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Home My WebLink AboutBATCH - Supplemental - 0410 Farrell Street1 € uth Burlington Public 'Works 575 3f RSET STREET SOUTH BURLINGTON, V RMONT 05403 TEL. (802)558-795 t FAX: (802)558-7978 t a r ,a Lt�aDrtA L L HE March 13, 2007 Mr. Ray Belair Zoning Administrator South Burlington Planning and Zoning 575 Dorset St South Burlington, Vermont 05403 RE: Eastwood Commons II Landscaping Dear Ray: This letter is intended to bring you up to date on issues involving the landscaping at Eastwood Commons II, specifically the planting of several Green Ash trees. As you are aware, Green Ash is not a recommended species in South Burlington due to over planting in the past ten years or so. Several Ash trees were planted on this site against recommendations, resulting in the issuance of a Temporary Certificate of Occupancy. On February 27, 2007, I met with Eric Farrell in order to resolve this problem. In lieu of removing and replacing the Green Ash on this site, Eric volunteered to pay a sum of $5000 into the City's Tree Maintenance Fund. I have agreed to accept this solution and recommend that Permanent Certificate of Occupancy be issued upon receipt of this payment. Feel free to contact me if you require any additional information regarding this matter. I can be reached at the above phone number or by e-mail at sbpwcl@comcast.net Sincerely, Craig Lambert South Burlington City Arborist CC: Eric Farrell Page 1 of 2 Ray Belair From: Faraone, Robin [RFaraone@hbinsurance.com] Sent: Monday, January 22, 2007 3:15 PM To: Ray Belair Subject: RE: License & permit Bond release -Wright & Morrissey Hi Ray: I received your letter today and forwarded it on to the surety. We beat them to the punch I guess. No need for you to do anything further on this. Thank you, Robin Faraone HICKOK & BOARDMAN, INC. 346 SHELBURNE RD. P. O. Box 1064 BURLINGTON, VT 05401 802-658-3500 EXT:1 663 FAx: 802-658-0541 rfaraon_e(r%hbin s uratice coin Visit as on the ive b at www.hbinsurance.com ****** CONFIDENTIALITY NOTICE ****** THIS E-MAIL, INCLUDING ANY ATTACHED FILES, MAY CONTAIN CONFIDENTIAL, PROPRIETARY AND/OR 13RIVILEGED INFORMATION FOR THE SOLE USE OF THE INTENDED RECIPIENT(S). ANY REVIEW, USE, DISTRIBUTION, COPY OR DISCLOSURE BY OTHERS 1S STRICTLY PROHIBITED. 1F YOU ARE NOT THE INTENDED RECIPIENT (OR AUTHORIZED TO RECEIVE INFORMATION FOR THE RECIPIENT), PLEASE CONTACT THE SENDER AND DELETE ALL COPIES OF THIS MESSAGE. From: Ray Belair [mailto:rbelair@sburl.com] Sent: Monday, January 22, 2007 3:15 PM To: Faraone, Robin Subject: RE: License & permit Bond release -Wright & Morrissey Hi Robin, I sent you the release letter you requested the other day. Today I received a "Notice of Cancellation" from the bond company. They want written confirmation of the notice. Is this necessary or is the letter I sent good enough? Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Faraone, Robin [mailto:RFaraone@hbinsurance.com] Sent: Tuesday, January 16, 2007 12:22 PM To: rbelair@sburl.com Subject: License & permit Bond release -Wright & Morrissey Hello Ray, Wright & Morrissey, Inc. currently has a License & Permit (street opening) bond with the City of S. Burlington that 1 /22/2007 J 1 Page 2 of 2 is no longer required. In order to terminate the bond the surety requires a signed release from the City of S. Burlington. We do not have a specific form for this, so I have drafted a letter on your behalf. Unless the City of S. Burlington has a set form for bond release, would you please copy this onto your letterhead, have the proper individual sign & return it directly to me at the address below? You can certainly modify the name of person signing if necessary. Feel free to contact me if you have any questions. Thank you, Robin Faraone HICKOK & BOARDMAN, INC. 346 SHEL.BURNE RD. P. O. Box 1064 BURLINGTON, VT 05401 802-658-3500 ExT:1663 FAx: 802-658-0541 rfaraoneaa,hbinsurance.com Visit us on the web at www.hbinsurance.com ****** CONFIDENTIALITY NOTICE ****** THIS E-MAIL, INCLUDING ANY ATTACHED FILES, MAY CONTAIN CONFIDENTIAL, PROPRIETARY AND/OR PRIVILEGED INFORMATION FOR THE SOLE USE OF THE INTENDED RECIPIENT(S). ANY REVIEW, USE, DISTRIBUTION, COPY OR DISCLOSURE BY OTHERS IS STRICTLY PROHIBITED. IF YOU ARE NOT THE INTENDED RECIPIENT (OR AUTHORIZED TO RECEIVE INFORMATION FOR THE RECIPIENT), PLEASE CONTACT THE SENDER AND DELETE ALL COPIES OF THIS MESSAGE. THANK YOU 1 /22/2007 UFidelity and Deposit Company of Maryland Surety Service Center, 3910 Keswick Road, Baltimore, MD 21211 YW4 Bond No. LPM8320062 NOTICE OF CANCELLATION Date: JANUARY 16, 2007 CITY OF SOUTH BURLINGTON 575 DORSET STREET SOUTH BURLINGTON VT 05403-6260 The undersigned Surety upon a certain Bond in your favor as follows: Principal: Wright & Morrissey, Inc. Bond No: LPM8320062 License No: Amount of Coverage: S 71,830.00 Effective Date: 01/04/2003 hereby notifies you that it desires to cancel and does hereby cancel said bond as an entirety. Such cancellation to become effective at Thirty (30) days from receipt of this letter. It shall be presumed that you receive this letter within five (5) days of this notice. Please send written confirmation of this notice to the address below This notice is given to you in accordance with the cancellation provision contained in said bond. By: c~r THEODORE G. MARTI Attorney -in -Fact Zurich North America Surety formerly Fidelity and Deposit Company of Maryland 3910 Keswick Road Baltimore, Maryland 21211 Attention: Surety Service Center CC: HICKOK & BOARDMAN, INC. PO BOX 1064 BURLINGTON VT 054021064 Wright & Morrissey, Inc. 99 Swift Street Suite 100 So. Burlington VT 05403 LPM90002 Ed.(07/03) CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 18, 2007 RE: Bond # LPM 8320062 Principal: Wright & Morrissey, Inc. Notice is hereby given that the City of South Burlington releases Wright & Morrissey, Inc. (Principal) and Fidelity &Deposit Company of Maryland (Surety) in a certain Bond No. LPM8320062 with an eff date of January 4th, 2003 in the penalty amount of $71,830.00, whereas the job is complete and the ective no longer required as of January 4, 2007. bond is Regan y e air Administrative Officer D Fidelity and Deposit Companies o Surety Service Center 3910 Keswick Road Baltimore, MD 21211 Toll Free Phone No: 1-800-664-0939 CONTINUATION CERTIFICATE For Miscellaneous Terms Bonds Principal: Wright & Morrissey, Inc. Bond No. LPM8320062 and the Fidelity and Deposit Company of Maryland, as Surety in a certain Bond No. LPM8320062 effective date of the 4TH day of JANUARY 2003 in the penalty of Seventy One Thousand Eight Hundred Thirty and Zero Cents Dollars ( S 71 MOM ) In Favor of: CITY OF SOUTH BURLINGTON , with an do hereby continue said bond in force for the further term(s) of 1 years(s) beginning on the 4TH day of JANUARY , 2006 and ending on the 4TH day of JANUARY , 2007 LICENSE & PERMIT PROVIDED, however, that said bond, as continued hereby, shall be subject to all its terms and conditions, except as herein modified, and that the liability of the said Fidelity and Deposit Company of Maryland under said bond and any and all continuations thereof shall in no event exceed in the aggregate the above named penalty, and that this certificate shall not be valid unless signed by said Principal. Signed, sealed and dated this 2ND day of FEBRUARY 1nnA Witness: (SEAL-) (SEAL) Principal (SEAL) Principal FIDELITY AND DEPOSITY COMPANY OF MARYLAND Pip DV0p ,, fP'ro' � n Im • P ! i m ln. � BY: a "'^1 THEODORE G. MARTINEZ Attorney -in -fact LPM 90001 Ed.(07/03) F Bond Number: LPM8320062 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by Frank E. Martin, Jr.,Vice President and Gerald F. Haley, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which are setforth on the nextpage hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint THEODORE G. MARTINEZ , its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: Bond or undertaking number LPM8320062 , issued on behalf of Wright & Morrissey, Inc. as Principal in a penalty not to exceed the sum of Eighty Six Thousand One Hundred Ninety Six and Zero Cents ($ 86,196.00 ) and the execution of such bond or undertaking in pursuance of these presents, shall be as binding upon said company, as fully and amply, to all intents and purposes, as if it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, MD., in their own proper persons. The said Assistant Secretary does hereby certify that the extract setforth on the next page hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 2ND day of FEBRUARY A.D. 2006 . ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley State of Maryland SS: County of Baltimore By Assistant Secretary 3s� Frank E. Martin, Jr., Vice President On this 2ND day of FEBRUARY , A.D. 2006 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the sealaffixed to the preceding instrumentis the Corporate Seal of said Company, and thatthe said Corporate Seal and theirsignatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTI MONEY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. MO 016- Stephen G. Moxley, Notary Public My Commission Expires: 11/01/2007 GEN00011 Ed.(07/03) 2572 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjudgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-Presidentwho executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Powerof Attorney and Certificate may be signed byfacsimile underand by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -Presi- dent, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effectas though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2ND day of FEBRUARY 2006 '�a ocrof,. O v 1tM ? L.L. Goucher Assistant Secretary p Fidelity and Deposit Companies O Surety Service Center 3910 Keswick Road Baltimore, MD 21211 Toll Free Phone No: 1-800-664-0939 CONTINUATION CERTIFICATE For Miscellaneous Terms Bonds Principal: Wright & Morrissey, Inc. Bond No. LPM8320043 and the Fidelity and Deposit Company of Maryland, as Surety in a certain Bond No. LPM8320043 , with an effective date of the 4TH day of JANUARY , 2006 in the penalty of Five Thousand and Zero Cents Dollars (_ S 5,000.00 ) In Favor of: City of South Burlington do hereby continue said bond in force for the further term(s) of 1 years(s) beginning on the 4TH day of JANUARY , 2006 and ending on the 4TH day of JANUARY , 2007 . Recreation Bond PROVIDED, however, that said bond, as continued hereby, shall be subject to all its terms and conditions, except as herein modified, and that the liability of the said Fidelity and Deposit Company of Maryland under said bond and any and all continuations thereof shall in no event exceed in the aggregate the above named penalty, and that this certificate shall not be valid unless signed by said Principal. Signed, sealed and dated this 26TH day of JANUARY 1 MV,, W mess .- (SEAL) (SEAL) Principal Principal c ocrof,. FIDELITY AND DEPOSITY COMPANY OF MARYLAND .o g nw ? BY: a THEODORE G. MARTINEZ Attorney -in -fact (SEAL) LPM 90001 Ed.(07/03) Bond Number: LPM8320043 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by Frank E. Martin, Jr.,Vice President and Gerald F. Haley, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint THEODORE G. MARTINEZ its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: Bond or undertaking number LPM8320043 issued on behalf of Wright & Morrissey, Inc. , as Principal in a penalty not to exceed the sum of Six Thousand and Zero Cents ( $ 6,000.00 ) and the execution of such bond or undertaking in pursuance of these presents, shall be as binding upon said company, as fully and amply, to all intents and purposes, as if it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, MD., in their own proper persons. The said Assistant Secretary does hereby certify thatthe extractsetforth on the next page hereof is a true copy ofArticle VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 26TH day of JANUARY A.D. 2006 ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 7 . .wlYlti �r ll �.- Gerald F. Haley State of Maryland SS: County of Baltimore By: Assistant Secretary Frank E. Martin, Jr., Vice President On this 26TH day of JANUARY , A.D. 2006 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and thatthe said Corporate Seal and theirsignatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONEY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Mo. Witt Stephen G. Moxley, Notary Public My Commission Expires: 11/01/2007 GEN00011 Ed.(07/03) 1835 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANYOF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article Vl, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -Presi- dent, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 26TH day of JANUARY , 2006 . Fw� Of IO ro' n m IfM ? t L.L. Goucher Assistant Secretary RMER To be attached to and form a part of_License. and/or Permit Bond _._-13ond, No. LPM8320062 dated the..-- 4th r ..»T_ . day of _January _2003 . ��(�`_. issued by the Ftpstmr AND DEPosrr COMPANY OF MARYLAND, as Surety, on behalf of__ Wr�,ght-& Morrissey. Inc ;—___—_____ — P.O. Box 421, Burlington, Vermont 05402 _—_ as Principal, in the penal sum of Thirt-Two Thousand, Six Hundred Twenty -Four -Dollars 1a32,624;00 and in favor of. ... CitY—of South Burlin&ton, 575 Dorset Street, So. Burin&ton, VT 05403 In Consideration of the premium charged for the attached bond, it is hereby agreed that the attached bond be amended as follows: The bond amount will increase to: Seventy -One Thousand, Eight Hundred Thirty Dollars (71,830.00) at a premium of $309.00. provided, However, that the attached bond shall be subject to all its agreements, limitations and conditions cxcept as herein expressly modified, and further that the liability of the Surety utxler the attached bond and the attached bond as amended by this rider shall not be cumulative. This rider shall become effective as of the—_. 4th_— Signed, scaled and dated this_.. 31 s t day of December_ ATI'ESC: c � Wri ht & •Mo Inc—_ .— P.O� Box 421Burlingtont—VT__05402 FIDELITY AND DEPOSIT COMPANY OV MARYLAND ACCUFMD' ay �Scott F. Boardman Attorney -in -Fact 1 n7�- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s � nate, constitute and appoint Scott F. BOARDMAN, Paul E. PLUNKETT, D. Michael BO n MAN, III, Richard S. SMITH and Brenda SCHILL, all of Burlington, Vermo i nd ttorney-in-Fact, to make, execute, seal and deliver, for, and on its beha its Nand all bonds and undertakings and the executioan=yi ngsTOZ�t,tre presents, shall be as binding upon said Company, as fully and ampl tu t � duly executed and acknowledged by the regularly elected of i ore, Md., in their own proper persons. This power of attorney revokes that issued yUU��,, of N, Paul E. PLUNKETT, D. Michael BOARDMAN, 1. Munn BOARDMAN, III, RANQ M renda SCHILL, dated November 27, 2001. The said Assistant r y does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of March, A.D. 2003. ATTEST: Ftp 9EPOS, O O P 1E90 ? � hwpt�t State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary 7 By: Paul C. Rogers Vice President On this 17th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 4YNM �a 1 Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 063-8076A 1 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSTT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this _31st day of December 2003 ob(44c'l� Assistant Secretary UFidelity and Deposit Company of Maryland ge4 Home Office: P.O. Box 1227, Baltimore, MD 21203-1227 License and/or Permit Bond KNOW ALL MEN BY THESE PRESENTS: Thatwe, - Wright & Morrissey, Inc. P.O. Box 421, Burlington, Vermont 05402 Bond No. 08320062 as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, incorporated under the laws of the State of Maryland, with principal office in Baltimore, Maryland, as Surety, are held and firmly bound unto The City of South Burlington South Burlington, Vermont 05403 as Obligee, inpemisumof -Thirty—Two Thousand, Six Hundred Twenty —Four and 00/100------- Dollars, I awful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. for WHEREAS, the above bounden Principal has obtained or is about to obtain from the said Obligee a license or permit Street Opening Bond and the term of said license or permit is as indicated opposite the block checked below: ® Beginning the 4th day of January , 2003 and ending the 4th day of _ January 2004 ❑ Continuous, beginning the day of WHEREAS, the Principal is required bylaw to file with The City of South Burlington a bond for the above indicated term and conditioned as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal as such licensee or permittee shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or non-compliance shall occur during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and PROVIDED FURTHER, that regardless of the number of years this bond shall continue or be continued in force and of the number of premiums that slrall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond, and PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond maybe cancelled by the Surety as to subsequent liability by .giving thirty (30) days notice in writing to said Obligee. Signed, sealed and dated the 28th day of May 2003 Wright & Mo e nc. r Principal By FIDELITY AND DEPOSIT CO ANY OF MARYLAND B LPM90000ZZ0801f _Scott F. Boardman.. Attorney -in -Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s 4 'nate, constitute and appoint Scott F. BOARDMAN, Paul E. PLUNKETT, D. Michael BO n MAN, III, Richard S. SMITH and Brenda SCHILL, all of Burlington, Vermo i nd ttorney-in-Fact, to make, execute, seal and deliver, for, and on its beha its and all bonds and undertakings and the execution of such of P ngs e presents, shall be as binding upon said Company, as fully and ampl t i u t �een duly executed and acknowledged by the regularly elected of n i i ore, Md., in their own proper persons. This power of attorney revokes that issued of N, Paul E. PLUNKETT, D. Michael BOARDMAN, I. Munn BOARDMAN, III, �M renda SCHILL, dated November 27, 2001. The said Assistant r y does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Co npany, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of March, A.D. 2003. ATTEST: �p OEPOSf O P 4'�4l�tr State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND k / A By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President On this 17th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 063-8076A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 28th day of May 2003 Assistant Secretary Memo To: Ray Belair, Zoning Administrator City of South Burlington, Vermont Fronx Eric Farrell Date: 7/26/2003 Re: Street Opening Bond Per our telephone conversation in early May, enclosed please find a revised Street opening Bond in the amount of $32,624 (includes the additional $2,000 you requested for line striping) extending coverage to 1/4/04. Please call me if you have any questions. Thanks. Enclosure U Fidelity and Deposit Company of Maryland Surety Service Center ya O 11411 Red Run Blvd., Suite 300 Owings Mills, MD 21117-3248 Toll Free No. 1-800-664-0939 NOTICE OF CANCELLATION April 11, 2003 City of South Burlington Bond No. LPM 8320042 The undersigned Surety upon a certain Street Opening Bond in your favor as follows: Principal: Wright & Morrissey, Inc. Bond No.: LPM 8320042 Amount of Coverage: $718,342 Effective Date: 01/04/2002 hereby notifies you that it desires to cancel and does hereby cancel said bond as an entirety. Such cancellation will become effective ninety(90) days from the date of this notice It shall be presumed that you received this letter within five (5) days of this notice. This notice is given to you in accordance with the cancellation provision in said bond contained. By: Veronica Price, Attomey-in-Fact Fidelity & Deposit Company of Maryland Surety Service Center RK ❑ Original to Obligee ❑ Principal's Copy ❑ Agent's Copy ❑ File Copy J310 Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227, Baltimore, MD 21203-1227 License and/or Permit Bond KNOW ALL MEN BY THESE PRESENTS: Bond No. 08320042 Thatwe _. Wright & Morrissey, Inc. P.O.Box 421, Burlington, Vermont 05402 as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, incorporated under the laws of the State of Maryland, with principal office in Baltimore, Maryland, as Surety, are held and firmly bound unto The City of South Burlington South Burlington, Vermont 05403 as Obligee, inpenalsumof Seven Hundred Eighteen Thousand, Three Hundred Forty -Two -------- Dollars, lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the above bounden Principal has obtained or is about to obtain from the said Obligee a license or permit for Street Opening Bond opposite the block checked below: E2 Beginning the 4th day of Januar ending the 4th day of January ; and the teen of said license or permit is as indicated ❑ Continuous, beginning the day of 12002 and 2003 WHEREAS, the Principal is required bylaw to file with The City of South Burlington a bond for the above indicated term and conditioned as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal as such licensee or permittee shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or non-compliance shall occur during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and PROVIDED FURTHER, that regardless of the number of years this bond shall continue or be continued in force and of the number ofpremiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond, and PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond maybe cancelled by the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee. Signed, sealed and dated the 4th day of January 2002 =..SteZPhen T. Th riault V.P. Principal By FIDELITY AND DEPOSIT COMPANY OF MARYLAND By LPM9000ozz0801f Scott F. Boardman Attorney -in -Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Scott F. BOARDMAN, Paul E. PLUNKETT, D. NKichael BOARPMAN, I. Munn BOARDMAN, III, Richard S. SMITH and Brenda SCHILL, all of Burlington, Ver EACH o e and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as s d as its d deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pu of thes nts, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if th been d cuted and acknowledged by the regularly elected officers of the Company at its office in Baltimore in their roper persons. This power of attorney revokes that issued on behalf of Scott F. BOARDMAN, P UNKE Michael BOARDMAN, I. Munn BOARDMAN, III, Richard S. SMITH, and Brenda SHILL, dated r " 20Q The said Assistant Secretary does hereby ce at the ex sleet forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company now in f k' - IN WITNESS WHEREOF, the sai -Preside Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the 4414 1DELIk<"D DEPOSIT COMPANY OF MARYLAND, this 27th day of November A.D. 2001. 0 ATTEST: O� FIDELITY AND DEPOSIT COMPANY OF MARYLAND DEPO,/ +� 4f C. e , By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland County of Harford ss: On this 27th day of November, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. a. rRp,�� F n NOTARY PUBLIC 9FoHU C4�� Patricia A. Trombetti Notary Public My Commission Expires: October 9, 2002 POA-F 063-8076A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 4th day of January 1 2002 ob(dmi�t� Assistant Secretary EASTWOOD COMMONS OWNERS ASSOCAITON, INC. 370 Farrell St., South Burlington, VT 05403 EXECUTIVE BOARD Steve Smith #320— President Ed Ruel #220— Vice President Gordon Weir #407 - Secretary Zoning Administration Office Attn: Ray 575 Dorset St. S. Burlington, VT 05403 Ray: I am writing in regards to Eastwood Commons Condominium Association located at 370 Farrell Street in South Burlington. I spoke with you on the phone a few weeks ago about the possibility of adding a light to the trash shed on Eastwood Commons' property. You made me aware that there are some regulations that need to be followed and directed me to send you details on the light. Enclosed is a spec sheet of the light we are considering. Please contact me regarding this. We'd like to know if this is sufficient information for approval or if more is needed. I have also left a voice message with Peter from the Act 250 department to see if we need approval from him as well. Thank you for your assistance. Sincerely, U67 Raeann Lewandowski Park Place Management Co., Inc. Encl. Park Place Management 41 Commerce Aventm o. Burlington, _s Voice (82) 860-5C s ,, u Shown with Internal Louver Accessory PN Series 2" Adjustable Fitter the optics for the Narrow Parabolic feature a smooth, bright reflector, providing a narrow distribution (approximately 20 degrees on width and length). The optical chamber is sealed to reduce dirt and insect contamination. Ideal for illuminating tall, narrow subjects such as flagpoles, steeples, columns and signs. Three Sizes: 12" square x 5" deep (305 x 127 mm) 16' square x 6.5" deep (406 x 165 mm) 22" square x 9.25" deep (559 x 235 mm) VERTICAL ANGLE (IN DEGREES) Candlepower Trace through origin 40OW MH Narrow Parabolic Floodlight NEMA type 2H x 3V. 60' 47 20' 0' 20' 40' 60' 120' s 100' a 80' 3 4a O 201 a fi0000 s0000 ,6aaa 4000D Q 3500a u 30M 2- 2000a , 600a ,aa6a soda ■MMMNJ M�•■■ ■M1�"PIMMM■ ■M 1MFUU1MMM■ , ommma■/■N ME ■ ■\� M ■III/ii�\\M■ ■�%G1��.0 ANGLE (IN DEGREES) - .. Candlepower Trace through origin 1000W MH Narrow Parabolic Floodlight NEMA type 2H x G. 36.6 80. 30.5 60 40• 2a,n zo• 18.3 0• 1. 12.2 4v 6.1 Am M 183 122 81 0m 81 122 1a3 Isofootcandle plot of 40OW MH Narrow Parabolic Floodlight at 30' (9-1 m) mounting height and 60" tilt above horizontal. 24.A t 8.3 12.2 6.1 Om 6.1 122 18.3 100.I I aDs 305 24.4 183 122 6.1 Om 61 122 183 24 305 Isofootcandle plot of t000W MH Narrow Parabolic Floodlight at 40' (12.2 m) mounting height and 0" tilt above horizontal. Housing Wattage/ Catalog ; Mounting Code ezo Size (sq.) Lamp Number P (Insert Code at : in Catalog #) ldda 12" 150W PSMH MPN-615-M ; ; _ 2" Adjustable Fitter 16" 32OW PSMH PN_ 632-M Yoke Mount w 12" 50W MH MPN_405-D $, a =112" Adjustable Fitter - 12" 70W MH MPN4407-D (12' housing only) 12' 10OW MH MPW 410-D ; = Without Mounting (hardware) 12" 175W MH MPN"417-M y (factory -drilled) 16" 175W MH PN-417-M $: 16" 25OW MH PN 425-M 16' r 40OW MH PN'-440-M 22" 1000W MH PN_499-M $ : 12" 35W HPS MPN-503 1 $ 12" 50W HPS MPN 505-D $ 12" 70W HPS MPN-507-M 12" 10OW HPS MPN_510-M a 12' 150W HPS MPN'-515-M-M 16" 250W HPS PN•525-M ¢ 16" 40OW HPS PN-540-M Specify Mounting (additional cost) Other lamp wattages available- consult factory Reduced envelope lamp. ED28 for 320W PSMH and 40OW MH; BT31 for 1000W MR Options: (Factory -installed) Change Add After �uu, Description Suffix To Suffix 14dde_ 277V Reactor Ballast (PSMH only) 27 120V Reactor ballasl (50-15oW HPS 12' housing only) 1 dedcsct?? 480V ballast (320W PSMH, 5 175-1000W MH & 70-40OW HPS only) 480V ballast (70-100W MH only) 5 y 347V ballast (SOW HPS only) 6 ,a , Ouad-volt ballast (50-100W MH only) M jrJ Quad -volt ballast f50W HPS only) M Tri-volt ballast (320W PSMH, 70-1000W HPS only) T ,za odder Tri-volt ballast (50 100W MH only) Tay Single Fuse (277V Reactor,120V, 277V or 347V) 27, 1, 2 or 6 F y�lc Dual Fuse (208V 240Vor 480V) (Na Canada) 3, 4 or 5 F $79 Ouartz Standby (delay -relay type) (includes 10OW 0 lamp) (n/a 277V Reactor) 0 j ¢Q Uptight Lens Frame Uo Button Photocell (Factory -installed with all mountings other than 2' Adjustable Filter) NOTE n/a on 1000W w/120V; all 480V 27,1, 2, 3, 4 or 6 P 3"%0 External Photocell (Factory -installed) (Page 131) For fixtures w/1000W,120V 1 P �20 For fixtures w/480V 5 P a20 Linear spread lens- horizontal (12' housing only) X ' 'zg Linear spread lens- vertical (12' housing only) Y i2i 2 Accessories: Ae (Field installed) 12" r 16" ? 22" '�atce Deep Baffle DB-12 DB-16 g;? DB-22 _1�70 Wire Guard FWG-12 FWG-1672 FWG-22 Polycarbonate Vandal Shield (rda it ti) used in an uptight position) LS-12 L.S-16 'A?? LS-22 r'n0 Internal Louver Ut.-12 DL-16 u"4g not available — Bution Photocell (Field -installed in fixtures with 2' Adjustable Filter) Catalog # For fixtures w/120V (n/a on 1000W) PC-1 For fixtures w/208, 240 or 277V PC-29 For fixturesw/347V PC"6 $;'9i Mountings..................................................... Page114 Catalog Number LogicNoltage Suffix Key ...................... I .... Page 113 Optical Systems ..... .................. ................ I... Pages102-105 Accessories ...................................................Page 131 Mounting Alternatives ......................................Pages 158-159 Mounting Brackets ............ ............................. Pages 160-161 Poles....................................................Pages 162-167 it e e C C (860) 236 ! 80Ei, La 6 p.m_ CY h 1, c I F&M DEVELOPMENT COMPANY, LLC P.O. Box 1335, Burlington, VT 05402 802-861-3000 fax 802-861-3003 Memo To: Ray Belair, Zo g Administrator From: Danielle R. Fisette b� Date: 12/5/2006 Re: Final Plat Application #SD-06-35 Attached please find the final mylars (Sheet 1 and C2-A) referenced in Paragraph 6 of the Decision dated August 2, 2006 regarding the above referenced final plat. Also attached please find a check for $22.00 in full payment of the necessary recording fees. Once you have signed the attached mylars, please have them recorded in the Land Records. This should satisfy the last requirement for final plat approval. Thank you for your assistance and attention to this matter. CI V 11 It' IN G 111 triRIII G AJN'50 0 C!r»rJ. I Nr, 928 Falls Road P.O. Box 485 Shelburne, 'VT 05482 November 17, 1006 Mr. Ernest P. Christianson, P.E. Regional Engineer Department of Environmental Conservation 111 West Street Essex Jct., VT 05452 Re: Eastwood I1/Senior Housing Farrell Street, So. Burlington (Lot #9 - WW-4-2499-1) (Lot #11 - WW-4-2500) Dear Ernie: Phone: 802-985-2323 Fax: 802-985-2271 E-Mail: mail@cea-vt.com The sewer and water infrastructure for the Eastwood 11 project and the Senior Housing project have been completed. Based upon our intermittent inspections, I hereby certify that, in the exercise of my reasonable professional judgment, the installation -related information submitted is true and correct and the potable water supply and wastewater system were installed in accordance with the permitted design and all permit conditions, were inspected, were properly tested, and have successfully met those performance tests. If you should have any questions or need additional information, please let me know. Sincerel Stephen A. Vock, P.E. SAV:pao cc: Ray Belair Eric Farrell Mark Gilbert CIVIL MGMEERING ASSOCIATES. IHC,4 928 Falls Road Phone: 802-985-2323 P.O. Box 485 Fax: 802-985-2271 Shelburne, VT 05482 E-Mall; PRESSURE AND LEAKAGE TEST Date: April 7, 2006 Project: Eastwood Commons 2 Contractor: S.D. Ireland Project Location: South Burlington Persons Present: Paul Boisvert (CEA),Norm Yandow Ireland Test Data Section Tested: Approximately 244' of 8" D.I. water mainn installed south of the EW2 building Testing Equipment: Pump, hoses, gage, water reservoir Test Pressure: 211 PSIG Allowable Leakage/Hour, Smaller of: L = S*D*(P^0.5)/133,200 OR L = N*D*(P^0.5)/7,400 Where: L = allowable leakage in gallons/hr S = pipe length in feet N = number of pipe joints D = nominal pipe diameter in inches P = average test pressure in PSI Calculated Allowable Leakage (gallons/hour): 0.213 gallons / hour (27 oz. / hour) TIME INTIAL PRESSURE NEW PRESSURE WATER VOLUME ADDED OZ 8:00 AM 2105. 9:20 AM 210.5 - -- none 10:00 AM 210.5 none Leakage Rate over test period (gallons/hour): not measurable Line Status: Pass Signature: VERMOK DEPARTMENT OF HEALTH LABORATOR , 195 COLCHESTER AVENUE BURLINGTON, VERMONT 05402-1125 (802) 863-7335 (800) 660-9997 (VT ONLY) WATER BACTERIOLOGY RESULTS LITS Number 2006016070-001-A State Health Dept No. 06WBO8738 Kit Type Kit A Coliform (Homeowners) WSID# Report To CIVIL ENGINEERING ASSOCS. INC. 928 FALLS ROAD PO BOX 485 SHELBURNE VT 05482 Date/Time Received 04/14/2006 08:43:00 Date/Time of Collection 04/14/2006 08:00:00 ruonc vvater system un Sampler Title Purpose of Sample Type of Sample Chlorine, free Chlorine, total Field Temp (C) Action Limit Town South Burlington Collected By P BOISVERT Sample Location EW2 MECH RM Field Sample Number Date Reported 04/17/2006 est _JjCode Result Description _ _�QQ Method MMO-MUG 00 Total coliform not detected, E. coli not detected Comments: Registry Comments: The water sample tested is bacteriologically suitable for drinking (potable). IMPORTANT: Bacteriological testing of a single sample of water is only one means of determining the suitability of water for drinking. It is also critical that the water source location, system construction and ongoing maintenance/treatment are adequate to consistently protect against bacterial contamination. Results relate only to the items tested. This sample was not analyzed for possible chemical contamination, This is a public record. Information contained in this report may be used for statistical purposes and may be released upon request, persuant to Vermont Access to Public Documents law (W.&A.315-320) This report shall not be reproduced, except in full, without the written approval of the laboratory. If you have questions about this report, please call the laboratory at (802)863-7335 Date Printed: 04/17/2006 10:38:32 A PP 1 R 2006 C 9Inc. VERMOi DEPARTMENT OF HEALTH LABORATOR 195 COLCHESTER AVENUE BURLINGTON, VERMONT 05402-1125 (802) 863-7335 (800) 660-9997 (VT ONLY) WATER BACTERIOLOGY RESULTS LITS Number 2006016072-001-A State Health Dept No. 06WBO8749 Kit Type Kit A Conform (Homeowners) WSID# Report To CIVIL ENGINEERING ASSOC INC 928 RALLS ROAD PO BOX 485 SHELBURNE VT 05482 Date/Time Received 04/17/2006 08:22:00 Date/Time of Collection 04/17/2006 07:40:00 r-umic vvater system Sampler Title Purpose of Sample Type of Sample Chlorine, free Chlorine, total Field Temp (C) Action Limit Town South Burlington Collected By PAUL BOISVERT Sample Location EW2 BLDG SERVICE Field Sample Number Date Reported 04/18/2006 est -_a ____� odeResult Description,-----.---.--- escription_____ Method 71 MMO-MUG 00 Total coliform not detected, E. coli not detected Comments: Registry Comments: The water sample tested is bacteriologically suitable for drinking (potable). IMPORTANT: Bacteriological testing of a single sample of water is only one means of determining the suitability of water for drinking. It is also critical that the water source location, system construction and ongoing maintenance/treatment are adequate to consistently protect against bacterial contamination. j 9 2006 GE A, Inc. Results relate only to the items tested. This sample was not analyzed for possible chemical contamination. This is a public record. Information contained in this report may be used for statistical purposes and may be released upon request, persuant to Vermont Access to Public Documents law (1 V,S.A.315-320) This report shall not be reproduced, except in full, without the written approval of the laboratory, If you have questions about this report, please call the laboratory at (802)863-7335 Date Printed: 04/18/2006 11:14:34 928 Falls Road Phone: 802-985-2323 P.O. Box 485 Fax: 802-985-2271 Shelburne, VT 05482 E-Mail: cea-vt.com SEWER LINE TEST REPORT Project Name: Eastwood 2 Date: 8/25/05 Location: North of the existing WVNY building, South Burlington Persons Present at Test: Paul Vest (Wright & Morrissey), Bill Everest (S.D. Ireland) Contractor: S.D. Ireland Engineer's Acceptance:___ s^! Street: North of WVNY building Pipe Size: 12 inch From Manhole #: 9 To Manhole #: stub by ex. MH Pipe Type: SDR 35 From Station: To Station: Length: + 90' Start Stop Change Time: 0:00 2:25 145 sec Pressure: 4.0 3.9 -0.1 psig Result: Pass Street: street or location Pipe Size: **inch From Manhole #: * To Manhole #: * Pipe Type: SDR 35 From Station: To Station: Length: +**' Start Stop Change Time: 0:00 2:00 2.0 Min. Pressure: ** ** ** psig Result: Pass or Fail Q:\Pauls Files\letters\03231-02-Eastwood2\Construction-05\Sewer-line-test.doc S.'&. Ireland Brochers Corp. PO Box 2286, So. Burling2oel, V1 05407 100 Gf:�Vd SrMec 3U11ingtau, VT 05401 tM1iirW�u,m Ph. 802-9636ZZ' F&x 902-860-:1529 y � SEWEP, P(P9 AIR Tl -T R .pORT .ject Name .�G�,��uyscrdc� t� r31�V1i76nh ^� Date b i ` --- L��1 —�c' ProjccC if _ 'Gown Contractor_ i� _� _ _ Forerna Other Person Present insprclor pr rt-c SPIrCIFlCATMNS MQUTREMFNTS . Stabilization Pressure "Time Jpe Diameter & Z)Me (Seo Table III Below) Test -Procedure: rt-: Line Location 1A From R1W$t46on_ To MI*Swtion .n NIH/s ation To m, wstation Langtl �� ri hiamter v/ :Pipe Irtaoectur /� ��/4✓� I (�,� Min, Test Time Per 100, (Sec Detail Shen) �lkow Pressttrc �r�nn Time Pr Test Stare 1Q Tit End ratior�� s: Lo:s C fail �- Tirw Pr, Tcsi Start, Test End �" x Duration Press Loss Fxil -------- ...�-.- ------"--ram Line Laeui inn ---- , From (\IFI/Station Time TaMFUS144un T :_cn�tlt T'nt End r _� Ourstion Uiamel;r Type Press Loss - Irupeewr_ Fail ®—• -------------------- ---._ .... .-- ------- ----.. Table I1I `ILrrL� ur■j T'rat Ttmatfuus plpc Slzms No{rrul Pipe Siza T (time) Nominal File Site T (timrj inehol min/tooR inches Jrir✓I(1Q11_� hlsp;rtor -'original to file anil 6rculvte'a copy to the Fultowing: 3 0,2 2 1 I. Prujcct Ens -.sneer J U.] ,2-1S.6 3.0 �. -..— 7. 1'rnjee Principal i, 0.7 27 n a.,_ l: I:arsWltlJn Erly'IIICCf 4 Li ' 30 4.II 10 1,5 33 5.; I'. 12 36 4.0 11 2.1 39 6.6 90/Z13 3D17d AMSIddOW 1HJIdM ESZTS98EOB 0T:9T 900Z/80/TT �;_�b. Yrel�.n� �troeb�Ka �C•�rra, PO Box 2296, So. f3urlingtou, VT 05407 ,. IUU Grove Srste� l�w'lingtiau, VT 05401 Pi1. 502-$63-62?2 Fax ta02-860-I528 mar ManhQtie Vacuum Test Reap Project Name: t r1S�� c:>- �% t �-. project #: Project Location: Cate of Test: —/ — 9— <D Town Representative: Specific Locati Gv0 rt,e;t !>nf /y "•.t"i� � 1. KI-Irk>. �. �. t•, - ,.1, ,'^.� ,.•:><; , �> iYn. '1: :! �:."..> a .d}�) :t>i :'i4•J r,' t'bs •••: ^'� :�::t' p� .>R: 'k>i � 1�..:: c,iss v.. .`•H:: w:UA- ir:.+w wet;: ' }S:ns:: :t .i YtT.t::.::: s : f:a:'ir •.>iY-}f;+: asi3,.: xs:>. i::;:,. i,�i b:.�: : f>sx `S.:>. ....... rr r.:......r....... ,.... •::: ... r...... t. .s•..... ptaf . ..�.,; ....... ksr .,3........:: i s A..r: .. r�q � >.. .t. iT'�i5r" . :... . 0. , : ::?�:?tii��n ''?:+•: :}k:: '��?�� .hr': x:t�e� e,'e� :}: air>`.:• e:#.... R.::x� .x i• 7;... :.f£ iV Test Procedure: Vacuum shall beat 10" of Hg at the beginning of the two (2) minute test period. The test is considered passed if the vacuum stays at 9" of Hg or above for the duration of the test. inspector, Tester: Initial 9©/ve 39dd Inspector - original to file and circulate a copy to the following: 1, Project Engineer ? Protect Principal It3SSIadOW iHOILIM ESZZS9ezae OL:9I 990Z/80/II S.D. TrAa► d llrothenr Corp. PO Box 2286, Sep. Bur ingtor4 V'I' 05a•U7 s 100 Grove Street, BuuWigroa, VT 054U1 '�,,,�—=��• � Ph. 802-aia3-622�_> FM 902-860•-1528 wer Manhole Vacuum Test Report Project Name: ct 1J .. ✓7rrrC Project location: Date of Test: Specific Location: Project Contractor:_ Town Representative: Representative: �-?41-4- .:.... >.'... ... .....:: �:: :+... :. •::::1�%f',r�wliQ $.��:�,:;. .....•..... �::... •.. ..... :::;. ..,,..: ,r. �.. 5.:.��ji ':?I.'?i af.?�S�j. .. .i "i' �i',. ,, ..y... �.�..... is: Ai <. w,;. ... .. t. ,si:;: tat Ea.....:.........+iart...� ''•i,>; r r••.N�wi� R ..x�;;.�`]"�17�f�..i` - >sy.. ..., ,...: a:. .( ,Y). U'.•o �,wi :>i'. ../ .. 'i.w.. .::H.f..:=h! :tw.ri •?1riMi. x ii.. :f[b,' A .g, (rY.. �" ,<jyi3'�;';Sxh�'�• �: r'.'' :>»,p iS. F;i+ki ;;�. �(r y::>::'k'�a x• ;>X• a :fi '�f. �h[ ct� ':A .3t=C,(. ^� �a'.abe:' :): �'��':<:Xs:' �: ):il:, .�:i rug ::s:::_;:_a:r .C.�(aiv ,f .�e>. <,�•': •{, .s � >;J:, : �aR? �'t': l.::F ' ! -1-., �j�(�� • w :a'S: �' Tbw. •iif: n ;•w ;-:Y,:-' �):. K: • r':;>5!:'• >� �::;�rf::t., ::s��:;::> ..L, �n:•:,.: :Z:l.: i:� ':f S.S'i.vaw :>: :�::: y(•. ':"1:`:' .: ZP Test Procedure: Vacuum shall beat 1 Q" of Hg at the beginning of the two (2) minute test period. The test is cons Bred passed if the vacuum stays at 9" of Hg or above for the duration of th st. Inspector: _._—. Tester: ) r✓�v Initial Inspector - original to file and circulate a copy -to the following. 1, project Engineer 2• Project Principal 90 /S 0 Mvd A3SSI�! DW 1HnI8M ESZTS98Z08 0T=9T 900Z/80/TT S & Ireland Bra thers C rp. PO Box 2296, So. Burhmgeu_t� Vr 05407 100 C-imve Sbrc`x'e, BLuji nM VI' 0540t : naafis a� ph 8�2-863-6222 Fax 802-860-1528 Sewer Manhafe I ZZUM TeSt Repo Project Name;„ _� ___�m�rr�co� c Project #: Project Location. - Date of Test: Specific Location: Contractor: LIL_ Town Representative: ::i t pc� : %: ^`.,x : M: Yr .o.: l0. �` .:i.,.5':1:1 i z, ,9 )v;• � ^,ii::?%,*.. .. S.:::b` ::/. r)fr. iY.: x:iW, •::,n,:;:. :: c...s:' �� Test Procedure. Vacuum shall be at 1 W of Hg%at the beginning of the two (2) minute test period. The test is considers ass d if the v stays at 9" of Hg or above for the duration oft test. YaA-1� inspector: Tester: �- d"11 tl Inspector - original to file and circulate a copy to the following: 1. Project Engineer 2. Project Principal 'A r.nnOruntion Fnninear PO?MSWArl UM6-pJc 90/9@ 3DVd I.9SSIaaOW 1HSIaM ESZTS98Z08 0T=9T 900Z/80/TT Date: 4/12/06 Contractor: J. Hutchins 928 Falls Road P.O. Box 485 Shelburne, VT 05482 PRESSURE AND LEAKAGE TEST Project: Farrell Senior Housing Project Location: South Burlington Persons Present: Mark Dwier aktqhjRsJ.PauI Boisvert CEA Test Data Phone: 802-985-2323 Fax: 802-985-2271 E-Mail: Section Tested: Approximately 386 feet of 8" D.I. water main, running north and east of the Farrell Senior Housing building Testing Equipment: Pump, hoses, gage, water reservoir Test Pressure: 210 psig (1.5 times static pressure of 140 psig) Allowable Leakage/Hour, Smaller of. I, = S*D*(P^0.5)/133,200 OR L = N*D*(P^0.5)n,400 Where: L = allowable leakage in gallons/hr S = pipe length in feet N = number of pipe joints D = nominal pipe diameter in inches P = average test pressure in PSI Calculated Allowable Leakage (gallons/hour): 0.34 (43 oz. / hour) TIME INTIAL PRESSURE NEW PRESSURE WATER VOLUME - ADDED OZ 1:00 PM 210 3:00 PM 209 _----- ------------- none w_— Leakage Rate over test period (gallons/hour): estimated less than 3 oz. per hour (could be stabilization effects) Line Status: pass Signature: �- VERMON'r TPARTMENT OF HEALTH LABORATOF 195 COLCHESTER AVENUE BURLINGTON, VERMONT 05402-1125 (802) 863-7335 (800) 660-9997 (VT ONLY) WATER BACTERIOLOGY RESULTS LITS Number 2006016071-001-A Kit Type Kit A Coliform (Homeowners) Report To CIVIL ENGINEERING ASSOCS. INC. 928 FALLS ROAD PO BOX 485 SHELBURNE VT 05482 Date/Time Received 04/14/2006 08:43:00 Date/Time of Collection 04/14/2006 07:45:00 State Health Dept No. 06WBO8739 WSID# • W w11%, rraLGr system v Sampler Title Purpose of Sample Type of Sample Chlorine, free Chlorine, total Field Temp (C) Action Limit Town South Burlington Collected By P BOISVERT Sample Location HYD/NORTH END OF WATER LINE Field Sample Number Date Reported 04/17/2006 fl est Code ---- — -- _ ]Result Description _ ----- --- --- - Method_— MMO-MUG 00 Total coliform not detected, E. coli not detected Comments: Registry Comments: The water sample tested is bacteriologically suitable for drinking (potable). IMPORTANT: Bacteriological testing of a single sample of water is only one means of determining the suitability of water for drinking. It is also critical that the water source location, system construction and ongoing maintenance/treatment are adequate to consistently protect against bacterial contamination. Results relate only to the items tested. This sample was not analyzed for possible chemical contamination This is a public record. Information contained in this report may be used for statistical purposes and may be released upon request, persuant to Vermont Access to Public Documents law (1V.S.A.315-320) This report shall not be reproduced, except in full, without the written approval of the laboratory. If you have questions about this report, please call the laboratory at (802)863-7335 Date Printed: 04/17/2006 10:38:25 Inc. VERMON— F-PARTMENT OF HEALTH LABORATOf 195 COLCHESTER AVENUE BURLINGTON, VERMONT 05402-1125 (802) 863-7335 (800) 660-9997 (VT ONLY) WATER BACTERIOLOGY RESULTS LITS Number 2006016073-001-A State Health Dept No. 06WBO8750 Flit Type Kit A Coliform (Homeowners) WSID# ' Report To CIVIL ENGINEERING ASSOCS INC 928 RALLS ROAD PO BOX 485 SHELBURNE VT 05482 Date/Time Received 04/17/2006 08:22:00 Date/Time of Collection 04/17/2006 07:35:00 r-u—to vvaier system V Sampler Title Purpose of Sample Type of Sample Chlorine, free Chlorine, total Field Temp (C) Action Limit Town South Burlington Collected By PAUL BOISVERT Sample Location HYD/NO END OF SITE Field Sample Number Date Reported 04/18/2006 est Code Result Descri tion _ �BQ[ Method MMO-MUG 00 Total coliform not detected, E. coli not detected Comments: Registry Comments: The water sample tested is bacteriologically suitable for drinking (potable). IMPORTANT: Bacteriological testing of a single sample of water is only one means of determining the suitability of water for drinking. It is also critical that the water source location, system construction and ongoing maintenance/treatment are adequate to consistently protect against bacterial contamination. 'o "aQ J 9 2006 M 4. limo Results relate only to the items tested. This sample was not analyzed for possible chemical contamination. This is a public record. Information contained in this report may be used for statistical purposes and may be released upon request, persuant to Vermont Access to Public Documents law (1V.S.A.315-320) This report shall not be reproduced, except in full, without the written approval of the laboratory, If you have questions about this report, please call the laboratory at (802)863-7335 Date Printed: 04/18/2006 11:14:24 / Pipeline °p=ww/m/sfEip, } ' EverettJ. Prescott, Inc. SERVICE DEPARTMENT MANHOLE AND SEWER LINE ACCEPTANCE REPORT Address: MANHOLE VACUUM TEST Begin Vacuum 1,4' /7 Ending Vacuum Test time ' __�-__'min. Passed Failed [l Size_~\ Begin Wsouumn_____-_ Ending Vacuum Test time min. Passed 0 Failed 11 Begin Vacuum _____ Ending Vacuum ______ Test time ___-_min. Passed 0 Failed 0 Begin Vacuum____. Ending Vacuum ______' Test time _— min. Passed [] Failed F-1 Begin Vacuum _ Ending Vacuum______ Test time --- min. Passed [] Failed [] EJPDpendo, Size Size Project Name: � Page ' �.- --�-__of__�____ Date - Station Pipe Size Length No. _ /aa/ ^ Kz for min. Held--Kz for > min. Dropped lb. in. min. Passed Failed D ~Y Pipe Size -- Length __---__-_- Test |b. for____ min. He|d /b for min. Dropped_ lb. in. -_-_-____-_min. Passed El Failed 0 Pipe Size — Length Test—..--_ /b. for min. Held |b. for min. Dropped ___-__-___.lb. in. min. _ Passed [] Failed [] Pipe Size _______- Length ' Test |b. for min. Held |b. for min. mropped |b in. min. Passed [11 Failed D Inspector OFFICE—WhiteCopy CuST]wsR—Yellow Copy EwG|wEEm—PimCopy Pipeline Specialists I Page �.._-_ of ._ Date.__,(.) Everett J. Prescott, Inc. SERVICE DEPARTMENT MANHOLE AND SEWER LINE ACCEPTANCE REPORT h Client: cLl Project Na r.1, /�' ; , /'� ,.,So,• Address: am---- -�- - �, ! Location." S MANHOLE VACUUM TEST Begin Vacuum LINE ACCEPTANCE TEST Ending Vacuum _ Test time . min. Passed ❑ Failed ❑ Size Begin Vacuum Ending Vacuum Test time min. Passed ❑ Failed ❑ Size Begin Vacuum Ending Vacuum Test time min. Passed ❑ Failed ❑ Begin Vacuum Ending Vacuum Test time min. Passed ❑ Failed ❑ Begin Vacuum Ending Vacuum Test time min, Passed ❑ Failed ❑ EJP Operator__ 1 10 --�s r .; OFFICE - White Copy Size Size Size Station J - Pipe Size Length ✓ - No. Test --.— ' lb. for ' _. --- — min. Held_— `I —_ lb, for-..,._ - min. Dropped_._._0 lb. in. �/— Station _— _ - —mina 1 - Passed Failed ❑ No. Pipe Size _ — Length Test __ `/ _ lb. for _ min - Held_ _ lb. for _ .min. Station Dropped C� Ib. in. _!�_ min. ` I Passed Failed ❑ No. Pipe Size Length _ Test _____ Ib. for min. Held __ Ib. for _� mina Station Dropped —__^ lb. in. _ min. --- Passed ❑ Failed ❑ No. - Pipe Size __�___� Length Test _ __- Ib. for min. Held____ lb. for min. Station Dropped _ lb. in. .-. min. No ^- Passed [IFailed El Inspector CUSTOMER — Yellow Copy ENGINEER — Pink Copy i Landscape Review O'Dell Pkwy East Commons II 8/5/05 TJ Boyle Landscape Architects l . `Patmore' Ash and any other Green Ash cultivars are unacceptable species due to over planting in South Burlington. 2. I'd recommend moving Red Oak on the west side of the building 5 feet off the sidewalk as opposed to 3 feet to provide the trees with a bit more rooting space and a little more time for establishment before clearance pruning becomes necessary 3. Should reconsider the use of Salix alba `tristis' on the northwest corner of the building to avoid conflicts with the sewer line 4. May want to delineate some areas for snow storage around parking lots. Currently there are no areas to push up snow without damage to trees or shrubs O'Dell Pkwy PUD Lot I 1. Eliminate `Patmore' Ash and any other Green Ash cultivars 2. I'd recommend a species other than Littleleaf Linden in parking lot islands. Littleleaf Linden is becoming over planted in South Burlington and is a poor selection due to salt sensitivity 3. Four trees labeled PS are shown on the plan but not listed in the planting schedule (I assume these are White Pine but that should be clarified) F&M DEVELOPMENT COMPANY, LLC P.O. Box 1335, Burlington, VT 05402 802-658-7400 fax 802-860-3594 Memo To: Ray Belair From: Eric Farrell Date: October 27, 2006 Re: O'Dell Parkway PUD - Lot 9 Eastwood Commons II, 410 Farrell Street Enclosed please find the following drawings: I. Landscape Plan (Sheet N2.1, last revised 6/5/06) 2. Landscape Plan (Sheet N2.1, last revised 10/25/06) The first drawing represents the landscaping plan as approved under Findings of Fact &, Decision #SD-06-35, dated August 2, 2006. The second drawing represents certain field modifications made to the landscaping during the construction phase of the work. Two copies of this drawing are provided, one with the areas of change highlighted in red for easier review and comparison. The primary changes are along Farrell Street, where we desired to enhance the pedestrian experience by providing two small hardscape areas with benches where passers-by could stop for a moment of quite solitude, commune with their neighbors or simply enjoy the weather. The addition of low landscape walls in this area, similar to the ones in front of Eastwood Commons I, are intended to serve as a buffer the first floor units from street activity. Additional plantings have been added to screen the first floor units on the east end of the building from the headlights of cars exiting the Eastwood Commons garage. Overall, the modifications depicted add about $25,000 to our $90,400 landscape budget for Eastwood Commons II. I trust these improvements/additions can be approved administratively. On a related matter, it appears that the only plants we will be unable to install this fall, due to the low probability of their survival, are 10 scotch pines; and maybe five of the balsam firs, which have been difficult to harvest due to the excessive amount of rain recently. Enclosures C C RECONFIGURED PLANTING ADDED PLANTING P - N 1 \�121 Z I h I Z 1 IidtX — — I I 0 Ji _ r _ _777 � Ifs \ 0 RCINFU OF LANE r — -- �JYr A� a +� ,A�, >�' 11 t�►,:��►F'j�R�'11�`' 1 ' MLA: ally • � ��%� "i� all ►. � ��I� Ili ! EASTWOOD COMMONS 11 74 RESIDENTIAL UNITS 66 PARKING UNDERNEATH FFE 220.00 GAR 210.00 I\I �► . 09 ON era'A.O.O � ..� �► �� - ' III in �� . i .. — OR APPROVALS ONL t` • • FOR CONSTRUCTI y JON �. plow • � I BI 4 KIM LIGHTING BOUNCE 2 70 MH BL-P 14' C2 4 KIM LIGHTING CURVILINEAR 5 150 MH BL-P 20' WI I KIM LIGHTING I SITE WALLFORMS - I 50 PMH I I BL-P I t2' T Ida fR A rp .__ Arm. ne WPI 13 A tle8 Y2 i9+ t Ah as ntM pima I SS I Yb4 4 s(- _ 0 hrM b prMmrxv OA•amse 8t1 0 AK & sM Y Ne hgn p'va en &M 1 1 I , Roe � � 8 I fPP W 2 Nth mnoML r Imw Pabn hM1 Pp m n ede -- 9 '"� -_ C YORR L•N+ 8E BPS _--------- 3 wm aW , W if Jets fYe eR '. iQ Y2 ee6 - tl88 P Pqm re M � Y 25 1 tldH I Cl, P•umeh Pk M a 8d i madmp eP R.viRc Tr L 4 Bda 8p p4 yip Cue•dR wm• � �yi c n s T" i 5 M VM M• mbNmmM .Iprd RM 4'lro 'fi ads +-.—.. 7 eturn.a,asaem� C1.A CONS E.G pR PmmJ C - } �. � Natl t . T fF VO4 r1N brevRr .N aRMp' reYJ IM Eew M A tl Y2 Y3C 1 E aM Ce _ -wvNRWra ry ., 1 ...SCUM 21 ". NFEAH- JRm - tl .rox 4YER s n. veiwle ... �I e. n to »'.^N _ ae 6.oa.r MPe ..... J . rr ....w4care. H JTc'mi,." 28WMIF J .eprrw GnY --j m tl •atwE a A Nt1Jt20E fM' N W fA G Rend de rb Auml to pJ RNfJncYJENURtAYp M MRF u! Y Y 8 R f RfYpOpENDRGN ifn Fw- �• 9 Rd� kNCOCI�ENORCk MphC IzaM. 5Y $JLP 8% AlRpmrt'w 1YIh Pn xs'.s ...�.... AF. PnmAsc RMe ,-, 1-----_ 1Gr,M 1 421. 61G4n. > p A t on :,m hA ce 5 m 20 el. W M TON MU xhM.H HI 9 im .0 —MarVN S NI d • �2 NEV NUM'Em.rW runµ _ W W pF\Po _. < .._ Nd W N/BUP VAhrMe HArran MMv Npt me Gr.aWom•niP. atl 9 at . fodm _ _ _ uoaMac na a - [:a rdima _ SYs ewe L Rn. wuMJ � NN o.,xnl M 1 oa. re ac. IOp 5 PM FM1 / Nk bh hf. w ..., h .hmM N4 I .... a h ...L .a rv•aR avmme. ei'is rym.r RaiwwRN ed Npw psr , . em M WA PI dY� ,yp 5 PhtmR f Y _ j 9 A. MCIANCNi�l�urtm enR% _ SnWNmr 6arwube ry.., 8.M AF /LE m! -AAum elms AUW plea: tYRl 8 I. 6dtl 14 atR FR P^ Av a bR 6X edtl Y5 PSv P•tsmm --- -_— kINlS --_-- �_... Suuhh YNvm_ ..,....._ 91)'M. _�,..._.. _. B8tl __�.. T. J. Boyle Associates Revhe am a emarence, ade Harm-m b OS-00-11-I6-O6 o6 and landscape architects . planning consultants m b 6117/2005 tlmm tdate O'Dell Parkway PUD - Eastwood Commons II (-11 Revision to ADA ram ,dum tYx, parking -mb Rmvlsed dum star 1-1.n aM noM arkm -m 06-05.06 301 college street • burlington • -"ont • 05401 802 .658 -3555 nnp:// w .gboyle.mm = 1" = 20'-0- � • Landscape Plan 111 L P Re-submn for a mvml 10-25-06 om C MU 5 N w oN . c Re FUTURE RECREATION -PATH --, --------------------- EASTWOOD II CONTRACT PAVING I LIMITS NE CNC.CUB 14 /71 WI E SID WA K 12 130 8 NEW CONC. CURB --- __ W/7' SIDEWALK I I I 13 I I I NE CONC. CURB 13 /5' SIDEWALK I 10 X 12 CHILLER PAD / -ADD ALTERNATE QCTA D G WALLS OVED EQUAL 10 NEW CONC. CURB W/7' SIDEWALK A d A tl LOT 11 1.29 ACRES V9' WIDE ONC. SID WALK mmir -- ----------- - —(-BOULDER RETAINING WALL • _ _ _ �•I• Liiy 7jEE7 i •.l ��W� A� t�� 1� t 7 rzom; � � � CURB i�il�1 M, !-!_•Y.Lt.�!Y,L!Y.!Y.3!��• �!Y-,i!Y.�.?v!Z.�!�iz..+!Y�!f-!�,�!�=1 _ _ _ NEW CONC. CURB ■ •�D A �� i RAMP RETE—� RETAINING IWAL S OR APPROVED EQUAL 17 I 5' WIDE CONC. I 1 I I I I I NEW CONC. CURB NEW CONC. CURB W/8' WIDE SIDEWALK I ---------- 63-70 SENIOR HOUSING j UNITS & OFFICES j 48 PARKING UNDERNEATHj j FF j E 218.50 j j GAR 208.50 j WIDE C 'ET v ) ZZLu J W p O O � Z o 0 Z C,4 N 00ZLLQ LU W � Q � a- W co SITE ENGINEER: 5k CIVL EN OCW7E43. WC. SHELBURNE. VERMONT TEL 802-955-2323 FAX 802-985-2271 DRAIFN ACL OF Y� A OSAV 5~' 2T APPROVID R E PROJECT: O'DELL PARKWAY P.U.D. EASTWOOD II _______________ FARRELL STREET SOUTH BURLINGTON I VERMONT I I I I I I LEGEND I _ _ —vs EXISTING CONTOUR TE N N I 33E PROPOSED CONTOUR l — — — PROPERTY LINE (APPRO I II EASEMENT LINE O IRON PIN 0 CONC. NON. SS— — GRAVITY SENER LINE I I IN — — — WATER LINE OE— — — OVERHEAD ELECTRIC UE— — — UNDERGROUND ELECTRIC T — — — TELEPHONE LINE f I c — — — GAS LINE m MANHOLE !I I V HYDRANT ® SHUT - IL —_ ¢ POWER POLE 4 SIGN CULVERT I • CATCH BASIN i _ rvvvvvvvvv� EDGE OF BRUSH/WOODS Q DECIDUOUS TREE — — HLLE CONIFEROUS TREE a EIGHT POLE a I d r inch 20 t!. 4 WETLAND T NE 5 4111111 BIKE RAC( WI E 0 ZONING DISTRICT SI EW/ DUMPSTER ENCLOSURE DATE CBE—D I REYIeION -27-05 ACL/SAV RENSEO SITE PLAN AND UnUPES -2-115 ACL/SAV REWSEO SITE PLAN AND U7IUEES -1545 ACL/SAV REVISED SIZE PVN AND UPU➢ES -]E-05 ACL/SAV SDIIDR HOUSING - ISSUED FOR PERMIT MO BID -I-as ACL/snv REVISED NTE PUN AND ununes SITE PLAN DATE DRANDNG —DER n->e-ss scALe - 20' C-2A PROI NO. 032M I I I I II I I + J. and S. SNYDER I�- r `I I I - - - - - - - BACON STREET I I I I I I I I I C Co., N dL A. a,INC. I® I NEW N I STNN POLE PGE ! RECIIRICAL EDus A. and R. REYE mm me -------------------- L•� I I 1 ❑❑❑a IL and L BROOKS I M. and P. I I M.and J. WARREN I IE.and K. JOHNSON G7 II NGs NENNESSEY i M E. REDDINCTON A. BOWCK I N. OSBORNE i� I B. BARNEY I I Fd L KOCNMANI I A BOUCNE I J. KAHAN anI Nand A. MERRILL G. and L BOLENDER M. STACKMAN L. P. BROOKS F I I G. LINK I I I I i aumN an rAAN a EA ITWO ID II LIMT 011 W. xaLFE ACRES R I I OF CONSTRUCTION ' OI I ,B3 JOY I _ I�I�I�I�I�la�l�l�l�l�l�l�l� // 'w�►I I IDRIV a I ImT-,L s--I � I POH - BUILDING RCOfAT1011 PEA t- ' l TWIN OAKS HEALTH AND FITNESS IJL IF I I LOCATION MAP I I SCALE: 1 = 2000 feet I - NEW ADDITION (133'#0'(28809F1) t• EXISTING ENTRANCE ADDITION I I - -- -------------- 9A a7•,az' I I II Icy■ _____ TENNIS COURTS I �- I _J --T I ' I - Q z t I ICONC.�DIAK j EXISTING PARKING EWTWOE I L I I w I 7 oz��N a - - - - - - - - - - - - - -� ✓7. IPa - .I. 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II-1-05 ACL AV IREMSED STE PLAN AND MUTIES I �gx Ndn ` EXISTING BUILDINGS AND 11-22-0 ha&Ay !It SITES SHOWN WERE 5-11-09 AGL/SAv IANNNG D n sH PREVIOULY APPROVED 8-5-05 AQL/SAv REWSFD GARB SHED LOCATION AND GRADNG UNDER ACT 250 NOTE IN ACCGIDANQ WTH "'S". &Qa NE ONLY GRAMNG THAT IS TO OCCUR SEDIMENT POND WIINN THE G0. a- T 314- SE ASSOGATED WITH THE OETENTON eAEW cGRsmurnaR. GRAPHIC SCALE W ( IN FEET ) 1 lash - 80 ft. I OVERALL SITE PLAN DATE DRAWCNG NTIMRER 9CAtE �T C-3A P/��RONY. O. SIM Af� Ll I SITE ENGINEER: 1 IL. and L. BROOKSI I M. and P. I I M.and J. WARRENI I I I I IE.and K. JOHNSONI I HENNESSEY 1 I B. BARNEY I I J. KOCHMAN I I I FUTURE 8' WIDE BIT. GIONC. I I REC. PATH 1 E. I 5k A. BOUCHE J. KAHAN I IF.and M. STACKMAN L. P. BROOKS N.and A. I MERRILL ��'1O�a�O SHELBURNE, VERMONT I I ( I I I I I I I TEL 802-985-2323 FAX 802-985-2271 I I DRAWN ACL ��( �- --------------- �pWyT��{q�,L --- -- _--___--_-------- of III�1� I WOLFE ------_ and B. 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RAPRI SCA�� 4-9-0 p _ �, acArr r -30, plum. NO. C-6A ( IN I / L - 30 r WW1 DEVELOPMENT REVIEW BOARi, 1 AUGUST 2006 3. Continued Public Hearing: Preliminary plat application #SD-06-54 of John Illick for a planned unit development to subdivide a 177.2 acre parcel into 16 lots ranging in size from 3.98 acres to 29.46 acres, Community Drive: Mr. Belair asked the Board to continue the hearing until 15 August so they can bring in missing information needed for action on the curb cut issue. Ms. Quimby moved to continue Preliminary Plat Application #SD-06-54 of John Illick until 15 August 2006. Mr. Bolton seconded. Motion passed unanimously. 4. i Continued Public Hearing: Final Plat Application #SD-06-35 of F & M Development to amend a previously approved planned unit development consisting of. 1) 309 residential units in six buildings, 2) subdividing two parcels of 24,458 acres into eight lots, 3) a 73-unit multi -family dwelling, 4) a 4,430 sq. ft. expansion of an indoor recreation facility, 5) a 64-unit congregate care housing facility, and 6) an existing 16,000 sq. ft. television studio & office building. The amendment consists of: 1) increasing the number of units at 410 Farrell Street from 73 units to 74 units, and 2) constructing a 12'x24' accessory structure, Farrell Street: Mr. Farrell noted that they had been asked to do some sound studies, which they did. He gave the Board the written report of this. They were also asked to provide some kind of screening/fencing. Mr. Farrell said they don't like doing this but will if the Board says to. There are now two 6-7 ft. high, solid wood fences. They could provide a fence to connect these 2 fences. There would be a gate in the middle. This might provide some noise mitigation. Mr. Farrell then showed the proposed location of the dumpster and explained how the noise tests were conducted. The study showed acceptable levels of noise. Mr. Farrell said they would control the hours of trash collection, so there would be no noise before 7 a.m. Mr. Belair reviewed the city's noise regulations. He noted there are general and specific standards. Between midnight and 8 a.m., noises which are audible 50 feet from a building are deemed to be a nuisance. There is nothing in the regulations regarding peak noise levels. Mr. Vock referred to information in his report on decibel levels. The original background readings were 60-65, which is similar to an air conditioner at 15 feet. He noted that when the trash removal truck backs up, there could be a "peak" of noise. Mr. Vock said they also took a reading at the dumpster. Generally, noises were consistent with background noise. Peaks were reached when the truck was backing up -2- DEVELOPMENT REVIEW BOARL 1 AUGUST 2006 and when there was "metal to metal" contact as the dumpster was lifted, but this was of very short duration. The reading for this was 90+. At the property line, it dropped to 72. Mr. Vock said one advantage of this location for the dumpster is that it is relatively far from the property line. He felt there would be more noise if the trash pickup were underground because the duration of sound would be longer when the truck was backing UP. Mr. Farrell said one other thing they are doing is a boundary line adjustment between lots 1 & 9. Mr. Belair said the approval motion would have to be amended to reflect this. Members did not favor adding the fencing between the two existing fences. The motion was amended to include a description of the boundary line adjustment as part of the request. Ms. Quimby moved to approve Final Plat Application #SD-06-35 of Eric Farrell subject to the stipulations in the draft motion as amended to include the boundary line adjustment noted above. Mr. Bolton seconded. Motion passed unanimously. 5. Public hearing: Final Plat Application #SD-06-55 of Pizzagalli Properties, LLC, to amend a previously approved plat for a 28,000 sq. ft. mixed use building consisting of: 1) 18,000 sq. ft. of medical office use, 2) 9,400 sq. ft. of general office use, and 3) 200 sq. ft. of retail food establishment use. The amendment consists of adding a sidewalk to emergency egress exit, 118 Tilley Drive: Mr. Bouchard said they have an emergency egress doorway on the south side of the building. There was never a sidewalk put in there, and they are required by the State to keep a pathway clear. They decided that a sidewalk would be the best way to do this. Staff had no issues with the request. Ms. Quimby moved to approve Final Plat Application #SD-06-55 of Pizzagalli Properties, LLC, subject to the stipulations in the draft motion. Mr. Birmingham seconded. Motion passed unanimously. 6. Public Hearing: Preliminary Plat Application #SD-06-56 & Final Plat 4SD- 06-57 of City of Burlington/Burlington International Airport for a 3-lot subdivision consisting of a 62,172 sq. ft. lot (lot A), a 3212 sq. ft. lot (lot B) and the remaining Airport property (lot C), Aviation Avenue: Mr. McEwing explained that they have built the facility and now need approval to lease it. He said it appears that every time they have a use, they have to come to the Board. Mr. Belair explained that this is because of the definition of a subdivision. He read the pertinent subdivision regulation. Mr. McEwing noted they are constantly changing leases within the Airport. Mr. Dinklage said the Airport is no different from any other property. -3- SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 September 7, 2006 Eric Farrell Farrell Real Estate PO Box 1335 Burlington, VT 05402 Re: DRB Minutes - Farrell Street Dear Mr. Farrell: For your records, enclosed is a copy of the approved minutes from the August 1, 2006 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy Mc onough Planning & Zoning Assistant Encl. State of Vermont LAN® USE PERMIT AMENDMENT CASE NO 4C1071R-3 LAWS/REGULATIONS INVOLVED APPLICANT F & M Development Company, LLC 10 V.S.A. §§ 6001 - 6092 (Act 250) ADDRESS P.O. Box 1335 Burlington, VT 05402-1335 District Environmental Commission #4 hereby issues Land Use Permit Amendment 4C1071R-3, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6092. This permit amendment applies to the lands identified in Book 260, Pages 112-114, of the land records of the City of South Burlington, Vermont, as the subject of a deed to F & M Development Company, LLC, the Permittees as Grantees. This permit specifically authorizes the Permittees to add three residential units (total units increases from 71 to 74) located within the 4,775 sf, 3-story addition on the north end of the Eastwood Commons building on Lot #9. The Project includes the following technical modifications: 1) The increase in building coverage from 19.8% to 19.9% and the decrease in overall lot coverage from 61.7% to 61.5%; 2) The decrease in total number of parking spaces from 867 to 855; 3) the increase in PM peak hour vehicle trips ends from 247 to 249 and 4) A 2001f landscaped berm on the north side of Lot #9. The Project is located on Farrell Street in the City of South Burlington, Vermont. The project is subject to Act 250 jurisdiction because the project is a material or substantial change to a development over which the Commission has jurisdiction and thus constitutes "development" pursuant to Act 250 Rule 2(A). Accordingly, a land use permit amendment is required pursuant to Act 250 Rule 34. The Permittees, and its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: All conditions of Land Use Permit #4C1071R and amendments are in full force and effect except as amended herein, 2. By acceptance of this permit, the Permittees agree to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. The project shall be completed, operated and maintained in accordance with the plans and exhibits on file with the District Environmental Commission and the conditions of this permit. 4. The approved plans are: Cover Sheet - "O'Dell Parkway PUD - Eastwood Commons II" dated May 11, 2006; Sheet 1 - "Revised Final Plat" dated June 20, 2005, last revision May 11, 2006; Sheet C-2A - "Site Plan" dated November 18, 1999, last revision June 5, 2006; Sheet C-3A - "Overall Site Plan" dated November 18, 1999, last revision June 5, 2006; Sheet C-4A - "Grading + Drainage Plan" dated April 8, 2005, last revision June 5, 2006; Sheet C-5A "Utilities Plan" dated April 8, 2005, last revision June 5, 2006; Land Use Permit #4C1071R-3 Page 2 of 4 Sheet C-6A - "Erosion Control Plan" dated April 8, 2005, last revision June 5, 2006; Sheet N2 - "O'Dell Parkway PUD - Northeast Overall Planting Plan," dated June 17, 2005, last revision May 11, 2006; Sheet N2.1 - "O'Dell Parkway PUD - Eastwood Commons H Landscape Plan," dated June 17, 2005, last revision June 5, 2006; Sheet A-400 - "Elevations North Wing" dated August 3, 2005, last revision October 28, 2005; and Sheet A-401 - "Elevations North Wing" dated August 3, 2005, last revision October 28, 2005. A copy of this permit and approved plans shall be on the site at all times throughout the construction process. 6. No changes shall be made in the design or use of this project without the written approval of the District Coordinator or the Commission, whichever is appropriate under the Act 250 Rules. 7. Pursuant to EBR 51(G), the permit application and material representations relied upon during the review and issuance of this permit by the District Commission shall provide the basis for determining future substantial and material changes to the approved project and for initiating enforcement actions. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit, as provided by 10 V.S.A. §§ 6001-6092 and the rules of the Natural Resources Board. 9. By acceptance of the conditions of this permit without appeal, the Permittees confirm and agree that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittees and all assigns and successors in interest. 10. This permit hereby incorporates all of the conditions of the following Agency of Natural Resources Permits: • Potable Water Supply and Wastewater System Permit #WW-4-2499-1 issued on December 16, 2005 by the Wastewater Management Division. Any subsequent nonmaterial changes to these permits shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. Subsequent amendments involving material changes to the Act 250 permit shall not be constructed prior to review and approval of the District Coordinator or the District Commission under applicable Act 250 Rules. The Permittees and all subsequent owners or lessees shall install and maintain only low -flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 11. A copy of the approved erosion control plan shall be on the site at all times during construction. 12. In addition to conformance with all erosion control conditions, the Permittees shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the Land Use Permit #4C1071R-3 Page 3 of 4 requirements of this condition does not absolve the Permittees from compliance with 10 V.S.A. §§ 1250-1284, Vermont's Water Pollution Control Law. 13. The Permittees and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #16 (Landscape Plan) by replacing any dead or diseased plantings within the season or as soon as possible after the ground thaws, whichever is sooner. 14. The installation of exterior light fixtures is limited to those approved in Exhibit #16 (Landscape Plan), and shall be mounted no higher than 20 feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 15. The Permittees shall not erect additional exterior signage without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate marketing signs. 16. Pursuant to 21 V.S.A. Section 266, the Permittees and/or subsequent lot owner shall construct the three-story multi -family home, in accordance with Vermont's Residential Building Energy Standards (RBES) in effect at the time of construction. IT The installation and/or use of electric resistance space heat is specifically prohibited without the prior written approval of the District Environmental Commission. 18. At the completion of the project, and prior to the occupancy of the building, the Permittees shall certify by affidavit that the site improvements have been constructed in accordance with this permit pursuant to Act 250 Rule 32(A). 19. Each prospective purchaser of any lots shall be shown a copy of the approved plot plan, Wastewater System and Potable Water Supply Permit, and the Land Use Permit Amendment before any written contract of sale is executed. 20. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission. 21. The Permittees shall reference the requirements and conditions imposed by Land Use Permit #4C1071R-3 in all deeds of conveyance and leases. 22. Pursuant to 10 V.S.A. § 6090(b) this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittees have not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.S.A. § 6091(b). 23. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. § 6090(c). Land Use Permit #4C1071R-3 Page 4 of 4 Dated at Essex Junction, Vermont, this day of August, 2006. By: Stephanie H. Monaghan, District Co rdinator As authorized by: Thomas A. Little, Chair District #4 Environmental Commission Members participating in this decision: Michael Flaherty Kate Purcell Any party may file a motion to alter with the District Commission within 15 days from the date of this decision, pursuant to Act 250 Rule 3l(A). Decisions on minor applications may be appealed only if a hearing was held by the District Commission. Please note that there are certain limitations on the right to appeal. See 10 V:S.A. § 8504(k). Any appeal of this decision may be filed with the clerk of the Environmental Court within 30 days of the date of issuance, pursuant to 10 V.S.A. Chapter 220. The appellant must attach to the Notice of Appeal the entry fee of $225.00, payable to the State of Vermont. The Notice of Appeal must include all information required by Rule 5(b)(3) of the Vermont Rules for Environmental Court Proceedings (VRECP). The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the VRECP. For further information, see the Vermont Rules for Environmental Court Proceedings, available online at www vermontiudiciary.ora. As of February 14, 2005, the address for the Environmental Court is: Environmental Court, 2418 Airport Road, Suite 1, Barre, VT 05641-8701. (Tel. # 802-828-1660) W AAct250\DIST4\PROJECTS\4C 1071 \4C 1071 R-3.pmt EXHIBIT LIST FOR E DATE X R H E I C B E I I T V N O. APPLICATION #4C1071R-3 Page 1 E A = Applicant N T = Town T EC = Environmental Conservation E RPC = Regional Planning Commission R ANR = Agency of Natural Resources E AOT = Agency of Transportation D DPS = Department f P bl' B Y 1 11/15/05 A 2 GG f) 3 << )) 4 5 6 << 7 << 8 9 10 11 12 13 14 15 16 17 18 19 11/21/05 " o u is Services VDH = Vermont Department of Health DP = Division for Historic Preservation WMD = Wastewater Management Division Nature of Exhibit and Date Entered Cover Letter by F & M Development Company, LLC Act 250 Application Cover Sheets Schedule A - Fee Information Schedule E - Adjoiner Information Schedule F Certification of Service & Notice of Application Schedule B - Response to the 10 Criteria & Subcriteria Location Map School Impact Questionnaire fro Residential Projects Plans: Small Set Plan: Overall Existing Condition Plan, C-1 (Rev 10/28/05) Plan: Eastwood 11 & Senior Housing Site Plan, C-2 (Rev 11101105) Plan: Eastwood It & Senior Housing Site Plan, C-3 (Rev 11101105) Plan: Eastwood H & Senior Housing Grading & Drainage Plan, C-4A (Rev. 6/5/06) Plan: Eastwood 11 & Senior Housing Utilities Plan, C-5A (Rev. 6/5/06 ) Plan: Eastwood II & Senior Housing Erosion Control Plan, C-6A (Rev. 6/5/06) Plan: Eastwood H Landscape Plan, N2.1 (6/5/06) Plan: Elevations: North Wing, A400 (Rev 10/28/05) Plan: Elevations: North Wing, A401 (Rev 10/28/05) Municipal hnpact Questionnaire W:AAct250\ADMIN\EXHIBIT\4C 1071R-3.wpd.cc EXHIBIT LIST FOR APPLICATION #4C1071R-3 20 21 5/15/06 " 22 8/9/06 " c 23 c fS ' 24 4C 25 44 Page 2 Wastewater System & Potable Water Supply Permit WW-4-2499-1 Issued 12/16/05 Memo by Eric Farrell re Revised Plans (5/15/06) Memo by Eric Farrell re Revised Plans (5/15/06) City of South Burlington Dept. of Planning & Zoning Findings of Fact & Decision (8/2/06) Plan: Site Plan Drw. C-2A (Rev. 6/5/06) Plan: Overall Site Plan Drw. C-3A (Rev. 6/5/06) W:\F.ct25 0\ADMIN\EXHIBIT\4C 1071 R-3.wpd.cc CERTIFICATE OF SERVICE I hereby certify on this day of August, 2006, a copy of the foregoing ACT 250 LAND USE PERMIT #4C1071 R-3, was sent first class mail, postage prepaid to: PARTIES: F & M Development Company, LLC EF Farrell, LLC PO Box 1335 Burlington, VT 05402-1335 Eric Farrell and DB Morrissey, LLC PO Box 421 lBurlington, VT 05402 Donna Kinville, City Clerk Chair, City Council/Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Elizabeth Lord, Land Use Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission Thomas A. Little, Chair/Kate Purcell/Michael Flaherty 111 West Street Essex Junction, VT 05452 James B. McCarthy, Engineering Services Vtrans - One National Life Drive, Drawer 33 Montpelier, VT 05633 Dated at Essex Junction, Vermont, this It day of August, 2006. r A6 '% atfu nstin mmo Natural Resources Board Technician 879-5660 :AAct350\ADMIN\CS\4C1071 R-3.wpd.cc F & M DEVELOPMENT CO dea b date sneer no: landscape architects • planning consultants 08-01-06 Eastwood Commons II P.o. Box im A BURLINGTON, VT05401 301 college street • burlington • vermont• 05401 802. 658.3555 www.tjboyle.com normscale 1"=20' - Noise Study: Mitigation Plan Ex 1 A EXISTING 4' FENCE EXISTING BERM & PLANTING WINLY SECTION A -A' SCALE: g' = 1' IY' 4 OPOSED GATE PROPOSED 6' WOOD FENCE NEW 4' FENCE NEW BERM & PLANTING nc� IIIIIIIIIIII�IIII_ .,.,�,� IIIIIIIIIIII�IIIIIIIIIII �.,_ :.- ERIC FARRELL landscape architects • planning consultants haw OWN F & M DEVELOPMENT CO P.O. sox 1335 A drawn b date BURLINGTON, VT 054o, 301 college street • burlington • vermont• 05401 802. 658. 3555 www.tjboyle.com 1/8" = 1'northScale i Eastwood Commons II sheet no: Noise Study: Mitigation Section EX 1 nug o1 06 01:04p CER, )c. 802-F" 't5-2271 p, 1 July 31., 2006 Mr. Eric Farrell Farrell Real Estate P.O. Box 1335 Burlington, Vcrmont 05402 Re: Noise Evaluation - Eastwood II Dear Mr. Farrell: 9�o 351Ll On July 26, 20071 visited the Eastwood II project for the purpose of conducting a sound impact evaluation from a trash removal operation. Representatives from the Myers Container Service Corporation were on site with a garbage truck and a large dumpster to simulate the noise levels from a trash pickup at the proposed dumpster location at the Eastwood 11 project. The results of our study, observations, and comments are summarized below. 1. A sound level meter calibration was conducted on site to ensure accurate measurements. 2. Due to the continuous noise from the project construction, a background level check was performed. In general, the background noise Ievel as recorded at the proposed garbage shed ranged from 60 to 65 decibels. There were on -site activities such as equipment movement (backup alarms). sawing_ and hammering (nearby) that produced higher peak levels. However, these noise levels tended to be much shorter durations, 3. To start the evaluation, the garbage truck and dumpster were moved to the proposed garbage shed. The noise from the idling truck was measured at 76 decibels as recorded at five feet from the truck engine. 4. The truck then went through the process of loading the dumpster. In gencrul, the noise levels remained fairly constant until the dumpster reached the point of dumping and the "metal on metal" sound that was produced when the dumpster shifted on the truck's lifting arras was recorded at 92 decibels fromfive feet away. The peak level occurred for a very short duration (less than 1 second) and then returned to normal levels. The dumping operation was repeated and sound measurements were recorded at the top of the berm (approximately 60 feet away) and at the northern property line (approximately 100 feet away), and the peak, instantaneous noise levels decreased from 92 decibels to 83 decibels and 72 decibels respectively. At the northern end of the berm adjoining the recreational path (180 feet away with full line of sight), the peak noise level was recorded at 71 decibels. Received Aug-01-2006 12:14pm From-802 985 2271 To-REDSTONE Page 001 Hug 01 06 01:04p CER, nc. aBOz-"65-zz71 p. z Mr_ Eric Farrell Page 2 July 31, 2006 6. The [tuck's backup alarm was also checked at a distance of five feet and the noise level was measured at 98 decibels. At tho northern cnd of the berm, the backup beeper noise resulted in a peak sound level of 69 decibels_ 7. It is important to note that if the dumpswr was located withi.n.. the .Eastwood II building garage, the neighboring properties to the north might experience slightly lower noise levels from the gash pickup operation at locations where isolating distances to homcs have increased (greater impacts where the isolation distance has decreased). However, any benefits would be offset by the duration of the peak noise levels. Since the trash dumping operation cannot occur within the garage, trash, haulers would be required to backup the relatively steep garage ramp (with backup alarms on) in order to dump each dumpster. The exposure to higher noise levels would substantially increase while creating unsafe traffic movement on. the garage access ramp. 8. In comparing sound levels, it is important to understand that the decibel scale is logarithmic and not linear. For a change in sound level of 10 (as measured in decibels), it would be perceived as twice as loud. In summary, our results from the garbage pickup sound evaluation indicate that the maximum peak sound as measured at the closest neighboring property line would be approximately 72 decibels. This operation would probably occur only twice a week and for a very short duration. A decibel reading of 70 can also be produced by a face to .face conversation. From an operational and noise impact consideration, a gair'bage shed would be more desirable than internal pickup within the Eastwood II garage. If you should have any questions or would like to discuss this matter in further detail, please let me know. Sincerely, Stephen A. Vock, P.E. SAV:pao Received Aug-01-2006 12:14pm From-802 985 2271 To—REDSTONE Page 002 Aug 01 06 01:04p CEFI, `[10 . GENERAL Sound iy energy proquanq by a vlbiatill(t obioct or :uda0a rind IrAnsmi'Had as a wave thiOugh an elastic, madium. Such is m,:dikm, mav'bo air (airborne aoun,il o, t,ny void cornrnor, aU11619 rnntn,irl, xuah n:> arnnl, ,:nears+U7, wood, VitAnsr, oyp. Sum boercJ, ntr:. Inrr,,,:nvo borne aound)• A sound wxvn 1103 ,tnrAltudrt And fraquency. ilia AmDlilude Of 90Und waveB,g nlrN;ryurod in daclUcla Ida). Th,t do,:'rbel scale is a logarithmic Scale Lw:ad on th0 log0- rllnM of thv rods of a mound proaaure to n rofarence anunl7 presslue late Shroshold Ot audibility). Thu values of A lojarltn- m(r a0818. Buch 02 the decibr_I Irtvnl3 Of two not90 souices, cvnnot bo added directly. Instead. use the sirrtp6nud rrmthod Jo-eribad in the lal',la imn•,udiutaly Ltolnw• DilfereneA between 0-1 2-3 79-. 10t,ound Ievols (in dB) Add this nurrdn;r t(l 30 higbor :rnlna 19ve1 ral. exor'11%0, e0 dB + 20 CJ6 - 90 rin; 80 d®♦ 60 off - 6J dO The freaucnry of sound wttvn3 i3 measurad in Hertz II Lr. ;rl-n known es evcles oer second) and Grouped into oen.tvaz lan octave bond i$ Misfiled by its geometric cantor irequwney), An notave band covory tho range fro- one rrnquoncy (Hz) (cr twice that frequency V to 21), The range of human I'A,dncg cover$ the froquencloa from 20 to f (3,000 Hz. Htrman hearing is most acute in the 1000 to 4000 Hz octAv,+. bu„ds. Tho huinnn car diooriminato0 ogainor I,lw frequenrien to a manner matched by the A -weighting filter Of A srAind level IT" far, measured In d8A, or A woighlad docibefs. This is thU most Univer5zilty MC9Dted sinola number 0ntin0 for human ragpi; :r to touner. FREQUENCY OF COMMON SOUNDS TYPE OF SOUND T LOW oedal Slav an Organ Hinhost note on 1,;., Mango of humAn speacfl Area at rnosf Avh.Och intelligibility Ballasl hltrri from fluoroseent3 And harrgonics Desktop COn,pvters with disk dnvn Offioo oquiwnssnt (printers, typewritur3, telnphones) I funk3. buses Human hearing 'Ooteve- Cl frequency ,slim OT 7:1 -TYPICAL SOUND LEVELS SOUND ^UDJCCTIVE LGV EL (,�.A) r, YAL U AT I ONS 1�.__— — — rhveshnitlt�i baling 110 — 90 80 MvtlnrrytClY I011tl _ VT—laddr AI n Very qurot .._ 7p ---- — tU �— Just __U �-- — �— auU,Dln-• Throulwld of h4nri�t, 802-Q95-2z71 p.3 t SO UND OURC SUC:E .� - .. FREQUENCY SOUND AND FREQUENCY FREQUENCY RANGE OF OCTAVE (hly) OCTAVE BANG CENTER Cp EOUE_NCY (H7.) ZY11A _ l.b -- 44-88 G3 - 1 /rr;150 250 _ .- 700.1400 1000 — - 2000 1400 •21i00 28UU-Ei600 4000 — 0000-11,200 _ _ 6000 — I— lOw cREQUENCV 76 3t.5 as 115 J _. PRCOUENCY OR PITCn (r'IZ) SUBJECTIVE REACTtONzi '!'O CHANGE IN SOUND LEVEL CHANGE IN SOUND LEVEL+ CHANGE IN APPARENT LOUDNESS 1 to 2 ItrlporceptibiA liArely oorceoiible 5 Ut a Clearly noticeablo 10 SiynitlCani chringu--•twico as loud for hall as loud) 90 - Dr�moUO chen9e-lour ...... lie Ioud lot g quartor as loud) _ "MBeso,ad in docibrda (DIUA oe rninu,) MIDFRFQUENCV OCTAVE'I 2s0 500 1000 Y000 Im ENVIRONMENT OUTDOOR roar lot orryin6 red artillery lira — Tt Aircrrgt dooarture (within 56�1 fii---' EIBvAIed Ifarn — Jut f vover 5- t -6.l l .. -- Power mgwpr, R1olMeyclfl al 25 It, eWto hold AI to II " Propollar ��h.n� Ilyuv�•i w.i tUUU tr, n—niiy luhnn ,troal -..._.— 1710!1W lrtl at 1101T1ph ai5011" ••• . _—.. I Davy urban tialric _ "— Alr-(:ntidilinning condenser at 1 7 fl, rtatl/ freBWBy Auln •h fit( I•r , — _... larOolronofoii,tiri nt 7Off It ra tt ..._ .. _ .— Uwm remdnnYal nn7yhbriifj iriA --... --- Rustling I9avos Still nips IT, nlfnr ltrrta'..—_ Call Ra ,,nbCrg, AIA: Acontoch. Inc.; CArnbridvo. MassachusHlls _• nlorr rrrcp UGNCY i 400a _ 5000 1$000 _ 01 a'Ja - INDOOR _ _"—I-I:ud rock band - . —••Insitfa propallof Iri;,no ._.. ., •_ fa (iwlt n0158 I11 Ufana " ---"— Full nyritphony Cv —Food olender, ioiey ractnry _ • 1nr}I(8 IU At ITljf+ 90P.8J. a:ubxipa di�Dosal, d1Ar1WtlAllar t ace-hr•tacC COnvq rsa hen, vacuum clean rr, elec(rir, IypPWfilBl lofge puuun lut .y, etrlurrl — — N �wqq Pf rlca. roll cal di0 MUS1rn ul ril�Vr lfr10n1 t32tlr'(ii,.-. it rage residunce wrthaui °uiii,v --' ""' --OUlot tllemfv, whi3per " ACOUSTICAL DESIGN T Received Aug-01-2008 1Z:14pm From-80Z 985 2271 To-REDSTONE Page 003 Aug 01 06 O1:O4P CEH, `1c. 802-�'95-2z71 P. CONTACT %WH OUR Slid FIND: 51►9.NrT SIGN UP foR SOUNBBI Ifs M Sl,lelurr Homo a Rezources > How-To's > Loudness Checkoff I My AQr, Decibai (L,ar;>rdnes5) E�:oInplri on CFI a Here are some interesting numbers, collected from a variety of sources, that help one to unders volume levels of various sources and now tney can affect our hearing. Environmental Noise Weakest sound heard N Normal conversation (3-5') Telephone dial tone City Traffic (inside car) Od6 60-70dB 60dB 85dB Train Whistle at 500' 90dB Subway train at 200' Lcvc.' rat ;vfn l7 sui!Narr7o& xi�ri3ilr6 r,7t14' r s;.df in hcarrnq /Ur,:; 95dB Power mower 107dB Power saw -1( 110dB ;'ain b,_,g)ns 925d8 Prnaumatic riveter at 4' 125dB Jet engine at 100' 140dB Death of hearing tissues 180dB loudest sound possible 194dB OSHA Oaily Permissible Noise Level Exposure Hours per day Sound level B 90de 6 4 92dBF�� - -- 95OB 3 97dB 2 100de 1-5 102dB 5 110dB http://W-ww-gcaudio.com/resour-ces/howtos/loudnes5.htmi S/1 /2006 Received Auir-01-2006 12:14pm From-802 985 2271 To-REDSTONE Palle 004 1 SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802) 846-4106 August 2, 20o6 Steve Vock CEA PO Box 485 Shelburne, VT 05482 Re: Farrell Street Dear Mr. Vock: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, i _ C Betsy McDonough South Burlington Planning & Zoning Department CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. /§ 4471(c). HEARING DATE: A �(4 NAME MAILING ADDRESS PROJECT OF INTEREST V° I r-- y- lye �" O'SLgdl Boa js 760 jkn P4. U-1 Pv 1, UT QSyo j C23 �.c�' Vf S� • L�CJ �2 L.�asG.�d,.-7 �� 7'✓� �L�i �(SL �� ✓lG�l �� 1 Sa Sim �a,� Ste, �6%e� '-ZIl , CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 2, 2006 Eric Farrell Farrell Real Estate PO Box 1335 Burlington, VT 05402 Re: Farrell Street Dear Mr. Farrell: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on August 1, 2006 (effective 8/2/06). Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records within 180 days (must be recorded by 1/29/07) of this approval or this approval is null and void. If you have any questions, please contact me. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7005 1820 0004 3157 8861 SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802) 846-4106 August 2, 20o6 Liz Weir 8 Dion Street Winooski, VT 05404 Re: Farrell Street Dear Ms. Weir: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Betsy McDonough South Burlington Planning & Zoning Department CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 To: South Burlington Development Review Board v From: Cathyann LaRose, Associate Planne�'//' Date: July 20, 2006 Re: Agenda #4, #SD-06-35, F&M Development Co. LLC Final plat application #SD-06-35 of F & M Development Co, LLC to amend a previously approved planned unit development consisting of: 1) 309 residential units in six (6) buildings, 2) subdividing two (2) parcels of 24.458 acres into eight lots, 3) a 73 unit multi -family dwelling, 4) a 4,430 sq. ft. expansion of an indoor recreation facility, 5) a 63 unit congregate care housing facility, and 6) an existing 16,000 sq. ft. television studio & office building. The amendment consists of: 1) increasing the number of units at 410 Farrell Street from 73 units to 74 units, and 2) constructing a 12' x 24' accessory structure, Farrell Street. Increase in units: The maximum density allowed in the subject PUD is 457 units (includes affordability bonus which has been met). The proposed project will increase the number of units built from 388 units to a total of 389 units. Sixty-eight (68) units of density remain. The additional unit proposed does not change coverages, setbacks, or building elevation. Based on the Land Development Regulations, the overall PUD will require 925 parking spaces. The applicant has provided and/or is proposing to provide 855 parking spaces (per F&M Development memo dated July 13, 2005). This shortfall is 70 spaces, or 7.6%. 1. The Development Review Board should grant the applicant a 70-space, or 7.61% parsing waiver. Staff finds no issues with the increase in the number of units. Constructing a 12' x 24' accessory structure The proposed accessory structure is proposed to be located on the northern property line of Lot 9. The structure is to be used as an enclosed trash storage shed. The proposed structure meets all of the requirements of Section 3.10(A) of the SBLDR. Staff finds no issues with this structure. At the hearing on June 6. 2006 some members of the Board suggested some sort of a structure or acoustic engineering to act as barrier to the noise creates' by the trash truck. Staff is strongly opposed to this proposal for several reasons: a. The Board is already proposing to limit the hours during which trash will be picked up. It is not unreasonable, egregious, or otherwise detrimental to hear a trash truck for five minutes at, for example, 9 o'clock in the morning. b. The structure will do little to actually block the sound. Neighbors have stated that they can already hear the trash picked up from other buildings on the far side of the site. If a four story building does not block the sound of a trash truck, then a wall certainly will not. c. Adding random walls or fences will only create unsightly structures on the site. d. Requiring acoustic engineering of a trash enclosure to block a sound heard outside of said structure for five minutes at a maximum of two or three times per week is an undue burden on the applicant and could set an unreachable standard for all future trash enclosures. e. The proposed trash enclosure is nearly sixty (60) feet from the nearest property line and even further to the nearest house. The regulations state that an accessory structure may be located as close as five (5) feet from a property line. The trash enclosure as proposed is well beyond those limitations and in compliance with the South Burlington Land Development Regulations. f. Finally, staff reminds the Board that no structures shall be placed so as to block free movement on a public right-of-way. Staff realizes that the neighbors have a valid concern about the sound of trash trucks at an unreasonable hour so close to their homes. However, it is doubtful that even they would recommend acoustic engineering or unsightly walls. Staff supports a reasonable restriction as to the allowable hours of trash pick-up. Staff recommends limiting trash pickup to not occur before 7 a.m. 2. Trash pickup on the subject lot shall not take place before 7 a.m. DEVELOPMENT REVIEW BOARD 6 JUNE 2006 3. Consent Agenda: a. Site plan application #SP-06-29 of Goss Dodge, Inc., to amend a previously approved plan for a 36,085 sq. ft. auto sales, service and repair facility. The amendment consists of expanding the vehicle storage and display area by 14,000 sq. ft., 1485 Shelburne Rd. b. Design Review application #DR-06-05 of Wesco, Inc., to amend a master sign permit for the property located at 36 San Remo Drive in the Dorset Street/City Center Sign District. No issues were raised. Mr. Kupferman moved to approve the Consent Agenda as presented subject to the stipulations in the draft motion. Mr. Birmingham seconded. Motion passed unanimously with Ms. Quimby abstaining on the Wesco approval. 4. Public Hearing: Final Plat Application #SD-06-35 of F & M Development Co., LLC, to amend a previously approved planned unit development consisting of: 1) 309 residential units in six buildings, 2) subdividing two parcels of 24,458 acres into eight lots, 3) a 73-unit multi -family dwelling, 4) a 4,430 sq. ft. expansion of an indoor recreation facility, 5) a 63-unit congregate care housing facility, and 6) an existing 16,000 sq. ft. television studio & office building. The amendment consists of: 1) increasing the number of units at 410 Farrell Street from 73 to 74 units, and 2) constructing a 12'x24' accessory structure, Farrell Street: Mr. Farrell showed the plan approved in the fall. He then showed where the trash will be collected and where a handicapped ramp has been moved to. The changes have resulted in the loss of 4 parking spaces, so the parking waiver is now 70 spaces or 7.6%. There are 925 parking spaces in the entire PUD. Ms. LaRose noted that Stipulation #3 in the decision motion should read: The Board grants a 70 space or 7.6% parking waiver. Mr. Belair noted that the plans were submitted only this evening and has not had a chance to review them. He noted that a boundary line adjustment is not shown on the plans. Neighbors expressed concern that when the plans were approved in the fall, there had been an agreement on what would work for the adjacent neighborhood. As the building went up, they noticed something different happening. The trash was no longer to be collected inside and there was an additional unit at the end of the building. Mr. Farrell acknowledged that there had been an agreement that trash would be collected inside. This, he said, turned out not to be a good idea because of the need for trash collector trucks to have to back up and out of the garage. In addition, there would have had to have been ventilation provided in the garage. DEVELOPMENT REVIEW BOARD 6 JUNE 2006 Mr. Farrell noted that there had been concern by the neighbors about lights in the stairwell that faces the neighborhood. These have been eliminated. Mr. Farrell said he also agreed to build a second berm (he showed the location) for more buffering. The height of the berm and fence would have gone up to the second floor of the building. The neighbors agreed this was a bad idea, so it wasn't made a two-story space. Instead, the first floor was extended across which made space for an additional unit. Mr Dinklage noted that trash trucks will still have to back up when trash is collected on the site. Neighbors said they have 2 concerns: lights from the driveway and noise from collection of trash in the new location. They noted that after 30 hours of discussion, the building got 35 feet closer to them. They also felt there was no assurance the berm would be built. Mr. Belair said there will be no Certificate of Occupancy without it. Ms. Volinsky said they can hear the trash collecting from buildings that are further away than this one. She felt the trash should be closer to the people who chose to live in these units, not the adjacent neighborhood. Mr. Dinklage said there are noise regulations which require trash not be picked up in a residential neighborhood before 7 a.m. or after 7 p.m. He also felt the applicant could put in some soundproofing measures. Mr. Dinklage said the additional unit should not have been added without Board approval. Mr. Farrell admitted he violated the process by moving the trash location and adding the additional unit, but he felt he kept the "spirit" of the agreement with the neighbors and that the changes have no impact on them. Mr. Dinklage asked Mr. Farrell to work with the neighbors on soundproofing arrangements to mitigate sound from the dumpster collection process. Mr. Volinsky said another issue involved the deeding of the right-of-way and common lot to the building association. Neighbors want to be sure this isn't done until there is a written agreement that nothing be built on that land. Neighbors don't want a playground built there, and they are concerned this will happen because there is no place for kids in the development to play. Mr. Dinlage said the Board will ask for a use and maintenance plan for that open lot. This should include a stipulation that it can't be changed from what was approved. Mr. Belair said anything other than a berm and trees is not approved. Ms. Quimby moved to continue Final Plat Application #SD-06-35 of F & M Development until 18 July 2006. Mr. Kupferman seconded. Motion passed unanimously. -3- DEVELOPMENT REVIEW BOARD 6 JUNE 2006 5. Sketch Plan Application #SP-06-32 of the City of South Burlington to: 1) subdivide an 8.07 acre parcel developed with a correctional facility into two lots of 6.08 acres and 1.99 acres, and 2) construct a stormwater treatment pond on the 1.99 acre parcel, 7 Farrell Street: Mr. Schramm of Hoyle -Tanner reviewed the background of the request. He noted they are working on stormwater treatment and replacement of a culvert. The plan is to bring water that discharges into Potash Brook underground. The city wants to subdivide this state-owned parcel into a 6-acre and 2-acre piece. There will be a fence around the pond when it is built. Six paved parking spaces will be replaced with a vegetative piece to address erosion problems due to sheet runoff. No issues were raised. 6. Public Hearing: Final Plat Application #SD-06-36 of Magic hat Brewing Co. to amend a previously approved planned unit development consisting of three commercial and industrial buildings on two parcels totaling 6.73 acres. The amendment consists of allowing overhead utility lines in place of underground lines, 5 Bartlett Bay Road: Mr. Kipp said the price of undergrounding the power lines has tripled and would require digging up the parking lot. Mr. Dinklage noted that the regulations require undergrounding the utilities. Mr. Kipp said they can go overhead through the trees, then underground. He said this won't be visible. Mr. Belair said there are pros and cons, but he said the power lines wouldn't be visible from a public road. The concern is with setting a precedent. Mr. Beaudin, who lives in the area, expressed concern with trailers he has seen on this site with exposed kegs. He suggested getting as much landscaping as possible on the southeast corner. Mr. Dinklage asked if there is outside storage that wasn't approved. Mr. Belair said there is, but the expansion will take care of that. The approved plan shows no outside storage. Mr. Dinklage asked the applicant to consult with the City Arborist about landscaping. Mr. Behr asked if there were any other site constraints, other than cost, with regard to undergrounding utilities. The applicant said no. Mr. Behr said he has a problem going against the standards for just a cost issue. Mr. Bolton, Mr. Birmingham and Ms. Quimby felt what was proposed was OK since it is at the back of the property. Members asked the applicant to bring in a cost differential study. Ms. Quimby moved to continue Final Plat Application #SD-06-36 until 20 June. Mr. Bolton seconded. Motion passed unanimously. SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET I" l SOUTH BURLINGTON, VT 05403 CO (802)846-4lo6 PY July 20, 2006 Eric Farrell Farrell Real Estate PO Box 1335 Burlington, VT 05402-1335 Re: Farrell Street Dear Mr. Farrell: For your records, enclosed is a copy of the approved minutes from the June 6, 2006 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, W�\� W qk Betsy Mcl3onough Planning & Zoning Assistant Encl. _�7_A�k kQ DEVELOPMENT REVIEW BOARD 6 JUNE 2006 r 3. Consent Agenda: a. Site plan application #SP-06-29 of Goss Dodge, Inc., to amend a previously approved plan for a 36,085 sq. ft. auto sales, service and repair facility. The amendment consists of expanding the vehicle storage and display area by 14,000 sq. ft.,1485 Shelburne Rd. b. Design Review application #DR-06-05 of Wesco, Inc., to amend a master sign permit for the property located at 36 San Remo Drive in the Dorset Street/City Center Sign District. No issues were raised. Py Mr. Kupferman moved to approve the Consent Agenda as presented subject to the stipulations in the draft motion. Mr. Birmingham seconded. Motion passed unanimously with Ms. Quimby abstaining on the Wesco approval. Public Hearing: Final Plat Application #SD-06-35 of F & M Development Co., LLC, to amend a previously approved planned unit development consisting of: 1) 309 residential units in six buildings, 2) subdividing two parcels of 24,458 acres into eight lots, 3) a 73-unit multi -family dwelling, 4) a 4,430 sq. ft. expansion of an indoor recreation facility, 5) a 63-unit congregate care housing facility, and 6) an existing 16,000 sq. ft. television studio & office building. The amendment consists of: 1) increasing the number of units at 410 Farrell Street from 73 to 74 units, and 2) constructing a 12'x24' accessory structure, Farrell Street: Mr. Farrell showed the plan approved in the fall. He then showed where the trash will be collected and where a handicapped ramp has been moved to. The changes have resulted in the loss of 4 parking spaces, so the parking waiver is now 70 spaces or 7.6%. There are 925 parking spaces in the entire PUD. Ms. LaRose noted that Stipulation #3 in the decision motion should read: The Board grants a 70 space or 7.6% parking waiver. Mr. Belair noted that the plans were submitted only this evening and has not had a chance to review them. He noted that a boundary line adjustment is not shown on the plans. Neighbors expressed concern that when the plans were approved in the fall, there had been an agreement on what would work for the adjacent neighborhood. As the building went up, they noticed something different happening. The trash was no longer to be collected inside and there was an additional unit at the end of the building. Mr. Farrell acknowledged that there had been an agreement that trash would be collected inside. This, he said, turned out not to be a good idea because of the need for trash collector trucks to have to back up and out of the garage. In addition, there would have had to have been ventilation provided in the garage. -2- DEVELOPMENT REVIEW BOARD 6 JUNE 2006 Mr. Farrell noted that there had been concern by the neighbors about lights in the stairwell that faces the neighborhood. These have been eliminated. Mr. Farrell said he also agreed to build a second berm (he showed the location) for more buffering. The height of the berm and fence would have gone up to the second floor of the building. The neighbors agreed this was a bad idea, so it wasn't made a two-story space. Instead, the first floor was extended across which made space for an additional unit. Mr Dinklage noted that trash trucks will still have to back up when trash is collected on the site. Neighbors said they have 2 concerns: lights from the driveway and noise from collection of trash in the new location. They noted that after 30 hours of discussion, the building got 35 feet closer to them. They also felt there was no assurance the berm would be built. Mr. Belair said there will be no Certificate of Occupancy without it. Ms. Volinsky said they can hear the trash collecting from buildings that are further away than this one. She felt the trash should be closer to the people who chose to live in these units, not the adjacent neighborhood. Mr. Dinklage said there are noise regulations which require trash not be picked up in a residential neighborhood before 7 a.m. or after 7 p.m. He also felt the applicant could put in some soundproofing measures. Mr. Dinklage said the additional unit should not have been added without Board approval. Mr. Farrell admitted he violated the process by moving the trash location and adding the additional unit, but he felt he kept the "spirit" of the agreement with the neighbors and that the changes have no impact on them. Mr. Dinklage asked Mr. Farrell to work with the neighbors on soundproofing arrangements to mitigate sound from the dumpster collection process. Mr. Volinsky said another issue involved the deeding of the right-of-way and common lot to the building association. Neighbors want to be sure this isn't done until there is a written agreement that nothing be built on that land. Neighbors don't want a playground built there, and they are concerned this will happen because there is no place for kids in the development to play. Mr. Dinlage said the Board will ask for a use and maintenance plan for that open lot. This should include a stipulation that it can't be changed from what was approved. Mr. Belair said anything other than a berm and trees is not approved. Ms. Quimby moved to continue Final Plat Application #SD-06-35 of F & M Development until 18 July 2006. Mr. Kupferman seconded. Motion passed unanimously. -3- F&M DEVELOPMENT COMPANY, LLC P.O. Box 1335, Burlington, VT 05402 802-658-7400 fax 802-860-3594 14G,��MILA* 3 Memo To: Ray Belair, Administrative Officer From: Eric Farrell Date: June 30, 2006 Re: Eastwood Commons II, 410 Farrell Street FAX 846-4101 Please postpone our appearance before the DRB (currently scheduled for July 18th) until the August lst meeting to provide us with the additional time we need to assemble presentation materials and consult with our neighbors. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 26, 2006 Eric Farrell F & M Development PO Box 1335 Burlington, VT 05401-1335 Re: Farrell Street Dear Mr. Farrell: 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, August 1, 2006 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, -�J Betsy McDon ugh Planning & Zoning Assistant Encl. F&M DEVELOPMENT COMPANY, LLC P.O. Box 1335, Burlington, VT 05402 802-658-7400 fax 802-860-3594 July 28, 2006 John Dinklage Chair, Development Review Board South Burlington Planning & Zoning 575 Dorset Street South Burlington, VT 05403 and Ray Belair Administrative Officer South Burlington Planning & Zoning 575 Dorset Street South Burlington, VT 05403 Re: Eastwood Commons II - 410 Farrell Street Gentlemen: I am writing to apologize for not being timely with our request to modify the interior layout of the building to accommodate one additional dwelling unit. The modifications do not change the footprint of the building, as approved, but do require the addition of seven windows on the ground floor - north wing. I hope you will agree that since the beginning of this project in 2001, we have endeavored to gain your trust by being thorough in our submissions and meticulous in our execution of the work. Throughout the process, we have sought to engage the adjacent residential neighborhood and attempted to mitigate the impact of our development with additional landscape buffers, increased setbacks and cash contributions to a neighborhood improvement fund. At its June 6th meeting, the DRB and the neighbors rightfully scolded us for getting ahead of ourselves on the construction of the 74th unit, however, I believe the ensuing discussion about screening the trash/recycle shed building went too far. Not surprisingly, many of our neighbors are not supportive of the type and density of the housing we are developing along Farrell Street. We take no offense to that. As inappropriate as some of the neighbors may feel this type of housing is, they fail to recognize that the people who live here (including myself) appreciate and enjoy the opportunity to own or rent new housing in a very convenient location in the city. When we return on August 1st, it seems the discussion will be focused on the trash/recycle shed and how to mitigate the noise impacts associated with periodic collection. Unlike single-family neighborhoods, trash/recycle collection in urban, mixed -use developments is often centralized in enclosed deposit centers. The clanging of metal against metal and back-up warning signals resulting from trash collection are a necessary part of the process. While it may be reasonable to limit the hours of collection, it is not a reasonable standard (nor an established "community standard") that such infrequesnt noises not be heard from nearby properties. We have taken the extra steps to design a collection facility that is protected from the elements and sufficient in size to contain overflow refuse. The plan we presented and you approved last fall was the result of several meetings with immediate neighbors. Our primary modifications then were the relocation of the trash/recycle building from its planned location near Twin Oaks; removal of north - facing windows from the stairwells and hallways; and the re -orientation of the garage entrance to face west, preventing light pollution towards the neighborhood. There were no issues with windows that served individual units. Contrary to the opinions expressed at the June 6th meeting by a few neighbors, the modifications we presented that night, and ask you to approve on August 1st, do not represent a violation of the spirit of our agreement with our neighbors. Respectfully submitted, Eric Farrell 0 Page 2 OME I VE. W D 0 it -I a �F G N/F us J. and B. SNYDER V VOL 216 PG. 491 to N04'31 O 4.97' N 58511 10' unLITY 49.99' EASEMENT TO OMP - REBAR SB5'11'S2"E ZONE: RESIDENTIAL 4 f09.92 ZONE: COMMTffdIAL 1 BACON ST. t0.241 ACRES N/F N/F N/F N/F L k L BROOKS N/F M. 8 P. I I VOL 88 PG. 404 B. BARNEY HENNESSEY I J. KANAN VOL. 367 PC. 5 N/F I M. d: J.WARREN I O VOL Mt PG BB4 N/F ZI IF. ! J. KOCHMAN A. BOIICHE IVOL 393 PG. 3961 M. STACKMAN I L P. BROOKS 44 VOL 219 P0.10 a < 3/e"REBABI VOL. 39 P0. 18 VOL. IK PC. J28 L-I88571'11"F 1ZONE: RESIDENTIAL 4 477.44' ZONE: COMMERZIIAAL - 10' UTILITY EASEMENT F S W N/F Z�N a p1 1 4O'xSB' TELECOMMUNICATION PROPOSED 1 SITE, UTILITY EASEMENT TO VERIZON LJ 3 W. WOLFE Inl VOL 32B z PG. 551 PI 40' g="-"'1 z --_ TO VERIZON LOT 10 E)OS11N0 PROPERTY LINE s E 0.833 ACRES _ _see ss lD"E W• F______________________ • _ _____ 1ST----I r-------------- NIe PROPOSED PROPERTY LINES Q N 110' UTILITY EASEMENTr ale I ADJUSTMENT, 0.042 AC. \ �- TO VERIZON -3116" REBAR o V1 i FRON LOT 1 TO LOT 9 4 V. 602 P. 775 ses11'sz^ 71� I PROPOSED 20 FOOT WIDE RECREATION I I ❑❑❑L PATH EASEMENT e TO CITY OF SOUTH BURLINGTON N/F r xoue 6 k K. JOHNSON �VOL N/F E Rm01N0TON NIP I I A BAROWCK ( N/F I N. OSBORNE 415 PC. 849 N/F VOL 146 PG. 52 N/F VOL 117 P0. 175 N/F VOL 410 PG. 602 j s In IN N. e; A. MEARILL IVOL G. and L. BOLENDER I I 0. LINK VOL 4,57 PG. 425 I sea an pww ea 455 PG. 113 ZONE: 4- IVOL 392 PG �BSy1)) w� 1351 li -RESIDENTIAL ZONE: COMMERCIAL 2 - - - _ 533.38, - - a BURLINGTON INDOOR TENNIS CENTER, INC. LOT 8 VOL. 260, PG. 112 VOL 197 PG 63 NEI -�3(_B_g€e1Rau LOT IZE=4.155 ACRES l l I _ EX 0.073SAC. TO LOT 9 ----------_4;/- - 10-MOt Y-ADE IX 20 FOOT WIDE 9: - ---_ �-1------1i___I __ NEW LOT SIZE=4.082 ACRES NBS11'12"W N85'11'52"W 110' UTLI 7 UTILITY EASEMENT SEWER EASEMENT REBAR 139.83' 70,02' EASEM TO VERIZONI TO GREEN MOUNTAIN POWER VOL 280 PG. 112 3/B" REBAR V 8 P. 5 I VOL 109 PG. 364 I TIII wEASEMENT FOR NiN NO3'S3'16"E UTILITY LINES V 49.99' VOL VOL 50 PG. 481FL VIJY T� CHAMPWN OIL CO.. INC. D N/F m LOT 1 VOL 120 PGS. 1-3 IA. Is R. REYES VOL 120 PC. 31 EX. LOT SIZE _ NO3'59'52"E S85,08'09" f3.206 ACRES 25,00' PKE 70.03' -0.042 ACRES= I 58511'52"E t3.164 ACRES I P.K. NAIL _ _ ------ 139.57' 174�'N_r�'_. I I 181.54' 50 FOOT WIDE W/F THOMAS FAMILY TRUST, ET ALI ACCESS EASEMENT I z 1 �' 0.423 ACRES TO CHAMPWN OIL CO., INC. I- w Qi o • o I I VOL 128 PGS. 1-3 I�IN _I. r N 37.6?Im WL. J18 PGS 8J dr 85 S1m 14E PLAN VOL. 49 PG. 29 Ni�y4' i Im ---------------- 111'27' WH \ ` 4.80' Shy - - 232.55' - - S w0 , N8555'10"W ?>. � N69'04'39"W LOT 7 AB9�4' Be.92' :OMMON LAN D."w R-tso' s lrJ4 t0.160 ACRES Z1� _ 585'S5'10"E -5 __ _N85'55'10"W IRON PIPE 218.36' 283.46 L� i N/F HEATHCOTE ASSOCIATES, LP VOL. 211, PG. 56 VOL. 217, PG. 1 I I 1 I �Y9• S'9`r J" 3/8" R£BAR 50' E OPEN I _ 1 r _____________ r----------------- I I (o (N I I PROPOSED N 2180 AC. N al'n 1 TENNIS COURTS j I ! I +0.042 AC. I j I ; -2.222 AC. I I I I I L------------------j PROPOSED "4• UNGT I I I i BURLINGTON INDOOR LOT 11 '1" I I TENNIS CENTER, INC. 1.292 AC. s?" , N1718.54"W 41.59' Y m PROPOSED 20 FOOT 'WIDE \ V U RECREATION PATH EASEMENT \ \ it W Cr I TO CITY OF SOUTH BURLINGTON I N2'4 73'2O"W g I !b •j! i 99.24' OIO I •'n m II R=228.5' U:U Iz r�5 Z ! 180158' NIN 557. 81' SB5'5 s'10"E NB5'55'10"W-�` a FARRELL STREET �- 1/2" REBAR NBS'55'10"W N85'S5'10"W J 157.07' P LOT 6 a I ! COMMON LAND ros\f" ! t0.392 ACRES Bo - - NB5_54'i6"W \ 298.39' N73'22'401W R.0.W. THROUGH 73.18' :11I ! LOT 8 IN FAVOR 8 R=168.5' '5416 E 1 1 I LOT 3, LOT 4 h LOT 5 =7 77• 6se' I l l l i SEE REF. PLAT A N62' 1.45"W III I 16.37r I I R-2 .5' II - 7 �wii i "65 FARRELL ST." LOT 3 yr� r•' - I t4.449 ACRES R.O.W. THROUGH LOT 3 IN FAVOR OF i 27.96' 1 LOT 4 ✓r LOT 5 24' l 5B5011111"E _ _ PROPOSED 15 F00T WIDE 444.69' - SIDEWALK EASEMENT TO DEVELOPMENT ASSOCIAMON "EASTWOOD COMMONS" N14'S3'22" LOT 2 3:.92' LOT SIZE = t2.203 ACRES R1402.s "1E ____________ B D316.44' 26' \SEMN N04'05'44"E 6.28' R.O.W. ROUGH of:D: -jr-5' SIDEWALK EASEMENT LOT 4 1 FAVOR OF LOT 3 LOT 5 TO LOT 5THROUGH LOTS 3 k 4 0) I)"CITYS EDGE- OT 4 t1.601 ACRES ELECTRICAL REF. PLAT 8 I1IIII78jIIIIIIIiIIIII1IIi 5E\' S _ , _ . � \�H � W ' 1 ' 5w=86/34� 62.29' S3'24E74 -R1R4 93' 159.03' NEW FARRELL STREET R.O.W. N85.55'10"W 159.03, N75'24'14"W 8450' S' SIDEWALK EASEMENT TO LOT 5 1655'1 "E 180.30' ioN viNa LOT 5 COMMON LAND'' f1.786 AC CSEMENT L LL LOCATION MAP I S(;ALb: 1- - 2000 feet NOTES 1. The purpose of this plan Is to depict revised final boundaries of the O'Dell Parkway PUD. Reference is made to Reference Plans A and B. This revision depicts the division of Lot 9, Lot 10 and Lot 11 from Lot 1. This revision further depicts the adjustment of 0.073 acres from Lot 8 to Lot 9. 2. The boundary survey was performed with an electronic total station and a steel tape. 3. Bearings are referenced to astronomic north based on existing monumentatlon recovered along the easterly sideline of Farrell Street and solar observations taken October 20, 1999 and December 21. 1994. 4. Farrell Street has a 60 foot wide right of way. Reference Volume 211, Pages 237-238. The right of way was determined from existing monumentatlon and the plans entitled "Farrell Street" 9 Y 9 e e dated December 6, 1962, Sheets 2-8, recorded In Volume 197, Pages 85-89. 5. Shelburne Road has a 99 foot wide right of way determined by existing monumentatlon and the traveled portion of the road. Reference Town of Burlington Volume 2, Page 749. S. Hadley Road has a 50 foot wide right of way determined by existing monumentatlon and the traveled portion of the road. Reference Volume 11, Page 19 and Volume it, Page 230. 7. Municipal water service, storm sewer, eanitary sewer, telephone, electric and gas service. are available at the lot lines of this parcel from the point of origin through public right of ways or recorded easements. B. Not within the scope of the survey, there has not been undertaken any investigation whatsoever with respect to whether the property and each component there of Is In compliance with local or State permit.. 9. These properties Ile within the Commerclal 1 and 2, Conservation and Open Space Zoning District. and Residential 4 Zoning District (50 strip of land to Hadley Road). 10. Existing 1" Iron pipes were found disturbed by snow plowing and mowing. They are to be repiaaed by 5/8" rebars to be set. 11. There Is an easement to extend and maintain hlghway elopes and embankments in this area. Reference Volume 194, pages 199-201 and State of Vermont Highway Project Burlington M(5000)1, Sheet 41. 12. The Thomas Trust parcel is benefited by easements for Ingress and egress, parking, utilities, building canopies and maintenance. Reference Volume 50 page 481 and a map entitled Plan and Land Easements, 518 Shelburne Street, South Burlington, Vermont, Thomas A. Farrell, Owner". dated October 24, 1959 recorded In Volume 49 page 29. 13, This portion of Bacon Street will be subject to an Irrevocable offer of dedication to the City of South Burlington. PLAN REFERENCES A. "FINAL PLAT - O'DELL PARKWAY PUD" prepared by Civil Englneering Associate., Inc. dated July 2000, last revised 9/19/2002. Recorded South Burlington Land Records. B. "Boundary Adjustment Between Lot 1 and Lot 2 - O'Dell Parkway PUD", prepared by Civil Engineering Associates, Inc., dated 4/23/2004. Recorded In South Burlington Land Records. C. "Plat of Survey - Seaway Shopping Center Corporation and Thomas A. Farrell", prepared by John Marsh, doted 6/4/81, last revised 10/22/81. Reference Volume 173, page 73. D. "Factory Outlet Center - Site Survey Shelburne Road", prepared by F. C. Koerner, dated August 1982. Reference Volume 173, page 51, E "Touchdown Properties - Plan of Land to be acquired from Gordenway Incorporated", prepared by F. _ Koerner, dated November 1985. Reference Volume 200. page 18. F. "Lands of Heathcote Associate. - Property Plat", prepared by Lamoureux, Stone, and O'Leary, dated 6/2/95. Reference Volume 365, page 112, G. "State of Vermont Highway Project Burlington M(5000)1" plane dated 12/13/52, filed In the City of South Burlington Land Records. LEGEND - - PROPERTY LINE ----- TIE LINE ------------------- EASEMENT .. RIGHT OF WAY -- - - - - ZONING DISTRICT LINE -x *-x- FENCE O IRON PIPE/REBAR FOUND ❑ MONUMENT FOUND El MONUMENT TO BE SET 9AR GRAPHIC SCALE 0 5/8" REBAR W/ SURVEY MARKER w TO BE SET eo CALCULATED POINT ( IN FEET ) "0., POWER POLE t inch - tL Nim I i RBR E ' 0 1 E 0 / BR ( / I SO4'07'17"W - '- zsz' - ATION N8724'35"W DISTRICT 17 58' • ��'. P l? ZI - -,� E I i ME�C1 r OP__E' A, r I j .10 (`,OM �,, QN �_ E JK'A E. ..r. gig 66 y0N'CONSEn�P ----` ""w '� r. I . �' ONE"'---'E 20' WATER dr the bee 1 pL I N78-40'40"E / �� _ _ -^ _--- y�� 1ArON. GAS EASEMEpi the beat of my knowledge k belief this - '-- W /^ plot properly depicts the results of a survey conducted under my supervision as outlined 1n . L..t'16' 9" the notes above, based on our analysis of records &physical evidence found. Existing } ___--E _,--� aD1.0 STATE' OF VERMONT HIGHWAY PROJECT boundaries shown are in substantial 1 -"--�' BURLINGTON PROJECT M(5000)1 RAMP C conformance with the record. '45'35'E Cj VOL. 48, PGS. 429-431 ' UON 4.63' TE 18 VOL. 48. PGS, 467-478 Timothy R. Cowan VT. L.S. 597 5-11-OB TRC AO�A157ED PROPERTY NNE SEMEN LOT i e 9 0-h05 TRC ADD LOT 11 - REVISE AREAS -30-a5 TRC REWSE s CORRECT NOTES 25-05 TRC REVISED LOCATION OF VERGDN EASEMENT Date Ch'k'd Revision Drawn by Checked by TRC Approved by TRC Date DUNE 20. 2005 Scale 1" = 60' Project No. 99101 REVISED FINAL PLAT O'DELL PARKWAY PUD SHEET 1 W Z (Y m J W I W HOME I AVE. -1 r I- D 0 N ------------------------------------------- - - - - - - - - - - - - -- - - - - - - ----- - - - - -' rr-: - ,. -_ -_ MON� .-•'fl' IRON PIN -la F z O N/F zw J. and B. SNYDER V rc VOL. 2181 PG. 411 w�• N04'31 O49 �N 585'11 10' UTILITY 49.99' EASEMENT TO GMP- REBAR se511'S2"E ZONE: RESIDENTIAL 4 -20r92 ZONE: CORMERBT1-1- BACON ST. t0.241 ACRES 118511'12"W N85'11'52"W REBAR 139,83' 70.02' 1 5/8- REBAR 1 1 i N/F N/F N/F N/F n L. & L BROOKS I N/F I M. & P. M. & J.WARREN N/F$I N/F IVOL 88 PC. 404 B. BARNEY NENNESSEY VOL 461 PG. 694 A. BOUCHE J. KAHAN VOH 307 PG. 53 N/F IF. & J. KCCHMAN VOL. 393 PC. 3951 M. STACKMAN I PG L. P. BROOKS 32 VOL 219 PG. 44 II VOL 39 18 VOL >D PG. 326 10' j - L - �e5 1'11'E 1ZONE: RESIDENTIAL 4 5/B' REBAF @I 477,44' ZONE: COMMERCIAL a F 40'x65' TELECOMMUNICATION IV UTILITY EASEMENT N/F q1n SITE, UTILITY EASEMENT PROPOSED 70 VERIZON 2 .W LFE $ 4O TO VERIZON LOT 10 PG. 351 = ___ S E _ 0.833 ACRES 5ggg2' 4:E qlu 1 10' UTILITYEASE ENT ' 5/B' REBAA ', i 583'11'S211 - _J NB 510 70.00'� ____________ 5/B_REBAl--_-_ -=_= _______ ------------- 'E____ fcFT ADE LLEX. 20 FOOT WOE 10' UTILI I- UTILITY EASEMENT SEWER EASEMENT EASEM TO VERIZONI TO GREEN MOUNTAIN POWER VOL 260 PG. 112 d V. 8 P. 5 I VOL 109 PG. 364 1 1 .i4a" I 9/%' I� EASEMENT FOR LINS 309316 EVOLn 50Y PGE481 CHAMPWN OIL CO., INC. J N/F LOT 1V VOL 126 PCS. 1-3 A. & R. REYES VOL. 120 PG. 31 EX. LOT SIZE _ NO3'5952E S85-OB'09'E f4.498 ACRES 1 25.00' SPIKE 70.03 NEW LOT SIZE = I S85'11'52"E t3.164 ACRES I �139.57' P.K. NaEL r N 617'42"W- I"rLlie _________- 181.54' I so FOOT WIDE IN/F THOMAS FAMILY TRUST, ET ALI ACCESS EASEMENT TO CHAMPLAIN OIL CO., INC. i� 0.423 ACRES z u VOL 126 PGS. 1-3 �s IN 41N 147L. 318 PGS 83 & 85 $ I� F PLAN VOL. 49 PG. P9 m 1 -5 6 742" - I u______________tRl._ 4 _____________ ___, NO-1 - W 'VS �y, 232.35' 44.80' S? 40�, w d�. LOT 7 N6gDa, -- N89'04'39"W B6.92' -- NBS'SS 10"W _COMMON LAND rag"w 1 R-150' E f0.160 ACRESfj fo Zs' _585-5510"E 5�-��_ i'IRON PIPE 218.36' 6 N85'S5'10"W 283.48f 1TT I I I I S yy. 9s' " 5/8" REBAR N/F HEATHCOTE ASSOCIATES, LP VOL. 211, PG. 56 VOL. 217, PG. 1 ---------- T --------- ; - ;-------- i i I 5'S5'10°E Sic, i8 1 I j 3.Do' 5 z N PROPOSED LOT 9 2.149 AC. +0.073 AC. I I I I I T,I =2.222 AC. I PROPOSED LOT 11 14 1.2 92 AC. IN PROPOSED 20 FOOT W1DE- RECREATION PATH EASEMENT \ To CITY OF SOUTH BURLINGTON I I 9 DRAINAGE V R.O.W. TO JRUNGTON II :NNIS CENTE N1718'54"W 41.59, R=57.0' L=42.57' N73'22'4C 99.24' _ 244.67' I 80 S85'55'10"E N85-55r10" FARRELL STREET r- PROPOSED 20 FOOT WIDE RECREATION PATH EASEMENT ? TO CITY OF SOUTH BURLINGTON N/F p{ N/F p5 i'i & K. JOHNSON IL 415 PC. 649 I E. REDDINGTON A. BAROMCK I N. OSBORNE Z r� d N/F VOL 145 PG. 52 N/F VOL. 117 PG. 173 VOL 410 PG. 6021d IN. & A. MERRILL I M and L BOLENDER I G Nu I~ VOL 455 PC 113 VOL 457 PO 425 IVOL 392 PG. 1351 i ZONE:_RESI ENTIAL 4_ LN8511"1"WW ZONE: COMMERCIAL 2 533.38' 17 BURLINGTON INDOOR TENNIS CENTER, INC. %yEXISTING PROPERTY LIE PROPOSED PRO LOT 8 ERTY LINE VOL. 260, PG. 112 VOL. 197, PG. 63 4 EX. LOT SIZE=4.155 ACRES PROPOSED k (0.073 AC. TO LOT 9) JU`"NT NEW LOT SIZE=4.082 ACRES a 0.073 AC. FROM tLOT 8 TO LOT 9 I - - - - - - - - - - - - - - - - - - , I I Im 1 1 IN I I I TENNIS COURTS I I I I I I I I I I 11------------------ J N J IJ aQ U U = Of w.w m m OIO U:U Laj I Z OWZ .O IN J 58511-11-E PROPOSED 15 FOOT WADE 444.89' SIDEWALK EASEMENT TO DEVELOPMENT ASSOCIATION "EASTWOOD COMMONS" N14.53'22E LOT 2 37.92' LOT SIZE - t2.203 ACRES R-i402.69 REF. PLAT B 58.86' 573'22'40"E R-153.5' 74.48' R-171.5 1 --5855510 E- I j ! COMMON LAND �� 159.03' - ct0.392 ACRES fop' O 1 "w 1D NEW FARRELL STREET N85'54'16"W R.O.W. 298.39' N73'22'40"W _ _N85'55'10"W_ _ I R.O.W. THROUGH 73.18 159.03' LOT 6 IN FAVOR OF R=168.5' I LOT 3, LOT 4 1, LOT 5 I N7524'14W �Hyd S85*5416 E III I 84.50' A; 38.58' SEE REF. PLAT A N62-51'45"W j i R-231.5' III I 16.37' II I R-231.5' I L=16. II I i II N ! "65 FARRELL ST." II ' ! LOT 3 i +4.449 ACRES R.O.W. THROUGH I FIG15-1LOT 3IN FAVOR OF2LOT 4 &LOT 5 I I III j II 5' SIDEWALK EASEMENT II I jI TO LOT 5 i _�i_,-.-....... S85'55'10E IN 80.30 r____________ � - - S85'S5'10°E I _ e z' 316.44' - - - 26' ( a� N 404'0S'44"E Q:Q 6.26' 1 /11 R.O.W. THROl1GH / � I Wo LOT 4 IN FAVOR OF 4, 5' SIDEWALK EASEMENT LOT 3 & LOT 5 n �r 1 9 W w THROUGH LOTS 3& 4 < 10 q:5 I To LOT 5 � 9' LOT 5 \ � I # 2'.o )�"CITYS EDGE" ! COMMON LAND'' = _ �" / LOT 4 . f 1.786 ACRES , t1.601 ACRES /' ELECTRICAL EASEMENT MMER311 & OPE -SP CE � j1ye I l4 e+5g6 ZONE�C�SERVA�ON rf •• E. CON - �' w awl n- I ��-x•s' ZON _-_'- E--__-'-� 20' WATER & NATURAL N78-40'40"E / MON. GAS EASEMENT the best of my knowledge & belief this �_�-'' --' _ ---" �� '-� 'N plat properly depicts the results of a survey QI� �! up I 53.60' •• _ _ -'--' x/"� In above, „E thaconducted under notes above, basedponviouon as r analo ieli of _"- 501252/°W - -I iI'-I -" o-W eysical evidence found. Existing -ter STATE OF VERMONT HIGHWAY PROJECT ,cords & Ph 'E - boundaries shown are in substantial ,-- - BURLINGTON PROJECT M(5000)1 RAMP C conformance with the record 50' CONSERVATION N8T24'35"W E -" I & CPEN SPACE DISTRICT 17.58' '45'3 .E 9 VOL. 48. PGS. 429-431 18 -ZE "W - ON.4.63' VOL. 48, PGS. 467-478 Timothy R. Cowan VT. L.S. 597 I!1 �LALC: I - LUUV Teel NOTES 1. The purpose of this plan Is to depict revised final boundaries of the O'Dell Parkway PUD. Reference is made to Reference Plans A and B. This revl.lon depicts the division of Lot 9, Lot 10 and Lot 11 from Lot 1. This revision further depicts the adjustment of 0.073 acres from Lot 8 to Lot 9. 2. The boundary survey was performed with an electronic total station and a steel tape. 3. Bearings are referenced to astronomic north based on existing monumentatlon recovered along the easterly sideline of Farrell Street and solar observations taken October 20. 1999 and December 21, 1994. 4. Farrell Street has a 80 foot wide right of way. Reference Volume 211, Pages 237-238. The right of way was determined from existing monumentatian and the plane entitled °Farrell Street" dated December 6, 1982, Sheets 2-6, recorded in Volume 197, Pages 85-89. 5. Shelburne Road has a 99 foot wide right of way determined by existing monumentation and the traveled portion of the road. Reference Town of Burlington Volume 2, Page 749. 6. Hadley Road has a 50 foot wide right of way determined by existing monumentatlon and the traveled portion of the road. Reference Volume it, Page 19 and Volume 11, Page 23G. 7. Municipal water service, storm sewer, sanitary sewer, telephone, electric and gas services are available at the lot lines of this parcel from the point of origin through public right of ways or recorded easements. 8. Not within the scope of the survey, there has not been undertaken any Investigation whatsoever with respect to whether the property and each component there of is in compliance with local or State Permit.. 9. These proVertles Ile within the Commercial 1 and 2, Conservation and Open Space Zoning Districts and Residential 4 2aning District (50 strip of land to Hadley Road). 10. Existing 1" Iron pipes were found disturbed by snow plowing and mowing. They are to be replaced by 5/8" rebore to be set. 11. There Is an easement to extend and maintain highway slopes and embankments In this area. Reference Volume 194, pages 199-201 and State of Vermont Highway Project Burlington M(5000)1, Sheet 41. 12. The Thomas Trust parcel is benefited by easements for Ingress and egress, parking, utilities, building canopies and maintenance. Reference Volume 50 page 481 and a map entitled 'Plan and Land Easements, 518 Shelburne Street, South Burlington, Vermont, Thomas A. Farrell, Owner", dated October 24, 1959 recorded in Volume 49 page 29. 13. This portion of Bacon Street will be subject to an Irrevocable offer of dedication to the City of South Burlington. PLAN REFERENCES A. "FINAL PLAT - O'DELL PARKWAY PUD" , prepared by Civil Engineering Associates, Inc. dated July 2000, last revised 9/19/2002. Recorded South Burlington Land Records. B. "Boundary Adjustment Between Lot 1 and Lot 2 - O'Dell Parkway PUD", prepared by Civil Engineering Associates, Inc., dated 4/23/2004. Recorded In South Burlington Land Record.. C. "Plat of Survey - Seaway Shopping Center Comoratlon and Thomas A. Farrell% prepared by John Marsh, dated 6/4/81, last revised 10/22/81. Reference Volume 173, page 73. D. "Factory Outlet Center - Site Survey Shelburne Road", prepared by F. C. Koerner, dated August 1982. Reference Volume 173, page 51. E. "Touchdown Properties - Plan of Land to be acquired from Gardenway Incorporated", prepared by F. C. Koerner, dated November 1985. Reference Volume 200, page 18. F. "Lands of Heathcote Associates - Property Plat% prepared by Lamoureux, Stone, and O'Leary, dated 8/2/95. Reference Volume 365, page 112. G. "State of Vermont Highway Project Burlington M(5000)1" plans dated 12/13/82, filed in the City of South Burlington Land Records. LEGEND - - PROPERTY LINE - - - - - - - - - - - - - - TIE LINE _________________________ EASEMENT -- - - - - - - - -- - RIGHT OF WAY -••-••-"-"-"- ZONING DISTRICT LINE -x-z x-x- FENCE 0 IRON PIPE/REBAR FOUND ❑ MONUMENT FOUND 0 MONUMENT TO BE SET BAR GRAPHIC SCALE 0 5/8" REBAR W/ SURVEY MARKER TO BE SET • CALCULATED POINT (IN FEET) v, POWER POLE I Each - ft. 5-11-09 ICAOJU5IED PROPERTY LINE BETWEEN LOT 1 & 9 o-N GE TIc ono LOT 11 - REVISE AREAS -30-05TIC IRSASE & CORRECT NOTES -PS-OS TIC REM- LOCATION OF VERIZON EASEMENT Drawn by ACL Date JUNE 20, 2005 Checked by TRC SGale 1" - 60, Approved by -MC Project No. 99101 REVISED FINAL PLAT O'DELL PARKWAY PUD SHEET O r)JN I, h CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 2, 2006 Eric Farrell F&M Development PO Box 1335 Burlington, VT 05402-1335 Re: Farrell Street Dear Mr. Farrell: 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, June 6, 2006 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 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 To: South Burlington Development Review B d From: Cathyann LaRose, Associate Planner Date: June 1, 2006 Re: Agenda #4, #SD-06-35, F&M Development Co. LLC F��EcoPr Final plat application #SD-06-35 of F & M Development Co, LLC to amend a previously approved planned unit development consisting of: 1) 309 residential units in six (6) buildings, 2) subdividing two (2) parcels of 24.458 acres into eight lots, 3) a 73 unit multi -family dwelling, 4) a 4,430 sq. ft. expansion of an indoor recreation facility, 5) a 63 unit congregate care housing facility, and 6) an existing 16,000 sq. ft. television studio & office building. The amendment consists of: 1) increasing the number of units at 410 Farrell Street from 73 units to 74 units, and 2) constructing a 12' x 24' accessory structure, Farrell Street. Increase in units: The maximum density allowed in the subject PUD is 457 Units (includes affordability bonus which has been met). The proposed project will increase the number of units built from 388 units to a total of 389 units. Sixty-eight (69) units of density remain. The additional unit proposed does not change coverages, setbacks, or building elevation. Based on the Land Development Regulations, the overall PUD will require 994 parking spaces. The applicant has provided and/or is proposing to provide 824 parking spaces (per F&M Development memo dated July 13, 2005). This shortfall is 170 spaces, or 17.1 %. 1. The Development Review Board should grant the applicant a 170-space, or 17.1 % parking waiver. Staff finds no issues with the increase in the number of units. Constructin_q a 12' x 24' accessory structure The proposed accessory structure is proposed to be located on the northern property line of Lot 9. The structure is to be used as an enclosed trash storage shed. The proposed structure meets all of the requirements of Section 3.10(A) of the SBLDR. Staff finds no issues with this structure. F F&M DEVELOPMENT COMPANY, LLC P.O. Box 1335, Burlington, VT 05402 802-658-7400 fax 802-860-3594 Memo To: Ray Belair From: Eric Farrell Date: June 6, 2006 Re: O'Dell Parkway PUD - Final Subdivision Plat We met with a few of our neighbors on Hadley Road and agreed to the following: • Relocate the Garbage Shed to the west away from the future Recreation Path route between the two landscape Berms • Covenant against development of the 50 foot wide strip of land that extends through to Hadley Road The following revised Drawings are provided: • Site Plan (drawing C-2A, last revised 6/5/06) • Overall Site Plan (drawing C-3A, last revised 6/5/06) • Grading + Drainage Plan (drawing C-4A, last revised 6/5/06) • Utilities Plan (drawing C-5A, last revised 6/5/06) • Erosion Control Plan (drawing C-6A, last revised 6/5/06) • Landscape Plan (Sheet N2.1, last revised 6/5/06) • Parking Summary (revised again) Parking Summary The Parking Summary reflects an increase of two required spaces and a decrease of two provided spaces, resulting in an increase in the amount of parking waiver requested from 66 spaces (7.2%) to 70 spaces (7.6%). Enclosures 1 REVISED FOR EASTWOOD COMMONS II 6/6/2006 O'Dell Parkway PUD Farrell Street South Burlington, Vermont Parking Summary Lot Parking Number Required Parking Parking Parking Provided Waiver Waiver Amount Percentage Per Existing Final Plat Approval (#50-05-73) Entire PUD 923 857 66 7.2% Proposed Changes No Use Changes 1 No Use Changes 1 No Use Changes 1 No Use Changes 1 No Use Changes 2 No Use Changes 3 No Use Changes 4 Common Land 5 Common Land 6 Common Land 7 No Use Changes 8 Add One Residential Unit 9 2 (2) Common Land 10 No Use Changes 11 No Use Changes 11 - - Revised Parking Totals (Per Today's Request) 925 855 70 7.676 I GENERAL NOTES: 1. (Addino; shown do net pooped to c.... flat. o, i,psaa.l all Wiflies Ia lad cram ..alpment Ira the som"od pwroo s. Existing utility Iocdiam are aplx mm:de Dory. The Condor 'hall field verity all i0h, coel0uts. AV discrepancies shall be reported to the F nipnear. The Cantracw, shall contact Dig Safe (888344 7233) liner to arty cwrdna:le.. 2. All existing otilibea net incorporated into the bnnl dnsign shall to removed or abandoned as uslo aced on rho plane nr dmmld by the Enginuar. 3. The Contractor shall maintain as-buifl plans (with bm) for oil undercpoad tdi96m. rhrae plans shall bit suWmtld to Ire own., al the c n*tio„ of the pmjoct. 4. rho Conlmdor shall reloselmeme all disturbed uoom (no or o8 the alto) as a din. 1 es mdimct rmupl nl the c fir lion. 5. All grassed areas ,half be mainlainM until lull ,e eabon a estahishd. 6. Maintain ell I,em mWeida of coratmclion It.". 7. The Contractor shall be responsible for all wink nw say for wmplolo anal opemfde IadbYes ad ubkties. 0. If the building is to be spimkierd, beckflme I ---risen shell be prieklnd m oc,:, I— wdh AVVWA M14. Thai Site Contractor shall eomtwlcl the water inn fo h m feel above the finished Moor. Sea mechanical pim,n in, nasedefeat e. The Contractor shall suband shop d,-.gs Ina calldent. and nalermis iocof-xito l iWo the site work. Work shall tmt begin on any Item until shop d..rg approval es granlad. 10. In addition In Iho „aluirema,aG sun in Ihoso plum and sparificaJatm, Iho Cenh:gtni shall ampleta the work In accordance with all petrol cmabbnna ad arty local Public Wmin Standard.. 11. The tolerance for harsh grads I,, all pa mraont. mdkways and lawn amen shall be 0.1 had 12. Airy dowatering nocessary for the completion of the sdewxxk shag be considered as pallet the mAnim real oheil be the Camadors nmpomddhry. 13. The Contract. shall am idmal. all work mIhn rows Read R.O.W. wsIh Trion :ntlhonbm. 14. Thn Co,drartor shell Inatnll rho oleclncal u,x1 lewpham services in aevrdm,ce vnth Imo utdlly companies req.-rox nb. I& Ex 1 mg p-mmmt and tea stamps to be removed shoal be.".adl of d an approvd nIf- site location. All pavement cues shall be nmekr wdh a pavement saw. 16. if there are any c 11icts of tm:onsiste cim with the proms or s,eeoficabom, the Ca,tracim shall contad the Engineer for verification before mA v obno an rho item in rlaxaon. 17. The aserago peconm r-bon grade for Eastwood If is nfeod en 216.0 ad for Senior Honing the average elevation is 215.o 18, All finish grades in parking areas are to be conflm d with the engineer and awnei before least am applied. 2 SOUTH BURL1NGFON WATER DEPAAIMENf NOTES: I. All ii m tic ,avid, and fat aprinkkr uyslem, the me aanudd to the public wit systun shall „c pr _x -m �. bwkflow prevention uex an bly, uod nn uypmpriew wemem eYpanxme xys',can in cmnpihmcc win the Ordinance for the control of Cmex Canncetiona Wise the water s,ocm ofine cal d's ram nerdy, hcaedidh Ih "Bta:Lnnw (Asdin,an e.° Pleas a nowt this depw,mna for mini, infam atian an baekBnw praocaan devices. 2. AnC.'9s must be pmvidd w the Ikparlment fffi these curb xtnps and gate v dues located outside the Cex ROW to� dmcommle,g u u w Jclimqucnt mx:oumx pmvoded d m the City of Snnth Itud,mwn toll. -de, mq--. et birth ie Smte Statute Talc 24 V.S.A. Choper IP), lhmferm Water mod 5ewcr Di; rm a. 3. Eight -inch Decide inn 4DI) warn pup -lulu have. no Ice than Ihme (3) lieu -Aipei nmlatl d at cavh joint. Bury depth w the new main shall be six fat 16') m the top of the pipe. 4, Eim hvdrzat assombll.a shall consist of an vachor fee cormicled directly to a six-inch R W µoat, velva, it,, npirmpnatc I, amh n1'6" DI papv, dic fat hydrant, and:.npropme. anchor blink. All hyd,maa shall next the :&-meriumne d CWD Sprcdi miuna.:red a hydroot flag shall be sepplid witheerh )xWeed. I hydrant Mum stall have all drmnx PhtBBd prior w uislall,mon. 5. MRlimwel joins tesbvm,x with linen ofT neat shill b.: EBAA ur Sigmas nr a 0.pament yfpmvd .•ynel gap nog. 6. Cerpormiums shall toe MuJl , I(-15009 (314%1"). or Muelk:r 1f 15013 (1 12"4") or Cambridge brass. ('urb swpx stall ed MuoB+a B 2521y) m Cmnbrufgc bras, NI bows morns ud adnpcm ,lull he Moeller m Cambridge. 7. Nu mnderpratd utility linos nr stnu:tums xhall be inelalkd within f ur tint (4') Iran the wailer m Dither side, from the lots of the more to We finish grade, with the cxwpdrm of shim scu'a reed sanim,y .-.over lines m scold rn the alwve fd'c,rnced Specifcatiew. Tres shag nW be placd an,wafer a- or acrvoce Ime, nor placed wilbm -ly feet 1201 ofaro W.rcaance, ireciudmg for. hydmnm. S. Sy,ararme boo cn the warm main and swim Ime, and scarbi, ,vantlary and scorn r xxr linty ,bell comply oth the V'IWSR myememceb and the above ref ncd Sp&ificmions. g. The South Burlington Water Department odinanee sbnox that "All water lines :red oppi mnaucee not located in the City rightof-way or puble, lynunds shall be considered pni pur'su:mr w the odmencx sort othm of the City". 111. T'Ix- 1XI-cernl shall no. mmnlain any water Imes char have net formalW I- a :optd Iry be City, cxccpi in -Imhvisions ,fiat on, 4-god he DTarimcol Spa ificatem, and am m4nded to be acelpkd. 11. All wamx Imes and nppunrnsa:e, located withim an area on dexignmd m msbicuxl or pnvate by ,he developer ,ball be a,aaJered pm sic, 17. Reseal— the final wader A-alem myuest, water-- Ices AM be applied w the project base on,lm curcn, Rate ad Eat Schduie. 13. poor to gay beeldiag uaxbucuon, the building cone -for must -rant this Dcp-xvt m dim- City ostru cro mat f meter sung, racer sdtiags, and back now pooleelion. I4.'nm SIIWD shall be scot ran lueec hard wF, plans i-ohmi, ,his project f review. Emma plum must include details and specifreatwns as rWui,d in the above mlcrermd Spwificalrons. 15. 'Iho SBW D shall be a -fed pnem to boclfilling to inxpm, all pies, I'i rsip, mart hoe tyro, apparkmaia:sw, wino line cmasmgs, and testing. CWD RLAA:aaona All work to be performed in accordance with the Specifications and Details for the Installation of Water lines and Appurtenances for all Water Systems Owned by the Champlain Water District, the City of South Burlington, Colchester Fire District #1 and the Village of Jericho. Details should be modified to the above reference specdicati i m. DATB 5 06 O'DELL PARKWA Y P UD AAL. . vED Applicant/Owner: F&M DEVEIOPMENT COMPANY, LLC P.O. BOX 421 BURLINGTON, VT. 05402 --------------1------ ----- - - - - - - - - - - -� i I I 1 3 I I I I ^ SEE N07E J z N 01 J. and B SNIDER 1 [J VOL 216 PG 491 I �,U N04'Jl N SB5'11' 10' UTILITY 49.99' EASEMENT TO GMP 5/8• REBAR S85'11'52' E ZONE: RESIDENTIAL 4 _ 30392 CORlM CIAL 1 g' BACON ST. - t0.241 ACRES ni N8511'52"W N8511'52"W Q 5/8- REBAR 139.83'-7'70.02' Q I 3/e' REBAR O 1 t i N/T N. N/F IL. k L BROOKS I N� I Y. ! P. I M. h J.WARREN I pl�l i t N�. I VOL Be PG 404 I & BARNEY HENNESSEY VOL 461 PG. 6. N� A. DOUCHE L KAHAN IVOL 3B7 PG 53 N/F I I 219 PG K IVOL. 393 PG 39al 1 M. STACKMAN I L. P. BROOKS I iQJ'.. I VOL 39 PG 18 VOL 30 PG 325 I !� _ L _I�6571'11'E 1ZONE: COMMEENTIAL 4 I- _ _ _ Naa. I' IAA an.44' ZONE: COMMERCIALT__ x�n 40'x8S' TELECOMMUNICATION PROPOSED 10' UTILITY EASEMENT c SITE. UTUTY EASEMENT TO VERIZON t0' LOT 10 I TO VERIZON �I s, E _ 0.833 ACRES ___________P a Y r 1 -�_�__ _ -IS 510- a,lia LTG' UTILITY EASE ENTi Fled 8 m 0 VERIZON M o V. B02 P. 775 1 I1L 1 ru.uM r _i ____ ______________________N-- ___________ ______ _ n___ __f�� -lO�bbY N1DE ______cEX 20 FOOT WIDE _ UTILITY EASEMENT SEWER EASEMENT 44.. F�•-1----I ASEM TO VERIZONI TO GREEN MOUNTAIN POWER VOL 260 PG. 112 P. 5 I VOL log PG. 364 d plx I I I sF I I I EASEMENLT IOR r INES S85700'•EUTILITY4�lo I I 3'5316 E 0 I VOL. 50 PG. 481 WVNY I�Iry I I 99' LLI CHAMPWN OL COI, INC. N/i LOT 1 PS SO4'04'50"IN I I Z VOL 126 PGS. 1-3 I A k R. REYES I 19.94' yql, 1zo PG 31 EX. LOT SIZE _ ��• I I NZS'S090 2"E t4.498 ACRES 110. Mry`yy� I I I 585'OB'0 " 8 ' S D KE 70.03 NEW LOT SIZE _ m e L11 2" ±3.164 ACRES I T, -I u 39.57' P.R. NAA ____________N 4 "vier tiA 111 m I- 168811�__ K37.6 FOOT WIDE i /F THOMAS FAMILY TRUST, ET A ESS EASEMENT (n i 0.423 ACRES u ' CHAMPWN OIL CO., INC. I. ut L 128 PGS- 1-3 bIN sI WL JIB PGS. 8J & 85HOME I! >E PLAN VOL. 49 PG. 29 AVE_7r•Q�lr I S 817'4 "E --------------- tALD+--------------- W I- O in D �II�� s/e• RE Z 1 1' N/F po{ VDL`329 i u PG 551 ¢ZI oI b - REBAR w'1'J ` `�� 232.55' N89 - J? e0', N85'S5'10'W '04'J9"W LOT 7 �' 89p,. 66.9r uCOMMON LAND c`�faTa4,5, R 150 s t0.160 ACRF�S _ 58 'S8'10"E 'm5�` N85'55'10"W I' IRON PIPE A 38r -- - FF Lys I r a REBAR N/F HEATHCOTE ASSOCIATES, LP VOL. 211, PG. 56 VOL. 217, PG. 1 rr 6 IL 50' CONSERVATION k OPEN SPACE DISTRICT ., o. <a w I PROPOSED LOT 11 1.292 AC. PROPOSED 20 FOOT WIOE- ' RECREATION PATH EASEMENT \ TO CITY OF SOUTH BURLINGTON I I ddI ll -------------- ------------ PROPOSED LOT 9 2149 AC. +0.073 AC. -2.222 AC. 24' R.O.W. TO BURLINGTON INDOOR TENNIS CENTER, INC. 244.67' S85'S''10'E NBS'SS�o"W a FARRELL STREET '2' REBAR N85'35110"W Na5'SS'10"W 157.0T 19 . PROPOSED 20 FOOT WIDE RECREATION PATH EASEMENT 1 I' TO CITY OF SOUTH BURLINGTON 1 N/TN/F N/F, t K. JONNSON I E REWINCION I I A N9AROMCK I I N. OSBORNE M. 415 PG 6{9 N M0. 146 PG. 52 N� VOL 117 PG 173 YOL 410 PG -I< 1 N. k MERRAL I G and L BOUENDE.R I 1 0. UNK I I` VOL 455 PG 113 VOL 457 PC. 4Z5 I IVOL 392 PG 1351 i ZONE: _RESI ENTIAL 4 ZONE: COMMERCIAL 2 533.38' BURUNGTON INDOOR TENNIS CENTER, INC. 7EXISTNG PROPERTY U E LOT 8 1, `PROPOSED PRO ERTY LINE Ir VOL. 260, PG. 112 VOL. 197, PG. 63 EX. LOT SIZE-4.155 ACRES PROPOSED (0.073 AC. TO LOT 9) ADJUSTMENT NEW LOT SIZE=4.082 ACRES 0.073 AC. FROM LOT 8 TO LOT 9 r------------------ I I 11N II TENNIS COURTS I 1 I I I I I I I II------------------J aj l taj 6:6 - I _ J _ _ S85'11'11"E PROPOSED 15 FOOT WIDE 444.69' - SIDEWALK EASEMENT TO DEVELOPMENT ASSOCIATION "EASTWOOD COMMONS" N1453'22' LOT 2 37.92' LOT SIZE = t2.203 ACRES R-t o2.69 I I ! COMMON L AND O I t0.392 ACRES - - N85'54'18'W I 298.39' N73'22'40"W R.O.W. THROUGH 73.18' III LOT GIN FAVOR OF R-168.5' S85.541IS E I III ( LOT 3, LOT 4 k LOT 5 36.58' I III SEE REF. PLAT A N62'S1'45'W III 1 I 16.37' II i I R-231.5' =7 7' I "65 FARRELL ST." v II I LOT 3 t4.449 ACRES R.O.W. THROUGH LOT 3 IN FAVOR OF ' 2ilw l I LOT 4 k LOT 5 24. 1 / i I •II I I I i III I I I I I -j---------� I1- - i ii 1 �----- ___________ 585'S5'1 'F_Nj- 0' DRAINAGE i i I - 316.44' - - 26' ASEMENT , C4 N04'05'44"E / _J:_J 6.26' I 3 UIU I ( R.O.W. THROUGH uR 5' SIDEWALK EASEMENT LOT 4 IN FAVOR OF g,� 0:: 5' I1 LOT 3 k LOT 5 THROUGH LOTS 3 k 4 a IL I ^ I I TO LOT 5 i I"CITYS EDGE- 7 GE" O / UIU �I /I t1.601 ACRES / ELECTRICAL REF. PLAT B 58.86' 62.29' R-153.5' R_45.50' I7448' R�17L6' 159.03' b1 a6 NEW FARRELL STREET R.O.W. 159.03'� s I 1 N75'24'14"W 1184,50' ��6irB;J,fiO I I R- 231.5' 11 Q7 �Y \ \ II II II II ii II II II II II II -'i I- W SIDEWALK EASEMENT II TO LOT 5 II � 11 i 585'55'10"E ~ 180.30' w 'v / � R 0'�b LOT 5 COMMON LAND t1.786 ACRES 0 ! LOCATION MAP SCALE: i - 2000 feet NOTES I 1. The purpose of this plan is to depict revised final boundaries of the O'Dell Parkway PLO. Reference Is made to Reference Plans A and B. This revision depicts the division of Lot 9, Lot 10 and Lot 11 from Lot 1. This revision further depicts the adjustment of 0.073 awes from Lot 8 to Lot 9. 2. The boundary survey was performed With an electronic total station and a steel tape. I 3. Bearings are referenced to astronomic north based on existing monumentation recovered along 1 the easterly sideline of Farrell Street and solar observations taken October 20, 1999 and --. December 21, 1994. I•- I 4. Farrell Street has a 80 foot wide right of way. Reference Volume 211, Pages 237-23& The i N , ' w right of way was determined from existing monumentatlon and the plans entitled "Farrell Street" I d dated December 6, 1962, Sheets 2-6. recorded in Volume 197, Pages 85-89. 5. Shelburne Road has a 99 foot wide right of way determined by existing monumentation and the a: traveled portion of the road. Reference Town of Burlington Volume 2, Page 749. 6. Hadley Road has a 50 foot wide right of way determined by existing monumentatlon and the 1 traveled portion of the road. Reference Volume 11, Page 19 and Volume 11, Page 230, Municipal water service, storm sewer, sanitary sewer, telephons. electric and goo services are available at the lot lines of this parcel from the point of origin through public right of ways or 6 recorded easements. _ 5 ' REBAR I w I S. Not within the scope of the survey, there has not been undertaken any investigation whatsoever with respect to whether the property and each component there of ❑ In compliance with local • or State permits. These propperties lie within the Commercial 1 and 2. Conwrvation one Open Space Zoning Districts Nmd and Realdential 4 Zoning District (50 strip of land to Hadley Rood). W E 2 10, Existing 1" Iron pipes were found disturbed by snow plowing and mowing. They are to be replaced by 5/8• rebars to be set. I It. There Is an ocsoment to extend and maintain highway slopes and embankments in this area. jY Reference Volume 194, pages 199-201 and State of Vermont Highway Project Burlington Q ' M(5000)1, Sheet 41. 12. The Thomas Trust parcel is benefited by easements far ingress and egress, parking, utilities, ' E Q building canopies and maintenance. Reference Volume 50 page 481 end a map entitled "Plan Land Easements, 518 Shelburne Street, South Burlington, Vermont, v, O and Thomas A. Farrell, Owner', dated October 24, 1959 recorded In Volume 49 page 29. O 13. This portion of Bacon Street will be subject to an Irrevocable offer of dedication to the City of South Burlington. Q PUN REFERENCES 'EBAR W /� A. "FINAL PLAT - O'DELL PARKWAY PUD" prepared by CIWI Engineering Associates, Inc. dated July 2000, last revised 9/19/2002. Recorded South Burlington Land Records. 'Boundary Adjustment Between Lot 1 and Lot 2 - O'Dell Parkway PUD", prepared by Civil Engineering Associates, Inc., dated 4/23/2004. Recorded in South Burlington Land Records. 3 C. 'Plat of Survey -Seaway Shopping Center Corporation and Thomas A. Parnell", prepared by m vis John Marsh, setae 8/4/61, last reed 10/22/81. Reference Volume ITS, page 73. ID. "Factory Outlet Center - 514 Survey Shelburne Road", prepared by F. C. Koerner, dated r August 19EI2. Reference Volume 173, page 51. E. "Touchdown Properties - Plan of Land to be acquired from C irdenway Incorporated% prepared / by F. C. Koerner, dated November 1985. Reference Volume 200. page Is. F. 'Lands of Heathcote Associates - Property Plot', prepared by Lamoureux, Stone, and O'Leary, dated G/2/95. Reference Volume 365, page 112. I G. "State of Vermont Highway Project Burlington M(SG00)1' plans dated 12/13/82, filed in the City of South Burlington Land Records. W I / LEGEND i - - PROPERTY LINE J - - - - - - - - - - - - - - TIE LINE 'IzJ�� 1 gg,, 0 , --- EASEMENT I�•$�•?14 $ V _- - - - - - RIGHT OF WAY MAr�. ? - - .. _ .. _ ZONING DISTRICT LINE d gas /np^�w _W --•-_ •-•- FENCE REBAR S�N,c� "WV/so. 0 IRON PIPE/REBAR FOUND Ie1ijnin,Yt®n ❑ MONUMENT FOUND O MONUMENT TO BE SET REBAR GRAPHIC SCALE • 5/8" REBAR W/ SURVEY MARKER e TO BE SET CALCULATED POINT ( IN 7'EET) v, POWER POLE 1 inch - It - i� $ YI�' p =I - -,�� E i I i j I I tj, I N78.40'{0 E , 53.80' I I ' L �'--"��--- _ __ i' •q5• ' AroN. 4.63' 1 r - NTH � 'to fi 915 g i / �G __��' E-- 189 RC1AL� -OPEN�ti+". COMMF` TON 'u'--• E�_ -''� ZiNE C ?ON _ ,-_ 20' WATER k NATURAL ---' -- _�/' "n•"r• GAS EASEMERI the bast of my knorAedge k belief this _ 'W +� plat properly depicts the results of a survey conducted under my supervision as outlined in 16' 9"E the notes above, based on suer analysis of records k physical evidence found. Existing 40103 STATE OF VERMONT HIGHWAY PROJECT boundaries shown are in substantial 9 BURLINGTON PROJECT M(5000)1 RAMP C conformance with the record. VOL. 48, PGS. 429-431 VOL. 48, PGS. 467-478 Timothy R. Cowan VT. L.S. 597 5-11-06 iRC AO.UsiFD PROPERTY uNE BETMMEF:NN LOT 1 a 9 0-.05 TRIG ADO LOT 11 - ROAM AREAS INC REVISE A CORRECT NOTES TRC REUSED LOCATION OF 1ERZON EASEMENT Date Ch'k'd Revision Drawn by Checked by Approved by ACL TRC TRC Date JUNE 20. 2005 Seale 1" - 60' Project No. 99101 REVISED FINAL PLAT O'DELL PARKWAY PUD SHEET 1 EASTWOOD 11 CONTRACT PAVING I IUITq NE C NC. CUFB 14 /7 SID :.;E K 12� 13 NEW CONIC. CURB W/7' SIDEWALK 131 '*)I I NE CONC. CURB 13 /5' SIDEWALK 10 X 12 CHILLER PAD -ADD ALTERNATE R CKW D TAIN G WALLS ROVED EQUAL 10 NEW CONIC. CURB W/7' SIDEWALK R NEW CONIC. CURB 'i % /o /, ,/ j AN1 A / j�//�/// 8 FUTURE NE C�NC. CJR8 GARDENINGAREAIW7' VDE 24 SIDEWALK EAtTWOO7 11 LIWJS j // / _„ __� --STAMPED PAVEMENT CROSSWALK---_ (SEE DRAWING L-201) MUMN/0, ie/3-70 SENIOR HOUSING UNITS & OFFICES '148 PARKING UNDERNEATHN. ®R FFE 218.50 GAR 208.50 // LOT 11 1.29 ACRES W r 9' WIDE qONC. SIDWALK/ � I \\_5,1 WIDE CO� C. SIREW`AS FARRELL STREET - — ---------------------- FUTURE RECREATION PATH BOULDE • RETAINING WALL Nil NSM4M u SITE ENGINEER: 5k CNL Bi iiO A8.OgATIA M SHELBURNE. VERMONT TEL 802-985-2323AX F 802-985-2271 DXAU AM SAV 220 PROJECT: O'DELL PARKWAY P.U.D. (NEi EASTWOOD II N> j/� / � � I ----------------------------------- FARRELL STREET j / // I II SOUTH BURIINGTON j z 1 II VERMONT z rn ;g I i LEGEND Al2 TENNI ---C3'3",- EP)R'=ONTOUR CONTOUR - PROPERTY UNE (APPROXIMATE j/ / Ii EASEMENT UNE 0 IRON PIN CONIC MON. / /a /// '4 i II SS--- GRAVITY SE LINE W--- WATER LINE j / j li GE- - - DVEMH AD ELECTRIC -ST- - - SIDRIM DRAIN UE- - - UNDERGROUND ELECTRIC T --- TELEPHONE LINE Lr / I GAS LINE j G u CD 11ANHOLE i C)II O < 0 - HYDRANT C) SHUT-OFF C\l IL------------------------------- - --- - POWER POLE jQ LU rn SIGN wLL/ CULIERT 0 0 Z LL < CATCH BASIN U) (D NEVE ui EDGE OF BRUSH/WOODS DECIDUOUS TREE CONIFEROUS TREE E3— LIGHT POLE WETLAND N 5 m BIKE RACK ZONING DISTRICT ENCLOSURE EIVED SITE PON 1,2 2006 ty0f, II I I II T I Ilil I II 1 II I I SCARFF k-- M! E 1 I{ I a and B. SNYM II I I - II II I6 I I I I �---______--_ - IL BACON STREET II IL II + W I ii CHAMPLNN aL CO., PC. —NON UWANIIN OF I I I I 1RECIPMAL Rt MM A. and R. RE I ��1 I r I I I11 I I --�_ I16 6 HO- ME U c SITE ENGINEER: - - I I - - - ► OOOh I ❑�❑� NAwcT I I i Naw IL. and L BROOK9I M. and P. I 1 I I �.a1M K. dONN5a1 I M.and J WMREN I I E. REDDINCTON A. BARONC% N. CBBORlIE I � T B B. BARNEY HENNESSEY I I A BOUCHE I I J. KAMAN I F.and U. KOCNNAN I I n I I Nand A MERPoLL' G. and L BOLEHOER I I I I _ - Q. IxiK 1 CNL 9V��:SH LBBOCUI� ONT I I I M. STACKMAN L P. BROOKS I J1 I I I I I I I I am .,,,■q �� SHEtBURNE, YERMONT fA-9TWOOD II_LIM 1 TEL 802-955-2323 FAX 802-988-2271 O.00ACRES I OF CONSTRUCTION I I ■`I■F • • w. vaLPE I I" I JOY L.wu Nu BURx an,a_,an,an,.,an,_,anian,an,an� �an,_�anI�,�, I IDRII ml. AM 1¢OF I I ��ian.i cavTax rani I 1 I ca.cno 'fig Pal BUILDING MIMI1111111111111 AC • • �ii L T� I I I I.. I I I ... I T ...... 1 s9 1 it •m. I g Fi I it 4II;ylijil; TWIN OAKS /HEALTH AND FITN 1 I I 8AV a i1 I I ' LOCATION MAP SCALE: 1 = 2000 feet PROJECT- _+ _ — _ — _ _ — T T — -`�" �" EXI TING ENTRANCE Ao8 I 0' DELL PARKWAY ; I P.U.D. Ye------------ TENNIS COURTS I L - -� - - - - - _ T i I I (EASTWOOD II) I 4 i EXISTING PARKING 1 I L I FARRELL STREET SOUTH BURLINGTON �' J 1 ► 1 VERMONT I ( w " --_,„r►L____1LIJ11j,,,1,�.11LIJ11LLJ-_J 1 i LEGEND 1 ' - - ->)6- - --- EXISTING CONTOUR • '-° mr..,,..,r.F 1 II —336— PROPOSED CONTOUR 1 1 — _ _ — PROPERTY LINE (A➢PROIOMATE A A \ ( _ _ - - - - EASEMENT UNE • .� \� �r---------� r- ---- J U L O IRON PIN ' R CONC. MON. —55--__ QiAMTY SEWER UNE 1-_ W _ --- WATER UNE ,-.........� EASTWOOD COIdM S U -OE-- - - OVERHEAD EiEcmlc Bq N • RSITIA4 •yN115 1BI FtR.- i.F..22iC-C'%j 1 -sr- - - sraa DRAM F - 1 —UE- - - UNDERGROUND ELECTRIC —T--- TELEPHONE UNE TO ( - - - GAS UNE 1 I 2 MANHOLE PARKLand 1 I E------ 01 I l_.-i� � X: HYd1A14T 6 I I I / ` -' • SHUT-OFF / / i ' ♦ POWER POLE EX. 40 Residential Unit 1 1 Ia1ANIM •ALL T gal w/ 33 218• Parking Un-de► X. 40 Residential Unit 1Bt / w _ CULVERT FLA.• F.F. 0-� .2 c� i r F OR w/ 33 ParkMaa Under ■ CATCH BASIN FLR.- F.F. 2101a' j I ter^ EDGE OF Enusl/woms A3 i F. , • I C-- DECO OUS TREE .a VAN ACCESSIBLE BIKE 1 L CONIFEROUS TREE 0. .HANDICAP PARKING 6 / L _J w UCHT POLE CUM /011 BIB: PAIN RETUAND e Ar I eel BIKE RACK 1 / ZONING DISTRICT A Residential Unit 33 Parking, Undsr X. 40 Residential Unli ,,,,,,,,,,,, in FLR.- F.F. 218' w 33 Parkin Under AIENT F.F. 0e'-0't'F.F.291!'-G'f� jj�eA5J1T F.F. Iticew' IN 189 9 1 IV\t 1 II � I I II iE% ' I I I I I I 1 1 N DARE FENCE NI STEEL POSTS AOTSTANOARIG G.l, OO NOT `NCLUDE BARS I RONMT FENCE TO kAI�-] BEC MIN W/ DAtB cancm aBYDmn 1-12-OS AO./SAv FASI'IO ) N - IS 0 FIR SO 1 NEW PANEMONT / 9-15-05Aa/iAy �RE`A4D 31E PUN AND UTILITIES 54M 1 Aa/SAV ISD/DI NDISEC - L�FD i01 PFA EXISTING BUILDINGS AND SITES SHOWN HERE PREVIOULY APPROVED UNDER ACT 250 ■! Kaw L MAY 12 2000 OVERALL SITE PLAN GRAPH SCALE gU�Ington o.r. murmc NUMRcx 9C1IE p/I ( IN FEET ) w C-3A 1 L_h - B0 Ft. PRRW NO. f1f111'IE 20 #4 C W 2 0 1B CB #4 1 21 .0 INV0 INV. . 70. 2 0 5. 1 ---------- A 11 , vi Emil I 1111111111 II SITE ENGINEER: -7 5\ CM. ENM SHELBURNE, VERMONT TEL 502-985-2323 MCI FAX 802-985-2271 ax RDRAI D 774� ff F_r�t� •72,WV�= 2 1, 5 'N= , I 2.5�\ Mid PROJECT: r 0 mo om �O'DELL PARKWAY P.U.D. <;O,p (EASTWOOD II) 7- f -------- ROOF— FARRELL STREET --------------- M p/l/l I - '.�M R M D R NSTALL 8" STI� SOUTH BURLINGTON molyk,- -- LFROM TRANSFORMER VAULI FUTURE TWIN Oi VERMONT 6" HDPE TO TENNIS DRAIN LEGEND -336----- EXISTINGCONTOUR V�,, g: COURT UNDERDRAIN --- 131--- PROPOSED CONTOUR TEN N 1� EASEMENT LINE 0 IRON PIN ,--6" PERF. HDPE INS' •FOOTING DRAIN ss GRAVITY SEVIER LINE 12- HDPE CULVERT�� INV. IN=216.2 -OE- - - OVERHEAD ELECTRIC INV. OUT=216.1 W/ STONEHEADj • WA,l -U�- - UNDERCROUN. ELECTRIC T TELEPHON LIN CB #28B 1ASUNE RIM=216.0 MANHOLE INV.=202.9 HYD ANT SHUT-OFF • j� POVAR POLE SON CATCH BASIN EDGE OF BRUSH/WGMS FINE, LIGHT 1. IMETLAND i L %�PK RACK LIMPSTER F 4CLOSURE Illuk mb w- Aw J —A MENEM ill M p1rAw SITE ENGINEER: i WN 11 5k CIVL ENWI )CIATERM ,S ED SHELBURNE. VERMONT TEL 802-955-2323 FAX 802—ga5-2271 CURB � , ' � , �� ' � ' '1'.`;�',�i i:I�� i.�i�- �i.Aj��I�,1►�� r11i.I"�'��,I�. �I��II�11��4�, r� 2 PROJECT: O'DELL PARKWAY1 jNEW ONC; CURB P.U.D. SON 4F (EASTWOOD II) FARRELL STREET P 8 WATER MAI SOUTH BURLINGTON cn VERMONT I Z_ I1lEW COQkB W/7� DE ALK (STING ILITY POL �U lt C. CURB 13 /!(IDEWALK 21 .1 ti 0 HILLER PA i ADD AL RNATE A S '14 D 22- r IN G WALLS 0 I ROVEDED EQUA ,�� ) I I" =0 - �? w LOT 11 WIDE �ONC. 510EWALK11� WIDE CONC.-//' LEGEND �OF E-s"N' CONTOUR PROPOSED CONTOUR FECOMA19• --NEW ELECTRICAL TE N,N EASEMENT LINE CONDUITS 8'xl2' CONC. CHILLER 0 ]RON NN F,, 4 — PIPES FROM 8LQ1 CON - MON' TO CHILLER -SS- GRACTY SE R UNE WATER LINE 6" SEWER SERVICE CONC. CURB SDR 35 PVC -ST- - - STORM DRUMM NEW CONC. CURB INVERT 0 BLDG.-212.0 -UE - - - UNDERGROUND ELECTRC W/8' 'fl—ItE (TYP. 6 PLACES) T - - - M.EPHONE UNE SIDEWALK G--- GAS UNE NEW-MH #7 MANHOLE M H #6 RIM=218.6 I; HYDRANT I _m=208.3 I .. ... INN SHUT-OFF 215.3 INV. OUT=208.25 K 30.3 TR; ltvjv� Zh �N=207. 8-� POWER POLE ----------- SON CATCH BASM r EDGE OF BRUSH/WOODS UGHT POLE IS! WETLAND DOW RACK Fj III �i ,Ioil! �/ter,.- ,rOi, + • � •- . • • � �{; I •/, / MPSTER QjL ENCLOSURE KING UNDERN W �,48 PAR MEN F01, Effimm/ WIN 1111 �1MIES/ — m yi��///��y!�/�� ® � 1 •-� y�� Iliii%////r/..�ipjii�j..i• / •� II ��' // ij , �411 A�lIZZZIIIIIIIIIII - - - root 2- --- chh- - ity of Sj, . . . . . - 4-8-05 r-w pRw. 8+00 om BROOKS,• nd J. WARREN B. BARNEY I HENNESSEY • J. KOCHMAN A. BOUCHE J. KAHAN BROOKSM. STACKMAIN L. P. INV �• .J\ r a I n• E ' ^••' • !:S'NEWPCHr r ;t�y�e•.• .e ss �� raea`tiaxaiwi � irrY ".,.� •y'K.rx•ro..omay"•aaac•a BUILDING d��' ��INVINV. • x x' ,t,},r ,ae, }o:sr•rsawwoua'.a., nr. j%/f yin o7 � 1 a. fN ,SgQ.... __ -„ ' �•Y A� ,� • , � O0✓�4 • y � , /,'�'a`s eii i'1�w.7q�'n'�."�m°• '�'�°°.<'ero•a^^"aaa�ee°" �'�,' r ��v0'' 1/ � 1 < � Qr '�vmr�s.°v�•sr'w+ae.'>�"°fit sxAxd6'•^°;< -•v �� L:/•.�►,. _.� '1 �.+S:;:i,�.•,� :7... '`�cy .:c-� �`V`� ♦ \ i I. -�. K� INN I-� x� MI �fi� s �� , a.mx%:.•x•.x t SITE ENGINEER: CNL a1a•OCIATBB, INQ SHELBURNE, VERMONT TEL 802-985-2323 FAX 502-985-2271 I nRA•N ACL y��`�O Alm C■•C[SO hi r INSTALL TYPE A p220 ' ROSION u 8Ao/ *".,&. iLG) SAV rpy,,, CO00 PROJECT: O'DELL PARKWAY j- P.U.D. (EASTWOOD II & ti i I 1 I IE.and K. JOHNSON� I E. FUTURE 8' WIDE BIT. dONC. REC. PATH I �N.ond A. MERRILL I I I I I I STABIUZAnON EROSI �0�' -- ------I O v a ONTROI MATTING) CAP / I NEW CONQ OJM---V JPAMP T 1 44 f 12 NEW 5'0 CB 1 RI N I / 10. D � 1 NEW 8 IN N APPRO RIM N ._ .$ - 15.5 ;✓. �� I- II I / �♦ 1212.2INV IN-204 O INV, IN (NI - �b 17 NEW CONLI .II&QU _ _ e Al IN 8' WIDE CONC. .. sID AU( �// /,� i INV. OUT. 04.2 i NSTA TYP IA �� I N CB /51 T BI ZA ,ty, NEW CB j4 6" PERF. HDP 1' TR M (G) \ R V- N71. 04. 7 WVNY BUIL -214.6-FOOTING DR INV. OUT-209.1 v. OUT-z RENOVATI N A ' / I CONC. CUR '•I FFE INV. DRAIN ,h; ✓`5/�'��sy �,r•?.6.;a — - j �'EryO BE / 13 SIDEW 1 // / ® TYP. 3 PLA 1 Kt'MQVED�� /a� /-� NEW CONC. CURB ZI 7t4' IA. and R. REYES: ° DAL R'I`LE,E°AD N NEW CONC. CURB A ti' (A� ' SIDEWALK Z LLI • 14 1 % I INV 0.11t Z !6 ?i c Q11' . III I •1V, / . 8 d O Z. 0 NEW-DMH #6� RIM=212.0 INV. 206.29i �j.•'o•• \N l 21 . 1 I i! N / N / 9 // 10 7 . REPLACE EX. MH RIM=FELD VERIFY U I INV. FELD VERIFY A RIM=4 1 I.Vu NV.=208.0 1 7 1 RIM =211..59 ' INV.=208.2 5 I 121 k K / TAN G WALLS ,�V EOUA ROVED IG �ry N CB #55 RI -2Y1,0 I .-206.0 75 DRAIN 211.5 CB 03 — 10 "2�3 NEW CON! EWaALLK EX -CB #53 ,KIm=2l,).D 0 RIM=212.iP=901NV.=208.8 _T c �' SENIOR HOUSING) D DRAI FARRELL STREET RIM-217.5 SOUTH BURLINGTON I GrI )N-z1— / VERbIONT I 212.4 LEGEND EXSTING COMMUl1 PROPOSED C@ITWR •�. NEW Af3BFfiPBN PROPERTY LINE (APPROIMATE ii�i� %' �� EASEMENT LINE DRAIN o IRON PIN 4 S • __R09F _ _ _ FROM TRANSFORMER VAULT _INSTALL 8' STUB FOR ■ ca+c uw. 6' HDPE TO TENNIS FUTURE THAN OAKS ROOF COURT UNDERDRAIN DRAIN NT —Ss--- GRAY SEWER UNE �-- INSTALL CONSTRUCTION — W - - -- RATIO UNE FENCE AROUND U�NNIS DE -- - -- DeERNEAD ELEcTR1c OF CONSIM-110NCOUR —ST— — — STORM dxAW 6• PERF. HDPE —UE— — — UNDERGROUND ELECTRIC FOOTING DRAIN —T--- tREPHONE UNE 12' HDPE CULVERT — G - - - GAS UNE INV. IN-218.2 0 MANHOLE INV. 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UK 11 A• ''�%/ I_ �o�1u•,7_: ___ _- — �lltillh tiR.I!'.4'E:N'�Iti ,AIII�11111) ti: �: - �� I III h .-.�..�MIII _ .1. �, � � � • j ._ I STABILIZATiON l •, �,� ::'ice • . J. tsovie ana Assoc No Text w"" omm jow ELEVATION- NORTH- SCUPPER ELEVATION- WEST r2 tLEVAII(IN •lt!v mr7priou"I'm ONNIVIREMdbi KEY PLAN � 1 01 j I - —J P9 H I 'A i---- i ---.711 10-28-2OD5 NORTH E III io Q, 1 -1 1 NO AMMON 1� -IF7� 8-3,2W5 MON 1LJLJ -A �m E �"J Rat AfaMactwe TE E t '.77=777 Lemy+Youkal L7 210 Cbp Stre S& 3W .11 rw�MqW, V-W MI. isA Te4h (8G2; 884 MR Ull _ III4601, 1. S*t-MW. Owd **hd. IAAW� H.4C 189 932 997 9M:8137 H4 Lid r PR01Wr. _J 17 IROL jCAT '-AASMR( XNrRDL 4W EASTWOOD COMMONS II Soutf, ]3whug= 9111m PATH, UADRAL W WORM W'tL a LANDIVA 'w341 IVED AN) CA ENC DR014GS. RECE I DAIS. 08.03�2006 MAY 12 2006 IELEVATIONS:J� 1 i - - NORTH ELEVATION- WEST WING A400 ------ ----- -- m;a.= P.4 FF9F , IF F]F , I.:1 4 7`771_w 1 7 T �71 �I..i 11. JJ ELEVATION- EAST ,aJEVATION (D (DO f Ell TF—fi, ........... q. a L-1 L I 11L _J T i �. _ u 7 7 _'7 =17d L L Fri] 7 i www a;R% _00Y cmam jw ELEVATION- EAST KEY PLAN wt R,rzc, #A C&y of I 'mil! 9ton 08-2005 1 NORTH END ADDITION 01 ISSUED FOR CONSTRUCTION 00 W1 DISDIFU T Architecture Int flora Re:orts Lsmay+Ybukel Z10 Cob" A"e �k 3m .I B.k4.. V.Rm Owl. USA regl(802) A.IrW OAK H4C 799 T,w_ �, ;I TW-W.- EASTWOOD COMMONS H South BudingM TITLE: 0'trE 08" ELEVATIONS $ CALE 11W NORTH WING A401 i,t M LEMAYyQW- No Text mum- -_�� i -.--g W -- 4TH FLOOR EL 252 0" 3R0 FLOOR EL 241 -4 2" FLOOR EL 230 -8 1ST FLOOR EL 220-0" BASEMENT FLOOR EL. 210'-0" — — 2 2oo Ardtitectes TITLE EASTWOOD COMMONS II Lemay+YOukel ADDITION - NORTH ELEVATION FILE DATE SCALE DWG REV. 04-0270 09-14-2005 1 /8"=1 1-0" DSK-05 ( 01 oc Arclutectes FILE MASONRY CONTROL JOINT Lemay+Youkel 04-0270 X10 TITLE EASTWOOD WD COMMONS 11 ADDITION - EAST ELEVATION DATE SCALE - 09-14-2005 4TH FLOOR EL. 252'-0" 3RD FLOOR EL 241'-4 2ND FLOOR m EL. 230'-8" 1ST FLOOR EL. 220'-O" y� BASEMENT FLOOR � Az DWG I REV. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 May 17, 2006 Antonio B. Pomerleau Pomerleau Family Trust 69 College Street Burlington, VT 05401 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4i06 May 17, 20o6 Eric Farrell PO Box 1335 Burlington, VT 05402 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. 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. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." Please call our office at 846-4106 if you have any questions. Sincerely, kcM* Betsy McDonough Planning & Zoning Assistant Encl. PCefess7Gnal-math tutoring; Jl]] ]e>icls of hlghsschool ern` _ legals g rnces-ann-rn,ormanon;Zearn-.... ....-- yr ---vrrvxz�xv�vr• rrisxa= -...--- /- about effective protocols. John, f OUP: Come share your 802-343-8161. c�3c'nta�rrCb7ra��e-�"8'S"�3� WOMEN HELPING BATTE undergraduafe math eo,U[si #; 6r¢a{ references, - PUBLIC HEARING SOUTH THIRTEEN -WEEK SUPPORT exp,., ence, get support from those who have been there, WOMEN offers free, confie educational support group lincWRepstad i6 I BURLINGTON DEVELOPMENT GROUPS for women who are sur- learn about Obsessive women who have fled, are ttastad+ttttiisli:ei REVIEW BOARD The South Burlington vivors of adult and or childhood sexual assault. Group witl include Compulsive Disorder and how to reduce its symptoms. Therapist ing or are still living in a where intimate partner vic Development Review Board will hold a public hearing at the a yoga component. Please con- tact Meg at 864-0555. facilitated. Weekly meetings, 802-343-8114. is present. WHBW offers a ART LESSONS with Rachael Rice, professional, nationally South Burlington City Hall BEREAVED PARENT SUPPORT NW VT GAY AND LESBIAN ety of groups to meet the diverse needs of women ai juried artist. Improve your Conference Room, 575 Dorset Street, South Burlington, GROUP: Every first Monday of the month at 6:30 p.m, in . Foster and Adoptive Parent Support Group: 6-8 p.m. The children in this community 658-1996. drawing, painting, overatl cre- ativity. $25-$30/hour, supplies Vermont on Tuesday, June 6, 2006 at 7:30 P.M. to consider Enosburg Falls, 10 Market Place, Main St. Parents, grandparents third Thursday of each month, starting October 20 through May, VT PARENTS OF FOOD Al GY CHILDREN included. Results guaranteed.? 802-229-4427, rachael@fly the following: and adult siblings are welcomed. 2006. Casey Family Services, 46 EMAIL SU: TEAM: Info, contact Mary) chickpro.tom. BENCH MARK RENOVATION: I. Preliminary plat application The hope is to begin a Compassionate Friends Chapter Main St., Winooski. AUTISM: Free support group for Hill, www.VTPFAC.com or c 802-373-0351, for all of your home remodeling Baths, #SD-06-30 & final plat #SD-06- 31 of Super -Temp Wire & Cable, in the area. Info, please call Priscilla at 933-7749, parents and caregivers of chit- dren with ASO. Montpelier, 2nd MIXED GENDER COMING SUPPORT GROUP: Every 2 needs. kitchens, porches, decks, garages and basements. Inc. for a planned unit develop- BIPOLAR SUPPORT GROUP: Sunday of the month, 3-5 p.m. and 4th Thursday, 6:30 p.n Attention to detail. Competitive ment consisting of a 35,000 sq. ft. manufacturing facility to be Open to members. New Leader- ship. A forum for strength, . at the Family Center. Call Jessica, 249-7961 for child care inquires. facilitated by supportive p, and mental -health prices. John, 802-657-2642. CHAMPLAIN SHORES., constructed in two (2) phases, Phase I consisting of 30,000 sq. humor and self-discovery. For information, call Emma at 802- More info, www.aaware.org. SUPPORT GROUP FOR MOTH- professi and open to all lesbian, ga bisexual, transgender and Landscaping and stonework design, installation, maintenance. Stone ft. & Phase II consisting of 5,000 sq. ft., 104 Bowdoin St. 899-5418. CONCERNED UNITED BIRTH- ERS OF CHILDREN WHO HAVE SURVIVED CHILD SEXUAL r tioning adults age 23 and Check out this meeti patios, walkways, and walls. Garden design and installation. 2. Preliminary plat application PARENTS: A group offering sup- port if you have lost a child to ABUSE: The Women's Rape Crisis Center in conjunction with group R.U.1.2?. TRANS SOCIAL AND Portfolio available upon request. Todd Hotaling, BS Landscape #SD-06-33 and final plat #SD- 06-34 adoption or are in reunion or Family Connection Center offers SUP] GROUP: First Wednesday, ( Design/PSS. 802-233-7853. of O'Brien Brothers Agency for a planned unit development have yet to begin your search. 802-849-2244. a free, confidential, ten -week support group. Info, 802- P.M. Looking for peer supp FIND YOURSELF SCATTERED AND DISORGANIZED? Whether to construct a 50,000 sq. ft. EATING DISORDERS PARENTAL 864-0555. among other transgendered folks? Need a safe space to you're a professional or manag- contractor or building trade facility, 472 Meadowland Dr. SUPPORT GROUP for parents of children with or at PARTNERS OF CHILDHOOD SEXUAL ABUSE SURVIVORS. and be yourself? Check out group meeting at R.U.1.2? ing a home and children, the benefits of creating a healthy, 3. Final plat application #SD-06- risk of anorexia or bulimia. Meetings 7-9 p.m., third Meet 4th Monday of month. R.U,1.2? Center, 34. Elmwood 60+ SUPPORT GROUP: On weekly support for m creative, and organized living space are boundless. Let home 35 of F & M Development Co, LLC to amend a previously Wednesday of each month at the Covenant Community Church, Rt. Ave., 6:30-8 p.m. Call Timberty, 310-3889 or email missmor group and women over the age of Share your strengths and si organizer and family manage- ment coach, Annie Downey, help approved planned unit develop- 15, .Essex Center. We focus on pheusl@yahoo.com for more gtes with this particular sta you make over, deep clean and ment consisting of: 1) 309 resi- dential units in six (6) build- being a resource and providing reference points for old and new info. ALZHEIMER'S DISEASE and life. We have fun! Facilita by Barbara L. Kester, Ph.D. organize your home. or work . space. Free estimates and. fabu- ings, 2) subdividing two (2) ED parents. More information, Dementia support group. Held 3668. lous references. Call 802-318- parcels of 24.458 acres into eight lots, 3) a 73 unit multi- call Peter at 802-899-2554. HEPATITIS C SUPPORT GROUP: the last Tuesday of every month at Birchwood Terrace, TOPS (Taking Off Pounds Sensibly) Chapter meeting, 1700 today and get started on organizing your home! family dwelling, 4) a 4,430 sq. Second Wednesday of the month Burlington. Info, contact Francis Xavier School, Wino FREE SATELLITE TV system. ft. expansion into an indoor recreation facility, 5) a 63 unit from 6-7:30. Community Health Center, second floor, 617 Stefanie Catella, 863-6384. WEEKLY SMOKING CESSATION Sundays, 6 p.m. weigh-in, 7:30 p.m. meeting. Info, r Free installation. 800-784-7694. Ref.# A-33515222. congregate care housing facility, Riverside Ave., Burlington support group: Small groups. Fred or Bennye, 655-3317 c GENERAL CONTRACTOR, and 6) an existing 16,000 sq. ft. television studio & office build- 802-355-8936. SAVINGS SUPPORT GROUP for Caring atmosphere. Stop smoking in just 21 days using natural, Patricia, 658-6904. INTERESTED IN WRITING f HANDYMAN SERVICE. 20 years experience. Fences, outbuildings, ing. The amendment consists of: 1) increase the number of units all low to moderate -income Vermonters who wish to have proven, safe methods. No unhealthy drugs. Call 264-1924. children? Support and critiqu group meets monthly. Call. Ai additions, remodeling, bath- rooms, kitchens, carpentry, at 410 Farrell St. from 73 units support around saving, budget- WEEKLY WEIGHT -LOSS support 861-6000 or anne@booksbyr plumbing, masonry, wiring, to 74 units, and 2) constructing a 12' x 24' accessory structure, ing, managing or investing money. Call Diane at 802-860- group: Small groups. Caring atmosphere. Get great results NARCOTICS ANONYMOUS group of recovering addicts renewable energy systems.. Fully insured. Extensive references. Farrell St. 1417 x104 for information. using natural, proven, safe flue without the use of drug 518-425-0094. 4. Final plat application #SD-06- ALCOHOLICS ANONYMOUS, Big book text, Mondays, 8:30-9:30 methods. No unhealthy dieting. Call 264-1924. costs nothing to join. The c requirement for membership GREEN MOUNTAIN PAINTERS: Professional exterior 36 of Magic Hat Brewing Co to a.m. Overeaters Anonymous, FAMILY AND FRIENDS SUP- desire to stop using. Info, E painting/staining. Free esti- amend a previously approved. plan for a previously approved Tuesdays, 2:30-3:30 p.m. Suvivors of Incest Anonymous, PORT GROUP: If someone in your family or one of your 4516, or visit www.together net/-cvana. Held in Burling - mates! Fully insured. Quality work guaranteed. Serving the planned unit development con- Wednesdays, 2:30-3:30 p.m. Al- friends is in an abusive relation- South Burlington and Colchr greater Burlington area. Call sisting of three (3) commercial and industrial buildings on two Anon Family Group, Thursdays, 12:30-1:30.p.m. "I Love Me", an ship, this new support group is designed especially for you. For more information, call 8 8388 or toll -free, 1-866-972 802-654-7111. JOLLY ROGER'S BOAT CLEAN- (2) parcels totaling 6.73 acres. The amendment consists of educational support group on self care for suvivors of domestic Info, call Women Helping Battered Women 658-1996. 5266. ING: Quality boat care done by friendly locals in the Chittenden allowing overhead utility lines in and/or sexual violence. Mondays, PARENTING GROUP: 6-week county area. Call today for an place of underground lines, 5 Bartlett Bay Road. 5:30-7 p.m. Call. AWARE, 802- 472-6463, 88 High Street, group for people parenting chit - dren of all ages now forming. estimate. 802-324-7985. John DBurllinngtgtage, Chairmanon Hardwick. Please call RiverValley Associates South Bur Development for more information. 651-7520. Review Board Copies of the applications are available for public inspection at the South Burlington City Halt. May 17, 2006 i Permit Number SD- 3 S CITY OF SOUTH BURLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW 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 plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) See Attached List 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) F&M Development Company, LLC PO Box 1335, Burlington, VT 05402 (Tel) 658-7400 4) CONTACT PERSON (Name, mailing address, phone and fax #) Eric Farrell, PO Box 1335, Burlington, VT 05402-133.5 (Tel) 658-7400 x25 (Fax) 860-3594 5) PROJECT STREET ADDRESS: 345-514 Farrell Street 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Most recent amendment #SD-04-73. Increase from 73 to 74 residential units on Lot 9. Add separate storage building. Relocate handicap access ramp. Reduce parking by I space b) Proposed Uses on property (include description and size of each new use and existing uses to remain) See Attached Memo c) Total building square footage on property (proposed buildings and existing buildings to remain) No change to previously approved residential building footprint. Add separate storage building (12'x24'). d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) No change e) Number of residential units (if applicable, new units and existing units to remain) Increase from 380 to 381 units f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): See attached memo 8) LOT COVERAGE a) Building: Existing 19.9% #SD-05-73 b) Overall (building, parking, outside storage, etc) Existing 61.5 (corrected)% #SD-05-73 c) Front yard (along each street) Existing_% 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ No change c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC Proposed 19.9 % Proposed 61.5 % Proposed % Kffl] 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): No change I I)PEAK HOURS OF OPERATION: 12)PEAK DAYS OF OPERATION: 13)ESTIMATED PROJECT COMPLETION DATE: Entire PUD — projected Fall 2008 14) PLANS AND FEE Flat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). 2 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. �SIGNATURE OF APPLICANT SIGNATURE OF PROPERTV OWNER Do not write below this line DATE OF SUBMISSION: l V I have reviewed this final plat application and find it to be: Complete Incomplete 3 REVISED FOR EASTWOOD COMMONS II 5/12/2006 O'Dell Parkway PUD Farrell Street South Burlington, Vermont Lot Coverage Summary Parcel Size - Square Feet (includes Ben Franklin) Remarks Building Coverage Building Overall Coverage Coverage Overall Coverage 1,082,205 100.0% (square feet) (percentage) (square feet) (percentage) Per Existing Final Plat Approval (#SD-05-73) approval pending (8/16/05) 215,830 19.9% 665,775 61.5% correction on TV Station foorprint Current Application Changes Lot 1 - Mixed Use/TV Station No Change Lot 1 - Mixed Use No Change Lot 1 - TV Station No Change Lot 2 - Residential Use No Change Lot 3 - Residential Use No Change Lot 4 - Residential Use No Change Lot 5 - Common Land No Change Lot 6 - Common Land No Change Lot 7 - Common Land No Change Lot 8 - Twin Oak Sports do Fitness No Change Lot 9 - Residential Use Delete 1 parking space, add HC Ramp n/c Lot 10 - Common Land No Change Lot 11 - Senior Resource Center No Change Lot 11 - Senior Resource Center No Change - - i Coverage Totals 215,830 19.9%1 665,775 61.51/6 REVISED FOR EASTWOOD COMMONS II 5/12/2006 O'Dell Parkway PUD Farrell Street South Burlington, Vermont Parking Summary Lot Number Parking Parking Parking Parking Required Provided Waiver Waiver Amount Percentage Per Existing Final Plat Approval (#SD-05-73) Entire PUD 923 857 66 7.2% Proposed Changes No Use Changes 1 No Use Changes 1 No Use Changes 1 No Use Changes i No Use Changes 2 No Use Changes 3 No Use Changes 4 Common Land 5 Common Land 6 Common Land 7 No Use Changes 8 Add One Residential Unit 9 2 (1) Common Land 10 No Use Changes it No Use Changes 11 - - Revised Parking Totals (Per Today's Request) 925 856 69 7.576 L Prepared by: T. J. Boyle & Associates ODELL EASTWOOD II PLANTING SCHEDULE Trees 9/16/2005 Qty. Code Common Name Size Sec Notes wholesale installed 10 AFAB ACER x freemani'Autumn Blaze' Autumn Blaze Maple 2.5" cal. B&B $ 170.00 $ 4,250.00 8 AGA Amelanchier x grandiflora'Autumn Brilliance' Autumn Brilliance Serviceberry 7-8' ht. B&B multi -stem $ 145.00 $ 2,900.00 7 ARE ACER rubrum 'Embers' R ed Maple 2.5" cal. B&B $ 170.00 $ 2,975.00 7 BP BETULA papyifera Paper Birch 10-12' ht. B&B multi -stem $ 125.00 $ 2.187.50 6 FPP FRAXINUS p. 'Patmore' Patmore Ash 2.5" cal. B&B $ 165.00 $ 2,475.00 9 LD I LARIX decidua European Larch 6-8' B&B $ 115.00 $ 2,587.50 4 MLM IMagnolia x 'Loebneri 'Merrill' Leonard Messel Magnolia 10'-12' B&B $ 120.00 $ 1,200.00 4 MZC MALUS zumi'Calocarpa' Redbud Crab 3" cal. B&B $ 175.00 $ 1,750.00 2 PS PINUS strobus E] Eastern White Pine 6-T B&B $ 95.00 $ 475.00 2 PRS Prunus Sargent Sargent Cherry 2.5" cal. B&B $ 185.00 $ 925.00 7 QR QUERCUS rubs Red Oak 3"-3.5" cal. B&B $ 250.00 $ 4,375.00 2 SAT SALIX alba'Tristis' Golden Weeping Willow 2.5" cal. 8&B $ 140.00 $ 700.00 3 SR SYRINGA reticulata'Japanese True Lilac' Japanese True Lilac 2t.. cal. B&B $ 132.00 $ 990.00 sub -total $ 27,790.00 Shrubs Qty. Code Scientific Name Common Name Size Sec wholesale installed 5 AA ARONIA arbutifolia'Brilliantissima' Brilliant Red Chokeberry 4-5' B&B $ 32.00 $ 400.00 18 CA CLETHRA alnifolia Summersweet 24" B&B $ 18.00 $ 810.00 7 CEA COTONEASTER apiculata Cranberry Cotoneaster 24" B&B $ 18.00 $ 315.00 16 DG DEUTZIA gracilis Slender Deutzia 24" B&B $ 16.00 $ 640.00 7 EF EUONYMUS fortunei Wintercreeper Euonymus 24" B&B $ 18.00 $ 315.00 12 IGC ILEX labra'Compacta' Dwarflnkber 30" #5Cont. $ 35.00 $ 1,050.00 8 JBH 1JUNIPERUS horizontalis'Bar Harbor Bar Harbor Juniper 24" #5 Cont. $ 24.00 $ 480.00 22 JCOG JUNPERUS ch.'Old Gold' Old Gold Juniper 18" #3 Cont. $ 12.50 $ 68T50 25 JVGO JUNPERUS virginiana'Grey Owl' Grey Owl Juniper 18" #3 Cont. $ 12.00 $ 750.00 4 RCA RHODODENDRON catawbiense'Alba' White Catawba Rhododendron 30" B&B $ 35.00 $ 350.00 8 RPJM RHODODENDRON'P.J.M.' P.J.M. Rhododendron 24" B&B $ 28.00 $ 560.00 7 RRE RHODODENDRON'Roseum Elegans' Roseum Elegans Rhododendron 30" B&B $ 35.00 $ 612.50 90 RR ROSA rugosa Rugosa Rosa 24" #3 Cont. 4' O.C. $ 10.50 $ 2,362.50 50 SJLP SPIREAjaponica'Little Princess' Little Princess Spirea 18" #3 Cont. $ 13.25 $ 1,656.25 15 SBLP SPIREA x. b. 'Lemon Princess' Lemon Princess Spirea 24" B&B $ 16.00 $ 600.00 29 TMD TAXUS x m. 'Densiformis' Dense Yew 30" B&B $ 30.00 $ 2,175.00 87 TOH THUJA occidentalis'Holmstrup' Holmstrup Arborvitae 3.5' B&B T O.C. $ 30.00 $ 6,525.00 53 TON THUJA occidentalis'Nigra' Dark American Arborvitae 5.5-6' Ht. B&B $ 38.00 $ 5,036.00 2 VC VIBURNUM carlesii'Cayuga' Cayuga Viburnum 24" B&B $ 30.00 $ 150.00 2 VPT VUBURNUM p. t. 'Mariesii' Maires Doublefile Viburnum 5' B&B $ 38.00 $ 190.00 3 VTC VUBURNUMtrilobum'Compactum' CompactAmericanCranberrybush 3 B&B $ 24.50 i $ 183.75 sub -total $ 25,447.50 Groundcovers & Perrenials Qty. Code Scientific Name Common Name Size Sec wholesale installed Bulb Allowance Locations to be specified $ 600.00 154 HH Da illy Mix` 1 gal. Cont. 24" O.C. $ 5.00 $ 1,925.00 54 IS Iris siberica Siberian Iris 1gal. Cont. 24" O.C. $ 5.00 $ 675.00 PM Perrenial Mix $ _ SH Perrenial Shade Mix $ Dayuly mix to be equal quantities of Hemerocams'Green Flutter','Happy Returns', and'Hyperion' sub -total $ 3,200.00 Berm and Buffer Plantings Qty Code Common Name Size Sec Notes wholesale installed 16 AB ABIES balsamae Balsam Fir 16-18' ht. spaded $ 800.00 $ 12,800.00 9 AC AMELANCHIER canadensis Shadblow Serviceberry 6-T ht. B&B $ 90.00 $ 2,025.00 5 ARE ACER rubrum'Embers' R ed Maple 2.5" cal. B&B $ 170.00 $ 2,125.00 5 ASGM ACER s. 'Green Mountain' Green Mountain Sugar Maple 2.5-3" cal. B&B $ 290.00 $ 3,625.00 4 FP FRAXINUS pennsylvanica 6-7" cal. B&B $ 1,600.00 $ 6,400.00 7 PS2 PINUS strobus Eastern White Pine 9-10' ht. B&B $ 185.00 $ 3,237.50 10 PSY PINUS sylvestris Scotch Pine 9_10' ht. B&B $ 150.00 $ 3,750.00 sub -total $ 33,962.60 Total $ 90,400.00 F&M DEVELOPMENT COMPANY, LLC P.O. Box 1335, Burlington, VT 05402 802-658-7400 fax 802-860-3594 Memo To: Ray Belair From: Eric Farrell (� J ° Date: May 10, 2006 Re: O'Dell Parkway PUD - Final Subdivision Plat We hereby request permission to amend our Final Subdivision Plat. The modifications are limited to Lot 9, Eastwood Commons II, as outlined below: • Addition of one residential unit (#74) to be located on the first floor at the northern end of the building within the existing building envelope; therefore not requiring nor representing an expansion of the building footprint. • Addition of a detached trash collection facility (12'x24), identical to the one at Eastwood Commons (Lot 2). A picture of the Eastwood Commons facility is included. • Elimination of 1 parking space to accommodate the detached trash collection facility. • Relocation of the handicap ramp and designated parking spaces to the main entrance of the building. • Minor landscaping adjustments. The decision to relocate the trash collection function from the garage level of the building to a detached facility was prompted by our determination that we would need to add openings on the first floor of the north wing of the building to allow for proper ventilation of the trash collection area, resulting in the potential for light pollution at the northern end of the building from the garage level. Since our existing design (approval) reflects a compromise worked out with our northern neighbors, prohibiting light emissions from the garage level facing north, the only solution was to relocate the trash collection area. The 2-story volume that was to be occupied by the trash collection function was in - filled at the first floor level to accommodate the addition of one residential unit. The first floor level now contains doors and windows identical to those on the second and third floor levels serving that additional unit. The doors and windows on the first floor are screened from the north by the proposed landscaped Berm and fence. In this connection, enclosed please find the following materials for your review: 1 • Application For Final Subdivision Plat Review • Application Fee in the amount of $125 • Owners of Record • Lot Coverage Summary (revised) • Parking Summary (revised) • Picture of Trash Enclosure • O'Dell Eastwood II Planting Schedule ($90,400) • Drawings The following Drawings are provided: • Cover Sheet, O'Dell Parkwav PUD, Eastwood Commons II (issue date: 5/11/06) • Revised Final Plat O'Dell Parkway PUD (sheet 1, last revised 5/ 11/06) (replaces sheet 1, last revised 8/25/05, approved under #SD-05-73) • Site Plan (drawing C-2A, last revised 5/ 11/06) (replaces drawing C-2, last revised 9/ 15/05, approved under #SD-05-73) • Overall Site Plan (drawing C-3A, last revised 5 / 11 / 06) (replaces drawing C-3, last revised 9/ 15/05, approved under #SD-05-73) • Grading + Drainage Plan (drawing C-4A, last revised 5/ 11/06) (replaces drawing C-4A, last revised 9/ 15/05, approved under #SD-05-73) • Utilities Plan (drawing C-5A, last revised 5/ 11 / 06) (replaces drawing C-5A, last revised 9/ 15/05, approved under #SD-05-73) • Erosion Control Plan (drawing C-6A, last revised 5 / 11 / 06) (replaces drawing C-6A, last revised 9/ 15/05, approved under #SD-05-73) • Landscape Plan (Sheet N2, last revised 5/ 11/06) (replaces drawing N2, last revised 9/ 15/05, approved under #SD-05-73) • Page 2 • Landscape Plan (Sheet N2.1, last revised 5/ 11/06) (replaces drawing N2.1, last revised 9/ 15/05, approved under #SD-05-73) • Elevations: North Wind (Sheet 400, last revised 10/28/05) (replaces drawing DSK-04, dated 9/ 14/05 and drawing DSK-05, dated 9/ 14/05, both approved under #SD-05-60, copies attached) • Elevations: North Wing (Sheet 401, last revised 10/28/05) (replaces drawing DSK-06, dated 9/ 14/05, approved under #SD-05-60, copy attached) Lot Coverage Summary After several minor adjustments, the overall lot coverage remains unchanged. Traffic Summary A negligible increase in PM peak hour vehicle trips will result from the one additional unit at Eastwood Common II. Parking Summary The Parking Summary reflects an increase of two required spaces and a decrease of one provided spaces, resulting in an increase in the amount of parking waiver requested from 66 spaces (7.2%) to 69 spaces (7.5%). PUD Subdivision Plat • Lot 9 is increase from 2.180 acres to 2.222 acres by an adjustment of its westerly boundary line with Lot 1. Lot 1 is correspondingly reduced from 3.206 acres to 3.154 acres. Landscaping There are a few minor adjustments to the landscaping plans for Lot 9, which have no material effect on the value of the landscape budget. A revised summery is included reflecting the same dollar amount. The following is a summary of the proposed modifications by Lot Number: Lot 1 - Car Wash, TV Station &, Tower • No changes Lot 2 - Eastwood Commons • No changes 0 Page 3 Lot 3 - O'Dell Apartments • No changes Lot 4 - City's Edge • No changes Lot 5, 6 & 7 - Common Land • No changes Lot 8 - Twin Oaks • No changes Lot 9 - Eastwood Commons II • As set forth above Lot 10 - Common Land • No changes Lot 11 - Common Land • No changes Twin Oaks Schedule Twin Oaks has not settled on a schedule for its two planned additions and, therefore, wants to delay the installation of certain site and landscaping improvements that are directly related to its work, until the work is actually performed. Those improvements are, as follows: • Extension of the gravel access road to the west end of the building • Sidewalk connection from Lot 9 to Twin Oaks' main entrance • Plantings west of the building along the south side of the gravel access road • Plantings around the addition at the southeast corner of the building Please let me know if the modifications outlined in this amendment application can be processed administratively. Otherwise, please schedule us before the Development Review Board at its next available meeting. Enclosures 0 Page 4 No Text F&M DEVELOPMENT COMPANY, LLC P.O. Box 421., Burlington, VT 05402 802-863-4541 fax 802-865-1253 Memo To: Ray Belair, Administrative Officer Department of Planning and Zoning City of South u lington, Vermont From: Eric Farrell Date: 3/ 17/2006 Re: Permit Conditions - #SD-05-60 Permit Condition # 13 Attached please find a factory cut sheet for the wall -mounted light fixtures planned for the balcony area of each unit. These fixtures are the same as those used at Eastwood Commons. In addition, there will be recessed (can -type) fixtures under the canopies at each entrance to the building that will not be visible. Permit Condition # 1 To satisfy this condition, I have executed a Second Amendment to "Declaration of Covenants, Conditions, Restrictions, Easements, Liens and Development Rights for O'Dell Parkway PUD", which prohibits the parking of recreational vehicles anywhere on the PUD property. This amendment will be recorded immediately. For informational purposes, I have also enclosed a complete copy of the original document and First Amendment, both of which have been recorded. 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Download Instruction Sheet (French). @ 2005 Sea Gull Lighting Products, LLC �' LC Est Outdoor Lighting R Outdoor Lighting C Outdoor Lighting Outdoor Lighting C S(',��,arch Results Lighting Fixtures Site Map Lighting Finder Text Catalog Indoor l. igh ting Outdoor Lighting Ceiling Fans Energy Star Ligt Low Voltage Lighing Home Lighting Builder Lighting Chandeliers Ceiling Lighting Bathroom Lighting -A -- rlr�:> us �rkv tv oD Co L4A tu C) /V S http://www.seagulllighting.com/products/SiteCatalog.cfm?ss=8339-15 3/17/2006 SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, LIENS AND DEVELOPMENT RIGHTS FOR O'DELL PARKWAY PUD THIS SECOND AMENDMENT TO Declaration of Covenants, Conditions, Restrictions, Easements, Liens and Development Rights for O'Dell Parkway PUD (the "Amendment") is made by F&M DEVELOPMENT COMPANY, LLC, a Vermont limited liability company having its principal offices in Burlington, Vermont (the "Declarant"). Background 1. The Declarant has declared and established a planned until development known as O'Dell Parkway PUD, as described in the Declaration of Covenants, Conditions, Restrictions, Easements, Liens and Development Rights for O'Dell Parkway PUD, dated October 8, 2003 and recorded in Volume 649 at Pages 507-557 of the City of South Burlington Land Records (the "Declaration"). 2. On September 21, 2005, the City of South Burlington Development Review Board approved the Declarant's Final Plat Application #SD-05-60, for Eastwood Commons II, as part of the O'Dell Parkway PUD. As part of such final approval the City of South Burlington (the "City") required the Declarant to prohibit the parking of recreational vehicles within the PUD. 3. The Declarant makes and executes this Second Amendment to comply with the City's no parking requirement. NOW, THEREFORE, Declarant hereby amends the Declaration as follows: 1. The following shall be added to Section 14.7 of the Declaration: "(d) No recreational vehicles shall be parked anywhere on the PUD Property as defined in Section 1.2 hereof. In addition, only passenger cars, SUVs, pickup trucks, vans, and delivery/construction/maintenance vehicles on a temporary basis, may be parked on the PUD Property." 2. Except for the specific provisions amended herein, all of the original terms, conditions and provisions of the Declaration shall remain in full force and effect. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Declaration. IN WITNESS WHEREOF, the Declarant has executed or caused this Amendment to be executed as of this day of March, 2006. IN PRESENCE OF: F&M DEVELOPMENT COMPANY, LLC, Declarant t� k By. Witness Eric F. Farrell, Member and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS: At 11 j , in said County and State, this J�day of March, 2006, personally appear d ERIC F. FARRELL, Member and Duly Authorized Agent of F&M DEVELOPMENT COMPANY, LLC, to me known, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of F&M DEVELOP NT COMPANY, LLC. Before me, UD , Notary Public My Commission Expires: 02/10/07 2 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS EASEMENTS, LIENS AND DEVELOPMENT RIGHTS FOR O'DELL PARKWAY PUD This First Amendment to Declaration of Covenants, Conditions, Restrictions, Easements, Liens and Development Rights for O'Dell Parkway PUD (the "Amendment") is made by F&M DEVELOPMENT COMPANY, LLC, a Vermont limited liability company having its principal offices in South Burlington, Vermont (the "Declarant"). Back2round 1. The Declarant has declared and established a planned unit development known as O'Dell Parkway PUD, as described in the Declaration of Covenants, Conditions, Restrictions, Easements, Liens and Development Rights for O'Dell Parkway PUD dated October 8, 2003 and recorded in Volume 649 at Pages 507-557 of the City of South Burlington Land Records (the "Declaration"). 2. The preamble, definitions and signature lines of the Declaration improperly describe the Declarant as "F&M Development Company, a Vermont corporation." The correct name and entity status of the Declarant is "F&M Development Company, LLC, a Vermont limited liability company." 3. The Declarant makes and executes this First Amendment to correct the name and entity status of the Declarant. NOW, THEREFORE, Declarant hereby amends the Declaration as follows: 1. The definition of the Declarant in the preamble, definitions and signature lines of the Declaration shall be F&M Development Company, LLC, a Vermont limited liability company. 2. Except for the specific provisions amended herein, all of the original terms, conditions and provisions of the Declaration shall remain in full force and effect. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Declaration. IN WITNESS WHEREOF, the Declarant has executed or caused this Amendment to be executed as of the _' 'VAday of MOd' N 2004. W PRESENCE OF: Wi ss F&M DEVELOPMENT COMPANY, LLC By: -. Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. On this day of '\-k ,C (-A "' 2004, personally appeared Duly Authorized Agent of F&M DEVELOPMENT COMPANY, LLC, to me known to be the person who executed the foregoing instrument, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of F&M DEVELOPMENT COMPANY, LLC. Before me, otary Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 <211120.114$wgORWPDh - 2 - t,e IVrvu/� �u 3t Recorded in G So. Burlington :';;-ucrus CC� Attest: �,40 _. U JJ Donna S. Kinvilie, City Clerk DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, LIENS AND DEVELOPMENT RIGHTS FOR O'DELL PARKWAY PUD Dated as of October , 2003 [10/7/03] g TABLE OF CONTENTS Pawe ARTICLE 1 Submission; Defined Terms Section I.I. Submission....................................................... 3 Section 1.2. Definitions........................................................ 4 ARTICLE 2 Planned Communi , Property Section 2.1. Proper ......................................................... 6 Section 2.2. Description of Planned Community ................................... 6 Section 2.3. Lot Boundaries.................................................... 6 ARTICLE 3 Common Elements Section 3.1. Limited Common Elements ......................................... 6 Section 3.2. Common Elements ................................................. 7 Section 3.3. Allocated Interests ................................................. 7 ARTICLE 4 Occupancy and Use Section 4.1. Use of Lot ........................................................ 8 Section 4.2. Alteration of Lots .................................................. 8 Section 4.3. Declarant's Reservations ............................................ 8 Section 4.4. State and Municipal Laws ........................................... 9 Section 4.5. Permits and Approvals for Single Lot Projects ......................... 9 ARTICLE 5 Easements Section 5.1. Easement for Access ............................................... 9 Section 5.2. Easement for Completion; Utilities; Public Areas ....................... 9 Section 5.3. Easement for Support ............................................. 10 Section 5.4. Additional Easements ............................................. 10 Section 5.5. Association Easement for Upkeep ................................... 10 Section 5.6. Tennis Center Easements .......................................... 10 Section 5.7. Easements Shown on Plans ......................................... 12 [l0/7/03] - 1 - 0 ARTICLE 6 Damage or Destruction Section 6.1. Duty to Restore ................................................... 12 Section 6.2. Cost............................................................ 12 Section 6.3. Election Not to Rebuild ............................................ 12 ARTICLE 7 Termination; Condemnation Section 7.1. Requirements for Termination ...................................... 13 Section 7.2. Condemnation................................................... 13 ARTICLE 8 Insurance Section 8.1. Casualty Insurance ............................................... 13 Section 8.2. Liability Insurance ................................................ 13 Section 8.3. Other Provisions ................................................. 13 Section 8.4. Fidelity Coverage ................................................. 14 Section 8.5. Premiums....................................................... 14 Section 8.6. Separate Insurance ............................................... 14 Section 8.7. Adjustment; Insurance Trustee ..................................... 14 ARTICLE 9 The Association Section 9.1. Authority........................................................ 14 Section 9.2. Membership..................................................... 14 Section 9.3. Voting Rights .................................................... 15 Section 9.4. Board of Directors ................................................ 15 Section 9.5. Declarant Control ................................................ 15 Section 9.6. Miscellaneous.................................................... 16 ARTICLE 10 Assessment and Collection of Common Expenses Section 10.1. Definition of Common Expenses ................................... 16 Section 10.2. Assessment and Apportionment of Common Expenses ................. 16 Section 10.3. Common Expenses Attributable to Fewer than all Lots ................ 16 Section 10.4. Lien........................................................... 17 Section 10.5. Budget Adoption and Ratification .................................. 17 [10/7/031 - 11 - Section 10.6. Certificate of Payment of Common Expense Assessments .............. 17 Section 10.7. Payment of Common Expenses .................................... 17 ARTICLE 11 Maintenance Section 11.1. Maintenance of Common Elements ................................. 18 Section 11.2. Maintenance of Lots ............................................. 18 ARTICLE 12 Compliance and Default Section 12.1. Compliance..................................................... 18 Section 12.2. Rights of Lot Owners ............................................ 19 Section12.3. Waiver......................................................... 19 ARTICLE 13 Reserved Development Rights Section 13.1. Alteration of Lots ................................................ 19 Section 13.2. Amendment to Enlarge Planned Community ......................... 20 Section 13.3. Easement for Further Development ................................ 20 Section 13.4. Farrell Entities' Consent .......................................... 20 Section 13.5. Permits and Approvals for Further Development ..................... 20 Section 13.6. Amendments Under this Article .................................... 21 Section 13.7. Transfer of Declarant's Development Rights ......................... 21 Section 13.8. Farrell Entities' Reserved Rights ................................... 21 ". 1AN[91rl3fL1 Covenants and Environmental Restrictions Section 14.1. Use of Property Subject to Permits ................................. 22 Section 14.2. Promulgation of Rules and Regulations ............................. 22 Section 14.3. Architectural Control ............................................ 23 Section 14.4. Occupants Bound ................................................ 23 Section 14.5. Energy Conservation Measures .................................... 23 Section 14.6. Landscaping..................................................... 23 Section 14.7. Special Covenants ............................................... 23 Section 14.8. Amendments.................................................... 23 [10/7/03] - iii - IJ ARTICLE 15 Amendments Section 15.1. General........................................................ 24 Section 15.2. Rights Reserved in Declarant ...................................... 24 Section 15.3. Special Declarant Rights .......................................... 24 ARTICLE 16 Miscellaneous Section 16.1. Duration....................................................... 24 Section 16.2. Invalidity....................................................... 24 Section 16.3. Headings....................................................... 25 Section 16.4. Agent.......................................................... 25 Section 16.5. Declarant's Disclaimer for Economic Benefit ......................... 25 Section 16.6. Declarant's Disclaimer for Security ................................. 25 Section 16.7. Governing Law .................................................. 25 Exhibits Exhibit "A" - Property Description Exhibit "B" - Description of Additional Property Exhibit "C" - Bylaws of Association [10/7/03] - iv - DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS EASEMENTS, LIENS AND DEVELOPMENT RIGHTS FOR O'DELL PARKWAY PUD This Declaration of Covenants, Conditions, Restrictions, Easements, Liens and Development Rights for O'Dell Parkway PUD (the "Declaration") is made by and between F&M DEVELOPMENT COMPANY, a Vermont corporation having its principal offices in South Burlington, Vermont (the "Developer"); DAVID M. FARRELL and STEWART H. McCONAUGHY, Trustees u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor ("Trustees"); DAVID M. FARRELL, Trustee of the David M. Farrell Trust dated April 5, 1995 ("DMF, Trustee"); FARRELL CORPORATION, a Vermont corporation with a place of business in South Burlington, Vermont ("Farrell Corp."); SPORTS & FITNESS EDGE, INC. (f/k/a Burlington Indoor Tennis Center), a Vermont corporation with principal place of business in South Burlington, Vermont ("Tennis Center"); O'DELL BOND HOUSING LIMITED PARTNERSHIP and O'DELL ALLOCATED HOUSING LIMITED PARTNERSHIP, both Vermont limited partnerships with a place of business in Burlington, Vermont (collectively, the "O'Dell LPs"); DB MORRISSEY, LLC and EF FARRELL, LLC, both Vermont limited liability companies with a place of business in South Burlington, Vermont (collectively, the "Morrissey/Farrell LLCs"); and WRIGHT/MORRISSEY REALTY CORPORATION, a Vermont corporation with a place of business in South Burlington, Vermont ("Wright/Morrissey"). Background 1. Trustees are record owners of a parcel of improved real estate extending from the easterly side of Shelburne Road to the westerly side of Farrell Street, South Burlington, Vermont, which real estate is more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Trust Real Estate"). 2. DMF, Trustee is the record owner of a parcel of unimproved real estate on the westerly side of Farrell Street, South Burlington, Vermont, which real estate is more particularly described on Exhibit "A" attached hereto and incorporated herein ("DMF Trust Real Estate"). 3. Farrell Corp. is the record owner of a parcel of improved real estate on the easterly side of Shelburne Road, South Burlington, Vermont, which real estate is more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Corporation Real Estate"). 4. Trustee; DMF Trustee; and Farrell Corp. are designated collectively as the "Farrell Entities," and the Trust Real Estate, DMF Trust Real Estate, and Corporation Real Estate are designated collectively as the "Farrell Property." Developer is the lawful assignee of Daniel B. Morrissey regarding his rights and obligations arising under: (a) A Purchase & Sale Contract withNew Enterprises, Inc. dated December 9, 1998 to purchase said corporation's real estate which is more particularly described on Exhibit "A" attached hereto and incorporated herein (the "New Enterprises Land"). (b) An Option Agreement with Trustees, DMF-Trustee, and Farrell Corp. dated March 26,1999 to purchase the Farrell Property (the "Option Agreement"). [10/7/03] 6. Tennis Center is the record owner of a parcel of improved real estate on the westerly side of Farrell Street, South Burlington, Vermont, having an address of 75 Farrell Street, which real estate is more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Tennis Center Real Estate"). 7. The original boundaries of the Farrell Property, the New Enterprises Land and the Tennis Center Real Estate are depicted on a plat entitled: "Plat of Boundary Survey, Properties to be Included and Adjacent to O'Dell Parkway PUD, South Burlington, Vermont," prepared by Civil Engineering Associates, dated June, 2000 and recorded in Map Volume _ at Page of the City of South Burlington Land Records (the "Original Boundary Plat"). 8. The Developer, the Farrell Entities and the Tennis Center obtained permits for the construction of a mixed -use development project on the Farrell Property, New Enterprises Land and the Tennis Center Real Estate, such multiple uses including residential, retail, office space, lodging, restaurant, television broadcast facility and other commercial uses (the "PUD Project"), including the design, permitting and construction of a road constituting an extension of Farrell Street which shall run in a general east -west direction commencing at the westerly sideline of Farrell Street and terminating at its intersection with the easterly sideline of Shelburne Road (said road is hereafter referred to as "Farrell Street Extension"). 9. In connection with the PUD Project, the Developer, the Farrell Entities and the Tennis Center have created eight (8) lots of land as depicted on a plat entitled: "Final Plat, O'Dell Parkway PUD, South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., dated July, 2000, last revised May 13, 2002 and recorded in Map Volume 495 at Page 163 of the City of South Burlington Land Records (the "PUD Project Plat"). 10. The PUD Project is depicted on a set of plans entitled: "O'Dell Parkway PUD Project Plans, Farrell Street, South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., Sheet 1 of 2 being dated December, 2001 and being recorded in Map Volume _ at Page of the City of South Burlington Land Records and Sheet 2 of 2 being dated December 20, 2001 and being recorded in Map Volume at Page _ of the City of South Burlington Land Records (the "PUD Project Plans"). 11. The O'Dell LPs acquired all of Lot 3 as shown on the PUD Project Plat by Warranty Deeds dated February 28, 2003 and recorded in Volume 517 at Page 791 of the City of South Burlington Land Records and dated April 14, 2003 and recorded in Volume 605 at Page 437 of the City of South Burlington Land Records and the O'Dell LPs have developed a housing project on Lot 3 substantially as shown on the PUD Project Plans as further described in the declaration for the O'Dell Common Interest Community dated December 27, 2001 and recorded in Volume 534 at Page 66 of the City of South Burlington Land Records, as amended. 12. The Morrissey/Farrell LLCs acquired all of Lot 4, as depicted on the PUD Project Plat and PUD Project Plans (an undivided one-half interest each) by Special Warranty Deeds dated February 26, 2002 and recorded in Volume 543 at Pages 281 and 287 of the City of South Burlington Land Records. 13. Wright/Morrissey acquired all of Lots 5 and 6, as depicted on the PUD Project Plat and PUD Project Plans, by Special Warranty Deed dated December 31, 2002 and recorded in Volume 604 at Page 153 of the City of South Burlington Land Records. 14. The Developer intends to establish a mixed -use common interest community on the lands and premises depicted on the PUD Project Plat and PUD Project Plans, and the Developer, the Farrell [10/7/03] - 2 - Entities, the Tennis Center, the O'Dell LPs, the Morrissey/Farrell LLCs and Wright/Morrissey execute this Declaration for the purposes of subjecting their respective lands and property interests to the terms and conditions of the PUD Project and this Declaration. 15. In connection with the PUD Project, a master association will be established to be known as the O'Dell Parkway PUD Association, Inc., a Vermont non-profit corporation (the "Association"), the control of which is described in further detail in this Declaration. The Association will be responsible for the maintenance, repair and replacement ofthe common elements and facilities of the PUD Project described in this Declaration (until such portions of the PUD Project, if any, are accepted by the City of South Burlington as public improvements), including the pocket parks located on Lots 6 and 7, Farrell Street Extension, the stormwater detention pond located on Lot 5, and the storm water drainage system serving the PUD Project, all as depicted on the PUD Project Plans. 16. The Lots within the PUD Project may be developed by the Developer or Lot Owner for one or more housing and/or mixed -use commercial projects and one or more condominium regimes may be established for such housing and/or mixed -use commercial projects (each a "Single Lot Project" and collectively, the "Single Lot Projects"). The owners of each of the Single Lot Projects will be responsible for the maintenance, repair and replacement of all of the improvements and appurtenances located within their Single Lot Project and all improvements and appurtenances outside their Lot which serve only their Lot. In the event a condominium regime is established for a Single Lot Project, the condominium will be created by a separate declaration of condominium to be recorded in the City of South Burlington Land Records and shall be governed by a separate unit owners association (a "Single Lot Unit Owners Association"). The owner of each unit within a Single Lot Project will be subject to the terms and conditions of this Declaration. 17. The Developer, the Farrell Entities, the Tennis Center, the O'Dell LPs, the Morrissey/Farrell LLCs and Wright/Morrissey reserve a number of Development Rights in connection with the PUD Project, including the right to add real estate to the PUD Project, the right to create additional common elements or limited common elements, and the right to adjust the boundaries of the Lots (including further subdivision and/or combination of the Lots) or to convert portions of the Lots into common elements. NOW, THEREFORE, The Developer, the Farrell Entities, the Tennis Center, the O'Dell LPs, the Morrissey/Farrell LLCs and Wright/Morrissey hereby make and execute this Declaration for the purposes stated herein and upon the following terms and conditions. I:\ta-1 -14-M *I Submission; Defined Terms Section 1.1. Submission. The Developer, the Farrell Entities, the Tennis Center, the O'Dell LPs, the Morrissey/Farrell LLCs and Wright/Morrissey hereby submit the Property described in Exhibit "A" and as depicted on the PUD Project Plat and PUD Project Plans to the terms and conditions of this Declaration and to the provisions of Title 27A V.S.A. §§ 1-101 et seq., known as the Vermont Common Interest Ownership Act (the "Act"), and with respect to such Property hereby create a mixed -use planned community to be known as "O'Dell Parkway PUD," to be held, sold, transferred, conveyed, used, occupied, mortgaged, or otherwise encumbered subject to the reservations, covenants, conditions, restrictions, easements, assessments, liens and development rights hereinafter set forth which are for the purpose of protecting the value and desirability of the PUD Project, and which shall run with the title to such lands and premises, and [10/7/031 - 3 - which shall be binding on all parties having any right, title, or interest in or to the lands and premises comprising the PUD Project or any part thereof, and their respective heirs, legal representatives, successors, and assigns, and shall inure to the benefit of each and every owner of all or any portion of the Lots depicted on the PUD Project Plat and PUD Project Plans. Section 1.2. Definitions. Each capitalized term used herein without definition shall have the meaning specified in this Declaration or the Bylaws of O'Dell Parkway PUD Association, Inc. (the "Bylaws"), or if not otherwise defined in this Declaration or the Bylaws then as defined in the Act: "Act" means the Vermont Common Interest Ownership Act, 27A V.S.A. §§ 1-101 et seq. "Allocated Interests" means the Common Expense Liability and the votes in the Association. "Assessment" means the amount assessed against the owners of each Lot from time to time by the Association described below in the manner provided herein. "Association" means the O'Dell Parkway PUD Association, Inc., a Vermont non-profit corporation organized under § 3-101 of the Act. "Board of Directors" means the board of directors of the Association charged with the management and operation of the Association, being an Executive Board as defined in the Act. "Bylaws" means the Bylaws of the Association, as amended from time to time. "Common Elements" means all portions of the Property that are owned or will be owned or leased by the Association, and all appurtenances thereto, including, in particular, but not by way of limitation, the Common Lots but specifically excluding the Development Lots and Lot 8. "Common Expenses" means the expenditures made by or financial liabilities of the Association and any allocations to reserves. "Common Expense Liability" means the liability for Common Expenses allocated to each Lot pursuant to § 2-107 of the Act. "Common Lots" means Lot 5, Lot 6, and Lot 7 as shown on the PUD Project Plat. "Declarant" means the Developer, and its successors and assigns; provided, however, that the rights of the Declarant hereunder are subject to certain rights and reservations of the Farrell Entities, the Tennis Center, the O'Dell LPs, the Morrissey/Farrell LLCs and Wright/Morrissey with respect to their Lots, all as further described in this Declaration. "Declaration" means this Declaration of Covenants, Conditions, Restrictions, Liens, Easements and Development Rights for O'Dell Parkway PUD, as it may be amended from time to time, and includes all of the Exhibits hereto. "Development Lots" means Lot 1, Lot 2, Lot 3, and Lot 4 as shown on the PUD Project Plat, and any lot subsequently created by the subdivision, combination or adjustment of the boundaries of one or more of such lots, together with any new lot incorporated into the PUD and designated for the development of a Single Lot Project. (10/7/031 - 4 - "Development Rights" means any right or combination of rights reserved by the Declarant, the Farrell Entities, the Tennis Center, the O'Dell LPs, the Morrissey/Farrell LLCs and Wright/Morrissey in this Declaration to create Lots, Common Elements or Limited Common Elements within the PUD Project, to subdivide Lots or convert Lots into Common Elements, or to add or withdraw real estate from the Planned Community. The Declarant's Development Rights include all of the Special Declarant Rights defined in the Act. "Limited Common Elements" means a portion of the Common Elements allocated for the exclusive use of one or more, but less than all, of the Lots. "Lot" means a Unit as defined in the Act, being a portion of the Property, other than the Common Elements, intended for individual ownership and use as permitted in this Declaration and as numbered and depicted on the PUD Project Plat. Each Lot shall be developed in accordance with the PUD Project Plans, as the same may be amended from time to time. The ownership of each Development Lot shall include, and there shall pass with each Lot as an appurtenance thereto, a membership in the Association. Each Lot shall for all purposes constitute real property which may be owned in fee simple and which may be conveyed, transferred, or encumbered in the same manner as any other real property. "Lot Owner" means a Person who owns a Lot, including the Declarant for any unsold Lots, but does not include a person having an interest in a Lot solely as security for an obligation. "Person" means an individual, corporation, limited liability company, limited liability partnership, limited partnership, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. "Planned Community" means O'Dell Parkway PUD, a mixed -use common interest community in which portions of the real estate are designated for separate ownership by the Lot Owners and the remainder of the real estate is designated for ownership by the Association. "Property" means the real property, together with any improvements located thereon, which is declared and subjected to this Declaration by incorporation in the description set forth in Exhibit "A," and as depicted on the PUD Project Plat and PUD Project Plans, as amended from time to time. "PUD Project" means the mixed -use development project depicted on the PUD Project Plans, as the same may be amended from time to time. "PUD Project Plans" means the set of plans entitled: "O'Dell Parkway PUD Project Plans, Farrell Street, South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., Sheet 1 of 2 being dated December, 2001 and being recorded in Map Volume _ at Page _ of the City of South Burlington Land Records and Sheet 2 of 2 being dated December 20, 2001 and being recorded in Map Volume _ at Page _ of the City of South Burlington Land Records. "PUD Project Plat" means the plat entitled: "Final Plat, O'Dell Parkway PUD, South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., dated July, 2000, last revised May 13, 2002 and recorded in Map Volume 495 at Page 163 of the City of South Burlington Land Records. [10/7/031 - 5 - "Single Lot Project" means a project constructed on one or more of the Lots including, without limitation, the projects depicted on the PUD Project Plans or any other housing and/or mixed -use commercial development projects. "Single Lot Unit Owners Association" means an association or associations of unit owners which may be formed in connection with the establishment of a condominium regime for one or more Single Lot Projects. "Rules and Regulations" means the provisions and limitations promulgated from time to time by the Board of Directors governing the use of the Common Elements and Lots. ARTICLE 2 Planned Community Property Section 2.1. PropeEq. The Property consists of all and the same lands and premises, together with improvements thereon, and all easements and rights appurtenant thereto, as described in Exhibit "A" and as depicted on the PUD Project Plat and PUD Project Plans. Section 2.2. Description of Planned Community. As of the date hereof, the Developer and Lot Owners intend to develop the Property as a mixed -use development project, substantially as depicted on the PUD Project Plans, as the same may be amended from time to time. In furtherance thereof, O'Dell LPs have developed two housing projects on Lot 3 substantially as shown on the PUD Project Plans. Section 2.3. Lot Boundaries. The boundaries of the Lots shall be the lot lines depicted on the PUD Project Plat, as the same may be amended from time to time. The perimetric boundaries of the Lots are as depicted on the PUD Project Plat. The upper and lower horizontal boundaries of the Lots shall be determined and governed by common law rules for fee simple ownership of land. If any pipe, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a Lot, any portion serving only that Lot is a Limited Common Element allocated solely to that Lot, and any portion of it serving more than one Lot or any portion of the Common Elements is a part of the Common Elements. Each Lot shall have the burdens and the benefits of the easements set forth in Article 5 herein. ARTICLE 3 Common Elements Section 3.1. Limited Common Elements. (a) A "Limited Common Element" is a portion of the Common Elements allocated for the exclusive use of one or more, but less than all, of the Lots. (b) All fixtures or improvements designated to serve, attached to, or adjacent to only one Lot, but located outside the Lot's boundaries, are Limited Common Elements allocated exclusively to that Lot to which they are appurtenant. (c) Except as otherwise provided herein, any expense for maintenance, repair or replacement relating to a Limited Common Element allocated exclusively to one Lot shall be the [10/7/03] - 6 - responsibility of the Owner of the corresponding Lot. To the extent that any such Limited Common Elements are designed to serve more than one Lot (but less than all of the Lots), the repair and maintenance of such Limited Common Elements shall be the responsibility of the Lots in proportion to the corresponding benefit conferred by such Limited Common Element to such Lots, unless the Association has elected to assume responsibility for the maintenance and repair of such Limited Common Elements. Section 3.2. Common Elements. (a) The "Common Elements" consist of all the Property and appurtenances thereto described on Exhibit "A" and depicted on the PUD Project Plat and PUD Project Plans except the Development Lots and Lot 8. The Common Elements include, without limitation: (i) The Common Lots. (ii) All easements, restrictions, and other encumbrances included with the Property as described in Exhibit "A" or depicted on the PUD Project Plat or PUD Project Plans. (iii) Utility lines, equipment and other improvements serving the Property or serving more than one Lot. (iv) Farrell Street Extension until accepted by the City of South Burlington as a public road, Lots 6 and 7 upon which are located the pocket parks, the common land and detention basin and sediment pond located on Lot 5, the stormwater system for the PUD Project, all water mains, sewer mains and recreation paths until accepted by the City of South Burlington (if ever), and all trees, shrubs, landscaping, and other site improvements located on the Common Elements. (b) Except as otherwise set forth herein as to the use of the Limited Common Elements, the Common Elements shall remain undivided and shall be devoted to the common use and enjoyment of all Lot Owners. No Lot Owner or 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 Lot 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 Lot Owners. Use of the Common Elements shall be subject to the limitations set forth herein and to the Rules and Regulations regarding use thereof as shall be established from time to time by the Board of Directors. Section 3.3. Allocated Interests. Each Lot will be assigned the following Allocated Interest in the PUD Project and the Association: Lot l - 33.4% Lot 2 - 19.6% Lot 3 - 3 5.7% Lot 4 - 11.3% Lot 8 - 0.00% [10/7/03] - 7 - 1 In the event that the Declarant subjects additional lands to this Declaration (as described below) and thereby creates additional Lots, or in the event one or more of the Lots are withdrawn from the PUD Project, then the above -described Allocated Interests shall not be altered unless the additional Lot will enjoy the benefits of, or create new burdens on, the Common Elements, in which event the Allocated Interests shall be adjusted in accordance with the corresponding benefit and burden of each Lot on the Common Elements (excluding Lot 8). For purposes of this Declaration, the formula for adjusting the Allocated Interests in the event a Lot is added or removed shall be a fraction the numerator of which is the square foot size of the building on the new Lot and the denominator of which is the sum of 448,000 square feet and the square foot size of the building on the new Lot. Except as otherwise set forth herein for the redetermination of the Allocated Interest by Declarant upon the filing of an amendment to this Declaration to exercise Development Rights and/or Special Declarant Rights, the Allocated Interest shall be of a permanent character and may not be changed without the consent of all Lot Owners. Each Lot's Allocated Interest shall be determinative of all matters under the Act, this Declaration and the Bylaws which are properly determined by reference to the Allocated Interest, including, but not limited to each Lot Owner's vote for Association purposes and the allocation of Common Expenses. In the event that a Single Lot Project is developed as a common interest community, the unit owners within such common interest community shall designate a representative to cast the vote assigned to the Lot in all matters in which members of the Association are entitled to vote. Each such common interest community shall notify the Association of the name, address and telephone number of its designated representative, who shall be the appropriate person to receive notice for all Association matters. The Tennis Center joins in this Declaration for the sole purpose of subjecting its lands and premises (designated as Lot 8 on the PUD Project Plat) to the terms and conditions of this Declaration. However, since the existing Single Lot Project on Lot 8 does not enjoy or require the use of any of the Common Elements in the Project (except for the easements described below in Article 5), Lot 8 shall not be assigned an Allocated Interest and shall not be assessed any dues for the Common Expenses of the Association. Ownership of Lot 8 shall not include the right to use any Common Elements of O'Dell Parkway PUD, except for the easements described below in Article 5. The Allocated Interest for Lot 8 shall not be altered without the written consent of the Tennis Center or its successors and assigns. ARTICLE 4 Occupancy and Use Section 4.1. Use of Lot. Each Lot may be used for the development of a Single Lot Project. The occupancy of each Lot is subject to and benefitted by all easements, restrictions and permits of record, and as depicted on the PUD Project Plat, PUD Project Plans, and described in Article 5 and Exhibit "A." Section 4.2. Alteration of Lots. A Lot Owner may construct a Single Lot Project upon a Lot provided that the improvements associated with the Single Lot Project do not impair the Common Elements, Limited Common Elements, or infrastructure or utilities within any portion of the Planned Community and, if required, prior written approval has been obtained by the Declarant or Board of Directors as provided in Section 14.3. The boundaries between adjoining Lots may be relocated in accordance with the terms and requirements of § 2-112 of the Act. Section 4.3. Declarant's Reservations. Declarant reserves the right to use or maintain any portion of the Property (excluding Lots the Declarant has not acquired or Lots which have been sold to third parties) [10/7/03] - 8 - as sales offices, management offices, models, and for signs until such time as the Declarant has conveyed title to all of the Lots to third party Lot Owners. The Lot Owners and the Association shall not interfere with Declarant's efforts to complete the improvements to the foregoing Property, including the construction of Single Lot Projects on the Lots, to market and sell Lots and the Single Lot Projects, or with Declarant's exercise of any Development Rights reserved in Article 13. Section 4.4. State and Municipal Laws. Each Lot Owner shall comply with all applicable permits, codes, laws, ordinances, rules, and regulations, of the State of Vermont and City of South Burlington affecting the use of their respective Lots, the Limited Common Elements appurtenant thereto, and the Common Elements. Section 4.5. Permits and Approvals for Single Lot Projects. Each party to this Declaration for itself and its successors and assigns covenants that it shall not oppose or in any way express opposition to any future plan pertaining to the development of a Lot by Declarant, the Farrell Entities, the Tennis Center, the O'Dell LPs or the Morrissey/Farrell LLCs or construction or installation of improvements on a Lot which modifies the original PUD Project, provided, however, if such future plan proposes a change in use from the uses originally approved in the PUD Project Permits (defined below in Section 14.1), such change of use must be a permitted or conditional use under the then existing City Zoning and Planning Ordinance; and, further provided, such future plan does not require receipt of a "variance" as such term is defined in Title 24 V.S.A. § 4468, as it may be amended from time to time; and, further provided that if the PUD Project is not constructed that any such future plan does not increase lot coverage, or density or the demand for water, sewage disposal and electricity by a factor greater than five percent from what the lot coverage, density or such utility demands resulting from the construction of the PUD Project. Each party herein irrevocably acknowledges the receipt from every other party of legally sufficient consideration for said parry's covenant specified above. Said mutual covenants specified in this Subsection 4.5 shall terminate on that date which marks the 20' anniversary of this Declaration, running from the date that this Declaration is recorded in the City of South Burlington Land Records. ARTICLE 5 Easements Section 5.1. Easement for Access. Each Lot Owner is hereby granted an easement, in common with Declarant and every other Lot Owner, in all Common Elements for ingress and egress, including all roadways and recreation paths shown on the PUD Project Plat and PUD Project Plans until the same are accepted by the City of South Burlington as public roadways and paths; and for utility service, and support, maintenance and repair of each Lot, subject to the Rules and Regulations of the Association. Each Lot is hereby benefitted by an easement in common with others for ingress and egress through and over all Common Elements by Persons lawfully using or entitled to the same. Such easements and rights are subject to the limitations upon the use of the Limited Common Elements as otherwise set forth herein. Section 5.2. Easement for Completion; Utilities; Public Areas. For as long as the Declarant owns any interest in the Property, the Declarant hereby reserves for itself and its successors and assigns, easements, rights of way, and licenses, and the right to grant easements, rights of ways and licenses to others, over, under, across and through all of the Property for the purpose of. (i) completing the improvements to the Property described in this Declaration and the PUD Project Plans, including Single Lot Projects, roads, driveways, sewer, water and other utility lines, stormwater drainage systems, sidewalks, fences, trees, shrubs, landscaping, equipment and improvements, and for the purpose of sales activities, such as erecting signs advertising the Planned Community, some or all of the occupants of the Planned Community or the sale of [10/7/03] - 9 Lots within the Planned Community; (ii) providing utility service to the Property; and (iii) compliance with permits, laws, rules, regulations, ordinances and other governmental requirements. Until a Single Lot Project is constructed on each Development Lot, the Lot Owner of each Development Lot shall have the easements, rights of way, and licenses, together with the right to grant such easements, rights of ways and licenses to utility companies and providers of services, over, under, across and through all of the Property as shown on the PUD Project Plans for the purpose of: (i) completing the improvements to the Property described in this Declaration and the PUD Project Plans, including roads, driveways, sewer, water and other utility lines, stormwater drainage systems, sidewalks, fences, trees, shrubs, landscaping, equipment and improvements; (ii) providing utility service to the Lot Owner's Single Lot Project; and (iii) compliance with permits, laws, rules, regulations, ordinances and other governmental requirements. Section 5.3. Easement for Support. Each Lot and the Common Elements shall have an easement for lateral and subadjacent support from every other Lot and the Common Elements. Section 5.4. Additional Easements. The Board of Directors of the Association shall have the power (without submitting the same to the Lot Owners for approval) to authorize the appropriate officers of the Association to execute any and all easements as it may deem desirable for the benefit of the Planned Community over, under, above or through any of the Common Elements for such purposes and upon such teens as the Board, in its sole judgment, deems desirable; provided, however, that all such easements shall be subordinate to the liens and rights of all mortgages and deeds of trust recorded prior in time thereto unless the mortgagee or trustee shall otherwise agree by way of a subordination of such mortgage to such easement. Section 5.5. Association Easement for Upkeep. Maintenance, repair and replacement of the Common Elements and of the Lots shall be as provided for in this Declaration, the Bylaws, and the Act. Each Lot Owner shall afford to the Association and the other Lot Owners, and to their agents or employees, access across his or her Lot reasonably necessary for those purposes. If damage is inflicted on the Common Elements or any Lot through which access is taken, the Lot Owner responsible for the damage, or the Association, if it is responsible, shall promptly repair such damage. Section 5.6. Tennis Center Easements. The Tennis Center shall have the benefit of the following easements over the Farrell Properties: (a) A non-exclusive right-of-way for vehicular and pedestrian access from Farrell Street Extension to the eleven (11) parking space lot to be constructed on Tennis Center Real Estate southerly of the new building addition, said right of way being depicted on the PUD Project Plans as "24' R.O.W. to Burlington Indoor Tennis Center, Inc." (hereinafter, "Access Easement #I"). The surface of the land subject to Access Easement #I remains partially unimproved and therefore cannot presently be utilized to provide vehicular access. Accordingly, pending construction of improvements to such land surface sufficient to allow for vehicular traffic, the Tennis Center's rights to Access Easement # 1 shall be suspended and in lieu thereof the Tennis Center is granted the temporary easement specified in Subsection (c) below. The Tennis Center's right to utilize Access Easement # 1 is expressly conditioned on the further development of Lot 1 (as said lot is depicted on the PUD Project Plans) which development entails construction of additional building floor space suitable for human occupancy (either via an addition to a structure presently located on said lot or by construction of a new building thereon) and completion of such development to the extent that the surface of the land area encumbered by Access Easement #1 is improved sufficiently to allow for vehicular traffic thereon. The Tennis Center acknowledges that although Developer hopes to develop Lot 1, neither Developer nor Farrell Entities nor their respective successors or assigns is obligated to engage in such development. Further, the (10/7/031 - 10 - Developer and/or the Farrell Entities shall have the right to relocate said Access Easement #1, provided that such relocation shall be substantially equivalent to the original right of way. (b) A non-exclusive right-of-way for pedestrian and vehicular access to the eleven (11) space parking lot described in Subsection (a) above from the easterly boundary line of Shelburne Road via that strip of land depicted on the PUD Project Plans as "Bacon Street" (hereinafter, "Access Easement #2"). The surface of the land subject to Access Easement #2 remains partially unimproved and therefore cannot presently be utilized to provide vehicular access. Accordingly, pending construction of improvements to such land surface sufficient to allow for vehicular traffic, the Tennis Center's rights to Access Easement #2 shall be suspended and in lieu thereof the Tennis Center is granted the temporary easement specified in Subsection (c) below. The Tennis Center's right to utilize Access Easement #2 is expressly conditioned on the further development of Lot I which development entails construction of additional building floor space suitable for human occupancy (either via an addition to a structure presently located on said lot or by construction of a new building thereon) and completion of such development to the extent that the surface of the land area encumbered by Access Easement #2 is improved sufficiently to allow for vehicular traffic thereon. The Tennis Center acknowledges that although Developer hopes to develop Lot 1, neither Developer nor Farrell Entities is obligated to engage in such development. Further, the Developer and/or the Farrell Entities shall have the right to relocate said Access Easement #2, provided that such relocation shall be substantially equivalent to the original right of way. (c) A non-exclusive temporary parking and pedestrian easement benefitting the Tennis Center Real Estate consisting of eleven (11) parking spaces, located on the Farrell Property at a location thereon to be designated in writing by the Farrell Entities provided said location must be reasonably proximate to the westerly boundary line of the Tennis Center Property and further provided that the use of said easement shall be without expense to the Tennis Center and further provided said easement shall expire at such time as the land surface of Lot 1 which is subject to Access Easement # 1 or Access Easement 42 is sufficiently improved to allow for vehicular traffic. In addition, until such time that the land surface of Lot 1 which is subject to Access Easement 41 or Access Easement 42 is sufficiently improved to allow for vehicular traffic, Tennis Center shall have a temporary access easement over the easterly portion of Lot 1 for vehicles and pedestrians (including construction vehicles) for the purpose of repairing or expanding the building on the Tennis Center property. This temporary access easement is subject to the following requirements: (i) the location and path of the temporary access easement shall be designated by Developer and the Farrell Entities; (ii) Tennis Center shall repair all damage to Lot 1 caused by its use of this temporary access easement to its original condition, reasonable wear and tear excepted; and (iii) Tennis Center shall indemnify, defend and save Developer and the Farrell Entities harmless from all claims, losses, damages and expenses, including reasonable attorneys' fees, associated with or derived from its use of this temporary access easement. The pedestrian rights of way and temporary pedestrian easement provided for in Subsections (a), (b) and (c) above shall be utilized at the sole risk of the Tennis Center and its employees, agents, contractors, guests and invitees, and the Tennis Center shall indemnify and hold the Farrell Entities, the Association, and Developer, and their respective successors and assigns, harmless from any and all claims, losses, damages and expenses, including reasonable attorneys' fees, associated with or derived from the use of the aforementioned [10/7/03] - 11 - pedestrian rights of way and temporary pedestrian easement. The provisions set forth above in Subsections (a), (b) and (c) shall not be amended without the written consent of the Tennis Center or its successors and assigns. Section 5.7. Easements Shown on Plans. The Lots are subject to additional easements in favor of the individual Lots, the Association, utility companies and the City of South Burlington as more particularly shown on a set of plans entitled: "O'Dell Parkway P.U.D., Farrell Street, South Burlington, Vermont, Overall Easements to City of South Burlington, to Utility Companies, to the Lot Owners Association and to Individual Lots," prepared by Civil Engineering Associates, Inc. with Sheet 1 being dated April, 2001, last revised January 24, 2002 and recorded in Map Volume 495 at Page 100 of the City of South Burlington Land Records, Sheet 2 being dated April, 2001, last revised December 17, 2001 and recorded in Map Volume 495 at Page 105 of the City of South Burlington Land Records, Sheet 3 being dated April, 2001, last revised November 19, 2001 and recorded in Map Volume 495 at Page 106 of the City of South Burlington Land Records, and Sheet 4 being dated April, 2001, last revised November 19, 2001 and recorded in Map Volume 495 at Page 107 of the City of South Burlington Land Records. ARTICLE 6 Damage or Destruction Section 6.1. Duty to Restore. Any portion of the Property for which insurance is required under 27A V.S.A. § 3-113, or for which insurance carried by the Association is in effect, whichever is more extensive, shall be repaired or replaced promptly by the Association unless: (a) The Planned Community is terminated, in which case § 2-118 of the Act shall apply; (b) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; or (c) Eighty percent (80%) of the Lot Owners vote not to rebuild as provided in Section 6.3. Section 6.2. Cost. The cost of repair or replacement in excess of insurance proceeds shall be a Common Expense. Section 6.3. Election Not to Rebuild. If less than the entire Planned Community is repaired, replaced, or rebuilt: (a) The insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the remainder of the Planned Community; and (b) Except to the extent that other persons will be distributees: (i) the insurance proceeds attributable to Limited Common Elements which are not rebuilt shall be distributed to the owners of the Lots to which those Limited Common Elements were allocated, or to lienholders, as their interests may appear in proportion to the Common Expense Liability of all of the Lots; and (ii) the remainder of the proceeds shall be distributed to all of the Lot Owners or lienholders, as their interests may appear, in proportion to the Common Expense Liability of those Lots. [10/7/03] - 12 - ARTICLE 7 Termination, Condemnation Section 7.1. Requirements for Termination. The Planned Community may be terminated only by the recorded agreement of the Lot Owners to which at least eighty percent (80%) of the votes in the Association are allocated and only in accordance with and subject to the provisions of § 2-118 of the Act. Section 7.2. Condemnation. If all or a part of the Planned Community is taken by any power having the authority of eminent domain, all compensation and damages arising from such taking shall be payable in accordance with § 1-107 of the Act. Insurance Section 8.1. Casualty Insurance. In order to ensure that sufficient reconstruction or repair funds, or both, will be available to the Association if and when needed, the Board of Directors shall obtain insurance for the Common Elements on the Property, in such amounts as it shall determine, to provide not less than one hundred percent (100%) of the current replacement value (exclusive of foundations, land, excavations, and other items that are normally excluded from such insurance coverage) in the event of damage or destruction from the casualty against which such insurance is obtained. Such insurance shall protect against fire and all other hazards or perils customarily covered and the proceeds of such insurance shall be used only forthe repair, replacement and reconstruction of the Common Elements unless determined otherwise in accordance with Article 6. The Board of Directors may elect such endorsements and deductible provisions as are, in its judgment, consistent with good business practice and the purpose for which the insurance is bought. Any such policy shall provide that it cannot be canceled or substantially changed, except upon at least ten (10) days' written notice to the insured. Section 8.2. Liability Insurance. The Board of Directors of the Association shall also purchase broad form comprehensive liability coverage in such amounts and in such forms as prudent management practice suggests. A policy shall provide that it cannot be canceled or substantially changed, except upon at least ten (l 0) days' written notice to the insured. that: Section 8.3. Other Provisions. Insurance policies carried pursuant to this Section shall provide (a) Each Lot Owner is an insured person under the policy to the extent of liability, if any, arising out of his or her interest in the Common Elements or membership in the Association. (b) The insurer waives its rights to subrogation under the policy against any Lot Owner. (c) No act or Omission by any Lot Owner, unless acting within the scope of his or her authority on behalf of the Association, will void the policy or be a condition to recovery under the policy. (d) If, at the time of a loss under the policy, there is other insurance in the name of a Lot Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. [10/7/03] - 13 - Section 8.4. Fidelity Coverage. The Association may obtain fidelity coverage against dishonest acts on the part of the Board of Directors, managers, employees and volunteers responsible for handling funds belonging to or administered by the Association in such amounts and in such forms as prudent management practices suggest. Any such policy shall provide that it cannot be canceled or substantially changed, except upon at least ten (10) days written notice to the insured. Section 8.5. Premiums. Premiums and expenses for all insurance and fidelity coverage purchased by the Association shall be Common Expenses. Where insurance premiums are increased as a result of increased risk attributable to a particular Lot, the Lot at issue shall be responsible for the increase, based upon the insurance carrier's appraisal of risk inherent to said Lot. A levy made against a Lot for an increase in premiums may be enforced in the same manner as Common Expenses. Section 8.6. Separate Insurance. Each Lot Owner shall be responsible for obtaining, at his or her own expense, separate casualty and liability insurance for his or her own Lot and the Single Lot Project constructed thereon. No insurance purchased by the Association shall in any way prejudice the right of each Lot Owner to obtain insurance for his or her own Lot and the Single Lot Project thereon for his or her own benefit, nor shall the insurance purchased by the Lot Owner prejudice the Association's rights and protection under policies purchased by the Association under this Declaration. All such separate policies of insurance obtained by a Lot Owner shall contain a waiver of subrogation if available. Section 8.7. Adjustment; Insurance Trustee. Any loss covered by the property policy shall be adjusted with the Association, but the proceeds for that loss are payable to any insurance trustee designated in the policy for that purpose, or otherwise to the Association, in either case to be held in trust for the Association, each Lot Owner and such Lot Owner's mortgagee, as their interests may appear. ARTICLE 9 The Association Section 9.1. Authority. The business affairs of the Planned Community shall be managed by the Association. The Association shall be governed by the Bylaws, a copy of which is incorporated as Exhibit "C," as they may be amended from time to time. Section 9.2. Membership. (a) Each Lot (other than the Common Lots) shall be assigned one appurtenant and indivisible membership in the Association which may not be assigned, hypothecated, pledged or transferred in any manner except as an indivisible appurtenance to the Lot. Multiple or joint Owners of a single Lot shall be treated for all purposes as jointly owning and holding the one membership appurtenant to that particular Lot. In the event that a Single Lot Project is developed as a common interest community, the unit owners within such common interest community shall designate a representative to cast the vote assigned to the Lot in all matters in which members of the Association are entitled to vote. (b) A membership appurtenant to a Lot shall be initiated by the recording of this Declaration in the City of South Burlington Land Records as to the Declarant, the Farrell Entities, the Tennis Center, the O'Dell LPs, the Morrissey/Farrell LLCs and Wright/Morrissey, and as to third party purchasers by: (i) the recording of a deed in the City of South Burlington Land Records conveying a Lot to a purchaser; or (ii) the issuance of a certificate of occupancy by the City of South Burlington Land Records for a Single Lot Project (10/7/031 - 14 - constructed on a Lot, whichever sooner occurs. Once a membership is initiated, liability for Common Expenses shall automatically commence. (c) The number of memberships in the Association shall automatically increase if additional Lots are declared and subjected to this Declaration by the subdivision of existing Development Lots or by the annexation of additional lands (as described below in Section 13.2). (d) Liability for Common Expenses shall be assessed among the Lot Owners in accordance with their Allocated Interest, unless altered as hereinafter set forth in Section 9.6. Section 9.3. Voting Rights. Initially, there shall be two classes of membership in the Association, voting memberships and non -voting memberships. A voting membership shall be any membership owned and held by Declarant, the Farrell Entities, the O'Dell LPs, or the Morrissey/Farrell LLCs as a Lot Owner. A non -voting membership shall be any membership owned and held by any Lot Owner other than Declarant, the Farrell Entities, the O'Dell LPs or the Morrissey/Farrell LLCs. All memberships in the Association shall automatically become voting memberships: (i) sixty (60) days after the sale by Declarant and/or the Farrell Entities and/or the Morrissey/Farrell LLCs of Lots 1, 2 and 4 in the Planned Community to third parties; (ii) two (2) years after the Declarant, the Farrell Entities or the Morrissey/Farrell LLCs have ceased to offer Lots for sale; (iii) two (2) years after the exercise of any Development Rights to add new Lots; or (iv) upon Declarant amending the Declaration and Bylaws to make all memberships voting memberships, whichever is the first to occur. Thereafter only one class of voting membership shall exist. Notwithstanding the foregoing, non -voting memberships shall be entitled to vote on those matters, identified in the Act, upon which Lot Owners may vote during the period of Declarant control. When a membership is a voting membership, each Lot Owner, or one of the Lot Owners if record title in a Lot is held by more than one person, shall be entitled to vote in any meeting of the membership, in accordance with their respective Allocated Interest. Section 9.4. Board of Directors. The initial Board of Directors shall be three (3) in number and shall be appointed by the Declarant acting in its sole discretion and shall serve at the pleasure of the Declarant, so long as the Declarant retains control of the Association. Notwithstanding the foregoing, at least thirty-three and one-third percent (331/3%) of the members of the Board of Directors shall be elected by Lot Owners who are not the Declarant within sixty (60) days after twenty-five percent (25%) of the Lots are conveyed to Lot Owners (other than the Declarant or the Association). For so long as the Farrell Entities own a Development Lot in the Planned Community, the Farrell Entities shall be entitled to designate one member of the Board of Directors. This right shall expire when the Farrell Entities have sold both Lot 1 and Lot 2 and shall not be reinstated if the Farrell Entities reacquire a Development Lot after the initial sale. Section 9.5. Declarant Control. The Declarant will convey (or cause to be conveyed) to the Association marketable title to the Common Elements by a customary form of deed for making such a transfer for One Dollar ($1.00), and the Association will accept said title. Said conveyance of title (and the transfer of control of the Association which may or may not be made at the same time) shall be made: (i) sixty (60) days after the sale by Declarant and/or the Farrell Entities and/or the Morrissey/Farrell LLCs of Lots 1, 2 and 4 in the Planned Community to third parties; (ii) two (2) years after the Declarant and the Farrell Entities and the Morrissey/Farrell LLCs have ceased to offer Lots for sale; (iii) two (2) years after the exercise of any Development Rights to add new Lots; or (iv) voluntary relinquishment of control in writing by the Declarant, whichever is the first to occur. Except as set forth herein with respect to the exercise of Development Rights by the Farrell Entities (described below in Section 13.9), as long as Declarant retains control of the Association, no person may record any declaration or amendment to this 110/7/03] - 15 - Declaration or similar instrument affecting any portion of the Planned Community without Declarant's and O'Dell LPs' written consent thereto, and any attempted recording without compliance herewith shall result in such or similar instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant. Section 9.6. Miscellaneous. In addition to any other powers and authority given the Association or its Board of Directors in the Bylaws or in this Declaration: (a) Common Expenses of the Association shall be borne among the Lots in accordance with their Allocated Interest, except that the Board of Directors may allocate expenses among the Lots on a different basis if the basis is reasonably related to the benefits of the services provided. (b) The Board of Directors may enter into a management agreement to operate the affairs of the Association until such time as all memberships in the Association become voting memberships. At the time all memberships become voting memberships, any management agreement entered into by Declarant may be terminated by the Association without cause upon giving ninety (90) days notice. (c) The Association shall maintain current copies of its Declaration, Bylaws, and any Rules and Regulations concerning the Planned Community, as well as its own books, records and financial statements. These will be available for inspection by Lot Owners or First Mortgagees. ARTICLE 10 Assessment and Collection of Common Expenses Section 10.1. Definition of Common Expenses. Common Expenses shall include: (a) Expenses of administration, maintenance, and repair or replacement of the Common Elements. (b) Expenses declared to be Common Expenses by the Board of Directors or by the Act. (c) Expenses agreed upon as Common Expenses by the Association. (d) Such reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Elements or any other real or personal property acquired or held by the Association. Section 10.2. Assessment and Apportionment of Common Expenses. Except as provided in Sections 9.6 and 10.3, all Common Expenses shall be assessed against all Lots in accordance with their Allocated Interest in the Common Expenses as set forth in this Declaration. If the Common Expense Liability is modified due to a redetermination of the Allocated Interests, any Assessments for Common Expenses not yet due shall be recalculated in accordance with the modified Common Expense Liability. Section 10.3. Common Expenses Attributable to Fewer than all Lots. The Common Expenses shall be assessed against each Development Lot, according to the allocation of Common Expense Liability set forth in this Declaration, except the following expenses may be assessed against less than all of the Lots: h0/7/03l - 16 - (a) Any Common Expense for services provided by the Association to an individual Lot at the request of the Lot Owner shall be assessed against the Lot which benefits from such service. (b) Any insurance premium increase attributable to a particular Lot by virtue of activities or construction of the Lot shall be assessed against that Lot. (c) Assessments to pay a judgment against the Association may be made only against the Lots in the Common Interest Community at the time the judgment was rendered, in proportion to their Common Expense Liabilities. (d) Any Common Expense arising from the misconduct of a Lot Owner. (e) Fees, charges, late charges, fines and interest charged against a Lot Owner pursuant to the Declaration, the Bylaws, the Rules and Regulation of the Association, and the Act are enforceable as Common Expense assessments. (f) Any expense incurred by the Board of Directors and/or the Association on behalf of a Lot Owner or as a result of a Lot Owner's failure to perform any of the obligations under Section 11.2(b) hereof is a Common Expense. Section 10.4. Lien. The Association has a statutory lien on a Lot in accordance with § 3-116 of the Act for any Assessment imposed against a Lot Owner. Section 10.5. Budget Adoption and Ratification. Within thirty (30) days after adoption of any proposed budget for the Planned Community, the Board of Directors shall provide a summary of the budget to all the Lot Owners. The Board of Directors shall set a date, not less than fourteen (14) nor more than thirty (30) days after the date the budget summary is sent to the Lot Owners, for a meeting of the Lot Owners to ratify the budget. The budget shall be ratified, unless Lot Owners whose Lots together comprise more than fifty percent (50%) of the Allocated Interests reject the budget, whether or not a quorum is present. If the budget is rejected, the budget last ratified by the Lot Owners shall be in effect until the Lot Owners ratify a budget proposed by the Board of Directors. If the Board of Directors votes to levy a Common Expense assessment not included in the current budget, in an amount greater than fifteen percent (15%) of the current annual operating budget, the Board of Directors shall submit such Common Expense to the Lot Owners for notice and ratification in the same manner as a budget under this Section. Section 10.6. Certificate of Payment of Common Expense Assessments. The Association on written request shall furnish to a Lot Owner a statement in recordable form setting forth the amount of unpaid assessments against the Lot and any other matters required by § 4-109 if the Act. The statement shall be furnished within ten (10) days after receipt of the request and is binding on the Association, the Board or Directors and every Lot Owner. Section 10.7. Payment of Common Expenses. All Common Expenses assessed under Sections 10.2 and 10.3 shall be due and payable as determined by the Board of Directors. Any past due payments shall accrue interest at the legal rate which on the date of this Declaration is twelve percent (12%) per annum. t10/7/03] - 17 - ARTICLE 11 Maintenance Section I I. I. Maintenance of Common Elements. The Association shall maintain and keep in good repair at all times the Common Elements, including, without limitation, the roadways, pedestrian paths, pocket parks, water lines and sewer lines in each case except to the extent (if at all) accepted by the City of South Burlington, the stormwater drainage system and detention pond, lighting, landscaping, open space, utility lines and related facilities. The maintenance shall be performed in a workmanlike manner. In addition, the Association shall have the right, but not the obligation, to maintain property not owned by the Association where the Board has determined that such maintenance would benefit the Owners and the Association shall have the obligation to maintain such property not owned by the Association as required by any permit or approval of the Planned Community by any governmental agency. Section 11.2. Maintenance of Lots. (a) Each Lot Owner shall maintain, repair and replace, at its own expense, all portions of its Lot and the Single Lot Project located thereon in good repair. Such maintenance shall be consistent with this Declaration. Each Lot Owner shall be responsible for paying the real estate taxes assessed against the Lot and for insuring the Lot and all improvements thereon. Each Lot Owner shall also be responsible for maintaining and repairing all Limited Common Elements which serve only the Lot (whether located within or outside the boundaries of the Lot), including all electricity, telephone, cable television, gas, water, sewer, or stormwater pipes, lines, ducts, conduits, or other apparatus which serve only the Lot. However, the Board of Directors may, by rule, decide to maintain any portion of the Lots or Limited Common Elements. (b) In the event that a Lot Owner should fail to perform any obligation required in subsection (a) hereof as may be determined by the Board of Directors, then the Board of Directors may provide for the performance of any such neglected obligation by whatever reasonable means it may determine in its sole discretion. In case of emergency as determined by the Board of Directors, it may act immediately; and in all other cases the Board of Directors may act hereunder following thirty (30) days written notice to the Lot Owner specifying the nature of the default and the actions required to cure the default. All expenses incurred by the Association as a result of taking action under this section shall be chargeable to the Lot Owner as provided for under Sections 9.6 and 10.3 hereof. ARTICLE 12 Compliance and Default Section 12.1. Compliance. Each Lot Owner shall be governed by and with, all of the provisions of this Declaration, the Bylaws, any Rules and Regulations established by the Board of Directors of the Association, as the same may be amended from time, and the Act. In addition to the remedies provided by the Act, the Declaration, or the Bylaws, the failure of a Lot Owner to comply with any of said requirements shall entitle the Association acting through its Board of Directors or through its agent or an aggrieved Lot Owner, to the following relief after appropriate notice to the defaulting Lot Owner: [10/7/03] - 1 g - (a) Liabili . A Lot Owner shall be liable for the expenses of any maintenance, repair, or replacement rendered by the Lot Owner's act, neglect, or carelessness or by that of any employees, agents, lessees, or other invitees. No Lot Owner shall conduct any activity which may result in an increase in insurance rates occasioned by use, misuse, occupancy, or abandonment of a Lot or its appurtenances, or of the Common Elements. (b) Fines. The Board of Directors of the Association shall have the right to impose upon a defaulting Lot Owner a reasonable fine, commensurate with the severity of the violation of any of the provisions of the above -referenced documents, which fine shall become a continuing lien against the Lot of the defaulting Lot Owner enforceable in the manner provided by the Act and the Bylaws. (c) Iniunctions. The Board of Directors of the Association or any aggrieved Lot Owner shall have the right or remedy by appropriate legal proceedings, either at law or in equity, to abate or enjoin the continuance of any violation of the provisions of the above -referenced documents, including, without limitation, an action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all assessments, any combination thereof, and any other relief afforded by a court of competent jurisdiction. Such remedies shall be deemed cumulative and shall not constitute an election of remedies. The failure of the Association or its Board of Directors to enforce any rights, covenants, or conditions of the Planned Community shall not constitute a waiver of the right to enforce such rights, covenants, or conditions in the future. There shall be and there hereby is created and declared to be, a conclusive presumption that any violation or breach, or any attempted violation or breach, of any of the covenants and restrictions of the Declaration or Bylaws shall so damage the Planned Community and its property values that it cannot be adequately remedied by action at law or exclusively by recovery of damages. (d) Costs and Attorneys' Fees. In any proceeding of an alleged failure of a Lot Owner to comply with the terms of this Declaration, the Bylaws, or the Rules and Regulations of the Association, the prevailing party shall be entitled to recover the costs of the proceeding and reasonable attorneys' fees. Section 12.2. Rights of Lot Owners. Each Lot Owner shall have a right of action against the Association (after written notice and an opportunity to cure) for failure of the Association to comply with the provisions of this Declaration, the Bylaws, the Rules and Regulations of the Association. Section 12.3. 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 13 Reserved Development Rights Section 13.1. Alteration of Lots. Declarant reserves the right to alter the layout and arrangement of the Lots (except for Lots which have not been acquired by Declarant or acquired Lots that have been sold by Declarant to Lot Owners), said right to last as long as the Declarant controls the Association or owns any of the Lots so altered. if Declarant shall make any such alterations, they shall be reflected in an amendment to this Declaration. The Declarant may make any structural alterations within or affecting any Lot, so long as Declarant owns said Lot, without the prior written consent of the Board of Directors, provided that such alterations do not materially adversely affect the existing interests of a conveyed Lot or Lots in the altered h0/7/031 - 19 - Lots (e.g., Declarant cannot unilaterally alter the layout or arrangement of Lot 5 and the stormwater detention pond located thereof that benefits Lot #3). Also if Declarant exercises its rights under this Article, it shall be solely responsible for payments of all costs it incurs in connection therewith, including Sough Burlington Development Review Board approval and the revisions to the P.U.D. Section 13.2. Amendment to Enlarge Planned Community. For so long as the Declarant owns any interest in the Property, the Declarant reserves for itself and its successors and assigns, the absolute right, which may be exercised at any time or from time to time in the Declarant's sole discretion, to develop and improve all of the Property. The location and configuration of the Lots proposed for the Property on the PUD Project Plat and PUD Project Plans may be modified by the Declarant in its sole discretion (except for Lots which have not been acquired by Declarant or acquired Lots that have been sold by Declarant to Lot Owners). Declarant also reserves the right, in its sole discretion, at any time or from time to time to amend this Declaration to complete the Planned Community or to subject additional property to this Declaration. The description of land which may be added to this Declaration and the O'Dell Parkway PUD, and the terms and conditions for the exercise of Declarant's rights, is described on Exhibit "B" attached hereto and identified on the PUD Project Plans as additional land which is subject to Development Rights. Section 13.3. Easement for Further Development. For so long as the Declarant owns any interest in the Property, the Declarant hereby reserves for itself and its successors and assigns, without restriction or limitation, perpetual non-exclusive easements, rights of way, and licenses, and the right to grant easements, rights of way and licenses, over, under, across and through all of the Property (except for Lots which have not been acquired by Declarant or acquired Lots that have been sold by Declarant to Lot Owners) for the purpose of storing building materials and supplies and equipment used in improving the Property; construction, maintenance, repair, replacement of Single Lot Projects, roads, driveways, sidewalks, pedestrian trails, fences, trees, shrubs, landscaping, utility lines, equipment and other improvements included as part or necessary to serve the portion of the Property being developed by Declarant and any Single Lot Projects located thereon; making future connections, hookups, and tie-ins to utility lines, equipment, and other improvements constructed to serve the Property, the Single Lot Projects or other improvements located thereon. The easements, rights of way and licenses reserved hereunder shall be sufficient in scope to permit development, use and occupancy on the Property of as many Single Lot Projects and Lots as the Declarant in its sole discretion shall determine; provided, however, that the Declarant will not create more than twenty- five (25) Lots on the Property. Section 13.4. Farrell Entities' Consent. For so long as the Farrell Entities own the Farrell Property or any part thereof, the Farrell Entities must consent in writing to the Declarant's exercise of Development Rights under Subsections 13.1, 13.2 or 13.3 of this Declaration, which consent shall not be unreasonably withheld, delayed or conditioned, applying a standard of commercial reasonableness. Likewise, for so long as O'Dell Us own Lot 3 or any part thereof, O'Dell LPs must consent in writing to the Declarant's exercise of Development Rights under Sections 13.1, 13.2 or 13.3 of this Declaration which have a material adverse impact on Lot 3; provided, however, that such consent shall not be unreasonably withheld, delayed or conditioned, applying the standard of commercial reasonableness. Section 13.5. Permits and Approvals for Further Development. Each Lot Owner acknowledges, by acceptance of an instrument of conveyance for an interest in a Lot, that the Declarant has the right to develop the PUD Project as depicted on the PUD Project Plans, and that the Declarant may also, in the future, seek to develop the Property in a different manner, subject to the specific limitations set forth in this Declaration. In such event, neither the Association nor any Lot Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Rights without the prior written consent of the Declarant. [10/7/03] - 20 - Section 13.6. Amendments Under this Article. Any amendment to this Declaration permitted by this Article need be signed and acknowledged only by the Declarant, and it shall be deemed that the Association, Lot Owners, lienholders or mortgage holders have voted for such amendment or amendments. Section 13.7. Transfer of Declarant's Development Rights. Declarant's reserved Development Rights may be transferred in accordance with § 3-104 of the Act; provided the proposed assignee or transferee is a record owner of fee simple title to a Development Lot, or a portion thereof; or, the holder of a leasehold interest in a ground lease having an original term of at least fifty (50) years of an original Development Lot or any portion thereof derived from a subdivision of a Development Lot. Section 13.8. Farrell Entities' Reserved Rights. The Farrell Entities hereby reserve the following rights, any one of which, or any combination of which they may exercise in their sole discretion, for as long as one or more of the Farrell Entities own or control a Lot or portion of a Lot in the O'Dell Parkway PUD: (a) The right to construct, develop, maintain, use, repair and replace Single Lot Projects on the Lots owned by the Farrell Entities substantially as shown on the PUD Project Plans, as they may be amended from time to time, including, without limitation, the right to operate, maintain, use, repair and replace all appurtenant easements and/or lines serving such Single Lot Projects which may be located on other Lots. In addition, each Lot Owner acknowledges, by acceptance of an instrument of conveyance for an interest in a Lot, that the Farrell Entities have the right to develop Lot 1 and Lot 2 as depicted on the PUD Project Plans, and that the Farrell Entities may also, in the future, seek to develop Lot 1 and Lot 2 in a different manner, subject to the specific limitations set forth in this Declaration. In such event, neither the Association nor any Lot Owner may take any action or adopt any rule that will interfere with or diminish the above rights without the prior written consent of the Farrell Entities. (b) The right to adjust or modify the internal boundary lines of Lots I and 2 as depicted on the PUD Project Plat and to reconfigure the land area constituting Lots 1 and 2 by combining same, resubdividing, reconfiguring or otherwise replatting said land area, resulting in whatever number of lots with whatever dimensions they desire, provided always that said reserved rights are subject to any limitations thereon specified in the Option Agreement (referenced above). (c) To relocate the Access Easement # 1 and/or Access Easement 42 which benefit the Tennis Center (singly an "Access Easement" and together the "Access Easements"), from time to time, provided such easement(s) when relocated must afford a means of access to the eleven (11) parking space lot described above. (d) To relocate, from time to time, the recreation path as it may pass through Farrell Property. Each of the above reserved rights may be exercised by the Farrell Entities by recording an amendment to this Declaration in the City of South Burlington Land Records and, by their execution of this Declaration, the Developer, the Tennis Center, the O'Dell LPs, the Morrissey/Farrell LI-Cs and Wright/Morrissey, hereby consent to the recording of such instrument. [10/7/03] - 21 - ",I, IT" WE, I Covenants and Environmental Restrictions Section 14. L Use of Property Subiect to Permits. The Property may be used and conveyed only in accordance with the conditions of the Vermont Land Use Permit No. 4C 1070R (Revised) and 4C 1071 R (Revised) dated September 26, 2001 and the permits and approvals referenced therein, the City of South Burlington Development Review Board approvals dated September 19, 2000, August 9, 2001, September 25, 2001 and November 6, 2001 which have been issued for the development of the Property (the "PUD Project Permits"); all protective covenants and easements and rights of way for utilities of record, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §601-611, both inclusive; and as all of the foregoing may be amended from time to time and as set forth on Exhibit "A." Notwithstanding the fact that some of the Lots are owned by different parties, from and after the date of this Declaration, all of the Property is and shall constitute a single PUD development project for purposes of compliance with the City of South Burlington's regulations and ordinances now in effect or hereafter amended or adopted, including zoning and subdivision regulations. Any action to enforce any City ordinance or regulation, including zoning or subdivision regulation against the Property or activities or events occurring on the Property shall be brought against all of the Owners of all of the Lots or the Association. If the use of or activities or events occurring on a Lot or a condition existing on a Lot violates: the PUD Project Permits or any other governmental permit, approval, authorization or certification pertaining to a Lot or the Property; or, any government ordinance, statute, rule or regulation relating to use of the Property (a "Violation"), the Violation resulting from (i) the written agreement of the Owner of the Lot acknowledging the Violation; or, (ii) the written determination of the governmental authority having jurisdiction to enforce the Violation, which determination is deemed final in that it is not subject to a further right of appeal; or, (iii) the order of a Court of competent jurisdiction declaring the existence of the Violation, which order is deemed a final order being no longer subject to further appeal, then the Owner of the Lot which is the subject of the Violation shall indemnify and hold the Association and the Owners of the all of the other Lots harmless from and against any and all damages, losses, and expenses including but not limited to reasonable attorneys' fees incurred by the Association and/or the other Owners in connection with the Violation. Each original Development Lot, and any parcels resulting from a subdivision of an original Development Lot, or a reconfiguration of more than one original Lot, shall be served by its own infrastructure, except as is otherwise depicted on the PUD Project Plans or as is otherwise approved in the PUD Project Permits. No Lot Owner will have the right to use any other Lot or any improvements thereon to satisfy coverage, density, open space, access, parking, landscape or other requirements for development of the Lot, except as provided in the PUD Project Permits or as otherwise agreed by the affected Lot Owner(s). Section 14.2. Promulgation of Rules and Regulations. The Board of Directors may, from time to time, without consent of the members, upon a unanimous vote in favor of the proposed Rules and Regulations, promulgate, modify, or delete use restrictions and Rules and Regulations applicable to the Lots and the Common Elements. Such Rules and Regulations and use restrictions shall be binding upon all Lot Owners and occupants until and unless overruled, canceled, or modified in a regular or special meeting by the vote of the members holding a majority of the total votes in the Association. Such Rules and Regulations and use restrictions may impose stricter standards than those contained in this Section. The Association, acting through its Board of Directors, shall have standing and the power to enforce such standards. 110/7/03] - 22 - Section 14.3. Architectural Control. Except for Single Lot Projects or improvements constructed or installed by the Declarant, the Farrell Entities (on Lot 1 or 2), the Tennis Center (on Lot 8), the O'Dell LPs (on Lot 3) or the Morrissey/Farrell LLCs (on Lot 4), no building, fence, wall or other structure, including signs, shall be commenced, erected, maintained or placed on a Lot, nor shall any addition or external alteration be made, .until the design and location or alterations have been approved in writing by the Declarant or, upon transfer of Declarant's control to the Association, by the Board of Directors. No approval shall be required for the design and location of any Single Lot Project or improvement constructed by Declarant on the Property, the Farrell Entities (on Lot I or 2), the Tennis Center (on Lot 8), the O'Dell LPs (on Lot 3) or the Morrissey/Farrell LLCs (on Lot 4). Section 14.4. Occupants Bound. All provisions of the Declaration and any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Lot Owners and which provide for sanctions against Lot Owners shall also apply to all occupants of the Property. Section 14.5. Energy Conservation Measures. (a) Without the prior written consent of the Vermont District #4 Environmental Commission, or its successor, no alteration may be made to any structure which would reduce the effect of the water -conserving plumbing fixtures or insulation, including low -flush toilets, low - flow showerheads, and aerator or flow -restricted faucets. All leases shall require maintenance of same and prohibit replacement with non -water conserving fixtures. (b) All heated structures shall be constructed to meet Energy Conservation Recommendations of the Vermont Department of Public Service. The installation and/or use of electric resistance space heating is specifically prohibited. Section 14.6. Landscaping. The Association shall continually maintain all Common Elements, and all facilities, recreational amenities, and landscaping situated thereon substantially as approved by the City of South Burlington Planning Commission and the District #4 Environmental Commission. All dead or diseased landscape plantings shall be replaced as soon as seasonably possible. Lots: Section 14.7. Special Covenants. The following special covenants shall apply to the following (a) Other than identification signs to be installed along Farrell Street Extension, no exterior signs shall be installed without first obtaining approval from the District #4 Environmental Commission. Internally illuminated signs are specifically prohibited. (b) All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. (c) No further subdivision, alteration and/or development of a Development Lot (except as otherwise shown on the PUD Project Plans) may be permitted without the prior written approval of the District #4 Environmental Commission. Section 14.8. Amendments. No amendment of Section 14.5 or 14.6 or 14.7 of this Article shall be effective without the prior written consent of the Vermont District #4 Environmental Commission. [10/7/031 - 23 - ARTICLE 15 Amendments Section 15.1. General. Except for amendments which may be made by the Declarant hereunder and in § 2-109(f) or § 2-110 of the Act, amendments which may be made by the Farrell Entities set forth above in Section 13.9, amendments by the Association under §§ 2-106(d), 2-108(c), or 2-112(a) of the Act, or by Lot Owners under §§ 2-108(b), 2-112(a) or 2-118(b) of the Act, and except for the limitations set forth in § 2-117(d) of the Act, this Declaration may be amended by vote or agreement of Lot Owners of Lots to which at least seventy-five percent (75%) of the votes in the Association is allocated. All amendments to this Declaration shall be made in accordance with § 2-117 of the Act. Section 15.2. Rights Reserved in Declarant. Notwithstanding the amendment provisions set forth above in Section 15.1, the Declarant may amend this Declaration in accordance with the provisions of Article 13, and may also amend this Declaration at any time to satisfy and meet any requirement of Declarant's lender, the State of Vermont, the City of South Burlington, or a title insurance company insuring or offering to insure all or a portion of the Property. Section 15.3. Special Declarant Rights. The Provisions in this Declaration creating Special Declarant Rights may not be amended without the consent of the Declarant. ARTICLE 16 Miscellaneous Section 16.1. Duration. (a) If any covenant, condition, restriction or obligation of this Declaration, or this Declaration itself, is adjudicated to be illegal and/or of no force and effect because of its perpetual nature, then any covenant, condition, restriction or obligation, or this Declaration itself, shall be deemed to run with and bind the Property for a term of forty (40) years from the date this Declaration is recorded in the City of South Burlington Land Records, and shall be deemed to automatically be extended for successive periods of ten (10) years unless terminated as provided herein. (b) Upon the termination of the PUD Project, the Common Elements shall be deemed to be owned in undivided common interests in accordance with the Allocated Interests held by each of the Lot Owners, and the net proceeds in the event of a sale of any or all of the Common Elements shall be paid to all of the Lot Owners in accordance with their respective Allocated Interests, with a Lot Owner's share to be made payable to both the Lot Owner and the First Mortgagee, if any, as their interest may appear. Section 16.2. 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. h0/7/031 - 24 - Section 16.3. Headings. The headings in this Declaration are for purposes of reference only and shall not limit or otherwise affect the meaning thereof. Section 16.4. Agent. The person who shall receive service of process for the Association is Lewis K. Sussman, Esq., Pierson Wadhams Quinn & Yates, 253 South Union Street, Burlington, VT 05401. Section 16.5. Declarant's Disclaimer for Economic Benefit. Declarant has made no represen- tations, and Declarant hereby disclaims any representations made by anyone claiming to act as Declarant's authorized agent, as to the feasibility of renting a Lot in the Planned Community or otherwise generating income or deriving any other economic benefit from a Lot. Section 16.6. Declarant's Disclaimer for Security. Neither the Association nor the Declarant shall be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. All Lot Owners, tenants, guests, and invitees of any Lot Owner, as applicable, acknowledge that the Declarant and the Association are not insurers and that each Lot Owner, tenant, guest, and invitee assumes all risk of loss or damage to persons, or to Single Lot Projects, and further acknowledge that neither the Declarant nor the Association has made any representation or warranty, nor has any Lot Owner, tenant, guest, or invitee relied upon any representation or warranty, express or implied, including any warranty of merchantability or fitness for any particular purpose relative to any security measures recommended or undertaken. Section 16.7. Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Vermont, without giving effect to such jurisdiction's principles of conflicts of laws. IN WITNESS WHEREOF, the parties to this Declaration have executed or caused this Declaration to be executed as of the '?` day of Q�b , 2003. IN PRESENCE OF: F&M DEVELOPMENT COMPANY Wi0ess Duly Authorized Agent Wimr s ness ij David M. Farrell, Trustee of the Thomas A. Farrell -'rust Stewart H. McConaughy, T1ust_ee f the Thomas A. Farrell Trust ZI Wien ss David M. Farrell, Trustee of the David M. Farrell Trust [10/7/031 - 25 - Wi ess FARRELL CORPORATION X r, By: Duly Authorized Agent SPORTS & FITNESS EDGE, INC. (f/k/a Burlington Indoor Tennis Center) Witness Duly Authorized Agent Witness - Wit ess Witness it ess �? O'DELL BOND HOUSING LIMITED PARTNERSHIP Duly Authorized Agent O'DELL ALLOCATED HOUSING LIMITED PARTNERSHIP By: j�c.-`ter /�, .� •� Duly Authorized Agent m In EF FARRELL, LLC C- � Duly Authorized Agent 10/7/031 - 26 - Witliess STATE OF VERMONT CHITTENDEN COUNTY, SS. WRIGHT/MORRISSEY REALTY CORPORATION �i' 7 t';�6 - - Duly Authorized Agent At 1 i ! ? t ,Vermont this day of tK-.A�, i' / , 2003, personally appeared _-- o (X,� '_ —` , Duly Authorized Agent of F&M DEVELOPMENT COMPANY, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of F&M DEVELOPMENT COMPANY. f � 1 Before me, c--Y otary Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 STATE OF VERMONT CHITTENDEN COUNTY, SS. Vermont this ��' day of 2003, personally appeared DAVID M. FARRELL, Trustee of the Thomas A. Farrell Trust, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed individually and as Trustee of the Thomas A. Farrell Trust. Before otary Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 [10/7/031 - 27 - STATE OF VERMONT CHITTENDEN COUNTY, SS. At ��(k� stun ,Vermont this day of &—tggu- , 2003, personally appeared STEWART H. MiCONAUGHY, Trustee of the Thomas A. Farrell Trust, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed individually and as Trustee of the Thomas A. Farrell Trust. Before me, 6--'Notary Pub 1c Notary Commission issued in Chittenden County My commission expires: 2/10/07 STATE OF VERMONT CHITTENDEN COUNTY, SS. At ��U'\ ,Vermont this 4 day of �1�' i�J , 2003, personally appeared DAVID M. FARRELL, trustee of the David M. Farrell Trust, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed individually and as Trustee of the David M. Farrell Trust. Before me,� ,-)Notary Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 STATE OF VERMONT CHITTENDEN COUNTY, SS. At�.' `K W1•"V\ , Vermont this )lam" day of C'Y; , 2003, personally appeared Duly Authorized Agent of FARRELL CORPORATION, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of FARRELL CORPORATION. Before me, 'Notary Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 [10/7/03] - 28 " STATE OF VERMONT CHITTENDEN COUNTY, SS. At CJaA a , Vermont this JC� day of .-ft .; , 2003, personally appeared Duly Authorized Agent of SPORTS & FITNESS EDGE, INC. (f/k/a Burlington Indoor Tennis Center), to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of SPORTS & FITNESS EDGE, INC. (f/k/a Burlington Indoor Tennis Center). Before me, erci;iC.t _..1� k kd Notary Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 STATE OF VERMONT CHITTENDEN COUNTY, SS. At �1.� t��%� ' ,Vermont this `;'tr'day of 2003, personally appeared Duly Authorized Agent of O'DELL BOND HOUSING LIMITED PARTNERSHIP, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of O'DELL BOND HOUSING LIMITED PARTNERSHIP. Before me, 1, * E' Notary Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 STATE OF VERMONT CHITTENDEN COUNTY, SS. c1; ,�_ At Vermont this "_ day of 2003, personally appeared 1`•, i, r , Duly Authorized Agent of O'DELL ALLOCATED HOUSING LIMITED PARTNERSHIP, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of O'DELL ALLOCATED HOUSING LIMITED PARTNERSHIP. Before me, Notary Public - f. Notary Commission issued in Chittenden County My commission expires: 2/10/07 [10/7/03] - 29 - E STATE OF VERMONT CHITTENDEN COUNTY, SS. At Vermont this 1 day of z , 2003, personally appeared r1;'Duly Authorized Agent of DB MORRISSEY, LLC, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of DB MORRISSEY, LLC. Before me, -TTot ry Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 STATE OF VERMONT CHITTENDEN COUNTY, SS. At °'s�.�hC- ! , Vermont this /L day of ` Z � �`�,� , 2003, personally appeared Duly Authorized Agent of EF FARRELL, LLC, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of EF FARRELL, LLC. Before me, Notary Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 STATE OF VERMONT CHITTENDEN COUNTY, SS. r� F At 1'�i` ``. ,Vermont this Xt_`day of �' 1 `l ; r� , 2003, personally appeared Duly Authorized Agent of WRIGHT/MORRISSEY REALTY CORPORATION, to me known, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of WRIGHTIMORRISSEY REALTY CORPORATION. Before me, 4 Notary Public Notary Commission issued in Chittenden County My commission expires: 2/10/07 [10/7/031 - 30 - Exhibit "A" Property Description The Property consists of eight (8) lots of land and Farrell Street Extension as depicted on a plat entitled: "Final Plat, O'Dell Parkway PUD, South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., dated July, 2000, last revised May 13, 2002 and recorded in Map Volume 495 at Page 163 of the City of South Burlington Land Records (the "PUD Project Plat") and on a set of plans entitled: "O'Dell Parkway PUD Project Plans, Farrell Street, South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., Sheet 1 of 2 being dated December, 2001 and being recorded in Map Volume _ at Page _ of the City of South Burlington Land Records and Sheet 2 of 2 being dated December 20, 2001 and being recorded in Map Volume _ at Page _ of the City of South Burlington Land Records (the "PUD Project Plans"). The parcels of land which comprise the eight (8) lots of land depicted on the PUD Project Plat and PUD Project Plans are further described as follows: Legal Description of the Trust Real Estate (Thomas A. Farrell Trust Property) Being all and the same lands and premises conveyed to David M. Farrell and Stewart H. McConaughy, Trustees u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor, by Deed of Thomas A. Farrell, dated April 12, 1992, recorded in Volume 322, Pages 315-319 of the City of South Burlington Land Records. Legal Description of DMF Trust Real Estate (David M. Farrell Trust Property Being all and the same lands and premises conveyed to David M. Farrell, Trustee of the David M. Farrell Trust dated April 5, 1995 by Deed of David M. Farrell dated May 1, 1995, recorded in Volume 325, Pages 617-618 of the City of South Burlington Land Records. Legal Description of Corporation Real Estate (Farrell Corporation Property) Being all and the same lands and premises conveyed to Farrell Corporation by Warranty Deed of Thomas A. Farrell dated November 8, 1961, recorded in Volume 61, Page 92 of the City of South Burlington Land Records, except for those easements, rights of way, and rights granted as follow: • Warranty Deed from Farrell Corporation to the State of Vermont dated May 5, 1988, recorded in Volume 262, Page 640 of said Land Records; • Agreement and Addendum to Indenture between Farrell Corporation, Thomas A. Farrell and Burlmark Associates dated July 30, 1982, recorded in Volume 186, Page 112-117 of the City of South Burlington Land Records; and, • Indenture between Farrell Corporation, Thomas A. Farrell and Gardenway Incorporated dated June 30, 1981 and recorded in Volume 168, Pages 522-526 of said Land Records. 110/7/031 Legal Description of New Enterprises Land Being all and the same land and premises conveyed to New Enterprises, Inc. by Quit Claim Deed of Touchdown Properties dated March 11, 1988, recorded in Volume 262, Pages 267-269 of the South Burlington Land Records. Legal Description of Tennis Center Real Estate Being all and the same lands and premises conveyed to Burlington Indoor Tennis Center, Inc. by Warranty Deed of Cloverleaf Properties, Inc. dated March 28, 1988, recorded in Volume 260, Pages 112-114 of the City of South Burlington Land Records. Specifically excluded from the Property, however are the land areas depicted on the PUD Project Plat as "N/F Thomas Family Trust, Et Al. 0.423 Acres" (the "Thomas Property") and "Heathcote Associates, LP" (the Heathcote Property). The Property is subject to all covenants, conditions, restrictions, easements, rights of way and permits as referenced in this Declaration and depicted on the above -referenced PUD Project Plat and PUD Project Plans, and as of record including, without limitation: (a) Agreement between Fire District #1 and Thomas A. Farrell dated August 25, 1947 and recorded in Volume 24 at Page 45 of the City of South Burlington Land Records. (b) Utility easement granted by Thomas A. Farrell to Green Mountain Power Corporation by Easement Deed dated June 28, 1954 and recorded in Volume 34 at Page 80 of the City of South Burlington Land Records. (c) Slope rights and drainage rights set forth in the Order of State Highway dated March 16, 1961 and recorded in Volume 48 at Page 429 of the City of South Burlington Land Records. (d) Restrictive covenants and conditions set forth in the Warranty Deed of Thomas A. Farrell to Herman S. Thomas and Mavis C. Thomas dated January 28, 1960 and recorded in Volume 50 at Page 481 of the City of South Burlington Land Records, said covenants and conditions being subject to a Notice of Extension dated March 24, 1984 and recorded in Volume 201 at Page 200 of the City of South Burlington Land Records. Reference is also made to the following: (i) Quit Claim Deed from Herman S. Thomas and Mavis C. Thomas, Trustees of the Herman S. Thomas Family Trust u/t/a dated March 13, 1991 and the Mavis C. Thomas Family Trust u/t/a dated March 13, 1991, FEP II and 518 Corporation to David M. Farrell and Stewart H. McConaughy, Trustees, et al., and Farrell Corporation dated February 13, 2002 and recorded in Volume 540 at Page 452 of the City of South Burlington Land Records; and (ii) Quit Claim Deed from David M. Farrell and Stewart H. McConaughy, Trustees, et al., and Farrell Corporation and Farrell & Morrissey Development Company, Inc. to Herman S. Thomas and Mavis C. Thomas, Trustees dated February 11, 2002 and recorded in Volume 540 at Page 457 of the City of South Burlington Land Records. (e) Rights granted by Thomas A. Farrell to Seaway Shopping Center Corporation by Warranty Deed dated December 29, 1959 and recorded in Volume 50 at Page 463 of the City of South Burlington Land Records. [10/7/031 (f) Sewer line easement granted by Thomas A. Farrell to the Town of South Burlington by Warranty Deed dated March 25, 1971 and recorded in Volume 96 at Page 390 of the City of South Burlington Land Records. (g) Sewer line easement granted by Thomas A. Farrell to David M. Farrell by Warranty Deed dated February 27, 1973 and recorded in Volume 108 at Page 484 of the City of South Burlington Land Records. (h) Utility easement granted by Thomas A. Farrell to Green Mountain Power Corporation by deed dated July 5, 1973 and recorded in Volume 109 at Page 364 of the City of South Burlington Land Records. (i) Easements and rights granted by Thomas A. Farrell to Champlain Oil Company, Inc. by Warranty Deed dated September 10, 1975 and recorded in Volume 126 at Page 1 of the City of South Burlington Land Records, as amended by Easement Deed dated 12003 and recorded in Volume _ at Page of the City of South Burlington Land Records. (j) Lease Agreement between Thomas A. Farrell and International Television Corporation dated June 30, 1980 and recorded in Volume 207 at Page 488 of the City of South Burlington Land Records, for a term of five (5) years with three five-year options to renew, subject to the following assignments: (i) Assignment of Lease from International Television Corporation to Champlain Communications Corp. dated November 1, 1982 and recorded in Volume 186 at Page 137 of the City of South Burlington Land Records. (ii) Assignment of Lease from Champlain Communications Corporation to Citadel Communications Company, Ltd. dated October 20, 1984 and recorded in Volume 207 at Page 516 of the City of South Burlington Land Records. (iii) Assignment of Lease from Citadel Communications Company, Ld to US Broadcast Group, L.P. dated February 2, 1996 and recorded in Volume 426 at Page 178 of the City of South Burlington Land Records. (iv) Assignment of Lease from US Broadcast Group, L.P. and US Broadcast Group Licensee, L.P. II to Channel 22 Television Station, Inc. dated June 23, 1998 and recorded in Volume 433 at Page 153 of the City of South Burlington Land Records. Reference is also made to Landlord's Estoppel Certificate and Consent to Assignment dated as of June 17, 1998 and recorded in Volume 433 at Page 156 of the City of South Burlington Land Records, which includes the Landlord's consent to various transactions, including a sublease to Mobile Media Communications, Inc. Said leasehold parcel is subject to a Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing from Channel 22 Television Station, Inc. to First Dominion Capital, L.L.C., as Agent dated June 23, 1998 and recorded in Volume 431 at Page 591 of the City of South Burlington Land Records. [10/7/03] (k) Land Use Permit No. 4C 1070R (Revised) dated September 26, 2001 and recorded in Volume 521 at Page 177 of the City of South Burlington Land Records. (1) Land Use Permit No. 4C1071R (Revised) dated September 26, 2001 and recorded in Volume 521 at Page 210 of the City of South Burlington Land Records, and as it may be amended from time to time. (m) State Subdivision Permit No. EC-4-2337 dated February 26, 2001 and recorded in Volume 498 at Page 88 of the City of South Burlington Land Records, and as it may be amended from time to time. (n) Deferral of Permits Nos. DE-4-2518, DE-4-2519, DE-4-2520 dated February 26, 2001 and recorded in Volume 498 at Pages 79, 82, and 85 of the City of South Burlington Land Records, and as they may be amended from time to time. (o) Water Supply and Wastewater Disposal Permits Nos. WW-4-1450, WW-4-1451, WW-4- 1502 and WW-4-1503 dated February 26, 2001, and as they may be amended from time to time. (p) Public Water System Permit to Construct PIN No. EJ00-0172.02 dated February 26, 2001, and as it may be amended from time to time. (q) State of Vermont Stormwater Discharge Permit No. 1-1438 dated December 1, 2000, and as it may be amended from time to time. (r) State of Vermont Endangered Species Taking Permit issued on August 15, 2000. (s) Army Corps of Engineers Permits Nos. 199901462 issued on July 25, 2000, No. 200002017 issued on September 13, 2000 and No. GP-58 effective October 15, 1997. (t) City of South Burlington Development Review Board approvals dated September 19, 2000, August 9, 2001, September 25, 2001 and November 6, 2001, and as they may be amended from time to time. (u) Irrevocable Offers of Dedication for stormwater drainage, sidewalks, recreation path, roadways and utility lines from David M. Farrell and Stewart H. McConaughy, Trustees, David M. Farrell, Trustee, Farrell Corporation and Farrell & Morrissey Development Company, Inc. to the City of South Burlington dated February 28, 2002 and recorded in Volume 543 at Pages 299, 308, 317, 333, 343, 352, 358 and 364 of the City of South Burlington Land Records. (v) Notice of Conditions of Planned Unit Development Approval dated December 27, 2001 and recorded in Volume 543 at Page 33 of the City of South Burlington Land Records. (w) Utility Line Easement from EF Farrell, LLC and DB Morrissey, LLC to Green Mountain Power Corporation and New England Telephone and Telegraph Company dated July 2, 2002 and recorded in Volume 558 at Page 7 of the City of South Burlington Land Records. [10/7/03] 1 N Easement Deed from David M. Farrell and Stewart H. McConaughy, Trustees and F&M Development Company, LLC to Verizon New England, Inc. dated January 27, 2003 and recorded in Volume 602 at Page 775 of the City of South Burlington Land Records. (y) Grant of Conservation Easement and Restrictions (for a portion of Lot 5) from Wright/Morrissey Realty Corporation to the State of Vermont, Agency ofNatural Resources dated , 2003 and recorded in Volume at Page of the City of South Burlington Land Records. Reference is hereby made to the above -referenced PUD Project Plat and PUD Project Plans, and instruments and the records thereof and references therein contained in further aid of this description. [90/7/03] Exhibit "B" Additional Property The Declarant reserves the Development Rights to enlarge the O'Dell Parkway PUD by adding the Thomas Property, the Heathcote Property, or any properties which currently abut the PUD Project, including lots along Hadley Road or Bacon Street, or any of said parcels (all as shown on the PUD Project Plat and PUD Project Plans) provided at any such time(s) as the Declarant exercises said reserved right it shall possess either a fee simple estate or a leasehold estate in a ground lease having a minimum base term of at least fifty (50) years in any Lot further provided as long as the Farrell Entities own the Farrell Property, the Declarant shall procure the prior written consent of the Farrell Entities and O'Dell LPs to the exercise of said reserved right, which consent shall not be unreasonably withheld, delayed or conditioned applying and standard of commercial reasonableness and further provided such reserved right shall tenninate on the 10`' anniversary of the date of the Declaration being recorded in the City of South Burlington Land Records. Exhibit "C" Bylaws of Association <O'Dell Parkway Declaration of Covenants/148625/36HOII.WPD/RHR> O'DELL PARKWAY PUD ASSOCIATION, INC. BYLAWS ARTICLE 1 Generally Section 1.1. Applicability. These Bylaws provide for the governance of the O'Dell Parkway PUD Association, Inc. Section 1.2. Office. The office of the Association is c/o Eric Farrell, 210 College Street, Suite 201, Burlington, VT 05401, or at such other place as may be designated from time to time by the Board of Directors. Section 1.3. Definitions. Each capitalized term used herein without definition shall have the mean- ing set forth in the Declaration of Covenants, Conditions, Restrictions, Easements, Liens and Development Rights for O'Dell Parkway PUD, as amended from time to time, and of record in the City of South Burlington Land Records (the "Declaration"). ARTICLE 2 Membership, Meetings Section 2.1. Membership. Each Lot Owner shall be a Member of the Association (a "Member") Section 2.2. Annual Meetings. Unless otherwise agreed by all of the Members, the annual meeting of the Association shall be held on the Second Tuesday of February of each year, unless such date shall occur on a holiday, in which event the meeting shall be held on the following day. At such annual meetings the Board of Directors shall be elected by the Lot Owners in accordance with Section 2.7 and 3.1, below. Section 2.3. 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 Lot Owners as may be designated by the Board of Directors. Section 2.4. Special Meetings. The President shall call a special meeting of the Members upon a petition signed and presented to the Secretary by Lot Owners owning not less than twenty percent (20%) of the Lots. 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 2.5. Notice of Meetings. The Secretary shall mail to each Lot Owner a notice of the place, date, hour and purpose or purposes of each annual or regularly scheduled meeting of the Lot Owners. The notice shall be mailed not less than ten (10) days nor more than fifty (50) days before the date of such meeting. [10/7/031 Section 2.6. Adjournment of Meetings. If at any meeting of the Association a quorum is not present, Lot 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 2.7. Voting. Members shall be entitled to vote on Association matters as provided in the Declaration in accordance with each Lot's Allocated Interest. In the event that a Single Lot Project is developed as a common interest community, the unit owners within such common interest community shall designate a representative to cast the vote assigned to the Lot in all matters in which members of the Association are entitled to vote. Each such common interest community shall notify the Association of the name, address and telephone number of its designated representative, who shall be the appropriate person to receive notice for all Association matters. Section 2.8. Ouorum. Except as otherwise provided herein, the presence in person or by proxy of Members controlling fifty percent (50%) or more of the votes in the Association shall constitute a quorum at all meetings. Section 2.9. Conduct of Meetings. The President shall preside over all meetings of the Members 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 at the meetings. Section 2.10. Agreements Regarding Voting. To the extent not prohibited by applicable law, the Members may enter into voting agreements providing that Members will cast their votes on specified matters as provided in the voting agreement and such agreements shall be binding to the fullest extent permitted by law. ARTICLE 3 Board of Directors Section 3.1. Number and Qualification. The affairs of the Association shall be governed by a Board of Directors. The Board of Directors shall be three (3) in number, or such greater number as may be established by action of the Members from time to time at a meeting called for such purpose. The initial Board of Directors shall be appointed by the Declarant and shall hold office until such time as all the memberships obtain the right to vote as provided in the Declaration; provided, however, that for so long as the Farrell Entities own a Development Lot in the Planned Community, the Farrell Entities shall be entitled to designate on member of the Board of Directors. This right shall expire when the Farrell Entities have sold both Lot I and Lot 2 to a third party and shall not be reinstated if the Farrell Entities reacquire a Development Lot after the initial sale. After the Members elect the replacement Board of Directors, each Director shall hold office for a term of three (3) years and until a successor shall have been elected and qualified. Except as to the initial Board of Directors appointed by the Declarant and the Farrell Entities, Directors shall be Lot Owners or, if a Lot Owner is a legal entity, an owner or member of the entity that owns the Lot. The replacement Directors shall be elected to staggered terms, so that one-third of the directorships shall become vacant each year. [10/7/031 - 2 - Section 3.2. 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. The Board may do all such acts and things as are not prohibited by these Bylaws or the Declaration, including, but not limited to, the following: (a) Prepare an annual budget, including the amount of Assessments and present the budget to the annual meeting of the Members. (b) Establish the means and methods of collecting the Assessments pursuant to the Declaration. (c) Provide for the operation, care, upkeep, improvement, and maintenance of all of the Common Elements and Limited Common Elements. (d) Designate, hire and dismiss the personnel necessary for the maintenance, operation, repair and replacement of the Common Elements and Limited 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, deposit the proceeds thereof in bank depositories designated by the Board of Directors and use the proceeds to carry out the administration of the Association. (f) Draft rules and regulations for presentation to the Members of the Association for consider- ation (the "Rules and Regulations"). (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 Common Elements and Limited Common Elements as provided in the budget approved or as otherwise approved by the Association; make, or contract for the making of repairs to and restoration of the Common Elements and Limited Common Elements as provided in the budget approved or as otherwise approved by the Association, in accordance with these Bylaws, after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings or otherwise; and make, or contract for the making of repairs to and restoration of the Common Elements and Limited Common Elements or other expenditures for the Association not otherwise provided in the budget, provided that such expenditures do not exceed $5,000.00 per annum. (i) Enforce by legal means the provisions of the Declaration, these Bylaws and the Rules and Regulations and act on behalf of the Members with respect to all matters involving settlement of insurance claims, condemnation proceedings and the creation of rights, easements and interests affecting the Common Elements and Limited Common Elements. (j) Obtain and carry insurance against casualties and liabilities, as provided in these Bylaws, pay the premiums therefor and adjust and settle any claims thereunder. 11017/03] - 3 - (k) Pay the cost of all authorized services rendered to the Association and not billed to Members or otherwise provided for in Article 5 of these Bylaws. (1) Keep books with detailed accounts in chronological order of its receipts and expenditures and the administration ofthe Association specifying the expenses of maintenance and repair of the Common Elements and Limited Common Elements and any other expenses incurred. Such books and vouchers accrediting the entries thereupon shall be available for examination by the Lot 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 Lot Owners. All books and records shall be kept in accordance with good accounting practices. (m) Borrow money on behalf of the Association as specified in the Declaration. (n) Acquire, hold and dispose of property interests, easements and restrictions affecting the Common Elements and Limited Common Elements and mortgage the same if such expendi- tures and hypothecations are included in the budget adopted by the Association. (o) Do such other things and acts not inconsistent with the Declaration or these Bylaws which the Board of Directors may be authorized to do by a resolution of the Association. Section 3.3. Managing Agent. The Board of Directors may employ for the Association a managing agent (the "Managing Agent"). The compensation of such Managing Agent shall be established by the Board of Directors. Section 3.4. Election and Term of Office. The initial Board of Directors shall be designated in the Articles of Incorporation for the Association. All Directors shall thenceforth serve until the next annual meeting of Members or until their respective successors are appointed and qualified. Section 3.5. Removal or Resignation of Members of the Board of Directors. At any regular or special meeting of the Members duly called, any one or more of the members of the Board of Directors may be removed with or without cause by seventy five percent (75%) of the Lot Owners entitled to vote on the matter. Upon the removal of a Member of the Board of Directors, his or her replacement shall be appointed by the Members or, absent such appointment, by remaining Directors to fill the unexpired term. A Member of the Board of Directors may resign at any time and, except for the initial Directors which are appointed by the Declarant, a Director shall be deemed to have resigned without further action upon disposition of the Lot owned by such Director. Section 3.6. Organization Meeting. The first meeting of the Board of Directors following creation of the Association shall be held within thirty (30) days thereafter at such time and place as shall be fixed by the Members and no notice shall be necessary to such Members of the Board of Directors in order legally to constitute such meeting, providing a majority of the whole Board of Directors shall be present at such meeting. Section 3.7. 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 meetings [10/7/031 - 4 - shall be held at least once every four months during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, by mail or by personal delivery to the Lot at least ten (10) business days prior to the day named for such meeting. Section 3.8. Special Meetings. Special meetings of the Board of Directors may be called by the President on three (3) business days notice to each Director, given by mail, facsimile or personal delivery to the Unit represented by such Director, 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 not less than three (3) business days prior to such meeting on the written request of at least two Directors. Section 3.9. 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 such Director 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 3.10. 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 3.11. Compensation. No Director shall receive any compensation from the Association for acting as a Director, unless the Members amend this provision of the Bylaws to provide for compensation to the Directors. Section 3.12. 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 3.13. Liability of the Board of Directors, Officers, Members 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 expenses and liabilities to others arising out of claims made against the Officers or the Board of Directors on account of their status as Officers or Directors to the maximum extent permissible under Vermont law. (b) The Association shall not be liable for the failure of any services to be obtained by the Association or paid for as an Assessment, or for injury or damage to person or property caused by the elements or by any Member 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 Limited Common Elements or from any pipe, drain, conduit, appliance or equipment. The Association shall not be liable to any Member for loss or damage, by theft or otherwise, of articles which may be stored upon any of the Property. No diminution or abatement of any Assessments, as herein elsewhere provided, shall be claimed or allowed for inconvenience [10/7/03] - 5 " •" s or discomfort arising from the making of repairs or improvements to the Property or from any action or with the order or directive of any municipal or other governmental authority. ARTICLE 4 Officers Section 4.1. Designation. The principal Officers of the Association shall be the President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint a Vice President, an Assistant Treasurer, an Assistant Secretary and such other Officers as in its judgment may be necessary. Any combination of offices may be held by the same person, except the offices of President and Secretary which may not be held by one person. The President shall be a member of the Board of Directors. Section 4.2. 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 4.3. Removal of Officers. Upon the affirmative vote of two-thirds (2/3) 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 4.4. 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 Lot 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. Section 4.5. Vice President. The Vice President shall be entitled to fulfill the duties of the President, in the President's absence or if the President is unable to act, and such other duties as may be assigned by the Board of Directors. Section 4.6. 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 Members and others shall be delivered; and, in general, perform all the duties incident to the office of secretary. Section 4.7. Treasurer. The Treasurer shall have the responsibility for Association funds and securities. The Treasurer shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for books of account showing all receipts and disbursements, and for the preparation of all required financial data, and shall report annually to the Members. The Treasurer shall make disbursements on behalf of the Association upon consent of the Board of Directors and shall be responsible for the deposit of all monies and other valuable effects in the name of the Board of Directors. The Association's funds shall be held in such depositories as may from time to time [10/7/031 - 6 - be designated by the Board of Directors. In addition, the Treasurer shall perform all the duties incident to the office of treasurer as may be assigned by the Board of Directors. Section 4.8. Execution of Documents. All agreements, contracts, deeds, leases, checks and other instruments of the Association for expenditures or obligations may be executed by such person or persons as may be designated by the Board. Section 4.9. Compensation of Officers. No Officer who is also a Director shall receive any compensation from the Association for acting as such Officer. ARTICLE 5 Committees Section 5.1. Formation of Committees. The Members may form and reform Committees of all or less than all of the Lot Owners and delegate to such Committees such powers, duties and obligations as the Lot Owners may from time to time delegate consistent with applicable law. Unless prohibited by applicable law, the Committees formed pursuant to this authorization may form subcommittees to be responsible for any duty or obligation delegated to a Committee. Committees shall meet at least once in each year and may meet more often as determined by the Committees. Committees shall report on their doings to the Members at the annual meeting of Members. Decisions by the Committees shall take priority over conflicting decisions by the Board of Directors as to matters delegated to the Committee. Committees may act without a meeting provided the action taken is in written form and signed by all of the Members of the Committees. ARTICLE 6 Operation of the Association Section 6.1. Determination of Annual Charges and Assessments Against Members. (a) Fiscal Year. The fiscal year of the Association shall be the calendar year unless otherwise determined by the Board of Directors. (b) Assessment. The Board of Directors may fix the Assessments at an amount determined based on the budget for each fiscal year. (c) Preparation and Approval of Budget. (i) On or before the first day of November of each year, the Board of Directors shall recommend a budget which shall be approved by the affirmative vote of eighty-five percent (85%) of the Members entitled to vote on the matter. The budget shall contain an estimate of the total amount necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements, and the cost of wages, materials, insurance premiums, services, supplies and other expenses of the Association, including capital improvements, which will be required during [10/7/03] - 7 - the ensuing fiscal year for the administration, operation, maintenance and repair of the Common Areas and the rendering of the Members 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 first day of December the Board of Directors shall send to each Member a copy of the budget in a reasonably itemized form. Such budget shall constitute the basis for determining each Member's Assessment pursuant to the Declaration. (d) Special Assessments. In addition to the annual Assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Elements, including fixtures and personal property related thereto. (e) Assessment and Payment of Assessments. The total amount of the estimated funds required from Assessments (including any special assessments) for the operation of the Association shall be borne among the Lots in accordance with their Allocated Interest as set forth in Section 3.3 of the Declaration. (f) Reserves. The Board of Directors shall build up and maintain reasonable reserves for working capital, operations, contingencies, and replacements. The Association may maintain a reserve fund with appropriate balances as determined by the Board of Directors. At such time that funds are spent from the account to pay for a capital improvement or emergency repairs to the Common Elements, a special assessment shall be instituted to bring the balance back to the amount specified by the Board of Directors. (g) Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or of the Association to adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of the obligation to pay the Assessments as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Lot Owner shall continue to pay each Assessment at the rate established for the previous fiscal year until notice of the payment which is due. Section 6.2. 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 which remain unpaid for more than thirty (30) days from the due date for payment thereof without limiting any rights or remedies the Association may have for delinquent Assessments. Any Assessment, or installment thereof, not paid within five days after the due date shall accrue a late charge calculated at the legal rate of interest on the overdue assessment or installment. Section 6.3. Statements to Lot Owners. (a) Statement of Assessments. The Board of Directors shall promptly provide any Member, contract purchaser or mortgagee so requesting the same in writing with a written statement [10/7/03] - 8 - of all unpaid Assessments due as to such Lot. The Board of Directors may impose a reasonable charge for the preparation of such statement to cover the cost of preparation. Notwithstanding the foregoing, the Board of Directors shall not charge a fee or premium to any mortgagee for the furnishing of such a certificate. (b) Statement of Default. The Board of Directors will make a reasonable effort to promptly notify any mortgagee of any Lot, of any default by a Lot Owner of any obligation arising under the Declaration, these Bylaws or the Rules and Regulations which is not cured within sixty (60) days, provided the mortgagee has filed a written request for such information with the Association. ARTICLE 7 Miscellaneous Section 7.1. Amendment. Except as otherwise provided herein, these Bylaws may be amended by vote or agreement of Lot Owners representing at least seventy-five percent (75%) of the votes in the Association; provided, however, that amendments to these Bylaws shall be subject to the same limitations imposed on amendments to the Declaration. Section 7.2. 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 Member, at the Member's last known address or at such other address as shall be designated in writing to the Association; or (ii) if to the Association or the Board of Directors, at the principal office of the Association or at such other address as shall be designated in writing to the Members pursuant to this Section. Section 7.3. 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 hereof. Section 7.4. 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. The undersigned hereby certifies that as of �C' ` i—� , 2003, this is a true and accurate copy of the Bylaws of the Association adopted by resolution at the organization meeting of the Association held on A U= , 2003. 7174 Secretary <O'Ddl Parkway Bylaws/150290//PMR — 9 — END OF DOCUMENT STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* WRITER'S E-MAIL(TEUSTACE@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S FAX (802) 660-9119 JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N.Y.) April 19, 2006 Elizabeth M. Miller Development Director, Farrell Real Estate PO Box 1335 210 College St., Suite 201 Burlington, VT 05402 Re: City of South Burlington/F&M Development Dear Ms. Miller: JILL E. SPINELLI WILL S. BAKER Enclosed please find the original Notice of Condition of Approval in connection with the above -referenced matter, which has been recorded in the City of South Burlington Land Records. Thank you. Sincerel Timothy M. Eustace TME:rh enc. CC: Raymond Belair // son06-084 F&M.cor #8545 CITY CLERKS € FFICE 3S Received n r 200� at - Recorded in Vol on page S� d Of So. Burlington Land Records Attest: �_ �G�..... NOTICE OF CONDITION OF APPROVAL Donna S. KkMlle, City Clark WHEREAS, F&M Development Company, LLC ("Applicant" herein) received approval for an amendment to a previously approved planned unit development (#SD-05-60) from the South Burlington Development Review Board by written decision dated September 21, 2005. The amendment consists of: 1) subdividing lot #1 into three (3) lots, 2) boundary line adjustment between lots #8 & 9, 3) reduce size of mixed -use building to 64,350 sq. ft. to include 40,000 sq. ft of office use, 7,000 sq. ft. of retail use and six (6) dwelling units, 4) site modifications to 370 Farrell St, 5) increasing the expansion of indoor recreational facility by 210 sq. ft to 4,460 sq. ft., and 6) constructing a 73-unit 4-story multi -family dwelling on lot #9, Farrell Street, as depicted on plan, entitled "O'Dell Parkway PUD, Farrell Street, South Burlington, Vermont, Overall Site Plan," prepared by Civil Engineering Associated, Inc., dated 11-18-99, last revised 9-15-05, and recorded in Map Slide 474 of the South Burlington Land Records; and WHEREAS, the South Burlington Development Review Board granted said approval subject to certain conditions as set forth in the final approval motion; NOW THEREFORE the Applicant hereby gives notice that the lands shown on the above - referenced plan, known as the "O'Dell Parkway PUD" (the "Property") are subject to the following conditions and restrictions which shall run with and be binding upon Applicant's Property, unless and until modified or removed by the South Burlington Development Review Board or its successor: 1. Parking of recreational vehicles shall be prohibited within the PUD Property 2. This Notice of Condition shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the Property or any interest in the Property. 3. This Notice of Condition shall be binding upon the Applicant and the Applicant's successors and assigns. Dated at South Burlington, Vermont, this ) ly of ;( 'J--\ , 2006. IN THE PRESENCE OF: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. F&M Development Company, LLC By: q�?t.t.tee_x Its Duly Authorized Agent At in said County, this_y of �� , 2006, Eric F. Farrell, Duly Authorbz d Agent of F&M Development Company, LLC personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of F&M Development Company, LLC. l ' Before me, Notary Public My Commission Expires: 2/10/07 I � EASTw06d �. IMPACT & PERMIT FEES WORK SHEET Zoning Permit @ $5o0/SFD OR $35o/MF unit Permit Recording Fee = $1o.00 Sewer Impact Fee (#204) _ Bartlett Bay Plant: Airport Parkway Plant: School Impact Fee (#222) x 73 bedrooms x _g.p.d. x $4.6o = -4/ /sAOS X 73- N a106.Cs Recreation Impact Fee (#22o) 1 3. 9f X95-:�IU014 Road Impact Fee (#221) _i . �t ^ q,) = ( / �q. q Fire Protection Fee (#203) //a �3 � I - CU7 1 • Dorset Street Waterline Fee (#230) A 4 Sewer Inspection Fee = $25.00 Sewer Inspection Recording Fee = $io.00 Property Address: Property Owner: