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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 -3- 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: -4- 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 -2- (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. -3- (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 COND11 CHL02 030383 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 COND11 CHL02 030383 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 -2- COND11 CHL02 030383 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. -3- COND11 CHL02 030383 (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; -4- COND11 CHL02 030383 (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 -5- COND11 CHL02 030383 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 COND11 CHL02 030383 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 -7- COND11 CHL02 030383 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 COND11 CHL02 030383 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 COND11 CHL02 030383 (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. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -10- COND11 CHL02 030383 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 LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -11- COND11 CHL02 030383 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 LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -12- Rwhihit- C SUGARTREE CONDOMINIUM ASSOCIATION BYLAWS ARTTCT,F T Plan of Unit Ownership COND11 CHLO1 012683 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. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 COND11 CHL01 012683 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 LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -2- COND11 CHLO1 012683 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 LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT 05402 -3- COND11 CHLO1 012683 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. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -4- COND11 CHLO1 012683 (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. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 5� COND11 CHLO1 012683 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. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 COND11 CHLO1 012683 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 LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -7- COND11 CHLO1 012683 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. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 i COND11 CHL01 012683 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. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 COND11 CHL01 012683 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. LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -10- COND11 CHLO1 012683 (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 LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 -11- COND11 CHL01 012683 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: LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT 05402 (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, -12- COND11 CHL01 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 -13- COND11 CHLO1 012683 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 CHL01 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 -15- COND11 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 -16- COND11 CHLO1 012683 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. .w, t-roavy svr gR 114 00 IWO 4-w C� r fth m — - Nie �vj S L R 1 =30 G-i ti u,h-16x3�xa J� J ct C L' cu IA. Cn^. F -,"' • I NO 0 I Lo Vn y Kv- y U� c tPli, �'t x � ' V,Etill t=-DY "WE: v FCZ%7 PQfzl.