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BATCH 1 - Supplemental - 1600 Spear Street
1'Y OF S OUTH BURLINGTON y� - Subdivision APPlication 1) - FINAL PLAT Name of Applicant L + tM 2) So4..L4ryk,N i (�enn W1'Io+) Name of Subdivision Pt N N to c (c 3) Indicate any cbeng owner of record to name . address , or prone nzunber surveyor. , attorneypor applicant. . contact Person, engineer o f application p qt designer since Prelimin �' Plat 47 Indicate any than 3 ots or u-'21t9 , 8es to the subdivision, such as n in the oPerty lines, aPPlica�nt's le umber of propez�ty, or development..,timetable gal interest Preliminary Plat application: since �e e IJoTe e, 5) 'Submit Five copies and final reduced copy (11 x 17) of a info plat plus engineering drawin s rmation re g and c ntaining all 'nfOrmregulatiO required under Section 202.1 0 for a minor subdivision andthe subdivision 204.1(a) for a major subdivision. under Section } Submit two draft copies of all legal do under Section 202.1 (11) he su d required Tegulations for a minor sudivision of the subdivision for a major subdivision. and under Section 204.1(b) y - 9 8 (31snature) aPPlicaut or cont person Date 0 0 74 C6 w cQ. l IJ t" t.t-L U 4J U o C-CC4UUeOL �3n `i✓�t l_�4NNa.J CAMMLS��(U v P,?- /.l P� (4f0�_ 14J& V 1 11 L J D rJ 5J� CONS T(bt Ao a-d- RG�ll l2�} ` h a-v1.t se-t. v � �� k� c�.� (�f.�.' La �s ` `� l2/2I/9 P— oct .a_ -Se We-, ~5 !ae cum c.v N ,` l w t a M e_ �'� f 1J }d w'll c P e iL (w% l- A trn 0. U cL act N o ln^31 (Wt Q Al o� t 4 l W ..i C'- 6 2 z {' e n1 s to -J cae I c o 0 �j S +- 1 S a t, c /lit t CJ� c O W t U �N C u s S City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 October 22, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Pinnacle at Spear, Add 7 Lots Dear Mr. Llewellyn: ZONING (802)658-7958 Enclosed is a copy of the July 21, 1998 Planning Commission meeting minutes. If you have any questions, please give me a call. Director of Planning & Zoning JW/mcp I End City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802)658-4748 PLANNING (802)658-7955 October 22, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Pinnacle at Spear, Add 7 Lots Dear Mr. Llewellyn: ZONING (802)658-7958 Enclosed is a copy of the September 1, 1998 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days (1,/11199). If you have any questions, please give me a call. Jo� Weith, Director of Planning & Zoning JW/mcp 1 Encl PLANNING COMMISSION 21 JULY 1998 The Chair asked if anyone on the Commission or in the audience wished this item to be heard in a full hearing. There was no such request. Mr. Dinklage moved the Planning Commission approve the Consent Agenda as presented subject to the conditions in the City Planner's memo of 17 July 1998. Mr. O'Rourke seconded. Motion passed unanimously. 5. PUBLIC HEARING: Final Plat Application of L&M Partnership to amend a previously approved plan for a 73 lot planned residential development, Spear Street (Pinnacle @ Spear). The amendment consists of: 1) adding seven lots for a total of 80 lots, and 2) resubdividing an unknown number of lots, Spear Street. Mr. Burgess noted the application is incomplete. Normally, the Commission wouldn't hear the application in this form, but because there are so many people present with an interest in the plan, the Commission will listen to testimony but will not make a decision at this meeting. Mr. Llewellyn presented the plan. He showed the existing approved plan and indicated the roads that are completed. The proposal is to lengthen the cul-de-sac and add 7 more lots. Mr. Llewellyn also showed the location of Dorey Rd. which will connect to the golf course development. The road will be completed from Pinnacle to the Economou property line. Utilities will be extended to serve the additional lots. Mr. Dinklage noted the concern of neighbors for the increase in number of lots. Mr. Llewellyn explained that when the project was originally built, the density was 1.1 per acre. That resulted in 73 units. Density was then changed to 1.2 per acre, which would allow a total of 80 units, which is what is being requested. Mr. Weith explained that the original density allowed 1.1 units plus a 25% bonus for a prd. The city was uncomfortable with the bonus and did away with it but increased the density to 1.2 per acre for the whole southeast quadrant. Mr. Llewellyn said that Terry Boyle has been retained to do an as -built. The applicant also understands there will be impact fees but raised a question of the $300 impact fee credit. Mr. Weith said that was given because of an agreement to construct the north/south rec path. That is no longer being proposed, so the credit no longer applies. Mr. Llewellyn then showed the frontages of the various lots and also the wetland delineation and buffer. Mr. Weith said that on some plans the applicant shows building envelopes that extend into the wetland buffer. This must be changed. 2 PLANNING COMMISSION 21 JULY 1998 Mr. Llewellyn noted that the numbers for the view protection zone are off by about half a foot. These will be adjusted. He also indicated that there will be a net loss in open space of just under 2 acres. The cul-de-sac will be extended by about 300 ft. Mr. Burgess noted that the Commission let the applicant build the cul-de-sac longer than allowed, and now they want to extend it even more. The applicant has said they can get around this by using Dorey Road. Mr. Burgess felt that if that is approved, Dorey Rd. would have to be built. Discussion was then opened to the public. Mr. Burgess noted receipt of letters from 4 people who could not be present but wanted to oppose the application. Their comments relate to promises and statements made by the developer. Mr. Burgess explained that the Commission doesn't referee this type of situation and officially cannot legislate those disputes. That is for the courts to decide if the issues cannot be worked out between the developer and the homeowners. Mr. Wood asked about the relationship between this hearing and the Act 250 hearings. Mr. Burgess said the original project got an Act 250 permit so he assumed the applicant would have to get an amendment to the approval for what is now being proposed. If Act 250 says no, the project is disapproved. If Act 250 makes changes, the applicant would have to return to the Planning Commission to make those changes to the plan. Mr. Warshaw reviewed the history of the project, noting that at the time of approval the Planning Commission indicated the need to preserve an open feeling in the southeast quadrant. He said he feels the proposed increase in number of lots will have a negative affect on the aesthetics and ecology of the area. It is common land "B" which he felt would be compromised. He also noted that this was a major selling point of the property. Mr. Dinklage stressed that the developer is asking to develop what is legal today in the southeast quadrant. He also noted that the Planning Commission cannot act on Act 250 criteria although some their criteria are similar to Planning Commission criteria. Mr. Sporzynski said he believed that aesthetics is one of the criteria that appear in both Planning Commission and Act 250 considerations. Mr. Weith then read the city's criteria. Mr. Burgess commented that Act 250 criteria are tougher. He also said that any building could be considered not to be "aesthetic" and noted that the existing homes wouldn't have been built if the wording were interpreted that strictly. Mr. Dinklage also noted that the view protection zone mainly covers views that the general public may enjoy, not necessarily those enjoyed by one or two homeowners. Q PLANNING COMMISSION 21 JULY 1998 Mr. Warshaw said he helieved the Commission has the discretion to make decisions that take such things into consideration. He noted the homeowners paid a premium for homes because of the open common land. Mr. Warshaw also noted that the proposal to extend into common land "B" actually requires the developer to acquire common land "C" which the developer gave up his rights to. Mr. Burgess said if that is so, the developer will have to make that argument in front of the state. It is not a South Burlington issue. Mr. Blake also opposed the project as an invasion into common land and said the public also benefits from driving by and enjoying the scenery. Mr. Sporzynski noted the project got a lot of open space because of the clustering of housing. With this proposal, you get clustered housing but lose the open space since it is broken up into small pieces. He added that when you drive by on Spear St, the houses look too big for the lots they are on. Mr. Llewellyn said there will still be four pieces of open space. He showed their location. Mr. Spor ynski replied that the large open feeling that exists today will be gone. It will also deprive wildlife of a place to roam in. A resident asked if the new homes will have unrestricted height. Mr. Llewellyn said they will have the same height restrictions as existing homes. Some can be 2 stories, some 1-1/2. Another resident felt the wetland boundary should be extended and noted there is now water he can see from his home. Mr. Burgess explained that the definition of wetlands has to do with vegetation, not standing water. Mr. Weith added that it also has to do with types of soil, and soil has to be impacted by water for a number of years before it becomes a wetland. A resident noted that the original plan calls for 2 trees on each piece of property and these were never put in. He felt the developer did not do a number of things called for on the original plan. Mr. O'Rourke said the applicant will be providing an "as -built", and the Commission will then be able to see what has and has not been done. Mr. Burgess said if there are violations, then the city has recourse. fle suggested that people who know of such violations bring them to the city's attention. A resident asked if the Commission can ask a developer to try to preserve what they said they'd preserve. Mr. Burgess said the Commission can ask, but by law the developer can do certain things. If the Commission turns down a project capriciously, they can be sued in court. 4 PLANNING COMMISSION 21 JULY 1998 Mr Bresee explained the history of the rec path that was not built and is no longer planned. With the golf course development, that piece of the path no longer makes sense, but there is a rec path reserved that will serve the purpose. Residents noted this is a very emotional issue, and the neighbor -hood is very much against the proposal. The openness will be gone for the most part. It will also narrow things up. Mr. Dinklage asked if anyone saw where the developer could put in 7 more lots so as not to invade the open space. Mr. Warshaw suggested not going beyond the original cul-de-sac and possibly having only 6 more lots instead of 7. Fle showed a possible location and felt he would like to see some reasonable agreement. Another resident noted that deer and wild turkeys are part of the aesthetics and character of the neighborhood and will be lost. Mr. Burgess replied that the same argument was made against the existing homes being built. Residents said they understood that but felt that if the houses were moved, it could preserve more of the open area. Mr. Burgess urged the developer to consider whether anything heard tonight would make sense. A resident asked if the neighbors got together with the developer and came up with a new plan that wasn't opposed by everyone, would it make the process easier for the Commission. Mr. Burgess said the applicant would still have to file an amended final plat, but there might be less testimony. Mr. Dinklage added that the Commission is always interested in anything that might make a better development. Mr. Beaudin stressed that South Burlington is a city, and people need a place to live. Mr. O'Rourke then moved to continue to application until 25 August. Mr. Dinklage seconded. Motion passed unanimously. 6. PUBLIC HEARING: Preliminary Plat Application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (10.07 acres in South Burlington), Van Sicklen Road: It was noted that there are not enough members present who can hear this application due to conflicts of interest. Mr. Dinklage moved to postpone the hearing until 11 August due to lack of a quorum. Mr. O'Rourke seconded. Motion passed unanimously. 5 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802) 658-795, October 19, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Pinnacle at Spear, Add 7 Lots Dear Mr. Llewellyn: ZONING (802)658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on September, 1, 1998 (effective 10113198). Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days (1111199). If you have any questions, please give me a call. and Zoning JW/mcp I F ncl PLANNING COMMISSION 1 SEPTEMBER 1998 4. Public Hearing: Final Plat Application of David Austin to amend a subdivision plat for a planned residential development previously approved on 11/10/92 for a 2-lot subdivision, 301 and 305 Swift Street. The amendment consists of a boundary line adjustment involving 0.2 acres of land, thereby resulting in 2 reconfigured parcels of 1.10 and 1.52 acres: Mr. Austin said they want to move approximately .2 acres from lot I to lot 2. The old boundary will be dissolved. No issues were raised. Ms. Barone moved the Planning Commission approve the final plat application of David and Laura Austin to amend a subdivision plat for a planned residential development previously approved on 11/10/92 for a two lot subdivision, 301 and 203 Swift Street. The amendment consists of a boundary line adjustment involving 0.2 acres of land thereby resulting in two reconfigured parcels of 1.10 and 1.52 acres, as depicted on a plat entitled, Boundary Plat Showing "Boundary Line Aduustment Between Lands of Davit T. and Laura L. Austin and Lands of Edward L. Austin, Jr., & Janet T. Austin 305 and 301 Swift Street South Burlington, Vermont," prepared by Donald L. Hamlin Consulting Engineers, Inc, dated 7/13/98, last revised on 8/14/98, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Any change to the final plat plan shall require approval by the South Burlington Planning Commission. 3. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to record- ing. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital formal. The format of the digital information shall require approval of the City Planner. Mr. Farley seconded. Motion passed unanimously. Mr. O'Rourke rejoined the Commission. 5. Continued Public Hearing: Final Plat Application of L & M Partnership to amend a previously approved plan for a 73 lot planned residential development, Spear St. (Pinnacle at Spear). The amendment consists of. 1) adding 7 lots for a total of 80 lots, and 2) resubdividing a number of lots along proposed Vale Drive: Mr. Llewellyn showed the approved lots. He also indicated the 0 PLANNING COMMISSION 1 SEPTEMBER 1998 right-of-way to the north and Dorey Rd. which will be a connection to the O'Donnell property. For the new lots, the cul-de-sac would be extended about 600 feet. The applicant will provide a recreation path easement. Mr. Llewellyn showed the location of this. In compliance with staff recommendations, the last few lots no longer extend into the 50 ft. buffer. Mr. O'Rourke noted that the last time the Commission looked at this development, there was an issue of landscaping which was not put in as shown on the plan. Mr. Weith said he hasn't checked this yet. Mr. Llewellyn said if the landscaping doesn't meet what was approved, they will upgrade to meet the requirement. Mr. Weith said there was also a question of a requirement of 2 trees per lot in addition to street trees. This is a requirement of the subdivision regs. Mr. Llewellyn said he didn't know what the contracts for the lots require. If it is a condition, it will have to be met. Mrs. Rippa, who lives on lot #36, said they were told there would not be building behind their homes. They were sold the lots on the basis of a permanent view of the mountains. There were also to be trees all around the cul-de-sac, not a road through there. Mr. Dinklage noted the regulations have changed since the development was originally approved, and density has increased. This puts the Planning Commission in a difficult position since aesthetics are not an argument for a developer not to be given maximum allowable use of a property. Mr. Beaudin added that the residents' argument is with the developer. Mr. Llewellyn quoted from the deeds as to the developer's right to convert open space to lots. Mr. Dinklage noted the reduction in open space is 1.4 acres out of 24 acres of open space. Mr. Burke, representing owners of abutting property, said the plan reduces the value of 5 lots. He also noted the developer has moved a pedestrian easement. Mr. O'Rourke noted the moving of the easement was a recommendation of the Rec Path Committee. Mr. Bresee of the Rec Path said that the easement granted involved a lot of wetlands and the desire was to move out of the wetlands. Mr. Dinklage noted that staff recommends moving the easement slightly to the west. Mr. Bresee said this would be no problem. Mr. Warshaw said he had paid a premium for a lot that will no longer be premium. He said he had called a developer who said he could come up with a plan that wouldn't create problems for residents. He said he would like the Commission to make a decision that the proposed plan has an adverse affect on the environment. Mr. Beaudin said that any plan will have an adverse affect on someone. He said some of the residents may have a legal objection, but that is not with the Planning Commission. 3 PLANNING COMMISSION 1 SEPTEMBER 1998 Mr. Warshaw read from the State Land Use Permit regarding common land. Mr. Llewellyn said they can amend that permit, but that is not an issue for the Planning Commission. Ms. Rippa said they were told all houses had height restrictions. She asked if the new ones will as well. Mr. Dinklage said they would. Mr. O'Rourke moved the Planning Commission avvrove the final plat application of L&M Partnership to amend a previously approved Alan for a 73 lot planned residential development, Spear Street (Pinnacle (a) Spear). The amendment consists of: 1) adding seven lots for a total of 80 lots, and 2) resubdividing 22 lots, Spear Street, as devicted on a 23 page set of plans vase one entitled "Final Plat for Subdivision of Property of Gerald Milot and John Larkin Pinnacle A,, Spear (formerly Nowland Two) Spear Street South Burling -ton, Vermont," prepared by Button Associates, dated 8/21/98, last revised August, 1998, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. In accordance with Section 6.602 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 May. It is the Commission's opinion that based on information submitted by the applicant the proposed development will not adversely affect wetlands on the property. 3. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives the 850 foot cul-de-sac street limit provided in Section 401.1(g) of the subdivision regulations and approves extending the length of the cul-de-sac street to 1700 feet. 4 The applicant shall be responsible for constructing that portion of the connector road (Dorey Road) which lies on his property. Zoning permits for the seven additional lots (lots #63-69) shall not be issued until Dorev Road is constructed through to Four Sisters Road. 5. The applicant shall be responsible for constructing Nowland Farm Road to his easternmost vroperty line. In the vicinity of the easternmost property line, the roadway shall be constructed in accordance with the plans approved on 7/14/98 for the JAM GOLF LLC (see Sheets C2-4 and C-18). The road shall be constructed to the easternmost property line prior to the occupancy of any residential structures on Vale Drive. , 6. The Commission approves a total sewer allocation of 50,576 od for this development. The length of time that this sewer alloca-tion approval shall remain in effect shall be tied to roadway construction. 4 PLANNING COMMISSION I SEPTEMBER 1998 The sewer allocation for any lots served by road -ways which are not completed by 12/21/98 shall be lost unless re -approved by the Planning Commission. 7. The applicant shall no longer be required to construct that portion of the recreation path located outside of any public street right-of-way. The $300 credit per lot previously approved is hereby eliminated. 8. Prior to the issuance of a zoning permit for any lots on Vale Drive, the applicant shall post a $32 460 landscape bond for proposed street trees. The bonds shall remain in effect for three years to assure that the proposed landscaping has taken root and has a good chance of surviving. 9. Legal documents for the revised Vale Drive and Dorey Road (i.e., irrevocable offer of dedication) and easements (e.g., utility ease-ments and recreation path easement) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington Land Records prior to issuance of any zoning permits. 10 A "Notice of Condition" addressing the height limitations for structures and landscaping on all 80 lots shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to recording the final plat plans. 11. In accordance with Section 301.5 of the subdivision rezda- tions within 14 days of completion of required improvements (e.g., streets, water mains, sanitary sewers storm drains etc) the de-veloper shall submit to the City Engineer "as -built' construction drawings certified by a registered engineer. 12 The plat plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three copies of the approved revised plat plans shall be submitted to the City Planner prior to recording. 1. The recreation path easement shall be shifted so as to meander through the center of common land D. 2 The survey plat shall be amended to show the recreation path easement as an easement, not part of the public right-of-way. 13 A bond for streets sidewalks sewer and water shall be posted prior to issuance of a zoning permit. The amount of the bond shall be approved by the City Engineer. 14 No zoning permit will be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 15 The seven additional lots (lots #63-69) shall be subiect to school, recreation and road impact fees. PLANNING COMMISSION SEPTEMBER 1, 1998 16. Any change to the final plat plans shall require approval by the South Burlington Planning Commission. 17. The final plat plans (sheets t#1 of 9. 2 of 9 and the survey plats) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. Prior to recording the final plat plans the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the City Planner. Ms. Barone seconded. Motion passed unanimously. 6. Continued Site Plan Application of Bret Kernoff to convert a 3300 sq. ft. building from retail use to indoor recreation and amusement arcade use, 1203 Williston Rd: Mr. Kernoff said the Zoning Board has placed extreme restrictions on the project. The facility can be open only at times past peak hour traffic. It can serve only high school and younger age children. They also want a permanent easement prohibiting buses from entering from Williston Rd. The project must also be re -viewed by the Zoning Board in a year. The proposed hours of operation are 7 p.m. to Midnight, Monday -Friday, Noon to Midnight on Saturday and Sunday. It would have a capacity of 150 people or the state limit, whichever is less. Mr. Dinklage asked if there is anything the applicant can't comply with. Mr. Kemoff said he has to comply or he can't open. He said he was hoping for after school activities and for families coming together, but he can't do that now. Mr. Dinklage noted that the School District has agreed to allow overflow parking in the Central School lot. Mr. Kemoff showed where he would be willing to maintain a lighted path to that lot. Mr Dinklage asked about the 3 parking spaces adjacent to the second building on the lot. Mr. Kemoff said he would be willing to give them up during the evening when the amusement center is open, but he would want to use them when the other business is open. Mr. Dinklage asked what supervision there will be of the outside area. Mr. Kemoff asked what the Commission thought was adequate. Mr. Farley asked about people showing up under the influence of a controlled substance. Mr. Kernoff said anyone they see who is obviously impaired would, as far as they were able, be kept from entering a vehicle. Mr. Dinklage asked if there would be adequate staff so someone could be outside. Mr Kemoff said they can "sweep" the area, but it isn't practical in winter to station someone out there in the freezing cold. He noted this would not be an "in and out" operation. Once a person has paid and is "in," they stay; when they leave, they can't come back without paying again. 7 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, October 27, 1998, at 7:30 P.M. to consider the following: 1. Final Plat application of L & M Partnership to amend a condition of approval granted on 8/14/97 for a planned residential development consisting of 80 single family lots, Pinnacle @Spear, Spear Street. The amendment is to extend, by two (2) years, the date by which the roadways serving the development must be completed, which will in turn extend, by two (2) years, the approved reserved sewer allocation for the development. 2. Final Plat application of JAM Golf LLC to amend a previously approved planned residential development consisting of 244 residential units and an 18 hole golf course, Dorset Street. The amendment consists of modifying the golf club area by : 1) razing a single family dwelling, 2) constructing a 14,000 square foot clubhouse, 3) constructing two (2) tennis courts, 4) constructing a swimming pool, 5) converting the temporary clubhouse to a pool changing area/tennis pro shop, and 6) expanding the parking area. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission October 10, 1998 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 802) 658-4748 PLANNING (802)658-7955 July 24, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Pinnacle at Spear, Add 7 Lots Dear Lance: The following is a list of items to be addressed prior to meeting of August 25, 1998: ZONING (802)658-7958 1. Lots #52 and 80 show a 30 foot setback from Nowland Farm Road. The requirement is 50 feet from an arterial street. The notes on your plan state that the setback requirements for the front, side and rear are 30, 15 and 30' respectively. The correct setbacks for the Southeast Quadrant district are 20, 10 and 30 for the front, side and rear respectfully. 2. The surveyed plat for the Vale Drive area must be submitted. 3. The VPZ matrix for the building height limits must be based on the new base line location. 4. The building envelope on lot #67 can not include any C.O. District areas. 5. The landscaping plan must be revised to show landscaping for the entire development showing "as -built" and proposed conditions. 6. School Impact letter for the seven (7) additional lots. 7. A report addressing the PRD/PUD criteria in Section 26.151 of the zoning regulations. Lance Llewellyn Pinnacle at Spear July 24, 1998 Page 2 A report addressing the criteria in Section 6.606 of the zoning regulations. 9. Plans should be revised to show Nowland Farm Road and Dorey Road built to the property line. Please try and submit the above information no later than Friday, August 14, 1998. If you have any questions, please give me a call. iJ. Belair, and Planning Assistant RJB/mcp DFtAF7 MOTION OF APPROVAL L&M PARTNERSHIP 10/27/98 I I move the South Burlington Planning Commission approve the final plat application of L & M Partnership to amend a condition of approval granted on 10/13/98 for a planned residential development consisting of 80 single family lots, Pinnacle @Spear, Spear Street. The amendment is to extend, by two (2) years, the date by which the roadways serving the development must be completed, which will in turn extend, by two (2) years, the approved reserved sewer allocation for the development. This approval is based on the following stipulation: Condition #6 of the 10/13/98 approval shall be revised to read as follows: "The Commission approves a total sewer allocation of 50,576 gpd for this development. The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The sewer allocation for any lots served by roadways which are not completed by 12/21/00 shall be lost unless reapproved by the Planning Commission." City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 October 23, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Pinnacle at Spear, Sewer Allocation Extension Dear Mr. Llewellyn: ZONING (802)658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, October 27, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Si erely, & V J e Weith, Director of Planning & Zoning JW/mcp Encls Memorandum - Planning October 27, 1998 agenda items October 23, 1998 Page 6 Dumpster: A screened dumpster storage area will be provided at the rear of the building. Lighting_ Existing exterior lighting consists of building mounted floodlights, a tree mounted floodlight and a pole mounted floodlight adjacent to Williston Road. All floodlights should be replaced with downcasting shielded fixtures which are approved by the Director of Planning & Zoning prior to permit issuance. Other: the plan should be revised to correctly show the sewer service coming out the front of the building and extending to Williston Road. 5) L&M PARTNERSHIP - SEWER ALLOCATION EXTENSION - REVISED FINAL PLAT This project consists of amending a previously approved planned residential development for 80 single family lots known as Pinnacle at Spear. The amendment consists of revising a condition of approval granted on 8/14/97 (minutes enclosed) which extended until 12/21/98 the date by which roadways serving this development must be completed. This, in turn extended until 12/21/98 the approved sewer allocation for the development. The applicant is now requesting that the sewer allocation expiration date and the date by which roadways must be completed, be extended another two (2) years to 12/21/00. 6) REAL CHARLEBOIS - CONTRACTOR'S YARD - SITE PLAN This project consists of converting a vacant lot into a contractor's yard not including retail. This lot has been used for this use during the past summer without approvals and a permit. This application is to cure the violation. This property located at 90 Ethan Allen Drive lies within the IC District. It is bounded on the north by undeveloped land, on the east by a residence, on the west by an auto repair shop, and on the south by Ethan Allen Drive. 6 Memorandum - Planning August 25, 1998 agenda items August 21, 1998 Page 4 5) L&M PARTNERSHIP - ADD 7 LOTS - REVISED FINAL PLAT This application was continued from the July 21, 1998 meeting (minutes not available) to provide the applicant an opportunity to revise the plan in response to comments made by area residents. This project consists of amending a plan previously approved on 8/10/93 (minutes enclosed) for a 73 lot planned residential development. The amendment consists of 1) adding seven (7) lots for a total of 80 lots, and 2) the resubdivision of an unknown number of lots. The sketch plan was reviewed on 3/10/98 . This property known as "Pinnacle at Spear" is located on the easterly side of Spear Street. It is bounded on the west by Spear Street and several single family residences, on the north and south by undeveloped property, and on the east by a residential portion of the golf course. Access: Access to the additional seven (7) lots would be via an approved 1,100 foot long cul-de-sac street known as Vale Drive. This cul-se-sac street would be extended an additional 600 feet. The maximum length allowed under Section 401.1(g) of the subdivision regulations is 850 feet. The Planning Commission as part of the 8/10/93 approval granted a waiver for the additional length. This request would lengthen the cul-de-sac street to 1700 feet. This street would now serve 29 lots. This cul-de-sac street would no longer be a cul-de-sac street when the adjacent residential development on the golf course is constructed. The reserved r.o.w. for future street extension to the north would remain. The applicant should be responsible for building the portion of the connector road (Dorey Road) that lies on his property. Staff suggests that permits for the seven (7) additional lots not be issued until Dorey Road is constructed. The golf course developer will be responsible for building the portion of the road that lies on his land. Similarly, the applicant should be required to construct Nowland Farm Road to his easternmost property line since this will eventually be connected to a part of the golf course development. Density: The maximum density allowed under Section 26.152(b) of the zoning regulations is 80 units (66.7 acres x 1.2 units/acre = 80 units) and 80 units are proposed. Sewer: The additional sewer allocation requested is 3619 gpd (this includes the 20% reduction allowed by the State). The applicant will be required to pay the per gallon fee prior to permit issuance. On 7/8/97 the condition regarding sewer allocation was amended to read as follows: "The 4 Memorandum - Planning August 25, 1998 agenda items August 21, 1998 Page 5 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 roadway serving this development shall be completed by December 21, 1998. The sewer allocation for any lots served by roadways which are not completed by 12/21/98 shall be lost unless reapproved by the Planning Commission." The additional allocation now brings the total sewer allocation for the development to 50,576 gpd. Street lights: Five (5) 150 watt high pressure sodium lamps mounted on 20 foot poles with downcasting shielded fixtures are proposed along Vale Drive. Landscaping` The additional landscaping proposed has an estimated value of $32,460. This landscaping includes street trees and site landscaping. The landscaping plan for the entire development has been revised to show all existing landscaping "as -built" in addition to the proposed landscaping. Impact fees: The applicant should be aware that these additional lots will be subject to school, recreation and road impact fees. Since the Recreation Path Committee is no longer recommending that the path be constructed by this developer, there should no longer be a $300 credit per lot applied to the recreation impact fee for any lot in the entire development. Recreation Path: Condition #21 of the 8/10/93 approval required that the recreation path between Vale Drive and Pinnacle Drive be constructed when either of these streets was constructed. This recreation path has not been constructed as required. As indicated above, the Recreation Path Committee is no longer recommending that this path be constructed. Staff suggests that the easement be shifted slightly to the west so that it doesn't directly abut house lots in the golf course development. Non -buildable area: All or portions of new lots #63 - 67 and 69 are located within the restricted area as shown on the SEQ zoning map. Section 6.606 of the zoning regulations requires the Planning Commission to review proposed development activity or the location of residential development lots in a restricted area according to criteria contained in this section. The applicant submitted a statement addressing these criteria (see enclosed). Staff feels that the statement submitted is inadequate to properly address these criteria. Each criteria should be addressed individually and in sufficient detail for the Commission to make an informed decision. 5 Memorandum - Planning August 25, 1998 agenda items August 21, 1998 Page 6 Wetlands: The plan shows the wetland boundary located west of Vale Drive including the C.O. District/wetland buffer. No portion of any lot will extend into this C.O. District. View protection zone: The plan shows the boundaries of the Dorset Park Scenic View Protection Overlay District. The applicant submitted an updated matrix to include the new lots which indicates the height limit on each lot. This revised document should be recorded in the land records. This matrix should be revised to include all 80 lots within the development. Since the zoning has changed since the original matrix was developed. Lot size/frontage: The minimum lot size requirement is 12,000 square feet. The size of each of the proposed lots and the resubdivided lots has not been provided. This information was requested but not provided. The minimum frontage requirement is 80 feet. The frontages of the proposed lots and the resubdivided lots have not ben provided. This information was requested but not provided. School impact: A letter from the School Superintendent addressing the school impact was submitted (see enclosed). PRD/PUD report: The applicant submitted a statement addressing the PRD/PUD criteria in Section 26.151 of the zoning regulations (see enclosed). Staff does not feel that these criteria were adequately addressed. 6) BRET KERNOFF - INDOOR RECREATION & AMUSEMENT ARCADE - SITE PLAN This project was continued from the July 21, 1998 meeting (minutes not available) to provide the applicant an opportunity to address traffic, access and circulation issues. This project consists of converting a 3300 square foot building from retail use to indoor recreation and amusement arcade use. The last review of this property by the Commission was on 6/8/93 (minutes enclosed). The ZBA heard this application 7/13/98 and continued to 8/10/98 because of traffic and circulation concerns. The ZBA has now continued this application to its 8/24/98 meeting. This property located at 1203 Williston Road lies within the C 1 District. It is bounded on the north C gik 12", NIOTION OF �PPRQVAL. L & N1 PART.NERSHIP I move the South Burlington Planning Commission approve the final plat application of L&M P:umership to amend a previously approved plan `or a 73 iot planned residential development, Spear Street ( Pinnacle @Spear). The amendment consists of: 1) adding seven (7) lots for a total of 80 lots, and 2 ) resubdividing 22 lots, Spear Street, as depicted on a 23 page set of plans page one (1) entitled, "Final Plat for Subdivision of Property of Gerald Milot and John Larkin Pinnacle @Spear (Formerly Nowland Two) Spear Street South Burlington, Vermont" prepared by Button Associates, dated 8/21/98, last revised .August, 1998 with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. In accordance with Section 6.602 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 information submitted by the applicant the proposed development will not adversely affect wetlands on the property. 3. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives the 850 foot cul-de-sac street limit provided in Section 401.1(g) of the subdivision regulations and approves extending the length of the cul-de-sac street to 1700 feet. 4. The applicant shall be responsible for constructing that portion of the connector road (Dorey Road) which lies on his property. Zoning permits for the seven (7) additional lots (lots 963 - 69) shall not be issued until Dorey Road is constructed through to Four Sisters Road. 5. The applicant shall be responsible for constructing Nowland Farm Road to his easternmost property line. In the vicinity of the easternmost property line, the roadway shall be constructed in accordance with the plans approved on 7/14/98 for the JAM GOLF LLC (see Sheets C24 and C- 18). The road shall be constructed to the easternmost property line prior to the occupancy of any residential structures on Vale Drive. 6. The Commission approves a total sewer allocation of 50,576 gpd for this development. The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The sewer allocation for any lots served by roadways which are not completed by 12121/98 shall be lost unless reapproved by the Planning Commission. 1 r 1'%ae applicant shall no longer be required to construct that portion of the recreation path located outside of any public street right-of-way. The $300 credit per lot previously approved is hereby eliminated. ;� Prior to the issuance of a zoning permit for any lots on Vale Drive, the applicant shall post a S32,460 landscape bond for proposed street trees. The bonds shall remain in effect for three(3) years to assure that the proposed landscaping has taken root and has a good chance of surviving. 9 Legal documents for the revised Vale Drive and Dorey Road (i.e., irrevocable offer of dedication) and easements (e.g., utility easements and recreation path easement) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington Land Records prior to issuance of any zoning permits. 10. A "Notice of Condition" addressing the height limitations for structures and landscaping on all 80 lots shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to recording the final plat plans. 11. 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. 12. The plat plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plat plans shall be submitted to the City Planner prior to recording. 1. The recreation path easement shall be shifted-s#' to the west so that it doesn't directly abut house lots in the golf course development. 2. The survey plat shall be amended to show the recreation path easement as an easement, not part of the public road r.o.w. 13. A bond for streets, sidewalks, sewer and water shall be posted prior to issuance of a zoning permit. The amount of the bond shall be approved by the City Engineer. 14. No zoning permit will be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 15. The seven (7) additional lots (lots #63 - 69) shall be subject to school, recreation and road impact fees. 16. Any change to the final plat plans shall require approval by the South Burlington Planning Commission. r 17. The final plat plans (sheets # 1 of 9, ? of 9 and the survey plats) shall be recorded in the land records -within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the City Planner. 3 ON - 44 43 42�41 40�.39 .38 37 .36 f .34 52 153 154 1 55 l 56 1 57 158 ! 1 59 :• mm COMMON 77 n LAND m 73 72 74 71 60 61 62 63 64 68 167 65 COMMON LAND e W D 76 — 75 70 J69 66 J NI U _ _� COMMON LAND Ccl) --_ m _ 0 32 , 37,30,29,28,27�2b125� 24 23 22 21 z 1 340� L1 _ -_ L-1 —I— I _ _20 / I N/F (SHAM 173 j - 5 17 I �8 _J A" QL CE On .To 0 af City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 September 16, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: ,Sewer Allocation, Pinnacle at Spear Dear Mr. Llewellyn: ZONING (802)658-7958 Please be advised that the South Burlington Planning Commission at their meeting held on 9/1/98 approved 3619 gpd of additional sewer allocation to serve seven (7) additional lots within the Pinnacle at Spear development owned by Gerald Milot and John Larkin. This property is served by the Bartlett Bay Wastewater Treatment Facility which has sufficient capacity to handle this additional demand. If you have any questions, please give me a call. Sincerely, Joe Weith,� Director of Planning & Zoning JW/mcp LLEWELLYN INCORPORATED August 25, 1998 Mr. Ray Belair Assistant Planning and Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Pinnacle @ Spear Addition of seven lots to Vale Drive File: 97024 Dear Ray: Please accept this letter as further information in the response to Zoning Regulations, Section 6.606 and Section 26.151. We understand our previous response was too brief and required additional input. Pinnacle @ Spear is an approved 73 lot single family subdivision. The project we now propose is to add seven single family lots. This would be accomplished by extending Vale Drive 600 +/- feet and connecting to the Economou property through Dorey Road. The responses that follow are directed, as we discussed, to the seven additional lots. In some cases, however, a response may apply to the project in general. Section 6.606 PRD (a) Twenty-two single family lots are presently permitted on Vale Drive. These lots, as well as Vale Drive, were located to allow open space between these lots and those along Pinnacle Drive to the west and to the property line to the east. The proposed lots, formed by extending Vale Drive and Dorey Road, continue with that theme. Strict adherence to the "Developable Area / Restricted Area" as shown on the SEQ zoning map was not followed. The lots were positioned out of the wetlands / wetlands buffer on the west side of Vale Drive. On the east side of Vale Drive the lots are not contiguous to the eastern property line except for lots 68 and 69. These are larger lots to provide greater open space to the east of the house sites. 4049 Williston Road • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com Engineering • Permitting • Consulting Services Mr. Ray Belair August 25, 1998 Page 2 (b) (i) Vale Drive and the 29 lots are located to avoid the wetland / wetland buffer. (ii) House elevations are set to conform to the Dorset Street VPZ standards. (iii) N.A. (iv) The size and shape of the open areas remain approximately the same for the proposed development (adding 7 lots) to that previously approved. Common land Previously approved Proposed B 19.73 acres 17.5 acres C 0.58 acres 0.39 acres D 4.57 acres 5.6 acres Total 24.88 acres 23.49 acres The net decrease is approximately 1.4 acres. The open space is contiguous to the proposed lots on the east and west sides. Nowland Farms Road blocks these open spaces for the areas to the south. Open space is contiguous to open space to the north. (v) N.A. (c) Vale Drive and 22 lots are an approved development plan. The addition of seven lots extends the utility systems by 600 +/- feet. The impact of these lots, water, sewer, schools, recreation path, etc., have been approved by the respective parties. (d) This plan provides housing for seven additional families in South Burlington. It does so in conforming with the issues addressed in Section 6.606 of the Zoning Regulations. Section 26.15 PUD/PRD 26.151 General Standards (a) We have applied for additional wastewater capacity in the amount of 3,619 gpd. We understand this has been granted. No portion of this project is in a floodplain. LLEWELLYN INCORPORATED Mr. Ray Belair August 25, 1998 Page 3 Stormwater runoff is collected and treated in stormwater detention ponds as previously approved. All applicable Health Department and Agency of Natural Resources standards are met. b) We have requested a water supply allocation for an additional 3,780 gpd. This approval has been received from Brent Desranleau. (c) An erosion control plan, extending the previously approved plan, has been prepared. This will prevent soil erosion and will contain water borne sediment on site. (d) The seven lots will only add 1 VTE / PM peak hour / home or 10 VTE / Day / home using ITE standards. These rates are generally considered part of the background growth and would not typically be reviewed as a complete project in itself. The level of service on adjacent roads and intersections will not change due to these increases. (e) Mr. Bruce Chattman, Superintendent of Schools, has provided a response for South Burlington and also completed a Municipal Impact Questionnaire for ACT 250. Redistricting and Impact fees will mitigate the impact of additional school children. (f) These seven lots will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities as evidenced by the above approvals. (g) The wetland area, delineated on the property west of the proposed lots will be unaffected. No lot is within the 50 foot wetland buffer zone. (h) There are no rare or irreplaceable natural areas or historic sites in this project area. The proposed seven homes will be architecturally and economically compatible with surrounding homes. (i) The open space accompanying the permitted Pinnacle @ Spear (73 lots) consists of Common land A, B, C, and D. Common land A will be unaffected. Common lands B, C and D will be modified as described above in the response to Section 6.606(b)(iv). Approximately 1.4 acres out of 24.88 acres of land will be used by the addition of these 7 lots. Much of the open space is wetlands and will remain undeveloped. (j) The additional seven lots will necessitate the construction of Dorey Road as a connector street to the housing units at the Economou property. This will eliminate long cul-de-sacs and provide an efficient street layout. LLEWELLYN INCORPORATED Mr. Ray Belair August 25, 1998 Page 4 (k) Roadways (Dorey Road and Nowland Farm Road) will provide an interconnection to the Economou property as well as connecting Spear Street to Dorset Street. Other utility systems are not interconnected. (i) This project is consistent with local Subdivision and Zoning Regulations and complies with the 1996 Comprehensive Plan by providing housing to the Southeast Quadrant. Please contact our office if additional information is required. Thank you for your assistance. Sincerely, LLEWELLYN INCORPORATED Lance A. Lle ' llyn, P.E. cc: John Larkin Attachments LLEWELLYN INCORPORATED I SOUTH BURLINGTON SCHOOL DISTRICT Bruce C. Chattman 550 DORSET STREET Superintendent SOUTH BURLINGTON, VERMONT 05403-6296 OFFICE: South Burlington High School Tel. 802/652-7250 FAX 802/652-7013 email: brucec@sbsdl.sburl.k12.vt.us July 8, 1998 Mr. Lance Llewellyn Llewellyn Incorporated 4049 Williston Road South Burlington, VT 05403 Dear Mr. Llewellyn: Thank you for the opportunity to review your proposed addition of 7 single family residental units to be added to the existing residential development known as Pinnacle at Spear (formerly Nowland II) located off of Spear Street. At the present time, Orchard School is at capacity and does not have space available for the students anticipated from these residential units. However, there is a citizen's committee looking at redistricting of neighborhood school for elementary students, which may help alleviate some of these problems. As you are also aware, the City of South Burlington has adopted an impact fee structure to mitigate the impact of new development upon the schools. The needs of the South Burlington School District are satisfied by payment of this assessment. As you proceed through the Act 250 hearings, I will be available to complete the necessary school impact forms on your behalf. Best wishes for a successful project. Please feel free to call me if you have any questions. Sincerely, i Bruce C. Chattman Superintendent of Schools BCC/dbg cc: Impact File Business Office CT 250 SCHOOL IMPACT !zdSTIONNAIRE FOR RESIDENTI,' PROJECTS Applicant to Complete: Applicant Name Larkin Milot Partnership (John Larkin and Gerald Milot) Municipality South Burlington Number of Lots or Units Additional residential units per this amendment - 7 Estimated Number of Students 3.5 School Superintendent or Equivalent to Complete: a. 1.3 c H e. 11 What schools under your supervision will provide educational services for families who will liVI-1 in this elementary middle sch( high school Do these schools have the capacity to accept the additional students listed above? (assume equal grade distribution) /Yes or No? If "no", what is the deficiency? OY d r_ f /Y _ _ , .4 _ _ _ "c lez;l 4 What plans e in plac6 to correct the problem? ri Z2 I r 4-1 S'Lu " c✓ aF'�' d SOme mr," ;nrlul- re,rf z��+,i��on ,5��«h�; Sche v l�f a e.-rya ' ) eX l7 S,1700 yPgr 50 1 J �lf pfarfs exis ,how o'u�dlhis�ap'plicarit help achieve those plans beyond adding new to the grand list? %he 9te,)41 A)iA-,�k-,/4A/t 1,1 rzk7.a, Do you have other comments? Ayh y, I certify the above information is true and acc Position Date Are you available, sufficient notice, to answer questions related to the above statements at an Act 250 hearing? _Yes or No? aft 4/95: SCHQUES CITY OF SOUTH BURLINGTON WATER DEPARTMENT 403 QUEEN CITYPARK ROAD SOUTH B URLINGTON, VERMONT 05403 TEL. 864-436I August 10, 1998 Scott A. Rogers Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 RE: Act 250 Review: Pinnacle At Spear, South Burlington, VT Dear Mr. Rogers: In response to your request as to the capability of the South Burlington water distribution system to supply water to the above referenced project we submit the following: 1. Your demand of 3,780 gallons per day for the above referenced project can be furnished by the South Burlington Water Department without restricting or encumbering its present users. If you have any questions or I can be of further assistance, please do not hesitate to call me. Sincerely, SOUTH BU INGT WATER DEPT. Brent Desranleau Superintendent cc: J. Fay D. Pratt C. Hafter LLEWELLYN INCORPORATED July 17, 1998 Mr. Brent Desranleau South Burlington Water Department 433 Queen City Park Road South Burlington, Vermont 05403 Re: Pinnacle @ Spear File: 97024 Dear Brent: Please find enclosed a set of plans for the above referenced project. The project, as previously approved, consisted of a 73 lot planned residential development on 66.7 acres within the Southeast Quadrant east of Spear Street opposite Deerfield Drive and the City's Overlook Park. There were 73 four bedroom single family house lots permitted. This proposed amendment includes the addition of 7-four bedroom single family houses and the extension of the proposed roadway and associated utilities. The work involved with this contract will include extending the water line by 1775 feet (8" ductile iron water main). There are three (3) proposed fire hydrants as shown on the enclosed plans. Design flows for the additional proposed work are calculated as follows: 7 buildings x 4 bedrooms / building x 150 gpd / bedroom = 4,200 gpd Minus 10% reduction for low flow fixtures = - 420 gpd Total design flow = 3,780 gpd We are currently preparing an ACT 250 application, and request a letter of allocation suitable for inclusion with our submittal. Thank you very much for your help on this project. Please call me with any questions. Sincerely, LLEWELLYN INCORPORATED C-1 - Scott A. Rogers cc: John Larkin Enclosure 4049 Williston Road - South Burlington - Vermont - 05403 T 802.658.2100 - F 802.658.2882 • e-mail: Ilewellinc@aol.com Engineering • Permitting • Consulting Services LLEWELLYN INCORPORATED July 15, 1998 Mr. Ray Belair Assistant Planning and Zoning Administrator City of South Burlington 575 Dorset Street South Burlington; Vermont 05403 Re: Pinnacle @ Spear (Howland II) File: 97024 Dear Ray: We are proposing to amend the Nowland II (Pinnacle @ Spear) permits to provide an additional seven (7) single family residential lots by extending Vale Drive. The plan has been presented to the Planning Commission and a Final Plat hearing is scheduled for July 21, 1998. To accommodate the proposed seven houses we request an additional wastewater allocation of : 7 homes @ 4 bedrooms/home x 150 gpd/bedroom = 4,200 gpd Infiltration 300 gpd/inch -mile x 570' for an 8-inch pipe = 259 gpd 20 % Reduction for connection to a municipal system = 840 Qpd Allocation Requested 3,619 gpd Thank you for your assistance. Sincerely, LLEWELLYN INCORPORATED Lance A. Llew yn, P.E. cc: John Larkin 4049 Williston Road - South Burlington • Vermont - 05403 T 802.658.2100 • F 802.658.2882 • e-mail: llewellinc@aol.com Engineering • Permitting • Consulting Services LLEWELLYN INCORPORATED August 20, 1998 Ray Belair 575 Dorset Street South Burlington, Vermont 05403 RE: Pinnacle @ Spear File: 97024 Dear Ray: Enclosed please find 5 copies of updated plans for the above referenced project, as well as an 11" x 17" copy of the site plan. We have reviewed your comments dated July 24, 1998, and our itemized responses are listed below: 1. The setbacks as shown on sheet 1 of 9 have been corrected. The plan now shows front, side and rear setbacks of 20, 10 and 30 feet respectively. A 50 foot setback has been shown on lots with frontage on the Nowland Farm Road extension. 2. Vaughn Button will submit a plat for the Vale Drive area no later than Aug. 21, 1998. 3. Please find enclosed an updated Table of Height Limitations for Dorset Park View Protection Zones, which is based on the new base line location. 4. Vale Drive has been shortened and moved slightly east to bring lot #67 out of the wetlands buffer zone completely. 5. T.J. Boyle and Associates shall submit an "as -built" landscaping plan for the entire development no later than Aug. 21, 1998. 6. Please find enclosed a school impact letter for the seven additional lots, written by Bruce Chattman, Superintendent of Schools. 4049 Williston Road • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com Engineering • Permitting 9 Consulting Services 7. The project complies with the criteria set forth in Section 26.151 of the zoning regulations. Municipal sewer is provided as shown on the enclosed plans, as is municipal water. Appropriate erosion control measures shall remain in place as shown, until complete stabilization of all slopes and seeded areas. The addition of seven lots to the already permitted 73 lots will not cause an undue adverse impact with respect to traffic congestion, nor will it cause an unreasonable burden to the City's educational, municipal or governmental services and facilities. Wetland areas have been protected and preserved, and scenic views have been accounted for. The additional seven lots will be developed to be aesthetically compatible with the surrounding lots, and there will be ample common open area as shown on the plans. The proposed roadways and utilities will meet City standards and have been planned with potential future adjacent development in mind. The project complies with the criteria set forth in Section 6.606 ofthe zoning regulations. See response to 7. above. 9. Please reference sheet 1 of 9. The plans have been revised to show Nowland Farm Road and Dorey Road proposed to the property line. If you have any questions or need any additional information, please don't hesitate to call. Thank you for your help with this project. Sincerely, LLEWELLYN INCORPORATED Scott A. Rogers, P.E. cc: John Larkin Gerry Milot LLEWELLYN INCORPORATED L/�sh� N��v LL zley—�� 7�6 eZlf�7 3 v � �2e c . �ic�-tQ-�--r` , City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 August 21, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Pinnacle at Spear, Add 7 Lots Dear Mr. Llewellyn: ZONING (802)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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, August 25, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Director of Planning & Zoning JW/mcp Encls SOUTh hURLINGTON SCHOOL DISI RICT Bruce C. Chattman 550 DORSET STREET Superintendent SOUTH BURLINGTON, VERMONT 05403-6296 OFFICE: South Burlington High School Tel. 802/652-7250 FAX 802/652-7013 email: brucec@sbsdl.sburl.kl2.vt.us July 8, 1998 Mr. Lance Llewellyn Llewellyn Incorporated 4049 Williston Road South Burlington, VT 05403 Dear Mr. Llewellyn: Thank you for the opportunity to review your proposed addition of 7 single family residental units to be added to the existing residential development known as Pinnacle at Spear (formerly Nowland II) located off of Spear Street. At the present time, Orchard School is at capacity and does not have space available for the students anticipated from these residential units. However, there is a citizen's committee looking at redistricting of neighborhood school for elementary students, which may help alleviate some of these problems. As you are also aware, the City of South Burlington has adopted an impact fee structure to mitigate the impact of new development upon the schools. The needs of the South Burlington School District are satisfied by payment of this assessment. As you proceed through the Act 250 hearings, I will be available to complete the necessary school impact forms on your behalf. Best wishes for a successful project. please feel free to call me if you have any questions. Sincerely, Bruce C. Chattman Superintendent of Schools BCC/dbg cc: Impact File Business Office Memorandum - Planning July 21, 1998 agenda items July 17, 1998 Page 2 Traffic: ITE estimates that the current uses plus the additional square footage for the educational facility generate 64.4 vehicle trip ends (vte's) during the P.M. peak hour. This property is approved for 8 1. 1 vte's. No additional road impact fee is required. Parking: The proposed uses require a total of 45 spaces and 43 spaces are being provided. Recommended conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 26.256(b) of the Zoning Regulations, the Planning Commission approves 43 parking spaces which represents a two (2) space waiver. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly converted space. 5. Any change to the site plan shall require approval by the South Burlington Planning Commission. 5) L & M PARTNERSHIP - ADD 7 LOTS - REVISED FINAL PLAT This project consists of amending a plan previously approved on 8/10/93 (minutes enclosed) for a 73 lot planned residential development. The amendment consists of. 1) adding seven (7) lots for a total of 80 lots, and 2) the resubdivision of an unknown number of lots.. The sketch plan was reviewed on 3/10/98 (minutes enclosed). This property known as "Pinnacle at Spear" is located on the easterly side of Spear Street. It is bounded on the west by Spear Street and several single family residences, on the north and south by undeveloped property, and on the east by a residential portion of the golf course. Access: Access to the additional seven (7) lots would be via an approved 1,100 foot long cul-de-sac N Memorandum - Planning July 21, 1998 agenda items July 17, 1998 Page 3 street known as Vale Drive. This cul-de-sac street would be extended an additional 700 feet. The maximum length allowed under Section 401.1(g) of the subdivision regulations is 850 feet. The Planning Commission as part of the 8/10/93 approval granted a waiver for the additional length. This request would lengthen the cul-de-sac street to 1800 feet. This street would now serve 29 lots. This cul-de-sac street would no longer be a cul-de-sac street when the adjacent residential development on the golf course is constructed. The reserved r.o.w. for future street extension to the north would remain. The applicant should be responsible for building the portion of the connector road (Dorey Road) that lies on his property. Staff suggests that permits for the seven (7) additional lots not be issued until Dorey Road is constructed. The golf course developer will be responsible for building the portion of the road that lies on his land. Similarly, the applicant should be required to construct Nowland Farm Road to his easternmost property line since this will eventually be connected to a part of the golf course development. Densi : The maximum density allowed under Section 26.152(b) of the zoning regulations is 80 units (66.7 acres x 1.2 units/acre = 80 units) and 80 units are proposed. Sewer: The additional sewer allocation requested is 3619 gpd (this includes the 20% reduction allowed by the State). The applicant will be required to pay the per gallon free prior to permit issuance. On 7/8/97 the condition regarding sewer allocation was amended to read as follows: "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 roadway serving this development shall be completed by December 21, 1998. The sewer allocation for any lots served by roadways which are not completed by 12/21/98 shall be lost unless reapproved by the Planning Commission." The additional allocation now brings the total sewer allocation for the development to 50,576 gpd. Landscaping The additional landscaping proposed has an estimated value of $32,460 . This landscaping includes street trees and site landscaping. The landscaping plan for the entire development should be revised to show all existing landscaping "as -built" in addition to the proposed landscaping. Impact fees: The applicant should be aware that these additional lots will be subject to school, 3 Memorandum - Planning July 21, 1998 agenda items July 17, 1998 Page 4 recreation and road impact fees. Since the Recreation Path Committee is no longer recommending that the path be constructed by this developer, there should no longer be a $300 credit per lot applied to the recreation impact fee. Recreation Path: Condition #21 of the 8/10/93 approval required that the recreation path between Vale Drive and Pinnacle Drive be constructed when either of these streets was constructed. This recreation path has not been constructed as required. As indicated above, the Recreation Path Committee is no longer recommending that this path be constructed. Lot size/frontage: The minimum lot size requirement is 12,000 square feet. The size of each of the proposed lots and the resubdivided lots has not been provided. This information was requested but not provided. The minimum frontage requirement is 80 feet. The frontages of the proposed lots and the resubdivided lots have not been provided. This information was requested but not provided. Non -buildable area: The plan does not show the limits of the developable and restricted areas on this property as shown on the SEQ zoning map. This information was requested but not submitted. This information is necessary to determine what lots if any are located in a restricted area. Wetlands: The plan should show all the wetlands and the associated C.O. District buffer. This information was requested but not submitted. View protection zone: The plan should show the boundaries of the Dorset Park Scenic View Protection Overlay District. This information was requested but not submitted. The applicant should submit an updated matrix to include the new lots which indicates the height limit on each lot. This revised document should be recorded in the land records. Staff recommendation: Staff recommends that the Planning Commission not make a decision on this application until the survey plat and height information is submitted. Other: ---the common land lots should be numbered. 4 Memorandum - Planning July 21, 1998 agenda items July 17, 1998 Page 5 --- the pole lights proposed would be 22.5 feet in height including the base, the maximum allowed is 20 feet. --- a letter from a property owner expressing concerns was submitted (see enclosed). 6) WILLIAM WESSEL - 4 LOT SUBDIVISION - PRELIMINARY PLAT This project consists of the subdivision of a 48.79 acre parcel into four (4) lots of 5.1 acres (lot #1), 5.49 acres (lot #2), 25.47 acres (lot #3, 19.07 acres in South Burlington and 6.4 acres in Williston), and 12.73 acres (lot #4). The sketch plan was reviewed on 5/12/98 ( minutes enclosed). This property located at 250 Van Sicklen Road lies within the SEQ District, the C.O. District and the Floodplain Overlay District. It is bounded on the north and west by residences and open land, on the south by residences and Van Sicklen Road, and on the east by open land and Muddy Brook. Access: Access to the four (4) lots is by a private r.o.w. 1300 feet in length and 60 feet in width. Section 401.10)(1)(a) of the subdivision regulations requires that a roadway serving four (4) or more separate residential lots be publically owned. This private road is proposed to be 20 feet in width and Section 401.1(k)(2) of the subdivision regulations requires that all private roadways be a minimum width of 30 feet with parking and 24 feet without parking. Section 401.1(g) of the subdivision limits the length of a cul-de-sac street to 850 feet. The length of the street proposed is 450 greater than allowed. At the last meeting, the Planning Commission wanted a condition added that requires the creation of a public street and r. o. w. connection to the north in the event any additional units or lots are created. Density: This property is allowed to generate a maximum of 50 units (42.39 acres x 1.2 units/acre = 50.87 units). The maximum units allowed on this parcel based on the development area of 17.1 acres as shown on the SEQ zoning map is 68 units (17.1 acres x 4 unit/acre = 68.4 units). The applicant is proposing four (4) units total. Lot size/frontage: The minimum lot size requirement of 1200 square feet is being met by all four (4) lots. 9 essclassified-com MerchandIse Build I M9911116111112 20 Musimllnstminerb Bu Sss 21 Pete & SgPW 23 PimtoSupplies C 24 . Took&Marlines Foe1e&Stoves 25 Yideom/St— , ,, 28 Wanted to8uy/SM ja�dsf3arden 27 •-' flewoe aat�eSCtl. 28 t 3 ent. of maintaining our Stan- acy and good taste, we )ht to refuse, cancel or g at any time. ington ,er; M PrN, and a Payment BUNLU each in an amountequal to one hundred percent (100%) of the contract price, will be required. (40 CFR section 31.36(h)) Federal minimum wage rates and public work employment laws are ap- plicable. (40 CFR section 31.36(p(5 and 6)) The BIDDER is required to take all necessary af- firmative steps to assure that Minority Firms, iWomen Is Business En- terprises are used when possible 40 CFR section 31.36(e) Any BIDDER, upon re- tuming the CONTRACT DOCUMENTS within 30 days after the actual date of BID opening and in good condition, will be refunded his payment. PLANNING COMMISSION The South 'Buriingv Planning Commissit will hold a public hearii at the South Burlingt, City Hall, Conferen Room, 575 Dors Street, South Burlingt( Vermont on Tuesdi July 21. 1998 at 7: P.M. To consider the A pre -bid conference for prospective bidders will be held at the Village Clerk, One Memorial Sq., Orleans, VT, 2:00 Pm Wednesday, July 22, 1998. Representatives of the Engineer and State of Vermont will be pres- ent to answer questions from bidders and discuss :! DBE participation re. quirements. _ July 3 & 4, 1998 NOTICE "The Board of Schoc �. Directors of the Soutl all Burlington School Dis trict request sealed bid S for Construction of Builc ing Canopy for Sout Burlington Central Eli mentary School Bids w W anted to Rest Rooms for Rent Roommates Wanted Apts. Unlminihed Apts. Forri aped Houses for Rent Condo Rentals Vamboularlab Olfice/Commercial Mia . Rar b Fox mercharndue Yaluea a aa� - ■ 5 velucles Per w. y el , See a Classified Coupon for details. �s te Aufos/Tracks Diredo Real f !fa Heavy Equipment 72 Services 38 49 OulofStateProperly 63 Work 75 Bmld/Ramodei 40 conadmi,>i»ma 76 Fscavating 5ro Camps & Campsites 64 Motomobd s 77 FirewoodfF 41 Raa u 52 ]ota&Aaea9e L` Aotomohilea cei 41 Ho�tForSak 78 Home Servicesa^.d 55 Real Estate Wanted 66 Auto Financing 430 Commercial 67 Cara 75 s older 19 On The Farm 44 GYatdLle Co. 68 Classic Cars 60 Farm Animals 60 Mobrle Homes 46 C0#'0ka �� 61 Sports Utilities & Mini Vans 81 Farm Employment 116 Fox AutoSernce/Parts 82 Farm&gmp ltdakySernces Feed Fodder and rwre_ hia—L Cie) J I EMPLOYMENT 12 i, 4 SERVICES f CLERK Full time position avail- able for individual who en- oys learning multiple asks and working inde- i endently. Must have slid driver's license, reli- ble vehicle and familiarity ith computers. Previous xperience in an office etting desirable. Hours: i ad�nrfav-Fridav 8:30am- 011owing: r" " Send resume to Bar- t) reliminary plat app bare Ross, Human Re cats n of William Wes sources Director, Re - The to su ivide a 48.79 I Burlington Free Press parcel 42.39 acr in 191 College St., Burling South ngt Into ton, VT 05401. four (4) to of 5.49 The Burlington Free Press acres, 5.10 acres, 12.73 1 is an Equal Opportunl (19.07 acres 5 In Soruth l s ty among our employee Burlington), Van Sicklen' and recognize that Su Road. cess depends on tosterin an environment where a 2) Final plat application io ployeres can fullest potentut of L&M Partnershipto The Burlington Free Pre amend a previouslyy lot is art of Gannett Co. Inc. proved plan fora 73 lot P planned residential de- Auto velopment, Spear Street' AUTOMOTIVE (Pinnacle @Spear). The TECHNICIAN amendment consists of Bus service departure adding seven (7) lots for looking for Tech. ASE c a total of 80 lots, Spear ; tification helpful. Excelle Street. working environment Copies of the applica f'd tions are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington I planning Commission I July 4, 1998 j REQUEST FOR j QUALIFICATIONS Burlington Community Land Trust (BCLT) and Housing Vermont plan to renovate two buildings containing 15 apartments in Burlington, Vermont. Architects interested in being placed on a select; bidders list are invited to contact Jan Mueller at Housing, Vermont (802-' diver benefits. For a con i tial interview, cont Peter or Dan at: Handy Chev-Old 1-800-999-7097 e _ 12 EMPLOYMENT � 12 EM EMPLOYMENT 12 EMPLOYMENT CAREGIVER 30 y r old Cooks Come Join Our Team at DRIVERS HA needed. Apply in per- C gaudriplegic male seeks care attendant to assist Full & son: Booska Pillsbury Manor. COOKS 180 Flynn Ave, Burl Movers, & in getting up & putting to part time exp.th needed at our new fa- ton.864-5115 m bed. Must have experi- 863-3083 or cility. Benefits incl. 401k DRIVERS WANTED gr ence a plus. 863-6498. plan, medical plan, vaca- tion, sick time, personal com- For local appliance deliv- ct eries. Good pay/benefits. S, CARPENTERS Barone Construction is looking for dependable, time off, holidays, Pant paid life insur ance.Please contact Ed 802-654-7866. s, ELECTRICIAN S N skilled carpenter's. POS1- tion requires two years Farmer 863-2386 or 863- 7897 or come in & fill out y rentice, 4th year App Journeyman, or Master e experience, owning your an application @ 1530 needed for FT position. HI Must have valid drivers n own tools and having re- liable transportation. Williston Road LINE COOKS license. Call D & B h Electric at 802-655-6822. v Please call 878-0226. & DISHWASHERB ENVIRONMENTAL r CASE MANAGER Sweetwaters is hiring to ENGINEER E Provide case manage- ment to homeless adults fill kitchen positions. Affordable health bene- Environmental Contract- H requires entry as they transition to stable housing. Strong communi- fits. Employee meals & excellent work environ. ing Co., level position toprepare - cation skills and the ability ment. Good attitude & UST closure assess and assist in envi- I to work with varied popu- work ethic more impor- ments AUTO BODY MECHANIC Persons of color s ro g y encouraged to apply. oriented, apply in person at Twin Oaks Sports and ro ressive exper. re - lated to municipal utility for solid position for "Sold the First Day". Fitness. design & construction steady worker with expe- We hear this everyday CUSTOMER SERVICE management and dem- rience; ideal working conditions, good fringe from successful ad- vertisers. Free Press 50 yr old company look- ing for aggressive indi- onstrated verbal & writ - ten skills. To apply send benefits. For appoint- Classifieds work. Call vidual to add to our letter of intent & resume meat: 864-4015, ext 136. us at 658-3321. We existing team. Extensive to: Human Resources, AUTO DEALER can help you make y our h work. phone contact with cus- MUST BE SA- PO Box 106 -0568.Northp- ton, MA 01061-0568. Sales Mgr. -Medium size dealer -outlying area. CASHIER Convenience tomers. LES/SERVICE orien- EXECUTIVE CHEF Body Shop Mgr: Attrac- store. Must be very reli- tated. Construction tive pkg for experpro able, outgoing and good background helpful. If Controller/Office Mgr.- with a cash reggister. Sal- you enjoy challenges, Attractive opportunity for ary range to S6 per hour people and phones apply strong mgr. Rutland + benefit package. in person or send re - area. Responses CON- Clark's Williston Sunoco, sume FIDENTIAL. 878-4430 The Overhead Door CO CAR PEOPLE Sweet Tomatoes Tratto- tia in Rutland is inter- Eneraci,: viewing skilled prates- I and her(` sionals for the Head I ees ❑eeo Chet position^ 6 you are I oen -a LLEWELLYN INCORPORATED July 17, 1998 Mr. Ray Belair 575 Dorset Street South Burlington, Vermont 05403 Re: Pinnacle @ Spear File: 97024 Dear Ray: We have reviewed the comments from your office regarding the above referenced project and made the appropriate changes. Please find enclosed 5 sets of revised plans and one 11 x 17 site plan. An itemized response to your comments follows. l . Trees must not be planted on top of water mains. RESPONSE: Please reference the revised landscaping plan, sheet 2 of 9. Trees have been moved outside of the street right of way. This will prevent interference with any utilities. 2. The 8 inch water main should be extended another 40 to 50 feet to be sure it crosses the drive way to a house constructed on Lot 68. RESPONSE: The 8 inch water main has been extended approximately 240 feet to the beginning of the proposed 60 foot easement. This will facilitate future expansion, if required. Please see sheet 4 of 9. 3. Curb stops should be located 6 inch from the street R.O.W. line as typical details show however the plan shows them in the grassed area between the curb and sidewalk. RESPONSE: The curb stop locations have been revised and are now 6 inches from the right of way, as shown on the standard detail sheet. Sheets 3 and 4 of 9 illustrate this change. 4. Sewer services for lots 58 and 59 should come from the main between the two lots. RESPONSE: Please see sheet 3 of 9. Sewer services for lots 58 and 59 now come from the main between the two lots. 5. City Water Department should receive a set of plans for their review. RESPONSE: A complete set of plans has been forwarded to Brent Desranleau of the city water department. 4049 Williston Road • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com Engineering • Permitting 9 Consulting Services A number of other changes have been made in response to your second page of comments, which were not numbered. Following is a list of changes and / or statements resulting from these comments. • The revised survey plat showing the new lots will be submitted by July 21, 1998. • The common land lots have been labeled with letters, concurrent with the FitzPatrick-Llewellyn Incorporated drawings previously approved. • The additional sewer allocation request has been submitted by this office. • The plans now show the limits of the developable and restricted areas as shown on the SEQ zoning map. See sheet 2 of 9. • The C.O. District buffer associated with the wetlands is shown on all applicable sheets. • Sheet 1 of 9 now shows the boundaries of the Dorset Park Scenic View Protection Overlay District. • Information on the maximum height allowed on each of the new lots is included with this letter. Please see the enclosed "Table V". • The plans show a total pole height of 20'. Please see sheet 2 of 9. • Terry Boyle has been contacted to complete an as -built landscaping plan. Please call me with any questions. Thank you for your help with this project. Sincerely, LLEWELLYN INCORPORATED Scott A. Rogers cc: John Enclosures LLEWELLYN INCORPORATED 00, ",Cole 7 i� t 0 Vermont Federal Bank.. A Federal Savings Bunk •:• t? oojc `j/ wto"r �7cdc=t a�td ryau'Qi ee Kvt&c wa4 else isoje tw oo4ewe eog4atmC4 au'egta&d Bad¢ (ct tle Jea&. Zc caze 464 0= ,t�cuatezd - acid it Qlau�. ':• 2p= weatio�"lz cuc ?/eau mfa #eGGaG �GKa" �il�e' /" V eoga"e to !save a J&ue 4 I `?1c,wfo4,,t moir creative each� z 1faw46ctd, 7cutd out 6!<4 o"z - ut 4"z E `j/e"oor lsawae&,�,* lave elsa.aeut to Z mid ?/ewioae 7edenae. ■■■■■■■■■■■■■■■■ �or 9,pu"&m oa liat!ldi cg lots aad "ato..c lso.xe AaoFagea a Puma& at sAe= A&"C coataat J?a rol V ag4e,Kc3 a: brad fit MIX Wt lot Real 5ar44e 659- 2OX ■ 47 20 21 22 23 24 25 28 27 V 48 PMiNIClt Dam= 45 44 43 4 4 40 39 38 37 38 COMMON uxD . '?1CWt4Wt �� 52 531541551 58 57 • • � n a vita DafiB 58 59 80 8 82 voted '�a:vatite �Qaee to �a�¢ tcva 73 72 71170169 88 87 O 88 `I/Msz 04 �?cdcu-d 6404 a A&a aed to awwaKce d,¢ecid Pam" �n tfe 4jmt.9actda eu11CT at ■ PINNACLE ■ 84 83 COMMONLlh'D ��'Q ,lea' L, s�occe r�awnd�. m © I m 103 ■ ■ R 6 A L 8 5 T A T OVEPALLSITE RAN i ■■■■■■■■■■■■■■■ . fir: \UO '-r jcJc of `� r� I -,q Norlond ;ion ent,tred , p-IJB1, r F,11pofnU- -�q Economou o pldn meet C2-9. A s, ocjQAc} II/r UNDERn00D 2 --=70 7J 729 6B 6766 COO.4AAON LAND L 0 „ COUMON LAND- J� J 16 1-5 1a 13 i2 11 1 p 9 A 24 25 26 27 28 29 30 32 a► a0 J9 37 J6 J5 34 ZJ8I COMAJON LAND e I , 9 60 62 n I�J2 !J 0 29 78'2I 7-26-25. / 6-J_ bL .1-j2 _1_-11 J 1a euo / LAND 23 ?? 21 20 19 116 C N/i ISNAM N/r rARRfu 101*- • Grdd C V^of ,A of n R.f y 101ffv-^4 Rrx,d 9�91 on. ✓r 05•03 o^ the y.wbufty r.Wop—, l pw.noct• of �, No.+ond f.o* 11,rs tnq tot, 7• - "Oq,,, fs p6a . dspkt►.q No -fond w,ed Mon. tn• don .ntffl.d won'. dio.Mq 0-081. d 10/5/91 by ntrvof11c►- Pion. : tk.9 EconoMwu 6 taH@I -. O pion ca t cc ,10. 1r•«f c1-9. (-N•df (nar.«n Asg*cfotss. v.sfrucfbn M/r UNOCaftcm >2 \ r OF H 4 �� \r �4 1 I / J r IN 11 r 51 �� e 50 COMMON k 19 A eB 1/j 17 )6 15 14 1 12 I I t0 10 e7 1 21 2?(2J 2e 2-5 26 21 28 29 JO J246 I 45 44 eJ 42 •► e0 J9 J8 \ 1 J7 J6 J51 )e I I CO "ON LAND 8 I 51 54 1 55 1 56 5 SB S9 I i 60 I 61 62 6 J —.-- COVUON (AND F J2 J►-J0129,7B,27•26.251 2e I__ 1 J - - =6 e- 9 o I 2f T — -� L Imo_ J �J 114 1 15 T` '6 1 19 ►f'Ifq N/r 1SNA1,/ N/i 0.. 7'pl 1 ' MOBS • Pw� a• w,w 1 GwH '. war • •rp Y,s � • . ' � • �.. , �� r . • J I � d � _ I',� rf f 14 ._..,�. `--}"'. .• �.w°t'..•...r �l�: 50'^�91i �`.�� _�— _—'�--_� ,/ •o„/,r, a . I J I r��r,. 0 Ii5'•tl =�•_.Ir•II ' _ • ��~CJ[,C �Jr I . >....� • .r br rr,r...erw ,•.r.Y ,w,n�.r .w.a•. I ---y/ �' 1� 1p _ L ' i 71 71 7} )• ss '�("J` 1 - � 11 } �J ,�-11 1 l.t. . C,` ,7_l \ 1(.' \`l I•V I I I I I 1, � 6 °5'• ,) fr7j J9 19 )'' 7r �J � \� I•^7��I ; -/( L_•l " 1�1L._L,wi I ':u% 57 Sl S° SS 56 }, � i �� I •r .__ �� / 67� / I PTI: ,S » �6 'S T ,. TJ ' T� 6l 5 v I / '� ccvwd r -r.0 �I' 666 I A • r...r..• /� 69 68 T -r-r , r 1-r r �, / JI •Jr•Jp•7J. . L,; '•76.23• N ' ,� 20 4 j C E I V E D 'i fir} JUN 2 6 19y^ City of So. Burlington rr.l ,� -- r I—, .c ::__L PINNACLE AT SPEAR �• PROPOSED LOT PLAN FOR 52-80 PLAN I LLEWELLYN u.l INCORPORATED r+M M rdrrr,Mrf M( t>Tfr fVliMYf tY W,aO _ r i orm K000 ano Du ror vote Urrve I 1 1 8. Roadway profiles and utility details - 1 I through 9 and attached FitzPatrtck-Lh . i 9 The Nowland Form Road extension and line extension on Nowland Farm Road 1 drawings prepared by FitzPatrlck-tlewe. I I 1992. see plan set entitled Nowland 1 these iruwul95 ire il(i,ncj I.: lruy PI _ ( DeIW"'' I t0 Utilities - Roadway - 1752 feet G cage Of �etbnd] See �tSPotnCk-Ue.eltyn Inc o.a-+ set enLued "µo.rd�d Two' 3oted ),ty 1991 9* Sanitary sewer - 1951 f I I 8- Ouctile iron water main 12' HOPE Storm sewer - Y --------------- - - r--I 15' HOPE Storm sewer - I( 18' HOPE Storm sewer - If 24' HOPE Storm sewer - 7 /' r +l0 11. See General Specifications sheet 5 of r(I _0 ` 60 I I _ hln 12. Utility systems (sonitory, water and st III 1r `�I - __ lots 5280, originate in the existing ph 61 \ i~ - - Two. As such, the proposed elevotions / / 62 I , - - , ` odNsted without written authorization a ----__ engineer or owner. _ I Leave excess fill on lots C 6 @) I 73/ ---f- I I 1— _ 60�Eosement N/F Forretl i?oti 11' / '--_ ns.�r z I N/F tsfgrn / RECE JUN 2 City of So. 60' Ubkms easement (for Econornou Forms, k+c.) 11 Grophit: Scale -100 0 100 200 30 PINNACLE 0 SPI SOU iH BURUNG TON OVERALL SITE PLAN 4 e W-WRANWM-4 4 %/ftfir limp- LLEWELLYN INCORPORATED PINNACLE @ SPEAR Lots 52 through 80 Vale Drive South Burlington, Vermont Table of height limitations for Dorset Park View Protection Zones Zone A - Section 22.401 Zone D - Section 22.407 Notes refer to Table below Column 1. Lot numbers according to Llewellyn Incorporated, Drawing 0067-D Column 2. Dorset Park View Protection Zone (VPZ), A or D Column 3. Distances scaled from Dorset Park VPZ baseline to center of house lot - feet Column 4. Ridge Line Elevation relative to Dorset Park VPZ Baseline VPZ A: Ridge line = 441 - 4.3 (Distance / 1000) VPZ D: Ridge line = 441 - 2.0 (Distance / 1000) Column 5. Road centerline elevation adjacent to house lot Column 6. Proposed First Floor Elevation (based on footing drains discharging to storm sewers) Column 7. Height of house (First Floor Elevation to Ridge Line) TABLE V 1 Lot # 2 VPZ 3 Distance from Base 4 Ridge Line Elevation 5 Roadway Elevation 6 Proposed FFE 7 Height of House 52 A 4785 420.4 394.2 398.3 22.1 53 A 4835 420.2 393.9 398.5 21.7 54 A 4865 420.1 393.6 398.7 21.4 55 A 4890 420.0 393.4 399.0 21.0 56 A 4945 420.2 393.1 399.2 21.0 57 A 4975 419.6 392.8 399.3 20.3 58 A 4990 419.6 392.5 399.5 20.1 4049 Williston Road • South Burlington • Vermont • 05403 T 802-658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com Engineering • Permitting • Consulting Services TABLE V (continued) July 17, 1998 1 Lot # 2 VPZ 3 Distance from Base 4 Ridge Line Elevation 5 Roadway Elevation 6 Proposed FFE 7 Height of House 59 D 4940 431.1 392.3 399.6 31.5 60 D 4970 431.1 392.2 399.7 31.4 61 D 4980 431.0 392.6 400.0 31.0 62 D 4990 431.0 393.1 400.1 30.9 63 D 5010 431.0 393.4 400.5 30.5 64 D 5010 431.0 393.8 400.6 30.4 65 D 5010 431.0 394.4 400.7 30.3 66 D 5010 431.0 395.0 400.9 30.1 67 D 5015 431.0 395.3 401.2 29.8 68 D 4765 431.5 394.8 400.9 30.6 69 D 4765 431.5 394.2 400.7 30.8 70 D 4765 431.5 393.5 400.5 31.0 71 D 4765 431.5 393.1 400.2 31.3 72 D 4765 431.5 392.5 400.0 31.5 73 D 4815 431.5 392.1 399.7 31.8 74 D 4800 431.4 392.4 399.6 31.8 75 A 4785 420.4 392.7 399.2 21.2 76 A 4735 420.6 393.1 399.3 21.3 77 A 4710 420.8 393.4 399.0 21.8 78 A 4685 420.9 393.6 398.7 22.2 79 A 4660 421.0 393.9 398.5 22.5 80 A 4635 421.1 394.2 398.4 22.7 Page 2 of 2 LLEWELLYN INCORPORATED 35 Pinnacle Dr. S. Burlington, VT 05403 April 7, 1998 Planning Commission City of South Burlington 575 Dorset St. S. Burlington, VT 05403 To the Members of the Planning Commission: As residents of the Pinnacle at Spear Development, we are writing this letter to voice our concerns about a development project that may be proposed by John Larkin for Pinnacle at Spear Phase 2. Based on preliminary drawings, Mr. Larkin proposes to add 7 lots to the existing plans with access to these lots by an extending a pre -approved cul-de-sac. These 7 lots would be created by the conversion of common land into residential lots. Our concerns are as follows: 1. We purchased and built our house on lot #33 in Pinnacle at Spear Phase 1 based on the knowledge that the common lands that abut our property would not be developed. Therefore, Mr. Larkin's plans to develop this common land verges on misrepresentation. There are commercial documents available that give potential land purchasers the belief that the original development would maintain the common land as undeveloped. By granting Mr. Larkin any proposed changes to the existing development, precedent will be set that allows a developer to sell building lots to the public with implicit assumptions as to future development, only to allow the developer to change the plans of the development once consumers have bought into an earlier site plan. This is just bad business and as a Taxpayer I do not believe that the city should condone such practice. 2. The existing Pinnacle at Spear Phase 1 & 2 development has gone through all the necessary local, state, and environmental review processes. Based on documents from this previous review, the original development was scaled back to its present size from a much larger proposed development to accommodate all the concerns raised during the review process. Many of these concerns were environmental (a considerable wetlands areas exist within the confines of the development), effects on city services, and schools, just to mention a few. We believe that findings of this past review are sound and should apply to Mr. Larkin now as it did before in order for his obtaining approval for the original development. 3. As parents with a child in the Orchard School, we are seriously concerned that the Orchard School is at its maximum student population. Any additional increase in student numbers will only stress the Orchard School more than it is at present. We hope we have conveyed our sentiments concerning this matter and would be more than happy to supply the Planning Commission with any documents to support our concerns listed above. Sincerely, KavidM.shaw, Ph.D. atricia M. Warshaw - graphic scale. - type of location, and size of existing and proposed utilities. - location map, showing relation of proposed subdivision to adjacent property and surrounding area. - all applicable information required for a site plan, as provided in the South Burlington Zoning Regulations, shall be submitted for subdivision involving a commercial or industrial complex, multi -family project, planned unit development, or planned residential development. (i.e. coverages, landscaping, etc.) - please be advised that condition #21 of the June 18, 1996 approval requires that the recreation path be constructed prior to occupancy the first residence. L & M PARTNERSHIP- ADD 7 LOTS - REVISED FINAL PLAT the revised survey plat showing the new lots must be submitted by July 10, 1998 - common land lots should be numbered -/the additional sewer allocation request should be submitted -fhe plans should show the limits of the developable and restricted areas as shown on the SEQ zoning map. --the C.O. District buffer associated with the wetlands should be shown ,Athe plans should show the boundaries of the Dorset Park Scenic View Protection Overlay District. submit information on the maximum height allowed on each of the new lots. This will need to be recorded in the land records - pole lights proposed would be 22.5 feet in height including the base, the maximum allowed is 20 feet. `/a revised landscaping plan for the entire development should be submitted showing "as - built" and proposed landscaping. -since the Recreation Path Committee is no longer recommending that the path be constructed by this developer, there should no longer be a $300 credit/lot applied to the recreation impact fee. !staff recommends that no permits for the seven (7) lots be issued until Dorey Rd. is constructed. BURLINGTON INDOOR TENNIS CENTER, INC. - INCREASE FLOOR SPACE - SITE PLAN - plan should be revised to accurately reflect existing site conditions and parking lot layout - provide details (cut -sheets) for all existing and proposed exterior lights and show locations on plan No Text Memorandum July 21, 1998 page 2 PINNACLE AT SPEAR - VALE DRIVE (7 LOT EXTENSION) SPEAR ST 1. Trees must not be planted on top of water mains. 2. The 8 inch water main should be extended another 40 to 50 feet to be sure it crosses the drive way to a house constructed on Lot 68. 3. Curb stops should be located 6 inch from the street R.O.W. line as typical details show however the plan shows them in the grassed area between the curb and sidewalk. 4. Sewer services for lots 58 and 59 should come from the main between the two lots. 5. City Water Department should receive a set of plans for their review. / // i 4Al vi fv �IeoT IOM -ol��s ?09 // GDLO{. I.0 Or_ ( d"4 ; ! � � � I ` O � .. '* N-�I G►-•ET��1 : f,.t��li I��1'> FK'dM( ® I ^ ® N ®I 1 an---ieln�E LI►.t�' ELE�/�iTIDI-1 TO I 1QDa rl L, I , �� • 4 Lo Zoe QLo rnQ Lo •/ ♦• a 40) / CO ��• �/ ; _ ,+�PI'Iz.OKIM�CT�, TR->✓.G }}�Ilo!-i'r Llt-(I-f�l; . I � �Y.\ 1 II N • IZP_FEIz TD t �►-�►7SGb.P� PL4 '� 4501 i I� • ,.• •• / . Z o 2 5' • - 1, Z, 20.23, 42.5$, 67.73 � �,• ._ ZS- 35 �•••........3�c{.� I�-19� 2�-4� 5q-Colo � a 1 p,-� �� •�.-341HO 073UH330 zoo c.rTN �LI►n.1�It.k r0I-�. vT. FIT pQT4°I�l�-LLeweLl1(P JULY. IQg3 1_:itN of South Burlin_t- 375 OORSET STREF- �i�l,"-1 BURLINGTON. VERNICN- =AX 558-1748 31-ANNEP i-8-"355 July 17, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Add 7 Lots, Pinnacle at Spear Dear Mr. Llwellyn: Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, July 21, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, /of— G✓t6w Joe Weith, City Planner JW/mcp Encls I � i I I Approximate end of existing roadway construction, station 7+00 •- �- ------ Stabilized construction entronce,-�l see sheet 8 of 8 NORTH 1sr LEGEWN CA" eA9N DIME3� 13 an smrw srRElr - ST- GATT VALVE NI ►� FIRE HYDRANT REpxfR WATER SERNCE ® 7 RATER LK -r w- sawNAsNar ,. 0,P SERER sm"Im -� stKR LANE - -r s- u/tnEClwc ^. --up-- GhtM wA'- ucNT POLE 9LT RNft SF - NAMAIE DAr .W0r aE, 97.37 97.37 'PErs W • O lYNrcy T 9DERALN .CELL QRAK MANAGE r PAM 9MEALf r_f � EA4NENI -•-----•-•- CAt MARD Pa11T • PAN ° m Tom YET RON PPE ram GNPs" WILANDS <r;'..• FINCE LK x - x MANAGE PAN y sat EI M tOCARON SIT 1+ 9E I+ All sW DO NOT APPEAR ON MS PLAN SET Regrode road, eNtend water line July `\ A, sewer line, move trees 1998 USE11 SNAIL CONTAN nlls aDPr CONTAINS ME 1ATE5T TD9ATE IO.TREVISIONS DATE Approximate station 21 Location of Pinnacle Drive is approximate only. See Attachment 2, Donald Hamlin record drawings, dated December 1995. ---- -------------------------------I Sew Mwt S of Y 1 I I For construction details of Nowland Farm Rood see / I IE FttzPotrick-Llewellyn Inc. drawings entitled "Nowland Two" n dated July 1992. Copies of these drawings are attached. / -Boundary of the Dorset Park Scenic I Yew Protection Overlay District A ZONE a/ 1 1 50' Wetlands buffer zone / ZONE i I js,v. • I Delineated edge of wetlands. See FltzPnlrick-Llewellyn Inc. --'-----f-- plan set entitled "Nowland Two" dated July 1992, ` :.]ram•.,--...... -- :....(.., • I 52 �j9 53 19 54 55 -- S6- -------------•-,__,� y I ' \ 50 Wetlands buffer zone yr 037 ac Y.,0.30 oc I _0.3o as-0.30�?.�j I s .59 _ \�\-j � •+..... \ + -`,-lo sr I - �r t 0.31 cc �\ I . _ 10.31 oc`� O.J1 r 1 / \ 1� a° ) • \ \ 0 r _ \ Common land B (revised) h' - - °c I. 62 ` \ T c _ / �I- \ _ \ 0.37 a� I 1 0.31 oc I - 0.31 ac. 1 0.32 oc 0.32 Ia3,1 `�� 64 ` o.3t cc I I I I oc I°a / O 66 - 0.3Y ... `��, _. - I .,03, o _ %�.. .. 65 _. (u) 79 7$ 771 76 _ 75 J �� l °C' I o3j .. '� °` / I 0.38 cc h;� - '-Jso, ....... i ,. �1� l/�) 1 m• 1/ 0 In uc 1 I nn n" 7 i I = -� 73 J, 3z %� -- ' Lot /'s typicol !! �/ 72 oo. / ^ts I ---71 % 03800. i 1 _80' Easementl I ` //�� II / \1 Sss chest 3 d Y--L------------ _ - - - \ Common land D (revised) ; / ,,, - - ai / O'8�oe `393- ,\ -- ----_---_om 69 -----68 man_i0 mf -Creis3e9 -se----I3 oII I 20' Recreation easement-/ z ! _ N/F Ishom I N/F Economou Farms60' Utilities easement (for Economou Farms, Inc.) , Ina. Connect to Economou Farms E C V E D JUL 2 1 1998 City of So. Burlington NOTES: 1. Owner / Applicant: Gerald Milot & John Larkin P.O. Box 4193 Burlington, Vermont 05402 Tel: 802-864-7444 2. Project - The project described by this plan set is the construction of Vale Drive and the addition of seven single family residential lots on the project approved as Nowland Two, July 199Z and now known as Pinnacle 0 Spear, South Burlington. This construction contract also includes the completion of Nowland Farm Road from Station 7+00 (approximately) to Station 21+20 (easterly property boundary). See FitzPotrick-Llewellyn drawings 0-4351, D-4352, 0-4385 and 0-4388, attached. J. For construction purposes, this project includes the construction of Nowland Form Road, Vale Drive, utility systems, stormwater retention pond and landscaping. 4. Total parcel - 66.7 acres Additional proposed lots - 7 Total lots, this subdivision - 80 5. Minimum setbacks Front - 30 feet Side - 15 feet Rear - 30 feet Setbacks denoted by on plans 6. Topographic Survey. Topographic data was obtained from plans prepared by FitzPotrick-Llewellyn Inc., July 199Z see plan set entitled "Nowland Two", lost revised on 1011193, project number 92045. Data was digitized for this plan from that set. 7. The contractor and engineer shall obtain as -built ties to underground structures, including pipes, and provide ties to the owner, the engineer, and the City. 8. Proposed roadway right-of-ways are 80' for Nowland Form Road and 60' for Vale Drive. 9. Roadway profiles and utility details - see sheets 3 through 9 and attached FitzPOtrick-Llewellyn drawings. 10. The Nowland Farm Road extension and the 12" water line extension on Nowlond Farm Road are shown on drawings prepared by FitzPatrick-Llewellyn Inc., July 1992, see plan set entitled "Nowland Two*, lost revised on 1011193, project number 92045. Photocopies of these drawings are attached to this plan set. 11. Utilities - Roadway - 1752 feet 8" Sanitary sewer - 2075 feet 8" Ductile iron water main - 1775 feet 12" HOPE Storm sewer - 396 feet 15" HOPE Storm sewer - 1050 feet 18' HOPE Storm sewer - 1018 feet 24" HOPE Storm sewer - 715 feet 12. See General Specifications sheet 5 of 9. 13. Utility systems (sanitary, water and storm) serving lots 52-80, originate in the existing phase of Nowland Two. As such, the proposed elevations shall not be adjusted without written authorization of the developer, PnainP nr nwn- 14. Leave excess fill on lots. 15. For legal lot areas and descriptions, see boundary plot. N/F Farrell Graphic Scale -100 0 100 200 300 400 „t PINNACLE ® SPEAR SOUTH BURLWGTON OVERALL SITE PLAN LLEWELLYN INCORPORATED ENGNEERING"PERM TING "CONSULTING SVWEs SOUTN BURLINGTON T 902-8se-2100 VERMOEIT 05403 F 802-658-2882 VERMONT PROJECT 97024 DAX: JUNE 1998 DRAW BY SAR DRAM 0067-D 9frl: 1 a 9 I 43 Pinnacle Drive South Burlington, VT 05403 July 8, 1998 South Burlington Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Sirs: I shall not be able to attend the Planning Commission meeting on July 21, 1998, but I wanted to express my concerns regarding the proposed amendment to the Pinnacle at Spear development. When we purchased lot 36, Phase 1, Pinnacle at Spear, we were assured that there would never be any building behind lots 33 through 36, and, therefore, those lots were the most desirable because of their unobstructed view of Camel's Hump. We were also given maps showing that the lots behind lots 37 through 45 were to be arranged around a cul-de-sac, with no through traffic, and a considerable amount of common land. In the proposed amendment, there will be through traffic between Spear Street and Dorset Street, by way of the Pinnacle at Spear development, and what was once a cul-de-sac will connect with a large housing development on the golf course. Much of the common land would be converted to building lots. Also note, the lots have been re- numbered to make it appear that lots 74-80 are being added east of the proposed road, rather than north of what was to be a cul-de-sac. would also like to call your attention to page one of the Subdivision Permit , Case No. EC-4-1750, dated 11 /12/93, which states, "This project, consisting of 73 lot residential subdivision (maximum of four bedrooms per house) served by municipal water and sewer services located off Spear Street....." I have two advertisements for a house in this development which state that the house has four or five bedrooms. I have been in one house, not the house of the advertisement, which clearly has five bedrooms. It is evident to me that the Subdivision Permit is being ignored. One criterion of both the planning commission and Act 250 relates to school capacity. It would appear that if houses with more than four bedrooms are being built on some of the lots, then the schools will be faced with more students than those for which they have planned. Research has shown that small class size (under twenty students) has a significant effect on learning, especially at the elementary school level. As a teacher, I am very concerned about maintaining the high quality of the South Burlington school system. I suggest that the Subdivision Permit be strictly enforced, and that enlarging the development by seven additional lots be denied. Another criterion deals with waste disposal. If more people than were anticipated (in the four bedroom maximum per house) actually live in the houses that are built in Pinnacle at Spear, then the estimated 46,947 gallons per day of sanitary wastes will be exceeded. It is suggested that further study is necessary before approving additional lots. would also like to call your attention to the heavy traffic on Spear Street, which is far worse than it was in 1993 when the development was first discussed. Both the construction on Route 7 and the building in Shelburne, Charlotte, and towns south along Route 7, have contributed to a great deal of traffic along Spear Street, especially in the early morning and the late afternoon hours. I do not want to see Pinnacle at Spear become a shortcut between Spear Street and Dorset Street to avoid the traffic lights on Swift St. How do you plan to protect the young children who bicycle in the neighborhood, and who play in the area? We know that presently there is insufficient staff in the police department to enforce speeding laws in the town. Please consider these issues before you grant L&M partnership approval to add seven more lots to their development. Thank you. Very truly yours, y �- Barbara F. Rippa ),itv of South Burlin: to— ) 575 DORSET STREET SOUTH BURLINGTON, VERMONT C54C. Fax 558-4748 ANNER 058-?955 July 7, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Rd. So. Burlington, VT. 05403) RE: Add 7 Lots, Pinnacle at Spear Dear Mr. Llewellyn: Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, July 10, 1998. If you have any questions, please give me a call. Sincer l� Raymond J. Belair, Zoning and Planning Assistant RJB/mcp PLANNING COMMISSION 10 March 1998 page 4 Shelburne Rd. and Green Mountain Drive: Mr. Crow stepped down during this hearing due to a conflict of interest. Mr. Perry explained that the plan was recorded in June, 1973 with no signature. All lots have been sold and developed. The only change is that the Hort Farm Road has been added. The purpose of the hearing is to legitimize the original plan. No issues were raised. Mr. O'Rourke moved the Planning Commission approve the final plat application of Geraldine Poulin for the reapproval of an 18 lot subdivision plat approved on 1/23/73, Shelburne Road and Green Mountain Drive, as depicted on a plat entitled "National Life Insurance Co. Shelburne Road, South Burlington, Vermont," prepared by Webster -Martin, Inc, Dated June 12, 1973. This approval is to officially approve the plat recorded in map volume 105, page 21 of the South Burlington Land Records, subject to the followincr stipulations: i. The Chair or Clerk of the Planning Commission shall stamp and sign the plat recorded in map volume 105, page 21 of the South Burlington Land Records within 90 days or this approval is null and void. Prior to the Chair or Clerk of the Planning Commission stamping and signing the recorded plat,_a legal document shall be recorded which explains the Planning Commission's action regarding this approval. This legal document shall be approved by the City Attorney prior to recording. Mr. Teeson seconded. Motion passed unanimously. Mr. Crow rejoined the Commission. 6. Sketch plan application of John Larkin to amend a previously approved plan for a 73 lot planned residential development (Pinnacle at Spear). The amendment consists of adding 7 lots for a total of 80 lots, Spear Street: Mr. Llewellyn said the project came to the Commission 5 years ago and is now known as Pinnacle at Spear. When proposed, the density of the area was 1 unit/acre, and they got 73 units. With the new density, they are allowed 80 units, and the present plan is to add the 7 units. This will be accomplished by continuing the cul de sac. The plan would be contingent on a connection with the golf course where the easement exists. Mr. Weith confirmed that the Economou plan shows the connection. He said he understood that the Economou project would build the connection. Mr. Weith said the Commission would want assurance PLANNING COMMISSION 10 March 1998 page 5 that the roads will be built to the property lines. Mr. Llewellyn then addressed staff comments. He said there would be a minimum 100 ft. of frontage with lots at least 13,000 sq. ft. Additional sewage would be required. Additional traffic will be addressed. The landscape plan will be revised, and they will present a review plan for the whole piece. At one time, a 40 ft. easement was given on the Nowland property and the Economou property for a rec path. This particular path has been abandoned. The applicant met with the rec path people regarding an easement. The old one has now been replaced along the border with the Economou property. This easement is 20 ft. Mr. Weith asked about the approved rec path along the wetland. Mr. Bresee said the request is to eliminate that. The Rec Path feels the eastern border is better because it is higher and drier. Also, neighbors are already walking in that area and would like the rec path built there. Mr. Weith noted Mr. Larkin was getting credit against impact fees for part of the path to be built. That issue will have to be addressed. Mr. Burgess said he was opposed to extending the cul de sac except on a temporary basis. He wanted assurance that the other half of the road would be built. He noted there is no obligation for the Economou project to build their half. Mr Weith said he believed they intend to build it. Other members agreed with Mr. Burgess. Mr. Weith said the Commission could stipulate that the 7 homes not be built till the road is built. Mr. Burgess asked if the city could build the road. Mr. Weith said the city doesn't yet have legal documents. Members agreed with Mr. Weith that the homes not be built till the road is built. With regard to wetlands issues, Mr. Llewellyn said they believe they are out of the wetlands with a 50 ft. buffer. He also showed the Dorset View Protection line and said that most lots are in the non -buildable area, but that was set aside to protect the wetland which is smaller than at first believed. Lot 79 or 80 might be moved, however. No other issues were raised. 7. Site plan application of AT&T to construct a 7,000 sq. ft. warehouse (telecommunication switching facility) on a 1.7 acre parcel, 4 Green Tree Drive: CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant Lt M PArvr -jeas rl,p - SOhw7 LA2K:v CaeRrs�o YY1 r ! a i' 2 ) Name of Subdivision Uo w la"d- 1-wo Ac),& Sege", 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 S�n,.�uA a n. t 'f3 w�*1-� � fJ as o ci rav e ► (' V � wok.N '(3 �.F'k-o Ni s►. r cs d,e.� M �14 jai b .n 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: �a ca era LLL P 4-to rJ i c 4-o a A-d.- 7 C1A z i d-e .a 4- Gy( 'l o + S 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and cpntaining 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 a major subdivision. (Signature) applic nt or contact person Date P, LLEWELLYN INCORPORATED June 25, 1998 Mr. Ray Belair Assistant Planning and Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Nowland Two (Pinnacle @ Spear) Amendment to add seven lots Final Plat Application File: 97024 Dear Ray: We propose to add seven single family residential lots to the existing subdivision permitted as Nowland Two and more recently known as Pinnacle @ Spear. A sketch plan of this proposed plan has been seen by the Planning Commission. Although the original Nowland Two plans were prepared by me under FitzPatrick-Llewellyn, this modification is now by me as Llewellyn Incorporated. We mention this as it is necessary to reference FitzPatrick-Llewellyn drawings as well as Llewellyn Incorporated drawings in order to provide a complete picture of the work remaining and proposed. Wherever FitzPatrick- Llewellyn drawings are referenced, there are so without modification and are as they appear in the presently approved sets. Proposed work including site changes are by Llewellyn Incorporated. We have reviewed the submission criteria under Sections 203 and 204 of the South Burlington Subdivision Regulations. We believe we have complied with these requirements with a few exceptions, that we will bring to your attention. We do so in hopes that these issues can be resolved prior to or at a scheduled planning commission hearing. 4049 Williston Road • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 - e-mail: Ilewellinc@aol.com Engineering • Permitting • Consulting Services Mr. Ray Belair June 25, 1998 Page 2 The following information is not available at this time: 1. A complete revised survey of the subdivision by a licensed land surveyor. As this is an expensive item, we request that you allow us to submit this when the Planning Commission grants final approval. We understand this would be a condition of approval. 2. Vaughn C. Button, L.S. # 415 is our land surveyor and plat designer. 3. Legal documents, including descriptions of dedications, revised rights -of -way, deeds, covenants, etc., will be prepared and submitted by the Partnership's attorney. Again these documents are only necessary if these modifications are approved. We have enclosed a completed Final Plat application form and a check for $75. We understand we are scheduled for Tuesday, July 21, 1998. Please contact us after your review. Thank you for your assistance. Sincerely, LLEWELLYN INCORPORATED 4nice LaA. Llew n, P.E. cc: LLEWELLYN INCORPORATED / NOTES: 1. Own, ,)pplicont: Gerold Al/lot &John Larkin 1 P.O. Box 4193 JBurlington, Vermont 05402 Tel: 802-864- 7444 I ; 2. Project - The project described by this plan set is the construction of Vale Drive and the addition I of seven single family residential lots on the project I � approved as Nowland Two, July 1992, and now known as Pinnacle ® Spear, South Burlington. Approximate end of existing roadway construction, station 7+00 ��� }__________- _ This construction contract also includes the completion -P -E— fl ��. of Nowland Farm Road from Station 7+00 (approximately) DIVE--------------- to Station 21+20 (easterly property boundary). See I FitzPatrick-Llewellyn drawings 0-4351, 0-4352, D-4385 1 I Stabilized construction entrance i and 0-4388, attached. , see sheet 8 of 8 I H ; J. For construction purposes, this project includes the construction of Nowland Form Road, Vale Drive, utility I f systems, stormwafer retention pond and landscaping. 1 i I 4. Total parcel - 66.7 acres Location of Pinnacle Drive is approximate only. Additional proposed lots - 7 i See Attachment 2, Donald Hamlin record drawings, Total lots, this subdivision - 80 Ni t , dated December 1995. /F Underwood H 5. Topographic Survey. Topographic data was obtained I from plans prepared by FitzPatrick-Llewellyn Inc., July 1992, see plan set entitled "Nowland Two", last I ; revised on 1011193, project number 92045. Data NopTH I ; 5 st ------------------------ r----- - - - - -- ------_-I was digitized for this pion from that set. I - - - - - - -- I I- I See sheet 5 of 9 I 6. The contractor and engineer shall obtain as -built ties to underground structures, including pipes, and I ( ,j, \ ♦ �''�- sin I I provide ties to the owner, the engineer, and the City. sci 1 7. Proposed roadway right-of-woys are 80' for Nowland h Farm Road and 60' for Vale Drive. 4 _ I 8. Roadway profiles and utility details - see sheets 3 MIM n I through 9 and attached Fitzpatrick -Llewellyn drawings. For construction details of Nowland Farm Rood see FltzPotrick-Llewellyn Inc. drawings entitled "Nowland Two" I I 9. The Nowland Form Road extension and the 12" water MIo ; mo dated July 1992. Copies of these drawings are attached. line extension on Nowland Form Road ore shown on rj drawings prepared by FitzPatrick-Llewellyn Inc., July 199Z see plan set entitled "Nowland Two", last revised I z I nn inlvloi, T-i"nl o",I-V ands Ph..l..�^ - r Lt�tNU I I I these drawings are attached to this plan set. I 10. Utilities - Roadway - 1752 feet - I Delineated edge of wetlands. See FitzPatrick-Uewellyn Inc. 8" Sanitary sewer - 1954 feet yl i _ EMM . / y - � _ _ _ _ _ _ _ - - plan set entitled "Nowland Two" dated July 1992.8" Ductile iron u TeN eA$M a ❑ al _ I - -385- - i _ _ - / -' / _ - - _ - - - I I 12" HOPE Storm sewemain3961 feet feet _ 15" HOPE Storm sewer - 1050 feet ST— _ - __`___ _ _slaw SEWER TRENCH DRAM TD .38Z18" HOPE Storm sewer - 1018 feet 24" HOPE Storm sewer - 715 feet cArt VALVE I q0- rMENroRANr9r-__- 56r /F71�s_____\ _�- -__ \\\ yIo 11. See General Specifications sheet 5 of 9. _ _`.�\ 71 v1'l 59 -T - _L�� \ hl� 12. Utility systems (sanitary, water and storm) serving REDUCER �_ I _ j92 1 f - - _ 1 ` \ I ` Z m lots 52-80, originate in the existing phase of Nowlond WATER SERNCE I L _ _ _ _ _ _ _ _ - _ _� \ 60 r \ I ��� „ _ Two. As such, the proposed elevations shall not be WATER 11NE--P'"_. —rW— I I _ i t T i / _ 161 _ \ F r \ � }' ___ �_` ���_ adjusted without written authorization of the developer, SEWER MANNdE o""" oS4M' 39 ; ! '_ / ` 62� ��_ I engineer or owner. SEWER SEANCE ' I ` _ I �' � � _A' - -- —rs— I ; T' r _ 1 /` / 63� `\`\ \y _ I 13. Leave excess fll on lots. uvc - 1 I / 0,* "cMW SXrPENE _ _ 01. 7 fi _ 75 I -- - --� \ A RECEIVED YLTFvxE — SF— I '-,_ .� _ 78 77 NA19YF DAY eflN I /)�\ _ \ / LY1N10Ut----t1ll— v I \\�-----'391_ \ /) �� O� 73/ iJ9l\I srorETEW 37 I \ ; , , Lot /'s tyDical _ 2 JUN 2 --T _._---r - �_ 1 60' Easement TREES �• O I \ ` % )� J� _ _ _ - _ _ _ l I N/F Farrell 1998 �\ I \ \ . _ - --- TREEte[ ryI �� l \ `� \ S•s sheet 3 0} 9----_____________�- --- _ - I _�v—_ ------ ` —___—� 1 e\ _r.--- Common land 70� CONCRETE s10EWALx _ .I .. _ L 1 j. \ \ ` i I _ ' _ -' - �� .� -. - - i \ \ >;3� _ ` �•_ 1 CMS __- I \\ -3e9 -sir �- - -� \ ---- _ _ -- - �V -_ \\ ,-/ _____- _ _-_--- t ' __,a9 �_3 'a� -_ City of So. Burlington LFAYn AMFArZ I i I // \ \\ �\ I // / " �' ---- -� � _ B" _ PAVED SURFAa [� ' I .• / - - - > _ _ _ i I _Common EASEMENT -•-•-'----- Approximate station 21+20 1 i 1 �\ \ / - c- = __ - �1 _ /- - --_-_- "' DP 1 I / �— _��'` - _ _\ _ _ t5 .ram. _ \ _ �4poiJ08'1C'�l PROPERTY UNE I _ - - '�'� -_�N06'24'S7"E_ 1 cacNxATED PaNr • _ - 1566.11' 375.72' z I Mcw RIM SET C __ _ N/F Isham I OR To BE SET 20' Recreation eosement� _ 60' Utilities easement (for Economou Farina, Inc.) _ See I Graphic Scale Erov PIPE Faro • N/F Economou Farms, Inc. _ Connect to Economou Farms e 4 or Y I anPST[R � _ -100 0 100 200 300 400 WETLANOs rtNa LINE x x �B� O,Nw S. PINNACLE ® SPEAR ALL SnMeaL5 Do NOT APPEAR ON DWS PLAN Ai SOUTH 13URLINGTON VER1.10N OVERALL SITE PLAN LL E W E L L Y N PROJECT. 97024 BATE: JUNE 7998 INCORPORATED 04GNNEERING" PERAWrnNG• CONSIRRNG SERVICES SOUTH em GTBN T $02-55e-2100 VERMONT 05A03 F 802-655-2882 BRAWN Br: SAR DRAWING: 0067-D SHEET: 1 a 9 IME USER SHALL L'OIInRM DINS OaPY OdITARJS NNE Uh37 RENSNW/S NO. I REVISIONS 10,411, NO1ES• 1. Owner of Record John P. Larkin h Gerald C. Mlot and Applicant: c/o Larkin Realty 410 Shelburne Rood South Burlington, VT 05403 2. This sketch plan Is based on the previously approved plans for the development "Plnnacle at Spear" previously known as "Nowlond Two". This project, consisting of adding lots 74-80 requires the extension of Vole Drive. 3. The portion of this sketch plan, depicting Nowland Two, Lots 1-73. was obtained from the plan entitled "Nowland Two — Vlnclnity Plan", drawing 0-4381, sheet 2 of 27. last revised 1015193, by FltzPatrlck— Llewellyn Incorporated. 4. The portion of this sketch plan, depicting Economou Farms, units 1-38, was obtained from a plan entitled "Economou Farms Golf Course" sheet C2-9, dated February 1997, by CIA Engineers Associates. 5. This drawing Is not for construction. 6. Zoning District: Southeast quadrant. ' v / v 1k C/ , R</UC Nil -N i� i GRAPMC SC" 200 0 100 200 400 800 (IN FEET) 1 Inch - 200 ft. N/F £CONO,MOU FARMS INC PLAN SCALE: 1" = 200' N1JRTH MAGNETIC I N/F FARRELL I 1 I 1 i E I V E D JUN 2 6 1998 City of So. Burlington LLEWELLYN INCORPORATED July 15, 1998 Mr. Ray Belair Assistant Planning and Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Pinnacle @ Spear (Howland II) File: 97024 Dear Ray: We are proposing to amend the Nowland II (Pinnacle @ Spear) permits to provide an additional seven (7) single family residential lots by extending Vale Drive. The plan has been presented to the Planning Commission and a Final Plat hearing is scheduled for July 21, 1998. To accommodate the proposed seven houses we request an additional wastewater allocation of : 7 homes @ 4 bedrooms/home x 150 gpd/bedroom = 4,200 gpd Infiltration 300 gpd/inch -mile x 570' for an 8-inch pipe = 259 gpd 20 % Reduction for connection to a municipal system = 840 gpd Allocation Requested 3,619 gpd Thank you for your assistance. Sincerely, LLEWELLYN INCORPORATED Lance A. Llewe yn, P.E. cc: John Larkin 4049 Williston Road • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com Engineering • Permitting 9 Consulting Services Memorandum - Planning March 10, 1998 agenda items March 6, 1998 Page 4 Proposed Mary Street Extension: Enclosed is a letter from the City Attorney regarding the placement of a transformer in the proposed Mary Street Extension r.o.w. Basically, the City has three (3) options: 1) approve the plan as proposed which would require the City to pay the cost of relocating the transformer when the r.o.w. is obtained and the road constructed, 2) deny the application which would start the time clock for condemning the land for the road. The applicant would be responsible for removing the transformer. The cost of condemning the land may or may not exceed the cost of moving the transformer. 3) Approve the application with a condition that the applicant pay the cost of moving the transformer if and when the road is constructed. If the applicant appeals this condition, the City may or may not win the appeal. If the Commission decides to go with option #2, I suggest you hold off on a decision in order to give staff time to find out if the Council is willing to pursue condemnation. Staff is hoping to meet with the applicant and City Manager prior to Tuesday's meeting to see if we can come up with a joint solution to recommend to the Commission. I will update the Commission at Tuesday's meeting. Coverage: CD 1 District: Building coverage is 48.7% (maximum allowed is 90%). Overall coverage is 83.0% (maximum allowed is 90%). Landscaping_ The landscaped area along the westerly side of building "B" has been eliminated and replaced with sidewalk. The amount of landscaping installed was reduced from the last approved plan by $3851. The entire redevelopment of this property has a minimum landscaping requirement of $38,980. The approved landscaping had a value of $45,435. The reduction in landscaping by $3851 still provides more than required. Other: The site plan should be revised to depict "as -built" conditions for the area in the vicinity of the new transformer. 6) JOHN LARKIN - ADD 7 LOTS - SKETCH PLAN This project consists of amending a plan previously approved on 8/10/93 (minutes enclosed) for a 73 lot planned residential development. The amendment consists of adding seven (7) lots for a total of 80 lots. M Memorandum - Planning March 10, 1998 agenda items March 6, 1998 Page 5 This property known as "Pinnacle at Spear" is located on the easterly side of Spear Street. It is bounded on the west by Spear Street and several single family residences, on the north and south by undeveloped property, and on the east by a residential portion of the golf course. Access: Access to the additional seven (7) lots would be via an approved 1,100 foot long cul-de-sac street known as Vale Drive. This cul-de-sac street would be extended an additional 700 feet. The maximum length allowed under Section 401.1(g) of the subdivision regulations is 850 feet. The Planning Commission as part of the 8/10/93 approval granted a waiver for the additional length. This request would lengthen the cul-de-sac street to 1800 feet. This street would now serve 29 lots. This cul-de-sac street would no longer be a cul-de-sac street when the adjacent residential development on the golf course is constructed. The reserved r.o.w. for future street extension to the north would remain. The applicant should be responsible for building the portion of the connector road that lies on his property. The golf course developer will be responsible for building the portion of the road that lies on his land. Similarly, the applicant should be required to construct Nowland Farm Drive to his easternmost property line since this will eventually be connected to a part of the golf course development. Density: The maximum density allowed under Section 26.152(b) of the zoning regulations is 80 units (66.7 acres x 1.2 units/acre = 80 units) and 80 units are proposed. Lot size/frontage: The minimum lot size requirement is 12,000 square feet. The size of each of the proposed lots has not been provided This information must be provided with the revised final plat. The minimum frontage requirement is 80 feet. The frontages of the proposed lots have not been provided. This information must be provided with the revised final plat. Sewer: The additional sewer allocation request should be provided with the revised final plat submittal. Impact fees: The applicant should be aware that these additional lots will be subject to school, recreation and road impact fees. Traffic: The traffic impact analysis should be updated to include these additional lots. 5 Memorandum - Planning March 10, 1998 agenda items March 6, 1998 Page 6 Landscaping: The revised final plat should include a revised landscaping plan for the entire development. Recreation Path: Condition #21of the 8/10/93 approval required that the recreation path between Vale Drive and Pinnacle Drive be constructed when either of these streets was constructed. This recreation path has not been constructed as required. Non buildable area: The plan does not show the limits of the developable and restricted areas on this property as shown on the SEQ zoning map. This information was requested but not submitted. This information is necessary to determine what lots if any are located in a restricted area. Wetlands: The plan should show all the wetlands and the associated C.O. District buffer. This information was requested but not submitted. View protection zone: The plan should show the boundaries of the Dorset Park Scenic View Protection Overlay District. This information was requested but not submitted. The final plat submittal should include an updated matrix to include the new lots which indicates the height limit on each lot. This revised document should be recorded in the land records. 7) AT & T - WAREHOUSE - SITE PLAN This project consists of constructing a 7000 square foot warehouse (telecommunication switching facility) on a 1.7 acres parcel. This property located at 4 Green Tree Drive lies within the IC District. It is bounded on the north, south and east by industrial/commercial buildings, and on the west by Green Tree Drive. Access/circulation: Access is proposed to be via two (2) curb cuts on Green Tree Drive. The southerly curb cut is 26.7 feet and will be for ingress only. The north curb cut is 21.5 feet will be for egress only. Circulation on the site is adequate. 2 MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: July 21, 1998 agenda items Date: July 2, 1998 1) William Wessel Dated 6/16/98 250 Van Sicklen Road Two (2) hydrants should be added as sketched on sheet C-2 and the 2" water line should be changed to an 8" line to serve the hydrants. 2) Bret Kernoff 1203 Williston Road Sprinkler and fire alarms are mandatory 3) Twin Oaks Tennis & Fitness Center 95 Kennedy Drive Acceptable 4) Homestead Design Golf Course Road Acceptable 5) L&M Partnership Pinnacle at Spear Acceptable (Memfire.mcp.wp) Dated 6/26/98 Dated 6/22/98 Dated 6/29/98 Dated 6/26/98 No Text 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, July 21, 1998 at 7:30 P.M.. To consider the following: 1) Preliminary plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road. 2) Final plat application of L&M Partnership to amend a previously approved plan for a 73 lot planned residential development, Spear Street (Pinnacle @Spear). The amendment consists of adding seven (7) lots for a total of 80 lots, Spear Street. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission July 4, 1998 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 March 6, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Add 7 Lots, Pinnacle at Spear Dear Mr. Llewellyn: 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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, March 10, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. inc rely, J e Weith, ity Planner JW/mcp Encls City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 9, 1998 Paul G. Mayer, CPA 41 Pinnacle Drive South Burlington, Vermont 95493 Dear Mr. Mayer: ZONING ADMINISTRATOR 658-7958 `t�� 1t,4arjA eL%-j-- 3s e)„e+aLle Or- ®, 19%irl. , VT As you requested, I have enclosed a list of Planning Commission members along with their addresses and telephone numbers. You also asked for the name of the environmental engineer that delineated the wetland. The wetland expert was hired by the applicant. I searched the file and could not find the name of the wetland expert the applicant used. This information should be available at the District Environmental Commission at 879-6563. 3r cereiy, Jo Weith, CiN Planner JW/mcp 1 Encl �jw, �AAe-- �zI0A. I CARL H. LISMAN ALLEN D. WEBSTER, CPA MARY G. KIRKPATRICK E. WILLIAM LECKERLING DOUGLAS K. RILEY MARK D. OETTINGER RICHARD W. KOZLOWSKI JUDITH L. DILLON CHRISTINA A. JENSEN Mr. Richard Ward Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Dick: LISMAN & LISMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VERMONT 05402 Telephone 802-864-5756 Telecopier 802-864-3629 May 27, 1998 Larkin Milot/Nowland Il I am enclosing property transfer returns V Carl H. Lisman CHL/ddp Enclosures 20014\010 OFFICES IN FINANCIAL PLAZA AT 84 PINE STREET BURLINGTON, VERMONT LOUIS LISMAN BERNARD LISMAN COUNSEL and Nowland Road. E-Mail Address: clisman@lisman. corn k STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE` ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE (*ALSO ADMITTED IN N.Y_) (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 E-MAIL(FIRM2555@AOL.COM) May 27, 1998 HAND DELIVERED Ray Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Nowland II - South Burlington Dear Ray: OFCOUNSEL ARTHUR W. CERNOSIA Enclosed please find an Irrevocable Offer of Dedication, Exhibit A, Warranty Deeds, and Vermont Property Transfer Tax Returns for the remaining roads in the Nowland II/Pinnacle at Spear development. Please note that the Offer of Dedication and the Tax Returns need to be signed by a duly authorized agent of the City of South Burlington. Please do not hesitate to call if you have any questions. Sincerely I Timothy M. Eustace THE/maf Enclosures cc: Carl Lisman, Esq. (w/out Enclosures) Son3657.cor drK-UO-= "IUN .D•.io ad., JOY :J p- .�ivnra 0'1 L 81 �. Z ? aABBA YTY DEED c " 4L MEN 13Y THESE PRESENTS. �% c?' ? ? ' � ` = � � C r '� - � �'•' q&t CTE -41-D C_ MJLOT and JOHN p. PARTNERSHIP, a Vermont general 1-ARKIN, doing business as 1.ARKIN MILOT County of Chittenden and State of Vemiro�nt t� "Grantor having a place of busmGss Burlington in [he in consideration of TFN AND MORE DOLLARS paid to the Grantor's full satisfaction by CITY OF SOUTH BU'RLINGTON. a Vermont municipality having a plxx of business in South Burlington in the C:oumty of Chittenden and State of Vermont (together, if more thall one, the "Grantee"), by Ulese 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 grate of Vermotrt, dcscribai as follows, viz: Being a portion only of the lards and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July S. 1990, frnm Rheal C. Gagnon and Helen N. Gagnon• recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milut and John P Larkin pursuant to a warranty dmd, dated March 17, 1992, from Marie Underwood, recorded in VOlurne 322, Page 188 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, construction, operation, repair, maintenance and replacernernc of underground utilities, hichtding stortn server, sanitary sewer, electric:, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as '20, Utility Eaxmem" and shown on a plan, being sheets 1 and 2 of 2, entitled NowLmdTwo South Burlington Vermont Plat of Subdivision of Lanais of Gerald C. Milut et al. dated July 1992, prepared by Firzpatricy-Llewellyn Incorporated, recorded in Map Volume Z86, Pages 111 and 112 of the Land Records of the City of South 13ttrigto inn, together with the right to enter on the lands of the Grantor, its successors and assigns, for such purposes, provided that such entry shall be reasonably necessary to the purposes hereof and that any sch prr mists shall be restored by the Gmm&e, its successors and assignns, to its condition prior to entry at no cost to the Grantor or its successors or assigns_ As depicted on the plan, the casement is located in the common boundary Iots 46 and 47. 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 IIOLD 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 fonaver; And the Grantor, for itself and its successors and assigns, does covenam with the Grantee, and the heirs. su ccessors and assigns of the Grantee, that until the ensealing of these presents it is the sole owner of the prrmfses, and has good right and title to convey the same in maser aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DF.P1 N0 the same against all lawful claims whatever, except as aforesaid. HNK-Ub-yJb MUM i b: Jb L i s ma n S L i s ma n -HA AU. It1c-304-.ibCy r. uu/ 1 S 1 �VHERROF, the Grantor has caused this deed to be executrd as of the l Sth da o r, 1 i1V P OF. ;' 1 tIfiLNFdt$HIp BYIs � Ls BY rtner tmd Daly Autbonzed STATE OF VERMONT CHTTTEN N COUNTY, SS. At this � day of April, 1"8, d C. Milot, general partner and duly authorized agent of Laridn Milot Partnership, , and be acknowledged this insttument, by him sealed and subscribed, to be deed and the free act and deed of Larkin Milot PararrsbiP- Before me Notary Public STATE OF VERMONT CHrrTENREN COUNTY, ss. At this Yoh day of April, S, John P- Larkin, general part= and duly authorized agent of Larkin Milot Partnership peared, and he acknowledged this -ttu-cnt, by him sealed and subscribed, to att deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public Prepared by Lisman & Lisum, P.O. Box 728, Burlington, VT 054N (&)2)864-5756 07V L410taugwndr..wt PARTIAL DISCHARGE K1�l W`'ALi MEN BY THESE PRESENTS: That Rheal C. Gagnon and Helen N. Gagnon, of South Burlington, Vermont, in consideration of TEN AND MORE DOLLARS ($10.00) and other valuable consideration, paid to their satisfaction by Larkin Milot Partnership, do hereby discharge from mortgages given by Gerald C. Milot and John P. Larkin, dated July 8, 1990 and March 20, 1992, and recorded in Volume 296, Page 371, and Volume 322, Page 190, respectively, of the Land Records of the City of South Burlington, the lands and premises in the City of South Burlington, County of Chittenden and State of Vermont described on Schedule A attached hereto. hi . a LiJc.tua .. is iiitei.'..:GU tv ie, lt;as;.; and ul>c'ilarge ONLY that parcel of Land and interests described herein and no other land and interests whatsoever, the mortgages on the rest of the lands and premises described In said mortgage deeds now held by Rheai C. Gagnon and Helen N. Gagnon to be and remain in full force and effect. IN WITNESS WHEREOF, Rheal C. Gagnon and Helen N. Gagnon have caused this Partial Discharge to be executed this .32 day of November, 1996. IN PRESENCE OF: ex� Rheal C. . Gagnon rI efen N. Gagnon STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County and State on this YJ day of November. 1996. personally appeared Rheal C. Gagnon and Helen N. Gagnon, and they acknowledged this instrument, by them signed and seated to be Their free act and deed. Before me otary Public Schedule A 1) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of an underground sanitary sewer, with piping and appurtenances, in the location depicted as "20' Utility Easement" as shown on a plan, being Sheet 1 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 365, page 120 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the servient 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. Being a portion of the land and premises conveyed to John E. Hausner and Bonnie L. Hausner pursuant to a warranty deed, dated September 8, 1986, from Spear Street housing partnership, recorded in Volume 218, Page 40 of the Land Records of the City of South Burlington. 2) Being a portion only of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 322, Page 188 of the Land Records of the City of South turlington, and more particularly described as follows: (a) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20'Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located in the common boundary of lots 41 and 42 and then proceeds easterly through common land "B" and further proceeds in the common boundary of lots 57 and 58. (b) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20' Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, for such purposes, provided that such enu-y 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located in the southerly portion of lot 52. (c) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20'Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located in the common boundary of lots 46 and 47. (d) Being a roadway identified as Vale Drive, from its intersection with the roadway identified as Deerfield Drive (now known as Nowland Farm Drive) to and including the cul-de-sac at its northern terminus, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington. (e) Being a roadway identified as Nowland Drive, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington; (f) Being a roadway identified as Pinnacle Drive, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington-, The roadway so shown as Nowland Drive and the roadway so shown as Pinnacle Drive are now both known as Pinnacle Drive. (g) Being the depicted extension of Vale Drive northerly of the cul-de-sac, and the roadways intersecting therewith, including the roadway extending northerly from Deerfield Drive identified as "To Be Dedicated to the City of South Burlington (for Future Use)", all as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington. (h) Being an easement and right-of-way across a strip of land twenty feet (20') in width to be dedicated to use as a recreational and bicycle pathway as depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot. et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the City of South Burlington Land Records, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As 4 depicted on the plan, the strip of land extends over portions of Common Land Area B between the northerly sideline of Deerfield Drive (now known and referred to as Nowland Farm Road) and the northerly boundary of Common Land Area B. 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. SON 1 O LREA 5 u� Lib 4m�13 PARTIAL DISCHARGE KNOW ALL MEN BY THESE PRESENTS: That Gerald C. Milot and Marsha W. Milot, of Hillsboro Beach, Florida, in consideration of TEN AND MORE DOLLARS ($10.00) and other valuable consideration, paid to their satisfaction by Larkin Milot Partnership, do hereby discharge from a mortgage given by Gerald C. Milot and John P. Larkin, dated July 23, 1993, and recorded in Volume 348, Page 191, of the Land Records of the City of South Burlington, the lands and premises in the City of South Burlington, County of Chittenden and State of Vermont described on Schedule A attached hereto. This Partial Discharge is intended to release and discharge ONLY that parcel of land and interests described herein and no other land and interests whatsoever, the mortgage on the rest of the lands and premises described in said mortgage deed now held by Gerald C. Milot and Marsha W. Milot to be and remain in full force and effect. IN WITNESS WHEREOF, Gerald C. Milot and Marsha W. Milot have caused this Partial Discharg'o b executed this day of November, 1995. IN P F: Gerald C. Milot M s a W. Milot STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington in said County and State on this appeared Gerald C. Milot and Marsha W. Milot, and tju signed and sealed to be their free act and deed. r Before me 20014\010\1ega1\milpart.ddp of November, 1995, personally 1fdged this instrument, by them otary Public 1 ) P Schedule A (COD, [ly Being a portion only of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 322, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: (a) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20' Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located in the common boundary of lots 41 and 42 and then proceeds easterly through common land "B" and further proceeds in the common boundary of lots 57 and 58. (b) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20' Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located in the southerly portion of lot 52. (c) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20' Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located in the common boundary of lots 46 and 47. (d) Being an easement, 20 feet in width, for passive pedestrian and bicycle use, but not motorized vehicles, identified as "Proposed 20' Pedestrian Easement" on a plan, being sheet 1 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 111 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. (e) Being roadway identified as Vale Drive, from its intersection with the roadway identified Deerfield Drive (now known as Nowland Farm Drive) to and including the cul- de-sac at its northern terminus, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington. (0 Being roadway identified as Nowland Drive, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington; (g) Being roadway identified as Pinnacle Drive, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington; The roadway so shown as Nowland Drive and the roadway so shown as Pinnacle Drive are now both known as Pinnacle Drive. (h) Being the depicted extension of Vale Drive northerly of the cul-de-sac, and the roadways intersecting therewith, including the roadway extending northerly from Deerfield Drive identified as "To Be Dedicated to the City of South Burlington (for Future Use)", all as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington. 03\20014\010\lepP3cheda. ddp PARTIAL DISCHARGE Ala -'KNOW ALL MEN BY THESE PRESENTS: That VERMONT NATIONAL BANK, successor by merger to FEDERAL BANK, FSB, a federal savings and loan association, having a place of business in Williston, Vermont, in consideration of TEN AND MORE DOLLARS ($10.00) and other valuable consideration, paid to its satisfaction by Larkin Milot Partnership, do hereby discharge from (a) a mortgage given by Gerald C. Milot and John P. Larkin, dated February 3, 1995 and recorded in Volume 373, Page 238 of the Land Records of the City of South Burlington, and (b) collateral assignment, dated February 3, 1995, given by Larkin Milot Partnership to Vermont Federal Bank, FSB, recorded in Volume 373, Page 243 of the Land Records of the City of South Burlington, the lands and premises in the City of South Burlington, County of Chittenden and State of Vermont described on Schedule A attached hereto. This Partial Discharge is intended to release and discharge ONLY that parcel of land and interests described herein and no other land and interests whatsoever, the mortgage and assignment on the rest of the lands and premises described in said mortgage deed and assignment now held by Vermont National Bank to be and remain in full force and effect. IN WITNEHEREOF, Vermont National Bank has caused this Partial Discharge to be executed this ?7 ay of April, 1998. IN P SEN E OF: BY STATE OF VERMONT CHITTENDEN COUNTY, SS. At Williston in said County and State on this Aay of April, 1998, personally appeared and he/she acknowledged this instrument, by him/her signed and sealed to be his/h r free act and deed and the free act and deed of Vermont National Bank. Before me Notary Public 20014\010\ I ega I\vnb part. c h l Schedule A 1) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of an underground sanitary sewer, with piping and appurtenances, in the location depicted as "20' Utility Easement" as shown on a plan, being Sheet 1 of 2, entitled Nowland Two South Burlington Vermont Sanitary Sewer Extension dated April 1995, revised 6113195, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in map Volume 365, page 120 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the servient 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. Being a portion of the land and premises conveyed to John E. Hausner and Bonnie L. Hausner pursuant to a warranty deed, dated September 8, 1986, from Spear Street housing partnership, recorded in Volume 218, Page 40 of the Land Records of the City of South Burlington. 2) Being a portion only of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992-, from Marie Underwood, recorded in Volume 312 Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: (a) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20'Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located in the common boundary of lots 41 and 42 and then proceeds easterly through common land "B" and further proceeds in the common boundary of lots 57 and 58. (b) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20' Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located in the southerly portion of lot 52. (c) Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20'Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled 2 Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands. of the Grantor, its successors and assigns, 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 assi`:.s, to its condition prior to entry at no cost to the Grantor or its successors or assigns. As depicted on the plan, the easement is located in the common boundary of lots 46 and 47. (d) Being a roadway identified as Vale Drive, from its intersection with the roadway identified as Deerfield Drive (now known as Nowland Farm Drive) to and including the cul-de-sac at its northern terminus, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington. (e) Being a roadway identified as Nowland Drive, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington; 3 (f) Being a roadway identified as Pinnacle Drive, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington-, The roadway so shown as Nowland Drive and the roadway so shown as Pinnacle Drive are now both known as Pinnacle Drive. (g) Being the depicted extension of Vale Drive northerly of the cul-de-sac, and the roadways intersecting therewith, including the roadway extending northerly from llaPrfir-lei Trig,- identified as "To Be Dedicated to the City of South Burlington (for Future Use)", all as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages I I I and 112 of the Land Records of the City of South Burlington. (h) Being an easement and right-of-way across a strip of land twenty feet (20') in width to be dedicated to use as a recreational and bicycle pathway as depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Paves 111 and 112 of the City of South Burlington Land Records, together with the right to enter on the lands of the Grantor, its successors and 4 assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the strip of land extends over portions of Common Land Area B between the northerly sideline of Deerfield Drive (now known and referred to as Nowland Farm Road) and the northerly boundary of Common Land Area B. 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. SONIOIYLEA 5 CITY C*.EIiK':; R 'VedA4tA 4J3 .. ," WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: ";.:.,•.;1. , A<<c.6t: 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 conveyed to John E. Hausner and Bonnie L. Hausner pursuant to a warranty deed, dated 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, construction, 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 1 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 365, Page 120 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the servient 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 aforementioned instruments, the records thereof and the references therein in further aid of this description. This warranty deed is intended to supplement and correct a warranty deed, dated June 9, 1995, from the Grantor to the Grantee, recorded in Volume 381, Page 460 of the Land Records of the City of South Burlington. 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 »resents 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 EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. The Merchants Bank joins in the execution of this instrument solely to release 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 with respect to the easement described in this deed. IN WITNESS of "r 1 S' IN PRESENCE OR- 11 , the Grantor has caused this deed to be executed this --J- day V" V '--� (/ c VIAI LS hn E. usner Bonnie L. Hausner STATE OF VERMONT , CHITTENDEN COUNTY, SS. At-' L"le' `' ''`I this day of&1099�5; John E. Hausner 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— NotaryPublic IN WITNESS WHEREOF, the undersigned has caused this deed to be executed this day of ( IN P � mb S c T RCHANTS BAN BY - LS D y"Authorized I&gent STATE OF VERMONT CHITTENDEN COUNTY, SS. A6o this day of �b (,t/A,, irn, S. (3r.s'7.�.�,� , duly authorized agent of THE MERCHANTS BANK 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_.- Nota Public Prepared by Lisman & Lisman, P.O. Box 728, Burlington, VT 05402 (802) 864-5756 08\20014\010*p1\offeewer.ch1 cl "d L o 't�EVOCABL.E OFFER OF DEDICATION AGREEMENT made this 2nd day of April, 1996, between John E. Hausner and Bonnie L. Hausner, husband and wife (together, the "Owner") and the City of South Burlington (the City ). RECITALS 1. In connection with the approval by the City of the residential development to be known as the Pinnacle at Spear, the City has requested easements for utilities, as shown and depicted on a plan 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 365, Page 120 of the Land Records of the City of South Burlington (the "Plan"). 2. The Owner is willing to convey ownership of such easement. 3. The easement is to be dedicated to the City free and clear of all encumbrances. 4. The Owner has delivered a warranty deed to the City for the easement. AGREEMENT NOW, THEREFORE, in consideration of the sum of One Dollar in lawful money paid by the City to the Owner and other good and valuable consideration, it is covenanted and agreed as follows: 5. The Owner herewith delivers to the City a warranty deed for the easement as described in 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 of the City. 6. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the City at any time. 7. This irrevocable offer of dedication shall run with the land and shall be binding upon all assignees, grantees, successors and/or heirs of the Owner. Bonnie L. Hausner CITY OF SOUTH BURLINGTON BY Duly Authorizeld Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. 0 At So. in said County and State on this p2 day of , personally appeared John E. Hausner and Bonnie L. Hausner, and they acknowledged this instrument by them signed and sealed to be their free act and deed. Before me QjA Notary Public o�' STATE OF VERMONT COUNTY OF CHITTENDEN, SS. e At a. OQ in said County and State on this /.�5 day of- 995 personally appeared ,5-duly authorized agent of the City of South Burlington, and he acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of the City of South Burlington. 04\20014w104eganotrsewer.cw Exhibit A to Irrevocable Offer of Dedication, Dated April 2, 1996 from John E. Hausner and Bonnie L. Hausner to City of South Burling Being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of an underground sanitary sewer, with piping and appurtenances, in the location depicted as "20' Utility Easement" and is shown on a plan, being Sheet 1 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 365, Page 120 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the servient 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. Being a portion of the land and premises conveyed to John E. Hausner and Bonnie L. Hausner pursuant to a warranty deed, dated September 8, 1986, from Spear Street Housing Partnership, recorded in Volume 218, Page 40 of the Land Records of the City of South Burlington. r, R UU oo :1UH :J isnan a L:sman rnn AU OUL OU4 JOCC J 1r. Uel to IBl�f R�VQCA$LE OFFET2 nF nEDICATIO^�� AGREEMENT made as of 15th day of November, 1995, between &ie ld C. M"dot and John P. Larkin, doing business as Larkin Milot Partnership, a Vermont general partnership (the "Owner") and the City of South Burlington (thc "City"). RECITALS 1. In connection with the approval by the City Of the residential development to be known as the Pinnacle at Spear, the City has requested easements for utilities and for a recreation path, as each is shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, ct. al. dated July 1992, prepared by FiLgmtrick-Llewellyn Incorporated, recorded in Map Volume 2S6, Pages 111 and It 2 of the Land Records of the City of South Burlington (the "Plan"). 2. The Owner is willing to convey ownership of such casements for utilities and rm-mation path. 3. The easements are to be dedicated to the City free and clear of all encumbrances. 4. The Owner has delivered warranty deeds to the City for the utility easements and an easement deed for the r=eation path. AGREEMENT NOW, THEREFORE, in consideration of the sum of One Dollar in lawful money paid by the City to the Owner and other good and valuable consideration, it is covenanted and agreed as follows: 5. The Owner herewith delivers to the City warranty deeds for each of the utility easements and a recreation path easement deed for the recreation path, described as follows, 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 of the City - Being a portion only of the Imrds and premises conveyed to Gerald C. Miior and John P. La7 tdh pursuant to a warranty deed dated July 8, 1990, from Rheal C Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a HYK—Ut—yb nUN : b ; JU L i s wa n & L s ma o "HX NU. U3/ 1 b i portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 7992, from Marie Underwood, recorded in Volume 322, Page 188 of the Land Records of the Ozy of South Burlingtont, and more particularly described as follows (a) being an easement, 20 feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines. piping and appurtenances, in the locutions depicted as "20' Utility Easement" and shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands Of Gerald C. Milot, et al. dated July 1992, prepared by I`it7 a nck-Llewellyn 11wurporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, for such purposes, protizded 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 Grantor or its successors or assigns, As depicted on the plan, the easement is located in the common boundary of Lots 41 and 42 and then proceeds easterly through common land "B " and further proceeds in the common boundary of Lots 57 and 58. (b) being an easement, 20 feet in width, for the installation, construction, operation., repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, television lines, piping and appurtenances, in the locations depicted as "20' Utility Easement" and shown on a plan, being sheets I and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Landc Of Gerald C_ Milot et_ al. dated July 1992, prepared by Flzpatnck-Llewehl n Incorporated, recorded in Map Volume 286, Pages III and 112 the Land Records of the City of South Burlington, 2 hrtt uo jo +iun io ,3o -isnan Y LiSlal -MA NU. nUC-6b4-30.�1,A e. Ul/!3 together with the right to enter on the lands of the Grantor, its successors and assigns, for such purposes, provided that such entry shall be reaasonably necessary to the purposes hereof and that arty such premises shall be restored by the Grantee, irs successors and assigns, to its condition prior to entry at no cost to the Grantor or its successors or assigtu; As depicted on the plan, the easement is located in the southerly portion of Lot 52. (c) being an easement, 2U feet in width, for the installation, construction, operation, repair, maintenance and replacement of underground utilities, including storm sewer, sanitary sewer, electric, wafer, natural gas, telephone, television lines, piping and appunenances, in the locations depicted as "20' Utility Easement " and Shown on a plan, being sheets 1 and 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands Of Gerald C. Milot et al. dated July 1992, prepared by Fa4gatrick-L-ouellj n Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns; As depicted on the plan, the easement is located in the common boundary of Lotr 46 and 47. (d) being an easement, 20 feet in m&h, for passive pedestrian and bicycle use, but not motorized vehicles, identifled as "Proposed 20' Pedestrian Easement" on a plan, being sheet 1 of 2, entitled Nowktnd Two South Burlington Vermont Plus of Subdivision of Lands Of Gerald C. Milot et. al. dated July 1992, prepared by FiZpatrick-Dewellyn Incorporated, recorded in Map Volume 286, Page III of the Land Records of the City of South Burlington, 3 Ht'K-Ub-yb nUN b - i s ea n & L i saa n ^ HX :NU. dU�-6b4-Jb�y N, U2/ 13 together with the right to enter on the lands of the Grantor, its successors and assigns, for such purposes, provided that such entry shall be Peasonabiy 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 Grantor or its successory or assigns. 6. The ()caner agrees that said formal offer of dedication is irrevocable and can be accepted by the City at any time. 7. This irrevocable offer of dedication shall run with the land and shall be binding upon all assigns , successors and/or beirs of the Owner. WIT LARKIN MILOT PARTNER.SHTp BYT ; Gerald C. Milot, General Partner and Duty Authorized �'t" W41\ Agent BY / John kin, r and Duly Authorized Agent/ CITY OF SOUTH BURLTNGTON BY l Duly Authorized Age STATE OF COUNTY OF ,SS. L t, At in said County and State appeared Gerald C. Milot, General Partner Partnership, and he acknowledged this iristm deed and the free act aril deed of Larkin Milu Pd, Before me ,-A STATE OF VE MONT COUNTY OF CBn-MND.EN, SS. this day of April, 1998, personally uthorimd Agent of Larkin Milot si ed and sealed to be his free act and Notary Public At Burlington in said County and State on this 9 t 'day of April, 1998, personally 4 APR-Ub-96 MUN b:34 Lisman h Lisman ^HX 14U. K U3/13 appeared John P. L firkin, General Partner Partner hip, and he acknowledged this mstrun c t lA horized Agent of Larkin Milot deed dW the free act and deed of Larkin Milot and sealed to be his free act and l Before me Notary Public STATE OF VERMONT COUNTY OF CHTTTENDEN, SS. At South Burlington in said C outtly and State on this %� day of 1998 appeared Q , personally Burlington, and l acknowledged this rostrum,, by yhim authors agent of the City of South sles and sealed to be deed and the free act and deed of the City of South Burlington. hts act and Befo me �-otary Public o7uoo� aloiov�s,r,��r�,�,� YX ACCEPTANCE 4i z by the x PINNACLE AT SPEAR HOMEOWNERS ASSOCIATION The Pinnacle at Spear Homeowners Association, a mandatory membership association of owners of the lots at the Pinnacle at Spear (the "Association"), hereby accepts the responsibilities and obligations imposed on it pursuant to the Second Notice of Conditions of Subdivision Approval, dated November / 5/ 1 1995, by Larkin Milot Partnership, recorded in Volume I AS, Page > as of the Land Records of the City of South Burlington. IN WITNESS WHEREOF, the Association has executed this Acceptance this 4' day of November, 1995. S: PINNACLE AT SPEAR HOMEOWNERS ASSOCIATIO BY Duly zed Ag 6t STATE OF VERMONT CHITTENDEN COUNTY, SS. At Sou kur on in said County and State oq this � day of November, 1995, personally appeared 0`11 �!I�,:+ duly authorized agent of The Pinnacle at Spear Homeowners Association, and he ackno ed is�cle ument by him signed and sealed to be his free act and deed and the free act and deed f T t Spear Homeowners Association. Before me 09\20014g010vga1\cmaifio.not Notary Public SECOND.,��«,�rc� _ NOTICE OF DEVELOPMENT CONDITIONS „.,.— 7 , THIS NOTICE is made this day of November, 1995, by Gerald C. Milot and John P. Larkin, doing business as Larkin Milot Partnership, a Vermnt general partnership (the "Declarant"). RECITALS 1. The Declarant is the owner of 66.7 acres of land located on the east side of Spear Street in the City of South Burlington conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 322, Page 188 of the Land Records of the City of South Burlington (the "Property"). 2. Such lands and premises are shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington (the "Plan"). 3. The Declarant has applied for, and received approval from, the South Burlington Planning Commission to subdivide the Property into 73 single-family lots, common areas and roads, as depicted on the Plan. 4. It is a condition to the subdivision approval by the Planning Commission that the Declarant make certain undertaking and promises. 5. This document supplements a Notice of Development Conditions, dated November 5, 1993, recorded in Volume 353, Page 585 of the Land Records of the City of South Burlington. AGREEMENT In consideration of Ten Dollars and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Declarant hereby declares that the and confirms that the Property shall be held, sold and conveyed subject to the following coveants, agreements, easements and restrictions, all of which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or any part thereof, and their heirs, successors and assigns: 6. The Pinnacle at Spear Homeowners Association, a mandatory membership association of owners of the lots shown on the Plan (the "Association"), shall be responsible for, and shall maintain, repair and replace (as necessary), (a) the community mailbox area, including the paved areas and supports for the mailboxes, as the location is shown and depicted on a plan, being sheets 6 and 9 of 27, entitled Nowland Two South Burlington Vermont Site and Utilities Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 116 and 119, respectively, of the Land Records of the City of South Burlington; (b) all drainage collection systems, each in the locations as shown and depicted on a plan, consisting of sheets 5 of 27, 6 of 27, 7 of 27, 8 of 27 and 9 of 27, entitled Nowland Two South Burlington Vermont Site and Utilities Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 115, 116, 117, 118 and 119 of the Land Records of the City of South Burlington; (c) and clean, all stormwater retention ponds, each in the locations as shown and depicted on a plan, consisting of sheets 5 of 27, 6 of 27, 7 of 27, 8 of 27 and 9 of 27, entitled Nowland Two South Burlington Vermont Site and Utilities Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 115, 116, 117, 118 and 119 of the Land Records of the City of South Burlington; (d) subject to applicable laws and regulations regarding wetlands, the unnamed stream which meanders through the area identified as "Delineated Wetlands Limits" on the plan entitled Nowland Two South Burlington Vermont Overall Site Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 113 of the Land Records of the City of South Burlington; and (e) the "drainage easement" area in the westerly portion of Lots 6 and 7, in the location depicted on the plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 112 of the Land Records of the City of South Burlington IN WITNESS WHEREOF, the Declarant has executed this Declaration this day of November, 1995. LARK.IN MILOT PARTNERSHIP BY Gerald C. Milot, general partner and duly authorized agent BY /I 40'1/Lt .f John P. dLarkin, g6nerat'partner and duly authorized agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County and State i personally appeared Gerald C. Milot, general partner Partnership, and he acknowledged this instrument by WnAi and the free act and deed of Larkin Milot Partner in this .71 day of ' cti , 1995, duly authorize agent of Larkin Milot ,,d annealed to be his free act and deed Before me Notary Public 4 4 f '► STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County and personally appeared John P. Larkin, general p Partnership, and he acknowledged this instrumen and the free act and deed of Larkin Milot Part r Before me State on this 1� day of I `��° �" "� 1995, �duly authorize agent of Larkin Milot e and sealed to be his free act and deed Notary Public STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-255.� (VOICE TDD) STE VEN F. STITZEL FAX (902) 660.2552 OF COUNSEL PA111 R. PAGE* E-MAIL(FIRM2555®AOL.CO1,,) ARTHUR W. CERNOSIA ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M.EUSTACE (-ALSO ADMTITED IN N.Y.) May 5, 1998 Carl H. Lisman, Esq. Lisman & Lisman PO Box 728 Burlington, VT 05402-0728 Re: Nowland II - South Burlington Dear Carl: I met with City Officials last week to review the most recent versions of the real estate documents for the above - referenced project. During that meeting, we determined that the City already owns portions of the roadways within this project. I have attached a copy of a Warranty Deed from Gerald Milot and John Larkin, recorded in Volume 418, at Page 165 of the South Burlington Land Records, that conveys to the City a portion of "Nowland Farm Road" (f/k/a "Deerfield Drive"), all of "Olivia Drive" (f/k/a "Nowland Drive"), and all of Pinnacle Drive. I have also enclosed a marked up copy of a plan entitled "Nowland Two, Plat of Subdivision of Lands of Gerald C. Milot, et all.," dated July 1992 and recorded in Map Volume 286, at Page 112, which depicts the roadways that have already been conveyed to the City. As such, the City needs warranty deeds from your client to convey the remainder of the roadways, namely: Vale Drive; Dorey Road; Vale Drive Extension (including those strips "to be dedicated to the City of South Burlington (for future use)"); and the remainder of Nowland Farm Road. In addition, we will need a revised Offer of Dedication for the roadways to be conveyed. Finally, please send unsigned copies of all of the roadway deeds for attachment as exhibits to the Offer of Dedication. Please do not hesitate to call if you have any questions. Thank you. Sincerely, w� Timothy M. THE/maf Enclosure cc: Ray Belair J� C L�l Eustace Son3634.cor City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 12, 1998 Lance Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Add 7 Lots, Pinnacle at Spear Dear Mr. Llewellyn: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the March 10, 1998 Planning Commission minutes. If you have any questions, please give me a call. JW/mcp 1 Encl YO1, C L� RK�9c �d inVol.on page- a � Burlingtrgn Land Recor Margaret A. Picard, City Clerk WARRANTY EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS, That LARKIN MILOT PARTNERSHIP, a Vermont general partnership with a place of business in Burlington, Chittenden County, State of Vermont, ("Grantor"), in consideration of Ten and More Dollars, paid to its full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, does freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, an easement in perpetuity for the purpose of installing, repairing, maintaining, restoring, and/or replacing a stormwater drainage pipe, together with all appurtenances thereto, under and through land in South Burlington, County of Chittenden, State of Vermont, (hereinafter the "Easement") described as follow, viz: Being that Easement, subject to certain terms and conditions, conveyed to the within Grantor by Warranty Easement Deed of Victor L. and Ann O. Ratkus of or about even date herewith and to be recorded in the South Burlington City Land Records. Reference is made to the plan described in said aforementioned Warranty Easement Deed for a more complete description of the Easement conveyed herein. TO HAVE AND TO HOLD the granted Easement with all the privileges and appurtenances thereof, to Grantee, its successors and assigns, to its own use and behoof forever, and Grantor for itself and its heirs, successors, and assigns, does covenant with Grantee, its successors and assigns, that until the ensealing of these presents it is the sole owner of the lands through which the Easement is granted and has good right and title to convey and encumber the same in the manner aforesaid, that the lands are FREE FROM EVERY ENCUMBRANCE, except as aforementioned, and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, Grantor sets its hand this�3 day of August, 1995. IN PRESENCE OF: J W itnes LARKIN LOT AR�yTNERSH By: C Gerald C. Milot STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At l i D , in said County and State, this L 15 day of August, 1995 personally appeared GE LD C. ILOT, duly authorized agent of LARKIN MILOT PARTNERSHIP, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of LARKIN MILOT PARTNERSHIP. Before me U U R Notary Public My commission expires: 2/10/99 Ver^�cr:t i roperty Transfer Tax 32 V. .A. C a . 23I <Qerkinwd.bo8» PET! RN RE ; p FA C ti i..�h.N 1 6 VTWioLSE 801.^(,)TIiC�,T!iCERT.RECD, CE i EIOFME4' PLANS ACT. CEnT. RE�_p Clerk END OF DOCUMENT � ��..�.-ate�/ � b? a tea- Js�i.--1 alusirke" WARRANTY DEEDNk* TT"ffidt*%aL Ap ampid A Pkard, city Clef KNOW ALL PERSONS BY THESE PRESENTS, that GERALD C. MILOT, of Burlington, County of Chittenden and State of Vermont and JOHN P. LARKIN of Burlington, County of Chittenden and State of Vermont ("Grantors"), in consideration of the sum of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont ("Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns forever, certain strips of land in the City of South Burlington, County of Chittenden and State of Vermont (hereinafter the "Property") described as follows, viz: An eighty (80) foot -wide strip of land extending from the easterly boundary line of property now or formerly of Ibis. southeasterly 358.20 feet to a set of concrete monuments located southeasterly of the intersection of Pinnacle Drive which mark the northeasterly and southeasterly corners of said strip. Also, two sixty (60) fout-wide strips of land which constitute all of Olivia Drive and Pinnacle Drive. Said strips of land are described by metes and bounds on a plat entitled "Nowland Two: Plat of Subdivision of Lands of Gerald C. Milot, et. al." dated July, 1992 and recorded November 8, 1993 in Plat Volume 286 at Page 112 of the South Burlington City Map Records. On said Plat, Olivia Drive is captioned "Nowland Drive" and "Nowland Farm Road" is captioned "Deerfield Drive". The above described Property is conveyed to Grantee for use for municipal road, recreation path, utility and stormwater drainage purposes. Included with this conveyance are all roadway and recreation path improvements, sidewalks, sewer and water mains and appurtenances, and stormwater pipes, catch basins, and appurtenances. Said roadway, utility and recreation path improvements are located and depicted on surveys entitled "Nowland Two: Site and Utilities Plan' recorded in Plat Volume 286 at Pages 115-118 of the South Burlington City Map Records. Together with easements adjacent to and leading from the Property at particular points for stormwater pipes and utility easements as depicted on said plats, the final location of the easements to be centered on the pipes and utilities as installed. Said pipes conduct stormwater drainage to drainage basins and ponds maintained by Grantors and their successors and assigns. Meaning also, by quit -claim only, to convey all roadway, utility, storm drainage, and recreation path improvements constructed by Grantors within the eighty (80) foot strip of land constituting the westerly end of Nowland Farm Road, which strip was dedicated to the City of South Burlington pursuant to documents recorded in Volume 252 at Page 87 and Volume 271 at Page 605 of the South Burlington City Land Records. By acceptance of this Warranty Deed, Grantee acknowledges that it has received the necessary "as built" certifications and test results, and has performed the investigations it deems necessary to accept the above -mentioned improvements in their "as is •• vihere is" condition. It is acknowledged by Grantee that it has received and filed an Offer of Irrevocable Dedication of a Warranty Deed which conveys the entirety of Nowland Farm Drive which will be recorded when Grantors have completed the improvements to the balance of said road and Grantee has accepted said improvements. Reference is made to a Warranty Deed from Marie Underwood, Gerald C. Milot and John P. Larkin to the City of South Burlington dated February 6, 1992 which has been delivered to and is being held by the City of South Burlington for recording upon completion of improvements the entire length of Nowland Farm Drive. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Property, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoof forever; and the said Grantors, for themselves and their heirs and assigns, do covenant with the said Grantee, and its successors and assigns, that until the ensealing of these presents, the Grantors are the sole owners of the Property, and have good right and title to convey the same in the manner aforesaid. that the said Property is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and they hereby engage to WARRANT and DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, GERALD C. MILOT and JOHN P. LARKIN have hereunto set their hands this ay of October, 1997. IN Pil;ESENCE OF: ,11 fitness &3/c (, �. 11l W' es STATE OF FLORIDA COUNTY OF 6,.0 , SS. U_erald C. Maot Joh 1 Lai•kid - - - At /A LLsdo ro d"4CA in said County and State this �'97 day of October, 1997, personally appeared GERALD C. MILOT, signer and sealer of the foregoing instrument and he acknowledged the same to be his free act and deed. Before me, 11_���/,ti✓/y�"� Notary Public Notary commission issued in County My commission expires: MAE STATE OF VERMONT COUNTY OF CI-IITTENDEN, SS. At Burlington, in said County and State, this day of -October, 1997, personally appeared JOHN P. LARK[N, and he acknowledged this instrument, by him signed, to be his free act and deed. Before me,� CP • Notary 64� - ublic Notary commission issued in Chittenden County My commission expires: 2/10/99 �iti -ITN �is�t hex jet 32 . �'�;,n. 7" 4, R6r.TIM�tMR�t.'•'p'iAXPA:i"�^c',?1A!�ik.; r �. pgse <Merrenty Deed - Mil -/Larkin to City of S—h Burlin9t0n/347I0/gtc011.MP/BMC. 14 rmn r%is nn tmFNT 0 W NIA" UNDERHOOD NOTES 1. Owner of Record John P. Larkin and Applicant: c% Larkin Realty 410 Shelburne Road South Burfington, VT 05403 2. This sketch pion is based on the previously approved plans for the development Pinnode at Spear' previously known as Nowland Two . This project, consisting of adding lots 74-80 requires the extension of Vole Drive. 3. The portion of this sketch plan, depicting Nowland Two, Lots 1-73, was obtained from the plan entitled 'Nowland Two — Vlncinity Plan', drawing D-4381, Sheet 2 of 27, lost revised 1015193, by Fitzpatrick — Llewellyn Incorporated. 4. The portion of this sketch plan, depicting Economou Forms, units 1-38, was obtained from a plan entitled 'Economou Farms Golf Course' sheet C2-9, dated February 1997, by Civil Engineers Associates. 5. This drawing is not for construction. 6. Zoning District: Southeast quadrant. 41ItAPH1C SCALE 2; 0 100 200 400 Boo (IN FEET) I inch - 200 ft. THE USER SHALL CONFIRM THIS COPY CONTAINS THE LATEST REVISIONS I ti I i(t 1�99 H/F UNDERN'OOD 4"'/vpi' RUNCr� rr N I � Zv Ir �' Op M I i ? gvpr i O / v i rhv � 1 �e 1 2 O-' 6 / 1 7 8 I 1 r I �1' Ir/hr 1'l Ve �r 1 I 50 --- „ f 49 -- COMMON LAND a8 19 18 17 16 15 14 13 12 it 10 A g _ 47 20 21 22 23 24 31 25 26 27 28 29 30 ` 32 0 j J9 38T37 36 35 J4 3J 45 44 43 42 41 4 1 1 I COMM B LAND 52 [5-1= 561571 58 59 60 62 7J 72 71 70 69 68 � _ 67 66 70 65 n 78 COMMON LAND 64 63 74 I_--- --- --- — LANO 32 31,3T9 2B 27 r 26 25 II 24 / 23 22 21 �l��.l_�/ L 20 r� ' 6_1'I7'8'I9110IN 12, ' , T- �.179 176 18 �023 J \`\ NIF ECONOMOU FARMS INC PLAN SCALE: 1' = 200' NIF ISNAM c� Q,f r"'\ NORTH ��915't MAGNETIC RECE--V.--r) a Ic FEB 0 3 1998 City of So. Burliper-i PINNACLE AT SPEAR VERMONT SKETCH PLAN — LOTS 74-80 L L E W E L L Y N DATE cT911124 Jonuary 1998 INCORPORATED OIIMNBY: LRB ENGINE ING•PERMIrRNG-CONSULaNO SERVICES DRAWQ 0040-D SOUTH BURUNGTON T 802-CM-21DO VERMONT 05401 F 802_OU-2882 MT. I e 1 I City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 13, 1998 Lance A. Llewellyn Llewellyn, Inc. 4049 Williston Road South Burlington, Vermont 05403 Re: Add 7 Lots, Pinnacle at Spear Dear Mr. Llewellyn: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from, City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, February 27, 1998. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE' ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTED IN N.Y.) Carl H. Lisman, Esq. Lisman & Lisman P.O. Box 728 Burlington, VT 05402-0728 (802) 660-2555 (VOICE/MD) FAX (802) 660-2552 E-MAIL(FIRM2555 @AOL.COM) March 5, 1998 Re: South Burlington - Nowland II Dear Carl: OF COUNSEL ARTHUR W. CERNOSIA I am writing to inquire about the status of the outstanding original documents for the above -referenced project. By letter dated February 13, 1997 I sent you a number of original documents that required revision and signatures by the respective parties before they were ready for recording. I enclose a copy of that letter for your reference. Please do not hesitate to call if you have any questions. Thank you for your attention to this matter. Sincerely, aoth. Eustace THE/dah Enclosure cc: Ray Belair (w/ encl.) son3556.cor STEVEN F. STITZEL PAT n R. PAGE* ROBERT E. FLETOU R )OSEPH S. MCLEAN TIMOTHY M.EUSTACE (*ALSO AD.. 97 N N.Y.) Carl H. Lisman, Lisman & Lisman P.O. Box 728 Burlington, VT S'l J fZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT05402-1507 Esq. 05402-0728 (802) 660-2555 (VO)L=D) FAX (802) 660-2552 E-MAMJU M2555CEAOL.COM) February-13, 1997 Re: South Burlington - Nowland II Dear Carl: OF COUNSEL ARTHUR W. CERNOSIA Enclosed please find original documents for the above - referenced project which need revision before they can be recorded. In reviewing these documents, I noticed a consistent error that can be remedied without redrafting. I realize that your clients are currently out of state and that making the necessary changes may take some time, but we want to record accurate documents. The March 17, 1992 Underwood deed is incorrectly listed as being recorded in Volume 332 of the South Burlington Land Records in every document which contains the reference. The correct Volume is 322. This reference can be found in the following enclosed documents: -Exhibit A to the Irrevocable Offer of Dedication of utility and recreation path easements from Larkin and Milot to the City of South Burlington. -Warranty Deeds from Larkin and Milot conveying utility easements (3) and the recreation path easement to the City of South Burlington. -The Second Notice of Development Conditions. -Exhibit A to the Irrevocable Offer of Dedication of roadways (and future roadways) from Larkin and Milot to the City of South Burlington. Carl H. Lisman, Est-, Lisman & Lisman February 13, 1997 Page 2 -Warranty Deeds from Larkin and Milot conveying roadways (and future roadways) to the City of South Burlington. Schedule A's for each of the Partial Discharges I received three different versions of Schedule A for the Partial Discharges. I am enclosing a proposed draft of a revised Schedule A which uniformly refers to the necessary documents. Please review and give me your thoughts as to the changes made, and the likelihood of success of obtaining approval of the parties. Finally, we have issues with the Hausner Documents. The volume and page of the plan referred to ("Nowland Two, South Burlington, Vermont, Sanitary Sewer Extension") needs to be added to the Irrevocable Offer of Dedication and Exhibit A (Vol. 365, Page 120). Moreover, Walter Grenier's signing of the document as a witness, notary and duly authorized agent of the Merchants Bank is troublesome. We request that this document be replaced with one which does not have Walter signing in multiple capacities. Thank you for your attention to this matter. Please do not hesitate to call if you have any questions. Very truly Timothy M. Enclosures cc: Mr. Raymond Belair (w/out encl.) SON3199.COR yours; L Eustace 11. The applicant shall contribute $15,995 to the Shelburne Road Intersection Improvments Fund based on the 623 peak hour trip ends to be generated by this project. 12. This project is approved for 341 residential parking spaces and 469 commercial spaces. This project is also approved for a maximum peak hour trip end generation of 623 trips. As expressed by the applicant, the commercial portion of the project, includ- ing the hotel, is only conceptual at this time. Therefore, prior to issuance of a building permit for any development in the commercial portion of the project, the applicant shall submit a revised final plat to the Planning Commission for approval. Any proposed commercial project shall fit within the 469 total com- mercial parking spaces and 623 maximum peak hour trip end limit (including residential portion) as approved by the Planning Commission. 13. This approval is contingent upon the establishment of a Transportation Management Association (TMA) in accordance with the document entitled "Shelburne Road Corridor Transportation Management Association, Final Draft, August 1990". As expressly represented by the applicant, the applicant shall fund the first 18 months of the proposed Shelburne Road Corridor TMA, As de- fined in the above referenced document the first 18 months re- quires a budget of $50,000. Effective upon District Environmen- tal ap proval of this project, the applicant shall hire a program ?� coordinator, provide working space within the corridor, and ., establish an account for the TMA. The applicant shall contribute $30,000 to the TMA by said date and an additional $20,000 one year after that. The proposed bylaws shall be finalized after the hiring of the TMA coordinator. 14. This approval is conditional on -a development phasing plan of 75 residential units per year. 15. At the time ____the __ Pomerleau _property_ is approved for development the then owner of the subject property shall extend Fayette Road to the northerly property line in accordance with municipal standards and at its own cost and expense. This obli- gation shall run with the land and shall be secured by a mortgage or other lien on the property. In addition, prior to issuance of a zoning permit, the applicant shall post an escrow account to secure further the costs of the future extension of Fayette Road to the Pomerleau property. The amount of escrow shall be deter- mined by the City Engineer. The documents necessary to effect this plan shall be submitted to the City Attorney for approval. 16. The private residential street shall be fully installed and paved prior to issuance of a certificate of occupancy. 17. Applicant shall submit to the City Planner a list of any changes required by Act 250 prior to issuance of a zoning permit. 18. The storm water retention pond shall remain in private ownership and shall be maintained by a landowner's association. Paul G. Mayer,CPA 41 Pinnacle Drive South Burlington, Vermont 05403 April 1st, 1998 City of South Burlington Planning Department Chairperson 575 Dorset Street South Burlington, Vermont 05403 Dear Sir: Please be advised that we are concerned with the recent proposed sketch plan that was presented by John Larkin in regard to the additional lots (7) for Pinnacle at Spear. The neighbors had a meeting on Monday evening the 30th of March to express their concerns. In general, the major concerns are as follows: 1. The wetlands are a very important part of this development. When Jack Nicklaus was here he said that there would probably never be a major tournament at the Vermont National because of the wetlands. The wetlands are a very important part of this parcel and its character should not be disturbed. 2. When a development is negotiated with the City of South Burlington and the State of Vermont (Act 250) numerous trade offs are part of the bargaining process. To seek an amendment to this already agreed transaction seems to be contrary to the spirit of the original agreement. 3. It appears that the density agreement has already been maximized. 4. I realize that in a court of law this would be considered puffing but each of the concerned neighbors (approximately 20) on short notice stated that they were assured that no houses would be behind them other than the height restricted lots previously approved. We consider this unethical to make assurances and then to do something that is contrary to what was originally stated.. Please advise me of the next planning commission meeting. In addition, we would like to know the name of your environmental engineer and the names and phone numbers of all members on the planning commission. We feel that it is important at this time to have the environmental engineer revisit the Wetlands and make a determination as to what effect the additional building lots will have on the Wetlands and their habitat. I appreciate your cooperation in this matter and look forward to receiving the requested information. Sincerely, Paul G. yer r CHARLES T. SHEA STEPHEN R. CRAMPTON STEWART H. MCCONAUGHY ROBERT B. HEMLEY Wa.LuM G. POST. JR. CRAIG WEATHERLY JAMES E. KNAPP JOHN R. PONSETTO DENNIS R. PEARSON PETER S. ERLY ROBERT F. 01NEILL MARGARET L. MONTGOMERY LvcY T. BRowN DAVID R. PUfNAM JAMES L. VANA VIA COURIER GRAVEL AND SHEA ATTORNEYS AT LAW 76 ST. PAUL .STREET POST OFFICE BOX 369 BURLINGTON, VERMONT 05402-0369 South Burlington City Council Members South Burlington City Hall 575 Dorset Street South Burlington, VT 05403 Dear Members of the City Council: January 14, 1994 AREA CODE 802 TELEPHONE 658-0220 FAX 658-1456 CLARKE A. GRAVEL COUNSEL NORMAN WILLIAMS SPECIAL COUNSEL 0 In accordance with the precedent of Bill Gilbert's November 1, 1993 Memorandum having been submitted directly to you, I have no qualms about following suit particularly in light of inadvertently stumbling upon a proposed City Council resolution which has the potential to undercut the decision of the City Planning Commission with respect to the above -captioned residential development. If that is its author's intent,) then the effort constitutes a blatant attempt to circumvent the Council's firm rejection of Bill Gilbert's request for support of his position at its meeting December 20, 1993. Putting aside for the moment the fact that we don't believe the resolution as drafted accurately reflects either Vermont statutory or case law, and would be given short legal shrift by any knowledgeable judge hearing Bill's appeal, the practical effect of the Council adopting such a resolution is that the attorneys representing Bill in the court appeal would inevitably seek to introduce such a resolution into evidence, putting a spin on it which related the sentiments expressed by the resolution back to the Planning Commission's decision approving the Nowland project, and further alleging that the resolution reflects the Council's present disagreement with the Commission's decision. Regardless of the resolution's actual intentions, its passage as drafted will inevitably lead to its use to advance Bill's position in court. This is consistent with Bill's "political" viewpoint concerning his appeal, as reported in '"The Other Paper" where he said, "if the Council comes in on his side, he will win his appeal -- if they come down against his 'While not alleging what the intent of the resolution's author might be, we would note the potential conflict of interest in light of the location of his residence, and the documented history of his opposition to this particular project. GRAVEL AND SHEA South Burlington City Council Members January 14, 1994 Page 2 argument, he has little chance of winning." Since we feel the resolution as drafted has the potential to prejudice our client's position in the pending appeal before the Chittenden Superior Court, and could be used in contravention of this clear stand taken by the Council on December 20, 1993, we would respectfully urge its rejection by the Council. Messrs. Milot and Larkin are already on record as being fully sympathetic with the Council's interest in improving the administration and application of the City's regulations, ordinances, and specifically expressed land use planning goals. Therefore, if in fact the intention of such a resolution is to prospectively enunciate certain principals, we would suggest two actions which would eliminate our concerns about prejudice to our client. First, make it perfectly clear in the Council's written minutes that the adoption of such a resolution is not to be interpreted as a rejection of or disagreement with any existing decisions of the City Planning Commission, Zoning Board of Adjustment, or other board or commission. Second, if we may be so bold, consider the enclosed resolution as one which achieves the intent consistent with Vermont law. Because of my unawareness of the pending matter until earlier this week, I have an unavoidable conflict and cannot attend your regular meeting on Monday, January 17, 1994. If there will be subsequent public discussions of this matter, or any other actions which might potentially affect the Nowland Two subdivision project, or any other on- going or proposed projects of Messrs. Milot and Larkin for that matter, I would appreciate the courtesy of prior notification. Cordially, GRAVEL A-N-D�-SHEA i 5t phen R. Crampton ; Enclosure cc: Mr. Gerald C. Milot William Gilbert, Esq. Steve Stitzel, Esq. Charles Hafter, City Manager (via courier) Joe Weith, City Planner -2- RESOLUTION WHEREAS, the City of South Burlington (the "City") has in effect a Comprehensive Plan which was adopted pursuant to the procedures and for the purposes set forth in 24 V.S.A. Chapter 117; and WHEREAS, an underlying purpose of the Comprehensive Plan is to guide decisions regarding land development in the City; and WHEREAS, the City has enacted ordinances and regulations for the purpose of implementing the Comprehensive Plan, and thereby regulating land development so that it occurs in a manner that is consistent with the stated goals and purposes of the Comprehensive Plan; NOW THEREFORE Based on these premises, the South Burlington City Council hereby: RESOLVES: Where an ordinance or regulation in effect in the City specifically conditions approval of a permit or license on, and requires an express determination that a proposed regulated activity is in conformance with the Comprehensive Plan, the requested permit or license shall not be granted unless it is in fact determined that the proposed activity is in conformance with the Comprehensive Plan as interpreted and applied by the municipal board or commission charged with approving such permit or license. AND FURTHER RESOLVES: Where land development activity requires approval under an ordinance or regulation enacted for the purpose of implementing the stated goals and purposes of the Comprehensive Plan, the ordinance or regulation shall be interpreted and applied in a manner that is consistent with and enforces the express language of the ordinance or regulation as formally adopted pursuant to 24 V.S.A. Chapter 117. However, if there is any ambiguity in the ordinance or regulation, the municipal board or commission considering such license or permit approval shall interpret and apply the ordinance or regulation in a manner that best implements the stated goals and purposes of the Comprehensive Plan. Approved this day of January, 1994. SOUTH BURLINGTON CITY COUNCIL -2- William J. Cimonetti 1393 Spear Street South Burlington, VT 05403 (802)863-4905 December 28, 1993 Chuck Hafter City Manager City of South Burlington Dear Chuck. - While the action taken at the most recent City Council meeting with respect to the appeal of a Planning Commission decision is completely acceptable to me, and was perhaps the most appropriate action for the time, I am still concerned over some advice previously given by City Attorney Steve Stitzel to the Council. That was, in essence, a concern that the Superior Court will most likely ask, and in fact may demand, to know the position of the elected officials of the city on the issue. We can't have "no position", and we've voted to not take the position of the appellant. That doesn't mean that we oppose the position of the appellant any more than it means that we support the position of the applicant, or vice versa. It seems to me that it is our responsibility to be more definitive. I hope that the City Council, and the Planning Commission, too, believe that development applications be considered under the duly enacted city ordinances and city comprehensive plan. That position of belief should be self evident, since the City Council warned, conducted public hearings, and publicly voted to enact both documents, but the self evidence may not suffice under the narrow constrict of a Superior Court. I wouldn't be worried about this if Steve hadn't warned us that the courts have shown a tendency to give credence only to ordinances and not to comprehensive plans. In our case I believe that the ordinance cites that a planned residential development must meet the requirements of the comprehensive plan, but since duly adopted comprehensive plans are still rare in this state, the court might be tempted to ignore the point unless it is made emphatically clear. This will not be an issue if the court holds that South Burlington's ordinance and comprehensive plan, as both relate to the south east quadrant, are clearly in harmony. But I understand that an underlying issue of this appeal is an allegation that these two documents, if applied separately, would lead to different allowable densities. I do not know is this is in fact true, but this appeal, already filed with the court, is the proper vehicle for this allegation to be tested. Therefore, I propose that the City Council consider a resolution simply setting forth that it is the policy of the City of South Burlington that proposed developments be considered for compliance with both the relative ordinances and the comprehensive plan. I would propose to introduce such a resolution at the next meeting of the Council. In order that the resolution be clearly understood, and if passed, be suitable for scrutiny by the court, my request is that the City Attorney draft it. Please let me know if my request is understood, if you are instructing Steve Stitzel to draft such a resolution, and if the consideration of the draft resolution will be warned for the next meeting of the Council. If there is a problem with any of this, let me know at once, for I will then consider alternatives. Thank you very much. Regards, l cc: South Burlington City Councilors South Burlington Planning Commissioners MOLUTION WHERtXSO the it� of SoUth 811r115 in effect a b V'''SOA�tt, to th proc edutes Comprehensive Plan which wis adopt P r and for the purposes --et f 6rth in 14 V.$:.A. chapter 117; and WITERE I AS, an uMerlying putpoze of fho. cot*oprobensiva Plan is to guide decisions regardi:�'4 land in the cityand 1h -ted ordinances as WNERE4S, t1io City of South S-U"l h t0� and rejula I tions as one Vvect.Ws of the Comprehensi-Ve Plan and r6gulatitg land dev-alopitte`ht 0 h' occurs in a manner that is consitto-nt with the qoils�' 'and -pu'rposes of th-a comprehendive Plan; 00W THEREFORE, smsxx) 64. THF,8-kl PAMI"-SSTHE SOUTH 'S N Uni dTON 01TY COUNC.tL HEREBY P,'$OLVES THAT.*- Wbore an orainanca or requliftf o'n.: An:'ef fect In, the City conditions approval of a por-mit 6r,: I r4r,,0:- Oii' 'a deterivibation '' that prop'oizod rogulatO actilvity 6r-I'V>r1liance with the Comprehensive Plan, the 6;.:Aii0ensG' shall' nbt:'bel granted unllessit is determlnod thAt.thy pt6o6s0d activity I Sin, conformanc:b with the, conprehensivia Phan.; AND It is Ht�EBy yt)Ri,FER RF,$0LVtP t-HAT Where land dovOoPnent ac't$vj.t.y r*'quirtss approvokl un,der an :ordinance or regulation enacted for the purpose of implementing the goals and putposed of the CoAtprehensive, Plan, the ordinance or regulation shall, be applied in a manner that implements the goals and pa)p0se-S, of the �oik),Preliensive Plan. Approved this, day of Janu,alryo 1994. SOUTH SUALINGTON CITY COUNCIL STATE OF VERMONT CHITTENDEN COUNTY, SS. IN RE: PLAT APPLICATION OF LARKIN-MILOT PARTNERSHIP FOR PLANNED RESIDENTIAL DEVELOPMENT CHITTENDEN SUPERIOR COURT DOCKET NO. S1224-93 CnC STIPULATION IN CONNECTION WITH CROSS -MOTIONS FOR SUMMARY JUDGMENT Appellant William A. Gilbert, and Appellee Larkin-Milot Partnership, by and through their attorneys of record, stipulate and agree as follows: A. The Court may take into consideration the following undisputed facts, in connection with cross -motions for summary judgment to be filed by the parties: 1. Final subdivision plat approval was granted to Larkin-Milot Partnership ("L-M") by the South Burlington Planning Commission ("Commission") on August 10, 1993, for a 77-lot subdivision located on Spear Street in South Burlington, commonly referred to as "Nowland II." 2. A true copy of the minutes of the Commission's decision approving L-M's Nowland II subdivision plat, is attached hereto as "Exhibit A." 3. The final subdivision plat approval issued by the Commission on z August 10, 1993, reflects and incorporates L-M's application for subdivision approval of this property, which application was modified and revised by L-M and/or the GRAVEL AND SFII:A ATTORNEYS AT LAW P. O. Box 369 BURLINGTON. VERMONT 0540 0369 Commission pursuant to numerous hearings and discussions during the course of preliminary and final plat consideration and approval. 4. True and complete copies of the relevant and applicable parts of South Burlington's 1991 Comprehensive Plan, Zoning Regulations (last amended September 21, 1992), and Subdivision Regulations (last amended June 2, 1992), are attached hereto as 'Exhibit B," "Exhibit C" and "Exhibit D," respectively. 5. The Planning Commission approved 73 building lots, and four common area lots, on a parcel 66.7 acres in size. The smallest building lot so approved is 0.28 acre, and the largest is 1.55 acre. 6. A true copy of the relevant and material sections of the final subdivision site plan approved by the Planning Commission, as filed in the South Burlington Land Records on November 8, 1993, is attached hereto as "Exhibit E." 7. The Court may receive into evidence, and give to it such weight as it deems appropriate, the record of proceedings before the Commission in this matter which is to be filed pursuant to Rule 74(d), V.R.Civ.P. B. If for whatever reason the Court declines to enter summary judgment in favor of either party with respect to the issue(s) to be raised in the cross -motions for summary judgment now contemplated by the parties, then this Stipulation shall_ be null GRAVEL AND SHEA - 2 - ATTORNGPS AT LAN' P. O. Box 369 BURLINGI'ON. VGRMON"I- 05401 0369 and void, and each party will be free to raise any issue(s), and to assert any facts and seek to introduce any evidence, which that party deems necessary or appropriate. Dated: Burlington, Vermont February , 1994 DOWNS, RACHLIN & MARTIN Attorneys for Appellant, William A. Gilbert Marc B. Heath, Esq. Dated: Burlington, Vermont February 1, 1994 GRAVEL AND SHEA Attorneys for Appellee, Larkin-Milot Partnership By: Stepl en R. Crampton, 4q. Dennis R. Pearson, Esq. < <LMSrIP.L02> > GRAM, AND SI ILA - 3 - A ITORNINS Ar LAW P. O. Box 369 BURI.INGY N. VERNIONI - Oi.lri� ntn9 CHARLES T. SHEA STEPHEN R. CRAMPTON STEWART H. MCCONAUGIIY ROBERT B. HE.MLE:Y WILLIAM G. POST. JR. CRAIG WEATHERLY JAMES E. KNAPP IoHN R. PONSETTO DENNIS R. PEARSON PETER S. ERLY ROBERT F. O'NEILL MARGARET L. MONTGOMERY Lucy T. BROWN DAVID R. PUTNAM JAMES L. VANA HAND DELIVERED Marc B. Heath, Esq. Downs, Rachlin & Martin Courthouse Plaza P.O. Box 190 Burlington, VT 05402 GRAVEL AND SHEA ATTORNEYS AT LAW ARIA CODE 802 76 ST. PAUL STREET TELEPHONE 658-0220 POST OFFICE BOX 369 FAX 658-1456 BURLINGTON. VERMONT 05402-0369 (.I.ARKE. A. GRAVEL COUNSEL. NORMAN WILLLAMS SPECIAL COUNSEL February 1, 1994 r. Re: Gilbert Appeal of Nowland II Subdivision Application Dear Marc: Following our meeting with Bill Gilbert last week, I enclose a revised draft of a proposed Stipulation. I believe Part B reflects your concern about being able to raise other issues and submit additional evidence, if the case is not resolved by summary judgment. VWith regard to your suggestion about including the initial subdivision application, dL4 it had been my plan to handle that simply by reference to the record on appeal which Steve Stitzel should be filing on behalf of the City -- particularly since we are not aware there is any issue about the final subdivision approval exceeding the scope of the application, and since our client is not seeking any different approval from the court than what it received from the Planning Commission. Nonetheless, I have added some language on that score as well. Finally, I also enclose a set of plans consisting of sheets 1-9, and 27. These are identical to those signed by the Planning Commission and filed in the South Burlington land map records on November 8, 1993. RECEIVED FEB 021994 StitZd & Page, P.C, Marc B. Heath, Esq. February 1, 1994 Page 2 I will call you tomorrow to verify everything is satisfactory and that the Stipulation has been signed. We will pick it up and file it with the exhibits. Thank you for your cooperation. Very truly yours, GRAVEL AND SHEA Stephen R. Crampton SRC:wlb Enclosures cc: Steven Stitzel, Esq. (w/enclosure) bcc: Mr. Gerald Milot (w/enclosure) BPS Steve: Although the City will not be a party to the Stipulation, I thought you should know what the other litigants are up to. Please call me with any questions or comments. STATE OF VYMMONT CTr H'I'ENT.7EN COUN'rY, SS. IN RE. FLAT APPLICATION OF LARKI'.N-M0,01' P.A.RI'NEASHTP MR F.I.ANNl";D RlrSIDEN17AL lrEV'E101>1Ml;;t' T CH-V11`FNI DEN SUPFRIO'R COURI' DOC''Mr NO. 5121214.93 CnC Si iP►,;1.,�,"1'I�.aN UNI +CONNI!~K 17ON W1:11I Appellant William A. Gilbert, -and A}rpollce Larkin-Milot Partncrsbip, by and through tlicir attorneys of recom, suptilate azid :agree as follows: A.. The Court .ma.y v-*c ints) consideradon the following undisputed facts, in conrcctjon with cross- mc)tloos for stimi- tiary jtitdg► axtt to be filed by the partics: 1. Final subd.ivisior, plat approval was gre'tnted to U,rkin-,Milot Partner;�laap ("l✓-iail'") by the SOUth I�1,;rlingtOrl Pla"0109 C.M" nksioll. ("Commission") mission") on August 10, 1993, for a 77-lot subdivi`ic►n lc?rWed or, Spezar Street in South Burlington, cotlimonly referred to ai "Nowland, 111," 2. A trim; copy of the rnim.tc's of the dccisiotl Itpprovicrg L-M's Nowland II subdWision plat, is Coxtt<ach'wd iae:reto :1s "r,,xhibit A. 3. The Pipit! Subdivision platapproval isstwd by the C'()ininission on August 10, 1993, reflects and incorporaates UM's application for subdivision approval of this property, which applic,1tion wa,;; modified and mvised by L-M and/or the GRAVI-d. AN() $i WA k-ToRNcM A-1 L A W 11. 0. $(ix MQ BURUNGTON V('JZM,,Nj ri5d0: W61) T 0 1 1j .L T -L" tb Z-: - S+ T �`�H ! br_ —i=� T _j C01?lmission pulstl:xitt to [lUt -1 i{)l35 ii, .;wp1'},dry {31it.� C 14a;13`,RaiCJx)S < tlQ it: 4hL Cf)'t3 5e ?t prelb-ninary and finrtl Matt ctar), idwr;it ort � tad ttlal�)i tawK.l. 4. True and cr)alplete et)pi.es raf the r Aerttijnt a z).,j -ApIltilicable party taf South Burlington's 1991 �'c)irff:�tel�c.ts,� r�::* Play), "1;on"I)g egl-Ulations (last ugmended Se ptehYlaer 21, 1992), r�ri Subd:�;sc,i f�esul;Wicr, itended June , 1992), are attached hereto as 11E: lji@)iC R.,)) "�.xlail�.�1 �." athd �Eu•ltil)i":t D," respectively. S. ne Planning" Cow"Mi'sSion ;+11iprovvNd 73 building R,Its, and four Common arej lots, ran a prlt'ce.l 66.7 acres wn Size'. Nlildir;g l()t so Approved is 0.28 acre, and the largos i; 1.55 U. A ti°iw'e c(,)CJ 0 1, i�dd:�Tfa�%� ����1 iZl t't�"ri<�I sectioni of t. subdivision site plain approved by t1jo �l<rnnitig C"nt��at)issio:�, a9 f l :d in tbc South Burlington Und Records on Novembet n, 1093, ,s a- tI%rlieml h :tetca-s "Exhibit 7. 7`he Court may receive into; OviricnCe,'and give to it sueia rXeigj.jt as it deems appropriate, the record of pi,(ire5digj bor(')z,e tlai~ Ct?MiM'ssi(}rl in this matter which is to be filed pursuant to Rule 74(d), V.R;t",iV.P, B. ff for whatr'v'e,, re;.jr•or, t11c: (:"t:5urt deC;Nrr; S to Cif{4rl Sts.i?rrn ry ua� s, 1 igi,,ent in favor of either party wtk) rt c cct to t1le isstit(s) to be rw',SMd in the crc)ss-maticari.5 for summary jUdgrment now cc�tjts.n,jplaterl her t1le l arties, tk,C(t tfs's StiptxiatEz3ll shall. be null uRAV);t, AND S111A A1f'fo1,-v Y1 .h! I.A%v P. () lip •,x J69 41:NN'TON �'rt.�rwf l §�F and void, and e xcb party will he frek, do caise any issue(s), arid to assert any Facts and scck to introduce any evidence, whieh that pwrty &emi necessary or appropriate. Mi.tcd: RMIrlington, Vc 000r=i Fc to m ary ._ _.., ! 91;' Dated: t <t tits, (PA.02> > C�I'LgV1a1. A�tit) SI Ih;l, r11;' nt;NUYY.kI' P. o. fi��x 3t,►� aau+, Ciow\, ,s, MP ci-ioN klk .MAR'iCN Attorney% for Al;ipcllant, William A. Gilbert mare .B_Heath, Esq. Burlington, Vermont February 1, 1994 GRAVEL %fir'' O SIMA Attorneys for Appellce. Larkin-MI'lot partylon. ails zw ..'"� s -pl an lE�. G.,rarnl�ton, Donryls R. Petarson. Esq. .3. ' =1 -'l f-! .-A -7 =1 7-7 1 T 1 •=:9 _ = T -1 1-1 1 +� =- — tn. T — :W 'a -► S'IT.VEN F. STI9 LEI. PATTI It. PAGE- DIANNE L. KENNEY (*ALSO ADMITTED IN N.Y.) STi TZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 February 22, 1994 Mr. Charles Hafter, Manager City of South Burlington Offices 575 Dorset Street South Burlington, Vermont 05403 Re: Larkin - Milot PRD Dear Chuck: OF COUNSEI, ARTHUR W. CERNOSIA ROBERT E. FLETCHE:R I have enclosed a Motion for Summary Judgment with supporting Memorandum and Stipulation of Facts which was recently filed in the above -referenced matter. By copy of this letter, I am providing copies to Joe Weith for his review. If the City wants to participate in this matter, it has until March 18, 1994 to file a response. We should review this with Joe Weith in the near future. Very truly you s, i Steven F. Stitzel SFS/mld Enclosure cc: Joseph Weith SON1351.cor #1980 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 28, 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 on the above referenced project which was approved on August 10, 1993. If you have any questions, please give me a call. Sincerely, Joe Weith/174 City Planner 1 Encl JW / mcp cc: Gerald Milot John Larkin ..�� • I . ♦ • • • . • ♦ • • • . . ♦ ♦ • ♦ r { • • I • • ♦ • • • . r I ♦ • ♦ . ♦ • ♦ r ! • I ! • I . I I 1 I I ! / I I I I ! ! r ! • / ! • ! I • I r • 1 • I / a Ilee Gt/ f Gt -�d rn q00 :ZU� /� 5U Ir- Pe, lo�4 4 le 14, evil cr (, -tr,-laf l✓C✓e /a oA!W-- 1Gi.,.( Pra �� y eeac Z Oevc (e- 'Gin ;l NLF-7B1�-_ S 2636'56' 40.04 • I m, N,1 UNDERWOOD 11 I� � . nr� S A�14 IBIS / �j ' / N/F CHILI ` ` W N/F GAGNON j , w / N/F" MERED17H ; VIP A7KINS ) �� (\23 O 5 - 10' UIK/ EAS�LENT 4s \. ( PINNACLE ORIDE) 'WET A' " --------...- - 61 - ( VALE DRIVE)`- , 4 ' y�72 71 1 - - ---- N 0674'5,, E N 67457 E 40.00' N/F ECCNAVOU FARMS INC 1526.11, N/F A7KlNSN S 61 U8'55' E 0.J5' a� •° •-tea.. DaMEAIED RE7L,W0 UW7S 10' UI1UTY EAS€ PENT (TYR) 2 tb Nlr HANSON N Ui N/F ISHAM w 0 N b N,r FARRE-1 ET AL NOTES I. OWNER / APPLICANT- LARKIN MILOT PARTNERSHIP 410 SHELBURNE ROAD BURLINGTON, VERMONT 2. ZONED: SOU7HEAST QUADRANT J TOTAL PARCEL AREA: 66.7 ACRES 4. PERIMETER PROPERTY LINE INFOIRMA77ON TAKEN FROM PLAN EN717LED ' NOWLANO PROPERTY lI - SUBDIVISION PLAN" BY FITZPATRICK - LLEWELL M INC. NUMBER D-J879 / D-J880, DATED MARCH 1991. S TOPOGRAPHIC AND E)OS7ING FEATURES INFORMA7ICN BY FI77PATR/CK-LLEWEILm 6. PROPERTY LINE INFORMA77ON FOR SWIFT ESTATES TAKEN FROM TAX MAPS PROVIDED BY 7HE CITY OF SOUTH BURLINGTON. 7. PROXCT DESCRIPTION: 7J SINGLE FAMILY L07S ON 66.7 ACRES ON 7HE EAST SIDE OF SPEAR S7REETIN SOUTH BURLINGTON, VERMONT. 7J22 (+/-) LINEAR FEET OF ROADWAY WI7H CURBS BOTH SIDES AND SIDEWALK ONE SIDE WITHIN A PROPOSED CITY R.O.W. c V E D MAY 2 U 1993 City of So. Burlington GRAPHIC SCALE ( OM FEET ) I Inge - 100 M 2 RENSED CLC-DE-SAC LOTS 1 41DJ RENSEO ROADWAY ANO SOVE LOTS 2M/W NQ RENSIOVS I DAZE PROGRESS PRINT 0 PRE AemRY DESIGN nvx DESIGN ACT 250 DITCXM RLOCW WDCA 7ES SIA 7VS OF MS ORAMWD IT 6 02IIY 7W USMIS 1C45LIMUTY Tn 04M" TTRS DRA U%0 MAC LAVV TW IAn-vr ICIFLtwlve NOWLAND TWO a«ITL+ x0ftAcmv 1TRIIONI 0 VERALL SITE PLAN IL ��pOWNozL�����n���Mnn .tlLY 1992 INCORPORATED BWD ww MUYo Oa.UAn „n 71,NMIIG "'.13 D - 4J82 WWSTON VERMONT Ji \ IBIS l / o S 61 JB'55" £ 0.35' N/F CHIU T ...... -26s656" W s 26s6'56' - ` ------ �- N/F CACNON s6' ' w / / N/F MEREDITH N/F ATKINS 40. \ UNDERWOOD - ••� 5f iA(f I r VE )l \ SIRE 5 A 49. .,PINNA0vE l0' URU EASE3l£NT IYP) 46 (PINNAOYE DRl GE J STREET --- -------- _ ------ -- - - _- .._ 52 53 ----- -- .54 --'----------•---•-.... DELN£A1ED W£TLWD UMlTS ---- 57 --- - 61 . ._....... `--RA' ( VALE' DRIVE --7_ -72 71 70 69 68 6 COMMON LAND � O N 067457" £ 40.00' N/F ECONOMOU FARMS INC. O ` 66 65 N' 6 74 5 1526. 11 x th+� N/F HANSOM N E NIt ISHAM g b N/F FARRELL ET. AL. perflA -1 1. OWNER / APPLICANT: LARKIN MILOT PARTNERSHIP 410 SHELBURNE ROAD BURUNGTaV, VERMONT 2. ZONED: SOUTHEAST QUADRANT .T TOTAL PARCEL AREA. 66.7 ACRES 4. PERIMETER PROPERTY LINE INFORMA77ON TAKEN FROM PLAN ENTITLED NOWLAND PROPERTY # - SUBDIV151ON PLAN" BY FITZPATRICK - LLEWELL M INC NUMBER D-3879 / D-3680, DATED MARCH 1991. 5 TO°OGRAPHIC AND E7USANG FEATURES INFORMAAON BY FITZPATRIOIC, 6. PROPERTY LINE INFORMA77ON FOR SWIFT ESTATES TAKEN FROM TAX MAPS PRONDED BY THE CITY OF SOUTH BURUNGTONM, Z PROXCT DESCRIPTION: 7J SINGLE FAMILY LOTS ON 66.7 ACRES ON THE EAST SIDE OF SPEAR STREFT IN SOUTH BURUNG70W, VERMONT. 7322 (+/-) LINEAR FEET OF ROADWAY WITH CURBS BOTH SIDES AND SIDEWALK ONE SIDE WITHIN A PROPOSED CITY R.O.W. C � Z� � MAY 2 G 1993 City of So. Burlingt GRAPHIC SCALE INFEV) 1 1-h - 100 tL 2 RMSED CIA -DC -SAC LOTS I RASED ROADWAY AND SOVE LOTS NQ REWWONS PROGRESS PRINT E PRaWNARY DE9pV FWAI DESM 04CCYCD BLOCK wOCATES STATUS Or MS ORAMWC rr a may 7w EaExs AegvNsmjyy to Dmw no DRAwx mv"'s NOWLAND T SOOTN BORLwcmv OVERALL SITE PLAN �OMMUROC K o LLEWELLYM INCORPORATED OW"G Aw gAwn,C mmhKEi WIWSTON VE MONT Paul A. Toomey 8 Whately Road South Burlington, VT 05403 April 18, 1995 Gerald C. Milot Milot Properties, Inc. PO Box 4193 Burlington, VT 05406 Dear Gerry, I have recently learned that you are proceeding on an alternative route for the sewer line through the Summit At Spear Housing Development. I had thought we were still negotiating this issue, but apparently that was not the case. When you and I last spoke on March 22nd, I mentioned the issue of the easement which is on the site plan as currently recorded with the City of South Burlington. The purpose of this letter is to remind you of that easement, and to request that when you proceed with the changes in your site plan for the alternative routing of the sewer line you also make the necessary changes with the City to correct the site plan by deleting the easement across my driveway, which I never granted to you our your housing partnership. Based upon the comments I have been hearing on the street recently, it appears that there is a great deal of anger and animosity on your part and John Larkin's part for the way this issue was resolved. I am sure there was probably some way this could have been handled which would have left friendships and business relationships intact. This is probably one of those examples in life which illustrates how communication, or a lack of it, is generally at the route of most misunderstandings. At any rate, good luck on your project. Sincerely, au 4Aoomey PAT/rs CC: Joe Weith, Planning Director © © m o U P R O P E R T I E S I N C March 20, 1995 Joe Weith City Planner 575 Dorset Street South Burlington, VT 05403 Re: Deerfield Dr. to Nowland Farm Rd. Dear Joe, Per your request, the attached is written confirmation that the southern entrance to Pinnacle At Spear, (Howland Two), currently named Deerfield Drive will be changed to Nowland Farm Road while the northern entrance, currently Nowland Drive, will revert to Pinnacle Drive since there will be no curb cuts on it. This was done to accomodate the Post Office. Sincerely, GerC C. NLlot P.O. Box 4193 Burlington, Vermont 0 5 4 0 6 Tel (802) 658-2000 Fax (802) 864-8172 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 7, 1995 Gerald Milot P.O. Box 4193 Burlington, Vermont 05406 Re: Nowland II Landscaping Bonds Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Per your request of 3/4/95, I have prorated the landscaping bonds for the first 51 lots at Nowland II. The required bonds are as follows: Street trees = $83,382 Lot trees = $50,210 I spoke to Dick Ward regarding the lot trees. The lot trees are your responsibility as the developer and the condition of approval required that you post a bond for lot trees. Should you require additional information, please let me know. Sincerely, i Y�J" k a Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls m o � I N C FAX TRANSMITTAL DATE: 3/4/95 SENT TO: Ray Belair REGARDING: Nowland II FAX NUMBER: 658 4748 FROM: Gerry Milot NUMBER OF PAGES [ including cover sheet ] l COMMENTS: Ray, Thanks for your help. I believe item # 4d has already been completed. We retinie:d the light to demonstrate to the planning commission that there would not be a problem with the traffic after retiming. Item 7-- We are completing the first phase including the first 51 lots. Please prorate the landscaping bond for this phase. The lot trees will be the responsibility of the lot purchaser. It doesn't make sense for us to bond this amount since we have no control after we have sold the lot. Perhaps a letter agreement from the purchaser as a condition of the building permit would suffice. They might even accept a cash bond since the exposure is very small on a single lot basis, Please discuss with Dick Ward and let me know. Thanks. N.U. a o a 4193 Rurhngrc,n, Vermom 0 i 4 (T G TC1 (R0'_) 658-_'000 Fii (802? 156 1.81 i 2 TOTAL P.u1 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 February 16, 1995 Gerald Milot P.O. Box 4193 Burlington, Vermont [110�1 1Z.1 Re: Nowland II Permit Requirements Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Dick Ward asked me to prepare an inventory of items which must be accomplished prior to the issuance of the first zoning permit in the Nowland II development. Enclosed is a copy of the conditions of approval for the development. I have highlighted the conditions which must be addressed. In addition to these conditions, you will be required to pay all impact fees required under the new impact fee ordinance and will be required to submit building elevations for all structures to assure compliance with the view protection overlay district. If you have any questions, please give me a call. si � ely, i Raym nd J. Zoning and RJB/mcp cc: Dick Ward Belair, Planning Assistant I 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 October 6, 1993 Michael J. Scollins, M.D. 214 Meadowood Drive South Burlington, Vermont 05403 Dear Dr. Scollins: 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. n e 1 , Jo Weith, City Planner PLANNER 658-7955 William A. Gilbert 1400 Spear Street South Burlington, Dear Mr. Gilbert: 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, please 1 Encl JW/mcp give me a call. S n el „ Jo Weith, City Planner PLANNER 658-7955 Mary Lawlor 1431 Spear Street South Burlington, Dear Ms. Lawlor: 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. in er y Jo Weith, City Planner 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1993 Samuel C. Palmisano, Esquire P.O. Box 552 Barre, Vermont 05641 Dear Mr. Palmisano: 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. nc r Ll �r Jo Weith, City Planner PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 October 6, 1993 ZONING ADMINISTRATOR 658-7958 Arthur & Mary Boyd 1520 Spear Street South Burlington, Vermont 05403 Dear Mr. & Mrs. Boyd: 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'nc r 1 , Jo Weith, City Planner 1 Encl JW/mcp PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 October 6, 1993 Marie Underwood 1589 Spear Street South Burlington, Vermont 05403 Dear Mrs. Underwood: 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 nc r ly l Jo Weith, City Planner PLANNER 658-7955 Alman Atkins 1460 Spear Street South Burlington, Dear Mr. Atkins: 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. i cer , Jo Weith, City Planner City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1993 Jen-Fu & Lucia Chiu 1560 Spear Street South Burlington, Vermont 05403 Dear Mr. & Mrs. Chiu: 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 n erely, 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 Ila M. Ilsham 1225 Dorset Street South Burlington, Vermont 05403 Dear Ms. Ilsham: 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. qJnerely, Weith; City Planner 1 Encl JW/mcp 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1993 Raymond & Norma Unsworth P.O. Box 4060 South Burlington, Vermont 05403 Dear Mr. & Mrs. Unsworth: 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,ln ere , J Weith, C ty Planner City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1993 Dean Economou Notch Brook Road Stowe, Vermont 05672 Dear Mr. Economou: 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 giveme a call. n erely, J e Weith, C ty Planner ,.. -\\ - - "'7. .. / / l / / GFpI[�T MRTIAD ,:• WA" LW Q7EN9C>It 1 +�%� RIM 1/•X,1• IAPPMG 4ErK MO N1L If _ _ -• / / >C III 5-M wv our",io Ry yP IN / FLARED na +' I w `ate / pvr�MT.Nl' - � :_ .- + 11 •• - err Ac MRMANT /1d NA M09M —AREv er Fir7PAIM0(- •, - � 1 ,� � � - LLIRCIlm row Lfrr nATN uaE L1ErAA � .e/ / p 106 .. MV ]3 `� A► � tAa,Aw, 'a � , 15a,( My oovff) on >� �� ►.. w t d,l / -� N/r COOPER i RRtio" R mwra4pEf'6- PAM / twl M'JA7.MO 1� MV OUr lMI. lO NA MEREDITH nAwvAN rowalE LLZNMc A]NI AND Rfmw gR SLCnW �� a, .nr'�� � � a• - �I U /';I - _ f.NSWG A• SEMI 9rRN(I MN 37D25 - _ .� P �� rR•I IX rLCI I _'Y'I JMR "a"" N K MVM OD �e \ / tO OAI WT ABANDOKD (APr`RLU' IOCA M1Nf UI S-A - \� ` ` I N VERE�TN MP -RAP AI L Jf)l p ICJ / MV M 56s30 MV 3"ROB \ ` `.. / //� � MV wr m5m ���`` \\ INN' fV fAg." IVNA bloc AfX `p fASCKNI PLAN-RAWUS PARLTL Rv \ 3T./1 J / -AYV JNM.50 7 �, ��a�\ R ` ACWALD R. WURIICR, L.S. AND 371i� \ nu(owNAnw rAxrD Rr OrwRr Atar + / i IF fASfIffN, - .• SAMTMr 4RfR SERNQ `+` ` / (AAMOK LOCAIIOVX�) It/ IV Inv Mv!6.A IFa 6 o / 1 / PRO•VSCD p SS / rnsnwc rwv 377 So 1 11AM AS 91O 10' rA9TA0Y1 FPI rooWc PRAM / IfRENON (N5IMG LIAVERI A/ , �/ CL71aRnOV SYSRM (T1P.J `\ d IDI / / a S2o / n Y MV 750 Of Far MY 371,0-AISN ' NA owu R Y / My 577. �� N/i AlIlMS NA BOYD / I PROPOS[b AI \ /1p / l / N,RMASf SEE DMA sJ/OD // / /� llr E] lA I A\F � NV Wr JQSIp � / / / / _ \ / �`, I ' _._) • / � - T / PIPOOlE35 PANT PRELMWMY DESIOV FINAL OiSILTV ACT S10 ROADWAY UNDFRORAINS NOT SHOWN FOR CLARITY. TAF.I r F. Nn SEE ROADWAY SECTION FOR LOCATIONS OF ENNOW MUTY MpVM SrA a a nP5 WOW _-- IT a soltJ.r TIE L,®Es REsaasm ro orsuer llAS oRAi11110 NaL.acs TIE uTEsr AEN9Lrii PROPOSED UNDERDRA/NS DISCHARGE UNDERDRAINS , INTO PROPOSED STORMWATER COLLECTION SYSTEM .. _ _ _.. _ _ _ - wAT DROP INLETS. F^VSHMGRDEC s— fIM9kD OVA(Y OdV7D1+R FINISHED FLOOR ELEVATIONS (FEE) REFER TO THE LOWEST -AT GRADE- RECEIVED PERKIER PROPERTY L� PROPOSED LOT FATE' FLOOR ELEVATION (TYPICALLY THE FIRST FLOOR ELEVARON). "- MOLT OF NAY BASEMENT FLOOR ELEVATIONS ARE ASSUMED TO BE NO LONER THAN PROPOSED SftARM N/ MAAPDX 9' BELOW THE FEE. FEE ELEVATIONS ARE SET TO INSURE ADEOUA TE SLOPE Smw SEW" +K ON SANITARY SEWER SERNCM FOOTINGVE DRAINS, AND DRIWAYS. Q JUL 2 1995 EJOSTMf —^� - Z /CAW VALW NWRMT DISCHARGE INDIVIDUAL HOUSE FOOTING DRAINS INTO FOOTING DRAIN - ® COLLECTION SYSTEM. DO NOT CONNECT FOOTING DRAMS INTO PROPOSED flN?II M/ MAMKr£ ROADWAY UNOERDRAINS M00RAS"rARY • PIN,IROSED MQMAENT u M ITEt!.W rAVIONT-RAINS PAN= ADD NOTE ]�jN�S City of So. Burlington • PROPOSED � y 5 WWW Mn�. GRAPHIC SCALE A E,X 5MNV RRRN ■AN LM Wr Oa AM aOW-OFF 0/13,w J REWSr pFALRNMAWAMAOE ALaW VFAIp RENt munUP$ AW LADIES E RROCAIr INTO sr SAN Srw*, ADD LE'rr RINN LAAC,` WW W SMWAI MKS, ADD A uMm 7/PRVY3 f AEM! 0W?Y WW RWR RELDCA Ir sAMrANY SFWPP- KVX IM M kM0 I A/•>W�+ ( a T I LRRe . AO PRINTL� n JUL 28 1995mod REwypvs HATE NOWLAND TWO Sa/M MIATLAMGiDN-- — yYRNWT SITE AND UTILITIES PLAN ��4�pQ4G°3UC�a o � W NIODRPORAIED otaewtR PLARiMR tRNas YIAWSTON N� Y MONT .92045 -- FLI m.w D - 43M S '. 27 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: 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 and 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: John Steele 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 been approved on this day of MOM04\ , , 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. 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 §90-110 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 Agency 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 witil 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 salcaria) 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. 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 r� Agenc if: Natural es urces by . �-- David Clough, P.E. Director, Water Quality vision Dated at Waterbury Ver ont this/I day of 41 1994. BGR \DL0-\es M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: October 25, 1994 agenda items Date: October 7, 1994 SOUTHLAND ENTERPRISES, INC. - SHELBURNE ROAD The proposed streets should be City streets maintained by the City. Police and Fire service will have to be provided so the City should be responsible for proper maintenance to provide this service. GREEN ACRES - HINESBURG ROAD Plans with latest revisions dated 10/3/94 prepared by Trudell Engineering are acceptable. SBC, INC. - WILLISTON ROAD 1. Plan should show lot dimensions, storm water system existing and proposed, water and sewer services. 2. Sidewalk must continue across relocated driveway and curb returns stop at sidewalk and not go through it. LECLAIR - CRAM PROPERTY - KIRBY ROAD 1. Plan should show contours through the subdivision including the drainageway. 2. Existing adjacent houses should also be shown. NOWLAND TWO - SPEAR STREET Landscape plan with revision dated 3/23/94 prepared by FitzPatrick- Llewellyn, Inc., is acceptable. M E M O R A N D U M To: Project Files From: Raymond J. Belairt ing and Planning Assistant Re: Preliminary Comments, October 25, 1994 agenda items Date: October 12, 1994 EUGENE LECLAIR - 2 LOT SUBDIVISION - SKETCH PLAN --- sketch plan submitted is acceptable. The final plat plan should comply with all the requirements of Section 202 of the subdivision regulations. The following additional information should also be shown: --- all existing structures on the property. --- existing and proposed driveways. --- limits of Conservation and Open Space District. LARKIN MILOT PARTNERSHIP - NOWLAND II REVISION - SKETCH PLAN --- sketch plan submitted is acceptable. BRAD RABINOWITZ - SITE REVISIONS - SITE PLAN --- the westerly most row of parking has 10 spaces, plan shows only 9 spaces. Plan should be revised to accurately depict proposed conditions. --- provide revised building coverage information due to increased building footprint. --- dumpster must be placed inside the enclosure. DOREMUS ASSOCIATES - SITE REVISIONS - SITE PLAN --- the site has 10 parking spaces along the central row of parking located between the building and Shelburne Road and the plan shows only eight spaces at this location. --- plan should show a screened dumpster storage area similar to the approved plan. --- plan should show locations of all exterior lighting fixtures. --- the $750 worth of landscaping required as part of the 8/11/92 approval was never planted. --- the westerly most parking space on the site along the northerly boundary is too narrow to meet the nine ( 9 ) foot width requirement. Plan should not indicate that this is a parking space and the note indicating 62 spaces should be revised to indicate 61 spaces. 1 M N urlington N ire Department 575 19nrset *treet 1 �1 #nuth Nurlington. lRermnnt 05403 . FAX: (802) 658-4748 (802)658-7960 TO: South Burlington Planning Commission FROM: Wallace Possich, Fire Chief UR DATE: October 5, 1994 RE: Plans Review for October 25, 1994 Meeting I have reviewed the following plans and my comments are attached: 1. Sherwin Williams P1azd Project No. 94803 370 Shelburne Rd. Dated 9-30-94 Acceptable 2. Nowland Two Project No. 92045 Dated 9-30-94 Acceptable 3. Brown Animal Hospital Calkins Ct. Dated 9-30-94 Acceptable 4. Former Arbie's Restaurant Project No. 7167 Williston Rd. Dated 9-28-94 Site.Plan Acceptable; however the building will not accommcldate an occupancy load of 150. For assembly areas with tables and chairs code requirements would allow for 15 sq. ft..per.person. After deducting bar space, storage, restrooms, etc. the occupancy load will ;be well below 100. Labor & Industry can advise after review of building plans. 5. 110 Kirby Rd. Dated 9-26-94 Acceptable 6. Green Acres Industrial Park Projrct No. 86091-56 Hinesburg Rd. - Acceptable Dated 10-4-94 7. Southland Project No. 92085 Shelburne Rd. Dated 4-19-93 Two additional hydrants are recommended to be located at west ends of buildings 'A' and 'C' (at corners), especially if these 0 ldilig are to bF sprinklered. Also Fire Lanes will be requited. tt erwi e accepta e. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 21, 1994 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Revise Landscape Plan, Nowland 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. 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, October 25, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, G� /),Wo Joe WeithjT9 City Planner JW/mcp Encls cc: Larkin-Milot Partnership lI F`-%NT I STREET TREES - 15FRCMI FACE OF CURB \ J/ r, L 10' PLANTING ,1r SITFUP —^ PLANTING LIST ` \ \`` z • TREE 8ELECTION6 FOR STREET TREES AND COI.1'1CN AREAS REC0MOD DED TREE SELECTIONS L 4ND8CAPMG NOTES - GETIERAL CONDITIONS MY a" Sc irFIC NAf Ca Im IIII TM � RwtARcs' FOR REOWRED TWO TREES PER LOT re.cua, Ise4 .r Ro..NH BvlNnglon Zoning o.aln.,r.) L ALL PLANTS TO DE FREE OF DISEASE NFEsrdnObe OR DAMAGE. AND L' .\- AC S& A ury>wlV. AT W A, 6 uw,I, I Wpg. ILPW T—IM M. I. P 7DJ' 2D-!' 015 045 26-35' 0-20' (fly' 7' Gllpw) & I!-2D' (LOT I. ], JO-2!, 42-60, bT-1!) SUBJECT TO APPROVAL OF LANDSCAPE AW-WITRCT. 2. PALLED OR WSATIMACTORT P.A(4T0 TO BE REPLACED AT NO C06T TO TK OWER -�\- AR .I A- nbrul. N xU.-d Wa.Vrooa R M.pN 2S-1' 045 30.40' M gHu4 A"'.''Lpr Aur uurltun T.144n rVpr !. ALL PLANTING TO BE PERFOFCED P.RMb SPRING NO FALL RANTING 6EASON6 OR WTH APPROVAL CT O"R OR LAN 6CAPE NYJNTECT. J c \- ..1. ! Arn,Rr g4br. CHo Duc44y. 7-05' BNB 30_40' M- IIOr� -, /III I,rwR AFp.— F G� �n I \S J CP 43 G.l.ogul ~.PI'- wog- wW r 2- DID N-20' P •. KIROERYMWOPW.EN 6TAND 6ARD� �TEu"WAL INSTALLATION AAN ND / C 2b-38' (LOT f 3, 4, I6-1% 24-41, H-66) MANTEHANcc / - S KP ! I otxi V 14 p.nll l- COI— RAM Tr.. 2-7f' DID A-30' A,- uep.•v. H,wg. M.pl. &. CCNTRACTOS TO PROVIDE ADEGAATE WATERN TO MAWAM HEALTH P J / 33''L6ORtHSOr BICYCLE PATH / % F T'F 6 /Llu/ fbrlGM. OV !p Orvy. vtrgR4s,u Fla.Nr' G.b g 4 WpYnrrO./. ID-2' 2f-!' 010 D0 5-15' 30-4D' --I. Io�NUI C.I. W161 Kuv INI�IA r . Go a.n R/M Tr . Pr^ PLANTS TrfR'a1GHOUT Tla GFADu•iG SEASON A:PO M falAIRANTElD. 6. ALL RANTS TO BE MAINTAINED K AN ACCEPrdDLE ONA:LT AND GTI GUARANTEED FOR E FULL TEAL! ' 49 0 I �.AT- ,,,-PLANT TREE LINE 10' FROM BTREET CURB BETWEEN PINNACLE `4 END OF CUL-DE-SAC �_1-6e. (`467 IN e� 04 O�►F+� i1 irk earw PM. 5-6' ere 30_40 3D-46' (LOT • D-B) // PT 42 F V- uT.b.• II J. D.- PM. 6-6 01 25- T. TREE AND BETA LS F RING OCTAVO ARE NG RERAREM REFER TO \` g D �. ArI.N:,4r glob. GNo D.w,r NDIVIDWiL DETAILS FOR SPECPIF. PLANTING RCpNIREMENTO. GrpI,RN. urelMl.n. A.,.Iun rbrno.l. _ l OL N W IIF up.e Go.l ull- 0.6' BR 5-20' Onytl�arul A,borM SGur d PN.ucd. a on .w.w A,Fr C u - TREE AND SHRUB PLANTING ON 20 6.11E MOW N.— all- ID-7' DID 40-45' Pv- Iry.n. LlNyrriur Cl.prls/. P.v /I Try Tn../>- • N�r,t T:G.rL A.wr� A-'Wn Vet... +• i t "+ L: 2`4 I. RANT 6PACFG AND LOCATION TO BE AS 5r0, OR DRAIU.GO APO • Appo I NOId1— rNwry coy .e11. wl W..lu SUBJECT TO APPROVAL OF LANDSCAPE AICNITECi / . Il.ilg.ov1). .,Ga,w< In. .urn.. rwlgra. 7. ALL TA ZED 6-Be TO BE BALLED W A CObOn Ne OR / CONTAffRERTI AHD SET dT OAr:E DEPTH b DR01N M F1A16ERY. / DACCIRDI FERTILIZE ICAN WATER PRIME AND &TAK! TREED R E Ep� p0� ACCORDING f0 E AT LEA AR2 &PIE1$ P NYND RTT'IEN b DEEPRDS ER R ! E ® RANT OTT TO OC AT LEAST G 6tC11E0 �L.DER AND 0 OKKO DEEPER � 1Y�a(OEY/■J TNdN ROOT BALL. • �.T .. tl\!d 3. FERTILIZER FOR TREES, A SH TO DE CIi.VLLAR 10-b-b AND APPLIED ACCORDINII TO MNNIPIGTI.RERD OPECPICATION6. A. RANT& TO DE I%A ORLLEO WTN A MIX OF ONE PART PEAT OR WADS, ?1/ -PLANT TREE LINE b' FROM STREET CURB / G1/ / S" �" \ - 014LlT REMAINDER OF DACXFI L MIX TO eE 11110 INTO A 114. C� ���,,,.f/({{{ / AND TWO PARTS 601L E =TE� FRO1 TK PIT F IT 16 OF GOOD / (V / Qr (y - ;) € INCH HIGw DAUCER-LACE RIDGE AROND OUTSIDE P PIT TO (/7- C) L L- F..LCILITATE WATERING AND CONTAIN SEAWNED WOOD C Plb OR MAW WIMMAD TO A MMIMPI DEPTH P TWO NPNE&. TOP801LMG C / , / f/�' \\� -� / I t- O `//�/ '� • ty Of S �/ . B u r i i n g i u n 1 N SODDED AREA& / RCHEL OM DEEDED LAYN TREAD TO BE 6 NC.I O. 4 7. TOPSOIL TO DE 4 WPOR'I OANDT LOAM FREE PROM HEdVT' CLAY �-=r-6UDOOL. STONES, ROOTS, WEEDS 'AND INDE6IRABLE GEED. TOPSOIL ' • TO NAVE AN ACIDITY RANGE P taw 6 TO 6f AND NOT LE66 TI.AN 6 Plh?J•4(-L---- _--_ - TO 7ORGANIC MATTER 0}TREe E DC RaEDTED DT E THLANDSCAPE ARHITECT OR ENGINEER 3. LIE TO BE ADDED AT TIE RATE, P I" LBO. PER 10" en FT. (2 TONS PER ACRE) WLEee &OIL TEST FvDICATED OTNEFWIISE. t 6TA ARO FERTILIZER (10.20.20) TO BE APPLIED AT THE RATE P T /� rI= N 1�.J I r O O �- LBO. CPR IRTO E FT. DIN LD& PER ACRCI. METE AND U-1 wl I O 14 13 /? ' 11 O I \ b-� FERrL1EER TO DE RACED INTO itNE SOIL TO 4 MNIIYlT DEPTH P JJ Tuo Nc.ee. 1 f ! O r �L' 15 0 lD)wMG ceTREE SEEO L REED MIXTURE TO BE AS FO�LOWb. \ ' NCIR KENTIX 66 4 RATE 40 KENTUCKG BLUE E6CJE 4 LBO. PER ILRDiD P. ?3 G 20% CREEPRG RED :EOCJE rll5 LBO. PER dLFE) ?4 ?5 _ 7oa PEREN4IAL RTEGRAe6 ?E7 17 ?NB 31 \\ 2. DEEDED ANEA5 TO DE PLAKMD RRLM 4.6 TO 6.11b, b5 TO 1.10 1 ?9 ® OR WTH APPROVAL P OUNER OR LANDSCAPE ARCHITECT. !. ALL K'4LY SEEDED ARb ETO DC MACIEIMMEDIATELY EDIATELY AFTER OECDINII WIT1N A V4 NCH LAYCR GP REED-RQE STRAW SPREAD �J p1 WPORTLT AT A RATE 6 TO TO t00 LB6. PER 1000 DO. Ft. (7 PER ALREA fPRE•1DING DT I$CHANICAL 6PREADDG DEVICES, MAY Be USED P APPROVED BY TIE LANDSCAPE ARG4ITECT. 6EEDED AFT PINNACLE DRIVE 2¢ I E STRAND O GA. GALVANIZED W(E AREAS TO BE ROLLED ER M1LC416 APPLIED. ( • _ _- -- - - 1 p' I' (!17')[!' HAIr9ROOD OtAKFD USED ET4&FIED ASF APPLIED MAY T USED AS A MULC.+ BINDER 2" USED, IT &MR BE APPLIED AT THE RATE Q 00GALLPNS TO CI. �� WALLOW PER H 6 SPREAD A6 DIRECTED DY THE OTWER Ll. AR;HITECT. ! II 1 C� �� 1 33 I ` V2 RUBBER HO&E DDENCFe VI 6W ED A6-IL 6BY HABLL B5E IRNIIEECTOETD INTO Tr AN H t L\TJ/�)AT T '--TREE WRAP OFL OVE RAT AS II t LE AS TS, 15L DE APPL ED U6 R TK 6 METHODS AND RATES REC 1-ME IDED DT THE MANFACT)Fd:R __ +i�V I 3.. Sduf,ER-. i-7'/MItU MULCH JUTE NETTING OR 6MILAR MATTWbN� TO BE USED TO ANCHOR OTRAL k VIE FLLCH ON SLOPE GREATER TWAIN 1:3. DRAINAGE SWtLE&. OR AREAS, D �E PROTEC71 ONE _ _ - � L i INTHOur A TLLCH BINDER' W-ERC Y V OR WATER MAT ERODE KILLY F PLACED SEED AFO MLCH KT-IING TO BE SECURELY NX )WO 10 K O TGI 40 AL-ORDI G TO MNaFAC11,0RER•O RECPFIENDATN" CP601L nlXTu RE r6EE Notee) LIGHTMG W► etFgfT LGHTNG PROVIDED eY awlE MOWTAN Pa.ER c 416 1� yNPEEL BACK OFLAP Mrs" t 1 3 M N ������-- ARM AND CUT OM ROAPYAGLUiMAI1RE W TH ISO WATT WI I4 PRE"WO I I ' 6" GO'1PAGTED TOPSOIL OODMt LArT. -� o b- - , DCLINEATED WETLAND LIMITS \\ P 56� T_ - — 5? gT C� 54 55 57 1 C� \' ` 501LE BUFFERT LNvD BUFFER DR;VE - — 602 / 1 /' V (�73) l' t 71 70 1 (6.3 6491 ; 67 1 r �1i 1 4—AR O f14 19 / C's)� 17 r 45 �f Cc4 i 43 0 COt-T')ON LAND �D C6� If OOI`MON LAID � G i DECIDUOUS TREE PLANTING DETAIL_ If'IRDGRESS F'RMT PRELR•tPIART' pESK,TI FNall. DESIGN ATNCT 2DO I 0 GRAPHIC SCALP: ( INFEET) -- --- I Inch - 100 1L 6 WETLAI-Iv EIAFfE.K FEr•+GE 1� '(I[GE_ YLdNTl1.iG 1'l..N-i L (NlD �<jlDylO'F . j/2: 5 REVISE ENTRANCES, AND BIKE PATH AT SOUTHERN ENTRANCE. ADD 50 BUFFER 6015: 4 REVISED PLANT LIST A LANDSCAPE PLAN — --- 1/21,, 3 REVISED LOT LAYOUT 4 LANDSCAPE PLAN 4N 53 2 C0SPORIED TREE SPECIES TO DORSET PARK VPZ LIMIT 245, 1 NO. RE VI5ED ROADWAY AND SOME LOTS -- REVISIONS 12125 DAT CHECKED BLOCK ONDICATE6 6TATU6 P t1416 DFAUIrG IT 5 SOLBY TM U61" Ia6POI404LITY TO BVEIA TH! DRAII&46 61CLDES TIe LATEST 0EV1SicAL 1iTO WLANrD T WOJ OVTw DJRLRGTON -- VEFTTO LANDSCAPE E LIGHTING PLAN ---.DRAG_ a . UTILITIES PL ____NOTE --- No : THI DR.WAFYs b NOT To DE uOED FOR COMTRUCrION REFER TO WE F L� � �/A/ IS L� � tl UU I NOVA 1992 PRIM •r RK.OF'fYIRATED D - 4501 Dr.NeENIro a,! R.vwnrt: /cRlK6. � -.�_ WILLI5TON VEF41ONT 21 Ro 21 10/25/94 MOTION OF APPROVAL LARKIN-MILOT PARTNERSHIP I move the South Burlington Planning Commission approve the revised final plat application of Larkin-Milot Partnership to amend an approved 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. The amendment consists of revising the landscape plan to include cedar trees and a four (4) foot high wooden rail fence along the 50 foot wetland buffer line behind lots #33-45, as depicted on a plan entitled "Nowland Two, South Burlington, Vermont, Landscape & Lighting Plan" prepared by Fitzpatrick -Llewellyn, Inc. dated Nov, 1992 with a last revision date of 3/22/94, subject to the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording. -A,- 1981 _ _..dist of the balance of -�Qi1L wAy-_has been secured,--or_street G- veen secured._ ^ecorded in a previous Nowland subdivision to reserve feet for -a possible future street shall be replaced with a new agreement indicating a 60 foot rht of way and 20 foot reservation at a revised location and removing restrictions on previously reserved land now owned Nowland and the University of Vermont. The new 20 foot wide reservation - of land shall be marked on the plan to be recorded. 4. Bonding for all required Public im4provements - including sewer -and water mains, drainage facilities, roads, and i necessary removal of street _G and construction of a permanent cul—de-sac at -the southerly end of street A�- shall be provided prior to issuance of the first building permit. 5. A landscaping bond of $41,000 shall be Provided prior to issuance of the first building permit. The —bond--shall include _$12,750 for _public -street plantings, 3300 per multi -family _unit, and the balance to be distributed around the retention ponds or added to the multi -family area as approved by the City Planner. 6. If the balance of the Nowland property to the _north is sold to the adjoining City and Stonehedj�e �ropert� owners, then_ the 60 foot conditional easement shall be removed and replaced by a 20 foot pedestrian easement. 7. Several additional sewer and facilities shall be provided to the city as re easements over prop aired by the city e 8. All construction procedures_ shall _come with the requirements --of Cit�r Engineer William_Szymanski's memo dated July 9 1981. 9. Building envelopes for all lots shall be as indicated _onthe final lat. Front yards for all R1 lots shall be a minimum of.30'. 10. One additional multi -family garage shall be added to bring the total to 79, or 1 per unit._ It is suggested_ that several garages�be relocated to correspond with the relocated dwelling units. 11. All survey data for internal lots and roads and all required legal - documents shall be submitted to_an-d approved-by__the_city prior to issuance_ of the first builds_ ermit.' 12. The balance of the Nowland property near the northeast corner -of the development shall not constitute a separate building lot. Development or further subdivision of thl's -land s-ha11 re uire_ a_ royal by__ the Plann Commission. 13. The final_ylat, incorporating all chanffes_required from stipulations 7, 9, 10, and -11, shall Ve recorded_ within 90 days. 14. This approval expires 3 years from -this date. 15. The scenic overlook shall be as indicated on the final plat. PLANNING COMMISSION 31 May 1988 page 7 Mrs. Hurd moved the Plannin Comrithe°VillarevattDorset1Parkfinal lat of Southsett Partnershi f• consistin of 108 multi-faua12s21acre 27 l0tlfor the nexist in sin le-famil lots on 40 acres farmhouse and 68 acre- deedepar11 k�tdatedt5 10 88 lreeared b Fitz - entitled "Villa a at Dorset atrick-Llewell n with the followin stipulations: he ti- 1, An $85 000 landsca in bbearevll ised°Sriorfto or termmtlto famil units. The Tans shall relfect this amount. 2. A $197 000 landscaping.bond shall be osted prior to ermit for the street trees. J. A $9800 landsca in bond shall be Thisebuffer shallebelrevised the buffer in the northwest c• prior to permit to show larger trees. 600 d sewer allocation is ranted and the $2.50 per 4. An 81 gallon fee shall be paid prior to permit. 5. A bond for streets side walktermined band water theCitshEnlineerbe �sted rior to ermit in an amount de rs term Le al documents and covenants easemenrsnorsrieet hts�ofewa oshall be ications deeds and an other Le a submitted to -the Cit Attorne foementronathelwooded0areasadjacent documents to restrict the infrin to the park land shall be servinpaclij asdenforcer offor the tthistcovenant. No a roval with the Cant no digging shall occur in a 20 foot deep trees shall be cut area alongthe wester pr area anal restrictiondshalllbel,�on . -The plans shall show -this the recorded plans. eyard 7. Sin le famil units will tbacks andminimum feetfintthedrear. set- Mul- backs 20 foot front Yard, se ti le-famil dwellin s will have a 20 foot setback minimum from the front and back property lines. 8. All street names shall be submitted to the Citv Planner for a royal within 90 days. nt he �Dlaceme 9. An en sneer shall su ervise tes includin atasknd in ltheon of the fill for new streets and utilities to tth cessar compaction tests:°nTencludinitslacemenshall beandreomdaation e Cit and all constructs fill will b1 erformed in conformance with State hi hwa con- struction specifications. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 7, 1994 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Revise Landscape Plan, Nowland II Dear Mr. Steele: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the October 25, 1994 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days. If you have any questions, please give me a call. in erel , Li.-V4 Joe Weith, Cit' Planner JW/mcp 1 Encl cc: Larkin - Milot Partnership PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 VIA FACSIMILE AND MAIL December 7, 1994 Matthew T. Daly, Esquire Doremus Associates 112 Lake Street Burlington, Vermont 05401 Re: Pinnacle at Spear - Paul Toomey Dear Mr. Daly: ZONING ADMINISTRATOR 658-7958 This is in response to your letter of December 5, 1994 regarding whether or not there is a utility easement over Paul Toomey's property at 8 Whately Road. I reviewed the so-called "Nowland Property" subdivision plat approved by the Planning Commission on 8/11/81, recorded in Volume 173, pages 83-84, which shows the Toomey property (lot #30) as approved by the Planning Commission. Although this plat does show various utility easements through out the subdivision, there are no easements shown over lot #30. Should you require further information, please let me know. Sincerely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp PETER M. DOREMUS STEVEN,J. KAmroid MARK A. CROON- MATTIIENV T. DALY *Ai.so AI)MITTEI) iN CA DOREMUS ASSOCIATES ATTORNEYS AND COUNSELLORS AT LAW wxrj.,RFRON'r PLACE ONE TWELVE? CAKE s,ri ir:r 131 IRLINGTON, VT 05401 (802) 863-9603 (FAX) 658-5686 VIA FACSIMILE AND MAIL December 5, 1994 Mr. Raymond Belair Assistant Planner City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Pinnacle at Spear - Paul Toomey Dear Ray: LEGAL ASSISTANT MARYA. AU7TENLOCK As we discussed last Friday, this office represents Paul Toomey who lives at 8 Whatley Road in South Burlington. Gerry Milot's attorneys have notified us that Mr. Milot has an easement over Mr. Toomey's property; we disagree. You informed me Friday that despite Mr. Milot's representation to the Planning Commission and what appears on a site plan he submitted for his new development, no such easement exists. Kindly confirm this understanding and what we discussed last Friday in a letter to me at your earliest convenience. I would appreciate a prompt response to this request as this issue is becoming somewhat of a concern to my client, Mr. Toomey. Thank you. Very truly yours, Matthew T. Daly MTD/da City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 8, 1994 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Revise Landscape Plan, Nowland II Dear Mr. Steele: 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 October 25, 1994. Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days. If you have any questions, please give me a call. Serely, J Joe eith, Cit Planner JW/mcp 1 Encl cc: Larkin - Milot Partnership GENDODONTICS `Victor `L.`IZatkus,99DS,`P.C. Diplomate American Board of Endodonk, December 20, 1994 Stephen R. Crampton, Esquire Gravel and Shea PO Box 369 Burlington, VT 05401 RE: Stormwater Drainage Pipe Easement Dear Steve: I have your letter of December 2, 1994 with the proposed Deed. I find it unusual that someone would install a culvert on my property without my written permission. My brother-in-law, Joe O'Rourke, tells me that anything to do with land has to be in writing and it is rather inconceivable to me that there is a drainage pipe on my property without any written documents executed by my wife or myself. You know of the problems that South Burlington have caused to Anne and I over our ownership of this land. We purchased what we thought was an excellent piece of land to build a home for ourselves and our children. The City of South Burlington through Mr. Stitzel and his group have continually made it impossible for us to build a home on the property that is not covered with restrictions that Mr. Stitzel and his people feel will best benefit the community at large. Apparently they now feel they can go ahead and put a culvert through our property. Please understand that we are demanding that the culvert be immediately removed. If it is not removed, we would intend to take immediate action to require its removal. I don't expect the City of South Burlington would be in any way interested to the removal of each and every restriction that ti1Gy have placed or-, our laird in return for our negot-Latiig a �� suitable agreement regarding the installation of the offending pipe. If they were, we might consider working out some kind of arrangement. It would have to be on our terms and not their terms. At this point, we want the pipe removed promptly. I trust you will notify the parties involved as to our intentions and let me know within the next seven days as to the intentions of whomever installed the pipe! Yours truly, Victor L. Ratkus 227 Colchester Avenue 9 Burlington, Vermont 05401 . (802) 864-0461 ® a 0 M 0 1' It 0 1' 1; It T I L N 1 N C FAX TRANSMITTAL DATE: 2/15/95 SENT TO: Dick Ward REGARDING: Building permits at Spear St. ( The Pinnacle) FAX NUNMER: 658-4748 FROM: Gerry Milot NUMBED OF PAGES [ including cover sheet I I COMMENTS: In the past Ray Belair would prepare an inventory of items necessary to accomplish prior to obtaining a building permit. Would you please ask Ray to prepare that list for our Spear St. project. We are well underway with the roads. Our engineer on the project is Ron Gauthier at Hamlin Eng.. If Bill Symanski could contact them to determine the amount of the bond it would help us. Thanks. FLORIDA TEL. 305 7214222 FLOkEDA FAX 305 783-9694 P.U. Ra. 4191 Burhogtuu, V, rm,,nr 0 S ; 0 G Tel (802) 65R-2000 FAX (Roo) 864-8172 TOT H- L P . 02 EXIS77MG MH RIM 343.71 PROPOSED MH S-13 INV 335.48 RIM 345.10 INV IN 336.66 I I INV OUT 336.56 I I i 1 EXISTING FLOWER BED PROPOSED MH RIM 349.50 (APPROX.) INV /N 341.25 INV OUT 341.15 ♦♦ ♦ - EMS RNG NGUSF % mlk � i i Z I I = I 1 I ----------------------- ----------------- PROPOSED MH S-11 RIM 354.50 INV /N 342.59 INV. OUT 342.40 GRONA 7E DRA1i EXISTING MH RIM 346.29 - INV 337.70\ � I I I I uA1 I �\\ ' MH S-9 (AS BUILT) UNABLE TO DETERMINE ~♦♦� \� INVERT ELEVATONS ---- �T i USE DESIGN ELEVATIONS I ------I----------- m ♦♦ ♦♦ I I I /I I A IT ( I ♦ ASSUMED LOCAITON ♦`� EXISTING WATER MAIN ,♦\ `�\ f MH S-9 (AS PROPOSED) V ; I 4 i { itiRIM 34J.00 v S II \Y T"w \4-- �✓ { INV IN 338.60 EXIST. Of ' INV OUT 336.50 it r EXISTING 8" SANITARY SEWER I I MAY BE REMOVED OR LEFT INTACT A I I I / I I `vim �e I � f I � I EXIST DI CONCRETE COVER NO INVERTS SHOT 8S A 2 EXIST. DI RIM 351.56 INV IN 348.29 INV OUT 348.42 v A'! 11 rr i 1 A ; rt IA it n �I I A L /I ( A k A / A it I A I A l I i rIA IY I �� PROPOSED MH S-10 RIM J53.00 INV IN 344. 11 A i 1 INV OUT J43.90 CAP EXISTING OUTLET _iI PIPE TO MH S - 9 7 I .W --__ s 1_ --_____-- — _— ------_----Iz w-- 1 --`-- ----All ------------- _ ----- - _zi` _3w- ASSUMED LOCA77ON EXIS77NG WATER MAIN MH S-9 (AS PROPOSED) -- MH S-8 (AS BUILT) RIM 353.75 CL INV 345.01 4 I \ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APR 2 0 1995 City of So. Burlington THESE DRABWGS (SANITARY SEWER EXTENSION SHEETS I & 212) ARE INTENDED AS AN AMMENDMENT TO THE PRENOJS DESIGN DRANWGS FOR THE Ni TWO .SUBOMSION. ALI DETAILS AND INFORMATION NOT SUPERSEDED BY THESE DRAN/NGS SHALL BE USED TO COMPLETE THIS CONSTRUCTION. -- GRAPHIC SCALE ,m ru.T) 1 Inch - 1. (L PROGRESS PRINT PREIIAl/NARY DE9GiN fNAI DE!- ACT _ _ ---.— CNEGRED MOCK INdCA7E5 STANS OF WS DRA"WNG ---.. IT IS $May 71E UWn MW01iiii R7 VOW 1MS AV AMMN NaMIN .11E LAIMT MEW7V N_ OWLAND TWC� SGUTH am0i'arm— _ W*Ovr SANITARY SEWER EXTENSIO L�UNCK— E WM A R11995 INCORPORATED FILL APR 20 Ems= •� c .^r„ i D — 5048 "LUSTON VERMONT 1 ';: 2 Cl-,ASSIFIED Toll F LEGAL NOTICES I I LEGAL NOTICES 1 LEGAL NOTICES 1 LEGAL NOTICES LEGAL NOTICES I ADVERTISMENT FOR BIDS Winooski Housing Authority a3 Barlow Street Winooski, VT 05404 Separate sealed BIDS will be received for removal, disposal and replacement of existing wall and base cabinets, countertops and kitchen sinks at Winooski Housing Authority's 75 unit family housing project ,or on two sites (87 Elm Street & 181 Franklin Street, Winooski). Bids will be received by the Owner at their offices at 83 Barlow Street in Winooski, Vermont until 10:00 A.M. (local time), Friday May 19, 1995. Bids will be publicly opened and read aloud. Bids may not be modified, with- drawn or canceled for 30 days. The Owner reserves the right to reject any or all bids and the right to waive any informallties in the bid submissions. Copies of the CONTRACT DOCUMENTS may be ob- tained at the Winooski Housing Authority office at 83 Barow Street, Wi- nooski, Vermont. ANNUAL REPORT OF PRIVATE FOUNDATION The annual return and ap- proved app0cation for recognition of tax exemp- tion of The Charlie Bur - chard Memorial Trust is available at the address below for inspection by any citizen who so re- quests within 180 days of the date of this publica- tion. Daniel L. Burchard, Esq., McCormick, Fitzpatrick & Mertz, P.C., 40 George St., Burlington, VT 05401 May .6 7, 1995 Each bid is to be 8CcOm- ponied by a Bid Security of 5% of the bid amount in the form of a Bid Bond or certified check made payable to the owner. The successful BIDDER will be required to provide a Payment and Perfor- mance Bond for the full contract amount or a Let- ter of Credit for 25% of the contract amount. A pre -bid meeting will be held at the Elm Street Apartments Community Buikfinngg.� 87 Elm Street, WinooskI, Vermont at 3:00 p.m. on Friday, May 12. 1995. WHA staff wll be available for questions and clarifications. All pro- pective BIDDERS are urged to attend. Site visits can be arranged by con- tacting Steve Cross, WHA Maintenance Superinten- dent at 802-655-2360. COMPUTER PROGRAMMER Bid/Proposal Due: May 19, 1995 Special Notes: The De- partment of Aging and Disabilities seeks to mod- ity an automated Individu- al Rehabilitation Program. This program is currently used by vocational reha- bilitation counselors. The Project requires convert- ing an existing Program within Clarion into an ODBC programming lan- guage such as Access or Foxbase to be based in a Windows format. The Department esti- mates the cost of this project to be $5,000.00 to $10,000.00. For a copy of a descrip- tion of the project and bidding procedures, please contact Loreen Guyette or Elaine (sham at (802) 241-2210. For questions spedfk to the project, contact Mike Gokfberg at (802) 885 9133. Edward Wiilenbecker Executive Director Winooski Housing Author- ity May 5, 6, & 7, 1995 aloud at Lothrop Elemen- tary School. Bid Documents may be obtained for the sum of $50.00 from: Reprogra- phics South, 191 Colum- bian Avenue, Rutland, VT 05701, 1-800-639-7054. A refund of $25.00 will be issued upon the return of plans in satisfactory con- dition by June 16, 1995. A viewing set is on display at Works in Progress, 4049 Williston Road, Suite#6, South Buriinngg- ton, Vermont, 05403, (802)862-4926. May 2, 3, 4, 5, 6, 7 1995 INVITATION TO BID Sealed bids for FURNISH- ING AND APPLYING MIXED PAVING MATERI- ALS TO RESURFACE CERTAIN STREETS OR ROADS will be received at the Richmond Town Cen- ter, Town Administrator's Office, P.O. Box 285, Richmond, VT 05477 until 1:00 p.m. Friday, May 19, 1995. Specifications for Bid- der's and Bid Forms may be obtained without charge at the Richmond Town Clerk's Office, Town Center Burikiing, Bridge Street. The Town of Richmond reserves the right to waive any infor- maiities in, or reject all bids, or to accept any bid deemed to be in the best interest of the Town. May 6 & 7, 1995 PUBLIC NBARING SOUTH BURLINGTON PLANNING COMMISSION May 5 & 6, 1995. INVITATION TO BID Heating iti Ventilating system improvements Lothrop Elementary Pittsford, Vermont Contractors are Invited to bid on the heating, venti- lating, control system, mechanical & electrical renovations to the Loth- rop Elementary School in Pittsford, Vermont. There will be a site walk-through on Wednesday, May 10, 1995 at 3:30 P.M. Sealed bids accompanied by Proper Bid Security will be received by the Lothrop Elementaryy School, RR 2 Box 2025, Pittsford, Vermont 05763, until 6:00 P.M., on Tues- day, May 23, 1995. At that time all bids will be opened and publicly read Continued Next Column portion of the proposed sewer line for the devel- opment. Copies of the applications are available for public inspsection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission May 6, 1995 SOUTH BURUNGTON ZONING NOTICE In accordance with the South Burlington Zoning Reeggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold public hearing at the South Burlington pMunici- RaI Offices, Conference Floom, 575 Dorsett Street, South Burlington, Ver- mont on Monday, May 22, 1995 at 7:OOPM to consid- er the following: 1 # A al of New En- gland Telephone, Annette Anson, agent seeking ap- proval from Section 17.20 Conditional uses, Sub- section 17.201 Public utili- ty distribution lines of the South Burlington Zoning Regulations. Request is for permission to con- struct 12' X 18' structure housing tele-cornmunica- tion equipment on land of the Burlington Internation- al Airport, located wester- ly of 1i50 Williston Road. 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 Tuesdayy, May 23, 1995 at 7:30 P.M. to consider the following: 1) Preliminary Plat appli- cation of Mary and Terrtryy Shepard to subdivide 1.47 acres of land containing a single-family home into three (3) lots of 291856 square feet, 17,867 square feet and 16,492 square feet, 131 Patchett Road. 2) Final Piat application of L&M Partnership to amend an approved planned residential devel- ooppmmeeM consisting of 73 single-family lots located on the east side of Spear Street. The amendment consists of rekocatinG a Continued Next Column 2# Appeal of Lionel Sl- cotte, Flobert Perry agent seeking a variance from Section 25.00 Area, densi- ty and dimensional re- Wirements of the South Burlington Zoning regula- tions.'request Is for per- mission to subdivide a 1.6 acre parcel Into two lots, each lot containing fifty (50) foot frontage. Lot #1 fronting on Hinesburg Road and lot #2 fronting an Heath Street. Lot #2 requires a variance to construct a duplex with a rear yard of ten (10) feet. Parcel In question is lo- cated at 4446 Hinesburg Road. TOWN OF COLCHESTER NOTICE OF PUBLIC SALE The Town of Colch ' will be accepting sea bids for purchase of following vehicle: 1987 International Payy 5000, 32,000gvw du truck, 240 Cummings Cam engine, 9 speed F ler transmission, 29, Rockwell rear end, yard hail body, 9' one -- Viking front plow with Frink wing plow, Swer, tailgate spreader, 119,i miles/4745 hours. The truck can be viev at the Colchester Highv Garage on May 12, 1 c from 10:00 a.m. to p.m. Bids will be recei, on May 19, 1995 no Ir than 12:00 noon on for to be provided by Town of Colches Please direct question: Bryan K. Osborne, Dir for of Public Works, E 0811. May 6, 7, & 8, 1995 WARNING The Westford School trio will vote on the & lion of the folk), proposed School B Policies at its May 1995, School Board rr mngg -Cltlxsrr Involverne. Student Involver In Decision Makin{. wm— litmarrt to Plans are on file with the South Burlington Planning and Zoning Office, Slo- cated at City Dorset Street, South Bur- lington, Vermont Richard Ward Zoning Administrative Officer May 6, 1995 placing a Free Press Classified ad is easy. we'll help you word yaw ad to get the resuhs You won,, Charge it with your VISA or Mastercard. -School Board = Evaluation -School Board Po- und Duds -Board Member thorlty -Evaluation of tic perintsindent -Holiday Ohservan Copies of fhe" posed PoNcil" pond and avel' for public caviar the foaa-" tionsr Chittenden Cs SuperAsorlr Unit floe 7 Meadow Terrac Eseex Junction, % Westford T Clark's Office Route 12S Westford, VT Westford Market Route 128 Westford, VT Westford UbrarY Westford, VT We stford E1m{ e ool May 6, 1995 ----------- sat '•ou rtuiAs^ `H Q.ASSrrm AD. CALL 6- Preliminary Memo - Planning May 23, 1995 agenda items April 27, 1995 Page 2 JOHN LARKIN - ACCESS MODIFICATIONS - SKETCH PLAN plan should indicate revised front yard coverage resulting from the added pavement. staff does not support opening the emergency access to general traffic. Traffic volumes generated by Pillsbury Manor are low so an additional curb cut is not necessary. In addition, allowing this additional curb cut would go against the City's policy of limiting curb cuts on high volume roadways such as Williston Road. WARREN LAHUE - OFFICE TO RETAIL - SITE PLAN --- indicate location of nearest fire hydrant. --- provide square footage of retail floor area. --- this plan appears to increase front yard coverage above the 30% allowable. Existing front yard coverage information should be submitted. If existing front yard coverage exceeds 30%, no additional coverage is permitted. --- coverage information on the application is incorrect. The percentage of landscaped areas plus the building, parking and storage areas should equal 100%. The percentages on the application equal 22.2%. This should be corrected. --- provide details and locations of all existing and proposed exterior lights. --- if a dumpster will be used, it must be shown on the plan and should be screened. --- a bike rack should be provided as required under Section 26.253(b) of the zoning regulations. --- the proposed use will increase traffic generation by 2 vehicle trip ends. The road impact fee for this increase will be approximately $400. --- no pavement or gravel can be added within the first 15 feet in from the r.o.w. as required under Section 25.107 of the zoning regulations. Staff recommends that no changes be made in the front yard and that the parking area be in the rear. L&M PARTNERSHIP - RELOCATE SEWER LINE - REVISED FINAL PLAT --- legal documents for the easement should be submitted for review and approval by the City Attorney. These documents should be recorded prior to recording the revised plat. 2 Preliminary Memo - Planning May 23, 1995 agenda items April 27, 1995 Page 3 --- plans are acceptable. JOHN LARKIN - CLUSTER C REVISION - SKETCH PLAN Sketch plans should be revised to show the following additional information: --- name of owners of record of contiguous properties. --- graphic scale --- type of, location and approximate size of existing and proposed water and sewer lines. --- location map. Other: --- north arrow on alternate "B" and "C" plans is pointing in the wrong direction. --- plans should show limits of C.O. District (50 feet either side of drainageway). --- buildings on alternative plan "A: do not meet 30 foot PUD perimeter setback. The current PUD setback is 50 feet. This requirement can be modified by the Planning Commission under Section 8.404 of the zoning regulations. --- it does not appear that the minimum lot size and minimum frontage requirements are being met in either Alternate B or C. The Planning Commission can waive such standards as part of PRD review. --- proposed single family lot #1 on Alternate C should be at least 30 feet setback from both streets. --- staff suggests that developer meet with area residents to receive their input regarding the proposed changes to the neighborhood park. --- a 20 foot easement should be reserved across a single family lot on Alternate C to access the neighborhood park. 3 CARL H. LISMAN ALLEN D. WEBSTER C.P.A. 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: review: UsMAN & UsMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P. O. BOX 728 BURLINGTON. VERMONT 05402 802-864-5756 May 12, 1995 South Burlington: The Pinnacle at Spear TELECOPIER 802-864-3629 OFFICES IN FINANCIAL PLAZA AT 84 PINE STREET BURLINGTON, VERMONT LOUIS LISMAN BERNARD LISMAN COUNSEL Ray Belair has requested that I forward to you the following documents for your (a) Second Notice of Conditions of Subdivision Approval; (b) Irrevocable Offer of Dedication, regarding easements, together with proposed deeds; and (c) Irrevocable Offer of Dedication, with regard to roadways, together with proposed deeds. You should have received from Steve Crampton a proposed easement across the Ratkus property. I am completing the easement for the sewer line into the subdivision westerly of Spear Street and will send it to you in a day or so. Very y s, Carl H. Lisman CHL/ddp Enclosures cc Mr. Gerald C. Milot - w/o copies Stephen Crampton, Esq. - w/o copies Mr. Ray Belair - w/o copies 20014\010 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, May 23, 1995 at 7:30 P.M. to consider the following: 1) Preliminary Plat application of Mary and Terry Shepard to subdivide 1.47 acres of land containing a single-family home into three (3) lots of 29,856 square feet, 17,867 square feet and 16,492 square feet, 131 Patchen Road. 2) 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. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission May 6, 1995 I City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 12, 1994 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Revise Landscape Plan, Nowland II Dear Mr. Steele: ZONING ADMINISTRATOR 658-7958 Enclosed please find preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments, if appropriate, with revised plans and/or additional information no later than Tuesday, October 18, 1994. If you have any questions, please give me a call. Sinc ely, RaymM J. Belair, Zoning and Planning Assistant Encls RJB/mcp cc: Larkin-Milot Partnership CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT "1) Name of Applicant I Arkin Milnt. PArtnershi-, 410 Shelburne Road, 2) Name of Subdivision Nowland II, Spear Street South Burlington 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 chanoe 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: Revised Landscape and Lighting Plan to include 65 cedar trees and a 4' high wooden rail fence along the 50' wetland buffer limit line behind lots 33 to 45 to comply with the State's Conditional Use Determintaion #90 - 110. 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 regulation for a minor sudivision and under Section 204.1(b) for a mai subd'v s"on. h 113� (Signature plicant contact person Date / John A. Steele, FitzPatrick-Llewellyn Incorporated RECEIVED Conditional Use Determination MAR 1 4 1994 P1T7_P,�i�i 3C,Fi-1!_i' .'JLt~Yrl Section 8 - Vermont Wetland Rules 1HCOI-1P01_-'.,k"rE1) Cone, Aing EnginL)E;rg 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 #90-110 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 190-110 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 Agency 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 190- 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 (Thula 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 (LVthrum 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. Gerald Milot Conditional Use Determination 190-110 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 Agency--Rf Natural ye �urces LI by . \ David Clough, P.E. Director, Water Quality, vision Dated a Waterbury Vermont this day of - , 1994. BGR\DLC\es 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 been approved on this ! — day of fflax01 , 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. orenson Assistant Wetlands Coordinator Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, Vermont 05671-0408 cc: Distribution List Mall tu. rr ee rr e5S \,IaS5I1IUU I l l�ulltl t: OItt1Cl, rV QUA I Our III KVIUII V I u,"Ur-uu I FREE PRESS CLASSIFIED CALL 658-3321 OR (800) 427-3125 -1D 65893321 S SWM Toll Free 1-800-427-3125 e Fax Number 802-862-5622 utely Free uncements score Needed Icare Offered & Found )nols oy Ads tainment/Adult Iction )ciol less Services It FOR FDR SALE SALE u' • u r,l 12 Employment 13. Port -Time Work 14 Business Opportunities 15 Work Wanted MERCHANDISE 16 Boats, Supplies 17 Sports, Equipment 18 Guns, Ammo :1-1—�t_ 19 Tools & Machines 20 Business Equipment 21 Building Materials 22 Household Goods 23 Collectibles 24 Musical Items LEGAL NOTICES 1 ( LEGAL NOTICES 1 Ibe convened on or before November 3, 1994. Parties entitled to partici- pate are the municipality, the muncipal planning commission, the regional planning commission, state agencies, adjoining property owners, and per- sons granted party status pursuant to Board Rule 14 (B). Dated at Essex Junction, Vermont, this 6th day of October, 1994. By: Faith Ingulsrud District Coordinator 111 West Street Essex Junction, Vermont, 05452 879-6563 October 8, 1994 MOTH:[ The Town of Colchester is requesting bids from qual- Continued N*A Column ified contractors to pro- vide snow plowing services at two municipal building locations. Con- tract documents may be obtained, free of charge, at the Town Office Build- ing at 172 Blakely Road, Colchester. A site inspec- tion will be held on Mon- day, 10/17/94 at 1:00 p.m., beginning at the Colchester Town Office Building. All prospective bidders are encouraged to attend. The deadline for submitting proposals is 10/26/94. Contact Col- chester Parks and Recre- ation at 655-0811. October 8, 9 & 10, 1994. PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at Continued Next Column MERCHANDISE 25 Computers 26 Home Entertainment 28 Miscellaneous Merchandise 29 Pets & Supplies 30 Fuel & Stoves 31 Wanted to Buy/Swap 33 Auctions 34 Photogrophy 35 Gorooe Sales LEGAL NOTICES 1 the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, October 25, 1994 at 7:30 P.M. to con- sider the following: 1) Revised final plat appli- cation of Green Acres, Inc., c/o Ralph Goodrich, to amend a previously ap- proved subdivision u.' 116.7 acres of land into twelve (12) lots, Hines- burg Road. The amend- ment consists of- resubdividing the 116.7 acres of land into ten (10) lots ranging in size from 3.06 acres to 43.98 acres. 2) Revised final plat appli- cation of Larkin-Milot Partnership to amend an approved planned resi- dential development con- sisting of 73 single-family lots of 66.7 acres of land located on the east side Continued Neri Column RENTALS 49 Wanted to Rent 40 Rooms for Rent 1 Roommates Wanted 42 Unfurnished Apts. 43 Furnished Apts. 44 Houses for Rent 45 Condo Rentals 46 Vacation Rentals 47 Business Rentals 48 Other Rentals 4 DAYS 4 LINES pry for all merchandise Tnanc-you voiued up to $10,000. No businesses, please. kA Mrs em A& REAL ESTATE REAL E45TATE 49 Condominiums h'•` *t� Fee 50 Realtors 62 Really Services 51 Brokers 63 Outof-Siaie Property 52 Homes For Sole 64 Camps & Compsiies 55 Lakeshore Property 65 Lots & Acreage 57 Grand Isle Co. 66 Real :state Wonted 60 Custom Homes 67 Commercial 68 Mobile Homes Real Estwe lisfines can be round in Home in Vermont section on Saturdays. LEGAL NOTICES 1 I LEGAL NOTICES 1 of Spear Street opposite Deerfield Drive. The amendment consists of revising the landscape plan to include cedar trees and a four (4) foot high wooden rail fence along the 50 foot wetland buffer line behind lots 33 - 45. 3) Revised preliminary plat application of Hanna - ford Brothers to amend an approved preliminary plat for construction of a ten-(10) building planned commercial develoment one 38.5 acre lot consist- ing of a 64,000 square foot supermarket, 107,806 square foot department store,,79,740 square feet of retall_space, a 95 room hotel, a 8, square foot restaurant, a 2,500 square foot 'bank with drive -through sentice. The amendment consists of: 1) the approval of Fayette Road and Martin's Drive Continued Next Column as private roads subject to detailed conditions, and 2) the consolidation of the proposed uses (e.g. su- permarket, department store, retail, restaurant) into the single -use cat- egory "Shopping Center", except for the hotel and bank which shall remain separate uses. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman South Burlington Planning Commission October 8, 1994 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Continued Next Column TRANSPORTATION 71--" HEquipment 72 Aviation 74 RVs, Trailers 75 Work Trucks 76 Motorcycles 77 Automotive 75 Cars '75 & Older 80 Classic Cars 81 Vans 82 Auto Services/Parts LEGAL NOTICES 1 Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, Oc- tober 24, 1994 at 7:00 P.M. to consider the fol- lowing: #1 Appeal of Brian and Tam! Candib seeking a variance from Section 26.00 Non -complying structures, sub -section 26.002 Alterations of the South Burlington Zoning Regulations. Request is for permission to reno- vate an existing single family dwelling to include a 16 x32' two story addi- tion to a structure non- complying to the minimum setback requirements, lo- cated at 12 Maplewood Drive. #2 Appeal of Robert Au - delta and Patrick Sullivan seeking approval from Section 15.20 Conditional ICont r usd Next Column �S 0 -D1RE�OR1ES 151.225 LSe'rvices 162 Build/Remodei 179 Excavating 180 Firewood/Fuel 185 Home Services and more... 230.253 On The Farm 233 Farm Animals 235 Farm Employment 236 Farm Equip. 241 Feed, Fodder and more... LEGAL NOTICES 1 uses, sub -section 15.212 resaurant and Section 26.65 Multiple uses of the South Buriinton Zoning Regulations. Request is for permission to operate a 6) seat restaurant in conjunction with five (5) other existing uses (real estate office, take out foodservice, automotive repair, equipment rental and storage facility) on a lot containingg 2.1 acres ocates at 1900 Williston Road. #3 Appeal of Ruth Trevi- thick seeking a variance from Section 25.00 Di- mensional requirements of the South Burlington Zoning Regulations. Re- quest is for permission to subdivide a five (5) acre parcel into three (3) lots, with one lot containing one & one half acres (1 1/2) with less than the mini- mum frortage required (150 feet proposed) lo- cated at 1751 Spear Continued Nex Column LEGAL NOTICES_ Street. Plans are on file with tl South Burlington Plannii and Zoning Office, I cated at City Hall, 5 Dorset Street, South Bt lington, Vermont. Richard Ward, Zoning Administrative •Officer . October 8, 1994 SHE BURLINGTO' PUBLIC WORKS Tratf Division is looking f qualified bidders for snc removal and salting of t municipal parking lots a the Market Place Garac All interested bidders c obtain the necessary formation during norn working hours Mon -Fri. Burlington Public Work 33 Kilburn Street Burlington, VT 05401 Deadline for submissi of qualifications is: Oc' ber 13, 1994 October 8. 1994 SHEEHEY BRUE GRAY & FURLONG PROFESSIONAL CORPORATION ATTORNEYS AT LAW DAVID T. AUSTIN R. JEFFREY BEHM NORDAHL L. BRUE MICHAEL G. FURLONG WILLIAM B. GRAY RALPHINE N. OIROURKE DONALD J. RENDALL, JR. CHRISTINA SCHULZ PAUL D. SHEEHEY PETER H. ZAMORE September 10, 1993 POST OFFICE BOX 66 BURLINGTON, VERMONT 05402 119 SOUTH WINOOSKI AVENUE TELEPHONE (802) 864-9891 FACSIMILE 1802) 864-681S Steven F. Stitzel, Esq. Stitzel & Page, P.C., 171 Battery Street, 2nd Floor Burlington, VT 05401 Re: Notice of Appeal from Decision of the City of South Burlington Planning Commission Dear Steve: As we discussed, I enclose a Notice of Appeal from Decision of the City of South Burlington Planning Commission filed by Downs Rachlin and Martin on behalf of Bill Gilbert. Included with this Notice of Appeal is a Certificate of Service and a check in the amount of $85.00 payable to the Chittenden Superior Court Clerk. I understand that you will deliver these documents to the clerk of the Chittenden Superior Court, if appropriate. Sincerely yours, SHEEHEY BRUE GRAY & FURLONG P.C. li avid T. Austin DTA/vlm Enclosure cc: Mr. Joseph Weith (w/encls.) C H T T T E N D E N C U N T Y S H E R S F F- S _k; P A R T M E N T P_O_ Box 1426 Burlington, Vermont 05402 R E T U R N or S E R V I C E On the __I^day of I 19 / I made service of the following document(s) upon the defendant n , . Summons a ( ) Complaint ( ) Motion (s) ( ) Affidavit ( ) Summons to Trustee ( ) List of Exemptions ( ) Disclosure Under Oath ( ) Final Order ( ) Trustee Disclosure ( ) Subpoena - Witness fees of Interrogatories Exhibit(s) Writ of Possession Judgment Order Order Memorandum of Laq N,Q(�ice of �Ju �fciS/a�� ohs S. liaa u�uJv�K Cc�x,nt,rl�c.t Writ of Attachment) K Recognizance ,Y¢ iz ut c-,,- .0 ,-s 7— F► b a's F-& C" 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 usualplace of abode of said �defen/dant. ( ) At 16 • �� �12� 3�C r 4`� U X /, /? l ' tr< (,�-� / ZIT' 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 RACHLIN & MARTIN PROFESSIONAL CORPORATION BURLINGTON, VT ST. JOHNSBURY, VT BRATTLEBORO, VT LITTLETON, 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 6 DOWNS RACHLIN & MARTIN PROFESSIONAL CORPORATION BURLINGTON. VT ST. JOHNSBURY, VT • BRATTLEBORO, VI 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 9* day of September, 1993. DOWNS RACHLIN & MARTIN WILMAPA Mi. By � u Iaw, ��-IL Solo r. Mr. Marc B. Heath Attorney for Appellant William Gilbert 199 Main Street, P.O. Box 190 Burlington, VT 05402-0190 B3/18.0903 (802) 863-2375 DOWNS RAAIN & MARTIN PROFESSIONAL CORPORATION BURLINGTON, VT • ST. JOHNSBURY, VT BRATI'LEBORO, VT LITTLETON, NH 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 I 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 v l Marc B. H ath Attorney for Appellant William Gilbert 199 Main Street, P.O. Box 190 Burlington, VT 05402-0190 (802) 863-2375 DOWNS RACHLIN & MARTIN PROFESSIONAL CORPORATION BURLINGTON, VT • ST. JOHNSBURY, VT 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 RACHLIN & MARTIN PROFESSIONAL CORPORATION BURLINGTON, VT • ST. JOHNSBURY. VT • BRATTLEBORO, VT • LITTLETON, NH t"' CARL H. LISMAN ALLEN D. WEBSTER C.P.A. MARY G. KIRKPATRICK E. WILLIAM LECKERLING DOUGLAS K. RILEY RICHARD W. KOZLOWSKI JUDITH L. DILLON Mr. Ray Belair City of South Burlington Planning Office 575 Dorset Street South Burlington, VT 05403 Dear Ray: LISMAN & LISMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P. O. BOX 728 BURLINGTON, VERMONT 05402 802-864-5756 May 4, 1995 The Pinnacle at Spear TELECOPIER 802 -864 -3629 OFFICES IN FINANCIAL PLAZA AT 84 PINE STREET BURLINGTON. VERMONT LOUIS LISMAN BERNARD LISMAN COUNSEL In connection with this matter, I am enclosing the various offers of dedication, the notice and related documents required by the Planning Commission. I would appreciate your quick review and comment before I send the to Steve Stitzel. Ve , ' tr urs, I Carl H. Lisman CHL/ddp Enclosures 20014\010 SECOND NOTICE OF CONDITIONS OF SUBDIVISION APPROVAL THIS NOTICE is made this day of May, 1995, by Larkin Milot Partnership, a Vermnt general partnership (the "Declarant"). RECITALS 1. The Declarant is the owner of 66.7 acres of land located on the east side of Spear Street in the City of South Burlington conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington (the 'Property"). 2. Such lands and premises are shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington (the "Plan"). 3. The Declarant has applied for, and received approval from, the South Burlington Planning Commission to subdivide the Property into 73 single-family lots, common areas and roads, as depicted on the Plan. 4. It is a condition to the subdivision approval by the Planning Commission that the Declarant make certain undertaking and promises. AGREEMENT In consideration of Ten Dollars and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Declarant hereby declares that the and confirms that the Property shall be held, sold and conveyed subject to the following coveants, agreements, easements and restrictions, all of which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest therein or any part thereof, and their heirs, successors and assigns: 5. The Pinnacle at Spear Homeowners Association, a mandatory membership association of owners of the lots shown on the Plan (the "Association"), shall be responsible for, and shall maintain, repair and replace (as necessary), (a) the community mailbox area, including the paved areas and supports for the mailboxes, as the location is shown and depicted on a plan, being sheet 6 of 27, entitled Nowland Two South Burlington Vermont Site and Utilities Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume ' s , Page 1! � of the Land Records of the City of South Burlington; (b) all drainage ditches and footing drain collection systems, each in the locations as shown and depicted on a plan, consisting of sheets 6 of 27, 7 of 27, 8 of 27 and 9 of 27, entitled Nowland Two South Burlington Vermont Site and Utilities Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 2� b , Pages 06 , (i , V� and (i 1 of the Land Records of the City of South Burlington; (c) and clean, all stormwater retention ponds, each in the locations as shown and depicted on a plan, consisting of sheets 6 of 27, 7 of 27, 8 of 27 and 9 of 27, entitled Nowland Two South Burlington Vermont Site and Utilities Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume ��° , Pages Ik and I,r of the Land Records of the City of South Burlington; (d) subject to applicable laws and regulations regarding wetlands, the unnamed stream which meanders through the area identified as 'Delineated Wetlands Limits" on the plan entitled Nowland Two South Burlington Vermont Overall Site Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 1, ` , Page G of the Land Records of the City of South Burlington; and (e) the "drainage easement" area next westerly of Lots 6 and 7, in the location depicted on the plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume (,i , Page 1 ': L of the Land Records of the City of South Burlington IN WITNESS WHEREOF, the Declarant has executed this Declaration this day of May, 1995. WITNESSES: LARKIN MILOT PARTNERSHIP By general partner and duly authorized agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County and State on this day of , 1995, personally appeared , general partner and duly authorize agent of Larkin Milot Partnership, and he acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public ACCEPTANCE by the PINNACLE AT SPEAR HOMEOWNERS ASSOCIATION The Pinnacle at Spear Homeowners Association, a mandatory membership association of owners of the lots at thq41hpacle at Spear (the "Association"), hereby accepts the responsibilities and obligation ii osed on it pursuant to th econd Notice of Conditions of Subdivision Approval, ted April , 1995, by LarkiiAMilot Partnership, recorded in Volume Page - of the Land Records 6f the City of South Burlington. IN WITNESS WHEREOF, the Association has executed this Acceptance this day of May, 1995. WITNESSES: PINNACLE AT SPEAR HOMEOWNERS ASSOCIATION By duly authorized agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County and State on this day of May, 1995, personally appeared , duly authorize dagent of The Pinnacle at Spear Homeowners Association, and he acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of The Pinnacle at Spear Homeowners Association. Before me 04\\20014\010\legal\conditio.not Notary Public IRREVOCABLE OFFER OF DEDICATION AGREEMENT made this day of May, 1995, between Larkin Milot Partnership, a Vermont general partnership (the "Owner") and the City of South Burlington (the "City"). RECITALS 1. In connection with the approval by the City of the residential development to be known as the,-Pibh-acle at Spear, the City has requested deeds to the roadways, to be identified Vale Road, Pinnacle Drive I and Nowlaf d Drive, as each is shown and depicted on a plan ntitled ,✓ 1)_441 Nowland Two r South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington (the "Plan"). 2. The Owner is willing to convey ownership of such roadways. 3. The roadways are to be dedicated to the City free and clear of all encumbrances. 4. The Owner has, with deliver of this Agreement, delivered warranty deeds to the City for each of the roadways. AGREEMENT NOW, THEREFORE, in consideration of the sum of One Dollar in lawful money paid by the City to the Owner and other good and avluable consideration, it is covenanted and agreed as follows: 5. The Owner herewith delivers to the City warranty deeds for each of Vale Road, Pinnacle Drive and Nowland Drive as described in 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 of the City. 6. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the City at any time. ___ __.._ _. ,, ____. ___. a' r� _ �. �,, pp ._ ., ... x '� D d s_ .�..a...._ ... ��. �� __.. �. ..�_�N �- 7. This irrevocable offer of dedication shall run with the land and shall be binding upon all assignees, grantees, successors and/or heirs of the Owner. WITNESSES: M. 10 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. LARKIN MILOT PARTNERSHIP General Partner and Duly Authorized Agent CITY OF SOUTH BURLINGTON Duly Authorized Agent At in said County and State on this day of May, 1995, personally appeared , General Partner and Duly Authorized Agent of Larkin Milot Partnership, and he acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At in said County and State on this day of May, 1995, personally appeared , duly authorized agent of the City of South Burlington, and he acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of the City of South Burlington. Before me 03\S:\20014\010\legal\offroads.chl 2 Notary Public Exhibit A to Offer of Dedication, Dated May _, 1995 from Larkin Milot Partnership to City of South Burlington Being a portion only of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: (a) that roadway identified as Vale Drive, from its intersection with Deerfield Drive to and including the cul-de-sac at its northern terminus, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington; (b) that roadway identified as Pinnacle Drive, as shown on the aforementioned plan; and (c) that roadway identified as Nowland Drive, as shown on the aforementioned plan. 3 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That LARKIN MILOT PARTNERSHIP, a Vermont general partnership having a place of business in Burlington in the County of Chittenden and State of Vermont (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 conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: Being roadway identified as Vale Drive, from its intersection with Deerfield Drive to and including the cul-de-sac at its northern terminus, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington; 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 itself and its 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 manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. � y IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of May, 1995. IN PRESENCE OF: LARKIN MILOT PARTNERSHIP BY LS General Partner and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At this day of May, 1995, general partner and duly authorized agent of Larkin Milot Partnership, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public Prepared by Lisman & Lisman, P.O. Box 728, Burlington, VT 05402 (802) 864-5756 02\20014\010\lega1\offroad.ch1 r WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That LARKIN MILOT PARTNERSHIP, a Vermont general partnership having a place of business in Burlington in the County of Chittenden and State of Vermont (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 conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: Being roadway identified as Pinnacle Drive, as shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington; 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 itself and its 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 manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of May, 1995. IN PRESENCE OF: LARKIN MILOT PARTNERSHIP BY LS General Partner and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At this day of May, 1995, general partner and duly authorized agent of Larkin Milot Partnership, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public Prepared by Lisman & Lisman, P.O. Box 728, Burlington, VT 05402 (802) 864-5756 02\20014\010\1ega1\offroad.ch1 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That LARKIN MILOT PARTNERSHIP, a Vermont general partnership having a place of business in Burlington in the County of Chittenden and State of Vermont (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 conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: Being roadway identified as Nowland Drive, as shown and depicted on a plan ' entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington; 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 itself and its 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 manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and that it ;t hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. t/ � f1 IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of May, 1995. IN PRESENCE OF: LARKIN MILOT PARTNERSHIP BY LS General Partner and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At this _ day of May, 1995, general partner and duly authorized agent of Larkin Milot Partnership, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public Prepared by Lisman & Lisman, P.O. Box 728, Burlington, VT 05402 (802) 864-5756 02\20014\010\1ega1\offroads.ch1 IRREVOCABLE OFFER OF DEDICATION AGREEMENT made this day of May, 1995, between Larkin Milot Partnership, a Vermont general partnership (the "Owner") and the City of South Burlington (the "City"). RECITALS 1. In connection with the approval by the City of the residential development to be known as the Pinnacle at Spear, the City has requested easements for utilties and for a recreation path, as each is shown and depicted on a plan entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot, et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Pages 111 and 112 of the Land Records of the City of South Burlington (the 'Plan"). 2. The Owner is willing to convey ownership of such easements. 3. The easements are to be dedicated to the City free and clear of all encumbrances. 4. The Owner has delivered warranty deeds to the City for the easements. AGREEMENT NOW, THEREFORE, in consideration of the sum of One Dollar in lawful money paid by the City to the Owner and other good and avluable consideration, it is covenanted and agreed as follows: 5. The Owner herewith delivers to the City warranty deeds for each of the easements as described in 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 of the City. 6. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the City at any time. 7. This irrevocable offer of dedication shall run with the land and shall be binding upon all assignees, grantees, successors and/or heirs of the Owner. WITNESSES: I� 1O l STATE OF VERMONT COUNTY OF CHITTENDEN, SS. LARKIN MILOT PARTNERSHIP General Partner and Duly Authorized Agent CITY OF SOUTH BURLINGTON Duly Authorized Agent At in said County and State on this day of May, 1995, personally appeared , General Partner and Duly Authorized Agent of Larkin Milot Partnership, and he acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At in said County and State on this day of May, 1995, personally appeared , duly authorized agent of the City of South Burlington, and he acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of the City of South Burlington. Before me 02\20014\010\1ega1\offease.ch1 N Notary Public Exhibit A to Irrevocable Offer of Dedication, Dated May 1995 from Larkin Milot Partnership to City of South Burlington Being a portion only of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: (a) being an easement, 20 feet in width, for the installation, constr n, operation, repair, maintenance and replacement of underground ttili ' s, including storm sewer, sanitary sewer, electric, water, natural gas, to ep one, to lines, piping and appurtenances, in the locations depicted as ' roposed 0' Utility Easement" and shown on a plan, being sheet 9 of 27, e Nowland Two South Burlington Vermont Site and Utilities Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 119 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns; (b) being an easement, 10 feet in width, for the installation, constriLction, operation, repair, maintenance and replacement of underground tt' 'ties, including storm sewer, sanitary sewer, electric, water, natural gas, telephone, t lines, piping and appurtenances, in the locations depicted as ropos 10' Utility Easement" and shown on a plan, being sheet 9 of 27, nti Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al. 3 �4 T dated July 1992, prepared b Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 1 119 the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns; As depicted on the plan, the easement is located immediately westerly of lots 52 through 62 inclusive, and thence proceeds northerly from the northwesterly sideline of the cul-de-sac of Vale Drive; there is also a small segment of the easement immediately southerly of the south line of Common Area "C"; (c) being an easement, 20 feet in width, for the installation, const ion, operation, repair, maintenance and replacement of underground Ftwx1es, including storm sewer, sanitary sewer, electric, water, natural gas, to ephone, ev' ' lines, piping and appurtenances, in the locations depicted as 'Proposed 0' Utility Easement" and shown on a plan, being sheet 6 of 27, itled ../ Nowland Two South Burlington Vermont Site and Utilities Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 116 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns; As depicted on the plan, the easement is located in the common boundary of lots 41 and 42, and in the common boundary of lots 46 and 47. (d) being an easement, 10 feet in width, for the installation, constr ction, operation, repair, maintenance and replacement of underground ttil ties, including storm sewer, sanitary sewer, electric, water, natural gas, to one, ev' ' lines, piping and appurtenances, in the locations depicted as "Proposed 0' Utility Easement" and shown on a plan, being sheet 2 of 2, ntitled 4 Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns; As depicted on the plan, the easement is located immediately adjacent to Nowlautl Drive and Pinnacle Drive, also described as in the westerly sideline of lots 8, 49, 50 and 51, and between Pinnacle Drive and lots 9 through 30 inclusive; (e) being an easement, 20 feet in width, for passive pedestrian and bicycle use, but not motorized vehicles, identified as 'Proposed 20' Pedestrian Easement" on a plan, being sheet 1 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 111 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns; 5 M1 \ N :L1 ►1111`i l t7�li] KNOW ALL MEN BY THESE PRESENTS: That LARKIN MILOT PARTNERSHIP, a Vermont general partnership having a place of business in Burlington in the County of Chittenden and State of Vermont (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 conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: Being an easement, 20 feet in width, for the install n, construction, operation, repair, maintenance and replacement of undergroundo6ttiAties, including storm sewer, sanitary sewer, electric, water, natural gas, tel television lines, piping and appurtenances, in the locations depicted as lZopq 0' Utility Easement" and shown on a plan, being sheet 9 of 27, entitled Nowland Two South Burlington Vermont Site and Utilities Plan dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 119 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. 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 itself and its 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 manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and that it 6 hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of May, 1995. IN PRESENCE OF: LARKIN MILOT PARTNERSHIP BY LS General Partner and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At this day of May, 1995, general partner and duly authorized agent of Larkin Milot Partnership, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public Prepared by Lisman & Lisman, P.O. Box 728, Burlington, VT 05402 (802) 864-5756 02\20014\010\1ega1\offease.ch1 7 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That LARKIN MILOT PARTNERSHIP, a Vermont general partnership having a place of business in Burlington in the County of Chittenden and State of Vermont (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 conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: Being an easement, 10 feet in width, for the install , construction, operation, repair, maintenance and replacement of undergroun utt' ' es, including storm sewer, sanitary sewer, electric, water, natural gas, tele 2420 e, television lines, piping and appurtenances, in the locations depicted as " opos 10' Utility Easement" and shown on a plan, being sheet 9 of 27, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al. dated July 1992, prep ed by Fitzpatrick -Llewellyn Incorporated, recorded in Map r Volume 286, Page 119 the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located immediately westerly of lots 52 through 62 inclusive, and thence proceeds northerly from the northwesterly sideline of the cul-de-sac of Vale Drive; there is also a small segment of the easement immediately southerly of the south line of Common Area "C"; 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 itself and its 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 manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of May, 1995. IN PRESENCE OF: STATE OF VERMONT CHITTENDEN COUNTY, SS. LARKIN MILOT PARTNERSHIP BY LS General Partner and Duly Authorized Agent At this day of May, 1995, general partner and duly authorized agent of Larkin Milot Partnership, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public Prepared by Lisman & Lisman, P.O. Box 728, Burlington, VT 05402 (802) 864-5756 02\20014\010\1ega1\offease.ch1 a WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That LARKIN MILOT PARTNERSHIP, a Vermont general partnership having a place of business in Burlington in the County of Chittenden and State of Vermont (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 5 business in South Burlington in the County of Chittenden and State of Vermont (together, if more than a; 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 conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: 4., Being an easement, 20 feet in width, for the instal n, construction, operation, repair, maintenance and replacement of undergrou ut ' 'ties, including storm sewer, sanitary sewer, electric, water, natural gas, tenept2erision lines, piping and appurtenances, in the locations depicted as 0Utility Easement" and shown on a plan, being sheet 6 of 27, entitle Nowland Two South Burlington Vermont Site and Utilities Plan • t dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 116 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located in the common boundary of lots 41 and 42, and in the common boundary of lots 46 and 47. 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 itself and its 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 manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of May, 1995. IN PRESENCE OF: LARKIN MILOT PARTNERSHIP BY IS General Partner and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At this day of May, 1995, general partner and duly authorized agent of Larkin Milot Partnership, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public Prepared by Lisman & Lisman, P.O. Box 728, Burlington, VT 05402 (802) 864-5756 02\20014\010\1ega1\offease.ch1 13 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That LARKIN MILOT PARTNERSHIP, a Vermont general partnership having a place of business in Burlington in the County of Chittenden and State of Vermont (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 conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: Being an easement, 10 feet in width, for the install4pgn, construction, operation, repair, maintenance and replacement of underground Wies, including storm sewer, sanitary sewer, electric, water, natural gas, tel e, television lines, piping and appurtenances, in the locations depicted as ropos 10' Utility Easement" and shown on a plan, being sheet 2 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 112 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. As depicted on the plan, the easement is located immediately adjacent to Nowland Drive and Pinnacle Drive, also described as in the westerly sideline of lots 8, 49, 50 and 51, and between Pinnacle Drive and lots 9 through 30 inclusive; 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 itself and its 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 manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of May, 1995. IN PRESENCE OF: LARKIN MILOT PARTNERSHIP BY LS ' General Partner and Duly Authorized Agent STATE OF VERMONT TENDEN COUNTY, SS. CHIT At this day of May, 1995, general partner and duly authorized agent of Larkin Milot Partnership, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public Prepared by Lisman & Lisman, P.O. Box 728, Burlington, VT 05402 (802) 864-5756 02\20014\010\lega1\offea&c.ch1 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That LARKIN MILOT PARTNERSHIP, a Vermont general partnership having a place of business in Burlington in the County of Chittenden and State of Vermont (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 conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated July 8, 1990, from Rheal C. Gagnon and Helen N. Gagnon, recorded in Volume 296, Page 538 of the Land Records of the City of South Burlington, and a portion of the lands and premises conveyed to Gerald C. Milot and John P. Larkin pursuant to a warranty deed, dated March 17, 1992, from Marie Underwood, recorded in Volume 332, Page 188 of the Land Records of the City of South Burlington, and more particularly described as follows: Being an easement, 20 feet in width, for passive pedestrian and bicycle use, but not motorized vehicles, identified as "Proposed 20' Pedestrian Easement" on a plan, being sheet 1 of 2, entitled Nowland Two South Burlington Vermont Plat of Subdivision of Lands of Gerald C. Milot et. al. dated July 1992, prepared by Fitzpatrick -Llewellyn Incorporated, recorded in Map Volume 286, Page 111 of the Land Records of the City of South Burlington, together with the right to enter on the lands of the Grantor, its successors and assigns, 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 Grantor or its successors or assigns. 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 itself and its 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 manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this day of May, 1995. IN PRESENCE OF: LARKIN MILOT PARTNERSHIP BY LS General Partner and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At this day of May, 1995, general partner and duly authorized agent of Larkin Milot Partnership, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Larkin Milot Partnership. Before me Notary Public Prepared by Lisman & Lisman, P.O. Box 728, Burlington, VT 05402 (802) 864-5756 02\20014\010\1ega1\offease.ch1 0 MEMORANDUM To: Applicants/Project Files From: Raymond J. Belair, Zoning & Planning Assistant Re: Preliminary Comments, March 10, 1998 agenda items Date: February 12, 1998 AT & T - WAREHOUSE - SITE PLAN — the minimum landscaping requirement based on building costs, is $20,500 which is not being met. Plan should be revised to show more landscaping to meet the minimum requirement. — the plan should include a planting schedule which gives the plant name (botanical and common), quantity and size. — plan should show or note the location of the nearest fire hydrant. — two (2) curb cuts are proposed. Section 26.103(a) of the zoning regulations states that "unless specifically approved by the Planning Commission there shall be a maximum of one driveway per lot accessing a public street." This provision does not apply to dual driveways where one (1) lane is ingress and the other lane is for egress. Staff recommends that the southerly access be for ingress only and the northerly access be for egress only. — provide front yard coverage information. — provide details (cut -sheets) for all exterior lights. — if a dumpster will be used, it should be shown and it should be screened. — the applicant should be aware that the traffic impact fee is zero (0). JOHN LARKIN - ADD 7 LOTS - SKETCH PLAN — Gerry Milot's name should be added to the name of the record owner. — the sketch plan should show the type of, location and size of existing and proposed water and sewer lines. — show location of view protection zones. — show wetland boundaries. — the reserved r.o.w. along the easterly boundary should be eliminated. — the plan should show the zoning boundaries between the development areas and restricted areas as shown on the SEQ zoning map. LLEWELLYN INCORPORATED February 2, 1998 Mr. Ray Belair Assistant City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Pinnacle At Spear Sketch Plan File: 97024 Dear Ray: On behalf of John Larkin, please find enclosed a sketch plan application for an additional seven (7) lots proposed for Pinnacle at Spear. Our application consists of: a. A sketch plan prepared by Llewellyn Incorporate drawing 0040-D, 5 copies b. A copy of the overall site plan for Nowland Two prepared by FitzPatrick- Llewellyn (1993) drawing D-4381. 5 copies C. A copy of a portion of the plat for Nowland Two prepared by FitzPatrick- Llewellyn (1992) drawing D-4746, 5 copies d. Reduced copies of the above drawings, 1 copy e. A sketch plan application I understand we are scheduled for a meeting on March 10, 1998. Thank you for your assistance. Sincerely, LLEWELLYN INCORPORATED Lance A. LlewdWn, P.E. Enclosures 4049 Williston Road - South Burlington • Vermont - 05403 • T 802.658.2100 - F 802.658.2882 Engineering • Permitting 9 Consulting Services Memorandum - City Engineer March 10, 1998 agenda items February 13, 1998 Page 2 PINNACLE AT SPEAR - 7 ADDITIONAL LOTS Plans should clearly designate that the street could be extended northerly to the Farrell property and beyond so that the buyers of the lots are well aware of that possibility. MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: March 10 , 1998 agenda items Date: February 11, 1998 1) AT & T Dated 2/l/98 4 Green Tree Drive Acceptable 2) John Larkin Dated 2/3/98 Pinnacle at Spear Acceptable 3) Linda & Joe Bacigalupo Dated 2/9/98 3 Green Tree Drive Acceptable 4) Terry Riggs Dated 2/10/98 18 Lime Rock Road Acceptable