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Home My WebLink AboutBATCH - Supplemental - 0000 Van Sicklen RoadEWING & SPOKES ATTORNEYS AT LAW BURLINGTON, VERMONT AGREMENT This Agreement executed in duplicate on the day of June, 1975, by and between the CITY OF SOUTH BURLINGTON, and S�VULZT ASSOCIATES, a partnership with principal place of .lUsiness in Williston, Vermont; WITNESSETH: WHEREAS, on June 10, 1975, Smart Associates met with the -ilty of South Burlington Planning Commission relating to an application to extend a private road on a parcel of land owned by Smart Associates on the easterly side of A'iinesburg Road as shown on a plan recorded in Volume 105, page 4, of ..Ie City of South Burlington sand Rucords, and ;-111114'REAS, the C'ity of South Burlington has agreed to -illouT Smart associates to extend its private road a total distance of 150 feet in an easterly direction under certain .onditions; NOW THEIZ.-FORL, the parties agree as follows: 3. The City of South Burlington agrees that Smart Associates shall have the right to extend the present private road which extends from the easterly sideline of ilinesburg Road, an additional 150 feet in an easterly direction in order to serve as a manner of ingress and egress to an additional ten -acre residential lot designated as ;,ot No. 3 as shown on a plot plan given by Smart Associates to the City of South Burlington. 2. Smart Associates shall not in the future extend laid private road any further in an easterly direction, nor shall said extension serve more than the now existing lots ,ordering said road and extension without prior approval of the South Burlington Planning Commission. 3. All abutting lot owners on said private road steal' have the right to use said private road in corimon, pro- vided each lot owner using said common private road agrees t_-o share his proportionate share of the expenses of -2- EWING & SPOKES ATTORNEYS AT LAW BURLINGTON, VERMONT mdintenance and upkeep of said private road. This right of way shall run with the land. Smart Associates, the law- ful users of said private road and extension thereof, and their heirs, successors and assigns, hereby agree not to look to the City of South.Burlington at anytime for main- / ", '/�.j'X, '-I � , -j r4`1 -7 7 : . � Z / I c, tenance or renair of said private road and extension thereof, /I the maintenance and repair being the sole responsibility of Smart Associates, the lawful users of said private road and I extension thereof and their heirs, successors and assigns. 4. Taxis Agreement shall be binding upon the heirs, successors and assigns of the parties hereto. 1-4 Pv'OpErE S%ART ASSOCIATES By - Its%Duly Authorized Ageritt — CITY OF SOUTH BURLINGTON ;7 Its Duly STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, in said Cpupty, this ,day of June, 1975, personally appeared and he acknowledged this instrument, by hirn sealed and subscribed, to be his free act and deed and the free act and deed of Smart Associates Before me, `1j�ary'\?u4lic STATE OF VEM-TONT 17 CRITTENDEN COUNTY, SS. At Burlington, in said County, this 30 (lay of June, .-975, personally appeared 4.,V4004w X and he / acknoi4ledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of the City of South Burlington. Before nief /10 Notary Public June .1-1. , 1975 ion Rnalty 77t. 2.i Williston, VT 0514-95 ' o SoutI,. Plan -in- Iommiz!7to-n 'Le advis-,�d that ,.,,pprov,,,,d your r-�,qucstl t^ set- orf-* a lot, located southcrly of' 1460 '�,—^d. E4aid lot to 'cc sr,rv,-,,d y 1- 60 t n-i-vat-0- Anproval is Frantid imper S-ect-Ion, 17-.3'5 of the Zoning 1-11e"ulat ions. F.,W/j 11161, Af .^ Very trilly 7 Richard Wtaxd '7onin,, Adninistrative Offioer AAI& MEMORANDUM T0: SOUTH BURLINGTON PLANNING COMMISSION FROM: R ICHARD WARD, ZONING ADMINISTRATOR RE: APPROVAL NECESSARY UNDER SECTION 11.35 OF THE ZONING REGULATIONS FOR Two LAND DEVELOPMENT PROPOSAL DATE: JUNE 61 1975 #1 Smart Associates, Richard Segal, Agent Parcel of land in question is located off Hinesburg and Van Sicklen Road. Smart Associates propose to set off a 10.2 acre lot, bounded by property of Schneider, Babcock, Hendley and other lands of Smart Associates. Private road is a 60' right-of-way located off Hinesburg Road south of #1460 and northerly of #1470, both of these dwellings are presently using the same right-of-way. A 6 acre lot owned by Hendley is also served by this right-of-way. If approved, four lots will be served from this 60' right-of-way. A question was raised regarding a possible subdivision being created by the setting off of the proposed lot. Having investigated the land records I find that a Mr. Christian Hoskam is the subdivider and not Smart Associates. It is my understanding that Mir. Hoskam no longer owns land in South Burlington. The records reveal that in the late 1960's Mr. Hoskam sold off four different parcels of land, some with dwellings (Lavoie, Katz, Vaillancourt & Wessel). In 1971 Hoskam sold off a 6 acre parcel to Broido, now property of Hendley. The remaining land consisting of 115.3 acres was sold to Smart Associates by Hoskam. This was a direct violation of the City subdivision regulations by Mr. Christian Hoskam, however, because of the circumstances I don't feel any legal action can now be taken. Smart Associates will, however, be r quired to submit a subdivision application before any other lots can be sold off. April 2F. 1975 Mr. Richard �:'Iefal O'Prien Realty Route 2A Williston, VT 051+95 Dear -Ir. .'-.egal: P Be advised that the South Turlington Zoning, 'FoarO ment will hold a public hearing at the ','ity -Iiall, Rom, 1175 'Alilliston, Road on Monday$ May 5, 1975, to consider your request for a zoning, variance. Please plan to attend. 1'141J Very truly of Adjust - Conference at 5:00 p.m. Richard Ward Zoning Administrative Officer NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD Or ADJUSTMENT I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance, decision of administrative officer. Property Owner_ o--_, -4 Property location &descrinti 1-4 V 61., S c' LL Z_�, Variance of Section'. c. - , number's title of section) Basis of appeal ' I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall,". Qbnf.erence Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of advertising and the hearing. Hearing Date Signature of Appellant ) C4 V ----------------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter ql, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on day of week I month and date at(time)to consider the following: r" ,appeal of C as ,9/14/e_,tZ: seeking afrom Section."'/ �✓+'► -+ -ti - " ?/4of the Sout:: BurlinF�ton Zoning Regula- tions. Request is for permission to 4 ,�,� June 10, 1975 R. Segal PLANNING COMMISSION MOTION .....that the Planning Commission ask the City Attorney to draw up a formal agreement between the City of South Burlington and Smart Associates; this agreement will stipulate that approval of a 150' extension of the private road be given in order to serve an additional ten acre residential lot and will not entitle the developer in the future to extend that road any further in an easterly direction. This agreement will further show that all parcels off this right-of-way will always have use of the right-of-way. i':nTI='IC_ r-T.. a �;!`DOV j •tnm-r.-- r..-.-�T„T�T"r: C- P. (D 2 • B-() DING OR ESCRO',.4' f-GREE? -fiTS 5n �r ri-)t-- �Zo`Y b (17 (76 _".DS FF� �`_" - RO� . G- D ---,r-T� �' j Tw C 0"DT - `' • - .J1Y -_I..D r_ . n T,• _ y c , • -._Tt` 57'7- C-;-.YL Cm^= 'TC .r'nJ-•m-� �, err, .�C.-.�- - .•,,, _�.r �T n C T' �T 0 l �: r. T ; T--• -r, L; I ; .Y „m. CCI::"S -I