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HomeMy WebLinkAboutBATCH 15 - Supplemental - 1840 Spear StreettheOther Paper • otherpapervt.com • January 11, 2018 • 15 placed in the Service Directory, call 864-6670. -DHL tary ces tailer �LC in Services mail.com REPAIR / REPLACE REPAIR / REPLACE XrCHEN CABINETS STAIRWELLS CEILINGS FOYERS Cleanup & Hauling Services We Clean Out: Estates Attics Garages Basements Call Kevin 343-6144 Residential &Office Cleaning Recurring and One -Time Cleans Fully Insured References Available 802.777.8870 Dreamdean2010@comcast.net I Make House calls! ON SITE Tune-ups, Oil Change, Repair r--- Post Season awnmoNver Maintenance Nand Mowers a Tractors Call Brad 338-1287 U 6`111 Jj,*71 PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing in the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday February 6, 2018 at 7:00 P.M. to consider the following: Reconsideration of preliminary & final plat decision #SD-17-18 of South Village Com- munities, LLC for approval of Phase III of 334 unit planned unit development. Phase III is to consist of the following: 1) 22 single family dwellings, 2) four (4) two (2) family dwellings, 3) two (2) three (3) unit multi -family dwelling, and 4) two (2) 12 unit multi -family dwellings. The reconsideration is to amend condition #5 pertaining to waivers of Land Development Regulation standards and to amend condition #25 pertaining to the number of affordable housing units in Phase IIIB, 1840 Spear Street. Bill Miller, Chair South Burlington Development Review Board A copy of the application is available for public inspec- tion at the South Burlington City Hall. Participation in the local proceeding is a prerequisite to the right to =take any subsequent appeal. January 18, 2018 ROWING MACHINE: With moveable arms for indoor exercise. 802-652-1434. (01/04) HOT TUB: "Soft -Tub" 140-gallon spa, 1-2 persons, used one and half months, includes accessories, chemicals, warranties, $3,500 new. $2,700. 802-310-5656. (01/11) Il�IG Rooted inWellness Acupuncture and Herbal Medicine OFFICE CHAIR: Black and brown fabric, adjustable height, arm rests, adjustable back rest, wheels, perfect condition, $30. Call Pat, 802-864-9321. (01 /04) 6()Uffi` rf_ December 15, 2017 Maria Keene, PE Development Review Planner City of South Burlington 1840 Spear Street South Burlington, VT 05403 RE: Final Plat #SD-17-18; South Village Communities, LLC Dear Marla, Please consider this a formal request for reconsideration of Condition # 25 of the above mentioned Final Plat. Specifically we believe that the words "in the event that the applicant chooses to build more than 269 units" should be put in front of the condition, that way, the condition will read: In the event that the applicant builds more than 269 units, there shall be at least (6) Affordable Housing units in Phase 111B, with no more than (4) units in the buildings with greater than three units. This condition does not alleviate the overall responsibility of the applicant to meet the affordability mix of section 18.02 of the Land Development Regulations either within phase 111B or within the South Village PUD as a whole. The basis for this request can be supported by referring to page 19 of the Findings of Fact and Decision for this approval, which states: As part of the Findings of Fact & Decision for #MP-05-02, the applicant received approval for a density bonus of 65 units, 33 of which must meet affordability criteria in perpetuity. Without the density bonus, the applicant has approval to build 269 units. This decision brings the number of approved units up to 264. Our point is that the condition as currently written mandates that we build six affordable units when we have not yet met the above referenced threshold of 269 units. R,3dpjctfully ysubmitted; Patrick Ct'Brien South Village Communities, LL.0 c/o Spear & Allen LLC P.O. Box 2286, S. Burlington, VT 05407 Jel: 802-658-0202, Fax: 802-658-6869 0,2 IL ILA C4 IE L. Vermont anagem.erit Plan November 2004 Revisions; February $, 2005, October 13, 2005 May 9, 2006 This is a working document and subject to change. ' WENT PLAN COMMUNITY LAND MANAGE South Village, South Burlington, VT This plan provides a framework for the use, preservation, restoration and management of open space in South Village. Prepared fort f' 't .• 7 �`� Sottth Village Communities, LLC South Burlington, V3' Prepared bys LandWorks Civil Engineering David Raphael, Associates Principal _ David Marshall, Natalie Steen, Plnnner Principal !` 211 Maple Street, P.O. Box 485 MW26 Shelburne, VT 05482 Middlebury, VI' 05753 (802) 985.2323 (802) 388.3011 Applied Ecological Wildlife Consulting '� PNH- Services, Inc. David E. Capen Steven A. Apfelbaum University of Vermont 17921 Smith Road 364 Aiken Center Ap+lkirul"ktlCtnktt,lx Brodhead, WI 53520 Burlington, VT 05405 (608) 897.8641 (802) 656.3007 THE ii iNT1 RVALli The Intervale William D. t --- Foundation Countryman Lindsey Ketchel, Art V. Gilman NOTLt Authored Director of Programs 868 Winch Hill Road Section 3 Only 282 Intervale Road Northfield, VT 05663 Burlington, VT 05401 (802) 485.8421 (802) 660.0440 TABjx, of CONTENTS INTRODUCTION 3 GENGINL DIsCRIPTION 3 OVERALL OOALS 3 SECTION I. MANAGEMENT oil NEIC3HBO1t11001) ACTiVITiiS AND FACILiTIM 5 1.0 RECREATION PATH 5 2.0 SIDGWALKS 5 3.0 QUI VI' PATFIS 5 3.1 Allowable Use 5 3.2 Management/Maintenance 5 3.3 Rules 5 3.4 Off path Use 6 4.0 PARKING AND ACCESS 6 5.0 Pi: is 6 s, 6.0 Ri:cRL'ATtON FIELD AND PACiI.ITII:S 6 7.0 SIGNMG 7 8.0 BACKYARDS 7 8.1 Maintenance and Pertilizing of Lawns, Gardens and Undscnpc 7 8.7. Pencing —7 8.3 Pets 7 8.4 Human/Wildlife Conflict Preventative Measures 8 8.5 heeding of Wildlife g 8.6 Maintenance/Pnlinrtcenient of Natural Native Vegetation 8 Table 1. Sample List of Acceptable Plantings 9 8.7 Lighting 13 S1iCrION 2. ECOLOOICAL RIMRA110N AND HABITATMANAOAMENT PROGRAM �15 1.0 IuntowcnoN 15 1.1 Benefits and Characteristics of Restoration 15 1.2.Restoration and Management Philosophy 16 1.3 Adaptive Restoration and Management 16 2.0 WILDLIFE HABITAT CONSIDERATIONS AND E.COLOGiCAI_ Rr-,MRATION 16 ` 2.1 South Village Design Process 16 2.2 Wildlife Use Pattenis 17 2.3 SiteSpeei(ic Opportunities "' 17 3.0 RmSTORATION AND MANAGEMENT ACTIVITIES 17 3.1 Introduction 17 3.2 Scheduling 18 3.3 Monitoring & Reporting 18 3.4 Specialized Training 19 3.5 Restoration Stage Activities 19 3.6 Management Stage Activities 21 Table 2. L.on&Tcrm Management Activides 22 SL-C lON 3. AGRICULTURAL MANAORMUNT PJAN BY THL 1NTrumix 23 1.0 BACKGROUND 23 2.0 GENERALRECOMMMDATION 23 3.0 FARM 23 3.1 Farm Operations 2� 3.2 Type of Products 24 3.3 Fattn Recruitment Strategies 24 3.4Transparent Farm Management and Goals-•- 24 3.5 LongTertn Lease Agreements 24 3.6 Restrictions 24 4.0 MARI,%-r»..............- 25 4.1 Farm Market Recommendations 25 5.0 LAND MANAQ immTr 26 5.1 Soil Maintenance and Improvement 27 5.2 Commitment to Farm Operation in Pctpetuit 27 5.3 Wetlands and Wildlife Habim -27 XNTRODUCTION GE 11MIM DESCIDYVION Several distinct types of open space have been designed or preserved In South Village to promote a healthy interaction between people and the environment. This plan shall apply to the following identified open spaces: • Recreation Path - provides recreational opportunities for residents at South Village and links to the extensive network of recreation paths throughout South Burlington. The Path navigates around the perimeter of the village and will provide residents with easy access to it. The layout takes advantage of the scenic and natural resources throughout the property and will provide an experiential journey through die surrounding preserved lands. Sidewalks - the pedestrian network provides residents with a safe and convenient way of accessing their community and the nrea beyond the neighborhoods. It provides an appropriate alternative to vehicular usage and allows residents to access areas that are not accessible by car. Front walks link to a network of 5' wide sidewalks that make connections to neighboring homes and help to reinforce the sense of community. The sidewalks also snake connections to otber alternative travel routes such as the recreation path and quiet pntlhs. ' Quiet Patlu - located throuihout the preserved areas of the site. They are a great amenity to the community linking residents with the surrounding natural landscape. Residents are able to experience and enjoy the native fauna and flora and the restoration areas and wetlands. • Neigleborizood Green Spaces - internal neighborhood open spaces, including parks, commons, greens and pedestrian courtyards within a short walk to each home. • Working Farm - a 35 acre working farm, operated and managed by the Intervale Foundation that includes community supported agriculture and a native plant nursery. • StornuMter Treatment Trains" (STT's) - include a series of ecologically designed swales used to channel storm water through native grasslands, forests, and wetlands designed to hold and beneficially utilize the run-off. SM also provide valuable wildlife. habitats and enhnnce community open spaces. • Restored and Preserve([ Open Space -- die remaining open space in South Village, which includes over 150 acres of wetlands, woodlands, fields, mesic forests, savannas, pine forests, stream (riparian) system, wet native grasslands, emergent wetlands, drainage conveyance and infiltrutlon opportunities (swales), and ephemeral wetlands, OVLRaL GOALS The main purpose of this plan is to provide a framework for the use, preservation; restoration and management of open space in South Village and to; t,. • Provide recreational opportunities that are compatible with maintaining the integrity of the ecosystem. • Encourage pedestrian and bike use and discourage high-speed traffic through a series of __._. -. Nvell_connectecLstrects,-lanes,-pedestriaii-p.�dhs,-and-tilkc3.wLys`_ • Encourage die preservation and use of highly productive farmland. Include provisions In each deed specifying that die adjncent land will be encouraged to remain in agricultural use. • Develop and manage open space wide the lust disturbance and impact possible. • Preserve and enhnnce natural features such as wetlands, floodplains, and drainageways, • Protect wooded nreas to maintain viable wildlife habitat and maintain connections between habitats for movement. • Ensure dint open space management efforts do not preclude or minimize die agricultural potential of die retained open space. 0 4 SUCTION I. MANAGEMENT Or NmGHBoRHOOD A.C"TIVITIrS AND FACILaws 1.0 RLCREAUON PATH The recreation path navigates around the perimeter of the village and links with the City's existing bike padi network. The recreation path is maintained and managed by the City of South Burlington and not under the purview of this plan. 2.0 SMEWALKS Sidewalks within the road right-of-way are maintained by the City of South Burlington. The Individual homeowner shall be responsible for maintaining front walks, which lead from their hordes to the sidewalk network. This means maintaining a clear, unobstructed path during all seasons of the year, including snow removal. 3.0 QuIRr PAT fIs Quiet paths are located throughout the preserved areas of die site. They are a great amenity to the community linking residents with the surrounding natural landscape. Residents are able to experience and enjoy the native farina and flora and the restoration areas and wetlands. 3.1 Allowable Use Walking, hiking, running, birding, nature observation, cross-country skiing, snowshoeing and other foot traffic are all permitted uses on the quiet paths. Bicycles, horseback riding, mountain biking and other off -road or motorized uses are strictly prohibited except a wheelchair, baby carriage, or other like vehicle. 3.2 M,,inagement/M,-ilutenance Management of trail systems and access should minimize conflicts among various user groups, minimize environmentut impacts and provide for a quality recreational experience, The Community Association will be responsible for the general maintenance of the paths, whicli includes clearing of debris and other foreign matter. The paths will not be plowed during the winter months and patrons shall enter and use the paths at tlielr own risk. 3.3 Rules Quiet paths are free and open to the public from dawn to dusk year round. / Pets, Including dogs, are strictly prohibited from the quiet paths. . - k Patrons shall preserve the peace and quiet: enjoyment of the trails. Noise should be kept at a volume that (toes not disturb other visitors, wildlife or people living In the area. Open flues and campfires tirestrictly prohibited. 5 Overnight camping is not allowed anywhere nlong the quiet paths or within the open space net -work. Waste must be disposed of properly. Users arc responsible for carrying out their own �.. _._.._____.garbage—Bucial_of_trash_is_not-permitted.-Animals_%vill.dig it-up_or_iCtivill_becoine.exposed.-.-.____. later on for someone else to find. No person may harm, harass, hunt, trap or remove any animal, including mammals, fish, Insects, birds, reptiles, or other living creature. Users shall not willfully mutilate, injure, destroy, thrash, or remove any live tree, shrub, vine, -wildflower, grass, fern, moss, fungus or any other vegetation. No person shall collect or harvest dead wood or plants. Alcoholic beverages :ire prohibited. 3.4 Off -path Use Travelers shall stay within the Width of the quiet path. Concentrating travel on trails reduces the likelihood that multiple routes will develop and scar the landscape or disturb wildlife. Off -path use is therefore strongly discouraged. As a general rule, travelers who must venture off -pads should spread out to avoid creating paths that encourage others to follow. Avoid vegetation whenever possible, especially on steep slopes where the effects of off -path travel are magnified. Always choose the most durable surfaces available: rock, gravel, sand, compacted soil, dry grasses, or snow. 4.0 PARIUNG AND A.CCIM Parking is available for all residents and visitors at the Tillage Center as well as on -street parking found throughout the village. Several access points to the quiet paths are found throughout the village. 5.0 PI;I.s Pets pose significant threats to forest ecosystems, wildlife and the visitor experience. Dogs and other pets are therefore prohibited on the quiet paths and are limited to streets, sidewalks, the recreation path qnd other areas designated by the Community Association. Dogs must always be on a leash. Owners must keep pets under control at All times and immediately remove or bury their waste. 6.0 RECumoN 1?111LD AND FACILITWS Recreational fields and facilities at the school site and southwest locations are for school and resident use only, subject to rules -and regulations that will be developed and posted by the Community Association. 6 7.0 SIGNING Signs will be installed that describe the acceptable use of recreational facilities, to identify access points, and to notify users of adjacent private property. They will be placed at all __._ ..._.... _.__.,___Quiet Rath-trailheads: They �vil1-also-list the-rules-for-rhe-ganoral-use-of-ilia-span-space.-- Signing for the recreation path will be In accordance with City of South Burlington sign regulations; recreation path signs will be die responsibility of the City. 8.0 BACimiu)s 8.1 Maintenance and Fertilizing of fawns, Gardens and Landscape Pertilizing lawns and gardens can accidentally lead to the contamination of surface waters - ponds, puddles, creeks, marshes, wetlands, lakes and rivers. Even a little too much can cause damage. To minimize the chance of excess nutrients getting into surface and ground waters, the following guidelines shall be followed: • Chemical fertilizers are prohibited. Only special slow release and organic fertilizers or compost may be used to fertilize lawns, gardens and landscape. Consult die "Living with Nature" Handbook provided to each homeowner. • Pesticide and herbicide use is strictly prohibited. • Clippings should be left on the lawn, rather than removing diem, to return nutrients to the lawn without the need for as nitich fertilizer. To reduce mowing, cut back on _ . fertilizer and water. • Water should be conserved. Tile less excess flow, the less chance for leaching contaminants into any water. Use low flow devices such as drip irrigation and soaker hoses. Let lawns go somewhat brown in the summer. 8.2 Fencing Itences act as a barrier to the movements of wildlife. They often deter young and make diem more vulnerable to predation and road kill. A poorly designed fence may lead to entanglement and eventual mortality, particularly during times of winter stress. • Use of privacy fencing, chain link fencing, and oilier restrictive access fencing should be limited to the immediate area surrounding the domicile and should not be used as a method to designate boundaries of larger lot sizes. • All backyards that abut wetland areas may only use natural fencing (liedge or wood). 8.3 Pets Growing pet populations become n problem to the natural environment and often Harass or kill wildlife. Dogs, when left to roam, may negatively Impact wildlife. House cats prey on small mammals, reptiles, amphibians, birds and other wildlife. Pets are also easy prey and may become part of the food chain, attracting larger predators (fox, coyote, bears) to urban environments. • Dogs should be kept tinder the direct physical control of their owner and otherwise should be kept within a kennel or fenced area that effectively restricts their egress into open space areas. • �nly_c.ats.keptincloors Lv111_hc.perihhitted.in SouthV.illage. 8.4 Human/Wildlife Conflict Preventative Measurers As humans encroach into wildlife habitat, it becomes necessary for residents to coexist with their surrounding environment. Each year, more and more bears rummage through garbage cans, sl,-unks spray the family dog, raccoons occupy the attic, and white tailed (leer browse gardens and ornamental plantings. Because it is not practical to move nuisance animals to another area, it is imperative to modify human behavior to minimize conflict with their wild. neighbors, as well as provide solutions before a problem develops. • Pet food should be kept within the domicile, garage or similar secure storage facility. Pet food should never be left outside, • Trash and recycling should be kept in tamper -proof containers, in a garage, or similar secured storage facility until the Clay of pickup disposal to prevent serving [is an attractive nuisance to raccoons, skunks, dogs, and other wildlife and domestic species. 8.5 Feeding of Wildlife Many people feed deer, raccoons, wild turkeys, squirrels a,ul other suburban wildlife, thinking they are lielping these animals out by providing food. However, supplemental feeding encourages wildlife to become dependent on handouts, and often results in abnormally high populations of wildlife that become nuisances and spread disease. Furthermore, wildlife may lose their fear of humans and pets, leading to unfortunate encounters with aggressive pets and humans. • The feeding of all wildlife species except birds is prohibited. • Use of all bird feeders is discouraged. However, if feeders arc used, they should he placed so they are inaccessible to raccoons, skunks, and other wildlife species that might cause damage or threaten human safety. 8.6 Maintenance/Fnhancernent of Natural Native Vegetation Grading, excavating, and construction are continually disturbing Vermont's landscape. Without special effort, naturally occurring plants and vegetation are rarely reestablished. Most often nonnative species Invade such disturbed areas and spread into adjacent landscapes where they will be difficult to control. Nonnative species cover bare ground with dense greenery and sometimes with showy flowers, but may provide little in the way of habitat values or plant community diversity and structure. Nonnative species can establish monotypic stands that deplete soil moisture and shade the ground, eliminating chances that natural native plants will germinate and grow, and forcing.wildlife to find edible food elsewhere, or starve. • Native vegetation slhall-not be altered and native herbaceous vegetation (grasses and forts) shall be maintained. When re-established, It should be maintained by methods that mimic natural processes. Mowing is strongly discouraged, except as required around the immediate vicinity of residences. 8 • Mowing is not permitted in wetlands and/or their buffers. Disturbance of wetland vegetation is limited to remediation activities. • Planting of native, trees and shrubs is strongly encouraged for the bulk of the landscape --- - --- palette-but.does.tiotpreclucle_dw-judiciousltse-oEnon_nnt[v-ornanientals..nslswg-tom they are non -Invasive species and approved by the South Village review process. A sample list of acceptable native plantings Is provided In the table below: Table 1. Sample, List of Acceptable Plantings BOTANICAL NAME / COMMON I.ANI7 TC p� MATURE HEIGHT HARDINESS ZONE NAME FUNCTION & (PI) AND SPREAD (S) AND EXPOSURE FORM GROUND COVER Comptonfn peregrina massing, naturalizing 2 - 3' h 3b, sun or shade /Sweet fern 2 - 6' s spreading DWARF SH11-11I3S (DPOW)Y Y)I 1.9) Juniperus communis specimen, ground 8.36" li 4a, sun var. depressn / cover h - 6" s Common Juniper spreading or creeping Potentilla frodcos,V foundation, border 11/2.4' li 3b, sun Hush Cinquefoil 2, 4's oval to round NOTE: There ate many dwarf and shntb varieties and cWtivars of native evergreen species such as Abics balsarnea, Junlpettis virgintann, Plcca glauca, Pinus strobus, Prunes virginkno, and'Aula occidentaUs, which can be used. SMALL 81-IRUBS 1DEC1D11n1 IS1 Aroma mclanocnipit border, naturalizing 3 - 5' h 3b, sun or partial var. elata / 5 . & s shade Black chokeberry upright oval Dirca palustris/ specimen, border, 3.6' li 3b, sun or shade Leathenvood woodland edge 3.5's oval to round 9 NA.'IZVL —"`` BOTANICAL NAML/COMMON LANDSCA13E MATURE HEIGHT kIARU1NrSS-ZONE NAME FUNCTION � AND SPREAD (S) AND EXPOSURE FORM MEDIUM SHRUBS (DECIDUOUS) Ilex verticillarn / border, naturalizing 6 -10' h 3b, sun or partial Winterberry 6 - 10' s shade oval Vacclnium border, hedge, fruit 6 -10' h 4b, sttn or shade corymbosurn/ garden 5. 10' s Highbush Blueberry _ upright oval Viburnum nautralizing, border, S - 1Q' h 3b, sun or partial casslnoldes/ specimen 7. 10's shade Witherod Viburnum, Wild Raisin upright oval Viburnum dewatuin border, screen, 7.9' h 3b, sun or partial / foundation 7, 9' s shade Arrowwood Viburnum oval or round Viburnum triloburn specimen, border, B - 10' 11 3b, sun or partial / screen, naturalizing 6, Ws shade American Cranberrybush upright oval Viburnum LARGE SHRUBS AND SMALL TREES (DECIDUOUS) Armelanchierarborea- specimen; --- - 15-- 40' h 3b, sun or partial / naturalizing 15 - 30's shade Downy Serviceberry upright oval Amelanchlerx specimen, 15.25' h 4a, sun or shade grandiflom / naturalizing 10 -18' s Apple Serviceberry upright oval Amelanchler laevis/ specimen, 15 . i5' h 3b, sun or shade Allegheny naturalizing a • 12' s Serviceberry upright oval 10 BOTANICAL COMMON NATIVE -y _ LAN)�SC-AT'TI - MATURE 11Z;ICIIT -- -HARDINESS ZONE - NAME / NAME FUNCTION & (11) AND SPREAD (8) AND EXPOSURE - FORM Carpinus caroliniaila specimen, vu 20.3u '11 3 , sun ors lade / woodlands, 15 - 20' s American Hornbeam naturalizing u ri ht oval Corn us alrcrnifolia / specitneit, border 12.20' h A sun or shade Pagoda Dogwood 8. 12' s upright oval Prunus virginiana / wildlife, border, 15.25' It 3b, sun or partial Chokecherry woodland edge 12. 15's shade oval to round Sorbus clecom/ specimen 20. 25' h 3b, sun Showy Mountaillash 15.20's upright oval Viburnum specimen, border, 12. 15' h 3b, sun or shade prunifolitmV massing 8 12's Blackhaw Viburnum upright oval MEDIUM AND LARGE TREES (DECIDUOUS) Acer rubrum % shade tree, specimen 50.70' It 3b, sun Red Maple 40 - 50' s upright oval Acer saccharinum / shade tree, specimen 70.80' h 3b, sun Silver Maple G0 Ws broad oval to irregular Acersaccharum/ shade tree, specimen 70. 80' h 3b, sun or partial Sugar Maple 40 - 60' s shade upright oval to round Betula alleghanicnsis specimen, shade tree, 40 - 6Y h 3b, sun or partial / naturalizing 40.50' s shade Yellow Birch upright oval, round 11 Mao BOTANICAL NAME / COMMON NATIVE LANDSCAPE MATURE HEIGHT HARDINESS ZONE NAME EU & ANDS READ (S) AND EXPOSURE i' CORM Betufa Ionta / specimen, shade tree, 40 - 55' h 3b, sun- or partial Black Birch naturalizing 35.45' s shade upright oval Betula papyrlfera / specimen, shade tree, 60.75' li 3b, sun Paper or Canoe Birch naturalizing 30.50's upright oval Carya os'ata / specimen, shade tree 60.75' h 4b, suit Shagbark Hickory 40.50' s upright oval Eagus grandifolia / specimen, shade tree 60.8U h 3b, sun American Beech 40.50' s upright oval Osnya virgin bna / specimen, shade tree, 40 - 50' h 4a, sun, partial shade Hop -hornbeam street tree 30.40' s upright oval Prunus serotina / woodland edge, 60.75' h 3b, sun Black Cherry naturalizing 30.50' s upright oval to irrc ular Quercus bicolor/ specimen, shade tree 50.70' h 3b, sun Swamp White Oak 40 - 5U s upright oval, round VIM americana / specimen, shade tree, 70. 89 h 3b, sun American Linden street tree 40.50' s upright oval EVERGREEN TREES Ables balsomea % specimen, screen, 50 - 70' It 3b, sun or partial Balsam Fir windbreak, accent 20.30' s shade pyramidal 12 BOTANICAL . NATIVE IANDSCAPE MATURE HEIGHT - ........ ..... .E-1ARDINhN"S ZONR NAME / COMMON NAME FUNCTION & III) AND SPREAD (S) AND EXPOSURE juniperus virginiana screen, Hedge 25 - 35'' 1 alb, sun / 15.20's Eastern Red Cedar pyramidal Picea ginuca/ specimen, screen, 40 - 60` Ih 3b, sun White Spruce windbreak 15.25's pyramidal Pip us resinosa / screen, windbreak 60.75' h 3b, sun Red Pine 25.35's pyramidal Pinus strobus/ screen, windbreak, 60.75' h 3b, sun Eastern White Pine shade tree, specimen 25.35's rahhhidal Thitia occidenrnlis/ screen, hedge, 30 - 40' h 3b, full sun, partial American arborvitae, specimen 10 - 20's shade White Cedar pyramidal Tsugn canadensis/ specimen, screen, 50 - 75' h 3b, sun or shade Canadian hemlock hedge 25.35's pyramidal 8.7 Lighting Although sometimes necessary, outdoor lighting can have negative ecological effects on plants, animals, and even people. Light pollution threatens wildlife by disrupting biological rhythms and othetwise interfering with the behavior of nocturnal animals. The effects may be subtle and go unrecognized but can also be deadly. Research has revealed that behavioral patterns of insects, birds, fish, mammals and other wildlife are altered in significant, detrimental ways. 1'40r example, nocturnal birds use the moon and stars for navigation -during their biannual migrations. When they fly through a brightly lit area, they become disoriented and are susceptible to collisions with over lit structures. • Individual lights on buildings or in yards, other than what is necessary for safety, Is d� r� discouraged. Homeowners who want to add additional outside lighting will need to <"5-" apply tothe he Developer or Community Association for approval. Light sources will need to be hidden or pointed down to avoid or reduce excessive glare. and visual impact on wildlife. The lowest level of illumination possible is desired. 13 Short-term seasonal decorations (i.e. Christmas lights) shall be displayed for a maximum of G �viceks and subject to Community Association reviewand guidance. 14 SECTION 2. ECOLOGICAL RESTORATION AND HABITAT MANAGEMENT PROGRAM _.. NOTE: Any work proposed under the restoration and management program will be subject to review by the Agency of Natural Resources, a Conditional Use Determination, and a Verinont General Permit. 1.0 INTRODUCTION This Ecological Restoration and 1-labitat Management Program has been designed for die South Village residential development project in South Burlington, Vermont. This program is based on the following design objectives: 1. Restore die ecology, diversity, and beauty of native plant communities in conservation preserves. 2. Improve the ecological function and beattty of the communal omen space and other areas by integrating ecological restoration with native landscaping. 3. Provide for the enjoyment of the conservation preserves. 4. Develop a long-term ecological stewardship program for the open space. 1.1 Benefits and Characteristics of Restoration Restoration of native plant communities improves the health of ecosystems, including wildlife habitat and ecological function (e.g., stormwater management). The restoration of a complex native vegetation structure and rich biodiversity in South Village's woodlands, wetlands, wet grasslands and native upland grasslands and forests will provide opportunities for populations of breeding birds, Invertebrates, inammals, and other wildlife. The ecological benefits of restoration are many, The deep and fibrous root systems of die upland native plant communities stabilize and Improve soil, capture and slow runoff from developed and landscaped areas, and speed the absorption of water Into the soil and groundwater. Hidden from view, but just as Important, the leaching of nitrogen and phosphorus --major contributors to water pollution and algae blooms —is slowed and water quality downstream improved. Many other functions, from seed bank replenishment to the provision of food for wildlife, are enhanced by restoration. The first two to three years of die restorntion.process are the most difficult and costly. To firmly take hold in restormdons, die native plants we favor must be helped to compete against estttblislied weeds, such as European buckthorn, Tavarian honeysuckle, garlic mustard, reed canary grass, and other introduced non-native species. Tasks will be carefully laid out and budgeted so that after the native plants are established, routine maintenance of the restored plant communities can begin. This routine maintenance is much less costly than the beginning stages of restoration. 15 1.2 Restoration and_Manngement Philosophy The philosophy of restoration focuses on creating -ecologically valuable biological communities within the context of a developed or disturbed landscape. This document provides information that serves as a baseline for assessing the effectiveness of future restoration and management efforts. Tlie goal o res ora ton - creattng a quMity environment - is represented by the plant life in the form of native plant communities. The assumption Is that if the plant communities are restored, wildlife populations, ecological functioning, and human enjoyment will be entranced. This project will focus on creating and restoring diverse ecological systems adjacent to developed areas. Presettlement vegetation was used as a reference to guide the restoration work, and it is our intent to create plant communities that are native to die area, and if possible native to die site. However, changes in the landscape and existing conditions often preclude the possibility of re-creating die original landscapes present 150 years ago. Where plant communities arc adjacent to developed or traditionally landscaped areas, we will integrate the restorations with the adjacent lands. Ecological restoration does not mile out opportunities for ornamental gardens and plantings that employ colorful, attractive native species. properly designed and maintained, native plantings of shrubs, wildflowers, and grasses will result in an intriguing, often stunning display of color and form that blends into the more natural conservation areas or forms a transition from restored plant communities to developed areas. At South Village, landscaping concepts will be blended with carefully selected mixes of native plants to create Interesting and beautiful dispinys for residents and visitors. Limited trails and gathering spots will be designed to invite walkers through the restored plant communities and plantings. Vistas will be enhanced by plantings designed to draw die eye from one colorful feature to another. 1.3 Adaptive Restoration and Manngement Restoration and management programs need to be flexible because of the variability exhibited by the temporal and spatial -resources addressed by it plan. Programs need at times to be changed In response to new data and derived Insights resulting from regular monitoring. For these reasons, this program should be viewed as being neither conclusive nor absolute. This prograan Is to starting point in an ongoing process of restoring the site's biodiversity and natural processes. Regular monitoring during the restoration process will provide feedback on the program's effectiveness, and generate information to evaluate and justify the need for c}hnnges, This process of evaluation, adjustment, refinenxent, and change is called "adaptive management." Adaptive management is a tool that is fundamental to the restoration, management, maintenance, work described in this program. 2.0 WiLDLu?F, Mum CoNsiDLiRATioNS AND ECOLOGICAL RWrORAnoN Z.I South Village Design Process South Village was designed after a natural resource mapping was conducted of the property. During the Inventory the land's current ecological conditions and health were mapped and described for the vegetation systems and wildlife, resources in die property. 16 The inventory also mapped drainage patterns, depressional topographic features, poor soils areas, erosionrisk, and other conditions on the landscape. In addition, field wildlife studies to understand habitat use by wildlife were undertaken. —__—l�.cfar�the�lrapmen�drsign_lugan,_nns..cologic.�l_restun�tian.pi,�n_�c.�s_i�p�tt�sLtfltt� focused on 1) increasing native plant community diversity, 2) stabilizing soils, 3) providing improved wildlife habitat opportunities, 4) reducing longstanding impacts of the presently abandoned agticultural uses on the land Including ditched and tiled lands, graded and land filled areas, and 5) implementing ways to improve the stormwater functions of the land by reducing current water yields, improving the duality of water leaving the land, and stabilizing the hydraulics from current runoff, particularly in wetlands and the associated unnamed tributary stream. Planning for the development followed this ecological and wildlife inventory, and restoratlon and stormwater conceptual design process. 2.2'Wildlife Use Patterns Wildlife use of the South Village property was most strongly associated with forested wetlands and mature forest areas near the eastern boundary (Capers 2000. Birds, too, were most numerous on the eastern and northeastern portions of the property, the product of die intersection of forest, wetland, and grassland habitat types. Most of the land west of the wetland is highly degraded and dominated by birds foot trefoil (Lotus eornicularus) and other planted and typical (allowed farm field plants such as Canada goldenrod (Solidago canadensis), European brome grass (Broratus inerrnis), quack grass (Agropyron repens) and little else. 2.3 Site -Specific OpportunIties Connecting Native Plant Communities The South Village site presents opportunities for connecting native plant communities, using greenways and other natural open space corridors. Employing natural ecological systems for stormwater management, such as the Stormwater Treatment Train711 (SM, will help achieve this objective. The proposed site design creates a substantial greenway that connects the site's central wetland with forested areas, reforested areas under the plan, mesic grasslands to be planted, and also with restored wetlands created as a part of the stormwater management system (STIR in the property. This greenway will provide valuable wildlife habitat, travel corridors, and opportunities for ecological stormwater management, habitat restoration, and many other ecological improvements. 3.0 E-novATIQN.AND IbMANAGLr mNTAcTivrrius 3.1 Introduction The Ecological Restoratlon and Management Program for South Village is comprised of two stages: a) Restoration Stage: The restoration stage is the period when major efforts are undettaken to restore vegetation and biological diversity and begin die process 11 Gipen, D. l;. 2004. South Villagewiidiik assessment. Unpublished report submittal to Retrovest Campnntes. 9pp. 17 of restoring ecological functions. The restoration stage includes enhancement " of existing degraded native plant "communities as well -as restoration of native plant coin munities that once occupied the site. Tasks during this phase include reducing undesirable species and planting native species. The period of time reeiu cd to cone ttct the iestoration static ilepcitils oil'the condition of the ecological system, the level of effort needed, and the opportunities and constraints (e.g., access, weather, biological response). Typically a restoration stage of three years for a given area is required, followed by the management stage for that area. b) Mdrutger»eru Stage. After achieving initial restoration goals, the restoration process shifts to a reduced -intervention, lower -cost management stage. Tasks during this stage include spot herbicide treatments, remedial planting, and prescribed burning. To carry out die restoration and management stages, ecological concepts and prescriptions will be written and scheduled over a multi -year period for cacti of several management units that are developed for it site. Management units are typically ecologically significant groupings of plant communities that are convenient to manage. Tasks are performed on a regular schedule, guided by annual ecological monitoring. Management strategies are usually completed on a rotational basis. For exattiplc, areas that tray be'manngecl witlx prescribed burning are often split into management units demarcated by existing and convenient firebreaks, such as hiking trails or surface water features. In a given year, perhaps two management units on the site will be burned, and the following; year another x two units will be burned, and so on. While certain management tasks will occur only in particular management units in a given year, annual monitoring and other management tasks will occur throughout the entire conservation area. Management tuiits for South Village will be developed during finalization of the project. 3.2 Scheduling A difficult part of die restoration and management program is to organize the tasks in a clear and easily understood format. It is important that the program and schedule be flexible. Flexibility Is necessary If activities that are planned require suitable weather conditions. Flexibility Is also necessary because feedback from the monitoring program may result in changes of strategy, techniques, and timing In order to satisfy the restoration goals. Nyllille prescribed burning,is an ecologically effective and cost-effective technique, It may be desirable -that portions of the conservation area be restored and managed using alternative methods (e.g., more Intensive mowing or herbicide regimes). A more detailed description of specific restoration and management tasks to occur in particular restored or enhanced native plant communities is provided in Section 3.6 below. 3.3 Monitoring &. Reporting Ecological monitoring provides important data about the effectiveness of die restoration and management program. It requires that the response of die native plant communities be checked regularly by incasuring ecological indicators of plant community recovery. 18 Effectiveness is judged against the goals and objectives of the project design. Goals can be modified over time as a result of this feedback: The results of annual monitoring are used to direct the restoration and management activities for the upcoming year. Photography is often used to document a chronosequence of ecological change during restoration and management. Reports detailing locations and dates of all restoration and management efforts undertaken and the ecological monitoring that occurred should be completed annually. This report is useful for noting the restoration progress, as well as assessing the need for modifications to the restoration and management program (i.e., adaptive management). 3.4 Specialized Training For many of the restoration tasks (e.g., prescribed burning, herbicide use, monitoring) specialized training (often involving licensing or certification), oversight, and guidance are required of personnel before the restoration program begins. Personnel and volunteers involved in prescribed burning, brush control, monitoring, seed collection, etc. should receive training commensurate with the activity In which they would be involved. Training Is especially important for those activities that may have risk and safety implications (e.g., prescribed burning), but also for monitoring, where an accurate assessment of the response of die ecological system to the restoration treatments Is required. 3.5 Restoration Stage Activities In our restoration work, ATS nuns to restore conservation areas to native plant communities specific to the project location, and where that is not possible or practical, we Min to restore areas to a community native to the site vicinity or region. Plant communities that will be enhanced and/or restored on the site Include: • MCS1C Forest • Brushlrat�cls • Oak -Pine Forest • Oak Forest Gr.7sslands In addition to the above listed plant communities, colorful native pliant caaliancement areas will be designed into the site's open space and features, and a no mow roadside mix will be Installed along roadways to facilitate maintenance and firebreaks. The tasks for enhancing and restoring the various plant communities proposed for the site are outlined below, and n more detailed description including native plant species lists for each zone is to be included In future specifications. Mesic Forest, Bmslalands Remove invasive woody vegetation from the deciduous forest/woodland, including common buckthorn, black locust, and Tartarian honeysuckle. Selectively cut aggressive native woody species such as boxeldcr, prickly ash, elm, and green ash. This work inay entail cutting and stump -treating iXith an appropriate herbicide, basal bark application with herbicide then allowing dead saplings to fall and be 19 consumed over time by prescribed burning and/or decomposition, or foliar spray with herbicide. • Enhance forest/woodland areas using appropriate local ecotype saplings Ind seedlings including native oaks, chokeelierry, Juneberry, gray dogwood, and American plum, as well as appropriate forest/woodland forbs and graminoids. • Control invasive non-native herbaceous vegetation with prescribed burning and/or appropriate herbicides, and encourage growth of native forest/woodland species. Oak fine Forest • Remove invasive woody vegetation as described in I above. Selectively thin existing pines to allow sunlight to penetrate the canopy and reach the forest floor in areas. • Enhance the oak -pine forest area using appropriate local ecotype saplings and seedlings including white and red oaks, chokecherry, juneberry, gray dogwood, and American plunk, as well as appropriate forbs and grainitiolds. • Control Invasive non-native lierbaccous vegetation as described in I above, and encourage growth of native species. Oak Forest • Remove Invasive woody vegetation from die existing oak forest and selectively cut aggressive native woody species as described in I above. • Enhance and restore (fry oak forest patclies within n grassland matrix, creating a r' mosaic of these two habitats. Use appropriate local ecotype saplings and seedlings of species currently occupying the area, including bur and Northern pin oak, as well as appropriate forest {orbs and graminoids. • Control invasive non-native herbaceous vegetation as described in 1 above, and encourage growth of native species. Grasslands Enhhance remnant and restored grassland areas on the site. Restore nhesic native grasslands appropriate within the site's conservation areas. This work will require appropriate site preparation and control of invasive species (e.g., broane grass and reed canary grass) using prescribed burning and appropriate herbicides. Following site preparation, soil preparation and seeding/planting with appropriate, local ecotype, native grassland species will occur. Many portions of the site can the converted to native grassland systems with moderate effort. Wetlands Enhance the existing wetland and its surrounding agronomic weed dominated buffer area to diverse native plant communities. Prior to enhancement, die wetland will require control of invasive non-native species through application of appropriate herbicides and possibly prescribed burning. Appropriate training And permits for use of selective herbicides for use in die wetland and wetland buffer will be obtained from the State Department ofAgriculture to allow these activities to 20 occur. Herbicides are not broadcast sprayed during a restoration process. Instead they are wick -applied directly to the target itulividua! plants, which uses 1/25 the quantity of herbicide and also reduced exposure risk to other biota. The species of most concern in the site wedand are the invader from Southeast Asian, Reed canary grass (Phalaris arundinancea) and a hybrid grass introduced from Europe, called Giant reed grass (Phragmites communts). Reduction of these aggressive exotic species will allow the sedge meadow, wet grassland and emergent wetlands in the property to be enhanced and restored. Introduction of locally harvested native genetic seed stocks for wetland species, and management that stimulates the native seed bank response for the appropriate for the anticipated water regime, and the surrounding buffer areas should be restored with native tnesic grassland, wet grassland, and appropriate woody vegetation. Numerous, new wetlands will be created as a result of the site's Stormwater TrcatmentTrainTlt (STD elements. Stormwater will flow into native vegetated swales and into infiltration areas (typically wet grasslands and native upland grasslands) as well as deeper mixed emergent marshes. These wetland areas will be designed, graded, and planted to provide diverse native wildlife habitat that provides stormwater management functions as well as aesthetic and wildlife benefits. 3.6 Management Stage Activities Following the first three to five years of the restoration stage, the project will transition into the management stage. The management stage is critical for maintaining the value of the Investment, perpetuating the plant community, � 1 P g p y, and maximizing the ecological and nesthetic benefits of the native plant communities. Management activities will occur within designated management units. Appropriate management tasks for the entire conservation area and within particular management units will be guided by the annual monitoring. Monitoring provides feedback on the success of the restorations and enhancements, Identifies developing problems, and is used to modify management techniques In order to achieve a higher success rate. Both long; term management and monitoring are intended to be conducted in perpetuity at South Village. In brief, long-term management of the site's conservation areas will include restoring the fire regime through prescribed burning; where appropriate. Lowland hardwood forest rarely burned historically. However, during restoration and the early phases of ongoing management, surface fires are a great help in reducing non-native plant species cover and encouraging the growth of native groundlayer species. Wetlands, forests and wet grasslands and native upland grasslands, however, would benefit: greatly from a regular schedule of prescribed burning. The Lake Champlain valley has a historic fire history and has been largely shaped by indigenous American -use of prescribed burning which has contributed to the unique flora and character of the forests, wetlands and grasslands still present m this day. Ilia goal of burn marwgentent Is to emulate the historic conditions that shaped the native plant communities In the valley. Limited use of appropriate physical (e.g., cut.ting) and chemical (e.g., herbicide)- treatments may be necessary to control invasive plant species at the site. Species of pat iculnr concern 21 observed at die site include common buckthorn, black locust, and Tartarian Honeysuckle, reed canary gross, and smooth brome. The management tasks described in Table 2 below are repeated at certain intervals for different plant communities. Repetition is necessary to ensure that the restored condition of the plant communities is maintained over the long term. Table 2. Lon&Tenn Management Activities SPOT It1-MEDIAL PLANT PRESCRIBED HERBICIDE SEEDING ANNUAL COMMUNITY BURNING TREATMENT &. MONITORING PLANTING Mesic forest 2-3 2-3 3 5 1 Brushlands 2,3 2 3 1 Oak -Pine Forest 5.7 1-2 2.3 _ 1 Oak Forest 2-3 1-2 2-3 1 Mesic On, 2.3 2.3 3-5 1 Wet Grassland Meadow 3-4 1-2 3.5 I Emergent Wetland 3-4 1,2 3.5 1 v4Um IS represent rrequency of tnsys tin years). Spot Hetbicide'I ieatnicnt and Remedial Seeding & Punting schedules assume taint prescribed buming will be cmploycd ns a restoration and manngetnent technique. If prescribed burning is not employed ns n restoration and management tcchnigtte, mowing would likely be tequired. 22 Swuw 3. A.GRXCULTURAL MANAGEMENT PLAN BY THE XNTERVALE 1.0 BAci(GROUND For the past sixteen years, the Intervale Foundation has played a leadership role in developing urban agriculture hi the City of Burlington, Vermont. Today eleven independent farmers participate in the Farm Program. A total of 110 acres produce a wide variety of crops including flowers, mixed vegetables, fruit, eggs and grains. In addition to typical farm markets like farmers' markets, restaurant and grocery stores, the Intervale has supported die development of a Community Supported Agriculture (CSA) market option. Today, five farms at die Intervale offer CSA members a weekly basket of mixed vegetables, fruits and flowers for approximately 800 families during the harvest seasons from June thru October. In return members pay a share price for die entire season. The share price provides farmers with opernting capitol in the beginning of the season and the members receive weekly baskets of the bountiful harvest throughout die growing season. Vermont Agriculture is experiencing a renaissance. While traditional farms are experiencing a loss iri farm numbers and acres in production, there is a strong growth in both farms and acres in diversified agricultural production. For many individuals interested in launching their farms, formidable barriers still exist. One key challenge particular to Chittenden County and surrounding communities is access to affordable land and capital expense associated with startup operations. 2.0 GLrNERALRECOMMEN37AFLON Farmland in South Village poses a strategic opportunity to offer one to three new farm endeavors access to highly productive agricultural land, The South Village housing development, surroundings neighbors and community access make it ideal to launch a community supported suburban farm experience including a CSA, pick your own, and farm stand operation. South Village farmland could easily incorporate a direct to consumer and/or wholesale conservation nursery as well. 3.0 FARM The land size (approximately 35 acres) and configuration (mostly flat with road frontage), and soil types could create a thriving suburban agricultural opportunity. The acres available could accommodate ample production to effectively support one to three farm operations. Due to the dose proximity to residential development the recommend a mixed vegetable and horticultural production utilizing organic, practices. It will be accessary to develop it variety of farm Infrastructure in storage, walkin coolers, hoop houses, greenhouses, farm residence, irrigation system and a variety of farm equipment, A percentage of lot sales could effectively capitalize farm infrastructure needs. Exemption and or special consideration should be nppliml to lo%Ancome units. Lki 3.1 Farm Operations The site has the potential to house one to three typical organic mixed vegetable farms producing 30.35 varieties of vegetables, herbs, cut flowers and small fruits (like strawberries and raspberries). In addition, a Conservation Nursery would be able to provide ecologically sensitive native plant material to complement the unique environmental commitment that South Village proposes. 3.2 Tyne of Products • A typical organic mixed vegetable farm produces (30.35 varieties), flowers, herbs and a variety of fruits such as strawberries, raspberries and melons. • Small fruits like strawberries and raspberries. • Cut Flowers • Native /Conservation Nursery would be able to provide ecologically sensitive plant material and complement the unique environmental commitment that South Village possesses. 3.3 Farm Recruitment Strategies It will not be difficult to find farmers to operate this parcel of land. Recent land offerings by the Vermont Land Trust in Chittendcn County had over nineteen applicants. Botli the 1=al land trust and Intervale Foundation receive numerous Inquires from individuals seeking farm opportunities in Chittenden County. Utilizing existing resources like agricultural organizations' websites, UndLink and public relation outreach should generate nmple farm candidates. A Comprehensive process and protocols for farm selection should be developed in 2005 and could be modeled after existing organizations like the Intervalc and area land trusts wlio have extensive experience in farm recruitment and selection. 3.4 Transparent Farm Management and Goals South Village residents, neiglibors and commuters will all have a strong awareness of the farm. The farm will operate -with transparent farm management policies and goals. Mutual goals should be established between the landowner, residents and the farm operators. 3.5 LongTerm Lease Agreements Utilizing a comprehensive lease agreement will provide shared understanding and expectations between the landowners and the participating farms. The agreement will include land lease/rentnl fees and term, equipment protocols (fees if appropriate), renewal, termination, revision eligibilities and liability requirements. We recommend the farm carry comprehensive liability Insurance. In addition the farmer will be required to hold harmless die property owners (indemnification). The farm will agree to follow all -written protocols, including operational provlsions. The lntervale Foundation has a comprehensive lease agreement that will serve as an excellent template. These agreements will provide the owners with appropriate land management oversight. 3.6 Restrictions All restrictions and acceptable agricultural "practices will be present in the farm lease agreement and/or protocol section. All firinecs will be required to meet organic 24 production standards as per NOFA guidelines. Due to the close proximity to the homes na livestock product will be allowed. Limited hours of operation for machinery will be outlined In protocols but all emergency clause will ensure that the farmer could operate machinery to save the farm from catastrophic loss. In addition we recognize farm odors related to compost will require restriction in its location and management practice to minimize unpleasant odor experiences. 4.0 MARm Dramatic interest in organic agriculture, Increased Interest in purchasing of local farm products and the number of CSA farmer open, tions indicate that a CSA and various direct market options would be viable for South Village. In just the past ten years, the number of certified organic farms in Vermont has grown from, 78 to 345. In the food industry die organic food products have been experiencing an annual growth rate of twenty percent since 1998. The number of CSA farmers In Vermont has grown substantially from a handful of farmers in 1990 to 40 fnrans offering this unique local access to local and/ or organic food. According to n recent Vermonter Poll conducted by tlhe University of Vermont's Rural Studies department, there Is significant interested amongst Vermonters to purchase local farm product. One of the identified barriers is access to product. These emerging consumers are becoming more health conscious and recognize the importance of access to fresh, healthy food for their families. With many small farms not structured and/ or viable, to access large grocery chains, creative and alternative shopping options like CSA's will help small farmers capture this market Interest. 4.1 Farsn Market Recommendations Community Supparted Agriculture Primary market should consist of a Community Supported Agricultural (CSA) farm model. Due to the unique nature of the South Village development and South Burlington's commitment to supporting; agricultural efforts In Its south quadrant a CSA farm would link consumers and farmers for mutual bethefit. Consumers wlll receive fresh and affordable produce and *have tlhe pleasure of being part of farm life. CSA's help farmers Increase their financial security and develop strong relationships with their farm members. On average, CSA members' households save twenty to thirty percent over typical retail prices. In addition to products produced on die farm the CSA could easily offer local meats, cheese and breads for example, which are produced In die area. South Village CSA could accommodate between 450 to 500 members. We -anticipate the farmirccruitinb members from both residents of South Village and neighbors alike. Members of the farm will build a vibrant farm community in a unique suburban setting. Typically, CSA inembers }help set the overall direction of the Farm througli n steering committee, while others contribute by helping In the fields, making phone calls or planning special events. These special events like seasonal potlucks, annual meetings, and ort farm activities enhance the connection to the farm. 25 Distribution Be�dnning In mid June through early -November produce is available on a weekly basis. The member comes to the farm and collects their share of the harvest. Designated pick-up days (twice'a week) and times (typically from 3:00 to 6:30 p.m.) provide a friendly environment to see friends and neighbors. Product variety starts in June with lettuce, salad greens, peas, broccoli, zucchini, beans, basil and strawberries. Summer months provide shareholders witli spinach, greens, baby beets, carrots, onions, tomatoes, cucumbers, peppers, tomatoes, eggplant, garlic, onions, melons and new potatoes, Fall months bring squash, pumpkins, kale, Brussels sprouts and root crops. Shire Options Members receive a portion of the hnivest based on their membership levels. Generally, Small Sljnres feed 1-2 adults, Medium shares, 2.3 adults and Large shares, 3 or more adults. The CSA could also offer subsidized memberships and working memberships. Fame Stand and Pick Your Otwi Farm stands offer a more traditional shopping experience for the consumer and help reduce marketing costs like transportation, shipping containers and wholesale handling cost for the farmers. Special consideration is required for getting customers to the f market and overcoming customers' perceptions of roadside markets as being less clean and having lower quality produce. High quality diversified crop production must meet three season (spring, summer and fall) inventoryand customer interest. Facilities need to include sales area, adequate parkins; sold roadway access. Effective and efficient market layout can attract customers, induce them to buy more, and reduce labor hours. More farm stands are incorporating agricultural experiences like pick -your own, entertainment and education. 5.0 LAND MANAGEiv Ear In evaluating the land it is apparent that the 35 acre parcel Is well suited to support a variety of agricultural endeavors and approximately seventy acres should remain In a natural state. Existing Soil types and conditions would be able to support the cultivation of a wide variety of agricultural production. The designated wetland and wildlife habitat areas will be preserved and appropriate restoration practices implemented to ensure blodiversity and encourage native plant communities provided, however, that commercial agricultural uses shall remain a permitted use in all land management areas, including but not limited to the designated wetland and wildlife habitat areas, so long as die proposed agriculture use complies with the Veimont Wetland Rttles, the most recent policies and regulations adopted by the Vermont Agency of Agriculture,. Food and Markets, and Section 3 of this Land Management Plan. 26 5.1 Soil Maintenance and Improvement Unfortunately the land has been out of agricultural production for quite sonic time. After soil analysis has been completed we strongly recommend that cultivation and cover crop activity occur in the spring and fall of 2005. All lease agreements with farmers will require an annual land management revlow. land use practices, soil amendments applied, cover crop, methods of tillage and Insect and disease control should be monitored. Farmers should meet and/or exceed organic production practices. To ensure long terns health of the soil one third of the parcel should remain in cover crop. 5.2 Commitment to Farm Operation in Perpetuity Since the farm operations will be providing critical benefits to the neighborhood and community alike we recommend that the developer and or landowners work with a land trust to identify options to ensure the land -will remain in ogriculture. Otte option to consider would be transferring development easements and stewardship oversight of a portion of the property to a land trust. This option Is being explored with the Vermont Land Trust and other appropriate entities. There are a number of land trttstr, in the local, state and national arenas, which would be very interested in partnering with this creative community development model. 5.3 Wetlands and Wildlife Habitat A wetland and wildlife habitat assessment will identify areas that will require restoration and management efforts. Due to the proximity to construction and due ecological design efforts we do not anticipate any negative Impact to sensitive areas by the farm operations. A construction protocol to mitigate any negative Impact will be included in construction contracts consistent with Federal and local requirements. Appropriate planning, regenerative practices, plantings of native plants and natural efforts will ensure the wetland and wildlife liabit:ut flourish and are compatible with the farin operations. 27 tu L ( 1 cUP= 1 . 1 CD CA O Lb l 0 �1 v..' CO dQ 57'. aen+t+rrt SOUTH VZ.VG.E COMMUN= u IMQ4VM 106YLY liCXS 16"is wKtJCar oti r►w+ C.Z DrCt'Q�LYC.CM.,k"� c»vtir.+w 'PVA Z:.-t= AhV �� =7x Y ,.� Recorded in VOL: 1263 PG: 181-A00 OJ OF So. Burlington Land Records r-� t'iL'f ns3� Donna Y,inville City Clerk it i7 )FIRST AMENDMENT TO THE DECLARATION OF COMMUNITY ASSOCIATION AND COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTH VILLAGE, A CONSERVATION COMMUNITY t� a N This First Amendment to Declaration of Community Association and Covenants, rq Conditions, and Restrictions for South Village, A Conservation Community, is made by South Is Village Conununities, LLC, a Vermont limited liability company, having its principal offices in South Burlington, Vermont, the Declarant. WHEREAS, South Village Communities, LLC has heretofore committed certain lands to a Common Interest Community, pursuant to the Vermont Common Interest Ownership Act, Title 27A, V.S.A. Chapter 17 (the "Act"); a Declaration for South Village, A Conservation Community was recorded on May 22, 2008 in Volume 815, Page 384 of the South Burlington rq City Land Records (the "Declaration"); and 01 01 WHEREAS, the Declaration provides that the Declarant anticipates amending the �? Declaration from time to time to bring it into conformance with the Plats and Plans, permits and approvals and the vision and desires of the Declarant; and CI WHEREAS, the Declarant desires to amend the Declaration accordingly; and WHEREAS, the Declarant holds at least seventy-five percent (750/0) of the votes in the Community Association. NOW THEREFORE, pursuant to the provisions of the Act and the Declaration the Declarant hereby amends the Declaration as follows: 1. Section 1.15 shall be deleted in its entirety and replaced with the following: Section 1.15. "Mixed Use Lots" shall mean Lots containing a bed and breakfast and any other commercial uses allowed under the City of South Burlington Zoning Regulations. 2. A new definition will be added to Section 1 as follows: Section 1.16. "Unit" shall mean single family and multi -family units created by one or more planned communities within South Village governed by a sub -association in accordance with Article XIX herein. The terms "Condominium Unit", and "Unit" shall be referred to collectively herein as "Units." The terms "Condominium Unit," "Condominium Units," "Condominium Unit Owner" and Condominium Unit Owners" shall be replaced with "Unit," "Units," "Unit Owner" and "Unit Owners" respectively throughout the Declaration. 3. The term "School or Community Use Lot" shall be replaced with "Mixed Use Lots" throughout the Declaration. The Mixed Use Lots are identified as Lot 11, 11A, and Lot B in Phase I, as shown on the Plats and Plans. 4. Section 4.01 shall be amended so that the second sentence is deleted and replaced with the following: "The Declarant fiuther reserves the right to create Mixed Use Lots and an agricultural operation with related facilities on the Farm Lot, together with all other amenities and improvements the Declarant deems necessary in connection with the creation of South Village." S. Section 4.03(a) shall be amended by deleting the first sentence thereof and replacing it with the following: "The Lots and Units and any Limited Common Elements assigned to a particular Lot or Unit shall be used for residential purposes only, with the exception of the Mixed Use Lots, the Farm Lot, and the undeveloped/or conserved land lots." 6. Section 4.03(b) shall be amended to read as follows: "The Lots and Units, and any Limited Common Elements assigned to them, other than the Mixed Use Lots, Farm Lot, any sales center or model Lot or Unit utilized by the Declarant, shall not be used for commercial or offices purposes, except as provided in subparagraph (a) above." 7. Section 4.03(h) shall be amended to read as follows: "Other than on the Farm Lot, the maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited, except that the keeping of stall, orderly domestic pets (e.g., dogs, cats or caged birds) not to exceed two (2) per single family ]ionic and one (1) per all other units in a multi -family structufe or condominium without the approval of the Board of Directors, is permitted, subject to the Rules and Regulations adopted by the Board of Directors from time to time; provided, however, that such pets are not kept or maintained for commercial purposes or for breeding, and provided, further, that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Property upon ten (10) days written notice from the Board of Directors. Such pets shall not be permitted upon the Common Elements unless leashed or accompanied by and tinder the control of a responsible person, and that responsible person shall be responsible for cleaning tip any mess caused by said pet. Any Lot or Unit Owner who keeps or maintains any pet upon any portion of the Property shall be deemed to have indenniified and agreed to hold the Community Association and each Lot and Unit Owner free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within South Village. All pets shall be registered and inoculated as required by law. All Lot and Unit Owners and their pets shall comply with any and all Rules and Regulations promulgated by the Board from time to time concerning pet ownership and the Conununity Land Management Plan (a copy of which is attached to the Declaration) as the same may be amended from time to time, which among other provisions, 2 prohibits dogs from the "quiet paths" in the natural areas, and requires all cats to be kept indoors." 8. Section 4.030) shall be amended by adding the following to the end thereof: "and further provided that the Owners are in compliance with the City of South Burlington fire ordinances which, among other things, limits use of a gas or charcoal grill to at least fifteen (15) feet from any structure." 9. Section 4.03(k) shall be amended by adding "as promulgated by the Board of Directors for time to time" to the second sentence, so that the section reads as follows: "Each Lot and Unit and the Conullon Elements and Limited Common Elements shall be occupied and used in compliance with the Rules and Regulations which may be promulgated and amended by the Board of Directors including regulations as to noise. Copies of the Rules and Regulations as promulgated by the Board of Directors from) time to time shall be furnished by the Board of Directors to each Lot and Unit Owner, Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be furnished to each Lot and Unit Owner upon request. By accepting a deed conveying title to a Lot or Unit in South Village, each and every Lot and Unit Owner acknowledges receipt and acceptance of the Rules and Regulations as adopted and amended by the Board of Directors." 10. Section 4.03(n) shall be amended by replacing "air conditioning Condominium Unit" with "air conditioning twit". 11. Section 4.03(p) shall be amended by adding the following to the end thereof: "Notwithstanding the foregoing, no satellite dishes are allowed on the condominium units. Satellite dishes may be allowed on other nnulti-family structures with prior Design Review Board approval which may be withheld if in its sole discretion, the Design Review Board deems a proposed installation will interfere with the visual interface between Units." 12. Section 4.03(q) shall be amended to read as follows: "No improvement or alteration to any Lot or Unit may be made which would impair the structural integrity, existing storm-%vaer drainage or mechanical systems or lessen the support of any portion of any other Lot or Unit. No exterior change shall be made to of the exterior of a Lot or Unit without the prior written consent of the Board of Directors by their designated Design Review Board and in accordance with Article XV of the Declaration." 13. Section 5.02 is hereby amended by adding the words "or Unit" after the words "Lot' or "Lots" throughout. 14. Section 8.04 is hereby amended by replacing the last paragraph therein with the following: 3 00034591 VZ 1263 PG-- 184 "As a condition of any bona -fide sale or resale of a Lot or Unit in South Village, the terms, conditions, and covenants of Article VIII of the Declaration shall apply, which, among other conditions, requires that one-half of one percent (1/2%) of the sales price as reported on the Vermont Property Transfer Tax Return at closing (the "Stewardship Contribution") of each and every subsequent conveyance of the property, be paid by the seller into a dedicated fund (the "Stewardship Fund") to be used solely for community stewardship purposes. This condition and covenant runs with the land in perpetuity. All purchase and sale agreements and deeds of conveyance shall reference Article VIII and Section 8.04 of the Declaration. The Stewardship Contribution shall be included on all subsequent closing settlement statements. A failure to abide by these covenants and conditions shall create a lien against the property in favor of the Association, acting on behalf of the Stewardship Fund. The Association, or its designee, may exercise all of the rights of the Association for the collection of Common Expenses from the Property Owner provided in Article XVIII of the Declaration, including, but not limited to, a collection action or foreclosure." 15. Section 6,01 is hereby amended by adding "Section 6.01 (r): The right to amend the Declaration to clarify ambiguities contained therein and make administrative, non - substantive revisions to the Declaration." 16. Section 15.01(a) shall be amended by adding the following to the end thereof: "The SVCDC will be guided in its decisions by the Design Review Standards adopted by the SVCDC on January 27, 2015, and in the Landscape Guidelines dated May 9, 2013, as the same may be amended from time to time, copies of which can be obtained by contacting the Property Manager for South Village. 17. Section 19.01 shall be deleted in its entirety and replaced with the following: "Section 19.01. Sub -Associations and Organizations. In addition to the Declarant's other rights contained in this Declaration, Declarant or its assignee hereby reserves the right to create sub -associations within the Planned Community to govern the Units. The sub -associations and all Owners therein shall have the benefit of and be subject to all of the conditions, terms and provisions of this Declaration, the Bylaws and any Rules and Regulations, as the same may be amended from time to time." 18. Exhibit A "Description of Lands and Premises, Covenants, Restrictions, Easements, Permits and Approvals" is hereby amended to incorporate easements, encumbrances, plats and plans that have been recorded since the Declaration was recorded in the South Burlington Land Records, as set forth on Exhibit A attached hereto. 19. Exhibit B "Plats and Plans" is hereby amended to incorporate the plats and plans attached hereto. 20. Except as otherwise provided herein, all other provisions of the Declaration shall remain in full force and effect. 21. Capitalized terms used herein shall have the meaning ascribed to them in the Declaration. 4 1:113034- 591 V - 1263 PG-. 185 4, IN WITNESS WHEREOF, the Declarant has caused thus instrument to be executed this T day of April, 2015. STATE OF VERMONT CHITTENDEN COUNTY, SS. personallylappeared Allen, LLC, Managin ember within instrument, by hinV(her st deed of Spear & Allen, LLC and South Village Communities, LLC Spear & Allen, LLC, Its Managing Member Its Du y Authorized Ag t ., in sai County and State, this / Y day of April, 2015, duly authorized agent of Spear & of Sou i e Communities, LLC, and he acknowledged the ibscr' e to be his/her free act and deed and the free act and Sou illage Conurjunities, LLC Before me, 5 Public expired 2/10/19 0 May 9, 2008 SOUTH VILLAGE A CONSERVATION COMMUNITY DECLARATION OF COMMUNITY ASSOCIATION AND COVENANTS, CONDITIONS, AND RCSTRICTIONS CITY CLERK'S OFFICE If�� ' Rocoived � 20 4at1 Recorded in Vol. Of so, Burlington Land Records Attest: Donna S. Kinvillo, ciW1 Clork May 9, 2008 SOUTI-I VILLAGE A CONSERVATION COMMUNITY TABLE; 0 F CONTENTS PREAMBLE................................................................................................................................... 2 ARTICLEI Definitions.................................................................................................................. 3 ARTICLE It Names of Community and Association..................................................................... 4 ARTICLE III Property Location and Description.......................................................................... 5 ARTICLE IV Lots and Condominium Units.................................................................................. 5 ARTICLE V Common Elements and Limited Common Elements ................................................ 9 ARTICLE VI Declarant Rights and Special Itights..................................................................... 10 ARTICLE VII Allocated Interests ................................................................................................ 12 ARTICLE VIII Restrictions on Alienation................................................................................... 13 ARTICLE IX Appurtenant Easements and Licenses.................................................................... 14 ARTICLE X Relocation of Boundaries Between Lots and Condominium Units ........................ 14 ARTICLE XI Subdivision of Lots and Condominium Units ....................................................... 15 ARTICLE XII Amendment of Declaration.................................................................................. 15 ARTICLE XIII Termination of Common Interest Community .................................................... I5 ARTICLE XIVRights of Way and Utilities.................................................................................. 16 ARTICLE XV Design Review/Community Design Committee .................................................. 16 ARTICLE XVI Membership and Voting Rights.......................................................................... 18 ARTICLE XVII Community Association Purpose ............................ ARTICLE XVIII Covenant for Nfaintenance Assessments.......................................................... l8 ARTICLE XIX Sub-Associations................................................................................................. 21 ARTICLE XX Community Ladd Management Plan .................................................................... 21 ARTICLE XXI Miscellaneous Provisions.................................................................................... 22 EXHIBIT A Description of Property, etc................................................................................. 24 EXHIBIT B Plats and Plans...................................................................................................... 31 EXI-IIBIT C South Village Community Association, Inc. Bylaws ........................................... 32 ARTICLE I Plan of Ownership............................................................................................ 32 ARTICLE 11 South Village Community Association, Tic .................................................... 32 ARTICLE III Board of Directors.......................................................................................... 36 ARTICLEIV Officers .......................................................................................................... 40 ARTICLE V Operation of the Planned Community............................................................. 42 ARTICLE VI Miscellaneous................................................................................................ 47 EXHIBIT D Land Management Plan....................................................................................... 48 EXHIBIT E Sensitive Areas........................................................................... 49 May 9, 2008 m SOUTH VILLAGE A CONS EItVA'fION COMMUNITY DECLARATION OF COMMUNITY ASSOCIATION AND COVENANTS, CONDITIONS, AND RESTRICTIONS This Declara(ion is made this day of ) 2008, by South Village Communities, LLC, a Vermont limited liability company with a principal place of business in Burlington, Chittenden County, Vermont, (the "Declarant"). The Declarant hereby submits all of the land and premises described in Exhibit A attached hereto and madc a part hereof (the "Property") to the VCI'Illollt Common Ownership Act, 27A V.S.A. Chapter 17 and hereby declares that all of (lie Property shall be held, sold and conveyed subject to the following casements, restrictions, covenants and conditions, which shall run with the Property and be binding on all of the parties having any right, title or Interest in the Property or a part thereof, their heirs, successors, executors, administrators and assigns, and shall inure to the benefit of each owner thereof. WHEREAS, the Declarant received permits and approvals to construct a Planned Community ill the City of South Burlington on the Property to be known as "South Village"; WHEREAS, South Village, as currently approved and contemplated by (lie Declarant, will contain not more than three hundred thirty four (334) residential Lots and Condominium Units, an agricultural operation, quiet paths, recreation paths, a school with athletic fields and/or a community use building, and all associated infrastructure, including but not limited to roads, sewer, water, cable, gas, electricity and any other utilities deemed necessary by the Declarant; WHEREAS, the Dcclarant currently contemplates that the three hundred thirty four (334) Lots and Condominium Units in South Village will be constructed in not less than three (3) phases over time and will include various building types, including but not limited to, detached Village Homes, Town Homes with party walls, and Condominium Units, and WHEREAS, prior to commencing Construction of South Village, the Declarant desires to create (lie Planned Community pursuant to the Vermont Coninloll Ownership Act, 27A V.S.A. Chapter 17 (the "Act"); WHEREAS, the Declarant rurilier desires to provide for the initial framework of the governance of South Village in this Declaratiol; WHEREAS, the Declarant anticipates amending this Declaration front time to time to bring this Declaration into conformance with the Plats and Plans, permits and approvals, as well as the vision and desires of the Declarant for South Village; 2 May 9, 2008 NOW THEREFORE, the Declarant clues hereby create the following Planned Community in accordance with the Act and the following terms, provisions, conditions, covenants and restrictions. ARTICLE I DEFINITIONS Section 1.01. "Act" shall ►ueall the Vermont Common Ownership Act, 27A V.S.A. Chapter 17. Section 1.02. "Community Association", "Association" shall mean and refer to the SOUTH VILLAGE COINIMUNITY ASSOCIATION, INC., its successors and assigns. Section 1.03. "Comnion Element" sliall nican all those portions of the Property 'lot included within the boundaries of a Lot, Condominium Unit or Limited Co11U11o11 Ele llent, and [lie property, interests and fights ►nclllded in tile te►'►il Co111111on Element as defined in the Act. Section 1.04. "Common Expenses" nieans expenditures made by or financial liabilities of the Association together with any allocation to reserves. Section 1.05. "Condominium Unit" shall refer to a Condominium Unit within a condominium created by a declaration of condominium within file Planned Community. A Condominium Unit shall be deemed a Lot for voting purposes within the Association, as well as f `^ for the pr►pose of assessing Common Expenses. Condominium Units shall also be assessed for those Common Expenses attributable only to the particular condominium regime. Section 1.06. "Declarant" shall mean South Viliagc Communities, LLC, and any successor in interest in the Property as developer, by virtue of any (food or other instrument of conveyance or foreclosure decree. Section 1.07. "Development Agreement" shall nican the Development Agreement between South Village Communities, LLC and the City of South Burlington dated August 9, 2007 and recorded in Volume 792 at Pages 69-70 of the South Burlington Land Records. Section 1.09. "Development Rights" shall have the sanie meaning as proscribed in 27A V.S.A. § 1-103(14) and as further defined in Article VI of this Declaration. Section 1.09. "Farm Lot" shall mean the Lot (as that term is defined in Section 1.11 below which the Declarant currently contemplates subdividing from the Property and constructing one or more farm and accessory buildings, as shown on the Plats and Plans. Section 1.10. "Limited Common Element" ►ilealls a portion of the Common 13lenients, designated in this Declaration, or on the Plats and Plans (as defined in Section 1.13 below), or by the Act, for the exclusive use of one or more but fewer than all of the Owners (as defined in Section 1.12 below). Ail allocation of a Limited Common Element to a particular Owner or Owners may not be altered without the consent of the Owner whose dwelling Lot or Condominium Unit is 3 May 9, 2008 aftceted. However, this Declaration may only be amended in accordance herewith and may not be amended in accordance with the provisions of 27A V.S.A. §2-108(b). Section 1.11. "Lot" shall refer to any subdivided lot within the Planned Community oil the Property in which there is a defensible fee simple title and it further includes all buildings and inlproveniciits thereon. Section 1.12. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot or Condominium Unit on the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. l or voting and assessillent purposes, (lie Declarant shall be (lcemed an Owner. Section 1.13. "Plats and Plans" shall niean those certain plats and plans entitled "South Village, South Burlington, Verillolit, Spear Street and Allen Road, South Burlington Vermont", prepared by Civil Engineering Associates, Inc., currently recorded and referenced in Exhibit A attached hereto, and/or to be recorded in the South Burlington land records, reduced copies of which are attached hereto as Exhibit 13 and full-size copies or which are recorded herewith, which may be amended from tilile to tinge. (collectively the "Plats and Plans"). Section 1.14. "Planned Community" shall Illeall the planned residential (levelopillent to be known as South Village to be located oil the Property as shown on the Plats and Plans. Sectloll 1.15. "School ol- Community Use Lot" shall mean the Lot (as that terlll is define(I in Section 1.11) which the Declarant currently contemplates subdividing from the Property and constructing a school or colllmunity use building, as shown on tale Plats and Plans. ARTICLE II NAMES Or COMMUNITY AND ASSOCIATION Section 2.01. Name of Community. The name of the common interest community is South Village . Section 2.02. Name of Association. The name of the Community Association is the South Village Community Association, Inc. Section 2.03. Control of the Association. (a) There shall be a period of Declarant control of the Community Association, durnig which the Declarant, or persons designated by it, may appoint and remove the officers and members of the Board of Directors. The period of Declarant control shall terminate no later than the earlier of (i) sixty (60) days alter conveyance of two hundred and one (201) Lots and Condominium Units or the conveyance of seventy-five percent (75%) of the Lots and =" Condominium Units that may be created by the Declarant (whichever is less) to Owncrs other than the Declarant or an entity controlled or owned by it; or 4 May 9, 2005 (ii) two (2) years after the Declarant or its successors in interest has ceased to offer Lots and Condom ill iLill] Units for sale in (lie ordinary course of business; or (iii) two (2) years after the right to add nc%v Lots or Condominium Units is last exercised by the Declarant; or (iv) the day the Declarant, after giving written notice to Lot and Condominium Unit Owners, records an instrument voluntarily surrendering all rights to control activities of (lie Community Association, (b) At least twenty-five percent (25%) of (lie members of the Board of Directors shall be elected by Lot and Condominium Unit Owners who are not (lie Declarant within sixty (60) clays after the sixty-seventh (67"') Lot and Condominium Unit or twenty-five percent (25%) of the total number of allowable Lots and Condominium Units (whichever is less) are conveyed to Owners other than the Declarant. At least thirty-three and one-third percent (331/3%) of the members of' the Board of Directors shall be elected by Lot and Condominium Unit Owners who are not (lie Declarant within sixty (60) days after (lie one hundred and thirty-fourth (134`') Lot and Condominium Unit or fifty percent (50%) of the total (lumber of allowable Lots and Condominium Units (whichever is less) are conveyed to Lot and Condominium Unit Owners other than the Declarant or an entity owned or controlled by it. ARTICLE Ill PROPERTY LOCATION AND DESCRIPTION Section 3.01 Municipalities. The majority of the Property is located in the City of South Burlington and a small undeveloped portion of the Properly is located in the Town of Shelburne. Section 3.02 Property Description. The Property is described in Exhibit A attached hereto and made a part hereof. ARTICLE IV LOTS AND CONDOMINIUM UNITS Section 4.01. Number of Lots and Condominium Units. The Declarant reserves the right to create up to three hundred thirty four (334) Lots and Condominium) Units. The Declaratt further reserves the right to create a school or community building on (lie School or Conuminity Use Lot, an agricultural operation with related facilities on the harm Lot, an inn/liotel, and any other use which complies with then current zoning regmlations, together with all other amenities and improvements the Declarant deems necessary in connection with the creation of South Village. Section 4.02. Identification of Lots and Condominium Units. The Lots and Condominium Units are shown on the Plats and Plans, as may be amended from tune to time. In the event of a conflict between the Plats and Plans, including but not limited to notes, illustrations, diagrams, dimensions shown thereon, and the provisions of this Declaration, the Plats and Plans shall control. 5 tM ay 9, 2008 Section 4.03. Use and Occupancy Restrictions. Subject to the Development and Special Rights reserved by Declarant herein, the following use, alienation and occupancy restrictions apply to all Lots and Condominium Units and to the Common Elements and Limited Common, Elements: (a) The Lots and Condominium Units and tiny Limited Common Elements assigned to a particular Lot or Condominium Unit shall be used for residential purposes only, with the exception of the School or Community Use Lot, the Fann Lot (which may include a farm store and potentially other Uses and buildings), the Lot containing an Iml/liotel, and a Lot which may be used as a comlllercial/office suppoit miter for the support of those Owners engaged in hoIlle occupations. With the prior written apl)i-ovtil of the Board, a Lot or Condominium Unit Owner may engage in a home occupation, as long as the use, in the sole discretion of the Board, does not adversely affect the residential character of the neighborhood, or interfere with the peacefiul occupancy of neighboring Lots and Condominium Units. if a Lot or Condominium Unit Owner is granted Im-mission to engage in a lioIilc occupation, the Lot or Condominium Unit Owner shall be solely responsible for compliance with all state and local regulations concerning commercial uses in buildings. (b) The Lots and Condominium Units, and any Limited Common Elements assigned to them, other than the School or Community Use Lot, Farm Lot, the hin/hotel Lot, any sales center or model Lots or Condominium Units utilized by the Declarant, and a Lot containing a future commercial/office support center, shall not be used for commercial or offices puiposes, except as provided in subparagral)h (a) above. t (c) Nothing shall be done or kept in any Lot or Condominium Unit or in file Common Elements or Limited Common Elements which will increase the rate of insurance for the Community Association, without the prior written consent of the Community Association. No Lot or Condominium Unit Owner shall permit anything to be done or kept in his Lot or CondominiuIil Unit or in tile Common 13Eements or Limited Common Elements which will result in the cancellation of insurance of the Community Association or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste shall be committed ill the Common Elements. (d) No offensive or unlawful use sliall be made of the Planned Community or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction there over shall be observed. All laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction there over relating to any portion of the Planned Community shall he complied with, by and at (lie sole expense of the Lot or Condominium Unit Owner or the Community Association, whichever shall have the obligation to maintain or repair such portion of the Planned Conimu lity and, if tile latter, then the cost of such compliance shall be a Common Expense. (e) No Lot or Condominium Unit Owner shall obstruct any of the Common Elements nor snail any Lot or Condominium Unit Owner store anything upon any of the Common Elements (except in those areas designated for such storage by the Board of Directors) without the approval of the Board of Directors. Nothing sliall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors. ro May 9, 2008 (1) The Common Elements shall be used only for the f imishing of (he services and lacilitics for which the same are reasonably suited and which are incident to the use and occupancy of the Lots and Condominium Units. (g) Parking regulations for the private lanes and parking areas will be established by tine Declarant or Board of Directors as required. All private lanes as well as all municipally -owned streets shall be subject to local parking; regulations; this includes all streets owned by the City of South Burlington. Public streets and private lames are subject to the winter parking ban outlined in the City of South Burlington Ordinance, Section 32, which provides as follows: "No person shall, between the hours of 12 midnight and 8 a.m. including Sundays and legal holidays, during (lie period from December I of each year to April I of the following year, park ,lily vehicle within (lie limits of any public highway of the City in Such a manner as to interfere with the prompt and orderly removal or plowing of snow, removal of ice, or sanding or salting of highways. A VIOLATION OF THIS ORDINANCE MAY MEAN A TICKET AND/Olt TOW FROM THE SOUTI-I BURLINGTON POLICE DEPARTMENT, or in the case of privates Lures, A TOW PROM TFIE ASSOCIATION. (ln) Other than on the Farm Lot and the School or Community Use Lot , the maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles orally kind, regardless of number, shall be and is prohibited on any Lot or within any Condominium Unit or upon the Common Elements or Limited Common Elements, except that the keeping of small, orderly domestic pets (e.g., (logs, cats or caged birds) not to exceed two (2) pet- single family home and one (1) per all other Lots and Condominium Units without the approva) of the Board of Directors, is permitted, subject to the Rules and Regulations adopted by the Board of Director; provided, however, that such pets are not kept or maintained for commercial purposes or for breeding, and provided, further, that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Property upon ten (10) clays written notice front the Board of Director. Such pets shall not be permitted upon the Common Elements unless leashed or accompanied by and under the control of a responsible person, and that responsible person sliall be responsible for cleaning up any mess caused by said pet. Any Lot or Condominium Unit Owner who keeps or maintains lily pet upon any portion of the Property shall be deenned to have indemnified and agreed to hold the Community Association and each Lot and Condominium Unit Owner free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Planned Community. All pets shall be registered and inoculated as required by law. All Lot and Condominium Unit Owners and their pets shall comply with the Community Land Management Plan (as that term is defined in Article XX) as the same may be amended from time to time, which among other provisions, prohibits dot_►s from the "ctulet paths" in the natural areas, innd requires all eats to be lcent indoors. (i) No signs of ally character shall be erected, posted or displayed upon, from or about any Condominium Unit, Lot, Common Elemen(s or Limited Common Elements without the prior written approval of the Board of Directors. 0) Open burning on any potion of the Planned Community Properly is prohibited. r Declarant reserves the right to establish Community "fire pit(s)" where appropriate site conditions exist and subject to applicable laws and regulations. The Farm Lot Owner may seek permission 7 May 9, 2008 from the Board of Directors to conduct open burning, provided the harm Lot Owner first obtains all local, state and federal consents. Controlled burns are allowed for ecological restoration purposes, but only as outlined in the Community Land Use Plan. Lot and Condominium Unit Owners may use gas and charcoal grills so long as the same do not unreasonably interfere with the quiet use and enjoyment of other Lot and Condominium Unit Owners. (k) Each Lot and Condominium Unit and (lie Common iilcments and Limited Common Elements shall be occupied and used in compliance with the Rules and Regulations which may be promulgated and ameildcd by (he Board of Directors including regulations as to noise. Copies of the Rules and Regulations shall be ftirnislled by the Board of Directors to each Lot and Condominium Unit Owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the tinle when the same shall become effective and copies thereof shall be fiirnislied to each Lot and Condominium Unit Owner upon request. By accenting a deed conveying title to a Lot or Condominium Unit in tile, Planned Community each and every Lot and Condominium Unit Owner acknowledges receipt and acceptance of the Rules and Regulations as adopted and amended by the Board of Directors. (1) There shall be no garbage or other waste material stored or kept in the Common or Limited Common Elements, except in tamper -proof (raccoon and other aninials proof) trash receptacles on the clay garbage is to be removed by the L.ot or Condominium Unit Owners garbage pickup and hauling company or the City of South Burlington, if the sanic provides municipal garbage service at the time. (in) No amplified music, loud musical instruments or loud radios, stereos or televisions shall be permitted in tile- Limited or Common Elements, except as permitted by the Board of Directors. Owners are reminded that municipal regulations concerning noise and nuisances are enforced in South Burlington. (it) No window air conditioning Condominium Unit may be installed in any Condominilml Unit or lvithhl any building or improvement oil ally Lot . (o) 'There shall be no storage of any kind on lawns, patios or porches, if any, with the exception of those items typically found oil lawns, porches and patios of other residential dwellings and lots in the City of South Burlington. (p) No satellite dishes or other antenna shall be installed outside of a Condominium Unit or building on a Lot without the prior written approval of the Community Association, which approval shall not be unreasonably withlield. (q) No improvement or alteration to any Lot or CondOrllirltlltll Unit may be made which would impair the structural integrity or mechanical systems or lessen the support of any portion of any other Lot or Condominium Unit. No exterior change shall be made to the exterior of a Lot or Condominium Unit without the prior written consent of the Board of Directors and in accordance with Article XV of this Declaration. (r) Exterior clothes lines on -lily Lot are subject to strict aesthetic controls and as such must be illaintained/ screened so that they cannot be viewed by anyone other than the Lot Owner. 8 May 9, 2008 (s) Each Lot and Condominium Unit and Conunon Elements and Limited Common Elements small be subject to and occupied and used in compliance wifli this Declaration, Bylaws attached hereto at Lxhibit C, and the Rules Regulations of the Community Association as may be promulgated and amended from time to time. (t) With the exception of a 'Bed and Breakfast" which has obtained all permits and approvals from the municipality is well as written approval from the Community Association, no residential Condominium Unit may be leased to or occupied by more than two (2) unrelated persons at any one time. Related persons are related by marriage, civil anion, blood or adoption. ARTICLE V COMMON CiLE-MENTS AND LIMITED COMMON ELEMENTS Section 5.01. Common Elementsand Limited Common Elements. it. A "Common Elenreut" means those portions of the real estate and/or building not included within the boundaries of a Lot or Condominium Unit, and the property, interests and rights Included in the term Common Elements as defined in (lie Act. b. A "Limited Common Element" means a portion of the Common Elements, designated in This Declaration, or on the Plats and Plans, or by the Act, for the exclusive use of one or more but fewer than all of the Owners. An allocation of a Limited Common Element to a particular owner or owners may not be altered without the consent of the owner whose Lot or Condominium Unit is affected. However, this Declaration may only be amended in accordance herewith ► nd may not be ►►mended in accordance with the provisions of 27A V.S.A. §2-108(b). Section 5.02. Party Walls and Footings. Any wall or footing which is constructed and located on the line between any Lots in South Village shall constitute a party wall or footing for the perpetual benef t and use by the respective Lot Owners. a. Maintenance and Repair. If it becomes necessary or desirable to perform maintenance thereon, or to rebuild or repair the whole or any part of a party wall or footing, such expense shall be shared equally by the Owners of (lie adjoining Lots to the extent that such costs are not satisfied from insurance proceeds. Whenever such party wall or footing, or any part thereof, shall be rebuilt, it shall be as initially constructed with materials of like quality to the original structure. All repairs, maintenance and replacement of party walls and footings shall be approved by the involved Lot Owners; provided that if such maintenance, repair or replacement is brought about solely by the neglect or willful misconduct of a particular Lot Owner, any expenses incidental thereto shall be borne solely by such Lot Owner. b. Use. A Lot Owner shall have the right to the full use of said party wail or footing for whatever purpose the party wall or footing was intended during initial construction, including lateral support. 9 May 9, 2005 C. Benefit. E-ach party wall or footing constructed in South Village is to be and shall remain a party wall or footing for the perpetual use and benefit of (lie respective Lot Owners thereof, and to their heirs, successors and assigns; said Property being conveyed subject to this condition, and this condition shall be construed to be a covenant running with the land. Each Lot Owner shall have the permanent casement to permit repair of the party wall or footing. The mortgagee of a Lot Owner shall have all the rights of the Lot Owner created in this section. d. Lien. A Lot Owner repairing a party wall or footing, and who shall pay for the same, shall have a right of a lien against the other Lot Owner sharing said party wall or footing, for repairs needed as such right of a lien is created for contractors under the laws of the State of Vermont, to the extent that said lien is legally enforceable, but in no event shall said lien have priority over the lien of any mortgagee. Section 5.03. Maintenance, Snow Removal and Lawn Mowing. With the exception of snow removal, and lawn mowing, cacti individual Lot Owner is responsible for all maintenance, repair, replacement and upkeep of tlic building and all improvements on their respective Lots, including underground utilities li•onl the Lot line to the dwelling. The Association (or the City in regard to public streets and sidewalks) shall be responsible for snow removal from front walks, driveways and alleys. HOWEVER, ALTHOUGH THE ASSOCIATION WILL USE REASONABLE, EFFORTS (WHICH MAY BE AFFECTED BY THE SEVERITY OF THE SNOW AND/OR ICE CONDITIONS, MANPOWER AND/OR EOUIPMENT PROBLEMS) To CLEAR SNOW IN A TIMELY MANNER FROM THE FRONT NVAI,KS, DRIVEWAYS AND ALLEYS, EACH LOT AND CONDOMINIUM UNIT OWNER SHAIA, TAKE PERSONAL RESPONSIBILITY FOR THE PERSONAL SAFI�:'I'Y OF ANYONE, USING A WALKWAY OR DRIVEWAY ON EACH LOT. THE ASSOcuyrION SMALL NOT BE LIABLE, IN ANY WAY FOR ANY PERSONAL INJURY, DEATII OR PIZOPER'rY DAMAGE ARISING OUT OF OR REI.,ATING TO THE CONDITION OF ANY INIPROVEII EWI'S ON ANY LOT OR PRIVATE ALLEY, INCLUDING BUT' NOT LIMITEI) TO, WALKWAYS, DRIVEWAYS OR ALLEYS IN SOUTH VILLAGE. The Association shall also be responsible for lawn mowing on all Lots. ARTICLE VI DECLARANT RIGHTS AND SPECIAL RIGHTS Section C,01. Development Rights. 'fhe Declarant for itself, its successors and assigns, hereby reserves the following Development Rights oil the Property: (a) 'file right to subdivide Lots or Condominium Units or convert Lots or Condominium Units into Common Elements of Limited Common Elements; (b) The right to add real estate to South Village; (c) The right to withdraw real estate from the Propertyand South Village; (d) The right to create Lots, Condominium Units, Common Elements and or Limited Common Elements within South Village, 10 May 9, 2008 (c) The right to construct, and otherwise complete improvements indicated on the Plats r and Plans, as amended and to construct and complete improvements described in the Public Offering Statement pursuant to 27A V.S.A. §4- l03(a)(2); (f) The right to, and an easement to, construct additional improvements on (lie Property, including but not limited to road, driveways, walkways, parking areas, lighting, utilities, landscaping, and any other improvemen(s necessary or convenient to be constructed of installed in compction with (lie construction and completion of South Village ; (g) The right to niodify or redesign any Lot or Condominium Unit prior to the first conveyance of title to said Lot or Condominium Unit to a third party bona fide purchaser; (h) The right to grant all appurtcnant caseillents and rights granted in this DeclaratioIl or any aniendmcnt hereto to the Lots and Condominium Units; (i) The right to grant casements through, over, under and across the Property for foot and vehicular traffic, for utilities servicing the Lots and the Condominium Units, including but not limited to sewer, water, drainage, gas, elce(ricity, telephone and cable television lines aiid appurtenances; (j) The right to maintain up to six (6) sales offices within any Condominium Unit, Common }dement, Limited Common Element or on any Lot within South Village and may in its sole discretion relocate said sales offices at any time; (k) The right, without limitation, to maintain sighs oil the Common Elements and on any Limited Common Element controlled by the Declarant and upon any Lot or Condominium Unit owned or controlled by the Declarant advertising South Village; (1) 'File absolute right to aniend this Declaration to accomplish any of the foregoing or any other rights reserved by the Declarant in this Declaration; (m)AII rights the Declarant would otherwise have under 27A V.S.A. §2-116; (n) The right to construct, enlarge, modify, demolish, reconstruct or reestablish any buildings or other improvements on Common Elements, Limited Common fslenients or on a Lot or Condominium Unit, provided the Declarant still owns or controls the Lot or the Condominium Unit; (o) The right to modify, change and relocate drives, roads, parking areas and structures, bridges, drainage and utility lines; (p) The exclusive right to make allocations of sewer capacity to one or more Lots or Condominium Units within the Property, and until the South Village has Uteri completed, no one may take any action which would increase the sewer usage or allotment to a Lot or Condominium Unit within tile Properly without the express written consent of the Declarant first obtained. After South Village has been completed, the Community Association nitist apl)rove any enlargement of sewer usage by a particular Owner. The Declarant shall comply with all local, state and federal permits regarding sewer allocations; (q) 'flit right to store construction material in and to enter upon the Property for any purpose during the construction and sale or rental of Lots and Condominium Units in the various phases of South Village; Section 6.02. Property and Expiration of Declarant's Rights. The Declaratit's reserved r rights set forth ill Section 6.01 above apply to the Property and sliall, unless earlier terminated by the Declarant in the Declarant's sole discretion, terminate upon the conveyance by the Declarant of the May 9, 2008 last Lot or Condominium Unit to \which Declarant or its successor and assigns holds title in South Village. Upon termination of Declarant's rights under this Section 6.02, all remaining real property not previously conveyed and not otherwise included within a Lot or Condominium Unit shall become a Common Element and the Declarant shall no longer be liable for the expenses of said real property and the Community Association shall then be liable for the expenses of said real property from the date thereof. Section 6.03. Exercise of Development Rights. The Declarant shall exercise any of its rights under this Article VI in accordance with 27A V.S.A. §2-110, unless the same may be amended or repealed, in which case the Declarant may exercise its rights under this Article VI in any manner allowed by Vermont law at that time. Section 6.04. Transfer of Development nights. The Declarant may transfer its rights contained in this Article VI in accordance with 27A V.S.A. §3-10,1, unless the same may be amended or repealed, in which case the Declarant may exercise its rights under this Article VI in any manner allowed by Vermont law at that time. ARTICLE VII ALLOCATED INT1iRESTS Section 7.01. Allocated interests. The undivided interest ("Percentage Interest") in Common Elements, and the percentage of liability for Common Fixpenses allocated to each Lot and Condominium Unit, are calculated in accordance with the formula described in Section 7.02 below. By accepting and recording a deed to a Lot or Condominium Unit, the Owner of the Lot or Condominium Unit acknowledges and agrees to tine Percentage Interest assigned to that Lot or Condominium Unit, and also agrees that the creation of new Lots and Condominium Units will change their proportionate Percentage Interest in the Common Elements and the Percentage Interest of liability for Common Expenses allocated to each Lot or Condominium Unit, and hereby accepts the same. Section 7.02. Formula for Percentage Interests. Pursuant to the Act, the allocated Percentage Interests of all Lots and Condominium Units must total one hundred percent (100%). Since South Village will be constructed in at least three (3) or more phases and/or sub -phases over tinie, all of the Percentages Interests cannot be allocated sinusltaneously. Therefore, as each Lot or Condominium Unit is completed, a Percentage Interest in the Planned Community shall be allocated to that Lot or Condominium Unit, such that the total of all of the Lots and Condominium Units then existing plus the new Lots or Condominium Units under active construction within a phase or sub -phase shall total one hundred percent (100%). As a new Lot or Condominium Unit is completed, the Percentage Interests allocated to the then existing Lots and Condominium Units shall be adjusted accordingly. The Percentage Interest allocated to each Lot and Condominium Unit shall be fixed by the Declarant. rbe determination by the Declarant may not discriminate in favor of Lots or Condominiums Units owned by the Declarant. At least annually, the Association shall send written notice to all Owners as to the change, if any, in the Percentage Interest for each Lot and Condominium Unit. Section 7.03. Reallocation of Percentage Interest Afler More Lots and Condominium Units Added. As set forth in Section 7.01 and 7.02 above, as new Lots and Condominium Units 12 May 9, 2008 are completed and added to the Planned Community, (lie Percentage Interests allocated to the then existing Lots and Condominium Units shall be adjusted. The Declarant shall allocate a Percentage Interest to the new Lots and Condominium Units in accordance with Section 7.02 above. Section 7.011. Common Assessments for Condominium Units. The Common Expense assessed against a Condominium Unit in South Village shall be in addition to a separate . gessment for the common expenses of the Condominium. ARTICLE VIII RESTRICTIONS ON ALIENATION & RESALE OF LOTS AND CONDOMINIUM UNITS Section S.01. Price Restrictions. If the resale price of any Lot or Condominium Unit is res(ricted by the permits and approvals for South Village or by local ordinance or regulation or by covenant or restriction contained in the chain of title for 'the Lot or Condominium Unit, the Owner may not sell or otherwise convey an interest in the Lot or Condominiiml Unit for consideration in excess of said restriction(s). Section 8.02 Resale Restrictions. Each Lot And Condominium Unit shall have the benefit of and be subject to all of the conditions, terms and provisions of this Declaration, the Bylaws of the Community Association, the rules and regulations of the Associations and any amendments thereto and the same shall run with the title to cacti Lot and Condominium Unit. Furthermore, a Lot or Condominium Unit may not be conveyed pursuant to a time-sharing arrangement described in Section 1- 103(29) of the Act. Section 8.03. Leasing Restrictions. (a) Other than the School or Community Use Lot Owner and Farm Lot Owner, no Lot or Condominium Unit Owner shall lease a Lot or Condominium Unit or portion thereof other than on a written form of lease approved by the Community Association, requiring the lessee to comply with the Declaration, the Bylaws and the Rules and Regulations of the Community Association, as the same may be amended from time to time, and providing further that failure to comply with the same constitutes a default under the lease. The Community Association shall be given prior written notice of any rentals of a Lot or Condominium Unit. Lot and Condominium Unit Owners may not lease any Lot or Condominium Unit for less than a six (6) month term. No Lot or Condominium Unit is to be leased or occupied by more than two (2) unrelated persons at any one time. No portion of any Lot or Condominium Unit other than the entire Lot or Condominium Unit shall be leased for any period. (b) The Lot or Condominium Unit Owner shall be responsible for any damage, destruction or misuse of ttne Common Elements or Limited Common Elements by the tenant, sub- tenant or their permitted occupants of that Lot or Condominium Unit. (c) If a tenant of a Lot or Condominium Unit Owner violates the provisions of the Declaration, this Amendment, the Bylaws of the Rules and Regulations of the Community Association, in addition to exercising its right in accord with subparagraph (b) above, the Community Association may: 13 May 9, 2008 (i) after giving notice to the tenant and the Lot ol- Condominium Unit Owner and an opportunity for the same to be heard, levy reasonable fines against the tenant for violations; (ii) enforce any other rights agallist the tenant for the violation which the Lot or Colndominiunl Unit Owner as landlord could lawfully have exercised directly against the Lot or Condominium Unit Owner, or both. Section 8.04. South Village Stewardship Puled; Resale of Lots and Condominium Units. Declarant hereby establishes a South Village Stewardship Fund (Stewardship Fund). Tile purposes of the Stewardship Fund are as follows. (a) 'I'o support on -site agriculture, ecological restoration, wildlife protection, and tine management and maintenance of open and conservation lands, including the goals of the Commuri ty Land Management Ilan (Schedule D); (b) To Slll)I)01't Oil-SitC CnVirOnlneiltal education, and education and cultural programs generally that serve and enrich the residents and neighbors of South Village; (c)To support related activities which are consistent with the community goals of South Village as determined by the trustees or managers of the Stewardship Fund or Funds. As it condition of any bona fide sale or resale of a Lot or Condominium Unit in South Village, one half of one percent (.5%) of the Base Purchase Price of the Lot or Condominium Unit, (prior to and exclusive of any upgrades, closing offsets, reductions or apportionments), shall be paid by the seller into a dedicated Stewardship Pund(s), to be used solely for community stewardship purposes as described above. These conditions and covenants run with the land and shall apply to all sales of Lots and Condominium Units. All deeds of conveyance shall reference this Article and Section 8.04. A failure to abide by these covenants and conditions shall create a lien against the Lot or Condominium Unit in favor of the Association, acting oil behalf of the Stewardship Fund, in the amount of the required contribution. The Association, or its designee, may exercise all of the rights of the Association for (lie collection OfC'onlmon Expenses from the Property Owner provided in Article XVI1I of this Declaration, including, but not limited to, a collection action or foreclosure. ARTICLE IX APPURTENANT EASEMENT'S AND LICENSES Section 9.01. Appurtemint Easements and Licenses. The casements and licenses appurtenant to and those included in South Village are set forth on Exhibit A, attached hereto and made a part ilcreof, which may be amended from time to time pursuant to Declarant's exercise of its rights hereunder. ARTICLE X RELOCATION OF BOUNDARIIsS BETWEEN LOTS AND CONDOMINIUM UNITS Section 10.01. Relocation of Boundaries and Expenses. In the event the Owner or Owners of a Lot or Condominium Unit apply to the Board of Directors to relocate the boundary of a Lot or Condominium Unit pursuant to 27A V.S.A. §2-1 12, and the Board determines, in its sole discretion, that that the relocation of the boundary is reasonable, all costs, including 14 flay 9, 2008 attorneys fees and recording fees, shall be paid by the Owner or Owners that requested the boundary relocation. ARTICLE XI SUBDIVISION OF LOTS AND CONDOMINIUM UNITS Section 11.01. Dcclarant's Right to Subdivide Lots and Condominium Units. The Declarant reserves an absolute right to, in its sole discretion, subdivide any Lot of Comloininium Unit in South Village prior to the co►lYeyance of title to said Lot or Condomiiliiini Unit to a bomfide third party purchaser. Section 11.02. Owner's Right to Subdivide Lots of Condoininitilll Units. 1 xcept as set forth in Section 11.01 above, no Lot or Condominium Unit may be subdivided without (lie approval of eighty-five (85%) of the owners of the Lots and Condoininium Units within South Village and upotl receipt of all local and state approvals to accomplish the same. Any mid all costs associated with subdividing a Lot or Condominium Unit sliall be bonie by the owner of said Lot or Condominium Unit, including but not limited to Community Association attonicy's fees and all recording fees. ARTICLE XII AMENDMENTOF DECLARATION Sccdotl 12.01. Amendment And Vote Needed. With the exception of amendments by the ` Declarant pursuant to Sections 6.01, 6.02, 6.03, 6.04, 7.01, 7.02, 7.03, and 11.01 of this Declaration, (which the Declarant may amend at its sole discretion, and without any approval of Owners or Associations) this Declaration, including the Plats and Plans, may be amended only by vote or agreement of owners of Lots and Condoniiiihim Units to which at least seventy-five percent (75%) of the votes in the Community Association are allocated. Section 12.02. Effective Upon Recording. Ali ainendnient to this Declaration properly adopted pursuant to Section 12.01 above shall not be effective unless and mitil recorded in the City of South Burlington Land Records. Section 12.03. Amending Declarant's Rights. Notwithstanding the provisions of Section 12.01 above, the Declarant's rights set forth in Article VI of this Declaration play not be allierlcied without (lie consent of the Declarant. ARTICLE, X111 TERMINATION Or COMMON INTEREST COMMUNITY Section 13.01. Vote Needed to Terminite. Except in the case of taking of all of the Lots and Condominium Units by eminent domain, the Planned Community may only be terminated by agreement and vote of one hundred percent (100%) of the Lot and Condominium Unit Owner's to termnlate. 15 May 9, 2008 ARTICLL XIV RIGHTS OF WAY AND U'CIl_,i'l'i1S Section 14.01. Rights of Way alul Utilities. Declarant flocs hcreby establish and create for the benefit of the Property, and does hereby grant, give, and convey to each and every , individual or entity hereinafter owning any Lot or Condominium Ullit on the Property, the following lion -exclusive casements, licenses, rights and privileges: (a) Right of way for ingress and egress, by vellicle or oil foot, in, to, upon, over, and under the roadways, parking areas and paths, slow or hereafter to be constructed or established oil the Property, for all purposes for which roadways and paths are commonly used, ilicludilig the transportation of construction materials for tise by the Declarant, unless terminated by the Declarant. (b) Itiglit to connect with, make use of and, if necessary, to maintain, repair, and replace underground utility lines, pipes, conduits, sewer and drainage lines, which may firom time to time be in or along the roads or in other areas of the Property; provided that all damage caused by the exercise of such right is promptly repaired, including, without limitation, the restoration of all surface areas to their condition immediately prior to such exercise. (c) 'me easements, licenses, rights, and privileges, established and created by this section shall be for the benefit of and restricted solely to the Declarant and Owners from time to time of Lots and Condominium Units ill South Village, their terlants and guests, \VIIO 11iive the legal right to occupy said Lots and Condominium Units. Furthermore (lie Owners' casements, licenses, rights and privileges in any roadway, right of way, pathway or parking area hereunder shall be subordinate to the interests of the City of South Burlington in the event that any of the same are dedicated to tine City of South Burlington. (d) Each purchaser of a Lot or Condominium Unit takes title subject to all rights of way, permits, conditions, comiants, approvals, restrictions and casements of record, glut/or lines, poles, wires, guys, pipes, and valves already in place (underground or overhead), for water, sewer, electricity, telephone and cable TV. (c) Each purchaser of a Lot or Condominium Unit takes title subject to all drainage swales, culverts and lines running over, under, or across the Property. (0 Until such tinie-as the roads, water lines alld sewer system are. taken over by the City of South Burlington, they shall be mailltailled, repaired, and managed by the Community Association. ARTICLE XV DESIGN REVIE Section 15.01. South Village Community Design Committee. !` (a) The Declarant hereby establishes the South Villagc Community Design Committee ("SVCDC") for the Property. 16 Nlay 9, 2008 (b) The SVCDC will consist of three (3) members, one member designated Chairman and one as Secretary. The Declarant shall appoint the initial members of the SVCDC, and until the Declarant or its successors and assigns has completed construction of (lie entire South Village project oil the Property, Declarant shall have the right to rcncw the terms of those members. Upon completion of the Soutil Village project on the Property, all three (3) members may be appointed by the Community Association. (c) All of the Property described herein shall be subject to the architectural controls and conditions described in this Declaration, including but not limited to the School or Community Use Lot and the Fenn Lot. (d) Excepting the Declarant, no building, fence, wall, hedge, tree or other structure shall be commenced, erected, or maintained upon any Lot, or ally part thereof, nor shall any exterior addition to, or change or alteration therein (including exterior finish or trim), be made to any building, structure or other improvement on any Lot until the plans and specifications showing the nature, kind, shape, color, height, materials, and location of the same shall have been Submitted and approved in writing by the SVCDC. In the event the SVCDC tails to approve or disapprove such design and location within thirty (30) clays after said plalls and specifications are submitted to it, r approval will not be required, alld this section Will be deemed to havc been rally complied with. (e) The Committee shall meet upon call by the Chairman, and in his/her absence, upon call by the Chairman Pro Tem, who shall be so designated by the Chairman. Committee meeting to be at time and place convenient to a majority of the members. A quorum shall consist of all three members, and a quorum shall be necessary to carry out Rilictions of the Collmlittee. (f) Excepting the Declarant, no sigh may be erected, illstalled, or placed anywhere on the Property, or oil any building or other structure thereon, unless the shape, size, material, color, wording, and design of said sign has been submitted to and approved by the SVCDC in writing in accordance with this Section 15.01, and the sigh is in compliance with all federal, state and local ordinances and regulations. (g) If, in the reasonable opinion of the SVCDC, the landscaping of a Lot or Condominium Unit and/or exterior appearance of a building ol• other structure oil a Lot, or a Condominium Unit is not being maintained ill a reasonable manner, and such lack of maintenance or repair is visible to other owners within South Village or visible to the general public, the SVCDC shall have the right, upon 30 days written notice to the offending oWner(s), to have the maintenance or repair perfo►►lied by the Community Association. If the owner(s) fails to carry out the repair or maintenance ill a timely manner, the cost of said maintenance, or repair E 17 May 9, 2008 shall be deemed a duly authorized and voted upon "supplemental assessment" and lien against the Lot or Condomilliunl Unit. ARTICLE XVI MEMBERS1-111' AND VOTING RIGHTS Section 16.01. Membership. If completed as currently contemplated, the Community Association shall have three hundred thirty four (3341) memberships. The Declarant shall initially hold all three hundred thirty 16ur (334) memberships. As Declarant conveys a Lot or Condominium Unit on the Property, the purchaser of that Lot or Condominium Unit shall automatically acquire the corresponding memberships of that Lot of Condominium l Unlit in the Community Association, and the iminber of incinberships in the Counnitmity Association held by Declarant shall be reduced accordingly. Lot and Condominium Unit Owners acknowledge and agree by acceptance of a deed to a Lot or Comlominiull Unit that a membership is not the equivalent of it Percentage Intcrest allocation under Article VII of this Declaration and that although each Lot and Condominium Unit Owner will be granted one (1) membership in the Planned Coninwnity, the undivided Percentage Interests of the Common Elements and the liability for Common Expenses will vary and be based upon the Percentage Interest allocated to the Lot or Condominium Unit as designated by the Declarant in accordance with Article VII of this Declaration. Section 16.02. Voting Rights. The Comnmity Association shall have one (1) class of voting membership. Members in (lie Community Associmion shall be entitled to one (1) vote for f cach membership. When more than one person holds all interest in any Lot of Condominium Unit, that Lot or Condominium Unit shall still only have one (1) vote and the owners of the Lot or Colidonlinillnl Unit must designate one owner to cast the vote on behalf of the Lot or CQildonlitlillill Unit. ARTICLE' XVII COMMUNITY ASSOCIATION PUIUPOSE, Section 17.01. Purpose. The purpose of the Community Association is to repair, maintain, replace, and otherwise care for, insure and manage the Common Elements to be developed by Declarant and to be deeded to the Community Association for the benefit of its Members, in addition to the rights of the Community Association. Tile Association is also responsible for certain snow removal and lawn mowing duties on individual Lots pursuant to Section 5.03. Except for future development rights, casements, and rights of way reserved by Declarant said Common Elemcrits shall be used exclusively by the Owners of the Lots and Condominium Units in South Village, and by their tenants, invitees, guests and employees. ARTICLE, XVIII COVENANT FOR MAINTENANCE ASSESSMENTS Section 18.01. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot or Condominium Unit owned on the Property, hereby covenants, and each Owner of any Lot or Condominium Unit by acccptance of a deed therefor, whether or not it sliall be so expressed in such deed, is deemed to covenant and agree to pay to the Community R May 9, 2008 Association: (a) annual assessments or charges, and (b) special or supplemental assessments for operating expenses and capital improvciilents, illcludilig all expenses needed for Common At-ca, resource coIlservationl and conservation costs, such assessments to be established and collected as liereinaller provided. The annual and special or suppleIllental assessments, together with interest, costs and reasonable attorticys' fees, shall be a charge oil the land and shall be a continuing lien upon the Lot or Condonlilliuill Unit against which each such Assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person or entity who was the Owner of such property at the time when the assessment fell duo, nil it voluntary conveyance, the grantee of the Lot or Condominium Unit shall be jointly and severally liable with the grantor of said Lot or Condominium Unlit for all unpaid assessments against the latter for his/leer ,;have of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefore. However, any such grantee shall be entitled to a statement Cron the manager or Board of Directors of the Community Association, selling rorth the annount of the unpaid assessments against the grantor and the grantee shall not be liable for, not, shall the Lot or Colldonnluium Unit conveyed be sttbjcct to it lien for, any unpaid assessments against the grantor in excess of the amount therein set forth. Section 18.02. Purpose of Assessments. The assessnents levied by the Community Association shall be used exclusively for the repair, rcplaccmcilt, maintenance, insurance and operation of the Connnlon Elements, in addition to the other rights of the Community Association under this Declaration, and the payment of real estate taxes and other municipal assessillents upon the Common Elements. Section 18.03. Budget and Annual and Supplemental Assessment. The Board of Directors may fix tine annual budget of the Community Association. The Board of Directors shall within thirty (30) days after (lie adoption of the budget send it written summary of the budget to all owners of Lots and Condonlilnitim Units in the Planned Community and a meeting of the Lot and Condominium Unlit Owners shall be held within fourteen (14) days of receiving the mailing of (lie written suninia y to ratify the budget. The budget shall be ratified at the meeting unless sixty-seven (67%) of the Lot and Condonliniull1 Unit Owners reject tile, budget at said meeting. The budget adopted by the Board shall bean amount determined by it necessary to pay any and all of the costs and expenses of the Community Association. If during any fiscal year the Board of Directors deternitines that the annual assessments to Lot and Condominium Unlit Owners for that year are less than operating expenses actually incurred or likely to be incurred, the Board may adopt a supplemental budget. Said sttpplcnlental budget shall be adopted and ratillcd in the same manner as the initial budget for that year. Upon the ratification of the supplemental budget, (lie Board may assess (lie Lot or Condominium Unit Owners it supplemental or special assessment for the additional sums stated in the supplemental budget. Section 18.04. Special Assessments for Capital Improvemetlts. [it addition to the annual assessments and supplemental assessments authorizes[ above, the Community Association may levy a capital assessment covering it period either lounger or shorter than the year in which it is voted for the purpose of paying the costs of construction, recolnstniction, adding to, replacing, or otherwise improving a capital improvement upon the Community Association property (including fixtures and personal property) provided that same is dntly adopted by the Members at any annual or special meeting called for (lie purpose and that at least sixty-seven percent (67%) 19 May 9, 2008 of the Owners in the Community Association at the time approve such capital assessment. Such it capital assessment shall be payable in accordance with the resolution authorizing the same. Section 18.05. Rates of Assessment. Both annual and special or supplemental assessments shall be fixed for all Lots and Condominium Units using; the following formula, and may be collected on a monthly basis: Tlie Percentage Interest in (lie Planned Community for each Lot or Condominium Unit multiplied by the total annual or special assessment equals the sliare assessed to that Lot or Condominium Unit. The Community Association shall keep reasonable and accurate records to properly and Iairly allocate the Common Expenses between Owners. The Farm Lot shall not be subject to the regular annual or supplemental assessments applicable to other Lots and Condominium Units. However, the Farm Lot will be required to pay for utility services directly used by the Farm Lot, and to pay for constructionand maintenance costs associated with buildings, fences, other structures and farm operations at the Farm Lot. Any assessments made against the Farm Lot and the uses thereon shall be determined and levied by the Board of Directors of the Community Association. Tile School or Community Use Lot shall not be subject to regular annual or supplemental assessments applicable to other Lots and Condominium Units. However, the School or Community Use Lot will be required to pay reasonable assessments for the cost of maintenance and repair of the roads, parking and infrastructure servings the building(s) located thereon, as determined by the Board of Directors of (lie Community Association. Section 18.06. Date of Commencement of Annual Assessments; Due Dates, Each Lot and Condominium Unit Owner will be responsible for paying assessments and dues on a prorated basis for the remainder of the calendar year in which each Lot and Condominium Unit is transferred. In addition, (he annual assessment provided for herein shall commence as to any Lot or Condominium Unit which is completed and ready for occupancy on the first day of January in each year. 'fhc Board of Directors shall (ix the amount of the annual assessment against cacti Lot or Condominium Unit at least thirty (30) days in advance of each annual assessment. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date shall be the first day of each month unless otherwise established by the Board of Directors. The Community Association shall, upon demand, and for a reasonable charge, furnish a Certificate, signed by an officer of the Community Association, setting forth whether the assessments of a specified Lot or Condominium Unit have been paid; notwitlistanding the foregoing, the Community Association shall furnish such a certificate upon written request of any mortgagee and shall not charge a fee or premium to any mortgagee for the furnishings of such certificate. A properly executed Certificate of the Community Association as to the status of assessments on a Lot or Condominium Unit must be sent within ten (10) business days of receipt of the request and is binding upon the Community Association, the I3oard and every other Owner as of the date of its issuance. 20 May 9, 2008 Section 18.07. Effect of Nonpayment of Assessments; Remedies of the Association. If ati Owlier fails to pay any assessment when it is duc, the delinquent amount shall accrue interest from the due date until the date payment is made at eighteen percent (18%) pet' amlum or at the highest legal rate of interest allowed, whichever is less, and further, in the event collection is required, the Owner shall, in addition to interest, be responsible for any attorneys' Pecs or costs in connection with the collection of same, including the cost of foreclosure, if Necessary. The Community Association may bring an action at law against the Owner personally obligated to pay the sank, or foreclose the lien against the Lot or Condominium Unit. No Owner may waive or otherwise escape liability for the assessnicnts provided for herein by non-use of tile Common Elements or abandonnient of his/her Lot or Condominium Unit. Section 18.08. Subordination of the Lien to Mortgages and Condominium. nic lice for the assessments provided for herein shall be subordinate to the lien of any first mortgage and to the lien of any Condominium Association on the Property. Sale or transfer of any Lot or Condominium Unit shall not affect the assessment lien. However, the sale or transfer of any Lot of Colldotllinium Unit pursuant to lllortgage foreclosure, or any proceeding in lice thereof, shall extinguish the lien for such assessments as to payments which became due prior to such sale or transfer, and the status of assessments on a Lot or Condominium Unit is binding upon the Community Association as of (lie date of its issuance. The unpaid share of comllon expenses or assessments shall be considered common expenses collectible rroni all of the Lot or Colldomillitilil Unit Owners including the acquirer, his/her successors and assigns. Section 18.09. Assessments and/or Charges for Future Development by Declarant. f' Notwithstanding any provisions in Section 18.01 through Section 18.09 to tie contrary, no annual <tssessnielits or charges or special or supplemental assessments shall be used by the Community Association in connection with ftiltrre development oil the Property by the Declarant, or to pay for any repairs or reconstruction necessitated by future (level opnletit of the Declarant. ARTICLE XIX SUB -ASSOCIATIONS Section 19.01. Sub -Associations and Organizations. In addition to the Dcclarant's other rights contained in this Declaration, the Declarant hereby reserves the right to create Sub - Associations within the Planned Community to govern the nizllti-family Condoiltiniun buildings that are currently approved and contemplated by the Declarant as part of the Planned Community. The Sub -Associations, and all Condominium Unit Owners therein, shall have the beileftt of and be subject to all of the conditions, terms and provisions of this Declaration, the Bylaws of the Community Association, the rules and regulations of the Associations and any amendments thereto. ARTICLE XX COMMUNITY LAND MANAGEMENT PLAN Section 20.01. Community i,and Management Platt. 1'lle terms, provisions, conditions, covenants and restrictions contaitled its that certain land management plats entitled "South Village, South Burlington, Verniont, Community Land Management Platt" dated November 21 May 9, 2008 2004 and revised February 8, 2005, October 13, 2005 and May 9, 2006, a copy of which is !' attached hereto as exhibit D ("Coll,Intilllty Land Management Plan", which may be modified by the Declarant on a going forward basis), is hereby incorporated by reference and madc a part of this Declaration. Furthermore, the conditions and restrictions contained in the Land Management Plan shall still with Property and each Lot and Condominium Unit shall be conveyed subject to and with the benefit of the conditions and restrictions of the Land Management Plan. ARTICLE XX1 MISCELLANEOUS PROVISIONS Section 21.01. 'I own & State Approvals & Permits. 'I'Ilc Community Association, and all Lot and Condonlinitilll Unit Owners therein, have the benefit of and are subject to all of the conditions, terms and provisions of the Development Agreement and pennits and approvals fl•onl the City of* Sotith 13tirlington and the State of Vermont, and any anicndnients thereto, including, but linlited to everything describes! in EXHIBIT A, DESCRIPTION OF LANDS AND PREMISES, COVENANTS, RESTRICTIONS, EASEMENT'S, PERMITS AND APPROVALS attached hereto and madea part hereof by reference. Reference is expressly made to the conditions and restrictions concerning two archeologically sensitive areas described in Land Use Permit i14C 1160R-1, and shown on Exhibit F attached hereto. Conditions It 29 through 1137 of said permit require the two archeologically sensitive areas to be idclriificd, platted, and proteeted by buffer areas. In addition, the permit prohibits any disturbance of the ground within these areas, rcgtiires perluailent markers ("no ground disturbance permitted" and "archeologically sensitive areas- No ground disturbance permitted"), and exclusionary fences to protect the areas during any construction activity near the sites. Tile Community Association and the Lot and Condominium Unit Owners have ail ongoing obligation to ensure compliance with all applicable laws, regulations and permit requireillents, including those listed above. Section 21.02. Enforcement. 'file Declarant, tile Community Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant, the Community Association or by any Owner to enforce ,Illy covenant or restriction herein contained shall in no event be deemcd a waiver of the right to do so thereafler. In addition, if (lie violation of the covenant, restriction, or condition is also a violation of any state or local permit or approval, the applicable governmental body shall have the right to enforce ally such condition or restriction. These rights to enforce specifically include the rights of the Declarant and the Community Association to require that each Owner maintain its Condominium Unit and/or Lot in good repair and in a neat and well kept state, including but not litllited to maintenance and repair of all roofing, siding, fencing, landscaping, painting, exterior openings, porches and decks. Nothing in this provision is intended to replace or limit the authority of the South Village Conlnninity Design Committee, as set forth above. 22 May 9, 2008 A, Section 21.03. Ilivalidity. If any provision of this Declaration is held invalid, the invalidity thereof shall not affect ,lily provisions of this Declaration which can be given effect without the invalid provisions, alai to this end the provisions of this Declaration are severable. Section 21.04.' Waiver. No provision of this Declaration shall be deemed to have been waived by reason of any failure to enforce, regardless of (lie occurrence of violations or breaches From time to time. Section 21.05. Acceptance of't'itle. The Community Association shall accept the legal title by deed of the Collillloll Eielllelits from Declarant when it conveys (lie same to the Community Association oil or before the completion of construction oil the Property by Declarant, its successors or assigns, provided that title to the Common Elements at the time of such conveyance is free from liens or encumbrances, causing title to be unmarketable. This conveyance by Declarant, its successors or assigns shall be Subject to all rights of way, casements, restrictiolls, covellai11S, permits, approvals, IiCCIiSCS, leases and conditions of record. Section 21.06, Capitalized Terms. Except as otherwise set forth in Article I, all capitalized tcrnis used in this Declaration .hail have the definitions provided ill the Act. Section 21.07. lieadings. The headings in this Declaration are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. WITNESS WHE EOr, the Declarant has causes{ this Declaration to be executed on tIIi��ay or- � -2_, 2008. By: UTH VI L.AGE i U 'PIES, LLC, a ermont mite it' company Its duly authorized agent STATE Or VERMONT CHITTENDEN COUNTY, SS. s-r' At � t (' , in said County, this clay of , 2008, personally —A— appeared D� id Schcucr, the duly authorized agent of South Village ommunitlCS, LLC, and lie acknowledged this instrument, by him, to be Ili fie and deed a • its duly authorized agent and the free act and (iced of South Village Conlmun' Ies, LI,C. , Before me Notary Public 23 May 9, 2008 EXHIBIT A DESCRIPTION OF LANDS AND PREMISES, COVENANTS, RESTRICTIONS, CASEMENTS, PERMITS AND APPROVALS 13cing a parcel of land containing approximately 226.79 acres, more or less, situated on the easterly side of Spear Street in South Burlington and Shelburne, Vermont, and being all and the sannc land and premises conveyed to South Village Communities, LLC by Warranty Deed from Paul R. Calkins, dated November 29, 2007, and recorded in Volume 801, Pages 465-466 of the City of South Burlington Land Records, and in Volume 3,18, Pages 41 6-417 of (lie Town of Shelburne Land Records. Being also all and the same land and premises conveycd to Paul R. Calkins by Warranty Deed of Paul R. Calkins, Ti-USlee of the Downing -Calkins Revocablc Trust, dated December 2, 1997 and recorded on December 12, 1997 in Volume 419, Pages ,154-455 of the South Burlington Land Records, and Volume 210, Pages 106-107 of the Town of Shelburne Land Records, and being more particularly described therein as follows: "Being all of those same lands and premises conveyed to the Grantor herein, Paul R. Calkins, Trustee of the DONNINUNG - CALKINS REVOCABLE TRUST dated September 1, 1984, by the Warranty Deed of Marley D. Downing and Rena A. Calkins, dated September 1, 1984 and recorded in Book 209 at Pages 68-69 of (lie South Burlington Land Records, and ui Book 87 at Pages 350-351 of the Shelburne Land Records, wherein said lands and premises are more Particularly described as follows: 1113eing certain premises consisting of 242 acres (sic), more or less, with the buildings and improvements thereon and (lie contents therein, located on the easterly side of Spear Street, so- called, and being all of those same lands and premises conveyed to (lie Grantors herein, Harley D. Downing and Rena E. Calkins, by Warranty Deed of Sand Dunes Realty Corporation dated yNlay 17, 19,15 and recorded ice Book 20 at Page 55 of the South Burlington Land Records and also recorded in the Shelburne Land Records and being all of those same lands and premises conveyed to Sand Dunes Realty Corporation by deed of Rachel S. Fuller, Executrix, by deed dated September 17, 1943 and recorded inn Book 18 at Pages 109-1 11 of the South Burlington Land Records, and in Book 28 at Pages 557-559 of (lie Miscellaneous Records of the Town of Shelburne." Reference is hereby made to the aforementioned deeds and their records, and to all prior deeds and their records, for a furthcr and more complete description of the lands and premises herein conveyed. The land and premises described herein are further shown and depicted on a series of plats and plaits prepared by Civil Engineering Associates, Inc., recorded in the City of South Burlington Land Records, including those entitled "Phase 1 Subdivision Plat, Master Plat Plan, Master Plan Pleasing, Master Plan Phasing North, Master Plan Phasing South, Master Plan Pleasing East, and recorded in Map Slide 503, Pages 3, 4, 5, and 6, in Map Slide 504, Pages 24 May 9, 2008 hand 2, in Map Slide 506, Pages 4 and 5, and the most recent revision in Mal) Slide 514, Page I of the City of South Burlington Land Records. The land and prenlises ace subject to and have (lie benefit ofthe casements, rights of way, covenants, restrictions, permits, approvals, conditions, regulations, rules and encumbrances of record, including the following, all as may be revised, updated or replaced from time -to -time: I. EASEMENTS AND RIGHTS OF WAY: a) Easements and rights granted to Vermont Electric Power Company, Inc. as described in the Findings and Order of the State of Vermont Public Service Board dated December 30, 1976 in (lie matter Vernmiit Electric Power Compaq),, Ine. v. Rena E. Calkins and Harley D. Downing, Docket No. 3828, recorded on January 11, 1977 in Volume 131, Page 19 of the City of South Burlington Land Records, and as described in the Supplemental Findings and Order of the Vermont Public Service Board in the said platter dated January 4, 1977 and recorded on January 11, 1977 in Volume 131, Page 31 of the aforesaid Land Records; b) Easement Deed of Paul R. Calkins to Green Mountain Power Corporation and Verizon ,rcleplhone Company dated December 6, 2001 and recorded in Volume 531, Page 267 of the aforesaid Lund Records. c) Easements and rights of way shown and depicted oil (lie following plans of record: i) "Master Plat Plan, South Village, Spear Street and Alien Road, South Burlington, VT," Drawing Number S 1.0, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised June 1, 2005 and recorded on June 8, 2005 in Map Slide 456, Page 5 of the aforesaid Land Records; ii) "Master Plan Phasing, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1. 1, prepared by Civil Engineering Associates, Inc., dated June, 2004, last revised June I, 2005 and recorded on June 8, 2005 in Map Slide 456, Page 6 of the aforesaid Land Records; iii) "Master Plat Plan, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.0, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised June 1, 2005 and recorded oil September 21, 2005 in Map Slide 461, Page 6 of the aforesaid Land Records; iv) "Master Plan Phasing, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S1.1, prepared by Civil Engineering Associates, Inc., dated June, 2004, last revised June 1, 2005 and recorded oil September 21, 2005 in Map Slide 462, Page I of the aforesaid Land Records; 25 May 9, 2008 ` v) "Master Plat Plan, Soutl► Village, Spear Street and Allen Road, South Burlington, VT," Drawing Numbcr S 1.0, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised June 1, 2005 and recorded on August 17, 2005 in Map Slide 464, Page 1 of the aforesaid Land Itecords; vi) "Master flan Phasing, South Village, Spear Street and Allen Road, South Burlington, V'1', Drawing Number S 1. 1, prepared by Civil Engineering Associates, Inc., dated June, 2004, last revised June 1, 2005 and recorded on October 19, 2005 in Map Slide 464, Page 2 of the aforesaid Land Records; vii) "I'hase I Subdivision Plat, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S1.3, prepared by Civil Engineering Associa(es, h►c., dated July, 2004, last revised August 8, 2007 and recorded on August 10, 2007 in Mal) Slide 503, Page 3 of the aforesaid Land Records; viii) "Master Plat Flan, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.0, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised August 7, 2007 and recorded on August 10, 2007 in Map Slide 503, Page 4 of the aforesaid Land Records; ix) "Master Plan Phasing, South Village, Spear Street and Allen Road, South 131irlington, VT," Drawing Number S 1.1, prepared by Civil Engineering Associates, [►ic., dated June, 20011, last revised August 7, 2007 and recorded on August 10, 2007 in Map Slide 503, Page 5 of the aforesaid Land Records; x) "Master flan Phasing North, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.2, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised August 7, 2007 and recorded on August 10, 2007 in Map Slide 503, Page 6 of the aforesaid Land Records; xi) "Master I'la,, Phasing South, South Village, Spear Street and Alien Road, South Burlington, V'I'," Drawing Number S 1.3, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised August 7, 2007 and recorded on August 10, 2007 in Map Slide 504, Page 1 of the aforesaid Land Records; xii) "Master Plan Phasing East, South Village, Spear Street and Allen Road, South Burlington, VT, Drawing Number S 1.4, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised August 7, 2007 and recorded on August 10, 2007 in Map Slide 504, Page 2 of the 26 May 9, 2008 aforesaid Land Records; xiii) "Phase I Subdivision Plat, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.3A, prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised May 16, 2007 and recorded on October 15, 2007 in k1ap Slide 506, Page 5 of the aforesaid Land Records; and xiv) "Phase I Subdivision Plat, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.313, prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised May 16, 2007 and recorded on October 15, 2007 in Map Slide 506, Page 4 of the aforesaid Land Records. xv) "South Village Southwest Water Quality Swale Detail, Shelburne & South Burlington, Vermont," Slice( C5.213, prepared by Civil Einginecring Associates, Inc., last revised January 2, 2007 and recorded oil July 12, 2007 in Map Slide 3 t 513-1 of the Town of Shelbumc Land Records. xvi) "South Village Conmmunilies Shelburne Easement Plan, Shelburne & South l3tirling(on, Vermont," Sheet C5.213, prepared by Civil Engineering Associates, Inc., dated April 2007 and recorded oil July 12, 2007 in Map Slide 31513-2 of the'Town of Shelburne Land Records. (1) Easement Deed of South Village Communities, I_I.0 to the 'Town of Slielburiie dated July 10, 2007 and recorded in Volumc 345, Page 899 of the Town of Shelburne Land Records, which deed grants a twenty -foot wide casement fora Water Quality Swale. c) License Agreement by and between South Village Communities, LLC and the Town of Shelburne dated July 12, 2007 and recorded in Volume 3,15, Page 902 of the 'Town of Shelburne Land Records, by which Agreement South Village Communities, LLC granted to the Town of Shelburne a revocable license for construction, maintenance and repair of a Water Quality Swale, locatecl as described in the Easement Deed referenced above. f) Easement Deed of South Village Communities, LLC to Green Mountain Power Corporation and Vernon New England dated December 13, 2007 and recorded in Volume 803, Page 687 of the City of South Burlington Land Records. g) Easement Deed of South Village Communities, LLC to Verizon New England Inc. dated March 7, 2008 and to be recorded in the South Burlington Land Records. 11) Easement Deed of South Village Communities, LLC to Green Mountain Power Corporation dated January 17, 2008, and to be recorded ill the South Burlington Land Records. 27 May 9, 2008 i) future easement deeds to the City of South Burlington or private utilities for utility lines and pipes or storm water management which are reasonably necessary for the development of'South Village, and are recorded subsequent to the date of this Declaration. 2. PROTECTIVE COVENANTS AND/OR OTHER RESTRICTIONS OF RECORD: a) Development Agreement by and between the City of South Burlington and South Village Communities, LLC dated August 8, 2007 and August 9, 2007 and recorded in Volume 792, Page 69 of the City of South Burlington Land Records. b) Irrevocable Oft'er of Dedication from South Village Communities, LLC to the City of South Burlington dated October 12, 2007 and October 15, 2007 and recorded in Volume 798. Page 2,10 of the aforesaid Land Records. c) Development Escrow Agreement by and between South Village Communities, LLC and the City of South Burlington dated November 19, 2007 and recorded in Volume 802, Page 25 of the aforesaid Land Records. 3. STATE OF VLRIVIO_N'I' 1?NVIIZONMrN'I'AI. AND LAND USE REGULATIONS: The Property is subject to, and benefits from, cite following State of Vermont Agency of Natural Resources Land Use, Subdivision, and/or Stormwater Discharge Permits of record: a) Land Use Permit No. 4CI 160R-1 dated August 23, 2007 and recorded in Volume 793, Page 723 of the City of South Burlington Land Records, and as it may be amended from time to time. b) Wastewater System and Potable Water Supply Permit No. WW-4-2613 dated July 11, 2007 and recorded in Volume 790, Page 340 of the aforesaid Land Records, and as it may beamended from time to time. c) Final Discharge Permit No. 4096-INDC (NPDES Number V'CS000048) dated June 15, 2007, and as it may be amended from time to time. d) Final Discharge Permit No. 4096-INDS (NPDES Number VTS000048) dated July 23, 2007, and as it may be amended from time to time. A Notice of Issuance of Stormwater Discharge permit by the Vermont Department of Environmental Conservation (Permit/Authorization No. 4096-INDS) dated July 27, 2007 is recorded in Volume 790, Page 343 of the aforesaid Land Records. e) Conditional Use Determination No. 2001-274 dated May 1, 2006 and recorded in Volume 789, Page 286 of the aforesaid Land Records, and as it may be amended from tinic to time. 0 Public Water System Permit to Construct, Project //C-1688-05.0 WSID 115090, 28 rtMay 9, 2008 and is it may be amended from time to time. g) Consent Decree and Order of the State of Vermont Environmental Court in the civil action In Re: Appeal of Skip & Denise Vallee, Docket Nos. 27-2-06 Vtec, 111-5-06 Vtec, 116-5-06 Vtec, 744-05 Vtec, and 196-8-06 Vtec, dated January 18, 2007, January 29, 2007 and February G, 2007. 4. CERTIFICATE OF OCCUPANCY/COIVIPLIANCG UNDI:IZ LOCAL ZONING/f lEA LTI-I REGULATIONS: Upoil review of'tlie City of South Burlington Land Records and the applicable City of South Burlington Planning & Zoning file for the Property, no evidence of pending zoning enforcement actions and no evidence of any ongoing zoning bylaw, regulation, or ordinance violation investigation with respect to the Property, was found. The City of South Burlington Zoning Administrator issued (lie attached statement regarding file Property's compliance with the City of South Burlington "Zoning Regulations oil November 27 2007, The Property is subject to, and benefits from, the following; City of South Burlington Zoning Permits of record: a) Development Review Board bindings of fact & Decision on Master Plan Application OAP-04-0I dated March 10, 2005. b) Development Review Board Findings of Fact & Decision on Minster Plan Application HIVIP-04-01 dated July 19, 2005. c) Development Review Board bindings of Fact & Decision on Preliminary Plat Application IISD-04-55 dated August 3, 2005. (1) Development Review Board Findings of Fact &. Decision on Master Plain Application IIMP-05-02 dated February 10, 2006. e) Development Review Board bindings of Fact & Decision oil Preliminary Plat Application /ISD-05-92 dated lebruary 10, 2006. f) Development Review Board Findings of Fact & Decision oil Final Plat Application #SD-06-21 dated May 3, 2006. g) Zoning Permit No. ZP-07-389 dated November 7, 2007. 11) City of South Burlington Development Review Board Findings of Fact and Decision dated January 8, 2008, setting forth certain requirements for approval of Preliminary Plat Application No. SD-07-74 and Final Plat Application No. SD- 07-75. The Property is subject to, and benefits from, the following ,town of Shelburne Planning 29 14ay 9, 2008 & Zoning; Permits of record: a) Town of Shelburne Road Pavement Excavation/Right of Way Excavation Permit No. RC 08-01 dated December 28, 2007. RLI May 9, 2008 LxHIBIT B PLATS AND PLANS (Pages 1 through G attached hereto) Cull Scale 1,111ts arc rccor(jeci in the South Burlington Land records Jr 1, T CfJ'!it @JC CN LJ4M - ROUTO AT A FEWXD YAlt { i AM p row ] � r p ti'J 1 r jf •� S7 (sf , rf - i i ,i s` l ` ► .e . ! / 1' i s .r.'7,7 kV. Tis 1 � i 0 , -s':�x--• i��i �Srs�, .1.' N�'. aYYi �. rs�e7 .4�.i4�,'': �. & �}X `r s o k( I i L,Fy.a�:a, a i®7 �.. a ..t• �•�ut �� <u<�z . ' a Matwu j it + 1i1 1. M1Rtit �'°""r � � icy r •� �_ :� 511 =� � � ' ��� , 0014AL ¢Ir UI l - ftO,RO Ai A SEC)UUO SCAU I I _ f}i � _r.� • a r � g w / e lit 11 AVK 4+ UAM - "0140 Al A PfW"O SCu[ OG; 9 - by n l(R / / I 11 j('/�ij ! i i� 111 it f RAJ - I + I me IN I I t f L�� fJ _IUD I , I r- - ' 11 1 / t I I CRONfl L1< 1L1R — FLOTHO At A FMK(0 XK( L_ -r t --- - - -L 1 �mmsuTI j Q 1 ® ell it Pig •• • �N • r k f � ti�ti � N•, 6 r-Xrril�r�- � cA:O>,,st w• u,IAR - f40l,to AT A PIDU'Xo scut 1 I0 uuhaw , t 1f ro `��_��a�""`�--�.���.y its ---=•tom-; �' I '-.. --�� -:�. � -- ----+ -� •'mow aO Q'� f�-'•'-.�-s-�ryT'T ® e ` � ���-� ate` � c I ® © o® 9 r< WL} ,r �� .�� >�3`,�tt #nr�ltx<".?of'�i�� >z> >3 _ Jj >. •~) � I' J�� t t y yi r L. f g•; _ � t; k Y '^fii: � {Fief. 1 d � .� .t, > 1 t ' � f � � ;���_ 1' ol ® Q o o - .__ lip CO Its. bai r'Iis•A—Jfcn�- I rr o "ila�° r �-41 tYl11w. 1u<yF'�'�� I� I %r , i 1 1' a6 ! 1' �,s, �! 5 i ,♦y a L -� �� (i , y 1 ".� Sl � � f•' � i r , 1 l �{i� ' ii` ' � i �®p � �ti�ht f %�;y�`� t �`�L i�� S � `—.-^-c r' �I ,;� t-X�-`a iE - ��'� ��i ;! f i/! �� 1 fi , fi � ii p � it. , �. � Ili. •ua. r � : v�a 1 jam' �,���• ; ,._ i I I ; �•,�i-^'' J J � tr`' r - f1 n rr ,r.-•` ` �,-,8r f '; r'Jj ` !+ � , ...,. � t � �Z � a�,,rJu'� _ rr - � �, �� � • � �t�� � �3 � 4���-0# �; \i';?'i�i;.• b�' iij 1 ,r r. r �c••i �� .. IC?4 � 1 c i� � ,, i �r��>• I �_ � G 4 �,�' �.}y,� .�Si. �1 {.ir�t.� t � �� yj9t( '".`i!-'-= L t,, .(;'� ; {'a'�"�j}( �•7�'vi� �:,� ` �� ` ' S--ii �°���. °i®h i a L \ �I 111 \1 L�. 9 l 00BjO c e i� { 40 ttl •� t zv--.-�r,���`tfApt�D' k` f/�^.:�'.G.q� ''r Ir g``�,, 'c t , all lid R May 9, 2008 EXHIBIT C SOUTH VILLAGE COMMUNITY ASSOCIATION, INC. BYLAWS ARTICLE I PLAN OF OWNERSHIP Section 1.01. Name. The name of the Corporation is South Village Community Association, Inc. Section 1.02. Applicability_. The provisions of these Bylaws are applicable to the Planned Conlnhtulity as set forth in the Declaration. Tile terin "Property" as used herein shall be limited to such Common Elements of the Planned Community as set forth in the Declaration and all eascnlents, rights, and appurtenances belonging thereto, and all of which have been submitted to the provisions of said 27A V.S.A. Chapter 17, known as the Vermont Common Interest Ownership Act (the "Act"). Section 1.03. Compliance. All present and future Lot and Condominium Unit Owners, mortgagees and lessees of Lots and CondominiuI11 Units and their employees, and agents, are and shall be subject to the Articles of Association, these Bylaws, the Declaration and the rules F ` and regulations made in accordance therewith, togetlher with any amendments thereto. ' iie acceptance of a deed or conveyance, or (lie entering into a lease, or the fact of occupancy of a Lot or Condominium Unit, shall constitute an agreement by the Owner, Lessee or Mortgagee that the Articles of Association, these Bylaws, and the provisions of the Declaration, as they may be amended from tinge to time, are accepted, ratified, and shall be complied with. Section 1.04. Office. The office of the Association, and (lie Board of Directors shall be located such place as may be designated from time to time by the Board of Directors. Section 1.05. Definitions. Each capitalized term used herein without definition Shall have the meanings specified in the Vermont Common Interest Ownership Act (tile "Act") and/or the Declaration. ARTICLE lI SOUTH VILLAGE COIv1MUNITY ASSOCIATION INC. Section 2.01. composition. The Association shall consist of all of the Lot and Condonl3Ililiin Unit Owners acting as a group. For all purposes the Association shall act merely as an agent for the Lot and Condominium Unit Owners as a group. The Association shall have the responsibility for administering the Planned Community, establishing the means and inetllods of collecting assessments and charges, arranging for the management of the planned Colnnlunity and performing all of the other acts that may be required or permitted to be performed by the 32 May 9, 2008 ,- Association by the Act and the Declaration. Except as to those platters which the Act specifically E` requires to be performed by the vote of the Association, the foregoing responsibilities shall be perforracd by the Board of Directors or their designee. Section 2.02. Powers and Duties. fhe Association shall have all of the powers and duties necessary for the administration of the affairs related to the Planned Community and may do all such acts and things as are not prohibited by the Act, and as authorized by the Declaration, including the following: (a) Adopt and amend these Bylaws and rules and regulations for the Planned Community. (b) Adopt and amend an annual budget for revenues, expenditures and reserves of the Planned Community; . (c) Collect assessments for common expenses from Lot and Condominium Unit Owners to pay for the costs and expenses of the Planned Conummity. (d) Hire and discharge a managing agent or agents and other employees, agents and independent contractors for the Planned Community. (e) Initiate, defend or intervene in litigation or administrative proceedings in the name of the Association on behalf of itself or two or more owners in the Planned Community on r matters affecting the Planned Community. (d) Make contracts and incur liabilities it, connection with the Planned Community. (e) Regulate the use, maintenance, repair, modification and replacement of the Common Elements and Limited Common Clements. (0 Make additional improvements to the Common Elements. (g) Acquire, hold, encumber and convey in the Association's name any interest ill real estate or personal property, except as provided in Section 3-112 of the Act. (h) Grant easements, leases, licenses, and concessions through or over the Common Elements. (i) Impose and receive payments, fees or charges for the use, rental or operation of the Common Clements, other than Limited Common Elements and for services provided to Lot and Condominium Unit Owners. (j) impose charges for late payment of assessments; (k) Impose reasonable fines for violations of the Declaration, these Bylaws or tale rules and regulations of the Planned Community by a Lot or Condominium Unit Owner, so long as notice is given and a hearing held in accordance with these Bylaws; 33 May 9, 2008 (1) Impose reasonable charges for preparation and recordation of amendments to the Declaration, resale certificates or statements of unpaid assessments and to impose reasonable charges for copying records of tile Association. (ill) Provide indemnification for its officers and Board of Directors and maintain liability insurance for its officers and Directors; (it) Assign its right to hltllre income, including the right to receive common expense assessnicnts, to the extent provided by the Declaration. (o) Exercise any other power conferred upon (lie Association by the Declaration or these Bylaws or which is legally provided for similar entities or which is necessary and proper to govern and operate the Association. Section 2.03. Annual McctiM. The annual meetings of the Association shall be held on the second 'Tuesday in June of each year, unless such (late shall occur on fI holiday, in which event the meeting shall be held oil tile succeeding day. At such anillial Illeetings the Board of Directors shall be selected by the Lot and Condominium Unit Owners. The Lot and Condominium Unit Owners may transact such other business at such meetings its may properly conle before them. Section 2.04. Place of Meetings. Meetings of the Association shall be held at the T principal office of the Association or at such other suitable place convenient to the Lot and Condominium Unit Owners as may be designated by the Board of'Directors. Section 2.05. )ecial Meetings. The President shall call a special meeting of tile Association upon a petitioll signed and presented to the Secretary by Condominium Unit Owners with not less than twenty percent (20%) of the aggregate votes in the Association. The notice of any special meeting shall state the time, place and purpose thereof. No business shall be transacted at a special Illecting except as stated in the notice. Section 2.06. Notice of Meetings. It shall be the duty of the secretary or other officer of the Association to mail a notice of each annual meeting, other (hail file first allil"M tllceti►lg, and each special Illecting of tile Condominium Unit Owners, at least tell (10) but not more than sixty (60) days prior to such illecting, stating the tinge and place where it is to be held, and the purposes thereof, including an agenda. Such Ilotice to be mailed to cacti Lot and COIldolllillilill Unit Owner of record, at the Lot or Condo ill initun Unit address or at such other address as such Lot or Condonliilillill Unit Owner shall have designated by notice ill writing to the secretary. The mailing of a notice of tlleetng in the manlier provided in this section shall be considered service of notice. Section 2.07. Conduct of Meetings. The President sllall preside over all Illectiilgs of tile Association and the Secretary shall keel) the minutes of the Illectillg and record in a minute book all resolutions adopted at the illecting as well as a record of all transactions occurring thereat. 'The than current edition of Robert's Rules of Order shall govern the conduct of all meetings of tile Association and the Board of Directors when not in conflict with the Bylaws, the Declaration or the Act. 34 May 9, 2008 /171 Section 2.08. 'Title to Condominium Units. Title to Lots or Condominium Units may be taken in the name of an individual or in the name of two or more persons as tenants in common, joint tenants with right of survivorship, or as tenants by the entirety, or in the name of a corporation, partnership, limited liability company or other legal entity or fiduciary. Section 2.09. Adiouriuneut of Meetings. If at any meeting of the Association a quonim is not present, Lot and Condominium Unit Owners having a majority of the votes who are present at such niceting in person or by proxy may adjourn the meeting to a time not less than forty-eight (48) hours after the time the original meeting was called. Section 2.10. Voting. Each Lot or Condominium Unit is entitled to one (1) vote for that Lot or Condominium Unit, regardless of the Common Element interest assigned to such Lot or Condominium Unit. The Owner or Owners of each Lot or Condominium Unit, or some person designated by such Owner or Owners to act as proxy on his/her or their behalf and who need not be all Owner, shall be entitled to cast the voting shares appurtenant to such Lot or Condominium Unit at all ineetings of Lot and Condominium Unit Owners or by his/her attorney in fact. The designation of any such proxy shall be made in writing to the secretary and shall be revocable at any time by written notice to tlic secretary by the Owner or Owners so designating, except where an irrevocable proxy is permitted by statute. No proxy shall be valid after the expiration of eleven (11) months from the date of its execution, unless otherwise provided therein. Any or all of such Owners may be present at any niecting of the Lot and Condominium Unit Owners and, those constituting a group acting unanimously, may vote or take any other action as a Lot or Condominium Unit Owner either in person or by proxy. Lot or Condominium Unit Owners (including the Board of Directors if (lie Board of Directors or its designee shall then hold title to one or more Lots or Condominium Units) shall be entitled to cast a number of votes at all meetings of the Lot or Condominium Unit Owners equal to the number of Lots or Condominium Units owned, regardless of the Common I?icnient interest assigned to such Lot or Condominium Unit. A fiduciary shall be the voting member with respect to any Lot or Condominium Unit Owned in a fiduciary capacity. Section 2.11. Minority of Lot and Condominium Unit Owners. As used in these Bylaws, the term "majority" of voting shares shall mean more than fifty percent (50%) of the total authori�cd voting shiu•es of all Lot and Condominium Unit Owners present in person or by proxy and voting at any meeting of the Lot and Condominium Unit Owners at which a quorum is present. Section 2.12. Q110111111, Except as otherwise provided in these Bylaws, the presence in person or by proxy of a majority of the total number of Lot and Condominium Unit Owners shall constitute a quorum at all meetings of the Lot and Condominium Unit Owners. Section 2.13. Majority Vote. The vote of a majority of Lot and Condominium Unit Owners at a meeting at which a quorum shall be present shall be binding upon all Lot and Condominium Unit Owners for all purposes except where, in the Declaration or these Bylaws or by law, a higher percentage vote is required. 35 May 9, 2008 Section 2.14. Consent. Whenever by a provision of statute or by these Bylaws oi• the Declaration, the vote of a Lot or Condominium Unit Owner is required or permitted to be taken at a meeting thereof in connection with any corporate action, the Illecting and vote of the Lot and Condominium Unit Owners may be dispense(] with, if all of the Lot and Condominium Unit Owners who would have been entitled to vote upon the action if such meeting were held shall consent in writing to such corporate actions being taken. ARTICLE Ill BOARD Or DIRECTORS Section 3.01. Number and Qualification, The affairs of the Association shall be governed by a Board of Directors composed of not less than seven (7) persons, all of whom shall be Lot and Condominium Unit Owners or fiduciaries of Lot and Condominium Unit Owners. Each Lot and Condominium Unit Owner shall be entitled to vote for the members of the Board. Section 3.02. Powers and Ditties. The I3oard of Directors, or its designated managing agent shall have the power to act on behalf of the Association and to perform all of the acts that the Association could perform, except that the Board of Directors may not amend the Declaration, terminate the Planned Community , elect members to the Board of Directors or determine the qualifications, powers duties or terms of office for the Board of Directors. In acting on behalf of the Association, the Board of Directors shall perform the duties necessary for tile administration of the affairs related to the property of the Association, including but not �. limited to the following: (a) Prepare an annual budget, in which there shall be establislied the assessments of each Lot and Condominium Unit OWIl.. for tile common Expenses of the Planned Community (tile "Common Expenses"). (b) Make assessments against Lot and Colldoillinillim Unit Owners to pay for the costs and expenses of the Planned Community, establish the illeans and ]methods of collecting such assessments front (lie Lot and Condominium Unit Owners and establish the period of the installment payment of the amlllal assessment for Common Expenses. Unless otherwise determined by the Board of Directors, the annual assessment against each Lot and Condominium Unit Owner for its proportionate share of the Common Expenses shall be payable in equal illonthly installments, each such installment to be due and payable in advance on the first day of each Illonth for shell Illonth. (c) Provide for the operation, care, upkeep and maintenance of all of the Common Elements (d) Collect the assesslllcilts against the Lot and Condominium Unit Owners, deposit the proceeds thereof in bank depositories designated by the Board of Directors and use the proceeds to carry out the administration of the Planned Collu-rliulity. (e) Open bank accounts on behalf of the Association and designate the signatories thereon. 36 May 9, 2008 (fj Make, or contract for the shaking of, repairs, additions and improvement to or alterations of the Common Clements, and repairs to and restoration of the Common Elements, ill accordance with these Bylaws, afler damage or destruction by fire or other casualty, or as a result of condemnation of emiIlent domaiIh proceedings. (g) Enforce by legal means the provisions of the Declaration, these Bylaws and the Rules and Regulations and act on behalf of the Lot and Condominium Unit Owners with respect to all Ilhatters arising out of an eminent domain proceeding. (h) Obtain and carry insurance against casualties and liabilities, as provided in these Bylaws, pay the premiums therefore and adjust and settle any claim thereunder. (i) Pay the cost of all authorized services rendered to the Association and not billed to Condominium Uilit and Lot Owners or otherwise provided for in Article V of these Bylaws. 0) Keep books with detailed accounts in chronological order of the receipts and expenditures affecting file Corhhlllolh Blements and the administiation of the Planned Community specifying tie expenses of maintenance and repair of the Common Elements and any other expenses incurred. Such books and vouchers accrediting the entries thereupon shall be available for examination by the Lot and Condominium Unit Owners, their duly authorized agents or attorneys, during general business hours oil working days at the times and in the manner set and announced by the Board of Directors for tile general knowledge of the Lot and Condominium Unit Owners. All books and records shall be kept in accordance with good accounting practices. Lot and Condominium Unlit Owners shall pay reasonable charges for any copies requested by then]. (k) Notify a mortgagee, if requested, of any default hereunder by a Lot or Condominium Unit Owner subject to such mortgage, in the event such default continues for a period exceeding sixty (60) clays. (1) Borrow money oil behalf of the Planned Community when required ill connection with any one instance relating to the operation, care, upkeep and maintenance of the Colunhohl Clements, provided, however, that the consent of at least two-thirds (2/3) in number of all Colndoillillium Unit and/or Lot Owners, obtained at a meeting duly called and held for such purpose in accordance with the provisions of these Bylaws, shall be required to borrow any sum in excess orren'fhousand Dollars ($10,000). (nl) Controlling the use of all Common Elements (n) Review the books and records of the Association annually. (o) Do such other things and acts not Iincollsistent with the Act, the DeclaratioI 01' these Bylaws which the Board of Directors may be authorized to do by these Bylaws or by a resolution of the Association. 37 May 9, 2008 �? Section 3.03. Managing Agent. 'rhe Board of Directors play employ for the / Condominium a "Managing Agent" Or' other personnel at a coillpensatloIl to be established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize. Section 3.0d. Blection and'1'ern, of Office. The tern, of Office for the initial members of the Board of Directors shall be staggered. Three (3) of the initial members shall be elected for a term of two (2) years. Three (3) of the members shall be elected for a term of three (3) years and one (1) member shall be elected for a term of four (4) years. The members of the Board of Directors shall hold office until their respective successors shall have been elected by the Association. Except for the terms of the initial members of the Board of Directors, all members snail be elected to a fixed term of two (2) years. Section 3.05. Resig cation of Members of the Board of Directors. A member of the Board of Directors may resign at any time. in the event a member resigns, a special sleeting of the Lot and Condominium Unit Owners shall be held and the Lot and Condominium Unit Owners present at said special meeting shall select a replacement to complete the unexpired term. Section 3.06. Reserved Section 3.07. Rei►ular ,Meetings. Regular meetings of the Board of Directors may be held at such tinge and place as shall be determined from tinge to time by a majority of the directors, but such meetings shall be held at least once every twelve months during cacti fiscal year. Notice of regular nlectings of the Board of Directors shall be given to each director, by mail or telegraph, at least tell (10) busi►less days prior to the day named for such meeting. Section 3.08. -S�gecial Mecti►Igs. Special meetings of the Board of Directors may be called by the President on three (3) business clays notice to each director, given by mail, which notice shall state the time, place alld purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and oil like notice on the written request of at least one (1) director. Section 3.09. Waiver of Notice. Any director may at any tinge, in writing, waive notice of any meeting of the Board of Directors, and such waiver shall be dcenied equivalent to the giving of such notice. Attendance by a director at any nleet►►lg of the Board of Directors shall constitute a waiver of notice by him/her of the time, place and purpose of such sleeting. if all directors are present at any llecting of the Board of Directors, no Notice shall be required and any business may be transacted at such meeting. Section 3.10. Telephone M9e61195. Members of the Board of Directors and members of ally committee designated by the Board of Directors may participate in a sleeting of such board or committee by means of a conference telephone or similar communications equipment by means of which all persons participating in file 111ecti►lg call heal' cacti other, and participation in a electing in such a manner shall constitute presence in person tit such illectnlg. Section 3.11. Quorum. At all meetings of the Board of Directors, the majority of directors shall constitute a quorum for the transaction of business, and the votes of a majority of 38 May 9, 2008 tine directors present at a meeting at which a quorum is present, shall constitute the decision of the Board of Directors. Section 3.12. C'Otnl )ensation. No director shall receive any compensation from the Condominium for acting as such. Section 3.13. Action Without Meeting. Any action by the Board of Directors required or pernnitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Director's shall individually or collectively consent in writing to such action. Any such written consent shall be filed with tic minutes of the proceedings of the Board of Directors. Section 3.14. Liability of the Hoard of Directors, Officers, Condominium Unit Owners and Association. (a) The officers and ineinbers of tile Board of Directors shall not be liable to the Association for any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The Association shall indemnify and hold harmless each of the officers and directors from and against all contractual liability to others arising out of contracts made by the officers or the Board of Directors on behalf of the Association unless any such contract shall have been made in bad faith or contrary to the provisions of the Act, the Declaration or these Bylaws. Officers and members of the Board of Directors shall have no personal liability to any Lot or Condoini►lium Unit Owner with respect to any contract made by them on behalf of the Association. Every agreement made by the officers, the Board of Directors or tine Managing Agent oil behalf of the Association shall, if obtainable, provide that the officers, the members of the Board of Directors or the Managing Agent, as the case may be, are acting only as agents for tine Association and shall have no personal liability thereunder (except as Lot and Condominium Unit Owners), and (hilt each Lot and Condominium Unit Owner's liability thereunder shall be limited to the total liability thereunder multiplied by his/her Common Element interest. (b) The Association shall not be liable for any failure of water supply or other services to be obtained by the Association or paid for as a Common Expense, or for injury or damage to person or properly caused by the elements or by the Owner of any Lot or Condo►niniunn Unit, or any other person, or resulting from electricity, water, snow or ice which may leak or flow from any portion of the Common Elements or from any pipe, drain, conduit, appliance or equipnncnt. The Association shall not be liable to any Lot or Condominium Unit Owner for loss or damage, by theft or otherwise, of articles which may be stored upon any of the Common Elements. No diminution or abatement of any assessments, as herein elsewhere provided, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Elements or from any action taken by the Association to comply with any law, ordinance or with the order or directive of any municipal or other governmental authority. 39 May 9, 2008 ARTICLE IV OFFICERS Section 4.01. Designation. The principal officers of the Association shall be the President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. 'file Board of Directors may appoint an assistant treasurer, all assistant secretary and such other officers as in its judgment may be necessary. All officers shall be Lot and Condominium Unit Owners, and shall be directors of the Association. Section 4.02. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors. Section 4.03. Removal of Officers. Upon the affirmative vote of a majority of all members of the Board of Directors any officer may be removed, either with or without cause, and a successor may be elected at any regular meeting of (lie Board of Directors or at any special meeting of the Board of Directors called for such purpose. Section 4.04. President. The President shall be the chief executive officer of the Association; preside at all meetings of the Association and of the Board of Directors; and have all of the general powers and duties which are incident to (lie office of president generally including, without limitation, the power to appoint connnittees from among the Condominium Unit Owners from time to time as the President inay in his/her discretion decide is appropriate to assist in the conduct of the affairs of the Association. Section 4.05. Secretary. The Secretary shall perform the duties incident to the office of the Secretary of the Corporation and as required by the laws of the State of Vermont, including but not limited to the following: (a) The Secretary shall record all votes and proceedings of the Condominium Unit and Lot Owners and directors or any executive committee thereof. (b) The Secretary shall attend to the giving of notices of special meetings of the Board of Directors and of all of the meetings of the Condominium Unit and Lot Owners of the Association. (c) The Secretary shall be custodian of the records and seal of the Corporation. (d) The Secretary shall maintain an office in Burlington or South Burlington, Vermont or such other place as may be designated by the Board of Directors, where the corporate records of the Corporation shall be kept and shall procure and file in the Secretary's office certified copies of all paper required by law to be filed with the Secretary of State, except the annual report. (e) The Secretary shall maintain a book or record containing the names, alphabetically arranged, of all persons who are members of the Corporation, showing their places 40 May 9, 2008 r- _ of residence, voting interest, and the times when they respectively acquired the Lot or Condominium Unit, and file tithes orally transfers thereof. The Secretary sllall keep such book or record and the minutes of the proceedings of the members open daily during the usual business hours for inspection, within the limits prescribed by law, by any person duly authorized to inspect such records. At the request of the person entitled to an inspection thereof, the Secretary shall prepare and make available a current list of the officers and directors of the Corporation and their residences. (1) The Secretary sllall attend to all correspondence and present to the Board of Directors at the meeting all official communications received by (lie Secretary. Section 4.06. Treasurer. The Treasurer shall have file responsibility for Association funds aIld securities and sllall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all required financial data, and sllall report annually to (lie Lot and Condominium Unit Owners; make disbursements on behalf of the Association upon consent of the Board of Directors except as provided in Section 4.07; and be responsible for the deposit of all monies and other valuable effects in the name of the Board of Directors, the Association or the Managing Agent, in such depositories as may from tinge to tinge be designated by the Board of Directors; and, in general, perform all the duties incident to the office of treasurer. Section 4.07. Execution of Documents. All agreements, contracts, deeds, leases, checks a and other instruments of the Association for expeliditures or obligations in excess of Two Thousand Five Hundred Dollars ($2,500), and all checks drawn upon reserve Accounts, shall be executed by any two persons designated by the Board of Directors. All such instruments for expenditures or obligations of Two Thousand five 1-fundred Dollars ($2,500) or less, except from reserve accounts, may be executed by the freaserer or any one person designated by the Board of Directors. Section 4.08. Compensation of Officers. No officers shall receive any compensation from the Corporation for acting as such. However, notwithstanding the foregoing, nothing hercill shall be deemed to prevent the employment or compensation of a person as a managing agent or employee, or the services of such person who Shall also be an officer, provided only that such employment by approved by the Board of Directors and fall disclosure thereof be made by the person so engaged. Section 4.09. Officer Designated to Execute and Certify Amendments. Any officer of the Association may execute, certify and record amendments to the Declaration on behalf of the Association, so long as the officer is so designated in writing by the a majority of the Board of Directors. 41 May 9, 2008 ARTICLE V OPERATION OF T14E PLANNED COMMUNITY Section 5.01. petennination of Common Expenses and Assessments Against Lot and Condominium Unit Owners. (a) Fiscal Year. The fiscal year of the Association shall be January 1" to December 31" unless otherwise determined by the Board of Directors. (b) Preparation and Apuroval of Budget. (i) For each Annual Meeting of the Association, the Board of Directors shall adopt a budget for the Association containing an estimate of the total amount considered necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements, and other expenses that may be declared to be Common Expenses by this Declaration or a Resolution of the Association and which will be required during the ensuing fiscal year for the administration, operation, maintenance and repair of the Property and the rendering to the Owners of all related services. (ii) Such budget shall also include such reasonable amounts as the Board of Directors considers necessary to provide working capital, a general operating reserve and reserves for contingencies and replacements. With the notice of the Annual Meeting, the Board of Directors shall send to each Owner a copy of the budget ill a reasonably itemized form which sets forth the amount of the Common Expenses and any special assessment payable by each Owner. Such budget shall constitute the basis for detennining each Lot and Condominium Unit Owner's assessment for the Common Expenses of the Association. (c) Assessment and Payment lent of Common Exucnses. 'rile total of the estimated funds required from assessments for the operation of the Planned Community set forth in the budget adopted by the Board of Directors shall be assessed against each Lot and Condominium Unit owner in proportion to its respective Common Element interest (Percentage Interest). However, no assessment shall be made against tlue Declarant as to any Lot or Condominium Unit completion of which has not been certified by the Declarant in an instrument filed with the Board of Directors, and a certificate of occupancy has been issued by the City of South Burlington. Sale of any such Lot or Condominium Unit by the Declarant shall be deemed to be completion of the Lot or Condominium Unit and the Lot or Condominium Unit Owner shall thereupon be assessed as provided herein. (d) Reserves. The Board of Directors sliall build up and maintain. reasonable reserves for working capital, operations, contingencies and replacements. (e) Effect of Failure to Preparc or Adopt Budget. Tile failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any unanner of a Lot or Condominium Unit Owner's obligation to pay its allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Condominium Unit and/or Lot Owner 42 May 9, 2008 �F shall continue to pay each montlily installment at the monthly rate established for the previous fiscal year until notice of the monthly payment which is due more than ten days after such new annual or adjusted budget shall have been delivered. Section 5.02. Payment of Common l:x pe►t ►ses, Each Lot and Condominium Unit Owner sliall pay the Common Expenses assessed by the Board of Directors. No Lot or Condominium Unit Owner may exempt itself from liability for his/her contribution toward Common Expenses by waiver of the use or enjoyment of any of (lie Common Elements or by abandonment of its Lot or Condominium Unit. Prior to or at the time of any conveyance of a Lot or Condominium Unit by an Owner, all liens, unpaid charges and assessments shall be paid in full and discharged. The purchaser of a Condominium Unit and/or i.ot shall be jointly and severally liable with the selling Owner for all unpaid assessments against the Condominium Unit and/or Lot for his/leer proportionate share of the Common Expenses up to the time of recording of the conveyance, without prejudice to the purchaser's right to recover from the selling Owner amounts paid by the purchaser therefore; provided, however, that any such purchaser shall be entitled to a statement setting forth the amount of the unpaid assessments against the selling Lot or Condominium Unit Owner within ten (10) business clays following a written request therefore to the Board of Directors or Managing Agent and such purchaser shall not be liable for, nor shall the Lot or Condominium Unit conveyed be subject to a lien for, any unpaid assessments in excess of the amount therein set forth. Section 5.03. Payment of Assessments. No Lot or Condominium Unit Owner sliall be permitted to convey, mortgage, pledge, l►ypothecate, sell, or lease his/leer Lot or Condominium Unit unless and until lie shall have paid in fill to the Board of Directors all unpaid common charges theretofore assessed by the Board of Directors against its Lot or Condominium Unit, and until he shall have satisfied all unpaid liens against such Lot or Condominium Unit, except bona fide mortgages. Section 5.04. Collection of Assessments. The Board of Directors or (lie Managing Agent, at the request of the Board of Directors, shalt take prompt action to collect any assessments for Common Expenses due from any Lot or Condominium Unit Owner which remain unpaid for more than thirty (30) days from the due date for payment thereof. Any assessment, or installment thereof, not paid within five (5) days after clue shall be subject to a late charge of $10.00 (to be reviewed and set annually by the Board); in addition any unpaid assessment sliall accrue interest at the rate of eighteen percent (18%) or, t the greatest legal rate, whiel;ever is less, on the overdue assessment or installment. The Lot or Condominium Unit Owner shall also be liable for and pay to the Association all costs of collection, Including reasonable attorney's fees. In any action brought by the Board of Directors to foreclose it lieu on it Lot or Condominium Unit because of unpaid common expenses, the Lot or Condominium Unit Owner shall be required to pay a reasonable rental for the use of its Lot or Condominium Unit; and the plaintiff in such foreclosure action shall be entitled to the appointment of it receiver to collect the same. The Board of Directors, acting oil behalf of all Lot and Condominium Unit Owners, shall have power to purchase such Lot or Condominium Unit at the foreclosure sale and to acquire, hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same. A suit to recover a money judgment for unpaid common charges shall be maintainable without foreclosing or waiving the lien securing (lie same. 43 May 9, 2008 Section 5.05. Written Statements. (a) Statement of Common Expenses. The Board of Directors shall within tell (10) business days provide to any Lot or Condominium Unit owner, contract purchaser or mortgagee so requesting the same in writing with a written statement of all unpaid assessments for Conlnlon Expenses due from such Lot or Condominium Unit Owner. The Board of Directors may impose a reasonable charge for the preparation of such statement to cover the cost of preparation. (b) Statement of Default. A Lot or Condominium Unit Owner who mortgages its Lot or Condominium Unit shall notify the Board of Directors of tine name and address of its mortgagee. The Board of Directors shall maintain such information in a book entitled, "Mortgage of Lots and Condominium Units". The Board of Directors shall promptly notify any mortgagee of any Lot or Condominium Unit, upon request, of any default in the performance of the Lot or Condominium Unit Owner of any obligation pursuant to the Declaration, the Bylaws and the niles and regulations which is not cured within sixty (60) days. Section 5.06. Insurance. (I) The Board of Directors shall obtain and maintain, to the extent available, the following master policies of insurance, naming the Association as insured (for the use and benefit of the Lot and Condominium Unit Owners and mortgagees), as their respective interests may appeal: (a) Casualty or physical damage insurance on the Common and Limited Common Elements, together with the service machinery, apparatus, equipment and installations located in any buildings located on the Common and Limited Common Clements, and existing for the provisions of central services or for coninion uses, in an amount not less than One Ilundred Percent (100%) of their full replacement value (exclusive of footings) as determined by the directors annually in their judgment (and all policies shall therefore contain a replacement cost valuation endorsement, so-called, or the equivalent) against (1) loss or damage by fire or other hazards covered by the extended coverage endorsement, and (2) such other hazards and risks as the directors from tinge to time, in their discretion, shall determine to be appropriate, including but not linlited to, vandalism, malicious mischief, windstorm and water damage, boiler and machinery explosion or damage, and plate glass damage. Certificates of such insurance and all renewals thereof, together with proof of payment of premiums, shall be delivered by the directors to all Lot and Condominium Unit Owners and their mortgagees upoil request, at least tell (10) business days prior to the expiration of the then current policies. (b) Comprehensive public liability insurance and property damage insurance in such amounts and forms as shall be determined by the directors, covering the Association, the directors, all of the Lot and Condominium Unit Owners and any Managing Agent of the Property, with a combined limit of not less than $1,000,000.00. (c) Worker's compensation and employer's liability insurance covering any employees of the Association. 44 May 9, 2008 (d) Errors and omissions insurance for the directors and officers. (e) Adequate fidelity coverage to protect against dishonest Acts oil the part of officers, directors, trustees, and employees of the Association, including but not limited to, employees of the Agent. The premiums sllall be paid by (lie Association, and; (i) All such fidelity bonds shall name the Association as an obligee; (ii) Such fidelity bonds shall be written in amounts required by FNMA, FfILMC, PMI's, the VA or other similar institutions; (iii) Such fidelity bonds shall contain waivers of any defense based on exclusion of persons who serve without compensation from any definition of "employee". (f) Such other policies of insurance is required by FNMA, FFILMC, PMI's, the VA or other similar institutions. (g) A Standard Mortgage Clause must be included in the policy which names as mortgagee either FNMA or the servicers for the mortgages which FNMA holds on Condoilliniuitl Units or Lots ill the Planned Community, When a servicer is Named as mortgagee, the policy sllall also designate as the payee, "The mortgagee, its successors and assigns." (h) Such other insurance as the directors shall determine to be appropriate and such other insurance as may from time to time be required by law. (2) Limitations. Any insurance or fidelity bond obtained shall meet the following: (a) All policies shall be written with a company licensed to do business in Vermont and holding a financial rating ill one of the top two categories. (b) Exclusive authority to negotiate losses under said policies shall be vested ill the Board or its insurance trustee. All proceeds shall be payable to the Association or its tnistees, and shall be held for the use and benefit of the Association, the Lot and Condominium Unit Owners, and their respective mortgagees. (3) Payment of Insurance Deductible. In the event of damage to any Lot or Condominium Unit which is covered by (lie master insurance policy, the Association will be responsible for payIllent of deductible amounts Under the policy gxcellt where: (a) The damage to such Lot or Condominium Unit was caused by the Lot or Condominium Unit Owner's negligence; (b) The damage to such Lot or Condominium UIlit, absent the coverage by the ]luster policy, which would have been the maintenance responsibility of the Lot or Condonlillium Unit Owner. 45 May 9, 2008 (4) Separate Insurance. Each Lot and Condominium Unit Owner shall, at its own expense, to obtain insurance for its own Lot and Condominium Unit and for its own benefit and to obtain insurance coverage upon Iris/her personal property and for its personal liability. All Lot and Condominium Unit Owners shall obtain insurance upon any improvements made by it to its Lot or Condominium Unit. Further, each Lot and Condominium Unit Owner shall insure its share of the Common and Limited Common Elements in its separate insurance policies, including but not limited to liability insurance coverage. All such policies shall contain waivers of subrogation if available. Section 5.07. Lien for Assessments. The total annual assessment of each Lot and Condominium Unit Owner for Common Expenses or ally special assessment of any other sutra duly levied and any late charges and costs of collection, made pursuant to the Declaration, is hereby declared to be a lien levied against the Lot or Condominium Unit of such Owner as provided in Section 3-11 G of the Act. Section 5.08. Maintcna►lee, Ret�air, Replacement of Common Elements, and other Conitnon Expenses. The maintenance, repair, and replacement of the Common and Linlitcd Common Clements shall be governed by the Declaration. Section 5.9. I►junctions. The Board shall have the right to abate, enjoin or remedy by appropriate legal proceedings, either in law or in equity, the continuance of ally violation of the provisions of the condominium documents, including, without limitation, ran action to recover any sums clue for money damages, injunctive rclief, foreclosure of the lien for payment of all assessments, any combination thereof, and any other relief afforded by a court or competent jurisdiction. Such remedies shall be deemed cumulative and shall not constitute an election of retliedies. The failure of the Association or its Board to enforce any rights, covenants or conditions of the condominium shall not constitute a waiver of the right to enforce such rights, covenants or conditions in the future. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation or breach, or any attempted violation or breach, of ally of the covenants and restrictions of the Declaration or Bylaws shall so damage the Community and its property values that it cannot be adequately remedied by action at law or exclusively by recovery of damages. Section 5.10. Costs and Attorneys' Fees, In any proceeding arisitlg because of an alleged failure of a Lot or Condominium Unit Owner to comply with the terms of the condominium documents, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the court. Section 5.11. Fine. The Board shall have the right to impose upon a Lot or Condominium Unit Owner a reasonable fine, commensurate with t{le severity of the violation of any of tite provisions of the- above -referenced clocunients, which fide shall become a continuing lien against the Condominium Unit or Lot of file defaulting Owner enforceable in the manner provided by the Act and the Bylaws. 46 May 9, 2009 Section 5.12. Abatement. The Board shall have the right to remove, at the expense of the defaulting Owner, any structure, alteration, improvement or condition placed on the Common Clements by an Owner in violation of the provisions of the above -referenced documents. ARTICLE VI MISCELLANEOUS Section 6.01. Amendment. These Bylaws may be amended by vote of at least sixty- seven percent (67%) of the votes in the Association. Section 6.02. Notices. All notices, demands, bills, statements or other communications shall be in writing and shall be dcemcd to have been duly given if delivered personally or if sent postage prepaid (i) if to a Lot or Condonlillillnl Unit Owner, at the address of the Lot or Condolniniulnn Unit, unless the Owner designates a different address in writing and files said address with the Secretary of the Association, Or (ii) if to the Association or the Board of Directors at the principal office of the Association or at such other address as shall be designated in writing to the Lot or Condominium Unit Owners pursuant to this Section. Section 6.03. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws or the intent of any provision hereof. Section 6.04. Gender. The use ol'the masculine gender in these Bylaws shall be deemed to include the feminine and neuter genders and the use of the singular shall be dcemcd to include the plural, and vice versa, whenever the context s- 1 quires. Dated at Burlington, Vermont, this day of �� , 2008. h rescl c Of _ 1OP9cr- witness > Print name: %4" �CO• /, / STATE- Or VERMoN'r CI-1117ENDEN COUNTY, SS. South V' age Con lunit f as elation, Inc. By: Its duly authorized agent Prim name: —� .5'C ID At Burlington in said County, this day of /��%R , 2008, personally appeared David Scheuer, duly authorized agent of S011tll Villa c Colltlnlunity Association, Inc., and he acknowledged this instnunent, signed by him as ajatoid, to b his flee act and deed, and the free act and deed of South Village Communion, Before line, Public Print nallle: // �- 6 My Commission ixpires: 2/10/2011 47 �X/fiRiT J S®urrn VILLA0I✓ South Burlington, Vermont Commulzity Larid Managerne-nt Pla-n November 2004 Revisions: February 8, 2005, October 13, 2005 May 9, 2006 Ilifs is a Working document and subject to change. r" COMMUNITY LAND MANAGEMENT PLAN South Village, South Burlington, VT This plan provides a framework for the use, preservation, restoration and management of open space in South Village. Prepared for: -, South Village Communities, LLC ✓i' � South Burlington, W Prepared bye Q LandWorks David Rapliael, Civil Engineering Associates Principal David Marshall, 1' Natalie Steen, Planner Principal 211 Maple Street, P.O. Box 485 MW26 Shelburne, VT 05482 Middlebury, VI'05753 (802) 985.2323 (802) 388.3011 Applied Ecological Wildlife Consulting — Services, Inc. David E. Capen Steven A. Apfelbaunr University of Vermont t 17921 Smith Road 364 Aiken Center Brodhead, WI 53520 Burlington, VT 05405 �,rkirt.r„rtrRk.•tM' (608) 897,8641 (802) 656.3007 THE 1NTERVALIi The ititervale William D. Foundation Countryman Lindsey Ketcliel, Art V. Gilman Director of Programs 868 Winch Hill Road NOTmt Authored 282 Intervale Road Northfield, V1' 05663 Section 3 Only Burlington, Vr 05401 (802) 485.8421 (802) 660-0440 Ff TABix OF CONTENTS INTRODUCTION 3 GGNEMAL DESCRIPTION 3 OVERALLGOALS 3 SECTION 1. MANAGEMENT Ott NE101-1BORHOOD ACTiVITIPS AND FACILITIES 5 1.0 RLCREATtON PATH 5 2.0 SIDMALKS 5 3.0 QUll:r PAIT-IS 5 3.1 Allowable Use 5 3.2 Managetnent/Maintenance 5 3.3 Rules 5 3.4 Off -path Use 6 4.0 PARKING AND ACCEss- G 5.0 Pti fs G 6.0 RGCRI?AT10N FIELD AND FACILITIES 7.0 SIGNING 7 8.0 BACKYARDS- 7 8.1 Maintenance and Itertilizing of Lawns, Gardens and Landscape 7 8.2 Fencing- -�- 7 8.3 Pets 7 8.4 Hurnan/Wildlife Conflict Preventative Measur 8 8.5 heeding of Wildlife - 8 6.6 Maintenance/Bnliniaceinent of Natural Native Vegetation 8 Table I. Sample List of Acceptable Plantings 9 8.7 Lighting 13 SuMON 2. LCOLOOICAL REMRATION AND HAura MANAGBMENT PRoaRAm-� 15 1.0191RODUCrION 15 1.1 Benefits and Characteristics of Restoration 15 1.2.1kestoration and MnnagensentPhilosophy 16 1.3 Adaptive Restoration and Management 16 fi A' 2.0 WILDLIFE NABITA't' CONSIDERATIONS AND l* OLOGICAL RESTORATION 16 2.1 South Village Design Process 16 2.2 Wildlife Use Patterns 17 2.3 Site -Specific Opportunities 11 3.0 RESTORATION AND MANAGEMENT AGTivrnuS 17 3.1 Introduction 17 3.2 Sclieduling 18 3.3 Monitoring & Reporting 18 3.4 Specialized Training 19 3.5 Restoration Stage Activities 19 3.6 Management Stale Activities 21 Table 2. Long; Tcrr:ti Mmingement Activities 22 SECTION 3. AGRICULTURAL MANAGEMENT PLAN BY THE INTERVALS 23 1.0 BACKGROUND 23 2.0 GENERALRECOMMENDATION 23 3.0 FARM--- — — 23 3.1 Farm Operations 24 3.2Type of Prod itcts 24 3.3 Farm Recruitment Strateg4es 24 3.4 Transparent Farm Management and Goals-- 24 3.5 LongTerm Lease Agreements 24 3.6 Restrictions 24 4.0 MARKur-�---�-�--• . , .. — 25 4.1 Farm Market Recommendations 25 5.0 LAND MANAGEMENI' 26 5.1 Soil Maintenance and Improvement 27 5.2 Commitment to Farm Operation in Perpetxtit 27 5.3 Wetlands and. Wildlife Habitat — 27 INTRODUMON Several distinct types of open space have been designed or preserved in South Village to promote a healthy interaction between people and the environment. This plan shall apply to the following identified open spaces: • Recreation Pa[IL - provides recreational opportunities for residents at South Village and links to the extensive network of recreation paths throughout South Burlington. The path navigates around the perimeter ofthe village and will provide residents with easy access to iG The layout takes advantage of the scenic and natural resources throughout the property and will provide an experiential journey through die surrounding preserved lands. • Sidewalks - the pedestrian network provides residents with a safe and convenient way of accessing their community and die area beyond the neighborhoods. It provides an appropriate alternative to vehicular usage and allows residents to access areas that are not accessible by car. front walks link to a network of 5' wide sidewalks fiat make connections to neighboring homes and help to reinforce the sense of community. The sidewalks also make connections to other alternative travel routes such as the recreation path and quiet paths. • Quiet Paths - located throughout the preserved areas of the site. They are a great amenity to the community linking residents with the surrounding natural landscape. Residents are able to experience and enjoy die native fauna and flora and the restoration areas and wetlands. • Neigliborlioad Greer Spaces - internal neighborhood open spaces, including parks, commons, greens and pedestrian courtyards within a short walk to each home. • Working Dann - a 35 acre working farm, operated and managed by the Intervale Foundation that includes community supported agriculture and a native plant nursery. • Stornamter Treatineiu Trrtins7" (STT's) - include a series of ecologically designed swales used to channel storm water through native grasslands, forests, and wetlands designed to hold and beneficially utilize the run-off. STT's also provide valuable wildlife habitats and enhance comnuinky open spaces. • Restured and Preserved Open Space -- the remaining open space in South Village, which Includes over 150 acres of wetlands, woodlands, fields, mesic forests, savannas, pine forests, stream (riparian) system, wet native grasslands, emergent wetlands, drainage conveyance and infiltrurion opportunities (swales), and ephemeral wetlands. 0vpmn GOALS The main purpose of this plan is to provide a framework for the use, preservation, restoration and management of open space in South Village and to; F • Provide recreational opportunities that are compatible with maintaining the integrity of the ecosystem. • Encourage pedestrian and bike use and discourage high-speed traffic through a series of —.—Well-connected-streets,_lanes,_pedestrian_paths,.and_btkca+ctys,_ • Encourage die preservation and use of highly productive farmland. Include provisions in each deed specifying drat die adjacent land will be encouraged to remain in agricultural use. • Develop and manage open space with the least disturbance and impact possible. • Preserve and enhance natural features such as wetlands, floodplains, and drainageways. • Protectwooded areas to maintain viable wildlife habitat and maintain connections between habitats for movement. • Ensure tbat open space management efforts do not preclude or minimize the agricultural potential of the retained open space. n SECTION Z. MANAGEMENT Or NEIGinom-IOOD ACTIVITIES AND FACILITIES 1.0 RECREATION PATH The recreation path navigates around the perimeter of the village and links with the City's existing bike path network. The recreation path is maintained and managed by the City of South Burlington and not under the purview of this plan. 2.0 SIDEWALKS Sidewalks within the road right-of-way are maintained by the City of South Burlington. The Individual homeowner sliall be responsible for maintaining front walks, which lead from their homes to the sidewalk network. This means maintaining a clear, unobstructed path during all seasons of the year, including snow removal. 3.0 QULET PATHS Quiet paths are located throughout the preserved areas of the site. They are a great amenity to the community linking residents with the surrounding natural landscape. Residents are able to experience and enjoy the native fauna and flora and the restoration areas and wetlands. 3.1 Allowable Use Walking, hiking, running, birding, nature observation, cross-country skiing, snowshoeing and other foot traffic are all permitted uses on the quiet paths. Bicycles, horseback riding, mountain biking and other off road or motorized uses are strictly prohibited except a wheelchair, baby carriage, or other like vehicle. 3.2 Management/Maintenance Management of trail systems and access should minimize conflicts among various user groups, minimize environmental impacts and provide for a quality recreational experience. The Community Association will be responsible for the general maintenance of the paths, which includes clearing of debris and other foreign matter. The paths will not be plowed during the winter montihs and patrons sliall enter and use the paths tit their own risk. 3.3 Rules Quiet paths are free and open to the public from dawn to dust: year round. Pets, including dogs, are strictly prohibited from the quiet paths. Patrons shall preserve the peace and quiet enjoyment of the trails. Noise should be kept at a volume that does not disturb other visitors, wildlife or people living in the area. Open fires and ainhpfires arestriedy prohibit-ed. Overnight camping is not allowed anywhere along the quiet paths or within the open space network. Waste must be disposed of properly. Users are responsible for carrying out their own .._.__.garbage—Aurial_of trasli.is_not-permitted._Animals-%vill_digit-up_or_it-will_becomc_exposed.`__..___ later on for someone else to find. No person may harm, harass, hunt, trap or remove any animal, including mammals, fish, insects, birds, reptiles, or other living creature. Users shall not willfully mutilate, injure, destroy, thrash, or remove any live tree, shrub, vine, wildflower, grass, fern, moss, fungus or any other vegetation. No person shall collect or harvest dead wood or plants. Alcoholic beverages arc prohibited. 3.4 Off -path Use Travelers shall stay within tie width of the quiet path. Concentrating travel on trails reduces the likelihood that multiple routes will develop and scar the landscape or disturb wildlife. Off -path use is therefore strongly discouraged. As a general rile, travelers who must venture off path should spread out to avoid creating paths that encourage others to follow. Avoid vegetation whenever possible, especially on steep slopes where the effects of off -path travel are magnified. Always choose- the most durable surfaces available: rock, gravel, sand, compacted soil, dry grasses, or snow. 4.0 PAMUNG AND ACCESS Parking is available for all residents and visitors at the Village Center as well as on -street parking found throughout the village. Several access points to the quiet paths are found throughout the village. 5.0 Pm Pets pose significant threats to forest ecosystems, wildlife and the visitor experience. Dogs and other pets are therefore prohibited on the quiet paths and are limited to streets, sidewalks, the recreation path and other areas designated by die Community Association. Dogs must always be on n leash. Owners must keel) pets Under control at all times and immediately remove or bury their waste. 6.0 RECREATION )iRLD AND FACILYTIP,S Recreational fields and facilities at the scliool site and southwest locations arc for school and resident use only, subject to rules and regulations that will be developed and posted by the Community Association. 7.0 SIGNING Signs will be installed that describe the acceptable use of recreational facilities, to identify access points, and to notify users of adjacent private property. They will be placed at all _—.- . --- - ------Quiet=Patti-trailtaeads: Tliey-will-also-list tlae-rules-for-tlie-goner-al-use of-the-opon-space.- -- Signing for the recreation path will be in accordance with City of South Burlington sign regulations, recreation path signs will be the responsibility of the City. 8.0 BACKYARDS 8.1 Maintenance and Fertilizing of Lawns, Gardens and Landscape Fertilizing lawns and gardens can accidentally lead to the contamination of surface waters - ponds, puddles, creeks, marshes, wetlands, lakes and rivers. Even a little too much can cause damage. To minimize the chance of excess nutrients getting Into surface and ground waters, the following guidelines sliall be followed: • Chemical fertilizers are prohibited. Only special slow release and organic fertilizers or compost may be used to fertilize lawns, gardens and landscape. Consult the "Living with Nature" handbook provided to each homeowner. • Pesticide and herbicide use is strictly prohibited. • Clippings should be left on the lawn, rather than removing them, to return nutrients to the lawn without the need for as Hutch fertilizer. To reduce mowing, cut back on fertilizer and water. • Water should be conserved. The less excess flow, the less chance for leaching contaminants Into any water. Use low flow devices such as drip irrigation and soaker hoses. Let lawns go somewhat brown in the summer. 8.2 Fencing Fences act as a barrier to the movements of wildlife. They often deter young and make them more vulnerable to predation and road kill. A poorly designed fence may lead to entanglement and eventual mortality, particularly during times of winter stress. • Use of privacy fencing, chain link fencing, and other restrictive access fencing should be limited to the immediate area surrounding the domicile and should not be used as a method to designate boundaries of larger lot sizes. • All backyards that abut wetland areas may only use natural fencing (liedge or wood). 8.3 Pets Growing pet populations become a problem to the natural environment and often harass or kill wildlife. Dogs, when left to roam, may negatively impact wildlife. House cats prey on small mammals, reptiles, amphibians, birds and other wildlife. Pets are also easy prey and may become part of the food chain, attracting larger predators (fox, coyote, bears) to urban environments. Dogs should be kept under the direct physical control of their owner and otherwise should be kept within a kennel or fenced area dint effectively restricts their egress into open space areas. _ _ • only_cats_kept.indoors-Avill_be.perrnittedln-Sautlh_Village 8.4 human/Wildlife Conflict Preventative Measures As humans encroach into wildlife habitat, it becomes necessary for residents to coexist with their surrounding environment. Each year, more and more bears rummage through garbage cans, skunks spray tie family clog, raccoons occupy the attic, and whitatailed deer browse gardens and ornamental plantings. Because it is not practical to move nuisance animals to another area, it is imperative to modify human behavior to minimize conflict with dieir wild. neighbors, as well as provide solutions before a problem develops. • Pet food should be kept within the domicile, garage or similar secure storage facility. Pet food should never be left outside. • Trasli and recycling slhould be kept in tamper -proof containers, in a garage, or similar secured storage facility until the clay of pick-up/disposal to prevent serving as an attractive nuisance to raccoons, skunks, dogs, and other wildlife and domestic species. 8.5 Feeding of Wildlife Many people feed deer, raccoons, wild turkeys, squirrels and other suburban wildlife, dunking they are helping these animals out by providing food. However, supplemental feeding encourages wildlife to become dependent on handouts, and often results in abnormally high populations of wildlife that become nuisances and spread disease. Furthermore, wildlife may lose their fear of humans and pets, leading to unfortunate encounters with aggressive pets and humans. • The feeding of all wildlife species except birds is prohibited. • Use of all hird feeders is discouraged. However, if feeders are used, they should be placed so they are inaccessible to raccoons, skunks, and other wildlife species that might cause damage or threaten human safety. 8.6 Maithtenahhce/I?nlhanccerhhent of Natural Native Vegetation Grading, excavating, and construction are continually disturbing Vermont's landscape. Without special effort, naturally occurring plants and vegetation are rarely reestablislhed. Most often nonnative species invade such disturbed areas and spread into adjacent landscapes where they will be difficult to control. Nonnative species cover bare ground with dense greenery and sometimes with showy flowers, but may provide little in the way of habitat values or plant community diversity and structure. Nonnative species can establish monotypic stands that deplete soil moisture and shade the ground, eliminating chances that naturatl native plants will germinate and grow, and forcing.wildlife to find edible food elsewhere, or starve. • Native vegetation sliall -not be altered and native herbaceous vegetation (grasses and fortis) shall be maintained. When re-established, it should be maintained by methods dint mimic natural processes. Mowing is strongly discouraged, except as required around the immediate vicinity of residences. 8 • Mowing is not permitted in wetlands and/or their buffers. Disturbance of wetland vegetation is limited to reniediation activities. • Planting of native trees and shrubs is strongly encouraged for the bulk of the landscape _. palexte'-btttdoes.notpreclucle_dw—iti licinusstse_of_noti--native-ortiamcnt-,tls-,-ts_lotig-a-5 _--. they are non-invasive species and approved by the South Village review process. A sample list of acceptable native plantings is provided in the table below: Table I. Sample List of Acceptable Plantings BOTANICAL 1 NAT P� MATURB HE1GIYI HARDINESS ZONE FUNCTION & (Ij) AND >C�'POSURE NAM]: AND SPREAD (S) FORM 0-T2 nT TNM rcwt; T2 Comptonia peregrina massing, naturalizing 2 - 3' h 3b, sun or shade /Sweet fern 2.6' s spreading nX17A WR CT-112 T 111Q (f-WO-InT JC)l IS) juniperus comintinis specimen, ground 8.36" li 4a, sun var. depressa / cover h - 6" s Common Juniper spreading or creeping ^ / Potentilla fruticos�y foundation, border l 1/2 - T h 3b, sun Bush Cinquefoil 2, h' s oval to round NOT'B: Therc are many dwarf anti shntb varieties anti cul(ivars of nntive evergrecti species such as Ables balsamea, Junipents virghdana, A=elauca, Pinu.sstrohus, hums virginiana, and Viu/a occldenralls, which can be used. QX,(A T T .eT-TT)T 1112C 1n1?011F)Y TnT N1 Aroma mclanocrttpa border, naturalizing 3.5' h 3b, sun or partial var. elata / 5 - 8' s shade Black chokeberry upright oval Dirca palustrls/ specimen, border, 3.6' h 3b, sun or shade Leatherwood woodland edge 3.5' s oval to round �j ,ram BOTANICAL NAMEMATURE HEIGHT 20NC I,ANDSCAI, E HARDINESS` NAME / COMMON FUNGI [ON & (H) AND EXPOSURE NAME FORM AND SPREAD (8) xv_)r %TT T%I OUDY In M170 I MT 1Q1 Ilex verticillata / border, naturalizing 6 - 10' h 3b, sun or partial Winterberry 6. 10' s shade oval Vaccinium border, liedge, fruit 6 -10' h 4b, sun or shade corymbosutn/ garden 5 - 10' s Highbush Blueberry upright oval Viburnum naturalizing, border, 8. 10' 11 3b, sun or partial cassinoides/ specimen 7. 10' s shade Witherod Viburnum, Wild Raisin upright oval Viburnum clentatum border, screen, 7.9' h 3b, suit or partial / foundation 7.9' s shade Arrowwood Viburnum oval or round Viburnum trilubttri) specimen, border, 8 - 10' 11 3b, sun or partial / screen, naturalizing 6. 10' s shade American Cranberrybush upright oval Viburnum - . ,r.�n.,.,IF „mac. A,.rrti OIL n T i g-nl,,PQ In'Rt lnl inT 1R1 Anrelanchler-arborea-- specimens .25-- 49 It 3b, sun or partial / naturalizing 15 -30' s shade Downy Serviceberry upright oval Amelanchier x specimen, 15.25' 11 4a, sun or shack grandiflora/ naturalizing 10.18' s Apple Serviceberry upright oval Amelanchier laevis/ specimen, 15.25' h 3b, sun or shade Allegheny naturalizing 8. 12' s Serviceberry upright oval BOTANICAL NATIVE .__ -LANDSC-APE - MATURE HEIGHT - - - HAR-DINISS ZONE - NAME /COMMON NAME & (11) AND EXPOSURE FORM AND SPREAD (S) _ Carpinus carolfnfana specimen, ZO- 30' h 3b, sun shade / woodlands, 15 - 20' s American l-lornbeam naturalizing u ri lit oval Corn us alternifolia/ specimen, border 17. - 20' 11 3b, sun or shade Pagoda Dogwood 8. 17' s upright oval Prunus virginiana / wildlife, border, 15.25' h 3b, sun or partial Chokecherry woodland edge 12. 15' s shade oval to round Sorbus decor» / specimen 20 - 25' h 3b, sun Showy Mountainash 15.20's upright oval Viburnum specimen, border, 12 - 15' h 3b, sun or shade prunifoliunt/ massing 8 - 12' s Blackhaw Viburnum upright oval MEDIUM AND LARGE TREES (DECIDUOUS) Acer rubrum / shade tree, specimen 50 - 70' h 3b, sun Red Maple 40.50' s upright oval Accr saccharfnum / shade tree, specimen 70.80' h 3b, sun Silver Maple 60.80' s broad oval to irregular Accrsaccharurn/ shade tree, specimen 70. 80' h A sun or partial Sugar Maple 40 - 60' s shade upright oval to round Bctula allcghaniensfs specimen, shade tree, 40. 6U li 3b, sun or partial / naturalizing 40,5U s shade Yellow Birch upright oval, round 11 BOTANICAL NATIVE LANDSCAPE MATURE HEIGHT HARDINESS ZONE NAME /COMMON DAME FUNCTIONFORM (H) AND SPREAD (S) AND L� I'OSt3RE Betide lenta / specimen, shade tree, 40.55' li 3b, still or partial Black Birch naturalizing 35.45' s shade upright oval Betula papyrifera / specimen, shade tree, 60.75' li 3b, sun Paper or Canoe Birch naturalizing 30.50' s upright oval Carya ovata / specimen, shade tree 60.75' It 4b, sun Shagbark Hickory 40 - 50' s upright oval Eagus grandifolia / specimen, shade tree 60.80' h 3b, sun American Beech 40.50' s upright oval Ostrya virgin iana / specimen, shade tree, 40 - 50' h 4a, sun, partial shade Hop-liornbeam street tree 30.40' s upright oval Prunus serotina / woodland edge, 60.75' 11 3b, sun Black Cherry naturalizing 30.50' s upright oval to irregular Quercus bicolor/ specimen, shade tree 50 - 70' ll 3b, Still Swamp White Oak 40.50' s upriglit oval, round Tilia amerlcana / specimen, shade tree, 70.80' li 3b, sun American Linden street tree 40.50' s upright oval "MTUT?g1nRRC Ables balsamea / specimen, screen, 50 - 70' ll 3b, sun or partial Balsam Fir windbreak, accent 20.30' s shade ppralnidal 12 BO NAT[VCTANICAL LANDSCAPE MATURE HEIGHT .. HARDINES S ZONE - NAME/ COMMON FUNC£ION & AND SPREAD (S) AND EXPOSURE NAME FORM juniperus virginiana screen, hedge 25 - 35' h _ hb, sun 15.20's Eastern Red Cedar pyramidal Picea glatuca / specimen, screen, 10 - 60' h 3b, sun White Spruce Windbreak 15.25' s pyramidal Pill its resinosa / screen, windbreak 60.75' h 31), sun Red Pine 25.35' s pyramidal Pinus strobus/ screen, windbreak, 60.75' lh 31), star Eastern White Pine shade tree, specimen 25.35' s ranhidal Thuja occidentalis/ screen, liedge, 30.40' h 3b, full sun, partial American arborvitae, specimen 10 - 20' s shade White Cedar pyramidal Tsuga canadensis/ specimen, screen, 50 - 75' h 3b, sun or shade Canadian Hemlock hedge 25.35' s pyramidal 8.7 Lighting Although sometimes necessary, outdoor lighting can have negative ecological effects on plants, animals, and even people. 1-1ght pollution threatens wildlife by disrupting biological rhythms and otietwise interfering with the behavior of nocturnal animals. The effects may be subtle and go unrecognized but can also be deadly. Research has revealed that behavioral patterns of insects, birds, fish, mammals and other wildlife are altered In significant, detrimental ways. For example, nocturnal birds use the moon and stars for navigation during their bi-annual migrations. When dicy fly through a brightly lit area, they become disoriented and are susceptible to collisions with over lit structures. • Individual lights on buildings or in yards, other than what is necessary for safety, is discouraged. Homeowners who want to add additional outside lighting will need to apply tothe Developer or Community Association for approval. Light sources will need to be hidden or pointed down to avoid or reduce excessive glare and visual impact on wildlife. The lowest level of illumination possible is desired. 13 • Short term seasonal decorations (i.e. Christmas lights) shall be displayed for a maximum of 6 weeks -and subject to Community Association review and guidance. 14 SECTION 2. ECOLOGICAY. RESTORATION AND HABITAT MANAGEMENT PROGRAM NOTEt Any work proposed under the restoration and management program will be subject to review by the Agency of Natural Resources, a Conditional Use Determination, and a Vermont General Permit. 1.0 XN'I Omar iON This Ecological Restoration and Habitat Management Program has been designed for the South Village residential development project in South Burlington, Vermont. This program is based on the following design objectives: 1. Restore the ecology, diversity, and beautyof native plant communities in conservation preserves. Z. Improve the ecological function and beauty of the communal open space and other areas by integrating ecological restoration with native landscaping. 3. Provide for the enjoyment of the conservation preserves. 4. Develop a long-term ecological stewardship program for the open space. 1.1 Benefits ahhd Characteristics of Restoration Restoration of native plant communities improves the health of ecosystems, including wildlife liabitat and ecological function (e.g., stormwater management). The restoration of a complex native vegetation structure and rich biodiversity in South Village's woodlands, wetlands, wet grasslands and native upland grasslands and forests will provide opportunities for populations of breeding birds, invertebrates, mammals, and other wildlife. The ecological benefits of restorntion are many. The deep and fibrous root systems of die upland native plant communities stabilize and improve soil, capture and slow runoff from developed and landscaped areas, and speed the absorption of water into the soil and groundwater. Hidden from. view, but just as important, the leaching of nitrogen and phosphorus —major contributors to water pollution and algae blooms --is slowed and water quality downstream improved. Many other functions, from seed bank replenishment to die provision of food for wildlife, are enhanced by retorntion. The first two to three years of die restoration process are the most difficult and costly. To firmly take hold in restomdons, the native plants we favor must be lielped to compete against estnblislied weeds, such as European buckthorn, Tartarian honeysuckle, garlic mustard, reed canary grass, and other introduced non-native species. Tasks will be carefully laid out and budgeted so that after the native plants are established, routine maintenance of the restored plant communities can begin. This routine maintenance is much less costly than the beginning stages of restoration. 15 1.2 Restoration and Management Philosophy The philosophy of restoration focuses on creating ecologically valuable biological communities within the context of a developed or disturbed landscape. This document provides information that serves as a baseline for assessing the effectiveness of future -��� _`_� restoration and management efforts. The goal o restoration -creating a quality environment- is represented by the plant life In the form of native plant communities. The assumption Is that if the plant communities are restored, wildlife populations, ecological functioning, and human enjoyment will be enhanced. This project will focus on creating and restoring diverse ecological systems adjacent to developed areas. Pre -settlement vegetation was used as a reference to guide the restoration work, and it is our intent to create plant communities that are native to the area, and if possible native to the site. However, changes in the landscape and existing conditions often preclude the possibility of r"reating the original landscapes presetit 150 years ago. Where plant communities arc adjacent to developed or traditionally landscaped areas, we Will Integrate the restorations with the adjacent lands. Ecological restoration does not Title Out Opportunities for ornamental gardens and plantings that employ colorful, attractive native species. Properly designed and inaintainccl, native plantings of shrubs, wildflowers, and grasses will result in an intriguing, often stunning display of color and form that blends into the more natural conservation areas or forms a transition from restored plant communities to developed areas. At South Village, landscaping concepts will be blended with carefully selected mixes of native plants to create interesting and beautiful displays for residents and visitors. 1_imited traits and gathering spots will be designed to invite walkers through the restored plant communities and plantings. Vistas will be enhanced by plantings designed to draw the eye from one colorful feature to another. 1.3 Adaptive Restoration and Management Restoration and management programs need to be flexible because of the variability exhibited by the temporal and spatial resources addressed by it plan. Programs need at times to be changed in response to new data and derived Insights resulting from regular monitoring. For these reasons, this program should be viewed as being neither conclusive nor absolute. This program is ;t starting point in an ongoing process of restoring the site's biodiversity and natural processes. Regular monitoring during the restoration process will provide feedback on die program's effectiveness, and generate information to evaluate and justify the need for changes. This process of evaluation, adjustment, refinement, and change is called "adaptive management." Adaptive management is a tool that Is fundamental to the restoration, management, maintenance, work described in this program. 2.0 WILDLIFE HABITAT CONSIDERATIONS AND ECOLOGICAL RwroRA.TION Z.1 Sotith Village Design Process South Village was designed after a natural resource mapping was conducted of the property. During the Inventory the lard's current ecological conditions and liealdi were mapped and described for the vegetation systems and wildlife resources in the property. 16 The inventory also mapped drainage patterns, depressional topographic features, poor soils areas, erosion risk, and other conditions on the landscape. In addition, field wildlife studies to understand habitat use by wildlife were undertaken. �_.__icfnr�tlrc_devclrapmen�derzign_lgan,_an ceolt�gical_r_1MztorltlQn jilaI�1s iucplrrsLtha��. focused on 1) increasing native plant community diversity, 2) stabilizing soils, 3) providing improved wildlife habitat opportunities, 4) reducing longstanding impacts of the presently abandoned agricultural uses on the land including ditched and tiled lands, graded and land filled areas, and 5) implementing ways to improve the stormwater functions of the land by reducing current water yields, improving the quality of water leaving the land, and stabilizing the hydraulics from current runoff, particularly in wetlands and the associated unnamed tributary stream. Planning for the development followed this ecological and wildlife inventory, and restoration and stormwater conceptual design process. 2.2 Wildlife Use Patterns Wildlife use of the South Village property was most strongly associated with forested wetlands and mature forest areas near the eastern boundary (Capon 2000. Birds, too, were most numerous on the eastern and northeastern portions of the property, the product of the intersection of forest, wetland, and grassland habitat types. Most of the land west of the wetland is highly degraded and dominated by birds foot trefoil (Lotus corniculatus) and other planted and typical followed farm field plants such as Canada goldenrod (Solidago camuleasis), European brome grass (Bronrtts inerrnis), quack grass (Agropyron repens) and little else. 2.3 Site -Specific Opportunities Connecting Native Plant Comanttnities The South Village site presents opportunities for connecting native plant communities, using greenways and other natural open space corridors. l:raiploying natural ecological systems for stormwater management, such as the Stortnwater Treatment TrairJM (STT), will lielp achieve this objective. The proposed site design creates a substantial greenway that connects the site's central wetland with forested areas, reforested areas under the plan, mesic grasslands to be planted, and also with restored wetlands created as a part of the stormwater fitanagcment system (STT) in the property. This greenway will provide valuable wildlife habitat, travel corridors, and opportunities for ecological stounwater management, habitat restoration, and many other ecological improvements. 3.0 1ZGSTORATIONAND MANAGENONTACI'LVl' us 3.1 Introduction The Ecological Restoration and Management Program for South Village is comprised of two stages: a) Restoration Stage: The restoration stage is the period when major efforts are undertaken to restore vegetation and biological diversity and begin the process 1 Q%pen, D. E. 2004. South Vill ige wildlife assessment. Unpublished report submitted to Rcrmvest Comixtril . 9pp. 17 of restoring ecological functions. The restoration stage includes enhancement r , of existing degraded native plant communities as well as restoration of native plant communities that once occupied the site. Tasks during this phase Include reducing undesirable species and planting native species. The period of time requ red to cone ict tlic restoration scagc ilepcn(is on'the condition of the ecological system, die level of effort needed, and the opportunities and constraints (e.g., access, weather, biological response). Typically a restoration stage of three years for a given area is required, followed by the management stage for that area. b) Management Stage: After achieving initial restoration goals, the restoration process shifts to a reduced -intervention, lower -cost management stage. Tasks during this stage include spot herbicide treatments, remedial planting, and prescribed burning. To carry out the restoration and management stages, ecological concepts and prescriptions will be written and scheduled over a multi -year period for each of several management units that are developed for a site. Management units are typically ecologically significant groupings of plant communities that are convenient to manage. Tasks are performed on a regular schedule, guided by annual ecological monitoring. Management strategies are usually completed on a rotational basis. For example, areas that may be managed with prescribed burning are often split into management units demarcated by existing and convenient firebreaks, such as hiking trails or surface water features. In a given year, perhaps two management units on the site will be burned, and the following year another two units will be burned, and so on. While certain management tasks will occur only in particular management units ina, given year, annual monitoring and other management tasks will occur throughout the entire conservation area. Management units for South Village will be developed during finalization of the project. 3.2 Scheduling A difficult part of the restoration and management program is to organize the tasks in a clear and easily understood format. It Is important that the program and schedule be flexible. Flexibility is necessary if activities dint are planned require suitable weather conditions. Flexibility Is also necessary because feedback from the monitoring program may result in changes of strategy, techniques, and tithing in order to satisfy the restoration goals. While prescribed burning.is an ecologically effective and cast- effective technique, it may be desirable that portions of the conservation area be restored and managed using alternative methods (e.g., more Intensive mowing or herbicide regimes). A more detailed description of specific restoration and management tasks to occur i i particular restored or enhanced native plant communities is provided in Section 3.6 below. 3.3 Monitoring & Reporting )ecological monitoring provides important data about the effectiveness of the restoration and management program. It requires drat the response of the native plant communities be checked regularly by ineasuring ecological indicators of plant community recovery. 18 Effectiveness I judged against the goals and objectives of the project design. Goals can be modified over time as a result of this feedback. The results of annual monitoring are used to direct the restoration and management activities for the upcoming year. Photography is often used to document a chronosequence of ecological change during restoration and management. Reports detailing locations and dates of all restoration and management efforts undertaken and the ecological monitoring that occurred should be completed nnnually. This report is useful for noting the restoration progress, as well as assessing the need for modifications to the restoration and management program (i.e., adaptive management). 3.4 Specialized 'Training; For many of the restoration tasks (e.g., prescribed burning, herbicide use, monitoring) specialized training (often involving licensing or certification), oversight, and guidance are required of personnel before the restoration program begins. Personnel and volunteers involved in prescribed burning, brush control, monitoring;, seed collection, etc, should receive training commensurate with the activity in which they would be involved. Training Is especially important for those activities that may have risk and safety implications (e g., prescribed burning), but also for monitoring, where an accurate assessment of the response of the ecological system to the restoration treatments is required. 3.5 Restoration Stage Activities In our restoration work, AES aims to restore conservation areas to native plant communities specific to the project location, and where that is not possible or practical, we aim to restore areas to a community native to the site vicinity or region. Plant communities that will be enhanced and/or restored on the site include: • Mesic Forest • Brt�shlands • Oak-1'l11c Forest • Oak Forest Grasslands • Wedae(Is In addition to the above listed plant communities, colorful native plant enhancement areas will be designed into the site's open space and features, and a no mow roadside mix will be installed along roadways to facilitate maintenance and firebreaks. The tasks for enhancing and restoring the various plant communities proposed for the site are outlined below, and a more detailed description including native plant species lists for each zone is to be included in future specifications. Mesie Forest, Bnushlauds Remove invasive woody vegetation from the deciduous forest/woodland, including common buckthorn, black locust, and Tartarlan honeysuckle. Selectively cut aggressive native woody species such as boxeider, prickly ash, elm, and green ash. This work may entail cutting and stump -treating %Pith an appropriate herbicide, basal bark application with herbicide then allowing dead saplings to faU and be 19 consumed over time by prescribed burning and/or decomposition, or foliar spray E' with herbicide. • Enhance forest/woodland areas using appropriate local ecotype saplings and seedlings including native oaks, chokeclerry, Juneberry, gray dogwood, and American plum, as well as appropriate forest/woodland forbs and graminoids. • Control invasive non-native herbaceous vegetation with prescribed burning and/or appropriate herbicides, and encourage growth of native forest/woodland species. Oak -Pine Forest • Remove invasive woody vegetation as described in 1 above. Selectively thin existing pines to allow sunlight to penetrate the canopy and reach the forest floor in areas. • Enhance the oak -pine forest area using appropriate local ecotype saplings and seedlings including white and red oaks, chokecherry, juneberry, gray dogwood, and American plum, as well as appropriate forbs and graminoids. • Control invasive non-native herbaceous vegetation as described in 1 above, and encourage growth of native species. Oak Forest • Remove invasive woody vegetation from the existing oak forest and selectively cut aggressive native woody species as described in 1 above. • Enhance and restore dry oak forest patches within a grassland matrix, creating a mosaic of these two habitats. Use appropriate local ecotype saplings and seedlings of species currently occupying the area, including bur and Northern pin oak, as well as appropriate forest forbs and graminoids. • Control invasive non-native herbaceous vegetation as described to 1 above, and encourage growth of native species. Grasslands Enhance remnant and restored grassland areas on the site. Restore mesic native grasslands appropriate within the site's conservation areas. This work will require appropriate site preparation and control of invasive species (e.g., brome grass and reed canary grass) using prescribed burning and appropriate herbicides. following site preparation, soil preparation and seeding/planting with appropriate, local ecotype, native grassland species will occur. Many portions of the site can be converted to native grassland systems with moderate effort. Wetlands Enhance the existing wetland and its surrounding agronomic weed dominated buffer area to diverse native plant commit nities . Prior to enhancement, die wetland will require control of invasive non-native species d rough application of appropriate herbicides and possibly prescribed burning. Appropriate training and permits for use of selective herbicides for use in the wetland and wetland buffer will be obtained from the State Department of Agriculture to allow these activities to 20 occur. Herbicides are not broadcast sprayed during a restoration process. Instead they are wick�applied directly to the target individual plants, which uses 1/25 the quantity of herbicide and also reduced exposure risk to other biota. The species of most concern in the site wetland are the invader from Southeast Asian, Reed canary grass (Phalaris arunclinancea) and a hybrid grass introduced from Europe, called Giant reed grass (Phraginites communis). Reduction of these aggressive exotic species will allow the sedge meadow, wet grassland and emergent wetlands in the property to be enhanced and restored. Introduction of locally harvested native genetic seed stocks for wetland species, and management that stimulates the native seed bank response for the appropriate for the anticipated water regime, and the surrounding buffer areas should be restored with native mesic grassland, wet grassland, and appropriate woody vegetation. Numerous new wetlands will be created as a result of the site's Stormwater Treatment Trained (ST1) elements. Stormwater will flow into native vegetated swales and into infiltration areas (typically wet grasslands and native upland grasslands) as well as deeper mixed emergent marshes. These wetland areas will be designed, graded, and planted to provide diverse native wildlife habitat that provides stormwater management functions as well as aesthetic and wildlife benefits. 3.6 Management Stage Activities Following the first three to five years of the restoration stage, the project will transition into the management stage. The management stage is critical for maintaining the value of the investaient, perpetuating the plant community, and maximizing the ecological and aesthetic benefits of the native plant communities. Management activities will occur within designated management units. Appropriate management tasks for the entire conservation area and within particular management units will be guided by the annual monitoring. Monitoring provides fecdlback on the success of the restorations and enhancements, identifies developing problems, and is used to modify management techniques in order to achieve a higher success rate. Both long; term management and monitoring arc intended to be conducted) in perpetuity at South Village. In brief, long-term management of the site's conservation areas will include restoring the fire regime through prescribed burning where appropriate. Lowland hardwood forest rarely burned historically. However, during restoration and the early phases of ongoing management, surface Fires arc a great lielp in reducing non-native plant species cover and encouraging the growth of native groundlayer species. Wetlands, forests and wet grasslands and native upland grasslands, however, would benefit greatly from a regular schedule of prescribed burning. The Lake Champlain valley bas a historic fire history and has been largely shaped by indigenous American -use of prescribed burning which has contributed to the unique flora and character of the forests, wetlands and grasslands still present to this day.'I'lie goal of burn management Is to emulate the historic conditions that shaped the native plant communities in the valley. Limited use of appropriate physical (e.g., cutting) and chemical (e.g., lierbicide)-treatments may be necessary to control invasive plant species at the site. Species of particular concern 21 observed at the site include common buckthorn, black locust, and Tartarian Honeysuckle, reed canary grass, and smooth brome. The management tasks described in Table 2 below are repeated at certain intervals for different plant communities. Repetition is necessary to ensure that the restored condition of the plant communities is maintained over the long term. Table 2. Long -Tenn Management Activities SPOT RE MEDIA], PLANT PRESCRIBED HERBICIDE SENDING ANNUAL COMMUNITY BURNING TREATMENT Sr. MONITORING PLANTING Mesic forest 2-3 2-3 3.5 1 Bruslilands 2-3 2 3 __ 1 Oak -Pine Forest 5.7 1-2 23 1 Oak Forest 2-3 1-2 2.3 1 Mesic Grassland 2,3 2,3 3-5 1 Wet Grassland 3-4 1-2 3.5 1 Meadow 11mnergent 3-4 1,2 3-5 1 Wetland Notes: Numbers represent frequencyof tasks (lit years). Spot Herbicide Treatuient and Remedial Seedint; & Planting sclicdules assume that prescribed butning will be employed as a restoration and tnannpement technique. If prescribed burning is not employed as n restoration and management technique, mowing would likely be required. 22 SECTION 3. AGRICULTURAL MANAGEMENT PLAN BY THE INTERVALE 1.0 BACKGROUND For the past sixteen years, the Intervale Foundation has played a leadership role in developing urban agriculture in the City of Burlington, Vermont. Today eleven independent farmers participate in the Farm Program. A total of 110 acres produce a Wide variety of crops including flowers, mixed vegetables, fruit, eggs and grains. In addition to typical farm markets like farmers' markets, restaurant and grocery stores, the Intervaie has supported die development of a Community Supported Agriculture (CSA) market option. Today, five farms at the Intervale offer CSA members a weekly basket of mixed vegetables, fruits and flowers for approximately 800 families during the harvest seasons from June thru October. In return members pay a share price for the entire season. The share price provides farmers with operating capitol in the beginning of the season and the members receive weekly baskets of the bountiful harvest throughout the growing season. Vermont Agriculture is experiencing; n renaissance. While traditional farms are experiencing a Ions in farm numbers and acres in production, there is a strong growth in both farms and acres in diversified agricultural production. For many individuals interested in launching their farms, formidable barriers still exist. One key challenge particular to Chittenden County and surrounding communities is access to affordable land and capital expense associated with startup operations. 2.0 GuNBRAL RFCOMMLNDATION Farmland In South Village poses a strategic opportunity to offer one to three new farm endeavors access to highly productive agricultural land. The South Village housing development, surrounding; neighbors and communityaccess make it ideal to lnuncli a community supported suburban farm experience Including a CSA, pick your own, and farm stand operation. South Village farmland could easily incorporate a direct to consumer and/or wholesale conservation nursery as well. 3.0 FARM The land size (approximately 35 acres) and configuration (mostly flat With road frontage), and soil types could create a thriving suburban agricultural opportunity. The acres available could accommodate ample production to effectively support one to three farm operations. Due to the close proximity to residential development we recommend a mixed vegetable and horticultural production utilizing organic practices. It will be necessary to develop a variety of farm infrastructure in storage, )valk--in coolers, Ihoop houses, greenhouses, fam rresidence, irrigation system and a variety of farm equipment. A percentage of lot sales could effectively capitalize farm infrastructure needs. Exemption and or special consideration should be ;applied to lowincome unity. 23 3.1 Farin Operations The site has the potential to house one to three typical organic mixed vegetable farms producing3O.35 varieties of vegetables, herbs, cut flowers and small fruits (like strawberries and raspberries). In addition, a Conservation Nursery would be able to provide ecologically sensitive native plant material to complcinent the unique environmental commitment that South Village proposes. 3.2'iype of Products • A typical organic mixed vegetable farm produces (30-35 varieties), flowers, herbs and a variety of fruits such as strawberries, raspberries and melons. • Small fruits like strawberries and raspberries. • Cut Flowers • Native /Conservation Nursery would be able to provide ecologically sensitive plant material and complement the unique environmental commitment that South Village possesses. 3.3 Farm Recruitment Strategics It will not be difficult to find farmers to operate this parcel of land. Recent land offerings by the Vermont Land Trust in Chittenden County had over nineteen applicants. Both the local land mist and Intervale Foundation receive numerous inquires from individuals seeking farm opportunities in Chittenden County. Utilizing existing resources like agricultural organizations' websites, I-and1ink and public relation outreach should generate ample farm candidates. A Comprehensive process and protocols for farm selection should be developed in 2005 and could be modeled after existing organizations like the Intervale and area land trusts who have extensive experience in farin recruitment and selection. 3.4 Transparent Farin Management and Goals South Village residents, neighbors and commuters will all have a strong awareness of the farm. The farm will operate -with transparent farm management policies and goals. Mutual goals should be established between the landowner, residents and the farm operators. 3.5 LongTerm Tease Agreements Utilizing a comprehensive lease agreement will provide shared understanding and expectations between the landowners and the participating farms. The agreementwill include land lease/rental fees and term, equipment protocols (fees if appropriate), renewal, termination, revision eligibil[ties and liability requirements. We recommend die farm carry comprehensive liability insurance. In addition the farmer will be required to hold harmless the property owners (indemnification). The farm will agree to follow all written protocols, including operational provisions. The Intervale Foundation has a comprehensive lease agreement that will serve as an excellent template. These agreements will provide the owners with appropriate land management oversight. 3.6 Restrictions All restrictions and acceptable agricultural practices will be present In the farm lease agreement and/or protocol section. All ftrrrrers will be required to meet organic 24 production standards as per NOFA guidelines. Due to the close proximity to the homes no livestock product will be allowed. Limited hours of operation for machinery will be outlined in protocols but an emergency clause will ensure that the farmer could operate machinery to save the farm from catastrophic loss. In addition we recognize farm odots related to compost will require restriction in its location and management practice to minimize unpleasant odor experiences. 4.0 Mmu= Dramatic interest in organic agriculture, increased interest in purchasing of local farm products and the number of CSA farmer operations Indicate that a CSA and various direct market options would be viable for South Village. In just the past ten years, the number of certified organic farms in Vermont has grown hom, 78 to 345. In the food industry die organic food products have been experiencing an annual growth rate of twenty percent since 1998. The number of CSA farmers in Vermont has grown substantially from a handful of farmers in 1990 to 40 fihrms offering this unique local access to local and/ or organic food. According to it recent Vermonter Poll conducted by the University of Vermont's Rural Studies department, there Is significant interested amongst Vermonters to purchase local farm product. One of the identified barriers is access to product. These emerging consumers are becoming more health conscious and recognize the importance of access to fresh, healthy food for their families. With many small farms not structured and/ or viable, to access large grocery chains, creative and alternative shopping; options like CSA's will help small farmers capture this market interest. 4.1 Farm Market Recommendations Cmiuntmity Supported Agriculture Primary market should consist of Community Supported Agricultural (CSA) farm model. Due to the unique nature of the South Village development and South Burlington's commitment to supporting agricultural efforts in its south quadrant a CSA farm would link consumers and farmers for mutual benefit, Consumers will receive fresh and affordable produce and have the pleasure of being part of farm life. CSA's help farmers Increase their financial security and develop strong relationships with their farm members. On average, CSA members' households save twenty to thirty percent over typical retail prices. In addition to products produced on the farm the CSA could easily offer Iocal meats, cheese and breads for example, which are produced In the area. South Tillage CSA could accommodate between 450 to 500 members. We -anticipate the farm -recruiting members from both residents of South Village and neighbors alike. Members of the farm will build a vibrant farm community in a unique suburban setting. Typically, CSA, members help set the ovem11 direction of the Farm through a steering committee, while others contribute by helping in the fields, making phone calls or planning special events. These special events like seasonal poducks, annual meetings, and on-fnrni activities enhance the connection to the farm. Fit • Distribution Beginning in mid June through early -November produce is available on a weekly basis. The member comes to the farm and collects their share of the harvest. Designated pick-up days (twice a week) anti times (typically from 3:00 to 6:30 p.m.) provide a friendly environment to see friends and neighbors. Product variety starts in June with lettuce, salad greens, peas, broccoll, zucchini, beans, basil and strawberries. Stemmer months provide shareholders %vide spinach, greens, baby beets, carrots, onions, tomatoes, cucumbers, peppers, tomatoes, eggplant, garlic, onions, melons and new potatoes. Fall months bring squash, pumpkins, kale, Brussels sprouts and root crops. • Sluire Options Members receive a portion of the harvest based on their membership levels. Generally, SmallShares feed 1-2 adults, Xfcc/iron shares, 2.3 adults and Large shares, 3 or more adults. The CSA could also offer subsidized memberships and working memberships. Parni Stand and Pick Your Omi Farm stances offer a more traditional shopping experience for the consumer and help reduce marketing costs like transportation, shipping containers and wholesale handling cost for die farmers. Special consideration Is required for getting customers to the market and overcoming customers' perceptions of roadside markets ns being less clean and having lower quality produces High quality diversified crop production must meet three season (spring, summer and fall) inventory and customer interest. Facilities need to include sales area, adequate parking and roadway access. Effective and efficient market layout can attract customers, induce them to buy more, and reduce labor hours. More farm stands are Incorporating agricultural experiences like pick -your own, entertainment and education. 5.0 I.,AND MANAGEMENT In evaluating the land it is apparent that the 35-acre parcel is well suited to support a variety of agricultural endeavors and approximately seventy acres should remain in n natural state. Existing Sod types and conditions would be able to support the cultivation of a wide variety of agriculturnl production. The designated wetland and wildlife habitat areas will be preserved and appropriate restoration practices implemented to ensure biodiversity and encourage native plant communities provided, however, that comunercial agricultural uses shall remain a permitted use in all land management areas, including but not limited to the designated wetland and wildlife habitat areas, so long as the proposed agriculture use complies with the Vermont Wedand Rules, the most recent policies and regulations adopted by the Vermont Agency of Agriculture, Food and Markets, and Section 3 of this Land Management Plan. 26 5.1 Soil Maintenance and Improvement r Unfortunately the land has been out of agricultural production for quite sonic time. After soil analysis has been completed we strongly recommend that cultivation and cover crop activity occur in the spring and fall of 2005. All lease agreements with farmers will require an annual land management review. Land use practices, soil amendments applied, cover crop, methods of tillage and insect and disease control should be monitored. Farmers should meet and/or exceed organic production practices. To ensure long term health of the soil one third of the parcel should remain in cover crop. 5.2 Coanmitment to Farm Operation In Perpetuity Since the farm operations will be providing critical benefits to the neighborhood and community alike we recommend that the developer and or landowners work with a land trust to identify options to ensure the land will wtnain in ,agriculture. One option to consider would be transferring development easements and stewardship oversight of a portion of the property to a land trust. This option is being; explored with the Vermont Land Trust and other appropriate entities. Thera are it number of land trusts, in dic local, state .and national arenas, which would be very interested in partnering; with this creative community development model. 5.3 Wetlands and Wildlife Habitat A wetland and wildlife habitat assessment will identify areas that will require restoration and management efforts. Due to the proximity to construction and the ecological design efforts we do not anticipate any negative impact to sensitive areas by the farm operations. A construction protocol to mitigate any negative impact will be included in construction contracts consistent with Federal and local requirements. Appropriate planning, regenerative practices, plantings of native plants and natural efforts will ensure the wedand and wildlife habitat flourish and are compatible with the farm operations. 27 - 00 m , o Ga> Y r! m p t pI t 1�J�I CoD jJl •� .• '� pyI z � F acu SQUTHVXlAG7a m,cmLwxzwm . _—_m--n=AND AWN RZAO �r.•tx �ea"«�t tr •t FparsroRc ARC.HAECLOaCAI_ St 1 -PLAN 7k.zoe r �Cl AS-1 DOREMUS KANTOR & ZULLO ATTORNEYS AND COUNSELLORS AT LAW HICKOK & BOARDMAN PLACE 346 SHELBURNE ROAD, SUITE 401 P.O. Box 445 BURLINGTON, VERMONT 05402-0445 PETER M. DOREMUS STEVEN J. KANTOR JuDmi L. ZuLLo BRIAN P. CREECH STEVEN E. SCHINDLER, OF COUNSEL TEL: (802) 863-9603 FAx: (802) 658-5685 www.dkzlegal.com ASIiLEY LAROSE, RP®, PARALEGAL ATTORNEY'S REPORT AND OPINION ON TITLE RECORD OWNER: South Village Communities, LLC PROPERTY ADDRESS: 1840 Spear Street, South Burlington, Vermont (the "Property") PROPERTY DESCRIPTION: Being a portion of the land and premises conveyed to South Village Communities, LLC by Warranty Deed from Paul R. Calkins dated November 29, 2007, and recorded in Volume 801, Pages 465-466 of the City of South Burlington Land Records, and in Volume 348, Pages 416- 417 of the Town of Shelburne Land Records. That portion of South Village located in the Town of Shelburne is a small triangular parcel of undeveloped land. Being the lands and premises conveyed to Paul R. Calkins by Warranty Deed of Paul R. Calkins, Trustee of the Downing -Calkins Revocable Trust, dated December 2, 1997 and recorded on December 12, 1997 in Volume 419, Page 454 of the City of South Burlington Land Records, and recorded on December 18, 1997 in Volume 210, Page 106 of the Town of Shelburne Land Records, and being more particularly described therein as follows: `Being certain premises consisting of 242 acres, more or less, with the buildings and improvements thereon and the contents therein, located on the easterly side of Spear Street, so-called, and being all of those same lands and premises conveyed to the Grantors herein, Harley D. Downing and Rena E. Calkins, by Warranty Deed of Sand Dunes Realty Corporation dated May 17, 1945 and recorded in Volume 20 at Page 55 of the South Burlington Land Records and also recorded in the Shelburne Land Records and being all of those same lands and premises conveyed to Sand Dunes Realty Corporation by deed of Rachel S. Fuller, Executrix, by deed dated September 17, 1943 and recorded in Volume 18 at Pages 109-111 of the South Burlington Land Records, and in Volume 28 at Pages 557-559 of the Miscellaneous Records of the Town of Shelburne.' "The Grantor herein, Paul R. Calkins, Trustee as aforesaid, hereby warrants that he is the sole Trustee of the aforesaid Revocable Trust, that his appointment as said Trustee has never been revoked, and that his conveyance is being made in accordance with paragraph 2 of the aforesaid Trust Agreement, which provides, in part, as follows: `...Upon the death of the survivor of the Grantors, this Trust shall terminate and the outstanding balance shall be paid, delivered or conveyed over to Paul R. Calkins of Lyndon, Vermont...' "The Grantor herein further warrants and that the said Harley D. Downing died on August 19, 1987 in Burlington, Vermont, and that the said Rena E. Calkins died on September 4, 1996 in St. Johnsbury, Vermont." The land and premises described herein are subject to and have the benefit of all of the easements, rights of way, rights, covenants, conditions, restrictions, permits, approvals, regulations and certificates of occupancy described in the Declaration of Community Association and Covenants, Conditions and Restrictions for South Village dated May 21, 2008 and recorded in Volume 815, Page(s) 384-467 of the City of South Burlington Land Records, including all Exhibits and Plats. EXCEPTING THEREFROM, those units subsequently conveyed by South Village Communities, LLC. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. This report on title to the Property is based upon examination of the Land Records of the City of South Burlington, Vermont (the "Land Records") and the Land Records of Shelburne, Vermont (the "Shelburne Land Records"). This report is addressed solely to matters affecting record title to the above -described lands and premises (hereinafter the "Property"). In providing it, we have assumed that at the time of our examination of title, all documents theretofore delivered to the municipal clerk, have been correctly and completely indexed, and that all oral statements made to us by governmental officials with respect to the status and content of public records were correct and complete. We also have assumed, without independent verification, the genuineness of all signatures, the due authorization of all recorded documents and instruments affecting record title to the property, and the enforceability of all such documents and instruments in accordance with their terms. This opinion and report on the title is furnished in connection with a proposed transfer of wastewater line easements, stormwater management easements, recreation path easement, sidewalk easement, and streets and roads as required by the South Burlington Development Review Board and as shown on a plan entitled "Phase 2 Easement Plan, South Village Communities, LLC, Spear Street, South Burlington" prepared by Civil Engineering Associates, Inc., dated October 13, 2013, last revised October 15, 2014, from South Village Communities, LLC to the City of South Burlington; it is for the sole use of City of South Burlington, and South Village Communities, LLC and is not transferable. 2 Based on such examination and the assumption that the records examined are currently and correctly indexed in the general indices, it is my opinion that, except as set forth below, on the effective date of this report the title of the record owner is a marketable title in fee simple. 1. MUNICIPAL CHARGES: (Unless otherwise indicated, these are based on oral verification by the appropriate municipal officer.) i. Assessed Valuation: The Property is not separately assessed as of the date of this opinion. South Burlington $ 5,000,000.00 (Parcel I.D. No. 1640-01840) Shelburne: $33,000.00 (Tax I.D. No. 2282-000000) ii. Taxes for the Current Fiscal Year: The Property is not separately assessed as of the date of this opinion. South Burlington Property taxes on the Property for the current fiscal year, July 1, 2014 to June 30, 2015, are $98,994.99 and are due and payable in three equal installments on the 15t" of August, November and March. Shelburne Property taxes on the Property for the current fiscal year July 1, 2014 to June 30, 2015 are $572.97 and are due and payable in three equal installments due on the 15" of August, November and March. iii. Delinquent Taxes: None of record. iv. Street, Curb and Sidewalk Assessments: None of record. V. Water Liens: None of record. vi. Electricity Liens: None of record. vii. Sewer Assessments: None of record. viii. Fire District, School District or other Municipal Liens or Assessments: None of record. 2. MORTGAGES: a. Mortgage Deed to Chittenden Trust Company, dated November 29, 2007 and recorded in Volume 801, Page 467 of the Land Records; and in Volume 348, Page 418 of the Town of Shelburne Land Records, as amended by the following: i. Amendment to Mortgage to People's United Bank (successor to Chittenden Bank d/b/a Chittenden Trust Company), dated December 3, 2010 and recorded in Volume 978, Page 297 of the Land Records, and in Volume 381, Page 60 of the Town of Shelburne Land Records. ii. Amendment to Mortgage to People's United Bank, dated November 30, 2012 and recorded in Volume 1123, Page 35 of the Land Records, and recorded in Volume 404, Page 267 of the Shelburne Land Records. iii. Amendment to Mortgage to People's United Bank, dated October 25, 2013 and recorded in Volume 1193, Page 145 of the Land Records, and recorded in Volume 414, Page 404 of the Shelburne Land Records. 3. ATTACHMENTS AND LIENS: None of record during the time period searched. 4. EASEMENTS AND RIGHTS OF WAY: The Property may be subject to following the easements and rights of way for South Village Community: a. Easements and rights granted to Vermont Electric Power Company, Inc. as described in the Findings and Order of the State of Vermont Public Service Board dated December 30, 1976 in the matter Vermont Electric Power Company, Inc. v. Rena E. Calkins and Harley D. Downing, Docket No. 3828, recorded on January 11, 1977 in Volume 131, Page 19 of the City of South Burlington Land Records, and as described in the Supplemental Findings and Order of the Vermont Public Service Board in the said matter dated January 4, 1977 and recorded on January 11, 1977 in Volume 131, Page 31 of the Land Records; b. Easement Deed of Paul R. Calkins to Green Mountain Power Corporation and Verizon Telephone Company dated December 6, 2001 and recorded in Volume 531, Page 267 of the Land Records. record: C. Easements and rights of way shown and depicted on the following plans of "Master Plat Plan, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.0, prepared by Civil Engineering Associates, Inc., dated August 2004, last revised August 7, 2007 and recorded in Map Slide 503, page 4 of the Land Records: ii. "Master Plan Phasing, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.1, prepared by Civil Engineering Associates, Inc., dated June 2004, last revised August 7, 2007 and recorded in Map Slide 503, Page 5 of the Land Records; iii. "Master Plan Phasing North, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S1.2, prepared by Civil Engineering Associates, Inc., dated August 2004, last revised August 7, 2007 and recorded in Map Slide 503, Page 6 of the Land Records; iv. "Master Plan Phasing South, South Village, Spear Street and Allen Road, South 4 Burlington, VT," Drawing umber S1.3, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised August 7, 2007 and recorded in Map Slide 504, page 1 of the Land Records; V. "Master Plan Phasing East, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.4, prepared by Civil Engineering Associates, Inc., dated August 2004, last revised August 7, 2007 and recorded in Map Slide 504, Page 2 of the Land Records; vi. "Phase 1 Subdivision Plat, South Village, Spear Sheet and Allen Road, South Burlington, VT," Drawing Number S1.3A, prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised May 16, 2007 and recorded in Map Slide 506, Page 4 of the Land Records; vii. "Phase I Subdivision Plat, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S1.3B, prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised November 14, 2013 and recorded in Map Slide 573, Page 6 of the Land Records. d. Easement Deed granted to Vermont Gas Systems, Inc. by Easement dated January 11, 2008 and recorded in Volume 807, Page 129 of the Land Records. e. Easement to Green Mountain Power Corporation and Verizon New England, Inc. dated December 13, 2008 and recorded in Volume 803, Page 687 of the Land Records. f. Easement to Verizon New England, Inc. by Easement Deed dated March 7, 2008 and recorded in Volume 820, Page 178 of the Land Records. 5. LEASE LAND RENT: None of record during the time period searched. 6. PROTECTIVE COVENANTS; OTHER RESTRICTIONS OF RECORD: a. Development Agreement by and between the City of South Burlington and South Village Communities, LLC dated August 8, 2007 and August 9, 2007 and recorded in Volume 792, Page 69 of the Land Records. b. Irrevocable Offer of Dedication from South Village Communities, LLC to the City of South Burlington dated October 12, 2007 and October 15, 2007 and recorded in Volume 798, Page 240 of the Land Records. C. Development Escrow Agreement by and between the City of South Burlington and South Village Communities, LLC dated December 3, 2007 and recorded in Volume 802, Page 25 of the Land Records. d. Declaration of Community Association and Covenants, Conditions and Restrictions for South Village, a Conservation Community, dated May 9, 2008 and recorded in 5 Volume 815, Page 384 of the Land Records. e. Amended and Restated Irrevocable Offer of Dedication from South Village Communities, LLC to the City of South Burlington dated January 21, 2014 and recorded in Volume 1203, Page 106 of the Land Records. f. Amendment to Development Escrow Agreement by and between the City of South Burlington and South Village Communities, LLC dated June 3, 2014 and recorded in Volume 1218, Page 144 of the Land Records. 7. STATE OF VERMONT ENVIRONMENTAL AND LAND USE REGULATIONS: The Property is subject to, and benefits from, the following State of Vermont Agency of Natural Resources Land Use, Subdivision, and/or Stormwater Discharge Permits of record: a. Land Use Permit No. 4C1160-1 dated August 23, 2007 and recorded in Volume 793, Page 723 of the Land Records, as amended by 4C1160R-lA dated September 3, 2008 and recorded in Volume 825, Page 446 of the Land Records, and recorded in Volume 355, Page 294 (and re -recorded in Volume 355, Page 555) of the Shelburne, as amended by Land Use Permit No. 4C1160R-2, dated August 20, 2008 and recorded in Volume 823, Page 652 of the Land Records, and recorded in Volume 355, Page 59 of the Shelburne Land Records, as amended by Land Use Permit No. 4C1160R-1B dated December 11, 2013 and recorded in Volume 1213, Page 235 of the Land Records, and as may be amended from time to time. b. Wastewater System and Potable Water Supply Permit No. WW-4-2613 dated July 11, 2007 and recorded in Volume 790, Page 340 of the Land Records, as amended by WW 4- 2613-1 dated July 3, 2008 and recorded in Volume 821, Page 20 of the Land Records, as amended by WW-4-2613-2 dated December 10, 2013 and recorded in the Land Records and in Volume 415, Page 100 of the Shelburne Land Records, and as it may be amended from time to time. C. Notice of Issuance of Stormwater Discharge Permit No. 4096-INDS.A by the Vermont Department of Environmental Conservation, dated December 3, 2010 and recorded in Volume 979, Page 173 of the Land Records. d. Notice of Issuance of Stormwater Discharge Permit No. 4096-INDS.AR by the Vermont Department of Environmental Conservation, dated October 8, 2014 and recorded in Volume 1237, Page 64 of the Land Records. e. Authorization of Notice of Intent #4096-9020 under Construction General Permit #3-9020 issued June 25, 2009 by the ANR Watershed Management Division. f. Conditional Use Determination No. 2001-274 dated May 1, 2006 and recorded in Volume 789, Page 286 of the Land Records, and as it may be amended from time to time. g. Public Water System Permit to Construct, Project #C-1688-05.0 WSID #5090, and as it may be amended from time to time. 0 h. Consent Decree and Order of the State of Vermont Environmental Court in the civil action In re: Appeal of Skip & Denise Vallee, Docket Nos. 27-2-06 Vtec, 111-5-06 Vtec, 116-5-06 Vtec, 74-4-05 Vtec and 196-8-06 Vtec, dated January 18, 2007, January 29, 2007 and February 6, 2007. i. State of Vermont Agency of Natural Resources Individual Wetland Permit File #2013-049, dated September 10, 2014 and recorded in Volume 1233, Page 119 of the Land Records. 8. MUNICIPAL LAND USE PERMITS AND APPROVALS: The City of South Burlington has issued a Zoning Compliance Certification, dated October 1 2014, indicating that the City of South Burlington is not aware of any pending zoning enforcement actions against South Village Communities, LLC for 1840 Spear Street in South Burlington. The Property is subject to and benefits from the following, but not limited to the following, City of South Burlington Zoning Permits of record in the Zoning Department: a. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-04-01 dated March 10, 2005. b. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-04-01 dated July 19, 2005. C. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-04-55 dated August 3, 2005. d. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-05-02 dated February 10, 2006. C. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-05-92 dated February 10, 2006. f. Development Review Board Findings of Fact & Decision on Final Plat Application #SD-06-21 dated May 3, 2006. g. Zoning permit No. ZP-07-389 dated November 7, 2007. h. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-07-74 and Final Plat Application #SD-07-75 dated January 9, 2008. i. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-03 and Final Plat Application #SD-08-04 dated March 6, 2008. W j. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-08-34 dated May 20, 2008. k. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-08-35 dated May 20, 2008. 1. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-24 and Final Plat Application #SD-08-25 dated May 22, 2008. In. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-08-54 dated July 15, 2008. n. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-43 and Final Plat Application #SD-08-44 dated September 2, 2008. o. Development Review Board Findings of Fact & Decision on Site Plat Application #SP-08-103 dated October 27, 2008. P. Development Review Board Findings of Fact & Decision on Site Plat Application #SP-08-117 dated January 20, 2009. q. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-60 and Final Plan Application #SD-08-61 dated January 20, 2009. r. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-63 and Final Plan Application #SD-08-64 dated January 20, 2009. S. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-09-01 dated April 21, 2009. t. Development Review Board Findings of Fact & Decision on Final Plan Application #SD-09-17 and #SD-09-18 dated April 24, 2009. U. Development Review Board Findings of Fact & Decision on Final Plan Application #SD-09-36 dated September 1, 2009. V. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-10-53 dated September 10, 2010. W. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-10-54 dated September 10, 2010. X. Development Review Board Findings of Fact & Decision on Miscellaneous Application #MS-10-08 dated September 21, 2010. Y. Development Review Board Findings of Fact & Decision on Miscellaneous Application #MS-10-09 dated September 21, 2010. Z. Development Review Board Findings of Fact & Decision on Miscellaneous Application #MS-10-10 dated September 21, 2010. aa. Development Review Board Findings of Fact & Decision on Final Plat Application #SD-13-37 dated December 19, 2013. This list of City of South Burlington approvals is in the process of being updated 9. OBJECTIONS TO TITLE; REMARKS: a. A Notice of Claim was filed by R.M. Vallee and Denise Vallee concerning a Settlement Agreement dated on or about November 28, 2006. The Notice of Claim states that pursuant to the Settlement Agreement, South Village has agreed to provide the Vallees with thirty (30) days prior written notice of any sale of lots in that portion of the property designated as "Phase 3" in the Settlement Agreement or any part of "Phase 3". Said Notice of Claim is dated May 26, 2010 and is recorded in Volume 935, Page 63 of the Land Records. In addition, a Notice with the same information, dated May 27, 2010, is recorded in Volume 935, Page 346 of the Land Records. b. Consent to Company Action by the Members of Spear & Allen, LLC, dated December 21, 2011 and recorded in Volume 1083, Page 110 of the Land Records authorizing sale of Lots and Units in South Village. C. The information in this Certificate pertaining to any delinquent taxes, water or sewer charges, etc., was obtained from the appropriate municipal official or department and is reported as given by such department or official. The undersigned, not having personally examined those records, certifies only to the extent of information that was reported and is not responsible for incorrect information provided by such authorities. d. The State of Vermont has had jurisdiction over wastewater and water supply (WW/WS) systems since September, 1969. This is a complex area of law and regulations changes frequently. Jurisdiction can attach, and a WW/WS permit (permit) may be required, upon the occurrence of any one of eleven (11) specified events. By way of example only, jurisdiction can be triggered when: property is subdivided; a bedroom is added; a potable water supply or wastewater system fails; a wastewater system, a water supply system or a new building is constructed and/or modified. For a complete list of events which may require a permit please ask our office or consult the Rules (http://www.anr.state.vt.us/dec/ww/engserv.htm). Effective l/1/2007 the Agency of Natural Resources amended its Rules to provide that all properties, however constituted, were exempt from compliance with its regulations PROVIDED THAT none of the eleven (11) events for which a permit is required occurs AFTER that date. Because this office does not conduct a physical inspection of the property being purchased and/or financed, we cannot — and do not - opine as to whether or not the property is presently in compliance with Vermont's Wastewater and Water Supply regulations or whether a permit is 2, required at the time of purchase. If you wish to obtain an opinion concerning compliance with the regulations, we recommend that you retain an experienced engineer. We do certify, however, that no recorded notices of violation were found in the land records where the property is located. NOTE: After you own the property, should you elect to undertake any of the specified events, or should your wastewater or water supply system fail, you will most likely require a State permit. If this occurs, we strongly recommend that you consult this office, an experienced engineer or the State of Vermont before proceeding. Further, you should know that any development or change in use to the property could trigger the need for one or more municipal permits. Unless you have specifically informed us of an intended change in use and unless you have specifically asked us for an opinion as to whether or not any change in use to the property requires a municipal permit, we cannot — and do not — offer an opinion as to whether a permit will be required and/or whether a permit will be issued by the municipality. e. Recently, several municipalities in Vermont have rediscovered the existence of old, seemingly abandoned town highways and have attempted to reassert their rights over such roads for the purposes of public use. In some instances, these public roads traverse, sometimes invasively, over privately owned property. In the course of our title search of the Property if any information we discovered in our research has suggested that an old public road possibly traversed or traverses the Property, we have performed reasonably necessary additional research to determine whether such a road did indeed exist on the Property and/or whether it was properly discontinued under Vermont law. If the information in the title search of the Property has not suggested any such suspicions, then we have not undertaken additional research to determine whether any public roads ever existed on the Property and/or were properly discontinued. Extensive amounts of time and resources would be required to complete such research and it is not cost-effective to do so if the title search does not suggest that any public roads exist or once existed. Therefore, we are unable to certify that the Property is not subject to any public roads outside of the period of our title search. f FLOOD PLAIN INFORMATION: According to Federal Emergency Management Agency Flood Insurance Rate Map No. 500195 0005 B, the Property lies outside the 500-year flood plain in an area known as Zone C, an area of minimal flooding. 10. EXCEPTIONS: This report does not cover, and this opinion is subject to: a. Rights or claims of parties in possession not shown of record; b. Mechanics' or Materialmen's Liens not recorded; C. All applicable statutes, ordinances, and regulations of governmental bodies including use, zoning and building restrictions, imposed by them except as included in paragraph 7, above. d. Any facts which would be disclosed by a physical survey or inspection of the premises; e. Except where indicated, Probate, Bankruptcy and other Court records, and records of birth, death, marriage and divorce; f. Special assessments or liens, if any, not shown of record; 10 g. The boundaries and quantity of land have been reported as found in the land records from deed description and/or maps or surveys, and this Certificate con- tains only what has been found covering the period of the search; h. This Certificate does not include any determination of, nor does it relate to, compliance with or exemption from the provisions of any statute, regulation, or ordinance concerning water resources and pollution, land planning, subdivision, land development, or health regulations and zoning; i. Notice and regulation of Underground Liquid Storage Tanks pursuant to 10 V.S.A., Chapter 59; j. Any right of claim, including but not limited to any right of possession or claim for damages relating to the land, which has or may be asserted of record or not, by or on behalf of any Indian or Indian Tribe. This exception will not be incorporated in any title insurance policy issued in connection with this title opinion; k. The undersigned does not make any representation, or certification, as to whether or not the above -described lands and premises constitute "wetlands" as such may be protected or regulated by Title 10, Vermont Statutes Annotated; 1. Any facts which would render the above property subject to Act 250 jurisdiction under the Vermont Supreme Court ruling set out in: In Re: Eastland, Inc., 151 Vt. 497 (1989); in. Liens and title deficiencies resulting from the subdivision or improvement of land without lawful authority, which liens or title deficiencies are not disclosed by the records that were searched in preparing this Opinion. This report and opinion refer to and apply only so far back as forty years and are effective down to October 21, 2014 at 8:00 a.m. DOREMUS KANTOR & ZULLO r B�' Y• 1� 11 Lan2ua2e to be included in the Phase II Association Documents: Section 9.3 - Restrictions Concerning Class II Wetlands and Fifty Foot Buffers. To protect the wetlands and buffers, the Property shall be subject to the following restrictions: (a) No pesticide application; (b) No mowing in wetlands and/or their buffers; (c) Disturbance of wetland vegetation should be limited to remediation activities; (d) No planting of non-native species in wetlands or their buffers. The Property is also subject to the wetlands and open space conditions contained in the Community Land Management Plan attached as Exhibit D to the Master Declaration. September 4, 2018 Ms. Marla Keene City of South Burlington Development Review Planner 575 Dorset Street So. Burlington, VT 05403 Dear Marla: We are writing to you to express concern for the future development of Lot #48 behind our home at 107 No. Jefferson Road in South Village. Robin Jeffers recently met with our small South Village Review Committee and gave us a construction update. The multiplex buildings that were a concern to us are no longer in the plan, but a proposed plan for 3 triplex buildings is now is being considered for this location. As I mentioned in several of our letters to Ray Belair, we committed to our building lot based on a plan that showed 5 single family homes (attached). Many of the residents in Phase 2 are in the same situation. We are now told that was a "marketing" plan and the developer never intended to adhere to this plan. Had this been communicated to us at the time we were purchasing a home, we would not have invested in this property. These buildings will literally be in our back yard as well as most of the homes on the West side of No. Jefferson Road. They will change the village feel of our community and introduce a style building that is not present at this time in Phase 2. These buildings will also create many concerns to those of us who have homes that will back up to these buildings: the large footprint of the buildings, the home lights, the traffic, the headlights, the pets, etc. will impact many Phase 2 owners. In addition, it is our understanding that the middle units of these triplex buildings could be affordable housing. It is our understanding that according to the permit, affordable housing has to be a specific percentage of homes in each phase distributed evenly across each style of home. Since Phase 1 and Phase 2 are almost complete what is the plan to comply with the permit parameters? Our intent is not to stall the developer's plans but to work with them to find a solution that works for the developer and our community. A compromise of duplex buildings or single family homes that have the same architecture that exists would certainly keep the integrity of the neighborhood and minimize the concerns of what is literally in some of our back yards. We are also concerned about the environmental impact of the larger buildings on the farm. We have discussed the plans and concerns with several neighbors in Phase 1 and Phase 2 who care what is planned for this lot. There is a lot of support for the initial map plan that we received upon purchase of our lots because of the impact not only on our homes but also on the farm. I will collect signatures and send an addendum to this letter to demonstrate this is a community concern. Thank you for your attention to this matter. If you have questions, please call us. Joanne and Champ Soncrant 107 No Jefferson Road South Burlington, VT 05403 Cell: 802-363-5891 SPEAR STREET S�outhX fillage pp v i¢ • • • � � � � Carriage Duplex t • � y k • m , F t-- ------- `° °•' Walking Tr it •••••............• Town Recreation Path • • _ t • 5 / T C C m 0 m m 0 m z • '• NORTH JEFFERSON 0 Village Homes ■ ■MM ) Townhomes Townhome Rentals Carriage Homes I �f�>�W„ooavoaa••av•o•o s• m• a� O A 4, GHORGN��� S •. 0 n C a. r • S e. O 0 1g ROAD • NORTH 1EFFER5• :. still� • C'3 a e 3 a a a e a a e x H a 6•• � a 0 A• 6 �' C B n. U� = Pr a s 5� • • • ?r C a 8 6 n � 3 :,Iarketcd by Coldwell Banker Hickok ,& Boardman Realh • - • • • • • • • c: ••.....•.•..•• SPEAR STREET 1T •. CHIPM n . , .-__ • • • AIKEN STREET �..\ vl m m A r D r D Z m m ' SLADE STREET �• • m i• D • na m_ �Ln r • '»gym Z _ m Z m � m L' 1. • •au• • • • A y• • • e • • a s • s • s o s s www.SouthVillage.com February 22, 2018 Robin Jeffers South Village Communities, LLC P.O. Box 2256 So. Burlington VT 05407-2256 Re: Final Plat Approval #SD-17-18 (Reconsideration) — Golf Course Road Dear Ms. Jeffers: Enclosed, please find a copy of the Findings of Fact and Decision of the Development Review Board on the above referenced project, the hearing for which was closed on February 6, 2018 (effective date 02/22/2018). Please note the conditions of approval, including that the final plat plans must be recorded in the land records (in mylar format) within 180 days (must be submitted to this office in time for recording along with a $15 per page recording fee by August 21, 2018) or this approval is null and void. If you have any questions, please contact me. Sincerely, Marla Keene Development Review Planner Encl. CERTIFIED MAIL- RETURN RECEIPT: 7016 1370 0000 1412 0896 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Quiet Path Layout with Locations for the Specific Wetland Buffer Treatments - Whole Project 7� A See Supplement for detai of this area 1 1 1 1 1 1 1 It It 1 1 1 1 d It 1 ♦ I 1 1 1 + 1 r 1 N 1 t�__ .._ v A w k t l . Base map information from CIVIL �.... •.ter !ING ASSOCIATES " 50 200' 100' 5( Legend ----- Quiet Path Wetland buffer fencing Wetland Buffer Treatments Treatment #1 Wetland Small sign on post every 75'o.c. (5,055'lf) — — -- Treatment #1 w Fence with Wetland Buffer Small sign on fence post every 10 sections o about 80' Treatment #1 c Fence with Common Land Small sign on fencing every 10 sections or about 80' with a birdhouse on every 3rd post (240' spacing) (840'lf) p Treatment #2w Wetland buffer fence Opening in fence with Large Wetland Sign (5 locations) Treatment #2c Wetland buffer fence Opening in fence with Large Common Lanc Sign (4 locations) Treatment #3 Vegetation areas 40 Native buffer treatments (2 locations) Treatment #4 Quiet Path Entrance 2 posts with Large Quiet Path Sign (9 locations) O Treatment #5 Wetland Entrance Single post with Large Wetland Sign (4 locations) Treatment #6 Wetland stencil Single post located every 100' (2,391 'If) Treatment #7 Common Land stencil Single post located every 100' on post with a birdhouse on every 3rd post (300' spacing) (1 100'lf) Total Number of Signs and Birdhouses Proposed Small Sign - 90 for Wetland locations 12 for Common Land locations Large Sign - 9 Wetland Locations 9 Entrance Locations Birdhouse - 4 proposed Wetland Stencil - 24 needed Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: LOCation Map Scale: See Graphic N Drawn By: MR Checked By: DR a� } U � o a� E N j Vf � C O � � m G o C = 1 a� - L ' 0 a o a Prepared By: LandWorks h, ZANY; 228 Maple Street, Suite 32 Middlebury, Vermont 05753 (802) 388.3011 Quiet Path Layout with Locations for the Specific Wetland/Common Land Buffer Treatments - North Supplement ••-•__-- -- Legend ----- Quiet Path �I�. sag. 1 1 Wetland buffer fencing NOTES: 1. Base map information from CIVIL ENGINEERING ASSOCIATES 50' 200' 0' 100, 500' Wetland Buffer Treatments Treatment #1 w Fence with Wetland Buffer Small sign on fence post every 10 sections o about 80' Treatment #1 c Fence with Common Land Small sign on fencing every 10 sections or about 80' with a birdhouse on every 3rd post (240' spacing) (840'lf) O Treatment #2w Wetland buffer fence Opening in fence with Large Wetland Sign (5 locations) Treatment #2c Wetland buffer fence Opening in fence with Large Common Lanc Sign (4 locations) Treatment #3 Vegetation areas Native buffer treatments (1 location this map, 2 locations total) Treatment #4 Quiet Path Entrance 2 posts with Large Quiet Path Sign (3 locations this map, 9 locations total) Treatment #7 Common Land stencil Single post located every 100' on post with a birdhouse on every 3rd post (300' spacing) (1 100'If) NOTES: 1. The existing Post and Rail fence should be used to delineate the interior wetland. 2. Treatment #5 and #5C are located on the end posts facing their respective entrance. 3. 5x5 rough sawn white cedar post to be used with treatment #7 4. Measurements for other treatments can be found in original Wetland Buffer Package Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: Phase II Supplement Scale: See Graphic N Drawn By: MR Checked By: DR W .A 0 c0 o C O o � o 4-- O � a 0 � m E } V 0 o c = } >� N 3 o a- o 0- 0 Prepared By: LandWorks iwANI/, 228 Maple Street. Suite 32 Middlebury, Vermont 05753 (802) 388.3011 Quiet Path Layout 0' - 1 w NOTES: 1. Base map information from CIVIL ENGINEERING ASSOCIATES Treatment #1 Signage + Posts J -rJ fyl,. U, b, Plan Treatment #2 Fence Opening + Sign Large sign at fence opening Fencing to be installe� along 50' buffer Wetland buffer area Plan Treatment #3 Vegetation + Signage Plan -h CS 4 Signs placed 5' from buffer Signs set 75' o.c. Wetland buffer arec Existing shrub meadow Quiet Path Existing shrub meadow Quiet Path Vegetation planti 75' from center o planting to next L treatment Wetland buffer or Existing shrub meadow Axon Axon Wetland buffer area Signs set 75' o.c. Bird house option Existing shrub meadow Quiet path Buffer fencing Wetland Buffer Area Large sign at fence opening Existing shrub meadow Quiet Path Wetland Buffer Area Buffer plantings Signs placed 75' o.c Existing shrub meadow Maintained area Quiet Path Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: Buffer Designs Scale: --- Drawn By: MR Checked By: DR N N U } O N E N j Vf � � � � O a � } Q 6 � � m 4) } o ' 0 0 O 0- Prepared By: LandWorks �VwA\ 228 Maple Street, Suite 32 Middlebury, Vermont 05753 (802) 388.3011 Quiet Path Layout � 1 1 1 - 1 � 1 � , 1 , 1 1 � 1 � 1 i 1 1 , 1 1 � ® J* I \\ 1 , 1 � \ 1 ; \ 1 1 \ 1 1 1 1 1 1 1 ; % ' 1 %% iAi 1 i 1 � 1 � 1 1 1 1 1 1 \ M NOTES: 1. Base map information from CIVIL ENGINEERING ASSOCIATES Treatment #4/#5 Entrance Posts Plan Treatment #b Wetland Stencil The stencils are to be applied to a backing material/ board made of plastic, wood or metal. Backing boards are to be affixed to existing tree trunks. As an option stencils can be attached to a post as well. Treatment #7 Common Land Stencil The stencils are to be applied to a backing material/ board made of plastic, wood or metal. Backing boards are to be affixed to existing tree trunks. As an option stencils can be attached to a post as well. Quiet Path Entrance posts w large sign Existing shrub meadow Road surface Axon n /3&�.� / 4„ SOUTH VILL/TGE 4" I 4,1 SOUTH VILL/(GE 499 Quiet Path Entrance posts with large sign Existing shrub meadow Road surface Note: Treatment #4 includes two posts and one large Wetland Sign. Treatment #5 includes one post and one Large Quiet Path Sign NOTES: l . Stencils signs placed every 100', 5' from ground on existing tree trunk NOTES: 1. Stencils signs placed every 100', 5' from ground on existing tree trunk Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: Buffer Designs Scale: --- Drawn By: MR Checked By: DR � U } C: O a� E 7 N j V1 � C � � g) O 0 � 00 } O Mj W N N } � � C O = a� 0 j 0 a Prepared By: LandWork'SV'ZAN)4kss 00' 228 Maple Street. Suite 32 Middlebury, Vermont 05753 (802) 388.3011 Sign and Post Options 8" Large Sign 4" Small Sign Typical Section 1" 'Gable' top Buffer Sign 5x5 Rough cut White Cedar post Ground 2' Direct burial with auger No further disturbance Backfill with excavated soil from hole 2" Compacted gravel base under post Treatment # 1 F Fencing + Signage Buffer # 1 Birdhouse Typical small sign location 75' NOTES: 1. Posts designed to match existing buffer fence. Sizes to be checked in field. 2. Section is not to scale and represents a potential alignment and locationof the various buffer treatments 3. Natural White Cedar available from local sources is recommended and requires no preservative. 75' Bird House Buffer # 1 Small Sign 5' Entrance Posts Buffer #3 Vegetation Planting Schedule / Recommended Screen Trees Primary Species Option 5' Code Scientific Name Common Name Size Cs Cornus sericea Red Dogwood Cont. CR Cornus rocemoso Gray Dogwood Cont. AM Aronio melonocarpo Black Chokeberry Cont. 1" 'Gable' top Buffer Sign 5x5 Rough cut White Cedar post Quiet Path 2' Direct burial with auger No further disturbance Backfill with excavated soil from hole 2" Compacted gravel base under post Entrance Post with Large Sign Prepared For. SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: Details Scale: --- Drawn By: MR Checked By: DR V) U } � O N � N j Vl � =3i O O � � m L +- C3O m N ci a) G► 5 N O Q o N N Prepared By: LandWorks zA�)P 228 Maple Street, Suite 32 Middlebury, Vermont 05753 (802) 388+3011 Split Rail Fence Detail 0), NOTES: 1. Fence designed to match existing buffer fence. Sizes to be checked in field. 2. Existing fence is a 2 rail Split Rail Rough cut cedar fence. 3. Natural White Cedar available from local sources is recommended and requires no preservative. Existing 2 rail, rough cut cedar split rail fence currently Installed on site. 2 rough cut cedar split rails size to be determined in field to match existing fence 5 x 5 rough cut cedar post size to be confirmed in field to match existing fence Roughly 8' Section length to be determined in field to match existing fence Height to be determined in field to match existing fence Split rail separation to be determined in field to match existing fence Roughly 8' Section length to be determined in field to match existing fence Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4,16.14 Drawing Title: Details Scale: Drawn By: MR Checked By: DR O U } O N E 7 N j V1 � C 70 U) C O O Q D C m O � � N � � N p > � m 6 O C)- 0 v> cn Prepared By: LandWorks LI�/�\ 228 Maple Street, Suite 32 Middlebury, Vermont 05753 (802) 388.3011 Sign Panel Options - 8" Large Wetland Buffer Actual size BUS, • aoutn vinage'D PLEASE RESPECT THE BUFFERS �; A Options - not to scale south village �P s ase tier Respect �`�'', the Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: Sign Designs Scale: Drawn By: MR Checked By. DR N U } C 0)V, N .y r 7 O _0 -C H 0 :D CO C0 Q) 0 O Q Prepared By: LandWorks �VwA� 228 Maple Street, Suite 32 Middlebury, Vermont 05753 (802) 388.3011 Sign Panel Options - 4" Small Wetland Buffer Actual size 4" 4" Options - not to scale i `south village, • south village Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: Sign Designs Scale: --- Drawn By: MR Checked By: DR Q} U � Q � 0 H � � ao L 4- 0 m Q)� cn v N O 4-- ::) N O N Prepared By: LandWorks �VWANROO' 228 Maple Street, Suite 32 Middlebury, Vermont 05753 (802) 388.3011 Sign Panel Options - 8" Large Common Land Actual size South Village PLEASE RESPECT THE BUFFERS L: Options - not to scale south village hLspectthe Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: Sign Designs Scale: Drawn By: MR Checked By: DR U } � N C N j � O � C O O1 N �m i 4 >> CIO�0 Q) '0 N 0 O Q LandWorks �VwA\� 228 Maple Street, Suite 32 Middlebury, Vermont 05753 (802) 388.3011 Sign Panel Options - 4" Small Common Land Actual size South Village 411 411 Options - not to scale i i south village • south village 14411PF Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: Sign Designs Scale: --- Drawn By: MR Checked By: DR U y � � C1 � C O C � � �m L 4 o N Q) o 0- Prepared By: LandWorks �Vi �000 228 Maple Street. Suite 32 Middlebury, Vermont 05753 (802) 388.3011 Sign Panel Options - 8" Large Quiet Path Sign Actual size South Village* 111� o�`o • Prepared For: SOUTH VILLAGE COMMUNITIES L.L.0 Date: 4.16.14 Drawing Title: Sign Designs Scale: --- Drawn By: MR Checked By: DR N U �--- c— � C � ED N .y 0 70 O C � � m �4- �7F- C O 4- Q) 0a �oQ Prepared By LandWorks ����N 228 Maple Street, Suite 32 Middlebury, Vermont 05753 (802) 388.3011 CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 18th day of January , 20 18, a copy of the foregoing public notice for South Village Phas[type of application] # SD-17-18 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) see attached list Dated at So Burlingt[town/city], Vermont, this 18th day of January , 2018 Printed Name: Amy T. Marks Phone number and email: $-864-2323 01 my ce-Vt.com Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 South Village Phase 111B Abutters list Street Address Owner Mailing Address 1 1975 SPEAR ST DIANE SYLVESTER 1985 SPEAR STREET S BURLINGTON VT 05403 2 1985 SPEAR ST ALAN & DIANE SYLVESTER 1985 SPEAR ST S BURLINGTON VT 05403 3 1975 SPEAR ST DIANE SYLVESTER 1985 SPEAR STREET S BURLINGTON VT 05403 4 1971 SPEAR ST GEORGE & MARILYN EDELBAUM 1971 SPEAR STREET S BURLINGTON VT 05403 5 2004 SPEAR ST RODOLPHE & DENISE VALLEE 1190 SPEAR ST SHELBURNE VT 05482 5 2004 SPEAR ST RODOLPHE & DENISE VALLEE 1190 SPEAR ST SHELBURNE VT 05482 6 Assoc Open Space DORSET FARMS HOMEOWNERS ASSOCIATION, INC. 270 Sutton Farm Or SHELBURNE VT 05482 7 192 CATKIN DR MAUREEN O'BRIEN & JOHN BARROWS 192 CATKIN DR S BURLINGTON VT 05403 8 197 CATKIN DR SUSAN BLISS 197 CATKIN DR 5 BURLINGTON VT 05403 9 37 FLORAL DR MERGIM ISUFI & SADETE ZAGRAXHA 37 FLORAL ST S BURLINGTON VT 05403 10 35 FLORAL DR BRIAN & CAROLYN TERHUNE 35 FLORAL ST 5 BURLINGTON VT 05403 11 33 FLORAL DR DEBORAH CARLAND 33FLORALST 15 BURLINGTON VT 05403 12 31 FLORAL DR MICHAEL BOUVIER 31 FLORAL DR S BURLINGTON VT 05403 13 Assoc Open Space DORSET FARMS HOMEOWNERS ASSOCIATION, INC. 270 Sutton Farm Dr SHELBURNE VT 05482 14 65 WILLOWBROOK LANE WILLIAM & GAIL LANG 1675 DORSET ST S BURLINGTON VT 05403 15 1575 DORSET ST NOAH HYMAN 1575 DORSET ST S BURLINGTON VT 05403 16 1505 DORSET ST DORSET MEADOWS ASSOCIATION 44 PARK ST ESSEX JCT VT 05452 17 1720 SPEAR ST CAROLYN LONG E REVOCABLE TRUST 1720 SPEAR ST S BURLINGTON VT 05403 18 362 N. JEFFERSON RD SO VILLAGE COMMUNITIES, LLC PO BOX 2286 S BURLINGTON VT 05407 19 356 N. JEFFERSON RD 50 VILLAGE COMMUNITIES, LLC PO BOX 2286 S BURLINGTON VT 05407 20 127 CHURCHILL ST SMSDC, LLC PO BOX 2286 5 BURLINGTON VT 05407 21 313 N. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 22 248 N. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 23 207 N. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 24 86 N. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 2S FARM 50 VILLAGE COMMUNITIES, LLC PO BOX 2286 S BURLINGTON VT 05407 26 26 N.JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 27 18 N.JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 28 8 N. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 29 380 N. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 30 368 N, JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 31 358 S. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 32 344 S. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 33 334 S. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX 1CT VT 05452 34 326 S. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 35 310 S. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 36 300 S. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 37 290 S. JEFFERSON RD RIVERS EDGE BUILDING DEV LLC 41 GAUTHIER DR, STE 1 ESSEX JCT VT 05452 38 175 CHIPMAN ST LINDA MORRIS 175 CHIPMAN ST S BURLINGTON VT 05403 39 CHIPMAN ST - OPEN SPACE SO VILLAGE COMMUNITIES, LLC PO BOX 2286 S BURLINGTON VT 05407 40 164 CHIPMAN ST VICTORIA SMITH 164 CHIPMAN ST S BURLINGTON VT 05403 41 217 &JEFFERSON RD CHRISTOPHER McCARRON 217 S. JEFFERSON RD S BURLINGTON VT 05403 42 205 S.JEFFERSON RD WENDY EVERHART 205 S.JEFFERSON S BURLINGTON VT 05403 43A 143 S. Jefferson Open Space 50 VILLAGE COMMUNITIES, LLC PO BOX 2286 5 BURLINGTON VT 05407 43B 144 S.JEFFERSON RD SMSDC LLC P O BOX 2286 S BURLINGTON VT 05047 44 110 S.JEFFERSON RD SMSDC LLC P 0 BOX 2286 S BURLINGTON VT 05407 45 74 &JEFFERSON RD SMSDC LLC P 0 BOX 2286 S BURLINGTON VT 05407 46 13 CHIPMAN ST SMSDC LLC PO BOX 2286 S BURLINGTON VT 05407 46a 73 &JEFFERSON RD THOMAS MCLAUGHUN 73 S. JEFFERSON RD S BURLINGTON VT 05403 47 OPEN SPACE ISO VILLAGE COMMUNITIES, LLC PO BOX 2286 S BURLINGTON VT 05407 TO: South Burlington property owners SUBJECT: Application before the Development Review Board for an abutting property The enclosed Development Review Board public notice or agenda is being sent to you because you have been identified as an abutting landowner to a proposed land development listed on the attachment. The distribution of this information to the abutting landowners is required by state law. You are encouraged to attend and participate in the public hearing as participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. Should you have any questions about the proposal, or wish to view the submittals, please contact the South Burlington Department of Planning & Zoning. They can be reached at (802) 846-4106 or at City of South Burlington, Department of Planning & Zoning, 575 Dorset Street, South Burlington, VT 05403. Approved for Distribution by South Burlington Department of Planning & Zoning f� southburlington PLANNING & ZONING PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing in the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday February 6, 2018 at 7:00 P.M. to consider the following: Reconsideration of preliminary & final plat decision #SD-17-18 of South Village Communities, LLC for approval of Phase III of 334 unit planned unit development. Phase III is to consist of the following: 1) 22 single family dwellings, 2) four (4) two (2) family dwellings, 3) two (2) three (3) unit multi -family dwelling, and 4) two (2) 12 unit multi -family dwellings. The reconsideration is to amend condition #5 pertaining to waivers of Land Development Regulation standards and to amend condition #25 pertaining to the number of affordable housing units in Phase 11113, 1840 Spear Street. Bill Miller, Chair South Burlington Development Review Board A copy of the application is available for public inspection at the South Burlington City Hall. Participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. January 18, 2018 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com December 1, 2017 Robin Jeffers South Village Communities, LLC P.O. Box 2256 So. Burlington, VT 05407-2256 Re: Preliminary & Final Plat Approval #SD-17-18 — 1840 Spear Street Dear Ms. Jeffers: Enclosed, please find a copy of the Findings of Fact and Decision of the Development Review Board on the above referenced project, the hearing for which was closed on October 17, 2017 (effective date 12/01/2017). Please note the conditions of approval, including that the final plat plans must be recorded in the land records (in mylar format) within 180 days (must be submitted to this office in time for recording along with a $15 per page recording fee by May 30, 2018) or this approval is null and void. If you have any questions, please contact me. Sincerely, �_P� Marla Keene Development Review Planner Encl. CERTIFIED MAIL- RETURN RECEIPT: 7016 1370 0000 1412 0858 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 10 Mansfield View Lane South Burlington, VT 05403 August 31, 2017 Ms. Marla Keene, PE Development Review Planner City of South Burlington Planning & Zoning 575 Dorset Street South Burlington, Vermont 05401 Phone: 802-864-2323 E-Mail: dmarshall@cea-vt.com (. " "i) 1 2 City of So. Burlington Re: South Village Phase 313, SD-17-18, 1840 Spear Street Preliminary and Final Plat Application Supplemental Information Submittal Dear Ms. Keene: Thank you for preparing the summary of supplemental information that was generated from our technical review meeting with City Staff on August 3rd. We have completed the process of generating the supplemental information and requested plan updates. We have summarized the supplemental information provided to address each comment. Revised sign plan — We have completed the revisions to the sign plan (Sheet C1.3) where we have removed the "Deer" crossing sign in favor of a "Turtle" crossing sign. We have removed the speed limit sign on Douglas Street. The private lanes will not be named and therefore do not need street signs. We have added reflectorized flashing beacons and their associated warning signs at the two mid -block crossing locations on Midland Avenue. The inclusion of the bump outs has better clarified the locations where parking is allowed which has enabled a reduction in the number of "no parking signs". 2. E911 plan — We have developed a street address plan (Sheet C1.4) that shows the addresses for the lots and the two 12-plex buildings. There will be no street names included on this plan for the Alleys. The homes on the south end of Stafford Street have been numbered as if south property line extended to Stafford Street. We have set up the Midland Avenue so as start at the west end (South Jefferson intersection) as this is the closest point where emergency responders will be arriving from (Homes Ave) rather than the east end (there are no homes using the Midland Ave address in Dorset Farms. Ms. Marla Keene, P.E. Page 2 of 6 August 31, 2017 3. Revised speed control — bulb outs, raised intersections, flashing beacons, other? - We have called out on the plans the use of raised intersections/crossings at the crosswalk locations. A detail has for this been added to the detail sheets (Sheet C7.7). Each of the intersections have been revised to include bulb -outs as depicted in the SBLDRs Figure 9-6. Midland Avenue will have two mid -block bump -outs that leave a 20-foot travel way opening. On the side streets, one bump -out has been added on the side where on -street parking is allowed. The openings at these bump -outs have also been set at 20-feet so as not to impinge on the minimum widths requested by the Fire Department. In addition to the flashing beacons at the two mid -block crossings, we have also introduced bump -outs to narrow the road down to 20-feet. 4. Landscape phasing and costs — The planting schedule in the application has already broken out the schedule for each of the twelve-plex buildings. We have attached break-outs of costs not only for each structure but also for each phase of the roadway construction. S. Infrastructure phasing and cost— We have attached the estimated construction costs for the public and private infrastructure for each of the proposed project phases. 6. Request for water/wastewater allocation (provide P&Z with allocation letters when received) - We have attached our earlier requests for the preliminary allocations to DPW in support of their issuance prior to approval of the project. 7. Demonstration of compliance with stormwater management standards- We previously submitted State Stormwater compliant stormwater design to Dave Wheeler at the City Stormwater Utility but we understand that this information does not address all of the requirements set forth in Article 12-3 of the SBLDRs. Andres Torizzo from Watershed Consulting Associates conducted supplemental soil investigations on the property and has confirmed that infiltration compliant with the State Stormwater Rule sis not possible. This information has been submitted to Dave Wheeler at the City Stormwater Utility for his comments. 8. Home design guidelines (going to provide what was used for Phase 11) - This information package is attached. It is similar to what has been proposed in Phase II. 9. Floor plans with parking for multiplexes — Please find attached the floor plan of the proposed parking and storage layout with a supporting photo of the Ms. Marla Keene, P.E. Page 3 of 6 August 31, 2017 storage accommodations for each unit and the lockable vertical bicycle storage racks. 10. Zoning permit timeline request (1 year w/ 5 years for 2nd multiplex) - The applicant requests that the timeframe for the issuance of the first zoning permit for the first multifamily building be set for 12 months to first accommodate the construction of the supporting infrastructure. 11. Adjust plans to address shallow culvert cover -We have reviewed the plans and have provided corrective measures to address the concern of inadequate cover over the stormwater culverts. 12. Revise cul-de-sac - The new City design standard calls for a 96-foot diameter pavement area. The current design shows 88-feet. This has been revised to provide the requisite value. The total rights -of -way diameter is called out to be 118-feet while the previously submitted design provides 119-feet. No change has been made to this value. In addition, the originally proposed green space in the middle of the cul-de-sac has been removed. 13. Letter to planning commission asking for review of street names - This has been submitted to the Planning Commission. 14. Recommended Sidewalk Revisions - In support of consolidating future City sidewalk repair obligations, the following modifications to the originally submitted design were recommended. A. Change material from concrete to asphalt or dark colored concrete? The originally proposed concrete recreation path along Midland Avenue between the two Stafford Street intersections have been revised to be bituminous concrete. B. Eliminate sidewalk on east side of Lots 120 and 125. With the understanding that these two lots will not have a "front door" presence on this section of sidewalk, it has been removed from the project plans. C. Eliminate the sidewalk on the south side of open space Lot 49A. Lots 121-125 are proposed to be served by a walkway on the south side of those lots. It was felt that the sidewalk along the Stafford Street rights -of - way on the south side of Lot 49A was redundant and therefore should be removed. This has been removed from the updated plan set which will be submitted in the near future as one full package. 1. With the elimination of this section of sidewalk, the proposed mid - block crossing has bene moved to the north at the southeast corner of Lot 125 to tie back in with the remaining sidewalk in front of Lots 126-129. Ms. Marla Keene, P.E. Page 4 of 6 August 31, 2017 2. The relocation of the midblock crossing will leave a "tail" of sidewalk in front of Lot 129. A connection to the quiet path is proposed at the end of the sidewalk to improve circulation. D. Eliminate sidewalk in front of Lots 100, 102,103 on Midland Avenue. This was requested to be removed with the understanding that the recreation path was on the opposite side of Midland Avenue with the retention of the mid - block crossing near Lot 103. The applicant is asking for a reconsideration of this request. The lot layout here is similar to that on the section of Midland Avenue to the east between the Stafford Street Intersections where there is the recreation path on one side and a sidewalk on the other side of this connector roadway. The entire South Village project has been design to provide sidewalks or recreation path in front of every unit. Discussions at the previous hearing included the possibility of extending the eastern end of the sidewalk at lot 103 further to the east to Douglas Street. Our concern with this is that the extended sidewalk would cross an archaeologically sensitive area. This is also inconsistent with the DPW's goals of eliminating sidewalk where no homes fronted on the sidewalk. In order to balance all interests, we have revised the plans to show a reduced sidewalk length of sidewalk (elimination of the tail at the west end) on the north side of Midland Avenue and the introduction of a flush curb on the opposite side of the road so as to allow the sidewalk plow to complete a more efficient loop. The proposed layout is shown on Sheet C1.2 but has been enlarged and inserted here for clarity. i �100 -✓ o/ roe `103) $' WIDE FLUS --J Qr iL CUF#B ANt) FFAVED APIRON Sk I >> Ms. Marla Keene, P.E. Page 5 of 6 August 31, 2017 15. Bicycle parking stands - at the 12-plex buildings, the bicycle parking stands have been revised to comply with the new bicycle standards (inverted U and total number). 16. Project Phasing — We have developed a plan. Sheet CO that shows the proposed phasing of construction of the roadway and utility infrastructure. 17. Gravel Wetland Level Spreader Detailing — We have added spot grades at the level spreader locations for two of the gravel wetlands to provide additional guidance on how these are to be constructed and operated. 18.12-Plex Surface Parking — "we note that the overflow parking is not really located to the side or behind the buildings (LDR Section 14.06B(2)). One alternative would be to move it, but we're wondering if you really need it? In order for assigned spaces to be utilized in the garage areas (Table 13-1, Note 1), one additional parking space is required for each four (4) units. In this case a 12-plex building would require 24 assigned spaces and three (3) unassigned "visitor" parking spaces. Experience at South Village indicates additional visitor spaces beyond the three unassigned spaces are often needed. believe you mentioned that parking for residents is under the building, and it looks like there is near -by on -street parking. The Development Review Board is precluded from considering on -street parking as fully satisfying this requirement (without a waiver) as overnight parking is not permitting on public streets during the winter. Wanted to get this comment to you before you finalized the revised cul-de-sac. The cul-de-sac revisions were fairly minor in the context of the adjustment of parking near the proposed buildings. The parking requirements for each building are 24 + 3 = 27 parking spaces. Each Building has 26 spaces in the garage and additional surface parking spaces that host the required accessible spaces. The accessible spaces are not located inside the garage since there is no elevator or common space in the upper floor for an elevator to land because these units are set up as townhouses. Since there are more than 25 spaces required for each building, at least two accessible paces are required for each building. It is the applicant's experience that these facilities can experience a shortfall of accessible spaces even when two (2) accessible spaces are provided for each building. The surface parking spaces on the south side of the south building has been moved easterly to place the parking lots behind the front face of the building. This will include two accessible spaces and one regular space. The accessible parking spaces shown on the south side of the north building have been located so as to accommodate the ADA access requirements as it restricted by Ms. Marla Keene, P.E. Page 6 of 6 August 31, 2017 topography. This is an allowable under the SBLDRs. There are no regular spaces located there. The dumpster enclosure for the north building has been moved north to accommodate two (2) regular spaces located near the intersection of the two garage access/egress ways. 19. Wetland Buffer Delineation — We have attached the wetland delineation requirements set forth in the State Wetland Permit issued for the South Village project in 2014. 20. Landscaping Sign -off - We have attached the correspondence associated with Craig Lambert's review and approval of the landscaping design. This completes our summary of the action items identified by staff for the application. If you should have any questions, please feel free to contact me at 864-2323 x310. Respectfully, David S. Marshall, P.E. Project Engineer Enclosures: 1 - Revised Civil site plans, details and landscaping plans 2 - Wetland Delineation Plans 3 - Multifamily Building Floor Plan 4 - Landscaping Estimates 5 - Infrastructure Cost Estimates 6 - Water/Sewer Allocation Requests 7 - Stormwater Correspondence 8 - Home Design Guidelines 9 - Planning Commission Request for Street Name Approval 10 — Craig Lambert Landscaping Design Sign -off CC: (all with 11x17 enclosures) R. Jeffers, CEA File 01243.14 PAautocadd projects\2001\01243.14 Phase 3\3-Permitting-PHASE 3B\1-Local Applications\3-Final\Keene Status Letter.doc m "D a � I I Tv GARAGE PLAN 5"ewlwwmvT f / Stls 101 sawMo-;ylm vrasaa; ommom O 3 "'"`""`""" "" SOUTH VILLAGE 12-PLEX - BUILDING'7A' N W w Rabideau Architects p °w S.D. IRELAND CORP. SOUTH BURLINGTON, VFHMONT REVISIONS. DATE: REVISED FOR PHASE HIS OS/19/17 REVISED PER OWNER'S COMMENTS -SEPARATED DECKS 06/01/17 CONSTRUCTION SET 06/12/17 BIKE STORAGE LOCATION ADDED n2111117 '(A 41 T J South Village Phase III Planting Plan Prepared by T.J. Boyle Associates, LLC 12 Plex A Plant Schedule 7­ ­ August 2017 Qty. Code Scientific Name Common Name Size Spec Remarks Notes Unit Price Installed 1 ASL ACER saccharum 'Legacy' Legacy Sugar Maple 3.5" cal. B&B $ 400.00 $ 1,040.00 3 BNH BETULA nigra'Heritage' Heritage River Birch 10-12' Ht. B&B multistem. 3-4 stems $ 250.00 $ 1,950.00 5 CO CELTIS occidentalis Common Hackberry 1-3/4" B&B native $ 144.00 $ 1,872.00 9 PG PICEA glauca White Spruce 10' Ht. B&B $ 276.00 $ 6,458.40 Sub -Total $ 11,320.40 Rhrnhs Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 3 CV CHIONANTHUS virginicus White Fringetree 4' Ht #5 Cont. $ 55.00 $ 429.00 7 CAIH CORNUS albs' Ivory Halo' Ivory Halo Dogwood 24" Ht. B&B $ 25.00 $ 455.00 8 HAIR HYDRANGEA arborescens 'Invinciball Ruby' Invinciball Rugy Hydrangea 18" Ht. #3 Cont. $ 25.00 $ 520.00 13 JCSG JUNIPERUS chinensis'Sea Green' Sean GreenJuniper 18" Ht. #3 Cont. $ 16.25 $ 549.25 34 PTN POTENTILLA tridentata 'Nuuk' Nuuk Potentilla Clump 8" Squat Cont. 12" o.c. $ 5.25 $ 464.10 7 RA RISES alpinum Alpine Currant 18" Ht. B&B $ 20.00 $ 364.00 40 RAGM RIBES alpinum 'Green Mound' Green Mound Alpine Currant 15" Ht. #3 Cont. $ 21.00 $ 2,184.00 6 SBT SPIRAEA betulifolia 'Tor' Tor Spiraea 18" #3 Cont. $ 21.00 $ 327.60 3 SA SYMPHORICARPOS albus Common Snowberry 30" Ht. B&B $ 25.00 $ 195.00 13 SxCH SYMPHORICARPOS x Chenaultii'Hancock' jProstrate Chenault Coralberry Clump #1 Cont. $ 8.00 $ 270.40 4 TMG TAXUS media'Greenwave' lGreenwave Spreading Yew 18" Ht. B&B $ 38.00 $ 395.20 Sub -Total $ 6,153.55 Perennials F. Ferns Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 18 HH HOSTA'Halcyon' Halcyon Hosa Clump #1 Cont. 15" o.c. $ 6.15 $ 276.75 25 HMAB Heuchera macroorhiza 'Autumn Bride' Autumn Bride Coral Bells Clump #1 Cont. 18" o.c. $ 8.00 $ 500.00 21 ISM IRIS sibirica 'Blue Moon' Blue Moon Iris Clump #1 Cont. 18" o.c. $ 6.15 $ 322.88 Sub -Total $ 1,099.63 Qty. I Code I Scientific Name I Common Name Size Spec Remarks I Notes I wholesale I installed 5 1 SS ISCHIZACHYRIUM scoparium Little Bluestem Clump #2 Cont. I no cultivars, 24" O.C. I $ 7.50 1 $ 93.75 Sub -Total $ 93.75 TOTAL (NOT INCLUDING PERENNIALS AND GRASSES): $ 17,474 (Page 1 of 1) South Village Phase III Planting Plan Prepared by T.J. Boyle Associates, LLC 12 Plex B Plant Schedule Traac August 2017 Qty. Code Scientific Name Common Name Size Spec Remarks Notes Unit Price Installed 1 ASL ACER saccharum'Legacy' Legacy Sugar Maple 3.5" cal. B&B $ 400.00 $ 1,040.00 1 MLM MAGNOLIA loebneri 'Merrill' Merrill Magnolia 7' Ht. B&B $ 110.00 $ 286.00 17 PG PICEA glauca White Spruce 10' Ht. B&B $ 276.00 $ 12,199.20 4 PSP PRUNUS sargentii 'Pink Flair' Pink Flair Sargent Cherry 3.5" Cal. B&B $ 375.00 $ 3,900.00 Sub -Total $ 17,425.20 Shnihs Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 3 CV CHIONANTHUS virginicus White Fringetree 4' Ht #5 Cont. $ 55.00 $ 429.00 4 CAIH CORNUS alba' Ivory Halo' Ivory Halo Dogwood 24" Ht. B&B $ 25.00 $ 260.00 23 HAIR HYDRANGEA arborescens 'I nvinci ball Ruby' Invinciball Rugy Hydrangea 18" Ht. #3 Cont. $ 25.00 $ 1,495.00 22 JCSG JUNIPERUS chinensis'Sea Green' Sean GreenJuniper 18" Ht. #3 Cont. $ 16.25 $ 929.50 48 PTN POTENTILLA tridentata 'Nuuk' Nuuk Potentilla Clump 8" Squat Cont. 12" o.c. $ 5.25 $ 655.20 2 RA RIBES alpinum Alpine Currant 18" Ht. B&B $ 20.00 $ 104.00 24 RAGM RIBES alpinum'Green Mound' Green Mound Alpine Currant 15" Ht. #3 Cont. $ 21.00 $ 1,310.40 9 SBT SPIRAEA betulifolia 'Tor' Tor Spiraea 18" #3 Cont. $ 21.00 $ 491.40 7 SA SYMPHORICARPOS albus Common Snowberry 30" Ht. B&B $ 25.00 $ 455.00 20 SxCH SYMPHORICARPOS x Chenaultii 'Hancock' Prostrate Chenault Coralberry Clump #1 Cont. $ 8.00 $ 416.00 4 TMG TAXUS media 'Greenwave' Greenwave Spreading Yew 18" Ht. B&B $ 38.00 $ 395.20 Sub -Total $ 6,940.70 Paranninia A Ca►nc Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 20 HH HOSTA'Halcyon' Halcyon Hosa Clump #1 Cont. 15" o.c. $ 6.15 $ 307.50 17 HMAB Heuchera macroorhiza 'Autumn Bride' Autumn Bride Coral Bells Clump #1 Cont. 18" o.c. $ 8.00 $ 340.00 29 ISM IRIS sibirica 'Blue Moon' Blue Moon Iris Clump #1 Cont. 18" o.c. $ 6.15 $ 445.88 Sub- I otal $ 1,U93.36 n-mmanfni Mraccac Qty. I Code I Scientific Name I Common Name Size Spec Remarks I Notes I wholesale I installed 18 1 SS ISCHIZACHYRIUM scoparium Little Bluestem Clump #2 Cont. no cultivars, 24" $ 7.50 1 $ 337.50 Sub -Total $ 331.50 TOTAL (NOT INCLUDING PERENNIALS AND GRASSES): $ 24,366 (Page 1 of 1) August 2017 South Village Phase III Planting Plan Prepared by T. J. Boyle Associates Planting Schedule Phase 1A Street Trees Qt . Code Scientific Name Common Name Size I Spec Remarks Notes wholesale installed 10 1 LID ILARIXdecidua European Larch 2-1/2" cal. B&B 1 1 $ 300.00 1 $ 7,500.00 sub -total: $ 7,500.00 Phase 1 B Street Trees Qty. Code Scientific Name Common Name Size Sec Remarks Notes wholesale installed 16 AxFC ACER x freeman ii 'Celebration' Celebration Maple 2-1/2" cal. B&B $ 350.00 $ 14,000.00 13 GTH GLEDITSIA tricanthos'Halka' Halka Hone locust 2-1/2" cal. B&B $ 250.00 $ 8,125.00 5 PCCS PYRUS calleryana 'Cleveland Select' Cleveland Select Pear 2-1/2" cal. B&B $ 295.00 $ 3,687.50 1 PS PRUNUS sar entii Sargent Cher 2-1/2" cal. B&B $ 230.00 $ 575.00 16 1 UA ULMUS japonica x wilsoniana'Accolade' jAccolade Elm 2-1/2" cal. B&B $ 220.00 $ 8800.00 1 I ZS JZELKOVA serrata 'Green Vase' I Green Vase Zelkova 2-1/2" cal. I B&B I $ 230.00 1 $ 8:050.00 sub -total: $ 43,237.50 Phase 2 Street Trees Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 9 AxFS ACER x freemanii 'Sienna' Sienna Glen Maple 2-1/2" cal. B&B $ 350.00 $ 7,875.00 9 AGR AMELANCHIER x grandiflora 'Robin Hill' Robin Hill Serviceber 2" cal. B&B single stem $ 170.00 $ 3,825.00 3 PS PRUNUS sar entii Sargent Cher 2-1/2" cal. B&B $ 230.00 $ 1,725.00 12 UT ULMUS japonica x wilsoniana 'Triumph' Triumph Elm 2-1/2" cal. B&B $ 220.00 $ 6,600.00 14 ZS ZELKOVA serrata'Green Vase' Green Vase Zelkova 2-1/2" cal. B&B $ 230.00 $ 8,050.00 sub -total: $ 28,075.00 Phase 3 Street Trees Qty. Code I Scientific Name Common Name Size Spec Remarks Notes wholesale installed 8 1 GBAG IGINKGO biloba Autumn Gold Gink o 2-1/2" cal. B&B $ 350.00 $ 7,000.00 20 1 GTH GLEDITSIA tricanthos 'Halka' Halka Hone locust 2-1/2" cal. B&B $ 250.00 1 $ 12,500.00 sub -total: $ 19,500.00 Total: $ 98,312.50 South Village Phase IIIB - Road and Infrastrucure Schedule of Values Phase 1 B Phase 2 Phase 3 TOTAL Midland Ave 5+00-26+00 Stafford Street 0+00-8+92.85 Kingsbury Lane 200+00-204+20.68 & 300+00-302+ 15.42 & 400+00- 402+77.76 Douglas Street 5+00-505+00 Item Erosion Control/Stabilization Construction Access $ 9,461.77 $ 4,023.51 $ 6,361.92 $ 19,854.13 Mobilzation/Layout $ 7,235.47 $ 3,076.80 $ 4,864.99 $ 15,182.57 Cut, Chip & Grub $ 11,131.50 $ 4,733.54 $ 7,484.61 $ 23,357.80 Stip Topsoil/Stockpile onsite $ 8,905.20 $ 3,786.83 $ 5,987.69 $ 18,686.24 Earthwork Cut/Fills $ 33,951.07 $ 14,437.29 $ 22,828.05 $ 71,241.28 Blasting $ 172,538.23 $ 73,369.83 $ 116,011.42 $ 362,045.87 Crushed stone 1i11 for road subbase $ 41,743.12 $ 17,750.76 $ 28,067.28 $ 87,591.74 Roadwork $ 183,036.62 $ 77,834.14 $ 123,070.34 $ 384,075.19 Storm $ 35,759.94 $ 15,206.49 $ 24,044.30 $ 75,036.93 Sewer $ 111,314.98 $ 47,335.37 $ 74.846.08 $ 233,577.98 Water $ 47,095.14 $ 20,026.65 $ 31,665.88 $ 98,822.17 Gas $ 9,183.49 $ 3,905.17 $ 6,174.80 $ 19,270.18 Electrical $ 26,458.18 $ 11,251.03 $ 17,789.98 $ 55,518.57 Street light conduit & bases $ 20,036.70 $ 8,520.37 $ 13,472.29 $ 42,044.04 Curb prep & place $ 38,960.24 $ 16,567.38 $ 26,196.13 $ 81,752.29 Sidwalk prep & place $ 45,917.43 $ 19,525.84 $ 30,874.01 $ 96,350.92 Bike & quiet path $ 22,680.43 $ 9,644.58 $ 15,249.89 $ 47,591.51 Storm ponds $ 104,357.80 $ 44,376.91 $ 70,168.20 $ 218,979.36 Final Seeding/landscaping/street trees $ 63,384.14 $ 26,953.35 $ 42,618.29 $ 133,002.22 Asphal Paving S 50,091.74 $ 21,300.92 $ 33,680.73 $ 105,110.09 TOTALJ $ 1,043,243.20 $ 443,626.75 $ 701,456.86 $ 2,188,326.81 FOR INTERNAL USE ONLY WWA Permit # - CITY OF SOUTH BURLINGTON APPLICATION for WASTEWATER ALLOCATION *Items marked with an asterisk must be filled in by ALL applicants *APPLICANT INFORMATION Applicant: South Village Communities, LLC Contact Person: Ms. Robin Jeffers Mailing Address: P.O. Box 2296, South Burlington, VT 05407 Telephone & Fax for Contact Person: (802) 316-6004 Property Owner Name (if not applicant): Same Property Owner Mailing Address: *Physical Location of Project: 1840 Spear Street (Midway between South Jeffers Robin Jeffers Robin Jeffers s *Signature of Applicant *Signature of Property Owner (Both applicant and property owner MUST sign the application!) *Project Information If the project is a single-family home, please check one: New =Existing If not a single-family home, project name: *Application or Permit Numbers: (from Planning & Zoning office) # SD - - Engineer's Information for flows over 1,000 gpd Name of Engineer: David S. Marshall, RE Firm: Civil Engineering Associates Inc. Mailing Address: 10 Mansfield View Lane, South Burlington, VT 05403 Phone & Fax: P 864-2323 x310 F 864-2271 PE License #: 6019 *Flow Calculations (You may substitute an engineer's calculation or letter for the information requested below) For residential nrniectc_ 11Rt mimbpr of 6Pl,rnnme anA „ni+e vnn„na+-A- Number of Bedrooms Number of Units X Gallons per day per unit = Total Flows 1 140 2 or more 52 210 10920 TOTAL Notes: For commercial and industrial projects, list existing and proposed tenants, uses and flows: Tenant/ Type of use Number of Flows per Other Total Business seats, SF, etc X unit Adjustments Flow Design Infiltration per attached computation sheet 444 TOTAL *Total development wastewater flow requested: 11,224 gallons per day Flow characteristics (for commercial and industrial projects) Volume: Flow rate: Strength: Please do not write below this line Application & Recording Fee received: Name Date Receiving Plant: lirport Pkwy Bartlett Bay City Center District: Yes �No Approved by Water Pollution Control Department (Commercial and Industrial Projects) Director of Water Pollution Control Date Preliminary allocation issued: (payment of fee is not required) Director of Planning and Zoning Date Final allocation issued: (payment of fee is required, either in full or pro -rated for projects with multiple zoning permits involved) Director of Planning and Zoning Final allocation expires Zoning permit issued (Date) (Date) Date with permit with permit*_-_-. Associated WW connection permit (if applicable) # - - For extensions of Final Allocation Only EXTENSION GRANTED to (Date) (Date of Expiration) 5o% EXTENSION FEE PAID $ (Date) (Amount) South Village Phase III Wastewater Design Flows 11-Feb-17 # Units #BR Description 0 3 BR Single Family Home 22 4 BR Single Family Home 4 3 BR Duplex Units 2 3 BR (Triplex Units 2 1 BR 12-Plex Units 22 2 BR 12-Plex Units 52 Infiltration 493 LF 493 LF 360 LF Additional nfi lt. Allow. Design Flow x 150 GPD/BR = x 210 GPD/BR = x 210 GPD/BR = x 210 GPD/BR = x 140 GPD/BR = x 210 GPD/BR = Subtotal 4 " Sewer Service = 6 " Sewer Service = 8 "Main = Inch -Feet of Line = 300 GPD * In-Feet/m Total Design Flow GPD 4,620 840 420 280 A ti7n 10,780 1,972 2, 958 2, 880 7,810 444 11,224 APPLICATION FOR WATER ALLOCATION * Items marked with an asterisk must be filled in by ALL applicants * Applicant Information Applicant: Contact Person: Mailing Address: Telephone & Fax for Contact: Property Owner Name (if not applicant): Property Owner Mailing Address: South Village Communities, LLC Ms. Robin Jeffers, Vice President P.O. Box 2296, South Burlington, VT 05407 (802) 316-6004 * Physical location oj1 prgj,,,,,cl 1840 Spear Street, South Burlington, VT 05403 Y Ili �tYR�11F Robin Jeffers ,J`„ «,',5,, n�;d,.s„ �ae°aso 11400 * Signature of Applicant * Project Information If the project is a single-family home, please check one: X New Existing (For existing homes, no Application is required if revised demand is less than 1,000 gpd.) If not single-family home, project name: South Village Phase 3 Residential * Application or Permit Numbers: (from Department of Planning & Zoning) # S ID Engineer's Information for flows over 1,000 gpd Name of Engineer: David S. Marshall, P.E. Firm: Civil Engineering Associates, Inc. Mailing Address: 10 Mansfield View Lane, South Burlington, VT 05403 Phone & Fax: P 864-2323 x310 F 864-2271 PE License #: 6019 * Flow Calculations (You may substitute an engineer's calculation or letter containing the information requested below) For additional bedrooms in single-family homes: Number of existing bedrooms: Number of additional bedrooms requested: Page 1 i E APPLICATION FOR WATER ALLOCATION For other residential nrniPr_tc_ list nl imhnr nt harimnmc nnr4 i initc roni ioef A. Number of bedrooms x Number of units x Gallons per day per unit - Total flows 1 0 150 0 2 24 300 7,200 3 6 450 2,700 4 22 600 113,200 5 750 _ 6+ (specify) TOTAL 23100 10% Low Flow Credit 2.310 For commercial and industrial projects, list existing and proposed tenants, uses and flows: Tenant / Number of Other Business Type of use seats, SF, etc. x Flow per unit Adiustments Total flow TOTAL-_— * Total development water flow requested: Please do not write below this line Approved by Water Department Superintendent of Water Preliminary Allocation approved: Final Allocation approved: Final Allocation Expires: (Date) For Extensions of Final Allocation Only EXTENSION GRANTED (Date) G:W ord:SBForms:W aterallocationForm Page 2 20,790 gallons per day Date Date Date with permit # - - to (Date of Expiration) David Marshall From: Andres Torizzo <andres@watershedca.com> Sent: Friday, August 11, 2017 11:28 AM To: 'Dave Wheeler' Cr dmarshall@cea-vt.com; 'Patrick O'Brien'; 'Robin Jeffers' Subject: South Village Phase III soil testing Attachments: South Village Phase III - Hand Auger Soils Table and Map.pdf Hi Dave, Attached is a summary of the soil investigation completed at the South Village Phase III site. The investigation was completed to evaluate compliance with Section 12.03 C of the LDRs, last revised on June 27, 2016. As you can see, both HSG C and D soils cover the site. Hand coring was completed in the HSG C areas to evaluate infiltration potential. Tight clay was observed down to depth of refusal which was a maximum of 36". Moist conditions were also observed. Based on the testing, infiltration does not appear to be viable. The proposed stormwater system consisting of a collection of gravel wetlands will maximize the WQv treatment on the site. Please let me know if you have questions or if we need to further discuss these results. Thanks, Andres Andres Torizzo Principal k%V Watershed Consulting Associates, LLC Stormwater Management I Water Quality I Erosion Control 430 Shelburne Road P.O. Box 4413 Burlington, VT 05406 Mobile: 802.922.48711 Main: 802.497.2367 andres@watershedca.com www.watershedca.com KiTATERSHED CONSULTING ASSOCIATES, LLC Stormwater Management i froalon Control South Village Phase III: NRCS Soil Group C Hand Auger Data Investigation Completed 8/09/17 Hand Auger Hydrologic Soil Depth (Inches) Description "Locations mapped on page2• Group(NRCS) 1"-4" Dense brown clay, roots 4"-10" Loose granular clay loam 1 C 10"-16" Very dense dark clay 16" Hit stone 1"-4" Dense brown clay, roots Loose granular clay/silt 2 C 4"-10" 10"-16" Very dense dark clay 3 C 1"-36" Dark brown/grey clay, moist, very dense Extremely dense hard clay. Brown/orange 4 C 8" 28" Extremely dense hard clay. Moist, brown/grey 5 C 1"-30" Light brown/grey clay with some orange tints. Very dense, moist .0�!WoAj-, Soil from Hole #1 Soil from Hole #2 Soil from Hole #4 Other Notes: Soils in area appear to be quite uniform, providing clayey top soil, a thin buffer of granular clayey loam, followed by long stretches of hard, dense, moist clay. f ,► Legend a O HandAuger Proposed Impervious Cover Stream Hydrologic Soil Group C D and Auger 4 k, Hand Auger 3 4 9f Hand Auger 2 „. Hand Auger 5 0. sJ t ��. Hand Auger 1 O �. I µ ° ti4 ^t. " Soils Map A South Village Phase III LTATERSHED 0 65 130 Feet VS -LIMO S60c,i rl t , I South Burlington, Vermont Map Produced: 8/9/2017 Design Review Standards For Village Homes, Village Townhomes, Carriage SF and Duplex with Notes on 4+ plexes *All home, site and landscape designs and color schemes to receive SVC DRC review prior to construction and any exterior addition or alteration. Each home also requires a City of South Burlington Building Permit and Ordinance compliance. All designs should take in account neighboring homes and landscapes and meet Energy Code Plus or better energy standards. General; Home design shall overall be reflective of general "New England" architecture styles, with traditional lines, fenestration, decor, etc. Cape, Colonial, Cottage, Bungalow, Farmhouse, Federal, Georgian, Greek revival, Queen Anne, Saltbox, Shingle, Victorian, etc Home Color: Buildings shall be of a palette that would constitute a "Historical' palette, of natural tones that are complimentary. Benjamin Moore "Historical Palette" may be used as a general reference. Excessively bright and/or neon types of colors are not allowed. Home trim to be white. Entries: Each building shall have a front entry that is street facing and /or common element facing in lieu of street. It shall be easily distinguishable so that the common element facing front entry is the primary visual entry and more prominent than any other entry. Each 'front' entry shall have a feature that further defines it, examples are; covering, large stoop, front porch, or have extensive architectural trim surround on the front door that clearly establishes the entry from other doors or window openings, the added definition to provide added visual 'welcome' and identification. The result should be an entry that any passerby would easily identify as the 'front door'. The door or street connected element (example: porch) shall have a front walk leading to it from the street. Street visible elevations (911 Address view perspective including full sides if a corner lot): Any home elevation visible from the street & sidewalk shall have architectural fenestration so that there are no 'blank' walls of 12' or greater, examples are; but not limited to; door, window, false window, etc. Each expanse of a full story shall have this fenestration, ie, 2 stories, a window or other listed element at the first and second level. The requirement is double for any expanse of 20' or greater, ie, 2 windows or such per story per span. Street view perspective shall be is defined to be, the 911 street elevation (front) of the home and 50% of the side elevation street forward from midline of the home on each side, (ie 50% of the side elevations),unless a full side is visible from the street, by nature of being on a corner lot, or other lot configuration where a directly neighboring home is absent, in which case the entire exposed side is to meet the street visible criteria. August 29,2017 p1 Street facing trim color detailing; All street facing trim elements; skirt boards, risers, railings, deck trim, frieze, columns, lattice, window & door trim, rim board, gables, drip edge, gutters, fascia, rake, soffit, etc. shall be white. Doors, shutters and louvers may be colored; color to be approved by DRC approved historical color palate. *All multiplex units are to have railings on their front porches. Windows: All street facing windows shall be primarily double hung, divided light aesthetic that are 2 over 2 or greater in division. Use of transoms, bow and custom windows keeping with the traditional appearance scheme are encouraged. Window plans shall have symmetry and cohesiveness with the home plan in general. Shutters: If shutters are installed they are to be sized logically to fit (cover) the window to which they are adjacent. Garages: Street facing garages shall be set back 8' from the front of the home's conditioned space and separated from the Entry element of the home, so as to not substantially become the first part of the home a visitor connects with. Street facing garages shall have some element of architectural style; windows, or combination of hardware and window, or other trim such as pergola or similar treatment, window transom, etc. to lend visual appeal to the expanse of door or door surround area. *An exception may be taken to the 8' setback from conditioned space if the home has a full front porch, the 8' setback may be measured from the face of the full front porch subject to the following definition; a full front porch shall be at least 6' in depth and be at least as wide as 60% of any street facing garage elevation on the home with a street facing two car garage. Side & rear load garages are encouraged. Side load garages may be home forward (see city ordinance) if appearance from the street is not of the garage door. Garage sides shall meet street facing element requirements. Rear load garages are exempt from the 8' setback standard by their nature. Any garage wall on the rear facade of a home that faces another home or a street shall have fenestration on that wall of window and/or door. House width in relation to garage width: Street facing facades of homes shall be balanced so that the street elevation of conditioned space shall be no less than 70% width in relationship to the width of a street facing garage that serves the unit. Landscaping; All homes shall have foundation plantings to soften the transition of street & lawn to home, plantings to be non invasive species and sized (at mature growth) to be suitable for the home and lot and Landscape Guidelines. Plantings shall be placed to screen the front and side of the home from the street of service equipment, under porch openings, etc. Trees shall be placed to provide shade/ and or privacy to the front and rear/side of the dwelling. Care should be taken August 29,2017 p2 (5outhVillage in selection of plants to offer multi -season interest, privacy screening ability. The required plantings for the home shall be used for 'street dressing' first, balance, if any, may be distributed around the home. Support of natural food supply for birds, bees and or people is encouraged, ie flowering and or fruiting plants. Existing trees and shrubbery should be retained and preserved if possible. Each home's initial landscape plan shall incorporate at minimum, Single Family: 2 trees, 8 shrubs, & 8-12 perennials Duplex: 4 trees, 10 shrubs, & 8-12 perennial plantings Triplex: 6 trees, 12 shrubs, & 12 perennial plantings Landscape budget for plants purchase (not including installation) alone shall be $1000 or more per dwelling at initial planting. (Phase 1 homes duplex and triplex standards are separate, see city permit) Lawns are to be a conservation low mow mix. Mulch is to match the neighborhood standard. (Brown as of this writing: hemlock, subject to change) Stormwater drainage flow should not be altered. Any change to be reviewed on the site plan of the application and is subject to the projects approved stormwater permit. Definitions: A tree can be described as a plant with a shoot system that's supported by a single woody trunk of at least three inches in diameter, a crown of foliage and a height of 13 feet or greater when mature. Shrubs differ from trees, they are more inclined to branch nearer the ground and they may have several narrow stems as opposed to a single trunk. The height is generally less than 13 feet and stems less than three inches in diameter. (An exception is granted for Birch Trees to be a multi stem clump) All other trees and shrubs shall meet the definitions. Walkways: A front walk shall connect each home to the street and or common element in lieu of street. Alleys & Lanes shall not be considered to be streets or common elements to meet this standard. The walks shall be constructed of material that may be winter maintainable (shoveled easily) and may be made of; brick, pavers, concrete or stone, etc. Fencing: All street facing fencing shall be white, picket is encouraged. All fence hardware shall be home facing, not street facing. All fencing shall otherwise follow the existing guidelines, and shall not exceed 48"h, 3'6" is deemed standard, shall be located 6" inside of property line or more, etc. See more in Declaration guidelines on fencing. Decks: Shall be constructed of wood or wood composite or wood replacement material that has the look and feel of wood. Decks shall have landscape screening in place around the deck to soften it's connection to the site and afford privacy to any under -elements. Siding: Shall be of wood, vinyl or cement board material and shall be clapboard of not greater than 4 ", or shingles or shakes. Stone and brick siding and veneers are allowed, subject to visual plan review. August 29,2017 p3 Roofs; Shall be pitched unless granted an exception by the DR committee. Roofing materials are to be architectural or natural shingle, standing seam composite, or stone in DRC approved earth tone coloration. Based on IKO Cambridge series: Harvard Slate, Earthtone Cedar, Dual Black are approved, other colors in keeping with historical coloration design may also be accepted. Lighting: All exterior lighting shall meet or exceed 'Dark Sky' Standards and installations 2015 and later shall be LED. (LED is encouraged in all exterior fixtures) Flag Lot Variance: Flag lot homes shall have the visible portion of the home made attractive from the street. Garages may be side load, ie: not set back 8', not visible from the street, or if visible from the street and not set back, be made more attractive by means of at least two (2) accessory elements of small roof, pergola, decorative door style, etc, or be made to appear as an auxiliary building, such as a barn, etc. Additional Guidelines; a. Each home shall feature a neighborhood friendly welcome -integrative front door facing the street or common element of generous stoop, covered landing, or porch, b. No home with some design of street elevation within 3 lots of some design, c. No home regardless of style of identical color within 3 lots of a home of the some color, d. A maximum of three homes with an identical color scheme, e. A maximum of two duplexes of the some color scheme, f. No Duplex of identical design of street elevation side by side. g. Identical Design differentiation shall be further defined to be a change clearly visible to the naked eye from the street, of a fundamental element, ie a change in roof direction, and/or a change to the plane of street facing elevation in number of windows and or doors, joining of windows or separation of windows, to be more distinct than a change in window size, may also be a change in materials, siding to shingle, brick or stone, or other change that is readily apparent, etc. h. Historical colors are encouraged to achieve a cohesive palette. The Benjamin Moore Historical palette shall serve as a reference for color variance selection. All color schemes to receive DRC approval prior to implementation. *The above shall not nullify any pre-existing guidelines of the Declaration, Bylaws or Land Management plan, but shall serve to add clarification to those guidelines already in place. The South Village Design Review Committee reserves the right to add more defined input and directive into design of new homes not yet presented as of this date, and this document may be amended from time to time by addition. August 29,2017 p4 Review Procedure: Plans shall be submitted to the design review committee for review on a DRC request form and include elevations w detail, site & landscape plans. Upon submission of a request for review, the Design Review Committee shall meet and provide a reply within two weeks' time on a new build, and/or generate comment that may require additional information to be provided and/or presented. If a plan meets all the above criteria, an approval shall be written. An initial architectural review may be requested for an informal review, that review shall be non -binding. The DRC retains it's currently adopted 30 day review window for all other applications. The SVC DRC retain the right and privilege to make an accommodation if requested and the accommodation fits within the goal of the standard in retaining the aesthetic of New England style dwelling and will be cohesive to the overall plan and aesthetic of South Village Community. Waivers from Standards can be sought, but not necessarily will be given. These standards are adopted and accepted by the South Village DRC Board, effective 8/29/17. These standards are written in accordance with all City Land Development Regulations and City Ordinances, and meet all SVC current City Permit requirements. "Note: All units of 4 or more plex and any cluster of dwellings on one lot, require separate site plan design review by the City and will have their own landscape requirements based on City Land Development Regulations. The preceding standards are able to be applied to Multi Family homes of 4 units or greater, with the exception of the "Additional Guidelines" Section of this Standard and the landscape standard. Re: Color, 'sameness' of facades are to be in harmony with each building on the same lot. The landscaping shall meet the requirements of the City for site plan for these dwellings. Color shall be selected to be complimentary to the buildings and neighboring buildings may be the same color scheme with the intent to visually minimize massing with a cohesive color scheme that will function to blend, harmonize and minimize the massing, rather than the opposite. le Row houses, multi -family units of 4 or more attached units and cottage clusters may have a unified and 'same color' color scheme. August 29,2017 p5 David Marshall From: Robin Jeffers <robin@SDIRELAND.COM> Sent: Monday, August 14, 2017 4:50 PM To: ray (ray@sburl.com) Cc: clarose@sburl.com; Dave Marshall (dmarshall@cea-vt.com) Subject: 911 Addresses and Street names for SVillage Ph 3 Attachments: 01243-Phase 3- 2016-C1.2 SITE PLAN.pdf Hi Ray, Cathy Ann and the South Burlington Planning Comission, We need to submit to you the street names and 911 plan for South Village. I've copied in Cathy thinking she's the right person for the PC submission. If I'm wrong and need to re -address, please let me know. We are seeking approval for the following street names; Douglas Street Stafford Street. *We are proposing to stay with Midland Ave for all sections of 'our' roadway that will connect and become an extension of the existing Midland Ave at Dorset Farms neighborhood. The 911 numbering is based on distance from the Roundabout on S. Jefferson Road. Please let me know if there are any questions. Thanks! Robin David Marshall From: Robin Jeffers <robin@SDIRELAND.COM> Sent: Wednesday, August 30, 2017 11:54 AM To: Dave Marshall (dmarshall@cea-vt.com) Subject: FW: South Village Phase IIIB FYI: Craig Lambert approval below. From: Craig Lambert [mailto:clambert@sburl.com] Sent: Wednesday, August 30, 2017 11:53 AM To: Robin Jeffers; 'Ella Braco' Subject: RE: South Village Phase IIIB Hi All, Those changes are acceptable to me. Craig Lambert South Burlington City Arborist 104 Landfill Rd South Burlington, VT 05403 Ph: 802-658-7961 Fax: 802-658-7976 email: clambert@sburl.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Robin Jeffers [ma ilto:robin @SDIRELAN D.COM] Sent: Wednesday, August 30, 2017 10:46 AM To: 'Ella Braco' <ella@tiboyle.com>; Craig Lambert <clambert@sburl.com> Subject: RE: South Village Phase IIIB Thank you Ella and Craig. From: Ella Braco [mailto:ellaCa)tjboyle.com] Sent: Wednesday, August 30, 2017 10:41 AM To: Craig Lambert; Robin Jeffers Subject: RE: South Village Phase IIIB Craig, I am attaching our revised street tree planting with the revisions we discussed. We just realized with vacations we are really hoping to submit our materials, including your letter of approval sometime today. Is there any chance you would be able to review and send along an approval to Robin and today? Let me know if you have any questions. Overall changes are: 1. 1 removed previous maple varieties and replaced with Celebration Maple, Sienna Glen Maple, and non -maples to diversify. Specifically - Autumn Gingko Ginkgo and European Larch 2. 1 replaced the Spring Snow crabapples with Cleveland Select Pears Thanks, Ella ELLA G. BRACO, Green Associate Designer T. J. Boyle Associates, LLC 802.658.3555 From: Craig Lambert [mailto:clambert@sburl.com] Sent: Thursday, August 10, 2017 6:52 AM To: Ella Braco <ella@tiboyle.com> Subject: RE: South Village Phase 1116 Ginkgo and River Birch would work. I've also thought of using Larch as a street tree to see how it works out, European Larch would probably be more tolerant of street use than the native Tamarack. I've also used Baumanii Horsechestnut(fruitless cultivar) it tends to get some leaf blotch in late summer but seems to do OK. I've also had good luck with Swamp White Oak but I think there are a fair number of those in some of the other phases of South Village. Craig Lambert South Burlington City Arborist 104 Landfill Rd South Burlington, VT 05403 Ph: 802-658-7961 Fax: 802-658-7976 email: clam bert(a�s burl. com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Ella Braco [mailto:ella@tiboyle.com] Sent: Wednesday, August 09, 2017 5:12 PM To: Craig Lambert <clambert@sburl.com> Subject: RE: South Village Phase 1116 Thanks! I am trying to find an alternative to Hackberry, below is my brainstorm so far, what are your thoughts? Preferred options: • *Autumn Gold Ginkgo (one of the wider spreading varieties) • *River Birch or Yellow Birch (I know these a more work to prune) • *Larch (would need to limb up, so more pruning work entailed) Other options: • Oaks (we often get complaints about the acorns, so we tend to avoid them as street trees, but otherwise a good option) • Lindens (we have noticed inconsistent growth and are generally not pleased with how they typically look) • Horse Chestnuts (we have noticed very slow growth, so they end up looking bad for the first 5-10 years) • Sycamores (apparently we have not had any luck with these and don't see many good examples of them, but I am not entirely certain why this is the case) ELLA G. BRACO, Green Associate Designer T. J. Boyle Associates, LLC 802,658.3555 From: Craig Lambert [mailto:clambert@sburl.com] Sent: Wednesday, August 09, 2017 3:22 PM To: Ella Braco <ella@tiboyle.com> Subject: RE: South Village Phase IIIB Ella, • Cleveland Select is fine as a replacement for Spring Snow crabapple • Common Hackberry is OK, just a caution I haven't had real good results w/Hackberry in the clay soils in South Burlington • 1 prefer Celebration or Sienna Glen to Autumn Blaze Freeman Maple. There may be others to try as well but those are the two I'm familiar with. Autumn Blaze tends to have a lot of narrow crotches which may become problematic as the trees mature. In addition it seems like Autumn Blaze gets spec'd almost to the exclusion of all other cultivars • The sugar maple cultivars are worth a try but tend to be somewhat intolerant of street tree growing conditions. They may be better utilized as yard trees Hope this answers your questions. Craig Lambert South Burlington City Arborist 104 Landfill Rd South Burlington, VT 05403 Ph: 802-658-7961 Fax: 802-658-7976 email: clambert(&sburl.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Ella Braco [mailto:ella@tiboyle.com] Sent: Wednesday, August 09, 2017 10:32 AM To: Craig Lambert <clambert@sburl.com> Subject: South Village Phase IIIB Craig, I think we have been playing phone tag long enough, so I figured I would email you my questions. For South Village Phase IIIB, we are thinking we will do the following: 1. Replace the Spring Snow crabapples with Cleveland Select Pears 2. Add Common Hackberry to the street trees and generally switch plants around so that we don't have more than 20% of any one genus, especially maples. My questions to you are: 1. Are you okay with those selections? (Cleveland Select Pear and Common Hackberry) 2. In terms of Maple species we use, did you have a problem with or preference against any of the selections we made in particular? (Autumn Blaze Maple, Legacy Sugar Maple, Green Mountain Sugar Maple) Or did you just want us to incorporate at least one of the suggestions you made? (Celebration Maple, Sienna Glen Maple) Thanks for you feedback, Ella ELLA G. BRACO, Green Associate Designer T. J. Boyle Associates, LLC 802,658.3555 From: Robin Jeffers [ma ilto:robin @SDIRELAND.COM] Sent: Monday, August 07, 2017 3:54 PM To: Michael J. Buscher <mike@tiboyle.com> Cc: Ella Braco <ella@tiboyle.com>; Jeremy B. Owens <jeremy@tiboyle.com>; Dave Marshall (dmarshall@cea-vt.com) <dmarshall@cea-vt.com> Subject: FW: South Village Phase 1116 preliminary Stormwater and Arborist comments Hi Mike & Team, Please see attached notes from City Arborist on our SV Phase 3 street trees submittal. Please share what/how you recommend we respond, (asap). Thank you. Robin From: Marla Keene [mailto:mkeene@sburl.com] Sent: Monday, August 07, 2017 3:49 PM To: dmarshall@cea-vt.com; Robin Jeffers Cc: Paul Conner Subject: South Village Phase IIIB preliminary Stormwater and Arborist comments Hi Dave and Robin, I've received comments on the initial materials from both the City Arborist and Stormwater Superintendent. I understand that you are planning to provide us with additional materials, but wanted to provide you with their preliminary comments so that you had the opportunity to incorporate them into your materials now. Thanks, Ohl Marla Keene, PE Development Review Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City of icial or stall or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. Landscape Plan Narrative PF0I@ct Components 11w pmq.nl laxlw.lre Plan fast South VJIaPe will mrwiq W fv. belie <wnpr,r.nK uw.wrn.n..a.pq...a.�..r..pwrnita Xr +tMJ.l..ldd.detwt r IM.piwNM.w ad .p�r1wX n a�a.Boa nXl-b' W r1 41-.d.4 wYh lh XWwr.M IMtrr1.M X.111X 71�� �� (aYr.M pYsMR{spttlUCyas.aed alsdwYlu.l laa.r. 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ENGINEER CIVIL ENGWEERINGASSOCIATFS SHEIALnNE, Vr TRAFRC ENGINEER TND ENGINEERING OSSIPEE, NH LANDSCAPE ARCHITECT LAND -WORKS 6BDDLE"Y, Vr ENVIROralENTAL PL4NMNG APPLIED ECOLOGICAL SERVICES BROADHEAD, WI PROJECT TITI E: SOUTH Vil.l_A.C: t✓ 5 ,N N 6 N .. I. c .• . V. m. N SPEAR STREET AND ALLEN ROAD SOUTH BURLINGTON, VT ul�""' mlakilr_"� LOCATION MAP r .mu rcvwp I • . 3000' t.lr.. 4_ DESIGN GUIDELINES JULY,2004 N INDICATED L- 3 a W AS 01243 Landscape Plan Narrative Prolsat Components 16e PruPw�•d I.e,xL . Pc Plan fur Suveh V loge wN cwrtia of fiw_batir c�xnrxitwnM nslydrw.r�.n.d, aereeen a �l hr aarW lN,ea. /.2 arhw Twit rexkrarlaralr dr. nR.mewanliar.nW Wedir.yrlr.newA earray. etwbrnl en4w: ]j sewo Inawb�tauy� � 1,L�pl� nn yW1ic ryuz:+ L.d c waoa H ��NN.tJ hwr to 44a 5)tMe0lwR Plow W �. 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LandWorks Z" rwlm 1 Pil�///A a.. oor xe i�su IriMAfawhvtak_a 1 DG DR aaPucvrr: SOUTH VILLAGE COMMUNITIES, LLC. PROJECT U)N_LA TAWS: PL4PLWR/ARCHIFECi LOONEY RICKS KISS N4SHVILLE. IN OVTL ENGINEER CIVIL FNGINEERINGASSOCIATES SHELBORNE, VT TRAFFIC EAGINEER TND ENGINEERING OSSIPEE, NH LANDSCAPE ARCHfTECT LAND -WORKS MIODLEBORY, Vr ENVIRONMENTAL PLAMAING APPLIED ECOLOGICAL SERVICES BROADHFAD, WI PROJECT TrrLE: SO LI'UH VILI,AC7 T, SPEAR STREET AND ALLEN ROAD SOUTH BURLINGTON VT l� I r _ f Y:fir,-1 4 LOCATION MAP _ r x, I�.JNiio DESIGN GUIDELINES JULY, 2004 ,W. L-3b N AS INDICATED 01243 TYPICAL UTILITY SCREENING PLAN FOR TRANSFORMER, TELEPHONE, AND CABLE PEDESTALS LOCATED BETWEEN HOUSES 'SOUTH VILLAGE SOUTH BURLINGTON VERMONT Scale: 1" = 10'-0" Date: January 14, 2008 Drawn by: PO Checked by: DR 228 Maple St, MW32 Middlebury, Vermont 802.388.3011 www.landworksvt.com �vi'mX0,000, LandWorks October 17, 2017 Mr. Bill Miller, Chairman South Burlington DRB 575 Dorset Street South Burlington, VT 05403 Re: SD -17-18 1840 — South Village Communities LLC, Phase 3, Preliminary and Final Plat Dear Mr. Miller, In an attempt to clarify our stance on the future of affordable housing at South Village, I think it is important to remain focused on the facts that are embedded within in this projects Master Plan Approval, the South Burlington Land Development Regulations and the applicable statute that grants the DRB their authority. While considering this during your deliberative session, I urge you to review the following facts. 1. We are allowed to construct 269 units of market rate housing. 2. Currently we are at @ 150 units ( the builders that purchased lots may have applied for some zoning permits this week that we are not aware hence the estimated number). 3. Simple math equates to us being over 100 units away from having to make a decision to build or not to build affordable units. 4. We are not required to build any affordable units, we can stop building at 269 units. 5. We have not in any way, shape or form applied for any applications to build affordable units. 6. The application before you will not bring the number of approved units approved in South Village to 269 units. 7. The Final Plat Approval already has conditions that spell out the process of building affordable units and this coupled with the referenced sections of the LDR's should give this DRB the comfort that they need to approve this application without any reference to affordable units. In closing, we remain optimistic that we will be able to deliver affordable units to future residents of South Village, but given the number of nuances associated with how it is all going to work financially for the project we are not yet willing to come forth with an application. Yes, we are close but we don't want to put the cart before the horse. es eOfullyl submitted, G V P trick 'Brien South Village Communities LLC As a new resident to South Burlington and a homeowner in Phase II development in South Village, I find it necessary to express concerns for our neighborhood, South Village in South Burlington. I attended the meeting held on October 3, 2017. The intent of this meeting was to approve Phase III development in South Village. By my count, there were at least 15 current concerned homeowners from South Village present at the meeting, which on a financial note-- represents over $150,000 in property taxes alone on an annual basis. When one of the board members states to all in attendance, "we are here to discuss Phase III -only," it is frustrating and not a very effective way to communicate to the homeowners of South Village who were there as concerned citizens. Then we hear from the "applicant" that they want approval of Phase III development in South Village with no requirement to present an overall plan to address our concerns on affordable housing and the proposed multiplex units in Phase II. The question is where will these affordable homes be built in the South Village development and has the density concern been addressed if 5 multiplex units are approved for Phase II. These concerns need to be addressed as all three phases in the development should share equally for the building of affordable housing. I truly believe input from the South Village residents who are South Burlington property taxpayers should be heard. The applicant --we heard at the meeting on October 3, 2017 —it (affordable housing) will be addressed in the future; they will or have taken steps in good faith to address this issue when they have reached 269 units. This is the frustrating issue--- they know at some point there will be 269 units in the development —who are they kidding? However, there has been no clear or specific presentation on the overall plan. "In god I trust, all others bring data!" We need the details not words or promises. The board has to recognize these facts, and show to all parties, the due diligence on this matter, to gain support from all parties. If you physically look at where the homes are and the number of homes and people per square foot, it might amaze you. Also come here at night, and see how the multiplex units light up and light a commercial parking lot. We want to know and understand the master plan as it is today. How do we get to discuss this and get answers? Is the applicant afraid to deliver the plan because they know they will have to be reactive vs. proactive? This tactic by the applicant is money driven. So, we ask you --let's be proactive and get the whole plan for the development and not piece by piece. Then, we all know each step of the development for now and the future. Thank you A� Brent De edet 140 N Jefferson —South Village DC-T. 1S 11-:- October 15, 2017 Mr. Ray Belair Department of Planning and Zoning 595 Dorset Street So. Burlington, VT 05403 Dear Mr. Belair: OCT 16 7917 City of vo. 3urlina ton In addition to the ecological and aesthetic concerns expressed in my previous letter (dated September 17, 2017),1 have economic concerns and questions pertaining to the viability of multi-plex units in South Village. It is my understanding that the current units were built as intended ownership units — condominiums, not rental apartments. My questions: 1 How many of the existing units are owned by someone other than the developer? 2 How many units are currently rented? 3 How many units are vacant? 4 How many units have sold in the last 2-3 years? 5 How many units qualify as affordable housing? If the answers are what I think they are, then it would seem that the original intent of these buildings has not come to fruition and they are simply money -making rental units for the developer. If that is the case, then why would we build more of these? What makes anyone think that these buildings will be more successful? If the units do not sell, we are not meeting the affordable housing quotas nor are we headed in the direction of a community that is owned and run by the homeowners which is according to the bi-laws the ultimate plan. Why not build something that attracts new homeowners to our neighborhood and does not offend the residents currently occupying homes that they were told would be surrounded by similar structures? If new multi-plex units are rented rather than owned, doesn't that negate the reasoning behind building them in the first place? I include again here my primary concerns expressed in my earlier letter. The architectural scale of these buildings does not fit in with the rest of the Phase Two homes. They will change the look and feel of the area as they dominate the landscape. A parking lot is quite different from a driveway and garage. And the noise and lighting associated with these buildings will be disruptive to the neighbors and to the integrity of the farm. The 24 hour lighting and exhaust fans in the garage as well as the excessive traffic cannot help but change the overall feel of our quiet neighborhood. I can only hope that the Board is insisting upon a master plan that enhances the neighborhood rather than undermines it. I hope that you are listening to the concerns of the residents as you consider your next steps. We are, as you can see, frustrated by the lack of input we have been afforded. Again, I invite you to visit the site and ask questions of the neighbors. Thank you. Sinc rely, PonAn onol y 132 N. Jefferson Rd South Burlington, VT J October 13, 2017 Mr. Ray Belair 575 Dorset Street So. Burlington, VT 05403 Dear Mr. Belair: OCT 1 r) 2012 City of So. Burlington As a resident of South Village and a taxpayer, I was disappointed at the October 3ra Design Review Board Meeting because the "applicant" and the DRB board announced they would only listen to conversations or concerns related to Phase 3 of South Village. From a homeowner's perspec,:ive, it is one community and the decisions made for each Phase affect the quality of living in all Phases. Approximately 15 homeowners and a builder were in attendance. Obviously, there is concern about the community and no one wanted to listen to us. In my opinion, there are three major concerns. The first is the affordable housing. If the applicant reaches 269 units, what is the plan to distribute the affordable housing units equally across the Phase I, II, and III and equally across the different types of housing? Can this be accomplished with Phase I and II nearing completion? Secondly, the numbers of additional multiplex buildings planned for Phase II are a concern for many residents in Phase II. Who is looking at the density and safety issues? Assuming 2 people, 2 cars, 2 dogs, and children per unit, etc.? The existing multiplex buildings are located at each end of the development with woods and space behind them. If the proposed plans are initiated for lot 48 and built in the middle of the existing neighborhoods, it is disconcerting. Thirdly, I urge the DRB to read the Land Management Plan. These buildings, in my opinion, do not appear to be in compliance with the plan and are not ecologically or environmentally appropriate in the proposed spaces for an environmentally conscious neighborhood. See my letter dated September 1, 2017. Again, I urge the Board and/or anyone else in a position to grant approvals to the applicant to please visit this neighborhood day and night to see how they impact the community and the environment. Thank you for your time and attention to this situation. Sincerely, Joanne and Champ Soncrant 107 No. Jefferson Road So. Burlington, VT 05403 cell: 802-363-5891 I September 1, 2017 Mr. Ray Belair Department of Planning and Zoning 595 Dorset Street So. Burlington, VT 05403 Dear Mr. Belair: 0 C T 4 S 2017 City of So. 3ur(ington My name is Joanne Soncrant and live at 107 No. Jefferson Road, So Burlington in South Village. I was in attendance at the most recent DRB meeting and understand that you and the DRB will be reviewing the South Village Master Plan on September 5th and 19th. As one of our neighbors requested, we would like the DRB to review the Master Plan before approving the Phase 3 plan. As residents of the development, my husband and I have concerns regarding the location of the multiplex units planned on lot #48, as well as how the affordable housing will be distributed equally in all three phases since nothing has been deemed "affordable" at this point in time. My husband and I built on lot #37 with the knowledge there would be homes on lot #48. However, it was only recently that it came to our attention that two multiplex units were approved for this lot. This lot boarders on the farm land and just seems architecturally inappropriate for this space. The other multiplex units sit at the ends of the development and look as if they were planned for those areas. In addition, there are three multiplex units in Phase 1, five multiplex units planned for Phase 2 and two planned for Phase 3. If affordable housing is going to be distributed equally throughout the neighborhoods, the concern is Phase 2 might be the logical place because of the number of multiplex building designs. It is our understanding, however, that affordable housing cannot have a concentration in any one area. It is also our opinion that these multiplex units will give Phase 2 a more commercial look and feel compared to the "community" feel of Phase 1 which has many different types of single family homes, duplexes, triplexes, etc. Our objection is not about the existence of affordable housing but the design of the buildings on lot #48. The multiplex building design, in our opinion, does not fit on lot #48 ecologically per our Community Land Management Plan. The garage lighting in the existing buildings are on 24/7. According to our Community Land Management Plan outdoor lighting can affect plants animals, and even people. These buildings are closer to the homes adjacent to them than the existing multiplex buildings. The light pollution, the continuous garage exhaust fan, and the noise from cars going in and out of the garage and parking lot could cause a nuisance to those of us who live next to it. According to the research provided in the Community Land Management Plan, "behavioral patterns of insects, birds, fish, mammals, and other wildlife are altered in a significant, detrimental ways. For example, nocturnal birds use the moon and stars for navigation during their biannual migrations. When they fly through a brightly lit area, they become disoriented and are susceptible to collisions with over lit structures." Since we are a green and environmentally conscious development, I would assume these factors have to be taken into consideration. The existing multiplex buildings are brightly lit and noisy, but the existing locations are very different from the situation on lot #48. It seems that the Row House style or duplex or triplex would be a better fit in the community of Phase 2. As residents concerned about the integrity of the neighborhood, we hope that you will consider our concerns and look at alternative architecture that will be more suitable for this lot. Thank you. Sincerely, Joanne and Champ Soncrant 107 No. Jefferson Road So Burlington, VT 05403 Phone: 802-363-5891 SYRR"/ATER NOTB: .erMruc[wn[[nu:Nu •[rtr Ac/ � / - � _ � \ \ \ / ^ f----'--_ �— !p I° i y vIli i b ,i STORMWATER ACCESS / I L--• �• 1 n 1 � 4 1 •s \\ s GRAPHIC SCALE SEE SHEET C7.6 F,OR SECTIONS \ \ NIYI�'� [IM•.�SW_Mti IN rrr. •r rww �r.r AC osH S.D. IRELAND COMPANIES 193 INDUSTRIAL AVENUE H9LRSTON, VERNIONToS<95 SOUTH VILLAGE COMMUNITIES, LLC PHASE 11/8 SPEAR STREET SOUTH RURLWrTON, VT LOCATION MAP >� GRAVEL WETLANDS- l SITE PLAN C2.3 Lor i,,�- Term V)iNdC, �wrka m o' WQI� _ U 1 j N nl� jm I 6 i ra u muren �� u�.p D T GARAGE PLAN .neeo�anw��. -- _--�foi u v vravawwvtcoM+xnf.x.ar.momn i.. �j. SOUTH VILLAGE 12-PLEX - BUILDING '7A' waana .vuenw .ots �yi� N o S.D. IRELAND CORP. Robin Jeffers From: Robin Jeffers ?h\� Sent: Wednesday, October 04, 2017 2:47 PM To: 'Marla Keene' Cc: Dave Marshall (dmarshal I@cea-vt.com); Patrick O'Brien Subject: outdoor bike storage Marla, Please confirm the example below, (anchored) will meet the conditions for exterior bike storage. Thanks. Robin Robin Jeffers S D Ireland PO Box 2286 S. Burlington, VT 05407 802-863-6222 Cell: 802-316-6004 robin@sdireland.com Stadium Bike Racks Bike Racks Are Great For Use Around Stadiums, Parks, Athlet U-rail bike rails allow double sided bike storage. Stores bicycles in finish. Unassembled racks are made using 1-6B" diameter x .098 to U-channel base rails for assembly. Base rails allow freestanding, (mounting hardware not included). All -Welded Racks are made of pipe for strength that lasts. Heavyweight, freestanding steel to elimi 1 E PRIMMER PIPER EGGLESTON CRAMER PC 30 Main Street, Suite 500 1 P.O. Box 1489 1 Burlington, VT 05402-1489 October 6, 2017 VIA E-MAIL AND U.S. FIRST CLASS MAIL Mr. Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: South Village Dear Ray: JON T. ANDERSON ADMITTED IN VT janderson@primmer.com TEL:802-864-0880 FAX: 802-864-0328 I write to let you know that Skip and Denise Vallee may request some changes to the South Village Land Maintenance Plan. I am sending this letter now so that you and the DRB will be aware of this possibly open issue. I am hopeful that the parties can agree on a mutually acceptable proposal for the DRB's consideration at the next meeting. Very truly yours, C�,Y1 C�d_&,6, Jon Anderson 11". 0I7 cc: Mr. Patrick O'Brien (via e-mail) 2968548.1 MAINE I NEW HAMPSHIRE I VERMONT I WASHINGTON, D.C. www.primmer.com [Type here] 10/3/2017 Notes Re: Workforce Housing in South Village - Original Master Plan 269 units Bonus to developer 34 market rate units, one for each workforce unit to maximum 334 Definition of affordable/workforce housing in Chittenden County Vt. Median income $63,989 Households earning 60% of median income $38,393 Income to be used for housing 30% of median or $11,518 Current South Village homes easily $400,000 plus 20% down = $320,000 mortgage Mortgage payment — $1,600/mo or—$19,000/yr Annual So Burlington property taxes — $7,500/yr Annual property insurance — $500/yr Total house payment — $27,000/yr Options 1) Significantly reduce the price of each workforce house in the development Requires drastic if not impossible internal and external changes equal to—$150,000 2) Provide extreme subsidies to the potential owners By outside agencies By the developer By the builders By the City of South Burlington 3) Cheapen the look of the community so that a clear distinction is obvious between market rate and affordable/workforce housing units. 4) build out fewer total units, with each workforce unit being more heavily subsidized. As this development has been under construction for over 10 years there have been many challenges and changes to the original Master Plan. Each change has put pressure on the developer to be true to the masterplan while trying to run a profitable business. Also during the same period many of us have bought into the concept as proposed to us about, smaller homes on small footprint lots but more common open space, the farm, and significant conserved land. These features have come to us at no small personal expense in the City of So Burlington. The City of South Burlington has benefited by the significant contributions to the tax base even as total city services have not been required in the development. At this point in the development of South Village the developer and the City of So Burlington need to call the question about affordable housing in the South Village development. The master plan does not say "build 269 units then think about affordable units". Rather it says, "The affordable and workforce units will be integrated into the project housing mix, creating a dynamic community. . ." A member of the DRB was clear during the August 15, 2017 DRB [Type here] meeting in saying that a person observing houses along a street should not be able to distinguish between a workforce and a market rate house. Either: 1) there will be market rate houses integrated in the total development and not kicked down the road again, or 2) the developer will opt to build fewer but more heavily subsidized workforce houses, or 3) the developer will be allowed to ignore the masterplan and all of the promises made to the current homeowners of South Village. For the residents, and particularly the homeowners of South Village, the DRB request for look at the total plan for So Village should be honored before the phase 3 plans are approved. Nick Andrews 358 South Jefferson Rd I Rivers Edge Building Dev. To: Ray Belair Date: 10/3/17 From: Rivers Edge Building Dev LLC Hi Ray, We are writing in regards to the October 3rd DRB hearing for Phase 3 of South Village. We, Rivers Edge Building Development LLC, purchased or are under contract to purchase 47 Townhome Footprints in Phase 2. This purchase was with the understanding that lots 66 and 67 are approved for single family lots and retained lot 48 was planned for a duplex and three Townhome Carriage units. While we have no issues with Phase 35 we request approval for Phase 3 be after a Master Plan for the entire parcel inclusive of any planned changes in Phase 2. This request is based on talks of a change of single family lots 66 and 67 to (1) 12 unit building and retained lot 48 from the previously planned 5 units to (2) 12 unit buildings. With the additional (3) 12-plexes that would make a total of (5) 12-plexes in Phase 2 which we feel is not in keeping with the neighborhood characteristics. If such changes are pursued, we would strongly oppose them, as they would be far different than the project that we bought into and our buyers bought into. Sales in Phase 2 have slowed due to this unknown and it seems reasonable that a Master Plan update be required prior to Phase 3 approval. Sioerely: E ivers Edge Building Dev LLC. J01A)l �0) n� October 2, 2017 Mr. Ray Belair Department of Planning and Zoning 575 Dorset Street So. Burlington, VT 05403 Dear Ray: Attached are additional signatures supporting our letter to you dated September 1, 2017 regarding the proposed multiplex buildings on lot #48 in South Village. Again, I would recommend anyone in a position to grant approvals for future requests from South Village to please visit the site and be familiar with our community. Thank you! Joanne and Champ Soncrant 107 No. Jefferson Road South Burlington, VT 05403 Cell: 802-363-5891 To: So. Burlington Design Review Board From: Joanne Soncrant Date: September 5 2017 Subject: So. Village Community / Master Plan In talking with our neighbors in both Phase 1 and 2, there is a concern regarding the number of multiplex buildings and the locations of future buildings. I have collected signatures from many of the neighbors to demonstrate this is not just the feeling of a few residents. We ask that the DBR consider our concerns, visit our village and the location of the planned multiplex buildings, and re-evaluate what is best for the community as we move forward into the planning of Phase 3 and the completion of So. Village. Thank you. Thank you. Joanne Soncrant �Name (Print)C�-,'(4 a' S .h Cjr- NAA6 f. (A AC To: So. Burlington Design Review Board From: Joanne Soncrnt Date: September 5 2017 Subject: So. Village Community / Master Plan In talking with our neighbors in both Phase I and 2, there is a concern regarding the number of multiplex buildings and. the locations of future buildings. I have collected signatures from many of the neighbors to demonstrate this is not just the feeling of a few residents. We ask that the DBR consider our concerns, visit our village and the location of the planned multiplex buildings, and re-evaluate what is best for the community as we move forward into the planning of Phase 3 and the completion of So. Village. Thank you. Thank you. Joanne Soncrant Name Print). rel., I A-� To: So. Burlington Design Review Board From: Joanne Soncrant Date: September 5 2017 Subject: So. Village Community / Master Plan In talking with our neighbors in both Phase 1 and 2, there is a concern regarding the number of multiplex buildings and the locations of future buildings. I have collected signatures from many of the neighbors to demonstrate this is not just the feeling of a few residents. We ask that the DBR consider our concerns, visit our village and the location of the planned multiplex buildings, and re-evaluate what is best for the community as we move forward into the planning of Phase 3 and the completion of So. Village. Thank you. Thank you. Joanne Soncrant CIVIL E1IGl1lEEMI 1r ASSOCU"VtES. 11 IC4 10 Mansfield View Lane South Burlington, VT 05403 September 27, 2017 Ms. Marla Keene, PE Development Review Planner City of South Burlington Planning & Zoning 575 Dorset Street South Burlington, Vermont 05401 Re: South Village Phase 36, SD-17-18, 1840 Spear Street Preliminary and Final Plat Application Supplemental Information Submittal Dear Ms. Keene: Phone: 802-864-2323 E-Mail: dniarshall@cea-vt.com RECEIVED SEP �' 2j 2017 City of So. Burlington Thank you for sharing the draft of the 9-15-17 staff report for the project. In preparation for the October 3rd hearing, we have summarized the comments from the staff report and have provided responses to each one to assist with the development of the upcoming staff report. 1. The proposed project (Phase 1116) does not appear to meet all of the dimensional standards approved in the Master Plan. In particular, the proposed two-family buildings do not meet the dimensional standards for setbacks, minimum lot size, building coverage or lot coverage. Staff recommends the Board discuss with the applicant their intention to either modify the proposed two-family configurations or request a waiver. As part of the Master Plan approval, triplexes are not subject to site plan approval. The applicant has requested site plan review for the two twelve -unit buildings as part of this application, and has submitted information to allow that review. The intent of the waivers included in the Master Plan approval was to cover single family, duplex and triplex buildings for the project. We understand that a literal interpretation of the "single Family" waivers might only apply to single family homes. The applicant proposes to modify the waiver requests to include the duplex and triplex buildings with the some waivers as the previously authorized single family homes. We have attached the updated waiver request in support of this goal. Ms. Marla Keene, P.E. Page 2 of 8 September 27, 2017 2. The applicant has submitted a copy of its 2014 application for preliminary wastewater allocation. That application was for 52 dwelling units and does not indicate in which phase they were intended to be located. The applicant has not submitted an application for nor received preliminary approval for wastewater or water a►location for Phase IIIB. This criterion is not considered met. This has been corrected with the recent issuance of the sewer allocation for 60 units (Previously submitted in digital form, formally submitted in hardcopy form herein). 3. Staff recommends that the Board also adopt this Condition and that the applicant provide associated legal documents for Phase IIIB. The applicant provided these documents as part of the Final Plat application package. They are reattached in hardcopy form herein. 4. Staff recommends the Board discuss the Fire Chief's recommendations with the applicant to assure clarity on the issues identified and also discuss appropriate conditions to be established. Please let these responses below serve as the basis of any further discussion with the Development Review Board. As copied below, The Fire Chief provided formal comments to staff on September 14, 2017 via email. 1. Fire hydrants must be installed and tested before construction of combustible buildings are started pursuant to NFPA 1 Chapter 18. This is acceptable to the applicant provided that the wording is slightly modified to read ':..before construction of the combustible portions of buildings are started...." This allows foundation work on the buildings to proceed without delay while the water main infrastructure work is being concurrently installed. 2. Minimum hydrant flow shall be based on NFA- NFF formula plus a safety margin of not less than 10%. With the understanding that the NFA-NFF formula is admittedly accurate only up to 1,000 GPM (therefore useful for small commercial buildings or single family homes) the applicant is acceptable to this condition. The NFA-NFF formula does not take into account the normal design flow reductions for sprinklered buildings (the two 12-plex buildings). We have submitted design flows for all of the structures utilizing the Insurance Services Method (recommended for use by the State of Vermont) in applying for the Public Water Supply Permit The available fire flow is 2699 GPM while the largest non-sprinklered building is one of the triplex structures with a required fire flow of 2488 Ms. Marla Keene, P.E. Page 3 of 8 September 27, 2017 GPM. The NFA-NFF formula for the 95 x 55 building with an upper floor exposure and a side yard exposure to another building is 2613 GPM. This falls within the available fire flow for the project. 3. Fire Department access to these phases including temporary turn around shall be installed when construction begins to each phase. This acceptable. 4. All roads shall comply with Fire Department apparatus turning radii (includes mutual aid apparatus). The proposed cul-de-sac serving the two 12-plex buildings comply with the latest geometrics set forth by the City. It is our understanding that the DPW coordinated with the Fire Department in setting these design values. 5. Parking of construction vehicles shall be restricted to one side of the road to maintain Fire Department access during construction. This acceptable. 6. The Project shall comply with NFPA 241 — Safe Guarding buildings under construction, alteration or demolition. This acceptable. 5. Staff recommends the Board require increased cover at the Midland Avenue wetland crossing. This has been revised on Sheet C4.2 (Road and Utility Profile) so as to provide two feet of cover over the top of the box culvert. 6. Staff recommends the Board require the applicant modify the application materials to demonstrate compliance with the Stormwater Sections comments (below). The Stormwater Section has reviewed the "South Village Communities, LLC Phase IIIB" progress plans prepared by Civil Engineering Associates, Inc., dated 4105117 and most recently updated on 911117. We would like to offer the following comments: 1. This project is located in the Munroe Brook and watershed. This watershed is listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). Acknowledged. 2. In the maintenance plan provided for the proposed Storm water treatment practices it is noted that "During construction, no runoff shall be discharged to the BMPs prior to stabilization to eliminate sediment discharge into the system." The applicant should add this note to the plans to ensure that the contractor is aware of this requirement. This has been added to sheets C2.3, C2.4 and C2.5. Ms. Marla Keene, P.E. Page 4 of 8 September 27, 2017 3. The Vermont Storm water Management Manual (VSMM) indicates that a 12' wide maintenance access should be provided in order to facilitate equipment access for maintenance of stormwater treatment practices. Please provide a 12' wide maintenance access on all Stormwater ponds and gravel wetlands to allow for access to foreboys and outlet structures. Dedicated access points from the public rights -of -way have been identified and the berm designs have been modified (or clarified on Sheet C2.5) to provide a full 12' wide usable width. These revisions have been made to sheets C2.3, C2.4 and U.S. a. The applicant indicated in their response to "Please refer to updated Plan Set that will be provided under separate cover for this information." The information has not been provided under separate cover. It is unclear when this information will be provided. The plans sheets are attached with this submittal package. 4. Sheet C2.4 shows a quiet path going over the emergency overflow. Will the emergency overflow be lined with riprap, as is detailed on C6.4? Type 11 riprap may be difficult to walk across. Have any other alternative spillway designs or path locations been considered? a. The applicant indicated in their response that a footbridge will be added over the emergency spillway and noted to "Please refer to updated Plan Set that will be provided under separate cover for this information." The information has not been provided under separate cover. It is unclear when this information will be provided. The emergency spillway is located at grade which means that there will be no proposed riprap or stone fill required or proposed at this location. As such, the quiet path will be crossing a grass lined channel. S. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. Acceptable. Regards, Dave 7. Staff recommends the Board require a raised intersection at the Midland Avenue and Stafford Street four-way intersection to control speed on Midland Avenue. This has been included and called out on Sheet C1.3 with a detail shown on Sheet C7.7. Ms. Marla Keene, P.E. Page 5 of 8 September 27, 2017 8. Staff recommends the Board consider whether the impacts of the sidewalk to the City infrastructure maintenance are warranted. No additional comments beyond those previously submitted are offered. 9. Staff recommends the Board require the applicant modify the plans to comply with the comments on pavement markings. These have been integrated into the plans on SheetsC1.3 (stop bar layout), C7.1, C7.7 and Sheet C8.1. 10. Master Plan condition 18 states that the applicant shall provide $20k of off -site intersection upgrades and traffic calming measures. Staff recommends the Board require the applicant to provide this proposal as part of this application. The Master Plan condition states $20k shall be provided for off -site upgrades to traffic. The applicant has agreed to and understands this condition and is prepared to fund the $20k when it is due. The applicant does not recognize any requirement for the development of a proposal as the condition is for funding, not planning, performing or implementation. The applicant, in meeting with staff reviewed options Public Works may intend to implement, and it appears the budget will meet or exceed Public Works intentions from that meeting. These improvements are required to be developed by the City and approved by the City Council. As a courtesy to the DPW, the applicant prepared a base plan to enable the initiation of discussion on this matter. Consistent with the intent and language in the Master plan approval, the applicant proposes a condition that indicates "The applicant shall make a $20,000 payment to the City of South Burlington prior to the completion of the base course of asphalt paving on Midland Avenue through the Phase 111 portions of the project". 11. The applicant has provided a set of Design Review Standards. Staff recommends the Board adopt the Design Review Standards as a condition of approval. No Issue. 12. Staff recommends the Board request the applicant provide supplemental information to determine whether the proposed dumpster screening meets the standard. The proposed enclosure details were previously submitted on Sheet C7.1. No additional details are proposed to be submitted. 13. The applicant is required to submit the budget for the single, 2-and 3-family buildings as well as a building construction cost for each building type to demonstrate landscape budget compliance with Table 13-9. The landscaping budgets for each 12-plex building are Ms. Marla Keene, P.E. Page 6 of 8 September 27, 2017 attached as well as an estimate for the street trees. The application form outlines that the construction cost for each 12-plex building is $2,000,000 with a resulting total landscaping budget requirement of $41,000. The two 12-plex estimates exceed the $41,000 requirement. Each building has been broken out for the landscaping escrow if the buildings were constructed at different times. Landscaping is not required for single family homes. Typical Landscape Plans were previously developed for 2- and 3-family buildings by Land - Works, that were approved in Phase 1. These are attached. The applicant asks that these same requirements apply to Phase lll. We have attached the estimated costs for each program. 13A. The applicant has provided E911 addresses on Plan Sheet C1.4 in conformance with E911 addressing standards. Staff considers/does not consider this criterion to be met. The applicant shall revise Sheet C1.4 to comply with the addressing standards set forth by the E911 coordinator. Acceptable. 14. Staff recommends the Board discuss with the applicant the status of implementing the maintenance measures of the Land Management Plan. The status of the implementation of the maintenance measures of Land Management Plan is that restoration work was begun in August 2017. The South Village Communities Stewardship Fund Board have contracted with Habitat Restoration Solutions, LLC to perform the restoration work required. The SVC Bylaws (copy available upon request, also file dint he land records) require that '2 of 1 % of all SVC unit sales are contributed to the South Village Community Stewardship Fund (SVCSF) in perpetuity. The SVCSF was established to fund and implement the Land Management Plan. The SVCSF Board is effectively managing this responsibility. 15. Because the master plan has been amended so that the recreation path is now located along Midland Avenue and not along the southern -most lots in Phase 3, Staff recommends the Board modify the condition so that the recreation path be constructed at the same time as the Midland Avenue connection, which is required by condition 12 of MP-05-02 to begin construction at the issuance of the zoning permit of the 185th market -rate unit and be Ms. Marla Keene, P.E. Page 7 of 8 September 27, 2017 substantially complete at the closing of the 205th market -rate unit or six (6) months, whichever is later. Acceptable. 16. Staff recommends the Board include a condition requiring that Midland Avenue will be connected prior to construction of the first dwelling unit with an address on Midland Avenue for the purposes of emergency services. The applicant proposes to modify this condition in a manner which states that "Not withstanding the requirements set forth in the master Plan, the Midland Avenue through connection to Dorset Farms shall be completed prior to the commencement of construction of the 50"' unit". 17. Staff recommends the Board require the applicant to discuss with the DPW director whether an additional crosswalk is warranted on Midland Avenue. In anticipation that this will be a desirable component of the project, the applicant has depicted a proposed crosswalk on Sheet C1.2 and Sheet C2.2. 18. Staff recommends the Board grant a waiver to reduce the minimum roadway width from 24-feet to 20-feet for the private roadways. Acceptable. Staff also recommends the Board require the applicant to narrow the roadway to 18-feet at the wetland crossing. It may not be prudent to reduce the road width to 18' since the road is designed to be a curbed roadway. The current design of 20' is consistent with earlier discussions and depictions in the master planning and State permitting of the project and requests that the proposed 20 foot width be retained. 19. Staff recommends the Board require an additional street tree along the inside of the curve on Stafford Street to meet the minimum spacing requirement. Acceptable. This is depicted on both Sheet L200 and L201. 20. Staff recommends the Board adopt the Design Review Standards as a condition of this approval. Acceptable. 21. Staff recommends the Board discuss the short- and long-term bicycle parking standards with the applicant to ensure clarity and require the applicant to demonstrate compliance with the standard. The applicant has proposed longterm storage for multiplex buildings Ms. Marla Keene, P.E. Page 8 of 8 September 27, 2017 in compliance with the standard providing vertical storage indicated on the architectural drawings by Rabideau. The applicant will be providing additional storage for each resident of a 12-plex within their individual parking garage space that exceeds the standard. Vertical storage is depicted on the previously submitted architectural basement floor plans. This completes our summary of the action items identified by staff for the application. If you should have any questions, please feel free to contact me at 864-2323 x310. Respectfully, David S. Marshall, P.E. Project Engineer Enclosures: 1 - Revised Civil site plans and details C1.2, C1.3, C1.4, C2.2 C2.3, C2.4, C2.5, C4.2, C7.1, C7.2, C7.6, C7.7, C8.1, L200, L201 (3 full size and 1 11x17, one 11x17 highlighting the changes) 2 — Updated Waiver Request Sheet 3 - Landscaping Estimates (12-Plex Bldgs, Streetscape, Typical Duplex and Tri-Plex Buildings) and Landscaping Typical Plans (L3A, L3B) for 2 and 3 family homes and Electrical Transformers. CC: (all with 11x17 enclosures) R. Jeffers, CEA File 01243.14 PAautocadd projects\2001\01243.14 Phase 3\3-Permitting-PHASE 3B\1-Local Applications\3-Final\Keene Status Letter.doc South Village Phase III Waiver Summary Section Title Description & Reason 9.07 Dimensional Standards - In the Southeast quadrant District, all requirements of Article XXV governing lot size, density, frontage, and setbacks shall apply. The request is to waive the following requirements: Appendix Table C-2 Dimensional Standards - The following waivers are requested to allow greater interaction between the proposed buildings in support of enhancing the fabric of the neighborhood. A. Single Family Minimum Lot Size from 12,000 SF to 3,920 SF. B. Single Family Max. Bldg Coverage from 15% to 42%. To 50% in MP-09-01 C. Single Family Max. Lot Coverage from 30% to 61 %. To 70% in MP-09-01 D. Single Family Front Yard Setback from 20' to 10' (5' for certain lots). E. Single Family Rear Yard Setback from 30' to 10' (5' for rear lanes). F. Single Family Side Yard Setback from 10' to 5'. F. Multi -Family Max. Bldg Coverage from 15% to 50%. To 50% in MP-09-01 G. Multi -Family Max. Lot Coverage from 30% to 65%. To 70% in MP-09-01 Multi -Family Max. Lot Coverage from 65% to 75% for Lot 4A L Multi -Family Front Yard Setback from 20' to 10'. J. Multi -Family Rear Yard Setback from 30' to 5'. K. Multi -Family Rear Side Yard Setback from 20' to 5'. Front Yard Setback - In support of bringing the front porches of the Traditional Neighborhood Design closer to the sidewalk, the front yard setback on public streets is proposed to be revised from 10 feet to five (5) feet for non -weatherized front porches. Proposed Language "All duplexes and triplexes are to be treated as approved, subdivided parcels with the constructed common wall as the property line, thence extending along this line to the perimeter property lines. Side yard setbacks along these common wall property lines and associated extensions are hereby waived. These post construction plats will be reviewed and approved administratively." In order to facilitate future modifications proposed by individual unit owners such as, but not limited to, deck expansions or utility pad placement it is proposed that the following language be added to the Phase III and/or Master Plan Permit. The building coverage for the individual lots shall not exceed 50% and the overall building coverage for the combined duplex or triplex lot shall not exceed 60%. Waivers A through F from the Master Plan approval shall also apply to duplex and triplex buildings in Phase Ill. South Village Phase III Waiver Summary Section Title Description & Reason 9.07 Dimensional Standards - In the Southeast quadrant District, all requirements of Article XXV governing lot size, density, frontage, and setbacks shall apply. The request is to waive the following requirements: Appendix Table C-2 Dimensional Standards - The following waivers are requested to allow greater interaction between the proposed buildings in support cif enhancing the fabric of the neighborhood. A. Single Family Minimum Lot Size from 12,000 SF to 3,920 SF. B. Single Family Max. Bldg Coverage from 15% to 42%. To 50% in MP-09-01 C. Single Family Max. Lot Coverage from 30% to 61%. To 70% in MP-09-01 D. Single Family Front Yard Setback from 20' to 10' (5' for certain lots). E. Single Family Rear Yard Setback from 30' to 10' (5' for rear lanes). F. Single Family Side Yard Setback from 10' to 5'. F. Multi -Family Max. Bldg Coverage from 15% to 50%. To 50% in MP-09-01 G. Multi -Family Max. Lot Coverage from 30% to 65%. To 70% in MP-09-01 Multi -Family Max. Lot Coverage from 65 % to 75 % for Lot 4A I. Multi -Family Front Yard Setback from 20' to 10'. J. Multi -Family Rear Yard Setback from 30' to 5'. K. Multi -Family Rear Side Yard Setback from 20' to 5'. Front Yard Setback - In support of bringing the front porches of the Traditional Neighborhood Design closer to the sidewalk, the front yard setback on public streets is proposed to be revised from 10 feet to five (5) feet for non -weatherized front porches. Proposed Language "All duplexes and triplexes are to be treated as approved, subdivided parcels with the constructed common wall as the property line, thence extending along this line to the perimeter property lines. Side yard setbacks along these common wall property lines and associated extensions are hereby waived. These post construction plats will be reviewed and approved administratively." In order to facilitate future modifications proposed by individual unit owners such as, but not limited to, deck expansions or utility pad placement it is proposed that the following language be added to the Phase I II and/or Master Plan Permit. The building coverage for the individual lots shall not exceed 50% and the overall building coverage for the combined duplex or triplex lot shall not exceed 60%. Waivers A through F from the Master Plan approval shall also apply to duplex and triplex buildings in Phase M. South Village Phase III Planting Plan Prepared by T.J. Boyle Associates, LLC 12 Plex A Plant Schedule Trnn¢ August 2017 Qty. Code Scientific Name Common Name Size Spec Remarks Notes Unit Price Installed 1 ASL ACER saccharum'Legacy' Legacy Sugar Maple 3.5" cal. B&B $ 400.00 $ 1,040.00 3 BNH BETULA nigra 'Heritage' Heritage River Birch 10-12' Ht. B&B multistem, 34 stems $ 250.00 $ 1,950.00 5 CO CELTIS occidentalis Common Hackberry 1-3/4" B&B native $ 144.00 $ 1,872.00 9 PG PICEA glauca White Spruce 10' Ht. B&B $ 276.00 $ 6,458.40 Sub -Total $ 11,320.40 Qhr h. Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 3 CV CHIONANTHUS vir inicus White Frin etree 4' Ht #5 Cont. $ 55.00 $ 429.00 7 CAIH CORNUS albs' Ivory Halo' Ivory Halo Dogwood 24" Ht. B&B $ 25.00 $ 455.00 8 HAIR HYDRANGEA arborescens 'Invinciball Ruby' Invinciball Rugy Hydrangea 18" Ht. #3 Cont. $ 25.00 $ 520.00 13 JCSG JUNIPERUS chinensis'Sea Green' Sean GreenJuniper 18" Ht. #3 Cont. $ 16.25 $ 549.25 34 PTN POTENTILLA tridentata 'Nuuk' Nuuk Potentilla Clump 8" Squat Cont. 12" o.c. $ 5.25 $ 464.10 7 RA RIBES alpinum Alpine Currant 18" Ht. B&B $ 20.00 $ 364.00 40 RAGM RIBES alpinum'Green Mound' Green Mound Alpine Currant 15" Ht. #3 Cont. $ 21.00 $ 2,184.00 6 SBT SPIRAEA betulifolia 'Tor' Tor Spiraea 18" #3 Cont. $ 21.00 $ 327.60 3 SA SYMPHORICARPOS albus Common Snowberry 30" Ht. B&B $ 25.00 $ 195.00 13 SxCH SYMPHORICARPOS x Chenaultii 'Hancock' Prostrate Chenault Coralberry Clump #1 Cont. $ 8.00 $ 270.40 4 TMG TAXUS media 'Greenwave' Greenwave Spreading Yew 18" Ht. B&B $ 38.00 $ 395.20 Sub -Total $ 6,153.55 Parannials P. Forns Qty, Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 18 HH HOSTA'Halcyon' Halcyon Hosa Clump #1 Cont. 15" o.c. $ 6.15 $ 276.75 25 HMAB Heuchera macroorhiza'Autumn Bride' Autumn Bride Coral Bells Clump #1 Cont. 18" o.c. $ 8.00 $ 500.00 21 ISM IRIS sibirica 'Blue Moon' Blue Moon Iris Clump #1 Cont. 18" o.c. $ 6.15 $ 322.88 Sub -Total $ 1,099.63 nr..�.,,en•�i rar���e� Qty. I Code Scientific Name Common Name Size Spec Remarks Notes =wholesale installed 5 1 SS ISCHIZACHYRIUM scoparium Little Bluestem Clump #2 Cont. I no cultivars, 24" O.C. I $ 7.50 1 $ 93.75 Sub - Iota) $ 93.fb TOTAL (NOT INCLUDING PERENNIALS AND GRASSES): $ 17,474 (Page 1 of 1) South Village Phase III Planting Plan Prepared by T.J. Boyle Associates, LLC 12 Plex B Plant Schedule Trees August 2017 Qty. Code Scientific Name Common Name Size Spec Remarks Notes Unit Price Installed 1 ASL ACER saccharum 'Legacy' Legacy Sugar Maple 3.5" cal. B&B $ 400.00 $ 1,040.00 1 MLM MAGNOLIA loebneri 'Merrill' Merrill Magnolia 7' Ht. B&B $ 110.00 $ 286.00 17 PG PICEA glauca White Spruce 10' Ht. B&B $ 276.00 $ 12,199.20 4 PSP PRUNUS sargentii 'Pink Flair' Pink Flair Sargent Cherry 3.5" Cal. B&B $ 375.00 $ 3,900.00 Sub -Total $ 17,425.20 Chnjhc Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 3 CV CHIONANTHUS virginicus White Fringetree 4' Ht #5 Cont. $ 55.00 $ 429.00 4 CAIH CORNUS alba' Ivory Halo' Ivory Halo Dogwood 24" Ht. B&B $ 25.00 $ 260.00 23 HAIR HYDRANGEA arborescens 'I nvinci ball Ruby' Invinciball Rugy Hydrangea 18" Ht. #3 Cont. $ 25.00 $ 1,495.00 22 JCSG JUNIPERUS chinensis'Sea Green' Sean GreenJuniper 18" Ht. #3 Cont. $ 16.25 $ 929.50 48 PTN POTENTILLA tridentata 'Nuuk' Nuuk Potentilla Clump 8" Squat Cont. 12" o.c. $ 5.25 $ 655.20 2 RA RIBES alpinum Alpine Currant 18" Ht. B&B $ 20.00 $ 104.00 24 RAGM RIBES alpinum'Green Mound' Green Mound Alpine Currant 15" Ht. #3 Cont. $ 21.00 $ 1,310.40 9 SBT SPIRAEA betulifolia 'Tor' Tor Spiraea 18" #3 Cont. $ 21.00 $ 491.40 7 SA SYMPHORICARPOS albus Common Snowberry 30" Ht. B&B $ 25.00 $ 455.00 20 SxCH SYMPHORICARPOS x Chenaultii 'Hancock' Prostrate Chenault Coralberry Clump #1 Cont. $ 8.00 $ 416.00 4 TMG TAXUS media 'Greenwave' Greenwave Spreading Yew 18" Ht. B&B $ 38.00 $ 395.20 Sub -Total $ 6,940.70 Perennials & Ferns Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 20 HH HOSTA'Halcyon' Halcyon Hosa Clump #1 Cont. 15" o.c. $ 6.15 $ 307.50 17 HMAB Heuchera macroorhiza 'Autumn Bride' Autumn Bride Coral Bells Clump #1 Cont. 18" o.c. $ 8.00 $ 340.00 29 ISM IRIS sibirica 'Blue Moon' Blue Moon Iris Clump #1 Cont. 18" o.c. $ 6.15 $ 445.88 Sub -Total $ 1,093.38 ()rnaman4al r:raccac Qty. I Code I Scientific Name I Common Name Size Spec Remarks I Notes I wholesale I installed 18 1 SS ISCHIZACHYRIUM scoparium Little Bluestem Clump #2 Cont. no cultivars, 24" $ 7.50 1 $ 337.50 Sub -Total $ 337.50 TOTAL (NOT INCLUDING PERENNIALS AND GRASSES): $ 24,366 (Page 1 of 1) August 2017 South Village Phase III Planting Plan Prepared by T. J. Boyle Associates Planting Schedule Phase 1A Street Trees Qt . Code Scientific Name Common Name Size I Spec Remarks Notes wholesale installed 10 1 LID ILARIXdecidua I European Larch 2-1/2" cal. I B&B $ 300.00 $ 7,500.00 sub -total: $ 7,500.00 Phase 16 Street Trees Qty. Code Scientific Name Common Name Size Sec Remarks Notes wholesale installed 16 AxFC ACER x freemanii 'Celebration' Celebration Maple 2-1/2" cal. B&B $ 350.00 $ 14,000.00 13 GTH GLEDITSIA tricanthos'Halka' Halka Hone locust 2-1/2" cal. B&B $ 250.00 $ 8,125.00 5 PCCS PYRUS calle ana 'Cleveland Select' Cleveland Select Pear 2-1/2" cal. B&B $ 295.00 $ 3,687.50 1 PS PRUNUS sar entii Sargent Cher 2-1/2" cal. B&B $ 230.00 $ 575.00 16 UA 1 ULMUS japonica x wilsoniana 'Accolade' jAccolade Elm 2-1/2" cal. B&B $ 220.00 $ 8,800.00 14 I ZS JZELKOVA serrata'Green Vase' I Green Vase Zelkova 2-1/2" cal. I B&B $ 230.00 $ 8,050.00 Sub -total: $ 43,Z37.50 Phase 2 Street Trees Qty. Code Scientific Name Common Name Size Sec Remarks Notes wholesale installed 9 AxFS ACER x freemanii 'Sienna' Sienna Glen Maple 2-1/2" cal. B&B $ 350.00 $ 7,875.00 9 AGR AMELANCHIER x grandiflora 'Robin Hill' Robin Hill Serviceber 2" cal. B&B single stem $ 170.00 $ 3,825.00 3 PS PRUNUS sar entii Sargent Cher 2-1/2" cal. B&B $ 230.00 $ 1,725.00 12 UT ULMUS japonica x wilsoniana 'Triumph' Triumph Elm 2-1/2" cal. B&B $ 220.00 $ 6,600.00 14 ZS ZELKOVA serrata 'Green Vase' Green Vase Zelkova 2-1/2" cal. B&B $ 230.00 $ 8,050.00 sub -total: $ 28,075.00 Phase 3 Street Trees Qty. Code I Scientific Name I Common Name Size Spec Remarks Notes wholesale installed 8 GBAG IGINKGO biloba lAutumn Gold Ginkgo 2-1/2" cal. I B&B I 1 1 $ 350.00 1 $ 7,000.00 20 1 GTH GLEDITSIA tricanthos 'Halka' Halka Hone locust 2-1/2" cal. I B&B 1 1$ 250.00 1 $ 12,500.00 sub -total: $ 19,500.00 Total: $ 98,312.50 South Village Phase III Landscaping Summary Remaining (non-streetscape) Landscaping Costs Description Qty. Notes Unit Cost Cost Single Family Home Plantings 22 $ 5,365.00 $ 118,030.00 Duplex Lot Plantings 4 $ 5,870.00 $ 23,480.00 Triplex Plantings 2 $ 7,690.00 $ 15,380.00 Total Off-street Planting $ 156,890.00 (Not including multi -family Buldings) Single Family Home Lot Plant Schedule Botanical Name Common Name Size Qty. Notes Unit Cost Cost Deciduous Trees Pyrus communis Pear Trees 2-2.5" cal. 2 B&B $ 500.00 $ 1,000.00 Evergreen Trees Pinus Resinosa Red Pine Tree 8-10' 1 B&B $ 425.00 $ 425.00 Hedge/border Materials Woodwardi Arborvitae Arborvitae 3'-4' 49 B&B $ 40.00 $ 1,960.00 Border Plantings Leatherwood 3'4 18 B&B $ 60.00 $ 1,080.00 Ground Cover Materials Comptonia Peregrina Sweet Fern 1 Gal Container 90 $ 10.00 $ 900.00 Total $ 5,365.00 Duplex Lot Plant Schedule (two units) Botanical Name Common Name Size Qty. Notes Unit Cost Cost Deciduous Trees Pyrus communis Pear Trees 2-2.5" cal. 1 B&B $ 500.00 $ 500.00 Acer sacharunum Silver Maple Tree 2-2.5" cal. 1 B&B $ 500.00 $ 500.00 Malus coronaria Sweet Crabapple Tree 2-2.5" cal. 2 B&B $ 500.00 $ 1,000.00 Evergreen Trees Picea glauca White Spruce Trees 8-10' 2 B&B $ 425.00 $ 850.00 Hedge/border Materials Speria Japonica Spirea 1 Gal Container 11 $ 40.00 $ 440.00 Border Plantings Leatherwood 3'4' 18 B&B $ 60.00 $ 1,080.00 Ground Cover Materials Mixed Perennial Garden Potted 100 $ 10.00 $ 1,000.00 Mixed Wildflower Garden Bed Seed 500 SF $ 1.00 $ 500.00 Total $ 5,870.00 Triplex Lot Plant Schedule (three units) Botanical Name Common Name Size Qty. Notes Unit Cost Cost Deciduous Trees Amelanchier Arborea Downy Serviceberry 2-2.5" cal. 6 B&B $ 400.00 $ 2,400.00 Evergreen Trees Picea glauca White Spruce Trees 8-10' 2 B&B $ 425.00 $ 850.00 Hedge/border Materials Woodwardi Arborvitae Arborvitae 3'-4' 31 B&B $ 40.00 $ 1,240.00 Speria Japonica Spirea 1 Gal Container 19 $ 40.00 $ 760.00 Border Plantings Leatherwood 3'-4' 9 B&B $ 60.00 $ 540.00 Ground Cover Materials Mixed Perennial Garden Potted 100 EA $ 10.00 $ 1,000.00 Comptonia Peregrina Sweet Fern 1 Gal Container 90 $ 10.00 $ 900.00 Total $ 7,690.00 LanMorks Landscape Plan Narrative Typical Planting Plan m .. Ngsl Cemporimle �' �n�•' iwA•Wr.r�.erw� .. X x DR _x _ '^" TMBbeet T. PYr w IbrmE , X SOUTH VILLAGE COMMUNITIES, LLC. 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I •�• ' j Ird�yM•'i•i et, .i.�r.r"'..:r`•Le�.:�1' ± Typ,el r.w ryR -.. ...}P- 'S 14% r LOCATION MAP — DESIGN _ Eae ,•-,o GUIDELINES a,- JULr, 2004 z L-3a N(@ ,,T,,D 01343 Landscape Plan Narrative Tyry--ft. TNn 8bwl Tw Pln ,fw...4:. a.nw� tir•..-.rum+~ �wewr��e w.~•�rlr InJMUW Lpt La,Eneeq PNnn �wAh�wr�l� .r,r rv.y.irarr+ri.4��+�w. SncH M Iryp.l �rr,A��i w�rnwr �.�wLrw� Ta ��W.pwawl�ry,..� P.-; — , —Op6 --well ScreeNng h dge —9 Fp �9RNE eee.OYP.I oa DR SOUTH VILLAGE COMMUNITIES, LLC. gAAMTK�ARO!lECL LOOP4Y RM]c5 KLSS Nas+wLc TM avA Ew�AER CRY. FNGMFRWG ASSOCW rEs ,R,rrr EwnuA IND FAGW(ERWG 0.S1II. nII UMSCALE ARfIKii('r LAN0. WWK� ICOtEAM . FMNPoN.IFMAI MIMW ApP 0 ECOEOGKALSERMES ^u'cA4 wt 5OVILL.AC:P SPEAR STREET AND ALLEN ROAD SLMH BURLINGTON. W LOCATION MAP DESIGN GUIDELINES DULY. 200a r N� AS ININCATED L-3b 01243 (3) Taxus x media Taun_toniP - 24" - 3U" h. Taunton Yew _ — 9iPanicum vlrgatum'Sh6nandoah' -_2 gal. Switch Grass �— _ A(4) Aronia melanoca"' tumn Magic' - 24" _W h. Autumn Magic Black Chckeberry — Single Phase Transformer, Typical I` Telephone + Cable Pedestals, T I i TYPICAL UTILITY See: '" -19-17" LandWorks Middlebury, SCREENING PLAN SOUTH VILLAGE Date: January14,2008 dMaple$4Mw82 FOR TRANSFORMER, TELEPHONE, AND CABLE y. Middlebury. Vermont SOUTH BURLINGTON VERMONT Drawn b PO wow ksl csvLc m m PEDESTALS LOCATED BETWEEN HOUSES Checked by. DR www. ando om ij September 16, 2017 Mr. Ray Belair Department of Planning and Zoning 575 Dorset Street So. Burlington, VT 05403 Dear Mr. Belair: RECEIVED SEP 15 2017 City of So. Surlingtom Please find attached an addendum to my letter dated September 1St regarding the proposed plan at So. Village to build multiplex buildings on Lot #48. I have collected signatures from neighbors in Phase 1 and 2 demonstrating that we are all very passionate about our community and feel the proposed plan to build 2 multiplex buildings on Lot #48 is not appropriate. This is not just the feeling of a few people. We would all very much like to encourage you and the board to physically visit our neighborhood and walk around all three phases as the planning and request for approvals begin for Phase 3. We believe there are other locations where the multiplex building would fit, but not where they are currently planned on lot #48. Thank you for your time and consideration. Sincerely, Joanne Soncrant 107 No. Jefferson Road So. Burlington, VT 05403 cell: 802-363-5801 To: So. Burlington Design Review Board From: Joanne Soncrant Date: September 5 2017 Subject: So. Village Community MW In talking with our neighbors in both Phase 1 and 2, there is a concern regarding the number of multiplex buildings and the locations of future buildings. I have collected signatures from many of the neighbors to demonstrate this is not just the feeling of a few residents. We ask that the DBR consider our concerns, visit our village and the location of the planned multiplex buildings, and re-evaluate what is best for the community as we move forward into the planning of Phase 3 and the completion of South Village. Thank you. Thank you. i` Joanne Soncrant To: So. Burlington Design Review Board From: Joanne Soncrant Date: September 5 2017 Subject: So. Village Community In talking with our neighbors in both Phase 1 and 2, there is a concern regarding the number of multiplex buildings and the locations of future buildings. I have collected signatures from many of the neighbors to demonstrate this is not just the feeling of a few residents. We ask that the DBR consider our concerns, visit our village and the location of the planned multiplex buildings, and re-evaluate what is best for the community as we move forward into the planning of Phase 3 and the completion of South Village. Thank you. Thank you. Joanne Soncrant Affle-P CO (101 11 iZtnCvi6a From: X B jkboyd08@)gmail.com Subject: Re: Letter to the DRB regarding the Master Plan Date: September 8, 2017 at 7:11 PM To: Joanne Soncrant joanne.soncrant@)gmail.com Hi Joanne, Thanks for chatting the other day and sharing the letter. I support this letter as written and wish my name to be added in support. In particular I think a wholistic look at the master plan is in order at this time. Regards, Judy Boyd 380 S. Jefferson Rd. On Sep 8, 2017, at 5:58 PM, Joanne Soncrant <joanne.soncrant@gmail.com> wrote: Hi Judy. This is the letter I mentioned to you. I sent this to Ray Belair because we are concerned about the proposed plan for the multiplex on the farm land behind our house, lot 48. 1 am collecting signatures from neighbors who support us. When I was at city hall today it sounds like they will only review Phase 3. The process seems backwards. They keep going to the DRB and make changes and the residents are totally unprepared for what decisions are being made. Ugh. I don't understand why they are not reviewing the master plan??? <SV DRB Letter for Phase 2 REV 3.docx> September 1, 2018 Mr. Ray Belair Department of Planning and Zoning 595 Dorset Street So. Burlington, VT 05403 Dear Mr. Belair: My name is Joanne Soncrant and I live at 107 No. Jefferson Road, So Burlington in South Village. I was in attendance at the most recent DRB meeting and understand that you and the DRB will be reviewing the South Village Master Plan on September 5`h and 19"'. As one of our neighbors requested, we would like the DRB to review the Master Plan before approving the Phase 3 plan. As residents of the development, my husband and I have concerns regarding the location of the multiplex units planned on lot #48, as well as how the affordable housing will be distributed equally in all three phases since nothing has been deemed "affordable" at this point in time. My husband and I built on lot #37 with the knowledge there would be homes on lot #48. However, it was only recently that it came to our attention that two multiplex units were approved for this lot. This lot borders on the farm land and just seems architecturally inappropriate for this space. The other multiplex units sit at the ends of the development and look as if they were planned for those areas. In addition, there are three multiplex units in Phase 1, five multiplex units planned for Phase 2 and two planned for Phase 3. If affordable housing is going to be distributed equally throughout the neighborhoods, the concern is that Phase 2 might be the logical place because of the number of multiplex building designs. It is our understanding, however, that affordable housing cannot have a concentration in any one area. It is also our opinion that these multiplex units will give Phase 2 a more commercial look and feel compared to the "community" feel of Phase 1 which has many different types of single family homes, duplexes, triplexes, etc. Our objection is not about the existence of affordable housing but the design of the buildings on lot #48. The multiplex building design, in our opinion, does not fit on lot #48 ecologically per our Community Land Management Plan. The garage lighting in the existing buildings are on 24/7. According to our Community Land Management Plan outdoor lighting can affect plants animals, and even people. These buildings are closer to the homes adjacent to them than the existing multiplex buildings. The light pollution, the continuous garage exhaust fan, and the noise from cars going in and out of the garage and parking lot could cause a nuisance to those of us who live next to it. According to the research provided in the Community Land Management Plan, "behavioral patterns of insects, birds, fish, mammals, and other wildlife are altered in a significant, detrimental ways. For example, nocturnal birds use the moon and stars for navigation during their biannual migrations. When they fly through a brightly lit area, they become disoriented and are susceptible to collisions with over lit structures." Since we are a green and environmentally conscious development, I would assume these factors have to be taken into consideration. The existing multiplex buildings are brightly lit and noisy, but the existing locations are very different from the situation on lot #48. It seems that the Row House style or duplex or triplex would be a better fit in the community of Phase 2. As residents concerned about the integrity of the neighborhood, we hope that you will consider our concerns and look at alternative architecture that will be more suitable for this lot. Thank you. Sincerely, Joanne and Champ Soncrant 107 N. Jefferson Road S. Burlington, VT 05403 Phone: 802-363-5891 September 13, 2017 Mr. Ray Belair Department of Planning and Zoning 595 Dorset Street So. Burlington, VT 05403 Dear Mr. Belair: uoII'u!ian9 -oS Io AI!O IIOZ � t d3S I am writing in advance of the September 19th DRB meeting with my concerns about the South Village Master Plan. I am a new resident of Phase Two and throughout the building and purchase process, I was given maps that indicated that Village Homes would be built along the farm land across the street. The large maps posted throughout the neighborhood in all three phases also show these homes. Now we are told that two twelve-plexes will be built in that location. This feels wrong on many levels. Firstly, the architectural scale of these buildings does not fit in with the rest of the Phase Two homes. They will change the look and feel of the area as they dominate the landscape. A parking lot is quite different from a driveway and garage. Secondly, the noise and lighting associated with these buildings will be disruptive to the neighbors and to the integrity of the farm. The 24 hour lighting and exhaust fans in the garage as well as the excessive traffic cannot help but change the overall feel of our quiet neighborhood. While the developers may have the right to change the original plans, they do so at the risk of steering away future buyers who will not see the agri-community that was originally envisioned. The farm will be hidden and dwarfed by these large buildings and the sale of future lots in Phase 2 could be in jeopardy. I am quite sure I would not have purchased in this location had I known those buildings were to be constructed. I support the inclusion of affordable housing and would be happy to have such homes bordering the farm. But they should be in scale and in appearance homes that are similar to those around them. This will help in the natural incorporation of affordable housing with no sense that they are Jumped in one place. I believe that the homeowners should have some say when such a major change is planned. I have been part of homeowners' associations in the past and here it seems that little or no input is encouraged from the community members. I can only hope that the DRB will listen to the residents and not approve the start of Phase Three without examining the overall plan and the impact of these large buildings on Phase Two. I thank you for your time and attention. Sincerely, �C Anne Conolly 132 North Jefferson Rd South Burlington, VT 05403 802-495-0796 anne.conollyCCgmail .com L)Q- vv�� �� U-L&J I U,q-,�7., .��. cn✓L corCQ/VYL/--,I Ingo G1c7s� September 11, 2017 Mr. Ray Belair Ms. Marla Keene Department of Planning and Zoning 575 Dorset Street So. Burlington, VT 05403 Dear Mr. Blair and Ms. Keene: R[ECEIVED City of So. SurlinC,-_ As a resident of South Village in South Burlington, I would like to request the DRB review the Master Plan of South Village on September 191h before considering and/or approving the Phase 3 Project. Many changes have taken place in our community and I feel it is imperative that the residents understand what the current and future development plans look like. Thank you for your attention to this matter. Sincerely, Joar?eSoncrant 107 North Jefferson Road So. Burlington, VT 05403 cell: 802-363-5891 PRIMMER PIPER EGGLESTON Q T- CRAMER PC'� � 30 Main Street, Suite 500 1 P.O. Box 1489 1 Burlington, VT 05402-1489 August 10, 2017 Mr. Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: South Village Application to be Heard at August 15, 2017 Hearing Dear Mr. Belair: JON T. ANDERSON ADMITTED IN VT janderson@primmer.com TEL:802-864-0880 FAX: 802-864-0328 This letter expresses a statement of concern on behalf of my clients Rodolphe and Denise Vallee about the above -referenced project. The Vallees want to make sure that the approved project remains consistent with previous approvals. Very truly yours, Jon Anderson JTA/alb cc: Mr. Patrick O'Brien (via e-mail) 2968548.1 MAINE I NEW HAMPSHIRE I VERMONT I WASHINGTON, D.C. www.primmer.com CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 21 st day of July, 20 17, a copy of the foregoing public notice for Pre & Final Plat Ap[type of application] # SD-17-18 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) see attached list Dated at So. Burling[town/city], Vermont, this 21 st day of July , 2017 Printed Name: Amy T. Marks Phone number and email: 8 2-864-232 ,x3 1 My@cea-vt.com Signature: ' Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 Number Street 1720 SPEAR ST 1505 DORSET ST 1575 DORSET ST 1675 DORSET ST 192 CATKIN DR 197 CATKIN DR 31 FLORAL DR 33 FLORAL DR 35 FLORAL DR 37 FLORAL DR Assoc Open Space 4012 SPEAR ST 2003 SPEAR ST 4047 SPEAR ST 2004 SPEAR ST Owner CAROLYN LONG REVOCABLE TRUST TRAMPAS DEMERS NOAH E HYMAN WILLIAM R & GAIL S LANG MAUREEN O'BRIEN SUSAN C BLISS MICHAEL R BOUVIER STANLEY J & CAROLYN R PALLUTTO BRIAN A TERHUNE MERGIM ISUFI DORSET FARMS HOMEOWNERS ASSOCIATION, INC. DANIEL & HUA MARTIN JAMES & PANAGIOTA CARROLL CRAIG & COLLEEN BARTLETT III RODOLPHE & DENISE VALLEE Mailing Address 1720 SPEAR ST S BURLINGTON VT 05403 1505 DORSET ST S BURLINGTON VT 05403 1575 DORSET ST S BURLINGTON VT 05403 1675 DORSET ST S BURLINGTON VT 05403 192 CATKIN DR S BURLINGTON VT 05403 197 CATKIN DR S BURLINGTON VT 05403 31 FLORAL DR S BURLINGTON VT 05403 33 FLORAL ST S BURLINGTON VT 05403 35 FLORAL ST S BURLINGTON VT 05403 37 FLORAL ST S BURLINGTON VT 05403 92 BUTLER DR S BURLINGTON VT 05403 4012 Spear Street Shelburne VT 05482 155 CHESAPEAKE DR SHELBURNE VT 05482 4047 SPEAR ST SHELBURNE VT 05482 1990 SPEAR ST SHELBURNE VT 05482 Submit ads online at www:otherpapersbvt.com; mau misrorm to u }n address below, or email to classifieds@otherpapersbvt.com_ 1 1 Name, address and phone number are re 'ed for residency verification, 1 1 I I Name: 1 Phone Number: 1 1 Address: 1 1 I Advertisement: (50 words or less) 1 I 1 I 1 1 I I I 1 I I The Other Paper, 1340 Williston Road, South Burlington, VT 05403. 1 i %—————————————————————— — — — — — a Saturday, August 5, 9 a.m. — 2 p.m. Mayfair P-1, Neighborhood Garage Sale - , 1 or Shine. AUTO: 2002 SUZUKI AERIO SX, AWD, 5-speed manual, 112K miles, very well maintained, silver, newly inspected, $2,500 OBO. 802-863-0176.(07/20) COMPUTER MONITOR: DELL E Series E1913, 19 inch, 19.0 in. VIS, low mount, widescreen,VGA/DVI, paid just under $150, replaced it with a larger screen, works per- fectly, $20. OBO. 802-864-9321. (07 / 27) -,t I3 t ,n .,1J. _.<..,,......,»n..».<.v,�-,...�-:...m«.+». w»m .mm'ww.,tl 11,11 '�x:r'''° ww 'F'•.....a..,,-..�..dw.,......,_......,R..<....,-,.......-....d.,,,,,»»»,.«„n..»..n...-,.. PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 'rhe South Burlington Development Review Board single family dwelling with an accessory resi- will hold a public hearing in the South Burlington dential unit, 34 Brigham Road. of R 575DorsetStreet South city nA Co erence oom, Burlington, Vermont on Tuesday August 15, 2017 at 4. Preliminary&final plat application#SD-17-18 of SouthVillage Communities, LLC for approval of 7:00 P.M. to consider the following: Phase III of 334 unit planned unit development. 1. Appeal #AO-17-03 of Century Partners, LP and Tliirty Three Mary Street, LLC appealing the is Phase III is to consist of the following: 1) 22 single family dwellings, 2) four (4) two (2) family suance of site plan application #SP-17-29 for the dwellings, 3) two (2) three (3) unit multi -family construction of a58,551 sq. ft. four (4) story mixed- dwelling, and 4) two (2) 12 unit multi -family use building which includes 39 residential units, dwellings, 1840 Spear Street. 146 Market Street. Bill Miller,.. Chair 2. Conditional use application #CU-17-07 of Don South Burlington Development Review Board Welch Architecture to raze existing single family dwelling and construct a new 2-story single fam- Copy of the applications are available for public ily dwelling with an attached garage, 115 Holmes inspection at the South Burlington City Hall. Partici- in the local proceeding is a prerequisite to the Avenue. pation right to take any subsequent appeal. 3. Conditional use application #CU-17-08 ofCush- man Design Group to raze an existing single July 27, 2017 family dwelling and construct a new 2-story _oo©g oo©o©� ogg© 000© ©�0000© 000©o -000 ©000© o©oo©©©©o ©goo ©©000 ©oo©ogo©© OEM �0©© man ©©nn ©�©© MEN anumn KITCHEN ACCESSORY: r. plastic, 12"x15" creative for designs in green, for kitche such as chopping vegetablE 802-658-1636.(7/20) other FF� J. ' �. 11 We're hiring a detz Accountant for ou! Office. Under the c Finance, the Accot accounting-relatec accounting, cash r and accounting -re accounting experic accounting degree Visit shelburnemu and to download application, cover Human Resource PO Box i o Shelburne, VT 052 HOTE Maintei Fr Shelburne Museum is looking for a motivated and highly- Conttn organized professional Human Resources Managerwith a love of the arts. Reporting to the Director, the Human Resources Manager plays a key role in the organization, advising managers and taking a hands-on role in the These are fu development, implementation, and administration of all We offer a C acnart� nf the HR function. includinri talent acquisition, r4oi southburlington PLANNING & ZONING PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing in the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday August 15, 2017 at 7:00 P.M. to consider the following: Conditional use application #CU-17-07 of Don Welch Architecture to raze existing single family dwelling and construct a new 2-story single family dwelling with an attached garage, 115 Holmes Avenue. 2. Conditional use application #CU-17-08 of Cushman Design Group to raze an existing single family dwelling and construct a new 2-story single family dwelling with an accessory residential unit, 34 Brigham Road. 3. Preliminary & final plat application #SD-17-18 of South Village Communities, LLC for approval of Phase III of 334 unit planned unit development. Phase III is to consist of the following: 1) 22 single family dwellings, 2) four (4) two (2) family dwellings, 3) two (2) three (3) unit multi -family dwelling, and 4) two (2) 12 unit multi -family dwellings, 1840 Spear Street. Bill Miller, Chair South Burlington Development Review Board Copy of the applications are available for public inspection at the South Burlington City Hall. Participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. July 27, 2017 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington property owners SUBJECT: Application before the Development Review Board for an abutting property The enclosed Development Review Board public notice or agenda is being sent to you because you have been identified as an abutting landowner to a proposed land development listed on the attachment. The distribution of this information to the abutting landowners is required by state law. You are encouraged to attend and participate in the public hearing as participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. Should you have any questions about the proposal, or wish to view the submittals, please contact the South Burlington Department of Planning & Zoning. They can be reached at (802) 846-4106 or at City of South Burlington, Department of Planning & Zoning, 575 Dorset Street, South Burlington, VT 05403. Approved for Distribution by South Burlington Department of Planning & Zoning r r southburlington PLANNING & ZONING l Permit Number SD- l (office use unk) APPLICATION FOR SUBDIVISION PLAT REVIEW Preliminary & Final PUD Being Requested? X Yes ❑ No All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) South Village Communities, LLC c/o SD Ireland Companies Ms. Robin Jeffers, Project Manager Williston, Vermont 05495 Ph 1-802-863-2946 Email: robin@SDIRELAND.COM Offer of Dedication - 2. LOCATION OF LAST RECORDED DEED (Book and page #) Book 419 Page 454-455 3. APPLICANT (Name, mailing address, phone and fax South Village Communities, LLC c/o SD Ireland Companies Ms. Robin Jeffers, Project Manager Williston, Vermont 05495 Ph 1-802-863-2946 Email: robin@SDIRELAND.COM 4. CONTACT PERSON (Name, mailing address, phone and fax David S. Marshall Civil Engineering Associates,10 Mansfield View Lane, South Burlington, Vermont 05403 Ph 864-2323 x310 F 864-2271 Contact email address: dmarshall@cea-vt.com Subdivision Application Form. Rev. 12-2011 5. PROJECT STREET ADDRESS: 1840 Spear Street (South Village) 6. TAX PARCEL ID # 1640-01840 (South Village) 7. PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): Create a _ lot subdivision supporting 60 units comprised of 22 single family home lots, four (4) duplex lots and two (2) triplex lots and two 12-unit multifamily buildings. Construct 3,500 LF of public roads and 560 LF of private roads withy supporting utility infrastructure. b. Existing Uses on Property (including description and size of each separate use): None c. Proposed Uses on property (include description and size of each new use and existing uses to remain): 60 units comprised of 22 single family home lots, four (4) duplex lots and two (2) triplex lots and two 12-unit multifamily buildings. d. Total building square footage on property (proposed buildings and existing buildings to remain): None existing. Proposed includes: 22 SFH at 2,400 SF each (estimated) = 52,800 SF 4 Duplex at 4,000 SF each (estimated) = 16,000 SF 2 Triplex at 5,400 SF each (estimated) = 10,800 SF 2 Multi -Family at 13,200 SF each = 26,400 SF Total = 106,000 SF Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): 2.5 stories for SFH (some with basements), Duplex and Triplex (some with basements), 2.5 Stories for Multifamily buildings (with underground parking). f. Number of residential units (if applicable, new units and existing units to remain): 60 g. Number of employees (existing and proposed, note office versus non -office employees): Not applicable. h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. Creation of 29 additional residential lots, Public ROW for Midway Avenue, Stafford Street and Douglas Street, Private ROW for Kingsbury Lane and division of pre-existing open space lot into lots 48 and 48A Subdivision Application Form. Rev. 12-2011 8. LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) it. Size of Parcel: * b. Building Coverage: for Lot 107 MFH (lot size = acres or 56,044 SF) Existing: 0 square feet: 0 % Proposed: 17119 square feet 30.5 1 % c. Overall Coverage (building, parking, outside storage, etc): for Lot 107 MFH Existing: 0 square feet: 0 % Proposed: 28268 square feet 50.4 % d. Front Yard Coverage(s) (commercial projects only): Not applicable Existing: * square feet: % Proposed: * square feet % 9. WETLAND INFORMATION a. Are there any wetlands (Class I, II, or III) on the subject property? X Yes ❑ No b. If yes, is the proposed development encroaching into any of these wetlands associated 50' buffers (Yes, consistent with the Master Plan approval and with the most recently issued State Wetlands Permit(attached), The wetlands and 50-foot buffers are shown on the plans. c. If yes, please submit the following with this application: 1. A site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's wetland map (attached). 2. Response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria) (The applicant will rely upon the State Wetland Permit and its Findings of Fact as it relates to these criterion). 10. AREA DISTURBED DURING CONSTRUCTION: No change 11. COST ESTIMATES a. Building (including interior renovations): $ for Multi -family Buildings $2,000,000 each b. Landscaping: $ See Attached breakdown (minimum required for Lot 107 = $41,000 (Please submit itemized list of landscaping proposed) 3 Subdivision Application Form. Rev. 12-2011 �k c. Other site improvements (please list with cost) Parking Lots and utilities $1,900,000. 12. ESTIMATED TRAFFIC a. Average daily traffic for entire property (in and out): No change from Master Plan approval b. A.M. Peak hour for entire property (in and out): No change from Master Plan approval c. P.M. Peak hour for entire property (In and out): No change from Master Plan approval 13. PEAK HOURS OF OPERATION: 8 to 9 Am and 5 to 6 PM 14. PEAK DAYS OF OPERATION: Monday through Friday 15. ESTIMATED PROJECT COMPLETION DATE: 2020 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11 " x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. Subdivision Application Form. Rev. 12-2011 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. L L _,�7rLlt ,1, SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: / I have reviewed this preliminary plat application and find it to be: Incomplete Date .A PRINT NAME The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Subdivision Application Form. Rev. 12-2011 CIVIL s! GU EERI1 Ir= AO'SOCU TES, Mr'k 10 Mansfield View Lane Phone: 802-864-2323 South Burlington, VT 05403 Fax: 802-864-2271 Email: dmarshall@cea-vt.com July 12, 2017 Mr. Ray Belair, Administrative Officer City of South Burlington Planning & Zoning 575 Dorset Street South Burlington, Vermont 05401 Re: South Village Communities, LLC Preliminary Plat Application & Final Plat Application Phase IIIB Dear Mr. Belair: South Village Communities, LLC proposes to construct the third phase of the South Village project situated in the southeast quadrant of the 240 acre property located between the previously approved Phase IIIA bridge project and Dorset Farms. The project proposes to create 60 residential units in 30 buildings with 4,100 LF of public roads and private access drives and associated infrastructure. The project footprint is consistent with the revised Master Plan approval set forth in the Environmental Court Consent Decree. Existing Conditions - The phase III area crosses two unnamed tributaries of Monroe Brook. The western edge of the project borders the eastern limits of nearly built -out Phase I. The eastern limits generally border a large wetland just west of the Dorset Farms residential neighborhood except for a connector road to be constructed along an existing isthmus. The phase III roadways cross two unnamed tributaries of Monroe Brook. The latter being along an aforementioned isthmus and the second being along a route previously approved as part of the Act 250 Master Plan approval. Of the 240 acres of the property, approximately 14.9 acres of the property is proposed to be disturbed as part of this project plus the 1.8 acres associated the previously permitted Phase IIIA bridge construction pooject. The site is comprised of a bedrock ridge line, one glacial deposit of Georgia soils with the remaining portions are historic lake bed deposits. The drainages located on the property are located at the west and east ends of the project area. Class II wetlands are associated with the easterly stream crossing. There are a number of small Class III bv�ld�n s 5momer+Y` o d�rotlS g rvv�ded b►d`AV�ow�� ,cd is p 7e a gt1`e' 6Z w� sods? Mr. Ray Belair Page 2 of 3 July 12, 2017 wetlands located within the project, most of which were authorized to be removed as part of the Act 250 master plan approval. Large portions of the proposed development area are currently in transitional open meadow while approximately'/4 of the proposed development area is wooded. The topographical mapping for the property was developed from aerial photogrammetry which also located a number of trees within the field transitional meadow areas for locational reference. This topographical base mapping was updated with field topographical survey to reflect the as -built conditions of the Phase I water main installation work. Proposed Conditions The design plans depict the proposed street names with the primary difference being that the east -west collector roadway between the mini roundabout in Phase I and Dorset Farms is proposed to be changed to Midland Avenue, consistent with the east - west collector road name within Dorset Farms. Waiver Requests Midland Avenue Wetland Crossing - The master plan approval requires the completion of the east -west collector road across the wetland immediately west of Dorset Farms. As part of the local, State and Federal wetland permitting for the project, the typical road sections and footprint are much narrower at the wetland crossing. The South Burlington Land Development Regulations (SBLDRs) recognize these conditions and provide for a narrower typical roadway section. The proposed plans are consistent with that. The proposed waiver is associated with: 1. The elimination of the requirement for the placement of street trees along the causeway that crosses the wetlands. There are now trees within the wetland limits and the narrow footprint of the causeway .precludes the ready placement of trees along this section of the roadway. 2. In conjunction with the efforts to reduce the footprint impacts on the wetland, the standard recreation path width is proposed to be reduced from 10-feet to 8-feet.. Douglas Street- This street which will serve 24 units in two multifamily buildings is proposed to terminate in a cul-de-sac consistent with the layout depicted in the approved master plan. 1. In support of reducing the amount of impervious area associated with the cul-de- sac at the end of the roadway, the applicant seeks a 17-foot waiver from the 75- foot radius requirements for cul-de-sacs set forth in the SBLDRs.. The applicant also asks that all waivers granted as part of the Master Plan and non -lot specific Phase I and Phase II approvals be carried forward to Phase III. As outlined in the Master Plan approval MP-05-02, all applications consistent with the Master plan approval may omit the Sketch Plan phase of review. As such, the applicant Mr. Ray Belair Page 3 of 3 July 12, 2017 is proposing a concurrent submittal and review of the preliminary plat and final plat applications. This completes our summary of the proposed project. If you should have any questions, please feel free to contact me at 864-2323 x310. Respectfully, id S. Marshall, P.E. Project Engineer Attachments: Application Forms Preliminary Plat Application Fee (Base Fee $513 + [60 units x $50/Unit x 1.5 SEQ Supplementary fee]) _ $5,013 Final Plat Application Fee (Base Fee $513 + {[2 units x $25/Unit + 7 units x $50/Unit + 51 units x $35/Unit] x 1.5 SEQ Supplementary fee])) _ $2,698 1 set of 11" x 17" plans, 3 sets of full size plans State Wetland Permit Landscaping Estimate for two Multi -family buildings Waiver Summary Legals (IOOD, Warrantee Deed, Title Opinion) CD of application materials cc: R. Jeffers (w/ enclosures, 11x17 plans); CEA File 01243.14 (w/ enclosure) PAAutoCADD Projects\2001\01243.14 Phase 3\3-Pennitting\1-Local Applications\2-Pieliminary\Belair - Cover letter.rd 01243-PHASE III LOT COVERAGE LOT NUMBER LOT S.F. BUILDING COVERAGE S.F. LOT COVERAGE S.F. BUILDING COVERAGE TOTAL % LOT COVERAGE TOTAL % 100 SFH 8444.1 3000 3480 35.5% 41.2% 102 SFH 8999.8 3000 3432 33.3% 38.1% 103 SFH 9995.0 3000 3432 30.0% 34.3% 104 SFH 7331.0 3000 3480 40.9% 47.5% 105 SFH 7314.4 3000 3480 41.0% 47.6% 106 SFH 7313.1 3000 3420 41.0% 46.8% 107 MultiFamily 56044.3 17119 28267.9 30.5% 50.4% 108 Duplex 12209.5 3080 4028 25.2% 33.0% 109 Duplex 10379.9 3080 4056 29.7% 39.1% 110 Duplex 10226.2 3080 4169 30.1% 40.8% 111 Triplex 11837.4 4861 6302 41.1% 53.2% 112 Duplex 9961.6 3894 4966 39.1% 49.9% 113 Triplex 11575.5 4861 6294 42.0% 54.4% 114 SFH 7591.2 3000 3276 39.5% 43.2% 115 SFH 7177.0 3000 3276 41.8% 45.6% 116 SFH 7176.5 3000 3276 41.8% 45.6% 117 SFH 7175.2 3000 3276 41.8% 45.7% 118 SFH 7174.9 3000 3276 41.8% 45.7% 119 SFH 7981.2 3000 3265 37.6% 40.9% 120 SFH 7759.7 3000 3265 38.7% 42.1% 121 SFH 7181.2 3000 3396 41.8% 47.3% 122 SFH 7184.0 3000 3396 41.8% 47.3% 123 SFH 7182.7 3000 3324 41.8% 46.3% 124 SFH 7472.8 3000 3372 40.1% 45.1% 125 SFH 7223.7 3000 3384 41.5% 46.8% 126 SFH 7176.5 3000 3432 41.8% 47.8% 127 SFH 7159.3 3000 3432 41.9% 47.9% 128 SFH 7723.1 3000 3432 38.8% 44.4% 129 SFH 7813.9 3000 3432 38.4% 43.9% Allowed 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% 50% 70% South Village Phase III Planting Plan June 2017 Prepared by T.J. Boyle Associates, LLC Planting Schedule Trees Qty. Code Scientific Name Common Name Size Spec Remarks Notes Unit Price Installed 2 ASL ACER saccharum'Legacy' Legacy Sugar Maple 3.5" cal. B&B $ 400.00 $ 2,080.00 3 BNH BETULA nigra'Heritage' Heritage River Birch 10.12' Ht. B&B multistem, 3.4 stems $ 250.00 $ 1.950.00 5 CO CELTIS occidentalis Common Hackbeny 1-314" B&B native $ 144.00 $ 1.872.00 1 MLM MAGNOLIA loebneri'Mernir Merrill Magnolia T Ht. B&B $ 110.00 $ 286.00 26 PG PICEA glauca White Spruce 10' Ht. B&B $ 276.00 $ 18,657.60 3 PSP PRUNUS sargentii'Pink Flair Pink Flair Sargent Cherry 3.5" Cal. B&B $ 375.00 $ 2,925.00 Sub -Total $ 27,770.60 Shrubs Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 6 CV CHIONANTHUS vir Inicus White Frin etree 4' Ht #5 Cont. $ 55.00 $ 858.00 11 CAM CORNUS albs' No Halo' Ivory Halo Dogwood 24" Ht. B&B $ 25.00 $ 715.00 31 HAIR HYDRANGEA arborescens'lnvinciball Ruby Invinciball Rugy Hydrangea 18" Ht. #3 Cont. $ 25.00 $ 2,015.00 35 JCSG JUNIPERUS chinensis'Sea Green' Sean GreenJuniper 18" Ht. #3 Cont. $ 16.25 $ 1,478.75 82 PTN POTENTILLA tridentata'Nuuk' Nuuk Potentilla Clump 8" Squat Cont. 12" o.c. $ 5.25 $ 1,119.30 9 RA RIBES alpinum Alpine Currant 18" Ht. B&B $ 20.00 $ 468.00 67 RAGM RIBES alpinum'Green Mound' lGreen Mound Alpine Currant 15" Ht. #3 Cont. $ 21.00 $ 3,658.20 14 SBT SPIRAEA betulifolia Tor' Tor Spiraea 18" #3 Cont. $ 21.00 $ 764.40 11 SA SYMPHORICARPOS albus Common Snowberry 30' Ht. B&B $ 25.00 $ 715.00 33 SxCH SYMPHORICARPOS x Chenaulbi'Hancock' Prostrate Chenautt Coralbeny Clump #1 Cont. $ B.00 $ 686.40 8 TMG TAXUS media'Greenwave' lGreenwave Spreading Yew 18" Ht. B&B 1 $ 38.00 $ 790.40 Sub -Total $ 13,268.45 Perennials & Ferns Qty. Code Scientific Name Common Name Size Spec Remarks Notes wholesale installed 32 HH HOSTA'Halcyon' Halcyon Hose Clump #1 Cont. 1 15" o.c. $ 6.15 $ 492.00 42 HMAB lHeuchera macroorhiza'Autumn Bride' Autumn Bride Coral Bells Clump #1 Cont. 18" o.c. $ 8.00 $ 840.00 40 ISM I IRIS sibirica'Blue Moon' Blue Moon Iris Clump #1 Cont. 18" o.c. $ 6.15 $ 615.00 Sub -Total $ 1,947.00 Ornamental Grasses Oty, I Code I Scientific Name Common Name Size Spec Remarks Notes wholesale I installed i11 23 1 SS ISCHIZACHYRILIMscoparium Little Bluestem Clump #2 Cont. no cultivars. 24" O.C. I $ 7,50 $ 431.25 Sub -Total $ 431.25 TOTAL (NOT INCLUDING PERENNIALS AND GRASSES): S 41,039.05 (Page 1 of 1) South Village Phase III Waiver Summary Section Title Description & Reason 9.07 Dimensional Standards - In the Southeast quadrant District, all requirements of Article XXV governing lot size, density, frontage, and setbacks shall apply. The request is to waive the following requirements: Appendix Table C-2 Dimensional Standards - The following waivers are requested to allow greater interaction between the proposed buildings in support of enhancing the .fabric of the neighborhood. A. Single Family Minimum Lot Size from 12,000 SF to 3,920 SF. B. Single Family Max. Bldg Coverage from 15% to 42%. To 50% in MP-09-01 C. Single Family Max. Lot Coverage from 30% to 61 %. To 70% in MP-09-01 D. Single Family Front Yard Setback from 20' to 10' (5' for certain lots). E. Single Family Rear Yard Setback from 30' to 10' (5' for rear lanes). F. Single Family Side Yard Setback from 10' to 5'. F. Multi -Family Max. Bldg Coverage from 15% to 50%. To 50% in MP-09-01 G. Multi -Family Max. Lot Coverage from 30% to 65%. To 70% in MP-09-01 Multi -Family Max. Lot Coverage from 65% to 75% for Lot 4A I. Multi -Family Front Yard Setback from 20' to 10'. J. Multi -Family Rear Yard Setback from 30' to 5'. K. Multi -Family Rear Side Yard Setback from 20' to 5'. Front Yard Setback - In support of bringing the front porches of the Traditional Neighborhood Design closer to the sidewalk, the front yard setback on public streets is proposed to be revised from 10 feet to five (5) feet for non -weatherized front porches. Proposed Language "All duplexes and triplexes are to be treated as approved, subdivided parcels with the constructed common wall as the property line, thence extending along this line to the perimeter property lines. Side yard setbacks along these common wall property lines and associated extensions are hereby waived. These post construction plats will be reviewed and approved administratively." In order to facilitate future modifications proposed by individual unit owners such as, but not limited to, deck expansions or utility pad placement it is proposed that the following language be added to the Phase III and/or Master Plan Permit. The building coverage for the individual lots shall not exceed 50% and the overall building coverage for the combined duplex or triplex lot shall not exceed 60%. DOREMUS KANTOR & ZULLO ATTORNEYS AND COUNSELLORS AT LAW HICKOK & BOARDMAN PLACE 346 SHELBURNE ROAD, SUITE 401 P.O. Box 445 BURLINGTON, VERMONT 05402-0445 PETER M. DOREmus STEVEN J. KANTOR JuDmi L. zuLLo BRIAN P. CREECH STEVEN E. Scm NDLER, OF COUNSEL TEL: (802) 863-9603 FAX: (802) 658-5685 www.dkzlegal.com ASHLEYLAROSE,RPB PARALEGAL ATTORNEY'S REPORT AND OPINION ON TITLE RECORD OWNER: South Village Communities, LLC PROPERTY ADDRESS: 1840 Spear Street, South Burlington, Vermont (the "Property") PROPERTY DESCRIPTION: Being a portion of the land and premises conveyed to South Village Communities, LLC by Warranty Deed from Paul R. Calkins dated November 29, 2007, and recorded in Volume 801, Pages 465-466 of the City of South Burlington Land Records, and in Volume 348, Pages 416- 417 of the Town of Shelburne Land Records. That portion of South Village located in the Town of Shelburne is a small triangular parcel of undeveloped land. Being the lands and premises conveyed to Paul R. Calkins by Warranty Deed of Paul R. Calkins, Trustee of the Downing -Calkins Revocable Trust, dated December 2, 1997 and recorded on December 12, 1997 in Volume 419, Page 454 of the City of South Burlington Land Records, and recorded on December 18, 1997 in Volume 210, Page 106 of the Town of Shelburne Land Records, and being more particularly described therein as follows: `Being certain premises consisting of 242 acres, more or less, with the buildings and improvements thereon and the contents therein, located on the easterly side of Spear Street, so-called, and being all of those same lands and premises conveyed to the Grantors herein, Harley D. Downing and Rena E. Calkins, by Warranty Deed of Sand Dunes Realty Corporation dated May 17, 1945 and recorded in Volume 20 at Page 55 of the South Burlington Land Records and also recorded in the Shelburne Land Records and being all of those same lands and premises conveyed to Sand Dunes Realty Corporation by deed of Rachel S. Fuller, Executrix, by deed dated September 17, 1943 and recorded in Volume 18 at Pages 109-111 of the South Burlington Land Records, and in Volume 28 at Pages 557-559 of the Miscellaneous Records of the Town of Shelburne.' "The Grantor herein, Paul R. Calkins, Trustee as aforesaid, hereby warrants that he is the sole Trustee of the aforesaid Revocable Trust, that his appointment as said Trustee has never been revoked, and that his conveyance is being made in accordance with paragraph 2 of the aforesaid Trust Agreement, which provides, in part, as follows: `...Upon the death of the survivor of the Grantors, this Trust shall terminate and the outstanding balance shall be paid, delivered or conveyed over to Paul R. Calkins of Lyndon, Vermont...' "The Grantor herein further warrants and that the said Harley D. Downing died on August 19, 1987 in Burlington, Vermont, and that the said Rena E. Calkins died on September 4, 1996 in St. Johnsbury, Vermont." The land and premises described herein are subject to and have the benefit of all of the easements, rights of way, rights, covenants, conditions, restrictions, permits, approvals, regulations and certificates of occupancy described in the Declaration of Community Association and Covenants, Conditions and Restrictions for South Village dated May 21, 2008 and recorded in Volume 815, Page(s) 384-467 of the City of South Burlington Land Records, including all Exhibits and Plats. EXCEPTING THEREFROM, those units subsequently conveyed by South Village Communities, LLC. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. This report on title to the Property is based upon examination of the Land Records of the City of South Burlington, Vermont (the "Land Records") and the Land Records of Shelburne, Vermont (the "Shelburne Land Records"). This report is addressed solely to matters affecting record title to the above -described lands and premises (hereinafter the "Property"). In providing it, we have assumed that at the time of our examination of title, all documents theretofore delivered to the municipal clerk, have been correctly and completely indexed, and that all oral statements made to us by governmental officials with respect to the status and content of public records were correct and complete. We also have assumed, without independent verification, the genuineness of all signatures, the due authorization of all recorded documents and instruments affecting record title to the property, and the enforceability of all such documents and instruments in accordance with their terms. This opinion and report on the title is furnished in connection with a proposed transfer of wastewater line easements, stormwater management easements, recreation path easement, sidewalk easement, and streets and roads as required by the South Burlington Development Review Board and as shown on a plan entitled "Phase 2 Easement Plan, South Village Communities, LLC, Spear Street, South Burlington" prepared by Civil Engineering Associates, Inc., dated October 13, 2013, last revised October 15, 2014, from South Village Communities, LLC to the City of South Burlington; it is for the sole use of City of South Burlington, and South Village Communities, LLC and is not transferable. 01 Based on such examination and the assumption that the records examined are currently and correctly indexed in the general indices, it is my opinion that, except as set forth below, on the effective date of this report the title of the record owner is a marketable title in fee simple. 1. MUNICIPAL CHARGES: (Unless otherwise indicated, these are based on oral verification by the appropriate municipal officer.) i. Assessed Valuation: The Property is not separately assessed as of the date of this opinion. South Burlington $ 5,000,000.00 (Parcel I.D. No. 1640-01840) Shelburne: $33,000.00 (Tax I.D. No. 2282-000000) ii. Taxes for the Current Fiscal Year: The Property is not separately assessed as of the date of this opinion. South Burlington Property taxes on the Property for the cut -rent fiscal year, July 1, 2014 to June 30, 2015, are $98,994.99 and are due and payable in three equal installments on the 15th of August, November and March. Shelburne Property taxes on the Property for the current fiscal year July 1, 2014 to June 30, 2015 are $572.97 and are due and payable in three equal installments due on the 15th of August, November and March. iii. Delinquent Taxes: None of record. iv. Street, Curb and Sidewalk Assessments: None of record. V. Water Liens: None of record. vi. Electricity Liens: None of record. vii. Sewer Assessments: None of record. viii. Fire District, School District or other Municipal Liens or Assessments: None of record. 2. MORTGAGES: a. Mortgage Deed to Chittenden Trust Company, dated November 29, 2007 and recorded in Volume 801, Page 467 of the Land Records; and in Volume 348, Page 418 of the Town of Shelburne Land Records, as amended by the following: i. Amendment to Mortgage to People's United Bank (successor to Chittenden Bank d/b/a Chittenden Trust Company), dated December 3, 2010 and recorded in Volume 978, Page 297 of the Land Records, and in Volume 381, Page 60 of the Town of Shelburne Land Records. ii. Amendment to Mortgage to People's United Bank, dated November 30, 2012 and recorded in Volume 1123, Page 35 of the Land Records, and recorded in Volume 404, Page 267 of the Shelburne Land Records. iii. Amendment to Mortgage to People's United Bank, dated October 25, 2013 and recorded in Volume 1193, Page 145 of the Land Records, and recorded in Volume 414, Page 404 of the Shelburne Land Records. 3. ATTACHMENTS AND LIENS: None of record during the time period searched. 4. EASEMENTS AND RIGHTS OF WAY: The Property may be subject to following the easements and rights of way for South Village Community: a. Easements and rights granted to Vermont Electric Power Company, Inc. as described in the Findings and Order of the State of Vermont Public Service Board dated December 30, 1976 in the matter Vermont Electric Power Company, Inc. v. Rena E. Calkins and Harley D. Downing, Docket No. 3828, recorded on January 11, 1977 in Volume 131, Page 19 of the City of South Burlington Land Records, and as described in the Supplemental Findings and Order of the Vermont Public Service Board in the said matter dated January 4, 1977 and recorded on January 11, 1977 in Volume 131, Page 31 of the Land Records; b. Easement Deed of Paul R. Calkins to Green Mountain Power Corporation and Verizon Telephone Company dated December 6, 2001 and recorded in Volume 531, Page 267 of the Land Records. record: C. Easements and rights of way shown and depicted on the following plans of i. "Master Plat Plan, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.0, prepared by Civil Engineering Associates, Inc., dated August 2004, last revised August 7, 2007 and recorded in Map Slide 503, page 4 of the Land Records: ii. "Master Plan Phasing, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.1, prepared by Civil Engineering Associates, Inc., dated June 2004, last revised August 7, 2007 and recorded in Map Slide 503, Page 5 of the Land Records; iii. "Master Plan Phasing North, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S1.2, prepared by Civil Engineering Associates, Inc., dated August 2004, last revised August 7, 2007 and recorded in Map Slide 503, Page 6 of the Land Records; iv. "Master Plan Phasing South, South Village, Spear Street and Allen Road, South 2 Burlington, VT," Drawing umber S 1.3, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised August 7, 2007 and recorded in Map Slide 504, page 1 of the Land Records; V. "Master Plan Phasing East, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.4, prepared by Civil Engineering Associates, Inc., dated August 2004, last revised August 7, 2007 and recorded in Map Slide 504, Page 2 of the Land Records; vi. "Phase 1 Subdivision Plat, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.3A, prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised May 16, 2007 and recorded in Map Slide 506, Page 4 of the Land Records; vii. "Phase I Subdivision Plat, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.313, prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised November 14, 2013 and recorded in Map Slide 573, Page 6 of the Land Records. d. Easement Deed granted to Vermont Gas Systems, Inc. by Easement dated January 11, 2008 and recorded in Volume 807, Page 129 of the Land Records. e. Easement to Green Mountain Power Corporation and Verizon New England, Inc. dated December 13, 2008 and recorded in Volume 803, Page 687 of the Land Records. f. Easement to Verizon New England, Inc. by Easement Deed dated March 7, 2008 and recorded in Volume 820, Page 178 of the Land Records. 5. LEASE LAND RENT: None of record during the time period searched. 6. PROTECTIVE COVENANTS; OTHER RESTRICTIONS OF RECORD: a. Development Agreement by and between the City of South Burlington and South Village Communities, LLC dated August 8, 2007 and August 9, 2007 and recorded in Volume 792, Page 69 of the Land Records. b. Irrevocable Offer of Dedication from South Village Communities, LLC to the City of South Burlington dated October 12, 2007 and October 15, 2007 and recorded in Volume 798, Page 240 of the Land Records. C. Development Escrow Agreement by and between the City of South Burlington and South Village Communities, LLC dated December 3, 2007 and recorded in Volume 802, Page 25 of the Land Records. d. Declaration of Community Association and Covenants, Conditions and Restrictions for South Village, a Conservation Community, dated May 9, 2008 and recorded in Volume 815, Page 384 of the Land Records. e. Amended and Restated Irrevocable Offer of Dedication from South Village Communities, LLC to the City of South Burlington dated January 21, 2014 and recorded in Volume 1203, Page 106 of the Land Records. f. Amendment to Development Escrow Agreement by and between the City of South Burlington and South Village Communities, LLC dated June 3, 2014 and recorded in Volume 1218, Page 144 of the Land Records. 7. STATE OF VERMONT ENVIRONMENTAL AND LAND USE REGULATIONS: The Property is subject to, and benefits from, the following State of Vermont Agency of Natural Resources Land Use, Subdivision, and/or Stormwater Discharge Permits of record: a. Land Use Permit No. 4C1160-1 dated August 23, 2007 and recorded in Volume 793, Page 723 of the Land Records, as amended by 4C1160R-1A dated September 3, 2008 and recorded in Volume 825, Page 446 of the Land Records, and recorded in Volume 355, Page 294 (and re -recorded in Volume 355, Page 555) of the Shelburne, as amended by Land Use Permit No. 4C1160R-2, dated August 20, 2008 and recorded in Volume 823, Page 652 of the Land Records, and recorded in Volume 355, Page 59 of the Shelburne Land Records, as amended by Land Use Permit No. 4C1160R-1B dated December 11, 2013 and recorded in Volume 1213, Page 235 of the Land Records, and as may be amended from time to time. b. Wastewater System and Potable Water Supply Permit No. WW-4-2613 dated July 11, 2007 and recorded in Volume 790, Page 340 of the Land Records, as amended by W W 4- 2613-1 dated July 3, 2008 and recorded in Volume 821, Page 20 of the Land Records, as amended by WW-4-2613-2 dated December 10, 2013 and recorded in the Land Records and in Volume 415, Page 100 of the Shelburne Land Records, and as it may be amended from time to time. C. Notice of Issuance of Stormwater Discharge Permit No. 4096-INDS.A by the Vermont Department of Environmental Conservation, dated December 3, 2010 and recorded in Volume 979, Page 173 of the Land Records. d. Notice of Issuance of Stormwater Discharge Permit No. 4096-INDS.AR by the Vermont Department of Environmental Conservation, dated October 8, 2014 and recorded in Volume 1237, Page 64 of the Land Records. e. Authorization of Notice of Intent #4096-9020 under Construction General Permit #3-9020 issued June 25, 2009 by the ANR Watershed Management Division. f. Conditional Use Determination No. 2001-274 dated May 1, 2006 and recorded in Volume 789, Page 286 of the Land Records, and as it may be amended from time to time. g. Public Water System Permit to Construct, Project #C-1688-05.0 WSID #5090, and as it may be amended from time to time. h. Consent Decree and Order of the State of Vermont Environmental Court in the civil action In re: Appeal of Skip & Denise Vallee, Docket Nos. 27-2-06 Vtec, 111-5-06 Vtec, 116-5-06 Vtec, 74-4-05 Vtec and 196-8-06 Vtee, dated January 18, 2007, January 29, 2007 and February 6, 2007. i. State of Vermont Agency of Natural Resources Individual Wetland Permit File #2013-049, dated September 10, 2014 and recorded in Volume 1233, Page 119 of the Land Records. 8. MUNICIPAL LAND USE PERMITS AND APPROVALS: The City of South Burlington has issued a Zoning Compliance Certification, dated October 1 2014, indicating that the City of South Burlington is not aware of any pending zoning enforcement actions against South Village Communities, LLC for 1840 Spear Street in South Burlington. The Property is subject to and benefits from the following, but not limited to the following, City of South Burlington Zoning Permits of record in the Zoning Department: a. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-04-01 dated March 10, 2005. b. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-04-01 dated July 19, 2005. C. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-04-55 dated August 3, 2005. d. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-05-02 dated February 10, 2006. e. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-05-92 dated February 10, 2006. f. Development Review Board Findings of Fact & Decision on Final Plat Application #SD-06-21 dated May 3, 2006. g. Zoning permit No. ZP-07-389 dated November 7, 2007. h. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-07-74 and Final Plat Application #SD-07-75 dated January 9, 2008. i. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-03 and Final Plat Application #SD-08-04 dated March 6, 2008. 7 j. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-08-34 dated May 20, 2008. k. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-08-35 dated May 20, 2008. 1. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-24 and Final Plat Application #SD-08-25 dated May 22, 2008. In. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-08-54 dated July 15, 2008. n. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-43 and Final Plat Application #SD-08-44 dated September 2, 2008. o. Development Review Board Findings of Fact & Decision on Site Plat Application #SP-08-103 dated October 27, 2008. P. Development Review Board Findings of Fact & Decision on Site Plat Application #SP-08-117 dated January 20, 2009. q. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-60 and Final Plan Application #SD-08-61 dated January 20, 2009. r. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-63 and Final Plan Application 4SD-08-64 dated January 20, 2009. S. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-09-01 dated April 21, 2009. t. Development Review Board Findings of Fact & Decision on Final Plan Application #SD-09-17 and 4SD-09-18 dated April 24, 2009. U. Development Review Board Findings of Fact & Decision on Final Plan Application #SD-09-36 dated September 1, 2009. V. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-10-53 dated September 10, 2010. W. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-10-54 dated September 10, 2010. X. Development Review Board Findings of Fact & Decision on Miscellaneous Application #MS-10-08 dated September 21, 2010. Y. Development Review Board Findings of Fact & Decision on Miscellaneous Application #MS-10-09 dated September 21, 2010. Z. Development Review Board Findings of Fact & Decision on Miscellaneous Application #MS-10-10 dated September 21, 2010. aa. Development Review Board Findings of Fact & Decision on Final Plat Application #SD-13-37 dated December 19, 2013. This list of City of South Burlington approvals is in the process of being updated. 9. OBJECTIONS TO TITLE; REMARKS: a. A Notice of Claim was filed by R.M. Vallee and Denise Vallee concerning a Settlement Agreement dated on or about November 28, 2006. The Notice of Claim states that pursuant to the Settlement Agreement, South Village has agreed to provide the Vallees with thirty (30) days prior written notice of any sale of lots in that portion of the property designated as "Phase 3" in the Settlement Agreement or any part of "Phase 3". Said Notice of Claim is dated May 26, 2010 and is recorded in Volume 935, Page 63 of the Land Records. In addition, a Notice with the same information, dated May 27, 2010, is recorded in Volume 935, Page 346 of the Land Records. b. Consent to Company Action by the Members of Spear & Allen, LLC, dated December 21, 2011 and recorded in Volume 1083, Page 110 of the Land Records authorizing sale of Lots and Units in South Village. C. The information in this Certificate pertaining to any delinquent taxes, water or sewer charges, etc., was obtained from the appropriate municipal official or department and is reported as given by such department or official. The undersigned, not having personally examined those records, certifies only to the extent of information that was reported and is not responsible for incorrect information provided by such authorities. d. The State of Vermont has had jurisdiction over wastewater and water supply (WW/WS) systems since September, 1969. This is a complex area of law and regulations changes frequently. Jurisdiction can attach, and a WW/WS permit (permit) may be required, upon the occurrence of any one of eleven (11) specified events. By way of example only, jurisdiction can be triggered when: property is subdivided; a bedroom is added; a potable water supply or wastewater system fails; a wastewater system, a water supply system or a new building is constructed and/or modified. For a complete list of events which may require a permit please ask our office or consult the Rules (http://www.anr.state.vt.us/dec/ww/engserv.htm). Effective l/l/2007 the Agency of Natural Resources amended its Rules to provide that all properties, however constituted, were exempt from compliance with its regulations PROVIDED THAT none of the eleven (11) events for which a permit is required occurs AFTER that date. Because this office does not conduct a physical inspection of the property being purchased and/or financed, we cannot — and do not - opine as to whether or not the property is presently in compliance with Vermont's Wastewater and Water Supply regulations or whether a permit is 0 required at the time of purchase. If you wish to obtain an opinion concerning compliance with the regulations, we recommend that you retain an experienced engineer. We do certify, however, that no recorded notices of violation were found in the land records where the property is located. NOTE: After you own the property, should you elect to undertake any of the specified events, or should your wastewater or water supply system fail, you will most likely require a State permit. If this occurs, we strongly recommend that you consult this office, an experienced engineer or the State of Vermont before proceeding. Further, you should know that any development or change in use to the property could trigger the need for one or more municipal permits. Unless you have specifically informed us of an intended change in use and unless you have specifically asked us for an opinion as to whether or not any change in use to the property requires a municipal permit, we cannot — and do not — offer an opinion as to whether a permit will be required and/or whether a permit will be issued by the municipality. e. Recently, several municipalities in Vermont have rediscovered the existence of old, seemingly abandoned town highways and have attempted to reassert their rights over such roads for the purposes of public use. In some instances, these public roads traverse, sometimes invasively, over privately owned property. In the course of our title search of the Property if any information we discovered in our research has suggested that an old public road possibly traversed or traverses the Property, we have performed reasonably necessary additional research to determine whether such a road did indeed exist on the Property and/or whether it was properly discontinued under Vermont law. If the information in the title search of the Property has not suggested any such suspicions, then we have not undertaken additional research to determine whether any public roads ever existed on the Property and/or were properly discontinued. Extensive amounts of time and resources would be required to complete such research and it is not cost-effective to do so if the title search does not suggest that any public roads exist or once existed. Therefore, we are unable to certify that the Property is not subject to any public roads outside of the period of our title search. f. FLOOD PLAIN INFORMATION: According to Federal Emergency Management Agency Flood Insurance Rate Map No. 500195 0005 B, the Property lies outside the 500-year flood plain in an area known as Zone C, an area of minimal flooding. 10. EXCEPTIONS: This report does not cover, and this opinion is subject to: a. Rights or claims of parties in possession not shown of record; b. Mechanics' or Materialmen's Liens not recorded; C. All applicable statutes, ordinances, and regulations of governmental bodies including use, zoning and building restrictions, imposed by them except as included in paragraph 7, above. d. Any facts which would be disclosed by a physical survey or inspection of the premises; e. Except where indicated, Probate, Bankruptcy and other Court records, and records of birth, death, marriage and divorce; f. Special assessments or liens, if any, not shown of record; 10 g. The boundaries and quantity of land have been reported as found in the land records from deed description and/or maps or surveys, and this Certificate con- tains only what has been found covering the period of the search; h. This Certificate does not include any determination of, nor does it relate to, compliance with or exemption from the provisions of any statute, regulation, or ordinance concerning water resources and pollution, land planning, subdivision, land development, or health regulations and zoning; i. Notice and regulation of Underground Liquid Storage Tanks pursuant to 10 V.S.A., Chapter 59; j. Any right of claim, including but not limited to any right of possession or claim for damages relating to the land, which has or may be asserted of record or not, by or on behalf of any Indian or Indian Tribe. This exception will not be incorporated in any title insurance policy issued in connection with this title opinion; k. The undersigned does not make any representation, or certification, as to whether or not the above -described lands and premises constitute "wetlands" as such may be protected or regulated by Title 10, Vermont Statutes Annotated; 1. Any facts which would render the above property subject to Act 250 jurisdiction under the Vermont Supreme Court ruling set out in: In Re: Eastland, Inc., 151 Vt. 497 (1989); M. Liens and title deficiencies resulting from the subdivision or improvement of land without lawful authority, which liens or title deficiencies are not disclosed by the records that were searched in preparing this Opinion. This report and opinion refer to and apply only so far back as forty years and are effective down to October 21, 2014 at 8:00 a.m. DOREMUS KANTOR & ZULLO By: E1 v 11 DOREMUS KANTOR & ZULLO ATTORNEYS AND COUNSELLORS AT LAW HICKOK & BOARDMAN PLACE 346 SHELBURNE ROAD, SUITE 401 P.O. Box 445 BURLINGTON, VERMONT 05402-0445 PETER M. Dommus STEVEN J. KANTOR JUDITH L. ZULLO BRIAN P. CREECH STEVEN E. SCHINDLER, OF COUNSEL TEL: (802) 863-9603 FAX: (802) 658-5685 www.dkzlegal.com ASHLEY LAROSE, RP®, PARALEGAL ATTORNEY'S REPORT AND OPINION ON TITLE RECORD OWNER: South Village Communities, LLC PROPERTY ADDRESS: 1840 Spear Street, South Burlington, Vermont (the "Property") PROPERTY DESCRIPTION: Being a portion of the land and premises conveyed to South Village Communities, LLC by Warranty Deed from Paul R. Calkins dated November 29, 2007, and recorded in Volume 801, Pages 465-466 of the City of South Burlington Land Records, and in Volume 348, Pages 416- 417 of the Town of Shelburne Land Records. That portion of South Village located in the Town of Shelburne is a small triangular parcel of undeveloped land. Being the lands and premises conveyed to Paul R. Calkins by Warranty Deed of Paul R. Calkins, Trustee of the Downing -Calkins Revocable Trust, dated December 2, 1997 and recorded on December 12, 1997 in Volume 419, Page 454 of the City of South Burlington band Records, and recorded on December 18, 1997 in Volume 210, Page 106 of the Town of Shelburne Land Records, and being more particularly described therein as follows: `Being certain premises consisting of 242 acres, more or less, with the buildings and improvements thereon and the contents therein, located on the easterly side of Spear Street, so-called, and being all of those same lands and premises conveyed to the Grantors herein, Harley D. Downing and Rena E. Calkins, by Warranty Deed of Sand Dunes Realty Corporation dated May 17, 1945 and recorded in Volume 20 at Page 55 of the South Burlington Land Records and also recorded in the Shelburne Land Records and being all of those same lands and premises conveyed to Sand Dunes Realty Corporation by deed of Rachel S. Fuller, Executrix, by deed dated September 17, 1943 and recorded in Volume 18 at Pages 109-111 of the South Burlington Land Records, and in Volume 28 at Pages 557-559 of the Miscellaneous Records of the Town of Shelburne.' "The Grantor herein, Paul R. Calkins, Trustee as aforesaid, hereby warrants that he is the sole Trustee of the aforesaid Revocable Trust, that his appointment as said Trustee has never been revoked, and that his conveyance is being made in accordance with paragraph 2 of the aforesaid Trust Agreement, which provides, in part, as follows: `...Upon the death of the survivor of the Grantors, this Trust shall terminate and the outstanding balance shall be paid, delivered or conveyed over to Paul R. Calkins of Lyndon, Vermont...' "The Grantor herein further warrants and that the said Harley D. Downing died on August 19, 1987 in Burlington, Vermont, and that the said Rena E. Calkins died on September 4, 1996 in St. Johnsbury, Vermont." The land and premises described herein are subject to and have the benefit of all of the easements, rights of way, rights, covenants, conditions, restrictions, permits, approvals, regulations and certificates of occupancy described in the Declaration of Community Association and Covenants, Conditions and Restrictions for South Village dated May 21, 2008 and recorded in Volume 815, Page(s) 384-467 of the City of South Burlington Land Records, including all Exhibits and Plats. EXCEPTING THEREFROM, those units subsequently conveyed by South Village Communities, LLC. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. This report on title to the Property is based upon examination of the Land Records of the City of South Burlington, Vermont (the "Land Records") and the Land Records of Shelburne, Vermont (the "Shelburne Land Records"). This report is addressed solely to matters affecting record title to the above -described lands and premises (hereinafter the "Property"). In providing it, we have assumed that at the time of our examination of title, all documents theretofore delivered to the municipal clerk, have been correctly and completely indexed, and that all oral statements made to us by governmental officials with respect to the status and content of public records were correct and complete. We also have assumed, without independent verification, the genuineness of all signatures, the due authorization of all recorded documents and instruments affecting record title to the property, and the enforceability of all such documents and instruments in accordance with their terms. This opinion and report on the title is furnished in connection with a proposed transfer of wastewater line easements, stormwater management easements, recreation path easement, sidewalk easement, and streets and roads as required by the South Burlington Development Review Board and as shown on a plan entitled "Phase 2 Easement Plan, South Village Communities, LLC, Spear Street, South Burlington" prepared by Civil Engineering Associates, Inc., dated October 13, 2013, last revised October 15, 2014, from South Village Communities, LLC to the City of South Burlington; it is for the sole use of City of South Burlington, and South Village Communities, LLC and is not transferable. Based on such examination and the assumption that the records examined are currently and correctly indexed in the general indices, it is my opinion that, except as set forth below, on the effective date of this report the title of the record owner is a marketable title in fee simple. 1. MUNICIPAL CHARGES: (Unless otherwise indicated, these are based on oral verification by the appropriate municipal officer.) i. Assessed Valuation: The Property is not separately assessed as of the date of this opinion. South Burlington $ 5,000,000.00 (Parcel I.D. No. 1640-01840) Shelburne: $33,000.00 (Tax I.D. No. 2282-000000) ii. Taxes for the Current Fiscal Year: The Property is not separately assessed as of the date of this opinion. South Burlington Property taxes on the Property for the current fiscal year, July 1, 2014 to June 30, 2015, are $98,994.99 and are due and payable in three equal installments on the 150' of August, November and March. Shelburne Property taxes on the Property for the current fiscal year July 1, 2014 to June 30, 2015 are $572.97 and are due and payable in three equal installments due on the 15th of August, November and March. iii. Delinquent Taxes: None of record. iv. Street, Curb and Sidewalk Assessments: None of record. V. Water Liens: None of record. vi. Electricity Liens: None of record. vii. Sewer Assessments: None of record. viii. Fire District, School District or other Municipal Liens or Assessments: None of record. 2. MORTGAGES: a. Mortgage Deed to Chittenden Trust Company, dated November 29, 2007 and recorded in Volume 801, Page 467 of the Land Records; and in Volume 348, Page 418 of the Town of Shelburne Land Records, as amended by the following: i. Amendment to Mortgage to People's United Bank (successor to Chittenden Bank d/b/a Chittenden Trust Company), dated December 3, 2010 and recorded in Volume 978, Page 297 of the Land Records, and in Volume 381, Page 60 of the Town of 3 I Shelburne Land Records. ii. Amendment to Mortgage to People's United Bank, dated November 30, 2012 and recorded in Volume 1123, Page 35 of the Land Records, and recorded in Volume 404, Page 267 of the Shelburne Land Records. iii. Amendment to Mortgage to People's United Bank, dated October 25, 2013 and recorded in Volume 1193, Page 145 of the Land Records, and recorded in Volume 414, Page 404 of the Shelburne Land Records. 3. ATTACHMENTS AND LIENS: None of record during the time period searched. 4. EASEMENTS AND RIGHTS OF WAY: The Property may be subject to following the easements and rights of way for South Village Community: a. Easements and rights granted to Vermont Electric Power Company, Inc. as described in the Findings and Order of the State of Vermont Public Service Board dated December 30, 1976 in the matter Vermont Electric Power Company, Inc. v. Rena E. Calkins and Harley D. Downing, Docket No. 3828, recorded on January 11, 1977 in Volume 131, Page 19 of the City of South Burlington Land Records, and as described in the Supplemental Findings and Order of the Vermont Public Service Board in the said matter dated January 4, 1977 and recorded on January 11, 1977 in Volume 131, Page 31 of the Land Records; b. Easement Deed of Paul R. Calkins to Green Mountain Power Corporation and Verizon Telephone Company dated December 6, 2001. and recorded in Volume 531, Page 267 of the Land Records. record: C. Easements and rights of way shown and depicted on the following plans of i. "Master Plat Plan, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.0, prepared by Civil Engineering Associates, Inc., dated August 2004, last revised August 7, 2007 and recorded in Map Slide 503, page 4 of the Land Records: ii. "Master Plan Phasing, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.1, prepared by Civil Engineering Associates, Inc., dated June 2004, last revised August 7, 2007 and recorded in Map Slide 503, Page 5 of the Land Records; iii. "Master Plan Phasing North, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S1.2, prepared by Civil Engineering Associates, Inc., dated August 2004, last revised August 7, 2007 and recorded in Map Slide 503, Page 6 of the Land Records; iv. "Master Plan Phasing South, South Village, Spear Street and Allen Road, South 4 Burlington, VT," Drawing umber S1.3, prepared by Civil Engineering Associates, Inc., dated August, 2004, last revised August 7, 2007 and recorded in Map Slide 504, page 1 of the Land Records; V. "Master Plan Phasing East, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S 1.4, prepared by Civil Engineering Associates, Inc., dated August 2004, last revised August 7, 2007 and recorded in Map Slide 504, Page 2 of the Land Records; vi. "Phase 1 Subdivision Plat, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S1.3A, prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised May 16, 2007 and recorded in Map Slide 506, Page 4 of the Land Records; vii. "Phase I Subdivision Plat, South Village, Spear Street and Allen Road, South Burlington, VT," Drawing Number S1.313, prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised November 14, 2013 and recorded in Map Slide 573, Page 6 of the Land Records. d. Easement Deed granted to Vermont Gas Systems, Inc. by Easement dated January 11, 2008 and recorded in Volume 807, Page 129 of the Land Records. C. Easement to Green Mountain Power Corporation and Verizon New England, Inc. dated December 13, 2008 and recorded in Volume 803, Page 687 of the Land Records. f. Easement to Verizon New England, Inc. by Easement Deed dated March 7, 2008 and recorded in Volume 820, Page 178 of the Land Records. 5. LEASE LAND RENT: None of record during the time period searched. 6. PROTECTIVE COVENANTS; OTHER RESTRICTIONS OF RECORD: a. Development Agreement by and between the City of South Burlington and South Village Communities, LLC dated August 8, 2007 and August 9, 2007 and recorded in Volume 792, Page 69 of the Land Records. b. Irrevocable Offer of Dedication from South Village Communities, LLC to the City of South Burlington dated October 12, 2007 and October 15, 2007 and recorded in Volume 798, Page 240 of the Land Records. C. Development Escrow Agreement by and between the City of South Burlington and South Village Communities, LLC dated December 3, 2007 and recorded in Volume 802, Page 25 of the Land Records. d. Declaration of Community Association and Covenants, Conditions and Restrictions for South Village, a Conservation Community, dated May 9, 2008 and recorded in Volume 815, Page 384 of the Land Records. e. Amended and Restated Irrevocable Offer of Dedication from South Village Communities, LLC to the City of South Burlington dated January 21, 2014 and recorded in Volume 1203, Page 106 of the Land Records. f. Amendment to Development Escrow Agreement by and between the City of South Burlington and South Village Communities, LLC dated June 3, 2014 and recorded in Volume 1218, Page 144 of the Land Records. 7. STATE OF VERMONT ENVIRONMENTAL AND LAND USE REGULATIONS: The Property is subject to, and benefits from, the following State of Vermont Agency of Natural Resources Land Use, Subdivision, and/or Stormwater Discharge Permits of record: a. Land Use Permit No. 4C 1160-1 dated August 23, 2007 and recorded in Volume 793, Page 723 of the Land Records, as amended by 4C1160R-1A dated September 3, 2008 and recorded in Volume 825, Page 446 of the Land Records, and recorded in Volume 355, Page 294 (and re -recorded in Volume 355, Page 555) of the Shelburne, as amended by Land Use Permit No. 4C1160R-2, dated August 20, 2008 and recorded in Volume 823, Page 652 of the Land Records, and recorded in Volume 355, Page 59 of the Shelburne Land Records, as amended by Land Use Permit No. 4C1160R-1B dated December 11, 2013 and recorded in Volume 1213, Page 235 of the Land Records, and as may be amended from time to time. b. Wastewater System and Potable Water Supply Permit No. WW-4-2613 dated July 11, 2007 and recorded in Volume 790, Page 340 of the Land Records, as amended by WW 4- 2613-1 dated July 3, 2008 and recorded in Volume 821, Page 20 of the Land Records, as amended by WW-4-2613-2 dated December 10, 2013 and recorded in the Land Records and in Volume 415, Page 100 of the Shelburne Land Records, and as it may be amended from time to time. C. Notice of Issuance of Stormwater Discharge Permit No. 4096-INDS.A by the Vermont Department of Environmental Conservation, dated December 3, 2010 and recorded in Volume 979, Page 173 of the Land Records. d. Notice of Issuance of Stormwater Discharge Permit No. 4096-1NDS.AR by the Vermont Department of Environmental Conservation, dated October 8, 2014 and recorded in Volume 1237, Page 64 of the Land Records. e. Authorization of Notice of Intent #4096-9020 under Construction General Permit #3-9020 issued June 25, 2009 by the ANR Watershed Management Division. f. Conditional Use Determination No. 2001-274 dated May 1, 2006 and recorded in Volume 789, Page 286 of the Land Records, and as it may be amended from time to time. g. Public Water System Permit to Construct, Project #C-1688-05.0 WSID #5090, and as it may be amended from time to time. rel h. Consent Decree and Order of the State of Vermont Environmental Court in the civil action In re: Appeal of Skip & Denise Vallee, Docket Nos. 27-2-06 Vtec, 111-5-06 Vtec, 116-5-06 Vtec, 74-4-05 Vtec and 196-8-06 Vtec, dated January 18, 2007, January 29, 2007 and February 6, 2007. i. State of Vermont Agency of Natural Resources Individual Wetland Permit File #2013-049, dated September 10, 2014 and recorded in Volume 1233, Page 119 of the Land Records. 8. MUNICIPAL LAND USE PERMITS AND APPROVALS: The City of South Burlington has issued a Zoning Compliance Certification, dated October 1 2014, indicating that the City of South Burlington is not aware of any pending zoning enforcement actions against South Village Communities, LLC for 1840 Spear Street in South Burlington. The Property is subject to and benefits from the following, but not limited to the following, City of South Burlington Zoning Permits of record in the Zoning Department: a. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-04-01 dated March 10, 2005. b. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-04-01 dated July 19, 2005. C. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-04-55 dated August 3, 2005. d. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-05-02 dated February 10, 2006. C. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-05-92 dated February 10, 2006. f. Development Review Board Findings of Fact & Decision on Final Plat Application #SD-06-21 dated May 3, 2006. g. Zoning permit No. ZP-07-389 dated November 7, 2007. h. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-07-74 and Final Plat Application 4SD-07-75 dated January 9, 2008. i. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-03 and Final Plat Application #SD-08-04 dated March 6, 2008. 7 j. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-08-34 dated May 20, 2008. k. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-08-35 dated May 20, 2008. 1. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-24 and Final Plat Application #SD-08-25 dated May 22, 2008. In. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-08-54 dated July 15, 2008. n. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-43 and Final Plat Application #SD-08-44 dated September 2, 2008. o. Development Review Board Findings of Fact & Decision on Site Plat Application #SP-08-103 dated October 27, 2008. P. Development Review Board Findings of Fact & Decision on Site Plat Application #SP-08-117 dated January 20, 2009. q. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-60 and Final Plan Application #SD-08-61 dated January 20, 2009. r. Development Review Board Findings of Fact & Decision on Preliminary Plat Application #SD-08-63 and Final Plan Application #SD-08-64 dated January 20, 2009. S. Development Review Board Findings of Fact & Decision on Master Plan Application #MP-09-01 dated April 21, 2009. t. Development Review Board Findings of Fact & Decision on Final Plan Application #SD-09-17 and #SD-09-18 dated April 24, 2009. U. Development Review Board Findings of Fact & Decision on Final Plan Application #SD-09-36 dated September 1, 2009. V. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-10-53 dated September 10, 2010. W. Development Review Board Findings of Fact & Decision on Site Plan Application #SP-10-54 dated September 10, 2010. X. Development Review Board Findings of Fact & Decision on Miscellaneous Application #MS-10-08 dated September 21, 2010. Y. Development Review Board Findings of Fact & Decision on Miscellaneous Application #MS-10-09 dated September 21, 2010. Z. Development Review Board Findings of Fact & Decision on Miscellaneous Application #MS-10-10 dated September 21, 2010. aa. Development Review Board Findings of Fact & Decision on Final Plat Application #SD-13-37 dated December 19, 2013. This list of City of South Burlington approvals is in the process of being updated. 9. OBJECTIONS TO TITLE; REMARKS: a. A Notice of Claim was filed by R.M. Vallee and Denise Vallee concerning a Settlement Agreement dated on or about November 28, 2006. The Notice of Claim states that pursuant to the Settlement Agreement, South Village has agreed to provide the Vallees with thirty (30) days prior written notice of any sale of lots in that portion of the property designated as "Phase 3" in the Settlement Agreement or any part of "Phase 3". Said Notice of Claim is dated May 26, 2010 and is recorded in Volume 935, Page 63 of the Land Records. In addition, a Notice with the same information, dated May 27, 2010, is recorded in Volume 935, Page 346 of the Land Records. b. Consent to Company Action by the Members of Spear & Allen, LLC, dated December 21, 2011 and recorded in Volume 1083, Page 110 of the Land Records authorizing sale of Lots and Units in South Village. C. The information in this Certificate pertaining to any delinquent taxes, water or sewer charges, etc., was obtained from the appropriate municipal official or department and is reported as given by such department or official. The undersigned, not having personally examined those records, certifies only to the extent of information that was reported and is not responsible for incorrect information provided by such authorities. d. The State of Vermont has had jurisdiction over wastewater and water supply (W W/WS) systems since September, 1969. This is a complex area of law and regulations changes frequently. Jurisdiction can attach, and a WW/WS permit (permit) may be required, upon the occurrence of any one of eleven (11) specified events. By way of example only, jurisdiction can be triggered when: property is subdivided; a bedroom is added; a potable water supply or wastewater system fails; a wastewater system, a water supply system or a new building is constructed and/or modified. For a complete list of events which may require a permit please ask our office or consult the Rules (http://www.anr.state.vt.us/dec/ww/engserv.htm). Effective l/1/2007 the Agency of Natural Resources amended its Rules to provide that all properties, however constituted, were exempt from compliance with its regulations PROVIDED THAT none of the eleven (11) events for which a permit is required occurs AFTER that date. Because this office does not conduct a physical inspection of the property being purchased and/or financed, we cannot — and do not - opine as to whether or not the property is presently in compliance with Vermont's Wastewater and Water Supply regulations or whether a permit is 6 required at the time of purchase. If you wish to obtain an opinion concerning compliance with the regulations, we recommend that you retain an experienced engineer. We do certify, however, that no recorded notices of violation were found in the land records where the property is located. NOTE: After you own the property, should you elect to undertake any of the specified events, or should your wastewater or water supply system fail, you will most likely require a State permit. If this occurs, we strongly recommend that you consult this office, an experienced engineer or the State of Vermont before proceeding. Further, you should know that any development or change in use to the property could trigger the need for one or more municipal permits. Unless you have specifically informed us of an intended change in use and unless you have specifically asked us for an opinion as to whether or not any change in use to the property requires a municipal permit, we cannot — and do not — offer an opinion as to whether a permit will be required and/or whether a permit will be issued by the municipality. e. Recently, several municipalities in Vermont have rediscovered the existence of old, seemingly abandoned town highways and have attempted to reassert their rights over such roads for the purposes of public use. In some instances, these public roads traverse, sometimes invasively, over privately owned property. In the course of our title search of the Property if any information we discovered in our research has suggested that an old public road possibly traversed or traverses the Property, we have performed reasonably necessary additional research to determine whether such a road did indeed exist on the Property and/or whether it was properly discontinued under Vermont law. If the information in the title search of the Property has not suggested any such suspicions, then we have not undertaken additional research to determine whether any public roads ever existed on the Property and/or were properly discontinued. Extensive amounts of time and resources would be required to complete such research and it is not cost-effective to do so if the title search does not suggest that any public roads exist or once existed. Therefore, we are unable to certify that the Property is not subject to any public roads outside of the period of our title search. f. FLOOD PLAIN INFORMATION: According to Federal Emergency Management Agency Flood Insurance Rate Map No. 500195 0005 B, the Property lies outside the 500-year flood plain in an area known as Zone C, an area of minimal flooding. 10. EXCEPTIONS: This report does not cover, and this opinion is subject to: a. Rights or claims of parties in possession not shown of record; b. Mechanics' or Materialmen's Liens not recorded; C. All applicable statutes, ordinances, and regulations of governmental bodies including use, zoning and building restrictions, imposed by them except as included in paragraph 7, above. d. Any facts which would be disclosed by a physical survey or inspection of the premises; e. Except where indicated, Probate, Bankruptcy and other Court records, and records of birth, death, marriage and divorce; f. Special assessments or liens, if any, not shown of record; 10 g. The boundaries and quantity of land have been reported as found in the land records from deed description and/or maps or surveys, and this Certificate con- tains only what has been found covering the period of the search; h. This Certificate does not include any determination of, nor does it relate to, compliance with or exemption from the provisions of any statute, regulation, or ordinance concerning water resources and pollution, land planning, subdivision, land development, or health regulations and zoning; i. Notice and regulation of Underground Liquid Storage Tanks pursuant to 10 V.S.A., Chapter 59; j. Any right of claim, including but not limited to any right of possession or claim for damages relating to the land, which has or may be asserted of record or not, by or on behalf of any Indian or Indian Tribe. This exception will not be incorporated in any title insurance policy issued in connection with this title opinion; k. The undersigned does not make any representation, or certification, as to whether or not the above -described lands and premises constitute "wetlands" as such may be protected or regulated by Title 10, Vermont Statutes Annotated; 1. Any facts which would render the above property subject to Act 250 jurisdiction under the Vermont Supreme Court ruling set out in: In Re: Eastland, Inc., 151 Vt. 497 (1989); in. Liens and title deficiencies resulting from the subdivision or improvement of land without lawful authority, which liens or title deficiencies are not disclosed by the records that were searched in preparing this Opinion. 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PROJF:,T C011SiJl TAMS: PL MWR/ARCWECT LOONEY RICKS KISS NASHVXLE, TN CN1L ENGINEER CIVIL ENGINEERING ASSOCIA IES SHELHLOWE, VT TRAFFIC FNGAKER TND ENGINEERING OSSIPCE, NH LA7.♦7SC'APE ARCH/TECr LAND -WORKS MI00LEBURY, Vr FNNRO&WNTAL PLAMWNG APPLIED ECOLOGICAL SERVICES AROADHEAO, W1 PROJECT TT-F SOU'CH ull_1.AG1; SPEAR STREET AND ALLEN ROAD SOUTH BURLINGTON, VT i ••• t_yy I I Y r LOCATION MAP t^ i000• DESIGN GUIDELINES iuR �Ma JULY,2004 N AS INDICATED L- 3 b 01243 Landscape Plan Narrative Project Components 7tw.pmp„w.vl lm4eape rien r„r s,„,d, vm,Ae w�u <o�wt� w five be�crvrnryx,ex,ra n51aer1 iwe I7ur. a.l,eti.V e,.w n.e •'�r.Ndbda,IM b d„Meldbw.. end T.eac+bw y)R.rwalJm I:iddJ, wal euad,YJ,vtlb the Mrewlan heel�-eRY1J tll���� �mrnaif and ,elAa�i.ee1 bnv iw,x I,.u.cng �.+nd,nre. 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Typical Planting Plan Groundcovor (lye.) - �}-► � 1 Evergreen divider (Juniper/ Arborvitae sppj -� It ,_ C 1 Typical street light - ► jo _ , f Optional fenced ales Pine --- Massing of Vibumums -- -- Optional fenced area wildflower/perennial garden Red Oak street tree -- -- 1' wide gravel drip edge - - - --- Mix or perennials Spirea -- ---- Optional Slone pads -- - - Cra'Wpple -- -- - Wildflowers/ferns /groundcoverbeds Scale: 1•-10r --- Spruce PLANS f'RL'ARw BY: LanMorks J lLalyd.a. N'ur'.l I, ►\\`vim/ Ma' hL HI Ia50 DG DRY DR APPIJCANT: SOUTH VILLAGE COMMUNITIES, LLC. PROJECT CONSILTANIS PIANACR/ARCHITECT LOONEY RICKS KISS NASHNLLE, IN L7 j ENGINEER CIVIL ENGINEERINGASSOCIATES SHELBLRNE, VT TRAFFIC EAGIAEER I ND ENGINEERING OSSIPEE, NH LANDSCAPE ARCHITECT. LAND -WORKS AtME"Y, Vr ENVIROAMENTAL PLAHAI'N'G APPLIED ECOLOGICAL SERVICES BROADHEAO, K1 PROACT nn F SOU-1H VII.I-AC;E SPEAR STREET AND ALLEN ROAD SOUTH BURLINGTON, VT LOCATION MAP_ DESIGN GUIDELINES JULY, 2004 N� AS INDICATED L-3a 01243 TYPICAL UTILITY , Scale: ,- -'°'-0• LandWorks SCREENING PLAN SOUTH VILLAGE Date: January 14,2oos 228MapleMW32 Middlebury,, Vermont FOR TRANSFORMER, TELEPHONE, AND CABLE Drawn by: PO 802.388.3011 SOUTH BURLINGTON Vf=RMONT www.landworksvt.com PEDESTALS LOCATED BETWEEN HOUSES Checked by: DR r PLANNING & ZONING December 3, 2015 David S. Marshall Civil Engineering Associates 10 Mansfield View Lane South Burlington, VT 05403 Re: Preliminary & Final Plat Approval #SD-15-36, 1840 Spear Street Dear David: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on December 1, 2015 (effective 12-3-15). Please note the conditions of approval, including that the final plat plans must be recorded in the land records (in mylar format) within 180 days (must be submitted to me in time for recording along with a $15 recording fee by May 31, 2016 or this approval is null and void. If you have any questions, please contact me. Sincerel , /Raymond J. Bel it Administrative Officer Encl. CERTIFIED MAIL- RETURN RECEIPT: 7015 0640 0007 8199 3341 575 Dorset Street South Burlington, VT 05403 tel 802.846.41 06 fax 802.846.4101 www.sburi.com POIA A4, southburlington PLANNING & ZONING Permit Number SD- -_ (office use only) APPLICATION FOR SUBDIVISION PLAT REVIEW Gary/Flna PUD Being Requested? X Yes ❑ No All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) South Village Communities, LLC c/o SD Ireland Companies Ms. Robin Jeffers, Project Manager Williston, Vermont 05495 Ph 1-802-863-2946 Email: robin @SDIRELAND.COM Offer of Dedication - 2. LOCATION OF LAST RECORDED DEED (Book and page #) Book 419 Page 454-455 3. APPLICANT (Name, mailing address, phone and fax South Village Communities, LLC c/o SD Ireland Companies Ms. Robin Jeffers, Project Manager Williston, Vermont 05495 Ph 1-802-863-2946 Email: robin@SDIRELAND.COM 4. CONTACT PERSON (Name, mailing address, phone and fax David S. Marshall Civil Engineering Associates, 10 Mansfield View Lane, South Burlington, Vermont 05403 Ph 864-2323 x310 F 864-2271 Contact email address:_dmarshall@cea-vt.com Subdivision Application Form. Rev. 12-2011 5. PROJECT STREET ADDRESS: 1840 Spear Street (South Village) 6. TAX PARCEL ID # (can be obtained at Assessor's Office)1640-01840 (South Village) 7. PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): Construct the first 500 feet of East Jefferson Avenue including the construction of the bridge crossing an unnamed tributary of Monroe Brook. This application will create a new Rights -of -way for the road but will not increase the number of approved units. b. Existing Uses on Property (including description and size of each separate use): None c. Proposed Uses on property (include description and size of each new use and existing uses to remain): None d. Total building square footage on property (proposed buildings and existing buildings to remain): No change from previous approval e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): Not applicable f. Number of residential units (if applicable, new units and existing units to remain): No change g. Number of employees (existing and proposed, note office versus non -office employees): Not applicable. h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. 8. LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a. Size of Parcel: * No change from Phase I Approval b. Building Coverage: Existing: * square feet: * % Proposed: square feet * % c. Overall Coverage (building, parking, outside storage, etc): Existing: 1,108,527 square feet: 11.51 % Proposed: 1,126,307 square feet 11.69 % Subdivision Application Form. Rev. 12-2011 d. Front Yard Coverage(s) (commercial projects only): Existing: square feet: % Proposed: * square feet % *No change from Phase II Approval 9. WETLAND INFORMATION a. Are there any wetlands (Class I, II, or III) on the subject property? X Yes ❑ No b. If yes, is the proposed development encroaching into any of these wetlands associated 50' buffers (Yes, consistent with the Master Plan approval and with the most recently issued State Wetlands Permit(attached), The wetlands and 50-foot buffers are shown on the plans) c. If yes, please submit the following with this application: 1. A site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's wetland map (attached). 2. Response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria) (The applicant will rely upon the State Wetland Permit and its Findings of Fact as it relates to these criterion). 10. AREA DISTURBED DURING CONSTRUCTION: No change 11. COST ESTIMATES a. Building (including interior renovations): $ _Not Applicable b. Landscaping: $ _Not Applicable (Please submit itemized list of landscaping proposed) c. Other site improvements (please list with cost) Parking Lots and utilities Not Applicable 12. ESTIMATED TRAFFIC a. Average daily traffic for entire property (in and out): * No change from previous approval b. A.M. Peak hour for entire property (in and out): * No change from previous approval c. P.M. Peak hour for entire property (In and out): * No change from previous approval 13. PEAK HOURS OF OPERATION: 8 to 9 Am and 5 to 6 PM 14. PEAK DAYS OF OPERATION: Monday through Friday 3 Subdivision Application Form. Rev. 12-2011 15. ESTIMATED PROJECT COMPLETION DATE: Spring, 2016 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (I I" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. C NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE VP OPLICANT SIGNATURE OF PROPERTY SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I Ig l /� I have reviewed this preliminary plat application and find it to be: Incomplete inistrative Officer i2&7�,5 L_:, PRINT NAME 5 �� The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Subdivision Application Form. Rev. 12-2011 1.0 Mansfield View Lane Phone: 802.864-2323 South Burlington, VT 05403 Fax: 802-864-2271 E-Mail: maiK�cea-vt.com November 9, 2015 Mr. Douglas S. Brent, Fire Chief South Burlington Fire Department 7575 Dorset Street South Burlington, Vermont 05403 Re: SD-15-36 South Village Communities, LLC — Phase III Bridge Construction Response to Comments from Fire Department Dear Chief Brent: As a follow-up to your review of the final site plan application for the proposed extension of East Jefferson Road to enable the construction of the bridge crossing the unnamed tributary of Monroe Brook, we have provided the following embedded follow-up responses to your recommendations and requests from your November 6, 2015 review letter issued to Ray Belair. "We have the following recommendations: 1. We have concern with the 20 foot sections of this road and what is left for passable roadway following adequate snow removal processes. The submitted road width between the curbs of the proposed bridge is actually 21-feet which is larger than the 20-foot standard set forth in the Southeast Quadrant Zoning District Street Design Standards (attached) where a roadway crosses a wetland. 2. Entering and exiting the "rotary" segment of this road is difficult now. Having the Phase 3 Section I portion now added is not a turn we can make with the firetruck without 1) driving on the wrong side of the road and 2) almost putting the entire truck over the top of the "rotary". All turning radii shall be compatible with a WB-40 straight profile. The rotary or "mini -roundabout" was designed, previously permitted as part of the Phase I approval by the City, and constructed to be fully mountable by the Fire Department's equipment. There are no proposed changes to the originally approved alignments at this intersection. r Mr. Douglas S. Brent, Fire Chief Page 2 of 2 November 9, 2015 3. We are unsure from the plans if there are concrete lane dividers at the beginning of East Jefferson or if what the drawing indicates is painted lane lines on the pavement. These are mountable islands. The detail from the Phase I City approval is attached for clarification. This completes our summary of the supplemental information for this project. Thank you for your timely review of the project submittal materials. If you should have any questions, please free to contact me at 864-2323 x310 or via e-mail at dmarshall@cea-vt.com. Respectfully,, w� .q w -`David S. Marshall, P.E. Principal Engineer \dsm Enclosures: SEQ Design Standards Mountable Island Detail Cc: (w/ 8.5x11 enclosures) R. Jeffers, Ray Belair, CEA File 01243.14 P:\AutoCADD Projects\2001\01243.14 Phase 3\3- Perm itting\1-local Applications\3-Final\Letter to Chief Brent.doc ARTICLE 9 SOUTHEAST QUADRANT 9-16 (4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. (5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near -identical units. Table 9-3: Street Design Criteria for Collector Streets. VR and VC Design Speed 2S mph Pavement width (parking one side) 28' Pavement width (parallel parking both sides) 36' at wetland crossings 20' Minimum radius of curves 260' Minimum tangent length between curves 50' Minimum vertical sight distance 150' Minimum horizontal sight distance 275' 9-8: Pavement Dimensions, Collector Streets, SEQ-VR il�illi i I R' 7U t6' Pavement Dimensions; Collector Street, One -Sided Parking, SEQ-VR R' lit` '10' 8' Pavement Dimensions: Collector Street, Two-sided Parking, SEQ-VR South Burlington Land Development Regulations Effective May 6, 2013 .01 arve Do o: angle = 21-16-49 a ° Radius 250.00' and IwwNeeull, AROCIAteS IIaL length — 46.9; -01 .� a, �_.. length 92.85' �• — length = 92.32' � /0. ' II ACL 7A DSM INT SECTION i M TC STA. 219+80. i 5 = ,'`7 S 1181;[�c SOUTH VILLAGE STA. 409+76.62 �� D —Ol i ��M c COMMUNITIES, LLC. 1 1 92 1 tea, ppO.eR YONSYLTLM3: Il 15 ice- �,.a wt 1 LoaNErRICKSKISS � > ,\➢:"T•n`�.,� ° • Q' 1 t sxw� o a a � irAorvxlE. r. (•�� �L r r oawa aYsm�a..n I I �. _ •�` .. I I...�I ONIL ENGINEERINGASSOCIATES 4HELewwE yr q ST TION ,,#1E O 'er\.� . ^• .... / C) TND ENGINEERING `\ MINI ROUNDABOUT DETAIL \ - 9 �♦ ,�. Lt \N i- 0 \� Intiu c�d angl� =32-+5-tt _ Rai s G To gent length 66.26' Arc lenalh a 72&6 eR r Chard length 127.13' l� I l ro Wn1016 SPEAR STREET AND iYaw uww[a r.wrt+n ALLEN ROAD TYP L.%J ... r ICAL CO SOUTH BURI.P/GTON, VT ....X SECTION J4 ... ••..... LEGEND l U. 9:1 0 I �'a �'it'�:•. ..a. PROFILE .,nor.. 10491 TA.'19+ 6 s� 7 �., SECTION A -A I i .�• CIiANNELIZATpl1 19. wLo a"`�.z *.T f SffE sT *TEMPORARY CV I INTERtECTP LAYOUT PLAN I' STA. 219 MINI— I STA. 0+0f I 4 GRAPHIC SCALE 17 I II 1 C3 2 southburlington PLANNING & ZONING Permit Number SD - (office use only) APPLICATION FOR SUBDIVISION PLAT REVIEW Preliminary/Final PUD Being Requested? X Yes ❑ No All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) South Village Communities, LLC c/o SD Ireland Companies Ms. Robin Jeffers, Project Manager Williston, Vermont 05495 Ph 1-802-863-2946 Email: robin@SDIRELAND.COM Offer of Dedication - 2. LOCATION OF LAST RECORDED DEED (Book and page #) Book 419 Page 454-455 3. APPLICANT (Name, mailing address, phone and fax South Village Communities, LLC c/o SD Ireland Companies Ms. Robin Jeffers, Project Manager Williston, Vermont 05495 Ph 1-802-863-2946 Email: robin@SDIRELAND.COM 4. CONTACT PERSON (Name, mailing address, phone and fax David S. Marshall Civil Engineering Associates, 10 Mansfield View Lane, South Burlington, Vermont 05403 Ph 864-2323 x310 F 864-2271 Contact email address:_dmarshall@cea-vt.com Subdivision Application Form. Rev. 12-2011 5. PROJECT STREET ADDRESS: 1840 Spear Street (South Village) 6. TAX PARCEL ID # (can be obtained at Assessor's Office) 1640-01840 (South Village) 7. PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): Construct the first 500 feet of East Jefferson Avenue including the construction of the bridge crossing an unnamed tributary of Monroe Brook. This application will create a new Rights -of -way for the road but will not increase the number of approved units. b. Existing Uses on Property (including description and size of each separate use): None c. Proposed Uses on property (include description and size of each new use and existing uses to remain): None d. Total building square footage on property (proposed buildings and existing buildings to remain): No change from previous approval e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): Not applicable f. Number of residential units (if applicable, new units and existing units to remain): No change g. Number of employees (existing and proposed, note office versus non -office employees): Not applicable. h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. 8. LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a. Size of Parcel: * No change from Phase I Approval b. Building Coverage: Existing: * square feet: * % Proposed: square feet % c. Overall Coverage (building, parking, outside storage, etc): Existing: 1,108,527 square feet: 11.51 % Proposed: 1,126,307 square feet 11.69 % Subdivision Application Form. Rev. 12-2011 d. Front Yard Coverage(s) (commercial projects only): Existing: square feet: % Proposed: * square feet * % *No change from Phase II Approval 9. WETLAND INFORMATION a. Are there any wetlands (Class I, II, or III) on the subject property? X Yes ❑ No b. If yes, is the proposed development encroaching into any of these wetlands associated 50' buffers (Yes, consistent with the Master Plan approval and with the most recently issued State Wetlands Permit(attached), The wetlands and 50-foot buffers are shown on the plans) c. If yes, please submit the following with this application: 1. A site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's wetland map (attached). 2. Response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria) (The applicant will rely upon the State Wetland Permit and its Findings of Fact as it relates to these criterion). 10. AREA DISTURBED DURING CONSTRUCTION: No change 11. COST ESTIMATES a. Building (including interior renovations): $ _Not Applicable b. Landscaping: $ _Not Applicable (Please submit itemized list of landscaping proposed) c. Other site improvements (please list with cost) Parking Lots and utilities Not Applicable 12. ESTIMATED TRAFFIC a. Average daily traffic for entire property (in and out): * No change from previous approval b. A.M. Peak hour for entire property (in and out): * No change from previous approval c. P.M. Peak hour for entire property (In and out): * No change from previous approval 13. PEAK HOURS OF OPERATION: 8 to 9 Am and 5 to 6 PM 14. PEAK DAYS OF OPERATION: Monday through Friday 3 Subdivision Application Form. Rev. 12-2011 15. ESTIMATED PROJECT COMPLETION DATE: Spring, 2016 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE � 1 SIGNATU APPLICANT OWNER SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: Complete Incomplete ,,A Jcr-ez-J s Administrative Officer Date PRINT NAME PRINT NAME The applicant orpermittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Subdivision Application Form. Rev. 12-2011 rbIVI L I, IG111E'R 111 Gi AISO"S 0 C.I A rE"So , 11 IC, tOMansfield View Lane South Burlington, VT 05403 September 25, 2015 Mr. Ray Belair, Administrative Officer City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: South Village Communities, LLC Preliminary Plat Application & Final Plat Application Partial Construction of East Jefferson Ave Dear Mr. Belair: Phone: 802-864-2323 Fax: 802-864-2271 E-Mail: mail@cea-vt.com South Village Communities, Inc. is proposing the construction of the first 500 feet of East Jefferson Avenue and parallel recreation path beginning at the intersection with South Jefferson Ave and proceeding easterly across the unnamed tributary of Monroe Brook to a termination point approximately 150 feet east of the crossing. This project includes the construction of a new bridge structure across the unnamed tributary. As outlined in the Master Plan approval MP-05-02, all applications consistent with the Master plan approval may omit the Sketch Plan phase of review. As such, the applicant is proposing a concurrent submittal and review of the preliminary plat and final plat applications. This completes our summary of the proposed project. please feel free to contact me at 864-2323 x310. Respectfully, __ David S. Marshall, P.E. Project Engineer If you should have any questions, Attachments: Application Forms Preliminary Plat & Application Fee (Base Fee, no units) $513 Final Plat & Application Fee (Base Fee, no units) $513 1 set of 11" x 17" plans, 3 sets of full size plans State Wetland Permit Legals (IOOD, Warrantee Deed, Title Opinion) CD of application materials cc: R. Jeffers (w/ enclosures, 11x17 plans), CEA File 01243.14 (w/ enclosure) PAAutoCADD Proiects\2001\01243.14 Phase 3\3-Permitting\I-Local Applications\2-Preliminary\Belair - Cover letter.rd C I V I t Ell G111EE I IG N�r 0 _'SOOCIr\1'E�. 11 IC46 10 Mansfield View Lane South Burlington, VT 05403 November 9, 2015 Mr. Douglas S. Brent, Fire Chief South Burlington Fire Department 575 Dorset Street South Burlington, Vermont 05403 Phone: 802-864-2323 Fax: 802-864-2271 E-Mail: mail@cea-vt.com Re: SD-15-36 South Village Communities, LLC — Phase III Bridge Construction Response to Comments from Fire Department Dear Chief Brent: As a follow-up to your review of the final site plan application for the proposed extension of East Jefferson Road to enable the construction of the bridge crossing the unnamed tributary of Monroe Brook, we have provided the following embedded follow-up responses to your recommendations and requests from your November 6, 2015 review letter issued to Ray Belair. "We have the following recommendations: We have concern with the 20 foot sections of this road and what is left for passable roadway following adequate snow removal processes. The submitted road width between the curbs of the proposed bridge is actually 21-feet which is larger than the 20-foot standard set forth in the Southeast Quadrant Zoning District Street Design Standards (attached) where a roadway crosses a wetland. 2. Entering and exiting the "rotary" segment of this road is difficult now. Having the Phase 3 Section 1 portion now added is not a turn we can make with the firetruck without 1) driving on the wrong side of the road and 2) almost putting the entire truck over the top of the "rotary". All turning radii shall be compatible with a W13-40 straight profile. The rotary or "mini -roundabout" was designed, previously permitted as part of the Phase I approval by the City, and constructed to be fully mountable by the Fire Department's equipment. There are no proposed changes to the originally approved alignments at this intersection. Mr. Douglas S. Brent, Fire Chiet Page 2 of 2 November 9, 2015 3. We are unsure from the plans if there are concrete lane dividers at the beginning of East Jefferson or if what the drawing indicates is painted lane lines on the pavement. These are mountable islands. The detail from the Phase I City approval is attached for clarification. This completes our summary of the supplemental information for this project. Thank you for your timely review of the project submittal materials. If you should have any questions, please free to contact me at 864-2323 x310 or via e-mail at dmarshall@cea-vt.com. Respectfully, '�' 6avid S. Marshall, P.E. Principal Engineer \dsm Enclosures: SEQ Design Standards Mountable Island Detail Cc: (w/ 8.5x11 enclosures) R. Jeffers, Ray Belair, CEA File 01243.14 P:\AutoCADD Projects\2001\01243.14 Phase 3\3-Permitting\1-Local Applications\3-Final\Letter to Chief Brent.doc ARTICLE 9 SOUTHEAST QUADRANT 9-16 (4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. (5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near -identical units. Table 9-3: Street Design Criteria for Collector Streets, VR and VC Design Speed 25 mph Pavement width (parking one side) 28' Pavement width (parallel parking both sides) 36' at wetland crossings 20' Minimum radius of curves 260' Minimum tangent length between curves 50' Minimum vertical sight distance 150' Minimum horizontal sight distance 275' re 9-8: Pavement Dimensions, Collector Streets, SEQ-VR S 10 h7 ti'mement Dirrlensitms: ('0110c tc!r Street, One -Sided Parking, SE(? Vft E 1010' R Pav rr!enf f)imEr ': r >Jlt• c!r S r• •r Two -Sided Parking, SEC1-VR South Burlington Land Development Regulations Effective May 6, 2013 angle = 21-16-49 8 Radius 250.00' length 46,97' � ° GYIt IHaIHHnaa AttssoclAm. ING length 92.85' length = 92.32'�_ ° I .� oBIA INT SECTION STA(. 219+80.75 = ti, S 1 ° M 81 .1-A- SOUTH VILLAGE STA. 409+76.62 .:, .. / P D —01 i .. c COMMUNITIES, LLC. 1 92 15 � t r1 tea..,'— _ :� . , - - - � �"` eearcr ro�a�rArrs: IMOLt4'NA111AM4'1r3. ,, �t�[yl) j LE ,w °, * \ Y'C ' f a a.Ss-'y� yc ae0000to so�oa _{oac o�o'.'c 3.i��oo�o c�oao�n�wx wvKu a.w m/OSS J �._�I ImoyoI CIVIL ENGINEERING ASSOCIATES P11a, V \\ %,�i ilc —. �' ST TION . ' TNO ENGINEERING \ _.Y ,= mr.cnn sew.a OSSWEE. A01 ! MINI ROUNDABOUT DETAIL'' LAND -WORKS ;_ .- Intiuded angle 32-39-11 Radius = 0' amlEeuw, yr rrtaen nns: ~ -' " Tangent Iwgt!T `66.26' Arc length - f2& EI r vi y Chad length = 127.13. ``\ a• W CERrnes � SPEAR STREET AND M1a' Q �` �� �j� ix rwrs air � CAL rr s ALLEN ROAD SOUTH BURLINGTON. �\ SECTION.... Vi LEGEND ' j / PROFILE 13. T4 r ww p 19 + 6 SECTION A -A I 0 CHANNELIZATION ISLAND T II TEMPORARY SITE (V I * INTEtECTI�PHALT CURB LAYOUT PLAN ' STA. 219-* OUT MINI—ROUNDABOUT STA. 0+04 41 GRAPHIC SCALE APHIL, 2007 ASSOWN C3.2 t ZZ South Burlington Fire Department 575 Dorset Street South Burlington, Vermont 05403 802-846-4110 November 6, 2015 Mr. Ray Belair City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: South Village, Phase 3 Section 1 Dear Ray: We have reviewed the plans for the proposed construction of Phase 3 Section 1 of the South Village project. We have the following recommendations: 1. We have concern with the 20 foot sections of this road and what is left for passable roadway following adequate snow removal processes. 2. Entering and exiting the "rotary" segment of this road is difficult now. Having the Phase 3 Section 1 portion now added is not a turn we can make with the firetruck without 1) driving on the wrong side of the road and 2) almost putting the entire truck over the top of the "rotary". All turning radii shall be compatible with a WB-40 straight profile. We are unsure from the plans if there are concrete lane dividers at the beginning of East Jefferson or if what the drawing indicates is painted lane lines on the pavement. At this point these seem to be the major issues which present themselves. I believe something has to be figured out about this intersection before this project can move forward. Should you need any further assistance on this project please feel free to contact me. Sincerely, i)at,Otak S. 3 v-efLt Douglas S. Brent Fire Chief thedther Paper • otherpapervt.com • October 29, 2015 • 15 wl 401IVE: 4 used Snow tires, in 205/65/1115, good condi- .45. 802-658-3799. (10/29) VIOTIVE: 4 - 2004 Nissan 15"steel wheels, $75 for all, enings or leave message, 3-4366.(10/22) 40TIVE: 4 Snow tires, 205- 5, fits 2004 Honda CRV, good ion, $250. 802-862-5261. ITURE: Solid oak dining ce, 42"x60" table, 2 - 15" , 4 Windsor chairs, $600. e step -back cupboard, large, r, with wonderful rich color, mall, antique oak desk, $200. 8-8319 (10/22) : Exercise bench, $20. Dehu- !r, $35. Air Conditioner, $25. El F ITEMS: Bed from Brazil, excellent condition, rare wood, $50.2 Bunny Hutches, one wooden the other metal, good condition, $50 each. 802-497-2527.(10/29) ITEMS: 2 - Hampton Bay ceiling fans, 46", with remotes, purchased new in 2015, $35 each. Hampton Bay ceiling fan, 42", purchased new in 2013, $20. Bazska 30 - 60x90 Colo- rado waterproof spotting scope with deluxe tripod and carrying case, $100. 802-399-2190. (10/29) ORGAN: Wurlitzer D-5 digital music system, looks new, recently tuned, plays great and in excellent shape, includes bench and sheet music, $75. 802-862-1404. (10/22) SNOW BLOWER: Yardsman, 24", 5-horse power, electric start, like new, $400.802-862-5261. (10/22) *IdIs10 R Y o FV1 F a • ..With -exciting new -,plan choices, new lower rates on many of our popular plans and a brand new hearing aid benefit, MVP's Medicare Advantage plans are looking better than ever for 2016, Join us for a FREE informational meeting! Learn from an expert MVP Medicare Products Advisor and get help to make the right choice for you. IU/SU i't /� / rlrrl CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of October, 2015 , a copy of the foregoing public notice for South Village, LLC [type of application] # SD-15-36 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) See attached Abutters List Dated at V wn/city], Vermont, this �3 day of , 20 . � Printed Name: 71\"1 r y)Q �(S Phone number and email: - Q 1 Wi Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 Number Street Owner Mailing Address 1720 SPEAR ST CAROLYN LONG REVOCABLE TRUST 1720 SPEAR ST S BURLINGTON VT 05403 1730 SPEAR ST LITTLETON LONG L, EXEMPT FAMILY TRUST 1720 SPEAR ST S BURLINGTON VT 05403 1755 SPEAR ST DAVID 0 & CATHERINE L CONE 166 APPLETREE POINT RD BURLINGTON VT 05401 1803 SPEAR ST KEVIN P & KRISTIN F LAHUE 1803 SPEAR ST S BURLINGTON VT 05403 1807 SPEAR ST JANET F FARINA 1807 SPEAR ST S BURLINGTON VT 05403 1809 SPEAR ST MARY X PAPPAS PO BOX 5735 BURLINGTON VT 05402-5735 1811 SPEAR ST DONALD R CUMMINGS 1811 SPEAR ST S BURLINGTON VT 05403 1813 SPEAR ST FLOYD FUSUN TRUST 1813 SPEAR ST S BURLINGTON VT 05403 1815 SPEAR ST BRIAN J MITAL 1815 SPEAR ST S BURLINGTON VT 05403 1827 SPEAR ST 1827 SPEAR STREET LLC 410 SHELBURNE RD S BURLINGTON VT 05403 1835 SPEAR ST 1835 SPEAR LLC 1835 SPEAR ST S BURLINGTON VT 05403 1845 SPEAR ST GEORGE A & SHELLEY R VINAL 1845 SPEAR ST S BURLINGTON VT 05403 1855 SPEAR ST MARK S WESTERGARD 1855 SPEAR ST S BURLINGTON VT 05403 1865 SPEAR ST BARBARA P LANDE TRUST 1865 SPEAR ST S BURLINGTON VT 05403 1967 SPEAR ST WILLIAM V REED 1967 SPEAR ST S BURLINGTON VT 05403 1971 SPEAR ST GEORGE & MARILYN R EDELBAUM 1971 SPEAR ST S BURLINGTON VT 05403 1971 SPEAR ST RODOLPHE M VALLEE 282 SOUTH MAIN STREET ST ALBANS VT 05478 1975 SPEAR ST DIANE SYLVESTER 1985 SPEAR STREET S BURLINGTON VT 05403 1985 SPEAR ST ALAN F & DIANE H SYLVESTER 1985 SPEAR ST S BURLINGTON VT 05403 1990 SPEAR ST RODOLPHE M & DENISE M VALLEE 4043 SPEAR ST SHELBURNE VT 05482 1505 DORSET ST TRAMPAS DEMERS 1505 DORSET ST S BURLINGTON VT 05403 1575 DORSET ST NOAH E HYMAN 1575 DORSET ST S BURLINGTON VT 05403 1675 DORSET ST WILLIAM R & GAIL S LANG 1675 DORSET ST S BURLINGTON VT 05403 192 CATKIN DR MAUREEN O'BRIEN 192 CATKIN DR S BURLINGTON VT 05403 197 CATKIN DR SUSAN C BLISS 197 CATKIN DR S BURLINGTON VT 05403 31 FLORAL DR MICHAEL R BOUVIER 31 FLORAL DR S BURLINGTON VT 05403 33 FLORAL DR STANLEY J & CAROLYN R PALLUTTO 33 FLORAL ST S BURLINGTON VT 05403 35 FLORAL DR BRIAN A TERHUNE 35 FLORAL ST S BURLINGTON VT 05403 37 FLORAL DR MERGIM ISUFI 37 FLORAL ST S BURLINGTON VT 05403 Assoc Open Space DORSET FARMS HOMEOWNERS ASSOCIATION, INC. 92 BUTLER DR S BURLINGTON VT 05403 4012 SPEAR ST DANIEL & HUA MARTIN 4012 Spear Street Shelburne VT 05482 04-01-02.00 2003 SPEAR ST JAMES & PANAGIOTA CARROLL 155 CHESAPEAKE DR SHELBURNE VT 05482 04-01-03.00 4047 SPEAR ST CRAIG & COLLEEN BARTLETT III 4047 SPEAR ST SHELBURNE VT 05482 04-01-5.30 2004 SPEAR ST RODOLPHE & DENISE VALLEE 1990 SPEAR ST SHELBURNE VT 05482 04-01-5.50 VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the matter of. INDIVIDUAL WETLAND PERMIT South Village Communities, LLC c/o SD Ireland Companies 193 Industrial Ave Williston, VT 05495 Application for the approval of the second phase of the South Village development including residential structures, streets, sidewalks, and associated infrastructure with proposed impacts to 11,544 square feet of Class II wetland and 137,568 square feet of buffer zone. Located east of the intersection of Allen Road and Spear Street in South Burlington File #: 2013-049 Date of Decision: September 10, 2014 DEC ID #: EJ05-0114 Decision: Issued Expiration Date: September 10, 2019 Any activity in a Class I or Class II wetland or its associated buffer zone is prohibited unless it is an allowed use under the Vermont Wetland Rules (VWR) or unless it receives a permit allowing such activity. 10 V.S.A. § 913. Applicants for an individual permit for a proposed activity in any Class I or Class I1 wetland or its buffer zone must demonstrate that the proposed activity complies with the VWR and will have no undue adverse effects on protected functions and values. VWR § 9.5(a). The Vermont Agency of Natural Resources (Agency) received an application dated May 29, 2014 from South Village Communities, LLC (permittee) seeking an individual Vermont Wetland Permit for a project involving activities in a wetland and associated buffer zone located in South Burlington, Vermont. The Agency gave notice of the application in accordance with the VWR. The Agency considered all comments received during the public comment period during review of the application and issuance of this permit. DECISION AND PERMIT CONDITIONS Based on the Findings contained in this permit below, the Secretary has determined that the proposed project will comply with 10 V.S.A. chapter 37 and the VWR and will have no undue adverse effect on protected functions and values of the wetlands. The permittee has demonstrated that the project will have no undue adverse effects on the protected functions and values of the significant wetlands and associated buffer zone, provided the project is conducted in accordance with the following conditions: 2of14 South Village Communities, LLC 2013-049 A. All activities in the wetlands and buffer zones shall be completed, operated, and maintained as set forth in the permit application #2013-049 and the supporting materials submitted with the permit application including: 1. "Wetland Buffer Designs for the South Village Quiet Path and Residences, Spear Street, South Burlington, VT" dated 2/21/2014. 2. South Village Wildlife Monitoring Protocol dated 8/13/2013: a) Breeding amphibian surveys shall take place in late March/early April and into May. The bird surveys shall occur monthly from March through August. The bobcat tracking surveys shall be conducted during February or March and again in November or early December. b) Sighting of any threatened or endangered species during monitoring efforts shall result in subsequent monitoring upon notification of and consultation with the Department of Vermont Fish and Wildlife and the Vermont Wetlands Program. c) Within 30 days of each monitoring activity, the permittee shall submit a status update in writing to the Vermont Wetlands Program. A final report of all monitoring activities shall be submitted to the Vermont Wetlands Program electronically by no later than January 31 directly following each monitoring year. d) The measured decrease of wildlife habitat function may require remedial measures by the permittee and shall be considered when assessing any future stages of development. 3. Ecological Restoration and Habitat Management Program (ERHMP): a) Once a phase of construction has been completed, the permittee shall begin the restoration stage. A restoration stage of three years following construction completion is required. b) After the restoration stage is complete, the permittee shall begin the management stage. Tasks during this stage include spot herbicide treatments, remedial planting, and prescribed burning. c) To carry out the restoration and management stages, ecological concepts and prescriptions shall be written and scheduled by a qualified professional ecologist over a multi -year period for each of several management units that are developed for a site. The permittee shall perform tasks on a regular schedule, guided by annual ecological monitoring. d) Management units for South. Village shall be developed by a qualified professional ecologist during finalization of the project when all phases of the development have been completed and are past the restoration phase. e) The permittee shall submit to the Vermont Wetlands Program an annual narrative for the duration of this permit by January 31 directly following 3of14 South Village Communities, LLC 2013-049 each monitoring year. The narrative shall address the guidance set forth in the ERHMP. f) If the restoration is not meeting results, then the Vermont Wetlands Program may require the permittee to conduct additional remedial measures. B. No material or substantial changes shall be made to the project without the prior written approval of the Vermont Wetlands Program. Project changes may require a permit amendment and additional public notice. C. The permittee shall record this permit in the land records of the Town of South Burlington for all properties subject to the permit. Within 30 days of the date of issuance of this permit, the permittee shall supply the Vermont Wetlands Program with a copy of the recording of this permit. D. The pennittee shall notify the Vermont Wetlands Program in writing or by email prior to the start of the approved project. E. Prohibitions: No additional activities are allowed in the wetlands and associated buffer zones without the approval of the Secretary unless such activities are allowed uses under VWR § 6. No draining, dredging, filling, grading, or alterations of the water flow is allowed. No cutting, clearing, or removal of vegetation within the wetlands and buffer zones is allowed with the exception of the proposed project area as approved by this permit. F. All construction activities in the wetlands and adjacent 50-foot buffer zones shall be completed within five years of the issuance date of this permit or this permit will expire. Any request for an extension must be received by the Agency at least 30 days prior to the end of the five year period in order to prevent the expiration of the permit. A request for extension may be considered a minor modification at the discretion of the Secretary. Pursuant to VWR § 9.1, projects may not be extended beyond ten years of the issuance date. G. The wetland boundary delineation is valid for five years. The delineation will need to be re-evaluated by a qualified wetland consultant if the project is not constructed during the five-year period and a request for an extension is submitted. H. Within 30 days of completion of the work approved by this permit, the permittee shall supply the Vermont Wetlands Program with a letter certifying that the project was constructed in compliance with the conditions of this permit. I. The erosion prevention and control requirements of the stormwater construction permit shall be followed. The method of bridge and sewer crossing installation for East Jefferson Road crossing Munroe Brook with a 30' clear span bridge shall be that which presents the least disturbance of stream flow and prevents any discharge of sediment downstream. Stream flow at all times shall be diverted from the work area. The contractor's equipment shall be clean and well maintained, free of fuel, hydraulic, and gear oil leaks, especially if such equipment is to be used in or adjacent to the 4of14 South Village Communities, LLC 2013-049 water. There shall be absolutely no discharge of uncured concrete to the stream flow. Pumping from excavation areas shall be discharged to an overland area or settling basin such that the effluent shall be essentially clarified before reentering the stream flow. All areas of stream bank disturbed during construction shall be suitably reshaped and stabilized with stone fill or a vegetative planting prior to completion of the project. Additionally, the extent of stream bank disturbance shall be strictly limited, and all existing vegetation maintained to the greatest degree practicable. The permittee shall contact the Stream Alteration Engineer prior to commencing construction to arrange a pre -construction conference. Stream work shall be limited to the period June 1 to October 1. Culvert invert elevations shall be installed six inches below the stream bed level. K. All contractors' equipment shall be cleaned so as to contain no observable soil or vegetation prior to work in wetlands and buffer zones to prevent the spread of invasive species. The permitte shall monitor the portions of the wetlands in question annually during each July for five years following construction for nuisance plants. All new populations of nuisance plants found shall be pulled by hand and disposed of by burial or burning in a non -wetland location. If hand pulling is not feasible, a state -approved invasive species control plan is required pursuant to VWR § 6.18. 2. The Secretary maintains continuing jurisdiction over this project and may at any time order that remedial measures be taken if it appears that undue adverse impacts to the protected functions and values of the wetlands or buffers are occurring or will occur. This permit does not relieve the permittee of the responsibility to comply with any other applicable federal, state, and local laws, regulations, and permits. 4. The permittee shall allow the Secretary or the Secretary's representatives, at reasonable times and upon presentation of credentials, to enter upon and inspect the permitted property for the purpose of ascertaining compliance with this permit, the VWR, and the Vermont Water Quality Standards, and to have access to and copy all records required to be prepared pursuant to this permit. The Agency accepts no legal responsibility for any damage direct or indirect of whatever nature and by whomever suffered arising out of the approved project. This permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to public or private property, or any invasion of personal rights, or any infringement of federal, state, or local laws or regulations. This permit does not obviate the necessity of obtaining such federal, state, or local permits or approvals as may be required by law. Nothing in this permit shall be construed to preclude the institution of legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under other laws. 6. Within 15 days of the date of the decision, the permittee, any person entitled to notice under VWR § 9.2, or any person who filed written comments regarding the permit application may request in writing reconsideration of the decision by the Secretary in accordance with VWR § 9.6. 5of14 South Village Communities, LLC 2013-049 7. Any person with an interest in this matter may appeal this decision pursuant to 10 V.S.A. § 917. Pursuant to 10 V.S.A. chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Division of the Superior Court within 30 days of the date of the decision. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Division; and must be signed by the appellant or the appellant's attorney. In addition, the appeal must give the address or location and description of the property, project, or facility with which the appeal is concerned; the name of the permittee; and any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontjudiciary.org. The address for the Environmental Division is: 32 Cherry St.; 2nd Floor, Suite 303; Burlington, VT 05401 (Tel. # 802-828-1660). FINDINGS The Agency received a complete application from South Village Communities, LLC for a Vermont Wetland Permit on May 29, 2014 after previously submitted applications were returned by the Agency because they were technically incomplete. 2. The wetlands and adjacent 50-foot buffer zones are located 1,200feet east of the junction of Allen Road and Spear Street in South Burlington and adjacent to Munroe Brook. Numerous site visits have been conducted by the Vermont Wetlands Program and are documented in Section 5 of the permit application. The most recent visit to the subject property was conducted by Danielle Owczarski, District Wetlands Ecologist, with Helen Carr, Vermont Stormwater Program, on January 14, 2014. 4. The subject wetlands are identified as palustrine wetlands on the Vermont Significant Wetlands Inventory maps and therefore are designated as Class II wetlands under VWR § 4.6. The wetlands in question are described in detail in Sections 7 and 8 of the permit application. The wetlands form a large complex that consists of a mix of shallow emergent marsh (75%), forested wetland (10%), and shrub swamp (15%). Two smaller Class II wetlands are located west of the main wetland complex known as the Great Swamp. The proximity and location of the two smaller wetlands allow them to function in cooperation with the large wetland complex. All are described as a single wetland complex from this point forward. Wetland hydrology is provided by groundwater discharge, overland flow and surface water from small streams including Munroe Brook. The soils are a mix of clay and silty clay that are seasonally and permanently saturated. 6. The proposed project is described in detail in Sections 10 and 11 of the permit application. The project involves constructing the remaining infrastructure for Phase I and Phase II of the 242-unit residential development, which includes the construction of residential structures, streets, sidewalks, hiking paths, stormwater ponds, and associated infrastructure and utilities. 6of14 South Village Communities, LLC 2013-049 7. Proposed impacts to the wetlands and buffer zones, summarized in Section 12 of the permit application, are as follows: Table 1: Summary of total impacts to Class Il wetlands Wetland Alteration: Wetland Fill: Temporary: Other Permanent: Total Wetland Impact Buffer Zone Alteration: 10,047 sq.ft. 1,497 sq.ft. Temporary: 0 sq.ft. Permanent: 11,544 sq.ft. Total Buffer Zone Impact: 5,743 sq.ft 131,825 sq.ft 137,568 sq.ft The following mitigation measures are required by this permit: The standards set forth in the Ecological Restoration and Habitat Management Program narrative (see Section (1)(A)(3) of this permit) are anticipated to restore and enhance the wetland wildlife habitat function in areas in close proximity with development. The Landworks "Wetland Buffer Designs" (see Section (1)(A)(1) of this permit) is intended to prevent accidental encroachment and encourage consistent usage patterns during Quiet Path maintenance and utilization to minimize wildlife disturbance. The "South Village Wildlife Monitoring Protocol' (see Section (1)(A)(2) of this permit) will track and monitor sensitive wildlife species to measure change in species use patterns over time. 9. The protected functions of the wetland complex include the following: water storage for flood water and storm runoff (VWR § 5.1), surface and groundwater protection (VWR § 5.2), fish habitat (VWR § 5.3), wildlife and migratory bird habitat (VWR § 5.4), threatened and endangered species habitat (VWR § 5.6), recreational value and economic benefits (VWR § 5.8), open space and aesthetics (VWR § 5.9), and erosion control through binding and stabilizing the soil (VWR § 5.10). 10. The protected functions of the subject wetlands include the following: water storage for flood water and storm runoff (VWR § 5.1), surface and groundwater protection (VWR § 5.2), fish habitat (VWR § 5.3), wildlife and migratory bird habitat (VWR § 5.4), recreational value and economic benefits (VWR § 5.8), open space and aesthetics (VWR § 5.9), and erosion control through binding and stabilizing the soil (VWR § 5.10). 11. The following functions are either not present or are present in the wetland at such a minimal level as to not be protected functions: exemplary wetland natural community (VWR § 5.5), threatened and endangered species habitat (VWR § 5.6) and education and research in natural sciences (VWR § 5.7). 12. Water Storage for Flood Water and Storm Runoff. The subject wetland is significant for the water storage for flood water and storm runoff function as demonstrated in Section 16 of the permit application. Based on the factors described in Section 16.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 13. Surface and Groundwater Protection. The wetland is significant for the surface and ground water protection function as described in Section 17 of the permit application. 7of14 South Village Communities, LLC 2013-049 Based on the factors described in Section 17.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 14. Fish Habitat. The wetland is significant for the fish habitat function as described in Section 18 of the permit application. Based on the factors described in Section 18.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 15. Wildlife and Migratory Bird Habitat. The wetland is significant for the wildlife and migratory bird habitat function as described in Section 19 of the permit application and as described within the public comment (see attached responsiveness summary). Based on the factors described in Section 19.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 16. Rare, Threatened and Endangered Species. The wetland complex is significant for the rare, threatened and endangered species function as demonstrated in Section 21 of the permit application. A rare plant species (S2) was recorded from this wetland in an area downstream of the proposed Midland Avenue crossing outside of the subject wetland. Based on the factors described in Section 21.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 17. Recreational Value and Economic Benefits. The wetland is significant for the recreational value and economic benefits function as demonstrated in Section 23 of the permit application. Based on the factors described in Section 23.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 18. Open Space and Aesthetics. The wetland is significant for the open space and aesthetics as demonstrated in Section 24 of the permit application. Based on the factors described in Section 24.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 19. Erosion Control. The wetland is significant for the erosion control function demonstrated in Section 25 of the permit application. Based on the factors described in Section 25.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 20. Pursuant to VWR § 9.5(b), the permittee has demonstrated that the proposed activity in the subject wetland cannot practicably be located outside the wetland or on another site owned, controlled, or available to satisfy the basic project purpose. All practicable measures have been taken in this proposal to avoid adverse impacts on protected functions, as described in the application. The Applicant maintains that the previously permitted project, which has been carried forward with this application, was designed to avoid wetland areas and buffer zones as much as practicable given site, economic, and municipal constraints. The project went 8of14 South Village Communities, LLC 2013-049 through several redesigns and scale -backs to account for an updated delineation in 2012 that extended the boundary of the wetlands along the western edge of the wetland complex. Additionally, the project was redesigned in at least three other iterations to avoid impacts: • First, the crossing of Midland Avenue was originally about 300 feet further north and would have crossed a more natural area; the redesign brought it to the area of the old pre-existing filled roadway, leaving the area northward in a more natural state; • Second, a group of housing units in the intervening uplands between Great Swamp and Wetland C, north of Midland Avenue, were removed from the project design, which reduces impacts to wildlife habitat by leaving the wide (300 feet) buffers around these wetland perimeters as requested by the Department of Fish and Wildlife; and • Third, a large group of housing units on the Ridge area have been removed from the design, also allowing the wide buffer zone (plus additional upland) requested by the Department of Fish and Wildlife in that area. In addition to avoidance and minimization measures implemented in the original, previously permitted design, the permittee has worked with ANR to further minimize impacts to functions and values with the addition of permanent memorialization between buffers and building lots and relocation of quiet path sections. 21. Under 10 V.S.A. § 913 and VWR § 9.5, the Secretary may authorize activities in a Class II wetland or in its buffer zone if the Secretary determines that it complies with the VWR and will have no undue adverse effect on the protected functions and values. Based on the permit application, the site visits by Agency staff, and the foregoing findings and analysis, the Secretary has determined that the proposed project will have no undue adverse effects on the protected functions and values of the subject Class Il wetlands. 22. The Vermont Wetlands Program received comments from one individual. Those comments are addressed in the attached responsiveness summary, "Responsiveness Summary for South Village Communities LLC, Wetland Project #2013-049." David K. Mears, Commissioner Department of Environmental Conservation E-SIGNED by Laura Lapierre by: on 2014-09-10 14:21:45 GMT Laura Lapierre, Program Manager Wetlands Program Watershed Management Division Dated at Montpelier, Vermont this tenth day of September, 2014 DM/LVPL/DBO Responsiveness Summary for South Village Communities LLC, Wetland Project #2013-049 Comments from an adjacent South Village resident were received on July 1, 2014 during the public comment period for Individual Wetland Permit #2013-049. The comments are paraphrased here to provide a representative and concise report. The paraphrased comments and ANR's responses are provided below. 1. Comment: Cumulative impacts from the use of the Quiet Path and their impacts on wetland function - "As part of the application, South Village Communities, LLC states that the residential project will or has altered the Class II wetland and the wetland buffer. Our concerns with such alterations related to both the "direct and immediate effects on the wetland" and to the "cumulative or on -going effects on the wetland" are as follows and relate to: Application Section 11.1 Specific Impacts to Wetland and Buffer Zone - Construction of Quiet Path System, most specifically the portion that will be mowed twice a year and footbridges installed to cross wetland fingers." "From the LandWorks Drawing Number L-9, "Some Notes About the Quiet Path/Walking Trail System": (in particular related to the wetland buffer mowed path) — "The system is designed to provide the most extensive network possible and to take advantage of the full extent of the undeveloped and natural areas on the property, but with a sensitivity to maintaining the integrity of those natural areas. All wetland buffers will be respected and trails will be laid out in the field to ensure conflicts with natural systems and habitats are avoided." These two statements are in direct conflict with each other and we submit that you cannot maintain the integrity of the natural systems/areas including the wildlife, the plants and the geomorphic/hydrologic properties of the wetlands and buffers with the extent of the paths planned. These paths will bisect and fragment beautiful wetland meadows and a shrub wetland running from the southern section of South Jefferson Road to the northern boundary of the property that is extensively used by various mammals and birds, both year-round residents and migratory, for feeding, breeding, and as a travel corridor." "Not having the wetland buffer path in the first place prevents the inevitable infringement on the very entity that you want to protect, the wildlife, their habitat and the wetland." 1. ANR Response*: While ANR agrees that pedestrian recreational use of the wetland and wetland buffer along the west side of the wetland complex, adjacent to the existing and proposed housing units, will affect the usage patterns of wildlife within the wetland closest to the Quiet Path, the use will be no more degrading than the routine uses associated with the existing dwellings that border the wetland buffer. These routine uses include recreational activities such as barbequing and entertaining guests, lawn mowing and landscaping, and pet activity. Routine uses, if they stay within a structured setting can be tolerated by most wildlife. Wildlife is the most threatened, 10 of 14 South Village Communities, LLC 2013-049 when human activities are not structured to stay within designated boundaries. Most wildlife will automatically create their own safe buffer to avoid contact with humans and domestic animals. Disallowing the creation of the Quiet Path could have more impact on the wildlife by encouraging "renegade" access that leads to unpredictable human use. The quiet path was developed cooperatively between the Vermont Wetlands Program, the Vermont Department of Fish & Wildlife, and the applicant to ensure the least amount of disturbance possible, while allowing recreational use of the wetland and buffer that is an unavoidable result of the 242-unit residential development. In addition, the new application provides additional protection by installing a series of fences and signs to notify users of correct use. Creating a designated path will keep users in one main corridor and allow the wildlife to adjust to use in the designated area. It is also important to note that outdoor recreational activities in wetlands such as hiking, bird watching, fishing, snowshoeing, skiing, and other similar activities are considered an allowed use (VWR § 6.09) as long as wetland flow is not altered and no dredging, draining, filling, or grading occurs. The allowed use activities are not required to be covered under a wetlands permit and therefore are not addressed in this application. In all, the combined impacts related to the creation of the quiet path are minor. The mowing is considerably less than when the property was in agricultural use and will allow the vegetation to develop around the quiet path, which will increase the horizontal complexity of the existing habitat. The applicant and ANR have worked together to maintain the integrity of the existing wildlife habitat at the highest level possible given the size of the proposed development. When residential developments are approved in close proximity to sensitive natural resources secondary impacts are difficult to avoid and measure. The current wildlife monitoring protocol is in place to monitor change over time. This information will be used to address undue adverse impacts. In accordance with the Vermont Wetland Rules, undue adverse impacts have been avoided given the avoidance, minimization, and mitigation efforts described in the permit. Because of past efforts of the VT Wetlands Office and VT Department of Fish and Wildlife the core habitat of the Great Swamp has been protected from any impacts. 2. Comment: Undependable enforcement of Quiet Path in wetland and wetland buffer - "The mowed path, accompanying split -rail fence (while a wonderful idea to keep folks in the buffer and out of the wetland), and unpredictable human presence suddenly in an area that has been undisturbed and freely used by wildlife will be avoided now, subject to compaction and all the vagaries of public use including those who walk while talking on cellphones (happens all the time) and those who do not obey the bylaws or read the signs which disallow dogs and bicycles. South Village Communities has a land management plan and bylaws which address the quiet paths including no disturbing noises, no dogs, no bicycles, and no motorized vehicles. However, having bylaws, having folks obey bylaws, and enforcing bylaws are all three different entities which often do not follow through. Making promises on paper that say `The restrictions placed on the use of the quiet paths are beneficial to wildlife and will minimize any disruptions to use of habitat, while affording people the opportunity to view wildlife.', (from the original CUD #2001- 11 of 14 South Village Communities, LLC 2013-049 274, Section 12 (D), page 7), and ensuring that those restriction are obeyed is unlikely and risky, and instead falls into the hands of citizen residents for reporting and enforcing." "Of even graver concern is the proximity of this quiet path to the city recreation path and the village sidewalk both of which allow dogs and bicycles and the very real likelihood that folks will not read, will be confused, or will flagrantly ignore the posted signs with the quiet path rules. Disobeying signage in some of the city parks is an unfortunate and common reality." 2. ANR Response: As stated above, the activities that will take place along the Quiet Path are considered an allowed use of the Vermont Wetland Rules (VWR §6.09). As an additional precaution, South Village Communities has agreed to monitor use of the Quiet Path. This responsibility will eventually fall onto the homeowners association. Our hope is that with homeowners like the Commentor and others who appreciate the many functions of the wetland complex and surrounding uplands, a peer -managed system of Quiet Path use compliance will be upheld. It is only when there is a clear violation of the Vermont Wetland Rules that the Vermont Wetlands Program may be involved in enforcement. 3. Comment: Compaction of soils in path "Of further concern and albeit difficult to ascertain from the map drawings, it appears that in several areas there will not be 50 feet of buffer on either side of the quiet path. This is very significant given the potential path compaction and all the inherent effects on soil and plant communities. Compaction and bisection are also a potential serious concern for the meadow vole trails that wind extensively through the wetlands and buffer areas and are an important food source for several wildlife species, (extensive photographic documentation is available)." 3. ANR Response: The quiet path does not require a 50 foot buffer and was located to have the least amount of wetland impact. The areas where the path crosses wetland and buffer are in the most disturbed and degraded parts of the wetland and occur in the two smaller Class II wetlands adjacent to the Great Swamp. Wetland soils are not predicted to be influenced by the traffic of pedestrians and domestic pets in a way that will impact the overall function and hydrology of the wetland. The wetland and buffer soils are a clay and silty clay that are already very compact in nature. The vegetation within the trail is not expected to function at the same level of the adjacent vegetation because people will be using it as a path. There is no evidence to suggest that a path through this area will have an undue adverse impact on wetland functions and values including the meadow vole population. The vole should be able to move through the vegetation in the path during the summer months and locate its underground burrows anywhere in the fields adjacent to the trails. The activity of the meadow vole is generally nocturnal so should not be strongly influenced by the use of the trail. 12 of 14 South Village Communities, LLC 2013-049 4. Comment: Duplicative effort of locating the Quiet Path alongside stormwater ponds east of the southern section of South Jefferson Road — "The most southern part is entered via the future paved city recreation path on lower South Jefferson Road near the multi -unit buildings. The recreation path and village sidewalk will be elevated due to the natural existing slope above the wetland area and also west of two proposed stormwater ponds. The quiet path will be east of these stormwater ponds and is purely duplicative, offers zero viewing advantage, and further disrupts a beautiful natural shrub area (although in need of buckthorn removal) rich with songbird and other wildlife activity." "Not having this part of the quiet path eliminates the impact on the wetland buffer and wetland and the potential conflict with and impingement on wildlife." 4. ANR Response: The Quiet Path along the east boundary of the stormwater ponds will be located on top of the stormwater pond berms and poses no additional impact to wetland function and value beyond the construction of the stormwater ponds themselves. This section of the path is elevated from and adjacent to a dense shrub community that would be very difficult to access from the path. The use of the path in this area will likely cause no more disturbance than the adjacent road and housing units to the west. 5. Comment: Proximity of path to nesting of the American Bittern near lots 58, 59, and 60 and habitat of other wetland dependent species - "Just north of this and near Lots 60, 59 and 58 the planned quiet path would traverse near a wetland stream area (south-southwest of the present large stormwater pond) where the American Bittern has historically nested." "From this website: #http://www.vtfishandwildlife.com/cwp_elem_Comm_wet.cfm: `Fish and wildlife that depend on wetlands for their survival tend to be easily disturbed or negatively affected by human activities. Residential development, for instance, close to a marsh that supports wading birds such as herons and bitterns is incompatible. Domestic activities normally associated with residential development can cause disturbance, temporary displacement, or complete abandonment of the wetland by a variety of sensitive wetland -dependent wildlife.' `For instance, wetlands that provide habitat for breeding and nesting waterfowl or for wading birds may require a wide undeveloped buffer (e.g., 300 feet) to adequately ensure that the habitat functions will be maintained."' "This part of the path would be well within 300 feet of this nesting territory and for continued presence and success of this species this part of the path would have to be closed from April through September. "We are not sure how residents or member of the public would react to this and it may be an impossible task. 13 of 14 South Village Communities, LLC 2013-049 "Further north, the mowed quiet path would also pass through the wetland meadows very close to where this reclusive and shy bird likes to forage for food. It is almost a certainty that this species will abandon South Village as a home if this path is constructed. The American Bittern nested successfully two years ago in the above described area producing one offspring. We do not think the bird stayed in the area last year (active construction near the nesting site). This year we have heard the male call from May until about the third week in June but do not know if there is a female present and nesting. We have only seen one bird at a time this year, three times, twice in flight and once foraging on the southern side of the large stormwater pond. We have not seen it foraging in the wetland meadow east of Phase 1 as it (they) did in 2012." 5. ANR Response: The existing stormwater pond east of Lot 58 is a previously permitted stormwater pond that serves the existing housing units. This pond is not a natural pond, nor is it high quality habitat for wetland dependent species such as the American Bittern. The pond has an access road and will be routinely maintained and dredged throughout the entirety of its existence. The stormwater pond is not a preferred aquatic habitat because of these reasons, but can provide a home for aquatic insects, amphibians and fish if stocked, which in turn provides a food source for birds. The pond also provides a resting area for migrating waterfowl. This is likely why birds and other wildlife are seen here. The status of the American Bittern has increased 71% since the publication of the first Vermont Breeding Bird Atlas and is no longer a species of Special Concern as of April 2010. The area of the Quiet Path that crosses the wetland and buffer is minimal compared to the remainder of the open grasslands and cattail marsh in the wetland and upland that will remain undeveloped and undisturbed. There is no evidence to suggest that the use of the quiet path will lower the breeding success of the bittern. Use of the path may cause the bittern to retreat towards the core habitat of the wetland or become more stealth in its activities — making it less visible to human observation, but still present. Like most birds, the bittern will establish where human activity is more common and adjust its territory and activity accordingly. This behavior does not necessarily translate into nesting failure or loss of significant habitat area. The Quiet Path would impose no more of a disturbance to the wildlife than the existing stormwater pond, houses, and roads. As construction quiets and uses become more uniform, wildlife will resume their prior routines. Protecting the interior and large core habitat of the Great Swamp will provide wildlife with refuge from any temporary disturbance. In addition, the American Bittern is included in the South Village Wildlife Monitoring Protocol. 6. Comment: Question of deer wintering yard and path encroaching on the 300-ft buffer of the Great Swamp - "The next part of the quiet path entered from East Jefferson Road comes extremely close to and what appears to also partly be in a 300 foot "no development" zone crossing the wetland near future Phase 3. This no development area should also preclude the construction of a quiet path to secure the integrity of this wetland area which encompasses the impaired Munroe Brook." "One last note is in reference to the quiet path in the wooded area near the Great Swamp on the eastern boundary of South Village. There is supposed to be a 300 foot buffer area towards the west from the Great Swamp boundary. However, from the map drawings included with the 14 of 14 South Village Communities, LLC 2013-049 application, it appears that the most eastern loop of the path is well within this 300 foot width. The particular area in the woods that this section of the path traverses also has a high amount of pellet piles and appears to be, and actually would make, a good white-tailed deer wintering yard. We are wondering if this area was included in the Gilman & Briggs wildlife surveys, and if not perhaps it should be reassessed and the path eliminated on that side. There are plenty of other proposed loops in this woodland area. Section 19 Wildlife Habitat of the Application does not have the box checked for `Supports winter habitat for white-tailed deer. "' 6. ANR Response: According to Vermont Wetlands Program CUD #2001-274, the Department of Fish and Wildlife recommended that large buffers (300 feet) were retained around the wetlands on the project, which was a recommendation, not a requirement. This was done for the Great Swamp and the easterly side of the subject wetland with minimal exceptions in areas that it was unavoidable. Altogether the wetlands, buffers, and intervening uplands on the easterly side of the property form a large block of contiguous habitat that was approved by the Vermont Department of Fish and Wildlife. Only a very small portion of the Quiet Path north of East Jeffersonville Road crosses the wetland and buffer to access the upland island. The Wetlands Program has jurisdiction only over the wetland and 50 foot buffer in this area and asked the applicant to relocate the path to avoid the wetland buffer impacts along the east and west sides of the wetland south of the crossing. The Vermont Wetlands Program also required signage indicating wetland boundaries in this area. There is no evidence to show that the described area is a significant deer wintering yard as observed during the wildlife monitoring by Gilman & Briggs Environmental, LLC and as evaluated by the Vermont Department of Fish and Wildlife. *Of note for all comments: The application submitted by South Village Communities, LLC, for WP#2013-049 is a resubmittal for an expired Conditional Use Determination #2001-274. The creation of the Quiet Path and the 242-unit residential development were previously approved and amended by ANR through WP#2001-274 and approved on May 1, 2006 and amended April 9, 2009. The CUD expired on April 30, 2012. The new application affords stronger protections to the wetlands and buffers than the previous CUD. IRREVOCABLE OFFER OF DEDICATION AGREEMENT by and between South Village Communities, LLC, hereinafter referred to as the "Owner", and the City of South Burlington, hereinafter referred to as the "Municipality". WITNESSETH: WHEREAS, the City of South Burlington Development Review Board granted final plat approval as evidenced by Findings of Fact and Order dated , for the planned communities known as South Village East Jefferson Road rights -of -way; and WHEREAS, the approval of the City of South Burlington Development Review Board contained the condition that the Owner submit a Warranty Deed for the roadway depicted on the approved plat of land, which roadways are to be known as East Jefferson Road, to be dedicated to the Municipality; and WHEREAS, the above -described roadways are to be dedicated to the Municipality free and clear of all encumbrances, pursuant to said final approval and plat of land; and WHEREAS, the Owner has delivered to the Municipality an appropriate deed of conveyance for the above -described roadways; NOW THEREFORE, in consideration of the final approval of the City of South Burlington Development Review Board and for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner herewith delivers to the Municipality a Warranty Deed for the roadways attached as Exhibit A hereto, said delivery constituting a formal offer of dedication to the Municipality to be held by the Municipality until the acceptance or rejection of such offer of dedication by the legislative body of Municipality. 2. The Owner agrees that said formal offer of dedication is irrevocable and cannot be withdrawn, amended, conditioned, or modified whatsoever, and can be accepted by the Municipality in whole or in part at any time only by formal acceptance by the City Council and recordation of the Warranty Deed in the City of South Burlington Land Records. 3. This Irrevocable Offer of Dedication shall run with the land and shall be binding on all assigns, grantees, successors and/or heirs of the Owner, and may be released only by a written release signed by the Municipality and recorded in said Land Records. 4. Nothing herein or in the Development Review Board approval shall obligate the Municipality to accept said offer or to assume any responsibility or liability as owner, or otherwise, of said roadway. Dated at South Burlington, Vermont this day of , 2015. South Village Communities, LLC STATE OF VERMONT its Duly Authorized agent COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of 2015, , Duly Authorized Agent of South Village Communities, LLC, 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 South Village Communities, LLC. Before me, Notary Public My commission expires: _//20_ Exhibit A WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS that South Village Communities, LLC, a Vermont limited liability company with its principal place of business in Williston, in the County of Chittenden and State of Vermont, Grantor, in the consideration of ----- TEN AND MORE ----- Dollars paid to its full satisfaction by the City of South Burlington, a municipality organized and existing under the laws of the State of Vermont with its principal place of business in South Burlington, in the County of Chittenden and 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, a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being the roadways depicted on a plan of land entitled [To be inserted later], and recorded in Map Slide of the City of South Burlington Land Records. Said roadways are to be known as East Jefferson Road. Also conveyed herewith are all lights, sidewalks and recreation paths within said roadways. Grantor reserves the right to construct, install, maintain and replace utility lines under and along said roadways for the transmission of electricity, telephone, cable television, water, sewer, footing drains and storm drains and the installation of force mains and any other utilities to service the future planned communities known South Village Phase Ill, as outlined in the City Master Plan approval MP-05- 02. The construction and installation of said utilities shall be in accordance with the permits granted by the City of South Burlington and State of Vermont. With respect to all utilities except water and sewer, the rights Grantor reserves herein shall terminate upon the City's acceptance of the roadways. Being a portion of the land and premises conveyed to South Village Communities, LLC by Warranty Deed from Paul R. Calkins dated November 29, 2007, and recorded in Volume 801, Pages 465-466 of the City of South Burlington Land Records, and in Volume 348, Pages 416- 417 of the Town of Shelburne Land Records. That portion of South Village located in the Town of Shelburne is a small triangular parcel of undeveloped land. Said land and premises are subject to the terms and conditions of Land Use Permit No. dated and recorded in Volume at Page of said Land Records, Wastewater System and Potable Water Supply Permit No. dated and recorded in Volume at Page of said Land Records, and City of South Burlington Development Review Board Findings of Fact and Order dated and recorded in the City of South Burlington Zoning Files. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, the City of South Burlington, its successors and assigns, to their own use and behoof forever; And the said Grantor, South Village Communities, LLC, for itself and its successors and assigns, does covenant with the said Grantee, the City of South Burlington, and its successors and assigns, 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; except as aforesaid. It does hereby engage to WARRANT AND DEFEND the same against all lawful claim whatever, except as aforesaid. IN WITNESS WHEREOF, the undersigned Duly Authorized Agent of South Village Communities, LLC hereunto sets his hand and seal this day of 2015. By: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. South Village Communities, LLC its Duly Authorized Agent At South Burlington, in said County and State, this day of 2015, , Duly Authorized Agent of South Village Communities, LLC, 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 South Village Communities, LLC. Before me, HASV KSUHDMSVty, Modo-VOOD WD m Ciy (od.)-pd Notary Public My Commission Expires: _/_/20_ F•U = Cr� CITY CLERK'S OFFICE Received Apr 09,r2015 12.40P Recorded in VOL: 1261 PG' 82 LIP 3 OF -So. Burlinston Lnnd Records Attf--ac : Gonna Kinville C:it, Clerk 00034397 NOTICE OF CONDITIONS OF SUBDIVISION APPROVAL 1/V : 1?61 WHEREAS, Sterling Construction, Inc., a Vermont Corporation, is the successor in interest to South Village Communities, LLC (hereinafter "Owner"), and is one of the builders of homes in the "South Village" Community, located at 1840 Spear Street, in the City of South Burlington, Vermont, and; WHEREAS, Owner obtained approval from the South Burlington Development Review Board for the three -lot subdivision of Lot 45, the addresses of which are 119, 123 and 127 South Jefferson Street, as shown on a plan entitled "Lands of Sterling Construction, Inc., Frost Street & Madison Ln., South Burlington, VT, Lot 45 Townhouses" prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated January 15, 2015 ("the Plat") and recorded at Map Slide 5$3 of the City of South Burlington Land Records (the "Property" herein) by a Findings of Fact and Decision on Final Plat Application #SD-15-06 of the Development Review Board, dated March 20, 2015 (the "Decision"); and WHEREAS, the Decision imposes certain conditions on the Property; NOW THEREFORE, Owner hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the Property unless or until modified or removed by the South Burlington Development Review Board or its successor: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the Plat and in accordance with the terms and conditions of the Decision. 3. For purposes of planning and zoning and compliance with the City of South Burlington's ordinances and regulations now in effect or hereafter amended or adopted, including zoning and subdivision regulations, the three (3) lots included in the subdivision shall be considered one (1) single, 13,186 sq. ft. parcel of land. Owner covenants and agrees that for purposes of compliance with and application of the City of South Burlington ordinances and regulations, including zoning and subdivision regulations (for example: for application of lot coverage and setback requirements), i-i0034397 V 6 1261 PG = 83 the Property shall continue to be regarded as a single parcel of land, even if Lot 45 and/or the buildings constructed thereon are conveyed to separate owners. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5. Any changes to the Plat shall require approval of the South Burlington Development Review Board. 6. This Notice of Conditions shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the Property, any of the Property's constituent lots, or an interest in the Property, or in any deed for the Property's constituent lots. 7. This Notice of Conditions shall be binding upon the Owner and the Owner's successors and assigns. Dated at South Burlington, VT this % day of April, 2015. STERLING CONSTRUCTION, INC. B:7, A Duly authorized agent STATE OF VERMONT ) COUNTY OF CHITTENDEN) ss. At Burlington, on this _L day of April, 2015, Bartlett H. Frisbie duly authorized agent of Sterling Construction, Inc. personally appeared before me, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed and the free act and deed of Sterling Construction, Inc. Before me,� Notary Public My Commission Expires a - 1 d - 1 tk 5685736 1:10935-00034 ```�y�F�Sitstttet�E,:t�f. f ti C" Y .. END OF DQCUMENT l SECOND AMENDED AND RESTATED IRREVOCABLE OFFER OF DEDICATION SOUTH VILLAGE This AGREEMENT is made this 0 day of April, 2015 by and between SOUTH VILLAGE COMMUNITIES, LLC, a Vermont limited liability company with an office in the City of South Burlington, County of Chittenden and State of Vermont (hereinafter referred to as "South Village'), SMSDC, LLC a Vermont limited liability company with an office in the Town of Williston, County of Chittenden and State of Vermont (hereinafter "SMSDC") (hereinafter South Village and SMSDC shall be referred to collectively as "Owner"), and the CITY OF SOUTH BURLINGTON, a Vermont municipality located in the County of Chittenden and State of Vermont (hereinafter referred to as "City"). WITNESSETH: WHEREAS, the City's Development Review Board ("DRB") previously approved a final subdivision plat entitled "South Village, Spear Street and Allen Road, South Burlington, VT, Phase I Subdivision Plat," prepared by Civil Engineering Associates, Inc., dated July 2004, last revised May 16, 2007 and August 8, 2007, consisting of three (3) sheets labeled SI.3, S1.3A, and S1.3B, recorded at Map Slide 503, Page 3 and Map Slide 506, Pages 4-5 of the City of South Burlington Land Records (the "2007 Plan"); and WHEREAS, on December 19, 2013, the DRB approved a final. subdivision plat entitled "South Village, Spear Street and Allen Road, South Burlington, VT, Phase I Subdivision Plat" prepared by Civil Engineering Associates, Inc., dated July 2004, last revised November 14, 2013, to be recorded in the South Burlington Land Records (the "2013 Plan"); and WHEREAS, the terms and conditions of the final approval of the DRB, dated May 3, 2006, as subsequently revised by the terms and conditions of the State of Vermont Environmental Court Consent Decree & Order filed Febi uaty 12, 2007 in In re: Appeal of Skip & Denise Vallee, Docket Nos. 27-2-06 Vtec, 111-5-06 Vtec, 116-5-06 Vtec, 74-4-05 Vtec, and 196-8-06 Vtec, requires that the Owner dedicate to the City certain streets and roadways, waterlines, drainage/storinwater easements (which will be conveyed to the City in accordance with the City of South Burlington Stormwater Ordinance, and pursuant to a separate instrument, which the Owner hereby irrevocably agrees to execute and deliver to the City ) and recreation path easements all as shown and depicted on the Plan; and WHEREAS, South Village applied for an Amendment to the 2007 Plan, consisting primarily of the (i) relocation of seven lots, and (ii) re -subdividing two of the three lots; and WHEREAS, the DRB issued an approval on December 19, 2013 requiring (i) changes in the boundaries and sizes of Lots 23, 26A, 29, 30, 31, 39, 39A, 40 and 49; (ii) re -subdivision of Lots 39 and 40 into three lots (39, 40 and 39A); (iii) moving the right-of-way for Chipman Street five (5) feet to the south, as depicted on the 2013 Plan; and (iv) moving the right of way for Madison Lane one (1) foot to the north, as depicted on the 2013 Plan. 141! WHEREAS, the terms and conditions of the DRB's December 19, 2013 approval require the above -referenced streets and roadways, easements and other interests to be dedicated to the City free and clear of al l liens and encumbrances; and WHEREAS, South Village previously delivered to the City Warranty Deeds of conveyance for the above -described streets, roadways, easements or interests therein as shown on the 2007 Plan as evidenced by an Irrevocable Offer of Dedication dated October 12, 2007 and October 15, 2007 and recorded in Volume 798, Page 240 of the South Burlington Land Records; and as amended by an Amended and Restated Irrevocable Offer of Dedication last dated January 21, 2014 and recorded in Volume 1203, Page 106 of the South Burlington Land Records; and WHEREAS, the City's Department of Planning and Zoning issued a Site Plan Approval, #SP 15-09 on March 23, 2015, (the "March 2015 Decision") to amend a previously approved plan to, among other things, revise both the width of South Jefferson Road and the lot configuration between Lot 48 (owned by South Village) and Lot 50 (owned by SMSDC) as approved under Administrative Decision # AD-15-01 issued on March 17, 2015, as shown and depicted on a final subdivision plat entitled "South Village, Spear Street and Allen Road, South Burlington, VT, Phase I Subdivision Plat" prepared by Civil Engineering Associates, Inc., dated July 2004, last revised February 26, 2015, to be recorded in the South Burlington Land Records (the "2015 Plan'); and WHEREAS, the terms and conditions of the March 2015 Decision require the Owner submit for review and approval an Amended Irrevocable Offer of Dedication and new deeds for the roadways and the recreation path easement reflecting the lot line changes; and WHEREAS, simultaneous herewith the Owner has delivered to the City Warranty Deeds of conveyance for the above -described street, roadways, recreation path easement or interests therein as shown on the 2015 Plan, unexecuted copies of which are attached hereto as "Exhibit A", "Exhibit B-I", and "Exhibit B-2" which the City can record upon its acceptance of said easement, street and other property interests asI evidenced by this Second Amended and Restated Irrevocable Offer of Dedication, dated April 2015, and to be recorded in the South Burlington Land Records. ��� NOW, THEREFORE, in consideration of the terms and conditions of final approval of the City's Development Review Board and Department of Planning and Zoning and for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner herewith delivers to the City Warranty and Easement Deeds, unrecorded copies of which are attached hereto as "Exhibit A" (Roads and Streets), "Exhibit B-1" (from South Village) and "Exhibit B-2" (from SMSDC) (Recreation Path), said delivery constituting formal offers of dedication to the City of the respective property, easements and interests, the same to be held by the City until the acceptance or rejection of each such offer of dedication by the City Council. 2. The Owner agrees that the formal offer of dedication as described in "Exhibit A," "Exhibit B-l" and "Exhibit B-2" are irrevocable, and each can be accepted or rejected by the / 001 -334497 ) V : 1262 PG: 142 City individually at any time. Owner covenants and agrees that it shall obtain discharges of all liens and encumbrances on Owner's property comprising the offered properties/property rights if and at such time as the City determines it may accept the offered property. 3. This Second Amended and Restated hrrevocable Offer of Dedication shall run with the land and shall be binding upon the Owner and all assigns, grantees, and successors of the Owner. 4. By the parties' execution and recordation of this Second Amended and Restated Irrevocable Offer of Dedication, the Owner and the City hereby agree that "Exhibit A," "Exhibit B-1" and "Exhibit B-2" shall replace "Exhibit A" and "Exhibit B" of the Amended and Restated Irrevocable Offer of Dedication last dated January 21, 2014. SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By:Q� Duly uthorized Agen STATE OF VERMONT COUNTY OF CHITTENDEN At0 IY-- CI , in said County and State, this day of 1r 1 2015, personally appeared Robin Jeffers, Duly Authorized Agent of Spear & Allen, LLC, Managing Member of SOUTH VILLAGE COMMUNITIES, LLC, and she acknowledged the within instrument, by her subscribed, to be her free act and deed and the free act and deed of Spear & Allen LLC and SOUTH VILLAGE COMMUNITIES, LLC. )1 Before me, Notary —Public Commission Expires: 2/10/2019 SMSDC, LLC By. Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN At , in said County and State, this � day of 1 2015, personally appease 1 �r�Duly Authorized Agent of SMSDC, LLC, and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of SMSDC, LLC. Before me,. L��- d - H Notary Public gn Commission Expires: 2/10/2019, • yt' CITY RLING By: y Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN At South Burlington, in said County and State, this ILI day of j , 2015, personally appeared ►�,� ;,, �,,,� , Duly Authorized Agent of the Ci of South Burlington, and he/s,keacknowledged the within instrument, by him/lVic subscribed, to be his/1A- fi•ee act and deed and the free act and deed of the City of South Burlington Before me, (w� SZ L ®cam Notary Public IT Commission Expires: 2/10/2019 4 EXHIBIT A WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS THAT SOUTH VILLAGE COMMUNITIES, LLC, a Vermont limited liability company Willi an office in the City of South Burlington, in the County of Chittenden and State of Vermont ("Grantor"), in consideration ofpayment of TEN AND MORE Dollars paid to its fill satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does fi•eely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee and its successors and assigns forever, certain parcels of land owned by Grantor in fee supple and situated in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: The following strips of land as depicted on a final subdivision plan entitled "South Village, Spear Street and Allen Road, South Burlington, VT, Phase I Subdivision Plat, Sheet S 1.3" prepared by Civil Engineering Associates, Ina, dated July 2004, last revised February 26, 2015 and recorded in Map Slide , Page _ of the City of South Burlington Land Records hereinafter referred to as the "Plan": ALLEN ROAD EAST That strip of land depicted as "Allen Road East" as shown on the Plan. The centerline of said road or street being more particularly described as follows: Beginning in the easterly sideline of Spear Street as it passes between Lots 1 and I IA, thence running generally easterly for a total lengfli of 935.23 feet, more or less, to Its easterly terminus and intersection with "South Jefferson Road". That portion of Alien Road East beginning at the easterly sideline of Spear Street and proceeding easterly a distance of 43192 feet, more or less, sliall have a uniform width of 66 feet; thereafter Allen Road East shall have a uniform width of 60 feet. "Allen Road East" abuts the following lots as shown on the Plan: Lots 1, 2, 6, 10, 10A, 1013, 11, 11A and 12. SPEAR STREET W)DENING A strip of land 14 feet, more or less, wide and 200 feet, more or less, long located along the westerly boundary of Lot 1 in the northwesterly corner of said Lot 1, as shown and depicted on the Plan, is included in this conveyance, for use by the City for expansion of Spear Street. SOUTH JEI+FERSON ROAD That strip of land depicted as "South Jefferson Road" as shown on the Plan. The centerline of said road or street being more particularly described as follows: Begintung at tite easterly sideline of Spear Street as it passes between Lots 1 and 48, thence running generally easterly, then northerly for a total length of 2,097.8 feet, more or less, to its terminus and intersection with the northerly sideline of Allen Road East. That portion of South Jefferson Road beginning at the easterly sideline of Spear Sheet and proceeding easterly a distance of 255.09 feet to the point of intersection with Chipman Street shall have a uniform width of 50 feet, thence widening though the next 52.36 feet to a width of 52 feet, tlience having a uniform width of 52 feet for the next 553.93 feet thereof, to i i=i s i p . 9? �-- 1 2 2 .' ice - 14 the point at which South Jefferson Road turns to the left and runs northerly a distance of 450.58 feet, more or less, and at a uniform width of 50 feet, to the traffic circle/roundabout situated at the intersection of South Jefferson Road and Chipman Street; thence continuing at variable width through said traffic circle/roundabout for 115.59 feet; thence continuing northerly a distance of 772.60feet more or less, and at a uniform width of 60 feet to its point of termuius at tine intersection with the northerly sideline of Allen Road East. "South Jefferson Road" abuts the following lots as shown oil the Plan: Lots 1, 5F, 12,14,15, 17, 28, 31A, 34, 39, 42, 44, 46, 47, 48, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61 and 62. NORTH JEFFERSON ROAD That strip of land depicted as "North Jefferson Road" as shown on the Plan. The centerline of said road or street being more particularly described as follows: Beginning at the intersection of the northerly terminus of South Jefferson Road and the northerly sideline of Allen Road East, then sunning generally north, for a total length of 253.5 feet, more or less, to the limit of "Phase I" of South Village, so-called. The uniform width of this roadway shall be 60 feet. North Jefferson Road abuts the following lots as shown on the Plan: Lots It, 48, 51, 52 and 53. In addition to the North Jefferson Road right of way described above, a temporary easement, described and depicted as "Temporary Easement Serving Homeowner's Association" on the Plan shall be granted to the City of South Burlington for the westerly portion of the cul-de-sac at the Phase I limit of North Jefferson Road. Said easement is to be terminated upon fixture extension of this roadway. CHIPMAN STREET That strip of land depicted as "Chipman Street" as shown on the Plan. The centerline of said road or street being more particularly described as follows: Beginning in the northerly sideline of "South Jefferson Road" as it passes between Lots 5F and 39, thence running generally northerly and then turning to the right easterly for a total length of 880.28 feet, more or less, to the traffic circle/roundabout situated at the intersection of "South Jefferson Road," and the easterly terminus of Chipman Street. Chipman Street shall have a uniforms width of 52 feet throughout. "Chipman Street" abuts the following lots as shown on the Plan: Lots 5, 5A, 5B, 5C, 5D, 5E; 5F, 23, 26A, 29, 30, 31, 31A, 32, 33, 34, 35, 37 and 39. A1KCN STREET That strip of land depicted as "Aiken Street" as shown on the Plan, The centerline of said road or street being more particularly described as follows: Beginning in the southerly sideline of "Allen Road East" as it passes behveen Lots 2 and 6, thence running generally southerly for a total length of 726.35 feet, more or less, to the northerly sideline of "Chipman Street" as it passes between Lots 5 and 23, and having a uniform width of 52 feet. "Aiken Street" abuts the following lots as shown on the Plan: Lots 2, 2A, 3, 4A, 4B, 5, 6, 7, 18, 20, 21 and 23, ra SLADE STREET That strip of land depicted as "Slade Street" as shown on the Plan. The centerline of said road or street being more particularly described as follows: Beginning in the southerly sideline of "Allen Road East" as it passes between Lots 6 and 10, thence running generally southerly for a total length of 632.46 feet, more or less, to the northerly sideline of"Chipman Street" as it passes between Lots 26A and 31A, and having a uniform width of 52 feet, except at its northerly terminus at "Allen Road East" where its width is 56.66 feet, more or less, as shown on the Plan. "Slade Street" abuts the following lots as shown on the Plan: Lots 6, 9, 10, 13, 15, 16, 19, 20, 22, 26, 26A, 27 and 31A. DEWEY PLACE That strip of land depicted as "Dewey Place" as shown on the Plan. The centerline of said road or street being more particularly described as follows: Beginning in the easterly sideline of "Aiken Street" as it passes between Lots 6 and 7, thence running generally easterly for a total lengtli of 186.04 feet, more or less, to the westerly sideline of "Slade Street" as it passes between Lots 6 and 9, and having a uniform width of 50 feet, except at its westerly terminus where its width is 50.90 feet, more or less, as shown on the Plan. "Dewey Place" abuts the following lots as shown on the referenced plat: Lots 6, 7, 7A, 8 and 9. FROST STREET That strip of land depicted as "Frost Street" as shown on the Plan. Tire centerline of said road or sheet being more particularly described as follows: Beginning at the southerly sideline of Chipman Street as it passes between Lots 31 and 32, thence running generally southerly for a total length of 427.83 feet, more or less, to the northerly sideline of South Jefferson Road as it passes between Lots 49 and 47, and having a uniform width of 52 feet. "Frost Street" abuts the following lots as shown on the referenced plat: Lots 31, 32, 36, 38, 40, 41, 43, 45, 47 and 49. Tire above -referenced streets and rights -of way being a portion of the lands and premises conveyed to the within Grantor by Warranty Deed of Paul R. Caulkins, Trustee of the Downing -Calkins Revocable Trust, dated December 2, 1997, and recorded in Volume 419, Page 454 of file City of South Burlington Land Records and recorded on December 18, 1997 in Volume 210, Page 106 of the Town of Shelburne Laud Records. This Deed, and any individual deeds that the Grantor may provide to the Grantee for file conveyance of streets and roadways within Phase I of the South Village Project, shall each be and act as a Bill of Sale to convey to (lie Grantee all of the Grantor's right, title and interest in and to any subsurface water, stormwater drainage and sewerage lines, valves, equipment and any appurtenances thereto, located within the deeded rights) -of - way, together with all sidewalks, hydrants and curbing constructed therein, TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoof forever; and the said Grantor, for itself and its successors and assigns, does 3 00034497 �-- 1262 PG: 147 covenant with the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, that until the ensealirng 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 ace FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawfirl claims whatever, except as aforesaid. IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed this day of April, 2015. SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member M. STATE OF VERMONT COUNTY OF CHITTENDEN, ss: Its Duly Authorized Agent At Burlington, in said County and State, this day of April, 2015, personally appeared Robin Jeffers, Duly Authorized Agent of Spear & Allen, LLC, Managing Member of SOUTH VILLAGE COMMUNITIES, LLC., and she acknowledged the within instrument, by her subscribed, to be her free act and deed and the free act and deed of Spear & Allen, LLC and SOUTH VILLAGE COMMUNITIES, LLC. Before me, Notary Public Conunission Expires: 2/10/2019 4 i it 11134 497 ) ale 1262 F*G = 148, Exhibit B-1 RECREATIONAL PATH EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS THAT SOUTH VILLAGE COMMUNTIES, LLC, a Vermont limited liability company with an office hi the City of South Burlington, in file County of Chittenden and State of Vermont ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its frill satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a perpetual easement and right -of --way for the purpose of constructing, repairing, replacing and maintaining a recreational pathway for public use over, on and through land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz; Strips of land.twenty (20) feet in uniform width depicted variously as "20' Recreation Patti Easement," "20' Recreation Path Easement to City" "Rec. Path 20' Easement" and "20' Rec. Path Ease. to City" on that certain plan entitled "South Village, Spear Street and Allen Road, South Burlington, VT, Phase I Subdivision Plat, Sheet 513' prepared by Civil Engineering Associates, hic., dated July 2004, last revised February 26, 2015 and recorded in Map Slide _, Page — of the City of South Burlington Land Records. The exact location of the if Recreation Patti Easement will be fixed by and centered oil the location of the Recreation Path as actually constructed. 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 Iimited to, motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used for medical emergencies, motor -driven wheelchairs for the use of handicapped persons consistent with the purpose of this easement and by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored as near as reasonably practicable to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors that it will indemnify and (told the Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this casement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the frill benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right-of-way five feet on+cach side of said permanent easement and right-of-way is hereby granted, together with the riglit to enter onto other lands of Grantor proximate to the easement area. Said temporary easement and right-of-way shall expire once construction is completed and the recreational pathway is open 1 s=�> -01--- 4497 � = 1262 1 i3 - 149 Exhibit B-1 RECREATIONAL PATH EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS THAT SOUTH VILLAGE COMMUNTIES, LLC, a Vermont limited liability company with an office in the City of South Burlington, in the County of Chittenden and State of Verniont ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its fall satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of constructing, repairing, replacing and maintaining a recreational pathway for public use over, on and through land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Strips of land .twenty (20) feet in uniform width depicted variously as "20' Recreation Path Easement," "20' Recreation Path Easement to Cite" "Rec. Path 20' Easement" and "20' Rec. Path Ease. to City" on that certain plan entitled "South Village, Spear Street and Allen Road, South Burlington, VT, Phase I Subdivision Plat, Sheet 51.3" prepared by Civil Engineering Associates, Inc., dated July 2004, last revised February 26, 2015 and recorded in Map Slide _, Page _ of the City of South Burlington Land Records. The exact location of the aforementioned Recreation Path Easement will be fixed by and centered on the location of the Recreation Path as actually constructed. Said easement and right-of-way shall be used by tine public as a recreational and bicycle pathway subject to the condition that no motorized traffic, including, but not limited to, motorcycles, trail bikes and snoewnobiles, shall be allowed to use the pathway, except motorized vehicles used for medical emergencies, nnotor-driven wheelchairs for the use of handicapped persons consistent with the purpose of this easement and by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway, Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored as near as reasonably practicable to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to tine City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right -of --way five feet onicach side of said permanent easement and right-of-way is hereby granted, together with the right to enter onto other lands of Grantor proximate to the casement area. Said temporary casement and right-of-way shall expire once construction is completed and the recreational pathway is open 001-13- 4497 ) V : 1262 PG -- 1 �,1_1 to the public. The within Grantor, its successors and assigns, shall have the right to make Ilse of (lie surface of the right-of-way and easement such as shall not be inconsistent with the ttse of said right- of-way, but specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's propetty shall not be inconsistent with (lie use of this easement by the Grantee. Being a portion of the lands and premises conveyed to the Grantor by Warranty Deed of Paul R. Caulkitns, Trustee of the Downing -Calkins Revocable Trust, dated December 2, 1997, and recorded in Volume 419, Page 454 of the City of South Burlington Land Records and recorded on December 18, 1997 in Volume 210, Page 106 of the Town of Shelburne Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in fiirther aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoove forever; And the said Grantor, for itself and its successors and assigns, does covenant with tine said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, that until file enseaiing of these presents it is the sole owner of the premises, and has good fight and title to convey the same in matuner aforesaid; that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed this day of , 2015. SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: Duly Authorized Agent STATE OF VERMONT COUNTY OF CRITTENDEN At , in said County and State, thus day of 2015, personally appeared Robin Jeffers, Duly Authorized Agent of Spear & Allen, LLC, Managing Member of SOUTH VILLAGE COMMUNITIES, LLC, and she acknowledged the within instrument, by her subscribed, to be leer free act and deed and the free act and deed of Spear & Allen LLC and SOUTH VILLAGE COMMUNITIES, LLC. 'Before me, Notary Public Commission Expires: 2/10/2019 131-ri=134497 ) '- 1.J'�- 6 2 ='G -- 151 Exhibit B-2 RECREATIONAL PATH EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS THAT SMSDC, LLC, a Vermont limited liability company with an office in the To�«i of Williston, in the County of Chittenden and State of Vermont ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its full satisfaction by the CITY OF SOUTI4 BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of constructing, repairhig, replacing and maintaining a recreational pathway for public use over, on and tlu•ough land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz; Being a strip of land along the easterly boundary of Lot 50 as depicted oil that certain plan entitled "South Village, Spear Street and Allen Road, South Burlington, VT, Phase I Subdivision Plat, Sheet 51.3" prepared by Civil Engineering Associates, lnc., dated July 2004, last revised February 26, 2015 and recorded in Map Slide Page of the City of South Burlington Land Records. The exact location of the aforementioned Recreation Path Easement will be fixed by and centered on the location of the Recreation Path as actually constructed, 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 file pathway, except motorized vehicles used for medical emergencies, motor -driven wheelchairs for the use of handicapped persons consistent with the purpose of this easement and by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational padiNvay, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense, Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement sliall be restored as near as reasonably practicable to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors that it will indemnify and hold the Grantor harmless, to the full lit -nits of liability insurance that it customarily maintains, for any injury or damage resulting fioin the public use of said right-of-way not attributable to acts of the Grantor, Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S,A. Section 2309, For purposes of construction a temporary easement and right-of-way five feet on each side of said permanent easement and right-ofway is hereby granted, together with the right to enter onto other lauds of Grantor proximate to the easement area. Said temporary easement and right -of --way shall expire once construction is completed.and the recreational pathway is open to the public. The within Grantor, its successors and assigns, shall have tile, right to make use of the surface Of the right-of-way and easement such as shall not be inconsistent with the use of said right - Of -Way, but specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. Grantee acknowledges that tile, construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with tine use of this easement by the Grantee. Being a portion of the lands and premises conveyed to the Grantor by Warranty Deed of South Village Communities, LLC, dated June 10, 2014, and recorded in Volume 1219, Page 164 of the South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description, TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoove forever; And the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, 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, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims tivltatevcr, except as aforesaid, IN WITNESS WHEREOF, GRANTOR has caused this Instrument to be executed this day of , 2015. SMSDC, LLC STATE OF VERMONT Its Duly Authorized Agent COUNTY OF CHITTENDEN, ss: At , in said County and State, this day of 2015 personally appeared , Duly Authorized Agent of SMSDC, LLC, and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act aid deed of SMSDC, LLC. Before me, Notary Public Commission Expires: 2/10/2019 END OF DOCI�MINT 153 RECREATIONAL PATH EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS THAT SOUTH VILLAGE COMMUNTIES, LLC, a Vermont limited liability company with an office in the City of South Burlington, in the County of Chittenden and State of Vermont ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of constructing, repairing, replacing and maintaining a recreational pathway for public use over, on and through land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Strips of land twenty (20) feet in uniform width depicted variously as "20' Recreation Path Easement," "20' Recreation Path Easement to City" "Rec. Path 20' Easement" and "20' Rec. Path Ease. to City" on that certain plan entitled "South Village, Spear Street and Allen Road, South Burlington, VT, Phase I Subdivision Plat, Sheet S1.3" prepared by Civil Engineering Associates, I_nc., dated July 2004, last revised February 26, 2015 and recorded in Map Slide .Jam, Page � of the City of South Burlington Land Records. The exact location of the aforementioned Recreation Path Easement will be fixed by and centered on the location of the Recreation Path as actually constructed. 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 for medical emergencies, motor -driven wheelchairs for the use of handicapped persons consistent with the purpose of this easement and by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored as near as reasonably practicable to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right-of-way five feet on each side of said permanent easement and right-of-way is hereby granted, together with the right to enter onto other lands of Grantor proximate to the easement area. Said temporary easement and right-of-way shall expire once construction is completed and the recreational pathway is open to the public. Eft Ei I,jft498 ).- 1262 PG -- F � - The within Grantor, its successors and assigns, shall have the right to make use of the surface of the right-of-way and easement such as shall not be inconsistent with the use of said right- of-way, but specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of this easement by the Grantee. Being a portion of the lands and premises conveyed to the Grantor by Warranty Deed of Paul R. Caulkins, Trustee of the Downing -Calkins Revocable Trust, dated December 2, 1997, and recorded in Volume 419, Page 454 of the City of South Burlington Land Records and recorded on December 18, 1997 in Volume 210, Page 106 of the Town of Shelburne Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoove forever; And the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, 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, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed this 13 day of , 2015. SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: Duly Authorized Age STATE OF VERMONT COUNTY OF CHITTENDEN t At3,b.1r " , in said County and State, this _) 5 day of 2015, personally appeared Robin Jeffers, Duly Authorized Agent of Spear & Allen, LLC, Managing Member of SOUTH VILLAGE COMMUNITIES, LLC, and she acknowledged the within instrument, by her subscribed, to be her free act and deed and the free act and deed of Spear & Allen LLC and SOUTH VILLAGE COMMUNITIES, LLC. Before me, Uutftyla�� Notary Public Commission Expires: 2/10/2019 END OF DOCUMENT�: RECREATIONAL PATH EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS THAT SMSDC, LLC, a Vermont limited liability company with an office in the Town of Williston, in the County of Chittenden and State of Vermont. ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of constructing, repairing, replacing and maintaining a recreational pathway for public use over, on and through land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being a strip of land along the easterly boundary of Lot 50 as depicted on that certain plan entitled "South Village, Spear Street and Allen Road, South Burlington, VT, Phase I Subdivision Plat, Sheet S 1.3" prepared by Civil Engineering Ass9ciates, Inc., dated July 2004, last revised February 26, 2015 and recorded in Map Slide9, Page Jr of the City of South Burlington Land Records. The exact location of the aforementioned Recreation Path Easement will be fixed by and centered on the location of the Recreation Path as actually constructed. 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 for medical emergencies, motor -driven wheelchairs for the use of handicapped persons consistent with the purpose of this easement and by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored as near as reasonably practicable to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right-of-way five feet on each side of said permanent easement and right-of-way is hereby granted, together with the right to enter onto other lands of Grantor proximate to the easement area. Said temporary easement and a�� i I _ W r1 — I r u o ' = W lip r_ Lj _ u-1- = 0!_tC,345F_t1i ): 1262 PG-- 156 right-of-way shall expire once construction is completed and the recreational pathway is open to the public. The within Grantor, its successors and assigns, shall have the right to make use of the surface of the right-of-way and easement such as shall not be inconsistent with the use of said right- of-way, but specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of this easement by the Grantee. Being a portion of the lands and premises conveyed to the Grantor by Warranty Deed of South Village Communities, LLC, dated June 10, 2014, and recorded in Volume 1219, Page 164 of the South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoove forever; And the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, 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, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed this 1-4, day of 2015. SMSDC, LLC By: Its my Authorize �Jgilt STATE OF VERMONT COUNTY OF CHITTENDEN, ss: AtSb) l(-61)11• in said County and State, this day of 1 , 2015, personally appeared Pob Duly Authorized Agent of MSDC, LLC, and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of SMSDC, LLC. b: Before me, Notary Public n Commission Expires: 2/10/2019 a END OF DOCUn , NT i 400VERMONT State of Vermont Department of Environmental Conservation Drinking Water and Groundwater Protection Division Essex Regional Office ill West Street Essex Junction, VT 05452-4695 www.sekltic.Nrt.gov April 2, 2015 Sterling Construction Inc. c/o Collin Frisbie 1037 Hinesburg Road South Burlington VT 05403 Agency of Natural Resources [phone] 802-879-5656 [fax] 8o2-879-3871 RE: WW-4-2613-5, South Village -Lot 36; amend WW-4-2613 to increase bedrooms from three to six on previously approved Lot #36 located at 51 Frost Street in South Burlington, Vermont. Dear Applicant: We received your completed application for the above -referenced project on April 1, 2015, including a fee of $180.00 paid by check #2583. Under the performance standards for this program, we will have a maximum of 3o days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. If you submitted your application electronically through eDEC, your consultant will need to upload any revisions and send an email to Ernestine Chevrier and the reviewer notifying us that you have resubmitted information. This email should reference both the eDEC number and the WW number for the project. For the Drinking Water and Groundwater .Protection Division Ernestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission Andrew Rowe/Lamoureux & Dickinson Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury CITY OF SOUTH BURLINGTON WAIVER OF RIGHT TO APPEAL The Administrative Officer may issue a Zoning Permit pursuant to an approval of a Zoning Permit Application prior to expiration of the thirty -day appeal period set forth in 24 V.S.A. section 4471 only if there are no interested persons, as defined in the aforementioned section, other than the City and the applicant/landowner, and if the applicant/landowner waives his or her rights to appeal any relevant Development Review Board approvals. In order to ensure the finality and validity of any relevant Development Review Board approvals in those cases where there are no interested persons other than the applicant/landowner and the City, the applicant/landowner must waive his or her rights to appeal in order to receive a Zoning Permit prior to the expiration of the appeal period. Zoning Permit Application No.�-/JE3 'e—z — %f<v ,">--�� (office use only)�— The undersigned property owner(s) hereby waives any and all rights to appeal the approval(s) of the Develoeview Board, listed below. Property Owner Property Owner Date The undersigned applicant(s) hereby waives any and all rights to appeal the approval(s) of the Developmen Review B listed below. {{f // Applicant , ��,lot Applicant Date Do not write below this line - For office use only Date of site plan approval/denial Approval Date Date of subdivision approval/denial 1 pprov I Date Denial Date Denial Date 1 I 1 LEGEND PROJECT BOUNDARY ®� ABUTTING PROPERTY LWE SIDELINE OF BUILDING ENVELOPE Q MAWSON LANE SURVEY POINT (NO MARKER) I! N� NOW OR FORMERLY SITE h C/t1.OR ,�'_t.'? 4. REFERENCED IN NOTE #I,LOT NUMBER AS SHOWN PLAN -_ - _ UNDERGROUND ELECTRIC, 38 ` UGEIT/C - TELEPHONE AND CABLE SERVICE CORNER SITE TRIANGLE RESTRICTIVE AREA (TYPICAL) G UNDERGROUND GAS SERVICE W WATER SERVICE STERLING CONSTRUCTION , PC \ 1 LOCATION PLAN WE 43 ; � 5 SEWER SERVICE VOL. 1217, PG. 131 NTS R STERLING CONSTRUCTION INC 44 NOTES N/F 1. THIS PLAN IS BASED ON A PLAN ENTITLED "SOUTH VILLAGE, SPEAR VOL. 1233. PG. 81 STREET AND ALLEN ROAD, SOUTH BURLINGTON, VT., PHASE I SUBDIVISION PLAT" DATED JULY. 2004, LAST REVISED 09-23-14, BY CIVIL - _ ( STERLIIG CONSTRUCTION , INC ENGINEERING ASSOCIATES. AS RECORDED IN THE CITY LAND RECORDS. VOL. 1241, PG. 218 2. SEE THE ABOVE REFERENCED PLAN FOR THE PERTINENT SURVEY --- NOTES. - - - - -� 3. THE UNIT DIVISION LINES DEPICTED ARE INTENDED TO BE PROJECTIONS OF THE CENTERLINES OF THE PARTY WALLS AS _MADISON LANE \111�E -'_--___._--_-- CONSTRUCTED. ' 4. BEARINGS ARE BASED ON THE ABOVE REFERENCED PLAT. I` �►.. I P I�"!! I 4=08' S `31,20'E UTILITY PEDESTAL 5. MONUMENTATION FOUND IS AS NOTED. - _ 21. - -- .- -- - f / 6. BURIED UTILITY LINES LOCATIONS AREMPROIfIMTE ONLY ACTUAL Lu 43 �.25 LOCATIONS MAY VARY. ( i (CONSTRUCTED LOCATION OF ' I -- - - --__ 7. SUBJECT PROPERTY IS BOTH SUBJECT TO AND BENEFITTED BY CONCRETE FOUNDATION EASEMENTS FOR BURIED ELECTRICAL AND TELECOMMUNICATIONS LINES AND APPURTENANCES. EASEMENTS CONVENED TO GREEN - ' MOUNTAIN POWER CORPORATION AND VERIZON NEW ENGLAND, INC. BY (v/) \Yy7 DEED DATED DECEMBER 13, 2007 AND RECORDED IN VOLUME 803 PAGE 687. SOUTH BURLINGTON LAND RECORDS. EASEMENTS ARE TYPICALLY I g 10- WIDE, CENTERED ON UTILITY AS CONSTRUCTED, EXCEPT AS SHOWN 40 r F- S - ►h ( I / /� - 8. SUBJECT PROPERTY IS BOTH SUBJECT TO AND BENEFIT EN BY N / L/ J EASEMENTS FOR BURIED NATURAL GAS LINES AND APPURTENANCES. UNIT 45-1 UNIT 45-2 EASEMENTS CONVEYED TO VERMONT GAS SYSTEMS, INC BY DEED p LAND AREA LAND AREA DATED JANUARY 17, 2008 AND RECORDED IN VOLUME 807 PAGE 129, STERLING CONSTRUCTION, INC I 5,719 of 2,493 0w SOUTH BURLINGTON LAND RECORDS. EASEMENTS ARE TYPICALLY 10' NIF = UNIT 45-3 WIDE, CENTERED ON UTILITY AS CONSTRUCTED. VOL, 1241, PG. 218 7 LAND AREA Ij 3LL I� W 4,974 s1 9. THE SUBJECT LOT IS DEPICTED A3 LOT 45 ON THE ABOVE REFERENCED PLAT. LOT 45 FALLS WITHIN "ZONE C" OUTSIDE OF ANY oa g I g FLOOD HAZARD AREA) AS IDENTIFIED BY FLOOD INSURANCE RATE MAP 't 8 500007C2062D. WITH AN EFFECTIVE DATE OF JULY 18, 2011. p w TOM DAVIES LLC 10. FROST STREET AND MADISON LANE ARE DESCRIBED IN AN IRREVOCABLE OFFER OF DEDICATION TO THE CITY OF 3011TH a N/F BURLINGTON DATED OCTOBER, 2007 AS RECORDED IN VOL. 798, PG, 241 VOL. 1231, PG. 86 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. CITY CLERK'S OFFICE — 4ice} CITY OF SOUTH BURLINGTON, VT. , 2015 — RECEIVED FOR RECORD AT O'CLOCK M., AND RECORDED IN SLIDE# 49 - r ATTEST: CITY CLERK Ntl2^3120"yy COMMON LAND j SOUTH VILLAGE COMMUNRIES, LLC _ N/F w VOL. 801, PG. 465 - __- DATE REVISIONS BY O A -r" THESE PLANS WITH LATEST REVISIONS SHOT)I.I()NLY BE 0 OF USED FOR THE PURPOSE SHOWN BELOW.SHEETS. ) � 41 APPROVED BY RESOLUTION OF THE LANDOWNER 0 PRELIMINARY REVIEW DEVELOPMENT REVIEW BOARD OF THE CITY OF STERLING CONSTRUCTION, INC. F NAL --_- 1037 HINESBURG ROAD LANDS OF PROJECT w COMMON LAND SOUTH BURLINGTON, VERMONT, ON THE DAY SOUTH BURLINGTON, VT 08403 15002 ( SOUTH VILIAGE COMMUNITIES, LLC OF , 2015 SUBJECT TO THE N/F REQUIREMENTS AND CONDITIONS OF SAID DEED REFERENCE: VOL. 1241, PAGE 218 STERLING SURVEY i VOL .801,PG.465 RESOLUTION. SIGNED THIS_ DAY OF LOT45AREA0.30ACRE CONSTRUCTION, INC. KMR 2015 BY DESIGN FROST ST. 8 MADISON LN., SOUTH BURLINGTON, VT - DRAWN GRAPHIC SCALE (CLERK OR CHAIRMAN) ,`11I f l f ��� DLH .o ��``� F Y����; LOT 45 TOWNHOUSES D,�JG TO THE BEST OF MY KNOWLEDGE, THIS PLAT IS BASED DOUGLAS DATE ON INFORMATION ABSTRACTED FROM PERTINENT L 01-15-15 ( IN FEET ) DEEDS AND/OR OTHER OFFICIAL RECORDS, AND SCALE MARKERS EVIDENT ON THE PROPERTY, AND HENSON 1 Inch = 20 (t. CONFORMS WITH THEOEQUIR4WNTS OF 27 VSA LA.-N gE g . DICKINSON AS NOTED §1403.6ATED PHIS 'fp' Y OF . 2o1s : �'f No. 656```14 bk�Dm �"„ten, t.�. sHr. No. 1 d 802-97" VTos4sz y ' � ra soz-s7a44so T I I I f� south ZD PLANNING & ZONING March 20, 2015 Bart Frisbie Sterling Construction, Inc. 1037 Hinesburg Road So. Burlington, VT 05403 Re: Final Plat Approval #SD-15-06 — 119, 123, 127 So. Jefferson Road Dear Mr. Frisbie: Enclosed, please find a copy of the Findings of Fact and Decision of the Development Review Board on the above referenced project, the hearing for which was closed on March 17, 2015 (effective 03/20/15). Please note the conditions of approval, including that the final plat plans must be recorded in the land records (in mylar format) within 180 days (must be submitted to me in time for recording along with a $15 recording fee by September 16, 2015) or this approval is null and void. If you have any questions, please contact me. Sincer , R ymond J. Belair Administrative Officer Encl. CERTIFIED MAIL- RETURN RECEIPT: 7010 0290 0000 2215 6591 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com southvv-rl # fin PLANNING & ZONING Permit Number SD- - (of£ce use only) APPLICATION FOR SUBDIVISION PLAT REVIEW ❑Preliminary EZIFinal PUD Being Requested? ❑Yes M✓ No All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) Sterling Construction, Inc. 1037 Hinesburg Road, South Burlington, Vt 05403 802-864-0600/802-864-0619 2. LOCATION OF LAST RECORDED DEED (Book and page #) L4,�. O ql z )� ^ z44 3. APPLICANT (Name, mailing address, phone and fax#) Sterling Construction, Inc. 1037 Hinesburg Road, South Burlington, Vt 05403 802-864-0600/802-864-0619 4. CONTACT PERSON (Name, mailing address, phone and fax #) Bart Frisbie (same info) a. Contact email address: Bart@sterlingconstructioninc.com 5. PROJECT STREET ADDRESS: 119, 123, & 127 South Jefferson Road 6. TAX PARCEL ID # (can be obtained at Assessor's Office) none 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 7. PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): Create "Footprint Lots" for the sale of individual units from a previously approved triplex lot. b. Existing Uses on Property (including description and size of each separate use): New residential. c. Proposed Uses on property (include description and size of each new use and existing uses to remain): 3 new residential units on pre -approved triplex lot. d. Total building square footage on property (proposed buildings and existing buildings to remain): 4932 sf of new living space e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): +/- 28 feet tall; 2 floors above grade. f. Number of residential units (if applicable, new units and existing units to remain): Three g. Number of employees (existing and proposed, note office versus non -office employees): N/A h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. Create 3 "Footprint Lots" on previously approved triplex lot. Purpose is to create 3 separate lots so that each unit can be sold individually. Subdivision Application Form. Rev. 12-2011 ,s 8. LOT COVERAGE (ALL information MUSTbe provided here, even if no change is proposed) a. Size of Parcel:.3 acres (acres /sq. ft.) b. Building Coverage: Existing none square feet % Proposed see attach( square feet % c. Overall Coverage (building, parking, outside storage, etc): Existing none square feet % Proposed see attach( square feet % d. Front Yard Coverage(s) (commercial projects only): Existing square feet % Proposed square feet % 9. WETLAND INFORMATION a. Are there any wetlands (Class I, II, or III) on the subject property? ❑ Yes ❑✓ No b. If yes, is the proposed development encroaching into any of these wetlands associated 50' buffers (describe) N/A c. If yes, please submit the following with this application: 1. A site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's wetland map. 2. Response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria) 10. AREA DISTURBED DURING CONSTRUCTION: 13,068 SQ. FT. * *Projects disturbing more than one (1) acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one (1) acre require a permit from the Vermont Department of Environmental Conservation. 3 Subdivision Application Form. Rev. 12-2011 11. COST ESTIMATES a. Building (including interior renovations): $ 460,000 b. Landscaping: $ included in costs (Please submit itemized list of landscaping proposed) c. Other site improvements (please list with cost) Asphalt driveway and brick sidewalk for each unit. 12. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): No change from approved. 13. PEAK HOURS OF OPERATION: 7amto6pm 14. PEAK DAYS OF OPERATION: Mondav thru Saturdav for construction. 15. ESTIMATED PROJECT COMPLETION DATE: 5/15/15 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (I I" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the a plication. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. Subdivision Application Form. Rev. 12-2011 KE I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. /-,4 SIGNA RE F APPLICANT Bartlett H Frisbie SIGNATURE OF PROPERTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: l Complete FlIncomplete VIVIlinistrative df ricer ate The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Subdivision Application Form. Rev. 12-2011 I CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 23 day of February, 20 15, a copy of the foregoing public notice for footprint lot [type of application] # SD-15-06 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Tom Davies LLC 2323 Plunkton Road, Warren, Vt. 05674 Robin Jeffers, South Villaga 193 Industrial Ave, Williston, Vt. 05495 Wendy Everhart 3 Mayfair St., South Burlington, Vt. 05403 Roslyn Brown 42 Frost Street, South Burlington, Vt. 05403 Dated at South Burli[own/city], Vermont, this 23 day of Frebruary , 2015 Printed Name: Bartlett H. Frisbie Phone number and email: 80 64-0 0; a s o tructionine.com Signature: Date: 2/93/15 Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 FEB n i!'+ A LOCATION PLAN NITS 38 STERLING CONSTRUCTION, INC N/F VOL. 1217. PG. 131 4 aJ/j �_ STERLING CONSTRUCTION, INC N/F VOL. 1241, PG. 218 2015 A.ingtor — _ — 49 COMMON LAND SOUTH VILLAGE COMMUNITIES, LLC N/F VOL. 801. PG. 465 r SITE TRIANGLE 43 STERLING CONSTRUCTION, INC 44 N/F VOL. 1233. PG. 81 — STERLING CONSTRUCTION, INC _ 1241. PG. 218 MADISpN L ANE _ _ �-- PEDESTAL —� 43.2S' (CONSTRUCTED LOCATION OF CONCRETE FOUNDATION Ig I UNIT 45-1 LAND AREA ! UNIT 45-2 'Mo 579sf LAND AREA 2 UNIT 45-3 2,493 sf LAND AREA 'w 4,974 sf q G a h a I 45 ' i �a N82"3,'20"W 43.26' l 1 � 47 1 APPROVED BY RESOLUTION OF THE J DEVELOPMENT REVIEW BOARD OF THE CITY OF COMMON LAND SOUTH BURLINGTON, VERMONT, ON THE SOUTH VILLAGE COMMUNITIES, LLC DAY OF , 2015 SUBJECT TO THE NIF REQUIREMENTS AND CONDITIONS OF SAID VOL. 801, PG. 465 RESOLUTION. SIGNED THIS DAY OF 2015 BY GRAPHIC SCALE IN FEET ) I i—h = 20 ft.. (CLERK OR CHAIRMAN) TO THE BEST OF MY KNOWLEDGE, THIS PLAT IS BASED ON INFORMATION ABSTRACTED FROM PERTINENT DEEDS AND/OR OTHER OFFICIAL RECORDS, AND MARKERS EVIDENT ON THE PROPERTY, AND CONFORMS WITH THE REQUIREMENTS OF 27 VSA §1403. DATED THIS _ DAY OF _, 2015 6 TOM DAVIES LLC N/F VOL. 1231, PG. 86 LANDOWNER STERLING CONSTRUCTION, INC 1037 HINESBURG ROAD SOUTH BURLINGTON, VT 05403 LEGEND PROJECT BOUNDARY ABUTTING PROPERTY LINE SIDELINE OF BUILDING ENVELOPE 0 SURVEY POINT (NO MARKER) N/F NOW OR FORMERLY 44 LOT NUMBER AS SHOWN ON PLAN REFERENCED IN NOTE #1. UGEIT/C UNDERGROUND ELECTRIC, TELEPHONE AND CABLE SERVICE G UNDERGROUND GAS SERVICE W WATER SERVICE S SEWER SERVICE NOTES 1. THIS PLAN IS BASED DNA PLAN ENTITLED'SOUTH VILLAGE, SPEAR STREET AND ALLEN ROAD, SOUTH BURLINGTON, VT., PHASE I SUBDIVISION PLAT.' DATED JULY, 2004, LAST REVISED 09-23-14, BY CIVIL ENGINEERING ASSOCIATES, AS RECORDED IN THE CITY LAND RECORDS 2. SEE THE ABOVE REFERENCED PLAN FOR THE PERTINENT SURVEY NOTES. 3. THE UNIT DIVISION LINES DEPICTED ARE INTENDED TO BE PROJECTIONS OF THE CENTERLINES OF THE PARTY WALLS AS CONSTRUCTED. 4. BEARINGS ARE BASED ON THE ABOVE REFERENCED PLAT. 5. MONUMENTATION FOUND IS AS NOTED. 6. BURIED UTILITY LINES LOCATIONS ARE APPROXIMATE ONLY. ACTUAL LOCATIONS MAY VARY. 7. SUBJECT PROPERTY IS BOTH SUBJECT TO AND BENEFITTED BY EASEMENTS FOR BURIED ELECTRICAL AND TELECOMMUNICATIONS LINES AND APPURTENANCES. EASEMENTS CONVEYED TO GREEN MOUNTAIN POWER CORPORATION AND VERIZON NEW ENGLAND, INC. BY DEED DATED DECEMBER 13, 2007 AND RECORDED IN VOLUME 803 PAGE 687, SOUTH BURLINGTON LAND RECORDS. EASEMENTS ARE TYPICALLY 10' WIDE, CENTERED ON UTILITY AS CONSTRUCTED, EXCEPT AS SHOWN. 8. SUBJECT PROPERTY IS BOTH SUBJECT TO AND BENEFITTED BY EASEMENTS FOR BURIED NATURAL GAS LINES AND APPURTENANCES. EASEMENTS CONVEYED TO VERMONT GAS SYSTEMS, INC. BY DEED DATED JANUARY 17, 2008 AND RECORDED IN VOLUME 807 PAGE 129, SOUTH BURLINGTON LAND RECORDS. EASEMENTS ARE TYPICALLY 10' WIDE, CENTERED ON UTILITY AS CONSTRUCTED. 9. THE SUBJECT LOT IS DEPICTED AS LOT 45 ON THE ABOVE REFERENCED PLAT. LOT 45 FALLS WITHIN ZONE C" (OUTSIDE OF ANY FLOOD HAZARD AREA) AS IDENTIFIED BY FLOOD INSURANCE RATE MAP # 5'J0007C2062D, WITH AN EFFECTIVE DATE OF JULY 18, 2011. 10. FROST STREET AND MADISON LANE ARE DESCRIBED IN AN IRREVOCABLE OFFER OF DEDICATION TO THE CITY OF SOUTH BURLINGTON DATED OCTOBER, 2007 AS RECORDED IN VOL. 798, PG. 241 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. DEED REFERENCE: VOL. 1241. PAGE 218 LOT 45 AREA: 0.30 ACRE 0 NII��77�i DOUGLAS L. HENSON N0. 656 CITY CLERK'S OFFICE CITY OF SOUTH BURLINGTON, VT. , 2015 RECEIVED FOR RECORD AT O'CLOCK _ M., AND RECORDED IN SLIDE# ATTEST: CITY CLERK gfERLING 1037 Hinesburg Road, South Burlington, Vermont 05403 February 2, 2015 South Village 45 Footprint Lot Application Application #8: a. Size of parcel: SV 45 .3 acres (13,168 sf) b. Building Coverage: Existing none Proposed 45-1 1748 sf. 30.5 % 45-2 900 sf 36 % 45-3 1748 sf 35 % c. Overall Coverage (building, parking, outside storage, etc.) Existing none Proposed 45-1 2592 sf. 45.3 % 45-2 1717 sf 69 % 45-3 2559 sf 51 % 802-864-0600 www.sterlingconstructioninc.com FAX 802-864-0619 ki `X% Southhurlinav PLANNING & ZONING March 23, 2015 Re: #SP-15-09 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. hnam y, Sin d J. Bel Ir Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com south Aington PLANNING & ZONING Permit Number SP- (office use only) APPLICATION FOR SITE PLAN REVIEW ❑✓ Administrative ❑ Development Review Board All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1.OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #): South Village Communities LLC and SMSDC LLC (same address) PO Box 2286, South Burlington,VT 05407 802-316-6004 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): see attached deed 3. APPLICANT (Name, mailing address, phone and fax #): same as owner(s) 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): Robin Jeffers, c/o South Village Communities LLC Dave Marshall, Civil Engineering Associates, 10 Mansfield View La, S. Burl 05403 4a. CONTACT EMAIL ADDRESS:: robin@sdireland.com and dmarshall@cea-vt.com 5. PROJECT STREET ADDRESS: 74,110 & 144 South Jefferson Road 6. TAX PARCEL ID # (can be obtained at Assessor's Office): S7S Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): We want approval for the plans as depicted on site, as built, some of the walkways are changed to make ADA egress to the building work, we are concurrenity applying for a property line change to move the property lines so that retaining walls meet the current rules. b. Existing Uses on Property (including description and size of each separate use): 2 12-plex and 1 8-plex multifamily homes c. Proposed Uses on property (include description and size of each new use and existing uses to remain): the footprint of the center building is reduced from a 10-plex to an 8-plex to accomodate lot coverage requirements d. Total building square footage on property (proposed buildings and existing buildings to remain): See lot coverage plan attached e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): no change f. Number of residential units (if applicable, new units and existing units to remain): 36 approved, now changed to 32, applicant will file another application for DRB review to move the density of hte 4 unbuilt units elsewhere on site at South Vil. g. Number of employees (existing and proposed, note office versus non -office employees): 0 h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): see attached glans. Site Plan Application Form. Rev. 12-2011 8. LOT COVERAGE Total Parcel Size: 42387 Sq. Ft. a. Building: Existing see plan % / see plans Proposed % / b. Overall impervious coverage (building, parking, outside storage, etc) Existing % / Proposed 64.97 % / 42387 c. Front yard (along each street) Existing % / Proposed % / d. Total area to be disturbed during construction (sq. ft.) 1.3ac * _sq. ft. _sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): b. Landscaping: $0 $0 c. Other site improvements (please list with cost): not changed from original application 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): N/C 11. PEAK HOURS OF OPERATION: N/A 12. PEAK DAYS OF OPERATION: N/A 13. ESTIMATED PROJECT COMPLETION DATE: August 1 2015 14. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)' regular size copies, one reduced copy (I I" x 17"), and one digital (PDF-format) copy of the site plan must be submitted A site plan application fee shall be paid to the City at the time of submP it�ting the site plan application in accordance /with the cciiitty's fee schedule. � � Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. 3 Site Plan Application Form. Rev. 12-2011 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Digitally signed by Robin Jaffare Robin Jeffers DN cn=Robin Jeffers, o, ou, email=robin®sdiraland.com, c=US Data: 2015.02.2510:54:17-05'00' SIGNATURE OF APPLICANT DigitaU.11y signed by Robin Jeffers Robin Jeffers . cn=Robin Jaffe s, o, ou, email=robin�sdi eland com Robin Jeffers I rs Data: 2015.02.2510:54:29 -0600' SIGNATURE OF PROPERTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: v / ' REVIEW AUTHORITY: ❑ Development Review Board Administrative Officer I have reviewed this site plan application and find it to be: Complete of Administrative Date The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Site Plan Application Form. Rev. 12-2011 -V 0 ` .AV WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, that It, SOUTH VILLAGE COMMUNITIES, LLC, a Vermont limited liability company with its principal place of business in Williston, County of Chittenden and State of Vermont, the Grantor, in consideration of the sum of Ten or More Dollars, paid to its full satisfaction by SMSDC, LLC, a Vermont limited liability company with its principal place of business in Williston, County of Chittenden and State of Vermont, the Grantee, by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFI'.RM unto the said Grantee, and its successors and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: �a Being an unimproved lot, Lot No. 50, in South Village, South Burlington, Vermont, a multi -phased, conservation community (the "Let"), together with a non-exclusive easement over, and right to use the streets, walkways, utilities and other Common Elements in South Village. South Village was created and described in the Declaration of South Village Community Association, and Covenants, Conditions, and Restrictions dated May 21, 2008 and recorded in Volume 815, Page(s) 384-467 of the City of South Burlington Land Records (the "Declaration"). The Lot is shown and designated as Lot 50 on the Plats and Plans recorded in the City of South Burlington Land Records one of which is entitled "Phase 1 Subdivision Plat" prepared by Civil Engineering Associates, Inc., dated July, < 2004, last revised November 14, 2013, and recorded in Map Slide 573, Page 6 of the City of South Burlington Land Records (the "Plats and Plans"). Said Lot 50 has an Easterly boundary of 140.77 feet +, a Northerly boundary of 562.48 feet +, a Southerly boundary of q 555.63 feet +, and a Westerly boundary of 112.81 feet +. Lot 50 has street addresses of 74, 110 and 144 South Jefferson Road, South Burlington, Vermont. Being a portion of the land and premises conveyed to South Village Communities, LLC by Warranty Deed from Paul R. Calkins dated November 29, 2007, and recorded in Volume 801, Pages 465-466 of the City of South Burlington Land Records, and in Volume 348, Pages 416-417 of the Town of Shelburne Land Records. That portion of South Village located in the Town of Shelburne is a small triangular parcel of undeveloped land, as shown on the Plats and Plans. The land and premises described herein are subject to and have the benefit of all of the easements, rights of way, rights, covenants, conditions, restrictions, permits, approvals, regulations and certificates of occupancy described in the Declaration of Community Association and Covenants, Conditions and Restrictions for South Village, including all Exhibits and Plats. As described in the Declaration, the Owner of each Lot has one (1) vote in the Association. The Owner is automatically a member of the Association, and hereby assumes a share of the obligation, (Percentage Interest) in common with others, for the Common Expenses of South Village, all as set forth in the Declaration. Also included in this conveyance is a non- exclusive right of way for ingress and egress and utilities over and through the Common Elements of South Village, all as shown on the Plats and Plans for South Village recorded in said Land Records. Grantee is subject to the terms, conditions, and covenants of Article VIII of the Declaration which, among other conditions, requires that one-half of one percent (1/2%) of the sales price of each and every subsequent conveyance of the property, be paid into a dedicated find (the "Stewardship Fund") to be used solely for community stewardship purposes, pursuant to Section 8.04 of the Declaration. This condition and covenant runs with the land. All deeds of conveyance shall reference Article VIII and Section 8.04 of the Declaration. A failure to abide by these covenants and conditions shall create a lien against the property in favor of the Association, acting on behalf of the Stewardship Fund, in the amount of the required contribution. The Association, or its designee, may exercise all of the rights of the Association for the collection of Common Expenses from the Property Owner provided in Article XVIII of the Declaration, including, but not limited to, a collection action or foreclosure. This conveyance is subject to and benefited by all easements and rights of way, protective covenants and other restrictions of record, and the terms and conditions of all state and municipal permits and approvals set forth in Exhibit A to the Declaration. Reference is expressly made to the conditions and restrictions concerning two archeologically sensitive areas described in Land Use Permit #4C1160R-1, and shown on Exhibit E attached to the Declaration. Conditions # 29 through #37 of said permit require the two archeologically sensitive areas to be identified, platted, and protected by buffer areas. In addition, the permit prohibits any disturbance of the ground within these areas, requires permanent markers ("no ground disturbance permitted" and "archeologically sensitive areas — No ground disturbance permitted"), and exclusionary fences to protect the areas during any construction activity near the sites. The Community Association and the Owners have an ongoing obligation to ensure compliance with all applicable laws, regulations and permit requirements, including those listed above. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted Premises, with all the privileges and appurtenances thereof, to the said Grantee, and its successors and assigns, to their own use and behoof forever; and It, the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, and its successors and assigns, 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 it is FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. 6 SOUTH VILLAGE COMMUNITIES, LLC, by its Duty Authorized Agent, has caused this instrument to be executed this 1("'%&y of June, 2014. SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: `s'�Ij.a.d_ Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At U l 1 / J ' 2i= in said County and State, this _�'`&y of June, 2014, personally appeared _ .21uy Authorized Agent of Spear & Allen, LLC, Managing Member of SOUTH VILLAGE COMMUNITIES, LLC., and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of Spear & Allen, LLC and SOUTH VILLAGE COMMUNITIES, LLC. Before me, Q� A-4A 4) 9,a, , r�to Public � tX-1 I YZ t_ . 20 I I o o ission Expires: 2/10/2015 March 10, 2015 Paul Connor, Ray Belair, Cathyann La Rose South Burlington Planning & Zoning City Hall South Burlington, VT 05403 Dear Planning and Zoning Team, This letter is to accompany a landscape plan requested by Ray Belair to accompany the site plan application for Lot 50 in South Village. The site plan submitted lacked the landscape plan needed at submission. It's my understanding that the attached revised landscape plan from Mike Lawrence dated March 5, 2013 meets the requirement. His budget is attached, and is increased from the original budget by approximately $4000.00 to meet/exceed the landscape requirement. Our application reduced building "B" on the site from 10 units down to 8, thus reducing the overall budget and scope of the Lot build out. The reduction was to meet the requirement for acceptable pervious on the Lot. A building permit application for Building B is attached as well with it corresponding wastewater connection application. We are interested to begin this building asap, and are requesting the application(s) be processed as soon as possible. I understand Ray is on vacation and thus have addressed this letter to the team in hopes we may move forward. Please feel free to contact me with any questions you may have on either the site application or the zoning permit. Additionally we have minor property line adjustment request submitted for the same Lot 50 at South Village which I believe Ray did get to look at before his vacation, he was waiting on a plat plan from CEA which was delivered 5/4/15. Appropriate fees were submitted for the previous applications. I'm not certain of the fee for Building "B", the 8 plex, but am available to bring a check with a moments notice. O Thank you for your time and consideration. I look forward to hearing from you. I hope everyone is enjoying the spring weather and that Ray is having better weather in HI then last year too! Sincerely, obin Jeffers �--� 3/ South Village Communities, LLC c/o Spe 'v P.O. Box 2286, S. Burlington, VT 05407 Tel: 802-658 Michael Lawrence Associates Landscape Architects / Site Planning Consultants March 5, 2015 South Village Lot 50 South Burlington, Vermont SDI Cost Estimate of Plant Materials proposed for Revised Site Plan Project 1303 SHADE TREES Scientific Name Size Ouan $Unit Sub -Total Acer x freemanii `Celzam 2.5-3" 05 $737 3,685 Aesculaus hippocastanum `Baumanni 2-2.5" 02 625 1,250 Ginko biloba `Autumn Glory' 2-2.5" 04 737 2,948 Ginko biloba `Magyar' 2-2.5" 02 737 1,474 Ginko biloba `Princeton Sentry' 2-2.5" 04 737 2,948 Quercus bicolor 2-2.5" 04 580 2,320 Quercus imbricaria 2-2.5" 02 580 1,160 Quercus rubra 2-2.5" 04 580 2,320 Sophorajaponica 2-2.5" 01 640 640 Tilia euchlora 2-2.5" 02 660 1,320 Ulmus Americana `Princeton' 2-2.5" 02 660 1.320 FLOWERING & EVERGREEN TREES Scientific Name Size Ouan $Unit Sub -Total Acerpseudosieboldiana 6-7' 05 420 Amelanchier Canadensis 6-7' 15 427 Magnolia x loebneri `Leonard Messell' 5-6' 07 305 Magnolia stellata `Royal Star' 5-6' 05 305 Picea pungens `Fat Albert' 5-6' 06 615 Syringa meyeri `Paliban' 10 gal. 04 142 Thuja occidentalis `Nigra' 5-6' 03 188 Thuja occidentalis `Smargd' 5-6' 05 188 Thuja occidentalis `Techny' 5-6' 06 200 MEMBER Eight Linden Lane Essex Junction, Vermont, 05452 American Society PH/FAX 802-878-2778 C 802-578-9591 of Landscape Architects mike@mclasla.com 2,100 6,405 2,135 1,525 3,690 568 564 940 1.200 $19,127 E Scientific Name Size Ouan $Unit Sub -Total Buxus microphylla `Green Velvet' 3 gal. 05 73 Cornus alternifolia `Prairie Fire' 2 gal. 15 48 Cornus pumila 2 gal. 03 45 Cornus stonlonifera `Arctic Fire' 5 gal. 02 88 Cornus sericea `Kelsey's Dwarf 3 gal. 09 50 Euonymus fortuneii vegetus `Green Lane' 2 gal. 64 50 Hamamelis vernalis 5-6' 11 95 Hydrangea arborescens `Blue Billows' 3 gal. 15 73 Hydrangea arborescens `Invincible Spirit' 1.5 gal. 08 65 Hydrangea macrophylla `Endless Sum'r' 7 gal. 05 130 Ilex verticillata `Berry Heavy' 3 gal. 07 58 Ilex verticillata `Jim Dandy' 3 gal. 02 73 Ilex verticillata `Winter Red' 3 gal. 04 58 Salix integra `Flamingo' 3 gal. 05 50 Rhododendron catawbiense `Album' 3 gal. 18 77 Rhododendron catawbiense `Eng. Roseum' 3 gal. 12 75 Rhododendron PJM 5 gal. 17 130 Taxus cuspidata `Capitata 4-5' 05 285 365 720 135 176 450 3,200 1,045 1,095 520 650 406 146 232 250 1,386 900 2,210 1,425 $15,311 TOTAL PLANTING ESTIMATE $55,823 ��/1ovS (.S11M� �) Z3� Z��� (t�aS S �� js NbZ � f 2 Ilvb 2 �[ll�•®/�'i�ugirj 2 \/ Amc 2 EufG 31 '3 "tom EufG DH'TH I'LANTIN(: Mx - v/ 1I'4k rSTt7P.SJ1I,IPART- LANDSCAPE 4 EufG� SPECIFICATIONS Amc MaIL Ye EufG Y. h PWrt LAlAESI`1.SHNICC-A,NH,ANGA 20 non 4-AS AO(TPIED BY THE LAST LD T ON Or T; NAERwI Tho3 J d5510NOrP.HICNLIIuNO t uOC .FRO✓DC STK MeL Or noRT CULTUU N ON [r CIATLRC. PROJ De 57M1 TRUE TO SOTNl CAL I- D1.pL f-EO. 2. CCNAPLI - 5 NNG AND GRAINI,e EIN,DAPDS 151 CDTI I OP - -AIHERCAN STN DARD9 NOR NUA-5TOC " C 3. Pll 1-151-1 BE NUR yGRP'AI. g 4. ­DrFUNtS rvnrAL Of THER Srec Ls fiY'+nM rnwrxls ThoS - nnWAN Dels[IY Dev[LnreD nwN,cnes NlD vuMnus Exar SrTtM. \ S. PROJ DEONLYSe DH[NTHY. vGO $rIA1T5-F1EMA 'l. 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AT ON OF R5[R CN --5 -5 FOR MATCPoNS NBTALLAi ON AND CC. IAAK[ CNTS Ju.,T IY,TMIX 11F BRAdN:11 Co - 3LL MNNfAF, NCW FUNNING AND Cori FINE UNTIL ACCCrrANC[ IANNTCNNIR INGULUEDi FRO NC.. i-ERUN;. -DING. MNLrn I G. 5NL[D AND EN-- WINS -1. IHI AANIRA BN CRACKED OR T.nlsnwaw,l S, o P.W:, Au I+NN:CErfAPRt. AC9CIT11. TO NNE H GRADE AND -I'- "05,1 CH --FENG RANI 22 pG ,o I AI A U[- H O SC Or OP ROO fLARL ,yJG,IIY ASOJt Oe THE--1 SwG- 2. inzwigc CN—T LENGTH nrFMCIIALLrtIAAII BEEN1;r-O nn�eucIIIIIi DE117ILENGTH OF TIME FOK THE TIS TO Pr, sH.-1 NIV-1-Mf-1AneR 31 D.-ID[P[C1IVC VARr. A, 'Go, A5 ros518LE AY NCR El"GCNCICS ro TOW AN,ONPiOO r 23- FTAN15GfN'LYNFIIiO1wl-Au SrRAGHI nCCOMC ArFAR[Nf NID V+LAfn[R N,D StASq, RPoA1r. LW5[ N -TOR CW Nr,ER NOR rYa - BOUND 24 ,1AL[ i(N'SML M x r! nr D C C Lf 5 NCAwY!ILL[0 32. url N,D M unAGC NL PLANT.`, U-I I,CD 3. SnRUBS Ar1U SMNI PUNTS 1N: A[[r THE r(MT SPUAV f ILO 4 N. SAUCER fDGF "nOROUC,LY. f .L N[rAN t Of ADS W4 ARL-OI TO 9[ UN,SAT SrACTORY VUUIG HICTTTO NHMf THE IruTIN 1- ECEM[M9 Ali D HtIGHT IrlDICATCD 1N1 THE PU li u5i. 91NGL[ STEMMED OR TN N rUIRS E I AG. 9[YOr D Pxf,AJAi ON. V�ATER TnoR(M,GLY Pf,NI,. BF- FAILING N9rNUTIO F «u NO1 nE ACCEFID. 25. f.LAr SOP THIRD Of FAR[ -1. Br:aFf' ANDfOLD io OOrtCMA Of ry 33. rNJT THE W!V" AIN:n tt y ;O ECT.11115 SLMSiNl1 N Cn✓PLEI O,I. ..11 9 �K 1 .M AP Tnf 4 ,,,E Or PLANNING . AFwI 51 H 10 MiCBER I51M. o,CAVATIrN1. uMD✓E TOP 'n:RD OF BuFLAr NRAJ 6 AND FCMD TO BOTr,'An IF- f*M,PxS uruS[MAi,Jf'+"LL GDNrIRM WITn YMITTEN ILL N ACC. ACCCITNICS. VEFCAI AKI ING WORA FIT-1 ANY IXFECf.3 oN 1 HE DICE - A3 BCMCMA or CJtr.AVATOr, 14. - COI rRACTOR 15 u5FC 5LE To GII- TCt ALL NWT MNfR N NCOR RAD TO THE LA,jCfL tARCHTECT. OTAMerlCtutNT CM 26. Dwv[ HAjCA,OOD SrN.E•, I -ND -.-ATION. TIE AiiFr TIf 5TANNr. TO BEIT. A111- AID PLOUwSM rW CONDITION NOR A FIECG (v !grzl : E CON-1.1r-1. D UR 1I5 ACE-ANGE IX HE o - C S 1-1.11.1 u5rON5RMUIV NN-E- To STAKES AND LKPAP nvf R TOP of 4O0' BALL ITT. ONE MJ KAPo91-1 TIC DATE OF :Nw C ACCCIN.- ARCA LW fge FIE -OF PLANT G. 6. LOCATe PWIiS INDICATED ON THE 1'IAN III THE IT- IF OBSrw ATON5 ARE II,CW r T[u0 THAT Au RT 9Hi)rrG or THE DRANfNGS OD 1WT IIR[Y..CCV'+nT' PW r Iw OFCRAT IONN u T 11111'.-- Ntr.I11TC^ S 5[ CTED AL-ATt PW,T LOCAi O,.I INT51 ARE- fu[ H-11 27. 1AULCH fu[5 AND PLANTING 5 5 \11111IN 45 CO-5 Or PUN IING. I :.IN -.I NS'ALLID TIAN 5 N n - CR DUPoNG MNNIINACE FfRroO A'i p_ CI ",I A5 1[C[55MY O NSUR[ 1-1-1 MOSrLIR[. 35 uHLACCIACi'5 5HALL CL05ELY 1.IAGI ADJACCNr SPECIES RAt,DR STALL R[r,ACe rA IED DR 1.xui SrA!-ORY G. ro COS. , O H[ CHm[R PW,T5 Of - SNAG RAMS AT P 1, A N T L I S T Shade Trees KEY QU SCIENTIFIC NAME COMMON NAME SPEC ctS 5 Acer x freemanii'Celliam' Celebration Maple 2.5 - 3" cal.. B&B AeW 2 Aesculus Docastanum'Saumanii' Baumann Horsechestnut 2. 2.5" cal B&S GibA 4 Ginko blloba'Autumn Gold' AuWmn Gold Ginko 2 - 2.5" cal., B&B GIbM 2 Ginko biloba'Mauver' Megvar Ginko 2.2.5" cal., B&B GIbP 4 Ginko biloba'Princetm Sentry' Princeton SenbN Ginko 2. 2.5" cal B&B Qub 4 Quercus bicolor Swamp White Oak 2. 2.5" cal., B&B Qui 2 Quercus imbricarie Shingle Oak 2 - 2.5" cal., B&B Quru 4 Quercus rubra Red Oak 2-2.5"cal., B&B soj 1 Sophora japonica Japanese Pagoda Tree - 2 - 2.5" cal., B&B Tie 2 Tills euchlora Crimean Linden 2 - 2.5" cal., B&S Ulap 2 Ulmus americana'Princeton' Princeton American Elm 2 - 2.5" cal., B&B Flowering KEY & Evergreen Qu Trees SCIENTIFIC NAME COMMON NAME SPEC Acp! 5 Acer osel3dosieboldlana Korean Maole 8-7 ft. Amc 16 Amelenchier canadensis Shadblow Servicebem 6-7 ft. Mall- 7 Macnolia x loebneri'Leonard MINI Leonard Messel Maonolla 5.6 ft. MosR 5 Magnolia stellsta'Roval Star' Royal Star Maanolia 6-6 ft. PIpFA S Picea nuneens'Fat Albet Fat Albert Spruce 6-7 ft SymP 4 Syrinca meveri'Pelibin' Dwarf Korean Lilac Tree Form 2.2.5 in.. B&B ThoN 3 Thule occidentalis'Nigra' Dark Green American Arborvitae 5-6 ft. ThoS 5 Thule occidentalis'Smarod' Smarad Arborvitae 5-6 ft. Thot S Thuia occidentalis rechnv' Technv Arborvitae SB ft. Cory rNNewzm i APrrv�ivLo "Mnuuo r snwJS AROUND TRUNK FORM 4' SN1QR P1xI T-I 5(NL 1AI IY.h PAAf:a or�✓AreD:nR AxD TE DID _ erlacN SOLID VOTE D1IAL ro1APD5r OR APPwavfD enuAL Cii NAP r0 ".." NR r -`E t WAI K FHOROI+GHLY. 5[CTICH BNa pA.Tin NO - I. RI-N, ALL MIRSeRY 1AD51 ROPe. I-G..W D 1-1. -To -NG To PUYErT -- 2 - 2. rW f 5HRN5 CO IHAI 'OP Of ROOF HALL 15 5LR;n TLY ABOVE THE P N SMPD 11RAO1, 3. 3-FIE, fe[ S�5[ GUARN, O NOR A P[R OD Of rtA TWO YtARS DETAIL OF PLANTED SHRUB Not to scale r 2 Ula!R TPoIA DECIG0005 rues TO PwNIR G IT ntARArvc[ ADJACENT PO SIDtWAL. AND ARKING AUA5 zI1Mp luf IwINR U rdl. FREE GAfOR VANDENG YNDI[WN n RREq 3MMYL�n-Do NOT f1l Y x 2' x 2' L - ARCM,r,D TPoINK nAx[IpE%A STAKES OwKrl GIIA HI FIRMLY INTO Sun- PIHI9n GRAD[ GRAD[ PRIOR f0 BALKf1Wr,G III BIND ArIDD xJ A1% T:rHJ TARTS - u IXCAJ TfD .OIL 13 CM,[ r•AR' FEE B.- PROM CHITTIENDEN 5rx1D W .11 IIISTRf.- OP '3 CF WJOTBALL CxaMro. T OR APr,:nveD enuAL O 1 TO riff -VI AR CKC r9/ RT WC.P OF N'ATCR TI1URn N.nLT.P / rxcnvArCIN wBMO✓[L mlPSruRneD SDI y,L NOf[5 - fRE[ 50 I 'AI 'Or Or ROOF rUu 15 A,GH FLY AA ITC NN15H GRADE. 2. 5TMING AS -NI E ONLY N 1IMATIDNS-1. TRLCS WILL BC S„61f<.TCD TO'tANDr NS Cfifl-r A5 Tifl IN[o BY THE PROJICT IA M MfMITer.T, 3 T"IB HALL BE GN-A-0P RDOOFrrPMAR5APT[RPLA- EIAIL OF PLANTED TREE "RY IAG,. ,FaNG D RDre.,r,R✓[YDN e, Re as EE I AJES 11-IN FIAT x 11 11YPwT-INE 9TArJ11G wAF TJAL - 3I4 IN. AID[, III BRCA1: STUNGTH WCEI; !r�." --IRfT fO STAKES, lW P oJ[R R<xTT BALL Tm Kff! I R[P FROIA ROCNNG fOWAPSAurRR -� IF �17-�� a / � .�I// mom .•' f�. �� EufG- 1/ / teeMil '.: ...�II �� �• •"i:."r� 1CosA ® Hyab EufG EufG- CosA CFPf` r/yufG GA In a4r. ��, ;7.. N IANN `TJ New Deciduous Shade Tree 5AcfB 3Tho - 21 Acp New Evergreen Tree -- ONew Deciduous Flowering Tree QQ New Deciduous Shrub NORTH 4 Quru + -- �+ New Evergreen Shrub 0 Mulched Planting Bed 4 Gib I (Hardwood Bark - 2" depth) 0 10' 20' graphic scale (� LANDSCAPE PLAN - - In = 201.011 Shrubs KEY QU SCIENTIFIC NAME COMMON NAME ISPEC BumOV 5 Buxus micrwhvlla'Green Velvet' _ _. - _ Grwan velvet boxwood 3 gal. COOP 15 Comus altemifolia'Prairie Fire' - _ Prairie ROB Red Twiq Dogwood 12 gal. Copu 3 Comus Pumila _ _ Dwart Red -Tipped Oogwootl 2 gal. CosA 2 Cornus stolonifera'Arctic Fire' Aret'c Fire Red Twig Dogwood s qa1 CosK 9 Comus sericea'Kelsev's Dwarf K I V. D an Dogwood 3 gal. Euf13 64 Euonvmus fortuneii venetus'Green Lane' Green Lane W' tercreeper 2 gal Hav YI Hamamelis vernalis vernal W'tchha2el 5-e R Hvab 15 Hvdranaea arborescens'Slue Billows' aloe Billows Hydrangea AEI Hval 8 Hvdranaea arborescens'Invincible Spirit' I vi ihl Sp' 't Hyd a qea 1 5 gal H F 5 Hydrangea macrophvlla'Endless Summer Twist & Shout' T t & Sh t H dran... 7 gal Ilya 7 Ilex verticillata 'Berry Heavy' IIvJ 2 Ilex verticillata'Jim Dandy' Jim D i3taL IIvW 4 Ilex verticillata'Winter Red' Winter Red Winlerhem 2ga1- SaiF 5 Salix inteara'Flaminno' Flamingo Japanese Willow 3 Cial- RhcA 18 Rhododendron catawbiense'Album' White Flowering Catawba Rhododendron 39e1- RhcE 12 Rhododendron catawbiense'Enalish Roseum' English Rose Flowering Rhododendron 3--1 17 Rhododendron'PJM' PJM Rhododendron REW 7aCC 5 Taxus cuspidata'Capitata' Pyramidal Upright Japanese Yew 4-5 it. r® r --- 7- _.. atlm O O N N O F N N ry M� O Io m'a0. BBE, M WI N () QI Z a V N J mI� olWl Q,Z'1 Z OnO e Z ZF Q Zlrc a O O Z Flo 2 s 5 v a W z z z z z z flla3ga 7 O w ❑ Q K a loj J� 4 cJ I3 $ It I z z IL( � a OU W o a Z UJ// W N O Q PPP" 9 z m 0 � 5 _ s � 16 PROJECT x 1303 SHEET NUMBER L-1 DATE:8/22/2013 Jr f so�,T b' re° �''Y'J aTsg sr I io �,cl ) co m �♦ s Aftftht y GRAPHIC SCALE nIN FEET) 1 i ch = 20 It k --qmw--qs I y >n A I / 3 IN PLANS PREPARED BY: r CIYIL ENGINEHING ASSOGXfES, INC. IOMANSFIELDVIEWLANE, SOUTH BURUNGTON, VT 05403 8o2e6a-zsza Fax: aoz-e9a-n)f weo: »uw.cee-v[cwn DRAIIN ACL mlccxen DSM PPR—, I DSM APPLICANT: SOUTH VILLAGE COMMUNITIES, LLC. LOCATION MAP: LOT SIZE = 65243 SF MAX. COVERAGE=65% .65 X 65243 = 42408 SF OF HARD SURFACE ALLOWED BUILDING = 22183 SF BUILDING COVERAGE = 34.0% HARDSCAPE = 20084 SF 4 TRANSFORMERS=44 SF 15 AC UNITS=60 SF 8 LIGHT POLE BASES=16 SF TOTAL HARDSCAPE=20204 SF 22183+20204=42387 SF LOT COVERAGE = 64.97% LOT 50 LOT COVERAGE PLAN 11RAWINE N-BER AUG., 2013 SL'nIJ 1" = 20' LOT COVERAGE 13162 t t I PLANS PREPARED BY: GENERAL NOTES: � _ I I-Fft 1. Utilities shown do not purport to constitute or represent all utilities located upon or adjacent to the surveyed premises. Existing utility locations are approximate only. The Contractor shall field verify all utility conflicts. All discrepancies shall be reported to the Engineer. The Contractor shall contact Dig Safe (888-344-7233) prior to any censtruction. _ _ I"I �---�• ,-/^` CIVIL ENGINEERING ASSCXIAIES. INC. fO MANSFIELD VIEW LANE, SOUTH BURLINGTON, VT 05e0: 2. All existing utilities not incorporated into the final design shall be removed or 11'I 1 1 - - / / �� :\ I soz esr-zszs Fax: eozas�-nn woo ww.�.-K.�.,• abandoned as indicated on the plans or directed by the Engineer. GI I I l DB .N 3. The Contractor shall maintain as -built plans (with ties) for all underground I I I Utilities. Those plans shall be submtted to the Owner at the completion of the ACL project. o II r 1 I.. % / cnecxED ,..:. 4. The Contractor shall repair/restore all disturbed areas (on or off the site) as a - _ _ I �-� _ - I I ��/ DSM direct or indirect result of the construction. -A = =s= R - - - nPPaovsD I o, DSM 5. All grassed areas shall be maintained until full vegetation is established. � I - - . ` I _ \ .� / APPLICANT: 8. Maintain all trees outside of construction limits. 4.. 7. The Contractor shall be responsible for all work necessaryfor complete and I .Ij��I �� - ' -• •-.- SOUTH VILLAGE operable facilifies and utilities. p - I 1 1.1. , INDEX OF SHEETS COMMUNITIES LLC. 8. If the building is to be sprinklered, backflow prevention shall be provided in I � � � 11 � � 51 � CIVIL ENGINEERING PLANS T accordance with AW WA M14. The Site Contractor shall construct the waterline to two feet above the finished floor. See mechanical plans for riser detail 51.3 SUBDIVISION PLAT 9. The Contractor shall submit shop drawings for all items and materials Q�� III _ _ _ O C25.1 IMPROVEMENTS PLAN incorporated into the site work. Work shall not begin on any item until shop 6 ALLEN ROAD EAST drawing approval is granted. _ q _ _ ✓I/ C25.2 SITE GRADING PLAN r rG 4 10. In addition to the requirements set in these plans and specifications, the DEWEV PLACE 7 J - I C25.3 UTILITY PLANhEA Contractor shall complete the work in accordance with all permit conditions and any local Public Works Standards. I Mj 1 0 '__ _ _ A C25.4 LIGHTING PLAN M" 11. The tolerance for finish grades for all pavement, walkways and lawn areas C25.5 LIGHTING DETAILS I I - - - - - • - .• • ' - shall be 0.1 feet. I I I r e I3 R LAIE I � � '-wr�o•C C25.8 EPSC PLAN 'v Raal' vn�e 12. Any tlewatermg necessary for the completion of the sltework shall be �,,-J,II'�(141 C25.7 EROSION CONTROL SPECIFICATIONS I considered as part of the contract and shall be the Contractor's responsibility. -"`)IW 1 "" • . -- _ City City - _ _ W 4 wLi 1 5 - STORM WATER C25.8 EROSION CONTROL DETAILS 13. The Contractor shall coordinate all work within C Road R.O.W. with Ci �� authorities. _ - I + _ _ PQNp C25.9 SITE & UTILTITY DETAILS 14. The Contractor shall install the electrical, cable and telephone services in C25.9A SITE DETAILS F -- accordance with the utility companies requirements. 15. Existing pavement and tree stumps_- ' f _ - �_ "=-= C25.10 SPECIFICATIONS LOCATION MAP _ to be removed shall be disposed of at an ' _ Niil I'i, ;PALE approved off -site location. All pavement cuts shall be made with a pavement saw. C25.11 SPECIFICATIONS 18. If there are any conflicts or inconsistencies with the plans or spedfications, _ - Q - r•� '�' % - C25.12 SPECIFICATIONS ontractor the Cshall contact the Engineer for verification before work continues on �J 1 1 ;' ( PROJECT TITLE: ....r .�. the item in question. 1 Ij .�• FiANDEB LANE - - RAC LME - •.•• .:.• •�?• _ ,I 1 tw.. r•". . 1 1' SPEAR STREET AND ALLEN ROAD 6 1A / �' ':.�.'. SOUTH BURLINGTON, VT LEGEND 1 O .''.'.•/..'y' I E- CAP � •-.- �. : \ �f WATER SHUT-OFF HYDRANT GATE VALVE I 1 �m � MAo�„�� [� I �';,yk �.,;�. • / -G- GAS `emu -W- WATER II MA°gq.' LAAg - t / 12 -SS- SANITARY SEWER -•-ST-•- STORM DRAINAGE / 123 j 12 11 --•-Uo-•- UNDERDRAIN EELECTRICAL ciA ' Cr1Ecm -1- 4 1 / 8.19.1E DW/ACL RMSHD Sol EPLAN 1.EE.11 D./ACr. kEV = Ntrc. AND PAR . IaT O.I D.1 D./ACL REND RLDG DDA SDRE . %126 R6T. \\ GRADING REV'D PROP. WN . • E.l R.1 DSY/ACL ARBA Et TO AS-BNLT CONDRr `` \ V •, 1Z7 t REVISED PLAN: DPDBU. 2.6.16 DSY/ACL k SmBEALE3 k ADDn SD A Dr.uPsreR LOT 50 1 LOT 50 \ SyF j �GRAPHIC SCALE OVERALL SITE PLAN FEET) _ .... - MAY, 2013 / -- -- -- -- -- -- = 1,=100 C-25 I , 13162 I I I Co -- -- --I �- I _1_ '. n� _ -► :I I�-(I: I — I II A - _ lIa�)�II U2 , t \ -_ nCeRoIaAVReIeNL i.z Es zNs GIr NANE: E9RazI-Ne9G.-zzASSOCIATES,eVIrH.rnC.. I 2 C 10 MANSFIELD VIEWLANE, SOUTH BURLINGTON, W 05M LRC ACL M^23 26'CBECE0 D3MlWIDE PAVED R ONC.CURBo v j o W/ CPPBDvsn WLAAJC DSM 5 WIDE CONC APPWCANT: SIDEWALKZS rE i I I ✓/� ; IIII - 1 I 7 �+ I I :' SOUTH VILLAGE LK L— - - - - - - - - r I y / COMMUNITIES, LLC. 11111�I1111 � I / _ II III I I� I � I 2+00 ►I II I 1 v 0021 J I I _ `r \ R ENTANG L -4' WIDE \ N( L CONC. WALK 26' WIDE PAVED ROAD � _ __ - = W/ CONIC. CURB SEWER PUMP ♦ - 1 /, 20' WID PA OAD B° STATION - ` - - / arm.aoNe M 4' WIDE—'�_ c _ PAVED ROAD - CONC. WALK / (`��� W/ CONC. CURB SEGMENTAL BLOCK RETAINING WALL •O� 11 5' WIDE CONCRETE W/HANDRAIL 2nd FLOOR BALCONY�'x.�\ ` 0l�"111 SIDEWALK (TIP.) O 8n 4' WIDE CONC. WALK/RAMP vJ 2 `1,� WITH HANDRAIL aQ ' IYMAP EXISTING PROPERTY LINE �Y_T�3 A \ �5' WIDE CONIC. WALK / I • NOT TO SCALE TO BE EXTINGUISHED , I ` Rs. - �-� \ (TYP.) -� a 4 CONC. WALK \1 I`' RM7-:Ic +�I_00 Oo yv ++` -WA. `� / A . PROJECT TITI.E: / \ \ - / / , - EW BIKE - + , v V �I 6 / ICAL 3 6 ` . 6' WIDI`EDNC, STAIRS � � � �-- oo � �_.., i�HAt�D'RAWS. 8+0•) � ,� ., (jam) .+. .4. I 4' WIDE CONIC. WALK ♦ O A _ • / SPEAR STREET AND -CLASS- 3 IPAD / ♦ ./ CONDENSER PADI/ 1 ALLEN ROAD WE7L_AN I _ .Rr SEGMENTALL BLOCK CK. / • ` _ / j' , SOUTH BURLINGTON, VT ) � 1 1 • / RETAINING WALL • ' 7 W/HANDRAIL 6 j LEGEND 18' WIDE PAVED ROAD WITH CONCRETE CURB LIGHT POLE F CAP , _ • � / (P 60' WIDE PAVEDD PARK 6 R,!�3�g� WATER SHUT OFF ING LOT WITH CONCRETE CU PRB ♦ . - AVtj FO R DUMPSTER ENCLOSURE ` I I /'/ HYDRANT FCReyr 3'-6" WIDE CONC. WALK \� �• IOH / 4z_ � �� � •� ® GATE VALVE s % 1'ATy 4' WIDE CONIC. WALK- • li 60' WIDE PAVED PARKING —G— GAS o —W--- WATER \� LOT WITH CONCRETE CURB \` DUMPSTER ENCLOSURE / -- ---"- I _ —SS— SANITARY SEWER 0 4' WIDE CONIC. WALK `\� (NIP•) �� I REC PATAIFETY FENCING LON-•-ST-•- STORM DRAINAGE LIGHT POLE I 4' WIDE CONcIWALK -•-AID-•- UNDERDRAIN AC CONDEN ER PAD 6.8' WIDE CONC. WALK It G/ —E — ELECTRICAL m,P) AT ENTRANCES \ RELOCATED S MENTAL BLOCK 8.1' WIDE CONC. WALK J RETAINING L wa cetcT® BRvrslDx L \` AT ENTRANCES I W/FUND FROT EAST TO //\•/! 16' WIDE PAVED ROAD WITH CONCRETE CURB SIDE OF EC. PATH B.>m.IA D®I/Aa RRVI9RD BLDG SM AND PANNING { �y / . / RPYI LAN: UPDATED BUIILMG C SEGMENTAL BLOCK RETAINING WALL ' °.111.1 DW/A�' ARRA ro As -Boni cDNDmpN �\ - ID.1 E.l pMt/ACL REY`0 BLDG DDA BIDRRALKS, RE]'. W/HANDRAILPWNNUPDAVD BUILDING A D®1/ACL ARRA T_ AS BUILT CONDITIDN 18' WIDE PAVED ROAD r 19 D PLAN: llPDA BmwmG B A AT ENTRANCE k CURVE _ 2.11.1 D9Y/ACI. A 91nRI1ALN4 8: ADD®A DCYPBTER ReC p, WITH CONCRETE CURB LOT 50 Rw T10N Q EXISTING PROPERTY LI / •/ ' D GRAPHIC SCwALE\\` Pgry 0 TO BE EXTINGUIS D , _ ' IMPROVEMENTS PLAN IN FEETI inch It ) DATL nRARING NUYBRR MAY, 2013 "= 30' C-25.1 \ • \ , a4 - - al4 - a4 1'RDI. N. _4 __ __ _ __ -- 13162 I _ I 1 P 1 I=360 08 1 .� _ 1� 'I I II - V. OU = 56.7 PLANS PREPARED BY: �s IN= 52.2 t / 1 IN U= 35 ,.1 i I �- / E M- 58.5 �v ol) ! I I O 1 / CIVIL ENGINEERING ASSOCIATES, INC. V. f�I`� .4 _ t �I I � �� � � 1 1 / 1 fOMANSFIELDVIEW LANE, SOUTH BUflLINGTON VT 05103 aaz-Bea-zszs Fax: eoz-eso-zzn wec: www.cea-H.com V. U'T=3L 2. �� d��-_ iA +' 1M=3 1.5 IN IN=35 N OM N ACL 8 ' \ - i INV. OUT= .8GNRGRRD DSM • Ct FOUN ��• l z I= 6 rJ `1 1 i I= 6 _ I _ rf DSM DRAIN APPLICANT: CONN. SOUTH VILLAGE / • �� b _ _ -- - - l i COMMUNITIES, LLC. LOCATION MAP: Lb 1 �1 _ ' 1 � C / 11 3 0 � ' '•�i,q s � G ,.� lL I lJ O \ _ v r 5 / \ i! o 3 y Rio' `•, S7` ` i �B Tf 08 T RIMI=35 .45 / IQ 6� 1 (c) / INV. SIN= 3.3 / U UT- 53.2_ INV. 0 C 50 C CORE NEW HOLE %C PROJECT TITLE: _ RINe357.41 FOR 6" SDR 35 �PV ` _ _ _._. �n6 , =353.5 s 6 �l Fo FOUNDATION DRAIN � 36 INV.� INV. Q&T=353.4 INV.=355.7 6g 4 �UL SPEAR STREET AND L(0 CB #'50D 1 �\ \ \, - j • ` 36 �D. "w7 / / ALLUR ROAD I SOUTH BURLINGTON, VT RIM=36i9.18 - CB #5QE � •• 36 6 `% I INV. IN=585.5 RIM=364`0 CB #50E �\ E 6 6� 13A LEGEND v TC FOU DATION vgNV. OUT=3�5.4 INV. IN=359.1 RIM=366.07 �� •• - / / 3585 DRAN MIN. 5 wAT_R SHUT-OFF INV. OUT=359.0\ INV.=360.8 �� // °� 12"1BELOW / 6" S{iR 35_J;f S ELEV. • HYDRANT 6 FOUNDATION DRAIN' / //` 1 ® GATE VALVL �� X', % - • i ,� - r —G— GAS EX. POW�R POLE (TYP.) \ J t co ? • —W— WATER 36" , 1 �1 0' --- -- - co —SS— SANITARY SEWER \ \I F N , L) �'� - --- --------...ST-•- STORM DRAINAGE CB #50F ? 1 RIM=366.19 ;' FES 2 --Eo-- FOUNDATION DRN �V • ♦ INV.-•-UD-•- UNDERDRAIN INV.=361.9 _ �� CB #50G =354:3 —E — ELECTRICAL RIM=365.52 • • �O DATE CHECKED / INV. I N = 3 61.1 / .R5.1a DSM/ACL SI RR R RE. 51D I l / RSNISED —G. A. PARKING MT \ ` , / RRV D BLOG 50A Small LK RFT INV. OUT=361.0 CB #50H I 1O.1R.1 DSM/ACL / HALL k GRADING RBVDDROP WNE' R.IR.1 OEM/ACL RRt'JSBD PLAN UPDATED-aWLDRID A RIM=360.1 1 /� \ / / / p V�jSRD PAWAGASN: DILT CONDITION G R / R.11.15 DSM/ACL 1 KTE ADDED A )� INV. I N = 3 5 6 . 0 C B /# 5 0 J / / 2.11.15 DSM/ACL ADDED FOUNDATION DRAIN LMP�D VELCO APPROVAL REQUIRED FOR ANY INV. OUT=355.9 ll ' USES OR CUT OR FILL WITHIN EASEMENT RIM�358.0 / / LOT 50 �\ }` fix. POWER POLE (TYP.) INV. I0354.8 12 R 358 K , , SITE GRADING F _ / INV. II/N=354.7 FLAN INV. 0�11T=354.6 / RAFIND NOMBER 0 GRAPHIC SCALE \� �Fq%�� � i / DATE DMAY, 2013 C� ` R w � I eonlN FEET) -�,, '�.LR 20 C-25.2 1 l ch = 20 It. \ / / PROJ. NO, 13162 l INV.=J' 352.0 1114 soR u fs 3S `I 2,0 6 P „ sph ,FR q.' w �C l'l TFR M NR q Sc p�� eq 3�2p�NR ND oc q t. 1 J • • l -.6" GATE AL - INV. OUT (8"SE)= 361.1 ZVI 6 D.I. WA TER Ou �mw_o...r::-7:4w-zAmmF c u 3X8 TEE SMH #22 STA. if01 3) 8" GATE VALVE RIM= 369.33 � / I x6" TEE INV. IN (6"S)= 0.4 6" GATE VALVE INV. IN (4"W)= �0.4 INV. IN (8"N)= 0.4 / INV. OUT (8"� 360.3 i 8x6" TEE SEE MEC8 / 6� . GAT AL ENE7-RA TION Lqo S FOR 8" ATE pU L T N. T o ETC_ R \ �_ / ■ ■ 6 EXIS c INV,6 Sp I a \ 0♦♦mftftft• 400 GRAPHIC SCALE\� ( IN FEET)\` 1 inch - 20 It / SMH #21 STA. 214+73 RIM= 363.3 INV. IN (6"S)= 354.5 INV. IN (8"W)= 354.4 4f INV. OUT (8"N)= 354.3 0 ' e PLANS PREPARED BY: r CIVIL ENGINEERING ASSOCIAM INC. ,O MANSFIELD VIEW LANE, SOUTH BURLINGTON. VTO510J RO)-99 =S FAN: EOR-0DI-M, — nrAv.caRrr.can ACL ce9cEED DSM APPROVDD DSM APPLICANT: SOUTH VILLAGE COMMUNITIES, LLC LOCATION MAP: PROJECT TITLE: SPEAR STREET AND ALLEN ROAD SOUTH BURLINGTON, VT LEGEND F CAP �f WATER SHJT—OFF HYDRANT ® GATE VALVE —G— GAS —W— WATER —SS— SANITARY SEWER ---ST—•— STORM DRAINACE --UD-- UNDERDRAIN —E — ELECTRICAL DATE CBRCRBD REVISION 1.17.1 DSM/ACL RMSRD BIDC. C AND CTILRIES .20.14 DSM/ACL REVISED BLDC. A AND UTILITIES 1.1A.1 DSM/ACL. DII1E eOA 9NRRAIIIR. RRT. IA". k CIUDINC. —'D PROP. LINT. I.IR.1 DSM/ACL 9 A5 PDA B 1 INC. A AREA TO -RNLI CONDRION ;.I3.1A DeY ACL / R PIA U DA B INC k SIDRI=S k ADD® A DC. ­ LOT 50 UTILITY PLAN Dw.nvc NcuBEB MAY, 2013 20' C-25.3 I NC I& No Text No Text March 18, 2015 Robin Jeffers South Village Communities, LLC P 0 Box 2286 So. Burlington, VT 05403 Re: Minor Lot Line Adjustment Approval #AD-15-01 — 74, 100, 144 So. Jefferson Road Dear Ms. Jeffers: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the Administrative Officer on March 17, 2015 (effective 3/17/15). Please note the conditions of approval, including that the final plat plan must be recorded in the land records (in mylar format) within 180 days (must be submitted to me in time for recording along with a $15 recording fee by September 13, 2015) or this approval is null and void. If you have any questions, please contact me. SinG�l , Raymond J. Belair Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846,4101 www.sburi.com 1 r southburlington PLANNING & ZONING Permit Number AD-- D (office use ail ) APPLICATION FOR MINOR LOT LINE ADJUSTMENT All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review by the Administrative Officer. 1) OWNER(S) OF RECORD (Name as shown on deed, mailing address, phone and fax #) South Village Communities LLC and SMSDC LLC (share same address) PO Box 2286, South Burlington, VT 05407 802-316-6004 -_ 2) LOCATION OF LAST RECORDED DEED(S) (Book and page #) see attached Deed-garag. 2 3) APPLICANT (Name, mailing address, phone and fax #) Owner(s) 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) fee simple 5) CONTACT PERSON (Name, mailing address, phone and fax #) Robin Jeffers (same as owner) and Dave Marshall, CEA 864-2323 5a) CONTACT EMAIL ADDRESS robin@sdireland.com and dmarshall@cea-vt.com 6) PROJECT STREET ADDRESS: 74, 110, 144 South Jefferson Road, South Burlington South Village Development project 7) TAX PARCEL ID # (can be obtained at Assessor's Office 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) 3 multifamily buildings, and surrounding walks and parking, landscaping b) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) Property line adjustment is made to accomodate retaining walls distance from the property line, the balance of developed to undeveloped land is equal. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 9) LOT COVERAGES FOR EACH LOT LOT #1 (Street Address): 74, 110 and 144 South Jefferson (South Village, LOT 50) a) Building: Existing see plan % Proposed see plan % b) Overall (building, parking, outside storage, etc) Existing see plan % Proposed see plan <y o c) Front yard along each street Existing % Proposed % (applies only to commercial property) LOT #2 (Street Address): South Village LOT 48 (undeveloped lot)(no street address) d) Building: Existing 0 % Proposed 0 % e) Overall (building, parking, outside storage, etc) Existing_% Proposed 0 % f) Front yard along each street Existing % Proposed % (applies only to commercial property) 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) Rec Path easement, VELCO Easement 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) None 13) PLANS AND FEE Plat plans shall be submitted which shows the information required by the Land Development Regulations. Three (3) regular size copies, one reduced copy (I I" x 17"), and one digital (PDF-format) copy of the pllaan"s" mus be submitted. Applicant fees must be included. / 1. AIM ►NI 1 /441-V r� Minor Lot Line Adjustment Application Form. Rev. 12-2011 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Digitally signed by Robin Jeffers Robin Jeffers DN cn=Robin Jeffers, o, on, email=r Robin Jeffers, , ou, c=US Data: 2015.02.25 09:51:27 -05'00' SIGNATURE OF APPLICANT Digitally signed by Robin Jeffers Robin Jeffers DN Robin Jeffers,. on, emaitil=robin@sdirelandcom-US Date: 2015.02.25 09:51:40-05'00' SIGNATURE OF PROPERTY OWNER #1 Digitally signed by Robin Jeffere Robin Jeffers DN cn=Rabin Jeffers, o, ou, email=robin�edirelend.com, -US Date: 2015.02.25 09:51:52-05'00' SIGNATURE OF PROPERTY OWNER #2 Do not write below this line DATE OF SUBMISSION: I have reviewed this application and find it to be: ❑Complete ❑ Incomplete Administrative Officer Date The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 8 79-56 76 to speak with the regional Permit Specialist. Minor Lot Line Adjustment Application Form. Rev. 12-2011 20' ACCESS EASEMENT SERVING / reAa 1 JA' I I MASTER HOMEOWNERS ASSOCIATION !\i0 q ro DRAINAGE 9Bx@R NOTE �i �AC. I I aAxA¢ 'r NOTE 1: INOI GATES STORMWATER MAINTENANCE - COE�D O�pp I I I EAaoR r.M1 - , EASEMENT (TYPICALLYAG 20' WIG) CENTERED ON SVBSVRFACE DRAtNACE COMPONENT$ I I FW. ROM GRID NORTH OR WSU lIONa 'IP! am AC. } yoT,rROTrx 1 0.2e AC RC RII N �- yMi ale AC. 9 r N.. r °" _. t•1 rxn b�Ar'A O 20 WATER MAIN O II ` 1 O O III O cIq' 57 �i O�a� ) 11 CO EASEMENT To aTv 0.21 AC. I $ d9 184.94 ACRES ro Nl-' b / O.1m ACM fah 0.16 Aa 0.IS Ac. q O r II �° 0.20 AC. ( '.i Ylg slpp 16 j J1 / it/ `� Ian A. I I a1T AC B 8AC. /g ak O " ro 9; N ro I' ro N I ro o.le its STORMWATER EASEMENT / / 0.Eo ACRES I I j I j II Il I ro TO BE CONVEYED i ro 1 1 t1._ _ - L ro CITY L � / « 8OVrH JEFFEFSON ROADS $ I SITE ENGINEER: 1Au I� A m1$ CIYO, ENGNEERING ASSOCIATES, INC. 4. ­­T 0 1- 41 DRA,N ACL Ail 0.SM �xP OWNER'. 1 Aa usncnr ..> (u Na,E ,T R-Jpa• / / I - `LLE ors" ws SOUTH VILLAGE N9l3YwS / MULTI -FAMILY DEVELOPMENT _n.av - O a -C I I STORM WATER \ -�\ RIGHTS GFERRED PENDING , 1 o..x• - 'l POND u,aon \ \ / Z t 1 faII rron , / CITY OF SOUTH BURUROVAL 1 I . 1 JQ D.R.B. SITE PLAN APPROVAL I COMMUNITIES, LLC. AC. , OM � ` STORMwATER \ (LOT 90) 1 , AC. L �1§ (:OAIIAON 6 aee ACRES (D • 'bT• \'�iQA. - J r-,_- \ 1 _, _ r y� POND 1 I TN S TRAT DEPICTS THE PRO ED su-SIDN \ TEMPORARY EASEMENT SERVING 1 - 1 0.92 ICRL9 O 1 (� 2H O.IT A PortTtox OF THE SUBJECT PROPERTY BASED 1 1 T, f 4 •b UPON OUR SURVEY of THE ENTIRE PROPERTY. HOMEOWNERS ASSOCIATION. T (p 1 1 (3) r g AP Y R •r •An L _ _ - -/- EASETAENT AND CUL-G-SAC TDI Qr� , Q19® I % O.N ACRE L.- ti-.� L.-Np3Twt- �y�- N�ypy' I \ REFERENCE BIYLLL BE LMDE TO OUR PIAr TRLEp: BE TERMINATED UPON EXTENSIDNI 4 A AC. 1 J _ _ �_. _. _� r _-,To.ao „ z L179py y -"�1Pj -yRta- E _ _ _ \ 'DDxTAvlOullw+ RExDCAYf TRulI - SOVRI OF THE ROADWAY. I 1 IlJ l- - QSB°�y�E - 1 - 9 r �E O.1N * .�1 I na aw4ro `"yer A� \ �~y 0 \ \ � \ REC RDEo NIN THof E 50VIVIN SURLINo�TON ILARo Li sl' F..h 2/A f V'A r _ yyx llr` _. OtAx.at E�yr� ; V. I \\ \\ RECORDS. �,..x{. 3 I \ \ TO THE BEET OF MV DNowTE00E A RELIEF THIS (X� WYa, II -N•y. �` B a/Y ACRES I All sC AI . N W I I \ \ PUT PNOPERLY DEPICTS A PROPOSED MY _ - -T 1 1 a9R ICREB I�, P _ N ]S I VIOL x� 013 o Iy O i I / \ \ R11R0 WU RV IANO SURVEYED O UNDER MY {{YYYi 1 (31 fit r 19 IU, _ L _. pyyyy�y _._ J k R .IIy.K[ \ \ DaIECT 9UPERVIagN. E%IRT NO BOUNOAREB 27 - ' I O.IW Aa 0.19 I I. R yr [[6 \ OUR '•E. 1 C o.2a ADl® 9 O (WE xNE D I 1 AREIN a PHYSI�CALL EVnE- RECOVERED AN. 0.34 ACC �j1- T11�1 _ - i,o.ava j I ro 1O 1+ N I I ro 1 NI (y •j 47 �� I i1 • • 1 I co�.suesT 'TIu�ON IS IN SUBSTANi� FUTURE .0. SITE SUBJECT ( a 1 1� F co)_ _ � d L I _ -" ��A�E WTIN ]T V9A ,bJ. IN STATEMENT TO CITY OF SOUTH BURLINGTON D.R.BI i O.el AL7I>m ? 1'J ! \ 1. •.TT%L 8 1 _n _ _ I � VALID ONLY WHEN ACCOMPANIED BY MY DRID AL SITE PLAN APPROVAL I (3) C �{ - J Y$? yaOe 4_ _ - r rx + ' - - no-m"' �- 0.20 Acasa 77aa r - 0.99 Ac. � a s I I _-vr IL SW (LOT t1) 11 I 1 spa Te s',EAj'°cY`j ,J �n7_. ro � r i i � IOC O �y TIMOTHY RcowAN reOVE sroT O I yyEe 'R(�No,-yT '�„ea_._ I 32 I 41� al9 = I F.:i I O i 1 16F PROJECT TITLE: ,ADm Ts - rG J ' (v Ac. 4 am AC® (P q A I I , ( I 0-.W - AM JI N O.E9/CB ao4 ACRES �_I I LN" 'AC'o1® �,i; / '♦ IIII ZJ �I� MP SOUTH VILLAGE O25 CIlY 9o.zo ARTs 1IFx ro 0.13 O 11 ® w3*1�-a .s . 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T I s ays 91� yls o.z9\TclRs FrlI _ - r11, 1 I -st R' ro - 11' MULTI -FAMILY DEVELOPMENT 1 1 9 as AgA18 - 91 I 1 I RIGHTS CITY OF SEWR DPIBURIL(NI 1 �A 1 __L---_,_I 1 DRB SITE PLAN APPROVAL I �' 11 / 1 _ _py t J R Nmural'L > I I I/ r / ! aa' R.O.N. / O " g3 O ID _-- 0.6} ACRES / / Q (LOT 4) 1 1 I C I Y�aI raAa{xlwr 1 ., o.9e ACRas EIS 18 aO _ ---- J L _ _ -aa�m am,rayN •A w . \. �W c►iIPMANSTfET IyaxoLS; r �` ,_ T I LOCATION MAP (1) 0.20 AM 1 0.a9-A1C�e - h °" u Orx 'a'srry .yET NOT TO SCALE C'3 ' Igf <y� I I ro 1 - _ _ - _ _ _ _ _ ro \ w_ n. R. n m ro I J L- - WT-•e _--1- 'MN,A,Da O I � - -1 - - - l I 1 I •,.,a „P> r _ r _ � f _ , n .AT. Wn•. R.,mPI, O L_J.�x -3.0r- Eaves L-- xrAW"ra.O o+r.. Thh1 o.4T ACl® 1 t1 O ffI fI I- ?� 11 1 1 1I .1 AB ARAwvxra S"3 I O 71,Iy JSc ;I" O 19� O �•I �I$II O 1'f�.x � 1 I I � s-M 1� a,Rc fors N.a '-_ _--``_-�_-`__\` N 9nKxu9alD,rx Ic 60.1T AC. "C 0.1T AC. -I� 0.17 Aa I 0.17 AC. IT'12, 1 l I l 2-25-14 ac Aw an .00lassLs IASIM AxaII oT LPf b I g i I I I D.Ea ACR® \ ) STORMWATER EASEMENT I I N/F \ mar (D I 1 I TO BE CONVEYED I♦ P. 8 J. Clifford '-'s-N We m. ATT. Ao.W OxDlsv, ueas CA) I' Y na `; Lar .. AO I ro I ro I ro I I j l ro \v TO CITY I /F LCN CwPMAN T Row 2.OT ACR)D I I I f --- ---`- ��� -�� 1 _ - (5heleHrne) n-M-IJ ,AC/Aa gEv.'LoiSs sA. zXz6A L _ _.J L_ _.J L- _1 L. -J � _ z-J as-Ao«. 0.m ACRES ,. I I IO-zI-,] IAa/Aq R[NR:D Lors s m LOT Y � I STORMWATER EASEMEN 1 - 50°O° \ I W NEC. PATI� ( ( TO BE CD IVEYED TO CITY, _ ` _ £ W EASE. TO pTM I I 1 - _ - _ //JJ�O' DR _ STORMWATER EASEMENT e _ _ _ _ _ _ _ _ / \ \ I /' a-3O _ o me AmLo u>oan roLLors « E a (� I 1 _ -l. `_`'uNAOE`` TO BE CONVEYED TO CITY 8 I I STORMWATER LICENSE (WITHIN R.O.W.) TO BE l-ri-� mt Ixnvr LOT Ilk AID LOT Ds r VEYE TH # I ORMWATER I ���_`` --_-___-__--_--- -- STO MWATPONDS R 1 8 \\ 1 I� VIOLLAGEE COMMUNa S A I^7 WIDE DRAINAGE I Ig` w POND I IRREVOCABLE OFFER OF ��� J TORMWATER PHASE 1 *'I 'III TO CITY I 1 DEDICATION - 14- % 200• - � - - _ _ - _ _ _ _ C. POND g i _ - _L20_RECREAITON PATH EASEIAENT TO qTY -_--_ pryl - , CEMENT TO PIE SUBDIVISION yBBUR[RF R.O.W. EXPANSION t1 �LI _ ' // OWT! NVEYOF E TO -I- I-------------------------- - - �I) �•'' ---- - ------------ w 20' WIG DRAINAG EASEMENT TO CITY Lw arp __r REC PATHLp'EASE;r z---__--_---------------,:--1----------------�-- -�-- - ---- PLAT ------------------------- -------------- _ _ _ _ __ y 2 TO awr 6TI�T SPEAR EDGE OF E705TINC R_-__68 PUBLIC ROW_______-____________ �M S�T____ _________-______- TO BAMOW ROAD ______- OA.e R -- ------ ---------------- -- -- oAD�--------- - JULY, 2004 z----------. -� ` ,---- -T r--------------T�---------------------------------------------T --- ----•- i�--- jt---�E--- T-_-��---- I� �r ( ouauw. acAu I _ _ GRAPHIC SCALE. - _ _ S1.3 I 11 APPROVED BY RESOLUTION OF THE 0[:YELOPMBVT REVIEW _ - - I I x P - ao, I RECEIVED FOR RECDROM IN THE LAND RECORDS Of BOARD OF THE CITY OF SOUTH BURLINGTON, VERMONT, BUIRLWOMMI _ 18,a. xa I I ON THE _ D14Y OF _� 20-� SUBJECT TO Tiff THE CTIY OF OCLOCK ON THE ' �R DAY OF I REQUIR I i Ich BO) a 01243 xy SIGN EO THIS_OAYOF .10_ ATTEST. CITYCLFAK BY . CTf4WTP6L90N WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, that It, SOUTH VILLAGE COMMUNITIES, LLC, a Vermont limited liability company with its principal place of business in Williston, County of Chittenden and State of Vermont, the Grantor, in consideration of the sum of Ten or More Dollars, paid to its full satisfaction by SMSDC, LLC, a Vermont limited liability company with its principal place of business in Williston, County of Chittenden and State of Vermont, the Grantee, by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: 0 Being an unimproved lot, Lot No. 50, in South Village, South Burlington, Vermont, a multi -phased, conservation community (the "Lot"), together with a non-exclusive easement over, and right to use the streets, walkways, utilities and other Common Elements in South Village. South Village was created and described in the Declaration of South Village Community Association, and Covenants, Conditions, and Restrictions dated May 21, 2008 and recorded in Volume 815, Page(s) 384-467 of the City of South Burlington Land Records (the "Declaration'). The Lot is shown and designated as Lot 50 on the Plats and a Plans recorded in the City of South Burlington Land Records one of which is entitled "Phase 1 Subdivision Plat" prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised November 14, 2013, and recorded in Map Slide 573, Page 6 of the City of South Burlington Land Records (the "Plats and Plans"). Said Lot 50 has an Easterly boundary of 140.77 feet +, a Northerly boundary of 562.48 feet +, a Southerly boundary of $ 555.63 feet +, and a Westerly boundary of 112.81 feet +. Lot 50 has street addresses of 74, 110 and 144 South Jefferson Road, South Burlington, Vermont. a o Being a portion of the land and premises conveyed to South Village Communities, LLC by Warranty Deed from Paul R. Calkins dated November 29, 2007, and recorded in Volume N 801, Pages 465-466 of the City of South Burlington Land Records, and in Volume 348, oPages 416-417 of the Town of Shelburne Land Records. That portion of South Village 0 located in the Town of Shelburne is a small triangular parcel of undeveloped land, as shown on the Plats and Plans. W The land and premises described herein are subject to and have the benefit of all of the A easements, rights of way, rights, covenants, conditions, restrictions, permits, approvals, regulations and certificates of occupancy described in the Declaration of Community Association and Covenants, Conditions and Restrictions for South Village, including all Exhibits and Plats. As described in the Declaration, the Owner of each Lot has one (1) vote in the Association. The Owner is automatically a member of the Association, and hereby assumes a share of the obligation, (Percentage Interest) in common with others, for the Common Expenses of South Village, all as set forth in the Declaration. Also included in this conveyance is a non- exclusive right of way for ingress and egress and utilities over and through the Common Elements of South Village, all as shown on the Plats and Plans for South Village recorded in said Land Records. Grantee is subject to the terms, conditions, and covenants of Article VIII of the Declaration which, among other conditions, requires that one-half of one percent (1/2%) of the sales price of each and every subsequent conveyance of the property, be paid into a dedicated fund (the "Stewardship Fund") to be used solely for community stewardship purposes, pursuant to Section 8.04 of the Declaration. This condition and covenant runs with the land. All deeds of conveyance shall reference Article VIII and Section 8.04 of the Declaration. A failure to abide by these covenants and conditions shall create a lien against the property in favor of the Association, acting on behalf of the Stewardship Fund, in the amount of the required contribution. The Association, or its designee, may exercise all of the rights of the Association for the collection of Common Expenses from the Property Owner provided in Article XVIII of the Declaration, including, but not limited to, a collection action or foreclosure. This conveyance is subject to and benefited by all easements and rights of way, protective covenants and other restrictions of record, and the terms and conditions of all state and municipal permits and approvals set forth in Exhibit A to the Declaration. Reference is expressly made to the conditions and restrictions concerning two archeologically sensitive areas described in Land Use Permit #4C1160R-1, and shown on Exhibit E attached to the Declaration. Conditions # 29 through #37 of said permit require the two archeologically sensitive areas to be identified, platted, and protected by buffer areas. In addition, the permit prohibits any disturbance of the ground within these areas, requires permanent markers ("no ground disturbance permitted" and "archeologically sensitive areas — No ground disturbance permitted"), and exclusionary fences to protect the areas during any construction activity near the sites. The Community Association and the Owners have an ongoing obligation to ensure compliance with all applicable laws, regulations and permit requirements, including those listed above. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted Premises, with all the privileges and appurtenances thereof, to the said Grantee, and its successors and assigns, to their own use and behoof forever; and It, the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, and its successors and assigns, 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 it is FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. 2 SOUTH VILLAGE COMMUNITIES, LLC, by its Duly Authorized Agent, has caused this instrument to be executed this _&fZiay of June, 2014. SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: ��o � J-11- j Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County and State, this _ZL day of June, 2014, personally appeared _ JQ4 Authorized Agent of Spear & Allen, LLC, Managing Member of SOUTH VILLAGE COMMUNITIES, LLC., and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of Spear & Allen, LLC and SOUTH VILLAGE COMMUNITIES, LLC. Before me, Q\."� '�)' &=eL , to Public -aixl� 1 rt L . 2,)11 o (o,*ission Expires: 2/10/2015 i11>=+33742 Pi=PIVed Feb 1il.201c Recorded in VO! : 1253 F`G= r f�Gj OF So. Burlington Land Rec . Atte—_t; 0._ana Kinviile City Clerk- NOTICE OF CONDITIONS OF SUBDIVISION APPROVAL V = 1253 PG = 144 WHEREAS, South Village Communities, LLC, a Vermont limited liability company with its principal place of business in Williston, Vermont, (hereinafter "Owner"), is the owner of certain property known as South Village Community located at Allen Road and Spear Street in South Burlington, Vermont (the "Property"), and; WHEREAS, Owner has obtained approval from the South Burlington Development Review Board for the development of Phase 2 on the Property, as shown on a plan entitled "Phase 2, Lotting Plat, South Village Communities, LLC, Spear Street, South Burlington, Vermont," Sheet P2, prepared by Civil Engineering Asso iates, Inc., dated October 31, 2013, last revised December 8, 2014 and recorded in Map SlideJr$ � Page ,,f of the City of South Burlington Land Records (the "Plat"), pursuant to Findings of Fact and Decision on Final Plat Application # SD-14-33 of the Development Review Board dated December 17, 2014; and WHEREAS, the terms and conditions of the Development Review Board's approval impose certain conditions on the Property. NOW THEREFORE, the Owner hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless or until modified or removed by the South Burlington Development Review Board or its successor: 1. The Property shall be developed and used in accordance with the terms and conditions of the Development Review Board's Findings of Fact and Decision on Final Plat Application # SD- 14-33 granted on December 17, 2014. 2. All previous approvals and stipulations shall remain in full effect except as amended herein. 3. This project shall be completed as shown on the Plat. 4. For purposes of compliance with the City of South Burlington Land Development Regulations now in effect or hereafter amended or adopted, including zoning and subdivision regulations, all "footprint lots" contained within Common Land "A", being units labeled # 1 through # 12 on the Plat; Common Land `B", being units labeled # 13 through # 19 on the Plat; Common "C", being units labeled #20 through #25 on the Plat; and Common Land "D", being units labeled #26 through #37 on the Plat, shall be considered one (1) lot within each respective Common Land "A" through "D" for planning and zoning purposes (i.e. for coverage and dimensional requirements), even if the footprint lots are conveyed to separate owners. 5. Nothing in this notice or the conditions or covenants contained herein shall be construed to prevent the conveyance, lease, assignment, mortgage, or other transfer of any interest in or to any one of the footprint lots as separate and apart from the other footprint lots within each respective Common Land "A" through "D", provided that the Owner or its successors or assigns seeks Development Review Board Approval for any subsequent subdivision of the 00033742 V ; 1253 PG.- 145 footprint lots pursuant to the Land Development Regulations, if applicable. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 7. The proper party for the purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be the then owners of the footprint lots or their duly authorized representatives. The City shall act upon any applications submitted by all owners of the footprint lots or their duly authorized representatives and shall not be required to resolve a dispute between the owners as to the respective rights of the owners. It shall be the duty of the owners to provide written notice of any such applications to all others having an interest that may be affected by the application proceedings or the commencement of such proceedings. 8. Any action to enforce any City ordinance or regulation, including zoning and subdivision regulations, or activities or events occurring on the footprint lots shall be brought against the then -owners of the footprint lots or their duly authorized representatives. It shall be the duty of the owners of the footprint lots, or their duly authorized representatives, to provide written notice to all others having an interest in the footprint lots that may be affected by the enforcement proceedings or the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the then owners of the footprint lots. 9. Any changes to the Plat shall require approval of the South Burlington Development Review Board. 10. This Notice of Conditions shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying any one of the footprint lots. 11. This Notice of Conditions shall be binding upon the Owner and the Owner's successors and assigns. Dated at kJ i STATE OF VERMONT COUNTY OF CHITTENDEN, ss: Vermont, this 5 day of February, 2015. SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: �`� �. Its Dul Authorized g t At in said County and State, this 1� day of February, 2015, personally appeared Duly Authorized Agent of Spear & Allen, LLC, Managing Member of South Village Communities, LLC., and she acknowledged the within 1-10033742 V: 1253 PG." 146 instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of�; Spear & Allen, LLC and South Village Communities, LLC. Before me, Notary Public Commission Expires: 3 CITY CLERK'S S QF"F'IC-f-_ 011103743 V125- FG -- R.ace i vPrj Feb 10, 2Q15 11:25A �;eccrd_d in VOL: 1253 PG: 147 OF :�G. 8 ' in3ian Land Re;__rd� At t e-st Donna Kinville Ci C1._rk IRREVOCABLE OFFER OF DEDICATION SOUTH VILLAGE COMMUNITY This Agreement is made this 5 day of , 2015 by and between SOUTH VILLAGE COMMUNITIES, LLC, a Vermont lirAited liability company with an office in the Town of Williston, County of Chittenden and State of Vermont, Vermont (hereinafter referred to as "Owner") and the CITY OF SOUTH BURLINGTON, a Vermont municipality located in the County of Chittenden and State of Vermont (hereinafter referred to as "City"). WITNESSETH: WHEREAS, the Owner sought Final Plat approval for Phase II of a 334 unit planned unit development, South Village Communities. Phase II is depicted on a plan entitled "Phase 2 Overall Plat, South Village Communities, LLC, Spear Street, South Burlington, Vermont" Sheet P1, prepared by O'Leary -Burke Civil Associates, PLC, dated October 31, 2013, last revised December 8, 2014 (the "Plan"); and WHEREAS, the terms and conditions of the final approval of the City of South Burlington Development Review Board by Findings of Fact and Decision on Final Plat Application #SD-14-33, dated December 17, 2014, (the "Decision"), requires that the Owner dedicate to the City certain streets and roadways, utilities, drainage/stormwater easements (which will be conveyed to the City in accordance with the City of South Burlington Stormwater Ordinance, and pursuant to a separate instrument, which the Owner hereby irrevocably agrees to execute and deliver to the City) and recreation path easements all as shown and depicted on the Plan; and WHEREAS, the terms and conditions of the Decision requires the above -referenced streets and roadways, easements and other interests are all to be dedicated to the City free and clear of all liens and encumbrances; and WHEREAS, simultaneous herewith the Owner has delivered to the City Warranty Deeds of conveyance for the above -described streets, roadways, easements or interests therein as shown on the Plan, unexecuted copies of which are attached hereto as Exhibits A, B, C, D and E which the City can record upon its acceptance of said easements, streets d other property interests as evidenced by this Irrevocable Offer of Dedication, dated February, 2015, and to be recorded in the South Burlington Land Records. NOW, THEREFORE, in consideration of the terms and conditions of the City's final approval and for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner herewith delivers to the City Warranty Deed and Easement Deeds, unrecorded copies of which are attached hereto as Exhibits A (Roads and Streets), B (Recreation Path), C (Stormwater/Recreational Path), D (Sidewalk) and E (Wastewater/Stormwater), said delivery constituting formal offers of dedication to the City of the each of the respective property, easements and interests, the same to be held by the City until the acceptance or rejection of each such offer of dedication by the City Council. 147 i 00033743 \ V = 1253 PG-- 143 2. The Owner agrees that each said formal offer of dedication is irrevocable, and each can be accepted or rejected by the City individually at anytime. Owner covenants and agrees that it shall obtain discharges of all liens and encumbrances on Owner's property comprising the offered properties/property rights if and at such time as the City determines it shall accept the offered properties. 3. This Irrevocable Offer of Dedication shall run with the land and shall be binding upon the Owner and all assigns, grantees, and successors of the Owner. SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: Its DuW Authorized ge STATE OF VERMONT COUNTY OF CHITTENDEN At �� j 1�` , in said County and State, this day of February, 2015, personally appeared Robin Jeffers, Duly Authorized Agent of Spear & Allen, LLC, Managing Member of SOUTH VILLAGE COMMUNITIES, LLC., and she acknowledged the within instrument, by her subscribed, to be her free act and deed and the free act and deed of Spear & Allen, LLC and SOUTH VILLAGE COMMUNITIES, LLC. _ s• Before me, Notary Public e Commission Expires: =%- CITY OF B GTON By:; Kevin Dorn, City Manager and Its Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN 44 At South Burlington, in said County and State, on this & day of 2015, before me personally appeared Kevin Dorn, City Manager and duly authorized agent of the CITY OF SOUTH BURLINGTON, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me, Q Notary Public Commission Expires: d - io do )S 2 03-1033743 V : 1253 PG-- 149 EXHIBIT A WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS THAT SOUTH VILLAGE COMMUNITIES, LLC, a Vermont limited liability company with an office in the Town of Williston, in the County of Chittenden and State of Vermont ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee and its successors and assigns forever, certain parcels of land owned by Grantor in fee simple and situated in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: The following strips of land as depicted on that certain plat or plan entitled "Phase 2, Lotting Plat, South Village Communities, LLC, Spear Street, South Burlington, Vermont," Sheet P2, prepared by Civil Engineering Associates, Inc., dated October 31, 2013, last revised December 8, 2014 and recorded in Map Slide _, Page _ of the City of South Burlington Land Records, hereinafter called the "Plan": MARSH ROAD That strip of land depicted as "Marsh Road" as shown on the Plan. The centerline of said road or street being more particularly described as follows: Beginning in the easterly sideline of Spear Street, thence running generally easterly, then southerly, then easterly for a total length of 1,472.4 feet, more or less, to its southerly terminus and intersection with the westerly sideline of "North Jefferson Road". Marsh Road shall have a uniform width of 52 feet, more or less. "Marsh Road" abuts the following lots as shown on the Plan: 38, 39, 42 through 47, 48, 48a, 49a, 50, 63, Common "C", and Common Land "D". NORTH JEFFERSON ROAD That strip of land depicted as "North Jefferson Road", a northerly extension of "North Jefferson Road (Exist.)" as shown on the Plan. The centerline of said road or street being more particularly described as follows: Beginning at the northerly terminus of the Phase I portion of North Jefferson Road, in the vicinity of Phase I, Lot 11, then running generally northerly, for a total length of 1,639.6 feet, more or less, to the northerly limit of Phase II. North Jefferson Road shall have a uniform width of 60 feet, more or less. North Jefferson Road abuts the following lots as shown on the Plan: 48, 59, 60, 61, 81, Common Land "A", Common Land "B", Common "C", Common Land "D". CHURCHILL STREET That strip of land depicted as "Churchill Street" as shown on the Plan. The centerline of said road or street being more particularly described as follows: Beginning in the northerly sideline of "Marsh Road", thence running generally northerly and then easterly for a total length of 737.5 feet, more or less, to its easterly terminus and intersection with the westerly sideline of "North Jefferson Road". Churchill Street shall have a uniform width of 60 feet, more or less, for the portion running northerly for 434.9 feet and a uniform width of 50 feet, more or less, for the portion running easterly for 302.6 feet. "Churchill Street" abuts the following lots as shown on the Plan: 48, 50 through 56, 61, 71, 81 and Common "C". ti-ii i33743 ) V ' 1253 PG: 150 The above -referenced streets and rights -of -way being a portion of the lands and premises conveyed to the within Grantor by Warranty Deed of Paul R. Caulkins, Trustee, dated December 2, 1997, and recorded in Volume 419, Page 454 of the City of South Burlington Land Records. This Deed, and any individual deeds that the Owner may provide to the City for the conveyance of streets and roadways within Phase II of South Village, shall each be and act as a Bill of Sale to convey to the City of all of the Grantor's right, title and interest in and to the roadways hereby conveyed and any subsurface water, stormwater drainage and sewerage lines, valves, catch basins, equipment and any appurtenances thereto, located within the deed right(s)-of-way, together with all sidewalks and curbing constructed therein. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoove forever; And the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, 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, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed this day of , 20. SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: Its Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, ss: At , in said County and State, this day of 20_, personally appeared , Duly Authorized Agent of Spear & Allen, LLC, Managing Member of South Village Communities, LLC., and she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of Spear & Allen, LLC and South Village Communities, LLC. Before me, Notary Public Commission Expires: 4 EXHIBIT B RECREATIONAL PATH EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS THAT SOUTH VILLAGE COMMUNITIES, LLC, a Vermont limited liability company with an office in the Town of Williston, in the County of Chittenden and State of Vermont ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of constructing, repairing, replacing and maintaining a recreational pathway for public use over, on and through land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being a strip of land twelve (12) feet in uniform width depicted as "E8 Rec Path" (the "Rec Path") on that certain plan entitled "Phase 2, Easement Plan, South Village Communities, LLC, Spear Street, South Burlington, Vermont," Sheet P3, prepared by Civil Engineering Associates, Inc., dated October 31, 2013, last revised December 8, 2014 and recorded in Map Slide _, Page _ of the City of South Burlington Land Records. The exact location of the center line of the Rec Path will be fixed by the location of the Rec Path as actually constructed. The Rec Path 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 Rec Path, except motorized vehicles used by the Grantee, or its agents, for the purpose of maintaining or patrolling the Rec Path. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said Rec Path, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored as near as reasonably practical to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it customarily. maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right-of-way five feet on each side of the Rec Path is hereby granted. Said temporary easement and right-of-way shall expire once construction is completed and the Rec Path is open to the public. 1 cii--133743 ) V _- 1253 PG: 1512 The within Grantor, its successors and assigns, shall have the right to make use of the surface of the Rec Path such as shall not be inconsistent with the use of the Rec Path, but specifically shall place no structures, landscaping or other improvements within the Rec Path which shall prevent or interfere with the within Grantee's ability to use the Rec Path. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of the Rec Path by the Grantee. Being a portion of the lands and premises conveyed to the within Grantor by Warranty Deed of Paul R. Caulkins, Trustee, dated December 2, 1997, and recorded in Volume 419, Page 454 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoove forever; And the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, 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, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed this day of , 20 SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: Its Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN At , in said County and State, this day of 20, personally appeared , Duly Authorized Agent of Spear & Allen, LLC, Managing Member of South Village Communities, LLC, and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of Spear & Allen, LLC and South Village Communities, LLC. Before me, Notary Public Commission Expires: 0 l 001-133743 ) V = 1253 PG: 153 EXHIBIT C STORMWATER/RECREATIONAL PATH EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS THAT SOUTH VILLAGE COMMUNITIES, LLC, a Vermont limited liability company with an office in the Town of Williston, in the County of Chittenden and State of Vermont ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a perpetual easement and right-of-way for the purposes of stormwater drainage and other future uses, including, but not limited to constructing, repairing, replacing and maintaining a recreational pathway for public use, over, on and through land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being a strip of land approximately twenty (20) feet wide depicted as "20' wide multi -purpose easement for stormwater and potential future recreation paths" running along the easterly side of Spear Street from Allen Road northerly to the northwest corner of the Property shown on that certain plan entitled "Phase 2, Easement Plan, South Village Communities, LLC, Spear Street, South Burlington, Vermont," Sheet P3, prepared by Civil Engineering Associates, Inc., dated October 31, 2013, last revised December 8, 2014, and recorded in Map Slide _, Page _ of the City of South Burlington Land Records ("20' Wide Stormwater/Rec Path Easement"). In addition to its use as a stormwater easement, the 20' Wide Stormwater/Rec Path Easement may also be used by the public as an easement for 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 20' Wide Stormwater/Rec Path Easement, except motorized vehicles used by the Grantee, or its agents, for the purpose of maintaining or patrolling the 20' Wide Stormwater/Rec Path Easement. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave the 20' Wide Stormwater/Rec Path Easement, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored as near as reasonably practical to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction, a temporary easement and right-of-way five feet on each side of the 20' Wide Stormwater/Rec Path Easement is hereby granted. Said temporary easement and right- of-way shall expire once construction is completed and the 20' Wide Stormwater/Rec Path Easement is open to the public. 7 1 i_I ,_, 374 V : 1253 FG : 154 The within Grantor, its successors and assigns, shall have the right to make use of the surface of the 20' Wide Stormwater/Rec Path Easement such as shall not be inconsistent with the use of the 20' Wide Stormwater/Rec Path Easement, but specifically shall place no structures, landscaping or other improvements within the 20' Wide Stormwater/Rec Path Easement which shall prevent or interfere with the within Grantee's ability to use the 20' Wide Stormwater/Rec Path Easement. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of the 20' Wide Stormwater/Rec Path Easement by the Grantee. Being a portion of the lands and premises conveyed to the within Grantor by Warranty Deed of Paul R. Caulkins, Trustee, dated December 2, 1997, and recorded in Volume 419, Page 454 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoove forever; And the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, 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, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed this day of , 20 SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: Its Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, ss: At , in said County and State, this day of 20, personally appeared , Duly Authorized Agent of Spear & Allen, LLC, Managing Member of South Village Communities, LLC., and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of Spear & Allen, LLC and South Village Communities, LLC. Before me, Notary Public Commission Expires: 8 1_11_11_1-- 3743 V e 1253 PG : 155 EXHIBIT D SIDEWALK EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS THAT SOUTH VILLAGE COMMUNITIES, LLC, a Vermont limited liability company with an office in the Town of Williston, in the County of Chittenden and State of Vermont ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of constructing, repairing, replacing and maintaining a sidewalk for public use over, on and through land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being a portion of Grantor's land, of irregular width, which lies adjacent to and outside the proposed public right-of-way and depicted as "E9 Walk" on that certain plan entitled "Phase 2, Easement Plan, South Village Communities, LLC, Spear Street, South Burlington, Vermont," Sheet P3, prepared by Civil Engineering Associates, Inc., dated October 31, 2013, last revised December 8, 2014 and recorded in Map Slide , Page _ of the City of South Burlington Land Records (the "Sidewalk"). The exact location of the aforementioned Sidewalk will be fixed by the location of the Sidewalk as actually constructed. The Sidewalk shall be used by the public as means of pedestrian ingress and egress subject to the condition that no motorized traffic, including, but not limited to, motorcycles, trail bikes and snowmobiles, shall be allowed to use the Sidewalk, except motorized vehicles used by the Grantee, or its agents, for the purpose of maintaining or patrolling the Sidewalk. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave the Sidewalk, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored as near as reasonably practical to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right-of-way five feet on each side of said Sidewalk is hereby granted. Said temporary easement and right-of-way shall expire once construction is completed and the Sidewalk is open to the public. 0 i-]Az=i33743 ) V - 12 3 PG: 156 The within Grantor, its successors and assigns, shall have the right to make use of the surface of the Sidewalk such as shall not be inconsistent with the use of said Sidewalk, but specifically shall place no structures, landscaping or other improvements within said Sidewalk which shall prevent or interfere with the within Grantee's ability to use Sidewalk. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of the Sidewalk by the Grantee. Being a portion of the lands and premises conveyed to the within Grantor by Warranty Deed of Paul R. Caulkins, Trustee, dated December 2, 1997, and recorded in Volume 419, Page 454 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoove forever; And the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, 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, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed this day of , 20 SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member Bv: Its Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN At , in said County and State, this day of 20 , personally appeared , Duly Authorized Agent of Spear & Allen, LLC, Managing Member of South Village Communities, LLC., and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of Spear & Allen, LLC and South Village Communities, LLC. Before me, _ Notary Public Commission Expires: 10 00033743 V - 1253 PG-- 157 EXHIBIT E WASTEWATER & STORMWATER EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS THAT SOUTH VILLAGE COMMUNITIES, LLC, a Vermont limited liability company with an office in the Town of Williston, in the County of Chittenden and State of Vermont ("Grantor"), in consideration of payment of TEN AND MORE Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden and State of Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of constructing, repairing, replacing and maintaining wastewater and stormwater drainage pipes, lines, catch basins and appurtenances thereto through Grantor's property and being more particularly over, on and through land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Those areas shown and depicted as "E4" for wastewater lines and appurtenances thereto (the "Wastewater Easement") crossing Lot 39 to serve Lots 38, 40 and 41; those areas shown and depicted as "E5 Storm", "B6", and "B7 Storm" for stormwater management easements; and the area shown and depicted as "E 10 Sewer" for sewer lines, structures and equipment on that certain plan entitled "Phase 2, Easement Plan, South Village Communities, LLC, Spear Street, South Burlington, Vermont," Sheet P3, prepared by Civil Engineering Associates, Inc., dated October 31, 2013, last revised December 8, 2014 and recorded in Map Slide , Page of the City of South Burlington Land Records. The Wastewater Easement shall have a width of 10' as it runs in a generally east -west direction and 15.' as it runs in a generally north -south direction and will be centered on, and the exact course and location of the Wastewater Easement will be fixed and determined by the course and location of, the wastewater lines as the same are actually constructed. Grantee is also hereby granted a temporary easement and right-of-way over and on the area five feet on each side of said permanent easements and rights -of -way to enable the Grantee to exercise its rights hereunder. Grantee agrees, for itself and its successors and assigns, that any premises of the Grantor affected by its entry pursuant to this easement and temporary construction easement shall be restored as near as reasonably practical to their condition prior to such entry at its own cost and within a reasonable time. This Deed, and any individual deeds that the Owner may provide to the City for the conveyance of wastewater or stormwater lines, pipes, catch basins and appurtenances thereto within Phase II of South Village, shall each be and act as a Bill of Sale to convey to the City of all of the Grantor's right, title and interest in and to the infrastructure constructed and located within the herein conveyed easements and rights -of -way. The within Grantor, its successors and assigns, shall have the right to make use of the surface of the rights -of -way and easement such as shall not be inconsistent with the use of said rights -of -way, but specifically shall place no structures, landscaping or other improvements within said easement and rights -of -way which shall prevent or interfere 11 J 00033743 ) V - 1253 PG-- 158 with the within Grantee's ability to use said easements and rights -of -way. Being a portion of the lands and premises conveyed to the within Grantor by Warranty Deed of Paul R. Caulkins, Trustee, dated December 2, 1997, and recorded in Volume 419, Page 454 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoove forever; And the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, 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, except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed this day of , 20_ SOUTH VILLAGE COMMUNITIES, LLC Spear & Allen, LLC, Its Managing Member By: Its Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN At , in said County and State, this day of 20_, personally appeared , Duly Authorized Agent of Spear & Allen, LLC, Managing Member of South Village Communities, LLC, and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of Spear & Allen, LLC and South Village Communities, LLC. Before me, Notary Public Commission Expires: EN® Gi 0` - ENT a Permit No. 4096-INDS.1 Project ID No. EJ05-0114 STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION STORMWATER DISCHARGE PERMIT STORMWATER RUNOFF TO WATERS OF THE STATE In compliance with provisions of 10 V.S.A. § 1264, the Stormwater Management Rule for Stormwater- Impaired Waters and in accordance with "Terms and Conditions" hereinafter specified, South Village Communities, LLC P.O. Box 2286 South Burlington, VT 05407 South Village Community Association, Inc. P.O. Box 2286 South Burlington, VT 05407 Impervious Area: 8.20 acres the permittee, is hereby granted permission to discharge stormwater runoff from South Village —Phase 2 located at 1840 Spear Street in the Town of South Burlington, Vermont to Bartlett Brook and Monroe Brook. 1. Expiration Date: Five years from issuance date of final permit. Note: This permit, unless revoked, modified or suspended, shall be valid until the designated expiration date not withstanding any intervening change in water quality, effluent, or treatment standards, or classification of the receiving waters including groundwater. However, any such changed standard or classification, and any applicable requirement in a total maximum daily load (TMDL) for Bartlett Brook and Monroe Brook, shall be applied in determining whether or not to renew this permit, and in determining the conditions of a renewed permit. The permittee shall reapply for a renewed discharge permit ninety days prior to the expiration date of this permit. 2. Revocation: 10 V.S.A. § 1267 provides as follows: The Secretary may, after notice and opportunity for a public hearing, revoke, modify or suspend this permit if it is found that the permittee submitted false or inaccurate information in its application or has violated any requirement, restrictions, or condition of this permit, or if there is any change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. The Secretary shall impose conditions as the Secretary deems necessary for regulating the discharges of a permittee whose permit has been revoked, modified or suspended. Revocation shall be effective upon actual notice thereof to the permittee. 3. Operating Fees: This discharge is subject to operating fees under 3 V.S.A. §2822. The permittee shall submit the operating fees to the Agency in accordance with procedures provided by the Secretary. Permit #: 4096-INDS.1 Page 2 of 7 4. Recording in Land Records: The permittee shall record a one -page notice of issuance of this discharge permit in the local land records within fourteen (14) days of issuance of this permit on the form provided by the Secretary, per §22-312 of the Stormwater Management Rule for Stormwater-Impaired Waters. A copy of this form is available on the Stormwater Management Program website. The permittee shall provide a copy of the recording to the Stormwater Management Program within fourteen (14) days of the permittee's receipt of the copy of the recording from the local land records. Transfer of Permit: This permit is not transferable without prior written approval of the Secretary. Provided all applicable fees under 3 V.S.A. §2822 have been paid, a permittee may submit a notice of transfer to the Stormwater Management Program. The notice shall be submitted at least five (5) days prior to the proposed date of transfer. The notice shall state that the prospective permittee has adequate funding to comply with this permit. The permittce shall provide a copy of this permit to the new owner or tenant and inform him of the responsibility to make application for a permit which shall be issued in his name. Any failure to do so shall be considered a violation of this permit. 6. Right of Entry: The permittee shall allow the Secretary, or his or her authorized representatives, at reasonable times, upon presentation of credentials, to enter upon and inspect the permitted premises, and the stormwater collection, treatment and control system; and to sample any discharge to determine compliance with this permit; and to have access to and inspect and copy any records required to be kept pursuant to this permit. 7, Receiving Waters: Monroe Brook and Bartlett Brook 8, Manner of Discharge: S/N 001: Stormwater runoff from residential houses, walkways, drives and roads (named point of interest #1) via a catch basin collection system to a wet extended detention pond discharging to a wetland tributary of Monroe Brook. S/N 002: Stormwater runoff from residential houses, walkways, drives and roads (named point of interest #2) via a catch basin collection system to a grass channel, acting as a dry detention pond in larger storms discharging to an unnamed tributary of Bartlett Brook. 9. Wastes Permitted: Stormwater runoff from S/N 001 and S/N 002 of the South Village -Phase II project after treatment from a wet extended detention pond or a grass channel acting as a dry detention pond in large storms. 10. Volumes Permitted and Frequency of Discharge: Such volumes and frequency as required by the discharge specified in #8 above. 11. Approved Proiect Design: This project shall be constructed and operated in accordance with the following site plans and details prepared by O'Leary Burke Civil Associates, PLC: (Sheets: Sheet S 1, "Stormwater Management Plan Point of Interest #1-Wet Extended Detention Pond" dated 11/8/13, last revised 11/7/14; Sheet S2, "Stormwater Management Plan Point of Interest Permit #: 4096-INDS.1 Page 3 of 7 #2-Grass Channel/Dry Detention Pond" dated 11/8/13, revised 5/28/14; and supporting information). By reference, the above noted plans are made a part of this permit. 12. Inspection and Maintenance Reporting Requirements: a. The basins, grass channels, and related stormwater collection, treatment and control system shall be maintained in good operating condition at all times and shall be inspected annually and cleaned as necessary to maintain design specifications. The inspections shall be conducted between the conclusion of spring snow melt and June 15te of each year. b. Any sediment removed from the basins, grass channels, and related stormwater collection, treatment and control system shall be disposed of properly in accordance with state and federal statutes and regulations. C. By July 15 of each year the permittee shall submit an annual inspection report to the Secretary; or by July 30 of each year if performed by a utility or municipality pursuant to a duly adopted stormwater management ordinance. Annual Inspection Reports shall be submitted to: Department of Environmental Conservation Watershed Management Division Stormwater Program 1 National Life Drive, Main 2 Montpelier, Vermont 05620-3522 Or by email to anr.wsmdstormwater eg neralgstate.vt.us This report shall include, at a minimum items c.i. through c.vii. below. The permittec(s) may utilize the Annual Inspection Report form available from the Stormwater Program if determined by inspector to be sufficient to fully document inspection and maintenance of the authorized system. i. Unless previously submitted by the permittee(s) under a previously issued authorization or discharge permit, the first report shall include an inspection and designer's certification that the project was built in compliance with the Approved Project Design per #I I above; ii. A description of any vegetated areas that require mowing or other maintenance; iii. A description of any catch basins that require maintenance or sediment removed from sumps; iv. A description of any illicit discharges to the system (illicit discharges would include dumping of oil, gas, detergent, vehicle wash water, etc.) and corrective action/preventative measures taken if applicable; v. A description of any re-routing of stormwater to avoid the system; Permit #: 4096-INDS.I Page 4 of 7 vi. A description of any erosion noted during inspection (i.e. areas of exposed soil in channels, outlets, or on pond berms); vii. A description of any cleaning, maintenance operations, or repairs needed to maintain design specifications, including a schedule for correction of any identified deficiencies; d. Should any erosion problems occur, the permittee is required to immediately correct any such problems. Any basins, grass channels, or related stormwater devices used during construction for erosion control shall be inspected and cleaned to design specifications immediately after construction has been completed. 13. Description of Required Offset and Offset Projects: In order to meet the statutory standard for new discharges set forth in 10 V.S.A. § 1264 and the Stormwater Management Rule for Stormwater-Impaired Waters, the permittee is required to offset 92 pounds of sediment per year associated with permittee's proposed stormwater discharge. The permittee shall implement the Spear Street Culvert Improvement offset project in the Bartlett Brook watershed at the location set forth in plans described in paragraph 11 of this permit, according to the application materials provided by O'Leary Burke Civil Associates, dated November 7ch 2014. The Secretary has assigned the permittee an offset charge capacity of 92 pounds per year for the Spear Street Culvert Improvement offset project. In order to meet the statutory standard for new discharges set forth in 10 V.S.A. § 1264 and the Stormwater Management Rule for Stormwater-Impaired Waters, the pennittee is required to offset 848 pounds of sediment per year associated with permittee's proposed stormwater discharge. The Secretary hereby assigns the permittee an offset charge of 848 pounds of sediment per year from Offset Project Permit No. 3928-INDO.R which was issued to Town of Shelburne for the StormTechTM subsurface stormwater treatment system, which discharges to Monroe Brook. 14. Margin of Safety: The Secretary has determined that an appropriate margin of safety was applied in evaluating and approving the Spear Street Culvert Improvement offset project for Bartlett Brook. 15. Secretary's Determination: The Secretary has determined that this project meets the requirements of the Agency's 2002 Stormwater Management Manual and does not increase the sediment or hydrologic load of the receiving stormwater-impaired waters. The Secretary has determined that the proposed discharge will not reduce the quality of the receiving waters below the classification established for them. 16. Implementation of Offset Project in Bartlett Brook Watershed: The permittee shall complete the offset project(s) specified in paragraph 13 of this permit prior to the initiation of the permitted discharges. 17. Easement: The permittee does not own the land on which the Bartlett Brook offset project is located. The permittee has obtained an access easement from the landowner that provides the Permit #: 4096-INDS.1 Page 5 of 7 permittee and its successors and assigns a permanent easement for the purpose of monitoring, restoring, replacing and maintaining the offset project. This easement agreement is acceptable to the Secretary. The easement agreement grants the Secretary the right to enter the property on which the Bartlett Brook offset project is located in order to inspect the condition of the offset project. 18. Personnel and Training Requirements: Such personnel and training as necessary to fulfill the requirements of # 12 above. 19. Monitoring and Reporting Requirement: No monitoring required; reporting requirement as specified in # 12 above. 20. Other Requirements: a. Treated stormwater runoff is the only waste authorized for disposal under the terms and conditions of this permit. The discharge of any hazardous materials or hazardous waste into the stormwater management system is prohibited. b. The issuance of this permit does not relieve the permittee from the responsibility to obtain any other local, state or federal permits required by law. 21. Compliance with Anti -degradation and Water Quality Standards: The Secretary has determined that the permitted discharges satisfy Vermont's Anti -degradation Policy provided in Section 1- 03 of the Vermont Water Quality Standards and the Department of Environmental Conservation's Interim Anti -degradation Implementation Procedure because the applicant has demonstrated how the proposed development will implement practices and offset projects as necessary to ensure water quality is maintained in receiving waters. In particular, the applicant has demonstrated how the proposed development will implement appropriate best management practices (BMPs) designed in accordance with the requirements of the Vermont Stormwater Management Manual, Volume I and as necessary offset projects in accordance with Chapter 22: Stormwater Management Rule for Stormwater-Impaired Waters. These BMPs and offset projects where necessary will manage and mitigate the proposed stormwater discharge from the project such that no lowering of water quality is expected to occur in the receiving waters. 22. Renewable Energy Proiects — Rightppeal to Public Service Board: Any appeal of this decision must be filed with the clerk of the Vermont Public Service Board pursuant to 10 V.S.A. §8506 within 30 days of the date of this decision. The appellant must file with the Clerk an original and six copies of its appeal. The appellant shall provide notice of the filing of an appeal in accordance with 10 V.S.A. §8504(c)(2), and shall also serve a copy of the Notice of Appeal on the Vermont Department of Public Service. For information, see the Rules and General orders of the Public Service Board available on line at www.psb.vermont.gov. The address for the Public Service Board is 112 State Street Montpelier, Vermont 05620-2701 (Tel. #802-828-2358). All Other Projects — Right t to Appeal to Environmental Court: Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project or facility with which the appeal Permit #: 4096-INDS.1 Page 6 of 7 is concerned and the name of the applicant or any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available online at www.vermontjudiciary.org or call (802) 951-1740. The address for the Environmental Court is 32 Cherry Street, 2nd Floor Suite 303 Burlington, Vermont 05401. 23. Dated this 18th day of December , 2014 David K. Mears, Commissioner Department of Environmental Conservation By e- Padraic Monks, Program Manager Stormwater Management Program Permit #: 4096-INDS.1 Page 7 of 7 NOTICE OF ISSUANCE OF STORMWATER DISCHARGE PERMIT BY THE VERMONT DEPARTMENT OF ENVIRONMENTAL CONSERVATION Notice is hereby given that an individual stormwater discharge permit or an authorization to discharge pursuant to a general stormwater discharge permit has been issued by the Vermont Department of Environmental Conservation to Permittee(s) named herein for the discharge of stormwater runoff from impervious surfaces (e.g. roadways, rooftops, parking lots, walkways) pursuant to 10 V.S.A. Section 1264 for the property identified below. The permit/authorization requires treatment and control of stormwater runoff, long-term maintenance of the treatment and control structures and payment of yearly operational fees. Perm ittee(s): , ?ti IYi Ui�f��94, t�� Y�l tt t ° "7[,�r�!' , r+�t►ti.vn�, {� Soc., ?,crL Permit/Authorization Number: m) 41' 11.h 5, if cT : , D Z10 4(1,1— 5 D 5' " U 11 y 911 Address of Property: /Mah" il'� W �•�,qs 7� �tJ✓ , A, e of condominium, subdivision or planned community association (if applicable): r, r Signature of Permittee or Authorized Representative: Printed Name of Permittee or Authorized Representative: r ? Date of Signature: I,-)- -- a -�L=i q Recording information: Municipal clerks - please index this document listing the State of Vermont, Department of Environmental Conservation as "Grantee". Please index this document listing the above named Permittee(s) as "Grantor(s)". Additionally, if this notice lists the name of a condominium, subdivision or planned community association, please list the named association as an additional "Grantor". Please mail this stamped/recorded/completed form to: DEC — Watershed Management Division Stormwater Management Program 1 National Life Drive, Main 2 Montpelier, VT 05620-3522 Or email to: anr.wsmdstormwater. eg neral@state.vt.us CITY OF SOUTH BURLINGTON WAIVER OF RIGHT TO APPEAL The Administrative Officer may issue a Zoning Permit pursuant to an approval of a Zoning Permit Application prior to expiration of the thirty -day appeal period set forth in 24 V.S.A. section 4471 only if there are no interested persons, as defined in the aforementioned section, other than the City and the applicant/landowner, and if the applicant/landowner waives his or her rights to appeal any relevant Development Review Board approvals. In order to ensure the finality and validity of any relevant Development Review Board approvals in those cases where there are no interested persons other than the applicant/landowner and the City, the applicant/landowner must waive his or her rights to appeal in order to receive a Zoning Permit prior to the expiration of the appeal period. Zoning Permit Application No. (office use only) The undersigned propert wner(s) h eby i es any and all rights to appeal the appro s) of the De opmeq ard, listed below. roperty Owner 0 Date !/ Property Owner Date The undersigned applicant(s) hereby waives any and all rights to appeal the approval(s) of the De lopment vie loa lis below. Applicant Date Applicant Date Do not write below this line - For office use only Date of site plan approval/denial Date of subdivision approval/denial Approval Date Denial Date Approval Date Denial Date -1- CITY OF SOUTH BURLINGTON WAIVER OF RIGHT TO APPEAL Date of conditional use approval/denial Date of appeal variance approval/denial Date of miscellaneous approval/denial Date of design approval/denial Approval Date Denial Date Approval Date Denial Date Approval Date Denial Date Approval Date Denial Date -2- SOUL b., rn t . PLANNING & ZONING December 18, 2014 Dave Lachtrupp Gristmill Builders, Ltd. 5430 Waterbury Stowe Road Waterbury Center, VT 05677 Re: Final Plat Approval #SD-14-31 — 110 Chipman Street & 53 Frost Street Dear Mr. Lachtrupp: Enclosed, please find a copy of the Findings of Fact and Decision of the Development Review Board on the above referenced project, the hearing for which was closed on December 16, 2014 (effective 12/17/14). Please note the conditions of approval, including that the final plat plans must be recorded in the land records (in mylar format) within 180 days (must be submitted to me in time for recording along with a $15 recording fee by June 15, 2015) or this approval is null and void. If you have any questions, please contact me. Sincer y, R ymond 1. Belair Administrative Officer Encl. CERTIFIED MAIL- RETURN RECEIPT: 7010 0290 0000 2215 0421 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Legal Review Invoice December 18, 2014 Dave Lachtrupp Gristmill Builders, Ltd. 5430 Waterbury Stowe Road Waterbury Center, VT 05677 Re: Legal Review — Notice of Conditions — #SD-14-31 Pursuant to the requirement to have required legal documents reviewed by the City Attorney and as required by the "Planning and Zoning Fee Schedule" adopted by the South Burlington City Council on April 20, 2011 (as amended), please remit the following amount to be used to pay for the Legal Review: Amount requested: $ 75.00 No Legal Review shall be authorized by the City without receipt of these funds. The City shall hold these funds and use them only to pay for the required Legal Review If at any time the amount being held is reduced to $0, the City shall request an additional amount sufficient to cover estimated costs from the applicant prior to authorizing any further expenditures of the Legal Review. Following the completion of the legal review, any unused funds shall be returned to the applicant. Further, the applicant retains, at all times, the right to request any unused funds be returned. Upon receipt of any such request, in writing, the city shall inform the City Attorney of this request and require that they cease any further work. Following the payment of any work done to date, the city shall return unused funds and inform the City Council that the legal review has been ceased at the request of the applicant. Checks should be made out to the City of South Burlington Please remit payments to: Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com r oul southburlinoon PLANNING & ZONING � I Permit Number SD - (office use only) APPLICATION FOR SUBDIVISION PLAT REVIEW ❑Preliminary ❑✓ Final PUD Being Requested? ❑Yes 0✓ No All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) Gristmill Builders, Ltd.; phone 802-882-8410; fax 802-882-8411 5430 Waterbury Stowe Road, Waterbury Center, VT 05677 2. LOCATION OF LAST RECORDED DEED (Book and page #) Book 1216 Page 213 3. APPLICANT (Name, mailing address, phone and fax#) Gristmill Builders, Ltd.; phone 802-882-8410; fax 802-882-8411 5430 Waterbury Stowe Road, Waterbury Center, VT 05677 4. CONTACT PERSON (Name, mailing address, phone and fax #) Dave Laehtrupp Gristmill Builders, Ltd.; phone 802-882-8410; fax 802-882-8411 5430 Waterbury Stowe Road, Waterbury Center, VT 05677 a. Contact email address: dave@gristmillbuilders.com 5. PROJECT STREET ADDRESS: 110 Chipman Street and 53 Frost Street 6. TAX PARCEL ID # (can be obtained at Assessor's Office) 0386-000110 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.corn 7. PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): Subdividing a lot into two (2) footprint lots (for zoning & subdivision purposes the two lots will be considered one lot (e.g. coverage & setback); amending the current plan to depict metes & bounds and footprint of two lots. b. Existing Uses on Property (including description and size of each separate use): Duplex unit c. Proposed Uses on property (include description and size of each new use and existing uses to remain): Duplex unit d. Total building square f otage on property (proposed buildings and existing buildings to remain): '12Z0 St e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): f. Number of residential units (if applicable, new units and existing units to remain): Two g. Number of employees (existing and proposed, note office versus non -office employees): None h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. See 7a above. Subdivision Application Form, Rev. 12-2011 11. COST ESTIMATES a. Building (including interior renovations) $ �oo,000 b. Landscaping: $ Soo, o0 (Please submit itemized list of landscaping proposed) c. Other site improvements (please list with cost) 12. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 13. PEAK HOURS OF OPERATION: 14. PEAK DAYS OF OPERATION: 15. ESTIMATED PROJECT COMPLETION DATE: ; J A 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. AivSinn sen NOTE: NOTLF1 ATION of ADJOINING P11OPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. Subdivision Application Form. Rev. 12-2011 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. --7 SIGNATURE .TUBE OF APPLICANT r lu? 010 Do not write below this line DATE OF SUBMISSION: (,9//7 I I have reviewed this preliminary plat application and find it to be: [V�C,Oivplete Incomplete d9---- A,," N , --- m nistrative O er PRINT N The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. 5 Subdivision Application Form. Rev. 12-2011 CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this Zq 4� day of 4GT, , 201 , a copy of the foregoing public notice for ;` "ht POT [type of application] # $ I [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) , 7 4��os T S~,re�e r- Dated at [town/city], Vermont, this 1 2— day of 1VOU , 20j�— Printed blame: f -c S--J Phone number and email: $0 7b Tt bJ Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Fonn. Rev. 1-2012 r SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD Pending Applications - Last updated - November 6, 2014 Please note that the tentative schedule is indeed tentative. Items are subject to, and frequently do, change. The tentative schedule is also not indicative of the order in which items will be placed on the agenda. NOVEMBER 18, 2014 Continued preliminary plat application #SD-14-25 of Halverson Development to amend a previously approved planned unit development consisting of: 1) a 9,356 sq. ft. 275 seat standard restaurant, 2) a 71 room hotel (Comfort Suites), and 3) an 89 room hotel. The amendment consists of; 1) razing the 275 seat restaurant building, and 2) constructing 11,242 sq. ft. retail building, 1 Dorset Street (the applicant has requested that this item be continued to a future meeting). 2. Final plat application #SD-14-31 of Gristmill Builders, Ltd. For approval to create two (2) footprint lots, 110 Chipman Street & 53 Frost Street. -ti �,.., /),> �-, ,.- 3. Deliberations: a. Preliminary & final plat application #SD-14-30 of City of Burlington, Burlington International Airport to amend a planned unit development for an airport complex. The amendment consists of: 1) after -the -fact construction of a 215 sq. ft. expansion of the existing Gate 11 aircraft boarding hallway and pedestal footing for aircraft boarding bridge equipment, and 2) removing landscaping along security fence and replacing this landscaping elsewhere on the property, 1130 & 1200 Airport Drive (closed on 11/04, deadline is 12/19). DECEMBER 2, 2014 1. Continued sketch plan application #SD-14-24 of O'Brien Farm Road, LLC for a planned unit development to develop 24 acres with 245 dwelling units and 55,410 sq. ft. of commercial space in two (2) buildings, 255 Kennedy Drive. DECEMBER 16, 2014 2. Continued conditional use application #CU-14-10 of J. Peter & Diane Sande to raze an existing 1,136 sq. ft. single family dwelling with a 1,136 sq. ft. footprint and construct a new single family dwelling with a 1,703 sq. ft. footprint, 50 Bartlett Bay Road. - 1 - / , J theOther Paper • otherpapervt.com • October 30, 2014 • 23 I"I fie d s Public Notices ely useu), 'Poou, ining room table SNOWTIRES: Set of four Michelin 75; Charbroil gas X-ice 205 / 50 R 17. At least two to tank and cover, seasons left. $100. 802-495-0645 items purchased (10/ 16) years ago and in tion. Patio table SNOWTIRES: 4 Cooper Weather 50. 914-629-8606 Master snow tires: 215/65-1116. One season left. $80 or best offer. 802-862=9435.(10/23) "kes toddler table,' to with 2 chairs. SNOW TIRES:- -4 Nokian Hak- & Play portable kapelitts studded snow tires. Size purple, teal, and 195/6011-15. Hakka-5 92T Ex - .earning 80-piece cellent condition. $280 cash only. t.New $10;Wood-. '802-863-9916. (10/23) B"x9"x28" (mast), ;10; Full. size box SNOWTIRES: Four (4) Hankook !-865-6212 (10/16) p195/75R14 mounted on Volvo rim. $100 for all. 660-7933. (10/30) aneous golf clubs, dng size; TV cabi- speakers; Printer; !s; Cherry cabinet 2011 TOYOTA COROLLA LE: Reli- e; Oak mirror. Any able, affordable and low mainte- er .accepted. 802- nance. In great condition. Never 6) been in snow, with 44,000 miles and a 100K extended warranty. VER: Brand new just brought from Texas, rib rust. tree -stage 3X 30 New snow tires and battery. Sil- ler. 420 cc 4-cycle ver. $14,000. (832) 797-5477 button electric (10/30) elled drive system, 1, positive traction, 1998 VOLVO S70: GLT. Leather, eeds, two reverse. power all, CD, heated seats.126k grips. 200-degree miles. Beautiful car, well-main- )n, remote -OVH tained. Snows on separate rims. h, 2-way remote $4,000. 802-363-3133 (10/16) Headlight. Manu- 3urlington resit i Burlington residents for Items for Sale, Free Items, Tag Sales, Wanted ems, Lost Items and Vehicles For Sale will be printed for 2 weeks, free of ce available basis. Business, Service, Real Estate for Sale or Real Estate st $20 per week. Make checks payable to The Other Paper and mail to ir, 1340 Williston Road, South Burlington, VT 05403. Paid ads do not run -eceived. Submit ads online at www.otherpapersvt.com, mail to the above ddress,'or email them to classifieds@otherpapersbvt.com. ddress and phone number are required for residency verification. details go to http✓/www.ofherpapersbvt.com/classifieds.html. Ads must be 50 words or less. , 'GEOVER SPECIAL lancer. ins -tailed on vehicle. SOUTH BURLINGTON DEVCLUVMtN I Mt=vttvv_ DUAKU The South Burlington Development Review Board will hold a public hearing in the South Burlington City HallConference Room; 575 Dorset Street, South Burlington, Vermont on No- vember 18, 2014 at 7:00 P.M to consider the following: Final plat application #SD-14-31 of Gristmill Builders, Ltd. For approval to create two (2) footprint lots, 110 Chipman Street & 53 Frost Street. Tim Barritt, Chair South Burlington Development Review Board -- xIIRING FOR t ONAL POSITION IN OUR CALL & ' DISTRIBUTION CENTERS HOLIDAY JOB FAIRS = Monday, October 27th from 2 p.m.- 7 p.m. Tuesday, October 28th from 2 p.m. - 7 p.m. Wednesday, October 29th from 2 p.m. - 7 p.m. 4 Thursday, November 6th from 2 p.m.'- 7 p.m:, Saturday, November 8th from 10 ,a.m.- 2 p.m. ' * Starting pay: S10/hour * New training programs - * Flexible schedules * Fun, energized culture *_50% employee discount * Contests and prizes Download our job application and bring the completed form to our Job Fair! www.vermontteddybear.com/employment » --- r REFERENCE PLATS: 5c 0,0 32 I I I A. "Phase I Subdivision Plat - South Village", prepared by Civil Engineering Associates, Inc., I CO v— — . _ _ dated J y 0 , last revised 01/15/2014. O .•.. .._ _ I I i 41 u1204 45 B. "Downing -Calkins Revocable Trust - South Village - Plat of Survey", prepared by Civil Engineering -- . Grid Associates, Inc., dated March 23, 2005, South Burlington Land Records. NOTES: -- _ 1. The subject property is Lot 31 of "South Village" Subdivision, east of Spear Street, South Burlington, VT, and is a PORTION of lands conveyed to South Village Communities, LLC by deed of Paul R. Calkins, dated November 29, 2007 " ----G- _ and recorded in Volume 348 Page 416 South Burlington Land Records. Purpose of this plan is to define and depict the FROST STREET TBS TO South Jefferso — — n Street T" " SOR na',,.,,,.. - E1 E5 TBS . I o I 1if � I 'IIf I r CN th N N M ! 0 1 r c TB$ I Q I I I j I I I 1 I I I I I I I ' RECEIVED FOR RECORDING IN THE LAND RECORDS OF THE CITY OF SOUTH BURLINGTON, VERMONT, AT O'CLOCK ON THE DAY OF 20 ATTEST. CITY CLERK Deck 62.10' 446' ----�- PROPOSED 2, — TBS UNIT DIVISION " — Townhouse O3 rn Townhouse I w� I I 3z I ;nrin � I I I roles co I zV) 1 I 1 UNIT 31.1 I s1NIT 31.2 31 i 10 Chi Frost Street I �, pman Stre Land Area 5309 SQ. Fret I Land grea 4657 SQ" FT. I N ^ ' I N tV 1 2 Bay Garage d I _ I I Porch I I 2 BaY Garage I I I 3V I I I 'GE-/EE E1 I 1 I I _ NOS'0_ g p .E — — — —' —. Building Envelope I 1 r___ 113-00' _ _—_— — 513� —� I 30 �' I I I I i I I i I APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTH BURLINGTON, VERMONT, ON THE _ DAY OF 20. SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS _ DAY OF , 20 . BY CHAIRPERSON division of Lot 31 Into 2 townhouse "Units" as shown. Other property lines or details shown on neighboring parcels are shown for reference purposes only. Reference shall be made to reference plats A and B for further notations and details of the underlying property. 2. Unit division line shown is intended to be a projection of the center line of party walls as constructed. 3. Bearings shown are referenced to Grid North, Vermont Coordinate System of 1983, based on the referenced plats. Monumentation shown typically consists of 5/8" rebar or 4" square concrete monuments with aluminum caps embossed "Civil Engineering Assocs. - VT LS 597". (Proposed) 4. Buried utility lines shown are schematic only and not all are shown. Actual locations may vary. 5. Subject parcel falls within "Zone C" (outside of any flood hazard area) as identified by Flood Insurance Rate Map, Community Panel No. 5001 950005 B, effective date 3/16/1981. 6. Frost Street and Chipman Street are described in an Irrevocable Offer of Dedication to the City of South Burlington, dated October 2007 and recorded in Volume 798 Page 241 South Burlington Land Records 7. The division of Lot 31 will be subject to conditions of approval by resolution of the Development Review Board of the City of South Burlington. EASEMENT NOTES: E 1 The units will be served by water service lines entering from Chipman Street and Frost Street. Subject property is both subject to and benefited by easements for buried electrical and telecommunications �\ lines and appurtenances. Easements conveyed to Green Mountain Power Corporation (GMP) and Verizon New England, Inc. (Verizon) by deed dated December 13, 2007 and recorded in Volume 803 Page 687, South �./ Burlington Land Records. (Both units will be served by lines entering from near the northwest comer of Unit 31.1) Easements are typically 10' wide, centered on utility as built, except as shown. Subject property is both subject to and benefited by easements for buried natural gas lines and appurtenances. Easements conveyed to Vermont Gas Systems, Inc. (VGS) by deed dated January 17, 2008 and recorded in E3 Volume 807 Page 129, South Burlington Land Records. (Both units will be served by lines entering from the northwesterly sideline of Unit 31.1.) Easements are typically 10' wide, centered on utility as built. E4Both units will be served by sanitary sewer service line exiting at the northerly sideline of Unit 31.1. No record of easement was found at time of survey. E5 The northeasterly corner of Lot 31 is subject to "Corner Site Triangular Restrictive Area" as depicted on this plan and Reference Plat A. The undersigned, being a Land Surveyor licensed in and by the State of Vermont, hereby states that: To the best of my knowledge & belief this plan includes all information required ` ) by 27A VSA Section 2-109 "Plats and Plans", other than that ----------- information shown on architectural plans prepared by others. Date Ch'k'd Revision This statement valid only when accompanied by my original 11VVV� signature and seal Drawn by MAS Date Oct. 15, 2014 �v�o\ Checked by _" Scale 1" = 15' Timothy R. Cowan VTLS597 Approved by TRC Project No. 13155 LEGEND — PROPERTY LINE (LOT 46) — PROPERTY LINE (OTHER) ---------- EASEMENT LINE — — — — — — BUILDING ENVELOPE — . — • — PROPOSED UNIT DIVISION LINE TBS ® CAPPED REBAR PROPOSED (NOTE 3) TBS El CONCRETE MONUMENT PROPOSED (NOTE 3) • CALCULATED POINT — — —ST STORM DRAIN (APPROX.) — — — SS SEWER (APPROX.) — — —GAS GAS LINE (APPROX.) — — — W WATER LINE (APPROX.) — — —11GE BURIED ELECTRIC (APPROX.) ® CURB STOP ® CATCH BASIN 36 SOUTH VILLAGE LOT NUMBER GRAPHIC SCALE 15 0 a 15 30 60 ( IN FEET) 1 inch = 15 ft. PLAT OF SURVEY LOT 31 TOWNHOUSES SOUTH VILLAGE 110 Chipman Street & 61 Frost Street CIVIL ENGINEERING ASSOCINTES, INC. 10 MANSFIELD VIEW LANE, SOUTH BURLINGTON, VT 05403 802-864-2323 FAX: 802.864-2271 web: www.cea-vt.com .DPYkI[.11T .1.1 _I11.i. _ ..I.1. kit: R'f4 ktSGR4'CD IVED 7 ?nl r•;tr.,, �. P_urfington SHEET 1 NOTICE OF CONDITIONS OF SUBDIVISION APPROVAL WHEREAS, Gristmill Builders, Ltd., a Vermont corporation with its principal place of business in Waterbury, Vermont, (hereinafter "Owner"), is the owner of certain property known as Lot 31 of South Village Community located at 110 Chipman Street and 53 Frost Street in the City of South Burlington, Vermont (the "Property"), and; WHEREAS, Owner has obtained approval from the South Burlington Development Review Board for the two -lot subdivision of the Property, as shown on a plan entitled "Plat of Survey, Lot 31 Townhouses, South Village, 110 Chipman Street and 53 Frost Street" prepared by Civil Engineering Associates, .Inc., dated October 15, 2014, last revised December 19, 2014 and recorded at Map SlideStl/ of the City of South Burlington Land Records (the "Plat"), by Findings of Fact and Decision #SD-14-31 of the Development Review Board dated December 17, 2014; and WHEREAS, the terms and conditions of the Development Review Board's approval imposes certain conditions on the Property. NOW THEREFORE, the Owner hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless or until modified or removed by the South Burlington Development Review Board or its successor: 1. The Property shall be developed and used in accordance with the terms and conditions of the Development Review Board's Findings of Fact and Decision on final plat application #SD- 14-31 granted on December 17, 2014. 2. All previous approvals and stipulations shall remain in full effect except as amended herein. 3. This project shall be completed as shown on the Plat. 4. For purposes of compliance with the City of South Burlington Land Development Regulations now in effect or hereafter amended or adopted, including zoning and subdivision regulations, the two (2) footprint lots included in the subdivision shall constitute a single parcel of land and be considered one (1) lot for planning and zoning purposes (i.e. for coverage and dimensional requirements), even if the footprint lots are conveyed to separate owners. Nothing in this notice or the conditions or covenants contained herein shall be construed to prevent the conveyance, lease, assignment, mortgage, or other transfer of any interest in or to any one of the footprint lots as separate and apart from the other footprint lot, provided that the Owner or its successors or assigns seeks Development Review Board Approval for any subsequent subdivision of the footprint lots pursuant to the Land Development Regulations, if applicable. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 7. The proper parry for the purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be the then owners of the Property or their duly authorized representatives. The City shall act upon any applications submitted by all owners of the Property or their duly authorized representatives and shall not be required to resolve a dispute between the owners as to the respective rights of the owners. It shall be the duty of the owners to provide written notice of any such applications to all others having an interest in the Property that may be affected by the application proceedings of the commencement of such proceedings. 8. Any action to enforce any City ordinance or regulation, including zoning and subdivision regulations, against the Property or activities or events occurring on the Property shall be brought against the then -owners of the Property or their duly authorized representatives. It shall be the duty of the owners of the Property, or their duly authorized representatives, to provide written notice to all others having an interest in the Property that may be affected by the enforcement proceedings of the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the then owners of the Property. 9. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 10. This Notice of Conditions shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the Property or an interest in the Property. 11. This Notice of Conditions shall be binding upon the Owner and the Owner's successors and assigns. Dated at # ' — , Vermont, this _ day of January, 2015. GRISTMILL BUILDERS, LTD. By: Duly a orized agent STATE OF VERMONT COUNTY OF QQ=LL �1ts-- At _ �.C5, Vr on this _ 1a day of January, 2015, duly authorized agent Of Gristmill Builders, Ltd., personally appeare before me, and he/she j_ acknowledged this instrument by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of Gristmill Builders, Ltd. Before me, Notary Public My Commission Expires 02/10/15 alo E CF Muir- MENT Legal Review Invoice January 20, 2015 Robin Jeffers South Village Communities, LLC P.O. Box 2286 So. Burlington, VT 05407-2286 Re: Legal Review — Legal Documents — #SD-14-33 Pursuant to the requirement to have required legal documents reviewed by the City Attorney and as required by the "Planning and Zoning Fee Schedule" adopted by the South Burlington City Council on April 20, 2011 (as amended), please remit the following amount to be used to pay for the Legal Review: Amount requested: $ 200.00 No Legal Review shall be authorized by the City without receipt of these funds. The City shall hold these funds and use them only to pay for the required Legal Review If at any time the amount being held is reduced to $0, the City shall request an additional amount sufficient to cover estimated costs from the applicant prior to authorizing any further expenditures of the Legal Review. Following the completion of the legal review, any unused funds shall be returned to the applicant. Further, the applicant retains, at all times, the right to request any unused funds be returned. Upon receipt of any such request, in writing, the city shall inform the City Attorney of this request and require that they cease any further work. Following the payment of any work done to date, the city shall return unused funds and inform the City Council that the legal review has been ceased at the request of the applicant. Checks should be made out to the City of South Burlington Please remit payments to: Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com ray From: Judy Zullo <jzullo@dkzlegal.com> Sent: Tuesday, January 13, 2015 1:33 PM To: ray Subject: South Village Phase II Attachments: IOD to South Burlington 1.13.15.docx; Notice of Conditions Phase II.docx; PHASE 2 PLAT P1 (10-15-14).pdf; PHASE 2 PLAT P2 (10-15-14).pdf; PHASE 2 PLAT P3 (10-15-14).pdf; PHASE 2 PLAT P2 (10-15-14).pdf Ray, The engineer weighed in on a few of the distances in the WD and made a few other comments (which I incorporated into this set of conveyance documents for Phase 11). Please disregard the earlier version I sent to you. I look forward to hearing from you when you are back in the office. Thanks. Judith L. Zullo, Esq. Doremus Kantor & Zullo P.O. Box 445 346 Shelburne Road, Suite 401 Burlington, VT 05402-0445 jzulloCcDdkzlegal.com (802) 863-9603, Ext. 15 This email transmission may contain information that is proprietary, privileged and/or confidential and is intended exclusively for the person(s) to whom it is addressed. Any use, copying, retention or disclosure by any person other than the intended recipient or the intended recipient's designees is strictly prohibited. If you are not the intended recipient or their designee, please notify the sender immediately by return e-mail and delete all copies. Pursuant to United States Treasury Regulations, any U.S. Federal tax advice contained in this communication, unless otherwise stated, is not intended and cannot be used for the purpose of avoiding tax -related penalties.