HomeMy WebLinkAboutAgenda 07_SD-20-09_1650 Hinesburg Rd_Auclair_FP#SD‐20‐09
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HEATHER AUCLAIR – 1650 HINESBURG ROAD
FINAL PLAT APPLICATION #SD‐20‐09
FINDINGS OF FACT AND DECISION
Final plat application #SD‐19‐33 of Heather Auclair to subdivide an existing undeveloped 194 acre parcel
and an existing 0.37 acre parcel developed with a single family home into two parcels of 191 acres (Lot
1) and 3.43 acres (Lot 2) for the purpose of consolidating the existing septic and lawn area for the 0.37
acre parcel onto a single parcel (Lot 2), 1650 Hinesburg Rd.
The Development Review Board held a public hearing on March 17, 2020. The applicant was
represented by Bjorn Israel. Board member Jim Langan recused himself from the hearing and did not
participate in the decision.
Based on the plans and materials contained in the document file for this application, the Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. Heather Auclair, hereinafter referred to as the applicant, is seeking final plat approval to
subdivide an existing undeveloped 194 acre parcel and an existing 0.37 acre parcel developed
with a single family home into two parcels of 191 acres (Lot 1) and 3.43 acres (Lot 2), 1650
Hinesburg Rd.
2. The owners of record of the subject properties are Heather Auclair and Vermont Land Trust.
3. The subject property is located in the Southeast Quadrant – Natural Resource Protection (SEQ‐
NRP) zoning district.
4. The application was received on February 20, 2020.
5. The plan set submitted consists of a three (3) page plan set. Page one is entitled “Boundary Line
Adjustment Plat Heather Auclair & Vermont Land Trust, Inc.,” prepared by Trudell Consulting
Engineers, dated 3/28/2018 and last revised 1/17/2020.
6. The subdivision includes a proposed reconfiguration of the two parcels in order to consolidating
the existing septic and lawn area for the 0.37 acre parcel onto a single parcel (Lot 2), 1650
Hinesburg Rd.
7. The Board reviewed the sketch plan application for the subdivision on December 3, 2020. At that
time, the Board asked the Applicant provide a draft conservation easement for the resulting 191
acre parcel. The applicant has done so.
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A) DIMENSIONAL REQUIREMENTS
SEQ‐NRP Required Proposed
Lot 1
Proposed
Lot 2
Min. Lot Size 12,000 sf 8,319,960 149,411
Max. Building Coverage 15% 0% 2.0%
Max. Overall Coverage 30% 0% 3.2%
Min. Front Setback 20 ft. N/A Appx. 50 ft.
Min. Side Setback1 10 ft. N/A Appx. 45 ft.
Min. Rear Setback1 30 ft. N/A Appx. 170 ft.
Building Height (pitched
roof)
28 ft. N/A No change
Proposed to be in compliance
1. Estimated by staff
B) ZONING DISTRICT STANDARDS
9.12 SEQ‐NRP SUPPLEMENTAL REGULATIONS
C. A single tax parcel existing as of the effective date of these regulations which exceeds one hundred
(100) acres and is located entirely within the NRP sub‐district, as shown on the South Burlington Tax
Maps last revised 6/05 (June 2005), whether such lands are contiguous or not, may be subdivided
at an average overall density for the entire tax parcel of one (1) single‐family dwelling per ten (10)
acres. Any new lots so created shall have a minimum size of 12,000 square feet per dwelling unit.
Such lots shall be clustered in a manner that maximizes the resource values of the property and shall
have no portion within a designated primary natural community or its related buffer. All dwelling
units shall be detached single family houses. Such subdivision plan shall be subject to the
Development Review Board’s approval of a conservation plan in a form acceptable to the City
Attorney that permanently encumbers the land against further land subdivision and development.
The applicant has provided an unexecuted conservation plan for the resulting 191‐acre Lot 1. The
Board finds the applicant must record the conservation easement simultaneously with the approved
plan.
The Board finds this subdivision and conservation easement, combined with 9.12B and 9.12C,
permanently encumber both involved parcels against further land subdivision and development
except as described in the conservation easement.
9.06 SOUTHEAST QUADRANT DIMENSIONAL AND DESIGN REQUIREMENTS APPLICABLE TO ALL SUB‐
DISTRICTS.
The standards of this section apply to development and improvements within the entire SEQ.
SEQ general standards pertain to Open Space and Resource protection, Agriculture, Public Services and
Facilities, and Circulation. For Lot 1, the Board finds these criteria met. For Lot 2, no development or
improvements are proposed, therefore the Board finds these criteria to be not applicable.
9.07 SOUTHEAST QUADRANT REGULATING PLANS
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The Regulating Plan contains basic land planning and neighborhood design criteria that are intended
to foster attractive and walkable neighborhood development patterns.
No development is proposed, therefore the Board finds these criteria to be not applicable.
C) SUBDIVISION STANDARDS
(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project in conformance with applicable State and City requirements, as evidenced by a
City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater
Permit from the Department of Environmental Conservation.
No changes to the use of the site are proposed. The Board finds this criterion met.
(2) Sufficient grading and erosion controls will be utilized during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous
conditions on the subject property and adjacent properties. In making this finding, the DRB
may rely on evidence that the project will be covered under the General Permit for
Construction issued by the Vermont Department of Environmental Conservation.
No construction is proposed. The Board finds this criterion met.
(3) The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely
on the findings of a traffic study submitted by the applicant, and the findings of any
technical review by City staff or consultants.
No construction is proposed. The Board finds this criterion met.
(4) The project’s design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features
on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these
Regulations related to wetlands and stream buffers, and may seek comment from the
Natural Resources Committee with respect to the project’s impact on natural resources.
The applicant’s engineer provided an affirmative statement at sketch that there are no wetlands on
Lot 2. Wetland areas on Lot 1 are shown on the provided exhibi t entitled “Vermont Land Trust Auclair
Estate Farm December 2019,” and are not bisected by the proposed subdivision boundaries. The
Board finds this criterion met.
(5) The project is designed to be visually compatible with the planned development patterns in
the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in
which it is located.
No construction is proposed. The provided conservation easement is consistent with the purpose of
the SEQ, which states in part that the SEQ is formed in order to encourage open space preservation,
scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and
well‐planned residential use The Board finds this criterion met.
(6) Open space areas on the site have been located in such a way as to maximize opportunities
for creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
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The conservation easement encumbers both involved parcels against further land subdivision and
development except for specific uses identified in the conservation easement. The Board finds this
criterion met.
(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to
insure that adequate fire protection can be provided, with the standards for approval
including, but not be limited to, minimum distance between structures, street width,
vehicular access from two directions where possible, looping of water lines, water flow and
pressure, and number and location of hydrants. All aspects of fire protection systems shall
be designed and installed in accordance with applicable codes in all areas served by
municipal water. This standard shall not apply to Transect Zone subdivisions.
No construction is proposed. The Board finds this criterion met.
(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent properties. For Transect Zone subdivisions, this
standard shall only apply to the location and type of roads, recreation paths, and sidewalks.
No site changes are proposed as part of this application. The Board finds this criterion met.
(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council. For Transect Zone subdivisions, this standard shall only apply to the location and
type of roads, recreation paths, and sidewalks.
No site changes are proposed as part of this application. The Board finds this criterion met.
(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The objectives for the SEQ identified in the comprehensive plan are as follows.
Objective 60. Give priority to the conservation of contiguous and interconnected open space areas
within this quadrant outside of those areas [districts, zones] specifically designated for development.
Objective 61. Maintain opportunities for traditional and emerging forms of agriculture that
complement and help sustain a growing city, and maintain the productivity of South Burlington’s
remaining agricultural lands.
Objective 62. Enhance Dorset Street as the SEQ’s “main street” with traffic calming techniques,
streetscape improvements, safe interconnected pedestrian pathways and crossings, and a roadway
profile suited to its intended local traffic function.
The Board finds the proposed subdivision and conservation easement supports the objectives
identified in the Comprehensive Plan.
(11) The project’s design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less
runoff from developed land and to infiltrate rainfall into underlying soils and groundwater
as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard
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shall apply only to the location of natural resources identified in Article XII of these
Regulations.
No site changes are proposed as part of this application. The Board finds this criterion met.
DECISION
Motion by ___, seconded by ___, to approve final plat application #SD‐20‐09 of Heather Auclair, subject
to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This project must be completed as shown on the plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
3. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including
property lines, easements, and rights of way, either georeferenced or shown in relation to four
easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the
Administrative Officer before recording the final plat plan.
4. Any changes to the final plat plan will require approval of the South Burlington Development Review
Board.
5. The final plat plan (“Boundary Line Adjustment Plat”) must be recorded in the land records within
180 days or this approval is null and void. The plat plan must be signed by the Board Chair or Clerk
prior to recording.
6. Finalization of the conservation easement document, including recording thereof, must occur no later
than concurrently with recording the mylar for this subdivision.
7. No further land subdivision or development of the subject properties shall occur, except as noted in
the conservation easement, unless changes to the regulations are made which allow otherwise in
the future.
Mark Behr Yea Nay Abstain Not Present
Matt Cota Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Elissa Portman Yea Nay Abstain Not Present
Brian Sullivan Yea Nay Abstain Not Present
John Wilking Yea Nay Abstain Not Present
Motion carried by a vote of _ – _ – _
Signed this ___ day of March, 2020 by
_____________________________________
Matt Cota, Chair
PLEASE NOTE: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail with the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to
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the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South
Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802‐
951‐1740 or https://www.vermontjudiciary.org/environmental
for more information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits
for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
478 Blair Park Road Williston, VT 05495 802 879 633 1
www.tcevt.com
42 Mapleville Depot Road
St. Albans, VT 054 78 802 528 5116
Civil Eng i neeri ng Environmental Services Land Surveying Landscape Architecture
January 28, 2020
Marla Keene, P.E.
Development Review Planner
Department of Planning & Zoning
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
RE: 18-001 Heather Auclair & Vermont Land Trust – Subdivision Final Plat Application
1650 Hinesburg Road (Route 116), South Burlington, VT
Dear Ms. Keene,
Trudell Consulting Engineers (TCE) is submitting this application behalf of the owner and
applicant, Heather Auclair, for a two lot subdivision which proposes to alter the
boundary line between two parcels located off Hinesburg Road in South Burlington. The
project proposes to transfer 3.06 ac from the existing 194 ac Vermont Land Trust parcel
formerly owned by the Ernest N. Auclair Family Trust to the existing 0.37 ac parcel
owned by Heather Auclair. This transfer will result in a 3.43 ac parcel (0860-01650)
owned by Heather Auclair and a 191 ac parcel (0860-01800) owned by the Vermont
Land Trust, Inc. The proposed 191 ac Vermont Land Trust is within a conservation
easement, see attached information from Vermont Land Trust for more details.
As noted in the Sketch Subdivision review, this project does not propose any new
development, ground disturbance or site changes, and simply proposes the transfer of
3.06 ac of land from one property to another. As previously state, this subdivision is
proposed to eliminate existing easements between the properties by expanding the
residential property boundary to contain the lawn and septic area which serves the
home. Should you have additional questions or concerns, please do not hesitate to
contact me directly.
Sincerely,
Jennifer Desautels, P.E.
Senior Project Manager
Trudell Consulting Engineers
478 Blair Park Road
Williston, VT 05495
GRANT OF DEVELOPMENT RIGHTS, CONSERVATION RESTRICTIONS, PUBLIC ACCESS
EASEMENT, and OPTION TO PURCHASE AT AGRIUCLTURAL VALUE
KNOW ALL PERSONS BY THESE PRESENTS that VERMONT LAND TRUST, INC., a non-
profit corporation organized under the laws of the State of Vermont, with its principal offices in
Montpelier, Vermont, on behalf of itself and its successors, and assigns (hereinafter “Grantor”),
pursuant to Title 10 V.S.A. Chapters 34 and 155 and in consideration of the payment of Ten Dollars
and other valuable consideration paid to its full satisfaction, does freely give, grant, sell, convey,
and confirm unto the VERMONT LAND TRUST, INC., a non-profit corporation organized under the
laws of the State of Vermont, with its principal offices in Montpelier, Vermont, and qualified under
Sections 501(c)(3) and 170(h) of the Internal Revenue Code (“VLT”), and the VERMONT HOUSING
AND CONSERVATION BOARD, a public instrumentality of the State of Vermont with its offices in
Montpelier, Vermont (“VHCB”), and their respective successors and assigns (hereinafter collectively
“Grantees”) as tenants in common, forever, the development rights, public access easement, option
to purchase at agricultural value as set forth in Section IX herein, and a perpetual conservation
easement and restrictions (all as more particularly set forth below) in certain lands consisting of 191
acres, more or less, with the buildings and improvements situated thereon (hereinafter “Protected
Property”) located in the City of South Burlington, Chittenden County, State of Vermont, said
Protected Property being more particularly described in Schedule A attached hereto and
incorporated herein.
The development rights hereby conveyed to Grantees shall include all development rights
except those specifically reserved by Grantor herein and those reasonably required to carry out the
permitted uses of the Protected Property as herein described. The development rights and option
hereby conveyed are rights and interests in real property pursuant to Title 10 V.S.A. §§ 823 and
6303. The conservation restrictions hereby conveyed to Grantees consist of covenants on the part
of Grantor to do or refrain from doing, severally and collectively, the various acts set forth below, to
the extent those acts relate to Grantor and not exclusively to Grantees. Grantor and Grantees
acknowledge that the conservation restrictions constitute a servitude upon the land and run with
the land.
Reserved from this Grant and retained by the Grantor for itself and its successors and
assigns is the right to sell and convey transferable development rights (“TDRs”) associated with the
Protected Property as established under the South Burlington Land Development Regulations
pursuant to 24 V.S.A. §4423. Grantor and Grantees expressly acknowledge and agree that the
Grantor and its successors and assigns shall have the continuing right to sell and convey TDRs to
the owners of so-called receiving properties in accordance with the City of South Burlington
Development Regulations without payment of any portion of sale proceeds to Grantees, and to
execute and deliver deeds and other instruments of conveyance associated with such sale and
conveyance without notice to Grantees.
I. Purposes of the Grant.
Grantor and Grantees acknowledge that the Purposes of this Grant are as follows:
1. Consistent with the goals set forth in 10 V.S.A. §§ 821 and 6301, the primary
purpose of this Grant is to conserve productive agricultural and forestry lands and soil resources in
order to facilitate active and economically viable farm use of the Protected Property now and in the
future, and to contribute to the implementation of the policies of the State of Vermont designed to
foster the conservation of the State's agricultural, forest, and other natural resources through
planning, regulation, land acquisition, and tax incentive programs.
2. As a secondary objective, to conserve scenic and natural resources associated with
the Protected Property, to improve the quality of life for Vermonters, and to maintain for the benefit
of future generations the essential characteristics of the Vermont countryside.
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3. These purposes will be advanced by conserving the Protected Property because it
possesses the following attributes:
a) 1 acre of agricultural soils of prime significance;
b) 98 acres of agricultural soils of statewide significance;
b) 29 acres of managed forest;
c) 3,616 feet of frontage on Vermont Route 116, a public highway with scenic vistas;
d) wetlands, including areas of open and shrub riparian wetland;
e) streams, including the Muddy Brook and its tributaries, that, with wooded buffers and
natural flow, provide an array of ecological benefits including maintaining water quality
and providing corridors for species movement;
f) in the vicinity of 4 other properties previously protected by Grantees; and
g) additional wetland, upland, and riparian habitat for wildlife.
Grantor and Grantees recognize these agricultural, silvicultural, scenic, and natural
resource values of the Protected Property, and share the common purpose of conserving these
values by the conveyance of conservation restrictions, development rights, and option to purchase
to prevent the use, fragmentation, or development of the Protected Property for any purpose or in
any manner which would conflict with the maintenance of these agricultural, silvicultural, scenic,
and natural values. Grantees accept such conservation restrictions, development rights and option
to purchase in order to conserve these values for present and future generations and to ensure
resale of the Protected Property at its agricultural value. The purposes set forth above in this
Section I are hereinafter collectively referred to as the “Purposes of this Grant.”
II. Restricted Uses of Protected Property.
The restrictions hereby imposed upon the Protected Property, and the acts which Grantor
shall do or refrain from doing, are as follows:
1. No residential, commercial, industrial, or mining activities shall be permitted, and
no building, structure or appurtenant facility or improvement shall be constructed, created,
installed, erected, or moved onto the Protected Property, except as specifically permitted under this
Grant. The Protected Property shall be used for agricultural, forestry, educational, non-commercial
recreation, and open space purposes only.
2. Each time that the agricultural land on the Protected Property lies fallow for more
than two successive years (the “fallow land”), Grantor shall cooperate with Grantees, at Grantees’
request, to maintain the fallow land in an open condition (meaning without trees and brush) and in
active agricultural use. For example, Grantor shall permit access to the fallow land by Grantees
and Grantees' contractors to crop, mow, or brush-hog. No obligation is hereby imposed upon
Grantor or Grantees to maintain the fallow land in an open condition or in active agricultural use.
3. No rights-of-way, easements of ingress or egress, driveways, roads, utility lines,
other easements, or other use restrictions shall be constructed, developed, granted, or maintained
into, on, over, under, or across the Protected Property, without the prior written permission of
Grantees, except as otherwise specifically permitted under this Grant, and as appear of record prior
to the date of this Grant. Grantees may grant permission for any rights-of-way, easements of ingress
Auclair Estate Conservation Restrictions
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or egress, driveways, roads, utility lines, other easements, or other use restrictions, if they
determine, in their sole discretion, that any such rights-of-way, easements of ingress or egress,
driveways, roads, utility lines, other easements or other use restrictions are consistent with the
Purposes of this Grant.
4. There shall be no signs, billboards, or outdoor advertising of any kind erected or
displayed on the Protected Property. Grantor, however, may erect and maintain reasonable: (a)
signs indicating the name of the Protected Property, (b) boundary markers, (c) directional signs, (d)
signs regarding hunting, fishing, trapping, trespassing on the Protected Property or signs otherwise
regarding public access to the Protected Property, (e) memorial plaques, (f) temporary signs
indicating that the Protected Property is for sale or lease, (g) signs informing the public that any
agricultural or timber products are for sale or are being grown on the Protected Property, (h)
political or religious signs, or (i) signs informing the public of any rural enterprise approved
pursuant to Section III below. Grantees, with the permission of Grantor, may erect and maintain
signs designating the Protected Property as land under the protection of Grantees.
5. The placement, collection, or storage of trash, refuse, human waste, or any other
unsightly or offensive material on the Protected Property shall not be permitted except at such
locations, if any, and in such a manner as shall be approved in advance in writing by Grantees
which approval shall not be unreasonably withheld if such placement, collection or storage is
consistent with the Purposes of this Grant. The on-site storage and spreading of agricultural inputs
including, but not limited to, lime, fertilizer, pesticides, compost or manure for agricultural
practices and purposes, the storage of feed, and the temporary storage of trash generated on the
Protected Property in receptacles for periodic off-site disposal, shall be permitted without such prior
written approval.
6. There shall be no disturbance of the surface, including but not limited to filling,
excavation, removal of topsoil, sand, gravel, rocks or minerals, or change of the topography of the
land in any manner, except as may be reasonably necessary to carry out the uses permitted on the
Protected Property under this Grant. In no case shall surface mining of subsurface oil, gas, or other
minerals be permitted.
7. For purposes of this Grant, the Protected Property described in Schedule A hereto is
considered to be one (1) parcel of land. The Protected Property shall not be subdivided or
conveyed in separate parcels, nor shall ownership of the buildings on the Protected Property be
separated from the ownership of the Protected Property without the prior written approval of
Grantees, which approval may be granted, conditioned or denied in Grantees’ sole discretion
except as otherwise specifically permitted in this Grant.
8. No use shall be made of the Protected Property, and no activity thereon shall be
permitted which is or is likely to become inconsistent with the Purposes of this Grant. Grantor and
Grantees acknowledge that, in view of the perpetual nature of this Grant, they are unable to foresee
all potential future land uses, future technologies, and future evolution of the land and other natural
resources, and other future occurrences affecting the Purposes of this Grant. Grantees, therefore, in
their sole discretion, may determine whether (a) proposed uses or proposed improvements not
contemplated by or addressed in this Grant, or (b) alterations in existing uses or structures, are
consistent with the Purposes of this Grant.
Auclair Estate Conservation Restrictions
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III. Permitted Uses of the Protected Property.
Notwithstanding the foregoing, Grantor shall have the right to make the following uses of
the Protected Property:
1. The right to establish, re-establish, maintain, and use cultivated fields, orchards, and
pastures together with the right to construct, maintain, and repair fences and gravel or other
permeable surfaced access roads for these purposes, all in accordance with sound agricultural
practices and sound husbandry principles; provided, however, that Grantor shall obtain Grantees’
prior written approval to clearcut forest land to establish fields, orchards or pastures. Grantees’
approval shall not be unreasonably withheld if such clearcutting is consistent with the Purposes of
this Grant.
2. The right to conduct maple sugaring operations, and the right to harvest timber and
other wood products, together with the right to construct and maintain roads necessary for both
such activities, in accordance with sound forestry practices and in accordance with a forest
management plan for which Grantor has received the prior written approval of Grantees. Grantor
may conduct maple sugaring operations, and may harvest firewood for heating residences and
structures located on the Protected Property, both on existing woods roads only, without
submission and approval of a plan. Grantees' approval of forest management plans that may be
submitted from time to time shall not be unreasonably withheld or conditioned, if such plans have
been approved by a professional forester and if such plans are consistent with the Purposes of this
Grant.
3. The right to construct, maintain, repair, renovate, replace, enlarge, rebuild, and use
new and existing barns, sugar houses, or similar non-residential structures or facilities, together with
necessary access drives and utilities for agricultural and forestry uses, on the Protected Property;
provided, however, that (a) the structures are used exclusively for agricultural or forestry purposes,
and (b) any new construction, other than normal maintenance and repair, has been approved in
writing in advance by Grantees. Grantees' approval may include designation of a complex
surrounding the structures and shall not otherwise be unreasonably withheld or conditioned;
provided, however, that the structure or other improvement is located in a manner which is
consistent with the Purposes of this Grant. Grantor shall not deem unreasonable a condition by
Grantees that certain structures must be located within an existing complex or a complex which
may be designated in the future as provided in this Section III.
4. The right to use, maintain, establish, construct, and improve water sources, courses,
and bodies within the Protected Property for uses permitted in this Grant; provided, however, that
Grantor does not unnecessarily disturb the natural course of the surface water drainage and runoff
flowing over the Protected Property. Grantor may disturb the natural water flow over the Protected
Property in order to improve drainage of agricultural soils, reduce soil erosion or improve the
agricultural potential of areas used for agricultural purposes, but shall do so in a manner that has
minimum impact on the natural water flow and is otherwise consistent with the Purposes of this
Grant and complies with all applicable laws and regulations. The construction of ponds or
reservoirs shall be permitted only upon the prior written approval of Grantees, which approval shall
not be unreasonably withheld or conditioned; provided, however, that such pond or reservoir is
located in a manner which is consistent with the Purposes of this Grant.
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5. The right to clear, construct, and maintain trails for non-commercial walking,
horseback riding, skiing, and other non-commercial, non-motorized recreational activities within
and across the Protected Property, all in a manner consistent with the Purposes of this Grant. Non-
commercial snowmobiling may be permitted at the discretion of Grantor.
6. The right to construct, maintain, repair, renovate, replace, enlarge, rebuild, and use
new farm buildings for non-residential, agricultural uses and appurtenant structures and
improvements, including drives and utilities, normally associated with a dwelling or farm, all within
Complex A or Complex B without the prior written approval of Grantees. With the prior written
approval of Grantees, the right to construct, maintain, repair, replace, relocate, improve and use
systems for disposal of human waste and for supply of water for human consumption (collectively
“Systems”) on the Protected Property outside of Complex A or Complex B for the benefit of
buildings or structures permitted in the Complexes, provided that such Systems comply with
Vermont Department of Environmental Conservation Wastewater System and Potable Water Supply
Rules or the then applicable law or regulations governing Systems. Complex A and Complex B are
two areas consisting of approximately 5.0 acres, and 8.1 acres, respectively, and are more
particularly described in Schedule B attached hereto and incorporated herein, and are depicted on
the Auclair Estate Farm Plan described in Schedule A attached hereto and incorporated herein.
Grantor shall notify Grantees in writing prior to commencing construction on any new structure or
improvement within Complex A or Complex B.
7. For the purpose of providing housing exclusively for Grantor who is engaged in
farming operations on the Protected Property or for persons employed by the Grantor in farming
operations on the Protected Property, and for the employee’s family or household members, as a
nonmonetary benefit of farm employment, the right to construct, use, maintain, repair, renovate,
replace, enlarge and rebuild farm labor housing which may be within an existing building or a
new building (“the FLH”) together with appurtenant non-residential structures and improvements,
including drives, utilities, and water and wastewater systems normally associated with a residence;
provided, however, that prior to construction, renovation, replacement, enlargement or rebuilding
Grantor shall obtain Grantees’ written approval which, in Grantees’ sole discretion, may be
withheld or given subject to such conditions as the Grantees deem appropriate, if Grantor
demonstrates to Grantees’ satisfaction that the FLH or alteration thereto is:
a) necessary to the current and reasonably foreseeable farm business on the Protected
Property in order to facilitate the active and long-term economically viable
agricultural use of the Protected Property; and
b) located within an existing building complex or, if not, that there are specific reasons
why the proposed location is necessary to the current and reasonably foreseeable
farm business on the Protected Property and otherwise consistent with the Purposes
of the Grant; and
c) designed and sized to be no larger than is necessary to meet the needs of the
current and reasonably foreseeable farm business on the Protected Property and to
ensure that the Protected Property remains available for production agriculture,
affordable and owned by persons actively engaged in farming; and
d) otherwise consistent with the Purposes of the Grant.
The FLH shall not be conveyed separately from the Protected Property, but may be
subdivided with the prior written approval of Grantees if such subdivision is required by state or
local regulation.
Auclair Estate Conservation Restrictions
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If the FLH is not needed for farm labor housing in the future, temporary alternative uses of
the structure deemed by the Grantees in their sole discretion to be consistent with the Purposes of
this Grant may be permitted with the prior written approval of the Grantees.
8. The right to conduct rural enterprises consistent with the Purposes of this Grant,
especially the economically viable use of the Protected Property for agriculture, forestry and open
space and the conservation of agriculturally and silviculturally productive land. In connection with
such rural enterprises, the right to maintain, repair, enlarge, replace and use permitted structures
with associated utility services, drives and appurtenant improvements within Complex A or
Complex B or other designated complex permitted by this Section III. Grantees may approve a
new, non-residential, structure for an approved rural enterprise only if an existing structure is not
suitable and the new structure is:
a) located within Complex A, Complex B or other designated complex;
b) fewer than 1500 square feet as an exterior measure of the footprint and no more
than 25 feet from the lowest undisturbed ground level to the roof peak;
c) inclusive of all storage space so that no part of the business is conducted outside of
the structure;
d) of a nature, intensity, scope, size, appearance, type and quantity compatible with
the existing agricultural structures;
e) located in a way that minimizes negative impact on future operations and expansion
of agricultural uses, does not interfere with current agricultural operations and does
not displace farm or forestry storage, use or functions;
f) non-residential; and
g) not inconsistent with the Purposes of this Grant.
No use or structure contemplated under this Section III(8) shall be commenced, constructed
or located without first securing the prior written approval of Grantees, which approval Grantees may
deny or condition in their sole discretion. All structures and uses shall conform with all applicable
local, state and federal ordinances, statutes and regulations. Grantees' approval may be conditioned
upon, without limitation, receipt of copies of any necessary governmental permits and approvals that
Grantor obtains for such use or construction. Grantee VHCB shall not approve a new structure for a
non-agricultural approved rural enterprise unless the proposed structure meets factors (a) through
(g), above. However, VHCB may waive factors (b), (c) or (d) if the Grantees determine that the
unique circumstances of the situation warrant waiver and approval.
9. The right to construct, use, maintain, repair and replace one (1) fully enclosed camp
being no more than fifteen (15) feet high as measured from the average undisturbed ground level to
the roof peak and having a footprint of no more than 800 square feet including decks and porches,
provided, however, that any such camp shall be used exclusively for non-commercial, periodic
camping, hunting and recreational purposes, and not for permanent occupancy, and shall not have
commercial utility services or an access road improved beyond what is minimally required to afford
reasonable vehicular access. Alternatively, Grantee may approve a camp having different
dimensions; provided, however that such camp shall have an aggregate total exterior wall surface
area from undisturbed ground level to stud wall height, excluding gables and roof, of no more than
800 square feet. Grantors shall notify Grantee in writing prior to commencing construction on the
camp, relocating it or enlarging it so that Grantee may review and approve the proposed location,
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dimensions and access of the camp which approval shall not be unreasonably withheld or
conditioned, provided that the dimensions and access of the camp are in compliance with this
section and are located in a manner consistent with the Purposes of this Grant.
10. The right to construct, repair, maintain, and use a minimal number of minor
structures (for example: deer stands, gazebos, hunting blinds, lean-tos, Adirondack shelters, tent
platforms, tree houses, children’s play houses, privies, kiosks, outdoor fireplaces) on the Protected
Property provided that such structures shall not have any access roads or drives, utility services or
facilities, waste disposal systems, or plumbing, and shall not be used for year-round, continuous
residential occupancy or for any commercial activity of any nature (except as Grantee may permit
in its sole discretion pursuant to the rural enterprises clause in Section III) and shall not exceed 300
square feet of floor space and fifteen feet in height. Grantors shall secure the written approval of
Grantee prior to the construction of any such minor structure, which approval shall not be
unreasonably withheld or conditioned, provided that the structure complies with the requirements
of this Section III(10) and the number and location of such structures are consistent with the
Purposes of this Grant.
11. The right to construct, or to permit another person to construct, one (1) residential
dwelling, together with customary appurtenant utilities and improvements associated with a
dwelling, including a wastewater disposal system and potable water supply, in a portion of
Complex B which has yet to be identified but which shall be delineated by Grantors prior to the
commencement of any construction, consisting of an area not to exceed two (2) acres (the “Future
House Site”). The dwelling and appurtenant utilities and improvements, or the right to construct
same, may be conveyed separately from the Protected Property with the benefit of a permanent
easement or other interest in land approved by the Grantees, over and under the Future House Site
to allow the construction, use, maintenance, repair and replacement of the dwelling and
appurtenant utilities and improvements. The Future House Site shall remain a portion of the
Protected Property subject to this Grant. Any mortgage securing a loan for the purchase of an
interest in the Future House Site and structures thereon shall be subject and subordinate to this
Grant. Also, the right to convey an easement for ingress and egress between Vermont Route 116
and the Future House Site in the location depicted as “ROW” on the Auclair Estate Farm Plan. The
dwelling, appurtenant utilities and improvements, or the right to construct same, and the easement
or other interest and easement for ingress and egress shall be freely alienable; provided, however,
that before the first conveyance the Grantors shall obtain the written approval of the Grantees
which approval shall be given if, in Grantees’ sole discretion, they determine that: (1) the
instrument and manner of conveyance and the description of the Future House Site and easements
therein is consistent with the provisions of this Section III(11) and states that the use and
development of the Future House Site shall remain subject to this Section III(11); and (2) it provides
the Grantors and their heirs, successors and assigns in ownership of the Protected Property with a
perpetual right of first refusal to acquire the dwelling together with the appurtenant utilities and
improvements. Grantors shall notify Grantees prior to commencing construction on any new
residential structure or appurtenant utilities and improvements. Any use of the Protected Property
outside of the Future House Site by the owner of the dwelling in the Future House Site shall be
subject to obtaining the prior written approval of the Grantees under Section II(3) of this Grant.
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IV. Wetland Protection Zone
The Protected Property includes certain lands containing and buffering wetlands hereby
made subject to special protections to protect the water quality and the ecological processes
associated with such wetlands. Such wetlands are herein designated as the “Wetland Protection
Zone” or “WPZ”. The WPZ is more particularly described as four areas of open, shrub, and forested
riparian wetland associated with Muddy Brook and its tributaries, and is generally depicted as
“WPZ” on the Auclair Estate Farm Plan. The boundaries of the WPZ may be changed from time to
time by mutual agreement of Grantor and Grantee/s, as established by and depicted on a new Farm
Plan signed by Grantor and Grantee/s and maintained on file with Grantee VLT.
Within the WPZ, the goals, prescriptions, and restrictions of this Section IV are in addition
to the provisions of Sections II and III of this Grant, and where inconsistent, the provisions of this
Section IV shall control.
Within the WPZ the following shall apply:
1. Protection or restoration of the ecological functions of the wetland natural
communities, as well as the natural communities that naturally develop in the future in the WPZ,
and the ecological processes that sustain them, shall be Grantor’s and Grantees’ highest priority.
2. All management activities, including without limitation forest management and
ecological management, shall focus on the goals of a) maintaining or restoring soil integrity, natural
hydrology, and water quality, and b) maintaining the natural structure and species composition of
the natural communities present or communities that may develop naturally over time, informed by
the best current ecological science.
3. There shall be no agricultural activities (including without limitation the grazing or
pasturing of animals), except as may be approved by Grantees in their sole discretion.
4. All forest management activities shall be conducted pursuant to a forest management
plan that is consistent with the Purposes of this Grant and this Section IV. Without limiting the
foregoing, the installation of new roads and trails shall require Grantees’ prior written approval.
In the context of acting under this Section IV, Grantor and Grantees may confer about what
constitutes the best available ecological science; provided that, Grantees’ interpretation thereof shall
control.
V. Riparian Buffer Zone.
The Protected Property includes certain lands and premises lying on the westerly side of the
Muddy Brook in those locations that are not protected by the Wetland Protection Zone, and also
along a headwater tributary of Muddy Brook, subject to special protections as set forth herein to
protect the water quality of such waterways and the ecological health of the natural systems
associated with such waterways. Notwithstanding anything to the contrary contained in this Section
V, in the event that Grantor conveys a grant of conservation buffer easement, river corridor
easement or a similar set of restrictions protecting water quality, riparian habitat and river function
(“Buffer Easement”) to Grantee VLT, then such Buffer Easement shall control and the terms of this
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Section V shall no longer be in effect so long as such Buffer Easement remains in full force and
effect. The location of and the restrictions applicable to these areas are as follows:
Those areas on the Protected Property lying within fifty feet (50’) of the top of the
banks of Muddy Brook and its tributary, as those waters may move from time to time, and
also including any land located between the said tops of banks and the low water marks of
such waterways, shall be designated as Riparian Buffer Zones (hereinafter “RBZ”). The
location of the RBZ as of the date of this Grant is generally depicted on the Auclair Estate
Farm Plan, described in Schedule A attached hereto. Within the RBZ, the goals,
prescriptions and restrictions of this Section V are in addition to the provisions of Sections II
and III, and where inconsistent, the provisions of this Section V shall supersede the
provisions of Sections II and III.
Specifically, the principal goal for management within the RBZ is the establishment
and maintenance of high quality buffers that provide an array of ecological benefits
including, but not limited to:
(i) buffering aquatic and wetland plants and animals from disturbance;
(ii) preventing wetland and water-quality degradation;
(iii) providing important plant and animal habitat; and
(iv) providing organic matter, nutrients, and structure to aquatic systems.
Any management or use of the RBZ shall be conducted in a manner designed to
protect soil integrity and minimize erosion, shall incorporate up-to-date ecological
knowledge and management practices, and shall be consistent with the principal goal
detailed above. Without limiting the foregoing, any forest management activities within the
RBZ (including without limitation the installation of new roads and trails) shall require
Grantee’s’ prior approval.
There shall be no agricultural activities (including without limitation the grazing or
pasturing of animals) within the RBZ, except as may be approved in Grantee’s’ sole
discretion.
VI . Public Access Easement.
Grantor does freely give, grant, sell, convey and confirm unto Grantees, and their respective
successors and assigns, forever, a perpetual and separately assignable easement for an unpaved
public recreational trail (all as more particularly set forth below), said easement being on, over,
under and across the Protected Property, and measuring one (1) rod in width. The location of the
easement will be fixed at the time the trail is to be developed by mutual consent of the parties and
will be located in a manner that minimizes the impact on the agricultural soils and farm operation.
The intent of the parties with respect to the location of the public recreation trail is to provide
additional public recreation opportunities in South Burlington, in addition to connecting with a
larger trail network in South Burlington, should one be created in the future.
Such access shall be for non-motorized recreational use only. Grantees may limit or restrict
the public use and access in the public interest. Grantees shall consult with Grantor from time to
time about the public use and access and shall take reasonable steps to correct any erosion
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problems caused by public use and to minimize any adverse impact on Grantor’s use and
enjoyment of the Protected Property. The rights conveyed pursuant to this Section VI are in
addition to, not in lieu of, the covenants and restrictions otherwise conveyed by this Grant.
In addition, Grantees, and their respective successors and assigns, shall have the right to
improve, construct, manage, and maintain the trail for public recreational use, provided Grantees
shall first notify Grantor of the name of the entity or organization that will be responsible for
maintenance and management for the public's use of the trail. Grantor, for itself and its successors
and assigns, expressly acknowledges that the easement and trail contemplated by this Section VI
may become a part of the public trail systems in the City of South Burlington and, toward that end,
Grantor, if requested, shall convey to said City such deeds of easement as may be required in order
to effectuate that goal.
VII. Archaeology Zone.
Four archaeology zones, referred to in this Section VII as “Archaeology Zone,” are hereby
designated which shall consist of those four areas depicted on the Auclair Estate Farm Plan and
identified by the State of Vermont as sites VT-CH-151, VT-CH-152, VT-CH-153, and VT-CH-154. In
furtherance of the Purposes of this Grant, Grantor undertakes to do (and to refrain from doing as the
case may be) each of the following actions. It is understood that the goals, prescriptions and
restrictions of this Section VII are in addition to the provisions of Sections II and III. Where
inconsistent, the provisions of this Section VII shall supersede the provisions of Sections II and III.
Existing archaeologically, culturally or historically significant features on the Protected
Property including, but not limited to, such features as documented in the Baseline Documentation
Report shall be maintained consistent with the guidelines provided in The Secretary of Department
of the Interior’s Standards for the Treatment of Historic Properties pursuant to 36 CFR Part 68, as
amended. The up-to-date version of such guidelines shall be maintained by Grantees in the
Baseline Documentation Report and made available to Grantor upon request. The archaeologically,
culturally, or historically significant features may not be altered or removed without Grantees’ prior
written approval, which approval shall not be given except where the proposed activity is
accomplished in accordance with the guidelines provided in The Secretary of The Department of
the Interior’s Standards for the Treatment of Historic Properties.
1. Within the Archaeology Zone, Grantees shall consider the impact of certain
proposed structures or activities on the archaeological resources before giving Grantor their prior
written approval pursuant to Sections II and III of this Grant. Grantees shall consult with a qualified
archaeologist before making their final determination, provided that a qualified archaeologist from
the state of Vermont Division for Historic Preservation and/or the Natural Resources Conservation
Service is available and willing to consult on the matter.
In addition to the standard of review required for Grantees’ approval under Sections II or III,
Grantees’ approval shall not be unreasonably withheld if the structure or improvement can be
constructed, completed and used or activity conducted in a manner which protects the
archaeological and historical significance of archaeological resources of the Archaeology Zone.
Activities that do not require Grantees’ approval under Sections II or III, above, and that do not
impact the Archaeology Zone deeper than the historical plow depth, may be conducted within the
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Archaeology Zone without the need for approval under this Section VII.
2. Grantor shall permit Grantees, or Grantees’ designee, access to the Archaeology
Zone for the purpose of documenting and conducting research related to the archaeological and
historical significance of the archaeological resources of the Archaeology Zone; provided that
Grantees shall secure the prior consent of Grantor, which consent shall not be unreasonably
withheld or conditioned, provided the nature, duration and timing of Grantees’ access does not
significantly interfere with Grantor’s exercise of rights reserved under this Grant, especially the
conduct of agricultural activities. Any such permission may be conditioned upon Grantees, or
Grantees’ designee, returning the surface of the land to as near its original condition as reasonably
possible.
3. Grantor shall neither collect nor give permission to any person or entity to collect
historical or cultural artifacts on or from any portion of the Archaeology Zone, provided that
Grantor may permit the State of Vermont, Division for Historic Preservation to collect historical or
cultural artifacts on or from any portion of the Archaeology Zone. All artifacts and objects of
antiquity recovered from the Protected Property after the date of this Grant shall be the property of
the State of Vermont, Division of Historic Preservation.
4. This Section VII shall not be construed to convey any right to the general public to
have access to or otherwise use the Archaeology Zone. The rights and interests under this Section
VII shall be separately assignable by Grantees.
VI II . Enforcement of the Restrictions.
Grantees shall make reasonable efforts from time to time to assure compliance by Grantor
with all of the covenants and restrictions herein. In connection with such efforts, Grantees may
make periodic inspection of all or any portion of the Protected Property, and for such inspection
and enforcement purposes, Grantees shall have the right of reasonable access to the Protected
Property. In the event that a Grantee becomes aware of an event or circumstance of non-
compliance with this Grant, Grantee shall give notice to Grantor and the other Grantees of such
event or circumstance of non-compliance via certified mail, return receipt requested, and demand
corrective action by Grantor sufficient to abate such event or circumstance of non-compliance and
restore the Protected Property to its previous condition. In the event there has been an event or
circumstance of non-compliance which is corrected through negotiation and voluntary compliance,
but which has caused Grantees to incur extraordinary costs, including staff time, in investigating the
non-compliance and securing its correction, Grantor shall, at Grantees' request, reimburse Grantees
for all such costs incurred in investigating the non-compliance and in securing its correction.
Failure by Grantor to cause discontinuance, abatement, or such other corrective action as
may be demanded by Grantees within a reasonable time after receipt of notice and reasonable
opportunity to take corrective action shall entitle Grantees to bring an action in a court of
competent jurisdiction to enforce the terms of this Grant and to recover any damages arising from
such non-compliance. Such damages, when recovered, may be applied by Grantees to corrective
action on the Protected Property, if necessary. If the court determines that Grantor has failed to
comply with this Grant, Grantor shall reimburse Grantees for any reasonable costs of enforcement,
including court costs and reasonable attorneys' fees, in addition to any other payments ordered by
such court. In the event that a Grantee initiates litigation and the court determines that Grantor has
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not failed to comply with this Grant and that one or more of Grantees have initiated litigation
without reasonable cause or in bad faith, then the Grantee(s) who commenced the court
proceedings shall reimburse Grantor for any reasonable costs of defending such action, including
court costs and reasonable attorneys' fees; provided, however, that this clause shall not apply to the
VAAFM. The parties to this Grant specifically acknowledge that events and circumstances of non-
compliance constitute immediate and irreparable injury, loss, and damage to the Protected Property
and accordingly entitle Grantees to such equitable relief, including but not limited to injunctive
relief, as the court deems just. The remedies described herein are in addition to, and not in
limitation of, any other remedies available to Grantees at law, in equity, or through administrative
proceedings.
No delay or omission by Grantees in the exercise of any right or remedy upon any breach
by Grantor shall impair Grantees' rights or remedies or be construed as a waiver. Nothing in this
enforcement section shall be construed as imposing a liability upon a prior owner of the Protected
Property, when the event or circumstance of non-compliance occurred after said prior owner's
ownership or control of the Protected Property terminated.
IX. Option to Purchase at Agricultural Value.
Grantee shall have an option to purchase the Protected Property at its agricultural value in
accordance with the terms and provisions of this Section IX (“this Option”). This Option is an
integral part of this Grant and constitutes a restriction and a right and interest in real property that
runs with the land. This Option shall be perpetual in duration and is given on the following terms
and conditions.
1. Option Trigger. Grantors shall not sell, transfer or convey the Protected Property, in
whole or in part, without first offering the Protected Property for sale to Grantee pursuant to this
Section IX; provided, however, that the following described transactions shall not trigger Grantee’s
rights under this Option:
a) Any mortgage, pledge, or other assignment of the Protected Property to a lender as
security for indebtedness, provided the Grantee’s interest under this Option is
treated as an interest in real estate such that in the event of foreclosure Grantee is
deemed a necessary party defendant in such foreclosure case and has the right to
redeem the Protected Property from the foreclosure action; and
b) Any conveyance by the Grantors to Grantors’ family, as the latter term is defined in
Section X below, by gift, inheritance, sale or other transfer; and
c) Any conveyance of the Protected Property to a person who presently earns at least
one-half of his or her annual gross income from the “business of farming,” as that
term is defined in Regulation 1.175-3 issued under the Internal Revenue Code of
1986 and who, in connection with the farming operations on the Protected
Property, will continue to earn at least one-half of his or her annual gross income
from the “business of farming” (“a Qualified Farmer”); and
d) Any lease to a Qualified Farmer or a lease having a term of 15 years or less,
including renewal rights; provided, however, that any such lease shall expressly
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provide that, unless otherwise agreed by Grantee, the lease shall terminate and
possession shall be delivered free and clear of any rights of the tenant upon a
closing of the sale of the Protected Property following exercise of this Option.
e) The sale of transferable development rights as allowed under the South Burlington
Land Development Regulations.
f) The conveyance of the dwelling, and associated rights in accordance with Section
III(11), above.
This Option shall apply to all other sales and conveyances of the Protected Property, including any
sale or conveyance of any interest in the Protected Property including any conveyance by, or
conveyance of any interest in a corporation, limited liability company, partnership or other holding
entity.
2. Notice of Intent to Sell. Whenever Grantors receive an offer from a person or
persons (“Buyer”) to purchase or lease for a term in excess of fifteen (15) years, including renewal
rights, all or any part of the Protected Property including an offer involving property other than the
Protected Property (“the Offer”), and Grantors accept the Offer subject to this Option, Grantors
shall deliver to Grantee at its principal place of business by certified mail, return receipt requested a
Notice of Intent to Sell, which notice shall include:
a) A complete duplicate of the Offer, together with such other instruments as may be
required to show the bona fides of the Offer; and
b) A written description of the Buyer’s training and experience as an agricultural
producer and an agricultural business plan for the Protected Property, including a
description of the agricultural activities to be conducted or facilitated by Buyer,
proposed improvements to the Protected Property, and a statement of anticipated
agricultural income and expenses for the three-year period following Buyer’s
acquisition of the Protected Property or, if Buyer has no such training and
experience or intention of operating an agricultural business on the Protected
Property, a written statement to that effect; and
c) If the Buyer is purported to be a Qualified Farmer or family member, the documents
necessary to establish the Buyer as such, including the Buyer’s most recent federal
income tax filing, if applicable; and
d) The Grantors’ current mailing address.
Information delivered to Grantee pursuant to this clause shall remain confidential and shall not be
released to any person or entity not a party to this Grant, without the prior consent of Grantors.
3. Exercise of Option. This Option may be exercised by Grantee as follows:
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a) A Grantee shall give written Notice of Intent to Exercise not more than thirty (30)
days following receipt of the Notice of Intent to Sell described in Section IX(2);
failure by a Grantee to provide such notice shall constitute a waiver of its rights
under this Option; and
b) Thereafter, Grantors and Grantee shall fix the purchase price for the Protected
Property by establishing a Price Agreement in the manner described in Section
IX(4), below.
c) A Grantee shall exercise this Option by giving written Notice of Intent to Purchase
not more than thirty (30) days following Grantors’ and Grantee’s establishment of
the Price Agreement.
Notices required by this Section IX(3) shall be delivered to Grantors either personally or by certified
mail, return receipt requested to the address provided by Grantors in the Notice of Intent to Sell
described in Section IX(2), above.
4. Purchase Price. The Purchase Price shall be determined by mutual agreement
of Grantors and Grantee; provided that if no such agreement can be reached, the purchase price of
the land only shall be the greater of:
a-1) $240,000.00 plus an inflation adjustment determined by multiplying the foregoing
value by 1 (one) plus the fractional increase calculated from the date hereof in the
Consumer Price Index for all Urban Consumers, Northeast, All Items published by
the Bureau of Labor Statistics, U.S. Department of Labor, or a successor index
published by the United States government to the date of the Offer; or
a-2) The full fair market value of all Protected Property land subject to the Offer (including
the site of any structures) assuming its highest and best use is commercial agricultural
production commonly occurring within the market area where the Protected Property
is located on the date of the Offer, as determined by a mutually approved disinterested
appraiser selected by Grantors and Grantee, with the expense of such appraisal
divided equally between Grantors and Grantee. Permanently installed land
improvements, such as in-ground irrigation systems, farm roads, and drainage tiling
shall be considered part of the land. This appraisal shall take into consideratio n the
permitted and restricted uses set forth in, and the impact on value caused by the
Grant.
With respect to any agricultural, forestry or minor incidental structures and improvements in
existence as of the date of the Offer, then in addition to the foregoing land value, the Purchase Price
shall also include:
b) The value of all such structures and improvements on the Protected Property as of the
date of the Offer excluding all land (which is included in the Section IX(4)(a)
valuation, above). The value of the structures and improvements shall be determined
using the replacement cost approach to valuation (i.e., the cost to replace the
structures and improvements with those of comparable size and utility, less
depreciation and functional obsolescence) by a mutually approved disinterested
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appraiser selected by Grantors and Grantee, with the expense of such appraisal
divided equally between Grantors and Grantee.
With respect to any residence(s) in existence as of the date of the Offer, then in addition to the
foregoing land value, the Purchase Price shall also include:
c) The value of the residence and its appurtenant structures and improvements as of
the date of the Offer excluding the value of the land upon which these structures sit
(which is included in the Section IX(4)(a) valuation, above). The value of the
residence and appurtenant structures and improvements shall be determined using
the replacement cost approach to valuation (i.e., the cost to replace the residence,
structures and improvements with those of comparable size and utility, less
depreciation and functional obsolescence) by a mutually approved disinterested
appraiser selected by Grantors and Grantee, with the expense of such appraisal
divided equally between Grantors and Grantee.
Grantors and Grantee shall establish the Purchase Price by either entering into a written agreement
fixing the Purchase Price as provided in this Section IX(4), within ten working days of reaching mutual
agreement or, if no such agreement is reached, the Purchase Price shall be based upon the appraised
values determined in accordance with this Section IX(4) which shall be the Purchase Price unless
another Purchase Price is mutually agreed upon in writing by the parties within ten working days
after the last party’s receipt of such appraisals (the “Price Agreement”). The passage of said ten
working days shall constitute the effective date of establishing the Price Agreement.
5. Entry onto the Protected Property. After receiving the notice from Grantors
described in Section IX(2), above, and upon reasonable notice to the Grantors, the Grantee shall
have the right to enter upon the Protected Property from time to time for the purpose of preparing
for the purchase and disposition of the Protected Property, including but not limited to preparing
appraisals, conducting soils tests or engineering studies, advertising, showing prospective buyers or
assignees, or obtaining other information about the Protected Property. Grantee’s entry onto or
testing of the Protected Property shall be conducted in a manner that minimizes any disturbance to
the land and to the use and enjoyment of the Protected Property by the Grantors or any tenants in
possession.
6. Closing of the Purchase. If this Option is exercised, the parties shall close on the
sale on or before thirty (30) days from the delivery of the Notice of Intent to Purchase described in
Section IX(3)(c), above, unless otherwise agreed. The following conditions shall apply to said
closing:
a) Grantors shall, by Vermont Warranty Deed, deliver good, clear, record and
marketable title to the Grantee, free of all liens or other encumbrances (including
discharge or release of outstanding mortgages), sufficient for the Grantee to secure
title insurance at Grantee’s sole expense. Grantee agrees to accept title subject to (i)
customary utility distribution easements, (ii) rights of the public to use roads laid out
by municipalities, the state or federal government, (iii) rights of way and other
easements that do not, in the Grantee’s opinion, materially impair beneficial use of
the Protected Property; and (iv) the terms and conditions of this Grant. The state of
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title to the Protected Property shall be determined by a title examination paid for by
the Grantee.
b) Grantors agree to use reasonable efforts to deliver marketable title as set forth in
Section IX(6)(a), above. In the event Grantors are unable to give marketable title,
then the Grantee may elect to terminate its exercise of this Option. The Grantee
shall have the right to elect to accept such title as Grantors can deliver and to pay
the purchase price without reduction.
c) Grantors agree to obtain at their sole expense any and all permits and approvals
required under law or regulation for the conveyance of the Protected Property to
Grantee under this Option. The parties shall extend the closing date as necessary to
enable Grantors to obtain all such final permits and approvals.
d) Grantors represent to Grantee that Grantors are not aware of any hazardous waste
having been dumped or placed upon the Protected Property. Grantors will update
this representation in writing upon the Grantee’s delivery of the Notice of Intent to
Exercise described in Section IX(3)(a), above. Grantors agree that the Grantee may,
at the Grantee’s expense, perform any and all tests and/or inspections necessary to
confirm these representations. In the event that the Grantee discovers that
hazardous wastes have been dumped or placed upon the Protected Property, the
Grantee may at the Grantee’s option declare its exercise of this Option to be null
and void.
e) The Grantors and the Grantee shall prorate property taxes as of the date of closing.
f) The Grantors shall not physically alter the Protected Property or the improvements
on the Protected Property or enter into any lease after Grantee delivers the Notice of
Intent to Exercise provided in Section IX(3)(a), above, and while the Grantee may
purchase pursuant thereto, except to perform generally accepted agricultural
practices and normal repairs. In the event any structure is substantially destroyed by
fire or other casualty, Grantee may elect to (1) proceed to closing and accept the
proceeds of any insurance policy Grantors may have with respect to such
destruction; or (2) if such insurance proceeds are less than the value of the structure
as determined under Section IX(4), above, proceed to closing and accept the
proceeds of said insurance policy and reduce the purchase price by the difference
between such value and insurance proceeds; or (3) withdraw its election to exercise
this Option.
g) The Protected Property shall be conveyed free of all leases, tenancies, tenants and
occupants, unless Grantee otherwise agrees in writing.
h) All personal property, livestock, machinery and equipment not included in the sale
shall be removed from the Protected Property, and all other waste and debris shall
be removed from the Protected Property prior to closing. Grantors and Grantee will
jointly inspect the Protected Property 24 hours prior to closing.
Auclair Estate Conservation Restrictions
Page 17
i) After closing, this Option shall remain in full force and effect with respect to all
subsequent conveyances of the Protected Property, except as identified in Section
IX(1), above.
7. Partial Release of Option. At the request of Grantors, Grantee shall execute a partial
release of its rights under this Option Agreement (”the Partial Release”), and upon the first to
occur of the following events, the Grantee shall immediately deliver the Partial Release to the
South Burlington City Clerk for recording in the South Burlington Land Records:
a) Grantee’s failure to deliver the Notice of Intent to Exercise as described in Section
IX(3)(a), above;
b) Grantee’s failure to deliver the Notice of Intent to Purchase as described in Section
IX(3)(c), above; or
c) Grantee’s election to terminate its exercise of this Option based on title defects as
provided in Section IX(6)(b), hazardous materials as provided in Section IX(6)(d), or
destruction of structures as provided in Section IX(6)(f).
Should Grantee not exercise this Option as provided in Section IX(3), above, or should Grantee fail
to close following its delivery of the Notice of Intent to Purchase, Grantors may proceed to close on
the sale to the Buyer on the terms and conditions described in the Notice of Intent to Sell, within
twelve (12) months of the delivery of said Notice to Grantee. Provided, however, this Option shall
remain in full force and effect with respect to all subsequent conveyances of the Protected Property,
except as identified in Section IX(1) above.
8. Partial Assignment by Grantee. Grantee may partially assign its rights under this
Option, provided:
a) No such assignment shall be made prior to Grantors and Grantee establishing the
Price Agreement described in Section IX(4), above;
b) Such assignment shall be in writing, with the assignee undertaking to discharge all
obligations of Grantee with respect to purchase of the Protected Property, and a
copy of the written assignment shall be delivered to Grantors;
c) The assignee shall be a party which, in the reasonable opinion of the Grantee, will
use or will facilitate the use of the Protected Property for commercial agricultural
production; and
d) The partial assignment shall pertain only to a single exercise of this Option in
response to a discrete Notice of Intent to Sell delivered to Grantee. While no
consent of Grantors shall be required for said single exercise, Grantee shall not
otherwise assign all of its rights and interests under this Option without the prior
written consent of Grantors.
X. Miscellaneous Provisions.
Auclair Estate Conservation Restrictions
Page 18
1. Where Grantor is required, as a result of this Grant, to obtain the prior written
approval of Grantees before commencing an activity or act, and where Grantees have designated in
writing another organization or entity which shall have the authority to grant such approval, the
approval of said designee shall be deemed to be the approval of Grantees. Grantor shall reimburse
Grantees or Grantees' designee for all extraordinary costs, including staff time, incurred in
reviewing the proposed action requiring Grantees' approval; but not to include those costs which
are expected and routine in scope. Upon the request of Grantor, Grantees shall deliver to Grantor,
in written recordable form, any approval, disapproval, election, or waiver given by Grantees
pursuant to this Grant.
2. It is hereby agreed that the construction of any buildings, structures, or
improvements, or any use of the land otherwise permitted under this Grant, or the subdivision and
separate conveyance of any land excluded from this Grant in Schedule A attached hereto, shall be
in accordance with all applicable ordinances, statutes, and regulations of the Town of South
Burlington and the State of Vermont and at Grantor’s sole expense.
3. It is further agreed that the Protected Property is accurately depicted and described
in both the Auclair Estate Farm Plan and a Baseline Documentation Report (“BDR”) signed by the
original Grantor on or about the date of this Grant and held by Grantee VLT, on behalf of all
Grantees. Grantees may use the Auclair Estate Farm Plan or BDR in enforcing this Grant, but are
not limited in their use of the Auclair Farm Plan and BDR to show a change of conditions.
4. Grantees shall transfer the development rights, option to purchase, and conservation
easement and restrictions conveyed by Grantor herein only to a State agency, municipality, or
qualified organization, as defined in Chapter 34 or Chapter 155 Title 10 V.S.A., in accordance with
the laws of the State of Vermont and the regulations established by the Internal Revenue Service
governing such transfers.
5. In the event the development rights or conservation restrictions conveyed to
Grantees herein are extinguished by eminent domain or other legal proceedings, Grantees shall be
entitled to any proceeds which pertain to the extinguishment of Grantees' rights and interests. Any
proceeds from extinguishment shall be allocated between Grantor and Grantees in accordance with
the value of their respective interests as determined by an appraisal commissioned by Grantees at
the time of extinguishment; provided, however, that the allocation of proceeds to Grantees shall be
no less than fifty seven and five tenths percent (57.5%) of the full fair market value of the Protected
Property exclusive of the value of improvements. Grantor and Grantees agree that this percentage
figure is the relative value of the conservation restrictions as compared to the unrestricted value of
the Protected Property as of the date of this Grant. Grantees shall use any such proceeds to
preserve undeveloped and open space land in order to protect the aesthetic, agricultural,
educational, scientific, forestry and natural resources of the State through non-regulatory means.
6. In any deed or lease conveying an interest in all or part of the Protected Property,
Grantor shall make reference to the conservation easement, restrictions, and obligations described
herein and shall indicate that said easement and restrictions are binding upon all successors in
interest in the Protected Property in perpetuity. Grantor shall also notify Grantees of the name(s)
and address(es) of Grantor's successor(s) in interest.
Auclair Estate Conservation Restrictions
Page 19
7. While title is herein conveyed to Grantees as tenants in common, the rights and
interests described in this Grant, including enforcement of the conservation easement and
restrictions, may be exercised by Grantees collectively, or by any single Grantee individually;
provided, however, that court enforcement action by a single Grantee shall foreclose action on the
same issue(s) by the other Grantees who shall be bound by the final determination.
8. The term “Grantor” includes the successors, and assigns of the original Grantor,
Vermont Land Trust, Inc. The term “Grantees” includes the respective successors and assigns of the
original Grantees, Vermont Land Trust, Inc. and Vermont Housing and Conservation Board. The
term “family” includes: (a) any spouse of Grantor and any persons related to Grantor by blood to
the 4th degree of kinship or by adoption, together with spouses of family members, (b) a
corporation, partnership or other entity which is wholly owned and controlled by Grantor or
Grantor's family (as defined herein), (c) any estate of Grantor or Grantor’s family, and (d) all owners
of a Grantor corporation, partnership, trust or other entity who are related to each other by blood to
the 4th degree of kinship or by adoption, together with spouses of family members.
9. Grantor shall pay all real estate taxes and assessments on the Protected Property and
shall pay all other taxes, if any, assessed in lieu of or in substitution for real estate taxes on the
Protected Property.
10. Grantor warrants that Grantor has no actual knowledge of a release or threatened
release of hazardous substances or wastes on the Protected Property.
11. Grantor shall hold harmless, indemnify and defend Grantees from and against any
liabilities, claims and expenses, including reasonable attorney’s fees to which Grantees may be
subjected, including, but not limited to, those arising from any solid or hazardous waste/hazardous
substance release or disposal or hazardous waste/ hazardous substance cleanup laws or the actions
or inactions of Grantor as owner or operator of the premises, or those of Grantor’s agents.
12. If any Grantee takes legal title to Grantor’s interest in the Protected Property, the
Grantee acquiring title shall commit the monitoring and enforcement of the Grant to another
Grantee until the Grantee acquiring title conveys title to a successor Grantor.
13. This Grant shall be governed by and construed in accordance with the laws of the
State of Vermont. In the event that any provision or clause in this Grant conflicts with applicable
law, such conflict shall not affect other provisions hereof which can be given effect without the
conflicting provision. To this end the provisions of this Grant are declared to be severable.
14. Grantor and Grantee recognize that rare and unexpected circumstances could arise
that justify amendment of certain of the terms, covenants or restrictions contained in this Grant. To
this end, this Grant may be amended only by mutual agreement of Grantor and Grantee; provided
that Grantee determines in its sole discretion that such amendment furthers or does not materially
detract from the Purposes of this Grant. Amendments shall be in writing, signed by both Grantor
and Grantee, and shall be recorded in the City of South Burlington Land Records. Notwithstanding
the foregoing, Grantor and Grantee have no right or power to agree to any amendment that would
limit the term of the Grant, or adversely affect the qualification of this Grant or the status of Grantee
under applicable laws, including without limitation Title 10 V.S.A. Chapters 34 and 155, Section
170(h) and 501(c)(3) of the Internal Revenue Code, as amended, and regulations issued pursuant
Auclair Estate Conservation Restrictions
Page 20
thereto.
INVALIDATION of any provision hereof shall not affect any other provision of this Grant.
TO HAVE AND TO HOLD said granted development rights, public access easement,
option to purchase and a perpetual conservation easement and restrictions, with all the privileges
and appurtenances thereof, to the said Grantees, VERMONT LAND TRUST, INC. and VERMONT
HOUSING AND CONSERVATION BOARD, their respective successors and assigns, to their own
use and behoof forever, and the said Grantor, VERMONT LAND TRUST, INC., for itself and its
successors, and assigns, does covenant with the said Grantees, their successors and assigns, that
until the ensealing of these presents, it is the sole owner of the premises, and has good right and
title to convey the same in the manner aforesaid, that the premises are free from every
encumbrance, except those of record, not intending hereby to reinstate any interest or right
terminated or superseded by this Grant, operation of law, abandonment of 27 V.S.A. Ch. 5, Subch.
7; and it hereby engages to warrant and defend the same against all lawful claims whatever, except
as aforesaid.
I set my hand at ____________, Vermont this ____ day of ____________, 2019.
GRANTOR
VERMONT LAND TRUST, INC.
By:______________________________
Its Duly Authorized Agent
STATE OF VERMONT
_____________ COUNTY, ss.
At __________________, this ____ day of _____________, 2019, _____________________,
duly authorized agent of the Vermont Land Trust, Inc., personally appeared and ____
acknowledged this instrument, by ____ sealed and subscribed, to be ____ free act and deed, before
me.
Before me, ______________________________
Print Name - __________________________
Notary Public, State of Vermont
Credential #_______________________
My Commission Expires: January 31, 2021
Approved by the VERMONT HOUSING AND CONSERVATION BOARD:
______________________ By:________________________________
Date Its Duly Authorized Agent
Auclair Estate Conservation Restrictions
Page 21
STATE OF VERMONT
COUNTY OF WASHINGTON, SS.
At Montpelier, Vermont on this _____ day of _____________________, 2019, personally
appeared _____________________________, duly authorized agent of the Vermont Housing and
Conservation Board, and he/she acknowledged this instrument, by him/her sealed and subscribed,
to be his/her free act and deed and the free act and deed of the Vermont Housing and Conservation
Board, before me.
_________________________________
Print Name: Elizabeth M. Egan
Notary Public, State of Vermont
Commission No. 157.0002746
My Commission Expires: 01/31/2021
Auclair Estate Conservation Restrictions
Page 22
===============================================
SCHEDULE A
PROTECTED PROPERTY
Being all and the same lands and premises, including farm buildings, conveyed to Grantor by
Warranty Deed of Heather Auclair, Jennifer Morway, and Heidi Auclair, Trustees of the Ernest
Auclair Family Trust, dated October 5, 2018, and recorded in Book 1442, Page 24 of the South
Burlington Land Records.
Excepted and excluded from this description of the Protected Property is a three and six-hundredths
(3.06) acre parcel depicted as “Area ‘A’” on a survey entitled “Boundary Line Adjustment Plat,
Heather Auclair & Earnest N. Auclair Family Trust, Parcel ID# 0860-01650 & 0860-01731,
Vermont Route 116, Hinesburg Road, South Burlington, Vermont” prepared by Mark A. Day, dated
March 28, 2018 and to be recorded in Map Slide ____ of the South Burlington Land Records.
Meaning and intending to include in this description of the Protected Property all of the Grantor’s
land with any buildings and improvements thereon lying on the easterly side of Vermont Route
116, in the City of South Burlington, Vermont, and generally described as containing 191 acres,
more or less.
NOTICE: Unless otherwise expressly indicated, t he descriptions in this Schedule A and in any
subsequent Schedules are not based on a survey or subdivision plat. The Grantor and Grantees
have used their best efforts to depict the approximate boundaries of the Protected Property and any
excluded parcels, complexes or special treatment areas on a plan entitled “Vermont Land Trust -
Auclair Estate Farm, Town of South Burlington, Chittenden Co., VT, ____________ 2019” signed
by the Grantor and the Vermont Housing and Conservation Board (referred to throughout this Grant
and its Schedules as “Auclair Estate Farm Plan”). The Auclair Estate Farm Plan is based upon
Vermont Base Map digital orthophotos and other information available to VLT at the time of the
Plan’s preparation. Any metes and bounds descriptions included in the Schedules herein are
approximate only. They are computer generated and are not the result of field measurements or
extensive title research. The Auclair Estate Farm Plan and any metes and bounds descriptions
herein are intended solely for the use of the Grantor and Grantees in establishing the approximate
location of the areas described and for administering and interpreting the terms and conditions of
this Grant. No monuments have been placed on the ground. The Auclair Estate Farm Plan is kept
by VLT in its Stewardship Office. The Auclair Estate Farm Plan is not a survey and must not be
used as a survey or for any conveyance or subdivision of the land depicted thereon.
Grantor and Grantees do not intend to imply any limitation on the area of land included in this
description, should a survey determine that additional land is also encumbered by the Grant. If, in
the future, the Grantor or Grantees shall prepare a survey of the Protected Property, of any portion
thereof, or of any excluded lands, and that survey is accepted by the other party or confirmed by a
court, the descriptions in the survey shall control.
Reference may be made to the above described deed and record, and to the deeds and records
referred to therein, in further aid of this description.
Auclair Estate Conservation Restrictions
Page 23
==========================================
SCHEDULE B
COMPLEX A
The “Complex A” referred to in Section III(6) of this Grant contains 5.0 acres, more or less, located
on the easterly side of Vermont Route 116 and is more particularly described as follows, all
bearings are referenced to “Grid North”:
Beginning at a point on the easterly sideline of Vermont Route 116, said point being northerly a
distance of 78 feet, more or less, along said sideline from the northerly boundary of land
formerly belonging to W. & M. Auclair, now belonging to Francis J. and Laura Davenport;
thence proceeding
Northerly a distance of 400 feet, more or less, along the easterly sideline of Vermont Route 116 to a
point; thence turning and proceeding
South 86 ½° East a distance of 545 feet, more or less, across the Protected Property to a point;
thence turning and proceeding
South 03° West a distance of 400 feet, more or less, across the Protected Property to a point;
thence turning and proceeding
North 86 ½° West a distance of 545 feet, more or less, across the Protected Property to the easterly
sideline of Vermont Route 116 and the point of beginning.
COMPLEX B
The “Complex B” referred to in Section III(6) of this Grant contains 8.1 acres, more or less, located
on the easterly side of Vermont Route 116 and is more particularly described as follows, all
bearings are referenced to “Grid North”:
Beginning at a point on the easterly sideline of Vermont Route 116, said point being northerly a
distance of 327 feet, more or less, along said sideline from the centerline of Muddy Brook
and the southern boundary of Grantor
Northerly a distance of 213 feet, more or less, along the easterly sideline of Vermont Route 116 to a
point; thence turning and proceeding
North 49 ½° East a distance of 175 feet, more or less, across the Protected Property to a point; on
the southerly edge of the “R.O.W. & Easement, 25’ Width Centered on Existing Farm Road”
as depicted on a survey entitled “Right of Way & Easement Plat for Ernest N. Auclair Family
Trust, Parcel ID# 0860-01731, Vermont Route 116, Hinesburg Road, South Burlington,
Vermont” by Mark A. Day, Trudell Consulting Engineers, dated 7-24-2018 and recorded in
Slide #23 on Page 5 of the South Burlington Land Records; thence turning and proceeding
Easterly and southeasterly a distance of 722 feet, more or less, along the southerly edge of the
R.O.W. & Easement to a point, , said course have a tie line of South 66 ¾° East a distance
of 570 feet, more or less; thence proceeding
South 11° West a distance of 395 feet, more or less, across the Protected Property to a point;
thence turning and proceeding
South 67° West a distance of 677 feet, more or less, more or less, across the Protected Property to
the easterly sideline of Vermont Route 116 and the point of beginning.
Vermont Route 116Mu
d
dyBroo
k
Complex A± 5.0 acres
Complex B± 8.1 acres
SouthBurlingtonWillistonWPZ
WPZ
WPZ
RBZ
WPZ
RBZ
WPZ
ROW
!Y !Y
!Y
!Y
Excluded± 3.06 acres
448000
448000
449000
449000212000 212000213000213000214000214000D#*!!
SHELBURNE POND
NATURAL AREA
Brownell
Mountain
840
EE
WILLWILL
UTHUTH
NGTONNGTON
ST. GEORGEST. GEORGE
Kirby
Corner
Shelburne
PondHubbardHubbard
IshamIsham
SipSip
McKayMcKay
Hill R&JHill R&J
MailleMaille O'Brien PO'Brien P
LeducLeduc
BarrBarr
Mud PMud Po
BB
Auclair EstateAuclair Estate
Ie
Aq
AÞ
34c
SHELBURNE POND
NATURAL AREA
250 0 250 500 750125Feet
50 0 50 100 150 20025Meters
THIS MAP IS NOT A SURVEY
This map is not a survey or subdivision plat, and should not be
used or construed for such purposes. It was prepared without
the benefit of field measurements or extensive title research. It
is intended solely to assist the owner(s) of the conserved land
and the holder(s) of the conservation easement in the admin-
istration and interpretation of the conservation easement by
clearly depicting the presumed boundaries of the protected
property, calculating the approximate acreages, and showing
the approximate locations of any excluded lands, farmstead or
homestead complex, farm labor housing complex, or special
treatment areas.
!GRID NORTHThe Auclair Estate Farm Conservation Plan is
based on the following State of Vermont Base
Map 1:5000 orthophoto(s):
Williston - South Burlington, #100212, 2018Auclair Estate Farm
Town of South Burlington
Chittendent Co., VT
Vermont Land Trust
December 2019
VLT Project #1301130 VHCB #2018-057-001
1:5,000 1 inch = 416.7 feet
Reference(s):
1) "Plat of Boundary Survey Showing a Portion of
Lands of Ernest Auclair Family Trust and Purchase
of Development Rights by Rye Associates, LLC,
Route 116, South Burlington, Vermont" by
Christopher A. Haggerty, Button Professional Land
Surveyors, PC, dated 9/3/2015.
2) "Boundary Line Adjustment Plat, Heather Auclair
& Ernest N. Auclair Family Trust, Parcel ID# 0860-
01650 & 0860-01731, Vermont Route 116, Hinesburg
Road, South Burlington, Vermont" by Mark A. Day,
dated March 28, 2018.
Reviewed and Accepted by:
Duly Authorized Agent of
Vermont Land Trust, Inc.
Date
Duly Authorized Agent of
the Vermont Housing and
Conservation Board
Date
Protected Property
Complex Boundary
jjjjjj Wetland Protection
Zone (WPZ)RRRRRRRRRRRRRiparian Buffer
Zone (RBZ)
Archaeology Zone!Y
Excluded Land
ACREAGE INFORMATION¹
1. All acreage is approximate, and exclusive of public road rights of way.
± 191 acresTotal Protected Property
Tillable
Pasture
Scrub/Shrub
Woods
Open Water/Wetland
Complexes
65.1 acres
58.2 acres
7.0 acres
29.3 acres
18.3 acres
13.1 acres
Excluded Land ± 3.06 acres
X X X X X X X85.00'PLATANDPLANREF.6&7S82°34'14"W353.62'S06°59'27"E246.09'S06°59'27"E43.36'S08°33'15"E182.42'N80°37'09"E19.86'N80°30'57"E276.46'N 04°06'15"E35.45'C1N82°32'53"E230.53'S 03°44'34"W70.12'C2C3C4TOTALCURVEFORNEWLOTCONFIGURATIONCURVEDATATABLECURVEARCLENGTHRADIUSCHORDBEARINGCHORDLENGTHDELTAANGLEC2177.64'2904.79'S01°36'55"W177.61'3°30'14"C3112.09'2904.79'S01°14'31"E112.08'2°12'39"C4139.99'2904.79'N03°43'41"W139.98'2°45'41"429.71'2904.79'N00°52'15"W429.32'8°28'33"C1N88°43'11"E144.00'N01°14'31"W112.00'S88°45'03"W144.00'0FeetGraphicScale505010015020015°±VT GridMagnetic
PROJECTLOCATION1OF103-28-2018This plat was created using pigment based ink on stable media
DescriptionRevisionsByDate#478BLAIRPARKROAD|WILLISTON,VERMONT054958028796331|WWW.TCEVT.COMTRUDELLCONSULTINGENGINEERSDate:Scale:DrawnBy:Crdfile:Sheet:SurveyedBy:LANDSURVE
Y
ORSLICENSED MARKA.DAYNo.732ST
A
T
E
OFVERMONTTHISPLATISBASEDONAFIELDSURVEYWHICHMEETSOREXCEEDSTHEMINIMUMSTANDARDSASSETFORTHBYTHEVERMONTBOARDOFLANDSURVEYORS.FIELDEVIDENCE,PERTINENTRECORDINFORMATION,ANDPAROLEEVIDENCEWASUSEDINTHECALCULATIONANDDETERMINATIONOFTHEBOUNDARIESSHOWNONTHISPLAT.ANYINCONSISTENCIESARESHOWNHEREONTOTHEBESTOFMYKNOWLEDGE.THISPLATMEETSTHEREQUIREMENTSOF27VSA1403.MARKA.DAY,L.S.#732 FieldBk:Project#:101/17/20NLSAddNoteforConserv.EasementUTILITYPOLEBARBEDWIREFENCEOVERHEADUTILITYLINEREINFORCINGBAR(FOUND)CONCRETEMONUMENT(TOBESET)CONCRETEMONUMENT(FOUND)REBAR(TOBESET)IRONPIPE(FOUND)CALCULATEDPOINTXOHLEGEND18-001BGP35018002.crdHeatherAuclair&VermontLandTrust,Inc.ParcelID#0860-01650&0860-01731VermontRoute116,HinesburgRoadSouthBurlington,VermontBoundaryLineAdjustmentPlatBGP1"=50'CURVEDATATABLEREFERENCEC1EXISTINGBOUNDARYLINENEWBOUNDARYLINEVT.RTE.116~HINESBURG ROADt
axmapno.0860-01650HeatherAuclairv,1321,p.217mapslide537,map10.37Acres(Existing)DRILLEDWELLSEPTICTANKD-BOXEXISTINGBOUNDARYLINE112'X144'(TOBEELIMINATED)HI
DDE
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ADOWL
ANEPAVEDDRIVE
taxmapno.0847-00127Lawrence&ValerieParkerv.917p.289mapslide599,map5mapslide537,map1mapslide448,map3taxmapno.0847-00130JulieLaPointev.774p.322mapslide599,map5mapslide448,map3taxmapno.0847-00166DanielA.&WhittneyD.Barkhuffv.1376p.173mapslide599,map5mapslide448,map3PLATREFERENCES:1."PLATOFBOUNDARYSURVEYSHOWINGAPORTIONOFLANDSOFERNESTN.AUCLAIR&PURCHASEOFDEVELOPMENTRIGHTSBYDORSETSTREETASSOCIATES,LLC&G&AASSOCIATES,LLC,ROUTE116,SOUTHBURLINGTON,VERMONT"DATED12-08-2005ANDLASTREVISEDON02-05-09,BYBUTTONPROFESSIONALLANDSURVEYORS,PC,ANDRECORDEDASSLIDE537MAP1.2."PLATOFSURVEYSHOWINGFORMERLANDSOF1600HINESBURGROAD,LLCANDTRANSFEROFDEVELOPMENTRIGHTSBYMICHEALJ.ANDERSON,HIDDENMEADOWLANE,SO.BURLINGTON,VT",BYBUTTONPROFESSIONALLANDSURVEYORS,PC,DATED09-04-04ANDLASTREVISEDON09-14-16ANDRECORDEDASSLIDE599MAP5.3."SUBDIVISIONPLATOFTHELANDSOFMICHEALJ.ANDERSONROUTE116,HINESBURGROAD,SO.BURLINGTON,VT",BYBUTTONPROFESSIONALLANDSURVEYORS,PCDATED09-07-04ANDRECORDEDASSLIDE448MAP3.4."SOUTHBURLINGTONPROJECTFno021-1(5),SHEETS6AND9OF44",APPROVEDBYTHEF.H.C.ON06-02-79.5."SOUTHBURLINGTONPROJECTROSno021-1(4)S,SHEETS4&5OF31",APPROVEDBYTHEF.H.C.ON10-27-76.NOTES:1.THISPLATISBASEDONDEEDSRESEARCHEDINTHECITYOFSOUTHBURLINGTONLANDRECORDSANDFEATURESLOCATEDINTHEFIELDWITHATOTALSTATIONON03/01/18.2.BEARINGSAREBASEDONMAGNETICNORTHAREVERMONTSTATEPLANEGRIDNORTHESTABLISHEDWITHATRIMBLERTKUNITWITHOBSERVATIONSFROMVERMONTCORSSTATIONVTRI(RICHMOND).3.PARCEL#0860-01731WASCONVEYEDTOVERMONTLANDTRUST,INC.INVOLUME1442PAGE24.4.REBARSSETARENO.5REINFORCINGBARSWITHALUMINUMCAPSSTAMPED"TRUDELLCONSULTINGENGINEERS,LLS732".5.DISTANCESARESHOWNTOTHEHUNDREDTHOFAFOOTANDBEARINGSARESHOWNTOTHESECONDFORMATHEMATICALCLOSUREPURPOSESONLY.6.ANATTEMPTHASBEENMADETOIDENTIFYORDELINEATEEASEMENTS,RIGHTSOFWAY,LEASELANDS,ENCROACHMENTS,ETC.OBSERVEDINTHEFIELDORREADILYFOUNDINTHELANDRECORDS.ADDITIONALENCUMBRANCESMAYEXISTWHICHARENOTSHOWNONTHISPLAT.7.UNDERGROUNDUTILITYLINESSHOWNAREBASEDONABOVEGROUNDSTRUCTURESANDPLANSOFRECORD.ACTUALLOCATIONOFUNDERGROUNDLINESMAYVARY.NEWBOUNDARYLINE5/8"REBARUP0.8'YELLOWPLASTICCAP"VTLS695"5/8"REBARUP1.3'BENTWESTYELLOWPLASTICCAP"VTLS695"5/8"REBARUP0.25'ALUMINUMCAP"VTLS741"4"X4"CONCRETEMONUMENTUP0.8'taxmapno.0860-01731VermontLandTrust,Inc.v.1442p.24mapslide537,map1194acres+-beforeadjustment191acres+-afteradjustmentNote:AreasareonlylandsinSouthBurlingtonwhichareEasterlyofRoute116andNortherlyandWesterlyoftheMuddyBrook5/8"REBARUP2.1'LOOSE'ALUMINUMCAP"VTLS695"5/8"REBARUP0.8'YELLOWPLASTICCAP"VTLS695NYLS50435"5/8"REBARUP0.9'YELLOWPLASTICCAP"VTLS695"IRONPIPE1-1/4"O.D.3'LONGFOUNDLAYINGONGROUND.(NOTHELDORDIMENSIONEDONTHISPLAT)PROPOSEDNEWBOUNDARYLINE4"X4"CONCRETEMONUMENTFLUSHMONUMENTWASDESTROYED.SHOTCENTERLINEOFMULTIPLEREBARS4"X4"CONCRETEMONUMENTUP1.0'PAINTEDREDDRIVEWAYTONADEAUPROPERTYHOUSEPURPOSEOFTHISPLAT:1.ADJUSTTAXMAPNUMBER0860-01650BYMERGINGITWITHAREA"A"FORATOTALAREAOF3.43ACRES.AREA"A"3.06Acrestobeannexedtotaxmapno.0860-01650foranewtotalacreageof3.43Acrestaxmapno.0860-01731VermontLandTrust,Inc.v.1442p.24mapslide537,map1194acres+-beforeadjustment191acres+-afteradjustmentNote:AreasareonlylandsinSouthBurlingtonwhichareEasterlyofRoute116andNortherlyandWesterlyoftheMuddyBrookSOUTHBURLINGTONCITYCLERK'SOFFICERECEIVEDFORRECORD______________________________________A.D.202_________at_____________O'clock____________minutes________mandrecordedinSlide__________________________________Attest:_____________________________________CityClerkAPPROVEDBYRESOLUTIONOFTHEDEVELOPMENTREVIEWBOARDOFTHECITYOFSOUTHBURLINGTON,VT.ONTHE______DAYOF________________________202___,SUBJECTTOTHEREQUIREMENTSANDCONDITIONSOFSAIDRESOLUTION.SIGNEDTHIS______DAYOF________________________202___,BY__________________________________________CHAIRMANORCLERKGRAVELDRIVENEWLIMITOFPERMANENTCONSERVATIONEASEMENTHELDBYVERMONTLANDTRUST
PROPOSED BOUNDARY LINE
EXISTING BOUNDARY
LINE TO BE ELIMINATED
PROPOSEDPARCEL
LIDAR CONTOUR
(TYPICAL)
VSWI CLASS II WETLAND
(TYPICAL)
WOODED
WOODED
EXISTING BOUNDARY
(TYPICAL)
CHEE
S
E
F
A
C
T
O
R
Y
R
O
A
D VT ROUTE 1164
1
5410370
370
3
7
0
370370370370370370370370355355355355355355
355
35535535
5350 35035035035035
0
350350350350345345345345 345345345
355355355355355345
345345345345345345345345365365
3
6
5
365
365
365365
365
365360360360360360360360360360335335335335335335340340340340340340
340
340
340
340330
330
330330330330330330330330325325325325
325
3
2
5
32
5325 325325405 420395390405390375395395385385380380380375375375
375375
375
37537037037
0
37
0
400400
380
380
385385370375375375
370385360365 380380380395 395380390390375375385
3853803803
8
0
355355
380355355355375375
375375375
340340340340340340
3403703703703703
5
035035035035035
0 350
365365365365365365365 365365
3
6
0360360360
360
360360360
360
360350350350335335335
335335335335335330330330330
32
0 320405405405405405405405
4104104
1
0
4154103953953953953953
9
5
395395395395
390390390390390390390390
390460
470
45
0
450
475465440445405
405405
405
405
405455435
4354354354354354054
0
5
405415445
445
44044044044
0
430
43
0
430430430430430 415415415415415415 415420420420420420
420425
425
425425425425425 410
410
4
1
0410410410
400
400400400400400400400 40040040040
0
400405
395395395
395400400
400400 3903903903903853853853853853853853853853753753
7
5
375380380380380380380380365370370370370
3
6
0
375 365370340335345360355350
415
410
400 390350340
4
0
0
400400400400 3
9
5
395395395395395395360360385
38538
5385385365365370370 370
370420415415415415415 400400400
4
0
0
4
0
5
405405
4004
10
41041041041040540540540539039039
0
390390 360375375375
375 365380
380380380
355355355350
345 360360360360
3
6
0
360355
355
355 355350 350350350
350350345345
345345
3
4
5 345345340340
340340330
400395
390385390365
350385 385360355380380380
350
360 345345345
375 375375370370
370
365365365365335
335
335350345
345340340340340340335335 335335 335330330
330330 330330
330 330LAWRENCE & VALERIE PARKER
127 HIDDEN MEADOW LANE
SOUTH BURLINGTON, VT 05403
EDWARD S. III & ANN B.
EMERY TRUST
1549 HINESBURG ROAD
SOUTH BURLINGTON, VT 05403
LAURA & FRANCIS
DAVENPORT
1982 HINESBURG ROAD
SOUTH BURLINGTON, VT 05403
MICHELE AUCLAIR,
2000 HINESBURG ROAD, APT 5
SOUTH BURLINGTON, VT 05403
WILD TURKEY DIVIDE, LLC
32 MAIN STREET, SUITE 203A
CHATHAM, NY 12534
DANIEL & WHITTNEY BARKHUFF
166 HIDDEN MEADOW LANE
SOUTH BURLINGTON, VT 05403
RE AND ST COTE
LIVING TRUST
JANUARY 6 2015
654 VAN SICKLEN ROAD
WILLISTON, VT 05495
TAX MAP PROPERTY BOUNDARY
(TYPICAL)
NINA FRISCIA
607 WILLOW BROOK LANE
ST. GEORGE, VT 05495
RANDEE BROWNELL
& JO ANNE LAMARCHE,
4344 SOUTH BROWNELL ROAD
WILLISTON, VT 05495
JULIE LAPOINTE140 HIDDEN MEADOW LANESOUTH BURLINGTON, VT 05403
RICHARD & SUSAN COTE
654 VAN SICKLEN ROAD
WILLISTON, VT 05495
JENNIFER & ROBERT MORWAY
23 TYLER DRIVE
ESSEX JUNCTION, VT 05452
MARC GREENBLATT
14 MOSS GLEN ROAD
SOUTH BURLINGTON, VT 05403
HEATHER M. AUCLAIR
VERMONT LAND
TRUST, INC.
CHESTNUT HILL FARM, LLC
47 HIGHLAND TERRACE
SOUTH BURLINGTON, VT 05403
JENNIFER & ROBERT MORWAY
23 TYLER DRIVE
ESSEX JUNCTION, VT 05452
UVM
BURLINGTON, VT 05401
NOTE:
191 ACRE
PARCEL IS IN
CONSERVATION
0
Feet
Graphic Scale
300 600 900
15°±VT GridMagneticSheet Title
Project Title
Use of These Drawings
Scale:
Project Number:
Date:
Drawn By:
Project Engineer:
Approved By:
No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMENGINEERING SURVEY
No. 8917
CIVILJENNIFER ANN DES
A
UT
ELSSTA TE O F VER
M
ONT
PROF
ESSIONA L E N G INEERL ICE N S E D
Field Book:
1. Unless otherwise noted, these Drawings are intended for
preliminary planning, coordination with other disciplines or
utilities, and/or approval from the regulatory authorities.
They are not intended as construction drawings unless noted
as such or marked approved by a regulatory authority.
2. By use of these drawings for construction of the Project,
the Owner represents that they have reviewed, approved,
and accepted the drawings, obtained all necessary permits,
and have met with all applicable parties/disciplines,
including but not limited to, the Engineer and the Architect,
to insure these plans are properly coordinated including, but
not limited to, contract documents, specifications,
owner/contractor agreements, building and mechanical
plans, private and public utilities, and other pertinent permits
for construction.
3. Owner and Architect, are responsible for final design and
location of buildings shown, including an area measured a
minimum five (5) feet around any building and coordinating
final utility connections shown on these plans.
4. Prior to using these plans for construction layout, the user
shall contact TCE to ensure the plan contains the most
current revisions.
5. These Drawings are specific to the Project and are not
transferable. As instruments of service, these drawings, and
copies thereof, furnished by TCE are its exclusive property.
Changes to the drawings may only be made by TCE. If
errors or omissions are discovered, they shall be brought to
the attention of TCE immediately.
6. It is the User's responsibility to ensure this copy contains
the most current revisions.
PL AN NI NG ENV IRONMENTA L
1 01/24/20 ALDAdd Parcel Conservation Note
PARCEL ID: 0860-01560
& 0860-01800
PROJECT INFORMATION:
1.OWNER OF RECORD: HEATHER M. AUCLAIR
1650 HINESBURG ROAD
SOUTH BURLINGTON, VERMONT 05403
VERMONT LAND TRUST, INC
8 BAILEY AVE
MONTPELIER, VERMONT 05602
2.TAX PARCEL ID: PARCEL ID: 0860-01560 & 0860-01800
3.PHYSICAL ADDRESS 1650 & 1800 HINESBURG ROAD (ROUTE 116)
OF PROPERTY:SOUTH BURLINGTON, VERMONT
4.PARCEL SIZE:
PARCEL ID:0860-01650 0860-01800
EXISTING 0.37 ACRES 194 ACRES
PROPOSED 3.43 ACRES 191 ACRES
EXISTING CONDITIONS NOTES:
1.THE PURPOSE OF OF THIS PLAN IS TO IDENTIFY THE SUBJECT PARCELS AND ADACENT PROPERTIES.
LIMITED SITE FEATURES ARE SHOWN ON THIS PLAN FOR INFORMATIONAL PURPOSES ONLY.
2.OVERALL PERIMETER BOUNDARIES SHOWN HEREON FROM TAX MAP INFORMATION ONLY THIS PLAN DOES NOT
DEPICT A FORMAL BOUNDARY SURVEY.
3.REFER TO PLAT BY TRUDELL CONSULTING ENGINEERS ENTITLED "BOUNDARY LINE ADJUSTMENT PLAT, HEATHER
AUCLAIR & ERNEST N. AUCLAIR FAMILY TRUST, PARCEL ID# 0860-01650 & 0860-1731, VERMONT ROUTE 116,
HINESBURG ROAD, SOUTH BURLINGTON, VERMONT" DATED 03/28/2019
4.WETLAND BOUNDARIES SHOWN ON THIS PLAN ARE FROM THE VERMONT STATE WETLAND INVENTORY (VSWI).
TCE HAS NOT CONDUCTED A WETLAND DELINEATION ON THE SUBJECT PARCELS.
5.TOPOGRAPHIC INFORMATION SHOWN IS BASED ON LIDAR, NOT SURVEY DATA.
PROJECT LOCATION
Overall Site Plan
C2-01
18-001
JAD
Heather Auclair
1650 & 1800 Hinesburg Road
(Route 116)
South Burlington, Vermont
1" = 300'
10/09/2019
85.00'XXXXXXXXXXXW
D-BOXSEPTIC TANK
HOUSE
DRILLED WELL
GRAVEL
DRIVE
GRAVEL
D
R
I
V
E
EXISTING BOUNDARY LINE
(TO BE ELIMINATED)
HEATHER AUCLAIR
0.37 ACRES (EXISTING)
TAX MAP NO. 0860-01650
VERMONT LAND TRUST, INC.
194 ACRES± BEFORE ADJUSTMENT
191 ACRES± AFTER ADJUSTMENT
NOTE: AREAS ARE ONLY LANDS IN
SOUTH BURLINGTON WHICH ARE EASTERLY
OF ROUTE 116 AND NORTHERLY AND
WESTERLY OF
THE MUDDY BROOK
TAX MAP NO. 0860-01800 399392392398397396
396379379381381394394393393374389389373378378377377376376386386385385384384382382383383391391388388387387444442 437437436436434434433433443414
432
41841
8
431431
4314314414324394284284174
1
7
41641643
8
421421429429
429
429409419419427427426426411424424
408
423423410422422 413412LAWRENCE & VALERIE PARKER127 HIDDEN MEADOW LANESOUTH BURLINGTON, VT 05403
JULIE LAPOINTE
140 HIDDEN MEADOW LANE
SOUTH BURLINGTON, VT 05403
OH
OH
OH
OH
OH OHOHOHOHOHOHOHOHOHWOODED
WOODED
EDWARD S. III & ANN B. EMERY TRUST
1549 HINESBURG ROAD
SOUTH BURLINGTON, VT 05403
AREA "A"
3.06 ACRES TO BE ANNEXED TO
TAX MAP NO. 0860-01650
FOR A NEW TOTAL ACREAGE OF 3.43 ACRES
APPROXIMATE
LOCATION OF
EXISTING SEPTIC
SYSTEM AND
ASSOCIATED
INFRASTRUCTURE
APPROX.
LOCATION
SEPTIC EASEMENT
(TO BE ELIMINATED)
DANIEL & WHITTNEY BARKHUFF
166 HIDDEN MEADOW LANE
SOUTH BURLINGTON, VT 05403395 375
38539043544043
0
430415420425178'±35'±70'±354'±
144'±112'±140'±144'±112'±246'±231'±43'±20'±182'±276'±
NOTE:
191 ACRE PARCEL IS IN CONSERVATION
0
Feet
Graphic Scale
30 60 90
15°±VT GridMagneticSheet Title
Project Title
Use of These Drawings
Scale:
Project Number:
Date:
Drawn By:
Project Engineer:
Approved By:
No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMENGINEERING SURVEY
No. 8917
CIVILJENNIFER ANN DES
A
UT
ELSSTA TE O F VER
M
ONT
PROF
ESSIONA L E N G INEERL ICE N S E D
Field Book:
1. Unless otherwise noted, these Drawings are intended for
preliminary planning, coordination with other disciplines or
utilities, and/or approval from the regulatory authorities.
They are not intended as construction drawings unless noted
as such or marked approved by a regulatory authority.
2. By use of these drawings for construction of the Project,
the Owner represents that they have reviewed, approved,
and accepted the drawings, obtained all necessary permits,
and have met with all applicable parties/disciplines,
including but not limited to, the Engineer and the Architect,
to insure these plans are properly coordinated including, but
not limited to, contract documents, specifications,
owner/contractor agreements, building and mechanical
plans, private and public utilities, and other pertinent permits
for construction.
3. Owner and Architect, are responsible for final design and
location of buildings shown, including an area measured a
minimum five (5) feet around any building and coordinating
final utility connections shown on these plans.
4. Prior to using these plans for construction layout, the user
shall contact TCE to ensure the plan contains the most
current revisions.
5. These Drawings are specific to the Project and are not
transferable. As instruments of service, these drawings, and
copies thereof, furnished by TCE are its exclusive property.
Changes to the drawings may only be made by TCE. If
errors or omissions are discovered, they shall be brought to
the attention of TCE immediately.
6. It is the User's responsibility to ensure this copy contains
the most current revisions.
PL AN NI NG ENV IRONMENTA L
1
NOTES:
1.THE PURPOSE OF THIS SITE PLAN IS TO DEPICT THE SUBJECT PARCEL AND
ASSOCIATED WASTEWATER INFRASTRUCTURE. LOCATION OF THE EXISTING SEPTIC
SYSTEM IS APPROXIMATE.
2.NO SITE IMPROVEMENTS ARE PROPOSED AS PART OF THIS PROJECT.
PAVED
DRIVE
VT. RTE. 116~ HINESBURG ROADLEGEND
PROPERTY LINE
VCGI WETLAND LIMIT
FENCE
WATER SUPPLY WELL
UTILITY POLE
OVERHEAD UTILITY
PAVED DRIVE OR ROAD
GRAVEL DRIVE OR ROAD
LIDAR CONTOURS
UNDERGROUND UTILITY
124
OH
UG
X
W
ADJOINING PROPERTY LINE
PARCEL ID: 0860-01560
& 0860-01800
Site Plan
C2-02
Date
18-001
JAD
Heather Auclair
1650 & 1800 Hinesburg Road
(Route 116)
South Burlington, Vermont
1" = 30'
01/24/20 ALDAdd Parcel Conservation Note
85.00'XXXXXXXXXXXD-BOXSEPTIC TANK
HOUSE
DRILLED WELL
GRAVEL
DRIVE
GRAVEL
D
R
I
V
E
EXISTING BOUNDARY LINE
(TO BE ELIMINATED)
HEATHER AUCLAIR
0.37 ACRES (EXISTING)
TAX MAP NO. 0860-01650
VERMONT LAND TRUST, INC.
$&5(6%()25($'-8670(17
$&5(6$)7(5$'-8670(17
NOTE: AREAS ARE ONLY LANDS IN
SOUTH BURLINGTON WHICH ARE EASTERLY
OF ROUTE 116 AND NORTHERLY AND
WESTERLY OF
THE MUDDY BROOK
TAX MAP NO. 0860-01800 399392392398 397396
396379379381381394394393393374389389373378378377377376376386386385385384384382382383383391391388388387387444442 4374374364364344344334334434
1
4
41841
8
431431
4314314414324394284174
1
7
416416
43
8
421421429429
429
429409419419427427426411424424
408
4234
23 410422422 413412LAWRENCE & VALERIE PARKER127 HIDDEN MEADOW LANESOUTH BURLINGTON, VT 05403
JULIE LAPOINTE
140 HIDDEN MEADOW LANE
SOUTH BURLINGTON, VT 05403
OH
WOODED
WOODED
AREA "A"
3.06 ACRES TO BE ANNEXED TO
TAX MAP NO. 0860-01650
FOR A NEW TOTAL ACREAGE OF 3.43 ACRES
APPROXIMATE
LOCATION OF
EXISTING SEPTIC
SYSTEM AND
ASSOCIATED
INFRASTRUCTURE
APPROX.
LOCATION
SEPTIC EASEMENT
(TO BE ELIMINATED)
DANIEL & WHITTNEY BARKHUFF
166 HIDDEN MEADOW LANE
SOUTH BURLINGTON, VT 05403395 37539043544043
0
430415420425
NOTE:
191 ACRE PARCEL IS IN CONSERVATION
0
Feet
Graphic Scale
30 60 90
VT GridMagneticSheet Title
Project Title
Use of These Drawings
Scale:
Project Number:
Date:
Drawn By:
Project Engineer:
Approved By:
No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMENGINEERING SURVEY
No. 8917
CIVILJENNIFER ANN DESA
U
T
ELSSTA TE O F VER
M
ONT
PROF
E
SSIONA L E N G INEERLICE N S E D
Field Book:
1. Unless otherwise noted, these Drawings are intended for
preliminary planning, coordination with other disciplines or
utilities, and/or approval from the regulatory DXWKRULWLHV¬
They are not intended as construction drawings unless noted
as such or marked approved by a regulatory authority.
2. By use of these drawings for construction of the Project,
the Owner represents that they have reviewed, approved,
and accepted the drawings, obtained all necessary permits,
and have met with all applicable parties/disciplines,
including but not limited to, the Engineer and the Architect,
to insure these plans are properly coordinated including, but
not limited to, contract documents, specifications,
owner/contractor agreements, building and mechanical
plans, private and public utilities, and other pertinent permits
for construction.
3. Owner and Architect, are responsible for final design and
location of buildings shown, including an area measured a
minimum five (5) feet around any building and coordinating
final utility connections shown on these plans.
4. Prior to using these plans for construction layout, the user
shall contact TCE to ensure the plan contains the most
current revisions.
5. These Drawings are specific to the Project and are not
transferable. As instruments of service, these drawings, and
copies thereof, furnished by TCE are its exclusive SURSHUW\¬
Changes to the drawings may only be made by TCE. If
errors or omissions are discovered, they shall be brought to
the attention of TCE immediately.
6. It is the User's responsibility to ensure this copy contains
the most current revisions.
P LA NNI NG EN VIR ON M EN T AL
1
NOTES:
1.THE PURPOSE OF THIS SITE PLAN IS TO DEPICT THE SUBJECT PARCEL AND
ASSOCIATED WASTEWATER INFRASTRUCTURE. LOCATION OF THE EXISTING SEPTIC
SYSTEM IS APPROXIMATE.
2.NO SITE IMPROVEMENTS ARE PROPOSED AS PART OF THIS PROJECT.
PAVED
DRIVE
LEGEND
PROPERTY LINE
VCGI WETLAND LIMIT
FENCE
WATER SUPPLY WELL
UTILITY POLE
OVERHEAD UTILITY
PAVED DRIVE OR ROAD
GRAVEL DRIVE OR ROAD
LIDAR CONTOURS
UNDERGROUND UTILITY
124
OH
UG
X
W
ADJOINING PROPERTY LINE
PARCEL ID: 0860-01560
& 0860-01800
Site Plan
C2-02
Date
18-001
JAD
Heather Auclair
1650 & 1800 Hinesburg Road
(Route 116)
South Burlington, Vermont
1" = 30'
01/24/20 ALDAdd Parcel Conservation Note