HomeMy WebLinkAboutBATCH - Supplemental - 1840 Spear StreetSTEVEN F. STITZEL
PATTI R. PAGE'
ROBERT E.FLETCHER
JOSEPH S. MCLEAN
TIMOTHY M. EUSTACE
AMANDA S. E. LAFFERTY
('ALSO ADMITTED IN N.Y.)
Mark G. Hall,
Paul Frank +
PO Box 1307
STITZEL, PAGE & FLETCHER, P.C.
ATTORNEYS AT LAW
171 BATTERY STREET
P.O. BOX 1507
BURLINGTON, VERMONT 05402-1507
(802) 660-2555 (VOICEITDD)
FAX (802) 660-2552 or 660-9119
W W W.FIRMSPF.COM
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WRITER'S E-MAIL (ALAFFF'ERTYQFIRMSPF.COM)
WRITER'S FAX (802) 660-2552
February 7, 2007
Esq.
Collins P.C.
WILL S. BAKER
Burlington, VT 05402-1307
Re: South Village
Docket Nos. 111-5-06, 27-2-06, 74-4-05, 116-5-06, 196-8-06
Vtec
Dear Mark:
In connection with the above -referenced matters, enclosed
please find true and correct copies of your cover letter dated
January 18, 2007, the Consent Decree and Order and Exhibits A and
B, the originals of which were placed in the mail today for
filing with the Environmental Court along with Exhibits C and D.
By this letter, I also copied everyone listed below and leave it
for you to copy all remaining individuals listed on your cover
letter dated January 18, 2007.
Please call with questions.
Enclosures
cc: Juli Beth Hinds
Jon Anderson, Esq.
John H. Hasen, Esq.
Scot L. Kline, Esq.
son07-017.cor
Thank you.
Sincerely,
Amanda S. E. Lafferty
PAUL FRANK + COLLINS P.C. MarkG. Hall
mhall@PFC/aw.com
January 18, 2007
Hon. Thomas S. Durkin
Vermont Environmental Court
2418 Airport Road, Suite 1
Barre, VT 05641-8701
Re: Consent and Order Decree - In re South Village
Dk. Nos. 111-5-06; 27-2-06; 74-04-05; 116-5-06; 196-8-06Vtec
Dear Judge Durkin:
I enclose a proposed Consent Decree and Order, which resolves all of the above -referenced
appeals. The Consent Decree and Order is the product of long and active negotiation between
the primary stakeholders, which included South Village LLC, the Vallees, the City of South
Burlington, the State of Vermont, Mr. Cypes and Mr. Wetzel. This proposed final Order is
delicately balanced to meet the needs of all and the goals of the city, state and federal rules and
regulations governing developments such as South Village. In addition to substantive
concessions by all parties, the Order does require the Court to vacate its interim Decision of
Pending Motions, dated July 6, 2006, and Motion To Reconsider, dated September 14, 2006, in
Docket Number 74-4-05. This action is necessary to allow the settlement to occur and avoid
additional litigation and appeals.
On behalf of the parties, I would like to thank the Court for its patience and assistance in this
long settlement process. We are all available for a conference if the Court has any questions or
comments.
Cordially yours,
PAUL FRANK + COLLINS P.C.
Z4,_ �
Mark G. Hall
Enclosures
cc w/enc.: Jon Anderson, Esq.
Amanda S.E. Lafferty, Esq.
Scott Kline, Esq.
Mitchell Cypes
Dan Wetzel
David Scheuer
John H. Hasen, Esq.
521259 vl:8346-00005
ATTORNEYS AT LAW I www.PFC/aw.c
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0
A Member of TerraLex@ The Worldwide Network of Independent Law Firms
STATE OF VERMONT
ENVIRONMENTAL COURT
Docket Nos.:
IN RE: APPEAL of SKIP & DENISE ) 27-2-06 Vtec
VALLEE ) 111-5-06 Vtec
116-5-06 Vtec
74-4-05 Vtec
196-8-06 Vtec
Consent Decree & Order
The parties to the above -referenced appeals, SOUTH VILLAGE, LLC, R.M. "SKIP"
VALLEE, DENISE VALLEE, THE CITY OF SOUTH BURLINGTON, and THE STATE OF
VERMONT AGENCY OF NATURAL RESOURCES ("ANR"), have stipulated to this Consent
Decree and Order (the "Consent Decree"). Based upon the agreements and the stipulation of the
parties to the above -referenced appeals, it is hereby ORDERED and ADJUDGED as follows:
I. Within five days of acquisition of lands upon which the Project (as defined
below) is to be constructed, South Village LLC shall record a restrictive easement
providing for the following:
No Development Area. Except as provided in this paragraph, no housing units or other
above -ground structures shall be erected within the "No Development Area" shown on
Exhibit A. Subject to any applicable ANR permitting requirements, this paragraph shall
not prevent the following activities in the No Development Area: (1) the placement and
use of the recreational path, as shown on Exhibit A, to be located as shown on Exhibit A
or such other location as may be agreed to by the R.M. "Skip" Vallee or Denise Vallee
(the "Vallees") in writing and approved by the South Burlington Development Review
Board; (2) the placement of underground utilities, which includes stormwater systems,
and any above ground infrastructure (such as utility cabinets), to the extent necessary to
service the underground utilities and to the extent the same do not exceed the typical
height or size for such structures; (3) the use of the No Development Area for ingress and
egress to other portions of the project described herein (the "Project') by random
pedestrians and hikers and as reasonably necessary during maintenance and construction
of the Project; and (4) maintenance of the No Development Area as may be, and to the
extent, reasonably necessary (A) to implement with "South Village, a Conservancy
Community Ecological Restoration and Management [Program], South Burlington,
Vermont," dated December 17, 2004 by Applied Ecological Services, Inc.; (B) to comply
with any regulatory or legal requirement; (C) to remove from land vegetation that South
Village LLC reasonably determines to create a danger of injury to persons or property;
and (D) for emergency access.
Limited Development Corridor. Except as provided in this paragraph, no housing units
or other structures shall be constructed within the "Limited Development Corridor"
shown on Exhibit A. The restrictions of this paragraph shall not prevent the following in
the Limited Development Corridor: (1) the placement and use of the recreational path, as
shown on Exhibit A, to be located as shown on Exhibit A or such other location as may
be agreed to by the Vallees in writing and approved by the South Burlington
Development Review Board; (2) the placement and use of (i) a single through -road of a
width no greater than 26 feet (curb to curb), including shoulders, as well as underground
utilities, provided that such through -road shall be within 60 feet of the proposed road
labeled as "Allen Road East" shown on Exhibit A and (ii) a single access road to the so-
called "Northwest Pod of Phase 3" (as shown on Exhibit A) with a curb to curb width of
no more than 26 feet, including shoulders, and within 60 feet of the proposed road
labeled as "Stafford Street" (as shown on Exhibit A); (3) the placement of underground
utilities, which includes stormwater systems, and any above ground infrastructure (such
as utility cabinets), to the extent necessary to service the underground utilities and to the
extent the same do not exceed the typical height or size for such structures; (4) use of the
Limited Development Corridor for ingress and egress to other portions of the Project by
random pedestrians and hikers and as reasonably necessary during maintenance and
construction of the Project; and (5) maintenance of the Limited Development Corridor as
may be, and to the extent, reasonably necessary (A) to implement the "South Village, a
Conservancy Community Ecological Restoration and Management [Program], South
Burlington, Vermont," dated December 17, 2004 by Applied Ecological Services, Inc;
(B) to comply with any regulatory or legal requirement; (C) to remove from land
vegetation that South Village reasonably determines to create a danger of injury to
persons or property; and (D) for emergency access. As a further condition to any
development (including the construction of any road in the Limited Development
Corridor), street trees shall be planted on either side of such road at reasonable intervals
subject to approval by the South Burlington Development Review Board.
Further Limitations on Phase 3. No more than six total lots, with six total primary units,
will be constructed in the so-called "Southwest Pod of Phase 3" (as shown on Exhibit A),
with three of those six lots being located on each side of the planned road running
through the Southwest Pod of Phase 3 in the locations shown on Exhibit A. The
maximum height of the buildings to be constructed on such lots shall not exceed thirty-
one feet from the finished first floor of the buildings (which finished first floor shall be at
or near grade) to the top of the buildings' ridgelines, customary flues, vents and television
antennae excepted. The locations of the six building lots in the Southwest Pod of Phase
3, which are located in the immediate vicinity of where lots numbered two through six
were identified on previous Project plans, are marked as "S" on Exhibit A. Two of these
lots border the Limited Development Corridor and that the placement of these lots and
the buildings abutting the Limited Development Corridor shall not be considered a
violation of the restrictions otherwise applicable to the Limited Development Corridor, as
further described in the immediately preceding paragraph. No more than three primary
residences shall be constructed on each side of the road in the Southwest Pod of Phase 3
and all construction in Phase 3 shall comply with the height restrictions as set forth in the
City of South Burlington Land Development Regulations (the "Zoning Regulations")
existing on the date hereof and all Accessory Residential Units shall comply with the
requirements set forth in the Zoning Regulations, Section 3.10E existing on the date
hereof.
2
II. Any recreational path located in the No Development Area or the Limited
Development Area shall be located as shown as on Exhibit A and Exhibit B or such other
location as may be agreed to by the Vallees in writing and approved by the South
Burlington Development Review Board. To the extent Exhibit A and Exhibit B are
inconsistent, the locations shown on Exhibit B shall be controlling. Any municipal
recreational path running in a generally north -south direction on lands abutting that are
owned by the Vallees shall not be constructed within 130 feet of the property owned by
the Vallees.
III. The "Decision" portion of the South Burlington Development Review Board
Order, dated February 10, 2006, to approve Master Plan Application #MP-04-01 (the
"February 10, 2006 Decision") is amended as follows:
A. Line 5 is amended to read "#MP-04-01 is hereby approved subject to the
Consent Decree which is controlling and the following conditions."
B. After the following:
a. Phase 1: Village Center: This phase of the Master Plan, as
proposed through this application, is approved as a
development area.
b. Phase 2: Fields Edge: This phase of the Master Plan, as
proposed through this application, is approved as a
development area.
C. Phase 3: The Ridge: This phase of the Master Plan, as
proposed through this application, is approved as a
development area.
the following is inserted: "The developable areas in each of Phases 1, 2,
and 3 are as shown on Exhibit C attached to the Consent Decree, which
shall be the approved Master Plan to which the Decision refers."
C. Condition 23 is modified to read as follows:
"23. The Recreation Path in Phase 3 (the Ridge Neighborhood) shall be
constructed when foundations and building -related site work are substantially
completed for the buildings on the southern -most lots in Phase 3. Surety for
completion of this portion of the Recreation Path shall be provided at the issuance
of the zoning permit for the 1851h market -rate unit."
IV. The "Decision" portion of the South Burlington Development Review Board
Order, dated May 3, 2006, to "approve Final Plat Application #SD-05-92 (the "May 3,
2006 Decision") is amended as follows:
A. Condition 2 is deleted and the following is inserted in its place:
"This project shall be completed as shown on the plat entitled
Exhibit D attached to the Consent Decree."
B. After the following numbers — 3, 4, 5, 7, 9, 10, 11, 13, 14, 15, 16, 17, 22 —
and before the text of each condition, the following is inserted:
"In accordance with the Consent Decree which shall be
controlling".
C. The following is added to Condition 17: "The conveyances described in
such legal documents shall be subject to the terms and conditions of the
Consent Decree."
D. Condition 26 is amended to insert after "The final plat plan" the words "as
modified by the Consent Decree".
V. Except as modified by Paragraphs I, II, III and IV of this Consent Decree, the
February 10, 2006 Decision and the May 3, 2006 Decision shall be in full force and
effect.
VI. The District Four Environmental Commission's August 3, 2006 Findings of Fact,
Conclusions of Law and Order #4C1160 ("August 3, 2006 Order") is hereby vacated and
reversed with respect to the Commission's conclusion of law with respect to Act 250
Criterion 1 [G] that the May 1, 2006 CUD and the Project do not comply with Criterion
1 [G] (wetlands). The August 3, 2006 Order is also hereby vacated and reversed with
respect to its conclusion of law that the Project does not comply with Criterion 10
(municipal plan). Docket No. 196-8-06 Vtec is remanded to the District Four
Environmental Commission for a finding that the May 1, 2006 CUD and the Project, as
modified herein, complies with Act 250 Criterion 1 [G] addressing wetlands and Criterion
10, addressing the municipal plan.
VII. The Conditional Use Determination No. 2001-274 issued by the State of Vermont
Agency of Natural Resources, Department of Environmental Conservation (VTDEC),
dated May 1, 2006 (hereinafter the May 1, 2006 CUD) shall remain in full force and
effect, except as amended to reflect certain descriptive and ministerial amendments which
shall be set forth by VTDEC in a letter of amendment which shall be attached to the May
1, 2006 CUD and made part thereof. Docket No. 116-5-06 Vtec is therefore remanded to
VTDEC for issuance of a letter amendment to the May 1, 2006 CUD which reflects the
following stipulated facts:
(A) Pursuant to the Settlement Agreement, dated , 2006,
among R.M. "Skip" Vallee, Denise Vallee and South Village,
LLC, the Applicant has proposed amendments to the May 1,
2006 CUD which VTDEC has determined, and which all parties
hereto hereby stipulate, result in less impacts to the subject
wetlands than the original proposal approved by VTDEC;
(B) Such changes reflect an overall density reduction in Phase
III, a reduction of units in Phase III, and the relocation of some
units to Phase II of the development;
(C) Overall impacts to Class Two wetlands remain unchanged
from the original approved proposal (19,844 sq ft) with a slight
4
reduction of buffer impacts (170 sq ft less than the original
proposal);
(D) The changes reduce the overall footprint of the development
in Phase III, reduce the number of people living in the Phase III
development, and increase the buffers between the development
and the Class Two wetlands; and,
(E) VTDEC has accordingly found that the proposed
amendments will not result in an undue adverse effect to any of
the functions provided by the Class Two wetland complex on
the subject property.
IX. Docket No. 196-8-06 Vtec is remanded to the District 4 Environmental
Commission for issuance of master plan approval in accordance with the South Village's
application, as modified by this Consent Decree and Order and the attached Plans,
Exhibits A-D.
X. This Court's Decision on Pending Motions, dated July 6, 2006, in Docket No. 74-
4-05, and Decision on Appellee -Applicant's Motion to Reconsider and Amend, dated
September 14, 2006, Docket No. 74-4-05, are hereby vacated and shall have no force or
effect.
XI. This Order constitutes a full and final resolution of all appeals in the above -
captioned appeals, which, subject to compliance with terms of this Order, are hereby
terminated with prejudice. The intent of this Order to provide South Village, LLC with
such zoning and Act 250 permits and wetlands conditional use determinations as it has so
far applied for as necessary to enable construction in accordance with this Consent
Decree and Order. Notwithstanding the foregoing, in any future proceeding brought
pursuant to the reopening language contained in paragraph 8 of the Settlement
Agreement, dated , 2006, among R.M. "Skip" Vallee, Denise Vallee and South
Village, LLC, between South Village, LLC including its successors and assigns, and
either R.M. "Skip" Vallee or Denise Vallee or both, including each of their heirs,
successors and assigns, none of the findings issued in any proceeding appealed in this
docket shall be referred to or admitted as evidence either to interpret this Order or to
support approval or disapproval of future proposals, if any.
XII. The State of Vermont and ANR maintain continuing jurisdiction over the Project
with respect to the terms and conditions of the May 1, 2006 CUD, and may at any time
order remedial measures be taken if it appears likely that adverse impacts to protected
wetland functions and values will occur, and to assure future compliance with all statutes,
rules and regulations applicable to the facts set forth in the May 1, 2006 CUD, or any
amendment(s) thereto. Nothing herein relieves the Applicant of the responsibility to
comply with any other applicable federal, state and local laws, regulations and permits.
So ORDERED and ADJUDGED at Berlin, Vermont, this _ day of January, 2007
The Honorable Thomas Durkin
5
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
Date: + + a L>o b _� BY: VA —
Mark G. Hall, Esq.
PO Box 1307
Burlington, VT 05402-1307
CITY OF SOUTH BURLINGTON
BY: STITZEL, PAGE & FLETCHER, P.C.
Date: p Z/ D L/ o-7 BY: df
Amanda S.E. Lafferty, Esq.
PO Box 1507
Burlington, VT 05402-1507
Date:
Date:
521337 v1:8346-00005
SKIP AND DENISE VALLEE
BY: BURAK ANDERSON & MELLONI, PLC
BY:
Jon T. Anderson, Esq.
PO Box 787
Burlington, VT 05402-0787
STATE OF VERMONT, AGENCY OF
NATURAL RESO
BY:
L. Lucas, Esq.
C
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P.O. BOX 485 SHELBURNE, VT 05482
802-985-2323 FAX: 802-985-2271
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/ November 22, 2006 �' )
BURAI ANDERSON
MELLONI PLC
Counsellors at Lase
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Enclosed Service List
Michael L. Burak'
Gateway Square • 30 Main Street
Jon Anderson
Post Office Box 787
Thomas R. Melloni'
Burlington, Vermont 05402-0787
Michael B. Rosenberg'
Phone: 802 862-0500
Shane 1V McCormack-f
Fax: 802 862-8176
IV. Scott Foveil 0
wwnvxtlawl.eom
Anja Freiburg
",Uso admitted in New York
•,Uso admitted in the District of Columbia
$Also admitted in Massachusetts
°Also admitted in Connecticut & Pennsylvania
February 23, 2006
Re: Appeal of Vallee; Environmental Court Docket No.
Dear Interested Party:
Enclosed is a copy of a Notice of Appeal filed on February 14, 2006 in the above -
referenced case. Please note that you have twenty days from receipt of this letter to request to be
a party to this case. You should send your request to be a party to the case to the Vermont
Environmental Court, 2418 Airport Road, Suite 1, Barre, VT 05641-8701, (802) 828-1660.
Very truly yours,
JTA\alb
Enclosure
cc: Mr. Ray Belair, Administrative Officer, City of South Burlington (via certified mail,
return receipt requested)
S:\Client Matters\72835\Letters\jta interested parties3.doc
SERVICE LIST
APPEAL OF VALLEE
Environmental Court Docket No.
Dave Marshall
Michelle Holgate
CEA
South Village Comm., LLC
928 Falls Road
70 South Winooski
P.O. Box 485
Burlington, VT 05401
Shelburne, VT 05482
Mark Hall, Esq.
David Scheuer
Paul, Frank & Collins
70 South Winooski Avenue
1 Church Street
Burlington, VT 05401
P.O. Box 1307
Burlington, VT 05402
Ed Darling
Bill Cimonetti
26 Barrett Street
1393 Spear Street
South Burlington, VT 05403
South Burlington, VT 05403
Joe Larkin
Annalisa Parent
23 Pinnacle
The Other Paper
South Burlington, VT 05403
1340 Williston Road
South Burlington, VT 05403
Bill Hoadley
Sky Barsch
281 Woodbine Road
c/o The Burlington Free Press
Shelburne, VT 05482
191 College Street
Burlington, VT 05401
Bob Bouchard
Dan Senecal-Albrecht
Pizzagalli Properties
Chittenden County Regional Planning
50 Joy Drive
Commission
South Burlington, VT 05403
30 Kimball Avenue, Suite 206
South Burlington, VT 05403
SAClient Matters\72835\Legal\SERVICE LIST.appeal of vallee.doc
STATE OF VERMONT
ENVIRONMENTAL COURT
-------------------------------X
IN RE: APPEAL OF SKIP AND DENISE Environmental Court
VALLEE Docket No.
-------------------------------X
NOTICE OF APPEAL
NOW COME R.M. "Skip" and Denise Vallee ("Appellant"), by and through counsel,
Burak Anderson & Melloni, PLC, and appeal certain decisions by the City of South Burlington,
Vermont Development Review Board dated February 10, 2006 and attached hereto.
For purposes of this appeal, the Appellant's mailing address is c/o Jon Anderson, Esq.,
Burak Anderson & Melloni, PLC, P.O. Box 787, Burlington, VT 05402-0787.
The regulatory provisions applicable to this appeal are all provisions of the City of South
Burlington Zoning Regulations and 24 V.S.A., Chapter 117, as amended.
Dated: February 14, 2006. BURAK ANDERSON & MELLONI, PLC
Burlington, Vermont.
By: 9f ?�t
J n derson, Esq.
ttorneys for R.M. "Skip" and Denise Vallee
SAClient Matters\72835\legal\notice of appeal. drb2706.doc
;URAII ,ANDERSON
MELLONIPLc
COUNSELLORS AT LAW
GATEWAY SQUARE
30 MAIN STREET
POST OFFICE BOX 787
BURLINGTON,VERMONr
05402-0787
802 862-0500
CITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
SOUTH VILLAGE COMMUNITIES, LLC
MASTER PLAN APPLICATION #MP-05-02
FINDINGS of FACT & DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is seeking
Master Plan approval pursuant to Section 15.07 of the South Burlington Land
Development Regulations to amend a planned unit development consisting of: 1) a 334
residential unit traditional neighborhood design to include single-family, two-family, and
multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre
community -supported farm. The amendment consists of: 1) eliminating two (2) streets,
2) relocating a street to reduce wetland impacts, and 3) revising the lot layout resulting
from the street modifications, 1840 Spear Street. The Development Review Board held
a public hearing on February 7, 2006. Dave Scheuer and Dave Marshall represented the
applicant.
Master Plan approval for this property is required by Section 15.07(B)(1) of the South
Burlington Land Development Regulations as a prerequisite to the development of ten
(10) or more residential units in the Southeast Quadrant Zoning District (SEQ). A
technical correction was approved on August 16, 2005 to condition #21. The
Development Review Board held its final public hearing on the subject application on
February 7, 2006.
Based on testimony provided at the above mentioned public hearings and the plans and
supporting materials in the document file for this application, the Development Review
Board finds, concludes, and decides the following:
FINDINGS of FACT
This application consists of a Master Plan for a planned unit development
consisting of 334 residential units; a 100-student educational facility, and a 35-
acre community -supported farm, 1840 Spear Street.
2. The application is based upon a 24 page set of plans, page two (2) entitled,
"Master Plat Plans", prepared by Civil Engineering Associates, Inc., dated Aug
2004, last revised on 1/26/06.
3. The owner of record of the property is Paul Calkins.
4. The application was deemed complete pursuant to 15.07(3) of the Land
Development Regulations.
Master Plan Application
The following information was relied upon in making this decision, pursuant to Section
15.07(C)(3) of the Land Development Regulations:
a. An accurate Master Plan has been submitted.
b. The title block is "South Village — South Burlington, Vermont — Spear Street and
Allen Road."
c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks
Kiss; TND Engineering; LandWorks; and Applied Ecological Services, Inc.
d. A list of abutters was provided with the application and the names of abutters are
included on sheet C2.1 of the plans.
e. The Master Plan application and the plans referenced in (b) above include the
following information:
i. The combined area of the property subject to the Master Plan is
224.18 acres.
ii. The plan indicates that 58.3 acres (Phase 1: 25 acres; Phase 2:
18.2 acres; and Phase 3: 15.1 acres) are proposed for
development and 165.88 acres are proposed for open space.
iii. Public amenities and facilities indicated on the plans include public
streets, a public water system, a public sewer system; a public
stormwater drainage system, and a public recreation path.
iv. The maximum overall coverage proposed for the property is
13.9% (30% permitted). The maximum building coverage
proposed for the entire property is 5.5% (15% permitted).
v. The total number of residential dwelling units proposed by the
applicant for the entire property is 334, This total includes the 269
units yielded through the base density in the Southeast Quadrant
(1.2 units/acre), plus the 65 units yielded through the 25% density
bonus for providing mixed -rate housing, pursuant to Section 13.14
of the Land Development Regulations.
vi. The traffic study prepared by TND Engineering estimates a
maximum PM peak hour VTE count of 336.
vii. The sewer and water master plan is depicted on sheet C5.0 of the
plans and has been reviewed by the City Engineer, and the
Superintendent of South Burlington Water Department.
viii. The roadway and sidewalk details, including the proposed
hierarchy system, are outlined on sheets T4.1 though T4.6 of the
plans. The plans have been reviewed and by the Director of
Public Works.
ix. The existing conditions plans on sheet C2.1 of the plans depict 2'
contour intervals. Other sheets depict 5' contour intervals, which
are in compliance with this requirement.
x. The boundary survey for the property is depicted on sheet S1.0 of
the plans.
xi. The proposed northerly and southerly street intersections have
been staked in the field and have been designed to intersect
N
existing driveways and/or undeveloped lots along the westerly
side of Spear Street.
xii. The roadway waivers that the applicant is requesting are as
follows:
•. Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes provided that adequate clearances are provided for large vehicle
turning movements).
• Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' with parking on one side; and 24' with no striped parking (parking is
prohibited).
• Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180'
(25 mph).
• Minimum radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
• Minimum tangent length between curves for local streets from 100' to 50'.
• Minimum distance between centerline offsets for local streets from 200' to those
dimensions outlined below:
➢ C Street to D Street along F Street - 145'
➢ G Street to C Street along F Street - 150'
Y G Street to B Street along F Street - 145'
Y Common Lane (south) to E Street along E Street - 60'
Common Lane (south) to E Street along D Street - 86'
➢ Common Lane (north) to A Street along A Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
(25 mph posted speed). No waiver is requested for proposed street intersections
at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets (25
mph posted speed).
• Minimum horizontal (corner) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic. No waiver is
requested for proposed street intersections at Spear Street
3
• Minimum horizontal (corner) sight distance for local streets from 500' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic.
xiii. The Southeast Quadrant dimensional standard waivers that the
applicant is requesting are as follows:
• A Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
• Single-family front yard setback from 20' to 10'.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Multi -family front yard setback from 20' to 10'.
• Multi -family rear yard setback from 30' to 5'.
b. Proposed Development Areas in the Master Plan Application
The Master Plan application includes three (3) proposed development areas, as follows:
Phase 1: Village Center
156 units and a 100-student
school, southwesterly
portion of property.
Phase 2: Fields Edge
99 units, northwesterly
portion of property.
Phase 3: The Ridge
79 units, southeasterly
ortion of the property.
Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations,
Master Plans shall comply with the following standards and conditions:
1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is
available to meet the needs of the project in conformance with applicable State
and City requirements, as evidenced by a City water allocation, City wastewater
allocation, and/or Vermont Water and Wastewater Permit from the Department of
Environmental Conservation.
The City does currently have adequate water supply capacity to serve the proposed
project, which is estimated to demand 115,000 gallons per day. The Bartlett Bay
wastewater treatment facility currently has sufficient capacity to serve the proposed
project, which is estimated to generate 72,000 gallons per day. The City Wastewater
Ordinance has specific provisions to allow large-scale project to obtain wastewater
allocation permits during the approvals of specific phases of a Master Plan. Thus, the
applicant will obtain water allocation and wastewater allocation approval at each of the
4
three (3) proposed phases of this project, In addition, the applicant will obtain State
permits in conjunction with the approval of the three (3) phases of this project.
2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized during
construction and after construction to prevent soil erosion and runoff from
creating unhealthy or dangerous conditions on the subject property and adjacent
properties. In making this finding, the DRB may rely on evidence that the project
will be covered under the General Permit for Construction issued by the Vermont
Department of Environmental Conservation.
Individual preliminary and final plat applications will be evaluated for conformance with
this criterion and the provisions of Article 16 of the Land Development Regulations,
Construction and Erosion Control.
3. §15.18(A)(3) The project incorporates access, circulation and traffic
management strategies sufficient to prevent unreasonable congestion of adjacent
roads. In making this finding the DRB may rely on the findings of a traffic study
submitted by the applicant, and the findings of any technical review by City staff
or consultants.
The applicant submitted a traffic impact study prepared by TND Engineering, dated
through December 22, 2004. The applicant also submitted a traffic impact study
addendum, dated through December 22, 2004. Both of these documents were
submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil,
provided his finding on the proposed roadway design waivers in a memorandum dated
February 7, 2005. The specific traffic management strategies to control access and
circulation for the proposed project will be conditioned and implemented at each of the
three (3) phases of this Master Plan. John Dietrich provided his finding on the proposed
roadway design waivers in a memorandum dated February 4, 2005.
The Director of Public Works has been extensively involved in the review of this Master
Plan because of the significance of the public roadway waivers the applicant is
requesting. His comments are outlined in two (2) memorandums dated November 21,
2002 and September 7, 2004.
As part of the proposed amendments to the PUD, the applicant is proposing to install a
mini -roundabout at the intersection of the consolidated wetland road crossing and the
Village neighborhood. The applicant has stated that this will act as a traffic calming
device that deflects traffic away from the center of the Village neighborhood, keeping it
instead on the perimeter. Comments on the technical specifications of the roundabout
have been deferred to the Fire Chief and the Director of Public Works,
The Director of Public Works has stated that he will support the roundabout provided the
curbing is maintained in the roads which contribute to this roundabout. This curbing,
however, presents a possible challenge to emergency vehicles which need to cross this
intersection.
The Fire Chief has provided comments on the proposed roundabout in a letter dated
February 3, 2006. He has stated that given the five -inch height of the curbing, and the
tight turning radius, it will not be possible for the larger trucks to proceed through without
5
hitting at least two of the tree possible curbs, something which could possibly damage
the vehicles. At this time, his suggestion is to return to the concept of the four-way
intersection.
4. §15.18(A)(4) The project's design respects and will provide suitable protection
to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and
any unique natural features on the site. In making this finding the DRB shall
utilize the provisions of Article 12 of these Regulations related to wetlands and
stream buffers, and may seek comment from the Natural Resources Committee
with respect to the project's impact on natural resources.
The subject property has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The roadway
layout has been revised, per condition of the Agency of Natural Resources, to reduce
the wetland crossings from two locations to one. This has reduced the net impact into
the Class II wetland but increased the encroachment into the associated 50' buffer.
There are numerous Class III wetland and wetland buffer encroachments by buildings,
building envelopes, and roadways. The wetland impacts of the proposed master plan
are minimal relative to the surface area of wetlands on the subject property. The
applicant's wetland consultant, Art Gilman, submitted a memorandum dated June 4,
2004, addressing the criteria in Section 12.02(E) of the Land Development Regulations.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 80 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area.
The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated
June 2004, addressing the project's wildlife impacts.
The South Burlington Natural Resources Committee (NRC) reviewed the proposed
Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of
the applicant's wetland consultant's memorandum referenced above and the applicant's
wildlife study referenced above. In addition, the NRC visited the site with the applicant,
the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil
engineer, and other applicable parties. The NRC recommended approval of the
proposed Master Plan with the following conditions:
1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat
protection considerations;
2. phase in east -west roadway based on City need and/or project need;
3. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
4. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
5. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
6. no pesticide application;
7. no mowing in wetlands and/or their buffers;
8. disturbance of wetland vegetation should be limited to remediation activities;
9. no planting non-native species in wetlands or their buffers.
10. that the bridge crossings avoid the use of pressure treated wood.
The amendments proposed as part of th
Burlington Natural Resources Committee
recommendation, that the bridge crossings
their previous comments on the proposal.
> application were reviewed by the South
on January 5, 2006. They added one
avoid the use of pressure treated wood, to
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of
the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
7
significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic management, and community planning perspective.
5. §15.18(A)(5) The project is designed to be visually compatible with the planned
development patterns in the area, as specified in the Comprehensive Plan and the
purpose of the zoning district(s) in which it is located.
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant
District (SEQ) is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agricultural
use, and well planned residential use in the largely undeveloped area of the City known
as the Southeast Quadrant. The open character and scenic views offered in this area
have long been recognized as very special and unique resources in the City and worthy
of protection. The location and clustering of buildings and lots in a manner that in the,
judgment of the Development Review Board will best preserve the open space character
of this area shall be encouraged.
The proposed Master Plan is visually compatible with the planned development patterns
of the Southeast Quadrant. The buildings, building lots, and roads are clustered and
concentrated towards the westerly portion of the property, creating significant open
space areas in the central and easterly portions of the subject property. The more than
165 acres of open space preserved through this Master Plan will maintain the open
character of the area and will protect wetlands, woodlands, and wildlife habitat. By
eliminating the proposed units in the upper portion of Phase 3, the applicant has
increased the protection of wildlife habitat functions and natural resource on the
property.
The proposed Master Plan complies with the building height requirements for the Spear
Street — Allen Road Scenic View Protection Overlay District, as outlined in Section
10.03(F) of the Land Development Regulations. A total of 35 acres of the land within this
scenic overlay district will be devoted to a community -supported farm.
6. §15.18(A)(6) Open space areas on the site have been located in such a way as to
maximize opportunities for creating contiguous open spaces between adjoining
parcels and/or stream buffer areas.
The layout proposed through this Master Plan will preserve over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous open space corridors with the
properties to the south and north of the subject property.
7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire
Chief or his designee to insure that adequate fire protection can be provided, with
the standards for approval including, but not be limited to, minimum distance
between structures, street width, vehicular access from two directions where
possible, looping of water lines, water flow and pressure, and number and
location of hydrants. All aspects of fire protection systems shall be designed and
installed in accordance with applicable codes in all areas served by municipal
water.
The South Burlington Fire Chief reviewed the master plan to assess the proposed
roadway layout. His comments are included in a memorandum dated September 2,
2004. The Fire Chief will review the location of hydrants and other details related to fire
protection within each of the three (3) phases during the preliminary and final plat review
of each phase.
The Fire Chief has also reviewed the amended proposal. His particular interest in the
amended proposal is with the proposed rotary. He has expressed concern that the
ladder trucks may not be able to successfully mount the curbs.
8. §15.18(A)(8) Roads, recreation paths, stormwater facilities, sidewalks,
landscaping, utility lines and lighting have been designed in a manner that is
compatible with the extension of such services and infrastructure to adjacent
properties.
The general layout of the roads, recreation paths, and utilities is adequate to facilitate
the extension of such services to adjacent properties.
9. §15.18(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are
designed in a manner that is consistent with City utility and roadway plans and
maintenance standards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
The overall road layout and hierarchy system are adequate and have been approved by
the Director of Public Works and the Fire Chief. The overall recreation path layout was
reviewed by the South Burlington Recreation Path Committee and comments were
provided in memorandums from Tom Hubbard, the Director of the South Burlington
Recreation Department, dated November 2, 2004 and December 10, 2004. The
landscaping and utility details will be reviewed during the subsequent preliminary and
final plat stages of the individual phases.
10. §15.18(A)(10) The project is consistent with the goals and objectives of the
Comprehensive Plan for the affected district(s).
The proposed Master Plan is consistent with the following objectives for the Southeast
Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan:
a. Preserve and enhance the open character, natural resources, and scenic views
of the Southeast Quadrant, while allowing carefully planned development.
b. Maintain a rate, location, intensity, and timing of future development in the
Southeast Quadrant that is in accord with the physical characteristics of the land
and the availability of municipal services and facilities, and which is consistent
with the City's population growth objectives and land use recommendations.
c. Promote a variety of residential patterns and styles, including a fair share of
affordable housing, while preserving the special character of the Southeast
Quadrant.
Pursuant to Section 15.18 (B) of the South Burlinqton Land Development Regulations,
Master Plans shall comply with the following standards and conditions:
1. §15.18(B)(1) Open space and development areas shall be located so as to
maximize the aesthetic values of the property in keeping with the Comprehensive
Plan goal of preserving and enhancing the open character, natural areas, and
scenic views of the Quadrant, while allowing carefully planned development.
As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and
15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes
extensive open space and natural resource protection. The plan incorporates over 165
acres of dedicated open space, mainly in the central and easterly portions of the subject
property. The surface area and location of this open space will be integral to protecting
important natural resources, including wetlands, woodlands, and wildlife.
The Spear Street — Allen Road Scenic View Protection Overlay District overlaps a large
portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic
overlay district and indicates the maximum building height allowed within this scenic
overlay district, as outlined in Section 10.03(F) of the Land Development Regulations.
The proposed buildings conform to the height restrictions for the Spear Street — Allen
Road Scenic View Protection Overlay District. At the preliminary and final plat review
stages of each of the three (3) phases, the maximum building height of each lot shall be
indicated on the plans.
2. §15.18(B)(2) Building lots, streets and other structures shall be located in a
manner that maximizes the protection of the open character, natural areas, and
scenic views of the Quadrant identified in the Comprehensive Plan, while allowing
carefully planned development at the overall base densities provided in these
Regulations.
The proposed buildings, building lots, streets, and other structures have been designed
to create the open space areas discussed above, in response to Section 15.18(B)(1) of
the Land Development Regulations.
3. §15.18(B)(3) Existing natural resources on each site shall be protected through
the development plan, including streams, wetlands, floodplains, wildlife habitat
and corridors including those areas identified in the South Burlington Open Space
Strategy, and special natural and/or geologic features such as mature forests,
headwaters areas, and prominent ridges.
The wetland impacts of the proposed master plan are minimal relative to the surface
area of wetlands on the subject property. The applicant's wetland consultant, Art Gilman,
submitted a memorandum dated June 4, 2004, addressing the criteria in Section
12.02(E) of the Land Development Regulations.
As already noted, the Development Review Board invoked technical review of the
original wetland delineations performed by Art Gilman. The findings are outlined in a
memorandum from Shelley Gustafson, dated November 12, 2004.
10
The wildlife habitat impacts have already been addressed in this report. Again, the
applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated June
2004, addressing the project's wildlife impacts.
4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall
be designed and located to maximize the potential for combination with other
open spaces on adjacent properties.
The layout proposed through this Master Plan will create over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous space corridors with the properties to
the south and north of the subject property.
5. §15.18(B)(5) The conservation of existing agricultural production values on
lands in the SEQ is encouraged through development planning that avoids
impacts on prime agricultural soils as defined in the South Burlington Open Space
Strategy and provides buffer areas between existing agricultural operations and
new development, roads, and infrastructure.
There are no existing agricultural operations on the subject property. However, the
Master Plan includes a 35-acre community -supported farm, which will reinstate active
agricultural operations into the area.
6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be
established by the applicant describing the intended use and maintenance of each
area. Continuance of agricultural uses or enhancement of wildlife habitat values
in such plans for use and maintenance is encouraged.
The applicant submitted an open space management plan for the subject property. This
document is entitled "South Village — South Burlington, Vermont — Community Land
Management Plan", dated November 2004. In addition, the applicant submitted an
ecological restoration and management program plan, dated December 17, 2004. Steve
Apfelbaum, the author of the ecological restoration and management program plan,
submitted a follow-up letter dated February 1, 2005. This letter responded to questions
raised by members of the Development Review Board on January 4, 2005.
7. §15.18(B)(7) In the absence of a specific finding by the DRB that an alternative
location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned
public facilities as depicted on the Official Map, including but not limited to
recreation paths, streets, park land, schools, and sewer and water facilities.
The Proposed Master Plan is in compliance with the South Burlington Official Map,
which was last revised on February 14, 2004.
Other Applicable Criteria
1. § 9.08(B) In connection with approval of a PUD, the Development Review Board
may allow development activities in addition to t6ose authorized under Section
9.06(B) to occur in restricted areas or allow residential lots or portions of
residential lots to be located in restricted areas provided the Development Review
Board determines that such development activities are consistent with the intent
and purpose of the Southeast Quadrant District.
The subject property contains a number of "restricted areas". These "restricted areas"
were established to protect land for one (1) of the following reasons; to facilitate planned
roadways; to protect scenic views; or to protect wetland and other natural resources.
The proposed Master Plan does have buildings and building lots within these "restricted
areas". Phase 1, Phase 2, and Phase 3 all have development proposed in a "restricted
area" designated to facilitate planned roadways. The applicant has proposed a roadway
network through the property that connects Midland Avenue to Spear Street, in addition
to providing a means of access to the property to the north. Thus, the "restricted areas",
designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official
Zoning Map", are no longer necessary.
Phase 1 and Phase 2 have development proposed in a "restricted area" designated to
protect scenic views. Most of this "restricted area" overlaps the Spear Street — Allen
Road Scenic View Protection Overlay District. The applicant is following the building
height requirements for the Spear Street — Allen Road Scenic View Protection Overlay
District, as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
development in the "restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this "restricted area" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area"
designated to protect natural resources. The applicant originally proposed
approximately 65 units within a "restricted area" that the City has identified as a
potentially important wildlife habitat corridor. Per the request of staff and the
Development Review Board, the applicant removed most of these units, which
significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the
wildlife impacts in this area have been minimized and the nine (9) lots proposed within
the restricted area are acceptable. Staff notes, however, that significant landscaping will
be required in this area to further reduce the impacts of the proposed project.
Pa" rking
The Development Review Board should discuss the level of detail required for the parking
related to this project as part of this master plan reconsideration.
12
DECISION pp
Motion by &A �E- Q41PRhV seconded by kow
to approve Master Plan application MP-04-01, of South Villages Communities, L C, for
334 residential units, a 100-student school, and a 35-acre community -supported farm.
Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application
#MP-04-01 is hereby approved with conditions.
A. Decision with Respect to Master Plan Umbrella Criteria:
The Development Review Board approves the following Master Plan "umbrella criteria"
pursuant to §15.07(D)(3) of the Land Development Regulations:
a. Overall density and number of residential dwelling units: A
maximum number of 334 residential dwelling units are approved for a
total density of 1.5 units/acre. The base density in the Southeast
Quadrant of 1.2 units/acre yields a total of 269 units. The 25% density
bonus for providing mixed -rate housing, as determined by Section 13.14
of the Land Development Regulations, accounts for the additional 65
units.
b. Building and impervious coverage: A total building coverage of 5.5%
and a total impervious coverage of 13.9% are approved for the master
plan. These are overall limits for the entire South Village property subject
to this approval. Within the individual development phases, as described
and approved in this decision, these overall limits may be exceeded
provided the applicable Southeast Quadrant zoning district limitations of
fifteen percent (15%) for buildings and thirty percent (30%) overall are
met.
c. Location, layout, capacity and number of collector roadways: The
applicant shall present a collector roadway system that concludes in the
mutual satisfaction of the South Burlington Director of Public Works,
Engineer, and Fire Chief.
d. Land development proposed in any area previously identified as
permanent open space in the approved Master Plan application: All
areas not approved as development areas in this Master Plan are to be
utilized exclusively for open space use.
e. Maximum number of vehicle trip ends: A maximum of 336 PM peak
hour trip ends from all approved residential and non-residential uses is
approved for the South Village property.
B. Decision with Respect to Individual Development Areas — Proposed as Part
of this Master Plan Application:
a. Phase 1: Village Center: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
b. Phase 2: Fields Edge: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
13
c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through
this application, is approved as a development area.
CONDITIONS
The Development Review Board finds and concludes that the following conditions are
necessary for the Master Plan application to meet the City's requirements and standards
for approval:
1. This approval shall be for 269 units of market -rate housing, and 65 units of affordable
housing as defined in Article 2 of the South Burlington Land Development Regulations.
In no case shall a zoning permit be issued for more than 269 units of market -rate
housing.
2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development
Regulation, the Development Review Board requires each of the three (3) phases
included in this Master Plan to obtain separate preliminary plat approval and final plat
approval in accordance with Section 15.18 of the Land Development Regulations.
3. If the proposed 100-student school is not incorporated into Phase 1 of the Master
Plan, it shall be subject to site plan approval, pursuant to Article 14 of the Land
Development Regulations.
4. Any development on the agriculture component of this project that does not fall within
the State of Vermont's exemption shall be subject to Site Plan review, pursuant to Article
14 of the Land Development Regulations.
5. The preliminary plat and/or final plat plans for each of the three (3) phases included in
this Master Plan shall be reviewed by the South Burlington . Fire Chief, the
Superintendent of the South Burlington Water Department, the South Burlington Director
of Public Works, and the South Burlington City Engineer.
6. Any application for amendment of the Master Plan or preliminary plat plan that
deviates from the Master Plan in any one or more of the following respects shall be
considered a new application for the property and shall require sketch plan review as
well as approval of an amended Master Plan:
a) An increase in the approved building coverage or overall site coverage, or an
increase in the number of residential dwelling units for the property subject to the
Master Plan;
b) A change in the location, layout, capacity or number of collector roadways on the
property subject to the Master Plan;
c) Land development proposed in any area previously identified as permanent open
space in the approved Master Plan application;
d) A change that will result in an increase in the number of P.M. peak hour vehicle
trip ends projected for total buildout of the property subject to the Master Plan.
14
h
7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following
minor land development activities will not require Development Review Board approval
and may be undertaken pursuant to issuance of a zoning permit:
a) The addition of decks to dwelling units;
b) The addition of porches to dwelling units;
c) The enclosure of decks;
d) The addition of accessory structures,
Development Regulations;
e) Other minor land development activities
Officer.
pursuant to Section 3.10 of the Land
at the discretion of the Administrative
8. Pursuant to Section 15.07(D)(2) of the Land Development Regulations, no site plan
review will be required for the three (3) unit multi -family dwellings which are substantially
in compliance with the "typical" of these units included with each final plat plan for each
phase. Additionally, bicycle racks shall not be required for the buildings and landscape
bonding will be required.
9. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant
shall submit a plan for the management and maintenance of the dedicated open spaces
created through this Master Plan. The management and maintenance plans shall be
submitted to and approved by the Director of Planning and Zoning, prior -to final plat
approval for Phase 1 of this Master Plan. Any issues on which the Director of Planning
and Zoning seeks technical review shall be conducted at the applicant's expense.
10. The Master Plan shall be revised to show the following changes. Four (4) copies of the
approved revised plat plans shall be submitted to the Administrative Officer prior to
recording:
a) The plans shall be revised to reflect
proposed as part of this application.
b) The plans shall be revised to reflect
proposed development.
c) The roadway. plans shall be revisec
Engineer, Director of Public Works, an(
final plat.
the accurate lot and building coverages
the names/ designations of roads in the
to the mutual satisfaction of the City
Fire Chief, prior to the submission of the
11. All proposed public roadways in conjunction with this project shall be constructed
with a minimum design speed of 25 mph.
12. The construction of the roadway identified as "L Street" on the plans last revised on
December 23, 2004, shall begin at the time the zoning permit for the 185`h market -rate
unit is issued, and shall be substantially completed of the closing of the 205'h market -rate
unit or six (6) months, whichever is later. The amount of escrowed per unit shall be
$8100 per market -rate unit. The escrows shall continue through the sale of the 2051h
market -rate unit.
15
13. Affordable and Workforce units shall be exempt from Escrows for the completion of
Street "L". Thirty-three (33) of the "affordable" units (at or below 80% of median income)
shall meet the City and state requirements as to perpetually affordable.
14. The applicant shall install signalization at the intersection of Spear Street and Allen
Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in
Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans for signalization prior to construction.
15. The applicant shall construct southbound left -turn lane on Spear Street at the "Main
Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit
in Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans prior to construction.
16. The applicant shall construct the southbound left -turn lane on Spear Street at the
"North Entrance" of the project, prior to issuance of the last zoning permit for a dwelling
unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all
plans prior to construction.
17. The applicant shall construct southbound left -turn lane on Spear Street at the "South
Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in
Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans
prior to construction.
18. The applicant shall contribute the sum of $20,000 to the City of South Burlington to
be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic
calming measures on Midland Avenue. The City Council shall have sole discretion to
allocate these funds among the intersection upgrades and traffic calming measures.
19. The applicant shall have ninety (90) days from the expiration of all appeals to
execute a development agreement with the City Council, governing the timing and
disposition of required payments and any required sureties for roadway, intersection,
and infrastructure work.
20. The water infrastructure shall be constructed through to the existing infrastructure
terminus in Dorset Farms at the onset of Phase 1 (Village Center). The Superintendent
of the Water Department shall approve all specifications and plans for this infrastructure.
21. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1
(Village Center).
22. Phase 2 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to the issuance of the last zoning permit for a dwelling unit in Phase 2
(Fields Edge).
23. The Recreation Path in Phase III (the Ridge Neighborhood) shall be constructed
when foundations and building -related site work are substantially completed for the
buildings on the southern -most lots in Phase III. Surety for completion of this portion of
EEI,
the Recreation Path (from Phase 1 terminus of "D" and "E" Streets and running southerly
of the "Southern Connector" between Phase 1 and III to the eastern edge of Phase III, at
which point the path runs concurrent with Street "L") shall be provided at the issuance of
the zoning permit for the 185th market -rate unit.
24. Any temporary recreation paths, of any surface type which may be required by the
City shall be shown on the preliminary and final plat plans and be accompanied by an
agreement in which the City indemnifies the developer for liability in a form and manner
acceptable to the developer.
25. The applicant shall hire a full-time on -site construction inspector, to be paid for by the
applicant and approved by the Director of Public Works, prior to initiation of any
improvements on the site. The construction inspector shall be present throughout the
construction on these improvements. Any change to this condition shall require written
approval of the City of South Burlington, signed by the City Manager and the Director of
Planning and Zoning.
26. All sewage pumping. stations shall remain private and shall be maintained by the
homeowners association(s), unless otherwise determined by the Water Pollution Control
Superintendent and the Director of the Public Works.
27. The following components of the Master Plan shall be reviewed at the preliminary plat
and/or final plat stages of the individual phases:
a) Street lighting details
b) Street landscaping details
c) Curb -cut locations and details
d) Re-evaulation of traffic mitigation measures and implementation details
27. The Development Review Board approves the following roadway waivers from the
Land Development Regulations:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes" provided that adequate clearances are provided for large
vehicle turning movements).
• Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' in sections with parking on one side; and 24' in sections with no striped
parking (parking is prohibited along Section RD-50).
• Minimum centerline radius of curves for collector streets from 500' to 300'
(sections with 30 mph posted speed) or 180' (sections with 25 mph posted
speed).
• Minimum centerline radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
17
• Minimum tangent length between curves for local streets from 100' to 50'.
• Minimum distance between centerline offsets for local streets from 200' to the
dimensions specified below:
➢ C Street to D Street along F Street - 145'
➢ G Street to C Street along F Street - 150'
➢ G Street to B Street along F Street - 145'
➢ Common Lane (south) to E Street along E Street - 60'
➢ Common Lane (south) to E Street along D Street - 86'
➢ Common Lane (north) to A Street along C Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
with a 25 mph posted. speed. No waiver is requested for proposed street
intersections at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets with
a 25 mph posted speed.
• Minimum horizontal (corner) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic. No
waiver is requested for proposed street intersections at Spear Street.
• Minimum horizontal (corner) sight distance for local streets from 300' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic.
28. The Development Review Board approves the following waivers from the Southeast
Quadrant dimensional standards, as outlined In the Land Development Regulations:
• Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
• Single-family front yard setback from 20' to 10.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Multi=family front yard setback from 20' to 101
.
• Multi -family rear yard setback from 30' to 5'.
29. Any multi -family dwelling units (4 units and over) that the applicant does not include
in the preliminary and final plat review of any of the three (3) phases of the Master
Plan shall be subject to site plan approval, pursuant to Article 14 of the Land
In
Development Regulations.
30. Any future requests for waivers will be reviewed in conjunction with the site -specific
preliminary plat or final plat reviews for individual development areas.
31. Any changes to the final plat plans shall require approval of the Development
Review Board.
32. The Master Plan (sheets S1.0 and S1.1) shall be recorded in the land records within
90 days or this approval is null and void. The plans shall be signed by the Development
Review Board Chair or Clerk prior to recording.
Mark Behr —P�alay/abstain/not pr s tChuck Boltoa/nay/abstain/ resen
John Dinklage — ea/nay/abstain of presen
Roger Farley — ea/ y/abstain/not presen
Larry Kupferman —Oay/abstain/not present
Gayle Quimby — ay/abstain/not present
Matthew Birmingham—&nay/abstain/not present
Motion carried by a vote of S- o- 0
Signed this /D-"day of February, 2006, by
Mark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
ILA
CITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC
PHASE 1
PRELIMINARY PLAT APPLICATION #SD-05-92
FINDINGS of FACT AND DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is requesting
preliminary plat approval to amend a planned unit development of Phase 1 consisting of
156 residential units and a 100-student educational facility, of a 334 residential unit
project. The amendment consists of: 1) realigning the connector street to Phase III, and
2) revising the lot layout, 1840 Spear Street, The Development Review Board held a
public hearing on February 7, 2006. Dave Scheuer and Dave Marshall represented the
applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review. Board finds, concludes, and decides the following:
FINDINGS of FACT
1. The applicant is requesting preliminary plat approval to amend a planned unit
development of Phase 1 consisting of 156 residential units and a 100-student
educational facility, of a 334 residential unit project. The amendment consists of:
1) realigning the connector street to Phase III, and 2) revising the lot layout, 1840
Spear Street.
2. The owner of record of the subject property is Paul Calkins.
3. The subject property is located in the Southeast Quadrant (SEQ) Zoning District.
4. The plans submitted consist of a 25 page set of plans, page two (2) entitled,
"Phase I Subdivision Plat", prepared by Civil Engineering Associates, Inc., dated
Aug. 2004, last revised on 1 /27/06.
Zoning District & Dimensional Requirements
The dimensional standards outlined in Table C-2 of the Land Development Regulations
were altered though the Master Plan approval process for the subject property. The
approved waivers are outlined in the. decision and findings of fact for Master Plan #MP-04-
01. The proposed project (Phase 1) does not meet all of the dimensional standards
approved in the Master Plan. Specifically, the setbacks are not being met for several of the
properties. Furthermore, the setbacks listed on the cover sheet are not those approved as
part of the Master Plan.
As was discussed during the Master Plan reconsideration, the applicant had requested that
the preliminary and final plat reviews of each of the three phases be limited to single-family,
two-family, and three-family dwelling units. Thus, any buildings with greater than three
dwelling units, in addition to the school, will be reviewed under separate site plan reviews.
The Development Review Board approved this with the Master Plan approval. Therefore,
any buildings with greater than three dwelling units shall be removed from the plans that
are submitted for final plat approval.
The estimated value of the multi -family dwelling units would be used to calculate the
minimum required landscape value, which would have to be bonded for by the applicant.
The applicant is requesting that the proposed three-family dwelling units be treated in a
manner similar to two-family dwelling units. This would allow the applicant to simply depict
building envelopes for the three-family dwelling units, and obtain a zoning permit prior to
their construction. This request was approved during the Master Plan reconsideration on
7/19/05.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs
shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
The utility plans are depicted on sheets C6.0 through C6.9 of the plans.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations,
the existing public utility system shall be extended to provide the necessary quantity of
water, at an acceptable pressure, to the proposed dwelling units.
The South Burlington Water Department has been reviewing the plans on an ongoing
basis.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
The City Engineer has been reviewing the plans on an ongoing basis. His most recent
comments are listed in memorandums dated June 2, 2005 and February 3, 2006.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
The grading and drainage plans are depicted on sheets C5.0 through C5.5 of the plans.
The erosion control plans are depicted on sheets C7.0 through C7.10 of the plans. The
grading and erosion control plans were reviewed by the City Engineer.
-2-
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this project is proposed via a 48' wide pubic roadway directly across from
Allen Road and a 24' wide roadway approximately 1,260' south of Allen Road. Both of
these public roads access onto Spear Street and have a 60' wide right-of-way. They
feed into a public roadway network within the project boundaries. At this time, the
applicant is proposing to close the street network with two (2) cul-de-sacs: one (1) to the
north of the project and one (1) to the south of the project. These cul-de-sacs will only
be temporary, as the Master Plan, of which this project is Phase 1, depicts this public
roadway network extending to the north and to the east.
Circulation on this property appears to be adequate. The applicant is currently proposing
two (2) points of ingress and egress, and the master plan proposed two (2) additional
points of ingress and egress for the overall project. In addition, the master plan depicts
a right-of-way to the property to the north, which could facilitate an additional point of
ingress and egress in the future.
As part of the proposed amendments to the PUD, the applicant is proposing to install a
mini -roundabout at the intersection of the consolidated wetland road crossing and the
Village neighborhood. The applicant has stated that this will act as a traffic calming
device that deflects traffic away from the center of the Village neighborhood, keeping it
instead on the perimeter. Comments on the technical specifications of the roundabout
have been deferred to the Fire Chief and the Director of Public Works.
The Director of Public Works has stated that he will support the roundabout provided the
curbing is maintained in the roads which contribute to this roundabout. This curbing,
however, presents a possible challenge to emergency vehicles which need to cross this
intersection.
The Fire Chief has provided comments on the proposed roundabout in a letter dated
February 3, 2006. He has stated that given the five -inch height of the curbing, and the
tight turning radius, it will not be possible for the larger trucks to proceed through without
hitting at least two of the tree possible curbs, something which could possibly damage
the vehicles. At this time, his suggestion is to return to the concept' of the four-way
intersection.
The applicant submitted a traffic impact study prepared by TND Engineering, dated April
8, 2004. The applicant also submitted a traffic impact study addendum, dated June 17,
2004. Both of these documents were submitted to Fuss and O'Neil for technical review.
The specific traffic management strategies to control access and circulation for the
proposed project will be provided as they become available.
The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
This phase of the master plan overlaps some Class III wetlands and is adjacent to the
major Class II wetland on the property. There is no development proposed in the Class II
wetlands or its respective 50' buffer. However, there is encroachment into the Class III
wetland and/or their respective 50' wide buffers. The Natural Resource Committee
-3-
reviewed the proposed project on July 22, 2004 and recommended approval of the
preliminary plat plans with the following conditions:
1. phase in east -west roadway based on City need and/or project need;
2. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
3. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
4. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
5. no pesticide application;
6. no mowing in wetlands and/or their buffers;
7. disturbance of wetland vegetation should be limited to remediation activities;
8. no planting non-native species in wetlands or their buffers.
9. that the bridge crossings avoid the use of pressure treated wood.
The amendments proposed as part of this application were reviewed by the South
Burlington Natural Resources Committee on January 5, 2006. They added one
recommendation, that the bridge crossings avoid the use of pressure treated wood, to
their previous comments on the proposal.
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant
District (SEQ) is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agricultural
use, and well as planned residential use in the largely undeveloped area of the City
known as the Southeast Quadrant. The open character and scenic views offered in this
area have long been recognized as very special and unique resources in the City and
worthy of protection. The location and clustering of buildings and lots in a manner that in
the judgment of the Development Review Board will best preserve the open space
character of this area shall be encouraged.
In order to analyze this project's visual compatibility with the area, the entire master plan,
of which this project is phase 1, must be considered. The master plan is visually
compatible with the planned development patterns of the Southeast Quadrant. The
buildings, building lots, and roads are clustered and concentrated towards the westerly
portion of the property, creating significant open space areas in the central and easterly
portions of the subject property. The more than 132 acres of open space preserved
through this master plan will maintain the open character of the Southeast Quadrant and
will protect wetlands, woodlands, and wildlife habitat.
This project has five (5) lots that intersect the Spear Street — Allen Road Scenic View
Protection Overlay District. These lots shall comply with the building height restrictions
outlined in Section 10.03(F) of the Land Development Regulations. As long as these lots
comply with these height restrictions, the project will offer scenic view protection.
M
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
In order to analyze this project's open space areas, the entire Master Plan, of which this
project is Phase 1, must be considered. The layout proposed through this Master Plan
will preserve over 152 acres of dedicated open space, mainly in the central and easterly
portions of the subject property. The location of this open space will create contiguous
open space corridors with the properties to the south and north of the subject property.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The South Burlington Fire Chief has been reviewing the plans on an ongoing basis.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
All of the proposed infrastructure and services proposed for this project are consistent with
the infrastructure and services proposed in the Master Plan, of which this project is Phase
1. These services and infrastructure have been designed to facilitate extension to adjacent
properties.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicant shall submit proposed lighting details (cut -sheets) for the multi -family units
involved in Phase 1 of the project.
The proposed recreation path is depicted for the entire master -planned development, of
which this project is Phase 1. The Recreation Path Committee reviewed the recreation
path and provided comments in a memorandum from Tom Hubbard, dated December 10,
2004. The plans depicting the recreation paths, including their location and timing of
construction, have been approved as part of the Master Plan process:
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is consistent with the South Burlington Comprehensive Plan and the
South Burlington Land Development Regulations.
-5-
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations,
any PUD shall require site plan approval. Section 14.06' of the South Burlington. Land
Development Regulations establishes the followinq_general review standards for all site
plan applications:
The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movement, and adequate parking areas.
The proposed project accomplishes a desirable transition from structure to site and from
structure to structure. The site provides for adequate planting and safe pedestrian
movement.
According to Table 13-1 of the South Burlington Land Development Regulations, the
parking requirement for the proposed three-family dwelling units is 2.25 spaces per unit.
The level of detail required for the parking related to this project will be determined at the
Master Plan reconsideration. Specifically, the Development Review Board shall determine
at which stage to review the parking requirements for this project.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking plan for the residential units is in compliance with this requirement.
Without restricting the permissible limits of the applicable zoning district, the height
and scale of each building shall be compatible with its site and existing or adjoining
buildings.
The maximum height for buildings with a pitched roof is 40' from average pre -construction
grade. The maximum height for buildings with a flat roof is 35' from average pre -
construction grade.
In addition, five (5) of the proposed lots fall within the Spear Street — Allen Road Scenic
View Protection Overlay District. These lots shall comply with the building height
restrictions outlined in Section 10.03(F) of the Land Development Regulations. It has
already been stated that the plans shall be revised to indicate that maximum building
heights for these five (5) lots.
The elevations for the mullti-family buildings shall be reviewed as part of the site plan
review for each multi -family building.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
This criterion is being met.
Proposed structures shall be related harmoniously to themselves, the terrain, and to
existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
This criterion is being met.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb cuts
onto an arterial of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
It is not necessary for the Development Review Board to require any additional easements
for this project (Phase 1 of the Master Plan).
Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
Pursuant to Section 13.06(C)(1) of the South. Burlington Land Development Regulations,
any dumpsters and utility cabinets on the site shall be effectively screened to the approval
of the Development Review Board.
Landscaping and Screening Requirements
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping
and screening shall be required for all uses subject to planned unit development review.
The minimum landscape requirement for this project is determined by Table 13-9 of the
South Burlington Land Development Regulations. The costs of street trees are above and
beyond this minimum landscape requirement. The applicant must submit information on the
estimated buildings costs of the proposed three-family dwelling units and a landscape
budget indicating the value of the proposed landscaping. The applicant's landscape plans
for the proposed street trees are included on sheet L-2 of the plans. Sheets L-3, L-3a, and
L-3b show typical landscaping details for single-family, two-family, and three-family dwelling
7-
units. The City Arborist reviewed the proposed street tree plan and provided comments in
a letter dated August 11, 2004. He will continue to review the project.
Furthermore, as part of the Fire Chief's comments dated February 3, 2006, he stated
that the tree locations, as proposed in accordance with the South Burlington Land
Development Regulations, do not adequately allow for fire suppression or rescue
capabilities. He has asked that the Development Review Board grant a waiver to
address this issue.
While the Board supports an adjustment in the planting of street trees to better facilitate
emergency services, such an adjustment should be done with the consultation of the
applicant, staff, the Fire Chief and the city arborist.
ResfricfedAreas
This project has buildings and building lots proposed in designated "restricted areas", as
depicted on the Southeast Quadrant Official Zoning Map. The project has development
proposed in a "restricted area" designated to facilitate a planned roadway. The applicant
has proposed a roadway network through the property that will connect Midland Avenue
to Spear Street. Thus, the "restricted area", designed to facilitate the planned roadway,
as labeled on the "Southeast Quadrant Official Zoning Map", is no longer necessary.
The project also has building lots proposed in a "restricted area" designated to protect
scenic views. A portion of this "restricted area" overlaps the Spear Street — Allen Road
Scenic View Protection Overlay District. The applicant is following the building height
requirements for the Spear Street,— Allen Road Scenic View Protection Overlay District,
as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
building lots in the "restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this "restricted area" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the. central
and easterly portions of the property.
All of the proposed building locations are in conformance with the approved Master Plan.
Street Names
The applicant shall submit street names for the proposed project, as approved by the South
Burlington Planning Commission.
E911 Addresses
The applicant shall submit E911 addresses for the proposed project, in conformance with
the E911 addressing standards.
DECISION
Motion by & A Lv::� Qu iq4 , seconded by ka kYAt1&A1*
to approve Preliminary Plat Applica ion #SD-05-92 of South Village Communities, LLC.,
subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2. This project shall be completed as shown on the plat submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3. The plans shall be revised prior to final plat submittal as follows:
a. The plans shall be revised to depict the building envelopes as in compliance with
the dimensional standards approved in the Master Plan.
b. The cover sheet shall be revised to list the setbacks as approved during the
Master Plan process.
c. The plans shall be revised to remove the building envelopes currently being
shown.on some of the proposed common lots.
d. The plans shall be revised to comply with the requests of the South Burlington
City Engineer, as outlined. in his memorandums dated June 2, 2005, and February 3, 2006,
prior to submittal of the final plat application.
e. The plans, specifically Sheet C4.10, shall be revised to show the westerly
boundary of the Spear Street right-of-way.
f. The roadway plans shall be revised to the mutual satisfaction of the City
Engineer, Director of Public Works, and Fire Chief.
g. The plans shall be revised to depict all wetlands and buffer barriers on the site
plan.
h. The plans shall be revised to indicate the maximum building heights for the
five (5) lots that intersect the Spear Street — Allen Road Scenic View Protection Overlay
District, as outlined in Section 10.03(F) of the Land Development Regulations.
i. The plans shall be revised to include the approved street names and E 9-1-1
addresses.
j. The street tree planting plan shall be revised to meet the satisfaction of the City
Arborist and the Fire Chief.
4. The applicant shall comply with the requests of the South Burlington City Engineer, as
outlined in his memorandums dated June 2, 2005, and February 3, 2006, prior to submittal
of the final plat application.
5. The South Burlington Water Department shall review the water plans and provide a final
set of comments prior to final plat approval.
6. The proposed project shall adhere to standards for erosion control as set forth in Section
16.03 of the South Burlington Land Development Regulations. In addition, the grading plan
shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
7. The applicant shall submit a revised traffic impact study based on the changes
proposed as part of this amendment with the final plat submittal.
8. The applicant shall adhere to the comments of the Natural Resources Committee as
outlined in the minutes of their July 22, 2004 and January 5, 2006 meetings.
1. phase in east -west roadway based on City need and/or project need;
2. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
3. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
4. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
5. no pesticide application;
6. no mowing in wetlands and/or their buffers;
7. disturbance of wetland vegetation should be limited to remediation activities;
8. no planting non-native species in wetlands or their buffers.
9. that the bridge crossings avoid the use of pressure treated wood.
9. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant
shall submit a plan for the management and maintenance of the dedicated open spaces
created through the Master Plan. The management and maintenance plans shall be
submitted to and approved by the Director of Planning and Zoning, prior to final plat
approval for Phase 1. Any issues on which the Director of Planning and Zoning seeks
technical review shall be conducted at the applicant's expense.
10. The South Burlington Fire Chief shall review the plans and provide a final set of
comments prior to final plat approval.
11. The applicant shall submit lighting cut sheets as part of the final plat submission.
-10-
12. The applicant shall submit street lighting details and cut sheets, as part of the final plat
submission.
13. All of the proposed roadways and sidewalks shall be compatible with the approved
Master Plan.
14. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
15. Pursuant to Section 13.06(C)(1) of the South Burlington Land Development
Regulations, any dumpsters and utility cabinets on the site shall be effectively screened to
the approval of the Development Review Board.
16. The applicant shall submit information on the estimated landscaping costs associated
with the proposed three-family dwelling units with the final plat application.
17. Pursuant to Section 13.06(G) of the Land Development Regulations, the applicant shall
submit a landscape budget indicating the value of the proposed site landscaping and street
tree landscaping, with the final plat application. The site landscaping budget shall be
separated from the street tree landscaping budget.
18. The South Burlington City Arborist shall review the landscaping plans and provide a
final set of comments prior to final plat approval.
19. The screening of the utility cabinets shall be approved by the South Burlington
Development Review Board as an amendment to the final plat.
20. The applicant shall pay all applicable impact fees prior to issuance of the zoning permit
for each unit.
21. Pursuant to Section 15.08 (D) of the South Burlington Land Development
Regulations, the applicant shall submit homeowner's association legal documents with
the final plat application. The documents that include language that:
a. ensures that the garages will not be converted to living space;
b. prohibits the storage and parking of recreational vehicles within the
development;
c. prohibits clearing of land, disturbance of land, or application of pesticides
within wetlands or wetland buffers, except for the Class III wetland on Lot 16 and
the Class III wetland to the west of Lot 20;
d. ensures that the association shall assume all maintenance responsibilities for
the sewage pumping station;
AND
e. ensures that the association shall assume all maintenance responsibilities for
the stormwater drainage facilities until such time as a :future City stormwater
utility accepts the stormwater infrastructure.
- 11 -
22. The final plat application shall include a Certificate of Title as required pursuant to
Section 15.17 of the South Burlington Land Development Regulations.
23. Pursuant to Section 15.17 of the South Burlington Land Development Regulations,
prior to issuance of the first zoning permit or start of utility or road construction, the
applicant shall submit all appropriate legal documents including easements (e.g.
irrevocable offer of dedication and warranty deed for proposed public roads, utility,
sewer, drainage, water, and recreation paths, etc.) to the City Attorney for approval and
recorded in the South Burlington Land Records.
24. Prior to the start of construction of the improvements described in the condition
above, the applicant shall post a bond which covers the cost of said improvements.
25. Pursuant to Section 15.14(E)(2) of the South Burlington Land Development
Regulations, within 14 days of the completion of required improvements (e.g. roads,
water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City
Engineer, "as -built" construction drawings certified by a licensed engineer.
26. The applicant shall submit for final plat approval within 12 months.
Mark Behr - y�ee /nay/abstain/not present
Matthew Birmingham — &nay/abstain of present
Chuck Bolton — yea/nay/abstai not presen
John Dinklage —yea/nay/abstai not present
Roger Farley — e ay/abstain/no esent
Larry Kupferman — iea)my/abstain/not present
Gayle Quimby — &nay/abstain/not present
Motion carried by a vote of - D - +?
Signed this 10Kark
4 t tv � �` 2006, by
hr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
-12-
VERMONT ENVIRONMENTAL COURT
----------------------------------------
City of South Burlington
575 Dorset Street
South Burlington VT 05403
----------------------------------------
(802) 828-1660
2418 Airport Road, Ste.1
Barre, Vermont 05641 - 8701
February 21, 2006
S. Village Communities, LLC Master Plan Docket No. 27-2-06 Vtec
The above -referenced appeal from a municipal panel, district commission,
agency of natural resources or agency of agriculture was received at the
Environmental Court on 02/15/2006. Environmental Court docket number
27-2-06 Vtec has been assigned to this appeal. Please use the Environmental
Court docket number and the above case name when filing any documents or asking
any questions concerning this case. Please note., this case name may not be
final if we are missing necessary information from the appellant.
All documents should be filed with the Environmental Court at the address
at the top of this letter. Also, if you have not provided the Court with a
telephone number where you can be reached during working hours for the purpose
of telephone conferences, please do so as soon as possible.
The Vermont Rules for Environmental Court Proceedings (V.R.E.C.P.) set out
the procedures to follow for this appeal. Enclosed is a copy of those Rules,
minus Rules 3 & 4 which are not applicable in this type of action. I have
also omitted some of the Reporter's Notes. You may obtain a full copy of the
Rules and Reporter's Notes at www.vermontjudiciary.org.
1. The person filing the appeal is called "the appellant". The appellant must
take certain actions in order to assure that this appeal is not dismissed.
Consult the Vermont Rules for Environmental Court Proceedings to see what those
actions are.
2. This case will be ready for hearing or other appropriate disposition when
the time for filing the appellant's statement of questions has expired, or 20
days after the notice to interested parties has been sent, whichever occurs
later. (The clerk of the appropriate municipal panel must provide the
Appellant with a list of interested persons within five working days of the
municipal'ity's receipt of a copy of the notice of appeal.) The Court may extend
that time if a request is made by written motion'filed with the Court before
the deadline has expired. If this case is set for a hearing on the merits, the
hearing will take place in or near the county in which the case originated.
Please note that pursuant to V.R.E.C.P. 5 (b)(4) (g), these appeals are de
novo, unless the municipality has adopted procedures to make certain appeals on
the record.
February 21, 2006 - Page 2 - 27-2-06 Vtec
3. Faxing a copy of a document is not sufficient to meet deadlines for filing
documents with the Court. Faxed copies may .be authorized by the Court in
certain circumstances, but the Court will not accept Faxed documents unless the
sender has first telephoned the Court and obtained permission to do so or and
unless the judge has authorized it in a scheduling order.
4. The person filing any document (including letters) with the Court must also
send a copy of that document to each of the other parties.
The Clerk of the Environmental Court will contact the parties to arrange
for a pre -hearing conference in person or by telephone with a judge or with a
case manager.
Sincerely,
Qj��a� 171, , -.z�
JJWalyn Mf Stevens, Court Manager
CC: Jon T. Anderson, Attorney for Appellant, R.M. Skip/Denise Vallee
Municipality, City of South Burlington
STITZEL, PAGE & FLETCHER, P.C.
ATTORNEYS AT LAW
171 BATTERY STREET
P.O. BOX 1507
BURLINGTON, VERMONT 05402-1507
(802) 660-2555 (VOICE/TDD)
STEVEN F. STITZEL
FAX (802) 660-2552 or 660-9119
PATTI R. PAGE*
WRITER'S E-MAIL (SSTITZEL@FIRMSPF.COM)
ROBERT E. FLETCHER
WRITER'S FAX (802) 660-2552
JOSEPH S. McLEAN
TIMOTHY M. EUSTACE
AMANDA S. E. LAFFERTY
(*ALSO ADMITTED IN N.Y.)
February 21, 2006
Jacalyn M. Stevens, Court Manager
Vermont Environmental Court
2418 Airport Road
Barre, VT 05641
Re: Appeal of Skip & Denise Vallee
Docket No. 27-2-06 Vtec
Dear Jackie:
JILL E. SPINELLI
WILL S. BAKER
Enclosed for filing with regard to the above -captioned
matter is my Entry of Appearance. Thank you.
Sincerely,
Amanda S. E. Lafferty
SON06-038
Enclosure
CC: JRaymond Belair, Administrative Officer
Jon Anderson, Esq.
Mark Hall, Esq.
Daniel M. Wetzel
STATE OF VERMONT
ENVIRONMENTAL COURT
IN RE: )
APPEAL OF )
SKIP & DENISE VALLEE ) ENVIRONMENTAL COURT
DOCKET NO. 27-2-06 Vtec
ENTRY OF APPEARANCE
NOW COMES Amanda S.E. Lafferty, of the firm Stitzel, Page &
Fletcher, P.C., and hereby enters her appearance in the above -
referenced matter by and on behalf of the City of South
Burlington.
DATED at Burlington, in the County of Chittenden and State
of Vermont, this 21st day of February 2006.
s=06-017.appeai
STITZEL, PAGE &
FLETCHER, P.C.
ATTORNEYS AT LAW
171 BATTERY STREET
P.O. BOX 1507
BURLINGTON, VERMONT
05402-1507
STITZEL, PAGE & FLETCHER, P.C.
By: k4l �i�����Cc- �
Amanda S. E. Lafferty
CITY OF SOUTH BURLINGTON
D1,PATUMENI' OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
February 21, 2006
Jon Anderson, Esq.
Burak Anderson & Melloni, PLC
PO Box 787
Burlington, VT 05402-0787
Re: Appeal of Vallee - South Village
Dear Mr. Anderson:
Pursuant to V.R.E.C.P. 5(4)(A), enclosed is a copy of the service list that was
circulated at the February 7, 2006 Development Review Board meeting at which
time the Board approved the decisions which are the subject of the above
referenced appeal. Please note that each person was asked to note the project
of interest.
Please send a copy of your Notice of Appeal by certified mail to each interested
person.
Sincer (y
R y o J. Belair
Administrative Officer
cc: Amanda S.E. Lafferty, Esq.
Mark Hall, Esq.
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & 'ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
FAX
To: C`�� eas From:"�Ch�u mH-amug . h
Fax: Pages: C�2- , including cover shee
Phone: Date, I I -JCS ) 0�5
Re: t-,� a I a 0 CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
1P��10n
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W40 WOL(-
PUBLIC HEARING
SOUTH BURLINGTON CITY COUNCIL
PLEASE TAKE NOTICE that the South Burlington City Council will hold a public
hearing on Monday, December 19th at 7:30 PM in the City Hall Conference Room,
575 Dorset Street, South Burlington, to consider the following applications
pursuant to the temporary subdivision moratorium for the Southeast Quadrant
(SEQ) zoning district:
Application #SD-05- of Charles Scott for subdivision of a 46.2 acre parcel
developed with a single family dwelling into three (3) lots of 3.o acres (lot 5a), 3.0
acres (lot 5b), and 40.2 acres (lot 5c), 25o Autumn Hill Road.
Application #SD-05- of South Village Communities, LLC to amend a previously
approved master plan for a planned unit development consisting of: 1) a 334
residential unit traditional neighborhood design to include single family, two-
family and multi -family dwelling units, 2) a too student educational facility, and
3) a 35 acre community supported farm. The amendment consists of: 1)
eliminating two (2) streets, and 2) modifying the residential layout resulting from
the elimination of the two (2) streets, 1840 Spear Street.
Saturday, December 3, 2005
James Condos, Chairman
4
$URA ANDERSON
MELLONInc,
Counsellors at Law
Mark G. Hall, Esq.
Paul, Frank & Collins, P.C.
P.O. Box 1307
Burlington, VT 05402-1307
Michael L. Burak"
Jon Anderson
Thomas R. Mellon"
Michael B. Rosenberg'
Shane W. McCormack°t
W. Scott Fewell 13
Anja Freiburg
Gateway Square • 30 Main Street
Post Office Box 787
Burlington, Vermont 05402-0787
Phone: 802 862-0500
Fax: 802 862-S176
wwwvtlawl.com
"Also admitted in New York
*Also admitted in the District of Columbia
#Also admitted in Massachusetts
13Also admitted in Connecticut & Pennsylvania
September 26, 2005
Re: South Village Communities, LLC, Master Plan Application #4C 1160
Dear Mark:
At the hearing on September 1, 2005, Steven Apfelbaum stated that the restrictions on
burning vegetation proposed by South Village are contained in his application materials. So far I
have identified only the following:
Appendix B, Al indicates only that for the mesic oak forest, etc. areas someone will (1)
conduct burn preparation by applying "for a burn permit, schedule burn, contact local authorities,
finalize burn plan" and that (2) the burn will be conducted. Both of the activities would be
scheduled to occur the fourth quarter of years 2 and 3. The same page also indicates that for the
grass/and mosaic areas burn preparation will be done in the third quarter of years 1-5 of the five
year plan, but that a burn would be done in the fourth quarter of years 2, 3 and 5 only. Page 2 of
the same appendix indicates only that for the wet grass land area burn preparation will be done in
the third quarter of years 3 and 4 and that the burn could be conducted in the fourth quarter of
year 3 and the third quarter of year 4.
Apparently, these schedules are not even intended as restrictive. Thus, § 3.2 specifies
that the Developer shall have the "option of making adjustments [to these schedules] as
necessary."
Appendix C, p. 9 provides for only the following restrictions:
Prescribed burning should be conducted by qualified contractors approved by the City of
South Burlington. Standard prescribed burning procedures should be used including the
development of a prescribed burn plan and procurement of a burn permit.
J Mark G. Hall, Esq.
September 26, 2005
Page 2
§ 3.1 of the Management Plan provides as follows:
BURm ANDERSON & MELLONIPLc
In a given year, perhaps two management areas on the site will be burned, and the
following year another two units will be burned, and so on ... Management units for
South Village will be developed and finalized of the project."
§ 3.4 of the Management Plan entitled "Specialized Training" provides as follows:
For many of the restoration tasks (e.g. prescribed burning, herbicide use, monitoring)
specialized training (often involving licensing or certification), oversight, and guidance are
required of personnel before the restoration program begins. Personnel and volunteers involved
in prescribed burning, brush control, monitoring, seed collection, etc. should receive training
commensurate with the activity in which they would be involved. Training is especially
important for those activities that may have risk and safety implications (e.g., prescribed
burning), but also for monitoring, where an accurate assessment of the response of the ecological
system to the restoration treatments is required.
These limits do not look like approvable conditions to me. For example, the size of
management areas is not defined, the number of days on which burns will be done is not
specified, the notice to neighbors is not specified, the ambient weather conditions are not
specified, etc. Could you please either confirm that these are the limits of what you propose or
cite me, and the Commission this additional limits you propose.
Very truly yours,
.I n Anderson
JTA\amc
Enclosure
cc: Enclosed service list
SAClient Matters\72835\Letters\jta hall4.doc
SERVICE LIST
South Village Communities, LLC
Master Plan Application #4C 1160
PARTIES:
South Village Communities, LLC
c/o Mr. David Scheuer
70 South Winooski Avenue
Burlington, VT 05401
Mr. Paul Calkins
PO Box 82
Lyndonville, VT 05451
David S. Marshall, P.E.
Civil Engineering Associates, Inc.
PO Box 485, 928 Falls Road
Shelburne, VT 05482
Mark Hall, Esq.
Paul Frank & Collins
One Church Street, PO Box 1307
Burlington, VT 05402-1307
Steve Apfelbaum
Applied Ecological Services, Inc.
17921 Smith Road
PO Box 256
Brodhead, WI 53520
Chair, City Council/Juli Beth Hinds, Director of Planning & Zoning
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Chair, Selectboard/Chair, Planning Commission
Town of Shelburne
PO Box 88
Shelburne, VT 05482
Chittenden County Regional Planning Commission
30 Kimball Avenue, Suite 206
South Burlington, VT 05403
Elizabeth Lord, Land Use Attorney
Steve Sease, Director, Planning Division
Agency of Natural Resources
103 South Main St. - Center Bldg., 3rd Floor
Waterbury, VT 05671-0301
Alan & Diane Sylvester
1985 Spear Street
S. Burlington, VT 05403
FOR YOUR INFORMATION
District #4 Environmental Commission
Thomas Little, Chair/Michael Flaherty/Kate Purcell
111 West Street
Essex Junction, VT 05452
Dan Wetzel
183 Catkin Drive
S. Burlington, VT 05403
John Dietrich
Fuss & O'Neill
78 Interstate Drive
West Springfield, MA 01089
S:\Client Matters\72835\Legal\service list 4C1160.doc
VERMONT ENVIRONMENTAL COURT
----------------------------------------
City of South Burlington
575 Dorset Street
South Burlington VT 05403
----------------------------------------
So Village Comm LLC CU Det 42001-274
(802) 828-1660
2418 Airport Road, Ste.1
Barre, Vermont 05641 - 8701
May 24, 2006
Docket No. 116-5-06 Vtec
The above -referenced appeal from a municipal panel, district commission,
agency of natural resources or agency of agriculture was received at the
Environmental Court on 05/19/2006. Environmental Court docket number
116-5-06 Vtec has been assigned to this appeal. Please use the Environmental
Court docket number and the above case name when filing any documents or asking
any questions concerning this case. Please note, this case name may not be
final if we are missing necessary information from the appellant.
All documents should be filed with the Environmental Court at the address
at the top of this letter. Also, if you have not provided the Court with a
telephone number where you can be reached during working hours for the purpose
of telephone conferences, please do so as soon as possible.
The Vermont Rules for Environmental Court Proceedings (V.R.E.C.P.) set out
the procedures to follow for this appeal. Enclosed is a copy of those Rules,
minus Rules 3 & 4 which are not applicable in this type of action. I have
also omitted some of the Reporter's Notes. You may obtain a full copy of the
Rules and Reporter's Notes at www.vermontjudiciary.org.
1. The person filing the appeal is called "the appellant." The appellant must
take certain actions in order to assure that this appeal is not dismissed.
Consult the Vermont Rules for Environmental Court Proceedings to see what those
actions are.
2. This case will be ready for hearing or other appropriate disposition when
the time for filing the appellant's statement of questions has expired, or 20
days after the notice to interested parties has been sent, whichever occurs
later. To complete service of appeals, the appellant must do as follows:
From an Appropriate Municipal Panel, follow V.R.E.C.P. 5(b)(4)(A).
The clerk of the appropriate municipal panel must provide the
appellant with a list of interested persons within five working days
of the municipality's receipt of a copy of the notice of appeal.
From a District Commission, District Coordinator or the Secretary of the
Agency of Natural Resource, follow V.R.E.C.P. 5(b)(4)(B): Take special
notice that no list of interested parties will be provided by the
tribunal, other than the service list on the decision appealed from.
May 24, 2006 - Page 2 - 116-5-06 Vtec
The Court may extend that time if a request is made by written motion filed
with the Court before the deadline has expired. If this case is set for a
hearing on the merits, the hearing will take place in or near the county in
which the case originated. Please note that pursuant to V.R.E.C.P. 5 (b)(4)
(g), these appeals are de novo, unless the municipality has adopted procedures
to make certain appeals on the record.
3. Faxing a copy of a document is not sufficient to meet deadlines for filing
documents with the Court. Faxed copies may be authorized by the Court in
certain circumstances, but the Court will not accept Faxed documents unless the
sender has first telephoned the Court and obtained permission to do so or and
unless the judge has authorized it in a scheduling order.
4. The person filing any document (including letters) with the Court must also
send a copy of that document to each of the other parties.
The Clerk of the Environmental Court will contact the parties to arrange
for a pre -hearing conference in person or by telephone with a judge or with a
case manager.
Sincerely,
Jac yn M. Ltevens, Court Manager
CC: Jon T. Anderson, Attorney for Appellant, R.M. Skip/Denise Vallee
FYI, City of South Burlington (No appearance yet filed in this case)
BURAK DERSON
MELLONI Pw
Counsellors at Law
Jacalyn Stevens, Court Manager
Vermont Environmental Court
2418 Airport Road, Suite 1
Barre, VT 05641-8701
Michael L. Burak°
Gateway Square • 30 Main Street
Jon Anderson
Post Office Box 787
Thomas R. Melloni°
Burlington, Vermont 05402.0787
Michael B. Rosenberg'
Phone: 802 862-0500
Shane W. McCormack`$
Fax: 802 862-8176
W Scott Fewell0
wwwcvtlawl.com
Anja Freiburg
°.Uwe admitted in Nem lixk
*Also admitted in the District of Columbia
tAlso admitted in Massachusetts
°Also admitted in Connecticut & l'ennsyl
ania
May 25, 2006
Re: Appeal of Skip and Denise Vallee (South Village CUD Application);
Environmental Court Docket No.
Dear Jackie:
Enclosed in the above -referenced matter please find a Certificate of Service.
Very truly yours,
JTA\alb
Enclosure
cc: Mark Hall, Esq.
Amanda Lafferty, Esq.
Service list
S:\Client Matters\72835\Letters\jta stevens22.doc
Post -it® Fax Note 7671
Date / s"
pagoes
To A944L /
�v
From``
Co./D pt.
Co.
Phone #
Phone #
Fax #
Fax #
Service List
Conditional Use Determination #2001-274
South Villages Communities LLC
Art Gilman
Paul Calkins
c/o David Scheuer
Gilman and Briggs Environmental
P.O. Box 82
70 South Winooski Avenue
1 Conti Circle, Suite 5
Lyndonville, VT 05851
Burlington, VT 05401
Barre, VT 05641
Town Clerk
South Burlington Natural Resources
Donna Kinville
Town Planning Commission
Committee
575 Dorset St
575 Dorset St
Lani Ravin
S. Burlington, VT 05403
S. Burlington, VT 05403
575 Dorset St
S. Burlington, VT 05403
Chittenden Regional Planning
John Austin
Mark Ferguson
Commission
District F&W Coordinator
Nongame/Nat. Heritage Program
Greg Brown
5 Perry Street, Suite 40
Department of Fish & Wildlife
30 Kimball Ave., Suite 206
Barre, VT 05641
103 South Main Street
S. Burlington, VT 05403
Waterbury, VT 05671-0501
Vermont Natural Resources Council
Marty Lebfebvre
Thomas W. Torti, Secretary
9 Bailey Avenue
US Army Corps of Engineers
Agency of Natural Resources
Montpelier, VT 05602
VT Project Office
Center Building
8 Carmichael Street Suite 205
103 South Main Street
Essex Junction VT 05452
Waterbury, VT 05671-0301
The Snyder Companies
Dean Pierce, Town Planner
Richard & Dawn Derridinger
15 Brickyard
Town of Shelburne
1575 Dorset Street
Essex Jct., VT 05452
P.O. Box 88
Shelburne, VT 05482
So. Burlington, VT 05403
William & Gail Lang
Tonya Bosworth/Anthony Maietta
Susan C. Bliss
1675 Dorset Street
192 Catkin Drive
197 Catkin Drive
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Matthew & Beverly Broomhall
Brian & Carolyn Terhune
Stanley & Carolyn Pallutto
37 Floral Street
35 Floral Street
33 Floral Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Dorset Farms Assoc.
Michael Bouvier
c/o Scott Michaud
Kirk & Nancy Weed
31 Floral Street
Property Management Associates
190 Catkin Drive
So. Burlington, VT 05403
P.O. Box 1201
So. Burlington, VT 05403
Williston, VT 05495
Mark & Deborah Fay
Bhagwat & Gita Mangla
Dirk & Deborah Marek
188 Catkin Drive
195 Catkin Drive
193 Catkin Drive
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
John & Ritika Paul
Philip & Darcy Carter
Anthony & Nancy Bianchi
191 Catkin Drive
187 Catkin Drive
29 Floral Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
James & Christina Robert
Jared & Karen Larrow
Pasquale & Deborah Distefano
79 Bower Street
77 Bower Street
75 Bower Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Donald and Lisa Anqwin
Jeff and Lisa Palmer
Winfield & Cynthia Reichart
73 Bower Street
189 Catkin Drive
43 Floral Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Philip & Kristine Magnant
Erwin Cohen & Dana Farr
Peter & Doreen Allison
41 Floral Street
39 Floral Street
27 Floral Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Pierre Heroux & Susan Mabey
John & Sandra Cardamone
Patrick & Mary Ellen Forgione
82 Bower Street
80 Bower Street
78 Bower Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Ahmed & Arwa Ginawi
Littleton & Carolyn Long
Craig S. Bartlett, III
76 Bower Street
1720 Spear Street
4047 Spear Street
So. Burlington, VT 05403
So. Burlington, VT 05403
Shelburne, VT 05482
James Bouyea
Colleen T. Haag, Clerk -Treasurer
4139 Spear Street
Town of Shelburne
Shelburne, VT 05401
P.O. Box 88
Shelburne, VT 05482
S:\Client Matters\72835\Legal\service list 2001-274.doc
STATE OF VERMONT
ENVIRONMENTAL COURT
-------------------------------X
IN RE: APPEAL OF SKIP AND DENISE Environmental Court
VALLEE Docket No.
-------------------------------X
DISCOVERY CERTIFICATE
I, Jon Anderson, hereby certify that on the 19th day of May, 2006, I served a copy of the
Notice of Appeal filed on May 18, 2006 in the above -referenced matter upon all parties of record
by causing a copy of same to be deposited in the United States mail, postage pre -paid addressed
to the attached service list.
Dated: May 25, 2006
Burlington, Vermont. BURAK ANDERSON & MELLONI, PLC
SAClient Matters\72835Tegal\certificate of service2.doc
BuKALI(� INDERSON
MELLLLLONI PLc
COI NSEMORS AT LAW
GATEWAY SQUARE
30 MAIN STREET
POST OFFICE BOX 787
BURLRVG'TON, VERMONT
05402.0787
802 862-OS00
Anderson, Esq.
for Appellants Skip and Denise Vallee
BuRAK,ANDERSON
MELLONI PLC
Counsellors at Law
Jacalyn Stevens, Court Manager
Vermont Environmental Court
2418 Airport Road, Suite 1
Barre, VT 05641-8701
Michael L. Burak°
Gateway Square • 30 Main Street
Jon Anderson
Post Office Box 787
Thomas R. Melloni°
Burlington, Vermont 05402-0787
Michael B. Rosenberg'
Phone: 802 862.0500
Shane W McCormack"$
Fax: 802 862-8176
W Scott Fewell0
-.titiv":vtlawl.com
Anja Freiburg
*Also admitted in New York
*Also admitted in the District of Columbia
tAlso admitted in Massachusetts
-Also admitted in Connecticut & Pennsylvania
May 25, 2006
Re: Appeal of Skip and Denise Vallee (South Village CUD Application);
Environmental Court Docket No.
Dear Jackie:
Enclosed in the above -referenced matter please find a Certificate of Service.
Very truly yours,
JTA\alb
Enclosure
cc: Mark Hall, Esq.
Amanda Lafferty, Esq.
Service list
S:\Client Matters\72835\Letters\jta stevens22.doc
Service List
Conditional Use Determination #2001-274
South Villages Communities LLC
Art Gilman
Paul Calkins
c/o David Scheuer
Gilman and Briggs Environmental
P.O. Box 82
70 South Winooski Avenue
1 Conti Circle, Suite 5
Lyndonville, VT 05851
Burlington, VT 05401
Barre, VT 05641
Town Clerk
South Burlington Natural Resources
Donna Kinville
Town Planning Commission
Committee
575 Dorset St
575 Dorset St
Lani Ravin
S. Burlington, VT 05403
S. Burlington, VT 05403
575 Dorset St
S. Burlington, VT 05403
Chittenden Regional Planning
John Austin
Mark Ferguson
Commission
District F&W Coordinator
Nongame/Nat. Heritage Program
Greg Brown
5 Perry Street, Suite 40
Department of Fish &Wildlife
30 Kimball Ave., Suite 206
Barre, VT 05641
103 South Main Street
S. Burlington, VT 05403
Waterbury, VT 05671-0501
Vermont Natural Resources Council
Marty Lebfebvre
Thomas W. Torti, Secretary
US Army Corps of Engineers
Agency of Natural Resources
9 Bailey Avenue
VT Project Office
Center Building
Montpelier, VT 05602
8 Carmichael Street Suite 205
103 South Main Street
Essex Junction VT 05452
Waterbury, VT 05671-0301
The Snyder Companies
Dean Pierce, Town Planner
Richard & Dawn Derridinger
15 Brickyard
Town of Shelburne
1575 Dorset Street
Essex Jct., VT 05452
P.O. Box 88
So. Burlington, VT 05403
Shelburne, VT 05482
William & Gail Lang
Tonya Bosworth/Anthony Maietta
Susan C. Bliss
1675 Dorset Street
192 Catkin Drive
197 Catkin Drive
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Matthew & Beverly Broomhall
Brian & Carolyn Terhune
Stanley & Carolyn Pallutto
37 Floral Street
35 Floral Street
33 Floral Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Dorset Farms Assoc.
Michael Bouvier
c/o Scott Michaud
Kirk & Nancy Weed
31 Floral Street
Property Management Associates
190 Catkin Drive
So. Burlington, VT 05403
P.O. Box 1201
So. Burlington, VT 05403
Williston, VT 05495
Mark & Deborah Fay
Bhagwat & Gita Mangla
Dirk & Deborah Marek
188 Catkin Drive
195 Catkin Drive
193 Catkin Drive
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
John & Ritika Paul
Philip & Darcy Carter
Anthony & Nancy Bianchi
191 Catkin Drive
187 Catkin Drive
29 Floral Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
James & Christina Robert
Jared & Karen Larrow
Pasquale & Deborah Distefano
79 Bower Street
77 Bower Street
75 Bower Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Donald and Lisa Anqwin
Jeff and Lisa Palmer
Winfield & Cynthia Reichart
73 Bower Street
189 Catkin Drive
43 Floral Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Philip & Kristine Magnant
Erwin Cohen & Dana Farr
Peter & Doreen Allison
41 Floral Street
39 Floral Street
27 Floral Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Pierre Heroux & Susan Mabey
John & Sandra Cardamone
Patrick & Mary Ellen Forgione
82 Bower Street
80 Bower Street
78 Bower Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Ahmed & Arwa Ginawi
Littleton & Carolyn Long
Craig S. Bartlett, III
76 Bower Street
1720 Spear Street
4047 Spear Street
So. Burlington, VT 05403
So. Burlington, VT 05403
Shelburne, VT 05482
James Bouyea
Colleen T. Haag, Clerk -Treasurer
4139 Spear Street
Town of Shelburne
Shelburne, VT 05401
P.O. Box 88
Shelburne, VT 05482
S:\Client Matters\72835\Legal\service list 2001-274.doc
STATE OF VERMONT
ENVIRONMENTAL COURT
-------------------------------X
IN RE: APPEAL OF SKIP AND DENISE Environmental Court
VALLEE Docket No.
-------------------------------X
DISCOVERY CERTIFICATE
I, Jon Anderson, hereby certify that on the 19th day of May, 2006, I served a copy of the
Notice of Appeal filed on May 18, 2006 in the above -referenced matter upon all parties of record
by causing a copy of same to be deposited in the United States mail, postage pre -paid addressed
to the attached service list.
Dated: May 25, 2006
Burlington, Vermont.
SAClient Matters\72835\LegaAcertificate of service2-doc
14TRAK&ANDERSON
MELLONI PLC
COUNSELLORS AT LAW
GATEWAY SQUARE
30 MAIN STREET
POST OFFICE BOX 787
BURLINGTON,VERMONT
05402-0787
802 862-0500
ANDERSON & MELLONI, PLC
Anderson, Esq.
for Appellants Skip and Denise Vallee
BtRXK DERSON
MELLONI PLx,
Counsellors at Law
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jacalyn Stevens, Court Manager
Vermont Environmental Court
2418 Airport Road
Barre, VT 05641-8701
Michael L. Burak°
Gateway Square • 30 Main Street
Jon Anderson
Post Office Box 787
Thomas R. Mellon"
Burlington, Vermont 05402.0787
Michael B. Rosenberg*
Phone: 802 862-0500
Shane W. McCormack-t
Fax: 802 862-8176
W. Scott Fewell[3
ww%cvtlawl.com
Anja Freiburg
"Also admitted in New Birk
•Also admitted in the District of Columbia
Also admitted in Massachusetts
°Also admitted in Connecticut & 11ennsvlvania
May 11, 2006
Re: Appeal of Vallee; Environmental Court Docket No.
Dear Jackie:
Enclosed in the above -referenced matter please find a Notice of Appeal.
Very truly yours,
on Anderson
JTA\alb
Enclosure
cc: Mr. Ray Belair, Administrative Officer, City of South Burlington (via certified mail,
return receipt requested)
S:\Client Matters\72835\Letters\jta stevensl6.doc
STATE OF VERMONT
ENVIRONMENTAL COURT
-------------------------------X
IN RE: APPEAL OF SKIP AND DENISE Environmental Court
VALLEE Docket No.
-------------------------------X
NOTICE OF APPEAL
NOW COME R.M. "Skip" and Denise Vallee ("Appellants"), by and through counsel,
Burak Anderson & Mellon, PLC, and hereby appeal to the Vermont Environmental Court a
certain decision of the City of South Burlington, Vermont Development Review Board in Docket
#SD-06-21 granting Final Plat approval to Phase I of a Planned Unit Development by South
Village Community, LLC. A copy of said decision is attached hereto. The property subject to
this appeal is all property owned by Paul Calkins in the City of South Burlington, Vermont.
Such property is located at 1840 Spear Street. The Applicants are Paul Calkins and South
Village Community, LLC. Appellants claim party status pursuant to 24 V.S.A. § 4465(b)(3).
Dated: May 11, 2006.
Burlington, Vermont.
I' ,
SAClient Matters\72835\Legal\notice of appeal 5.3.66 drb decision.doc
BURAK-ANDERSON
MELLONI PLc
COUNSELLORS AT LAW
GATEWAY SQUARE
30 MAIN STREET
POST OFFICE BOX 787
BURUNGTON,VERMONT
05402.0787
802 862-0500
ANDERSON & MELLONI, PLC
for R.M. "Skip" and Denise Vallee
SOUTH BURLINGTON PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VT 05403
(802) 846-41o6
May 4, 20o6
Rodolphe & Denise Vallee
c/o Jon Anderson, Esq.
Burak, Anderson, & Melloni
PO Box 787
Burlington, VT 05402-0787
Re: South Village
Dear Mr. Anderson:
Burak, Anderspn & Mellon'
Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development
Review Board decision regarding the above referenced matter. You are being
provided a copy of this decision because you appeared or were heard at the
hearing.
If you have any questions, please feel free to contact this office.
Sincerely,
Betsy McDonough
South Burlington Planning & Zoning Department
#SD-06-21
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC
PLANNED UNIT DEVELOPMENT - PHASE
FINAL PLAT APPLICATION #SD-06-21
South Village Communities, LLC, hereafter referred to as the applicant, is requesting
final plat approval for a planned unit development of Phase 1 consisting of 156
residential units and a 100-student educational facility, of a 334 residential unit project,
1840 Spear Street. The Development Review Board held a public hearing on May 2,
2006. David Marshall represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final plat approval for a planned unit development of
Phase 1 consisting of 156 residential units and a 100-student educational facility, of a
334 residential unit project, 1840 Spear Street.
2. The applicant received master plan approval on July 19, 2005 and Phase One
preliminary plat approval on February 10, 2006.
3. The owner of record of the subject property is Paul Calkins.
4. The subject property is located in two (2) zoning districts. The portion of the property
that is developable is in the Southeast Quadrant — Neighborhood Residential (SEQ-NR)
Zoning District and the part of the property that is not slated for development is located
in the Southeast Quadrant — Natural Resource Protection (SEQ-NRP) Zoning District.
5. The plans submitted with this application consist of an 82 page set of plans, page two
(2) entitled, "Phase 1 Subdivision Plat", prepared by Civil Engineering Associates, Inc.,
dated Aug, 2004 last revised 4/30/06.
Zoning District & Dimensional Requirements
The dimensional standards outlined in Table C-2 of the Land Development Regulations
were altered though the Master Plan approval process for the subject property. The
approved waivers are outlined in the decision and findings of fact for Master Plan #MP-04-
01.
The proposed project (Phase 1) does not meet all of the dimensional standards approved
in the Master Plan. Specifically, the side setback for lot 5 is shown as 5 feet. It should be
10 feet.
- 1 -
#SD-06-21
Furthermore, the setbacks listed on the cover sheet are not those approved as part of the
Master Plan.
As was discussed during the Master Plan reconsideration, the applicant had requested that
the preliminary and final plat reviews of each of the three phases be limited to single-family,
two-family, and three-family dwelling units. Thus, any buildings with greater than three
dwelling units, in addition to the school, will be reviewed under separate site plan reviews.
The Development Review Board approved this with the Master Plan approval.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations PUDs
shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
The utility plans are depicted on sheets C6.0 through C6.9 of the plans.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations,
the existing public utility system shall be extended to provide the necessary quantity of
water, at an acceptable pressure, to the proposed dwelling units.
The South Burlington Water Department has been reviewing the plans on an ongoing
basis. His most recent comments are listed in a letter dated May 1, 2006.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
The City Engineer has been reviewing the plans on an ongoing basis. His most recent
comments are listed in memorandums dated April 27, 2006.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
The grading and drainage plans are depicted on sheets C5.0 through C5.5 of the plans.
The erosion control plans are depicted on sheets C7.0 through C7.10 of the plans. The
grading and erosion control plans were reviewed by the City Engineer.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this project is proposed via a 48' wide pubic roadway directly across from
-2-
#SD-06-21
Allen Road and a 24' wide roadway approximately 1,260' south of Allen Road. Both of
these public roads access onto Spear Street and have a 60' wide right-of-way. They
feed into a public roadway network within the project boundaries. At this time, the
applicant is proposing to close the street network with two (2) cul-de-sacs: one (1) to the
north of the project and one (1) to the south of the project. These cul-de-sacs will only
be temporary, as the Master Plan, of which this project is Phase 1, depicts this public
roadway network extending to the north and to the east.
Circulation on this property appears to be adequate. The applicant is currently proposing
two (2) points of ingress and egress, and the master plan proposed two (2) additional
points of ingress and egress for the overall project. In addition, the master plan depicts
a right-of-way to the property to the north, which could facilitate an additional point of
ingress and egress in the future.
As part of the proposed amendments to the PUD, the applicant is proposing to install a
mini -roundabout at the intersection of the consolidated wetland road crossing and the
Village neighborhood. The applicant has stated that this will act as a traffic calming
device that deflects traffic away from the center of the Village neighborhood, keeping it
instead on the perimeter. Comments on the technical specifications of the roundabout
have been deferred to the Fire Chief and the Director of Public Works.
The Fire Chief provided comments on the proposed mini -roundabout in a letter dated
February 3, 2006. He has stated that given the five -inch height of the curbing, and the
tight turning radius, it will not be possible for the larger trucks to proceed through without
hitting at least two of the tree possible curbs, something which could possibly damage
the vehicles. At this time, his suggestion is to return to the concept of the four-way
intersection.
The applicant, in an effort to satisfy the concerns of the Fire Chief, has provided a new
plan which depicts flush fully mountable materials in the deflector islands and central
island. They also submitted a letter from their traffic engineer dated March 14, 2006
outlining the possible traffic benefits of the mini -roundabout.
The Fire Chief responded in a letter dated April 28, 2006. He again expresses his
concerns with the curbing. In consultation with his staff, the Fire Department continues to
feel that "the mini -roundabout would be detrimental to the springs and undercarriage of
the fire vehicles" and would require them to drive over it every time. He continues to say
that "at this time we cannot support the creation of the mini -roundabout" with curbing. He
also acknowledges Mr. Hoar's concerns with the lack of curbing.
The Director of Public Works issued comments in a memorandum dated April 27, 2006
and stated that he will support the roundabout provided that raised curbing is maintained
in the roads which contribute to this roundabout. He specifically notes that he does not
approve of flush curbs if the roundabout is approved. He notes that curbing is important
for keeping traffic flowing where it should and also for snow plowing.
The Board recognizes the concerns of both the Fire Chief and the Director of Public
Works. At this time, the Board does not approve of the roundabout as there appears to
be no way to meet all of the goals of the parties involved. Curbing, even mountable, will
present problems for emergency vehicles as well as all other large vehicles which may
use the intersection. Large delivery or moving trucks will likely utilize this intersection to
-3-
#SD-06-21
service the residents within. Requiring vehicles to mount curbs when there is a
possibility of causing damage could open liability issues for the City. However, as stated
by Mr. Hoar, not having curbing will also present problems for the City. A four-way
intersection may be most appropriate in this case.
The applicant submitted a traffic impact study prepared by TND Engineering, dated April
8, 2004. The applicant also submitted a traffic impact study addendum, dated June 17,
2004. Both of these documents were submitted to Fuss and O'Neil for technical review.
The specific traffic management strategies to control access and circulation for the
proposed project will be provided as they become available.
The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
This phase of the master plan overlaps some Class III wetlands and is adjacent to the
major Class II wetland on the property. There is no development proposed in the Class II
wetlands or its respective 50' buffer. However, there is encroachment into the Class III
wetland and/or their respective 50' wide buffers. The Natural Resource Committee
reviewed the proposed project on July 22, 2004 and January 5, 2006 and recommended
approval of the preliminary plat plans with conditions. The Development Review Board at
preliminary plat hearing accepted the following conditions:
1. phase in east -west roadway based on City need and/or project need;
2. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
3. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
4. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
5. no pesticide application;
6. no mowing in wetlands and/or their buffers except for maintenance of the
recreation and quiet paths;
7. disturbance of wetland vegetation should be limited to remediation activities;
8. no planting non-native species in wetlands or their buffers.
9. that the bridge crossings avoid the use of pressure treated wood.
Pursuant to Sectionl5.18 (B)(6) of the Land Development Regulations, the applicant has
submitted a plan for the management and maintenance of the dedicated open spaces
created through the Master Plan. At this time, there do not appear to be any major
issues which present themselves with this plan. The Director of Planning and Zoning
commented on the plan in a memo to the Board dated 5/2/06.
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning districts) in which it is located.
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant
#S D-06-21
District (SEQ) is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agricultural
use, and well as planned residential use in the largely undeveloped area of the City
known as the Southeast Quadrant. The open character and scenic views offered in this
area have long been recognized as very special and unique resources in the City and
worthy of protection. The location and clustering of buildings and lots in a manner that in
the judgment of the Development Review Board will best preserve the open space
character of this area shall be encouraged.
In order to analyze this project's visual compatibility with the area, the entire master plan,
of which this project is phase 1, must be considered. The master plan is visually
compatible with the planned development patterns of the Southeast Quadrant. The
buildings, building lots, and roads are clustered and concentrated towards the westerly
portion of the property, creating significant open space areas in the central and easterly
portions of the subject property. The more than 132 acres of open space preserved
through this master plan will maintain the open character of the Southeast Quadrant and
will protect wetlands, woodlands, and wildlife habitat.
This project has five (5) lots that intersect the Spear Street — Allen Road Scenic View
Protection Overlay District. These lots shall comply with the building height restrictions
outlined in Section 10.03(F) of the Land Development Regulations. As long as these lots
comply with these height restrictions, the project will offer scenic view protection. The
plans have been revised to indicate the maximum building heights for the five (5) lots
that intersect the Spear Street — Allen Road Scenic View Protection Overlay District, as
outlined in Section 10.03(F) of the Land Development Regulations.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
The layout proposed through the Master Plan will preserve over 152 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous open space corridors with the
properties to the south and north of the subject property.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The South Burlington Fire Chief has been reviewing the plans on an ongoing basis. As
previously noted, his concerns at this point are with respect to the proposed mini -
roundabout.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
All of the proposed infrastructure and services proposed for this project are consistent with
the infrastructure and services proposed in the Master Plan, of which this project is Phase
1. These services and infrastructure have been designed to facilitate extension to adjacent
properties.
-5-
#S D-06-21
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicant has submitted proposed lighting details (cut -sheets) for the multi -family units
involved in Phase 1 of the project. These are within the regulations and are sufficient for
the site.
The proposed recreation path is depicted for the entire master -planned development, of
which this project is Phase 1. The Recreation Path Committee reviewed the recreation
path and provided comments in a memorandum from Tom Hubbard, dated December 10,
2004. The Recreation Path Committee also discussed this project at their 5/1/06 meeting.
The plans depicting the recreation paths, including their location and timing of construction,
have been approved as part of the Master Plan process.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is consistent with the South Burlington Comprehensive Plan and the
South Burlington Land Development Regulations.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations,
any PUD shall require site plan approval. Section 14.06 of the South Burlington Land
Development Regulations establishes the following general review standards for all site
plan applications:
The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movement, and adequate parking areas.
The proposed project accomplishes a desirable transition from structure to site and from
structure to structure. The site provides for adequate planting and safe pedestrian
movement.
The parking for this project has largely been resolved as part of the Master Plan process.
The site plans appear to show sufficient parking spaces for the single family, duplexes, and
triplex units as part of the garages and driveways. Parking for the multi -family buildings
consisting of four or more units will be handled when those buildings are revisited at site
plan review.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking plan for the residential units is in compliance with this requirement.
Without restricting the permissible limits of the applicable zoning district, the height
and scale of each building shall be compatible with its site and existing or adjoining
buildings.
Som
#SD-06-21
The maximum height for buildings with a pitched roof is 40' from average pre -construction
grade. The maximum height for buildings with a flat roof is 35' from average pre -
construction grade.
In addition, five (5) of the proposed lots fall within the Spear Street — Allen Road Scenic
View Protection Overlay District. These lots shall comply with the building height
restrictions outlined in Section 10.03(F) of the Land Development Regulations. It has
already stated that the plans indicate that maximum building heights for these five (5)
lots.
The elevations for the mullti-family buildings shall be reviewed as part of the site plan
review for each multi -family building.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
This criterion is being met.
Proposed structures shall be related harmoniously to themselves, the terrain, and to
existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
This criterion is being met.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb cuts
onto an arterial of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
It is not necessary for the Development Review Board to require any additional easements
for this project (Phase 1 of the Master Plan).
Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
7-
#SD-06-21
All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any dumpsters on the site shall be effectively screened to the approval of the Development
Review Board.
Landscaping and Screening Requirements
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping
and screening shall be required for all uses subject to planned unit development review.
The minimum landscape requirement for this project is determined by Table 13-9 of the
South Burlington Land Development Regulations. The costs of street trees are above and
beyond this minimum landscape requirement. The applicant has submitted information on
the estimated buildings costs of the proposed three-family dwelling units and a landscape
budget indicating the value of the proposed landscaping. The maximum landscaping
requirement for all the three-family dwellings is $29,100 which is being met. The applicant's
landscape plans for the proposed street trees are included on sheet L-2 of the plans. The
value of the street trees is $181,795. Sheets L-3, L-3a, and L-3b show typical landscaping
details for single-family, two-family, and three-family dwelling units. The City Arborist
reviewed the proposed street tree plan and provided comments in an email dated April 25,
2006.
The estimated value of the multi -family dwelling units would be used to calculate the
minimum required landscape value, which would have to be bonded for by the applicant.
Condition number 8 of the 2/10/06 MP states that "no site plan review will be required for
the three (3) unit multi -family dwellings which are substantially in compliance with the
"typical" of these units included with each final plat plan for each phase. Additionally,
bicycle racks shall not be required for the buildings and landscape bonding will be
required."
As part of the Fire Chief's comments dated February 3, 2006, he stated that the tree
locations, as proposed in accordance with the South Burlington Land Development
Regulations, do not adequately allow for fire suppression or rescue capabilities. He has
asked that the Development Review Board grant a waiver to address this issue.
The Board supports an adjustment in the planting of street trees to better facilitate
emergency services. Such an adjustment should be done with the consultation of the
applicant, staff, the Fire Chief and the city arborist. This has occurred and all parties are
comfortable with the final proposed locations of the street trees.
Restricted Areas
This project has buildings and building lots proposed in designated "restricted areas", as
depicted on the Southeast Quadrant Official Zoning Map. The project has development
proposed in a "restricted area" designated to facilitate a planned roadway. The applicant
#SD-06-21
has proposed a roadway network through the property that will connect Midland Avenue
to Spear Street. Thus, the "restricted area", designed to facilitate the planned roadway,
as labeled on the "Southeast Quadrant Official Zoning Map", is no longer necessary.
The project also has building lots proposed in a "restricted area" designated to protect
scenic views. A portion of this "restricted area" overlaps the Spear Street — Allen Road
Scenic View Protection Overlay District. The applicant is following the building height
requirements for the Spear Street — Allen Road Scenic View Protection Overlay District,
as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
building lots in the "restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this "restricted area" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
All of the proposed building locations are in conformance with the approved Master Plan.
Street Names
The applicant has submitted street names on the site plan for Phase I. However, some of
the names on the plan remain unapproved by the South Burlington Planning Commission.
The applicant shall either revise the plans to remove unapproved names, or seek approval
by the Planning Commission. The applicant should not record the final plat until this issue is
taken care of.
Some sheets in the plans still reference preliminary street names, such as "Delta, Gamma,
etc." These names shall be removed and replace with approved names on ALL sheets
showing streets.
E911 Addresses
The applicant has submitted E911 address for this proposal that appear to be in
compliance with the E911 addressing standards.
Other
Pursuant to Section 15.08 (D) of the South Burlington Land Development Regulations,
the applicant has submitted homeowner's association legal documents with the final plat
application. The documents should include language that:
a. ensures that the garages will not be converted to living space;
b. prohibits the storage and parking of recreational vehicles within the
development;
#SD-06-21
b. prohibits the storage and parking of recreational vehicles within the
development;
c. prohibits clearing of land, disturbance of land, or application of pesticides
within wetlands or wetland buffers, except for the Class ll1 wetland on Lot 16 and
the Class 111 wetland to the west of Lot 20;
d. ensures that the association shall assume all maintenance responsibilities for
the sewage pumping station;
9 IV
e. ensures that the association shall assume all maintenance responsibilities for
the stormwater drainage facilities until such time as a future City stormwater
utility accepts the stormwater infrastructure.
It is difficult to tell from these documents whether and where these items have been
addressed. The Board was unable to find language addressing these issues in a manner
that appeared clear to them. The Board respectfully requests that the applicant highlight
all of these issues and indicate conformance with above.
DECISION
Motion by Chuck Bolton, seconded by Larry Kupferman, to approve final plat
application #SD-06-21 of South Village Communities, LLC, subject to the following
conditions:
1) All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2) This project shall be completed as shown on the plat submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3) The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Four (4) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording.
a) The plans shall be revised to show a 10 foot side setback for lot number 5.
b) The cover sheet shall be revised to list the setbacks as approved during the Master
Plan process.
c) The cover sheet shall be revised to remove the references to minimum lot
frontages. There are no minimum lot frontages in the South Burlington Land
Development Regulations.
-10-
#SD-06-21
d) The plans shall be revised to comply with the requests of the South Burlington
Water Department as outlined a letter from Jay Nadeau dated May 1, 2006.
e) The plans shall be revised to comply with the requests of the South Burlington City
Engineer, as outlined in his memorandum dated April 27, 2006.
f) The plans shall be revised to depict all wetlands and buffer barriers on the site plan.
A legend shall be included that delineates between the various classes of wetlands.
g) The plans shall be revised to comply with the recommendations of the City Arborist
as outlined in his memorandum dated April 25, 2006.
h) The applicant shall either revise the plans to remove unapproved names, or seek
approval by the Planning Commission for proposed names not already approved.
i) The plans shall be revised to change all references to the approved street names
on all sheets showing streets.
j) The plans shall be revised to show the proposed "mini -roundabout" in compliance
with FHWA standards and whose mountable components are consistent with other
traffic calming structures used elsewhere in the City .
k) The plans shall be revised to show the recreation path being provided with a 10'
shoulder adjacent to the proposed stormwater management facilities (detention
basins). If this can not be achieved due to space limitations than the applicant shall
propose a safety fencing system for approval by the Recreation Path Committee.
1) The plans shall be revised to show the
at the intersection of Allen Road East
destination for pedestrians is created.
crosswalk at the end of the recreation path
and Spear Street removed until a suitable
m) The plans shall be revised to show location of all fire hydrants as requested by the
South Bur►ington Fire Chief.
n) The plans shall be revised to comply with the requests of the Water Pollution
Control Superintendent.
4) The applicant shall adhere to the requests of the South Burlington Water Department
as outlined in a letter from Jay Nadeau dated May 1, 2006.
5) The applicant shall adhere to the requests of the South Burlington City Engineer, as
outlined in his memorandum dated April 27, 2006.
6) The applicant shall adhere to the requests of the South Burlington City Arborist as
outlined in his memorandum dated April 25, 2006.
7) The proposed project shall adhere to standards for erosion control as set forth in
Section 16.03 of the South Burlington Land Development Regulations. In addition, the
grading plan shall meet the standards set forth in Section 16.04 of the South Burlington
Land Development Regulations.
- 11 -
#SD-06-21
8) The applicant shall pay all applicable traffic impact fees prior to issuance of a zoning
permit for each unit.
9) The applicant shall comply with the requests of the Natural Resources Committe as
decided upon at their July 22, 2004 and January 5, 2006 meetings. The requests are
as follows:
a. phase in east -west roadway based on City need and/or project need;
b. if the east -west road is constructed, the NRC recommends:
i. wildlife -friendly design features
ii. wetland protection features
c. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
d. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
e. no pesticide application;
f. no mowing in wetlands and/or their buffers except for maintenance of the
recreation and quiet paths;
g. disturbance of wetland vegetation should be limited to remediation activities, and
those agricultural activities permitted under the Vermont Wetland Rules;
h. no planting non-native species in wetlands or their buffers.
i. that the bridge crossings avoid the use of pressure treated wood.
10) The applicant shall adhere to the restrictions on the maximum building heights for
the five (5) lots that intersect the Spear Street — Allen Road Scenic View Protection
Overlay District, as outlined in Section 10.03(F) of the Land Development
Regulations and as noted on sheet S1.3 of the plans.
11) All of the proposed roadways and sidewalks shall be compatible with the approved
Master Plan.
12) The applicant shall post a $181,795 landscape bond for street trees prior to the start of
road construction and a $29,100 landscape bond for the triplexes prior to issuance of a
permit. These bonds shall remain in effect for three (3) years to assure that the
landscaping has taken root and has a good chance of surviving.
13) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
14) Pursuant to Section 13.06(C)(1) of the South Burlington Land Development
Regulations, any dumpsters on the site shall be effectively screened to the approval of
the Development Review Board.
15) The screening of the utility cabinets shall be approved by the South Burlington
Development Review Board as an amendment to the final plat.
16) The applicant shall plainly demonstrate that the homeowner's association
documents demonstrate conformance with the conditions numbered 23-27 below
prior to issuance of the first zoning permit.
17) Pursuant to Section 15.17 of the South Burlington Land Development Regulations,
prior to issuance of the first zoning permit or start of utility or road construction, the
-12-
#SD-06-21
applicant shall submit all appropriate legal documents including easements (e.g.
irrevocable offer of dedication and warranty deed for proposed public roads, utility,
sewer, drainage, water, and recreation paths, etc.) to the City Attorney for approval
and recorded in the South Burlington Land Records.
18) Prior to the start of construction of the improvements described in the condition
above, the applicant shall post a bond which covers the cost of said improvements.
19) Pursuant to Section 15.14(E)(2) of the South Burlington Land Development
Regulations, within 14 days of the completion of required improvements (e.g. roads,
water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the
City Engineer, "as -built" construction drawings certified by a licensed engineer.
20) Garages shall not be converted to living spaces.
21) Storage and parking of recreational vehicles within the development shall be prohibited.
22) The clearing of land, disturbance of land, or application of pesticides within wetlands or
wetland buffers, except for the Class III wetland on Lot 16 and the Class III wetland to
the west of Lot 20 shall be prohibited except those agricultural activities permitted
under the Vermont Wetland Rules.
23) The homeowner's association shall assume all maintenance responsibilities for the
sewage pumping station.
24) The homeowner's association shall assume all maintenance responsibilities for the
stormwater drainage facilities until such time as the City Stormwater Utility accepts the
stormwater infrastructure.
25) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
26) The final plat plan (survey plat sheets S1.2, S1.3, S1.3A & S1.313) shall be recorded
in the land records within 180 days or this approval is null and void. The plan shall
be signed by the Board Chair or Clerk prior to recording. Prior to recording the final
plat plan, the applicant shall submit a copy of the survey plats in digital format. The
format of the digital information shall require approval of the Director of Planning
and Zoning.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Chuck Bolton — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Larry Kupferman — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
-13-
#SD-06-21
Motion carried by a vote of 4-0-0.
Signed this 3 day of 2006, by
John Dinkf6ge, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
-14-
CITY OF SOUTH BURLINGTON
DEPAKI'MENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-41,06
FAX (802) 846-4101
May 25, 2006
Jon Anderson, Esq.
Burak, Anderson & Melloni, PLC
PO Box 787
Burlington, VT 05402-0787
Re: Appeal of Vallee
Docket No. 116-4-06 Vtec
Dear Mr. Anderson:
Pursuant to V.R.E.C.P.5(b)(4)(A), the only interested persons involved
with the above referenced appeal are Rodolphe & Denise Vallee.
Since I ,
ay d J. Belair
Administrative Officer
cc: Amanda S.E. Lafferty, Esq.
Mark Hall, Esq.
VT Environmental Court
BURAK ANDERSON
MELLONI PLC
Counsellors at Law
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jacalyn M. Stevens, Clerk
Vermont Environmental Court
2418 Airport Road, Suite 1
Barre, VT 05641-8701
Michael L. Burak"
.Jon Anderson
Thomas K. Mclloni"
Michael B. Koscnbug*
Shane W. McCornmet0f.
Ni Scott 1"em-ell
Atja Freiburg
Gateway Square • 30 Alain Street
Post Office Box 787
Burlington, Xernuant 05402-0787
Phone: 802 862-0500
Fax: 802 862-8176
N111w.N.tlawl.corn
"Also admitted in Not lurk
*Also admitted in the District of Columbia
#Also athnitted in Massachusetts
oAlso admitted in Conneetieut K Pennsvlv:utill
August 25, 2005
Re: Appeal of Vallee; Environmental Court Docket No. 163-9-04 Vtec
Dear Jackie:
Enclosed for filing in the above -referenced matter please find a Notice of Appeal.
Because this is a phase of an earlier appeal, I have not included a filing fee.
Very truly yours,
OoAiid erson
JTA/rlm
Enclosure
cc: i' Mr. Ray Belair (via certified mail, return receipt requested)
Mark G. Hall, Esq. (via certified mail, return receipt requested)
Amanda Lafferty, Esq. (via certified mail, return receipt requested)
Mr. Daniel M. Wetzel (via certified mail, return receipt requested)
SAClient Matters\72835\Letters\jta stevms5.doc
STATE OF VERMONT
ENVIRONMENTAL COURT
-------------------------X
IN RE: APPEAL OF VALLEE Environmental Court
Docket No. 163-9-04 Vtec
-------------------------X
NOTICE OF APPEAL
"Skip" and Denise Vallee ("Appellants"), by and through counsel, Burak Anderson &
Melloni, PLC, hereby notice their appeal of South Village's preliminary Phase I approval by the
City of South Burlington on August 3, 2005. A copy of such preliminary approval is attached
hereto and incorporated herein by reference.
Dated: August 25, 2005
Burlington, Vermont.
S-\Client Mat1eis\72835\Lega1\Notice of Appeal.082005.doc
BUF-AANVFRSON
MELLONIPLC
COUNSELL0O AT 1AW
GATEWAY SQUARE
30 MAIN STFY'gr
POST OFFICE BOX 787
W RLINGTON, fir""'
05402.0787
802 862-050
ANDON & MELLONI, PLC
Esq.
for R.M. "Skip" and Denise Vallee
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC —'840 SPEAR STREET
PHASE 9
PRELIMINARY PLAT APPLICATION #SD-04-55
FINDINGS OF FACT AND DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is requesting
preliminary plat approval for a planned unit development of Phase 1 consisting of 150
residential units and a 100-student educational facility, of a 334 residential unit project,
1840 Spear Street. The Master Plan for this project was approved on July 19, 2005.
Numerous preliminary plat public hearings were held with the most recent being held on
August 2, 2005. David Scheuer represented the applicant.
Based on testimony provided at the above mentioned public hearings and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1) The applicant is requesting preliminary plat approval for a planned unit
development of Phase 1 consisting of 150 residential units and a 100-student
educational facility, of a 334 residential unit project, 1840 Spear Street,
2) The Development Review Board approved the master plan for this project on
July 19, 2005.
3) The owner of record of the subject property is Paul Calkins.
4) The subject property contains 39.8 acres and is located in the Southeast
Quadrant (SEQ) Zoning District.
5) The plans submitted consist of a 63 page set of plans, page two (2) entitled,
"Phase I Subdivision Plat", prepared by Civil Engineering Associates, Inc., dated
July, 2004, last revised on 5/23/05.
Zoning Disiricfi z Di—sional Reguiremetits
The dimensional standards outlined in Table C-2 of the Land Development Regulations
were altered though the Master Plan approval process for the subject property. The
approved waivers are outlined in the decision and findings of fact for Master Plan #MP-04-
01. The proposed project (Phase 1) does not meet all of the dimensional standards
approved in the Master Plan. Specifically, the setbacks are not being met for all of the
properties.
The cover sheet of the plans currently shows '????' as the number of units to be built,
including affordable and market rate. These '????' should be removed and replaced with
the actual number of units proposed for Phase 1.
As was discussed during the Master Plan reconsideration, the applicant had requested that
the preliminary and final plat reviews of each of the three phases be limited to single-family,
two-family, and three-family dwelling units. Thus, any buildings with greater than three
dwelling units, in addition to the school, will be reviewed under separate site plan reviews.
The Development Review Board approved this with the Master Plan approval. Therefore,
any buildings with greater than three dwelling units shall be removed from the plans that
are submitted for final plat approval for Phase I.
The estimated value of the multi -family dwelling units would be used to calculate the
minimum required landscape value, which would have to be bonded for by the applicant.
The applicant is requesting that the proposed three-family dwelling units be treated in a
manner similar to two-family dwelling units. This would allow the applicant to simply depict
building envelopes for the three-family dwelling units, and obtain a zoning permit prior to
their construction. The only exception would be that a landscape bond would have to be
provided for the three-family buildings. This request was approved during the Master Plan
reconsideration on 7/19/05.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Re ulations, PUDs
shall comply with the following standards and conditions. -
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
The utility plans are depicted on sheets C6.0 through C6.9 of the plans.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations,
the existing public utility system shall be extended to provide the necessary quantity of
water, at an acceptable pressure, to the proposed dwelling units.
The South Burlington Water Department has been reviewing the plans on an ongoing
basis.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
The City Engineer has been reviewing the plans on an ongoing basis. His most recent
comments are listed in a memorandum dated June 2, 2005.
-2-
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
The grading and drainage plans are depicted on sheets C5.0 through C5.5 of the plans.
The erosion control plans are depicted on sheets C7.0 through C7.10 of the plans. The
grading and erosion control plans were reviewed by the City Engineer.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this project is proposed via a 48' wide pubic roadway directly across from
Allen Road and a 24' wide roadway approximately 1,260' south of Allen Road. Both of
these public roads access onto Spear Street and have a 60' wide right-of-way. They
feed into a public roadway network within the project boundaries. At this time, the
applicant is proposing to close the street network with two (2) cul-de-sacs: one (1) to the
north of the project and one (1) to the south of the project. These cul-de-sacs will only
be temporary, as the Master Plan, of which this project is Phase 1, depicts this public
roadway network extending to the north and to the east.
Circulation on this property appears to be adequate. The applicant is currently proposing
two (2) points of ingress and egress, and the master plan proposed two (2) additional
points of ingress and egress for the overall project. In addition, the master plan depicts
a right-of-way to the property to the north, which could facilitate an additional point of
ingress and egress in the future.
The applicant submitted a traffic impact study prepared by TND Engineering, dated April
8, 2004. The applicant also submitted a traffic impact study addendum, dated June 17,
2004. Both of these documents were submitted to Fuss and O'Neil for technical review.
The specific traffic management strategies to control access and circulation for the
proposed project will be provided as they become available.
The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
This phase of the master plan overlaps some Class III wetlands and is adjacent to the
major Class II wetland on the property. There is no development proposed in the Class 11
wetlands or its respective 50' buffer. However, there is encroachment into the Class [if
wetland and/or their respective 50' wide buffers. The Natural Resource Committee
reviewed the proposed project on July 22, 2004 and recommended approval of the
preliminary plat plans with the following conditions:
a. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the
applicant shall submit a plan for the management and maintenance of the
dedicated open spaces created through the Master Plan. The management
and maintenance plans shall be submitted to and approved by the Director of
Planning and Zoning, prior to final plat approval for Phase 1. Any issues on
-3-
which the Director of Planning and Zoning seeks technical review shall be
conducted at the applicant's expense.
b. The plans shall be revised to depict the wetland buffer barriers with the
submission of the final plat.
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant
District (SEQ) is hereby formed in order to encourage open space presenvation, scenic
view and natural resource protection, wildlife habitat preservation, continued agricultural
use, and well as planned residential use in the largely undeveloped area of the City
known as the Southeast Quadrant. The open character and scenic views offered in this
area have long been recognized as very special and unique resources in the City and
worthy of protection. The location and clustering of buildings and lots in a manner that in
the judgment of the Development review Board will best preserve the open space
character of this area shall be encouraged.
In order to analyze this project's visual compatibility with the area, the entire master plan,
of which this project is phase 1, must be considered. The master plan is visually
compatible with the planned development patterns of the Southeast Quadrant. The
buildings, building lots, and roads are clustered and concentrated towards the westerly
portion of the property, creating significant open space areas in the central and easterly
portions of the subject property. The more than 132 acres of open space preserved
through this master plan will maintain the open character of the Southeast Quadrant and
will protect wetlands, woodlands, and wildlife habitat.
This project has five (5) lots that intersect the Spear Street — Allen Road Scenic View
Protection Overlay District. These lots shall comply with the building height restrictions
outlined in Section 10.03(F) of the Land Development Regulations -As long as these lots
comply with these height restrictions, the project will offer scenic view protection.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and✓or
stream buffer areas.
In order to analyze this project's open space areas, the entire Master Plan, of which this
project is Phase 1, must be considered_ The layout proposed through this Master Plan
will preserve over 152 acres of dedicated open space, mainly in the central and easterly
portions of the subject property. The location of this open space will create contiguous
open space corridors with the properties to the south and north of the subject property.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The South Burlington Fire Chief has been reviewing the plans on an ongoing basis.
-4-
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
All of the proposed infrastructure and services proposed for this project are consistent with
the infrastructure and services proposed in the Master Plan, of which this project is Phase
1. These services and infrastructure have been designed to facilitate extension to adjacent
properties.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicant submitted proposed street lighting details (cut -sheets) for the project. The
proposed fixtures are adequate for the proposed project.
The proposed recreation path is depicted for the entire master -planned development, of
which this project is Phase 1. The Recreation Path Committee reviewed the recreation
path and provided comments in a memorandum from Tom Hubbard, dated December 10,
2004. The plans depicting the recreation paths; including their location and timing of
construction, have been approved as part of the Master Plan process.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is consistent with the South Burlington Comprehensive Plan and the
South Burlington Land Development Regulations.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14 03(A)(6) of the South Burlington Land Development Regulations
any PUD shall require site plan approval Section 14.06 of the South Burlington Land
Development Regulations establishes the following general review standards for all site
plan applications.
The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movement, and adequate parking areas.
The proposed project accomplishes a desirable transition from structure to site and from
structure to structure. The site also provides for adequate planting and safe pedestrian
movement.
According to Table 13-1 of the South Burlington Land Development Regulations, the
parking requirement for the proposed three-family dwelling units is 2.25 spaces per unit.
-5-
The level of detail required for the parking related to this project will be determined at the
Master Plan reconsideration.
Pursuant to the Master Plan approval, bicycle racks need not be depicted on the plans for
the three (3) unit multi -family dwellings.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking plan for the residential units is in compliance with this requirement.
Without restricting the permissible limits of the applicable zoning district, the height
and scale of each building shall be compatible with its site and existing or adjoining
buildings.
The maximum height for buildings with a pitched roof is 40' from average pre -construction
grade. The maximum height for buildings with a flat roof is 35' from average pre -
construction grade.
In addition, five (5) of the proposed lots fall within the Spear Street — Allen Road Scenic
View Protection Overlay District. These lots shall comply with the building height
restrictions outlined in Section 10.03(F) of the Land Development Regulations. The
plans shall be revised to indicate the maximum building heights for these five (5) lots.
The elevations for the rnullti-family buildings shall be reviewed as part of the site plan
review for each multi -family building.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
The DRD shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
This criterion is being met.
Proposed structures shall be related harmoniously to themselves, the terrain, and to
existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
This criterion is being met.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb cuts
-6-
onto an arterial of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
It is not necessary for the Development Review Board to require any additional easements
for this project (Phase 1 of the Master Plan).
Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
Landscaping and Screening requirements
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping
and screening shall be required for all uses subject to planned unit development review.
The minimum landscape requirement for this project is determined by Table 13-9 of the
South Burlington Land Development Regulations. The applicant must submit information
on the estimated buildings costs of the proposed three-family dwelling units and a
landscape budget indicating the value of the proposed landscaping. The applicant's
landscape plans for the proposed street trees are included on sheet L-2 of the plans.
Sheets L-3, L-3a, and L-3b show typical landscaping details for single-family, two-family,
and three-family dwelling units. The City Arborist reviewed the proposed street tree plan
and provided comments in a letter dated August 11, 2004. He will continue to review the
project.
Restricted Areas
This project has buildings and building lofts proposed in designated "restricted areas", as
depicted on the Southeast Quadrant Official Zoning Map. The project has development
proposed in a "restricted area" designated to facilitate a planned roadway. The applicant
has proposed a roadway network through the property that will connect Midland Avenue
to Spear Street. Thus, the "restricted area", designed to facilitate the planned roadway,
as labeled on the "Southeast Quadrant Official Zoning Map", is no longer necessary.
The project also has building lots proposed in a "restricted area" designated to protect
scenic views. A portion of this "restricted area" overlaps the Spear Street — Allen Road
Scenic View Protection Overlay District. The applicant is following the building height
requirements for the Spear Street — Allen Road Scenic View Protection Overlay District,
as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
-7-
building lots in the "restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this "restricted area" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
All of the proposed building locations are in conformance with the approved Master Plan.
Street Names
The applicant shall submit street names for the proposed project, as approved by the South
Burlington Planning Commission, with the final plat application.
E911 Addresses
The applicant shall submit E911 addresses for the proposed project, in conformance with
the E911 addressing standards, with the final plat application.
DECISION
Motion b
yA6 6e- ,seconded by � �__����
to approve Preliminary Plat ap ication #SD-04-55 of South Village Com'munities, LLC.,
subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2. This project shall be completed as shown on the plat submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3. The plans shall be revised to final plat submittal as follows:
a. The plans shall be revised prior to final plat submittal as follows
b. The cover sheet shall be revised to list the setbacks as approved during the
Master Plan process.
c. The plans shall be revised to remove the building envelopes currently being
shown on sorne of the proposed common lots.
d. The cover sheet shall be revised to show the number of units proposed to be built
as part of Phase 1.
-g-
e. The plans shall be revised to remove any depiction of or reference to buildings
with greater than three dwelling units. The lots that are designated for these
buildings should be depicted as open lots.
f. The plans submitted for approval as part of Phase 1 shall be revised to remove all
references to the Master Plan. This includes all buildings; lots, roads, and
recreation paths to be built as part of Phases 2 and 3 and the proposed school.
g. The plans shall be revised to comply with the requests of the South Burlington
City Engineer, as outlined in his memorandum dated June 2, 2005.
h. The plans, specifically Sheet C4.10, shall be revised to show the westerly
boundary of the Spear Street right-of-way.
i. The plans shall be revised to depict the wetland buffer barriers.
j. The plans shall be revised to indicate the maximum building heights for the five
(5) lots that intersect the Spear Street — Allen Road Scenic View Protection
Overlay District, as outlined in Section 10.03(F) of the Land Development
Regulations.
4. The South Burlington Water Department shall review the water plans and provide a final
set of comments prior to final plat approval.
5. The proposed project shall adhere to standards for erosion control as set forth in Section
16.03 of the South Burlington Land Development Regulations. In addition, the grading
plan shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
6. The applicant shall pay all applicable traffic impact fees prior to issuance of a zoning
permit for each unit.
7. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant
shall submit a plan for the management and maintenance of the dedicated open
spaces created through the Master Plan. The management and maintenance plans
shall be submitted to and approved by the Director of Planning and Zoning, prior to
final plat approval for Phase 1. Any issues on which the Director of Planning and
Zoning seeks technical review shall be conducted at the applicant's expense.
8. The South Burlington Fire Chief shall review the plans and provide a final set of
comments prior to final plat approval.
9. The applicant shall submit lighting cut sheets as part of the final plat submission.
10. All of the proposed roadways and sidewalks shall be compatible with the approved
Master Plan.
11. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
-9-
12.Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any dumpsters and utility cabinets on the site shall be effectively screened to the
approval of the Development Review Board. The screening of the utility cabinets shall
be approved by the South Burlington Development Review Board as an amendment to
the final plat, unless approved as part of the original preliminary plat approval.
13. The applicant shall submit information on the estimated buildings costs of the proposed
three-family dwelling units with the final plat application.
14. Pursuant to Section 13.06(G) of the Land Development Regulations, the applicant shall
submit a landscape budget indicating the value of the proposed site landscaping and
street tree landscaping, with the final plat application. The site landscaping budget shall
be separated from the street tree landscaping budget.
15. The South Burlington City Arborist shall review the landscaping plans and provide a
final set of comments prior to final plat approval.
16. The applicant shall submit street names for the proposed project, as approved by the
South Burlington Planning Commission, with the final plat application.
17. The applicant shall submit E911 addresses for the proposed project, in conformance
with the E911 addressing standards, with the final plat application.
18. The applicant shall pay all applicable impact fees prior to issuance of the zoning permit
for each unit.
19. Pursuant to Section 15.08 (D) of the South Burlington Land Development
Regulations, the applicant shall submit homeowner's association legal documents
with the final plat application. The documents that include language that:
a. ensures that the garages will not be converted to living space;
b. prohibits the storage and parking of recreational vehicles within the
development;
c. prohibits clearing of land, disturbance of land, or application of pesticides
within wetlands or wetland buffers, except for, the Class III wetland on Lot 16
and the Class III wetland to the west of Lot 20;
d. ensures that the association shall assume all maintenance responsibilities for
the sewage pumping station;
AND
e. ensures that the association shall assume all maintenance responsibilities for
the stormwater drainage facilities until such time as a future City stormwater
utility accepts the stormwater infrastructure.
21. Pursuant to Section 15.17 of the South Burlington Land Development Regulations,
prior to issuance of the first zoning permit or start of utility or road construction, the
applicant shall submit all appropriate legal documents including easements (e.g.
-10-
irrevocable offer of dedication and warranty deed for proposed public roads, utility,
sewer, drainage, water; and recreation paths, etc.) to the City Attorney for approval
and recorded in the South Burlington Land Records.
22. Prior to the start of construction of the improvements described in the condition
above, the applicant shall post a bond which covers the cost of said improvements,
with the exception of street "U, which shall be as indicated in condition #11 of the
Master Plan decision.
23. Pursuant to Section 15.14(E)(2) of the South Burlington Land Development
Regulations, within 14 days of the completion of required improvements (e.g. roads,
water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the
City Engineer, "as -built' construction drawings certified by a licensed engineer.
24. The final plat application shall be submitted within twelve (12) months.
Mark Behr — ye /nay/abstain/not present
Chuck Bolton —k�n
nay/abstain/not present
John Dinklage nay/abstain/not present
Roger Farley —ay/abstain/not present
Larry Kupferman — a/nay/abstain/no�rr asent
Gayle Quimby — yea/nay/abstain/ of present
Motion carried by a vote of � - 0- 0
Signed this — day of August 2005, by
' John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
PAUL FRANK Y- COLLINS P.C.
August 11, 2005
Jacalyn Stevens, Clerk
Vermont Environmental Court
2418 Airport Road
Barre, VT 05641-8701
RE: Appeal of Skip and Denise Vallee
Docket Nos. 163-9-04 Vtec and 74-4-05 Vtec
Dear Jackie:
Mark G. Hall
mhall@PFC/aw.com
Enclosed please find my Entry of Appearance on behalf of South Village Communities, LLC in
connection with the above -referenced appeal.
Thank you.
Cordially yours,
PAUL FRANK + COLLINS P.C.
� � 16 / �
Mark G. Hall
Enclosure �e
cc w/enc.: Jon Anderson, Esq.
Amanda S.E. Lafferty, Esq.
Raymond J. Belair, Administrative Officer
Daniel M. Wetzel
435454 vl:8346-00005
ATTORNEYS AT LAW I www.PFC/aw.com
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042
A Member of TerraLexp The Worldwide Network of Independent Law Firms
STATE OF VERMONT
ENVIRONMENTAL COURT
IN RE: APPEAL OF VALLEE ) ENVIRONMENTAL COURT
Docket No. 163-9-04 Vtec and
74-4-05 Vtec
ENTRY OF APPEARANCE
NOW COMES Mark G. Hall, of the firm Paul Frank + Collins P.C., and hereby enters his
appearance in the above -referenced matter, by and on behalf of South Village Communities, LLC.
DATED at Burlington, Vermont, this UtLday of August, 2005.
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
BY:
435451 v1:8346-00005
Mark G. Hall, Esq.
One Church St., PO Box 1307
Burlington, VT 05402-1307
STITZEL, PAGE & FLETCHER, P.C.
ATTORNEYS AT LAW
171 BATTERY STREET
P.O. BOX 1507
BURLINGTON, VERMONT 05402-1507
(802) 660-2555 (VOICE/TDD)
STEVEN F. STITZEL
FAX (802) 660-2552 or 660-9119
PATTI R. PAGE*
WRITER'S E-MAIL(ALAFFERTY@FIRMSPF.COM)
ROBERT E. FLETCHER
WRITER'S FAX (802) 6602552
JOSEPH S. McLEAN
TIMOTHY M. EUSTACE
AMANDA S. E. LAFFERTY
(*ALSO ADMITTED IN N.Y.
August 10, 2005
Jacalyn M. Stevens, Court Manager
VT Environmental Court
2418 Airport Road
Barre, VT 05641-8701
Re: Appeal of Vallee,
Docket No. Vtec.
Dear Jackie:
JILL E. SPINELLI
WILL S. BAKER
Enclosed please find my Entry of Appearance, for filing with
the Court in the above -captioned matter.
Please do not hesitate to call me if you have any questions.
Thank you.
Sincerely,
Amanda S.E. Lafferty
ASEL:jo
Enclosure
CC: Raymond J. Belair, Administrative Officer
Mark G. Hall, Esquire
Jon T. Anderson, Esquire
Daniel M. Wetzel
son.5896.cor
STATE OF VERMONT
ENVIRONMENTAL COURT
IN RE: APPEAL OF VALLEE ) DOCKET NO. Vtec.
ENTRY OF APPEARANCE
NOW COMES AMANDA S.E. LAFFERTY, of the law firm Stitzel,
Page & Fletcher, P.C., and hereby enters her appearance in the
above -referenced matter by and on behalf of the City of South
Burlington.
DATED at Burlington, in the County of Chittenden and State
of Vermont, this loth day of August, 2005.
son2081.1it
STITZEL, PAGE &
FLETCHER, P.C.
ATTORNEYS AT LAW
171 BATTERY STREET
P.O. BOX 1507
BURLINGTON, VERMONT
05402-1507
STITZEL, PAGE & FLETCHER, P.C.
Attorneys for
CITY OF SOUTH BURLINGTON
Amanda S.E. Lafferty, E
BU DERSON
MELLONI PLC
Counsellors at Law
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jacalyn M. Stevens, Clerk
Vermont Environmental Court
2418 Airport Road, Suite 1
Barre, VT 05641-8701
Michael L. Ilurak`'
Jon Anderson
Thomas R. Melloni°
Michael B. Rosenherg'
Shane NV. McCormack*f
W. Scott Fe-*%•cll o
Anja Frciburg
Gateway Square • 30 Main Stroct
Post Office Box 787
Burlington, Vermont 05402-0787
Phone: 802 862-05M
Fax: 802 862.8176
www.vdawl.com
'Also admitted in Xcty 1411
-Also admitted in the District of Columbia
#Also admitted in \lass:iehusetts
OAlso admitted in Connecticut & 11onnselvania
August 2, 2005
Re: Appeal of Vallee; Environmental Court Docket Nos. 163-9-04 Vtec and 74-4-05
Vtec
Dear Jackie:
Enclosed for filing in the above -referenced matter please find a Notice of Continued
Appeal.
JTA/alb
Enclosure
cc: Mr. Ray Belair (via certified mail, return receipt requested)
Mark G. Hall, Esq. (via certified mail, return receipt requested)
Amanda Lafferty, Esq. (via certified mail, return receipt requested)
Mr. Daniel M. Wetzel (via certified mail, return receipt requested)
S:\Chent Matters\72835U,etters\jtastevens4.doc
STATE OF VERMONT
ENVIRONMENTAL COURT
-------------------------X
IN RE: APPEAL OF VALLEE Environmental Court
Docket Nos. 163-9-04 Vtec and 74-4-05 Vtec
-------------------------X
NOTICE OF CONTINUED APPEAL
"Skip" and Denise Vallee ("Appellants"), by and through counsel, Burak Anderson &
Melloni, PLC, hereby notice their (continued) appeal of the approval of South Village's Master
Plan Proposal as modified by Decision dated July _, 2005, a copy of which is attached hereto.
Dated: August 2, 2005 BU K ANDEA f N f MELLONI, PLC
Burlington, Vermont.
S:\Client Matters\72835U.egahnotice of continued appeal.doc
1URA V,MDERSON
MELLONI PLC
COUNSELLORS AT LAW
GATEWAY SQUARE
30 MAIN STREET
POST OFFICE BOX 787
BURLINGTON, VERMONT
05402-0787
802 862-0500
on
for R.M. "Skip" and Denise Vallee
CITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
SOUTH VILLAGE COMMUNITIES, LLC
MASTER PLAN APPLICATION #MP-04-01
FINDINGS of FACT & DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is seeking
Master Plan approval pursuant to Section 15.07 of the South Burlington Land
Development Regulations for a planned unit development consisting of: 1) a 334
residential unit traditional neighborhood design to include sing family, two-family, and
multi -family dwelling units, 2) a 100-student educational fac!J1. ' , and 3) a 35-acre
community -supported farm, 1840 Spear Street. Master PI 'h•�A proval for this property is
required by Section 15.07(B)(1) of the South Burlington Land velopment Regulations
as a prerequisite to the development of ten (10) or more reside ial units in the
Southeast Quadrant Zoning District (SEQ). The qe" Ippment . iew Board held its final
public hearing on the subject application on Febr�i*' A,�,2O0
Based on testimony provided at the abovee�r)tianed public heanng, and the plans and
supporting materials in the document fiip for this application, the DeWlopment Review
Board finds, concludes, and decides tli'e following:
FINDINGS of, FACT
1. This application q$nsists of a Master Plan for"
or lanned unit development
consisting of 33 residential units; 100-study gpcational facility, and a 35-
mmunity acre coported farm, 1840 spear St: 't.
2. The aRp011`dAtlgn is '" d upon a plan entitled "South Village —Master Plan —
Sp, r Street - Sout rjjngton, Vermo
3. T ` owner of record of thd'piooriy_is'"'haul Calkins.
Jk
j''
4. Th' ; `� lication was deer ed complete pursuant to 15.07(3) of the Land
De v ent Regulation4li
Master Plan Application
The following information was relied upon in making this decision, pursuant to Section
15.07(C)(3) of the Land Development Regulations:
a. An accurate Master Plan has been submitted.
b. The title block is "South Village — South Burlington, Vermont — Spear Street and
Allen Road."
c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks
Kiss; TND Engineering; LandWorks; and Applied Ecological Services, Inc.
d. A list of abutters was provided with the application and the names of abutters are
included on sheet C2.1 of the plans.
e. The Master Plan application and the plans referenced in (b) above include the
following information:
i. The combined area of the property subject to the Master Plan is
224.18 acres.
ii. The plan indicates that 58.3 acres (Phase 1: 25 acres; Phase 2:
18.2 acres; and Phase 3: 15.1 acres) are proposed for
development and 165.88 acres are proposed for open space.
iii. Public amenities and facilities indicated n the plans include public
streets, a public water system, a publ ewer system; a public
stormwater drainage system, and &0 is recreation path.
iv. The maximum overall coverage propos for the property is
13.9% (30% permitted). The aximum ilding coverage
proposed for the entire pro is 5.5% (;; % permitted).
v. The total number of reside" ' unl proposed by the
applicant for the entire property i4 ;' tal includes the 269
units yielded throu " 'a e e density in t ' ' utheast Quadrant
(1.2 units/acre), ., " is yielded throe the 25% density
bonus for proy,* � rmixed-r ousing, pursuant "apection 13.14
of the Land Jove iftpent Re' tions.
vi. The traffic study pr p�e�l b D Engineering estimates a
maxir-pu P eak hour ` X count of 336.
vii. Th sewer aer maa '1,1 Ian is depicted on sheet C5.0 of the
pl �s and has be ;view�la� the City Engineer and the
erintendent of f ti Burliri1/ater Department.
viii. T q `;roadway and side k detaii including the proposed
hi' by system, are d�, � fined o 'sheets T4.1 though T4.6 of the
pla ,he plans have kis : n reviewed and by the Director of
Publi Rs.
ix. The ex i ��, nditions,i,ians on sheet C2.1 of the plans depict 2'
contour intd S�Q�ji r sheets depict 5' contour intervals, which
are in compliance with this requirement.
x. The boundry survey for the property is depicted on sheet S1.0 of
the plans.
I The prop ed northerly and southerly street intersections have
n' d in the field and have been designed to intersect
%i `driveways and/or undeveloped lots along the westerly
side of Spear Street.
xii. The roadway waivers that the applicant is requesting are as
follows:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes provided that adequate clearances are provided for large vehicle
turning movements).
2
• Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' with parking on one side; and 24' with no striped parking (parking is
prohibited).
• Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180'
(25 mph).
• Minimum radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
• Minimum tangent length between curves for local str;gts from 100' to 50'.
• Minimum distance between centerline offsets for local Teets from 200' to those
dimensions outlined below: ;„ IRL
➢ C Street to D Street along F
➢ G Street to C Street along F
➢ G Street to B Street alongA i
➢ Common Lane (south) t
➢ Common Lane (south')��
➢ Common Lane (north) to k
➢ Common Lane (north) to A
eet_ - 150'
145'
e g E Street 60 '
:eta D Street - 86'
et al , : g A Street - 50'
at alb' q B Street - 190'
• Minimum vertical (stopprsib distanc'f to 300' to 150' for collector streets
(25 mph posted s eed). No wael"yisreque %for proposed street intersections
at Spear Street.
• Minim m'�Vical (� ping) sight dista"� from 200' to 150' for local streets (25
mphiste Speed
• Mvjh'jmum horizontal (coe f%, i rice for collector streets from 500' to 280'
otL� ternal South Village intef s with collector roads (i.e. A Street, D Street,
E et), stopping sight distance requirements should be met at all remaining
inte', N, ions based on e4ected operating speeds of on -site traffic. No waiver is
requ xfor proposed street intersections at Spear Street
• Minimum hi3 her) sight distance for local streets from 500' to 280' on
internal South 'age intersections with collector roads (i.e. A Street, D Street, E
Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic.
xiii. The Southeast Quadrant dimensional standard waivers that the
applicant is requesting are as follows:
• A Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
3
• Single-family front yard setback from 20' to 10'.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Multi -family front yard setback from 20' to 10'.
• Multi -family rear yard setback from 30' to 5'.
b. Proposed Development Areas in the Master Plan Application
The Master Plan application includes three (3) proposed development areas, as follows:
Phase 1: Village Center
156 units and a;100-student
school, southwesterly
::
portionof propert'
Phase 2: Fields Edge
99 units; northwesterly
,
onion of property.
Phase 3: The Ridge
79 units, southeasterly
or(ion of the property,
The maximum number of units allowed on this property is 334. The plans submitted
depict a total of 335 units, so one (1) unit shall be deleted from Phase 3 of the Master
Plan, for a total of 79 units.
Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations,
Master Plans shall comply with the following standards and conditions:
1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is
available to meet the needs,pf the project in, conformance with applicable State
and City requirements, as evidenced by a City water allocation, City wastewater
allocation, and/or Vermont Water and Wastewater Permit from the Department of
Environmental Conservation.
The City doesy not currently have adequate water supply capacity to serve the proposed
project, which is estimated to demand 115,000 gallons per day. However, the additional
water supply storage that the City is in the process of constructing will be sufficient to
supply the demand of tie proposed project. The Bartlett Bay wastewater treatment
facility currently has sufficient capacity to serve the proposed project, which is estimated
to generate 72,000 gallons per day. The City Wastewater Ordinance has specific
provisions to allow large-scale project to obtain wastewater allocation permits during the
approvals of specific phases of a Master Plan. Thus, the applicant will obtain water
allocation and wastewater allocation approval at each of the three (3) proposed phases
of this project. In addition, the applicant will obtain State permits in conjunction with the
approval of the three (3) phases of this project.
2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized during
construction and after construction to prevent soil erosion and runoff from
creating unhealthy or dangerous conditions on the subject property and adjacent
1i
properties. In making this finding, the DRB may rely on evidence that the project
will be covered under the General Permit for Construction issued by the Vermont
Department of Environmental Conservation.
Individual preliminary and final plat applications will be evaluated for conformance with
this criterion and the provisions of Article 16 of the Land Development Regulations,
Construction and Erosion Control.
3. §15.18(A)(3) The project incorporates access, circulation and traffic
management strategies sufficient to prevent unreasonable congestion of adjacent
roads. In making this finding the DRB may rely on the findings of a traffic study
submitted by the applicant, and the findings of any technical review by City staff
or consultants.
The applicant submitted a traffic impact study prepared by TND Engineering, dated
through December 22, 2004. The applicant also submitted a traffic impact study
addendum, dated through December 22, 2004. Both of these documents were
submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil,
provided his finding on the proposed roadway design waivers in a memorandum dated
February 7, 2005. The specific traffic management strategies to control access and
circulation for the proposed project will be conditioned and implemented at each of the
three (3) phases of this Master Plan. John Dietrich provided his finding on the proposed
roadway design waivers in a memorandum dated February 4, 2005.
The Director of Public Works has been extensively involved in the review of this Master
Plan because of the significance of the public roadway waivers the applicant is
requesting. His comments are outlined in two (2) memorandums dated November 21,
2002 and September 7, 2004.
4. §15.18(A)(4)° The project's design respects and will provide suitable protection
to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and
any unique natural features orb the site. In making this finding the DRB shall
utilize the provisions of Article 12'of these Regulations related to wetlands and
stream buffers, and may seek comment from the Natural Resources Committee
with respect to the project's impact on natural resources.
The subject propegy has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class II wetland
and its associated 50' wide buffer in two (2) locations. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property. The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has prob'osed 80 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue'is proposed to cross through the
southerly portion of this wooded area.
The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated
June 2004, addressing the project's wildlife impacts.
The South Burlington Natural Resources Committee (NRC) reviewed the proposed
Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of
the applicant's wetland consultant's memorandum referenced above and the applicant's
wildlife study referenced above. In addition, the NRC visited the site with the applicant,
the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil
engineer, and other applicable parties. The NRC's recommended approval of the
proposed Master Plan with the following conditions:
1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat
protection considerations;
2. phase in east -west roadway based on City need and/or project need;
3. if the east -west road is constructed, the NRC recommends:
'a. wildlife -friendly design features
b. wetland protection features
4. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
5. if wetlarid"experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
6. no pesticide application;
7. no mowing in wetlands and/or their buffers;
8. disturbance of wetland vegetation should be limited to remediation activities;
9. no planting non-native species in wetlands or their buffers.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
m
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of
the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequat2 compromise between
preserving the wildlife habitat in the subject wooded area ariroviding housing.
The South Burlington City Council and staff feel very strongly`t at the east -west roadway
connecting the proposed project to Midland Avenue ust be co structed. Dorset Farms
was permitted with the explicit understanding tha . nd AvenM would be connected
to Allen Road. In addition, the proposed protect ' �x W et Farms will create a
significant number of housing units in this area, and it is�y;ant that they are
connected from a safety, traffic managern a�cj„,community p „fig perspective.
5. §15.18(A)(5) The project is desigrlo�C,to be viapally compatible Wj.�
,4,the planned
development patterns in the area, as sogcified irid the Comprehensive Plan and the
purpose of the zoning district(s) in which'.t is located.
Pursuant to Section 9.01
District (SEQ) is hereby, 1
view and natural, esour
use, and well planned r
as the Southeast uadre
have long b ehi"Ae wiz
of) rotected The loca`tro
if the Lanai Develo
rmed in order to ei
protection, wrldlif
Vential use in the
The open charm
h' very special a
Q4
stering of i
iudgmen�,!iil"ishall
f the Developmenf° r� Board
of thrs arbe encouraged.",« ,.
- iupegulations, the Southeast Quadrant
�ratpen space preservation, scenic
�ita>t" ryation, continued agricultural
Ily un loped area of the City known
and sd nic views offered in this area
inique resources in the City and worthy
ings and lots in a manner that in the
best preserve the open space character
The propo "`..Master Plan is visO,ally compatible with the planned development patterns
of the Sout' Quadrant. The uildings, building lots, and roads are clustered and
concentrated' % ds the weste t' portion of the property, creating significant open
space areas in t r sterly portions of the subject property. The more than
165 acres of opens rved through this Master Plan will maintain the open
character of the area and will protect wetlands, woodlands, and wildlife habitat. By
eliminating the proposed units in the upper portion of Phase 3, the applicant has
increased the protection of wildlife habitat functions and natural resource on the
property.
The proposed Master Plan complies with the building height requirements for the Spear
Street — Allen Road Scenic View Protection Overlay District, as outlined in Section
10.03(F) of the Land Development Regulations. A total of 35 acres of the land within this
scenic overlay district will be devoted to a community -supported farm.
7
6. §15.18(A)(6) Open space areas on the site have been located in such a way as to
maximize opportunities for creating contiguous open spaces between adjoining
parcels and/or stream buffer areas.
The layout proposed through this Master Plan will preserve over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous open space corridors with the
properties to the south and north of the subject property.
7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire
Chief or his designee to insure that adequate fire protection can be provided, with
the standards for approval including, but not be limited to, minimum distance
between structures, street width, vehicular access from two directions where
possible, looping of water lines, water flow and pressure,nd number and
location of hydrants. All aspects of fire protection systems shall be designed and
installed in accordance with applicable codes in 'all areas served by municipal
water.
The South Burlington Fire Chief reviewed tDe master plan to assess the proposed
roadway layout. His comments are included in a memorandum dated September 2,
2004. The Fire Chief will review the location
of hydrants and other details related to fire
protection within each of the three (3) phases during the preliminary and final plat review
of each phase.
8. §15.18(A)(8) Roads, recreation paths, stormwater facilities, sidewalks,
landscaping, utility lines and lighting have been designed in a manner that is
compatible with the extension of such services and infrastructure to adjacent
properties.
The general layout of the roads, recreation patl-p, and utilities is adequate to facilitate
the extension of such services to adjacent prope1:11rties.
9. §15.18(A)(9) Roads, utilities, sidewaiks,'recreation paths, and lighting are
designed n,a manner that is consistent with City utility and roadway plans and
maintenancestandards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
The overall road layout and hierarchy system are adequate and have been approved by
the Director of Public UVo'tks11 and the Fire Chief. The overall recreation path layout was
reviewed by the South Burlington Recreation Path Committee and comments were
provided in memorandums from Tom Hubbard, the Director of the South Burlington
Recreation Department, dated November 2, 2004 and December 10, 2004. The
landscaping and utility details will be reviewed during the subsequent preliminary and
final plat stages of the individual phases.
10. §15.18(A)(10) The project is consistent with the goals and objectives of the
Comprehensive Plan for the affected district(s).
The proposed Master Plan is consistent with the following objectives for the Southeast
Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan:
a. Preserve and enhance the open character, natural resources, and scenic views
of the Southeast Quadrant, while allowing carefully planned development.
b. Maintain a rate, location, intensity, and timing of future development in the
Southeast Quadrant that is in accord with the physical characteristics of the land
and the availability of municipal services and facilities, and which is consistent
with the City's population growth objectives and land use recommendations.
c. Promote a variety of residential patterns and styles, including a fair share of
affordable housing, while preserving the special character of the Southeast
Quadrant.
Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations,
1. §15.18(B)(1) Open space and development areas shall be located so as to
maximize the aesthetic values of the property in keeping with the Comprehensive
Plan goal of preserving and enhancing the open character, natural areas, and
scenic views of the Quadrant, while allowing carefully planned development.
As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and
15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes
extensive open space and natural resource protection. The plan incorporates over 165
acres of dedicated open space, mainly in the central and easterly portions of the subject
property. The surface area and location of this open space will be integral to protecting
important natural resources, including wetlands, woodlands, and wildlife.
The Spear Street 'Allen Riaad Scenic View Protection Overlay District overlaps a large
portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic
overlay district and indicates the rr"imum building height allowed within this scenic
overlay district, as outlined in Section 10.03(F) of the Land Development Regulations.
The proposed buildings conform to the height restrictions for the Spear Street — Allen
Road Scenic View Protection Overlay District. At the preliminary and final plat review
stages of each of the three (3) phases, the maximum building height of each lot shall be
indicated on the plans.
2. §15.18(B)(2) Building lots, streets and other structures shall be located in a
manner that maximizes the protection of the open character, natural areas, and
scenic views of the Quadrant identified in the Comprehensive Plan, while allowing
carefully planned development at the overall base densities provided in these
Regulations.
The proposed buildings, building lots, streets, and other structures have been designed
to create the open space areas discussed above, in response to Section 15.18(B)(1) of
the Land Development Regulations.
9
3. §15.18(B)(3) Existing natural resources on each site shall be protected through
the development plan, including streams, wetlands, floodplains, wildlife habitat
and corridors including those areas identified in the South Burlington Open Space
Strategy, and special natural and/or geologic features such as mature forests,
headwaters areas, and prominent ridges.
The subject property has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class II wetland
and its associated 50' wide buffer in two (2) locations. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property., The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated Junq 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
At the meeting on September 28, 2004, the, Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along °the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 84 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave
Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife
impacts.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are all in conflict with regard to Phase 3
of the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
10
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic management, and community planning perspective.
4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall
be designed and located to maximize the potential for combination with other
open spaces on adjacent properties.
The layout proposed through this Master Plan will create over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous space corridors with the properties to
the south and north of the subject property.
5. §15.18(B)(5) The conservation of existing agricultural production values on
lands in the SEQ is encouraged through development planning that avoids
impacts on prime agricultural soils as defined in the South Burlington Open Space
Strategy and provides buffer areas between existing agricultural operations and
new development, roads, and infrastructure.
There are no existing agricultural operations on the subject property. However, the
Master Plan includes a 35-acre community -supported farm, which will reinstate active
agricultural operations into the area.
6. §15.18(B)(6) A plan for the proposed, open spaces and/or natural areas shall be
established by the applicant describing the intended use and maintenance of each
area. Continuance of agricultural uses or enhancement of wildlife habitat values
in such plans for use and maintenance is encouraged.
The applicant submitted an open space management plan for the subject property. This
document is entitled "South Village — South Burlington, Vermont — Community Land
Management Plan", dated November 2004. In addition, the applicant submitted an
ecological restoration and management program plan, dated December 17, 2004. Steve
Apfelbaum, the author of the ecological restoration and management program plan,
submitted a follow-up letter dated February 1, 2005. This letter responded to questions
raised by members of the Development Review Board on January 4, 2005.
7. §15.18(B)(7) In the absence of a specific finding by the DRB that an alternative
location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned
public facilities as depicted on the Official Map, including but not limited to
recreation paths, streets, park land, schools, and sewer and water facilities.
The Proposed Master Plan is in compliance with the South Burlington Official Map,
which was last revised on February 14, 2004.
Other Applicable Criteria
1. § 9.08(B) In connection with approval of a PUD, the Development Review Board
may allow development activities in addition to those authorized under Section
9.06(B) to occur in restricted areas or allow residential lots or portions of
residential lots to be located in restricted areas provided the Development Review
Board determines that such development activities are consistent with the intent
and purpose of the Southeast Quadrant District.
The subject property contains a number of "restricted areas". These "restricted areas"
were established to protect land for one (1) of the following reasons: to facilitate planned
roadways; to protect scenic views; or to protect wetland and other natural resources.
The proposed Master Plan does have buildings and building lots within''these "restricted
areas". Phase 1, Phase 2, and Phase3 all have development proposed in a "restricted
area" designated to facilitate planned roadways. The applicant has proposed a roadway
network through the property that connects Midland Avenue to Spear Street, in addition
to providing a means of access to the property to the north. Thus, the "restricted areas",
designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official
Zoning Map", are no longer necessary.
Phase 1 and Phase 2 have development proposed in a "restricted area" designated to
protect scenic views. Most;,of this "restricted area" overlaps the Spear Street — Allen
Road Scenic „View Protection• Overlay District. The applicant is following the building
height requirements for the Spear Street — Allen Road Scenic View Protection Overlay
District, as,outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the `restricted area"s warranted.
the Spear Street — Allen Road Scenic
,thgt, hat
View Protection Overlay District i In addition, the application is proposing
development in the "restricted aria" along Spear Street that is designated for a scenic
view corridor. This development j� consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this "restricted area" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area"
designated to protect natural resources. The applicant originally proposed
approximately 65 units within a "restricted area" that the City has identified as a
potentially important wildlife habitat corridor. Per the request of staff and the
Development Review Board, the applicant removed most of these units, which
significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the
wildlife impacts in this area have been minimized and the nine (9) lots proposed within
12
the restricted area are acceptable. Staff notes, however, that significant landscaping will
be required in this area to further reduce the impacts of the proposed project.
DECISION
Based on the above Findings of Fact, the South Burlington Development Review Board
approves Master Plan application #MP-04-01, of South Villages Communities, LLC, for
334 residential units, a 100-student school, and a 35-acre community -supported farm.
Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application
#MP-04-01 is hereby approved with conditions.
A. Decision with Respect to Master Plan Umbrella Criteria:
The Development Review Board approves the following Master, Plan "umbrella criteria"
pursuant to §15.07(D)(3) of the Land Development Regulations.
11
a. Overall density and number of residential dwelling units: A
maximum number of 334 residential dwelling units are approved for a
total density of 1.5 units/acre. The base density in the Southeast
Quadrant of 1.2 units/acre yields a total of 269 units. The 25% density
bonus for providing mixed -rate housing, as determined by Section 13.14
of the Land Development Regulations,' accounts for the additional 65
units.
b. Building and impervious coverage: A total building coverage of 5.5%
and a total impervious coverage of 13.9% are approved for the master
plan. These are overall limits for the entire South Village property subject
to this approval. Within the individual development phases, as described
and approved in this decision, these overall limits may be exceeded
provided the applicable Southeast Quadrant zoning district limitations of
fifteen percent'(15%) for buildings and thirty percent (30%) overall are
met.
c. Location, layout, capacity and number of collector roadways: The
collector roadway system is approved as shown on the Master Plan.
d. Land development proposed in any area previously identified as
permanent open space in the approved Master Plan application: All
areas not approved as development areas in this Master Plan are to be
utilized exclusively for open space use.
e. Maximum number of vehicle trip ends: A maximum of 336 PM peak
hour trip ends from all approved residential and non-residential uses is
approved for the South Village property.
B. Decision with Respect to Individual Development Areas — Proposed as Part
of this Master Plan Application:
a. Phase 1: Village Center: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
13
Phase 2: Fields Edge: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through
this application, is approved as a development area.
The Development Review Board finds and concludes that the following conditions are
necessary for the Master Plan application to meet the City's requirements and standards
for approval:
1. This approval shall be for 269 units of market -rate. housing, and 65 units of affordable
housing as defined in Article 2 of the South Burlington Land Development Regulations.
In no case shall a zoning permit be issued for more than 269 units of market -rate
housing.
2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development
Regulation, the Development Review Board requires„each of the three (3) phases
included in this Master Plan to obtain separate preliminary plat approval and final plat
approval in accordance with Section 15.18 of the Land Development Regulations.
3. If the proposed 100-student school is, not incorporated into Phase 1 of the Master
Plan, it shall be subject to site plan approval, pursuant to Article 14 of the Land
Development Regulations.
4. Any development on the agriculture component of this project that does not fall within
the State of Vermont's exemption shall be subject to Site Plan review, pursuant to Article
14 of the Land Development Regulations. 11
5. The preliminary plat and/or final plat plans for each of the three (3) phases included in
this Master Plan shall be reviewed by the South Burlington Fire Chief, the
Superintendent of the South Burlington Water Department, the South Burlington Director
of Public Works, and the South Burlington City Engineer.
6. Any application for amendment of the Master Plan or preliminary plat plan that
deviates from the Master Plan in any one or more of the following respects shall be
considered a new application for the property and shall require sketch plan review as
well as approval of an amended Master Plan:
a) An increase in the approved building coverage or overall site coverage, or an
increase in the number of residential dwelling units for the property subject to the
Master Plan;
b) A change in the location, layout, capacity or number of collector roadways on the
property subject to the Master Plan;
c) Land development proposed in any area previously identified as permanent open
space in the approved Master Plan application;
d) A change that will result in an increase in the number of P.M. peak hour vehicle
trip ends projected for total buildout of the property subject to the Master Plan.
7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following
minor land development activities will not require Development Review Board approval
and may be undertaken pursuant to issuance of a zoning permit:
a) The addition of decks to dwelling units;
b) The addition of porches to dwelling units;
c) The enclosure of decks;
d) The addition of accessory structures, pursuant to Section 3.10 of the Land
Development Regulations;
e) Other minor land development activities at the discrbtiin � of the Administrative
Officer.''`
8. Pursuant to Section15.18 (B)(6) of the Land D ment Rep lations, the applicant
shall submit a plan for the management and mail''' ri y ``� :t ,e Dedicated open spaces
created through this Master Plan. The management anNnalkA lce plans shall be
submitted to and approved b the Directo J in and Zonin fix, or to final plat
PP Y �R19 5+ip k�
approval for Phase 1 of this Master Plp,'Any'i .on whic,`dotor of Planning
and Zoning seeks technical review sh be con dAto at the applicant `s cx0brise.
9. The Master Plan shall be revised to sho%ithOoll0i I ig changes. Four (4) copies of the
approved revised plat plans shall be submitted', 0 tIle Administrative Officer prior to
recording: �
a) The plans shall 00 revised to derild; ; maximUr of 334 dwelling units.
71i3 yi p
10. All proposed pblic ra ways in conjunctiorE'Iwith this project shall be constructed
with a miniprn` sign so$ 0,of 25 mph. r
11. The Ornstruction of the ro'eq,q , identifie 'es "L Street" on the plans last revised on
Decembo ; 3, 2004, shall begin a f%gti a;.#ie zoning permit for the 185'h market -rate
m ., ew
unit is iss'"` , and shall be substantially completed at the closing of the 205`h market -rate
unit or six onths, whicheverls later. The amount of escrowed per unit shall be
$8100 per �N t-rate unit. The `scrows shall continue through the sale of the 205`h
�
market -rate un
12. Affordable andpt�r w,.At' its shall be exempt from Escrows for the completion of
Street "U. Thirty-three (33) of the "affordable" units (at or below 80% of median income)
shall meet the City and state requirements as to perpetually affordable.
13. The applicant shall install signalization at the intersection of Spear Street and Allen
Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in
Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans for signalization prior to construction.
14. The applicant shall construct southbound left4urn lane on Spear Street at the "Main
Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit
15
in Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans prior to construction.
15. The applicant shall construct the southbound left -turn lane on Spear Street at the
"North Entrance" of the project, prior to issuance of the last zoning permit for a dwelling
unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all
plans prior to construction.
16. The applicant shall construct southbound left -turn lane on Spear Street at the "South
Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in
Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans
prior to construction. 111111
17. The applicant shall contribute the sum of $20,000 to the C of South Burlington to
be used solely for upgrades to the Spear Street/Swi . Street in section, and for traffic
calming measures on Midland Avenue. The City cil shall . ve sole discretion to
allocate these funds among the intersection upg' f jfic,� plming measures.
18. The applicant shall have ninety (90) d the date of this"'n" royal to execute a
development agreement with the City COW" ' I � ,�Iy rt ing the timin isppsition of
required payments and any required,sf.�i��ties for r i vay, intersection;'�I
infrastructure work. �°�Y'
u
19. The water infrastructure shall be,constri f rough to the existing infrastructure
terminus in Dorset Farms at 4he on i q Phasevi, llage Center). The Superintendent
of the Water Department shall approVd a��. [?ecific ( sand plans for this infrastructure.
20. Phase 1 of the recrd�`�,pn path (as identi
constructed pioWl�,,Jo issu �lg'''p„of the last zoni
(Village Cererh°°�'"
V;
21. Phaso�,I" of the recreation:'
as identi
construct prior to the issuance�iIr����r�,
(Fields EN).
on shdJOIrL'-1 of the plans) shall be
her r a dwelling unit in Phase 1
on sheet L-1 of the plans) shall be
ng permit for a dwelling unit is Phase 2
22. The Red n Path in Phas III (the Ridge Neighborhood) shall be constructed
when founds l ' d building r",l''ated site work are substantially completed for the
buildings on the t� , q ;lots in Phase III. Surety for completion of this portion of
the Recreation Path ( se 1 terminus of °D" and "E" Streets and running southerly
of the "Southern Connector" between Phase 1 and III to the eastern edge of Phase III, at
which point the path runs concurrent with Street "U) shall be provided at the issuance of
the zoning permit for the 185th market -rate unit.
23. Any temporary recreation paths, of any surface type which may be required by the
City shall be shown on the preliminary and final plat plans and be accompanied by an
agreement in which the City indemnifies the developer for liability in a form and manner
acceptable to the developer.
16
24. The applicant shall hire a full-time on -site construction inspector, to be paid for by the
applicant and approved by the Director of Public Works, prior to initiation of any
improvements on the site. The construction inspector shall be present throughout the
construction on these improvements. Any change to this condition shall require written
approval of the City of South Burlington, signed by the City Manager and the Director of
Planning and Zoning.
25. All sewage pumping stations shall remain private and shall be maintained by the
homeowners association(s), unless otherwise determined by the Water Pollution Control
Superintendent and the Director of the Public Works.
26. The following components of the Master Plan shall be
and/or final plat stages of the individual phases:
a) Street lighting details
b) Street landscaping details �5rt
c) Curb -cut locations and details
d) Re-evaulation of traffic mitigation measures
27. The Development Review Board a
Land Development Regulations:
• Minimum pavement width for colledf?
crossings; 28' (2 14' �rtp A Stre
side and 20' at byjo8'6ts,�' {with
"collector routes',a rovided tha q a
vehicle turning ".� vements). M �`:;
l{�Ga ai�ii
• Minimum,aveme Mu idth for local str6
26' in,5AY' 's wit 'Wing on one sid(
parking (parkinis p jpd along Se
lowing
at the preliminary plat
n details
from the
)m 30' to: 20' at wetland
BV-66); 28' with parking on one
ctural base under designated
ices are provided for large
from.:28' to: 20' at wetland crossings;
nd 24' in sections with no striped
in RD-50).
• M4-1
mum centerline radius'"6Vb'Ui�,O Vfbr collector streets from 500' to 300'
(s ns with 30 mph potted speed) or 180' (sections with 25 mph posted
sp
• MinimiNibriterline radi of curves for local streets from 300' to 180'.
• Minimum tand fWlbMth between curves for collector streets from 150' to 50'.
• Minimum tangent length between curves for local streets from 1 00'to 50'.
• Minimum distance between centerline offsets for local streets from 200' to the
dimensions specified below:
➢ C Street to D Street along F Street - 145'
➢ G Street to C Street along F Street - 150'
➢ G Street to B Street along F Street - 145'
➢ Common Lane (south) to E Street along E Street - 60'
17
➢ Common Lane (south) to E Street along D Street - 86'
➢ Common Lane (north) to A Street along C Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
with a 25 mph posted speed. No waiver is requested for proposed street
intersections at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets with
a 25 mph posted speed.
• Minimum horizontal (corner) sight distance for colle streets from 500' to 280'
on internal South Village intersections with collector ds (i.e. A Street, D Street,
E Street); at minimum, stopping sight distance require y nts should be met at all
remaining intersections based on expecteA-140—
erating s eds of on -site traffic. No
reet waiver is requested for proposed stinons at dear Street.
• Minimum horizontal (corner) sight dish ce for local'str"e'd�rom 300' to 280' on
internal South Village intersectioi`A ctor roads (t a"',,Street, D Street, E
Street); at minimum, stopping t Nt dista I,equirements sho'4f o be met at all
remaining intersections based orY,xpectec) operating speeds of ct site traffic.
28. The Development Review Board approvhthe following waivers from the Southeast
Quadrant dimensional standards,,as,outlined i tie Land Development Regulations:
• Single-family mi um lot size frdfo;]2 000 s9`4 re feet to 3,600 square feet.
• Single-family m um building cove fromto 42%.
• Single-family ma um lot coverage f( 30% �b 61%.
• SinglegI fron f 1 setback from ' 0 10'.
• Sin family`r ar I tback from 30' ' 10' (5' for rear lanes).
• A-,,f
family maximum't � ' Jpg covers from 15% to 50%.
•amily maximum logo"' 30% to 65%.
family front yard setback ' ° 20' to 10'.
mily rear yard setback from 30' to 5'.
29. Any multill dwelling unit (4 units and over) that the applicant does not include
in the pre d fin t review of any of the three (3) phases of the Master
Plan shall bes +plan approval, pursuant to Article 14 of the Land
Development Regulations.
30. Any future requests for waivers will be reviewed in conjunction with the site -specific
preliminary plat or final plat reviews for individual development areas.
31. Any changes to the final plat plans shall require approval of the Development
Review Board.
32. The Master Plan (sheets S1.0 and S1.1) shall be recorded in the land records within
90 days or this approval is null and void. The plans shall be signed by the Development
Review Board Chair or Clerk prior to recording.
Mark Behr — yea/nay/abstain/not present
Chuck Bolton — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Larry Kupfermnn — ynn/nn%i/nhc+nin/nM nrocnn4
Gayle Quimby — yea/
Motion carried by a v
Please note: You have the"right to ap� this tla'cision to the Vermont Environmental
Court, pursuant to 24 V$A 4471 and V .76 in w t' g, within 30 days of the date this
decision is issued. The'lee is $225.00 If ;a , ,fail to a al this decision, your right to
challenge this decision a dome future time`rri j� be lostTO' cause you waited too long.
You will be boun py the d4i,�ision, pursuant ta," VSA 4472 (d) (exclusivity of remedy;
finality).
u �k
hr ii, si J�'lil
19
VERMONT ENVIRONMENTAL COURT
FOR THE
STATE OF VERMONT
IN RE: )
SOUTH VILLAGE COMMUNITIES, LLC. ) Docket No.
Master Plan Application #MP-04-01 )
NOTICE OF APPEAL
NOW COMES Applicant South Village Communities, LLC, by and through its attorneys,
Paul, Frank + Collins P.C., and it hereby appeals the decision of the South Burlington Development
Review Board, dated March 10, 2005, for the development at 1840 Spear Street, South Burlington,
Vermont.
A copy of the notice of decision under appeal, dated March 10, 2005, is attached.
DATED at Burlington, Vermont, this 8th day of April, 2005.
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
Mark G. Hall, Esq.
PO Box 1307
Burlington, VT 05402-1307
cc: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
415372 v1:8346-00006
PAuL FRANK +CoLuNs F
AnoRNevs AT Lew
BURLMGTON, VFRMONT
PLATTSBURON, New YORK
CITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
SOUTH VILLAGE COMMUNITIES, LLC
MASTER PLAN APPLICATION #MP-04-01
FINDINGS of FACT & DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is seeking
Master Plan approval pursuant to Section 15.07 of the South Burlington Land
Development Regulations for a planned unit development consisting of: 1) a 334
residential unit traditional neighborhood design to include single-family, two-family, and
multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre
community -supported farm, 1840 Spear Street. Master Plan approval for this property is
required by Section 15.07(B)(1) of the South Burlington Land Development Regulations
as a prerequisite to the development of ten (10) or more residential units in the
Southeast Quadrant Zoning District (SEQ). The Development Review Board held its final
public hearing on the subject application on February 8, 2005.
Based on testimony provided at the above mentioned public hearings and the plans and
supporting materials in the document file for this application, the Development Review
Board finds, concludes, and decides the following:
FINDINGS of FACT
1. This application consists of a Master Plan for a planned unit development
consisting of 334 residential units; a 100-student educational facility, and a 35-
acre community -supported farm, 1840 Spear Street.
2. The application is based upon a plan entitled "South Village — Master Plan —
Spear Street — South Burlington, Vermont".
3. The owner of record of the property is Paul Calkins.
4. The application was deemed complete pursuant to 15.07(3) of the Land
Development Regulations.
Master Plan Application
The following information was relied upon in making this decision, pursuant to Section
15.07(C)(3) of the Land Development Regulations:
a. An accurate Master Plan has been submitted.
b. The title block is "South Village — South Burlington, Vermont — Spear Street and
Allen Road."
c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks
Kiss; TND Engineering; LandWorks; and Applied Ecological Services, Inc.
d. A list of abutters was provided with the application and the names of abutters are
included on sheet C2.1 of the plans.
e. The Master Plan application and the plans referenced in (b) above include the
following information:
i. The combined area of the property subject to the Master Plan is
224.18 acres.
ii. The plan indicates that 58.3 acres (Phase 1: 25 acres; Phase 2:
18.2 acres; and Phase 3: 15.1 acres) are proposed for
development and 165.88 acres are proposed for open space.
iii. Public amenities and facilities indicated on the plans include public
streets, a public water system, a public sewer system; a public
stormwater drainage system, and a public recreation path.
iv. The maximum overall coverage proposed for the property is
13.9% (30% permitted). The maximum building coverage
proposed for the entire property is 5.5% (15% permitted).
v. The total number of residential dwelling units proposed by the
applicant for the entire property is 334. This total includes the 269
units yielded through the base density in the Southeast Quadrant
(1.2 units/acre), plus the 65 units yielded through the 25% density
bonus for providing mixed -rate housing, pursuant to Section 13.14
of the Land Development Regulations.
vi. The traffic study prepared by TND Engineering estimates a
maximum PM peak hour VTE count of 336.
vii. The sewer and water master plan is depicted on sheet C5.0 of the
plans and has been reviewed by the City Engineer and the
Superintendent of South Burlington Water Department.
viii. The roadway and sidewalk details, including the proposed
hierarchy system, are outlined on sheets T4.1 though T4.6 of the
plans. The plans have been reviewed and by the Director of
Public Works.
ix. The existing conditions plans on sheet C2.1 of the plans depict 2'
contour intervals. Other sheets depict 5' contour intervals, which
are in compliance with this requirement
x. The boundary survey for the property is depicted on sheet S1.0 of
the plans.
A The proposed northerly and southerly street intersections have
been staked in the field and have been designed to intersect
existing driveways and/or undeveloped lots along the westerly
side of Spear Street.
xii. The roadway waivers that the applicant is requesting are as
follows:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes provided that adequate clearances are provided for large vehicle
tuming movements).
2
• Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' with parking on one side; and 24' with no striped parking (parking is
prohibited).
• Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180'
(25 mph).
• Minimum radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
• Minimum tangent length between curves for local streets from 100' to 50'.
• Minimum distance between centerline offsets for local streets from 200' to those
dimensions outlined below:
➢ C Street to D Street along F Street - 145'
➢ G Street to C Street along F Street -150'
➢ G Street to B Street along F Street - 145'
➢ Common Lane (south) to E Street along E Street - 60'
➢ Common Lane (south) to E Street along D Street - 86'
➢ Common Lane (north) to A Street along A Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
(25 mph posted speed). No waiver is requested for proposed street intersections
at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets (25
mph posted speed).
• Minimum horizontal (comer) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic. No waiver is
requested for proposed street intersections at Spear Street
• Minimum horizontal (comer) sight distance for local streets from 500' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic.
xiii. The Southeast Quadrant dimensional standard waivers that the
applicant is requesting are as follows:
• A Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
• Single-family front yard setback from 20' to 10'.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Multi -family front yard setback from 20' to 10'.
• Multi -family rear yard setback from 30' to 5'.
b. Proposed Development Areas in the Master Plan Application
The Master Plan application includes three (3) proposed development areas, as follows:
Phase 1: Village Center
156 units and a 100-student
school, southwesterly
portion of property.
Phase 2: Fields Edge
99 units, northwesterly
portion of property.
Phase 3: The Ridge
79 units, southeasterly
portion of the property.
The maximum number of units allowed on this property Is 334. The plans submitted
depict a total of 335 units, so one (1) unit shall be deleted from Phase 3 of the Master
Plan, for a total of 79 units.
Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations,
Master Plans shall comply with the following standards and conditions:
1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is
available to meet the needs of the project in conformance with applicable State
and City requirements, as evidenced by a City water allocation, City wastewater
allocation, and/or Vermont Water and Wastewater Permit from the Department of
Environmental Conservation.
The City does not currently have adequate water supply capacity to serve the proposed
project, which is estimated to demand 115,000 gallons per day. However, the additional
water supply storage that the City is in the process of constructing will be sufficient to
supply the demand of the proposed project The Bartlett Bay wastewater treatment
facility currently has sufficient capacity to serve the proposed project, which is estimated
to generate 72,000 gallons per day. The City Wastewater Ordinance has specific
provisions to allow large-scale project to obtain wastewater allocation permits during the
approvals of specific phases of a Master Plan. Thus, the applicant will obtain water
allocation and wastewater allocation approval at each of the three (3) proposed phases
of this project In addition, the applicant will obtain State permits in conjunction with the
approval of the three (3) phases of this project.
2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized during
construction and after construction to prevent soil erosion and runoff from
creating unhealthy or dangerous conditions on the subject property and adjacent
4
properties. In making this finding, the DRB may rely on evidence that the project
will be covered under the General Permit for Construction issued by the Vermont
Department of Environmental Conservation.
Individual preliminary and final plat applications will be evaluated for conformance with
this criterion and the provisions of Article 16 of the Land Development Regulations,
Construction and Erosion Control.
3. §15.18(A)(3) The project incorporates access, circulation and traffic
management strategies sufficient to prevent unreasonable congestion of adjacent
roads. In making this finding the DRB may rely on the findings of a traffic study
submitted by the applicant, and the findings of any technical review by City staff
or consultants.
The applicant submitted a traffic impact study prepared by TND Engineering, dated
through December 22, 2004. The applicant also submitted a traffic impact study
addendum, dated through December 22, 2004. Both of these documents were
submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil,
provided his finding on the proposed roadway design waivers in a memorandum dated
February 7, 2005. The specific traffic management strategies to control access and
circulation for the proposed project will be conditioned and implemented at each of the
three (3) phases of this Master Plan. John Dietrich provided his finding on the proposed
roadway design waivers in a memorandum dated February 4, 2005.
The Director of Public Works has been extensively involved in the review of this Master
Plan because of the significance of the public roadway waivers the applicant is
requesting. His comments are outlined in two (2) memorandums dated November21,
2002 and September 7, 2004.
4. §15.18(A)(4) The project's design respects and will provide suitable protection
to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and
any unique natural features on the site. In making this finding the DRB shall
utilize the provisions of Article 12 of these Regulations related to wetlands and
stream buffers, and may seek comment from the Natural Resources Committee
with respect to the project's impact on natural resources.
The subject property has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class 11 wetland
and its associated 50' wide buffer in two (2) locations. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property. The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
5
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 80 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area.
The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated
June 2004, addressing the project's wildlife impacts.
The South Burlington Natural Resources Committee (NRC) reviewed the proposed
Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of
the applicant's wetland consultant's memorandum referenced above and the applicant's
wildlife study referenced above. In addition, the NRC visited the site with the applicant,
the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil
engineer, and other applicable parties. The NRC's recommended approval of the
proposed Master Plan with the following conditions:
1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat
protection considerations;
2. phase In east -west roadway based on City need and/or project need;
3. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
4. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
5. if wetland experts disagree on the delineation at the DRIB meeting, the NRC
recommends that the DRB invoke technical review;
6. no pesticide application;
7. no mowing in wetlands and/or their buffers;
8. disturbance of wetland vegetation should be limited to remediation activities;
9. no planting non-native species in wetlands or their buffers.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of
the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic management, and community planning perspective.
5. §15.18(A)(5) The project is designed to be visually compatible with the planned
development patterns in the area, as specified in the Comprehensive Plan and the
purpose of the zoning district(s) in which it is located.
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant
District (SEQ) is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agricultural
use, and well planned residential use in the largely undeveloped area of the City known
as the Southeast Quadrant. The open character and scenic views offered in this area
have long been recognized as very special and unique resources in the City and worthy
of protection. The location and clustering of buildings and lots in a manner that in the
judgment of the Development Review Board will best preserve the open space character
of this area shall be encouraged.
The proposed Master Plan is visually compatible with the planned development patterns
of the Southeast Quadrant The buildings, building lots, and roads are clustered and
concentrated towards the westerly portion of the property, creating significant open
space areas in the central and easterly portions of the subject property. The more than
165 acres of open space preserved through this Master Plan will maintain the open
character of the area and will protect wetlands, woodlands, and wildlife habitat. By
eliminating the proposed units in the upper portion of Phase 3, the applicant has
increased the protection of wildlife habitat functions and natural resource on the
property.
The proposed Master Plan complies with the building height requirements for the Spear
Street — Allen Road Scenic View Protection Overlay District, as outlined in Section
10.03(F) of the Land Development Regulations. A total of 35 acres of the land within this
scenic overlay district will be devoted to a community -supported farm.
6. §15.18(A)(6) Open space areas on the site have been located in such a way as to
maximize opportunities for creating contiguous open spaces between adjoining
parcels and/or stream buffer areas.
The layout proposed through this Master Plan will preserve over 165 acres of dedicated
open space, mainly In the central and easterly portions of the subject property. The
location of this open space will create contiguous open space corridors with the
properties to the south and north of the subject property.
7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire
Chief or his designee to insure that adequate fire protection can be provided, with
the standards for approval including, but not be limited to, minimum distance
between structures, street width, vehicular access from two directions where
possible, looping of water lines, water flow and pressure, and number and
location of hydrants. All aspects of fire protection systems shall be designed and
installed in accordance with applicable codes in all areas served by municipal
water.
The South Burlington Fire Chief reviewed the master plan to assess the proposed
roadway layout. His comments are included in a memorandum dated September 2,
2004. The Fire Chief will review the location of hydrants and other details related to fire
protection within each of the three (3) phases during the preliminary and final plat review
of each phase.
8. §15.18(A)(8) Roads, recreation paths, stormwater facilities, sidewalks,
landscaping, utility lines and lighting have been designed in a manner that is
compatible with the extension of such services and infrastructure to adjacent
properties.
The general layout of the roads, recreation paths, and utilities is adequate to facilitate
the extension of such services to adjacent properties.
9. §15.18(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are
designed in a manner that is consistent with City utility and roadway plans and
maintenance standards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
The overall road layout and hierarchy system are adequate and have been approved by
the Director of Public Works and the Fire Chief. The overall recreation path layout was
reviewed by the South Burlington Recreation Path Committee and comments were
provided in memorandums from Tom Hubbard, the Director of the South Burlington
Recreation Department, dated November 2, 2004 and December 10, 2004. The
landscaping and utility details will be reviewed during the subsequent preliminary and
final plat stages of the individual phases.
10. §15.18(A)(10) The project is consistent with the goals and objectives of the
Comprehensive Plan for the affected district(s).
The proposed Master Plan is consistent with the following objectives for the Southeast
Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan:
a. Preserve and enhance the open character, natural resources, and scenic views
of the Southeast Quadrant, while allowing carefully planned development.
b. Maintain a rate, location, intensity, and timing of future development in the
Southeast Quadrant that is in accord with the physical characteristics of the land
and the availability of municipal services and facilities, and which is consistent
with the City's population growth objectives and land use recommendations.
c. Promote a variety of residential patterns and styles, including a fair share of
affordable housing, while preserving the special character of the Southeast
Quadrant.
Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations,
Master Plans shall comply with the following standards and conditions:
1. §15.18(B)(1) Open space and development areas shall be located so as to
maximize the aesthetic values of the property in keeping with the Comprehensive
Plan goal of preserving and enhancing the open character, natural areas, and
scenic views of the Quadrant, while allowing carefully planned development.
As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and
15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes
extensive open space and natural resource protection. The plan incorporates over 165
acres of dedicated open space, mainly in the central and easterly portions of the subject
property. The surface area and location of this open space will be integral to protecting
important natural resources, including wetlands, woodlands, and wildlife.
The Spear Street — Allen Road Scenic View Protection Overlay District overlaps a large
portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic
overlay district and indicates the maximum building height allowed within this scenic
overlay district, as outlined in Section 10.03(F) of the Land Development Regulations.
The proposed buildings conform to the height restrictions for the Spear Street — Allen
Road Scenic View Protection Overlay District. At the preliminary and final plat review
stages of each of the three (3) phases, the maximum building height of each lot shall be
indicated on the plans.
2. §15.18(B)(2) Building lots, streets and other structures shall be located in a
manner that maximizes the protection of the open character, natural areas, and
scenic views of the Quadrant identified in the Comprehensive Plan, while allowing
carefully planned development at the overall base densities provided in these
Regulations.
The proposed buildings, building lots, streets, and other structures have been designed
to create the open space areas discussed above, in response to Section 15.18(B)(1) of
the Land Development Regulations.
3. §15.18(B)(3) Existing natural resources on each site shall be protected through
the development plan, including streams, wetlands, floodplains, wildlife habitat
and corridors including those areas identified in the South Burlington Open Space
Strategy, and special natural and/or geologic features such as mature forests,
headwaters areas, and prominent ridges.
The subject property has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class II wetland
and its associated 50' wide buffer in two (2),locations. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property. The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes In this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 84 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave
Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife
impacts.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are all in conflict with regard to Phase 3
of the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
10
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic -management, and community planning perspective.
4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall
be designed and located to maximize the potential for combination with other
open spaces on adjacent properties.
The layout proposed through this Master Plan will create over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous space corridors with the properties to
the south and north of the subject property.
5. §15.18(6)(5) The conservation of existing agricultural production values on
lands in the SEQ is encouraged through development planning that avoids
impacts on prime agricultural soils as defined in the South Burlington Open Space
Strategy and provides buffer areas between existing agricultural operations and
new development, roads, and infrastructure.
There are no existing agricultural operations on the subject property. However, the
Master Plan includes a 35-acre community -supported farm, which will reinstate active
agricultural operations into the area.
6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be
established by the applicant describing the intended use and maintenance of each
area. Continuance of agricultural uses -or enhancement of wildlife habitat values
in such plans for use and maintenance is encouraged.
The applicant submitted an open space management plan for the subject property. This
document is entitled "South Village — South Burlington, Vermont — Community Land
Management Plan", dated November 2004. In addition, the applicant submitted an
ecological restoration and management program plan, dated December 17, 2004. Steve
Apfelbaum, the author of the ecological restoration and management program plan,
submitted a follow-up letter dated February 1, 2005. This letter responded to questions
raised by members of the Development Review Board on January 4, 2005.
7. §15.18(6)(7) In the absence of a specific finding by the DRB that an alternative
location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned
11
public facilities as depicted on the Official Map, including but not limited to
recreation paths, streets, park land, schools, and sewer and water facilities.
The Proposed Master Plan is in compliance with the South Burlington Official Map,
which was last revised on February 14, 2004.
Other Applicable Criteria
1. § 9.08(B) In connection with approval of a PUD, the Development Review Board
may allow development activities in addition to those authorized under Section
9.06(8) to occur in restricted areas or allow residential lots or portions of
residential lots to be located in restricted areas provided the Development Review
Board determines that such development activities are consistent with the intent
and purpose of the Southeast Quadrant District.
The subject property contains a number of "restricted areas". These "restricted areas"
were established to protect land for one (1) of the following reasons- to facilitate planned
roadways; to protect scenic views; or to protect wetland and other natural resources.
The proposed Master Plan does have buildings and building lots within these "restricted
areas". Phase 1, Phase 2, and Phase 3 all have development proposed in a "restricted
area" designated to facilitate planned roadways. The applicant has proposed a roadway
network through the property that connects Midland Avenue to Spear Street, in addition
to providing a means of access to the property to the north. Thus, the "restricted areas",
designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official
Zoning Map", are no longer necessary.
Phase 1 and Phase 2 have development proposed in a "restricted area" designated to
protect scenic views. Most of this "restricted area" overlaps the Spear Street — Allen
Road Scenic View Protection Overlay District. The applicant is following the building
height requirements for the Spear Street — Allen Road Scenic View Protection Overlay
District, as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
development in the "restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this "restricted araa" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area"
designated to protect natural resources. The applicant originally proposed
approximately 65 units within a "restricted area" that the City has identified as a
potentially important wildlife habitat corridor. Per the request of staff and the
Development Review Board, the applicant removed most of these units, which
significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the
wildlife impacts in this area have been minimized and the nine (9) lots proposed within
12
the restricted area are acceptable. Staff notes, however, that significant landscaping will
be required in this area to further reduce the impacts of the proposed project.
DECISION
Based on the above Findings of Fact, the South Burlington Development Review Board
approves Master Plan application #MP-04-01, of South Villages Communities, LLC, for
334 residential units, a 100-student school, and a 35-acre community -supported farm.
Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application
#MP-04-01 is hereby approved with conditions.
A. Decision with Respect to Master Plan Umbrella Criteria:
The Development Review Board approves the following Master Plan "umbrella criteria"
pursuant to §15.07(D)(3) of the Land Development Regulations:
a. Overall density and number of residential dwelling units: A
maximum number of 334 residential dwelling units are approved for a
total density of 1.5 units/acre. The base density in the Southeast
Quadrant of 1.2 units/acre yields a total of 269 units. The 25% density
bonus for providing mixed -rate housing, as determined by Section 13.14
of the Land Development Regulations, accounts for the additional 65
units.
b. Building and impervious coverage: A total building coverage of 5.5%
and a total impervious coverage of 13.9% are approved for the master
plan. These are overall limits for the entire South Village property subject
to this approval. Within the individual development phases, as described
and approved in this decision, these overall limits may be exceeded
provided the applicable Southeast Quadrant zoning district limitations of
fifteen percent (15%) for buildings and thirty percent (30%) overall are
met.
c. Location, layout; capacity and number of collector roadways: The
collector roadway system Is approved as shown on the Master Plan.
d. Land development proposed in any area previously identified as
permanent open space in the approved Master Plan application: All
areas not approved as development areas in this Master Plan are to be
utilized exclusively for open space use.
e. Maximum number of vehicle trip ends: A maximum of 336 PM peak
hour trip ends from all approved residential and non-residential uses is
approved for the South Village property.
B_ Decision with Respect to Individual Development Areas — Proposed as Part
of this Master Plan Application:
a. Phase 1: Village Center: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
13
b. Phase 2: Fields Edge: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through
this application, is approved as a development area.
CONDITIONS
The Development Review Board finds and concludes that the following conditions are
necessary for the Master Plan application to meet the City,'s requirements and standards
for approval:
1. This approval shall be for 269 units of market -rate housing, and 65 units of affordable
housing as defined in Article 2 of the South Burlington Land Development Regulations.
In no case shall a zoning permit be issued for more than 269 units of market -rate
housing.
2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development
Regulation, the Development Review Board requires each of the three (3) phases
included in this Master Plan to obtain separate preliminary plat approval and final plat
approval in accordance with Section 15.18 of the Land Development Regulations.
3. If the proposed 100-student school is not incorporated into Phase 1 of the Master
Plan, it shall be subject to site plan approval, pursuant to Article 14 of the Land
Development Regulations.
4. Any development on the agriculture component of this project that does not fall within
the State of Vermont's exemption shall be subject to Site Plan review, pursuant to Article
14 of the Land Development Regulations.
5. The preliminary plat and/or final plat plans for each of the three (3) phases included in
this Master Plan shall be reviewed by the South Burlington Fire Chief, the
Superintendent of the South Burlington Water Department, the South Burlington Director
of Public Works, and the South Burlington City Engineer,
6. Any application for amendment of the Master Plan or preliminary plat plan that
deviates from the Master Plan in any one or more of the following respects shall be
considered a new application for the property and shall require sketch plan review as
well as approval of an amended Master Plan:
a) An increase in the approved building coverage or overall site coverage, or an
increase in the number of residential dwelling units for the property subject to the
Master Plan;
b) A change in the location, layout, capacity or number of collector roadways on the
property subject to the Master Plan;
c) Land development proposed in any area previously identified as permanent open
space in the approved Master Plan application;
14
d) A change that will result in an increase in the number of P.M. peak hour vehicle
trip ends projected for total buildout of the property subject to the Master Plan.
7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following
minor land development activities will not require Development Review Board approval
and may be undertaken pursuant to issuance of a zoning permit:
a) The addition of decks to dwelling units;
b) The addition of porches to dwelling units;
c) The enclosure of decks;
d) The addition of accessory structures, pursuant to Section 3.10 of the Land
Development Regulations;
e) Other minor land development activities at the discretion of the Administrative
Officer.
8. Pursuant to Section15.18 (13)(6) of the Land Development Regulations, the applicant
shall submit a plan for the management and maintenance of the dedicated open spaces
created through this Master Plan. The management and maintenance plans shall be
submitted to and approved by the Director of Planning and Zoning, prior to final plat
approval for Phase 1 of this Master Plan. Any issues on which the Director of Planning
and Zoning seeks technical review shall be conducted at the applicant's expense.
9. The Master Plan shall be revised to show the following changes. Four (4) copies of the
approved revised plat plans shall be submitted to the Administrative Officer prior to
recording:
a) The plans shall be revised to depict a maximum of 334 dwelling units.
10. All proposed public roadways in conjunction with this project shall be constructed
with a minimum design speed of 25 mph.
11. The roadway identified as "L Street" on the plans last revised on December 23,
2004 shall be constructed, and open for traffic, through to the existing roadway terminus
at Midland Avenue prior to issuance of the zoning permit for the 2061' unit In this project.
12. The applicant shall install signalization at the intersection of Spear Street and Allen
Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in
Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans for signalization prior to construction.
13. The applicant shall construct southbound left -turn lane on Spear Street at the "Main
Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit
in Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans prior to construction.
14. The applicant shall construct the southbound left -turn lane on Spear Street at the
"South Entrance" of the project, prior to issuance of the last zoning permit for a dwelling
unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all
plans prior to construction.
15
15. The applicant shall construct southbound left-tum lane on Spear Street at the "North
Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in
Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans
prior to construction.
16. The applicant shall contribute the sum of $20,000 to the City of South Burlington to
be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic
calming measures on Midland Avenue. The City Council shall have sole discretion to
allocate these funds among the intersection upgrades and traffic calming measures.
17. The applicant shall have ninety (90) days from;the date of this approval to execute a
development agreement with the City Council, governing the timing and disposition of
required payments and any required sureties for roadway, intersection, and
infrastructure work.
18. The water infrastructure and wastewater infrastructure shall be constructed through
to the existing infrastructure terminus in Dorset Farms at the onset of Phase 1 (Village
Center). The Director of Public Works and Superintendent of the Water Department shall
approve all specifications and plans for this infrastructure.
19. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1
(Village Center).
20. Phase 2 of the recreation path (as identified on sheet-L-1 of the plans) shall be
constructed prior to the issuance of the first zoning permit for a dwelling unit is Phase 2
(Fields Edge).
21. Phase 3 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to the issuance of the zoning permit for the 206°i unit in this project.
22. The applicant shall hire a full-time on -site construction inspector, to be paid for by the
applicant and approved by the Director of Public Works, prior to initiation of any
improvements on the site. The construction inspector shall be present throughout the
construction on these improvements. Any change to this condition shall require written
approval of the City of South Burlington, signed by the City Manager and the Director of
Planning and Zoning.
23. All sewage pumping stations shall remain private and shall be maintained by the
homeowners association(s), unless otherwise determined by the Water Pollution Control
Superintendent and the Director of the Public Works.
24. The following components of the Master Plan shall be reviewed at the preliminary plat
and/or final plat stages of the individual phases:
a) Street lighting details
b) Street landscaping details
c) Curb -cut locations and details
16
d) Re-evaulation of traffic mitigation measures and implementation details
25. The Development Review Board approves the following roadway waivers from the
Land Development Regulations:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes- provided that adequate clearances are provided for large
vehicle turning movements).
• Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' in sections with parking on one side; and 24' in sections with no striped
parking (parking is prohibited along Section RD-50).
• Minimum centerline radius of curves for collector streets from 500' to 300'
(sections with 30 mph posted speed) or 180' (sections with 25 mph posted
speed).
• Minimum centerline radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
Minimum tangent length between curves for local streets from 100' to 50'.
Minimum distance between centerline offsets for local streets from 200' to the
dimensions specified below: -
➢ C Street to D Street along F Street - 146
➢ G Street to C Street along F Street - 150'
➢ G Street to B Street along F Street - 145'
➢ Common Lane (south) to E Street along E Street - 60'
➢ Common Lane (south) to E Street along D Street - 86
➢ Common Lane (north) to A Street along C Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
with a 25 mph posted speed. No waiver is requested for proposed street
intersections at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets with
a 25 mph posted speed.
• Minimum horizontal (comer) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic. No
waiver is requested for proposed street intersections at Spear Street.
17
• Minimum horizontal (comer) sight distance for local streets from 300' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic.
26. The Development Review Board approves the following waivers from the Southeast
Quadrant dimensional standards, as outlined in the Land Development Regulations:
• Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%..
• Single-family maximum lot coverage from .30% to 61 %. .
• Single-family front yard setback from 20' to 10'.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Mu&family front yard setback from 20' to 10'.
• Multi -family rear yard setback from 30' to 5'.
27. Any future requests for waivers will be reviewed in conjunction with the site -specific
preliminary plat or final plat reviews for individual development areas.
28. Any changes to the final plat plans shall require approval of the Development
Review Board.
29. The Master Plan (sheets S1.0 and S1.1) shall be recorded in the land records within
90 days or this approval is null and void. The plans shallbe signed by the Development
Review Board Chair or Clerk prior to recording.
18
John Dinklage
Chuck Bolton f
ark Boucher
RoJcr Farley
,
ice.-•,�. Y'1-.,, ��, ,-.._...:_:,�
Lary Kup ruiaii 1
Gayl Quimby
Signed on the _L_ day of March, 2005
Please note: You have the right to appeal this decision to -the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
19
BU DERSON
8jMELLONI PLC
Counsellors at Law
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jacalyn M. Stevens, Clerk
Vermont Environmental Court
2418 Airport Road, Suite 1
Barre, VT 05641-8701
Michael L. Burak"
Gateway Square • 30 Main Street
Jon Anderson
Post Office Box 787
Thomas R. Melloni"
Burlington, Vermont 05402-0787
Michael B. Rosenberg'
Phone: 802 862-0500
Shane NK ,McCormackl:
Fax: 802 862-8176
W. Scott Fewell1:1
Anj1a Freiburg
����M:vtlawl.com
"Also admitted in New York
•Also :ulmitted in the District of Columbia
#Also admitted in Massachusetts
13Also admitted in Connecticut & Pennsvivania
April 7, 2005
Re: Appeal of Vallee, Environmental Court Docket No.
Dear Ms. Stevens:
Enclosed for filing in the referenced matter is a second Notice of Appeal together with a
check in the amount of $100.00 for the filing fee.
Thank you for your assistance.
Very truly ours,
6"J n T. Anderson
JTA/rlm
Enclosure
V` cc: City Clerk, City of South Burlington, 575 Dorset Street, South Burlington, VT 05403 (via
certified mail, return receipt requested)
S:\Client Matters\72835\t.etters\jtastevens2.doc
BURAK&ANDERSON
MELLONI PLc
COUNSELLORS AT LAW
GATEWAY SQUARE
30 MAIN STREET
POST OFFICE BOX 787
BURLINGTON, VERMONT
05402-0787
802 862-0500
STATE OF VERMONT
ENVIRONMENTAL COURT
-------------------------------X
IN RE: APPEAL OF SKIP AND DENISE
VALLEE
-------------------------------X
Environmental Court
Docket No.
NOTICE OF APPEAL
"Skip" and Denise Vallee ("Appellants"), by and through counsel, Burak Anderson &
Melloni, PLC, hereby appeal the final approval of Master Plan Application #MP-04-01 on
March 10, 2005 by the City of South Burlington, Vermont Development Review Board. A copy
of the Findings of Fact and Decision is attached hereto as Attachment 1.
For purposes of this appeal, the Appellants' mailing address is c/o Jon Anderson, Esq.,
Burak Anderson & Melloni, PLC, P.O. Box 787, Burlington, VT 05402-0787.
The regulatory provisions applicable to this appeal are all provisions of the City of South
Burlington Zoning Regulations ("SBZR") and 24 V.S.A., Chapter 117, as amended.
The Appellants propose that the City of South Burlington's approval of Master Plan
Application #MP-04-01 be overturned as inconsistent in numerous respects with SBZR.
Dated: April 7, 2005 BURAK A ERSON & MELLONI, PLC
Burlington, Vermont.
Esq.
for R.M. "Skip" and Denise Vallee
S:\Client Mattm\72835\Lcgal\noticeofappeal2.doc
)ost-' I Fax Note 7671 Date (� !/ G pages
To From
Co./Dept. Co.
Phone # Phone #
Fax # Fax #
CITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
SOUTH VILLAGE COMMUNITIES, LLC
MASTER PLAN APPLICATION #MP-04-01
FINDINGS of FACT & DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is seeking
Master Plan approval pursuant to Section 15.07 of the South Burlington Land
Development Regulations for a planned unit development consisting of: 1) a 334
residential unit traditional neighborhood design to include single-family, two-family, and
multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre
community -supported farm, 1840 Spear Street. Master Plan approval for this property is
required by Section 15.07(B)(1) of the South Burlington Land Development Regulations
as a prerequisite to the development of ten (10) or more residential units in the
Southeast Quadrant Zoning District (SEQ). The Development Review Board held its final
public hearing on the subject application on February 8, 2005.
Based on testimony provided at the above mentioned public hearings and the plans and
supporting materials in the document file for this application, the Development Review
Board finds, concludes, and decides the following:
FINDINGS of FACT
1. This application consists of a Master Plan for a planned unit development
consisting of 334 residential units; a 100-student educational facility, and a 35-
acre community -supported farm, 1840 Spear Street.
2. The application is based upon a plan entitled "South Village — Master Plan --
Spear Street — South Burlington, Vermont".
3. The owner of record of the property is Paul Calkins.
4. The application was deemed complete pursuant to 15.07(3) of the Land
Development Regulations.
Master Plan Application
The following information was relied upon in making this decision, pursuant to Section
15.07(C)(3) of the Land Development Regulations:
a. An accurate Master Plan has been submitted.
b. The title block is "South Village — South Burlington, Vermont — Spear Street and
Allen Road."
c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks
Kiss; TND Engineering; LandWorks; and Applied Ecological Services, Inc.
d. A list of abutters was provided with the application and the names of abutters are
included on sheet C2.1 of the plans.
e. The Master Plan application and the plans referenced in (b) above include the
following information:
i. The combined area of the property subject to the Master Plan is
224.18 acres.
ii. The plan indicates that 58.3 acres (Phase '1.- 25 acres; Phase 2:
18.2 acres; and Phase 3: 15.1 acres) are proposed for
development and 165.88 acres are proposed for open space.
iii. Public amenities and facilities indicated on the plans include public
streets, a public water system, a public sewer system; a public
stormwater drainage system, and a public recreation path.
iv. The maximum overall coverage proposed for the property is
13.9% (30% permitted). The maximum building coverage
proposed for the entire property is 5.5% (15% permitted).
v. The total number of residential dwelling units proposed by the
applicant for the entire property is 334. This total includes the 269
units yielded through the base density in the Southeast Quadrant
(1.2 units/acre), plus the 65 units yielded through the 25% density
bonus for providing mixed -rate housing, pursuant to Section 13.14
of the Land Development Regulations.
A The traffic study prepared by TND Engineering estimates a
maximum PM peak hour VTE count of 336.
vii. The sewer and water master plan is depicted on sheet C5.0 of the
plans and has been reviewed by the City Engineer and the
Superintendent of South Burlington Water Department.
viii. The roadway and sidewalk details, including the proposed
hierarchy system, are outlined on sheets T4.1 though T4.6 of the
plans. The plans have been reviewed and by the Director of
Public Works.
ix. The existing conditions plans on sheet C2.1 of the plans depict 2'
contour intervals. Other sheets depict 5' contour intervals, which
are in compliance with this requirement.
x. The boundary survey for the property is depicted on sheet 51.0 of
the plans.
A The proposed northerly and southerly street intersections have
been staked in the field and have been designed to intersect
existing driveways and/or undeveloped lots along the westerly
side of Spear Street.
xii. The roadway waivers that the applicant is requesting are as
follows:
Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes provided that adequate clearances are provided for large vehicle
turning movements).
1)
® Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' with parking on one side; and 24' with no striped parking (parking is
prohibited).
® Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180'
(25 mph).
® Minimum radius of curves for local streets from 300' to 180'.
a Minimum tangent length between curves for collector streets from 150' to 50'.
0 Minimum tangent length between curves for local streets from 100' to 50'.
Minimum distance between centerline offsets for local streets from 200' to those
dimensions outlined below:
C Street to D Street along F Street - 145'
r G Street to C Street along F Street - 150'
�- G Street to B Street along F Street - 145'
o Common Lane (south) to E Street along E Street - 60'
o Common Lane (south) to E Street along D Street - 86'
Common Lane (north) to A Street along A Street - 50'
Common Lane (north) to A Street along B Street - 190'
® Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
(25 mph posted speed). No waiver is requested for proposed street intersections
at Spear Street.
QD Minimum vertical (stopping) sight distance from 200' to 150' for local streets (25
mph posted speed).
® Minimum horizontal (comer) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic. No waiver is
requested for proposed street intersections at Spear Street
® Minimum horizontal (comer) sight distance for local streets from 500' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic.
xiii. The Southeast Quadrant dimensional standard waivers that the
applicant is requesting are as follows:
A Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
® Single-family maximum building coverage from 15% to 42%.
® Single-family maximum lot coverage from 30% to 61 %.
® Single-family front yard setback from 20' to 10'.
® Single-family rear yard setback from 30' to 10' (5' for rear lanes).
® Multi -family maximum building coverage from 15% to 50%.
® Multi -family maximum lot coverage from 30% to 65%.
Multi -family front yard setback from 20' to 10'.
® Multi -family rear yard setback from 30' to 5'.
b. Proposed Development Areas in the Master Plan Application
The Master Plan application includes three (3) proposed development areas, as follows:
Phase 1: Village Center
156 units and a 100-student
school, southwesterly
portion of property.
Phase 2: Fields Edge
99 units, northwesterly
portion of property.
Phase 3: The Ridge
79 units, southeasterly
portion of the property.
The maximum number of units allowed on this property is 334. The plans submitted
depict a total of 335 units, so one (1) unit shall be deleted from Phase 3 of the Master
Plan, for a total of 79 units.
Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations,
Master Plans shall comply with the following standards and conditions:
1. §15.13(A)(1) Sufficient water supply and wastewater disposal capacity is
available to meet the needs of the project in conformance with applicable State
and City requirements, as evidenced by a City water allocation, City wastewater
allocation, and/or Vermont Water and wastewater Permit from the Department of
Environmental Conservation.
The City does not currently have adequate water supply capacity to serve the proposed
project, which is estimated to demand 115,000 gallons per day. However, the additional
water supply storage that the City is in the process of constructing will be sufficient to
supply the demand of the proposed project. The Bartlett Bay wastewater treatment
facility currently has sufficient capacity to serve the proposed project, which is estimated
to generate 72,000 gallons per day. The City Wastewater Ordinance has specific
provisions to allow large-scale project to obtain wastewater allocation permits during the
approvals of specific phases of a Master Plan. Thus, the applicant will obtain water
allocation and wastewater allocation approval at each of the three (3) proposed phases
of this project. In addition, the applicant will obtain State permits in conjunction with the
approval of the three (3) phases of this project.
2. §,15.18(A)(2) Sufficient grading and erosion controls will be utilized during
construction and after construction to prevent soil erosion and runoff from
creating unhealthy or dangerous conditions on the subject property and adjacent
4
properties. In making this finding, the DRS may rely on evidence that the project
will be covered under the General Permit for Construction issued by the Vermont
Department of Environmental Conservation.
Individual preliminary and final plat applications will be evaluated for conformance with
this criterion and the provisions of Article 16 of the Land Development Regulations,
Construction and Erosion Control.
3. §15.18(A)(3) The project incorporates access, circulation and traffic
management strategies sufficient to prevent unreasonable congestion of adjacent
roads. In making this finding the DRIB may rely on the findings of a traffic study
submitted by the applicant, and the findings of any technical review by City staff
or consultants.
The applicant submitted a traffic impact study prepared by TND Engineering, dated
through December 22, 2004. The applicant also submitted a traffic impact study
addendum, dated through December 22, 2004. Both of these documents were
submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil,
provided his finding on the proposed roadway design waivers in a memorandum dated
February 7, 2005. The specific traffic management strategies to control access and
circulation for the proposed project will be conditioned and implemented at each of the
three (3) phases of this Master Plan. John Dietrich provided his finding on the proposed
roadway design waivers in a memorandum dated February 4, 2005.
The Director of Public Works has been extensively involved in the review of this Master
Plan because of the significance of the public roadway waivers the applicant is
requesting. His comments are outlined in two (2) memorandums dated November 21,
2002 and September 7, 2004.
4. §15.18(A)(4) The project's design respects and will provide suitable protection
to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and
any unique natural features on the site. In making this finding the DRB shall
utilize the provisions of Article 12 of these Regulations related to wetlands and
stream buffers, and may seek comment from the Natural Resources Committee
with respect to the project's impact on natural resources.
The subject property has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class II wetland
and its associated 50' wide buffer in two (2) locations. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property. The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 80 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area.
The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated
June 2004, addressing the project's wildlife impacts.
The South Burlington Natural Resources Committee (NRC) reviewed the proposed
Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of
the applicant's wetland consultant's memorandum referenced above and the applicant's
wildlife study referenced above_ In addition, the NRC visited the site with the applicant,
the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil
engineer, and other applicable parties. The NRC's recommended approval of the
proposed Master Plan with the following conditions:
1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat
protection considerations;
2. phase in east -west roadway based on City need and/or project need;
3. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
4. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
5. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
6_ no pesticide application;
7. no mowing in wetlands and/or their buffers;
8. disturbance of wetland vegetation should be limited to remediation activities;
9. no planting non-native species in wetlands or their buffers.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
I
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of
the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic management, and community planning perspective.
5. §15.18(A)(5) The project is designed to be visually compatible with the planned
development patterns in the area, as specified in the Comprehensive Plan and the
purpose of the zoning district(s) in which it is located.
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant
District (SEQ) is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agricultural
use, and well planned residential use in the largely undeveloped area of the City known
as the Southeast Quadrant_ The open character and scenic views offered in this area
have long been recognized as very special and unique resources in the City and worthy
of protection. The location and clustering of buildings and lots in a manner that in the
judgment of the Development Review Board will best preserve the open space character
of this area shall be encouraged_
The proposed Master Plan is visually compatible with the planned development patterns
of the Southeast Quadrant. The buildings, building lots, and roads are clustered and
concentrated towards the westerly portion of the property, creating significant open
space areas in the central and easterly portions of the subject property. The more than
165 acres of open space preserved through this Master Plan will maintain the open
character of the area and will protect wetlands, woodlands, and wildlife habitat. By
eliminating the proposed units in the upper portion of Phase 3, the applicant has
increased the protection of wildlife habitat functions and natural resource on the
property.
The proposed Master Plan complies with the building height requirements for the Spear
Street — Allen Road Scenic View Protection Overlay District, as outlined in Section
10.03(F) of the Land Development Regulations. A total of 35 acres of the land within this
scenic overlay district will be devoted to a community -supported farm.
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6. §15.18(A)(6) ®pen space areas on the site have been located in such a way as to
maximize opportunities for creating contiguous open spaces between adjoining
parcels and/or stream buffer areas.
The layout proposed through this Master Plan will preserve over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous open space corridors with the
properties to the south and north of the subject property.
7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire
Chief or his designee to insure that adequate fire protection can be provided, with
the standards for approval including, but not be limited to, minimum distance
between structures, street width, vehicular access from two directions where
possible, looping of water lines, water flow and pressure, and number and
location of hydrants. All aspects of fire protection systems shall be designed and
installed in accordance with applicable codes in all areas served by municipal
water.
The South Burlington Fire Chief reviewed the master plan to assess the proposed
roadway layout. His comments are included in a memorandum dated September 2,
2004. The Fire Chief will review the location of hydrants and other details related to fire
protection within each of the three (3) phases during the preliminary and final plat review
of each phase.
8. §15.18(A)(8) Roads, recreation paths, stormwater facilities, sidewalks,
landscaping, utility lines and lighting have been designed in a manner that is
compatible with the extension of such services and infrastructure to adjacent
properties.
The general layout of the roads, recreation paths, and utilities is adequate to facilitate
the extension of such services to adjacent properties.
9. §15.18(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are
designed in a manner that is consistent with City utility and roadway plans and
maintenance standards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
The overall road layout and hierarchy system are adequate and have been approved by
the Director of Public Works and the Fire Chief. The overall recreation path layout was
reviewed by the South Burlington Recreation Path Committee and comments were
provided in memorandums from Tom Hubbard, the Director of the South Burlington
Recreation Department, dated November 2, 2004 and December 10, 2004. The
landscaping and utility details will be reviewed during the subsequent preliminary and
final plat stages of the individual phases.
10. §15.18(A)(10) The project is consistent with the goals and objectives of the
Comprehensive Plan for the affected district(s).
M
The proposed Master Plan is consistent with the following objectives for the Southeast
Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan:
a. Preserve and enhance the open character, natural resources, and scenic views
of the Southeast Quadrant, while allowing carefully planned development.
b. Maintain a rate, location, intensity, and timing of future development in the
Southeast Quadrant that is in accord with the physical characteristics of the land
and the availability of municipal services and facilities, and which is consistent
with the City's population growth objectives and land use recommendations.
c. Promote a variety of residential patterns and styles, including a fair share of
affordable housing, while preserving the special character of the Southeast
Quadrant.
Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations,
Master Plans shall comply with the following standards and conditions:
1. §15.18(B)(1) Open space and development areas shall be located so as to
maximize the aesthetic values of the property in keeping with the Comprehensive
Plan goal of preserving and enhancing the open character, natural areas, and
scenic views of the Quadrant, while allowing carefully planned development.
As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and
15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes
extensive open space and natural resource protection. The plan incorporates over 165
acres of dedicated open space, mainly in the central and easterly portions of the subject
property. The surface area and location of this open space will be integral to protecting
important natural resources, including wetlands, woodlands, and wildlife.
The Spear Street — Allen Road Scenic View Protection Overlay District overlaps a large
portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic
overlay district and indicates the maximum building height allowed within this scenic
overlay district, as outlined in Section 10.03(F) of the Land Development Regulations.
The proposed buildings conform to the height restrictions for the Spear Street — Allen
Road Scenic View Protection Overlay District. At the preliminary and final plat review
stages of each of the three (3) phases, the maximum building height of each lot shall be
indicated on the plans.
2. §15.18(B)(2) Building lots, streets and other structures shall be located in a
manner that maximizes the protection of the open character, natural areas, and
scenic views of the (quadrant identified in the Comprehensive Plan, while allowing
carefully planned development at the overall base densities provided in these
Regulations.
The proposed buildings, building lots, streets, and other structures have been designed
to create the open space areas discussed above, in response to Section 15.18(B)(1) of
the Land Development Regulations.
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3. §15.-18(B)(3) Existing natural resources on each site shall be protected through
the development plan, including streams, wetlands, floodplains, wildlife habitat
and corridors including those areas identified in the South Burlington ®pen Space
Strategy, and special natural and/or geologic features such as mature forests,
headwaters areas, and prominent ridges.
The subject property has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class II wetland
and its associated 50' wide buffer in two (2) locations. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property. The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 84 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave
Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife
impacts.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are all in conflict with regard to Phase 3
of the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
®1
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic management, and community planning perspective.
4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall
be designed and located to maximize the potential for combination with other
open spaces on adjacent properties.
The layout proposed through this Master Plan will create over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous space corridors with the properties to
the south and north of the subject property.
5. §15.18(B)(5) The conservation of existing agricultural production values on
lands in the SEQ is encouraged through development planning that avoids
impacts on prime agricultural soils as defined in the South Burlington Open Space
Strategy and provides buffer areas between existing agricultural operations and
new development, roads, and infrastructure.
There are no existing agricultural operations on the subject property. However, the
Master Plan includes a 35-acre community -supported farm, which will reinstate active
agricultural operations into the area.
6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be
established by the applicant describing the intended use and maintenance of each
area. Continuance of agricultural uses or enhancement of wildlife habitat values
in such plans for use and maintenance is encouraged.
The applicant submitted an open space management plan for the subject property. This
document is entitled "South Village — South Burlington, Vermont — Community Land
Management Plan", dated November 2004. In addition, the applicant submitted an
ecological restoration and management program plan, dated December 17, 2004. Steve
Apfeibaum, the author of the ecological restoration and management program plan,
submitted a follow-up letter dated February 1, 2005. This letter responded to questions
raised by members of the Development Review Board on January 4, 2005.
7. §15.18(B)(7) In the absence of a specific finding by the DRB that an alternative
location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned
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public facilities as depicted on the Official Map, including but not limited to
recreation paths, streets, park land, schools, and sewer and water facilities.
The Proposed Master Plan is in compliance with the South Burlington Official Map,
which was last revised on February 14, 2004.
Other Applicable Criteria
1. § 9.08(B) In connection with approval of a PUD, the Development Review Board
may allow development activities in addition to those authorized under Section
9.06(B) to occur in restricted areas or allow residential lots or portions of
residential lots to be located in restricted areas provided the Development Review
Board determines that such development activities are consistent with the intent
and purpose of the Southeast Quadrant District.
The subject property contains a number of "restricted areas". These "restricted areas"
were established to protect land for one (1) of the following reasons: to facilitate planned
roadways; to protect scenic views; or to protect wetland and other natural resources.
The proposed Master Plan does have buildings and building lots within these "restricted
areas". Phase 1, Phase 2, and Phase 3 all have development proposed in a "restricted
area" designated to facilitate planned roadways. The applicant has proposed a roadway
network through the property that connects Midland Avenue to Spear Street, in addition
to providing a means of access to the property to the north. Thus, the "restricted areas",
designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official
Zoning Map", are no longer necessary.
Phase 1 and Phase 2 have development proposed in a "restricted area" designated to
protect scenic views. Most of this "restricted area" overlaps the Spear Street — Allen
Road Scenic View Protection Overlay District. The applicant is following the building
height requirements for the Spear Street — Allen Road Scenic View Protection Overlay
District, as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
development in the "restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this `restricted area" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area"
designated to protect natural resources. The applicant originally proposed
approximately 65 units within a "restricted area" that the City has identified as a
potentially important wildlife habitat corridor. Per the request of staff and the
Development Review Board, the applicant removed most of these units, which
significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the
wildlife impacts in this area have been minimized and the nine (9) lots proposed within
12
the restricted area are acceptable. Staff notes, however, that significant landscaping will
be required in this area to further reduce the impacts of the proposed project.
DECISION
Based on the above Findings of Fact, the South Burlington Development Review Board
approves Master Plan application #MP-04-01, of South Villages Communities, LLC, for
334 residential units, a 100-student school, and a 35-acre community -supported farm.
Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application
#MP-04-01 is hereby approved with conditions.
A. Decision with Respect to Master Plan Umbrella Criteria:
The Development Review Board approves the following Master Plan "umbrella criteria"
pursuant to §15.07(D)(3) of the Land Development Regulations:
a. Overall density and number of residential dwelling units: A
maximum number of 334 residential dwelling units are approved for a
total density of 1.5 units/acre. The base density in the Southeast
Quadrant of 1.2 units/acre yields a total of 269 units. The 25% density
bonus for providing mixed -rate housing, as determined by Section 13.14
of the Land Development Regulations, accounts for the additional 65
units.
b. Building and impervious coverage: A total building coverage of 5.5%
and a total impervious coverage of 13.9% are approved for the master
plan. These are overall limits for the entire South Village property subject
to this approval. Within the individual development phases, as described
and approved in this decision, these overall limits may be exceeded
provided the applicable Southeast Quadrant zoning district limitations of
fifteen percent (15%) for buildings and thirty percent (30%) overall are
met.
c. Location, layout, capacity and number of collector roadways: The
collector roadway system is approved as shown on the Master Plan.
d. Land development proposed in any area previously identified as
permanent open space in the approved Master Plan application: All
areas not approved as development areas in this Master Plan are to be
utilized exclusively for open space use.
e. Maximum number of vehicle trip ends: A maximum of 336 PM peak
hour trip ends from all approved residential and non-residential uses is
approved for the South Village property.
B. Decision with Respect to Individual Development Areas — Proposed as fart
of this Master Plan Application:
a. Phase 1: Village Center: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
13
b. Phase 2: Fields Edge: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through
this application, is approved as a development area.
CONDITIONS
The Development Review Board finds and concludes that the following conditions are
necessary for the Master Plan application to meet the City's requirements and standards
for approval:
1. This approval shall be for 269 units of market -rate housing, and 65 units of affordable
housing as defined in Article 2 of the South Burlington Land Development Regulations.
In no case shall a zoning permit be issued for more than 269 units of market -rate
housing.
2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development
Regulation, the Development Review Board requires each of the three (3) phases
included in this Master Plan to obtain separate preliminary plat approval and final plat
approval in accordance with Section 15.18 of the Land Development Regulations.
3. If the proposed 100-student school is not incorporated into Phase 1 of the Master
Plan, it shall be subject to site plan approval, pursuant to Article, 14 of the Land
Development Regulations.
4. Any development on the agriculture component of this project that does not fall within
the State of Vermont's exemption shall be subject to Site Plan review, pursuant to Article
14 of the Land Development Regulations.
5. The preliminary plat and/or final plat plans for each of the three (3) phases included in
this Master Plan shall be reviewed by the South Burlington Fire Chief, the
Superintendent of the South Burlington Water Department, the South Burlington Director
of Public Works, and the South Burlington City Engineer.
6. Any application for amendment of the Master Plan or preliminary plat plan that
deviates from the Master Plan in any one or more of the following respects shall be
considered a new application for the property and shall require sketch plan review as
well as approval of an amended Master Plan:
a) An increase in the approved building coverage or overall site coverage, or an
increase in the number of residential dwelling units for the property subject to the
Master Plan;
b) A change in the location, layout, capacity or number of collector roadways on the
property subject to the Master Plan;
c) Land development proposed in any area previously identified as permanent open
space in the approved Master Plan application;
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d) A change that will result in an increase in the number of P.M. peak hour vehicle
trip ends projected for total buildout of the property subject to the Master Plan.
7. Pursuant to Section 'I5.07(D)(5) of the Land Development Regulations the following
minor land development activities will not require Development Review Board approval
and may be undertaken pursuant to issuance of a zoning permit:
a) The addition of decks to dwelling units;
b) The addition of porches to dwelling units;
c) The enclosure of decks;
d) The addition of accessory structures, pursuant to Section 3.10 of the Land
Development Regulations;
e) Other minor land development activities at the discretion of the Administrative
Officer.
8. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant
shall submit a plan for the management and maintenance of the dedicated open spaces
created through this Master Plan. The management and maintenance plans shall be
submitted to and approved by the Director of Planning and Zoning, prior to final plat
approval for Phase 1 of this Master Plan. Any issues on which the Director of Planning
and Zoning seeks technical review shall be conducted at the applicant's expense.
9. The Master Plan shall be revised to show the following changes. Four (4) copies of the
approved revised plat plans shall be submitted to the Administrative Officer prior to
recording:
a) The plans shall be revised to depict a maximum of 334 dwelling units.
10. All proposed public roadways in conjunction with this project shall be constructed
with a minimum design speed of 25 mph.
11. The roadway identified as "L Street" on the plans last revised on December 23,
2004 shall be constructed, and open for traffic, through to the existing roadway terminus
at Midland Avenue prior to issuance of the zoning permit for the 206'h unit in this project.
12_ The applicant shall install signalization at the intersection of Spear Street and Allen
Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in
Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans for signalization prior to construction.
13. 'The applicant shall construct southbound left -turn lane on Spear Street at the "Main
Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit
in Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans prior to construction.
14. The applicant shall construct the southbound left -turn lane on Spear Street at the
"South Entrance" of the project, prior to issuance of the last zoning permit for a dwelling
unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all
plans prior to construction.
15
15. The applicant shall construct southbound left -turn lane on Spear Street at the "North
Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in
Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans
prior to construction.
16. The applicant shall contribute the sum of $20,000 to the City of South Burlington to
be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic
calming measures on Midland Avenue. The City Council shall have sole discretion to
allocate these funds among the intersection upgrades and traffic calming measures.
17. The applicant shall have ninety (90) days from the date of this approval to execute a
development agreement with the City Council, governing the timing and disposition of
required payments and any required sureties for roadway, intersection, and
infrastructure work.
18. The water infrastructure and wastewater infrastructure shall be constructed through
to the existing infrastructure terminus in Dorset Farms at the onset of Phase 1 (Village
Center). The Director of Public Works and Superintendent of the Water Department shall
approve all specifications and plans for this infrastructure.
19. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1
(Village Center).
20. Phase 2 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to the issuance of the first zoning permit for a dwelling unit is Phase 2
(Fields Edge).
21. Phase 3 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to the issuance of the zoning permit for the 206"' unit in this project.
22. The applicant shall hire a full-time on -site construction inspector, to be paid for by the
applicant and approved by the Director of Public Works, prior to initiation of any
improvements on the site. The construction inspector shall be present throughout the
construction on these improvements. Any change to this condition shall require written
approval of the City of South Burlington, signed by the City Manager and the Director of
Planning and Zoning.
23. All sewage pumping stations shall remain private and shall be maintained by the
homeowners association(s), unless otherwise determined by the Water Pollution Control
Superintendent and the Director of the Public Works.
24. The following components of the Master Plan shall be reviewed at the preliminary plat
and/or final plat stages of the individual phases:
a) Street lighting details
b) Street landscaping details
c) Curb -cut locations and details
I•
d) Re-evaulation of traffic mitigation measures and implementation details
25. The Development Review Board approves the following roadway waivers from the
Land Development Regulations:
Is Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes" provided that adequate clearances are provided for large
vehicle turning movements).
® Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' in sections with parking on one side; and 24' in sections with no striped
parking (parking is prohibited along Section RD-50).
Minimum centerline radius of curves for collector streets from 500' to 300'
(sections with 30 mph posted speed) or 180' (sections with 25 mph posted
speed).
ID Minimum centerline radius of curries for local streets from 300' to 180'.
0 Minimum tangent length between curves for collector streets from 150' to 50'.
1e Minimum tangent length between curves for local streets from 100' to 50'.
EV Minimum distance between centerline offsets for local streets from 200' to the
dimensions specified below:
d C Street to D Street along F Street - 145'
G Street to C Street along F Street - 150'
o G Street to B Street along F Street - 145'
Common Lane (south) to E Street along E Street - 60'
Common Lane (south) to E Street along D Street - 86'
Common Lane (north) to A Street along C Street - 50'
�- Common Lane (north) to A Street along B Street - 190'
® Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
with a 25 mph posted speed. No waiver is requested for proposed street
intersections at Spear Street.
® Minimum vertical (stopping) sight distance from 200' to 150' for local streets with
a 25 mph posted speed.
Minimum horizontal (comer) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic. No
waiver is requested for proposed street intersections at Spear Street.
17
o Minimum horizontal (comer) sight distance for local streets from 300' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic.
26. The Development Review Board approves the following waivers from the Southeast
Quadrant dimensional standards, as outlined in the Land Development Regulations:
® Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
® Single-family maximum building coverage from 15% to 42%.
Single-family maximum lot coverage from 30% to 61 %.
Single-family front yard setback from 20' to 10'.
Single-family rear yard setback from 30' to 10' (5' for rear lanes).
Multi -family maximum building coverage from 15% to 50%.
Multi -family maximum lot coverage from 30% to 65%.
Multi -family front yard setback from 20' to 10'.
Multi -family rear yard setback from 30' to 5'.
27. Any future requests for waivers will be reviewed in conjunction with the site -specific
preliminary plat or final plat reviews for individual development areas.
28. Any changes to the final plat plans shall require approval of the Development
Review Board.
29. The Master Flan (sheets S1.0 and S1.1) shall be recorded in the land records within
90 days or this approval is null and void. The plans shall be signed by the Development
Review Board Chair or Clerk prior to recording.
is
. # I
John Dinklage
kc-
Bolton
I�ark Boucher
Rdjer Farley 41
L KUPArman
IC2_
LAI
GaylqjrQuimby
Signed on the day of March, 2005
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
19
PAUL FRANK COLLINS P.C.
April 7, 2005
HAND -DELIVERED BY COURIER
Mr. Raymond Belair
Planning and Zoning Department
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Mark G. Hall
mhall@PFC/aw.com
RECEIVED
APR d �a iJ4b
City of So. Eurington
Re: South Village PUD -Calkins/South Village Communities, LLC
Master Plan Application #MP-04-01
Motion to Reconsider Findings of Fact and Decision
Dear Mr. Belair:
As you know, on March 10, 2005, the City of South Burlington Development Review
Board (the "DRB") issued its Findings of Fact and Decision for the Master Plan
Application #MP-04-01 (the "Decision") of South Village Communities, LLC (the
"Developer") for the proposed "South Village" project on the Calkins Farm property
along Spear Street. Enclosed is a motion and request on behalf of the Developer to the
DRB to reconsider its Decision and the conditions contained therein. The request is for
the DRB to generally reconsider its Decision, but with a focus upon the following
conditions:
a) Condition #11— The roadway identified as "L Street"
on the plans last revised on December 23, 2004 shall be
constructed, and open for traffic, through to the existing
roadway terminus at Midland Avenue prior to issuance of
the zoning permit for the 206`h unit in this project.
b) Condition #18 — The water infrastructure and
wastewater infrastructure shall be constructed through to
the existing infrastructure terminus in Dorset Farms at the
onset of Phase 1 (Village Center). The Director of Public
Works and Superintendent of the Water Department shall
approve all specifications and plans for this infrastructure.
c) Condition #21— Phase 3 of the recreation path (as
identified on sheet L-1 of the plans) shall be constructed
prior to the issuance of the zoning permit for the 2061h unit
in this project.
We will supplement this filing and the enclosed motion next week with a more detailed
statement of our concerns with the aforementioned conditions. However, we believe that
ATTORNEYS AT LAW I www.PFC/aw.com
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042
A Member of TerraLex® The Worldwide Network of Independent Law Firms
Mr. Raymond Belair
City of South Burlington
April 7, 2005
Page 2 of 2
the filing of the enclosed motion tolls the applicable appeal period until such time as the
DRB issues a decision upon the Developer's motion. Thank you for your attention to this
matter and please contact me if you require further information.
Cordially yours,
PAUL FRANK + COLLINS P.C.
Mark G. Hall
cc: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
415777 v1:8346-00001
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
MOTION AND REQUEST TO RECONSIDER
FINDINGS OF FACT AND DECISION
IN RE: SOUTH VILLAGE COMMUNITIES, LLC.
Master Plan Application #MP-04-01
NOW COMES the Applicant, South Village Communities, LLC, by and through
their attorneys, Paul, Frank + Collins P.C., to request that the City of South Burlington
Development Review Board (the "DRB") reconsider its Findings of Fact and Decision
(the "Decision), dated March 10, 2005 for the proposed South Village Development to be
located at 1840 Spear Street, South Burlington, Vermont. The Applicant requests that, at
a minimum, the DRB reconsider the following conditions contained in the Decision:
a) Condition #11— The roadway identified as "L Street"
on the plans last revised on December 23, 2004 shall be
constructed, and open for traffic, through to the existing
roadway terminus at Midland Avenue prior to issuance of
the zoning permit for the 2061h unit in this project.
b) Condition #18 — The water infrastructure and
wastewater infrastructure shall be constructed through to
the existing infrastructure terminus in Dorset Farms at the
onset of Phase 1 (Village Center). The Director of Public
Works and Superintendent of the Water Department shall
approve all specifications and plans for this infrastructure.
c) Condition #21— Phase 3 of the recreation path (as
identified on sheet L-1 of the plans) shall be constructed
prior to the issuance of the zoning permit for the 2061h unit
in this project.
A copy of the Findings of Fact and Decision is attached hereto.
RECEIVED
APR, Q ? Z=
City of So. Burlington
DATED at Burlington, Vermont, this 7th day of April, 2005.
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
BY:
Mark G. Hall, Esq.
PO Box 1307
Burlington, VT 05402-1307
cc: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
415760 vl: 8346-00005
CITY of SOUTH BURLINGTON I_�if MAR 17 2005 U
DEPARTMENT of PLANNING & ZONING
SOUTH VILLAGE COMMUNITIES, LLC
MASTER PLAN APPLICATION #MP-04-01
FINDINGS of FACT & DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is seeking
Master Plan approval pursuant to Section 15.07 of the South Burlington Land
Development Regulations for a planned unit development consisting of: 1) a 334
residential unit traditional neighborhood design to include single-family, two-family, and
multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre
community -supported farm, 1840 Spear Street. Master Plan approval for this property is
required by Section 15.07(B)(1) of the South Burlington Land Development Regulations
as a prerequisite to the development of ten (10) or more residential units in the
Southeast Quadrant Zoning District (SEQ). The Development Review Board held its final
public hearing on the subject application on February 8, 2005.
Based on testimony provided at the above mentioned public hearings and the plans and
supporting materials in the document file for this application, the Development Review
Board finds, concludes, and decides the following:
FINDINGS of FACT
1. This application consists of a Master Plan for a planned unit development
consisting of 334 residential units; a 100-student educational facility, and a 35-
acre community -supported farm, 1840 Spear Street.
2. The application is based upon a plan entitled "South Village — Master Plan —
Spear Street — South Burlington, Vermont".
3. The owner of record of the property is Paul Calkins.
4. The application was deemed complete pursuant to 15.07(3) of the Land
Development Regulations.
Master Flan Application
The following information was relied upon in making this decision, pursuant to Section
15.07(C)(3) of the Land Development Regulations:
a. An accurate Master Plan has been submitted.
b. The title block is "South Village — South Burlington, Vermont — Spear Street and
Allen Road."
c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks
Kiss; TND Engineering: LandWorks: and Applied Ecological Services, Inc.
d. A list of abutters was provided with the application and the names of abutters are
included on sheet C2.1 of the plans.
e. The Master Plan application and the plans referenced in (b) above include the
following information:
i. 1 he combined area of the property subject to the Master Plan is
224.18 acres.
ii. The plan indicates that 58.3 acres (Phase 1: 25 acres; Phase 2:
18.2 acres; and Phase 3: 15.1 acres) are proposed for
development and 165.88 acres are proposed for open space.
iii. Public amenities and facilities indicated on the plans include public
streets, a public water system, a public sewer system; a public
stormwater drainage system, and a public recreation path.
iv. The maximum overall coverage proposed for the property is
13.9% (30% permitted). The maximum building coverage
proposed for the entire property is 5.5% (15% permitted).
v. The total number of residential dwelling units proposed by the
applicant for the entire property is 334_ This total includes the 269
units yielded through the base density in the Southeast Quadrant
(1.2 units/acre), plus the 65 units yielded through the 25% density
bonus for providing mixed -rate housing, pursuant to Section 13.14
of the Land Development Regulations.
A The traffic study prepared by TND Engineering estimates a
maximum PM peak hour VTE count of 336.
vii. The sewer and water master plan is depicted on sheet C5.0 of the
plans and has been reviewed by the City Engineer and the
Superintendent of South Burlington Water Department.
viii. The roadway and sidewalk details, including the proposed
hierarchy system, are outlined on sheets T4.1 though T4.6 of the
plans. The plans have been reviewed and by the Director of
Public Works.
ix. The existing conditions plans on sheet C2.1 of the plans depict 2'
contour intervals. Other sheets depict 5' contour intervals, which
are in compliance with this requirement.
x. The boundary surrey for the property is depicted on sheet S1.0 of
the plans.
xi. The proposed northerly and southerly street intersections have
been staked in the field and have been designed to intersect
existing driveways and/or undeveloped lots along the westerly
side of Spear Street.
xii. The roadway waivers that the applicant is requesting are as
follows:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes provided that adequate clearances are provided for large vehicle
turning movements).
2
® Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' with parking on one side; and 24' with no striped parking (parking is
prohibited).
Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180'
(25 mph).
• Minimum radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
Minimum tangent length between curves for local streets from 100' to 50'.
® Minimum distance between centerline offsets for local streets from 200' to those
dimensions outlined below:
➢ C Street to D Street along F Street - 145'
➢ G Street to C Street along F Street - 150'
➢ G Street to B Street along F Street - 145'
➢ Common Lane (south) to E Street along E Street - 60'
Common Lane (south) to E Street along D Street - 86'
Common Lane (north) to A Street along A Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
® Minimum vertical (stopping) sight distance from 300' to 150' For collector streets
(25 mph posted speed). No waiver is requested for proposed street intersections
at Spear Street.
Minimum vertical (stopping) sight distance from 200' to 150' for local streets (25
mph posted speed).
Minimum horizontal (corner) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic. No waiver is
requested for proposed street intersections at Spear Street
• Minimum horizontal (comer) sight distance for local streets from 500' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic.
xiii. The Southeast Quadrant dimensional standard waivers that the
applicant is requesting are as follows:
• A Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
Single-family front yard setback from 20' to 10'.
® Single-family rear yard setback from 30' to 10' (5' for rear lanes).
® Multi -family maximum building coverage from 15% to 50%.
Multi -family maximum lot coverage from 30% to 65%.
Multi -family front yard setback from 20' to 10'.
Multi -family rear yard setback from 30' to 5'.
Proposed Development Areas in the Master Plan Application
The Master Plan application includes three (3) proposed development areas, as follows:
Phase 1: Village Center
156 units and a 100-student
school, southwesterly
portion of property.
Phase 2: Fields Edge
99 units, northwesterly
portion of property.
79 units, southeasterly
Phase 3: -1 he Ridge
portion of the property.
The maximum number of units allowed on this property is 3314. The plans submitted
depict a total of 335 units, so one (1) unit shall be deleted from Phase 3 of the Master
Plan, for a total of 79 units.
Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations
Master Plans shall comply with the following standards and conditions:
1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is
available to meet the needs of the project in conformance with applicable State
and City requirements, as evidenced by a City water allocation, City wastewater
allocation, and/or Vermont Water and Wastewater Permit from the Department of
Environmental Conservation.
The City does not currently have adequate water supply capacity to serve the proposed
project, which is estimated to demand 115,000 gallons per day_ However, the additional
water supply storage that the City is in the process of constructing will be sufficient to
supply the demand of the proposed project. The Bartlett Bay wastewater treatment
facility currently has sufficient capacity to serve the proposed project, which is estimated
to generate 72,000 gallons per day. The City Wastewater Ordinance has specific
provisions to allow large-scale project to obtain wastewater allocation permits during the
approvals of specific phases of a Master Plan. Thus, the applicant will obtain water
allocation and wastewater allocation approval at each of the three (3) proposed phases
of this project. In addition, the applicant will obtain State permits in conjunction with the
approval of the three (3) phases of this project.
2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized during
construction and after construction to prevent soil erosion and runoff from
creating unhealthy or dangerous conditions on the subject property and adjacent
4
properties. In making this finding, the DRIB may rely on evidence that the project
will be covered under the General Permit for Construction issued by the Vermont
Department of Environmental Conservation.
Individual preliminary and final plat applications will be evaluated for conformance with
this criterion and the provisions of Article 16 of the Land Development Regulations,
Construction and Erosion Control.
3. §15.18(A)(3) The project incorporates access, circulation and traffic
management strategies sufficient to prevent unreasonable congestion of adjacent
roads. In making this finding the DRB may rely on the findings of a traffic study
submitted by the applicant, and the findings of any technical review by City staff
or consultants.
The applicant submitted a traffic impact study prepared by TND Engineering, dated
through December 22, 2004. The applicant also submitted a traffic impact study
addendum, dated through December 22, 2004. Both of these documents were
submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil,
provided his finding on the proposed roadway design waivers in a memorandum dated
February 7, 2005. The specific traffic management strategies to control access and
circulation for the proposed project will be conditioned and implemented at each of the
three (3) phases of this Master Plan. John Dietrich provided his finding on the proposed
roadway design waivers in a memorandum dated February 4, 2005.
The Director of Public Works has been extensively involved in the review of this Master
Plan because of the significance of the public roadway waivers the applicant is
requesting. His comments are outlined in two (2) memorandums dated November 21,
2002 and September 7, 2004.
4. §15.18(A)(4) The project's design respects and will provide suitable protection
to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and
any unique natural features on the site. In making this finding the DRIB shall
utilize the provisions of Article 12 of these Regulations related to wetlands and
stream buffers, and may seek comment from the Natural Resources Committee
with respect to the project's impact on natural resources.
The subject property has a major Class 11 wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class II wetland
and its associated 50' wide buffer in two (2) locations. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property. The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 80 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area.
The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated
June 2004, addressing the project's wildlife impacts.
The South Burlington Natural Resources Committee (NRC) reviewed the proposed
Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of
the applicant's wetland consultant's memorandum referenced above and the applicant's
wildlife study referenced above. In addition, the NRC visited the site with the applicant,
the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil
engineer, and other applicable parties. The NRC's recommended approval of the
proposed Master Plan with the following conditions:
1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat
protection considerations;
2. phase in east -west roadway based on City need and/or project need,
3. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b_ wetland protection features
4. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
5. if wetland experts disagree on the delineation at the DRIB meeting, the NRC
recommends that the DRB invoke technical review;
6. no pesticide application;
7. no mowing in wetlands and/or their buffers;
8. disturbance of wetland vegetation should be limited to remediation activities;
9. no planting non-native species in wetlands or their buffers.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of
the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic management, and community planning perspective.
5_ §15.18(A)(5) The project is designed to be visually compatible with the planned
development patterns in the area, as specified in the Comprehensive Plan and the
purpose of the zoning district(s) in which it is located.
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant
District (SEQ) is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agricultural
use, and well planned residential use in the largely undeveloped area of the City known
as the Southeast Quadrant. The open character and scenic views offered in this area
have long been recognized as very special and unique resources in the City and worthy
of protection. The location and clustering of buildings and lots in a manner that in the
judgment of the Development Review Board will best preserve the open space character
of this area shall be encouraged.
The proposed Master Plan is visually compatible with the planned development patterns
of the Southeast Quadrant. The buildings, building lots, and roads are clustered and
concentrated towards the westerly portion of the property, creating significant open
space areas in the central and easterly portions of the subject property. The more than
165 acres of open space preserved through this Master Plan will maintain the open
character of the area and will protect wetlands, woodlands, and wildlife habitat. By
eliminating the proposed units in the upper portion of Phase 3, the applicant has
increased the protection of wildlife habitat functions and natural resource on the
property.
The proposed Master Plan complies with the building height requirements for the Spear
Street — Allen Road Scenic View Protection Overlay District, as outlined in Section
10.03(F) of the Land Development Regulations. A total of 35 acres of the land within this
scenic overlay district will be devoted to a community -supported farm.
7
6. §15.18(A)(6) ®pen space areas on the site have been located in such a way as to
maximize opportunities for creating contiguous open spaces between adjoining
parcels and/or stream buffer areas.
The layout proposed through this Master Plan will preserve over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. I he
location of this open space will create contiguous open space corridors with the
properties to the south and north of the subject property.
7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire
Chief or his designee to insure that adequate fire protection can be provided, with
the standards for approval including, but not be limited to, minimum distance
between structures, street width, vehicular access from two directions where
possible, looping of water lines, water flow and pressure, and number and
location of hydrants. All aspects of fire protection systems shall be designed and
installed in accordance with applicable codes in all areas served by municipal
water.
The South Burlington Fire Chief reviewed the master plan to assess the proposed
roadway layout. His comments are included in a memorandum dated September 2,
2004. The Fire Chief will review the location of hydrants and other details related to fire
protection within each of the three (3) phases during the preliminary and final plat review
of each phase.
8. §15.18(A)(8) Roads, recreation paths, stormwater facilities, sidewalks,
landscaping, utility lines and lighting have been designed in a manner that is
compatible with the extension of such services and infrastructure to adjacent
properties.
The general layout of the roads, recreation paths, and utilities is adequate to facilitate
the extension of such services to adjacent properties.
9. §15.18(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are
designed in a manner that is consistent with City utility and roadway plans and
maintenance standards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
The overall road layout and hierarchy system are adequate and have been approved by
the Director of Public Works and the Fire Chief. The overall recreation path layout was
reviewed by the South Burlington Recreation Path Committee and comments were
provided in memorandums from Tom Hubbard, the Director of the South Burlington
Recreation Department, dated November 2, 2004 and December 10, 2004. The
landscaping and utility details will be reviewed during the subsequent preliminary and
final plat stages of the individual phases.
10. §15.18(A)(10) The project is consistent with the goals and objectives of the
Comprehensive Plan for the affected district(s).
The proposed Master Plan is consistent with the following objectives for the Southeast
Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan:
a. Preserve and enhance the open character, natural resources, and scenic views
of the Southeast Quadrant, while allowing carefully planned development.
b. Maintain a rate, location, intensity, and timing of future development in the
Southeast Quadrant that is in accord with the physical characteristics of the land
and the availability of municipal services and facilities, and which is consistent
with the City's population growth objectives and land use recommendations.
c. Promote a variety of residential patterns and styles, including a fair share of
affordable housing, while preserving the special character of the Southeast
Quadrant.
Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations
Master Plans shall comply with the followina standards and conditions:
1. §15.18(B)(1) ®pen space and development areas shall be located so as to
maximize the aesthetic values of the property in keeping with the Comprehensive
Plan goal of preserving and enhancing the open character, natural areas, and
scenic views of the Quadrant, while allowing carefully planned development.
As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and
15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes
extensive open space and natural resource protection. The plan incorporates over 165
acres of dedicated open space, mainly in the central and easterly portions of the subject
property. The surface area and location of this open space will be integral to protecting
important natural resources, including wetlands, woodlands, and wildlife.
The Spear Street — Allen Road Scenic View Protection Overlay District overlaps a large
portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic
overlay district and indicates the maximum building height allowed within this scenic
overlay district, as outlined in Section 10.03(F) of the Land Development Regulations.
The proposed buildings conform to the height restrictions for the Spear Street — Allen
Road Scenic View Protection Overlay District. At the preliminary and final plat review
stages of each of the three (3) phases, the maximum building height of each lot shall be
indicated on the plans.
2. §15.18(B)(2) Building lots, streets and other structures shall be located in a
manner that maximizes the protection of the open character, natural areas, and
scenic views of the Quadrant identified in the Comprehensive Plan, while allowing
carefully planned development at the overall base densities provided in these
Regulations.
The proposed buildings, building lots, streets, and other structures have been designed
to create the open space areas discussed above, in response to Section 15.18(B)(1) of
the Land Development Regulations.
M
3. §15.18(B)(3) Existing natural resources on each site shall be protected through
the development plan, including streams, wetlands, floodplains, wildlife habitat
and corridors including those areas identified in the South Burlington Open Space
Strategy, and special natural and/or geologic features such as mature forests,
headwaters areas, and prominent ridges.
The subject property has a major Class 11 wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class II wetland
and its associated 50' wide buffer in two (2),locati.ons. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property. The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This `ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 84 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave
Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife
impacts.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are all in conflict with regard to Phase 3
of the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
10
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
significant number of housing units in this area, and it is very important that they are
connected from a safety, trafficmanagement, and community planning perspective.
4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall
be designed and located to maximize the potential for combination with other
open spaces on adjacent properties.
The layout proposed through this Master Plan will create over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous space corridors with the properties to
the south and north of the subject property.
5. §15.18(B)(5) The conservation of existing agricultural production values on
lands in the SEQ is encouraged through development planning that avoids
impacts on prime agricultural soils as defined in the South Burlington Open Space
Strategy and provides buffer areas between existing agricultural operations and
new development, roads, and infrastructure.
There are no existing agricultural operations on the subject property. However, the
Master Plan includes a 35-acre community -supported farm, which will reinstate active
agricultural operations into the area.
6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be
established by the applicant describing the intended use and maintenance of each
area. Continuance of agricultural uses or enhancement of wildlife habitat values
in such plans for use and maintenance is encouraged.
The applicant submitted an open space management plan for the subject property. This
document is entitled "South Village — South Burlington, Vermont — Community Land
Management Plan", dated November 2004. In addition, the applicant submitted an
ecological restoration and management program plan, dated December 17, 2004. Steve
Apfelbaum, the author of the ecological restoration and management program plan,
submitted a follow-up letter dated February 1, 2005. This letter responded to questions
raised by members of the Development Review Board on January 4, 2005.
7. §15.18(B)(7) In the absence of a specific finding by the ORB that an alternative
location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned
11
public facilities as depicted on the Official Map, including but not limited to
recreation paths, streets, park land, schools, and sewer and water facilities.
The Proposed Master Plan is in compliance with the South Burlington Official Map,
which was last revised on February 14, 2004.
Other Applicable Criteria
1. § 9.08(B) In connection with approval of a PUD, the Development Review Board
may allow development activities in addition to those authorized under Section
9.06(B) to occur in restricted areas or allow residential lots or portions of
residential lots to be located in restricted areas provided the Development Review
Board determines that such development activities are consistent with the intent
and purpose of the Southeast Quadrant District_
The subject property contains a number of "restricted areas". These "restricted areas'
were established to protect land for one (1) of the following reasons: to facilitate planned
roadways; to protect scenic views; or to protect wetland and other natural resources.
The proposed Master Plan does have buildings and building lots within these "restricted
areas". Phase 1, Phase 2, and Phase 3 all have development proposed in a "restricted
area" designated to facilitate planned roadways. The applicant has proposed a roadway
network through the property that connects Midland Avenue to Spear Street, in addition
to providing a means of access to the property to the north. Thus, the "restricted areas",
designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official
Zoning Map", are no longer necessary.
Phase 1 and Phase 2 have development proposed in a "restricted area" designated to
protect scenic views. Most of this "restricted area" overlaps the Spear Street — Allen
Road Scenic View Protection Overlay District. The applicant is following the building
height requirements for the Spear Street — Allen Road Scenic View Protection Overlay
District, as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
development in the "restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant 7oning District, as development in this "restricted area" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area"
designated to protect natural resources. The applicant originally proposed
approximately 65 units within a "restricted area" that the City has identified as a
potentially important wildlife habitat corridor. Per the request of staff and the
Development Review Board, the applicant removed most of these units, which
significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the
wildlife impacts in this area have been minimized and the nine (9) lots proposed within
I ?,
the restricted area are acceptable. Staff notes, however, that significant landscaping will
be required in this area to further reduce the impacts of the proposed project.
DECISION
Based on the above Findings of Fact, the South Burlington Development Review Board
approves Master Plan application #MP-04-01, of South Villages Communities, LLC, for
334 residential units, a 100-student school, and a 35-acre community -supported farm.
Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application
#MP-04-01 is hereby approved with conditions.
A. Decision with Respect to Master Plan Umbrella Criteria:
The Development Review Board approves the following Master Plan "umbrella criteria"
pursuant to §15.07(D)(3) of the Land Development Regulations:
a. Ovora/l donsity and number of residential dwelling units: A
maximum number of 334 residential dwelling units are approved for a
total density of 1.5 units/acre. The base density in the Southeast
OUadrant of 12 units/acre yields a total of 269 units. The 25% density
bonus for providing mixed -rate housing, as determined by Section 13.14
of the Land Development Regulations, accounts for the additional 65
units.
b. Building and impervious coverage: A total building coverage of 5.5%
and a total impervious coverage of 13.9% are approved for the master
plan. These are overall limits for the entire South Village property subject
to this approval. Within the individual development phases, as described
and approved in this decision, these overall limits may be exceeded
provided the applicable Southeast Quadrant zoning district limitations of
fifteen percent (15%) for buildings and thirty percent (30%) overall are
met.
c. Location, layout, capacity and number of collector roadways: The
collector roadway system Is approved as shown on the Master Flan.
d. Land development proposed in any area previously identified as
permanent open space in the approved Master Plan application: All
areas not approved as development areas in this Master Plan are to be
utilized exclusively for open space use.
e. Maximum number of vehicle trip ends: A maximum of 336 PM peak
hour trip ends from all approved residential and non-residential uses is
approved for the South Village property.
B_ Decision with Respect to Individual Development Areas — Proposed as Part
of this Master Plan Application:
a. Phase 1: Village Center: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
13
b. Phase 2: Fields Edge: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through
this application, is approved as a development area.
CONDITIONS
The Development Review Board finds and concludes that the following conditions are
necessary for the Master Plan application to meet the City's requirements and standards
for approval:
1. This approval shall be for 269 units of market -rate housing, and 65 units of affordable
housing as defined in Article 2 of the South Burlington Land Development Regulations.
In no case shall a zoning permit be issued for more than 269 units of market -rate
housing.
2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development
Regulation, the Development Review Board requires each of the three (3) phases
included in this Master Plan to obtain separate preliminary plat approval and final plat
approval in accordance with Section 15.18 of the Land Development Regulations.
3. If the proposed 100-student school is not incorporated into Phase 1 of the Master
Plan, it shall be subject to site plan approval, pursuant to Article 14 of the Land
Development Regulations,
4. Any development on the agriculture component of this project that does not fall within
the State of Vermont's exemption shall be subject to Site Plan review, pursuant to Article
14 of the Land Development Regulations.
5. The preliminary plat and/or final plat plans for each of the three (3) phases included in
this Master Plan shall be reviewed by the South Burlington Fire Chief, the
Superintendent of the South Burlington Water Department, the South Burlington Director
of Public Works, and the South Burlington City Engineer.
6. Any application for amendment of the Master Plan or preliminary plat plan that
deviates from the Master Plan in any one or more of the following respects shall be
considered a new application for the property and shall require sketch plan review as
well as approval of an amended Master Plan:
a) An increase in the approved building coverage or overall site coverage, or an
increase in the number of residential dwelling units for the property subject to the
Master Plan;
b) A change in the location, layout, capacity or number of collector roadways on the
property subject to the Master Plan;
c) Land development proposed in any area previously identified as permanent open
space in the approved Master Plan application;
14
d) A change that will result in an increase in the number of P.M. peak hour vehicle
trip ends projected for total buildout of the property subject to the Master Plan_
7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following
minor land development activities will not require Development Review Board approval
and may be undertaken pursuant to issuance of a zoning permit. -
a) The addition of decks to dwelling units;
b) The addition of porches to dwelling units;
c) The enclosure of decks;
d) The addition of accessory structures, pursuant to Section 3.10 of the Land
Development Regulations;
e) Other minor land development activities at the discretion of the Administrative
Officer.
8. Pursuant to Section15.18 (13)(6) of the Land Development Regulations, the applicant
shall submit a plan for the management and maintenance of the dedicated open spaces
created through this Master Plan. The management and maintenance plans shall be
submitted to and approved by the Director of Planning and Zoning, prior to final plat
approval for Phase 1 of this Master Plan. Any issues on which the Director of Planning
and Zoning seeks technical review shall he conducted at the applicant's expense.
9. The Master Plan shall be revised to show the following changes. Four (4) copies of the
approved revised plat plans shall be submitted to the Administrative Officer prior to
recording:
a) The plans shall be revised to depict a maximum of 334 dwelling units.
10. All proposed public roadways in conjunction with this project shall be constructed
with a minimum design speed of 25 mph.
11. The roadway identified as "L Street" on the plans last revised on December 23,
2004 shall be constructed, and open for traffic, through to the existing roadway terminus
at Midland Avenue prior to issuance of the zoning permit for the 206"' unit in this project.
12. The applicant shall install signalization at the intersection of Spear Street and Allen
Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in
Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans for signalization prior to construction.
13. The applicant shall construct southbound left -turn lane on Spear Street at the "Main
Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit
in Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans prior to construction.
14. The applicant shall construct the southbound left -turn lane on Spear Street at the
"South Entrance" of the project, prior to issuance of the last zoning permit for a dwelling
unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all
plans prior to construction.
1s
15. The applicant shall construct southbound left -turn lane on Spear Street at the "North
Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in
Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans
prior to construction.
16. The applicant shall contribute the sum of $20,000 to the City of South Burlington to
be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic
calming measures on Midland Avenue. The City Council shall have sole discretion to
allocate these funds among the intersection upgrades and traffic calming measures.
17. The applicant shall have ninety (90) days from the date of this approval to execute a
development agreement with the City Council, governing the timing and disposition of
required payments and any required sureties for roadway, intersection, and
infrastructure work.
18. The water infrastructure and wastewater infrastructure shall be constructed through
to the existing infrastructure terminus in Dorset Farms at the onset of Phase 1 (Village
Center). The Director of Public Works and Superintendent of the Water Department shall
approve all specifications and plans for this infrastructure.
19. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1
(Village Center).
20. Phase 2 of the recreation path (as identified on sheet-L-1 of the plans) shall be
constructed prior to the issuance of the first zoning permit for a dwelling unit is Phase 2
(Fields Edge).
21. Phase 3 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to the issuance of the zoning permit for the 206"' unit in this project.
22. The applicant shall hire a full-time on -site construction inspector, to be paid for by the
applicant and approved by the Director of Public Works, prior to initiation of any
improvements on the site. The construction inspector shall be present throughout the
construction on these improvements. Any change to this condition shall require written
approval of the City of South Burlington, signed by the City Manager and the Director of
Planning and Zoning.
23. All sewage pumping stations shall remain private and shall be maintained by the
homeowners association(s), unless otherwise determined by the Water Pollution Control
Superintendent and the Director of the Public Works.
24. The following components of the Master Plan shall be reviewed at the preliminary plat
and/or final plat stages of the individual phases:
a) Street lighting details
b) Street landscaping details
c) Curb -cut locations and details
16
d) Re-evaulation of traffic mitigation measures and implementation details
25. The Development Review Board approves the following roadway waivers from the
Land Development Regulations:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes" provided that adequate clearances are provided for large
vehicle turning movements).
• Minimum pavement width for local streets Win 28' to. 20' at wetland crossings,
26' in sections with parking on one side; and 24' in sections with no striped
parking (parking is prohibited along Section RD-50).
• Minimum centerline radius of curves for collector streets from 500' to 300,
(sections with 30 mph posted speed) or 180' (sections with 25 mph posted
speed).
• Minimum centerline radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
• Minimum tangent length between curves for local streets from 100' to 50'.
• Minimum distance between centerline offsets for local streets from 200' to the
dimensions specified below:
r C Street to D Street along F Street - 145'
G Street to C Street along F Street - 150'
G Street to B Street along F Street - 145'
Common Lane (south) to E Street along E Street - 60'
Common Lane (south) to E Street along D Street - 86'
Y Common Lane (north) to A Street along C Street - 50'
➢ Common Lane (north) to A Street along S Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
with a 25 mph posted speed. No waiver is requested for proposed street
intersections at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets with
a 25 mph posted speed.
• Minimum horizontal (comer) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic. No
waiver is requested for proposed street intersections at Spear Street.
17
• Minimum horizontal (comer) sight distance for local streets from 300' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic.
26. The Development Review Board approves the following waivers from the Southeast
Quadrant dimensional standards, as outlined in the Land Development Regulations:
• Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
• Single-family front yard setback from 20' to 10'.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Multi -family front yard setback from 20' to 10'.
• Multi -family rear yard setback from 30' to 5'.
27. Any future requests for waivers will be reviewed in conjunction with the site -specific
preliminary plat or final plat reviews for individual development areas.
28. Any changes to the final plat plans shall require approval of the Development
Review Board.
29. The Master Plan (sheets S1.0 and S1.1) shall be recorded in the land records within
90 days or this approval is null and void. The plans shall be signed by the Development
Review Board Chair or Clerk prior to recording.
18
k 14
JQhn Dinklage
Chuck Bolton
ark Boucher
R&Jer Farley
Ldr,_ Kupki-inan�
ciaylgrQuimby
Signed on the day of March, 2005
Please note: You have the right to appeal this decision to -the Vermont Environmental
Court pursuant to 24 VSA 4471 and VRCP 76 in writing; within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant. to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
19
PAUL FRANK + COLLINS P.C. MarkG. Hall
mhall@PFC/aw.com
April 8, 2005
HAND -DELIVERED BY COURIER
Vermont Environmental Court
Jacalyn M. Stevens, Court Manager
2418 Airport Road, Suite 1Ic C! E -
v
Barre, VT 05641-8701
RE: South Village Communities, LLC
Master Plan Application #MP-04-01, South Burlington, Vermont
Dear Jacalyn:
I enclose a Notice of Appeal, $225.00 filing fee, and a copy of South Village's Motion to Extend
the Appeal Period that was filed with the City of South Burlington Development Review Board.
On April 7, South Village filed a motion to reconsider the above -referenced master plan
decision. The rules and the statute are not absolutely clear whether such a procedure is available
to toll the running of the 30-day appeal period, so South Village is filing this Notice of Appeal as
a precautionary measure to preserve its rights as the original appeal period is due to expire on
Monday, April 11, 2005.
If you have any questions or comments, do not hesitate to contact me.
Cordially yours,
PAUL FRANK + COLLINS P.C.
Mark G. Hall
Enclosures
cc w/enc.: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
416068 vl:8346-00006
RECEIVED
APR 0 0 2XIS
City of So. Burlington
ATTORNEYS AT LAW I www.PFC/aw.com
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042
A Member of TerraLex@ The Worldwide Network of Independent Law Firms
VERMONT ENVIRONMENTAL COURT
FOR THE
STATE OF VERMONT
IN RE: )
SOUTH VILLAGE COMMUNITIES, LLC. ) Docket No.
Master Plan Application #MP-04-01 )
NOTICE OF APPEAL
NOW COMES Applicant South Village Communities, LLC, by and through its attorneys,
Paul, Frank + Collins P.C., and it hereby appeals the decision of the South Burlington Development
Review Board, dated March 10, 2005, for the development at 1840 Spear Street, South Burlington,
Vermont.
A copy of the notice of decision under appeal, dated March 10, 2005, is attached.
DATED at Burlington, Vermont, this 81h day of April, 2005.
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
Mark G. Hall, Esq.
PO Box 1307
Burlington, VT 05402-1307
cc: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
415372 v1:8346-00006
PAuL FRANK + COLUNs 1
ATTORNEYS AT LAW
,aWGTON, VERMONT
PI TTSBMGH, NEW Yo"
1�',
CITY of SOUTH BURLINGTON MAR 1 7 2005
DEPARTMENT of PLANNING & ZONING
SOUTH VILLAGE COMMUNITIES, LLC
MASTER PLAN APPLICATION #MP-04-09
FINDINGS of FACT & DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is seeking
Master Plan approval pursuant to Section 15.07 of the South Burlington Land
Development Regulations for a planned unit development consisting of: 1) a 334
residential unit traditional neighborhood design to include single-family, two-family, and
multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre
community -supported farm, 1840 Spear Street. Master Plan approval for this property is
required by Section 15.07(B)(1) of the South Burlington Land Development Regulations
as a prerequisite to the development of ten (10) or more residential units in the
Southeast Quadrant Zoning District (SEQ). The Development Review Board held its final
public hearing on the subject application on February 8, 2005.
Based on testimony provided at the above mentioned public hearings and the plans and
supporting materials in the document file for this application, the Development Review
Board finds, concludes, and decides the following:
FINDINGS of FACT
1. This application consists of a Master Plan for a planned unit development
consisting of 334 residential units; a 100-student educational facility, and a 35-
acre community -supported farm, 1840 Spear Street.
2. The application is based upon a plan entitled "South Village — Master Plan —
Spear Street — South Burlington, Vermont".
3. The owner of record of the property is Paul Calkins.
4. The application was deemed complete pursuant to 15.07(3) of the Land
Development Regulations.
Master Plan Application
The following information was relied upon in making this decision, pursuant to Section
15.07(C)(3) of the Land Development Regulations:
a. An accurate Master Plan has been submitted.
b. The title block is "South Village — South Burlington, Vermont — Spear Street and
Allen Road."
c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks
Kiss; TND Engineering: LandWorks: and Applied Ecological Services, Inc.
d. A list of abutters was provided with the application and the names of abutters are
included on sheet C2.1 of the plans.
e. The Master Plan application and the plans referenced in (b) above include the
following information:
i. The combined area of the property subject to the Master Plan is
224.18 acres.
ii. The plan indicates that 58.3 acres (Phase 1: 25 acres; Phase 2:
18.2 acres; and Phase 3: 15.1 acres) are proposed for
development and 165.88 acres are proposed for open space.
iii. Public amenities and facilities indicated on the plans include public
streets, a public water system, a public sewer system; a public
stormwater drainage system, and a public recreation path.'
iv. The maximum overall coverage proposed for the property is
13.9% (30% permitted). The maximum building coverage
proposed for the entire property is 5.5% (15% permitted).
v. The total number of residential dwelling units proposed by the
applicant for the entire property is 334. This total includes the 269
units yielded through the base density in the Southeast Quadrant
(1.2 units/acre), plus the 65 units yielded through the 25% density
bonus for providing mixed -rate housing, pursuant to Section 13.14
of the Land Development Regulations.
vi. The traffic study prepared by TND Engineering estimates a
maximum PM peak hour VTE count of 336.
vii. The sewer and water master plan is depicted on sheet C5.0 of the
plans and has been reviewed by the City Engineer and the
Superintendent of South Burlington Water Department.
viii. The roadway and sidewalk details, including the proposed
hierarchy system, are outlined on sheets T4.1 though T4.6 of the
plans. The plans have been reviewed and by the Director of
Public Works.
ix. The existing conditions plans on sheet C2.1 of the plans depict 2'
contour intervals. Other sheets depict 5' contour intervals, which
are in compliance with this requirement.
x. The boundary survey for the property is depicted on sheet S1.0 of
the plans.
A. The proposed northerly and southerly street intersections have
been staked in the field and have been designed to intersect
existing driveways and/or undeveloped lots along the westerly
side of Spear Street.
xii. The roadway waivers that the applicant is requesting are as
follows:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes provided that adequate clearances are provided for large vehicle
turning movements).
• Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' with parking on one side; and 24' with no striped parking (parking is
prohibited).
• Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180'
(25 mph).
• Minimum radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
• Minimum tangent length between curves for local streets from 100' to 50'.
• Minimum distance between centerline offsets for local streets from 200' to those
dimensions outlined below:
➢ C Street to D Street along F Street - 145'
➢ G Street to C Street along F Street - 150'
➢ G Street to B Street along F Street - 145'
➢ Common Lane (south) to E Street along E Street - 60'
➢ Common Lane (south) to E Street along D Street - 86'
➢ Common Lane (north) to A Street along A Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
(25 mph posted speed). No waiver is requested for proposed street intersections
at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets (25
mph posted speed).
• Minimum horizontal (comer) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic. No waiver is
requested for proposed street intersections at Spear Street
• Minimum horizontal (comer) sight distance for local streets from 500' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic.
xiii. The Southeast Quadrant dimensional standard waivers that the
applicant is requesting are as follows:
• A Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
• Single-family front yard setback from 20' to 10'.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Multi -family front yard setback from 20' to 10'.
• Multi -family rear yard setback from 30' to 5'.
b. Proposed Development Areas in the Master Plan Application
The Master Plan application includes three (3) proposed development areas, as follows:
Phase 1: Village Center
156 units and a 100-student
school, southwesterly
portion of property.
Phase 2: Fields Edge
99 units, northwesterly
portion of property.
Phase 3: The Ridge
79 units, southeasterly
portion of the property.
The maximum number of units allowed on this property is 334. The plans submitted
depict a total of 335 units, so one (1) unit shall be deleted from Phase 3 of the Master
Plan, for a total of 79 units.
Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations,
Master Plans shall comply with the following standards and conditions:
1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is
available to meet the needs of the project in conformance with applicable State
and City requirements, as evidenced by a City water allocation, City wastewater
allocation, and/or Vermont Water and Wastewater Permit from the Department of
Environmental Conservation.
The City does not currently have adequate water supply capacity to serve the proposed
project, which is estimated to demand 115,000 gallons per day. However, the additional
water supply storage that the City is in the process of constructing will be sufficient to
supply the demand of the proposed project. The Bartlett Bay wastewater treatment
facility currently has sufficient capacity to serve the proposed project, which is estimated
to generate 72,000 gallons per day. The City Wastewater Ordinance has specific
provisions to allow large-scale project to obtain wastewater allocation permits during the
approvals of specific phases of a Master Plan. Thus, the applicant will obtain water
allocation and wastewater allocation approval at each of the three (3) proposed phases
of this project. In addition, the applicant will obtain State permits in conjunction with the
approval of the three (3) phases of this project.
2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized during
construction and after construction to prevent soil erosion and runoff from
creating unhealthy or dangerous conditions on the subject property and adjacent
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properties. In making this finding, the DRIB may rely on evidence that the project
will be covered under the General Permit for Construction issued by the Vermont
Department of Environmental Conservation.
Individual preliminary and final plat applications will be evaluated for conformance with
this criterion and the provisions of Article 16 of the Land Development Regulations,
Construction and Erosion Control.
3. §15.18(A)(3) The project incorporates access, circulation and traffic
management strategies sufficient to prevent unreasonable congestion of adjacent
roads. In making this finding the DRB may rely on the findings of a traffic study
submitted by the applicant, and the findings of any technical review by City staff
or consultants.
The applicant submitted a traffic impact study prepared by TND Engineering, dated
through December 22, 2004. The applicant also submitted a traffic impact study
addendum, dated through December 22, 2004. Both of these documents were
submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil,
provided his finding on the proposed roadway design waivers in a memorandum dated
February 7, 2005. The specific traffic management strategies to control access and
circulation for the proposed project will be conditioned and implemented at each of the
three (3) phases of this Master Plan. John Dietrich provided his finding on the proposed
roadway design waivers in a memorandum dated February 4, 2005.
The Director of Public Works has been extensively involved in the review of this Master
Plan because of the significance of the public roadway waivers the applicant is
requesting_ His comments are outlined in two (2) memorandums dated November 21,
2002 and September 7, 2004.
4. §15.18(A)(4) The project's design respects and will provide suitable protection
to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and
any unique natural features on the site. In making this finding the DRIB shall
utilize the provisions of Article 12 of these Regulations related to wetlands and
stream buffers, and may seek comment from the Natural Resources Committee
with respect to the project's impact on natural resources.
The subject property has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class II wetland
and its associated 50' wide buffer in two (2) locations. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property. The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 80 units in and
adjacent to this wooded area, making up Phase 3: The Ridge_ In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area.
The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated
June 2004, addressing the project's wildlife impacts.
The South Burlington Natural Resources Committee (NRC) reviewed the proposed
Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of
the applicant's wetland consultant's memorandum referenced above and the applicant's
wildlife study referenced above. In addition, the NRC visited the site with the applicant,
the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil
engineer, and other applicable parties. The NRC's recommended approval of the
proposed Master Plan with the following conditions:
1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat
protection considerations;
2. phase in east -west roadway based on City need and/or project need;
3. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
4. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
5. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
6. no pesticide application;
7. no mowing in wetlands and/or their buffers;
8. disturbance of wetland vegetation should be limited to remediation activities;
9. no planting non-native species in wetlands or their buffers.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman.. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of
the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic management, and community planning perspective.
5. §15.18(A)(5) The project is designed to be visually compatible with the planned
development patterns in the area, as specified in the Comprehensive Plan and the
purpose of the zoning district(s) in which it is located.
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant
District (SEQ) is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agricultural
use, and well planned residential use in the largely undeveloped area of the City known
as the Southeast Quadrant. The open character and scenic views offered in this area
have long been recognized as very special and unique resources in the City and worthy
of protection. The location and clustering of buildings and lots in a manner that in the
judgment of the Development Review Board will best preserve the open space character
of this area shall be encouraged.
The proposed Master Plan is visually compatible with the planned development patterns
of the Southeast Quadrant_ The buildings, building lots, and roads are clustered and
concentrated towards the westerly portion of the property, creating significant open
space areas in the central and easterly portions of the subject property. The more than
165 acres of open space preserved through this Master Plan will maintain the open
character of the area and will protect wetlands, woodlands, and wildlife habitat. By
eliminating the proposed units in the upper portion of Phase 3, the applicant has
increased the protection of wildlife habitat functions and natural resource on the
property.
The proposed Master Plan complies with the building height requirements for the Spear
Street — Allen Road Scenic View Protection Overlay District, as outlined in Section
10.03(F) of the Land Development Regulations. A total of 35 acres of the land within this
scenic overlay district will be devoted to a community -supported farm.
6. §15.18(A)(6) Open space areas on the site have been located in such a way as to
maximize opportunities for creating contiguous open spaces between adjoining
parcels and/or stream buffer areas.
The layout proposed through this Master Plan will preserve over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous open space corridors with the
properties to the south and north of the subject property.
7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire
Chief or his designee to insure that adequate fire protection can be provided, with
the standards for approval including, but not be limited to, minimum distance
between structures, street width, vehicular access from two directions where
possible, looping of water lines, water flow and pressure, and number and
location of hydrants. All aspects of fire protection systems shall be designed and
installed in accordance with applicable codes in all areas served by municipal
water.
The South Burlington Fire Chief reviewed the master plan to assess the proposed
roadway layout. His comments are included in a memorandum dated September 2,
2004. The Fire Chief will review the location of hydrants and other details related to fire
protection within each of the three (3) phases during the preliminary and final plat review
of each phase.
8. §15.18(A)(8) Roads, recreation paths, stormwater facilities, sidewalks,
landscaping, utility lines and lighting have been designed in a manner that is
compatible with the extension of such services and infrastructure to adjacent
properties.
The general layout of the roads, recreation paths, and utilities is adequate to facilitate
the extension of such services to adjacent properties.
9. §15.18(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are
designed in a manner that is consistent with City utility and roadway plans and
maintenance standards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
The overall road layout and hierarchy system are adequate and have been approved by
the Director of Public Works and the Fire Chief. The overall recreation path layout was
reviewed by the South Burlington Recreation Path Committee and comments were
provided in memorandums from Tom Hubbard, the Director of the South Burlington
Recreation Department, dated November 2, 2004 and December 10, 2004. The
landscaping and utility details will be reviewed during the subsequent preliminary and
final plat stages of the individual phases.
10. §15.18(A)(10) The project is consistent with the goals and objectives of the
Comprehensive Plan for the affected district(s).
The proposed Master Plan is consistent with the following objectives for the Southeast
Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan:
a. Preserve and enhance the open character, natural resources, and scenic views
of the Southeast Quadrant, while allowing carefully planned development.
b. Maintain a rate, location, intensity, and timing of future development in the
Southeast Quadrant that is in accord with the physical characteristics of the land
and the availability of municipal services and facilities, and which is consistent
with the City's population growth objectives and land use recommendations.
c. Promote a variety of residential patterns and styles, including a fair share of
affordable housing, while preserving the special character of the Southeast
Quadrant.
Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations
Master Plans shall comply with the following standards and conditions:
1. §15.18(B)(1) Open space and development areas shall be located so as to
maximize the aesthetic values of the property in keeping with the Comprehensive
Plan goal of preserving and enhancing the open character, natural areas, and
scenic views of the Quadrant, while allowing carefully planned development.
As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and
15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes
extensive open space and natural resource protection. The plan incorporates over 165
acres of dedicated open space, mainly in the central and easterly portions of the subject
property. The surface area and location of this open space will be integral to protecting
important natural resources, including wetlands, woodlands, and wildlife.
The Spear Street — Allen Road Scenic View Protection Overlay District overlaps a large
portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic
overlay district and indicates the maximum building height allowed within this scenic
overlay district, as outlined in Section 10.03(F) of the Land Development Regulations.
The proposed buildings conform to the height restrictions for the Spear Street — Allen
Road Scenic View Protection Overlay District. At the preliminary and final plat review
stages of each of the three (3) phases, the maximum building height of each lot shall be
indicated on the plans.
2. §15.18(B)(2) Building lots, streets and other structures shall be located in a
manner that maximizes the protection of the open character, natural areas, and
scenic views of the Quadrant identified in the Comprehensive Plan, while allowing
carefully planned development at the overall base densities provided in these
Regulations.
The proposed buildings, building lots, streets, and other structures have been designed
to create the open space areas discussed above, in response to Section 15.18(8)(1) of
the Land Development Regulations.
0
3. §15.18(B)(3) Existing natural resources on each site shall be protected through
the development plan, including streams, wetlands, floodplains, wildlife habitat
and corridors including those areas identified in the South Burlington Open Space
Strategy, and special natural and/or geologic features such as mature forests,
headwaters areas, and prominent ridges.
The subject property has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The proposed
roadway layout will result in encroachment into the westerly finger of the Class II wetland
and its associated 50' wide buffer in two (2),locations. In addition, there are numerous
Class III wetland and wetland buffer encroachments by buildings, building envelopes,
and roadways. The wetland impacts of the proposed master plan are minimal relative to
the surface area of wetlands on the subject property. The applicant's wetland consultant,
Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in
Section 12.02(E) of the Land Development Regulations.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 84 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave
Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife
impacts.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are all in conflict with regard to Phase 3
of the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
10
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic -management, and community planning perspective.
4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall
be designed and located to maximize the potential for combination with other
open spaces on adjacent properties.
The layout proposed through this Master Plan will create over 165 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous space corridors with the properties to
the south and north of the subject property.
5. §15.18(B)(5) The conservation of existing agricultural production values on
lands in the SEQ is encouraged through development planning that avoids
impacts on prime agricultural soils as defined in the South Burlington Open Space
Strategy and provides buffer areas between existing agricultural operations and
new development, roads, and infrastructure.
There are no existing agricultural operations on the subject property. However, the
Master Plan includes a 35-acre community -supported farm, which will reinstate active
agricultural operations into the area.
6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be
established by the applicant describing the intended use and maintenance of each
area. Continuance of agricultural uses -or enhancement of wildlife habitat values
in such plans for use and maintenance is encouraged.
The applicant submitted an open space management plan for the subject property. This
document is entitled "South Village — South Burlington, Vermont — Community Land
Management Plan", dated November 2004. In addition, the applicant submitted an
ecological restoration and management program plan, dated December 17, 2004. Steve
Apfelbaum, the author of the ecological restoration and management program plan,
submitted a follow-up letter dated February 1, 2005. This letter responded to questions
raised by members of the Development Review Board on January 4, 2005.
7. §15.18(B)(7) In the absence of a specific finding by the DRB that an alternative
location and/or provision is approved fora specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned
11
public facilities as depicted on the Official Map, including but not limited to
recreation paths, streets, park land, schools, and sewer and water facilities.
The Proposed Master Plan is in compliance with the South Burlington Official Map,
which was last revised on February 14, 2004.
Other Applicable Criteria
1. § 9.08(B) In connection with approval of a PUD, the Development Review Board
may allow development activities in addition to those authorized under Section
9.06(B) to occur in restricted areas or allow residential lots or portions of
residential lots to be located in restricted areas provided the Development Review
Board determines that such development activities are consistent with the intent
and purpose of the Southeast Quadrant District.
The subject property contains a number of "restricted areas". These "restricted areas"
were established to protect land for one (1) of the following reasons: to facilitate planned
roadways; to protect scenic views; or to protect wetland and other natural resources.
The proposed Master Plan does have buildings and building lots within these "restricted
areas". Phase 1, Phase 2, and Phase 3 all have development proposed in a "restricted
area" designated to facilitate planned roadways. The applicant has proposed a roadway
network through the property that connects Midland Avenue to Spear Street, in addition
to providing a means of access to the property to the north. Thus, the "restricted areas",
designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official
Zoning Map", are no longer necessary.
Phase 1 and Phase 2 have development proposed in a "restricted area" designated to
protect scenic views. Most of this "restricted area" overlaps the Spear Street — Allen
Road Scenic View Protection Overlay District. The applicant is following the building
height requirements for the Spear Street —Allen Road Scenic View Protection Overlay
District, as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
development in the `restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this "restricted araa" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area"
designated to protect natural resources. The applicant originally proposed
approximately 65 units within a 'restricted area" that the City has identified as a
potentially important wildlife habitat corridor. Per the request of staff and the
Development Review Board, the applicant removed most of these units, which
significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the
wildlife impacts in this area have been minimized and the nine (9) lots proposed within
12
the restricted area are acceptable. Staff notes, however, that significant landscaping will
be required in this area to further reduce the impacts of the proposed project.
DECISION
Based on the above Findings of Fact, the South Burlington Development Review Board
approves Master Plan application #MP-04-01, of South Villages Communities, LLC, for
334 residential units, a 100-student school, and a 35-acre community -supported farm.
Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application
#MP-04-01 is hereby approved with conditions.
A. Decision with Respect to Master Plan Umbrella Criteria:
The Development Review Board approves the following Master Plan "umbrella criteria"
pursuant to §15.07(D)(3) of the Land Development Regulations:
a. Overall density and number of residential dwelling units: A
maximum number of 334 residential dwelling units are approved for a
total density of 1.5 units/acre. The base density in the Southeast
Quadrant of 12 units/acre yields a total of 269 units. The 25% density
bonus for providing mixed -rate housing, as determined by Section 13.14
of the Land Development Regulations, accounts for the additional 65
units.
b. Building and impervious coverage: A total building coverage of 5.5%
and a total impervious coverage of 13.9% are approved for the master
plan. These are overall limits for the entire South Village property subject
to this approval. Within the individual development phases, as described
and approved in this decision, these overall limits may be exceeded
provided the applicable Southeast Quadrant zoning district limitations of
fifteen percent (15%) for buildings and thirty percent (30%) overall are
met.
c. Location, layout capacity and number of collector roadways: The
collector roadway system Is approved as shown on the Master Plan.
d. Land development proposed in any area previously identified as
permanent open space in the approved Master Plan application: All
areas not approved as development areas in this Master Plan are to be
utilized exclusively for open space use.
e. Maximum number of vehicle trip ends: A maximum of 336 PM peak
hour trip ends from all approved residential and non-residential uses is
approved for the South Village property.
B. Decision with Respect to Individual Development Areas —Proposed as Part
of this Master Plan Application:
a. Phase 1: Village Center: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
13
b. Phase 2: Fields Edge: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through
this application, is approved as a development area.
CONDITIONS
The Development Review Board finds and concludes that the following conditions are
necessary for the Master Plan application to meet the City's requirements and standards
for approval:
1. This approval shall be for 269 units of market -rate housing, and 65 units of affordable
housing as defined in Article 2 of the South Burlington Land Development Regulations.
In no case shall a zoning permit be issued for more than 269 units of market -rate
housing.
2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development
Regulation, the Development Review Board requires each of the three (3) phases
included in this Master Plan to obtain separate preliminary plat approval and final plat
approval in accordance with Section 15.18 of the Land Development Regulations.
3. If the proposed 100-student school is not incorporated into Phase 1 of the Master
Plan, it shall be subject to site plan approval, pursuant to Article 14 of the Land
Development Regulations.
4. Any development on the agriculture component of this project that does not fall within
the State of Vermonts exemption shall be subject to Site Plan review, pursuant to Article
14 of the Land Development Regulations.
5_ The preliminary plat and/or final plat plans for each of the three (3) phases included in
this Master Plan shall be reviewed by the South Burlington Fire Chief, the
Superintendent of the South Burlington Water Department, the South Burlington Director
of Public Works, and the South Burlington City Engineer,
6. Any application for amendment of the Master Plan or preliminary plat plan that
deviates from the Master Plan in any one or more of the following respects shall be
considered a new application for the property and shall require sketch plan review as
well as approval of an amended Master Plan:
a) An increase in the approved building coverage or overall site coverage, or an
increase in the number of residential dwelling units for the property subject to the
Master Plan;
b) A change in the location, layout, capacity or number of collector roadways on the
property subject to the Master Plan;
c) Land development proposed in any area previously identified as permanent open
space in the approved Master Plan application;
14
d) A change that will result in an increase in the number of P.M. peak hour vehicle
trip ends projected for total buildout of the property subject to the Master Plan_
7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following
minor land development activities will not require Development Review Board approval
and may be undertaken pursuant to issuance of a zoning permit:
a) The addition of decks to dwelling units;
b) The addition of porches to dwelling units;
c) The enclosure of decks;
d) The addition of accessory structures, pursuant to Section 3.10 of the Land
Development Regulations;
e) Other minor land development activities at the discretion of the Administrative
Officer.
8. Pursuant to Section15.18 (13)(6) of the Land Development Regulations, the applicant
shall submit a plan for the management and maintenance of the dedicated open spaces
created through this Master Plan. The management and maintenance plans shall be
submitted to and approved by the Director of Planning and Zoning, prior to final plat
approval for Phase 1 of this Master Plan. Any issues on which the Director of Planning
and Zoning seeks technical review shall be conducted at the applicant's expense.
9. The Master Plan shall be revised to show the following changes. Four (4) copies of the
approved revised plat plans shall be submitted to the Administrative Officer prior to
recording:
a) The plans shall be revised to depict a maximum of 334 dwelling units.
10. All proposed public roadways in conjunction with this project shall be constructed
with a minimum design speed of 25 mph.
11. The roadway identified as "L Street" on the plans last revised on December 23,
2004 shall be constructed, and open for traffic, through to the existing roadway terminus
at Midland Avenue prior to issuance of the zoning permit for the 206'" unit In this project.
12. The applicant shall install signalization at the intersection of Spear Street and Allen
Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in
Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans for signalization prior to construction.
13. The applicant shall construct southbound left -turn lane on Spear Street at the "Main
Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit
in Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans prior to construction.
14. The applicant shall construct the southbound left -turn lane on Spear Street at the
"South Entrance" of the project, prior to issuance of the last zoning permit for a dwelling
unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all
plans prior to construction.
15
15. The applicant shall construct southbound left -turn lane on Spear Street at the "North
Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in
Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans
prior to construction.
16. The applicant shall contribute the sum of $20,000 to the City of South Burlington to
be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic
calming measures on Midland Avenue. The City Council shall have sole discretion to
allocate these funds among the intersection upgrades and traffic calming measures.
17. The applicant shall have ninety (90) days from. the date of this approval to execute a
development agreement with the City Council, governing the timing and disposition of
required payments and any required sureties for roadway, intersection, and
infrastructure work.
18. The water infrastructure and wastewater infrastructure shall be constructed through
to the existing infrastructure terminus in Dorset Farms at the onset of Phase 1 (Village
Center). The Director of Public Works and Superintendent of the Water Department shall
approve all specifications and plans for this infrastructure.
19. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1
(Village Center).
20. Phase 2 of the recreation path (as identified on sheet-L-1 of the plans) shall be
constructed prior to the issuance of the first zoning permit for a dwelling unit is Phase 2
(Fields Edge).
21. Phase 3 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to the issuance of the zoning permit for the 206"' unit in this project.
22. The applicant shall hire a full-time on -site construction inspector, to be paid for by the
applicant and approved by the Director of Public Works, prior to initiation of any
improvements on the site. The construction inspector shall be present throughout the
construction on these improvements. Any change to this condition shall require written
approval of the City of South Burlington, signed by the City Manager and the Director of
Planning and Zoning.
23. All sewage pumping stations shall remain private and shall be maintained by the
homeowners association(s), unless otherwise determined by the Water Pollution Control
Superintendent and the Director of the Public Works.
24. The following components of the Master Plan shall be reviewed at the preliminary plat
and/or final plat stages of the individual phases. -
a) Street lighting details
b) Street landscaping details
c) Curb -cut locations and details
16
d) Re-evaulation of traffic mitigation measures and implementation details
25. The Development Review Board approves the following roadway waivers from the
Land Development Regulations:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes" provided that adequate clearances are provided for large
vehicle turning movements).
• Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' in sections with parking on one side; and 24' in sections with no striped
parking (parking is prohibited along Section RD-50).
• Minimum centerline radius of curves for collector streets from 500' to 300'
(sections with 30 mph posted speed) or 180' (sections with 25 mph posted
speed).
• Minimum centerline radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
• Minimum tangent length between curves for local streets from 1 00'to 50'_
• Minimum distance between centerline offsets for local streets from 200' to the
dimensions specified below:
➢ C Street to D Street along F Street - 145'
➢ G Street to C Street along F Street - 150'
➢ G Street to B Street along F Street - 145'
➢ Common Lane (south) to E Street along E Street - 60'
➢ Common Lane (south) to E Street along D Street - 86'
➢ Common Lane (north) to A Street along C Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
with a 25 mph posted speed. No waiver is requested for proposed street
intersections at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets with
a 25 mph posted speed.
• Minimum horizontal (comer) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic. No
waiver is requested for proposed street intersections at Spear Street.
17
• Minimum horizontal (comer) sight distance for local streets from 300' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic.
26. The Development Review Board approves the following waivers from the Southeast
Quadrant dimensional standards, as outlined in the Land Development Regulations:
• Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
• Single-family front yard setback from 20' to 10'.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Multi -family front yard setback from 20' to 10'.
• Multi -family rear yard setback from 30' to 5'.
27. Any future requests for waivers will be reviewed in conjunction with the site -specific
preliminary plat or final plat reviews for individual development areas.
28. Any changes to the final plat plans shall require approval of the Development
Review Board.
29. The Master Plan (sheets S1.0 and S1.1) shall be recorded in the land records within
90 days or this approval is null and void. The plans shall be signed by the Development
Review Board Chair or Clerk prior to recording.
18
7
John Dinklage
Chuck Bolton
ark Boucheoa' �o
1t4cr Farley
(A
Larr Kup rman
Gayl Quimby
Signed on the r'� day of March, 2005
Please note: You have the right to appeal this decision to -the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be hound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
19
PAU L FRANK COLLINS P.C.
gem
April 8, 2005
HAND -DELIVERED BY COURIER
Mr. Raymond Belair
Planning and Zoning Department
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: South Village Communities LLC
Master Plan Application #MP-04-01
Dear Mr. Belair:
Mark G. Hall
mhall@PFC/aw.com
Enclosed please find a Motion to Stay Appeal Period, Notice of Appeal, and correspondence to
the Environmental Court in the above application. Please note, Ray, that the Notice of Appeal is
only filed as a precautionary matter to preserve the time as the rules and the statute are not
absolutely clear whether a motion to reconsider will toll the appeal period.
Please give me a call if you have any questions or comments.
Cordially yours,
PAUL FRANK + COLLINS P.C.
Mark G. Hall
Enclosure
cc w/enc.: Vermont Environmental Court
Julie Beth Hinds, Director, Planning & Zoning
Jon Anderson, Esq.
Amanda S.E. Lafferty, Esq.
Mr. David Scheuer
416035 vl:8346-00006
APB; 0 a
City of So. Burlington
ATTORNEYS AT LAW I www.PFC/aw.com
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042
A Member of TerraLexp The Worldwide Network of Independent Law Firms
STATE OF VERMONT
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
IN RE: South Village Communities, LLC / Master Plan Application #MP-04-01
MOTION TO STAY APPEAL PERIOD
Now comes APPLICANT SOUTH VILLAGE COMMUNITIES, LLC, by and through its
attorneys, Paul Frank + Collins P.C., and it hereby moves to continue the appeal period of the South
Burlington Development Board ("DRB") decision, dated March 10, 2005, in the above -referenced
matter. Pursuant to V.R.C.P. 76(e)(2)(B), appeals to the Vermont Environmental Court are
governed by V.R.A.P. 4. Rule 4 permits the DRB to grant an extension of the zoning appeal period
upon a showing of good cause. On April 7, 2005, South Village requested reconsideration of three
permit conditions and it is currently discussing with the City Council a creative resolution to one
issue in the development agreement required by the permit. It is unclear whether reconsideration is
permitted under Title 24, so South Village is requesting an extension on the appeal period while the
motions for reconsideration are decided and negotiations with the City proceed. Accordingly, there
is good cause to extend the appeal period for 30 days, the maximum permitted by Rule 4.
Wherefore, South Village respectfully requests that this motion to extend the appeal period
be extended by 30 days.
PAUL FRANK + COLUNS I
ATTORNEYS AT LAW
BU WGTON, VERMONT
PL TTRB RGN, NEW YOM
RECEIVED
APR 0':.
City of So. Burlington
DATED at Burlington, Vermont, this 81h day of April, 2005.
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
BY:
Mark G. Hall, Esq.
PO Box 1307, One Church Street
Burlington, VT 05402-1307
cc: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
Vermont Environmental Court
416028 v1:8346-00006
PAUL FRANK +COLLINS P.
ATTOR,NEvs AT LAW
EIIRLINGTON, VERMONT
PLATTSBIIRGH, NEW YORK
2
PAU L FRANK COLLINS P.C.
April 15, 2005
Mr. Raymond Belair
Planning and Zoning Department
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: South Village Communities LLC
Master Plan Application #MP-04-01
Dear Mr. Belair:
Mark G. Hall
mhall@PFC/aw.com
Enclosed please find my Certificate of Service stating that I have mailed a copy of South Village
Communities LLC's Motion to Reconsider Findings of Fact and Decision and attached Service
List to all interested parties. Please do not hesitate to contact me if you have any questions.
Cordially yours,
PAUL FRANK + COLLINS P.C.
Mark G. Hall
Enclosures
cc w/enc.: Jon Anderson, Esq.
Amanda S.E. Lafferty, Esq.
Vermont Environmental Court
Mr. David Scheuer
417033 v1:8346-00006
ATTORNEYS AT LAW I www.PFC/aw.com
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042
A Member of TerraLex@ The Worldwide Network of Independent Law Firms
STATE OF VERMONT
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
IN RE: South Village Communities, LLC / Master Plan Application #MP-04-01
CERTIFICATE OF SERVICE
I, Mark G. Hall, Esq., a member of the law firm of Paul Frank + Collins P.C., do hereby
certify that on April 15, 2005, I served a copy of Applicant's Motion to Reconsider Findings of Fact
and recision, upon the parties by serving a copy of same, via U.S. First Class Mail, postage
prepaid, upon the interested parties as identified on the attached list.
DATED at Burlington, Vermont, this 151h day of April, 2005.
cc: Jon Anderson, Esq.
Amanda S.E. Lafferty, Esq.
Mr. David Scheuer
Vermont Environmental Court
417022 v1:8346-00006
PAUL FRANK + COLLINS
P.C.
ATTORNEYS AT LAW
BURLINGTON, VERMONT
PLATTSBURGH, NEW YORK
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
Mark G. Hall, Esq.
PO Box 1307
Burlington, VT 05402-1307
LIST OF INTERESTED PARTIES — SOUTH VILLAGE COMMUNITIES, LLC / MASTER PLAN APPLICATION #MP-04-01
Jon Anderson
Skip Vallee
Fred & Eleanor Smith
Burak Anderson & Mellon PLC
4043 Spear Street
76 Laurel Hill Drive
30 Main Street, PO Box 787
Shelburne, VT 05482
So. Burlington, VT 05403
Burlington, VT 05402-0787
Kevin Donahue
Mr. & Mrs. W. Degroot
Anthony Bianchi
22 Pinnacle Drive
119 Catkin Drive
29 Floral Drive
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Louis Bresee
Annalisa Parent
Win Richard
21 Cranwell Avenue
The Other Paper
43 Floral Street
So. Burlington, VT 05403
PO Box 2032
So. Burlington, VT 05403
So. Burlington, VT 05407
Scott Fewell
Brian Terhune
Scott & Mary Hill
30 Main St., 2nd Floor
35 Floral Street
161 Austin Drive #46
Burlington, VT 05401
So. Burlington, VT 05403
Burlington, VT 05401
David Marshall
Jon Dietrich
Pasquale Di Stefano
Civil Engineering Associates
Fuss & ONeill
75 Bower Street
PO Box 485
78 Interstate Drive
So. Burlington, VT 05403
Shelburne, VT 05482
West Springfield, MA 01089
Kerstin Lange
Arrowhead Environmental
Mark Westergard
14 Birchwood Court
950 Bert White Road
1344 N. Windemere
So. Burlington, VT 05403
Huntington, VT 05462
Dallas, TX 75208
Curt Moody
Kelly Fiske
Steve Moore
1855 Spear Street
82 Old Colchester
85 Harvest Lane
So. Burlington, VT 05403
Essex Jct., VT 05485
Shelburne, VT 05482
Barbara Hibbets
Carolyn Long
Sarah Dopp
E16 Stonehedge Drive
1720 Spear Street
500 Cheesefactory Road
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Susan Walker
Bill Walford
Andy Netzel
1967 Spear Street
53 Floral Street
Burlington Free Press
So. Burlington, VT 05403
So. Burlington, VT 05403
PO Box 10
Burlington, VT 05402-0010
Sandra Lindberg
Richard Spindler
Jeff Cunningham
52 Pinnacle Drive
12 Green Dolphin Drive
83 Floral Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
V
Wendy Schroeder
Clayton & Gail Holmes
Mitchell Cypes
257 Fairway Drive
12 Ledoux Terrace
74 Bower Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Gregory & Sally Lemieux
Roxanne Bogart
Muriel More
32 Floral Street
61 Floral Street
112 Catkin Drive
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Susan Clark
Eric Larson
Devinder & Nitti Sachdeva
B-2 Stonehedge Drive
29 Pinacle Drive
181 Catkin Drive
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Dan & Marguerite Wetzel
Pat & Bob Nowack
Ray Unsworth
183 Catkin Drive
98 Logwood Street
1700 Spear Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Robert Erlandson
Jonathan Kleinmar
Peter Smichenko
26 Pinnacle Drive
39 Winding Brook
110 Holbrook Road
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Scot Rose
Nonna Aydinyan
Bill Cimonetti
248 Quarry Hill Road #171
185 Catkin Drive
1393 Spear Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Lauren Moore
Doreen & Peter Allison
Joan Benoit
7 Executive Drive
27 Floral Street
134 Catkin Drive
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Eusi & Buddy Floyd
Shawn Hill
Deborah Fay
1813 Spear Street
21 Floral Street
188 Catkin Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Eleanor Benson
Jared Larrow
Michael Bradshaw
1803 Spear Street
77 Bower Street
35 Bower Street
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Dave Arms, Jr.
Harry Davison
Claude & Julie Bertin
28 Floral Street
1827 Spear Street
33 Pheasant Way
So. Burlington, VT 05403
So. Burlington, VT 05403
So. Burlington, VT 05403
Min Gu
Lisa & Jeff Palmer
Dan Senecal-Albrecht
5 Cabot Court
189 Catkin Drive
CCRPC
So. Burlington, VT 05403
So. Burlington, VT 05403
30 Kimball Ave., Ste 206
So. Burlington, VT 05403
Cathy & Joseph Frank
8 Baycrest Drive
So. Burlington, VT 05403
Linda Mickel
21 Bower Street
So. Burlington, VT 05403
Lisa Yankowski
35 Central Avenue
So. Burlington, VT 05403
Carolyn Palluto
33 Floral Street
So. Burlington, VT 05403
RB Atkinson
90 Allen Road
So. Burlington, VT 05403
417031 v1:8346-00006
Ruth Trevithick
1751 Spear Street
So. Burlington, VT 05403
Jenny Crawford
46 Davis Parkway
So. Burlington, VT 05403
Eberhard Klaehne
136 Baycrest Drive
So. Burlington, VT 05403
Joe Cousino
125 Catkin Drive
So. Burlington, VT 05403
Kevin McQuillen
1406 Hinesburg Road
So. Burlington, VT 05403
Sally Walker
154 Catkin Drive
So. Burlington, VT 05403
Patrick Clifford
4047 Spear Street
So. Burlington, VT 05403
Jane Primm
1971 Spear Street
So. Burlington, VT 05403
Pat Calkins
1835 Spear Street
So. Burlington, VT 05403
Amanda S.E. Lafferty
Stitzel Page & Fletcher P.C.
171 Battery St., PO Box 1507
Burlington, VT 05402-1307
tof
VERMONT ENVIRONMENTAL COURT [r2)
FOR THE
STATE OF VERMONT
IN RE: )
SOUTH VILLAGE COMMUNITIES, LLC. ) Docket No.
Master Plan Application #MP-04-01 )
MOTION TO REMAND
Now comes APPLICANT SOUTH VILLAGE COMMUNITIES, LLC, by and through its
attorneys, Paul Frank + Collins P.C., and hereby makes the following motion to remand. On April
7, 2005, South Village Communities, LLC ("South Village") filed a motion to reconsider the above -
referenced South Burlington Development Review Board ("DRB") decision. On April 8, 2005,
South Village also filed a protective appeal and a motion to stay the appeal period because the effect
of a motion to reconsider on tolling an appeal period is not clear under the new Environmental
Court rules. Based on Attorney Anderson's letter of April 11, 2005, which is attached, Mr. Vallee
filed an appeal of the decision on April 8, 2005. Mr. Anderson indicates that he believes the
jurisdiction is with this Court, but that his client has no objection to remanding the matter to the
DRB so that reconsideration can occur. Since the motion to reconsider was filed before the appeals,
it is not clear which tribunal, the DRB or this Court, has jurisdiction over the matter. The simplest
resolution, as suggested by Mr. Anderson, is for this Court to order the remand of the matter to the
DRB to hear the request for reconsideration. Mr. Anderson indicates that his client has no objection
to the remand. The City of South Burlington's counsel believes it has jurisdiction in view of the
motion for reconsideration in any case, but it will not object to a remand.
For the above -referenced reasons, South Village respectfully requests that this Honorable
Court remand the case to the DRB for review of South Village's motion for reconsideration.
PAuL FRANK + COLLINS P.,
ATTORNEYS AT LAW
BIIRLINOTON. VE NT
PLATTSeuRGH, NEW YORK
DATED at Burlington, Vermont, this 12ih day of April, 2005.
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
.�--�
BY:
Mark G. Hall, Esq.
PO Box 1307, One Church Street
Burlington, VT 05402-1307
cc: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
Mr. Ray Belair
416536 vl:8346-00006
PAUL FRANK + COLLINS P.
ATTORNEYS AT LAW
BURLRVOTON, VERMONT
PLATTs6UROR, NEW YORK
BURA DERSON
MELLONI PLC
Counsellors at La,,N-
Jacalyn M. Stevens, Clerk
Vermont Environmental Court
2418 Airport Road, Suite 1
Barre, VT 05641-8701
(,(or- 11
:Michael L. Burak°
Jon Anderson
Thomas It. Nlelloni`
Michael B. Rosenberg'
Shane W. McCormack*f
W. Scott Fewell �
Ai ja Frcihurg
Gatcway square • 30 Alain Street
Post Office Box 787
Burlington, \ermont 05402-0787
Phone: 802 862-0500
Far: 802 862-8176
w���3:�•tla�3.l.com
'.Uso admitted in Nea lurk
•Also admitted in the District of Columbia
I Xlso admitted in Massachusetts
°Also admitted in Connecticut K Penns.ylrania
April 11, 2005
Re: Appeal of Vallee; Environmental Court Docket No
Dear Jackie:
APR 12 2005
Over the past few days, Skip and Denise Vallee and South Village, Inc. appealed the
determination of the Development Review Board. South Village, Inc. also filed with the South
Burlington Development Review Board a Motion and Request to Reconsider Findings of Fact
and Decision and a Motion to Stay Appeal Period. The last two filings are designed to allow the
South Burlington Development Review Board to do some additional work on its decision before
we begin spending money to review it on appeal. Skip and Denise Vallee have no objection to
providing an opportunity for such work. We believe, however, that since appeals have been
filed, the Environmental Court now has jurisdiction over this matter. Thus, South Village, Ine.'s
request can only be satisfied by remanding jurisdiction of the matter to the South Burlington
Development Review Board. Skip and Denise Vallee would have no objection to a remand if it
were requested by South Village, Inc.
Very truly yours,
o Anderson
JTA/alb
cc: Mr. Ray Belair
Mark G. Hall, Esq.
S'AClient Matters\72835\Letters\jta stevens3.doc
PAU L FRANK COLLINS P.C. Mark G. Hall
mhall@PFC/aw.com
April 12, 2005
Vermont Environmental Court"--
Jacalyn M. Stevens, Court Manager 1
241 a Airport Road, Suite 1
Barre, VT 05641-8701
RE: South Village Communities, LLC
Master Plan Application #MP-04-01, South Burlington, Vermont
Dear Jacalyn:
I enclose a Motion to Remand for filing in the above matter. If you have any questions or
comments, do not hesitate to contact me.
Cordially yours,
PAUL FRANK + COLLINS P.C.
Mark G. Hall
Enclosure
cc w/enc.: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
Mr. Ray Belair
416559 vl: 8346-00006
ATTORNEYS AT LAW I www.PFC/aw.com
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042
A Member of TerraLex@ The Worldwide Network of Independent Law Firms
r
STITZEL, PAGE & FLETCHER, P.C.
ATTORNEYS AT LAW
171 BATTERY STREET
P.O. BOX 1507
BURLINGTON, VERMONT 05402-1507
(802) 660-2555 (VOICE/TDD)
STEVEN F. STITZEL
FAX (802) 660-2552 or 660-9119
PATTI R. PAGE*
WRITER'S E-MAIL(ALAFFERTY@FIRMSPF.COM)
ROBERT E. FLETCHER
WRITER'S FAX (802) 660-2552
JOSEPH S. McLEAN
TIMOTHY M. EUSTACE
AMANDA S. E. LAFFERTY
(*ALSO ADMITTED IN N.Y.)
April 12, 2005
Jacalyn Stevens, Manager
Environmental Court
2418 Airport Road
Barre, VT 05641-8701
Re: Appeal of Vallee
Appeal of South Village
Docket No. 74-4-05 Vtec
Dear Jackie:
Communities, LLC
JILL E. SPINELLI
WILL S. BAKER
Enclosed please find my Entry of Appearance in connection
with the above -referenced matter.
I am also writing to inform the Court that, by motion filed
with the City on April 7, 2005, the Applicant, South Village
Communities, LLC, requested that the Development Review Board
reconsider its Findings of Fact and Decision. Therefore, the
Development Review Board retains jurisdiction over the subject
application.
However, the above -referenced appeals of said Findings of
Fact and Decision were also filed with the Court on or about
April 7, 2005. To the extent that there is any confusion
regarding jurisdiction, the City has no objection to the Court's
remand of this matter to the Development Review Board so that the
Board may consider Applicant's Motion to Reconsider.
It is the City's understanding that, pursuant to V.R.E.C.P.
5(b)(1), the Applicant's Motion to Stay Appeal Period should be
considered by the Court rather than by the Development Review
Board.
w
Jacalyn Stevens, Clerk
April 12, 2005
Page 2
Please call if you have any questions. Thank you.
Sincerely,
Amanda S. E. Lafferty'
ASEL/br
son5682.cor
Enclosure
cc: Raymond Belair '
Mark G. Hall, Esq.
Jon Anderson, Esq.
STATE OF VERMONT
ENVIRONMENTAL COURT
RE: APPEAL OF VALLEE )
APPEAL OF SOUTH ) DOCKET NO. 74-4-05 Vtec
VILLAGE COMMUNITIES, )
LLC )
ENTRY OF APPEARANCE
NOW COMES AMANDA S. E. LAFFERTY, of the firm Stitzel, Page &
Fletcher, P.C., and hereby enters her appearance in the above -
referenced matter by and on behalf of the City of South
Burlington.
DATED at Burlington, in the County of Chittenden and State
of Vermont, this 12th day of April, 2005
son2067.liteoa
STITZEL, PAGE &
FLETCHER, P.C.
ATTORNEYS AT LAW
171BATTERYSTREET
TO. BOX 1507
BURLINGTON, VERMONT
05402-1507
STITZEL, PAGE & FLETCHER, P.C.
r '6
By: 47 . �+
Amanda S. E. Lafferty
I r
PAUL FRANK COLLINS P.C. MarkG. Hall
mhall@PFC/aw.com
April 12, 2005
Vermont Environmental Court
Jacalyn M. Stevens, Court Manager
2418 Airport Road, Suite 1
Barre, VT 05641-8701
RE: South Village Communities, LLC
Master Plan Application #MP-04-01, South Burlington, Vermont
Dear Jacalyn:
I enclose a Motion to Remand for filing in the above matter. If you have any questions or
comments, do not hesitate to contact me.
Cordially yours,
PAUL FRANK + COLLINS P.C.
i
Mark G. Hall
Enclosure
cc w/enc.: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
Mr. -Ray Belair
416559 vl: 8346-00006
ATTORNEYS AT LAW I www,PFC/aw.com
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042
A Member of TerraLex@ The Worldwide Network of Independent Law Firms
VERMONT ENVIRONMENTAL COURT
FOR THE
STATE OF VERMONT
IN RE: )
SOUTH VILLAGE COMMUNITIES, LLC. ) Docket No.
Master Plan Application #MP-04-01 )
MOTION TO REMAND
Now comes APPLICANT SOUTH VILLAGE COMMUNITIES, LLC, by and through its
attorneys, Paul Frank + Collins P.C., and hereby makes the following motion to remand. On April
7, 2005, South Village Communities, LLC ("South Village") filed a motion to reconsider the above -
referenced South Burlington Development Review Board ("DRB") decision. On April 8, 2005,
South Village also filed a protective appeal and a motion to stay the appeal period because the effect
of a motion to reconsider on tolling an appeal period is not clear under the new Environmental
Court rules. Based on Attorney Anderson's letter of April 11, 2005, which is attached, Mr. Vallee
filed an appeal of the decision on April 8, 2005. Mr. Anderson indicates that he believes the
jurisdiction is with this Court, but that his client has no objection to remanding the matter to the
DRB so that reconsideration can occur. Since the motion to reconsider was filed before the appeals,
it is not clear which tribunal, the DRB or this Court, has jurisdiction over the matter. The simplest
resolution, as suggested by Mr. Anderson, is for this Court to order the remand of the matter to the
DRB to hear the request for reconsideration. Mr. Anderson indicates that his client has no objection
to the remand. The City of South Burlington's counsel believes it has jurisdiction in view of the
motion for reconsideration in any case, but it will not object to a remand.
For the above -referenced reasons, South Village respectfully requests that this Honorable
Court remand the case to the DRB for review of South Village's motion for reconsideration.
PAUL FRANK + COLLINS Pt1
ATTORNEYS AT LAW
BU MOTON, V - ONT
PI.ATTSEUROH, NEW YORK
DATED at Burlington, Vermont, this 12th day of April, 2005.
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
BY:
Mark G. Hall, Esq.
PO Box 1307, One Church Street
Burlington, VT 05402-1307
cc: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
Mr. Ray Belair
416536 vl: 8346-00006
PAUL FRANK + COLLINS I
ATTOR EV AT LAW
,3,z,GTON, V -WONT
PLATTS.1-,, NFW Y...
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BURR DERSON
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MELLONI PLC
Counsellors at Law
Jacalyn M. Stevens, Clerk
Vermont Environmental Court
2418 Airport Road, Suite 1
Barre, VT 05641-8701
(C(a �Iy
Michael L. Buratk°
,Ion Uderson
Thomas It. IIclloni`
Michael B. Rosenberg'
Shane VV: McCormack°$
VV. Scott FeHello
,b ja Freiburg
Gateway Square • 30 Main street
Post Office Box 787
Burlington, Vermont 054020787
Phone: 802 862-0500
Fats: 802 862-8176
NA-m .1-dam Loom
'Also admitted in :den lurk
'Also admitted in the District of Columbia
IAlso admitted in Massachusetts
°Also admitted in Connecticut K Pennsylvania
April 11, 2005
Re: Appeal of Vallee; Environmental Court Docket No
Dear Jackie:
APR 12 2005
Over the past few days, Skip and Denise Vallee and South Village, Inc. appealed the
determination of the Development Review Board. South Village, Inc. also filed with the South
Burlington Development Review Board a Motion and Request to Reconsider Findings of Fact
and Decision and a Motion to Stay Appeal Period. The last two filings are designed to allow the
South Burlington Development Review Board to do some additional work on its decision before
we begin spending money to review it on appeal. Skip and Denise Vallee have no objection to
providing an opportunity for such work. We believe, however, that since appeals have been
filed, the Environmental Court now has jurisdiction over this matter. Thus, South Village, Inc.'s
request can only be satisfied by remanding jurisdiction of the matter to the South Burlington
Development Review Board. Skip and Denise Vallee would have no objection to a remand if it
were requested by South Village, Inc.
Very truly yours,
o Anderson
JTA/alb
cc: Mr. Ray Belair
Mark G. Hall, Esq.
S Thent Matters\92835\Letters\jta stevensIdoc
1 �
1
PAUL FRANK + COLLINS P.C.
April 8, 2005
HAND -DELIVERED BY COURIER
Vermont Environmental Court
Jacalyn M. Stevens, Court Manager
2418 Airport Road, Suite 1
Barre, VT 05641-8701
RE: South Village Communities, LLC
Master Plan Application #MP-04-01, South Burlington, Vermont
Dear Jacalyn:
Mark G. Hall
mhall@PFC/aw.com
I enclose a Notice of Appeal, $225.00 filing fee, and a copy of South Village's Motion to Extend
the Appeal Period that was filed with the City of South Burlington Development Review Board.
On April 7, South Village filed a motion to reconsider the above -referenced master plan
decision. The rules and the statute are not absolutely clear whether such a procedure is available
to toll the running of the 30-day appeal period, so South Village is filing this Notice of Appeal as
a precautionary measure to preserve its rights as the original appeal period is due to expire on
Monday, April 11, 2005.
If you have any questions or comments, do not hesitate to contact me.
Cordially yours,
PAUL FRANK + COLLINS P.C.
J
Mark G. Hall
Enclosures
cc w/enc.: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
416068 vl: 8346-00006
ATTORNEYS AT LAW I www.PFC/aw.com
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042
A Member of TerraLex@ The Worldwide Network of Independent Law Firms
PAUL FRANK + COLLINS P.C.
April 8, 2005
HAND -DELIVERED BY COURIER
Mr. Raymond Belair
Planning and Zoning Department
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: South Village Communities LLC
Master Plan Application #MP-04-01
Dear Mr. Belair:
Mark G. Hall
mhall@PFC/aw.com
Enclosed please find a Motion to Stay Appeal Period, Notice of Appeal, and correspondence to
the Environmental Court in the above application. Please note, Ray, that the Notice of Appeal is
only filed as a precautionary matter to preserve the time as the rules and the statute are not
absolutely clear whether a motion to reconsider will toll the appeal period.
Please give me a call if you have any questions or comments.
Cordially yours,
PAUL FRANK + COLLINS P.C.
Mark G. Hall
Enclosure
cc w/enc.: Vermont Environmental Court
Julie Beth Hinds, Director, Planning & Zoning
Jon Anderson, Esq.
Amanda S.E. Lafferty, Esq.
Mr. David Scheuer
416035 vl:8346-00006
ATTORNEYS AT LAW I www.PFC/aw.com
One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042
A Member of TerraLex@ The Worldwide Network of Independent Law Firms
STATE OF VERMONT
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
IN RE: South Village Communities, LLC / Master Plan Application #MP-04-01
MOTION TO STAY APPEAL PERIOD
Now comes APPLICANT SOUTH VILLAGE COMMUNITIES, LLC, by and through its
attorneys, Paul Frank + Collins P.C., and it hereby moves to continue the appeal period of the South
Burlington Development Board ("DRB") decision, dated March 10, 2005, in the above -referenced
matter. Pursuant to V.R.C.P. 76(e)(2)(B), appeals to the Vermont Environmental Court are
governed by V.R.A.P. 4. Rule 4 permits the DRB to grant an extension of the zoning appeal period
upon a showing of good cause. On April 7, 2005, South Village requested reconsideration of three
permit conditions and it is currently discussing with the City Council a creative resolution to one
issue in the development agreement required by the permit. It is unclear whether reconsideration is
permitted under Title 24, so South Village is requesting an extension on the appeal period while the
motions for reconsideration are decided and negotiations with the City proceed. Accordingly, there
is good cause to extend the appeal period for 30 days, the maximum permitted by Rule 4.
Wherefore, South Village respectfully requests that this motion to extend the appeal period
be extended by 30 days.
PAUL FRANK + COLLINS P.1
ATTORNEYS AT LAW
BV WGTON, VE NT
PLATTSBORGM, NEW YOM
DATED at Burlington, Vermont, this 81h day of April, 2005.
SOUTH VILLAGE COMMUNITIES, LLC.
BY: PAUL FRANK + COLLINS P.C.
BY: 1"- '--A z
Mark G. Hall, Esq.
PO Box 1307, One Church Street
Burlington, VT 05402-1307
cc: Julie Beth Hinds, Director, Planning & Zoning
Amanda S.E. Lafferty, Esq.
Jon Anderson, Esq.
Mr. David Scheuer
Vermont Environmental Court
416028 v1:8346-00006
PAUL FRANK + COLUNS i
ATTORNEYS AT LAW
ExWGTON, VE ONT
PLATTSHURGH, NEW YORK
2