HomeMy WebLinkAboutAgenda 08_SD-22-07_47 Cheesefactory_HickoryHillside_FP#SD-22-07
Staff Comments
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-22-07_47 Cheesefactory_HickoryHillside_FP_2022-06-
07.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: June 1, 2022
Plans received: May 13, 2022
47 CHEESEFACTORY ROAD
FINAL PLAT APPLICATION #SD-22-07
Meeting Date: June 7, 2022
Owner/Applicant
Hickory Hillside LLC
32 Main Street, Suite 302A
Chatham, NY 12534
Engineer
Lamoureux & Dickinson
14 Morse Drive
Essex Junction, VT 05452
Property Information
Tax Parcel 0360-00047
SEQ Zoning District- Natural Resource Protection
67.32 acres
Location Map
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PROJECT DESCRIPTION
Final plat application #SD-22-07 of Hickory Hillside, LLC to subdivide an approximately 67.6 acre parcel
into four lots of 65.31 acres (Lot 1), 0.69 acres (Lot 2), 0.69 acres (Lot 3), and 0.91 acres (Lot 4) for the
purpose of conserving Lot 1 and constructing a single family home on each of Lots 2, 3, and 4, and, 47
Cheesefactory Road
PERMIT HISTORY
The related sketch plan application was reviewed by the Board on April 6, 2021. Preliminary Plat
Application #SD-21-22 was approved on October 11, 2021. The project is subject to the LDR adopted
December 28, 2020.
The Project is located in the Southeast Quadrant Natural Resource Protection district. The applicant is
proposing a four lot subdivision. The preliminary plat proposed a three lot subdivision. The proposed
final plat involves establishing a fourth Conservation lot as its own lot instead of being combined with
one of the house lots. The subdivision is largely governed by LDR 9.12, which allows lots that have been
in existence since June 22, 1992 to be subdivided and developed with one or more detached single
family units subject to conditional use review if they meet certain standards, discussed below. This
property has been in existence in its current form since before June 22, 1992 therefore subdivision is
allowed.
CONTEXT
The property is located in an area exempt from Interim Zoning. The property is located in the Natural
Resource Protection district. Development within the SEQ-NRP district is permissible pursuant to a
conservation plan approved by the Development Review Board (Section 9.12A and 9.12B). No portion of
the development may be within a primary natural community or its related buffer. Such development is
subject to DRB approval of a conservation plan that balances development or land utilization and
conservation.
On an overall basis, the applicant proposes to construct three homes with a shared driveway. The
applicant is proposing that the three homes be relatively clustered together, and that the remaining
lands remain in agricultural use and be permanently conserved.
COMMENTS
Development Review Planner Marla Keene and Planning and Zoning Director Paul Conner (“Staff”) have
reviewed the plans submitted and offer the following comments. Numbered items for the Board’s
attention are in red.
A) ZONING DISTRICT STANDARDS
9.12 SEQ-NRP SUPPLEMENTAL REGULATIONS
A. Any lot that lies entirely within a SEQ-NRP sub-district is subject to the following supplemental
regulations:
(1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a
qualified land trust and shall not be developed with a residence, or
(2) Such lot may be developed with a residence or residences pursuant to a conservation plan
approved by the Development Review Board. See 9.12(B) below.
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(3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to
the Development Review Board’s approval of a conservation plan that balances development or
land utilization and conservation. Such lot may also include the following additional
development/activities:
(a) Driveways, roads, underground utility services, or other appurtenant improvements to
serve approved development or uses. Utility service components, such as transformers and
amplifiers, may be installed at ground level where such accords with standard industry
practices.
(b) Landscaping, regrading, or other similar activities necessary to the creation of a
buildable lot.
The applicant is proposing to conserve the property and restrict development to a limited portion of the
existing parcel. They have provided a draft conservation easement which provides restrictions over the
parcel. The conservation easement has a general agricultural intention, and includes a number of
exceptions, as follows.
• a farmstead complex consisting of non-residential buildings
• farm labor housing consisting of three (3) single family homes
• additional farm labor housing that can be converted to farm related uses when not in use as
housing
• additional minor structures for the purpose of non-commercial periodic camping or hunting
purposes
The full draft conservation easement is included in the packet for the Board. Staff recommends the
Board include a condition that while the conservation easement allows for additional farm labor housing
beyond the three proposed herein, no such approval is granted with this application and would instead
be the subject of an amendment should the applicant wish to pursue it at a later date and if it were ever
allowed by the LDR. Since the conservation plan will become a permanent restriction through non-
regulatory modes, Staff has no concerns about retaining a future private allowance, and considers the
conservation plan meets this criterion.
B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within
a SEQ-NRP sub-district may be improved with one or more single family detached dwelling units, subject
to conditional use review and the following supplemental standards:
(1) N/A
(2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board
may allow a subdivision of no more than three (3) lots and construction of one (1) single family
dwelling unit on each of these lots only if:
The applicant is proposing four lots but one is purely for the purpose of conservation. See
additional discussion below.
a. The DRB shall determine whether the portion of the lot in any non-NRP SEQ sub-district
is sufficient to accommodate the construction and use of at least three (3) single family
dwelling units on lots approvable in compliance with these Regulations.
No portions of the lot are outside the NRP sub-district. Staff considers this criterion met.
b. such lots shall have a minimum size of 12,000 square feet per dwelling unit, and,
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Staff considers this criterion met.
c. the location of structures, yards, and access drives have no portion within a designated
primary natural community or its related buffer, and,
This standard refers to the natural communities identified in the 2005 Arrowwood
Environmental Report, included in the packet for the Board. Staff considers this criterion met.
d. The location of structures and access drives are clustered such that no dwelling unit is
located more than one hundred (100) feet from any other structure, and,
The applicant has requested waiver of this criterion to allow homes to be located in a line,
with the homes approximately 100-feet apart in a line, placing the outermost homes more
than 250 feet apart. At preliminary plat, the Board granted waiver of this criterion because
of the applicant’s testimony that they believe this configuration is best because of ledge,
existing trees, and requirements of wastewater disposal systems. No changes affecting this
criterion have been proposed.
e. The dwelling units shall be detached single family dwellings, and,
Staff considers this criterion met.
f. Such subdivision plan shall be subject to the Development Review Board’s approval of
a conservation plan in a form acceptable to the City Attorney that permanently
encumbers the land against further land subdivision and development.
The applicant is proposing to subdivide off the lot proposed for conservation as its own lot,
Lot 1. The purpose of the lot is conservation, and the only development on it consists of
driveways, roads, underground utility services, landscaping, and regrading necessary to the
creation of a buildable lot that the Board (elements allowed on lots within the SEQ-NRP
subject to the Development Review Board’s approval of a conservation plan). The LDR clearly
allows for 3 building lots and requires a conservation plan. The LDR also actively supports the
conveyance of land to a qualified conservation entity, which most cleanly takes place as its
own lot, and so Staff considers this to be a desirable arrangement.
1. Staff recommends the Board allow this additional lot as a conservation lot in addition to the
three development lots.
9.06 SOUTHEAST QUADRANT DIMENSIONAL AND DESIGN REQUIREMENTS APPLICABLE TO ALL SUB-
DISTRICTS.
The following standards shall apply to development and improvements within the entire SEQ.
A. Height. See Article 3.07.
Article 3.07 states that the requirements of Table C-2, Dimensional Standards, apply for the
maximum number of stories and the maximum height. Waivers are not available for structures
with the SEQ zoning district.
At preliminary plat the Board found that the applicant must demonstrate building heights at the time
of application for each zoning permit.
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize opportunities for
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creating usable, contiguous open spaces between adjoining parcels
The applicant is proposing to cluster the three homes near the north end of the site. The applicant
has modified the lots slightly compared to preliminary plat due to a revised wastewater disposal
system but otherwise has retained a substantially similar conservation area, including the
provision of building envelopes. The proposed driveway on Lot 1 crosses a Class II wetland buffer.
12.02E. Standards for Wetlands Protection
(1) Consistent with the purposes of this Section, encroachment into wetlands and buffer
areas is generally discouraged.
The applicant has determined, in cooperation with Tina Heath of the VTANR Wetlands
Program, that there is an existing class II wetland in proximity to the proposed private access
road for the three development lots. The State wetlands program determined the wetland
and its 50-ft buffer are exempt from State regulation at this time due to an agricultural
exemption. However, if the applicant were to disturb the wetland for the currently proposed
project, the wetland and buffer would become jurisdictional. Therefore the applicant has
modified their plan to remove impacts to the Class II wetland in order to preserve State
exemption status.
The City’s wetland rules do not include the agricultural exemption employed by the State.
Therefore, impacts to wetland buffers are subject to the standards of 12.02E.
2. The Board at preliminary plat found that the applicant must supply the area of proposed
Class II buffer impacts at the final plat stage of review. The applicant has not supplied this
information. Staff recommends the Board require the applicant to supply this information
prior to closing the hearing.
(2) Encroachment into Class II wetlands is permitted by the City only in conjunction with
issuance of a Conditional Use Determination (CUD) by the Vermont Department of
Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3)
below.
No Class II wetland impacts are proposed.
(3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland
buffers, may be permitted by the DRB upon finding that the proposed project’s overall
development, erosion control, stormwater treatment system, provisions for stream
buffering, and landscaping plan achieve the following standards for wetland protection:
(a) The encroachment(s) will not adversely affect the ability of the property to carry
or store flood waters adequately;
(b) The encroachment(s) will not adversely affect the ability of the proposed
stormwater treatment system to reduce sedimentation according to state standards;
(c) The impact of the encroachment(s) on the specific wetland functions and values
identified in the field delineation and wetland report is minimized and/or offset by
appropriate landscaping, stormwater treatment, stream buffering, and/or other
mitigation measures.
The applicant described the functions and values of the wetland at preliminary plat, and the
Board found this criterion met. No changes to the proposed impacts have been made
therefore Staff considers no changes to the Boards previous findings to be necessary.
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(2) Building lots, streets and other structures shall be located in a manner consistent with
the Regulating Plan for the applicable sub-district allowing carefully planned development at
the average densities provided in this bylaw.
The subdivided property may only be developed with three single family dwelling units as
discussed under 9.12 above. Staff considers this criterion met.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing
management shall be established by the applicant.
See discussion under 9.12 above.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous
conditions on the subject property and adjacent properties. In making this finding, the
Development Review Board may rely on evidence that the project will be covered under the
General Permit for Construction issued by the Vermont Department of Environmental
Conservation.
The applicant has provided an erosion prevention and sediment control plan. The City
Stormwater section reviewed the provided erosion prevention and sediment control plan on
May 27, 2022 and provided the following comments.
1. Per the page 117, of the VT Standards and Specifications for Erosion Prevention and
Sediment Control Manual (VTDEC, Feb 2020), the maximum allowable slope length of
contributing runoff to a silt fence placed on the slope shown on the site plans (~8%) is
100ft. The site length exceeds 100’ and a second row of silt fence should be added closer
to the building construction activities.
2. Plans should show the limit of construction disturbance.
3. It is not clear where on the site the stone-lined swale labeled section A-A on the Stone
Check Dam detail on page 4 is to go. This detail shows rock size of 2”-6”. The typical
ditch detail shown on page 3 looks to be the one intended for the stone-lined ditch that
outlets stormwater to the south/east. This typical calls out Type 1 Stone (up to 12” rock
size). Plans should be clear about which typical detail is intended for each swale.
4. It is not clear where on the site plan the typical stone spillway detail is intended to be
placed.
5. It is not clear if the ditch on the north side of the private road is to be stone-lined or
vegetated between stone check dams.
6. Plans should include a detail for rock outlet protection for both 15” drainage outlets.
Staff recommends the Board require the applicant to address the comments of the City
Stormwater Section as conditions of approval.
(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or
primary or natural community areas and buffers in a manner that is aesthetically
compatible with the surrounding landscape. Chain link fencing other than for agricultural
purposes shall be prohibited within PUDs; the use of split rail or other fencing made of
natural materials is encouraged.
3. At preliminary plat, the Board found the applicant must include demarcation of the
undisturbed buffer area, in the form of landscaping, fencing, or boulders, at the final plat stage
of review. The applicant has provided a row of boulders spaced 25-ft on center with a
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minimum dimension of 24-inches and a minimum above-ground height of 12-inches. They
have also included a provision that a continuous split rail fence may be provided instead. Staff
recommends the Board determine whether they consider the proposed boulders to be
adequate.
C. Agriculture. The conservation of existing agricultural production values is encouraged through
development planning that supports agricultural uses (including but not limited to development
plans that create contiguous areas of agricultural use), provides buffer areas between existing
agricultural operations and new development, roads, and infrastructure, or creates new
opportunities for agricultural use (on any soil group) such as but not limited to community-
supported agriculture.
The primary use of this property will remain agricultural. Staff considers this criterion met.
D. Public Services and Facilities. In the absence of a specific finding by the Development Review
Board that an alternative location and/or provision is approved for a specific development,
the location of buildings, lots, streets and utilities shall conform with the location of planned
public facilities as depicted on the Official Map, including but not limited to recreation paths,
streets, park land, schools, and sewer and water facilities.
(1) Sufficient water supply and wastewater disposal capacity shall be available to meet the
needs of the project in conformance with applicable State and City requirement, as
evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water
and Wastewater Permit from the Department of Environmental Conservation.
The proposed development will be served by private water and wastewater systems. The
applicant has indicated they are in the process of obtaining a state Wastewater and Potable
Water Supply Permit. Staff recommends the Board require the applicant to demonstrate these
permits have been obtained prior to issuance of the first zoning permit for the project.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting
shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
No additional development may take place on this parcel, as discussed under 9.12 above,
therefore Staff considers this criterion to be not applicable.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is
consistent with City utility plans and maintenance standards, absent a specific agreement
with the applicant related to maintenance that has been approved by the City Council.
The applicant is proposing to serve three homes with a private access road. The applicant has
indicated electric lines from Cheesefactory Road will serve the proposed homes, and will be
located along the driveway serving those homes.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire
protection can be provided, with the standards for evaluation including, but not limited to,
minimum distance between structures, street width, vehicular access from two directions
where possible, looping of water lines, water flow and pressure, and number and location
of hydrants.
The Fire Chief reviewed the plans on May 25, 2022 and confirmed that because the homes will be
located greater than 150-feet from a public right of way, all homes must have a 13D compliant
sprinkler system. The applicant is reminded the applicant will need a permit for the sprinkler from
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the fire department. The Fire Chief recommends the applicant contact the fire department
regarding the sprinkler system in order to ensure a cost-effective system is installed. Staff
considers this criterion met.
D. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on adjacent roads and sufficient to create connectivity
for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles
between neighborhoods. In making this finding the Development Review Board may rely on
the findings of a traffic study submitted by the applicant, and the findings of any technical
review by City staff or consultants.
(1) Roads shall be designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent properties.
The road is designed to meet City standards.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and
maintenance standards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
Staff considers this criterion met.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
Staff considers the conservation easement precludes extension of the roadway to adjacent
properties.
3.05B. Lots with No Road Frontage
(2) The Development Review Board may approve subdivision or development of
lots with no frontage on a public street, as long as access to such a street by a permanent
easement or right-of-way at least twenty (20) feet in width is provided, according to the
following procedures:
(a) …
(b) Conditions of Approval. Any application to create a new lot with no road
frontage shall be subject to the requirements and major subdivision criteria of
Article 15 of these Regulations in addition to this section.
(i) Number of lots and/or dwelling units on a private right-of-way. The
Development Review Board shall limit the number of developable lots on a
private right-of-way to three (3) and/or the number of multi-family units to
ten (10), whichever is less, beyond which a public street shall be required
(See Article 15, Subdivision). The Development Review Board shall require a
public street if the number of developable lots is greater than three (3)
and/or the number of multi-family units is ten (10) or more, whichever is
less. The Development Review Board may also limit the length of a private
right-of-way, and may impose other conditions as may be necessary to
assure adequate emergency access to all lots and dwelling units.
(ii) The Development Review Board may require a right-of way wider than
the twenty (20) foot minimum if it is to serve more than one (1) lot.
(iii) The Development Review Board may impose conditions to insure the
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maintenance and permanency of a private right-of-way and to insure that
a right-of-way will not place a burden on municipal services.
Staff considers these criteria met for the private road serving the three homes.
15.12 Standards for Roadways, Parking and Circulation
D. Criteria for Public and Private Roadways
(3) Private Roadways allowed. The DRB may at its discretion approve a roadway or
roadways within a subdivision or PUD to be private if one or more of the following
situations applies:
(a) (b) not applicable
(c) The proposed roadway serves five (5) or fewer single-family or duplex dwellings,
an any combination of the two types of dwellings.
Staff considers this criterion met.
(4) Connections to adjacent parcels
(a) if the DRB finds that a roadway or recreation path extension or connection to
an adjacent property may or could occur in the future, whether through City action
or development of an adjacent parcel, the DRB shall require the applicant to
construct the roadway to the property line or contribute the cost of completing the
roadway connection.
Staff considers 9.12 and the conservation easement prohibit additional development on
the parcel, therefore no connection may occur.
E. Standards for Construction of Roadways
(1) all streets shall be constructed completely by the applicant.
(2) N/A
(3) All private roadways shall be built to the specifications set forth in this
section with the exception of curbing and widths. All private roadways shall be
a minimum width of twenty-six (26) feet with parking and twenty (20) feet
without parking.
Table 15-1 specifies a road width of 20 ft for private roads without parking. Figure
15-1B specifies a specific roadway cross section.
Section 15.12, discussed above, also requires private roads to be a minimum of
20-feet wide.
The Land Development Regulations contemplate an 18-foot width for wetland
crossings in certain sub-districts of the Southeast Quadrant. The NRP district is
not one of those districts, because no new roads were contemplated at the time
the regulations were developed. Because the wetland crossing is very near to
the access point on Cheesefactory Road, a narrower width could create
difficulty in making the turn and would result in an insignificant reduction in
wetland buffer impacts. The Board at preliminary plat found the road width
acceptable and found this criterion met. No changes to the road are proposed.
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9.07 SOUTHEAST QUADRANT REGULATING PLANS
A. N/A
B. General Provisions
(1) N/A
(2) All residential lots created on or after the effective date of this bylaw in any SEQ sub-district
shall confirm to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of
1:2.5 to 1:5 recommended
At preliminary plat, the lots did not meet the required minimum lot ratio. The Board allowed the
proposed ratio since the objective of this standard is to create a neighborhood feel with homes close
together and the applicant achieved this objective through other means. In addition, at preliminary
plat, the conservation lot was included with one of the house lots. The applicant has modified lots 2
and 3 such that they now provide nearer to 1:2, while Lot 4 has a lot ratio of 1:0.62 due to the irregular
shape to encompass the wastewater system. Proposed lots 2 and 3 have a width to depth ratio of
1:1.76. Staff recommends the Board allow the lots as designed.
C. – D. N/A
B) DIMENSIONAL REQUIREMENTS
The Project is located in the Southeast Quadrant - Natural Resource Protection (SEQ-NRP) district.
Dimensional standards are as follows.
SEQ-NRP Required Proposed
Lot 1
Proposed
Lot 2
Proposed
Lot 3
Proposed
Lot 4
Min. Lot Size 12,000 sf 2,845,173 30,032 30,032 39,632
Max. Building Coverage 15% 0% 5.8% 5.8% 4.5%
Max. Overall Coverage 30% 0.4% 8.9% 8.2% 5.7%
Min. Front Setback* 20 ft. N/A 25 ft. 25 ft. 25 ft.
Min. Side Setback 10 ft. N/A 10 ft. 10 ft. 10 ft.
Min. Rear Setback 30 ft. N/A 104 ft. 129 ft. 129 ft.
Building Height (pitched
roof)2
28 ft. N/A 28 ft. max. 28 ft. max. 28 ft. max.
*the private road is located on Lot 1. Front setback for Lot 1 is measured to Cheesefactory Road.
Front setbacks for lots 2 and 3 are measured to the private road.
4. The applicant has shown a building envelope on the plans to facilitate flexibility in locating the homes
other than in the location shown on the plans. The Board at preliminary plat found the homes may
be located anywhere within the building envelope. With the revised lot configuration, the applicant
has proposed to increase the size of the building envelope for Lot 2 compared to the size of the building
envelopes on Lots 3 and 4. Staff recommends the Board ask the applicant why they have proposed a
larger building envelope for Lot 2, and discuss whether it should be reduced to better support the
environmental protection goals of the zoning district. Staff notes the regulations do not require a
building envelope but without one the applicant must construct the homes as shown on the plans.
5. Staff recommends the Board include a condition that overall coverage for each building lots (Lots 2,
3, and 4) shall not exceed 30% and building coverage not exceed 15%. Staff recommends the Board
discuss an acceptable analogous maximum for the conservation lot, Lot 1.
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C) SUBDIVISION STANDARDS
All subdivisions for more than a single or two family residence in the SEQ district are required to be a PUD.
As a PUD, the applicant is requesting certain waivers, discussed under SEQ standards above.
(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project in conformance with applicable State and City requirements, as evidenced by a City water
allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the
Department of Environmental Conservation.
The proposed development will be served by private water and wastewater systems. Staff considers
this criterion met.
(2) Sufficient grading and erosion controls will be utilized during construction and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject
property and adjacent properties. In making this finding, the DRB may rely on evidence that the
project will be covered under the General Permit for Construction issued by the Vermont
Department of Environmental Conservation.
See discussion under 9.06B(4) above.
(3) The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on
the findings of a traffic study submitted by the applicant, and the findings of any technical review
by City staff or consultants.
This criterion differs slightly from the SEQ criterion pertaining to circulation in that it specifically
addresses congestion. Staff considers the proposed development of three residential units served by a
single curb cut will have no adverse impact on congestion of adjacent roads.
(4) The project’s design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site. In
making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to
wetlands and stream buffers, and may seek comment from the Natural Resources Committee with
respect to the project’s impact on natural resources.
See discussion above under 9.06B(1) Open Space Protection.
(5) The project is designed to be visually compatible with the planned development patterns in the area,
as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located.
For Transect Zone subdivisions, this standard shall apply only to the location of lot lines, streets and
street types, and natural resources identified in Article XII of these Regulations.
Staff considers the proposed development visually compatible with the low density development
patterns identified for the Natural Resource Protection district.
(6) Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
This criterion is discussed under 9.06B above.
(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that
adequate fire protection can be provided, with the standards for approval including, but not be
limited to, minimum distance between structures, street width, vehicular access from two directions
where possible, looping of water lines, water flow and pressure, and number and location of
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hydrants. All aspects of fire protection systems shall be designed and installed in accordance with
applicable codes in all areas served by municipal water. This standard shall not apply to Transect
Zone subdivisions.
See discussion under 9.06D(4) above.
(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have
been designed in a manner that is compatible with the extension of such services and infrastructure
to adjacent properties. For Transect Zone subdivisions, this standard shall only apply to the location
and type of roads, recreation paths, and sidewalks.
(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent
with City utility and roadway plans and maintenance standards, absent a specific agreement with
the applicant related to maintenance that has been approved by the City Council. For Transect Zone
subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and
sidewalks.
See discussion under 9.06D(3) above.
(10) The project is consistent with the goals and objectives of the municipal Plan for the affected
district(s).
The Project is located in the area identified in the 2016 Comprehensive Plan as subject to Objective #60
and Strategies #135 and #137, as follow.
Objective 60: Give priority to the conservation of contiguous and interconnected open
space areas within this quadrant outside of those areas [districts, zones] specifically
designated for development.
Strategy 135: Continue to work with Shelburne on strategies to create a conserved
agricultural and natural area, with appropriate public access and paths, from
Shelburne Pond and Pond Road north to the Cider Mill development, consistent with
the goals of the Open Space Strategy.
Strategy 137: Through the development review process, land conservation initiatives,
and development of Zoning Map amendments for the SEQ, work towards the addition
of supplemental conserved areas adjacent and connected to existing open space lands.
See discussion of conservation plan under SEQ-NRP supplemental regulations above. Staff considers this
criterion met.
(11) The project’s design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff
from developed land and to infiltrate rainfall into underlying soils and groundwater as close as
possible to where it hits the ground. For Transect Zone subdivisions, this standard shall apply only
to the location of natural resources identified in Article XII of these Regulations.
Staff considers the low density of the proposed development adequately protective of natural features.
The total impervious proposed does not exceed the half-acre threshold for requiring compliance with
Section 12 standards pertaining to stormwater. The applicant has provided two stormwater conveyance
systems to convey runoff from the private road. One consists of a 15-inch pipe followed by 2 ft wide
and 1 ft deep stone ditch, and the second consists of a 15-inch pipe with outfall protection. Staff
considers this criterion met.
#SD-22-07
Staff Comments
13
13 of 13
D) CONDITIONAL USE REVIEW
Pursuant to Section 9.12B of the South Burlington Land Development Regulations (development of lots
in SEQ-NRP district), the proposed use shall be reviewed as a conditional use and shall meet the
following standards of Section 14.10(E):
14.10E General Review Standards
The Development Review Board shall review the proposed conditional use for compliance with all
applicable standards as contained in these regulations. The proposed conditional use shall not result in
an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
This project will have no adverse effect upon community facilities. Staff considers this criterion met.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning district
within which the project is located, and specifically stated policies and standards of the municipal
plan.
The purpose of the zoning district is, in part, to encourage open space preservation, and well-planned
residential use. Staff considers this criterion met.
(3) Traffic on roads and highways in the vicinity.
Staff considers this project will have no adverse effect on traffic on roads and highways in the vicinity.
Staff considers this criterion met.
(4) Bylaws and ordinances then in effect.
Staff considers this criterion will be addressed when other comments in this document are addressed.
(5) Utilization of renewable energy resources.
This project will not affect renewable energy resources. Staff considers this criterion met.
RECOMMENDATION
Staff recommends that the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner
PIPE TRENCH DETAIL
NOT TO SCALE
MOUND 3" ABOVE GRADE TO
ALLOW FOR SETTLEMENT. FINISH
WITH TOPSOIL, SEED, AND MULCH
UNDISTURBED SOIL
SEE SITE PLAN FOR
PIPE SIZE AND TYPE
THROUGHLY COMPACTED
BEDDING MATERIAL
1.BEDDING MATERIAL FOR WASTEWATER LINES SHALL CONSIST OF CRUSHED STONE
WITH A MAXIMUM SIZE OF 34" (FOR WATER LINES, BEDDING SHALL BE SAND)
2.BEDDING MATERIAL SHALL NOT BE PLACED ON FROZEN GROUND.
3.TRENCH SHALL BE COMPLETELY DEWATERED PRIOR TO PLACING PIPE AND BEDDING
MATERIAL
4.MAINTAIN A MINIMUM OF 4'6" COVER ABOVE PIPE (5'6" ABOVE ALL WATER LINES OR
OTHER PIPES IN PLOWED AREAS). INSTALL 2" RIGID INSULATION IF COVER IS 3'6"-4'6",
AND USE 4" INSULATION IF COVER IS 2'6"-3'6". INSULATION TO BE 4' WIDE.
COMPACTED CLEAN
BACKFILL- NO STONES
GREATER THAN 6"
LEAKAGE AND PRESSURE TESTING NOTES
1.WASTEWATER PIPING
1.a.NEW GRAVITY AND FORCE MAIN PIPES SHALL BE PRESSURE TESTED DURING INSTALLATION
AND OBSERVED BY MMES OR THE CERTIFYING DESIGNER.
1.b.SANITARY SEWER COLLECTION PIPE TESTING SHALL COMPLY WITH VERMONT
ENVIRONMENTAL PROTECTION RULES (VT EPR) CHAPTER 1, SECTION 1-1003(o).
2.WATER PIPING
2.a.POTABLE WATER SUPPLY PIPING SHALL BE PRESSURE TESTED DURING INSTALLATION AND
OBSERVED BY MMES OR THE CERTIFYING DESIGNER.
2.b.WATER SUPPLY PIPE TESTING SHALL COMPLY WITH VT EPR CHAPTER 1, SECTION 1-1209.
D + 24"6" MINIMUM
D
6" MINIMUM
OFFSET SAW CUT IN ASPHALT
A MINIMUM OF 6" FROM
TRENCH EXCAVATION
MATCH EXISTING SUBBASE MATERIAL
AND THICKNESS OR INSTALL AS
DIRECTED BY ENGINEER
ROAD
MATCH EXISTING ASPHALT THICKNESS
LAWN
SEE NOTE 4
WARNING TAPE
CASING TO EXTEND MINIMUM
10' INTO COMPETENT BEDROCK
DRILLED BEDROCK WELL DETAIL
NOT TO SCALE
6" STEEL WELL CASING, INSTALL
MINIMUM 20'
COMPETENT BEDROCK
ELECTRICAL CONDUIT,
BURIED MINIMUM 18"
FINISHED GRADE TO SLOPE
AWAY FROM WELL CASING
ELECTRICAL WIRE
WATERTIGHT VENTED WELL
CAP
SUBMERSIBLE WELL PUMP
INSTALL MINIMUM 20'
FROM BOTTOM
DRIVE SHOE
NON-SHRINK GROUT
INSTALL PER SECTION 12.2.3
AND 12.3.14 OF THE WATER
SUPPLY RULES
WATER SERVICE LINE
SEE SITE PLAN FOR SIZING
RISER PIPE (SIZE AS REQUIRED)
TORQUE ARRESTOR
PITLESS ADAPTER
WELL CASING TO EXTEND
MINIMUM 18" ABOVE GRADE
LOW WATER LEVEL ALARM
CHECK VALVE
NOTE: THE FOLLOWING NOTES REFERENCE THE VERMONT ENVIRONMENTAL PROTECTION RULES
CHAPTER 1 WASTEWATER SYSTEM AND POTABLE WATER SUPPLY RULES, EFFECTIVE 4/12/2019 (THE RULES).
WATER SERVICE LINES AND PIPES SHALL BE PRESSURE AND LEAKAGE TESTED PER SECTION 1-1209 OF THE
RULES. WATER SYSTEMS SHALL BE DISINFECTED PER SECTION 1-1210 OF THE RULES. SEE TABLE 11-1 FOR
HORIZONTAL ISOLATION DISTANCES FROM POTENTIAL SOURCES OF CONTAMINATION TO A POTABLE
WATER SOURCE, AND WATER SERVICE PIPES/LINES.
LOT 2 PUMP STATION DESIGN
PUMP DESIGN:
-Install MYERS ME3F (0.33HP) Effluent Pump or Approved Equal
-Pump Head Available: 25.0' @ 25± GPM
-Friction Loss: 3.5'±
-Elevation Head Loss: 1'±
-Net Head at Leachfield: 20.5'±
DESIGN DOSE
-Design Dose (5 x distribution piping volume)
→ 5 x (V) → 5 x {(34" ÷ 12"/ft)2 ∏ x 140'} x 7.48 gal/ft3= 64 gallons
-Actual Dose Volume
→ 7.0" dose x 10± gal/inch = 70± gal/dose
-Doses per Day
→ 490 gpd ÷ 70 gal/dose = 7± doses per day
-Total Number of Orifices in Distribution Piping
→ 30
-Proposed Leachfield Area per Orifice must be less than 25sf/orifice
→ LA ÷ Orifice = 525s.f. ÷ 30 orifices = 17.5 sf/orifice
SEE ORIFICE FLOW CALCULATIONS FOR ADDITIONAL DETAIL
5"
4"
8"3"
56"
68"
53"
4" PVC PIPE
4" CAST IN SEAL (TYP. OF 3)
3" CARBON VENT
11
4" COUPLING
24"Ø RISER
CAST IN SEAL
FOR 1 12" PVC PIPE
1 1/2"Ø PVC PIPE
20"Ø RISER
16"Ø RISER
81.5"6"38"4.5"4.5"
26"
1500-GALLON STEP TANK
NOT TO SCALE49" FLUID LEVEL4" INLET
TEE BAFFLE
4" OUTLET TEE
BAFFLE WITH
STATE
APPROVED
FILTER
4" INVERT OUT: SEE SITE PLAN4"Ø SCH. 40 INVERT IN
SEE SITE PLAN FOR
INVERT ELEVATIONS
3" CARBON FILTER
RISER LID
WATER TIGHT
JUNCTION BOX
1 1/2" TRI-CHECK VALVE
(UNION/ CHECK VALVE / BALL
VALVE COMBINATION)
INSTALL MYERS ME3F SERIES (0.33
HP) PUMP OR APPROVED EQUAL
CAST IN SEAL FOR 1 1/2" PVC PIPE
1
4"Ø WEEP HOLE IN 90° FITTING
1 1/2"Ø SCH 80 PVC FITTINGS
11/2"Ø SDR 21 PVC FORCE MAIN
INSTALL FLOAT FOR 70 GAL. DOSE
LOT 3 PUMP STATION DESIGN
PUMP DESIGN:
-Install MYERS ME3F (0.33HP) Effluent Pump or Approved Equal
-Pump Head Available: 26' @ 23± GPM
-Friction Loss: 3.1'±
-Elevation Head Loss: -2'±
-Net Head at Leachfield: 24.9'±
DESIGN DOSE
-Design Dose (5 x distribution piping volume)
→ 5 x (V) → 5 x {(34" ÷ 12"/ft)2 ∏ x 120'} x 7.48 gal/ft3= 55 gallons
-Actual Dose Volume
→ 7.0" dose x 10± gal/inch = 70± gal/dose
-Doses per Day (4 minimum required)
→ 490 gpd ÷ 70 gal/dose = 7± doses per day
-Total Number of Orifices in Distribution Piping
→ 25
-Proposed Leachfield Area per Orifice must be less than 25sf/orifice
→ LA ÷ Orifice = 490s.f. ÷ 25 orifices = 19.6 sf/orifice
SEE ORIFICE FLOW CALCULATIONS FOR ADDITIONAL DETAIL
LOT 4 PUMP STATION DESIGN
PUMP DESIGN:
-Install MYERS ME3F (0.33HP) Effluent Pump or Approved Equal
-Pump Head Available: 26' @ 21.5± GPM
-Friction Loss: 2.4'±
-Elevation Head Loss: 2'±
-Net Head at Leachfield: 21.6'±
DESIGN DOSE
-Design Dose (5 x distribution piping volume)
→ 5 x (V) → 5 x {(34" ÷ 12"/ft)2 ∏ x 120'} x 7.48 gal/ft3= 46 gallons
-Actual Dose Volume (4 minimum required)
→ 7.0" dose x 10± gal/inch = 70± gal/dose
-Doses per Day
→ 490 gpd ÷ 70 gal/dose = 7± doses per day
-Total Number of Orifices in Distribution Piping
→ 25
-Proposed Leachfield Area per Orifice must be less than 25sf/orifice
→ LA ÷ Orifice = 490s.f. ÷ 25 orifices = 19.6 sf/orifice
SEE ORIFICE FLOW CALCULATIONS FOR ADDITIONAL DETAIL
LOT 3 & 4 SINGLE TRENCH MOUND
CROSS-SECTION
NOT TO SCALE
LOT 3 & 4 WASTEWATER TRENCH
PLAN VIEW
NOT TO SCALE
12" SOIL COVER OVER ENTIRE MOUND.
TOP 3-4" TO BE TOPSOIL; PLACE SEED,
AND MULCH
EXTEND MOUND SAND 1'
HORIZONTALLY FROM STONE
CUT VEGETATION FLUSH TO GRADE. LEAVE ROOTS IN PLACE
(IF APPLICABLE). PLOW EXISTING GRADE TO A DEPTH OF 7-8".
DO NOT DRIVE CONSTRUCTION EQUIPMENT OVER THE
PLOWED SURFACE UNTIL A MINIMUM 6" LIFT IS INSTALLED.
1.5"∅ SDR 21 PVC PIPE
FROM PUMP STATION
1.5"∅ SCH 40 PVC 90° LONG
/SWEEP ELBOW
4'0"
3
1
INSTALL MIRAFI 140N FILTER FABRIC
OR APPROVED EQUAL OVER TOP OF
STONE LEACHFIELD
1.5"Ø SCH 40 PVC SOLVENT PRIMED AND
WELDED (SEE PRESSURE DISTRIBUTION
SYSTEM DETAILS BELOW)
BOTTOM OF STONE TRENCH
LOT 2 ELEVATION: 391.5±
LOT 3 ELEVATION: 395.5±
MIN. 20" SAND REQUIRED
BELOW STONE TRENCH
MIN. 6" STONE
BELOW PIPE
125'
4'
3
4 - 11
2" WASHED CRUSHED STONE
INSTALL TWENTY-FIVE (25) TOTAL 1/8"∅
ORIFICES WITH ORIFICE SHIELDS (TYP.)
FACING DOWNWARDS 1 1/2"∅ SDR 21 PVC FORCE MAIN
PIPE FROM PUMP STATION
INSTALL FLUSHING VALVE,
SEE DETAIL, THIS SHEET
5' (TYP.)2.5' (TYP.)INSTALL 1.5"Ø SCH. 40 PVC PIPE.
SOLVENT WELD JOINTS
MIN. 12" STONE
1'9"
LOT 2 BED IN MOUND CROSS-SECTION
NOT TO SCALE
LOT 2 WASTEWATER BED PLAN VIEW
NOT TO SCALE
75'
7'
5' (TYP.)
34 - 112" WASHED CRUSHED STONE
INSTALL FIFTEEN (15) 1/8"Ø ORIFICES PER
LATERAL (THIRTY TOTAL) WITH ORIFICE
SHIELDS FACING DOWNWARD (TYP.)1 1/2"∅ SDR 21 PVC FORCE MAIN
PIPE FROM PUMP STATION
37.5'
INSTALL FLUSHING VALVE,
SEE DETAIL, THIS SHEET
3'6"1'9"
1'9"
3'6"
1'9"
MIN. 18" SAND REQUIRED
BELOW STONE TRENCH
INSTALL MIRAFI 140N FILTER
FABRIC OR APPROVED EQUAL
OVER TOP OF STONE BED
1.5"Ø SCH 40 PVC SOLVENT PRIMED AND
WELDED (SEE PRESSURE DISTRIBUTION
SYSTEM DETAILS BELOW)
34" TO 112" WASHED
CRUSHED STONE
MIN. 6" STONE
BELOW PIPE MIN. 12" STONE
BOTTOM OF STONE BED
ELEVATION: 398.5±
12" SOIL COVER OVER ENTIRE MOUND.
TOP 3-4" TO BE TOPSOIL, PLACE SEED,
AND MULCH
EXTEND MOUND SAND 1'
HORIZONTALLY FROM STONE
CUT VEGETATION FLUSH TO GRADE. LEAVE ROOTS IN PLACE
(IF APPLICABLE). PLOW EXISTING GRADE TO A DEPTH OF 7-8".
DO NOT DRIVE CONSTRUCTION EQUIPMENT OVER THE
PLOWED SURFACE UNTIL A MINIMUM 6" LIFT IS INSTALLED.
3
1
2.5' (TYP.)
FLUSHING VALVE BOX
NOT TO SCALE
PRESSURE
DISTRIBUTION
LATERAL
2-45° ELBOWS OR
90° LONG SWEEP
IPS COUPLER
WITH THREADED CAP
PVC OR FIBERGLASS VALVE BOX
WITH REMOVABLE LID
NON-WOVEN
FILTER FABRIC
ABSORPTION
BED/TRENCH
MOUND COVER
FLOW
CLEANOUT
NOT TO SCALE
NOTE:
CLEANOUTS SHALL BE INSTALLED AT A MINIMUM OF EVERY 100' AND AT EACH PIPE JUNCTION
SEWER PIPE
45° OR 22°
ELBOW FITTING
4"Ø SDR 35
PVC RISER PIPE
FINISHED GRADE
INSTALL PVC CLEANOUT ADAPTER AND
THREADED PLUG CAP WITH COILED
WIRE WRAPPED AROUND THE CAP FOR
FUTURE LOCATING PURPOSES.
INSTALL AT OR BELOW FINISHED GRADE.
STANDARD WYE FITTING
DEPTH VARIES
STATE APPROVED MOUND SAND SIEVE SPECIFICATIONS
SIEVE NUMBER
3/8
40
60
100
200
OPENING (MM)
9.5
0.42
0.24
0.149
0.074
% PASSING BY WEIGHT
85-100
25-75
0-30
0-10
0-5
SIEVE NUMBER
4
8
16
30
50
100
OPENING (MM)
4.75
2.38
1.19
0.59
0.297
0.149
% PASSING BY WEIGHT
95-100
80-100
50-80
25-60
10-30
2-10
SIEVE NUMBER
3/8
40
200
OPENING (MM)
9.5
0.42
0.074
% PASSING BY WEIGHT
85-100
30-50
0-5
REFERENCED FROM SECTION 1-921 IN THE VT EPR CHAPTER 1 WASTEWATER SYSTEM
AND POTABLE WATER SUPPLY RULES, EFFECTIVE 4/12/2019
#DATEREVISIONSNOTESSTAMP
DATE: 5/4/2022
SCALE: NTS
PROJECT #: 22-106
DRAWN BY: GWM
CHECKED BY: DAM
APPROVED BY: GWM
5/4/20224-LOT PLANNED UNITDEVELOPMENT47 CHEESEFACTORY ROADSOUTH BURLINGTON, VTHICKORY HILLSIDE, LLC
WASTEWATER
AND WATER
SUPPLY DETAILS
C-2
MOUND SYSTEM INSPECTION
1.The contractor shall notify the designer a minimum of 72
hours prior to construction. If requested, the designer
will provide the layout of the proposed wastewater
disposal trench locations and elevations.
2.The contractor shall provide the designer with a sand
sieve of the proposed mound sand.
3.The designer shall witness the following, prior to
certifying the completion of the system:
3.1.The plowed surface (entire basal area) prior to the
placement of mound sand.
3.2.The force main leakage and pressure test.
3.3.The orifice flow test. Piping must be exposed to
verify 1 psi (minimum) at each orifice.
3.4.The septic tank effluent filter, installed.
3.5.The pretreatment systems installed (if applicable)
3.6.The pump specifications (if an alternate is proposed)
and the pump, installed.
3.7.The pump station floats, and alarm panel installed.
3.8.The finished grading, seeded and mulched.
ST
ST
ST
ST
STFFE = 412.30
BFE = 402.80
FFE = 413.20
BFE = 403.70
FFE = 413.70
BFE = 404.20
E/C/T
E/C/TE/C/TE/C/TE/C
/
T
E/C
/
T
E/C/T E/C/T
TP #5
TP #7HA #1WLWLWL
WL
WBWBWB WBWB
WB
TP #8
TP #6
TP #4
TP #3
TP #1
TP #2
W WF
M
FMFMFMFM
2-1
2-2
3-2
3-1 4-2
4-1
4-3
3-3
2-3
W2
W3
W4
PROPOSED DRILLED BEDROCK WELL
PROPOSED 1"Ø PE WATER SERVICE
INSTALL PER PIPE TRENCH DETAIL
PROPOSED DRILLED
BEDROCK WELL
PROPOSED DRILLED
BEDROCK WELL
PROPOSED 1"Ø PE WATER SERVICE
INSTALL PER PIPE TRENCH DETAIL
COMPONENT 3-B1
4-BR RESIDENCE
COMPONENT 2-B1
4-BR RESIDENCE
COMPONENT 4-B1
4-BR RESIDENCE
PROPOSED 1"Ø PE WATER SERVICE
INSTALL PER PIPE TRENCH DETAIL
4"Ø SCH.40 PVC1.5"Ø SDR 21 PVC4"Ø SCH.40 PVC4"Ø SCH.
40 PVC
1.5"Ø SDR 21 PVC1.5"Ø SDR 21 PVCWELL ISOLATION
SHIELD (TYP.)
WASTEWATER
ISOLATION SHIELD (TYP.)
COMPONENT NAME (TYP.)VERMONT GRID NORTH400
398
396
394
392 393
391
389
387
397
395
393
400
402411408404
411 410406403
400
41
0
410
405 410410405 405
408 409
409
41
0
41
1
410
410
41
1410409408407406405404403
HA #2
HA #7
HA #3
HA #4
HA #5
HA #6
LOT 4
0.91± ACRES
LOT 3
0.69± ACRES
LOT 2
0.69± ACRES
LOT 1
65.31± ACRES
PROPOSED LOT LINE (TYP.)
PROPOSED EASEMENT AREA
FOR WASTEWATER SYSTEM
PROPOSED EASEMENT AREA
FOR WASTEWATER SYSTEM
BASAL AREA (TYP.)#DATEREVISIONSNOTESSTAMP
DATE: 5/4/2022
SCALE: 1" = 30'
PROJECT #: 22-106
DRAWN BY: GWM
CHECKED BY: DAM
APPROVED BY: GWM
BUILDING
CONTOUR - MAJOR
CONTOUR - MINOR
CONTOUR - PROPOSED
DRAIN PIPE
FENCE
GUARD RAIL
LIMIT OF DISTURBANCE
OVERHEAD UTILITIES
PROPERTY LINE
RIVER/STREAM/WATER
ROAD
SILT FENCE
SEPTIC PIPE
STONE WALL
TOP OF BANK
TREE LINE
UNDERGROUND UTILITY
WETLAND BOUNDARY
WETLAND BUFFER (50')
WATERLINE
BENCHMARK
CATCH BASIN
CLEANOUT
DRAIN MANHOLE
HYDRANT
IRON PIN
LIGHT
MONITORING WELL
PERCOLATION TEST
SEWER MANHOLE
SOIL BORING
TEST PIT
UTILITY POLE
WATER SHUT OFF
WELL
UGU
WL
OHU
LEGEND
W
WB
HICKORY HILLSIDE, LLC
WASTEWATER
AND WATER SUPPLY
SITE PLAN
C-1
LOT 2 - MOUND SYSTEM BASIS OF DESIGN
1.Limiting Condition: Limiting Soil Layer @ 18"
2.Wastewater Flows (Q): 490 gpd (See Section 1-803*)
→ 3 Bedrooms @ 140 gpd/br + 1 Bedroom @ 70 gpd/br
3.Required Septic Tank Size: 1,000 (See Section 1-908*)
4.Application Rate (AR): AR = 1.0 gpd/sf (See Section 1-911*)
5.Required Leachfield Area (RLA): RLA = Q ÷ AR
→ 490 gpd ÷1 gpd/sf = 490 sf
6.Basal Area Application Rate (BAAR): 0.24 (See Section 1-921(i)*)
7.Required Basal Area (RBA): RBA = DF ÷ BAAR
→ 490 gpd ÷ 0.24 gpd/sf = 2042 sf
8.Linear Loading Rate (LLR): LLR = h x f (See Section 1-927*)
→ f = 6.5 for Clay Loam on 15-20% slopes
→ (18"-6")/12' x 6.5 gpd/sf = 6.5 gpd/LF
9.System Length Minimum (SL): SL = Q ÷ LLR
→ 490gpd / 6.5 gpd = 75.4'
10.Proposed Leachfield Area (PLA): PLA = L x W x Trenches
→ 75' x 7' = 525 sf
11.Proposed Basal Area (PBA): L x W
→ 75' x 29.5' = 2213 sf
12.Proposed Sand Depth: 18"
* Design standards referenced are from the Vermont Environmental
Protection Agency Chapter 1 Wastewater System and Potable Water
Supply Rules, effective April 12, 2019.
LOT 4 - MOUND SYSTEM BASIS OF DESIGN
1.Limiting Condition: Limiting Soil Layer @ 16" (min. auger depth)
2.Wastewater Flows (Q): 490 gpd (See Section 1-803*)
→ 3 Bedrooms @ 140 gpd/br + 1 Bedroom @ 70 gpd/br
3.Required Septic Tank Size: 1,000 (See Section 1-908*)
4.Application Rate (AR): AR = 1.0 gpd/sf (See Section 1-911*)
5.Required Leachfield Area (RLA): RLA = Q ÷ AR
→ 490 gpd ÷1 gpd/sf = 490 sf
6.Basal Area Application Rate (BAAR): 0.24 (See Section 1-921(i)*)
7.Required Basal Area (RBA): RBA = DF ÷ BAAR
→ 490 gpd ÷ 0.24 gpd/sf = 2042 sf
8.Linear Loading Rate (LLR): LLR = h x f (See Section 1-927*)
→ f = 6.5 for Clay Loam on 10-15% slopes
→ (16"-6")/12' x 4.7 gpd/sf = 3.92 gpd/LF
9.System Length Minimum (SL): SL = Q ÷ LLR
→ 490gpd / 3.92 gpd = 125'
10.Proposed Leachfield Area (PLA): PLA = L x W x Trenches
→ 125' x 4' = 500 sf
11.Proposed Basal Area (PBA): L x W
→ 125' x 16.5' = 2062 sf
12.Proposed Sand Depth: 20"
* Design standards referenced are from the Vermont Environmental
Protection Agency Chapter 1 Wastewater System and Potable Water
Supply Rules, effective April 12, 2019.
PROJECT NOTES
1. TOPOGRAPHIC INFORMATION ON THIS SITE PLAN IS BASED ON INFORMATION PROVIDED BY LAMOUREUX &
DICKINSON (L&D) CONSULTING ENGINEERS OF ESSEX, VT. REFERENCE L&D PLANS FOR HORIZONTAL GRID AND VERTICAL
DATUM.
2.THIS IS NOT A LICENSED BOUNDARY SURVEY. PROPERTY LINES SHOWN ARE BASED ON INFORMATION PROVIDED BY L&D.
3.THESE PLANS ARE DEVELOPED FOR WATER SUPPLY AND WASTEWATER PERMITTING AND CONSTRUCTION PURPOSES
ONLY. SEE CIVIL DESIGN PLANS BY L&D FOR ALL OTHER INFORMATION.
4.TEST PIT DATA WAS PROVIDED BY THE CLIENT AND WAS LOGGED BY LINCOLN APPLIED GEOLOGY OF LINCOLN, VT ON
JANUARY 31, 2019. SUPPLEMENTAL HAND AUGER DATA WAS PERFORMED BY MURRAY AND MASTERSON ENVIRONMENTAL
SERVICES, LLC ON 5/2/2022.
GENERAL NOTES
1. THE OWNER/CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTING THE SYSTEM AS PER THE "APPROVED" PLANS. ANY
DEVIATIONS FROM THE "APPROVED" PLANS MUST BE REPORTED TO AND AUTHORIZED BY MURRAY AND MASTERSON
ENVIRONMENTAL SERVICES (MMES).
2.ALL ELEVATIONS AND DIMENSIONS SHALL BE VERIFIED BY THE CONTRACTOR PRIOR TO CONSTRUCTION. ANY
DISCREPANCY IN ELEVATIONS OR DIMENSIONS SHOWN ON THE PLANS SHALL BE IMMEDIATELY REPORTED TO MMES.
3.THE OWNER/CONTRACTOR IS RESPONSIBLE FOR COORDINATING WITH MMES THE SCHEDULE OF CONSTRUCTION
INSPECTIONS AND CERTIFICATIONS IN ACCORDANCE WITH THE "APPROVED" PLANS AND STATE PERMIT REQUIREMENTS.
4.ALL EXISTING UTILITIES SHOWN ON THIS PLAN ARE SHOWN APPROXIMATELY AND SHOULD BE VERIFIED BY THE
CONTRACTOR PRIOR TO EXCAVATION AND CONSTRUCTION. THE CONTRACTOR IS TO BE AWARE OF UTILITIES NOT
SHOWN THAT MAY EXIST. NO ATTEMPT HAS BEEN MADE TO LOCATE UNDERGROUND UTILITIES.
5.THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING DIG SAFE (811 OR 1-888-344-7233) PRIOR TO CONSTRUCTION.
6.ALL EXCAVATION WORK SHALL BE PERFORMED IN GENERAL ACCORDANCE WITH THE APPLICABLE STATE OF VERMONT
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (VOSHA) GUIDELINES.
7.ALL EQUIPMENT MUST BE INSTALLED ACCORDING TO MANUFACTURER'S SPECIFICATIONS UNLESS OTHERWISE DIRECTED
BY MMES.
8.THE WASTEWATER DISPOSAL SYSTEM SHALL BE CONSTRUCTED TO CONFORM TO THE STANDARDS SET FORTH IN THE
STATE OF VERMONT ENVIRONMENTAL PROTECTION RULES CHAPTER 1 - WASTEWATER SYSTEM AND POTABLE WATER SUPPLY
RULES (EFFECTIVE APRIL 12, 2019).
9. THE POTABLE WATER SYSTEM SHALL BE CONSTRUCTED TO CONFORM TO THE STANDARDS SET FORTH IN STATE OF
VERMONT ENVIRONMENTAL PROTECTION RULES CHAPTER 21, WATER SUPPLY RULE (EFFECTIVE APRIL 12, 2019).
10.A CONSTRUCTION STORMWATER DISCHARGE PERMIT SHALL BE OBTAINED FOR A CONSTRUCTION ACTIVITY RESULTING
IN LAND DISTURBANCE GREATER THAN OR EQUAL TO 1 ACRE. IMPERVIOUS SURFACES TOTALING MORE THAN 1 ACRE MAY
REQUIRE A STORMWATER GENERAL PERMIT 3-9050. AT A MINIMUM, MMES RECOMMENDS ANY EARTH WORK DISTURBANCE
ADHERE TO THE EROSION PREVENTION AND SEDIMENT CONTROL STANDARDS ESTABLISHED IN THE VERMONT DEPT. OF
ENVIRONMENTAL CONSERVATION'S 'LOW RISK SITE HANDBOOK FOR EROSION PREVENTION AND SEDIMENT CONTROL'
(FEBRUARY 2020).
11.MMES IS NOT RESPONSIBLE FOR THE CONFORMANCE OF THIS PLAN OR ANY ATTACHED DOCUMENTS TO LOCAL AND/OR
TOWN ZONING REGULATIONS. THE PROPERTY LINES, EASEMENTS, AND OTHER REAL ESTATE PROPERTY DESCRIPTIONS
PROVIDED IN THE PERMIT APPLICATIONS ARE FOR VT ANR PERMITTING PURPOSES ONLY. THEY DO NOT DEFINE LEGAL RIGHTS
OR MEET LEGAL REQUIREMENTS FOR A LAND SURVEY AS DESCRIBED IN 26 V.S.A. S-2502(4), AND SHALL NOT BE USED IN LIEU OF
A SURVEY AS THE BASIS FOR ANY LAND TRANSFER OR ESTABLISHMENT OF ANY PROPERTY RIGHT.
12.ANY ALTERATIONS OF THESE PLANS OR SPECIFICATIONS WITHOUT AUTHORIZATION BY MMES SHALL RENDER THESE
DOCUMENTS NULL AND VOID.
13.MMES IS NOT RESPONSIBLE FOR ANY ACTIONS BY THE OWNER OUTSIDE OF THE PERMITS OR THE PERMIT CONDITIONS
OBTAINED FOR THIS PROJECT.
14.MMES ASSUMES NO RESPONSIBILITY FOR PROPER OPERATION AND MAINTENANCE OF THE WASTEWATER DISPOSAL SYSTEM
OR WATER SYSTEM.
LOT 3 - MOUND SYSTEM BASIS OF DESIGN
1.Limiting Condition: Limiting Soil Layer @ 16"
2.Wastewater Flows (Q): 490 gpd (See Section 1-803*)
→ 3 Bedrooms @ 140 gpd/br + 1 Bedroom @ 70 gpd/br
3.Required Septic Tank Size: 1,000 (See Section 1-908*)
4.Application Rate (AR): AR = 1.0 gpd/sf (See Section 1-911*)
5.Required Leachfield Area (RLA): RLA = Q ÷ AR
→ 490 gpd ÷1 gpd/sf = 490 sf
6.Basal Area Application Rate (BAAR): 0.24 (See Section 1-921(i)*)
7.Required Basal Area (RBA): RBA = DF ÷ BAAR
→ 490 gpd ÷ 0.24 gpd/sf = 2042 sf
8.Linear Loading Rate (LLR): LLR = h x f (See Section 1-927*)
→ f = 6.5 for Clay Loam on 10-15% slopes
→ (16"-6")/12' x 4.7 gpd/sf = 3.92 gpd/LF
9.System Length Minimum (SL): SL = Q ÷ LLR
→ 490gpd / 3.92 gpd = 125'
10.Proposed Leachfield Area (PLA): PLA = L x W x Trenches
→ 125' x 4' = 500 sf
11.Proposed Basal Area (PBA): L x W
→ 125' x 16.5' = 2062 sf
12.Proposed Sand Depth: 20"
* Design standards referenced are from the Vermont Environmental
Protection Agency Chapter 1 Wastewater System and Potable Water
Supply Rules, effective April 12, 2019.
1,500 GAL. CONCRETE STEP TANK
1,000 GAL. SEPTIC CHAMBER
4"Ø SCH. 40 PVC INVERT IN: 402.5±
4"Ø SCH. 40 PVC INVERT OUT: 402.25±
WASTEWATER COMPONENTS
1,500 GAL CONCRETE STEP TANK
500 GAL. PUMP CHAMBER
1.5"Ø SDR 21 PVC INVERT OUT: 400.0±
4-BR MOUND SYSTEM (7'x75')
BOTTOM OF STONE ELEV: 398.5±
1,500 GAL. CONCRETE STEP TANK
1,000 GAL. SEPTIC CHAMBER
4"Ø SCH. 40 PVC INVERT IN: 398.5±
4"Ø SCH. 40 PVC INVERT OUT: 398.25±
2-1
1,500 GAL CONCRETE STEP TANK
500 GAL. PUMP CHAMBER
1.5"Ø SDR 21 PVC INVERT OUT: 396.0±
2-2
4-BR MOUND SYSTEM (4'x125')
BOTTOM OF STONE ELEV: 391.5±
2-3
1,500 GAL. CONCRETE STEP TANK
1,000 GAL. SEPTIC CHAMBER
4"Ø SCH. 40 PVC INVERT IN: 398.0 ±
4"Ø SCH. 40 PVC INVERT OUT: 397.75±
3-1
1,500 GAL CONCRETE STEP TANK
500 GAL. PUMP CHAMBER
1.5"Ø SDR 21 PVC INVERT OUT: 395.5±
3-2
4-BR MOUND SYSTEM (4'x125')
BOTTOM OF STONE ELEV: 395.5±
3-3
GRAPHIC SCALE 1 INCH = 30 FEET
150 3030 60157.522.5
TEST PIT LOG
Test pits were performed on 1/31/19 by Lincoln Applied Geology.
TEST PIT #1
0-8" - Dry, Dk. Brown (10YR 3/3), TOPSOIL; Loose, Moderate Blocky
8-16" - Dry, Brown (7.5Y 5/3), FINE SANDY LOAM; Loose to Friable,
Moderate Blocky
16-53" - Moist, Brown (7.5Y 4/3), CLAY LOAM; Friable to Firm, Blocky
ESHGW @ 16"
No Refusal to Depth
TEST PIT #2
0-7" - Dry, Dk. Brown (10YR 3/3), TOPSOIL; Loose, Moderate Blocky
7-15" - Dry, Brown (7.5Y 5/3), FINE SANDY LOAM; Loose to Friable,
Moderate Blocky
15-48" - Moist, Brown (7.5Y 4/3), CLAY LOAM; Friable to Firm, Blocky
ESHGW @ 15"
No Refusal to Depth
TEST PIT #3
0-8" - Dry, Dk. Brown (10YR 3/3), TOPSOIL; Loose, Moderate Blocky
8-17" - Dry, Brown (7.5Y 5/3), FINE SANDY LOAM; Loose to Friable,
Moderate Blocky
17-49" - Moist, Brown (7.5Y 4/3), CLAY LOAM; Friable to Firm, Blocky
ESHGW @ 17"
No Refusal to Depth
TEST PIT #4
0-10" - Dry, Dk. Brown (10YR 3/3), TOPSOIL; Loose, Moderate Blocky
10-18" - Dry, Brown (7.5Y 5/3), FINE SANDY LOAM; Loose to Friable,
Moderate Blocky
18-51" - Moist, Brown (7.5Y 4/3), CLAY LOAM; Friable to Firm, Blocky
ESHGW @ 18"
No Refusal to Depth
TEST PIT #5
0-8" - Dry, Dk. Brown (10YR 3/3), TOPSOIL; Loose, Moderate Blocky
8-16" - Dry, Brown (7.5Y 5/3), FINE SANDY LOAM; Loose to Friable,
Moderate Blocky
16-48" - Moist, Brown (7.5Y 4/3), CLAY LOAM; Friable to Firm, Blocky
ESHGW @ 16"
No Refusal to Depth
TEST PIT #6
0-11" - Dry, Dk. Brown (10YR 3/3), TOPSOIL; Loose, Moderate Blocky
11-19" - Dry, Brown (7.5Y 5/3), FINE SANDY LOAM; Loose to Friable,
Moderate Blocky
19-54" - Moist, Brown (7.5Y 4/3), CLAY LOAM; Friable to Firm, Blocky
ESHGW @ 19"
No Refusal to Depth
TEST PIT #7
0-9" - Dry, Dk. Brown (10YR 3/3), TOPSOIL; Loose, Moderate Blocky
9-16" - Dry, Brown (7.5Y 5/3), FINE SANDY LOAM; Loose to Friable,
Moderate Blocky
16-48" - Moist, Brown (7.5Y 4/3), CLAY LOAM; Friable to Firm, Blocky
ESHGW @ 16"
No Refusal to Depth
TEST PIT #8
0-12" - Dry, Dk. Brown (10YR 3/3), TOPSOIL; Loose, Moderate Blocky
12-20" - Dry, Brown (7.5Y 5/3), FINE SANDY LOAM; Loose to Friable,
Moderate Blocky
20-53" - Moist, Brown (7.5Y 4/3), CLAY LOAM; Friable to Firm, Blocky
ESHGW @ 20"
No Refusal to Depth
HAND AUGER LOGS
Hand Augers were performed on 5/2/22 by MMES.
HAND AUGER #1
0-10" - Dry, Dk. Brown (10YR 3/3), LOAM TOPSOIL; Friable, Crumb
10-18" - Dry, Brown (10YR 4/3), FINE SANDY LOAM; Friable, Crumb
Hand Auger Refusal @ 18"
HAND AUGER #2
0-10" - Dry, Dk. Brown (10YR 3/3), LOAM TOPSOIL; Friable, Crumb
10-16" - Dry, Brown (10YR 4/3), FINE SANDY LOAM; Friable, Crumb
Hand Auger Refusal @ 16"
HAND AUGER #3
0-8" - Dry, Dk. Brown (10YR 3/3), LOAM TOPSOIL; Friable, Crumb
8-16" - Dry, Brown (10YR 4/3), FINE SANDY LOAM; Friable, Crumb
16-22" - Dry, Brown (10YR 5/3), CLAY LOAM; Firm, Blocky
ESHGW @ 16"
No Refusal to Depth
HAND AUGER #4
0-8" - Dry, Dk. Brown (10YR 3/3), LOAM TOPSOIL; Friable, Crumb
8-13" - Dry, Brown (10YR 4/3), LOAM; Friable, Crumb
13-18" - Dry, Brown (10YR 5/3), CLAY LOAM; Firm, Blocky
ESHGW @ 18"
No Refusal to Depth
HAND AUGER #5
0-6" - Dry, Dk. Brown (10YR 3/3), LOAM TOPSOIL; Friable, Crumb
6-16" - Dry, Brown (10YR 4/3), FINE SANDY LOAM; Friable, Crumb
16-20" - Dry, Brown (10YR 5/3), CLAY LOAM; Firm, Blocky
ESHGW @ 16"
No Refusal to Depth
HAND AUGER #6
0-10" - Dry, Dk. Brown (10YR 3/3), LOAM TOPSOIL; Friable, Crumb
10-16" - Dry, Brown (10YR 4/3), LOAM; Friable, Crumb
16-20" - Dry, Brown (10YR 5/3), CLAY LOAM; Firm, Blocky
ESHGW @ 18"
No Refusal to Depth
HAND AUGER #7
0-6" - Dry, Dk. Brown (10YR 3/3), LOAM TOPSOIL; Friable, Crumb
6-18" - Dry, Brown (10YR 4/3), FINE SANDY LOAM; Friable, Crumb
18-22" - Dry, Brown (10YR 5/3), CLAY LOAM; Firm, Blocky
ESHGW @ 18"
No Refusal to Depth
4-1
4-2
4-3
5/4/20224-LOT PLANNED UNITDEVELOPMENT47 CHEESEFACTORY ROADSOUTH BURLINGTON, VT
Lamoureux & Dickinson Page 1
Consulting Engineers, Inc.
April 7, 2022
Marla Keene, PE
Development Review Planner
Planning & Zoning Office
City of South Burlington
180 Market Street
South Burlington, VT 05403
RE: Hickory Hillside – Residential Planned Unit Development
47 Cheesefactory Road, South Burlington
Final Subdivision Plat
Dear Marla:
We are writing on behalf of Hickory Hillside, LLC. to request Final Subdivision Plat review for the project
known as Hickory Hillside Residential PUD (#SD-21-22), located at 47 Cheesefactory Road. This project
was reviewed with the DRB as a Sketch Plan on 4/6/2021 and again on 9/8/2021 under Preliminary
Subdivision Plat.
Since the Preliminary Subdivision Plat review in September, the following items and modifications to the
project/plans have taken place:
Murray & Masterson Environmental Services has finalized the design of the wastewater disposal
system for each lot and is in the process of obtaining a state Wastewater and Potable Water
Supply Permit.
We have revised the lot depths to meet, or more closely meet, the recommended ratios in Article
9.07.B(2).
We are requesting approval to create an additional lot, however, there is no change to the
general concept of the project. Rather than Lot 1 containing both a portion of the farm complex
and the remaining conservation land, this application will have all of Lot 1 remain in
agricultural/conservation and Lots 2-4 make up the farmstead complex as identified in the
Conservation Restrictions document.
Minor adjustment to tree locations due to the revised wastewater disposal area locations.
Addition of wetland demarcation boulders along the City wetland buffer.
Project Narrative
This project includes the subdivision of an existing 67.6-acre parcel at the southwest corner of Hinesburg
Road (VT Route 116) and Cheesefactory Road. The parcel is bounded by Muddy Brook along a portion
of the southern property limits. The majority of the parcel is used for agricultural crop rotation and
rotational livestock grazing.
The project is located entirely in the Southeast Quadrant Natural Resource Protection District (SEQ-
NRP). There is a portion of the project along Muddy Brook which is located within the Flood Plain Overlay
District; however, no work is proposed within this overlay district.
This project proposes to subdivide the existing parcel into three residential lots (Lots 2-4) and one lot to
be covered by conservation restrictions (Lot 1) in accordance with Article 9.12.B(2)(f). The proposed
Lamoureux & Dickinson Page 2
Consulting Engineers, Inc.
parcel areas for Lots 1-4 are 65.31 acres, 0.69 acres, 0.69 acres, and 0.91 acres, respectively. “Sheet 2 –
Site, Grading, Landscaping and EP&SC Plan” includes a dimensional table detailing the required and
proposed standards of each lot.
It is the intent of the applicant to promote the continued agricultural uses on the project parcel, while
being able to extend this opportunity to possible future farmers and homeowners on the project parcel.
The applicant represents the farmers who will likely seek to develop Lot 2 and continue the agricultural
uses on the conservation lands (Lot 1). Due to the uncertainty of the timing for development on Lots 3 & 4
the applicant is requesting that the construction of the private road not be required until the second lot
(either Lot 3 or Lot 4) is developed. This allows flexibility in the development and timing of the lots, and
eliminates the heavy burden that would be placed on Lot 2 to construct and maintain substantial
infrastructure that would only be needed for the development of multiple lots.
This project continues to request the following waiver, which was previously granted in the Preliminary
Plat approval in 2020 and again in the Preliminary Plat approval in 2021:
Waiver from Article 9.12.B(2)(d) to allow homes to be placed more than 100 feet from each other,
within the building envelopes shown.
Wavier from Article 9.07.B(2) to allow Lot 4 to have a width to depth ratio of 1:0.62 due to its
irregular shaped to encompass the wastewater system.
The following items are enclosed for your review:
Application for Final Subdivision Plat
$663.00 application fee ($500 + $25 X 2 lots + $50 X 2 lots + $13 recording)
Abutters list
Cost estimate for landscaping (revised June 2021)
Updated Wetland Memorandum by Joe Bartlett of Fitzgerald Environmental Associates (revised
June 2021)
Wetland correspondence between FEA & VTANR Wetlands Program (Tina Heath)
Conservation Map (Exhibit A) – no change from previous submission
Draft Conservation Management Plan (Exhibit B) – no change from previous submission
Ecological Protection Zone, Riparian Buffer Zone, & Public Access Easement (Exhibit C) – no
change from previous submission
Draft Shared Road Maintenance Agreement & Stormwater Maintenance Agreement (revised
March 2022)
House Likeness Elevations – no change from previous submission
Plan Set by Lamoureux & Dickinson:
o Sheet 1 – Overall Site Plan (last revision date 4/7/2022)
o Sheet 2 – Site, Grading, Landscaping and EP&SC Plan (last revision date 4/7/2022)
o Sheet 3 – Sitework Details & Specifications (last revision date 3/7/2022)
o Sheet 4 – Erosion Prevention and Sediment Control Details & Specifications
o Sheet PL – 4-Lot Planned Unit Development Plat (last revision date 4/7/2022)
Please contact our office with any questions.
Sincerely,
Nicholas Smith
City
Woods
0'250'500'1000'1500'
(a) Private Road and Shared Driveway Maintenance and Repair:
(i) The owners of lots 2-4 shall each be assessed an equal share of the cost
of maintaining the common roadway including all maintenance and repairs, snow removal,
and other expenses as decided by the Hickory Hillside Home Owners Association.
(ii) An Owner’s share is assessable once construction commences on a
residence. Furthermore, any damage to the common road or shared driveways during
construction of a residence, shall be repaired at the expense of the residence’s Owner.
(b) Electrical and Communication Utility Maintenance and Repair:
(i) Any maintenance and repair costs not covered by the Utility Companies
shall be shared on the same basis as road costs.
DATED at South Burlington, Vermont, this ______day of ___________, ____.
IN THE PRESENCE OF:
__________________
__________________________
Witness
By:_____________________________
_ ___________, Duly Authorized Agent
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
Section ( ). Operation and Maintenance of common physical facilities. The
Homeowners Association shall be responsible for the maintenance and upkeep of the
following common elements. Any disagreement shall be subject to binding
arbitration by an arbitrator agreed by all Owners, Declarants and their successors in
interest. Lot Owners shall be required to pay for their share of the maintenance
and repair costs of the common elements according to the following shares:
- 1 -
SHARED ROAD MAINTENANCE AGREEMENT
AND
STORMWATER MAINTENANCE AGREEMENT
THIS SHARED ROAD MAINTENANCE AGREEMENT AND
STORMWATER MAINTENANCE AGREEMENT concerns land owned by HICKORY
HILLSIDE, LLC (hereinafter referred to as “OWNER”) located in the City of South
Burlington, County of Chittenden, and State of Vermont, and shall subject said lands and
be a benefit for said lands, and to the successors and/or assigns of said lands or portions
thereof.
W I T N E S S E T H:
WHEREAS, OWNER owns certain property located off Cheesefactory Road in the
City of South Burlington, Vermont and being further described as:
Being all and the same lands and premises, conveyed to Hickory Hillside, LLC
dated October 9, 2018 and recorded in Volume 1442 at Page 44-45 of the Land
Records of the City of South Burlington.
WHEREAS, OWNER has subdivided the property into four (4) lots, one (1)
conservation lot and three (3) individual building lots, and has or will construct individual
dwellings on said building lots as depicted on the survey referenced below;
WHEREAS, each of the three building lots will utilize a twenty-foot (20’) wide
shared private roadway (hereinafter referred to as the “private roadway”) described below
for ingress and egress to their respective properties and OWNER seeks to establish the
rights and obligations regarding the shared maintenance and upkeep of the private
roadway;
WHEREAS, all users of said private roadway shall be subject to and have the
benefit of this Agreement regarding maintenance, repair, and upkeep of the private
roadway running from Cheesefactory Road, to the individual lots as depicted on the
survey referenced below;
AND, WHEREAS, each of the four lots will be subject to and have the benefit of
this Agreement regarding maintenance, repair, and upkeep of the stormwater system.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and
- 2 -
other good and valuable consideration the parties hereto agree as follows:
A. SHARED ROAD MAINTENANCE AGREEMENT
1.The four lots to be subdivided by OWNER subject to this Agreement are
depicted on a survey entitled, “Lands of Ernest N. Auclair Family Trust, 4-
Lot Planned Unit Development Plat” drawn by Lamoureux & Dickinson
Consulting Engineers, Inc., dated 1/18/21, last revised 3/7/22 and recorded at
Map Slide _____ of the Land Records of the City of South Burlington,
Vermont.
2.The private roadway serving the four (4) lots subdivided by OWNER is
depicted as “Access and Utility Easement from Lot 1 to Lots 2, 3 & 4” on the
above-referenced survey.
3.Each of the four lots in the subdivision shall be conveyed by OWNER with
the benefit of an easement over the private roadway for ingress and egress.
4.The record owners of each individual lot agree to maintain and, when
necessary, improve the private roadway. Furthermore, the record owners of
the all the individual lots agree to perform repairs so as to maintain the road
in good and safe condition, including, but not limited to, grading,
snowplowing, and snow removal.
5.The OWNER and the individual owners of each subdivided lot agree to share
in the cost of maintenance, snowplowing, and road improvement/repair
expenses in equal shares for said private roadway. All costs for maintenance
and upkeep shall be divided equally so each individual lot owner shall be
responsible for one fourth (1/4) of all such expenses and costs.
6.The individual owners shall be solely responsible for the cost of maintenance,
snowplowing, and driveway improvement/repair expenses for each of their
individual driveways which lead from the private roadway to the individual
houses.
7.If the lots are reconfigured or requires amendment prior to the OWNER
selling each of the lots, this Agreement may be amended by OWNER.
- 3 -
B.STORMWATER MAINTENANCE AGREEMENT
1.The three lots to be subdivided by OWNER subject to this Agreement are
depicted on a survey entitled, “Lands of Ernest N. Auclair Family Trust, 4-
Lot Planned Unit Development Plat” drawn by Lamoureux & Dickinson
Consulting Engineers, Inc., dated 1/18/21, last revised 3/7/22 and recorded at
Map Slide _____ of the Land Records of the City of South Burlington,
Vermont.
2.The private stormwater system serving the four (4) lots subdivided by
OWNER is depicted as “Stormwater Easement from Lot 1 to Lots 2, 3 & 4”
and “Stormwater Easement to Benefit Lots 1, 2, 3 & 4” on the above-
referenced survey.
3.Each of the four lots in the subdivision shall be conveyed by OWNER with
the benefit of an easement over the stormwater system, including, but not
limited to all pipes, swales, and outfalls.
4.The record owners of each individual lot agree to inspect, maintain and, when
necessary, repair the stormwater system.
5.The OWNER and the individual owners of each subdivided lot agree to share
in the cost of inspection, maintenance, and repair expenses in equal shares for
said stormwater system. All costs for maintenance and upkeep shall be divided
equally so each individual lot owner shall be responsible for one fourth (1/4)
of all such expenses and costs.
6.The individual owners shall be solely responsible for the cost of maintenance
and repair expenses for each of their individual lots.
7.If the lots are reconfigured or requires amendment prior to the OWNER
selling each of the lots, this Agreement may be amended by OWNER.
- 4 -
C.GENERAL PROVISION
1.This Agreement and the conditions and covenants contained herein shall be
binding upon the heirs, successors and assigns of the OWNER hereto and shall
run with the land described above.
2.This Agreement shall be interpreted under the laws of the State of Vermont.
3.In the event one of the record owners of Lots shall fail to pay their fair share
of costs as above-mentioned then, and in that event, the other owners shall
have all the rights available under the laws of the State of Vermont to collect
any amounts due and owing.
4.Should the OWNER or the individual lot owners utilize the services of an
attorney to enforce any of the conditions or covenants contained in this
Agreement, then and in that event, the prevailing party shall be able to recover
their legal fees from the other party.
5.This Agreement may be modified in writing with the written consent of all
parties.
6.In the event of a dispute and if the dispute cannot be settled through
negotiation, the parties herein agree first to try in good faith to settle the
dispute by mediation, or some other dispute resolution procedure. The
OWNER and the individual lot owners shall consult and negotiate with each
other and a mediator/arbitrator in good faith and in an attempt to reach a just
and equitable solution satisfactory to all lot owners.