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HomeMy WebLinkAboutMS-05-05 - Supplemental - 1495 Dorset StreetSOUTH "URLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-41-o6 October 19, 2005 Gary Rounds 31 Vale Drive South Burlington, VT 05403 Re: Minutes — 1495 Dorset Street Dear Gary: For your records, enclosed is a copy of the minutes from the September 20, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy ronough Plannining Assistant Encl. 611 VELOPMENT REVIEW BOARD 20 SEPTEMBER 2005 contacted Mr. Llewellyn hadn't wanted to pay for a new plan. Mr. Fitzgerald said there are no setback or other zoning violations. Mr. Dinklage reiterated that the building was not built according to the only plan the city has. He said the Board pays attention to the location of buildings, and the city has to take this very seriously. He noted there are a lot of residents whose clear title is at risk because of the Bianchi decision. Mr. Brooks, a neighbor, said he has livedin one of the condos for I I years. He aid saping was finishedsthey they all got temporary CO's with a statement that when the land would be entitled to a permanent CO. He asked why they can't be granted a waiver after all this time. Mr. Kupferman asked if there is a regulation that allows the DRB to grant a CO. Mr. Fitzgerald said he didn't know, but he believed this was a case of "substantial conformance." The only thing indicated as outstanding the temporary CO was remedied. Mr. Belair stressed that the statutes don't allow him to issue a CO for this building. Mr. Dinklage suggested the Board discuss this with the City Attorney and get an understanding of "substantial conformance" from him. Mr. Kupferman moved to close the public hearing. Ms. Quimby seconded. Motion passed unanimously. 10. Miscellaneous application #MS-05-04 f Road:Malcolm Willard to stockpile up to 2000 cubic yards of fill,1100 Hinesburg The applicant was not present. Mr. Dinklage said he wanted to know more about this. Ms. Quimby moved to continue Miscellaneous application 4MSo 05 04 Malcolm ly. Willard until 4 October 2005. Mr. Kupferman seconded. M passed 11. Miscellaneous Application #MS-05-05 of Gary Rounds for approval under Section 3.06(.n(2) of the Land Development Regulations to allow a 401x40' and 81x10' breezeway to encroach 12 feet into the required front setback, 1495 Dorset Street: Ms. Quimby stepped down during this application due to a conflict of interest. Staff said there were no issues with the request. -9- bEVELOPMENT REVIEW BOAR1, 20 SEPTEMBER 2005 Mr. Kupferman moved to approve Miscellaneous application #MS-05-05 of Gary Rounds subject to the stipulations in the draft motion. Ms. Bolton seconded. Motion passed unanimously. Ms. Quimby resumed her seat on the Board. 12. Public Hearing: Final Plat Application #SD-05-77 of Homestead Design, Inc., to amend a previously approved planned unit development consisting of 89 multi -family units in 24 buildings. The amendment consists of revising the landscaped berms by increasing the height from three feet to six feet, Songbird Road: Mr. Nedde said the intent is raise the berm north of the project to buffer buildings from the Interstate. The berms will be expanded toward the units. They also want to add some sunrooms in a number of the units. Footprints of the units were reduced to do this. Building coverage for the project remains the same. Mr. Belair noted the sunrooms were not part of the public notice and asked whether the Board was comfortable with this. Mr. Nedde said there is a time crunch involved. Mr. Dinklage asked why it was done so late. Mr. Nedde said the request came to them late. Members felt it was important to do it right and agreed to deal only with the berms. Mr. Kupferman moved to approve Final Plat Application #SD-05-77 of Homestead Design, Inc., for berm changes only, subject to the stipulations in the draft motion. Mr. Bolton seconded. Motion passed 6-0 with Mr. Birmingham abstaining. 13. Pizzagalli Properties, LLC, requests discussion of proposed 36,000 sq. ft. 2- story office building, lot 43, 193 Tilley Drive: Mr. Belair noted this property falls in 2 zoning districts, I-O and I-C. In the I-O district, a PUD is required; in the I-C district there can be a site plan only. Mr. Dinklage asked why the applicant wants so much parking. Mr. Bouchard said 3.5 doesn't work anymore. Tenants are asking for 5 for general office use. Ms. LaRose noted they are asking for a reduction of 9 parking space. Mr. Bouchard said that would be OK. 14. Sketch Plat Application #SD-05-76 of Pizzagalli Properties, LLC, to construct a 54,840 sq. ft. office buildings, lot #4, 1.92 Tilley Drive: Mr. Dinklage noted the applicant has provided 2 options and staff prefers B-lK. Parking is closer to the Interstate and the building is closer to Tilley Drive. There is a concern with people getting "lost" around the back of the building. B-1 G is much clearer. Mr. Bolton preferred option "G" as well. -10- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 15, 2005 Gary Rounds 31 Vale Drive South Burlington, VT 05403 Re: 1495 Dorset Street Dear Gary: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, September 20, 2005 at 7:30 P.M. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McD ough Planning & oning Assitant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 September 12, 2005 Gary Rounds c/o South Burlington Fire Dept. 575 Dorset Street South Burlington, VT 05403 Dear Property Owner: Enclosed is a draft agenda for the September 6, 2005 Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public hearing is being held regarding the proposed development. Please call our office at 846-41o6 if you have any questions. Sincerely, � c� Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 22, 2005 Gary Rounds 31 Vale Drive South Burlington, VT 05403 Re: Miscellaneous Application #MS-05-05 Dear Gary: Enclosed is a copy of the Findings of Fact and Decision for the above referenced project. Please note the conditions of approval including that you obtain a zoning permit within six (6) months. If you have any questions, please let us know. Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: September 8, 2005 \drb\misc\rounds\misc.doc Plans received: August 23, 2005 MISCELLANEOUS APPLICA TION #MS-05-05 Agenda # 11 Owner/Applicant Gary Rounds 31 Vale Drive So. Burlington, VT 05403 Location Map ROUNDS-1495 DORSET STREET Meeting date: September 20.2005 Property Information 1495 Dorset Street Tax Parcel 0570-01495 SEQ Zoning District CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\clements\conditional use.doc PROJECT DESCRIPTION Gary Rounds, hereafter referred to as the applicant, is seeking miscellaneous approval under Section 3.06(J)(2) of the Land Development Regulations to allow a 40'x40' garage and 8x' 10' breezeway to encroach 12 feet into the required front setback, 1495 Dorset Street. COMMENTS Associate Planner Cathyann LaRose, and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on August 23, 2005 and have the following comments. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations the proposed conditional use shall meet the following standards: 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff does not feel that the proposed addition is in conflict with the planned character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. According to Section 9.01 of the Land Development Regulations, the Southeast Quadrant Zoning District encourages the location and clustering of buildings in a manner that will best preserve the open space character of the area. Strictly speaking, any new buildings would replace open space. However, staff feels that the proposed garage will do little to affect the overall character of the zoning district. However, the Land Development Regulations require that structures along Dorset Street maintain a 50' setback, which this project would be in conflict with. 3. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed addition will not adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. Staff does not feel that the proposed garage will adversely affect the character of the neighborhood. The addition is proposed to be located approximately 25 feet further from the public right of way than the existing house. One concern with allowing encroachments into setbacks is that it might allow other dwelling units in this neighborhood to encroach into the CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\clements\conditional use.doc established setback, under Section 3.06(J) of the Land Development Regulations. However, because the existing house is located closer to the road than the proposed garage, this will not change the setback standards for neighboring homes. (c) Traffic on roads and highways in the vicinity. The proposed addition will not affect traffic in the vicinity. (d) Bylaws in effect. The proposed addition is not in keeping with applicable regulations, specifically the front yard setback requirements outlined in table C-2 of the Land Development Regulations. (e) Utilization of renewable energy resources. The proposed addition will not affect renewable energy resources. (0 General public health and welfare. The proposed addition will not have an adverse affect on general public welfare. Pursuant to Section 3.06(J)(3) of the Land Development Regulations the proposed conditional use shall meet the following standards: Encroachment of a structure into a required setback beyond the limitations set forth in (a) and (b) above may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Uses, but in no event shall a structure be less than three (3) feet from a side or rear property line or less than five (5) feet from a front property line. In addition, the Development Review Board shall determine that the proposed encroachment will not have an undue adverse affect on: (a) views of adjoining and/or nearby properties; The proposed addition will not have an undue adverse affect on the views of adjoining properties. (b) access to sunlight of adjoining and/or nearby properties; The proposed addition will not have an undue adverse affect on the access of sunlight of adjoining properties. (c) adequate on -site parking; and The proposed addition will not have an undue adverse affect on adequate on -site parking- (d) safety of adjoining and/or nearby property. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\clements\conditional use.doc The proposed addition will not have an undue adverse affect on the safety of adjoining properties. RECOMMENDATION Staff recommends that the Development Review Board approve Miscellaneous Application #MS- 05-05, as submitted. Respectfully submitted, Cathy n LaRose, Associate Planner Copy to: Gary Rounds, applicant GARAGE BREEZE rl I C'ITY OF SOUTH 3TJ!RL1NCTTO1,,T DEPEa]CiS,'TIVIEPTIP G- PLA1 �NENG & ;ZONEI NG 575 DORSET STREET" S01=1_ BURLE"JGTOI , VEIRTIVTC3Mr 05403 (802) 846-4106 FAX (802) 846-4101 Permit # All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation ( ) Request for a conditional use ( ) Request for a variance Other PROVISION OF ,BONING ORDINANCE IN QUES-FION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING'? 1)OWN R OF RECORD (Name as shown on deed, mailing address, phone & fax #): C -70 n 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone and fax #) 4) CONTACT PERSON /oe[sOD who will receive staff correspondence. Include narOB. mailing address, phone & fax # if different from above): BPROJECT STREET ADDRESS: 0\TAX PARCEL |O#: ,") 6 7) PROJECT DESCRIPTION use): A. Existing Uses on Property (including description and size of each separate e-. B. Proposed Uses on Property (include description and size Ofeach new use and C. Total building square footage on property (proposed buildings & existing building to n8rn@iO): ~-� D. Height of building f, number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): E. Number ofresidential Units (if applicable, new units & 8xio1|nQ units to F. Number of employees & company vehicles (existing & proposed, note office vs. non -office enlp|oyeea): --------~ G. {]1h8r (list any other iOfonO8dOR pertinent to this application not specifically requested above, please note if overlay districts are applicable): 8) LOT COVERAGE A. Total parcel size: Sq. Ft. - � B. Buildings: Ft Proposed _Sq. Ft. C. Overall impervious coverage (build' ig, parking, outside storage, etc) Existing /©. % / 6 Sq. Ft. Proposed % I Ca Sq. Ft. l � D. Total area to be disturbed during construction: ! t/G Sq. Ft. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ )D, 5 "e)C)i `V" B. Landscaping $ C. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: A 4 A. Average daily traffic for entire property (in and out)- B. A. M. Peak hour for entire property (in and out): C. P.M. Peak hour for entire property (in and out): 11) PEAK FLOURS OF OPERATION 12) PEAR DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DA 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): S 4(74cl�91) I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIVATURE OF APPLICANT SrGNAT IRE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: A REVIEW AUTHORITY: //6Development Review Board El Director, Planning & Zoning I have reviewed this application and find it to be: O - E 0 Incomplete V1 Virektor of Planning & Zoning or Designee ate T EXHIBIT A SITE PLAN The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (11 " x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. o Lot drawn to scale (20 feet scale if possible). o Survey data (distance and acreage). o Contours (existing and finished). o Proposed landscaping schedule (number, variety, and size) as required in Section 13.06(G) of the Land Development Regulations. o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. o Existing and proposed curb cuts, pavement, walkways. o Zoning boundaries. o Number and location of parking spaces (as required under Section 13.01(b) of the Land Development Regulations). o Number and location of handicapped spaces (as required under Section 13.01(I) of the Land Development Regulations). o Location of septic tanks (if applicable). o Location of any easements. o Lot coverage information: Building footprint, total lot, and front yard. o North arrow. o Name of person or firm preparing site plan and date. o Exterior lighting details (cut sheets). All lights should be down casting and shielded. o Dumpster locations (dumpsters must be screened). o Bicycle rack as required under Section 13.01(G)(5) of the Land Development Regulations. o If restaurant is proposed, provide number of seats and square footage of floor area provided for patron use but not containing fixed seats. APPLICATION FEE ❑ Appeal of Administrative Officer $ 110.00* ❑ Conditional Use $ 135.00* ❑ Miscellaneous $ 85.00* ❑ Variance $ 135.00* *includes $10.00 recording fee 08/23/2005 City of South Burlington Grand List Page 1 of 1 11:26 am Parcel Report tleblanc For Parcel: 0570-01480. SCHMUCKER RONALD C & KAY F Name SCHMUCKER RONALD C & KAY F 1480 DORSET ST S BURLINGTON VT 05403 Location 911 340 DORSET HEIGHTS Tax Map 67-015-001 Codes: (1) (Category) R2 (Equipment) (Owner) T Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 10.00 Real Land Building Equipment Inventory Values: 274,100 58,000 216,100 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 274,100 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 274,100 Housesite Special Exmp Grand List 228,300.00 0.00 2,741.00 Misc: Status: T Bill #: 56020 Updated: 08/02/2005 Taxes: (Total) 7942.59 (1) 2647.53 (2) 2647.53 (3) 2647.53 (4) 0.00 Last sale was: Invalid on / / for $0 recorded on 00000/00000 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 101207000 (8) : N (9) : 0 SPAN: 600-188-15575 HS-131 Filed on 04/07/2005 08/23/2005 City of South Burlington Grand List Page 1 of 1 11:26 am Parcel Report tleblanc For Parcel: 0570-01475. SCANLON JAMES D & DOLORES V Name SCANLON JAMES D & DOLORES V 50 GRIPPEN HILL RD VESTAL NY 13850 Location 911 1475 DORSET ST Tax Map 61-005-000 Codes: (1) (Category)M (Equipment) (Owner)NS Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 28.95 Real Land Building Equipment Inventory Values: 264,500 264,500 0 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 0 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 264,500 Housesite Special Exmp Grand List 0.00 0.00 2,645.00 Misc: Status: T Bill #: 55995 Updated: 08/02/2005 Taxes: (Total) 7359.96 (1) 2453.32 (2) 2453.32 (3) 2453.32 (4) 0.00 Last sale was: Invalid on / / for $0 recorded on 00000/00000 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 104920000 (8) : N (9) : 0 SPAN: 600-188-15549 08/23/2005 City of South Burlington Grand List Page 1 of 1 11:25 am Parcel Report tleblanc For Parcel: 0570-01500. FALKENBERG FAMILY TRUST Name FALKENBERG FAMILY TRUST 215 GREEN MOUNTAIN DR ATHENS PA 18810 Location 911 1500 DORSET ST Tax Map 67-008-000 Codes: (1) (Category)RI (Equipment) (Owner)NS Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 10.00 Real Land Building Equipment Inventory Values: 123,800 28,000 95,800 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 0 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 123,800 Housesite Special Exmp Grand List 0.00 0.00 1,238.00 Misc: Status: T Bill #: 52506 Updated: 08/09/2005 Taxes: (Total) 3444.84 (1) 1148.28 (2) 1148.28 (3) 1148.28 (4) 0.00 Last sale was: Invalid on 10/24/2003 for $1 recorded on 643/225 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 104921000 (8) : N (9) : 0 SPAN: 600-188-12044 08/23/2005 City of South Burlington Grand L-Lst Page 1 of 1 11:25 am Parcel Report tleblanc For Parcel: 0570-01497. HINSDALE CLARK W JR Name HINSDALE CLARK W JR 294 N WINOOSKI AVE BURLINGTON VT 05401 Location 911 1497 DORSET ST Tax Map 67-005-000 Codes: (1) (Category)M (Equipment) (Owner) S Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 1.25 Real Land Building Equipment Inventory Values: 89,000 0 89,000 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 0 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 89,000 Housesite Special Exmp Grand List 0.00 0.00 890.00 Misc: Status: T Bill #: 53365 Updated: 08/02/2005 Taxes: (Total) 2476.50 (1) 825.50 (2) 825.50 (3) 825.50 (4) 0.00 Last sale was: Invalid on 02/12/1979 for $40000 recorded on 00146/00396 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 105300000 (8) : N (9) : 0 SPAN: 600-188-12901 Page 200 (1 -FORM 1901 - WARRANTY DR[RU 1 i rvn r � jRt CHITTENDEN TRUST OMPANY, a banking institution i of Burlington ' (' in', the County of Chittenden and State of Vermont IS' Iq Grantor in the consideration of TeP.n andmore---------------------------------- Dollars r' paid to its full satisfaction r3 EDWARD P. JOHNSON, and DIANE L. JOHNSON e " I of Hinesburg ln,the County of Chittenden a�td State of Vermont Id t' ;I Grantees , by these presents, do freely Gibe, Draft, ffielz,:,t onb,tp A'ftb'Cod frm unto the:said Grantees EDWARD,P_JOHN�SON and DJA L. JOHNSON r, and their heirs and assiins forever, a certain piece of land in South BuIington in the County of Chittenden �' n y` aid State of i Vermont, described as follows,, viz: ij Beginning on the westerly sidey of Dorset Street 1,568.65 feet northerly of the north easterly corner of land now off• formerly belonging to one Blair; thence turning to the left'and proceeding north 890 ,�4' west; 125 feet more or less to a point; thence turning to the right and proceeding, north Oo 6.''east 191.5 feet more or less to a point; thence turning left and proceeding north 880 44' west 22.6 feet more or less to a point in the southeast corner of land now or formerly of Gauthier; thence turning right and proceeding north Oo 54' east 158.8 feet more or less 1) an iron pipe placed in the ground; thence turning to the right and proceeding soµth 89' 22 1/2' east a distance of 145.5 feet more or less, said point being the 1� tersebt on of Gauthier land with the westerly side line of Dorset Street marked by aril'; iron pin; thence turning to the right and proceeding.349.3 feet more or less, in an along'the westerly side line of Dorset Street to the point of beginning. This parcel contains 1.08 acres more, or less together with house and out buildings ,Being parcel #3 on a plot entitled "Plot Showing Property of the Chittenden Trust Co." dated February 1; 1974 and recordedin Vol. J 05, Page a3 of the City of South Burlington Land Records. Being a portion of the same land and p'rnmises foreclosed upon by the within grantor; the decree and certificate of rlon-redemption being dated Octoper 31, 1973`9n,4 xecorded in Vol. Page of the City ,of South Burlington Land Records Reference is hereby made to said deeds and their records in further aid of this description. !. i ���w„ ��,�4'\ �4n� NNCCCCI I Vol. 115 Page 202 and it hereby engqe% to Warrant anbMtf Mb the same a4fainst all lawful claims whatever, CHITTENDEN TRUST COMPANY, by its duly authorized agent In Wituto Wbereof.- has hereuhto set its hand and s" this L day Of F-br,' r y .4-. D. 19 74 ITT NDEN, T�O�MPA�NY It, d, authorized agent it .4t —11—gLon Mate of Vermont, ; I this CHITTENDEN QfoUntp /� day of .4. D. 1974 CHITTENDEN TRUST COMPANY, by its agent duly authorized personally appeared, and he acknowledged this instrument, by him sealed and subscribed, tobeis free act `and deed. Before e2- i i/ Notary Public Vermont Property Transfer Tex 32 V.S.A. Chap. 231 ACKNOWLEDGMENT— Roturn Rec'd—ra ard of Health rt. Rec'd— Vt. Land Use x,, e", I lan, AO �cft- Rec'd. Return N I Signed Date Clark CITY(,-. )R 'S OFFI E Received n rl z0 Qq at ILL. M Recorded �,{� . 0 Pa9EL ,. 13q Of u i ngtcn Land :`R-ecsor ds Vermont Warranty Deed Attest: Gonna S. Kinville, City clerk KNOW ALL MEN BY THESE PRESENTS THAT I, HEATHER A. COUTURE n/k/a HEATHER A. LAROSE, of Grand Isle in the County of Grand Isle and State of Vermont, Grantor, for and in consideration of Ten and more Dollars paid to my satisfaction by Gary L. Rounds, of Burlington, County of Chittenden, State of Vermont, Grantor, these presents do freely give, grant, sell. Confirm and convey to Gary L. L Rounds, is heirs and assigns forever, a certain parcel of land with all buildings thereon in Sou Burlington, Vermont described as follows, viz: �--- by Being all and the same lands and premises conveyed to me by Warranty Deed of Ronald C. Schmucker Dated May 25, 2000, of record in Vol 475 at pages 507-8 of the City of South Burlington land records to which deed reference is made in further aid of this description. Said parcel is more pa .ocularly described in said deed as follows: "Beginning on the westerly side of Dorset Street 1,568.65 feet northerly of the northeasterly corner of land now or formerly of Blair, thence turning to the left and proceeding N 89°54' W 125 feet, more or less, to a point, thence turning to the right and proceeding N 00°06' E 191.5 feet, more or less, to a point; thence turning to the left and proceeding N 88°44' W 22.6 feet, more or less, to a point marked by an iron pipe marking the southeast corner of land now or formerly of Gauthier; thence turning to the right and proceeding N 00°54' E 158.8 feet, more or less; to an iron pipe, theft �'� z f L L age; thence turning to the right and proceeding south 89' 22' 30" E a distance of 145.5 feet, more or less, to a point marked by an iron pipe, said point marking the intersection of land now or formerly of one Gauthier at its southeasterly corner with a westerly sideline of Dorset Street; thence turning to the right and proceeding southerly in and along the westerly sideline of Dorset Street for a distance of 349.3 feet, more or less, to the point or place of beginning. This parcel contains 1.08 acres, more or less, with house and outbuildings thereon. Intending to convey those lands and premises described as Parcel Number 3 on a Plan entitled "Plat Showing Property of Chittenden Trust Co. dated February 1. 1974 Willis Engineering Associates, Inc Project # 4043" as recorded in Vol 105(Plans) at page 23 of the City of South Burlington Land Records. It is a part of the consideration for this conveyance that the lands and premises herein conveyed may not be used for commercial purposes but shall be used for residential purposes only.This covenant shall run with the land so-called for a period of 20 years from date and shall be binding.�Khe Grantee heftis, her heirs, kwr successors and l assigns. This covenant may b Uenforced by all legal an/or equitable remedies." Reference is made to the above instruments, the records therof, the references therein made and their respective records and references in further aid of this description. The premises are sold in an "AS IS" basis, except for the warranties of title Said land and premises forms no part of my homestead. Anthony Larose joins in this deed, not as a record title holder, but as the spouse of Heather A. Larose.. to convey any such rights he may have by being said spouse. TO HAVE AND TO HOLD said granted said premises with all the rights and privileges and appurtenances thereof. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, GARY L. ROUNDS, and his heirs and assigns, to his own use and behoof forever; And the said Grantor, HEATHER A. COUTURE,n/k/a HEATHER A.LAROSE for my myself and my heirs and assigns, do covenant with the said Grantee, GARY L. ROUNDS, his heirs and assigns, that until the ensealing of these presents I am the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, And I hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of 2004. THE PRESEN E OF: as to both Heather A. Couture �ther A. Larose Anthony Larose STATE OF VERMONT COUNTY OF CHITTENDEN,SS. At 14,MC , in said County and Stat ; this Of Ci.�1t,tC�M; , 20 ,personally appeared HEATHERA.L,4R-4� n/k/a LAROSE and ANTHONY LAROSE personally appeared.and they acknowledge this instrument, by them sealed and subscribed to be their free act and deed. Before me: Notary Public Commission expires',?-) Vermont PropertY Transfer Tax 32 V.S.A. Chap 231 s--ACKN NT r:DGEMENT-- RETURN RED J T?r; P ()A1U OF HEALTH CERT. REC'D. VT LAND USE & G-VELurw icN' pL;..S ACT. CERT. REC'Q Return No. ,Clerk Date