HomeMy WebLinkAboutBATCH - Supplemental - 0000 Sugartree LaneJune 24, 1982
'pilot Properties, Inc.
15 Brickyard Road
Essex Junction, Ver:7cnt 05452
i4 Re: Sugar Tree
Dear Jerry:
Be advised that the Planning Ccnmtission nas granted your request for anot►,r year.
extension to ,your permit for 34 eondwinium units off Kennedy Drive.
Your permit will expire on 7/22/84, all conditions of the original approval w,
1
remain in effect.
If you have any questions please don't hesitate to call ne.
Very truly,
Richard Ward,
Zoning Administrative Officer
W/mcg
MEMORANDUM
To: South Burlington Planning Commission
From: David H. Spitz, City Planner
Re: Next week's agenda items
Date: 6/18/82
2) Couillard
Final survey data for this 1-lot subdivision has been provided. A Sep,.,...
system must still be designed to State and City health requirements before a
building permit may be issued, but this is not a prerequisite for final plat_
approval.
`'here is a noticeable construction business on Mr. Couillard's property,
but there is a reasonable separation between the location of that business
the proposed new lot. If the Commission wishes, there can be a stipu;_atic)n
that ,.,) new outside storage will be permitted within 65 feet (or some specif i_.
di- m any portion of the newly -created lot.
3) 5az rtree
This 34-unit project was originally approved on 7/2/80 with an exiirati..:1
date of 7/22/82. Two months ago the applicant requested a two year �_�tensio,
howev(r, the Planning Commission was only willing to grant one year. �'he
applicant again is requesting the extension for the second yeas, and his reason,
are given in the attached letter.
4) Green Mountain Power
As described in the last memo, this will be an informational review (no
action is required) of Green Mountain Power's proposed new corporate headqua
on Cr`en Mountain Drive.
i;.-eliminary traffic data was sent out with the last memo and will be ex-
plaiiw l at Tuesday's meeting.
5) 0\/(�r .lake
This application for two additions (40x60 and 40x40) to a warehouse has
already received Zoning Board approval for a dimensional varinace. The applicant
states that no new employees or traffic will result from the additional ware-
house space.
The site already is well landscaped, and some new plantings will be added.
My only concern is at the southwest portion of the property where the
parking lot apparently is being expanded (the landscaping plan shows this, but
not the site plan). At a previous approval it was stipulated that a drainage
Swale in this area should be adequately maintained. The location of the swale
and any changes in drainage should be accurately identified.
6) F' :' yet Rent -a -Car
This applicant received site p iar; .cl>t�roval last rronth, however, he is
April 28, 1982
Gerald C. Milot
Milot Properties, Inc.
15 Brickyard Road
Essex Junction, Vermont 05452
Dear Gerry,
The South Burlington Planning Commission has granted a one year extension
of permits for your Sugar Tree project on Kennedy Drive. The new expiration date
is July 22, 1983.
Sincerely,
David H. Spitz,
City Planner
DS/mcg
F/LG
MILOT PROPERTIES, INC.
Real Estate Development
15 Brickyard Road Essex Junction Vermont 05452 Telephone (802) 879-0200
June 8,,1982
City of South Burlington
Dorset Street
South Burlington, VT 05401
ATTENTION: David Spitz, City Planner
Dear David:
I hereby request an additional one-year extension to my permit for
34 condominium units on Kennedy Drive in a project known as,Sugar-
tree. The reason for this request is that the instability of tie--
economy at this time does not allow me to project the absorption of
my existing projects within the next two years without compounding
that problem by being forced to start a new project. If it makes
no difference to the Planning Commission or the City, I would prefer
to have the flexibility of not having to start my project within
the next 12 months.
Sincerely,) (i
. , XW--
Gerald C. Milot
GCM/mak
MILOT PROPERTIES, INC.
Real Estate Development
15 Brickyard Road Essex Junction Vermont 05452 Telephone (802) 879-0200
South Burlington
South Burlington
Dorset Street
South Burlington,
April 23, 1982
Planning Commission
City Offices
Vermont 05401
ATTENTION: David Spitz, City Planner
Dear David:
As per our telephone conversation, I hereby request
an extension of the start date on my Sugartree Project
on Kennedy Drive in South Burlington. I believe the date
to start this project under the existing permit runs out
as of July 1982. I would like this date extended until
July of 1984. Economic conditions have not allowed for
the absorption of as many condominium units into the market
as I had anticipated when I originally acquired the permits
on Sugartree. I had planned to build this project shortly
after permits were received, however, obligations to other
projects required that I devote my attention in those areas.
Although the economy seems to be very flat at this time,
I expect that we will have an upturn within the next two
years which will allow me ample time to start construction
on this project.
If you have any questions or problems with this,
please notify me. If I could hear whether or not the
Planning Commission has extended this permit as soon as
possible, it would be of great assistance to me.
Sincerely,
Gerald Milot
GCM/rb
SOUTH BURLINGTON SCHOOL DISTRICT
SOUTH BURLINGTON, VERMONT 05401
FREDERICK H. TUTTLE OFFICE: SOUTH BURLINGTON HIGH SCHOOL
Superintendent 560 Dorset Street
LAWHENCE E. LECOURS
Assistant Superintendent
September'll, 1980
Mr. Stephen S. Page
DuBois and King, Inc.
159 Pearl Street
Essex Junction, Vermont 05452
Re: Sugartree Condominiums
Dear Steve,
At their regular meeting on September 10, 1980, the South Bur-
lington School Directors voted that your project, as outlined in
your letter dated August 19, 1980 would not place an unreasonable
burden on this municipality to provide educational services.
Because of the concern for the safety of our students, it is
requested that sidewalks be provided in conjunction with the roads
to be constructed. This will allow students to walk safely to and
from bus stops. I am enclosing a copy of our transportation policy
for your information. Please note item #4 under the administrative
guidelines - "Buses will not be routed over private roads."
The following school information may be of assistance as you
or your associates meet with prospective clients:
Grades K-5
Grades 6-8
Grades 9-12
Chamberlin School
White Street
South Burlington
Middle School
500 Dorset 'Street
South Burlington
High School
550 Dorset Street
South Burlington
If you have any questions regarding the above, please do not
hesitate to contact me.
Sincerely yours,
Frederick H. Tuttle
Superintendent of Schools
FIIT:cl
enc.
✓cc: Mr. David Spitz
Mr. Lawrence LeCours
Mr. Leo Brown
All Building Principals
*Dut4 +Nurlington Nire Department
f 575 Barnet street
i*out4 Nurlington, Vermont 05401 1
August 27,1980
Mr. Dave Spitze
South Burlington City Planner
1175 Williston Road
South Burlington, Vermont 05401
Dear Dave,
OFFICE OF
JAMES W. GODDETTE, SR.
CHIEF
The fire department has reviewed a set of plans on the 34 unit
Sugar Tree development fo construction on Kennedy Drive. If the
facilities are installed as shown on the plan marked revised 8/11/80
the department will be able to give proper fire protection.
If for any reason changes are made on the road way, location of
fire hydrants, water service to hydrants, plans must be reviewed
by this office.
If you have any questions please feel free to call me at 863-6455.
Sincerely
J es W. Goddette Sr. Chief
cc; Steve Page Dubois& King
Susan Cain District Coordinator Act 250
July 31, 1980
Mr. Stephen Page
Dubois & King
159 Pearl Street
Essex Junction, Vermont 05452
Dear Steve:
This letter is formal notification that on July 22, 1980 the South
Burlington Planning w mission grantea final approval to Gerald i4ilot's
34-unit Sugar Tree development. Theproposed develoixient is in conformance
with South Burlington's Comprehensive Plan.
6incerely,
David H. Spitz,
City Planner
DS/gig
July 31, 1980
Stephen .'age
Dubois & King
159 Pearl Street
Essex Junction, Vermont 05452
Dear Steve,
Enclosed is a copy of the Planning Commission's final approval with
stipulations for Gerald Milot's 34-unit Sugar Tree development. In addition
to the listed stipulations please note the following requirements.
D1) Submission of two final blueprint sets (for any changea pages)
along with the final plat.
2) Completion of required changes in legal documents as per Steve
Stitzel's letter of July 23, 1980 to Carl Lisman.
3) Stipulation #6 has not been corrected. The plat should read
"50' x 100' R.U.Fv. to City of South Burlington."
j Sincerely,
David H. Spitz,
City Planner
I,)S/mcg
1 Encl.
DHS
7/22/80
FINDINGS OF FACT
AND/OR STIPULATIONS
For the Final Plat Application of Gerald IvIilot for a 34-unit condominium
project on Kennedy Drive, as depicted on an 11-page plan entitled "Sugar Tree
Condominiums, Final Plat," prepared by Dubois & King, last revised (front page)
5/5/80:
Stipulations:
1. The applicant shall comply with requirements of William Szymanski's memo
dated 7/18/80 regarding the sewage pumping station and sewer system.
2. The street shall be named "Sugar Tree Lane" and shall be so indicated on
the final plat.
3. The sidewalk shall be extended to the second driveway and shall be indicated
on the final plat.
4. Sewer allotment for this project is 7,000 gallons per day.
5. Recreation fee for this project is $2,200.
6. The easement to the adjacent City property shall be 50' x 100' and shall be
so indicated on the final plat. Revised wording for the easement shall be sub-
mitted to the City Attorney for approval.
t� _,,
7. A landscaping bond of $11,000 shall be provided. Additions to the lan sPing 1
plan, with emphasis on screening on the Treetops side, shall be made to correspond
to the bonding requirement.
8. This approval expires after 24 months.
9. The final plat, containing all approved changes as required above, shall be
recorded with 90 days.
MEMORANDUM
To: South Burlington Planning Commission
From: William J. Szymanski, City Manager
Re: Next Week's Agenda
Date: 7/18/80
2) Scanlon
i
1. The 60 foot strip along the north side of lot #2 should be extended
easterly to Dorset Street and shown as an easement for access to lot 1 and lot
3.
2. The master plan shows a through east -west street along the north side
of this property connecting to Old Cross Road. Potential buyers of these
lots should be made aware of these plans.
3. I would recommend a street, built to standards of Old Cross Road, be
built and became a city street.
4. There is a drainage -way across this property (lot 3) it should be shown
including a culvert under the driveway. The Engineer must check this culvert
to see if it is adequate to serve this subidivison.
3) Sugar Tree
1. Sewer pipe to be bedded in 3/8 crushed stone.
2. Delete dam in drop manhole.
3. Sewage pumping station should be 3 phase power if available.
4. Gate value in lift station for auxiliary puHV use should be at a
higher elevation.
5. Pump hoist must be provided.
6. Sewage pumping station controls shall include wiring the future connection
of emergency warning to police station.
7. A street light should be provided at entrance.
4) Pepsi
1. Stub in manhole in Allen Road should be shown on plan. It must be so
placed that it will not conflict with watermain when the sewer is extended easterly on
Allen Road.
2. Curbreturn on Allen Road shall terminate 16 feet from center of Allen
Road. Additional R.O.W. should be provided to accommodate a sidewalk at inter-
section with Allen Road.
3. Sanitary sewer to be bedded in 3/8 crushed stone.
4. Road gravel loose shall be 18 inches thick plus 6 inches of sand.
Material and prepavation of subgrade shall be approved by the City prior to place-
ment.
i�
Cite of South Burlington
WATER DEPARTMENT
400 DORSET STREET
SOUTH BURLINGTON. VERMONT 05401
TEL. 864-4361
July 16, 1980
Mr. Stephen Page
DuBois & King, Inc.
159 Pearl Street
Essex Junction, Vermont 05402
RE: Sugar Tree Condominums, Plans with revisions dated May 5, 1980
Dear Steve,
I have reviewed the above referenced plans and have approved them
as presented. However, I think the following items should be addressed
at this time.
1. There are a large number of water and sewer service crossings.
The contractor should fully realize that strict attention must
be given to maintaing the proper vertical and horizontal
seperation distances
2. Wherever the PVC lines cross under paved areas there shall
be a minimum of six (6) feet of cover over the pipe.
3. One (1) year after the system has been constructed and passed
the required tests than it shall be eligible for acceptance
by the City of South Burlington, exclusive of those lines
which are outside the easement envelope, and by such acceptance
be responsible for maintaining it. However, it should be
clearly understood that prior to acceptance into the distribution
system full responsibility for the maintenance and repair
of the system and related appurtenances shall rest with the
owner. Upon completion of construction, and prior to acceptance
into the distribution system, a set of reproducible As Built
drawings shall be submitted to the Water Department.
4. I have reviewed the procedure and data that Mr. Roger Dickinson
of your firm used to calculate the required fire flow for this
project. The data that he used to calculate the fire flow
capacity at the project site, 1200 GPM at a 20 PSI residual
pressure is consistent with fire flow data at this office as
it relates to the project area.
5. At least ten (10) days prior to the start of construction I
request a preconstruction conference with you and the contractor's
representative in attendance.
Sugar Tree Condomiums -2-
Should you have any questions concerning the above or if I may
be of further assistance please contact me.
Sincerely,
SOUTH BURLINGTON WATER DEPARTMENT
Robert L. Gardner
Superintendent
cc: Ed Blake
Bill Szymanski
Dave Spitz /
RLG/sb
PUBLIC HEARING
SOUTH BURLINGTON PLANNING COMMISSION
The South Burlington Planning Commission will hold a public
hearing at the South Burlington City Hall, Conference Room, 1175
Williston Road, South Burlington, Vermont on Tuesday, June 10 ,
1980. at 7:30 p.m., to consider the following:
Application by Gerald Milot for Preliminary Plat approval of a 34 unit
condominium project entitled Sugar Tree on Kennedy Drive. Land is bounded by
Treetops to the east, land of the City of South Burlington to the north and _
west, and by Kennedy Drive to the south.
Copies of the APpljo',Hnn are available
for public inspection at the South Burlington City Hall.
Sidney B. Poger
Chairman
South Burlington
Planning Commission
May 24, 1980
DHS
6/10/80
STIPULATIONS AND/OR
FINDINGS OF FACT
For the application of Gerald Milot for Preliminary Plat approval of a
34 unit condominium project on Kennedy Drive as depicted on a plan entitled
"Sugar Tree Condominiums, Preliminary Plat", last revised 5/5/80, prepared by
Ronald O'Bryan:
Stipulations
1) The applicant shall comply with requirements of William Szymanski's memo datea
6/6/80 regarding sewer system improvements, grade of the existing sidewalk, City
water department review, and a road opening permit.
2) If the existing City pedestrian trail is located within 50 feet of the applicant's
property, the trail shall be indicated on the final plat.
3) Legal documents shall be submitted at the time of final plat application and shall
include the following:
to tie COY MPOY
a) EasementRfor a 0' x 60' right-of-way at the front of the property.
b) Easements and bills of sale for water and sewer lines.
c) Private road agreement and waiver.
4) An approved street name shall be indicated.
5) Setbacks along the east property line shall be a minimum of 30 feet with an
undisturbed treed buffer of at least 20 feet.
6) Parking spaces shall be a minimum of 18 feet in length.
7) Sewer allotment for this project is 7,000 gallons per day.
8) Recreation fee for this project is $2200.
9) Landscaping information shall be submitted with the final plat.
MEMORANDUM
To: South Burlington Planning Commission
From: David H. Spitz, City Planner
Re: Next Week's Agenda
Date: 6/6/80
2) Sugar Tree Condominiums
Questions were raised during Council review about adequacy of water pressure
for fire service. This item will have to be resolved after input from Fire
Chief and Water Superintendent.
Existing pedestrian trail is located very close to the northwest of this
property. Trail location should be shown on plat to ensure there is no conflict.
Some parking spaces in front of garages appear a bit short (I measured
17' in front of #34 and several others). If the length of parked cars extends into
the defined roadway a safety hazard could result.
3) Farrell Company and Lozon
Proposal is for a new layout on a previously -approved 11-lot subdivision.
Roadway would be modified and number of lots reduced. Application to Planning
Commission is pending a Zoning Board decision on a use variance (light manufacturing
use in a commercial district).
MEMORANDUM
To: South Burlington Planning Commission
From: William J. Szymanski, City Manager
Re: Next Week's Agenda
Date: 6/6/80
2) Sugar Tree
1. Grade of existing Kennedy Drive sidewalk will be maintained.
2. Plans of sewage lift station shall be submitted for review and approval
prior to purchase of equipment. State review is also required.
3. Install stub in manhole of sewer along Kennedy Drive and extend westerly
past paved entrance.
4. Sewer along Kennedy Drive may conflict with newly planted maples. It may
have to be moved westerly.
5. Water Department to review water system layout.
6. Road opening permit to be obtained prior to removal of curb along Kennedy
Drive.
ENGINEERING & ENVIRONMENTAL SERVICES
April 7, 1980
Mr. Gerald Milot
159 Pearl Street
Essex Junction, Vermont 05452
RE: Conditional Use Application, Interim Zoning
Sugartree Condominiums
Kennedy Drive, South Burlington, Vermont
Dear Mr. Milot:
159 Pearl Street
Essex Junction, Vermont 05452
(802) 879-6567
As per your request, we have outlined below the results of our
evaluation of the capability of the existing water main on Kennedy
Drive to provide adequate water for fire protection purposes for the
above project. This evaluation was conducted through the use of
accepted engineering practices and standards.
The Guide for Determination of Required Fire Flow, published by
the Insurance Services Office, dated December 1974, was used in
developing the required fire flow for this project. This guide
incorporates many factors which can affect the required fire flow
including building construction, type of occupancy and exposures to
nearby structures. The required fire flow for the structures in this
project was calculated to be 1,000 gallons per minute (GPM). This was
based on a floor area of 1,152 sq. ft. per unit and the installation
of a tvo hour UL rated firewall between each unit.
Based on the fire flow test of an existing fire hydrant in
Treetops Condominiums on Kennedy Drive on July 5, 1978, the capacity
of the existing 12" water main on Kennedy Drive was calculated.
Allowing for 2,000 feet of 12" water main between Treetops Condominiums
and this project, the fire flow capacity at the project site was
calculated to be 1,200 GPM at a 20 PSI residual pressure.
In summary, the impact of this project on the fire protection
capabilities of the existing water main on Kennedy Drive was evaluated
and determined to be capable of providing the required fire flow for
this project.
Randolph, Vermont Essex Junction, Vermont Concord, New Hampshire
R _2_
Should you have any questions concerning the above or if we may be
of further assistance, please feel free to contact us.
Very truly yours,
DuBois & King, Inc.
_� urn✓ ��
Rog JV Dickinson, Engineer
RJD/rb
�IIut4 +�urlingtun Mire Drpttrtment
575 Unrset street
Knuth t3urlingtan, 14Ermnnt 05401
RItt f `jf-0eN
�A�yAGE[�'`-' prFIGE
CITY SO• RUR�"IxGTON
Dr. Paul Farrar Chairman
South Burlington City Council
1175 Williston Road
South Burlington, Vermont 05401
Dear Dr. Farrar,
OFFICE OF
JAMES W. GODDETTE, SR.
CHIEF
March 2191980
On Tuesday Yarch 18,1980 plans were reviewed on the Sugar Tree
Condominiums for construction on Kennedy Drivc marked revised 3/6/80.
To give proper fire protection the following must be done.
1. Install a looped water main and two (2) fire hydrants.
Location of hydrants to be located by the fire depert:rert.
If the cost of the water main is to high to loop it
through the property than the hydrants should come off
the main line on Kennedy Drive at diff-rent locations.
2. The main water line on Kennedy Drive should be tied in
by George Town Apartments so that the main is complete
be.1,efe- from Hinesburg Road to Williston Road. This will give
us the proper volume and pressure we need in that area.
If you have any questions please feel free to call me.
Sincerely
CI7l'E,� '(d .
es t:. Coddette Sr. Chief
PLANNING COMMISSION
FEBRUARY 12, 1980
The South Burlington Planning Commission held a regular meeting on Tuesday,
Februaru 12, 1980 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road
Members Present
Ernest Levesque, Vice Chairman; George Mona, Kirk Woolery, James Ewing
Members Absent
Sidney Poger, Chairman; Robert Walsh, Peter Jacob
Others Present
David Spitz, Planner; Gerald Milot, Steve Page, Michael Brassard, David Hillman,
Rob Eley, Free Press
Minutes of January 29, 1980
On page 2, in the last line of the third paragraph under the budget
discussion, the words "due to the cost of enforcement" should be added.
Mr. Woolery moved to improve the January 29, 1980 minutes and Mr. Mona
seconded the motion, which carried unanimously.
Sketch plan application by Gerald Milot for a 34 unit condominium project, called
"Sugar -Tree Condominiums" on Kennedy Drive at site previously approved for
Colony Office Park
Mr. Steve Page said the site was less than 5 acres and that 34 condominium
units were planned. The site is wooded and drops about 20' from Kennedy Drive
to the plateau in the rear. The units will be two bedroom townhouses and there
will be 4 buildings - 3 with 9 units and 1 with 7. There are 34 covered parking
spaces and 42 open spaces, which number exceeds the requirement. There will be
municipal water and sewer, with a pump station on this land. The water main along
Kennedy Drive will be extended another 600' west on the south side of the road.
It was noted that part of this plan was the same as approved for Colony
Office Park.
Mr. Page noted that the setback here equaled the setback on the Treetops
side of the common boundary. The units are two stories.
Mr. knot was not sure the contour lines as shown were exact and he felt it
might make sense to create building envelopes on the site, to let them have more
flexibility and not to force them to come to the Commission with every 4-5' change
in building location. He said they would allow 30' for the side yard setbacks.
There will be an easement for access to the city parkland and a flat area so cars
waiting to exit onto Kennedy Drive will have good sight distance and will find it
easier to get out.
Mr. Woolery felt this was a less intensive use than the offices and Mr. Ewing
felt it was more compatible with the neighborhood.
The developers are going to the Council for approval soon, so they will have
traffic information available at the next meeting.
It is about 350-400' between the Treetops emergency access and this access.
The developers were asked to find out the elevation of the beaver pond. They
said they would retain as many trees on the site as possible.
,vDut4 Nurlington Niee Department
575 Boraet street
*out4 igurtington, 13ermont 05401
OFFICE OF
JAMES W. GODDETTE, SR.
CHIEF
February 8,1980
Mr. David Spitz City Planner
City Of South Burlington,
1175 Williston Road
South Burlington, Vermont 05401
Dear Mr. Spitz,
On Wednesday February 621980 plans were reviewed by this
office on a new development called Sugar Tree to be built on
Kennedy Drive By Mr. Milot. Through the review the following
was found which should be required if we are to give proper
fire protection.
1. Install at least two (2) fire hydrants on property.
2. Because of the size of the development the water
system should be a looped or each hydrant be
on a seperate line off the main water line.
If you have any questions please feel free to call me at
863.-6455 .
Sincerely
ke;!. Goddette Sr. Chief
M E M O R A N D U M
To: South Burlington Planning Commission
From: David H. Spitz, City Planner
Re: Next week's agenda
Date: 2/8/80
2) Sugar -Tree Condominiums
Application will require City Council consideration under Interim
Zoning but is being presented to the Planning Commission first for Sketch
Plan comments.
Proposed 34 unit condominium project would replace previously approved
Colony Office Park.
Curb cut must line up with entrance to Windridge Apartments across
the street.
Previous stipulations, such as water line extension and level driveway
entrance, are relevant for this application, also.
3) The Partners
City Attorney has not been able to "manufacture" a solution to the
Williston Rd. sign controversy. A letter should be available by Tuesday's
meeting.
4) Other Business
Report on City Council's response to CI-C2 zoning and to Southeast
Quadrant and Development Management Policy chapters.
Report on recent correspondence between City Planner and City
Attorneys.
3) Sugar Tree
Major issues from preliminary plat review have been resolved. The fire
chief has approved an arrangement whereby the water system will not be looped
but an additional fire hydrant will be added on Kennedy Drive to insure adequate
safety. Also, street lights of the Town and Country variety have been located
on the map. And the trail location has been spotted and is off the applicant's
property.
A snow fence has been marked on the landscaping plan to insure tree
protection. A total development cost estimate must still be submitted to allow
determination of the landscaping bond.
Concerning potential access to the Ryan property - although such access,
does not appear likely to be used, the option should be kept open. A 50' by
100' easement (up from 30' by 60') would allow construction of a City street.
Wording of the easement is still being worked out.
Other changes to the plat - the sidewalk should be extended to the second
driveway; also, a street name should be indicated.
4) Farrell Company - (Pepsi)
a) Traffic. Improvements at intersection with Allen Road include wide
turning radii at the curb and a 250' passing lane on Allen Road. No improvements
have been proposed for Shelburne Road intersection. State has been consulted
and has responded that its normal review would be at Act 250. If the City wishes
to have an additional review it must make its own request to applicant to
undertake a traffic study and to provide any necessary road improvements.
b) Sidewalk. The applicant has not proposed a sidewalk.
c) Water system and fire protection. Previous subdivision proposal included
a looped water system. At present, this proposal does not. Fire Chief feels
looped system plus an additional hydrant may be necessary. Issue remains to
be resolved.
d) Pedestrian easement. Easement may follow CWD line, east property
line or any other suitable location. Ends of easement should align with
Allenbrook home easement and with an appropriate connection, if any, to the
Shelburne development.
e) Site plan. Details, including landscaping, drainage and utilities,
are incomplete. Other questions include length of loading dock and whether
setback to Counter property line is adequate (industrial rear yard requirement
is 50 feet). I do not feel that site plan submission has progressed far enough
to receive final approval.
5) Kranz
Application for a supermarket, drug store other couniercial spacesrestaurant,
and Fotomat kiosk was approved by Ctiy Council with stipulations in January
under interim zoning. Approval is valid for 6 months so applicant need not
be considered under new Cl-C2 zoning.
CITY Or SOUTH BURLINGTON
Subdivision Application - PRELIMINARY PLAT
1) Name of Applicant Gerald C. Milot
2) Name of Subdivision Sugartree Condominiums
3) Describe Subdivision (i.e. total acreage, number of lots or
units, type of land use, include gross floor area if comm-
ercial.) 4.85 acres; 34 two bedroom condominium units.
4) Indicate any changes to name, address, or phone number of
owner of recoid,applicant, or contact person since sketch
plan application: _N/A
5. Name, address, and phone number of:
a. En c i n e e r DuBois & King, Inc.,, 159 Pearl Street, Essex Jet . , VT 05452
879-6567
b. Surveyor Green Mountain Surveys, 4 Central Avenue, Essex Junction,
Vermont 05452 879-6275
C. Attorney --- -- -- -- --
d. Plat Desic:ner DuBois & King
-2-
6) Indicate any changes to the subdivision such as number of lots
or units, property lines, applicant's legal interest in the
property, etc., since this proposal was last before the
Commi s s ion: None
7) List
names and mailing
addresses of owners of record
of all cont-
igous
properties: City
of South Burlington, 1175 Williston
Road
Treetops Homeowners Association 1795 Williston P,oad
8) State title, drawing number, date of originFl plus any revisions,
and designer(s) of the preliminary map(sJ'acbompanying this appli-
cation:
Sheet 1/3 Sugartree Condominiums, preliminary plat, Ronald O'Bryan,
1/11/80, revised 5/5/80; Sheet 2/3, Suga.rtree- Condominiums, Site Plan, DuBois &
King, 4/7/80; Sheet 3/3, Sugartree Condominiums, Site Plan, DuBois & King, 5/7/80.
9) Attach a preliminary map showing the following information:
1) Proposed subdivision name or identifying title and the name
of the city.
21 Name and address of owner of record, subdivider and designer
of Preliminary Plat.
3) Number of acres within the proposed subdivision, location
of property lines, structures, watercourses, wooded areas,
and other essential existing physical features.
4) The names of all subdivisions im-nediately adjacent and the
names of owners of record of adjacent acreage.
5) The location and size of any existing sewers and water
mains, culverts and rains on the property or serving the
property to be subdivided.
6) Location, names and widths of existing, and proposed streets,
private ways, sidewalks, curb cuts, paths, easements, parks
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and other public or privately maintained open spaces as
well as similar facts regarding adjacent property.
7) Contour lines at intervals of five feet, based on United
States Geological Survey datum of existing grades and also
of'proposed finished grades where change of existing ground
elevation will be five feet or more.
8) Complete survey of subdivision tract by a licensed land
surveyor.
9) Numerical and graphic scale, crate and true north arrow.
10) Details of proposed connection with existing water supply
or alternative mans of providing water supply to the
proposed subdivision.
11) Details of proposed connection with the existing sanitary
sewage disposal system or adequate provision for on -site
disposal of septic wastes.
12) If on -site sewage disposal system is proposed .� location
and results of tests to ascertain subsurface toil, rock
and ground water conditions, depth to ground water unless
pits are dry at depth of five feet; location and results
of percolation tests.
13) Provisions for collecting and discharging storm drainage
in the form of drainage plan.
14) Preliminary designs of any bridges or culverts which may
be required.
15) The location of temporary markers adequate to enable the
Commission to locate readily and appraise the basic lay-
out in the field. Unless an existing street intersection
is shown, the distance along a street from one corner of
the property to the nearest existing street intersection
shall be shown.
16) All parcels of land proposed to be dedicated or reserved
for public use and the conditions of such dedication or
reservation.
10) Developmental timetable (including number of phases, and start
and completion dates) A construction phase, to start
to be completed
- 11) List the waivers applicant desires from the requirements
of these regulations:
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12) Attach a vicinity map showing the following:
1) All existing subdivisions, approximate tract lines and
acreage of adjacent parcels, together with the names of
the record owners of all adjacent parcels of land, namely,
those directly abutting or directly across any street ad-
joining the proposed subdivision.
2) Locations, widths and names of existing1filed or proposed
streets, curb cuts, easements, building lines and alleys
pertaining to the proposed subdivision and to the adjacent
properties as designated in paragraph 1 above.
3) An outline of the platted area together with its street
system and an indication of the future probable street
system of the remaining portion of the tract, if the
Preliminary Plat submitted covers only part of the sub -
divider's entire holding.
.
(signature) applicant or contact person sate
CITY OF SOUTH BURLINGTON
Subdivision Application - FINAL PLAT
I Name of Applicant Cj1=V &CC) (- AML G (
II Name of Subdivision
III Indicate any changes!to name, address, or phone number of
owner of record, applicant, contact person, engineer, sur-
veyor, attorney or plat designer since preliminary plat
application: %40 tlll�
IV Indicate any changes to the subdivision, such as number of lots
or units, property lines, applicant's legal interest in the
property, developmental timetable, since preliminary plat
application
V Attach a final plat drawing (originals not needed) showing the
following information:
(1) Proposed subdivision name or identifying title, the name
and address of the record owner and subdivider, the name,
license number and seal of the licensed land surveyor, the
boundaries of the subdivision and its general location in
relation to existing streets or other land marks, scale
(numerical and graphic), date and true north arrow.
(2) Street names and lines, pedestrial ways, lots, reservations,
easements, and areas to be dedicated to public use.
(3) Sufficient data acceptable to the City Engineer to determine
readily the location, bearing and lenath of every street line,
lot line, boudary line and to reproduce such lines upon the
around. Where applicable these should be tied to reference
points previously established by the city.
t
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(4) The length of all straight lines, the deflection angles,
radii, length of curves and central angles of all curves,
tangent distances and tangent bearings for each street.
(5) By property designation on such Plat, all public space
for which offers of cession are made by the subdivider
and those spaces title to .ahich is reserved by him.
(6) Lots within the subdivision nu-abered in numerical orcer
within blocks, and bloc-s lettered in alphabetical order.
(7) The location of all o_ the ii7,vio ovements re -erred 'Co in
Section 301.1tand in adcition thereto the location of
all utility poles, sewage disposal s�lstemns, water supply
systems and rough gra6ing ane other c7evices and ;ietnoos
of draining the area affecting the su,D,-7ivision. +M-F4
(8) Permanent reference m_:; onuents sho-.,m thus: and lot
corner _ iarhers shoran thus: "O".
(9) Construction drawings of all :.-equired i�rovements.
VI _7nclose supi�orting cocul-iants listed Belo;a or request that t'_1ey
be reauirec as a condition of final plat approval:
(1) Copies of oroposed ceeds, agreements or other cocu-.;�nts
showing the manner in which open space, including mart
and recreational areas and school site areas, are to be
dedicated, reserved and maintained and a certificate of
the City Attorne-� that these documents are satisfactory.
(2) A certificate of the City :Izcineer as to the satisfactory
cor.Dletion of all inarovemnents recuired bv, the Co:wmisSion,
or, in lieu of any required i_-,provements not so co oleted,
a performance bond to secure completion of such improvements
and their iaaintenance for a period of two years, and
written evidence that the Citv Council is satisfied
either with the bonding or surety company or with security
furnished by the subdivider.
i
(3) A copy of such covenants or dead restrictions as are in-
tended to cover all or part of the tract.
(4) A prospectus describing the management organization if one
is required.
(5) In the case of a subdivision or cevelopment served by a
privately o:rned and/or maintained street:.
(a) a copy of all proposed deeds, agreements, or other
documents which convey or relate to the use of a
privately owned strut or right-of-way, and a certi-
fic-te of the City Attorney that these docu_iients are
satisfactory.
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(b) a completed contract between the lanCio•;mer and the
city regarding the number of lots or dwelling units
to be served by the proposed right -of -;.ay or private
street and the responsibility for the roadway maint-
enance, along with a certificate of the Ci--7 tittorney
that the contract is satisfactory.
(sicna--k-ure) applicant or contact person c
V
CITY OF SOUTH BURLINGTON
Subdivision Application - SKETCH PLAN
1) Name, address, and phone number of
a. Owner of record C C,
169c�T
X SGT V7 E5--Z g-xl --7/ �S
b. Applicant
c. Contact person
e a
Ict
2) Purpose, location, and nature of subdivision or development,
including number of lots, units, or parcels involved as well
as proposed use(s).
3) Applicant's legal interest in the property (fee simple,
option, etc)
4) Namesof owners of record of all contiguous properties
CA:- SO. f3ogc . ,
-T PAE�L-M?�, co" Pa �Aoc= "
5) Type of existing or proposed encumbrances on property such as
easements, covenants, leases, rights of way, etc.
�, O. W , -T?2 C.IT� ?A,0KLA kT-,>
i
-2-
i
6) Proposed extension, relocation, or modification of
municipal facilities such as sewerage, water supply,
streets, storm drainage, etc.
It
7) Describe any actions taken by the Zoning Board of Adjustment,
or previous actions by the South Burlington Planning Com-nission,
which affect the proposed subdivision anvinclude dates:
8) Attach a sketch plan showing all information required under
items 2 through 7 on p. 5 of the Subdivision Regulations.
signature) applicant or contact person d e
FOR OFFICE USE
- submission of application and sketch plan to administrativeate
officer
- this proposal is classified as a major or minor subdivision
- application deemed complete
- proposal tentatively scheduled for first Planning Commission meeting on
Confirmed For
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DECLARATION OF CONDOMINIUM
OF
SUGARTREE CONDOMINIUM
ARTICLE I
SUBMISSION: DEFINED TERMS
Section 1.01. Submission of Property; Creation. Gerald C.
Milot and Marsha Milot, husband and wife, of Burlington, Vermont,
and their successors and assigns (together, the "Declarant"),
owner in fee simple of the following described lands located in
the City of South Burlington, County of Chittenden and State of
Vermont (the "Land"), hereby submits the Land, together with all
easements, rights and appurtenances thereto (the "Property"), to
the provisions of Chapter 15 of Title 27 of the Vermont Statutes
Annotated, known as the Vermont Condominium Ownership Act (the
"Act"), and hereby creates with respect to the Property a
condominium, to be known as Sugartree Condominium (the
"Condominium"):
Being a piece or parcel of land, with all buildings,
structures and improvements thereon, and more particularly
described as follows:
Being at a survey pin in the northerly line of Kennedy
Drive,which point marks the southwesterly corner of
property now or formerly of Investors Corporation of
Vermont and the southeasterly corner of the property
described herein; thence proceeding S59°49'35"W a
distance of 178.92 feet along the northerly line of
Kennedy Drive to a point marking the southwesterly
corner of the property described herein and the
southeasterly corner of property now or formerly of the
City of South Burlington; thence turning to the right
and proceeding N39143'10"W a distance of 500.00 feet
along property now or formerly of the City of South
Burlington to a point marking the northwesterly corner
of the property described herein; thence turning to the
right and proceeding N58115'35"E a distance of 600.00
feet along property now or formerly of the City of
South Burlington to a point in the southerly line of
property now or formerly of Fire District No. 2; thence
turning to the right and proceeding S85108100"E a
distance of 56.00 feet along said property now or
formerly of Fire District No. 2 to a point in the
westerly line of said property now or formerly of
Investors Corporation of Vermont; thence turning to the
right and proceeding S8°37'28"W a distance of 612.51
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
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feet along said property now or formerly of Investors
Corporation to the survey pin marking the point or
place of beginning.
Said premises contains 4.85 acres, more or less, and are
more particularly described in a map entitled "Plat Showing
Land to be conveyed by Dumont Construction Company to Robert
E. Haney and Bernadine Gokey, Kennedy Drive, South
Burlington, Vermont", dated January 23, 1978, and recorded
in Volume 105, Page 97 of the Land Records of the City of
South Burlington.
Being all and the same lands and premises conveyed to Gerald
C. Milot and Claude B. Gagne pursuant to a warranty deed,
dated August 17, 1978, of Robert E. Haney and Bernadine
Gokey, recorded in Volume 142, Page 459 of the Land Records
of the City of South Burlington, the interest of Claude B.
Gagne having been conveyed to Gerald C. Milot pursuant to a
quit claim deed, dated December 28, 1979, recorded in Volume
141, Page 307 of the Land Records of the City of South
Burlington; and being all and the same lands and premises
conveyed to Gerald C. Milot and Marsha Milot pursuant to a
quit claim deed dated March 1983, of Gerald C. Milot,
recorded in Volume , Page of the Land Records of
the City of South Burlington.
The westerly and northerly boundaries of said premises are
confirmed in a Boundary Line Agreement, dated April 28,
1978, by and between Robert E. Haney, Geraldine Gokey and
the City of South Burlington, recorded in Volume 136, Page
524 of the land Records of the City of South Burlington.
Reference is hereby made to the aforementioned instruments,
the records thereof and the references therein in further
aid of this description.
Said lands and premises are subject to, and benefited by,
certain agreements, easements, restrictions, reservations
and covenants as appear of record, including easements for
utility purposes.
Section 1.02. Definitions. Each capitalized term used
herein without definition shall have the meanings specified in
the Bylaws of the Sugartree Condominium Association (the
"Association") attached as Exhibit C (the "Bylaws"), as it may be
amended from time to time, or as provided in the Act.
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
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ARTICLE II
BUILDINGS ON THE LAND: UNIT BOUNDARIES AND DESCRIPTIONS
Section 2.01. Number and Location of Buildings. The
locations of the Buildings on the Land are depicted on Exhibit A.
There are four Buildings.
Section 2.02. Description of Buildings. The Buildings are
of wood frame construction with wood clapboard siding. The Units
in the Buildings are townhouse style; they each have a first or
main floor and a second or upper floor; the main and upper floors
are wood construction. The roofs of all Buildings are covered
with asphalt shingles.
Section 2.03. Description of Units; Allocation. The
locations of all Apartments (the "Units") within the Buildings
are shown on the "Plans" attached as Exhibit A and B. There are
a total of 34 Units. Two Buildings contain ten units,
and one Building contains eight Units and one Buildijg contains
six Units. All of the Units are two bedroom Units.
The Plans set forth, as to each Unit, its layout, location,
Unit number and dimensions. See Exhibits A and B. Exhibit D is
a list of all Units, the identifying number of each Unit, the
value of the Property and each Unit and the percentage of
undivided interest in the Common Areas and Facilities (the
"Common Elements"), including voting, allocated to each Unit.
The location of the Common Elements to which each Unit has direct
access are shown on Exhibits A and B.
Section 2.04. Unit Boundaries. Each Unit consists of the
space within the following boundaries:
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
(a) upper and lower (horizontal) boundaries: The
upper and lower boundaries of the Units shall be the
following boundaries extended to an intersection with the
vertical (perimetric) Boundaries:
(i) upper boundary: The horizontal plane of the
bottom or lower most surface of the plasterboard of the
ceiling bounding the Unit.
(ii) lower boundary: The horizontal plane of the top
surface of the concrete slab.
(b) vertical (perimetric) boundaries: The vertical
boundaries of the Units shall be the vertical plane which
includes the innermost surface of the plasterboard of all
walls bounding the Unit extended to intersections with each
other and with the upper and lower boundaries.
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(c) if any chute, fire duct, wire, conduit, bearing
wall, bearing column or any other fixture lies partially
within and partially outside the designated boundaries of
any Unit, any portion thereof serving only that Unit is a
Limited Common Element allocated solely to that Unit, and
any portion of the Common Elements is a part of the Common
Elements. Subject to the foregoing, all spaces, interior
partitions and other fixtures and improvements within the
boundaries of a Unit are a part of the Unit.
ARTICLE III
COMMON AREAS AND FACILITIES
Section 3.01. Limited Common Elements. (a) A Limited
Common Area and Facility (a "Limited Common Element") is a
portion of the Common Elements allocated for the exclusive use of
one or more but fewer than all of the Units.
(a) Decks, terraces and fences, if any, adjacent to any
Unit, shown on the plans attached as Exhibits A and B
are Limited Common Elements appurtenant to the Unit.
(b) Any shutters, awnings, windowboxes, doorsteps, stoops,
porches, balconies, patios and all exterior doors and
windows, equipment storage areas, closets or other
fixtures or improvements designated to serve a single
Unit, but located outside the Unit's boundaries, are
Limited Common Elements allocated exclusively to that
Unit.
(c) The Plans depict certain open parking areas and garage
spaces; those parking areas and spaces which bear a
number corresponding to a Unit number are Limited
Common Elements, and the areas and spaces so depicted
shall be Limited Common Elements appurtenant to and for
the exclusive use of the respective Units.
Section 3.02. Common Areas and Facilities. (a) The Common
Elements are all the Property depicted on Exhibits A and B except
Units and Limited Common Elements. The Common Elements include,
without limitation, the following:
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
(i) the Land, including the real estate upon which the
Buildings and other improvements are located, together with
the benefit of, and subject to, all rights, easements,
restrictions and agreements recorded in the Land Records of
the City of South Burlington;
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(ii) all portions of the Buildings, except those
portions identified as Units and Limited Common Elements;
and
(iii) all improvements other than the Buildings and
Limited Common Elements.
(b) The Common Elements shall remain undivided and shall be
devoted to the common use and enjoyment of all Unit owners. No
Unit owner nor any other person shall maintain any action for
partition or division thereof, unless the Property has been
removed from the provisions of this Declaration pursuant to the
Act.
(c) Each Unit owner may use the Common Elements in
accordance with the purposes for which they were intended without
hindering or encroaching upon the lawful rights of other Unit
owners. Use of the Common Elements shall be subject to the rules
and regulations regarding use thereof as shall be established
from time to time by the Board of Directors.
ARTICLE IV
USE RESTRICTIONS
Section 4.01. Units. (a) Each Unit shall be used solely
for residential purposes and no trade or business of any kind may
be carried on therein; (the lease or the rental of any Unit for
residential purposes shall not be considered to be carrying on of
a trade or business).
(b) The Declarant reserves the right to use or maintain any
Unit as sales office, management office or model until such time
as the Declarant conveys the title thereto.
Section 4.02. Alterations. No improvements or alteration
to any Unit may be made which would impair the structural
integrity or mechanical systems or lessen the support of any
portion of the Land or the Buildings. A Unit may be improved by
its owner, after written consent therefor is obtained from the
Association, provided that any improvement shall be made only (a)
in a good and workmanlike manner pursuant to plans and
specifications provided to the Association; (b) pursuant to the
provisions of all applicable permits and licenses and (c) subject
to any conditions or restrictions reasonably imposed by the
Association. Without the prior consent of the Association, the
appearance of the Common Elements or the exterior appearance of
any Unit or Building may not be changed. No Unit may be
subdivided or converted into two or more Units.
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
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Section 4.03. Interference with Others. No Unit shall be
used or maintained in a manner which shall interfere with the
comfort or convenience of occupants of other Units or the
provisions of the Bylaws.
ARTT('T,F. V
EASEMENTS
Section 5.01. Easement for Access. Each Unit owner is
hereby granted an easement, in common with each other Unit owner,
in all Common Elements, for ingress to and egress from, utility
service for, and support, maintenance and repair of each Unit,
subject to such reasonable rules, regulations and restrictions as
may be imposed by the Association. Each Unit is hereby burdened
with and subjected to an easement for ingress and egress through
all Common Elements by persons lawfully using or entitled to the
same.
Section 5.02. Easement for Encroachment. To the extent
that any Unit or Common Element unintentionally and
non -negligently encroaches on any other Unit or Common Element,
an easement for the encroachment shall exist.
Section 5.03. Easement for Completion; Utilities. The
Declarant hereby reserves an easement through the Common Elements
for the purpose of completing or making improvements described in
this Declaration; to make improvements in the Condominium; and to
erect and remove signs advertising the Condominium. The
Declarant also reserves the right to grant and reserve easements
and rights of way through, under, over and across the Property
for the installation, maintenance and inspection of lines and
appurtenances for public or private sewer, water, drainage, gas,
electricity, telephone and other utilities.
Section 5.04. Easement for Support. Each Unit and the
Common Elements shall have an easement for lateral and
subadjacent support from every other Unit and the Common
Elements.
Section 5.05. Upkeep of Condominium. Maintenance, repair
and replacement of the Common Elements and of the Units shall be
as provided for in the Bylaws notwithstanding boundaries of Units
and Common Elements. Each Unit owner shall afford to the
Association and the other Unit owners, and to their agents or
employees, access across his Unit reasonably necessary for those
purposes. If damage is inflicted on the Common Elements or any
Unit through which access is taken, the Unit owner responsible
for the damage, or the Association, if it is responsible, shall
promptly repair such damage.
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
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Section 5.06. Environmental Requirements. (a) Without the
prior written consent of the District 4 Environmental Commission,
or its successor,
(i) no Unit Owner shall remove or replace water
conserving plumbing devices originally installed in any
Unit;
(ii) the Association shall maintain, repair and
replace all of the Common Elements, including pump station,
utilities, roadways and the storm water systems; and shall
replace all trees and shrubs as necessary;
(iii) no vehicles shall be parked or permitted to
remain standing in these areas of the Common Elements
identified as fire lanes and restricted vehicular parking
areas; and
(iv) no open burning shall be permitted on the
Property.
(b) It is specifically repeated that, consistent with
Section 5.05 of this Declaration, maintenance, repair and
replacement of the sewage disposal system servicing the
Condominium may require improvements to the field and replacement
of equipment; in such event, the expenses thereof will be Common
Expenses charged to all Unit Owners. Further, adjustments in
water use may be necessary to accommodate satisfactory operation
of the sewage disposal system.
(c) No amendment of Section 5.06(a) shall be effective
without the prior written consent of the District 4 Environmental
Commission.
ARTICLE VI
DAMAGE OR DESTRUCTION
Section 6.01. Common Elements. Any portion of the Common
Elements which is damaged or destroyed shall be promptly repaired
or replaced by the Association unless
(a) repair or replacement would be illegal under any
State or local health or safety statute or ordinance, or
(b) the Condominium is terminated.
Section 6.02. Units. (a) If any portion of a Building in
which a Unit is located shall be damaged or destroyed, the
damaged portion shall be promptly repaired or replaced by the
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
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Association unless (i) repair or replacement would be illegal
under any State or local health or safety statute or ordinance,
or (ii) 80 percent of the Unit owners, including the owner of a
Unit and the owner of any Limited Common Element which will not
be rebuilt, vote not to rebuild, or (iii) the Condominium is
terminated.
(b) In the event that the damage or destruction is limited
to the interior of a Unit or to a Limited Common Element, then
the owner of the Unit or the owner or owners of the Unit or Units
benefited by the Limited Common Element, as the case may be,
shall promptly repair or replace the damaged portion.
Section 6.03. Insurance. The Association shall maintain,
to the extent available, property insurance on the Common
Elements and Units, exclusive of betterments and improvements
installed in Units by Unit owners, insuring against all risks of
direct physical loss commonly insured against and comprehensive
general liability insurance, all in such amounts as the Assoc-
iation shall determine from time to time. Any loss covered by
insurance shall be adjusted by the Association which shall hold
the proceeds in trust for the Unit owners and lien holders as
their interest may appear; in the event of repair or replacement,
the proceeds shall be disbursed first for repair or replacement.
The cost of repair or replacement of the Common Elements, in
excess of insurance proceeds and reserves, if any, shall be a
Common Expense.
ARTICLE VII
CONDEMNATION
Section 7.01. Common Elements. If any portion of the
Common Elements is taken by condemnation, the Condominium shall
not terminate unless 80 percent of the Unit owners so vote. The
Association shall divide any portion of the award not used for
any restoration or repair of the remaining Common Elements before
the condemnation, but the portion of an award attributable to the
acquisition of a Limited Common Element shall be divided equally
among the owners of the Units to which that Limited Common
Element was allocated at the time of acquisition.
Section 7.02. Units. Upon acquisition by condemnation of
any Unit or such a part of a Unit that the Unit owner is left
with a remnant which may not practically or lawfully be used for
any purpose permitted by this Declaration, that Unit's entire
Common Element interest shall be reallocated to the remaining
Units in proportion to the respective interests of those Units
prior to condemnation, and the Association shall promptly
prepare, execute and record an amendment to the Declaration
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
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reflecting the reallocation. The Common Element interest of a
Unit prior to condemnation, and any remnant of a Unit remaining
after part of a Unit is taken, thereafter shall be a Common
Element.
ARTICLE VIII
THE ASSOCIATION
Section 8.01. Authority. The business affairs of the
Condominium shall be managed by the Association. The Association
shall be governed by its Bylaws, as it may be amended from time
to time.
Section 8.02. Membership. The membership of the
Association shall at all times consist exclusively of all the
Unit owners or, following termination of the Condominium, of all
former Unit owners.
Section 8.03. Powers. The Association shall have all of
the powers, authority and duties permitted pursuant to the Act
necessary or appropriate to manage the business and affairs of
the Condominium.
Section 8.04. Declarant Control. Until the earlier of (a)
120 days after the date by which 75 percent of the Units have
been conveyed to Unit owners or (b) December 31, 1990, or (c)
voluntary relinquishment in writing by the Declarant, then the
Declarant may direct, modify or veto any action of the
Association or its Board of Directors. Upon the occurrence of
such date, then the authority and power of the Declarant to
direct, modify or veto shall terminate and lapse, and be of no
further force or effect. However, the Declarant may, for so long
as it is the owner of any Unit, exercise, with respect to such
ownership, all rights of ownership granted pursuant to this
Declaration, the bylaws of the Association or by law.
ARTICLE IX
COMPLIANCE AND DEFAULT
Section 9.01. Generally. Each Unit owner shall be governed
by and shall comply with the terms of the Declaration and the
Bylaws of the Association, and any and all regulations adopted
pursuant thereto, as they may be amended from time to time.
Failure of a Unit owner to comply therewith shall entitle the
Association or other Unit owners to the following relief in
addition to the remedies provided by the Act:
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
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(a) Liability. A Unit owner shall be liable for the
expense of any maintenance, repair or replacement rendered
necessary by his act, neglect or carelessness or by that of any
member of his family or his or their guests, employees, agents,
lessees or other invitees, but only to the extent that such
expense is not met by the proceeds of insurance carried by the
Association. Such liability shall include any increase in fire
insurance rates occasioned by use, misuse, occupancy or
abandonment of a Unit or its appurtenances, or of the Common
Elements.
(b) Costs and Attorneys' Fees. In any proceeding arising
because of an alleged failure of a Unit owner to comply with the
terms of the Declaration or the Bylaws of the Association, and
any and all regulations adopted pursuant thereto, as they may be
amended from time to time, the prevailing party shall be entitled
to recover the costs of the proceeding and such reasonable
attorneys' fees as may be awarded by the court.
Section 9.02. Waiver. No provision of this Declaration
shall be deemed to have been waived by reason of any failure to
enforce, regardless of the occurrence of violations or breaches
from time to time.
ARTICLE X
AMENDMENTS
Section 10.01. Generally. Except as otherwise provided in
Section 10.04, this Declaration may be amended only by vote or
agreement of at least 75 percent of the votes, by number, of the
Unit owners. For so long as the Declarant has any interest in
the Property, including unsold or unbuilt Units, no amendment
shall be effective unless consented to by the Declarant. Every
amendment shall be prepared, executed, recorded and certified by
the Association and shall be effective only when recorded in the
Land Records of the City of South Burlington.
Section 10.02. Individual's Consent. No amendment which
alters the dimensions of any Unit or which alters the percentage
of the Common Element interest to which any Unit is entitled
shall be valid unless the same has been signed or consented to by
the Unit owner so affected.
Section 10.03. Statutory Compliance. No amendment which
alters this Declaration in any manner which would render it
contrary to or inconsistent with any requirements or provisions
of the Act shall be valid.
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Section 10.04. Amendment by Declarant. Notwithstanding the
provisions of Section 10.01, this Declaration may be amended by
the Declarant, subject to the provisions of Sections 10.02 and
10.03, without the consent of any other Unit owner (a) prior to
the sale by the Declarant of 50 percent of the total number of
Units, or (b) in order to comply with any provision of law; and
any such amendment, upon execution and certification by the
Declarant and recording by the City Clerk of the City of
South Burlington, shall be effective upon recording.
ARTICLE XI
MISCELLANEOUS
Section 11.01. Invalidity. If any provision of this
Declaration is held invalid, the invalidity thereof shall not
affect other provisions of this Declaration which can be given
effect without the invalid provisions, and to this end the
provisions of this Declaration are severable.
Section 11.02. Headings. The headings in this Declaration
are for purposes of reference only and shall not limit or
otherwise affect the meaning hereof.
Section 11.03. Termination. This Declaration, as it may be
amended from time to time, may be terminated as provided by law.
Section 11.04. Agent. The person who shall receive service
of process as required by the Act is Carl H. Lisman and his place
of business is 191 College Street, Burlington, Vermont.
IN WITNESS WH,EOF, the Declarant has executed this
Declaration this ��"`-day of March, 1983.
WITNESSES:
t.
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington in said County and State on this `l ` ' day of
March, 1983, personally appeared Gerald C. Milot and Marsha
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Milot, and they acknowledged the foregoing instrument by them
signed and sealed to be their free act and deed.
r,. r\
Before me
Notary Public
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SUGARTREE CONDOMINIUM ASSOCIATION
BYLAWS
ARTTCT,F T
Plan of Unit Ownership
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Section 1.01. Applicability. These Bylaws provide for
the governance of the Condominium. The Condominium, located in
South Burlington, Vermont, is more particularly described in the
Declaration of Condominium.
Section 1.02. Compliance. Every Unit owner and all those
entitled to occupy a Unit shall comply with these Bylaws.
Section 1.03. Office. The office of the Condominium, the
Association, and the Board of Directors shall be located at the
Property or at such other place as may be designated from time
to time by the Board of Directors.
Section 1.04. Definitions. Each capitalized term used
herein without definition shall have the meanings specified in
the Declaration of Condominium of the Sugartree Condominium to
which these Bylaws are attached, as it may be amended from time
to time (the "Declaration") or as provided in the Vermont
Condominium Ownership Act (the "Act").
ARTICLE II
Sugartree Condominium Association
Section 2.01. Composition. The Association shall consist
of all Unit owners acting as a group.
For all purposes, the Association shall act merely as an
agent for the Unit owners as a group. The Association shall
have the responsibility for administering the Condominium,
establishing the means and methods of collecting assessments
and charges; arranging for the management of the Condominium;
and performing all of the other acts that may be required or
permitted to be performed by the Association by the Act and the
Declaration. Except as to those matters which the Act
specifically requires to be performed by the vote of the
Association, the foregoing shall be performed by the Board of
Directors or their designee.
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Section 2.02. Annual Meetings. The annual meetings of
the Association shall be held on the 15th day of November of each
year, even if a Saturday or Sunday or holiday. At such annual
meetings the Board of Directors for the next calendar year shall
be elected by ballot of the Unit owners. If, in any year, an
annual meeting is not held, a special meeting may be held in lieu
thereof, and any elections or business transacted thereat shall
have the same effect as if held or transacted at any annual
meeting.
Section 2.03. Place of Meetings. Meetings of the
Association shall be held at the principal office of the
Association or at such other suitable place convenient to the
Unit owners as may be designated by the Board of Directors.
Section 2.04. Special Meetings. Any Director may, and
the President shall, call a special meeting of the Association
upon a petition signed and presented to the Secretary by Unit
owners with not less than a majority of the votes in the
Association. The notice of any special meeting shall state the
time, place and purpose thereof. No business shall be
transacted at a special meeting except as stated in the notice.
Section 2.05. Notice of Meetings. (a) The Secretary
shall mail or hand deliver to each Unit owner a notice of the
place, date, hour and purpose or purposes of each special
meeting of the Unit owners. The notice shall be mailed or hand
delivered not less than 7 days nor more than 2.0 days before the
date of such meeting. No such notice shall be required for the
annual meeting of the Association.
(b) Any Unit owner may at any time, in writing, waive
notice of any meeting of the Association, and such waiver shall
be deemed equivalent to the giving of such notice. Attendance
by a Unit owner at any meeting of the Association shall
constitute a waiver of notice by him of the time, place and
purpose of such meeting.
Section 2.06. Adjournment of Meetings. If at any meeting
of the Association a quorum is not present, Unit owners having
a majority of the votes who are present at such meeting in
person or by proxy may adjourn the meeting to a time not less
than 48 hours after the time the original meeting was called.
Section 2.07. Voting. The vote to which each Unit owner
is entitled shall be the Common Element interest assigned to
his Unit in the Declaration. Except where a greater number is
required by the Act, the Unit owners with more than fifty
percent of the votes of members voting in person or by proxy at
one time at a duly convened meeting at which a quorum is
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present ("Majority of the Unit owners") is required to adopt
decisions at any meeting of the Association.
Section 2.08. Quorum. Except as otherwise provided in
the Bylaws, the presence in person or by proxy of Unit owners
of 50 percent or more of the votes of the members shall
constitute a quorum at all meetings of the Association.
Section 2.09. Conduct of Meetings. The President shall
preside over all meetings of the Association and the Secretary
shall keep the minutes of the meetings and record in a minute
book all resolutions adopted at the meetings as well as a
record of all transactions occurring thereat. The then current
edition of Robert's Rules of Order shall govern the conduct of
all meetings of the Association and the Board of Directors when
not in conflict with the Bylaws, the Declaration or the Act.
Section 2.10. Action Without Meeting. Any action by the
owners required or permitted to be taken at any meeting may be
taken without a meeting if all of the Unit owners shall
individually or collectively consent in writing to such action.
Any such written consent shall be filed with the minutes of the
proceedings of the Unit owners.
ARTICLE III
Board of Directors
Section 3.01. Number and Qualifications. The affairs of
the Association shall be governed by a Board of Directors
composed of three persons, all of whom shall be Unit owners or
spouses of Unit owners. An officer or agent of a corporate
Unit owner or general partner of a partnership or the
beneficiary of a trust shall be deemed to be the Unit owner for
this purpose.
Section 3.02. Powers and Duties. The Board of Directors
shall have all of the powers and duties necessary for the
administration of the affairs of the Association and may do all
such acts and things as are not prohibited by the Act,
including the following:
(a) Prepare an annual budget, in which there shall be
established the assessments of each Unit owner for the Common
Expenses of the Condominium (the "Common Expenses").
(b) Make assessments against Unit owners to defray the
costs and expenses of the Condominium, establish the means and
methods of collecting such assessments from the Unit owners and
establish the period of the installment payment of the annual
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assessment for Common Expenses. Unless otherwise determined by
the Board of Directors, the annual assessment against each Unit
owner for his proportionate share of the Common Expenses shall
be payable in equal monthly installments each such installment
to be due and payable in advance on the first day of each month
for such month.
(c) Provide for the operation, care, upkeep and
maintenance of all of the Property and services of the
Condominium.
(d) Designate, hire and dismiss the personnel necessary
for the maintenance, operation, repair and replacement of the
Common Elements and provide services for the Property and,
where appropriate, provide for the compensation of such
personnel and for the purchase of equipment, supplies and
material to be used by such personnel in the performance of
their duties, which supplies and equipment shall be deemed part
of the Property.
(e) Collect the assessments against the Unit owners,
deposit the proceeds thereof in bank depositories designated by
the Board of Directors and use the proceeds to carry out the
administration of the Property.
(f) Make and amend the Rules and Regulations applicable
to Unit owners and occupants of Units.
(g) Open bank accounts on behalf of the Association and
designate the signatories thereon.
(h) Make, or contract for the making of, repairs,
additions and improvements to or alterations of the Property,
and repairs to and restoration of the Property, in accordance
with these Bylaws, after damage or destruction by fire or other
casualty, or as a result of the condemnation or eminent domain
proceedings.
(i) Enforce by legal means the provisions of the
Declaration, these Bylaws and the Rules and Regulations and act
on behalf of the Unit owners with respect to all matters
arising out of any eminent domain proceeding,
(j) Obtain and carry insurance against casualties and
liabilities, as provided in these Bylaws, pay the premiums
therefor and adjust and settle any claim thereunder.
(k) Pay the cost of all authorized services rendered to
the Association and not billed to Unit owners of individual
Units or otherwise provided for in Article V of these Bylaws.
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(1) Keep books with detailed accounts in chronological
order of the receipts and expenditures affecting the Property,
and the administration of the Condominium, the Common Elements
and any other expenses incurred. Such books and vouchers
accrediting the entries thereupon shall be available for
examination by the Unit owners, their duly authorized agents or
attorneys, during general business hours on working days at the
times and in the manner set and announced by the Board of
Directors for the general knowledge of the Unit owners. All
books and records shall be kept in accordance with good
accounting practices.
(m) Notify a mortgagee of any default hereunder or
pursuant to the Declaration by Unit owner of the Unit subject
to such mortgage, in the event such default continues for a
period of exceeding 30 days.
(n) Borrow money on behalf of the Condominium when
required in connection with any one instance relating -to the
operation, care, upkeep and maintenance of the Condominium;
provided, however, that the consent of at least two-thirds of
the votes of Unit owners, obtained at a meeting duly called and
held for such purpose in accordance with the provisions of
these Bylaws, shall be required to borrow any sum in excess of
Five Thousand Dollars.
(o) Acquire, hold and dispose of Units and mortgage the
same if such expenditures and hypothecations are included in
the budget adopted by the Association.
(p) Do such other things and acts not inconsistent with
the Act, the Declaration or these Bylaws which the Board of
Directors may be authorized to do by a resolution of the
Association.
Section 3.03. Managing Agent. The Board of Directors may
employ for the Condominium a "Managing Agent" at a compensation
to be established by the Board of Directors.
Section 3.04. Election and Term of Office. At the first
annual meeting of the Association, the term of office of one
member of the Board of Directors shall be fixed at three years,
the term of office of one member shall be fixed at two years
and the term of office of one member of the Board of Directors
shall be fixed at one year. At the expiration of the initial
term of office of each member of the initial Board of
Directors, a successor shall be elected to serve for a term of
two years. The members of the Board of Directors shall hold
office until their respective successors shall have elected by
the Association.
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Section 3.05. Removal or Resignation of Members of
the Board of Directors. At any regular or special meeting of
the Unit owners duly called, any one or more of the members of
the Board of Directors may be removed with or without cause by
a Majority of the Unit owners and a successor may then and
there be elected to fill the vacancy thus created. Any
director whose removal has been proposed by the Unit owners
shall be given at least seven days notice of the time, place
and purpose of the meeting and shall be given an opportunity to
be heard at the meeting. A member of the Board of Directors may
resign at any time and shall be deemed to have resigned upon
disposition of his Unit.
Section 3.06. Vacancies. Vacancies in the Board of
Directors (caused by any reason other than the removal of a
director by a vote of the Association) shall be filled by a
vote of a majority of the remaining Directors at a special
meeting of the Board of Directors held for such purpose
promptly after the occurrence of any such vacancy, even though
the directors present at such meeting may constitute less than
a quorum. Each person so elected shall be a member of the
Board of Directors for the remainder of the term of the member
being replaced and until a successor shall be elected at the
next annual meeting of the Association.
Section 3.07. Organization Meeting. The first meeting of
the Board of Directors shall be held within sixty days after
the filing of the Declaration at such time and place as shall
be fixed by the Declarant, and no notice shall be necessary to
the newly elected members of the Board of Directors in order to
legally constitute such meeting, providing a majority of the
whole Board of Directors shall be present thereat.
Section 3.08. Regular Meetings. Regular meetings of the
Board of Directors may be held at such time and place as shall
be determined from time to time by a majority of the directors,
but such a meeting shall be held at least following each
meeting of the Association without notice. Notice of regular
meetings of the Board of Directors shall be given to each
director, by mail, telegraph or hand delivery, at least three
business days prior to the day named for such meeting.
Section 3.09. Special Meetings. Special meetings of the
Board of Directors may be called by the President on three days
notice to each director, given by mail, telegraph or hand
delivery, which notice shall state the time, place and purpose
of the meeting. Special meetings of the Board of Directors
shall be called by the President or Secretary in like manner
and on like notice on the written request of any Director.
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Section 3.10. Waiver of Notice. Any director may at any
time, in writing, waive notice of any meeting of the Board of
Directors, and such waiver shall be deemed equivalent to the
giving of such notice. Attendance by a director at any meeting
of the Board of Directors shall constitute a waiver of notice
by him of the time, place and purpose of such meeting. If all
directors are present at any meeting of the Board of Directors,
no notice shall be required and any business may be transacted
at such meeting.
Section 3.11. Quorum. At all meetings of the Board of
Directors a majority of the directors shall constitute a quorum
for the transaction of business, and the votes of a majority of
the directors present at a meeting at which a quorum is present
shall constitute the decision of the Board of Directors.
Section 3.12. Compensation. No director shall receive
any compensation from the Condominium for acting as such.
Section 3.13. Action Without Meeting. Any action by the
Board of Directors required or permitted to be taken at any
meeting may be taken without a meeting if all of the members of
the Board of Directors shall individually or collectively
consent in writing to such action. Any such written consent
shall be filed with the minutes of the proceedings of the Board
of Directors.
Section 3.14. Liability of the Board of Directors,
Officers, Unit Owners and Association. (a) The officers and
members of the Board of Directors shall not be liable to the
Association for any mistake of judgment, negligence or
otherwise, except for their own individual willful misconduct
or bad faith. The Association shall indemnify and hold
harmless each of the officers and directors from and against
all contractual liability to others arising out of contracts
made by the officers or the Board of Directors on behalf of the
Association unless any such contract shall have been made in
bad faith or contrary to the provisions of the Act, the
Declaration or these Bylaws.
(b) The Association shall not be liable for any failure
of water supply or other services to be obtained by the
Association or paid for as a Common Expense, or for injury or
damage to person or property caused by the elements or by the
Unit owner of any Unit, or any other person, or resulting from
electricity, water, snow or ice which may leak or flow from any
portion of the Common Elements or from any pipe, drain,
conduit, appliance or equipment. The Association shall not be
liable to any Unit owner for loss or damage, by theft or
otherwise, of articles which may be stored upon any of the
Common Elements. No diminution or abatement of any
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assessments, as herein elsewhere provided, shall be claimed or
allowed for inconvenience or discomfort arising from the making
of repairs or improvements to the Common Elements or from any
action taken by the Association to comply with any law, ordinance
or with the order or directive of any municipal or other govern-
mental authority.
(c) All such times the Declarant's responsibility shall
terminate regarding defects in the workmanship or materials in
the water system and sewage disposal system servicing the
Condominium, the Association shall be responsible for the
operation, repair, maintenance, renovation and replacement
thereof, as such, the Association may be required to mandate
adjustments to water usage by Unit owners and occupants, to make
substantial capital improvements, as to take other action, all at
the expense of the Association.
ARTICLE IV
Officers
Section 4.01. Designation. The principal officers of the
Association shall be the President, the Vice President, the
Secretary and the Treasurer, all of whom shall be elected by the
Board of Directors. The Board of Directors may appoint an
assistant treasurer, an assistant secretary and such other
officers as in its judgment may be necessary. The President
shall be a member of the Board of Directors. All other officers
shall be Unit owners or spouses of Unit owners.
Section 4.02. Election of Officers The officers of the
Association shall be elected annually by the Board of Directors
at the organization meeting of each new Board of Directors and
shall hold office at the pleasure of the Board of Directors.
Section 4.03. Removal of Officers. Upon the affirmative
vote of a majority of all members of the Board of Directors any
officer may be removed, either with or without cause, and a
successor may be elected at any regular meeting of the Board of
Directors or at any special meeting of the Board of Directors
called for such purpose.
Section 4.04. President. The President shall be the chief
executive officer of the Association; preside at all meetings of
the Association and of the Board of Directors; and have all of
the general powers and duties which are incident to the office of
president generally including, without limitation, the power to
appoint committees from among the Unit owners from time to time
as the President may in his discretion decide is appropriate to
assist in the conduct of the affairs of the Association.
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Section 4.05. Vice President. The Vice President shall
take the place of the President and perform the duties of the
President whenever the President shall be absent or unable to
act. If neither the President nor the Vice President is able to
act, the Board of Directors shall appoint some other member of
the Board of Directors to act in the place of the President, on
an interim basis. The Vice President shall also perform such
other duties as shall from time to time be imposed upon him by
the Board of Directors or by the President.
Section 4.06. Secretary. The Secretary shall keep the
minutes of all meetings of the Association and of the Board of
Directors; have charge of such books and papers as the Board of
Directors may direct; maintain a register setting forth the place
to which all notices to Unit owners and others shall be
delivered; and, in general, perform all the duties incident to
the office of secretary.
Section 4.07. Treasurer. The Treasurer shall have the
responsibility for Association funds and securities and shall be
responsible for keeping full and accurate financial records and
books of account showing all receipts and disbursements, and for
the preparation of all required financial data; make
disbursements on behalf of the Association upon consent of the
Board of Directors except as provided in Section 4.08; and be
responsible for the deposit of all monies and other valuable
effects in the name of the Board of Directors, the Association or
the Managing Agent, in such depositories as may from time to time
be designated by the Board of Directors; and, in general, perform
all the duties incident to the office of treasurer.
Section 4.08. Execution of Documents. All agreements,
contracts, deeds, leases, checks and other instruments of the
Association for expenditures or obligations in excess of Two
Thousand Dollars, and all checks drawn upon reserve accounts,
shall be executed by any two persons designated by the Board of
Directors. All such instruments for expenditures or obligations
of One Thousand Dollars or less, except from reserve accounts,
may be executed by the Treasurer or any one person designated by
the Board of Directors.
Section 4.09. Compensation of Officers. No officer who is
also a director shall receive any compensation from the
Association for acting as such officer.
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ARTICLE V
Operation of the Condominium
Section 5.01. Determination of Common Expenses and
Assessments Against Unit Owners.
(a) Fiscal Year. The fiscal year of the Association shall
be the calendar year unless otherwise determined by the Board of
Directors.
(b) Preparation and Approval of Budget.
(i) On or before the first day of November
for each following year, the Board of Directors shall
adopt a budget for the Association containing an
estimate of the total amount considered necessary to
pay the cost of maintenance, management, operation,
repair and replacement of the Common Elements and those
parts of the Units and other properties as to which it
is the responsibility of the Board of Directors to
maintain, repair and replace, and the cost of wages,
materials, insurance premiums, services, supplies and
other expenses that may be declared to be Common
Expenses by the Act, the Declaration or a resolution of
the Association and which will be required during the
ensuing fiscal year for the administration, operation,
maintenance and repair of the Property and the
rendering to the Unit owners of all related services.
(ii) Such budget shall also include such
reasonable amounts as the Board of Directors considers
necessary to provide working capital, a general
operating reserve and reserves for contingencies and
replacements. On or before the next succeeding
fifteenth day of December the Board of Directors shall
send to each Unit owner a copy of the budget in a
reasonably itemized form which sets forth the amount of
the Common Expenses and any special assessment payable
by each Unit Owner. Such budget shall constitute the
basis for determining each Unit owner's assessment for
the Common Expenses of the Association.
(c) Assessment and Payment of Common Expenses. The total
amount of the estimated funds required from assessments for the
operation of the Condominium set forth in the budget adopted by
the Board of Directors shall be assessed against each Unit owner
in proportion to his respective Common Element interest.
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(d) Reserves. The Board of Directors shall include in the
budget and build up and maintain reasonable reserves for working
capital, operations, contingencies and replacements.
(e) Effect of Failure to Prepare or Adopt Budget. The
failure or delay of the Board of Directors to prepare or adopt a
budget for any fiscal year shall not constitute a waiver or
release in any manner of a Unit owner's obligation to pay his
allocable share of the Common Expenses as herein provided
whenever the same shall be determined and, in the absence of any
annual budget or adjusted budget, each Unit owner shall continue
to pay each monthly installment at the monthly rate established
for the previous fiscal year until notice of the monthly payment
which is due more than ten days after such new annual or adjusted
budget shall have been delivered.
Section 5.02. Payment of Common Expenses. Each Unit owner
shall pay the Common Expenses assessed by the Board of Directors.
No Unit owner may exempt himself from liability for his
contribution toward Common Expenses by waiver of the use or
enjoyment of any of the Common Elements or by abandonment of his
Unit. Prior to or at the time of any conveyance of a Unit by a
Unit owner, all liens, unpaid charges and assessments shall be
paid in full and discharged. The purchaser of a Unit shall be
jointly and severally liable with the selling Unit owner for all
unpaid assessments against the latter for his proportionate share
of the Common Expenses up to the time of recording of the
conveyance, without prejudice to the purchaser's right to recover
from the selling Unit owner amounts paid by the purchaser
therefor; provided, however, that any such purchaser shall be
entitled to a statement setting forth the amount of the unpaid
assessments against the selling Unit owner within five days
following a written request therefor to the Board of Directors or
Managing Agent and such purchaser shall not be liable for, nor
shall the Unit conveyed be subject to a lien for, any unpaid
assessments in excess of the amount therein set forth; and
provided, further, that each mortgagee who comes into possession
of a Unit by virtue of foreclosure (or by deed or assignment in
lieu of foreclosure) or any purchaser at a foreclosure sale,
shall take the Unit free from any claims for unpaid assessments
or charges against such Unit which become due or accrue prior to
acquisition of title to such Unit b_y the mortgagee or purchaser.
Section 5.03. Collection of Assessments. The Board of
Directors or the Managing Agent, at the request of the Board of
Directors, shall take prompt action to collect any assessments
for Common Expenses due from any Unit owner which remain unpaid
for more than thirty days from the due date for payment thereof.
Any assessment, or installment thereof, not paid within five days
after due shall accrue a late charge in such amount as a
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percentage of the overdue assessment or installment as the Board
of Directors shall generally establish from time to time.
Section 5.04. (a) Statement of Common Expenses. The Board
of Directors shall promptly provide any Unit owner, contract
purchaser or mortgagee so requesting the same in writing with a
written statement of all unpaid assessments for Common Expenses
due from the Unit owner. The Board of Directors shall not impose
a charge for the preparation of such statement.
(b) Statement of Default. The Board of Directors shall
promptly notify any mortgagee of any Unit, upon request, of any
default in the performance of the Unit owner of any obligation
pursuant to the Declaration, the Bylaws and the rules and
regulations, which is not cured within 60 days.
Section 5.05. Insurance. (a) The Board of Directors shall
obtain and maintain, to the extent available, master policies of
insurance, as specified, naming the Association as insured (for
the use and benefit of the Unit owners and mortgagees) as their
respective interests may appear:
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(i) Casualty or physical damage insurance on the
Buildings and all other insurable improvements forming part
of the Property including Units (but excluding the
furniture, furnishings and other personal property of the
Unit owners therein), together with the service machinery,
apparatus, equipment and installations located in the
Buildings, and existing for the provision of central
services or for common use, in an amount not less than one
hundred percent (100%) of their full replacement value
(exclusive of foundations) as determined by the Directors in
their judgment (and all policies shall therefore contain a
replacement cost valuation endorsement, so-called or the
equivalent) against (1) loss or damage by fire or other
hazards covered by the extended coverage endorsement,
together with coverage for the payment of Common Expenses
with respect to damaged Units during the period of recon-
struction, and (2) such other hazards and risks as the
Directors from time to time in their discretion shall de-
termine to be appropriate, including but not limited to,
vandalism, malicious mischief, windstorm and water damage,
boiler and machinery explosion or damage, and plate glass
damage. Certificates of such insurance and all renewals
thereof, together with proof of payment of premiums, shall
be delivered by the Directors to all Unit owners and their
mortgagees upon request, at least ten days prior to the ex-
piration of the then current policies.
(ii) Comprehensive public liability insurance in such
amounts and forms as shall be determined by the Directors,
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012683
governing the Association, the Directors, all of the Unit
owners and any Managing Agent of the Property, with limits
of not less than a single limit of $1,000,000 for claims for
bodily injury or property damage arising out of one
occurrence and a minimum of $100,000 for each occurrence and
with cross liability endorsement to cover liability of any
insured to other insureds.
(iii) Workmen's compensation and employer's liability
insurance covering any employees of the Association.
(iv) Such other insurance as the Directors shall
determine to be appropriate and such other insurance as may
from time to time be required by law.
Such master policies shall contain, to the extent available
and obtainable, (1) waivers of subrogation as to any claims
against the Association, the Directors and their agents and
employees, and against the Unit owners and their respective
employees, agents and guests, (2) waivers of any defense based on
the conduct of any insureds, if available at premiums reasonably
satisfactory to the Board of Directors and (3) provisions to the
effect that the insurer shall not be entitled to contribution as
against casualty insurance which may be purchased by individual
Unit owners as hereinafter permitted, if available at premiums
reasonably satisfactory to the Board of Directors.
(b) Separate Insurance. Each Unit owner shall have the
right, at his own expense, to obtain insurance for his own Unit
and for his own benefit and to obtain insurance coverage upon his
personal property and for his personal liability as well as upon
any improvements made by him to his Unit under coverage normally
called "improvements and betterments coverage"; provided,
however, that no Unit owner shall be entitled to exercise this
right to acquire or maintain such insurance coverage so as to
decrease the amount which the Board of Directors, on behalf of
all Unit owners, may realize under any insurance policy
maintained by the Board or to cause any insurance coverage
maintained by the Board to be brought into contribution with
insurance coverage obtained by a Unit owner. All such policies
shall contain waivers of subrogation if available. No Unit owner
shall obtain separate insurance policies on the Condominium
except as provided in this Section.
Section 5.06. Lien for Assessments. The total annual
assessment of each Unit owner for Common Expenses or any special
assessment of any other sum duly levied, make pursuant to the
Declaration, is hereby declared to be a lien levied against the
Unit of such Unit owner as provided in section 1323 of the Act.
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
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Section 5.07. Maintenance, Repair, Replacement.
(a) By The Board of Directors. The Board of Directors
shall be responsible for the maintenance, repair and replacement
(unless, if in the opinion of not less than a majority of the
Board of Directors such expense was necessitated by the
negligence, misuse or neglect of a Unit owner) of all of the
Common Elements (including the Limited Common Elements) , whether
located inside or outside a Unit, the cost of which shall be
charged to all Unit Owners as a Common Expense, and for the
Association's share of the maintenance, repair and replacement of
appurtenances and rights serving the Condominium; provided that
each Unit owner shall perform normal maintenance on the Limited
Common Elements appurtenant to his Unit.
(b) By Unit Owners. Each Unit owner shall keep his Unit
and its equipment, appliances and appurtenances in good order,
condition and repair and in a clean and sanitary condition, and
shall do all redecorating, painting and varnishing which may at
any time be necessary to maintain the good appearance and
condition of his Unit. In addition, each Unit owner shall be
responsible for all damage to any other Units or to the Common
Elements resulting from his failure to make any of the repairs
required by this Section. Each Unit Owner shall perform his
responsibility in such manner as shall not unreasonably disturb
or interfere with the other Unit Owners.
(c) Manner of Repair and Replacement. All repairs and
replacements shall be substantially similar to the original
construction and installation and shall be of first-class
quality. The method of approving payment vouchers for all
repairs and replacements shall be determined by the Board of
Directors.
Section 5.08. Restrictions on Use of Units; Rules and
Regulations.
(a) Each Unit and the Common Elements shall be occupied and
used as follows:
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
(1) No Unit shall be used for other than housing and
the related common purposes for which the Property was
designed. The Board of Directors may permit reasonable,
temporary nonresidential uses from time to time. Nothing in
these Bylaws shall be construed to prohibit the Declarant
from using any Unit owned by the Declarant for promotional
marketing or display purposes or from using any appropriate
portion of the Common Elements for settlement of sales of
Units.
-14-
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
COND11
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012683
(2) Nothing shall be done or kept in any Unit or in
the Common Elements which will increase the rate of
insurance for the Condominium or any part thereof applicable
for residential use without the prior written consent of the
Board of Directors. No Unit owner shall permit anything to
be done or kept in his Unit or in the Common Elements which
will result in the cancellation of insurance on the Condo-
minium or any part thereof or which would be in violation of
any law, regulation or administrative ruling. No waste
shall be committed in the Common Elements.
(3) No immoral, improper, offensive or unlawful use
shall be made of the Condominium or any part thereof, and
all valid laws, zoning ordinances and regulations of all
governmental agencies having jurisdiction thereof shall be
observed. All laws, orders, rules, regulations or
requirements of any governmental agency having jurisdiction
thereof relating to any portion of the Condominium shall be
complied with, by and at the sole expense of the Unit owner
or the Board of Directors, whichever shall have the
obligation to maintain or repair such portion of the Condo-
minium, and if the latter, then the cost of such compliance
shall be a Common Expense.
(4) No Unit owner shall obstruct any of the Common
Elements nor shall any Unit owner store anything upon any of
the Common Elements (except in those areas designated for
such storage by the Board of Directors) without the approval
of the Board of Directors. Vehicular parking for Unit
owners or occupants of Units, upon the Common Elements, may
be regulated or assigned by the Board of Directors. Nothing
shall be altered or constructed in or removed from the
Common Elements except upon the prior written consent of the
Board of Directors,
(5) Trailers, campers, recreational vehicles or boats
may be parked on the Condominium only in parking areas
designated exclusively for such purposes by the Board of
Directors. No junk or derelict vehicle or other vehicle on
which current registration plates are not displayed shall be
kept upon any of the Common Elements.
(6) The maintenance, keeping, boarding and/or raising
of animals, livestock, poultry or reptiles of any kind,
regardless of number, shall be and is prohibited within any
Unit or upon the Common Elements, except that the keeping of
small, orderly domestic pets (e.g., dogs, cats or caged
birds) not to exceed one per Unit without the approval of
the Board of Directors, is permitted, subject to the Rules
and Regulations adopted by the Board of Directors; provided,
however, that such pets are not kept or maintained for
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CHLO1
012683
commercial purposes or for breeding and provided, further,
that any such pet causing or creating a nuisance or
unreasonable disturbance or noise shall be permanently
removed from the Property upon ten days written notice from
the Board of Directors. Such pets shall not be permitted
upon the Common Elements unless accompanied by an adult and
unless carried or leashed. Any Unit owner who keeps or
maintains any pet upon any portion of the Property shall be
deemed to have indemnified and agreed to hold the
Condominium, each Unit owner and the Declarant free and
harmless from any loss, claim or liability of any kind or
character whatever arising by reason of keeping or
maintaining such pet within the Condominium. All pets shall
be registered with the Board of Directors and shall
otherwise be registered and innoculated as required by law.
(7) Except for such signs as may be posted by he
Declarant for promotional or marketing purposes, no signs of
any character shall be erected, posted or displayed upon,
in, from or about any Unit or Common Elements by any
Directors Unit owner without the prior written approval of
the Board of Directors.
(b) Each Unit and the Common Elements shall be occupied and
used in compliance with the Rules and Regulations which may be
promulgated and amended by the Board of Directors. Copies of the
Rules and Regulations shall be furnished by the Board of
Directors to each Unit owner. Amendments to the Rules and
Regulations shall be conspicuously posted prior to the time when
the same shall become effective and copies thereof shall be
furnished to each Unit owner upon request.
ARTICLE VI
Miscellaneous
Section 6.01. Amendment. These Bylaws may be amended by
vote of at least 67 percent, by number, of the votes of the
members.
Section 6.02. Notices. All notices, demands, bills,
statements or other communications shall be in writing and shall
be deemed to have been duly given if delivered personally or if
sent postage prepaid (i) if to a Unit owner, at the address which
the Unit owner shall designate in writing and file with the
Secretary or, if no such address is designated, at the address of
the Unit of such Unit owner, or (ii) if to the Association or the
Board of the principal office of the Association or at such other
address as shall be designated in writing to the Unit owners
pursuant to this Section.
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
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Section 6.03. Captions. The captions herein are inserted
only as a matter of convenience and for reference, and in no way
define, limit or describe the scope of these Bylaws or the intent
of any provision thereof.
Section 6.04. Gender. The use of the masculine gender in
these Bylaws shall be deemed to include the feminine and neuter
genders and the use of the singular shall be deemed to include
the plural, and vice versa, whenever the context so requires.
IN WITNESS WHEREOF, the Declar nt has e cute these Bylaws
on behalf of the Association, this 7- day of �,� 1983.
WITNESSES:
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
SU A TR CrDOMIN UM ASSOCIATION
BY
D' y Authoriz d Agent
-17-
Building
No.
1
2
3
4 Buildings
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON, VT 05402
SUGARTREE CONDOMINIUM
Unit
No.
101
102
103
104
105
106
107
108
201
202
203
204
205
206
207
208
209
210
301
302
303
304
305
306
307
308
309
310
401
402
403
404
405
406
34 Units
Valuation
$ 56,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
56,900.00
56,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
56,900.00
56,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
55,900.00
56,900.00
56,900.00
55,900.00
55,900.00
55,900.00
55,900.00
56,900.00
$1,908,600.00
COND11
CHL02
030383
Exhibit D
Common Element
Interest
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
2.94
100 Percent
(rounded)
i
FITZPATRICK-LLEWELLYN ASSOCIATES
Engineering and Planning Services I
The Kiln • Brickyard Road • Essex Junction • Vermont • 05452 • (802) 818-3000
10 November 1982
Ms. Katherine M. Powers
District #4 Coordinator
111 West Street
Essex Junction, Vermont 05452
Re: Sugartree Condominiums
Case # 4C0452
File: 8284
Dear Ms. Powers:
In response to our meeting last Friday, we are enclosing information re-
quested by you.
Please find enclosed four (4) additional copies of building and garage
elevations, supplied by Mr. William Duff, for the Owner.
Also enclosed is an amendment application to extend the completion date
from December 1982 to December 1983, signed by Mr. Duff as agent for the Owner.
We have asked Mr. Duff about the intended exterior colors for the structures.
He has informed us they will be finished in earthtone colors to blend with both
the surrounding woods and adjacent development. These colors tend towards brown/ -
grey stains for the exterior, and brown/black asphalt shingles for roofs. Trim
stains/paint will generally match siding colors, and tend to be a shade lighter
in color.
As requested, we have briefly reviewed the proposed erosion control techniques
originally approved, with respect to their applicability for fall/winter construct-
ion.
Generally, we feel if the proposed techniques are followed, they should be
adequate to either arrest erosion or to insure that any eroded material does
not exit the site.
We do feel that the Contractor could better insure that no eroded materials
leave the site by constructing a temporary detention/filtration basin at the
discharge of the storm sewer near the northwesterly boundary line. Such a basin
could simply consist of a staked double row of haybales in a seini-circle config-
uration at the storm pipe outlet, having a radius of about twenty feet. Such a
basin would detain about six or seven thousand gallons of storm water, allowing
sediment to settle out and provide some filtration as the water seeped through the
hay.
Design • Inspection • Studies • Permitting
Ms. Katherine M. Powers -2- 10 November 1982
Although not specifically mentioned in the 'Land Use Permit, we would also
recommend that any bare -earth slopes over 30% in grade be mulched either after
final grade is achieved or seed is applied in order to prevent excessive erosion.
We think that if these conditions are spelled out in the amended permit
(time extension), the necessary notice to the Contractor would be sufficiently
established and would provide the protection for "winter work" you spoke of
during our meeting.
Do keep in mind that, in our opinion, it is the Contractor's sole respon-
sibility, irrespective of what the plans and permits indicate, to insure that a
minimum of erosion occurs, and that which does occur must be kept on the site;
this is simply responsible workmanship.
As you instructed during our meeting, we have informed the Owner he need not
return the Commencement of Construction Notice. Also, we have delivered a copy
of the amendment application to the statutory parties, as you indicated we should.
We trust the enclosed information satisfies the points raised during our
meeting. Should you require additional input, please contact either us or
the Owner at your convenience.
DRF/lag
cc: Mr. Duff/Milot
CCRPC
City of South Burlington
South Burlington Planning Commission
Sincerely yours,
FITZPAT C - -WELLYN
Douglas R. Fi zPatrick, P.E.
FITZPATRICK-LLEWELLYN ASSOCIATES
Engineering and Planning Services
",& C- " &,V4 / ""Z%/,/ , " C--
PERRY & SCHMUCKER
ATTORNEYS AT LAW
I4SO WILLISTON ROAD
P. 0. BOX 2322
SOUTH BURLINGTON.
VERMONT 05402
AGREEMENT
THIS AGREEMENT is made this day of ,
1980, by and between GERALD MILOT, of Essex, County of Chittenden,
hereinafter called "MILOT", and TREETOP CONDOMINIUM ASSOCIATION,
INC., a Vermont corporation with principal offices in South
Burlington, County of Chittenden, hereinafter called "TREETOP".
WHEREAS, MILOT is the owner of a parcel of land containing
four and eighty-five one hundredths (4.85) acres, more or less,
situated on the northerly side of Kennedy Drive in the City of
South Burlington, next adjacent westerly to lands and premises
known more commonly as Treetop Condominiums; and
WHEREAS, MILOT intends to construct upon said parcel a
condominium development known presently as Sugar -Tree Condominiums,
and because it is mutually desirable to utilize some of the trees
now in existence along the common boundary to screen the Sugar
Tree and Treetop Condominium developments from each other, it is
agreed that a "green space corridor", hereinafter called "corridor"
will be created.
WHEREFORE, it is further agreed as follows:
1. The corridor shall be a strip of land at least twenty
(20) feet wide extending northwesterly from Kennedy Drive to the
rear property line of the MILOT property, and shall lie westerly
Df and contiguous to the common TREETOP -Sugar Tree property line.
2. Since Sugar Tree Condominiums are not presently yet
er construction, any rights or obligations of either party
ereto will not become vested until Sugar Tree construction and
landscaping is complete, or at the latest when five percent (5%)
f the Sugar Tree units are occupied.
3. MILOT will protect the corridor by placing a snow fence
along the westerly sideline of the corridor during all phases of
PERRY & SCHMUCKER
ATTORNEYS AT LAW
1480 WILLISTON ROAD
P. O. BOX 2323
SOUTH BURLINGTON.
VERMONT 05402
construction involving earth moving or the presence of earth
ving equipment on the premises.
4. MILOT and TREETOP agree that the healthy, mature trees
within the corridor shall be protected, from within the corridor,
from any act of injury or destruction, and once the interest of
the parties vest as set forth in Paragraph 2, either party may
enter the corridor after fifteen (15) days written notice to the
other to do any act or thing recommended by the Chittenden County
Forester consistent with good tree management practices.
5. In the event that either MILOT or TREETOP, after
vesting, disagree with respect to the doing of any act or thing
within the corridor which is recommended by the Chittenden County
Forester, the decision of the Chairman of the Department of
Forestry at the University of Vermont shall be conclusive upon
Both parties.
6. No buildings, structures, or construction of any kind
gill be permitted within the corridor, and after vesting, no
buildings, structures, nor construction of any kind shall take
place within ten (10) feet on either side of the corridor if in
the opinion of the Chittenden County Forester it would be injurious,
to the trees or shrubbery within the corridor. j
7. It is fully contemplated that in the event any trees or
Shrubbery within the corridor were to die, either as a result of
lisease or other causes, such dead or diseased tree or trees or
shrubbery may be removed by either party and replaced with new
)lanting.
8. The rights of TREETOP and MILOT, after vesting, to
Inter the corridor and to maintain the stand of trees and shrubbery
d th respect to good forest management practices shall not
:onstitute an obligation on the part of either party to share in
:he costs incurred by the other.
-2-
9. This Agreement shall be recorded in the Land Records of
the City of South Burlington and shall be binding upon the heirs,
assigns, and personal representatives of MILOT and TREETOP.
Dated as of the day and date first above written.
IN THE PRESENCE OF:
Gerald Milot
TREETOP CONDOMINIUM ASSOCIATION, INC.
Director Authorized by
Resolution
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At , this day of ,
1980, GERALD MILOT personally appeared, and he acknowledged this
instrument, by him sealed and subscribed, to be his free act and
deed.
Before me:
Notary Public
TATE OF VERMONT
HITTENDEN COUNTY, SS.
At this day of ,
980, , Director authorized by
esolution on behalf of TREETOP CONDOMINIUM ASSOCIATION, INC.
oard of Directors, personally appeared, and acknowledged
his instrument, by sealed and subscribed, to be free
ct and deed and the free act and deed of TREETOP CONDOMINIUM
SSOCIATION, INC.
Before me:
0
PERRY & SCHMUCKER
ATTORNEYS AT LAW
1450 WILLISTON ROAD
P. 0. BOX 2323
SOUTH BURLINGTON.
VERMONT 05402
Notary Public
Carl Lisman, Esq.
Page 2
July 23, 1980
"A right of way easement, having a frontage of 50 feet
on the northerly side of Kennedy Drive and a uniform
width of 50 feet, and westerly and easterly sidelines
of 100 feet; all as shown and depicted on a survey
entitled, "Sugar Tree Condominiums, Final Plat," dated
January 17, 1980, revised February 12, 1980, March 6,
1980 and May 5, 1980, to be recorded in Volume ,
Page , of the Land Records of the City of South
Burlington. Being a portion of the lands and premises
conveyed to Gerald C. Milot pursuant to a Warranty Deed
dated the day of 19 , and of record
in Volume , Page of the City of South
Burlington Land Records.
Said right of way easement is subject to the limitation
that the Grantee shall make no site improvements re-
quiring removal of any trees on that portion of the
right of way located at a depth of 60 feet or greater
from the northerly side of Kennedy Drive until such time
as the Planning Commission determines that such site
improvement is necessary to accommodate road access to
neighboring parcels of land on the northerly side of
Kennedy Drive."
Please feel free to contact me directly regarding the requested
change.
Very truly yours,
Steven F. Stitzel
SFS/rcw
Enclosures
cc: David Spitz
City Planner
RICHARD A. SPOKES
IOSEPH F. OBUCHOWSKI
WILLIAM G. LIVINGSTON
STEVEN F. STITZEL
SPOKES 8 OBUCHOWSKI
ATTORNL'YS AT LAW
P. O. BOX 2325
SOUTH BURLINGTON, VERMONT 05401
July 23, 1980
Carl Lisman, Esq.
Lisman & Lisman
191 College Street
Burlington, Vermont
05401
Re: Sugar Tree Condominiums
Dear Carl:
Enclosed please find the following documents:
1. Private Roadway Agreement and Waiver;
2, Offer of Irrevocable Dedication (water line
easement);
3. Right of Way Easement (water line);
4. Transfer Tax Return (water line easement);
5. Offer of Irrevocable Dedication (water line
and piping);
6. Bill of Sale (water line and piping);
7. Offer of Irrevocable Dedication (roadway
right of way);
8. Right of Way Easement (roadway); and
9. Transfer Tax Return (roadway).
1775 WILLISTON ROAD
TELEPHONE (802) 863-2857
With the exception of documents #7 and #8 above, all the attached
documents are in acceptable form.
With regard to documents #7 and #8, I request that they be resubmitted
with the following description of the right of way:
Mr. David Spitz
September 29, 1980
Page Two
Please contact me directly if you have any questions
regarding these documents.
Very truly yours,
Steven F. Stitzel
SFS/bjh
enclosures
cc: Carl Lisman
V t,; 3'P'T q l�rJo
RICHARD A. SPOKES
JOSEPH F. OBUCHOWSKI
WILLIAM G. LIVINGSTON
STEVEN F. STITZEL
SPOKES F6 OBUCHOWSKI
ATTORNEYS AT LAW
P. O.BOX 2325
SOUTH BURLINGTON, VERMONT 05401
September 29, 1980
Mr. David Spitz
City Planner
City of South Burlington
South Burlington, VT 05401
Re: Sugar Tree Condominiums
Dear David:
1775 WILLISTON ROAD
TELEPHONE (802) 863-2857
Enclosed please find the following documents:
1.
Private Roadway Agreement and Waiver.
L/2.
Offer of Irrevocable Dedication (roadway right-of-way).
✓
3.
Right -Of -Way Easement (roadway).
v14.
Transfer Tax Return (roadway).
✓
5.
Offer of Irrevocable Dedication (water line and piping).
✓
6.
Bill of sale (water line and piping).
✓
7.
Right -Of -Way Easement (water line and piping).
8.
Offer of Irrevocable Dedication (water line right-of-way).
✓
9.
Transfer Tax Return (water line right-of-way).
The documents identified as No. 1, No. 2, No. 5 and No. 8 are
ready for signing and recording by the City of South Burlington.
The remaining documents should be placed in cold storage until
construction is completed and the rights -of -way and pipelines
are accepted by the City.
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