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HomeMy WebLinkAboutAgenda 07_SD-24-10_25 55 Highland Terr_Sample_PP FP_FFD #SD-24-10 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ERIC SAMPLE – 25 HIGHLAND TERRACE FINAL PLAT APPLICATION #SD-24-10 DRAFT FINDINGS OF FACT AND DECISION Final plat application #SD-24-10 of Eric Sample to subdivide an existing 1.37 acre lot developed with a single family home and detached accessory dwelling unit into two lots of 1.00 acres and 0.37 acres, for the purpose of establishing the existing single family home and accessory dwelling unit on Lot 1, and constructing a new single family or duplex home on Lot 2, 25 & 55 Highland Terrace. The Development Review Board held a public hearing on July 2, 2024. Eric Sample represented the applicant. Based on testimony provided at the above-mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The project consists of final plat application #SD-24-10 of Eric Sample to subdivide an existing 1.37 acre lot developed with a single family home and detached accessory dwelling unit into two lots of 1.00 acres and 0.37 acres, for the purpose of establishing the existing single family home and accessory dwelling unit on Lot 1, and constructing a new single family or duplex home on Lot 2, 25 & 55 Highland Terrace. 2. The owner of record of the subject property is Eric Sample. 3. The application was received on May 31, 2024. The Board reviewed a sketch plan application for the same proposal on May 21, 2024. Sketch plans expire after six months if a complete preliminary plat application is not submitted within that time. This application is unchanged from that review. At the sketch plan review, the Board advised that this application qualified as a Minor Subdivision and would not be required to go through Master Plan approval – as such, this project is able to proceed directly to Final Plat approval. 4. The project is located in the Southeast Quadrant - Neighborhood Residential Zoning District. 5. The plans submitted consist of sheet P1, titled ‘Proposed 2 Lot Subdivision’, prepared by Trudell Consulting Engineers and last revised on 4/16/2024. 6. The application is subject to zoning district and dimensional standards, subdivision standards, the general regulations of Article 3, and the supplemental regulations of Article 13. A) ZONING DISTRICT AND DIMENSIONAL STANDARDS SEQ-NR Zoning District Required Existing Proposed Lot 1 Proposed Lot 21  Min. Lot Size, single-family home/duplex 9,500 sf2 58,820 sf 42,700 sf 16,120 sf  Max. Building Height (flat roof) 35 feet N/A No Change N/A  Max. Building Coverage 20% N/A 5% N/A  Max. Overall Coverage 40% N/A 12% N/A @ Min. Front Setback 20 ft. N/A 23 ft 20 ft #SD-24-10  Min. Side Setback 10 ft. N/A 25 ft 10 ft  Min. Rear Setback 30 ft. N/A N/A 1- The applicant has reported coverages for Lot 2, but has also indicated that the information shown is conceptual to demonstrate development potential of the lot. The Board finds the applicant must demonstrate compliance with coverage and setback requirements at the time of zoning permit application for a home on Lot 2. 2- The State’s Act 47, passed in the summer of 2023, requires that duplexes be allowed on the same size lots as single-family homes and supersedes any municipal standards that are to the contrary. As such, as per the LDRs in effect on the date that this report was published, single-family homes and duplexes are allowed on lots of as small as 9,500 in the Southeast Quadrant – Neighborhood Residential Zoning District, even though the text of the LDRs still requires a slightly larger lot size for duplexes. It is also important to note that, although a single-family home or duplex could be built on a lot as small as 9,500, the LDRs in effect on the date that this report was published set a maximum residential density of 1.2 units per acre in the Southeast Quadrant – Neighborhood Residential Zoning District. Therefore a TDR is required to build a unit on Lot 2; see discussion below. B) GENERAL SUBDIVISION STANDARDS This application is considered a minor subdivision because the proposal is for two lots. The Board may require a master plan where they consider future development potential to exist. However, the Board finds that no master plan is required, due to the applicant’s testimony that they have no intention of building on the second lot anytime soon and have no intention of subdividing the subject property further. 15.A.10 Subdivision Standards A. Applicability Any subdivision of land subject to these Regulations must meet applicable subdivision standards under this Article unless modified or waived by the DRB under Section 15.A.01(B). (1) The DRB, in determining compliance with these standards, may require: (a) Disclosure of the intended use and development of all land to be subdivided, including subsequent development plans for any retained portion of the existing tract or parcel to be subdivided. The applicant has not specifically enumerated their intention for Lot 2 but has shown a potential development plan. The lot would be permitted to be developed with a single family home, or a single family home with attached or detached accessory dwelling unit, or a duplex. As a subdivision without PUD, the applicant is not required to provide elevations for the potential buildings. (b) An independent technical review of the proposed subdivision under one or more standards, prepared by a qualified professional, in accordance with Section 17.08. The Board does not find an independent technical review to be required. (c) Modification of subdivision layout and design, the phasing of subdivision and development, or other measures necessary to avoid or mitigate the adverse impacts of a proposed subdivision on adjacent properties and uses; the transportation network; #SD-24-10 public facilities, infrastructure, and services; and environmental resources identified for protection under Article 12. The Board does not find modification of the subdivision layout or design to be required. B. Interpretation. Where a subdivision standard under this Article is superseded by or conflicts with another relevant standard under these Regulations, including Environmental Protection Standards and standards specific to a Planned Unit Development or Transect Zone Subdivision, the more specific, stringent, or restrictive standard shall apply. 15.A.11 General Standards A. Development Suitability. The applicant must demonstrate that the land to be subdivided is physically suited for its intended use and the proposed density or intensity of development, and that the proposed subdivision will not result in undue adverse impacts to public health and safety, environmental resources as identified and regulated under Article 12, neighboring properties and uses, or public facilities and infrastructure located on or within the vicinity of the land to be subdivided. 1) Physical Site Constraints. Land that is physically unsuited for development, including land that is characterized by periodic flooding, poor drainage, shallow soils, landslides, environmental site contamination or other known physical hazards or constraints, must not be subdivided for development unless the applicant can demonstrate that such limitations can be overcome, remediated, or mitigated as necessary to allow for subsequent development. The land proposed for subdivision is not physically unsuited for development. 2) Buildable Area. For purposes of these Regulations, including the platting of building lots and the calculation of the density or intensity of development allowed within a subdivision, “Buildable Area” is defined as the total area of the tract or parcel to be subdivided, less the area occupied by the following physical and legal site limitations or constraints: a) “Hazards” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as field verified and delineated on preliminary and final subdivision plans and plats, b) “Level I Resources” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as depicted on preliminary and final subdivision plans and plats, c) Existing and planned street and railroad rights-of way, d) Transmission line corridors or easements, except upon request of the applicant that it be designated as Buildable Area. None of the above limitations or constraints are present on the subject property. 3) Buildable Area Calculations. The allowed number of building lots or dwelling units within the subdivision shall be calculated based on the Buildable Area of the parcel or tract to be subdivided except as otherwise specified for a Transect Zone Subdivision under Article 8, a Planned Unit Development under Article 15.C; and as provided for the transfer of development rights under Article 19, or affordable housing offsets, bonuses, or incentives under Article 18. The project is located in the SEQ-NR zoning district, which under the current rules has an inherent density of 1.2 units per acre, which may be increased to 1.8 units per acre with the #SD-24-10 transfer of development rights or through the use of inclusionary zoning. The 1.37 acre lot has an inherent density of 1.64 units, which may be increased to 2.47 units through the use of Transferrable Development Rights (TDRs) or inclusionary housing. This calculation is unaffected by the recent passage of Act 47, since this lot is not in an area served by municipal water and sewer. The applicant has indicated that they intend to increase the density of this parcel to 2.47 units via the purchase of one TDR. The applicant has provided a purchase agreement for one TDR. The Board finds that the applicant must demonstrate purchase of 1 TDR, representing 0.83 acres, prior to zoning permit approval, and must record the purchase and use of that TDR as specified in 24 VSA 4423 prior to issuance of a zoning permit for a home on the subdivided land. TDRs are discussed in further detail in Section 19 of the LDRs. a) Any proposed alteration of the existing grade to create developable building lots, including land excavation or fill, must meet the standards of Section 14.11 (Alteration of Existing Grade), Article 16 (Construction and Erosion Control) and other applicable resource protection, flood hazard area and stormwater management standards under these Regulations. The applicant has not proposed any alteration of the existing grade. C. Development Context. The applicant must demonstrate that the subdivision conforms to the planned pattern of subdivision and development in the area, as defined by district purpose statements and standards, or as specified for a type of Planned Unit Development (PUD) under Article 15.C. In addition to meeting required zoning district, transect zone, or PUD standards: 1) Overlay Districts. The subdivision must also meet applicable overlay district standards under Article 12. a) In all subdivisions and PUDs in which the provisions of the Traffic Overlay District in Section 10.01 of these Regulations apply and in which the Traffic Overlay District provisions conflict with those of this section, the more restrictive provisions shall apply. There are no Overlay Districts applicable to the subject property. 2) Multiple Districts. For the subdivision of land located in more than one zoning district, the district regulations specific to that portion of the subdivision within each zoning district shall apply, except as specified for a Planned Unit Development under Article 15.C. The subject property is located wholly within one zoning district. 3) Compliance with Other Regulations. Subdivisions, including building lots, dwelling units, and supporting facilities and infrastructure, must also be designed, configured, and constructed to comply with other relevant standards under these Regulations and other city ordinances and standards in effect at the time of application, including those listed below. a) Official Map, adopted under 24 V.S.A. § 4421 b) Capital Improvement Program, adopted under 24 V.S.A. § 4430 c) Department of Public Works Standards d) Fire Prevention and Safety Ordinance e) Water and Cross Connection Ordinances f) Sanitary Sewer and Stormwater Ordinance g) Impact Fee Ordinance #SD-24-10 h) E-911 Ordinance The proposed subdivision of land is in compliance with all relevant standards, including those enumerated above. Development on the subdivided lot must meet all standards of the applicable regulations. 4) Conformance with an Approved Master Plan. The applicant must demonstrate that the subdivision conforms, as applicable, to a Master Plan approved by the DRB under Article 15.B, including the approved development plan, management plan, buildout budgets, and phasing schedule. There is no Master Plan applicable to the subject property. D. Development Connectivity. The applicant must demonstrate that the subdivision, to the extent physically feasible, is configured and laid out to maximize connections with adjoining parcels and neighborhoods, and to avoid creating isolated and disconnected enclaves of development, except where necessary to separate incompatible land uses, or to avoid undue adverse impacts to resources identified for protection under Article 12. Accordingly, the applicant must demonstrate that the subdivision is laid out to connect with and extend existing and planned streets, sidewalks, recreation paths, transit routes, and utility and greenway corridors located adjacent to or within ½-mile of the subdivision, or as indicated on the City’s Official Map. Off-site improvements necessary to serve the proposed subdivision must be provided in accordance with 15.A.18. With a single-depth lot, the Board finds that no additional connectivity is necessary. 15.A.12 Resource Protection Standards A. Resource Protection. The applicant must demonstrate that the proposed subdivision has been configured and laid out to: 1) Incorporate significant natural, historical, and scenic features located on the parcel or tract to be subdivided; 2) Avoid and exclude Hazard and Level I Resources identified for protection under Article 12 from parcelization, physical fragmentation, and development; and, 3) Minimize and mitigate the adverse impacts of land subdivision and development on Level II Resources identified for protection under Article 12. The applicant has provided an existing tree location plan. No other resources appear to be present on the subject property. As an existing medium sized single family home lot, the Board finds that the provision of a specific tree preservation plan is not required. B. Applicability. Resource protection standards under this section apply to all subdivisions of land, unless modified by the DRB in accordance with resource-specific allowances under Article 12 and the following: 1) The DRB may modify or waive a resource protection standard under this section within a Transect Zone Subdivision or a Planned Unit Development only as necessary to achieve or maintain the planned type and pattern of development and to allow for the logical extension of supporting facilities, infrastructure, and services. 2) Notwithstanding a subdivision waiver or modification, proposed subdivisions shall comply with all other applicable resource protection standards under these Regulations, including any requirements for on- or off-site impact mitigation. #SD-24-10 The applicant is not requesting modification or waiver of the resource protection standards included within this sections. The proposed subdivision complies with all applicable resource protection standards. C. Resource Identification. Site features or resources to be incorporated in subdivision layout and design, as shown to scale on sketch and master plans, must be field verified and delineated on the ground by the applicant as specified in Article 12 of these Regulations for each resource, and as indicated on preliminary and final subdivision plans and plats. 1) Existing Site Features. Existing site features of significance to the City, to be considered in subdivision layout and design include: a. Archaeological and historical sites and structures that are eligible for listing on the State Register of Historic Places, and historical landscape features such as stone walls and fences. b. Prominent shade trees, street trees, or documented specimen or witness trees. c. Exceptional or unique geological features such as exposed ledges, cliffs, waterfalls and cascades. 2) Listed site features must be considered for retention and incorporation in subdivision layout and design. 3) At minimum the DRB may require, as a condition of subdivision approval, that a listed historical site, structure or landscape feature present on the parcel to be subdivided must be inventoried, assessed and documented, before any site development, or any structural relocation, removal or demolition may occur. As noted under 15.A.12.A above, while there are several existing mature trees on the property, the Board finds that no further inventory, assessment, or documentation of those trees is required. D. Resource Protection Areas. There are no identified Natural Resources or Environmental Hazards on the subject property – as such, the applicant is not required to provide any resource protection areas as part of the proposed subdivision. 15.A.13 Subdivision Design Process A. Design Process. The design process to be followed by the applicant under this Subsection, in preparing subdivision plans and draft plats included with the application, includes the following steps in order of preference: 1) Delineate and set aside resource areas identified for protection, and other existing site features for consideration under 15.A.12 above. There are no resource areas or other existing site features for consideration on the subject property. 2) Layout and configure the proposed street network to: a. connect with and extend existing streets; b. define one or more contiguous blocks that meet applicable block standards under 15.A.16 or as otherwise specified for the Zoning District, Transect Zone, #SD-24-10 or type of Planned Unit Development in which the subdivision is located; and to c. incorporate allowed Street Types and design standards under 15.A.14, including existing and planned streets, sidewalks, recreation paths, and transit stops. The applicant is not proposing an addition to the street network. 3) Delineate building lots that front on and are oriented to the abutting street or civic space, and that meet applicable lot size and dimensional requirements by Zoning District, Transect Zone or type of Planned Unit Development or Building Type under Article 11.C, as applicable. The proposed building lot fronts on and is oriented to the abutting street (Highland Terrace) and meets applicable lot size requirements. It is noteworthy that the entirety of the lot facing Highland Terrace is considered the front for setback and orientation purposes. 4) Designate within each block, or as otherwise provided within the subdivision, required civic spaces, parking lots or facilities, and infrastructure and utility corridors or easements that meet the requirements of these Regulations, which are to be retained in common or single ownership or dedicated to the City. There is no public or private infrastructure proposed as part of this application. 5) Incorporate within block configurations, as applicable, one or more alleys or service lanes, and midblock pedestrian passages as necessary to provide rear, side or shared vehicular and pedestrian access to fronting building lots, civic spaces and designated parking areas or facilities. There are no new blocks being created and no existing blocks being modified as part of this application. 15.A.14 Street Network The applicant is not proposing any additions or modifications to the existing street network. The criteria of this section are therefore inapplicable. 15.A.15 Sidewalks, Bike Lanes, and Recreation Paths The applicant is not proposing any additions or modifications to existing sidewalks, bike lanes, or recreation paths. The criteria of this section are therefore inapplicable. 15.A.16 Blocks and Lots A. Purpose. The layout and configuration of blocks and building lots in relation to the street network establishes the overall pattern of development, including the creation or extension of walkable, pedestrian-friendly neighborhoods and mixed use developments. As such, the configuration of blocks and building lots represent a fundamental component of subdivision design. Accordingly, the applicant must demonstrate that the proposed subdivision incorporates: (1) A street layout or grid under 15.A.14 above that establishes blocks that meet required block standards under these Regulations, including interconnected, walkable blocks and neighborhoods in all residential and mixed use zoning districts, or as specified by Transect Zone under Article 8 or by PUD type under Article 15.C. #SD-24-10 (2) Blocks that are configured to accommodate and provide access to building lots that comply with these Regulations. (3) Block faces and building lots that, where feasible, are oriented to maximize solar access and gain; (4) Regularly shaped building lots that front on, and minimize lot frontage or width along abutting streets; (5) Required civic spaces, parking lots or structures, and utility corridors and other facilities or easements that are intended to be held, managed, and maintained in single or common ownership. Standards (3) and (4) above are applicable to the proposed subdivision. The Board finds that the proposed new building lots are oriented to maximize solar access, front on abutting streets, and minimize lot frontage along abutting streets. B. Blocks. The applicant is not proposing any new blocks or any modifications to existing blocks. C. Lots. All lots must be laid out to logically relate to topography and their intended use or purpose. Building lots must be laid out within existing and planned street and block configurations, in such a way that they can be developed in full compliance with their intended use and these Regulations. Unless otherwise specified under these Regulations as applicable to the subdivision: (1) All proposed lots must be numbered, as shown on subdivision plans and plats. The provided subdivision plan identifies the proposed lots as Lot 1 & Lot 2. (2) The arrangement and configuration of lots must allow for the further subdivision of any remaining developable land on the tract or parcel to be subdivided. Where proposed building lots exceed minimum lot area requirements, the DRB may require that such lots be configured and developed in a manner that allows for further subdivision and infill development. The Board finds that the proposed arrangement and configuration of the two proposed lots does allow for the further subdivision of both of those lots, and finds this criterion met. (3) Building or other lots for existing or planned public facilities or uses, including public parks, as shown on the City’s Official map or proposed for dedication to the City, must be labeled and shown as such on the subdivision plan and plat. No such lots are proposed as part of this subdivision. (4) Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of the total buildable area within the developed portion of any Major Subdivision exceeding two acres in size must be allocated to functionally integrated civic space lots, as shown on the subdivision plan and plat. The proposed subdivision does not exceed two acres and is classified as a Minor Subdivision. As such, the above civic space requirement is not applicable. (5) The arrangement and configuration of building lots within the subdivision must be consistent with the intended use, street type, and the planned pattern of development for the Zoning District, Transect Zone or PUD type in which the subdivision is located, including the existing or planned street and block network. The Board finds that the proposed arrangement and configuration of the two proposed lots is consistent with the intended use and planned pattern of development for the SEQ-NR zoning district, and finds this criterion met (6) All building lots must front on a public or private street, a designated civic space, or a shared courtyard with pedestrian access to the abutting street. #SD-24-10 The two proposed both front on a public street. (7) Building lots must be configured to comply with all relevant lot area, dimensional and lot coverage requirements under these Regulations, including as appliable: • Lot requirements under Section 3.05; • Setback and buffer requirements under Section 3.06; • Lot requirements specific to an allowed use under Article 14; • Zoning district dimensional standards under Appendix C-2; • Transect Zone Building Envelope Standards under Article 8; • SEQ Subdistrict standards under Article 9; and • PUD or Building Type standards under Article 15.C and Article 11.C. The two proposed building lots meet all standards of the above-referenced criteria. (8) Unless otherwise specified under these Regulations, building lots must have sufficient developable area to accommodate proposed building types, associated yard or other required open space areas, site drainage, utilities, or other improvements required under these Regulations, including site plan standards under Article 14. The applicant has shown that the proposed lots can be developed to meet current setback and lot coverage limits. (9) A building lot generally must be rectangular in shape, with side lot lines that are perpendicular or radial to the abutting street, and rear lot lines that parallel the street, except as necessary to accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots, Yards and Lot Lines). Irregular or oddly shaped building lots, including flag and through lots, are prohibited, except for: (a) A flag lot, with a minimum of fifteen (15) feet of frontage on the abutting street, as necessary to accommodate a back-lot subdivision and infill development within an existing subdivision, block pattern, or development; (b) A triangular or trapezoidal building lot defined by abutting streets that otherwise has sufficient street frontage and lot area to meet minimum lot requirements; or (c) A through lot with frontage on two parallel or intersecting streets that cannot be further subdivided under minimum lot requirements, provided that front setback requirements can be met on both streets. (10) Building lots should be oriented and configured to minimize lot width (frontage) along the street. The preferred building lot width to depth ratio is 1:2; however, a ratio of 1:1 to 1:5 may be allowed as necessary to accommodate physical site constraints, stormwater drainage, or rear lot access and parking. (11) Building lots must be configured to avoid or, where necessary, minimize rear lot lines that abut side lot lines. Unless otherwise specified under these Regulations, corner lots must be configured to meet lot frontage and front setback or build-to-zone requirements on all abutting streets. Regarding the above standards 9, 10, and 11 together, there are no lot frontage requirements in this zoning district. Both proposed lots are proposed to be generally rectangular and have a ratio of approximately 1:2. In order to have the effect of a side lot line abutting a side lot line, development on Lot 2 would have to be oriented to have the front of the home facing east. This would be consistent with adjoining lots to the north. However, the applicant proposed a configuration at sketch in which the home on lot 2 faces south. After discussion with the applicant at sketch, the Board indicated its support for the proposed configuration. The Board finds that the proposed lot configuration, including a #SD-24-10 theoretical orientation of the home on Lot 2 towards the south, meets the above three criteria. (12) Temporary or permanent surface parking lots, where parking is the principal use, must at minimum meet the minimum lot area requirement applicable to building lots, to allow for future parking lot redevelopment. Such lots must also be shown on subdivision plans and plats submitted with the application. No surface parking lots are permitted. 15.A.17 Mix of Dwelling Unit Types A. Mix of Dwelling Unit Types and Architectural Features. A mix of dwelling unit types (i.e. cottage, single family, two-family, small multi-family, townhouse, etc. etc.) and mix of architectural features and styles must be provided within neighborhoods and developments. These must be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical unit types. An applicant for a subdivision shall submit a plan demonstrating how this mix will be achieved for the Development Review Board’s consideration at the preliminary plat stage. Where a Planned Unit Development approved under Article 15C establishes standards for a mix of dwelling unit or building types, those standards shall supersede these herein. The proposed subdivision is for two building lots. The existing homes on Highland Terrace are generally one to two story with multi-pitch roofs the same architectural style. Given the small number of homes proposed, the Board finds that no specific restriction on dwelling unit types or architectural features beyond those specified in Section 13.17 Residential Design of New Homes to be appropriate for this subdivision. 15.A.18 Infrastructure, Utilities, and Services A. Capacity of Community Facilities, Utilities and Services. The applicant must demonstrate that the proposed subdivision and development will not exceed the existing or planned capacity of, or cause a disproportionate or unreasonable burden on City facilities, utilities and services, including: • Public schools, • Police, fire protection and ambulance services, • Street infrastructure and maintenance, • Parks and recreation facilities, and • Water supply, wastewater disposal, and stormwater management systems and infrastructure. The proposed subdivision will not exceed the existing or planned capacity of the above-referenced Caty facilities, utilities, or services. B. Potable Water Supply and Wastewater Systems. The existing lot is served by a private water and wastewater system. This end of Highland Terrace is not served by municipal water, though the municipal sewer line is within 200 ft of the buildable area of Lot 2, therefore any development on Lot 2 would be required to connect to municipal sewer. The Board finds based on the submitted documentation that the proposed Lot 2, which would be served by well, has sufficient water capacity to service a proposed single family home or duplex. The Director of Public Works reviewed the plans on June 4, 2024 and offered the following comments. #SD-24-10 1. The project shall conform to South Burlington Public Works Standards and Specifications. 2. The project site plans must show the proposed location for a wastewater pipe connection to the South Burlington wastewater system. 3. The project proposes to use a private well as a water source. Per City ordinance, the applicant must still install a water meter for the purposes of wastewater billing. I recommend that installation of a water meter be a requirement prior to the City's issuance of a C.O., or some similar mechanism to make sure that a meter is installed. The applicant must contact the South Burlington water department for details regarding meter installation. 4. It appear that the driveway will need a culvert. The site plans must show the location, size, material and depth of the culvert. 5. The project proposes to utilize a swale in the municipal ROW to move stormwater from the southern property boundary, to the eastern property boundary, and discharge this water to the north on Highland Terrace. The applicant must include more information, including grading/slope, and swale dimensions. 6. The applicant is reminded that roof drains shall not be connected to the wastewater system. The Board finds that the comments from the DPW Director shall be incorporated as conditions of approval. The comments pertaining to drainage design must be addressed prior to issuance of a zoning permit for construction. C. Fire Protection. Lot 2 is proposed to be within 150-ft of the public right of way, but not served by public water. The Fire Marshal reviewed the plans and indicated any home on Lot 2 will require a NFPA 13D sprinkler system as the closest hydrant is more than 1000 feet away and cannot supply enough water to provide adequate fire suppression. D. Stormwater Facilities. Stormwater management standards do not apply to this project as proposed. E. Utilities and Services. This standard requires provision of underground utility connections to each lot. The applicant has provided a general concept of how power and telecom will be provided to Lot 2. G. Renewable Energy Facilities. This standard requires layout to maintain access to and use of renewable energy resources. The Board finds that the available options for lot layout are relatively limited and the proposed lot configuration does not adversely affect the ability of the homes to maximize solar access and gain. 15.A.19 Required Improvements A. General Standards. All required improvements must be designed and installed in accordance with the design standards, development requirements, specifications and procedures set forth in these Regulations and other applicable City regulations and standards. Typical plans and sections are attached to these Regulations. Installation and design standards apply to both public and privately owned required improvements. Proposed privately owned streets and other improvements shall be marked as such on the final plat. 15.A.14C(2) gives the DRB the authority to require the upgrade or improvement of an existing street as necessary to serve the proposed subdivision. 15.A.15B(1) states that where a subdivision is proposed to front along an existing roadway, all elements of the Street Type from the curb inward #SD-24-10 shall be installed by the applicant where not present. The Board notes that street trees were not required for recent approvals further north on Highland Terrace, but the applicable sections of the LDR did not exist at the time those PUDs were approved; and that, at that time, PUDs were required whereas now simple subdivision is permitted. The Board finds that the applicant is not required to install street trees as part of this project. 13.17 Residential Design for New Homes C. Standards These standards will apply regardless of what type of home is built on Lot 2. They require buildings to be oriented to the street with a principal entrance facing on the street. Garages must be set back at least 8 feet from the front lot line (keeping in mind Lot 2 has two fronts). Garages must not exceed 40% of the front façade. Additional standards recommend buildings be oriented to maximize living space and windows to the south, east and west, and that buildings be oriented to maximize solar gain potential. The Board finds that these recommendations to be requirements of a future zoning permit to construct a building on Lot 2. DECISION Motion by ___, seconded by ___, to approve Final Plat Application #SD-24-10 of Eric Sample, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Any changes to the final plat plan will require approval of the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. 4. A digital PDF version of the full set of approved final plans as amended must be delivered to the Administrative Officer before recording the final plat plans. 5. The plat plan (Sheet P1) must be finalized, stamped, and signed, and shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. 6. The plat must be recorded prior to zoning permit issuance. 7. The applicant shall demonstrate compliance with the following comments of the Director of Public Works prior to submission of a Zoning Permit to construct on the newly created Lot 2: a. The project site plans must show the proposed location for a wastewater pipe connection to the South Burlington wastewater system. b. The project proposes to use a private well as a water source. Per City ordinance, the applicant must still install a water meter for the purposes of wastewater billing. The #SD-24-10 applicant must contact the South Burlington water department for details regarding meter installation. c. The site plans must show the location, size, material and depth of the driveway culvert. d. The project proposes to utilize a swale in the municipal ROW to move stormwater from the southern property boundary, to the eastern property boundary, and discharge this water to the north on Highland Terrace. The applicant must include the design of this swale, including grading/slope, and swale dimensions. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 9. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 10. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present John Moscatelli Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Charles Johnston Yea Nay Abstain Not Present Motion carried by a vote of x – x – x. Signed this ___ day of July, 2024, by _____________________________________ Dawn Philibert, Chair PLEASE NOTE: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the City of South Burlington Planning and Zoning Department at 180 Market Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802- 951-1740 or https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist. S S S S S OH P & T & C OH P & T & C OH P & T & C OH P & T & C OHP&T&C OHP&T&C OHP&T&C Gas Mtr El Mtr LP Mtr 25 & 55 Highland Terrace Eric Sample Vol. 1334 Pg. 18 Ref. Plat A LOT 2 0.370± Ac. LOT 1 0.980± Ac. # 25 # 55 11 4 H i g h l a n d T e r r a c e n/ f J. M a k i to V a n S i c k l e n R d . to B u t l e r D r . t o D u b o i s D r . N 82°06'51" E 200.29' N 81°51'06" E 166.32' S 0 5 ° 4 8 ' 5 8 " E 73 . 1 9 ' S 63°1 2 ' 5 7 " W 1 6 5 . 2 8 ' S <- 82°58'35" W 201.49' N 0 7 ° 3 2 ' 1 4 " W 1 5 2 . 3 1 ' S 1 1 ° 1 2 ' 1 4 " E - > 12 6 . 1 2 ' 1450 Hinesburg Road Scott & Kelly Moser Vol. 1615 Pg. 312 Map Slide 535-2 123 Highland T e r r a c e J. R. Lavanwa y et al. Vol. 1223 Pg. 3 7 Map Slide 547 60 ' RI G H T O F W A Y 14 2 5 H i n e s b u r g R o a d n/ f P. & L . M c G a r g h a n 1 4 7 5 H i n e s b u r g R o a d n/ f E . & E . H o r t o n 8 Highland Terrace n/f F. Sadowski 88 Highland Terrace n/f E. & J. Hendley, L. Joyce 10 4 H i g h l a n d T e r r a c e n/ f E. G . S a n d b e r g et a l . W CRF 0.2' BG LS #719 1" IPF 0.4' AG 12" IRF FLUSH DISTURBED 100 Highland Terrace n/f W.N. Baker Trust 34" IPF 0.1' AG DISTURBED Swale - > Swale - > We l l N 81°51'06" E 80.00' S 63°1 2 ' 5 7 " W 9 2 . 0 0 ' CRP CRP CRP POTENTIAL HOUSE 1250± SF POTENTIAL DRIVEWAY 2 0 ' 20' FR O N T Y A R D S E T B A C K 10 ' 10' 10' SIDE YARD S E T B A C K 20 ' F R O N T Y A R D SE T B A C K 20' FRONT YARD S E T B A C K 10' SIDE YARD S E T B A C K 20 ' F R O N T Y A R D S E T B A C K 10 ' 10' 10 ' S I D E Y A R D S E T B A C K W POTENTIAL WELL LOCATION 20 ' 20' WIDE UTILITY EASEMENT IN FAVOR OF LOT 1. TO BE CENTERED ON EXISTING SEWER LINE. 22171 1" = 40' April __, 2024CEA 802-864-2323 FAX: 802-864-2271 web: www.cea-vt.com 10 MANSFIELD VIEW LANE, SOUTH BURLINGTON, VT 05403 CIVIL ENGINEERING ASSOCIATES, INC. A C E P1 Eric Sample 25 & 55 Highland Terrace, South Burlington, VT PROPOSED 2 LOT SUBDIVISIONRECEIVED FOR RECORDING IN THE LAND RECORDS OF THE CITY OF SOUTH BURLINGTON, VERMONT, AT______________ O'CLOCK ON THE ______ DAY OF __________, 20_____. ATTEST: ____________________________, CITY CLERK APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTH BURLINGTON, VERMONT, ON THE _____ DAY OF _____________, 20____, SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS _____ DAY OF ______________, 20______. BY ___________________________________, CHAIRPERSON To the best of my knowledge and belief this plat depicts the results of a survey conducted by me as described in "Survey Notes" above, based upon our analysis of land records and evidence found in the field. Existing boundaries shown are in substantial conformance with the records, except as noted. This plat is in substantial compliance with 27 VSA 1403, "Recording of Land Plats". This statement valid only when accompanied by my original signature and seal. _________________________________ Timothy R. Cowan VT LS 597 - Survey Notes - 1.Purpose of this survey is to retrace, subdivide, monument and document an existing parcel of land deeded to ERIC SAMPLE by warranty deed dated July 20, 2016 and recorded in Volume 1334 at Page 18 of the City of South Burlington Land Records. Other neighboring property lines and buildings shown MAY be approximate only, and are shown for information purposes only. 2.Field survey was conducted June 2022 and consists of a closed-loop traverse utilizing an electronic total station instrument. Bearings shown are from Grid North, Vermont Coordinate System of 1983, based upon our GPS observations on or adjacent to the site (Reference Frame NAD83 (2011, Epoch 2010)). 3.Iron pipes shown as “found” are typically labeled with inside diameter, rods with outside diameter, unless otherwise indicated. Condition of pipes, rods and markers found are “good” or "fair" unless otherwise noted. Corners denoted “Set” typically consist of 5/8” diameter rebar capped with aluminum disks stamped “Civil Engineering Assocs. - VT LS 597 & VT LS 109314”, typically set flush with existing grade. 4.Not being within the scope of this survey, Civil Engineering Associates, Inc. has conducted no investigation whatsoever respecting whether or not the property and each component thereof is in compliance with state or local permits. 5.Utilities shown do not purport to constitute or represent all utilities located upon or adjacent to the surveyed premises. Existing utility locations are approximate only. Buried utilities shown are depicted based solely on surface indications. Actual locations may vary. Contact Dig Safe (888-344-7233) prior to any construction. 6.Parcels lie in the Southeast Quadrant Neighborhood Residential Zoning District. 7.Vermont Agency of Transportation Highway Project NRS-140, October 1933. - Referenced Plats or Plans - A."Plan of Land Belonging to C.B. Hoskam", by James R. Ogden, dated July 26, 1969. Map Slide 93, South Burlington Land Records. B."Survey of the Lands of Algimantis & Neringa Shalna" by McCain Consulting, Inc. dated April 18, 2008. Map Slide 535-2, South Burlington Land Records. C. "Survey and Subdivision of the Lands of Algimantis & Neringa Shalna" by McCain Consulting, Inc. dated August 12, 2010. Map Slide 547, South Burlington Land Records. Existing Fence Existing Gravel Existing Well Existing Sewer Manhole Existing Utility PoleExisting Setback Line Subject Property Line Iron Rod/Pipe Found W S SO . B U R L I N G T O N WIL L I S T O N Above / Below Grade Now or Formerly Capped Rebar Proposed AG/BG n/f - Legend - Proposed Lot Line Proposed Setback Line IRF/IPFProposed Easement Line CRP Capped Rebar SetCRS DRA F T 4/16 / 2 4 S Approx. Existing Sewer LOCATION MAP NOT to SCALE PROJECT LOCATION 116 116 W POTENTIAL WELL CATEGORY ZONING STANDARDS EXISTING STANDARD SETBACKS REAR YARD ZONING REQUIREMENTS: ZONING DISTRICT:SOUTHEAST QUADRANT NEIGHBORHOOD RESIDENTIAL - SEQ-NR 30' FRONT YARD 20' LOT SIZE SIDE YARD 10' 9,500 S.F. (MIN.) N/A 23'± 25'± 58,820± S.F. PROPOSED N/A 23'± 25'± 42,700± S.F. SITE COVERAGE BUILDING ONLY 20% (MAX.) TOTAL 40% (MAX.) 4% 9% 5% 12% LOT 1 PROPOSED LOT 2 16,120± S.F. N/A 56'± 12'± 8% 18% AS-SHOWNAS-SHOWN P: \ A u t o C A D D P r o j e c t s \ 2 0 2 2 \ 2 2 1 7 1 - S a m p l e \ 1 - C A D D F i l e s - \ d w g \ 2 2 1 7 1 - P L A T . d w g , 4 / 1 7 / 2 0 2 4 1 1 : 3 9 : 3 9 A M , g c a r t e r Eric Sample25Highland TerraceTrees and Plantings lot lines Lot 1 June6,2022 Eric Sample Eric Sample Willow Willow Locust Maple Pin Oak Apple Birch Maple MapleMaple Maple Maple Lilac Native Perennials PeonesHosta Heuchera Lorem ipsum Drawing 2 Trees and Plantings Rose Garden Willow Eric Sample Location Map Option Agreement This Option Agreement (the “Agreement”) is by and between MICHAEL J. ANDERSON and KELLY L. LORD (“Anderson and Lord”), of South Burlington Vermont, and ERIC SAMPLE (“Optionee”) and is made and entered into as of the date of execution by the last party to execute this Agreement (the “Effective Date”). Background 1. Optionee owns a parcel of land with improvements thereon located at 25 and 55 Highland Terrace, South Burlington. Optionee’s property is located in the SEQ – Neighborhood Residential District under the City of South Burlington Land Development Regulations (the “LDRs”) and qualifies as a “Receiving Area” for the transfer of development rights (TDRs”) under Section 19.03 of the LDRs. 2. Anderson and Lorde hold one or more TDRs on a parcel of land containing 11.4 acres, more or less, located at 127 Hidden Meadow Lane in South Burlington, Vermont (the TDR land). The TDR land is located in the Southeast Quadrant Natural Resource Protection subdistrict and qualifies as a “Sending Area” for TDRs under Section 19.02 of the LDRs 3. Optionee is seeking to subdivide his parcel of 1.37 acres into two parcels of 1 acre and .37 acres. 4. Anderson and Lord and Optionee enter into this agreement in order to grant Optionee the exclusive option and right to purchase one (1) TDR from Anderson and Lord, pursuant to Article 19 of the LDRs, subject to the terms and conditions of this Agreement. NOW, THEREFORE, In consideration of the foregoing and mutual covenants and agreements herein set forth the parties hereby agree as follows: Section 1. Grant of Option. Anderson and Lord hereby grant to Optionee the exclusive right and option (the “Option”) to acquire one (1) TDR from Anderson and Lord (the “Anderson and Lord TDR”). Under the LDRs, up to 10,000 square feet of additional lot coverage beyond the maximum allowed corresponds with 0.83 acres of land. Section 2. Option Payment. On the effective date of this Agreement, Optionee shall pay an option payment of One Thousand Dollars ($1,000) as consideration for the grant of the option to purchase the Anderson and Lord TDR (the “Option Payment”), to be held in escrow by Eric Sample’s attorney. Except as provided herein, the Option Payment shall be refunded to Optionee, except in the case of default by the Optionee as set forth in Section 15 (a) but shall be applied as credit against the purchase price in the event that the Optionee exercises the Option. Section 3. Term of Option. The Option granted to Optionee to purchase the Anderson and Lord TDR shall be for a term (the “Term”) that shall commence on the effective date of this agreement and shall terminate at 12:01 AM on May 1st 2024 provided however that Optionee may extend the Term up to ninety (90) days by written notice to Anderson and Lord prior to the initial Expiration date if purchaser has applied for but not yet received all permits and approvals for the project. Section 4. Exercise of Option. Optionee may exercise its option for one (1) TDR if at all, at any time during the Term, as it may be extended, by written notice mailed to Anderson and Lord on or before the Expiration Date at the following address, postage prepaid, return receipt or by overnight delivery: Michael Anderson and Kelly Lord 1435 Spear St. South Burlington, Vt 05403 Michael Anderson and Kelly Lord . The date that Optionee mails its written notice to Anderson and Lord is hereinafter defined as the “Exercise Date.” Section 5. Optionee’s Obligations. Optionee shall be solely responsible for preparing and recording a Conservation Easement and Deed of Severance and initiating and pursuing all proceedings before every regulatory authority, including the South Burlington Development Review Board necessary to effectuate Optionee’s acquisition of the Anderson and Lord TDR or any portion thereof under this Agreement and shall pay all costs and expenses associated therewith. Section 6. Purchase and Sale. In the event the Optionee exercises the Option provided herein, the parties shall proceed with the purchase and sale of the Anderson and Lord TDR according to the remaining terms and conditions of this agreement. Section 7 Purchase Price. The purchase price for the Anderson and Lord TDR shall be Fourteen Thousand Dollars ($14,000) (the “Purchase Price”), as it may be adjusted pursuant to Section 11 of this Agreement, payable in cash, certified funds, check drawn on an attorneys IOLTA account or bank wire at the Closing (as defined below) upon transfer of title to Optionee. The Option Payment paid pursuant to Section 2 shall be applied as a credit against the Purchase Price payable at the Closing. Section 8. Closing. The closing and transfer of title (the “Closing”) shall take place at a mutually agreeable location within thirty (30) days of the Exercise Date, or on such earlier date as the parties may mutually agree. Section 9. Title. Optionee shall cause title to the Anderson and Lord TDR to be examined and shall notify Anderson and Lord in writing on or before the Exercise Date of the existence of encumbrances and defects in the title that are not excepted in this agreement and which render Optionee’s use of the Anderson and Lord TDR unusable for the Project. Anderson and Lord shall use good faith reasonable efforts to remove such defects. If, on the date set for closing, Anderson and Lord are then unable to convey the Anderson and Lord TDR in such a condition that it would be usable for the project, Optionee in full satisfaction of Optionee’s obligations hereunder, shall either: (a) Accept such title to the Anderson and Lord TDR as Anderson and Lord can convey without reduction in the Purchase Price: or (b) Terminate this Agreement in which case Anderson and Lord shall refund the Option payment two Optionee and all further rights and liabilities of the parties hereto by reason of this agreement shall terminate. As used herein “unusable for the Project" shall mean that the TDR is encumbered by liens, is legally defective or the City of South Burlington Development Review Board, the City of South Burlington Planning and Zoning Office or the City of South Burlington City Attorney has issued a written determination that the Anderson and Lord TDR may not be used to increase the lot coverage for the project for any reason including without limitation because of the existence of liens or encumbrances of record, including, without limitation, any zoning, subdivision, Act 250 or other land use law violations which may subject the Optionee to an enforcement action were claimed by any permitting authority exercising jurisdiction over the Anderson and Lord TDR or any protective covenants and/or easements which substantially impair the Anderson and Lord TDR for Optionee’s intended purposes. Anderson and Lord covenant and agree with Optionee that during the Term, and if exercised by Optionee, until the closing date, they shall not sell, convey encumber or take any other action that shall render the TDR legally defective. Any breach of this covenant shall be a default under this agreement entitling Optionee to pursue all legal and equitable remedies for damages incurred by Optionee. Section 10. Transfer Documents. Anderson and Lord shall deliver to Optionee, at the closing against payments of the Purchase Price, in a form satisfactory to Optionee and its counsel, as needed, the following: (a) A deed, sufficient to convey good and marketable title to the Anderson and Lord TDR and complying with the requirements of the LDRs. (b) A completed Vermont Property Transfer Tax Return. (c) In the event the sale of the Anderson and Lord TDRs are not exempt from Land Gains Tax, a certificate issued by the Vermont Department of Taxes certifying the amount of the Vermont Land Gains Tax due pursuant to the provisions of 32 V.S.A. 10001 et. seq. or certifying no such tax is due on account of the transaction contemplated by this Agreement. (d) A partial discharge and/or termination statement for any existing mortgage, security interest, lien or encumbrance on the Anderson and Lord TDR or TDR land. (e) Such affidavits, reports and agreements as may be required by the company issuing title insurance to Optionee and to the institution providing financing to Optionee if any, to permit such title insurance company to issue the title insurance policy without standard exceptions for mechanic’s liens or parties-in-possession. (f) A survey depicting the location of the Anderson and Lord TDR in suitable form for recording in the South Burlington Land Records and meeting the requirements of the City of South Burlington for the conveyance of the Anderson and Lord TDR. Such survey shall be prepared at Seller’s cost and expense. Section 11. Adjustments to Purchase Price. All real estate taxes, personal property taxes, and other municipal charges shall be prorated as of the date of the Closing. Apportionments shall be made in accordance with the then prevailing practice in Chittenden County, Vermont, it being expressly understood and agreed however, that the real estate taxes assessed by the City of South Burlington shall be apportioned based on the fiscal year for which such taxes are collected. Should any tax charge or rate be undetermined on the date of the Closing, the last determined tax, charge or rate shall be used for the purposes of apportionment; provided, however, that such apportionment shall be subject to later adjustment between the parties when the actual amounts of any such tax, charge or rate is finally determined, if the cumulative adjustment exceeds five hundred dollars (US $500.00) Section 12. FIRPTA Certificate. Unless Anderson and Lord provide a certificate and affidavit at Closing complying with the provisions of 26 U.S.C 1445 (FIRPTA). Optionee may withhold from the payment of the purchase price and shall pay to the US Internal Revenue Service an amount equal to fifteen percent (15%) of the Purchase Price. Section 13. Vermont Non -Resident Withholding Tax. Unless Anderson and Lord provide a certificate complying with the provisions of 32 V.S.A. 5847, Optionee may withhold from the payment of the Purchase Price and shall pay to the Vermont Department of Taxes an amount equal to two and one-half percent (2.5%) of the purchase price. Section 14. Vermont Property Transfer Tax and Land Gains Tax. Anderson and Lord and Optionee shall execute and deliver such Vermont Property Transfer Tax and Vermont Lands Gains Tax forms as may be required by the State of Vermont. Optionee shall pay the Vermont Property Transfer Tax due on the transfer all of the Anderson and Lord TDR and Anderson and Lord shall pay the Vermont Land Gains Tax, if any. Unless Anderson and Lord provide Optionee with their certificate at Closing complying with the provisions of 32 VSA 10007 or proof that the proposed transaction is exempt from Vermont Land Gains Tax, Optionee may withhold from the Purchase Price and shall pay the Vermont Department of Taxes an amount equal to ten percent (10%) of the Purchase Price. Section 15. Default and Termination. (a) If after the Exercise Date, Optionee shall fail to complete the purchase as provided herein for any reason other than for the reasons set forth in section 9 herein, Anderson and Lord may terminate this Agreement, retain the Option Payment and pursue all legal and equitable remedies provided by law. (b) If after the Exercise Date, Anderson and Lord shall fail to complete said sale as provided herein for any reason, or are otherwise in default, Optionee may receive back the Option Payment and pursue all legal and equitable remedies provided by law, including, without limitation, damages and/or specific performance. (c) In the event that a legal action is instituted rising out of a breach of this Agreement the prevailing party shall be entitled to reasonable attorneys’ fees and costs. Section 16. Successors and Assigns. This agreement shall bind and inure to the benefit of the parties hereto and their respective representatives, successors and assigns. Section 17. Governing law. This agreement shall be governed by and construed in accordance with the laws of the State of Vermont, without giving effect to such jurisdiction’s principles of conflict of laws. Section 18. Notice of Option. Anderson and Lord shall execute, acknowledge and deliver to Optionee a Notice of Option in form acceptable to Optionee which may be recorded by Optionee in the City of South Burlington Land Records. Section 19. Assignment by Optionee. It is expressly understood and agreed that Optionee may assign its rights under this Agreement to any entity which is owned by Optionee or its members upon providing Anderson and Lord with adequate information to enable Anderson and Lord to consent to said assignment, which consent shall not be unreasonably withheld. Section 20. Entire Agreement: Amendment. This Agreement embodies the entire agreement and understanding between the parties related to the subject matter hereof and there are no covenants, promises, agreements, conditions or understandings, oral or written, except as herein set forth. This Agreement may not be amended, waived or discharged except by an instrument in writing executed by the party against whom such an amendment, waiver or discharge is to be enforced. Section 21. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Section 22. Captions: Headings. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience. They do not define, limit, construe or describe the scope or intent of such sections, nor in any way affect this Agreement or have any substantive effect. Section 23. Incorporation by Reference. All exhibits hereto and the terms contained therein are made part of this Agreement and the contents thereof are hereby incorporated by reference. Section 24. Survival. All the terms, conditions, covenants and representations of this Agreement shall survive the Closing and execution of the Density Reduction Easement and the Transfer of Development Rights and shall be in full effect and enforceable after the Closing. DATED this day of November, 2023. _______________________________ Michael J. Anderson STATE OF VERMONT COUNTY OF CHITTENDEN This instrument was acknowledged before me on ____________________, by Michael J. Anderson. Before me: __________________________________ Notary Public, State of Vermont Print Name: Commission No: Commission expires: DATED this day of October, 2023. _______________________________ Kelly L. Lord STATE OF VERMONT COUNTY OF CHITTENDEN This instrument was acknowledged before me on ____________________, by Kelly L. Lord. Before me: __________________________________ Notary Public, State of Vermont Print Name: Commission No: Commission expires: DATED this day of October, 2023. _______________________________ Eric Sample STATE OF VERMONT COUNTY OF CHITTENDEN This instrument was acknowledged before me on ____________________, by Eric Sample. Before me: __________________________________ Notary Public, State of Vermont Print Name: Commission No: Commission expires: June 11,2014 James Sandberg,Environmental TechnicianEssexRegionalOfficeDrinkingWaterandGroundwaterProtection Division111WestStreetEssexJct,VT 05452-4695 Re:Water Supply and Wastewater Disposal System Designerís Certification & Installation CertificationLisaGuerreroandEricSample9HighlandTerraceSouthBurlington,VTWW-4-4141 (Pin:EJ13-0365) Dear Jim: We have completed our inspection of the new water and wastewater service lines that were installed in April andMayof2014at9HighlandTerrace,South Burlington,VT,and per item 2.1 of WW-4-4141,I am providing writtencertificationofthefollowing: I hereby certify that in the exercise of my reasonable professional judgment the installation-relatedinformationsubmittedistrueandcorrectandthatthepotablewatersupplyandwastewatersystems wereinstalledinaccordancewith:the permitted design and all permit conditions;or record drawings and suchrecorddrawingsareincompliancewiththeapplicablerules,were filed with the Secretary,and are inaccordancewithallotherpermitconditions;were inspected;were properly tested,and have successfully metthoseperformancetests. Sincerely, Dean A.Grover,PE Cc:Eric Sample and Lisa Guerrero Z:\Active\13015-Polli-Guerrero\WW\WW_Sys_Install_Cert 5_27_2014.DOC 4,292 218.0 Natural Resources Atlas Vermont Agency of Natural Resources 3,251 © Vermont Agency of Natural Resources 165.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Meters165.00 NOTES Map created using ANR's Natural Resources Atlas LEGEND 82.00 vermont.gov DISCLAIMER: This map is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. ANR and the State of Vermont make no representations of any kind, including but not limited to, the warranties of merchantability, or fitness for a particular use, nor are any such warranties to be implied with respect to the data on this map. May 29, 2024 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1" = 271 1cm = 33Ft.Meters Private Wells GPS Located Screen Digitized E911 Address Matched Welldriller/Clarion Unknown Location Method Incorrectly Located Parcels (standardized) Roads Interstate US Highway; 1 State Highway Town Highway (Class 1) Town Highway (Class 2,3) Town Highway (Class 4) State Forest Trail National Forest Trail Legal Trail Private Road/Driveway Proposed Roads Town Boundary 61870: 45 GPM 43192: 10 GPM 39896: 50 GPMQ-12: 60 GPM 332: 60 GPM N-12: 12 GPM WRN 44: 75 GPM Tag Yield