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HomeMy WebLinkAboutBATCH - Supplemental - 0000 Dorset HeightsNo Text OC�'T/Ojy IYoOP Adle D4RJZ 7- III-ld/'�j rS cAelrINs ANo�ttivs tt�tois Eccwo,wau Doestr I,* EEO , oRs r r- s rmrz �I FG �NOI�IOtC W ORSZr :S'P-ALwss DFMErPS In accordance with subdivision regulations sections 201 and 502, the Estate of Howard H. Shields, Robert E. Cummings Jr. trustee, and Arthur F. Shields agent, is filing an application, and a written statement designating thier intentions for a Subdivision in the Town of South Burlington. The parcel to be subdivided is located on the easterly side of Dorset Street just north of Chittenden Cider Mill. Said parcel is located on the attatched map of the Town of South Burlington. The total acreage to be divided is 65.1 acres from a survey done by Harris Abbott of Essex Junction, and the subdivision plan was drawn by the Allen Organization of Bennington, Vermont. The plans call for six lots, the first five being 10.1 acres_ in size and lot number six being 11.0 acres. The remainder of the land will be reserved for a sixty foot right of way to serve the roadway and the utilities. There will be protective covenants governing the subdivision for the protection of the owners and for the protection of the Town. Copies of the cotmnants are enclosed. These covenants will be incorporated into the deeds conveyed by the Estate. The Estate is requesting a variance in the subdivision re- gulation to allow for a private roadway to be constructed to serve the purposed subdivision. Through the Covenants the owners will be responsible for the maintainance and seevkc- ing of the road. It is further written that the owners will be liable for any cost incurred in upgrading the purposed road to Town standards, should they ever in the future petition the Town to accept the road as a Town road. It is the intent of the owners to bring to South Burlington a large acreage subdivision to maintain the country atmosphere of the surrounding area. They feel that it is in the best interest of South Burlington, and that there is a demand for a subdivision of this nature. It will provide residents with a country mode of living yet in close proximity to the Univer- sity, Medical Center, and the business area of Burlington. ARTICLE V Section 503 Plan Data A. Dorset Heights B. There are two sections that apply to the purposed subdivisions 1. there are some trees on the property, on the south easterly boundary of the parcel where it widens in the middle. 2. Telephone and electric lines run adjacent to the property on Dorset Street. New lines will be installed in the right of way. C. Dorset Street adjoins the property, and we could not ob- tain from the town engineer the grade of Dorset St. at that particular location. Lot sizes are drawn on the plan. D. The owner of the property is the Estate of Howard H. Shields: of Bennington, Robert E. Cummings Jr. Trustees and Arthur F. Shields as agent. Harris G. Abbott of Essex Junction Land Surveyors Allen Organization of Bennington is the Land Planner. E. Not applicable F. n/a G. Residential A one acre minimum H. Noted on the plan I. n/a J. The roadway intended to serve Dorset Heights is planned as a private road with a 60, right of way and a road surface of 18' wide. There will be a 15"-18" compacted gravel surface with drainage ditches on the sides. Where the road connects with Dorset Street, a culvert, the size deemed necessary by the Town engineer will be installed. K. Noted on the plan ___ ­ _W �&. JJ.iv\I1 MY 1. The following covenants, restrictions, and reservations are hereby made applicable to all lots, 1-6, in the Real Estate development known as Dorset Heights in the Town of South Burlington, county of Chittenden, and state of Vermont. Said covenants, restrictions, and reservations are hereby imposed upon said property for the purpose of maintaining an orderly and rural atmosphere, for the protection of the Town of South Burlington, and for the protection and well being of the in- dividual owners of Dorset Heights. 2. Owner as here after used shall include both singular and plural and shall also include heirs, successors, or assigns. Owner shall in each instance refer to the recorded owner or owners as shown in the land records of the Town of South Burlington. 14 LAND USE 1. No lot shall be used except for permanent residential purposes, and no more than one single family with a private garage, carport or other appropriate outbuildings shall be permitted upon any lot. 2. No lot shall be subdivided for sale or otherwise except for the enlargement of an adjoining lot, and in such event there shall be no more than six houses built on Dorset Heights. 3. No structure of a temporary nature, including, but not limited to trailers, basements, tents, shacks, or any other such struct- ure shall be used on any.lot at any time for dwelling purposes. 4. No building shall be occupied during the construction thereof and the exterior of no building or dwelling shall be left un- finished for more than one year from the date of commencement of construction. 5. No noxious or offensive activity of any nature may be carried on upon the lots, nor shall anything be done thereon which may - become an annoyance to the neighborhood, nor shall any use there- on be permitted which is noxious or dangerous to the health or wellbeing of any individual. All trash, garbage, and other waste shall be kept in sanitary containers, which shall be maintained in a sanitary condition at all times. 6. Dogs, cats, or similiar household pets may be kept on any lot, but large farm animals, horses or cattle shall be limited to two animals per five acres owned. Said large animals shall be fenced. ___,__ __ ,.p..-- vvrcaaculva au.Lu at:.5-uricTilons SEWAGE DISPOSAL AND WATER SYSTEMS 1. Sewage disposal shall be located entirely upon the lot on which the house that it serves is constructed. All such sewage disposal systems shall be designed, constructed, and maintained in ac- cordance with the standards and recommendations of the State of Vermont Department of Health. 2. Each individual owner shall be responsible for his own water supply system. Each system shall meet State Health Department standards. ROADWAYS 1.The main roadway serving Dorset Heights will be constructed as a private roadway with each owner df a Dorset Heights property a 116 owner in the roadway. Each owner further is equally responsible for the maintainance and upkeep of the road. 2. It is further declared that each owner will be equally respon- sible for any improvements necessary to upgrade the private road to Town standards, should the owners, ever in the future, petition the Town of South Burlington to accept the private road as a Town road. MI SCELLANEOU S 1. The zoning restrictions or ordinances of the Town of South Burlington applicable to residential districts as from time to time in effect shall apply in addition to the specific re- strictions and controls as set forth in these covenants. Where these covenants are more restrictive, they shall govern. 2. The determination by any court that any provision of this Declaration is unenforceable by law or is void shall not effect the validity of any of the other provisions. For information regarding Dorset Heights please contact: Arthur Shields days; 864-7537 eve. : 878-8478 WN OF bUUIH BURLINUTON CHITTENDEN COUNTY, VERMONT is T. Wl.wk, AS REVISED AND ADOPTED FEBRUARY 28, 1964 RESIDENCE INDUSTRIAL DISTRICT "A" DISTRICT "B" RESIDENCE BUSINESS DISTRICT "B DISTRICT "A" To win"'A' INDUSTRIAL BUSINESS DISTRICT "A DISTRICT "B" PLANNED DISTRICT T° flisrli.gtcon , It T. ll-fiwt.. "a I'B-.2LINGTON L-J--", - -:6— I F 0-1 NIS ti yOti EKE 28 �32' 9516' S 737-45 E I ECONOMOU 1245 94' N If*- 36 -40" J�.�_ CROSS,yR D/ 60' R. 0. W. 76z r 1347.91' S 830-02'-30" Bar S 82 00. iA M 0 ti LOT / 9. A ACRES � � Zoe" �' 7 10 L�9" %, w h� 30 � 1346.60' S 83•-18'-20" + o ,/ y spy �`�►r • �• co d? r LOT 2 9. FO ACRES z : w ,rj \91 ti ° -90. M cD t� .1 M f ey 1318.26' S 83e-34'-13" E bb 27.00' d' cn n E— — psi. S C HMUCKER _ _ �2 w j U-) N U)0 0,N NOTE This lot layout is based on perimeter survey by Harris G. Abbott, L.S., and on North line as Indicated by Arthur Shields. Bearings based on magneric North from Abbott's r I LEGEND 0 Existing Iron pipe 0 Existing marble monument 0 Propos,^d Iron p!pa V Prop, -sod concrote monument Ci 25d 500' FALKENBERG CITY CLERK'S OFFICE So. Burlington, Vt. 1-A ) R i9 %/ Received for record at e3 o'ciod _-M.j and recorded in Vol.- ? 0 of S—on page,' f s 4 Attest � � Gny Gnilt( 60, R. 0. W. RESERVED FOR FUTURE ROAD E 459.79 ��• S 77•-46'-00" E 830. 12' Olt. LOT 3 - - - — /0 0/ ACRES 1281 69' S 82e-53-00 E LOT 4 /0 04 ACRES 75 47' -oE LOr 5 /0.02 ACRES 1269 23' S 82•-53-00' E L07" S /0 /6 ACRES S 62e-53'-00" E CHITTENDEN i h „L LO N Co 1000 N U0� 8 90. M WRIGHT sow w hrn M ti z to [Y p M 00 Itt. OD 00 90. M '<P0, 's, s. LOT LAYOUT REVISION °'A DORSET HEIGHTS South Burlington---tirermoi COLBURN OUSTINOFF CORP. REGISTERED LAND SURVEYORS Winooski, SITE PLANNERS Ve—,int fool. 1 =207 det.Sept., 1970 survey bv.06:' ch. by %� dr"wr, by P p101.0 no7015 LAW OFFICES OF i JOHN T- EWING 86 ST, PAUL STREET BURLINGTON, VERMO(]NT 05401 JOHN T. EWING July 13, 1970 RICHARD A SPOKES Robert M. Janes, Town Manager Town of South Burlington 555 Dorset Street South Burlington, Vermont 05401 Dear Bob: I am enclosing a draft of the proposed Dorset Heights Agreement. Please let me know if you wish any changes. Very truly yours, ohn T. Ewing JTE/p Enc. AREA CODE 802 863-2877 A G R E E M E N T THIS AGREEMENT made this day of July, 1970, by and between the TOWN OF SOUTH BURLINGTON, hereinafter ,referred to as the TOWN, and ROBERT E. CUMMINGS, JR., Successor Trustee u/w/o HOWARD H. SHIELDS, hereinafter referred to as the DEVELOPER. WHEREAS, Developer has applied to the Town for subdivision approval for a development to be known as Dorset Heights, located on the easterly side of Dorset Street in the Town, and WHEREAS, the Town of South Burlington, acting through its Planning Commission, is willing to accept said application, subject to certain conditions hereinafter set forth. NOW THEREFORE, it is hereby agreed as follows: 1. The lots to be sold in said subdivision by Developer shall have a minimum area of at least 10 acres, and the deeds to said lots shall contain a covenant prohibiting any subdivision of said lots by subsequent owners. 2. Developer will deed to the Town, by Warranty Deed free of all encumbrances, a 60 foot right of way for an east to west road and a north to south road, as shown on a subdivision plan submitted to the Planning Commission June 9, 1970. 3. Developer will pave the east to west road to a width of 30 feet, and the north to south road to a width of 24 feet, with proper drainage ditching to control surface water, all in accordance with the approval and requirements of the Town Engineer. F -2- 4. All items in the Memorandum of William J. Szymanski, Town Engineer, dated June 9, 1970 shall be met, unless inconsistent with the other provisions of this Agreement. 5. Developer will convey to the Town a drainage easement across Lot No. 1 shown on said subdivision plan, the location to be determined by the Town Engineer. 6. The conveyance of streets and the drainage easement shall be accomplished forthwith; the completion of the improve- ments specified herein shall be accomplished within months from the date hereof. 7. For the guarantee of the performance of all require- ments set forth herein, Developer shall deliver to the Town a bond as required by the Subdivision Regulations of the Town, in the principal amount of $ 8. The Town will waive the requirements of the Sub- division Regulations concerning storm drainage, curbing and sidewalks, and the Developer hereby waives, for himself, and his heirs, successors and assigns, including the owners of lots to be conveyed by the Developer, any rights under the Ordinances of the Town for the installation of such improvements. 9. Developer waives any claim that he might have that the Town has failed to act upon the application of the Developer for the approval of said subdivision. IN WITNESS WHEREOF, the parties have executed this Agree- ment the date above recited. -3- TOWN OF SOUTH BURLINGTON BY: Duly authorized agent ROBERT E. CUMMINGS, JR., Successor Trustee u/w/o Howard H . Shields LEGAL DESCRIPTION OF LAND TO BE KNOWN AS DORSET HEIGHTS A vacant piece or parcel of land situated on the easterly side of Dorset Street in the Town of South Burlington: containing 65.47 acres of land from a survey dated 1-12-70 by Harris Abbott of Essex Junction. Starting at a stake on the south westerly corner of the parcel and running in a northerly direction along Dorset Stree for a distance of 687.149" to a stake; thence turning at right angles and running in an easterly direction for a distance of 2697.180" bounded to the north by Economou Farms Inc. to a stake and then turning at near right angles and running in a southerly direction a distance of 1363.1188" and bounded to the east by Wright, to a stakes then turning at near right angle and running in a westerly direction for a distance of 1334.118" to a stake, bounded to the south by Chittenden; then turn- ing at near right angles and running in a northerly direction a distance of 736.'13" bounded to the west by Schmucker and Falkenberg, to a stake, and turning at near right angles and running in anwesterly direction a distance of 1318.926" to the south western boundary marker, the point of origin. This is bounded to the south by Schmucker and Falkenberg. f On / (Y yy", \� L` CC6 tz C' )'t t Vkc 1 O R D I N A N C E AN ORDINANCE TO AMEND "THE SOUTH BURLINGTON ZONING ORDINANCE BY CREATION OF AN ADDITIONAL AREA OF RESIDENTIAL DISTRICT A". The Selectmen of South Burlington hereby ordain: Section 1. The South Burlington Zoning Ordinance adopted February 28, 1964, and the official zoning map adopted in connection therewith is hereby amended by changing the land use of the following des- cribed land from Planned District to Residential District A. A parcel of land situated on the easterly side of Dorset Street, containing 65.47 acres, starting at a stake on the south-westerly corner of the parcel and running in a northerly direction along Dorset Street for a distance of six hundred eighty-seven feet forty nine inches(6871.49") to a stake; thence turning at right angles and running in an easterly direction for a distance of two thousand six hundred ninety-seven feet eighty inches (2697'.80") bounded on the north by Economou Farms, Inc., to a stake and then turning at near right angles and running in a southerly direction a distance of one thousand three hundred sixty-three feet eighty eight inches (13631.88") and bounded on the east by Wright, to a stake; then turning at near right angle and running in a westerly direction for a distance of one thousand three hundred thirty-four feet eighteen inches (1334'.18") to a stake, bounded on the south by Chittenden; then turning at near right angles and running in a northerly direction a distance of seven hundred thirty-six feet thirteen inches (736'.13") bounded on the west by Schmucker and Falkenberg, to a stake, and turning at near right angles and running in a westerly direction a distance of one thousand three hundred eighteen feet twenty-six inches (1318'.26") to the south western boundary marker, the point of origin. This is requested by Arthur Shields of Williston, Vermont. Section 2. This ordinance shall take effect from its passage. Approved 1970 Charles H. Behney, Chairman Gregory L. Premo Raymond E. Stearns r! Frederick G. Blais James C. Pizzagalli SOUTH BURLINGTON BOARD OF SELECTMEN The Estate of Howard H. Shields requests that the follow - provisions for the construction of the roadway to serve the subdivision of Dorset Heights be accepted as part of the subdivision plan and that the usual subdivision regulations regarding roadways be waived. The Estate agrees to Deed to the Town of So. Burlington the roadway serving Dorset Heights subdivision after the following conditions have been met to the satisfaction of the Town Engineer. A. The roadway to be constructed will be 20' inwidth and will be constructed with the aid and advice of the Town Engineer with regard to grade, base composition, and storm drainage. The roadway will be left unpaved as explained later. `.['he roadway is to be constructed in the 60' ROW as shown on 'Ghe study plan, running along the northerly side of the property as requested by the commission, running in an easterly direct- ion a distance of 1345' then turning at right angle and running in a North South direction a distance of 1070' and ending in a cul-de-sac as requested. B. The Estate further agrees to Deed to the Town a 60, R0W the remaining 1280, on the Northern boundary for the eventual extension of said East - West Road. C. The Estate further agrees to post a bond to cover the expense of paving and curbing said roads, for a five year period, during whicg time the Town must decide and construct the roadway linking Dorset St. and Hinesburg Rd. using the previously mentioned roadbed. The five year period shall begin from the acceptance of this plan, and at the expiration of the five year period, the bond shall be returned to the Estate and the Estate shall be relieved of any further obligation. D. It is also further understood that should any developer wish to use this newly purposed roadway for access to their property and to use it as the Town road to conform to sub- division regulations, they shall pay to the Estate of Howard H. Shields at the rate of $ 3.50 per foot as their share in the expense of the construction of the roadway. ,W'J April 72 1969 1, ZYGRWAY Claus 2 - hj,wny 0 fait the W"I A" CC to won"' Qatm "U"M •03 Waldc UK cubjOst to approval by Wo 2own toad Ono Untarialz pust camnd'lWlgnay awnpi7 wt:�"m Aghudy "i, zdLa GJ. wasu to or PMau staudaylQ rovo!., :7, '7 co � 2� ��) :-f UiUJ 20'-- 0 12 -------- CLASS 2--- HIGHWAY QJ i TEE [_1;`ti Gar' i 10-',,,A?_ O O rQ O T \ r'1 4- il! JIf JC. �EIG 1 I1 S DR!,IN GE A „r Di,l (Jm : U,,S. ( 1134 3 i\1 E. !, y S EA LEVEL v O Ir } Tr`'NN SOYU Th BURLINGTONi TT [I G��'�iYVEF%MONT�1G�1 )Si<SL: f' 1LIGH 'IS October 27, 1971 Foulsham Farms Real Estate 1100 Dorset Street South Burlington, Vermont 05401 Attention: Mr. Arthur Shields Dear Mr. Shields: This is to advise that the South Burlington Planning Commission has approved your request to set off four (4) five acre lots in the Dorset Heights area. Stipulating that no lots be sold until the roadway is properly graded to the City Engineers" require- ments. Also the revision must be recorded in the office of the City Clerk, Very Truly, Richard Ward Zoning Administrator RW/j } TOWN OF SOUTH BURLINGTON, VERMONT MEMORANDUM TO: PLANNING COMMISSION RE: DORSET HEIGHTS PLAN REVISION "A" FROM: WILLIAM J. SZYMANSKI, TOWN ENGINEER DATE: JUNE 9, 1970 - 1. The sharp jog at the intersection of the two streets will require two sharp curves in the road alignment. A small piece of Lot 3 should be included in the road R.O.W. to eliminate this jog. 2. The N-S road should be extended to the southerly property 1 line to eliminate the cul-de-sac in the future. / 3. If.curbs and paving is postponed, the road base should be constructed to the full width of the future traveled way'(30'). The temporary traveled way should have a double tack coat_'8urface' 24' in width. 4. The agreement for access to the street for adjacent property owners should be similar to the Water Department agreements with rate set by the Town Engineer. F 0 M E M O R A N D U M TO: _ Planning Commission - --� FROM: Richard Ward Code Officer SUBJECT: Dorset Heights DATE: May 6, 1970 Location: Easterly side of Dorset Street bounded by Economou, Chittenden, Schmucker, Falkenberg and Wright. Parcel zoned residential A to a depth of 300 feet and planned district. Parcel involved contains 65.4 acres to be subdivided into six (6), ten (10) acre lots. South Burlington Zoning requirements: Section 5.10 Use regulation okay Section 5.20 Lot area requirements, minimum over one acre Section 5.21 Frontage requirements, 150' Print shows lots fronting on Dorset Street with over 300 foot frontage. Four (4) lots would not comply with Article XII, Section 12.40 (lots would not front on accepted streets). Note: Subdivision Requirements Section 403, Street requirements, Subsection B,. does not allow private streets. ----- ` TOWN OF SOUTII BURLINGTON, VERMONT M E M O R A N D U M TO: PLANNI14G CO14MISSIOII RE: DORSET HEIGHTS FROM: WILLIA21 J. SZYMANSKI DATE: MAY 4, 1970 I have reviewed this proposed development and have the following comments: 1. Section 202, C, Percolation tests Not Complied With 2. Sec. 401, Master Plan The Master Plan shows an east -west :road in this area. Old town Road Plans show an east -west road in this area. 3. Sec.40:3, Streets Private Streets - the developer requests a variance to this paragraph. This should not be permitted. Past experience proves that the town ends up maintaining these streets. 4. Dead-end Street, Section 405 Not Complied With 5. Sec. 503,P1an Data (b) There is a natural water course., principal trees, wood area, power lines, in this area. (c) Not Complied With - It is not the responsibility of the Town Engineer to furnish a developer elevations as stated in the applicants written statement. (f) Not Complied With () Not Complied With (j) Not Complied With J DECLARATION OF PROTECTI-VE COVIENANTS RESERVA 1ION S & RESTRICTIONS DORSET H IMETS SOUTH BURLINGTON fo'101111,13 and reservations are llorQoy made applicablo to :L©ws, 1-6, in the Real Estate esc ve.L pment 1. zown as Dors�:';, Ici;;x.ts in the Tou of South �t /�r1`'. we: n �i�;.7, ti.ate of Vermont. Said c3©'`Jenz,�,A"1-Cs, :::,-,d are hereby imposed Up0:: S4.iC U'.?erty fo.� t?f e r irooc; o maintaining an o—derly say rural atmosphere, ap."YFi:^@, of �:: pro"GC)�:`i on off" the Town of South and for the ,protection and cell being of the 1:i-- dividual owners of Dorset ITeighto. G. OT' i Car as here a1''`Gs;3A usod ; hall include �'i`�otlh ► lg ingular and Plural' and ch ll alto Include heirs, sacs cszors, or assigns. Owno :the .1 in each instance refer to 'ii@ recorde6 O'J' aer or Ov,Aler s as sh►ova. 1n the land records of the Town of South aarlin,;ton. L.%ND USE No lot shall be used excel iar �3orranea:t resl4Qntiwl pux;�os-0, a,.d no mor a �iihan one ►i3i�1@ fail 6 w;J th a. privy ` e garage, ca.r po�''�: or othoz appropriate ou''�:►uulldirgs shall be permitted upon any lot. 2. No lot shall be subdivided for sale or otherwise except for the enlargement of ar. adjoining lot, and 1n such event there shall be no more than six houses built on Dorset Heights. 3. No structure of a temporary nature, including, but not limited to trailers, basements, tents, shacks, or any other such struco— ure shall be used on any lot at any time for dwelling purposes. 4. No building shall be occupied during the construction thereof and the exterior of no building or dwelling shall be left un- finished for more than one year from the date of commencement of construction. . No noxious or offensive activity of any nature may be carried on upon the lots, nor skull anything be done thereon which may become an annoyance to the neighborhood, nor shall any use there- on be permitted which is noxious or dangerous to the health or wellbeing of any individual. All trash, garbage, and other waste shall be kept in sanitary containers, which shall be maintained in a sanitary condition at all times. 6. Dogs, cats, or similiar household pets may be kept on any lot$ but large farm animals, horses or cattle shall be limited to two animals per five acres owned. Said large animals shall be fenced. r , Continued Dorset Heights Covenants and Restrictions SEWAGE DISPOSAL AND WATER SYSTEMS 1. Sewage disposal shall be located entirely upon the lot on which the home that it serves is constructed. All such sewage disposal systems shall be designed, constructed, and maintained in accordance with the standards and recommendations of the State of Vermont Department of Health. 2. Each individual owner shall be responsible for his own water supply system. Each system shall conform to State Health standards. MISCELLANEOUS 1. The zoning restrictions of the Town of South Burlington applicable to residential districts as from time to time In effect shall apply in addition to the specific restrict- ions and controls as set forth in these covenants. Where these covenants are more restrictive they shall apply. 2: The determination by the court that any provision of this Declaration is unenforceable by law or is void shall not effect the validity of any of the other provisions. The Estate of Howard H. Shields requests that the follow - provisions for the construction of the roadway to serve the subdivision of Dorset Heights be accepted as part of the subdivision plan and that the usual subdivision regulations regarding roadways be waived. The Estate agrees to Deed to the Town of So. Burlington the roadway serving Dorset Heights subdivision after the following conditions have been met to the satisfaction of the Town Engineer. A. The roadway to be constructed will be 20' inwidth and will be constructed with the aid and advice of the Town Engineer with regard to grade, base composition, and storm drainage. The roadway will be left; unpaved as explained later. The roadway is to be constructed in the 60, ROW as shown on the study plan, running along the northerly side of the property as requested by the commission, running in an easterly direct- ion a distance of 1345' then turning at right angle and running in a North South direction a distance of 1070' and ending in a cul-de-sac as requested. B. The Estate further agrees to Deed to the Town a 60, ROW the remaining 1280' on the Northern boundary for the eventual extension of said East - West Road. C. The Estate further agrees to post a bond to cover the expense of paving and curbing said roads, for a five year period, during whicg time the Town must decide and construct the roadway linking Dorset St. and Hinesburg Rd. using the previously mentioned roadbed. The five year period shall begin from the acceptance of this plan, and at the expiration of the five year period, the bond shall be returned to the Estate and the Estate shall be relieved of any further obligation. D. It is also further understood that should any developer wish to use this newly purposed roadway for access to their property and to use it as the Town road to conform to sub- division regulations, they shall pay to the Estate of Howard H. Shields at the rate of $ 3.50 per foot as their share in the expense of the construction of the roadway. TOWN OF SOUTH BURLINGTON 555 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 Tel. 863-2891 April 7, 1970 Mr, Terrance Je Boyle 86 Ste Paul Street Burlington, Vermont Dear Mr, Boyle: Transmitted with this letter are the Ordinance materials for Dorset Heights and University Mall materials. Please have the Advisory Committee review the material and give general comments on both plans and your committeels recommendations, in writing via my office (863-2891), to the South Burlington Planning Commission by April 14, 1970. Thanks. Yours truly, Robert Me nes Town Manag r RMJ/lf LAW OFFICES OF JbHN T. EWING • 86 STPAUL STREET BURLINGTON, VERMONT 05401 JOHN T EWING September 3, 1970 AREA CODE 802 RICHARD A SPOKES 863-2877 Robert M. Janes, Town Manager Town of South Burlington 555 Dorset Street South Burlington, Vermont 05401 Dear Bob: I am enclosing the revised Dorset Heights Agreement. I talked with Art Shields, and we have eliminated any agreement concerning future reimbursement of the cost of the road. He told me that the east to west road was to be paved to a width of 24 feet, not 30, and the agree- ment is so worded on the assumption that he is correct. Please let me know if you wish any further changes. Very truly yours, John T. Ewing JTE/p Enc. A G R E� E M E_ N_ T THIS AGREEMENT made this ---day of September, 1970 by and between the TOWN OF SOUTH BURLINGTON, hereinafter referred to as the TOWN, and R©BERT E. CUMMINGS, J]R., Successor Trustee u/w/o HOWARD H. SHIELDS, hereinafter referred to as the DEVELOPER. WHEREAS, developer has applied to the Town for subdivision approval for a development to be known as Dorset Heights, located on the easterly side of Dorset Street in the Town, and WHEREhS, the Town of South Burlington, acting through its Planning Commission, is willing to accept said application, subject to certain conditions hereinafter set forth. VOW THEREFORE, it is hereby agreed as follows: 1. The -lots to be sold in said subdivision by Developer shall have a minimum area of at least 9 acres, and the deeds to said lots shall contain a covenant prohibiting any subdivision of said lots by subsequent owners, except for the purpose of enlarging the area of adjacent lots. No more than 6 houses shall be erected in said development. 2. Developer will dead to the Town, by Warranty Deed free of all encumbrances, a 60 foot right of way for an east to west road and a north to south road, as shown on a subdivision plan submitted to the Planning Commission June 9, 1970. 3. Developer will pave the east to west road to a width of 24 feet, and the north to south road to a width of 24 feet, each road to have 4 foot shoulders on each side, with proper drainage ditching to control surface water, all in accordance A G R E E H E N T THIS AGREEMENT made this — ---- day of September, 1970 by and between the TOWN OF SOUTH BURLINGTON, hereinafter referred to as the TOWN, and ROBERT E. CUMMINGS, JR., Successor Trustee u/w/o HOWARD H. SHIELDS, hereinafter referred to as the DEVELOPER. WHEREAS, Developer has applied to the Town for subdivision approval for a development to be known as Dorset Heights, located on the easterly side of Dorset Street in the Town, and WHEREAS, the Town of South Burlington, acting through its Planning Commission, is willing to accept said application, subject to certain conditions hereinafter set forth. NOW THEREFORE, it is hereby agreed as follows: 1. The lots to be sold in said subdivision by Developer shall have a minimum area of at least 9 acres, and the deeds to said lots shall contain a covenant prohibiting any subdivision of said lots by subsequent owners, except for the purpose of enlarging the area of adjacent lots. No more than 6 houses shall be erected in said development. 2. Developer will deed to the Town, by Warranty Deed free of all encumbrances, a 60 foot right of way for an east to west road and a north to south road, as shown on a subdivision plan submitted to the Planning Commission June 9, 1970. 3. Developer will pave the east to west road to a width of 24 feet, and the north to south road to a width of 24 feet, each road to have 4 foot shoulders on each side, with proper drainage ditching to control surface water, all in accordance -2 with the approval and requirements of the Town Engineer. Said paving will be centered in the 60 foot right of way. The east to west road shall commence in the easterly line of Dorset Street and proceed easterly an approximate distance of 1405 feet, and the north to south road will thence proceed in a southerly direction to Lot No. 6 an approximate distance of 1100 feet, all as shown more particularly in the above referred to subdivision plan. 4. All items in the Memorandum of William J. Szymanski, Town Engineer, dated June 9, 1970, shall be met, unless inconsistent with the other provisions of this agreement. 5. Developer will convey to the Town a drainage easement across Lot No. 1 shown on said subdivision plan, the location to be determined by the Town Engineer. 6. The conveyance of streets and the drainage easement shall be accomplished forthwith; the completion of the improve- ments specified herein shall be accomplished within 24 months from the date hereof. 7. For the guarantee of the performance of all requirements set forth herein, Developer shall deliver to the Town a bond as required by the Subdivision Regulations of the Town, in the principal amount of $17,500.00. 8. The Town will waive the requirements of the Subdivision Regulations concerning storm drainage, curbing and sidewalks, and the Developer hereby waives, for himself and his heirs, :successors and assigns, including the owners of lots to be _3_ conveyed by the Developer, any rights under the Ordinances of the Town for the installation of such improvements. 9. Developer waives any claim that he might have that the Town has failed to act upon the application of the Developer for the approval of said, subdivision. IN WITNESS WHEREOF, the parties have executed this Agreement the date above recited. TOWN or SOUTH BURLINGTON BY: Duly a iM5r—ize agent`" - - ONE CUMMING , JR . ,� -- - --- Successor Trustee u/w/o Howard F1. Shields For information regarding Dorset Heights please contact: Arthur Shields daysi 864-7537 eve. 1 878-8478 SOUTH BURLINnTON LEGAL NOTICE SUBDIVISION HEARING The South Burlington Planning Commission will hold a public hearing at the South Burlington Middle School Library, Dorset Street, South Burlington, Vermont on Tuesday, May 12, 1970, at 7:30 P.M. to con4er the following: The appeal of Arthur Shields of 1 100 Dorset Street for ap- proval of a subdivision of a parcel of land into six (6) lots, situated on the easterly side of Dorset Street, bounded on the north by Economou Farms, on the east by Wright and on the south by Chittenden and Schmucker, as per plan on file in the office of the Town Manager. James A. Lamphere, Chairman South Burlington Planning Commission