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HomeMy WebLinkAboutSD-16-34 - Supplemental - 0267 0277 Highland Terraceall IVE �y r I41* It qq1 1TLER - 1, EXI5TING VU HOU5E // gg \ RIM• 416.43 \ \ 3 \I '8' PVG IN- 409.23 EXISTING HQU5E y / HOU5E / Ar - // 44" HOISE„ / V v-_ - i .aAs f I v \ v , DOURDEAY t` //CAPOTKIO NIF / (,AKA GARAGE• 423.0 ' I /. / / 1 •�` ,.i T. WALL- 4240 / A // // / // �\ \ �' //'• ��/ -\_ \\\ u - FIN. FLU 425.170 G i- / ](1 \ \ 1 n ,-/ \ __ I 20 WIDE I - _ — 35 rvG. 5,0030 �' j \- /^ EXI31TIN-/\ SEWER $ 6 SDK 1 / O EXISTING / EA56MENT z \ / \ GRAVEL / TO DKIvewAr \ �1, z .D>s� - �� Go.. ox. 1 _` CITY OF SOUTH � ' f / / � _ - / /� SEWAGE BURLINGTON __ r / / ` EXISTING .z,R�EA / j/ GARAGE- 424.5 / I m HX15 INS \� N/F / / / / / i �'f/ HOU5E T. WALL• 425.5 m \ FIN. FL,- 426.6 - N \\ \ � /�y � , x, wAi�R,rt"N\-� PKo ANKA�E I //O Ek1�TE6EGT. _ �,POWER i LOCA77ON PLAN 5OUTH DUKLINGTON, VT N.T.5. Legend PROJECT DOUNDARY - - - - ADJACENT PROPERTY BOIMDN[Y DIANE WE55E1. TRUST �Y' 1`A _ _ EASEMENT DOUCJARY N/F ,k,.k - SETBACK ZONING DISTRICT DOI.NDARY Zb --' - - - _ .• \ E 15T. SEWER MH / I / � - _ _ 24-� / � � 4�� \ - \ � J _ RI 423.30 6• rVG IN- 410.65 FARLEY _ \�N/F I _.....'EXISTING II HOUSE 1 / r- I GRAPHIC SCALE Owner & Applicant THOMA5 HERGENKOTHEK HERGENKOTHEK GON5TKUGTION, Li-G. 340 MALLETT5 BAY AVENUE GOLGHE5TEK, VT 05446 THE CONTRACTOR SHALL NOTIFY "01 GSAFE" AT 1-888-DIG-SAFE PRIOR TO ANY EXCAVATION. Zoning Information rARCEL ID•. 0 _014IO FARGEL SIZE- t55. ACRE5 ZONED- NEIGHBORHOOD RE5IDENTIAL ISEO-NRI DENSITY- L2 WITS / ACRE, L55 AC X L2 IMITWAC.• L66 1-2 TMS REWIRED TO ALLOW FOR J TOTAL LOTS: 3 LOTS / 155 ACRES • 19 (MIT$ PER ACRE IIE55 TKM4 4 WIT/ACRE MAXI GON"KIITIONAL DRORSKMAL REOUIMEWS MINI" LOT AREA 12,000 5F / WIT 0 12.000 5F. MOrO5E01 LOT DVTH TO WIDTH RATIO 2:1 MIR D 2A LOTS 2 ♦ J, LOT 1� „Vm • t6 (-WAIVER KEOUESTED) FKONT K! FROM 20 FT MAX SIDE D FT REAR b FT DULD96 COY6U6E• BZ LLAX ALLOWED IM OR IdSS PROFOSmI TOTAL LOT COVERAGE, 302 MAX ALLOWED ON OR LESS IROr07ED1 LIAR OUIIDIND HEIGHT, 45 PT oBCA 13 x6on aAI,Nc E Fx E3 /NA �E NET oar DJHNFH ��•,L� �T��TJ� O'LEARY-BlJRKIE owe CIVIL ASSOCIATES, PLC IJG>79roAafrdbYE I <� F�TX,cT. »FAR JUL 1 1 2016 city of So. Burlington HER&ENROTHER PARCEL HID HINES"& RD. SOUTH DI,RLINGTOR VT SKETCH PLAN I 1 d E F,. K F L3 O q,." F'1 x..- l VpA hi VEIL' i '-etid Rac,,)H EXHIBIT A DENSITY REDUCTION EASEMENT and TRANSFER OF DEVELOPMENT RIGHTS KNOW ALL PERSONS BY THESE PRESENTS, that 1600 Hinesburg Road LLC, of the City of South Burlington, in the County of Chittenden and State of Vermont, "Grantor", in the consideration of TEN AND MORE Dollars paid to its full satisfaction by Hergenrother Construction, LLC of Colchester in the County of Chittenden and State of Vermont, "Grantee", by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and it successors and assigns forever, certain Development Rights, as described more particularly below, with respect to certain property located in the City of South Burlington, in the County of Chittenden and State of Vermont, all as more particularly described as follows: Grantor is the former owner of a lot of land measuring 11.4 acres, more or less, located at 1600 Hinesburg Road, South Burlington, Vermont, being a portion of the lands and premises conveyed to 1600 Hinesburg Road LLC by Quit Claim Deed of Michael J. Anderson dated April 4, 2005 and recorded in Volume 708 at Pages 31 to 33 of the City of South Burlington Land Records (Hereinafter Sending Property). The property is depicted as Lot #1 on a plan entitled "Subdivision Plan of the Lands of Michael J. Anderson" prepared by Button Professional Land Surveyors, PC dated August 18, 2004, last revised October 10, 2004 and of record at Map Slide 448, Map 3 of the City of South Burlington Land Records Hereinafter "the Button survey". Reference is also made to a Site Plan by Liewellyn-Howley, Inc. dated September 1, 2004 and of record at Map Slide 448, Map 2 of said Land Records. The Grantor retained the development rights when it sold the above described Lot #1 to Lawrence Parker and Valerie Parker by Warranty Deed dated January 29, 2010 and recorded in the South Burlington City Clerk's office in volume 917 beginning on page 289. The Sending Property is depicted as "1.24 acre area for the transfer of development rights pursuant to 24 V.S.A. § 4423 and Section 9.13(C)(1)(a) of the City of South Burlington Land Development Regulations" on a map entitled "Plat of survey showing former lands of 1600 Hinesburg Road, LLC and a transfer of development rights by Michael J. Anderson, Hidden Meadow's Lane, South Burlington, Vermont" dated or, last re September 14, 2016, recorded in the City of South Burlington land records at Map Slide Map The Sending Property is subject to and is benefited by the City of South Burlington Land Development Regulations adopted May 12, 2003, with amendments effective January 5, 2009 (Hereinafter "Regulations"). Terms used in this instrument shall have the meaning they are assigned by the Regulations, unless another meaning is clearly indicated herein. The Sending Property is located within the Southeast Quadrant District, as that term is defined in the Regulations. Under the Regulations, each acre of the Property has potential for development for residential purposes at a density of one and two -tenths (1.2) dwelling units per acre. Because the Property measures 11.4 acres, as shown on the above mentioned "Button survey" it can, therefore, be developed with a total of nine and one half (9.5) dwelling units. The potential to develop each dwelling unit is referred to herein as a "Development Right", meaning that the Property is benefited by 9.5 Development Rights. By this instrument, Grantor does hereby convey to Grantee, for the benefit of Grantee's property located at 1404 Hinesburg Road, South Burlington ONE (1) of the Development Rights available to the Property, thereby reducing the total Development Rights available to the Property. It is the intent of this instrument that Grantee's purchase of the Development Rights articulated herein is for the purpose of transferring and applying said Development Rights to Grantee's property located at 1404 Hinesburg Road, and the extinguishment and relinquishment of those rights at located at 1600 Hinesburg Road. By this Density Reduction Easement, Grantor does hereby convey to Grantee the Development Rights for 1.24 acres of the Property. Grantor retains any remaining Development Rights available to the Sending Property and or any other property now or formerly owned by grantor by virtue of the above mentioned Quit Claim Deed of Michael J. O� a042 47V m 1351 PG-. 128 Anderson dated April 4, 2005 and recorded in Volume 708 at Pages 31 to 33 of the City of South Burlington Land Records. If, prior to the Property being developed to the maximum density authorized by Grantor's retained Development Rights, the City modifies its Regulations to reduce the development potential of the 12.68 acres for which Grantor retained Development Rights, then Grantor shall forfeit said Development Rights. Upon such forfeiture, Grantor shall have the right to develop the Property to the extent authorized by the Regulations in effect. In addition to the retained Development Rights discussed above, Grantor retains the right to utilize any increase in the development potential of the 12.68 acres of the Property attributable to changes in the Regulations that allow development to occur at a density greater than that available under the Regulations. If the Regulations are hereafter changed in a way that ascribes development potential to the Property on any basis other than that described above, the City shall implement the terms of this easement by developing a method to equate the above -described development potential to the new development potential. The Development Right hereby conveyed to Grantee provides potential for one (1) dwelling unit, as determined under the Regulations. It may be used by Grantee only in connection with development of a lot of land consisting of acres, more or less, located at 1410 Hinesburg Road in South Burlington (Hereinafter Receiving Property). The Receiving property is the same land and premises conveyed to Hergenrother Construction, LLC by Warranty Deed of Robert K. Zimmerman and Sarah R. Zimmerman dated June 28, 2016, of record in Volume 1329 at Page _ of the City of South Burlington Land Records. Being all and the same land and premises conveyed to Robert K. Zimmerman and Sarah R. Zimmerman by Warranty Deed of Christopher McCandless and Jean McCandless dated June20, 2011, of record in Volume 1013, Page 52 of the City of South Burlington Land Records and more particularly described as follows: Being a parcel of land, with all buildings thereon, the dwelling house being known and designated as 1410 Hinesburg Road, said parcel of land having a frontage on the easterly side of Hinesburg Road of 150 feet, a uniform width of 150 fee, a depth on the northerly line of 425 feet, more or less and a depth on the southerly side of 428 feet, more or less. And also as depicted on a plat entitled "Final Plat, 1410 Hinesburg Road," dated June 24, 2009, last revised dated October 16, 2009 and prepared by Krebs & Lansing Consulting Engineers, Inc. The transfer of the Development Right effected by this instrument has been approved by the South Burlington Development Review Board by Decision dated in connection with Preliminary Plat Application and /or Final Plat Application of and the transferred Development Right is specifically transferred and assigned to the property now owned by Grantee and located at 1410 Hinesburg Road in South Burlington. This instrument has been prepared in accordance with 24 V.S.A. § 4423. Terms used in this conveyance shall have the meaning they are assigned by the Regulations unless another meaning is clearly indicated. Reference is hereby made to the foregoing deeds, plans and Regulations, and the records thereof, and to all documents therein referred to and the records thereof, in aid of this description. TO HAVE AND TO HOLD the said granted development right, with all the privileges and appurtenances thereof, to the said Grantee, Hergenrother Construction LLC, and its successors and assigns, to its own use and behoof forever; And the said Grantor, 1600 Hinesburg Road LLC for itself and its, successors and assigns, does covenant with the said Grantee and its successors and assigns, that until the ensaealing of these presents that it is the sole owner of the Sending Property and the Development Rights associated with it, and has good right and title to convey the same in manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE; except as aforesaid, and the Grantor does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. In witness whereof, Grantor sets its hand this 1 lth day of October, 2016 1600 Hinesburg Road LLC By: ichael J. And rs n STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, Vermont, this llth day of October, 2016, Michael J. Anderson, personally appeared, and acknowledged this instrument, by him subscribed, to be his free act and deed and the free act and Deed of 1600 Hinesburg Road LLC and further that he had the authority to execute t ' Deed of behalf of 1600 Hinesburg Road LLC. Before Me: r Notary Public 04,E R.(- CJi C�''r1 RE.T1�IRN %EC•' "TA PAID BOAFT OF 1... KALTfi C'ER T F IiEC T. f='-Ml4 Af"T. CEMT, REC `1_s Doill1r, Kiri4'i Ile C. I'iL4 Clue*._ Date Nov IkP2016 °e':e_f��•�f�, eft v0[.,:: IN6 FG1. .'•.'t''—Z01 C t s. _: 1 X DENSITY REDUCTION EASEMENT AND TRANSFER OF DEVELOPMENT RIGHTS TO RECEIVING PROPERTY KNOW ALL PERSONS BY THESE PRESENTS, that William B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust, of South Burlington, County of Chittenden and State of Vermont ("Grantors"), in consideration of Ten and More Dollars paid to their full satisfaction by Hergenrother Construction, LLC, a Vermont limited liability company ("Grantee"), by these presents do freely give, grant, sell, convey and confirm unto the said Grantee, Hergenrother Construction, LLC , and its successors and assigns forever, certain development rights pursuant to 24 V.S.A. Section 4423 and Article 9, Section 9.13(C)(1) of the City of South Burlington Land Development Regulations as set forth below, in property located in the City of South Burlington, more particularly described as follows: Description of Sending Property: Being a portion of those lands and premises conveyed to Diane J. Wessel and William B. Wessel, Trustees of the Diane J. Wessel Trust by Trust Deed of Diane J. Wessel dated December 2, 2005, and recorded at Volume 735, Pages 558-560 of the City of South Burlington Land Records (the "Sending Property") and more particularly described as follows: Being the density and development rights ("Density Reduction Easement") to two (2) 0.83 acre parcels of land, TDR Lots 11 and 12, as laid out and shown on an updated plan prepared by Trudell Consulting Engineers (TCE) dated June 24, 2011 and last r v. ed August 9, 2016 to add TDR Lots 11 and 12, and to be recorded at Map Slide , of the City of South Burlington Land Records (the "Development Rights Plan"). Reference is hereby made to a plan entitled "TDR Plat, Diane J. Wessel Trust, 70 Highland Terrace, So. Burlington, VT," prepared by Trudell Consulting Engineers (TCE), dated June 24, 2011, of record at Map Slide 557 of the City of South Burlington Land Records, which said Development Rights Plan shall be updated therefrom. To said deed and plat of land, the records thereof and to the deed and records referred to therein, reference is hereby made in further aid of this description. The Sending Property is subject to and is benefitted by the City of South Burlington Land Development Regulations, last amended September 24, 2013 (the "Land Development Regulations"); a copy of which is on file with the City of South Burlington Department of Planning and Zoning. Under said Land Development Regulations in the SEQ-NRP District, each one (1) acre of the Sending Property has potential for development at a density of one and two -tenths (1.2) dwelling units per acre. The development potential is referred to herein as "Development Rights." By this Density Reduction Easement, Grantors do hereby convey to Grantee the Development Rights for 1.66 acres of the Sending Property, known and designated as TDR Lots 11 and 12 on the easterly side of 70 Highland Terrace, located adjacent to and westerly of "TDR Lot 10, 0.83 acre, 36,149.1 S.F." as shown on an updated plan entitled "TDR Plat, Diane J. Wessel Trust, 70 Highland Terrace, So. Burlington, VT," prepared by Trudell Consulting Engineers (TCE), dated Juue 24, 2011 and revised August 9, 2016 to add TDR Lots 10, 11 and 12, of record at Map Slide Yof said Land Records. Grantors retain the development rights for all of Grantors' retained lands depicted on the proposed above -referenced plans (other than the Sending Property), subject to such modifications that may occur under the Land Development Regulations. If, prior to the Sending Property being developed to the maximum density authorized by Grantors retained Development Rights, the City modifies its Regulations to reduce the development potential of the remaining acres for which Grantors retained Development Rights, then Grantors shall forfeit said Development Rights. Upon such forfeiture, Grantors shall have the right to develop the Sending Property to the extent authorized by the Regulations in effect. In addition to the retained Development Rights discussed above, Grantors retain the right to utilize any increase in the development potential of the remaining acres of the Sending Property attributable to changes in the Regulations that allow development to occur at a density greater than that available under the Regulations. The property interests being conveyed by this Density Reduction Easement consist solely of the transfer of Developments Rights from the Sending Property to the Receiving Property (defined below) and in all other respects, Grantors shall retain the fee title to the Sending Property, subject to the following covenants and restrictions which are imposed for the benefit of the public pursuant to 10 V.S.A. Chapter 155 and shall run with and bind the Sending Property in perpetuity: (a) There shall be no construction or placing of any buildings or structures of any kind, temporary or permanent on the Sending Property, except the Grantors, their heirs, successors and assigns, shall have the right, subject to approval under the Land Development Regulations, where applicable, to construct non-residential structures with related access drives and utilities on the Sending Property necessary for storage of equipment and materials used in connection with agricultural or forestry activities on the Sending Property or adjacent lands of the Grantors, their heirs, successors and assigns. (b) There shall be no filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minerals or other materials, nor any building of roads or change in the topography of the land in any manner. (c) Grantors, their heirs, successors and assigns, shall have the right to maintain the Sending Property in an orderly and presentable manner including the right to utilize the Sending Property for agricultural and forestry purposes, plant trees and shrubbery, to keep the fields mowed and to take any other normal action in maintaining the appearance of the open space. (d) There shall be no dumping of ashes, trash, garbage, or other unsightly or offensive material, and no changing of the topography through the placing of soil or other substance or materials such as landfill. (e) There shall be no operation of dune buggies, motorcycles, all -terrain vehicles or any other types of motorized vehicles on the Sending Property, except: (1) snowmobiles; and (2) motorized vehicles used for the maintenance of the Sending Property for the purposes described below or for forestry or agricultural purposes. Grantors, their heirs and assigns, shall have the right to clear, construct and maintain trails for non-commercial snowmobiling, walking, bicycling, horseback riding, skiing, and other non-commercial, recreational activities within and across the Sending Property, all in a manner consistent with these open space provisions. (f) There shall be no activities or uses on the Sending Property which shall be detrimental or could be detrimental to drainage, flood control, water conservation, fish and wildlife or habitat preservation. Grantors hereby grant solely and exclusively to the City of South Burlington (1) the right of official representatives of the City, in a reasonable manner and at reasonable times, to enter and inspect the property; and (2) the right to enforce, on behalf of the public, by injunction or proceedings at law or in equity, the above -stated covenants. Nothing stated herein shall be interpreted to grant the public any right of access to the Sending Property. All rights retained by the Grantors, as above -described, shall run with the title to the Sending Property and shall be transferred automatically to any successor fee owner of the Sending Property. If the Land Development Regulations are hereafter changed in a way that ascribes development potential to the Sending Property on any basis other than that described above, the City shall implement the terms of this easement by developing a method to equate the above -described development potential to the new development potential. The Development Rights hereby conveyed to Grantee provide the present potential for the development of two (2) development units, as determined under the Land Development Regulations, to be used in connection with the development of the following described receiving property: Description of Receiving Property: Being all and the same land and premises conveyed to Hergenrother Construction, LLC by Warranty Deed of Robert K. Zimmerman and Sarah R. Zimmerman dated June 28, 2016, of record in Volume 1329 at Page of the City of South Burlington Land Records. Being all and the same land and premises conveyed to Robert K. Zimmerman and Sarah R. Zimmerman by Warranty Deed of Christopher McCandless and Jean McCandless dated June 20, 2011, of record in Volume 1013, Page 52 of the City of South Burlington Land Records and more particularly described as follows: Being a parcel of land, with all buildings thereon, the dwelling house being known and designated as 1410 Hinesburg Road, said parcel of land having a frontage on the easterly side of Hinesburg Road of 150 feet, a uniform width of 150 feet, a depth on the northerly line of 425 feet, more or less and a depth on the southerly side of 428 feet, more or less. Reference is hereby made to the foregoing deeds, plans and regulations, and the records thereof, and to all documents therein referred to and the records thereof, in aid of this description. TO HAVE AND TO HOLD the said granted Development Rights, with all the privileges and appurtenances thereof, to the said Grantee, Hergenrother Construction, LLC, and its successors and assigns, to their own use as provided herein, forever; and the said Grantors, William B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust, do for themselves, and their heirs and assigns, covenant with Grantee and its successors and assigns, that until the ensealing of these presents, they are the sole owners of the Development Rights, and have good right and title to convey the same in manner aforesaid, that they are free from every encumbrance; except as aforesaid, and they hereby engage to WARRANT AND DEFEND the same against all lawful claims whatsoever, except as aforementioned. IN WITNESS WHEREOF, Grantors have executed this Density Reduction Easement and Transfer to Development Rights on this day of Gc T— , 2016. 2& 1 ff , 14 /-/�/ W William B. Wessel, Trustee of Q Diane J. Wessel Trust Cr/}t¢. 1 14"j2 Diane J. Wess , rustee of the Diane J. Wessel Trust STATE OF VERMONT CHITTENDEN COUNTY, SS. At Bur 6, Vermont, this 3 -lay of G- / , 2016, personally appeared Wflliam B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust, and acknowledged this instrument, by them sealed and subscribed, to be their free act and deed and the free act and deed of the Diane J. Wessel Trust. Before me, a Notary Public My Commission Expires: 2/10/19 Wpdocs\Liz\Clients\DENSITYREDUCTIONEASEM ENT. WesseltoHergenrother 121- �%�`cew"ved d L• q 't„ls 10.' .ce ry 60042037 1346 k' d` - Iy im3li•i_.I1�1SE iy �eci"a}1+ TRUST CERTIFICATION William B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust established under a Trust Agreement dated November 20, 1986 (the "Trust Agreement"), as amended, hereby certify as follows: 1. The Settlor of the trust was Diane J. Wessel. The trustees are William B. Wessel and Diane J. Wessel. 2. The Diane J. Wessel Trust was established as a means to empower the trustees to hold certain real and personal assets as provided under the terms of the Trust Agreement, including those lands and premises located at 70 Highland Terrace in the City of South Burlington, Vermont. 3. The Trust Agreement specifically provides that the Trustees shall have the power to distribute the above property constituting a part of the trust estate. 4. The Trust Agreement, the identity of the Trustees, and the rights, powers and duties of the Trustees under the Trust Agreement, including but not limited to the authorizing provision abstracted in paragraph 10 below, have not been revoked and are in full force and effect; 5. The rights, powers and duties of the Trustees under the Trust Agreement include the power to sell said lands and premises. 6. No consent of any beneficiary of the Trust is necessary prior to the Trustees exercising their rights, powers and duties under the Trust Agreement. /. 111G IIMiWrl is a Vulwal-wary Vl IdIG IIUst. 8. Recordation of this Trust Certification shall constitute notice that the above -described Trust Agreement remains effective and no further certification by the Trustees is required in order to effectively convey any portion of the real estate above described, unless and until subsequent notice is recorded. 9. The name and address of both Trustees empowered to act under the trust instrument at the time of the execution of this certificate is as follows: William B. Wessel and Diane J. Wessel 70 Highland Terrace South Burlington, Vermont 05403 10. Trust Agreement provides, in Article VII (7.1)(b) as follows: "To sell, convey, exchange or mortgage any property, real or personal, to or with any person, in such manner and upon such terms as the Trustees may deem advisable, all without the necessity of obtaining leave of court;" granted. 11, The Trustees certify that no provisions of the Trust Agreement limit the authority so 12. This Trust is not supervised by any court. 13. The Trustees represent that the statements contained herein are true and correct. SIGNED UNDER SEAL this 3 day of Gc T— a 2016. William . Wessel, Trustee f the Diane J. Wessel Trust Diane J. Wesqe1jrrustee of the Diane J. WessbYFrust State of Vermont Chittenden County, SS On this 3 day of G cT— , 2016, before me personally appeared William B. Wessel and Diane J. Wessel and they acknowledged this instrument by them sealed and subscribed to be their free act and deed and the free,%ct and deed of the Diane J. Wessel Trust. Notary Public ^� c— 411&� My Commission expires: Z �a WpdoosEAS-ClientstWesell,BillOorgenrother\Trust CertiRcation.docx LOU O'Leary -Burke Civil Associates, PLC CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING I CONSTRUCTION SERVICES I LAND USE PLANNING February 1, 2017 Mr. Ray BeLair Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 RE: Hergenrother-4 Lot Subdivision 1410 Hinesburg Road Dear Ray: We are writing on behalf of Hergenrother Construction, LLC (c/o Tom Hergenrother, Sr.) to follow up with the recent combined Preliminary & Final Plan approval for the 4-Lot Subdivision at 1410 Hinesburg Road. The proposal was well received at the January 3, 2017 hearing, with minor revisions requested. The proposal is to subdivide the existing 1.5± acre lot into (4) single family home lots, one (1) of which retains the existing residence. The parcel is Zoned Southeast Quadrant — Neighborhood Residential (SEQ-NR). The existing parcel allows for a maximum density of 6 units (1.55 x 4 units/acre (with TDR's) = 6.2 units (rounded down). The project will be served by the following: • (2) Individual driveways off Highland Terrace for the proposed Lots 3 &4. In order to maintain existing roadside swale along Highland Terrace to allow for stormwater to flow to the existing catch basin north of the parcel, the new driveways are proposing to match existing swale grades (refer to detail, sheet 3) instead of driveway culverts; • Existing driveway off Hinesburg Road to existing home to remain with proposed shared access to proposed Lot 2; • Municipal Water (proposed service connections to new homes & existing drilled well connection to remain); • Municipal Sewer for all homes (existing on -site sewage disposal system to remain until failure, at which time will connect to municipal sewer stub on -lot); Please find the following responses to the Approval Decisions (any items not specifically addressed are to be agreed upon / understood): 1. Understood; 2. Understood; 3. The following revisions have been made to the Plan Set: a. The Survey Plat has the signature & seal of the Land Surveyor; b. Both the Subdivision Plan & Subdivision Plat have been revised to show each proposed house on Highland Terrace set 30 feet from its front lot line; 13 CORPORATE DRIVE ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 1 FAX 802 878 9989 1 obca@olearyburke.com c. E911 addresses have been added to the Subdivision Plan & Subdivision Plat, per instructions by Ray Belair to keep in conformance with the current numbering system along both Hinesburg Road and Highland Terrace; 4. The applicants Attorney will follow up directly with the recording of the Transfer Development Rights and any other legal documents necessary to be filed within the Land Records; 5. Please find the attached mylar for recording; 6. Understood; 7. Understood; 8. Understood; 9. Understood. Please refer to Plan Sheets 1 & 3 for erosion control information, details & specifications for the project; 10. Understood; 11. Understood. Digital (PDF) copies of the Plan Set are attached; 12. Understood. Please find the attached mylar for recording; Please find the following information for Staff and Development Review Board review and approval: 1. Findings of Fact & Decision, dated 1/18/17; 2. Three (3) full size & digital copies of Plan Set; 3. Mylar of the Subdivision Plat w/ $15 recording fee; Please call if you have any questions. Sincerely, Peter F. Heil, PE, CPESC Enc. cc: Tom Hergenrother, Sr. AWIM,►I A :60101W." southburlington PLANNING & ZONING Legal Review Invoice February 1, 2017 Tom Hergenrother, Sr. Hergenrother Construction, LLC 97 Blakely Road Colchester, VT 05446 Re: Legal Review — Transfer of Development Rights - #SD-16-34 Pursuant to the requirement to have required legal documents reviewed by the City Attorney and as required by the "Planning and Zoning Fee Schedule" adopted by the South Burlington City Council on April 20, 2011 (as amended), please remit the following amount to be used to pay for the Legal Review: Amount requested: $ 320.00 No Legal Review shall be authorized by the City without receipt of these funds. The City shall hold these funds and use them only to pay for the required Legal Review If at any time the amount being held is reduced to $0, the City shall request an additional amount sufficient to cover estimated costs from the applicant prior to authorizing any further expenditures of the Legal Review. Following the completion of the legal review, any unused funds shall be returned to the applicant. Further, the applicant retains, at all times, the right to request any unused funds be returned. Upon receipt of any such request, in writing, the city shall inform the City Attorney of this request and require that they cease any further work. Following the payment of any work done to date, the city shall return unused funds and inform the City Council that the legal review has been ceased at the request of the applicant. Checks should be made out to the City of South Burlington Please remit payments to: Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com CITY CLERK'S DFF A-E -ra Received 11ar 31 v 2017 O'1:04P Recorded in VOL: 130 PG: "M �a Of So. Burlington Land Records Attest --Donna Kinville City Clerk DENSITY REDUCTION EASEMENT AND TRANSFER OF DEVELOPMENT RIGHTS TO RECEIVING PROPERTY r- KNOW ALL PERSONS BY THESE PRESENTS, that William B. Wessel and Diane J. i� Wessel, Trustees of the Diane J. Wessel Trust, of South Burlington, County of Chittenden and State of Vermont ("Grantors"), in consideration of Ten and More Dollars paid to their full > satisfaction by Hergenrother Construction, LLC, a Vcnnont limited liability company ("Grantee"), by these presents do freely give, grant, sell, convey and confirm unto the said Grantee, Hergenrother Construction, LLC , and its successors and assigns forever, certain development rights pursuant to 24 V.S.A. Section 4423 and Article 9, Section 9.13(C)(1) of the City of South Burlington Land Development Regulations as set forth below, in property located in the City of South Burlington, more particularly described as follows: IN Cl Description of Sending Property: 0 Being a portion of those lands and premises conveyed to Diane J. Wessel and William B. Wessel, Trustees of the Diane J. Wessel Trust by Trust Deed of Diane J. Wessel dated r December 2, 2005, and recorded at Volume 735, Pages 558-560 of the City of South Burlington Land Records (the "Sending Property") and more particularly described as follows: Being the density and development rights ("Density Reduction Easement") to two (2) 0.83 acre parcels of land, TDR Lots 1 1 and 12, as laid out and shown on an updated plan prepared by Trudell Consulting Engineers (TCE) dated June 24, 2011 and lash sed pn August 9, 2016 to add TDR Lots I I and 12, and to be recorded at Map Slide!X— of the City of South Burlington Land Records (the "Development Rights Plan"). Reference is hereby made to a plan entitled "TDR Plat, Diane J. Wessel Trust, 70 Highland Terrace, So. Burlington, VT," prepared by Trudell Consulting Engineers (TCE), dated June 24, 2011, of record at Map Slide 557 of the City of South Burlington Land Records, which said Development Rights Plan shall be updated therefrom. To said deed and plat of land, the records thereof and to the deed and records referred to therein, reference is hereby made in further aid of this description. The Sending Property is subject to and is benefittcd by the City of South Burlington Land Development Regulations, last amended September 24, 2013 (the "Land Development Regulations"); a copy of which is on file with the City of South Burlington Department of Planning and Zoning. Under said Land Development Regulations in the SEQ-NRP District, each one (1) acre of the Sending Property has potential for development at a density of one and two -tenths (1.2) dwelling units per acre. The development potential is referred to herein as "Development Rights." By this Density Reduction Easement, Grantors do hereby convey to Grantee the Development Rights for 1.66 acres of the Sending Property, known and designated as TDR Lots 11 and 12 on the easterly side of 70 Highland Terrace, located adjacent to and westerly of "TDR Lot 10, 0.83 acre, 36,149.1 S.F." as shown on an updated plan entitled "TDR Plat, Diane J. Wessel Trust, 70 Highland r roi. 044 002 as % 1367 PG. 22 Terrace, So. Burlington, VT," prepared by Trudell Consulting Engineers (TCE), dated June 24, 2011 and revised August 9, 2016 to add TDR Lots 10, 11 and 12, of record at Map Slide of said Land Records. Grantors retain the development rights for all of Grantors' retained lands depicted on the proposed above -referenced plans (other than the Sending Property), subject to such modifications that may occur under the Land Development Regulations. If, prior to the Sending Property being developed to the maximum density authorized by Grantors retained Development Rights, the City modifies its Regulations to reduce the development potential of the remaining acres for which Grantors retained Development Rights, then Grantors shall forfeit said Development Rights. Upon such forfeiture, Grantors shall have the right to develop the Sending Property to the extent authorized by the Regulations in effect. In addition to the retained Development Rights discussed above, Grantors retain the right to utilize any increase in the development potential of the remaining acres of the Sending Property attributable to changes in the Regulations that allow development to occur at a density greater than that available under the Regulations. The property interests being conveyed by this Density Reduction Easement consist solely of the transfer of Developments Rights from the Sending Property to the Receiving Property (defined below) and in all other respects, Grantors shall retain the fee title to the Sending Property, subject to the following covenants and restrictions which are imposed for the benefit of the public pursuant to 10 V.S.A. Chapter 155 and shall run with and bind the Sending Property in perpetuity: (a) There shall be no construction or placing of any buildings or structures of any kind, temporary or permanent on the Sending Property, except the Grantors, their heirs, successors and assigns, shall have the right, subject to approval under the Land Development Regulations, where applicable, to construct non-residential structures with related access drives and utilities on the Sending Property necessary for storage of equipment and materials used in connection with agricultural or forestry activities on the Sending Property or adjacent lands of the Grantors, their heirs, successors and assigns. (b) There shall be no filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minerals or other materials, nor any building of roads or change in the topography of the land in any manner. (c) Grantors, their heirs, successors and assigns, shall have the right to maintain the Sending Property in an orderly and presentable manner including the right to utilize the Sending Property for agricultural and forestry purposes, plant trees and shrubbery, to keep the fields mowed and to take any other normal action in maintaining the appearance of the open space. (d) There shall be no dumping of ashes, trash, garbage, or other unsightly or offensive material, and no changing of the topography through the placing of soil or other substance or materials such as landfill. (e) There shall be no operation of dune buggies, motorcycles, all -terrain vehicles or any other types of motorized vehicles on the Sending Property, except: (1) snowmobiles; and (2) motorized vehicles used for the maintenance of the Sending Property for the purposes described below or for forestry or agricultural purposes. Grantors, their heirs and assigns, shall have the right to clear, construct and maintain trails for non-commercial snowmobiling, walking, bicycling, horseback riding, skiing, and other non-commercial, recreational activities within and across the Sending Property, all in a manner consistent with these open space provisions. (f) There shall be no activities or uses on the Sending Property which shall be detrimental or could be detrimental to drainage, flood control, water conservation, fish and wildlife or habitat preservation. Grantors hereby grant solely and exclusively to the City of South Burlington (1) the right of official representatives of the City, in a reasonable manner and at reasonable times, to enter and inspect the property; and (2) the right to enforce, on behalf of the public, by injunction or proceedings at law or in equity, the above -stated covenants. Nothing stated herein shall be interpreted to grant the public any right of access to the Sending Property. All rights retained by the Grantors, as above -described, shall run with the title to the Sending Property and shall be transferred automatically to any successor fee owner of the Sending Property. If the Land Development Regulations are hereafter changed in a way that ascribes development potential to the Sending Property on any basis other than that described above, the City shall implement the terms of this easement by developing a method to equate the above -described development potential to the new development potential. The Development Rights hereby conveyed to Grantee provide the present potential for the development of two (2) development units, as determined under the Land Development Regulations, to be used in connection with the development of the following described receiving property: Description of Receiving Property Being all and the same land and premises conveyed to Hergenrother Construction, LLC by Warranty Deed of Robert K. Zimmerman and Sarah R. Zimmerman dated June 28, 2016, of record in Volume 1329 at Page 265 of the City of South Burlington Land Records. Being all. and the same land and premises conveyed to Robert K. Zimmerman and Sarah R. Zimmerman by Warranty Deed of Christopher McCandless and Jean McCandless dated Junc20, 2011, of record in Volume 1013, Page 52 of the City of South Burlington Land Records and more particularly described as follows: Being a parcel of land, with all buildings thereon, the dwelling house being known and designated as 1410 Hinesburg Road, said parcel of land having a frontage on the easterly side of Hinesburg Road of 150 feet, a uniform width of 150 feet, a depth on the northerly line of 425 feet, more or less and a depth on the southerly side of 428 feet, more or less. And also as depicted on a plat entitled "Final Plat, 1410 Hinesburg Road," dated .tune 24, 2009, last revised dated October 16, 2009 and prepared by Krebs & Lansing Consulting Engineers, Inc. The Subdivision of the 1.5 acre lot into 4 lots for four dwelling units and the transfer of the Development Right effected by this instrument has been approved by the South Burlington Development Review Board by Findings of Fact and Decision dated January 18, 2017 in connection with Preliminary and Final Plat Application of Hergenrother Construction, LLC — 1410 Hinesburg Road #SD-16-34 and the transferred f.. B=at l044002 V : 1367 PG: 24 Development Right is specifically transferred and assigned to the property now owned by Grantee and located at 1410 Hinesburg Road in South Burlington. Reference is hereby made to the Plat entitled "Subdivision Plat of lands owned by Hergenrother Construction, LLC" dated October 2016 by O'Leary -Burke Civil Associates, PLLC", which Map is recorded in Map Hanger of the Land Records of the City of South Burlington. This instrument has been prepared in accordance with 24 V.S.A. § 4423. Terns used in this conveyance shall have the meaning they are assigned by the Regulations unless another meaning is clearly indicated. This is a corrective deed executed for the purpose of incorporating the South Burlington Development Review Board approval dated January 18, 2017 for the Receiving Property. TO HAVE AND TO HOLD the said granted Development Rights, with all the privileges and appurtenances thereof, to the said Grantee, Hergenrother Construction, LLC, and its successors and assigns, to their own use as provided herein, forever; and the said Grantors, William B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust, do for themselves, and their heirs and assigns, covenant with Grantee and its successors and assigns, that until the ensealing of these presents, they are the sole owners of the Development Rights, and have good right and title to convey the same in manner aforesaid, that they are free from every encumbrance; except as aforesaid, and they hereby engage to WARRANT AND DEFEND the same against all lawful claims whatsoever, except as aforementioned. IN WITNESS WHEREOF, Grantors have executed this Density Reduction Easement and Transfer to Development Rights on this adl1j day of M U'J' , 2017. Wil iain B. Wess 1, Trustee of the iane Wessel Trust 07w Diane J. Wess , rustee of the Diane J. Wessel Trust STATE OF VERMONT CHITTE.NDEN COUNTY, SS. 11 1 At Sou h Burl in4cn , Vennont, this 0^0Mday of 12017, personally appeared William B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust, and acknowledged this instrument, by them sealed and subscribed, to be their free act and deed and the free act and deed of the Diane J. Wessel Trust. t 1 �►�' fcie+�-; �-i eQi--���►�t Zvi cic�) '' � � � "� '�.; : r� , Before me, Notary Public ; ; o �•' ;"� My Commission Expires: 2/10/19 }•.v, j li ail•. �'.`�,' •. Wpdoc.q\U AC I ientslDENSITYR 13DUCTI UN EA SI? M ENT. W esseltol lergenrotlier Vermont Property Transfer Tat: 32 V.S.A. C-hvLP 231 RETURN REC'D-TAX PAID BOARD OF HEALTH CERT. REC'D. UT LAND USE h DEVELOPMENT PLANS ACT. CERT. REC'D Return No. -.------------------------ Donna Kinville City Clerk Date filar 31 r 2017 I'MWr „ I Y i 1+ S —" �t ME" N ; MIA � e S :.+' �.. a e I a i ► 0043857 I V: 1365 PG. 1 CI Recel OF So At Onnna t:ias Y CLERK'S OFFICE d Mar 23v2017 10:OOA d in VOL: 1365 PG: 125 i ;51pq Burlington Land Records e5t .irrville erk DENSITY REDUCTION EASEMENT and TRANSFER OF DEVELOPMENT RIGHTS KNOW ALL PERSONS BY THESE PRESENTS, that 1600 Hinesburg Road LLC, of the City of South Burlington, in the County of Chittenden and State of Vermont, "Grantor", in the consideration of TEN AND MORE Dollars paid to its full satisfaction by Hergenrother Construction, LLC of Colchester in the County of Chittenden and State of Vermont, "Grantee", by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and it successors and assigns forever, certain Development Rights, pursuant to 24 V.S.A. Section 4423 and Article 9, Section 9.13(C)(1) of the City of South Burlington Land Development Regulations as described more particularly below, with respect to certain property located in the City of South Burlington, in the County of Chittenden and State of Vermont, all as more particular;y dc::.riblcd fc!lc v DESCRIPTION OF SENDING PROPERTY Grantor retained the development rights on a lot of land measuring 11.4 acres, more or less, located at 1600 Hinesburg Road, South Burlington, Vermont, being a portion of the lands and premises conveyed to 1600 Hinesburg Road LLC by Quit Claim Deed of Michael J. Anderson dated April 4, 2005 and recorded in Volume 708 at Pages 31 to 33 of the City of South Burlington Land Records (Hereinafter Sending Property). The property is depicted as Lot 41 on a plan entitled "Subdivision Plan of the Lands of Michael J. Anderson" prepared by Button Professional Land . Surveyors, PC dated' August 18, 2004, last revised October 10; 2004 and of record at.Map Slide 448, Map 3 of the City of South Burlington [.,and Records Hereinafter "the Button, survey". Reference,, is. also made to a Site Plan by Llewellyn -Howley, Inc. dated September 1, 2004 and of record at.Map Slide 448, Map 2 of said Land Records. The Grantor retained the development rights when it sold the above described Lot 41 to Lawrence Parker and Valerie Parker by Warranty Deed dated January 29, 2010 and recorded in the South Burlington City Clerk's office in volume 917 beginning on page 289. The Sending Property is depicted as "1.24 acre area for the transfer of development rights pursuant to 24 V.S.A. § 4423 and Section 9.13(C)(1)(a) of the City of South Burlington Land Development Regulations" on a map entitled "Plat of survey showing former lands of 1600 Hinesburg Road, LLC and a transfer of development rights by Michael J. Anderson, Hidden Meadow's Lane, South Burlington, Vermont" dated or last revised September 14, 2016, recorded in the City oi'South Burlington land records at Map Slide 599, Page 5 (the "TDR Plan"'). The Sending Property is subject to and is benefited by the City of South Burlington Land Development Regulations adopted May 12, 2003, with amendments effective January 5, 2009 (Hereinafter "Regulations"). Terms used in this instrument shall have the meaning they are assigned by the Regulations, unless another meaning is clearly indicated herein. The Sending Property is located within the Southeast Quadrant District, as that term is defined in the Regulations. Under the Regulations, each acre of the Sending Property has potential for development for residential purposes at a density of one and two -tenths (1.2) dwelling units per acre. Because the Property measures 11.4 acres, as shown on the above mentioned "Button survey" it can; therefore, be developed with a total of thirteen (13.0) dwelling units. The potential to'develop each dwelling unit is referred to herein. as a "Development Right", meaning that the Property is benefited by 13 Development Rights. By this instrument, Grantor does hereby convey to Grantee, for the benefit of 4r 00043857 `i v 1365 PG : 1 Grantee's property located at 1404 Hinesburg Road, South Burlington ONE (1) of the Development Rights available to the Sending Property, thereby reducing the total Development Rights available to the Sending Property. It is the intent of this instrument that Grantee's purchase of the Development Rights articulated herein is for the purpose of transferring and applying said Development Rights to Grantee's property located at 1404 Hinesburg Road, and the extinguishment and relinquishment of those rights at located at 1600 Hinesburg Road. By this Density Reduction Easement, Grantor does hereby convey to Grantee the Development Rights for 1.24 acres of the Sending Property, being the land shown and depicted as "1.24 acre area for the transfer of development rights pursuant to 24 V.S.A. Section 4423 and Article 9, Section 9.13(C)(1) of the City of South Burlington Land Development Regulations" on the TDR Plan. Grantor retains the development rights for 10.2 acres of the Sending Property and or any other property f►o,; of 1or►rierly l vineU buy Gr nz.r by 7 irt'ue of the above me,ntio.ned Quit Claim .Deed of Michael J. Anderson dated April 4. 2005 and recorded in Volume 708 at Pages 31 to 33 of the City of South Burlington Land Records. If, prior to the Property being developed to the maximum density authorized by Grantor's retained Development Rights, the City modifies its Regulations to reduce the development potential of the 10.2 acres for which Grantor retained Development Rights, then Grantor shall forfeit said Development Rights. Upon such forfeiture, Grantor shall have the right to develop the Property to the extent authorized by the Regulations in effect. In addition to the retained Development Rights discussed above, Grantor retains the right to utilize any increase in the development potential of the 10.2 acres of the Sending Property attributable to changes in the Regulations that allow development to occur at a density greater than that available under the Regulations. If the Regulations are hereafter changed in a way that ascribes development potential to the Sending Property on any basis other than that described above, the City shall implement the terms of this easement by developing a method to equate the above -described development potential to the new development potential. The property interests being conveyed by this Density Reduction Easement consist solely of the transfer of Development Rights from the Sending Property to the Receiving Property (defined below) and in all other respects, Grantor shall retain the fee title to the Sending Property, subject to the following covenants and restrictions which are imposed for the benefit of the public pursuant to 10 V.S.A. Chapter 155 and shall run with and bind the Sending Property in perpetuity: (a) There shall be no construction or placing of any buildings or structures of any kind, temporary or permanent on the Sending Property, except the Grantor, its successors and assigns, shall have the right, subject to approval under the Land Development Regulations, where applicable, to construct non-residential structures with related access drives and utilities on the Sending Property necessary for storage of equipment and materials used in connection with agricultural or forestry activities on the Sending Property or adjacent lands of the Grantor, its successors and assigns. (b) There shall be no filling, excavating, dredging, mining or drilling, removal of topsoil, sand,gravel, rock, minerals or other materials, nor any building of roads or change in the topography of the land in any manner. 00043857 V : 1365 PG e 1 (c) Grantor, its successors and assigns, shall have the right to maintain the Sending Property in an orderly and presentable manner including the right to utilize the Sending Property for agricultural and forestry purposes, plant trees and shrubbery, to keep the fields mowed and to take any other normal action in maintaining the appearance of the open space. (d) There shall be no dumping of ashes, trash, garbage, or other unsightly or offensive material, and no changing of the topography through the placing of soil or other substance or materials such as landfill. (e) There shall be no operation of dune buggies, motorcycles, all -terrain vehicles or any other types of motorized vehicles on the Sending Property, except: (1) snowmobiles; and (2) motorized veh,icics uscd ; or the maintenance of he Sending Property for the purposes ddscribed below or for forestry or agricultural purposes. Grantor, its successors and assigns, shall have the right to clear, construct and maintain trails for non-commercial snowmobiling, walking, bicycling, horseback riding, skiing, and other non-commercial, recreational activities within and across the Sending Property, all in a manner consistent with these open space provisions. (f) There shall be no activities or uses on the Sending Property which shall be detrimental or could be detrimental to drainage, flood control, water conservation, fish and wildlife or habitat preservation. Gi antor hereby grants solely and exclusively to the City of South Burlington ( I ) the right of official representatives of the City, in a reasonable manner and at reasonable times, to enter and inspect the property; and (2) the right to enforce, on behalf of the public, by injunction or proceedings at law or in equity, the above -stated covenants. Nothing stated herein shall be interpreted to grant the public any right of access to the Sending Property. All rights retained by the Grantors, as above -described, shall run with the title to the Sending Property and shall be transferred automatically to any successor fee owner of the Sending Property. Description of Receiving Property: The Development Right hereby conveyed to Grantee provides potential for one (1) dwelling unit, as determined under the Regulations. It may be used by Grantee only in connection with development of a lot of land consisting of 1.5 acres, more or less, located at 1410 Hinesburg Road in South Burlington (Hereinafter Receiving Property). The Receiving property is the same land and premises conveyed to Hergenrother Construction, LLC by Warranty Deed of Robert K. Zimmerman and Sarah R. Zimmerman dated June 28, 2016, of record in Volume 1329 at Page 265 of the City of South Burlington Land Records. Being all and the same land and premises conveyed to Robert K. Zimmerman and Sarah R. Zimmerman by Warranty Deed of Christopher McCandless and Jean McCandless dated June20, 20, 1, of record in Volume 1013, Page 52 of the City of South Burlington Land Records and more particularly described as follows: 00043857 ) V : 1365 PG-. 1 Being a parcel of land, with all buildings thereon, the dwelling house being known and designated as 1410 Hinesburg Road, said parcel of land having a frontage on the easterly side of Hinesburg Road of 150 feet, a uniform width of 150 fee, a depth on the northerly line of 425 feet, more or less and a depth on the southerly side of 428 feet, more or less. And also as depicted on a plat entitled "Final Plat, 1410 Hinesburg Road," dated June 24, 2009, last revised dated October 16, 2009 and prepared by Krebs & Lansing Consulting Engineers, Inc. The Subdivision of the 1.5 acre lot into 4 lots for four dwelling units and the transfer of the Development Right effected by this instrument has been approved by the South Burlington Development Review Board by Findings of Fact and Decision dated January 18, 2017 in connection with Preliminary and Final Plat Application of Hergenrother Construction, LLC — 14 10 Hinesburg Road 4SD-16-34 and the transferred Development Right.is specifically transferred and assigned to the property, rio:W owned by Grantee anc; i:;: ated at 14' 0 11-1 me 1 ur- Road in South Budington. . Reference is hereby made to the Plat entitled "Subdivision Plat of lands owned by Hergenrother Construction, LLC" dated October 2016 by O'Leary -Burke Civil Associates, PLLC", which Plat is recorded in Map Hanger of the Land Records of the City of South Burlington. This instrument has been prepared in accordance with 24 V.S.A. § 4423. Terms used in this conveyance shall have the meaning they are assigned by the Regulations unless another meaning is clearly indicated. Reference is hereby made to the foregoing deeds, plans and Regulations, and the records thereof, and to all documents therein referred to and the records thereof, in aid of this description. TO HAVE AND TO HOLD the said granted development right, with all the privileges and appurtenances thereof, to the said Grantee, Hergenrother Construction LLC, and its successors and assigns, to its own use and behoof forever; And the said Grantor, 1600 Hinesburg Road LLC for itself and its, successors and assigns, does covenant with the said Grantee and its successors and assigns, that until the ensealing of these presents that it is the sole owner of the Sending Property and the Development Rights associated with it, and has good right and title to convey the same in manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE; except as aforesaid, and the Grantor does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. In witness whereof, Grantor sets its hand this--3day of February, 2017 1600 Hinesburg Road LLC BRV Michael J. A�hKson 00043857 STATE OF VERMONT CHITTENDEN COUNTY, SS. Ve 1365 PG: 12' At South Burlington, Vermont, this -?;,�%Iay of February, 2017, Michael J. Anderson, personally appeared, and acknowledged this instrument, by him subscribed, to be his free act and deed and the free act and Deed of 1600 Hinesburg Road LLC and further that he had the authority to execute this Deed of behalf of 1600 Hinesburg Road LLC. 2,"Before Me: otary Public ; J1�� NOT/;ZY 1 PUBLIC �) DAVID H. CASIER NOTARY PUBLIC STATE OF VER�UiONT My Commission Expires February 10, 2V.43 Vermont Property Transfer Tax 32 V-S-A- Cttic.Q 231 --AC:KNOWLEDGEMENT— RETURN RECT-TA, PAID BOARD OF HEALTH CERT. RECT. VT LAND USE & DEVELOPMENT PLANS ACT. CERT. REC T Return No. _.------------------------ Donna Kinville Cits Clerk Date Mar 2312017 CAANLCI7 1 ICT NOTE: (O.D.) indicates outside diameter of applicable monument. CORNER 1: 5/8" rebar TO BE SET CORNER 1a: 5/8" rebar recovered 14" above grade and bears S81 "24'24"W, 4.12' from Comer 1. CORNER 2: 5/8" rebar TO BE SET CORNER 3: 1-114"(O.D.) metal pipe recovered 12" above grade. CORNER 4: 5/8" rebar TO BE SET CORNER 5: 1-114"(0.0.) metal pipe recovered 24" above grade. CORNER 6: 1-1/4"(O.D.) metal pipe recovered 18" above grade. CORNER 7: 5/8" rebar TO BE SET CORNERII: 1-1 W'(O.D.) metal pipe recovered 24" above grade. CORNER 9: 5/8" rebar TO BE SET CORNER 9a: 1/2" rebar recovered leaning and was located at its base and bears S81 "43'35"W, 5.55' from Comer 9. CORNER 10: 5/8" rebar TO BE SET CORNER 11: 5/8" rebar TO BE SET CORNER 12: 5/8" rebar TO BE SET CORNER 13: 5/8" rebar TO BE SET CORNER 14: 518" rebar TO BE SET CORNER IS: 4" X 4" concrete bound recovered 8" above grade. Lands of CORNER 16: 4" X 4" concrete bound recovered 6" above grade. MJ CapOtrio CORNER 17: "T-Stake" recovered leaning with a 10" reveal and was located at its base. 8281350 Lands of J.S. Bialas, Jr. & M.T. Bialas 4681400 Lands of R.M. & C.A. Bourbeau 417147 _ 94.87' 38 00' ,02"W S8� 45"W - , I 7„ S82.4002 W_��.00 W. J1�� ����N06723'46- W w 1 Y ��„����-__ _ — -_... l .; F 413„ L QT 3 proposed ge driveway Oaf 581'43�W ",� — n -Q°1- A�77¢�J�s+� L- O� 2�7 3tr?S house/9 proposed ti1 Ca 01 _Y-- YdaGa 3`IS3 t0 v 1 f� a .. 8 --Tel3 E) d a ssa s, ll 1 _ _ � - O 1 6er .,sea L"" (54. \ _ _ _ 16 �1 _ W 696') -I house/garage Z� �- _ ( 2---66 e �fl S% _ proposed , ayr� i aeosm y� W .. met f�� �Os saoa7 ,BJ4' 4" mo Ci3'J9�°os s �1 *. \�3O>8 nH"i 0.... 3 q rn a$ .A. I ° �°jhr0 i y"s 7 00 1 b.. q -� 5 �ILOT-2 . E 43'35���� 's, r�s. _ ti0 g8 4'24 W rnI — t 0.27 acres a "La' N81' _(4�,) 1 36F "14" ; 93. N61-2-24"E_) - t _ �- _ 'oo (173 ' - tYi 142,46_� 22' 25 wt� 1 _ sty 4, pfOPosed driwwoy (93. _(1401iX6 1 \- wife _ —�20.0� `` ProP Font 3b,4fit,ng Lots 1 V� "10" ru N gr veL. drive- _ _ o _ easemen proposed �o o N81'43_'3_5"E� _ - hpl,lse Ool ' hOusel9arage / _.{ (93'83� ��ac:.as and v Prop-d 20• wide Oc' ling Lot 1 LOT4 r t 2. I �I utility eaaement 1 �+ 0,27 ac-res v all rJ �I propane tank G+ --- 4�_-� 1 LOT 9 �� 4 E -17- O � m Dubois ° Q Drive c iO m ° / m o.% Highland / -"--Terrace Site Van Sickle" iJ 1 Road So4th AI. o f o Tok, .eur41, Sheyb4�Of n9'tO/7 Location Plan-n.t.s. Z Typical Stamped Caps on Set Monumentation ^. (not to scale) .a A o F � OBCA LS /D1ti0]09 1-1/4 3 ± 0.68 acres + —���-� m _ N81 2 15 lAl cr —�� 167.74 o > a n o a NI -��� 2 -I c aJ I —ch � : C N812r24"E c 33.00, __ J _ _ �� I,ands of o' ,a a 0 �69.6-� R.U. & L.F. Farley 3 n 9 a ..la"O ..t.. 2111288 o 3 c SNORT LINE COl1RSES u fn o m m LI N0727'32"W 8.90' L2 N65'74'50"E 14.04' 1 Fr-r-mn Found Comer Monument O O (See Corner List) Set Comer Monument (See Corner List) Unmonumented Point A& Corner Number (See Corner List) Drilled Well O Sewer Manhole Subject Boundary Line Adjoining Boundary Line Easement Boundary Line Record Boundary Line Zoning Setback Line Existing & Proposed Water Line Existing & Proposed Sewer Line L3 N12'11'21'E 277' SURVEY NOTES L4 N16'26'42"W 19.22' CITY OF SOUTH BURLINGTON ZONING INFORMATIQA L5 N67'40'26"E 29.79' Parcel I.D.# 0860-01410 L6 S39'29'38"E 18.04' Parcel Size: 11.50 acres L7 S81'16'13"W 0.85, Zoning District: Neighborhood Residential (SEQ-NR) L8 S08'I9'11"E 5.00 Density. 1.2 Units/Acre: 4 Units/Acre with TDR's Front Yard Setback: 20' Max. Side Yard Setback: 10' Rear Yard Setback: 30' Approved by the Resolution of the Development Remw Board of the City of South Burlington, Vermont on the day of 20_, sublecl to the regwrements and conditions Of said Res olor on. Signed this day of 20 . by Chairman or Clerk City of South Budfrigton Clerk's Office Received for Record This daycf A.D. 20 ,af o'clock minutes M. and fled in: City Clerk Graphic Scale 1- 30' 30 25 20 15 10 5 0 13 30 6n 120 Seth W. Kittredge. L.S. 060709 1-7/i6" 5/8" X 30" I rebar Direct Ties Comer 3 to 75: S25"21'49"E, 12.81' Comer 15 to 16: N82"20'14"E, 60.13' 1. The purpose of this survey was to retrace, monument and subdivide the lines and comers 3. Hinesburg Road (VT. Route 116) was determined to be 4 rods (66) wide from of lands deeded to Hergenrother Construction, LLC in Volume 1329, Page 265 of the City of information shown on the plan noted in 2a. The easterly line of Hinesburg Road South Burlington Land Records, dated June 28, 2016. (VT. Route 116) was established at 2 rods (33) from the approximate center of 2. The following plats recovered in the City of South Burlington Land Records and from the existing traveled portion of the highway. other sources were used in aid of this survey: 4. Highland Terrace was created in Volume 142, Page 492 of the City of South a. Plan entitled; "Plan and Profile of Proposed State Highway, National Recovery Burlington Land Records, dated May 30, 1978, and the plat noted in 2d. It was Secondary Project, Towns of South Burlington, Williston, Shelburne, St. George, determined by a review of pertinent deeds in both the client's chain of titre and the Burlington -Bristol Road, Project #OOR502", prepared by the State of Vermont, State Highway chain of title for Highland Terrace, that the easterly line of the subject parcel Department, dated October 4, 1932. A digital copy of said plan was obtained from digital (along with adjoining and adjacent properties located southerly of the subject archives of the Vermont Agency of Transportation. parcel), and the westerly line of Highland Terrace share a common boundary. b. Plat entitled; "Lot Layout - H. DuBois, So. Burlington", dated August, 1969, and is A conflict was uncovered in the field between recovered original monumentation recorded in Map Slide #94 of the City of South Burlington Land Records. Identifying the easterly comers of the subject parcel and adjoining, and adjacent, c. Plat entitled; "Property Plan of Christian & Hazel G. Hoskam, So. Burlington and Williston, lands located southerly of the subject parcel, with monumentation identifying the Vt. ", prepared by Warren A. Robenstien, L.S. 48, dated June, 1971, and is recorded in Map westerly boundary of Highland Terrace set in accordance with the survey noted in Slide #99 of the City of South Burlington Land Records. 2d. This survey honors the recovered orlgnal monumentation identifying the all Plat entitled; "Plat of Subdivision for SMART ASSOCIATES, INC., South Burlington, easterly comers of the subject parcel as marking the westerly boundary of Vermont", prepared by Trudell Consulting Engineers, Inc., dated November, 1977, and is Highland Terrace. recorded in Map Slide #113 of the City of South Burlington Land Records. 5. Unless otherwise noted, the physical location of underground utilities were not e. Plat entitled; "Plat of Subdivision for SMART ASSOCIATES, INC., South Burlington, determined by this survey. Vermont", prepared by Trudell Consulting Engineers, Inc., dated November, 1977, last 6. The information on this plat reflects conditions that were existing at the time of revised March 23, 1978, and is recorded in Map Slide #115 of the City of South Burlington the survey both at the project location and in the land records of the City of South Land Records. Burlington as of October, 2016. I. Plat entitled; "Ledge Knoll Subdivision, Homer & Marie DuBois, Hinesburg Road, So. 7. The direction of this survey is relative to Vermont Grid North (NAD83, Burlington", prepared by Trudell Consulting Engineers, Inc., dated November iQ 1983, and VT-4400) as determined by Network RTK-GPS observations made on site May is recorded in Map Slide #172 of the City of South Burlington Land Records. 19, 2016. THE INFORMATION ON THIS P S A COMPILATION AND R OF PERTINENT LAND INFORMATION. FIELD WITH 27 V.S.A. 1403 AND CURRENT RULES SET FORTH F BY THE VERMONT BOARD OF LAND SURVEYORS. THIS PLAT IS ONLY VALID WITH MY ORIGINAL SEAL AND SIGNATURE. ❑ RECORD DRANND III PRELIMINARY ❑ FINAL ❑ SKETCH O'LEARY-BURK] CIVIL ASSOCIATES, PLC 13CORPORATE DRIVE ESSEXJCT. VT PHONE: 8I8-9990 FAX: 878-909 SUBDIVISION PLAT of Lands Owned by 2016-41 HERGENROTHER2016-41 -PLAT CONSTRUCT/ON, LLC PLAN SHEET/ 1410 Hinesburg Road (Vermont Route 116) City of South Burlington, County of Chittenden, State of Vermont PLl im U SUTLER OR. pU�o15 DRIVE _ — / I CONNECTED TO I CONNECTED TO MUNICIPAL WATER / MUNICIPAL WATER / I SEWER SERV IDES SEWER SERVICES ` 1 I E 1 I R1 I PRESUMPTIVE 1 I11 _ WASTEWATER_ _ _ _ _ S _ ISOLATION ZONE I EHOUSEG EXI5rIN6 I HausE _1 -- I / ROUGH LOCATION _ / 1 OF EXI5TING / \ I ON-wfa WELL BIALAS \ 1`111�1 \ EXISTING CA. RIMS 415.°16 \ I • 416.43 PVG IN• 40. DO RDEAY _. - REMOVE EHOUSXISTlEG \\ - EXISTING -WILLOW MIN. 6' HIGH / \ _ WHITE MIN. p HICAFOTKIO I I ( N/F F TYPE TC• IGE5 \ / / _ ` _ _ CEDA` I£DGE _ \ WATER SERVIC�S W/ \`I PRESERVE N& ALONG, �\ \ ', CURD STOPS �"�' LANDSCAPING ALONG .ACCESS 4 UTILITY JLOTS 11REFl.�C.ea.IENTI PROPERTY � EASEMENT 1 ANp 21 / C NEFI TING LOT OFF EXISTING \ _ \ / OF GRAVEL _ _ = "".« JCI AR UGH �� a +078 ACRES \J WIDE ASEMEY GARAGE• 423.0 ASEMENT T WALL- 25.1 \ C � AIM' p' H O C O. �IJO ITIR6+- I FIN FL, 425.1 O W 1 2 GI{ 40 PVC \ \ K O GT+0.AR7W8AAGLAELC• • R4E42ST5.51 u I 'a 1 / /I - \ -/ _ rC\ER ^P\ R\ LOR wTlO, //• S• \ \ _ I _cc _WATER 5FKV U^ f NOER SEWER fft5T� IN& V W 030 EWAY 35 P Q _-RIVEL 5 W - GH C N CURD STOP 40 PVG G.O.. SD4P 35 C IN.I 4 41�0 IM I _ I J2 WIDE LOT 4 \ DUCE I +0.78 ACRES -1 - EXISTING G. / I 2� O, I EASE IEMENT 1 HOUSE IN '4j9'T PROVIDE MQNI )PALJ / DENEFITING GARAGE• 424.5 \ ^ J T. WALL• 425.5 1 20 WIDE ACCESS + FUTURE CONNECTION/ I�QT\ 1_4 FIN. PL. 426 UTI ITY EASEMENT /� "UPON--E3(IST.' ON -SITE BENIEFITIN& LOT 2 / SEWAGE 015, A PR�ANE \ AREA FAiL +� .2 -� I •0.68 ACRES EXISTING WELL - _ _ r DRILLED \ I CONNECTED TO MUNICIPAL WATER / I SEWER SERVICES IEXISTING i HOU5E I L I \ \ I I 1 I 1\ 1 \ \ LOTS J 4 4 DRIVEWAYS TO MATCH \ EXIS' 1ROADSIDE SWALE TO \ IMAINTAIN FLOW TO NORTHERLY C® \ \ IREFER TO DRIVEWAY SECTION DETAIL, SHT. 3 FOR ADDITIONAL INFORMATION) I� �L - - TYP" APPROX. LOCATION OF EXISTING \ \ SEWAGE DISP05AL AREA TO ( CONTINUE TO DE UTILIZED UNTIL \ \\ �,- -� FAILIlddRREE THE SYSTEM CURRENTLY `---- APPEJIR5'TO BE OPERATING - `\ 4./Q /ice I PROPERLY. WHILE NOT CAUStN& \ , ".APPARENT POD UTION. EX15TIWI _ AREA E REMOVED IN1 BMO IN ACCORDANCE 116 � THE EPR'S AND CONNECT TO '01ANIOIPAL SEWER STUD ONCE I ( I / `FAILURE OCCURS. FARL.EY / 1 11 EXISTING / HOUSE / CONNECTED TO I I MU CIPAL SEWER ♦ OFF SITWELL FJ_L STIELD H ITYN I / I _"E (WW- -321 1 \ � I - GRAPHIC SCALE P c Z 3/4• TYPE 'X• COPPER W(1TER SERVICES W/ CURD STOPS UOTS 3 4) \ rOVIDE 1-V7 TYPE "K . COPPER WATER \ LINE DIRECT TAP TO \ N I5TING WATERMAIN. INSTALL NEW 8•z6' \ WYE • AFPROX ELEV., 413.7 �1 I -A NG rn TV, T. 79 POWER ST. SEWER MH 423.30 PVG IN 416.65 DIANE VESSEL TRUST N/F I U] Owner & Applicant FOR •5TIN6 SINGLE FAMILY HOME LOCATED ON LOT 1, FUTURE REPLACEMENT CONNECTIONS FOR BOTH WATER ♦ SEWAGE 1 inch 30 tL = DISPOSAL ARE SHOWN TO CONNECT TO MUNICIPAL SYSTEMS. • IF EXISTING ON -SITE SEWAGE DISPOSAL 5Y5TEM FAIL5 ,FIRST, THOMA5 HERGENROTHER THE LANDOWNER SHALL CONNECT TO THE STUDDED OUT HERGENROTHER G0N5TRUGTI0N, LUG. MUNICIPAL SEWER SERVICE' • IF THE EXISTING ON-51TE WELL FAIL 5 AND/OK DRYS Ur •FIRST, 340 MALLETT5 BAY AVENUE THE LANDOWNER SHALL CONNECT TO DOTH THE C.OLC.HE5TER, VT 05446 MUNICIPAL WATER ANQ SEWER 5TU'D5, AS THE LOCATION OF THE MUNICIPAL WATER SERVICE 15 TOO CLOSE IN PROXIMITY TO THE ON-51TE SEWAGE OISPO5AL SYSTEM. 1HE CONTRACTOR SHALL NOTIFY •01GSAFE• AT 6. I 1-888-DIG-SAFE PRIOR TO ANY EXCAVATION, a v� ,,4A A0� 1111 A,` CONNECTED TO MUNICIPAL WATER / SEWER SERVICES LOCAT/ON PLAN SOUTH DURLINGTON. VT NT.5. Legend PROJECT BOLIDARY _ ADJACENT PROPERTY DOUNOARY EASEMENT BOUNDARY 5ETDAGK �- WATER LINE Zoning Information PARCEL ID4- 0660-0140 PARCEL SIZE I]• ACRES ZONED. NEI6HDOKHO00 KE5IDENTIAL (5E0-N) DENSITY U UNITS / ACRE' IS AC X U UNITS/AC, le (•J TORS REQUIRED TO ALLOW FOR 4 TOTAL LOTS; 4 LOTS / 1.5 ACRE5 • 267 UNITS PER ACRE ILE55 THAN 4 UNIT/ACRE MAX) CONVENTIONAL DIMENSIONAL REQUIRPJOITS MINIMUM LOT AKEA, 12000 5F / UNIT 6 12000 SF. PROP05ED1 LOT DEPTH TO WIDTH RATIO ?I MIN LOT I- 1 .T]O SF / 2T65 AVG. DEPTH • D4.0' AV6. WIDTH LOT RATIO V6.5 / M40' • 26 ; LOT Y 12,0M 51' / 271' AV6 DEPTH 414' AV6. WIDTH LOT RATIO VT / 43.4 0.3D LOT J ID.M 5F), RA' / 4 • 205+ LOT 4 112.04p w, 16f / TS • 26, SETTS Q" FRONT, X FT MAX SIDE- 10 FT REAR, 30 FT WILDING COVOCA6 . w MAX ALLOWED 1"11 PROPO 1 TOTAL LOT GOVERAG0 302 MAX ALLO 0 075% 10.27 AGRE51 MOPOSEDI MAX MILDING HEIGHT- 45 FT DEC 2 9 2016 City of So. Burlington 12!I21'2 REVISE PER FINPL CITY REVIEW F 11i30i'i REVISE PERW REVIEW OBCA RE ORANlvC O wKIIWVARv N C3 SA/pi T OOCA OTEARY-BURKE CIVIL ASSOCIATES, PLC DWE 1•-3G B HERGENROTHER PARCEL MIO HINE51SUR6 RD. SOUTH) DUKLINGTOR VT SUED I V 1 S I ON PLAN 02-Nov-16 S pla FT rip Generation Rates -- 9th Edition Instructions: Enter Expected Unit Volumes into Column M Pass-by rates from ITE Trip Generation Handbook - 2nd Edition Notes on Color Coding at Bottom (copyrights, Insitute of Transportation Engineers) Description/ITE Code Units ITE Vehicle Trip Generation Rates (peak hours are for peak hour of adjacent street traffic unless highlighted Expected Units Total Generated Trips Total Distribution of Generated Trips Weekday AM I PM I Pass-Byl AM In I AM Out PM In I PM Out Daily I AM Hour I PM Hour AM In I AM Out I Pass-Byll PM In I PM Out Pass -By Single Family Homes 210 DU 9.52 0.75 1.00 1 25% 75% 63% 37% 4.0 38 3 1 4 1 1 2 1 0 11 3 1 1 1 0 RED Rates = CAUTION - Use Carefully - Small Sample Size Green Rates = Peak Hour of Generator - (no peak rate for the rush hour of adjacent street traffic) Blue Rates = Saturday Daily total - (no weekday daily rate) *Pass -By % are Rates from Weekay PM Peak Period *The Total Pass -By Trips will be Distributed: 50% IN / 50 % OUT NA = Not Available KSF - Units of 1,000 square feet DU = Dwelling Unit Fuel Position = the number of vehicles that could be fueled simultaneously Occ.Room = Occupied Room 02-Nov-16 Lindsey Britt From: Baboo1416@aol.com Sent: Tuesday, January 03, 2017 2:29 PM To: Lindsey Britt Subject: Proposed Land Development Lindsey, as per our telecon this afternoon, I am writing regarding my concern about the existing trees bordering the land between my property (1416 Hinesburg Road) and the proposed development by Hergenrother Construction. I have an in -ground swimming pool and the trees provide privacy between the existing house and mine. Since I see no mention of these trees on the subdivision plan I was sent, it is my hope that these trees shall remain. Thank you for your time and consideration. Linda Farley 1416 Hinesburg Road South Burlington Please Check One Below 1 I ee Ad: Ads from South Burlington residents for ITEMS FOR SALE, 1 tEE ITEMS, TAG SALES,WANTED ITEMS, FOUND ITEMS, LOST ITEMS and 1 HICLES FOR SALE will be printed for 2 weeks free of charge, 1 i a space available basis. 1 1 aid Ad: SERVICE, REAL ESTATE FOR SALE or REAL ESTATE 1 OR RENT ads cost $20 per week. Make checks payable to 1 he Other Paper and mail to the address listed at the bottom of this form. 1 1 —week(s) @ $20/wk = $ (please submit this amount) 1 1 4d information (30 words or less) and applicable payment must be received 1 by our THURSDAY NOON deadline to be included in the next issue. Submit ads online at www.otherpapersbvtcom, mail this form to the address below, or email to classifieds@otherpapersbvt.com. ime; address and phone number are required for residency verification. 1 1 e: 1 ie Number: 1 1 1 ess: I ! tisement: (50 words or less) 1 1 1 1 1 1 The Other Paper, 1340 Williston Road, South Burlington, VT 05403. 1 1 --—————————————————— — — — — — J ditions CONTINUED FROM PAGE 15' ? ' When the old man and in went to their oven to on the gingerbread girl, she �d out of the oven she runs ,lls, "I'll run and I'll run with and a twirl. You can't catch n the gingerbread girl." This a chance for more dialogue pen and yet another oppor- to intertwine cross learning s in to one activity. away Rice Cake by Ying Chang Compestine, The RunawayLatkes by Leslie Kimmelman, The Mu- subi Man: The Hawaii's Ginger- bread Man by Sandy Takayama, and The Cajun Cornbread Boy by Dianne De Las Casas. There are countless others that follow the same themes and, of course, dont leave out the Jan Brett versions. BY ELLEN DROLETTE, PROJECT COORDL- ing of gingerbread boys and N.AToR, NEw AMERICANS Ev CLLIID CARE, here are so many different C= CARE RESOURCE. FoR MoREmIFoR- ns of this story. Check out MIMON, VISTT HT .*11GRowINGICIDssoUTH- ocal libraries for The Run- BURL17rGT0N.aL0csPOT.00M1. lot with the ex acre lot (lot #3 Bill Miller,'Ch South Burlin€ Copies of the : South Burling a prerequisite z Development` ReviewBo I ilic inspection at the local proceeding is Lent appeal. otherpapervt.com Call to learn about our anytime dining locally sourced farm -to -table menu that is always "fired -fresh" for you daily 7am-7pm. THE RESIDENCE Call to schedule rciur tub .z , -2-r� VISR,. t�A—ay Independent & Assisted Living I Reflections Memory Care A6S Ouarry Hill Road - South Burlington. VT ouo�t 8,02-6K2-AIIA J CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 15th day ofDecember 2016 , a copy of the foregoing public notice for Preliminary & Final[type of application] # SD-16-34 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the . property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Mary Jo Capotrio 1408 Hinesburg Road, South Burlington, VT 05403 Raymond & Carol Bourbega 3 Dubois Drive, South Burlington, VT 05403 John & Maria Bialas 5 Dubois Drive, South Burlington, VT 05403 Diane Wessel Trust 505 Wake Robin Drive, Shelburne, VT 05482 Roger & Linda Farley 1416 Hinesburg Road, South Burlington, VT 05403 Dated at Essex [town/city], Vermont, this 15th day of December , 20 16 Printed Name: Peter F. Heil, PE, CPESC Phone number and email: 802-878-9990 / pheil@olearyburke.com Signature: Peter F. Heil, PE, CPESC Date: 10/1 R1I r, Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate ofService Form. Rev. 1-2012 O'Leary -Burke Civil Associates, PLC CIVIL ENGINEERING REGULATORY AND PERMIT PREPARATION LAND SURVEYING CONSTRUCTION SERVICES LAND USE PLANNING November 2, 2016 Mr. Ray BeLair Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 RE: Hergenrother — 4 Lot Subdivision 1410 Hinesburg Road Dear Ray: We are writing on behalf of Hergenrother Construction, LLC (c/o Tom Hergenrother, Sr.) to request Development Review Board Scheduling for review of the attached combined Preliminary & Final Plan proposal for the 4-Lot Subdivision at 1410 Hinesburg Road. The proposal was well received at the August 2, 2016 Sketch hearing, including our statement of a combined Preliminary/Final submittal. The proposal is to subdivide the existing 1.5± acre lot into (4) single family home lots, one (1) of which retains the existing residence. The parcel is Zoned Southeast Quadrant — Neighborhood Residential (SEQ-NR). The existing parcel allows for a maximum density of 6 units (1.55 x 4 units/acre (with TDR's) = 6.2 units (rounded down). The project will be served by the following: • (2) Individual driveways off Highland Terrace for the proposed Lots 3 &4. In order to maintain existing roadside swale along Highland Terrace to allow for stormwater to flow to the existing catch basin north of the parcel, the new driveways are proposing to match existing Swale grades (refer to detail, sheet 3) instead of driveway culverts; • Existing driveway off Hinesburg Road to existing home to remain with proposed shared access to proposed Lot 2; • Municipal Water (proposed service connections to new homes & existing drilled well connection to remain); • Municipal Sewer for all homes (existing on -site sewage disposal system to remain until failure, at which time will connect to municipal sewer stub on -lot); As discussed at the Sketch hearing, an additional Lot (Lot 2) is now being proposed in order for the project to be in conformance with the Lot Depth to Width ratio requirements (2:1 required). The proposed Lots 3 & 4 homes are set back to keep in character with the existing homes along Highland Terrace. 13 CORPORATE DRIVE ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 1 FAX 802 878 9989 1 obca@olearyburke.com Please find the following information for Staff and Development Review Board review and approval: 1. Application for Sketch Plan Review; 2. $1,401 Application Fee ((Preliminary: ($513 Base fee) + (3 lots @ $75/lot)) + (Final: ($513 Base fee) + (2 @ $37.50/unit) + (1 @ $75/unit)) = $1,401); 3. Five (5) full size and one (1) reduced, 11" x 17" & digital copies of Plan Set; 4. Abutters List; 5. Transfer of Development Rights Legal Documents; 6. Building Elevations; 7. ITE Trip Generation Rates, 9t" Edition; Please call if you have any questions. Sincerely, Peter F. Heil, PE, CPESC Enc. cc: Tom Hergenrother, Sr. I I 'm f4ow Photographs may Show Modified designs ray From: Peter Heil <pheil@olearyburke.com> Sent: Monday, November 28, 2016 4:25 PM To: ray Cc: David Burke; thomas hergenrother Subject: RE: 1410 Hinesburg Road - Hergenrother Subdivision Hi Ray, Please find the following residential design information, per Section 9.08(C) of the LDR's: 1. All buildings will be oriented to the street. Please refer to the provided elevations, which show the primary entry/porch that will face the street. It is understood/agreed upon that a minimum 35% of translucent windows and surfaces will be oriented to the south; 2. Please refer to the provided building elevations, which provide a mix of building facades (along with the existing single family home to remain). All new units will be single family homes, appearing unified, but varying to avoid monotony; 3. As discussed at the Sketch hearing, the buildings (lots 3 & 4) are setback further than the 25' yard setback, however this was to keep in character with the existing homes along Highland Terrace. There are no proposed porches, stoops, or balconies proposed within the setbacks; 4. All garages are set back a min. 8' from the front building line; Let me know if you need anything else. Thanks, Peter F. Heil, PE, CPESC I O'Leary -Burke Civil Associates, PLC From: David Burke Sent: Tuesday, November 22, 2016 4:05 PM To: Peter Heil Subject: FW: 1410 Hinesburg Road - Hergenrother Subdivision From: ray [mailto:rayC-0sburl.com] Sent: Tuesday, November 22, 2016 3:55 PM To: David Burke Subject: 1410 Hinesburg Road - Hergenrother Subdivision David, I've reviewed the application you submitted for the Hergenrother Subdivision at 1410 Hinesburg Road and the only info I see missing is information on compliance with the residential design guidelines for the new homes. Please submit his info ASAP. Thanks. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburi.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. r 0 1 No 'ith'A Me, :6.01�1 south r PLANNING & ZONING �j Permit Number SD- - d (office use on ) APPLICATION FOR SUBDIVISION PLAT REVIEW ❑✓ Preliminary ❑✓ Final PUD Being Requested? ❑Yes ❑✓ No 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. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) Hergenrother Construction, LLC (c/o Thomas Hergenrother, Sr.) 97 Blakely Road, Colchester, VT 05446 2. LOCATION OF LAST RECORDED DEED (Book and page #) B: 1329 / P: 265 3. APPLICANT (Name, mailing address, phone and fax#) Same as Landowner 4. CONTACT PERSON (Name, mailing address, phone and fax #) David Burke O'Leary -Burke Civil Associates, PLC, 13 Corporate Dr., Essex Jct., VT 05452 Phone: 802-878-9990 / fax: 802-878-9989 a. Contact email address: dwburke@olearyburke.com 5. PROJECT STREET ADDRESS: 1410 Hinesburg Road 6. TAX PARCEL ID # (can be obtained at Assessor's Office) 0860-01410 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 7. PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): Subdivide existing single family home lot into (4) lots (existing home to remain and (3) proposed single family home lots) with associated infrastructure. b. Existing Uses on Property (including description and size of each separate use): Single Family Home c. Proposed Uses on property (include description and size of each new use and existing uses to remain): (4) Single Family Home Lots (refer to Plan Set for additional information) d. Total building square footage on property (proposed buildings and existing buildings to remain): 6,000 SF proposed / 1,732 SF existing e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): < 45 FT f. Number of residential units (if applicable, new units and existing units to remain): Four - (1) existing to remain & (3) new single family homes g. Number of employees (existing and proposed, note office versus non -office employees): N/A h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. Subdivide existing single family home lot into (4) single family home lots Subdivision Application Form. Rev. 12-2011 8. LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a. Size of Parcel: 1.52 acres / 66,055 sf (acres /sq. ft.) b. Building Coverage: Existing 1,732 square feet 2.6 % Proposed 6,000 square feet 9.1 % c. Overall Coverage (building, parking, outside storage, etc): Existing 4,209 square feet 6.3 Proposed 11_331 square feet 17.2 % d. Front Yard Coverage(s) (commercial projects only): Existing N/A square feet % Proposed N/A square feet % 9. WETLAND INFORMATION a. Are there any wetlands (Class I, II, or III) on the subject property? ❑ Yes ❑✓ No b. If yes, is the proposed development encroaching into any of these wetlands associated 50' buffers (describe) c. If yes, please submit the following with this application: 1. A site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's wetland map. 2. Response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria) 10. AREA DISTURBED DURING CONSTRUCTION: 33,250 SQ. FT. * *Projects disturbing more than one (1) acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one (1) acre require a permit from the Vermont Department of Environmental Conservation. 3 Subdivision Application Form. Rev. 12-2011 11. COST ESTIMATES a. Building (including interior renovations): $ b. Landscaping: $ See Plan Sheet 1 (Please submit itemized list of landscaping proposed) c. Other site improvements (please list with cost) 12. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 4 trips (3 in / 1 out) 13. PEAK HOURS OF OPERATION: 7-9am / 4-6pm 14. PEAK DAYS OF OPERATION: Monday - Frid 15. ESTIMATED PROJECT COMPLETION DATE: 2017 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (I V x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. C NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. Subdivision Application Form. Rev. 12-2011 I hereby certify that all the information requested accurate to the best of my knowledge. / SIGNATICRE OF PROPCRTY oftXs application has been submitted and is OF APPLICANT Thomas Hergenrother Do not write below this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: 13"Complete _ Incomplete PRINT NAME The applicant orpermittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. 5 Subdivision Application Form. Rev. 12-2011 2016-41— Hergenrother - 1410 Hinesburg Road Abutters List 7/5/16 Parcel I D#: 0860-01408 Mary Jo Capotrio 1408 Hinesburg Road South Burlington, VT 05403 Parcel I D#: 0575-00003 Raymond & Carol Bourbeay 3 Dubois Drive South Burlington, VT 05403 Parcel I D#: 0575-00005 John & Maria Bialas 5 Dubois Drive South Burlington, VT 05403 Parcel I D#: 0850-00070 Diane Wessel Trust 505 Wake Robin Drive Shelburne, VT 05482 Parcel I D#: 0860-01416 Roger & Linda Farley 1416 Hinesburg Road South Burlington, VT 05403 Parcel I D#: 0860-01275 City of South Burlington 575 Dorset Street South Burlington, VT 05403 EXHIBIT A DENSITY REDUCTION EASEMENT and TRANSFER OF DEVELOPMENT RIGHTS KNOW ALL PERSONS BY THESE PRESENTS, that 1600 Hinesburg Road LLC, of the City of South Burlington, in the County of Chittenden and State of Vermont, "Grantor", in the consideration of TEN AND MORE Dollars paid to its full satisfaction by Hergenrother Construction, LLC of Colchester in the County of Chittenden and State of Vermont, "Grantee", by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and it successors and assigns forever, certain Development Rights, as described more particularly below, with respect to certain property located in the City of South Burlington, in the County of Chittenden and State of Vermont, all as more particularly described as follows: Grantor is the former owner of a lot of land measuring 11.4 acres, more or less, located at 1600 Hinesburg Road, South Burlington, Vermont, being a portion of the lands and premises conveyed to 1600 Hinesburg Road LLC by Quit Claim Deed of Michael J. Anderson dated April 4, 2005 and recorded in Volume 708 at Pages 31 to 33 of the City of South Burlington Land Records (Hereinafter Sending Property). The property is depicted as Lot #1 on a plan entitled "Subdivision Plan of the Lands of Michael J. Anderson" prepared by Button Professional Land Surveyors, PC dated August 18, 2004, last revised October 10, 2004 and of record at Map Slide 448, Map 3 of the City of South Burlington Land Records Hereinafter "the Button survey". Reference is also made to a Site Plan by Liewellyn-Howley, Inc. dated September 1, 2004 and of record at Map Slide 448, Map 2 of said Land Records. The Grantor retained the development rights when it sold the above described Lot #1 to Lawrence Parker and Valerie Parker by Warranty Deed dated January 29, 2010 and recorded in the South Burlington City Clerk's office in volume 917 beginning on page 289. The Sending Property is depicted as "1.24 acre area for the transfer of development rights pursuant to 24 V.S.A. § 4423 and Section 9.13(C)(1)(a) of the City of South Burlington Land Development Regulations" on a map entitled "Plat of survey showing former lands of 1600 Hinesburg Road, LLC and a transfer of development rights by Michael J. Anderson, Hidden Meadow's Lane, South Burlington, Vermont" dated or last revised September 14, 2016, recorded in the City of South Burlington land records at Map Slide Map The Sending Property is subject to and is benefited by the City of South Burlington Land Development Regulations adopted May 12, 2003, with amendments effective January 5, 2009 (Hereinafter "Regulations"). Terms used in this instrument shall have the meaning they are assigned by the Regulations, unless another meaning is clearly indicated herein. The Sending Property is located within the Southeast Quadrant District, as that term is defined in the Regulations. Under the Regulations, each acre of the Property has potential for development for residential purposes at a density of one and two -tenths (1.2) dwelling units per acre. Because the Property measures 11.4 acres, as shown on the above mentioned "Button survey" it can, therefore, be developed with a total of nine and one half (9.5) dwelling units. The potential to develop each dwelling unit is referred to herein as a "Development Right", meaning that the Property is benefited by 9.5 Development Rights. By this instrument, Grantor does hereby convey to Grantee, for the benefit of Grantee's property located at 1404 Hinesburg Road, South Burlington ONE (1) of the Development Rights available to the Property, thereby reducing the total Development Rights available to the Property. It is the intent of this instrument that Grantee's purchase of the Development Rights articulated herein is for the purpose of transferring and applying said Development Rights to Grantee's property located at 1404 Hinesburg Road, and the extinguishment and relinquishment of those rights at located at 1600 Hinesburg Road. By this Density Reduction Easement, Grantor does hereby convey to Grantee the Development Rights for 1.24 acres of the Property. Grantor retains any remaining Development Rights available to the Sending Property and or any other property now or formerly owned by grantor by virtue of the above mentioned Quit'Claim Deed of Michael J. Anderson dated April 4, 2005 and recorded in Volume 708 at Pages 31 to 33 of the City of South Burlington Land Records. If, prior to the Property being developed to the maximum density authorized by Grantor's retained Development Rights, the City modifies its Regulations to reduce the development potential of the 12.68 acres for which Grantor retained Development Rights, then Grantor shall forfeit said Development Rights. Upon such forfeiture, Grantor shall have the right to develop the Property to the extent authorized by the Regulations in effect. In addition to the retained Development Rights discussed above, Grantor retains the right to utilize any increase in the development potential of the 12.68 acres of the Property attributable to changes in the Regulations that allow development to occur at a density greater than that available under the Regulations. If the Regulations are hereafter changed in a way that ascribes development potential to the Property on any basis other than that described above, the City shall implement the terms of this easement by developing a method to equate the above -described development potential to the new development potential. The Development Right hereby conveyed to Grantee provides potential for one (1) dwelling unit, as determined under the Regulations. It may be used by Grantee only in connection with development of a lot of land consisting of acres, more or less, located at 1410 Hinesburg Road in South Burlington (Hereinafter Receiving Property). The Receiving property is the same land and premises conveyed to Hergenrother Construction, LLC by Warranty Deed of Robert K. Zimmerman and Sarah R. Zimmerman dated June 28, 2016, of record in Volume 1329 at Page _ of the City of South Burlington Land Records. Being all and the same land and premises conveyed to Robert K. Zimmerman and Sarah R. Zimmerman by Warranty Deed of Christopher McCandless and Jean McCandless dated June20, 2011, of record in Volume 1013, Page 52 of the City of South Burlington Land Records and more particularly described as follows: Being a parcel of land, with all buildings thereon, the dwelling house being known and designated as 1410 Hinesburg Road, said parcel of land having a frontage on the easterly side of Hinesburg Road of 150 feet, a uniform width of 150 fee, a depth on the northerly line of 425 feet, more or less and a depth on the southerly side of 428 feet, more or less. And also as depicted on a plat entitled "Final Plat, 1410 Hinesburg Road," dated June 24, 2009, last revised dated October 16, 2009 and prepared by Krebs & Lansing Consulting Engineers, Inc. The transfer of the Development Right effected by this instrument has been approved by the South Burlington Development Review Board by Decision dated in connection with Preliminary Plat Application and /or Final Plat Application of and the transferred Development Right is specifically transferred and assigned to the property now owned by Grantee and located at 1410 Hinesburg Road in South Burlington. This instrument has been prepared in accordance with 24 V.S.A. § 4423. Terms used in this conveyance shall have the meaning they are assigned by the Regulations unless another meaning is clearly indicated. Reference is hereby made to the foregoing deeds, plans and Regulations, and the records thereof, and to all documents therein referred to and the records thereof, in aid of this description. TO HAVE AND TO HOLD the said granted development right, with all the privileges and appurtenances thereof, to the said Grantee, Hergenrother Construction LLC, and its successors and assigns, to its own use and behoof forever; And the said Grantor, 1600 Hinesburg Road LLC for itself and its, successors and assigns, does covenant with the said Grantee and its successors and assigns, that until the ensaealing of these presents that it is the sole owner of the Sending Property and the Development Rights associated with it, and has good right and title to convey the same in manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE; except as aforesaid, and the Grantor does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. In witness whereof, Grantor sets its hand this 1 Ith day of October, 2016 1600 Hinesburg Road LLC By: ichael J. And rs n STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, Vermont, this 11 th day of October, 2016, Michael J. Anderson, personally appeared, and acknowledged this instrument, by him subscribed, to be his free act and deed and the free act and Deed of 1600 Hinesburg Road LLC and further that he had the authority to execute th' Deed of behalf of 1600 Hinesburg Road LLC. Before Me: r Notary Public did l2 CJ, t7,-C/CA TRANSFER OF DEVELOPMENT RIGHTS AGREEMENT This Agreement is made the date herein below set forth by and between 1600 HINESBURG ROAD LLC, of South Burlington, Vermont (Hereinafter "1600") and HERGENROTHER CONSTRUCTION, LLC of Colchester, Vermont, (hereinafter "Hergenrother"), to wit: WHEREAS, Hergenrother is seeking final plat approval from the South Burlington Development Review Board (hereinafter "DRB") for a three (3) lot subdivision located at 1410 Hinesburg Road, South Burlington, Vermont (hereinafter "Project"); and WHEREAS, the proposed density exceeds the maximum base density allowed by the South Burlington Land Development Regulations; and WHEREAS, in order to receive final plat approval, Hergenrother must acquire additional development rights per Article 9 of the South Burlington Land Development Regulations; and WHEREAS, 1600 has agreed to sell a development right to Hergenrother. NOW, THEREFORE, in consideration of the mutual promises herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Hergenrother agrees to purchase a development right from 1600, containing 1.24 acres and to be identified as "l .24 acre area for the transfer of development rights pursuant to 24 V.S.A. § 4423 and Section 9.13(C)(1)(a) of the City of South Burlington Land Development Regulations" on a map entitled "Plat of survey showing former lands of 1600 Hinesburg Road, LLC and a transfer of development rights by Michael J. Anderson hidden Meadow's Lane, South Burlington, Vermont up dated "Subdivision Plat of the Lands of Michael J. Anderson" prepared by Button Professional Land Surveyors, PC dated September 14, 2016 to be recorded in the city of South Burlington land records. The original subdivision plat is dated October 18, 2004, last revised October 14, 2009 and of record at Map Slide 541 of the City of South Burlington Land Records. 2. Hergenrother will pay 1600 $15,000.00 for the development right. 3. 1600 has obtained an updated plan designating the TDR Lot. The expense of which shall be paid by Hergenrother. Upon payment of the purchase price, 1600 shall execute and deliver to Hergenrother a Density Reduction Easement and Transfer of Development Rights to Receiving Property in the form attached hereto as Exhibit A. Notwithstanding the foregoing, in the event a closing has not occurred within six (6) months of the date hereof, this Agreement shall be void Vermont Property Transfer Tax Return (Draft Form PT-172) DO NOT FILE Seller #1 1600 Hinesburg Road LLC 1435 Spear Street South Burlington VT US 05403 FE I N: 03-0447194 Property Information Buyer #1 Hergenrother Construction LLC 97 Blakely RD Suite 103 Colchester VT US 05446 SS N: 009-52-7307 Property Location: 127 Hidden Meadow Lane South Burlington Vermont Date of Closing: 10/04/2016 Interest in Property: Other Special Factors: None Financing: None Development rights have been conveyed: Yes Type of Building Construction: None Sellers Use of Property Before Transfer: Other Buyers Use of Property After Transfer: Other Property Rented Before Transfer: No Property Purchased by a Tenant: No Property subject to a land use change tax lien: No New owner elects to continue enrollment of eligible property: No Total Price Paid: Price Paid for Personal Property: Price Paid for Real property: Value of Purchasers Principal Residence: Property Transfer Tax: Land Gains Tax Return not being filed exemption number: 01„ Primary Town / Land Size ±: South Burlington Span#: 600-188-10237 Total Land Size: 1.24 Property to be Rented After Transfer: No The buyer holds title to any adjoining property: No Property Transfer tax exemption number: $15,000.00 $0.00 $0.00 �$t!e Seller Acquired: 05/04/2005 1.24 LOCAL AND STATE PERMITS AND ACT 250 NOTICE The parties are hereby given notice that: • The property being transferred may be subject to regulations governing potable water supplies and wastewater systems under 10 V.S.A chapter 64 and building, zoning and subdivision regulations; • The property being transferred may be subject to Act 250 regulations regarding land use and development under 10 V.S.A chapter 151; • The parties have an obligation to investigate and disclose knowledge regarding flood regulations affecting the property. To determine if the property is in compliance with or exempt from these rules, contact the relevant agency. Contact information is provided in the instructions. Vermont Property Transfer 1 ax Return (Draft Form PT-172) DO NOT FILE Withholding Certification Under penalties of perjury, seller(s) certifies that at the time of transfer, each seller was a resident of Vermont or an estate. EXHIBIT A DENSITY REDUCTION EASEMENT and TRANSFER OF DEVELOPMENT RIGHTS KNOW ALL PERSONS BY THESE PRESENTS, that 1600 Hinesburg Road LLC, of the City of South Burlington, in the County of Chittenden and State of Vermont, "Grantor", in the consideration of TEN AND MORE Dollars paid to its full satisfaction by Hergenrother Construction, LLC of Colchester in the County of Chittenden and State of Vermont, "Grantee", by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, and it successors and assigns forever, certain Development Rights, as described more particularly below, with respect to certain property located in the City of South Burlington, in the County of Chittenden and State of Vermont, all as more particularly described as follows: Grantor is the former owner of a lot of land measuring 11.4 acres, more or less, located at 1600 Hinesburg Road, South Burlington, Vermont, being a portion of the lands and premises conveyed to 1600 Hinesburg Road LLC by Quit Claim Deed of Michael J. Anderson dated April 4, 2005 and recorded in Volume 708 at Pages 31 to 33 of the City of South Burlington Land Records (Hereinafter Sending Property). The property is depicted as Lot #1 on a plan entitled "Subdivision Plan of the Lands of Michael J. Anderson" prepared by Button Professional Land Surveyors, PC dated August 18, 2004, last revised October 10, 2004 and of record at Map Slide 448, Map 3 of the City of South Burlington Land Records Hereinafter "the Button survey". Reference is also made to a Site Plan by Liewellyn-Howley, Inc. dated September 1, 2004 and of record at Map Slide 448, Map 2 of said Land Records. The Grantor retained the development rights when it sold the above described Lot #1 to Lawrence Parker and Valerie Parker by Warranty Deed dated January 29, 2010 and recorded in the South Burlington City Clerk's office in volume 917 beginning on page 289. The Sending Property is depicted as "1.24 acre area for the transfer of development rights pursuant to 24 V.S.A. § 4423 and Section 9.13(C)(1)(a) of the City of South Burlington Land Development Regulations" on a map entitled "Plat of survey showing former lands of 1600 Hinesburg Road, LLC and a transfer of development rights by Michael J. Anderson, Hidden Meadow's Lane, South Burlington, Vermont" dated or last revised September 14, 2016, recorded in the City of South Burlington land records at Map Slide Map The Sending Property is subject to and is benefited by the City of South Burlington Land Development Regulations adopted May 12, 2003, with amendments effective January 5, 2009 (Hereinafter "Regulations"). Terms used in this instrument shall have the meaning they are assigned by the Regulations, unless another meaning is clearly indicated herein. The Sending Property is located within the Southeast Quadrant District, as that term is defined in the Regulations. Under the Regulations, each acre of the Property has potential for development for residential purposes at a density of one and two -tenths (1.2) dwelling units per acre. Because the Property measures 11.4 acres, as shown on the above mentioned "Button survey" it can, therefore, be developed with a total of nine and one half (9.5) dwelling units. The potential to develop each dwelling unit is referred to herein as a "Development Right", meaning that the Property is benefited by 9.5 Development Rights. By this instrument, Grantor does hereby convey to Grantee, for the benefit of Grantee's property located at 1404 Hinesburg Road, South Burlington ONE (1) of the Development Rights available to the Property, thereby reducing the total Development Rights available to the Property. It is the intent of this instrument that Grantee's purchase of the Development Rights articulated herein is for the purpose of transferring and applying said Development Rights to Grantee's property located at 1404 Hinesburg Road, and the extinguishment and relinquishment of those rights at located at 1600 Hinesburg Road. By this Density Reduction Easement, Grantor does hereby convey to Grantee the Development Rights for 1.24 acres of the Property. Grantor retains any remaining Development Rights available to the Sending Property and or any other property now or formerly owned by grantor by virtue of the above mentioned Quit Claim Deed of Michael J. Anderson dated April 4, 2005 and recorded in Volume 708 at Pages 31 to 33 of the City of South Burlington Land Records. If, prior to the Property being developed to the maximum density authorized by Grantor's retained Development Rights, the City modifies its Regulations to reduce the development potential of the 12.68 acres for which Grantor retained Development Rights, then Grantor shall forfeit said Development Rights. Upon such forfeiture, Grantor shall have the right to develop the Property to the extent authorized by the Regulations in effect. In addition to the retained Development Rights discussed above, Grantor retains the right to utilize any increase in the development potential of the 12.68 acres of the Property attributable to changes in the Regulations that allow development to occur at a density greater than that available under the Regulations. If the Regulations are hereafter changed in a way that ascribes development potential to the Property on any basis other than that described above, the City shall implement the terms of this easement by developing a method to equate the above -described development potential to the new development potential. The Development Right hereby conveyed to Grantee provides potential for one (1) dwelling unit, as determined under the Regulations. It may be used by Grantee only in connection with development of a lot of land consisting of acres, more or less, located at 1410 Hinesburg Road in South Burlington (Hereinafter Receiving Property). The Receiving property is the same land and premises conveyed to Hergenrother Construction, LLC by Warranty Deed of Robert K. Zimmerman and Sarah R. Zimmerman dated June 28, 2016, of record in Volume 1329 at Page _ of the City of South Burlington Land Records. Being all and the same land and premises conveyed to Robert K. Zimmerman and Sarah R. Zimmerman by Warranty Deed of Christopher McCandless and Jean McCandless dated June20, 2011, of record in Volume 1013, Page 52 of the City of South Burlington Land Records and more particularly described as follows: Being a parcel of land, with all buildings thereon, the dwelling house being known and designated as 1410 Hinesburg Road, said parcel of land having a frontage on the easterly side of Hinesburg Road of 150 feet, a uniform width of 150 fee, a depth on the northerly line of 425 feet, more or less and a depth on the southerly side of 428 feet, more or less. And also as depicted on a plat entitled "Final Plat, 1410 Hinesburg Road," dated June 24, 2009, last revised dated October 16, 2009 and prepared by Krebs & Lansing Consulting Engineers, Inc. The transfer of the Development Right effected by this instrument has been approved by the South Burlington Development Review Board by Decision dated in connection with Preliminary Plat Application and /or Final Plat Application of and the transferred Development Right is specifically transferred and assigned to the property now owned by Grantee and located at 1410 Hinesburg Road in South Burlington. This instrument has been prepared in accordance with 24 V. S.A. § 4423. Terms used in this conveyance shall have the meaning they are assigned by the Regulations unless another meaning is clearly indicated. Reference is hereby made to the foregoing deeds, plans and Regulations, and the records thereof, and to all documents therein referred to and the records thereof, in aid of this description. TO HAVE AND TO HOLD the said granted development right, with all the privileges and appurtenances thereof, to the said Grantee, Hergenrother Construction LLC, and its successors and assigns, to its own use and behoof forever; And the said Grantor, 1600 Hinesburg Road LLC for itself and its, successors and assigns, does covenant with the said Grantee and its successors and assigns, that until the ensaealing of these presents that it is the sole owner of the Sending Property and the Development Rights associated with it, and has good right and title to convey the same in manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE; except as aforesaid, and the Grantor does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. In witness whereof, Grantor sets its hand this 1 l th day of October, 2016 1600 Hinesburg Road LLC By: j Michael J. Anderson STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, Vermont, this 1 l th day of October, 2016, Michael J. Anderson, personally appeared, and acknowledged this instrument, by him subscribed, to be his free act and deed and the free act and Deed of 1600 Hinesburg Road LLC and further that he had the authority to execute th' Deed of behalf of 1600 Hinesburg Road LLC. Before Me: Notary Public A41f Ac'.-_ G% c,o /o�A TRANSFER OF DEVELOPMENT RIGHTS AGREEMENT This Agreement is made the date herein below set forth by and between 1600 HINESBURG ROAD LLC, of South Burlington, Vermont (Hereinafter "1600") and HERGENROTHER CONSTRUCTION, LLC of Colchester, Vermont, (hereinafter "Hergenrother"), to wit: WHEREAS, Hergenrother is seeking final plat approval from the South Burlington Development Review Board (hereinafter "DRB") for a three (3) lot subdivision located at 1410 Hinesburg Road, South Burlington, Vermont (hereinafter "Project"); and WHEREAS, the proposed density exceeds the maximum base density allowed by the South Burlington Land Development Regulations; and WHEREAS, in order to receive final plat approval, Hergenrother must acquire additional development rights per Article 9 of the South Burlington Land Development Regulations; and WHEREAS, 1600 has agreed to sell a development right to Hergenrother. NOW, THEREFORE, in consideration of the mutual promises herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: l . Hergenrother agrees to purchase a development right from 1600, containing 1.24 acres and to be identified as "1.24 acre area for the transfer of development rights pursuant to 24 V.S.A. § 4423 and Section 9.13(C)(1)(a) of the City of South Burlington Land Development Regulations" on a map entitled "Plat of survey showing former lands of 1600 Hinesburg Road, LLC and a transfer of development rights by Michael J. Anderson hidden Meadow's Lane, South Burlington, Vermont up dated "Subdivision Plat of the Lands of Michael J. Anderson" prepared by Button Professional Land Surveyors, PC dated September 14, 2016 to be recorded in the city of South Burlington land records. The original subdivision plat is dated October 18, 2004, last revised October 14, 2009 and of record at Map Slide 541 of the City of South Burlington Land Records. 2. Hergenrother will pay 1600 $15,000.00 for the development right. 3. 1600 has obtained an updated plan designating the TDR Lot. The expense of which shall be paid by Hergenrother. Upon payment of the purchase price, 1600 shall execute and deliver to Hergenrother a Density Reduction Easement and Transfer of Development Rights to Receiving Property in the form attached hereto as Exhibit A. Notwithstanding the foregoing, in the event a closing has not occurred within six (6) months of the date hereof, this Agreement shall be void and of no further force and effect unless Hergenrother has, within the six (6) months, exercised its intent to purchase and is diligently pursuing the approvals for transfer of the development rights. 4. A Density Reduction Easement and Transfer of Developing Rights to Receiving Property for the conveyance is attached hereto as "Exhibit A." Any changes to this Agreement and/or the Density Reduction Easement and Transfer of Developing Rights to Receiving Property that may be required by the City Attorney of the City of South Burlington must be approved by 1600 and Hergenrother prior to the execution of any amendments thereto. 5. This Agreement shall be binding upon the parties hereto and their respective heirs, successors and assigns. 6. No change, modification, amendment, addition or deletion affecting this Agreement shall be effective unless in writing and signed by the parties hereto. 7. All notices required to be given hereunder shall be sent to the parties at the following addresses: Thomas Hergenrother, Sr. 1600 Hinesburg Road LLC Hergenrother Construction, LLC 97 Blakely Road #103 Colchester, VT 05446 DATED at Burlington, Vermont, this 1 lth day of September 2016. 1600 Hinesburg Road LLC Member duly authorized DATED at dr JL Vermont, this I( day of September 2016. HERGENROTHER CONSTRUCTION, LLC THOMAS HERGENROTHER, SR. Member duly authorized DENSITY REDUCTION EASEMENT AND TRANSFER OF DEVELOPMENT RIGHTS TO RECEIVING PROPERTY KNOW ALL PERSONS BY THESE PRESENTS, that William B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust, of South Burlington, County of Chittenden and State of Vermont ("Grantors"), in consideration of Ten and More Dollars paid to their full satisfaction by Hergenrother Construction, LLC, a Vermont limited liability company ("Grantee"), by these presents do freely give, grant, sell, convey and confirm unto the said Grantee, Hergenrother Construction, LLC , and its successors and assigns forever, certain development rights pursuant to 24 V.S.A. Section 4423 and Article 9, Section 9.13(C)(1) of the City of South Burlington Land Development Regulations as set forth below, in property located in the City of South Burlington, more particularly described as follows: Description of Sendinp. Property: Being a portion of those lands and premises conveyed to Diane J. Wessel and William B. Wessel, Trustees of the Diane J. Wessel Trust by Trust Deed of Diane J. Wessel dated December 2, 2005, and recorded at Volume 735, Pages 558-560 of the City of South Burlington Land Records (the "Sending Property") and more particularly described as follows: Being the density and development rights ("Density Reduction Easement") to two (2) 0.83 acre parcels of land, TDR Lots 11 and 12, as laid out and shown on an updated plan prepared by Trudell Consulting Engineers (TCE) dated June 24, 2011 and last revised on August 9, 2016 to add TDR Lots 11 and 12, and to be recorded at Map Slide of the City of South Burlington Land Records (the "Development Rights Plan"). Reference is hereby made to a plan entitled "TDR Plat, Diane J. Wessel Trust, 70 Highland Terrace, So. Burlington, VT," prepared by Trudell Consulting Engineers (TCE), dated June 24, 2011, of record at Map Slide 557 of the City of South Burlington Land Records, which said Development Rights Plan shall be updated therefrom. To said deed and plat of land, the records thereof and to the deed and records referred to therein, reference is hereby made in further aid of this description. The Sending Property is subject to and is benefitted by the City of South Burlington Land Development Regulations, last amended September 24, 2013 (the "Land Development Regulations"); a copy of which is on file with the City of South Burlington Department of Planning and Zoning. Under said Land Development Regulations in the SEQ-NRP District, each one (1) acre of the Sending Property has potential for development at a density of one and two -tenths (1.2) dwelling units per acre. The development potential is referred to herein as "Development Rights." By this Density Reduction Easement, Grantors do hereby convey to Grantee the Development Rights for 1.66 acres of the Sending Property, known and designated as TDR Lots 11 and 12 on the easterly side of 70 Highland Terrace, located adjacent to and westerly of "TDR Lot 10, 0.83 acre, 36,149.1 S.F." as shown on an updated plan entitled "TDR Plat, Diane J. Wessel Trust, 70 Highland Terrace, So. Burlington, VT," prepared by Trudell Consulting Engineers (TCE), dated June 24, 2011 and revised August 9, 2016 to add TDR Lots 10, 11 and 12, of record at Map Slide of said Land Records. Grantors retain the development rights for all of Grantors' retained lands depicted on the proposed above -referenced plans (other than the Sending Property), subject to such modifications that may occur under the Land Development Regulations. If, prior to the Sending Property being developed to the maximum density authorized by Grantors retained Development Rights, the City modifies its Regulations to reduce the development potential of the remaining acres for which Grantors retained Development Rights, then Grantors shall forfeit said Development Rights. Upon such forfeiture, Grantors shall have the right to develop the Sending Property to the extent authorized by the Regulations in effect. In addition to the retained Development Rights discussed above, Grantors retain the right to utilize any increase in the development potential of the remaining acres of the Sending Property attributable to changes in the Regulations that allow development to occur at a density greater than that available under the Regulations. The property interests being conveyed by this Density Reduction Easement consist solely of the transfer of Developments Rights from the Sending Property to the Receiving Property (defined below) and in all other respects, Grantors shall retain the fee title to the Sending Property, subject to the following covenants and restrictions which are imposed for the benefit of the public pursuant to 10 V.S.A. Chapter 155 and shall run with and bind the Sending Property in perpetuity: (a) There shall be no construction or placing of any buildings or structures of any kind, temporary or permanent on the Sending Property, except the Grantors, their heirs, successors and assigns, shall have the right, subject to approval under the Land Development Regulations, where applicable, to construct non-residential structures with related access drives and utilities on the Sending Property necessary for storage of equipment and materials used in connection with agricultural or forestry activities on the Sending Property or adjacent lands of the Grantors, their heirs, successors and assigns. (b) There shall be no filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minerals or other materials, nor any building of roads or change in the topography of the land in any manner. (c) Grantors, their heirs, successors and assigns, shall have the right to maintain the Sending Property in an orderly and presentable manner including the right to utilize the Sending Property for agricultural and forestry purposes, plant trees and shrubbery, to keep the fields mowed and to take any other normal action in maintaining the appearance of the open space. (d) There shall be no dumping of ashes, trash, garbage, or other unsightly or offensive material, and no changing of the topography through the placing of soil or other substance or materials such as landfill. (e) There shall be no operation of dune buggies, motorcycles, all -terrain vehicles or any other types of motorized vehicles on the Sending Property, except: (1) snowmobiles; and (2) motorized vehicles used for the maintenance of the Sending Property for the purposes described below or for forestry or agricultural purposes. Grantors, their heirs and assigns, shall have the right to clear, construct and maintain trails for non-commercial snowmobiling, walking, bicycling, horseback riding, skiing, and other non-commercial, recreational activities within and across the Sending Property, all in a manner consistent with these open space provisions. (f) There shall be no activities or uses on the Sending Property which shall be detrimental or could be detrimental to drainage, flood control, water conservation, fish and wildlife or habitat preservation. Grantors hereby grant solely and exclusively to the City of South Burlington (1) the right of official representatives of the City, in a reasonable manner and at reasonable times, to enter and inspect the property; and (2) the right to enforce, on behalf of the public, by injunction or proceedings at law or in equity, the above -stated covenants. Nothing stated herein shall be interpreted to grant the public any right of access to the Sending Property. All rights retained by the Grantors, as above -described, shall run with the title to the Sending Property and shall be transferred automatically to any successor fee owner of the Sending Property. If the Land Development Regulations are hereafter changed in a way that ascribes development potential to the Sending Property on any basis other than that described above, the City shall implement the terms of this easement by developing a method to equate the above -described development potential to the new development potential. The Development Rights hereby conveyed to Grantee provide the present potential for the development of two (2) development units, as determined under the Land Development Regulations, to be used in connection with the development of the following described receiving property: Description of Receiving Property: Being all and the same land and premises conveyed to Hergenrother Construction, LLC by Warranty Deed of Robert K. Zimmerman and Sarah R. Zimmerman dated June 28, 2016, of record in Volume 1329 at Page of the City of South Burlington Land Records. Being all and the same land and premises conveyed to Robert K. Zimmerman and Sarah R. Zimmerman by Warranty Deed of Christopher McCandless and Jean McCandless dated June 20, 2011, of record in Volume 1013, Page 52 of the City of South Burlington Land Records and more particularly described as follows: Being a parcel of land, with all buildings thereon, the dwelling house being known and designated as 1410 Hinesburg Road, said parcel of land having a frontage on the easterly side of Hinesburg Road of 150 feet, a uniform width of 150 feet, a depth on the northerly line of 425 feet, more or less and a depth on the southerly side of 428 feet, more or less. Reference is hereby made to the foregoing deeds, plans and regulations, and the records thereof, and to all documents therein referred to and the records thereof, in aid of this description. TO HAVE AND TO HOLD the said granted Development Rights, with all the privileges and appurtenances thereof, to the said Grantee, Hergenrother Construction, LLC, and its successors and assigns, to their own use as provided herein, forever; and the said Grantors, William B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust, do for themselves, and their heirs and assigns, covenant with Grantee and its successors and assigns, that until the ensealing of these presents, they are the sole owners of the Development Rights, and have good right and title to convey the same in manner aforesaid, that they are free from every encumbrance; except as aforesaid, and they hereby engage to WARRANT AND DEFEND the same against all lawful claims whatsoever, except as aforementioned. IN WITNESS WHEREOF, Grantors have executed this Density Reduction Easement and Transfer to Development Rights on this _2 day of , 2016. William B. Wessel, Trustee of th4 Diane J. Wessel Trust U/ritt. Diane J. Wess�.Ilrustee of the Diane J. Wessel Trust STATE OF VERMONT CHITTENDEN COUNTY, SS. o At Bur -- , Vermont, this 3 relay of G- "r- 52016, personally appeared illiam B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust, and acknowledged this instrument, by them sealed and subscribed, to be their free act and deed and the free act and deed of the Diane J. Wessel Trust. Before me, Notary Public My Commission Expires: 2/10/19 Wpdocs\Liz\Clients\DENSITYREDUCTIONEAS EM ENT. WesseltoHergenrother TRUST CERTIFICATION William B. Wessel and Diane J. Wessel, Trustees of the Diane J. Wessel Trust established under a Trust Agreement dated November 20,1986 (the "Trust Agreement"), as amended, hereby certify as follows: 1. The Settlor of the trust was Diane J, Wessel. The trustees are William B. Wessel and Diane J. Wessel. 2. The Diane J. Wessel Trust was established as a means to empower the trustees to hold certain real and personal assets as provided under the terms of the Trust Agreement, including those lands and premises located at 70 Highland Terrace in the City of South Burlington, Vermont. 3. The Trust Agreement specifically provides that the Trustees shall have the power to distribute the above property constituting a part of the trust estate. 4. The Trust Agreement, the identity of the Trustees, and the rights, powers and duties of the Trustees under the Trust Agreement, including but not limited to the authorizing provision abstracted in paragraph 10 below, have not been revoked and are in full force and effect; 5. The rights, powers and duties of the Trustees under the Trust Agreement include the power to sell said lands and premises. 6. No consent of any beneficiary of the Trust is necessary prior to the Trustees exercising their rights, powers and duties under the Trust Agreement. 7. The Trustee is a beneficiary of the Trust. 8. Recordation of this Trust Certification shall constitute notice that the above -described Trust Agreement remains effective and no further certification by the Trustees is required in order to effectively convey any portion of the real estate above described, unless and until subsequent notice is recorded. 9. The name and address of both Trustees empowered to act under the trust instrument at the time of the execution of this certificate is as follows: William B. Wessel and Diane J. Wessel 70 Highland Terrace South Burlington, Vermont 05403 10. Trust Agreement provides, in Article VII (7.1)(b) as follows: "To sell, convey, exchange or mortgage any property, real or personal, to or with any person, in such manner and upon such terns as the Trustees may deem advisable, all without the necessity of obtaining leave of court;" granted, 11. The Trustees certify that no provisions of the Trust Agreement limit the authority so 12. This Trust is not supervised by any court. 13. The Trustees represent that the statements contained herein are true and correct. SIGNED UNDER SEAL this 3 day of Gc T— 2016. William B. Wessel, Trustee f the Diane J. 'We ssei Trust �` Diane J. Wes , rustee of the' Diane J. Wess rust State of Vermont Chittenden County, SS 4n this .3 day of , 2016, before me personally appeared William B. Wessel and Diane J. Wessel and they acknowledged this instrument by them sealed and subscribed to be their free act and deed and the free,,4ct and. deed of the Diane J. Wessel Trust. Notary Public ^,,W, c- Z✓/ My Commission expires: Z ze WpdocsEAS-ClientslWeseti,Bilt\Hergenrother\Trust Certification.dom Vermont Department of Taxes 133 State Street Montpelier, VT 05633-1401 Phone; (802) 828-5860 VT Form VERMONT PT-1 72 PROPERTY TRANSFER TAX RETURN A. SELLER'S( TRANSFEROR'S) INFORMATION SELLER #9 Ro:-Toivn Use Only . BLACK OUT ALL ID NUNIRFPS RFI M nN TnWM rnav M v Entity SELLER #1 Namo Mane J. Wessel Txust Entity SELLER #1 Federal ID Number 044-38-4410 Individual SELLER #1 Last Name First Name Initial Individual SELLER #1 Social Security Number SELLER #1 Mailing Address Following Transfer TOTAL number of SELLERS 70 Highland Terrace 01 City .south Burlington State VP ZiP Code 05403 For Department Use Only Foreign Country (If not United States) Jt_LLCK ff,4. If More. man tWO (2) -SEL LERS attach Form AT 177_C , ... ��vnil1f4 V� Entity SELLER #2 Name Entity SELLER #2 Federal ID Number Individual SELLER #2 Last Name First Name initial Individual SELLER #2 Social Security Number SELLER #2 Mailing Address Following Transfer For Department Use Only City State ZIP Code Foreign Country (if not United States) O. BUYER'S (TRANSFEREE'S) INFORMATION BUYER#1 Entity BUYER #1 Name Entity BUYER #1 Federal ID Number Hergenrother Construction, L1LC Individual BUYER #1 Last Name First Name Initial Individual BUYER #1 Social Security Number BUYER #1 Mailing Address following Transfer TOTAL number of BUYERS 97 Blakely Road #103 01 CAl chester state ZIP Cade For Department Use Only VT 05446 Foreign Country (I(not United States) BUYER 92. If more than two 2 BUYERS, attach Form P7172-8. Entity BUYER#2 Name Entity BUYER#2 Federal ID Number Individual BUYER 42 Last Name First Name InitiaE Individual BUYER #2 Social security Number BUYER #2 Mailing Address Following Transfer For Department Use Only City State ZIP Code Foreign Country (if not United States) 5454 ❑ 1 7�2 '1 N�I�0NV Form P, Page I of 4 Re.m,. Buyer#1 or Entity _Heraenrother ConEtxuct i on , LLG SSN or Fit) Property Location 70 Hzghlan Terrace, a. ur angton, VT Date of Closing C. PROPERTY LOCATION Number and Street or Road Name 70 Highland Terrace South Burlington D. DATE OF CLOSING MM DD Y Y Y Y VT E. INTEREST IN PROPERTY. write the number from the list It'4", enter �� % Interest here 1 % 1. Fee Simple 3. Undivided 112 Interest 5. Time -Share 7. EasementlRow 2. Life Estate 4. Undivided, A% Interest 6. Lease 8. Other�eve,1opment Rights i". LAND STYE (Acres or fraction thereof) �.7. SPECIAL ❑ If sate was between family members, Check ti development rights have j -'� FACTORS enter number from list below been conveyed I 1. 66 I 1• Husband/Wife 2. Parent/Chlld 3. Grandparent/Grandchild 4, Other FINANCING: 0Conventional/Bank [1owner Financing 00ther H. TYPE OF BUILDING CONSTRUCTION AT THE TIME OF TRANSFER (Check all that apply) 1. Q None 5. F] Farm Buildings 9. Store 2. Factory 6. Mu@1-Family with = Dwelling Units Transferred 10. [] Residential Now Constr6clion 3. ❑ Single Family Dwelling T Q Mobile Home (� 11. [:]Other-__ 4. Seasonal Dwetiing 8. Condominium with 1...�1. Units Transferred 1. SELLER'S USE OF PROPERTY 1. Primary Residence 4. Timberland 7. Commercial BEFORE TRANSFER 1 2. Open Land S. Operating Farm 8. Industrial (Enter number from list) 3. Secondary Residence 6. Govemment Use 9. Other ❑ Check if property was rented BEFORE transfer J. BUYER'S USE OF PROPERTY 1. Primary Residence 4. Timberland 7. Commercial AFTER TRANSFER 2. Open Land 5. Operating Farm 8. industrial (Enter number irom list)9 3. Secondary Residence 6. Govemmentllse 9. Other eyelop ant Rights Check If property will be rented AFTER transfer Check If property was purchased by tenant Check if buyer holds title to any adjoining property K. AGRICULTURALIMANAGED FOREST LAND USE VALUE PROGRAM, 32 V.S.A. Chapter 124 L. If transfer Is exempt from Property Transfar 1. Check if property being conveyed Is subject to a land use change tax lien Tax, cite exemption number from instructions and 2. Check If new owner elects to continue enrollment of eligible complete Sections M, N, and 0 below. �nM� �19 property fYi . TOTAL Price Paid 1 o Price paid for Personal Property 0. Price paid for Real Property 30 000 00 0 . 00 30, 000 .00 State type of Pwonat Property If price paid for Real Property is less than fair market value, please explain i'. Valuoof purchaser's principal residence W. For transfers prior to July 1, 2011, fair market value of R. For transfers prior to July 1,2011 fairmarketvalue included In Line 0 for special tax rate pproperty enrolled in current use program included In of quallffed working farm included in Une 0 for (See Instructions) Line 0 for special tax rate special tax rate S PROPERTY TRANSFER TAX DUE from rate schedule on page 3 of this form, COMPLETE RATE SCHEDULE FOR ALL TRANSFERS. 435.00 Make checks payable to VERMONT DEPARTMENT OF TAXES' T. DATE SELLERACQUIREO ti. IF A VERMONT LAND GAINS TAX RETURN iS NOT BEING FILED, cite exemption(s) from Instructions on page 4 03 17 F7 M M D R YY YY 1_...J I_I .For Town Use Only Form PT--172, Page 2 of 4 Rev. 06115 Buyer#1orEntity Hergenrother Construction, LLC SSN or Flo PropertyLocatfon 70 Highland Terrace, So. Burlington, VT Date of Closing . Tax on Special Rafe Property RATE SCHEDULE 1. Value of purchaser's principal residence. Also enter on Line R . (See instructions) ..................................... 1. 2. For transfers prior to July 1, 2011, value of,property enrolled in current use program. Also enter on Line Q................. . ..... . 2. 3. For transfers prior to July 1, 2011, value of qualified working farm. Alsoenter on Line R..................................... 3. 4. Add Lines 1- 3 ....... . .... . 4, S. Tax rate......,.. .................................... 5. 0,005 • 6. Tax due (Multiply Line 4 by Line 5) ................. . . . .. . . . . . . . 7. VHFA Exemption 99 Only Values In excess of $110,000 but below $200,000 7. 8. Tax Rate .................................................... 8. 0.0125 9. Tax Due on VHFA (Multiply Line 7 by Line 8) .................. . .... . . ....... . . . . . . .......... 9. -0- 10. Total due on special rate (Add Lines 6 and 9), . , . , , µ Tax on General Rate Property 11. Enter amount from Line 0 on page 2 of this form . ........... . ... . . . , 11. 30, 000.00 12. Enter amount from Line 4 above ................. . . . . . . . . . . . . . . . 12, -o- 13, Enter amount from Line 7 above ................. . ................ . 13. - 14. Subtract Lines 12 and 13 from Line 11.......... . ...... . . . . . . . . , 14. 30,000. 00 15. Tax rate (includes 0.002 Clean Water Fund 32 V.S.A. § 9602a).... , .... , . , 15. 0.0145 16. Tax due on General Rate Property (Multiply Line 14 by Line 15) ............................. , ........ 16. 435.00 TOTAL TAX DUE 17. Add Lines 10 and 16, Enter here and on Line S on page 2 of this form . . ........ . ...... . . . . . . . . . . . . . . . . 17. 435.00 LOCAL AND SE PERMIT AND CT 2aQ NOTICE The parties are hereby given notice that; The property being transferred may be subject to regulations governing potable water supplies and wastewater systems under 10 V.S,A, chapter 64 and building, zoning and subdivision regulations; • The property being transferred may be subject to Act 250 regulations regarding land use and development under 10 V.S.A. chapter 151; • The parties have an obligation to investigate and disclose knowledge regarding flood regulations affecting the property. To determine If the property is In compliance with or exempt from these rules, contact the relevant agency. Contact Information is ptovided In the instructions on page 6. WITHHOLDI.. CERTIFICATION ❑ Buyer(s) certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form RW-171 within 30 days from the transfer, OR that the transfer Is exempt from Income tax withholding for the following reason (check one). F] 1. Under penalties of perjury, seller(s) certifies that at the time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate number from the Commissioner of Taxes In advance of this sale. ❑ 3. Buyers) certifies that this is a transfer without consideration. (See instructions for Form RW 171.) ❑ 4. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee in a foreclosure ortransfer in lieu of foreclosure, with no additional consideration, For Town Use Only Form PT 172, Page 3 of 4 Rev. 06/15 Buyerfff orEntity Hergenrother Construction, LLc SSN or FID Property Location 7n aL9b and TOXTa^�6,__.�s, Burlinton, VT Date of Closing Transferor and Transferee state that the information submitted on this return is true, correct and complete to the best of their knowledge. Prepared by (print or type) Bergerbn , Paradi s & Fi t zpa tri ck LLP Preparer'sAddress 34 Pearl Street, PO Box 174 Essex Junctzan, VT Buyer's Representative Marc E. Wiener, Esquire Buyer's Representative Telephone f 802) 863-1836 Town or City: Please forward or—ldnal to the VT Denarfmant of Tavne melfhin in A.,,.. 9 rw....:. L THIS SECTION TO BE COMPLEJDBY TOWN OR CITY CLERK Book Number _ Pago Number Grand List year of City or Town Date of Record E:= Parcel ID Number Grand List Value M M D D YY Y Y �.a Grand List Category` SPAN ACKNOWLEDGMENT Return received. SIGNED " Please use the following numeric two -digit grand list category codes , Clerk DATE Residential <6Acres .............01 Seasonal >6Acres .......... , , . ,06 Utilities Other.. Residential >6 Acres ... . .........02 Commercial ...... , .......... .11 Farm Mobile Home/Un .......... , CommerclalApt ..07 . 12 ...... + ............. . . .....03 Mobile Home/La ................04 ................. Industrial 08 Other ......... , ............ , .. fi 3 Seasonal <6 Acres ...... . . .... . .05 ......................09 Utilities Elec............... Woodland .... .............15 , ....fi0 Miscellaneous .... ..............fi5 Fer Town Crse Unly 5454 Form PT-172, Page 4 of 4 Rev. 06/15 Property .Transfer 'V�cnnsoNT payment Voucher • Use Blue or Black Ink Only • DUE DATE: Date of closing, pT°��3 ❑ 5IWI7BNI1'1 0I�0�VN TAX.SENT TO: VERMONT DEPARTMENT OF TAXES Please send the payment directly to the Department of Taxes at time of closing using this payment voucher. The property transfer tax return, deed and applicable fees are to be sent to the city/town. The city/town clerk will forward a copy of the acknowledged Property transfer return to the Department within 30 days of receipt. "Please send the transfer tax payment to the VT Department of Taxes, **Please send the Property Transfer Tax Return to the city/town. You will note that the buyer used on this voucher is identified as"BUYER W. This relates to BUYER #1 on the Property Transfer Tax Return (PT 172), and this must be the buyer used on this payment voucher. Please ensure the federal identification/social security number, buyer's name and address are identical to, the information for BUYER #1 on the transfer tax return. Since this voucher is sent directly to the VT Department of Taxes and the Property Transfer Tax Return is sent to the town, the information and the name on the voucher needs to match the payment with the return when the city/town files the returni with the Department. **If you do not use BUYER #1 from the transfer return on this payment voucher, the Department cannot match the payment with the filed return from the city/town, the Department will issue a bill with penalty and interest. If filing electronically, please ensure the access fee is included in the amount of payment, A voucher must accompany payment for proper tax credit. Please ensure that the date of closing below matches the date of closing on Form PT 172 or a bill will be issued. Make checks payable to Vermont Department of Taxes and send with this voucher to: Vermont Department of Taxes 133 State Street Montpelier, VT 05633-1401 For assistance with this farm and general property transfer tax questions, please�call 802-828-5860, x31. 5454 Form P7173 Rev. 06/15 SUTLER OR. I I / A Q / / 1 70 / J CITY OF SOUTH DUKLINGTON N/F / r \ / I / 1 r , / I I � � 1 � 1 / I� I 1 pUPjO1S �R�VE — _ _--T I � � I - I I - I I \ E I b EX I5TSNG I $ EXISTNG I / / BIN/LFA5 RIM, 415.96 BOUKDEnY 1 I EXISTING N/F \��..-_`\%OW REMOVE HOU5E \ `V MIN. 6' HIGH WHITE PINE CAPOTRIO \ / \� //0��`_ MIN. 6' HIGH \\\ I I 1 N/F 1.5" TYPE 'K' COPPER \ / / / \ _ CEDAR HEDGE I PRESERVE EXISTING \ / \ \ WATER SERVICES W/ \ I I/ \ CUtD STOP � LANDSCAPING ALONG AICCE55 ♦ UTILITY JL9Z 3V - \ PROPERTY- -' EASEMENT I - �/ MIN 6' NIGH �% BENEFITING LOT 1. / �`'., �� - - Z CEDAR AIETSGE X)' OFF E%ISTING \ / - \ �• `.t o t 1 OF GRAVEL _ / \ �_ _ ! -` 1 - INSTALL,b'iLT \� - - - Z61' WIDE / ! 1 LOT 3 *0 l ACRES \ / FENCE PRIOR TO / ' _ 5T KKT OF - i //~ \-a- UTILITY I // \ GARAGE- 423.0 G \ C STKUCTIO�L/� EASEMENT I T WALL • 424.0 \ fJ ITIf7•G+r FIN. FL, 425.1 y0.010 NV.• \ \ \ \ OTS I ♦5CH 40 PVC / J : LO%/1' _ - _ \ •027 ACRES J' /\'- ESEWERZ"GA/LAGE• 4Z5.-'-'�He \E iTNGEXI5TING\/WAT%F6'MV R STOP Ir TO 5 WALL 4 1 6' L 1 �7(JR GARAGE ♦ w 7.1- -GIRIVEAY _w 6EOU INV �416',f, b `�R JS 'W C` ` L / , / / / '�� - _ / \ C. INV.•41�. 5 C.O.. '� J%T- y \�i IN, 41'/.0 (MINI \\\ I V I I IEXISTING I HOUSE I r\ /i7. SEWER I \ M 416.43 \ \ \ 1 PVC IN. 40 23 1 I \\ \ � I \ MTI••� J • 4 DRIVEWAYS TO MATCH 1EXISTAIN ROADSIDE NORTHERLY TO 1 /\ MAINTAIN FLOW TO NORTHERLY CD / \ \ \O DRIVEWAY SECTION DETAIL, PHT. 3F "iHT. FOR ADDITIONAL INFORMATION) 1 / 1 \1\ `I 5.0.0 ) 1 ! 3Z, WIDE EXISTING C I 1 �2�55 O. UTILITY HOUSE'4h'7 \ PROVIDE LQNIGIfAL\ �,E1kEMENT LOT 4 ES 'O'28 ACR 1 GARAGE• 424.5 1 SEWER `/ STUB FOR N�FIT4NG, \ T. WALL• 425.5 I _ ZO' WIDE ACCey5 /♦ (I �/ \ FUTURE CONNECTION FIN FL, 4Z6 J 1 5 / Q12 � •/ _ - -1/ UTILITY EA DENEFITI LOT Z -- / �7PON-EXIgT. ON -SITE \ - _ -- // I / / SEWAGEYDISPOSAL _ _ _ EXI5T W— 'F \ / \ LOT I / 1 AREA PROFANE _ - - \ 166� \TANK\ Y -''EXISTING\ DRILLED APPROX. L06ATION OF EXISTINd \\ SEWAGE D15,MZL AREA TO CONTINUE TO Sy-ldTI,LIZED UNTIL ` _ 'FAILURE. THE SYSTEM SAMRENTLY - - - -• 4 \ APPEARS TO BE OPERANG TI �0 \ fROfERLK WHILE NOT GAIYSLNG \ \ \ \ \ \APPARENT PO EX LVTION. 15TINa, \ I AREA TO BE VED IN AN \ A&COKDGE WIT SECTION \ \\ \OF \THE ECONNECT PR'S AND TO \ r4UNICNFAL SEWER 5TUD'ONCE \ I \FAILURE' QU,I.KS. FAKLEY \ N/F EXISTING I HOUSE GRAPHIC SCALE RECEIVED NOV 0 2 2016 City of So. Burlington a ( IN FEET) I Inch = 30 fL $/4' TYPE 'K- COPPER -"TER SERVICES W/ CURD 5TOP5 I\SLOTS 3 4) DIANE WE55EL TRU5T \/- P OVIDE I-I/7 TYPE N/F '(\ & COPPER WATER \ LIN��IRE-T TAP TO \ \EXISTING WATERMAIN. IN�TALL NEW Bk6' WYIE 0 APPROX \ ELEI/.• 413.7 Is�(IS INS \\ H'(DR T\ \ EX(ST. :K MAIN IE IST. SEWER M1 RI 423.30 6' "r, IN- 410.155 LOCAT/ONPLAN SOUTH BUKLINGTON, VT N.T.5. Legend PROJECT BOUNDARY - - ADJACENT PROPERTY BOUNDARY EASEMENT BOUNDARY - - SETOAGR x� WATER LINE va�m SEWER 1IA IN Zoning Information PARCEL ID4, 015W-01410 PARCEL SIZE, 45. ACRES ZONED, NEIG ORHOOD RE5IDE14TIAL ISEO-NU ODDITY, L2 UNIM / ACRE- L5 AG X L2 LMIM/AC.• 16 1.3 TDR'S REWIRED TO ALLOW FOR 4 TOTAL LOTS 4 LOTS / L5 ACRES • 267 UNITS PER ACRE ILE55 THAN 4 UNIT/ACRE MAXI CQIV@RIpNL DIMDDIONAL woulRE em MINI" LOT AREAS 12.000 SF / UNIT 6 12.000 SF. PROPOSED) LOT DEPTH TO WIDTH RATIO. 2.1 MIR LOT 1• MM 5F / = '' AVG. DEPTH • X)6J' AVG. WIDTH LOT RATIO 270.E 10 / 63• 2.54; LOT 21 14761 SF / V( AVG. DEPTH • 434' AVG. WIDTH LOT RATIO 27i / 43.4' • 6.24; LOT J X6' / 75 221; LOT 4- 167 / 75' 223� SRTDACNS, FRONT: X FT MAX 51DE• 10 FT REAR X FT Du1LD. clovm"E. M MAX ALLOWED (lx M0,06E01 TOTAL L.OT COVISR E- XZ MAX ALLOWED (T/.6Z 102 ACRES) MOP05W LAIC BUILDING NE16Hf• 45 FT Owner & Applicant THOMA5 HER6ENROTHER HERGENROTHER CONSTRUCTION, LLC. 340 MALLETT5 BAY AVENUE COLCHE5TER, VT 05446 �nre STL11111/// suPOBCA o 4rmro m.,w.e o o4nwW44. `\ SEF f• fi % E3 ST1I-tErR1�E[YI/K i 11 CA y O',I. TFIV�A�L• RTE �-. �PFH ON— v_Y_B"'_ KE THE CONTRACTOR SHALL WITTY'DI GSAFE' AT 1-888-DIG-SAFE PRIOR TO ANY EXCAVATION. 1 Cf4 s✓' a oWe CIVIL ASSOCIATES, PLC cv� \ L s reoaT I,g- HERGENROTHER PARCEL 14X) HINE5BU & RD. SOUTH BL.RLINGTOR VT 5UDD I V 1510N PLAN I 1 r\ I / / NO 79 / / f / / CITY OF SOUTH DURLINr, / N/F / I I f I / I I I I I 1 � II /r / I II i I I \\ \� RM• 4b.47 \ b rVG IN• 7 EXISTING EXISTING I'IQUSE HOUSE EXISTING G.D. RIMS 4F3.% \ /\ EXI5TING �/ I\ \\_ 1 \�� _�� HOUSE \ DOURDEAY \ BWFCArOTKIO AS 1 N/F EVERGREEN v---- TKEE 16'-161© /TYr. DECIDUOUS \LgqNNDDSGArI NG TO \ DE�\REMOVED ITYPJ EXI5TIN6 &RAVEL / 1 \ COLORED \ )- - - - - - - LANDSGAFIN& \ r\ -- • , / ^ \_'�� - -_^�.- / TO KEMAIN SEWAGE EXI5TING �. E-�/ _1 -425\ HOU5E \ EXISTING TANK \ ti: \` ti * � El / I EXI5TIND,- ,/- DRILLED WELL PARLEY N/F - \ / ' i 'EX1571N& HOUSE / - I GRAPHIC SCALE ( IN FEED ) 1 inch = 30 K 1 I IEXI5TING 1 HOUSE I y\ 11 1 \ LOCAT/ONPLAN SOUTH DURLINGTON. VT N.T.5. Legend PROJECT BOUNOMY ----- ADJACENT MOPFJITY D—OMY DIANE WE55EL TRUST - - EA5EMENT DOUNDMY N/F - - - - - - - SETDACK I \ i W R M,OIN -� \ / I \ II \ II 515T. SEWER MH II��III•• 423.30 ,VG IN- 416.65 Owner & Applicant THOMA5 HERGENROTHER HER6ENROTHER GON5TRUGTION, LLG. 340 MALLETT5 BAY AVENUE GOLGHE5TER, VT 05446 1NE CONTRACTOR SHALL NOTIFY bIGSAFE• AT 1-888-DIG-SAFE PRIOR TO ANY EXCAVATION. OBCA 0 AFmv m4wlc 0 aR[iww Y" 0 �"""/CO-T HERGENROTHER PARCEL OBCA T �+/�R PFH O'LE v_Y_B� 1410 H11�5DURG KD. `SOUTH BLRLINGTON VT - CIVIL ASSOCIATES, PLC EXISTING GON[DITIONSI 2 CORNER LIST NOTE' (O. D.) indicates outside diameter ofapplicable monument. CORNER 1: 5/8" rebar TO BESET CORNER la: 5/8" rebar recovered 14" above grade and bears S81'24'24"W, 4.12' from Comer 1. CORNER 2: 5/8" rebar TO BE SET CORNER 3: 1-1/4"(0. D.) metal pipe recovered 12" above grade. CORNER 4: 5/8" rebar TO BE SET CORNER 5: 1-1/4"(0. D.) metal pipe recovered 24" above grade. CORNERS: 1-1/4"(O.D.) metal pipe recovered 18" above grade. CORNER 7: 5/8" rebar TO BE SET Lands of CORNERS: 1-1/4"(O.D.) metal pipe recovered 24" above grade. ✓.S. Bialas, Jr. & MT. Bialas CORNER 9: 5/8" rebar TO BE SET 4681400 CORNER 9a: 1/2" rebar recovered leaning and was located at its base Lands of and bears S81'43'35"W, 5.55' from Comer 9. R.M. & C.A. Bourbeau CORNER 10: 5/8" rebar TO BE SET CORNER 11: 5/8" rebar TO BE SET 417147 CORNER 12: 518" rebar TO BE SET CORNER 13: 5/8" rebar TO BE SET CORNER 14: 5/8" TO BE SET g4 ! rebar S82"40'02"W 45"W -- CORNER 15: 4" X 4" concrete bound recovered 8" above grade. CORNER 16: 4" X 4" concrete bound recovered 6" above grade. Lands of !it✓. CapOtriO 25.00' ''jQ,pO' I - S82-24' - CORNER 17: "7-Stake" recovered leaning with a 10" reveal and was located at its base. 828/350 - 4002"W - ` T• S8� - "6" gQ' ��- - 29.31' 46"W t' 240.�� - ro 8" 29.31' ` _ N _ S81 43�W �- _ Ni $ _ 0.29 acres no / g proposed r Y 3 ..13.. Pse Sara e d'v�wa „ LOT3 � _ N81"1 `L G (34.80') + t 9a O tom' 4 J 1 '°° •12" _ _ 16'13 E) 6 . ase s`3s. �� o I - 600an°s LB�� Z (54.87 _. 81 , e% obi o• \ \ I - f ..-_ ,8 166.96) Wk LA Proposed house 9 esr ''y°Cc \�rnO `\\r°9 a sa 8 , �� S 5B1'24' 4 WIL. e es oo �8r Za °se � . J _ 166 35' p 1 0. a _ "3"19 �Or W 1 gora9e? .. 2 °'w,, ni o NIL ,. IS LQ-T 2- i ° 43 35"E_ �r J SS\\. tiro I o S81 24,2s4"1H a (D L + ° m "L1" N81 _ ��� ..1V s .1- Js, � "14"� � 4'24 E) _ N 1 _ 0.27 acres (49.2a) _ �f F NB1 2 (173.9�._�. LL 46- 1 W 14�_ _ 93.22')� 8'fiz5"W� I 1 - wid tilly 1_4. Proposed dri w°Y - ( - 20.00')I s 4- posed Lots "we - I Prof t enefiting 15„ z _ 1 0 Q F 1 " 3 Al 1 m I Wn_ ..10.. N N gr I _ _ _ 10 oo- N81'43'35"E) _ o 83' - acces house Basemen proposed I Iv I house/9°f09a LOT 4 1 fl' J "posed 20 benefiting Lotdo p-o I 6 I 1o1 utility easement t 0.28 acres 01 JI I tm I ..3.. Do 1 LOT I ±0.66acres pane tank W Ip �. �-N81:4'2.4E �••1s" IO1 <a W ' a Q.to N a T 3 33.00' � � � Larlds of � � ,° a 1 -- �r 265.6 R.D. & L.F. Farley ° 3 oa e - 2111288 o o SHORT CURSES Li N07'27'32"W 8.90' L2 N65'14'50"E 14.04' L3 N72'11'21"E 2 77' CI IRVFV K]nTFS LEGEND Found Corner Monument C IM (See Corner List) Set Corner Monument (See Corner List) Unmonumented Point A Corner Number „7„ (See Corner List) Drilled Well Sewer Manhole Subject Boundary Line ------- Adjoining Boundary Line Easement Boundary Line - - - - - Record Boundary Line Zoning Setback Line - --- --- Existing & Proposed Wit - Water Line Existing & Proposed Sewer Line L4 N76'26'42W 19.22' L5 N67'40'26 "E 29.79' Parcel I.D.# 0860-01410 L6 S39'29'38"E 18.04' Parcel Size: ±1.50 acres L7 S81103"W 0.85' Zoning District: Neighborhood Residential (SEQ-NR) L8 S08'19'11"E 5.00' Density. 1.2 Units/Acre, 4 Units/Acre with TDR's Front Yard Setback: 20' Max. Side Yard Setback: 10' Rear Yard Setback: 30' j Approretl by the Resolution of the D-1clo enf R.-Board of the City of South Burlington, Vermont on the day of 20_, subject to the requires ants and coed/tans of said Res olufion. signed this_ day of_, 20 ,by Chairman or Clerk City of South Burlington Clerks OXiae Received for Record This _ day of A.D. 20 , at o'clock minutes_M. and ffWin: City Clark Graphic Scale 1 " = 30' 30 25 20 15 10 5 0 15 30 60 120 N Seth W. Kittredge, L.S. 060709 1. The purpose of this survey was to retrace, monument and subdivide the lines and comers of lands deeded to Hergenrother Construction, LLC in Volume 1329, Page 265 of the City of South Burlington Land Records, dated June 28, 2016. 2. The following plats recovered in the City of South Burlington Land Records and from other sources were used in aid of this survey: a. Plan entitled; "Plan and Profile of Proposed State Highway, National Recovery Secondary Project, Towns of South Burlington, Williston, Shelburne, St. George, Burlington -Bristol Road, Project #00R502" , prepared by the State of Vermont, State Highway Department, dated October 4, 1932. A digital copy of said plan was obtained from digital archives of the Vermont Agency of Transportation. b. Plat entitled; "Lot Layout - H. DuBois, So. Burlington" , dated August, 1969, and is recorded in Map Slide #94 of the City of South Burlington Land Records. c. Plat entitled; "Property Plan of Christian & Hazel G. Hoskam, So. Burlington and Williston, Vt.", prepared by Warren A. Robenstien, L.S. 48, dated June, 1971, and is recorded in Map Slide #99 of the City of South Burlington Land Records. d. Plat entitled; "Plat of Subdivision for SMART ASSOCIATES, INC., South Buffington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated November, 1977, and is recorded in Map Slide #113 of the City of South Burlington Land Records. e. Plat entitled; "Plat of Subdivision for SMART ASSOCIATES, INC., South Buffington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated November, 1977, last revised March 23, 1978, and is recorded in Map Slide #115 of the City of South Burlington Land Records. I. Plat entitled; "Ledge Knoll Subdivision, Homer & Marie DuBois, Hinesburg Road, So. Burlington", prepared by Trudell Consulting Engineers, Inc., dated November 16, 1983, and is recorded in Map Slide #172 of the City of South Burlington Land Records. Location Plan-n.t.s. Typical Stamped Caps on Set Monumentation (not to scale) ___W i i /4" ir'lf 7/i6" N I /8" X 30" bar Direct Ties Corner 3 to 15: S25'21'49"E, 12.81' Corner 15 to 16: N8270'14"E, 60.13' on _,ga 3. Hinesburg Road (VT. Route 116) was determined to bait rods (66') wide from information shown on the plan noted in 2a. The easterly line of Hinesburg Road (VT. Route 116) was established at 2 rods (33') from the approximate center of the existing traveled portion of the highway. 4. Highland Terrace was created in Volume 142, Page 492 of the City of South Burlington Land Records, dated May 30, 1978, and the plat noted in 2d. It was determined by a review of pertinent deeds in both the client's chain of title and the chain of title for Highland Terrace, that the easterly line of the subject parcel (along with adjoining and adjacent properties located southerly of the subject parcel), and the westerly line of Highland Terrace share a common boundary. A conflict was uncovered in the field between recovered original monumentation identifying the easterly comers of the subject parcel and adjoining, and adjacent, lands located southerly of the subject parcel, with monumentation identifying the westerly boundary of Highland Terrace set in accordance with the survey noted in 2d. This survey honors the recovered orignal monumentation identifying the easterly comers of the subject parcel as marking the westerly boundary of Highland Terrace. 5. Unless otherwise noted, the physical location of underground utilities were not determined by this survey. 6. The information on this plat reflects conditions that were existing at the time of the survey both at the project location and in the land records of the City of South Burlington as of October, 2016. 7. The direction of this survey is relative to Vermont Grid North (NA083, VT-4400) as determined by Network RTK-GPS observations made on site May 19, 2016 e GENERAL 5AN I TAKY SEWER 5PEG I F I GAT I ON5 - GROUND --� GENERA /ATER SPEC I F I GAT I DINS 1) SEE OTHER SHEETS FOR ADDITIONAL INFORMATION. 2) CONTRACTOR SHALL CONTACT ALL UTIUTIES BEFORE EXCAVATION TO VERIFY THE LOCATION OF ANY UNDERGROUND UNES. UTILITIES INFORMATION SHOWN HEREON WERE OBTAINED FROM THE BEST AVAILABLE SOURCE AND MAY OR MAY NOT BE EITHER ACCURATE OR COMPLETE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO ANY UTILITY, PUBLIC OR PRIVATE, SHOWN OR NOT SHOWN HEREON. 3) THE HORIZONTAL AND VERTICAL SEPARATION FOR SEWER AND WATER UNES SHALL BE INSTALLED IN ACCORDANCE NTH THE LATEST EDITION OF THE "TEN STATE STANDARDS - RECOMMENDED STANDARDS FOR WATER". 4) PRIOR TO CONSTRUCTION, ALL MATERIALS SHALL BE APPROVED BY THE ENGINEER. 5) ALL SANITARY SEWER PIPE SHALL BE PVC SDR 35 CONFORMING TO ASTM D-3034, ASTM D-3212, AND ASTM F-477. 6) ALL TRENCH FILL SHALL BE PLACED IN 6- LIFTS AND THOROUGHLY COMPACTED TO 95% OF MAXIMUM DENSITY OF OPTIMUM MOISTURE AS DETERMINED BY ASTM D968 STANDARD PROCTOR. 7) ALL NEW GRAVITY SANITARY SEWER MAINS SHALL BE LEAK TESTED BY A LOW PRESSURE AIR TEST AND DEFLECTION TESTED. THE LOW PRESSURE AIR TEST WILL BE USED TO SIMULATE INFILTRATION OR EXFILTRATION INTO OR OUT OF ALL GRAVITY SANITARY SEWERS. ALL TESTING WILL BE CONDUCTED UNDER THE SUPERVISION OF THE ENGINEER. AIR TESTING SHALL BE PERFORMED IN ACCORDANCE WITH ASTM C828-80. THE MINIMUM ALLOWED TIME FOR A PRESSURE DROP FROM 3.5 PSI TO 2.5 PSI SHALL BE 1.2 MINUTES PER 100 FEET OF 8" SEWER. AFTER THE FINAL SACKFILL HAS BEEN IN PLACE AT LEAST 30 DAYS, THE DEFLECTION TEST MAY BE PERFORMED. NO PIPE SHALL EXCEED A DEFLECTION OF FIVE PERCENT (5%). IF THE DEFLECTION TEST IS RUN USING A RIGID BALL OR MANDREL, IT SHALL HAVE A DIAMETER EQUAL TO 95X OF THE INSIDE DIAMETER OF THE PIPE. THE TEST SHALL BE PERFORMED WITHOUT MECHANICAL PULLING DEVICES. 8) ALL SANITARY SEWER MANHOLES SHALL BE TESTED PRIOR TO CONSTRUCTION OF THE INVERT BY THE VACUUM TEST METHOD DESCRIBED IN THE TECHNICAL SPECIFICATIONS. THE MINIMUM ALLOWED TIME FOR A VACUUM DROP FROM 10' OF MERCURY TO 9' OF MERCURY SHALL BE 2 MINUTES. 9) ANY SURFACES, UNES, OR STRUCTURES WHICH HAVE BEEN DAMAGED BY THE CONTRACTOR'S OPERATIONS SHALL BE RESTORED TO A CONDITION AT LEAST EQUAL TO THAT IN WHICH THEY WERE FOUND IMMEDIATELY PRIOR TO THE BEGINNING OF CONSTRUCTION. 10) THE CONTRACTOR SHALL COORDINATE THE LOCATION AND INSTALLATION OF THE INDIVIDUAL LOT SEWER LINE SERVICES WITH THE OWNER AT THE TIME OF CONSTRUCTION. GENERAL GON5TRUCTION 51"EGIFIGATION5 I. ME CONTRACTOR SHALL CONTACT ALL UPUTES BEFORE EXCAVATION TO VERIFY ME LOCATION OF ANY UNDERGROUND UNES ME CONMACTOR SHALL NOTIFY "DIGSWE' AT 1-888-DIG-SAFE PRIOR TO ANY EXCAVATION. 2. UTILITIES INFORMATON SHOWN HEREON WERE OBTAINED FROM BST AVAILABLE SOURCES AND MAY OR MAY NOT BE EITHER ACCURATE OR COMPLETE. CONTRACTOR SHALL VERIFY THE EXACT LOCATION OF EXISTING UTUTS AND SHALL E RESPONSBLE FOR ANY DAMAGE TO MY UMUTY, RUBUC OR PRIVATE, SHOWN OR NOT SHOWN HEREON. CONTRACTOR SHALL CONNECT OR RECONNECT ALL UTILITIES TO ME NEAREST SOURCE THROUGH COURGNATION WIM UTIUTY DINNER. 3, ALL WORK AND MATERIALS SHALL BE APPROVED BY AND IN ACCORDANCE WITH ME LATEST WRMONT AGENCY OF TRANSPORTATON STANDARD SPECFICATONS FOR CONSTRUCTION, ME MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES AND THEE PLANS A. PRIOR TO BEGINNING CONSTRUCTION, ALL MATERIALS SHALL BE APPROVED BY ME ENGINEER. 5. ME CONTRACTOR SHALL BE RESPONSIBLE FOR DEMOUTON AND REMOVAL OF ALL EXISTING VEGETATION, PAVEMENT AND STRUCTURES NECESSARY M CONSTRUCT THIS PROJECT UNLESS OTHERYAE NOTED ON THEE PLANS. ME CONTRACTOR SHALL REMOVE ALL EXCESS MATERIAL DEBRIS AND TRASH FROM ME SITE UPON COMPLETION OF CONSTRUCTION. S. ME CONTRACTOR SHALL BE RESPONSIBLE AT HIS/HER OWN EXPENSE FOR ENSURING MAT ME DUST CREATED AS A RESULT OF CONSTRUCTION DOES NOT CREATE A NUISANCE OR A SAFETY HAZARD. WHERE AN O WHEN DEEMED NECESSARY BY ME ENGINEER, ME CONTRACTOR SHALL BE REQUIRED TO NET SECTIONS OF THE CONSTRUCTION AREA WM WATER OR APPLY CALCIUM CHLORIDE 7. ANY SURFACES, UNES, OR STRUCTURES WHICH HAVE BEEN DAMAGE BY ME CONTRACTOR'S OPERATIONS SHALL BE RESTORED TO ME CONDITION AT LEAST EQUAL TO MAT IN MICH THEY WERE FOUND IMMEDIATELY PRIOR TO ME BEGINNING OF OPERATIONS. INSPECTED BY OUIMY-BURKE CIVIL ASSOCIATES & THE DESIGN JU TREE PLANS SHALL BE PLC, ESSE% JUNCTION, VERMONi, W ENSURE COMPLIANCE WTH MI PUNS AND REQUIREMENTS REQUIREMENTS. MAY ARISE WAIVES ANY AND ALL RESPONSIBILITY AND LOW THE FOR PROBLEMS MAT MAY ARISE FROM INTENT FAIWRE E THE CONTRACTOR TO FOLLOW MERE PLANS. SPECIFICATIONS AND ME DESIGN INTENT MAT ME PLANS CONVEY, AND FROM FAIWRE TO HAW BEEN NOTIFIED TO INSPECT THE WORKS AND TESTS IN PROGRESS. 9. FOR MY WORK WMIN ME HIGHWAY RIGHT-OF-WAY A MINIMUM OF ONE-WAY TRAFFIC SHALL BE MAINTAINED AT ALL TME& CONTINUOUS TWO-WAY TRAFFIC WILL BE REQUIRED AT NIGHT, DURING PEAK -HOURS, AND WHENEVER POSSIBLE DURING ACTUAL CONSTRUCTION ACMMTE& UNIFORMED TRAFFIC CONTROL OFFICERS SHALL DIRECT TRAFFIC DURING PEAK HOURS WHEN THERE IS ONE-WAY TRAFFIC OR WHEN DEEMED NECESSARY BY ME TOWN OR STATE. TEMPORARY CONSTRUCTION SIGNS AND TRAFFIC CONTROL SIGNS SHALL BE ERECTED BY ME CONTRACTOR IN ACCORDANCE WN STATE AND TOWN STANDARDS. 10. TO ENSURE COMPUMCE WITH ME PLAN(S), ME CONTRACTOR SHALL NOTIFY ME ENGINEER 24 HOURS IN ADVANCE OF STARTING ANY WORN, BEGINNING ME INSTALLATON OF MY UTILITIES' BRINGING IN ANY NEW GRAVEL FOR ME NEW BASE, ALL TESTING AND FINAL INSPECTION. 11. SEE OTHER DETAIL SHEETS OF THESE PUNS FOR ADDITIONAL DETAILS, REQUIREMENTS AND SPECIFICATIONS. EK05ION CONTROL 5PEGIFICATI0N5 USE A" M. PVC PIPE TO CATION AND DEPTH RNCE CONNECTION E%TSOFlNAOLLH lNA0E TO2 - " MNIMUM PLUG SERCE SDR CONNECTION >5 PVC �$ ELOPE t/4"AF MESS DIME IVC NOTED AN ss Pee wrE SANITARY SEWER 5ERV I GE CONNECTION NTS CLEAROUT FRAME R COVER LBBARON R-808 OR EQUAL SHORT LENGTH OF PIPE AS NOTED 6' SOR 35 PVC/T ON PLANS 3500 PSI 3500 PSI \ CONCRETE CONCRETE �� \ ENO AREA BEARING J'-,v END AREA AGAINST BEARING BACKFlLL UNDISTURBED AGAINST \ WM SOIL UNDISTURBED EXCAVATED SOIL \� MATERIAL TYPICAL TEES-DEADENDS-CAPS TYPICAL BENDS / NOTE: PLACE 4 mil POLYETHYLENE BETWEEN FITTING AND THRUST BLOCK SIZE FITTS 6" 8" 12' 11)E&2 2 2 s BASED ON 100 PS WORKING 45' 2 / 9 \ PRESSURE PLUS 100 PSI SURGE ALLOWANCE AND BEARING FOR D.I. PIPE. DIRECT - ALLOWANCE CAPACITY OF 2000 LBS/SO FT 90' 4 8 17 TAPPING IS PERMITTED WA ER ENDS CAPS 3 e 12 ;\ MAIN VALVES 2 2 2 SG FT BEARING AREA THRUST CLOCK END AREA i/\�, I^SWMEI El SAC- NITS APPNEAEC 8' M[RW9XLY CWPZIE➢ T 2500 PSI CONCRETE ME STIES OF TRENCHES CLEANOUT DETAIL NT5 45'BEND GRADATION 111WOMNIRNf9 mrO TRIO SWARD - W [•m Aim t +/Y1. 17 M Wm Wmo I x o-u SR--WYm T9AOR N Alm Nm roWR � WKWA¢ coax t I? tm a N FOP o x yr sc AxO OO1I S t/Y t +K ao-eoa M N99 I I. ADDITIONAL EROSION CONTROL SHALL DE INSTALLED AS DEEMED NECE55AKY DY THE TOWN IN5MC,TOK. 2. SEE OTHER DRAWINGS, OF THESE PLANS FOR ADDITIONAL 5TORMWATER AND EROSION CONTROL 5MC.IFICATION5 AND DETAILS. 3. THE ROADWAY AND YARD FINISH GRADE SLOPES SHALL NOT DE STEEPER THAN 3 ON L THE FINISHED GRADE SLOPES SHALL DE IMMEDIATELY GRADED AND MULCHED. 4. SHOULD ANY 015TURDED AREA REMAIN UNWOKKED FOR MORE THAN 14 DAYS THEN THE AREA SHALL DE MULCHED OR TEMPORARILY SEEDED WITH AMAIAL RYE. TOPSOIL SHALL DE PLACED. DE SEEDED AND MULCHED WITIN FIVE DAYS AFTER ACHIEVING FINAL GRADE. 5. THE EROSION CONTROL METHODS USED DURING C,ON5TRUCTI0N OF THE DEVELOPMENT SHALL PROCEED IN THE FOLLOWING 5EQUENCE- AI THE CONTRACTOR SHALL INSTALL AND MAINTAIN SILT FENCES CONSTRUCTION ENTRANCE, AND OTHER EK051ON CONTROL MEASURES, IF REWIRED. A5 ORDERED DY THE ENGINEER. THE EROSION CONTROL MEASURES SHALL DE MAINTAINED AND REPAIKED AFTER EVERY RAINFALL UNTIL THE NEW IMPROVEMENT5 ARE PAVED AND ALL DISTURISED AREAS HAVE DEEN GRASSED. THE REPAIR OF THE EROSION CONTROL MEASURES WILL INCLUDE REMOVING ANY SEDIMENTATION THE SEDIMENT MAY DE PLACED AS FILL IN THE LOW AREAS. IF APPROVED DY THE ENGINEER. D) THE TOPSOIL 51-IALL DE REMOVED FROM THE AREA5 TO DE GRADED AND 5TOCKPILED. A SILT FENCE SHALL DE PLACED CONTINUOUSLY AROUND THE DOTTOM OF THE PILE. C4 IN AREAS NEAR THE NEW CONSTRUCTION, THE CONTRACTOK SHALL ENCLOSE THE TRUNKS OF TREES TO DE SAVED WITH WOODEN SNOW FENCIN& ALONG THE DRIPLINE TO PROTECT THE FROM INJURY. DI THE 51TE GRADING WILL THEN DE DONE, AND THE PIPELINES WILL DE INSTALLED IMMEDIATELY FOLLOWINW GRADING. THE CONTRACTOR WILL INSTALL AND MAINTAIN STONE N-ET PROTECTION AROUND THE CATCH DA51145 UNTIL THE ROADWAY HAS BEEN PAVED AND OKA55 HAS SEEN E5TADL15HED ON THE SLOPES. EI THE CONTRACTOR WILL TOPSOIL, SEEP. AND MULCH THE DISTURBED AREAS WITHIN 7 DAYS OF ACHIEVING FINAL GRADE. FI OPEN GUT AREAS SHALL DE MULCHED OUTSIDE OF ACTUAL WORK AREAS, AND HAY DALES SHALL DE EMPLOYED TO CONFINE SHEET WASH AND RUNOFF TO THE IMMEDIATE OPEN AREA AS ORDERED DY THE ENGINEER. 6. TOTAL DISTURBED LAND SHALL DE LIMITED TO 7 ACKE5 AT ANY GIVEN TIME. 20' WIDE DRIVE (MAX.) THICK TY PE YPE III GDURE RT. CONC. .... PAVEMENT Y�1 1S• GRAVEL EEC. 7N.05 UNDISTURBED OR THOROUGHLY MIRAGE SOD COMPACTED SOIL APPROVED EQUAL NT5 FRSN A. UN. -Rem SOL D IS W OF ME PIPE) IS nMONE9 XEEP ME MEN ES Ili- L, wRxisWFAixl1°RSHIm uxgsRReEo sM \3/4" STONE -- TYPICAL SANITARY TRENCH NT5 ALL JOINTS SHALL E THOROUGHLY SMOOTH CUT EXISTING BITUMINOUS CLEANED AND COATED WITH PAVEMENT PRIOR TO PAVING EMULSIFTE ASPHALT PRIOR 1'-0' THICKNESS OF 1/16' TO PAVING MIN. EXISTING PAVEMENT TOURER, (3- MINIMUM) o- MICKNE55 OF EXISTING GRAVEL ' EXISTING iI(18' MINIMUM DENSE GRADE f GRAVELOSASE. -' ISPEC USH7D,STONE PER VT. STATE EXISTING BITUMINOUS PAVING ON ONE OR BOTH SIDES STATIONARY BOX - DO NOT INSTALL IN PAVEMENT - STAINLESS STEEL ro ECTING ROD MILE ER H-103M CURB BOX ON APPROVED EQUAL INSTALL A VERTICAL GOOSE rlD13PIARTMEN� CAMBRIDGE BRASS NECK LOOP AMBRIDGE BRASS NO -LEAD BRASS. O-LEAD BRASS, RED HED RED HED MANUFACTURING BRASS Q81 OR ANUFACTURING SB /84151OR DEPMWENT APPROVED EQUAL CORPORATION STOP APPROVED WAI CURB STOP TYPE W COPPER (SEE SNT. I FOR SIZING) 4' X 12" % 12" SOLID CONCRETE BLOCK WATER 5ERVICE DETAIL NT5 ^(CENTER E 1LEEXGM • IS' MN. - WATEPUNE) XEW WATRUNE OR SEPVNZ CENTER ONE LENGTH O PIER UNDER SENIOR CENTER ONE LENGTH OFPIPE OVER SEWA NEW WATERLINE ON SERVICE " t• IF 18' OF VERTICAL SEPARATION CAN NOT B' MN. BE MAINTAINED. ME EWER UNE SHALL BE CONSTRUCTED TO WATERLINE STANDARDS, A NEWEWER PIPE (CENTER ONE lEHGTH MINIMUM OF 20 FEET BEYOND EACH SIDE OF UNDER -LAD ME CROSSING. SEWER / WATER SEPARATION DETAIL FOR CR055ING5 MEND EXCAVATION 1) SET UP AND MAINTAIN SONS AND OTHER SARTY CONTROL DEMCM 5) DOPNOT PIIHDDNUD A TAAONT CDAWT T BORTTTICAL IC DEFFACES HOLIN A UNIFORM MANNER. 2) ESH E HOLE AND PATCH AREA BY CUTTING AM A CONCRETE SAW I IN O SQUARE 011 RfCTANWLAR SHAPE AND Wi SIDE FACES VWTICALLT. 8) FILL TOP O MORE WM TYPE III BININWS CONCRETE AND COMPACT RRESHME DONNWMD TO SOLD MATERIAL AND MOUND HOLE TO SOUND FR NO MORE THAN 2" THICK. FINAL UNCOMPACTED UFT SHOULD AVEMENT. BBIEiEI/ATER IS LANNEWI'IIHJONINC PAVEMENT SO MAT AFTER COMPACTON 3) BACKFlLL TRENCH IN 8- LIM AND COMPACT EACH UFT TO 95R O BE 1MOR000NLY COMPACTED WTH AME NMEAITRY PLATE CWPACTM ON A MAXIMUM DENSITY O OPTIMUM MOISTURE CONTENT AS DETERMINED BY PORTABLE ROLLER. EXPERIENCE HAS SHOWN MAT 15 TO W PASSES WITH ASAP DO. STANDARD PROCTOR. A MBRATORY POLLEE AND MIX TDAPERATURE MOVE 250 F (1ST C) ARE NECE4) REMOVE ALL LOOSE MATERIAL AND THOROUGHLY SHEEP THE HOLE AREA USED S�YSMAU. AARREASG �CTMANCTON`) HAND TARP SXWLD ONLY BE CLEW OF MUD AND STANMG WATER. R) CCLE TMEUP PAVEMENT. R DOLE NOT AVE EXCESS FILL OR EXCAVATED MAMRA- VEMENT. EMOVE SAFETY SONS. REPLACEMENT OF EXISTING 61TUMINOU5 PAVEMENT EN NEW DRIVEWAY DRIVEWAY DETAIL 50' MIN PLAN NT5 WINTER GONSTRUGT I ON REQUIREMENTS I. ALL WORK SHALL DE IN ACCORDANCE WITH THE LOW R15K SITE HANDBOOK FOR EROSION PREVENTION AND SEDIMENT CONTROL PROVIDE MIRAFI SOD% 2. PROVIDE ENLARGED AGGE55 POINTS, 5TADIOZED TO PROVIDE FOR SNOW 5-STOCKPILING. ED TRIG GROUND FABRIC UNDER STONE OR SUBGRADE PROFILE 3. A MINIMUM 25 FT DUFFER 5HALL DE MAINTAINED FROM PERIMETER CONTROLS SUCH AS SILT FENCE. 4. DRAINAGE STRUCTUKE5 W5T DE KEPT OPEN AND FREE OF SNOW AND ICE DAMS. NOTES 5. 51 LT FENCE AND OTHER PRACTICE5 REQUIRING EARTH D15TURDANCE MUST DE INSTALLED t ME ENTRANCE sHALL E MANTAxED IN A CONDrnW NHTMSM ^T PREVENT AACRN0 O FOMENT WM PUBUC PIGHTS-O -WAY. REWIRE AHEAD OF FROM GROUND. PERIODIC TOP DRESSING MM AD STMAL STONE AS CONDITONS DEMAND AND 6. MULCH USED FOR TEMPORARY 5TADILIZATION MUST DE APPLIED AT DOUBLE THE STANDARD RATE. EPAR AND/OR CLEANWT OF MY MEASURES USED TO TRAP SEDIMENT. ALL SEGMENT TRACKED. WIUED, OR WASHED ONTO PUBLIC RIGHTS-OF-WAY OK A MINIMUM OF 3 INCHES WITH AN 80-102 COVER. %TALL BE REMOVED IMMEDIATELY BY ME CONTRACTOR. 7. TO ENSURE COVER OF P15TUKDEP SOIL IN ADVANCE OF A MELT EVENT, AREAS OF DISTURBED 501L CALCIUM M SENECCESSARY TO CONTROL MUST DE STADILIZED AT THE ETD OF EACH WORK DAY, WITH THE FOLLOWING EXCEPTIONS- 2 THE USE OF CHIN- WATER MAY DUST DURING DRY PERIODS. - IF NO PRECIPITATION WITHIN 24 HOUK5 15 FORECAST AND WORK WILL RESUME IN THE SAME DISTURBED AREA WITHIN 24 HOUR5, DAILY 5TADILIZATION 15 NOT NECESSARY. 3. PROVIDE APPROPRIATE TRANSTW BETWEEN CONSTRU-ON ENTRANCE MD THE EXISTING ROADWAY - DISTURBED AREAS THAT COLLECT AND RETAIN RUNOFF, SUCH AS HOUSE FOUNDATIONS OR OPEN UTILITY TKENCHE5. STA6ILIZED GONSTRUGTION ENTRANCE 6. PRIOR TO 5TADILIZATION, SNOW OR ICE MUST BE REMOVED TO LESS THAN 1 INCH TIHICKNE55. 9. USE STONE TO 5TADILIZE AREA5 SUCH AS THE PERIMETER OF 15UILDING5 UNDER CONSTRUCTION NTS OR WHERE CONSTRUCTION VEHICLE TRAFFIC 15 ANTICIPATED. STONE PATHS 5HOLA-0 SE 10-20 FEET WIDE TO ACCOMMODATE VEHICULAR TRAFFIC. 10. IN AREAS OF DI5TURDANCE THAT DRAIN TO A WATER BODY WITHIN 100 FEET. TWO ROWS OF 5 HUT FENCE MU5T DE INSTALLED ALONG THE CONTOUR. I ME CONTRACTOR SHALL NOTIFY "DICSAFE" AT 1-888-DIG-SAFE PRIOR TO ANY EXCAVATION. NT 5 EDGE OF EXISTING PAYED ROAD HIGHLAND TERRACE TO PAVING NEW DRIVE, LOGE OF EXISTING ROAD 12" AND APPLY EMULSIFIED ASPHALT TO NEW EDGE -ALL ROAD MARKINGS SHALL BE TAPE OR THERMOPLASTIC INTEK5EGTION DETAIL NT5 Q � K HATCH ELSE - " THICK TYPE IN SWaA IE DWRE BIT. CONE. MATCH EXISTING PAVEMENT A SI :4 Q 15' CRUSHED RUN GRAVEL BASE (AS PER YT. STATE SPEC. 704.05) CE SWALE DRIVEWAY5EGTION S ,``` SOR C { EF Y('` OBCA Nf DESIGN OBCA OTa NN PFH FCER CHECKED %� 77 owe ALAI/IIIRA\ N T.S. 1. CONTRACTOR ENALL CONTACT ALL UTUTIS BEFORE EXCAVATIW TO VERIFY THE LOCATION OF ANY US ERGRWND USES ME CONTRACTOR SHALL NOTHY'DOSANF AT 1-88S-GIG-SAFE PROR TO ANY EXCANATON. UTUTES INFORMATION SHOWII ON SHEET 1 MERE OBTAINED FROM THE BEBT AVAILABLE ILAB E SEARGE AND MAY M MAY NOT BE EITHER ACOURAM OR COMPLETE. TIE ON CTRACTOR SHALL BEON RESPONSIBLE FOR ANY DAMAGE TO ANY UTUTY. PUBLIC O PRNAE, SXOMN OR NOT SHOWN HEREON. 2 ME HORIZONTAL AND VERTICAL SEPARATION FON SENER AND WATER LINES SHALL BE INSTATED IN ACCORDANCE NAM THE LATEST EDITON OF THE "TEN STATE STANOMUS - RECOMMENDED STANDARDS FON WATER WO V. 3. ME WATER MNNS SHALL E CONSTRUCTED, TESTED, AND DISXNRCIEO IN ACCORDANCE WITH AWWA STANDAR C-8D0 AND C-851 WITH THE EXCEPTON OF THE TABLET METHOD O DISNFECTON. THE CONTRACTOR MALL FURNISH ALL GAUGES TESTING ALUM CMS, AND ALL OTHER NECESSARY EQUIPMENT AND LABOR TO PERFORM LEAKAGE, PRESSURE AND DISINFECTION TESTS IN ECTONS OF AN APPROVED LENGTH. EACH VALVED ECTION CA A MAXIMUM OF ONE THOUSAND FEET ALLNO OF TME PIPE SHALL BE TESTED. LL WATER REWIRED FOR TESTING SHALL BE POTABLE. 1ESTING SHALL BE CONDUCTED N THE PRESENCE O ME EXONEER. FOR ME PRESSURE TEST, THE CONTRACTOR SHAH EWLOP AMC MAINTAIN 200 PWN05 PER SWAE INCH FOR TWO HOURS. FALURE TO HOD THE ESp1ATED PRESSURE FOR THE MO -HOUR CON TTUTES A FAIWRE OF THE SECTION TESTED. ME LEAKAGE TEST SHALL BE EO CONCURRENTLY WITH THE PRESSURE TEST. WRING ME TEST, ME CONTRACTON SHALL MEASUOWRE ME WAR TY OFWATER REGARRED TO MANTAN S ME TEST PRSUM LEAKAGE GHAAL HOT EXCEED ME QUANTITY OVER BY: L . 2 X SO (SQUARE ROOT E P) / 1440E LEANAGE IN GALLONS/HWR S - LENGM OFRPFIIRE TESTED P - DIAMETER OF PPE IN INCHES -AGE TEST PRESSURE IN PS ALL TESTING SHALL BE CONDUCTED IN ACCORDANCE WITH AWWA CBO) LATEST RE-M. SHOULD ANY SECTION OF ME PPE FAIL DTHER ME PRESSURE OR LEAKAGE TESTS, ME CONTRACTOR SHALL DO EVERYTHING NECESSARY TO LWATE AND REPAIR OR REPLACE THE DEFECTIVE PIPE. R NGS OR .DINTS AT NO EXPENSE TO THE OVMER, If, FM ANY REASON, THE ENCNEEH SHOULD ALTER ME FOREO]INS PROCEDURES, THE CONTRACTOR SHALL MINAN RESPONSIBLE FOR THE TNHTMESS O ME USE WM ME ABOVE RECURMSENTS ME METHOD OF OSNFECTON SHALL E BY THE CONTINUOUS RED METHOD LARGESS OTHER SEE APPROVED BY THE ENGINEER AFTER FIWNG RUSHING, AND THE INITIAL ADDITION 20 O N A THE ONLORIHATED WATER SHALL EME FREE CHUNINE ONGENTRATION SITHIN THE MAIN FOR AE PP00 OF T EATSLEAST HOURS AT THE END OF THIS PEXOD. THE TREATED WATER IN ALL PWTONS OFTHE MAIN SHALL HAVE A RESIDUAL O NOT LESS MAN 10 MCA FREE CH ME. ALL DISINRCTON SHALL BE PERFORMED UNDER ME SUPER SIN OF THE ENGINEER THE X-FECTON PROCESS SHALL BEDEEMED ACCEPTABLE ONLY AFTW SAMPLES OF WATER FROM ME RUSHED, DISINFECTED E X TAKEN BY ME ENGINEER AND TESTED AT AN APPROVED LABORATORY SHOW NO EMDENCE O BACIER-AL CONTAMINAT A. DISNFECTRIN SHALL CONFORM TO THE LATEST AWWA C851 R-M. ME NPEUNE AND APPURTENANCES SH 9XE CON MAINTAINED IN AN UNTAMINATED CONDITION UNTIL FINAL ACCEPTANCE. FECTION STALL BE REPEATED WHEN AND WHERE REWIRED AT NO EXPENSE TO THE DWIER UNTIL FINAL ACCEPTANCE BY ME DINNER 4. ALL NEW WATER MAN PIPE SHALL BE OF THE SIZE AND TYPE SHOWN ON ME PLANS T. TONE "N- COPPER. SHALL E IN ACCORDANCE WTH AWWA C-151. C-104, AND t AL L WA HER RAIN THRUST BLOONS STALL BE LONSTRUCim OFJ,500 PS CONETE CR 6. ME WATER MAINS SHALL HAVE A MINIMUM DEPTH O COVER O W. 7. MY SURFACES, LINE, OR STRUCTURES MICH HAVE BEEN DAMAGED BY THE CONTRACTOR'S OPERATIONS SHALL BE RESTORED M A CONDITION AT LEAST EQUAL TO MAT IN WHICH THEY NEE FOUND IMMEDIATELY PRIM TO THE BEGINNING O CONSIRUCYN. S THE CONTRACTOR SHALL COORDINATE ME LOCATION AND INSTALLATION O ME INOIWOUAL LOT WATER USE SERVICES ARM ME OMER AT ME TIME O CONSTRUCTON. 9. NO WATER UNES SHALL BE INSTALLED AFTER NOVEMBER 15 OR SETORE AIPRIL I WTHOUT PRIOR APPROVAL O THE SUPERHMNEST. THE APPROPRIATE CNO SUPERNSOR MAY RESTRICT WORK BEFOR NOWHBER 15 AND AFTER APRIL t DURING ADVERSE WEATERH CONDMM& EXCAVATED AATERIALL iXOPWNLY COMPACTED LIFTS E SOS O TRENCHES FT. OR MORE IN DEPTH 9AN 1iEiED BY ERSONNEL - BE SNRIED OR ROPED TO ME ANCLE O REPOSE PROCK FRE CAKFL. Y�EDD 1.V LIFTS (NO SCENES Lµ,THAN 11/2' TER) UNDISTURBED SOIL --- WATER TRENCH NI S MAC£ LL54 MM 6 a PIP �S OUTSIDE aOWH DAIETER OF PE) ME CONTRACTOR SHALL AT ALL TIMES KEEP ME TRFNCHEB ENTRELI FRE O WATER UNTIL ALL WOE IS FINISHED AND READY FOR BACNTU LNG NAIi F nUµL I 1 I III it I I a wu"ia� I I I II _ I I �FMIm r�At �_ Ax0 dEANIx9 MLMNANOxETUHR ANoBeu rtR ZM6TI TOP VEIN SECE[ON JOINT 11 IN ow T21 AGGED �awsTHHAAUiL BE �AREONEPwCeo SILT FENCE DETAIL NT5 E3 RECORD DRAMAS ED I•R6ARNMY E FTNA C3 SFETW/LWEEPr OTLEARY-BURKE CIVIL ASSOCIATES, PLC f9 LORNR4IEDRVE E59EfJGT.K RRYWE. BFBxM90 HERGENROTHER PARCEL 14M HINESDURG RD, SOUTH SURLINGTON, VT DETAIL5 + 5PEG I F I GAT I ON5 3 O'Leary -Burke Civil Associates, PLC I , CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING CONSTRUCTION SERVICES LAND USE PLANNING July 8, 2016 Mr. Ray BeLair Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 RE: Hergenrother-3 Lot Subdivision 1410 Hinesburg Road Dear Ray: We are writing on behalf of Hergenrother Construction, LLC (c/o Tom Hergenrother, Sr.) to request Development Review Board Scheduling for review of the attached Sketch Plan proposal for the 3-Lot Subdivision at 1410 Hinesburg Road. The attached Sketch Plan proposal is to subdivide the existing 1.55± acre lot into (3) single family home lots, one (1) of which retains the existing residence. The parcel is Zoned Southeast Quadrant — Neighborhood Residential (SEQ-NR). The applicant is proposing to use two (2) Transfer of Development Rights (TDR's) to allow for a total of three (3) lots. A waiver for the Lot 1 Depth to Width ratio is being requested (2:1 Min.; 1.6:1 proposed). The project will be served by the following: • (2) Individual driveways off Highland Terrace for the proposed homes; • Existing driveway off Hinesburg Road to existing home to remain; • Municipal Water (proposed service connections & existing to remain); • Municipal Sewer; • On -Site Stormwater Detention & Treatment; Please find the following information for Staff and Development Review Board review and approval: 1. Application for Sketch Plan Review; 2. $513 Application Fee (($363 Base fee) + (2 @ $37.50/unit) + (1 @ $75/unit) = $513); 3. Five (5) full size and one (1) reduced, 11" x 17" & digital copies of Sheet 1, Sketch Plan; 4. Abutters List. Please call if you have any questions. Sincerely, Peter F. Heil, PE, CPESC Enc. cc: Tom Hergenrother, Sr. 13 CORPORATE DRIVE ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 1 FAX 802 878 9989 1 obca@olearyburke.com 2016-41— Hergenrother - 1410 Hinesburg Road Abutters List 7/5/16 Parcel I D#: 0860-01408 Mary 10 Capotrio 1408 Hinesburg Road South Burlington, VT 05403 Parcel I D#: 0575-00003 Raymond & Carol Bourbeay 3 Dubois Drive South Burlington, VT 05403 Parcel I D#: 0575-00005 John & Maria Bialas 5 Dubois Drive South Burlington, VT 05403 Parcel I D#: 0850-00070 Diane Wessel Trust 70 Highland Terrace South Burlington, VT 05403 Parcel I D#: 0860-01416 Roger & Linda Farley 1416 Hinesburg Road South Burlington, VT 05403 Parcel I D#: 0860-01275 City of South Burlington 575 Dorset Street South Burlington, VT 05403 PLANNING & ZONING Permit Number SD- - (office use only) APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW SOUTHEAST QUADRANT 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(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) Hergenrother Construction, LLC (c/o Thomas Hergenrother, Sr.) 97 Blakely Road, Colchester, VT 05446 2) LOCATION OF LAST RECORDED DEED(S) (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax # Same as Landowner 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) 5) CONTACT PERSON (Name, mailing address, phone and fax #) David Burke O'Leary -Burke Civil Associates, PLC, 13 Corporate Dr., Essex Jct., VT 05452 5a) CONTACT EMAIL ADDRESS dwburke(ci_)olearyburke.com 6) PROJECT STREET ADDRESS: 1410 Hinesburg Road 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 0860-01410 8) PROJECT DESCRIPTION a) General project description (explain what you want approval for): Subdivide existing single family home lot into (3) lots (existing home to remain and (2) proposed single family home lots) with associated infrastructure 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com b) Existing Uses on Property (including description and size of each separate use) Single Family Home c) Proposed Uses on property (include description and size of each new use and existing uses to remain) (3) Single Family Home Lots (refer to Sketch Plan for additional information) d) Total building square footage on property (proposed buildings and existing buildings to remain) 3,115 SF proposed / 1,732 SF existing e) Proposed height of building (if applicable) < 45 FT fl Total parcel size(s) Lot 1: 0.87 acres / Lot 2: 0.34 acres / Lot 3: 0.33 acres g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 9) 9a: SEQ SUBDISTRICT (identify in each) Acreage NRP NRT NR 1.55 VR VC Units Existing Units proposed 2 9b: Are Transfer of Development Rights (TDRs) being utilized? Yes If yes, please identi how many and from which parcel (street address) Two: 70 HicihlanVerrace 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) None known at this time 11) LOT COVERAGE a) Building: Existing 2.6 % b) Overall (building, parking, outside storage, etc) Existing 6.3 % c) Front yard (along each street) Existing 3.2 % Proposed 7.3 % Proposed 15.8 % Proposed 16.3 % Southeast Quadrant Sketch Plan Application Form. Rev. 12-2011 12) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) N/A; driveways, sewer & water services (private) 13) ESTIMATED PROJECT COMPLETION DATE 2017 14) PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. The application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. 4� b NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the informatio -re uested a pa his application has been submitted and is accurate to the best of my knowledgk. ���j� 7 E OALICANT SIGNAiTURE OF PROPERTY OWNER Do not write bel w this line DATE OF SUBMISSION: 7 I have reviewe is sketch plan application and find it to be: Comp The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Southeast Quadrant Sketch Plan Application Form. Rev. 12-2011 CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 20th day of July 20 16 , a copy of the foregoing public notice for Sketch Plan [type of application] # SD-16-21 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) 'of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Mary Jo Capotrio 1408 Hinesburg Road, South Burlington, VT 05403 Raymond& Carol Bourbeay 3 Dubois Drive, South Burlington, VT 05403 John & Maria Bialas 5 Dubois Drive, South Burlington, VT 05403 Diane Wessel Trust 70 Highland Terrace, South Burlington, VT 05403 Roger & Linda Farley 1416 Hinesburg Road, South Burlington, VT 05403 Dated at Essex [town/city], Vermont, this 20th day of July , 2016 Printed Name: Peter F. Heil, PE, CPESC - O'Leary -Burke Phone number and email: 802-878-9990 / pheil@olearyburke.com Signature: Peter F. Heil, PE, CPESC - r M- Date: 71,)nli r, Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate ofService Form. Rev. 1-2012