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BATCH - Supplemental - 0000 Stonington Circle
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' /.%- k commencer 04 units-1-thrargh 19. &av F.— P.V. L)•/Bteq ecru Lh �B w/w _Ln 3.r.ey Cealrot R ht ..",•", •.••. m2 .,,,••.., r porary conlour NoieS.' L�./9ara FOR PERMIT REVIEW \ - ~ £xWfhq hunt tmynae eras/an conbo/ I. to location and moleta 7h existing :tttr SA /s not ocote�nvn6pd �el9n M.B �1°� r'a°/n'e - �i �oposed hycfat to 6e execP or camplete. the Controcfer sho// field locate ®'/ °' 'O" a°' ,aa• ,�• Grading &Erosion Control P/on-Stonington Circle � amh'9 lh ib tY aropasBe cure stop �'- Sif /coca eraBmn contrw uNl!&,* and be sc/ol espons/bfe /or o;/ existing utpillas and Drown s //nwMae Puv seteaix tnelr u 'ntemupted services fie Contloctor she// cortoct O/g Chocked --s - - s--Cr ex/e.mv s ter unB o Ltnaete monument -. _ - - Sale before commancb,g aty worts 1 : JO• / / ,/.{/� 0'9 {� �"1 tl"Y7 �/'n ygri Stp oml Ld, ch+OOB,h -. D,-ai�mXr yam, c J q�P"� Pia Iowa%PorrNg ?- fiis plan IS M no way a bobndory Seale A" sunn9y BAR SCALE - ,,-..- „-' t� >< 3D• Date uor r, 2asr rlvpwed sr t / ten eosrn nnn� FMkn-grodr .spot s/owt,4 r Proposee po M s,W.;o%t/b,Re Poch J A// waler related worJr io be pallormeo in eeeordonea with p opa+ed wdaorw -s. � , the S�oeb7cat/ons and Oatoils lar the nstcdlation of Water " ' u •^r so-.^r a,B.^� m� i;/a• Project AD1B2_— Old Form Rood South BuNm Pc» V✓rnonP 4 -ry ---m— o f-01 a rwm..-s mz w.�....am,,,v Tb ss�az DA-&s rzvraur u Lymt _t O 9 Jlnes and g terenances Pth oJ/ Water �Wtp Owned by the w, r, a,�^B ^•�� B.�o c �-e n, i Lriamp/ain Woter Ohtr/ci the city of 5<wM Bur//ngtan Lr,d `_ �"• •a ram, �R.BBS' LAN.S'ING Consztdtinq �'rtEt7ineers Inc. -�--nee-� PrpocaBd Cm tow oa rams, mrno �,x �v/o, tns lslJage ot✓er/cho." �s��y» :,; �9'�9 drain Street Colchester, Ye;moni 464•�6 n,.w�� 1 rcit;c�RYaN',° 7/d 3 SECTION I CHANG IUPDAT E CONDITION Add Change Delete ❑ ❑ l Street Name ❑Prange ❑ Community Name ❑ Odd, Even or Both Indicator ❑ Zone (ESN) SSECT-TOPI 2 SECTION 3 Address Range Currently in MSACT Range Change or/Add Street //Address I v �,1 �� Street L, J L I► Low Range Low Range High Range High Range (� V Odd/Even/Both Odd/EvenBoth �7 Community/State Community/State h4(4t 1 N DTU�Vr Zone (ESN) Zone (ESN) 3 3 Rernarks _o�-�) ** IF IFME N SERVICE .ZO E (ESZ) BOUNDARIES CHANGE - FILL OUT ESZ UPDATE FORM ** Signature Print Name 0111>4 Telephone Number 65- '7le)6 Date / For System Provider Use Only: SEC'T'I®lii E911 MSAG Corrected On: Date By Remarks INLUL To: Verizon E-91 1 Data Management Center I Corporate Drive, Floor 2 Andover, MA 0 18 10 or FAX To: 388-770-9548 For Information Call: 800-279-2787 VERM, 01NIT ENHANCED 9-1-11VIS'A G UPD A TE .CORM �3 Date: SEC7'I®I+II CHANGE1UPDATE CONDITION Add Change Delete ❑ ❑ 2 Street Name ❑ Range ❑ Community Name ❑ Odd, Even or Both Indicator ❑ Zone (ESN) L ECTIOP12 SECTION 3 Address Range Currently in MSAG Addres``s''Range Change or Add Street Street Low Range Low Range C I High Range qC) _ High Range / Odd/Even/Both _ Odd/Even/Both Community/State ty � /�� ��� %�� V/ Communi /State Zone (ESN) Zone (ESN) 33 ACLI �,v �I�LLU� Remarks J /��k •/ t=/"� ** IF El! E . I; V SERU1ZON'.'(,ESZ) BOUNDARIESCHANGE -FILL OUT ESZ UPDATE FORM** Signature ✓ Print Name Tele hone Number P w T�� Date 3 /t U For System Provider Use Only: SECTION 4 E911 MSAG Corrected On: Date By Remarks MAIL To: Verizon E-911 Data Management Center I Corporate Drive, Floor 2 Andover, MA 0 18 10 or FAX To: 888-770-9548 For Information Call: 800-279-2787 IMPACT & PERMIT FEES WORK SHEET Zoning Permit @ $5o0/SFD OR $35o/MF unit x T f f Vy Permit Recording Fee = $1o.00 J Sewer Impact Fee = bedrooms x I� g.p.d. x $4.6o = / �� / • (#204) School Impact Fee (#222) Recreation Impact Fee (#220) � ( - Road Impact Fee (#221) : �6X— 3/5:e� Fire Protection Fee (#20 (),j . / / xy =-q �3, /� 3) Dorset Street Waterline Fee (#230) Sewer Inspection Fee = $25.00 X y / bD Az Sewer Inspection Recording Fee = $10.00 Ll.) TOTAL /6 7 G Property Address: Property Owner: f / .RIPwbdotaviSIX �) dhtoersai -/ P_ l!ty� Match Line - J •�/ / / � ��.,�I /.ice..... zN / , � � // � � I� I. �l ) I�� /11 �a .1 os),� Fmn any / r //I idin /Ji m a'u rases wr,» I ) / CV ,• � / II -/i -_..- iy,,,l-• � � / ��,°° - i.� . "� �* �^.�".+^ •,,�,a �kga / V7./I '" ��ll ! / ' • pye / s•.�/,.•e - /:�2' _�-1r� /z' �' y�,r -�g �, R(<'o(� _ ,� 'j:,•(�l/(�f�,�''ay.,i9'��/�I; �_. -;• " / .•, f / 5�.- / � � ! j ham...- ,.,\ � � 'ij� ll �i ;o-; t X� r I' 1 1 1 \t� ,./yii, / V/DaJ r Ak��\,4'<d4S .. J2st .. . • / Srwc� Utv-• / / / `/(�"� ;�Y\:.. ;,. � -'' �."' •� sea;., s !I / / . ':i � '•� / i / t � :. ice' ' 1.I % � i / % , \ �, �� J -� \ � \ \ { Ir ' s< '�/ 7ti. �k/ mil ° ' ,, h""+ / ��� / / /,/� -v 9. `Nr -:` �`� dV \ j / r r "'r . �'�� C• _ / // ! _ \ .•'. / afawr prt rtna erereW � / / i •�'' !ice_ t l \`'1tr \ w n � � � isms - \ eberrbbn /.� ��1,.�1a Ar �N eu„ / / // } / � // �'•..., / hears �`\\ cx�i �/r�/� � � l + i/ / I! ! '' r?, /t //ii �/ �\.i%/l / � - I r! /I 'ui �/ • , ,' � 9a�,�x /,i/ II//I - ° J �111I/�Stormwotar lK//I I . ;^\fit /'/! `/ I/ n rre„� \ +� ✓ - ,� I // .; II 'ii1der / / Meh / ',// / �, ". •`',�. +^s� - I ,` y i i �r,. n�"•m cv oa,m \ //I , A - ' fill >�r • -� t Show r c .a• } N, ` �II /)/ ! -4: i \\\\\\\\\\ • - r l \ s r \ - 'rl� ArahoeatoSL4 ibv*lre a�so. No svbavvfose ... I1 prkr Witt en upprord (� a �� / / • III '•....`�� \\ �\ ��- / / +� - i� xsrr � \\. ,..�.,-. - bom._t(tfl_D�yarb»ent o� Y" Yb_rtw- da t I II \ t \ ,� �. -• 1 ,� `Ib 1 +,,: t,VI ,// rill, /�>-.�, u;R, /// �/,� �,i}x�;� �"�s` °�, 1\\ \\\\ -� J, �.: .., {.- J 11 ..`.�•` /�,!////i / t�3r .rr'//� /, /:� '. \ j.�int ,�° ,.,h \,q'I /'� �{n`�'W��� �"__ off` ,, �.�-b.I_.,.:>»�' ds•... �- ,. .�" .. I � \ 1 �, � . • . � / ,` q ^ \. / � I :, 1� -:' ; 4 h� <�r�} � Fyn i I ' / ':i+V. �I � I. ;s; �� .-„`-1 "i - tl��+. 1 JC3 \ � \ ✓ \:. 1 � v� ..,�� / ! -' / /� r 66 sraramaa ti l l I I'/�� / ri J't i lr 1 " . e19?r 0, Parking // SS � ?!eam°'"�"(ryRl_ IIf yl �__-_ __,� I'J�,^=i i�' `�/I I Y:,.. 'r � � (."� 't.�C7Cre:;i• a. 33!�i` ,iy+� �if,;r`.. j I { I 1 t' •s"` z�y., -� ' y�r/'o,e,..� ,\ -.. r �1 %. \ �`� / ` Sit anc:' �'��°✓/ r r. i / - o j �.. � I I t 11 � � /%Aa � ` � dt'n s;;rl ,r�/ � •r _� R,ytp..:, '/ , r�",,•+/ r - fr',''r� i 't4�(�III � '� -� `� �z�/ �' ''�. ° ��t _ r I �/ /r ,/ 'bti �v.. �Ir`: /^,• M.r /.-. INN 41 z' :F� :N�ds to / I I', � I � � ,, �\.. t � ,'"',•\ye\� ,. �^ M}�h• � .. �! '"c'Y'.'-..., oYstur;rSdnco / ,\\1 1 Iv I I`�' t'I ,Y � �\ i •�' '�,� '-.�ll'ici4lt� !l%>,//I J /, /� *• � A. •� �ji . � i • I , fit i t �` \"�` \\� ..r,�-``i \ � ,� \��`�< �J ,�_ is `,-t I / \\ � �.c�...`-_---------^----` ^_.._,_.�--•-'" ✓j � r �" '? �"., .._��� ..-�` � I' _.,,.,,,,,..,.-•-.. ...-.-----.,.•,_•-.. y ,Si.�k�•fa�'av v. y'm (; f r ,r*o ,,� Win; T� �'e� '., �._�.-,....__,....-• w.. Ji I fie Intersection of the proposed road with Kennedy Dnve is shown for Alustrative purposes \ Actual intesectinn design wi// be by others n1.25 edJr 401ihy I .want ,:once erosion i \��-� i 1 � .�--•-•.,,.' 'P/g/rt-Sta6.il2M �y Approx. AnP ly Line a. ExuNng poww Pole —L —W— — K-N— Existing Notes Lane/gots v/- _:12 swwy casual Pont —IR- — ►+W— Proposed Niter Line/gate Aww Ekb&g hyaiant "-Y-Y X-y-v -1 &I-e rg tree /are 9 pmpassd hydmnt rYWWWwYY1 aearhg lhrits t Proposed arrb stop Exlsthg Sawsr Lme/manhole o Covrcrete morumant ' Proposed Sewer Lin hmools p /ran Pip. —sr`---er-U-- £xistmg Slam Lore/catch bash -... Oraatag. Aow Proposed Storm Une%atch bash 437.5 rihish grade ,goot alovation b17 -ta Proposed unow&ah — Sign ---• ��- ex/etDrg Cartow KY Light Past Proposed caotour Ho,jbde oroslon control Proposed posed roods/Porkwrg Proposed Silt M7f * &vslon cottml powd ..ldowo/k/biko path A' sVcnoeo/aglcoi ;:ensit/w asap v .- - -- •- - - - Pt10 sefdoc.P �-- - - - -+ ,Snow r'encm bonier ®.•...... RvRaorvey camper h.. ./ Erosion Contra/ Sequence.• �,.. 1. arstatl erosion control ono, snow fence barriers I Install drainage ond stabilized construction entrance at Eldredge Straet-Kenneo,y Or/ve /nterseetion. M 4. Construct temperay sed/mentotItin basar- d Instal/ uIllties and storm damage. Notew 1. The locaden and matar/40 of axlsehg utb7tles is not lranoneod to be exact or complete. 7ha Contractor %60// IWOF lor.•ot' all 'titles and be solely responsible far av/ existing utl//tics cad their uninterrupted sorvicas. The Contractor shot cartoct Dig Safe before cornmonohg any nr * 2. Ails plan is /n no way a boundary surnvy. J ml water related wtv* to be performed /n accoro'or7ce wet) the "Speciricotions and Orto#s for the hretdlotlan of Water Ines and appartenances for all Niter Systems Owned by the C/ramplabl water Olsb*t, the My of South Swington, and Me 1411age o/ Jericho' 0• JO' 50' 120' 150' SAR SCALE Y = ,;o' Fierway 24 20a2 b dd qx por*ng royout, ind plot s bmittd of 2/251W ,W—h- fa Tbol b i/d g ponhng ref : rl/YI/bl Aupu1 14 mvcr mf j e,I3/ol Oveoked I Dote Grading & Erosion Control Plan—Lancoster Lone Drown fAP/SIMrr Checked / �..�. >// Date Ny! 2A7t_ ilia Pro act 00182 Old Fwl» Road South Dur/m tat %rmont FOR PERMdT f'�EVI I-Af �s�x� �a r �t� jtine�-rm Ane. ,.:.. �„ A ffi9 .,lairs :Yhvee,, Colchwstar, Y?r^rr..anx M--,! S IMPACT Er PERMIT FEES WORK SHEET Zoning Permit @ $500%SFD OR ------ _-__ $350�MF Unit �1= ___--/� Ibo�% Permit Recording Fee = $10.00 4 q, �3 Sewer Impact Fee = bedrooms x --__g.p.d. x $4.60= School Impact Fee (#222) Recreation Impact Fee (#220) Road Impact Fee (#221) = J§-_ 5t k Fire Protection Fee (#203) - Dorset Street Waterline Fee (#230) ______________ Sewer Inspection Fee = $25.00 Sewer Inspection Recording Fee - $10.00 TOTAL 2�21 �_6 S �� Property Address ��0 � __---��-------__-�- - �_-- t APR-06-04 03:13 PM HOMESTEAD DESIGN 8028783310 P.01 STONINGTON PWMIT INFORMATION %lwN41 UM INFO FOR PSRMITB kn" bN are based f �M1fiCtlon Wore April 1 am Mo.,on CAsle 040 u"r rvea lsii�.II 0"rearst Atelcn a bd d M } 7,f30N !•Op caxvwcwn few i"k re01+T47e0t 3 '42 de W" OWImpad $ 79,06 pwuml Ant offtellam fee 5 109.e3 psr'Ot NW* 1""w( } t,760.00 6 of lradrOOmm s 127.e3 Osp4me x 4.00 Our ohldn Mwer inapedier. lee d 20 CO DWW 51 Walat fre per ^t Rrtwtdng lee } 10.00 ►erTmt he. } woo S 7.45 LIL Fwer w" mI , M�f ae. N ,rose Ud* m Fee Caleulallen Grw nclact It i Sw ei pw unk rr0 Imps51 } i6M' A! W umn rw Wpm 5 70.m pm,Mk Two p.oMc!km f N ftvW nrAm 5 to& 51 1 1,780.00 pw jAn M or Q ,t s a 127. G3 saR ms K CW W grown sewer iMpeAenn tzar 5 2900 tm w ST. water fee 6 pw UM .aerak,e!ee a 4000 Fsrrmlt fee: 5 *00.00 ��q{ R q>ORypma 61onm 0ri Ir:�r t7mQ Omme F pop eamood Import Ow urt ON me, Der ulk a�0.Vo se,�rI #d bedrmns z 127,634e110me s 41C per pelk.n NMI Inm/CEiom Tµ Per unA bww It WeW Fee Aemrdmp W PMnM Ir: IOTA. ILD01 5 4.22$ 0a SUMMARY AnrOuml ST eW+�Ctiit HA11,4S {1631" ocW% 54.013A0 1ewc fm s 10.00 TOTK e001 {9,23tw� ZONING TNERrMT A RECORMNG FEES W.BLiRLM a -WA IAIJIIWII R ISTRJCT ejfig im a sw w let meter pt10n �K T 19 5 29C 00 OW Sean trrMw TOTAL KOG,1 i� WATER DOFT, PERMr FRaa POst4t` Fax Note 7671 0 of Deges10, I` T From C Co./Dvp Co. Phens # Ph011e #& 78 Fax # F0 N 3 t4 V 1 O'Brien II01ne Farm Wastewater Allocation Lot i Lot 2) Lot 3 Lot 4 Total Parcel "Stonington" "Lancaster" Owner/ Developer HDI Snyder Total # of units 70 # of units: 1 BR 2 BR 70 3 BR 4 BR Total design flow 17,472 14,700 32,172 Approval 6/18/02 17,472 13,500 1,521 32,493 Amendments: 1,357 11/25/03 17,472 14,857 1,521 33,850 11/26/200-11-25-03 O'Brien Home Farm Wastewater Allocatin.xls KREBS & LANSING Consulting Engineers, Inc. August 20, 2003 Ray Belair City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: O'Brien Home Farm - South Burlington, Vermont Dear Ray, 164 Main Street Suite 201 Colchester, VT 05446 Telephone (802) 878-0375 Fax (802) 878-9618 Please find attached an updated Utility Plan for the Stonington Circle portion of the O'Brien Home Farm project. Through the course of preparing construction plans, several design details have been modified, including: Each four unit building is required to have handicapped access on at least one unit. Therefore, a stone retaining wall has been added next to the driveways on Units 4. 55, 90, 108, and 170 in order to maintain a suitable grade on the sidewalk for handicapped access. The entrance sidewalks on these units have been lengthened where possible to further flatten the entrance slopes. It is now indicated clearly on the plans which units have concrete patios and which units have wooden decks. Units 89 and 101 include a 3' catwalks to enable access to the decks from a living space. Units 89, 91, 99, 101, 117, 119, 129, 137, 141, and 169, show additional retaining walls on the back of the units. These retaining walls will enable "lookout" style basements in the units. A 4' high fence will be used atop these walls where necessary to comply with building codes. We believe these changes are minimal and fall within the necessary parameters to be processed administratively. Please review the plan and contact us at your earliest convenience if you have any questions or comments. Sincerely, J0 Scott Homsted swh enclosure cc: Patrick O'Brien John Hausner 00182-ray-"d DEPARTMENT OF PIANKING & ZONE14G 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Scott Homsted Krels & Lansing 164 Main Street, Suite zoi Colchester, VT 05446 Re: O'Brien Home Farm — Field Changes Dear Mr. Homsted, This is in response to your letter of August zo, 2003 regarding minor field changes to be made in the Stonington Circle project. Pursuant to Section 14.05 (I) (1)(a) of the Land Development Regulations, the field changes listed in your letter are hereby approved. Please note that Section 14.05 (I) (2)(a) of the Land Development Regulations, an as -built plan, certified by an engineer, will be needed prior to the issuance of a Certificate of Occupancy for any building involved in the field changes. If you have any questions, please feel free to contact me. Sincez . Belair xive Officer IMPACT Er PERMIT FEES WORK SHEET Zoning Permit @ $500/SFD OR __________ _ $350/MF Unit X z----- _ Permit Recording Fee = $10.00 J Sewer Impact Fee = 1-bedrooms xl g.p.d. x $4.60= C r School Impact Fee (#222) - z _Gs_x� _ zC/0- fs P Recreation Impact Fee (#220) �49�, __ Road Impact Fee (#221) Fire Protection Fee (#203) Dorset Street Waterline Fee (#230) ______________ Sewer Inspection Fee = $ 25.00 = �� Sewer Inspection Recording Fee = $10.00 P � TOTAL CA w-, Property Address _----- .�--------- ?tbl (� !� IMPACT Er PERMIT FEES WORK SHEET Zoning Permit @ $500%SFD OR ---__ -- ------------ $350%MF Unit _Y� ---- Permit Recording Fee = $10.00L/ j-qe, �V- L--/ Sewer Impact Fee - __ _bedrooms x I___g.p.d. x $4.60= _-2 —i School Impact Fee (#222) - ___����0,, 2,-� � Recreation Impact Fee (#220) _ �!� G Road Impact Fee (#221) _ n Fire Protection Fee (#203) Dorset Street Waterline Fee (#230) Sewer Inspection Fee _ $25.00 _. Sewer Inspection Recording Fee = $10.00 X�ZIC, TOTAL ----- S-1 --- Property Address-------------------- �ti� gas ,��I: IMPACT & PERMIT FEES WORK SHEET Zoning Permit @a $.Io/square foot = Permit Recording Fee = $I0.00 Sewer Impact Fee = A —bedrooms x g.p.d, x $4.6o = 5-5 f�, 60 School Impact Fee (#222) _��,�� yl� Recreation Impact Fee (#220) Road Impact Fee (#22I) = f4 - Fire Protection Fee (#203) = `% 7, Y Sewer Inspection Fee = Sewer Inspection Recording Fee = TOTAL Property address z $I0.00 Y-� - /� LJ q 5-'?7.�7o IMPACT & PERMIT FEES WORK SHEET Zoning Permit @ $.to/square foot = �� Permit Recording Fee = $10.00 / y� Sewer Impact Fee = ,bedrooms x,a/t � 'g.p.d. x $4.60 - School Impact Fee (#zzz) = 6ds1/ 6� Recreation Impact Fee (#zzo) _ Road Impact Fee (#zzi) _ Fire Protection Fee (#203) _ Sewer Inspection Fee = Sewer Inspection Recording Fee = TOTAL. Property address _ �y, le Y 301� 7� 60 $10.00 X � = vO $ I0. 00 / Y = (/o / 7/ 666, ve S%-01vlpd7dll) (II(LE Based on the above Findings of Fact, South Burlington Development Review Board approves approve final plat application #SD-02-18 of Daniel and Leo O'Brien Jr., dba Forest Park Realty Corp. and the O'Brien Family Limited Partnership for a 107 unit planned residential development consisting of 18 buildings and a five (5) lot subdivision, as depicted on 29 page set of plans, page three (3) entitled, "O'Brien Home Farm Old Farm Road South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, dated May 1, 2001, last revised on 2/25/02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Prior to issuance of a zoning permit for the first lot or start of utility or road construction, all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for the proposed public roads, utility, sewer, drainage, water and recreation path, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 3) Prior to start of construction of the improvements described in condition #2 above, the applicant shall post a bond which covers the cost of said improvements. 4) In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (e.g., roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a licensed engineer. 5) The plat plans shall be revised to show the changes listed below and shall require approval by the Director of Planning and Zoning (hereinafter Director). Four copies of the approved revised plat plans shall be submitted to the Director prior to recording. a) The final plat plans shall be revised to show the location of all proposed lighting and reflect the quantities on sheet L5. b) The final plat plans shall be revised to show mailbox clusters if proposed. These clusters shall be located outside of the proposed city street right-of-way. c) The final plat plans shall be revised to reflect the comments of the city arborist. d) The final plat plans shall be revised to show the proposed street on the Official Map connecting Old Farm Road and Hinesburg Road. e) The final plat plans shall be revised to eliminate the three different street names and shall be changed to a single street name. f) The final plat plans shall be revised to indicate the size of the dwelling units. g) The final plat plans shall be revised to show the remaining two lots numbered as lots #4 and #5. h) The final plat plans shall be revised to show underground power, telephone, and T.V. lines placed outside of the street R.O.W. i) The final plat plans shall be revised to include plans of the gas main. j) The final plat plans shall be revised so the traffic island at intersection of Eldredge Street and Kennedy Drive is set back two (2) feet from edge of Kennedy Drive. 9 k) The final plat plans shall be revised to note the type of fence to be located adjacent to Georgetown Condominiums as mutually agreed upon by the Georgetown Condominium Association, the appellant, and staff. 1) The final plat plans shall be revised to identify the correct zoning districts contained on the parcel. m) The final plat plans shall be revised to show an additional $2,500 worth of plantings and/or a fence up to 6 feet high adjacent to the Wellesley Grove property. 6) The stormwater retention facilities on the 15.6-acre lot shall be privately owned and maintained by the homeowners association for lot # 1 and by the developer/applicant for lot #2. 7) Prior to issuance of a zoning permit for any construction on lot # 1 the applicant shall post a $48,000 bond, and before any construction on lot #2, the applicant shall post a $31,460 bond. Prior to the start of construction of the public street, the applicant shall post a $64,520 bond for the street trees. These bonds shall remain in effect for three (3) years to assure the landscaping takes root and has a good chance of surviving. 8) Prior to zoning permit issuance, the applicant shall submit exterior lighting details (cut sheets) for all proposed exterior lighting for the buildings. 9) The developer shall be responsible for purchase and installation of all traffic signs. i0) All the residential buildings on lot #2 shall be sprinklered and alarmed, and the residential buildings on lot # 1 shall be alarmed. 11) No structures shall be permitted in the PUD setback area provided in Section 26.154 (d) of the zoning regulations unless approved as part of this development and shown on the approved plans. 12) Pursuant to Section 40 1. 1 (k) (b) (3) of the subdivision regulations, the Board waives Section 401.1 (k) (b) (2) of the subdivision regulations and allows the two (2) private streets to have more than 20 units. It is the Board's opinion that these streets would improve traffic safety conditions and not adversely affect the public good and welfare of the community. 13) Pursuant to Section 10.404 of the zoning regulations, the Board modifies the front yard setback requirements for buildings #20 and #39 on Lancaster Lane as shown on the plan. 14) Pursuant to Section 25.113 (b) of the Zoning Regulations, the Board approves a 5 foot increase in height for buildings at 420, 39, 40 and 60 Lancaster Lane to maximum of 45 feet from the average pre -construction grade. It is the Board's opinion that the criteria under Section 25.113 (b) (1) (iii) of the zoning regulations are being met. 6 15) Prior to occupancy of the first dwelling unit, the applicant shall construct left-tum lanes on Hinesburg Road at Magalloway Street to serve the project. 16) Prior to issuance of a zoning permit, the applicant shall submit homeowners documents which include language that: 1) the garages will not be turned into living spaces, and 2) no recreational vehicles shall be kept on the premises. 17) The final plat plan (survey plat and sheets 3, and 5) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat and sheets 3, and 5 in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. / Chair or-vk.&. Date South Burlington Development Review Board Please Note: You hcn)e the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued The fee is S150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V S.A. § 4472(d) (exclusivity of remedy; finality). 7 STONINGTON and GLENEAGLES PERMIT INFORMATION BUILDING A USED INFO. FOR PERMITS - Irnpact fees are based on completion of construction before of Unit A Floor Dian Unit Type N of ea. it bedrooms 8 Sloni on Circle I 1 1 1752 1 3 Description Arnount Fee Calculation school impact $ 1,513.65 per unit rec impact $ 756.90 per unit road impact $ 75.98 per unit fire protection fee $ 97.39 per unit sewer impact $ 1,760.00 Dorset St Water fee $ - per unit Connection fee $ 20.00 Permit fee: $ 175.20 $.10 per square foot $ 4,399.12 mStm ' i7.....!::::.. N of Floor plan Unit Tvoe N o a ft bedrooms Circle 1752 1 3 Description Fee Calculation school impact $ 1,513.65 per unit rec Impact $ 756.90 per unit ,road i-rpact $ 75.98 per unit fire protection fee $ 97.39 per unit sewer impact $ 1,760.00 Dorset St. Water fee per unit Connection fee $ 20.00 Permit fee: $ 175.20 E.10 per square foot $ 4,399-12 'N Of Unit Floor plan Unit Type N of sq. ft bedrooms 18 Stoni .+ on -Circle �- 1752 3 Description Am Fee Calculation school impact $ 1,513.65 per unit rec impact $ 756.90 per unit road impact $ 75.98 per unit fire protection fee $ 97.39 per unit sewer impact $ 1.760.00 Dorset St. Water Fee Connection fee $ 20.00 Permit fee: $ 175.20 $.10 per square foot $ 4,399.12 ........ ..::t✓/Axt%{5[!o&r+v/-F'iu +x✓ 1.. r... ...... ....... ........ � rC•d..i N O( Unit A Floor plan Unit Tvoe N of so- It bedrooms 20 Stoni on Circle-y--- 1752 3 Description Amount Fee Calculation school impact $ 1.513.65 per unit rec impact $ 756.90 per unit road impact $ 75.98 per unit fire protection fee $ 97.39 per unit sewer impact $ 1,760.00 Dorset St. Water Fee Connection fee $ 20.00 Permit fee: $ 175.20 $.10 per square fool $ 4,399.12 lffr: r 9'rr.�iF 4::•":�i.......,..nr...:.... u.,... xvv.xrxru. r.. .. ,.•.xx.:. x......vn::::O::iff SUMMARY Unit 8 $ 4,399.12 unit 10 $ 4,399.12 Unit 18 $ 4,399.12 Unit 20 $ 4,399.12 recordfee $ 00 TOTAL BLDG $ 17,606.48 ZONING PERMIT & RECORDING FEES r ::.-.," .-,.-.,-,,,f -,".:::,:..:'-;:•:;.: ,•:.;,.:-n.-::�;r:"-::",:t.,..+{.,.:' rr:W,n rr,;;,. SO. BURLINGTON WATER DEPARTMENT- DIVISION OF CHAMPLAIN WATER DISTRICT Description Amount Fee Calculation Unit 8 $ 500.00 1 st meter Installation Unit 10 $ 250.00 each addl meter Unit 18 $ 250.00 Unit 20 $ 250.00 TOTAL BLDG A $ 1.250.00 WATER DEPT. PERMIT FEES NOTE: ,peq uo skits(] 'salnleal ,qunoaS CJ M € M LO V lM^ V w pp� cm C> w uj Cr = a Z O m � N Of w Z > M Z ' U00 N w O o0 Z u-t W � S � 1— CO V Z ui � za Fo N Z c+� W00s. 0 � QD r rn _ N W 0 O co W co col d 0 V' J P v IL 0 WX MW 00 Cylinders for Exteriors and Interiors Heavy duty aluminum construction with die cast aluminum wall bracket. Finished with powder coat paint for superior resistance to chipping and fading. UL listed for wet locations. r PAR-38 wBR fwo-hght'up�]down'�,�W.• ?8 ht ; 2 250w Q PAR38 or use ul wet 1ocahon �ct�n R . S ectfy 879$1 top p 1' ht 6" Linder G" dia., 12" ht. 1 250w Q PAR-38 P5741-20 cY Bronze One- rg flush to ceiling or 150w BR-4-0 P5741-30 White Black mounts or hangs with pendant P5741-31 accessory kit. i J' 5 " Cylinders One -light down g 5" W., 7-1/4" lit, 1 75w PAR-30 or P5674 20 Bronze Extends 8". 75w BR-30 P5674-30 White H/CPR 2-1/2". P5674-31 Black P5G74-82 Metallic Gray d ] 4" Sit 2 75w PAR-30 { P5675-20 Bronze 'Two light up/down 5" a Extends 8 . P5675-30 'Whited For use in wct locations specify 13/CTH 7 . P5675-31 Black ," P5675-82 Metallic Gray P8799-31 top cover leas. One -light mounts 5" dia., 6-1/2" ht. 75 30 or P5774-20 P5774-30 Bronze White flush to ceiling 7 BR 30 i! -1-1 z1 Rlork t iyt + it, 346 No Text MAR- -- -0,---, OSA "07 5:419 HOMESTEAD DESIGN 8 028 7 8 =. � 1 0 P. 11 - A J.L&I c'*"',4ie—. DECLARATION FOR STONINGTON CIRCLE, A CONDOMINIUM HOMESTEAD DESIGN, INC., a Vermont Corporation with its principal place of business in Williston, County of Chittenden and State of Vermont, does hereby submit the real property located in the City of South Burlington, Vermont, described in Exhibit A (the 'Property"), to the provisions of the Vermont Common Interest Ownership Act, Title 27A § 1-101 - 4-120 (the "Act"), and hereby creates, with respect to the Property, a condominium to be known as "Stonington Circle" (the "Condominium") which shall be created, held, sold, transferred, conveyed, used, occupied, mortgaged, or otherwise encumbered subject to the reservations, covenants, conditions, restrictions, easements, assessments, and liens hereinafter set forth which are for the purpose of protecting the value and desirability of the Property, and which shall run with the title to the Property, and which shall be binding on all parties having any right, title or interest in or to the Property or any part thereof, and their respective heirs, legal representatives, successors and assigns, and shall inure to the benefit of each and every owner of all or any portion of the Property. ARTICLE I Definitions Each term used herein shall have the meaning specified in this Declaration or the By -Laws of the Stonington Circle Owners Association, Inc. attached hereto as Exhibit E (the "By -Laws"), or if not otherwise defined in this Declaration or the By -Laws, then as defined in the Act: Section 1.1 Act means the Vermont Common Interest Ownership Act (27 V.S.A. §1-101 et seq. Section 1.2 Allocated Interests means the undivided interest in the Common Elements, the Common Expense liability and votes in the Association. Section 1.3 Assessment means the amount assessed against the owners of each Unit from time to time by the Association described below Section 1.4 Association or Unit Owners' Association means the Stonington Circle Owners Association, Inc., a Vermont non-profit corporation organized under Section 3- 101 of the Act. Section 1.5 Building(s) means the structures and related improvements which contain the Units in the Condominium. Section 1.6 By -Laws means the By -Laws of the Association, attached hereto as Exhibit E, as amended rom time to time. - Section 1.7 Common Elements means all portions of the Condominium other than the Units. Section 1.8 Common Expenses means expenditures made by or financial liabilities of the Association and any allocations to reserves. Section 1.9 Common Expenses Liability means the liability of the Common Expenses allocated to each Unit pursuant to Section 2-107 of the Act. Section 1.10 Condominium means Stonington Circle, a Common Interest Community in which portions of real estate (the Units) are designated for separate ownership and the remaining portions of the real estate (the Common Elements) are designated for common ownership solely by the owners of the Units. Section 1.11 Condominium Plan means the plan entitled " South Burlington, Vermont", Sheet , prepared by Krebs & Lansing Consulting Engineers, Inc., dated , 2002, and recorded in Map Volume , Page of the South Burlington City Land Records, attached hereto as Exhibit C-1. Section 1.12 Declarant means Homestead Design, Inc., its successors or assigns. Section 1.13 Declaration means this Document, including any amendments. Section 1.14 Development Rights means the rights reserved by the Declarant under this Declaration to create Units, Common Elements and Limited Common Elements within the Condominium, or withdraw real estate from the Condominium. Section 1.15 Executive Board means the board of directors charged with the management and operation of the Association organized under §3-101 of the Act. Section 1.16 Identifying Number means a symbol or address that identifies only one Unit in the Common Interest Community. Section 1.17 Improvements means any construction on the land included in the Condominium, including but not limited to, buildings, trees and shrubbery planted by the Declarant or the Association, paving, and utilities. 2 Section 1.18 Limited Common Elements means a portion of the Common Elements allocated by this Declaration or by operation of Subdivision 2-102(2) or (4) for the exclusive use of one or more, but fewer than all of the Units. Section 1.19 Plans/Plats means the plans\plats as may be filed with this Declaration, as they may be amended from time to time. Section 1.20 Property means the land together with all improvements, easements, rights and appurtenances, which have been submitted to the provisions of the Act by this Declaration. Section 1.21 Rules means the rules for the use of Units and Common Elements and for the conduct of persons within the Condominium, as adopted by the Executive Board pursuant to this Declaration. Section 1.22 Unit means a physical portion of the Condominium designated for separate ownership or occupancy, the boundaries of which are described in Article IV of this Declaration. Section 1.23 Unit Owner means the Declarant or other person who owns a Unit. Unit Owner does not include a person having an interest in a Unit solely as security for an obligation. The Declarant is the initial owner of any Unit created by this Declaration. ARTICLE II Name and Type of Common Interest Community and Association Section 2.1- Common Interest Community. The name of the Common Interest Community is Stonington Circle. Stonington Circle is a Condominium. Section 2.2 - Association. The name of the Association is Stonington Circle Owners Association, Inc. ARTICLE III Condominium Property Section 3.1 - Property. The Property consists of all and the same lands and premises, together with improvements thereon, and all easements benefitting and burdening the Property, and rights appurtenant thereto, as depicted and described in the Property Description and depicted on Exhibits C and C-1, subject to the Declarant's rights reserved in Article V hereof.. 3 ARTICLE IV Maximum Number of Units, Identification, Boundaries, and Types Section 4.1- Number of Units. As of the date hereof, Declarant intends to develop the Property as a condominium development consisting of forty seven (47) Units in (__) Buildings, located substantially as depicted on the Condominium Plan, subject to Declarant's reserved rights set forth in Article V. As Units are added to the Condominium, the Allocated Interests in the Common Elements and Limited Common Elements will be redetermined as set forth in Exhibit D, as amended from time to time. Section 4.2 - Identification of Units. The identification number of each Unit shall be shown on the Condominium Plan, as amended from time to time. Section 4.3 - Unit Boundaries. The boundaries of each Unit are located as shown on the Plans. The lower boundary of each Unit is the upper surface of the subfloor of the basement slab, the upper boundary of each Unit is the second floor ceiling, and the vertical boundaries are the interior surface of the perimeter or load -bearing walls. All wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces of the Unit shall be a part of the Unit, and all other portions of the walls, floors or ceilings shall be part of the Common Elements. If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a Unit, any portion serving only that Unit is a Limited Common Element allocated solely to that Unit, and any portion of it serving more than one Unit or any portion of the Common Elements is a part of the Common Elements. Subject to the foregoing, all spaces, interior partitions and other fixtures, improvements and appliances within the boundaries of a Unit shall be a part of the Unit. Section 4.4 - Types of Units. As of the date hereof, there are U different Unit types, as follows: ARTICLE V Declarant's Reserved Development Rights 4 Section 5.1 - Reservation of Development Rights. The Declarant hereby reserves the following Development Rights: a. the right to develop (_� Buildings containing Units as each is depicted on the Condominium Plan, as may be amended from time to time. Declarant reserves the right to exercise all Developments Rights years from the date of the execution of this Declaration, after which such rights shall expire as provided in the Act. Declarant makes no assurances as to the order in which the Development Rights as to a particular Unit will be exercised nor whether the Development Rights in a particular Unit will be exercised at all. b. The right to allocate to a Unit the Limited Common Elements adjacent to such Unit, including each item identified as Limited Common Element in the Declaration and as depicted on the Condominium Plan. c. The right to construct underground utility lines, pipes, wires, ducts, conduits and other facilities across the land in Stonington Circle for the purpose of furnishing utility and other services to Buildings and Improvements to be constructed on the land. The Declarant also reserves the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Condominium for the above -mentioned purposes. If the Declarant grants any such easements, Exhibit B shall be amended to include reference to the recorded easement. d. All Units and Common Elements created pursuant to the Development Rights will be restricted to residential use. e. The right to alter the design, type and arrangement of the Units and Buildings, said right to last as long as the Declarant controls the Association or owns any of the Units so altered. If Declarant shall make any such alterations, they shall be reflected in an amendment to this Declaration. The Declarant may make any structural alterations within or affecting any Unit, so long as Declarant owns said Unit, without the prior written consent of the Executive Board. Declaration; f. To complete Improvements indicated on the Plat and Plans filed with this g. To exercise any Development Rights reserved in this Declaration; h. To maintain sales offices, management offices, signs advertising the Condominium and model(s); to post signs and displays in any Units or the Common Elements to promote sales of Units, and to conduct any general sales activities, in a manner consistent with the law. i. To appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. Section 5.2 - Construction, Declarant's Easement. The Declarant reserves the right to perform warranty work, and repairs and construction work and to store materials in secure areas in Units and Common Elements, and the further right to control all such work and repairs, and the right of access thereto, until its completion. All work may be performed by the Declarant without the consent or approval of the Executive Board. The Declarant has such an easement through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising Declarant Rights, whether arising under the Act or reserved in this Declaration. Section 5.3 - Declarant Control of the Association. a. Subject to Subsection 5.3 e, there shall be a period of Declarant control of the Association, during which the Declarant, or persons designated by it, may appoint and remove the officers and members of the Executive Board. The period of Declarant control shall terminate no later than the earlier of i. sixty (60) days after seventy five percent (75%) of the created Units are conveyed to Units Owners, other than a Declarant; ii. two (2) years after Declarant has ceased to offer Units for sale in the ordinary course of business; iii. two (2) years after any Development Right to add new Units is last exercised; or iv. the day the Declarant, after giving written notice to Unit Owners, records an instrument voluntarily surrendering all rights to control activities of the Association. b. A Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of that period, but in that event the Declarant may require, for the duration of the period of Declarant control, that specified actions of the Association or Executive Board as described in a recorded instrument executed by the Declarant be approved by the Declarant before they become effective. c. At least twenty five percent (25%) of the members of the Executive Board shall be elected by Unit Owners who are not declarants within sixty (60) days after twenty five percent (25%) of the created Units are conveyed to Owners other than a Declarant. A thirty three and one third percent (33 1/3rd%) of the Executive Board shall be elected by Unit Owners who are not a Declarant within sixty (60) days after fifty percent (50%) of the created Units are conveyed to Unit Owners other than Declarant. d. Except in elections pursuant to Subsection 2-120(e) of the Act, before the termination of Declarant control, the Unit Owners shall elect an Executive Board of at least three (3) members, of which a majority shall be Unit Owners. The Executive Board shall elect its officers who shall take office upon election. e. Notwithstanding any provision of the Declaration or By -Laws, the Unit Owners may remove a member of the Executive Board, except a member appointed by a Declarant, with or without cause by a two-thirds vote of all persons present and entitled to vote at a Unit Owners' meeting at which a quorum is present. Section 5.4 - Interference with Special Declarant Rights. Neither the Association nor any Unit Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior written consent of the Declarant. Section 5.5 - Transfer of Declarant's Development Rights. Declarant's reserved Development Rights may be transferred in accordance with §3-104 of the Act. Section 5.6 - Amendment to Enlarge Condominium. For so long as the Declarant owns any interest in the Property, the Declarant reserves for itself and its successors and assigns, the absolute right, which may be exercised at any time or from time to time in the Declarant's sole discretion, to develop and improve all of the Property. The location and configuration of the Buildings proposed for the Property on Exhibit C-1 may be modified by the Declarant in its sole discretion. Declarant also reserves the right, in its sole discretion, at any time or from time to time to amend this Declaration to complete the Condominium, to subject additional property to this Declaration or to withdraw portions of the Property from the Condominium. ARTICLE VI Exercise of Development Rights Declarant has heretofore created and hereby submits Unit Nos. in Building to this Condominium, together with those Limited Common -Elements appurtenant to each Unit as described in the Declaration and depicted on the Condominium Plan and further allocates to each Unit its percentage share of the Common Expenses set forth on Exhibit D hereof. ARTICLE VII Limited Common Elements Section 7.1 - Limited Common Elements. a. A "Limited Common Element" is a portion of the Common Elements allocated for the exclusive use of one or more than one, but fewer than all, of the Units- b. All fixtures or improvements designated to serve, attached to, or adjacent to a single Unit, but allocated outside the Unit's boundaries, all areas designated on Exhibit C as front and back entrances, porches, decks, shutters, doorsteps, patios, and all exterior doors and any driveway parking spaces allocated to the Unit, are Limited Common Elements allocated 7 exclusively to that Unit to which they are appurtenant. Any expense for maintenance, repair or replacement relating to the Limited Common Elements shall be treated as and paid for as part of the Common Expenses. c. The rear yard behind each Unit to the rear Property line as depicted on Exhibit C-1 is appurtenant to and for the sole use of that Unit. Flowers, shrubs and trees, may be installed by a Unit Owner, said plantings, however, may not exceed five (5) feet in height at maturity, unless otherwise approved in writing by the Executive Board; all such plantings shall be maintained at the sole expense of the Unit Owner. ARTICLE VM Common Elements Section 8.1 - Common Elements. a. The "Common Elements" include the Limited Common Elements and consist of all the Property and appurtenances thereto described in Exhibit A and depicted on Exhibit C-1, except the Units. Except as otherwise set forth herein as to the use of the Limited Common Elements, the Common Elements shall remain undivided and shall be devoted to the common use and enjoyment of all Unit Owners. No Unit Owner or any other person shall maintain any action for partition or division thereof, unless the Property has been removed from the provisions of this Declaration. b. Each Lot Owner may use the Common Elements in accordance with the purposes for which they were intended without hindering or encroaching upon the lawful rights of other Unit Owners. Use of the Common Elements shall be subject to the limitations set forth herein for use of the Limited Common Elements and to the Rules and Regulations regarding use thereof as shall be established from time to time by the Executive Board. c. The Common Elements include, without limitation: i. All easements, restrictions and other encumbrances included with the property as described in Exhibit "A" and "Exhibit `B." ii. The foundations, footings, basements slabs, bearing walls, perimeter walls, main walls, roofs, columns, girders, beams and supports. iii. Utility lines, equipment and other improvements serving the Property or serving more than one Unit. iv. All driveways, all water mains and sewer mains until accepted by the City of South Burlington, the stormwater drainage system located on the Property, including drains, catch basins, sidewalks, fences, trees, shrubs, landscaping and other site improvements located on the Property. ARTICLE IX Maintenance, Repair and Replacement Section 9.1 - Limited Common Elements_ The Owner of a Unit to which any doorstep, stoop, porch or patio is allocated shall be responsible for the removal of snow, leaves and debris therefrom. The Owner of a Unit shall also perform such maintenance to the Limited Common Elements appurtenant to his/her Unit as the Executive Board shall from time to time determine in its sole discretion. Section 9.2 - Common Elements. The Association shall maintain, repair and replace all of the Common Elements. Section 9.3 - Units. a. Each Unit Owner shall maintain, repair and replace, at his/her own expense, all portions of his/her Unit. b. In the event that a Unit Owner should fail to perform any obligation required in Section 9.3 a. hereof as may be determined by the Executive Board, then the Executive Board may provide for the performance of such neglected obligation by whatever reasonable means it may determine in its sole discretion. In case of emergency as determined by the Executive Board, it may act immediately; and in all other cases the Executive Board may act hereunder following thirty (30) days written notice to the Unit Owner. All expenses incurred by the Executive Board or the Association as a result of taking action under this section shall be chargeable to the Unit Owner as provided for under Article XVII, Section 17.3 and Article XIX, Section 19.3 hereof. Section 9.4 - Access. Any person authorized by the Executive Board shall have the right of access to all portions of the Property for the purpose of correcting any conditions threatening a Unit or the Common Elements, and for the purpose of performing installations, alterations or repairs, and for the purpose of reading, replacing utility meters and related pipes, valves, wires and equipment, provided that requests for entry are made in advance and that any entry is at a time reasonably convenient to the affected Unit Owner. In case of an emergency, no such request or notice is required and such right of entry shall be immediate, whether or not the Unit Owner is present at the time. Section 9.5 - Repairs Resulting From Negligence, Each Unit Owner shall reimburse the Association for any damages to any other Unit or to the Common Elements caused intentionally, negligently or by his/her failure to properly maintain, repair or make replacements to his/her Unit. The Association shall be responsible for damage to Units caused intentionally, negligently or by its 9 failure to maintain, repair or make replacements to the Common Elements. ARTICLE X Allocated Interests Section 10.1 - Allocated Interests. The undivided interest of the Common Elements and the Common Expense liability in the Association allocated to each Unit are set forth on Exhibit D. A Unit's Allocated Interest shall be redetermined as additional Units are made a part of the Condominium and the Declarant filing an amendment to this Declaration to add additional Units. The Unit's Allocated Interest shall be determinative of all matters under the Act, this Declaration and the By -Laws which are properly determined by reference to the respective percentages, including, but not limited to the weight of each Unit Owner's vote for Association purposes and the allocation of Common Expenses. ARTICLE XI Use, Occupancy and Covenants Section 11.1 - Use of Unit. Each Unit shall be used for residential purposes only, and not more than two (2) persons per bedroom shall reside in a Unit. No more than two (2) unrelated persons shall reside in or occupy a Unit at any point in time. No trade or business of any kind may be carried on therein, except customary home occupations and leases for residential purposes, provided such leases are for a minimum term of six (6) months, limit occupancy as stated herein, and comply with any other provisions of the Declaration, By -Laws or rules and regulations. The occupancy of each Unit is subject to and benefitted by all easements, restrictions and permits of record, as depicted on the Plans, and described in Exhibit B. Section 11.2 - Alteration of Units. A Unit Owner may make improvements or alterations to a Unit which do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Condominium. No structural improvements may be made to a Unit and no change in the appearance of the Common Elements, the exterior appearance of a Unit, or any other portion of the Condominium may be made by any Unit Owner without the prior written approval of the Executive Board. No Units may be subdivided. However, after acquiring an adjoining Unit, a Unit Owner may move or alter any intervening partitions or create apertures in it even if the partition in whole or in part is a Common Element if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Condominium. Removal of partitions or creation of apertures under these circumstances shall not alter the boundaries of the Units. Section 11.3 - State and Municipal Laws. Each Unit Owner shall comply with all 10 applicable permits, codes, laws, ordinances, rules and regulations, of the State of Vermont and the City of South Burlington affecting the use of the Units and the Common Elements. Section 11.4 - Interference with Others. No Unit shall be used or maintained in a manner which shall interfere with the comfort or convenience of occupants of other Units or contrary to the By -Laws or the rules and regulations. Section 11.5 - Parking Allocations. In addition to the parking space located within each Unit's garage, each Unit shall be entitled to the exclusive use of the parking space located in the driveway area adjacent to the Unit. Every Unit Owner shall be responsible for maintaining their respective garages in such a manner as to make the garage available for parking. Garages may not be converted to living space. Section 11.6 - Time -Sharing. A Unit may not be conveyed pursuant to a time-sharing arrangement described in Section 1-103 (3) of the Act. Section 11.7 - Promulgation of Rules and Regulations. The Executive Board may, from time to time, without consent of the members, promulgate, modify, or delete use restrictions and Rules and Regulations applicable to the Units and the Common Elements. Such Rules and Regulations and use restrictions shall be binding upon all Unit Owners and occupants until and unless overruled, canceled or modified in a regular or special meeting by the vote of the members holding a majority of the total votes in the Association. Such Rules and Regulations and use restrictions may impose stricter standards than those contained in this Section. The Association, acting through its Executive Board, shall have standing and the power to enforce such standards. Section 11.8 - Satellite Dishes. No satellite dishes or television antennae shall be installed on the exterior portion of any Building without the prior approval of the Executive Board. Section 11.9 - Li hting. Except for seasonal decorative lights, all exterior lights must be installed and used in a manner which will not unduly disturb surrounding Unit Owners and must be approved by the Executive Board. Section 11.10 - On -Site Fuel Storage. No on -site storage of gasoline, heating or other fuels shall be permitted on any part of the property, except for propane, and not more than ten (10) gallons of other fuel stored in each Unit for emergency purposes and operation of household and yard tools or equipment. Section 11.11 - Outbuildings. No structures of a temporary character, tents, shacks, barns, trailers, garages, unfinished basements, or other outbuildings shall be occupied as living quarters on the Property. Section 11.12 - Parking. No unregistered vehicle, or any boat, boat trailer, snowmobile, 11 snowmobile trailer, camper, truck (other than pick-up trucks) or recreational vehicle may be parked, stored, or maintained on any portion of the Property, including garages, as garages are to be used for the parking of motor vehicles only. The parking of motor vehicles in spaces which have not been designated for parking by the Executive Board shall be strictly prohibited. The Rules and Regulations approved by the Executive Board may establish appropriate penalties for parking violations. Section 11.13 - Rubbish, Trash and Garbage. All rubbish, trash and garbage shall be stored in containers in enclosed areas and regularly removed from the Property. There shall be no, burning of trash. Section 11.14 - Nuisance. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly or unkempt conditions within his or her Unit and Limited Common Elements. No noxious or offensive activity shall be carried on upon any Unit or the Common Elements. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way are noxious, dangerous, unsightly, or unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property, the Units or the Common Elements. Section 11.15 - Use of Motor Vehicles Restricted. No motor vehicles may be used on any portion of the Common Elements except driveways, or for authorized maintenance and emergency purposes. Section 11.16 - Occupants Bound. All provisions of the Declaration and any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Unit Owners and which provide for sanctions against Unit Owners shall also apply to all occupants of the Property. Section 11.17 - No Hazardous Use or Waste. Nothing shall be done or kept in any Unit or on the Common Elements which will increase the rate of insurance for the Property or any part thereof applicable for residential use. No Unit Owner shall permit anything to be done or kept in his or her Unit or on the Common Elements which will result in the cancellation of insurance on the Property or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste shall be committed in or on the Common Elements. No hazardous waste as defined by federal, state or municipal laws or regulations shall be kept or discharged in a Unit or the Common Elements. Section 11.18 - Animal Control. A maximum of two domestic pets, one of which may be a dog, shall be permitted within each Unit. All dogs and other domestic pets shall be in the control of the Unit Owner at all times while on the Property. Unit Owners are responsible for immediate cleanup of any waste and/or damage to Common Elements. Owners are also responsible for all impoundment costs incurred in the control of dogs or other domestic animals while on the Common Elements. In addition, Unit Owners are subject to the animal control 12 ordinances of the City of South Burlington. Section_11.19 - Signage. Except for such signs as may be posted by the Declarant for identification of the Units and for promotional or marketing purposes, no signs of any character shall be erected, posted or displayed upon, in, from or about any Unit or Common Elements by any Unit Owner without the prior written approval of the Executive Board, except that one "For Sale" and/or "For Rent" sign may be erected inside one window for each Unit. ARTICLE X1I Easements Section 12.1 - Easement for Access. Each Unit Owner is hereby granted an easement, in common with Declarant and each other Unit Owner, in all Common Elements for ingress and egress, utility service for, and support, maintenance and repair of each Unit, subject to such reasonable rules and regulations of the Association. Each Unit is hereby benefitted by and subjected to an easement for ingress and egress through all Common Elements by persons lawfully using or entitled to the same. Such easements and rights are subject to the limitations upon the use of the Limited Common Elements as otherwise set forth herein. Section 12.2 - Easement for Encroachment. To the extent that any Unit or Common Element unintentionally and non -negligently encroaches on any other Unit or Common Element, a valid easement for the encroachment exists. The easement does not relieve a Unit Owner of liability for failure to adhere to any plats and plans. Section 12.3 - Easement for Support. Each Unit and the Common Elements shall have an easement for lateral and subadjacent support from every other Unit and the Common Elements. Section 12.4 - Additional Easements. The Executive Board shall have the power (without submitting the same to the Unit Owners for approval) to authorize the appropriate officers of the Association to execute any and all instruments conveying such easements as the Executive Board may deem desirable for the benefit of the Condominium over, under, above or through any of the Common Elements for such purposes and upon such terms as the Executive Board, in its sole judgment, deems desirable; provided, however, that all such easements shall be subordinate to the liens and rights of all mortgages and deeds of trust recorded prior in time thereto unless the mortgagee or trustee shall join therein. Section 12.5 - Upkeep. Maintenance, repair and replacement of the Common Elements and of the Units shall be as provided for in this Declaration, the By -Laws and the Act. Each Unit Owner shall afford to the Association and the other Unit Owners, and to their agents or employees, access across his or her Unit reasonably necessary for those purposes. If damage is inflicted on the Common Elements or any Unit through which access is taken, the Unit Owner responsible for the damage, or the Association, if it is responsible, shall promptly repair such damage, restoring the Unit to substantially the condition which existed immediately prior to the 13 event causing the damage. ARTICLE XM Relocation of Boundaries Between Adjoining Units Section 13.1 The boundaries between adjoining Units may be relocated only in accordance with the terms and requirements of §2-112 of the Act. ARTICLE XIV Mortgagee Provisions The following provisions are for the benefit of holders of first mortgages on Units in the Property. The provisions of this Article apply to both the Declaration and to the By -Laws: Section 14.1 - Modification of Interest. Unless unanimous consent of the first mortgagees (based upon one vote for each first mortgage owned), or Owners (other than the Declarant) of the Units have been given their prior written approval, the Association shall not be entitled to: a. By act or omission, seek to abandon or terminate the Condominium Project; b. Change the pro rata interest or obligations of any individual Condominium Unit for the purpose of (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or (ii) determining the pro rata share of ownership of each Condominium Unit in the Common Elements; c. Partition or subdivide any Condominium Unit; d. By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements (the granting of easements for public utilities or for other public purposes inconsistent with the intended use of the Common Elements, by the Condominium Project shall not be deemed a transfer within the meaning of this clause); e. Use hazard insurance proceeds for losses to any Property (whether to Units or to Common Elements) for other than repair, replacement or reconstruction of such Property, except as provided by Statute in case of substantial loss to the Units and/or Common Elements of the Property. Section 14.2 - Liens. All taxes, assessments and charges which may become liens prior to the first mortgage under local law shall relate only to the individual Unit and not to the Project as a whole. 14 Section 14.3 - Priority of Rights. No provision in this Declaration nor any provision of any of the other Condominium constituent documents shall give Unit Owner, or any other party, priority over any rights of the first mortgagee of the Unit pursuant to its mortgage in the case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for losses to or taking the Units and/or Common Elements. Section 14.4 - Foreclosure of First Mortgage. Where the mortgagee of a first mortgage of record on a Unit, or the purchaser or purchasers of a Unit obtain title to the Unit as the result of foreclosure of the first mortgage, or by voluntary conveyance in lieu of foreclosure, said mortgagee shall not be liable for the share of Common Expenses or assessments by the Association pertaining to such Unit parcel or chargeable to the former Owner of such Unit which became due prior to acquisition of title by said mortgagee as the result of the foreclosure or voluntary conveyance in lieu of said foreclosure. Such unpaid share of Common Expenses or assessments shall be deemed to be Common Expenses, collectible from all of the Owners of the Condominium parcel, including such acquiror and his successors and assigns. Section 14.5 - Mortgagees Not Liable. a. Declarant and any mortgagees do not have a common promotional plan for the sale of the Units the Declarant intends to build on the Property. b. Declarant is not acting in concert with any mortgagee with respect to the design, construction, development or sale of the Units. c. Declarant and its mortgagees are not partners or joint venturers, they are not affiliates of each other within the meaning of the Act and Declarant is an independent party not acting as the agent of any mortgagee for any purpose. d. No mortgagee is responsible for any express and implied warranties on the Units. e. No mortgagee is responsible for the quality of the design or construction of the Units and other improvements and for any warranties relating to the design or construction of the Units to be built on the Property. f. No mortgagee has any control of Declarant within the meaning of the Act or over the design, construction, development or sale of the Units. ARTICLE XV Amendments to Declaration Section 15.1- General. All amendments shall be made in accordance with the Act. 15 Section 15.2 - Special Declarant Rights. Provisions in the Declaration creating Special Declarant Rights may not be amended without the consent of the Declarant. Section 15.3 - Consent of Mortgage Holders. Amendments are subject to the consent requirements of Article XV. ARTICLE XVI Termination Section 16.1 Requirements. The Condominium may be terminated only by the recorded agreement of the Unit Owners to which at least eighty percent (80%) of the votes in the Association are allocated and only in accordance with and subject to the provisions of §2-118 of the Act. ARTICLE XVH Assessment and Collection of Common Expenses Section 17.1- Definition of Common Expenses. Common Expenses shall include: a. Expenses of administration, maintenance and repair or replacement of the Common Elements; b. Expenses declared to be Common Expenses by the Documents or by the Act; c. Expenses agreed upon as Common Expenses by the Association; and d. Such reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Elements or any other real or personal property acquired or held by the Association. Section 17.2 - Apportionment of Common Expenses. Except as provided in Section 17.3, all Common Expenses shall be assessed against all Units in accordance with their percentage interest in the Common Expenses as shown on Exhibit D to this Declaration. Section 17.3 - Common Expenses Attributable to Fewer than all Units. a. Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner shall be assessed against the Unit which benefits from such service. 16 b. Any insurance premium increase attributable to a particular Unit by virtue of activities or construction of the Unit shall be assessed against that Unit. c. Assessments to pay a judgment against the Association may be made only against the Units in the Common Interest Community at the time the judgment was rendered, in proportion to their Common Expense Liabilities. d. If any Common Expense is caused by the misconduct of a Unit Owner, the Association may, after Notice and Hearing, assess that expense exclusively against his/her Unit. e. Fees, charges, late charges, fines and interest charged against a Unit Owner pursuant to the Documents and the Act are enforceable as Common Expense assessments. f. Any expense incurred by the Executive Board and/or the Association on behalf of a Unit Owner or as a result of a Unit Owners failure to perform any of the obligations under Article IX, Section 9.3 hereof is a Common Expense. Section 17.4 - Lien. The Association has a statutory lien on a Unit for any assessments levied against that Unit or fines imposed against that Unit Owner in accordance with the Act. Section 17.5 - Budget Adoption and Ratification. Within thirty (30) days after adoption of any proposed budget for the Common Interest Community, the Executive Board shall provide a summary of the budget to all the Unit Owners. Section 17.6 - Notice and Comment by Unit Owners for Non -budgeted Common Expense Assessments. If the Executive Board votes to levy a Common Expense assessment not included in the current budget, other than one enumerated in Section 17.3 of this Declaration, in an amount greater than fifteen percent (15%) of the current annual operating budget, the Executive Board shall submit such Common Expense to the Unit Owners for Notice and Comment in the same manner as a budget under Section 17.5. Section 17.7 - Certificate of Payment of Common Expense Assessments. The Association on written request shall furnish to a Unit Owner a statement in recordable form setting forth the amount of unpaid assessments against the Unit. The statement shall be furnished within ten business days after receipt of the request and is binding on the Association, the Executive Board and every Unit Owner. Section 17.8 - Monthly Payment of Common Expenses. All Common Expenses assessed under Sections 17.2 and 17.3 shall be due and payable monthly. Section 17.9 - Personal Liability of Unit Owners. The Owner of a Unit at the time a Common Expense assessment or portion thereof is due and payable is personally liable for the assessment. Personal liability for the assessment shall not pass to a successor in title to the Unit 17 unless he or she agrees to assume the obligation. ARTICLE XVM Right to Assign Future Income The Association may assign its future income, including its right to receive Common Expense assessments, only by the affirmative vote of Unit Owners of Units to which at least fifty- one percent (51 %) of the votes in the Association are allocated, at a meeting called for that purpose. ARTICLE XIX Association(s) Section 19.1- Authority. The business affairs of the Condominium shall be managed by the Association. The Association shall be governed by the By -Laws, as they may be amended from time to time. Section 19.2 - Membership. a. Each Unit shall be assigned one appurtenant and indivisible membership in the Association which may not be assigned, hypothecated, pledged or transferred in any manner except as an indivisible appurtenance to the Unit. Multiple or joint owners of a single Unit shall be treated for all purposes owning and holding the one membership appurtenant to that particular Unit. b. A membership appurtenant to a Unit shall be initiated by subjecting such Unit to the terms of this Declaration. Once a membership is initiated, liability for Common Expenses shall automatically commence. Membership in the Association shall be owned and held by each Unit Owner, including the Declarant with respect to unsold Units which have been subjected to the terms of this Declaration. c. The number of memberships in the Association shall automatically increase as additional Units are declared and subjected to this Declaration. No membership rights or liability for Common Expenses shall be allocated or attributed to a Unit until the Unit is subjected to this Declaration. d. Liability for Common Expenses shall be assessed among the members in accordance with their Allocated Interest, unless altered as hereinafter set forth in 20.5. Section 19.3 - Voting Rights. its. Initially, there shall be two classes of membership in the Association, voting memberships and non -voting memberships. A voting membership shall be any membership owned and held by Declarant as a Unit Owner. A non -voting membership shall be any membership owned and held by any Unit Owner other than Declarant. All memberships in the Association shall automatically become voting memberships: (i) sixty (60) days after the sale by Declarant of seventy-five percent (75%) of the proposed fifty-four (54) Units in the Condominium; two (2) years after the Declarant has ceased to offer Units in the Condominium for sale in the ordinary course of business; or (iii) upon Declarant amending the By -Laws to make all membership voting memberships, whichever is the first to occur. Thereafter only one class of voting membership shall exist. Notwithstanding the foregoing, non -voting memberships shall be entitled to vote on those matters, identified in the Act, upon which Unit Owners may vote during the period of Declarant control. When a membership is a voting membership, each Unit Owner, or one of the Unit Owners if record title is held by more than one person, shall be entitled to vote in any meeting of the membership. Such person shall be known as the "voting member" of a Unit and shall be designated in a writing signed by all the owners of the Unit and delivered to the Association. Section 19.4 - Executive Board. The initial Executive Board shall be three (3) in number and shall be appointed by the Declarant acting in its sole discretion and shall serve at the pleasure of the Declarant, so long as the Declarant retains control of the Association. Notwithstanding the foregoing, at least twenty-five percent (25%) of the members of the Executive Board shall be elected by Unit Owners who are not the Declarant within sixty (60) days after twenty-five percent (25%) of the total proposed Units are conveyed to Unit Owners (other than the Declarant). At least thirty-three and one third percent (33 1/3%) of the members of the Executive Board shall be elected by Unit Owners who are not the Declarant within sixty (60) days after fifty percent (50%) of the total proposed Units are conveyed to Unit Owners (other than the Declarant). Section 19.5 - Miscellaneous. In addition to any other powers and authority given the Association or its Executive Board in the By -Laws or in this Declaration: a. Common Expenses of the Association shall be borne among the Units in accordance with their Allocated Interest, except that the Executive Board may allocate expenses among the Units on a different basis if the basis is reasonably related to the benefits of the services provided. In addition, allocation of expenses to Units constructed and owned by Declarant, but not occupied, may be less than Assessments allocated to Units which have been conveyed to persons other than Declarant. b. The Executive Board may enter into a management agreement for a term not to exceed three (3) years to operate the affairs of the Association until such time as all memberships in the Association become voting memberships. At the time all memberships become voting memberships, any management agreement entered into by Declarant may be terminated by the Association without cause upon giving ninety (90) days notice. c. The Association shall maintain current copies of its Declaration, By -Laws and any Rules and Regulations concerning the Condominium, as well as its own books, records and 19 financial statements. These will be available for inspection by Unit Owners and First Mortgagees. ARTICLE XX Insurance Section 20.1 - Casualty Insurance. In order to ensure that sufficient reconstruction or repair funds, or both, will be available to the Association if and when needed, the Board of Directors shall insure Condominium facilities (which means all Buildings, Common Elements and Limited Common Elements on the Property) that are normally included in coverage, in such amounts as it shall determine, to provide not less than one hundred percent (100%) of the current replacement value (exclusive of foundations, land, excavations, and other items that are normally excluded from such insurance coverage) in the event of damage or destruction from the casualty against which such insurance is obtained. Such insurance shall protect against fire and all other hazards or perils customarily covered for similar types of condominiums and the proceeds of such insurance shall be used only for the repair, replacement and reconstruction of the Common Elements unless determined otherwise in accordance with Article =. The Executive Board may elect such endorsements and deductible provisions as are in, its judgment, consistent with good business practice and the purpose for which the insurance is bought. Policies of casualty insurance hereunder shall name the Association as the insured and the person to which payment is to be made as trustee on behalf of the Unit Owners and lienholders as their interests may appear. A policy shall provide that it may not be canceled or substantially changed, except upon at least ten (10) days' written notice to the insured. Section 20.2 - Liability Insurance. The Executive Board of the Association shall also purchase broad form comprehensive coverage in such amounts and in such forms as prudent condominium management practice suggests. A policy shall provide that it cannot be canceled or substantially changed, except upon at least ten (10) days written notice to the insured. Section 20.3 - Other Provisions. Insurance policies carried pursuant to this Section shall provide that: a. Each Unit Owner is an insured person under the policy to the extent of liability, if any, arising out of his or her interest in the Common Elements or membership in the Association. b. The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his or her household. c. No act or omission by any Unit Owner, unless acting within the scope of his or her authority on behalf of the Association, will void the policy or be a condition to recovery under the policy. 20 d. If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. Section 20.4 - Fidelity Coverage. The Association may obtain fidelity coverage against dishonest acts on the part of the Executive Board, managers, employees and volunteers responsible for handling funds belonging to or administered by the Association in such amounts and in such forms as prudent condominium management practices suggest. Any such policy shall provide that it cannot be canceled or substantially changed, except upon at least ten (10) days' written notice to the insured. Section 20.5 - Premiums. Premiums and expenses for all insurance and fidelity coverage purchased by the Association shall be Common Expenses. Where insurance premiums are increased as a result of increased risk attributable to a particular Unit, the Unit at issue shall be responsible for the increase, based upon the insurance carrier's appraisal of risk inherent to said Unit. A levy made against a Unit for an increase in premiums may be enforced in the same manner as Common Expenses Section 20.6 - Separate Insurance. No insurance purchased by the Association shall in any way prejudice the right of each Unit Owner to obtain insurance for his or her own Unit and the property therein for his or her own benefit, nor shall the insurance purchased by the Owner prejudice the Association's rights and protection under policies purchased by the Association under this Declaration. All such separate policies of insurance obtained by a Unit Owner shall contain a waiver of subrogation if available. Section 20.7 -Adjustment; Insurance Trustee. Any covered by the property policy shall be adjusted with the Association, but the proceeds for that loss are payable to any insurance trustee designated in the policy for that purpose, or otherwise to the Association, in either case to be held in trust for the Association, each Unit Owner and such Unit Owner's mortgagee, as their interests may appear. ARTICLE XXI Damage to or Destruction of Property Section 21.1 - Duty to Restore. Any portion of the Property for which insurance is required or for which insurance carried by the Association is in effect, whichever is more extensive, shall be repaired or replaced promptly by the Association unless: a. The Condominium is terminated, in which case §2-118 of the Act shall apply; b. Repair or replacement would be illegal under any state or local statute or 21 ordinance governing health or safety; or c. Eighty percent (80%) of the Unit Owners, including every Owner of a Unit or assigned Limited Common Element that will not be rebuilt, vote not to rebuild. Section 21.2 - Cost. The cost of repair or replacement in excess of insurance proceeds shall be a Common Expense. Section 21.3 - Replacement of Less Than Entire Property. a. The insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the remainder of the Common Interest Community and the balance shall be distributed to the Association. Section 21.4 - Insurance Proceeds. The Association shall hold any insurance proceeds in trust for the Association, Unit Owners and lien holders as their interests may appear. Subject to the provisions of Subsections 2 1. 1 a - c, the proceeds shall be disbursed first for the repair or restoration of the damaged Property, and the Association, Unit Owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Property has been completely repaired or restored, or the Common Interest Community is terminated. ARTICLE XXH Rights to Notice and Comment; Notice and Hearing Section 22.1- Right to Notice and Comment. Before the Executive Board amends the By -Laws or the Rules, whenever the Documents require that an action be taken after "Notice and Comment", and at any other time the Executive Board determines, the Unit Owners have the right to receive notice of the proposed action and to comment orally or in writing. Notice of the proposed action shall be given to each Unit Owner in writing and shall be delivered personally or by mail to all Unit Owners at such address as appears in the records of the Association, or published in a newsletter or similar publication which is routinely circulated to all Unit Owners. The notice shall be given not less than five (5) days before the proposed action is to be taken. The right to Notice and Comment does not entitle a Unit Owner to be heard at a formally constituted meeting. Section 22.2 - Right to Notice and Hearing. Whenever the Documents require that an action be taken after "Notice and Hearing", the following procedure shall be observed. The party proposing to take the action (e.g. the Executive Board, a committee, an officer, the manager, etc.) shall give written notice of the proposed action to all Unit Owners or occupants of Units whose interest would be significantly affected by the proposed action. The notice shall include a general 22 statement of the proposed action and the date, time and place of the hearing. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the party conducting the meeting to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the decision makers. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given. Section 22.3 - Appeals. Any person having a right to Notice and Hearing shall have the right to appeal to the Executive Board from a decision of persons other than the Executive Board by filing a written notice of appeal with the Executive Board within ten (10) days afer being notified of the decision. The Executive Board shall conduct a hearing within thirty (30) days giving the same notice and observing the same procedures as were required for the original meeting. ARTICLE XXM Condemnation If part or all of the Common Interest Community is taken by any power having the authority of eminent domain, all compensation and damages for and on account of the taking shall be payable in accordance with § 1-107 of the Act. ARTICLE XXIV Miscellaneous Section 24.1 - Captions. The captions contained in the Documents are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of the Documents nor the intent of any provision thereof. Section 24.2 - Gender. The use of the masculine gender refers to the feminine and neuter genders and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so requires. Section 24.3 - Waiver. No provision contained in the Documents is abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 24.4 - Invalidity. The invalidity of any provision of the Documents does not impair or affect in any manner the validity, enforceability or effect of the remainder, and in such event, all of the other provisions of the Documents shall continue in full force and effect. 23 Section 24.5 - Conflict. The Documents are intended to comply with the requirements of the Act. In the event of any conflict between the Documents and the provisions of the Act, the provisions of the Act shall control. In the event of any conflict between this Declaration and any other Document, this Declaration shall control. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed this day of , 2002. IN PRESENCE OF: [witness] By: STATE OF VERMONT CHITTENDEN COUNTY, SS. At HOMESTEAD DESIGN, INC. Its Duly Authorized Agent in said County and State, this day of , 2002, personally appeared , Duly Authorized Agent of HOMESTEAD DESIGN, INC., and he acknowledged the within instrument, by him subscribed, to be his free act and deed and the free act and deed of HOMESTEAD DESIGN, INC. Before me, 24 Notary Public EXHIBIT A Property Description EXHIBIT B ENCUMBRANCES EXHIBIT C Final Plat Plat entitled "Final Plat O'BRIEN HOME FARM Old Farm Road South Burlington, Vermont", Sheet 1, prepared by Krebs & Lansing Consulting Engineers, Inc., dated February 25, 2002, and recorded in Map Volume , Page of the South Burlington City Land Records. EXHIBIT C-1 Condominium Plan Plan entitled" ", Sheet C1, prepared by Krebs & Lansing Consulting Engineers, Inc., dated , 2002, last revised September 18, 2001 and recorded in Map Volume , Page of the South Burlington City Land Records. BUILDING NO. UNIT NO. EXHIBIT D Table of Interests ALLOCATED ASSIGNED VALUE INTEREST PER UNIT In the event the Declarant elects to expand the Condominium by adding Units to the Property as provided in Articles IV, V and X of this Declaration, the Allocated Interest appurtenant to each Unit of the Condominium shall be reestablished in accordance with the following formula: VU = AIV A VU = Valuation of the respective Unit to be determined by the values set forth above. The VU bears no relationship to fair market value. A = Aggregate valuation of all Units existing in the Condominium and added to the Condominium as provided in this Declaration. AIV = Allocated Interest of each respective Unit. The following chart is an example of the adjustments that might be made in Allocated Interests when Building is added to the Property. (However, the exact adjustment of Allocated Interests is not subject to calculation until the exact number of all Units to be added to the Condominium and their values are established). In the event that an addition of Units results in a calculation of Allocated Interests in accordance with the above formula which do not total 100 percent, the amount necessary to bring such total to 100 percent shall be allocated by the Board of Directors. EXHIBIT E By -Laws of STONINGTON CIRCLE OWNERS ASSOCIATION, INC. ARTICLE I Plan of Ownership Section 1.1 ApplicabilitX. These By -Laws provide for the governance of Stonington Circle (the "Condominium") located in South Burlington, Vermont, and being more particularly described in the Declaration For Stonington Circle, A Condominium (the "Declaration"). Section 1.2 Compliance. Every Unit Owner and all those entitled to occupy a Unit shall comply with these By -Laws. Section 1.3 Office. The office of the Condominium, the Association and the Executive Board shall be located at the Property or at such other place as may be designated from time to time by the Executive Board. Section 1.4 Definitions. Each capitalized term used herein without definition shall have the meanings specified in the Declaration, to which these By -Laws are attached, as it may be amended from time to time, or as provided in the Act. ARTICLE H Association Section 2.1 Composition. The Stonington Circle Owners Association, Inc. (the "Association") shall consist of all Unit Owners acting as a group. The Association shall have the responsibility for administering the Condominium, establishing the means and methods of collecting Assessments for Common Expenses, arranging for the management of the Condominium, and performing all of the other acts that may be required or permitted to be performed by the Association, by the Act, and the Declaration. Except as to those matters which the Act specifically requires to be performed by the vote of the Association, the foregoing shall be performed by the Executive Board or its designee. Section 2.2 Annual Meetin&s. An annual meeting of the Association shall be held each year at a time to be determined by the Executive Board. At such annual meeting, the Executive Board for the next year shall be elected. If, in any year, an annual meeting is not held, a special meeting may be held in lieu thereof. Section 2.3 Special Meetings. Special meetings of the members may be called at any time for the purpose of considering matters which, by the terms of the Declaration require the approval of all or some of the members, or for any other reasonable purpose. Said meetings shall be called by written notice, signed by the President or a majority of the Executive Board, or by the Unit Owners having twenty percent (20%) of the total votes in the Association. Section 2.4 Place of Meetings. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Unit Owners as may be designated by the Executive Board. Section 2.5 Notice of Meetings. a. The Secretary shall mail by prepaid United States mail or hand deliver to each Unit Owner a notice of the place, date, hour and purpose or purposes of each annual and special meeting of the Unit Owners. The notice shall be mailed or hand delivered not less than ten (10) days nor more than sixty (60) days before the date of such meeting. b. Any Unit Owner may at any time, in writing, waive notice of any meeting of the Association, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Unit Owner at any meeting of the Association without objection to the notice of the meeting shall constitute a waiver of notice by him or her of the time, place and purpose of such meeting. Section 2.6 Adjournment of Meeting. If at any meeting of the Association a quorum is not present, Unit Owners having a majority of the votes who are present at such meeting in person or by proxy may adjourn the meeting to a time not less than 48 hours after the time the original meeting was called. Section 2.7 Voting. Unit Owners shall be entitled to vote on Association matters as provided in the Declaration and the Act. Unit Owners shall have one (1) vote weighted in accordance with their undivided Allocated Interest in the Common Elements pertaining to their Unit as allocated in Exhibit D to the Declaration, and joint owners of a Unit shall vote their one (1) vote collectively through one owner identified as the "voting member" in a writing filed with the Secretary. Section 2.8 Quorum. Except as otherwise provided in the By -Laws, the presence in person or by proxy of twenty-five (25) percent or more of the votes of the Association shall constitute a quorum at all meetings of the Association. Section 2.9 Conduct of Meetings. The President shall preside over all meetings of the Association. The Secretary shall keep the minutes of the meetings and shall record in a minute book all resolutions adopted at the meetings as well as keep a record of all transactions occurring at the meetings. 2 Section 2.10 Acting Without Meeting. Any action by the Unit Owners required or permitted to be taken at any meeting may be taken without a meeting if all of the Unit Owners entitled to vote on such matters shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Unit Owners. ARTICLE III Executive Board Section 3.1 Number and Qualifications. The affairs of the Association shall be governed by an Executive Board composed of not less than three (3) persons. The initial Executive Board shall be appointed by the Declarant and shall hold office for the period of time specified in the Declaration. Except for the initial Executive Board appointed by the Declarant, all Board members shall be Unit Owners. The replacement members shall be elected to staggered terms, so that one-third of the directorships shall become vacant each year. An officer or agent of a corporate Unit Owner, or general partner of a partnership, or the beneficiary of a trust shall be deemed to be the Unit Owner for this purpose. Not more than one (1) Owner of each Unit may be a Director at one time. Section 3.2 Powers and Duties. The Executive Board shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not prohibited by the Act, including the following: a. Prepare an annual budget, in which there shall be established the Assessment for each Unit Owner for the Common Expenses of the Condominium (the "Common Expenses"). Assessments will be charged to the Owners of each Unit according to their Allocated Interest in the Common Elements. b. Make assessments against Unit Owners to defray the Common Expenses of the Condominium, establish the means and methods of collecting such Assessments from the Unit Owners including reasonable discounts, late fees, interest, penalties and other costs of the collection including attorneys' fees, and establish the period of the installment payment of the Assessment for Common Expenses. Unless otherwise determined by the Executive Board, the Assessments against each Unit Owner for each Unit Owner's proportionate share of the Common Expenses shall be payable in equal monthly installments, each such installment to be due and payable in advance on the first day of each month for such month. c. Provide for the operation, care, upkeep and maintenance of all of the Property and services of the Condominium. d. Designate, hire and dismiss the personnel necessary for the maintenance, operation, repair and replacement of the Common Elements, provide services for the Property and, where appropriate, provide for the compensation of such personnel and for the purchase of equipment, supplies and materials to be used by such personnel in the performance of their duties 3 (which supplies, equipment and materials shall be deemed part of the Property). e. Collect the Assessments against the Unit Owners, deposit the proceeds thereof in bank depositories designated by the Executive Board, and use the proceeds to carry out the administration of the Property. f. Make and amend the Rules and Regulations applicable to Unit Owners and occupants of Units. thereon. g. Open bank accounts on behalf of the Association and designate the signatories h. Make, or contract for the making of, repairs, additions and improvements to or alterations of the Common Elements, and for repairs to and restoration of the Common Elements, in accordance with these By -Laws, after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings. i. Enforce by legal means the provisions of the Declaration, these By -Laws and the Rules and Regulations and act on behalf of the Unit Owners with respect to all matters as provided for in the Declaration, By -Laws and law. j. Obtain and carry fidelity insurance and insurance against casualties and liabilities, as provided in these By -Laws, pay the premiums therefor and adjust and settle any claim thereunder. k. Pay the cost of authorized services rendered to the Association and not billed to Unit Owners of individual Units or otherwise provided for in these By -Laws. 1. Keep books with detailed accounts in chronological order of the receipts and expenditures affecting the Property, and the administration of the Association, the Common Elements and any other expenses incurred. Such books and vouchers accrediting the entries thereupon shall be available for examination by the Unit Owners, their duly authorized agents or attorneys, and the holders, insurers and grantors of first mortgages, during general business hours on working days at the time and in the manner set and announced by the Executive Board for the general knowledge of the Unit Owners. All books and records shall be kept in accordance with good accounting practices. in, Borrow money on behalf of the Association when required in connection with any one instance relating to the operation, care, upkeep and maintenance of the Association; provided, however, that the consent of at least two-thirds of the votes of Unit Owners, obtained at a meeting duly called and held for such purpose in accordance with the provisions of these By - Laws, shall be required to borrow any sum which would cause the total debt of the Association to exceed Three Thousand Dollars ($3,000.00). 4 n. Acquire, hold and dispose of Units and mortgage the same if such expenditures and hypothecations are included in the budget adopted by the Association. o. Do such other things and acts not inconsistent with the Act, the Declaration or these By -Laws which the Executive Board may be authorized to do by a resolution of the Association. Section 3.3 Managing Agent. The Executive Board may employ for the Condominium a "Managing Agent" at a compensation to be established by the Board of Directors, provided such compensation be in an amount and on terms as would be negotiated between unrelated third parties for similar projects. Any contract established by the Declarant with a "Managing Agent" or similar agreement may be terminated at the option of the Executive Board after the Declarant surrenders control of the Association on not more than ninety (90) days' notice. Section 3.4 Election and Term of Office. At each annual meeting of the Association, after transfer of control of the Association by the Declarant, the Association shall elect the Executive Board to serve for the next term. The term of office for the Executive Board shall be for one (1) year unless other terms are established by the Association at any annual meeting. The members of the Executive Board shall hold office until their respective successors shall be elected by the Association. Section 3.5 Removal or Resignation of Members of the Executive Board. At any regular or special meeting of the Unit Owners duly called, any one or more of the members of the Executive Board may be removed with or without cause by a vote of seventy-five percent (75%) of the Unit Owners entitled to vote on the matter, and a successor may then and there be elected to fill the vacancy thus created. Any member of the Executive Board whose removal has been proposed by the Unit Owners shall be given at least ten (10) days' notice of the time, place and purpose of the meeting and shall be given an opportunity to be heard at the meeting. A member of the Executive Board may resign at any time and, except for the initial Executive Board members appointed by the Declarant, shall be deemed to have resigned upon the sale of his or her Unit. Section 3.6 Organization Meeting. The first meeting of the Executive Board shall be held at such time and place as shall be fixed by the Declarant. Section 3.7 Regular Meetings. Regular meetings of the Executive Board may be held at such time and place as shall be determined from time to time by a majority of the members of the Executive Board, but such a meeting shall be held at least following each meeting of the Association without notice. Notice of regular meetings of the Executive Board shall be given to each member in the manner as from time to time determined by the Executive Board. Section 3.8 Special Meetings. Special meetings of the Executive Board may be called by the President on three (3) days' written notice to each member, given by mail, telegraph, facsimile, or hand delivery, which notice shall state the time, place and purpose of the meeting. Special meetings of the Executive Board shall be called by the President or Secretary in like manner and on like notice on the written request of any Executive Board member. ectiori 3. Waiver of Notice. y Executive Board member may at any tm—e', -in writing; waive notice of any meeting of the Executive Board, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a member of the Executive Board at any meeting of the Executive Board shall constitute a waiver of notice by him of the time, place and purpose of such meeting. If all members are present at any meeting of the Executive Board, no notice shall be required and any business may be transacted at such meeting. Section 3.10 Quorum. At all meetings of the Executive Board a majority of the members shall constitute a quorum for the transaction of business, and the votes of a majority of the members present at a meeting at which a quorum is present shall constitute the decision of the Executive Board. Section 3.11 Compensation. No member of the Executive Board shall receive any compensation from the Association for acting as such. Section 3.12 Telephone Meetings. Members of the Executive Board may attend a meeting of the Executive Board by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting hear each other. Participation in a meeting in such manner shall constitute presence in each person at such meeting for purposes of establishing a quorum and/or majority. Section 3.13 Action Without Meeting. Any action by the executive Board required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Executive Board shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Executive Board. Section 3.14 Liability of the Executive Board, Unit Owners and Association. a. The officers and members of the Executive Board 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 members of the Executive Board from and against all expenses and liabilities to others arising out of claims made against the officers or the Executive Board on account of their status as officers and members of the Executive Board unless any such contract shall have been made in bad faith or contrary to the provisions of the Act, the Declaration or these By -Laws. b. Neither the Association nor the Executive Board shall be liable for any failure of utility or other services to be obtained by the Association or paid as a Common Expense, or for injury or damage to person or property caused by the elements or by any Unit Owner 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 equipment. The Association shall not be liable to any 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. ARTICLE IV Officers Section 4.1 Designation. The principal officers of the Association shall be the President, the Vice President, the Secretary and the Treasurer, all of which shall be elected by the Executive Board. The Executive Board may appoint an assistant treasurer, an assistant secretary and such other officers as in its judgment may be necessary. The President shall be a member of the Executive Board. After the Declarant's transfer of control of the Association, all officers shall be Unit Owners. Not more than one Owner of each Unit may be an officer at one time. A person who is a member of the Board of Directors may be an officer. Section 4.2 Election of Officers. The officers of the Association shall be elected annually by the Executive Board at the organization of each new Executive Board and shall hold office at the pleasure of the Executive Board. Section 4.3 Removal of Officers. Upon the affirmative vote of a majority of the Executive Board, any officer may be removed, either with or without cause, and a successor may be elected at any regular meeting of the Executive Board or at any special meeting of the Executive Board called for such purpose. Section 4.4 President. The President shall be the chief executive officer of the Association, preside at all meetings of the Association and of the Executive Board, and have all of the general powers and duties which are incident to the office of president generally including, without limitation, the power to appoint committees from among the Unit Owners from time to time as the President may in his/her discretion decide is appropriate to assist in the conduct of the affairs of the Association. Section 4.5 Vice President. The Vice President shall take the place of the President and perform the duties of the President whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Executive Board shall appoint some other member of the Executive Board to act in the place of the President, on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Executive Board or by the President. Section 4.6 Secretary. The Secretary shall keep the minutes of all meetings of the Association and of the Executive Board; have charge of such books and papers as the Executive 7 Board may direct; maintain a register setting forth the place to which all notices to Unit Owners and others shall be delivered; and, in general, perform all the duties incident to the office of secretary. Section 4.7 Treasurer. The Treasurer shall have the responsibility for Association funds and securities and shall 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; make disbursements on behalf of the Association upon consent of the Executive Board and shall be responsible for the deposit of all monies and other valuable effects in the name of the Executive Board, the Association or the Managing Agent, in such depositories as may from time to time be designated by the Executive Board; and, in general, perform all the duties incident to the office of treasurer. Section 4.8 Execution of Documents. All agreements, contracts, deeds, leases, checks and other instruments of the Association for expenditures or obligations in excess of Five Hundred Dollars ($500.00), and all checks drawn upon reserve accounts shall be executed by any two (2) persons designated by the Executive Board. All such instruments for expenditures or obligations of Five Hundred Dollars ($500.00) or less, except from reserve accounts, may be executed by the Treasurer or any one person designated by the Executive Board. Section 4.9 Compensation of Officers. No officer who is also a member of the Executive Board shall receive any compensation from the Association for acting as such officer. Section 4.10 Bonds. The Treasurer, and such other officers as the Executive Board deem necessary, shall furnish bonds for the faithful performance of their duties, in such a manner and with such sureties, as may be fixed and required by the Executive Board. ARTICLE V Operation of Condominium Section 5.1 Determination of Common Expenses and Assessments Against Unit Owners. a. Fiscal Year. The fiscal year of the Association shall be calendar unless otherwise determined by the Executive Board. b. Preparation and Approval of Budget. i. On or before forty-five (45) days preceding the end of the fiscal year, the Executive Board 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 those parts of the Units and other properties as to which it is the responsibility of the Executive Board to maintain, repair and replace, and the cost of wages, materials, insurance premiums, services, supplies and other expenses that may be declared to be Common Expenses by the Act, the Declaration, the By -Laws 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 Unit Owners of all related services. ii. Such budget shall also include such reasonable amounts as the Executive Board considers necessary to provide working capital, a general operating reserve, and reserves for contingencies and replacements. The Executive Board shall send to each Unit Owner prior to the end of the fiscal year, a copy of the budget for the next fiscal year in a reasonably itemized form which sets forth the amount of the Common Expenses and any special assessments payable by each Unit Owner. Such budget shall constitute the basis for determining each Unit Owner's Assessment for the Common Expenses of the Association. iii. The budget shall be ratified by the Unit Owners in accordance with the terms of the Declaration and the Act. c. Assessment of Common Expenses. The total amount of the estimated funds required from Assessments for the operation of the Condominium set forth in the budget adopted by the Executive Board shall be assessed against each Unit Owner in proportion to the respective Allocated Interest of each Unit. The Assessment against each Unit shall begin on the date specified in the Declaration. d. Excess Funds. Any funds collected during any fiscal year in excess of actual expenditures for that fiscal year shall be either applied to succeeding years' expenses or refunded; pro rata, to the Unit Owners. e. Reserves. The Executive Board shall include in the budget and build up and maintain reasonable reserves for working capital, operations, contingencies and replacements as necessary to meet secondary mortgage market requirements. The proportionate interest of any Unit Owner in any replacement reserve shall be appurtenant to the Unit and shall not be separately withdrawn, assigned or transferred. If the reserve is inadequate for any reason, the Board may levy a further Assessment, payable as the Board determines necessary at any time. The Board will specifically earmark such capital reserve fund for stated capital purposes and keep special assessments in a separate bank account. The Board shall keep documentation of and treat all such funds as capital items on the Association books. f. Working Capital Fund. The Executive Board shall establish a working capital fund which shall be used for the start-up costs of the Condominium, including the purchase of cleaning and maintenance equipment, furniture and fixtures beyond that supplied by the Declarant and any initial insurance fees. Additionally, start-up costs shall include extraordinary expenditures, temporary operating deficits due to seasonal fluctuations, etc. g. Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Executive Board to prepare or adopt a budget for any fiscal year shall not constitute a waiver or Z] release in any manner of a Unit Owner's obligation to pay his or her 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 Unit Owner shall continue to pay each monthly installment at the monthly rate established for the previous fiscal year until notice of the monthly payment which is due. h. Availability of Financial Statements and Project Documents. Upon the receipt of a written request by the Association lfrom a Unit Owner or an Institutional Mortgagee, the Association shall make the most recent regularly prepared income and expense statement of the Association, the current operating budget of the Association and all project related documents, including the Declaration, By -Laws, Rules and Regulations, books and records of the Association available for inspection during regular business hours at the Association's office. Section 5.2 Payment of Common Expenses. No Unit Owner may exempt himself/herself from liability for his/her contribution toward Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his/her Unit. All accounts not paid when due, including interest and costs, and reasonable attorney's fees, shall be a lien against the Unit Owner's Unit. Prior to or at the time of any conveyance of a Unit by a Unit Owner, all liens and unpaid Assessments shall be paid in full and discharged. Section 5.3 Collection of Assessments. The Executive Board, or the Managing Agent at the request of the Executive Board, shall take prompt action to collect any Assessments for Common Expenses due from any 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 the due date shall accrue a late charge in such reasonable amount as a percentage of the overdue assessment or installment as the Executive Board shall establish from time to time. Any Unit Owner who fails to make such payment within such period shall also be assessed the costs incurred by the Association to collect such unpaid assessments. All such assessments for Common Expenses, including interest, penalties, attorney's fees and costs shall become on the date such assessments are due, a lien against the Unit so assessed, and shall also be the personal obligation of the Unit Owner at the time the Assessments become due. Section 5.4 Statements. a. Statement of Common Expenses. Within ten (10) days after a request by a Unit Owner, the Executive Board shall provide the Unit Owner with a written statement of all unpaid Assessments for Common Expenses due from the Unit Owner. The Executive Board shall not impose a charge for the preparation of such statement. b. Statement of Default. The Board of Directors will make a reasonable effort to notify any mortgagee of any Unit, upon request, of any default in the performance by the Unit Owner of any obligation pursuant to the Declaration, the By -Laws and the Rules and Regulations, which is not cured within sixty (60) days of notice to each Unit Owner of such default. 10 ARTICLE VI Miscellaneous Section 6.1 Amendments. Except as otherwise provided herein, these By -Laws may be amended by the affirmative vote of at least sixty-seven percent (67%) of the Unit Owners entitled to vote on the matter. Section 6.2 Amendments to Declaration. Amendments to the Declaration required by the Act to be recorded by the Association shall be prepared, executed, recorded and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the President of the Association. Section 6.3 Notices. All notices, demands, bills, statements or other communications shall be in writing and shall be deemed to have been duly given if delivered personally, or if sent postage prepaid: (i) if to a Unit Owner, at the address which the Unit Owner shall designate in writing and file with the Secretary or, if no such address is designated, at the address of the Unit of such Unit Owner; or (ii) if to the Association or the Executive Board, to the principal office of the Association or at such other address as shall be designated in writing to the Unit Owners pursuant to this paragraph. Section 6.4 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 By -Laws or the intent of any provisions thereof. Section 6.5 Gender. The use of the masculine gender in these By -Laws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires. The undersigned hereby certifies that as of , this is a true and accurate copy of the By -Laws of the Association adopted by resolution at the organization meeting of the Association held on Secretary 11 rr southburlington PLANNING & ZONING April 3, 2014 Re: #SP-13-68 — Stonington Circle Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent 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. Sin rel , Ray and J. Belair Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 5976 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SP_13_68_StoningtonCircle_trees_afterthefact DEPARTMENT OF PLANNING & ZONING Report updated: March 14, 2014 Application received: December 27, 2013 Stonington Circle, after the fact tree replacement SITE PLAN AMENDMENT APPLICATION #SP-13-68 Agenda #5 Meeting Date: March 18, 2014 Owner Applicant Stonington Circle Owners' Association, Inc. Same as owner(s) c/o James Caffrey 41 Stonington Circle South Burlington, VT 05403 Contact Person Property Information Rob Eno Tax Parcel Property Management Associates District PO Box 1201 Williston, VT 05495 Location Map Please note: The above aerial photo may not accurately reflect the current conditions of the lot in question. CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \S P-13_68_Sto ni ngtonC ircle_trees_afterthefact.doc PROJECT DESCRIPTION Site plan application #SP-13-68 of Stonington Circle Owners Association, Inc. for after -the -fact approval to amend a previously approved 47 unit multi -family unit development. The amendment consists of the removal of five (5) White Pine trees and replacement with six (6) Eastern White Cedar trees, Stonington Circle. COMMENTS Administrative Officer Ray Belair and Planner Temporary Assignment Lee Krohn, AICP, ("Staff') have reviewed the plans submitted on December 27, 2013 and offer the following comments. This application was continued from the February 18, 2014 meeting to allow the applicant an opportunity to revise the landscaping plan. The sole issue at hand is that the Stonington Circle Owners' Association cut down five white pine trees of unknown height that were required as a part of a prior site plan approval, and which apparently offered screening from the adjoining Wellesley Grove development. Based on concerns raised by those neighbors, Stonington Circle now proposes to plant six (6) 8 — 10 foot tall Eastern white cedar trees to replace the Eastern white pines that were cut down without prior approval with a value of $5000. We note for the record that the City Arborist has reviewed the plan and finds the proposal as submitted acceptable. In addition, Section 13.06(I) of the LDRs requires replacement of trees less than 5" caliper in size to be replaced on an "inch by inch basis" with trees of the same genus at least 2" caliper each. The challenges here are that we do not know how large the pines were before they were cut down; coniferous trees are generally measured by height, not caliper; and the proposal does not offertrees of the same genus. However, as best we know, five white pines were originally planted, and were 5'-6' tall at time of planting; proposed here are six 8'-10' tall white cedars. At best, we had a total of 30' (5 trees @ 6' tall) of trees planted originally, and now we may have 60' (6 trees @10' tall) of trees planted as replacements. So if we apply the purpose of the "inch by inch" basis in the LDRs (which in urban forestry, measuring by caliper inch typically applies only to deciduous trees) to the standard form of measurement for conifers (by height), then this application exceeds the minimum requirement for tree replacement. Further, although these new trees are not of the same genus, they are probably a better choice for the location and intended purpose. Landowner has agreed to accept the staggered planting plan as suggested by the Board at the last meeting. A revised site plan illustrating this approach has been submitted. Recommendation: Close the hearing. Respectfully submitted, Raymond Belair, Administrative Officer Stonington Circle Association c/o Property Management Associates P.O. BOX 1201 Williston, VT 05495 March 7, 2014 To Whom it May Concern, Enclosed, please find the revised tree planting plan for the Stonington Circle Association. This is with respect to Site Plan Application #SP-13-68. If you have any questions, please don't hesitate to contact me at 860-3315 or by email at pmarob@aol.com. Respectfully, R6b Eno Property Manager Limbwalker Tree Service March 5, 2014 Rob Eno Property Management Associates P.O. Box 1201 Williston, VT 05495 Re: Stonington Circle Trees Amended Plan Dear Rob, This letter is an amended form of the original I sent you dated 12/10/13. 1 have made changes to incorporate a staggered planting design of 5 eastern white cedars. I have also run this plan by the S. Burlington city arborist, Craig Lambert, and he has said it looks good to him. The area behind unit 55 where the pine trees were removed is located down a hill, has a fence on the property line, and larger trees on both the Northeast and southwest sides. The remaining pines in those locations currently provide screening between the Stonington development, and the adjacent development to the Northwest, Wellesley Grove. There is a span of 30 feet between sections that currently Have tree screening between the two developments. It is my recommendation that you install 5, 8-10' tall, eastern white cedars as a replacement for the pines that were removed. The planting will cover this 30' span. Trees should be installed at the 0, 7.5, 15, 22.5 and 30 foot marks as denoted on the attached map. Planting spots 0, 15, and 30 would be located 8 feet from and parallel with the fence, spots 7.5 and 22.5 would be located 11 feet from and parallel with the fence. This will allow them to retain more foliage towards the fence, as they grow larger, as well as allow them more of an open space between individual trees. Eastern white cedars have the potential to reach 50-60 feet in height, and spread 20-25 feet wide. They are tolerant of pruning to control the height and spread, so you can maintain them so the will not adversely affect the building. They have a medium rate of growth, meaning you can expect around 13-24" of growth per year. They will be able to retain lower needle cover better than white pines and won't grow as tall. The installed height of these plants would extend above the fence another 3 to 5 feet. When planting, installation of a soaker hose watering system and completing the project with a large mulch bed to contain the entire drip line of the new trees would be advised. Thank you again and if you have any further questions, please let me know. Sincerely yours, Michael Fallis Certified Arborist # PN-0982A I imh%nialkPr TrPP Saniira Stnninntnn rirrla Tray Plantinn , -rIIA lro // cew4fs 16t ll Curls $ ' -moor 4joec On JI �Pw 4wee on O, is, 3o' m.*fA v SS ZZ . s ' *1*1kels (HPC) r�', P vstoll (5) new 8'-10' toll Eostern White Cedors, 7.5' o. c.. Into// 3 of the trees 8' from existing fence, and 2 of the trees I1 ' from the fence os shown. -7 CR(3) ;t CR(3) CR(3) Previous location E (Full of 5 white pine (t) trees. SA T walkou ts, ° Q 49 51 55 C 334.5 On grade access n .�YYi 5 S ACES Stone t ret. wo// 0 / 5 sidewalk New D" QP /igh . See s eet L —6 for deco'' 334.0 334.0 334.0 unfinished basements) 1 ❑ Ndn �09 et;c Krebs & Lonsing Consulting Engineers, Inc. 164 Moin Street Colchester, VT 05446 (802) 878-0375 Landscaping Plan Stonington Circle South Burlington, Vermont 0' 15' M' 60' SCALE: 1 " = 30' DATE: 3/6/14 stone -land -current. dwy Shelburne, VT 05482 800-559-0422 March 5, 2014 Rob Eno Property Management Associates P.O. Box 1201 Williston, VT 05495 Re: Stonington Circle Trees Amended Plan Dear Rob, This letter is an amended form of the original I sent you dated 12/10/13. 1 have made changes to incorporate a staggered planting design of 5 eastern white cedars. I have also run this plan by the S. Burlington city arborist, Craig Lambert, and he has said it looks good to him. The area behind unit 55 where the pine trees were removed is located clown a hill, has a fence on the property line, and larger trees on both the Northeast and southwest sides. The remaining pines in those locations currently provide screening between the Stonington development, and the adjacent development to the Northwest, Wellesley Grove. There is a span of 30 feet between sections that currently have tree screening between the two developments. It is my recommendation that you install 5, 8-10' tall, eastern white cedars as a replacement for the pines that were removed. The planting will cover this 30' span. Trees should be installed at the 0, 7.5, 15, 22.5 and 30 foot marks as denoted on the attached map. Planting spots 0, 15, and 30 would be located 8 feet from and parallel with the fence, spots 7.5 and 22.5 would be located 11 feet from and parallel with the fence. This will allow them to retain more foliage towards the fence, as they grow larger, as well as allow them more of an open space between individual trees. Eastern white cedars have the potential to reach 50-60 feet in height, and spread 20-25 feet wide. They are tolerant of pruning to control the height and spread, so you can maintain them so the will not adversely affect the building. They have a medium rate of growth, meaning you can expect around 13-24" of growth per year. They will be able to retain lower needle cover better than white pines and won't grow as tall. The installed height of these plants would extend above the fence another 3 to 5 feet. When planting, installation of a soaker hose watering system and completing the project with a large mulch bed to contain the entire drip line of the new trees would be advised. Thank you again and if you have any further questions, please let me know. Sincerely yours, Michael Fallis Certified Arborist # PN•0982A I imhInialkar Tnna CPn/IrP gtr)ninntnn r.irrla Tray Plantinn 'VFI11d Install (5) new 8'-10' toll Eastern White Cedars, 7. 5' o. c.. Install -T of the trees 8' from existing fence, and 2 of the trees 11' ` from the fence as shown. PS 0) R(3) CR(3) a CR(3) Previous locotion- E (Full of 5 white pine BPC trees. O 49 wo/kouts, SAT 51 53 @)5 SAT 334.5 O -On grade access �� /,��s��;,���������...����e�,r�3`Oiii��ii • - �® �r .,yi��'' �iy�0���►�O••i��•4��0�•i�••�``40�+��,�i�Oyl�i W •�O �i0•I' •i'�i• � p�•� y0•p�p pp� • �� i� ®�� •�O.y►�5.��� • y►i�y►tii� 0�•i• V``iii• •i IsigP.�� i1�i���'=i� ri�•O�'�i'd O� �•�.i�ii'•40•i9�i0�•i!%i y' �� �i�i�i�a�a�pei r�:'',�iO�i`!i���� ��a7���0��.�i�ti,� ri'�O�Oj��I04i _ I��:�:t:�a��.•eS:�1a+�'����O:�:t�:%ti•�3:�:�:�:��:�:a�ti�.tiaa0•:i!�%�r�:%•��id►��i�sy�y,R►,iQ1�i2%�i�.ai. S 7 No'cn Owepc Krebs & Lonsing Consulting Engineers, Inc. 164 Moin Street Colchester, VT 05446 (802) 878-0375 ' y��'O Landscaping Plan Stonington Circle South Burlington, Vermont 334.0 O' 15' JO' 60' SCALE: 1" = 30' DATE: 3/6/14 stone -/ond-current. dwg 146-4 /f &4,rf $ ' 46m 4.4ee on D, is, 30'M*fbVY 1 jit4# Cti./s 1% 1 ,Holm 4tee on S ZZ . S' *&1A'eis CR 3 E o © 49 51 334.5 _PS"0) C 3) O ' SAT 5 5.3 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: February 14, 2014 SP_13_68_StoningtonCircle_trees_afterthefact Application received: December 27, 2013 Stonington Circle, after the fact tree replacement SITE PLAN AMENDMENT APPLICATION 4SP-13-68 Agenda #3 Meeting Date: February 18, 2014 Owner Applicant Stonington Circle Owners' Association, Inc. Same as owner(s) c/o James Caffrey 41 Stonington Circle South Burlington, VT 05403 KOD tno Property Management Associates PO Box 1201 Williston, VT 05495 Location Map Property Information Tax Parcel District Please note: The above aerial photo may not accurately reflect the current conditions of the lot in question. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD PROJECT DESCRIPTION 2 DEPARTMENT OF PLANNING & ZONING _\SP_13_68—Ston ingtonCi rcle—trees_afterthefact. doc Site plan application #SP-13-68 of Stonington Circle Owners Association, Inc. for after -the -fact approval to amend a previously approved 47 unit multi -family unit development. The amendment consists of the removal of five (5) White Pine trees and replacement with six (6) Eastern White Cedar trees, Stonington Circle. COMMENTS Administrative Officer Ray Belair and Planner Temporary Assignment Lee Krohn, AICP, ("Staff") have reviewed the plans submitted on December 27, 2013 and offer the following comments. The sole issue at hand is that the Stonington Circle Owners' Association cut down five white pine trees of unknown height that were required as a part of a prior site plan approval, and which apparently offered screening from the adjoining Wellesley Grove development. Based on concerns raised by those neighbors, Stonington Circle now proposes to plant six (6) 8 — 10 foot tall Eastern white cedar trees to replace the Eastern white pines that were cut down without prior approval. While not excusing in any way the actions taken here, the practical reality is that white pines were probably not the best choice to begin with for screening at this location. Although they are beautiful trees, they eventually lose their lower limbs so that even in combination with the fence, they don't necessarily provide the visual barrier desired (although perhaps the site specific topography and sight lines allowed these trees to provide desired screening). White pines are nice trees, do help to attenuate noise, and make a beautiful sound as the wind courses through the branches and needles. However, as they grow to significant height, and out in the open in a non -forested location like this, they are prone to snapping off at the top in high winds and can cause great damage to nearby structures. This simple row of white pines planted so close to these units would certainly be cause for concern among the homeowners themselves at some point in the future. For what it's worth, and it won't solve anything, but it would be interesting to learn why these trees were cut down to begin with. Although they will take some time to achieve the height and breadth of the pines that are no longer with us, the Eastern white cedars proposed here are likely a better choice than the pines. They may not grow as tall, but will have greater width and 'spread'. That said, staff do question the location of trees on the proposed planting plan. These trees will be very close to the existing fence at the time of planting, and very close together ("if not touching already", according to the landowner's arborist's proposal). This is not an approach that lends itself to long term health and vitality of these trees, and as you will see below in arborist Mike Fallis' response, he agrees with these concerns and with an alternate planting plan suggested by Staff. Sometimes 'instant gratification' is sought in matters of screening and landscaping; in other cases, mid to long term health is a more satisfactory perspective by which to solve a problem. In other cases, adjusting a planting plan can help to satisfy both short- and long-term desires or needs. Here, five (5) trees spaced further apart might do better than six (6) trees very close together; or if there is room, even better to keep six (6), but space them in a more staggered planting arrangement rather than simply lining them up as proposed, so that each tree has more room to breathe, gain sunlight, and to grow, while still providing the desired visual and auditory screening from the adjoining property. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \S P_ 13_68_Sto n i n gto n C i rc le_trees_afterth efact. doc We have attempted to contact the landowners' representative to learn of their thoughts on this alternate approach, but he is out of town. This will be the primary element to resolve in the hearing. We note for the record that the City Arborist has reviewed the plan and finds the proposal as submitted acceptable. In response to the Staff questions and the suggested, alternate planting plan described above, landowner's arborist Mike Fallis offers the following: Hi Lee, As for the tree planting at Stonington, I had been asked to come up with a plan to replace the lost screening between the two developments. Your points are valid, and a staggered approach would allow each individual tree to retain more foliage. From the perspective of the individual trees, this would make sense. You could extend the spacing to 8 feet on center as well as reducing the number of trees, making for fuller, more healthy, individuals. I do not know the specific restoration requirements of the DRB. I was told the pines that were removed were planted as part of the original permitting process, and the adjacent development wanted to restore the cover. This section seems like one large, somewhat unkempt wooded area that exists on both sides of the fence, therefore/ wasn't overly concerned with the trees growing over the fence. There would be many options for planting in this area if we were thinking more broadly and not just for privacy alone. I would be interested to hear what your thoughts are for this area. Take care, Mike Fallis Limbwalker Tree Service In addition, Section 13.06(I) of the LDRs requires replacement of trees less than 5" caliper in size to be replaced on an "inch by inch basis" with trees of the same genus at least 2" caliper each. The challenges here are that we do not know how large the pines were before they were cut down; coniferous trees are generally measured by height, not caliper; and the proposal does not offer trees of the same genus. However, as best we know, five white pines were originally planted, and were 5'-6' tall at time of planting; proposed here are six 8'-10' tall white cedars. At best, we had a total of 30' (5 trees @ 6' tall) of trees planted originally, and now we may have 60' (6 trees @10' tall) of trees planted as replacements. So if we apply the purpose of the "inch by inch" basis in the LDRs (which in urban forestry, measuring by caliper inch typically applies only to deciduous trees) to the standard form of measurement for conifers (by height), then this application exceeds the minimum requirement for tree replacement. Further, although these new trees are not of the same genus, they are probably a better choice for the location and intended purpose. There is one other issue that might as well be addressed right up front, for it often percolates implicitly in the background, or may bubble up to the surface in unexpected ways: how to handle these 'after the fact' cases, and whether some form of punitive action should be taken to address the matter at hand, and (at least in theory) to dissuade others from doing things first and then 'seeking forgiveness rather than permission'. This can sometimes take form in a suggestion to make an applicant do more work (i.e., CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \S P_13_68_Sto n i n gto nC i rcle_trees_afterth efact. d oc spend more), or develop less, or in cases like this one, plant larger trees to replace in kind the ones they cut down. This is certainly understandable. Yet here, while larger trees can sometimes be available, and certainly do cost much more to buy and transplant, they do not always actually solve the fundamental concern of replacing screening. Experience indicates that smaller but reasonably sized trees will often outpace the growth of larger trees after just a few years. If even available, and if there is even room to get the very large equipment on site to plant them, larger trees suffer more shock from transplanting, and take longer to recover. Presuming appropriate planting techniques and site conditions (soil/nutrients/moisture/light/spacing...), smaller trees tend to adapt more readily to new locations. They often follow a three year pattern of "sleep, creep, leap"; that is, upon the third year after transplanting, trees have often recovered and begin to grow rapidly again. As always, it's a delicate balance of needs and desires, short and longterm goals, and site specific conditions. The good news is that the Stonington Circle homeowners have offered (whether on their own or upon insistence of neighbors and/or Staff) to help resolve the problem they caused by cutting down the trees that had originally been planted. Now it's just a question of resolving essential details of species/size/planting plan for the replacement trees, and imposing an appropriate timeframe within which these trees must be planted. Although it's only the middle of winter right now, it's not too late to plan for an early spring planting, and let the seasonal rains help these trees get off to a good start. Recommendation: Resolve the questions noted above regarding number of trees and planting plan, impose a reasonable timeframe for planting, and close the hearing. Respectfully submitted, Raymond Belair, Administrative Officer r' southb u- rfi (..ti PLANNING & ZONING 4.12 Permit Number SP- M - a ' ! (office use only) APPLICATION FOR SITE PLAN REVIEW ❑ Administrative ZDevelopment 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 #): S��f1��ue'Fon G r'c� n1 , erg S c )66.t t\)✓!, X70C G/D C JiL-,niAriin/I �lr�P fin. 1�urtlbQu )A VT6S4C)3 $(al-i ^ Y `4a- i 1--1 -.1 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): 3. APPLICANT (Name, mailing address, phone and fax #): SC144 C3 ac 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax ft R r�.6 &s c---> Frog P-o. Sox l Zol' 1iU i l l i c n ✓T C.!;7qS E'h.o�e. �Sbo-33�s �o-K. CoS�- 33c'�3 4a. CONTACT EMAIL ADDRESS::�r�b� 5. PROJECT STREET ADDRESS: 'y� ��'�'� 6 rd e- 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): CAAtr f i8e QAc-+) rc_n t oucA` oC 4 ve KS \ L J i� n e- +rc_j_pS I _I - _ 1 'n it' _ Nr+ft "4I►1+ (_(o \ F_,:::k-4-Crn Wh'H-e C,edcc r b.Existing Us s on Property (including description and size of each separate use): mot xmv �V r r_&Ae \ Ica l Lq c. Proposed Uses on property (include description and size of each new use and existing uses to remain): SrkVWe— d. Total building square footage on property (proposed buildings and existing buildings to remain): �l e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): it f. Number of residential units (if applicable, new units and existing units to remain): y-4- g. Number of employees (existing and proposed, note office versus non -office employees): Jy h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Af ZA- Site Plan Application Form. Rev. 12-2011 8. LOT COVERAGE Total Parcel Size: NIA Sq. Ft. a. Building: Existing N p 6V y_A e- Proposed % / sq. ft. _% / sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing % / Proposed % / sq. ft. sq. ft. c. Front yard (along each street) Existing % / sq. ft. N p C�"O-e, Proposed % / sq. ft. d. Total area to be disturbed during construction (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): $ —NI A b. Landscaping: $ q , ebo -- 5X)oo c. Other site improvements (please list with cost): KI I A 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): N 11. PEAK HOURS OF OPERATION: 114, 12. PEAK DAYS OF OPERATION: 13. ESTIMATED PROJECT COMPLETION DATE: 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)1 regular size copies, one reduced copy (11" 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 submitting the site plan application in accordance with the city's fee (�//�� schedule.VtN "h/ LV 41 � ' pq� Administrative site plan applications require three3 regular size copies, one reduced co 11" () re 9 p copy ( x 17 ), and one digital (PDF-format) copy. 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. SIGNATURE '`r / < < ;),,, PRINT NAME Do not write below this line DATE OF SUBMISSION: k 2. 21 REVIEW AUTHORITY: Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: ILJ Com lete ❑ let p /// ./n Ir t11p / `Z / a 4A- / '//� inistrativ Officer bate 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 ray From: Craig Lambert Sent: Friday, February 28, 2014 1:02 PM To: ray Subject: FW: Stonington Circle - Revised Site Plan Review Ray, I met w/Rob Eno today at stonington Cir. and OK'd their proposal to install 5 Eastern White Cedars in a staggered pattern as the DRB suggested. They should be submitting updated plans shortly. Craig Lambert South Burlington City Arborist 104 Landfill Rd South Burlington, VT 05403 Ph: 802-658-7961 Fax: 802-658-7976 email: clam bert(o)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 like/, 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: PMAROB@aol.com [mailto:PMAROB@aol.com] Sent: Tuesday, February 25, 2014 10:25 AM To: Craig Lambert Subject: Re: Stonington Circle - Revised Site Plan Review Hi Craig, how about Friday at noon? Rob Eno Property Management Associates P.O. BOX 1201 Williston, VT 05495 Phone: (802)860-3315 Fax: (802)657-3303 In a message dated 2/25/2014 7:11:45 A.M. Eastern Standard Time, clam bert0sburl.com writes: Hi Rob, I'm pretty open for the rest of this week so if you have a day and time between say 8 and 3 let me know and I'll meet you there. Craig Lambert South Burlington City Arborist 104 Landfill Rd '/nstoll (6) new 8'-10' to 1 Eastern White Cedors. 6 o. c., 6' from existing fence. ence. ���CR(3) CR(3) i Previous /ocotion E (Full Of 5 while pine BPC trees. O 49 wolkau t s, � 51 � 55 334, 5 On grade access :r Krebs & Lansing Consulting Engineers. Inc. 164 Main Street Colchester, VT 05446 (802) 878-0375 Stone ret. wo// _ ewolk i 334.0 334.0 334.0 56 B 64 (unfinished basements) 0 .�, 6-1 7�CR(3) SAT DEC 2 7 2013 city of Sn. Burlington Landscaping Plan Stonington Circle South Burlington, Vermont 0' 15' JO' 60' SCALE: 1 " = 30' DATE: 12/16/13 slope -/and dwg i IMrfe Ceeos, 8' Wetlantl A Type III ft. 6'nyn -T � oals> nomrd eood / `.._ sIXD I aroc4ex lwrc Ae Y 5. I a � \\ ` Mo9 I F (y 51 5 '1{ .s•1 boswnenrsJ � � �/ 334 � • 334.E 3 a 9roee `t 33�p JO �—Existing Trees to Remoin ' pceeae ; �"- 334.D New split gp h _ R4 yry� roil /MLe T -� \ I FNL.'. yTSd 334. � "� 1 I 5 S ACES Q+p�•a�r "31N' ' sears (leg) St- o Op _ �r , RECEIVE[ _ sroe S ,I �'� I 1 1 t� 1 Q J; Q j New "w" tI 11 O \ y Ppaeb/e *� DEC 2 7 2013 xrop tam r �� v, �� J Possa/e l 334.0 334.0 3 ( 0119 (ter W rocorwr,4' 334.0 33� B C � 334.0 I 1 \ W. 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