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Home My WebLink Aboutcoa.lu.sr.Hirsch.A4795Hirsch Sad-- Overlay Reveiw 2735-122;;�2 A47-95 Z-73571/Z z -0 Y Ocz Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 1iPC -63875-046 Zoning & Sign Perndt - MRO11 Use Tar County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Enginc.-r 00115-63340-163 City Engineer 00123-63340-190 Housing 00125-63340-205 Eaviromental Health Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other Total__ _ Name: / f4jL q" A,�eDate: 7/i Address: �� Project: Case No: Phone: % — No. of Copies i' a� Check:- �,fiz �v- u. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 04/11/95 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-122-04-002 A47-95 STAFF MEMBER: PROJECT NAME: Hirsch Special Overlay Review Project Address: 635 Sneaky Lane Legal Address: Lot 2, Sneaky Lane Subdivision APPLICANT: Tom & Maureen Hirsch 920-2221/920-4484 Applicant Address: 635 Sneaky Lane, Aspen REPRESENTATIVE: Paul Bierman -Lytle, The Masters Corp. Representative Address/Phone: Box 514 (203)966-3541 New Canaan, CT 06840 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 425 # APPS RECEIVED 9 ENGINEER $ # PLATS RECEIVED 2 (lcr) HOUSING $ ENV. HEALTH $ TOTAL $ TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning DATE REFERRED: FINAL ROUTING: City Atty Housing Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other INITIALS: DUE: DATE ROUTED: �" INITIAP:ytv City Engineer Zoning Env. Health Open Space Other: FILE STATUS AND LOCATION: MEMORANDUM TO: Overlay Zone District Sub -Committee v FROM: Leslie Lamont, Deputy Director RE: Hirsch Interim Overlay Review DATE: April 25, 1995 ------------------------------------------------------------ ------------------------------------------------------------ SUMMARY: This review is based on the General Guidelines found in the Neighborhood Character Design Guidelines for design and character. Special Review is mandatory although the parcel is 24,792 square feet so compliance with the review is voluntary. Planning staff believes that this project, with recommended changes, complies with the General Guidelines. APPLICANTS: Tom and Maureen Hirsch, represented by Paul Bierman - Lytle LOCATION: 635 Sneaky Lane, zoned R-30. STAFF COMMENTS: Please refer to the application information for a more complete representation of the proposal. Because the site is not within a "core neighborhood", only the General Guidelines found in Chapter 1 of the Guidelines, will a ly to this review. Q� The applicants propose to add approximate /1,930 s uare feet of floor area onto their existing single fame sidence. Thee majority of the new floor area is a two story wing to the westof ,9 the home in an attempt to balance the garage wing on the east side C) of the home. The front entrance is being located in between th east and west wings facing Sneaky Lane. In addition, a partial second floor is being added to the garage and the�arage entrance�y is being shifted to face the street. The additions to ting home will increase the total floor area of the house o 99% b the allowable floor area of the site. General Guidelines: The General Guidelines are meant to be broad in nature and address design variables that are common to all areas. Mass and Scale - 1. Buildings should help establish a sense of human scale that is inviting to pedestrians. 1 response: Most homes along Sneaky Lane are well set back from the street and tucked into groves of cottonwoods and aspens. The existing home, which is setback significantly from the road, presents a flat windowless profile. The front door is around to the side of the garage and is not visible from the street or from the existing driveway. The renovation will relocate the front door to a more prominent position in between the east and west wings and the existing parking area will be converted to a front courtyard pedestrian friendly area. 2. New buildings should appear similar in scale to those in the established neighborhood, or to the scale that is desired for the neighborhood; and 3. The street elevation of a building should be designed to appear in scale with those seen traditionally. response: The architectural style of the homes along Sneaky Lane are varied. The homes are set back from the street and surrounded by mature vegetation. The mass of most homes is divided within the structure between one and two story elements and portions of buildings are set back from each other. In a few instances the garage is a seperate structure. The proposed addition to the Hirsch residence will not bring the home closer to the road and will balance the existing garage portion of the home. The home may be viewed as three seperate pieces, the east and west, and with a center connection. However, the partial second floor added to the garage will eliminate the one story element that exists and found in other homes in the neighborhood. Fortunately, the second story is setback from the overhang of the garage which will add some punctuation to the facade. Other than proposing a lower roof height from the rest of the house, the facade of the new addition on the west of the home is rather blank and undefined. According to the submitted plans, only one window per floor is provided. 12. Minimize the visual impact of garages. response: Currently the garage is entered from a drive that encompasses a significant amount of front yard space. A mix of aspens and cottonwoods and ground cover exist between the garage and the road. It is this type of garage door orientation that is encouraged by the Guidelines. However, the applicants propose to reorient the entrance of the garage door toward Sneaky Lane and redefine the front yard to create a landscaped walkway leading to the front door. Most of the existing vegetation will be lost to the new drive and garage entrance. The garage is and will be the closest portion of the home to the road. F RECOMMENDATION: Staff recommends approval of�his addition with the recommendation that the elevation of the�west addition is changed to provide additional elements to break of the tall, blank wall. In addition, staff would recommend that the proposed orientation of the garage door be(altered or reduced in scale to minimize the visual impact from Sri�aky Lan . �- Q JV RECOMMENDED MOTION: "I move to approve the Hirsch Special Overlay Review with the recommendations outlined in staffs memo dated April 25, 1995." ATTACHMENTS: A. Application B. Submitted Plans 3 A7' .%o eiDir 1 LAND USE , E IPLICATZON FORM Project Name HIRSCH RESIDEW I� �) project Location 635 Sneaky La c, Lot 2, Section 12 Township 10 South, Range 85 West of the 6th P.M. (i n i cats street address, lot & W xr-c amber, legal description wham apprcpri,� t:e) Present zoning R- 3 0 4) Lot Size 24,792 Cross s f 20,880 Net sf j npplicant'S Name, AddreSS & Phone ' Tom and Maurccni\,Hircrh 635 Sneaky Lane, Aspen, CO 81611, '03-920-2221 , 920-4484 (home) 6) Representative's Name, Address & Puxlle # Paul Bierman-Lytic, President The Masters Corporation, P.O. Box 14, 289 Mill Rd., New Canaan, CT. 06840 203-966-3541 7) Type off Application (please check .-LU that apply): Condit-ional Use Qarcepbuz� 1 SPA Conceptual historic Dev. _ X Special Review Final SPIN Final Historic Dev. 8040 Greenline Ooncepbi= l PUD Minor Historic DeM. _ x Stream Margin Final PUI) Historic Demolition Mountain View Plane Subciivisi on Historic Designation con jcm i n i t m, i Tation Text/Map AWUOMent_ C,NZiS Allotment Lot Split/ _ot Line QMQ$ motion Adjustment 8) Description of F�cistin� Uses (mm1ber and type Of e]ssi stems; is us appr ovals granted to tr,c. approximate sq. ft. ; rxmber of h rlrnams: any PM-' property)- Previous Stream Margin Review has been approved; current u,,e is sf) Application is for revised plans which reduce proposed and aRprovP�i feet; r�^t We have reduced footprint aL_prnnn 9) Description of Development AW"' Itian See attachment _fc ,0) Have you attached the following? rticumml SZibmission Cante7� Y to Attad�ent Yes es Response to Attad±nent 3, Specific SUttnission Intents iorl � C, F2v�br e to Attac�ur�t 4, "✓icw StwyY d:> 'rfor Ya � c ApQlicD1' • • SPECIAL REVIEW: Compliance with Neighborhood Character Guidelines APPLICATION APPLICANT: ADDRESS: ZONE DISTRICT: LOT SIZE (SQUARE FEET): EXISTING FAR: ALLOWABLE FAR: PROPOSED FAR: EXISTING NET LEASABLE: PROPOSED NET LEASABLE: EXISTING % OF SITE COVERAGE: PROPOSED % OF SITE COVERAGE: EXISTING % OF OPEN SPACE: PROPOSED % OF OPEN SPACE: EXISTING MAXIMUM HEIGHT: PROPOSED MAXIMUM HEIGHT: PROPOSED % OF DEMOLITION: EXISTING NUMBER OF BEDROOMS: PROPOSED NUMBER OF BEDROOMS EXISTING ON -SITE PARKING SPACES: Tom and Mattreen Hirsch 635 Sneaky Lane. Aspen. CO R-30 24,792 Gross Sq.Ft. - 20,880 Net Sq. Ft. 2,920.4 Sq. Ft. 4,853q. Ft. 4,850 Sq, Ft. Not applicable (non-commercial) Not applicable 13.9 % (2920.4/20,880) 23.2 % (4850/20,880) Not applicable (non-commercial) Not a j� licable 26'-0" Principal Bldg. 30'-0" Principal B1 g. 5 ON -SITE PARKING SPACES REQUIRED: 2 SETBACKS: EXISTING: ALLOWABLE: PROPOSED: Front: 83' Front: 25' Front: 83' Rear: 46' Rear: 25' Rear: 46' Side: 21' Side: 10' Side: 21' Combined Front/Rear 129' Combined Frt/Rr: 50' Combined Frt/Rr. 129' EXISTING NONCONFORMITIES/ None Existingor r Proposed ENCROACHMENTS: VARIATIONS REQUESTED (eligible for Landmarks Only character compatibility finding must be made by HPQ: FAR: Minimum Distance Between Buildings: SETBACKS: Front:: Parking Spaces: Rear: Open Space (Commercial): Side: Height (Cottage Infill Only): Combined Frt/Rr:: 1�7;te Coverage (Cottage Infill Onlv): • EXISTING CHARACTER OF SNEAKY LANE, ASPEN, COLORADO The street is located north below the HWY 82 bridge leaving Aspen toward Basalt. Sneaky Lane is at the furtherst west end of the West End neighborhood. It is adjacent to Castle Creek and has only one entry road, off Plant Road. By nature of its lower elevation and being off the beaten path, it is nestled, literally, below Aspen proper, with characteristics of being very quiet from road traffic and enjoying great privacy. Most homes on Sneaky Lane have Castle Creek frontage and consequently most homes orient their major views in this direction, which is away from incoming neighbors or guests. The homes (approximately 9 total) are built close to the aspen and cottonwood stands, and therefore, are not easy to see until one is quite close to them. The architecture is varied, but the majority use light grey wood siding to blend with the trees; the roof lines are angled and pitched; few, if any, have flat roofs. Most properties are heavily wooded and have generous space between boundaries. Windows tend to be smaller in scale towards the street side, while use larger glass sizes on the Creek side, thus giving a residential scale to the public while offering grand views of nature and the Creek on the private exposures. HIRSCH PROPOSED DEVELOPMENT OF EXISTING HOME Our existing home is ugly, in our opinion, and does not contribute to the beautiful architectural character of Aspen or of our street. It has very low-pitched roofs, so much so, that the roof must be surface -treated like a flat roof; over the years this material has failed, and the roof leaks in many locations. Two abandoned solar collectors sit on the roof and are unsightly. The original garage space has since been converted to other uses, and therefore cars must be parked outdoors which is not appealing. The views of Castle Creek are limited and strained by the use of small windows. The interior ceilings are tall cathedral, but dark. Consequently, the home environment is uncomfortable and does not take advantage of the beautiful views surrounding it. Our proposal is to renovate the existing home without major demolition of the existing structure except the roof, in essence keeping the existing footprint in tact. In order to correct the roof leaking problems and create a more attractive roof -line, we are designing a more elegant pitch to the roof and applying roof shingles similar to those seen around Aspen. While we are removing the solar panels, we are improving natural daylight throughout by using clerestory windows wherever possible, instead of skylights. We are converting the existing garage back to a garage for cars and building a second story above it to make the garage structure into a more integrated look while giving us t guest room space formerly.in the first floor of the old garage. To acco►nmodate our growing family, we are building a small addition wing to the east, which balances the garage wing to the west. This design focuses the entrance directly in the middle. We plan to landscape the current "front yard", which serves as car parking, with more aspens and cottonwoods. In fact, we plan to remove no more than three existing trees with trunk diameters of 5-6-inches. On completion, there will be more trees than presently exist on our parcel. We have retained The Masters Corporation, an environmental architectural and construction firm, which specializes in environmental homes around the country. They will be concentrating on energy - conservation design techniques, water -conservation appliances and fixtures, and low toxic building materials throughout. There will be little use of formaldehyde products, no chemical pesticides, herbicides, and low-VOC products (volatile organic compounds). During demolition, products and interior cabinetry will be salvaged wherever possible, rather than carted to waste disposal. Some of the existing wood vertical siding will remain, in this effort to salvage, while the new siding will switch to horizontal wood siding. All windows and doors will be wood, painted or stained, in wood or natural colors. The upper portion of the windows and doors will have muntins or grills, which give the home a very residential character. The overall intent of our project is create a magical home for our family to live and grow in, to create a home which blends into the neighborhood and the natural surroundings, to create a home which embraces the creek outside our main living areas, and to create a home which promotes environmental design, high standards for indoor air quality, and integration of environmentally sensitive .building materials and techniques. We also hope to achieve this dream within our budget. Project: Building Permit #4-462 Hirsch Residence 635 Sneaky Lane Aspen, Colorado TO: Aspen Planning & Zoning Kim Johnson FROM: Paul Bierman -Lytle The Masters Corporation Environmental Architecture and Construction New Canaan, Connecticut RE: Revisions to Design Plans (Permit #4-462) Dear Kim and P&Z: I have been retained by As discussed during our last meeting, improve the environmental conditions l Tom and Maureen Hirsch to which were not addressed in the original architectural pans submitted to the Building Department. We fully recognize that a building permit has been granted for the original design and tour the Stream Margin Review has been approved as well. However, new efforts to improve the deagn will not outlin d below, we believe weStream ahave rgin Review in any way; in fact, s enhanced the site significantly. I will be sending you the revised elevations, floor plans and site plan in the next 10 days for your review. review hopefule Y that you can expedite the process of building permit this ie be achieved the previous approvals. As I understand it, If you have any by virtue of an "Executive Exe. Thpnk yoution veryttmuch. questions, please I, Revision Goals 1, Reduce overall footprint on the property in order to save existing trees, sustain natural environment for aesthetics, solar etc., reduce building shading and access, ground -water run-off, costs, improve efficient removes building and conservation of materials and demolition/waste l. rint by The current revised design reduces the overall foot 746 sf or 4% from the original submitted plans currently permitted for construction. 2. Add no physical changes to the design which would impact the Stream Margin Review approval. square footage on the The revised design does not add any north side or stream side; , and,n fact ,sfeduces overall footprint square footage, as 3. Reduce removal or destruction of existing trees and native vegetation. The revised design eliminates construction proposed in the earlier design which threatened an existing 8-inch diameter spruce; in addition, the new design saves another 14 smaller diameter aspens and cottonwoods which would have been removed in the earlier design. 4. Improve daylighting design, energy efficiency, water conservation, and indoor air quality. The revised design omits earlier design features which would have blocked solar access and daylighting into the home, affecting cross ventilation, views, and energy performance. The revised design utilizes more compact design shapes and building envelope efficiencies which will improve energy performance. Specifications and relocations of bathrooms and plumbing fixtures will improve water conservation. Strategic demolition specified in the new design will help mitigate current mold and mildew problems, as well as the introduction of non -toxic building material selections, such as non-VOC paints, low VOC carpeting and wood finishes, HEPA filtration, cotton insulation, to mention a few. • • SPECIAL REVIEW Committee April 10,1995 City of Aspen, Colorado To Whom It May Concern: As owners of the property located on 635 Sneaky Lane, in Aspen, we are applying for the Special Review regarding the renovation of our home. Our address and telephone is: Tom and Maureen Hirsch 635 Sneaky Lane Aspen, Colorado 303-920-2221 (office) 303-920-4484 (home) We also, hereby, authorize the following representative to serve as our agent when we are unable to be present at meetings or when it is deemed more appropriate. The Masters Corporation is currently designing and will be contracting the renovation of our home. Paul Bierman -Lytle, President The Masters Corporation Environmental Architecture and Construction P.O. Box 514,289 Mill Road New Canaan, Connecticut 06840 We attach the following documents for the Special Review: 1. Disclosure of ownership and legal description of the property. 2. 8 1/2" x 11" vicinity map locating our property on Sneaky Lane 3. Written description of the existing character of the neighborhood within which our property is located. 4. Written description of how our proposed project complies with the "Neighborhood Character Guidelines", including a description of our intended development of the property. 5. Site/landscape plan, floor plans, elevations, and scale model depicting the project. (The model will be presented during the meeting). Thank you. Sincerely, % Tom and aureen Hirsch ISSUED BY ®Commonwealth® POLICY NUMBER Land Title Insurance Company - S � 8 0 2 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. Attest: COMMONWEALTH LAND TITLE INSURANCE COMPANY By - EXCLUSIONS FROM COVERAGE President The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. American Land Title Association Owner's Policy (10-21-87) Face Page Valid Only If Schedule A, B and Cover Are Attached Form 1141-2 ORIGINOI SCHEDULE A -OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT-5640C2 01/27/93 @ 10:04 A.M. $ 1,000,000.00 128-057802 1. NAME OF INSURED: TOM HIRSCH and MAUREEN HIRSCH 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: TOM HIRSCH and MAUREEN HIRSCH 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOT 2, SNEAKY LANE SUBDIVISION, according to the Plat thereof recorded July 17, 1972 in Plat Book 4 at Page 259. COUNTY OF PITKIN, STATE OF COLORADO. YO u 601KIN COUNTY E. HO KINSTAVE. INC. Countersigned Authorized(Agent ASPEN, COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. r CASE NUMBER PCT-5640C2 SCHEDULE B-OWNERS DATE OF POLICY 01/27/93 @ 10:04 A.M. POLICY NUMBER 128-057802 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 6. Taxes for the year 1993 not yet due or payable. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 3, 1892 in Book 55 at Page 35. 8. Rights of way for ingress and egress, road, utility and pedestrian purposes as evidenced in Deeds recorded May 26, 1954 in Book 172 at Page 318, recorded February 18, 1963 in Book 201 at Page 180, and Easement 20 feet in width all being located in Sneaky Lane as shown on the recorded Plat recorded July 17, 1972 in Plat Book 4 at Page 259. 9. Pedestrian easement 6.5 feet in width along Castle Creek and 5 feet in width along the Southerly lot line, as shown on the recorded Plat, recorded July 17, 1972 in Plat Book 4 at Page 259. EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED. • CONDITIONS AND STIPULA#NS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to Commonwealth Land Title Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania 19103-2198. American Land Title Association Owner's Policy (10-21-87) Cover Page Form 1141-3 Valid Only If Face Page, Schedules A and B Are Attached • • The Masters Corporation 1 Environmental Architecture and Construction P.O. Box 514,289 Mill Road New Canaan, Connecticut 06840 203-966-3541 203-966-2807 FAX TRANSMITTAL TO: Kim Johnson DATE: 4/10/95 Special Review FROM: Paul Bierman -Lytle VIA: FAX FED-X MAILBOX US MAIL UPS HAND -DELIVER Number of Pages (including this c tie) Dear Kim, Enclosed are eight (8) copi(s of the Special Review Application and 11 x 17 sets of the architectural drawin ;s as requested by the application. Maureen or Tom Hirsch will come into your office with the check for $ 425 and the remainder of the application contents: Signed letter, proof of property ownership. I will be bringing a scale ii odel to the meeting along with photographs of the neighborhood on Sneaky I ane. I trust this completes the application in full ---and I appreciate your help in expediting this matter with mo! Tomorrow I will begin work on the Stream Margin Exemption application and mail it to you by lie end of this week. Thank you again. Sincerely, I Paul Bierman -Lytle 1 Transmittal from Paul Bierman -Lytle o'° P� o S o o a z 0.5 low. "� °u M b N '� 1+•1 A U V -us pf ao d O O �o+3M WUNUlV 0 • 9 iiiiiiiiiiiiii�i��l� !!I C. 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