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Home My WebLink AboutSD-06-09 SD-06-10 - Supplemental - 0250 Autumn Hill Road/�VERMONT AGENCY OF AGRICULTURE, FOOD & MARKETS 116 State Street Montpelier, VT 05620-2901 Vermontagriculture.com April 13, 2015 NOTICE OF REQUEST FOR FARM STRUCTURE SETBACK VARIANCE APPLICANT: Christopher and Janet Ruggerio PROPOSED LOCATION: 250 Autumn Hill Road, South Burlington, Vermont Pursuant to 24 V.S.A. §4413(d) and Section 4.07(d) of the Accepted Agricultural Practices Regulations (AAPs), Christopher and Janet Ruggerio, 250 Autumn Hill Road, South Burlington, Vermont asked the Secretary of the Agency of Agriculture, Food and Markets to approve a setback variance for the construction of a farm structure. The property owner proposes to construct a 48' x 40' building that includes a 500 square foot green house for a flower and herb production business (seed starts, cut flowers and herbs, refrigeration, preparation, storage and packaging of flowers and herbs, and an area to dry flowers and herbs). The structure is proposed within 8 feet of a rear and side property line. The required municipal setback is 10 feet from the side property line and 30 feet from the rear property line, please see the proposed sketch for reference. This is location is preferable to locating within the property's limited production area. The applicant will install a water line to the structure, but there will be no septic connection. The Secretary will consider the applicant's request for a variance from the City's side and rear yard setback requirements, as permitted in Section 4.07 (d) of the AAPs. Please post this Notice in a public place in your municipal office. Any comments or information that a person or the Town would like the Secretary to consider should be addressed to: Charles R. Ross, Jr., Secretary ATTN: Stephanie A. Smith Vermont Agency of Agriculture, Food and Markets 116 State Street Montpelier, VT 05620-2901 Any comments or information must be received by 4:30 p.m. on the seventh business day following receipt of this notice by the municipality. 4000�.VERMO, AGENCY OF AGRICULTURE, FOOD' & MARKETS 116 State Street Montpelier, VT 05620-2901 Vermontagriculture.com Janet and Christopher Ruggerio May 28, 2015 250 Autumn Hill Road South Burlington, VT 05403 RI : 24 V.S.A. §4413 Farm Structure Determination and Setback Variance Approval for Farm Structure Dear Mrs. and Mr. Ruggerio, I reviewed your request for a variance from the City of South Burlington's side and rear yard setback requirement of 10 feet and 30 feet respectively to construct a 48' x 40' structure that includes a 500 square foot green house for a flower and herb production business (seed starts, cut flowers and herbs, refrigeration, preparation, storage and packaging of flowers and herbs, and an area to dry flowers and herbs) at 250 Autumn Hill Road. The proposed setback from both property lines is 8 feet, as shown in the attached plan. You are engaged in fanning as you are involved the the cultiviation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops and the on -site storage preparation and sale of agricultural products principally produced on the faun [AAP Sections 2.05 and 3.21, and construction and maintenance of farm structures [AAP Sections 3.2 (g)]. Finally, the proposed structure meets the Agency's definition of a farm structure. It will be used in connection with the sale of $1,000.00 or more of agricultural products in a normal year [AAP Section 2.06(a)]. The Agency did receive comments from the City of South Burlington. The property is Iocated adjacent to the Scott Nature Preserve owned by the city. Through the Planning Director, Paul Coiner, it requested the installation of a fence or some other property marker to ensure the public had knowledge of what was considered public and private land. The Agency understands that you are working with the City. I approve your request to construct a 48' x 40' structure 8 feet from both the rear and side yard property Iine. This location is best suited for your operation because it provides the greatest solar gain for the proposed greenhouse and does not require removal of existing tree canopy on your property. The AAPs contain a number of other requirements related to farm structures. For instance, the AAPs prohibit the construction of faun structures within a floodway as delineated on National Flood Insurance Maps or within Fluvial Erosion Hazard Zone as designated by a municipal ordinance [see AAP Section 4.07(a)]. If the structures will be constructed in the 100-year floodplain, additional information must be submitted to the Agency in order to ensure that structures are built according to National Flood Insurance Program (NFIP) standards. Also, new structures that are not additions to existing structures must be constructed with a minimum distance of 50 feet between the top of the bank of adjoining surface waters and the farm structure. In addition, if there is disturbance of one or more acres of land, during the construction of an addition, you must obtain authorization from the Agency of Natural Resources under their Construction General Permit. If construction is near a wetland the Natural Resources Conservation Service, U.S. Army Corps of N Engineers, and the Vermont Department of Enviromnental Conservation should be contacted for more information and whether additional approvals are necessary. If you have any questions or concerns, please feel free to contact Stephanie Smith at 802-828-1732. Sincerely, Charles R. Ross, Jr. Secretary of the Agency of Agriculture, Food & Markets cc: Ray Belair, Zoning Administrator, City of South Burlington Silo TopugmphY aw..—�. ENmrums Glffimo- _ � r c "•RnggcriolNewbelryRcsidcncc O = t v 250AulumnHill!told--- �ROJlCT Soulh Burenglon ague steeple.ehase DeslgrnHuiltl Site Surve �m 2,1.15 P.O.Box 125MmIpeOer, VT Y WLS +* E02-980-6Tg2 k } InroQ�eleeptechaeedeslgn.cem 7 Ii:�o l�1b x„ u, Alii Y I.. r• Site Topography n„ ry w.in.rD V..E.rNu.mvnnfu — — _._ro—e-=• —__ ____ --___1_w_+__ n,iaN-N,P-MRu6gcno/Ncwbcrry Residence "W--------r- d 250 Autumn Hill Road-- dSite Survey t 1 ► WEV, South Burlington IWUE Bam 2.1.15 D" �Y V&S Steeple.Chase Oesign.Build P.O. Box 1125 Montpelier, VT 602-999-6792 lnfo@steeplechasedesign.com d t b C LQ ( DEVELOPMENT REVIEW BOAkO March 7, 2006 4. Public Hearing: Preliminary Plat application #SD-06-07 of Allen Road Land Co. to amend a previously approved planned unit development consisting of 44 units on 28.21 acres. The amendment consists of. 1) enlarging the PUD by 5.5 acres, and 2) constructing two multi -family dwellings on the 5.5 acres, 150 Allen Road: Mr. Belair advised that since this application was submitted, staff has become aware of a legal issue which they have been trying to work out between attorneys. He recommended opening the public hearing and continuing it for a few weeks to determine whether the application can go forward. Mr. Dinklage noted receipt of a memo from Christina Jensen, attorney for the applicant. Ms. Jensen was present and asked the Board to hear the application and make a decision. She did not believe there was anything in the regulations requiring an applicant to have ownership of property before going forward. If, however, ownership or control is important, the applicant has a right to add to the PUD, and there is a declaration to this effect. She will present a second document on this tomorrow. Mr. Dinklage stressed that the City Attorney wants more information, so it is appropriate for the Board to continue the application until the City Attorney can review the information which will be recorded tomorrow. Ms. Quimby moved to continue Preliminary Plat #SD-06-07 until 21 March 2006. Mr. Farley seconded. Motion passed unanimously. Public Hearing: Preliminary Plat Application #SD-06-09 and Final Plat Application #SD-06-10 of Charles & Judith Scott to subdivide a 46.2 acre parcel into two 3.0 acre parcels and a 40.2 acre parcel, 250 Autumn Hill Road: Mr. Scott said staff notes are consistent with what they propose to do. He showed a Class 3 wetland and noted that the building envelope will be moved from this area. Mr. Dinklage asked about a possible rec path on the old Jennie Blair Lane. Mr. Scott said he would be opposed to that and indicated that there is a requirement in the Conservation Easement that no trails or paths be within 200 feet of the 3 acre parcels. Mr. Jewett raised the question of whether a right-of-way is shown across the Jewett property. He believes that does not exist. Mr. Belair indicated that this can be removed as it is not relevant to the subdivision. Mr. Belair noted that access to one lot has yet to be determined. The applicant would have to come back to the Board to amend the approval and include such an access before a house can be built on that lot. -2- ( DEVELOPMENT REVIEW BOAL March 7, 2006 Members felt they needed to know more about the terms of the Conservation Easement before making any decision. Specific issues are use or elimination of the easement to the south and specifying the current approved access to lot 5C. Ms. Quimby moved to continue Preliminary Plat #SD-06-09 until 21 March 2006. Mr. Farley seconded. Motion passed unanimously. 6. Site Plan Application #SD-06-07 of Peter Krag for establishment of a 640 sq. ft. accessory residential unit in a detached accessory structure, 250 Spear Street: David Krag gave members photos of the building to be used for an accessory residential unit. Mr. Dinklage noted that no changes are proposed to the existing structure; therefore, it is grandfathered with respect to setbacks. Mr. Belair asked if the applicant planned on having a dumpster on the site. Mr. Krag said no. Ms. Cole asked why this is not warned as a "public hearing." Mr. Belair explained that a site plan does not require a public hearing. He also explained the new State regulations regarding accessory units including the stipulation that one of the units be owner - occupied. Ms. Cole said the owner doesn't live in the house, but his son does. Ms. LaRose noted that the son is listed as an owner of the property on the deed. Ms. Cole said this area is in danger of becoming student housing. Mr. Dinklage said all neighborhoods have this challenge, and there are amendments being prepared to the Zoning Regulations that will seek to address this. These amendments include prohibition of parking on lawns. Mr. Belair said this will be a stand-alone Ordinance, so it can be enforced by the Police. Ms. Quimby then moved to approve Site Plan Application #SD-06-07 of Peter Krag subject to the stipulations in the draft motion. Mr. Kupferman seconded. Motion passed unanimously. 7. Public Hearing: Final Plat Application #SD-06-01 of Pizzagalli Properties, LLC, for a planned unit development consisting of a 54,372 sq. ft. general office building, 192 Tilley Drive: Mr. Bouchard identified a berm which has been added to screen parking. Mr. Belair said the City Arborist will review this when he returns from vacation. Mr. Bouchard said this building will look very similar to the existing building. -3- DEVELOPMENT REVIEW 110 tc 21 MARCH 2O06 They are asking for an 18% parking waiver for a total of 116 parking spaces. Mr. Dinklage asked if this will be adequate. Mr. Llewellyn said this is typical of what they do in other locations. There is also room to get back the 8 additional parking spaces being waived, if necessary. Ms. LaRose said this would allow for more plantings and less asphalt, and if the applicant feels it's enough parking for their clientele, that's OK. Mr. Belair said there are no view issues with respect to height. Mr. Belair noted receipt of an e-mail from the City Attorney regarding the ownership issue. There is still one more piece of information the city needs before the public hearing can be closed. Mr. Dinklage asked why the farm stand is remaining. Ms. Dufresne said it is being used for storage of equipment. Mr. Kupferman asked about buffering for the parking lot. Ms. Dufresne said there will be a vinyl fence with plantings on both sides to screen headlights. Mr. Llewellyn noted that the rec path will be 8 feet wide. Ms. Quimby moved to continue Preliminary Plat SD-06-07 of Allen Road Land Company until 4 April 2006. Mr. Behr seconded. Motion passed unanimously. 0 Continued Public Hearing: Preliminary Plat #SD-06-09 and Final Plat Application #SD-0610 of Charles & Judith Scott to subdivide a 46.2 acre parcel into two 3.0 acre parcels and a 40.2 acre parcel, 250 Autumn Hill Road: Mr. Scott said they have done a survey. They have also removed the 15-foot right-of- way from the Jewett property. Everything that is on the plan is what is on the Scott property. Mr. Belair noted the plan will have to be revised to move a building envelope to accommodate a pond and to revise some wetland delineation. Mr. Scott showed the location of a 200-foot easement where no motorized vehicles will be allowed. Mr. Dinklage asked if the north/south easement could provide access to the 5B lot. Mr. Scott said it cannot. Mr. Belair confirmed that this approval has no access to lot 5B. It is a landlocked lot. If anything is proposed to be built on that lot, the applicant will have to come back to the DRB to discuss an access. -2- DEVELOPMENT REVIEW BOARD 21 MARCH 2O06 Ms. Quimby moved to approve Preliminary Plat #SD-06-09 and Final Plat #SD-06-10 of Charles & Judith Scott subject to the stipulations in the draft motion. Mr. Kupferman seconded. Motion passed unanimously. 5. Continued Public Hearing: Preliminary Plat Application #SD-06-04 and Final Plat Application #SD-06-05 of Stephen Moore for a planned unit development consisting of: 1) a 10,064 sq. ft. mixed use commercial building, 2) a 3100 sq. ft. short order restaurant, and 3) a 5007 sq. ft. mixed use commercial building. The request involves: 1) razing the 5007 sq. ft. building, and 2) constructing a 24-unit multi -family dwelling, 388, 400, and 410 Shelburne Rd: Mr. Moore said this will be a 2-story building on top of parking. Ornamentation originally proposed on top of the building has been removed, so there is no height waiver required. Mr. Belair noted that a few more parking spaces than required are being provided. Mr. Behr said he would prefer the original building design even though it required a height waiver as it was more aesthetically pleasing. He noted this is an entrance to the city and should be a nice looking building. Other members agreed. They felt the only thing over the height limit should be the ornamentation. Mr. Dinklage showed the applicant the drawing of the building that the Board would accept. All of that building meets the height requirement except the ornamentation. An area of 2-way traffic between the 2 buildings was pointed out. The applicant noted they shifted parking and enhanced a treed buffer with the residential property to the east. The area between the sidewalk and the building was shortened to provide the added space. There will be no retaining wall. Members felt the application should be continued to allow a submission of a plan showing the enhanced building design with rooftop ornamentation. Ms. Quimby moved to continue Preliminary Plat #SD-06-04 and Final Plat #SD-06-05 until 4 April 2006. Mr Farley seconded. Motion passed unanimously. 6. Miscellaneous application #MS-06-03 of Mary Provencher to construct a second story addition to a non -complying structure, 45 Central Avenue: Mr. Kupferman stepped down during this application due to a conflict of interest. Ms. Provencher showed the location of the house. She said they want to enlarge the kitchen and upstairs bedroom and will be adding 320 sq. ft. There will be no change to the footprint of the house. -3- SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802) 846-41o6 March 28, 2oo6 John Jewett 197 Autumn Hill Road South Burlington, VT 05403 Re: Scott Subdivision — 25o Autumn Hill Road Dear Mr. Jewett: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Q—* Betsy McDonough South Burlington Planning & Zoning Department CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A..§ 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). I --�) �"-3 )HEARING DATE: a �� I NAME MAILING ADDRESS PROJECT OF INTEREST JA( 114Zf/W-iW �Atl ;�l��l jg[WVVafiV" bhilm l► — W l /1) gd . -h. � 1 W Void VM 4 AQ-54- P0,rfft- fie 04er Pal Ll e�� N- 16U , r3 LtA Y,k ,cwk-�Vj 2-7p 55wKL ► h , 7O,-, Ade C� l CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 23, 2006 Charles & Judith Scott 250 Autumn Hill Road South Burlington, VT 05403 Re: 3 Lot Subdivision Dear Mr. & Mrs. Scott: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on March 21, 2006 (effective 3/21/06). Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records within 180 days (must be submitted by September IS, 2006) of this approval or this approval is null and void. If you have any questions, please contact me. Sincerely, Cathyann LaRose Associate Planner Encl. CERTIFIED MAIL RETURN RECEIPT 7005 1820 0004 9293 8017 { t� CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 15, 2006 Charles & Judith Scott 250 Autumn Hill Road South Burlington, VT 05403 Re: 3-Lot Subdivision Hearing Dear Mr. & Mrs. Scott: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, March 21, 2006 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: South Burlington Development Review 59ard FROM: Cathyann LaRose, Associate Planner � DATE: March 10, 2006 Cc: Charles and Judith Scott, Applicant Scott Subdivision #SD-06-09 Meeting Date: March 21, 2006 At the Development Review Board hearing on March 7, 2006, members of the Board asked the Applicant and Staff to explore several items and report back with additional information. Please find below a summary of those items and all relevant information pertaining to them. 1. Explore the possibility of a recreation path along the southern boundary of the property, whether permitted in the conservation agreement. Staff has examined the conservation agreement relating to this property, known as the Grant of Development Rights and Conservation Restrictions, recreation Path Easements, Option, and Right of First Refusal, and found that Section VI (5) specifies that "the City shall not construct or maintain any improvement, including but not limited to any recreation path or facility, on the Protected Property within two hundred feet (200') of the Current or Future Home Sites..." Staff does not feel that further review by the Recreation Path Committee will be needed as no recreation path may be legally built. 2. Explore the methods and modes of access to the conserved lot (referred to in hearing as "Lot 5c". Staff has examined the conservation easement agreement relating to this property. It specifies that "no motorized traffic.... shall be allowed to use the pathway, except for emergency vehicles for the purpose of maintaining, including snowplowing in the City's discretion or patrolling the pathway." There shall be no vehicular access to this site except as noted here. Access to the property shall be via a pedestrian easement only. Given the resolution of these points, Staff recommends that the Development Review Board approve Preliminary Plat application 4SD-06-09 and Final Plat Application #SD-06-10 subject to the applicant addressing the conditions included in the Findings of Fart and Decision. a SCOTT TO CITY OF SOUTH BURLINGTON GRANT OF DEVELOPMENT RIGHTS AND CONSERVATION RESTRICTIONS RECREATION PATH EASEMENTS, OPTION, AND RIGHT OF FIRST REFUSAL KNOW ALL PERSONS BY THESE PRESENTS that Charles L. Scott, II and Judith S. Scott, of South Burlington, Chittenden County, Vermont, Trustees of the Charles L. Scott 11 Revocable Trust and the Judith S. Scott Revocable Trust on behalf of themselves and their heirs, executors, administrators and assigns (hereinafter together referred to as the "Scotts" or "Grantors"), in consideration of Ten Dollars and other valuable consideration paid to their full satisfaction by the City of South Burlington does freely give, grant, sell, convey, and confirm unto the City of South Burlington, a Vermont Municipality chartered under the laws of the State of Vermont, and its successors and assigns (here inafter"City" or "Grantee") forever, development rights and perpetual conservation restrictions, easements for recreational trails, option to purchase and a right of first refusal, all as more particularly set forth below in a certain tract of land situated in the City of South Burlington, Chittenden County, Vermont, being more particularly described in Schedule A attached hereto and incorporated herein (hereinafter "Protected Property"). The Protected Property shall not include the areas designated as "Current Home Site" or "Future Home Site" on the survey attached hereto as Schedule B and incorporated herein (hereinafter sometimes referred to the "Home Sites") WHEREAS, the Scotts are the owners in fee of certain real property on Autumn Hill Road in South Burlington, Chittenden County, Vermont, which is located in the so-called South East Quadrant of the City between Dorset Street and Hinesburg Road (the "Scott Property"), which has unique aesthetic, recreational, and natural resource values in its - present state; and WHEREAS, the Scott Property contains 46+/- acres (more or less) of land containing their current home site, in open space, agricultural and forestry use, which provides wildlife habitat as well as potential passive recreational opportunities; and WHEREAS, the City by means of its City Comprehensive Plan and its Zoning Bylaws has a goal to preserve designated undeveloped and open space land in the City of South Burlington, especially in the South East Quadrant in order to protect the aesthetic, recreational, cultural, educational, scientific, wildlife habitat and natural resources of the City and to provide additional recreational opportunities to its citizens; and WHEREAS, the conservation of the Scott Property as open space land and the provision of recreational trails is consistent with, and in furtherance of, the City Comprehensive Plan adopted by the City of South Burlington, the regional plan adopted by the Chittenden County Regional Planning Commission, and the purposes set forth in -1- Title 10, Vermont Statutes Annotated, Section 6301; NOW, THEREFORE, The development rights hereby conveyed to Grantee shall include all development rights except those specifically reserved by Grantors herein or granted to Grantee herein and those reasonably required to carry out the permitted uses of the Protected Property as herein described. The conservation easement and restrictions hereby conveyed to Grantee consist of covenants on the part of Grantors to do or refrain from doing, severally and collectively, the various acts set forth below. The easements hereby conveyed to Grantee consist of a grant of rights to install, maintain, repair and/or replace a recreational path on portions of the Protected Property. The grant of an option to purchase the Protected Property is a conveyance of the right of the City to purchase the fee title of the Protected Property. The grant of a right of first refusal is a conveyance of the right of the City to purchase the fee title of the Protected Property and the Current Home Site and Future Home Site under certain circumstances. It is hereby acknowledged that these covenants, easements, option, and right of first refusal shall constitute a servitude upon the land and run with the land. Grantee accepts such covenants, easements, option and right of first refusal subject to the terms of this deed in order to achieve the Purposes set forth in Section I, below. I. Purposes of this Grant. Grantors and Grantee acknowledge that the Purposes of this Grant are as follows (hereinafter "Purposes of this Grant"): 1. To contribute to the implementation of the policies of the City of South Burlington designed to foster the conservation of the City's agricultural, forest, open space, wildlife habitat and other natural resources through planning, regulation, and land acquisition and to provide recreational opportunities and activities to its citizens; 2. The principal objective of this Grant is to conserve the open space, productive agricultural and wood lands, wildlife habitat, passive recreational opportunities and activities, and other natural resource and scenic values of the Protected Property. Grantors and Grantee recognize these open space, agricultural, silvicultural, scenic, wildlife habitat and natural values of the Protected Property and the passive recreational opportunities thereon, and share the common purpose of conserving these values by the conveyance of the conservation restrictions and development rights and by the conveyance of recreational path easements, to prevent the use, fragmentation, or -2- development of the property for any purpose or in any manner which would Conflict with the maintenance of these open space, agricultural, silvicultural, scenic, wildlife habitat and natural resource values. Grantee accepts such conservation restrictions and development rights, easements, option, and right of first refusal in order to conserve these values for present and future generations. 11. Restricted Uses of Protected Property. The restrictions hereby imposed upon the Protected Property, and the acts which Grantors shall do or refrain from doing, are as follows: 1. Except as specifically permitted under this Agreement, the Protected Property shall be used for open space, agricultural, forestry, educational, wildlife habitat and passive recreation purposes only. 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 Agreement. 2. Except as specifically permitted under this Agreement, no rights -of -way, easements of ingress or egress, driveways, roads, utility lines, or easements shall be constructed, developed, or maintained into, on, over, under, or across the Protected Property, without the prior written permission of Grantee. Grantee may grant such permission if it determines, in its reasonable discretion, that any such improvement would be consistent with the Purposes of this Grant, and not adversely affect the open space, agricultural, forestry, educational, wildlife habitat and passive recreation potential or the scenic beauty of the Protected Property. 3. Except as specifically permitted under this Agreement, there shall be no signs, billboards, or outdoor advertising of any kind erected or displayed on the Protected Property; provided, however, that Grantors or Grantee may erect and maintain reasonable signs indicating the name of the Protected Property, boundary markers, or directional signs; the Grantors may erect and maintain signs regarding hunting or trespassing on the Protected Property, memorial plaques, or temporary signs indicating that the Protected Property is for sale or lease; provided they are consistent with the City's Sign Ordinance and the Grantee may erect and maintain signs designating the Protected Property as land under the protection of Grantee. 4. The placement, collection, or storage of trash, human waste, or any other unsightly or offensive material on the Protected Property shall not be permitted by either -3- the Grantee or the Grantor. The storage and spreading of manure, lime, or other fertilizer for agricultural practices and purposes and the temporary storage of trash in receptacles for periodic off -site disposal shall be permitted. 5. Except as specifically permitted under this Agreement, there shall be no disturbance of the surface of the Protected Property 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 the terms of this Grant. In no case shall surface mining of subsurface oil, gas, or other minerals be permitted. 6. Except as specifically permitted under this Agreement, the Protected Property shall not be subdivided or conveyed in separate parcels, without the prior written approval of Grantee, which approval may be granted, conditioned, or denied in Grantee's sole discretion. 7. 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. Grantors and Grantee 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. Grantee therefore, in its sole discretion, may determine whether (a) proposed uses or proposed improvements not contemplated by or addressed in this Grant should be permitted, or (b) alterations_ in existing uses, activities, or structures, are consistent with the purposes of this Grant. 111111. Permitted Uses of the Protected Property. Notwithstanding the foregoing restrictions set forth in Section Il, Grantors 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 in accordance with generally accepted agricultural practices and sound husbandry principles, together with the right to construct, maintain and repair access roads for these purposes; provided, however, that Grantors shall secure the written approval of Grantee of any proposed construction of any access road and for the cutting of any trees for such purposes. Grantee's approval shall not be unreasonably withheld or unreasonably conditioned, provided that the location and use of such access road is consistent with the purposes of this Grant; and provided further that the Grantors shall not disturb any areas which have been or may be identified as wetlands, disturb any rare or endangered plants or cut any trees in the area southeast of the pond, or disturb any of the .19 Grantee's uses within the "Recreational Path Easement Area" 2. The right to conduct maple sugaring operations (but not including the opening of a sugarhouse to the public or the retail sale of maple products) on the Protected Property and the right to harvest firewood for personal use on the Protected Property or on the Current and Future home sites. The right to selectively cut trees on the Protected Property in order to maintain views from the Home Sites to the current pond, the Protected Property and the Green Mountains, such cutting shall be subject to the approval of the Grantee, which approval shall not be unreasonably withheld, and shall be subject to the provisions of 10 V.S.A. Sections 2622 and 2625. 3. The right to construct and maintain barns, sugarhouses, or similar structures or facilities, together with necessary access drives and utilities, on the Protected Property, provided that they are used exclusively for agricultural or forestry purposes, (provided such purposes shall not include the opening of such facilities for the public or for retail sales of agricultural products) and provided further that such construction is approved in writing in advance by Grantee. Grantee's approval shall not be unreasonably withheld or unreasonably conditioned, provided that the structure or facility is located in a manner which is consistent with the Purposes of this Grant and with the City's applicable zoning regulations 4. The right to utilize, maintain, establish, construct, and improve water sources, courses, and bodies within the Protected Property for uses otherwise permitted hereunder provided Grantors obtain the prior written approval of Grantee, which approval shall not be unreasonably withheld or unreasonably conditioned and provided that such improvements are consistent with the Purposes of this Agreement. However the Grantees may withhold approval for any improvements which may alter or disturb the existing pond. The construction of new ponds or reservoirs shall be permitted only upon the prior written approval of Grantee, which approval shall not be unreasonably withheld or unreasonably conditioned provided that such pond or reservoir is located in a manner which is consistent with the Purposes of this Grant. 5. The right to clear, construct, and maintain trails for non commercial passive walking, horseback riding, skiing, and other non -motorized, passive recreational activities within and across the Protected Property provided that such trails have been approved in writing in advance by Grantee. Grantee's approval shall not be unreasonably withheld or unreasonably conditioned, provided that trails are located in a manner which is consistent with the Purposes of this Grant and the uses are consistent with the uses of any trails which are constructed by the Grantee pursuant to the grant of easements for recreational trails as set forth in Section V hereof. 5 6. The right to engage in non commercial, non retail, accessory uses of the Protected Property, as defined by the City's zoning regulations, provided that such uses are related to the principal agricultural, forestry, wildlife habitat and open space uses of the Protected Property, are subordinate and customarily incidental to those principal uses, and are not open to the public, and provided that they are authorized by the applicable zoning regulations of the City. Grantors shall not engage in any such accessory use of the Protected Property without first securing the prior written permission of Grantee, which permission may be withheld if Grantee determines, in its reasonable discretion, that the accessory use would be inconsistent with the Purposes of this Grant. IV. Reserved Rights of Grantors Related to Current Home Site and Future Home Site 1. The City and the Scotts agree that the Protected Property shall not include the areas designated as "Current Home Site" or "Future Home Site" as shown on the Survey attached hereto as Schedule B. If and until a subdivision occurs, the entire Scott Property, including the portion which is the Protected Property, shall remain as a single parcel of land with the fee ownership held by the Scotts. Within the "Current Home Site" the Scotts shall have the right to construct, maintain, repair, renovate, replace, enlarge, rebuild, and use one (1) single family residence, together with appurtenant non-residential structures and improvements, including drives and utilities, normally associated with a residence within the designated building envelope. 2. The Scotts reserve the right to subdivide the "Current Home Site" and/or "Future Home Site" as generally shown on the Survey attached hereto as Schedule B from the remainder of the Scott Property. The lot size for each of the "Current Home Site" and the "Future Home Site" shall be no more than 3 acres, with each having a building envelope of no more than 0.5 acre. The City as Grantee shall reasonably cooperate with the Scotts in the subdivision of the "Current Home Site", "Future Home Site" and/or the "Protected Property", provided the subdivision occurs within ten (10) years of this Grant. If the subdivision does not occur within a ten (10) year period, the Grantee shall forever lose its ability to subdivide the Future Home Site. In the event the "Future Home Site" is subdivided, the Scotts shall have the right to construct, maintain, repair, renovate, replace, enlarge, rebuild, and use one (1) single family residence, together with appurtenant non- residential structures and improvements, including drives and utilities, normally associated with a residence within the designated building envelope. The Scotts shall also have the right to construct, maintain, repair and replace a small pond on the Future Home Site. Except for the reservation of right to subdivide the Property into the "Current Home Site", "Future Home Site" and/or the "Protected Property", the Grantors waive any right to otherwise subdivide the Property and create any additional lots without the consent of the Grantee which may be withheld in its sole discretion. 3. The City and Scotts agree that in the event of a subdivision of the Current Home Site that the access and utilities would be provided from the existing Autumn Hill 0 Road, as shown on the Survey. 4. The City and Scotts agree that in the event of a subdivision of the Future Home Site that the access will be provided, if reasonably possible, along Jenny Blair Lane as shown on the Survey and/or if permission is obtained, over the adjacent lands of Bolduc. If such access is not reasonably possible then access will be provided from the existing Autumn Hill Road and then across the North -South Right of Way as shown on the Survey. Utilities to the Future Home Site would be either provided adjacent to the access location or extending from the Existing Home Site along North -South Right of Way as shown on the Survey 5. The Grantors reserve the right to construct, maintain, repair and use on the Protected Property septic systems and replacement systems and necessary appurtenances for the Current Home Site and Future Home Site as necessary to comply with state and local regulations. Grantors shall use reasonable efforts locating such system and appurtenances within the Home Sites, but if not reasonably possible, then such systems may be located on the Protected Property as close as reasonably possible to the boundaries of the Home Sites. Prior to obtaining permits for such systems located on the Property, Grantors shall obtain the prior written approval of Grantee, which approval shall not be unreasonably withheld or unreasonably conditioned. V. Grant of Easements for Recreational Paths 1. The Grantors hereby grant and convey to the City twenty foot (20') perpetual easements and rights -of -way, for the purpose of constructing and maintaining no more than two wholly separate recreational pathways for public use over, on and through the portion of the Protected Property along the easterly boundary of the Subject Property delineated on the Survey as "Recreational Path Easement Area". The exact location of the easements shall be identified in the future by mutual agreement of the Grantors and the Grantee. For purposes of construction, a temporary easement and right-of-way extending ten feet (10% more or less, on each side of said permanent easements and rights -of -way are hereby granted. Said temporary easements and rights -of -way shall expire once construction is completed and the recreational pathway(s) are opened to the public. Said easements and rights -of -way shall be used by the public as passive recreational, pedestrian, bicycle, and equestrian pathways subject to the condition that no motorized traffic, including but not limited to motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee, or its agents, for emergency vehicles and for the purpose of maintaining, including snowplowing in the City's discretion, or patrolling the pathway. 7 Grantee, its successors and assigns, shall have the right to use said easement area in order to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain, and pave said recreational pathways, including the right to install, maintain, repair, and replace all necessary bridges, culverts, cuts, curbs, and ramps, at its sole cost, expense, and risk. Upon construction of any recreational pathways, the Grantee shall install and maintain signs directing the public to stay on the recreational trails and no trespassing signs so as to discourage the public from entering onto the portion of the Protected Property which lies west of the line delineated on the Survey as "Recreational Path Easement Area". Grantor shall maintain "No Trespassing" signs on the property to the east of said line. By its recording of this deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantors lying outside the scope of this easement and right-of-way disturbed or affected by Grantee's exercise- of the rights granted it hereunder, shall be restored to its condition prior to such entry at Grantee's own cost and within a reasonable time. Grantee acknowledges and agrees that it will defend Grantors from any claims arising from the public's use of the Protected Property, and will indemnify and hold Grantors harmless for any injury or damages resulting from the public's use of Protected Property subject to the limits of Grantee's insurance. Such defense and indemnity shall not apply to any claims which arise as the result of the acts or omissions of the Grantors their successors or assigns. The Grantee agrees that, by the recording of this easement deed, Grantors shall receive the full benefit and protection of 19 V.S.A. Section 2309 and/or similar statutory provisions which may be in force or enacted. V1. Grant of Option to Purchase the Protected Property In the event that the Grantors subdivide the Protected Property from the Current Home Site and/or the Future Home Site, the Grantee shall, at any time thereafter, have the option to purchase the Protected Property in accordance with this Section VI. 1. At any time that the option is effective, the Grantee may provide its notice of intent to purchase the Protected Property. 2. Upon the Grantee exercising its option to purchase, the parties shall enter into good faith negotiations to agree on the fair market value of the Protected Property, as subject to the development and conservation restrictions granted herein. In the event that the parties agree on the fair market value then the parties shall proceed to closing in accordance with terms set forth below. 3. In the event the parties cannot agree to a fair market value within thirty 30 days of the notice of intent to purchase, then the fair market value shall be determined by a "Qualified Appraiser" chosen by the parties and paid equally by the parties. A "Qualified Appraiser" shall mean any individual who is then a member in good standing of the American Institute of Real Estate Appraisers (Designated M.A.I.) or the Society of Real Estate Appraisers with experience appraising 8 conserved properties in Chittenden County. The determination to be made by the appraiser shall be the fair market value of the Protected Property (i.e., the Property subject to the developments and conservation restrictions granted herein). 4. Grantee shall have a period of ninety (90) days after receiving a copy of the appraisal prepared by the Qualified Appraiser to decide whether to exercise its option to purchase or waive the option to purchase at such appraised price. Within such 90 day period, Grantee shall deliver its decision in writing to Grantors. If such written notice is not provided within such 90 day period then Grantee shall have waived such option forever and it shall be and become null and void. 5. The sale shall occur within thirty 30 days of the parties agreeing to the fair market value or of the Grantee notifying the Grantors of its intent to purchase at the appraised price. The Premises shall be conveyed by warranty deed of the Protected Property, subjectto those matters set forth herein and to the following conditions: (1) the City shall not construct or maintain any improvement, including but not limited to any recreational path or facility, on the Protected Property within two hundred feet (200') of the Current or Future Home Sites (2) the owners and occupants of the Home Sites, their guests and invitees, shall have the right to access and use the existing pond for passive recreational purposes. As of the closing date, all property taxes or other municipal charges attributable to the Protected Property shall be prorated. Apportionments shall be in accordance with the then -prevailing practice in South Burlington, Vermont. Each party shall be responsible for its own costs of recording documents. The Seller will also provide a Vermont Property Transfer Tax Return and the purchaser wil I be responsible for the tax, if any. The Sel ler wil I be responsible for providing a Land Gains Tax Return and will be responsible for that tax, if any. 6. In the event that the City exercises its option and purchases the Protected Property, it shall be named and designated as "The Scott Nature Preserve". Vll. Grant of Right of First Refusal For the purposes of this Section VII, (1) the Protected Property, as a separate parcel or as part of a parcel containing the Current Home Site and/or the Future Home Site and/or (2) the Future Home Site prior to the construction of any improvements, are jointly and severally referred to as the "ROFR Properties" In the event that Grantors ever offered for sale the ROFR Properties, except as provided herein, the City shall have a right of first refusal in accordance with this Section Vll. 1. Grantors covenant and agree they shall not sell, transfer or convey all or any portion of the Protected Property as a separate parcel or as part of a parcel containing the Current Home Site and/or the Future Home Site, or the Future Home Site as a separate parcel prior to any improvement, to any person other than the Grantee until Grantors comply with the provisions of this instrument by first offering to sell the such property, or so much thereof as Grantors desire to sell, S !, transfer or convey, from time to time, to Grantee at the price and on the same terms and conditions as a bona fide offer made or received by Grantors, which the Grantors are willing to accept. 2. Grantors, forthwith upon receipt of one or more bona fide offer(s), from time to time, to purchase the whole or any portion of the Protected Property as a separate parcel or as part of a parcel containing the Current Home site and/or Future Home Site which Grantors have or are prepared to accept, shall give Grantee a copy of the written offer including all of the terms and conditions of such offer (the "Notice of Offer"). An offer made to Grantors including one or more conditions precedent or contingencies, shall be deemed a bona fide offer for the purposes of this right of first refusal. Grantee shall have the option to waive such conditions precedent or contingencies at the time of exercise, or Grantee may elect to have the benefit of such conditions. 3. Upon receipt of a Notice of Offer from Grantors, Grantee shall exercise this right of first refusal, if at all, by giving Grantors written notice of Grantee's exercise (the "Notice of Exercise"), within thirty (30) days of receipt of the Notice of Offer. 4. Grantee's rights hereunder shall be forever barred and terminated as to so much of the Property as has been offered to Grantee pursuant to a proper Notice of Offer complying in all respects with the terms of this Agreement, in the event Grantee: (1) affirmatively declines to purchase the property described in the Notice of Offer on the terms and conditions offered, or (2) fails to exercise Grantee's rights hereunder within the thirty day period specified in Section 3 above. Upon termination of this right of first refusal, Grantee shall execute such documents or instruments as Grantors may reasonably request to evidence the termination of this right of first refusal as applied to the portion of the Property described in the Notice of Offer. Further, Grantee's rights hereunder shall be forever barred and terminated as to the Property in the event Grantee elects, pursuant to a Notice of Offer, but subsequently does not purchase such property for any reason (including, but not limited to, the failure of any conditions or contingencies set forth in such Notice of Offer) except if such failure is the result of Grantors' failure to comply with the terms of Notice of Offer. 5. This right of first refusal shall commence on the date of the execution of this Agreement by the Grantors. 6. If Grantee exercises Grantee's right to purchase the property described in the Notice of Offer, Grantors and Grantee shall each comply with the terms and provisions of the contract created by Grantee's acceptance of the terms contained in the Notice of Offer. All of the terms and conditions contained in the Notice of Offer shall be a part of the contract so formed, except, the closing date shall not be sooner than sixty (60) days after the date of Grantee's acceptance of the terms set forth in the r Notice of Offer. 7. It is expressly understood and agreed that the provisions of this Section VIl of the Agreement shall not apply to W a mortgagee of any or all of the Scott Property (ii) the 10 conveyance of an interest to any member of the Grantors' family as defined in section IX(7) herein (iii) the conveyance of an interest to Vincent L. or Allyson M. Bolduc so long as either owns property adjacent to the Scott Property or (iv) to the Current Home Site. Following an exempt transfer, the Protected Property shall remain subject to this right of first refusal in the hands of the transferee. Vlll. Enforcement of the Restricti Grantee shall make reasonable efforts from time to time to assure compliance by Grantors with all of the covenants and restrictions herein. In connection with such efforts, Grantee may make periodic inspection of all or any portion of the Protected Property, and for such inspection and enforcement purposes, Grantee shall have the right of reasonable access to the Protected Property. In the event that Grantee becomes aware of an event or circumstance of non-compliance with the terms and conditions herein set forth, Grantee shall give notice to Grantors of such event or circumstance of non-compliance via certified mail, return receipt requested, and demand corrective action 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, Grantors shall reimburse Grantee all reasonable costs, including staff time, incurred in investigating the non-compliance and in securing its correction. Failure by Grantors to cause discontinuance, abatement, or such other corrective action as may be demanded by Grantee within a reasonable time after receipt of notice and reasonable opportunity to take corrective action shall entitle Grantee 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 Grantee to corrective action on the Protected Property, if necessary. If such Court determines that Grantors have failed to comply with this Grant, Grantors shall reimburse Grantee for any reasonable costs of enforcement, including Grantee's staff time, court costs, and reasonable attorneys' fees, in addition to any other payments ordered by such Court. In the event that Grantee initiates litigation and the court determines that Grantors have not failed to comply with this Grant and that Grantee has initiated litigation without reasonable cause or in bad faith, then Grantee shall reimburse Grantors for any reasonable costs of defending such action, including court costs and reasonable attorneys' fees. 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 Grantee to such equitable relief including, but not limited to, injunctive relief, as the Court deems just. The remedies described herein - 11 - are in addition to, and not in limitation of, any other remedies available to Grantee at law, in equity, or through administrative proceedings. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantors shall impair Grantee's 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, where the event or circumstance of non-compliance shall have occurred after said prior owner's ownership or control of the Protected Property has terminated. IX. Miscellaneous Provisions. 1 . Where Grantors are required, as a result of this Grant, to obtain the prior written approval of Grantee before commencing an activity or act, and where Grantee has 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 Grantee. Grantors shall reimburse Grantee or Grantee's designee for all extraordinary costs, including staff time, incurred in reviewing the proposed action requiring Grantee's approval; but not to include those costs which are expected and routine in scope. When Grantee has authorized a proposed action requiring approval under this Grant, Grantee shall, on request, provide Grantors with a written certification in recordable form memorializing said approval. 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, shall be in accordance with all applicable ordinances, statutes and regulations of the City of South Burlington and the State of Vermont. 3. Grantee may transfer the conservation easement and restrictions conveyed by Grantors herein only to a qualified conservation organization that agrees to enforce the conservation Purposes of this Grant, in accordance with the regulations established by the Internal Revenue Service governing such transfers. 4. In the event the conservation restrictions conveyed to Grantee herein are extinguished by eminent domain or other legal proceedings, Grantee shall be entitled to any proceeds which pertain to the extinguishment of Grantee's rights and interests. Any proceeds from extinguishment shall be allocated between Grantors and Grantee using a ratio based upon the relative value of the development rights and conservation restrictions, and the value of the fee interest in the Protected Property encumbered by this Grant, as determined by a Qualified Appraisal agreed to by the parties. -12- 5. In any deed conveying an interest in the Protected Property, Grantors shall make reference to the conservation easement and restrictions described herein and shall indicate that said easement and restrictions are binding upon all successors in interest in the Protected Property in perpetuity. Grantors shall also notify Grantee of the name(s) and address(es) of Grantors' successor(s) in interest. 6. Grantee shall be entitled to re-record this Grant, or to record a notice making reference to the existence of this Grant, in the City of South Burlington Land Records as may be necessary to satisfy the requirements of the Record Marketable Title Act, 27 V.S.A., Chapter 5, Subchapter 7, including 27 V.S.A. §§603 and 605. 7. The term "Grantors" shall include the heirs, executors, administrators, successors and assigns of the original Grantors, Charles and Judith Scott, Trustees of the Charles L. Scott II Revocable Trust and the Judith S. Scott Revocable Trust, of the City of South Burlington, Chittenden County, Vermont. The term "Grantee" shall include the successors and assigns of the original Grantee, the City of South Burlington. The term "family" includes (a) the Grantors' parents or siblings, the Grantors' children, the Grantors' grandchildren, and the spouses of the Grantors' siblings, children, or grandchildren (b) a corporation, partnership or other entity which is wholly owned and controlled by Grantor or Grantors' family (as defined herein), (c) any estate of Grantor or Grantors' family, and (d) all owners of a Grantor corporation, partnership, trust or other entity who are family members as described above. INVALIDATION of any provision hereof shall not affect any other provision of this Grant. TO HAVE AND TO HOLD said granted development rights, conservation and restrictions, easements, option, and right of first refusal with all the privileges and appurtenances thereof, to the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoof forever, and the said Grantors, Charles L. and ►udith S. Scott, of South Burlington, Chittenden County, Vermont, Trustees of the Charles L. Scott II Revocable Trust and the Judith S. Scott Revocable Trust, for themselves, and their heirs, administrators and assigns, do covenant with the said Grantee, its successors and assigns, that until the ensealing of these presents, they are the sole owners of the premises and have good right and title to convey the same in the manner aforesaid, that the premises are free from every encumbrance, except those of record, and they hereby engage to warrant and defend the same against all lawful claims whatever. - 13 - IN WITNESS WHEREOF, we set our hands and seals this 5`h day of November 2004. Signed, sealed and delivered In The Presence Of: GRANTOR: Judith S. Scott Revocable Trust Charles L. Scott 11 Revocable Trust Witness Judith S. Scott, Trustee Signed, sealed and delivered In The Presence Of: Witness STATE OF VERMONT CHITTENDEN COUNTY, ss. GRANTOR: Charles L. Scott II Revocable Trust Judith S. Scott Revocable Trust By: �,✓ Charles L. Scott, II, Trustee At South Burlington, this 5th day of November, 2004, Judith S. Scott, of South Burlington, Chittenden County, Vermont, personally appeared and she acknowledged this instrument, by her sealed and subscribed, to be her free act and deed, and the free act and deed of the Charles L. Scott, II Revocable Trust and the Judith S Scott Revocable Trust before me. Notary Public My commission expires: 2/10/07 -14- STATE OF VERMONT CHITTENDEN COUNTY, ss. At South Burlington, this 5th day of November, 2004, Charles L. Scott, II, of South Burlington, Chittenden County, Vermont, personally appeared and he acknowledged this instrument, by his sealed and subscribed, to be his free act and deed, and the free act and deed of the Judith S Scott Revocable Trust before me. Notary Public My commission expires: ±2/10/07 -15- SCHEDULE A PROTECTED PROPERTY Being a portion of the same lands and premises conveyed to Grantors by the following deed recorded in the South Burlington Land Records: Being all the same lands and premises as conveyed by Josephine H. Stead to Charles L Scott II and Judith S. Scott by Warranty Deed dated September 5, 1984 and recorded in Voume 209 at Page 98 of the South Burlington Land Records. Also being all the same lands and premises as conveyed by Charles L Scott Il and Judith S. Scott to Charles L Scott II and Judith S. Scott as Trustees of the Charles L Scott 11 Revocable Trust by Warranty Deed dated May 11, 1994 and recorded in Voume 362 at Page 423 of the South Burlington Land Records and all the same lands and premises as conveyed by Charles L Scott II and Judith S. Scott to Charles L Scott 11 and Judith S. Scott as Trustees of the Judith S. Scott Revocable Trust by Warranty Deed dated May 11, 1994 and recorded in Volume 362 at Page 428 of the South Burlington Land Records. The Property is shown on the "Plat of Grant of Development Rights & Conservation Restrictions on lands of Judith S. Scott and Charles L. Scott 11 Autumn Hill Road South Burlington, VT" by Harris Surveying and Dispute Resolution, Hinesburg, Vermont dated September 17, 2004 (the "Survey") The Protected Property does not include the following parcels of land: 1. The three acre parcel labeled Current Home Site 2. The three acre parcel labeled "Future Home Site". 3. Any grant of any easements of rights of way over, upon or under Autumn Hill Road, Jennie Blair Lane or the North -South Right of Way. (It is recognized the Grantee may have rights or easements by virtue of other deeds or plans but this grant shall not be interpreted to convey any additional rights to Grantee over, upon or under Autumn Hill Road, Jennie Blair Lane or the North -South Right of Way. ) -16- SCHEDULE B Reference is made to the "Plat of Grant of Development Rights & Conservation Restrictions on lands of Judith S. Scott and Charles L. Scott II Autumn Hill Road South Burlington, VT" by Harris Surveying and Dispute Resolution, Hinesburg, Vermont dated September 17, 2004 (the "Survey"), which is recorded at Map Plat_ in the City of South Burlington Land Records. Doc. # 6625 -17- VERM NT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1409 (PLEASE TYPE OR PRINT CLEARLY) A SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO.(S) OR FEDERAL IDENTIFICATION NO. Charles L. Scott, II and Judith S. Scott, 250 Autumn Hill Road Trustees of the Charles L. Scott II South Burlington, VT 05403 011.38-6518 Revocable Trust and the Judith S. Scott 32642.9406 Revocable Trust B BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO.(S) OR City of South Burlington 575 Dorset Street FEDERAL IDENTIFICATION NO. South Burlington, VT 05403 C PROPERTY LOCATION (Address in full) D DATE OF CLOSING 250 Autumn Hill Road, South Burlington, VT 05403 11/5/04 E INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. ❑ UNDIVIDED Y: INTEREST S. ❑ TIME-SHARE 7. 0 DEVELOPMENT RIGHTS AND EASEMENT 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED _% INTEREST 6. ❑ LEASE 8. ❑ OTHER F LAND SIZE (Acres or fraction G SPECIAL FACTORS: HAVE DEVELOPMENT RIGHTS BEEN CONVEYED NO X YES thereof) WAS SALE BETWEEN FAMILY MEMBERS X NO YES STATE RELATIONSHIP FINANCING: ❑ CONVENTIONAL/BANK--M OWNER/FINANCING ❑ OTHER H BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY): DEVELOPMENT RIGHTS AND EASEMENT I. ❑ NONE 5. ❑ FARM BUILDINGS 9. ❑ STORE 2. Cl FACTORY 6. ❑ MULTI -FAMILY WITH UNSERTNUMBERIDWELIINCUNITS 10. [ OTHER TRANSFERRED DESCRIBE: 3. ❑ SINGLE FAMILY DWELLING 7. ❑ MOBILE HOME YEAR MAKE SER. NO. 4. ❑ CAMP/VACATION HOME 8. ❑ CONDOMINIUM WITH (INSERTN BER) UNITS TRANSFERRED CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE I PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP/VACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL (RETAIL AND OFFICE) DESCRIBE 2. 21OPFN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. OTHER --------- -- DESCRIBE J PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP/VACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL/INDUSTRIAL DESCRIBE 2. x❑OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. OTHER DESCRIBE WAS PROPERTY PURCHASED BY TENANT X NO YES DOES BUYER HOLD TITLE TO ANY ADJOINING PROPERTY X NO YES ❑ K CURRENT USE VALUE PROGRAM: IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER THE AGRICULTURAL AND MANAGED FOREST LAND USE VALUE PROGRAM CHAPTER 124 OF 32 V S.A. ❑ YES ❑x NO L IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N, AND O BELOW. 2 M TOTAL N PRICE PAID FOR O PRICE PAID FOR PRICE PAID $770,000 PERSONAL PROPERTY �L0 REAL PROPERTY 770 000 STATE TYPE OF PERSONAL PROPERTY: IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE, PLEASE DESCRIBE: N/A MAKE CHECKS PAYABLE TO: VERMONT DEPARTMENT OF TAXES P TAX DUE: Enter amount COMPLETE RATE SCHEDULE FOR ALL TRANSFERS from Tate schedule on reverse $ -0- side. Q DATE SELLER ACQUIRED. July 9, 1996 R 1F A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET 1 and 6 (CONTINUED ON REVERSE SIDE) THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN/CITY _ _ _ ACKNOWLEDGMENT TOWN/NUMBER DATE OF RECORD RETURN RECEIVED (INCLUDING CERTIFICATES AND BOOK NUMBER PAGE NO. _ ACT 250 DISCLOSURE STATEMENT) AND TAX PAID LIST VALUE 5_ GRAND LIST YEAR OF _ PARCEL ID NO _ SIGNED _ CLERK GRAND LIST CATEGORY DATE FORM PT-1 (8i02) RATESCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See instructions) 1. .................................. ......................... a. $ b. Value of property enrolled in current use program ......................................................................... ......................... .... b. $ c. Value of qualified working farm ............................................................................................ ......... .. ........ c. $ d. Add Lines la, b and c................................................................................................ ......... ............................... ..d. $ e. Tax rate................................................................................. f. Tax due on Special Rate Property: Multiply Luce I by Line le ............................ .......................... ............................... f $ 2. Tax on General Rate Property: a. Enter amount from Line O on front of return ................................................................................................................ a. $ b. Enter amount from Line 1 d of Rate Schedule above .......................................... ....................... .. .............................. b.$ c. Subtract Line 2b from Line 2a............................................................................................................................. ......c. $ d. Tax rate............................................................................................................................................ ..... d.. e. Tax due on General Rate Property: Multiply Line 2c by Line 2d.................................... ............................ .................. e $ 3. Total Tax Due: Add Lines if and 2e and enter here and on line P on front of return ........... ....................... ............ .............................. ...... $ N/A LOCAL AND STATE PERMITS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: N/A Development Rights and Easement A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations, subdivision regulations and wastewater system and potable water supply rules under Chapter 64 of Title 10 pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the wastewater system and potable water supply rules of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Permit No. and is in compliance with said pennit, or 2. This property and any retained parcel is exempt from the wastewater system and potable water supply rules because (see instructions for exemptions): a. Parcel to be sold: Exemption Number b. Parcel retained: Exemption Number Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No. as amended and, TO THE BEST OF SELLER'S KNOWLEDGE, is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from line D in instructions): E. That this transfer does not result in a partition or subdivision of ]and. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk (see Line E instructions). WITHHOLDING CERTIFICATION Buyer(s) certifies that Vermont income-tax has been withheld from the purchase price and will be remitted to the Cormmissioner of Taxes with Form RW-171 within 30 days from the transfer, OR that the transfer is exempt from Income tax withholding for the following reason (check one): 191. Under penalties of perjury, seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale. ❑ 3. Buyer(s) certifies that this is a transfer without consideration. (See instructions for Form RW-171.) 114. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee in a foreclosure or transfer in lieu of foreclosure, with no additional consideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE. SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE Charles L. Scott, 1I, Trustee of the Charles L. Scott II City of South Burlington Revoca e u and J it S t v able Trust By: Judith S. Scott, Trustee of the Charles L. Scott II r Revocable Trust and �ie Judith S. Scott Revocable Trust R I, . ' `q Preparer makes no certification as to the accuracy of the statements set forth in this return. Prepaier's Signature'/ Prepared by Liam L. Murphy Preparei's Address 275 College Street, Burlington, VT 05401 Buyer's Representative Tel (Print or Type) Preparer makes no certification as to the accuracy or completeness of the information. Keep a copy of this return for your records Doc. #6879 � C CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 28, 2006 Charles & Judith Scott 250 Autumn Hill Road South Burlington, VT 05403 Re: 3-Lot Subdivision Hearing Dear Mr. & Mrs. Scott: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, March 7, 2006 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, � C Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 February 15, 2oo6 Ernest Auclair 165o Hinesburg Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in the Seven Days. It includes an application for development that abuts your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. Ck�o,, n uFc L l a3a �5ot fl�iur��4�1��d hb �ry�Q��- Clucl� i3ekh��e1 1�5o t-��v�Psb.� P�C 17) ABUTTING LANDOWNERS — please list abutting landowners, including those across any streets. You may attach a separate sheet. J4 (, L F2-0 ei^ )J,141 1?0� • u.� Z7 Pta-- Ck�s ��,Fc GZaP ; �?� �� ac - Cl,eesrrit�J Uz K 16) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Do not write below this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: Complete ❑ Incomplete Director of Planning &. Zoning or Designee Date 4 ascription lenses, Sunday Church Street near City reward. Call802-343- ave message or email Dbox83.com. ): Lost black -and -white ng hair and a small nick p of one ear. Please call 502-849-9801. SHOPPING 2/05 at MS and Adidas, 11 YO ino Ipod she saved all If found please call -5866. Thank you. sic for sale I RECORDING GEAR: card, Sony DAT, Fostex Pax sampling keyboard, !, Alesis sequencer, DOD .or, RCA cords, etc. Best any/all. 802-864-7740. 100-50 watt, 2-12" ip, (mts3200). Almost 0. Mesa boogie DC3, 50 12" $450. 802- r WAH pedal GCB-95. -227-7632. IT: Pearl Export series, ,iece kit w/instructionat Ping key, sticks. Bass, mounted tom, snare, ibol. $450/OBO. 802- C UKULELE. Like -new i. $250/firm. Call Matt s, 802-238-0470. BASSMAN: 100 Bass eds a little work, call s. $150. Leave message, 0525. BLUES junior amp. dition. 15 watt, all ks great. Selling to a amp. $250. CalL Matt, 4770. JAZZ BASS. I think it around 2000. Black, :ondition! $350. 802- TWIN AMP, 100 watt; lanufactured in 2001. ly used. Great for gig- iply practicing, has t Fender tone! $650. 3698. :ASE FOR Les Paul ar. Asking $50. Mackie lard dfx6 $100. 802- ID: Hohner PSK 50. ition in original box $55/OBO. Must sett. U60. IUIPMENT. Ibanez RG guitar. $50. Digitech s processor w/expres- 1 and new power sup- 3oth good cond. Eric, '480. KEYBOARDS: Crumar ltivox Organ/Synth, ino, E-Max Digital Pe really cool sounds! on any/aLL. 802- CELEBRITY CC67, ,Lectric guitar. :ondition, sounds d shell case. . 802-985-1180. 737 Baby Grand piano good home. $1000. Jetails, good sound. 848. Adwin, dark oak, - hanrh Grant rnndi- uuluvl ., �ullc uGIIU, LUI I'""IL, former Advance Guitar Summit winner. Convenient Pine St. to( tion.802-598-8861, www.arambedrosian.com. CLAW HAMMER BANJO: Learn Appalachian -style pickin' and strummin'. Emphasis on rhythm, musicality and technique. $25/hour. Call Mara, 862-3581. GUITAR: Berktee graduate with classical background offers Les- sons in guitar, theory and ear training. Individualized, step-by- step approach. I enjoy teaching all ages/styles/levels. Call Rick Belford, 864-7195. GUITAR INSTRUCTION: ALL styles/levels. Emphasis on devel- oping strong technique, thor- ough musicianship, personal style. Paul Asbell (Unknown Blues Band, Kilimanjaro, Sneakers Jazz Band, etc.), 862- 7696, www.paulasbett.com. ► music services COSMIC HILL project recording studio. 30-years experience. $40/hour. Moretown. 496-3166. PA SYSTEM AND SOUND MAN available for bands and events. Have over 25 years experience running PAs for my own bands. Also have the very hottest key- boards available for the big gig and I can fill in for you if you need keyboards to round out your sound. Call Bob, 802-318- 6874, email bberman@ttigtob aLcom for more information. WHICH STUDIO? The one with huge rooms, Pro Tools HD3, Yamaha Grand Piano and tons more! The professional studio. Egan Media Studios. www.egan media.com. ► musicians wanted 60S/70S ROCK GROUP Looking for bassist and guitarist, prefer- ably with vocal. Attitude and straightforward style important. Call Bob at 802-863-1570. ATTENTION ORIGINAL BANDS: Submissions now being accepted for the sixth annual Block Island Music Festival. Check www.block islandmusic.com for details. DRUMMER WANTED for blues/classic rock practice band. 1 gig/year, drum kit provided. Underhill area. Contact Mark via email markmiL@usadatanet.net. LOOKING FOR someone to sing/scream for heavier rock band. Demos posted on myspace.com/dentatamare. Call John, 802-985-8397. MULTITALENTED MUSICIAN looking for other musicians for creative get-togethers. Have place to play, equipment, etc. Call Chris, 527-0068, St. Albans. NEW BAND? Looking for a place to play out? Call. The Backstage, Essex Junction, 802-878-5494. PORTUGAL TOWERS is a metal band in Burlington Looking for a vocalist. Demo available at www.portugattowers.com. Email vocalist@portuga[towers.com or call Ben at 774-254-3464. WE NEED A BASS PLAYER. Our group needs a serious and caacnnarl hnccict Ula - vvxivanm: war pup in Vermont. Pup will be loved and kept as a family pet. Please email us at debswaysonly@yahoo.com. / photography MODELS WANTED: Looking for a few aspiring female models interested in the commercial/ fashion industry. Must be between 15 and 30 and have a very good complexion. Unique opportunity for free portfolio, experience and help breaking into the industry. Contact David Russell Photography, 802-373- 1912, email rusldp@juno.com, web http://www.rusLdp.com. ► professional Svcs. AFFORDABLE AUTO REPAIR: Rust, accidents, painting, exhaust, brakes, cooling systems, tune-ups. Free estimates. $35/hour. Call Paul, 338-2834. HOME SERVICES: Home mainte- nance, house check and deliver- ies. Organizing and seasonal duties. Caring, competent local guy. Senior discount $15/hour. Chittenden County only. Call B at 802-233-1126. OLD-FASHIONED COOK. I'll meal plan, grocery shop and pre- pare 3-7 freezer -ready meals in your home. Greater Burlington area. Call Sally, 802-87$-5866. ► services wanted LOOKING FOR SOMEONE to either teach me to sew, (I have a sewing machine) or to make shirts for me. 802-658-7755. ► stuff wanted IS YOUR Body Blade Classic col- lecting dust? I want it. Cash - poor girl looking to get in shape. 802-233-6966 leave message. ► want to buy ANTIQUES: Furniture, postcards, pottery, cameras, toys, medical tools, lab glass, photographs, slide rules, license plates and silver. Anything unusual or unique. Cash paid. Call Dave at 802-859-8966. ► legals NOTICE OF OFFICIAL BID The Clinton -Essex -Franklin Library System is accepting bids for 1991 Thomas Bookmobile Model M90 with 3028 Cat engine/MT 643 Allinson trans- mission. Body is equipped with two air conditioners, three elec- trical space heaters, Onan 10kw generator, wood shelving. Seated bids must be clearly marked "Official Bid" and mailed or hand delivered to the CEF Library System 33 Oak Street, Plattsburgh, NY 12901 by noon on Friday, February 24. Official public bid opening at System 3:00 p.m. on February 24. For information, contact Julie Wever at 518-563-5190 x 18. OPENINGS BURLINGTON CITY March 22, 2006. Applicants must be nomin ',y a member of the City Cou , be consid- ered for a position; a list of Council members is also avail- able at .the Cterk/Treasurer's Office. Please call the Clerk/Treasurer's Office at 865- 7136 for further information. PUBLIC HEARING SOUTH BURLINGTON DEVEL- OPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 7, 2006 at 7:30 P.M. to consider the following: Copies of the applications are available for public inspection at the South Burlington City Hall. 1. Preliminary plat application #SD-06-07 of Allen Road Land Co. to amend a previously approved planned unit develop- ment consisting of 44 units on 28.21 acres. The amendment consists of: 1) enlarging the PUD by 5.5 acres, and 2) constructing two (2) 31 unit multi -family dwellings on the 5.5 acres, 150 Allen Road. 2. Preliminary plat application #SD-06-09 and final plat applica- tion #SD-06-30 of Charles & Judith Scott to subdivide a 46.2 acre parcel into two (2) 3.0 acre parcels and a 40.2 acre parcel, 250 Autumn Hit[ Road. 3. Application #CU-06-01 of Brad Rabinowitz for conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is to allow a 1150 sq. ft. existing structure to be used as a caretaker residence and storage for an animal shelter, 142 Kindness Court. 4. Final plat application #SD-06- 11 of Pizzagalli Properties, LLC, for a planned unit development consisting of a 54,372 sq. ft. general office building, 192 Tilley Drive. John Dinklage, Chairman South Burlington Development Review Board February 15, 2006 STATE OF VERMONT CHITTEN- DEN SUPERIOR COURT CHITTENDEN COUNTY, SS. DOCKET NO. Mortgage Electronic Registration Systems, Inc., as nominee for Aegis Lending Corporation, Plaintiff v. Alexander Pankratov, Ilona Pankratova, Burlington Realty And Occupants residing at 201 Park Street, Burlington, Vermont Defendants REVISED SUMMONS & ORDER FOR PUBLICATION TO THE ABOVE NAMED DEFENDANT: Alexander Pankratov You are hereby sum- moned and required to serve upon Joshua B. Lobe, Esq., plaintiffs attorney, whose address is P.O. Box 4493, 35 King Street, Burlington, Vermont 05406, an Answer to plaintiffs Complaint in the above entitled action within forty-one (41) ,i.vc nftar +ha ,1,+...F the Vi. attorney. If you feet that you cannot afford to pay an attor- ney's fee, you may ask the clerk of the Court for information about places where you may seek legal assistance. Ptaintiffs action is a Complaint in Foreclosure which alleges that you have breached the terms of a Promissory Note and Mortgage Deed dated April 10, 2004. Plaintiffs action may effect your interest in the property described in the Land Records of the City of Burlington at Volume 866, Page 488. The Complaint also seeks relief on the Promissory Note executed by you. A copy of the Complaint is on file and may be obtained at the Office of the Clerk of the Superior Court for the County of Chittenden, State of Vermont. It appearing from Affidavit duty filed in the above entitled action that service cannot be made with due diligence by any of the methods prescribed in V.R.C.P. 4(d) through (f) inclu- sive, it is hereby ORDERED that service of the above process shall be made upon defendant, Alexander Pankratov, by publica- tion pursuant to V.R.C.P. 4(g). This Order shalt be published once a week for three consecu- tive weeks on February 8, 2006, February 15, 2006 and February 22, 2006 in the Seven Days. A copy of this Order shall be mailed to defendants at their address if their address is known. Dated at Burlington, Vermont this 2nd day of February, 2006. /s/ Ben W. Joseph Hon. Ben W.Joseph PresidingJudge Chittenden Superior Court STATE OF VERMONT, CHITTEN- DEN COUNTY, Docket No. 0087- 06 Cnc Robert Bicknell v. Mitchel Richardson To the above -named Defendant Mitchel Richardson: You are hereby summoned and required to serve upon Thomas M. Higgins, Plaintiffs attorney, whose address is 253 South Union Street, Burlington, Vermont, an answer to Plantiffs Complaint in the above -entitled action within 41 days after the date of the first publication of this summons, which is February 15, 2006. If you fail to do so, judgement must be filed with the Court. Unless the relief demanded in the Complaint is for damage covered by a liability insurance policy under which the insurer has the right or obliga- tion to conduct the defense, or unless otherwise provided in Rule 13 (a), your Answer must state as a counterclaim any related claim which you may have against the Plantiff, or you will thereafter be barred from making such claim in any other action. PLantiffs action is a Complaint for negligence brought by Plantiff against Defendant, in which Plantiff alleges that Defendant is responsible for the automobile accident which occurred in South Burlington, Permit Number SD- GC - v CITY OF SOUTH BURL,INGTON APPLICATION FOR PRELIMINARY SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) �dTLr r Suoo,rtS'So77`7�husT"s oITT-eeXaA sL-SoT�Y- Qeooca�?�.T uSf rj�-P -5-Ltd./JZ S.ScO%7-UZ-u bjc l ""tsi Vaal 42 3 U 2) LOCATION OF LAST RECORDED DEED (Book and page #) V0,4 T(,z I�4S�4Z 3) APPLICANT (Name, mailing address, phone and fax #) 5�; m -e G fi V«o 4) CONTACT PERSON (Name, mailing address, phone and fax #) :5—Z,, c 45 5) PROJECT STREET ADDRESS 2 Sy �-�K ►�. h 1,� �� L 12c,4 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 00 `" — 0 O'2S0 7) DETAILED PROJECT DESCRIPTION a) Existing uses on Property (including description and size of each separate use) Vt--5, 4" e --e b) Proposed uses on property (include description and size of each new use and existing uses to remain) end A,/--Tw.-c �Nrc, Nv-r c) Total building square footage on property -3 3 -z r sed buildings and existing buildings to remain) d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) C c- H h— 7— s e) Number of residential units (if applicable, new units and existing units to remain) (/ Glixl I 0 Number of employees & company vehicles (existing and proposed, note office versus non -office employees) 4 )I y4- g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) d/J x h) List any changes to the/ subdivision, such as property lines, number of units, lot mergers, etc. It N (%-5 I iV ►t 8) WETLAND INFORMATION a) Are there any wetlands (Class I, II, or III) on the subject property? �Ef S C/- a 5 5 J b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MIDST be provided here, even if no change is proposed) a) Size of Parcel: 3 Pm tsP4 s - 3 4 c • 3,4 c- ; Ll d '` A C b) Building Coverage: 'N Le s_ P ag3 /�' �r Existing �3 Z square feet 2 • % c el ►^ pl ,,,d,rc Proposed 3, 27± square feet 2" 3- t % C,-u�-�— vf34C c) Overall Coverage (building, parking, outside storage, etc): Existing 3, 0c�0 ' square feet q, z !: % Proposed S c, " t square feet ` , Z 'r_ % 2 I d) Front Ward Coverage(s) (commercial projects only): Existing square feet % Proposed square feet % 10) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Develo ment Regulations (e.g., setbacks, height, parking, etc.) that the applicant is seeking 11) COST ESTIMATES a) Building (including interior renovations) $ 1 b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ c) Other site improvements (please list with cost) 12) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) b) A.M. Peak hour for entire property (in and out) PM c) P.M. Peak hour for entire property (In and out) 13) PEAK HOURS OF OPERATION 14) PEAK DAYS OF OPERATION 15) ESTIMATED PROJECT COMPLETION DATE 16) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the plans must be submitted A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). 3 l C I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. F SIGNATURE OF Do not write below this line DATE OF SUBMISSION: f Iq L) I have reviewed this preliminary plat application and find it to be: omplete ❑ Incomplete DirectoVbf Planning & zoning or Designee Date 4 Permit Number SD- CITY OF SOUTH BURLING'TON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) C/-an,/--e5 !, - 57- UTF-IV -,-lT�1z4�-SSv-Ir-7-.urT-''es oFTGtt Nad-s-Z-5 olTi�ei' R,eJd Co 42-r %G--u s7— -r e Si.e eQc J"� S' �o Zl� �Z e �! oeu 5�e 7—f.• c e St 2) LOCATION OF LAST RECORDED DEED (Book and page #) s— i —7 Y %% L 3 4 Z. Pu 5Q Z,� 25i, Vol- 3(,Z 19a5r-ry23 3) APPLICANT (Name, mailing address, phone and fax #) S SSO,J' 2.S0 ��u�K Wi I-L l2c0 S' /Z lJ7-orY(s� !F0Q 2— sraz `6Q 3c) 4) CONTACT PERSON (Person who will receive all correspondence from Staff. Include name, address phone& fax #�) 5) PROJECT STREET ADDRESS 6) TAX PARCEL ID # (can be obtained at Assessor's Office) D d q S— D 6 Z56 7) DETAILED PROJECT DESCRIPTION a) Existing uses on Property (including description and size of each separate use) b) Proposed uses on property (include description and size of each new use and existing uses to remain) .1-4&yi-e 5S,T-e F , -c 1-e S, %r "(,-T,KH-e P"-e" ehv-0 c) Total building squarefootageon property (prop,osse`db�u..iillyding/s hand existing buildings to remain) '7 Car h' � , 7 Z'�/��1.5 �i� �t i : Z�►1.-C f_ d) Height of building & number of floors (proposed buildings and existing buildings to remain. specify if basement and mezzanine) �►�� -� S �r �y a s e) Number of residential units (if applicable, new units and existing units to remain) Z ( / 64veia-111P1,'e'4 f) Number of employees & company employees) s (existing and proposed, note office versus non -office g) Other (list any other information pertinent to this ap lication not specifically requested above, please note if Overlay Districts are applicable) h) List an ,y hanges to the subdivision, such as property lines, number of units, lot mergers, etc. 8) WETLAND INFORMATION a) Are there any wetlands (Class I, II, or 11I) on the subject property? CZ s5 b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: 3Za��-Q•�s' (acres /sq. ft.) b) Building Coverage: Existing _square feet $ % Proposed 3 2 square feet 2 • <3- % c) Overall Coverage (building, parking, outside storage, etc): Existing SDo O square feet u . Z. % c, F ,v { w -3 4C )' J 1 K Proposed S, 0 6 n f square feet % d) Front Yard Coverage(s) (commercial projects only): Existing square feet % Proposed square feet % CQ 10) AREA DISTURBED DURING CONSTRUCTION: �sf sq. ft. *Projects disturbing more than on --half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 11) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Development Regulations (e.g., setbacks, height, parking, etc.) that the applicant is seeking 12) COST ESTIMATES a) Building (including interior renovations) $�%� _ b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ Nd c) Other site improvements (please list with cost) 13) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) b) A.M. Peak hour for entire property (in and out) c) P.M. Peak hour for entire property (In and out) All /4- 14) PEAK HOURS OF OPERATION A- 15) PEAK DAYS OF OPERATION 16) ESTIMATED PROJECT COMPLETION DATE 3 3 17) ABUTTING LANDOWNERS — please list abutting landowners, including those across any streets. You m y attach a separate sheet. I L , (. V)JUC P �o C+c t ccTG wtn µv1. L iC tY �hj b 2)^-- /��,�-/ems 16) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11 " x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). 1 hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Do not write below this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: ' ?Om El ElIncomplete Directorf4f Planning & Zoning or Designee U�0 rd CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: February 27, 2006 Application received: February 9, 2006 CHARLES & JUDITH SCOTT — 3 LOT SUBDIVISION 250 AUTUMN HILL ROAD PRELIMINARY PLAT PLAN APPLICATION #SD-06-09 FINAL PLAT PLAN APPLICATION #SD-06-10 Agenda # 5 Meeting Date: March 7, 2006 Owner/Applicant Property Information Charles & Judith Scott Existing Lot 250 Autumn Hill Road 0085-00250-R South Burlington, VT 0540a 46.31 acres Southeast Quadrant Zoning District (SEQ) PROPERTY LOCATION W r i �,y y` CITY OF SOUTH BURLINQ -)N 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Charles & Judith Scott, hereinafter referred to as the applicants, are seeking to subdivide a 46.31 acre developed with a single family dwelling into three (3) lots of 3.0 acres (lot #5a), 3.0 acres (lot #5b), and 40.2 acres (lot 5c), 250 Autumn Hill Road. In 2004, the City of South Burlington purchased a permanent conservation easement from the applicants. This permanent easement restricts lot 5c (40.2 acres) to open space uses and created a 200 foot wide recreation area at the eastern boundary of the lot. The permanent conservation easement also stipulated that the applicants were entitled to apply for subdivision of the property to create two separate single-family lots of 3.0 acres each, one around the existing home and a new lot in the location identified on the subdivision plat. It was anticipated by City Council that this subdivision would occur pursuant to the conservation easement. To the very best of staff's knowledge, this application is consistent with the relevant terms of the conservation easement. The applicant appeared before the Development Review Board on December 20, 2005 for sketch plan review (minutes attached). Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on February 9, 2006 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning District Required Proposed Lot 5a Lot 5b Lot 5c Min. Lot Size 12,000 SF 3.0 acres 3.0 acres 40.2 acres zoning compliance ** No buildings are proposed for this property as part of this application. A single family home exists on Lot 5a and will remain; a single-family residence may be constructed in the future pursuant to an approved subdivision; and no buildings of any kind may be built on Lot 5c (40.2 acres) as a result of the conservation easement. SUBDIVISION CRITERIA Per Section 3.05(B) of the South Burlington Land Use Regulations, concerning lots with no public road frontage, this subdivision shall be considered a major subdivision and is subject to the requirements and major subdivision criteria of Article 15 of the South Burlington Land Development Regulations. CITY OF SOUTH BURLINe JN 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. There are no new buildings or associated infrastructure proposed for this property as part of this application. Areas for a septic system and replacement field, as well as wells, have been identified in appropriate locations to service a future house on Lot 5b. These will be subject to State and local wastewater and water supply approvals. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. On site septic is proposed to continue on Lot 5a and to be installed on Lot 5b in the future when a house is built. 1. On -site wastewater systems and wells shall be subject to state and local regulations; all permits shall be demonstrated to be in place prior to issuance of a zoning permit for a house on lot 5b. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant should take reasonable erosion control precautions in the construction of a house and associated infrastructure on Lot 5b. At such time that any development occurs, either for the building of residential units or the road, the applicant shall submit grading and erosion control plans that shall be in compliance with the standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 2. The applicant shall address erosion control measures when they apply for development of the roads or residential buildings. The applicant shall at that time submit grading and erosion control plans that shall meet the standards set forth in Section 16.03 and 16.04 of the SBLDR. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. At this time, the applicant is unsure which roadway will be used to access lot 5b. A right-of-way exists for access through the property to the west, owned by Vincent and Allyson Bolduc, which connects to Dorset Street. This is noted as Jennie Blair Lane on the sketch plan. This right-of-way does provide sufficient access for a single-family residence. However, the road will need to be upgraded to city standards if this route is chosen. At such time in the future as lot 5b is proposed to have a house constructed on it, the applicant should finalize the access to the property understanding that upgrades will be needed. CITY OF SOUTH BURLIN( )N 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 3. Prior to the issuance of a zoning permit for a house to constructed on lot 5b, the owner shall provide satisfactory evidence that access will be provided to the lot over either: a) Jenny Blair Lane: in which event the owner will provide any State and Army Corps permits which may be required to cross the wet area which is be traversed by the proposed road. Such road will meet the then required City standards for roads providing access to fewer than 4 homes. Or; b) Autumn Hill Road: in which event the owner will improve the road to the then required City standards for roads providing access to 4 or more houses. Lot 5c is and would continue to be accessed via Autumn Hill Road. 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. The preliminary plat plan submitted depicts a class III wetland on lot 5b. It is unclear if these are existing wetlands or wetlands that will result from the proposed fire pond. The wetlands depicted by the applicant do not appear to match those shown on the state's wetland maps. The applicant should address this issue with a clear and complete wetlands map, including appropriate buffers. Staff cannot assess wetland impacts without a clear delineation of the site's wetlands. 4. The applicant shall submit a complete wetlands delineation of the site prior to final plat approval. Aside from any wetland issues, the applicant depicts a 50 foot buffer from the pond. However, the proposed building envelope encroaches upon the buffer. The applicant should address this issue and has two options. The applicant can: 1) revise the building envelope to stay out of the buffer or 2) appear before the South Burlington Natural Resources to discuss the buffer encroachment. Even if the NRC recommends allowing the encroachment, the DRB will need to issue a final finding on the matter. 5. The applicant shall revise the building envelope to respect the pond buffer or otherwise obtain approval to encroach into the buffer from the NRC and the DRB. Furthermore, the right-of-way being proposed as the access for lot 5b crosses a wetland area. This wetland and associated buffer should be shown on the plats. It is possible that at such time as a house is built on Lot 5b, the applicant may be able to use the existing Autumn Hill Road to access the lot rather than Jennie Blair Lane. This would prevent wetland impacts and a new curb cut on Dorset Street. Staff recommends the DRB consider a condition whereby prior to the issuance of a zoning permit, Natural Resources Committee review and sign -off shall be required to evaluate wetland issues if Jennie Blair Lane is to be utilized for access. 6. The applicant shall verify the existence of wetlands on or abutting lot 5b prior to final plat approval. The plan shall be revised to show the wetland and associated wetland buffer across "Jennie Blair Lane." 7. If Jennie Blair Lane is to be constructed at any time in the future, the Natural Resources Committee (NRC) should be consulted regarding impacts from the crossing prior to issuance of a zoning permit for the lot. CITY OF SOUTH BURLIN( JN 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 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. The applicant has noted that the newly created lot will be targeted for residential development. Staff finds that the proposed subdivision is compatible with the planned development patterns of the SEQ Zoning District, as outlined in Section 9.01 of the Land Development Regulations, and with the terms of the conservation easement purchased by the City. 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. The lot layouts and configuration of conserved open space are consistent with the SEQ plan and with the conservation easement on the property. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The Fire Chief has reviewed the plans and provided comments in a letter dated December 20, 2005 (attached) 8. The applicant shall comply with the requests of the South Burlington Fire Chief. 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 landowners. The use of on -site wells and wastewater and minimization of new roadways are appropriate in this case. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. There are no new buildings or associated infrastructure proposed for this property as part of this application. However, staff defers to earlier comments regarding the choice of access roads for this property. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed subdivision is in conformance with the South Burlington Comprehensive Plan, particularly in light of the conservation easement for the property. Lot Layout Lot layout is acceptable. Lot #5a is developed with an existing single family dwelling with a proposed building envelope. A building envelope is also proposed for lot #5b. OTHER This request includes the elimination of a 60 foot right-of-way along the south boundary CITY OF SOUTH BURLIN( JN 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING previously approved "for a potential future city street". Staff strongly recommends eliminating this proposed right-of-way since it is not shown on the Official Map. Staff recommends that the South Burlington Development Review Board approve Preliminary Plat application #SD-06-09 and Final Plat Application #SD-06-10 subject to the applicant addressing the numbered items in the "Comments" above. Respectfully submitted, Oatjhy n LaRose, Associate Planner Copy to: Charles & Judith Scott DEVELOPMENT REVIEW BOARD 20 DECEMBER 2005 9. Sketch plan application #SD-05-90 of Leon & Jane Brown to subdivide a 19,000 sq. ft. parcel developed with a single family dwelling into two lots of 9500 sq. ft. each, 45 Simpson Court: Mr. Belair noted the property is in the R-4 zone which allows 4 units per acre. If you put 2 units on 19,000 sq. feet, you would exceed the 4/acre zoning. Mr. Gallo said R-4 is not defined anywhere in the Regulations. Mr. Dinklage said this is the basis on which the entire zoning document is constructed. He stressed that the proposed plan would not be allowed. Mr. Bolton said if the applicant could acquire some land from an adjacent property owner, it could be done. 0 Sketch Plan Application #SD-05-91 of Charles & Judith Scott to subdivide a 46.2 acre parcel developed with a single family dwelling into three lots, lots 5a and 5b (3 acres each) and lot 5c (40.2 acres), 250 Autumn Hill Road: Mr. Scott noted that under the old zoning they could build 56 houses. They were approached by the city to set aside land. The eventual agreement allows the Scotts to maintain their home and set aside land for one more home. The City now has a conservation easement on the land although the Scotts still own it. Sometime in the future, the city might be interested in purchasing the 40.2 acres for a nature preserve. Mr. Scott then showed the 2 proposed building lots. They also propose that continuation of the access be removed from the official city map. Mr. Belair said staff agrees. Mr. Alex Blair asked what access there will be to the 40.2 acre piece. Mr. Dinklage said there is no public access to that land at present. The Scotts still own it. Mr. Dinklage noted the Fire Chief has asked that the new house be sprinklered. No other issues were raised. 11. Public Hearing: Appeal #AO-05-05 of Thomas Chase appealing decision of the Administrative Officer to issue Notice of Violation #NV-05-17 for a zoning violation at 42 Airport Road: Mr. Belair stated that he discovered a number of rental vehicles stored on the property. There was no application for this use; there is only a personal instruction facility approved. Mr. Chase said there are 22-24 parking spaces approved for the property. The building adjacent to the property used those parking spaces at one time. When the use was changed to personal instruction, the parking spaces were still kept. He felt since the parking spaces were there, it didn't matter what cars were parked in them. He said there is no car rental business on the property. - 5 - South Burlington Fire Department 575 Dorset Street South Burlington, Vermont 05403 802-846-4110 December 20, 2005 Ms. Juli Beth Hinds, Director of Planning and Zoning City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Scott subdivision, Autumn Hill Road Dear Juli: I have reviewed the plans for the proposed construction of the planned residential development off Dorset Street. I have also made a site visit. I have the following recommendations: 1. Compliance with all requirements of Vermont Division of Fire Safety codes and standards. 2. At this time access to these lot(s) will be by private road. As the City of South Burlington would have no control over winter road maintenance response during times of poor road conditions could be compromised. Therefore, I would like to see residential sprinkler systems installed in these residence(s). 3. Fire Department Sprinkler Connection location to be specified by SBFD. 4. Installation of the necessary fire alarms required for this type of occupancy. The plan I have does not show exact location of the proposed structure or how long the driveway will be. Knowing this information would allow further review of apparatus access and turn around. At this point these seem to be the major issues which present themselves. Should you need any further assistance on this project please feel free to contact me. cz/' Douglas S. Brent Chief of Fire and EMS Cathyann LaRose From: Juli Beth Hinds Ohinds@sburl.com] Sent: Monday, January 23, 2006 9:38 AM To: 'Liam Murphy', 'Ray Belair'; 'Cathyann LaRose' Cc: clscott2nd@earthlink.net Subject: RE: Scott one lot subdivision t1i Liam, t think both of these. arc. good solutions, especially since, the new Zoning will enable sxrbstantiaal development on the lovvei- reaches of Atitttnxn hill Road and [hei-cby i,egnirc its tipgi•ade. In fact, 1 am trving to contact the .1ewetts aibotit this 1-ight no-w. In the nxcantiine, 1 ant perfectly happy with these sohiliotrs •- it rnaA be that the final plat would hax,e to be amended if.Jennic Blair Lane eventually acre used, but I thitih this is a good 1)1a . )llli lac'lh Ifind', AW1' I'I,tlttlirls,:& "l•t}r+jT",, ('IIt r,k '^+r,Ir!i� Iilli'lirtt i• •t, ,'it�Wh Full'{iTi�`,ir'�i:, r'T'Ilt�tEl( rl ,<fiEF (try();") 84(, IIoo"41W Y<T*. jhinds(@)sburl.com www.sburl.com From: Liam Murphy [mailto:lmurphy@mskvt.com] Sent: Monday, January 23, 2006 7:09 AM To: 'Juli Beth Hinds' Cc: clscott2nd@earthlink.net Subject: Scott one lot subdivision Juli Beth, This is to follow up our conversation regarding access to the new house lot being created by the Scotts. As we discussed they would prefer to use Autumn Hill Road if it could remain in its current condition. However I understand from you that once the road serves more than 4 residences the road would have to be improved to City road standards. Providing access to the new lot over Autumn Hill road would trigger that requirement and we now understand no waiver is possible. In order to provide alternative access the Scotts have proposed providing access across the so called Jennie Blair Lane, the right of way for which was laid out when the original subdivision was created. Unfortunately Jennie Blair Lane crosses a wet area and there was some discussion at the preliminary subdivision hearing about not approving such access until a wetlands delineation is undertaken and appropriate State permits are obtained. The delay caused by such condition would be very difficult for the Scotts. We discussed the possibility that the subdivision could be approved with either a Autumn Hill road access or the Jenny Blair Lane access depending upon what is most realistically buildable. I suggest a condition such as follows: Prior to the issuance of a building permit for a house to constructed on the lot, the owner shall provide satisfactory evidence that access will be provided to the lot either over: 2/27/2006 C 1. Jenny Blair Lane: in which event the owner will provide any State and Army Corps permits which may be required to cross the wet area which is be traversed by the proposed road. Such road will meet the then required City standards for roads providing access to fewer than 4 homes. or 2. Autumn Hill Road: in which event the owner will improve the road to the then required City standards for roads providing access to 4 or more houses. Please let me know if this approach is satisfactory. Liam Liam L Murphy, Esq Murphy Sullivan Kronk (802) 861-7000 275 College Street Box 4485 (802) 861-7007 (fax) Burlington, VT 05406-4485 Imurphy@mskvt com This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies or records of the original message Because e-mail can be altered electronically, the integrity of this communication cannot be guaranteed Thank you. In the absence of an express statement to the r onti aiy this e mail sh:O no! be deeryied an a lrtat; as snt to conduct n irom.ar.t+on k)\, N;ec,!i ;r7 c means ar7n notn,'113 m "fur. e mail cons Iitutes an eIectronic signature; pursuant to I he Flort,orIt; �'Ignalurt s tri Global anal rdsdnainI Coot Irmei(,r+ nrt t,omhtir,n at I I. 1., 1; C, 1�7()'a1 oI swj ? k Sif-N , and adopted by Vermont pursuant to 9 V S A ;270 rat seq 2/27/2006 SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 January 18, 20o6 Charles & Judith Scott 25o Autumn Hill Road South Burlington, VT 05403 Re: Minutes - 25o Autumn Hill Road Dear Mr. & Mrs. Scott: For your records, enclosed is a copy of the approved minutes from the December 20, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, - *1 K X Betsy McDonough Planning & Zoning Assistant Encl. C State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Chapter 1, Wastewater System and Potable Water Supply Rules, Effective January 1, 2005 Chapter 21, Water Supply Rules, Effective April 25, 2005 Case Number: WW-4-2510 PIN: EJ05-0411 Landowner: Judith & Charles Scott, II 250 Autumn Hill Road South Burlington VT 05403 This permit affects property referenced in deeds recorded in Book 362 Pages 423, 428 of the Land Records in South Burlington, Vermont. This project, to create Lot 1 (3.0 acres) with an existing four bedroom single family residence and Lot 2 (3.0 acres) for a proposed four bedroom single family residence, each lot served by onsite drilled well and on/offsite wastewater disposal systems, located on Autumn Hill Road in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. GENERAL This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Envirommental Conservation, Water Supply Division — telephone (802) 241-3400, Water Quality Division — telephone (802) 241-3770, the Department Public Safety, Division of Fire Safety— telephone (802) 828-2106 or (802) 879-2300, the Department of Health — telephone (802) 863-7221, and local officials Riju to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by Douglas Hewitt which have been stamped "approved" by the Wastewater Management Division: Project #7897: Charles Scott Plans: Drawing No. S1 "Site Plan" dated 10110105, revised 11/26/05 and Drawing No. D1 "Septic System Details" dated 10110105, revised 11/26/05. The project shall also be completed as shown on the following plan prepared by Albert W. Harris which has been stamped "approved" by the Wastewater Management Division: Project #0110d: "Plat of Grant of Development Rights & Conservation Restrictions on lands of Judith S. Scott and Charles L. Scott, II, Autumn Hill Road, South Burlington, VT" dated 17 September 2004. The project shall not deviate from the approved plans in a manner that would change or affect the exterior water supply or wastewater disposal system, building locations or the Wastewater System and Potable Water Supply Permit WW-4-2510 Judith & Charles Scott, II Page 2 approved use of the buildings without prior written approval from the Wastewater Management Division. 3. The conditions of this permit shall run with the land and will be binding upon and enforceable against the pernittee and all assigns and successors in interest. The pernittee shall be responsible for the recording of this permit in the South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 4. Each prospective purchaser of each lot shall be shown copies of the Wastewater System And Potable Water Supply Permit and the approved plans prior to conveyance of the lot. 5. This project has been reviewed and approved for the existing/construction of one single- family residence on each lot. The permittee shall not construct any other type of structure requiring plumbing, including public buildings, duplexes, condominium units, or commercial buildings, without prior review and approval by the Wastewater Management Division. Such approvals will not be granted unless the proposal conforms to the applicable laws and regulations. 6. The Wastewater Management Division now reviews the water supply and wastewater disposal systems for all buildings under 10 V.S.A., Chapter 64 = Potable Water Supply and Wastewater System Permit. 7. This permit shall in no way relieve you of the obligations of Title 10, Chapter 48, Subchapter 4, for the protection of groundwater. 8. A copy of the approved plans and this permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. 9. Lot 3 (40.2 acres) as depicted on the plans and not specifically referenced as being approved for a use requiring a potable water supply and wastewater disposal system shall comply with the Environmental Protection Rules, Chapter 1, Wastewater System and Potable Water Supply Rules, Effective January 1, 2005, Section 1-403(a)(5) for the creation of unimproved lots. WATER SUPPLY & WASTEWATER DISPOSAL 10. No permit issued by the Secretary shall be valid for a substantially completed potable water supply and wastewater system until the Secretary receives a certification from a designer or the installer, signed and dated, that states: "I hereby certify that, in the exercise of my reasonable professional judgment, the installation -related information submitted is true and correct and the potable water supply and wastewater system were installed in accordance with the permitted design and all permit conditions, were inspected, were properly tested, and have successfully met those performance tests." Wastewater System and Potable Water Supply Permit WW-4-2510 Judith & Charles Scott, II Page 3 This shall include the water supply system, and wastewater disposal system, water service line and sanitary sewer line to the single family residence on Lot 2. 11. Lot 1 is approved for the existing onsite water supply system. In the event of the failure of the existing well on Lot 1, a replacement well shall be drilled. A fully complying replacement well location is shown on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. Prior to construction of the replacement water supply system, the landowner shall submit an application, fee and engineering plans for review and approval by the Wastewater Management Division. 12. Lot 2 is approved for an onsite water supply system from a drilled well provided that the well is located as shown on the approved plan. The Wastewater Management Division shall allow no other method, or location of obtaining potable water without prior review and approval. 13. The well location shall meet all minimum separation distances required by the Environmental Protection Rules, Chapter 21, Water Supply Rule, Appendix A, Part 11 — Small Scale Water Systems, Section 11.4. The well shall be constructed in accordance with the Appendix A, Part 12. 14. Lot 2 is approved for wastewater disposal by construction and utilization of the site - specific wastewater disposal systems depicted on the approved plans. The Wastewater Management Division is to be notified, if at any time this system fails to function properly and/or creates a health hazard. The Wastewater Management Division shall allow no other method, or location of wastewater disposal without prior review and approval. 15. No buildings, roads, water lines, earthwork, re -grading, excavation or other construction that might interfere with the installation or operation of the wastewater disposal systems are allowed on or near the site -specific wastewater disposal systems or replacement areas depicted on the approved plans. All isolation distances, which are set forth in the Wastewater System and Potable Water Supply Rules will be incorporated into the construction and installation of the wastewater disposal field. Compliance with these isolation distances is required. 16. The future wastewater disposal "replacement areas" designated on the approved plans shall be held in reserve for the eventual construction of a replacement wastewater disposal system in the event of the failure of the primary wastewater disposal system. Prior to construction of the replacement wastewater disposal system, the landowner shall submit an application, fee and engineering plans for review and approval by the Wastewater Management Division. 17. Each approved wastewater disposal system has been designed to serve a four bedroom single family residence, with a design flow of 490 gallons of wastewater per day. Prior to any increase in bedrooms, the landowner shall submit an application, fee, and engineering plans for review and approval by the Wastewater Management Division. Wastewater System and Potable Water Supply Permit WW-4-2510 Judith & Charles Scott, II Page 4 18. The wastewater disposal system for Lot 1 is subject to an easement onto the lands identified as Lot 2 and Lot 3. The wastewater disposal system for Lot 2 is subject to an easement onto the lands identified as Lot 3. No conveyance of the approved lots is allowed until such time as a copy of the executed easements has been recorded and indexed in the town land records. It is recommended that a copy of the executed easement be sent to the Wastewater Management Division. 19. Lot 1 is authorized to utilize the existing on -site wastewater disposal system provided it is operated at all times in a manner that will not discharge wastewater/effluent onto the ground surface or into the waters of the State. If at any time this system fails to function properly and/or creates a health hazard, the Division is to be immediately notified. A complying replacement area has been identified on the plans. Prior to construction of a replacement system, a permit amendment will be needed for the final wastewater system design. Dated at Essex Junction, Vermont on December 28, 2005. Jeffrey Wennberg, Commissioner Department of Environmental Conservation By Dolores M. LaRiviere Assistant Regional Engineer C For the Record South Burlington Planning Commission & Select Board Douglas Hewitt Water Supply Division Water Quality Division CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: December 13, 2005 Application received: November 29, 2005 CHARLES & JUDITH SCOTT — 3 LOT SUBDIVISION 250 AUTUMN HILL ROAD SKETCH PLAN APPLICATION #SD-05-91 Agenda #9 Meetin Date: December 20, 2005 Owner/Applicant Property Information Charles & Judith Scott Existing Lot 250 Autumn Hill Road 0085-00250-R South Burlington, VT 05403 46.31 acres Southeast Quadrant Zoning District (SEQ) PROPERTY LOCATION t i� .RZ \� f CITY OF SOUTH BURL,.. GTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Charles & Judith Scott, hereinafter referred to as the applicants, are seeking to subdivide a 46.31 acre developed with a single family dwelling into three (3) lots of 3.0 acres (lot #5a), 3.0 acres (lot #5b), and 40.2 acres (lot 5c), 250 Autumn Hill Road. In 2004, the City of South Burlington purchased a permanent conservation easement from the applicants. This permanent easement restricts lot 5c (40.2 acres) to open space uses and created a 200 foot wide recreation area at the eastern boundary of the lot. The permanent conservation easement also stipulated that the applicants were entitled to apply for subdivision of the property to create two separate single-family lots of 3.0 acres each, one around the existing home and one new one in the location identified on the subdivision plat. It was anticipated by City Council that this subdivision would occur pursuant to the conservation easement. To the very best of staff's knowledge, this application is consistent with the relevant terms of the conservation easement. Planning and Zoning Assistant Betsy McDonough, Director of Planning & Zoning Juli Beth Hinds, and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on November 29, 2005 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning District Required Proposed Lot 5a Lot 5b Lot 5c Min. Lot Size 12,000 SF 3.0 acres 3.0 acres 1140.2 acres 4 zoning compliance ** No buildings are proposed for this property as part of this application. A single family home exists on Lot 5a and will remain; a single-family residence may be constructed in the future pursuant to an approved subdivision; and no buildings of any kind may be built on Lot 5c (40.2 acres) as a result of the conservation easement. SUBDIVISION CRITERIA Per Section 3.05(B) of the South Burlington Land Use Regulations, concerning lots with no public road frontage, this subdivision shall be considered a major subdivision and is subject to the requirements and major subdivision criteria of Article 15 of the South Burlington Land Development Regulations. CITY OF SOUTH BURS., 4GTON 3 1 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following_ standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. There are no new buildings or associated infrastructure proposed for this property as part of this application. Areas for a septic system and replacement field, as well as wells, have been identified in appropriate locations to service a future house on Lot 5b. These will be subject to State and local wastewater and water supply approvals; details . According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. On site septic is proposed to continue on Lot 5a and to be installed on Lot 5b in the future when a house is built. 1. On -site wastewater systems and wells shall be subject to state and local regulations; all permits shall be demonstrated to be in place prior to issuance of a zoning permit for a house on lot 5b. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant should take reasonable erosion control precautions in the construction of a house and associated infrastructure on Lot 5b. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. To access Lot 5b in the future, the applicant is proposing to use an existing right-of-way for access through the property to the west, owned by Vincent and Allyson Bolduc, which connects to Dorset Street. This is noted as Jennie Blair Lane on the sketch plan. This right-of-way does provide sufficient access for a single-family residence. At this time, the applicant is not proposing to use Autumn Hill Road as the access to Lot 5b, since this would involve the upgrade of this private road to a public street. This has been the subject of considerable litigation and does not appear to be feasible at this time. At such time in the future as lot 5b is proposed to have a house constructed on it, the applicant should explore the potential to use Autumn Hill Road as the access rather than Jennie Blair Lane. Lot 5c is and would continue to be accessed via Autumn Hill Road. 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. CITY OF SOUTH BURS, 3TON 4 ` DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING The City's Official Wetland Map indicates that there are no wetlands on lot 5b. This should be verified with the preliminary plat submittal. The right-of-way being proposed as the access for lot 5b crosses a wetland area. This wetland and associated buffer should be shown on the preliminary plat. It is possible that at such time as a house is built on Lot 5b, the applicant may be able to use the existing Autumn Hill Road to access the lot rather than Jennie Blair Lane. This would prevent wetland impacts and a new curb cut on Dorset Street. Staff recommends the DRB consider a condition whereby prior to the issuance of a zoning permit, Natural Resources Committee review and sign -off shall be required to evaluate wetland issues if Jennie Blair Lane is to be utilized for access. If Autumn Hill Road is to be used, no wetland impacts would be involved. 2. The applicant shall verify that there are no wetlands on or abutting lot 5b with the submittal of the preliminary plat application. 3. The plan shall be revised to show the wetland and associated wetland buffer across "Jennie Blair Lane". 4. If Jennie Blair Lane is to be constructed at any time in the future, the Natural Resources Committee (NRC) should be consulted regarding impacts from the crossing prior to issuance of a zoning permit for the lot. 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. The applicant has noted that the newly created lot will be targeted for residential development. Staff finds that the proposed subdivision is compatible with the planned development patterns of the SEQ Zoning District, as outlined in Section 9.01 of the Land Development Regulations, and with the terms of the conservation easement purchased by the City. 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. The lot layouts and configuration of conserved open space are consistent with the SEQ plan and with the conservation easement on the property. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The Fire Chief is currently reviewing the plans and should have comments available at the hearing. 5. The plans should be revised to comply with the requests of the South Burlington Fire Chief. 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 landowners. CITY OF SOUTH BURS . JGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING The use of on -site wells and wastewater and minimization of new roadways are appropriate in this case. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. There are no new buildings or associated infrastructure proposed for this property as part of this application. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed subdivision is in conformance with the South Burlington Comprehensive Plan, particularly in light of the conservation easement for the property. Lot Layout Lot layout is acceptable. Lot #5a is developed with an existing single family dwelling with a proposed building envelope. A building envelope is also proposed for lot #5b. OTHER This request includes the elimination of a 60 foot right-of-way along the south boundary previously approved "for a potential future city street'. Staff strongly recommends eliminating this proposed right-of-way since it is not shown on the Official Map. Staff recommends that the applicant address the above numbered concerns prior to preliminary plat submittal. Respectfully submitted, 401069 rid �• • •Zoning' Copy to: Charles & Judith Scott f HARRIS SURVEYING & LAND DISPUTE RESOLUTION 83 Heron Pond Road Hinesburg, Vermont 05461 Telephone 802-482-3284 Facsimile 802-482-3285 Email awharris@accessvt.com 6 December 2005 Mr. Ray Belair South Burlington Zoning & Planning 575 Dorset Street South Burlington, VT 05403 Re: Judith and Charles Scott Subdivision Application, Autumn Hill Road Dear Ray: Submitted herewith are five full scale copies (18"x24") and one reduced copy (11 "x17") of the "Sketch Plan - Proposed Subdivision of Lands of Judith Stultz Scott and Charles Lewis Scott, II, Trustees" to be included with the Scott's subdivision application previously delivered to your office. Please contact me if you have any questions or if you need additional copies. Sincerely, A.W. (Terry) Harris Licensed Surveyor Copy: Charles Scott Enclosures (6) CITY OF SOUTH BURLINGT 1�T DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 December 8, 2005 Ernest Auclair 165o Hinesburg Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the December 20, 2005 Development Review Board meeting. It includes a proposal for development that abuts your property. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, y Betsy McDonough Planning & Zoning Assistant Encl. I 575 Dorset Street South Burlington, VT 05403 (802)846-4106 Me -Kilo To: Doug Brent, South Burlington Fire & Rescue C "e From: Betsy McDonough, Planning & Zoning Assista t Date: December 7, 2005 Re: Reviews for December 20th DRB meeting We have two (2) projects that we would like your comments on for the December 20, 2006 Development Review Board meeting. They are as follows: 1. Charles & Judith Scott. 3-lot subdivision, 250 Autumn Hill Road: The applicants are proposing to subdivide their property with the intent of selling Lot 5b (see attached) as a building lot. Access to this lot will be via a private right-of-way off Dorset Street, named Jennie Blair Lane on the plan. There will be NO access from Autumn Hill Road to Lot 5b. 2. South Village. Sketch plan for Master approval, 1840 Spear Street: Due to The Agency of Natural Resource's input at the Act 250 level, it has become necessary for the applicants to re -submit a new plan for South Village. Specifically two road crossing wetlands have been eliminated. A new road wetland crossing has been proposed. This has resulted in the need to restructure some lots as well as the road network. Please let me know if you have any questions. �J CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 15, 2005 Charles & Judith Scott 25o Autumn Hill Road South Burlington, VT 05403 Re: Sketch Plan #SD-05-91 Dear Mr. & Mrs. Scott: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, December 20, 2005 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, IA�t v�C Betsy McDonough Planning & Zoning Assistant Encl. l' State of Vermont X Department of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Environmental Conservation State Geologist RELAY SERVICES FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD December 19, 2005 Judith & Charles Scott, II 250 Autumn Hill Road South Burlington VT 05403 Subject WW-4-2510 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 create Lot 41 being 3 acres with an existing 4 bedroom single family residence and Lot 42 being 3 acres for a proposed 4 bedroom single family residence located on Autumn Hill Road in South Burlington, Vermont. Dear Sir/Madam: I have reviewed the technical information resubmitted for the above referenced project. Unfortunately, there were items that were not included or were insufficient and I was unable to determine if this project meets the minimum standards of the Environmental Protection Rules. Please provide the following information: 1. Determination if any of the hazardous waste sites located within a mile of the proposed project will impact the proposed wells. Please respond within thirty, (30) days from the date of this letter. Re -submittals that are incomplete, or made after thirty days may result in the denial of the project. Once I receive the information requested, I will continue my review of the project. If you have any questions as to what is needed, please contact me. Sincerely, Dolores M. LaRiviere Assistant Regional Engineer cc: South Burlington Planning Commission Douglas Hewitt Rp i-I (1Riree - Pnrrn/F¢cnv in /Piiilanri/.qnrinrif1PIri/5t JohnShury CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number SD- - ' 1 1 APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) mCiCo ►. L-s I - �o / % � ►- J'u.-, Tk S. ,5 oT -r T u .v7,-e s 0 r= Tty C4. �f s G otTr ,e11oc.6Le ( s-T— a....v/ 7T, Tk S RcVocu�p ►'Ks7_ 256 )Q -tT-,A rw. — W • L L a( S. LT • $ O 2 4'41$4'T U 2) LOCATION OF LAST RECORDED DEED (Book and page 36- Z !'aS-p42 Vo G- -3! 6L >- 3) APCPLIC�/AfNT (Name, mailing address, phone andfax#) C/,.a h��s r/J �-P, 1 k SC'-Z� S3 /+�c��Wc.. �: ��- Vcc� �o LcT� ', u hLs JOi'l t/ T— 6 Syd3 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) -P 5) CONTACT PERSON PERSON (rN/ame m/jailing address, ,p/ phone and fax y#/) q )� 4,1-5 i; J,X c o T 0 6) PROJECT STREET ADDRESS: 2 S'd f� �7� ti ll • /-k JQd 16�62'd'CeZ 5,1930T� $02 $45-- 2-Le3L.- i s 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 66 `6 S- O 0-2-5-6 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) nn b) Proposed Use 1p (include description and size of eac�i law-j�s existing uses to remain) CC. �Je w , _ fZ e s e rn r . 3 /t1 c I,5 1- u Tie _ !Qe s �,1c _ 3 AC &Q S . _kt)gTk�� P-s ,� e : V 6 t )4 c ,-- -rs c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Proposed height of building (if applicable) A e) Number of residential units (if applicable, new units and existing units to remain) Z f) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 9) LOT COVERAGE a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc) Existing _% Proposed % c) Front yard (along each street) Existing _% Proposed % 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) C o )-, S.e,, V , 7', U � rl- s e el- -e % T • j3u, L dj rti r4 cy- ArS C 5 -.' C.. T. ►+ 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) A16A -P 11 - S-oaf A�rcd•. 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) 3d )-CIA 1. z S ZSd- �-e P-eTIY G-7 i 4K7ura., 1� �� RaP. 5F.. Jo GLvirSsow rw-e77- i cAT4v► n H,LL-'Rc0,S.e- �e1T„ noQ�� C�it•P��4G!!l % Pd, S13 A6L4.►.1C2 �-ed'tC C--,kL P I'cr-t-'!, fZ0 '1 5-9. 'erNeST Akc�4a(L-/ICnSC) %T�rt�SCJu}- 5�3 13) ESTIMATED PROJECT COMPLETION DATE 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11 " x 17") of the plans must be submitted. A sketch subdivision application fee is $125. 2 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Do not write below this line DATE OF SUBMISSION: / I 1�qlo have reviewed this sketch plan application and find it to be: IJ Complete ❑ Incomplete Director of Planning & Zoning or Ipesignee Date l EXHIBIT A SKETCH PLAN The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (11" x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. If submitting a plat amendment, please submit only pertinent information. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. o Name and address of owner of record and applicant. o Name of owners of record of contiguous properties. o Numerical and graphical scale, date last revised, and north arrow. o Location map showing relation of proposed subdivision to adjacent property and surrounding area. o Boundaries and area of all contiguous land belonging to the owner of record. o Boundaries and area of the proposed subdivision. o Existing and proposed layout of property lines. o Type and location of existing and proposed restrictions on land (easements, covenants, etc.). o Location, names and widths of existing and proposed streets or private ways. o Existing zoning boundaries. o Existing watercourses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. o Location and size of any existing sewers (including septic tanks) and water mains, culverts and drains on the property to be subdivided. o Number and location of parking spaces (see Section 26.25 of the Zoning Regulations). o Lot coverage information: Building footprint, total lot, and front yard. o A list of waivers desired (if any). o All applicable information required for a site plan application shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned unit development, or planned residential development (please see site plan application). APPLICATION FEE ❑ Sketch Plan Application $125.00 4 No Text � `�«, .s„ "'i\,�,. s»,'.��"r''• '�d slw ..v ,ask. r' i'si '' ;k »'. � »' .,�t�,•, •�,t, •},,!»"F.1 .ySIC. «yrl2 ""{'•.t•, •1'� • _ •9•�„',i• ,4;i0 ' .. f • rsy'.»" WIW,'"�•.. A: w�, 'SLL ��i =� ~7 r•t'r �'1j'j �•;K �yy� -Alm , ,�4• "j� w ,�' st"7t'e '%i °s +` '•r x . { � • " � � .. a .. i�, , tIN State of Vermont Department of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Environmental Conservation State Geologist RELAY SERVICES FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD November 14, 2005 Judith & Charles Scott, II 250 Autumn Hill Road South Burlington VT 05403 C AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 Subject WW-4-2510 create Lot #1 being 3 acres with an existing 4 bedroom single family residence and Lot 42 being 3 acres for a proposed 4 bedroom single family residence located on Autumn Hill Road in South Burlington, Vermont. Dear Sir/Madam: I have reviewed the application and technical information submitted for the above referenced project. Unfortunately, there were items that were not included or were insufficient and I was unable to determine if this project meets the minimum standards of the Environmental Protection Rules. Please provide the following information: 1. Still need additional fee. 2. Show contours for Lot 1 replacement well. 3. Information on hazardous waste site located within 1 mile from project site (see #28 on application). 4. TP #9 and TP # 11 were only excavated to 68 inches; therefore, cannot have system deeper than 20 inches below grade to maintain minimum 48 inches to any ledge. Please respond within thirty, (30) days from the date of this letter. Re -submittals that are incomplete, or made after thirty days may result in the denial of the project. Once I receive the information requested, I will continue my review of the project. If you have any questions as to what is needed, please contact me. Sincerely, A4'0-ta m J." Dolores M. LaRiviere Assistant Regional Engineer cc: South Burlington Planning Commission Douglas Hewitt Qnni—I nffir - Parrn/Fccov Im /Rirtlnnrf/.qnrinnflPlrl/.qt .Inhnchiin/ AGENCY OF NATURAV--SOURCES (ANR) AND NATURAL �UUK(:t5 IJUAKU http://www.anr.stat ..us/dec/ead/pa/index.htm / htt ://ww b.statemt.us/ PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # OF DEC PERMITS: PRE -APPLICATION REVIEW: RESPONSE DATE: PENDING APPLICATION #: L,)(O DISTRICT: 7 TOWN: 5t,•�u 41 ,J tj4-,, PIN CJ 05 - ()y / / OWNER OF PROJECT SITE. APPLICANT OR REPRESENTATIVE: (Name) " n.Lt 0,- 5 (Name) (Address) ;,t5� ; (Address) cY, (Town) (State) (Zip) $ate. f3vgrl A-, � 6 & (Town) (State) (Zip) (Telephone) • 96 . a (Telephone) Project Name: Based on a written or oral request or information provided breceived on IC d6• -C15, a project was reviewed on a tract/tracts of land of qL-.X acres, located on I P_,� ; The project is generally described as:r� / '�i> L4 ble �: .•,�� / �.J L, rw` 5 i J L r2 i✓ VASl_ I �rn�:� 5� 4� + p1 cw.��,5� �'r �:�%�c >t�� ( 3� �Dt� 7/ •✓1Ci'h�"v :l f�Z,.t FJ2�5+1 r�. 2 Prior permits from this office: PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION ® 1 hereby request a jurisdictional opinion from the District Coordi r o ist t District Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. c' ❑ d n r/Agent ® Permit Specialist ❑ Other Person 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LANDOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL COURT WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V. S.A. Chapter 220). (#47) ** Project: ❑ Commercial _fResidenfal ❑ Municipal Has the landowner subdivided before? ❑ Yes ❑ No When/where: # of lots: AN ACT 250 PERMIT IS REQUIRED: ❑ Yes ,� o Copies sent to Statutory Parties: ❑ Yes 5�No BASIS FOR DECISION: SIGNATURE-.'� DATE: X1 IIH I ADDRESS: District # t-1 Environmental Commission District Coordinator Telephone: 111 West St. Essex Jct. Vt. 05452 022y WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED? Yes ❑ No Wastewater System and Potable Water Supply Permit (#1 & #2)** R Notice of Permit Requirements (deferral language ) (#2) ❑ Floor Drains (#1.2) ❑ Campgrounds (#3) ❑ Extension of sewer lines (#5) REGIONAL ENGINEER ASSIGNED: )ctov-eS L«fe."�•-�� SIGNATURE:<-�Jtx) DATE: ADDRESS. Dept. of Environmental Conservation Environment9f A&Aance Division, Permit Specialist Jeff McMahon Telephone: 802-879-5676 Wastewater Ma gement Division, Telephone: 802-879-5656 OVER »»»»»»» **NOTE: NUMBERS IN PARENTHESES (#) REFER TO PERMIT INFORMATION SHEETS IN THE VERMONT PERMIT HANDBOOK http://www.anr.state.vt.us/dec/permit hb/index.htm IS A PRELIMINARY, NON-BIj G DETERMINATION REGARDING OTHER ,MITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-41-3822) Contact: ❑ Discharge Permits: pretreatment; industrial, municipal (#7_i, 7_2, & 8) ❑Indirect Discharge Permits (#9 & 9_1) El Residuals Management (#10) 4. AIR POLLUTION CONTROL DIVISION, ANR (888-520-4879) Contact: ❑ Construction/modification of source (#14) ❑ Open Burning (#18) ❑ Wood Chip Burners (>90 HP) (#14) ❑ Furnace Boiler Conversion/Installation (#14) ❑ Industrial Process Air Emissions (#14) ❑ Diesel Engines (>450 bHP) (#14) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800-823-6500 in VT) Contact: ❑ New Hydrants (#22) ❑ >500' waterline construction (#22) ❑ Community Water System (CWS) ❑ Bottled Water (#20) ❑ Operating permit (#21) ❑ Transient Non -Community water system (TNC) (#21) 0 Capacity Review for Non -transient non -community water systems (NTNC) (#21) WATER QUALITY DIVISION, ANR STORMWATER PERMITS (Hotline 802-241-4320) (#6 — 6_5 ) Contact: Contact: Stephanie Lanphear 802-241-4320 ❑ River Management (241-3770) ❑ Ponds (#32.1) Construction General Permits >1AC of disturbance (#6.1) 241-3779 ❑ Shoreland Encroachment (241-3777) Steve Hanna (#28) Stormwater from new development or redevelopment sites (#6.2 & 6_3) �K Wetlands (241-3770) (#29),QDrJ ( t-ke�&L r (— ,�� • >3.9(o ❑ Multi -Sector General Permit (MSGP) industrial activities w/ SIC codes (#6.4) ❑ Stream Alteration / Section 4U1 Water Quality Certification / Stream Crossing Structures (751-0129 / 879-5631 / 786-5906 (#27 & 32) QWASTE MANAGEMENT DIVISION, ANR Contact: ❑ Hazardous Waste Handler site ID (241-3888) (#26) ❑ Underground Storage Tanks (241-3888) (#33) ❑ Lined landfills; transfer stations, recycling facilities drop off (241-3444) (#37,39,40) El Asbestos Disposal (241-3444) ;RLDisposal of inert waste, untreated wood & stumps (241-3444) (#41 & 44) ❑ Composting Facilities (241-3444) (#43) ❑ Waste oil burning (241-3888) ❑ Waste transporter permit (#35) ❑ Demolition waste 241-3477 ❑ Used septic system components/stone (#41) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: _ ❑ Dam operations (greater than 500,000 cu. ft.) (241-3451) (#45) ❑ State -funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9659) (#46) Contact: SMALL BUSINESS & MUNICIPAL COMPLIANCE ASSISTANCE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: 10. FISH & WILDLIFE DEPARTMENT (802-241-3700) ❑ Nongame & Natural Heritage Program (Threatened & Endangered Species) (#47.4) Judy Mirro/John Daly Contact : ❑ Stream Obstruction Approval (#47.5) 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or Dist. Off. 879-2300 Contact: ❑ Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) (#49, 50, 50.1, 50.2) ❑ Storage of flammable liquids, explosives ❑ LP Gas Storage ❑ Plumbing in residences served by public water/sewer with 10 or more customers (#50.2) ❑ Boilers and pressure vessels (#50.3) 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: ❑ Food, lodging, bakeries, food processors (#51, 51.1, 52, 53, 53 1) ❑ Program for asbestos control & lead certification (#54, 55, 55.1) ElChildren's camps ❑Hot Tub Installation & Inspection — Commercial (#51.1) 13. AGENCY OF HUMAN SERVICES Contact: ❑ Child care facilities (1-800-649-2642 or 802-241-2159) (#57) ❑ Residential care homes (241-2345) (Dept. of Aging & Disabilities) (#59) ❑ Nursing Homes (241-2345) (#39) ❑ Assisted Living and Therapeutic Community Residences (241-2345) (#59) 14. AGENCY OF TRANSPORTATION Contact: ❑ Access to state highways (residential, commercial) (828-2653) (#66) ❑ Junkyards (828-2053) (1032) ❑ Signs (Travel Information Council) (828-2651) (#63) ❑ Railroad crossings (828-2710) (#64) ❑ Development within 500' of a limited access highway (828-2653) (#61) ❑ Airports and landing strips (828-2833) (#65) ❑ Construction within state highway right-of-way (Utilities, Grading, etc.) (828-2653) (#66) ❑ Motor vehicle dealer license (828-2067) (#68) 15. DEPARTMENT OF AGRICULTURE (800-675-9873) Contact: ❑ Use/sale of Pesticides (828-3478) (#72, 73, 74, 75, 76, 77, 78) ❑ Slaughter houses, poultry processing (828-2426) (#81) ❑ Milk Processing Facilities (828-3428) (#83, 83,1, 85, 87) ❑ Animal shelters/pet merchant/livestock dealers (828 2421)_L, 861)_ ❑ Golf Courses (828-3478) #71) ❑Weights and measures, Gas Pumps, Scales (828-2436) (#88) ❑ Green Houses/Nurseries (828-3481) (#79) ❑ Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) (#75.1, 80, 1�6) VERMONT ENERGY CODE ASSSISTANCE CENTER TOLL FREE 888-373-2255 F&tVT Building Energy Standards (#47.2) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) ❑ Historic Buildings (#47.1 & 101) ❑ Archeological Sites (#47 1 & 101) 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) ❑ Liquor Licenses (#90) ❑ General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) ❑ Business Registration (#90.1) ❑ Professional Boards (1-800-439-8683) (#90.2) 20. DEPARTMENT OF TAXES (802-828-2551 & 828-5787) El income &business taxes (sales, meals/ roams, etc) (#91, 92, 93, 94, a5, 96) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2070) ❑ Fuel Taxes; Commercial Vehicle (#69-70) M' LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St., Ste. 205, Essex Jct., VT 05452 (802) 872-2893 (#97, Jul, & 99) 24. OTHER: Sections #3424 above have been completed by Permit Specialist Jeff McMahon Date: j/•K-o51 maybe reached at 802-879-5676 Copies have been mailed to: Revised 2/05 :u State of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Environmental Conservation State Geologist RELAY SERVICES FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD November 1, 2005 Judith & Charles Scott, II 250 Autumn Hill Road South Burlington VT 05403 Wastewater Management Division Essex Regional Office III West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 RE: WW-4-2510, create Lot #1 being 3 acres with an existing 4 bedroom single family residence and Lot #2 being 3 acres for a proposed 4 bedroom single family residence located on Autumn Hill Road in South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on October 26, 2005, including a fee of $420.00 paid by check #1305. Under the performance standards for this program, we have a maximum of 45 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 in-house days, please contact this office. Please submit another check in the amount of $180.00. The fee is based on 1200 gpd x .50 = $600.00. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Management Ernestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission Douglas Hewitt Roninn�l Offirae - Rn,ro/Fccay.lrt /Riiflanr1/CnrinnfiPlr1/.1;f .Inhnchiiry LEGEND LOCATION MAP 314"ilia iron pipe set with identification cop wgrade S''r iron pipe found- emaistent with surveys referenced in Note 4 - accepted as controlling monumemahon ry #5 mbar found +-6"above grade - contistmt with surveys _ bpa.ce referenced in Note 4 - amVied as controlling mommusuation #5 rebarfound- inconsistent with surveys referenced / /rt r� 3/I�du�3 b-b—f- ^",�y,�—d� ��me t Barrow Rd Rood in Note 4 -not accepted as controlling Edward G. Hoehn, HIi �.w PocwN • unmarked point Ikoless otherwise labelled) NTS calculated per Note 4 survey data - - _ - ------- property line ofcurrent lot configuration / / � /r 3° --_--_—____ �(I — - limt/sideline, ofeasnng right ofway ''�rr I 3mmulvonp9d/a former subebwsion/property line � - - � a ri. ya•nd ar du rmwr f 3Grob wa.fa.e rMr d °- John and Susan Jewett / r John and Susan Jewett I rtavelvd °yYOf u■d-_ �.y�/� .S � ba60'wderiyb� --_-_�is493-• i Autumn Hill Rrwe _ �91 ^i"'rr•'`r >— - Pa Moly p.rt o e�Mwce M3d0; pp� La2 �' --1yI �y 882'OS33E _ _ ��$/�-lSy7g--'de�edioVo134JnKorto,2 I 1279-9T _ _ -- _89/1 a, 2177 Lot So _- Current 30acrc V /rr lot with act I b n nbehrurd3'obo..p.m / JefreyS. and Elizabeth A. Goldberg N92.16SM - -- - - buudiagenvelop i Judith Stallz Scott and 125A5 /I �a.p �_ t Ymrrw nimarMAuriao- l".. � I `- I Charles Lewis Scott, H, Trustees -� "° • %' °•' ^^^ •°�dl / i r.; -��- Ma28' % '^ I q Ns"W Na2^ie3U"W Volume 362, Page 4237'2 35' ( t Volume 362, Page 428 ' 1 I � 1.a 5 u ept b ■ 60• wide nrpt of w■y "rained fm future _Z ■ccem "per McBem subdi"suin find pht ■pp —I by do �uaW000 Piw lang cmmisson, 4112n7 tat 5 n 11��ttto ■ 6(r wide nght of wry biaefitumg La 4 "for ' 'I p Ernest Auclar I- puipo.a �ppm and egim and the pl—t of imdwVu and y 5 ^ Vincent L. and Allyson M. Bolduc z u dines ■baR We e■ste fy bomday lice of Las 3 s d 4" per t -9 o w■nmryod m Volume 134, P.F 515, 92M7 i o 9 /rr asoB r- Lot sc g aazro 40`0-09- - 40.2 acre lot with g v i _ Lot 56 i Nd2=q�35 /^e r I 3-0 acrefu /2 home I Conservation Restrictions ��Q\ _ --�_-ennm lilt 3'm""r 'i4o•t3'�n>. ^+ sr e with acre t r� f Buper 2004 t tom City IN G 7'y'°pO'igr°deb La 4 u mbJr;ctba6o'"Sm rLane I e.r.r,,. � m•.o_ I: buddtng ennelo i $ o Sov Burlington ' t C p@ .Dorset gy��,er�� I--�_- L_ 1 °'"'tj. ;z -__=_g'u.'-`-V'Q'� g'"' .lhr a'�■ l deed ofthe Y 1025' �40b.76' - ta o = �q0. = __ _ � won ofro4 s FF m Vo1i�123,p� Bolduc pmuxl ��I482°Og'OS '`�■..":°0.wrr lofwaty. "Yore bind Sc ■h0uVp with 1129i7Q \ Lou4 285 .�:::::�::......•�• urlmgbn. 7'hu� mtym«`e'°°'Po-rag era •ub3ea b.60' I rlg8 a MBL Associates cos' hm�,.� .ub3.m b.60'wide Na2roaro 'e LW�i_ ....................•::.:.b�r�°ved C-liyom the Qtyofs m II P-0149, 'went with "alit ofwry ''� �d.•�•....:.::.......�..:3rn.,.-- T.._.. ��' ' y (la 4)� 4n7mdPer the C83'of8otim porr>iw .. Ni ... ::.�.....�.�.�...■.... c� 6ia 7 1wiunly deed wtnalydeadmv Bwhng°°ID VoI 3o'Os"W 4L.w.:.:.:...1 ::::•.•°:"'7. ■•,,.._ r NOTES Pali hoop b be i°Voh me U6, Arae3 1 �Be 515�92143 Na,�7 5 W 903-45• .v2::::�UjHjjjg::•.•"'.�C�:� i I. A horizontal control traverse was conducted in December 2001 using a theodolite, �'k'hOu'n ur b m'� o somyl/15 �� i IV82 ._ � electronic distance meter and steel tape 24, Vincent L. Bolduc 387 1. Cenain survey data shown hereon may varyfrom recorded data due to differences in dechration, oriemanon, ormethods ofineasurement- 3- Thal ponton in the northwest comer of Lot 5c between the north lot line southerly to the oldpost and electric wirefencelme may be subject to a claim by John and Susan Jewell. 4. The following surveys were unlized in the preparation of of this plat 'Subdivision ofProperty of Dr. if Mrs. Marshall McBean, Dorset Street, South Burlington, VT."dared February 1977, prepared by Cary Croteau, LS of Surveyors Inc., and recorded in Plan Volume 105, Page 64. Property of7homas A. Kiley, Chitienden County, South Burlington, VT." dated July 26, 198Z prepared by Ronald L LaRose, LS, and recorded in Plan Volume 173, Page 78. 5- For engineering dengn and details ofwaslewater rystems on Lot* 5a and 5b we Site Plan - Charles Scoff, Autumn Hill Road, South Burlington, Ferman, dated 10110105 prepared by Douglas 7lewm, RE ofSuinmit Rngineering, Inc project no. 7897. GRAPHICAL SCALE 200 0 200 400 Scale I"= 200' This survey is based on an analysis ofphymcal evidence found on the ground and information abstracted from deeds and other perom mi records 71m plat ns conmslent with Tide 27 V.S.A. Chapter 17, Sections 1401-1406. Albert W. Harris, Yt L.S. 584 Betty Bandel Maurice Leduc Bearings are based on magnetic north 2001. Reunion remavednshu ofwayac J aparcel-3/20/2006-AWH N/F Jewett AUTUMN NILL_R0.1 ' r II I I I Ibl I 1 Ial , 1 II I N/F I I I 1 &eldaerg I I l 1 I I I I II 11 Cordua 11 g17 I W I ` J1 448 f I ( I I Lot 3 — Remaining Parcel i 40.2 Acres f0 I x' ME rtwr< clot r�fnlgti� �r I 1 ' Lot &1 — Current House Site J.0 Acres SN. In.r�lyofrm. a, AA4y105 by nay l at4 PE s mmn EngAw g urfh Odar.. Lm - ANR, Oa.khoe by Jerry floho, blrmvo TM P/fs 1-5 Load...N se. PMn, not eMm g the do+(,o Glom m- & 0-12' binnur y TW-A DIX 12_24" Lt brom gran/., sandy. Dry. L.dg. of 24'. 7P-7 o-zz' &r.nld- Lt bn randy 22,36' Mf V.fty .tmy loam Dane. Mot&.d 3s-3&' r?mulct' randy berm. MNat MW wwr a 22'. TP-& 0-22' U,, brom. study. N-ky far..t fW-J Many root. Sf— D y 22-72' 5adh slmy loan can. My NLM N. 91 TP-9 0-4Y U brown. -Wy. Many ants Stan. Pry 4,T-OY Sb WW .t y man. Pmtlr bald d 01—tbrdous beddhg. Dry HUD. N. WWr. TP-10 0-4e' Lt. bom -* Mmy roots Starnes Dry Sena». 4.-Ar dlf etmy l AmWA bald DNemb— bo Wd &y AMD N. -AT TP-11 0-34' Lt brom. study Many robt. Si-- D,, 34-4u DManfmuas bMdty /ol*r Rwtx dX 47-Rr Sty -dy lows. Poak.Q bald d Dacmfk— b.ddnµ IkY A 71[ N. giI - 1 PERCOLATION TESLogged by Cunnor Olson on 8/28/Oa• PT-1 7.B mM/Yn. O 28 In. 1 PT-2 4.7 mM/ln. O 24 In PT-3 OCi m!n/fi. O 24 M. PT-4 44 } m)n/In. O 24 M. 1 da•5wnvtl Asowtl 1 I TJ Bar1dM f1T£NAt-' 5L9twr RECEIVED FEB 0 9 ",", - 3 City of So. Burl!nolQ'il, - - ^Wes y LA'. - - - — MpM-ol-woy Lk,. 0/E/T Om'bwd Eihlnb/TNghm. 9.,W Re. Fop. R.mnmfv fd utwy Fw. O .an P,y. F.W O R.bw/Ph f.md O`'OL t1.ar.ur ♦ Twl Pit 0 Pf.c Twf Rdf - P/an• Boundary, dght-af--way and xthook Mf—tfan ww taken from a plop titled "Plot of Oront D-kpmenf Rights & Cafew'wtlon R..trtcflone on Land, of Judith S.Scott and Chadds L. Scott, fl' by Nord& Sur )Mg & Land Dispute Resolution doted 9/17/2004 GRAPHIC SCALE ■ IN FM) 1 Imh - 40 M PN/°DO DFli 'd11V PN/GD° !TX® SUMMIT ■NOINNERINO. ING S. -Pew. +tfirAWO daf.eM1 DFH l.A 50 Joy Drew W-C South Burlington, VT 05403 'wr 1"-40 Wes (am) saa-S ee Fn. (eo2) .5&-7ev Owners of R. d Judith Slultz Scott & Chad.. Lewis Scott IL TruatNs VO.I. .1(z PA Qj Vol. MZ ft 428 SITE PLAN 10/7/05 MAJONG NQ CHARLES SCOTT S1 AUTUMN ROv�°NT 7897 SOUTH ® .�y��-`"1711c W , ;R .:;,LOCATIONAIAP 3/4"dra iron pipe set with identification cap at grade U ® iron pipe found - consistent with surveys referenced / 1 � Z. in Note 4 - accepted as controlling monumentation / ' - _ #5 rebar found +-6" above grade -consistent with surveys/ / / referenced rn Note 4 -accepted as controllingmonumentahan �� e314"dra ivanrzedrron d6".hove de o #5 rebar pound - inconsistent with surveys referenced / omer-old 3 str-dh.,b w ofc th rt ana asrerl ,e ie fence rwr.r nor y mNote 4 -not accepted as controlling / _` /Edward G. Hoehn,IIl rA unrnarkedpoint (unless otherwise labelled) / calculatedper Note 4 survey data /�oOo�' _ --------- property line ofcurrentlot corYtguration .�//r/ `� rr/r /. / ,�� - �_--_----`__ — - -- lunitlsidelineofexistingrightofway /3/4"dra iro p�formdlayrng / / // - - r _ /r - o I on the ound at the comer o former subdrwsion property line - _ _ �`✓ bfence that g strand wtre r c3 post and electric wire i runs somherty.nd westerly `- frn hne rn drsrepmr i John and Susan Jewett John and Susan Jewett /_ r / ¢"v01ed-=aY o . - 7{,/ qR� Lot 5 is sub' _ r /./ we�°.. ^�i ,��-/ 'fOrpedest[ian to a 60' Wide right o "-�_154^9�g6j t - / a,�-� less, Purposes ... a d foray belie& -- �tiTAutu�Hill Road -� �., S82.1630'E ,pry n��tiy� Per w,.. along Part oftbe mtaoce of380;gLot2 v S82°0535"E - oa u u[ _ 97.80' .$he. A e q S82°1 Tan9rdeed in VoleasterlYboundguy more Or 3 1' 9 97�� ilrties %/ Ob uhLties� 4� ° _ _ fay ! 0'� 420 00' -Qq time 134, Page 409, a o'L 7t 2 Lot 5a Current 3 0 acre / - for with 112 acre bent reb.rjound 3'above grade Jeffrey S. and Elizabeth A Goldbergaz•1s3o"w�_�� . _' - = budding envelop I pea old 3 st,-dbarb wire f.e Judith Stultz Scott and g 2'16'3' I Scowr that runs atop rheAuclmr bite i_ esideru a i M s �i _ Charles Lewis Scott, II, Trustees t eharmayhweheenm.vedJ ht 134�fi _�44ga8' o N7°5r5o'ryv 1�82°163o�"ltr Volume 362, Page 423 I 5215' f eN tes Volume 3 2 1 3l 30' wide orce main easement - se 6 , Page 428 a is su j to a 60' wide right of way °reserved for future °p m° 00 r` per McBean subdivision final plat approval •57 I v� by the So urhngton Planning COrnmissioq 4/12/77. o v ❑ N Lot 5 is s b1 to a 60' wide right of way benefittmg Lot 4 "for 6 Ernest Auclair i o anpurposes f ngrms and egress and the placement of underground W Vincent L. and Allyson M Bolduc try I Z utilities ong the easterly boundary line of Lots 3 and 4" per warrtyd m volume 134, Page 515, 9/28/77 a o a •o a N S82°D8'S0� 924- Lot SC a r 3 // /� ' ' • . 1 m t 40009, 40.2 acre lot with '� v o r182°p , Lot 56 Conservation Restrictions k o o w �955"[y _ j"grit ne i h 3.0 acre future home per 2004 ant to the Cr a $ a S iren F1��laanln8 - -_ .Terinle Blair .. 3%s4andbarb mlormd3'ab.ve I I site with 112 acre 13 P grant ty Iq o ' 15 obo�eUrod^ Lfi'omDo[sot 4 Is aS7eea60�'S'deri8titofwa �__�l'-a_na /_.( .. — 'rje_nr<r..a=may" �*rh'r a buildingemelo ___ hg of SouthBurlrngton $ zi o , per guardian's deed thebenefitof P� ending eaater] 102 / _ 14`.76' �.. �.. i e =__ .,web'-t-_-" _mom That Powrnaon 5c in Volume 123, JOrn�g BolducY 5' _ 0 0' �i ��o,,nu _ - - - J r" / right of °fLoLs Sb and o 3 age 454 Pazcel -� N82°08 r° orb - - - - Y for ■ mown �-7 11/29/76 Y15"1;r e:000000a0000 !wr Blulm Potential with cross 285.00F - °O ...me ............. o°o°° °° 8ton. Tbia pe line citya hatchin •n MBL Associates aS 1fi49 78mb�ant . w d right Op aN82°O8Lots 4Y'O5�'Rr 387� • °°a ''................................ 0 on °acn�.� �tY° Sou htBurli¢o `,� •o (Lot 4) 5/2 �d the tyof Y"lot potet . �"` gt n. Pemut �dA"° tydeed wu[uttydeedmVo Burlin8tonmVo hue N822�5�w-°°�.°arte.° �000000%o ' oo o o>°e ooe4 T' 0 NOTES nof�Ho4istoberem°Iume146,Page3e134Pag051592843 Ng1230'OSpy 90345�`a°[=°�O°.°Ow°°oo°°""oou000 00 1. A horizontal control traverse was conducted in December 2001 using a theodolite, Porno Loris 56 attb cross 6uc1[s uth t, l9 (LOt5) This _° N38 . '00 and 5csho by City of 9e515, "'°�'°° 8 7 24, "H electronic distance meter and steel tape. Vincent L. Bolduc 2. Certain survey data shown hereon may vary from recorded data due to differences in declination, orientation, or methods ofineasurement. 3. That portion in the northwest corner ofLot 5c between the north lot line southerly to the old post and electric wire fenceline may be subject to a claim by John and Susan Jewett. 4. The following surveys were utilized in the preparation ofofthis plat: "Subdivision of Property of Dr. k Mrs. Marshall McKean, Dorset Street; South Burlington, VT. "dated February 1977, prepared by Gary Croteau, L.S of Surveyors Inc., and recorded in Plan Volume 105, Page 64. Property of Thomas A. Kiley, Chittenden County, South Burlington, VT." dated July 26, 1982, prepared by Ronald L. LaRose, L•S., and recorded in Plan Volume 173, Page 78. S. For engineering design and details of wastewater systems on Lots 5a and 5b see Site Plan - Charles Scott, Autumn Hill Road, South Burlington, Vermont" dated 10/10105 prepared by Douglas Hewitt, P.E. of Summit Engineering, Inc. project no. 7897• GRAPHICAL SCALE *7 7MO 0 200 400 Scale I" = 200' Betty Bandel Maurice Leduc RECEIVED FEB 0 9 , 2006 This survey is based on an analysis ofphysical evidence found My ofso Budington on the ground and information abstracted from deeds and other pertinent records. This plat is consistent with Title 27 V.S.A. Chapter 17, Sections 1401-1406. Albert W. Harris, VU.S. 584 Prof. No. 0110e Ph. 41 Dorn. AWR Ckd. _AVM Bearings are based on magnetic north 2001. Proposed Subdivision of Lands of Judith Stultz Scott and I Charles Lewis Scott, II, Trustees Autumn Hill Road, South Burlington, VT HARRIS SURVEYING & Hinesburg, Date: 5 December 2005 LAND DISPUTE RESOLUTION Vermont Seale: 1•=20a' N/T J...tt A U r U M N H I L7 -t5, — — �8� 1 NIF G"Wv ( I 1 1 ii 1 1 1 I 1 1 I 1 1 I I I Lot !3 —Remaining Parcel 40.2 Acres I 1 1 I I 1 1 aw � I.t rlr Y�IF1 � I I 1 I \Vll 1 I I I 1 1 I 1 I I 1 I I / / 1 1 % Lot /2 Development; Parcel \ 3.dAciv1 �I' uw,rfwya J 1 + I 1 F ' � 1 r 1 1 } 1 1 Lot o'1 — Current House Slte 3.0 Acres - - - - - - - - - •i --�y'+ tiirt,J.l fI'.f.wr JA AbOW- - - - - - — - - - - - - IrM.c NIr AwfAl f.fw.w AM r.wwr Aw Am no- f1�M.r A.f /w. 1-5 fr.f.. .11.h pb. . OTT" fw. iM. ♦ram I►- I o-iL' a..Iwy 7..wf4 12-2I' LE b— r�.w.'r. wny fwp t.y..0 W n-y o-ir a.wr a n--� aw.v .tb• .f.V• w.a aw.. fww. s-Ir w-f -W b t&L Kra am • ar.. r~4 r-tr LL b.- ..b, tl..ry ft.* f*wL MW n.fa S10- Ltp m-rr >� wewa..w. f.... ft Km fw am "'S 0-4.r IL &— Soso Mny ~ft MOM a% 43-W J,* .f.a w... Iwr.a fWI.I wlf�ffwr tr..ws � Km fr ONE rp-1w 0-Ir LL 61— h "W rook Dbwa ap 49-W ww+f "W ft- A.w4 fwwt t ffl-w.ww "& a alp Km M a1/[ Ir-n o ar u was wwa ff.wyn-6. llw.a arp Orr *MW .06 wwr, h..{ wU.d arwwaww. ftddl* fip K m /I. mkw.. CmOadli�L ffffd7S L.rr.r by 61.wfr ab.w .w 6/10Nn• rr-I 7.a wNr/:f • lr w pr-r I.7 mfw/N. •!I M. rr-d AI fMt�tf. / N h rr-4 44 �/�• • N Ir. RECEIVE FEB 0 9 Ad My Of So. aw - a. a4n ---w--.-- a■w.N ... /TIN Aft Ibw M.wY 0 Uwe• ft* • NI.A'r tiw o" tww,.w aw pa • P" Iww wy rr1 wObwk Mh ewpow r fOM 1rw . OM ~ 7Nrf a,.tl Owwlyrwrrff M/Ah R clrfwr a6Yrf AWfrhtbffr w. Lamb of A#" A AHt awf L WOM L. JOWL r' 1y ft fa ArMft f Lail a*wh f "IMU . btwl r/17/MOA GRAM OCMA Iwo�rl 1 •w► - N R rr•^+rrrrrr ■11 '+rrt rr �t _ __r 9 2 4 ffwflrr 811E PLAN lf/i7A * 4N+M• AIR CFIArAn SOOTT S1� Mr MmmU M mmm 617897