°t�at0 97UIJIT POW - 5vv6L/i F+uq/L.y Dr7AriFlLwn 90' C.cIL.. �e 4AG /00' /+1/IJ. LOr FQOffJ'AG6 MIA41M UAA L+� 6496 /00' K 150' /3000 SF /2 AG464, Oer.4j �AGb/IeEGAeE6rT�Ol�-/l/GCIJOf�s 5AGIL6ri OFWF_TL A.Q0S, (CLA$s 7 ) • OwuEK°,J OF OftdDtO AWO APPt-IC_A r!E, : Q044LIo atil oT _14NIu LA)Lt" Po. dow 4193 410 4kb .lrl,s- IeD 6ue"Ad 1vo.4, VT. 06Vo4.00 sailµ e4je,II..1apil \/I: atwo y . IrOLOWAYcr, wa.7rlc 1011"Ay aro 1A0J rAXy SaWt.F- COU r1-,TIAv 4M*4 To 66 MLjwIc4r*.4Y 6VIW60 GRAPHIC SCALE (INrm) I In•1 - to n. NO WLAND PROPERTY II SKETCH PLAN E�� E n I MAU—�990 W INCORPORATED RP RAITND LL ENGINEERING NID .I.NiMIN. 4RnC15 WILLISTON VERMONT niwc*..r. onn JAS MJB a • 35R4 I QE I City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 22, 1992 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: PUD, Nowland Property II Dear Mr. Steele: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meetings and comments from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please be sure someone is present on Tuesday, May 26, 1992 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Si cerely, Az- oe Weith, City Planner Encls JW/mcp cc: Gerald Milot John Larkin FITZPATRICK•LLEWELLYN INCOF MATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878.3000 TO )& WE ARE SENDING YOU B' Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints Plans ❑ Copy of letter ❑ Change order ❑ MFUME > o1FU D MSEDIMML ❑ Samples COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 the following items: ❑ Specifications ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS _ COPY TO SIGNED: 2Ae PRODUCT 240.2 eBs I... Drtm, Men 0147i. If enclosures are not as noted, kindly notify us at one TO: FROM: RE: 1. 2. 3. 5. 5nutil Tiviurliugton Nirr Drpttrtturnt ll Yi 575 Dorset ttreet totttb !Surtingtnn. liermunt 05403 1 f` SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE MAY 26,1992 AGENDA ITEMS GARY BOURNE OLD VERMONT GAS BUILDING SWIFT STREET _ THE PLAN WAS REVIEWED BY THIS DEPARTMENT AND AT THIS TIME THE ONLY PROBLEM I SEE IS BECAUSE OF MIX USE AND ONE BEING A REPAIR GARAGE THE PLANS BY STATE LAW IS REQUIRED TO BE REVIEWED BY THE STATE DEPARTMENT OF LABOR AND INDUSTRY TO MAKE SURE IT MEETS FIRE SAFETY LAWS. NOWLAND PROPERTY II SPEAR STREET PROJSCT #89098 (802) 658-7960 AT THIS TIME I DO NOT SEE A PROBLEM WITH THE PROJECT LAY OUT BUT BEFORE FINAL APPROVAL BY THE PLANNING COMMISSION I WILL NEED MORE INFORMATION AND WATER SYSTEM AND FIRE FLOW AS WELL AS HYDRANT LOCATIONS. SOUTHEAST SUMMIT PROJECT DORSET STREET PLANS WERE REVIEWED AND AT THIS TIME THE FOLLOWING MUST IS NEEDED: A. THERE SHOULD BE AT LEAST TWO WAYS IN TO THE PROJECT DUE TO THE SIZ) B. MORE INFORMATION ON WATER SYSTEM AND FIRE FLOWS AS WELL AS HYDRANT LOCATIONS. BUSINESS PARK NORTH LOT #3 DAN O'BRIEN PROPERTY KIMBALL-AVE. PLAN REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT FOR WHAT IS IS TO USED FOR AS A STORAGE AREA. 6. PERRYS PROPERTY SHELBURNE ROAD. PROJECT # 834 FARMER'S MARKET PLAN REVIEWED AND I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT. 1 .. .. ., 1.77. T Tom ° jff: lU AP / I Z -4G,e E e Ack-'&la? Z Z76-4 )aC-- e- AGe-E l Ol11 pE4 AGe.81 p�20�o I°U t? - /C-44/b y �Z. UIJIT` 1- 3 ulJ iT acfi;7;� n �o l� b w ��6r✓K'FI�G.v ��. �7: 80' /001 MIN, Lor FeON-rAG,E M/"/M uo LC?- Sl z e /00 , x I �O /3000 SF A046e:y O� l•.! 5 AGp-F�> 6'-�>+' wE [.�tilOS T Ge"L't7 MIL O 1 moo+++ (.QF2-KJ1-L e a el-4" Clj"o" v % o yo lA �f l q 3 -r-� 1 �,�,J ►Q •C,NJCj'dl.-(i V o QowaYS, w�'ii rz �uppGy �r� e -r 4.i w�r� CoLc.�GTloti.► To muoiotia4L' " Du/"60 ------ �. ����t��.�l�--�1e�. I�tD12-(E{• _ o� �6E12���t,D 'DID ,_-------- a A ems. �x-rF�4-E�{b►.-1 S�ow�.�o. 200 P6e-I�H or 12-F1 D►2 GRAPHIC SCALE 100 200 400 800 um ( IN FEET ) 1 inch = 200 ft. A.- PRI, MAY 2 0, 1992 P-E-z -R S 'T R E E T --- - --- ----- -- __ _ 27*47630.04 57" w -- -- -- -- CA Z 11 CIO�/O L µE �� z n }- N 26'56'48" EEi I- 1� onlum O Ac Eb �74 M �,�oo waon erc . TOTAL AREA= -7.4 ACRE 1,66.7ocrS 3 ` � 2ti �d le IUrct IoK `( Iold►-li- '51 p81 � H� m S 83 35 03, E V: �r - ��, qo 1170.40 A %- s ' BUFF To: Ray Belair, Plann r From: John Steele Date: May 20, 1992 Subject: Area Calculations for Southeast Summit and Nowland II Sketch Plans Southeast Summit/Ramsey Farm File #92039 - Site area: 202.2 acres - Designated development area as shown on City's revised Official Map = 64.1 acres - Developed area indicated on current sketch plan for 238 unit PRD (D 4275) = 66.4 acres Nowland Property II File #92045 - Site area = 66.7 acres - Developed area indicated on current sketch plan for 90 unit PRD (D 3594) = 54.6 acres - Designated development areas indicated on City's revised Official Map and adjusted to reflect the approved 2 lot Nowland subdivision, Deerfield Drive extension, and on site delineation of class 2 wetlands with 50" buffer = 40.6 acres - Designated development area indicated on City's revised Official Map at 1" = 600" 27.7 acres Notes regarding Nowland Sketch Plan, the location of proposed arterial rights -of -way and verification of wetlands. 1. The diagonal N-S arterial route through the center of the 5 acre class 2 wetland was taken from the City's Official Map, adopted 9-11-90. (The 9-29-89 SE Quadrant Study placed the N-S arterial south of the wetland). FITZPATRIC K- LLEWELLYN INCORPORATED Engineering and Planning Services 2. The revised Official Map conforms the N-S arterial route to the alignment shown in the S.E. Quadrant Study. However, it does not reflect the adjusted E-W Deerfield Drive extension shown on the approved plat for the two lot Nowland II subdivision. 3. Discussions about arterial road locations during the S.E. Quadrant Study gave greater importance to an east -west arterial connection between Spear Street and Dorset Street opposite Deerfield Drive. Less importance was placed on the diagonal north -south arterial route. Within the context of this clear preference for the E-W Deerfield Drive extension, it seems reasonable to consider offsetting the alignment of the N-S arterial and locating its northern segment east of the Nowland parcel as indicated on the current Sketch Plan (D 3594). In addition, this alignment avoids crossing the wetlands. 4. On -site delineation of the class 2 wetland was carried out by Brad Wheeler, Certified Professional Soil Scientist for the Johnson Co. Inc. His work is reflected in current sketch plan. cc: John Larkin Gerald Milot Alan Bartlett FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planrnnq Services I City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 12, 1992 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: PUD, Nowland Property II Dear Mr. Steele: ZONING ADMINISTRATOR 658-7958 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, June 16, 1992 at 7:30 P.M. to represent your request.. If you have any questions, please give me a call. i cerely, -1 e Weith, City Planner Encls JW/mcp cc: Gerald Milot John Larkin TO: FROM: RE: 1. gm 3. 5. §§uut1 Surltngtnn Nire +13epttrtntent 573 B nr,iet Street Knuth 'Surliugtnn. Vermout 05403 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE MAY 26,1992 AGENDA ITEMS GARY BOURNE OLD VERMONT GAS BUILDING SWIFT STREET THE PLAN WAS REVIEWED BY THIS DEPARTMENT AND AT THIS TIME THE ONLY PROBLEM I SEE IS BECAUSE OF MIX USE AND ONE BEING A REPAIR GARAGE THE PLANS BY STATE LAW IS REQUIRED TO BE REVIEWED BY THE STATE DEPARTMENT OF LABOR AND INDUSTRY TO MAKE SURE IT MEETS FIRE SAFETY LAWS. NOWLAND PROPERTY II SPEAR STREET PROJSCT #89098 (802) 658-7°rn AT THIS TIME I DO NOT SEE A PROBLEM WITH THE PROJECT LAY OUT BUT BEFORE FINAL APPROVAL BY THE PLANNING COMMISSION I WILL NEED MORE INFORMATION AND WATER SYSTEM AND FIRE FLOW AS WELL AS HYDRANT LOCATIONS. SOUTHEAST SUMMIT PROJECT DORSET STREET PLANS WERE REVIEWED AND AT THIS TIME THE FOLLOWING MUST IS NEEDED: A. THERE SHOULD BE AT LEAST TWO WAYS IN TO THE PROJECT DUE TO THE SIZ) B. MORE INFORMATION ON WATER SYSTEM AND FIRE FLOWS AS WELL AS HYDRANT LOCATIONS. BUSINESS PARK NORTH LOT #3 DAN O'BRIEN PROPERTY KIMBALL AVE. PLAN REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT FOR WHAT IS IS TO USED FOR AS A STORAGE AREA. 6. PERRYS PROPERTY SHELBURNE ROAD. PROJECT # 834 FARMER'S MARKET n l Rr✓aD Y /,//F UN6woRTH �I �5 Y 92 A voe un a/ qt 9T JA S �� � 4 < t SEW EL (i�a 4 09'•: JLi $ u i1 1L ✓r .'rsa✓ 6LT 7 O tvU ,Ja4 l 1 8C REV/5£D ec, RCN M✓B Ni/ 1)A TF 0F5CRIP/I0N AY ® WLvfFK Mau 0 N -�_9Gu/EK >� PUMP +T•1�+ . `m �v/F DE/JKeR 5 p6.24 NIP EGdMdMOU FA MS, #4G � 1 LEGEND — --- PERIMETER PROPERTY LINE s� ---------- OTHER PROPERTY LINE -- --- PROPOSED LOT LINE — — — -- — PROPOSED CENTERLINE OF ROADWAY — --- — --- — R.0.W,. / E4SEMENT LINE c IRON PIN FOUND CONCRETE MONUMENT FOUND • CALCULATEO POINT o FENCE POST CORNER N/F FA �RELL `Ln NO3 u O A \ m 4° FOt! e 14A.- TO / .'"�/Y) 1. HeLO -AYow VPLC 4 atrntr PicwY Pi,N.rT 1 ' x� \STE - - L0C US-_--_ N T, 5 --� N07Eel ---. • �rr6 A e0o (pi0 t ACQ6 K 2 5 S Ace& Z Dca PEA aG2E 1 11 UMl1ry R / 1 Z .4ck=:, l 0L4 UMITr, z�S ( W tT s •P�2oro�ep 93 u�IT Purim - giv�t e FAMILy aefsrU+En 90' C.Uf., De SL.c moo' $Cow (-D6EKF/BLV asp. 67- ao' /00' MI/J. Ldr PQowrAG6 µ/MIµ 41A C.G`r ;,, z 0 /00' I JO' /5000 SF IZ AGIC6i O�tJ PAGE/12EG/ZE 4%�0/1-//JL'.I DOES 5A0Ae6/o sPmWPTLA;40S (CLASS Q • OuAu62$ dF 1t6CP0',I7 Aldo Ge"";' P411,0T ,pUu LA)UUi4 Po Iso- 4113 eueuuc�ro,14, ter, o'.vo% -awl, sce.rn+ r,�euu�tn'-'1 vr. osyo3 . uoAowAyy, wA-MIQ ,uvvr.T Auv cdM u�Y E� Go��6LTla+ S"44 To 6e MuulaPAUX du/MBo R -m ECE IVE MAY 0 5 1992 CitxAQfCSo.SCABurlington I mob - zoa «. PRIM i c,. /,PH a D 1392 NO nAND PROPERTY II SKETCH PLAN 89098 LAuG-1990 �LSLSL U R INCORPORATED JAq MLUSTON VERMONT CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Gerald Milot John Larkin PO Box 4193 410 Shelburne Road Burlington, VT 05406- S. Burlington, VT 05403 4 b. Applicant Gerald Milot and John Larkin c . Contact John Steele, FitzPatrick-Llewellyn Incorporated, One Wentworth Drive, Williston, VT 05495 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 66.7 acre, 90 unit residential PUD east of Spear Street opposite Deerfield Drive; a.k.a. Nowland Property II 3) Applicant's legal interest in the property (fee simple, option, etc. fee simple 4) Names of owners of record of all contiguous properties Underwood, Molton, Stevens, Jen Fu Chen, Gagnon, Meridith, Atkins, Denker. Farrell. Isham. Ecmomou Farms Inc. 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Proposed route for north -south 80' arterial R.O.W.; class 2 wetlands 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Extension of Deerfield Drive and north end access; extension of municiple water and sewer 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Plannipg Commission which affect the proposed subdivision, and include the dates of such actions: 2-4-92 Final Plat Approval for 127.4 acre 2 lot subdivision; 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. C (Sig t,,Ure) applicant or contact person John Steele 4/29/92 Date /-I/F IQ6I.D y N/F- uM3wo,erM I_ 1•L9 9L /AorbSeJ (AI.T N•S Gd fow I 7JP 90 kfVlSfO BOA RO.W _- NO. 11A rF DESLRIPr1pN 6JO.04' V1 cs \ m I .v/F 0604eR NI,- FAIKELL N ` p•i /p6 2A 51 e/J \ �� NSF f.GPVOMOU F,Lcrosl .PIG \\ s OFFIGI/+L. Mdl' LgGEND _ --- --- PERIMETER PROPERTY LINE -------- — 01NER PROPERTY L/Nf \ --------- PROPOSED LOT LINE ---------PROPOSED CENTERLINE OF ROADWAY - — -- R.O.W. / EASEMENT LINE 0 IRON PIN FOUND CONCRETE MONUMENT FOUND • CALCULATED POINT FENCE POST CORNER =11wiff"M LOCUS N. I S. OT�a _ _• •IJI TC AeEA. 7 ACIe6S • �ON/N C. e 2 5 5 aGe-Ec. z DU Peti' Acece I I I LNJl1lz;, R. I 1 Z AckE C, I Du ee< um rrei i L:J LIIJ IT�i •PROP'MeO 90 UI-IIT eU0 - 5W&4.E FAAflt y D27a7c,'HEd 90' Cal- Ve 3,AA- Go0-ow (V6E.KF1PLV 04C. Exr 8e /00' MIN. LOT Foe0WrAG,E MINIMOAA i3O SIff E 100' K 150' /3000 SF f 2 AGK.F.ri O�I.J ;�A.GG / 12E,GA2! yAi7•/O/1-/A/CLUDE�i 3iGKFii DFWF.TL.AAJl7�;� (CLd.r` 2) • OwuEI"OW Of 4'CL'nC0 A.+o AVVu�AHT, PO 6or v193 '00 SNtL,BuCue 4D 6u K+.uvTOH !T. OiYO po •41�i gpxrlI Y."44_LL.Ia", ,?. 09N0'+y . j0A.PolAr7 wAMOL su✓roy AUV 'LI•NTAXY _;EWbt_ COLA.GTIO J 2w16H To G& Muwoc4pOAU.Y OwNEO - GRAPHIC SCALE --- �p 200 fL — — ---- PRIM Eu APR 29 1992 NO WLAND PROPERTY II SKETCH PLAN E L E W E L �/f j�(j AUG KI990 L \rJ jJ A.... — INCORPORATED J/•S M.,ee au�.t.Nc .Hn ruwuno a.Has G 35-j4 WILLISTON VERMONT CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant _Larkin-Milot Partnership, 410 Shelburne Rd., S. Burlington, VT 2 ) Name of Subdivision Nowland II 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 No change. 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: 73 lot, 66.7 acre PRD; same as approved at the 3/30 Preliminary Plat Hearing. 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. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for su ivi/.�,ion. T (Sign$tua�e) applicant or contact person Date John 4. 'Steele FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive 0 Williston • Vermont • 05495 • (802) 878-3000 24 June 1993 Mr. Charles Hafter, Manager City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Nowland II Residential Subdivision Spear Street, South Burlington, Vermont FILE: 92045 Dear Mr. Hafter: On behalf of our Clients, Gerald Milot and John Larkin, we are cur- rently seeking Local and Act 250 approvals for a planned residen- tial development consisting of 73 four bedroom single family lots on 66.7 acres east of Spear Street opposite Deerfield Drive. The Planning Commission approved the preliminary plat application and a sewer allocation of 46,927 gpd at its 3/30/93 hearing. In accordance with Act 250 Criterion 7), it must be demonstrated that sufficient solid waste disposal capacity exists to provide solid waste disposal service to the proposed Project. A letter is required from the landfill operator involved in providing service to the Project to ensure that the development can be adequately serviced. Please review the enclosed site plan and respond with your comments on the City and its affiliate's capacity to provide service to the proposed Project. If we can be of further assistance in your review, please contact us. In addition, please complete the enclosed Municipal Impact Questionnaire and return it to me at your earliest convenience. Thank you for your time. Sincerely, FIT PATRICK-LLEWELLYN INCORPORATED hn A. Steele Enclosure cc: Gerald Milot John Larkin JAS#5:92045LTR Design • Inspection 0 Studies • Permitting 0 Surveying liimney a � ;, ,r.. < i !.: � :q•.. ��11 /i /'�,�:: , � Nam" • .. t ~ )hy I .. �J: ` 1: `/ 1 • Burlington i' •� Burlingt _•� r. r '�+ Country Club I iC /� �` /% �• n g. Ballkj� . Cen •' `- ParI •� /: i o; C /••• • /u =. ��•� _ • � I • f4� i p�i`2'.� / `� ••• f it 1 4 89 tj It ak Led Itlzr rook. /• ' I it i IV _(j oil_ BM � � 1 � � - - � � .; ( 1 ..` ( tea, +• a cs 86• 1100 1 I IO • \ , j/ 1 \ (J gLv pill If 9 •c: �., i \11 ��� •fr indmillJ\��, V, " a" k Ir The 1�10 �Y L.J � 1� Y � � \\ ' '\x ,SATE •• „�i � \ •a'0 ni � . 5PSAX,_ ST _ 50UTH 150EL.406�0 ACT 250 MUNICIPAL IHPACT QUESTIONNAIRE Applicant to Complete: Applicant Name Municipality Title and Date of Site Plan Reviewed Town Manager, Department Heads, or Equivalent to Complete: a. Does the municipality have the capacity to provide the following services without unreasonable burdens for the above project: Fire Protection? Yes or _No? Police Protection? </1es� or No? Rescue Service? 7-�es or No? Solid Waste Disposal? _Yes or D46? Road Maintenance? ZJ_res or No? b. If "no", what are the deficiencies? >zsL_iD C,.c A-S?'L .DISP6SAL IS III S 7E Z>IS r7Q/c T. c. If the service is unavailable from the municipality, who provides the service so that the town doesn't have to? See A Oby& d. Would the deficiencies occur without this project? Yes or _No? If no what measures can the applicant take to alleviate the deficiencies? e. If the deficiencies are common to many projects, does this project create burdens which are disproportLonate to the taxes and user fees to be paid to the municipality? _Yes or --No? If "yes", does the municipality recommend the imposition of an impact fee or other means to mitigate any unreasonable burdens? I certify that the above information is tru d accurate to the best of my knowledge. r Name 6 7-7' Position Date Are you available, after sufficient notice, to apswer questions related to the above statements at an Act 250 hearing? ._/Yes or _No? 3/89 : MUNQUES.DOC owti--�1J► b � U -sue. t�1 tl.b I i-� f� t✓�V l�� c,� �, s .?' L.s" 8 G► ► d� t t N/F A TKINS 630 o4s''• S 5138'55 " E 0.35' TV Ln I (.SjFEE tom zs if / IZ - -- - ------ - _01, N/F iI I ---------ti---------- FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 29 September 1993 Mr. Lou Borie District #4 Coordinator 111 West Street Essex Junction, Vermont 05452 RE: #4C0942, Larkin Milot Partnership, South Burlington Nowland Two Subdivision, Spear Street, South Burlington FILE: 92045 Dear Mr. Borie: As per Gerry Milot's request I am forwarding to you and all parties a copy of a revised Schedule "A" construction costs. If you have questions, please call. Sincerely, FITZPATRICK-LLEWEI,L'YN INCORPORATED Ar. i, ohnSteele cc: All parties Enclosure JAS#5/baf:92039-9 Design 0 Inspection 0 Studies 0 Permitting 0 Surveying #-)Zo41g7- SCHEDULE A Fee Information ACT 250 Submit with the application a check payable to the "State of Vermont". Municipal and state agency projects are exempt. Not -for -profits are not exempt. Calculate the fee using the following table: 1) Number of lots to be created 77 x $50.00 = $ 3850, 2) Gravel Pits: $.10/cubic yard of the estimated annual extraction rate $ 3) Construction costs (include only common facilities for subdivisions): Site preparation $. 12,000 Buildings: a) sq. ft. b) $ Per sq. ft. total. (a x b) $ -0- Roads and parking $ qo 6 gR Uti 1 i ties $ 741,352 Off -site impravements $ 206,000 Landscaping $ 95,000 Other $ -0- Total costs $ 1,960,450 x 0.00425 = $ 8,331 4) Total Fee = $ 12,181 * Minimum fee of $100 for new applications Minimum fee of $25 for agent applications Treat agmsions of approved projects as new applications SUBDIVISION PERMIT % WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT Submit with the application a check payable to the "State of Vermont" if, you are concurrently applying for a Subdivision Permit or Water Supply and Wastewater Disposal Permit from the Protection Division of the Department of Environmental Conservation, Agency of Natural Resources. Calculate the fee from the following table: Subdivisions: Public Buildings, Camp - one lot under 10 acres $100 per grounds, Mobile Home Parks: two to five lots under 10 acres lot (waste water flows)* six to ten lots under 10 acres $.36 per gallon of more than ten lots under 10 acres design flow with a $100 each deferred lot $25 minimum Fee attached $ * contact the Regional Engineer for the Protection Division if uncertain I attest by my signature tha he above is ue to the best of my knowledc . A vlll� � (IAd<,r (signs or applicant or agent) 9/91 (a)SCHEDA.DOC CERTIFICATE OF SERVICE I hereby certify that I, John Steele, Fitzpatrick -Llewellyn Incorporated sent copies of the revised Schedule A construction costs for APPLICATION #4C0942, by U.S. Mail, postage paid, on this 29 day of September, 1993 to the following: PARTIES: Gerald Milot P.O. Box 4193 Burlington, Vermont 05406 John Larkin 410 Shelburne Road South Burlington, Vermont 05403 John Ponsetto, Esq. Gravel & Shea P.O. Box 369 Burlington, Vermont 05402-0369 John A. Steele FitzPatrick-Llewellyn Incorporated One Wentworth Drive Williston, Vermont 05495 Chair, Selectboard Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Arthur Hogan, Jr., Executive Director Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, Vermont 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, Vermont 05676 Gary Farrell Sheraton Burlington Conference Center 870 Williston Road South Burlington, Vermont 05403 Sandra Leonard P.O. Box 64896 Burlington, Vermont 05406 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services G.- PROPERTIES INC. September 22, 1993 District Environmental Commission #4 Attn: John J Collins, Chairman I I I West St. Essex Jct., Vt. 05452 Re: #4C0942 Memorandum Dated 9/16/93 Dear Commission Members: In response to your questions and using your memorandum as a format, The applicant offers the following Information to enable the Commission to make positive findings under subcriteria 9(B)( ii and iv ) : 4)A. In addition to the $1,000,000 we paid to purchase the land we have an obligation to deed lots # 6,7, and 8 to Marie Underwood upon receipt of permits, without consideration, as part of an agreement reached in a partition action concerning the Nowland property ( see attached agreement ). In our original presentation, I used a cost per lot of $51,608, which was obtained by dividing the total land and improvements cost ($3,767,450) by 73 lots. This number should be obtained by using 70 lots rather than 73. The new cost per lot is therefore $53,820. With that in mind, the following analysis is correct; Total Land Cost - $1,575,000 Total Improvement Cost - 2,192,450 Total Basis - $3,767,450 Gross Sales Proceeds: (70 lots x $ 70,000) - 4,900,000 Less marketing - 294,000 Less land and development costs - 3,767,450 NET PROFIT 838,550 P.O. BOX 4193 0 Bl IRI 1"r`T^ ' Return 17.1 % With this margin of profit, it may be necessary for us to contribute an additional 3% in cash to obtain financing to proceed. Lenders usually require 20% return or equity position. 4 (b) There has been no appraisal of the property in the last five years since private financing was involved. We presently have a mortgage to the seller in the amount of $1,000,000 at 10% interest with 15 year term. 4 (c) The City assessment is $82,500 for the entire 67.3 acres.It has been the City's policy to value undeveloped land, which has received no permits for development, in the Southeast Quadrant using the following formula: They assume one house will be built on each individual parcel, regardless of size. They allocate 5 acres to the house site and assess it at $20,000, They then assess the balance at $1,000 per acre. Our site is 67.5 acres House site 5 acres at $20,000 Balance 62.5 acres at 62,500 Current Assessment $82,500 When a parcel receives permits the assessment is adjusted to reflect the current value of $20,000 per unimproved house site. The last reappraisal in So. Burlington was 1985. Some comparable sales in the vicinity are: A & G Associates to City of So. Burlington - 1987 60 acres at $750,000 Dorset st. (Park land, no permits) Rena Caulkins to City of So. Burlington - 1990 100 acres at $1,200,000 Dorset St. (Park land, no permits) A & G Investments to Homestead Design et al - 1987 40 acres with permits for 170 Dorset St. units - $2,720,000 These comparable sales illustrate the disparity between assessed value and fair market value in the southeast quadrant. I hope this clarifies any questions you have concerning value and returns. I apologize for the oversight concerning the number of lots. I simply forgot that the three lots along Spear Street should not have been included in the calculations provided to meet our burden of evidence under subcriteria 9 ( B )( i ) . This additional corrected financial information should be considered along with the evidence we submitted as part of record at the hearing concerning a negative return if an additional 15% of the agricultural soils were required to remain undeveloped by eliminating lots 52 through 73. The revised information should be combined with the six factors listed in the evidence we previously submitted to support our contention that the project as designed is the one with the least adverse impact on agricultural soils that would still yield a reasonable return in light of the economic risks involved to the applicant Sincerely , Lald C. Milot CERTIFICATE OF SERVICE I hereby certify that I, Gerald C. Milot, a general partner of Larkin/Milot Partnership, sent a copy of the foregoing response letter regarding application 44C0942m by U.S. Mail, postage paid, on the 23 day of September, 1993 to the following: PARTIES: Chair, Selectboard Chair, City Planning Commission City of So. Burlington 575 Dorset St. So. Burlington, VT 05403 Arthur Hogan, Jr., Executive Director Chittenden County Regional Planning Commission P.O. Box 108 Essex Jct., VT 05452 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main St., - 2 Center Waterbury, VT 05676 Gary Farrell Sheraton Burlington Conference Center 870 Williston Road So. Burlington, VT 05403 FOR YOUR INFORMATION Louis Borie, District #4 Coordinator District #4 Environmental Commission 111 West Street Essex Jct., VT 05452 Dated at Burlington, Vermont this 23 day of September, 1993. Lar ' lot Partnership by Gerald C. Milot ''1 -Iml%� AGREEMENT THIS AGREEMENT, by and between Gerald C. Milot, of Burlington, County of Chittenden, Slate of Vermont and John P. Larkin, of Burlington, County of Chittenden, State of Vermont ("Milot/Lark in") and Marie Underwood, of South Burlington, Vermont ("Underwood"). WiTNESSETH: WHEREAS, Milot/Larkin and Underwood hold title to a parcel of unimproved land of 127.4 acres as tenants in common, said property located adjacent to and easterly of Spear Street in the City of South Burlington, Vermont (the "Property"); and WHEREAS, Milo(/Larkin and Underwood have agreed to partition the Property among them so that each one of them will own 63.7 acres; and WHEREAS, when the transaction to accomplish the partition is completed, Underwood shall be the sole owner of 60.7 acres comprising the southerly portion of the Property and shall be the sole owner of three (3) one (1) acre lots (the "Lots") adjacent to and easterly of Spear Street in the northwesterly corner of the Property, and Milot/Larkin shall be the sole owners of 63.7 acres comprising the balance of the northerly portion of the Property; and WHEREAS, Milot/Larkin and Underwood have received final plat approval to subdivide the Property into Parcels A and B, a copy of said final approved plat being attached as Exhibit A hereto (the "Final Plat"); and WHEREAS, Milot/Larkin and Underwood have agreed, as part of the approval given by the South Burlington Planning Commission, to execute it Notice of Development Conditions and an Offer of Irrevocable Dedication setting forth the terms and conditions related to a strip of land earmarked for future municipal road purposes, copies of which are attached as Exhibit B1 and 132; and WHEREAS, upon recording of the mylar of the Final Plat, Milot/Larkin intend to file an application to develop Parccl A as set forth in it sketch plan attached as Exhibit C, which sketch plan includes the creation of the Lots necessary to complete the partition of the Property as described hereinabove. NOW TiIEREFORE, for valuable consideration paid by each party to the other, it is covenanted and agreed as follows: 1. At the time the Final Plat is tendered to the South Burlington Planning Commission for execution and recordation in the South Burlington City Land Records, Milot/Larkin and Underwood shall simultaneously tender the executed Notice of Development Conditions, Offer of irrevocable Dedication, and Warranty Deed to the City of South Burlington in the form and content set forth as Exhibit B 1 and B2. 2. Upon recordation of the Final Plat in the land records of the City of South Burlington, Underwood shall execute it warranty deed conveying marketable title to her one-half interest in Parccl A to Milot/Larkin. Milot/Larkin shall execute a Warranty Deed conveying marketable title to its one-half undivided interest in Parcel B to Underwood. 3. Milot/Larkin shall promptly file their application for the development of Parccl A in accordance with the sketch plan set forth as Exhibit C, and shall expeditiously seek to obtain final subdivision approval for the development. Underwood has reviewed the sketch plan and has approved the configuration and access for the Lots to be conveyed to her upon Milot/Larkin's receipt of final subdivision approval and receipt of all other municipal and state permits necessary to enable construction of the development to begin. 4. The application for development of Parccl A shall include water, sanitary sewer, and electricity for the Lots, and in the course of constructing the development, Milot/Larkin shall extend utility lines and pipes for water and sanitary sewagesrrviccs to the perinicier boundary of one of the Lots. Underwood shall then be responsible for extending said services to service the three Lots. 5. If the South Burlington Planning Commission, or the requirements of any other municipal or stale permits or approvals require a reconfiguration or change of access affecting one or more of the Lots, Underwood's prior approval shall be required before such changes are agreed to by Milo(/Larkin. G. Upon receiving the last of all required final permits to enable the commencement of construction of the development approved for Parccl A, Milot/Larkin shall convey marketable title to the Lots to Underwood, subject only to the terms and conditions of the permits and approvals obtained, thereby consummating the last of the transactions necessary to achieve the partition agreed upon by the parties. 7. Milot/Larkin further agree that they shall construct utility lines and pipes for water, sanitary sewer, and electricity within the strip of land to a point adjacent to the northerly boundary of Parccl B in the course of constructing the development approved for Parcel A. Said lines and pipes shall be of suitable size to provide service to any subsequent development occurring on Parcel B. 8. In the event a legal action is brought by either party to enforce the terms of this Agreement, the party found to be in default pursuant to an order issued by the Chittenden County Superior Court shall pay all costs reasonably incurred by the prevailing party, including reasonable attorney's fees. Dated this 651 day of February, 1992. IN PRESENCE OF: kize as'to JPL i as to JPL � Witness as to MU Witness as to MU STATE OF VERMONT COUNTY OF CHITTENDEN, SS Gerald C. Milot Marie Underwood At Burlington, in said County and State, this bq"ay of February, 1992, personally appeared t icrald C. Milot and he acknowledged this instrument, by him signed, to be his free act and deed. Before me, i ` L�l� ic--� Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At L , in said County and State, this / O day of February, 1992, personally appeared John P. Larkin, and K acknowledged this instrument, by him signed, to be his fret ac and deed.. j, Before me, � � ��� Notary Public My commission expires: 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At `` ! , in said Countv and State. this .i ( • . day of Feb "Try, 1992, personally appeared Marie Underwood and she acknowled *cd this instrument b her signed, to he her free act and (Iced. 6 � Y g Before me, ` No ary Public My commission expires 2/10/95 IMinagree.bol I -2- Z. III - �: •- ..� - r .. \ _a • - r1 T LOCUS aPA'^iDSEC '.LE' ROAD c, —s'OH -- • _s; o .:.�.:• 'l� NOTES 06 I .. '•� • 1(. � . ... .. -. I. Cx•:E?iA°PLEA•:' Lii: FAR T7.CP5'.? R r 4 _ nOC� ILI •' ��" a I y I - ATO -ELS•,PNrA AD �'l :J.•,, •..�� .1 7 -�`''� SO 5URL�TO•.. :T��^'—'i-yr.— ��.... :.�J '�T7 '•"'( 'i, 7 IOTA: PAVE. 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' •. •. —.--_- _ _.__— I NC CEPIC rpN or N> C 'PROSEO dTY P/RK• AND -ALLCN R: AJ •� �\ CX•fNSIOh• OV TIC'S SL,&.70SOV PLAV IS TO AC—OMLC_—Of NE . , ., 1 •� i __ - EX SINCE OF NOSE ✓w:: PAL FAPUYS ON Tf•E /h7f4Y Oar_ A. m4P NE LANDS WNIY .'f•f EWYDAVCS 00' NE FA4Y AAD R:A✓ II I .. t _ I r' i ♦ CJNNCCrON WNT NE=A OIAL OP yME n STD 1J NE c'• t.'SCR'S RESP.?'.53.ITY TO C-S..f'E NESE C-A.%,:S I•. __..CF NE ATFST REf•y _ LEGEND L dv3 �..�..�.. of?.vE TER PFC:�fRTr Lr:C Fc;i;✓%A4Y PLAT ACT 75O _ 1 ISS Y_cES �-j-� - l f -- rNAI PLATICO'•5.'R:/C TTfaV —.— N 1•..... ,I A ..---_.._ OTtiER PROPERTY L'•:f ::-- -:: ::--_+` 'G f :.;.•. — II ; . .�... �..•� —0-0 ED LOT LINE-- P O N' /EASEMENT LINE D = NO J11AND PROPEL �•, Pov FO:1110 STY II I, • CALCU.ATED PO'NT __._.—--___.. — .— -- F',.-E PCST CC -?NCR Rav o,v TO BE SET SUBDIVISION PLAN • , CO':CRCTF wONUNfNT 70 BE SET • TEST pr- - -- — POµfRi POLE ��4> - _ 5-C-W Do AP, n r A•.r vn II3/456 .::UUC / PACC CE£D PEYEPCNCE. Lea �ZyEL0 J 5.3 •.-• CR SURLfY RCE£R£72f CITY or «c s.a.gp S-.. SDU717 114:0LI7+CTOV LAND RECORD.' _ _ c—.cv EXHIBIT B1 NOTICE OF DEVELOPMENT CONDITIONS This notice made this _ day of February, 1992, by Gerald C. Milot, of Burlington, County of Chittenden, State of Vermont, and John P. Larkin, of Burlington, County of Chittenden, State of Vermont, and Marie Underwood, of South Burlington, County of Chittenden, State of Vermont, (the "Owners"). WITNESSETH: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the final subdivision approval of the Planning Commission dated February 4, 1992, contains the following conditions: (a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development: (b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty (80) foot strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the reminder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligation to actually con -met the. a°:'�zi a^,_': ::l.t:e ;h3;i not arise until the subsequent subdivi;:ion of each lot nas received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. 4. The obligations imposed hereby shall not relieve the owners from compliance with applicable provisions of City ordinances regarding public road access to major or secondary streets including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the land and any part thereof. IN WITNESS WIIEPJ--OF, the Owners hereby execute this docsWent as of the day first above written. IN PRESENCE OF: OWNERS Witness as to MU Witness as to MU Witness as to GCM Witness as to GCM Witness as to JPL Witness as to JPL STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Marie Underwood Gerald C. Milot John P. Larkin At South Burlington, in said County and State, this day of February, 1992, personally appeared Marie Underwood and she acknowledged this instrument, by her signed, to be her tree act and deed. STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Before me. Notary Public My commission expires 2/10/95 At Burlington, in said County and State, this day of February, 1992, personally appeared Gerald C. Milot, and he acknowledged this instrument, by him signed, to be his free act and deed. STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Before me, Notary Public My commission expires 2/10/95 At South Burlington, in said County and State, this day of February, 1992, personally appeared John P. Larkin, and he acknowledged this instrument, by him signed, to be his free act and deed. II&mnote.b01 j Before me, Notary Public My commission expires 2/10/95 EXHIBIT 132 OFFER OF IRREVOCABLE DEDICATION Agreement made this day of February, 1992, by and between Gerald C. Milot, of Burlington, County of Chittenden, State of Vermont, John P. Larkin, of Burlington, County of Chittcnden, State of Vermont and Marie Underwood, of South Burlington, County of Chittenden, State of Vermont (the "Owners") and the City of South Burlington (the "City"). WITNESSETH WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat entitled: "Subdivision Plan Nowland Property 11" dated March, 1991, last revised June 13, 19<)1, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission dated February 4, 1992, contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: OWNERS Witness as to MU Witness as to MU Witness as to GCM Witness as to GCM Witness as to JPL Witness as to JPL Marie Underwood Gerald C. Milot John P. Larkin STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of February, 1992, personally appeared MARIE UNDERWOOD and she acknowledged this instrument, by her signed, to be her free act and deed. Before m Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington, in said County and State, this day of February, 1992, personally appeared GERALD C. MILOT, and he acknowledged this instrument, by him signed, to be his free act and deed. STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Before m Notary Public My commission expires 2/10/95 At , in said County and State, this day of February, 1992, personally appeared JOHN P. LARKIN, and he acknowledged this instrument, by him signed, to be his free act and deed. [Mmoffer.b01 l Before me. Notary Public My commission expires 2/10/95 -2- STEVEN F. STITZEI. PATTI R. PAGE* DIANNE L. KENNEY (*ALSO ADMITTED IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 OF COUNSEL, ARTHUR W.CERNOSIA September 20, 1993 Mr. Joseph Weith, Planner South Burlington Offices 575 Dorset Street South Burlington, Vermont 05403 Re: In Re: Plat Application of Larkin-Milot Partnership for Planned Residential Development Dear Joe: I have filed the enclosed Notice of Appeal with the Chittenden Superior Court. Please see that all persons who participated as parties before the Planning Commission regarding this matter are provided a copy of the Notice of Appeal. Very truly yours, Steven F. Stitzel SFS/mdm Enclosure SON1220.cor #1980 STEVEN F. STITZEL PATTI R. PAGE• DIANNE L. KENNEY (*AI,SO AIIMI-17ED IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 OF COUNSEL ARTHUR W.CERNOSIA September 20, 1993 Ms. Diane A. Lavallee, Clerk Chittenden Superior Court PO Box 187 Burlington, VT 05402-0187 Re: In Re: Plat Application of Larkin - Milot Partnership for Planned Residential Development Dear Diane: I have enclosed a Notice of Appeal for filing together with a check for the filing fee of $85. I have also enclosed a Notice of Appearance on behalf of the City of South Burlington. Very truly yours, Steven Stitzel SFS/mdm Enclosure cc: William Schroeder, Esq. Joseph Weith ✓ SON1219.cor #1980 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. IN RE: PLAT APPLICATION OF ) CHITTENDEN SUPERIOR COURT LARKIN-MILOT PARTNERSHIP FOR ) PLANNED RESIDENTIAL DEVELOPMENT) Docket No. NOTICE OF APPEARANCE NOW COMES Steven F. Stitzel, of the firm of Stitzel & Page, P.C., and hereby enters his appearance in the above -referenced matter by and on behalf of the City of South Burlington. Dated at Burlington, Vermont, this 20th day of September, 1993. STITZEL & PAGE, P.C. Attorneys for the City of South Burlington Steven F. Stitzel SON552.1it STiTZEL & PAGE. P.C. # 19 8 0 ATTORNF,YS AT LAW 171 BA'rmi, Y STREE7 3 URIANGTON. VERMONT Ofi401 C H= T T E N D E N A U N T Y S HER 2 F F- S D E P A R T M E N T P _ O _ Bcax 1426 Burlington, VermC>nt 05402 R E T U R N O F S E R V 2 C E On the _day of ��' 19 I made service of the following document(s) upon the defendant n ( ) Summons ( ) Interrogatories ( ) Complaint ( ) Exhibits) ( ) Motion (s) ( ) Writ of Possession ( ) Affidavit ( ) Judgment Order ( ) Summons to Trustee ( ) Order ( ) List of Exemptions ( ) Memorandum of Law ( ) Disclosure Under Oath ( ) N(pMice of c �- 17fctS11) ( ) Final Order O r� S. Ai(J Al1N CUXtJ.fr'1 /G 1 ( ) Writ of Attachment ( ) Trustee Disclosure N ( ) Recognizance ( ) Subpoena/ Witness fees of ?V) /- �ERI►' f-` (� r ► �� u S �� i .$ r/ � �.5�0 0 W by delivering a copy of same to the defendant. ( ) by delivering a copy of same to ( ) a person of suitable age and discretion and then and there a resident at the usual -place of abode of said defendant. ( ) At l % • VVk AAr0 3((i Vermont, (for each of them) a copy thereof with my return endorsed thereon. Service Copies $ Travel Miles Postage Copying Copies Town Clerk Pages Notary Fee Other TOTAL $ STATE OF VERMONT CHITTENDEN COUNTY, SS IN RE: ) PLAT APPLICATION OF LARKIN- ) MILOT PARTNERSHIP FOR PLANNED ) RESIDENTIAL DEVELOPMENT ) CHITTENDEN SUPERIOR COURT DOCKET NO. NOTICE OF APPEAL FROM DECISION OF THE CITY OF SOUTH BURLINGTON PLANNING COMMISSION 1. Appellant William Gilbert of South Burlington, Vermont, is a citizen of the City of South Burlington and is an owner of a 5 acre parcel of land in the City of South Burlington in the immediate neighborhood of the property which Larkin-Milot Partnership seeks to subdivide. Appellant is an interested party as defined in 24 V.S.A. §4464(b)(3), and brings this appeal pursuant to 24 V.S.A. §4475. 2. Appellant appeals from the decision of the City of South Burlington Planning Commission of August 10, 1993 by which it approved a Final Plat application of Larkin-Milot Partnership for a planned residential development consisting of 73 single family lots on 66.7 acres of land located on the east side of Spear Street in the City of South Burlington, also referred to as the "Nowland II Tract" (the "Application"). 3. Appellant maintains that the Application, as approved, violates the City of South Burlington Zoning and Subdivision Regulations and Official Zoning Map, and Appellant maintains that the Application, as approved, violates the policies, DOWNS RACI-ILIN & MARTIN PROFESSIONAL CORPORATION BURLINGTON. V! ST. JOHNSBURY, VC BRAT'IT.EBORO, VP • LPITLETON. NH purposes, and terms of the City of South Burlington Comprehensive Town Plan, including, but not limited to: a. Approval of the creation of lots within the lands designated as "Wetland" and "restricted area" and areas designated as right of way for a future north -south connector road and in contravention of goals for maintaining an open space corridor along the north -south arterial highway (Spear Street) in the Southeast Quadrant on the Southeast Quadrant Official Zoning Map. b. Approval of density in excess of permitted density of 2 units per developable acre under the Zoning Ordinance and Comprehensive Plan of the City of South Burlington for the Southeast Quadrant and as established by the "Southeast Quadrant Goals Based Plan" which is Appendix E of the City of South Burlington Goals Based Plan. C. Approval of adverse impacts to traffic, wetlands, aesthetics, scenic and other impacts prohibited by said Plan and Zoning Bylaws of the City of South Burlington. 4. Appellant maintains that the Application, as approved, violates the Municipal and Regional Planning and Development Laws of the State of Vermont, including, but not limited to: a. The Applicant did not submit to the Planning Commission the submissions under 24 V.S.A. § 4407(3) relating to planned residential development. 5. Appellant requests trial de novo in the Chittenden Superior Court of all issues required for approval of the Application pursuant to 24 V.S.A. §4475, 24 V.S.A. §4472(a) and Rule 74 of the Vermont Rules of Civil Procedure. 6. Appellant requests that the clerk or chairperson of the City of South Burlington Planning Commission transmit this Fd DOWNS RACi-ILIN & MARTIN PROFESSIONAL CORPORATION BURLINGTON. VT • ST. JOHNSBURY, VC BRATTLEBORO, VT LITTLETON, NH Notice of Appeal directly to the clerk of the Chittenden County Superior Court, with the enclosed filing fee check. 7. Appellant also requests that the record on appeal include all plans and documents filed with the City of South Burlington Planning Commission by Larkin-Milot Partnership. Dated in Burlington, Vermont this 91� day of September, 1993. B3/18.0903 DOWNS RACHLIN & MARTIN WiLuAM M/. BY W tM la►M, �. �Lj/\AA— S011zo F.Dtit �o✓ Marc B. Heath Attorney for Appellant William Gilbert 199 Main Street, P.O. Box 190 Burlington, VT 05402-0190 (802) 863-2375 DOWNS RA AC & MARTIN PROFESSIONAL ('09141RANON BURL.INGTON, VT Sl'. JOIINSBURY, VI' BRATTLBBORO, VT LITTLE]ON, N I I STATE OF VERMONT CHITTENDEN COUNTY, SS IN RE: ) PLAT APPLICATION OF LARKIN- ) MILOT PARTNERSHIP FOR PLANNED ) RESIDENTIAL DEVELOPMENT ) CHITTENDEN SUPERIOR COURT DOCKET NO. CERTIFICATE OF SERVICE I hereby certify that on this day of September, 1993 I served NOTICE OF APPEAL FROM DECISION OF THE CITY OF SOUTH BURLINGTON PLANNING COMMISSION on all parties listed on the attached service list via first class postage -prepaid mail. Dated in Burlington, Vermont this 9_ day of September, 1993. B3/W18/0909 DOW HLIN & TIN By (i Marc B. H ath Attorney for Appellant William Gilbert 199 Main Street, P.O. Box 190 Burlington, VT 05402-0190 (802) 863-2375 DOWNS RAcmAN & MARTIN PROI I.\\II)NAL CORI'))RAHON BURLINGTON, VT ST. JOHNSBURY, V'I' BRATTLEBORO. VT LITTLETON, NH SERVICE LIST Gary Farrell 1350 Spear Street South Burlington, VT 05403 Dean Economou Notch Brook Road Stowe, VT 05672 Marie Underwood 1589 Spear Street South Burlington, VT 05403 Arthur & Mary Boyd 1520 Spear Street South Burlington, VT 05403 Michael J. Scollins, M.D. 214 Meadowood Drive South Burlington, VT 05403 Mary Lawlor 1431 Spear Street South Burlington, VT 05403 Ila Ilsham 1225 Dorset Street South Burlington, VT 05403 Douglas Meredith 1500 Spear Street South Burlington, VT 05403 Franklin Lamoille Bank c/o Gordon C. Gebauer, Esq. P.O. Box 1505 Burlington, VT 05402 Larkin-Milot Partnership c/o John Ponsetto, Esquire Gravel & Shea P.O. Box 369 Burlington, VT 05402-0369 Margareta Dencker 1430 Spear Street South Burlington, VT 05403 Raymond & Norma Unsworth P.O. Box 4060 South Burlington, VT 05403 Alman Atkins 1460 Spear Street South Burlington, VT 05403 Jen-Fu & Lucia Chiu 1560 Spear Street South Burlington, VT 05403 William A. Gilbert 1400 Spear Street South Burlington, VT 05403 Samuel C. Palmisano, Esq. P.O. Box 552 Barre, VT 05641 William & Jane Ready 1680 Spear Street South Burlington, VT 05403 William Schroeder, Esquire P.O. Box 190 Burlington, VT 05402-0190 CCRPC P.O. Box 108 Essex Junction, VT 05453 DOWNS RA ,I ILIN & MARTIN 11RO11 Sti1ON.A1. CORN)RAHON BURLINGTON. VT • ST. JOHNSBURY, VP • BRAVI'LEBORO, VT • LITTLETON, NH Agency of Natural Resources Department of Environmental Conservation NOTICE Please be notified, as per Section 8.4 of the Vermont Wetland Rules, that the request for a Conditional Use Determination received from Gerald Milot to construct a roadway and install a buried sewer line in a Class Two wetland, and construct a bicycle path and stormwater pond in the 50 foot buffer ,zone has becn a - proved on Of Ma.+'A\ , 1994. It was found by the Agency of Natural Resources that this conditional use will not result in any undue, adverse effects to the protected functions of the significant wetland located on the east side of Spear Street, opposite Overlook Park in South Burlington. This decision can be appealed within 30 days to the Water Resources Board pursuant to 10 V.S.A. Section 1269. Eric R. Sorenson Assistant Wetlands Coordinator Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, Vermont 05671-0408 cc: Distribution List Conditional Use Determination Section 8 - Vermont Wetland Rules In the matter of: Gerald Milot P.O. Box 4193 Burlington, VT 05406-4193 Application for the construction of a roadway and installation of a buried utility line through a Class Two wetland and construction of a bicycle path and stormwater pond in the 50 foot buffer zone Spear Street, South Burlington Nowland II Subdivision File # 90-110 The Vermont Agency of Natural Resources received application #90-110 for a Conditional Use Determination. This application has been publicly posted and notice sent to all parties as required by Section 8.3 of the Vermont Wetland Rules. Findings of Fact After careful examination of this application, the Agency finds: 1. A complete application was received from Gerald Milot through his representatives The Johnson Company and Fitzpatrick -Llewellyn, Inc. for Conditional Use Determination #90-110. 2. The wetland and adjacent 50 foot buffer zone are located on the east side of Spear Street, opposite Deerfield Drive and Overlook Park. 3. Lisa Borre, Wetland Specialist conducted a site visit to the subject property with Lance Llewellyn on May 1, 1990. Eric Sorenson, Assistant Wetlands Coordinator conducted a site visit on November 23, 1993. 4. The subject wetland is identified as a Palustrine scrub - shrub and emergent wetland (PSS1/EMY) on the National Wetlands Inventory maps and is designated as a Class Two wetland by the Water Resources Board in the Vermont Wetland Rules. Gerald Milot Conditional Use Determination 190-110 Page 2 5. The subject wetland occupies a drainage divide. The majority of the wetland drains to the north and is the headwater of a tributary stream to Potash Brook. The southern portion of the wetland is a very narrow valley containing an intermittent stream which becomes an unnamed tributary of Munroe Brook. The wetland is dominated by sedges, reed canary grass, red osier dogwood and willow. The northern portion of the wetland contains some standing water seasonally, whereas the southern portion is a wet meadow with only seasonally saturated soils. The portion of the wetland on the subject property is surrounded by old hay fields, while the northern portion is surrounded by active agricultural fields, a wooded area, and some residential development. 6. This proposal involves the development of a 77 lot planned residential development served by municipal sewer and water and the construction of 7,000 linear feet of 30 foot wide public road. The proposal involves filling 3,616 square feet of Class Two wetland for the construction of a roadway, disturbing 464 square feet of wetland for the installation of an underground utility pipeline, and the filling and disturbance of 27,600 square feet of 50 foot buffer zone for the construction of the roadway, a stormwater pond, and a bicycle path. 7. The applicant has submitted site plans prepared by Fitzpatrick -Llewellyn, Inc., entitled "Nowland Two, South Burlington, Vermont", with the following plan titles, sheet number, and revision dates: "Overall Site Plan", sheet 3, 8/30/93; "Site and Utilities Plan", sheet 6, 1/25/94; "Site and Utilities Plan", sheet 8, 10/5/93; "Site and Utilities Plan", sheet 9, 10/5/93; "Erosion Control Plans, sheets 18, 20, and 21, 10/5/93; "Roadway Details", sheet 22, 10/4/93; "Typical Details", sheets 23 and 25, 8/30/92; and "Specifications", sheet 26, 5/25/93. 8. The Agency finds that the protected functions of the wetland in question include at least the following: water storage for flood water and storm runoff, surface water quality protection, and wildlife and migratory bird habitat. 9. The Agency finds that the following functions are either not present or are present at such a minimal level as to not be protected functions: fisheries habitat, hydrophytic vegetation habitat, threatened and endangered species habitat, education and research in natural science, recreational value and economic benefit, open space and Gerald Milot Conditional Use Determination #90-110 Page 3 aesthetics, and erosion control through binding and stabilizing the soil. 10. The wetlands on the subject site have been delineated by Bradley Wheeler of The Johnson Company and are accurately depicted on the project site plans. A small Class Three wetland was recently delineated and is shown on "Site and Utilities Plan" sheet 6. 11. There is a distinct narrowing of the wetland located approximately 750 feet north of the proposed Deerfield Drive Extension crossing of the wetland. This narrow section of the wetland is approximately 20 feet wide for a distance of 150 feet. From this narrow section south to the southern end of the wetland, the wetland is approximately 50 feet wide. The Agency finds that this southern 900 foot section of wetland provides only a surface water quality protection function at a significant level. 12. The surface water quality protection function of this section of wetland is provided by the dense, persistent emergent and shrub vegetation in the wetland which slows surface water runoff, traps sediments, and allows for uptake of nutrients and binding of contaminants. All of the proposed impacts to the wetland and buffer zone associated with this project are within or along this 900 foot section of narrow wetland. As the vegetation of the wetland will be maintained in all areas except the road crossing, no adverse effects on this function are expected. 13. No wetland specific details of the proposed 8 inch sewer line crossing of the wetland were provided with the application. The proposed crossing is located at the narrowest section of the wetland. No adverse effects on wetland functions are expected from this crossing as long as the additional conditions of this decision are followed. 14. The functions of water storage for flood water and storm runoff and wildlife and migratory bird habitat are provided primarily by the northern basin of the wetland. Migrating waterfowl are reported to use the northern portion of the wetland and the adjacent agricultural fields north of the subject property. No impacts are proposed to the wetland that would have an adverse effect on the function of providing temporary storage of storm runoff. 15. The project site plans show that the 50 foot buffer zone of the Class Two wetland extends onto proposed lots numbered Gerald Milot Conditional Use Determination #90-110 Page 4 34, 35, 36, 39, 40, 42, 43, and 44. The Agency has expressed concern over this design to the applicant's representative Fitzpatrick -Llewellyn, Inc. in two letters from Ms. Borre dated May 2, 1990 and January 15, 1991 and in recent telephone conversations from Mr. Sorenson. The applicant has not proposed any measures to protect this 50 foot buffer zone from disturbance. The maintenance of an undisturbed 50 foot buffer zone is essential to the longterm protection of the wildlife habitat function of this wetland. The Aaencv finds that the wildlife and migratory bird habitat function of the wetland will not be unduly adversely effected, and future lot owners will be adequately notified of restrictions to protect this wetland buffer zone, as long as the additional conditions of this decision are followed. 16. The proposed erosion control measures, if properly maintained, should adequately protect the wetland and buffer zone from the sedimentation. 17. Stormwater Discharge Permit Number 1-1155 was issued for this project on December 20, 1993 by the Agency. 18. The proposed project would result in the filling of 3,616 square feet of Class Two wetland. In addition, the project would result in the filling of 18,295 square feet of Class Three wetland with a proposal to compensate for this filling with the construction of 26,136 square feet of Class Three wetland. If the project is constructed according to the specifications of the application and accompanying site plans, and the conditions of this Conditional Use Determination, the resulting wetland filling and alteration is not expected to result in any violations of the Vermont Water Quality Standards. Conclusions of Law Based on information provided by the applicant and their representatives in the application for Conditional Use Determination, the Agency of Natural Resources concludes: Under Section 8 of the Vermont Wetland Rules, effective February 23, 1990, the Secretary may authorize conditional uses in a significant wetland or in its adjacent buffer zone. The Rules state that each Class Two wetland is presumed to serve all of the wetland functions identified in the Rules (Section 4.2b). Protected functions are distinguished from other wetland Gerald Milot Conditional Use Determination #90-110 Page 5 functions in Section 2.20, as those functions that make a wetland so significant they merit protection under these rules. Under Section 8.5a, the Secretary may only authorize a conditional use when it is determined that the proposed conditional use will have no undue adverse effect on the protected functions, unless the Secretary determines such impacts are sufficiently mitigated. The Agency determines that the proposed conditional use, described in the Findings of Fact and in the Conditional Use Determination application in question; will have no undue adverse impacts to the protected functions of the Class Two wetland or associated buffer zone on this subject property or the adjacent wetland complex if it is modified as below. Decision 1. The Vermont Agency of Natural Resources finds, that on the basis of the information provided in the application for Conditional Use Determination, there is reasonable assurance that the proposed conditional use will have no undue adverse effects on the protected functions of the significant wetland on this property providing that the provisions of the application are supplemented with the procedures described below. This Conditional Use Determination is therefore approved with the following conditions: A. All activity must be carried out consistent with the proposal in Conditional Use Determination Application #90- 110 and all submittals listed in Finding of Fact #7 above. B. The applicant shall notify the Vermont Wetlands Office prior to the start of this project. C. The proposed erosion control measures shall be properly installed prior to any construction at the limits of proposed disturbance in the wetland and 50 foot buffer zones and shall be regularly maintained. Sediments shall be cleaned out when they have reached half the height of the fence or haybale, and before major predicted rainfall events. Removed sediments shall be disposed of in a stable, upland area outside the 50 foot buffer zone. All disturbed soils in the 50 foot buffer zone shall be seeded and mulched immediately following final grading. All sediment barriers shall be removed following the successful establishment of vegetation. D. The installation of a buried sewer line through the wetland Gerald Milot Conditional Use Determination #90-110 Page 6 and adjacent 50 foot buffer zone shall occur during the growing season between June 1 and October 1. All work in the wetland and 50 foot buffer zone shall be completed in no more than a four day period. In the wetland portion of the crossing, excavated soils shall be stockpiled on filter fabric to prevent unnecessary disturbance of the adjacent wetland. The upper 12 inches of topsoil shall be stockpiled separately and returned to the top of the back -filled trench so as to restore pre -disturbance contours. Exposed soils in the wetland shall be covered with straw mulch. E. In order to protect the wildlife habitat function of the wetland and to prevent disturbance to the 50 foot buffer zone of the wetland by future lot owners either one of the following two conditions shall be implemented: i. The project site plans shall be revised so that the 50 foot wetland buffer zone is contained entirely on Common Land, and does not extend onto any proposed lots. This revised plan shall be submitted to the Wetlands Office of the Agency of Natural Resources for written approval prior to the commencement of construction on the site. ii. The applicant shall have this Conditional Use Determination and the site plans showing the Class Two wetland and 50 foot buffer zone boundaries recorded in the land records of the Town of South Burlington for all affected lands and the applicant shall have this Conditional Use Determination and the site plans referenced in any deed for the property to be sold as Lots 34, 35, 36, 39, 40, 42, 43, and 44. The applicant shall supply the Vermont Wetlands Office with a copy of correspondence with the Town of South Burlington certifying that the restrictions have been recorded prior to the commencement of construction on the site. F. The applicant shall plant a line of northern white cedar (Thuja occidentalis) along the 50 foot buffer zone on the western side of the wetland adjacent to Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45. The cedars shall be spaced no more than 20 feet apart and shall be balled root or potted stock, at least three feet tall. The planted trees shall be monitored yearly for five years following planting, and any trees that die shall be replaced with trees of equal or greater size. In addition, a wooden fence, at least four feet high shall be constructed along the 50 foot buffer zone adjacent to these lots on the Gerald Milot Conditional Use Determination #90-110 Page 7 western side of the planted cedars. The plantings and fence shall be in place prior to the sale of any affected lots. G. On the subject property, other than Allowed Uses listed in Section 6.2 of the Vermont Wetland Rules, there shall be no future mowing, cutting or clearing of vegetation, filling, grading, dredging, draining, or changing the flow of water into or out of the Class Two wetland or 50 foot buffer zone without first obtaining a Conditional Use Determination from the Agency. H. The applicant shall have this Conditional Use Determination and the site plans showing the Class Two wetland and 50 foot buffer zone boundaries recorded in the land records of the Town of South Burlington for all affected lands referred to as Common Land on the project site plans. The applicant shall supply the Vermont Wetlands Office with a copy of correspondence with the Town of South Burlington certifying that the restrictions have been recorded prior to the commencement of construction on the site. In addition, the applicant shall include language in protective covenants for the wetland and 50 foot buffer zone portions of the common land prohibiting mowing, cutting or clearing of vegetation, filling, grading, dredging, draining, or changing the flow of water into or out of the Class Two wetland or 50 foot buffer zone. I. Upon completion of the proposed work in the wetland and/or buffer zone, a Registered Engineer shall supply the Vermont Wetlands Office with a letter certifying that the project was constructed in compliance with the conditions of this determination. J. All proposed activities in the wetland and adjacent 50 foot buffer zone, carried out in compliance with Condition A, B, C, D, E, H, and I must be completed within five years of the date of this determination. K. The applicant shall monitor the wetland adjacent to the proposed road crossing and sewer line crossing annually during early July for five years following construction for the nuisance plant species purple loosestrife (Lythrum salicaria) and common reed (Phragmites austraiis). All nuisance plants found shall be pulled by hand and disposed of by burial or burning in a non -wetland location. Descriptions of these two plant species are attached to this decision. Gerald Milot Conditional Use Determination #90-110 Page 8 2. The Agency maintains continuing jurisdiction over this project and may at any time order remedial measures be taken if it appears likely that adverse impacts to the protected functions and values will occur. 3. This Conditional Use Determination does not relieve the applicant of responsibility to comply with any other applicable federal, state, and local laws, regulations, and permits. 4. The Department, by issuing this Conditional Use Determination, accepts no legal responsibility for any damage direct or indirect of whatever nature and by whomever suffered arising out of the project described. Barbara G. Ripley, Secretary Agenc f Natural es urces Director, Water Quality Dated at l Waterbury Vermont this 61 � day of , 1994. BGR\DLC\es FITZPATRICK•LLEWELLYN INCO'"' RATED Engineering and Planning S ces One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO - f WE ARE SENDING YOU d Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ L IM` E OF MUM UUMA:�L ATTENT "� . _%�U the following items: FI Samples ❑ Specifications DESCRIPTION J - / Illl �w7LC'VIE. THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS MAR 2 5 1994 ❑ Resubmit�gpdf ba . PEIRMington ElSubmit copies for distribution ❑ Return corrected prints Ll PRINTS RETURNED AFTER LOAN TO US COPY TO 4 40 % Pre -Consumer Content r PRODUCT240 ees Inc., Won, Mm. 01471. If enclosures are not as noted, kindly notify us at STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. SPITZEL FAX (802) 660-2552 OF COUNSEL PATTI R. PAGE* ARTHUR W. CERNOSIA ---- ROBERT E.FLETCHER DIANNE L. KENNEY (#ALSO AOMI'1" EA) IN N.Y.) May 9, 1994 11.r. Charles Hefter, Manager City of South Burlington Offices 575 Dorset Street South Burlington, Vermont 05403 Re: Larkin-Milot PRD Dear Chuck: I have enclosed a copy of the Reply Memorandum filed on behalf of Larkin and Milot in the above -referenced matter. Very truly yours, kT Steven F. Stitz 1 SFS/mld Enclosure SON1395.cor STATE OF VERMONT CHITTENDEN COUNTY, SS. IN RE: PLAT APPLICATION OF LARKIN-MILOT PARTNERSHIP FOR PLANNED RESIDENTIAL DEVELOPMENT CHITTENDEN SUPERIOR COURT T_'`r'KET NO. S1224-93 CnC RESPONDENT'S OPPOSITION TO APPELLANTS CROSS -MOTION FOR SUMMARY JUDGMENT, AND REPLY MEMORANDUM IN SUPPORT OF RESPONDENT'S MOTION FOR SUMMARY JUDGMENT Respondent/Appellee Larkin-Milot Partnership ("L-M"), by and through its attorneys, Gravel and Shea, herewith (1) opposes Appe:lant's Cross -Motion for Summary Judgment, and (2) further supports its own motion for summary judgment, as follows: ARGUMENT The central issue presented by the parties' respective summary judgment motions is identical: Should a density determination for a propcnsed subdivision in South Burlington's "Southeast Quadrant" ("SEQ") be made solely and strictly in accordance with the objective formula established in the South Burlington zoning ordinance, or should it be subject to further analysis under the amorphous and inherently subjective goals of the city's Comprehensive Plan? Vermont law, logic, and policy all counsel that the answer ought to be the former, and not the latter. First, the specific provisions of the zoning regulations at issue are unambiguous: The maximum base density for residential development in the Southeast Quadrant is "1.1 I GRAVEL AND SHEA J ATTORNEYS A1' LAW P. O. Box 369 BURLINGTON. VERMONT 0.5402-0369 E residential units per acre," see §26.401. This formula is to be applied to the total or "gross" acreage of the entire parcel, not just to the "developable acreage" of the parcel which is the rule for planned unit developments in the rest of South Burlington, see §19.152(a). There is no dispute that the Nowland II subdivision consisting of 73 lots for single-family homes on 66.7 acres, complies with this clearly stated numerical density formula. Second, Vermont law on this subject has been remarkably consistent for the last 15 years: Since Kalakowski v John A. Russell Corp., 137 Vt. 219, 401 A.2d 906 (1979), through most recently Town of Sandgate v. Colehammer, 156 Vt. 77, 589 A.2d 1205 (1991), every decision of the Vermont Supreme Court had held -- unanimously and without dissent -- that where there is any inconsistency or conflict between specific zoning enactments and a town plan, the former prevails over the latter. Appellant's attempt here to argue that the Kalakowski line of decisions is "inapposite," and that this inconsistency is not the controlling issue in this case, is simply wrong. How can there not be inconsistency and conflict between the ordinance and the plan in this instance, when Appellant claims that the plan imposes a much more substantial limit on the permitted development density than what is otherwise clearly provided and allowed under the zoning regulations? Kalakowski surveyed various authorities on zoning issues from other jurisdictions and sources, and then concluded that: partial implementation of a plan is not unusual. The plan is merely an overall guide to community development.... It is a general guideline to the legislative body for its consideration of the municipality's land -use program GRAVEL AND Sf IE-A - 2 - ATTORNEYS AT LAW P. O, Box 369 BURLINGTON, VERMONT 05402-0369 and of the community's needs and desires.... Often stated in broad, general terms,... it is abstract and advisory. Zoning bylaws, on the other hand, are specific and regulatory.... Although the plan may recommend many desirable approaches to municipal development, only those provisions incorporated in the bylaws are legally enforceable. Id., 137 Vt. at 225-26 (emphasis added; citations omitted). Next, in Smith v. linhall Planning Commission, 140 Vt. 178, 436 A.2d 760 (1981), the Court reiterated that basic premise, and explicitly applied it to a case where there was an actual conflict between the ordinance and the plan, rather than an "inconsistency by omission" as claimed in Kalakowski: Interpretation is not required, or permitted, where the language [of the zoning ordinance] is plain. [Citing Kalakowski]. The regulations as adopted may indeed be inconsistent with the Town Plan, but the total consistency upon which this argument is predicated is not a legal requirement.... Indeed,... the regulations as adopted differed from the plan in several material respects. The trial court properly directed the... Planning Commission to issue the requested subdivision permit. Id., 140 Vt. at 183-84 (citations omitted; emphasis added). More recently, in Srnith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988), Justice Dooley wrote for the Court in rejecting an attack on a zoning change directly imposed through a referendum vote of the citizens. The attack was based on two premises: (i) that the modification was inconsistent with a town plan recommending creation of a design review district which had never been implemented, and (ii) that the plan included no reference to the more dense commercial uses which the zoning referendum subsequently allowed. GRAVEL AND SHEA ATTORNEYS AT LAW P. O. Box 369 BURLINGTON, VERMONT 05402.0369 The town plan contemplated the use of Highway -Commercial zoning at one or more of the interstate highway access points. It suggested certain detailed regulation that has not been adopted, at least at the present time. -3- The details are, however, controlled by zoning bylaws rather than the plan.... Id., 150 Vt. at 361 (emphasis added). Finally, in Colehammer, supra, the Court and Justice Dooley have squarely indicated that the Kalakowski test of "consistency" remains good law in Vermont. Numerical development density, and the formulae by which it is to be calculated in a particular instance, is one of those "details" that is "controlled by [the] zoning bylaws rather than the plan...." Here §§ 19.152(a) and 26.401 of the South Burlington Zoning Regulations clearly specify that 73 housing units on 66.7 acres is the correct result. Any general, subjective goals, or even express recommendations in the city's 1991 Comprehensive Plan which are inconsistent with or contrary to that end -- including the apparent suggestion on the Southeast Quadrant map (i.e., its "Goals Based Plan," Appendix E) that this area of Spear Street be designated as "2 Res. Units/Developable Acre" -- have no binding legal force under the KalakowskilWinhall line of authority. To the extent that such specifically inconsistent recommendations have not been explicitly incorporated and adopted into the duly -adopted zoning ordinance itself, for whatever reason, they remain nothing more than a municipal planner's wish list. Appellant tries to get around this straight -forward and logical approach to the central issue in this case, by positing that the contrary and inconsistent provisions of the plan have been adopted and incorporated into the zoning regulations, by §19.151's reference -- as a last, catch-all criterion for evaluation of PUD/PRD applications -- to conformance with South Burlington's Comprehensive Plan. First, it is by no means clear GRAVEL AND SHLA - 4 - ATTORNI?YS AT LAW P. O. Box 369 BURLINGTON. VERMONT 0.5402-0369 E that the essential premise of Appellant's argument is sound. There is nothing in the ordinance itself, or Vermont law either, that mandates 100% compliance with each and every factor listed in the 14 criteria set forth in §19.151. Rather, it is equally plausible, if not more so, that §19.151 simply commands the Planning Commission -- and thus this Court on appeal -- to consider, to the extent appropriate in a particular instance, each of the enumerated factors and criteria during its evaluation and decision -making process for the PUD/PRD application then before it! And where the general reference to the plan is not specifically precatory, as here, then it is trumped -- under basic rules of statutory construction -- by any more specific provision in the same ordinance dealing with the key question of allowable density. Section 19.151(a) is thus not controlling, to the extent it is arguably inconsistent with or contrary to the result achieved by applying the proviso to §19.152(a) together with §26.4W Second, and perhaps more important, Appellant's back -door attempt to give the Town Plan commanding authority over specifically contradictory provisions of the ordinance, would completely eliminate the "bright line" rule established by Kalakowski, IThe South Burlington Planning Commission's practice, as is apparent from its minutes and the final signed decision in this case, strongly supports this view. The Commission obviously did not feel obligated to go through each and every factor or criterion lister: under §19.151, and make specific findings or conclusions as to each one, as if §19.151 was a mandatory checklist applicable to each and every application. In that light Appellant's cryptic comment about the lack of an express finding on compliance with the Town Plan, is obviously of no moment. 21n Re Fairchild, 159 Vt. 125, 616 A.2d 228 (1992), is not to the contrary. In that case there was not only a wholesale failure by the Town to enforce its own zoning ordinance, but also a clear disregard for the court's prior reversal of a zoning permit which the Town had erroneously issued to the challenged development. Mandamus was clearly appropriate in that instance. Here there is no question of whether §19.151(a) should be applied or enforced; the question is what that application means in this particular case, given the clear legal rule of Kalakowski, et al., and the particular facts and circumstances. GRAVEL AND SHEA ATTORNEYS AT LAW P. O. Box 369 QURLINGTON, VERMONT 05402 0369 -5- linhalt, Smith and Colehammer. The catch-all criterion would become the exception that swallows the rule? Particularly on technical or numerical issues such as density calculations (as well as, for example, setback or lot coverage restrictions), our courts should be extremely hesitant to substitute subjective inquiry under the amorphous goals and objectives usually found in comprehensive plans, for the specific calculations otherwise provided in the ordinance. The perceived availability of such a line of attack on appeal, will only invite more cases such as this, and inevitably lead the Court back down that "super planning commission" road rightly foreclosed in Cllioffi v. Winooski Zoning Board, 151 Vt. 9, 556 A.2d 103 (1989). Finally, recognition of the controlling effect of specific ordinance provisions over inconsistent general statements of the plan, does not completely "emasculate" §19.151(a) as appellant claimss On planning issues where technical compliance is not at issue, or 3It is evident that in enacting the criteria of §19.151, the City of South Burlington -- as have many other municipalities in their zoning ordinances -- included the reference to the town plan primarily in effort to protect themselves, and the municipality, against the event that some important feature not otherwise covered in the ordinance, was inadvertently omitted. That is not this case. The ordinance specifically addresses the issue of SEQ density, but ultimately does so on a different basis than that recommended by the plan. `tTThe inherently subjective, and thus difficult nature of the judicial inquiry envisioned by Appellant, is exemplified by Appellant's inability under his own theory to say what the correct result should be. All that he can really say when he talks about conformance in general with the plan, is that the allowable density is something less than 73 single-family lots. 5Appellant's citation to Act 250 cases -- and to the line of Environmental Board cases which hold that under Criterion 10 of Act 250, the Board is to judge compliance solely with the town plan itself, and not to the implementing bylaws of the town -- is not persuasive. Our Supreme Court has emphasized time and again that Act 250 is a unique statute unto itself, and that its clear statutory directives are to be given effect no matter how much they may appear to vary from otherwise established land use law. Criterion 10 literally requires compliance with the town plan in order to achieve approval, and thus that is what the Board and District Commissions look for. The zoning regulations are irrelevant in that context, and hence the whole question of inconsistency between the GRAVEL AND SHEA - 6 - A7TORNEYS AT LAW P. O. Box 369 BURLINGTON, VERMONT f. 05402-0309 the ordinance does not other -wise provide a specific and readily -determinable answer -- which is not this case -- reference to the comprehensive plan may well assist the Commission in deciding to approve, disapprove or modify a given PRD/PUD application. For example, the Commission's more subjective view of how the particular application "conform[s]" to the goals and recommendations of the plan may well be relevant to deciding whether, or to what extent, to allow the 25% density bonus allowed by §26.603. See §19.152(b) ('Density increases may be permitted... according to the degree to which the development satisfies the general standards listed in Section 19.151...). Turning to Appellant's secondary argument -- -L" at 73 housing units on 66.7 acres is in fact an incorrect density calculation even assuming that §26.401 alone is controlling, because that 66.7 acres in fact includes some portions that are otherwise "restricted" or undevelopable under the ordinance -- that contention is easily disposed of. The plain, ordinary and unambiguous meaning of §26.401 is that the base residential density of parcels in the SEQ should be no more then 1.1 units per acre. Without any further language or terms in §26.401 itself, it is clear that this can only refer to the total or "gross" acreage of the parcel, without any deductions or exclusions. Even if resort to statutory construction was required, the companion proviso to §19.152(a) makes it abundantly clear that the practice of excluding restricted or non -developable acreage ordinance and the plan -- which is the decisive issue here -- is not even presented in an Act 250 case. Indeed, that is all that cases such as In Re Molgano, Case No. 8BO468-EB (December 15, 1992), really hold. The provisions in Title 24 relating to municipal planning and zoning represent an entirely separate and distinct statutory scheme, and as to them Kalakowski, et al. is controlling. GRAVEL AND SHEA - 7 - ATTORNEYS AT LAw P. O. Box 369 BURLINGTON. VERMONT 05402-"369 from density calculation does not directly apply to the SEQ. Appellant's secondary argument borders on the frivolous. CONCLUSION For all of the reasons stated herein and previously, Respondent L&M's motion. for summary judgment should be granted, and Appellant's cross -motion for summary judgment denied. Subdivision approval on the same terms as that issued by the South Burlington Planning Commission, should be issued by this Court. Dated: Burlington, Vermont April 22, 1994 GRAVEL AND SHEA Attorneys for Respondent By. G� Stephen R. Crampton, sq. < <LMOPP.L04> > GRAVEL AND SHEA - g - R` ATTORNEYS AT LAW P. O. Box 369 I4 BURLINGTON. VERMONT p': 05402-0369 l Form No. 935 Subpoena 1 J ttte Of'Vertuant Subpoena TUML x TUTBLANX REGISI _1�sy1 TUTTLE LAW PRINT. PURLISHE— Court Unit Circuit/County Docket No. Chittenden Superior Chittenden S 1224-93 CnC Check one ❑ Criminal �Q Civil ❑ Inquest ❑ Grand jury You are hereby commanded to serve on: Tncpph Wei th, City Planner City of South Burlington South Burlington, VT 05403 to appear before the Aa Superior Court ❑ District Court at the courthouse located at Street Address Town, City Date Time AM on July 12, 1994 at 4:30 P Plaintiff/State Defendant iN kE: Plat Application of Larkin-Milot Partnership For to testify in the matter of Planned Residential wx Development Signature -Judge -Clerk -Attorney Date July 11, 1994 Newm of Oerutre Date of Service Name On '. , 3! I served this subpoena upon Joseph Weith by delivering a copy of this subpoena. FEES CIVIL AND GRAND JURY (Each witness subpoenaed, in cases other than Civil and deposition, should report to the Clerk's office to receive payment) Distribution: White — Court's Copy Canary — Witness Pink — Server's Copy Form-No..935 - Subpoena (Rev. L2-92) m �ttt�E %9f �erm��tt Subpoena TUTBLANX REGISTERED U. S. PATENT OFFICE TUTTLE LAW PRINT, PUBLISHERS, RUTLAND, VT 05702 Court Unit Circuit/County Docket No. YCHITTENDEN SUPERIOR COURT CHITTENDEN '-31224- ; Check one ❑ Criminal' XX Civil ❑ Inquest ❑ Grand jury You are hereby commanded to serve on: _;Qgth Burlington Town Planning Commission, c/o 575 Darcot- qtr(-atom- South Burlington, V _rmont_ To produce h Qfficial, Zoning Map for the S F Quadrant, and the offinial WPtlancig Del_ineationMap- to appear before the 2 Superior Court ❑ District Court at the courthouse located at Street Address Town, City Date Time AM 75 Main Street BurlingtonVT on Tuesday, at 4:30 PM Plaintiff/State Defendant In Re: Plai Application of Larkin-Milot Partnership to testify in the matter of for Planned ResideV'tial Development Signature -Judge -Clef -Atto 'ey Date0�, A),y Xeturn of �&proire Date Servi e„ � Na , On I served this subpoena upon la �� AT Leon:6"i,ty To �� County�� .- y delivering a copy of this subpoena. FEES CIVIL AND GRAND JURY Miles $ Reading $ Copies $ TOTAL I $ Signature t Titl _ - L4, I s,--- � /J aa) (Each witness subpoenaed, in cases other than Civil and deposition, should report to the Clerk's office to receive payment) Distribution: White — Court's Copy Canary — Witness Pink — Server's Copy =I - AFFIDAVIT NOW COMES THE UNDERSIGNED, duly sworn, and does certify and represent as follows: 1. My name is Joe Weith. I am and have been the City Planner of the South Burlington Planning Department since June, 1988. 2. A true copy of the South East Quadrant Official Zoning Map, dated June, 1992 is attached to this Affidavit as Exhibit A (the "Zoning Map"). 3. The Zoning Map was prepared by the South Burlington Planning Department with the help of T. J. Boyle & Associates. I was the person who did the work on behalf of the South Burlington Planning Department and oversaw the preparation of the Zoning Map. 4. The source of the boundary lines on the Zoning Map which delineate those areas which are "Restricted Areas" because they constitute wetlands, are maps prepared by Natural Resource Consulting Services from 1:20000 enlargements of 1:58000 1986 color infrared aerial photographs interpreted onto 1:5000 1988 orthophotos. A copy of the NRCS map showing the Larkin Milot property is attached as Exhibit B (the "NRCS Map"). The South Burlington Planning Department traced the lines of the wetlands on the NRCS Map onto the Zoning Map as best it could. 5. The NRCS Maps were also the source of the location and boundaries for the wetlands depicted on the plan "Wetlands: South Burlington, Vermont" prepared and distributed by the Chittenden County Regional Planning Commission. A copy of the Chittenden County Regional Planning Commission plan is attached as Exhibit C (the "CCRPC Plan"). 6. Both the NRCS Map and the CCRPC plan contain disclaimers on their face that the wetland boundaries are not delineated and that they are not a replacement for an on -the -ground delineation for site -specific planning and engineering. 7. Because of the disclaimers about the boundaries of the wetlands on both the NRCS Map and CCRPC Plan, and in recognition that the lines depicting the boundaries of the wetland Restricted Areas on the Zoning Map represent only a tracing of the boundary lines from the NRCS map, the South Burlington Planning Commission has required each applicant whose application involves lands within which a wetland Restricted Area is located to submit a site -specific survey establishing the true boundaries of the wetland. The site -specific survey must be prepared by a qualified wetlands' expert. 8. The application by Larkin Milot Partnership to develop and subdivide the Knowland II property as a planned residential development included the required site - specific survey of the boundaries of the wetland located on the property. The precise wetland boundary submitted as part of the application is depicted on the survey which was given final plat approval on August 10, 1993 by the South Burlington Planning Commission. [A copy of the approved final plat is included in the record on appeal which is before this Court]. 9. Based on the site -specific boundaries of the wetland as depicted on the final survey plat, the South Burlington Planning Commission final plat approval included a stipulation specifically permitting the creation of residential lots within those portions of the wetlands Restricted Area which upon site -specific investigation proved not to qualify as a wetland. See Stipulation #2 of the final plat approval dated August 10, 1993 attached hereto as Exhibit D. [A copy of the approval is already in the record on appeal before this Court]. 10. Following the specific density provisions for the South East Quadrant set forth in Articles 26.401 and 26.403 of the City's Zoning Regulations, the South Burlington City Planning Commission approved the creation of 73 residential lots on a single parcel of land comprising 66.7 acres (1.1 residential units per acre), with all residential lots containing more than 1/4 of an acre. Dated this 30th day of June, 1994. Respectfully submitted, Jq�/Weith, South Burlington City Planner Certified and sworn to b e, otary Public My commission expires 2/10/95 < < weithaff.bO6 > > CHARLES T. SHEA STEPHEN R. CRAMPTON STEWART H. MCCONAUGHY ROBERT B. HEMLEY WILLIAM G. POST, JR. CRAIG WEATHERLY JAMES E. KNAPP JOHN R. PONSETTO DENNIS R. PEARSON PETER S. ERLY ROBERT F. O'NEILL MARGARET L. MONTGOMERY LUCY T. BROWN DAVID R. PUTNAM JAMES L. VANA Joe Wythe, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Joe: GRAVEL AND SHEA ATTORNEYS AT LAW 76 ST. PAUL STREET POST OFFICE Box 369 BURLINGTON, VERMONT 05402-0369 June 28, 1994 I enclose an extra copy of the South Burlington Wetlands Map. Cordially, GRAVEL AND SHEA Stephen R. Crampton SRC:wbb Enclosure AREA CODE 802 TELEPHONE 658-0220 FAx 658-1456 CLARKE A. GRAVEL COUNSEL NORMAN WILLIAMS SPECIAL COUNSEL Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council 'It L & M Partnership 410 Shelburne Road South Burlington, VT. 0,5403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation 11.1 West Street Essex Jct.f VT 05452 Phone ##(.802) 879-6563 TDD 1-800-253-0191 July 23, 1993 RE: Case Number EC-4-1750. 73 lot residential Subdivision located off Spear Street. City of South Burlington. Dear Gentlemen: Our office has completed an initial review of the above referenced project and has determined that the additional information listed below will be needed before approval can be granted. 1.) A new fee schedule went into effect 6/1/93. Please submit an additional $3727.00. 2.) Please specify the length of the sewer line extension as well as the infiltration calculations. 3.) Please submit a copy of the letter from the Water Supply Division of the Agency of Natural Resources approving the water main extensions. 4.1 Please revise plans to show dimensions in all lots. Dimension5are missing on at least lot 1,2,3,4, A,C, and D. } The invert out in MHB50 is lower than MHB40. 6. } Please revise plan to show water a sewer service lines on each lot. 7.} Please shop:- the a profile of the sewer line eNt.ensi.on. Please note that no construction is granted until. written approval is issued by the Division and al..l other authorities. Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield'St. Johnsbury a L & M Partnership July 23, 1993 Page 2 Please address resubmitted information to engineer in charge of project. Please submit two copies of any revised plans. Upon receipt of the above items, we shall continue our review. Should there be any further questions, please do not hesitate to contact me. Sincerely, Jessanne Fryman Assistant Regional Engineer cc:Fitzpatrick-Llewelln City of South Burlington Water Supply Division FITZPATRICK-LLEWELLYN INCC PRATED Engineering and Planning Sc, ices One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 Ild WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ • �IIIII�+� • • ' the following items: ❑ Samples ❑ Specifications .• ®' DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS / ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections El ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO 1 g� RECYCLED PAPER: SIGNED: Contents: 40 % Pre -Consumer - 10% Post -Consumer if enclosures are not as noted, kindly noti at once. r�itcejvv.,- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 15, 1994 Gerald Milot P.O. Box 4193 Burlington, Vermont 05401 Re: Conditional Use Determination, Nowland II PRD Dear Mr. Milot: MAR 1 8 1994 ►NCORC'OR���L1 (',c,n5u'�t'rr�g E�n9�nerr�r*i eI/L i ✓ Ja s c,Ou ZONING ADMINISTRATOR 658.7958 I have just reviewed your Conditional Use Determination approval for Nowland II. I would like to call to your attention two (2) conditions of approval which will require changes to the plans approved by the South Burlington Planning Commission. They are as follows: 1. Condition lE ii., which requires the plans to be revised an\ recorded :in the land records. 2. Condition F, which requires the landscaping plan to be revised to show a line of northern white cedar along the western side of the wetland. The Planning Commission must approve any changes to the plans prior to recording in the land records. In addition, the proposed plantings must not exceed the height limitations provided in the Scenic View Protection Zone. If you have any questions, please call either Joe Weith or myself. Sincerely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp � cc, 5'�I'John Steele oRb y� G. c.t .'D. Agency of Natural Resources Department of Environmental Conservation NOTICE Please be notified, as per Section 8.4 of the Vermont Wetland Rules, that the request for a Conditional Use Determination received from Gerald Milot to construct a roadway and install a buried sewer line in a Class Two wetland, and construct a bicycle —a-t tormwater pond in the 50 foot buff zone has be approved n this I to day of 199 . It was found by the Agency of Natural Resources that this conditional use will not result in any undue, adverse effects to the protected functions of the significant wetland located on the east side of Spear Street, opposite Overlook Park in South Burlington. This decision can be appealed within 30 days to the Water Resources Board pursuant to 10 V.S.A. Section 1269. Assistant Wetlands Coordinator Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, Vermont 05671-0408 cc: Distribution List RECEIVED Conditional Use Determination MAR 1 4 1994 F17ZPA'rR1C4i-LLP,',' LLYNt Section 8 - Vermont Wetland Rules HCOf1P01'V;'i•'ED CunsuRing Engirlue % In the matter of: Gerald Milot P.O. Box 4193 Burlington, VT 05406-4193 Application for the construction of a roadway and installation of a buried utility line through a Class Two wetland and construction of a bicycle path and stormwater pond in the 50 foot buffer zone Spear Street, South Burlington Nowland II Subdivision File # 90-110 The Vermont Agency of Natural Resources received application #90-110 for a Conditional Use Determination. This application has been publicly posted and notice sent to all parties as required by Section 8.3 of the Vermont Wetland Rules. Findings of Fact After careful examination of this application, the Agency finds: 1. A complete application was received from Gerald Milot through his representatives The Johnson Company and Fitzpatrick -Llewellyn, Inc. for Conditional Use Determination #90-110. 2. The wetland and adjacent 50 foot buffer zone are located on the east side of Spear Street, opposite Deerfield Drive and Overlook Park. 3. Lisa Borre, Wetland Specialist conducted a site visit to the subject property with Lance Llewellyn on May 1, 1990. Eric Sorenson, Assistant Wetlands Coordinator conducted a site visit on November 23, 1993. 4. The subject wetland is identified as a Palustrine scrub - shrub and emergent wetland (PSS1/EMY) on the National Wetlands Inventory maps and is designated as a Class Two wetland by the Water Resources Board in the Vermont Wetland Rules. Gerald Milot Conditional Use Determination 190-110 Page 6 and adjacent 50 foot buffer zone shall occur during the growing season between June 1 and October 1. All work in the wetland and 50 foot buffer zone shall be completed in no more than a four day period. In the wetland portion of the crossing, excavated soils shall be stockpiled on filter fabric to prevent unnecessary disturbance of the adjacent wetland. The upper 12 inches of topsoil shall be.stockpiled separately and returned to the top of the back -filled trench so as to restore pre -disturbance contours. Exposed soils in the wetland shall be covered with straw mulch. E. In order to protect the wildlife habitat function of the wetland and to prevent disturbance to the 50 foot buffer zone of the wetland by future lot owners(7—eiher one of the following two conditions shall be implemented: --- The project site plans shall be revised so that the 50 foot wetland buffer zone is contained entirely on Common Land, and does not extend onto any proposed lots. This revised plan.shall be submitted to the Wetlands Office of the Agency of Natural Resources for written approval prior to the commencement of construction on the site. ✓ ii. The applicant shall have this Conditional Use 4,_,/, Determination and the site plans showing the Class Two wetland and 50 foot buffer zone boundaries recorded in the land records of the Town of South Burlington for all affected lands and the applicant shall have this 1414:DqV 1� Conditional Use Determination and the site plans w�cf«< Ga►`s w zt, 16, referenced in any deed for the property to be sold as Lots 34, 35, 36, 39, 40, 42, 43, and 44. The applicant shall supply the Vermont Wetlands Office with a copy of (w Y�aSrLov�l�-c. c,c� correspondence with the Town of South Burlington C�v4� �`«= dt�� fcertifying-that the restrictions have been recorded C t l0 „s y ,, Ae'VL prior to the commencement of construction on the site. -/F. The applicant shall plant a line of northern white cedar (Thuia occidentalis) along the 50 foot buffer zone on the western side of the wetland adjacent to Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 4.2, _43,__44, and 45. The cedars shall be spaced no more than 20 feet apart and shall be balled root or potted stock, at least three feet tall. The planted trees shall be monitored yearly for five years following planting, and any trees that die shall be replaced with trees of equal or greater size. In addition, a wooden fence, at least four feet high shall be constructed along the 50 foot buffer zone adjacent to these lots on the Gerald Milot Conditional Use Determination 190-110 Page 7 western side of the planted cedars. The plantings and fence shall be in place prior to the sale of any affected lots. G. -On the subject property, other than Allowed Uses listed in Section 6.2 of the Vermont Wetland Rules, -there shall be no future mowing, cutting or clearing of vegetation, filling, grading, dredging, draining, or changing the flow of water into or out of the Class Two wetland or 50 foot buffer zone without first obtaining a Conditional Use Determination from the Agency. H. The applicant shall have this Conditional Use Determination and the site plans showing the Class Two wetland and 50 foot buffer zone boundaries recorded in the land records of the Town of South Burlington for all affected lands referred to as Common Land on the project site plans. The applicant shall supply the Vermont Wetlands Office with a copy of correspondence with the Town of South Burlington certifying that the restrictions have been recorded prior to the commencement of construction on the site. In addition, the applicant shall include language in protective covenants for the wetland and 50 foot buffer zone portions of the common land prohibiting mowing, cutting or clearing of vegetation, filling, grading, dredging, draining, or changing the flow of water into or out of the Class Two wetland or 50 foot buffer zone. I. Upon completion of the proposed work in the wetland and/or buffer zone, a Registered Engineer shall supply the Vermont Wetlands Office with a letter certifying that the project was constructed in compliance with the conditions of this determination. J. All proposed activities in the wetland and adjacent 50 foot buffer zone, carried out in compliance with Condition A, B, C, D, E, H, and I must be completed within five years of the date of this determination. K. The applicant shall monitor the wetland adjacent to the proposed road crossing and sewer line crossing annually during early July for five years following construction for the nuisance plant species purple loosestrife (Lythrum salicaria) and common reed (Phragmites australis). All nuisance plants found shall be pulled by hand and disposed of by burial or burning in a non -wetland location. Descriptions of these two plant species are attached to this decision. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments February 9, 1993 agenda items Date: January 28, 1993 NOWLAND II SPEAR STREET - ADDENDUM TO REMARKS OF JANUARY 7, 1993 MEMO 1. The proposed drainage along the east side along Spear Street should be an enclosed (piped) system. The area is very flat and ditching will result in standing water. 2. There is an existing sewer manhole off the paved portion of Deerfield south of M.H.L9. This manhole may be used to connect the new system and locate the Deerfield sewer behind the concrete curb. This should be investigated. 3. Sonny Audette has expressed a concern regarding the down stream drainage especially on the horticultural farm. The engineer should talk to Sonny and address his concerns. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments December 8, 1992 agenda items Date: November 20, 1992 S.B. COLLINS - MOBIL STATION, WILLISTON-ROAD--PATCHEN ROAD---- - - Plan for the above referenced gas station dated January 30, 1992 with latest revision dated June 28, 1992 prepared by Schreib Engineering is acceptable. O'DELL PARKWAY, SHELBURNE ROAD 1) Street r.o.w. boundaries should be shown. 2) About 70 of the proposed parking spaces appear to infringe upon the proposed street r.o.w. If in the future the street is widened these spaces will be eliminated or greatly reduced. 3) The new street curb cuts shall have a depressed curb. Sidewalks shall be continuous across the driveways. 4) New street should include sidewalks on both sides. 5) A drainage plan shall be submitted for review and approval. NOWLAND II , SPEAR STREET 1) The existing water main on Spear Street is a 12 inch asbestos cement main not 8 inch as shown on the plans. 2) The Spear Street intersection should include widening for turning lanes. 3) The sidewalk along Deerfield Drive should be constructed one foot from r.o.w. Preliminary Comments - City Engineer December 8, 1992 agenda items November 20, 1992 Page 2 4) The upstream end of the 24 inch culvert at Spear Street should include an inlet structure instead of a head wall. 5) The increased runoff will have an impact on downstream ditches and structures especially the ditch and culvert across Spear Street and the previously developed Nowland property. This should be checked. 6) The Spear Street drainage discharge point (Sheet No. 9) not shown. 7) The 60' strip north of lot No. 11, if it is intended as a future street connecting to Spear Street is infringed upon by the retention basin. 8) The retention basins shall be maintained by a homeowner association. 9) Cul-de-sacs shall include concrete curbs and a sidewalk on one side. 10) There should be a utility easement between lots 13 & 14 to serve the property to the north. 11) Sheet No. 2 should show the condo units. 12) The condo street should include curbs and drainage also with sidewalk to street "C". 13) Sewage pumping station alarm shall be wired to an answering service designated by the City. The light and alarm may be deleted from the plans. 14) Depressed curb reveal shall be 1 1/2 inches. 15) Power and telephone lines shall be located outside of the street r.o.w. and opposite side of the street from water main. 16) Trees should be planted at least 10 feet from water main. 17) The Ridgewood pumping station will have to be upgraded to accommodate this project. 18) A mailbox turnout should be provided. Preliminary Comments - City Engineer ' December 8, 1992 agenda items November 20, 1992 Page 3 19) A typical off street bike path section should be shown on the plans. 20) Dead end of Deerfield Road shall include a gravel turnaround. 21) Underdrain locations not shown. 22) Champlain Water District shall review the water system plans. SOUTHEAST SUMMIT, DORSET STREET 1) The Dorset Street intersection should be upgraded to include turning lanes. 2) Entrance road I'M" should include a mailbox turnout. 3) Off street sewer lines must have 20' easements shown on the plans. 4) Units Q, R, S, T shall be served by a private street. 5) Underdrain locations not shown. 6) Location of Dorset Street water main construction not shown. 7) Water District shall review the water system layout. 8) The sewage pumping station and force main should be owned and maintained by a homeowners association including power costs. Gravity flow in this area is to the south (Shelburne Road) so pumping is required, however, the force main can be shortened substantially when ares such as the Economeau parcel is developed. 9) Sewage pumping station alarm shall be connected by telephone cable to an answering service instead of the on site alarm. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer L Re: Preliminary Comments February 9, 1993 agenda items Date: January 7, 1993 NOWLAND II, SPEAR STREET 1. MH S-6 should have a 8" stub northerly also MH S-7 southerly. 2. The drainage pipe between lot 45 & 46 should be extended to back line of the lots. Also should include a 15' easement. 3. Mail box turnouts should be on side streets instead of Deerfield Drive which will become a busy street when extended easterly. 4. Trees should be planted at least 10 feet from water and sewer mains. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 1, 1993 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Nowland II PRD, Spear Street Dear Mr. Steele: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision from the 3/30/93 Planning Commission approval. Please note the conditions of approval and the requirement that the final plat plans be submitted within 12 months of the date of approval. If you have any questions, 1 Encl JW/mcp cc: Gerald Milot John Larkin please gi e me a call. i ce(re y, J e Weith, City Planner City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 20, 1992 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Southeast Summit & Nowland II PRD Dear Mr. Steele: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please respond to these comments by no later than Friday, November 27, 1992. Please call if you have any questions. Sincely, V Raymofid J. Belair, Zoning and Planning Assistant Encls RJB/mcp cc: Gerald Milot John Larkin 90 S 6138 5j5' E 0-1 -\ , S 27 4757' W �C) 0 - -- INFORMATION SHOWN FOR NOWLAND 1 i� IS APPROXIMATE ONLY t1 RECEIVED MAY 01 1992 City of So. Burlington - - -+--__—___._______ Iti .v N 26 5J 30' E --- S P E Z R— S T R E E T 27.4 r57• W 63D. 04 ---------- ---- 1031.94' v�F S 8272 26" E z �' Rs•ny 212.80' N z z to I ^'- •Ip S 8339'29" E w a A//F � "I z � � ? I o� ( � �' - _ _ _ _-_ J \ , a•^' �'e� yglo,, 19.56' MOLrfFEN 2 2 \ �yy J \' m ^i \ V I n V/F DER/KeR a of ' _►____ �__ ��'� -1 `�/,'� ------------3 ML • � 60.7 acres _ _ rbo r 7�7 A/r-go rn TOTAL AREA �7.4 ACRE , ' - 6.7a rA�s \ C 1 � � h acrnrcT rwy rLaur L6o ern_ °�\ 4� -�G� t (—T it41) • DEERFIELD RQaD EK - f Tu^i GCslOW IeI6147 OF "Y (� A \ �� . 08'10 \ \ GureICL1A4G - C ` � NN � ,a �p '' eKOPeRrY v/F i3H.tM S 8335103" f N/F U/a6woA'�"N 1170.40' � �� 'v'�✓� ,� '� �•I - \���ro-'��_•-------�---�� �\ buFFGIC.. '��-- y •'� gyp• � � /✓/P EGO�/oNtOU Fa 0I S AVC OFFIGIaL MAIv N 0931'5J' E � I LEGEND l-7J190 Rr%SfO BOA BO K NO DATF DESCRIPTION PERIMETER PROPERTY LINE ----- OTH_R PROPERTY LINE PRO"OSED LOT LINE — — PROOOSED CENTERLINE OF ROADWAY — R.O. W,. / EASEMENT LINE c /ROP' PIN FOUND CONCRETE MONUMENT FOUND • CALJULATED POINT o FENCE POST CORNER 1 r- \S/1E LOCUS _ N T,$ aJITE AeeA CoU T ACQE:� •SON//.J 4 K 2 5 5 AGQE1-� Z DU Pe A? aG2E I It O"rrro R / I Z AGCE✓ I aU PGC PGC.G IL UAJ17�, iLb U/JIT'i •PQ0140Se0 90 4JAJIT foal? aejA7tWejO 90' Guc. ae ^sic �' �2ow (DeErF/EL0 flQ. FxT. eo' /00' MIAJ. LOj FQOA?A�.(; MIMIAAUJA LOT SIZe 100' r 130' /'✓,000 6F 1z AGKbi ",M j;00AGG/R&--!C&AT71Y0A4-1A.ICidJ061i 5AOX&�, 70'W6TLAI 0S, (CLASS 7) •OWU6256F ReCnF1.) •uD aYVcv�,w./T : Ge"L-IP MII,OT -10MV /fxrJu vo 160r 1019E VIO 964e4,6.,19J& IED 6ueA•w&TOI.1 VT. Oiyof<-NRi g,ai-ro rAje4,41G•pIJ, VT. Devo-, . uoLowAYy, wl711Z surYLi a1V-.wl•ra4.'( AWeIL 60L. LTfa•+ r,"A TO 6e MUUIG4p%LLj Y Ov/N60 GRAPHIC SCALE Ir RELAW t a rar 1 ---- I roo rl PRIN l - 11Pk 3 0 1392 NO WLAND PROPERTY II SKETCH PLAN Fo LI /�j�%�fM99098 S� W ��� U UV INCORPORATED LLIGr.990 Jay MJB —a•w rur•. mar�e.Mo •ro n.wrro sn,uc[a D • M94 WILLISTON VERMONT 1 7 I City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: PUD, Nowland Property II Dear Mr. Steele: Enclosed please find a Commission meeting minutes. me a call. 1 Encl JW/mcp cc: Gerald Milot John Larkin ZONING ADMINISTRATOR 658-7958 August 14, 1992 copy of the June 16, 1992 Planning If you have any questions, please give Jncer ly, �)4L Weith, City Planner Ot(/e- /op ". � 4, City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 August 13, 1992 John Steele FitzPatrick-Llewellyn, Inc. 1 Wentworth Drive Williston, Vermont 05495 Re: PUD, Nowland II Dear Mr. Steele: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the May 26, 1992 Planing Commission meeting minutes. If you have any que tions, please give me a call. nc re y, e Weith, ity Planner 1 Encl JW/mcp cc: Gerald Milot John Larkin City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 26, 1993 John Steele FitzPatrick-Llewellyn, Inc. One Wont -worth Drive Williston, Vermont 05495 Re: Nowland II PRD, Spear Street Dear Mr. Steele: ZONING ADMINISTRATOR 658-7958 L_ Enclosed please find a copy of the March 9 and March 30, 1993 Planning Commission meeting minutes. Please note the conditions of approval and the requirement that final plat plans be :submitted within 12 months of the preliminary plat approval. If you have any questions, please give me a call. in erelly, e Weith, ity Planner 2 Encls JW/mcp cc: Gerald Milot John Larkin Michael J. Scollins 214 Meadow Wood Drive South Burlington, VT 05403 April 22, 1993 Mr. Joe Weith South Burlington City Planner 575 Dorset Street South Burlington, VT 05403 Dear Joe: I was not able to participate in any of the meetings regarding the discussion of the Milot development on the East side of Spear Street, but I wanted to write to express my hope that plans are being made to set aside a right-of-way for possible extension of the recreation path along the ridge between Spear and Dorset streets, i. e. along the eastern edge of the Milot property. I have heard some prior discussion about a possible recreation path extension along this route, but don't know how far those plans have progressed. I would hope that the City would reserve this option. Parenthetically, like many other land owners in the area, I am less than enthusiastic about the proposed development. I chose my home site with the understanding that there would be no high density building near me, and certainly the Spear Street landowners adjacent to the proposed development feel the same way. Thanks for taking the time to read this! I hope your work is going well. Sincerely, Michael J. Scollins /msd