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HomeMy WebLinkAboutBATCH - Supplemental - 0000 Stonehedge Drive (7)The date of this Bond is May 2, 2001. It is made by Lawyers Title Insurance Corporation, an insurance company licensed by the State of Vermont ("LTIC"), as principal and surety. Recitals A. In 1979, Glenwood Corporation, as the original developer of the Stonehedge Condominium (Cluster M), received final subdivision approval from the Municipality's Planning Commission for the construction and development of 16 residential condominium apartments, and related parking and landscaping in a development to be known as Stonehedge Condominium (Cluster M). The development is referred to herein as the "Regime." B. Thereafter, administrative amendments to the approval were made by the Planning Commission's staff. plan. entitled C. As currently in place, the landscaping for the Regime varies from the previously approved D. The Association has caused to be submitted to the Development Review Board a plan Site Plan Cluster M Stonehedge Condominium Stonehedge Drive So. Burlington,, Vt. dated July 25, 2000, prepared by Trudell Consulting Engineers, Inc. (the "Plan"). The Plan depicts the landscaping in place. E. On September 19, 2000, the Development Review Board approved the Plan, subject to certain stipulations, one of which requires the Association to "work with staff to revise the plan to include additional landscaping, to total approximately $1,000 that provides adequate screening for the buildings and parking area." F. The Association (a) has agreed to install the additional landscaping, to total approximately $1,000.00, in such locations and in such types and quantities as the Association and the Municipality's staff shall agree and (b) shall repair or replace any faulty or defective work or improper material which may appear within three years of completion. F. The Municipality has required that the Association establish a method to assure that funds are available for three years to assure that the landscaping to be performed has taken root and has a good chance of surviving. G. LTIC is willing to ensure that funds are available for three years to assure that the landscaping to be performed has taken root and has a good chance of surviving. Undertaking LTIC hereby is truly held and stands bound to the City of South Burlington (the "Municipality"), in the penal sum of One Thousand Dollars ($1,000.00) to secure the performance of the landscaping obligations of the Association. When the conditions of this obligation are fulfilled, this bond shall no longer be in force. In the event that the Municipality shall certify to LTIC that the landscaping has not taken root or does not have a good chance of surviving at any time within three years from the earlier of the date of installation or June 30, 2004, LTIC shall from time to time pay monies to the Municipality, in a total amount not to exceed $1,000.00 to enable the Municipality to remedy such landscaping. 15 8 8 0\006\I e gal \b o n d. ch I Lawyers Title s nce Corporation Du Auth 'zed Agent 01 4 riL.,aI.,u C,.:... S.. ..,V 14. 1c60 The South Burlington zla_-ning Co=issior, held a rebalar meeting on Tuesday, October 14, at 7:33 py in the Conference Room, City hall, 1175 Williston load. ::embers Present Sidney POEer, Chairman; Ernest Levesque, George I•:ona, Robert Valsh, James E-wing :e_bers Absent f Peter Jacob, Kirk '.:oolery Others Present .. Davis: Spitz, P1E,nner; 31a.nche and -Harold hbra--s, 'Ied Clse :•, Fob £ley, Free Press; I.D: -Enery i'ictcry, Gordon woods, John. Dell'kr-no, Dcuglas i:en reedy, _rnest_ne and 1illiaz: :ocre, Arleen Bennett, Harry and Mari GiEure, Ying Liu, Lowell Krassner .inutes cf September 30, 19SO On rase j, at the botto= under Other business, it s-ould be noted that I:r. Spitz felt that the drive• -in window at Burger Rini; would be a :roble:' if it caused a traffic i ncre- se auri r,; the :)eak hcour. I•:r. _•:ona roved to annrove t_^.e 5entember 30 minutes as a=ended and ::r, Walsh seconded the notion, which carried unanimously. Petition by residents of Stone :ed.E Cluster E for - ossible action ccncerninf- a recently constructed Travel access drive Is. Spitz said that the Commission, in V7?, gave preliminary approval for phase 2 of Stoneiedge and also ar_rcved part of phase 1In this chanLe Cluster E, instead of being in a courtyard configuration, becam; 2 parallel stacks of buildings with 2 separate entrance roads about 200' long. Another road was also s:^.own in the area, and its pur:ose was apparently to be an emergency access. This access was recently put in and is gravel. Mr. Spitz said the origin of the road was not clear in the minutes but that it may have been a request of the Fire Chief. The Chief prefers to retain the drive, but is willing to have it removed in this case. .•r. Spitz said the road could remain and be maintained by the residents, or it could be grassed over and the area kept clear so that fire trucks could travel over it if necessary. It is now the res:;onsibility of the homeowners to plow it. ;'r. Ted Olsen said he was the president of the Cluster E association and represeLted the residents Present. He stLted tat the residents did not feel t'_e r:,a3 was .neeersar; and t:.at the City ''anacer agreed. Ee felt there were acme r: ; i1Cmc, such as e: os o n, with t:,e road End Lhowed tc,e Co__iss_on pictures cf the ar eb, Lut_r..L that water r1L : ir.t-, oae FarEre. -e said the resi�Ents aid nc; wfint to L£t&r the eY._•E.._-'E G•r the dr/Ye, since tt:'_'Y do n:.t ::Ent 1. tl.c-rc, 1:.:t :_P aCdea t-hat t_^.E:• -r"ru d be :.a:..- j to kce. the F-rea clELr o: trees sc firc t:.:ci:_ =.il E cvc-r the E:CL: it : ce:cd. E---id ..E i'.._. :t _•-ts _rr if tr,e ErEb C:..lS." d GE 1l.vEd, Z :t .. ��CnE---id �_ t sE: L ree- rGr __.f r; ��. E�L�^_Je felt Lr aL£E. , !Ut :.L -'C_t Lr.__ C-;E r _ _:E 1 w:, i_d 1G: .S. .:c na fEv:.,: ed rE=.:lr, he drivE, --ut it a5/_ed t :E t th-c :•Ems:... -rEw t..e =a. n:Ae = at t _-: _..£ Brea be kept frLe sf F2. PLAI:IING COI',:I'IS_SIO'N CCTCBE'R 14, 1980 Mr. Mona roved that on the drawing entitled Preli.-.inar`• Plat. Stonehedae South Burlington, last revised 3/12/79, the cors:ection between the south ends of the 2 access roads of Cluster E be designated as an area to be kept free of obstructions, and that that be noted on the plan of record. K.r. Levesque seconded the motion and all voted in favor. Ar2lication by BDP Realty Association for site plan approval of a 4,800'sgsare foot addition to an existing office building. at 1500 Shelburne Rcad Xr. Gordon rzoods noted that last year BDP had constructed a building next to Nordic Ford and that they not.: want to add an addition 60' x 813p' with the sa=e type construction and architecture. BD? will use the addition. _35 more parking s.aces will be added along the side of the building and pore landscaping will be provided. I•:r. Spitz said this was an of=ice use, which is per=itted in that area. r':. Eking warned Mr. :roods that if they wanted to use the land in _`rent of the building in the future, they sight need subdivision arrcial and '•:r. roger added that the Cl/CZ' zoning might cause some :roble:s at a later date. lr. Spitz said parking seeped to be more than aSeouste. `r. LwinU noved that the South Eurlin�;ton P1a -nin€ Cc=ission ar -rcve the site Klan application of BD. Realty Association for a 4,802 souare foot addition to an existing office building at 1500 Shelburne !load, an depicted on a r1ar. entitled "]yew Addition to existing Office Building, Eurlir.Lten Data iTocessinE", preoared by Gordon C. Woods Associates and doted 12/80. sub ect to the fo_lowinj stipulations: 1. The parking lot -ust be graded, and that gradin. noted cn the plan: of record, so that stor= water will no., drain on to the adjacent rroper v. 2. The final site plan shall indicate the location of five additional E'orwa Naples to be relocated from the proposed new perking area. 3. A landscaping bond of n3,000 shall be Provided. 4. This approval expires 6 months from this dote. T e motion was seconded by Irr. Kr. Woods said there was a swale in the middle of the new pbrkin& lot, with a 6" drop, in the- center. The Potion carried unanimously. At}.-lication by Juster Associates for an-.roval -of a conversion and ex,:ansior. of a previous bakery and card snot to a Wellb D..;, _'tore in the shop-ini. center on :-elburr.e Rcad south of I-180 ::r. Dou€ Kennedy said t::e request was to cc_:vert a card store cf 32C0 s?. ft. and a bakery of 160C se . ft., as well as the existing enclosed sidewalk. arE 4 in front of both stores, into a ,:ellby Drug ::ture. The Cc"=ission eras concerned a: cut the safety of if the rr ur:,sed lan were fzllowed. The-: did wLnt anot .cr exit w:icy. w.ulc cainE :eo: se to cross trb:. iC, Lnd E._`tE•r S:=e t :4t the ,rc, as£C d;,Gr trj_ fro_ t of t.:E I ._i:�'� Du el_-_: Ft£1 - :.. t:.fit t :E CLtT�:.CF tC the = rece..t W=_11 fro-- !:-.:art le u_,-d. :hc:_r al: o wa.-Ac= t: . c_ t..e n:.r th wal' _ f .no rid its nt;t _n:w if ___si:eilby ):ugs containa door. Dell' '- -athat wcula '_c = rG: iE:, but t: a`. _.e cG::ld C:.EC:_ i t Gut. PLANNING COMMISSION APRIL 15, 1980 The South Burlington Planning Commission held a regular meeting on Tuesday, April 15, 1980 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Sidney Poger, Chairman; Ernest Levesque (late), George Mona, Robert Walsh, Kirk Woolery, James Ewing Member Absent Peter Jacob Others Present David Spitz, Planner; Carl Lisman, Steve Page, Rob Eley, Free Press; Robert and Edwina Cronin, William Moores, Barbara Stevens, Nancy and Dale Klein, Nancy and James McClary, William Szymanski, City Manager; Lowell Krassner, Paul Farrar and Martin Paulsen, City Council; Elaine Isaacson, Diane Geerkin, Dennis Webster Minutes of April 8, 1980 Mr. Mona felt that a situation similar to the one last week regarding the minutes had arisen, regarding the Gregory approval. He has since gone by the property several times and he noted that at the last meeting a passing comment had been made by the applicant that his lot might not count as one of the 4 after development of which the Commission would review traffic. Yx. Mona wanted to clarify that the 4 lots discussed in stipulation #10 on page 3 meant any 4 lots, and that no lot was exempt. Mr. Poger asked that a copy of these minutes with the clarification be sent to Mr. Gregory. Mr. Woolery moved to accept the April 8, 1980 minutes as clarified. Mr. Ewing seconded the motion and it carried 5-0- Mr. Levesque arrived at this point. Site plan review of the new municipal building on Dorset Street Mr. Poger stated that in his 10 years on the Commission this was the first time the City had come before the board to ask permission to do anything. He noted that it was nice to see them. Mr. Levesque felt the State statutes were not up to date on the review of municipal buildings, since they did not mandate review of energy conservation. He felt the building should consider energy, especially solar power. Since the architect was not present yet, it was decided to postpone this item and go on to the next one. Continuation revised final development ublic hearinP on application by the�Glenwood Corporation for t approval for cluster J (20 units) of phase 2 of the Stonehed Mr. Page noted that the applicants had met with the City Engineer last week regarding the sewer question and that the Engineer's 4/11 memo was the solution to the sewer questions. The applicant will agree to do the improvements set down in the memo. Mr. Page said that the sewer lines from cluster J would also be changed from What had been planned. At the last meetings, the main was to run north -south. 2. PLANNING COMMISSION APRIL 15, 1980 After discussions with the Engineer, however, it was decided to revert to the previously approved plan of running the sewer to Andrews Avenue. The two sections of sewer pipe which create the bottlenecks will be replaced at the necessary times. The 62' length will be replaced now and the other done on or about the construction of the 75th unit. Mr. Mona asked the intent of the applicant regarding the rest of the development. Mr. Lisman said a letter had been prepared by Lisman and Lisman addressing questions raised at previous meetings. A letter has also been received stating that Glenwood was a legal entity in good standing (both letters attached to these minutes). Regarding the rest of the units, Mr. Lisman said both he and Mr. Page asked their client about them and the response was that there was not any present intention to build the rest of the project differently than the original, except for cluster J. The cost of construction and of money and the increased cost of the units suggests that the immediate potential market for housing in the city will fit the cluster J concept better than cluster E or F, for example. Glenwood would prefer to build out the project like E or F but the developer is afraid that those units will not sell. The developer wants to build the E and F type but he feels he has to build J this way. He is not asking to build anything other than cluster J in this manner and he hopes to finish the project like E and F. Mr. Poger noted that if economic conditions did not improve, the applicant might ask for more clusters to be changed. Mr. Lisman stated that another option would be not to build at all. Mr. Walsh felt that if the Commission agreed to the change, a precedent would be set. Mr. Mona agreed that a precedent might be set, but he added that that did not mean the Commission would take favorable action on the next change. The price of the units was discussed. The new ones will sell for a price of close to $50,000, said Mr. Lisman. He said that the developer wanted to keep the monthly payment for the new units at about the same level as the monthly payment for clusters E and F, for example, given that a buyer had a 20% downpayment. Because of the dramatic rise in mortgage rates, the purchase price has to be smaller if he is to do that. The developer has said that the same quality of materials will go into these units, but they will be smaller. Mr. Lisman read his letter (see above). Mr. Spitz noted that a phasing schedule for the project had been submitted and he read this. The phases overlap regarding construction dates, and maximum build -out rates are set, although there are no termination dates in the schedule. Regarding the foundations in the ground, Mr. Page informed the board that the developer had asked his firm to do some utility work for se, -vices for those foundations, but Mr. Spitz felt that a building permit would be needed before units could be constructed on the foundations. Mr. McClary said he had met with the developer informally and had discussed the project. He did not think the developer was having trouble selling units similar to those in E and F. He also noted that, regarding the City Attorney's 4/11 letter, the residents felt that this change was significant and would change the basic character of the area. The amenities were discussed. Mr. Lisman said that the tennis court and swimming pool would be located physically in phase 1 but that a resident from either phase would be able to use them. Later there will also be amenities in phase 2, and at that time the association may decide to limit the use of each set of amenities to a specific group of residents. Mr. Dale Klein noted that cluster J was almost in the center of the project and he wondered why a cluster which would be different was located in the center of the area. Mr. Page replied that J conformed to the cluster which would be built next in the phasing schedule. It is also the next one dorm the road, so it is natural to build it next. PLANNING COMMISSION 0 APRIL 15, 1980 Ms. Barb Stevens asked about the existing foundations. These will be built upon, but will need new building permits. Mr. Walsh wondered if the units to be constructed on those foundations would be of the same design as the original. Mr. Lisman said the foundations were there before Glenwood had any intrest in the site. Mr. Poger said that since there had been no request to change from the original plan for those foundations, they would have to be constructed in that shape in that location. Kr. Lisman added that unless the _applicant asked for a change, they had approval to build according to the approved design. Pis. Page noted that no elevations were ever submitted for the units. Mr. Spitz commented that the city had on file a plan of record from last March and it showed that the buildings were built as located on that plan with the possible exception that some of them might be separated by 28' instead of 30', which he had not checked out, but which would not be a major change anyway. It was noted that while the plans for the development had been changed, the changes had not been made without the proper approvals. Mr. IcClary objected to the series of changes. He felt this was a PUD and it should look like one thing. Mr. Walsh noted that on pg 24 of the Zoning Regulations, the last general standard for a PUD was "the objectives and purposes to be served" by it. He wanted to know how the proposed change affected the objectives and purposes of the PUD when it originally came before the Commission. Mr. Poger noted that this development might predate those 1974 regulations. Mr. Lisman said that Mr. Potter had received building permits for 92 units of this development in 1973. He added that the objectives and purposes of the PUD were no different, in the mind of the applicant, if J were built the way they are asking to build it. Mr. Krassner noted that esthetics were part of the general standards and he felt the Commission was being asked to change the esthetics here, for the neighborhood and the community as a whole. The McClarys' lawyer was at another meeting and they hoped he would arrive soon. Since it was 9:00, a recess was declared. When the meeting came back to order, the lawyer had still not arrived. The Commission discussed closing the hearing, noting that if needed, they could reopen it later for new information. Mr. Woolery noted that what the Commission had to discuss was how the change affected the character of the area and the specific issue of the 20 units in cluster J. Mr. Woolery moved to close the public hearing on the application of the Glenwood Corporation for revised final plat approval for cluster J of phase 2 of the Stonehedge development. Mr. Ewing seconded the motion, and it carried 6-0. Mr. Mona then moved to return to Item #2 on the agenda, which was postponed this evening. Mr. Levesque seconded the motion and all were in favor. Site plan review of the new municipal building on Dorset Street Mr. Dennis Webster, of Wiemann-Lamphere, architects of the building, spoke to the Commission. He stated that the new building would be added to the existing fire station. The police station will be removed. The back portion of the site will not be used. Mr. Webster also noted that the existing station was built over the setback line from Dorset Street and said the new one would not be. Fire, police and municipal offices will be located in the new building. Mr. Webster said there would be two parking lots, one on each side of the building. The fire department requires 30 parking spaces available at any time, so there will not be public parking in that lot. The primary public entrance to the building will be on the south. There will be a road connecting the two parking lots around the rear of the t;;:ilding for fire and police vehicles. This will be one-way. C1u�c. L cc-cL as ��-K -\D(I-I bUse.s ;,:)-5` yrroq&-Q-c-&� ,�- ys 3vrav � 0 30 '�Y� Ia` rc u,- &,- -::: at " ? o C , G L,,u sTeQ- L* '.r- \ n ©f t y Abets c Qa�l�, as s�c'�► �t�o a►� 01` Jut4 Nurlingtun Nire Department 575 Dorset *treet u #nut4 Nurlingtnn, Uermnnt 85401 OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863-6455 June 5,1984 Ms Jane Bechtel City Planner City Of South Burlington 575 Dorset Street So. Burlington, Vermont 05401 Dear Ms. Bechtel, Plans have been reviewed by the fire department on the Stone Hedge Cluster I & L and the following 1. Plan for Cluster I The water main is listed to be cap and blocked the main line must be a loop system and not dead ended. 2. Plan for Cluster L one hydrant to be relocated. If you have any questions please feel free to call me. Sincerely James W. Goddette Sr Chief FITZPATRICK-LLEWELLYN INCORPORATED Engineering & Planning �ices The Kiln - 15 Brickyard rcoad ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 f TO S / - WE ARE SENDING YOU 5�-<ttached ❑ Under separate cover via_ ❑ Shop drawings E?-Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ ILIEUT A (11FU i M uADUUM DATE JOB NO. ATTENTION R E : ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted [E'For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US PRODUCT 202 � Inc., DIU4nn, Mm 01471. SIGNED: ` If enclosures are not as noted, kindly notify, LOUIS LISMAN BERNARD LISMAN ROBERT E. MANCHESTER CARL H. LISMAN ALLEN D. WEBSTER Mrs. Susan Cain Environemntal Coordinator 111 West Street Essex Junction, VT 05452 Dear Susan: LISMAN & LISMAN ATTORNEYS AT LAW 191 COLLEGE STREET BURLINGTON. VERMONT 05402 June 19, 1980 GLENWOOD CORP. PERMIT NO. 4CO103 602-664-S7S6 In connection with this matter, and pursuant to your letters, dated May 2, 1980 and June 2, 1980, we are enclosing seven sets of surveying sheets, one showing the utilities servicing Clusters E-1 and E-2, another showing as -built conditions for Clusters F and G, and the third being a combination of existing and proposed conditions in Phase I. We have conferred with Dubois & King to determine the information requested in your May 2, 1980 letter. Contact has been made with Steven Goodkind, at the Department of Health, and Ernest Christianson, of the Division of Protection, with respect to water and sewer facilities; it was determined that "as -built" drawings, compiled from existing data and field work, would satisfy their respective jurisdictions. The information appears on the enclosed plans. Webster -Martin, Inc. conducted the necessary excavation and prepared "as -built" drawings for Cluster F and G. These 11as-built" drawings were approved by the Department of Health by letter dated March 1, 1979. Utilities for Clusters E-1 and E-2 were designed by Lance A. Llewellyn, P.E. and approved by the Department of Health in a letter dated 7/24/79. "As-builts" for Clusters E-1 and E-2, prepared by Dubois & King, following construction, are being submitted to the Department of Health for review and approval. Mrs. Susan Cain June 19, 1980 Page -2- Water mains and trunk sewers were installed by Adcom, Inc. in 1973. We understand that Mr. Christianson has con- curred that the existing services will not require reinspection or testing with respect to Glenwood Corp., inasmuch as those mains and trunks predate Glenwood's involvement at the site. Dubois & King, however, has prepared drawings by'locating those services (including rim and invert elevations) and that information appears on the enclosed plans. We further understand that Mr. Christianson has waived the need to test the trunk sewers. He concurred as well, that testing the house laterals will be nearly impossible. The Dubois & King drawings locate those sewers, as well as clean outs, the water/sewer crossing and the typical depth of cover. The only water main/sewer main cross over constructed by Glenwood Corp. has been excavated by Dubois & King; all other cross overs predate the involvement of Glenwood Corp. at Stonehedge. Water lines for Clusters A, B and D have not yet been approved, inasmuch as developement of those Clusters has not commenced. Ve y)H.Lisman yours, Carl CHL:ces Enc. cc: City of South Burlington Williston Road South Burlington, VT South Burlington Planning Commission Williston Road South Burlington, VT Regional Planning Commission Pearl Street Essex Junction, VT Mrs. Susan Cain June 19, 1980 Page -3- cc: Mr. James Dodge Environmental Inspector Division of Protection Agency of Environmental Conservation Lamoille County Agricultural Building RD 1 Morrisville, VT 05661 MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Stonehedge Emergency Drive -Cluster E Date: October 14, 1980 In response to a request from Ted Olsen and Bill Moore of Stonehedge, I field checked the need for the gravel emergency drive between the separate entrances to the buildings in cluster E. The entrance drive to each set of two buildings is about 200 feet long. This distance is not that great as to be a hindrance for an emergency vehicle to back out of. The gravel drive will require constant maintanance if it is to remain serviceable. The purpose of the drive can be served by maintaining a grassed area between these service drives free of trees and obstructions so if the need arises an emergency vehicle could drive through the area. 9/18/80 The following people object to having an access road, connecting the parking lots of units El-E7 and E8-E16, placed between the pool and unit E7. We want to have this road removed. ROAD TO IT,' REPl,_ACFD WITH GRASS AND LANDSCAPED ZEFORE FALL Poll E (�Ltt ,c - 6 F-.. 16�z, /�V- Fz Itic- (Va -pq AtcCl�,�`I ,F � M E M O R A N D U M To: South Burlington Planning Commission From: Stephen Page, Planner Re: Next Meeting's Agenda items Date: December 8, 1978 #2 Smart Associate's Final Plat Lot layout,roadway, and sewage disposal plans have been revised in accord with recommendations made at sketch plan review. The lots and road are planned so that there is a short city street, with a turnaround, and individual driveways to each lot; sewage lines and leach fields are separate for each lot. The common open space will be permanently encumbered against development. A written summary of the necessary legal documentation will be submitted at the hearing. There are no substantive issues; however, there is the usual list of trivia which can be incorporated in the approval motion. #3 Amendment to Stonehedge Final Plat A pool and tennis court are proposed within the 92 unit first phase of this project, which received final approval 6/6/78. The siting of these features caused some minor changes to the location of other units and carports in adjoining clusters. As long as acceptable building separations are maintained, and there is no encroachment over utility easements, I have no concerns on this proposal. Rather, these facilities will reduce demand on public recreation facilities. #4 Garden Way Addition An addition of about 4900 square feet is proposed for the rear of the Garden Way building. Because of the 20' of frontage on this property, access is fixed. The proposed landscaping should make a significant dent in this intensively utilized site. The parking and circulation plan is compatible with the "north side service road" discovered in the Comprehensive Plan. I have some concerns about the location and number of parking spaces and expect to have some further resolution of this matter before the meeting. r—lt.IF-6,1 '-V4"W p[> December 18, 1978 Mr. Mervin Brown The Glenwood Corporation Cedar Glen Drive South Burlington, Vermont 05401 Re: Revised Final Plat, Stonehedge Dear Mr. Brown: This is to formally confirm the action of the South Burlington Planning Commission, at its meeting of 12/12/78, in approving your revised final plat for Stonehedge. The minutes of the meeting are enclosed, which specify the conditionyof your approval. Please call if you have any questions. Yours truly, Stephen Page, Planner SP/mcg 1 Encl cc: Terry Boyle ADMINISTRATIVE CHECKLIST PROJECT NAME/FILE REFERENCE tonehedge Fdvisions to Final Plat 1. LETTER OF NOTIFICATION & APPROVAL MOTION OR FINDINGS & ORDER 2. BONDING OR ESCROW AGREEMENTS LANDSCAPING SEWER WATER STORM DRAINAGE ROADS CURBS SIDEWALKS (NOTE ALL RELEASES OR AGREEMENT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED & SITE.,,,, ,, INSPECTIONS COMPLETED, ETC.: 4. UTILITY EASEMENTS *, BILLS OF SALE RECORDED ACCEPTED 5. CERTIFICATE OF TITLE x 6. ROADWAYS DEEDS FOR CITY STREETS ACCEPTED PRIVATE ROAD & WAIVER AGREEMENT x c� ,,; 7. FINAL PLAT OR RECORD COPY — STAI��ED SIGNEDL & FILED OR RECORDED 8. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 9. MISCELLANEOUS AGREL-MENTS LAND FOR ROAD WIDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SHARED ACCESS POINTS OTHER 10. COPY OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES) 11. FEES — PAID/DATE HEARING BUILDING PERMIT ENGINEERING INSP. SEWER RECREATION (RECORD CALCULATIONS AND DEPOSIT IN ACCOUNT) 12. INPACT FOLLOW UP i.e., "ON LINE" EVALUATION: SCHOOL KIDS CAR COUNTS 4�1 State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation .Department of Environmental Conservation July 24, 2001 Caroline Elise Green H-4 Stonehedge Drive South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, VT 05452 Telephone: (802) 879-5656 Subject: Case Number AM-4-0095; A 2 bedroom single family residence with municipal water and sewer., H-4 Stonehedge Drive, South Burlington, Vermont. LAWS/REGULATIONS INVOLVED FOR LIMITED CONDITIONAL AMNESTY: 18 VSA Section 1218(d) and Environmental Protection Rules, Chapter 1, Subchapter 3, Subdivisions Dear Applicant: Based on the landowner's certification and accompanying documentation, the property described above qualifies for limited conditional amnesty from the state subdivision permitting requirements as of the date of the current landowner's signature on the landowner certification form. In issuing this opinion we have relied entirely on the information submitted to us, and the landowner(s) is responsible for its accuracy. Should it be determined in the future that the statements were not accurate, this letter will not prevent the Agency from taking appropriate enforcement actions. The property remains exempt provided that: 1. The wastewater disposal system has not failed: 2. The lot is not subsequently subdivided: 3. There is no significant modification of the building or structure after January 1, 1999 that would increase the design flows, such as adding a bedroom: 4. There is no significant modification of the potable water supply or wastewater disposal system after January 1, 1999: and 5. If a Subdivision Permit had been issued for the lot prior to January 1, 1999, the conditions of such permit concerning actions required to be taken after January 1, 1999 shall remain in effect. Such conditions may include ones concerning operation and maintenance, and transfer of ownership. A permit will be needed if the property no longer meets the exemption criteria listed above. Please note that although this lot may be exempt from state subdivision permitting requirements, it may not be exempt from other state permits, municipal regulations and/or permits. We recommend that this letter be recorded in the South Burlington Land Records, although it is not required. Sincerely, Je anne Wym�ssistant, Regional Engineer South Burlington Planning & Selectboard Lisa Gale Peery, Esquire 6ZEL, PAGE & FLETCHER, V C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* E-MAIL(FIRM2555 a FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (JMCLEAN a FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S FAX (802) 660-2552 TIMOTHY M. EUSTACE ('..ALS0 ADMITTED IN N.Y.) May 1, 2001 VIA FACSIMILE & FIRST-CLASS MAIL Carl H. Lisman, Esq. Lisman, Webster, Kirkpatrick & Leckerling, P.C. 84 Pine Street, 5`h Floor Burlington, VT 05401 Re: Stonehedge Escrow Bond Dear Carl: MIA KARVONIDES AMANDA S.E. LAFFERTY Based on our discussion of today, I understand that Lawyers Title Insurance Company has required that the $1000.00 bond insuring the landscaping improvements for Stonehedge Condominium - Cluster M be in the form that you forwarded to the City on April 10, 2001. While the City prefers to use its standard form landscaping escrow agreement (previously forwarded to you) in connection with this matter, under the circumstances, we are willing to accept the bond in its present form. Accordingly, please forward the bond, in its original, executed form to Raymond J. Belair, Zoning Administrator, at the City offices as soon as possible. Thank you for your attention to this matter. Please let me know if you have any questions. �1 Sincerihly, bseph S. McLean JSM/ laf cc: Ray Belair, Administrative Officer Son4572.cor CARL H. LISMAN ALLEN D. WEBSTER, CPA MARY G. KIRKPATRICK E. WILLIAM LECKERLING DOUGLAS K. RH.EY MARK D. OETTINGER RICHARD W. KOZLOWSKI CHRISTINA A. JENSEN LISMAN, WEBSTER, KIRKPATRICK & LECKERLING, P.C. ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VERMONT 05402 Ray Belair Zoning Administrator City of South Burlington 575 Dorset Street So. Burlington, Vermont 05403 Dear Ray: Telephone 802-864-5756 Telecopier 802-864-3629 Direct Line 802-865-2500 ext. 225 Website Address: www.lisman.com E-Mail Address: clisman@lisman.com April 10, 2001 Stonehedge (Cluster M) OFFICES IN FINANCIAL PLAZA AT 84 PINE STREET BURLINGTON,VERMONT BERNARD LISMAN MARYP.KEHOE COUNSEL In connection with the landscaping to be installed this spring, I am enclosing a copy of the proposed Bond to be executed by Lawyers Title Insurance Corporation. Let me know if this will satisfy the requirement. V i urs, i Carl H. Lisman CHL/gap Enclosures cc: Joseph McLean, Esq. (w/encl.) 5:\23180.004%elair.1tr Y I The date of this Bond is April , 2001. It is made by Lawyers Title Insurance Corporation, an insurance company licensed by the State of Vermont ("LTIC"), as principal and surety. Recitals A. In 1979, Glenwood Corporation, as the original developer of the Stonehedge Condominium (Cluster M), received final subdivision approval from the Municipality's Planning Commission for the construction and development of 16 residential condominium apartments, and related parking and landscaping in a development to be known as Stonehedge Condominium (Cluster M). The development is referred to herein as the "Regime." B. Thereafter, administrative amendments to the approval were made by the Planning Commission's staff. plan. entitled C. As currently in place, the landscaping for the Regime varies from the previously approved D. The Association has caused to be submitted to the Development Review Board a plan Site Plan Cluster M Stonehedge Condominium Stonehedge Drive So. Burlington,, Vt. dated July 25, 2000, prepared by Trudell Consulting Engineers, I nc. (the "Plan"). The Plan depicts the landscaping in place. E. On September 19, 2000, the Development Review Board approved the Plan, subject to certain stipulations, one of which requires the Association to "work with staff to revise the plan to include additional landscaping, to total approximately $1,000 that provides adequate screening for the buildings and parking area." F. The Association (a) has agreed to install the additional landscaping, to total approximately $1,000.00, in such locations and in such types and quantities as the Association and the Municipality's staff shall agree and (b) shall repair or replace any faulty or defective work or improper material which may appear within three years of completion. F. The Municipality has required that the Association establish a method to assure that funds are available for three years to assure that the landscaping to be performed has taken root and has a good chance of surviving. G. LTIC is willing to ensure that funds are available for three years to assure that the 1 landscaping to be performed has taken root and has a good chance of surviving. Undertaking LTIC hereby is truly held and stands bound to the City of South Burlington (the "Municipality"), in the penal sum of One Thousand Dollars ($1,000.00) to secure the performance of the landscaping obligations of the Association. When the conditions of this obligation are fulfilled, this bond shall no longer be in force. In the event that the Municipality shall certify to LTIC that the landscaping has not taken root or does not have a good chance of surviving at any time within three years from the earlier of the date of installation or June 30, 2004, LTIC shall from time to time pay monies to the Municipality, in a total amount not to exceed $1,000.00 to enable the Municipality to remedy such landscaping. 15 880\006\1 egal\bond. ch i Lawyers Title Insurance Corporation Duly Authorized Agent FA NOS'-21-2000 7JE 11:00 AN ST;TZEL PAGE FLETCHER PC FAX NO. 8026602552 P. 02105 LANDSCAPING ESCROW AGREEMENT PIT THIS AGREEMENT, executed it triplicate by and between .`STONE112 iGE CONDOM1141UM ASSOCIATION (Cluster M) , hereinafter referred to as the "Association," the CITY OF SOUTH BURLINGT'ON, a Vermont municipal corporation, hereinafter referred to as the "Municipality,' and LAWYER'S TITLE INSURANCE COMPANY, an insurance company licensed by the State of Vermont, hereinafter referred to as the "Escrow Agent." W I T N E 8 S E T HS WHEREAS, the Glenwood Corporation, as the original developer of. the Stonehedge condominium project (hereinafter the "Developer"), received Final Plat approval from the Municipality's Planning Commission for the development of property located off Spear Street in the city of South Bt rlington, as depicted on a plan entitled dated 1979 and prepared by(liereinafter £1!F v� Qriginal Plan") ; and WHEREAS, the Developer was required by said approval, at its own expense, to complete certain landscaping improvements; and WHEREAS, the Developer tailed to complete said 'landscaping improvements in the manner shown on the approved Original Plan; and WHEREAS, the Association has caused to be submitted to Municipality a second plan entitled "Site Flan, cluster M, Stonehedge Condominium, Stonehedge Drive, so. Burlington, Vt." dated July 25, 2000, and prepared by Trudell Consulting Engineers, Inc. This second plan depicts the landscaping as currently in place (hereinafter the "As --Built Plan"). WHEREAS, the Association has received approval from the Municipality's Development Review Board for the As -Built Plan, subject to certain stipulations and conditions, including the condition that the Association "work with staff to raviso the plan to include additional landscaping, to total approximately $1000.00, that provides adequate screening for the buildings and par. king area. " WHEREAS, the ,association and Municipality wish to establish a mothod to assure that sufficient funds are available for a three year period to insure that any newly installed landscaping takes root and has a gcod chance of survival; and WHEREAS, the Escrow Agent executes this Agreement solely in the capacity of Escrow Agent. NOW, THEREFORE, the partios hereby covenant and agree as follows: Association will, at its own expense, complete the landscaping depicted on the revised As -Built Plan. NOV-21-2000 TUE 11:01 AN STITZEL PAGE FLETCHER PC FAX NO. 8026602552 F. 03/05 2, The Association shall complete the landscaping depicted on the revised As -Built Plar, no later than 3. Association shall replace or repair any dead or dying plants and/or defective or improper work or materials which may be racognized by the Municipality within three (3) years after completion of improvements set forth in the aforementioned revised As -Built Plan. For the purpose of this Agreement, "'completion's shall be deemed to have occurred when the Municipality has inspected and approved the installation/construction of all the improvements required by this Agreement and issued ;written notice to the Association that the installation/construction is complete and in accordance with aforemrantioned revised As -Built Plan. 4. To sec:urra the Asssociation's performance of the requirements hereinabove set forth and prior to the issuance of any zoning -related permits) in connection with said additional landscaping, Association agrees that the sum of $1000-00 shall be set aside, and placed with Escrow Agent, and shall be available for payment to the Municipality or to Association in accordance with the terms herein set forth. 5. If the Municipality shall file with the Escrow Agent a statenent that the Association is, in the reasonable objective Judgment of the Municipality, in default under the terms of this Agreement, the Escrow Agent shall, subject to the terms of this Agreement, pay monies from said fund to the Municipality, in amounts not to exceed the reasonable amounts required for the Mun.i,.c.i.pality to complete improvements set forth in the aforementioned revised As -Built plan. G. The Municipality will promptly submit to Association a copy of statements contemplated by paragraph 5 which it files With the Escrow Agent, with a copy sent by certified mail to the Association. Neither the Escrow Agent nor the custodian of the funds shall incur any liability to the Association on account of making such paymont to the Municipality, nor shall the Escrow Agent be required to inquire into the propriety of any claim by the Municipality of default on the part of the. Association or into the use of such funds by the Municipality in completing such Improvements. 7. The Municipality shall not file with the Escrow Agent a statement of default under Section 5 hereof until. thirty 300 days after notice has been sent by it to the Association by certified mail, return receipt requested, setting forth inc:antion to do so and the facts upon which it believes a default exists. Association shall have the right to reasonably object to any such statement of default provided that Association shall hake such objection, if at all, within seven (7) days after notice has been sent to it by the Municipality. Upon receipt of any such objection by Association, the Municipality and Association agree to meet in goad faith to reasonably resolve any differences concerning the statement of default. In the event the parties cannot so agree, they shall select an independent, NOV-21-2000 TUE 11:02 AN STITZEL PAGE FLETCHER PC FAX NO. 8026602552 P. 04105 qualified arborist who shall, have the authority to issue a determination resolving the dispute, which detormi.nation shall be final and binding on the parties. A copy of any statement of default sent to the Escrow Agent shall also be sent to the Association by certified mail, return receipt requested. 8. All monies released by the Escrow Agent to the Municipality pursuant to paragraph 5 shall be used by the Mutlicipali.ty solely for the purpose of performing obligations imposed upon the Association by that portion of this Agreement upon which the Association is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, with notice to Association, and shall be accomV.i.shed in such manner as shall complete the work most expeditiously and economically. 9. If monies are released at the direction of the Escrow Agent to tho Municipality pursuant to paragraph 5 and it shall Later develop that any portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Escrow Agent to be held and distributed at the direction of the Escrow Agent pursuant to the terms of this Agreement. 10. The Escrow Agent will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement. 1.1. This Agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hareby, and the completion of the warranty period set forth in paragraph 3, whereupon the Escrow Agent shall release the funds to Association. 12. This Agreement shall bo binding upon the parties hereto, and their respective heirs, executors, administrators, successors and assigns. Bated at _T, Vermont this day of , ROOO. STONEHEDGE CONDOMINIUM ASSOCIATION By: Its Duly Authorized Agent Dated at Vermont this day of �,2000. CITY OF SOUTH BURLINGTCN -'-- By. fit, '5uly Authorized' Agent NOV-21-2000 TUE 11:02 AN ST TZEL PACE FLETCHER PC FAX NO. 8026602552 P. 05/05 Dated at _ , vermont this day of __,2000. LAWYER' S TITLE INSURANCE COMPANY Sy: Its Ou orized Agent. r:,un:ll7, .!Igr 1 i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 19, 2000 Carl H. Lisman, Esquire P.O. Box 728 Burlington, VT 05402 Re: #SD-00-45, Stonehedge Drive Dear Mr. Lisman: Enclosed is a copy of the September 19, 2000 Development Review Board minutes on the above referenced project. If you have any questions, please give me a call. Sincerely, Sarah MacCallum, Planning & Zoning Assistant SM/mcp 1 Encl DEVELOPMENT REVIEW BOARD 19 SEPTEMBER 2000 1. All previous approvals and stipulations whic` are not superseded by this approval shall remain in effect. 2. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 3. Any material alteration to the deck or any change to the site plan shall require approval by the South Burlington Development Review Board. Mr. Cameron seconded. Motion passed unanimously. 5. Public Hearing: Final Plat application #SD-00-45 of William & Charlotte Ross for Stonhedge "M" Association to amend a planned residential development consisting of 16 units in four buildings, Cluster "M." The amendment consists of amending the landscaping plan to approve the "as - built" landscaping, Stonehedge Drive: Ms. Quimby stepped down during this hearing due to a conflict of interest. Mr. Lisman, representing "M" Association, said he didn't know why what was approved was not built. The only reason this was noticed was because of the Bianchi decision. He said they are asking for approval of what was built. Residents can't sell their homes until this is approved. Mr. Lisman noted that staff is asking for more trees. He said that what is there is very mature. He acknowledged that more trees could make it look better, but he didn't know if that was necessary. Mr. Belair said he hoped staff could work with the applicant if the Board wants more trees. Ms. Ravin, a member of the "M" Board,. said there are residents who want to market their units immediately. She said she would like to see the plan approved "as built" and then let the residents decide where to put in more landscaping. She noted that residents would have to pay for this landscaping as they couldn't go after the developer now. Mr. Belair noted there was never a CO issued. He recommended staff work with the applicant on plantings that will be beneficial for them. Mr. Dinklage suggested $1000 in new landscaping and let residents work out what and where with staff. Members agreed. VA DEVELOPMENT REVIEW BOARD 19 SEPTEMBER 2000 Mr. Boucher moved the Development Review Board approve final plat application #SD-00-45 of William and Charlotte Ross to legitimize the present landscaping of the "M" Cluster of Stonehedge Condos, Stonehedge Drive, as depicted on a one page set of plans entitled "Site Plan Cluster M Stonehedge Condominium Stonehedge Drive, So. Burlington," prepared by Trudell Consulting Engineers, Inc, dated 7/25/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall be null and void. 2. The plat plan shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three copies of the approved revised plans shall be submitted to the Director prior to permit issuance. a. The applicant shall work with staff to revise the plan to include additional landscaping to total approximately $1000.00 that provides adequate screening for the buildings and the parking area. 3. Prior to issuance of a Certificate of Occupancy/Compliance, the applicant shall post a bond of $1000.00. The bond shall remain in effect for three years to assure that the landscaping has taken root and has a good chance of surviving. 4. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 5. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Mr. Farley seconded. Motion passed unanimously. Ms. Quimby rejoined the Board. 6. Sketch plan application #SD-00-52 of Technology Park Partners for several boundary line adjustments between lots 1, 2, 3, 4, 6, 14, and 8A of a previously approved 16 lot subdivision, Kimball Avenue and Community Drive: The applicant wants to begin building now and some lct lines need to be modified. Mr. Belair said staff had no problem with what is proposed. OCT-11-2000 09:25 L?SNAN, WEBSTER 90LAEDE43629 P.02=057 ESCROW AGREEMENT THIS AGREEMENT, in triplicate, is made by and among the Stonehedge Condominium Association (Cluster M), a condoruinium association created pursuant to 27 V.S.A. ch. 15 (the "Association'), Lawyer Title Insurance Corporation, an insurance company licensed by the State of Vermont ("LTIC"), and the City of South Burlington, a Vermont municipality (the `Municipality"). Recitals A. In 1979, Glenwood Corporation, as the original developer ofthe Stonehedge Condominium (Cluster M) received final subdivision approval from the Municipality's Planning Commission for the construction and development of 16 residential condominium apartments, and related parking and landscaping in a development to be known as Stonehedge Condominium (Cluster M). The development is referred to herein as the "Regime." B. Thereafter, administrative amendments to the approval were made by the Planning Commission's staff. C. As currently in plan, the landscaping for the Regime varies from the previously approved plan. D. The Association has caused to be submitted to the Development Review Board a plan entitled Site Plan Cluster M Stonehedge Condominium Stonehedge Drive So. Burlington,, Vt. dated July 25, 2000, prepared bgr T'rudell Consulting Engineers, Inc. (the "Plan"'). The Plan depicts the OCT-1-1-2000 09:26 L", aIAH, WEBSTER 902,19643629 P. 07 landscaping in place. E. On September 19. 2000, the Development Review Board approved the Plan, subject to certain stipulations, one of which requires the Association to "work with s*taff to revise the plan to include additional landscaping, to total approximately $ 1,000 that provides adequate screening -fbr the buildings and parking area." F. The parties to this Agreement wish to establish a method to assure that funds axe available for three years to assure that the landscaping to be performed has taken root and has a good chance of surviving. G. LTIC is willing to ensure that funds are available for three years to assure that the landscaping to be performed has taken root and has a good chance of surviving. Agreement NOW, TKEREFORE, the parties hereby covenant and agree as follows, 1. The Association shall install the additional landscaping, to total approximately $1,000-00, in such locations and in such types and quantities as the Association and the Municipality's staff shall agree. If the Association and the Municipality's staff shall be amble, within 3 months from the date hereof, to reach agreement on the additional landscaping, either may petition the Development Review Board for a determination what additional landscaping should be placed where, the decision of the Development Review Board to be final and without further appeal. 2. The Association shall repair or replace any faulty or defective work or improper material which may appear within three yews of completion. 3. In guaranty of the Association's performance of all requirements herciTiabmve set faith, LTIC agrees with the Municipality to set aside the sum of $1,000.00, to be held by it but to be available for payment to the Municipality, in accordance with the terms herein set forth: 2 OCT-1.1-2000 09:27 L 1SMAH, WFBSTEP 9029647-629 F. 04/0S (a) If the Municipality shall file with LTIC a statement that the landscaping has riot taken root or does not have a good chance of surviving at any time within three years from the date of installation, LTIC shall from time to time pay monies to the Municipality, in amounts not to exceed $ 1,000,00 to enable the Municipality to remedy such landscaping. (b) The Municipality will promptly submit to the Association a copy of such statement as it files with LTIC. The consent of the Association to such payment by LTIC to the Municipality shall not be required. LTIC shall incur no liability to the Association on account of making such payment to the Municipality, nor shall LTIC be required to inquire into the propriety of any claim by the Municipality of default on the part of the Association or into the use of such funds by the Municipality in remedying such landscaping. (c) The Municipality shall not file with LTIC a statement of default until sixty (60) days after notice has been sent by it to the Association by certified mail, return receipt requested, setting forth its intention to do so. 4. This Agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns, Dated this day of October, 2000. IN PRESENCE OF: StonehWge Condominium Association (Cluster M) By: Its Duly Authorized Agent City of South Burlington By: Its Duly Authorized Agent OCT-11-2O00 09!27 L SNAN, WEESTER 8O29643629 P.0Si0S Lawyers Title Insurance Company Its Duly Authorized Agent ozu s 8so�ou6u.ga1l.eercw s�2.o1�I TO -AL P.O5 OCT-11-2000 09:25 LISMAN, WEBSTER 902864; 629 P. 0! %05 t I h'.tRKF'A?itlCK Bic iECKERY..INL3 r.,c;?uMs.Fl •! }; ­—Af 1- A4 P1r- a..r.., aw4,..u�..... VT SK421i4a.s�s.c II TELECOPIER TRANSMITTAL COVER SHEET DATE: 10/ 11 /00 CLIENT Na. 1588. 1006 FROM: Carl H Lisman--- N TMBER OF PAGES: COVER SHEET AND 3 PAGES TELECOPIER NUMBER: 846-4 1 01 MESSAGE: Stonehedge M: Having now seen the final language from the DRB, I have revised the agreement. Lawyer Title Insurance Company is willing to guarantee the Association's 3-year warranty period. Will this document work for you? REPLY TO: Lisman, Webster, Kirkpatrick & Leckerling, P.C. 84 Pine Street P.O. Box 728 Burlington, VT 05402 OUR TELECOPIER NUMBER.: 802-864-3629 OUR TELEPHONE NUMBER: 802-864-5756 CONFIDtVnALlTY NXICE This A.waimilc cmntinns i'ADOLgCED AND CONFiDENnAL [NFORW(An0N intended ardy for the use of the addrame(s) mmod above. If you have received this facsimile in cm. you at negtlested 10 do the following: 1. Do not :tad the o" t U of tMs facsimile. I Promptly Col l us to advise of In improper transmission. 3. Mail the Facsimile to its setsderat the above addr*sL Wt will gladly refanq your poRtage. OCT-05-2000 13.'33 L I SMC-A, WEBSTER 802864Z762-9 P.02,04 ESCROW AGREEMENT THIS AGREl'.MENT, in triplicate, is made by and between the Stonehedge Condominium Association (Cluster M), a condominium association created pursuant to 27 V.S,A, ch. 15 (the "Association'") and the City of South Burlington, a Vermont municipality (the `-Municipalitw). Recitals A. In 1979, Glenwood Corporation, as the originai developer of the Stonehedge Condominium (Cluster NA) received final subdivision approval from the Municipality's Planning Commission for the r,-onstruction and development of 16 residential condominium apartments, and related parking and landscaping in a development to be known as Stonehedge Condominium (Cluster M), The development is referred to herein as the "Regime." B. Thereafter. administrative amendments to the approval were made by the Pimming Comm, ssion's staff. plan. entitled C. As currently in place, the landscaping for the Regime varies from the previously approved D, The Association has caused to be submitted to the Development Review Board a plan Site Plan Cluster M Stonehedge Condominium Stonehedge Drive So. Burlington, , Vt. dated July 25,2000, prepared by Trudefl Consulting Engineers, Inc. (the 'Tlan7). The Plaza depicts the landscaping in place. Post -it® Fax Note 7671 Date rb s 1p4e.". 3 TO AIC A) 1, From Co./Dept. Co. Phone # Phone# Fax # Fax # I OCT-05-2000 13;34 LISMAN, I,EESTEP 2 0229 G43"G2`=+ P.O3J CW E. On September 19, 2000, the Development Review Board approved the Plan, subject to certain stipulations, one of which requires the Association to "work with staff to revise the plan to include additional landscaping to total approximately $1,000 that provides adequate sceening for the buildings and parking areas." F. The Association desires to place in escrow with the Municipality the: sum of S1,000.00 which, upon approval of the Municipality's staff as described in Recital E, will be released to pay for such landscaping. ,agreement NOW, THEREFORE, the parties hereby covenant and agree as follows: i. Upon approval by the Municipality's staff of a plan to include landscaping, in addition to that shown on the Plan, at a cost to total approximately $1,000.00, the Municipality shall release the funds held by it pursuant to this Agreement for such purposes. The Municipality may, ur its discretion, issue "joint pay" checks to the Association and the landscaper. 2. The Association shall repair or replace any faulty or defective work or improper material which may appear within one year of completion. 3. If the Association and the Municipality's staffshall be unable, within 3 months from the date hereof, to reach agreement on the additional landscaping, either may petition the Development Review Board for a determination what additional landscaping should be placed where, the decision of the Development review Board to be final and without further appeal. 4. This Agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. Dated this day of October, 2000. OCT-05-2000 '-3'34 LISMAN, WEBSTER 8028643629 P.04'04 IN PRESENCE OF: 3 Stonehedge Condominium Association Its Duly Authorized Agent City of South Burlington Its Duly Authorized Agent CITY OF SOUTH BUR,LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 3, 2000 Carl Lisman P.O. BOX 728 Burlington, VT 05402 Re: William & Charlotte Ross, Final Plat Application for Stonehedge Condominiums Cluster "M" Dear Mr. Lisman: Enclosed please a copy of the Finding of Facts of the Development Review Board meeting on September 19, 2000 (effective date October 3, 2000). Please note the conditions of approval, including that the final plat plans be recorded in the land records within 90 days or this approval is null and void. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 15, 2000 Carl H. Lisman, Esquire P.O. Box 728 Burlington, VT 05402 Re: William and Charlotte Ross, Final Plat Application for Stonehedge Condominiums Cluster «M1, Dear Mr. Lisman: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure someone is present on Tuesday, September 19, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Administrative Officer RJB/mcp Encls I I � �r x Ls coNCAcre 4(�, PAe (TPICAL) y�f\ Pl0'C* LOCAT01 r f• PME N4 4• PNE 1 1 W la / 1 Nf-pow 1 RICEIVED / I ,s MAPLE 1 --- , 4 APPLE NAP E % ` ♦ 4 PINE j e• I AUG 0 200i� a6tue PA1E0 PAflgN6 AeEA ( 1 GARAGE / / 16•immaNv I i V 4( I Q - i 1 41 MAPLE 6•AIPIL i L---.�i�' ♦�.�� / LYPLWLM 1 a•auLON� ' / I City Of So. Burlington L---- � ,s• L� 1 r -- cAaAcr I PA� PNMWO AAEA s APPLE •--- 1 GARAGE /♦\ ; PALEO PAAYIVM A,EA I ��� ^� 1 6• r MAPLE P6AE s 6• MAPLE 1 \ / \ 1 6- MAPLE _��, PA1 PAWWO AREA \ 6• PINE �fVT��� I — - - - - - - - - - — \ \ C91- APPLE l 4• r P6AE r INIVERNM OF W9LVW 4• APPLE 1 / a' PINE + 1 \\ 1\ 1 1 6• NAPLE 4• APPLE \ 8 1 M6 YN AN0 U14 \ \ I j i 1NJ MAPLE` YI " I iw,cu 02 \ 1 1 41 APPLEED 1 \ 1 4- APPLE 1 1 1 \ 4 APPLE ` APPLE \ 1 \ 4• APPLE 4• APPLE 1 ` e APPLE 1 ` e• MAPLE r MAPLE e- MAPLE CUB= N nr RNM or im RAN Is m off Im mmm s mraommm s ON anym AL Site Plan _40 , W7/IA 4 MNa@R MD LANmmmF LOMM N WK e u°BMW ®-� — oW LM �0°6C I MW ON A RAN eN11 W • s1aRIeW -� �fi °F CLUSTER M yg aLJP161 Y. MAW unUnes R.AN' W. scoTr � �, snr wa— sor Is ' IN Ltav MA M PAW u a nE a1�Or TAY. STONEHEDGE CONDOMINIUM saml BURLWO / LAID AND NGNAINMMI i IN No. 4W R11AD 4E A O ncw>cecmc MR (PouNo) or. �/za/oo t•-zo' o CALGIAATD P�6LT C .apMc S"Ie Stonehedge Dr. So. Burlington, Vt ky6 zL s se 9 ME LW w a Zo w w so Feet a wL.L. o6.wu6e 66e. n � TRUDELL CONSULTING ENGINEERS, INC. °°" °1 y 14 are ft k wa m- cos war.L vm" arras r seaoi 9/19/00 MOTION OF APPROVAL WILLIAM & CHARLOTTE ROSS - STONEHEDGE CONDOMINIUMS "M, CLUSTER STONEHEDGE DRIVE I move the South Burlington Development Review Board approve final plat application #SD-00- 45 of William and Charlotte Ross to legitimize the present landscaping of the "M" Cluster of Stonehedge Condos, Stonehedge Drive, as depicted on a one (1) page set of plans entitled, "Site Plan Cluster M Stonehedge Condominium Stonehedge Drive, So. Burlington," prepared by Trudell Consulting Engineers, Inc., dated 7/25/00, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall be null and void. 2) The plat plan shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised plans shall be submitted to the�Director prior to permit issuance. a) The applican shall work with staff to revise the plan to include additional landscaping,Iwhioh-.&h4 include evergreen true, that provides adequate screening for the buildings and the parking area. 3) Prior to issuance of a Certificate of Occupancy/Compliance, the applicant shall post a/�bond irr . The bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 4) Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 5) The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. o OCT �4Jltl �s 9/ 19/00 MOTION OF APPROVAL WILLIAM & CHARLOTTE ROSS - STONEHEDGE CONDOMINIUMS "M' CLUSTER STONEHEDGE DRIVE I move the South Burlington Development Review Board approve final plat application #SD-00- 45 of William and Charlotte Ross to legitimize the present landscaping of the "M" Cluster of Stonehedge Condos, Stonehedge Drive, as depicted on a one (1) page set of plans entitled, "Site Plan Cluster M Stonehedge Condominium Stonehedge Drive, So. Burlington," prepared by Trudell Consulting Engineers, Inc., dated 7/25/00, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall be null and void. 2) The plat plan shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised plans shall be submitted to the Director prior to permit issuance. a) The applicant shall work with staff to revise the plan to include additional landscaping, which shall include evergreen trees, that provides adequate screening for the buildings and the parking area. 3) Prior to issuance of a Certificate of Occupancy/Compliance, the applicant shall post a bond in an amount to be determined by the Director. The bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 4) Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 5) The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Development Review Board September 19, 2000 The deck addition appears to be consistent with the existing average front yard setbacks along the Brookwood Drive although not consistent with the immediate adjacent property. Staff believes that the deck will not create an adverse effect because it is the character of the neighborhood to have small front yard decks. Staff, however, recommends that the Board restrict the proposed encroachment to a deck without railings or other improvements to ensure that the deck is not changed to an other type of addition, such as a garage, that may create an adverse effect. 7) WH LIAM & CHARLOTTE ROSS — FINAL PLAT — STONEHEDGE CONDOMINIUMS "M" CLUSTER LANDSCAPING, STONEHEDGE DRIVE This project proposes to legitimize the present landscaping of the "M" Cluster of Stonehedge Condos. The existing landscaping differs significantly from the landscaping last approved by the Planning Commission as part of the project's site plan on November 27, 1979 (minutes enclosed). Since this last approval there have been minor administrative changes to the parking layout and placement of the buildings. The property on Stonehedge Drive lies within the Residential Four District. It is bounded on the east by Spear Street, on the south by a single family residence, on the west by Szymanski Park, and on the north by the lands of the University of Vermont. Landscaping_ The applicant is proposing to legitimize the mature landscaping existing on the site as the approved landscaping. The previous site plan approval did not require the applicant to bond for the landscaping and therefore the value of the actual plantings can not be compared to the approved plantings. The existing landscaping does provide some of the same intended effect as the approved landscaping but lacks in some areas. The existing landscaping does not provide adequate coverage along the edge of unit M16 facing Stonehedge Drive, between units M13 and M12, along the street fagade of unit M9 and M8, and between the parking area and the street which serves unit M9. The proposed landscaping plan should be revised to include new tree plantings in these areas. The new plantings should not be a dwarf tree and an adequate number should be planted in consultation with staff to provide screening for the buildings and the parking area. Edge of unit M16 facing Stonehedge Drive Between units M13 and M12 Between units M9 and M8 Ga; Approved Landscaping Around Cluster "N" Development Review Board September 19, 2000 Parking area which serves unit M9 8) TECHNOLOGY PARK PARTNERS — SKETCH PLAN — BOUNDARY LINE ADJUSTMENTS, LOTS # 1,2,3,4,6,14, & 8A This project consists of several boundary line adjustments between lots one, two, three, four, six, fourteen, and eight A of a previously approved 16 lot subdivision. The South Burlington Planning Commission previously approved the final plat for this property on October 22, 1996 (minutes enclosed). PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Bur- lington City Hall Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, September 19, 2000, at 7:30 P.M. to consider the following: 11 Appeal #AO-00-09 of Albert & Marie St. Arnand appealing the issuance of a Notice of Violation dated July 18, 2000 by the Administrative Officer and a request for a Stny of Enforcement of the al- leged violation for prop- erty at 55 Swift Street. 21 Appeal *AO-00-08 of Lawrence & Cynthia Caron appeal", the is- suance of a Notice of Vi- olation dated July 13. 2000 by the Administra- tive Officer for property at 4095 Williston Road. 31 Final plat application #SD-00.45 of William & Charlotte Ross for Stonehedge ­M­ Associ- ation to amend a planned residential developrnent consisting of 16 units in tour [41 buildings, Cluster "M". The amendment consists of amending the landscaping plan to ap- prove the "as -built" landscaping, Stonehedge Drive. 4) Application #MS-00- 04 of Henry & Sherry Barton seeking approval from Section 25.118[e]. Exceptions to Yard Set- back and Lot Coverage, of the South Burlington Zoning Regulations, Re- quest is for permission to allow a 10x12' deck to project 10 feet into the required 30 foot front yard setback require - merit, 2 Sherry Road. John Dinklage, Chairman South Burlington Development Review Board Sept. 2. 2000 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant William and Charlotte Ross, for Stonehedge "M" Association 2 ) Name of Subdivision Stonehedge Cluster "M" 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application Contact person: Carl H. Lisman, Esq. , P.O. Box 728, Burlington, VT 05402 (802) 864-5756 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application. - Application necessary to conform to as -built condition. 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and cpntaining all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two dzaft copies of all legal documents required under op 22.1 (11) and (12) of the subdivision regula on f r minor sudivision and under Section 2O4.1(b) for a majoi�s-dbdivision. i (Signature) applicant or contact person Carl H. Lisman August 10, 2000 Date h , LISMAN, WEBSTER, KIRKPATRICK & LECKERLING, P.C. CARL H. LISMAN ALLEN D. WEBSTER, CPA MARY G. KIRKPATRICK E. WILLIAM LECKERLING DOUGLAS K. RILEY MARK D. OETTINGER RICHARD W. KOZLOWSKI CHRISTINA A. JENSEN Mr. Ray Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Ray: ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VERMONT 05402 Telephone 802-864-5756 Telecopier 802-864-3629 Direct Line 802-865-2500 ext. 225 Website Address: www.lisman.com E-Mail Address: clisman@lisman.com August 10, 2000 Stonehed e OFFICES IN FINANCIAL PLAZA AT 84 PINE STREET BURLINGTON, VERMONT LOUIS LISMAN BERNARD LISMAN MARY P. KEHOE COUNSEL I am enclosing an application for approval of the Stonehedge Cluster "M" regime. Attached to the application are five large prints of the site plan, as well as one copy on I V x 17" paper; the plan shows the existing landscaping. As you will recall, the plans approved by the Planning Commission were subsequently modified by the administrative staff. This application is intended to bring into line the City's approved documentation for the regime. We are also enclosing our check, in the amount of $85.00, payable to the City of South Burlington. V Carl H. Lisman CHL/ddp Enclosures cc Mark Schittina, Esq. 15880\006