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HomeMy WebLinkAboutBATCH - Supplemental - 1515 Shelburne Road (2)PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 June 2, 1988 Town & Country Furniture 1515 Shelburne Road South Burlington, Vermont 05403 Dear Mr. Lash: ZONING ADMINISTRATOR 658-7958 During your absence we .learned that your addition to Town and Country was constructed to within three and one half feet of the waterline. As you are aware the waterline is located within a fifteen foot easement along ,your northerly property line. During review by the Planning Commission Sue Messina of the Water Department expressed concern that your addition may encroach within the easements. The Planning Commission stipulated "that a surveyed plan with the boundary adjustments for the 50 foot strip along the northern property line shall be recorded prior to permit. The 50 foot strip shall be shown as part and parcel of the lot at. 1515 Shelburne Road and not as a separate lot. The surveyed plan shall show the 15 foot water main easement." To my knowledge ,you failed to comply with this condition, resulting in not locating the waterline which now has created the problem. It also appears that the front portion of the addition was constructed at a width three feet greater than we originally approved. Due to the fact that ,your addition is located within the waterline easement is a real concern of both the Water Department and the Planning Commission and both are looking for an immediate resolution to this problem. Please contact me after you resolve this issue with your builder. We must inform ,you that. this is a very serious matter which may result in legal action should you fail to comply with this request. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer 11W/mcp ��� ��^��N����� ��"����*��0pNN���°���� Co.,Inc.�'�������� Construction �w�m�'�mm�� June 6, South Burlinqton P] 5757 Dorset Street South Burlington, Vermont 05403 Dear Jane, Rrcent converstaions with Dick Ward suggest that a problem may ' with the addition to Town and Country Furniture at 1515 �helburne Road. The area of concern pertains to the water line and waterline easement at the north property line. It seems the needed easement is encroached upon by a small section of the addition. ' The addition was enlarged to 40' in width and decreased in length. The footprint is 4,672 sq. ft. ve.'sus the approVed footprint of 5,061 sq. ft. This was changed due to requirements imposed by-- the Department of Labor and Industry. All calculaiions showed that the required sideyard was still being met. As shown the waterline still met the 7' easement or distance from the building. In reality, the problem arose �hen excavation uncovered the wa� line in a different location than plans showed. We 5eliev, tnis to be caused by a slight curvature in the line' As is sta' now all parties are agreeeble to the existing condition including Not Lash, South Burlington Water Department �nd Casey -- � - - Company. This was verified by Davi� Kuusela of -' �`ue o/ So. Burl. Water, and Bill Lang of L,' E'r^va�ing. At one point, the Water Department agreed to mc he line ar their expense because of its poor conditio. not to for some reason. We have not in anyway trzen t� �u�� � fast one". The building is smaller than approved, the setback` and easements u,.'ked on paper. As is, there'is only one short section of water line which doesn't have 7-1/2' of clearance fro the building ' �e sketch) S 33 North Avenue °Burli° 802-863-4944 SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 239 SOUTH UNION STREET P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES O. FOLEY STEVEN F. STITZEL RICHARD F. PETERSON. JR. June 7, 1988 Ms. Susan Messina South Burlington Water Department 403 Queen City Park Road South Burlington, VT 05403 Mr. Richard Ward c/o Municipal Offices 575 Dorset Street South Burlington, VT 05403 Re: Town and Country Furniture Dear Sue and Dick: (802) 862-6451 (802) 863-2 85 7 TELECOPIER (802) 863-2859 I am enclosing for review by each of you a copy of the Hold Harmless Agree- ment which I have prepared for signature by the City, the Water Department and Mr. and Mrs. Lash. As you can see, it provides for the release of each party's possible claims against the other. Please review it and give me a call with your thoughts. Very truly yours, P�. Ce Richard F. Peterson, Jr. RFP:ljj Enclosure HOLD HARMLESS AGREEMENT THIS AGREEMENT executed by and between the City of South Burlington, a Vermont municipal corporation located in Chittenden County, Vermont, together with the South Burlington Water Department (hereinafter collec- tively referred to as "the City") and Nathaniel B. Lash and Millicent C. Lash of Burlington in the County of Chittenden and State of Vermont (hereinafter "Lash"). WHEREAS, Lash is the owner of a certain parcel of land with buildings and improvements thereon situated on the westerly side of Shelburne Road in South Burlington, said parcel being all and the same land and premises conveyed to Lash by two warranty deeds of Antonio B. Pomerieau, dated June 9, 1969 and December 1, 1986 and being recorded in Volume 91 at Page 153 and Volume 218 at Page 357, respectively, of the South Burlington Land Records (hereinafter "the Property"); and WHEREAS, on October 28, 1986, Lash received approval from the South Burlington Planning Commission to construct an addition to his existing building on the Property; and WHEREAS, the approved Site Plan depicted the proposed addition being situated entirely southerly of a 15 foot waterline easement owned by the City by virtue of a Quitclaim Deed of Antonio B. Pomerleau, dated June 22, 1970 and recorded in Volume 74 at Page Page 461 of the South Burlington Land Records; and WHEREAS, the addition, as actually constructed, encroaches upon said right of way; and SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 14 O UR LIN GTON, VERMONT .k WHEREAS, the parties desire to reduce to writing their agreement concerning any damage to Lash's property resulting from said encroachment in such form as to render it binding upon themselves, and their respec- tive heirs, executors, administrators, agents, successors or assigns. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) each to the other paid, receipt whereof is hereby acknowledged, and in consideration of the mutual covenants hereinafter provided, it is hereby agreed as follows: 1. Lash shall hold the City harmless from any and all damages to their buildings and improvements on the Property resulting from break, rupture or leakage of the waterline running through the easement upon which said building and improvements encroach. 2. Lash shall hold the City harmless from any and all damage to their buildings and improvements on the Property resulting from any action of the City in repairing, replacing, maintaining or otherwise performing operations on the waterline running through the easement upon which said building and improvements encroach. 3. The city hereby agrees to waive any claim it may presently have against Lash for violation of the City's Planning and Zoning Regu- lations in the construction of their addition and for the present encroach- ment upon its easement. SPOKES. FOLEY is STITZEL ATTORNEYS AT LAW BURLINGTON, VERMONT -2- SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW BURLINGTON, VERMONT 4. This agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators, agents, successors or assigns. Dated at South Burlington, Vermont this day of June, 1988. IN THE PRESENCE OF: CITY OF SOUTH BURLINGTON By: Its Duly Authorized Agent Dated at South Burlington, Vermont this day of June, 1988. IN THE PRESENCE OF: SOUTH BURLINGTON WATER DEPARTMENT Dated at June, 1988. IN THE PRESENCE OF: By: Its Duly Authorized Agent , Vermont this day of Nathanial R. Lash Millicent C. Lash STATE OF VERMONT, COUNTY OF CHITTENDEN, SS. At in said County on this day of June, 1988, personally appeared and he acknowledged the foregoing instrument, by him sealed and sub- scribed to be his free act and deed and the free act and deed of the City of South Burlington. Before me, Notary Public -3- STATE OF VERMONT, COUNTY OF CHITTENDEN, SS. At in said County on this day of June, 1988, _ personally appeared and acknowledged the foregoing instrument, by sealed and subscribed to be free act and deed and the free act and deed of the South Burlington Water Department. Before me, STATE OF VERMONT, COUNTY OF CHITTENDEN, SS. Notary Public At _ _ in said County on this day of June, 1988, Nathanial R. Lash and Millicent C. Lash personally appeared and they acknowledged the foregoing instrument, by them sealed and subscribed to be their free act and deed. Before me, SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW BURLINGTON, VERMONT -4- Notary Public Town&CountryvurnitureShop 1515 SHELBURNE ROAD (802) 863-1 165 SO. BURLINGTON, VT 05401 July 6th, 1990 South Burlington Planning Dept 575 Dorset Street So Burlington, VT 05403 Attention: Mr. Joseph Weith, City Planner Dear Mr. Weith, This letter is to inform you that the additional landscaping and tree planting required by the South Burlington Planning Commission has been completed by Leisure Life Gardens under the supervision of Mr. Brad Cranwell. Encl cc Carl Lisman, Atty. Steven Stitzel, Atty. Sincerely, Nat President Town & Country Furniture Shop, Inc. a6 4 0 -4,y S.,M. 56,= ::5' L-I?S LLr«JV— rZ,A-r.- -%%Mewr —%v~: ro.;%es: City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 29, 1990 Attorney Steve Stitzel 271 South Union Street Burlington, Vermont 05401 Re: Town & Country - Landscaping Dear Steve: ZONING ADMINISTRATOR 658-7958 As we discussed over the telephone, I received two letters (enclosed) from Nat Lash of Town & Country Furniture requesting suggestions for acceptable landscaping on his property. Mr. Lash is required to install an additional $2,000 in landscaping sepa- rate from the landscaping along the north property line. The City is responsible for installing the landscaping along the north property line as part of the recent agreement between the City and Mr. Lash. Enclosed is a site plan of the Town & Country property on Shel- burne Road upon which I have added my landscaping recommendations (marked as A, B and C). The quantity, types and sizes of land- scape species I have proposed would value approximately $2000. The species are tolerant to salt and I feel they would enhance the appearance of the site. Please forward these suggestions to Mr. Lash or his representa- tive. Please call if you have any questions. S' erely oe Weith, City Planner Encls cc: South Burlington Planning Commission JW/mcp I A4' 0' �I e-=— PAVED hccC�s Tw.-. � Cyvti-4+y Scam_ I•• ZA' d. d.,., 6y B.z d eC -41-. Z Fwckr- �,.-z•.aew ra 56, wo 134A � BtJ,LY coVE'R1.C�E SLDGs. zo-ses..5 35 Tc pAVIIJ(r ZC, J Iti 5 .3 7, Torh L 70'7� I IS Ccd-xz s"4' - �`-r- \ [MP1er s' o.G� ATrt VALUt As 1 f L•1a� 3-V' v.. e� kdai-,i�oh i a A�h,.1 tsae•s d j 1 IS ceders 7��\' v.. Low 1' Kqi TEE 1 crG,,ne/ EX "ll I 4 �wrs 1 1 1 rEtAf;.,� 4�P�s 1 1 � ATCrt Urvc EhGEHE1.TT— 6-8" i (=Add h 19 3 7 b•e eyr.M;.r 1 P�L ud avb.^Y S f -{ E L_ t3 c t_ T-,1J E iZoA D sywtgo� Qv��:% A 3 'rip st zg CoLaRADO BLUE SPROtt' Y-S l PED M4-P4E ,, Z- 2yt CaL. i 1w Town&CountryvurnitureShop 1515 SHELBURNE ROAD SO. BURLINGTON, VT 05401 (802) 863-1165 May 8, 1990 South Burlington Planning Department 575 Dorset Street So. Burlington, VT 05403 Attn: Mr. Joseph Weith, City Planner Dear Mr. Weith, In a recent agreement signed between the City of South Burlington and Nathaniel and Millicent Lash, it was agreed that we would expend an additional $2.,000 for landscaping the Town and Country Furniture Shop site. In view of the fact that we are no longer obligated to landscape along the northern property line, we would appreciate suggestions as to what would be an acceptable augmentation of our present landscaping. Originally it was suggested that the three trees in the front be removed due to widening of the road, but, now that this widening is doubtful we feel it premature to remove them. Please contact me at once so this matter can be resolved as soon as possible. Sincerely, Nat'. sh, President Town & Country Furniture Shop �1 1 cc Carl Lisman, Atty. Steven Stitzel, Atty. -M�2 r� A - own ountrFurnitureShopY 1515 SHELBURNE ROAD SO. BURLINGTON, VT 05401 (802)863-1165 May 24th, 1990 South Burlington Planning Department 575 Dorset Street South Burlington, VT 05403 Attention: Mr. Joseph Weith City Planner Dear Mr. Weith, Not having received a reply or call from you, I am writing this letter to certify the fact that you received our letter of May 8th regarding the landscaping. Sincerely, Nat La President Town & Country Furniture Shop, Inc. NL/lf a A /Wad WT t— kfWc t, Irvte 4 10 IL- �-r_p MAF�NFL't7 t, W Ll N T tA.MuLLttEd - b- 4 /3.i-o A i,g- z 43, 3 a,::.) c� ) [WeLife G rdens More than just a garden center. + 1,F747 `trl\ I aqAJS 3 3 3 ue-�oYov�dec� -o u crr.-1- adK RQa Abe S�2c IYz - Z��CaQ,�iOf Z-2Y c�Q,yuz Z 13 I i�z I .-7 S��C� need � 11) I Icier (e �" F 312 Go o`� C \�sc C Uial ` r) tb c tic os5lzni'c WA �lLt,.,.,�sv�p�aQ I c �7n he QJ l� wo lc� b I f e, 70 . LLt)u Id b r� r I �� c� `� uw(tk J �ctr f, - - Mak-q* need die b tArs P e�ru up Town Plaza RR2 Box 60 Susie Wilson Rd., PO. Box 22, Route 5 South Essex Junction, Vermont 05453 Norwich, Vermont 05055 (802) 878-6766 (802) 649-3635 1W51,11 b e— lw� �1 Yl eG1i ►2i cJ� �'1G1.t7 C' P-.� p �-J area be�cucPn rr yl,' o,n4rial oh /IC14�✓ a�,a� urv✓� Xe c c �--'CP��Y/CC t, 1 i MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAI. CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C. McNE1L (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STIT'LEL PATTI R. PAGE- WILLIAM F. ELLIS LINDA R. LF.ROY SUSAN H. COMPTON- SUSAN GILFILLAN (*AI.SO ADMimm IN N.Y.) Carl H. Lisman Lisman & Lisman P.O. Box 728 Burlington, Vermont 05402 May 2, 1990 Re: City of South Burlington v Nathaniel Lash Dear Carl: 7 C,CsrIK OF COUNSEL ARTHUR W. CERNOSIA I appreciate your assistance in obtaining prompt payment to the City of the $30,000 required to be paid pursuant to the Final Order in this matter. As a further matter, the City will need a utility easement from the Lash's toward the rear of their property to construct the water line replacement and complete the work required in the Court's Final Order. I have attached a sketch plan which shows the approximate location of the easement and a proposed easement deed. Please let me know if you have any questions regarding this easement. Very truly yours, S even F. Stitzel SFS/arc SON038.COR cc: 1,Joseph Weith Susan Messina UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that NATHANIEL LASH and MILLICENT LASH of the City of Burlington in the County of Chittenden, State of Vermont (Grantors), for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents do GIVE, GRANT, SELL, CONVEY and CONFIRM unto THE CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden, State of Vermont (Grantee) and its successors and assigns, an easement in perpetuity, approximately ten (10) feet in uniform width, for the purpose of installing, repairing, maintaining, restoring and/or replacing water lines, together with all appurtenances thereto, on, under and through the following property: Being a strip of land, approximately 10 feet in uniform width which commences at the westerly boundary line of the Grantors' property and extends easterly along the northerly line of Grantors' property for a distance of 50 feet. Said strip is bounded on its southerly side by the northerly lines of a certain easement granted the Town of South Burlington by Antonio B. Pomerleau by Quit Claim Deed dated June 22, 1970 and recorded in Volume 74 at Page 461 of South Burlington Land Records. Being a portion of the lands and premises the Grantors herein acquired from Antonio B. Pomerleau by Warranty Deed dated December 1, 1986 and Recorded in Volume 218 at Page 357 of the City of South Burlington Land Records. Grantors, and their heirs, successors and assigns, shall have the right to make use of the surface of the land subject to this right-of-way easement such as shall not be inconsistent with the use of the easement by the within Grantee, but specifically shall place no structures or other improvements within said right-of-way easement which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. The Grantee for itself and successors and assigns agrees that any premises affected by its entry pursuant to this right-of-way easement shall be restored to its condition prior to such entry at its own cost and within a reasonable time. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the Grantee, its successors and assigns, to its own use and behoof forever; and the Grantors, for themselves and their heirs, successors and assigns, do covenant with the 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 it is FREE FROM EVERY ENCUMBRANCE; and they hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever. Reference is hereby made to the above mentioned deed and the records thereof, and the references therein made all in further aid of this description. 2 DATED at Burlington, Vermont this day of May, 1990. IN THE PRESENCE OF: Nathaniel Lash Millicent Lash STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, in said County, this day of May, 1990, personally appeared Nathaniel and Millicent Lash and they acknowledge the within instrument, by them signed, to be their free act and deed. Before me, Notary Public The joins in this conveyance for the purpose of subordinating its mortgage dated and of recorded in Volume at Page _ of the City of South Burlington Land Records to the terms and conditions of this Utility Easement. IN PRESENCE OF: Witness BY: Witness Duly Authorized Agent 3 STATE OF VERMONT CHITTENDEN COUNTY, SS. At , Vermont this day of May, 1990, personally appeared , signer and sealer of the foregoing written instrument, and acknowledged the same to be his/her free act and deed and the free act and deed of the SON014.FOR BEFORE ME, Notary Public Commission Expires: 2/10/91 4 �— "NCr . /` � cEc. m m CYO 0 *M6 3 v' W , 0 (zP.w 13 Lsa c k offer J 32s'D� FR.o M Cro s s I -Im 8'' cw,41i2lly VERMONT eROPERTY TRANSFER AX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER [DENT. NO. Nathaniel and Millicent Lash j 2. BUYER (TRANSFEREE) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR --- TAXPAYER IDENT. NO. City of South Burlington 575 Dorset Street, South Burlington, VTR- - --- - --- -- 0�4-03�-- - - C009• ' 3. PROPERTY LOCATION (Address in full) 4. DATE OF CLOSING 1515 Shelburne Road, South Burlington, Vermrnt 05403 S. INTEREST IN PROPERTY 1. FEE SIMPLE 3. UNDIVIDED % INTEREST S. TIME-SHARE ESTATE 7. FX EASEMENT 2. LIFEESTATE 4. UNDIVIDED_%INTEREST 6. LEASE 8. OTHER 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE 10' x 50' 500 square feet - 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. ® NONE 5. BARN 9. STORE 2. FACTORY 6. APARTMENT WITH (NUMBRER) DWELLING UNITS 10. OTHER 3. ❑ HOUSE 7. MOBILE HOME 4. CAMP/vAcAnoN S. CONDOMINIUM WITH (NUMBER) DWELLING UNITS HOME CHECK WHETHER THE BUILDINGS WERE ❑ NEVER OCCUPIED Q PREVIOUSLY OCCUPIED Ew 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. PRIMARY RESIDENCE 3. OPERATING FARM 5. ❑ COMMERCIAL 7. INDUSTRIAL 9. OTHER _ 2. TIMBERLAND 4. ❑ GOVERNMENT USE 6. ® OPEN LAND 8. CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. PRIMARY RESIDENCE 3. ❑ OPERATING FARM 5. ❑ COMMERCIAL 7. INDUSTRIAL 9. OTHER 2. Q TIMBERLAND 4. 0 GOVERNMENT USE 6. O OPEN LAND 8. ❑ CAMP OR VACATION 11. IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland, Working Farmland Tax Abatement Use Value Appraisal Programs)? ❑ Yes ® No ' • 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." Exem2tion #2 - Transfer to Munic1PalltV 13. TOTAL 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, PRICE PAID $ -0- ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PERSONAL PROPERTY $ $ 16. TAX DUE: Enter amount from rate schedule on revere side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS $ -0 17. DATE SELLER ACQUIRED 18. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS:EXE-Mpt jr) n #1 - f Perpet"a1 (CONTINUE ON REVERSE SIDE) EaSEnient ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER PAGE NO. PAID. LISTED VALUE $ GRAND LIST OF 19 MAP AND PARCEL NOS. SIGNED CLERK DATE Form PT-1(7/89) 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 1(a), (b) and (c) (d) $ _— e. Tax rate 0.005 I. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) (f) $ 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return b. Enter amount from Line 1(d) of Rate Schedule above (b) $ c. Subtract Line 2(b) from Line 2(a) d. Tax rate (c) 5--------__ _— (d) $- 0.0125 e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) (e) $ 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 3. S Buyer(s) and Seller(s) certify as follows: 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 and subdivision regulations 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 subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the subdivision regulations because (see instructions for exemptions): a. Parcel to be sold: Exemption Number _ _ Number of acres b. Parcel retained: Exemption Number - Number of acres Sellers(s) further certify 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. _ and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) _.. E. That this transfer does/does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the Town Clerk. This transfer is in compliance with or is exempt from Vermont income tax withholding for the following reason (Check one): X 1. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate; or 2. Buyer(s) certify that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale; or 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer. 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 Nathaniel and Millicent Lash 05/ /90 City of South Burlington 5, , 90 Preparer's Signature _ Prepared by Steven F. Stitzel, ESq. (Print or Type) Preparer's Addressell &Murray, 271 So. Union St Burlington, Vermont 05401 LISMAN & LISMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P. O. BOX 728 BURLINGTON. VERMONT 05402 BERNARD LISMAN CARL H. LISMAN ALLEN D. WEBSTER MARY G. KIRKPATRICK MICHAEL MARKS E. WILLIAM LECKERLING. III DOUGLAS K. RILEY Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Gentlemen: 602-864-5756 April 13, 1990 Town & Country Furniture Shop TELECOPIER 802-864-S629 OFFICES IN FINANCIAL PLAZA AT 84 PINE STREET BURLINGTON, VERMONT LOUIS LISMAN COUNSEL Pursuant to the agreement reached between the City and Mr. and Mrs. Nathaniel Lash, I am enclosing, for your records, the interior floor plan of the building as it existed prior to construction of the addition approved in April 1986, as well as a floor plan of the building which includes the improvements constructed pursuant to the approval granted in October 1986. Very truly yours, Carl H. Lisman CHL/ddp Enclosure cc Steven F. Stitzel, Esq. .IOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE• WILLIAM F. ELLIS LINDA R. LEROY SUSAN H. COMPTON• SUSAN GILFILLAN (*AI.SD ADMITTED IN N.Y.) Carl H. Lisman, Esq. Lisman & Lisman P.O. Box 728 Burlington, VT 05402 MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 March 6, 1990 Re: City of South Burlington v Lash Dear Carl: OF COUNSEL ARTHUR W. CERNOSIA It is my understanding based upon our telephone conversation last week that Mr. and Mrs. Lash have rejected the City's offer of settlement. At this time, I am withdrawing the City's offer and renewing my efforts to prepare for trial. I have enclosed a Notice of Deposition for the deposition of Mr. David Kuusela on March 20, 1990. I want to take Mr. Lash's deposition at 1:00 p.m. on March 21st. Please let me know if you can arrange this. Very truly yours, Steven F. Stitzel SFS/arc SON006.COR cc: Joe Wieth Sue Mesina STATE OF VERMONT CHITTENDEN COUNTY, SS. CITY OF SOUTH BURLINGTON ) V. ) NATHANIEL LASH AND ) MILLICENT LASH ) CHITTENDEN SUPERIOR COURT DOCKET NO. S0007-89CnC NOTICE OF DEPOSITION Please take notice that at 1:00 p.m. on the 20th day of March, 1990 at the offices of McNeil & Murray, 271 South Union Street, Burlington, Vermont, the Plaintiff, City of South Burlington, will take the deposition of David Kuusela whose address is 163 Park Street, Burlington, Vermont, upon oral deposition pursuant to the Vermont Rules of Civil Procedure, before a Notary Public or before some other officer authorized by law to administer oaths. David Kuusela is requested to produce the following at the deposition: 1) any and all contracts and or agreements between himself, Michael Gervais, or Casey Construction Company and Nathaniel Lash, Millicent Lash, or Town and Country Furniture for the construction of an addition to the Town and Country Furniture Store, so-called, on Shelburne Road in the City of South Burlington. 2) any and all plans or drawings regarding the construction of an addition to the Town and Country %1i Vha. & h1URRAY IIIIRI I%GTON, A'E H6IONT 05a01 Furniture, so-called, on Shelburne Road in the City of South Burlington. 3) any and all correspondence sent by or received by Michael Gervais, himself, or Casey Construction Company regarding the construction of an addition to the Town and Country Furniture Store, so-called, on Shelburne Road in the City of South Burlington. Dated at Burlington, in County of Chittenden and State of Vermont this 2nd day of March, 1990. S even F. Stitzel, -Esq. McNeil & Murray 271 South Union Street Burlington, Vermont 05401 Attorney for Plaintiff City of South Burlington SON002.LIT cc: Carl Lisman, Esq. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: October 17, 1989 agenda items Date October 13, 1989 2) COMMUNITY BIBLE CHURCH, WILLISTON ROAD Site plan dated 9/7/89 prepared by Trudell Consulting Engineers is acceptable. 3) JO ANNE BRILL. PATCHEN ROAD Curb cut for lot 41 shall be at least 80 feet from Patchen Road. Existing curb cut on Patchen Road shall be closed. 4) TOWN AND COUNTRY FURNITURE. SHELBURNE ROAD A massive concrete block wall was placed within the water line easement very close and portions on top of the water main. Fill was also placed on top of the water main making it very deep and impossible to get to in an emergency. The water main serves Goss Dodge and Grossmans. If the wall remains, the water serving other businesses should be relocated. That would mean Goss Dodge to be served from Shelburne Road and Grossmans from Bartlett's Bay Road. The water main now under the wall and in the deep fill would become a service and Town & Country be responsible if it fails. 5) VALLEY AIR SERVICE. BURLINGTON INTERNATIONAL AIRPORT Site plan dated 10/5/89 prepared by Richard Kellogg Architect is acceptable. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 October 13, 1989 Mr. Nathaniel Lash 18 Crescent Road Burlington, Vermont 05401 Re: Town & Country addition, Shelburne Road Dear Mr. Lash: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, October 17, 1989 at 7:30 P.M. to represent your request. Sincerely, ,doe Weith, City Planner Encls JW/mcp M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: October 17, 1989 agenda items Date: October 13, 1989 2) COMMUNITY BIBLE CHURCH, WILLISTON ROAD Community Bible Church proposes to construct a 1,344 square foot building to be used for storage and activity space for children. Enclosed are: 1) the 8/29/89 minutes when the Sketch Plan was reviewed, and 2) my comments for that meeting. At the last meeting, the Commission requested one pine tree be planted. This has been shown on the plan. 3) 2-LOT SUBDIVISION. PATCHEN ROAD Joanne Brill proposes to subdivide a 40,600 square foot lot into two lots of 28,600 and 12,000 square feet. Enclosed are the 8/29/89 minutes of the meeting at which the Sketch Plan was reviewed. Also enclosed are my comments for the meeting. The plan has been revised to meet all of the concerns raised at the Sketch Plan meeting. A $200 per unit recreation fee shall be paid at time of application for a building permit. 4) TOWN & COUNTRY. SHELBURNE ROAD Nathaniel and Millicient,Lash have submitted a Site Plan showing the "as built" structure, the block retaining wall and proposed landscaping. It is my understanding that the applicants are requesting approval for a 9,344 square foot addition (5,061 square foot footprint) which consists of 5061 square foot first. floor and a 4,283 square foot basement.. A proposal to build a 5064 square foot addition was denied on August 5, 1986 (minutes enclosed). A proposal to construct. a 5,061 square foot addition was later submitted and approved on 10/28/89 (minutes enclosed). As you are aware, the site con- struction did not follow the approved site plan. Memorandum - Planning October 17, 1989 agenda items October 13, 1989 Page 2 The differences between this plan and the plan are summarized below: originally approved Retaining Wall: A block retaining wall was installed over the water line easement. This wall was never shown on the approved plan. Access Drive: The original plan proposed a 29 foot wide north access drive along the north property line. The current plan shows a 24 foot wide north access drive which is located approxi- mately 36 feet south of the original proposed location. The original plan showed the drive along the north side of the building a minimum of 15 feet wide. Because of the retaining wall, this access drive is now only 12 feet wide in some areas. Structure: The original plan showed a back spur on the proposed addition. This space was never built and is not proposed as part of this application. Parking: The original plan proposed 12 parking spaces. The new plan proposes 16. However, the 7 spaces along the front of the building are substandard (9 x 16). Standard is 9 x 18. If they are increased to 9 x 18, there is then only a 20 foot wide aisle between rows of parking. There should be at least 24 feet. Landscaping: The original plan proposed $3,200 worth of new landscaping which consisted of white pine, yew, daylily, burning bush, maple and lilac. The new plan proposes $3,417 worth of landscaping which consists of Pin Oak, pear, yews, juniper, dogwood, barberry, cedar and linden. Some of the proposed land- scaping has been put in. Coverage: The original plan's total lot coverage is 70.1%. The new plan is approximately 70%. Both plans exceed allowable front yard coverage. Other: Please review the enclosed letter from City Attorney Steve Stltzel (not public information). i�nutb N urlingtuu N ire Department : f 575+Durset-treetr ,1�5-ntttb Nurlingtun. Igermunt 054113tw (802) 658-7960 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY OCTOBER 1711989 AGENDA ITEMS DATE: WEDNESDAY OCTOBER 11,1989 Plans have been reviewed by this office on Town$Country-landscaping project, 2-lot sub -division for Joanne Brill and the trailer addition to the Valley Air property at the airport. I am pleased to inform you that at this time I do not see any problem for our department in given emergency protection if it would be needed . MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F.STITZEL OF COUNSEL PA771 R. PAGE- ARTHUR W. CERNOSIA WILLIAM F. ELLIS LINDA R. Lr..ROY SUSAN H.COMPTOW October 12, 1989 SUSAN GILFILLAN (*ALSO AOMIWED IN N.Y.) Joseph Weith South Burlington City Offices 575 Dorset Street South Burlington, VT 05403 Re: Application of Nathaniel Lash Dear Joe: I understand that Mr. Lash has recently submitted a site plan for review and approval by the South Burlington Planning Commission. As you are aware, the City is presently involved in an enforcement proceeding regarding Mr. Lash's construction, in 1987 and 1988, of an addition to his furniture store on Shelburne Road. This construction followed a lengthy review process by the South Burlington Planning Commission during the summer_ and fall months of 1986. As you may be aware, the Planning Commission denied the original plans submitted by Mr. Lash on August 5, 1986(copy of plan attached). The Planning Commission later approved a revised plan on October 28, 1986. It is recognized in the State of Vermont that there must be some finality in administrative decisions, such as those of the Planning Commission. In .re: Crescent Beach Association, 126 Vt. 140 (1966). Therefore, the Planning Commission is obligated to consider successive applications only when the applications are "different in content or show that a change in circumstances has intervened." In reviewing the present application, the Planning Commission should first determine whether it is different in content than the application originally denied. The Planning Commission need not consider minor or insignificant differences in content. The Planning Commission should also consider whether there has been a change in circumstances since its original 0 El Joseph Weith October 12, 1989 Page 2 review in 1986. Typically such a change relates to the zoning ordinance provisions applicable to the review of the project. If the Planning Commission finds that the present application does not differ from the application denied in 1986 and if it further finds that there has been no change in circumstances regarding this project, it should dismiss the application of the basis of its earlier decision. A dismissal motion should state substantially as follows: I move that the Planning Commission dismiss the site plan application of Nathaniel Lash filed on September, 1989, on the basis that it does not differ in any meaningful way from the site plan application denied by the Planning Commission on August 5, 1986 and that there have been no relevant changes in circumstances since the date of such denial. Please give me a call if you have any questions regarding this matter. SFS/arc Attachment 1-106.SFS Very truly yours, Steven F. Sti Czel )L a7 Cz-v c- a2 ,C; c QY .0/i 3/0 5 q 51'�-3 q c 3/Sg�7-now 61 ' /0 Ned McNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STI77EL PATTI R. PAGE* WILLIAM F. ELLIS LINDA R. LEROY (*ALSO ADMITTED IN N.Y.) Susan Messina, Superintendent South Burlington Water Dept. 403 Queen City Park Road South Burlington, VT 05403 Joe Wieth, Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: South Burlington v. Lash Dear Sue and Joe: May 3, 1989 OF COUNSEL ARTHUR W.CERNOSIA I have enclosed the copies of the Lashs' responses to my Requests to Admit and my First Interrogatories. Please see that these are presented to the Board of Water Commissioners and Planning Commission, respectively. Very truly yours, Steven F. Stitze SFS#9/319 Enclosures STATE OF VERMONT CHITTENDEN COUNTY, SS. CITY OF SOUTH BURLINGTON Plaintiff ) V. ) CHITTENDEN SUPERIOR COURT NATHANIEL LASH and ) DOCKET NO. MILLICENT LASH ) Defendants ) IV RESPONSES TO REQUESTS TO ADMIT COME NOW the defendants in this matter, by and through their attorneys, and respond to the plaintiff's requests to admit, dated February 17, 1989, as follows: Question 1. Nathaniel and Millicent Lash acquired the property which is the subject of this proceeding by two warranty deeds from Antonio B. Pomerleau, copies of which are attached to these Requests to Admit as Exhibits A and B. Answer Admitted that Nathaniel and Millicent Lash acquired the property which is the subject of this proceeding by two warranty deeds from Antonio B. Pomerleau, copies of which have been attached to the Requests to Admit as Exhibits A and B. Question 2. A copy of the Quit Claim Deed from Antonio B. Pomerleau to the Town of South Burlington, dated June 22, 1970, and recorded in Volume 74, Page 461 of the South Burlington Land Records, which is referred to in the Warranty Deed attached to these Requests to Admit as Exhibit B is attached to these Requests to Admit as Exhibit B is attached to these Requests to Admit as Exhibit C. Answer Admitted that Exhibit C is a copy of the quit claim deed from Antonio B. Pomerleau to the Town of South Burlington, dated June 22, 1970, as recorded in Volume 74, Page 461 of the Land Records of the City of South Burlington. LISMAN & LISMAN 1 ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT. 05402 Question 3. A copy of the plan entitled "Plan of Water Main Easement Across Property of Antonio B. Pomerleau, South Burlington, Vermont," dated July 24, 1969 referred to in the Quit Claim Deed attached to these Requests to Admit as Exhibit C, is attached to these Requests to Admit as Exhibit D. Answer Admitted that Exhibit C is a copy of the plan entitled t "Plan of Water Main Easement Across Property of Antonio B. Pomerleau, South Burlington, Vermont,", dated July 24, 1969. Question 4. At all times materials to this proceeding the City of South Burlington has had zoning regulations in effect. Answer Admitted that the City of South Burlington has, at all times material, claimed to have zoning regulations in effect. Question 5. The applicable City of South Burlington Zoning Regulations with the exception of amendments which became effective on May 9, 1988, are attached to these Requests to Admit as Exhibit E. Answer Admitted. Question 6. The South Burlington Planning Commission considered the Site Plan Application of Nathaniel and Millicent Lash to construct an addition to their existing Town and Country Furniture store at 1515 Shelburne Road at Planning Commission meetings, June 10, 1986, July 8, 1986, July 22, 1986, August 5, 1986, October 14, 1986, and October 28, 1986. Answer Admitted. LISMAN & LISMAN 2 ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT. 05402 Question 7. The minutes of that portion of the Planning Commission meetings referenced above which relate to the Site Plan Application of Nathaniel and Millicent Lash are attached to these Requests to Admit as Exhibits F through K. Answer Admitted that portions of the minutes of the Planning Commission are attached as Exhibits F through K. Question 8. On October 28, 1936, the Planning Commission for the City of South Burlington granted Nathaniel Lash site plan approval to construct a 5,061 foot addition to the Town and Country Furniture building at 1515 Shelburne Road in accordance with a plan entitled "Proposed Site Plan, Town and Country Furniture, dated 10/86, prepared by Casey Construction." Answer Admitted. Question 9. A copy of the site plan referred to in paragraph 8 above is attached to these Requests to Admit as Exhibit L. Answer Admitted. Question 10. Since October of 1986, Nathaniel and Millicent Lash have not requested and have not obtained site plan approval from the City of South Burlington Planning Commission for any modifications to the site plan approval granted on October 28, 1986. Answer Admitted. Question 11. In 1987 and in 1988 Nathaniel and Millicent Lash had an addition constructed to the Town and Country Furniture LISMAN & LISMAN 3 ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT. 05402 store which contains approximately 5,000 square feet of floor space on a ground level floor. Answer Admitted. Question 12. The addition referred to in paragraph 11 above also contains a basement area which has approximately 5,000 square feet of floor space. Answer Objection; not relevant nor material. Question 13. The site plan reviewed and approved by the South Burlington Planning Commission on October 28, 1986 did not indicate or disclose a proposal to construct a basement area. Answer Objection; not relevant or material. Question 14. At no time during the six Planning Commission meetings during which the Lash's site plan proposal was under consideration did Nathaniel Lash, Millicent Lash or any of their agents or representatives disclose to the Planning Commission that the improvements they intended to construct involved the construction of a basement. Answer Objection; not relevant or material. Question 15. During the Summer of 1988, Nathaniel and Millicent Lash had constructed on the northerly boundary line of their property, a concrete block wall which is shown and depicted on the photographs attached to these Requests to Admit as Exhibit M. Answer Admitted. LISMAN & LISMAN 4 ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON, VT. 05402 Question 16. During the Summer of 1988, Nathaniel and Millicent Lash caused fill to be placed between the concrete block wall which they had constructed on the northerly boundary of their property and the building improvements which they had constructed on their property. Answer Admitted. Question 17. Nathaniel and Millicent Lash have not installed the landscaping shown on the site plan attached to these Requests to Admit as Exhibit L. Answer Denied, to the extent that the Request assumes that the defendants have not installed any of the landscaping shown on the site plan attached as Exhibit L to the Requests to Admit. DATED at Burlington, Vermorkt this r1 day of April, 1989. LJ?SM �SMAN �to ne or Defendants BY \_ `bZ� Carl A. Lisman, Esq. 01\042589\TUESDAY\RESPONSE.PLE LISMAN & LISMAN 5 ATTORNEYS AT LAW P,O. Box 728 BURLINGTON, VT. 05402 '1 MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE* WILLIAM F. ELLIS LINDA R. LEROY (*ALSO ADMITTED IN N.Y.) Susan Messina, Superintendent South Burlington Water Dept. 403 Queen City Park Road South Burlington, VT 05403 Joe Wieth, Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: South Burlington v. Lash Dear Sue and Joe: May 3, 1989 OF COUNSEL ARTHUR W.CERNOSIA I have enclosed the copies of the Lashs' responses to my Requests to Admit and my First Interrogatories. Please see that these are presented to the Board of Water Commissioners and Planning Commission, respectively. Very truly yours, Steven F. Stitze SFS#9/319 Enclosures STATE OF VERMONT CHITTENDEN COUNTY, SS. CITY OF SOUTH BURLINGTON Plaintiff V. NATHANIEL LASH and MILLICENT LASH Defendants CHITTENDEN SUPERIOR COURT DOCKET NO. IV RESPONSES TO REQUESTS TO ADMIT COME NOW the defendants in this matter, by and through their attorneys, and respond to the plaintiff's requests to admit, dated February 17, 1989, as follows: Question 1. Nathaniel and Millicent Lash acquired the property which is the subject of this proceeding by two warranty deeds from Antonio B. Pomerleau, copies of which are attached to these Requests to Admit as Exhibits A and B. Answer Admitted that Nathaniel and Millicent Lash acquired the property which is the subject of this proceeding by two warranty deeds from Antonio B. Pomerleau, copies of which have been attached to the Requests to Admit as Exhibits A and B. Question 2. A copy of the Quit Claim Deed from Antonio B. Pomerleau to the Town of South Burlington, dated June 22, 1970, and recorded in Volume 74, Page 461 of the South Burlington Land Records, which is referred to in the Warranty Deed attached to these Requests to Admit as Exhibit B is attached to these Requests to Admit as Exhibit B is attached to these Requests to Admit as Exhibit C. Answer Admitted that Exhibit C is a copy of the quit claim deed from Antonio B. Pomerleau to the Town of South Burlington, dated June 22, 1970, as recorded in Volume 74, Page 461 of the Land Records of the City of South Burlington. LISMAN & LISMAN 1 ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT. 05402 Question 3. A copy of the plan entitled "Plan of Water Main Easement Across Property of Antonio B. Pomerleau, South Burlington, Vermont," dated July 24, 1969 referred to in the Quit Claim Deed attached to these Requests to Admit as Exhibit C, is attached to these Requests to Admit as Exhibit D. Answer Admitted that Exhibit C is a copy of the plan entitled "Plan of Water Main Easement Across Property of Antonio B. Pomerleau, South Burlington, Vermont,", dated July 24, 1969. Question 4. At all times materials to this proceeding the City of South Burlington has had zoning regulations in effect. Answer Admitted that the City of South Burlington has, at all times material, claimed to have zoning regulations in effect. Question 5. The applicable City of South Burlington zoning Regulations with the exception of amendments which became effective on May 9, 1988, are attached to these Requests to Admit as Exhibit E. Answer Admitted. Question 6. The South Burlington Planning Commission considered the Site Plan Application of Nathaniel and Millicent Lash to construct an addition to their existing Town and Country Furniture store at 1515 Shelburne Road at Planning Commission meetings, June 10, 1986, July 8, 1986, July 22, 1986, August 5, 1986, October 14, 1986, and October 28, 1986. Answer Admitted. LISMAN & LISMAN 2 ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT. 05402 Question 7. The minutes of that portion of the Planning Commission meetings referenced above which relate to the Site Plan Application of Nathaniel and Millicent Lash are attached to these Requests to Admit as Exhibits F through K. Answer Admitted that portions of the minutes of the Planning Commission are attached as Exhibits F through K. y Question 8. On October 28, 1936, the Planning Commission for the City of South Burlington granted Nathaniel Lash site plan approval to construct a 5,061 foot addition to the Town and Country Furniture building at 1515 Shelburne Road in accordance with a plan entitled "Proposed Site Plan, Town and Country Furniture, dated 10/86, prepared by Casey Construction." Answer Admitted. Question 9. A copy of the site plan referred to in paragraph 8 above is attached to these Requests to Admit as Exhibit L. Answer Admitted. Question 10. Since October of 1986, Nathaniel and Millicent Lash have not requested and have not obtained site plan approval from the City of South Burlington Planning Commission for any modifications to the site plan approval granted on October 28, 1986. Answer Admitted. Question 11. In 1987 and in 1988 Nathaniel and Millicent Lash had an addition constructed to the Town and Country Furniture LISMAN & LISMAN I 3 ATTORNEYS AT LAW P.O. BOX 728 BURUNGTON. VT. 05402 store which contains approximately 5,000 square feet of floor space on a ground level floor. Answer Admitted. Question 12. The addition referred to in paragraph 11 above also contains a basement area which has approximately 5,000 square feet of floor space. Y Answer Objection; not relevant nor material. Question 13. The site plan reviewed and approved by the South Burlington Planning Commission on October 28, 1986 did not indicate or disclose a proposal to construct a basement area. Answer Objection; not relevant or material. Question 14. At no time during the six Planning Commission meetings during which the Lash's site plan proposal was under consideration did Nathaniel Lash, Millicent Lash or any of their agents or representatives disclose to the Planning Commission that the improvements they intended to construct involved the construction of a basement. Answer Objection; not relevant or material. Question 15. During the Summer of 1988, Nathaniel and Millicent Lash had constructed on the northerly boundary line of their property, a concrete block wall which is shown and depicted on the photographs attached to these Requests to Admit as Exhibit M. Answer Admitted. LISMAN & LISMAN 4 ATTORNEYS AT LAW P.O. BOX 728 BURLINGTON. VT. 05402 Question 16. During the Summer of 1988, Nathaniel and Millicent Lash caused fill to be placed between the concrete block wall which they had constructed on the northerly boundary of their property and the building improvements which they had constructed on their property. Answer Admitted. Question 17. Nathaniel and Millicent Lash have not installed the landscaping shown on the site plan attached to these Requests to Admit as Exhibit L. Answer Denied, to the extent that the Request assumes that the defendants have not installed any of the landscaping shown on the site plan attached as Exhibit L to the Requests to Admit. n^ DATED at Burlington, Vermont this Cl day of April, 1989. BY SMMLJSMAN to ne or Defendants Carl R. Lisman, Esq. 01\042589\TUESDAY\RESPONSE.PLE LISMAN & LISMAN 5 ATTORNEYS AT LAW P O BOX 728 BURLINGTON, VT. 05402 CITY OF SOUTH HURILINGTON SITE PLAN APPI,I CATION 1) OWNER OF HFCORI) (name, address, phone #) 01._---/&. _,_._-_ �T- 1� p iC�EK5,LPS ------ soPL(ocT&N,(jT 2) APPLICANT (name, address, phone #) S(i 1`'I f 3) CONTACT PERSON (name, address, phone #)_ __ S�q 011 4) . PROJECT STREET ADDRESS: I S(S S4 C 1BQ R 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) /l�� `��L�4 /c1A. p 51-02ACr1�- 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and * floors, square feet per floor) _l3/-45—,F IfiuT- �sT�L�r>Fr9-3Ltq- 14r-iCfa 8) NUMBER OF EMPLOYEES 9). LOT COVERAGE: building :.__l'�z %; landscaped areas building, parking,t outside storage.,. % 10) COST ESTIMATES: Buildings = Landscaping E Other Site Improvements (please list with cost) $ 11) ESTIMATED PROJECT COMPLETION DATE: /U/=GF-SSH ELI T 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) /- - 7r Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon__; 12-1p.m. 1-2 p.m. 2-3 p.m. 3-4 p.m._--; 4-5 p.m 5-6 p.m 6-7 p.m. 13) PEAK HOURS OF OPERATION: 14) PEAK DAYS OF OPERATION: SAT0 A- DATE Ot�_UBMISSION SIGNATURE OF A TCANT DATE OF HEARING E s --yrM Jlf GG-"j .. t7/ Z;p a -2-7 6A-- - - --- - - - - U i TELEPHONE MEMO Name: J, We 74 Date: -la1 131 9? Contact: /UAT" LAhO Subject JI- w) 0. O�� Signature I, ---�----±r' /�� L•�•"� ----- A.Q. ��-s��=�.�s.� -- -- - -- - - _ of r� �j PLANNING COMMISSION 14 OCTOBER 1986 PAGE 2 Mr. Belter seconded, and the motion passed unanimously. 3. PUBLIC HEARING: Final Plat application of Semicon, Inc., for a 2-lot subdivision of the 111.2 acre parcel into an 80- acre parcel and a 31.2 acre parcel with the existing building at 1000 Hinesburg Rd. Mr. Perry noted that all the required rights -of -way are now shown on the plan. Mrs. Lafleur said the legal documents have been sent to the City Attorney who wants some minor changes. These will be prepared for his approval within 30 days. Mrs. Hurd moved that the Planning Commission approve the final plat of Robert Perry, Esq., agent for Semicon, Inc., for a two lot subdivision of the 111.2 acre parcel at 1000 Hinesburg Rd. as depicted on two plans prepared 12y Trudell Consulting Engineers, Inc, entitled "Plat of Land of Semicon Components, Inc, Hinesburg Road, South Burlington, Vermont" last revised 8/29/86 and "Site Plan for Semicon, Inc, South Burlington, Vermont. last revised 9/2/86 with the following stipulations: 1. All legal documents for snow storage easement, utility easements and the 80 foot Swift Street r.o.w. shall be prepared for approvals�2y the City Attorney within 30 days. 2. It is the applicant's responsibility to record the final plat within 90 days or this approval is null and void. It shall be approved �2y the Planner and signed by the Chairman or Clerk of the Commission prior to recording. Mr. Burgess seconded, and the motion passed unanimously. 4. Site Plan application of Nathaniel Lash for construction of a 5065 sq. ft. addition to the existing building, 1515 Shelburne Rd. Mrs. Lafleur noted that the property line goes through a corner of the present building. The new plan shows a 7-1/2 foot easement on either side of the water line; however, on the plan it actually scales to only 7 ft. This will have to be revised to show the 7-1/2 ft and was apparently a drawing error. Mr. Lash said he had it excavated and surveyed. Ms. Peacock noted that Sue Messina at the Water Dept. is concerned about plantings on easements which may be ruined if the Water Dept. had to dig. Mrs. Lafleur said that landscaping in the right-of-way hasn!t been changed on the plan. PLANNING COMMISSION 14 OCTOBER 1986 PAGE 3 The Fire Chief has a problem getting around one side of the building. He needs 30 ft., but providing this would mean waiving the 70% lot coverage. In addition, a 5-ft. buffer is needed on the property line for snow storage. The plan also still shows 2 curb cuts. Mrs. Maher said she didn't feel the plan is in shape for final approval. Mr. Lash said they can remove 2 parking spaces and then have enough room for the fire vehicles. He said their furniture trucks use the area all the time. They will also conform to whatever landscaping the Commission wants. He stressed that their facility doesn't generate all kinds of undesirable traffic on Shelburne Rd. Members agreed they did not want to waive the 70% lot coverage. Ms. Peacock said she felt the addition is too big for the lot. Mr. Belter agreed and felt that a 16 foot access road is not enough. Members agreed they want 20 ft. from the building to the lot line with a 5-foot strip of grass along the property line for snow storage (15 feet paved, 5 feet grassed). They agreed to let the applicant retain the 2 curb cuts. Members did insist on a more specific landscaping plan and suggested Mr. Lash work with the Planner on this. Mrs. Maher moved that the application be continued. Mrs. Hurd seconded, and the motion passed unanimously. 5. PUBLIC HEARING: Revised final plat application of Lakewood Associates for a modification to the plan for a 6500 sq• ft. bank facility with drive -up window in the existing building, a reduction in office space from 48,000 to 35,500 sq. ft., and no change to the proposed 150-seat restaurant located at 1233 Shelburne Rd. Mr. Brush explained that Act 250 didn't accept the project approved by the Commission and required a reduction in the project size, changes in drainage, and moving the buildings back. There will now be 6 buildings instead of 7, and a front lawn will be created. Building and lot coverages will be reduced. They have been approached by Vermont Federal Bank to put in a bank in the old East o'Lake building. The major issue will be traffic. They have reduced the AM peak traffic and increased the PM peak. The traffic light will be coordinated with the Bartlet Bay Rd. intersection, and the deceleration lane will be built. Shelburne Rd. will have an entrance only. Exit will be only through Holmes Rd. which will be signalized. They will be able to stack 9 to 12 cars at the drive-in window before encroaching on the traffic PLANNING COMMISSION 10 JUNE 1986 PAGE 2 "Property Survey for Edward R. and Nancy J. Fissette, 10 Shunpike Road, South Burlington, Vermont," dated May 19, Shunpike preparedRoad, Palmer and Company, LTD, with the following stipulations: 1. The new driveway shall have a pipe culvert. Plans shall be approved 12y the City Engineer prior to permit for any new construction. 2. It is the applicant's responsibility to record the ap- proved plan with the City Clerk within 90 rd-ays or this oved b the app.-oval is null and void. The mylar must be apt_ City Planner and signed 12y the Chairman or Clerk of the Planning Commission prior to recording. Mrs. Maher seconded, and the motion passed unanimously. 2. Sketch Plan application of Charles Barnes for 2-lot sub- division of existing 24,000 sq. ft. lot into 2 lots of 12,000 sq. ft. each at 27 Meadow Rd. Mr. Barnes said the long access road is necessary for emer- gency vehicles, snow removal and parking for visitors. The use plan meets all setbacks and they have appliedof the neighboring from Burlington. Mrs. Maher asked if any houses are set back as far as this duplex will be. Mr. Barnes said they are not. A neighbor commented that he felt this would greatly alter the character of the neighborhood and in his mind would create an eyesore. Mr. Dooley noted that the only issue for the Commission was whether the lot may be subdivided. The Commission is not saying he can put 2 units on it, although the law says he can do it. Mr. Brandon, landowner to the west, said there are 5 adjacent property owners all of whom feel negative about this develop- ment. He presented a petition from them. He said the houses in the neighborhood have traditional backyards and now there will be another dwelling in the area of these yards. They are concerned about privacy. Mr. Dooley.said screening could be required. He felt the owner and the neighbors should try to work something out. Mr. Belter felt he would like to see a map of where other lots are. Regarding the water main, Mr. Barnes said he did not know where it is located. 3. Site Plan application of Nathaniel & Millicent Lash for a 5090 sue.- ft. addition to the existing Town & Country furniture store at 1515 Shelburne Rd. Mrs. Lafleur noted the building is non -conforming as it ex- ceeds lot coverage. The proposed building will also exceed coverage. The Zoning Board did give its approval. The ap- PLANNING COMMISSION 10 JUNE 1986 PAGE 3 plicant will be enlarging the lot by getting more land at the side and back. Coverage did go down, even though it is still over the maximum allowable; however, the Planning Commission has no control over it now. The Commission can request more landscaping to bring the lot coverage to 70%. Traffic is way below the standard. Mrs. Maher raised the question of closing one curb cut. Mr. Lash said they do some unloading of trailers which come in one way and go out the other. Some of the unloading is to the front of the building. Mrs. Lafleur noted there is a property line dispute between Mr. Lash and Pomerleau. There will be a stipulation that the distance between the building and the lot line be 19 feet and no less. Mr. Dooley said that unless the Commission knows its 19 feet from something, the applicant can't be allowed to build. There has to be an agreement on lot lines before any construction. Mrs. Lafleur also noted there is no land- scaping plan. The 2 trees proposed in the right of way won't work because of proposed road widening. Members agreed they want a fire hydrant on the site. Members agreed they wanted to see a landscaping plan, hydrant location, property line settlement, and a verification of lot coverage figures before proceeding. Mr. Dooley moved to continue the application for 2 weeks. Mrs. Maher seconded and the motion passed unanimously. 4. Site Plan Application of Salamin Handy for conversion of existing single family house to commercial/office space at 44 Hinesburg Rd. Mr. Wood said the garage will be torn down and 6 parking spaces created in the back. The area will be gravelled, and the trees will be kept. Members felt the driveway should be on the property line for possible future combination with the adjacent lot. Mr. Handy felt he would rather keep the two properties separate. Members agreed that for safety, the drive should be moved. Mr. Dooley moved that the South Burlington Planning Comm- ission approve the site plan application of Salamin Handy, David Desautels, agent, for the conversion of the existing structure to office/commercial use at 42 Hinesburg Rd as shown on a plan entitled "Existing Building for Offices, 42 Hinesburg Road, South Burlington, Vermont," prepared ia Gordon G. Woods, dated March, 1986, last revised 5 20 86 with the following stipulations: 1. Credit is given for existing landscaping. No shrubs or PLANNING COMMISSION The South Burlington Planning Tuesday, 8 July 1986, at 7:30 City Hall, 575 Dorset Street. Members Present 8 JULY 1986 Commission held a meeting on pm, in the Conference Room, Peter Jacob, Chairman; Judith Hurd, William Burgess, John Dooley, John Belter, Catherine Peacock, Mary -Barbara Maher Also Present Jane Lafleur, City Planner; Sid Poger, The Other Paper; David Spitz, Bill Shearer, Molly Lambert, Peter Taylor, David & Jocelyn Lash, Nat Lash, Vi Luginbuhl, Gary Martin, Grace Martin, Peter Allison, Robert Krebs, Phil Wells, Mary & Vito Franco, Joanne Brill, Alan Gigure, William Schuele, Leo O'Brien, Brad Rabinowitz, Alan Palmer Review Minutes of 17 & 24 June 1986 Mr. Burgess moved to accept the Minutes of 17 June 1986 as printed. Mrs. Maher seconded, and the motion passed unanimously. Mrs. Hurd moved to accept the Minutes of 24 June 1986 as printed. Mr. Burgess seconded, and the motion passed 4-0 with Mr. Belter, Mrs. Maher and Ms. Peacock abstaining. 2. Continue Site plan application of Nathaniel & Millicent Lash for construction of a 5,065 sq. ft. addition to the Town and Country Furniture Store at 1515 Shelburne Rd. Mrs. Lafleur noted the sq. footage has been decreased since the last meeting; however, they are still within the water line easement. Ms. Peacock said it is unlikely the Water Commission will allow any building in the easement as it would be difficult for equipment to do any repair work. Mrs. Lafleur said there is no longer a property line dispute and lot coverage is now at 70%. The 2 trees in the state right- of-way should not be planted there. Mr. Lash said he would contact Mrs. Lafleur regarding placement•of trees. The concensus of the Commission was that the second curb cut should be closed. Peter Allison advised the Commission that on June 2, he had agreed with Mr. Pomerleau to buy the bakery lot to the south and said it is his belief that Mr. Lash's building is within 14 feet of his property line and is also beyond the property line to the north and west. Mrs. Maher then moved to postpone consideration of this ap- plication until 2 weeks from tonight because of the water PLANNING COMMISSION 8 JULY 1986 PAGE 2 line problem. Mrs. Hurd seconded. Mrs. Maher then amended her motion to include the fact that the final plan show only one exit, final landscaping, and the building located outside the Water Dept. right-of-way. In the votes which followed both the amendment and motion passed unanimously. 3. PUBLIC HEARING: Continue preliminary plat application of William Shearer for a 52-unit planned development called Summer Woods on 15.5 acres located west of 159 and 173 Patchen Road. Mr. Spitz explained the changes made since the last meeting. Since they did not want to cross the stream, they have dropped 4 units. This has cleaned up the turn -around problem and the problem with the Munson property. They solved one of the setback problems at the bottom and also the one at the back corner of the Brill property by moving a garage. At one back corner of the Melna building, they are still requesting a 40-foot setback instead of 50. They have taken out the sidewalk between the Melna and Brill properties and are thinking of going along the proposed road and south of the existing house. They have added a pedestrian trail connecting to J.C. Park and will continue it to the border of the Munson land. There is now a 10-foot space for snow storage, as requested by Mr. Szymanski. They replaced the hydrant which had been removed in error and have provided a wider swing area behind the garages. Regarding traffic, Mr. Spitz will do the study and will include the Patchen Rd./White Street intersection to see if it will require a signal. Members agreed to have Craig Leiner review the study. Mr. Krebs explained the water drainage plans. For a majority of the area they will use dry wells and try to get as much water into the soils. They may have to collect water further down but will try to sheet drain as much as possible. They will discuss the curbing question with Mr. Szymanski. Mr. Dooley then moved that the Planning Commission approve the preliminary plat of William Shearer for a 52-unit planned unit development plus one existing unit on 15.5 acres owned Barber and Stebbins as depicted on a plan entitled "Summer Woods, Patchen Road, South Burlington, Vermont" prepared Krebs & Lansing Consulting Engineers, Inc., dated June 1986, last revised 7/3/86 with the following stipulations: PLANNING COMMISSION 28 OCTOBER 1986 The South Burlington Planning Commission held a meeting on Tuesday, 28 October 1986, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present William Burgess, Acting Chairman; Mary -Barbara Maher, Catherine Peacock, John Dooley, Judith Hurd Also Present Jane Lafleur, City Planner; Sid Poger, The Other Paper; Andre Ptaszynski, Bill Duff, Fritz Morten, Terry Krinsky, Shirley Smullen, Judy Ashley, R. V. Cannizzaro, Barry Curth, Mr. Pillsbury, Carl Cobb, Homer & Marie Dubois, Roger Dickinson, Mery Brown, Lance Llewellyn, Vince Foley, Barbara Skye, Charles VanWinkle, Rich Feeley, Paul Lyman, Roby Stoner 1. Minutes of 14 October 1986 Mrs. Maher moved that the Minutes of 14 October 1986 be approved as written. Ms. Peacock seconded, and the motion passed unanimously. 2. Consider re uest of Harr Curth for a 6-month extension to the site an a ication ran a May or a rive- rou car wash, 1805 Shelburne R Fassetts Baker Lot) Mr. Curth explained that he could not take possession of the ad- ditional land needed for the expanded until recently. This caused him to stop all proceedings until the land agreement was settled. This has now been accomplished and he is ready to proceed again. Mrs. Maher moved that the 6-month extension be approved as re- quested. Mr. Dooley seconded. Motion Dassed unanimously. 3. Continue site plan a lication EfsEathaniel Lash construction of a 5,Obl sq. ft. addition o the ni ure Building, 1515 Shelburne Rd. Mrs. Lafleur noted that the new plan shows 5,061 sq. ft. which is 4 sq. ft. less than the original plan. Total lot coverage is 70.1%. The buffer is shown in►back, and landscaping has been taken out of the right of way as required. The 30-ft. access drive is shown as requested by the Fire Chief. A hydrant will have to be added in the rear to the Chief's specifications. Larger trees will be planted up front as the Commission requested. Mrs. Lafleur re- minded the Commission that the Zoning Board granted a variance for building coverage. Mr. Dooley then moved that the Planning Commission apZrove the site p an a ica ion of Nathanielas or construction of a 5,Ub s . TT —.addition to the—existing-buiiding at 1515 SHeiburne Rd. as e- picEed on a p an entitled ro ose i e Pian own and Country 75—rnIturell dated —prepared by Casey Construction. with the oiiowing stipulations: PLANNING COMMISSION 28 OCTOBER 1986 page 2 1. A surveyed plan with the boundar adjustments for the 50-foot s r� alon e northernpropert line shall e recorded prior permit. The - foot strip shal own as art and parceio iot at 1515 Shelburne R. and not as a separate lot. The surve ei plan shall show the - oot water main easement. 2. A $3,000 landscaping bond shall be posted prior to permit. 3. One fire hydrant shall be installed on the proertyat a location s eci aby the Fire Chief. It may connect o the water main a e rear of the site. A bond shall a posted for this prior to permit. 4. The buildinpermit shall be obtained within 6 months or this approval is null and vo . Mrs. Maher seconded the motion which passed unanimously. 4. Continue site plan application of BDP Realt for IDS Inc.,for construction of a 120,000 sq. ft. office building on 10.98 acres at 1400 Shelburne Rd. Mr. Ptaszynski enumerated the changes in the plan: they have ad- dressed the Holmes Rd. Extension. When it goes in, they will tie both parking lots into it so that they will be coming onto Shelburne Rd. at a traffic light. Mrs. Lafleur said the time limit for doing this can be stipulated. It appears that the sidewalk is part of the Shelburne Rd. construction plan. Mrs. Lafleur said the Com- mission could ask for a contribution from this developer and put it in escrow to be used either here or at another Shelburne Rd. location. Space will be reserved for additional parking, but the developer will not be required to pave it until needed. Mr. Ptaszynski said this is a phased project, and they will be building only half of it now and the second portion in about 3 years. They will probably rent one floor now. Mr. Burgess said the Commission still has to deal with this as regular office space since they don't know who the tenant will be and what their parking requirements will be. After a long discussign, a poll'of members indicated that a majority agreed that after Phase II, the ,project will be reviewed to see if additional parking is needed. Mrs. Hurd said the plan should be revised to show the temporary driveway to be used before Holmes Rd. Extension is built. Mr. Dooley moved that the Planning Commission approve the site plan aZ21ication of B.D.P. for construction of a 120,000 s fE-.- offine building on the acre o a Shelburne Rd. as de- picted on a pian entitled a Plan - Interprietive Da a ys ems" ,prepared bV Tru ell Consu tiny Engineers. dated 10/b/86 with the — Pi.ANNING COMMiS.,,.ON 22 J UL Y 'i , J) The South Burlington Planning Tuesday, 22 July 1986, at 7:30 City Hall, 575 Dorset Street. Members Present Commission held a meeting on pm, in the Conference Room, William Burgess, Acting Chairman; Mary -Barbara Maher, John Belter, Catherine Peacock, Judith Hurd. Messrs. Peter Jacob (Chairman) and Dooley arrived during the meeting. Also Present Jane Lafleur, City Planner; Sidney Poger, The Other Paper; Lowell Kressner, Natural Resources Committee; Charles Barnes, Ed Homer, Gilbert Myers, Peter Allison, David Raphael, David Shiman, Elise Guyette, Greg Brand, Karen Yacos, Jeanne Shea, Brian Shea, Pat Booska, Karen Perz, Rob Perz, Cedric Demeritt, Alice Boyd, Ken Boyd, Marc Wiener, W. Booska, D. Marek,,Arnold Marek, Nat Lash, David Spitz, Gordon Woods, Thomas Havers 1. Minutes of July 8, 1981 Mrs. Maher noted that on P. k, the name "Morrow" should be spelled "Moreau." Mrs. Maher moved that the Minutes of July 8th be approved as amended. Mr. Belter seconded, and the motion passed unanimously. 2. Continue site plan application of Nathaniel & Millicent Lash or construction o a 0 s t. addition to Town & Country Furniture, 1515 Shelburne Road Mrs. Lafleur advised she had not received the plans requested by the Commission, and therefore the item should be tabled until August 5th. She added that August 5th is the last day to hear the item before the 60 days runs out. Mrs. Maher moved to table the a lication until August 5th 1986. Mr. Belter seconded, and the motion passed unanimously. 3. PUBLIC HEARING: Final Plat application of Charles Barnes for Two —lot subdivision of a 7 acre parcel into an .27 acres at 27 Meadow Road Gilbert Myers, attorney, spoke for Mr. Barnes. They propose to put a 2-unit apartment on the rear lot with access through a proposed 20 -foot right-of-way on the southerly side of the lot. An easement will. not be necessary as Mr. Barnes will own the property entirely. Mr. Myers did, however, recommend a provision that if the rear lot were ever sold, a right-of-way should be provided for. The fire chief has requested an 18-foot right -of way for fire vehicles. Mr. Myers said this would not allow for the 5-foot snow storage area also requested and suggested a partial firm surface to allow for fire engines. PLANNER 658.7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 June 2, 1988 To%:n &- Country Furniture 1515 Shelburne Road Sout.h Burlington, Vermont 05403 Dear hIr. . Lash: ZONING ADMINISTRATOR 658-7958 During your absence we learned that your addition to Town and Country was constructed to within three and one half feet of the waterline. As you are aware the waterline is located within a fifteen foot easement along your northerly property line. During review by the Planning Commission Sue Messina of the Water Department expressed concern that your addition may encroach within the easements. The Planning Commission stipulated "that a surveyed plan with the boundary adjustments for the 50 foot strip along the northern property line shall be recorded prior to permit. The 50 foot strip shall be shown as part and parcel of the lot at. 1515 Shelburne Road and not as a separate lot. The surveyed plan shall show the 15 foot water main easement." To my knowledge you failed to comply with this condition, resulting in not locating the waterline which now has created the problem. It also appears that the front portion of the addition was constructed at a width three feet greater than we originally approved. Due to the fact that your addition is located within the waterline easement is a real concern of both the Water Department and the Planning Commission and both are looking for an immediate resolution to this problem. Please contact me after ,you resolve this issue with your builder. We must, inform you that this is a very serious matter which may result in legal action should you fail to comply with this reque.s t. . II' you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer I; Is i III ( I) SPOKES, F®LEY & STITZEL ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON', VERMONT 05402-0SIS6 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL RICHARD F. PETERSON, JR. June 21, 1988 Ms. Susan Messina South Burlington Water Department 403 Queen City Park Road South Burlington, VT 05403 Re: Town and Country Furniture Dear Sue: (802) 862-6451 (802) 863-2857 TELECOPIER (802) 863-2859 I am writing in response to your request on behalf of the Water Commis- sioners for an overview of the options available to the City in dealing with the Town and Country Furniture permit violation/easement encroachment situation. In order to help you understand what property rights are involved here, I am enclosing copies of the following: a) Deed of Antonio B. Pomerleau to Nathanial and Millicent Lash of June 9, 1969; b) Easement deed of Antonio B. Pomerleau to the Town of South Burlington of June 22, 1970; c) Plan of Watermain across Pomerleau property of July 24, 1969; d) Deed of Antonio B. Pomerleau to Nathaniel and Millicent Lash of December 1, 1986; and e) Portion of site plan approved by the City Planning Commission on October 28, 1986. As is evident from the enclosed documents, Antonio Pomerleau granted the City an easement 15 feet in width for drainage, sewer and water pipes. As depicted on the enclosed Plan, the easement is parallel to and southerly of the northerly boundary of what is now the Lash property. This differs slightly from the approved site plan which depicts the easement deflecting southerly away from said boundary westerly of a "water valve". Ms. Susan Messina Page 2 June 21, 1988 Based upon measurements of the building by Dick Ward, and a letter to him from Casey Construction dated June 6, 1988, it has been determined that the addition to Mr. Larkin's building was constructed approximately three feet wider than was approved by the Planning Commission. Based upon excavation in the area, you have concluded that the addition encroaches approximately 32 feet into the City's easement. Theoretically, there are two fronts on which the City could pursue Mr. Lash. First, under the zoning regulations Mr. Lash may be dealt with in two possible manners. Under §20.40 Mr. Lash's permit or approval may be revoked for violating the terms and conditions of the approval. Under §20.20 a certificate of occupancy may be withheld for failure to build in accordance with the approved plans and specifications. This would have the effect of preventing the use or occupancy of the new addition. It is my understanding, however, that the nonconformity has resulted in a significantly smaller structure and that it is being viewed by the city as an inconsequential technical violation. The second basis for action against Mr. Lash is for violating the City's easement. In a lawsuit seeking the removal of an encroaching building, the Court will typically order removal only where the structure was not erected in the good faith belief that it was not encroaching. Further- more, there must be a showing that the hardship to the landowner in suffering the encroachment will exceed the hardship to the building owner who would have to move the structure, (Dobbs, Remedies, §5.6). Where the building was constructed in good faith or there is no overwhelming hardship to the affected landowner, Courts would be more likely to validate the encroach- ment by ordering the encroacher to pay money damages to the landowner. In the situation we have before us, I believe it would be reasonable to expect a Court to order Mr. Lash to pay damages in an amount necessary to cover the cost of moving the waterline to a position 72 feet from the side of his building. This would probably be less expensive than the removal of approximately three feet of his building and is what the City expected in the first place. Initially, it was my understanding that the Water Department viewed the encroachment as a serious one only because it created an increased likeli- hood of damage to the building and improvements around it in the event the waterline broke. Thus, I proposed and drafted a Hold Harmless Agreement which I felt provided the City with protection in the event of injury to property resulting from the waterline. This seemed to provide insulation against all claims, including those which could have been brought had the building been constructed in accordance with the approved plans. Ms. Susan Messina Page 2 June 21, 1988 I now understand that the Commissioners, working in conjunction with the planning and zoning officers, would like to have considered the possibility of a united effort to have the offending portion of Mr. Lash's building removed. For the reasons stated above, I feel it would be more productive to either enter into the Hold Harmless Agreement or get Mr. Lash to partici- pate in the expense of moving the waterline. If you should require any further input with regard to this matter, please feel free to give me a call. Very truly yours, Y Richard F. Peterson, Jr. RFP:1jj CC: Dick Ward Z Jane Lafleur Vol. 218 Page 357 i FORM vul 1Ek)1)NT — N'APRAXTY DEED on 2/90 TKnow all Nervous bg 04eoc Prevents ' t I, ANTONIO B. POMERLEAU of Burlington in the County of Chittenden and State of Vermont Grantor in the consideration of -----------TEN AND MORE-------------------- Dollars paid to my full satisfaction by NATHANIEL R. LASH and MILLICENT C. LASH of Burlington in the County Of Chittenden and State of Vermont Grantee s , by these presents, do freely (riiue, (F)rttttt, +^rll, C.oitueu ttttb C:otifirm unto the said Grantees NATHANIEL R. LASH and MILLICENT C. LASH, husband and wife as tenants by the entirety and their heirs and assigns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Parcel No. 1 Beginning at the northeast corner of the land and premises conveyed to Nathaniel L. Lash and Millicent C. Lash by Warranty Deed of Antonio B. Pomerleau, dated June 9, 1969, and recorded in Volume 91, Pages 153-154 of the South Burlington Land Records; Thence proceeding westerly along the northerly boundary of the lands and premises of Lash a distance of 275 feet to a point which marks the northwest corner of the lands and premises of Lash; Thence turning to the right and proceeding northerly in a straight_ line which would be the extension of the westerly boundary of the lands and premises of Lash to a point where the extension intersects with the northerly boundary of the lands of Antonio B. Panerleau; Thence turning to the right and proceeding easterly along the northerly boundary of the lands of Pcmerleau to two "T" bars which mark the northeasterly corner of the parcel conveyed herein; Thence turning to the right and proceeding along the westerly edge of the right-of-way of U.S. Route 7 a distance of 50 feet to the point or place of beginning. All distances are approximate. Parcel No. 2 Commencing at a point which Torks the northwest corner of Parcel No. 1 described above, thence extending N83°06'19"W a distance of 25 feet to a point; thence turning to the left and extending S19*01'00"w a distance of 194.34 feet, more or less to a point; thence turning to the left and extending S83080'00"E a distance of 25 feet to a point; thence turning to the left and extending N19°01'00'E a distance of 194.34, more or less, to the point and place of beginning. Being a portion of the land and premises conveyed to Antonio B. POmerleau by Warranty Deed of National Life Insurance Company, dated August 25, 1964, and recorded in Volume 73, Page 5 of the South Burlington Land Records. �l. 218 age '3t� The land and premises are c•mveyed subject to all easements, right-*-of-way, covenants and restrictions of record, including but not limited to the following:. 1. Easement Deed from Antonio B. Pomerleau to the Town of South Burlington, dated June 22, 1970, and recorded in Volume 74, P3ge 461 of the South Burlington Land Records. 2. Agreement between Antonio B. Pomerleau and Nathaniel R. and Millicent C. Lash, dated June 10, 1969, and recorded in volume 89, Page 217 of the South Burlington Land Records. Grantor reserves for himself and his heirs and assigns an easement over the entire parcel for the purpose of ingress and egress to the remaining lands of Grantor. Graritor also reserves for himself and his heirs and assigns an easement over the enitre parcel for the purposes of installing, repairing and maintaining underground utilities. Excluded from this easement is that portion of the lands and premises conveyed herein, over which a portion of the Grantee's Town. and Country wilding is presently located. The land and premises are conveyed subject to the restriction that no building be constructers on the land, this restriction to run with the land and to be binding upon t:he heirs and assigns of the Grantees. Reference is hereby made :o the above instruments, and to the references contained therein, in furtt.er aid of this description. The land and Dremises are not the homestead of the Grantor. Waiver of Develoomental Rights: In order to comply with State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the Grantees shall not construct or erect a structure or bjild.ng on the parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The Grantees by acceptance of this deed acknowledge that this lot may not qualify for approval for development under the appropriate environmental po:tect:.on or health regulations and that the State may deny an application to develop the lot. Vol. 218 Page 359 1.1 L TO hove allb t0 h0lb said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantees NATHANIEL R. LASH and MILLICENT C. LASH, husband and wife as tenants by the entirety and their heirs and assigns, to their own use and behoof forever; And I the said Grantor ANTONIO B. POMERLEAU for mvself and my heirs, executors and administrators, do covenant with the said Grantees NATHA.NIEL R. LASH and MILLICENT C. LASH, their heirs and assigns, that until the ensealing of these presents t am the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are -Tree front everU etiCumbrallCe; Except as aforesaid, and I hereby engage to Varr111tt ttttl 11cfrttli the same against all lawful claims whatever, except as aforesaid 3111 111itilrea illlirrruf, t hereunto set my bond and seat this 1st day of December A. D. 19 86. 3tt I-Jrcemice of _ Antonio B. Pome'rleau i k -4(, k_ Afate of �-Jertnont+ SS. At Burlington this CHITTENDEN �D11rit�J 1st day Of December A. D. 1986 ANTONIO B. POMERLEAU personalty appeared, and he ack wI dged this instrument, by him seated and subscribe to is free act and deed. Before m Vermont Property Transfer Tax Notary Pub c 32 V. S. A. Crap. 231 (Title) •ACKi•:G', ; _:::;G-7MENT- ■rrr Orr - L+ r.1 :G.Jc m .14f 011. "" n. U" L'L • 7..1. i. .:AI O."} ACT. MIT. "Ve Return No. —5 Signed!Poerk Dote -jor,, r"n*jn.• 11` L X" bit VUMOK kARkiff" IDUB YUteLANX .,........ .. .•• Jr i•t♦ Vol. 91 Page 153 I, Cl! i,:,t µ.oN,o, roMEwew Of Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of TEN AND MORE--------------------------------------- Dollars paid to my full satisfaction by NATHANIEL R. LASH and MILLICENT C. LASH, husband and wife Of Burlington in the County of Chittenden and State of Vermont Grantee s by these presents, do freely altar. Giranfr *ell. CSmrorn Aa QlnedtM unto the Paid Grantee s NATHANIE.L R.LASH and MILLICENT C.LASH and their heirs and assifns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Yermont, described as follows, viz: A parcel of land located on the westerly side of Shelburne Road, U.S. Route No. 7, in the Town of South Burlington, and more particularly described as follows: Beginning at a point in the westerly sideline of Shelburne Road, U.S. Route No. 7, which point is 306 feet northerly of the north- east corner of Bartletts Bay Road and Shelburne Road; thence proceeding westerly a distance of 275 feet to a point; thence bearing to the right and proceeding northerly in a straight line a distance of 144 feet to a point which point is 50 feet southerly of the northerly boundary of land presently owned by Antonio B. Pomerleau; thence bearing to the right and proceeding easterly a distance of 275 feet to a point which point marks the westerly sideline-of.Shelburne Road or U.S. Route No. 7; thence bearing to'the right and proceeding southerly over and along the westerly sideline of U.S. Route No. 7 a distance of 144 feet to the point or place of beginning. Said lot of land has a frontage and uniform width of 144 feet and a uniform depth of 275 feet. Being a portion of the lands and premises conveyed to Antonio B. Pomerleau by The National Life Insurance Company and recorded in Volume 73, Page 5 of the Land Records of the Town of South Burlington. The grantees as further consideration for the above described premises promises that they will not erect any obstruction preventing the free flow of traffic from the proposed parking lot the grantees and the land immediately southerly and owned by the grantor. The Grantor agrees that he will not erect any obstruction preventing the free flow of traffic fmn any parking lot on the grantor's land southerly of the above conveyed prenises to the said premises. .�RpNSFER ACKNOWLEDGMENT r o RETURN N0. SIGNED — -'� -. 4 CLERK . c�ivt:n r• .'w fRV•1+: ',�T�il :r+'.+1 :.o i:. k "!^.'E'r."!�;+r.-).,....fir, �...�.�..._.,..'.,;.. � ......._.- ........ , . f Vol.• 91 ____ .. _...._ r. ...... _ I . . Page 15+ purtenanees there' `to the said Grantee s NATIIANI kL R. LA--.,: and MILLICEN' C. LASH, husba ine wife, as tenants by the entirety, thee, heirs and assigns, to their own use an,- jehoof forev : ,4nd I the said Grantor ANTONIO B. POMERLEAU for y e 1 f and m heirs, executors and admin.tstrators, do oovenant trnt the caul Grantee 5 NATHANILL R. LASH and MILLICENT C. LASH, their heirs and assigns, that until the enseaUnp of these presents I am the sole owner of the premises, and have Good right and title. to eonveu t same in manner aforesaid, that they are 3Frer Prom Enrry Enrua brame-. i and I hereby enfade to !arrant Aug $efrub the same ajainst all lawful "me whatever, 3n 'Witness Whrrrof, I hereunto set my D. I . handand seal this 9th day of June .g ?In Presence of 1 � �(hv�-C.. Gz � —+Sep �."-.-•--' � � r State (Of Vermont. �qt Burlington �nrefa . CHITTENDEN 9th day of June R• D. 19 (19 Ii ANTONIO B. POMERLEAU I perronally appeared, and he aeknowledeed this instrument, by him sealed and subscribed, to be his free act and deed. Before "w ' Notary Public _ Received for record June 20, 1969 at 2:00 P.M. Attest �� TOW CLERK Page 1461 :7 i 1 PORN M yFRMON( ou.vaA1M DEW �..I TVXN"-A IMISTY.ED V. S PAT. r­ •, b i I, AjNTONIO.B. POMERLEAU, , i Of Burlington in 11.c of Chittenden and State of Vermont Grantor , in, the oonauleratlivn of ---------------------TE\ AND MORE-- --------------------------�IL.arS I paid to my full satisfaction by TOWN OF SOUTH BURLINGTON, a municipal corporation in the County of ;,lhittender a:d State of Vermont Grantee hG, a _� r' , !•_rr •: unto the sr.:;. TOWN OF SOUTH BURLINGTON, its success—, i x4_, xx or a 4S i£ n s, all right and title which 1, I i A.NTON I O B . POMERLEAU or my heirs have in, and to a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A perpetual easement and right of way within the property lines of land of the within Grantor located off Shelburne Road and mor.: 7articu:arly set out on a plan entitled "Plan of Water Main Fasom.ent Across Property of Antonio B. Pomerleau, South Burlington, Vermont," dated July 24, 1969, and to be recorded in the Land Recorc:s of the Town of South Burlington; said right of way being fifteen (15) feet in width. Specifically conveyed herein are any and all water lines or pipes owned by the Grantor hereir. and located with the easement and right of way as shown on said plan. Said perpetual easement and right of way is for the laying, con- struction, building, installation, maintenance, repairing, re- building, replacing, operation and -.—_trol of drainage, sewer and water pipes, mains and conduits, under, through and across said easement and rig:it of way. Grantor specifically grants to the Grantee the right to excavate and grade, to cut and remove'trees and to construct and maintain slopes, embankments and drainage culverts within the limits of said right of way and easement as shown on said plan. IN I Grantor reserves the right at any time, at his own expense, to lay and install a water line or pipe running northerly and southerly over land of the Grantor herein to the water pipes conveyed herein together with the right to connect to said pipe, and Grantee agrees to accept said line if constructed in accordance with standards of the South Burlington Water Department, or its successor, as part of its water system, at the option of the Grantor herein . Grantee in consideration of this conveyance agrees that it will not permit any adjacent land owner, having both a common boundary with the northerly line of the grantor herein and the water line herein conveyed, to connect to said water line or pipe conveyed without paying to the grantor a sum equal to Five ($5.00) Dollars for each lineal foot of the adjacent owners most southerly line which parallels the grantors northerly line and said water line. Grantor, his heirs, exeuctors and assigns, agrees to give an easement to cross the grantor's land to connect to said line upon receipt of said payment and grantor further agrees that an adjoining owner may have multiple connections to said line if payment has been received in accordance with the above formula. Q14 ::`v2 »..l ;4 �!"b all my rimht and title in and to said quit- claimed premises, with the appurtenances thereof, to the said TOWN OF SOUTH 3URLINGTON, its successors the said ANTONIO B. POMERLEAU f,,wW and assigns forever. dolor myself and my heirs, executors and administrators, covenant with the said TOWN OF SOUTH BURLINGTON, its successors :a,;:Srx and assigns, that from and after the ensealin, of these presents I the said ANTONIO B. POMERLEAU will have and claim' no right, in, or to the said quit -claimed premises. VnJ. '74 Page 462 Pagt 1+63 II 3 hereunto set my hand and seal this ,> .2 + day of June .4. D. 19 70. 41aProarr of A r A. 4-e cf at Burlington this r+ CHITTENDEv i �a. e7 d day of June ,d. D. I51 70 ANTONIO B. POMERLEAU personally appeared, and he acknowledged this instrument, b, him sealed and subscribed, to be his free act and deed. Before me -It'v-- %z '`i 'l'`-� Notary Public VO"Ont Property Trmsrer Tax 32 V.S.A. Chao. 231 —ACKNOW I ReturnRec'd-- LEDGMENTd YL land Use i j e"I-- nard of HGa CI Ct.WL RB'd._ D� lome ns Atl l u4 NK'd. . Return Oat. Received for record July 1, 1970 at 2:00 P.M. Attest I� TUN CLF.�iIC i�yG zve)o -4 -9 'IV e/77gfP77/ Iva 4 's "�,-z 6 ROAZ) TOWN CLERK'S OFFICE io. Burlington, Vt. Remved for record at Gcjo6 MW recorded in VoL_,? "e Attem r.,YLV h�cct:>, .1 1 ! 1 ' 1 � � AUG" nFtvtr 1 N ✓ S turtc �—tn-r Wl tl: Tt 1 i ' � d 1 y�` 1 J 1 1 1 t - 7 'fEY. + 45 r-,A i (bJi- jI I CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) NAME, ADDRESS, AND PHONE NUMBER OF: a) Owner of Record �T'�� A��' •(M � � C��-r L AS U 1515 SWEI. Q RKYRr7�fi S 13u R�� C�-�t� �slo3� w �— b) Applicant SA ml—=? c) Contact Person `ziM R_ !u 2) PROJECT STREET ADDRESS: 3) PROPOSED USE (s)� 4) SIZE OF PROJECT: (i.e. Building Square Footage, #units, maximum height and #floors F-A(I-Tl*5Cr 1S,9,4o -t- 63`D 5) NUMBER OF EMPLOYEES (full and part time): ( Z 6) LOT COVERAGE: Building 3(D7o %; Building, Parking, Outside Storage: % 8) COST ESTIMATES: Buildings: $ 10(b,p900 ; Landscaping $ Other Site Improvements: (Please list with cost) $ 9) ESTIMATED PROJECT COMPLETION DATE: 1S 10) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) _ 10 GU STt>Miz12 S 11) PEAK HOUR (s) OF OPERATION: I j A M 11C) '2 P" 12) PEAK DAY (s) OF OPERATION: s A-c V 20 t�, q SIGNATURE'/dF APPLICANT City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 November 26, 1986 Nathaniel Lash 1515 Shelburne Road South Burlington, Vermont 05403 Re: Town & County Furniture Dear Mr. Lash: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the October 28, 1986 Planning Commission meeting. Please be sure to record the revised property lines within 90 days of approval. Sincerely, I" j 0 -�'a - Jane B. Lafleur, City Planner JBL/mcp 1 Encl If 10/27/86 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Nathaniel Lash for construction of a 5,061 square foot addition to the existing building at 1515 Shelburne Road as depicted on a plan entitled "Proposed Site Plan, Town and Country Furniture" dated 10/86 prepared by a ��1Yt��1Yt�j,(f� with the following stipulations: 1) A surveyed plan with the boundary adjustments for the 50 foot strip along the northern property line shall be recorded prior to permit. The 50 foot strip shall be shown as part and parcel of the lot at 1515 Shelburne Road and not as a separate lot. The surveyed plan shall show the 15 foot water main easement. 2) A $3P000 landscaping bond shall be posted prior to permit. 3) One fire hydrant shall be installed on the p ro perty �t�X� � N� It may fit - connect to the water main at the rear of the site. A bond shall IG` be posted for this prior to permit. 4) The building permit shall be obtained within 6 months or this approval is null and void. , J ' ):� M F. M O R A N D u M TO: South Burlington Planning Commission FROM: Jane B. Lafleur, City Planner RE October 28, 1986 DATE: October 24, 1986 2) CURTH, 1805.Shelburne Road harry Curth requests an extension to the site plan approval for his czar wash on Shelburne Road. (See enclosed letter) 3) LASH, 1515 Shelburne Road Mr. Lash has submitted new plans that show a 5,061 square foot addition to the existing building. This is 4 square feet less than previous plans. Total lot coverage is now 70.1%. Circulation: A 30 foot wide access drive is shown around the rear of the building as requested by Chief Goddette and the Planning Commission. Access: Access is shown from the existing southern curb cut and a relocated cut at the northern end of the property. Parking: Twelve paved parking spaces are shown. Landscaping: The plan shows approximately $4000 in new landscaping. The plans require $�,4�t�"�`�5 foot buffer is shown along the northern property line with 23 white pine planted in it. Other: See Chief Goddette's and Bill Szymanski's comments. 4) BDP REALTY, IDS, 1400 Shelburne Road The applicant's revised plan shows the revisions requested by the Planning Commission. Access: Access is shown as a shared driveway for the new and existing IDS buildings. Two new curb cuts are shown on to Holmes Road extension. Circulation: The circulation is improved with a more direct access to Holmes Road extension from the existing building. Parking: The new building requires 480 spaces; the plans show 407 with room for. 73 additional if needed. Landscaping: The plans meet the $37,500 landscaping requirement. Additional evergreen are included. See Bill SzymAnski's comments. 1 Ath N urlingtvn Nire D ep,1ment 575 i9uruet �trect mutt) �-111dington. Vermunt 1154111 So. Burlington Planning 575 Dorset Street So. Burlington, Vermont Commission 05403 �r .l OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658.7960 October 24,1986 On Thursday October 23,1986 the fire department reviewed a final plan on the addition to the Town & Country Furniture Store on Shelburne Road. Corrections have been made as far as the access roads for our equipment but at this time the hydrant we requested does not show on the plan on it's location. If there are any questions please feel free to call me. Sincerely mes W. Goddette Sr.` Chief City of South Burli ngton 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 October 23, 1.986 Nathaniel Lash 1515 Shelburne Road South Burlington, Vermont 05403 Re: Town & Country Furniture, 1515 Shelburne Road Dear Mr. Lash: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Commission regarding ,your application. Please be sure someone is present, on TLIC-sday, October 28, 1986 at 7:30 P.M. to represent ,your application. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 October 23, 1986 Mr. Nathaniel Lash Town & Country Furniture 1515 Shelburne Road South Burlington, Vermont 05403 Re: Town & Country, 1515 Shelburne Road Dear Mr. Lash: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the Planning Commission of the meeting of October 14, 1986. Your revised plans will be reviewed by the Commission on October 28, 1986. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encl r) t4uth N uriiu tun N ire Re admEnt ; t 575 19oroet -tred #outh Nurlington, Vermont 05401 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 October 14,1986 To; So. Burlington Planning Commission From: Chief Goddette Sr. Re: Addition To Town & Country Furniture On Friday October 10,1986 I had a meeting with Mr. Lash on the addition to his store to see if things could be worked out on the problems found when the plans were reviewed by this department. During the meeting on site I feel that the access needed for our equipment can be designed into the property in the back as well as a good location for the hydrant. If there are any questions please feel free to call me. Sincerely �% yfG�i le xf/ �9 mes W. Goddette Sr. �a Chief _r1j, ^Qv # L 9 GA - d �J Tn_L IN I-ZVI Q� rzt- Oro 10/14/86 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Nathaniel Lash for construction of a 5,065 square foot addition to the existing building at 1515 Shelburne Road as depicted on a plan entitled "Town and Country Furniture, South Burlington, Vermont - Proposed Addition" revised April 1, 1986 and June 16, 1986 with the water line revised on 10/1/56 with the following stipulations: 1) A surveyed plan with the boundary adjustments for the 50 foot strip along the northern property line shall be recorded prior to permit. The 50 foot strip shall be shown as part and parcel of the lot at 1515 Shelburne Road and not as a separate lot. The surveyed plan shall show the 15 foot water main easement. 2) The proposed plantings shall not be installed in the Route 7 right-of-way or along the northern boundary where there is no room. 3) A drainage plan shall be submitted to the City Engineer for approval prior to permit. It shall show the swale along the northern boundary. 4) The Commission agrees to waive the 70% maximum lot coverage requirement. The plans shall show adequate space along the rear of the building for a 30 foot wide paved or gravelled circulation driveway. 5) Revised plans shall be approved by the City Planner prior to permit'. 6) One fire hydrant shall be installed on the property. It may connected to the water main at the rear of the site. A bond shall be posted for this prior to permit. 7) The building permit shall be obtained within 6 months or this approval is null and void. 3 MEMO-JBL 1.0/10/86 5) GOODRICH, GREEN ACRES, HINESBURG ROAD Ralph Goodrich proposes to operate a stone quarry on his property at Green Acres. The water in the existing quarry will be pumped into Muddy Brook. A State discharge permit will be required for this. Please see the Zoning Board minutes (enclosed) regarding its review of this project. Also enclosed is an Act 250 decision regarding a quarry in Hyde Park so that the Commission is aware of the types of issues involved in such an operation. Access: Access is proposed to Hinesburg Road through Green Acres and the proposed Swift Street extension, across the Semicon land. I believe this street is still privately owned by Semicon although it has been offered to the City. Extraction Volume: Mr. Goodrich expects to extract approximately 600,000 cubic yards; the ZBA minutes note that 4.6 million yards would be removed over 10 years. Hours of Operation: Mr. Goodrich proposes to operate the quarry 6 a.m. to 6 p.m. Weekend and holiday operation should be discussed. Traffic: The quarry operation will produce 18 trucks per hour. Truck trip ends and other types of project traffic (employees etc.) should be included in a complete traffic study of the capacity of Hinesburg Road to handle this traffic and the impact on Hinesburg Road. Screening: Mr. Goodrich proposes to stockpile topsoil removed from the site to create a grassed berm along the interstate. The length and height of this should be discussed as well as the visibility of the operations from I-89 and Hinesburg Road. Large trees should be planted along the access road. Other: Use of the quarry after the 10 year excavation should be discussed. See enclosed letter from Mr. Goodrich. 6) LASH .i515 SHELBURNE ROAD Mr. Lash proposes to construct a 5,065 square foot addition to the existing Town and Country Furniture building. He has evi- dently worked out the purchase of the'50 foot r.o.w. north of the building. Mr. Lash has had the water line surveyed. The plans scale 1/2 foot less than the 7 1/2 feet required between the water line and the building. This must be revised. ✓7 MEMO-JBL 10/10/86 As you remember, I had recommended that the Commission require Mr. Lash to close the southerly curb cut to better manage access in this area. Mr. Lash requests to keep both curb cuts open in case the property owner to the south closes off the driveway around the rear of the building that his delivery trucks use. The driveway around the back is narrow and measures 11 feet to 14 feet in width. There are seven parallel parking spaces along this aisle that are also too narrow since they measure 7 feet in width rather than 9 feet. If the aisle and the parking spaces are brought into conformance, the lot coverage will exceed the 70% required by the Commission. The parking spaces should be 9 x 18 feet and the aisle should be to 22 feet. (See Chief Goddette's comments regarding this access.) The total building coverage is 36% as allowed by the ZBA. The total lot coverage is 70%. I still do not want any new trees planted within the Shelburne Road right-of-way. Three cranberry are shown right on the northerly property line and I doubt they will survive. Normally we require a five foot landscaped buffer around the property to give adequate space for snow storage. This plan shows pavement up to the property line since there is no room to build the proposed addition and maintain the five foot buffer. See Bill Szymanski's and Jim Goddette's comments. 7) PIZZAGALLI, 35 JOY DRIVE Pizzagalli, Inc., has allowed the site plan approval for a 23,000 square foot building to expire. The property is located west of the new Pizzagalli Office at 55 Joy Drive. The issues are as follows: Access and Circulation: A new 24 foot wide driveway is shown from Joy Drive. The plans show the two parking lots connected around the back of the building. Parking: The ordinance requires 92 spaces. The applicant proposes seventy five and therefore needs a waiver of 18%. This was granted at the previous approval. Landscaping: A bond of $19,450 is required prior to permit.. The plans meet this requirement. Other: The sidewalk shall be continued from the sidewalk at 55 Joy Drive. It shall be depressed concrete and continuous across the drive. 3 M E N O R A N u U N To South Burlington Planning Commission From: William J. Szymanski, City Manager Re: October 14, 1986 Agenda Date: October 10, 1986 2) SHEA LOT, BREWER PARKWAY 1. Drainage information has been added as requested. 4) LAKEWOOD DEVELOPMENT, SHELBURNE ROAD 1. Sewer mains shall be 8 inches in diameter. Plan shows some at 6 inches. 2. Sewer mains shall be at least 10 feet away from buildings. 3. Water Department shall review the water main layout. The project Engineers shall evaluate the systems for adequacy for fire protection. The mains servicing fire hydrants should be at lead -8 inches. / 6 ) TOWN AND COUNTRY FURNtTT-U,REE l\1) Building shall not infringe upon the water main easement. This easement should be shown on the plan. 2. Proposed planting along Shelburne Road should be outside of the street rights -of -way. 3. It appears that the drainage swale along the north side will be infringed upon (filled); if so the adjacent property will receive drainage from this property. The proposed drain- age should be shown. 7) PIZZAGALLI DEVELOPMENT, 35 JOY DRIVE 1. Same comment as 11/16/85 memo, re: Runoff from the site. The 12 inch pipe and 4% slope will result in problems on Joy Drive especially at the Farrell Street intersection. 1 ..11ttj iSUrtiu9ton Yir@ Dry. t.2111cut 575 Durtiet street " e -*ulttb 13urltngton, 13ertnunt 05401 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 MEMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: October 14,1986 AGENDA ITEMS DATE: October 8,1986 1. Town & Country Furniture Addition Shelburne Road The plans have been reviewed by this department and the following should be required for fire protection; A. The road and parking area in the back of the building must be no less then 30' Wide to enable us to get equipment set up. B. Because of Shelburne Road being a main highway at least one hydrant should be installed on the property . 2. Lot #6 20 Kimball Avenue Plamer LTD. Plans reviewed and at this time I do not see a problem for the department. 3. Pizzagalli Development Co. 35 Joy Drive The only problem I see at this time is with the size of the two buildings and being tied together one hydrant is needed and the property for the new building. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 October 10, 1086 Nathaniel Lash Town & Country Furniture 1515 Shelburne Road South Burlington, Vermont 05403 ZONING ADMINISTRATOR 658.7958 Re: Town & Country Furniture addition, 1515 Shelburne Road Dear Mr. Lash: Enclosed are the agenda and my memo to the Commission. Also enclosed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, October 14, 1986 to represent your application. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls t ---�7n �onio forn�r/edu ^- N'' sue" w _ r✓ �/C,�rn..ii� v � Z/D� r .ctos�mcn� lac i ro 4 / I i'Y�Do.�tp/ .8ui /�•�7 ,31 _ asC-a , �K, t S NEL BU,Q11�E ROA O ,av • TOWN.. iti r. 14* �' T 14 � .. ; v l' lV w......d^,( August 14, 1986 Nathaniel Lash 1515 Shelburne Road South Burlington, Vermont 05401 Rea Town and Country Furniture, 1515 Shelburne Road Dear Mr. Lashs Enclosed are the August 15, 1986 minutes at which your plan was denied. Please let me know if and when you want to begin again so I can arrange a meeting date for you. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encl a IZ14/86 JBL MOTION OF DENIAL That the South Burlington Planning Commission deny the site plan application of Nathaniel and Millicent Lash for a 5,065 square foot addition to the existing Town & Country Furniture Store at k5k!! - Shelburne Road as depicted on a plan entitled "Town & Country Furniture, South Burlington, Vermont, Proposed Addition" prepared by Casey Construction, dated March 1986, last revised June 16, 1986 boeatrae f the following reasons: -�Or 1) Construction of a building within the water easement on the north side of the building is not permitted. 2) New landscaping shall not be permitted within the right-of- way. 3) The southern curb cut on Shelburne Road is not deleted on the plans as instructed by the Planning Commission. 1 l ?P/ / 8 6 JB1, MOTION OF DENIAL That the South Burlington Planning Commission deny the site plan application of Nathaniel and Millicent Lash for a 5,065 square foot addition to the existing Town & Country Furniture Store at 2525 Shelburne Road as depicted on a plan entitled "Town & Country Furniture, South Burlington, Vermont, Proposed Addition" prepared by Casey Construction, dated March 1986, last revised June 16, 1-986 because of the following reasons: 1) Construction of a building within the water easement on the north side of the building is not permitted. 2) New landscaping shall not be permitted within the right-of- way. 3) The southern curb cut on Shelburne Road is not deleted on the plans as instructed by the Planning Commission. 11 August 4, 1986 Nathaniel Lash Town & Country Furniture 1515 Shelburne Road South Burlington, Vermont 05401 Re: Minutes of July 22 Dear Mr. Lash: Enclosed are the July 22, 1986 minutes. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encl k t; A N 1) 1: M To: South Bur•I in.c;ton Plnnninur istiicn r. From: Jane B. Lafleur, ('ity Pjaj-)ri(,r. Re : August 5, 1986 agenda items Date: August 1, 1986 2) PALMER, LOT #1, RDR SUBDIVISION, KIM13ALL AVENUE Enclosed is a letter from Jeff Nelson of Wagner, Heindel and Noyes .regarding the effects of the proposed development.. Mr. O'Brien has been contacted by the Natural Resources Committee to see if he is willing to grant an easement or sell some proper- ty for better access to this lot.. Mr. Palmer and the O'Brien's have not reached anyagreements yet. Since I have not received revised plans with new access and scaled down coverage, this item should be tabled until. August. 12, 1986. 3► NORDIC PRE -OWNED VEHICLES, 1519 SHEL.BURNE ROAD This item should be tabled until August 12, 1986. I have not received revised pl.ans showing the corrections to the front �,ard, the lot dimensions, and the parking lot.. An evaluation from Wagner, Heindel. and Noyes is also needed. It would be helpful to have lease information that; confirms why improvements to the GF property can not be done now. The Zoning Board will not be able to review this for conditional use approval until August 25 since the applicant did not meet the filing deadlines. 4 ) EASH,-'TOWN AND COUNTRY FURN.fTURE, 1515 SHELBURNE: ROAD I have not, yet. received new plans reflecting the changes required by the Planning Commission. A motion to deny this plan will. be available at the meeting since the 60 day action period is quickly approaching. 5) MERCHANTS BANK, 75 KENNEDY DRIVE AND KIMBALL AVENUE Craig Leiner and David Spitz will both be available on Tuesday night to discuss the traffic impact, of this operations facility, branch bank and leased office space. The Commission should be prepared to discuss the improvements required by this applicant: such as signalizat:ion improvements at the Kennedy and Williston 1 August 1, 1986 Nathaniel Lash 1515 Shelburne Road South Burlington, Vermont 05401 Re: Town and Country Addition Dear Mr. Lash: Enclosed are the agenda and my memo to the Planning Commission. Since I have not rer.eived new surveyed plans with access and landscaping revisions, I expect this will be denied at Tues- day's meeting. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls M E M O R A N D U M To: South Burlington Planning Commission A' From: Jane B. Lafleur, City Planner Re: July 22, 1986 Agenda items Date: July 18, 1986 2) LASH, 1515 SHELBURNE ROAD I have not received new plans from Mr. Lash that reflect the changes required by the Planning Commission. These include 1) moving the building outside of the waterline easement; 2) amend- ing the landscaping plan; and 3) closing the southern curb cut. 'fivdfi "b y 6 , 5 3) BARNES, 27 MEADOW ROAD Mr. Barnes proposes to subdivide the .537 acre parcel into two lots measuring .275 and .262 acres. The front parcel has an existing house and garage. The rear parcel is adequate for a duplex. The property is zoned Residential 4. Access: Access is proposed from a 20 foot right of way through the southern side of the front parcel. Under section 19.20 the Planning Commission may approve a lot with no road frontage provided the 20 foot easement is secured by a permanent legal easement or right of way. Utility Easements: There is a 9 foot water, electric and gas easement south of the Barnes.property. See Bill Szymanski's comments regarding the easement and drainage. Lot size: The front lot with the existing house is 11,402 square Feet which meets the 9,500 square feet required for a single- family lot. The rear lot is 12,007 square feet which is adequate for a duplex. Landscaping: Evidently Mr. Barnes has not been able to work out a landscaping plan with the neighbors to buffer the proposed house lot. A landscaping plan must be submitted to me prior to the meeting. Other: See Bill Szymanski's and Jim Goddette's comments. The subdivision regulations state that the Commission shall use the enclosed criteria for reviewing major subdivisions. It is not clear that these apply to minor subdivisions. 1 July 18, 1986 Nathaniel Lash 1515 Shelburne Road South Burlington, Vermont 05401 Re: Town and Country Furniture Addition, 1515 Shelburne Road Dear Mr. Lash: Enclosed are the agenda and my memo for the July 22, 1986 Planning Commission meeting. Since I have not received re- vised plans from you or a surveyed plan as required by the Water Commission, this item will be tabled. Please let me know if you intend to continue with this application. We must take action on this plan by August 5, 1986. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls July 17, 1986 Mr. Nathaniel Lash 1515 Shelburne Road South Burlington, Vermont 05401 Dear Mr. Lash: Enclosed are the minutes of July 8, 1986. Since I have not received revised plans reflecting the Planning Commission's requests, we will have to table your application until August 5th. Please submit new plans as soon as possible. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl No Text M E M O R A N D U M To: South Burlington Planning Commission From: Jane B. Lafleur, City Planner Re: July 8, 1986 Agenda items Date: July 2, 1986 2) LASH, 1515 SHELBURNE ROAD Mr. Lash's application was tabled by the Commission pending lot coverage information, landscaping and a resolution of the proper- ty boundary. In the meantime, a 20 foot water easement was discovered in the area of the proposed addition. Property boundary: Mr. Lash had the property boundary line confirmed by Ken Pinkham. It concurs with the line indicated by Mr. Pomerleau and cuts through the existing building. The addi- tion will be built on the 50 foot wide strip that will be pur- chased by Mr. Lash from Mr. Pomerleau. Evidently there is no longer a boundary dispute since both agree on the original line. Lot coverage: The plans have been revised showing additional landscaping in the front of the building to keep the site at 70% coverage. Landscaping: A $3000 plan is required. The plan meets this�G� requirement. 10 kN r,0.V_A) .NI ra Water Easement: The water line is shown on the plans aisTI-ve feet from the new addition. The addition was slightly reduce in size to maintain a five foot setback from the line. This arrangement will be considered by the Water Commission on Wednesday, July 9. (See letter from Water Dept.) The Planning Commission should stipulate that Water Department approval is required prior to permit. 3) SHEARER, SUMMER WOODS, PATCHEN ROAD Mr. Shearer has revised the plans to show 52 units (plus one existing) rather than 56 (plus one existing). The four units near the cul de sac are removed. The cul de sac is improved. One perimeter variance for a garage at 44 feet remains near the Melna Concrete property. The sidewalk around the Brill property has been removed. Level of service calculations for White Street/Patchen Road should be provided by Final Plat application since this inter- section must be at level of Service C. The study should include an evaluation of the need for a traffic signal. 1 MEMO TO: Jane Lafleur, Planning Commission FROM: Susan Messina, Water Dept. DATE: July 1, 1986 RE: Nat Lash's Proposed Addition to Town & Country I have talked to Mr. Lash several times, both on the phone and on site, regarding his addition and the possibility of this project interfering with an existing 8" AC distribution main. The last time I talked to him (last Thursday) on site, he had staked out the actual location of the proposed building and it will definitely be within this Department's easement in some places; the lot I have been told is irregular in shape. I asked him to bring in a surveyed drawing of the proposed project indicating the easement, etc. for review by the Board of Water Commissioners; which I do not have as of this date. In this in- stance, the Water Commission will need to become involved in the approval process. If I can be of any further assistance in this matter, please do not hesitate to call. 7/7/86 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Nathaniel and Millicent Lash for a 5,065 square foot addition to the existing Town & Country Furniture Store at 1515 Shelburne Road as depicted on a plan entitled "Town & Country Furniture, South Burlington, Vermont, Proposed Addition" prepared by Casey Construction, dated March 1986, last revised June 16, 1986 with the following stipulations: 1. A $3,000 landscaping bond shall be posted prior to permit. The crab apple trees proposed for the front grassed strip in the City -owned right-of-way shall be deleted from the plan and placed in a location that is acceptable to the City Planner. 2. The southerly curb cut shall be closed and a bond posted for this prior to permit in an amount determined by the City Engineer. 3. The northwest corner of the new addition shall be constructed no less than 16.6 feet from the property line. 4. Approval for construction within the water easement must be obtained from the Water Commission prior to permit. Any new legal documentation that is required shall be completed at the applicant's expense and approved by the City Attorney prior to permit. 5. The building permit shall be obtained within 6 months. 1 July 2, 1986 Nathaniel Lash 1515 Shelburne Road South Burlington, Vermont 05401 Re: Town & Country Furniture, 1515 Shelburne Road Dear Mr. Lash: Enclosed are the agenda and my memo to the Planning Commission. Please be sure someone is present on July 8, 1986 at 7:30 P.M. to represent your request. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls NORTH COUNTRY LANDSCAPING INC. 10 DORSET ST. SOUTH BURLINGTON, VT 05401 (802)658-5050 ,Tune 16, (1986) Mr. N , Lash ToTim & Country Furniture Shelhurne Road So. Pur_linaton, VT 05401 RE: Landscape installation at above address. PLANT LIST. 1) . Two Flowering crahannle 4" cal. B&B to suonlement existing row adjacent to Route 7. 2) . T,!o uhite birch 2;5" B&B. 3) . Three Common nur-nle lilac 4-5' B&B. 4) . Six bur_nina bush 18-24" B&B. 5), Three sandcherry 3-4P&P. 6). Four mock orange 4-5' B&B. 7) . Twelve notentilla ( 8-2.4 ". 9). Twelve spreading yews 24--30" B&B. 1)). Six American cranberry 4-5' B&B. 10). Nine earl1, Cotoneaster 2 r'al. ll,) . Thirty-five mixed perennials for summer color. CONTRACT COST Plant selection is subject to substitution based upon availability at the time of installation. FR/jc cc $3,479.61 _" ��C.►--vim.,- ��-�.1--�__ - -- Frank Reardon North Country Landscanina, Inc. NORTH COUNTRY LANDSCAPING INC. 10 DORSET ST. SOUTH BURLINGTON, VT 05401 (802) 658-5050 June 16, 1986 Mr. N . Lash Town & Country Purniture Shelburne Road So. Burlington, VT 05401 RE: Landscape installation at above location PLANT LIST! 1) . Two -lowering crabapple 4" cal. B&B to supplement existing row adjacent to Route 7. 2) . Two white birch 21g " B&B. 3) . Three common purple lilac 4 -5 ' R&B . 4) . Six burning bush 18-24" F&B. 5). Three sandcherry 3-4' B&B. 6) . Four mock orange 4-5 ' B&B. 7) . Twelve rotentilla 18--24". 8). Twelve spreading yews 24-30" B&B. 9) . Six .American cr_anberry 4-5' B&B. 10). Nine earl,.7 Cotoneaster 2 gal. 1/ ) . Thirt-,,--five nixed perennials for summer color CONTRACT COST: $ 3, 4 79.61 Plant selection is subject to substitution based upon availability at the time of installation. by Frank Reardon North Country Landscaping, Inc. rR`jc C.C. 0 ;)L- J _ � � tr a) a W1,. �, ���,�.. a' Ia b la L-,L,. 7 _aq„ 3 sG C 3 - q ` y or S rem k Jks 1a,33 s� a0 S,SS A �> -) c) -3 C, L 6/23/86 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Nathaniel and Millicent Lash for a 5090 square foot addition to the existing Town & Country Furniture Store at 1515 Shelburne Road as depicted on a plan entitled "Town & Country Furniture, South Burlington, Vermont, proposed addition" prepared by Casey Construction dated March 1986, last revised June 16, 1986 with the following stipulations: 1. A $3,000 landscaping bond shall be posted prior to permit. 2. The southerly curb cut shall be closed and a bond posted for this prior to permit in an amount determined by the City Engineer. 3. The northwest corner of the new addition shall be constructed no less than 19 feet from the property line. 4. The building permit shall be obtained within 6 months. �9 l /10/86 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Nathaniel and Millicent Lash for a 5090 square foot addition to the existing Town & Country Furniture Store at 1515 Shelburne Road as depicted on a plan entitled "Town & Country Furniture, South Burlington, Vermont, proposed addition" dated March 1986, revised April 1, 1986 with the following stipulations: 1. A $3000 landscaping bond shall be posted prior to permit. A revised landscaping plan depiciting the number, size and variety of new plantings valued at $3000 shall be submitted to the City Planner for approval prior to permit. Any new planting shall be done outside of the street right-of-way. 2. The southerly curb cut shall be closed and a bond posted for this prior to permit in an amount determined by the City Engineer. 3. A fire hydrant shall be installed on the property in a location determined by the Fire Chief. 4. Prior to permit, a written agreement shall be obtained from the property owner to the north for moving snow over the property line. 5. The northwest corner of the new addition shall be constructed no less than 19 feet from the property line. 6. The building permit shall be obtained within 6 months. June 20, 1986 Nathaniel Lash 1515 Shelburne Road South Burlington, Vermont 05401 Rea Town & Country Addition Dear Mr. Lash: Enclosed are the June 10, 1986 Planning Commission minutes. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl 6. LASH, 1515 Shelburne Road I am expecting Mr. Lash to bring evidence showing resolution of the property line dispute. I have not received new plans showing lot coverage and landscaping but expect to receive these prior to the meeting. Chief Goddette is not requiring a new fire hydrant since he feels the one across Shelburne Road is adequate. If all is in order, the only remaining issue is whether or not the southern driveway should be closed. (See Goddette's letter) '41 June 19, 1986 Nathaniel Lash 1515 Shelburne Road South Burlington, Vermont 05401 Re: Town & Country Addition Dear Mr. Lash: Enclosed are the agenda my memo to the Commission regarding your plans. Please be sure someone is present on Tuesday, June 24 to represent your application. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: John Trevithick 4out4 g Nurtin ton dire Department 575 Dorset *treet fout4 Nurlington. Vermont 05481 OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863.6455 June 12,1986 South Burlington Planner 5757 Dorset Street So. Burlington, Vermont 05401 Dear Jane, I had a meeting with Mr. Lash on the addition to the Town & Country Furniture Store. In my letter to you on the site plan reviewed I said one hydrant would be required because the only one I knew of was at Green Mt. Drive & Shelburne Road. Through talking with Mr. Lash another hydrant was located on Shelburne Road across from the driveway to the furniture store. At this time I feel there is the proper hydrants required for are service and the hydrant requested is not requried. I am sorry for the mix up. If you have any questions please feel free to call me. Sincerely JCh mesW.Goddette Sr. ief i-�(l All 6tlrlitigtout 4Rire Dcpzf .ltrnt 175 Dorsct �trcet autll �lurlington. 11erinunt 05401 _s f OFFICE OF JAMES W. GODDETTE, SR, CHIEF 863.6455 June 12)1986 South Burlington Planner 5757 Dorset Street So. Burlington, Vermont 05401 Dear Jane, I had a meeting with Mr. Lash on the addition to the Town & Country Furril-cure Store. In my letter to you on the site plan reviewed I said one hydrant would be required because the only one I knew of was at Green Mt. Drive & Shelburne Road. Through talking with Mr. Lash another hydrant was located on Shelburne Road across from the driveway to the furniture store. At this time I feel there is the proper hydrants required for are service and the hydrant requested is not requried. I am sorry for the mix up. If you have any questions please feel free to call me. Sincerely � JCh mes W. Goddette Sr. ief -ow I 'L(2 J►N All EI V's - It No Text M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Town & Country Furniture, Shelburne Road Date: June 10, 1986 1. Any new planting should be done outside of the street rights of way. The street will be widened and sidewalk is expected to be constructed along right of way line and the existing trees will most probably have to be removed. 2. Snow plowing of driveway along north side of building will require the snow to be plowed on to adjacent property. This is o.k. because there is a drainage swale there, but an agreement to do this should be obtained from the adjacent owner. 3. Existing growth along the northerly line and to the rear is brush. Plan is not clear as to what will be done with this brush. #Out4 +Nurlington Hire Department 575 Dorset #treet *nut4 Nurlingtnn, Vermont 954D 1 SOUTH BURLINGTON 575 DORSET STREET SOUTH BURLINGTON, Deat Commiszion, PLANNING COMMISSION VERMONT 05401 OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863.6455 The 6iAe department reviewed the ptan4 Got the addittion to the Town & Country Eutniture .6tote. At thi4 time my onty concern is the hydrant zyztem in that area. The total zquat footage o6 the building i4 21,030 zq. 6t. with the addition and zhoutd have at Zeazt two hydrants. The only hydtLant which iz u6abte 6or the 6i,te department iz .located on Shetbutne Road and Gteen Mountain Dtive. I{ one hydrant was instatted on the Town & Country ptopetty by the drove way I do not see a ptobtem with the project. Thete mutt be a water main on the property because the building haz a zprLinktet 6yztem. With mote information on the water zyztem i6 the main iz Zatge enough we may beabte to put a hydrant in and heap keep the cost down 4ot the owner. At this time I would titre to thank you Got your zuppott in ttying to make South Buttington a za6e community to work in. 16 you have any queztionb pteaze beet free to caU me. incetef-yr_) 6a'me,s W. Goddette St. Chief To: South Burlington From: Jane B. Lafleur, M E M O R A N D L' M Planning Commissi.oi City Planner 1Y ` Re: June 10, 1986 agenda items Date: June 6, 1986 NOTE: It is interesting to note that we are beginning to see applications for back yard subdivisions or in -filling. Both the Fissette and Barnes applications are legal subdivisions of deep lots and seem to be the first we have seen. 2) FISSETTE, TWO LOT SUBDIVISION, 10 SHUNPIKE ROAD Mr. & Mrs. Fissette propose to subdivide their property into two lots of 11,479 square feet, with an existing house and 33,085 square feet for future development.. There are no significant issues or problems. See Bill Szymanski's memo. . 3) BARNES, TWO LOT SUBDIVISION, 27 MEADOW ROAD. Mr. Barnes proposes to subdivide his property of 24,000 square feet. into two lots of 12,000 square feet each. The property has 100 feet of frontage on Meadow Road. An existing, house and garage occupies the front of the property. The second lot will be located behind this house. -Access to this net, lot. is through a proposed twenty foot. right. -of -way as allowed under Section 19.20 of the Ordinance. This access• mui;t b(= secured by a permanent. legal agreement and a wai.ve;, of City maintenance must he recorded. The proposed lot; is large enough for- a duplex. To c,oi)striiet the access and the net: duplex several. trees will be moved to a net: location. Three apple trees, a lilac, a mountain ash, a Line tree and a f.'1_ower:i ng bush will be removed. See Bill Szymanski's comments. 4 )CLASII, ADDITION, 1515 SHELBURNE ROAD Mr. Lash proposes to construct a 5090 square foot addition to the Town and Country Furniture building. The lot is being enlarged by annexing a strip of land 50 feet in width along the northern boundary and 25 feet in width along the western boundary from the Pomerleau property. (see tax map) The Zoning Board granted a variance since this is a nonconform- ing structure and the addition exceeds the maximum building coverage. The permitted building coverage is 30%. The existing 1 I -- is 40%; the proposed is 36%. The total lot coverage also exceeds 70%. It, js my understanding the Planning Commission can only address the'issues of access, circulation, parking, landscaping, traffic and total coverage. I am expecting to receive new plans prior to the meeting since there are some deficiencies on the plans submitted. Access: Access remains from two curb cuts on Shelburne Road. The island will be lengthened approximately 44 feet and the northern driveway will be moved north. I suggest that the southern curb cut should be closed. All trucks enter at the northern driveway and circulate to the loading dock at the rear of the building. Customers can easily use the reconstructed northern driveway. Circulation: Circulation is provided on three sides of the building with a connection to the property to the south in the back. The proposed addition is located 1.9 feet from the property line at the tightest part. Parking: Twelve parking spaces are provided for customers and employees in the front of the building. If the southern driveway is closed, there will be room for additional parking if it is needed. Trucks load and unload at the rear. A no -parking area is located along the front of the building. The parking spaces should be depicted on the plan. Landscaping: The $100,000 addition requires $3000 in net: landscaping. Two new trees are proposed within the State right- of-way in the enlarged median. I am expected to receive new plans prior to the meeting depicting landscapin-a and parking. Traffic: This 53,350 square foot lot allows 60 trip ends during the peak hour. A furniture store of.' this size provides only 2 trip ends during the peak hour of Shelburne Road. Lot Coverage: I suggest. that. Mr. Lash Landscape more of the front yard and the rear of the property to hr_in-oo' the lot coverage closer to conformance. I expect to have accurate ].ot coverage figures available at the meeting. Other: See Bill Szymanski's and Jim Goddette's comments. 5) HANDY, 44 HINESBURG ROAD Mr. Handy proposes to convert the existing house to office/commercial space. It is located nett to th,� Graceys/liquor store property, across from the Grand Union. The property is zoned C-1. Access: Access will remain from the existing 10 foot wide driveway on Hinesburg Road. Circulation extend the parking lot. and Parking: The existing garage will be removed to driveway to the rear of the property to a new gravel Six new parking spaces are shown in the back yard. 2 June 6, 1986 Nathaniel and Millicent Lash 1515 Shelburne Road South Burlington, Vermont 05401 Re: Lash, Town & Country Addition Dear Mr. Lash: Enclosed are the agenda and my memo to the Planning Commission. Also enclosed is the City Engineers memo. Please be sure to submit revised plans to me by Tuesday morning depicting parking, landscaping, lot coverage etc. so that we may proceed with your plan Tuesday night. Please be sure someone is present on Tuesday, June 10, 1986 at 7:30 P.M. to represent your request. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encl M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: June 10, 1986 agenda items Date: June 6, 1986 2) FISSETTE, SHUNPIKE ROAD 1. New driveway will require a pipe culvert. 3) BARNES, MEADOW ROAD 1. There should be at least a 5 foot grassed area between driveway and south property line for snow storage. 2. Sewer allocation must be approved by the City of Burlington. 3. It may be difficult to sewer this lot to the Meadow Road sewer main which is shallow, this should be checked. 4) TOWN AND COUNTRY FURNITURE, SHELBURNE ROAD 1. Plans are incomplete, should show parking, driveway, drainage etc. 5) OFFICE BUILDING, HINEBURG ROAD 1. Parking lot shall be graded so tht it drains toward the north-west. MEMO TO: Jane Lafleur, Planning Commission FROM: Susan Messina, Water Dept. DATE: July 1, 1986 RE: Nat Lash's Proposed Addition to Town & Country I have talked to Mr. Lash several times, both on the phone and on site, regarding his addition and the possibility of this project interfering with an existing 8" AC distribution main. The last time I talked to him (last Thursday) on site, he had staked out the actual location of the proposed building and it will definitely be within this Department's easement in some places; the lot I have been told is irregular in shape. I asked him to bring in a surveyed drawing of the proposed project indicating the easement, etc. for review by the Board of Water Commissioners; which I do not have as of this date. In this in- stance, the Water Commission will need to become involved in the approval process. If I can be of any further assistance in this matter, please do not hesitate to call. IIIQI�SIo 5ue IVIL�-��.. — POMPRLFAU Novmeber 15, 1985 Mr. Nat Lash Town & Country Furniture 1515 Shelburne Road So. Burlington, VT 05401 Dear Mr. Lash: Enclosed is an accurate survey that we requested. The heavy line is the accurate one. I was told that you consider this a laughing matter, I consider this a serious matter as I have told you many, many times before that your building was on my land. A similar situation happened to me in reverse on Hinesburg Road, no one was aware of the line differences as the deed was given to someone in the late 1800's and this particular property I bought had been sold three time previous to me. I will show you the prints of that also when I meet with you. Let's get together next week. Very tru1y;/y , 'B: Po eau n of Oe Board Ps. I see you ignored my request and kept on building. Also please check the rear line. You don't own the land where you told Dick Ward you did. Also let's check your right-of-ways. cc: Richard Ward ABP/nl b Pomerleau Real Estate Co. P. O. Box 6, 69 College Street Burlington, Vermont 05402 802/ 863-2841 November 19, 1985 Mr. Antonio Pomerleau Pomerleau Real Estate Company P.O. Box 6 Burlington, Vermont 05402 Re: 1515 Shelburne Road Dear Tony: Thanks for mailing me a copy of your recent survey of the lot in question and your adjoining properties. Be advised that the City records support the result of the survey with regard to lot sizes. We have no records which indicate building locations. Having reviewed the survey, it is obvious that Mr. Lash's building is located on your property, plus the building no longer meets minimum dimensional requirements. We would no longer allow any further development of the lot with- out approval by the Zoning Board of Adjustment and the Planning Commission. The recent new brick facade is in conformance to the City's zoning regulations. Regarding the issue of property lines and building location this matter was discussed with the City Attorney who agrees that this is very serious. However, the City does not get involved in property line disputes, this becomes a civil matter only to be resolved by Mr. Lash and yourself. This office will keep a copy of the survey on file should any agreements be reached by the parties involved. A new plan should be recorded. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/ 1T,cP cc: Mr. Nat Lash