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HomeMy WebLinkAboutBATCH - Supplemental - 0244 0250 0000 Van Sicklen Road (2)ri r-0, south urlington PLANNING & ZONING January 7, 2010 Heather Kendrew Burlington International Airport 1200 Airport Drive, Suite #1 South Burlington, VT 05403 Re: Design Review for 244 Van Sicklen Road Dear Mr. Schumacher: Enclosed, please find a copy of the Findings of Fact and Decisions of the above referenced projects approved by the South Burlington Development Review Board on January 5, 2010 If you have any questions, please contact me. Sincerely, Jana Beagley Planning and Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT #7009 0080 0001 4401 5690 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com PLANNING & ZONING January 7, 2010 Neil Haskell and Jake Farnham Haskell 43 Maple Street Essex Junction, VT 05452 Re: Teljet Longhaul Antenna — site plan review, conditional use review Dear Sir or Madam: 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, Jana Beagley Planning & Zoning Assistant Enc. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802,846.4101 www.sburi.com Interested Persons Record and Service bst southbuirlin V E PM O NT Under the 2004 revisions to Chapter 117, the Development Reviev� Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interestedperson. status to demonstrate . compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered -by the DRB-must_be mailed to every person or body appearing and having been heard by t-he DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB-must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: ✓ ��• S �O PLEASE PRINT CLEARLY! NAME MAILING ADDRFSS PRn_1F'r`T nP 1K1T1Zor=c-r JI N I e- fl - i-d (t� asS 'eO �C, s,'s kc"-s- �d s� OS'-L/0 3 S�� Maw S 51 6-,, ,4r o vv roN s,.b c u (� re, rn AS F� -t S �,-, G vc'. C' ii\c'iati S l 1 mil/ r 1 OS4Sa a q ` �41 sj� v1 ra _ s r M Interested Persons Record and Service List Under the.2004 revisions to Chapter 117, the Developmerft Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person -status to demonstrate - - compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24_V.S.A. § 4461(b). A copy of any decision rendered by -the DRB must -be mailed to every person or body appearing and having been heard by -the DRB. 24 V,S.A. § 4461(b.)(3). Upon receipt of notice of an appeal to the environmental. court, -the -DRB, must supply a --list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME MAII 1K1(, AnnpC:cc nor% 11-P%T r.� ,..r.-.-. MLrnA - ---- - - - --- - ■-W"%. 1 \JI 11r 1 GRGJ 1 s n 1 io 14t CO Lt L4 az�l"Za YJ � n r -u 1 °Z_ 27: aMt & 4 r1g, Interested Persons Record and Service List I E%.'v10 tjT Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate - compliance with the applicable criteria. 24 V.S.A. § 4461(b).-The DRB must keep a -written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the-DRB_must be -mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice -of an appeal to the environmental court,-the_DRB:-must supply a list of interested persons to the -appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: .�rd Z, 4?-000 PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST 4r ZI VR Jr� rr-e �! I - Lhgki wuo -3 PhfWA CE-Qr-4v& .4 6es Interested Persons Record and Service List southkurlfiti,gton v tN M 0 N- Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportun-ity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB_ 24 V.S.A. § 4461(b)(3).-Upon receipt of notice of .an appeal to the environmental -court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME MAII IiU(-' AnnDCee nnr, iri-r .- - v1 Kim I LI%LJ I �'Ci �" C i �� ✓� A. r (�/1i 4�. ✓f7T��Z� W L6uJ✓l Vlt 4-C/ ! I WJ 'eu�J dcx �Czv6� DOV\ M, br d arah te/nes CA11,h000d -r. Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the DevelopnIent Review Board (DRB) has certain administrative obligations with respect to. interested persons. At any hearing, there must be an . opportunity for each person wishing to achieve interested person status to demonstrate - compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address -and participation of each personwho-has sought interested person status. .24 V.S.A. § 4461(b). A copy of any decision rendered by the. DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 44f 1(b)(3). Upon receipt of notice of an appeal to the environmental court, the-DRB must supply a list of. interested persons.to the appellant in five working days. 24 V.S.A.-§ 44.71(c). HEARING DATE: s,j ! Clj 'D /P PLEASE PRINT CLEARLY! NAME MAII IN(, AnnRF-q-q PPr) IFr�T r1G 1A1T[=O=CT fC0LLl.q S Ctif IS �iYJ�►1 1 ht C)-4,A ._ A-I1 Li�CJ�`" lJ J= �U%t--) i VC' Tv� (• n n' I / �CJ`�-�-'J. 0VrL i N LATOP bP:Yn' �oD I P, fit Number DR - APPLICATION for MASTER SIGNAGE PERMIT City of South Burlington ALL information requested in this application must be completed in full. If you do not provide all of the requested information with this application form, as well as the required plans and design information, the City will not schedule a review of the application before the Design Review Committee. Application for: pp _� Initial Master Signage Permit after June 3, 2002 Amendment of Master Signage Permit Individual Sign, pursuant to Master Signage Permit #DR- - Property &Street Address: I 1yUt V) It, fk%Vq K 0 Tax parcel ID # (from Tax Assessor or Planning & Zoning): Property Owner of Record (name as shown on deed, mailing address, phone, fax#): L7ur��nTic,.� Zr�icnrW�`ona.� fa':h(�o(��' 1200 �Fti`aor+�' i7� �'� So��'� PStrrl�Jria�e.. Applicant, if not Owner (name, mailing address, phone, fax #): ,,, k 3 i1(.t;te-, Sf-L�,e )ui1c1-1ch Ve!smc"it ,P omc!,-<302) V(-7i613 Contact person (name, mailing address, phone, fax #): sr' Ku reui r\ Lrxk-\ AW pork 'Sb2 -N L -7 4,3-L Is the applicant an existing or future tenant of the building? Application is seekin approval to: Yes No I hereby certify that all the information requested as part of this application has been submitted and is accur t e best of my AW knowledge. p Applicant roperty/Building Owner Please do not write below this line DATE OF SUBMISSION: . 101 f 6C1 I h g reviewed this application and find it to be ';%'complete incomplete Code Of er or Designee Date P hit Number DR- - APPLICATION for MASTER SIGNAGE PERMIT City of South Burlington REQUIRED DESIGN INFORMATION for INITIAL & AMENDED MASTER SIGNAGE PERMITS ONLY The following information MUST be included with the application and/or shown on an accurate plot plan of the lot. Failure to include this information will delay the review of your application! Please submit five full size and one 11"x17" plot plan drawing. Accurate plot plan of the lot, showing the location of: Buildings Parking lots Driveways Landscaped areas 2. Computation of the maximum area, number and height of signs allowed on the property, by type of sign: Free-standing and/or landscape feature signs (See Section 9 and Section 14) Wall signs (See Section 10) Directory Signs (See Section 11) Incidental and Directional Signs (See Section 12) 3. Area and height of each sign proposed for your property (Initial Master Signage Permits and Master Signage Permit Amendments only) 4. Location, size, date of installation, and status of all non -complying signs on your property. DESIGN PARAMETERS FOR THE MASTER SIGNAGE PERMIT (See Section 8(d) of the Sign Ordinance for details) 5. Color illustrations showing proposed: Shapes Materials — Foreground and background color schemes — Typeface(s) Sizes (include a range of sizes if desired) Installations/sign types Description of how one or more of the features above will relate all of the signs to each other visually. 6. Location and specifications of all proposed light fixtures and lighting elements, including cut sheets. 7. Proposed general design for any incidental and directional signs on the property, other than those with designs prescribed by law. Vk S,41en N No Text } ARCHAEOLOGICALLY Tlu ZONE JOHN & PATRICIA TRMR W.D. VOLUME 215 PAGE 195 „� I 211411986 1+ 30 FT WDE UTILITY LOT 3 FA1ZVMFNT /7FNTFRFn 31.8 ACRES IN SO. 6UK_' 512.00' . , IRON ROCS 1v AROUND Bf SE, 244.05' ^ _ .,.. ..... HiIIANC �PROTFCnON BOUNDARY. 51 F7 SETBACK (CITY S0. BURL. 'Q FROM EDGE- OF iW ) + LoT J (rw.) \ _ _r. NQ WWATION �) 222.208 p.tt. �l� 1 tR �'LUt T8 BUILDING 5.10 acroa 3 ! ' `� frmVELOPE" l 21 FT IFRLINE (ryp.� I CASEMlNr 10 IW 47TY ttpp ! l 1 •` 1 L015Q1 BU4L. ACROSS zo Fr FLECIR/c POEASEMENT FOR \ \ KE7ZAND PR07LC77ON BOUNDARY WR7UNrAIN \ STA TE V �C. U D LIMN OF D/57URBANCE d 512.00' f7 \ S81131'46£ 1Q' SETBACKT GRA VEL ROAD \ 1 — TO Bf 7 CONS73RUC7TD IN 1 ~ I t CENTER OF 60 FT R.O.W. N I \`�---- t FRONr YARD \ t LoT z ' �- 0 rr 23(' ' 9,357 sq.ft. ! 5.49 acres 'FYI � I I I •`. s • `� o I N7608'1 " o DOUCLAS & DOR MV 67 e W �' I AMWALL 8 71 ' I VOLUME ill PAGE 17 CI Ty OF EASOSEMENT FOR IRF N84 07'00 "W IRF J1271197J 60 FT ' BURLINGTpN 180.45' 'WHY CAGE SCHOOL RiJS TURN Ap_)C vC POND '1 PA C .'67 VOLUME 211 PAGE 233. V . l -.•992 I a � � �' �"' �► .rac � oy "�C 49 PAGE ll3 \ °hp + a v "- r 'RFIf Allr,r N83;3u 55,_w M ROAD 16 - 201. 14 FOR SEWL"R FASEMENT ` SF_E• occvSE' AGR SOU7N Or VAN S/C><LEN ROAD I AND W WAM EEdIL /yT 9E PArEPd /V,, ENT77ZT'D VESSEL, SAID AGREEMENT "t/LIL- DtJPPSTAD * SEE EASEMENT DEEc REVISED Il TH£ OLD STONE HOUSE FARM�EF£RS TO PLAN VOLUME 706 PAGE 27-199B, B Y LAMOUREUX DA 1ED 11— ON SLIDE ENGINEERS, INC. S TONE � 0 L,�AR y' CONSUL ANG 453A. LYNN FIFE lAMEs & " 7ZW YA1V BAP srcxr,EN L,,WTED P . :\ � < & <4 No Text No Text Al " Ak.2 , IL 4 '� NR r.+�i+�'+ :'. Y/�j�' #� f � _.'„ - r �� ���� BURLINGTON INTERNATIONAL AIRPORT SOUTH END DEVELOPMENT PROJECT MUDDY BROOK COMPENSATORY WETLAND MITIGATION SITE DESIGN SUBMITTAL NARRATIVE APRIL, 2005 INTRODUCTION Burlington International Airport has purchased a 48.8 acre site, referred to as the "Muddy Brook" site, on Van Sicklen Road in the Town of Williston and the City of South Burlington. The site is being developed as a compensatory wetland mitigation site to compensate for the wetland impacts associated with the Airport's "South End Development." A Conceptual Plan was created for the development of the site in July, 2004. The plan was approved by the Vermont Agency of Natural Resources on July 14, 2004, and by the US Army Corps of Engineers on July 21, 2004. MITIGATION SITE DESIGN SUBMITTAL The design of the site has now been accomplished, in accordance with the Conceptual Plan and in light of the additional topographic survey obtained in late July of 2004. Following the submittal of the Conceptual Plan, three additional groundwater monitoring events occurred, at the end of each of the three months of July, August and September (see attached updated Groundwater Monitoring Results, Exhibit #1). The intention was to gather data to help predict the typical fluctuation of the groundwater table through the growing season. Unfortunately, from this perspective, 2004 was a wet year throughout the growing season, keeping the groundwater table abnormally high at the end of the summer. Therefore, no useful data on ordinary low groundwater elevations was obtained, and the design was obliged to proceed based solely on the 2004 ordinary high water data. Attached is a set of plans (Exhibit #2, under separate cover), including an Existing Conditions/Demolition Plan, Grading Plans and Planting Plans, and a Details Plan which provide details on the design elements of the site. I:\118672F\Admin\Design Submittal Narr.doc As described in the Conceptual Plan, the mitigation site development includes several elements, as follows: 1. Permit Discontinuance The CUD and COE 404 permits are being discontinued, and will be allowed to expire. The existing road, constructed under those permits, (in areas other than where it will be used as a berm) will be excavated to six inches below adjacent existing grades. Imported topsoil will then be used to backfill the excavation to meet finish grades. The 30" culvert under the road will be removed and that area will be backfilled. In the area of the berm, the finish grades will vary from 337.0' to 334.5' as shown on the plans. The berm will impede surface water flow up to elevation 334.5', thereby reversing the existing artificial drainage through ditches and a culvert, and enhancing the wetland hydrology of mapped upland areas along the western edge of the existing road. The existing road will be maintained in its current condition to a point 180 linear feet north of the southern property boundary, in accordance with an existing easement for a school bus turn -around (Exhibit #3). This will also provide permanent parking spaces for use by site monitoring personnel, City personnel in relation to the sewer and water line easement, and members of the public for passive recreation on the site. Boulders will be placed at the northern edge of the turn-around/parking spaces to discourage motorized vehicle use of the remainder of the site. The entire surface of the former roadbed will be underlain by six inches of topsoil, and will be seeded with a wetland erosion control/restoration seed mix and mulched. Existing utility structures which extend above the ground surface elevation, and those underground structures which would interfere with excavation, will be removed, as shown on the Existing Conditions/Demolition Plan. The removal of the road is expected to restore 0.63 acre of previously impacted wetland and 0.5 acre of previously impacted wetland buffer. 2. bland Habitat Restoration I:\118672F\Admin\Design Submittal Narr.doc Existing upland habitat value will be restored. This will occur on 4.4 acres of upland on the western edge of the site and 0.5 acres just west of the archeologically sensitive zone, as previously shown on the Conceptual Plan Sheets (Exhibit #4). In these areas, restoration will be accomplished by the discontinuation of mowing (where currently permitted), planting of trees and shrubs of benefit to wildlife for food and cover and provision of an evergreen visual screen between the site and its nearest neighbor to the west (see Exhibit #2, Planting Plan Sheets), and the elimination of invasive weedy shrubs (honeysuckle and buckthorn). The weedy shrubs will be cut to the ground at the beginning of site development, and the sprouts will be cut to the ground during each of the five years of post -construction monitoring, in an effort to eradicate them. 3. Restoration of degraded wetland hydrology and habitat value. With the exception of the wetland forest in the northeastern corner of the site, the existing wetland on the site has been degraded by ditching, mowing, and planting to agricultural grasses, including reed canary grass. Impacted wetland hydrology will be restored by plugging the existing drainage ditches on the site (see Exhibit #2, Grading Plan, Sheet 1). Also, the culvert under the existing road will be removed, and that area will be filled in association with a berm. The existing road sub -base will be utilized as a berm, with a controlling elevation of 334.5'. The controlling elevation will be 1.1' higher than the existing culvert invert elevation, and will help to reverse the artificial drainage of wetland to the west. The degraded wetland areas to the east of the water/sewer easement will be planted with trees and shrubs of benefit to wildlife for food and cover. This will provide an immediate benefit to wildlife, and will hasten succession to native species by shading out reed canary grass and providing seed sources for several native wetland tree and shrub species. East of the Kendall house, an evergreen screen will be planted to shield the site from Van Sicklen Road. In the meadow at the eastern edge of the site, willow and cottonwood trees will be planted along the northern bank of Muddy Brook. Their branches are expected to eventually extend out over the brook to provide shade. (See Exhibit #2, Planting Plan, sheet 1). All areas of degraded wetland will benefit by the discontinuation of mowing and the cutting of weedy shrubs as described for upland areas, I:\118672F\Admin\Design Submittal Narr.doc above. The restoration of wetland hydrology and habitat value will occur on approximately 12.5 acres of land. 4. Creation of wetland from upland A 1.3-acre area of mapped upland will be converted to wetland by excavation to create a shallow marsh. (See Exhibit #4, Conceptual Plan and Exhibit #2, Design Submittal Plans). The marsh area will include five planting islands for various wetland tree species. These trees are intended to provide shade for the marsh as well as food and cover for wildlife. The ordinary high water elevation in the vicinity of the marsh is assumed to be 337.0', based upon the 2004 groundwater monitoring. The marsh has been designed to provide water depths of zero to approximately two to three feet deep during ordinary high water The marsh will be planted with duck potato (Sagittaria latifolia), hardstem bulrush (Scir us acutus) and soft -stem bulrush (Scir us validus) between elevations 336.0 and 337.0. These plantings will be concentrated in that narrow band of shallow water, as they cannot tolerate deeper water when first planted. Over time, the duck potato is expected to colonize the areas with water depths of two feet. The hardstem bulrush can eventually tolerate up to three feet of water. The softstem bulrush is expected to colonize to areas of up to one foot depth of water. The wild .rice (7iZania a uatica) should grow throughout the marsh in its first year, and should reseed itself in subsequent years. The water celery (Valisneria aquatica) will be planted between elevations 334.0 and 336.0. It is expected to extend itself over time throughout the marsh. An area of wet meadow between elevations 337.0 and 338.0 will be planted with a northeast wetland grass-forbs mix, to increase the diversity of wetland species along the edge of the marsh. The tops of the islands and the area of wet meadow from elevation 338.0 to the limits of construction will be planted to a wetland erosion control/restoration seed mix. (See Exhibit #2, Planting Plan, Sheet 2). To the west of the berm, 0.7 acres of mapped upland is expected to convert of wetland due to the restoration of wetland hydrology by blockage of drainage. In addition, 0.9 acre of mapped upland to the east of the berm may convert to wetland by restoration of wetland hydrology associated with the plugging of the drainage ditches. (See Exhibit #4). I:\118672F\Admin\Design Submittal Narr.doc The existing groundwater monitoring wells are to remain undisturbed during construction where possible so that groundwater monitoring can continue semi-annually during the five-year post - construction monitoring period. Potential changes to the ordinary high water elevations due to blockage of artificial drainage, along with changes in vegetation, will be observed during the post -construction monitoring period and used as a basis for determining the areas of conversion of upland to wetland in the 0.7 acre and 0.9 acre areas. A four -foot diameter boulder, marked with a guage in 0.5' increments, will be placed at elevation 334.0' in the marsh to monitor water levels there. The total area of conversion of upland to wetland is estimated at 2.9 acres. CONCLUSION By dedicating the Muddy Brook site as a compensatory wetland mitigation area, the loss of 0.63 acres of wetland and 0.5 acre of buffer to development will be prevented. In addition to preventing direct impacts to wetland and buffer, the elimination of the housing development will prevent indirect impacts to the water quality and wildlife habitat functions of the remainder of the wetland on the site. Potential water quality impacts to be avoided are those associated with road runoff and lawn maintenance (fertilizers and pesticides). Potential wildlife habitat impacts to be avoided are those associated with disturbance by humans and pets. The development of the site as a mitigation area is expected to restore 4.9 acres of degraded upland habitat and 12.5 acres of degraded wetland habitat, and to create approximately 2.9 acres of wetland from existing upland. Thus, the restoration and creation efforts will occur on a total of approximately 20.3 acres. This restored and created habitat will exist within a context of a 49- acre parcel including approximately 21 acres of high -quality forested wetland, shrub wetland and upland forest, and approximately 1200' of Muddy Brook corridor. The improvements to the site are expected to improve the wildlife habitat value by increasing cover type and wetland species diversity and reducing or eliminating weedy species which are of little to no value to wildlife. Production export is expected to improve as the marsh develops. The plantings of cottonwood and willow trees along the bank of Muddy Brook will contribute to shoreline stabilization and will benefit fish habitat by providing shade and an additional source of food (insect drop). Altogether, the development of the site will create excellent mitigation to compensate for the impacts to the wildlife I:\118672F\Admin\Design Submittal Narr.doc habitat function of the wetland to be impacted by the BTV South End Development. As previously discussed, the mitigation for water quality impacts associated with the South End Development will occur primarily on -site by improvements to the Airport's stormwater infrastructure and development and implementation of the Airport's Stormwater Management Plan. In addition, some water quality mitigation will occur at the Muddy Brook site, in association with the provision of shade along a section of the brook, and by the prevention of potential water quality impacts associated with the permitted housing development. The non -consumptive recreation value will improve as the site becomes established as a conservation area on which the public is welcome to enjoy non - motorized recreation. An existing pedestrian path will continue to be protected under an existing easement (see Exhibit #3). The compensatory wetland mitigation package, including the acquisition of and above -described improvements to, the Muddy Brook site, along with the on - site improvements to the Airport -wide Stormwater Management Plan, will be more than adequate to compensate for the wetland impacts associated with the BTV South End Development project. I:\118672F\Admin\Design Submittal Narr.doc to(l-free 7 days! 1- )49, ext. 3025. ricfat nediate cash for struc- >-ments, annuities, Law ritances, mortgage cash flows. J.G. 800-794-7310. Kit i . i-1 ,ZY BOY SOFA: Both e. Matching large- iing rocker, both col- dgewood, bluish. ition. $1700, new. 0. Call 985-8726. :ter, one -of -a -kind. ible, finial and canopy :ceLLent condition. ad in Vermont! $1300. 878-2472. l: Wooden, almost 14" x 48", beautiful $90/firm.860-6828. d in small business office. Pull-out key- 31Hx7OLx2OD, stor- for PC or misc. Clean. �65-4927. , TABLE: Smalt, top, white Laminate, 30" deep, w/swivel 865-2036. CH AND CHAIR: Good (ou pick up. Call 802- leave message. slid maple, love seat to full bed. Good con- linaLly $500, will sett BO. 802-324-6233, lY DESK: 62" x 24", )gany swivel chair s and leather seat, 070. Couch, $75. l chair, $25. China i50. 802-847-1241. 'SK: Mid -sized, good $15. Call 598-5462. 'RNITURE: Cherry table w/six chairs, ). Four -drawer creden- ,BO. Cherry cabinet elf, $250/OBO. Call 1E IN DENMARK enter- anter. 1970s, amber L condition. Measures riches. $200/OBO. Call 598-7593. H: Big, cushy, really e! Washable cotton vers. Excellent shape. it. Leaving the coun- all. $450/OBO. 802- 1OWTOP mattress ing. Metal frame wsking $300, paid A less than 2 years, ipare bed. 999-5599. )D DRESSER for sale. >, 3'high x 51ong. n good shape but a touching up. ist sell. $50/OBO. 324. Please help! Contact Sara, 238- 1449 or scas@conncoll.edu. ► music for sale SOS FENDER Stratocaster: '67 reissue. Rare guitar, sunburst, maple neck, tweed case. $600. 862-8269. BABY GRAND PIANO: Needs tuning and some work. Best offer. Call 800-592-5930. GUITAR: 314 Taylor with pickup. Great condition! $750/firm. Call evenings, 802-865-5985. PLAYER PIANO: Euphona Inner Player, made by Cable Company, Chicago. Circa 1910-1928. Has been restored, should be in good working order. Comes with a box of piano rolls and a bench. $450. 651-1070. ► music instruct. BASS GUITAR LESSONS at Advance Music. All skill levels welcome. Tons of experience and education. Gordon Stone Band, Concentric. Call Aram, 598-8861. CLAW HAMMER BANJO: Learn Appalachian style pickin' and strummin' Emphasis on rhythm, musicality and technique. $25/hour. Call Mara, 862-3581. GUITAR: BerkLee graduate with classical background offers Les- sons in guitar, theory and ear training. Individualized, step-by- step approach. I enjoy teaching all ages/styles/levels. CaLL Rick Belford at 864-7195. GUITAR INSTRUCTION: All styles/Levels. Emphasis on devel- oping strong technique, thor- ough musicianship, personal style. Paul Asbell (Unknown Blues Band, Kilimanjaro, Sneakers Jazz Band, etc.), 862- 7696, www.pauLasbeLt.com. PIANO LESSONS: Classical, jazz and free improvisation. All ages, all levels. Exciting and encourag- ing approach. Can travel. William Michael, 802-899-6700 or 355-6234. VOICE LESSONS: Singers, actors, speakers. Learn from an experienced, flexible teacher. Vocal Damage repair. Susan Borg, Lincoln, VT (its worth the trip!) 802-453-7395, weed farm@gmavt.net. ► music services COSMIC HILL project recording studio. 30-years experience. $40/hour. Moretown. 496-3166. DARK GLOBE STUDIOS: Get quality sound, for the cheapest rates in town! Professional audio recording. Great introductory rates starting at $20/hour. Chill environment. All styles welcome. South Burlington. 660-9584 or info@darkglobestudios.com. J111a1L a11U �1)111«u, ll«u� a good home ASAP'. $225 adoption fee. Interested in meeting this fascinating bird? Call Andrew, 655-4378. ADORABLE F GRAY/WHITE dwarf bunny looking for good home. Inct. cage, hay bin, food dish, Litter box, water bottle. Litter, box trained and friendly. 238-8776. TWO SWEET CATS: Eight year - old brothers, declawed, neutered, wonderful house pets looking for a loving home. 802- 847-1241. WOLF HYBRID PUPPIES for sale. Father Gray wolf/Malamute. Mother Timber wotf/shepherd. Both parents on premises and excellent w/children. Ready 5/30. $350. 453-4520. ► photography A STREET AND DOCUMENTARY photography group Looking for interested photographers of at[ skill levels interested in a monthly meet -up for photography projects. Contact David, rusWp@juno.com or 802-373-1912. ► stuff wanted LOOKING FOR a recumbent bike to buy from you/information on where to get one. Call Emily, 518-281-8979 or aLbrie@rpi.edu. RECREATIONAL KAYAK, under 42 lbs., about 9' long, wide cockpit, such as Otter, Swifty or Featherlight. Call 862-8758. TAG SALE ITEMS wanted for Mercy Connections Collaboration of nonprofits. Antiques, col- lectibles, tables, chairs, stools, hutches, other dining room fur- niture, new or slightly used elec- tronics, telephones, tamps, chil- dren's books, DVDs or VHS movies, music or game CDs, other new or unopened items, for June 4 tag sale in Burlington. Call Michelle, 846- 7084 to offer a donation. WANTED: Triple stroller in good - condition, will pay. 864-5195. volunteers BURLINGTON GREEN PARTY seeks enthusiastic friendly vol- unteer student coordinators to recruit students for Green Party. Orientation, supplies provided. Further info, Owen 802-355- 5247 or Jay 802-324-8219. LIVE, WORK AND LEARN in Buddhist community: New center opening, machine operators, cooking, computer work, fundraising, design, book mak- ing. Includes: classes, medita- tion, Tibetan yoga, RM/BD. 510-981-1987 or dharmavols@ nyingma.org. u,ccuuy ucvv uuyn. nauic, � ia, Leaving your por lone for 9 hours a day, gi )m the opportunity to b utside and exercise. For information & rates please call Laura at (802) 598-1726. THE WOMEWS RAPE CRISIS CENTER will offer an orientation for those interested in volun- teering to serve on the 24-hour hotline and to assist with com- munity education, Wednesday, 5/25, 5:30-7:30 p.m. at the Women's Rape Crisis Center. Info, 864-0555. VOLUNTEER COORDINATOR needed for Burlington Literary Festival. Duties include recruit- ing, organizing and supervising large number of volunteers. Stipend plus perks offered. Burlington City Arts, 865-5816. ► want to buy ANTIQUES: Furniture, postcards, pottery, cameras, toys, medical tools, Lab glass, photographs, slide rules, license plates and silver. Anything unusual or unique. Cash paid. Call Dave at 802-859-8966. MODERN SOS AND 60S FURNI- TURE by Eames, Knott, Herman Miller, Bertoia, Saarinen, AaLto, Bertoia, Fritz Hansen, etc. Sometime called "space-age" or "retro". Also interested in pot- tery, ceramics and Lighting from this era. 864-9386. ® wedding secs. ULTIMATE BRIDAL PARTY: Enjoy a day of pampering and retreat for you and your clan. We'll treat you like the Goddess you are. Your home or ours. Beautiful setting, delicious food and beverages, spa treatments, yoga, your dream come true. Tara Carter CMT, 527-7359 or Lisa Limoge CMT, 860-3991. legals PUBLIC HEARING SOUTH BURLINGTON DEVELOP- MENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont, on Tuesday, June 7, 2005, at 7:30 P.M. to consider the following: u 111111y. YVQ UV IL dLL. LUW rates! 802-233-6015, www.fid d leh eadco ns u lta nts. co m. ROOMMATES.COM: Browse hundreds of online listings with photos and maps. Find your roommate with a click of the mouse! Visit http://www.Room mates.com. (AAN CAN) TJ'S WINDOW CLEANING: Free estimates. Discounts offered. Commercial/residential. Call Tom, 802-793-1887. 1. Preliminary plat application #SD-05-37 and final plat appli- cation #SD-05-38 of Precourt Investment Co, L.I.C. and Windjammer Hospitality Group, LLC for a boundary line adjust- ment to transfer 223 sq. ft. from 1150 Williston Rd to 1076 Williston Rd. 2. Final plat application #SD-05- 39 of University Mall Realty Trust to amend a previously approved planned unit develop- ment consisting of a 675,115 sq. ft. GFA shopping center complex with 614,338 sq. ft. of GLA. The amendment consists of recon- structing three (3) exisiting entryways, 155 Dorset Street. 3. Application #CU-05-09 of Burlington International Airport for a conditional use approval under Section 14.10, Conditional Use Review, of the South Burling- ton Land Development Regula- tions. Request is for permission to develop the property as a com- pensatory wetland mitigation site to compensate for the wetland impacts associated with the Airports "South End Develop- ment', 250 Van Sicklen Rd. 4. Final plat application #SD-05- 41 of IDX Systems Corp. to amend a previously approved planned unit development consisting of a 233,133 sq. ft. general office building. The amendment con- sists of Phase II to include: 1) adding three (3) floors to the west wing building containing 87,234 sq. ft. of general office use, and constructing 179 net new surface parking spaces at 40 IDX Dr., and 2) demolishing an existing 14,389 sq. ft. building, off -site parking approval and con- structing new 126 space parking Lot at 35 Green Mountain Drive. Phase III to include: 1) construct- ing four (4) story west wing addi- tion containing 64,025 sq. ft. of general office use at 40 IDX Dr., and 3) constructing a 565 space parking structure at 40 IDX Dr. to replace off -site parking at 35 Green Mountain Dr. Copies of the applications are available for public inspection at the South Burlington City Hatt. John DinkLage, Chairman South Burlington Development Review Board May 18, 2005 CITE' OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 3, 2005 Heather Kendrew Burlington International Airport 120o Airport Drive #1 South Burlington, VT 05403 Re: 250 Van Sicklen Road Dear Ms. Kendrew: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, June 7, 2005 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, �✓�_ N Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLIN-GTON DEPARTMENT OF PLANNENIG & Z0NE14G 575 DORSET STREET SOUTH EURLINGTO?�J, VERAJ GNT 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 John & Patricia Trutor 4o Highland Terrace South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy NfcDonough Administrative Assistant Encl. CITY OF SOUTH BURLINGT01",T DEPAR,TMENI T OF PLANNING & ZONING 575 DORSET STREET SOL'TH BURLINCTON, VERTIOI� i 0540"S (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Lee Nellis Town of Williston 7900 Williston Road Williston, VT 05495 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4lo6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, f Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNE-,IG & ZONE'gG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Stonehouse Village Homeowner's Association c/o Snyder Co. 15 Brickyard Road Essex Junction, VT 05452 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4lo6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OIL SOUTH BUR, LING ON DEPARTMENT OF Pg.Pill?-NING & ZOI'1EgG 575 DORSET STREET SOUTH BURLIIVGTON, VERIVIONT 054G8 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Singh/Jasbir, Kaur Narinder 28 Whiteface Street South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLINGTOIN1 DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Soon & Mikyung Kwon 20 Highland Terrace South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OFPLANNING & ZONE\TG 575 DORSET STREET SOUTH RLRLINGTON, dER!%/fO1.1T 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Doreen B. Kendall, Trustee 300 Van Sicklen Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy Merponough Administrative Assistant Encl. CITY OF SOUTH BURLINGTOI DEPARTMENT OF PLANNING & ZONEgG 575 DORSET STREET SOUTH EURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Denise Keefe 700 Van Sicklen Road Williston, VT 05495 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy A6Donough Administrative Assistant Encl. '1 CITY OF SOUTH BURLINGTON DEPARTMENT OF t-LA ,TUgG ,� ZONEqG 575 DORSET STREET SOUTH EURLINGTODN, VEi NIGI Pi G5400' (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Green Acres, Inc. 652 Hinesburg Road PO BOX 2123 South Burlington, VT 05407 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy Mc-Donough Administrative Assistant Encl. CITY OF SOUTH 1BURLI1\-, �GTO1N DEPARTMENT OF PLANNING & ZONE"40 575 DORSET STREET SOUTH BURLINGTON, VERl,/ ONT 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 David & Kathy Gage 200 Van Sicklen Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4io6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURL L iN GTO�T DEPARTMENT OF PLA1,01ING & ZONING 575 DOR,SET STREET SOUTH BURLII�TGTON, `JERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 James & Vict Fraser 650 Van Sicklen Road Williston, VT 05495 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, } Betsy Mcbonough Administrative Assistant Encl. DEPARTMENT OF PLANNEIgG & ZONE"JG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 546-4106 FAX (802) 546-4101 May i8, 2005 Lynn & Geniel Fife 333 Van Sicklen Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4io6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURL1NGT0T\,T DEPARTMENT OF PLAPT1,'Jf1%TGr & ZONING 575 DORSET STREET SOUTH BURLINGTON, VEIMAOI,JT 05403 (802) 846-4106 RUC (802) 846-4101 May 18, 2005 Paul & Catherine Christenson 86 Van Sicklen Road Williston, VT 05495 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLI dGTON DEPARTMENT OF PLANNING & ZONEIiG 575 DORSET STREET SOUTH BURLINGTON, VERMO101T1T 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Ethan A. Allen, Jr. 820 Van Sicklen Road Williston, VT 05495 Dear Property Owner: Enclosed is a copy of a public notice published in Seven. Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BU-IFEMINGTON DEPARTMENT OF 1�g lei ]T1�1� 63c ZGN TTG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Mark & Marsha Abrams 5o Highland Terrace South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4lo6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & Z®N0,TG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 O May 18, 2005 Bob McEwing Burlington International Airport 120o Airport Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy Mc nough Administrative Assistant Encl. 1 CITY OF SOUTH BUR-TNGT®N DEPARTMENT OF PLANNING m ZONL'4G 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 11, 2005 Heather Kendrew Burlington International Airport 12oo Airport Drive # 1 South Burlington, VT 05403 Re: Minutes Dear Ms. Kendrew: Enclosed, please find a copy of the minutes from the June 7, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. DEVELOPMENT REVIEW BOARD 7 ,JUNE 2005 Ms. Quimby moved to approve Final Plat 4SD-05-39 of University Mall Realty Trust subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. C4.)Public Hearing: Application #CU-05-09 of Burlington International Airport for a conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for Pei -mission to develop the property as a compensatory wetland mitigation site to compensate for the wetland impacts associated with the Airport's `South End Development," 250 Van Sicklen Road: Mr. McEwing said it has taken 12 years to get where they are today so they can develop the south end of the Airport. They will fill in a number of acres of wetland. One condition that allows them to do this is that they must create a wetland mitigation site. This site will become a wetland preserve. Mr. Dinklage asked what happened to the development rights on that parcel. Mr. McEwing said John Larkin has retained them. Mr. Belair added that some of those units are allocated to the Marceau Meadows development. Mr. Kupferman asked about the development that was begun on that property. Mr. Belair said it will all be eliminated and will become open space. Mr. Dinklage asked about public access to this area. Ms. Brodie explained there is an existing access road that was going to the developer. It has an easement for a bus turnaround. That will be kept and there will be room for some parking and pedestrian access. Mr. Belair said there is no change from the Ree Path that was reviewed. Mr. Dinklage asked who will own the property. Mr. McEwing said that in the future the Airport will want to turn it over to some group willing to accept it. Until then, it will be owned by the City of Burlington. Ms. Brodie suggested putting up a sign at the entrance to the property. Mr. Dinklage said Mr. Belair can discuss that with her. Ms. Quimby moved to approve Application #CU-05-09 of Burlington International Airport subject to the stipulations in the draft motion. Mr. Kupferman seconded. Motion passed unanimously. 5. Continued Public Hearing: Application #VIZ-04-02 of George Hubbard seeking a variance from Section 3.10, Accessory Structures and Uses, of the South Burlington Land Development Regulations. The request is for permission to allow a detached accessory structure (retaining wall) to be placed in the front yard, 6 Park Road: -2- BURLINGTON INTERNATIONAL AIRPORT MUDDY BROOK WETLAND MITIGATION SITE Abutting Property Owners 118671F ID NAME MAILING ADDRESS CITY ZIP CODE C Abrams, Mark & Marsha 50 Highland Terrace South Burlington 05403 N Allen Ethan A. Jr. 820 Van Sicklen Road Williston 05495 E Christenson Paul & Catherine 86 Van Sicklen Road Williston 05495 G City of South Burlington 575 Dorset Street South Burlington 05403 L Fife, C. Lynn & J. Geniel 333 Van Sicklen Road Williston 05495 K Fraser James & Vict 650 Van Sicklen Road Williston 05495 I Gage, Kathy& David 200 Van Sicklen Road South Burlington 05403 D Green Acres Inc. 625 Hinesburg Road PO Box 2123 South Burlington 05403 J Keefe Denise 700 Van Sicklen Road Williston 05495 F Kendall Doreen B. Trustee 300 Van Sicklen Road South Burlington 05403 A Kwon Soon & Mikyung 20 Hi hland Terrace South Burlington 05403 Narinder, Sin h Jasbir Kaur 28 White Face Street South Burlington 05403 M Stonehouse Village Homeowners Association 15 Brickyard Road Essex 05452 H Town of Williston 7900 Williston Road Williston 05495 B Trutor, John & Patricia 40 Hi hland Terrace I South Burlington 05403 I: \1 18671F\abutters7-28-04.doc Permit #C q - Q� APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation (X) Request for a conditional use () Request for a variance () Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): None WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? None 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone & fax #): City of Burlington, c/o Board of Airport Commissioners, 1200 Airport Drive #1, South Burlington, VT 05403. 2) LOCATION OF LAST RECORDED DEED (book & page #) South Burlington Land Records, Vol. 694, pages 444-446, AND Williston Land Records, Book 387, pages 783-785. 3) APPLICANT (name, mailing address, phone and fax #) Director of Aviation, Burlington International Airport, 1200 Airport Drive #1, South Burlington, VT 05403 (t) 863-2874 M 863-1526 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): Heather Kendrew, Burlington International Airport, 1200 Airport Drive #1, South Burlington, VT 05403 (t) 863-2874 (f) 863-1526. Consultant contact: Charlotte Brodie, c/o DuBois & King Inc., 25 Wentworth Drive, Williston, VT 05495 (0878-7661 ext.22 (f) 878-2907. 5) PROJECT STREET ADDRESS: 250 Van Sicklen Road, South Burlington, VT 05403 6) TAX PARCEL ID #: 1685-00212, 1685-00144, 1685-00234, 1750-250 7) PROJECT DESCRIPTION All the South Burlington portion of the property is in the "Southeast Quadrant" zoning district, I: \118672F\Admin\cudapp. rtf and all will be designated for use as a wetland mitigation site in perpetuity. a) Existing Uses on Property (including description and size of each separate use): A three lot residential subdivision has been approved on the property by the City of South Burlington. The access road has been built, and electrical, water and sewer line facilities have been installed. Lot #1 is 5.10 acres. Lot #2 is 5.49 acres. Lot # 3 is 38.20 acres. Wetland impacts associated with the proposed housingdevelopment have been permitted by the U.S. Army Corps of Engineers (COE, Federal Wetland Regulatory Agency) and the Vermont Agency of Natural Resources Wetland Office. An existing 30' x 1230' water and sewer line easement, owned by the City of South Burlington, crosses north -south through the middle of the site. b) Proposed Uses on Property (include description and size of each new use and existing uses to remain): The Burlington International Airport (BTV) has purchased the entire 49 f acre site, for use as a compensatory wetland mitigation area. The site will compensate for impacts to wetland associated with the BTV's "South End Development." The use of this site for this purpose has already been approved by the US Army Corps of Engineers and the Vermont Agency of Natural Resources Wetlands Office (see attached letters, dated July 21, 2004 and July 14, 2004 respectively). These Agencies' approvals are based upon a "Mudd By rook Compensatory Wetland Mitigation Site Conceptual Plan", dated July, 2004 (see attached). The "Mitigation Site Development Proposal" section of this document describes the proposed uses of this property in detail. The basics of the plan are as follows. Most of the existing road will be excavated to six inches below existing grade, backfilled with topsoil, and seeded and mulched. The 30" culvert under the road will be removed and that area backfilled, and a portion of the road will be left in place to act as a berm to reverse the artificial drainage of the site. A 1.8 acre marsh with treed islands will be created by excavation, regrading and plantings. Trees and shrubs will be added to the property to improve wildlife habitat, screen the site from the road and help shade out reed canary grass. An effort will be made to reduce weedy shrubs b cutting utting them back during each of the five years of post -construction monitoring. c) Total building square footage on property (proposed buildings & existing building to remain): None d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): N/A e) Number of residential Units (if applicable, new units & existing units to remain): None f) Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): None. During construction of the mitigation site, earth -moving equipment will be required for the creation of the 1.8 acre marsh. Following construction, a Contractor to the BTV will monitor the site semi-annually for five years. A 180' length of existing road will remain intact to allow for a school bus turnaround. This will also provide parking spaces for the post -construction monitoring work. This parking area may also be utilized by City employees for access to the water/sewer easement, and by members of the public to eniov passive recreation on the site following the post -construction monitoring. Boulders will be placed at the end of the turn-around/parking area to discourage motorized vehicles from entering the mitigation site following construction. I: \118672F\Admi n\cudapp. rtf g) Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): A 1.8 acre marsh is to be created by excavation to depths of zero to two to three feet. The quantity of material to be removed from the site is estimated at 10,100 cubic yards. 8) LOT COVERAGE A. Total parcel size: 48.79 acres B. Building: Existing 0 % Proposed 0 % C. Overall impervious coverage (building, parking, outside storage, etc) Existing 4 % / 85,011 Sq. Ft. Proposed 0.04 % / 8,501 Sq. Ft. D. Total area to be disturbed during construction: 3.86 ac/168,195 Sq. Ft. *Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES a) Building (including interior renovations): $ 0 b) Landscaping The landscaping element of the project involves the planting of approximately 108 trees (1" caliber), 260 shrubs (18"-24" tall), 2,646 herbaceous plans (plugs), and seeding of approximately 2.0 acres. A cost estimate for this work is estimated at $47,000.00. It is anticipated that the trees, shrubs and seeds would be planted in the fall of 2005, and the herbaceous plants would be planted in the spring of 2006. c) Other site improvements (please list with cost):Removal of the existing road and creation of a 1.8 acre marsh. An estimate for this cost is $186,630.00. 10) ESTIMATED TRAFFIC: During the five-year, post -construction monitoring phase, traffic to the parking area will involve one vehicle twice a year for five years for monitoring, as well as City vehicle visits for maintenance of the water & sewer easements, if and as required. The school bus turn -around traffic will be unaffected. Following the five yearpost-construction monitoring, City maintenance and school bus use will continue, and the parking area will be available to the public for passive recreational use of the site. a) Average daily traffic for entire property (in and out): N/A b) A. M. Peak hour for entire property (in and out): N/A c) P.M. Peak hour for entire property (in and out): N/A 11) PEAK HOURS OF OPERATION N/A 12) PEAK DAYS OF OPERATION N/A 13) ESTIMATED PROJECT COMPLETION DATE: Construction of the site is anticipated in July to September of 2005. Plantings of tender herbaceous species is anticipated for the spring of 2006. 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): SEE ATTACHED I: \118672F\Admin\cudapp. rtf I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. rFrD gl�u' /�� SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: .4�1 COMPLETE ❑ INCOMPLETE W*111�!Ajjl /a Planning & Zoning or Designee y/4 f%' I: \118672 F\Ad m i n\cu da pp. rtf Agency of Natural Resources Department of Environmental Conservation NOTICE OF CONDITIONAL USE DETERMINATION #1998-235 A request for a Conditional Use Determination, required pursuant to the provisions of Section 8 of the Vermont Wetland Rules has been received from John J. Hamilton, Director of Aviation, for the Burlington International Airport, a municipal airport owned and operated by the City of Burlington. Approval is being requested for the South End Development Project. The proposed project will impact 8.3 acres (361,548 square feet) of wetland and 2.5 acres (108,900 square feet) of buffer zone. This wetland has been designated as a significant (Class Two) wetland by the Vermont Water Resources Board. Mitigation is proposed to compensate for lost wetland acreage and function. Copies of the application are available for review at the Vermont Wetlands Office in Waterbury, the Town Clerk's Office in South Burlington and the Chittenden County Regional Planning Commission office in South Burlington. Conditional Use Determinations may only be approved if it is shown that the proposed conditional use will not have an undue adverse impact on the functions and values of any significant wetlands or their adjacent buffer zones. Any person may file comments in writing on this application through November 10, 2004 with: Alan Quackenbush District Wetland Ecologist Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, VT 05671-0408 Alan Quackenbush District Wetland Ecologist AQ:pd Enclosure cc: Distribution List i Ay ,� \� J ... r�`•.. \ tom:-' /' _. �, `� t �� '�.� � \ � � 1 '• 'TSR Jam% � t,� I, � * �r •' Y 801,,�NGTO �� , __. jNri"N T*14 AIRP r Y r �► . f ' t ma's : •�: S� ., �� � � '� �� ✓ 1 lAtle�n k•. 1 � aVIF � PR South f ` ^� � tlt�r � �� Y.,ti/� ,\ •U�� a",s �,fil ,r f �' ru T � .�, _>+�ys'� � .�tuady _-✓ a (.w� �� / r� �/t I � ( ` '�.I ftb si- • ` .�... /I �f � ! in mill♦ / �,.., 1: l�Wln'a II � �\ I ' n t 1, r A I `'�l Y'I •NfdmlU `�._ �� ^� � � "' ,� I11! \\�I� Il�• t\\ �./,�� �"�. GRAPHIC SCALE '` 1 �V noo reo rem soo sm IN rm) I FIGURE 1 4;p United States Geological Survey Quadrangle Map `�- CAMPBELL AND PAR16, P.C. 4316 UFAYE Bul "' OENI'ER DRIVE BURLINGTON INTERNATIONAL AIRPORT CMANT1l1Y, NROINIA 20161 www.°vnpbNl-p�rtc.00rn SOUTH END DEVELOPMENT PERMIT APPLICATION F;Ma:�°o .018 SIGN IN SHEET MEETING: DATE: 'R\aTCCT CF zp .77;lt D Y ILI iz4 All, Awjik, 6�7ewle �-.dz/ & I �r fin+ cs1slos e_061a) CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONEI�IG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 8, 2005 Heather Kendrew Burlington International Airport 120o Airport Drive #1 South Burlington, VT 05403 Re: Conditional Use Application #CU-05-09 Dear Ms. Kendrew Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on 6/7/05 (effective 6/7/05). Please note the conditions of approval, including that the applicant shall obtain a zoning permit within six (6) months of this approval or this approval is null and void If you have any questions, please contact me. Sincerely, Betsy McDonough Administrative Assistant Encl. Certified Mail- Return Receipt Requested — 7003 3110 00013598 6043 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 16, 2004 William B. Wessell 7o Highland Terrace South Burlington, VT 05403 Re: Escrow Release - 250 Van Sicklen Road Dear Mr. Wessell: Please be advised that the City of South Burlington hereby releases you of the obligation to maintain $4973.00 in an escrow account. You are being released of this obligation because you no longer own the property at 250 Van Sicklen Road. = °7 Sincerely,- ' 'mon J. Belair Adinistrative Officer IRREVOCABLE LETTER OF CREDIT Date of Issue: February 18, 2004 Letter of Credit Number 11101019 BENEFICIARY City of South Burlington Attn: Ray BeLair, Zoning Administrator 575 Dorset Street South Burlington, VT 05403 CUSTOMER John Larkin, Inc. 410 Shelburne Road Burlington, VT 05401 Dear Mr. BeLair: Banknorth, N.A., hereby establishes its Irrevocable Letter of Credit No. 11101019 in your favor for the account of the Customer, in the amount of Four Thousand Nine Hundred Seventy Three and No Cents ($4,973.00) (the "Stated Amount"). We hereby irrevocably authorize you to draw upon us, in accordance with the terms and conditions hereinafter set forth, by sight draft, an amount not to exceed the Stated Amount. Any number of partial draws are permitted hereunder, up to the Stated Amount. Signed drafts must be accompanied by a written statement signed by a duly authorized agent of the City of South Burlington (the "Municipality"), that in the judgement of the Municipality, John Larkin, Inc. (the "Developer") is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for the materials, labor and services required for completion of the improvements. The Stated Amount shall be permanently reduced by all drafts honored by the Bank hereunder. The effective date of this Letter of Credit shall be 12:01 a.m. local time on February 18, 2004. This Letter of Credit shall expire at 12:01 a.m. local time on November 30, 2005. Demand for payment under this Letter of Credit may be made prior to its expiration at any time during the Bank's business hours, on a day on which the Bank's main office is open to the public for the purpose of carrying on substantially all of its banking functions (a "Business Day"). Any demand for payment and all other communications to the Bank relative to this Letter of Credit shall be in writing and addressed and presented to Commercial Loan Administration Manager, Banknorth, N.A., P. O. Box 1334, 2300 St. George Rd., Williston, VT 05495 (the "Bank Location") and shall make specific reference to this Letter of Credit by number and identification of the Customer. If demand for payment is made and presented by you hereunder at or before 12:00 p.m. local time at the Bank Location on a Business Day, and provided that such demand for payment conforms to the terms and conditions hereof, payment of the amount demanded shall be made to you in immediately available funds on or before the close of business on the third Business Day after the Business Day on which demand for payment and presentation of all necessary documents is made. If demand for payment is made and presented by you hereunder after 12:00 p.m. local time at the Bank Location on a Business Day, and provided that such demand for payment conforms to the terms and conditions hereof, payment shall be made to you of the amount demanded in immediately available funds on or before the close of business of the fourth Business Day following the Business Day on which demand for payment and presentation of all necessary documents is made. Drafts drawn hereunder must be marked "Drawn under Banknorth, N.A., Letter of Credit No. 11101019 dated February 18, 2004. We engage with you that the draft(s) drawn hereunder and in compliance with the terms of this credit will be duly honored by us upon delivery of documents specified, if presented at the Bank Location at or before 12:01 a.m. local time, on November 30, 2005. Except as otherwise expressly stated herein, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication Number 500, and any subsequent revisions thereof approved by the International Chamber of Commerce (the "Uniform Customs"). This Letter of Credit shall, as to matters not governed by the Uniform Customs and as to the obligations of Banknorth, N.A., upon presentation of a sight draft, be governed by and construed in accordance with the laws of the State of Vermont. This Letter of Credit sets forth in full the terms of our undertaking and this undertaking shall not in any way be amended or amplified by reference to any document, instrument or agreement referred to herein (except the Uniform Customs) or in which this Letter of Credit is referred to or to which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any such document, instrument or agreement. This Letter of Credit is not transferable or assignable. Sincerely, Banknorth, N.A. By: &4b� 9- L)k Susan D. Whalen A Its: Vice President LETTER OF CREDIT AGREEMENT THIS AGREEMENT, executed in triplicate between John Larkin, Inc. of South Burlington, hereinafter referred to as "DEVELOPER", Banknorth, N.A., of Burlington, hereinafter referred to as "BANK", and the City of South Burlington, hereinafter referred to as "MUNICIPALITY". WITNESSETH: WHEREAS, DEVELOPER has acquired the previously approved final plat application of William Wessell to subdivide a 48.79 acre parcel into 3 lots, Van Sicklen Rd., as depicted on a ten page set of plans, page one entitled "Three Lot Subdivision Summersweet Dev. William Wessell Van Sicklen Rd So. Burlington VT" prepared by Vermont Land Surveyors, dated 9/14/02. WHEREAS, DEVELOPER is required by said approval, at its own expense, to complete the construction of the development site in accordance with the plan approved by the Planning Commission; and WHEREAS, the parties to this Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the parties to this Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows. 1. DEVELOPER will, at its own expense, complete the Landscape Requirement for the street plantings portion of the project as depicted and in accordance with the specifications set forth in said final subdivision approval and on said approved plat, and related documents: Landscape Requirements 2. The DEVELOPER shall replace the existing landscape escrow, as set forth in Item #8 of the Final Plat Approval of the City of So. Burlington Development Review Board, dated September 18, 2002. Plantings completed in November 2002. This Letter of Credit continues warranty period until November 2005. 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within three (3) years after completion of the Landscape requirements set forth in Item 8. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER'S PERFORMANCE of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY'S copy of this Agreement, and a copy of which is attached to the DEVELOPER'S copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to the MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. 5. Said Irrevocable Letter of Credit provides that the drafts drawn under said credit must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the judgment of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Item 8. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY and, in the aggregate, shall not exceed the lesser of the total certified by the MUNICIPALITY to be reasonably required to perform the obligations imposed upon the DEVELOPER by this Agreement or the maximum amount of the Letter of Credit. If DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. The DEVELOPER and MUNICIPALITY hereby agree that the sum of FOUR THOUSAND NINE HUNDRED SEVENTY THREE and 00/100 DOLLARS ($4,973.00) shall be sufficient to secure DEVELOPER'S obligations under this Agreement but shall not relieve DEVELOPER from the obligation to pay any additional costs, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to payment of said draft by BANK to the MUNICIPALITY under said Letter of Credit shall not be required. 8. The MUNICIPALITY shall not file with the BANK a Statement of default until ten (10) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in Item 8. Any work contracted for the MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the MUNICIPALITY'S own work force and equipment, or shall be accomplished in such other manner as in the judgment of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that a portion of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement sand said Letter of Credit shall terminate and shall be of no force and effect upon completion of the three year warranty period as described in the above Paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the three (3) year period, or if corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may be canceled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereunder and under said Letter of Credit. 12. The BANK may not modify the Letter of Credit without first receiving written consent of the MUNICIPALITY. 13. DEVELOPER hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. r 14. This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors and assigns. Dated at; c;. Tbj , Vermont this _4 day of liel u .2004. IN THE PRES NCE OF: IN THE PRESENCE OF: &2' %% ZL' )g - IN TAP PRESENCE F: (DEVELOPER) JO RKIN, INC. BY: Duly Authorized Agent (BANK) BANKNORTH, N.A. BY: 'Q av Duly Authorized Agent (MUNICIPALITY) CITY OF SOUTH BURLINGT BY: NO Authorized Agent LARKIN REALTY 410 Shelburne Road, Burlington, VT 05401 (802) 864-7444 (802) 864-0649 Fax March 15, 2004 City of So. Burlington Attn. Ray Belair, Zoning Administrator 575 Dorset St So. Burlington, VT 05403 Re: Letter of Credit for Van Sicklen Rd sub -division Dear Ray, Enlcosed are the triplicate documents for the Letter of Credit Agreement for the above property. If all looks acceptable, please sign and return copies to us. Thank you and please call with any questions. Sincerely, Deborah Sherman Jan 27 04 04:00p LARKIN REALTY 002 064 0649 p.1 LARKIN SALTY 410 Sheiburne Road, Bonin, -torn, � T 044,'l (30Z) S64 7 t44 (8�2 B64-G6' � J ) -r9 Fax _Fa —CPver Fax Number 80,,864-0649 To : Ray Belair From: eborah Sherman Date: U2 — 11kssage : Re: #SD -02-60 3 Lot Sub -division (Summersi:,eetj on panSicklen Rd approvedfor W. Wessel Hi Ray, John Larkin has purchased the above sub -division from Bill Wessel, We understand that Bill has in place a Landscape Bond as per condition M. We need to establish that condition in our name with Our usual 3 party agreement and Letter of Credit system, so that Bill's current bond can be released The question is, how long has the bond been in effect already and do we need to cover just the remaining time of the 3 year period ?? Thank you for looking into this, FEB 20 2004 10:47 FR HOWARD BANK e02e603182 70 99464101 P.01 06 1 ` BANKNORTH 111 Main Street vtamont Burlington, VT 05401 FAX TRANSMISSION -� DATE: February 20, 2004 # Pages to Follow: TO: Ray Belair, Zoning Administrator, City of South Burlington FRONT: Patti Norton, Bariknorth, N.A. PHONE: 802-860-3196 FAX: 802-860-5542 Message RE: Summersweet Sub -division LC To follow up my telephone conversation with Ms. Deb Shennan at Larkin Realty, please find attached for your review for content a ROUGH DRAFT of the Bank's Letter of Credit and Letter of Credit Agreement pertaining to the above -referenced. Thank you very much. **#xikyk+M�iK*#**kk*k�ckickitic**NKkk**k#*Yc*ck#IcMxcMckkkak*kkk*k*kkk.ik*Ickkinkkk1'*Skkkkkk If you do not receive all the pages in this transmission; please call me immediately at 802-860- 31196. THIS TRANSMITTAL IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO 'WHOM IT IS ADDRESSED, AND MAY CONTAIN INTORMATION WHICH IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APL,.ICABLE LAW, IF THE READER OF THIS TRANSMITTAL IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT AVY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONvTE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VLA THE tJ.S. POSTAL SERVICE. THANK YOU. A divisior. orlonknorth, N.A. FEB 20 2004 10: -8 FR. HOWORD BR49022603l e2 70 9&:64101 P . a.-, � 06 � I IRREVOCABLE LETTER OF CREDIT Date of lssue: 5ebruary 1 S 2004 0 Letter of Credit Number 111.010 9 1 BENEFICIARY City of South Burlington Attu: Ray BeLair, Zoning Administrator 575 Dorset Street South Burlington, VT 05403 CUSTO'VIER John Larkin, Inc. 410 Shelburne Road Burlington, VT 05401 Dear Mr. BeLain Banknorth, N.A.; hereby establishes its irrevocable Letter of Credit No. 11101019 in your favor for the account of the Customer, in the amount of Four Thousand Nine Hundred Seventy Three and No Cents ($4,973.00) (the "Stated Amount"). Vie hereby irrevocably authorize you to draw upon use in accordance with the terms and conditions hereinafter set forth, by sight draft, an amount not to exceed the Stated Amount. Amy number of partial draws are permitted hereunder, urn to the Stated Amount. Signed drafts trust be accompanied by a wrirten statement sinned by a duly authorized agent of the City of South Burlington (the "Municipalit} '), that in the judgement of the Municipality, John Larkin, Inc. (.the "Developer") is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for the materials, labor and services required for completion of the improvements. The Stated Amount shall be permanently reduced by all drafts honored by the Bank hereunder. The effective date of this Letter of Credit shall be 12:01 a.m. local time on February 18, 2004. This Letter of Credit shall expire at 12:01 a.m. local time on November 30, 2005. Demand for payment under this Letter of Credit may be made prior to its expiration at any time during the Bank's business hours, on a day on which the Banks main office is open to the public for the Purpose of carrying on substantially all of its banking functions (a "Business Day"). Any demand for payment and all other communications to the Bank relative to this Letter of Credit shall be in writing and addressed and presented to Commercial Loan Administration. Manager, Hanknorth., N.A., P. 0. Box 1334, 2300 St. George Rd., Affilliston, VT 05495 (the "Rank Location") and shali make specific reference to this Letter of Credit by number and identification of the Customer, If demand for payment is made and presented by you hereunder at or befbre 12:00 p.ni. local tune at the Bank Location on a Business Day, and provided that such demand for payment FEB 20 2004 10:48 FR HOWRRD BANK. 8028603192 'O 98464101 F.03-'06 conforms to the terms and conditions hereof, payment ofthe amount demanded shall be made to you in immediately available funds on or before the close of business on the third Business Day after the Business Day on which demand for payment and presentation of all necessary documents is made. If demand for payment is made and presented by you hereunder after 12,00 p.m, local time at the Bank Location on a Business Day, and provided that such demand for payment conforms to the terms and conditions hereof, payment shall be made to you of the amount demanded in immediately available funds on or before the close of business of the fourth Business Day following the Business Day on which demand for payment and presentation of all necessary documents is made. Drags drawn hereunder must be marked "Dram under Banknorth, N.A.., Letter of Credit No. 11101019 dated February 18, 2004. We engage with you that the draft(s) drawn hereunder and in compliance with the terms of this credit will be duly honored by us upon delivery of documents specified, if presented at the Bank Location at or before 12:01 am. local time, on November 30, 200.1. Except as otherwise expressly stated herein, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication Number 500, and any subsequent revisions thereof approved by the International Chamber of Commerce (the "Uniform Customs"). This Letter of Credit shall, as to matters not governed by the uniform Customs and as to the obligations of Banknorth, N.A., upon presentation of a sight draft, be governed by and construed in accordance with the laws of the State of Vermont. This Letter of Credit sets forth in full the terms of our undertaking and this undertaking shall not in any way be amended or amplified by reference to any document, instrument or agreement referred to herein (except the Uniform Customs) or in which this Letter of Credit is referred to or to which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any such document, instrument or agreement. This Letter of Credit is not transferable or assignable. Sincerely, Banlmorth, N.A. By: Susan D. Whalen Its: Vice President 1�1 V'qLra. i PEB 20 2004 10:49 PR HOWARD BANK 8028603182 10 98464101 P . 04 /06 LETTER OF CREDIT AGREE -NUM THIS AGREEMENT, executed in triplicate between John Larkin, Inc, of SOLth Burlington, hereinafter referred to as "DEVELOPER", Banknortn, N.A., of Burlington, hereinafter referred to as "BANK", and the City of South Burlington, hereinafter referred to as "MUNICIPALITY". WITNESS TH: WHEREAS, DEVELOPER has acquired e= previously approved final plat application of William Alessell to subdivide a 48.79 acre parcel into 3 lots, Van Sickicn Rd., as depicted on a ter page set of plans, page one entitled "Three Lot Subdivision Summerswcet Dev. Wiliam Wessell Van Sicklen Rd So. Burlington VT" prepared by Vermont Land Surveyors, dated 9 14102. WHEREAS, DEVELOPER is required by said approval, at is own expense, to complete the constntctiori of the developrrxnt site in accordance with the plan approved by the Planning Conm-rission; and WHEREAS, the parties to this Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the parties to this Agreement wish to establsh a mechanism to secure the obligations of tht DEVELOPER for thr, work as set forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows. 1, DEVELOPER will, at its own expense, complete the Landscape Requirement for the street plantings portion of the project as depicted and in accordance with the specifications set forth in said final subdivision approval and on said approved plat, and related documents: Landscape Requirements 2. The DEVELOPER shall rep:ace the existing landscape escrow, as aet forth in Item #s of the Final Plat Approval of the City of So. Burlington Development Review Board, dated September 18, 2002. Plantings completed in November 2002. This Leiter of Credit continues warranty period until ..Noyember 2005. 3. ,DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within three (3) years after completion of the Landscape requirements set forth in It:!rri S. For the purpose of this Agreement "completion" shall be deemed to have occurod when the MUNICIPALITY has inspected and approved the construction of all the improvements required by This Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER'S PERFORMANCE of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Leaer of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY'S copy of this Agreement, and a copy of which is attached to the DEVELOPER'S copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Let= o: Credit to be renewed at least thirty (30) days before the mattirity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to the MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shalt constitute a default of the terms of this Agreement. 5. Said Irrevocable Letter of Credit provides that the drafts drawer under said credit must be accturipanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, Chet in fire judgment of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, FEE 20 2004 10:50 FR HOWARD BANK 8028603182 70 '8 64101 P.051106 DRAFT and that the ftntds to be drawn by the draft are in pay -rent for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified L7 Item 8. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY and, in the aggregate, shall not exceed the lesser of the total certified by the MUNICIPALITY to be reasonably required to perform the obligations imposed upon the DEVELOPER by this Agreement or the maximum arnourt of the Letter of Credit If DEVELOPER shall be in default. of the Agreement for seven (7) days because of its failure to proridc evidence of renewal of the Letter of Credit, requ zed in paragraph 4 above, the M NICIPALln' shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then withir. three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit, G. The DEVELOPER and MUNICIPALITY hereby agree that the Sum of FOUR THOUSAND NINE HUNDRED SEVENTY THREE. and 00/100 DOLLARS ($4,973.00) shall be sufficient to secure DEVELOPER'S obligations under this Agreement but shall not relieve DEVELOPER from the obligation to pay any additional costa, if actual costs exceed the above -stated cost. T The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The car -sent of the DEVELOPER to payment of said draft by BANK to the MUNICIPALITY under said Letter of Credit shall not be required. S. The MUNICIPALITY shall not file with the TBA'NTK a Statement of default until ten (10) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so_ 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in Item 8, Any work contracted for the MUNICIPALITY pursuant hereto shall be, let on a contractual basis, or on a time and material basis, cr shall be performed by the MUNICIPALITY'S own work force and equipment, or shall be accomplished in such other rnann(;r as in the Judgment of the (MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payrreats are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall) later develop that a portion of ti:e monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER, 11. —ibis Agreement sand said Letter of Credit shall teruairate an shall be of no force and e:fcct upon completion of the three ,year warranty period as described in the above Paragraph ?, If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvcments within tae three (3) year period, or if corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may be c, nceled, and shall return the original Lctter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereGnder and under said Letter of Creti t. 122. The BANK may not modify the Letter of Credit without first receiving written consent of the. MUNICIPALITY. 13. DEVELOPER hereby agrees to indemnify anti hold BANK harmless from all claims, causes of 3cnon or iability of any kind arising out of this Agreerrient or the issuance by BAND of this Letter of Credit, includittg attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. FEB 20 2004 10:50 FR HOWARD B44< 0028603102 TO 96,464101 P , 06 '06 14, This .Agreement shall be binding on all parties ucrcto and their respective heirs, executors, administrators, successors and assigns Dated at ,r... _............._. _ _ , Vermont this „ day of February, 2004. > ;DEVELOPER) IN THE PRESENCE OF: JOHN LARKIN, INC. BY: 1 THE PRESENCE OF IN THE PRESENCE OF: Duly Authorized Aueut (BANK) BANKNORTH. N.A. BY - Duly Authorized Agent (MUNICIPALITY) CITY OF SOUTH BURLrNC;TCN BY, Duly Authorized Agent *".. TOTAL PAGE.06 *4 214 State of Vermont f "art .1 Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD November 20, 2003 William Wessel 70 Highland Terrace South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452 Telephone: (802) 879-5656 RE: WW-4-2009, Merge existing Lots 3 and 4 into Lot 3, 38.20± acres, Van Sicklen Road, South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on November 10, 2003, including a fee of $175 paid by check #9685. Under the performance standards for this program, we have a maximum of 45 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 in-house days, please contact this office. Please note the correct fee for this project is $111.00. A Request for Refund has been issued in the amount of $64.00. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Divisio of astewater Management C_ 1--`p" I Jill C. Draper Program Services Clerk cc: V'South Burlington Planning Commission David Marshall Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St Johnsbury Agency of Natural Resources Department of Environmental Conservation NOTICE Please be notified, as per Section 8.4 of the Vermont Wetland Rules, that the request for a Conditional Use Determination #90-397 received from William Wessel has been approved on this 5`h day of February, 2001 It was found by the Department of Environmental Conservation that this conditional use will not result in any undue, adverse effects to the protected functions of the mapped wetland located South Burlington, Vermont. This approval specifically approves the extension of the construction completion date for this project from March 16, 2001 to March 16, 2004. Other than this date revision, all other aspects of this project shall be carried out consistent with the original proposal and the conditions listed in Conditional Use Determination #90-397 and amendments thereof dated November 13, 1998 and June 17, 1999. This decision can be appealed within 30 days to the Water Resources Board pursuant to 10 V.S.A. Section 1269. Padraic Monks District Wetlands Ecologist Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, Vermont 05671-0408 cc: Distribution List Agency of Natural Resources Department of Environmental Conservation Notice of Issuance of Conditional Use Determination #90-397.03 Please be notified, as per Section 8.4 of the Vermont Wetland Rules, that the request received from William B. Wessel to amend Conditional Use Determination #90-397.02 to allow for the annual mowing of a portion of former hayfield, within a Class Two wetland and adjacent buffer zone has been approved on this /'Aday of c _ , 1999. It was found by the Agency of Natural Resources that this conditional use will not result in any undue, adverse effects to the protected functions of the significant wetland located on the north side of Van Sicklen Road in South Burlington, Vermont. Complete copies of the decision can be obtained by calling the Water Quality Division at 802- 241-3770 or writing to the address below. Any person with an interest in this matter can appeal this decision pursuant to 10 V.S.A. Section 1269. Any notice of appeal must be filed (ie: received) at the Water Resources Board, National Life Records Center Building, Drawer 20, Montpelier, VT 05620- 3201 (telephone (802) 828-3309) within 30 days of the date of the decision. C� y Carl W. Pagel State Wetlands Coordinator Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, Vermont 05671-0408 CWP:pu cc: Distribution List Stata of Vermont Department of Fish and Wildlife Deoartment of Forests, Parks and Recreaton Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Vcice>TDD William B. Wessel 70 Highland Terrace South Burlington, VT 05403 RE: Amendment to Conditional Use Determination 4190-397 Van Sicklen Road, South Burlington, Vermont Dear Mr. Wessel: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South plain Street Building 10 North Waterbury, VT 05671-0408 802-241-3770 Fax 9:802-241-3287 November 13, 1998 This letter serves to notify you that the proposed amendment to Conditional Use Determination #90-3 97 is approved. The proposed amendment has been publicly posted and notice sent to all parties as required in Section 8.3 of the Vermont Wetland Rules. The Agency of Natural Resources finds that the proposed amendment will not result in an undue adverse effect to any of the functions provided by the Class Two wetland or the adjacent 50-foot buffer zone located on Van Sicklen Road in South Burlington. This approval specifically amends Condition D to allow construction during the period of December 15 to March 15, when the ground is frozen, provided appropriate erosion control measures are used. Other than these revisions, all other aspects of this project shall be carried out consistent with the original proposal and the conditions listed in Conditional Use Determination 498-052. Sincerely, Canute Dalmasse, Commissioner Department of Environmental Conservation by: V.l 1 o\e L t s.,' - Wallace McLean CD/WM/pm Director, Water Quality Division cc: distribution at Regional Offices - Barre/Essex Jct./Pittsford/Rudand/N. Springfield/St. Johnsbury Agency of Natural Resources Department of Environmental Conservation NOTICE OF CONDITIONAL USE DETERMINATION #90-397 A request to amend a Conditional Use Determination, required pursuant to the provisions of Section 8 of the Vermont Wetland Rules has been received from WM: D. Countryman Environmental Assessment and Planning, representative for William B. Wessel. Approval is being requested to amend Condition D of the Conditional Use Determination issued on March 16, 1998. The applicant proposes to amend Condition D to allow construction during the period of December 15 to March 15. The wetland is located off of Van Sicklen Road in South Burlington. This wetland has been designated as a significant (Class Two) wetland by the Vermont Water Resources Board. Copies of the existing Conditional Use Determination are available for review at the Vermont Wetlands Office in Waterbury. Conditional Use Determinations may only be approved if it is shown that the proposed conditional use will not have an undue adverse impact on the functions and values of any significant wetlands or their adjacent buffer zones. This request for an amendment will be approved as S minor amendment if no adverse comments are received during the comment period. Any person may file comments in writing on this application through November 12, 1998 with: Padraic Monks, District Wetlands Ecologist Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, VT 05671-0408 Padraic Monks j District Wetland Ecologist PM\pu Enclosure cc: Distribution List Agency of Natural Resources Department of Environmental Conservation Please be notified, as per Section 8.4 of the Vermont Wetland Rules, that the request for a Conditional Use Determination received from William B. Wessel through his representative, Arthur Gilman of William D. Countryman Environmental Assessment & Planning for the construction of a 1300-ft. common drive, sewer lines, four houses, lawns and associated impacts within a Class Two wetland and adjacent buffer zone has been approved on this Y-4day of 1998. It was found by the Agency of Natural Resources that this conditional use will not result in any undue, adverse effects to the protected functions of the significant wetland located on the north side of Van Sicklen Road in South Burlington, Vermont. Complete copies of the decision can be obtained by calling the Water Quality Division at 802- 241-3770 or writing to the address below. Any person with an interest in this matter can appeal this decision pursuant to 10 V.S.A. Section 1269. Any notice of appeal must be filed (ie: received) at the Water Resources Board, National Life Records Center Building, Drawer 20, Montpelier, VT 05620- 3201 (telephone (802) 828-3309) within 30 days of the date of the decision. Padraic Monks District Wetlands Ecologist Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, Vermont 05671-0408 PM:pu cc: Distribution List In the matter of: Section 8 - Vermont Wetland Rules William B. Wessel 70 Highland Terrace South Burlington, VT 05403 Application for the construction of a 1300-ft. common drive, sewer lines, four houses, lawns and associated impacts within a Class Two wetland and adjacent buffer zone on Van Sicklen Road in South Burlington, Vermont. File # 90-397.02 DEC ID #EJ96-0397.01 The Vermont Agency of Natural Resources received application #90-397.02 for a Conditional Use Determination. This application has been publicly posted and notice sent to all parties as required by Section 8.3 of the Vermont Wetland Rules. Four comments were received during the public comment period. Findings of Fact After careful examination of this application, the Agency finds: 1. On June 13, 1991 a Conditional Use Determination was issued to William B. Wessel for a 20-lot single family subdivision on the site in question. An amendment was issued to this decision on Marsh 22, 1993 for a revised layout of the road. Neither project was constructed. The Agency received a revised application on April 13, 1996 for a four -lot sub -division from William B. Wessel through his representatives at William D. Countryman Environmental Assessment and Planning for Conditional Use Determination #90-397. 2. The wetland and adjacent 50-foot buffer zone are located on the north side of Van Sicklen Road in South Burlington, Vermont. 3. Carl Pagel, State Wetlands Coordinator, conducted site visits to this property on August 24, 1990 and again on February 8, 1991. Catherine L. O'Brien, District Wetlands Ecologist, conducted a site visit to the subject property on April 28, 1996. Padraic Monks, District Wetlands Ecologist, conducted a site visit with Art Gilman on February 19, 1998. 4. The subject wetland is contiguous to two wetlands identified as a Palustrine Scrub Shrub (PSS1Y) wetland and a Palustrine Scrub Shrub/ Emergent (PSS1/EMY) on the Vermont Significant Wetlands Inventory maps and is therefore designated as a Class Two wetland by the Water Resources Board in the Vermont Wetland Rules. The property consists of an old field sloping down to Muddy Brook. Due to the high seasonal water table and clay soils, much of the 48.7-acre parcel consists of wetland, interspersed with William B. Wessel Conditional Use Determination #90-397.02 Page 2 scattered upland islands. The dominant type of wetland present on this property is a mix of scrub - shrub and wet -meadow wetland. Muddy Brook is approximately 330' to the south east of the proposed house sites, at its closest. The meadow is dominated by reed -canary grass, bulrush, blue vervain, and Joe-Pye weed. Soils in both the wetland and adjacent buffer zones are mapped as Covington silty clay. Soils are saturated during at least part of the growing season. The buffer zones are similar to the wetlands, except that the dominant grass is bluegrass rather than reed -canary grass. White pine, and buckthorn, honeysuckles, and other shrubs are invading the upland areas. Cover types currently surrounding this wetland are 80% old field and 20% forested. 6. This proposal involves the construction of a four -lot subdivision. Wetland impacts are primarily concentrated within a 60-ft. corridor along the 1300-ft. common access drive. Construction within the corridor will include force main sewer lines, houses and lawns, and curtain drain, culvert, and footing drain outfalls. The majority of impacts are from drives and from utility placement, the latter being temporary impacts. Work in the buffer zones will be similar; the majority of impacts in the buffer zones will be from houses and lawns. The house sites have been largely located on the upland islands. Approximately 27,530 sq. ft. of wetland and 106,550 sq. ft. of buffer zone will be impacted by this project. 7. The applicant has submitted an application for Conditional Use Determination #90-397.02, a location map with the project area marked on a USGS topographic map, site plans entitled "Summer Field Development for Bill Wessel, Van Sicklen Road, South Burlington, Vermont", Sheets CO, C1 and C2, dated 2/3/97, Sheet Cl with planting plans, narratives detailing work to be done in the wetland and adjacent buffer zones, and a letter dated 12/31/97 detailing the placement of survey pins at the corners of the building envelopes. 8. The protected functions of the wetland in question include at least the following: water storage for flood water and storm runoff (§5.1), surface and groundwater protection (§5.2), fisheries habitat 05.3), wildlife and migratory bird habitat (§5.4), recreational value and economic benefits (§5.8), and open space and aesthetics (§5.9), and erosion control through binding and stabilizing the soil (§5.10). 9. The following functions are either not present or are present at such a minimal level as to not be protected functions: hydrophytic vegetation habitat (§5.5), threatened and endangered species habitat (§5.6), and education and research in natural science (§5.7). 10. The wetland complex provides storage of flood waters, and reduces the scouring of the stream's banks by attenuating peak flows of stormwater. The wetlands in the area of the proposed project are gently sloping and do not provide significant storage. Additionally, the wetlands that would be impacted are more than 300 feet from Muddy Brook and do not help protect the stream bank from scouring. The proposed loss of the wetland will not result in undue adverse impact to the water storage function provided by the wetland complex. 11. The subject wetland cleanses surface water by sediment and nutrient trapping by the dense emergent vegetation. Comments were received from Vicky Frasier, and Jeff Severson, Watershed Environmental Services, with concerns about impacts to the water quality from the William B. Wessel Conditional Use Determination #90-397.02 Page 3 proposed septic systems given the Covington clay soils and the application of herbicides and pesticides on the proposed lawns. Since the application was submitted, the project was redesigned to be served by municipal sewer thus eliminating septic system concerns. Given the relatively low density of the development, and the absence of a need for extraordinary use of pesticides or herbicides, this proposal should not result in undue adverse impact to this function. Based on the above, the proposed project will not have undue adverse impact to the surface water quality function of the wetland. 12. Muddy Brook and the portion of the wetland immediately adjacent to the brook provides fisheries habitat. There will be no impacts within 300 feet of the brook. Therefore there will be no adverse impacts to the fisheries habitat function of the wetland. 13. The Muddy Brook wetland complex provides highly significant wildlife habitat for a number of species including mink, otter, muskrat, beaver, fisher, waterfowl, herons, and a number of other birds. Deer, moose and bobcat have been seen within the corridor. Comments were received from surrounding landowners Vicky Frasier, David Gage, and Doug and Doreen Kendall and `from consultant Jeff Severson with concerns about impacts to the wildlife habitat. The area in question is an old agricultural field that is growing up with a mixture of shrubs. On February 22, 1991, Thomas Myers, former District Wildlife Biologist with the Department of Fish and Wildlife, stated that the habitat of significance for wildlife habitat is Muddy Brook and the adjacent alder wetland. As long as this area was not impacted, Mr. Meyers was not concerned about impacts to wildlife habitat. In the current proposal, 4 houses are proposed instead of the previously approved 20 houses. The closest house is approximately 330 feet from the brook. The use of plantings, and restrictions on the use of land outside of the permitted building envelope should prevent additional intrusior, into the wetlands and buffer zone. Based on the above, the project will not result in undue adverse impact to the wildlife and migratory bird habitat function of the wetland. 14. The Muddy Brook wetland complex provides recreational opportunities including bird watching, trapping, canoeing, fishing, hiking, and cross country skiing. The proposed development is located in the wet meadow adjacent to the wetland complex. The project will not restrict access to the Muddy Brook wetland. Based on the above, the project will not result in undue adverse impact to the recreational value and economic benefits function of the wetland. 15. The wetland complex provides open space and is aesthetically pleasing, particularly by the brook. It is visible from Van Sicklen Road. Comments received from Vicky Frasier raised concerns regarding impacts to the open space. The project has minimized impacts to this function by reducing the number of proposed building lots from 20 to 4. The current proposal retains the majority of the parcel as undeveloped open space. Given the relatively low density of the proposed development, the proposed project will not result in undue adverse impact to the open space and aesthetic function of the wetland. 16. The portion of the wetland adjacent to Muddy Brook helps to bind and stabilize the stream banks from erosion during severe storm events and spring runoff. There are no impacts proposed within this area. The proposed project will not result in undue adverse impact to the erosion control function of the wetland. William B. Wessel Conditional Use Determination #90-397.02 Page 4 17. The project has been designed to use the upland portions of the property as much as possible. The project has been significantly scaled back from the previously approved design of twenty house lots to the currently proposed design of four lots. The common driveway crosses the wetland in the narrowest portions. The project was also redesigned to use one common driveway rather than two to reduce wetland impacts. The areas disturbed by the installation of utility lines will be reseeded with a conservation mix. Comments were received from Vicky Frasier and Jeff Severson regarding measures that could be taken to further minimize impacts. The applicant has revised the site plans to include the limits of disturbance. These areas will be marked in the field with metal survey pins and tree plantings to prevent impacts to the wetland and buffer zone in addition to the conditional uses specified in this determination. Additionally, these limits will be referenced in all deeds to the property. 18. If the project is constructed according to the specifications of the application and accompanying site plans, and the conditions of this Conditional Use Determination, the resulting wetland filling and alteration is not expected to result in any violations of the Vermont Water Quality Standards. Conclusions of Law Based on information provided by the applicant and their representatives in the application for Conditional Use Determination, the Agency of Natural Resources concludes: Under Section 8 of the Vermont Wetland Rules, effective February 23, 1990, the Secretary may authorize conditional uses in a significant wetland or in its adjacent buffer zone. The Rules state that each Class Two wetland is presumed to serve all of the wetland functions identified in the Rules (Section 4.2b). Protected functions are distinguished from other wetland functions in Section 2.20, as those functions that make a wetland so significant they merit protection under these rules. Under Section 8.5a, the Secretary may only authorize a conditional use when it is determined that the proposed conditional use will have no undue adverse effect on the protected functions, unless the Secretary determines such impacts are sufficiently mitigated. The proposed conditional use cannot practicably be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose. All practicable measures have been taken in this proposal to avoid adverse impacts on protected functions. The Agency determines that the proposed conditional use, described in the Findings of Fact and in the Conditional Use Determination application in question, will have no undue adverse impacts to the protected functions of the Class Two wetland, associated buffer zone on this subject property or the adjacent wetland complex. Decision 1. The Vermont Agency of Natural Resources finds, that on the basis of the information provided in the application for Conditional Use Determination, there is reasonable assurance that the proposed conditional use will have no undue adverse effects on the protected functions of the significant wetland William B. Wessel Conditional Use Determination #90-397.02 Page 5 on this property providing that the provisions of the application are supplemented with the procedures described below. This Conditional Use Determination is therefore approved with the following conditions: A. All activity must be carried out consistent with the proposal in Conditional Use Determination Application #90-397.02 and all submittals listed in Finding of Fact #7 above. The proposed plantings may be substituted with existing vegetation of a suitable size in order to prevent the unnecessary removal of existing trees. The applicant shall obtain written approval from the Wetlands Office prior to making any modifications to the planting plan. B. The applicant shall notify the Vermont Wetlands Office once the erosion control measures are installed, prior to any earthwork, so that a site inspection can be made to verify the correct location of the silt fences. C. A continuous line of staked hay bales or a silt fence shall be installed as indicated on the site plans referenced above prior to any construction at the edge of proposed work in the wetland and 50 foot buffer zone and shall be regularly maintained. Sediments shall be cleaned out when they have reached half the height of the fence'or hay bale, and before major predicted rainfall events. Removed sediments shall be disposed of in a stable, upland area outside the 50 foot buffer zone. All disturbed soils shall be seeded and mulched immediately following final grading. All sediment barriers shall be removed following the successful establishment of vegetation. D. Construction of the project shall be restricted to the period from June 1st to October 1st to minimize impacts on nesting birds and to reduce water quality impacts during periods of high water. E. There shall be no other alterations to the wetlands or buffer zone on this property, including filling, draining, grading, removal of vegetation, alteration of the flow of water or similar activities, except as specifically shown on site plan C1. F. In the event that municipal sewer does not become available, the project shall obtain a sub -division permit and the septic systems shall be approved by a regional engineer. If any portion of a septic system is to be located in the wetland or buffer zone and new or amended Conditional Use Determination will be required. G. The applicant shall have this Conditional Use Determination recorded in the land records of the City of South Burlington for all affected lands and the applicant shall have this Conditional Use Determination referenced in any deed for the property to be sold as Lots 1, 2, 3 and 4. The applicant shall supply the Vermont Wetlands Office with a copy of correspondence with the City of South Burlington certifying that the restrictions have been recorded. H. Within 30 days upon completion of the proposed work in the wetland and buffer zone, the applicant or their representative shall supply the Vermont Wetlands Office with a letter certifying that the project was constructed in compliance with the conditions of this determination. William B. Wessel Conditional Use Determination #90-397.02 Page 6 All proposed activities in the wetland and adjacent 50-foot buffer zone, carried out in compliance with Condition A, must be completed within 3 years of the date of this determination. The terms and conditions of this decision shall run with the land. The applicant shall monitor the portion of the wetland within 100 feet of any disturbance annually during early July for five years following construction for the nuisance plant species purple loosestrife (Lythrum salicaria) and common reed (Phragmites australis). All nuisance plants found shall be pulled by hand and disposed of by burial or burning in a non -wetland location. Additionally, the contractors equipment shall be cleaned so as to contain no observable soil or vegetation prior to work in wetlands and buffer zones to help prevent the spread of invasive species. 2. The Agency maintains continuing jurisdiction over this project and may at any time order remedial measures be taken if it appears likely that adverse impacts to the protected functions and values will occur. 3. This Conditional Use Determination does not relieve the applicant of responsibility to comply with any other applicable federal, state, and local laws, regulations, and permits. 4. By acceptance of this Conditional Use Determination the applicant agrees to allow representatives of the Department of Environmental Conservation access to the property covered by the Conditional Use Determination, at reasonable times, for the purpose of ascertaining compliance with the Vermont Wetland Rules and the Vermont Water Quality Standards. 5. The Department, by issuing this Conditional Use Determination, accepts no legal responsibility foC any damage direct or indirect of whatever nature and by whomever suffered arising out of the project described. Canute E. Dalmasse, Commissioner Department of Environmental Conservation Wallace McLean Director, Water Quality Division Dated at Waterbury, Vermont this I l.k day of aM 4VcA , 1998. CED\WM\PM State of Vermont • Department of Fish and Wildiife Department of Forests, Parks and Recreation Department of Environmental Conservation September 3, 2003 William Wessel 70 Highland Terrace South Burlington, VT 05403 Dear Applicant: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division I I I West Street Essex Junction, Vermont 05452 Telephone #(802) 879-5656 Subject: Application for Wastewater System and Potable Water Supply, merge existing Lots #3 & #4 into one 38.20 acre Lot #3, for proposed single family dwelling, Van Sicklen Road, South Burlington, Vermont. We have reviewed the application materials and have completed the "application completeness checklist". Unfortunately, we were unable to log your application in because it was administratively incomplete with the missing or incomplete information in the application materials. Enclosed are copies of the application form you submitted, as well as the "application completeness checklist" with the missing or incomplete items noted. If you have questions, or are unsure what is needed to complete the application package, please contact me. We will hold your application materials. Once you have the missing or incomplete information, please send the materials to this office along with the enclosed copies. Once we have determined that the application materials are complete, the application will be accepted and will be assigned to one of the engineers to be reviewed. PLEASE NOTE PER TELEPHONE CONVERSATION ON 7/25/03 WITH DAVE MARSHALL, PLEASE SUBMIT REVISED PAGES 2 & 3 OF THE APPLICATION AND AN APPROVAL LETTER FROM THE CITY OF SOUTH BURLINGTON FOR THE SEWER ALLOCATION. Sincerely, Irene L. Roberge DEC Regional Office Coordinator C: Civil Engineering Associates City of South Burlington Summersweet CITY: South Burlington ADDRESS: 250 Van Sicklen Road I ZONING: Single Family Residential I TOPOGRAPHY: Rolling to level I I SOIL: Clay ROAD: Private gravel road with rights of way over lots 2 and 3. — UTILITIES: --- — - SEWER: City of South Burlington (' — — — _ — WATER: City of South Burlington POWER: Green Mountain Power I 5.1 n7CREs -� PHONE: Verizon i r CABLE: Adelphia LOT SIZES: Lot #1 5.10 acres Lot #2 5.49 acres"" — Lot #3 38.20 acres for z 7 5.5 ACRES PRICE: Lot #1 $295,000Az I �? Lot #2 $295,000 I I 1 r kl Lot #3 $365,000 (Prices are subject to change without notice.) — -- _ - OWNER/SELLER: William B. Wessel (Bill) 70 Highland Terrace South Burlington, VT 05403 802-862-4092 wessel@adelphia.net �4Aw —J I DEVELOPMENT STATUS:'tPermit revisions pending,)Road, sewer and water are complete. Wire services and landscaping are scheduled for fall completion. SPECIAL FEATURES: Beautiful views of Mt. Mansfield across open meadows. A country setting in the heart of South Burlington. Just minutes to almost everything. City water and sewer. DIRECTIONS: Hinesburg Road (Rte 116) turn on to Van Sicklen Road. Take first left at the bottom of the hill opposite the second entrance to Old Stone House project. NOTE: All lots are subject to easements; city permits and impactfees; state permits, and home- owners' association. Docxements are available for review prior to signing the Purchase and Sale Agreement. I #SD-03-08 — William Wessel Summersweet 4-lot, 4-unit PRD Van Sicklen Road Tax Map 87 Cubicle 50 DRB 3/4/03 SKETCH PLAN SOUTH BURLINGTON WATER DEPARTMENT 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802) 864-0435 February 27, 2003 Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, VT 05482 RE: W. Wessel, Summersweet Subdivision South Burlington, VT Dear Sirs: The South Burlington Water Department has reviewed the plans for the above referenced project. Please find my comments below. 1. All construction drawings and plans shall have a note saying "All work to be performed in accordance with the Specifications and Details for the Installation of Water lines and Appurtenances for all Water Systems Owned by the Champlain Water District, the Citv of South Burlington Colchester Fire District #1 and the Village of Jericho. Please add this note to future plans in visible locations. 2. The two-inch water main that runs from the 8" ductile iron water main toward lots numbered 1 and 2 shall be copper. 3. The water mains must be designed to provide a minimum pressure of 20 psi at ground level at all points in the distribution system under all conditions of flow. The normal working pressure in the distribution system should be approximately 60 psi and not less than 35 psi according to the above referenced Specifications and the VT Water Supply Rule. 4. A flushing hydrant shall be located at the end of the two-inch water line near the point that it reduces to 3/a". 5. The hydrant and associated water main as well as the two-inch water main are considered private and subject to all associated fees and conditions, as required in the City of South Burlington Water Ordinance. The SBWD shall continue the practice of overseeing the repair and maintenance of all water mains and appurtenances outside of the City R.O.W. at a cost for time and material. In addition, all hydrants shall be charged an annual private hydrant fee, which at this time is $100 each. 6. All domestic service lines that are connected to the public water system shall be protected, according to their degree of hazard, with a backflow prevention assembly and appropriate thermal expansion system. Please contact this department if you require more information on backflow protection devices. 7. The SBWD shall be notified prior to backfilling to inspect all joints, fittings, main line taps, appurtenances and water/sewer line crossings. 7 8. This department shall be notified directly of any changes to this project with revised, updated hard copy plans sent directly to us for further review. 9. Further review changes may be required as this project proceeds through the permit process. 10. A hard copy set of As-Builts as well as one electronic copy in Auto-CAD.DWG Version 14 Format or newer shall be supplied to this department upon completion of the water system improvements. If you have any questions or I can be of further assistance, please call me. Sincerely, Jay adeau Superintendent CC: Janet Hurley Doug Brent George Dow Word: plan reviews: Wessel- Summersweet 2-27 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: Development Review Board FROM: City Engineer Bill Szymanski DATE: February 27, 2003 RE: Development Review for March 4, 2003 CC: Applicants Goldberg Subdivision Dorset Street 1. Profile of new street shall be shown. This shall include curve data, stations, elevations, existing ground profile, drainage, etc ... 2. Each new building shall include touting drains extending to daylight. This shall be shown on the plans. 3. Water, sewer, sewer pump station, sewer force main, and road shall be private and maintained by the homeowners. Summersweet — Wessel Subdivision Van Sicklen Road 1. The north -south sewer and water easement across this subdivision must be accessible at all times. Plan shows plantings within this easement and on top of the mains. All plantings shall be outside this easement. 2. Water and sewer lines serving this development shall be owned and maintained by the homeowners. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date- February 25, 2003 \drb\sub\wessel\sketch.srp.doc Plans received- January 31, 2003 SUMMERSWEET 4-LOT, 4-UNITPLANNED RESIDENTIAL DEVELOPMENT SKETCH PLAN APPLICATION #SD-03-08 Meeting date: March 4, 2003 Owner/Applicant Architect William B. Wessel T. J. Boyle & Associates 70 Highland Terrace 301 College Street South Burlington, VT 05403 Burlington, VT 05401 Engineer Property Information Civil Engineering Associates, Inc. Tax Parcel 1750 00250 L 928 Falls Road Volume 409, Page 136 Shelburne, VT 05482 SEQ, CO & FP Districts 48.79 Acres 42.39 in South Burlington) Location Map art ��y+w4.� T �x W'1 � •y Y1. _# ,R • v 1 q � �;1-. „«�.•. '� {'�� � , � •fib ,� - �. pp " A M CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\wessel\sketch srg doc William Wessel, hereafter referred to as the applicant, is requesting sketch plan approval for a Planned Residential Development (PRD) consisting of 4 single family lots. The subject property contains 48.79 acres, 42.39 acres of which is located in South Burlington. The South Burlington portions of the property are located in the Southeast Quadrant (SEQ) District. Extensive portions of the property also fall within the Conservation and Open Space (CO) District. Portions of the property along Muddy Brook fall within the Flood Plain Overlay (FP) District. This 4-lot PRD accessed by a 1300 ft. long private road was originally approved by the Planning Commission on November 10, 1998, subject to 19 conditions. Because of a delay in receiving an Act 250 permit for the PRD, the original approval by the Planning Commission lapsed and the applicant was forced to reapply for a new approval in 2002. However, in the interim the Zoning Regulations had changed and the Development Review Board (DRB) could no longer approve a private road serving more than 3 lots. Consequently, on September 18, 2002, the DRB granted final plan approval to the applicant for a 3-tot PRD, subject to 15 conditions. Anticipating a change in regulations, the applicant has resubmitted a proposal for 4 lots. Associate Planner Janet Hurley, referred to herein as Staff, has reviewed the plans submitted on January 31, 2003 and has the following comments. Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning District Required Proposed �1 Min. Lot Size 12,000 ft. 222,156 ft. ♦ Min. Frontage (single-family) 85 ft. 0 ft. Max. Building Coverage 20% <20% Max. Overall Coverage 40% <40% Min. Front Setback 20 ft. >20 ft. Min. Side Setback (single-family) 10 ft. >10 ft. Min. Rear Setback 30 ft. >30 ft. Min. PRD Perimeter 50 ft. 50 ft. •Max. Building Height 1 0 ft. unknown L Min. Floor Area 864 ft. >864 ft. 4 zoning compliance A information needs to be provided ♦ not applicable to lots on a private road Subdivision Development Requirements & Design Standards Section 400 of the South Burlington Subdivision Regulations establishes general design requirements for subdivisions according to the following categories. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\wessel\sketch srp doc Streets The plans must be revised to provide a roadway profile and stormwater drainage plans. Pursuant to Section 401.1(a) of the Subdivision Regulations, streets shall be arranged to provide for the continuation of streets of adjoining existing and future subdivisions. The City of South Burlington Official Zoning Map does not show any planned future streets on the subject property. Section 401.1(b) requires streets to be logically located relative to topography so as to provide usable lots, reasonable grades, and safe intersections. In addition adequate storm drainage of streets must be provided. A roadway profile and stormwater plans have not yet been provided. 2. The applicant must submit alternative proposed names for the proposed private road within the development. Section 401.1(c) requires street intersections to be as nearly at right angles as possible. The intersection of the proposed private road with Van Sicklen Road is generally at a right angle and is directly across from the easterly intersection of Van Sicklen Road with Cobblestone Circle. Section 401.1(d) prohibits street jogs with centerline offsets of less than 200 ft. No street jogs are created by this proposal. Section 401.1(e) requires that streets are identified by name on the final subdivision plat. Therefore, the applicant must submit alternative proposed names for the proposed private road within the development to be considered by the Planning Commission prior to final plan approval. Section 401.1(g) prohibits dead end streets within the SEQ District to exceed 850 ft. for single family lots. In addition, a dead end street or cul-de-sac shall not serve more than 50 dwelling units. The proposed private road is 450 ft. longer than allowed. The DRB and the Planning Commission both previously found that the 1300 ft. road would not result in unsafe or inefficient traffic conditions since only 3 to 4 houses were proposed. Staff believes that the same conclusion still holds true for the current proposal. 3. The road plans will need to meet the approval of the South Burlington Fire Chief. Section 401.1(h) requires that streets are designed to facilitate smooth traffic flow and minimize hazards to pedestrians. In addition, streets must be of sufficient width and grade to facilitate fire protection. Turnarounds are provided at the end of each driveway. The road is proposed to be gravel and 18 ft. wide. As indicated already, roadway profiles will need to be provided. These will need to be reviewed by the South Burlington Fire Chief prior to final plan approval. According to Section 401.1(k)(2), proposed private streets must have a right-of-way 60 ft. in width for local streets. According to Section 401.1(k)(2), private streets must meet the same specifications for public streets except that a private street may be 24 ft. wide if it does not provide on -street parking. The proposed right-of-way width of 60 ft. complies with the requirement; however, the width of the road is proposed to be 18 ft., which does not meet the 24 ft. minimum requirement. Because of the numerous wetlands occurring in the vicinity, Staff feels it is appropriate to minimize road width to the proposed 18 ft. 4. The current Zoning Regulations require a public street to serve the four proposed lots. However, the proposed Land Development Regulations would allow a private street. If the proposed regulations are adopted the DRB can approve the proposed private road. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\wessel\sketch. srp. doc 5. Staff believes that a private street is appropriate for the proposed development and recommends that the applicant submit draft homeowner's association bylaws, which include details on the management and maintenance of the proposed street. Sections 401.10) and (k) establish criteria for determining whether a proposed street should be public or private. The proposed street meets the criteria for private roadways as set forth in this section of the regulations. However, pursuant to Section 26.202(b) of the Zoning Regulations, the DRB shall limit the number of lots on a private right-of-way to three. If adopted by the City Council, the proposed Land Development Regulations would allow private roads serving more than three lots. Staff believes that a private street is appropriate for the proposed development and recommends that the applicant submit draft homeowner's association bylaws, which include details on the management and maintenance of the proposed street. Lot Layout Pursuant to Section 402 of the Subdivision Regulations, lots shall be configured such that they may be developed in compliance with the zoning regulations and in consideration of topography, soils, and drainage conditions. As indicated in Table 1, it appears that developed lots will conform to the dimensional requirements of the zoning regulations. Much of the subject property contains wetlands, including significant Class Two wetlands. Staff notes that an assessment of the affects of the proposed development on existing wetlands throughout the subject property has been made and the applicant received Conditional Use Determination (CUD) #90-397 on March 16, 1998, subject to 10 conditions. The CUD was subsequently amended to allow for (1) once annual mowing within a Class Two wetland and adjacent buffer zone, (2) winter construction, and (3) the extension of the project completion date. Pedestrian Access 6. The plans need to be revised to show the previously approved recreation path easement on the subject property. Section 403 of the Subdivision Regulations establishes authority to require pedestrian easements 20 ft. in width to facilitate pedestrian circulation within the subdivision and to adjoining neighborhoods or public facilities. In addition, pedestrian easements must be provided in conformance with the Comprehensive Plan and the South Burlington recreation path system. The plans need to be revised to show the previously approved recreation path easement. Water Pursuant to Section 404 of the subdivision regulations, the municipal water system shall be extended to provide adequate water supply at an acceptable pressure for the proposed development. This will be discussed below under the PRD review criteria. Fire Protection 7. The plans will need to be reviewed by the City Fire Department prior to final approval by the DRB. Section 405 of the subdivision regulations requires that the plans are reviewed by the Fire Chief or a designee to insure that adequate fire protection can be provided. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sub\wessel\sketch. sro. doc Sewage Disposal 8. Pursuant to Section 406.1 of the Subdivision Regulations, the City Engineer must certify that available sewer capacity is sufficient to serve the proposed development. The applicant has sufficient sewer allocation to serve the proposed development. Utility Lines 9. The plans must be revised to show that all utility lines will be underground. Section 407 of the Subdivision Regulations requires that utility lines be underground. The sketch plan does not indicate electrical or telephone utility plans. Outdoor Lighting In accordance with Section 408 of the Subdivision Regulations, outdoor lighting shall be provided in compliance with the site plan and performance standards set forth in the zoning regulations. However, Staff notes that the site plan and performance standards set forth in the Zoning Regulations do not apply to single family residential lots such as those proposed on the subject property. Storm Drainage 10. The plans must be revised to include stormwater drainage plans in accordance with Section 409 of the Subdivision Regulations. Section 409.1 of the Subdivision Regulations requires the applicant to plan for the removal of spring or surface water resulting from the proposed development. The design of the drainage system shall use natural waterways and drainageways to the fullest extent possible. Stormwater drainage facilities must be located within street right-of-ways where feasible, or within unobstructed easements of appropriate width. The City Engineer shall approve the stormwater drainage plan. Pursuant to Section 409.2 drainage facilities must be large enough to accommodate potential runoff from the entire upstream drainage area under conditions of total potential development. Pursuant to Section 409.3, the stormwater drainage plans must include an assessment of the effect of the proposed development on existing downstream drainage facilities. Staff assumes that the proposal will include previously approved drainage plans and notes that significant deviation from the previously approved plans most likely would require amendments to the applicant's CUD and Land Use permits from the State of Vermont. Monumentation 11. The plans need to be revised to show monumentation pursuant to Section 410 of the Subdivision Regulations and Finding #17 of CUD #90-397.02. Permanent concrete monumentation must be set for all lot comers and angle points and as required by the City Engineer for proposed streets. Staff notes that the applicant's CUD requires additional monumentation to delineate limits of disturbance as well. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \d rb\sub\wessel\sketch. src,. doc Open Space & Recreation Areas The plans indicate that the proposed development is concentrated on upland areas of the subject property. Furthermore, no development is proposed within the SEQ Restricted Area. This non - developable area includes woodland wildlife habitat and significant wetlands as depicted on the SEQ Official Zoning Map. Staff believes the proposal is in keeping with the Comprehensive Plan and the Zoning and Subdivision Regulations. Site Preservation & Landscaping 12. The plans need to be revised to include erosion and sediment control plans in accordance with Section 412 of the Subdivision Regulations. As indicated above and in keeping with Section 412 of the Subdivision Regulations, a majority of the subject property will be protected from development. This undeveloped portion of the property contains existing natural cover and features, including wetlands and woodlands. Section 412 also establishes guidelines for erosion and sediment control during and after construction as well as for tree plantings along streets and within proposed lots. The sketch plan does not include erosion control plans. Pursuant to Section 412, trees shall be planted at 60 ft. intervals along both sides of proposed streets and at least 2 per residential lot. The sketch plan includes a landscaping plan, which appears to be equivalent to the previously approved landscaping plans. Staff notes that significant deviation from the previously approved landscaping or erosion control plans most likely would require an amendment to the applicant's CUD. Excavation & Grading 13. Excavation and grading plans must comply with Section 413 of the Subdivision Regulations. Energy Conservation 14. The plans should demonstrate energy efficient design as detailed in Section 414 of the Subdivision Regulations. The proposed PRD shall be designed to take advantage of solar radiation and landscaping should be designed to provide wind barriers and reduce heat loss and heat gain. In addition, the length of roadways and utilities shall be minimized. Staff believes that the proposal offers minimal roadway length vyhile confining development to upland areas on the subject property. Landscaping on units 3 and 4 will provide some barrier from northerly winds. Units 2 and 4 in particular are situated to take advantage of southern exposure. Utility Easements Utility easements are not detailed. Directional Signs & Addresses 15. Directional signs and addresses must be installed in accordance with Section 416 of the subdivision regulations. In addition, the addresses of all residences within the subdivision shall be appropriately labeled on the final plat. CITY OF SOUTH BURLINGTON 7 DEVELOPMENT REVIEW BOARD PRD Review Standards DEPARTMENT OF PLANNING & ZONING \d rb\sub\wessel \sketch. srp. doc Pursuant to Section 26.15 of the Zoning Regulations, PRDs shall comply with the following standards and conditions: (a) Will not result in undue water or air pollution. In making this determination the DRB shall at least consider (1) the availability and capacity of municipal sewer facilities or the nature of soils and subsoils and their ability to support waste disposal adequately, (2) the elevation of land above sea level and in relation to floodplains, (3) protection of ground and surface water through appropriate vegetative buffers and retention structures, and (4) all applicable State of Vermont regulations. Portions of the subject property fall within the 100 year floodplain. No on -site wastewater treatment is proposed. Stormwater treatment measures are not yet provided. (b) Will have sufficient water available for the foreseeable needs of the development. 16. Staff recommends that the any requirements of Water Superintendent Jay Nadeau be incorporated as conditions of sketch plan approval. The South Burlington Water Superintendent Jay Nadeau is reviewing the plans and preparing a number of comments for the DRB. These comments will be available for the DRB meeting on March 4, 2003. Staff recommends that Mr. Nadeau's comments be incorporated as conditions of the DRB's sketch plan approval. (c) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result In addition to the stormwater drainage details, the plans must include acceptable details of erosion control measures to be used during and after construction. (d) Will not cause unreasonable highway congestion or unsafe conditions with respect to the use of highways, existing or proposed. A new private road is proposed to provide access to the residential development. The proposed intersection with Van Sicklen Road offers adequate visibility. (e) Will not cause an unreasonable burden on the ability of the city to provide educational services or facilities. Staff does not believe the current proposal will adversely impact South Burlington Schools, as these lots essentially have been previously approved by the DRB and Planning Commission. (f) Will not cause an unreasonable burden on the ability of the city to provide municipal or governmental services and facilities. As has already been noted, the applicant must obtain water and wastewater allocation approval prior to final subdivision approval. In addition, the Fire Chief must review the plans. (g) Will protect important natural resources, including streams, wetlands, scenic views, wildlife habitats, and special natural features. CITY OF SOUTH BURLINGTON 8 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\wessel\sketch srp doc 17. The applicant must provide details on the proposed management and protection mechanisms for open space within the development. Portions of the property fall within areas defined as woodland/wildlife habitat and official wetland on the SEQ Official Zoning Map. These portions of the property are proposed to be contained within the undeveloped areas of Lots 3 and 4. Other wetland areas on Lots 1 and 2 are also proposed to remain undeveloped. Pursuant to Section 26.153 of the Zoning Regulations, open space within the proposed PRD shall be protected by appropriate legal mechanisms to insure its maintenance and appropriate use. Accordingly, the applicant must provide details on the proposed management and protection mechanisms for open space within the development. Such information may include draft homeowners association bylaws, deed covenants, or other draft legal documents. Based on the sketch plan submitted, Staff notes that development activity is proposed within class 3 wetlands and/or the corresponding 50 ft. buffer, which defines the limits of the CO District. In particular, the proposed house on Lot 3 and the shared private roadway and driveways encroach into the CO District. In accordance with Section 3.50 of the Zoning Regulations, development activity within the CO District may be approved by the DRB provided the activity will not affect adversely the following: (a) ability to carry or store flood waters adequately; (b) water quality by virtue of erosion or runoff; (c) the use and enjoyment of adjacent properties; wetland functions and values; and wildlife and fisheries habitat. The applicant contracted with William D. Countryman, Environmental Assessment and Planning to prepare a CUD application. Staff notes that the Countryman assessment and the CUD issued by the Vermont Division of Water Quality concluded that wetland functions would not be adversely affected by the proposed development. (h) Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with surrounding developed properties and will protect rare and irreplaceable natural areas and historic sites. The proposal includes provisions for protecting significant wetlands and wildlife habitat on the subject property. The proposed residential density is in keeping with surrounding developed property in the area. In addition to maintaining wetland vegetation throughout the property, compatible landscape plantings are proposed to delineate and protect wetlands buffer areas. (i) Will provide convenient allocation and distribution of common space in relation to proposed development and will conform to the city's recreation plan. As already noted, the applicant must provide additional information on the proposed use and protection mechanisms for the open space, and the plans must be revised to show the previously approved 20 ft. recreation path easement. Q) Will provide efficient layout and high -quality installation, construction, and maintenance of public facilities and conform to the city's street and utility plan. These standards are evaluated above under subdivision development requirements and design standards. (k) Will provide for cooperation with adjoining properties in the extension of roadways, drainage facilities, and utility lines. CITY OF SOUTH BURLINGTON 9 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \d rb\sub\wessel\sketch. srp. doc Drainage and electrical utility plans are not yet provided. The proposed roadway will intersect Van Sicklen Road directly across from the easterly intersection of Cobblestone Circle with Van Sicklen Road. (!) Will conform to the city's Comprehensive Plan. The Comprehensive Plan recommends land use that respects and maintains the open and special character of the SEQ, including PRDs that protect and preserve large contiguous areas of open space, important natural areas and scenic views. Staff believes that the proposed development is in keeping with these goals, provided the concerns raised in this report are adequately addressed prior to final plan approval. RECOMMENDATION Staff recommends that the applicant address the numbered items in the "Comments" Section of this report to the satisfaction of Staff prior to submission of a preliminary plan application. Respectfully submitted, J et M. H rley, Ass iate Planner Copy to: William Wessel, Applicant State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 16, 2002 Case Number: WW-4-2009 PIN: EJ98-0322 Landowner: William Wessel Address: 70 Highland Terrace South Burlington VT 05403 This project, consisting of amending Subdivision Permit #EC-4-2195 and #EC-4-2195-1 for Lots and 2 each contain one six bedroom single family residence served by municipal water and wastewater services located off Van Sicklen Road in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. This does not constitute approval under Act 250 case number 4C1034. 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the plans Project No. 98188, Sheet C 2 "Site Utility Plan" dated June 1998 last revised 11-7-03 prepared by Civil Engineering Associates, Inc. and Project 9250, "Summersweet Development" dated June 12, 1998 last dated Sept. 14, 2002 prepared by Vermont Land Surveyors which have been stamped "approved" by the Wastewater Management Division. 3. The project shall not deviate from the approved plans in a manner, which would change, or affect the exterior water supply or wastewater disposal, building location or the approved use of the building without prior review and written approval from the Wastewater Management Division. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. This project has been reviewed and approved for the construction of one on the lot. The permittee shall not construct any other type structures requiring plumbing, including public buildings, duplexes, condominium units, or commercial buildings, without prior review and approval by the Wastewater Management Division. Such approvals will not be granted unless the proposal conforms to the applicable laws and regulations. 6. All conditions set forth in Subdivision Permits #EC-4-2195 and #EC-4-2195-1 shall remain in effect except as modified or amended herein. 7. The Wastewater Management Division now reviews the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. Wastewater System and Potable Water Supply Permit W W-4-2009 William Wessel Page 2 8. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. 9. A copy of the approved plans and this permit shall remain on the project during all phases of construction, and upon request, shall be made available for inspection by State or local personnel. 10. The application states that Lots 3 and 4 are being merged to create a new Lot 3 being 38.20 acres in size. Lot 3 was 12.73 acres in size and Lot 4 was 25.47 acres in size prior to June 14, 2002. The merging of Lots 3 and 4 does not constitute a subdivision of the land as defined by the Environmental Protection Rules. Therefore, Lot 3, being 38.20 acres, shall retain its exempt status until July 1, 2007 provided construction of one single family residence on Lot 3 complies with Sections 1-403(a)(2) and 1-403(a)(3) of the Environmental Protection Rules. WATER SUPPLY & WASTEWATER DISPOSAL 11. Lot 1 and 2 are each approved for water supply and wastewater disposal by connection to the municipal water and wastewater systems as depicted on the approved plans. The Wastewater Management Division shall allow no other method, or location of obtaining potable water or wastewater disposal without prior review and approval. 12. No permit issued by the Secretary shall be valid for a substantially completed potable water supply and wastewater system until the Secretary receives a certification from a designer or the installer, signed and dated, that states: "I hereby certify that, in the exercise of my reasonable professional judgment, the installation -related information submitted is true and correct and the potable water supply and wastewater system were installed in accordance with the permitted design and all permit conditions, were inspected, were properly tested, and have successfully met those performance tests." Dated at Essex Junction, Vermont on December 10, 2003. Jeffrey Wennberg, Commissioner Department of Environmental Conservation By yV44f �1 ---- Ernest Christianson Regional Engineer C For the Record South Burlington Planning Commission & Select Board Civil Engineering Associates, Inc. Water Supply Division Water Quality Division Act 250 District Environmental Commission AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMEN I AL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE -APPLICATION REVIEW RESPONSE DATE ii 4or 9�,P#E DISTRICT _TOWN r PIN # r" \ 9 k- 0-S OWNER OF PROJECT SITE: E:_ NAMLO t- 1, l 'k- - t �UCS ADDRESS: `14© �3"��� N � o 9cIb3 TELEPHONE: SP- Project Name: .4- '�tA LV),n, I -1h^ APPLICANT OR REPRESENTATIVE: NAME: ADDRESS: TELEPHONE: Based on a written or oral request and/or information provided by -,!>� F��S% U received on L 1 ' 1 D a project was reviewed on a tract/tracts of land ofacres, located on It R The project is generally described as: Prior Permits From This Office: rC ` "l - P PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION [ ] I hereby request a jurisdictional opinion from the District Coordinator or Assistant District Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. Jeff McMahon Permit Specialist 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LAN DOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE �JVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)).,,�yl d/�(` Commercial, residential or municipal project?-P" A, Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: YES _:�-,­NO; Copies sent to Statutory P7'es: YES NO BASIS FOR DECISION:�f� Glij!� �' /' Gt� �1 �/li/c� U' r zxC%C� SIGNATURE: ' DATE: Cl Z ADDRESS: Environmental Commissions Districts #4, 6 & 9 District Coordinator . 8 2 879-5614 111 West Street, Essex Junction, VT 05452 Telephon WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED � YES NO _� Wastewater System & Potable Water Supply Permit Notice of Permit Requirements EPR 1-403 Floor Drains to a UIC well REGIONAL ENGINEER ASSIGNED: Ernest Christianson (879-5675), Jessanne Wyman (879-5673), William Zabiloski (879-5672) Dolores LaRiviere (879-2341) SIGNATURE: - DATE: // -;)/- ADDRESS: Agency of Natural Resources Environmen I sistance Division, Permit Specialist, 802 879-5676 Dept. of Environmental Conservation (( Wastewater Management Division, T eiephune: 802 879-5656 111 West Street, Essex Junction, VT 05452 OVER»»»»» 5 WO" 2 tt �4�' HE -41 rim F A W; W7. Locator Map FA KmN �„ �,.,� k"M "t 30 0 50 100 P110 - - ---------- FWP pmod so ... ... ... .. dcft dqb- 1-15t 9"-tiz ICU MNH W- (,AWAIY 11 AR Am (*m VId 11 BIB 12 am 1 P5 pan *V*m 66, FIDU -@wAad P5-- tO rNIM WAA*010ft IMlle Cdw FAU vbwvm IF*bw vt liwd + R,-A -15t 5U.A Tom Q-- nwo 5he AR Aw rttrw PWd!!g7W 2Y f"O mn *v*m klke Pt" 6N 6-0 wkxlgd 5o 9 S Legwyj riwd Ra Wear 2� Op" Lkw of H—I S& Ai6 D;6; Setback t N" ftb; 7h*;.r IrAQ Ar. X x, "der Ka > x < KWO Yar. -�v Yeer 5" L" o" lwb-tn x W d.� LM A— t"I 5.4q J X R E C E V E D --- ----------- JAN 3 1 2003 City of So. Burlington T.J. Boyle and Assado" T-- landscape architects . pwf" Surnmersweet 301 pee"00" street - burtnobn - vannont owl 802.658.3555 http:lftnwi,�prynmlsprynet��%lboyle r,,h 1 70 Highland Terrace South Burlington, VT, Master Plan CITY OF SOUTH ; ' URLINtCTON lEPI ARTMENT OF PIANTqU1 TG s i ZONING 575 EORSET STREET :SOUTH BURLINGTO , VERIMOIN7 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number SD- &' 3 - O 13 A-PPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW A-1 information requested on this application must be completed in full. Failure to provide the requested infonnation either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) W t4 Lj AM a. W ES SE't 7 Q 4 l 6" N C AI4 O -1-CTZ 2A cE- . s a OWN 0SVa :k Pfzr- 1?a2- e4 2) LOCATION OF LAST RECORDED DEED (Boole and page #) VO l . `Y aq (* 156 - 8 3) APPLICANT (Name, mailing address, phone and fax # jj 4) APPLICANT'S LEGAL INTEREST E\T THE PROPERTY (fee simple, option, etc.) 1=EE S'I M pLE 5) CONTACT PERSON (Name, mailing address, phone and fax #) w 1 L. L 1,1/4 C3 , W f SS6-Z -a(e- OA✓E iY1.Q( C&AL P.D. f3QX y85 .1'146t-S3VRNC VT, 05"ef,2 P%F q $5-.7'3 :Z3 / qry • a227I - b) PROJECT STREET ADDRESS: a%, S'd 11,8Al 91 C KLl At i20A D 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 1 _7 SO -0 0.2 5'0 L Tax In A P l O S L 9-7 00 PAR CE L:I:- Q 3) PROJECT DESCRIPTION a) Existing Uses on Properiy (including description and size of each separate use) VA G-A n!? F 1.0 -t- WOODS W!?# S✓ME MRUSN b) Proposed Uses on property (include description and size of each new use and existing uses to remain) 1--Dy9 S L. VCLC- t=-Alm (LY 4aMO L.O 7-S , }iO"S -td ,ABdV7' 3000 SQVAa& F6c�7 'ra -1,B�O SG1Ui4i2G �EG7' c) Total building square footage on property (proposed buildings and existing buildings to remain) 3006 -tQ L000 t SQ61ArAe d) Proposed height of building (if applicable) wd ,�,✓ p }� i�A �F S Zvrc E S e) Number of residential units (if applicable, new units and existing units to remain) FaLIR /V Eln/ f) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 4,-IME•5 WILL B E S CRUD (3 y �-►7`r v✓A?(ErrZ !j- - C112 CR a---i;�1 VA -re C-R UrHED S ?e,.JE p 21 VE' 9) LOT COVERAGE a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc) Existing % Proposed % c) Front yard (along each street) Existing _% Proposed % 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) 0 E n G' -r q 1A,41 E7A s E M C,✓ T 106-7,4 S c )400L 03 U S-ri/(ZA/A 2d c%V D T3 R i Q66 6 C.4 4�E 4( rvT 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) 5 GWC•- Z- AAjp I -7C, Q Ny y 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) 566' 14--r-rAC 46 D S H`c-C-r- l�D) ESTIlVIATED PROTECT CONIPLETION DATE FAIL a.00 3 F42 P(?t Vj9-l' fP i2t v6- ,-A-✓v 0 v 7i 4-1-ri Gs• 4,em cs CO m PC--r6 a y 14) PLANS AND FEE — Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the plans must be submitted. A sketch subdivision application fee is free. I herebv certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. 4SIG4NATLR't�� Aa PLICAN . SIGNATURE OF PROPERTY O R Do not write below this line DATE OF SUBMISSION: % / ) 3 I have reviewed this sketch plan application and find it to be: Complete ❑ 115110 of Pl"ng & Koning or Designee / Date List of contiguous property owners William B. Wessel Summersweet Development Van Sicklen Road Highland Terrace 20 - Soon K. and Mikyung P. Kwon 40 John W. and Patricia Trutor 50 Mark R. Abrams Van Sicklen Road 300 Douglas J. and Doreen B. Kendall 200 Dr. David and Kathy Gage 333 C. Lynn and Jane G. Fife 895 Paul and Catherine Christianson (Williston) 700 Kyle Keefe (Williston) 133 James and Victoria Fraser (Williston) Hinesburg Road 1550 The Van Sicklen Limited Partnership, c/o Robert Snyder, 15 Brickyard Road, Essex Junction, VT 05452 Summer Ice - c/o Staige Davis, Lang Realtors, 550 Hinesburg Road, South Burlington, VT 05403 I I QFc'USf1 m r m 4 AL A. m m r g1 r. .., A. 1 .L ......... ,... ...........> LOT' 1 ..-...•.•..' ,.•.•.•.-.` , LOT 3 10 OW EXISTING ' sa LF to 1 y7 [•'•;• ''''' ;f;.'., I sWLERUDIx 1 / CULVERT w PIES INV. INOUT_3 1i • r 1 '�. -1.. •(-.� ;�;. '.''•.':E.. .1..� 1 INV. �B r.:.:,l::.r:`:::. �'.'..''' F::: ; : ' '`''' r• r I 4 n % A. m; : r I A, AL r..'. 1- :-1�:�:�:-:..1.•:�:.:.:•. •.'�. `,1,:;:;`;:;`;;.;•:, • sEEDErAu / / . DUN NOTALL EWEN i tw f;s' .; �(..... • tNv.T N l• :r: M TE: / 1' +� I ML'34a. .')':''•'':':':'. N LOT 3 BUILDING ER1E MAY BE � I / V• I / 1 •� LOCATED AT EITEIER 511E SHOWN N[ E � % .....1.. .... :•CUL T,Yt�FES •• �C"r:�'•;•'.:%m� r. � . \ •_f / ON THI5 PLAN. /�•,rl•.''•'•'''••``•`'"''•:-;•✓�.•.•.•:•;•:•.• / ,r l,'.33��•liP 3 DPE INKS a I N f ( N / /), / / .. .�'.'..'..... (CULVERT. FES I f I w I / 'f / r•'•'- A� / A EDGE OF 100 YR. FLOOD PIAN, 1 I PT' 2t54.11 m� ... y/-.. r m i c. PIPE ARCH 1 / A, ID 0 .. : ' P INK INS : '''' '''`' _ ':':.:'.",'•'.'.: ' I I 1 INK ION ..+z®.......'. %'.i: '4­1 . .7d :..`.i..'.....:'.... s ..s I :. I 1 i...... X. AP .•\� •I• T 2-�� '�:� •,•.•.�:�' y � .'�: F%NDNUDLTUAOfkFSIRCIKAI I :�: f ' nRAw aFIFUL I ` , ),•, •l• •' ; \ IN AM TO 1RAT O OTED ON , / •' I . . .. ..... ..... • • 77 -...I. ....,.\... AM Wiltwks e m "` BEIUAOtIE41PoCtgH \ 60 LF 42" 1:4-41b) AalnON TO TIIAT DEPN7TD) ON \ PIPE AR CULVERT. W� �_ 7 — � t •' •' •' • PLAT RAN PPB'ARLU DY :Y: f F.•`•.F.• ";F;•;• rLALIDsuRW:mRs \ MITERE��S:•:• ' :•� wAi� .:,'i INV. 3TZ$'":':':: ����:':' ::•. \ :'1:::•:T! : m u \ r + m \\ INV OAlnv326$'.'.. �I �'• SFEAEf1 :'. \ EDGE DF KID YR. ru ': •:•;•; `f;'' I \\ .� .. .'G'.. FLOOD PLAN. LEGEND: I' /v s iT IRON PIPE FOUND -ASS—GRAVITY SEWER LINE k^---.J T�71� .• •'(.'.'.'.'.'.. ,'. •'•'•'• ;•�,;•;'''`•'. ..'. �/Rf IRON ROD FOUND----W---WATER LINE \ \ / :•:•:•:'r \ _ / .•. •''-.F.• \ FOND 61T--R4R "T" BAR FOUND —FAT— SANFTARY SEWER FORCE MAIN n SURVEY BENCH MARK-'—'0^" OAS UNE k / Y` PINE TREE---E&T— ELECTRICAL A TELEPHONE NEW SMN��11 Y� RIM-335.5d d 1 HOUSE UPEAND AREA INV.-326.3 .t ; t ..: 1\ ) 4 _.pN_ OVERHEAD LINES %.' r q CENTERLINE EXISTING 5WN.E CA OF (P/ISTURE) I ..;,;...;.;•; X 340.2' SPOT ELEVATION /Oy�'� SIGN l�il I kZM9AL L CONTOUR (INTERMEDIATE) HNOLI. //Y i ,, ` 30" DOURIE WHDE PINE TREE 330-- INDEX CONTOUR 9.x' / ,),. gR.4ER14UIFALL \ / SEE DETNL "'— " ---• WIRE FENCE SPLIT RAIL FENCE AI'NROXUMTE,RQ'D R.O.W. - - ___ __._._..._ BOUNDARY OF WERANDS/UPLANDS:' --- — -- — — EXISTING PROPERTY LINE ' Y• X X I EXP(KFn I FI71:F _ — — •�• ` ' — — — Al R. i M/ 1141V 57011fN g0 OW OUITAU_ SEE DEMIL 1 I I i rI r. 1 I t BUILDING LOCATIONS ARE FOR ILLUSTRATIVE PURPOSES ONLY (SETBACK 50' MIN. FROM WETLAND) / 001- GRAPHIC SCALE IA. 14 a ee u a xo IN rim 1I-02 DIM 'AZD PLR( MN A 4 LOT TU A 3IDT SITE. WILLIAM WESSEL.. PI o-o- DIM mD7 slgAa tm wD NmLs SUMMERSWEET '"�`""GN "' GRACING & DRAINAGE PLAN 7--8-UU 0711 ' .MiED kbAD AU+1iY,4ENL GtAUWU 46-E 7 r r m ml m w .r ALr r r r A j 1: I':`:°r '.. ` '•'•'•'.'• M:•:'::`:'.:1: r I r m r( \ r \ r m I m . r r I A, r r r m s �.•.•.•.... x :•C• LOT 3 / (' LOT 1 .i. { / / n I / •. 'J^� R]OBND I I ,t :1•: jj i !': :I: :f • 10' HORIZONTAL f j DEE DIL SEPARAn(NI IYP. / SEE �Tw I 'f' 'r' ;{; rr �. ''X''' •%, '3 T COPPER "K" /u : ':1: •:':•: •:'.tt. 1 •:F "CE:AI `N:� u, r m , m ,tx. Z WATF:h SERVICE / •:I:•'•:..l.;._...,.•.F.• ::1'I•.•:. :;5%'•APE'•'• y5'OR'28'PVC 1 OhiRt E1f81MKi / 35 LF t5 fl r:::':.`.•1 •'�''''''''':':":':•:': %a Rita 1 , CULVERT W 'XES' 1 ' ' ': 11 'i_: •t z :•r •+'' ;j / NEV CULVERT. / INV. IN-33DT1 .:•/ 1 / / / •A•. ,I, I,.T�: .''''• '(' J I INV. OUT-f 2:•_r. ,r r A( :5TU8'COFIDU:` 1' r '3•�"'•'iaT�JC" 2" WATER MAIy! _ .:hr'...•_ -,�j.' / �,.�,.. •f.•:•. / \ .v__-.,,/ °9 : : CFTgSSINCw4.se�:Yr r ' - FOR, Q BIpW W1F / ;%'.,.•.•. / EDGE OF IOD YR. $8: DUAL / / FI.DDD PLABL i :+fiLo±h-:oer:ti A►ifi::,. :-;4otio. Ai .se : .;(EJP.,MAIroCR1ARD�0[IU[IEI.` .\.'' � ... ••, APINA(+;BT'Jt Gj4,•,•;• 2" COIIPORA 6M m m m �•,•`.....,. xr +d '�' ,4 .: �PpQDU¢T •t142849 .� i`• �' $. DA.'MA . :OR.AI'8R041ED.Ep�/AA�1,.�� 8' % 8' T NG %":'''-.' .•L.; I 1� RRRR11111111 eiT' SLEEVE & VALVE .'.'' .. / ).'INV'.w3��43.5." •r ,r m / :',!•', m ,x, �•' � j ow ili"-•r'• ''• -`I••'•`•••'• N • 'I-•- LOT 3 BULDDWO SInE MAYBE • •'� �••'•'••:•� I .p. LOCATED AT EITHER SITE SHOWN •I •'S':.•�•.�;.•..• _ •:r:':•:''•'' I :•J� ON THIS PLAN. /x •:i•.•.•.'.•.•.•. •.NY.•OUirrJ�44.8.•.•.•.•.• . 3•�) . •.>✓ � / y, r•,-••••••••,•••..•••• / r• •�l / / T NF , 4 ....r. r �. �' :; ........ 7,"33b 1#•3 PEIN 4.5 I I� l q PROVIDE 18" ;H ULVERT• FE5 I I I y SEPARATION TICAL \ (TYP. 4 P :rNV=�!$� I I I uce) \AL P- T-A�2+54.11 m ,r Ak n A � A-+n - Y �./ �:::': : !. A, ...:I•CUItB•'ST • ' • • - - - - -_-"- --�-� 55 LF 42"x1B" ALUMINUM 'rt:•• / /� _ PIPE ARCH CULVIRT..W/,;.:.;. r : i, .' :U,':':':1:':•:•:•:':�:':':•:':'`': /': I m 1 r,. ( ,�. 1 r, ,�. m •L+\ // r MIIERED NDS.• • •; ,•Tiff; TA1 �.SH .EE�C3'. _ ".�...r,J A, r, ALm .;i,;.'.'.. .•' I'.' I 1 I INV. IN-34.5'.•.'.".'.•.'.'.•.'.l'..'. ..':':':':•:•::':'.'.. �,.1~ M^.-. �'+p'AETi1;iYPE:.K:: I INV. oU--33a j32E I :VAVER'5ERV1 \ - ;� �� I I , !i�• .'� / .2", SDR:25.P(., : r en' ;{;. • , , { ,I.... -- ;- N`-�-_''-'- .R'• ,�•-----•-"^�-.r -•- ,r / m m ••n;,• '''`�`�:1;•- ••-;j,'•';':.:";�,':� ,n m ;e ,r ,�. ,u I (OPI \ APIN pp 1A BINIl1riC AGL RFSlAlO110N / ... ,..'(.: :•(•:.:. pIWN OUIFNI. ( ('� •:):•. - ••v`t.:.:..'j91s! IMPLPLAT�PtAN TO PWArM B�/_OII ;a iMp:3� t1AlI': ' :')':' �:- .•4-r-Ism DETAN I ` . — — . �, r . — — • \ /•'•'•'•'•'•'''•'`'` I' P I r. u 4 + m Im, .( 6' 4":COPRER:TYf?E Jl. , r• �'C'';.;. r IEmIatIYtARDSURVEYORS ) :"F : \ %�: ' ' ' :: K FWTBIG T . \..,.;. �.; •.•�•.• , I \ •: \:.'. `;.;. ;FV(? �:��: .>,(/' DRAIN OUIFALL SEE OLIAL AL sEtsAatlEsmicnDN \ \ 80 LF 42. t}°'AL`U►�R)U' r' ' {':' •�j gB `' ;, 7/� I •' • f ADgiwx to nut 0[PIDrFA a1 \ PIPE AR / �` LOT 3 . PLAT PEAK PREPARED BY \ \,••• (` P MITERED OF :'l': •:�' .!:•:'.r:'.'.r.'.': •:•:•:•••:•`•. TLkO SURVEYORS \ \ . . 'i•.•.•, .L .: �;:;' tt d...•� ... ,,rr } �♦ \ INV. �3, Z=$ \ •. �•. •.•.`.`.'' E. \ EDGE OF TUD YR. n= IN 1452&8':': C SECS::•;• FLOW PLAN. I : �..:': ::/.:;.'C':':I:':':':':.•;/ • • ..'�.:� \ \=:2"•�$pDR' GP� �'Fps AIN I A, \\ A. dx \ A, / ocnnONS ARE FGR D.SMNE-HOUSE./ BUNDINO L N 767 B78" N \ a• • .. • • .:•`•' ' : '� :4A{i2At:SI1tiDINSC / ILLUSTRATIVE PURPOSES ONLY LEGEND: -� _ \ /! I (SETBACK 50' MMr. FROM wE11AND) • IRON PIPE FOUND —SS--GRAVITY SEINER LINE'k �^--•---Ti.':•✓`.°,'r'.:•:'; y. \.., -`•N J OO" GY oh%l IRON ROD FOUND -.._.W—WATER LINE \\ \ / i: :. \... \\ POND NT-B4/i "T" BAR FOUND --- FM— SANITARY SEWER FORCE MAIN A, A SURVEY BENCH MARK G-- GAS LINE ; ;•{ � „�l ��'O (:RAPfdIC SCALE PINE TREE —E&T— ELECTRICAL & TELEPHONE NEW SMH RIM-335.50 1DusE A, A, o n a ao m UPLAND AREA INV,-326.3 �QI —011-- OVERHEAD LINES ;}:`;'.- I (9I --�•- — ' --`- CENTERLINE EXISTING SWALE G'4GF ('PASTURFf ItLmE, - BD a X 348.2' SPOT ELEVATION SIGN LEDGE //II� . • \\ kEND�JLL KNOLL—\![/y�� •{'.' -- I E W11TE CONTOUR (INTERMEDIATE) // r ' r .',, \ :: • .:. NE DOUBLE °� -- - r - - - �` - �- - - ,..•.. --3.SO-- INDEX CONTOUR x / yE OEUVL _ - - ___ — x— x --z WINE FENCE A 1 LOT TO A S R lh,SETI' E SPLIT RAIL FENCE M _APPaoI(NA m Rao R..W. -.. _----•-- � � _ VqN S/1,7f1 �N RU.AD •--"'U 4_ Dp '. r r •;� AENSiD i �N WY SHE. WILLI AM WESSEL - . --- - BOUNDARY OF WETLM DS/UPLANDS �- - r SSZ o- BBN RLNSW RA — — SIBI /1 It _ SUMMERS EXISTING PROPERTY LINE _ 4-Y95 DSIL MMN' STA ! 6FPIIC W. IACA7lk13 SITE UTILITY WEPLAN LAN $ -" OSY 115ED UnURES 4 IACANON OF HOUSE 2 4.3 EXPOSED LEDGE N 8.J3453 IV �� / �FF Oote Ch'k'd Revle7on SOUTH BURLINGTON VERMON1 -._.-- - - - -- STOP SON I g° tR i1TILIY POLE �U%�T'SIAUT 88 LF' 15" HDPE I Drawn by Dale-+lSl11E.._1.84fl- SNEEI " CULVERT W/ FES DSM 91AH (PERMITTED) CIVIL ENGINEERING ASSOCIATES, INC. t+ INV. INa332.2 RIM- 32.40 Checked by Scale _.L 50' INV. OUT�331.9 INV. 322.85 8188 SLIELBURNG, VERMQNT ram. INV. IN (N)-�324.8 Approved by Project No. Q Of HIGH POINT ELEV - 337.61 LOW POINT ELEV + 335.35 LOW POINT STA „ 4+57 PA STA 4 5+98 PM SLTA... A. R7 PVI EI FV r 33117.1i HIGH POINT ELEV - 348.61 HIGH POINT STA - 12F35.44 PIA STA . 11+78 PVI ELEV - 349.00 A.D. -4.97 K 30.17 1 150.00, VC PVI STA m 9168 PVI ELEV 33935 N 240.00' VC _T FAA ELE _._ ..._._ 3361 .. _........-- - I - L Sbo vc l _ _ ______.....-.. _____-__ D ,-_.___„-..- �...� I im 100 DOI V0 --•--.. -_ _ __-_ _...._ ...____ -24 x 1 ALUMINUM PIPE ' - - - S 001 FT(i ' ART3T w 'INV MITERED E 3375 0 ( O D......_........ - _.._..__ .._ -----___._ -- y.�._.._., _ - -- __.... --- - flN1�SH ORA E ONE- - D.8.1% --.....- -----_ .-.-. ---- --- •---- - ------ -- --. .. _... ---__ WXISTING GRADE m `- - - " 2SEWER MAI — _. -__ - " WAMAi"-7 1 3+54 .lK 2 w -MITERS END - - �/3 �. 0.75. d.Ir..RQ....___..._._-__..- B' O;1_ W 7ER.MAIN_C OSSING ._... -_ - -- ------- �- - --_... -..._...... 4.471i ET/F ----------- -- - -- -- - -- ------ do rwcm SUBDIVISION. SEE DWG. BY LAMOUREUX k O'LEARY '-- �- '-EXISTIRG-�- 10' MIN9fABILIZATION 3" AGGREGATE SURFACE OURSE r3:1 AT ALL GROUND WETLAND CROSSINGS N s 2 EE_P1AN --•.. I 1 4" FT. SLOPE _L 1L1FT. SLOP . _ _ .. r 4" TOPSOIL -�r 1 w --•"" f.5" BANK RUN GRAVEL COMPACTED BORROW MAIN 6..^---- ELECTRICAL BRIC MIN. SERVICE CONDUITS MIRAFI 50OX OR APPROVED EQUAL N2 8" 0.1. WATER _.7YPIC�A ROAD SECTION_ — MAIN NTS EXISTING - I 3" AGGREGATE SURFACE JOURSE r 3:1 AT ALL GROUND WETLAND CROSSINGS 2 - 1�4�FTlSLOPE r r _4' TOPSOIL `- COMPACTED BORROW STABILIZATION FABRIC MIRAFI 5WX UR .., .. .. 18 RANK RI1N (J7AV4'1 4" FM AND 4 - 2" FM _ PROFILE �1" 0 50' HORIZ. 1" . 5' VERT. aTw IU+UU 1FFL10 12400 13+00 LEBARON FRAME 4L COVER LC266 TYPE C OR EQUAL ADJUST TO MEET FINISH GRADE. FINISII GRADE '—SET FRAME ON FULL MANHOLE — MORTAR BED k SEAL JOINT WAI1. \------2-6 COURSES OF BRICK F014 ADJUSTMENT. MORTARED ON EXTERIOR SURFACES (12" MAX.) _ w _-POLYPROPYLENE MANHOLE Y£� _ STEPS ® 6" O.C. JOINTS USING MANHOLE----� MASTIC OR RIBBER GASKET OPENING F ABOVE _ - - --- b COAT EXTERIOR OF ENTIRE MANHOLE WITH A WATERTIGHT SEALANT (2 COATS) P'I CAST IN PLACE FLEXIBLE MH -��-SLEEVES OR APPROVER EQUAL v 1" Fa (IYP. ALL PIPES) a 4 - 2" SDR 26 PVC m -�--- FORCE MAINS 45' ELBOW POSITION TO DIRECT J000 —CONCRETE FILL TO FLOW TO INVERT o� ri c I IIGHEST CROWN OF PIPE 12" MIN. UNDISTURBED SOIL OR ROCK -6" MIN. CRUSHED CLASS B CONCRETE STONE BEDDING SHELF AND INVERT FLF_VATIVN_ B" SDR 35 PVC OUTLET NOTES: C INVERTS TO BE CONSTRUCTED ONLY AFTER SUCCESSFUL COMPIETION OF LEAKACE TEST. 2. EXTERIOR JOINTS SHALL RE SEALED ONLY AFTER SUCCESSFUL. CCIAPI.E110N OF LEAKAGE TEST. O—IT— USN REMSLD SExER YRORLE PLAN -0" MIN. IADIUS 350 348 346 344 34'2 340 338 336 334 332 330 32.8 326 324 322 WILLIAM WESSEL CI IAAAAf_ DCClA1CCT' I ' m rA 1 \ m A. a I r v m a I m w A. r. I •:•I:..� . a��.. LOTI 1 ILOT 3� /`. .•I•.•a•,`:•.;f�..:;:;:..;.. .1:�:'"fir:•• , .;:,.•..::a:•'•:': 1 � 1WM WITALL lIN[Rf IansNIIDAt LF 1b H arEE nIeIKMRN �:� / • .i.':'.•.•. f NLwdIUgB: , � I . IN+3 6.Ti'•' ' '.k..... 1 / �'•:i':::::•):.4NRNIM ':y"yvv ..L.. •.(..:� f INV. GUT.. �I / p.'..'..•L ..:: :.,:.:; ;:A};:'' :I :�:':':' �'�„.�., f m r m I %k '�' ' :•4 Aa / r rk m r m r / U \ ....romm :44/' DRAM! OUTFNL I './.'•' / U � ' :•I':':•: '''f'`'''•'•' :-�:`;.,...�., '.).'.'. ... 3!# : 5EE DLTAIL ':%'+'•':': , :iaai':T •:NUPE'' :L•a••.: :• •'J-'•"-'•: :.,-,�,,,..::-:-� • � / T�RL •LN .s{5' • �' / : IMF• : �'. :'I':':`.':':. r...:::'..`. / ` '' ' ' LOT 3 BUILDING SITE MAY BE O / y . `.h:•:•:•:•:•:•:•:. 1 I .•r.. 1 �J j�� '0,•,-,•,•`•a '• 1 -� � LOCATED AT EITHER SITE SHOWN '.,` • •'•'•' ::�NV•DU 4.9.•.•.•;•.... a g')' W, PE�"_.... •.;...•.' ON TINS PLAN / ,• (•,•'•'-'''•''' / CUL T.W 'FES m ~�f r ' • :.% r 1 m A r r 1� - — m ::',`::.::':':''•+ iICULW. 3 PFro E l LNV."� la.e i I / .... \ ;:.:.. r.:•:•:•:•:•:•:`:`' �' CULVERT. FE3 \ .t.•.'.• .l .. ' I t ,. •. 'f• `� •:� I II ,E,I � ,.. I m � m %r A,/'/I` A, J. � ._..- _,_AA.. � T� """ • r,. \ m i r '•..-..y 1�...�' ' .,r, - ��._. _ _-I-�--- - - I I �, bb LF 42"xTb" ALUMINUM'"' • �'~ ,.•�f'';':- / /� ��'•-,., a PIPE ARCH CUL4Ff$LY//, '•:':•: 1:':':':':`: �: •':;:::;:.'•: ' I m AN ( m I .A. .�. m ,p'1 / ,.. MITERED LDS:. • ` •a• ••..:.)• ' ' -•sue .Aa :Y .Y r. m INV. IN INV. OU3b:o'• / .F. ' 1... .. .-328 (• "1 _ . a3 C •''' I I I �: `'''' :f: �f J \• I .i. F � :�: .1. .�.•' 1. •.�. :�. I a,a•a• :� �• I '� 2 : FT,oTNo :.r. MA oITTF1W. SEE OfI `f 1 . a - .a . . ....\`.•.'.;�.•. -.•�.•DEW •�.. . _. \.a.�. .....a.a N. �. :% / ,•a % a1 rmIDDN m THAT DErIcuD ON AJ RIE P T nm PREPARED DY r'' WON •t . +'l''' 'I • f r I1AA) slWWroas i t: :�::; r DRAW OUTFALL B.AIiN 1. ) `' �.'a•.'.'.`�`.'. 1 .R. ,e \\ .IX `•+., FOOTING SEE DEJAIL ,A. ,a, .A. ••J. mow.. .: �•:•::t::,�,+ \"': ,L 6fmux RESLacTIaN \ \ 80 LF 42" M'sgk.(LIJMjLIa�_ '+�•;•;+'•'.'•'` / •iT . •: ':.. . TL :: • : •' • Aoanat ro RUT DEPICTED ON \ PIPE AR -CULVERT. W' Y� - LD OF WATER !�; �' �' •' •' •' •' •' • PUT PUN PRD(NtED DI' \ \ / ++. '. ^. / LAND \ MLTELtED S / •'` INV- m ,A. \ ,o< ,4 \ W \\ °�(¢' .•. •.•. 1�.; - �,. •.•... .aEWLPS \ FDGE OF FOO YR. LNv % •a : :;�•:.:• sEe..DDEEfFl11IMM .. ,'4\...;,,-• FLOW MAN. (.... \ ... •: •:•.':•:•.':':•: •.• " '•'•,•.-' ;• Bllil ING LOCATIONS ARE FOR 1'.'...`.'.. \ II.LLTt'ING LOCATIONS AR ONLY ;`a':': 'A','./.•.':'''` `1 .'.`.'.;•/ !`.•:'.• .'. f CETDAICK OU' MIN. FROM �ETLAND)- 1 N 7F" \ \ \ • I. 1 LEGEND: f�r�- l✓ �� a: a i\ :1 i IRON PIPE FOUND --'•SS-'�'-GRAVITY SEWER LINE. 'x,-,�.,,�� [S�i'.'(. a� •'1" .,a•'''''`''''. G.. �c. ®/RF IRON ROD FOUND --W---WATER LINE •..�..'' \ \��_..... �/ '_.+y:•.•�� \ \ POND / -----FM— swEFARY SEWER FORCE MAIN IV-.B.4R 'f" BAR FOUND ,A, ti 1 H .A. a. A SURVEY BENCH MARK--+-.•G--- GAS LINE�i itlt PAMIIC ty.WPFD ON POST WRED TO Lf$H. m BE EQUAL A L IOLWS (w N'PI(UVED EWAL. �PO01 R % MOOD 6' EE IK1Al PMT ffiAaw 1 IN {%4 0' t Itl 24' It 1 GC4a±� zc IgLTTR rADRIc ro DE CINPI D. DACKEYWI AND iANPD a" ` ITHDw giAUE S/FIL OR RR011 STARES SEE WANT Al P(AIT 1. IMIAu MLT RwOO AY RaA Of IAAWOMM aDEEa AN) M PAtIN1TL pro �OWId�1AAt AAeltpNgXL�,N� E. 1aUAINp Wl t RM lOF RNlfyyH)a W al. fla 101fQ. QONIPNJT011 OtUuwAA M.itAn�W°AT RIA & � % VIS 0 w"LIVID)-Brae W _ aAwu aAw .114CIA.wAY tmm m IW nw UMiAI ." w.T Iwwn AAE'N W% DawrtAAm wln. aaIM AAT ATAIaIAID S M 4V�/Mt M DL FABYA(D "JmtY 10 POtfp WN WK wD J IY11a tlD1M ro AA I/ylmlm N[pM,Y ro AVAN WIW raxE Ww aLD WA4D ANIM K. AT la•. IIID wD'ADN. AW p1TILL 4 WHO 1W w ma p' rlMl a*N 044 Lum Ow" "MY awl AM: DKII..j AY Y /4AM 00 9YA[VD. �y rA.-�.�n�• r�L�• BW IE WILT f I4.A0" M , VG 1♦�L SAM HAY- " 9f W S/NAW I OWDINO WIRE OR TWIE STARE PLAN SW,IALE MIANED ((gg / PEN 1, �\ 0 Ul.0 V _,\ EXCAVATE A 1R" 4r DEEP AND THE WD1H OF A DAIS. RACKAEL AND "PACT EXCAVATED SOU. ON TIIE UPHILL SIDE Of THE SALE, SECTIONS HAY NJ L� = DAM N.T.S. �-Y CRUSHED STONE NOTE: PROMO APPROPRIATE TRAN9RCN DEIVM STADIUM) CON'3IR00710N E]NTRAN E AND PUBLIC N.D.W.. TIT -&M- b I p1IISMFD eTOM: 'ohs, EXIB1Mia OR" CROSS-SECnON -v — ��.'a i`.'.'. ^---E&T— ELECTRICAI dL TELEPHONE E r— + _ \ p• v I PINE TREE NEW 3T ��11 T1::•: 1 FrousF > 4 Q� GRAPHIC SCALE RIM�33b bb r V 1 E UPLAND AREA ` h --ON-- OVERHEAD ONES INV.-326.3 f 1 ''1':•:•: 11\ f i ��/ -"- — —' CENTERLINE EXISTING SWALE NEW SILT FENCE �� I (\ "+i•'•' 'I•'•'•'• 1 f tir ^�0 M rprc ) GAGE �PasruR�> . //�1 j ..',.;.;L of ` 34�J.2' SPOT' ELEVATION /X/ /'11 . ,`••.••` Iry'I ' +k A, * 1 1 RD IL _ -- CONSTRUC110N BARRIER FENCE ..X CONTOUR (INTERMEDIATE) % HAYBALE CHECK OALN / pj1 /// � t PRa SIGN : ' :•.•. DINIOLE WI41E f KENIIs9L f_ 0 1 (SO. 0.0., TYR) / •`�;% rIN 9•2' \\ INDEX CONTOUR / / '. �)• WWk7llOUIFNL _ - - i •• y•, SFE LIM %— % --% WIRE FENCE - I/AN RC74,0 .SICKL�N D-- D --a SPLIT ftNL FENCE _� BOUNDARY OF WETLANDS/UPLANDS "' "' 9-1E- 69M IETISFD PlA 41 RERSTA LOT EXISTING PROPERTY LINE IND C? O � ACOED DRAT VW_' �EXPOSED LEDGE --...... --------""" '"' r' - - I (.i DINNICE 1 ENFRGI' DISSIPATORwokupow SFf OILWI a1LFNL OEM j�F' P•E-MM DSD ADDED SLAB 0 i N RW A 4 LOT TO A 3 LOT SIR:. RILLI AM WESSEL E 10,111W SUMMERS ET auTio UDD ONST. w. a DLIRANa: UET. EROSION CONTROL FLAN /r� T IRON - ER F'T. MIN WILDING FINISH GRADE 16" a MINCOVER . 30`0 (MIN.) RISER SHALL BE USED 77 FTO PROVIDE ACCESS TO THE TANK. INSPECTION COVER BAFFLE OUTLET 1000 GALLON PRECAST CONCRETE TANK t--e' COMPACTED CRUSHED GRAVEL 1000 GALLON SEPTIC TANK N.T. EMERGENCY PUMP CONNECTION W/ GATE VALVE J' VENT w/ HIRO SCREEN W/ ACTIVATED CARBON FRIER Gf OUND `� 1' NLIE CABLE. IN CONDUIT ---- NEMA 4 )USE BASEMENT JUNCTION ROIL. PANEL AND BOX J. At & VISUAL 3" GALV. AS SHALL. BE. PROVIDED PIPE GROUT - UNION (:ROUT- --%- *SUBMERSIBLE SEWAGE. - PVC J u £{{ EFFLUENT PUMP Z \ T I SET PUMPING -^------ CYCLE AT 150 "- CAL. PER DOSE LOTS 3 & 4 425 GAL/DOSE LOPS 1 & 2 *VERIFY PUMP REQUIREMENT'S WITH THE ENGINEER ONCE FINAL SITE IS SE.IECTEO. PUMP _STATIONDETAIL N.T.S. CROSSINGS, ONE FULL. LENGTH OF WATER/SEWER PIPE. SHALL BE LOCATED BOTH JCXN'IS WILL BE AS FAR FROM UIE WA"fFR/SEWER AS -POSSIBLE. DIE SEWER MAIN IS OVER '[HE WATER MAIN, THE FIRST SEWER PIPE JOINTS EACH SIDE Of THE WATER MAIN MUST BE CONCRETE ENCASED. SPECIAL tUCTURAL SUPPORT FOR THE WATER AND SEWER PIPES MAY BE REWIRED. ERF IT IS IMPOSSIBLE 10 MAINTAIN THE 18" SEPARATION, THE SEWER TERIALS MALL Of. WATER MAIN PIPE OR EQUIVALENT AND SHAD_ BE ESSURE TESTED TO WATER MAIN STANDARDS. CAST IN PLACE PIPE SLEEVES �--4' CAST IRON 1/4" PER FT. MIN TO PUMP STATION TANK SHALL BE A TWO COMPARTMENT 'TANK W41ERE AVAILABLE USE 1000 GALLON SHALLOW TANK IF REQUIRED LEBARON BOLTED & GASKETED FRAME & COVER 0 R--6460-0 CAST INTO CONCRETE (OR APPROVED EQUAL) 36" 0 RISER ADJUST HEIGHT TO FINISH GRADE r-IODO GAL. PRECAST CONCRETE TANK - ASPHAL.T COVERED GATE VALVE CHECK VALVE 2" SDR 26 PVC PIPING TO MOUND ALARM FLOAT WIDE ANGLE MERCURY SWITCH •6" MIN. COMPACTED CRUSHED GRAVEL. 1. NOTES: 1. TAPPING SLEEVE AND VALVE CWD ARE TO MEET THE CHAMPLAIN WATER DISTRICT `STANDARD SPEC MAIN FOR TAPPING SLEEVES AND TAPPING VALVES" DATED NOV. 1992 2. ALL FITTINGS THAT ARE TO A +- HAVE CONCRETE POURED AROUND Q - - 4o //'''' TYPE 11 STONE FILL (1'-0" MIN. THEM ARE TO BE WRAPPED WITH 4 MIL. POLYETHYLENE PRYOR TO - / THICKNESS) CONCRETE PLACEMENET. _ - CULVER - EXISTING WATER MAIN END SECTION ----- A " STABILIZATION FABRIC MIRAFI 50OX OR _ I APPROVED EQUAL CONCRETE THRUST BLOCK FOOTING DRAIN OUTFALL DETAIL SIZE DETERMINED BY SOIL. COIERMI Ns .,'T . ,•.,. y N.T.S. PUMP STATION DESIGN DATA Design Dolly Flow - Lots 1 & 2 5 Bedrooms x 1 bO GPD/BR 750. GPD 20% Municipal 'treatment Facility credit GPD> Subtotal _<150. 600. GPD Design Daily Flow - Lots 3 & 4 4 Bedrooms x 150 GPD/BR 600. GPD 20% Munlclpol Treatment Facility credit <120. G_PD>_ Subtotal 480. GPI) Required Storage One day storage (600 or 480 Gallons) above alarm on elevation Minimum Pumping Requirements Effluent Pump Standard 2.5 fps - 19.6 GPM (2" force main. SDR 26) (3" = 55 GPM) 5 minutes minimum run time Hoodloss at 30 GPM, 2' FM m 1.54 FT/100 FT (3" 0 85 GPM - 1.56 FT Pump Selection - Lots 3 & 4 Hydromatic Model SW25, Single Phase, 115 V. 1/4 HP 30 GPM at 30' TDH Run Cycle - 150 gals./(30+/- GPM) a 5.0 rnin. Pump Selection - Lots 1 & 2 llydromatic Model at. Single Phase, 115 V. 1150 RPM, 1.0 H•P, 85 GPM at 15' TOH Run Cycle = 425 gals-A854-/- GPM) = 5.0 mill. Ventilation Gravity with activated carbon filter. Hydraulic Information Low Water Discharge Delta I.ot Elev, Elov. Elev. 1 (32 9pm) 342.0 321.9 4-20.1 2 (31 gpm) 342.5 321.9 +20.6 3 (30 gpm) 325.0 321.9 +3.1 4 (30.5gpm) 331.0 321.9 4-9.1 FM FM Minor TDII Length Hloes Losues (Feet) 1510' -23.8' --3.0' •-6.5' 1670' -26.V -3.0' --8.5- 730' -11.2' -'-3.0' -11.1' 1040' -16.5' --3.0' -10.4' EFFECTIVE BURIED CAW VALVE MINIMUM ONE FULL BEA14NO AREA (w1T11 CONCRETE LENG01 OF PIPE SUPPORT VALVE ''• ' at ANCHOR PLUG tir r, , UNDI TW OEO ^ UNDISTURBED Sat. VAL ' DEAD END REDUg SOIL NOTE: Pot yE'J ML (MINE POLYEFN Art ONCR l tlETWEEN AIL CONCRETE THRUST OI OCK5 AND PIPE ANO��OR FITIINGS TO PREVCNT RONO. UNOISIupBt'0 �L- Sow Oft It 1 rT.r.L' "AY MINIMUN AREA OF-EARG"SURFACEnI:. 1NRUST OI.00Kg 4' 6' 6' 1 ban SAFE ING BEAAD ND W t1B.ELe- 15' 226' �N W atl. fib' Ele. Y96'J*ai Eltl. E26' ELB.tI.& '� W �5' ere. 125- fie. W' 41' ere. YRS' ere.COHOInp/ Tom, 0.5 0.5 OS a6 0.5 1.0 O.b Qe a.s.025 is Ii 1.0 8.6 AO 1.8SoUND SAME 10.000 1.0 1.0 1.0 aS 1.5 20 ILA 0.0 ILA4_5 e.5 J6 2oi 2.E'NRO Avti1_5 ni 2.0 2S 1.5 1.0 1.8eb an nn .• 5.0 5n 2.50 .a n •.�-un S.0 on 1IEUIVM S%.A n:,,,n UNDISTURBED sm ..IS2M_0,WNEQ. AND • MAINTAINED ADJUSTABLE IRON VALVE BOX WITH COVER MARKED `WATER" TAPPING SLEEVE & GATE VALVE MECH. JOINT, AWWA APPROVED SEE SPECIFICATIONS. - NEW D.I. PIPE (SIZE AS SHOWN ON PLANS) CONCRETE I 1 V-REINFORCE CONCRETE BLOCK THRUST BLOCK l VALVE SUPPORT -POLYETHYLENE (3 MIL) TAPPING SLEEVE --&._VALVE NTS ,s _,,SEE SF.E PLAN FEXt SI.aPE 1. I 1 4•_TOPSOI1__.___- - �i1 -EROSION CONTROL MATTING IN DITCHES w/PROFILE GRADES EXCEEDING 5X. STAPLE AS PER FT,) MANUFACTURERS SPECIFICATIONS. GRASS LINED DITCH N.T.S. IN DISTURBED AREA, REUSE EXISTING SOLI., MAIN I'AININO ORIGINAL _ CROSS-SECTION. LAYER SURFACE WITH _ \ T'ENSAR EROSION MAY, MODEL (I TM2000 _ OR APPROVED EQUAL. EROSION MAY _ SHALL BE SOIL FILLED AND SEEDED. CULVERT -�-- � � END SECTION ---- END SECTION_ DETAIL N.S. NOTES: 1. A NEMA 4 NON -CORROSIVE CONTROL PANEL COMPLETELY COMPATIBLE w/ THE PUMPS SHALL BE FURNISHED. THE PANEL. SHALL HAVE A DISCONNECT BREAKER, PUSH TO TEST SWITCH, ALL NECESSARY WIRING, AND ALARM BELL AND BORN EXTERNALLY MOUNTED. 2. THE JUNCTION BOX SHALL BE OF A NON- CORROSIVE MATERIAL AND COMPLETELY ALARM I.ICI IT _ WATERTIGHT. COMPRESSION CONNECTORS & HORN I-�-r SHALL BE USED ON ALL. CORDS. -CONTROL. PANEL TO BE INSTALLED INSIDE BASEMENT OF HOME 'K LOCATE WARNING LIGHT WHERE IT WILL. DE EASILY NOTICED IN CASE OF PUMP FAILURE. MIN.TO JUNCTION BOX 64 PUMP STATION. ALL CONDUIT SHALL --•- BE. SEALED TO PREVENT GAS LEAKS IN ACCORDANCE WIIH CODE REQUIREMENTS. TOPSOIL, RAKE,,-- UNPAVED PAVED SEED & MULCH X -I--�- S AWWA HYDRANT, VALVE: AND APPURTENANCES AS PER SPECS ADJUSTABLE IRON VALVE BOX W/110 MARKED "WATER' FINISH GRADE �I r- REDUCING /- BLOCKTi IRU9 f 1/ 1 6' D.I. TEE, !1 o"°"o�- a-... __ 3Po 12' 3/4' CRUSHED STONE- UNDISTURBED SOIL ALL MJ GLANDS SHALL BE NOTES MEGALUG ON APPROVED EQUAL' 1. ALL BRANCH PIPING AND FITTINGS SHALL DE MECHANICAL JOINT. 2. HYDRANTS SHALL BE LABELED "NO-, FOR NONDRAINING ON THE BONNET FACING TFIE ROADWAY. ' 3. ALL HYDRANTS SHALL BE LIMITED TO FOLLOWING MAKES: MUELLER A-243 OR KENNEDY GUARDIAN K-81A. -TYPICAL HYDRANT INSTALLATION. ~ N.T.S. f 1' MAX FINISH t:RADE-' ADJIISTABIE IRON CURB BOX / W/LID MARKED "WATER' �- 1 WATER MAIN CURB STOP CORPORATION STOP -4`x8'x16` SOLID 3 4 TYPE "K'- CONCRETE BLACK P COPF.R SEVICE �'. .� ._.- OR AS SHOWN -UNDIS IURBED S011_ ON PLAN .WATL_R-._SER.YI.CE-.CONNECTION, _- _- N.T.S`. NOTES: 1. i Typical trend( for water, sower, and dralnego pipe. a'`4JaeUo, , �o 0oe�oco„•° �"O 2. ou Compaction of backllll and bnJJlny nholl be a o,, o0 opeo>' minknum of 90% (95% under roadway surfaces). of maximum dry density dslerinlned In the standard Procter lost (ASIM 0698). APPROVED BACKFIII. 'AiOROUGHLY COMPACTED 3. Bedding material shall not be placed am frozen IN 8" LIFTS eubyrado. 2' OF' RIGID INSULATION 4. Approved backfill shall not contain an). atones TO BE INSTALLED WHEREVER more than 6' In largest dimension, 2 moxlntum MINIMUM COVER CANNOT dlumeler within 2' of the outslds of the pipe, BE MAINTAINED & ALSO or any 6ozen. or organic malerlal. APPROVED BY THE ENGINEER' Trenches to bboddlnpl PIPE moleaol u d keptowet.redar Ipoll placing P{ § dewaterod luriny Ineto lalionT of pipe and backflll• 6. The eldee of trenches 4' o mare In depth entered THOROUGHLY COMPACTED by pwuonnel sholl be sheeted or sloped to Thu EFDOING MATERIAL angle of ,.pass ue defined by O.S.H.A. standard. 7. Bedding material for gravity waslewoler lines shall consist of arudwd stone or gravel with maxknuin size of 3/4'. UNDISTURBED SOIL OR ROCK For wale, lines and ...or faros nT01ne, the boddhg matwlul shall be send Submll a sample to the Engineer for opp(ov fl TYPICAL TRENCH DETAIL -- ----- N.T.S. WILLIAM WESSEL 5;t 1MMPRSWFI= T Locator Map it I I fRUTOR it am 1 ` j 1 3a r , Is - I 15 cs � '- ti-'y I1pk q I,u ma 1 Wetlands -lo tz '� ti� g � �1 t 01euW.91 k I 1 rw i� 4 I r I I ] K //_a_ -ip. 20' Pad. / �y gP1n , _—� f I I 1 SA \ 2 _5 vFKWM Wethllds `Y 1 L I Fy�t2 VI r L-- . _ - - --- Rap�rly Lin, of W",d I cncE ILI V•�=pal So D 50 11 150 __—#MM1RDAID '_-RO.e_ -----_---- ---- �.^.------- DUPPSTADT -- SUMMER ICE I I :x . ; 1oO A lv I I IWtMLL < I I I I __---______-wrDa+sv^^s----_-_- Prapert ERASER KEEFE TJ Boyle and Associates landscape architects. planning ci 301 college street& budingtonv v Plont List FA.. nAk.— P-ii— a came Am n&m Red B8B Br Oak Y Bi1B Ps Pine "babes Mite Pine FtY E"dd tolkded TO IWO maddeltal'e Mik Cede 2-- BdB yr M.,— Ifiloam yraMNr 2_4 BdB Cams" rialofm DOOMW 24 Fe1d cabled Plont List ON A— nh— Red Waille 2.5' 60 2 PS P.ne Wales Mik Pine rwM collected 6 SA SAA ahla III %ahk' ftwkq IMaa 2Y Be ,L,eeg{end 16Z$z1 Flood Plain --I--] -- U] Property Lne of III- 51T PM Budding EZItI. A Awaeimale Prap.sed PnpNly Line M,,I Limits of llolvbed Moo aro Beinday W Wa1N Ibin 5 S— Line Notes: I, EII I —I one ae for ylu�N.lion w P— -1, 2. L.1 no.. a. ogNOAYnolq aeluol she 10 W Lot Ache I s.1 J 3e.20 Lot 3 tws opiim of eithN naddiny envelope BERGEROA PARADIS r FITZPATRICK LLP AGREEMENT AND WAIVER AGREEMENT by and between William B. Wessel, hereinafter referred to as "Owner" and the City of South Burlington, hereinafter referred to as "City". WITNESSETH: WHEREAS, Developer has received final subdivision approval from the City's Planning Commission for the construction and development of a three (3) lot subdivision to be known as the "Summersweet Development", as depicted on a final plat entitled, "Three Lot Subdivision, Summersweet Development, William Wessel, Van Sicklen Road, South Burlington, Vermont", prepared by Vermont Land Surveyors, dated June 12, 1998, last revised September 14, 2002, and recorded at Map Book , Page , of the City of South Burlington Land Records; and WHEREAS, the subdivision will be serviced by a private roadway as depicted on the final plat; and WHEREAS, the City has approved the final subdivision application with said private roadway subject to certain conditions; and WHEREAS the parties desire to record a confirmation of said conditions to the effect that by granting said approval and otherwise authorizing said project, the City has not assumed, but rather has specifically disavowed any intention or obligation to plow, repair, or otherwise maintain said roadway or to accept the same as a public street. NOW, THEREFORE, in consideration of the final approval of the City's Planning Commission and other good and valuable consideration, it is covenanted and agreed as follows: Page 1 BERGERON PARADIS � `FIEZPATRICK I.IP 1. The Owner will not apply to the City to have said roadway accepted as a public street without first complying with all applicable construction requirements and specifications set forth in the then existing zoning regulations, subdivision regulations or other applicable ordinances and by-laws of the City, the expenses of complying with said requirements and specifications to be borne solely by the Owner, his heirs, successors or assigns. 2. The Owner waives any rights he may have or claim by virtue of the City's approval of said roadway to request the City to accept the same as a public street. 3. The Owner will not in the future change the location of said roadway nor extend said roadway without the prior approval of the City's Planning Commission, nor shall it permit said roadway to serve more than three (3) dwelling units without prior approval of the City's Planning Commission. 4. The Owner, for himself and his heirs, successors and assigns, hereby waives any rights he, or any of them, now have or may hereafter acquire to seek plowing, repair or maintenance from the City with regard to said roadway. 5. The Owner, his heirs, successors and assigns, shall plow, repair and maintain said roadway or roadways at their own expense and keep the same in good order and repair. 6. Nothing contained in this agreement shall be construed as obligating the Owner to dedicate said roadway as a public street, and, similarly, nothing contained in this agreement shall be construed as obligating the City to accept any such proffered dedication. 7. This agreement may only be amended or revoked upon written consent and approval by the City. Page 2 BERGERON PARADIS ITZPATRICK LLP 8. This agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators, successors and assigns. DATED this day of )2002. IN THE PRESENCE OF: Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. OWNER: WILLIAM B. WESSEL At , Vermont, this day of , 2002, personally appeared William B. Wessel and he acknowledged this instrument, by him signed and sealed, to be his free act and deed. Before me, Notary Public DATED this day of , 2002. IN THE PRESENCE OF: CITY OF SOUTH BURLINGTON BY: Witness Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At , Vermont, this day of , 2002, personally appeared , duly authorized agent of the City of South Burlington and he/she acknowledged this instrument, by him/her signed and sealed, to be his/her free act and deed and the free act and deed of the City of South Burlington. RIB/R9- 02 / WES S EL. A & W Before Page 3 Notary Public CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 23, 2002 William Wessel 70 Highland Terrace South Burlington, VT 04503 Re: Subdivision application #SD-02-60 of William Wessel, 250 Van Sicklen Road Dear Mr. Wessel: Please find enclosed the Findings of Fact and Decision of the Development Review Board approval on September 17, 2002 in regards to the above referenced project. Please note the conditions of approval including the requirement to record the final plat plans (sheets L1, C1, C2 and the survey plat within 90 days, or this approval is null and void. If you have any questions, please give me a call. Sincerely, Stephanie A. Smith Associate Planner Bill Wessel, 11:25 AM 8/30/- Y -0400, Summersweet Final Plat —ro � 1 I'll 'In, rCt �� I cc Let it-6 ( if Delivered -To: jbhplanner@madriver.com From: "Bill Wessel" <wessel@adelphia.net> To: "Juli Beth Hoover" <jbhplanner@madriver.com> Subject: Summersweet Final Plat Date: Fri, 30 Aug 2002 1 1:25:34 -0400 X-Mailer: Microsoft Outlook Express 6.00.2600.0000 Juli A Final Plat hearing for my Summersweet residential subdivision has been warned for Tuesday September 3. As submitted it has four single family homes on a private road. Ray Belair advised me Wednesday that a recent court case found that the DRB does not have the power to waive the ublic Page 1 of 1 p cr,4 street requirement. At this point I have two options: One, I can negotiate an easement from an abuttor for a driveway with separate access to Van Sicklen Road. The three remaining lots would stay on the private road as proposed. ------Two, I can bring the road up to city standards and turn it over to the city I propose that the DRB approve my Final Plat application on Tuesday nigh with the condition that a maximum of three building permits can be issue The permit for the fourth lot could only be issued after I returned to the DRB with a plan for resolving the issue. This would allow the DRB to take action, f r me to move forward with construction of the subdivision and give e time to resolve the issue. Bill Wessel �, n6f aTod- 802-862-4092 l� A-- Bill Wessel.vcf �— oras t wou vet, T �-- sf;�' ai 1 v, Printed for Juli Beth Hoover <jbhplanner@madriver.com> 9/11/2002 Proposed Condition to Approval of SD-02-60/William Wessel, 250 Van Sicklen Road 'The applicant may convey to separate ownership any two of the four lots hereby approved by the Development Review Board ("DRB") without further approval. Unless the applicant chooses to convey the remaining two lots as a combined single lot, which the applicant may do without further DRB approval, the remaining two lots shall remain in common ownership until their ownership separation is approved in writing by the Zoning Admilstrator. The Zoning Administrator shall grant his approval when the applicant has either 1) obtained the approval of both the City Engineer and the Director of Public Works for the public street that the applicant may construct to serve at least one of the lots hereby approved, or 2) obtained a deeded easement for a separate private driveway to serve at least one of the lots hereby approved. SACient Matte\72834\Le al\Proposed Condition to Approval.doc host -it® Fax Note 7671 Datet' VIM" � pages To , /, 1y'. From7 Co./Dept. Co. Phone # Phone # Fax # Fax # 9/17/02 MOTION OF APPROVAL WILLIAM WESSEL FINAL PLAT VAN SICKLEN ROAD I move the South Burlington Development Review Board approve final plat application #SD-02-60 of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into three (3) lots, 5.49 acres, 5.10 acres, and 38.2 acres, Van Sicklen Road, as depicted on a ten (10) page set of plans, page one entitled, "Three Lot Subdivision Summersweet Development William Wessel Van Sicklen Road South Burlington, Vermont" prepared by Vermont Land Surveyors, dated 9/14/02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) In accordance with Section 6.602 of the South Burlington Zoning Regulations, the Board approves the creation of lots for development upon land designated as "restricted area" on the SEQ Official Zoning Map. It is the Board's opinion that based on the information submitted by the applicant that the proposed development will not adversely affect wetlands on the property. 3) Pursuant to Section 513 of the subdivision regulations, the Development Review Board waives the 850 foot cul-de-sac length limit provided in Section 401.1 (g) of the subdivision regulations and approves a length of 1300 feet. It is the Board's opinion the 1300 foot length will not result in unsafe of inefficient traffic conditions since only three (3) lots are proposed. 4) Pursuant to Section 513 of the subdivision regulations, the Development Review Board waives Section 401.1 (k) (2) of the subdivision regulations and allows the private roadway width to be 20 feet. 5) In the ev%nt any additional dwelling units or lots are created within this development,[[, the private road shall be upgraded to City Standards and shall be dedicated to the City as a public street, including the reservation of a 60 footyri��ht-of- way connection to the property to the north. ,v,,� 6) The Development Review Board approves the encroachment of a non -conforming activity impacting approximately .63 acres of wetland and 2.45 acres of C. O. District/wetland buffer pursuant to Section 3.503 of the zoning regulations. It is the Board's opinion based on a letter dated 5/l/98 from Arthur Gilman that the project will not affect adversely the attributes listed in Section 3.503 (a)-(e) of the zoning regulations. 1 7) No zoning permit shall be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 8) Prior to the start of road construction, the applicant shall post a $4973 landscape bond. The bond shall remain in effect for three (3) years to assure the landscaping takes root and has a good chance of surviving. 9) The applicant shall record a legal document approved by the City Attorney which clearly states the proposed road will be privately owned and maintained by the homeowners unless additional dwelling units or lots are approved in which case the roadway shall be upgraded and become a public street. 10) The pumping station alarms shall be lights only. There shall be no horns used as shown on the plan. 11) The City Water Department shall be provided a set of utility plans prior to issuance of the first zoning permit. 12) The gravity sewer mains shall be bedded in 3/4 inch crushed stone. 13) Any change to the final plat plans shall require approval by the South Burlington Development Review Board. 14) This approval is for three (3) single-family lots. The creation of any additional lots and/or residential units shall require approval of the Development Review Board. 15) The final plat plans (sheets L1, C1, C2 and survey plat) 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. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. P 9/17/02 a MOTION OF APPROVAL !� WILLIAM WESSEL, FINAL PLAT, VAN SICKLEN ROAD I move the South Burlington Development Review Board approve final plat application #SD-02-60 of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into three (3) lots, 5.49 acres, 5.10 acres, and 38.2 acres, Van Sicklen Road, as depicted on a ten (10) page set of plans, page one entitled, "Three Lot Subdivision Summersweet Development William Wessel Van Sicklen Road South Burlington, Vermont" prepared by Vermont Land Surveyors, dated 9/14/02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) In accordance with Section 6.602 of the South Burlington Zoning Regulations, the Board approves the creation of lots for development upon land designated as "restricted area" on the SEQ Official Zoning Map. It is the Board's opinion that based on the information submitted by the applicant that the proposed development will not adversely affect wetlands on the property. 3) Pursuant to Section 513 of the subdivision regulations, the Development Review Board waives the 850 foot cul-de-sac length limit provided in Section 401.1 (g) of the subdivision regulations and approves a length of 1300 feet. It is the Board's opinion the 1300 foot length will not result in unsafe of inefficient traffic conditions since only three (3) lots are proposed. 4) Pursuant to Section 513 of the subdivision regulations, the Development Review Board waives Section 401.1 (k) (2) of the subdivision regulations and allows the private roadway width to be 20 feet. 5) In the event any additional dwelling units or lots are created within this development, the private road shall be upgraded to City Standards and shall be dedicated to the City as a public street, including the reservation of a 60 foot right-of- way connection to the property to the north. 6) The Development Review Board approves the encroachment of a non -conforming activity impacting approximately .63 acres of wetland and 2.45 acres of C. O. District/wetland buffer pursuant to Section 3.503 of the zoning regulations. It is the Board's opinion based on a letter dated 5/1/98 from Arthur Gilman that the project will not affect adversely the attributes listed in Section 3.503 (a)-(e) of the zoning regulations. 7) No zoning permit shall be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 8) Prior to the start of road construction, the applicant shall post a $4973 landscape bond. The bond shall remain in effect for three (3) years to assure the landscaping takes root and has a good chance of surviving. 9) The applicant shall record a legal document approved by the City Attorney which clearly states the proposed road will be privately owned and maintained by the homeowners unless additional dwelling units or lots are approved in which case the roadway shall be upgraded and become a public street. 10) The pumping station alarms shall be lights only. There shall be no horns used as shown on the plan. 11)The City Water Department shall be provided a set of utility plans prior to issuance of the first zoning permit. 12) The gravity sewer mains shall be bedded in 3/4 inch crushed stone. 13) Any change to the final plat plans shall require approval by the South Burlington Development Review Board. 14) This approval is for three (3) single-family lots. The creation of any additional lots and/or residential units shall require approval of the Development Review Board. 15)The final plat plans (sheets L1, C1, C2 and survey plat) 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. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. 2 09i16 2002 15:59 FAX 602 362 8176 B A & 1l1. PLC IZoo2/002 Bu�AKPDERSON MELLONI PLC Counsellors at Law VIA. l= GCS Amanda S.E. Lafferty, Esq. Stitzel, Page & Fletcher, P.C. P.O. Box 1507 Burlington, VT 05402-1507 Michael L. Barak' Catevv"y squan: - 30 ^:Grain Street Jon Aatdareon Post Gfoc Bat 787 Thoulm+ R. Mellon' Burlington.N'vramonr 05402-0787 Brian J. 5nllivant rhone; 802 862-0n0U Michael B. Rosenberg' Fait S02 66`•6176 Jeremv I. Ferknsi c.meil: a wyne liNtifl-1.00M Jon T. Alexnndev alsw_vtlswl.arne 'Also admittcdi i¢ NVt link tAhu, ■1lmitwd io 11liaNs *,UK admittcc'. in the iSi;ari¢t of Columbia tAlso edmitt.11 in Mrx,.ar.—L t. September 16, 2002 Re: Wesbuilt Conwanym Sopt Burlir,-,w Dcvclo anent Review Board Haahrg, September 17, 2002 Dear Amanda: Bill Wessel (Wetbuilt) wants eventually to subdivide a 48.719-acre peel into four lots as approved by the South Burlington Planning Com-,nission on November 10, 1998. (On August b, 2002, you opined that this approval had expired.) Due to a change in South Burlington's zoning, however, he can now access only three such lots by a private driveway whereas he could access four in 1998. Accordingly, he needs to reconfigure his project to address this coning change. In the meanwhile, he wants to subdivide now two lots from the main one (denominated Lot 3) which he intends to further subdivide into two lots. To guard against a future argument that Stowe Club Highlands interferes with the future subdivision by Wesbuilt of Lot 3, I suggest the following permit conditiomprovision: This approval is not cozlditioned to prevent the further subdivision of Lot # 3. Rather, this approval is given, with the understanding and expectation that the Applicant may further subdivide Lot #3 in conformance with applicable regulations. Call me if you want to further craft the language. Very trul yours, c Jo erson JTA,a$ cc: Mr. Ray Belair (cia facsimile) S:`Cfien: Marus1728341Lettc;s\jtoJafferty2.doc Proposed Condition to Approval of SD-02-60/William Wessel, 250 Van Sicklen Road The applicant may convey to separate ownership any two of the four lots hereby approved by the Development Review Board ("DRB') without further approval. Unless the applicant chooses to convey the remaining two lots as a combined single lot, which the applicant may do without further DRB approval, the remaining two lots shall remain in common ownership until their ownership separation is approved in writing by the Zoning Administrator. The Zoning Administrator shall grant his approval when the applicant has either 1) obtained the approval of both the City Engineer and the Director of Public Works for the public street that the applicant may construct to serve at least one of the lots hereby approved, or 2) obtained a deeded easement for a separate private driveway to serve at least one of the lots hereby approved. SAClient Matters\72834U ega]\Proposed Condition to Approval.doc DEVELOPMENT REVIEW BOARD 6 AUGUST 2002 The South Burlington Development Review Board held a regular meeting on Tuesday, 6 August 2002, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; M. Boucher, R. Farley, G. Quimby, L. Kupferman Also Present: R. Belair, Administrative Officer; J. B. Hoover, Director of Planning & Zoning; D. Marshall, B. Wessel, V. Fraser, G. Sporzynski, L. Budd, B. Hoar, R. Chelman, R. Collins, K. Braverman, M. Cloutier, S. Walker, S. Dopp, L. Cummings, J. Anderson, D. Scheuer, S. Parker, L.Parker, R. Adams 1. Other Business: a. Request of William Wessel for a subdivision approval extension: Mr. Belair advised that the City Attorney-s opinion is that the approval lapsed because the applicant didn=t=t=t get an extension before the time ran out. The Board must hold a public hearing before granting an extension. A second option would be to have the applicant reapply. There have been no changes, and they would get a 3-year approval. Mr. Anderson, representing Mr. Wessel, said they would like to schedule both hearings, and the DRB can do whatever it wants. The Board was OK with this. Mr. Belair will warn these items for the 3 September meeting. 2. Minutes of 7 May, 14 May, 21 May and 16 July: Minutes could not be acted upon as there was not a quorum of those present at these meetings. 3. Sketch plan application #SD-02-44 of Retrovest Associates, Inc., for a planned residential development consisting of 310 single and multi -family units on 242 acres, and a 35 acre working farm: Mr. Dinklage acknowledged receipt of a memorandum and staff notes plus a note from the Water Dept. regarding capacity and looping. There are also comments from the Fire Department and City Engineer and a note from Bruce O=Neill regarding the rec path. WILLIAM B, MSSEL REAL ESTATE DEVELOPMENT AND, MANAGEMENT 70 HIGHLAND TERRACE - SO. BURLINGTON, VT 05403 • 802-862-4092 August 29, 2002 Mr. Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Ray: This letter confirms our meeting this morning with Dave Marshall and Bill Szymanski. As a result of an opinion that you phoned to me yesterday regarding the DRB's court - limited ability to waive the public street requirement for 4 lots, I am requesting of the DRB the following: 1. That the private R.O.W. shown on the plat be converted to a 60' city R.O.W.. 2. That the street be built in accordance with the Zoning Regulations Exhibit A-2 Low Density Residential One Unit per 10 Acres, 24' pavement, street detail. 3. That the public street end where driveways for lots 1 and 2 divide. 4. That the driveways on lots one and two be widened to accommodate a hammerhead turnaround for emergency vehicles. If you have any questions please feel free to call me at 862-4092. Thank you. Sincer 1 , William B. Wi -r. I-Xu Jwi l l l ocvr ci OU UI.AUI GJ LU UC Q`.Jpl uvCU Uy "illy ai it 111Ctil . SCALE: NONE BURIED TEL, ELEC., (ABLE TV Exhibit A - 2 Low Density Residential (1 Unit per 10 acres) STREET DETAIL Typical Section 60'-0" LOCAL 80'-0- FUTURE COLLECTOR 90'-0" FUTURE ARTERIAL R.O.W. FACE OF GUARD RAIL iT. CONC. PAV. (2" BASE COURSE, 1- SURFACE) X CRUSHER RUN GRAVEL ,�,- 15" GRAVEL BASE COURSE FILL SECTION CUT SECTION GRAVEL BEDDING WATER MAIN 5' COVER NOTES: 1. Materials to conform to VT Agency of Transportation Standard Specifications for Construction, 1990 edition. 2. Use guard rail or cable road guard for fill greater than 10 feet or flatten slopes to 1-3. 3. Base course to be placed first year. Surface course to be placed second year. SOUTH BURLINGTON, VT 4. All gravel to be approved by City Engineer or his/her designate. SCALE: NONE MEMORANDUM TO: South Burlingt D lo,ment Review Board FROM: Ray Belair„ imstrative Officer RE: August 6, 2002 agenda items DATE: August 2, 2002 1) OTHER BUSINESS A. SUBDIVISION EXTENSION WILLIAM WESSEL, VAN SICKLEN ROAD This project consists of a request for an extension of a subdivision approval from a Planning Commission meeting on 10/13/1998 (minutes enclosed). The applicant is requesting an extension of the 1998 approval to address a delay in receiving an Act 250 permit (letter enclosed). Staff is expecting a legal opinion on this hatter from the City Attorney in time for the meeting. The project consisted of subdividing a 48.79 acre parcel (42.39 acres in South. Burlington) into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres and 25.47 ( 19.07 acres in South Burlington), Van Sicklen Road. Findings of Fact from the 1998 final plat approval are enclosed for your review. 3) SKETCH PLAN, RETROVEST ASSOCIATES INC. 1.840 SPEAR STREET This project consists of a planned residential development consisting of 310 single and multi -family units on 242 acres, and a 35 acre working farin. The property located at 1840 Spear Street lies within the SEQ Zoning District, Spear Street - Allen Road View Protection Overlay District, and C O/wetland buffer District. The property is bounded on the north and east by single family residences, on the west by Spear Street, and on the south by the Town of Shelburne and a single family residence. Access: Proposed access is via three access points onto the parcel, two off Spear Street and one off Midland Avenue. The applicant is also proposing to reserve a r.o.w. to the property to the north for a future road connection if necessary. The applicant is requesting waivers for minimum r.o.w., pavement widths, radius curves, distance between centerline offsets, vertical stopping distances, and other standards of South Burlington street requirements (see enclosed waiver list). Density: The parcel is 242 acres of undeveloped land in South Burlington with one existing structure. A portion of the parcel is within the Town of Shelburne, which is not porposed to be developed. The applicant is proposing 310 dwelling units. The density allowed on the r' AOR . in f Al 1 I -:� I 1 War Dow in GAiaE. - r::.'..... akwa ..i 1. 1'''':: .. Slat / .. pool na 1 t:. :: kC! : ii I j 1 a Ap . I .... ... PT -2+67.19 W � 1 . � � � �� —f � ' V'.•.•.•.•.•.•.y S t 1 t 1 ...�.;....1..... 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PK TREE 9ocx coT Naw �30 ,III (�'/ % {3 ''�" � SR --.�-- _ - - _��-�N•- •-- _. • WIRE FENCE " - '/ - .�----•� o --o SPLIT RAIL FENCE BOUNDARY OF WERNOSM'LANL'C - - -. - _ $ - - �.- + - --�� TI��RQum 113M EXWW PROPERTY LINE. - — - ^r"`^�.' �+ T B3 3433' wMD& ORAWAM d �u ®DPE LEDGE_ — — — — — I� i �� � FIFE o�E. ad n.VrbR �'a�e OUPPSTA 0T INV.TN • - 2 YA MAY POLLI I lrv. auT-an.a oTo.TI by -ACL- oat. A•F ,9sa � !` , amokad by DSM Sod* r - M. CF& 099410 AffU0A7IL W. C,�4 DEVELOPEMNT REVIEW BOARD 17 SEPTEMBER 2002 PAGE 7 12. Continued Public hearing: Application of William Wessel to extend for two additional years the approval to subdivide a 48.79 acre parcel into four lots, 250 Van Sicklen Road: Mr. Dinklage said the Board has been advised that they don't have the option of granting this request since the request for extension was made after the approval had lapsed. Mr. Kupferman moved to extend the approved subdivision approval for two years. Ms. Quimby seconded. The motion was defeated 0-6. 13. Continued Public Hearing: Final Plat Application #SD-02-60 of William Wessel to subdivide a 48.79 acre parcel into four lots of 5.49 acres, 5.10 acres, 12.73 acres and 25.47 acres, 250 Van Sicklen road: Mr. Marshall showed the location of the project and the location of Muddy Brook. There are significant wetlands on the site. Mr. Marshall noted that lot #3 is now 38 acres. A private access would serve 3 lots. This has gone through state review and has state and Army Corps approvals. There will be an individual pump station from each lot into the sewer system. Mr. Dinklage noted this approval is for 3 single family lots, not 4. Mr. Marshall said they would like to discuss a 41h lot in the future. Mr. Dinklage said that would have to be a whole new application. Mr. Marshall explained the complications this involves. There is a time limit on state and Army Corps approvals. They would also have to be amended as well as the Act 250 approval. The attorney for Mr. Wessel said they will pursue those approvals. If and when the issues are solved, they will be back for the 4th lot. Mr. Bolton asked if there are any concerns between this property and the Old Stone House going in. Mr. Marshall said none that they know of. The attorney said he wanted to make it clear they are not precluded from coming back for a 4th lot. Mr. Belair noted the City rejected language Mr. Anderson suggested. He felt any language should be approved by the City Attorney. Mr. Anderson said their concern is with the city's interpretation of the Stowe Highlands decision. Mr. Belair noted the city is currently litigating this issue in court. Ms. Quimby moved to approve Final Plat Application #SD-02-60 of William Wessel subject to the stipulations in the draft motion of 17 September 2002, as amended to add the following language to the end of Stipulation #5: "...in order to comply with DEVELOPMENT REVIEW BOARD 17 SEPTEMBER 2002 PAGE 8 Zoning requirements then in effect," and to add the words "a portion of between the comma and the words "the private road." Mr. Farley seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 10:30 p.m. Clerk,'" Date Permit Number SD- UZ G) CITY OF SOUTH BURLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) 1 1 1 C C' e- r-- , � .o . 1 . — I . . — - -- - - - - 2) LOCATION OF LAST RECORDED DEED (Book and page #) * I q09 P 13 G ._8 3) APPLICANT (Name, mailing address, phone and fax # P �F ?6 2 - 410g.2 - 4) CONTACT PERSON (Name, mailing address, phone and fax #) L1/ ! UJ �S' S —/ l a [, N A 7'eq G E' S 1 V T P F 8'6,2 Yvg a 5) PROJECTS BEET ADDRESS: 9 S J' VA-jJ Si G K L.tN R D 6) TAX PARCEL ID # (can be obtained at Assessor's Office) IO.S 1 o2 7 00 rt/-X M R(3 17 so - a o a sD_ L 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) VA 4'—,AX7 FC—'/L D (N t7H SAME 13(?VS*8 A1,10 4 S 7I4,Jp Op T 2EE'S b) Proposed Uses on property (include description and size of each new use and existing uses to main) FA-'2 LL)dU-67 Z=i1/tl 11,Y �- eAt 6- L er - S c) Total building square footage on property (proposed buildings and existing buildings to remain) FAG1� AIK' -ram F- 0 .4Rdu7 3OBa -re y4-0re save ems- d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) TW Q Si"O1? lES /4 (��(�7 30' tcEF7 9 ! G4 e) Number of residential units (if applicable, new units and existing units to remain) ? e 1tQ /V (F(N LO 7S Fe-12 gi L.6' MAM / L-y' H erAtfS E f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8) LOT COVERAGE a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc) Existing -% Proposed % c) Front yard (along each street) Existing % Proposed % 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ 4/.0 aeo -9'7'(ZEF7' T26-6'S) c) Other site improvements (please list with cost):_9XT'E-AI VOAI OF W A--7257� D SEVER mdoE co pFr' r­al/g REST DCAI l L i-. O 'TS W 1714 G 12 U 9 O S 7 'W E' R,6r D 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) Ll 67 IW 1 P C-.40.5 SOS L VIIOUT b) A.M. Peak hour for entire property (in and out): q V 7 E 1 S'9a & () 7T c) P.M. Peak hour for entire property (In and out): Ll V 'T E 7 5-qb t N 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 5 P(� 1 A1G' �2ea3 FfaK lNFR^ S'—Ftet)GTv#ZE IA/ R.O'� W, t4Q✓4ES dZ OQS 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Do not write below this line DATE OF SUBMISSION: gI I V--- I have reviewed this final plat application and find it to be: Complete Incomplete Director of Manning' &� Zoning or Designee 3 =Q Date List of contiguous property owners William B. Wessel Summersweet Development Van Sicklen Road Highland Terrace 20 Soon K. and Mikyung P. Kwon 4.• 40 John W. and Patricia Trutor ✓ 50 Mark R. Abrams ✓ Van Sicklen Road 300 Douglas J. and Doreen B. Kendall �--- 200 Dr. David and Kathy Gage v 333 C. Lynn and Jane G. Fife 895 Paul and Catherine Christianson (Williston) i•, 700 Kyle Keefe (Williston) 133 James and Victoria Fraser (Williston) Hinesburg Road 1550 The Van Sicklen Limited Partnership, c/o Robert Snyder, 15 Brickyard Road, Essex Junction, VT 05452� Summer Ice - c/o Staige Davis, Lang Realtors, 550 Hinesburg Road, South Burlington, VT 05403 — DEVELOPMENT REVIEW BOARD MEMO September 3, 2002 MEETING Official City 1VIap: The Official City Map shows a proposed street running north/south along the easterly boundary of the property. There is a street proposed running east/west along the southern boundary of the property. All planned rights of way should also be shown on the plan as shown on the official city map. Lighting: Cut sheets of all proposed exterior lighting and street lights should be provided for review by the Board. Natural Resources Committee: The NRC will review the application once complete information concerning the wetland encroachment is provided by the applicant. Their next meeting is 17 September. School Impact: The applicant should submit correspondence from the South Burlington School District at Final Plat evaluating the potential impact this project will have on the school system. Landscaping: The minimum landscaping requirement based on multi -family unit construction cost is $ 95,550, which is not being met. The applicant should revise the landscaping plan to include more plants around the duplexes. The plant schedule for the landscaping requirement should be separated from the proposed street trees plant schedule. Street Trees: Street trees are required to be planted 60' on center on both sides of the street. Currently the plans illustrates street trees installed 120 feet and more on center. Please review additional continents provided by the city arborist (enclosed for your review). Mailboxes: The applicant is proposing individual mailboxes. The applicant should include confirmation of this from the post office at final plat. Traffic: A traffic impact study should be submitted prior to a preliminary decision by the Development Review Board. Other: A plan showing the boundaries of the entire development including the designated open space should be shown on a scaled drawing with all open space, single family, and multifamily lots numbered. If development is proposed for the reserved 6.8 acre (Lot X) parcel it should occur within the developable areas. The minimum size of the multi -family units should be provided as soon as known. Any know existing natural resources —substantial trees, woodland/wildlife habitat, historic sites, drainage ways ... should be shown on the plan. Preservation of these features should be addressed as part of this application. A report should be submitted addressing the PUD criteria under Section 26.151 of the Zoning Regulations. F. r 4 . fnoR,r, I VAN SICKLEN ROAD �11 DEVELOPMENT REVIEW BOARD MEMO September 3, 2002 MEETING The applicant is requesting an extension of a subdivision approval granted by the Planning Commission on 10/13/98. This issue was discussed at the 8/6/02 meeting (minutes enclosed). The City Attorney has rendered an opinion (see enclosed) that the approval for the project expired before the extension request was submitted. The Board therefore has no authority to extend an approval for a project which has expired. 8)WILLUM WESSEL, FINAL PLAT, 250 VAN SICKLEN ROAD This project consists of reapproval of a request to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four (4) lots of 5.49 acres, 5.1 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington). Enclosed is a copy of the Findings of Fact & Decision issued by the Planning Commission on 10/13/98. At the discussion on the applicant's request for an approval extension at the 8/6/02 meeting, reapproval of the identical plan did not seem to be a problem. Since that discussion, an issue has come to light which requires a change to the plans to comply with the zoning regulations. The issue relates to the number of lots served by a private road. This development was approved with a private road serving four (4) single family lots. (see stipulation 44 in the decision), when the subdivision regulations limit the number of lots served by a private road to three (3). The subdivision regulations allow the Board to waive this requirement. The problem comes from Section 26.202 (b) of the zoning regulations which also limit the number of lots served by a private street to three (3). This section can not be waived. The applicant has been made aware of this problem. He is attempting to revise the plan to provide a public street serving the first lot and then a private street serving the remaining three (3) lots. If the City Engineer Bill Syzmanski and Public Works Director Bruce Hoar have no problem with the design of the public street, staff has no problem. The applicant has submitted a letter to staff dated August 29, 2002 explaining the changes proposed (see enclosed). 11 PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public j hearing at the South Bur- lington City Hall, confer- ence Room, 575 Dorset i Street, South Burlington, Vermont on Tuesday ,i September 3, 2002, at 7:30 p.m. to, consider the following: 1. Preliminary pplat appli- cation #SD-02.43 of Dorset Street Associates for a planned residential development on 131.59 acres consisting of: 1) 81 .single family lots, 2) five (5) common lots, 3) a 6.8' acre reserved lot, 4) a 36 acre designated open space lot, and 5) 68 multi -family units in 34 buildings, 1580 Dorset Street. 2. Application of William Wessel to extend for two (2) additional years the approval to subdivide a 48.79 acre parcel into four (4) lots, 250 Van Sicklen Road. 3. Final plat application #SD-02-60 of William Wessel to subdivide a 48.79 acre parcel Into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres, 250 Van Sicklen Road. Copies of the applica. tions are available for public inspection at the South Burlington city Hall. John Dinklage, Chairman South Burlington Deve- lopment Review Board August 17, 2002. PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Bur- lington City Hall, confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, September 3, 2002, at 7:30 p.m. to, consider the following: 1. Preliminary plat appli- cation #SD-02-43 of Dorset Street Associates for a planned residential development on 131.591 acres consisting of: 1) 81 single family lots, 2) five (5) common lots, 3) a 6.8' acre reserved lot, 4) a 36 acre designated open space lot, and 5) 68 multi -family units in 34 buildings, 1580 Dorset Street. 2. Application of William Wessel to extend for two (2) additional years the approval to subdivide a 48.79 acre parcel into four (4) lots, 250 Van Sicklen Road. 3. Pinal plat application #SD-02-60 of William Wessel to subdivide a 48.79 acre parcel into four (4) tots of 5.49 acres, 5.10 acres, 12.73.', acres, And 25.47 acres, 250 Van Sicklen Road. Copies of the applica- tions are available for public inspection at the South Burlington city Hall. John Dinklage, Chairman South Burlington Deve- lopment Review Board August 17, 2002. DEVELOPMENT REVIEW BOARD MEMO September 17, 2002 MEETING 10) MARIE DUBOIS, SKETHC PLAN FOR SIX LOT SUBDIVISION, BUTLER DRIVE This project consists of to subdividing a 5.06 acre parcel to create 6 lots and a readjustment of a boundary line between an existing lot #68 and the lot to be subdivided. This property lies within the Southeast Quadrant, C. O. District, and the Dorset Park Scenic View Protection Overlay Districts B and C. It is bounded on the east by Butler Drive and single family residential lots, to the west by Hinesburg Road, on the south by undeveloped land, and on the north by single family lots. Access: Access is proposed via a 30 foot wide paved road within a 60 foot wide right-of-way, proposed as a public street. Frontage/lot size: Proposed frontage for all lots except lot #3 appear to meet the 85 foot frontage requirement. The applicant should request a waiver for any lots which the frontage is less then 85 feet. The minimum lot size requirement of 12,000 square feet is met. Densi : The proposed density of 6 units is allowed (5.06 acres x 1.2 units=6.07 units). Hei t: The applicant should provide with the preliminary plat application the maximum elevations of each proposed lot to ensure they do not exceed the height elevation limit. C.O. District: The South Burlington Wetlands Delineation Map shows the location of a wetland in the western portion of the lot. The wetland should be shown on the plan with a 50 foot C.O. District/ wetland buffer around it. Other: The plan should be revised to show the SEQ restricted area boundary line. 11) DISCUSSION WITH CARL COBB Carl Cobb, representing Mrs. Dubois, would like to discuss the possibility of developing a second access to an undeveloped lot at the end of Dubois Drive. Several years ago the Planning Commission denied a request for a subdivision on this parcel because Dubois Drive (a dead-end street) already serves more than 50 units. A second access would allow the possibility of developing this property. 12) WILIAM WESSEL, REQUEST FOR EXTENSIO*' OF FINAL PLAT APPROVAL, 250 VAN SICKLEN ROAD The applicant is requesting an extension of a subdivision approval granted by the Planning Commission on 10/13/98. This issue was discussed at the 8/6/02 meeting (minutes enclosed). The City Attorney has rendered an opinion (see enclosed) that the 7 DEVELOPMENT REVIEW BOARD MEMO September 17, 2002 MEETING approval for the project expired before the extension request was submitted. The Board therefore has no authority to extend an approval for a project which has expired. 13) WILLIAM WESSEL, FINAL PLAT, 250 VAN SICKLEN ROAD This application was continued from the September 3, 2002 meeting. This project consists of reapproval of a request to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four (4) lots of 5.49 acres, 5.1 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington). Enclosed is a copy of the Findings of Fact & Decision issued by the Planning Commission on 10/13/98. At the discussion on the applicant's request for an approval extension at the 8/6/02 meeting, reapproval of the identical plan did not seem to be a problem. Since that discussion, an issue has come to light which requires a change to the plans to comply with the zoning regulations. The issue relates to the number of lots served by a private road. This development was approved with a private road serving four (4) single family lots. (see stipulation #4 in the decision), when the subdivision regulations limit the number of lots served by a private road to three (3). The subdivision regulations allow the Board to waive this requirement. The problem comes from Section 26.202 (b) of the zoning regulations which also limit the number of lots served by a private street to three (3). This section can not be waived. The applicant has been made aware of this problem. He is attempting to revise the plan to provide a public street serving the first lot and then a private street serving the remaining three (3) lots or eliminating one (1) lot. If the City Engineer Bill Syzmanski and Public Works Director Bruce Hoar have no problem with the design of the public street, staff has no problem. The applicant has submitted a letter to staff dated August 29, 2002 explaining the changes proposed (see enclosed). I ) I 1/ 1421 Fb W1LLIAM B, WESSEL REAL ESTATE DEVELOPMENT AND MANAGEMENT 70 HIGHLAND TERRACE • SO. BURLINGTON, VT 05403 • 802-862-4092 June 20, 2002 Mr. Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Ray: It has been more than three years since the Planning Commission gave Final Plat approval for my Summersweet Subdivision. I have reviewed the motion to approve and believe I have complied with all the requirements possible up to this date. The reason for the delay is my Act 250 approval. I have been dependent on The Old Stone House Project receiving its Act 250 permit as we are sharing in bringing city utilities to our respective subdivisions. My Act 250 permit was drafted but it was put on hold during the appeals of The Old Stone House Project. Now that the Old Stone House Project has cleared the final legal hurdle at the Williston Select Board Hearing last week, I should soon be receiving my Act 250 permit. Please ask the Development Review Board to extend my approval for 2 years. It is my intention to start construction this summer. Thank you. Sincerel , William B. Wessel / �RIM ri i t -�`" ;:�"'''''- ao �a,nEy rIds►' � ��/�� t00Q'OiTt.. TANL tt .. : ly -... WAT�Tx sExv a .. J ow Dow t mr aaw1E I 41 I + / WK OF M IL- . RODE RAn wom A. r7), A� -42,67.19 QO lF 24'IOPE ...� oorr[n 7 P�1c' - 1 ODU�EI4ty.�)r4!.-TES.T.. •:•i•:•:•:•:•:•:•:•.•. ... MAIN ......... .: 1 frncTAr« <�PEN> :a /.. �D:WI1i:�P1� T :• ..:: ....:• :: 1. :::.. r...'�'... IsMmtlIBI —.--.�.►.--' \ .. �' ....• t Kl✓ON i is �: ::•t :-... . �:�::... :.: ' � � .. ......•. /,� � I �•• .. � • � :-:,.. i ,� ✓ wawa Ll:rEIVED I•.•.:1.••.• x.._. ...;:•:�:•: a� a a \ � \ a a .«�.�'.. : , : .-.�.•.•.•.•.•.•" •'�'•' _ \ a a .. ... AUG � 1.98 9 L �•_ ....../... _r . / ! a _ a a a � a :�: f � •'a�:•� :-a-::-: '.:.:.::,: - ::�.:-. � .. a 1 a a a .o Cit of So. Burlington LEGEND: +tea, ....... !: ...... . • RON PVE Fa No �• ���''T�:G- \--N 84�700' V •%KY RON ROO FOUND WAT UNE �\ �.-. �\ FOtO Y-MR Y BAR FOUND —FL— SANff t SEWER FORCE AWN `- PT a i 74- .•i• 1 1 ® FS I ,� / a a a // ,. a A SURKY BOHM NARK —4— cis uNE P-C, _ 3. GRAPHIC SCALE ,Ecrrm:AL � TEirrra«E . 7..• 1 a a PNE TREE —ELT—ENOUSE ti OJFRIEAD 11FE5 \NC/I — ro EDGE of WERNIO '� —N - .II 'F ;.: 1 04.69 I 09 ( DI pm ) �- CEN,EiCNE E%6'71NC S1vALE \ / / 1 m - w ri GAGE <PASTlAPE> �1 I �' �(� 0_ x 349.7' SPOT ELEVATION Ima� /�� 1 P' :_` - ;'9.02 q KENPALL CONTOUR (NRNAEIVmLaLE DE) IEb1 /�7T ! • I • •. • R�IE 1A1RE �70-- - INDEX CONTOUR �1 `/ ('� �- 8 u.9a 7 WRE FENCE �- SPlll RAC FENCE - BoUNWRY of wCT mm/ummus •�••��• - — _~— — BlNi�iC -- &ET SUMMON �� u'�'� ( 0° ,r Ts HOPE w FIFE M. C1,xa ,b. aI.R m PoLE DZIPPSTAI0T NKv. IN-SO-2 ola.R by Q� ooN J INE 1998 SHEET uTury v. ouT-s71.6 INSTALL TIE 4 - 2' FORCE MAWS p„d, d by �L sod. ,• - 50' � Q1tl. D�IC AIMMIM W- /� -A N THE SAW TRENCH AS THE 4' SIE16l7ME• \VWCUT v 2 SNlTARY BIER FORCE MAN A.ao br P t Na 98188 B47T7V Mo.., 0+00 1+00 2+00 3+00 EXISTING GROUND 2 STABILIZATION FABRIC MRAFI 50OX OR APPROVED EQUAL 4+00 5+00 6+00 7+00 1• - OC HONZ. 1• . 5 VFRT. Q 10,-0' 10'-0' 3' AGGREGATE SURFACE RSE ' 3.1 AT ALL WETLAND CROSSINGS I 1 /4'/FT. SLOPE 1 /4'/FT. SLroE TOPSOIL BORROW 15' BANK RUN GRAVEL NTS 3• AOOREGATE SURFACE `3.1 AT ALL EXISTING ME.D CROSSINGS GROUND 2 i/{'/FT. SLOPE 1/4'/FT SLOPE I 4' TOPSOIL � -_.-- ------.___- COMPACTED --_ BORROW A L17ATON FABRIC MRAFI SOOX OR 15' BANK RUN GRAVEL APPROVED EQUAL NTS HIGH PONT EIEY - 34&61 HIGH POINT STA - 12+35.44 PA STA - 11+78 PIA EIEV - 3aOO AA - -4.G7 PM STA - 10►14 K - 3D.17 0+00 9+00 10+00 11+00 12+00 13+00 350 348 346 344 342 340 338 336 334 332 33O 328 326 324 322 AUGR.E.CEIVED 1 9 1998 City of So. Burlington 4" CAST IRON- 1/4' PER FT. MIN FROM BUILDING TOPSOIL, SEED & i WATER SEWER MINIMU' BETN4 t WATT-R SEWER _F DUE TO SITE CONDITIONS MORE FINISH GRADE 113' a MIN. THAN 12' OF BACKFILL 15 REQUIRED. COVER A 30-0 (MIN.) RISERS SHALL BE USED TO PROVIDE ACCESS TO THE TANK. INSPECTION _ NISPECTON COVER CAST IN PLACE PIPE SLEEVES 3' VENT EFFLUENT LEVEL 3" VENT 4' CAST IRON INLET BAFFLE OUTLET BAFFLE 1/4PER FT. MN TO PUMP STATION TANK SHALL BE A TWO COMPARTMENT 1000 GALLON PRECAST CONCRETE TANK TANK WHERE AVAILABLE j USE 1000 GALLON SHALLOW • , , _ TANK IF REWIRED 6" COMPACTED CRUSHED GRAVEL 3' VENT w/ BIRD SCREEN MOUND r,T CONTINUE CABLE IN CONDUIT TO HOUSE BASEMENT CONTROL PANEL AND ALARM. AUDIO & VISUAL 3" GALV.- ALARMS SHALL BE PROVIDED PIPE GROUT -\ GROUT SUBMERSIBLE SEWAGE EFFLUENT PUMP 4" SDR 35 PVC 1/4' PER FT. (MIN.) FROM SUPTIC TANK SET PUMPING - CYCLE AT 150 CAL. PER DOSE �ooao 0 0 0000000000000l NOTES: 1. Typical trench for water. sewer. and drainage Pipe. °°°o°000°o° °p o° °OopOo°< 2. Compaction of backfYl and bedding ¢hall be a Oo°ooOopO o opoo minimum of 90% (95% under roadway eurfoces) Of maximum dry deneit determined in the standard proctor teat rASTM D698). APPROVED BACKFILL THOROUGHLY COMPACTED 3. Bedding materiel shall not be placed on frozen IN 8" LIFTS subgrode. 2" OF RIGID INSULATION 4. Approved bcgfill ¢hall not contain ..z atones TO BE INSTALLED WHEREVER more than 6in saxim gest dimension, 2 maum MINIMUM COVER CANNOT diameter within 2' of the outside of the pipe, BE MAINTAINED & ALSO or any frozen. or organic material. 2' APPROVED BY THE ENGINEER 5. Trenches ¢hall be completely dewatered Prior to PIPE placing of pipe bedding material and kept dewatered during Installation of pipe and batkfll. ° 8. The sides of trenches 4' a more in depth entered THOROUGHLY COMPACTED by pervonnel shall be *hatted Or eloped to the as defined by O.S.H.A. *tandorde. °Oo BEDDING MATERIAL angle of repose �° o t?. 7. Bedding material for wastewater lines aholi consist of crushed storeo gravel with maximum size of 3/4' UNDISTURBED SOIL OR ROCK For water linee bedding material shall ba *and. Submit a sample to the Engineer fo Oplxowl. NOTES 1, AT CROSSINGS, ONE FULL LENGTH OF WATER/SEWER PIPE SHALL BE LOCATED SO BOTH ,RANTS WILL BE AS FAR FROM THE WATER/SEWER AS POSSIBLE. 2. IF THE SEWER MAIN IS OVER THE WATER MAIN, THE FIRST SEWER PIPE JOINTS ON EACH SIDE OF THE WATER MAIN MUST BE CONCRETE ENCASED. SPECIAL STRUCTURAL SUPPORT FOR THE WATER AND SEWER PIPES MAY BE REQUIRED. 3. WHERE IT IS IMPOSSIBLE TO MNNTAIN THE 18' SEPARATION, THE SEWER MATERIALS SHALL BE WATER MAIN PIPE OR EOUIVN.ENT AND SHALL BE PRESSURE TESTED TO WATER MAIN STANDARDS. 4. WATER MAINS AND SEWER LINES OR MANHOLES SHALL HAVE AT LEAST 10' HORIZONTAL SEPARATION. THIS DISTANCE SHALL BE MEASURED EDGE TO EDGE. LEBARON BOLTED & GASKETED FRAME & COVER / R-6480-8 CAST NTO CONCRETE (OR APPROVED EQUAL) NEMA 4 JUNCTION 36' 0 RISER BOX ADJUST HEIGHT TO FINISH GRADE LOGO CAL PRECAST UNION CONCRETE TANK - /// ASPHALT COVERED GATE VALVE CHECK VALVE 2" SON 26 PVC PIPING TO MOUND GROUT / ALARM FLOAT MADE ANGLE MERCLERY SWATCH Vo o°0000000 00 8" MIN. COMPACTED CRUSHED GRAVEL *VERIFY PUMP REQUIREMENTS WITH THE ENGINEER ONCE FINAL SITE IS SELECTED. it. 7.1.1a aCA (.1 1' MAX FINISH GRADE ADJUSTABLE IRON CURB BOX ,W/UD MARKED 'WATER' 7 INSTALL A GOOSE I I I -CURB STOP NECK LOOP WATER M CORPORATION STOP "xil"Als' SOLID 3/4" TYPE •K• COUPEERR SE / a CONCRETE BLOCK SHOWN �-UNDISTURBED SOIL ON PLAN p d N.T.S. WON" ONE M BIFPED GATE VALVE LENGTH OF PIPE wTH (M =ALZ vALVE t AMC" R110 111PoIS1lII1BFD BOL _ PPIACCE 3 W (YN.) POLYETI111HE SHIEf BEn4EDi ALL CONCRETE TRUST BLOCKS AND PRE AND/oN Fn nHcs TO PREVENT BOND. SCIL 1111+BFD W BEARING AREA Will. RBlD ALARM L SOE & HORN COVER TO BE YNOt5T1PBtD LOCKABLE 4W., OR 3' 4' 8' 8' 12' CONDITION SOLED SHALE ISAFESOL so• w Tan• Bt• 4e• SO 21d 1.5 0.5 a5 0.6 0.5 0.6 1.0 05 ab 1.0 to 1.0 0.5 2.0 2.6 13 1.0 40 5,5 1.0 1.0 t.0 QS 1.8 20 i.0 O.S &a AO 20 1A 4.8 •A 13 20 0. 14. 7.5 2.0 1,07.3 t.0 aS 20 2S 1.8 1.0 5A a0 &0 AO &0 IA 0.0 B.3 a0n L0. S.0 to 2.8 IA 1.0 2-0 58 20 t.0 6.5 20 •o 7A La LLD 10 4.6 26 1.S SA 7.0 AO 20 60 4A Q Iw 3. 90tAE1 SH.Yf 1,000 MAeM i,I WARN NAME - JOD P51 MOLE tTEDUCER BEAfeW AREA - 43' BEMs OF LAMM PIPE 11.;i rY ,!. t. ... / SEE PLAN FOR SLOPE 4 TOPSOA. - EROSION CONTROL MATTING IN 0 TONES w/PROFIL E GRADES EXCEEDING 5% STAPLE AS PER MANUFACTURERS SPECIFlCATIONS. CULVERT END SECTION EXCAVATE A TRENCH 4" DEEP AND THE WROTH OF A BALE. BACKFTLL AND COMPACT EXCAVATED SOIL ON THE UPHILL SIDE OF THE BALE. • SWN lE BALED HAY OR STRAW \ ONNRR TTWIM WIRE NE r t'r rr e 11 I STAKE .. N r` yr , M IL f i I PLAN 6" x 6" 14.5 GA WIRE MESH 30' HIGH AND BURIED 8" BELOW GRADE, HOOKED TO STEM STAKES (MARE MESH CAN BE ELIMINATED FOR FENCE 24" OR LOWER) FILTER FABRIC CUPPED OR POST WIRED TO MESH, TO BE MIRAFI LOONS OR APPROVED EQUAL FENCE HEIGHT NOTES: 24" MIN �• 3C' 2 x WOGD C 2S' '•P06T 1. A NEMA 4 NON -CORROSIVE CONTROL IMETAL PANEL COMPLETELY COMPATIBLE w/ ••SPACNG POST t0 1Or THE PUMPS SHALL BE FURNISHED. 4 x 4 YWT00 1C le THE PANEL SHALL HAVE A DISCONNECT BREAKER, PUSH TO TEST SWITCH, ALL NECESSARY WIRING, AND ALARM Y4" FILTER FABRIC TO BE CUPPED, BELL AND HORN EXTERNALLY MOUNTED. BACKFILLED AND TAMPED 8' BELOW GRADE 2. THE JUNCTION BOX SHALL BE OF A NON- CORROSIVE MATERIAL AND COMPLETELY STEEL OR WOOD STAKES WATERTIGHT. COMPRESSION CONNECTORS SEE CHART AT RIGHT SHALL BE USED ON ALL CORDS.�L t� E I E ®I OF 71► SL W TRr�MOAS W Sm TT AWN�ACCV�IU.A�TED To �rpT E HCE ECHTT THE -CONTROL PANEL FENCE. CONTRACTOR SHALL INSTALL SIT FENCES AT THE TOE Of ALL FILLED R Ll appan TED ROPES TREATED MMIG COHSTRVCiIUH. NOT HECE55APIY REFLECTED ON THE F1NAL PLN SLT FENCES ARE TO BE MAINTAINED AUG 1 9 1998 UNTIL SLOPES ARE ST K FA. 2. WOVEN WILE FENCE TO 8E FASTENED SEPTRA.Y TO P0575 wM wNE TIES * LOCATE WARNING LIGHT WHERE OR sTAP cs OR IT WILL BE EASILY NOTICED IN CASE OF PUMP FAILURE. J. CLOTH 70 1D WOn",AND WERE0TT itTKE wN Y 4 ATIED . MID EC AC9 9PACID EVERY 24' AT LOP. MD 5EC11ON, AND OOTTOY. TIES S City ®f So. .f�,f� Burlingto"/ BE BY 6' FOLDED STA"Wa'ccWmT" CLOTH PLED. EACH 0 -6' MN. TO ,FUNCTION BOX IN PUMP j STATION. ALL CONDUIT SHALL BE SEALED TO PREVENT GAS LEAKS N ACCORDANCE WITH CODE REQUIREMENTS. QQMIRVb "HI DUAL r=.d by ::d IDWta .MINE..19gB N.T.S. by SDda I ved by - Prvirot No, 99188 SHEET cra 0I091EDrM A00MIM W. C_ AI SHURA PE, VFRYCNT T Victoria Fraser 650 Van Sicklen Road Williston, VT 05495 March 9, 1999 Joe Wieth South Burlington Planning Office 575 Dorset St. South Burlington, VT 05403 Dear Mr. Wieth, Recently, in conversations with the Natural Heritage Program regarding the Wessell Development I was faxed a copy of the enclosed document. It is a description and map of a rare clay plain forest located to the northeast of the Wessell development in the Muddy Brook Area. Perhaps you are already aware of this rare forest, but in case you are not I thought to forward a copy of the report. I would appreciate it if you would forward it to the appropriate individuals within South Burlington government. Sincerely, V, I - Victoria Fraser MAR-08 39 09: 0 j FROM: UT. FISH , !LDLIFE 802-E41-3295- TL 28640 i C11 PAGE:02 SIGNIFICANT C)ELA3,WLA.1N VALLEY CLAYFLAIN FORESTS OF VERMONT Marc Lapin/Vermout Noagame and Natural Heritage Program, 1998 SITE NAME: Van Sicklen Forest TOWN: South Burlington MAPS; Burlington, VT, 7.5' USGS quadrangle LOCATION; East of Route 1 i 6, between Van Sicklen Road and Interstate 89 SOURCE OF INFORMATION, 1991 field visit (M. Lapin); VNNHp' files OWNERSHIP: private; no access to private lands without owner's permission SIGNTFICA1 CE: Good example of Champlain Valley Clayplain Forest (C-ranked). Uncommon yellow lady's-slipper orchid (Cypripedium calceolus) is present. DESCRIPTION OF SITE: The 1 2-acre clayplain forest is part of a 28-acre forested tract that also includes red maple -black ash swamp. In the clayplain forest, green ash (F'raxinus pennsylvanica) and bur oak (Quercus 14crocarpa) are strongly dominant; also in the canopy are red maple (.4cer rubrum) and basswood (Tilia Americana). Eastern hemlock (Tsuga conadensis) is a common small tree that grows in patches and musclewood (Carpinus ccrroliniona) is an abundant tall shrub/small tree. Dominant trees are 12-16" (30-40cm) diameter at breast height (dbh). The ground surface is quite hummocky and supports a rich assemblage of herbs. Lady fern Whyrium filix femina), maidenhair fern (,4diantum pedatum), sessile -leaved bellwort (Uvulario sessilifolia) and graceful sedge (Caret gracillima) abound on the higher surfaces. In the depressions, common herbs are sensitive fern (Onoclea sensibilis), interrupted fern (Osmunda clayloniona) and wood -nettle (Laporlea conadensis). Uncommon yellow lady's-slipper orchid (Cypripedium calceolus) also grows in the forest. COMMENTS AND MANAGEMENT GUIDELINES: One of the few natural areas remaining in South Burlington, this site is a nice piece of clayplain landscape. Its wet soils appear to have precluded land clearing and permitted this clayplain forest remnant to remain. The degree of hummocks and depressions on the ground surface indicates that the parcel has never been cleared for agriculture. 9 MAR-0849 09:07 FROM:VT.FISH & )LOLIFE 802-241-3295 TL/8640701 PACE:01 SIGNMC'ANT CHAMPLAIN VALLEY CLAYPLAIN FORESTS OF VERMONT Marc La�-inNermout Nongame and Natural Heritage Program, 1998 300 • _ \ • ', Of WindrnilVO 044 E Ift win MW f i „ .48 04 Van Sicklen Forest South Burlin • ,.. �^. gton �a+namiu �' Scale 1:24,000 ;(-7 ROOMBurlington, VT 7.5' USGS quadrangle (1987) «, ;/;� •yam f� -..' _ - .w op �,�.A` 1 •:..: - .. , ; •� • .• ' 1 , 1. =RY' 1 , • •�_r .ram •./ ^'''I`� �� �`(�1 ; � .. y 59 CITY 19 LL at�1 M Received --on page , yw9 Recorded in Vol. EASEMENT DEED Of So. Burlington Land Records Attest: Margaret A. Picar , ffkALL PERSONS BY THESE PRESENTS, That WILLIAM B. WESSEL of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR (whether singular or otherwise, hereinafter referred to as "Grantor"), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by CITY OF SOUTH BURLINGTON of South Burlington, in the County of Chittenden and State of Vermont, GRANTEE (whether singular or otherwise, hereinafter referred to as "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, CITY OF SOUTH BURLINGTON, a Vermont municipal corporation, and Grantee's successors and assigns forever, an easement and right of way over and across a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being easements and rights of way, in common with the Grantor herein, his heirs and assigns, over and across portions of the "Summersweet Lane" development located northerly of Van Sicklen Road in the City of South Burlington. Said easements and rights of way are more particularly described as follows: 1. An easement and right of way over a strip of land thirty feet (30') in width for a water line and a 4" sanitary sewer force main; which said strip of land commences at the northerly side of Van Sicklen Road and continues in a northerly direction across Lots 3 and 4 oil the Summersweet Lane development to the southerly boundary of lands or premises now or formerly of Mark & Marsha Abrams. The exact location of said easement is shown and. - picted as "30 FT Wide Utility Easement Centered on Pipes, for the City of South Burlington" on a plan entitled "Four Lot Subdivision, Summersweet Development, William Wessel, Van Sicklen Road, South Burlington, Vermont," prepared by Vermont Land Surveyors, dated June 12, 1998, last revised January 12, 1999, and recorded in Map Volume at Page -I in the City of South Burlington Land Records (the "Plan"). This right of way easement shall act as a bill of sele and hereby conveys that eight inch (8") water main and four inch (4") sewer force main, including manholes, fixtures, fittings and appurtenances located on, under and through the easement herein conveyed which extends from the northerly sideline of the Van Sicklen Road right of way to the boundary of Lot 4 as shown on a utility plan entitled "William Wessel, Summersweer, Site Utility Plan, South Burlington, Vermont," prepared by Civil Engineering Associates, Inc,., dated June, 1998, last revised October 13, 1998, and recorded in Map Volume Yjp, at Pa„- 6 a , in the City of South Burlington Land Records (the "Utility Plan"). This bill of sale does .»s Include those four (4) two inch (2") sewer force main pipes serving the individual lots, as showwn an z�,id Utility Plan. 2. An easement and right of way over a strip of land twenty five feet (25') in width for an eight inch (8") water line and fire hydrant and a two inch (2") water line serving Lots 1 and 2 LAW OFFICES depicted as "25 FT Water Line Easement to the City of So. Burl. Across Lots 1 & 4" on said Plan. BERGERON, PARADIS Said water line easement and right of way begins at the westerly edge of the aforementioned thirty FITZPATRICK foot (30') wide utility easement in the southwesterly portion of Lot 4 and proceeds in a westerly direction to the northerly sideline of the Summersweet Lane right of way, thence proceeding in a westerly and southwesterly direction in and along the northerly portion of the Summersweet Lane right of way to its terminus at the northerly sideline of Lot 2 as shown on said Plan. Said twenty five foot wide easement shall be centered on the eight inch water line and two inch water line "as built". This right of way easement shall act as a bill of sale and hereby conveys any water pipe lines, fire hydrants, fixtures, fittings and appurtenances located on, under and through the easement herein conveyed Included in this easement is the right to enter on the easement areas and that sixty foot (60' ) roadway as shown on the aforesaid plan for the purposes of constructing, maintaining, repairing or replacing any of the above rights granted, provided, however, that the said rights must be exercised in a careful and diligent manner and any damage to any property of the Grantor caused by the Grantee, it successors and assigns, shall be repaired and Grantee shall promptly restore the ground to its original condition as soon as practicable after any excavation on Grantor's land Grantor, his heirs and assigns, hereby covenants that he will not erect or permit any building or other structures, change the grade, fill or excavate within the aforesaid strips of land which might interfere with the proper operation and maintenance of Grantee's water line and sewer force main facilities. The Grantor, for himself and his heirs and assigns, specifically reserves the right to pave and install curbing, drainage facilities, lighting and landscaping, and otherwise prepare the surface of said strips for use as a road and driveways, and to allow the passage of pedestrians and vehicles over said strips. Grantor, for himself and his heirs and assigns, further reserves the right to lay, install, construct, reconstruct, operate, maintain, repair, replace and remove underground sewer force mains to serve the individuals lots, as well as cables, lines, pads, conduits, fixtures and appurtenances for the transmission of high and low voltage electric current and for telephone use within said strips, in the location shown on the aforesaid utility plan, provided, however, that any laying, installation, construction, reconstruction, replacement and removal of such private sewer force mains or electric and telephone cables, lines and equipment within said strips by Grantor or his heirs and assigns after the date of this deed shall be initiated and undertaken only with the advance written consent of Grantee or its successors and assigns, which consent shall not be unreasonably withheld if the contemplated work and use of said strips thereafter will not unreasonably interfere with the Grantee's use of said strips, and provided further that Grantor and his successors and assigns shall indemnify, defend and hold harmless Grantee for all costs, liability, damage and expense, including but not limited to reasonable attorney's fees, caused by or resulting from the actions or inactions of the agents, employees, contractors and subcontractors of Grantor and his heirs and assigns in undertaking any such work in or about said strips, and Grantor and his successors and assigns shall properly repair any damage to the property of Grantee caused by or resulting from the exercise of such reserved rights. The herein conveyed easements are located on a portion of the lands and premises conveyed to William B. Wessel by Order of Confirmation in the matter of Chittenden Trust Company v. Smart Associates and John Dwyer and William B. Wessel, Chittenden Superior Court Docket No. S1057- 82CnC, dated October 28, 1983, of record at Volume 409, Pages 136-138, of the City of South LAW OFFICES BERGERON, PARADIs Burlington Land Records. 8 FITZPATRICK 2 Reference is hereby made to the above -mentioned deeds, the records thereof and to the deeds and records therein contained, all in fiurther aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, a Vermont municipal corporation, and Grantee's successors and assigns, to Grantee's own use and behoof forever; And the said Grantor, WILLIAM B. WESSEL, for Grantor and Grantor's heirs, executors and administrators, does covenant with the said Grantee, and Grantee's successors and assigns, that until the ensealing of these presents Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and except for all easements, rights of way and other rights as may appear of record, provided that such exception shall not reinstate any such rights or encumbrances previously extinguished by Title 27 Vermont Statutes Annotated, Chapter 5, Subchapter 7; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and acknowledged this day of 4,�4kacq, A.D. 1999. IN PRESENCE OF i<liam B. Wessel STATE OF VERMONT CHITTENDEN COUNTY, SS At this �5* day of _ A.D. 1999, Grantor, WILLIAM B. IVESSEL, personally appeared and acknowl ged this instrument, by said Grantor sealed and subscribed to be said Grantor's fract and deed. ='. Notary Aublic RLB/R1-99/WESSEL. ED. WPD Vermont Property TrAnsfer Tax "" " 32 V.S.A. C��EMENT-� ap 231 LAW OFFICES �J"' `' BERGERON, PEwnols Rt LR.; R.F.-OJAXX FA{1 pCARD OF HEP.LTH CERT REC'0 FITZPATRICK Vi'tyD USr & uCVrLOFh',cNi FL,1NS ACT. CERT. REC' 8 pzeturrl PLO. �- CIerK =- Cate VERMON ► 'ROPERTY TRANSFEK `AX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. William B. Wessel 70 Highland Terrace, So. Burlington, VT 0 < -7 32 = BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. City of South Burlington Dorset Street, So. Burlington, VT PROPERTY LOCATION (Address in tull) • DAT OF CLOSING Easements - Summersweet Lane development '>7 INTEREST IN PROPERTY_ 1. ❑ FEE SIMPLE 3. ❑ UNDIVIDED 1/2 INTEREST 5. ❑ TIME-SHARE ESTATE 7. EASEMENT 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED _% INTEREST S. ❑ LEASE 8. ❑ OTHER FRONTAGE AND DEPTH TOTAL ACREAGE BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. 0 NONE 5. ❑ BARN 9.0 STORE 2. ❑ FACTORY S. ❑ MULTI -FAMILY WITH ( INSERT ) DWELLING UNITS 10.❑ OTHER TRANSFERRED 3. ❑ SINGLE FAMILY DWELLING 7. ❑ MOBILE HOME NUMBER DESCN91 4. ❑ CAMP/VACATION HOME 8. ❑ CONDOMINIUM WITH ( INSERT ) UNITS TRANSFERRED NUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. ❑x OTHER easement DESCRIBE D[1TlRle[ 2. ❑ OPEN LAND 4. ❑ TIMBERLAND S. ❑ GOVERNMENT USES. ❑ INDUSTRIAL DESCRIBE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9, ® OTHER easement D�CRIBC DESCRIBE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENTUSE8. ❑ INDUSTRIAL DESCRIBE IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland or Working Farmland Tex Abatement Use Value Appraisal Programs)? ❑ Yes ® No IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N end O BELOW. Exemption #2 TOTAL _ PRICE PAID FOR B PRICE PAID FOR -0 PRICE PAID $ PERSONAL PROPERTY S REAL PROPERTY $ IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE ENTER FAIR MARKET VALUE ON LINE 0 AND DESCRIBE THE CIRCUMSTANCES: -e- TAX DUE: Enter amount from rate schedule on reverse olds. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS ! -0 • DATE SELLER ACQUIRED 10128163 - IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET #1 &#15 CONTINUE ON REVERSE SIDE THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN/cnY ACKNOWLEDGEMENT TOWN NUMBER DATE OF RECORD - RETURN RECEIVED (INCLUDING CERTIFICATES AND, BOOK NUMBER PAGE NO. SE+ IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) LISTED VALUE $ GRAND LIST OF 19 AND TAX PAID. `, ,,`� PARCEL ID OR MAP NO. SIGNED ��?LERK GRAND LIST CATEGORY DATE _ " 1 1 77- - . Form PT-1 (12/92) RATE SCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructbns)._..„._._.»._._...._...„................„.„._ 1, a. S -0- b. Value of property enrolled In current use program.._......._._...._._._._.».„.»....»....»...._.......».,..»._._.» ..................._...._.„.»._ b. $ —0- c. value of qualified working farn....................„.»....»._._......._._._._._................................................................................. $ _ 0_ d. Add Unes 1(a), (b) and (e).»._._.............».............».„.......»._._._._._._.„...._.».»....»._._.„.»...._._.„...._.».„......................„....... d. S —0— e. Tax rate ..»............................................................................»......._..........».............»...................»..........»....................................._ e. f. Tax due on Special Rate Property: Multiply Line 1(d) by Una 1(a) 2. Tax on General Rate Property: a. Enter amount from Una O on front of return.„ ............. a.-0— b. Enter amount from Una 1(d) of Rate Schedule above ....... ............ ».... _........................................ „.... »....................................... b. $ —0— c. Subtract Line 2(b) from Una 2(a)......................................... _............. _.......... .................................. ............................................ c. $ —0— d. Tax rate .................... ...._._.»..........................................................»............................................................................................. d. e. Tax due on General Raft Property. Multiply Line 2(c) by Una 2(d)............................................. ...... »....... ................................ e. $ —0- 3. Total Tax Due: AddLinea 1(f) and 2(s) and enter here and on Una P on front of return................................................................................... 3. $ —0— FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That the have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, If any, affecting the property. B. That the seller(*) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly, the use of the property. C. That this transfer Is In compliance with or Is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property Is the subject of Subdlvlsion Permit No. and is In compliance with said permit, or 2. This property and any retained parcel Is exempt from the subdivision regulations because (see Instructions for exemptions): a. Parcel to be sold: Exemption Number Number of acres b. Parcel retained: Exemption Number Number of acres Please contact the district office In your area to determine compliance with Act 250. (See map on page 26.) Seller(s) further certlfles as follows: D. That this transfer of r- pproperty and any development thereon Is In compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's land Use and Development Law (Act 250), for the following reason: 1. This property Is the subject of Act 250 Permit Na and Is In compliance with said permit, or 2. This property is exempt from Act 250 because: 01st exemption number from Instructions) E. That this transfer does/does not (strike one) result In a partition or division of land. Note: If It does, an Act 250 Disclosure Statement must be attached to this return before filling with the town clerk. WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont Income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer Is exempt from Income tax withholding for the following reason (check one): 0 1. Seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no, from the Commissioner of Taxes In advance of this sale. 3. Buyer(s) certifies that this Is a transfer without consideration. (See Instructions for Form REW-1.) ❑ 4. Seller(s) Is a mortgagor conveying the mortgaged property to a mortgagee In a foreclosure or transfer In lieu of foreclosure, with no additional consideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE SELLERS SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE WB City of South Burlington BY: / T e,pre rer 's n t making any certifications or fi.- a firmaionsBergeron, Paradis & Preparer's Signature Prepared by Fitz a tri ck, LLP 34 Pear Street, PO Box 174 ,-Essex Junction, VT 05453-0174 ,. Preparer's Address Buyer's Representative Tel. (Print or Type) 0 ERK'S OFFICE tP eceived 19 ft at _ m �8 _on pagejaZa Recorded In V .�—t--- Of 50. Burlingt n Land Records ') SEWAGE SERVICE AGREEMENT, WAIVER, AND EASEMENT Attest: Mar a�AP!card. City Clerk AGREEMENT, by and between William B. Wessel, hereinafter referred to as "Owner" and the City of South Burlington, a municipal corporation located in Chittenden County, Vermont, hereinafter referred to as the "City". STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON. VERMONT 05402-1507 W I T N E S S E T H: WHEREAS, the Owner, has received final subdivision approval from the City's Planning Commission for the creation of a four lot subdivision (the "Development") to be known as the "Summersweet Lane" development, as depicted on a final plat entitled "Four Lot Subdivision, Summersweet Development, William Wessel, Van Sicklen Road, South Burlington, Vermont", prepared by Vermont Land Surveyors, dated June 1��//222, 1998, last revised January 12, 1999 and recorded in Map Volume 7✓6 at Page 44 in the City of South Burlington Land Records (the "Plat"); and WHEREAS, the Development and the lots therein are to have access to and be benefitted by certain private sewer lines as shown on a utility plan entitled "William Wessel, Summersweet, Site Utility Plan, South Burlington, Vermont", prepared by Civil Engineering Associates, Inc., dated June, 1998, last revised October 13, 1998 and recorded in Map Volume 7✓3 at Page �_a in the City of South Burlington Land Records (the "Utility Plan"); and WHEREAS, the City has approved the development with the private sewage improvements thereon (the "Sewage Improvements") subject to certain conditions; and WHEREAS, the parties desire to record a confirmation of those conditions to the effect that by granting said approvals 1 'ITZEL, PAGE & LETCHER, P.C. TORNEYS AT LAW I BATTERY STREET P.O. BOX 1507 CLINGTON, VERMONT 06402-1607 and otherwise authorizing said project, the City has not assumed, but rather has specifically disavowed, any intention or obligation to repair or otherwise maintain said Sewage Improvements; NOW THEREFORE, in consideration of the final approval of the project by the City's Planning Commission and other good and valuable consideration, it is covenanted and agreed as follows: 1. Owner waives any right or claim he may have by virtue of the City's approval of said Sewage Improvements to request the City to accept the same as public improvements. 2. Owner will not at any time in the future change the location of said Sewage Improvements nor extend said Sewage Improvements without the prior approval of the City's Planning Commission. 3. Owner for himself and his heirs, executors, administrators, successors and assigns, hereby waives any right he may have or may hereafter acquire to seek repair or maintenance from the City with regard to said Sewage Improvements. 4. Owner, and his respective heirs, executors, administrators, successors and assigns shall construct, operate, repair, and maintain said Sewage Improvements at his own expense and keep the same in good order and repair. 5. In the event that the Owner, his heirs, executors, administrators, successors and assigns shall fail to repair or maintain said Sewage Improvements and it becomes necessary to make repairs or maintain the Sewage Improvements to protect the public health or welfare, the City may, but is under no N STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 obligation to do so, with 24-hour notice (if reasonable) to the Owner, make the needed repairs. The Owner, or his heirs, executors, administrators, successors and assigns shall advise the City Zoning Administrator, from time to time of the name, address, and telephone number of the person(s) designated by him, or his heirs, executors, administrators, successors and assigns to respond to the City relating to said Sewage Improvements. For purposes hereof the City shall have sole discretion, reasonably exercised, to determine w`ien repairs are required to protect the public health and welfare and what repairs and/or maintenance are required for such purposes. In the event that the city incurs any expenses in repairing and/or maintaining said Sewage Improvements, all of those expenses shall be assessed against the Owner, or his heirs, executors, administrators, successors and assigns. If the amounts so assessed are not paid in full within ninety (90) days from the date of the assessment, such amounts shall then be assessed as a lien, on a proportional basis, against each of the lots served by the system requiring such repairs, as shown on said Utility Plan, and the City may recover such amounts in the same manner as it may recover real property taxes assessed against the said lots. 6. Owner hereby grants the City an easement and right to enter upon the Development property for the purposes of maintaining and making repairs to the Sewage Improvements as provided above. 7. Nothing contained in this Agreement shall be construed as obligating the Owner to dedicate said Sewage Improvements as public sewage improvements, and similarly, nothing contained in 91 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 RATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 this Agreement shall be construed as obligating the City to accept any such proffered dedication. 8. This Agreement may only be amended or revoked upon written consent and approval by the City. 9. This Agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of—�Lt1—a t , _ I 1999. IN THE PRESENCE OF: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At _3, in 1999, William B. acknow dged this instrument, his free act and deed. IN TeHE PRESENCE OF: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. - -4 �//Z-: 2 5 � Terflliafn B. We se said County, this C::;''- \day of Wessel personally appeared and he by him sealed and subscribed, to be ,f Before me, otary Public My Commission Expires: P-%o ( 3 CITY OF SOUTH BURLINGT By: qk—' Its Duly A thorized Agent At qouth Burlington, Vermont, in said County, this day of , 1999, ChA&ks HAkcK , the Duly Authorized Agent of the CITY OF SOUTH BURLINGTON personally appeared and (he/s')�a) acknowledged this instrument, by (him/h$k) sealed and subscribed, to be (his/her) free act and deed as such Duly Authorized Agent and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me, 4 Notary Publi My Commission Expires: D2.10_ 3 son I d4.rea M CITY CLERK'S OF ik, �� Received 19� at Recorded in Vol. on pa9E I�• 7( Of So. Burlington Land Reccoorrds Attest: AGE AND WAIVER Margaret A. Picar , City Clerk AGREEMENT by and between William B. Wessel, hereinafter referred to as "Owner" and the City of South Burlington, hereinafter referred to as "City" WITNESSETH: i>;ruvD� A c• T 1 >, a 1 t,A' • t F +I— !'.+—,� , EE.',L r'XS, DeVc1oper has rcce vcU llnal sub41Vlslon approval LlV.. uLe Oily a Planning Commission for the construction and development of a four (4) lot subdivision to be known as the "Summersweet Lane" development, as depicted on a final plat entitled, "Four Lot Subdivision, Summersweet Development, William Wessel, Van Sicklen Road, South Burlington, Vermont", prepared by Vermont Land Surveyors, dated June 12, 1998, last revised January 12, 1999, and recorded at Map Book �(-; C>, Page of the City of South Burlington Land Records; and WHEREAS, the subdivision will be serviced by a private roadway as depicted on the final plat; and WHEREAS, the City has approved the final subdivision application with said private roadway subject to certain conditions; and WHEREAS the parties desire to record a confirmation of said conditions to the effect that by granting said approval and otherwise authorizing said project, the City has not assumed, but rather has specifically disavowed any intention or obligation to plow, repair, or otherwise maintain said roadway or to accept the same as a public street. NOW, THEREFORE, in consideration of the final approval of the City's Planning Commission and other good and valuable consideration, it is covenanted and agreed as follows: LAW OFFICES BERGERO , PARADIS Page 1 FITZPATRICK 1. The Owner will not apply to the City to have said roadway accepted as a public street without first complying with all applicable construction requirements and specifications set forth in the then existing zoning regulations, subdivision regulations or other applicable ordinances and by-laws of the City, the expenses of complying with said requirements and snecifcations to he home solely by the Cl � >, � i ) J v V Ytll\.•1, ALL JUL L J, successors or assigns. 2. The Owner waives any rights he may have or claim by virtue of the City's approval of said roadway to request the City to accept the same as a public street. 3. The Owner will not in the future change the location of said roadway nor extend said roadway without the prior approval of the City's Planning Commission, nor shall it permit said roadway to serve more than four (4) dwelling units without prior approval of the City's Planning Commission. 4. The Owner, for himself and his heirs, successors and assigns, hereby waives r any rights he, or any of them, now have or may hereafter acquire to seek plowing, repair or maintenance from the City with regard to said roadway. S. The Owner, his heirs, successors and assigns, shall plow, repair and maintain said roadway or roadways at their own expense and keep the same in good order and repair. 6. Nothing contained in this agreement shall be construed as obligating the Owner to dedicate said roadway as a public street, and, similarly, nothing contained in this agreement shall be construed as obligating the City to accept any such proffered dedication. 7. This agreement may only be amended or revoked upon written consent and approval by the City. LAW OFFICES BERGERON. PARADIS page 2 FITZPATRICK 8. This agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators, successors and assigns. DATED this ,� day of IN TEE PRESENCE OF: LKh /' .z�a Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. At personally appeared William B. signed and sealed, to be his free ct 1999. OWNER: WILLIAM B. WESSEL Vermont, this o` J' n day of w 1999 Wessel and he acknowledged this instru nt, by him act and deed. Before me, Not6ry Public DATED this day of 1999. IN ENCE OF: CITY OF SOUTH BURLINGTON 410 L�r� � �1_ BY: to s Duly Authorized Ag6nt STATE OF VERMONT CHITTENDEN COUNTY, SS. - At S-Kilx &^V ov , Vermont, this a! day of V�I 1999, personally appeared Chaoje-, 1445-fa& , duly authorized agent of the City of South Burlington and he/slk acknowledged this instrument, by him/h6r signed and sealed, to be his/* free act and deed and the free act and deed of the City of South Burlington. Before me, Notary Public RLB/R]-99/WESSEL.A&W G LAW OFFICES BERGERON, PARADIS Page 3 FITZPATRICK STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICEI7DD) STEVEN F. STITZEL FAX (802) 660-2552 OF COUNSEL PATTI R. PAGE* E-MAIL(FIRM2555Cn AOL.COM) ARTHUR W. CERNOSIA ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE (-ALSO ADMITTED IN N.Y.) FPbruary 23. 1999 Vincent A. Paradis, Esq. Bergeron, Paradis & Fitzpatrick PO Box 174 Essex Junction, VT 05453-0174 Re: Summersweet Development - South Burlington, Vermont Dear Vince: Thank you for the revised legal documents for the above - captioned matter. I am returning (1) the original Easement Deed and Property Transfer Tax Return; (2) Sewage Service Agreement, Waiver and Easement; and (3) Roadway Agreement and Waiver. Since Mr. Wessel will need to sign the Easement Deed as well as the other enclosed documents, and you will need to sign the Vermont Property Transfer Tax Return, it seemed to make sense to have you and your client execute the documents prior to delivery to the City. In addition, I noted two minor typographical errors in the Easement Deed. First, on Page 2 of the deed (fifth full paragraph/fifth line) "n" should be "on." Second, please note that any reference to "Grantee, its heirs and assigns" should be "Grantee, its successors and assigns." Once these minor changes are made and the documents are executed you can return them to this office and I will see to it that they are executed by a duly authorized agent of the City of South Burlington and recorded in the land records. In the alternative, you may deliver them directly to the South Burlington City Offices, C/O Ray Belair, with a copy to my office. Please give me a call if you have any questions. Thank you. Sincerely, Timothy M. Eustace THE/jp Enclosures cc: Ray Belair Son3917.cor STITZEL, PAGE & FLETCHER P.C. A170UNLYS AT LAW 171 BAIT 1RY STREUT P.I1. ROX 1507 11URIAM;TON, VERMONT (15102-1507 SEWAGE SERVICE AGREEMENT, WAIVER, AND EASEMENT AGREEMENT, by and between William B. Wessel, hereinafter referred to as "Owner" and the City of South Burlington, a municipal corporation located in Chittenden County, Vermont, hereinafter referred to as the ',",City W I T N E S S E T H: WHEREAS, the Owner, has received final subdivision approval from the City's Planning Commission for the creation of a four lot subdivision (the "Development") to be known as the "Summersweet Lane" development, as depicted on a final plat entitled "Four Lot Subdivision, Summersweet Development, William Wessel, Van Sicklen Road, South Burlington, Vermont", prepared by Vermont Land Surveyors, dated June 12, 1998, last revised January 12, 1999 and recorded in Map Volume at Page in the City of South Burlington Land Records (the "Plat"); and WHEREAS, the Development and the lots therein are to have access to and be benefitted by certain private sewer lines as shown on a utility plan entitled "William Wessel, Summersweet, Site Utility Plan, South Burlington, Vermont", prepared by Civil Engineering Associates, Inc., dated June, 1998, last revised October 13, 1998 and recorded in Map Volume at Page in the City of South Burlington Land Records (the "Utility Plan"); and WHEREAS, the City has approved the development with the private sewage improvements thereon (the "Sewage Improvements") subject to certain conditions; and WHEREAS, the parties desire to record a confirmation of those conditions to the effect that by granting said approvals 1 ST1TZEL, PAGE, & i;%wrcIIER, P.C. A1701ttaEYS AT LAW 171 ItArwitY S'I'ILI•; P.O. BOX 1507 BURLING TON. VFRMONT 05402-IG07 and otherwise authorizing said project, the City has not assumed, but rather has specifically disavowed, any intention or obligation to repair or otherwise maintain said Sewage Improvements; NOW THEREFORE, in consideration of the final approval of the project by the City's Planning Commission and other good and valuable consideration, it is covenanted and agreed as follows: 1. Owner waives any right or claim he may have by virtue of. the City's approval of said Sewage Improvements to request thel City to accept the same as public improvements. 2. Owner will not at any time in the future change the location of said Sewage Improvements nor extend said Sewage Improvements without the prior approval of the City's Planning Commission. 3. Owner for himself and his heirs, executors, administrators, successors and assigns, hereby waives any right he may have or may hereafter acquire to seek repair or maintenance from the City with regard to said Sewage Improvements. 4. Owner, and his respective heirs, executors, administrators, successors and assigns shall construct, operate, repair, and maintain said Sewage Improvements at his own expense and keep the same in good order and repair. 5. In the event that the Owner, his heirs, executors, administrators, successors and assigns shall fail to repair or maintain said Sewage Improvements and it becomes necessary to make repairs or maintain the Sewage Improvements to protect the public health or welfare, the City may, but is under no 2 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 RAWERY STREET P.O. BOX 1507 1WRI.INGTON, VERMONT 05102-1507 obligation to do so, with 24-hour notice (if reasonable) to the Owner, make the needed repairs. The Owner, or his heirs, executors, administrators, successors and assigns shall advise the City Zoning Administrator, from time to time of the name, address, and telephone number of the person(s) designated by him, or his heirs, executors, administrators, successors and assigns to respond to the City relating to said Sewage Improvements. For purposes hereof the City shall have sole discretion, reasonably exercised, to determine when repairs are required to protect the public health and welfare and what repairs and/or maintenance are required for such purposes. In the event that the city incurs any expenses in repairing and/or maintaining said Sewage Improvements, all of those expenses shall be assessed against the Owner, or his heirs, executors, administrators, successors and assigns. If the amounts so assessed are not paid in full within ninety (90) days from the date of the assessment, such amounts shall then be assessed as a lien, on a proportional basis, against each of the lots served by the system requiring such repairs, as shown on said Utility Plan, and the City may recover such amounts in the same manner as it may recover real property taxes assessed against the said lots. 6. Owner hereby grants the City an easement and right to enter upon the Development property for the purposes of maintaining and making repairs to the Sewage Improvements as provided above. 7. Nothing contained in this Agreement shall be construed as obligating the Owner to dedicate said Sewage Improvements as public sewage improvements, and similarly, nothing contained in 3 STITZEL, PAGE & FLETCHER, P.C. X170RNEYS A,r LAW 171 IIArn,"i1Y si'iw T P.O. BOX I1,07 RIIRLINwroN, VERMONT 0fi102-IE07 this Agreement shall be construed as obligating the City to accept any such proffered dedication. 8. This Agreement may only be amended or revoked upon written consent and approval by the City. 9. This Agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of IN THE PRESENCE OF: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. 1999. William B. Wessel At South Burlington, in said County, this _ day of , 1999, William B. Wessel personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. IN THE PRESENCE OF: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Before me, Notary Public My Commission Expires: CITY OF SOUTH BURLINGTON By: Its Duly Authorized Agent At South Burlington, Vermont, in said County, this day of , 1999, , the Duly Authorized Agent of the CITY OF SOUTH BURLINGTON personally appeared and (he/she) acknowledged this instrument, by (him/her) sealed and subscribed, to be (his/her) free act and deed as such Duly Authorized Agent and the free act and deed of the CITY OF SOUTH BURLINGTON. SOLI 144.rea Before me, Notary Public My Commission Expires: 4 EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, That WILLIAM B. WESSEL of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR (whether singular or otherwise, hereinafter referred to as "Grantor"), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by CITY OF SOUTH i—`R j'TN' �T%0N c Sount. U„ r *�„ in µhe rani, i of Chittenden and State of Vermont, mu K�,IL\Vl VL\ Vl JVUUl Lurhngto—n., J GRANTEE (whether singular or otherwise, hereinafter referred to as "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, CTTY OF SOUTH BURLINGTON, a Vermont municipal corporation, and Grantee's heirs and assigns forever, an easement and right of way over and across a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being casements and rights of way, in common with the Grantor herein, his heirs and assigns, over and across portions of the "Summcrsweet Lane" development located northerly of Van Sicklen Road in the City of South Burlington. Said casements and rights of way are more particularly described as follows: 1. An easement and right of way over a strip of land thirty feet (30') in width for a water line and a 4" sanitary sewer force main; which said strip of land commences at the northerly side of Van Sicklen Road and continues in a northerly direction across Lots 3 and 4 of the Summersweet Lane development to the southerly boundary of lands or premises now or formerly of Mark & Marsha Abrams. The exact location of said casement is shown and depicted as "30 FT Wide Utility Easement Centered on Pipes, for the City of South Burlington" on a plan entitled "Four Lot Subdivision, Summcrsweet Development, William Wessel, Van Sicklcn Road, South Burlington, Vermont," prepared by Vermont Land Surveyors, dated June 12, 1998, last revised January 12, 1999, and recorded in Map Volume at Page in the City of South Burlington Land Records (the "Plan"). This right of way casement shall act as a bill of sale and hereby conveys that eight inch (8") water main and four inch (4") sewer force mun, including manholes, fixtures, fittings and appurtenances located on, under and through the easement herein conveyed which extends from the northerly sideline of the Van Sicklen Road right of way to the northerly boundary of Lot 4 as shown on a utility plan entitled "William Wessel, Summersweet, Site Utility Plan, South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., dated June, 1998, last revised October 13, 1998, and recorded in Map Volume , at Page , in the City of South Burlington Land Records (the "Utility Plan"). Thus bill of sale does not include those four (4) two inch (2") sewer force main pipes serving the individual lots, as shown on said Utility Plan. 2. An easement and right of way over a strip of land twenty five feet (25') in width for an eight inch (8") water line and fire hydrant and a two inch (2") water line serving Lots 1 and 2 depicted as "25 FT Water Line Easement to the City of So. Burl. Across Lots 1 & 4" on said Plan. LAW OFFICES BERGERON, PARADIS Said water line easement and right of way begins at the westerly edge of the aforementioned thirty FITZPATRICK foot (30') wide utility easement in the southwesterly portion of Lot 4 and proceeds in a westerly direction to the northerly sideline of the Sununcrsweet Lane right of way, thence proceeding in a westerly and southwesterly direction in and along the northerly portion of the Summerswect Lane right of way to its terminus at the northerly sideline of Lot 2 as shown on said Plan. Said twenty five foot wide easement shall be centered on the eight inch water line and two inch water line "as built". This right of way easement shall act as a bill of sale and hereby conveys any water pipe lines, fire hydrants, fixtures, fittings and appurtenances located on, under and through the casement herein conveyed. Included in this easement is the right to enter on the easement areas and that sixty foot (60' ) roadway as shown on the aforesaid plan for the purposes of constructing, maintaining, repairing or replacing any of the above rights granted; provided, however, that the said rights must be exercised in a careful and diligent manner and any damage to any property of the Grantor caused by the Grantee, it successors and assigns, shall be repaired and Grantee shall promptly restore the ground to its original condition as soon as practicable after any excavation on Grantor's land Grantor, his heirs and assigns, hereby covenants that he will not erect or permit any building or other structures, change the grade, fill or excavate within the aforesaid strips of land which might interfere with the proper operation and maintenance of Grantee's water line and sewer force main facilities. The Grantor, for himself and his heirs and assigns, specifically reserves the right to pave and install curbing, drainage facilities, lighting and landscaping, and otherwise prepare the surface of said strips for use as a road and driveways, and to allow the passage of pedestrians and vehicles over said strips. Grantor, for himself and his heirs and assigns, further reserves the right to lay, install, construct, reconstruct, operate, maintain, repair, replace and remove underground sewer force mains to serve the individuals lots, as well as cables, lines, pads, conduits, fixtures and appurtenances for the transmission of high and low voltage electric current and for telephone use within said strips, in the location shown n the aforesaid utility plan; provided, however, that any laying, installation, construction, reconstruction, replacement and removal of such private sewer force mains or electric and telephone cables, lines and equipment within said strips by Grantor or his heirs and assigns after the date of this deed shall be initiated and undertaken only with the advance written consent of Grantee or its successors and assigns, which consent shall not be unreasonably withheld if the contemplated work and use of said strips thereafter will not unreasonably interfere with the Grantee's use of said strips; and provided further that Grantor and his successors and assigns shall indemnify, defend and hold harmless Grantee for all costs, liability, damage and expense, including but not limited to reasonable attorney's fees, caused by or resulting from the actions or inactions of the agents, employees, contractors and subcontractors of Grantor and his heirs and assigns in undertaking any such work in or about said strips, and Grantor and his successors and assigns shall properly repair any damage to the property of Grantee caused by or resulting from the exercise of such reserved rights. The herein conveyed easements arc located on a portion of the lands and premises conveyed to William B. Wessel by Order of Confirmation in the matter of Chittenden Trust Company v. Smart Associates and John Dwyer and William B. Wessel; Chittenden Superior Court Docket No. S1057- 82CnC, dated October 28, 1983, of record at Volume 409, Pages 136-138, of the City of South LAW OFFICES BERGERON, PARADIs Burlington Land Records. FITZPATRICK 2 Reference is hereby made to the above -mentioned deeds, the records thereof and to the deeds and records therein contained, all in further aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, a Vermont municipal corporation, and Grantee's heirs and assigns, to Grantee's own use and behoof forever; And the said Grantor, WILLIAM B. WESSEL, for Grantor and Grantor's heirs, executors and administrators, does covenant with the said Grantee, and Grantee's heirs and assigns, that until the ensealing of these presents Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and except for all easements, rights of way and other rights as may appear of record, provided that such exception shall not reinstate any such rights or encumbrances previously extinguished by Title 27 Vermont Statutes Annotated, Chapter 5, Subchapter 7; and Grantor hereby engages to WARRANT AND DEFEND the salve against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and acknowledged this day of IN THE PRESENCE OF STATE OF VERMONT CHITTENDEN COUNTY, SS A.D. 1999. William B. Wessel At this day of A.D. 1999, Grantor, WILLIAM B. AVESSEL, personally appeared and acknowledged this instrument, by said Grantor sealed and subscribed to be said Grantor's free act and deed. RL13/R1-99/ WESSEL. ED. WPD LAW OFFICES BERGERON, PARADIS FITZPATRICK Notary Public 3 VERMONT PROPERTY TRANSFER i AX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) ' SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. William B. Wessel 70 Highland Terrace, So. Burlington, VT - BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. City of South Burlington Dorset Street, So. Burlington., VT PROPERTY LOCATION (Address In full) DATE OF CLOSING Easements - Sumrnersweet Lane development INTEREST IN PROPERTY 1. ❑FEE SIMPLE 3. ❑UNDIVIDED 1/2INTEREST 5. ❑ TIME-SHARE ESTATE 7. EASEMENT 2. El LIFE ESTATE 4. ElUNDIVIDED_% INTEREST 6. ❑ LEASE 8. El OTHER FRONTAGE AND DEPTH c TOTAL ACREAGE BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. 0 NONE 5. ❑ BARN 90STORE DWELLING UNITS �-1 2. ❑ FACTORY S. ❑ MULTI -FAMILY WITH _ ( INSERT ) TRANSFERRED 100 OTHER 3. El SINGLE FAMILY DWELLING 7. ❑ MOBILE HOME NUMBER DEscRlee 4. ❑ CAMPNACATION HOME 8. ❑ CONDOMINIUM WITH _ ( INSERT ) UNITS TRANSFERRED NUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED D RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP/VACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. OTHER easement DESCRIBE o[EZ°RIEC 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ INDUSTRIAL DESCRIBE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. [-1PRIMARYRESIDENCE 3. ❑ CAMP/VACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. ElDeacRlBOTHER easement DescRlae 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENTUSES. ❑ INDUSTRIAL - DESCRIBE IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland or Working Farmland Tax Abatement Use Value Appralsal Programs)? ❑ Yes ® No IF TRANSFER 15 EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N and 0 BELOW. Exemption #2 TOTAL JU PRICE PAID FOR s PRICE PAID FOR PRICE PAID $ -0-PERSONAL PROPERTY $ REAL PROPERTY $ IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE ENTER FAIR MARKET VALUE ON LINE 0 AND DESCRIBE THE CIRCUMSTANCES: s TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS S -� • DATE SELLER ACQUIRED 10128/83 #I &#I S IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET CONTINUE ON REVERSE SIDE TOWN/CITY DATE OF RECORD _ BOOK NUMBER LISTED VALUE $ PARCEL ID OR MAP NO. GRAND LIST CATEGORY THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK I _ PAGE NO._ GRAND LIST OF 19 ACKNOWLEDGEMENT TOWN NUMBER RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. SIGNED CLERK DATE Form PT-1 (12/92) RATE SCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) .............„.......... -0 b. Value of property enrolled in current use program .............. ....... ..................... b. $ —0- c. Value of quallfled working farm ........................................... .... ...... ...._....... ........................... _.... ...... ................................... _ c. $ —n- d. Add Lines 1(a), (b) and(c)...................................... ............. _._....... _.......... ..................... ......... »........................................ ......... .. d. $ —0- e. Tax rate................................................................................_............................................................................................................ e. f. Tax due on Special Sets Property: Multiply Line 1(d) by Una 1(a)............................................................................................ I. $ —0- 2. Tax on General Rate Property: a. Enter amount from Line O on front of return._ .......... ...... _._................... ......... _...................... ».......... ......................................... 2. a. $ —0- b. Enter amount from Line 1(d) of Rate Schedule above.........................................................................»....................................... b. $ —0— c. Subtract Line 2(b) from Line 2(s).................................................................................................................................................... C. $ —0— d. Tax rats.............................................................................................................................................................................................. d. e. Tax due on General Rats Property: Multiply Line 2(c) by Line 2(d)............................................................................................ e. S —0- 3. Total Tax Due: Add Lines 1(1) and 2(s) and enter here and on Une P on front of return................................................................................... 3. $ —0- FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES 0.005 Buyer(s) and Sellers) certify as follows: A. That tht( have Investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, If any, affecting the property. B. That the seller(s) advised the buyers) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit signif(cantiy the use oT the property. C. That this transfer is In compliance with or Is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property Is the subject of Subdivision Permit No. and is In compliance with sold permit, or 2. This property and any retained parcel Is exempt from the subdivision regulations because (see Instructions for exemptions): a. Parcel to be sold: Exemption Number Number of acres b. Parcel retained: Exemption Number Number of acres Please contact the district office In your area to determine compliance with Act 250. (See map on page 26.) Sellars) further certifies as follows: D. That this transfer of real property and any development thereon Is In compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act ), for the following reason: 1. This property Is the subject of Act 250 Permit No. and Is In compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from Instructions) E. That this transfer does/does not (strike one) result In a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk. WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont Income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer Is exempt from Income tax withholding for the following reason (check one): 1. Seller(s) certifies that at that time of transfer, each seller was a resident of Vermont Oran estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale. 3. Buyer(s) certifies that this Is a transfer without consideration. (See Instructions for Form REW-1.) ❑ 4. Seller(a) is a mortgagor conveying the mortgaged property to a mortgagee In a foreclosure or transfer In Ileu of foreclosure, with no addltiona(consideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE WBW: City of South Burlington _ BY: Bergeron, Paradis & Preparer'sSlpnaturs Prepared ny. Fitzpatrick 34 Pearl Street, PO Box 174 Essex Junction, VT 054-53-0174 Preparer's Address Buyer's Representative Tel. (Print or Type) Keep a copy of this return for your records. AGREEMENT AND WAIVER AGREEMENT by and between William B. Wessel, hereinafter referred to as "Owner" and the City of South Burlington, hereinafter referred to as "City". WITNESSETH: WHEREAS, Developer has received final subdivision approval from the City's Planning Commission for the construction and development of a four (4) lot subdivision to be known as the "Summersweet Lane" development, as depicted on a final plat entitled, "Four Lot Subdivision, Summersweet Development, William Wessel, Van Sicklen Road, South Burlington, Vermont", prepared by Vermont Land Surveyors, dated June 12, 1998, last revised January 12, 1999, and recorded at Map Book , Page , of the City of South Burlington Land Records; and WHEREAS, the subdivision will be serviced by a private roadway as depicted on the final plat; and WHEREAS, the City has approved the final subdivision application with said private roadway subject to certain conditions; and WHEREAS the parties desire to record a confirmation of said conditions to the effect that by granting said approval and otherwise authorizing said project, the City has not assumed, but rather has specifically disavowed any intention or obligation to plow, repair, or otherwise maintain said roadway or to accept the same as a public street. NOW, THEREFORE, in consideration of the final approval of the City's Planning Commission and other good and valuable consideration, it is covenanted and agreed as follows: LAW OFFICES BERGERON. PARADIS Page 1 8. FITZPATRICK 1. The Owner will not apply to the City to have said roadway accepted as a public street without first complying with all applicable construction requirements and specifications set forth in the then existing zoning regulations, subdivision regulations or other applicable ordinances and by-laws of the City, the expenses of complying with said requirements and specifications to be borne solely by the Owner, his heirs, successors or assigns. 2. The Owner waives any rights he may have or claim by virtue of the City's approval of said roadway to request the City to accept the same as a public street. 3. The Owner will not in the future change the location of said roadway nor extend said roadway without the prior approval of the City's Planning Commission, nor shall it permit said roadway to serve more than four (4) dwelling units without prior approval of the City's Planning Commission. 4. The Owner, for himself and his heirs, successors and assigns, hereby waives any rights he, or any of them, now have or may hereafter acquire to seek plowing, repair or maintenance from the City with regard to said roadway. 5. The Owner, his heirs, successors and assigns, shall plow, repair and maintain said roadway or roadways at their own expense and keep the same in good order and repair. 6. Nothing contained in this agreement shall be construed as obligating the Owner to dedicate said roadway as a public street, and, similarly, nothing contained in this agreement shall be construed as obligating the City to accept any such proffered dedication. 7. This agreement may only be amended or revoked upon written consent and approval by the City. LAW OFFICES BERGERON. PARADIS page 2 8� FITZPATRICK 8. This agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators, successors and assigns. DATED this day of 1999. IN THE PRESENCE OF: OWNER: Witness WILLIAM B. WESSEL STATE OF VERMONT CHITTENDEN COUNTY, SS. At , Vermont, this day of , 1999, personally appeared William B. Wessel and he acknowledged this instrument, by him signed and sealed, to be his free act and deed. DATED this day of IN THE PRESENCE OF: Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public 1999. CITY OF SOUTH BURLINGTON BY: Duly Authorized Agent At , Vermont, this day of , 1.999, personally appeared , duly authorized agent of the City of South Burlington and he/she acknowledged this instrument, by him/her signed and sealed, to be his/her free act and deed and the free act and deed of the City of South Burlington. Before me, Notary Public RLB/R1-99/WESSEL. A&W LAW OFFICES BERGERON. PARADIS Page 3 FITZPATRICK STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL (802) 660-2555 FAX (802)( 60j 55F 2�D) PATTI R. PAGE* E-NIAIL(FIRM2555Cd�AOL.COM) ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTED IN NX J February 2, 1999 Vincent A. Paradis, Esq. Bergeron, Paradis & Fitzpatrick PO Box 174 Essex Junction, VT 05453-0174 Re: Summersweet Development - South Burlington, Vermont Dear Vince: OF COUNSEL ARTHUR W. CERNOSIA This office represents the City of South Burlington. Ray Belair provided me with a package of legal documents and a set of plans from your office in connection with the above -referenced development. After reviewing the documents and the plans, I offer you the following comments: Easement Deed 1. Paragraph 1 - Please insert the following language: "The exact location of said easement is shown and depicted as "30 FT Wide Utility Easement Centered on Pipes, for the City of South Burlington" on a plan entitled "Four Lot Subdivision, Summersweet Development, William Wessel, Van Sicklen Road, South Burlington, Vermont," prepared by Vermont Land Surveyors, dated June 12, 1998, last revised January 12, 1999 and recorded in Map Volume at Page in the City of South Burlington Land Records (the "Plan")." 2. Bill of Sale language - After Paragraph 1 please insert the following paragraph: "This right-of-way easement shall act as a bill of sale and hereby conveys that eight inch (811) water main and four inch (411) sewer force main, including manholes, fixtures, fittings and appurtenances located on, under and through the easement herein conveyed which extends from the northerly sideline of the Van Sicklen Road right-of-way to the northerly boundary of Lot 4 as shown on a utility plan entitled "William Wessel, Summersweet, Site Utility Plan, South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., dated June, 1998, last revised October 13, 1998 and recorded in Map Volume at Page in the City of South Burlington Land Records (the "Utility Plan"). This bill of sale does not include those four (4) two inch (211) sewer force main pipes serving the individual lots, as shown on said Utility Plan." Vincent A. Paradis, Esq. February 2, 1999 Page 2 3. Paragraph 2 - Please make the following changes: "An easement and right-of-way over a strip of land twenty-five feet (251) in width for an eight inch (811) water line and fire hydrant and a two inch (211) water line serving Lots 1 and 2 depicted as "25 FT Water Line Easement to the city of So. Burl. Across Lots 1 & 4" on said Plan. Said water line easement and right-of-way begins at the westerly edge of the aforementioned thirty foot (30') wide utility easement in the southwesterly portion of Lot 4 and proceeds in a westerly direction to the northerly sideline of the Summersweet Lane right-of-way, thence proceeding in a westerly and southwesterly direction in and along the northerly portion of the Summersweet Lane right-of-way to its terminus at the northerly sideline of Lot 2 as shown on said Plan. Said twenty-five foot wide easement shall be centered on the eight inch water line and two inch water line "as built." 4. Bill of sale language - Please add the following language after the previous paragraph: "This right-of-way easement shall act as a bill of sale and hereby conveys any water pipe lines, fire hydrants, fixtures, fittings and appurtenances located on, under and through the easement herein conveyed." 5. Since the City's Easements will share space with the private sewer force mains as well as electric and telephone lines, we will need to add language to the easement addressing this issue. I propose that the following language be inserted prior to the paragraph which begins with "The herein conveyed easements are located...": Grantor, his heirs and assigns, hereby covenants that he will not erect or permit any building or other structures, change the grade, fill or excavate within the aforesaid strips of land which, in the judgment of the Grantee, its successors and assigns, might interfere with the proper operation and maintenance of Grantee's water line and sewer force main facilities. The Grantor, for himself and his heirs and assigns, specifically reserves the right to pave and install curbing, drainage facilities, lighting and landscaping, and otherwise prepare the surface of said strips for use as a road and driveways, and to allow the passage of pedestrians and vehicles over said strips. Grantor, for himself and his heirs and assigns, further reserves the right to lay, install, construct, reconstruct, operate, maintain, repair, replace and remove underground sewer force mains to serve the individual lots, as well as cables, lines, pads, conduits, fixtures and appurtenances for the transmission of high and low voltage electric current and for telephone use within said strips, in the location shown on the aforesaid utility plan; provided, Vincent A. Paradis, Esq. February 2, 1999 Page 3 however, that any laying, installation, construction, reconstruction, replacement or removal of such private sewer force mains or electric and telephone cables, lines and equipment within said strips by Grantor or his heirs and assigns after the date of this deed shall be initiated and undertaken only with the advance written consent of Grantee or its successors and assigns, which consent shall not be unreasonable withheld if the contemplated work and use of said strips thereafter will not unreasonable interfere with the Grantee's use of said strips; and provided further that Grantors and their successors and assigns shall indemnify, defend and hold harmless Grantee from all costs, liability, damage and expense, including but not limited to reasonable attorney's fees, caused by or resulting from the actions or inactions of the agents, employees, contractors and subcontractors of Grantors and their successors and assigns in undertaking any such work in or about said strips, and Grantors and their successors and assigns shall properly repair any damage to the property of Grantees caused by or resulting from the exercise of such reserved rights. 6. Please note that the Warranty Deed for Lot 3 should refer to the bridge abutment easement dated January 5, 1998 and recorded in Volume 421, Page 55 of the South Burlington Land Records. 7. Finally, since the lots in this development will be served by private sewer force mains, the City will require a Sewage Service Agreement, Waiver and Easement. I attach a draft for your review. This document should also be referenced to in the Warranty Deeds for the lots. Moreover, the Easement Deed, Sewage Service Agreement, Waiver and Easement and the Private Roadway Agreement and Waiver should be recorded in Williston as well as South Burlington. Thank you for your consideration of these comments. Please give me a call if you have any questions or wish to discuss this matter further. Sincerely, Timothy M. Eustace THE/jp Enclosure cc: Ray Belair son3881.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW ]7I BATTERY STREET P.O. BOX 1507 BURLINGTON. VERMONT 05402 1507 SEWAGE SERVICE AGREEMENT, WAIVER, AND EASEMENT AGREEMENT, by and between William B. Wessel, hereinafter referred to as "Owner" and the City of South Burlington, a municipal corporation located in Chittenden County, Vermont, hereinafter referred to as the "City". W I T N E S S E T H: WHEREAS, the Owner, has received final subdivision approval from the City's Planning Commission for the creation of a four lot subdivision (the "Development") to be known as the "Summersweet Lane" development, as depicted on a final plat entitled "Four Lot Subdivision, Summersweet Development, William Wessel, Van Sicklen Road, South Burlington, Vermont", prepared by Vermont Land Surveyors, dated June 12, 1998, last revised January 12, 1999 and recorded in Map Volume at Page in the City of South Burlington Land Records (the "Plat"); and WHEREAS, the Development and the lots therein are to have access to and be benefitted by certain private sewer lines as shown on a utility plan entitled "William Wessel, Summersweet, Site Utility Plan, South Burlington, Vermont", prepared by Civil Engineering Associates, Inc., dated June, 1998, last revised October 13, 1998 and recorded in Map Volume at Page in the City of South Burlington Land Records (the "Utility Plan"); and WHEREAS, the City has approved the development with the private sewage improvements thereon (the "Sewage Improvements") subject to certain conditions; and WHEREAS, the parties desire to record a confirmation of those conditions to the effect that by granting said approvals STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT L.AW rI BATTERY STREET P.O. I3OX 1507 BURLINGTON. VERMONT Or,402-1507 and otherwise authorizing said project, the City has not assumed, but rather has specifically disavowed, any intention or obligation to repair or otherwise maintain said Sewage Improvements; NOW THEREFORE, in consideration of the final approval of thel project by the City's Planning Commission and other good and valuable consideration, it is covenanted and agreed as follows: 1. Owner waives any right or claim he may have by virtue of the City's approval of said Sewage Improvements to request thel City to accept the same as public improvements. 2. Owner will not at any time in the future change the location of said Sewage Improvements nor extend said Sewage Improvements without the prior approval of the City's Planning Commission. 3. Owner for himself and his heirs, executors, administrators, successors and assigns, hereby waives any right he may have or may hereafter acquire to seek repair or maintenance from the City with regard to said Sewage Improvements. 4. Owner, and his respective heirs, executors, administrators, successors and assigns shall construct, operate, repair, and maintain said Sewage Improvements at his own expense and keep the same in good order and repair. 5. In the event that the Owner, his heirs, executors, administrators, successors and assigns shall fail to repair or maintain said Sewage Improvements and it becomes necessary to make repairs or maintain the Sewage Improvements to protect the public health or welfare, the City may, but is under no 2 I obligation to do so, with 24-hour notice (if reasonable) to the Owner, make the needed repairs. The Owner, or his heirs, executors, administrators, successors and assigns shall advise the City Zoning Administrator, from time to time of the name, address, and telephone number of the person(s) designated by him, or his heirs, executors, administrators, successors and assigns to respond to the City relating to said Sewage Improvements. For. purposes hereof the City shall have sole discretion, reasonably exercised, to determine when repairs are required to protect the public health and welfare and what repairs and/or maintenance are required for such purposes. In the event that the city incurs any expenses in repairing and/or maintaining said Sewage Improvements, all of those expenses shall be assessed against the Owner, or his heirs, executors, administrators, successors and assigns. If the amounts so assessed are not paid in full within ninety (90) days from the date of the assessment, such amounts shall then be assessed as a lien, on a proportional basis, against each of the lots served by the system requiring such repairs, as shown on said Utility Plan, and the City may recover such amounts in the same manner as it may recover real property taxes assessed against the said lots. 6. Owner hereby grants the City an easement and right to enter upon the Development property for the purposes of maintaining and making repairs to the Sewage Improvements as provided above. 7. Nothing contained in this Agreement shall be construed STITZEL, PAGE & FLETCHER, P.C. as obligating the Owner to dedicate said Sewage Improvements as .ATTORNEYS AT LAW 171 BATTERY STREET public sewage improvements, and similarly, nothing contained in P.O. BOX 1507 RURLINGTON. VERMONT 054021507 1 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON. VERMONT 0,5402-1507 this Agreement shall be construed as obligating the City to accept any such proffered dedication. 8. This Agreement may only be amended or revoked upon written consent and approval by the City. 9. This Agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of IN THE PRESENCE OF: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. 1999. William B. Wessel At South Burlington, in said County, this day of 1999, William B. Wessel personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. IN THE PRESENCE OF: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Before me, Notary Public My Commission Expires: CITY OF SOUTH BURLINGTON By• Its Duly Authorized Agent At South Burlington, Vermont, in said County, this day of , 1999, , the Duly Authorized Agent of the CITY OF SOUTH BURLINGTON personally appeared and (he/she) acknowledged this instrument, by (him/her) sealed and subscribed, to be (his/her) free act and deed as such Duly Authorized Agent and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me, Notary Public My Commission Expires: sonl44.rea 4 PLANNING COMMISSION 18 AUGUST 1998 Compliance. 4. Pursuant to Section 26.256(b) of the Zoning Regulations, the Planning Commission grants a four space or 11.8% parking waiver. It is the Commission's opinion based on a parking count survey conducted by the applicant that 30 spaces will be adequate. 5. The plan shall be revised to show the changes below and shall require approval of the City Planner. Three copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to provide a bike rack as required under Section 26.253(b) of the zoning regulations. 6. The portion of the parking lot at the east end of the building which is not striped shall be striped prior to the issuance of a Certificate of Occupancy/Compliance. 7. The applicant shall obtain a zoning permit within six months Pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to increasing the number of children in the day care to 75. 9 Any change to the site plan shall require approval bV the South Burlington Planning Commission. Mr. Dinklage seconded. Motion passed unanimously. 5. Preliminary Plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road: Mr. O'Rourke stepped down during this application due to a conflict of interest. Mr. Boyle showed the lots on the plan. He said this is essentially the same plan as at sketch. A question had been raised about the flood plain. Mr. Boyle showed the location of the flood plain and said that all buildings are on higher ground. He also noted that the location of building lots and roads has been determined by wetland locations. Planting demarcations will be required to indicate to owners the limits of 3 PLANNING COMMISSION 18 AUGUST 1998 buildable areas. The applicant is asking to cluster street trees in order to preserve open spaces. Access has been aligned to work with the Duppstadt development. Water and sewer will also be extended to tie into the Duppstadt project. There was an issue of the location of the recreation path. The Rec Path Committee had suggested putting access between lots 3 & 4. The applicant did not think this was a good idea and showed what they feel to be a better location. Mr. Dinklage asked if there is a problem adding gravel to designate the path. Mr. Weith said no, but if the path were to be paved, a permit would have to be obtained to pave in a wetland. Members preferred not to run the path between the houses. Mr. Weith noted that zoning does not allow filling in the 100 year flood plan and showed where the applicant was proposing to do this. Mr. Boyle said this area is a man-made ditch which extends the flood plain. Members agreed to leave this issue to be determined by the City Planner. Mr. Weith also raised the question of placement of the house on lot #2. He felt it was within the 50' wetland buffer. Mr. Boyle noted it was originally proposed there because of the sewer line, but it can now be moved up higher. No other issues were raised. Ms Barone moved the Planning Commission approve the preliminary plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road, as depicted on an 11 page set of plans, page one entitled "Four Lot Subdivision Summersweet Development William Wessel Van Sicklen Road South Burlington, Vermont," prepared by Vermont Land Surveyors, dated June 12, 1998 with the following stipulations: 1 All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2 In accordance with Section 6.602 of the South Burlington Zoning Regulations, the Planning_ Commission approves the creation of lots 4 PLANNING COMMISSION 18 AUGUST 1998 for development upon land designated as "restricted area" on the Southeast Quadrant Official Zoning Map. It is the Commission's opinion that based on information submitted by the applicant the proposed development will not adversely affect wetlands on the Property. In addition, development will be kept out of the 100 year floodplain and a significant amount of open space is being preserved which will provide wildlife habitat and protect Muddy Brook. 3. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives the 850 foot cul-de-sac street length limit provided in Section 401.1(g) of the subdivision regulations and approves a length of 1300 feet. It is the Commission's opinion that the 1300 foot length will not result in unsafe or inefficient traffic conditions since only four homes are proposed_._ 4. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.1(i)(1)(a) of the sub- division regulations and allows the proposed roadway serving four lots to remain private. 5. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.1(k)(2) of the subdivision regulations and allows the private roadway width to be 20 feet. 6. In the event any additional units or lots are created within this development, the private road shall be upgraded to City standards and shall be dedicated to the City as a public street, including the reservation of a 60 foot wide r.o.w. connection to the property to the north. 7. The Planning Commission approves the encroachment of a nonconforming activity impacting approximately 0.63 acres of wetland and 2.45 acres of C.O. District/wetland buffer pursuant to Section 3.503 of the zoning regulations. It is the Commission's opinion based on a letter dated 5/1/98 from Arthur Gilman that the project will not affect adversely the attributes listed in Section 3.503(a)-(e) of the zoning regulations. 8. The Commission approves a sewer allocation of 2160 qpd (this includes the 20% reduction allowed by the State). The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The roadway serving this development shall be completed within ten years of final plat approval. The sewer allocation for any lots served by portions of the roadway which are not completed within this ten year time frame shall be lost unless reapproved by the Planning Commission. The applicant shall be required to pay the per gallon fee prior to PLANNING COMMISSION 18 AUGUST 1998 permit issuance. 9. No zoning permit shall be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 10 Prior to the start of road construction, the applicant shall post a $4973 landscape bond The bond shall remain in effect for three years to assure that the proposed landscaping has taken root and has a good chance of surviving. 11 The plans shall be revised prior to final plat submittal as follows: a) The plan (sheet 1) shall be revised to increase the size of the proposed maple and willow trees to a minimum of 2.5" caliper. b) The utility plan (sheet 2) shall be revised to provide fire hydrants in a quantity and in locations approved by the Fire Chief. c) The plans shall be revised to show the proposed house on lot #2 located entirely outside of the 50' wetland buffer. d) The plans (Sheets Cl and C4) shall be revised to show no filling within the 100 Vear floodplain unless the City Planner determines that the area proposed to be filled was man-made. 12. The applicant shall record a legal document approved bV the City Attorney which clearly states that the proposed road will be Privately owned and maintained by the homeowners unless additional dwelling units or lots are approved in which case the roadway shall be upgraded to city standard and become a public street. 13 The pumping station alarms shall be lights only. There shall be no horns used as shown on the plan. 14 The final plat application shall be submitted within 12 months. Mr. Beaudin seconded. Motion passed unanimously. 6. Sketch Plan application of the Heritage Automotive Group, Inc, to adjust the property line between two previously approve lots, 1580 and 1600 Shelburne Road: C1.)Y OF SOUTH BURLING X'ON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 26, 1999 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Pan Sicklen Road Dear Mr. Wessel: Enclosed is a copy of the August 18, 1998 Planning Commission meeting minutes and the Findings of Fact & Decision for the preliminary plat approval for the above referenced project approved on 8/18/98. If you have any questions, please give me a call. JSinerely, th, Directorg & Zoning JW/mcp Encls PLANNING COMMISSION 18 AUGUST 1998 Compliance. 4. Pursuant to Section 26.256(b) of the Zoning Regulations, the Planning Commission grants a four space or 11 8% parking waiver. It is the Commission's opinion based on a parking count survey conducted by the applicant that 30 spaces will be adequate. 5 The plan shall be revised to show the changes below and shall require approval of the City Planner. Three copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to provide a bike rack as required under Section 26.253(b) of the zoning regulations. 6 The portion of the parking lot at the east end of the building which is not striped shall be striped prior to the issuance of a Certificate of Occupancy/Compliance. 7 The applicant shall obtain a zoning permit within six months Pursuant to Section 27.302 of the zoning_ regulations or this approval is null and void. 8 The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to increasing the number of children in the day care to 75. 9 Any change to the site plan shall require approval bV the South Burlington Planning Commission. Mr. Dinklage seconded. Motion passed unanimously. 5. Preliminary Plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road: Mr. O'Rourke stepped down during this application due to a conflict of interest. Mr. Boyle showed the lots on the plan. He said this is essentially the same plan as at sketch. A question had been raised about the flood plain. Mr. Boyle showed the location of the flood plain and said that all buildings are on higher ground. He also noted that the location of building lots and roads has been determined by wetland locations. Planting demarcations will be required to indicate to owners the limits of r PLANNING COMMISSION 18 AUGUST 1998 buildable areas. The applicant is asking to cluster street trees in order to preserve open spaces. Access has been aligned to work with the Duppstadt development. Water and sewer will also be extended to tie into the Duppstadt project. There was an issue of the location of the recreation path. The Rec Path Committee had suggested putting access between lots 3 & 4. The applicant did not think this was a good idea and showed what they feel to be a better location. Mr. Dinklage asked if there is a problem adding gravel to designate the path. Mr. Weith said no, but if the path were to be paved, a permit would have to be obtained to pave in a wetland. Members preferred not to run the path between the houses. Mr. Weith noted that zoning does not allow filling in the 100 year flood plan and showed where the applicant was proposing to do this. Mr. Boyle said this area is a man-made ditch which extends the flood plain. Members agreed to leave this issue to be determined by the City Planner. Mr. Weith also raised the question of placement of the house on lot #2. He felt it was within the 50' wetland buffer. Mr. Boyle noted it was originally proposed there because of the sewer line, but it can now be moved up higher. No other issues were raised. Ms Barone moved the Planning Commission approve the preliminary plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road, as depicted on an 11 page set of plans, page one entitled "Four Lot Subdivision Summersweet Development William Wessel Van Sicklen Road South Burlington, Vermont," prepared by Vermont Land Surveyors, dated June 12, 1998 with the following stipulations: 1 All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2 In accordance with Section 6.602 of the South Burlington Zoning Regulations, the Planning Commission approves the creation of lots 4 PLANNING COMMISSION 18 AUGUST 1998 for development upon land designated as "restricted area" on the Southeast Quadrant Official Zoning Map. It is the Commission's opinion that based on information submitted by the applicant the proposed development will not adversely affect wetlands on the property. In addition, development will be kept out of the 100 year floodplain and a significant amount of open space is being preserved which will provide wildlife habitat and protect Muddy Brook. 3 Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives the 850 foot cul-de-sac street length limit provided in Section 401.1(g) of the subdivision regulations and approves a length of 1300 feet. It is the Commission's opinion that the 1300 foot length will not result in unsafe or inefficient traffic conditions since only four homes are proposed. 4 Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.1(i)(1)(a) of the sub- division regulations and allows the proposed roadway serving four lots to remain private. 5. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.1(k)(2) of the subdivision regulations and allows the private roadway width to be 20 feet. 6 In the event any additional units or lots are created within this development, the private road shall be upgraded to City standards and shall be dedicated to the City as a public street, including the reservation of a 60 foot wide r.o.w. connection to the property to the north. 7 The Planning Commission approves the encroachment of a nonconforming activity impacting approximately 0.63 acres of wetland and 2.45 acres of C.O. District/wetland buffer pursuant to Section 3.503 of the zoning regulations It is the Commission's opinion based on a letter dated 5/1/98 from Arthur Gilman that the project will not affect adversely the attributes listed in Section 3.503(a)-(e) of the zoning regulations. 8 The Commission approves a sewer allocation of 2160 gpd (this includes the 20% reduction allowed by the State). The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The roadway serving this development shall be completed within ten years of final plat approval The sewer allocation for any lots served by portions of the roadway which are not completed within this ten year time frame shall be lost unless reapproved by the Planning Commission. The applicant shall be required to pay the per gallon fee pridr to PLANNING COMMISSION 18 AUGUST 1998 permit issuance. 9 No zoning permit shall be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 10 Prior to the start of road construction, the applicant shall post a $4973 landscape bond The bond shall remain in effect for three years to assure that the proposed landscaping has taken root and has a good chance of surviving. 11 The plans shall be revised prior to final plat submittal as follows• a) The plan (sheet 1) shall be revised to increase the size of the proposed maple and willow trees to a minimum of 2.5" caliper. b) The utility plan (sheet 2) shall be revised to provide fire hydrants in a quantity and in locations approved by the Fire Chief. c) The plans shall be revised to show the proposed house on lot #2 located entirely outside of the 50' wetland buffer. d) The plans (Sheets Cl and C4) shall be revised to show no filling within the 100 year floodplain unless the City Planner determines that the area proposed to be filled was man-made. 12. The applicant shall record _a legal document approved by the City Attorney which clearly states that the proposed road will be privately owned and maintained by the homeowners unless additional dwelling units or lots are approved in which case the roadway shall be upgraded to city standard and become a public street. 13 The pumping station alarms shall be lights only. There shall be no horns used as shown on the plan. 14 The final plat application shall be submitted within 12 months. Mr. Beaudin seconded Motion passed unanimously. 6. Sketch Plan application of the Heritage Automotive Group, Inc, to adjust the property line between two previously approve lots, 1580 and 1600 Shelburne Road: PLANNING COMMISSION 13 OCTOBER 1998 The Chair asked if there was anyone on the Commission or in the audience who wished to comment on these actions. No comments were offered. 4. PUBLIC HEARING: Final Plat Application of William Wessel to sub- divide a 48.79 acre parcel (42.39 acres in South Burlington) into four lots of 5.49 acres, 5.10 acres, 12.73 acres and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road: Mr. Marshall showed the location on the map. The subdivision includes development of a private road to serve the four lots. The property is severely restricted by surrounding wetlands. Mr. Marshall noted that since preliminary plat a few buildings have been relocated to get them further from the wetlands. There have also been technical changes mostly regarding sewer. Mr. Weith said he had looked at the site to assess encroachment into the 100 year flood plain. The visit was inconclusive. The applicant has agreed not to do any filling in the flood plain. No other issues were raised. Mr. Farley moved the Planning_ Commission approve the final plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four lots of 5.49 acres, 5.10 acres, 12.73 acres and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road, as depicted on an 11 page set of plans, page one entitled "Four Lot Subdivision Summersweet De- velopment William Wessel Van Sicklen Road South Burlington, Vermont," prepared by Vermont Land Surveyors, dated June 12, 1998, last revised 9/16/98, with the following stipulations: 1. All previous approvals and stipulations which are not superseded_ by this approval shall remain in effect. 2. In accordance with Section 6.602 of the Zoning Reaulation_s, the Planning Commission approves the creation of lots for development upon land designated as "restricted area" on the Southeast Quadrant Official Zoning Map. It is the Commission's opinion that based on the information submitted by the applicant that the proposed development will not adversely affect wetlands on the property. 3. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives the 850 foot cul-de-sac street length limit provided in Section 401.1(g) of the subdivision regulations and approves a length of 1300 feet It is the Commission's opinion 2 PLANNING COMMISSION 13 OCTOBER 1998 that the 1300 foot length will not result in unsafe or inefficient traffic conditions since only four homes are proposed. 4 Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.1(L (1)(a) of the sub- division regulations and allows the proposed roadway serving four lots to remain private. 5 Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401 1(k)(2) of the subdivision regulations and allows the private roadway width to be 20 feet. 6 In the event any additional dwelling units or lots are created within this development, the private road shall be upgraded to City standards and shall be dedicated to the City as a public street, including the reservation of a 60 foot wide r.o.w. connection to the property to the north. 7 The Planning Commission approves the encroachment of a nonconforming activity impacting approximately 0.63 acres of wetland and 2.45 acres of C.O. District/wetland buffer pursuant to Section 3.503 of the zoning_ regulations. It is the Commission's opinion based on a letter dated 5/1/98 from Arthur Gilman that the project will not affect adversely the attributes listed in Section 3 503(a)-(e) of the zoning regulations. 8 The Planning Commission approves a sewer allocation of 2160 qpd (this includes the 20% reduction allowed by the State). The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction The roadway serving this development shall be completed within ten years of final plat ap- proval The sewer allocation for any lots served by portions of the roadway which are not completed within this ten year time frame shall be lost unless reapproved by the Planning Commission. The applicant shall be required to pay the per gallon fee prior to permit issuance. 9 No zoning permit shall be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 10 Prior to the start of road construction, the applicant shall post a $4973 landscape bond The bond shall remain in effect for three years to assure that the landscaping takes root and has a good chance of surviving. 11 The plat plan shall be revised to show the changes listed below and shall require approval of the Director of Planning and Zoning. PLANNING COMMISSION 13 OCTOBER 1998 Three copies of the approved revised plat plan shall be submitted to the Director of Planning & Zoning prior to recording. a) The plat plan (sheet 1) shall be revised to show building envelopes on all four lots. These building envelopes shall be located entirely outside of the 100 year floodplain and, with the exception of lot #3, the 50 foot C.O. District/wetland buffer. 12. The applicant shall record a legal document approved by the City Attorney which clearly states that the proposed road will be Privately owned and maintained by the homeowners unless additional dwelling units or lots are approved in which case the roadway shall be upgraded and become a public street. 13. The pumping station alarms shall be lights only. There shall be no horns used as shown on the plan. 14. The pumping station piping shall include a connection for an emergency pump. 15. The City Water Department shall be provided a set of utility plans prior to issuance of the first zoning permit. 16 The gravity sewer mains shall be bedded in 3/4 inch crushed stone. 17. Any change to the final plat plans shall require approval by the South Burlington Planning Commission. 18. This approval is for four single-family lots. The creation of any additional lots and/or residential units shall require approval of the Planning Commission. 19. The final plat plans (sheets L1, Cl, C2 and survey plat) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair of Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital infor- mation shall require approval of the Director of Planning and Zoning. Mr. Dinklage seconded the motion which was then approved unanimouslv. Mr. O'Rourke arrived at this time. WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, That WILLIAM B. WESSEL, of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR (whether singular or otherwise, hereinafter referred to as "Grantor"), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by [Grantee] of [Grantee Town], in the County of Grantee County and State of Grantee State, GRANTEE (whether singular or otherwise, hereinafter referred to as "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, Grantee, [Tenancy], and Grantee's heirs and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being Lot #1 consisting of 5.10 acres, together with newly constructed dwelling house thereon, of the "Summersweet Lane" development, all as more particularly shown and set forth on a plan entitled, " ", dated 1998, prepared by , and recorded at Map Book Page , of the City of South Burlington Land Records. Said lands and premises are known and designated as Summersweet Lane, South Burlington, Vermont. Said parcel of land is subject to and benefitted by the terms and conditions contained in the following documents: (a) Land Use Permit #40034 dated , 1998, of record at Volume Page , of the City of South Burlington Land Records; (b) Subdivision Permit #EC-4- dated 1998, of record at Volume , Page , of the City of South Burlington Land Records; (c) Conditional Use Determination, File #90-397.02, dated March 16, 1998, of record at Volume Page , of the City of South Burlington Land Records; (d) Declaration of Covenants, Conditions, Easements, Obligations, Liens, Rights and Restrictions for Summersweet Lane dated 1998, of record at Volume Page , of the City of South Burlington Land Records. (e) Easements and Rights of Way as set forth in the Easement Deed from William B. Wessel to the City of South Burlington dated , 1998, of record at Volume , Page , of the City of South Burlington Land Records. (f) Agreement and Waiver between William B. Wessel and the City of South Burlington with respect to the private roadway known as Summersweet Lane dated and of record at Volume , Page , of the City of South Burlington Land Records. (g) Utility easements and rights of way to be granted for telephone, electric and gas services. (h) Department of the Army, Corps of Engineers, Permit No. 199800861 dated April 30, 1998. Also conveyed herewith is an easement and right of way for purposes of ingress and egress in common with others, and for utilities as described below, over and across that strip of land shown and depicted as "Summersweet Lane" on the above -referenced plan. Said easement and right of way is sixty feet (60') in width from Van Sicklen Road up to a point located on Lot 1, thereafter the easement and right of way is fifty feet (50') in width. Also conveyed herewith is an easement and right of way over and across Lots 3 and 4 of the Summersweet Lane development for the installation, construction, maintenance, repair and replacement of a force main serving the sewage disposal system on the herein conveyed parcel of land There is conveyed herewith the right to enter upon Lots 3 and 4 for the purposes of constructing, maintaining, repairing or replacing any of the herein granted rights; provided, however, that the said rights must be exercised in a careful and diligent manner and any damage to said Lots 3 and 4 caused by the Grantee, their successors and assigns, shall be repaired and Grantee shall promptly restore the ground to its original condition as soon as practicable after any excavation in connection with said easements and rights of way. The herein conveyed Lot 1 is subject to a twenty five foot (25') wide easement and right of way for a two inch (2") water line serving Lots 1 and 2, all as more particularly set forth in an Easement Deed from William B. Wessel to the City of South Burlington dated , 1998, and recorded at Volume , Page , of the City of South Burlington Land Records. The herein conveyed Lot 1 is subject to easements and rights of way for the benefit of the owner of Lot 2, their successors and assigns, for the installation, construction, maintenance, repair and replacement of a force main serving the sewage disposal system on said Lot 2. Said lands and premises are further subject to all easements, rights of way, and wetland protection boundaries as appear of record and as shown and depicted on the above -referenced site plan. Being a portion of the lands and premises conveyed to William B. Wessel by Order of Confirmation in the matter of Chittenden Trust Company v. Smart Associates and John Dwyer and William B. Wessel; Chittenden Superior Court Docket No. 51057-82CnC, dated October 28, 1983, of record at Volume 409, Pages 136-138, of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned deeds, the records thereof and to the references therein contained, all in further aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, [Grantee], [Tenancy], and Grantee's heirs and assigns, to Grantee's own use and behoof forever; 101 And the said Grantor, WILLIAM B. WESSEL, for himself and his successors, heirs, and assigns, does covenant with the said Grantee, and Grantee's heirs and assigns, that until the ensealing of these presents Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and except for all easements, rights of way and other rights as may appear of record, provided that such exception shall not reinstate any such rights or encumbrances previously extinguished by Title 27 Vermont Statutes Annotated, Chapter 5, Subchapter 7; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and acknowledged this day of IN THE PRESENCE OF Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. AD. 1998. WILLIAM B. WESSEL At this day of A D. 1998, William B. Wessel personally appeared and acknowledged this instrument, by him sealed and subscribed to be his free act and deed. Before me: RLB1R7-98/Wesse11. WD.wpd Notary Public 3 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, That WILLIAM B. WESSEL, of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR (whether singular or otherwise, hereinafter referred to as "Grantor"), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by [Grantee] of [Grantee Town], in the County of [Grantee County] and State of [Grantee State], GRANTEE (whether singular or otherwise, hereinafter referred to as "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, [Grantee], [Tenancy], and Grantee's heirs and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being Lot #2 consisting of 5.49 acres, together with newly constructed dwelling house thereon, of the "Summersweet Lane" development, all as more particularly shown and set forth on a plan entitled, " dated 1998, prepared by and recorded at Map Book , Page , of the City of South Burlington Land Records. Said lands and premises are known and designated as Summersweet Lane, South Burlington, Vermont. Said parcel of land is subject to and benefitted by the terms and conditions contained in the following documents: (a) Land Use Permit #4C1034 dated , 1998, of record at Volume Page , of the City of South Burlington Land Records; (b) Subdivision Permit # dated 1998, of record at Volume , Page , of the City of South Burlington Land Records; (c) Conditional Use Determination, File #90-397.02, dated March 16, 1998, of record at Volume , Page , of the City of South Burlington Land Records; (d) Declaration of Covenants, Conditions, Easements, Obligations, Liens, Rights and Restrictions for Summersweet Lane dated 1998, of record at Volume Page , of the City of South Burlington Land Records. (e) Easements and Rights of Way as set forth in the Easement Deed from William B. Wessel to the City of South Burlington dated , 1998, of record at Volume , Page of the City of South Burlington Land Records. (f) Agreement and Waiver between William B. Wessel and the City of South Burlington with respect to the private roadway known as Summersweet Lane dated and of record at Volume , Page , of the City of South Burlington Land Records. (g) Utility easements and rights of way to be granted for telephone, electric and gas services. (h) Department of the Army, Corps of Engineers, Permit No. 199800861 dated April 30, 1998. Also conveyed herewith is an easement and right of way for purposes of ingress and egress in common with others, and for utilities as described below, over and across that strip of land shown and depicted as Summersweet Lane, on the above -referenced plan. Said easement and right of way is sixty feet (60') in width from Van Sicklen Road up to a point located on Lot 1, thereafter the easement and right of way is fifty feet (50') in width. Also conveyed herewith is an easement and right of way over and across Lots 1, 3 and 4 of the Summersweet Lane development for the installation, construction, maintenance, repair and replacement of a force main serving the sewage disposal system on the herein conveyed parcel of land There is conveyed herewith the right to enter upon Lots 1, 3 and 4 for the purposes of constructing, maintaining, repairing or replacing any of the herein granted rights; provided, however, that the said rights must be exercised in a careful and diligent manner and any damage to said Lots 1, 3 and 4 caused by the Grantee, their successors and assigns, shall be repaired and Grantee shall promptly restore the ground to its original condition as soon as practicable after any excavation in connection with said easements and rights of way. Said lands and premises are further subject to all easements, rights of way, and wetland protection boundaries as appear of record and as shown and depicted on the above -referenced site plan. Being a portion of the lands and premises conveyed to William B. Wessel by Order of Confirmation in the matter of Chittenden Trust Company v. Smart Associates and John Dwyer and William B. Wessel; Chittenden Superior Court Docket No. 51057-82CnC, dated October 28, 1983, of record at Volume 409, Pages 136-138, of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned deeds, the records thereof and to the references therein contained, all in further aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, [Grantee], [Tenancy], and Grantee's heirs and assigns, to Grantee's own use and behoof forever; And the said Grantor, WILLIAM B. WESSEL, for himself and his successors, heirs, and assigns, does covenant with the said Grantee, and Grantee's heirs and assigns, that until the ensealing of these presents Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and except for all easements, rights of way and other rights as may appear of 4 record, provided that such exception shall not reinstate any such rights or encumbrances previously extinguished by Title 27 Vermont Statutes Annotated, Chapter 5, Subchapter 7; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and acknowledged this day of IN THE PRESENCE OF Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. A.D. 1998. WILLIAM B. WESSEL At this day of A- D. 1998, William B. Wessel personally appeared and acknowledged this instrument, by him sealed and subscribed to be his free act and deed. Before me: RLB/R6-98/Wesse12. WD Notary Public 3 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, That WILLIAM B. WESSEL, of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR (whether singular or otherwise, hereinafter referred to as "Grantor"), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by [Grantee] of [Grantee Town], in the County of [Grantee County] and State of [Grantee State], GRANTEE (whether singular or otherwise, hereinafter referred to as "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, [Grantee], [Tenancy], and Grantee's heirs and assigns forever, a certain piece of land in the City of South Burlington and the Town of Williston, in the County of Chittenden and State of Vermont, described as follows, viz: Being Lot #3 consisting of 25.47 acres (19.07 acres in South Burlington and 6.4 acres in Williston), together with newly constructed dwelling house thereon, of the "Summersweet Lane" development, all as more particularly shown and set forth on a plan entitled, " ", dated 1998, prepared by and recorded at Map Book , Page , of the City of South Burlington Land Records. Said lands and premises are known and designated as Summersweet Lane, South Burlington, Vermont. Said parcel of land is subject to and benefitted by the terms and conditions contained in the following documents: (a) Land Use Permit 94C1034 dated 1998, of record at Volume Page , of the City of South Burlington Land Records; (b) Subdivision Permit # dated , of record at Volume Page , of the City of South Burlington Land Records; (c) Conditional Use Determination, File 990-397.02, dated March 16, 1998, of record at Volume , Page , of the City of South Burlington Land Records; (d) Declaration of Covenants, Conditions, Easements, Obligations, Liens, Rights and Restrictions for Summersweet Lane dated 1998, of record at Volume Page , of the City of South Burlington Land Records. (e) Easements and Rights of Way as set forth in the Easement Deed from William B. Wessel to the City of South Burlington dated , 1998, of record at Volume , Page , of the City of South Burlington Land Records. (f) Agreement and Waiver between William B. Wessel and the City of South Burlington with respect to the private roadway known as Summersweet Lane dated ------__._ -- -, and of record at Volume , Page , of the City of South Burlington Land Records. (g) Utility easemcnts and rights of way to be granted for telephone, electric and gas services- (h) Department of the Army, Corps of Engineers, Permit No. 199800861 dated April 30, 1998. 'the herein conveyed Lot 3 is subject to an easement for a school bus turn around at the entrance to Van Sicklen Road, all as shown and depicted on the above -referenced plan. The herein conveyed Lot 3 is subject to a pedestrian easement for future recreational path which has been conveyed to the City of South Burlington, all as shown and depicted on the above -referenced plan 'Ihc herein conveyed Lot 3 is subject to an easement and right of way, for purposes of ingress and egress and for utilities, for the benefit of the owners of Lots 1, 2 and 4, their successors and assigns, over and across that strip of land shown and depicters as Summcrswect Lane on the above - referenced plan.. Said easement and right of way is sixty feet (60') in width from Van Sicklen Road up to a point located on Lot 1, thereafter the easement and right of way is fifty feet (50') in width. The herein conveyers Lot 3 is subject to easements and rights of way for the benefit of the owners of Lot I, 2, and 4, their successors and assigns, for the installation, construction, maintenance, repair and replacement of force mains seeing the sewage disposal system on said Lots 1, 2 and 4. The herein conveyed Lot 3 is subject to a thirty foot (30') wide easement and right of way for a Nvater line and sanitary smA-,r force main, all as more particularly set forth in an Basement Deed from William B_ Wessel to the City of South Burlington dated — , and recorded at Volume Page !T of the City of South Burlington Land Rccords. Said lands and premises are further subject to all easements, rights of way, and Nvetland protection boundaries as appear of record and as shown and depicted on the above -referenced plan. Lot 3 is subject to the restriction that no topsoil removal, grading, scraping, cutting, filling, stockpiling, logging or any other type of ground disturbance shall occur within that area designated as an "archeologically sensitive zone" on the above -referenced plan. Being a portion of the lands and premises conveyed to William B. Wessel by Order of Confirmation in the matter of Chittenden Trust Company v. Smart Associates and John Dwyer and William B. Wessel; Chittmden Superior Court Docket No. SI057-82CnC, dated October 28, 1983, of record at Volume 409, Pages 136-138, of the City of South Burlington Land Records. Refcrcrice is hereby made to the above -mentioned deeds, the records thereof and to the references therein contained, all in further aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, [Grantee], [Tenancy], and Grantee's heirs and assigns, to Grantee's own use and behoof forever; And the said Grantor, WILLIAM B. WESSEL, for himself and his successors, heirs, and assigns, does covenant with the said Grantee, and Grantee' s heirs and assigns, that until the ensealing of these presents Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and except for all easements, rights of way and other rights as may appear of record, provided that such exception shall not reinstate any such rights or encumbrances previously extinguished by Title 27 Vermont Statutes Annotated, Chapter 5, Subchapter 7; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and acknowledged this day of A D. 1998. IN THE PRESENCE OF Witness Witness STATE OF VERMONT CIHTTENDEN COUNTY, SS. WILLIAM B. WESSEL At this day of A- D. 1998, William B. Wessel personally appeared and acknowledged this instrument, by him sealed and subscribed to be his free act and deed. Before me: RLS/R7-98/Wesse13. WD.wpd Notary Public C WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, That WILLIAM B. WESSEL, of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR (whether singular or otherwise, hereinafter referred to as "Grantor"), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by [Grantee] of [Grantee Town], in the County of [Grantee County] and State of [Grantee State], GRANTEE (whether singular or otherwise, hereinafter referred to as "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, [Grantee], [Tenancy], and Grantee's heirs and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being Lot #4 consisting of 12.73 acres, the "Summersweet Lane" development, entitled, " 1998, prepared by together with newly constructed dwelling house thereon, of all as more particularly shown and set forth on a plan ", dated and recorded at Map Book , Page , of the City of South Burlington Land Records. Said lands and premises are known and designated as Summersweet Lane, South Burlington, Vermont. Said parcel of land is subject to and benefitted by the terms and conditions contained in the following documents: (a) Land Use Permit #40034 dated , 1998, of record at Volume Page , of the City of South Burlington Land Records; (b) Subdivision Permit # dated , of record at Volume Page , of the City of South Burlington Land Records; (c) Conditional Use Determination, File #90-397.02, dated March 16, 1998, of record at Volume , Page , of the City of South Burlington Land Records; (d) Declaration of Covenants, Conditions, Easements, Obligations, Liens, Rights and Restrictions for Summersweet Lane dated , 1998, of record at Volume Page , of the City of South Burlington Land Records. (e) Easements and Rights of Way as set forth in the Easement Deed from William B. Wessel to the City of South Burlington dated , 1998, of record at Volume , Page , of the City of South Burlington Land Records. (f) Agreement and Waiver between William B. Wessel and the City of South Burlington with respect to the private roadway known as Summersweet Lane dated and of record at Volume , Page , of the City of South Burlington Land Records. (g) Utility easements and rights of way to be granted for telephone, electric and gas services. (h) Department of the Army, Corps of Engineers, Permit No. 199800861 dated April 30, 1998. Also conveyed herewith is an easement and right of way for purposes of ingress and egress in common with others, and for utilities as described below, over and across that strip of land shown and depicted as "Summersweet Lane" on the above -referenced plan. Said easement and right of way is sixty feet (60') in width from Van Sicklen Road up to a point located on Lot 1, thereafter the easement and right of way is fifty feet (50') in width. Also conveyed herewith is an easement and right of way over and across Lot 3 of the Summersweet Lane development for the installation, construction, maintenance, repair and replacement of a force main serving the sewage disposal system on the herein conveyed parcel of land. There is conveyed herewith the right to enter upon Lot 3 for the purposes of constructing, maintaining, repairing or replacing any of the herein granted rights; provided, however, that the said rights must be exercised in a careful and diligent manner and any damage to said Lot 3 caused by the Grantee, their successors and assigns, shall be repaired and Grantee shall promptly restore the ground to its original condition as soon as practicable after any excavation in connection with said easements and rights of way. The herein conveyed Lot 4 is subject to easements and rights of way for the benefit of the owners of Lot 1 and 2, their successors and assigns, for the installation, construction, maintenance, repair and replacement of a force main serving the sewage disposal system on said Lots 1 and 2 and a water main to provide water to said Lots 1 and 2. The herein conveyed Lot 4 is subject to a thirty foot (30') wide easement and right of way for a water line and sanitary sewer force main and to a twenty five foot (25') wide easement and right of way for a water line and fire hydrant, all as more particularly set forth in an Easement Deed from William B. Wessel to the City of South Burlington dated and recorded at Volume , Page , of the City of South Burlington Land Records. Said lands and premises are further subject to all easements, rights of way, and wetland protection boundaries as appear of record and as shown and depicted on the above -referenced site plan. Lot 4 is subject to the restriction that no topsoil removal, grading, scraping, cutting, filling, stockpiling, logging or any other type of ground disturbance shall occur within that area designated as an "archeologically sensitive zone" on the above -referenced plan. Being a portion of the lands and premises conveyed to William B. Wessel by Order of Confirmation in the matter of Chittenden Trust Company v. Smart Associates and John Dwyer and William B. Wessel; Chittenden Superior Court Docket No. 51057-82CnC, dated October 28, 1983, of record at Volume 409, Pages 136-138, of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned deeds, the records thereof and to the references therein contained, all in further aid of this description. 2 TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, [Grantee], [Tenancy], and Grantee's heirs and assigns, to Grantee's own use and behoof forever; And the said Grantor, WILLIAM B. WESSEL, for himself and his successors, heirs, and assigns, does covenant with the said Grantee, and Grantee's heirs and assigns, that until the ensealing of these presents Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and except for all easements, rights of way and other rights as may appear of record, provided that such exception shall not reinstate any such rights or encumbrances previously extinguished by Title 27 Vermont Statutes Annotated, Chapter 5, Subchapter 7; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and acknowledged this day of A.D. 1998. IN THE PRESENCE OF Witness Witness STATE OF VERMONT CIHTTENDEN COUNTY, SS. WILLIAM B. WESSEL At this day of A D. 1998, William B. Wessel personally appeared and acknowledged this instrument, by him sealed and subscribed to be his free act and deed. Before me: RLB/R7-98/Wesse14. WD. wpd Notary Public 3 EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, That WILLIAM B. WESSEL of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR (whether singular or otherwise, hereinafter referred to as "Grantor"), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by CITY OF SOUTH BURLINGTON of South Burlington, in the County of Chittenden and State of Vermont, GRANTEE (whether singular or otherwise, hereinafter referred to as "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, CITY OF SOUTH BURLINGTON, a Vermont municipal corporation, and Grantee's heirs and assigns forever, an easement and right of way over and across a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being easements and rights of way, in common with the Grantor herein, his heirs and assigns, over and across portions of the "Summersweet Lane" development located northerly of Van Sieklen Road in the City of South Burlington. Said easements and rights of way are more particularly described as follows: 1. An easement and right of way over a strip of land thirty feet (30') in width for a water line and a 4" sanitary sewer force main; which said strip of land commences at the northerly side of Van Sicklen Road and continues in a northerly direction across Lots 3 and 4 of the Summersweet Lane development to the southerly boundary of lands or premises now or formerly of Mark & Marsha Abrams. The exact location of said easement is shown and depicted on a plan entitled, 2. An easement and right for way over a strip of land twenty five feet (25') in width for an eight inch (8") water line and fire hydrant to be located in the southwesterly portion of Lot #4 of the Summersweet Lane development. Said 25' wide easement shall be centered on the 8" water line "as built". Also, an easement and right of way over a strip of land twenty five feet (25') in width for a two inch (2") water line serving Lots 1 and 2, which said water line shall extend from the herein referenced fire hydrant to the individual curb stops serving Lots 1 and 2 of the Summersweet Lane development. Said easement and right of way shall be centered on the two inch (2") water line "as built". Included in this easement is the right to enter on the easement areas and that sixty foot (60' ) roadway as shown on the aforesaid plan for the purposes of constructing, maintaining, repairing or replacing any of the above rights granted; provided, however, that the said rights must be exercised in a careful and diligent manner and any damage to any property of the Grantor caused by the Grantee, it successors and assigns, shall be repaired and Grantee shall promptly restore the ground to its original condition as soon as practicable after any excavation on Grantor's land. The herein conveyed easements are located on a portion of the lands and premises conveyed to LAW OFFICES William B. Wessel b Order of n e matter of TC en rust o BERGERON, PARADIS y Odf Confirmation ithe f Chimpany V. Smart & FITZPATRICK � Associates and John Dwyer and William B. Wessel; Chittenden Superior Court Docket No. S1057- LAW OFFICES BERGERON. PARADIS FITZPATRICK 82CnC, dated October 28, 1983, of record at Volume 409, Pages 136-138, of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned deeds, the records thereof and to the deeds and records therein contained, all in further aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, a Vermont municipal corporation, and Grantee's heirs and assigns, to Grantee's own use and behoof forever; And the said Grantor, WILLIAM B. WESSEL, for Grantor and Grantor's heirs, executors and administrators, does covenant with the said Grantee, and Grantee's heirs and assigns, that until the ensealing of these presents Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and except for all easements, rights of way and other rights as may appear of record, provided that such exception shall not reinstate any such rights or encumbrances previously extinguished by Title 27 Vermont Statutes Annotated, Chapter 5, Subchapter 7; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and acknowledged this day of A.D. 1999. IN THE PRESENCE OF William B. Wessel STATE OF VERMONT CMTTENDEN COUNTY, SS At this day of A.D. 1998, Grantor, WILLIAM B. WESSEL, personally appeared and acknowledged this instrument, by said Grantor sealed and subscribed to be said Grantor's free act and deed. Notary Public RLB/R7-98/WESSEL. ED. WPD l VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) ' SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. William B. Wessel 70 Highland Terrace, So. Burlington, VT Kj BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. City of South Burlington Dorset Street, So. Burlington, VT PROPERTY LOCATION (Address In full) DATE OF CLOSING Easements - Summersweet Lane development INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. ❑ UNDIVIDED 1/2 INTEREST 5. ❑ TIME-SHARE ESTATE 7. EASEMENT 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED_% INTEREST 6. ❑ LEASE 8. ❑ OTHER FRONTAGE AND DEPTH TOTAL ACREAGE BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. I_! NONE 5. ❑ BARN 9.0 STORE �� 2. FACTORY 8. ❑MULTIFAMILY WITH ( INSERT ) DWELLING UNITS tO--II lJ OTHER TRANSFERRED 3. ❑SINGLE FAMILY DWELLING NUMBER DESCRIBE 7. ❑ MOBILE HOME 4. ❑ CAMP/VACATION HOME 8. ❑ CONDOMINIUM WITH ( INSERT ) UNITS TRANSFERRED NIUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION S. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. OTHER easement DESCRIBE DL RIDE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ INDUSTRIAL DESCRIBE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP,'VACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. ® OTHER easement - DESCRIBE DESCRIBE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENTUSES. ❑ INDUSTRIAL DESCRIBE IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agrlcuttural, Forest, Farmland or Working Farmland Tax Abatement Use Value Appralsal Programs)? ❑ Yes ® No IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N and O BELOW. Exemption #2 TOTAL _ PRICE PAID FOR • PRICE PAID FOR _0 PRICE PAID $ PERSONAL PROPERTY S REAL PROPERTY $ IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE ENTER FAIR MARKET VALUE ON LINE 0 AND DESCRIBE THE CIRCUMSTANCES: s - TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS S -0 • DATE SELLER ACQUIRED 10128183 - IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET #1 &#15 (CONTINUE ON REVERSE SIDS - THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN/CRY DATE OF RECORD BOOK NUMBER PAGE NO. LISTED VALUES GRAND LIST OF 19 PARCEL ID OR MAP NO. GRAND LIST CATEGORY ACKNOWLEDGEMENT TOWN NUMBER RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. SIGNED CLERK DATE Form PT-1 (12'92) RATE SCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructlons)................ _._..................................... „ 1. a. $ —0— b. Value of property enrolled In current use program ........... . ............. »......................... ...... ............... ......................................... . b. $ —0— c. Value of qualified working farm ................................ .......... .... ............................................................................................ c $ —n— d. Add Una& 1(a), (b) and (c) _ e. Tax rate........................................................................................._........................._........................................................................ e. 0.005 f. Tax due on Special Rate Property: Multiply Line 1(d) by Una 1(a) — 2. Tax on Gsnoral Rats Property: a. Entsr amount from Line O on front of return ................... _._..................................................... ................................................... 2. a. $ —0— b. Enter amount from Une 1(d) of Rate Schedule above.................................................................................................................. b. $ —0— c. Subtract Line 2(b) from Line 2(a).................................................................................................................................................... c. $ —0— d. Tax rats.............................................................................................................................................................................................. d. 0.012 a. Tax due on General Rats Property: Multiply Line 2(c) by Line 2(d).......................................... ............. e, g —0- 3. Total Tax Duo: Add Lines 1(f) and 2(a) and enter here and on Una Pon front of roturn................................................................................... 3. $ —0— FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(s) and Sellers) certify as follows: A. That the have Investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, If any, affecting the property. B. That the seliar((s)) advised the bers) that local and state building regulations, zoning regulations and subdivision regulations pertalning to the property uy May limit significantly the use of the property. C. That this transfer Is In compliance with or Is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Parmh No. and is In compliance with said permit, or 2. This property and any retained parcel Is exempt from the subdivision regulations because (see Instructions for exemptions): a. Parcel to be sold: Exemption Number Number of acres b. Parcel retained: Exemption Number Number of acres Please contact the dlatrlct office In your area to determine compiler" with Act 250. (See map on page 26.) Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon Is In compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act ), for the following reason: 1. This property Is the subject of Act 250 Permit No. and Is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from Instructions) E. That this transfer does/does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before flling with the town clerk. WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer is exempt from income tax withholding for the following reason (check one): F 1. Seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale. ❑x 3. Buyer(s) certifies that this is a transfer without consideration. (See Instructions for Form REW-1.) ❑ 4. Seiler(s) Is a mortgagor conveying the mortgaged property to a mortgagee In a foreclosure or transfer in Ileu of foreclosure, with no additlonafconsideration. WE HEREBY SrYE_AA AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE SELLER(S) SIGNATURE(S) DATE I BUYER(S) SIGNATURE(S) DATE WBW (City of South Burlington BY: Bergeron, Paradis & Preparer'sSignature - Prepared by Fitzpatrick 34 Pearl Street, PO.Box 174 Essex Junction, VT 05455-0174 Prepa s Address p Buyer's Representative Tel. (Print or Typo) ---1 ---11 � r— .—moo. LICENSE AGREEMENT THIS AGREEMENT, made this day of , 1999, by and between Nile A. Duppstadt and Julie B. Duppstadt (jointly, hereinafter called the "Licensors"), in consideration of TEN AND MORE DOLLARS paid to the Licensors' full satisfaction by William B. Wessel (hereinafter called the "Licensee"), by the presence do freely give, grant, convey and confirm unto the Licensee, his heirs, successors and assigns, a temporary right and license to enter upon and over a certain piece of land in the City of South Burlington, in the County of Chittenden, and State of Vermont, described as follows: The right to connect to the sewer main located in Old Stone House Lane (Road "B") and the pump station on Lot 55A, together with an easement and right of way therefor, twenty feet (20') in width, for the installation, construction, operation, repair, maintenance and replacement of underground sanitary sewer lines and appurtenances, over and across Road "B", Lot 55 and Lot 55A, as shown and depicted on the plan entitled, "The Old Stone House Farm, Hinesburg & Van Sicklen Roads, South Burlington, Vermont, Old Stone House Lane, Road B, Plan and Profile, Sta. 10+00 to 20+00", dated November 25, 1996, last revised November 27, 1998, prepared by Lamoureux Stone & O'Leary Consulting Engineers, Inc., together with sewage capacity of 2,160 GPM for the benefit of lands and premises owned by the Licensee known as the "Summersweet Lane" development. The property hereby subject to this License Agreement is a portion of those lands and premises conveyed to Nile A. Duppstadt and Julie B. Duppstadt pursuant to a Warranty Deed dated from Robert D. & Gratia P. Paterson, recorded at Volume , Page , of the Land Records of the City of South Burlington. This License Agreement shall terminate upon the acceptance by the City of South Burlington of the herein described sewer lines, pump station and appurtenances thereto, and may not be revoked prior to such acceptance by the City of South Burlington. IN WITNESS WHEREOF, the Licensors hereunto set their hands and seals, on the day and year first above written. Witness Nile A. Duppstadt Julie B. Duppstadt RLB✓R9-99/License. Agr. wpd AGREEMENT AND WAIVER AGREEMENT by and between William B. Wessel, hereinafter referred to as "Owner" and the City of South Burlington, hereinafter referred to as "City" . WITNESSETH: WHEREAS, Developer has received final subdivision approval from the City's Planning Commission for the construction and development of a four (4) lot subdivision to be known as the "Summersweet Lane" development, as depicted on a final plat entitled, m 0 dated , 1998, prepared by , and recorded at Map Book , Page , of the City of South Burlington Land Records; and WHEREAS, the subdivision will be serviced by a private roadway as depicted on the final plat; and WHEREAS, the City has approved the final subdivision application with said private roadway subject to certain conditions; and WHEREAS the parties desire to record a confirmation of said conditions to the effect that by granting said approval and otherwise authorizing said project, the City has not assumed, but rather has specifically disavowed any intention or obligation to plow, repair, or otherwise maintain said roadway or to accept the same as a public street. NOW, THEREFORE, in consideration of the final approval of the City's Planning Commission and other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner will not apply to the City to have said roadway accepted as a public street without first complying with all applicable construction requirements and specifications set forth in the then existing zoning regulations, subdivision regulations or other applicable ordinances and by-laws of the City, the expenses of complying with said requirements and specifications to be borne solely by the Owner, his heirs, successors or assigns. 2. The Owner waives any rights he may have or claim by virtue of the City's approval of said roadway to request the City to accept the same as a public street. 3. The Owner will not in the future change the location of said roadway nor extend said roadway without the prior approval of the City's Planning Commission, nor shall it permit said roadway to serve more than four (4) dwelling units without prior approval of the City's Planning Commission. 4. The Owner, for himself and his heirs, successors and assigns, hereby waives any rights he, or any of them, now have or may hereafter acquire to seek plowing, repair or maintenance from the City with regard to said roadway. 5. The Owner, his heirs, successors and assigns, shall plow, repair and maintain said roadway or roadways at their own expense and keep the same in good order and repair. 6. Nothing contained in this agreement shall be construed as obligating the Owner to dedicate said roadway as a public street, and, similarly, nothing contained in this agreement shall be construed as obligating the City to accept any such proffered dedication. 7. This agreement may only be amended or revoked upon written consent and approval by the City. 8. This agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators, successors and assigns. DATED this day of , 1998. IN THE PRESENCE OF: OWNER: Witness WILLIAM B. WESSEL STATE OF VERMONT CHITTENDEN COUNTY, SS. At , Vermont, this day of , 1998, personally appeared William B. Wessel and he acknowledged this instrument, by him signed and sealed, to be his free act and deed. DATED this day of IN THE PRESENCE OF: Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public , 1998. CITY OF SOUTH BURLINGTON BY: Duly Authorized Agent At , Vermont, this day of , 1998, personally appeared , duly authorized agent of the City of South Burlington and he/she acknowledged this instrument, by him/her signed and sealed, to be his/her free act and deed and the free act and deed of the City of South Burlington. Before me, RLB/R7-98/WESSEL. A&W Notary Public DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, OBLIGATIONS, LIENS, RIGHTS AND RESTRICTIONS FOR SUAIMERSWEET LANE SOUTH BURLINGTON, VERMONT THIS DECLARATION, made this day of 1998, by William B. Wessel, hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the fee simple owner of certain real property located on Van Sicklen Road, South Burlington, Vermont, which property is shown and depicted on a plan of land entitled, dated 1998, prepared by , and recorded at Map Book , Page , of the City of South Burlington Land Records; and WHEREAS, Declarant proposed to develop the property into four (4) residential lots; and WHEREAS, Declarant desires to subject the four (4) residential lots, Being Lots 1, 2, 3 & 4, to certain covenants to insure the use of the lots for attractive residential purposes and to establish a vehicle for the maintenance and repair of the common roadway which serves the development. NOW, THEREFORE, Declarant hereby declares that each of the four (4) residential lots, being Lots 1, 2, 3 & 4, shall be held, transferred, sold, conveyed, and occupied subject to the following covenants, conditions, easements, obligations, liens, rights and restrictions, which shall run with the property and be binding upon all persons having any right, title or interest in the property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner, jointly and severally thereof. 1. The owners of Lots 1, 2, 3 & 4 shall be responsible for maintaining the roadway known as "Summersweet Lane" and all culverts and facilities related thereto in an operable and accessible manner. The costs of maintenance, repair, snow plowing, mowing roadsides, and similar expenses of the maintenance of Summersweet Lane shall be shared on a pro rata basis by all lot owners. The pro rata basis shall be calculated as follows: Lots 1 and 2 shall each be responsible for thirty three percent (33%) of the costs associated with Summersweet Lane; Lot 3 shall be responsible for thirteen percent (13%) of said costs; and Lot 4 shall be responsible for twenty one percent (21%) of said costs. 2. The dwellin; on each lot shall be serviced by the municipal sewage disposal system. However, each lot owner shall be solely responsible for the costs of any and all installation, maintenance, repair and replacement of all portions of the sewage disposal system, including pipes, septic tank, pump station and force mains, up to the point where each individual lot's sewage disposal line connects to a sewer manhole located on the northerly side of Van Sicklen Road. The owners of each individual lot shall be responsible for the proper maintenance and repair of those components of the sewage disposal system which serve only their individual lot, whether said components are located on their individual lot or at any location or point between the individual lot and the manhole located on the northerly side of Van Sicklen Road, 3. The dwelling on each lot shall be serviced by the municipal water system. The owners of each lot shall be solely responsible for the costs of any and all installation, maintenance, repair and replacement of all water lines from their individual dwelling up to the point where the individual lot's water line connects to the City of South Burlington's curb stop for that lot. 4. Each of these lots shall be subject to the terms and conditions of the "Conditional Use Determination" issued by the Vermont Agency of Natural Resources on March 16, 1998, File #90-397.02. Specifically, the owners of each lot are responsible for maintaining the wetlands and buffer zones on their individual lots in compliance with said Conditional Use Determination. 5. Each of these lots shall be subject to the terms and conditions of Land Use Permit 44C 1034 dated _ , 1998. 6. Each of these lots shall be subject to the terms and conditions of Subdivision Permit #EC-4- __ issued by the Vermont Agency of Natural Resources on 1 1999. 7. Each of these lots shall be subject to the terms and conditions of Permit No. 199800861 issued by the Department of the Army, Corps of Engineers, dated April 30, 1998. 8. No lot shall be subdivided for sale or for any other purpose. 9. No exterior radio or television transmission or receiving antennas shall be erected, placed or maintained on any lot unless fully screened from the private drive and neighbors. A satellite dish shall be permitted on any lot but limited to eighteen inches (18") or less in diameter. 10. No structure of a temporary character, including but not limited to trailers, basements, cellars, tents, shacks, barns, or other outbuildings shall be permitted on any lot or occupied at any time for residential purposes. 11. No storage sheds or outbuildings shall be situated on any lot unless such structures are built with the same exterior materials as the residence on such lot. Moreover, the exterior of such structure shall be maintained in the same manner as the residence. 12. Clotheslines or drying yards shall be located so they will not be visible from the private drive, and shall be located to the rear of the residence. 13. No unregistered vehicle, or any recreational vehicle, boat, trailer, snowmobile, snow trailer, etc., will be permitted on each lot for more than thirty (30) days in any one calendar year, unless screened from view. No commercial vehicles, construction or other equipment of any kind shall be permitted on any lot unless kept in a garage completely enclosed. 14. No elevated tanks of any kind shall be erected, placed or permitted on any part of any lot. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or screened sufficiently to conceal them from the view of neighboring lots or the private drive. 15. The Declarant, or his successors and assigns, shall have the unrestricted right to alter or amend these covenants and restrictions until all lots covered hereby are sold. Thereafter, these covenants and restrictions may be altered or amended by written instrument, setting forth the amendment, executed by the holders of record title to at least seventy five percent (75%) of the lots subject to these covenants and restrictions. 16. The benefit of these covenants shall be deemed to run to the individual lot owners and their successors and assigns. Should any party employ counsel in order to enforce any of the foregoing covenants, conditions, reservations, restrictions or obligations, all costs incurred in such enforcement including a reasonable fee for counsel, shall be paid by the owner of such lot or lots found to be in violation by a court of competent jurisdiction. 17. No delay or omission in exercising any right, power or remedy herein provided for in the event of any breach of the covenants, conditions, restrictions and obligations herein contained shall be construed as a waiver thereof or acquiescence therein. No right or action shall accrue, nor shall any action be brought or maintained by any lot Owner against Declarant for or on account of failure to bring an action on account of any breach of these covenants and conditions, nor for imposing covenants and restrictions which may be found or determined to be unenforceable at law. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of 1998. William B. Wessel Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. At Vermont, this day of , 1998, personally appeared Wiliam B. Wessel who acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, RLB/R7-98/ WESSEL. DEC. wpd Notary Public Locator Map rir I I i i t I TRgrOR iII 6AbE u n�—. so 0 50 too I50 -"---'----_.__.-__----__-_--- Vwf TART 5 rE I m <^ IPo Yea /< / x " y n i:vn�/X I nY I i >Y < \< T < Y / : tlfl1L <? ^ <x w• I � I I FRA5W - IMIE F PlantNLpt ee� Faun am r� 2' BeB -- 12 am obrr+9 TRumRpe Be� Oak Y BIB 31 PS Ph. *Vb. YMa Phe 6-B' Mid <olled 71aN acclddltals -- t11ae [edu_ 2�' B6B Vlznnn Mbdm 23 BID (olrus etobnsan - -- a3' FM coNWAad Plant List --_ n 1 .-_ RafMob 25' 6tB ![i7tmt6wbw 1^Itlte Pile 6-B'H.Pmmkn 2.5' Field collected BtB ppLyye��gend k`Sri29 Fload Plat, RECEIVED OCT a 8 1996 6557 W6; City of So. Buriirati Ck pPPfO%� �'OPosed Pr°Per'hl Lt,e M.hram Lhrae or DbUd d Area GRO F3oundOy H.fer Mah — 5- 5ener Lire Notes: 1. Wk*q bcatians are fa pwea� ony. IIIwMatbn 2. Int alzm are gfirOXimote, actv0l size � be determNe. Lot ncrea 5/ s sea 3 a.41 4 1.T3 —�^ — -- - T.J. Boyle and Associates -- 1°`"°-..--.—. landscape architects . planning consultants 8-31-98 Summersweet William weasel -- n0' -- --- G�ii — trace L1 - -- - -- -- 301 a street . buri . "rmont • 05401 802.658.3555 h \\home. - 70 South and Terrace toll®g h�lort itP: eprynetlsprynet.comlQboyle node ;� - � �� � i Soath Burlington, Master Plan 8/ 1 1/98 MOTION OF APPROVAL WILLIAM WESSEL I move the South Burlington Planning Commission approve the preliminary plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road„ as depicted on an I 1 page set of plans, page one entitled, "Four Lot Subdivision Summersweet Development William Wessel Van Sicklen Road South Burlington, Vermont," prepared by Vermont Land Surveyors, dated June 12, 1998, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. In accordance with Section 6.602 of the South Burlington Zoning Regulations, the Planning Commission approves the creation of lots for development upon land designated as "restricted area" on the Southeast Quadrant Official Zoning Map. It is the Commission's opinion that based on the information submitted by the applicant the proposed development will not adversely affect wetlands on the property. In addition, development will be kept out of the 100 year floodplain and a significant amount of open space is being preserved which will provide wildlife habitat and protect Muddy Brook. 3. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives the 850 foot cul-de-sac street length limit provided in Section 401.1(g) of the subdivision regulations and approves a length of 1300 feet. It is the Commission's opinion that the 1300 foot length will not result in unsafe or inefficient traffic conditions since only four (4) homes are proposed. 4. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.10)(1)(a) of the subdivision regulations and allows the proposed roadway serving four (4) lots to remain private. 5. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.1(k)(2) of the subdivision regulations and allows the private roadway width to be 20 feet. 6. In the event any additional dwelling units or lots are created within this development, the private road shall be upgraded to City standards and shall be dedicated to the City as a public street, including the reservation of a 60 foot wide r.o.w. connection to the property to the north. 7. The Planning Commission approves the encroachment of a nonconforming activity impacting approximately 0.63 acres of wetland and 2.45 acres of C.O. District/wetland buffer pursuant to 1 Section 3 503 of the zoning regulations. It is the Commission's opinion based on a letter dated 5/ l /98 from Arthur Gilman that the project will not affect adversely the attributes listed in Section 3.503(a)-(e) of the zoning regulations. 8. The Planning Commission approves a sewer allocation of 2160 gpd (this includes the 20% reduction allowed by the State). The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The roadway serving this development shall be completed within ten (10) years of final plat approval. The sewer allocation for any lots served by portions of the roadway which are not completed within this ten (10) year time frame shall be lost unless reapproved by the Planning Commission. The applicant shall be required to pay the per gallon fee prior to permit issuance. 9. No zoning permit shall be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 10. Prior to the start of road construction, the applicant shall post a $4973 landscape bond. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 11. The plans shall be revised prior to final plat submittal as follows. a) The plan (sheet 1) shall be revised to increase the size of the proposed Maple and Willow trees to a minimum of 2.5" caliper. b) The utility plan (sheet 2) shall be revised to provide fire hydrants in a quantity and in locations approved by the Fire Chief. The su ey pla\I/n ded to show �andditional fd wide recreation/pedestrian ph ea mentru alon the priv o an Sick Road ar)d then turning .. east etween lotsd Conn i to the existing 15 foot pedestrian easement. C-,d' The plans shall be revised to show the proposed house on lot #2 located entirely outside of the 50' wetland buffer. ,l,e) The plans (Sheets C 1 and C4) shall be revised to show no filling within the 100 year floodplain.v, 12. The applicant shall record a legal document approved by the City Attorney which clearly states that the proposed road will be privately owned and maintained by the homeowners unless additional dwelling units or lots are approved in which case the roadway shall be upgraded to City standard and become a public street. 13. The pumping station alarms shall be lights only. There shall be no horns used as shown on the K plan. 14. The final plat application shall be submitted within 12 months. Memorandum - Planning July 21, 1998 agenda items July 17, 1998 Page 5 --- the pole lights proposed would be 22.5 feet in height including the base, the maximum allowed is 20 feet. --- a letter from a property owner expressing concerns was submitted (see enclosed). 6) WILLIAM WESSEL - 4 LOT SUBDIVISION - PRELIMINARY PLAT This project consists of the subdivision of a 48.79 acre parcel into four (4) lots of 5.1 acres (lot #1), 5.49 acres (lot #2), 25.47 acres (lot #3, 19.07 acres in South Burlington and 6.4 acres in Williston), and 12.73 acres (lot #4). The sketch plan was reviewed on 5/12/98 ( minutes enclosed). This property located at 250 Van Sicklen Road lies within the SEQ District, the C.O. District and the Floodplain Overlay District. It is bounded on the north and west by residences and open land, on the south by residences and Van Sicklen Road, and on the east by open land and Muddy Brook. Access: Access to the four (4) lots is by a private r.o.w. 1300 feet in length and 60 feet in width. Section 401.10)(1)(a) of the subdivision regulations requires that a roadway serving four (4) or more separate residential lots be publically owned. This private road is proposed to be 20 feet in width and Section 401.1(k)(2) of the subdivision regulations requires that all private roadways be a minimum width of 30 feet with parking and 24 feet without parking. Section 401.1(g) of the subdivision limits the length of a cul-de-sac street to 850 feet. The length of the street proposed is 450 greater than allowed. At the last meeting, the Planning Commission wanted a condition added that requires the creation of a public street and r.o.w. connection to the north in the event any additional units or lots are created. Density: This property is allowed to generate a maximum of 50 units (42.39 acres x 1.2 units/acre = 50.87 units). The maximum units allowed on this parcel based on the development area of 17.1 acres as shown on the SEQ zoning map is 68 units (17.1 acres x 4 unit/acre = 68.4 units). The applicant is proposing four (4) units total. Lot size/frontage: The minimum lot size requirement of 1200 square feet is being met by all four (4) lots. 5 Memorandum - Planning July 21, 1998 agenda items July 17, 1998 Page 7 As proposed, only lot #3 has frontage on a public street (Van Sicklen Road). The remaining lots are to be served by a private 60 foot r.o.w. Non -buildable area: Portions of lots are proposed to be located in a restricted area and under Section 6.602 of the zoning regulations, this triggers the designation of this development as a PRD. The applicant should therefore submit a report addressing the PUD/PRD criteria under Section 26.151 of the zoning regulations. The house on lot #3 is proposed within a restricted area as shown on the SEQ zoning map. The applicant has addressed the criteria in Section 6.606 of the zoning regulations (see enclosed). Wetlands: There are approximately 27.5 acres of wetlands on the site. Approximately .63 acres of wetland and 2.45 acres of C.O. District/wetland buffer will be impacted by this project. The applicant has obtained a State Wetlands permit for this encroachment and submitted a letter from a wetland consultant regarding the affect of this encroachment on Section 3.503(a)-(e) of the zoning regulations. The Natural Resources Committee reviewed this plan and submitted comments (see enclosed). NR Committee recommends against development of houses in the floodplain and wetland buffer. Pedestrian Trail/Recreation Path: There is a dedicated recreation path easement on this property along Muddy Brook which the City obtained from a previous property owner. The Recreation Path Committee reviewed this plan and has submitted comments (see enclosed). Sewer: The sewer allocation request is 2160 gpd (this includes the 20% reduction allowed by the State). The applicant will be required to pay the per gallon fee prior to permit issuance. Floodplain: No development is proposed within the 100 year floodplain. Landscaping: The applicant is proposing clumps of street trees with an estimated value of $4973. The proposed trees include Red Maple, White Pine and Weeping Willow. The size of the Maple and , Willows should be increased to a minimum of 2.5" caliper. Impact fees: The applicant should be aware that these houses will be subject to road, school and recreation impact fees. Legal document: The applicant should be required to record a legal document which clearly states that the proposed road will be privately owned and maintained by the homeowners (see enclosed P Memorandum - Planning July 21, 1998 agenda items July 17, 1998 Page 7 Other: The applicant will be required to submit the survey plat in digital format. The digital format spec sheet was provided to the applicant. 8) REXBO DEVELOPMENT, INC. - CANOPY (WILLISTON ROAD) - SITE PLAN This application was continued from the 6/23/98 meeting (minutes enclosed) to provide the applicant an opportunity to revise their plan to either eliminate the westerly curb cut or to angle and narrow it's width. Staff s memo from the 6/23/98 meeting are enclosed for your review. The changes made to the plan since the last meeting are as follows: Access/circulation: The access changes since the last meeting include the following: 1) the westerly access has been angled and remains for ingress only, 2) the access drive to the Ramada Inn signalized intersection has been eliminated, and 3) the construction of a new 2-way driveway along the westerly boundary to provide access onto Mary Street. Staff does not support closing the connection to the Ramada Inn property. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 6.1% (maximum allowed is 30%). Overall coverage is increasing from 42.3% to 68% (maximum allowed is 70%). Front yard coverage information on the plan appears to be incorrect. This property has two (2) front yards (40 feet along Mary Street and 57 feet from the existing r.o.w. along Williston Road). Existing and proposed front yard coverage information should be revised accordingly. Applicant should be aware that if front yard coverages are currently being exceeded, the Commission does not have the authority to exceed them further. No change to setbacks. The notes on sheet 1 regarding setbacks should be revised to note that the setback along Williston Road is 57 feet from the existing r.o.w. and is 40 feet from the Mary Street r.o.w. It should also note that there is no rear yard setback due to the two (2) front yards. Parking: No change to the number of spaces. The eight (8) spaces behind the building are being moved closer to the residential district along the southerly boundary. Memorandum - Planning 7 'SH VEGETATION FOR STORMWATER =E Bk- N PLANTING SPECIFICATIONS TONE STORM OUTFALL J VEGETATION UNTIL SEE DETAILS ON SH#111 — ,�: LOTS ARE COMPLETE. PRIOR 10' CLEAN OUT ALL SEDIMENT NISHED GRADES 18" PE FYI ' 326. - VN VN IW V SUMP OR BASIN GRADING 325.5 DETENTION BASIN # 1 FABRIC 344 11-27-98 REVISED PER SUMMERSWEET SEWER / FM'S ABR 4-9-98 REVISED PUMP STATION DRIVE ABR 2-6-98 REVISED LOT 49-56/WETLAND CREATION AREAS ABR 9-17-97 RENUMBERED LOTS, MOVED MAILBOX EASEMENT ABR 8-6-97 REVISED WETLANDS AND LOTS ABR 340 --- 7-23-97 REVISED GRASS SWALE AT OUTFACE ABR 7-2-97 REVISED PER WETLANDS REVIEW ABR 6" PVC SDR 35 TRENCH 6-20-97 REVISED STORM BASINS ABR DRAIN FROM CRUSHED STONE AROUND M.H. TO 6-6-97 RELOCATED SIDEWALK TO WESTERLY SIDE OF ROAD ABR 336 C.B. 5-14-97 REVISED STORMWATER PIPES ABR 2-26-97 REVISED PER PRELIMINARY PC HEARING DLH 12-24-96 REVISED PUMP STATION AND EASEMENT ABR INSTALL CRUSHED STONE MIN. IN. 12" WIDE THESE PLANS WITH LATEST REVISIONS SHOULD # OF AROUND M.H. TO 12" ONLY BE USED FOR THE PURPOSE SHOWN BELOW: SHEETS 332 ABOVE 6" DRAIN. F-1 SKETCH/CONCEPT F-1 PRELIMINARY FINAL F-1 RECORD DRAWING -P 328 proj. no. 1 THE OLD STONE HOUSE FARM 95116 05 survey HINESBURG & VAN SICKLEN ROADS. HLS/LHA tQlz Q {V SOUTH BURLINGTON, VERMONT design e. t44 '��4� t � ABR /LA L `'� , a OLD STONE HOUSE LANE drawn ABR/DLH e`SSV2 ROAD B checked Ui to PLAN AND PROFILE DLH/LAL to D35 `STA. 10+00 TO 20+00 dllt25-96 20+00scale LAMOUREUX, STONE & O'LEARY 1 "=40' �- Consulting Engineers Inc. 14 Morse Drive sht. no. �� Essex Junction, VT 05452 (802) 878-4450 4 Engineers —Planners —Surveors ry S E�-z�v IAI �x�s ����- ��7Y r. o, W Fee- SO4PL.0 S, 6,c- "(cry lit l C ►%ry R, d, w, ry cp 74 i 2Io t-,4N D 45 LF GRASS SWAL PUMP STATION EASEMENT AN r RIGHT—OF—WAY TO THE CITY OF SOUTH BURLINGTON. \� 12" PE OUT/= 322.45 INV. 32 .30 — — - — — \ /O'X8" S 1f0'/LF STONE STORM OUTFALL #1A, 10+50, 140' LT \ ZFOOTING DRAIN TO RIM ELEV = 331.0 i / REAR OF LOT 8" IN = 322.05 — — CB #8, 11+68, 14' LT OUT = 322.00 RIM ELEV = 332.25 ` FOOTING DRAIN TO (2) 6" IN = 326.20 55A ` — / 12" IN = 326.20 REAf� OF LOT \ 6" IN =OUT 327.56.20 110LF GRASS O � SWAL£ 5 5 — 330— 54 -o o N� I SEE SHEETS 15&16 MAINTAIN MIND c^ HORIZONTAL S �'�� SMH #1, 11+05, 6.0' LT BETWEEN STOP RIM ELEV = 333.39 \ a \ AND WATERLIN (3) 8" IN = 322.85 0 0� 8" OUT = 322.78 \ .0� �� W 6 OUT OF STONE=328.0 i,► S �090 �8y CLAY DAM v// / 12+p0 CLASS 3 _ — 20' WIDE UTILITY ` \ WETLAND ♦ Q�� co EASEMENT & ROW TE TO CITY OF SOUTH BURLINGTON RELOCATE MINIMUM 80' OF STONEWALL AND HEDGE ROW p c.o. 0 g LF ' FOR 470' OF CLEAR SIGHT i v — 327.75 13 `�� _ FD DISTANCE 40— PROJECT SIGN TO BE 3 LOCATED ON STONEWALL NEW SMH (BY OTHERS) I RIM = 335.50- 8" OUT = 323.60 \ '�G /�M #1A CB ,#7, 11+68, 14' RT (4) 2" SD26 PVC i SEE SH/ ET #8 RIM ELEV = 332.25 FORCEMAINS ,y6e �' i 6" IN == 326.40 8" IN = 326.40 30' ,� 4" FD IN 326.40 ' 12" OUT = 326.40 I i i SEE SHEET #17 SEE CONS TION , DETAIL 'A' SHEET #9 I C�AM 27 STABILIZED CONS C N / \;.'.:. MIN. FIRST FLOOR ENTRANCE — SEE S EET #12 ELEV = 336.4 NEW. -YARD INLET 30' WIDE UTILITY AND PA_ OFF EXIST EOP �� I EASEMENT AND RIGHT OF RIM ELEV = 336.9 / SMH#2 TO CITY OF SOUTH BURLIt 8" OUT = 332.4 t .•;, _ _ 6" IN = 330.19 PROJECT SIGN TO BE \� / LOCATED ON STONEWALL / 6" PVC TRENCH DRAIN FROM CRUSHED STONE ( IN MH TO YARD INLET (SEE SH#8) City of South Burlingwn 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658.7955 December 1, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Van Sicklen Road Dear Mr. Wessel: ZONING (802)658-7958 Enclosed is a copy of the October 13, 1998 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (218199) or this approval is null and void. If you have any questions, please give me a call. Joe q'eith, Director Planning & Zoning JW/mcp I Encl State of Vermont Department of Fish and Wildlife Department of Forests. Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD William B. Wessel 70 Highland Terrace South Burlington, VT 05403 RE: Amendment to Conditional Use Determination 41"190-397 Van Sicklen Road, South Burlington, Vermont Dear Mr. Wessel: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 802-241-3770 Fax #:802-241-3287 November 13, 1998 This letter serves to notify you that the proposed amendment to Conditional Use Determination #90-397 is approved. The proposed amendment has been publicly posted and notice sent to all parties as required in Section 8.3 of the Vermont Wetland Rules. The Agency of Natural Resources finds that the proposed amendment will not result in an undue adverse effect to any of the functions provided by the Class Two wetland or the adjacent 50-foot buffer zone located on Van Sicklen Road in South Burlington. This approval specifically amends Condition D to allow construction during the period of December 15 to March 15, when the ground is frozen, provided appropriate erosion control measures are used. Other than these revisions, all other aspects of this project shall be carried out consistent with the original proposal and the conditions listed in Conditional Use Determination #98-052. Sincerely, Canute Dalmasse, Commissioner Department of Environmental Conservation by: u kt1, W 1.5 a ' -- Wallace McLean CD/WM/pm Director, Water Quality Division cc: distribution list Regional Offices - Barre/Essex Jct./Pittsford/Rutand/N. Springfield/St. Johnsbury City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 November 19, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Van Sicklen Road Dear Mr. Wessel: ZONING (802)658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on October 13, 1998 (effective 11/10198). Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (2/8/99). If you have any questions, please give me a call. Joe eith, Director of Planning and Zoning JW,'mcp 1 F,ncl CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1 ) Name of Applicant Mr. William Wessel 2 ) Name of Subdivision Summersweet Subdivi 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application None 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: None 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and containing all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) fob a m nor subdivision. (Signature) applicant or contac person Date City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 November 12, 1998 Irene Roberge Agency of Natural Resources 111 West St. Essex Jct., VT. 05452 Re: Sewer Allocation, 250 Van Sicklen Rd. Dear Ms. Roberge: ZONING (802)658-7958 Please be advised that the South Burlington Planning Commission at their meeting held on October 13, 1998, approved a sewer allocation of 2160 g.p.d. for a four (4) lot subdivision at 250 Van Sicklen Rd. owned by William Wessel. This property is served by the Airport Parkway Wastewater Treatment Facility which has sufficient capacity to handle this additional demand. If you have any questions, please give me a call. Si Jo eith Di ctor of Planning and Zoning Cc: Dave Marshall MEMORANDUM To: South Burlington Planning Commission From: Joe Weith, South Burlington Director of Planning & Zoning Re: Comments, October 13, 1998 agenda items Date: October 9, 1998 4) WILLIAM WESSEL - 4 LOT SUBDIVISION - FINAL PLAT This project consists of the subdivision of a 48.79 acre parcel into four (4) lots of 5.1 acres (lot # 1), 5.49 acres (lot #2) 25.47 acres (lot #3, 19.07 acres in South Burlington and 6.4 acres in Williston), and 12.73 acres (lot #4). The preliminary plat was approved on 8/18/98 (minutes not available). This property located at 250 Van Sicklen Road lies within the SEQ District, the C.O. District and the Floodplain Overlay District. It is bounded on the north and west by residences and open land, on the south by residences and Van Sicklen Road, and on the east by open land and Muddy Brook. Access: Access to the four (4) lots is by a private r.o.w. 1300 feet in length and 60 feet in width. Section 401.10)(1)(a) of the subdivision regulations requires that a roadway serving four (4) or more separate residential lots be publically owned. This private road is proposed to be 20 feet in width and Section 401.1(k)(2) of the subdivision regulations requires that all private roadways be a minimum width of 30 feet with parking and 24 feet without parking. Section 401.1(g) of the subdivision regulations limits the length of a cul-de-sac street to 850 feet. The length of the street proposed is 450 greater than allowed. The preliminary plat approval waived the 850 foot cul-de- sac street limit, allowed the proposed roadway serving the four (4) lots to remain private, and waived the road width requirement to allow the roadway to be 20 feet wide. Preliminary plat condition #6 requires that in the event additional dwelling units or lots are created the private road must be upgraded to City standards and the road dedicated to the City as a public street including the reservation of a 60 foot wide row connection to the property to the north. Density: This property is allowed to generate a maximum of 50 units (42.39 acres x 1.2 units/acre = 50.87 units). The maximum units allowed on this parcel based on the development area of 17.1 acres as shown on the SEQ zoning map is 68 units (17.1 acres x 4 unit/acre - 68.4 units). The applicant is proposing four (4) units total. Memorandum - Planning October 13, 1998 agenda items October 9, 1998 Page 2 Lot size/frontage: The minimum lot size requirement of 1200 square feet is being met by all four (4) lots. As proposed, only lot #3 has frontage on a public street (Van Sicklen Road). The remaining lots are to be served by a private 60 foot r.o.w. Non -buildable area: Portions of lots are proposed to be located in a restricted area and under Section 6.602 of the zoning regulations, this triggers the designation of this development as a PRD. The applicant submitted a report addressing the PUD/PRD criteria under Section 26.151 of the zoning regulations (see enclosed). The house on lot #3 is proposed within a restricted area as shown on the SEQ zoning map. The applicant has addressed the criteria in Section 6.606 of the zoning regulations (see enclosed). The preliminary plat approval allowed the creation of lots for development in the "restricted area." Wetlands: There are approximately 27.5 acres of wetlands on the site. Approximately 0.63 acres of wetland and 2.45 acres of C.O. District/wetland buffer will be impacted by this project. The applicant has obtained a State Wetlands permit for this encroachment and submitted a letter from a wetland consultant regarding the affect of this encroachment on Section 3.503(a)-(e) of the zoning regulations. The Natural Resources Committee reviewed this plan and submitted comments (see enclosed). NR Committee recommends against development of houses in the floodplain and wetland buffer. This encroachment was approved by the Commission as part of the preliminary plat approval. Pedestrian Trail/Recreation Path: There is a dedicated recreation path easement on this property along Muddy brook which the City obtained from a previous property owner. The Recreation Path Committee reviewed this plan and has submitted comments (see enclosed). Sewer: The sewer allocation request is 2160 gpd (this includes the 20% reduction allowed by the State). The applicant will be required to pay the per gallon fee prior to permit issuance. Floodplain: No development is proposed within the 100 year floodplain. The plans have been revised to show no filling within the 100 year floodplain. Landscaping_ The applicant is proposing clumps of street trees with an estimated value of $4973. The proposed trees include Red Maple, White Pine and Weeping Willow. The size of the Maple 2 Memorandum - Planning October 13, 1998 agenda items October 9, 1998 Page 3 and Willows have been increased to a minimum of 2.5" caliper as required under the preliminary plat approval. Impact fees: The applicant should be aware that these houses will be subject to road, school and recreation impact fees. Legal documents: The applicant should be required to record a legal document which clearly states that the proposed road will be privately owned and maintained by the homeowners (see enclosed ). Building envelopes: The plans should be revised to show building envelopes on all four (4) lots. The building envelopes should be located entirely outside of the 100 year floodplain and the 50 foot C.O. District/wetland buffer. 5) JIM FOSTER - OFFICE BUILDING - SITE PLAN This project consists of constructing a 27,616 square foot 2-story general office building on a 1.96 acre parcel. A mixed use building was approved on this lot on 1/28/97 but never constructed (minutes enclosed). This property located at 120 Kimball Avenue lies within the IC District. It is bounded on the north by a single family residence, on the east by Shunpike Road, on the south by Kimball Avenue, and on the west by an undeveloped lot. Access/circulation: Access is proposed to be provided by a 24 foot curb cut on Shunpike Road and a 24 foot curb cut on Kimball Avenue. Section 26.103(a) of the zoning regulations states that "unless specifically approved by the Planning Commission there shall be a maximum of one driveway per lot accessing a public street." Staff does not see a problem with two (2) curb cuts since this is a corner lot. Circulation on the site is adequate. Agency of Natural Resources Department of Environmental Conservation NOTICE OF CONDITIONAL USE DETERNUNATION #90-397 A request to amend a Conditional Use Determination, required pursuant to the provisions of Section 8 of the Vermont Wetland Rules has been received from WM. D. Countryman Environmental Assessment and Planning, representative for William B. Wessel. Approval is being requested to amend Condition D of the Conditional Use Determination issued on March 16, 1998. The applicant proposes to amend Condition D to allow construction during the period of December 15 to March 15. The wetland is located off of Van Sicklen Road in South Burlington. This wetland has been designated as a significant (Class Two) wetland by the Vermont Water Resources Board. Copies of the existing Conditional Use Determination are available for review at the Vermont Wetlands Office in Waterbury. Conditional Use Determinations may only be approved if it is shown that the proposed conditional use will not have an undue adverse impact on the functions and values of any significant wetlands or their adjacent buffer zones. This request for an amendment will be approved as a minor amendment if no adverse comments are received during the comment period. Any person may file comments in writing on this application through November 12, 1998 with: Padraic Monks, District Wetlands Ecologist Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, VT 05671-044,08 04-Padraic Monks District Wetland Ecologist PM\pu Enclosure cc: Distribution List City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 October 22, 1998 William Wessel 70 Highland Terrace .South Burlington, Vermont 05403 Re: Four (4) Lot Subdivision, Van Sicklen Road Dear Mr. Wessel: ZONING (802)658-7958 Enclosed is a copy of the July 21, 1998 Planning Commission meeting minutes. If you have any questions, please give me a call.. ly, Weith, ,ctor of Planning & Zoning JW/mcp I Encl PLANNING COMMISSION 21 JULY 1998 Mr Bresee explained the history of the rec path that was not built and is no longer planned. With the golf course development, that piece of the path no longer makes sense, but there is a rec path reserved that will serve the purpose. Residents noted this is a very emotional issue, and the neighbor -hood is very much against the proposal. The openness will be gone for the most part. It will also narrow things up. Mr. Dinklage asked if anyone saw where the developer could put in 7 more lots so as not to invade the open space. Mr. Warshaw suggested not going beyond the original cul-de-sac and possibly having only 6 more lots instead of 7. He showed a possible location and felt he would like to see some reasonable agreement. Another resident noted that deer and wild turkeys are part of the aesthetics and character of the neighborhood and will be lost. Mr. Burgess replied that the same argument was made against the existing homes being built. Residents said they understood that but felt that if the houses were moved, it could preserve more of the open area. Mr. Burgess urged the developer to consider whether anything heard tonight would make sense. A resident asked if the neighbors got together with the developer and came up with a new plan that wasn't opposed by everyone, would it make the process easier for the Commission. Mr. Burgess said the applicant would still have to file an amended final plat, but there might be less testimony. Mr. Dinklage added that the Commission is always interested in anything that might make a better development. Mr. Beaudin stressed that South Burlington is a city, and people need a place to live. Mr. O'Rourke then moved to continue to application until 25 August Mr. Dinklage seconded Motion passed unanimously. 6. PUBLIC HEARING: Preliminary Plat Application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (10.07 acres in South Burlington), Van Sicklen Road: It was noted that there are not enough members present who can hear this application due to conflicts of interest. Mr. Dinklage moved to postpone the hearing until 11 August due to lack of a quorum. Mr. O'Rourke seconded. Motion passed unanimously. 5 DRAFF 10/ 13//98 MOTION OF APPROVAL WILLIAM WESSEL I move the South Burlington Planning Commission approve the final plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road, as depicted on an 11 page set of plans, page one entitled, "Four Lot Subdivision Summersweet Development William Wessel Van Sicklen Road South Burlington, Vermont," prepared by Vermont Land Surveyors, dated June 12, 1998, last revised on 9/16/98, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. In accordance with Section 6.602 of the South Burlington Zoning Regulations, the Planning Commission approves the creation of lots for development upon land designated as "restricted area" on the Southeast Quadrant Official Zoning Map. It is the Commission's opinion that based on the information submitted by the applicant the proposed development will not adversely affect wetlands on the property. 3. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives the 850 foot cul-de-sac street length limit provided in Section 401.1(g) of the subdivision regulations and approves a length of 1300 feet. It is the Commission's opinion that the 1300 foot length will not result in unsafe or inefficient traffic conditions since only four (4) homes are proposed. 4. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.10)(1)(a) of the subdivision regulations and allows the proposed roadway serving four (4) lots to remain private. 5. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.1(k)(2) of the subdivision regulations and allows the private roadway width to be 20 feet. 6. In the event any additional dwelling units or lots are created within this development, the private road shall be upgraded to City standards and shall be dedicated to the City as a public street, including the reservation of a 60 foot wide r.o.w. connection to the property to the north. 7. The Planning Commission approves the encroachment of a nonconforming activity impacting approximately 0.63 acres of wetland and 2.45 acres of C.O. District/wetland buffer pursuant to Section 3.503 of the zoning regulations. It is the Commission's opinion based on a letter dated 5/1/98 from Arthur Gilman that the project will not affect adversely the attributes listed in Section 3.503(a)-(e) of the zoning regulations. 8. The Planning Commission approves a sewer allocation of 2160 gpd (this includes the 20% reduction allowed by the State). The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The roadway serving this development shall be completed within ten (10) years of final plat approval. The sewer allocation for any lots served by portions of the roadway which are not completed within this ten (10) year time frame shall be lost unless reapproved by the Planning Commission. The applicant shall be required to pay the per gallon fee prior to permit issuance. 9. No zoning permit shall be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 10. Prior to the start of road construction, the applicant shall post a $4973 landscape bond. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 11. The plat plan shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning. Three (3) copies of the approved revised plat plan shall be submitted to the Director of Planning & Zoning prior to recording. a) The plat plan (sheet 1) shall be revised to show building envelopes on all four (4) lots. These building envelopes shall be located entirely outside of the 100 year floodplain and, with the exception of lot #3, the 50 foot C.O. District/wetland buffer. 12. The applicant shall record a legal document approved by the City Attorney which clearly states that the proposed road will be privately owned and maintained by the homeowners unless additional dwelling units or lots are approved in which case the roadway shall be upgraded and become a public street. 13. The pumping station alarms shall be lights only. There shall be no horns used as shown on the plan. 14. The pumping station piping shall include a connection for an emergency pump. 15. The City Water Department shall be provided a set of utility plans prior to issuance of the first zoning permit. 16. The gravity sewer mains shall be bedded in 3/4 inch crushed stone. 17. Any change to the final plat plans shall require approval by the South Burlington Planning Commission. 2 18. This approval is for four (4) single-family lots. The creation of any additional lots and/or residential units shall require approval of the Planning Commission. 19. The final plat plans (sheets L 1, C 1, C2 and survey plat) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning & Zoning. BRAFF 3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 October 9, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: Multi=Family. Dwelling,-60 Farrell Street Dear Mr. Wessel: ZONING (802)658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, October 13, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call ing JW/mcp Encls /1,0"LF STONE STORM OUTFACE111*1 i #tA, 10+50, 140' LT \ /FOOTING DRAIN TO ' REAR OF LOT RIM ELEV = 331.0 \ , 8" IN = 322.05 - - CB #8, 11+68, 14' LT 8" OUT = 322.00 \ \ \ RIM ELEV = 332.25 _ (2) 6" IN = 326.20 i 55A FOOTING-DIRAIN TO \ - 12" IN = 326.20 REAR OF LOT 12" OUT = 326.20 6" IN = 327.5 11 OLF GRASS 5 5 \ ..� SWALE - 330 5 4 SEE SHEETS 15&16 MAINTAIN `POG I� 9c^ MINIMUM HORIZONTAL SEPAR SMH #1, 11+05, 6.0 LT �N 7c BETWEEN STORM PI \ ` RIM ELEV = 333.39 AND WATERLINES (3) 8" IN = 322.85 \ ao 0�s2 8" OUT = 322.78 \ o r W 6" OUT OF STONE=328.0 r'c,+ S 'A CLAY DAM CLASS 3 20' WIDE UTILITY' WETLAND EASEMENT & ROW 1' ♦ Q� 6�� ,-'�� 'E1E TO CITY OF SOUTH � F,CD ♦ / 6' CON BURLINGTON =LOCATE MINIMUM 80' OF -ONEWALL AND HEDGE ROW D C.O. 0 , )R 470' OF CLEAR SIGHT I V 327.75 STANCE PROJECT SIGN TO BE �\ F� QF�`F /� - 34° 1 s LOCATED ON STONEWALL- x SEWER STUB INV = 323.60 / ,�OxO .1i �M #1 A ' �' CB #7, 11 +68, 14' RT I SEE SHEET #8 RIM ELEV = 332.25 i 6" IN = 326.40 8" IN = 326.40 \\f ' 4" FD IN = 326.40 30' / `\ �' 12" OUT 326.40 SHEET #17 SEE CONSTRU TION I DETAIL 'A' SHEET #9 I CLAY,ISAM sV'� STABILIZED CONS CTI N}'. 1 MIN. FIRST FLOOR e� U / ENTRANCE - _ .. ELEV = 336.4EET #12 G NEW ARD INLET "'� � s OFF EXIST EOP 30' WIDE UTILITY AND PATH V $' I EASEMENT AND RIGHT OF WAl RIM ELEV = 336.9 SMH#2 TO CITY OF SOUTH BURLINGTC 8" OUT = 332.4 6" IN = 330.19 PROJECT SIGN TO BE LOCATED ON STONEWALL j �• ^�• 6" PVC TRENCH DRAIN r�j � ���:•. FROM CRUSHED STONE IN MH TO YARD INLET \� " 0 (SEE SH#8) �\ �� All �161L)Qo, FAR s � RELOCATE MINIMUM 80' OF STONEWALL AND HEDGE ROW AIL FOR 470' OF CLEAR SIGHT DISTANCE /� �, Town Manager Sepptember 24, 26 & 28, 1998 INVITATION TO BID The Town of Colchester seeks qualified bidde for a CRT Based m= munication Consol . Bid packages may be obtained at the T n Offices, 172 lakely Road, Colcheste with scheduled opei n set for Oct. 16, 1998. For more informatin call 802-655-0704. September 25 & 26, 1998 LEAD MECHANIC Non-profit provider of advanced residential energy performance serv- ices, funded primarily by grants to low-income ouseholds, seeks "work- ing foreperson" to lead crew installation of energy efficiency retrofits to building shell. Blown insu- lation, carpentry & use of diagnostic tools. $10.03 + excellent benefits, de- pending on exper. Based In Burlington. LETTER with resume by 9/28, 9AM to: Champlain Valley Weatherization Service, PO Box 1591, Burlington, VT 05402 EDE NOTICE OF .. PUBLIC HEARING Notice is hereby given that a public hearing will be conducted by the Ver- mont Economic Develop- ment Authority (VEDA) at 9:00 a.m. on October 13, 1998 at its offices at 58 East State Street, Montpelier, Vermont 05602, regarding the proposed issue of ap- proximately $2,275,000 of industrial development revenue bonds pursuant to Subchapter 4 of Title 10, V.S.A. Chapter 12 (which bonds will not constitute a debt or pledge of the faith of the State of Vermont or VEDA), to finance the proposal of Champlain Cable Corporation (for- merly Haveg Industries, Inc.) (the "Borrower") and approve a project consisting generally of the refinancing of: a) the construction of an approximately 60,000 square foot addition to the Borrower's existing manufacturing plant lo- cated at 12 Hercules Drive in the Town of Col- chester, Vermont for use In the manufacture of in- sulated wire and cable; and b) the acquisition and in- stallation of production equipment to be used therein. All persons who desire to be heard on the pro- posed Issue of industrial d6velopment revenue bonds are invited to at- tend the public hearing. n comments and g al inquires may be d to VEDA at the ,your buslness %:ai tlse in our °ferdces. DI - Call 658-3321 a7. r 5 27-31215. September 30, V1998 at 11:30 AM. For informa- tion and bid documents, contact the Business Office 5.50 Dorset VT 05403. 652-705 SepPtember 26, 27 & 1998 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington ty Hall, Conference R m, 575 Dorset Stree , 0uth Burlington, Vermont n Tuesday, October 13, t 730 P.M. to consider the "'- following: Final plat application of William Wessel to subdi- vide a 48.79 acre parcel (42.39 acres in South Burlington) into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres and 25.47 (19.07 acres in South Burlington), Van Sicklen Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman South Burlington Planning Commission September 26, 1998 SHELBURNE SCHOOL DISTRICT Separate sealed bids for the construction of a one story storage area at the Shelburne Community School will be received by the Shelburne School District at the Office of the Superintendent of Schools, Chittenden South Supervisory Union, 363 CVU Road, Hinesburg, VT until 1:00 P.M on Wednesday, Oc- tober 7, 1998 and then at said office publicly opened and read aloud. Copies of the contract documents may be ob- tained by calling the Chit- tenden South Supervi- sory Union office at 802- 482-3885. A pre -bid meeting is scheduled at the project site at 9:00 a.m. on Octo- ber 1, 1998. All prospec- tive bidders are required to attend this meeting. SepPtember 26, 27 & 28, 1998 TOWN OF BOLTON ZONING BOARD OF ADJUSTMENT NOTIC OF PUBLIC HEARING OCTOBER 12, 1998 The Town of Bolton Zoning Board of Adjust- ment will hold a public hearing at the Bolton Town Hall on Monday, October 12, 1998, to hear and act upon the following matter: Pursuant to Article IV, Section 3, entitled Ap- peals and Variances, of the Bolton Zoning Ordi- nance, adopted July 26, Clerks* - - New convenience store, full/part time, all shifts, pay up to $7/hr.Call John 860-5850 or stop by hamplain Farms Exxon, 801 Williston Rd. *CASHIERS* Full/part time cashiers, 'WAshifts. Pay upp to $7. C Howard 655-9822, Tris 879-52332, Beck 655-4336 ACCO NTANT, STAFF Experi ce required. We are a st-paced, fast- growing entral Vermont Compan with multiple location We are looking for an nergetic & moti- vate91,Andividual who can independently and meet deadlines. This po- sition will focus around cash and inventory anal- ysis as well as helping with payroll. PC experi- ence required. Knowl- edge of LAN's is helpful. We are an equal oppor- tunity employer with a comprehensive benefits package and competitive salary range. Send resume and cover letter to: STAFF AC- COUNTANT, RR2 Box 1566, Halstrom Road, Northfield, VT 05663. ACCOUNTANT wanted for optical com- pany in Rouses Point, N.Y. 4 year degree in Ac- counting required with minimum experience of 2 years in a public ac- counting firm with audi- ting experience. CPA preferred. Salary, $30,- 000 annum. Please send resume to: Mrs. Rebecca Brewster, c/o Imperial Optical Inc., One Lincon Blvd., Rouses Point, N.Y., 12979. Tel. (518) 297-2511. Fax (518) 297- 3709. email: imperialopti- cal@worldnet.att.net. ACCOUNTING Local Auto Dealership is seeking a person to per- form general office Ac- counting duties. Experi- ence preferred in Automotive Accounting, but willing to train the right candidate. Duties include accounting, title research, cash handling, bulk de- posits. Must be a strong team player, room for ad- vancement. Pay commen- surate with experience. Apply in confidence to: Free Press Box # 29 Burlington, VT 05402 ADDISON COMMUNITY ACTION/CVOEO Full- time Community Serv- ce,/Housing Field Advo- cate position available. Communication, advo- cacy, problem solving, and negotiation skills vi- tal. Solid understanding of needs of the homeless or "at risk" homeless population. Previous ex- perience in landlord/te- nant or housing issues essential. Valid driver's license and private trans- 9rtation necessary. .65 per hour start and benefits. Bargaining unit position. Cover letter and resume to Desi Garen, ACA/CVOEO, PO Box Q7 KAli,111n1.„r„ t/T Uumny prulect manager needed for 40 person firm with international practice. Career opportu- nity. Morris/Switzer & Associates, 185 Talcott Road, Suite 100, Williston, VT 05495. 802-878-8841 ARCHITECTURAL WOODWORKING Com- pany seeks skilled, expe- rienced cabinetmakers to build high quality corpo- rate furniture. Excellent benefits. Submit resume to: Wall/Goldfinger, Inc. 7 Belknap Street Northfield, VT 05663 Assistant Teacher for new YMCA Infant and Toddler Program. Asso- ciate Degree in ECE/re- lated field or CDA re- quired. Great benefits & potential for Professional growth. Call Paula or Sherry at 864-6436 for application & information ASSOCIATE DIRECTOR OF ADMISSIONS Trinity College of Vermont seeks an enthu- siastic, dynamic and ex- perienced leader for the college's recruitment program. The successful candidate will have ad- missions and enrollment management experience, effective staff training, management and devel- opment techniques, abil- ity to work collaboratively with diverse constitu- encies, and excellent in- terpersonal, communica- tion and presentation skills. Master's degree preferred. For full con- sideration, send cover letter and resume with names of three refer- ences by October 7, 1998, to: Human Resources Trinity College of Vermont 208 Colchester Ave Burlington, VT 05401 AA EDE AUTOMOTIVE SALES National award winning dealership is in search of an established automotive sales professional. Women are encouraged to apply. Great opportu- nity for a self starter. Ex- cellent pay plan & bene- fits. Please contact Mark Benoit -Sales Manager 658-1130 ext 214 Lewis Acura 1301 Shelburne Rd South Burlington, VT automotive -NISSAN- OF SOUTH BURLINGTON Recent growth and promotions in our organization has created an opening for a: -BUSINESS- MANAGER Direct confidential Inquiry to: Mr. Shapiro or Mr. Quinlan (802) 864-7400 (800) 888- 9133 preferred. For full con- sideration, send cover letter and resume with names of three refer- ences by October 7, 1998, to: Human Resources Trinity College of Vermont 208 Colchester Ave Burlington, VT 05401 AA EOE AUTOMOTIVE SALES National award winning dealership is in search of an established automotive sales professional. Women are encouraged to apply. Great opportu- nity for a self starter. Ex- cellent pay plan & bene- fits. Please contact Mark Benoit -Sales Manager 658-1130 ext 214 Lewis Acura 1301 Shelburne Rd South Burlington, VT AUTO MECHANIC Min- imum 1 year experience, must have own tools. Ex- cellent benefits including profit sharing. Apply in person Memeke Dis- count Mufflers, Green Mountain Dr., So. Bur- lington. CARPENTER Experienced in housing. LABORERS also needed. Call 878-5360 after 5pm. EMPLOYMENT 12 AUTO MECHANIC Exper. & own tools, valid driver's license. Salary negot. Apply at NO YES AUTOMOTIVE. "Sold the First Day". We hear this everyday from successful ad-, vertisers. Free Press Classifieds work. Call us at 658-3321. We can help you make your ad work. AUTO MECHANIC Min- imum 1 year experience, must have own tools. Ex- cellent benefits including profit sharing. Apply in person Meineke Dis- count Mufflers, Green S Mountain Dr., o. Bur- lington. AUTO TECHNICIANS Heritage Toyota... Needs Flat Rate Techni- cian with at least 2 plus years of dealership ex- perience (or equivalent). If you are able to turn in some serious hours and want to work in a team environment, consider our Toyota Service De- partment. Heritage offers top pay, paid holidays & vacations, medical/den- tal/life insurance, & 401(k) plan & flexible spending accounts (cafe- teria plan). Contact Coddy at 865-8270 for a confidential interview or apply in person during regular business hours. TOYOTA Swanton. and Stowe. pplicants, must be Killed, dependable and )otivated individuals to ssist in commercial con- struction projects. Excel- lent compensation and benefits package offered j�cluding health dental, to and disability insur- nce, 401 k, vacation, holi- Qays, and monthly safety and variable pay. Applications are available 111' our main office Exit 16, 189, 2000 Mountain View Dr., Park Place on Water Tower Hill, Colchester, VT 05446. No phone calls Please. CHIMNEY TECHNICIAN competitive wages for perience. Call David. 802-658-3253. 802-863- 3546, evenings after 7. DENTAL HYGIENIST needed for busy compre- hensive general practice, send resume attn: Office Manager, Edward Kollar DDS & Associates, 294 Upper Main St, Morris - Ville, VT 05661 or call 802-888-7766 ask for Of- fice Manager, TIRE CHANGER )erienced. Valid driv- license. Salaryy ne- Ap�ly at NOYES AU_ MOTIVE. IUTOMOTIVE PARTS COUNTER PERSON Experienced required but will train the right person. We offer an Excellent Benefit's Package. Contact Mark Ploof, Parts Manager Goss Dodge '485 Shelburne Rd 802-658-0120. UTO TECHNICIANS Heritage Ford.. eeds full time Techni- Ins to diagnose, repair service domestic vehi- -s. We are offering a 000 hiring bonus and > opportunity to work a flat rate shop that is vays busy. If you are experienced Techni- n with either ASE or Inufacturer's certifica- ns or have extensive alership experience, e us a call. Heritage ers top pay, paid holi- ys & vacation, med- d/dental/life insurance. 1(k) plan & flexible nding accounts (cafe - plan). Contact Paul 869-8298 for a confi- rltiallnterview or apply person during regular 9ktess hours. South Burlington Zoning Regulations Development Criteria Section 26.151 Summersweet 4-Lot PRD 250 Van Sicklen Road South Burlington, Vermont ( a) Will not result in undue water or air pollution. 1) The project has requested service by the South Burlington Municipal Sewage Treatment Plant based on the following design flow: Residential Two 4-Bedroom Homes x 150 GPD/Bedroom 1,200 GPD Two 5-Bedroom Homes x 150 GPD/Bedroom 1,500 GPD 20% Municipal/Low Flow Fixture Credit ( 540 GPD) Subtotal 2,160 GPD Infiltration (None - All Force Mains) 0 GPD Total 2,160 GPD Wastewater from the project will be sent to the "Old Stone House" subdivision pumping station off of Van Sicklen Road. No pollution will occur as no waste water will be treated on site. 2) The elevation of the one -hundred year flood plain is 324 feet. The property rises in a westerly direction from Muddy Brook to an elevation of 356 feet. All road improvements and house locations will be outside of the flood plain and all house basements will be at elevations above the flood plain. The "wetland protection boundary" on lot 3 includes a part of the one -hundred year flood plain; it will be marked by pins and trees to prevent improvements in the one -hundred year flood plain. 3) Precaution will be taken to protect ground and surface waters through siltation barriers during construction (See C-4 Erosion Control Plan) and through permanent marking of the "wetland protection boundary" zones with pins and plantings (See the plat prepared by Vermont Land Surveyors and the 50 scale Master Plan prepared by Terry Boyle). Deed restrictions on the lots will keep improvements inside the "wetland protection boundary" zones. 4) All state regulations will be followed. ( b) Will have sufficient water available for the reasonable foreseeable needs of the development. Public water will be extended to the "Old Stone House" subdivision and will also serve our project. The project has requested water allocation from the City of South Burlington with a total daily water supply demand of 2,430 GPD. The South Burlington Water Department has been contacted and pressures and capacity verified. ( c) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. Soil erosion will be controlled by following the Erosion Control Plan on page C-4 of the plans. No reasonable reduction of the land to hold water will take place. See the Wetlands Permit. ( d) Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways, existing or proposed. The project will generate 10 trips per day per house for a total of 40 total trips per day. Each house will generate 1 trip at the peak -hour for a total of 4 peak -hour trips. The addition to traffic on Van Sicklen Road will be insignificant. ( e ) Will not cause an unreasonable burden on the ability of the City to provide educational services and facilities. See the attached letter from School Superintendent Chattman stating that the South Burlington Schools have adequate capacity to accept the children anticipated as a result of this development. Using the ratio of 0.5 children per unit, the project would add only 2 children to the district. (f) Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities. We do not believe that the project we have proposed will place a burden on municipal or governmental services. Due to the high values of the homes proposed on these lots we expect they will generate revenue in excess of the costs to the city. ( g) Will protect important natural resources including streams, wetlands, scenic views, wildlife habitats, and special features such as mature maple groves or unique geological features. This subdivision was designed with only 4 lots on 48 plus acres in order to conserve the natural features of the land . We first determined the sensitive areas on the land and located the development so as to minimize the impact on Muddy Brook, the flood plain, and the wetlands. The subdivision will protect the wildlife corridor along Muddy Brook as the nearest house (on lot 3) is over 300 feet from Muddy Brook. ( h) Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with surrounding developed properties, and will protect rare and irreplaceable natural areas and historic sites. The subdivision design is based on protecting streams, wetlands, views and wildlife. Open space will be preserved with the low density of development. The road will be curved and located to minimize wetland crossings. Very few trees will be removed and of those many will be tree -spaded to new locations. The density is compatible with the nearby lots which are mostly smaller and with the large lot zoning in Williston. There are no rare and endangered species on our site, see our Wetland C.U.D. Permit. There are possible archeology sites on the land. The State Archeologist has outlined the possible locations. We do not propose to disturb them in any way. (i) Will provide convenient allocation and distribution of common open space in relation to proposed development and will conform with the City's recreation plan. Open space will be preserved with the low density of development and deed restrictions for improvements to be made only in the "wetland protection boundary" on each lot. The "wetland protection boundary" will be defined on each lot by setting pins and planting trees and shrubs on the corners and boundaries. Outside the "boundary" no structures can be built or regrading take place. The pedestrian easement already granted to the City helps fulfill the City's recreation plan. (j) Will provide efficient layout and high -quality installation, construction, and maintenance of streets and public facilities and will conform with the City's street and utilities plan. No public roads are proposed. The sewer system consists of a private septic tank and pump station at each house connecting by force main to the city pumping station to be built at the Old Stone House subdivision. The water system consists of a water main with one hydrant and water services to each house. All services are to be built to city and state standards. See plan C-2 Site Utility Plan. We have agreed to enter into an agreement with the city that, if in the future any of the lots are further subdivided, the then owners will have to install city streets and utilities. (k) Will provide for cooperation with adjoining properties in the extension of roadways, drainage facilities, and utility lines. None of the adjoining lots can easily be subdivided because of wetlands, steep slopes, and bowling alley lots to the north. ( I) Will conform with the City's Comprehensive Plan. We have made every effort to comply with the Comprehensive Plan. By preserving the wetlands, the Muddy Brook flood plain and wildlife corridor, and preserving open space we have conformed to the Plan's goals. H00H0000ia000�i0900000 P. 05 AGREEMENT AND WAIVER AGREEMENT by and between Rumid and Beatrice Prewust, hcreinaftacr referred to as "Owner" and the Town of Shelburne, hereinafter refemd to as "Municipality". WITNESS> TH; WHEREAS, Developer has received final subdivision approval from the Municipality's Phtwuing Coaullissioa for the construction and development of five (5) residential units in a development to be known as Cedar Haven U, as depicted on a fmal plat plan entitled "Final Subdivision Plan for Cedar Haven U, Ri.nald & Beatrice Precourt, Cedar Haven Road, Shelburne, Vermont" (the "Plat"), dated June 23, 1994, revised February 18, 1997, Project No. 9425, prepared by Vermont Land Surveyors, 4050 Williston Road, South Burlington, Vermont, and recorded in Map Slide of the Town of Shelburne Land Records; and WHTREAS, the subdivision will be serviced by a private roadway or roadways as depicted on the final plat; and WHEREAS, the Municipality has approved the final subdivision application with said private roadway or roadways subject to certain conditions; and WHEREAS, the parties desire to record a confirmation of said conditions to the effect that by granting said approval and otherwise authorizing said project, the Municipality bw not assumed, but rather has specifically disavowed any intention or obligation to plow, repair or otherwise maintain said roadway or roadways or to accept the same as public streets. NOW, THEREFORE, in consideration of the final approval of the Mutucipalitys planning Commission and other good and valuable consideration, it is covenanted and agreed as etc 03 ' 97 MED) t : 21 COMMvrricA::0N N, 26 PAba. y 8b�, b81-'?G : 0l cSS c -Ci?9 - E08 3 3d ' S : J0dd 8 T : �10 86 S= T -.k.Cw 0000®00©000©00000000 f'.06 follows; 1- The Owner will not apply to the Municipality to have said roadway or roadways accepted as it public street without first complying with all applicable conetr% .-lion requirements and specifications set forth .in the then existing zoning regulations, subdivision regulations or other applicable ordinances axed by-laws of the Municipality, the expense of complying with said requirements and specifications w be borne solely by the Owner. and its heirs, successors or assigns. 2. The Owner waives any rights it may have or claim by virtue of the Municipality's approval of said roadway or roadways to request the Municipality to accept the same as public streets. 3. T'hc Owner will not in the future change the location of said roadway or roadways nor extend said roadway or roadways without the prior approval of the Municipality's Planning Commission, nor shall it permit said roadway or roadways to service more than five (5) dwelling units without prior approval of the Municipality s Planning Commission. 4. The Owner, for itself and its heirs, successors and assigns, hereby waives any rights it, or any of them, now have or may hetea.fter acquire to seek plowing, repair or maintenance from the City with regard to said roadway or roadways. 5. The owner, and its heirs, successors and assigns, shall plow, repair and maintain said roadway or roadways at their vwn expense and keep the same in good order and repair. 6. Nothing contained in this agreement shall be construed as obligating the Owner to dedicate said roadway or roadways as a public street, and, similarly, nothing contained in this agreement shall be construed as obligating the Municipality to accept any such proffered 2 DEC 03 97 (WnD) 2; CQMMTrNICA-:ON N, 26 PA0E.6 20:3!FiH3 at_t-SIS'?6:Oi 0 ��I?--0__; _� 8T:1G_i ?ES SJT-,lHA,J 0000ia0®F700000Q908090 �. 07 dedication. 7. This agreement may only be amended or revoked upon written consent and approval by the Municipality. 8. This agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators, successors and assigns. Dated this day of 199 4 IN THE PRESENCE OF: OWNER Rinald Precourt Beatrice Precourt TOWN OF SHELBURNE By: STATE OF VERMONT CHMENDEN COUNTY, SS. At , Vermont, this day of I99—, personally appeared Rinald and Beatrice Pmwurt and they aeknowledged this instrument, by them signed and sealed, to be their free act and deed. Before me, Notary Public 3 DEC 09 ' 97 (WZD) 11, 22 COKMUN': CAT; ON No : 26 ?ACE 7 00000008860004�d0000Q1 P.Qy STATE OF VERMONT CHrMNDEN COUNTY, SS. At , Vermont, this day of 199, pemonally appeared duly authorized agent of the Townof Shelburne, and he/she acknowledged this instrtMent, by himlhcr sib and sealed, to be hivbcr free act and deed and the ftee act and dccd of the Town of Shelburnw. Before me, nmH1eMptac0wt�6wCCr nt.ww Notary Public 4 DEC c19 97 (WED) 11 22 So : 31-71Hd 2t-1 96 01 COMM::N?CAT:ON N..:26 PAOT 3. Comment: The house on lot #3 is proposed within a restricted area as shown on the SEQ zoning map. The applicant should address the criteria in Section 6.606 of the zoning regulations. Response: a: The house on lot #3 is set far back from the shared driveway to place it among the pine trees on the site. b: The fingers of floodplain that come into the area of the proposed house site are man-made drainage ditches and therefore not a part of the natural floodplain. The ditches are not extensive and do not add significant storage area for flood water. The ditches are surrounded on three sides by uplands. c: The State of Vermont Wetlands Conditional Use Determination (on file in the City records) allows us to fill the drainage ditches in this part of the floodplain and to build a house in this part of the wetland buffer zone. The State of Vermont Wetlands Office has judged this part of the flood plain and wetland buffer zone to not be significant. d: We are expecting approval from The Army Corps of Engineers shortly. e. There are no scenic view corridor or agricultural use issues. f. The purchaser of lot #3 will better be able to enjoy the lot if these ditches are filled to make a more level yard. g: See attached letter from T. J. Boyle to William Burgess dated March 9, 1992 regarding the restricted area on the Southeast Quadrant Zoning Map. 4. Comment: Encroachment into wetland buffer C.O. District is proposed. Applicant should address Section 3.503(a)-(e) of the zoning regulations with a statement from a wetland expert. Response: See attached letter from Arthur Gilman of W. Countryman and Associates. 5. Comment: The house on lot #3 is proposed to be constructed partially within the 100 year floodplain. This is not permitted under Article XX of the zoning regulations. Response: a: The fingers of floodplain that come into the area of the proposed house site are man-made drainage ditches and therefore not a part of the natural floodplain. The ditches are not extensive and do not add significant storage area for flood water. The ditches are surrounded on three sides by uplands. b: The State of Vermont Wetlands Conditional Use Determination (on file in the City records) allows us to fill the drainage ditches in this part of the floodplain and to build a house in this part of the wetland buffer zone. The State of Vermont Wetlands Office has judged this part of the flood plain and wetland buffer zone to not be significant. c: We are expecting approval from The Army Corps of Engineers shortly. W V Z o a 2 Qa4 RESOU9L INTEROFFICE MEMORANDUM TO: SOUTH BURLINGTON PLANNING COUNUSSION FROM: NATURAL RESOURCES COMMITTEE SUBJECT: WESSEL DEVELOPMENT, VAN SICKLEN ROAD DATE: 23 APRIL 1998 (802) 658-7955 575 DORSET STREET SOUTH BURLINGTON VERMONT, 05403 Development Review: Wessel Development, on Van Sicklen Road: The new plan complies with state wetland rules, and has a Conditional Use Determination. Comments: A) Houses # 2 & 3 are within the 50 ft. buffer zone. This is against S.B. zoning regulations. B) House # 3 appears to be partially within the floodplain. It is also within the wetland. This is against zoning regulations. C) Please see Zoning Regulation 3.402: We do not recommend granting a waiver to let the houses be built in the wetland or its buffer. The character of the vegetation will be altered by this use. Continued mowing will also adversely alter the vegetation. D) The site plan has no legend, and is hard to decipher. E) There appears to be a hedge in the wetland, on the south western quadrant of the plan. It is not clear whether this is proposed or existing. There should be no planting in the wetland. F) Density appears to be satisfactory. G) We recommend to put as a condition of approval that there be no mowing on wetland area, because this will change the character of the vegetation in the wetland. H) The NRC respectfully requests that the Planning Commission consider our comments from the 2/17/98 joint meeting, as these illustrate our recommendations here: "It may sometimes seem reasonable to permit development on certain projects even though there may be encroachments on wetlands or other natural resources. However, there is a cumulative effect of eroding wetlands that may not be immediately apparent. There is often a damaging effect on both urban and natural areas... Wetlands serve a critical purpose: prevention of floods and lake pollution. We must not lose sight of this essential function. " SOUTH Mx6NGTON RECREATION DEPARTMENT 575 DORSET STREET, SOUTH BURLINGTON, VT 05403 TEL: (802) 658-7956 FAX: (802) 658-4748 BRUCE OWEILL, CLP DIRECTOR THOMAS HUBBARD, CLP ASS'T DIRECTOR TO: South Burlington Planning Commission FROM: Recreation Path Committee RE: Summersweet Development DATE: August 4, 1998 The Recreation Path Committee reviewed the plans for the Summersweet Development at their meting last night. There currently exists a pedestrian trail easement, much of which is located in the Flood Plain. The committee recommended a connection be made from Summersweet Drive mid -way between Lots 3 and 4 and run in an east -west direction, making a connection to the existing easement and eliminate the section running north -south through the Flood Plain. Please let me know if you have any questions regarding this recommendation. SOUTH BURLINGTON SCHOOL DISTRICT Bruce C. Chattman 550 DORSET STREET Superintendent SOUTH BURLINGTON, VERMONT 05403-6296 OFFICE: South Burlington High School Tel. 802/652-7250 FAX 802/652-7013 email: brucec@sbsdl.sburl.kl2.vt.us June 2, 1998 Mr. William B. Wessel 70 Highland Terrace South Burlington, VT 05403 Dear Mr. Wessel: Thank you for the opportunity to review your proposed four (4) lot subdivision on Van Sicklen Road. As a result of recent construction, the South Burlington School District has the capacity at _ Central School to accept the children anticipated as a result of this development. As you are also aware, the City of South Burlington has adopted an impact fee structure to mitigate the impact of new development upon the schools. The needs of the South Burlington School District are satisfied by payment of this assessment. As you proceed through the Act 250 hearings, I will be available to complete the necessary school impact forms on your behalf. Best wishes for a sudcessful project. Please feel free to call me if you have any questions. Sincerely, Bruce C. Chattman Superintendent of Schools BCC/dbg cc:..Impact File Business; Office ,_. VI MD. MOTION OF APPROVAL WILLIAM WESSEL I move the South Burlington Planning Commission approve the preliminary plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road„ as depicted on an 1 1 page set of plans, page one entitled, "Four Lot Subdivision Summersweet Development William Wessel Van Sicklen Road South Burlington, Vermont," prepared by Vermont Land Surveyors, dated June 12, 1998, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. In accordance with Section 6.602 of the South Burlington Zoning Regulations, the Planning Commission approves the creation of lots for development upon land designated as "restricted area" on the Southeast Quadrant Official Zoning Map. It is the Commission's opinion that based on the information submitted by the applicant the proposed development will not adversely affect wetlands on the property. In addition, development will be kept out of the 100 year floodplain and a significant amount of open space is being preserved which will provide wildlife habitat and protect Muddy Brook. 3. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives the 850 foot cul-de-sac street length limit provided in Section 401.1(g) of the subdivision regulations and approves a length of 1300 feet. It is the Commission's opinion that the 1300 foot length will not result in unsafe or inefficient traffic conditions since only four (4) homes are proposed. 4. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.10)(1)(a) of the subdivision regulations and allows the proposed roadway serving four (4) lots to remain private. 5. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives Section 401.1(k)(2) of the subdivision regulations and allows the private roadway width to be 20 feet. 6. In the event any additional dwelling units or lots are created within this development, the private road shall be upgraded to City standards and shall be dedicated to the City as a public street, including the reservation of a 60 foot wide r.o.w. connection to the property to the north. 7. The Planning Commission approves the encroachment of a nonconforming activity impacting approximately 0.63 acres of wetland and 2.45 acres of C.O. District/wetland buffer pursuant to 1 Section 3.503 of the zoning regulations. It is the Commission's opinion based on a letter dated 5/l/98 from Arthur Gilman that the project will not affect adversely the attributes listed in Section 3.503(a)-(e) of the zoning regulations. 8. The Planning Commission approves a sewer allocation of 2160 gpd (this includes the 20% reduction allowed by the State). The length of time that this sewer allocation approval shall remain in effect shall be tied to roadway construction. The roadway serving this development shall be completed within ten (10) years of final plat approval. The sewer allocation for any lots served by portions of the roadway which are not completed within this ten (10) year time frame shall be lost unless reapproved by the Planning Commission. The applicant shall be required to pay the per gallon fee prior to permit issuance. 9. No zoning permit shall be issued for a lot until the street serving that lot has a gravel sub -base installed in conformance with City specifications. 10. Prior to the start of road construction, the applicant shall post a $4973 landscape bond. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 11. The plans shall be revised prior to final plat submittal as follows. a) The plan (sheet 1) shall be revised to increase the size of the proposed Maple and Willow trees to a minimum of 2.5" caliper. b) The utility plan (sheet 2) shall be revised to provide fire hydrants in a quantity and in locations approved by the Fire Chief. The survey plat shall be amended to sfiow an additional 20 fo t wide reere tion/pc4estriana ath easement running northalong the private road from Van Sicklen Road and then turning east between lots 3 and 4 and connecting to the existing 15(foot pedestfian easement. d) The plans shall be revised to show the proposed house on lot #2 located entirely outside of the 50' wetland buffer. .a e) The plans (Sheets C 1 and C4) shall be revised to show no filling within the 100 year floodplain. 12. The applicant shall record a legal document approved by the City Attorney which clearly states that the proposed road will be privately owned and maintained by the homeowners unless additional dwelling units or lots are approved in which case the roadway shall be upgraded to City standard and become a public street. 13. The pumping station alarms shall be lights only. There shall be no horns used as shown on the E plan. 14. The final plat application shall be submitted within 12 months. . [emorandum - Planning %July ? 0998 agenda items i July 17! 1998 . Page 7 As proposed, only lot #3 has frontage on a public street (Van Sicklen Road). The remaining lots are to be served by a private 60 foot r. o. w. Non -buildable area: Portions of lots are proposed to be located in a restricted area and under Section 6.602 of the zoning regulations, this triggers the designation of this development as a PRD. The applicant should therefore submit a report addressing the PUD/PRD criteria under Section 26.151 of the zoning regulations. The house on lot #3 is proposed within a restricted area as shown on the SEQ zoning map. The applicant has addressed the criteria in Section 6.606 of the zoning regulations (see enclosed). Wetlands: There are approximately 27.5 acres of wetlands on the site. Approximately .63 acres of wetland and 2.45 acres of C.O. District/wetland buffer will be impacted by this project. The applicant, has obtained a State Wetlands permit for this encroachment and submitted a letter from a wetland consultant regarding the affect of this encroachment on Section 3.503(a)-(e) of the zoning regulations. The Natural Resources Committee reviewed this plan and submitted comments (see enclosed). NR Committee recommends against development of houses in the floodplain and wetland buffer. Pedestrian Trail/Recreation Path: There is a dedicated recreation path easement on this property along Muddy Brook which the City obtained from a previous property owner. The Recreation Path Committee reviewed this plan and has submitted comments {see-enclosed�, Sewer: The sewer allocation request is 2160 gpd (this includes the 20% reduction allowed by the State). The applicant will be required to pay the per gallon fee prior to permit issuance. Floodplain: No development is proposed within the 100 year floodplain. Landscaping: The applicant is proposing clumps of street trees with an estimated value of $4973. The proposed trees include Red Maple, White Pine and Weeping Willow. The size of the Maple and Willows should be increased to a minimum of 2.5" caliper. Impact fees: The applicant should -be -aware that these houses will be subject to road, school and recreation impact fees. &U -i;7 �4 Legal document: The applicant should be required to record a legal document which clearly states that the proposed road will be privately owned and maintained by the homeowners, (see 4*wAesed -- Other: The applicant will be required to submit the survey plat in digital format. The digital format spec sheet was provided to the applicant. application of William Wessel to subdivide a 48.79 acre parce 2. acres in South Burlington) into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road. .7 s/- 4% i G j This project consists of the subdivision of a 48.79 acre parcel into four (4) lots of 5.1 acres (lot #1), 5.49 acres (lot #2), 25.47 acres (lot #3, 19.07 acres in South Burlington and 6.4 acres in Williston), and 12.73 acres (lot #4). The sketch plan was reviewed on 5/12/98 (-minutes-enclosed).- This property located at 250 Van Sicklen Road lies within the SEQ District, the C.O. District and the Floodplain Overlay District. It is bounded on the north and west by residences and open land, on the south by residences and Van Sicklen Road, and on the east by open land and Muddy Brook. Access: Access to the four (4) lots is by a private no.w. 1300 feet in length and 60 feet in width. Section 401.10)(1)(a) of the subdivision regulations requires that a roadway serving four (4) or more separate residential lots be publically owned. This private road is proposed to be 20 feet in width and Section 401.1(k)(2) of the subdivision regulations requires that all private roadways be a minimum width of 30 feet with parking and 24 feet without parking. t[ Section 401. l (g) of the subdivision limits the length of a cul-de-sac street to 850 feet. The length of // the street proposed is 450 greater than allowed. At the -last meeting, the Planning Commission wanted a condition added that requires the creation of a public street and r.o.w. connection to the north in the event any additional units or lots are created. Density: This property is allowed to generate a maximum of 50 units (42.39 acres x 1.2 units/acre = 50.87 units). The maximum units allowed on this parcel based on the development area of 17.1 acres as shown on the SEQ zoning map is 68 units (17.1 acres x 4 unit/acre = 68.4 units). The applicant is proposing four (4) units total. Lot size/frontage: The minimum lot size requirement of 1200 square feet is being met by all four (4) lots. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 September 30, 1998 Timothy Eustace, Esquire Stitzel, Page & Fletcher, PC P.O. Box 1507 Burlington, Vermont 05402-1507 Re: William Wessel, Summersweet Lane Dear Tim: ZONING (802)658-7958 Enclosed are legal documents and a plan for you to review. The applicant will be conveying easements to the City for a proposed four (4) lot subdivision. Final approval from the Planning Commission is expected on 10/13/98. Please contact Attorney Paradis at Bergeron, Paradis & FitzPatrick with any changes. If you have any questions, please give me a call. Sincerel Raymo . Belair, Zoning and Planning Assistant RJB/mcp 1 Encl PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, October 13, 1998, at 7:30 P.M. to consider the following: Final plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres and 25.47 (19.07 acres in South Burlington), Van Sicklen Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission September 26, 1998 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 September 29, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Van Sicklen Road Dear Mr. Wessel: ZONING (802)658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, October 2, 1998. If you have any questions, please give me a call. Since ly, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls MEMORANDUM To: Applicants/Project File, From: Raymond J. Belai Ling & Planning Assistant Re: Preliminary Comments, October 13 , 1998 agenda items Date: September 29, 1998 WILLIAM WESSEL - 4 LOT SUBDIVISION - FINAL PLAT — need survey plat — plans do not comply with preliminary plat condition #11a which requires that sheet 1 be revised to increase the size of the proposed Maple and Willow trees to 2.5" caliper. No landscaping plan was submitted. — show 50 foot C.O. District/wetland buffer. — plans must provide hydrants as directed by the Fire Chief. — applicant should indicate on a plan an allowable building envelope for each lot. — house on lot #2 with associated fill should be moved outside of the 50 foot C.O. District/wetland buffer. — plans should be revised to show no filling in the 100 year Floodplain (lot #3). This was agreed to by staff and applicant subsequent to the August Planning Commission meeting. JIM FOSTER - OFFICE BUILDING - SITE PLAN — plan should be revised to provide a 15 foot green strip on either side of the Shunpike Road driveway (see Section 25.107 of the zoning regulations). — provide details (cut -sheets) for all building mounted lights and show locations on plan. — the applicant should be aware that the road impact fee is approximately $ 15,000. — plan should show any HVAC or similar equipment which will be ground mounted, this equipment should not be placed in the front yards. JOHN LARKIN 1NC. - 70 ROOM EXTENDED STAY HOTEL - SITE PLAN — contours should be provided. — proposed landscaping is $16,933 short of the minimum requirement. — the parking aisle serving the two (2) handicapped spaces should be widened to 22 feet. — provide one (1) additional handicapped space. 1 MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: October 13, 1998 Agenda Items Date: September 18, 1998 WILLIAM WESSEL - 4 LOT SUBDIVISION - VAN SICKLEN ROAD 1. Four two inch private sewer lines along and crossing Van Sicklen Road for a distance of about 200 feet could be very expensive to the owners if a problem occurs. A manhole should be installed along the northerly side of Van Sicklen and a 8 inch pipe connecting it to the pumping station. The four private pipes connected to it. This line shall be City owned and maintained. There is about a 9 foot drop in elevation, so it can be done. 2. Pumping station piping should include a connection for an emergency pump. 3. City Water Department shall review the water main layout. 4. Gravity sewer mains shall be bedded in 3/4 inch crushed stone. PAUL VALOIS - 1996 WILLISTON ROAD 1. Plan should be done to a scale such as 1 " - 40' or 1 " = 20', etc. and noted on plan 2. Water and sewer services should be shown. 3. Contours especially for parking lot that may drain on adjacent property should be shown. JIM FOSTER - KIMBALL AVENUE - SHUNPIKE ROAD 1. Overhead power to serve this building is in violation of the City's policy of no overhead lines. 1 MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: October 13, 1998 agenda items Date: September 14, 1998 1) William Wessel Dated 8/19/98 Van Sicklen Road Is there a hydrant on Van Sicklen Road? 2) Paul Valois Dated 8/21/98 1996 Williston Road The applicant must follow the appropriate State code regarding office occupancy. 3) John Larkin, Inc. Dated 8/20/98 1700 Shelburne Road The building should have sprinklers and the plan should show the hydrant location. 4) 120 Kimball LLC Dated 8/24/98 120 Kimball Avenue The building should have sprinklers. 5) John Larkin Dated 8/27/98 Fayette Road Acceptable 1 MW For mercnana ';; w. - Sa Classi6•d Cotapon for details. a• essclassified,com Merchandise r Rmlelina MetBnala 2Q ?•tn9C81lnatInnlent8 3 ent. of maintaining our stan- 'acy and good taste, we Iht to refuse, cancel or g at any time. alwton free pm, and a Payment BON each in an amounteroent to one hundred p (100%) of the contract price, will t required. (40 CFR section Pets &&Ippkes Rows plies TWIII&Machines YidealTY/Stereo Wttasedto8uy/Swap T PLANNING COMMISSION The South Burlingti Planning Commissic will hold a public heari at the South Burlingt City Hall, Conferen Room, 575 Dors Street, South Burlingtc Vermont on Tuesdi July 21, 1998 at T P M To consider the Federal minimum wage rates and public work employment laws are ap- plicable. (40 CFR section 31.36(1)(5 and 6)) The BIDDER is required to take all necessary af- firmative steps to assure that Minority Firms, Women's Business En- terprises are used when possible 40 CFR section 31.36(e) Any BIDDER, upon re- turning the CONTRACT DOCUMENTS within 30 days after the actual date of BID opening and in good condition, will be refunded his payment. A pre -bid conference for prospective bidders will be held at the Village Clerk, One Memorial Sq., Orleans, VT. July 22 Wednesday. 1998. Representatives of the Engineer and State of Vermont will be pres- ent to answer questions from bidders and discuss DBE participation re- quirements. Warded to Heat Rooms for Red Roommal[N Wauted Apt". UnSamahed Apts. Famished Houses iotilent Condo, Rentals Vacatimslt Office/commuclial Mrs_BeaWs lal. 06 ii • N 49 40 f 0 41 42 Ramon Homes For Sale 62 ,B Uk.& ae Property 5S 44 GraidWeCo. 57 ,G culwAsomes 60 61 fd „ rFapu 62 EMPLO�YyMENT �y12 *AD SERVICES ES 11 CLERK Full time position avail- able for individual who en- 1h1A'1­ei­_Fridav ys learning multiple sks and working inde- endently. Must have lid driver's license, reli- ble vehicle and familiarity ith computers. Previous perience in an office tting desirable. Hours: it 8:30am- g: 5:00 m. ollowin Send resume to Bar- t) reliminary plat app ; 1) n of William Wes I bare Ross, Human Re- sources Director, Th to sir ivide a 48.79 re ` 42.39 acr in Burlington Free Press 191 College St., Burling parcel South ngt into to of 5.49 ton, VT 05401. The Burlington Free Press four (4) 12.73 is an Equal Opportune acres, 5.10 acres, acres, and 25.47 acres , ! Employer. We value diver sity among our employee (19,07 acres in South Burlington), Van Sicklen and cess daps ds on nize t fosterhat ln Road. an environment where a 2) Final plat application employees can contribut to their fullest potentia of L&M Partnership to amend a previously ap- The Burlington Free Pres Gannett Co. Inc. plan for a 73 lot is part of proved planned residential de- Auto velopment, Spear Street AUTOMOTIVE (Pinnacle @ Spear). The TECHNICIAN amendment consists of adding seven (7) lots for Bus service departme looking for Tech. ASE c a total of 80 lots, Spear titication helpful. Excelle Street. working environment fide July 3 & 4. 1996 NOTICE "The Board of School Directors of the South 11 Burlington School Dis- trict request sealed bids for Construction of Build- ing Canopy for South Burlington Central Ele- mentary School Bids will Copies of the applica-', lions are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington I Planning Commission i July 4, 1998 REQUESTFOR QUALIFICATIONS Burlington Community Land Trust (BCLT) and Housing Vermont plan to renovate two buildings containing 15 apartments I m Burlington, Vermont. Architects interested in being placed on a select' i bidders list are invited to contact Jan Mueller at Housing Vermont (802- benefits. For a CO tial interview, conta Peter or Dan at: Handy Chelt-Old 1-800-999-7097 Out-of,We Propert7 63 Camps & Campsites 64 Lots & Aaeage 65 Real Estate Wanted 66 Commercial 67 mobile Homes 66 if'f.s Air rs 1 J ■ Lilla 4W AufoilTrucks Ha" Equipment 72 WorkTrade 75 motorcycles 7E Antomolules 77 Auto Financmg 78 Can 76 & Older I9 Classic Cars so Sports Utilities & Mini Vas• 81 Auto Serme/Parts 82 EMP YOL MENT 12 EMPLOYMENT 12 CAREGIVER 30 yr old Cooks male seeks Come Join Our Team at & gaudriplegic care attendant to assist Pillsbury Manor. Full COOKS in getting up & putting to part time exp. needed at our new fa- bed. Must have expen- ence a plus. 863-3083 or ilitplan, medical fitsplanl, va� ak 863-6498. tion, sick time, personal CARPENTERS time off, holidays, com- Barone Construction is looking for dependable, pany paid life insur- ance.Please contact Ed skilled carpenter's. Posi- Farmer 863-2386 or 863- tion requires two years 7897 or come in & fill out experience, owning your an application @ 1530 own tools and having re- Williston Road liable transportation. Please call 878 0226. LINE COOKS & DISHWASHERS CASE MANAGER Sweetwaters is hiring to Send resume by July 9th 1 to: Naya Karmiohl, COTS, e PO Box 1616, Burlington, 1 VT 05402. EOE. s CASE MANAGER SEARCH REOPENED Needed to work with runaway & homeless youth. Exper. w/youth development model, cri- nt sis work, diagnosis & er- treatment of mental nt health issues, group & work & trauma issues.a n- must. MSW or equiv. ct req. Send resume & cover letter by July 20th g to: KEB, Spectrum 1 Stop, 177 Pearl St., Bur- - lington, VT 05401, EDE. tron I AUTO BODY Persons of color s g y encouraged to apply, MECHANIC for solid position for "Sold the First Day". steady worker with expe- We hear this everyday rience-, ideal working from successful ad - conditions, good fringe benefits. For appoint- vertlsers. Free Press Classifieds work. Call merit: 8164-4015, ext 136. us at SSS-3321. We AUTO DEALER can help you make your ad work. Sales Mgr. -Medium size dealer -outlying area. Body Shop Mgr.-Attrac- CASHIER Convenience store. Must be very reli- tive pkg. for exper. pro able, outgoing and good Sal Controller/Office Mgr.- with a cash register. Attractive opportunity for ary range to $8 per hour strong mgr Rutland Responses CON- , benefit package. Clark's Williston Sunoco area. FIDENTIAL. 878-4430. CAR PEOPLE .® Diredc Services Ralld'Iternodel Ercavatmg F rrewood/Fuel Home Sernces and Oa the Farm Farm Animals Farm Employment Fang Equip. Feed, Fodder and more... EMPLOYMENT 12 E� DRIVERS HA needed. Apply in per. CI son: Booska Movers, pt 180 Flynn Ave, Burling- h ton.864-5115 m DRIVERS WANTED gi For local appliance deliv- cl eries. Good pay/benefits. S 802-654-7866. s ELECTRICIAN V 4th year Apprentice, Journeyman, or Master e needed for FT position. H Must have valid drivers r license. Call D & B t Electric at 802-655-6822. ENVIRONMENTAL r ENGINEER ! Environmental Contract- H & ing Co., requires entry level position to prepare & UST closure assess- ments and assist in envi- ronmental investigations. BS degree or equivalent. Resumes to North Coun- try Environmental Serv- COOK ices Inc., 11 Mill St. Sweet Tomatoes Trattoria on the Market Barre, VT 05641. Place in Burlington is ESTABLISHED ENGI- applications NEERING FIRM seeks accepting for a Line Cook. Profes- senior level, civil engineer sional & responsible indi- to fill openng as a proj- Individual vidual sought for creative ect manager. be responsible for & fun environment. Benefits. Please apply in will design and project man - person, mornings. agemem of water & sani- systems for a tary sewer diverse client base. Addi- DESK tonal responsibilities Enthusiastic and out- going individual wanted Incl. staffing, budgeting, proposal preparation & for year round work at a marketing. Requirements fast paced desk in- incl. BS in civil engi- cludes mornings, eve- nings and weekends. If neering, Mass. registra- tion as a professional en - you're customer service gineer, and a min. 5 yr. oriented, apply in person at Twin Oaks Sports and progressive exper. re - lated to municipal utility Fitness. design & construction CUSTOMER SERVICE 50 yr. old companylook- management and dem- writ- tsk g ndi- ing for egg tten skills. Torbal app8 send vidual to add to our letter of intent &resume existing team. Extensive phone contact with cus- to: Human Resources, PO Box 568, Northamp- tomers. MUST BE SA- ton, MA 01061-0568. LES; SERVICE orfen- EXECUTIVE CHEF tated. Construction background helpful. If you enjoy challenges, people and phones apply in person or send re- sume The Overhead Door CO Sweet Tomatoes Tratto- tia in Rutland is rater- , Ene•rge t, viewing skilled prates- I and asp sionals for the Head ees nee-o St posits r, I, you are I e' oen, WM. D. COUNTRYMAN Environmental Assessment And Planning R.D.1, WINCH HILL NORTHFIELD, VERMONT 05663 802-485-8421 18 April 1997 City Clerk, South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Sir, Enclosed please find a copy of the Conditional Use Determination (CUD) application for Mr. Bill Wessel's Summer Field Development on Van Sicklen Road. I understand from Mr. Wessel that a copy I had sent on Monday (14 April) has not arrived in your office so I am forwarding a second copy. Abutters to the project have been notified that this application will be available at your office for review. Sincerely, Arthur V. Gilman AVG/s cc: Bill Wessel, Cathy O'Brien City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802)658-4748 PLANNING (802) 658 7955 August 7, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Van Sicklen Road Dear Mr. Wessel: ZONING (802)658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, August 11, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. i cerely, 1 a Joe eith, Cit Planner JW/mcp Encls AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET TOTAL # DEC PERMITS _ THIS IS NOT A PERMIT RESPONSE DAT PRE -APPLICATION REVIEW DISTRICT PENpING TOCf�APPLICATIONWN fG PIN # OWNER OF PROJECT SITE: ADDRESS: G� GffL�iNc� j�z'2AC� VT C50�/3 TELEPHONE: (o.2) Based on information provided by IG J iVE� of land of _fig t- acres, located on I/�V APPLICANT OR REPRESENTATIVE. NAME. ADDRESS: TELEPHONE: received on (al " 5 //0 A-L � &-,zv � *v�y, A41LAJ rP li/Aa-,e AzJO Prior Permits From This Office: u/, rN !� a project was reviewed on a tract/tracts The project is generally described as: FVo P�OPC�SEYJ ,P.�i, u/ PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PAR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). PARTY OR DAYS Commercial, residential or municipal project? Has the landowner subdivided before? Length of newlmproved road(s) AN ACT 250 PERMIT IS REQUIRED: n/where/# of lots COMMENTS: -A.—YES NO; Copies sent to Statutory Parties: t- YES NO i5 Gr1o�L M � e!'�` l *v- , -T�I'1L. S ���' QCteSS ENVIRONMENTAL COMMISSION FBRAb Z DISTRICTS #4,6 &9 1 111 WEST STREET SIGNATURE: b Duo\ ESSEX JUNCTION,VT 05452 Lns3 tnct Coordi ator DATE: q ADDRESS: Telephone: (802)879-5614 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED Water Supply & Wastewater Disposal Subdivision YES Tent/Travel Trailer Cam NO REGIONAL ENGINEER ASSIGNED —Floor Mobile Home Park _Floor Drains (UIC) Deferral of Subdivision Sewer Extension AGENCY OF NATURAL RESOURCES SIGNATURE: cu Jl7. Nj&tt-l'ua DEPT. OF ENVIRONMENTAL Environmental Assistance Division DATE: ADDRESS: CONSERVATION Wastewater Management Division Telephone: (802)879-5656 111 WEST STREET THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHERESSEX JUNCTION,VT 05452 NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACTTHER EIPARTMTS IEN SOINDICY BELOW AND ON THE REVERSE SIDE. ATED 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241,3822) Contact: Discharge Permit; pretreatment permits, industrial, municipal Indirect discharge permit Stormwater permits (state and federal, UIC) Residuals management sludoe disnnsm OTHEI; )RMITS AND REVIEWS YOU MAY NEED: (C. �ued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines L 200 bHP) WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: 696-6 a6ld, 509/ .=4E-0F5.:;L- Well head protection areas Bottled Water New Hydrants Construction Permit, water system improvements Permit to operate New Source WATER QUALITY DIVISION, ANR Contact: l�iP.l Hydroelectric Projects (241-3770) Use of chemicals in State waters(241-3777) Shoreland encroachment (241-3777) Aquatic nuisance control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate; (241-3770) Stream Alteration (748-8787/786-5906) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888) Underground Storage Tanks (241-3888) Hazardous waste handler notification requirement (241-3888) Asbestos Disposal (241-3444) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Composting Facilities (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) HW transporter certificate (241-3888) Waste oil burning (241-3888) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-2413700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Sprinkler Systems Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (241-2158) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2067) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nursedes (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. DEPARTMENT OF PUBLIC SERVICE (800-6423281) ✓ VT Residential Building Energy Standards (See Enclosure) 17. DIVISION FOR HISTORIC PRESERVATION (802-8283226) Histonc buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) t2 DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste 2 LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) 25. OTHER: REVISION DATE: — Form Date 11/97 Rev. 7198 MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: July 21, 1998 Agenda Items Date: July 2,1998 WESSEL - 4 LOT SUBDIVISION - VAN SICKLEN ROAD 1. The proposed road has an elevation drop of about 10 feet. A gravity sewer line would eliminate each house having to pump, install septic tanks and separate force mains. This should be looked into. 2. The four lot subdivision should have fire protection. 3. Street will be private. Maintenance including snow plowing shall be the responsibility of the four lot owners. 4. The pumping stations alarms shall be lights only. No horns as plans show. INVERNESS AT THE HIGHLAND - GOLF COURSE DEVELOPMENT Lot of units 110A and 110B at intersection of Golf Course Road and Park Road should have a 20' x 20' triangle easement for sight view purposes. TWIN OAKS TENNIS CENTER - TWIN OAKS DRIVE Site plan prepared by Peter Bergh Associates received June 22, 1998 is acceptable. GIGABYTES - WILLISTON ROAD The Williston Road r.o.w. line is the edge of the sidewalk not 4 feet beyond as plan shows. This should be checked. (Prelmb.mcp.wpd) CIVIL ENGINEERING ASSOCIATES, INC. P. O. Box 485 (802) 985-2323 SHELBURNE, VERMONT 05482 Fax No. (802) 985-2271 CHARLES R. DUNHAM President STEPHEN A. VOCK Vice President JEAN -CAROL DUNHAM May 27, 1998 Treasurer Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Summersweet Subdivision Van Sicklen Road, Williston, VT Municipal Impact Questionnaire Dear Mr. Weith: We are in the process of preparing an Act 250 amendment application for the development of a four lot subdivision located off of Van Sicklen Road in South Burlington. This project has been reviewed at the sketch plan level by the Planning Commission. We have enclosed a copy of the site plan for your review. We would greatly appreciate it if you would complete the attached Municipal Impact Questionnaire. If you should have any questions, please feel free to contact me at 985-2323. Respectfully, David S. Marshall, P.E. Project Engineer Enclosure cc: W. & D. Wessel (no enclosure) E:\OFFICE\W P W IN\LET,98188\ACT250\MUNIQUES. LET STUDIES - DESIGN- INSPECTION *TESTING SURVEYING 8 LAND DEVELOPMENT HYDRAULICS 8 HYDROLOGY SANITARY & WATER FOUNDATIONS & STRUCTURES CONCRETE & SOIL TESTING �' •11 % .L 60 .�% ax • _ — - • Wind it It All —I w z 1 $ �- Win millo CQ \- uarry �k' 116 'i • © .75x ' 1/ it .� i SiT u LOCA I 400 • - �' dmill 'On .,, i1 D • fJ • 0 _ o � Quar � •' if �- - : .00 1 N AR SUMMERSWEET SUBDIVISION o' SITE LOCATION MAP . USGS MAPPING 06 B SCALE 1" = 2000' �� •. n Civil Engineering Associates, Inc. / (�j Shelburne Vermont List of contiguous property owners William B. Wessel Summersweet Development Van Sicklen Road Highland Terrace 20 Soon K. and Mikyung P. Kwon 40 John W. and Patricia Trutor 50 Mark R. and Marsha S. Abrams Van Sicklen Road 300 Douglas J. and Doreen B. Kendall 200 Dr. David and Kathy Gage 333 C. Lynn and Jane G. Fife William E. and Sara Mikell (Williston) 125 Kyle Keefe (Williston) 133 James and Victoria Fraser (Williston) Hinesburg Road 1550 Nile A.' and Julie Duppstadt Summer Ice - c/o Staige Davis 360 Main Street Burlington, Vermont 05401 lik CIVIL ENGINEERING P. O. Box 485 SHELBURNE, VERMONT 05482 August 19, 1998 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Summersweet Subdivision Final Plat Submittal Dear Mr. Weith: ASSOCIATES, INC. (802)985-2323 Fax No. (802) 985-2271 CHARLES R. DUNHAM President STEPHEN A. VOCK Vice President JEAN -CAROL DUNHAM Treosurer Please find enclosed five copies of the supporting plans for the final plat submittal to the City of South Burlington Planning Commission for the Summersweet Subdivision located off of Van Sicklen Road. In addition we have enclosed the completed application, an application fee of $85 ($75 base fee + $10 for the filling fee). The applicant requests that the Planning Commission and City Staff rely upon information submitted as part of the sketch plan and preliminary plat plan applications in support of the requests for the waivers required for final approval. If you should have any questions, please feel free to contact me at 985-2323. Respectfully, David S. Marshall, P.E. Project Engineer Enclosures Application Application Fee List of Abutters 5 Copies of Plans One Copy of I V x 17" Plans cc: W. Wessel (w/out plans) F:\OFFICE\WPWIN\LET\98188\WErrHFIN.PLT STUDIES • DESIGN a INSPECTION • TESTING SURVEYING 8 LAND DEVELOPMENT HYDRAULICS 8 HYDROLOGY SANITARY 8 WATER FOUNDATIONS 8 STRUCTURES CONCRETE 8 SOIL TESTING 3 MEMORANDUM To: Bruce O'Neill, Re re tion Director oning & Planning Assistant From: Raymond J. Belat Re: William Wessel Subdivision, Van Sicklen Road Date: August 20, 1998 The South Burlington Planning Commission at their 8/18/98 meeting granted preliminary plat approval to William Wessel for a four (4) lot subdivision on Van Sicklen Road. This approval did not contain a condition to relocate a portion of the recreation path easement as recommended by the Recreation Path Committee. The Planning Commission was informed at the meeting that the recreation path easement follows an old road which is elevated slightly above the surrounding land which is wetland and in the 100 year flood plain. The Commission felt that the proposed easement location was more desirable since it followed an existing raised roadway than constructing a new path through a wetland. The final plat plan will be reviewed by the Commission at its October 13, 1998 meeting. MEMORANDUti1 To: South Burlington Planning Commission From: Joe Weith, City Planner Re: Comments, August 11, 1998 agenda items Date: August 7, 1998 3) CITY PLANNER'S REPORT a) Site plan application of Patrick Ayer to amend a previously approved plan for a 9761 square foot building consisting of 3200 square feet of vacant space and 6561 square feet of auto repair and service use. The amendment consists of expanding the area used for auto storage and parking, 4 Berard Drive. APPROVED b) Site plan application of Paul Adams to amend a previously approved plan for a 16,800 square foot building used for wholesale, warehouse and distribution. The amendment consists of site modifications and landscaping alterations, 1890 Airport Parkway. APPROVED 4 ) WILLIAM WESSEL - 4 LOT SUBDIVISION - PRELIMINARY PLAT This application was continued from the 7/24/98 meeting due to the lack of a quorum for this item. Staffs memo for the 7/24/98 meeting is enclosed for your review. Recreation path: The Recreation Path Committee at their 8/3/98 meeting reviewed this plan and submitted comments (see enclosed). The-Z$A will.consider-a-fequest--from-the applicant .for conditional use permit on 8/24/98. 5 ) DAVID SIl�IENDINGER - CONVENIENCE STORE & OFFICE - SITE PLAN This project consists of amending a previously approved plan for a service station with seven (7) fueling positions. The amendment consists of 1) replacing an existing canopy with a 30'x 66' canopy, 2) constructing a 15'x 25' canopy, 3) converting the service station to a convenience store (1920 square feet) including a deli/bakery with 12 seats, 4) adding one (1) fueling position for a 1 PLANNING COMMISSION 12 May 1998 page 3 voting. Mr. Teeson said he saw no compelling argument to add parking and would vote against it. Mr. Dinklage moved to table the application until 9 June to hear the owner's response to long-term parking and other issues. Ms. Barone seconded. Motion passed unanimously. 5. Sketch plan application of William Wessel to subdivide a 41.8 acre parcel into 4 lots of 5.5 acres (lot #1), 5.5 acres (lot #2), 18.5 acres (lot #3) and 12.3 acres (lot #4). A portion of the parcel to be subdivided lies within the Town of Williston, 250 Van Sicklen Rd: Mr. Crow stepped down due to a conflict of interest. Mr. Boyle said the project will be served by a private road. Because of the wetland, the road would be longer than allowed in the regulations, and they are seeking a waiver. Mr. Boyle also noted a change in flood plain calculations which should show an elevation of 324 instead of 326. Mr. Boyle said that the CO District boundary cuts through the property. The original Southeast Quadrant study was a "broad brush overview," he said, and there is language in the zoning ordinance that allows the Commission to adjust the boundary if data is presented to warrant and support it. They are asking to do that as part of the prd process. Wetlands experts have determined where the wetlands are, and they have approved a prd as the applicant has laid it out. The applicant needs to delineate areas of maximum disturbance to the site. This will be shown with plantings and there will also be pins to mark the area. They feel the locations for footprints and houses are reasonable, but they could be moved. One home would be in the buffer zone, but this was done to create a yard. Mr. Dinklage said he would want a stipulation that if there were any further subdivision, the road would be upgraded to city standards. Mr. Wessel said he thought that could be done. Members expressed no objections to the 20 foot wide road or to the length of the road. Mr. Teeson wanted language that the road would never be maintained by the city. Mr. Wessel said that was OK. Mr. Weith noted there is a requirement for street trees along private roads. The applicant wants a waiver from this and is asking for plantings around the wetland instead. Staff would like some street trees, perhaps in groupings. PLANNING COMMISSION 12 May 1998 page 4 Ms. Frazer, a neighbor, asked if there would be any street lamps on the road. Mr. Boyle said there would not. Mr. Beaudin asked about the hedge on the southwest lot. Mr. Boyle said that is existing but is not proposed. No other issues were raised. Mr. Crow rejoined the Commission. 6. Site plan application of Brian Waxler to raze two buildings and construct a 12,000 sq. ft. building for retail use, 1242 Shelburne Rd: Mr. Conger said they got Zoning Board approval for a 50' adjustment to the C-1 zone. He showed the existing site and noted that it is a narrow lot. They would take down 2 existing buildings and pavement and replace these with a retail building within the C-1 zone with access to the north of the property. The Zoning board required screening between the C-1 and R-4 zones, and they will plant 106 evergreens in 2 rows across the rear of the area. The property is located in a traffic overlay district which allows a maximum of 63 vehicle trip ends in the P.M. peak hour. The applicant calculates 58 for their uses (auto parts dealer and an undetermined second use). They estimate 12 employees. This will reduce the current sewer use. Mr. Dinklage said he supported closing one curb cut and widening the other. He also asked the applicant to comment on the request to rearrange the building and keep the two large trees. Mr. Conger said they don't have an agreement with Sleep Quarters and have done as much as they can about the curb cuts. Mr. Waxler said the other owners are unwilling to enter into an agreement. Mr. Weith said he understood the area in back of the building was set up to allow Sleep Quarters' trucks to get around the building. It seems they would be agreeable to a shared access arrangement. Mr. Waxler said the problem isn't Sleep Quarters; it is the owners of the property. Mr. Beaudin said the applicant could deny Sleep Quarters access to this property. Mr. Waxler said they are trying to be good neighbors. He noted there have been past problems with owners of the two properties. Mr. Burgess said Mr. Waxler is bending over backwards to help them, and it seems there would be leverage for an agreement. He said the Commission could require a fence as a condition of approval. There needs to be some cooperation. :. 3 0L REPLY TO MEMORANDUM To: Raymond J. Belair, Zoning and Planning Assistant From: Bill Wessel Re: Summersweet Sketch Plat, reply to memorandum Date: April 30, 1998 Comment: Four (4) single family lots are proposed to be served by a private road 1300 feet long. Section 401.10)(1)(a) of the subdivision regulations requires that a roadway serving four (4) or more separate residential lots be publicly owned. Response: We are asking for a waiver of section 401.10)(1)(a) for the following reasons: a. We have chosen to divide our forty (40) plus acre property into only four lots, ranging in size from 5 acres to 18 acres. In a previous sketch plat application we had proposed twenty (20) lots. The purpose for creating only four lots is to preserve the wetlands on the property, to offer a country living setting in the city of South Burlington, and to stay more in character with the rest of the neighborhood. We believe that a shared private driveway for the four lots better preserves the open meadow and country feeling than a public street. b. A gravel driveway with grassy swales has less impact on the wetlands of this site. Runoff is absorbed in the swales and is not concentrated in the water collection system of a public road. c. The nearby Old Stone House Farm subdivision recently approved on Van Sicklen Road has a private shared driveway serving four (4) homes. 2. Comment: Section 401.1(g) of the subdivision regulations limits the length of a cul-de-sac street to 850 feet. The length of the street proposed is 450 feet greater than allowed. Response: We are asking for a waiver of section 410.1(g) for the following reasons: a: The proposed private driveway is longer than 850 feet in order to preserve the wetlands. The path of the road goes from one upland area to the next, minimizing the crossing of the wetlands, but adding considerably to the length of the road. b: The proposed driveway is shared by four homes for only the first 500 feet of its length. After 500 feet the driveway is shared by three (3) homes. c: We suggest that we could widen the individual driveways where they meet the common drive in order to facilitate easier turn -around. 6. Comment: Section 412.4 of the subdivision regulations requires street trees along the private road. This should be shown on the preliminary plat. Response: We are asking for a waiver of section 412.4 for the following reasons: a: The proposed shared driveway goes through upland and wetland areas and does not lend itself to a single species of street tree. b: The proposed shared driveway is extra long in order to preserve the wetlands and would require an unreasonable number of street trees for the scope of this project. c: A great many trees and shrubs have been required by the Wetlands Conditional Use Determination to mark the boundaries of the wetlands on each lot. It is our plan to substitute this landscaping for street trees. d. See the attached analysis of the cost of the required plantings in "c" above. 7. Comment: The preliminary plat should include a sewer allocation request. Response: The preliminary plat shall include a sewer allocation request. 8. Comment: If a public r.o.w. is proposed, a connection to the property to the north should be reserved. Response: A private r.o.w. is proposed. A connection to the property to the north would be difficult as the property is already subdivided and mostly wetland. Attachments Wetlands C.U.D. T.J. Boyle zoning letter Arthur Gilman letter Cost of required plantings Agency of Natural Resources Department of Environmental Conservation Please be notified, as per Section 8.4 of the Vermont Wetland Rules, that the request for a Conditional Use Determination received from William B. Wessel through his representative, Arthur Gilman of William D. Countryman Environmental Assessment & Planning for the construction of a 1300-ft. common drive, sewer lines, four houses, lawns and associated impacts within a Class Two wetland and adjacent buffer zone has been approved on this /Z Y-A day of 1998. It was found by the Agency of Natural Resources that this conditional use will not result in any undue, adverse effects to the protected functions of the significant wetland located on the north side of Van Sicklen Road in South Burlington, Vermont. Complete copies of the decision can be obtained by calling the Water Quality Division at 802- 241-3770 or writing to the address below. Any person with an interest in this matter can appeal this decision pursuant to 10 V.S.A. Section 1269. Any notice of appeal must be filed (ie: received) at the Water Resources Board, National Life Records Center Building, Drawer 20, Montpelier, VT 05620- 3201 (telephone (802) 828-3309) within 30 days of the date of the decision. Padraic Monks District Wetlands Ecologist Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, Vermont 05671-0408 PM:pu cc: Distribution List In the matter of: Section 8 - Vermont Wetland Rules William B. Wessel 70 Highland Terrace South Burlington, VT 05403 Application for the construction of a 1300-ft. common drive, sewer lines, four houses, lawns and associated impacts within a Class Two wetland and adjacent buffer zone on Van Sicklen Road in South Burlington, Vermont. File # 90-397.02 DEC ID #EJ96-0397.01 The Vermont Agency of Natural Resources received application #90-397.02 for a Conditional Use Determination. This application has been publicly posted and notice sent to all parties as required by Section 8.3 of the Vermont Wetland Rules. Four comments were received during the public comment period. Findings of Fact After careful examination of this application, the Agency finds: On June 13, 1991 a Conditional Use Determination was issued to William B. Wessel for a 20-lot single family subdivision on the site in question. An amendment was issued to this decision on Marsh 22, 1993 for a revised layout of the road. Neither project was constructed. The Agency received a revised application on April 13, 1996 for a four -lot sub -division from William B. Wessel through his representatives at William D. Countryman Environmental Assessment and Planning for Conditional Use Determination #90-397. 2. The wetland and adjacent 50-foot buffer zone are located on the north side of Van Sicklen Road in South Burlington, Vermont. 3. Carl Pagel, State Wetlands Coordinator, conducted site visits to this property on August 24, 1990 and again on February 8, 1991. Catherine L. O'Brien, District Wetlands Ecologist, conducted a site visit to the subject property on April 28, 1996. Padraic Monks, District Wetlands Ecologist, conducted a site visit with Art Gilman on February 19, 1998. 4. The subject wetland is contiguous to two wetlands identified as a Palustrine Scrub Shrub (PSS1Y) wetland and a Palustrine Scrub Shrub/ Emergent (PSS1/EMY) on the Vermont Significant Wetlands Inventory maps and is therefore designated as a Class Two wetland by the Water Resources Board in the Vermont Wetland Rules. 5. The property consists of an old field sloping down to Muddy Brook. Due to the high seasonal water table and clay soils, much of the 48.7-acre parcel consists of wetland, interspersed with William B. Wessel Conditional Use Determination #90-397.02 Page 2 scattered upland islands. The dominant type of wetland present on this property is a mix of scrub - shrub and wet -meadow wetland. Muddy Brook is approximately 330' to the south east of the proposed house sites, at its closest. The meadow is dominated by reed -canary grass, bulrush, blue vervain, and Joe-Pye weed. Soils in both the wetland and adjacent buffer zones are mapped as Covington silty clay. Soils are saturated during at least part of the growing season. The buffer zones are similar to the wetlands, except that the dominant grass is bluegrass rather than reed -canary grass. White pine, and buckthorn, honeysuckles, and other shrubs are invading the upland areas. Cover types currently surrounding this wetland are 80 % old field and 20 % forested. This proposal involves the construction of a four -lot subdivision. Wetland impacts are primarily concentrated within a 60-ft. corridor along the 1300-ft. common access drive. Construction within the corridor will include force main sewer lines, houses and lawns, and curtain drain, culvert, and footing drain outfalls. The majority of impacts are from drives and from utility placement, the latter being temporary impacts. Work in the buffer zones will be similar; the majority of impacts in the buffer zones will be from houses and lawns. The house sites have been largely located on the upland islands. Approximately 27,530 sq. ft. of wetland and 106,550 sq. ft. of buffer zone will be impacted by this project. - 7. The applicant has submitted an application for Conditional Use Determination #90-397.02, a location map with the project area marked on a USGS topographic map, site plans entitled "Summer Field Development for Bill Wessel, Van Sicklen Road, South Burlington, Vermont", Sheets CO, C1 and C2, dated 2/3/97, Sheet C1 with planting plans, narratives detailing work to be done in the wetland and adjacent buffer zones, and a letter dated 12/31/97 detailing the placement of survey pins at the corners of the building envelopes. The protected functions of the wetland in question include at least the following: water storage for flood water and storm runoff (§5.1), surface and groundwater protection (§5.2), fisheries habitat (§5.3), wildlife and migratory bird habitat (§5.4), recreational value and economic benefits (§5.8), and open space and aesthetics (§5.9), and erosion control through binding and stabilizing the soil (§5.10). 9. The following functions are either not present or are present at such a minimal level as to not be protected functions: hydrophytic vegetation habitat (§5.5), threatened and endangered species habitat (§5.6), and education and research in natural science (§5.7). 10. The wetland complex provides storage of flood waters, and reduces the scouring of the stream's banks by attenuating peak flows of stormwater. The wetlands in the area of the proposed project are gently sloping and do not provide significant storage. Additionally, the wetlands that would be impacted are more than 300 feet from Muddy Brook and do not help protect the stream bank from scouring. The proposed loss of the wetland will not result in undue adverse impact to the water storage function provided by the wetland complex. 11. The subject wetland cleanses surface water by sediment and nutrient trapping by the dense emergent vegetation. Comments were received from Vicky Frasier, and Jeff Severson, Watershed Environmental Services, with concerns about impacts to the water quality from the William B. Wessel Conditional Use Determination #{90-397.02 Page 3 proposed septic systems given the Covington clay soils and the application of herbicides and pesticides on the proposed lawns. Since the application was submitted, the project was redesigned to be served by municipal sewer thus eliminating septic system concerns. Given the relatively low density of the development, and the absence of a need for extraordinary use of pesticides or herbicides, this proposal should not result in undue adverse impact to this function. Based on the above, the proposed project will not have undue adverse impact to the surface water quality function of the wetland. 12. Muddy Brook and the portion of the wetland immediately adjacent to the brook provides fisheries habitat. There will be no impacts within 300 feet of the brook. Therefore there will be no adverse impacts to the fisheries habitat function of the wetland. 13. The Muddy Brook wetland complex provides highly significant wildlife habitat for a number of species including mink, otter, muskrat, beaver, fisher, waterfowl, herons, and a number of other birds. Deer, moose and bobcat have been seen within the corridor. Comments were received from surrounding landowners Vicky Frasier, David Gage, and Doug and Doreen Kendall and from consultant Jeff Severson with concerns about impacts to the wildlife habitat. The area in question is an old agricultural field that is growing up with a mixture of shrubs. On February 22, 1991, Thomas Myers, former District Wildlife Biologist with the Department of Fish and Wildlife, stated that the habitat of significance for wildlife habitat is Muddy Brook and the adjacent alder wetland. As long as this area was not impacted, Mr. Meyers was not concerned about impacts to wildlife habitat. In the current proposal, 4 houses are proposed instead of the previously approved 20 houses. The closest house is approximately 330 feet from the brook. The use of plantings, and restrictions on the use of land outside of the permitted building envelope should prevent additional intrusion into the wetlands and buffer zone. Based on the above, the project will not result in undue adverse impact to the wildlife and migratory bird habitat function of the wetland. 14. The Muddy Brook wetland complex provides recreational opportunities including bird watching, trapping, canoeing., fishing, hiking, and cross country skiing. The proposed development is located in the wet meadow adjacent to the wetland complex. The project will not restrict access to the Muddy Brook wetland. Based on the above, the project will not result in undue adverse impact to the recreational value and economic benefits function of the wetland. 15. The wetland complex provides open space and is aesthetically pleasing, particularly by the brook. It is visible from Van Sicklen Road. Comments received from Vicky Frasier raised concerns regarding impacts to the open space. The project has minimized impacts to this function by reducing the number of proposed building lots from 20 to 4. The current proposal retains the majority of the parcel as undeveloped open space. Given the relatively low density of the proposed development, the proposed project will not result in undue adverse impact to the open space and aesthetic function of the wetland. 16. The portion of the wetland adjacent to Muddy Brook helps to bind and stabilize the stream banks from erosion during severe storm events and spring runoff. There are no impacts proposed within this area. The proposed project will not result in undue adverse impact to the erosion control function of the wetland. William B. Wessel Conditional Use Determination ##90-397.02 Page 4 17. The project has been designed to use the upland portions of the property as much as possible. The project has been significantly scaled back from the previously approved design of twenty house lots to the currently proposed design of four lots. The common driveway crosses the wetland in the narrowest portions. The project was also redesigned to use one common driveway rather than two to reduce wetland impacts. The areas disturbed by the installation of utility lines will be reseeded with a conservation mix. Comments were received from Vicky Frasier and Jeff Severson regarding measures that could be taken to further minimize impacts. The applicant has revised the site plans to include the limits of disturbance. These areas will be marked in the field with metal survey pins and tree plantings to prevent impacts to the wetland and buffer zone in addition to the conditional uses specified in this determination. Additionally, these limits will be referenced in all deeds to the property. 18. If the project is constructed according to the specifications of the application and accompanying site plans, and the conditions of this Conditional Use Determination, the resulting wetland filling and alteration is not expected to result in any violations of the Vermont Water Quality Standards. Conclusions of Law Based on information provided by the applicant and their representatives in the application for Conditional Use Determination, the Agency of Natural Resources concludes: Under Section 8 of the Vermont Wetland Rules, effective February 23, 1990, the Secretary may authorize conditional uses in a significant wetland or in its adjacent buffer zone. The Rules state that each Class Two wetland is presumed to serve all of the wetland functions identified in the Rules (Section 4.2b). Protected functions are distinguished from other wetland functions in Section 2.20, as those functions that make a wetland so significant they merit protection under these rules. Under Section 8.5a, the Secretary may only authorize a conditional use when it is determined that the proposed conditional use will have no undue adverse effect on the protected functions, unless the Secretary determines such impacts are sufficiently mitigated. The proposed conditional use cannot practicably be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose. All practicable measures have been taken in this proposal to avoid adverse impacts on protected functions. The Agency determines that the proposed conditional use, described in the Findings of Fact and in the Conditional Use Determination application in question, will have no undue adverse impacts to the protected functions of the Class Two wetland, associated buffer zone on this subject property or the adjacent wetland complex. Decision 1. The Vermont Agency of Natural Resources finds, that on the basis of the information provided in the application for Conditional Use Determination, there is reasonable assurance that the proposed conditional use will have no undue adverse effects on the protected functions of the significant wetland William B. Wessel Conditional Use Determination ##90-397.02 Page 5 on this property providing that the provisions of the application are supplemented with the procedures described below. This Conditional Use Determination is therefore approved with the following conditions: A. All activity must be carried out consistent with the proposal in Conditional Use Determination Application ##90-397.02 and all submittals listed in Finding of Fact ##7 above. The proposed plantings may be substituted with existing vegetation of a suitable size in order to prevent the unnecessary removal of existing trees. The applicant shall obtain written approval from the Wetlands Office prior to making any modifications to the planting plan. B. The applicant shall notify the Vermont Wetlands Office once the erosion control measures are installed, prior to any earthwork, so that a site inspection can be made to verify the correct location of the silt fences. C. A continuous line of staked hay bales or a silt fence shall be installed as indicated on the site plans referenced above prior to any construction at the edge of proposed work in the wetland and 50 foot buffer zone and shall be regularly maintained. Sediments shall be cleaned out when they have reached half the height of the fence 'or hay bale, and before major predicted rainfall events. Removed sediments shall be disposed of in a stable, upland area outside the 50 foot buffer zone. All disturbed soils shall be seeded and mulched immediately following final grading. All sediment barriers shall be removed following the successful establishment of vegetation. D. Construction of the project shall be restricted to the period from June 1st to October 1st to minimize impacts on nesting birds and to reduce water quality impacts during periods of high water. E. There shall be no other alterations to the wetlands or buffer zone on this property, including filling, draining, grading, removal of vegetation, alteration of the flow of water or similar activities, except as specifically shown on site plan Cl. F. In the event that municipal sewer does not become available, the project shall obtain a sub -division permit and the septic systems shall be approved by a regional engineer. If any portion of a septic system is to be located in the wetland or buffer zone and new or amended Conditional Use Determination will be required. G. The applicant shall have this Conditional Use Determination recorded in the land records of the City of South Burlington for all affected lands and the applicant shall have this Conditional Use Determination referenced in any deed for the property to be sold as Lots 1, 2, 3 and 4. The applicant shall supply the Vermont Wetlands Office with a copy of correspondence with the City of South Burlington certifying that the restrictions have been recorded. H. Within 30 days upon completion of the proposed work in the wetland and buffer zone, the applicant or their representative shall supply the Vermont Wetlands Office with a letter certifying that the project was constructed in compliance with the conditions of this determination. William B. Wessel Conditional Use Determination #90-397.02 Page 6 All proposed activities in the wetland and adjacent 50-foot buffer zone, carried out in compliance with Condition A, must be completed within 3 years of the date of this determination. The terms and conditions of this decision shall run with the land. The applicant shall monitor the portion of the wetland within 100 feet of any disturbance annually during early July for five years following construction for the nuisance plant species purple loosestrife (Lythrum salicaria) and common reed (Phragmites australis). All nuisance plants found shall be pulled by hand and disposed of by burial or burning in a non -wetland location. Additionally, the contractors equipment shall be cleaned so as to contain no observable soil or vegetation prior to work in wetlands and buffer zones to help prevent the spread of invasive species. 2. The Agency maintains continuing jurisdiction over this project and may at any time order remedial measures be taken if it appears likely that adverse impacts to the protected functions and values will occur. 3. This Conditional Use Determination does not relieve the applicant of responsibility to comply with any other applicable federal, state, and local laws, regulations, and permits. 4. By acceptance of this Conditional Use Determination the applicant agrees to allow representatives of the Department of Environmental Conservation access to the property covered by the Conditional Use Determination, at reasonable times, for the purpose of ascertaining compliance with the Vermont Wetland Rules and the Vermont Water Quality Standards. 5. The Department, by issuing this Conditional Use Determination, accepts no legal responsibility for' any damage direct or indirect of whatever nature and by whomever suffered arising out of the project described. Canute E. Dalmasse, Commissioner Department of Environmental Conservation by: W AA6,—<,, Wallace McLean Director, Water Quality Division Dated at Waterbury, Vermont this 1 c, k day of a AQc�k , 1998. CED\WM\PM landscape architects • planning 301 college street • burlington • vermont . 05401 • 802.658.3555 March 9, 1992 Mr. William Burgess, Chairman South Burlington Planning Commission Dorset Street South Burlington, VT 05403 RE: Southeast Quadrant Zoning Map Dear Bill, My clients, William and Dianne Wessel, have asked me to clarify the CRO Boundary on the proposed SE quadrant zoning map for their parcel of land adjacent to Muddy Brook and north of Van Sicklen Road. Subsequent to T. J. Boyle & Associates inventory analysis of the S.E. Quadrant in 1989, Mr. William Countryman performed a detailed inventory of wetlands for the Wessel;s property. In addition, the State performed a subsequent wetland study in this area indicating the_.PF01 condition is easterly, close by and associated with the flood plain of Muddy Brook. -This would indicate that an adjustment to the boundary of the restricted area be made as follows: Extending from the NE corner of residential lot on North side of Van Sicklen Road extend a line (bearing N 300 E.) approximately 650'.to a 10" Scotch pine. Extend a line from this pine approximately 600' bearing approximately N 701 W to the property corner indicated on the attached enlargement of the property map and the proposed layout of the Wessel parcel. Although sections 26.302" and 26.606D of article 26 (SEQ) provide for adjustments of restricted boundaries in the PRD and subdivision process, it would seem an appropriate time to amend the restrictive boundary during the hearing process. Thank you for your consideration. Sincerely yours, Terre e J. Boyle enclo ures WM. D. COUNTRYMAN Enuimnntp-n l Assessment And Planni77g R.D.1, WIi i CH HXLL NORTHFIELD, VERMONT 05663 502-485-8A21 1 May 1998 willi.am B_ Wessel 70 highland Terrace South Burlington, VT 05403 Dear Bill, This letter responds to your request that I address Section 3.503(a)-(e) of the south Burlington zoning regulations, in regard to encroachment into a wetland buffer in the C.O. (Conservation and Open Space) District. The 5 criteria to be addressed are; (.a) ability to carry and store adequately flood waters; (b) water quality by virtue of erosion or run-off; (c) the use and enjoyment of adjacent properties; (d) wetland functions and values; (e) wildlife and fisheries habitat. First I would like to comment on my involvement with this site and my knowledge of the project. I have been involved in this project for.a number of years, and have visited the site on at least five occasions, during Summer, fall and winter seasons_ I have delineated wetlannds on the site, and have evaluated the functions of the wetlands. In addition I prepared the Conditional Use Determination (CUD) application for review by the Agency of Natural Resources; and have prepared and submitted materials to the U.9. Army Corps of Engineers. In so doing, I have reviewed and commented on. the project site plans, with the specific goal of reducing and minimizing wetlands impacts, and have advised you in regard to permit requirements. I also prepared a planting plan for the project to aid in keeping residential activities restricted to areas near the proposed houses and away from wetlands. Bill Wessel 1 May 199 8 Page 2 I have the following comments in regard to the five criteria. a. Flood waters. The project is almost entirely outside. the 100-year floodplain, and the very minor area that is within the floodplain was originally in fact, a dug ditch. Apparently, when this area was in agricultural use, a number of unsuccessful attempts were made to drain it. Because the parcel is low-lying and has a low gradient towards Muddy Brook, and because the soils are compact and not free -draining, these attempts were failures. Furthermore, since the fields have reverted from mostly grass to scrub/shrub, and the shrubs are growing rather rapidly, there is a recapturing of the ability of the land to store water. That is, what had been a smoothed, land surface without 'dense erect vegetation., is now becoming increasing uneven, with very thick vegetation. These factors significantly enhance thee ability of the parcel to slow runoff and desynchronize flooding. I do not believe that the project, as planned, will compromise this ability. b. Water Quality. As noted above, the project has a low gradient and dense erect vegetation throughout. For these reasons, erosion from the construction sites is not anticipated. Furthermore, as noted in.the site plans, erosion controls will be fully utilized, and exposed soils will be seeded and mulched to prevent erasion. After the houses are -built, I see no reason to conclude that there will be any erosion into the wetland or into Muddy Brook. The grass -lined ditches along the drives will also preclude this possibility. since Muddy Brook traverses the eastern edge of the property, there might be some concern as to increased erosion along the brook. However, the project as planned is remote from the brook and there are no activities (such as a streaia crossing or removing vegetation) that would cause increased along the brook's banks. c. Use and enjoyment of adjacent properties. Since the project is not expected to increase water levels, or cause deposition of material on adjacent property, or affect the vegetation or landforms of adjacent properties, I do not believe there will be any reduction in the use and enjoyment of adjacent properties. d. Ketlarzd Functions and values. I have evaluated this project for the CUD application, and found that the Bill Wessel 1 May 1998 Page 3 wetlands on the property have the following functions and values: water storage for floodwater and storm runoff, surface and groundwater protection, fisheries habitat, wildlife and migratory bird habitat, open space and aesthetics, and erosion control. impacts to these functions, from the project as designed, will be minor at most. Most are discussed elsewhere in this letter, but I will here discuss ground and surface water protection, and open space. Groundwater protection is an important feature of this site because of the capturing of any sediments, nutrients and/or toxicants which may be present, by the dense vegetation and compact silty or clayey soils. These together can trap and sequester particulates and chemicals which would otherwise enter the water table or surface waters. Most of the site will be left in the natural condition, certainly more than a sufficient percentage to counter any minor problems as might occur from residential use. - As to aesthetics, I am not highly qualified to answer, except to state, as noted in the CUD, that the project as planned is in keeping with surrounding use in terms of density, spacing, and design, and that the wetland has little visual interest as wetland. It has no open water, distinct break between say, marsh and forest, or other normally visually appealing features. e. Wildlife -and Fisheries Habitat. The project area has some significance for wildlife, but the most valuable areas are concentrated along Muddy Brook and in the forest north and east of the proposed development. The old field and shrub area is mostly valuable at present to songbirds and that group of wildlife species which is tolerant of human presence, and which is found throughout South Burlington (skunks, raccoons, etc.). I do not believe that this level of development will unduly discourage wildlife use of the area, especially given the proposed landowner restrictions, plantings of trees, etc. Also, I would note that broad wildlife corridor is maintained along Muddy Brook. Please let me know if you have nay further questions or if I can be of further help. sincerely, Arth7Ar V. Gilman � 1 04I'30/1998 16:00 3023 8812,o Lt~NG FAF,1�1 HURSERV PAGE 01 51 Upper Main.Street Essex Junction, VT 05452 Garden Center & Landscape Company LANDSCAPE PROPOSAL FOR: Wesbuilt Construction Bill Wessel 70 Highland Terrace South Burlington, VT Attention: Bill Garden Center (802) 878-5720 Wholesale (802) 878-8:128 Fax (802) 872-8550 April 30, 1998 Lang Farm Nursery will supply and install the following plant material at the 'Summersweet' subdivision on Van Sicklen road. Top quality nursery grown plant material will be provided and installation will follow standard horticultural procedures including the use of compost and fertilizer Trees will be staked as needed. All plantings will be mulched with 2-3" of shredded bark. Lang Farm Nursery will guarantee the plantings for a period of one year. Plants damaged by vandalism, mechanical -chemical injury, by acts of God, or by the neglect of others will not be covered. WETLAND PLANTINGS. - UANTITY SIZE PLANT MATERIAL 11 2-2112" cal Acer rubrum 12 2-2112" cal Quercus macrocarpa sub. with Quercus bicolor 31 6-T BB Pinus strobus 35 2-3' BB Thuja occidentalis sub. with Thuja occ. 'Nigra' 35 2-3% 39al Viburnum trilobum 45 2-21/2' CG Cornus sericea Total Sum of Proposal including tax: $ 19,322.50 Fifty Percent down prior to work with balance due upon completion. If the above price, specifications, and conditions are satisfactory please authorize the work by signing below and returning this proposal to Lan arm. r Date of Acceptance: .-.Signa r . -- ....--_____��_�_ Authorized Signature:" nathan Lang, Presid t and Owner Lang Farm Nursery and Garden Center City of youth Burlin j-)n 575 OCASET STREET 3CU7'-+ 3UALINGTCN, VERti1CNT :5.t =A:( i58.4748 -'JI_.aNNE4 i 58- " 35 5 July 17, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Van Sicklen Road Dear Mr. Wessel: Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, July 21, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Joe Weith, City Planner JW/mcp Encls Memorandum - Planning May 12, 1998 agenda items May 8, 1998 Page 2 Landscaping: There is no minimum landscaping requirement, based on building cost, for this project. Applicant is proposing to relocate three (3) trees and add a cedar hedge with a value of $3335. Landscape plan is adequate. Parking: A total of 285 spaces are required and 313 spaces in addition to 50 overflow spaces for a total of 363 spaces are available. A bike rack should also be provided as required. The note on sheet S1 should be revised to note the correct number of existing and proposed spaces. Traffic: No additional traffic expected. Sewer: No additional sewer allocation needed. Dumpster: A screened dumpster storage area is provided. Lighting: No additional lighting proposed. Several pole lights will be relocated to accommodate the additional parking. Other: — the applicant has been advertising his property for airport transient and long term parking (see enclosed). Staff notified the applicant that this was a zoning violation because this is not an allowed use in the Cl District. Staff is concerned that the need for the additional parking results from long term packers taking up spaces creating a need for additional parking. — the site plan should be revised to note that there are 176 motel rooms not 177. 5) WILLIAM WESSEL - 4 LOT SUBDIVISION- SKETCH PLAN This project consists of the subdivision of a 41.8 acre parcel into four (4) lots of 5.5 acres (lot #1), 5.5 acres (lot #2), 18.5 acres (lot #3) and 12.3 acres (lot #4). A portion of the parcel to be subdivided lies within the Town of Williston. The last review of this property was on 11/17/92 (minutes enclosed) at which time a 20 unit PRD was proposed. 2 Memorandum - Planning May 12, 1998 agenda items May 8, 1998 Page 3 This property located at 250 Van Sicklen Road lies within the SEQ District, the C.O. District and the Floodplain Overlay District. It is bounded on the north and west by residences and open land, on the south by residences and Van Sicklen Road, and on the east by open land and Muddy Brook. Access: Access to the four (4) lots is by a private r.o.w. 1300 feet in length and 60 feet in width. Section 401.1(j)(1)(a) of the subdivision regulations requires that a roadway serving four (4) or more separate residential lots be publically owned. This private road is proposed to be 20 feet in width and Section 401.1(k)(2) of the subdivision regulations requires that all private roadways be a minimum width of 30 feet with parking and 24 feet without parking. Section 401.1(g) of the subdivision regulations limits the length of a cul-de-sac street to 850 feet. The length of the street proposed is 450 greater than allowed. Density: This property is allowed to generate a maximum of 50 units (41.8 acres x 1.2 units/acre = 50.16). The maximum units allowed on this parcel based on the development area of 17.1 acres as shown on the SEQ zoning map is 68 units (17.1 acres x 4 unit/acre = 68.4). The applicant is proposing four (4) units total. Lot size/frontage: The minimum lot size requirement of 1200 square feet is being met by all four (4) lots. As proposed, only lot #3 has frontage on a public street (Van Sicklen Road). The remaining lots are to be served by a private 60 foot r.o.w. Non -buildable area: Portions of lots are proposed to be located in a restricted area and under Section 6.602 of the zoning regulations, this triggers the designation of this development as a PRD. The applicant should therefore submit a report addressing the PUD/PRD criteria under Section 26.151 of the zoning regulations with the preliminary plat submittal. The house on lot #3 is proposed within a restricted area as shown on the SEQ zoning map. The applicant should address the criteria in Section 6.606 of the zoning regulations. Wetlands: There are approximately 27.5 acres of wetlands on the site. Approximately .63 acres of wetland and 2.45 acres of C.O. 3 Memorandum - Planning May 12, 1998 agenda items May 8, 1998 Page 4 District/wetland buffer will be impacted by this project. The applicant has obtained a State Wetlands permit for this encroachment and submitted a letter from a wetland consultant regarding the affect of this encroachment on Section 3.503(a)-(e) of the zoning regulations. The Natural Resources Committee reviewed this plan and submitted comments (see enclosed). NR Committee recommends development of houses in the floodplain and wetland buffer. Pedestrian Trail/Recreation Path: There is a dedicated recreation path easement on this property along Muddy Brook which the City obtained from a previous property owner. The Recreation Path Committee reviewed this plan and has submitted comments (see enclosed). Sewer: The preliminary plat submittal should include the sewer allocation request. Floodplain: The house on lot #3 is proposed to be constructed partially within the 100 year floodplain. This is not permitted under Article XX of the zoning regulations. Landscaping: Section 412.4 of the subdivision regulations requires street trees along the private road. No street trees are proposed. The applicant was required as a condition of the State Wetland permit to install $19,322 worth of trees and shrubs in the development. He is requesting that this landscaping substitute for the street trees. Staff recommends that some street trees be planted, perhaps in clumps rather than in an orderly fashion. Impact fees: The applicant should be aware that these houses will be subject to road, school and recreation impact fees. 6) BRIAN WAXLER - RETAIL BUILDING - SITE PLAN This project consists of razing two (2) existing buildings and constructing a 12,000 square foot building for retail use. The ZBA on 5/11/98 will consider an application from the applicant for a conditional use permit to extend the regulations for the Cl District 50 feet into the R4 District. This property located at 1242 Shelburne Road lies within the Cl and .19 r _ — y'9 Propertt� La>P of We yl 1 t3 _ 5P5-- --- I---------------------- f `�' F'K17 Ei�ikjircj Setbac.t j - 1 - - J •-` s - — DeUnect►ny_ i t jC -10 GS 1 ( / 1 10 TO • t y r41--1065 r 13 am / ®[ . E° io To l a ^2 �= o r l 3 , , / 50' EVre - -f - -I 5A \ / t -----«-:' .ii....—� `---------•— . — -,•- •":----•-----:err t arc------�-------------------�T.r — — — — - 3 � —L-AR — � � I 2 AR 4 15 TO 4 OPEN 24 ,In 1 Lp, and 5 V r hl Aknds lb PrD GOFEN t. f -_ i Olefi►ieeatllg {f 3 AM -fir- _ - - 5a PRD 7 v �. � - .. -- - _ - -- - _ - _ _ _ _ Ems" _,_ � • '� -- ` f • OF We55el 7 l T r . r j t 't, . 1 f _`0 O 50 150 1: K -NPAL L 1 woo rinx - T.1. .-• 8oyh tn0 y Atsociln L - . Plant 1 i5t us Pkslt List Mona -- Legend MWd 1ftb twfs r;Z�-q i�.. ,4 /lu« 1 a" d [A*ft f Arun K. NOte5: �-�» �� e11ww u- far 9b.4t}4n I Lnl aO-- ire .ypw.wie �r.iw we to J D•' RECEIVED JUL 1 0 ,1998 City of So.. Burlingtoq v�nbaelt•06g1 «IQ•EEB•!�6 °d��M�� ws i�•=b30�..`�' a® May 5, 1998 MEMORANDUM FROM: Recreation Path Committee TO: Raymond J. Belair, Zoning and Planning Assistant RE: Wessel 4-Lot Subdivision The recreation committee reviewed the sketch plan for a 4-lot subdivison on Van Sicklen Road at our May 4:,d meeting. It appears that the subdivision plan does not interfere with the 2400 ft. existing recreation path easement that runs through the property. We also believe it does not affect any future recreation path development that might occur through the area. We were unclear, however, if the line that is labeled "Old Trail" on the east side of the property is indeed the location of the easement. Therefore, we would request that the developer confirm the location of the easement, and label it as a recreation path easement on the final plan. -- CcMc� Ire- e)4 No Text 4. Pursuant to Section 26.103(a) of the zoning regulations, the Planning Commission approves two (2) driveways serving lot A. 5. The Planning Commission approves a maximum of 37 units oOlacres Ito1 until such time as Airport Parkway is realigned such that lot #1 is increased in size to at least at which time 40 units are approved. 6. The final plat submittal shall include the information required under Section 26.152 of the zoning regulations so that the base maximum density can be calculated. 7. The final plat submittal shall include details (cut -sheets) for all exterior lighting and show locations on the plans. 8. The final plat submittal shall include information on the height of the building. 9. The final plat submittal shall include information on the square footage of the central office/ laundry building. 10. The final plat submittal shall include information on the square footage of the dwelling units. 11. The proposed sewage pumping station and force main shall be privately maintained by the home owners. 12. The City Water Department shall be provided a set of the final plat plans prior to final plat submittal. 13. The final plat application shall be submitted within 12 months. 2 May 5, 1998 MEMORANDUM FROM: Recreation Path Committee TO: Raymond J. Belair, Zoning and Planning Assistant RE: Wessel 4-Lot Subdivision The recreation committee reviewed the sketch plan for a 4-lot subdivison on Van Sicklen Road at our May 4°d meeting. It appears that the subdivision plan does not interfere with the 2400 ft. existing recreation path easement that runs through the property. We also believe it does not affect any future recreation path development that might occur through the area. We were unclear, however, if the line that is labeled "Old Trail' on the east side of the property is indeed the location of the easement. Therefore, we would request that the developer confirm the location of the easement, and label it as a recreation path easement on the final plan. City of South Burlin yturi 575 CORSET STREET SOUTH BURLINGTON, VERMONT J5.1C:: FAX 558-4748 -L.ANNER i 58- 7955 July 7, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Van Sicklen Road Dear Mr. Wessel: Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, July 10, 1998. If you have any questions, please give me a call. Sincere , Raymo d J. Belair, Zoning and Planning Assistant RJB/mcp Encls. cc: Terry Boyle MEMORANDUM TO: Applicants/Project File !� FROM: Raymond J. Belair,ning & Planning Assistant RE: Preliminary comments, July 21, 1998 Agenda Items DATE: July 7, 1998 WILLIAM WESSEL - 4 LOT SUBDIVISION - PRELIMINARY PLAT - this private road is proposed to be 20 feet in width and Section 401.1 (k) (2) of the subdivision regulations requires that all private roadways be a minimum width of 30 feet with parking and 24 feet without parking. - staff recommends groupings of street trees along the private road BRET KERNOFF - INDOOR RECREATION & AMUSEMENT ARCADE - SITE PLAN - provide front yard and overall coverage information - provide sewer allocation request, if needed - plan should note that the southerly boundary is the boundary between the C 1 District to to the north and the Municipal District to the south - indicate number of seats which will be available for patron use. - plan should show at least one (1) handicapped parking space - if a dumpster will be used, it should be shown and screened - provide details (cut -sheets) for all existing and proposed exterior lights and show locations on the plan - a bike rack should be provided as required under Section 26.253 (b) of the zoning regulations - will the accessory building at 1197 Williston Rd. be used in any way for the proposed uses at 1203 Williston Road HOMESTEAD DESIGN - FOOTPRINT LOTS - SKETCH PLAN The sketch plan must be revised to include the following additional information: - name and address of the owner of record and applicant. - name of owners of record of contiguous properties. MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: July 21, 1998 agenda items Date: July 2, 1998 1) William Wessel Dated 6/16/98 250 Van Sicklen Road Two (2) hydrants should be added as sketched on sheet C-2 and the 2" water line should be changed to an 8" line to serve the hydrants. 2) Bret Kernoff 1203 Williston Road Sprinkler and fire alarms are mandatory 3) Twin Oaks Tennis & Fitness Center 95 Kennedy Drive Acceptable 4) Homestead Design Golf Course Road Acceptable 5) L&M Partnership Pinnacle at Spear Acceptable (Memfire.mcp.wp) Dated 6/26/98 Dated 6/22/98 Dated 6/29/98 Dated 6/26/98 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, July 21, 1998 at 7:30 P.M.. To consider the following: 1) Preliminary plat application of William Wessel to subdivide a 48.79 acre parcel (42.39 acres in South Burlington) into four (4) lots of 5.49 acres, 5.10 acres, 12.73 acres, and 25.47 acres (19.07 acres in South Burlington), Van Sicklen Road. 2) Final plat application of L&M Partnership to amend a previously approved plan for a 73 lot planned residential development, Spear Street (Pinnacle @Spear). The amendment consists of adding seven (7) lots for a total of 80 lots, Spear Street. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission July 4, 1998 STORMWATER MANAGEMENT PLAN FOR SUMMERSWEET SUBDIVISION Prepared for: William Wessel PROPOSED FOUR -LOT SUBDIVISION Van Sicklen Road South Burlington, Vermont June 15, 1998 Prepared by: Knight Consulting Engineers, Inc. Reviewed by: Civil Engineering Associates, Inc. SUMMERSWEET SUBDIVISION Four -Lot Subdivision STORMWATER MANAGEMENT PLAN This stormwater management plan was completed by Knight Consulting Engineers in 1993. This work was completed in support of a proposed 20-lot subdivision being proposed by William Wessel. Civil Engineering Associates was requested to review the information generated to determine its applicability for the proposed four -lot subdivision project. The hydrologic analysis was based on utilization of software supporting the TR-20 methodology created by the then Soil Conservation Service. The analysis included computations for the 10- year design storm under predevelopment conditions and the 2, 10, 25 and 100-year design storms under post -development conditions. Individual sizing of the proposed culverts was completed utilizing inlet flow conditions with a maximum allowable headwater depth of 1.5 times the culvert diameter. The stormwater management plan generally depicts a small increase in the design peak flows from the property from 53.1 to 55.0 cfs for the 10-year design storm. This small increase in peak flows can generally be attributed to: 1) The fact that a majority of the soils within the contributing watersheds are from the low permeability "C" and "D" hydrologic groups as identified by the SCS; and 2) That the ponding effect at each of the proposed culverts will in turn create small detention basin which will reduce the peak flows from the property during the analyzed design year storms. Although the stormwater analysis was completed for a 20-lot subdivision, by inspection one may presume that this analysis represents a conservative representation of the peak stormwater flows from the four -lot subdivision under post -development conditions. 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Box 29 WILLISTON, VERMONT 05495 (802) 879-6343 SHEET NO. i OF CALCULATED BY •DATE-j 13 CHECKED BY DATE SCALE IA as Z.17 AL 4,34 A,- CAI .4 f -9d AD ROAD A --4T #4- T6 SJ AC 7 PoAD 215 43 nv it -7 1.4 4 07 AZ- N 7q, q 71.1 A mf- H-9 NOMOGRAPHFOR ESTIMATING X FOR A TRAPEZOIDAL CHANNEL Q=XA� SLOPE r BOTTOM SLOPE ( FT/FT) n = MANNING'S n B= BOTTOM WIDTH (FT) 1 EX A Ni P L TURNING LINE SLOPE =.01 n=.05 B=10 X =.65 SLDPE n x 1 .01 10.0 09 B 5 7 08 .07 40 / AS .02 2.0 .04 / .03 I.0 .03 025 \� 05 .02 �' �.06 015 .2 _ .07 /ice \ .003 --------- J - .007 .00 6 .02 ,005 EQUATION .004 L.01 1/2 1.49 S X- B 2 3 003 n y o0�5 .002 L 10 Lim n 40 50 60 80 too sip,*] NOMOGRAPH INTENDED FOR USE WHEF E B> 5 FT. .00 Z 5 001 FIGURE H-1 H-10 NOMOGRAPH FOR ESTIMATING M FQR q TRAPEZolpAL CHANNEL` Q•XAM D = MAXIMUM DEPTH ( FT) 8= BOTTOM WIDTH (FT) Z■ SIDE SLOPE AREA • 60+ZO2 TURNING LINE EXAMPLE Z ■ 5.0/1 AREA 1000 FT !A I- 10 i� 15 j AREA 20 iFT2) WE 40 50 60 70 Q/6 1.44 Z 80 IO 90 9 b 100 9 8 g 7 7 6 6 150 S 5 200 4 .t2 / 1 3 250 3 3 300 Z.5 3 I.4.i' 2 400 2 1.4 500 1 ` •5 600 1.5 1 / 700 BOO 0 1.55 EQUATIQN _ 900 g I 0 _ 1000 .8 - 1.6 .7 LOG (AREA) I500 1 +(2D/8 I-+- ) -! Z-2 S M = LOG (AREA) 2000 NOMOGRAPH INTENDED FOR USE WHERE 8 > 5 FT. FIGURE H- 2 i KNIGHT CONSULTING ENGINEERS, INC. P.O. Box 29 WILLISTON, VERMONT 05495 (802) 879-6343 PRODUCT 204-1 i&N4 Smm) ms) (Padd ) G401A Ms. alai. roam Flax£ TOLL fKf 1,M,25-oleo JOB `1 k G � !� SHEET NO. u OF CALCULATED BY �DATE,. CHECKED BY DATE Sr.Ai F KNIGHT :ONSULTING ENGINEERS, INC. P.O. Box 29 WILLISTON, VERMONT 05495 (802) 879-6343 JOB SHEET NO. OF CALCULATED BY �' ^' DATE l CHECKED BY DATE SCALE Z r _ --vMn C' 24 1 tingle Sh"fsI 2 5 1 �P�ddml =• :x ;ram. Vass 'o "Me, 7tL FREE 1.9*225-6?80 JOB 9 � 6 KNIGHT CONSULTING ENGINEERS, INC. P.O. Box 29 WILLISTON, VERMONT 05495 (802) 879-6343 SHEET NO. r CALCULATED BY j CHECKED BY SC:AI F �a = YfAK OF //�� DATE �4 DATE JA aA - A -7 I q- �5• A= aG ................... . 34 Z `0CUCi:'4 ; S�n9-Sh"I'l 2051 ?'lledl N /. 1C_;mwn.'dase. ;ta;' �u Order PHONE !OILFFEE'8p1725 !J8O JOB KNIGHT CONSULTING ENGINEERS, INC. SHEET NO. OF P.O. Box 29 CALCULATED BY ^' DATE — i WILLISTON, VERMONT 05495 (802) 879-6343 CHECKED BY DATE SCALE E ... . ...dST..... . . . . .. ....... ... 5A .................................... .. .......... :..... .. .. .. ............ ..... ........ ..... .................... ........ : q.'. a.5.i7.Ac ,9 = 4,34 A6. .. . ........ ... _............. .... =��, .... _ 1 909 ROAD ....... . .................................... ��- ........ .... r_.... ...... ......... g ....................:....... ..._.. . ..... .. ... �B ....... ...... .... ...:.. ..........4....... ag ,. .. .. CN 75.5 n GN 71.( GN B0� . yp h "� " x........ 6l 7� .6i -�_... s R��9D ........... l } 5. ... A 215 .. lG �c ............... 3A J 0 :....._ 0 1`1 12W-1 iWISNMI 7O54 IPIMUI ACMais.G'D*n 11m.01471. To 0:w PHOW TOLL FREE IwP;:5-5;,5) KNIGHT CONSULTING ENGINEERS, INC. P.O. Box 29 WILLISTON, VERMONT 05495 (802) 879-6343 JOB I 143 . SHEET NO. OF CALCULATED BY v ^'• DATE 1 CHECKED BY DATE SCALE PRODUCT20e 1 IShis Sh"ts;:05-'A eel ..;low Mm.01h7''a Omer NONE TOLL FREE I-8N2254M JOB 9a 1�3 KNIGHT CONSULTING ENGINEERS, INC. P.O. Box 29 WILLISTON, VERMONT 05495 (802) 879-6343 Qs ` �-- -5 J j•c7 SHEET NO. CALCULATED BY_ CHECKED BY crer c 0-0 01 I cPVG�_ _ _ = . 014 0l6 f = , o l q 34 cmP LC, n 'V- p ",A Olt G; OF ' DATE _ DATE a4, SLD,ig 36 "-G- P ©� E , oo��5 6d .Q 'L��� flE ,.oll � ooz4 a• � '' lI Q D /f j/ oi /�/� r 00325 I' 0 `-6- P6 , ? � _ 00375 3.7 iq- pg 00f5 5.5 l • I - � OO �ry i _ 11 `' — 00575 �r0 - ...: .. ;r„ pg, -ng.. %aaaem •n � 'c . smia, ass :u^ � :mer �HCNE -CC °PE: ' �C4-225 5380 CIVIL ENGINEERING P. O. Box 485 SHELBURNE, VERMONT 05482 June 15, 1998 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Summersweet Subdivision Preliminary Plat Submittal Dear Mr. Weith: ASSOCIATES, INC. (802)985-2323 Fax No. (802) 985-2271 CHARLES R. DUNHAM President STEPHEN A. VOCK Vice President JEAN -CAROL DUNHAM Treasurer Please find enclosed five copies of the supporting plans for the preliminary plat submittal to the City of South Burlington Planning Commission for the Summersweet Subdivision located off of Van Sicklen Road. In addition we have enclosed the completed application, an application fee of $70 ($50 + four lots x $5/lot), a request for water and sewer allocations, and a copy of the stormwater management study. The applicant requests that the Planning Commission and City Staff rely upon information submitted as part of the sketch plan application in support of the requests for the waivers cited in the application. If you should have any questions, please feel free to contact me at 985-2323. Respectfully, David S. Marshall, P.E. Project Engineer Enclosures Application Application Fee List of Abutters List of Drawings 5 Copies of Plans One Copy of I V x 17" Plans cc: W. Wessel E:\OFFICE\WPWIN\LM98188\WErTHPRE.PLT STUDIES • DESIGN • INSPECTION • TESTING SURVEYING & LAND DEVELOPMENT HYDRAULICS & HYDROLOGY SANITARY & WATER FOUNDATIONS & STRUCTURES CONCRETE & SOIL TESTING CITY OF SOUTH BURLINGTON Subdivision Application - PRELIMINARY PLAT 1 ) Name of Applicant William Wessel 2 ) Name of Subdivision Summersweet Subdivision 3) Submit Subdivision Fee ''70 4) Describe Subdivision (,i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses) : Four -lot residential subdivision with lots ranging in size from 5.1 acres to 19.1 acres. 5) Indicate any changes to name, address, or phone numbers of owner of record, applicant, or contact person since sketch plan application: None 6) Name, address, and phone number of: a. Engineer David S. Marshall, P.E., Civil Engineering Associates 928 Falls Road, P.O. Box 485, Shelburne, VT 05482 985-2323 b . Surveyor Mark Ward, Vermont Land Surveyors 4050 Williston Road, So. Burlington, VT 05403 862-5661 c. d. Plat Designer Terry Boyle, T.J. Boyle and Associates 301 College Street, Burlington, VT 05401 658-3555 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: The property line between lots 1 and 4 has been moved westerly approximately 20 feet. ........._ .._.............. .. 8) List names and mailing addresses of owners of record of all contiguous properties: See attached list. 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application: See attached list. 10) COST ESTIMATES for Planned Unit Developments, multi -family and commercial and industrial complexes: a) Buildings b) Landscaping $19,300 c ) All other site improvements (e.g., curb work, road, sewer, water) $98,000 11) ESTIMATED TRAFFIC for Planned Unit. Developments, multi- family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour 2.5 P.M. peak hour 4 Average daily traffic 40 % of trucks 2 12) Attach FIVE copies and ONE reduced copy (11 x 17) of preliminary map showing the following information: a) Proposed subdivision name or identifying title and the name of the City., b) Name and address of owner of record, subdivider and designer of Preliminary Plat. c) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 2 d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property to be subdi- vided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately main- tained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of exist- ing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. i) Numerical and graphic scale, date and truce north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sani- tary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culvert which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless on existing street intersection is -shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 3 13) Development timetable (including number of phases, and start and completion dates) : One phase of construction beginning in the Fall of 1998 with infrastructure completion in December 1998 or Spring 1999. 14) List the waivers applicant desires from the requirements of these regulations: 1. Length of cul-de-sac'(401.1(g)). 2. Requirement that the road be publically owned (401.1(j)(1)(a)). 3. Relocation of required street trees (412.4) to lots as shown on overall landscaping plan. 15) 1) All existing subdivision, approximate tract lines and acreage of adjacent parcels, together with the names of the records owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or pro- posed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. (Signature) applican oWcor#actt person 6 - Is- -`z,�_ 4 JUN-15-98 MON 12:19 PM WESBUILT CO. 8021862 4092 P.02 List of contiguous property owners William B. Wessel Summersweet Development Van Sicklen Road Highland Terrace 20 Soon K. and Mikyung P. Kwon 40 John W. and Patricia Trutor 50 Mark R. and Marsha S. Abrams Van Sicklen Road 300 Douglas J. and Doreen B. Kendall 200 Dr. David and Kathy Gage 333 C. Lynn and .lane G. Fife William F. and Sara Mikcll (Williston) 125 Kyle Keefe (Williston) 133 James and Victoria Fraser (Williston) Hinesburg Road 1550 Nile A. and Julie Duppstadt Summer Ice - c/o Staige Davis 360 Main Street Burlington, Vermont 05401 SUMMERSWEET FOUR -LOT SUBDIVISION William Wessel Van Sicklen Road South Burlington LIST OF DRAWINGS A. Summersweet Development, Master Plan - TJ Boyle & Associates, Dated 4-10-98 B. Four Lot Subdivision, Summersweet Development, William Wessel, Van Sicklen Road, South Burlington, Vermont; Dated June 12, 1998 C. Civil Engineering Associates; William & Diane Wessel, Summersweet Subdivision, Dated June, 1998 1. Site Grading Plan 2. Site Utility Plan 3. Roadway Profile 4. Construction Details CIVIL ENGINEERING P. O. Box 485 SHELBURNE, VERMONT 05482 June 15, 1998 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Summersweet Subdivision Request for Water & Sewer Allocation Dear Mr. Weith: ASSOCIATES, INC. (802)985-2323 Fax No. (802) 985-2271 CHARLES R. DUNHAM President STEPHEN A. VOCK Vice President JEAN -CAROL DUNHAM Treasurer In association with the proposed Summersweet Subdivision, we would like to make the following request for water and sewer allocations for the creation of four single-family lots located off of Van Sicklen Road as follows: Residential Two 4-Bedroom Homes x 150 GPD/Bedroom 1,200. GPD Two 5-Bedroom Homes x 150 GPD/Bedroom 1,500. GPD 20 % Municipal/Low Flow Fixture Credit < 540. GPD > Subtotal 2,160. GPD Infiltration (None - All Force Mains) 0. GPD Total 2,160. GPD Total Daily WW Disposal Demand 2,160. GPD Total Daily Water Supply Demand 2,430. GPD Wastewater from the proposed project will be sent to "The Old Stone House" subdivision pumping station located off of Van Sicklen Road. This completes our request for water supply and wastewater disposal allocations from the City of South Burlington's municipal systems for the proposed Summersweet Subdivision. If you should have any questions, please feel free to contact me at 985-2323. Respectfully, David S. Marshall, P.E. Project Engineer cc: B & D Wessel E:\OFFICE\WPWIN\LEI'\95270\PERMTITI\WEITHWW.RERTUDIES • DESIGN • INSPECTION • TESTING SURVEYING & LAND DEVELOPMENT HYDRAULICS & HYDROLOGY SANITARY & WATER FOUNDATIONS & STRUCTURES CONCRETE & SOIL TESTING y �7* �. � �ti ,.. K..�.. r �� �'� � �• 15 R 50 FT PRD SETBACK y 20 HIGHLAND TERRACE SOON & MIKYUNG KWON W.D. VOLUME 167 PAGE 156 10117/1980 I 2I a o N v v cw I JOHN & PATRICIA TRUTOR u W.D. VOLUME 215 PAGE 195 ni 211411986 512.00 IRON RODS TO BE SET AROUND. WETLAND 1PROTECTION BOUNDARY. I I 222,208 aq.ft. 5.10 acres t I t I Q I Ie suM- MFUC,vc I �Q 554,688 , sq.ft. 12.73 acres 244.05' I 30 FT WIDE UTILITY EASEMENT CENTERED ON PIPES, FOR THE CITY I I OF SOUTH BURLINGTON. ,I / I I I I I I I / S8131-4b E GRAVEL ROAD TO BE CONSTRUCTED /N -� CENTER OF 60 FT R.O. W. 239,357 sq.ft. 5.49 acres MARK & MARSHA ABRAMS O.C. VOLUME 141 PAGE 483 711511981 SUMMER ICE S82'10'?7"E 1 f0780' CITY OF SOUTH BURLINGTON 15 FT PEDESTRIAN EASEMENT ;� i� VOLUME 211 PAGE 231 15 FT PEDESTRIAN EASEMENT ALONG FARM ROAD --\ 19.07 ACRES SOUTH BURLINGTON ( 25.47 ACRES TOTAL ) WETLAND PROTECTION BOUNDARY I / I I i I O 1 v DOUGLAS & DOREEN KENDALL VOLUME Ill PAGE 17 IRF N84-07'00"W/1 IRF 3/27/1973 180.45' onn,n CITY OF SO, BURLINGTON 60 FT EASEMENT FOR o / DAVID & KATHY GAGE SCHOOL BUS TURN AROUNDate} VOLUME 211 PAGE 233, p I CR d 300 VOLUME 332 PAGE 167 v e a 911811992 ^ SEE PLAN VOLUME 49 PAGE 113 z IRF IRF N83'3453"W 168.68' _ VAN SICpa" ROAD-- NILE & JULIE DUPPSTADT " THE OLD STONE FARM " LEGEND IRON PIPE FOUND IRON ROD FOUND If *IRF T " BAR FOUND o T-BAR IRON PIPE TO BE SET o WIRE FENCE — ' — SPLIT RAIL FENCE -- ° — 4 sovTK R oTON ""00 ff V1,11gTON 1 +/- 6.4 ACRES \ TOWN OF WILLISTON 100 YEAR FLOOD PLAIN NOTES L OC,4710,v MAP REFER TO THE FOLLOWING 1. PLAT OF SUBDIVISION FOR SMART ASSOCIATES, INC. BY TRUDELL CONSULTING ENGINEERS. DATED NOVEMBER 197Z RECORDED IN PLAN VOLUME 105 PAGE 94 & 102. 2. PROPERTY PLAN OF CHRISTIAN & HAZEL HOSKAM BY W.A. ROB£NSTIEN. DATED JUNE 1971. RECORDED IN PLAN VOLUME 105 PAGE 4. J. FOR THE 30 FT UTILITY EASEMENT SEE A PLAN OF THE OLD STONE FARM HOUSE WATER & SANITARY SEWER FORCE MAIN SHEET # 17 BY LAMOUREUX, STONE & O'LEARY. DATED NOVEMBER 25, 1996. 4. WILLIAM B.WESSEL ACOUIRED HIS PROPERTY /N A ORDER OF CONFIRMATION, DATED OCTOBER 28, 1983. WILLIAM & SARA MIKELL VOLUME 28 PAGE 198 REFER TO A 4 LOT SUBDIVISION BY VT LAND SURVEYORS. DATED 812211991. KYLE KEEFE JAMES & VICTORIA LYNN FIFE FRASER SCALE 1 INCH = 100 FEET OF VER4,o�� � y �� MARR r * 0 100 200 300 400 500 Geosrr1'`oQ', ND Sw �u,;r"• RECEIVED JUN 1 6 1998 City of So. Burlington FOUR LOT SUBDIWS/ON SUMMERSWEET DEVELOPMENT WILLIAM WESSEL VAN SICKLEN ROAD SOUTH BURLINGTON, VERMONT VERMONT LAND SURVEYORS 4050 WILLISTON ROAD SOUTH BURLINGTON, VERMONT. 0540J (802) 862-5661 DA TE JUNE 12, 1998 SURVEYED M. W. & T.L. DRAWN BRADFORD L. HOLDEN CHECKED MARK V. WARD PROJECT 9250 I BRUSH •• ' r � �, ., j 1 i mu Dom � .I ...t•.-.•.•.'.-.-..•l.-:' I d1EEFEE7CfIM9 �' ..::I �� � �� , �;� [ 1..:...:...:.:. 2x... — . ............ t :Iff am i :� I lop QO LF 2,' HOPE ,aH- _ { / Al IL 1: •r.. �..� • • '�:�:E. r ' Fam GEM RECEIVE' "o, Al LEGEND•• *.���� \ 67R71' • '� "•"`''-•-•'• •••�•. � � PON PPE FOUND N a�'� �� �� , of So. Burlingt0� • ROf1 ROO FOUND —*--WATER rNE \� ..\ �,. `• ,\ /, City V-n.Ee -r BAR FOUND —FM— Sd.TARY SEWER FORCE 11NN \ _._ -..- FIT = t 74. ::�:•. 0 F �bu1 �� • '' • ,/ '.'�''•I•' �'� c 11 E '/ OQ� RAPHIC SCALE � SURVEY BET/fJi MAW•PC 13 - r f�' NNE TREE E&T—ELECTRICAL h TF1FP/1DNE -._.. .' ::::.1 : -!. /•••' a:::•:• Q C� p �` • •, ' i 1 i __ �° OJEi2RFlE1 LINES HIGH LAND TO EDGE OF WETLAND "1" Y j.'1 I Yy < U Rt —OR— �+ : Pi e: t 04.69 al R 1 q'j �il950 CENTEEEUE EXSn"G SWKf GAGE lPASTL4PE> ` //'... I �7 �, • 1 '� _ _ ^--- X 349 7' SPOT ElEVATEON Ema—�[/ // III ..- P �3.02 KENgALL UDK , _ s (%MROUR (NIERAIE(MATE) /, ! i \ PK TREE---_=:w- : — INDEX CONTOUR+ � , Hs ma WRF FENCE•- VALUAM .-- . spilt RNL FENCE — .�. — — _ .. �. �= IPLrr.'J?y OF CETvws/uPEAr+K: _ — — — -- _ _ _ �^��y�rR�Wu �O PLAN E«sTNC PROPERTY LINE NR/�/ww �RwMn+wsc 86 LF rs HDPE cu�rT 2 DFes FIFE Dot. rnby I�UPPSTALT X �'- F �i o,r. 1999 .,E sEeT a UEim POLE 1 RN. OUT-=.e cm*.A by -&2L sod. ChL DomoplO %Vb60KT C-1 1, ' Amrvy.d by fho}al 11n 95168 • Vr/ " 3VENT LEBARON BOLTED h GASKETED ' SEEN FRAME R COVER / R-6460-B i DUE TO SITE CONDITIONS YORE CAST INTPPO CONCRETE (OR APPROVED EQUAL) SEE PLAN FOR SLOPE FINISH CitADE • Is MN. THAN 12" OF BACKFILL 15 REWIRED, COVER CO A 30-0 (YIN.) RISERS SHALL BE USEDGqOUND 1 7 TO PROVIDE ACCESS TO T14C TANK. DRAIN A Y INSPECTION - - INSPECTION CONTINUE CABLE IN CONCK) TO HOUSE BASEMENT NEMA 4 JUNCTION - 36" 0 RISER 4" TOPSOIL EROSION CONTROL MATTING N - COVER - COVER 1 CONTROL PANEL AND BOX ADJUST HEIGHT TO DITCHES w/PROFIIE GRADES • CAST IN PLACE ALARM. AUDIO h VISUAL 3• CALV. FINISH GRADE EXCEEDING 5T4 STAPLE AS PER PIPE SLEEVES ALARMS SHALL BE PROVIDED POPE MANUFACTURERS SPECIFICATIONS 3' VENT EFFLUENT LEVEL 3" VENT GROUT UNION CON CAL PRECAST CONCRETE TANK - ASPHALT COVOtED 4" CAST IRON i CAST IRON UNMAM 1/4- PER FT. MIN NB.ET BAFFLE OUTLET BAFfLE 1/4' PER FT. MIN __. _- _ -._. _. FROM BUILDING TO PUMP STATION �� VALE N.T.S. GROUT TANK SHALL BE A TWO COMPARTMENT 'SUBMERSIBLE SEWAGE CHECK VALVE 1000 GALLON PRECAST CONCRETE TANK BLE � EFFLUENT PUMP 4" SOR 35 PVC 2" 28 PVC ' USE 1000 GALLON SHALLOW 1/4' PER PIPING 70 MOUND PIPING "o 0 0 0 00000 0• o00000000 0 0 0 0• o O 40 000Doaopo" TANK IF REWIRED (M SEPTIC TANK GROUT E s' COMPACTED 5l111- CRUSHED GRAVEL N SET PUMPING - CULVERT CYCLE AT 150 ALARM FLOAT 10W GALLON SEPTIC TANK GAL PER DOSE �� , WIDE ANGLE ENO SECTION . L.. _ - ,� MERCURY SWATCH TOPSOIL, SEED A' WATER SEWER MDNLIL BETWE WATER SEWER PAVED NOTES: 000°°oc ° o°o o°o pO00000000 1. Typical trench for water, sewer, and drainage pipe. o o°Oo°o°o°°o°oe eo°°o oo opp000 2 Compxtbn o1 bockfll and bedding hallbe o pOoo°Oo°o°ono°°�°Oo°°�pOo°pOo minimum of 90% (95% under roadway surfaces) of maximum dry densit determined in the standard proctor test �ASTY D698). y, APPROVED BAC(F1LL ' THOROUGHLY COMPACTED 3. Bedding material shall not be placed an frozen - IN 8- LIFTS subgrude. ' 2' OF RIGID INSULATION 4. Approved backfill Mall not contain ant stones TO BE INSTALLED WHEREVER more than 6' in largest dimension, 2 maximum MINIMUM COVER CANNOT diameter within 2' of the outside of the pipe, BE MAINTAINED k ALSO or any frozen, or organic material. 2' APPROVED BY THE ENGINEER S. Trenie� all becompletelyedprla to PIPE placing of andkept dew°tred ring Inatallotlon of pipe and bockfM. 6. The skies of trenches 4' or more In depth entered THOROUGHLY COMPACTED by persornd Mall be sheeted or doped to the REDOING MATERIAL ongle of repose as defined by O.S.H.A. atandords. 7. Bedding material for wastewater lines Mall cansist ��- of crushed stone or gavel with maximum size of 3/4". UNDISTURBED SOIL OR ROCK For water lines bedding material Mall be sand. Submit a sample to the Engineer for approval. .'� Jkliki NOTES: 1. AT CROSSINGS. ONE FULL LENGTH OF WATER/SEWER PIPE SHALL BE LOCATED JOINTS SO BOTH WELL BE AS FAR FROM THE WATER/SEWER AS POSSIBLE. 2, IF THE SEWER MAN IS OVER THE WATER MAIN, THE FIRST SEWER PIPE JOINTS ON EACH SIDE OF THE WATER MAIN MUST BE CONCRETE ENCASED. SPECIAL STRUCTURAL SUPPORT FOR THE WATER AND SEWER PIPES MAY BE REQUIRED. 3. WHERE IT IS IMPOSSIBLE TO MAINTAIN THE 18' SEPARATION, THE SEWER MATERIALS SMALL BE WATER MAIN PIPE OR EQUIVALENT AND SHALL BE PRESSURE TESTED TO WATER MAIN STANDARDS. 4. WATER MANS AND SEWER LINES OR MANHOLES SHALL HAVE AT LEAST 10' HORIZONTAL SEPARATION. THIS DISTANCE SHALL BE MEASURED EDGE TO EDGE. MN, COMPACTED CRUSHED GRAVEL *VERIFY PUMP REQUIREMENTS WITH THE ENGINEER ONCE FINAL SITE IS SELECTED. PUMP STATION N.T.S. I• MAX FINISH GRADE ADJUSTABLE IRON CURB BOX W/IJD MARKED -WATER- - , 2e.�.T INSTALL A GOOSE NECK LODP CURB STOP WATER MAIN CORPORATION STOP _ 4'x8'x16' SOUD 3//4 TYPE "K" CONCRETE BLOC( lW;ER SENCE . OR AS SHOWN UNDISTURBED SOIL ON PLAN WATER SOME =# N.T.S. .24 Gutcaa . _L 0�IL�' o .q �N Il;1 F1 3- 4- 8- 8" 1 12" 1101L D ISSTNIOCAANIL SAFE sNO • n2qa0 n4Sa xnat' • CIgA q - ffi n • q 16 - vc - q • - IS. - u 0.5 5 O's 0.5100.0.6 1.0 1. 1. 0 EE SSOOCIIPROOD 1LOAD 0 Iffi 1So .6 1. 0.E 5.014,012.011.0 45 0.5 15 Z. . 4S 75 7-0 4.00 1.0 13 1.0 5 20 26 0.0 e.5 SO S 3.000 1•.5 2.5 1. 1.02A TiA 9.0 1 7.0 15 7 iS 2.DDO 4.5 SO 70 14. 7.0 1ffi1S.5 1,0003o MAX` 1 WRIER PRS9RE - Jo0 I°9 NDTE: RFDVCFR BEATING AREA - 45' SEND OF LARGER PPE la.ilri � �• / i ... _ ALARI k HO COVER TO LOWM q SWALE EXCAVATE A TRENCH 4' DEEP AND THE WIDTH OF A BALE BACKFILL AND COMPACT EXCAVATED SOIL ON THE UPHILL SIDE OF THE BALE. • NOTES: 1. A NEMA 4 NON -CORROSIVE CONTROL PANEL COMPLETELY COMPATIBLE w/ THE PUMPS SHALL BE FURNISHED. THE PANEL SHALL HAVE A DISCONNECT BREAKER PUSH TO TEST SWITCH. ALL NECESSARY WIRING, AND ALARM BELL AND HORN EXTERNALLY MOUNTED. 2. THE JUNCTION BOX SHALL BE OF A NON- CORROSIVE MATERIAL AND COMPLETELY WATERTIGHT. COMPRESSION CONNECTORS SHALL BE USED ON ALL CORDS. BALED HAY OR STRAW SWALE 8110M WIRE r- OR TWINE CEIVEL J U N 1 6 1998 IFSE GRADE,„'. Burlington 30'IN' (WIRE MESH CAN BE FUMINATED FOR FENCE 24' OR LOWER) FILTER FABRIC CUPPED OR POST WIRED TO MESH, TO BE MIRAn 100115 OR APPROVED EQUAL FOIQ IIBgIT 24 70r 24' MIN x WOOD S • P SPACING • • SPACNFETAL POST 1010' • 1 : ♦WOOD 1C NY 24" FILTER FABRIC TO BE CUPPED. BACKFILLED AND TAMPED B' BELOW GRADE STEEL OR WOOD STARS SEE CHART AT RIGHT 1. INSTALL AT FD/CES AT I TES OF IReRO1ECTED 9fi[S AND AS PARAl1F1 10 CONTOURS AS POSS ILE. CUR' IIE ENDS OF TIE FENCE UP INTO THE CONTROL PANEL SLOPE- REMO%C SEDIMENT WHEN AOUM4AIM TO NNi THE HEIGHT Of K FENCE OMIRACTOR SHALL 16TALL AT FENCES AT THE TIDE OF ALL FILLED OR IAPROIECIED 9ARS CREATED OU MIG OONSTRUCTON. NOT NEIE55AMLY RE71EC1TD ON THE FINK PLANr, SLT FFMCES ARE TO RE MAIIIIMED UNTIL SLOPES ARE STABILIZED. LOCATE WARNING LIGHT WHERE Z WOMEN NRE FENCE TO 6E FASTENED SECURELY TD POSTS NTH WILE TES IT WILL BE EASILY NOTICED OR nAPLM N CASE OF PUMP FAILURE. J. FLIER CLOTH TO E FAST0ED SCOMMY TO WOMEN ME FENCE NM TIES SPACED EVERY 24' AT TOP, MD SECTION. AND BOTTOM. 4. WHEN TWO SECTIONS OF FLTER CLOTN ADJOIN EACH OTHER, THEY 944L BE OWRKAITED BY 6'. FOLDED AND STAPLED. -6" MN. TO JUNCTION BOX N PUMP STATION. ALL COHDl11T SHALL BE SEALED TO PREVENT CAS LEAKS N ACCORDANCE WITH CODE REQUIREMENTS. 49NM PANEL DETAL Drawn by ACT I Dats JUHL 1998 N.T.4 Checked by DSM Soole 1' - Sal Approved by - PIo NO, 98188 sINEFT cm 0e9811EMI ° Pseom= W_ SFf1C-4 BLvoc mum"4T 350 348 346 344 342 340 338 3361 334 332 330 328 326 324 322 0A1TJL ffidl 9Pa. 00 HIGH P06ET EIEV _ 34Q61 HICK POINT STA - 12+35,44 PM STA - 11+78 PM El" - 349_00 AA - -4.97 PM STA - IZ14 K - 30.17 I c FF J 4- .� 1 1 a ���■�REMrl �4;�� �■��■�S.7f1�t7f-■�����'�_��—Sri■����� _1�� C __-- Ir ,.:WHM 0 veer 2'- 10'-0- 1a'-0, 3AGGREGATE SURFACE SE •3:1 AT ALL EXISTING I WETLANO CROSS04GS I cRouw l � 2 1 • 1I4'/FT. SLOPE 1/4-In • 1 ;t j,< _ , 4- TOPSOIL COMPACTED BORROW STABILIZATION FABRIC IIRAFT 50OX OR APPROVED EQUAL 15' BANK RUN GRAVEL f118 z' V-0• I 6 -0 3Y AGGREGATE SURFACE l�l1R5E •3:1 AT ALL EXISTING WETLAND CROSSINGS GROUND 2 1/4-/'FT. SLOPE I 1/4'/F'T, yLOpE 4- TOPSOIL _._-- -\: COMPACTED_ BORROW ABIUZATION FABRIC MIRAF1 50OX OR 15• BANK RUN GRAVEL APPROVED EQUAL NIS oTw a-fw .vrw 1— 12+00 13+00 J80 348 346 3" 30 340 338 336 334 332 330 326 326 324 322 RECEIVED JUN 1 6 1998 City of So. Burlington I t I � •. 41 I wk: / woo �ePTlc TAMC a i( I w`�" a (� jr I.. llP "ON cuwR. ausrShoN 1 s° `n 1 FORCE WANp�J Now cum WE CF M IL sm NEW i A. .......... 1 ,� IGIIDE' / . ... 1 _ / y •.•.•.•.• •:•I ,-:;:;�•t ,- • �I. 1 aQ 1Y WATER li/1N i I 1 ::::::: � 3E _ x _ ._ _ _ —a — — r — _ "' 60 v at T1PE 1C I 1 CUL ' // ... .. .• / ..1......:; �.'-.-::•:':']f TER :F: a:::::: Y SDR as wtt , :: r'' ::• at- / eMgN Mont WE MT& 1 ;., �:;. STATION I ! t — -- — {f.;:•1':. * 1 .t .1.;.;.• .•:'a\. •r :. � ' •:. -��.•..-.• ta�o � arac TiTgC , 1L�1"Nl / I •I a \. + �IaawE I I '• '� 70oD:WiG:iP11��T 1I •'•';oi'.•:•:•:•:•:•:•.'<•:•. --- j I R:: \ \ u sr�:�-����'� i ;. ..1_..or ON cr III \ o RECEIVED .......... LEGEND: �..�,...�,. \ ........ r:: i. ....... —� 6 7a7i RDN PPE FT1llAD-��' .' •! PO„ ROD FOUND—w--_TfA UNE :.-. �, �• ,� it of So. Burlington wr-.xw -r aw FOUND—FW—,-ff t SEI" FORCE WAN �-J PT .1 •74.: y g A SIIRKKY BE" MARK —0—GAS UNEPC ` GRAPHIC SCALE 1Y� PNE lliCE —EAT— EII11W4 h MJ91/ONE _... OVERHEAD uNES ,1Ka1 INO TO EDGE OF WERAND C Pi T 04.69 (a mr ) — CE MF NE ExtsnNG swui a x J49.2' SPOT EIEVATKXI auu , P- :_.: rs.oz KENP4L L`— CONTOUR (NIFRNEOATE) �'. ]C 0018E MR / _ cj - •—_ - - � _330 . _ NOEX CONTOUR ( i • MARE FENCE _ �\ — •/ SPOT RAL FENCE _ _ _: - - •''--- _ '� ' -• -- S _ _ BOUNDARY Of METINNO pSlUPLAS � MUM WESSM SUSOMSION MSING PROPERTY LINE _ r r �- B.� 3+�5.�' sm V ERI PLM 6E lF 115- FOPS f u\ERT t F[S FIFE D.(. Ch .'d Iw.AuSOUTH BUFdJN(;TGN IA DTKI Y POLE OUPPS7-4D7 1{ W. OUT�331A 0— by . Aa Dd. � INF_- 1998 SHEET NS All 7w 4 - Y FORCE IONS gN.tlo.d by �9i_ Sod. 1" - 50' C M. DIMMM AM=AIM W- IN THE SME TRENCH AS THE 4' aEi9(IIrE. \4Allpri C -� SANTAitT SEVER FORCE MAIN Appr—d by — P-W FAn HIM City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 June 3, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Van Sicklen Road Dear Mr. Wessel: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the May 12, 1998 Planning Commission meeting minutes regarding the above referenced project. If you have any questions, please give me a call. ly, JdWeith, Ci v Planner JW/mcp 1 Encl cc: Dave Marshall 13 t 01 AROPT Or City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 8, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Van Sicklen Road Dear Mr. Wessel: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, May 12, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Y, % Veith, Planner JW/mcp Encls MrA May 11, 1998 CIVIL ENGINEERING P. O. Box 485 SHELBURNE, VERMONT 05482 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Summersweet Subdivision Sketch Plan Submittal Dear Mr. Weith: ASSOCIATES, INC. (802)985-2323 Fax No. (802) 985-2271 CHARLES R. DUNHAM President STEPHEN A. VOCK Vice President JEAN -CAROL DUNHAM Treasurer Civil Engineering Associates, Inc. has been retained by Bill and Diane Wessel to complete the infrastructure design and permitting associated with the proposed Summersweet Subdivision located off of Van Sicklen Road. As part of our review of the work completed to date in this area of the Southeast Quadrant, we noted that the determination of the 100-year flood level in the vicinity of the Van Sicklen Road crossing of Muddy Brook as computed by the Vermont Agency of Transportation (VAOT) differed from that estimated by Knight Consulting Engineers, Inc (KCE). We contacted Mr. Steve Lynch from the VAOT Hydraulics Section to determine the level of effort expended in completing their floodway analysis. He indicated that the Hydraulics Report completed for both the existing and proposed conditions took into account the characteristics of the watershed, the hydrodynamics of the stream and the hydraulic limitations of this and any upstream structures. In support of its analysis, the VAOT utilizes as many of its 14 adopted hydrologic methods (as is appropriate) for the watershed in question in determining the most representative flood characteristics for the area. Although the previous work completed by Knight Consulting Engineers in 1988 was not deficient in any way, it did not have the same level of detail that the VAOT was able to provide with all of its available resources. The enclosed VAOT Final Hydraulics Report for Highway 17 (Van Sicklen Road) over Muddy Brook outlines the flooding characteristics for the area immediately upstream of the existing bridge. For subsequent submittals associated with this application, we will conservatively assume that the downgradient water surface elevation of Muddy Brook is the same as that immediately above the existing structure. Field work completed by Vermont Land Surveyors indicates that the elevation datum for the Summersweet Subdivision is 222.34' above the benchmark datum established for the VAOT replacement bridge design. This converts the VAOT existing condition 100-year flood elevation from 101.6' to an elevation of 323.94' for the Summersweet Subdivision. This elevation is approximately 2.0' less than the 100-year flood elevation originally estimated by KCE. STUDIES a DESIGN • INSPECTION • TESTING SURVEYING & LAND DEVELOPMENT HYDRAULICS & HYDROLOGY SANITARY & WATER FOUNDATIONS & STRUCTURES CONCRETE 8 SOIL TESTING Mr. Joe Weith Page two May 11, 1998 Subsequent submittals to the City of South Burlington will reflect this modified information. If you should have any questions, please feel free to contact me at 985-2323. Respectfully, David S. Marshall, E. Project Engineer Enclosures Hydraulics Report cc: W. Wessel C:\OFFICE\W P W IN\LE7\98188\W E rrH FL.00D 05 07'98 TH17 09:09 FAX Y '828 2437 VAOT Project Devi Anent 001 i i FINAL HYDRAULICS REPORT TOWN: Williston - So. Burlington COUNTY: Chittenderi PROJECT NO.: TH3 _93.49STREAM: Muddv._Br.po'�___ _.. HIGHWAY NO.: TH 17 STRUCTURE NO.: 12 HYDROLOGIC DATA DRAINAGE AREA= 16.0 sq. mi. (41.44 sq. km.) CHARACTER OF TERRAIN: Hilly - Mountainous w/ areas of storage CHARACTER & TYPE OF STREA-M:_-Alluvial meandering, locally__anabranched NATURE OF STREAMBED: Silts & clay --- ---�-- - -_ _ Q2 - 33= 500 cfs4.16._ pMmjj Q50= 1600 cfs (45.31 cros ) Q10= 900 cfs ( 25. a9—cros )__. Q100=�950 �fs_�5�s22 cros ) Q25= 1300 cfs (36.82 cros ) Q500= 2700 cfs,.,-..( 76,_46 cros ) DATE OF FLOOD OF RECORD: Unknown WATER SURFACE ELEV.: Unknown ESTIMATED DISCHARGE: Unknown NATURAL STREAM VELOCITY @ Q25 = 8.8 fps (2.7 mps) ICE CONDITIONS: Moderate DEBRIS: Moderate DOES THE STREAM REACH MAXIMUM HIGHWATER ELEVATION RAPIDLY? Yes IS ORDINARY RISE RAPID? Yes IS STAGE AFFECTED BY UPSTREAM OR DOWNSTREAM CONDITIONS? IF YES, DESCRIBE. WATERSHED STORAGE 10% HEADWATERS UNIFORM THROUGHOUT WATERSHED X IMMEDIATELY ABOVE SITE EXISTING STRUCTURE STRUCTURE TYPE: Single Span Conc. Deck w/Stringers YEAR BUILT: 1957__ CLEAR SPAN ( NORMAL TO STREAM) :,_15-_,f_t (4.57 m ) VERTICAL CLEARANCE ABOVE STREAM13ED: 5 WATERWAY OF FULL OPENING: 84 sq. ft. (7.8 sq. m) DISPOSITION OF STRUCTURE: Remove and replace TYPE OF MATERIAL UNDER SUBSTRUCTURE: Ledge 05/07/98 THU 09:09 FAX 802 828 2437 VAUT Project DevaTI pment � 002 EXIST=NG S:77U�_. RE (CONTINUED) PAGE L WATER SURFACE F_EV. @ Q2. 33=_99.0 VELOCITY= �._E_ frls ( 2. 0_ mks l Q10= 100.8 S . __ fps (2 - 5 mps)_ Q25= 101.1 _ 8 -_8fps ; 2.7 mps) _.. Q50= 101.3 9 __fly_ (2 . E, mos.)_ Q100= 101.6 fps ( 2 . 9 mps_} LONG TERM STREAM BED CHANGES: Scour at Brldce LaaroaC;l_&_ Tip: ouch _._.-_- Bride IS THE ROADWAY OVERTOPPED BELOW THE 0100? Yes_ FREQ'JET"CY:_Q6_._ RELIEF ELEVATION:_100.4 DISCHARGE OVER ROAD @ Q100: 1504- Cfs UPSTREAM S`T_'30CTU£E: TOWN-_ Williston_ DISTANCE: 850C' HIGHWAY NO.: VT 116 _ STRUCTURE NO.: 30 STRUCTURE TYPE: Concrete Slab _. - ----- - --- CLEAR SPAN: , 12 _f.. CLEAR HET_GFT: 5 ft (1..52.m,.) YEAR BUILT: i967 FULL WATERWAY: 60_sc ft. (5_57_sg. m Z _ DOWNSTREAM STRUCTURE: TOWN: "Wi„l,liston,_ DISTANCE:. 6000_'__(1829._m.) HIGHWAY NO.. I 89 STRUCTURE NO.: 63 S & .' STRUCTURE TYPE: Comp. W. F. Beam St. CLEAR SPAN: 60 ft (18,_2,9„m1. CLEAR HEIGHT:_ 11 5.__f_t YEAR BUILT: 1963 FULL WATERWAY: 400 sq. ft137.!6 sq. m) _ PROPOSED STRUCTURE STRUCTURE TYPE: Single span concrete slab bridce CLEAR SPAN (NORMAL TO STREAM): 21 ft (6.4 m) VERTICAL CLEARANCE ABOVE STREAMBED: 6..5 ft (,.98_m) WATERWAY OF FULL OPENING: 126 sq . f t___-- WATER SURFACE ELEV. @ Q2. 33= 99.0 VELOCITY= _4.. 6 Q10= 100.E = 6.8 fos (2.1 mps) _ Q25= _101.,.2= 7.5 fps 2.3 mps) - Q50= 101.4 = 8.1 fqs _(2 _5irivs) Q100= 101.5 = 9.8 fps (3.0 mps) - IS THE ROADWAY OVERTOPPED BELOW THE Q100? _Ye.S FREQUENCY:_09 RELIEF ELEVATION: 100.5 DISCHARGE OVER ROAD @ Q100: 893 cfs (25.4_cros, AVERAGE LOW ELEVATION OF SUPERSTRUCTURE: 99.6 _ VERTICAL CLEARANCE @ Q2.33 = 0.6 ft (0.18 m) SCOUR: Historicai_,.(3_,0 ft) + Contraction (0_S fL = 3.5 ft (1.07 m) REQUIRED CHANNEL PROTECTION: .Stone fill, type--i_ PERMIT INFORMATION AVERAGE DAILY FLOW: 35 cfs (0.99 cros) ORDINARY LOW WATER: 15 cfs (0.42 cros) DEPTH: Flev. 96.0 ORDINARY HIGH WATER: 215 cfs (6.09 Cms)____ DEPTH: _„Elev,.. -98. 0 I Locator Map KWON --- _�----_-- — — _ DUf'PSTADT MER 16E CF, r r —� 6' �' t s D, APR 1 3 1999 City of So. Curlingtct , T.J. Boyle and Assoclates ape archk cm . p 3nnhp CCmIanls William Wessel ,7n u:,,hi 9.,.v 'r— 'll����e �t � Ja�►�<<��(���, III • jo —104Gb + .al /`�� S-1 1 —1998 3: 44PP 1 FRDt,1 P. 1 3rA May 11, 1998 CIVIL ENGINEERING F. 0. Box 485 SHELBURNE, VERMONT 05482 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Summersweet Subdivision Sketch Plan Submittal Dear Mr. Weith: ASSOCIATES, INC. (802)985-2323 Fax No. (802) 985.2271 CHARLES R. UUNHAM President STFPHEN A. VOCK Vkv President JEAN -CAROL DUNHAM Treasuror Civil Engineering Associates, Inc. has been retained by .Bill and Diane Wessel to complete the infrastructure design and permitting associated with the proposed Sununersweet Subdivision located off of Stan Sicklen Road. As part of our review of the work completed to date in this area of the Southeast Quadrant, we noted that the detenrnination of the 100-year flood level in the vicinity of the Van Sicklen Road crossing of Muddy Brook as computed by the Vermont Agency of Transportation (VAOT) differed from that T' estimated by Knight Consulting Engineers, Inc (KC);). We contacted Mr. Steve Lynch from the VAOT Hydraulics Section to determine the level of effort expended in completing their floodway analysis. He indicated that the Hydraulics Report completed for both the existing and proposed conditions took into account the characteristics of the watershed, the hydrodynamics of the stream and the hydraulic limitations of this and any upstream structures. In support of its analysis, the VAOT utilizes as many of its 14 adopted hydrologic methods (as is appropriate) for the watershed in question in determining the most representative flood characteristics for the area. Although the previous work completed by Knight Consulting Engineers in 1988 was not deficient in any way, it did not have the same level of detail that the VAOT was able to provide with all of its available resources. The enclosed VAOT Final hydraulics Report for Highway 17 (Van Sicklen Road) over Muddy Brook outlines the flooding characteristics for the area immediately upstream of the existing bridge. For subsequent submittals associated with this application, we will conservatively assume that the downgradient water surface elevation of Muddy Brook is the same as that immediately above the existing structure. .Field work completed by Vermont Land Surveyors indicates that the elevation datum for the Summersweet Subdivision. is 222,34' above the benchmark datum established for the VAOT replacement bridge design. This converts the VAOT existing condition I00-year flood elevation from 101.6'to an elevation of 323.94' for the Summersweet Subdivision. This elevation is approximately 2.0' less than the 100-year flood elevation originally estimated by KCE. 5-11-1998 3:45PM FROM P.2 Mr. Joe Weith Page two May 11, 1998 Subsequent submittals to the City of South Burlington will reflect this modified information. If you should have any questions, please feel free to contact me at 985-2323. Respectfully, David S. Marshall, .E. Project Engineer Enclosures Hydraulics Report cc: W. Wessel C:\OF710EIWFW rNLEI\481MWErrMPL.00D 5-11-1993 3:15PH FROM P. 3 05/07/88 THU 08:09 FAX 802 828 2437 VAOT FroJect beveIOpment UU1 MAL HYDRAULICS REPORT TOWN : W 11_Ys.tioZz - 9n Burl ington ___ COUNTY : C ittenden _. PROJECT N0.: TH,939 .-............._....... STREAM:.. HIGHWAY NO.: TH 17 STRUCTURE NO.: 12 ...... HYDROLOGIC DATA DRAINAGE AREA= 16.0 sq. MI. (41.44 sq. km.) CHARACTER O>` �`Ei�FtAIN: w..H.xl�y=_ l4auntainous w/ areas of storage CHARACTER & TYPE OF STREAM:_Alluval, meander,inc�,,....ocaX,].Y_.an�3br.nha NATURE OF STREAMBED: Silts & Clay Q2.33= 500 cfs S 14 ._16_ cros k 050= 1600 cfs (45.31 cros ) Q10= 900 cfs (25. 49_cry..?..,,._...:._,,...,.......... Q100= C s_i..55szz cros a Q25= 1300 cfs (36 82 cros) Q500- 270(Le fs__5.76, 46 cros ) DATE OF E'LOOD OF RECORD: Unknown WATER SURFACE ELEV.; Unknown ESTIMATED DISCHARGE: Unknown NATURAL STREAM VELOCITY @ 025 - 8 $ fps L2 7 mPS) ICE CONDITIONS: Moderate DEBRIS: Moderate _ „_..-._._ ....... DOES THE STREAM REACH MAXIMUM HIGHWATER ELEVATION RAPIDLY'. Yes IS ORDINARY RISE RAPID? IS STAGE AFFECTED BY UPSTREAM OR DOWNSTREAM CONDITIONS? _ Np 1F YES, DESCRIBE. ...._.__......._w WATERSHED STORA02 101 HEADWATERS UNIFORM THROUGHOUT WATERSHED X IMMEDIATELY ABOVE SITE EXISTING STRUCTURE STRUCTURE TYPE: Siek w/Stringers YEAR BUILT: 1957 CLEAR SPAN ( NORMAL TQ STREAM) :,.,15 Ar57 >I1) VERTICAL CLEARANCE ABOVE 5TREAMBED:._5. WATERWAY OF FULL OPENING: e4 sa ft. (7.8 sq. m) DISPOSITION OF STRUCTURE: Remove and replace TYPE OF MATERIAL UNDER SUBSTRUCTURE: Ledge 5-11-1993 3:16PM FROM 1 1 P.4 05/07/98 THU 09:09 FAX 602 828 2437 VAOT Protect Development EXISTT-NG STRUCTURE ( CONTINUED) RAGE L WATiw SURFACE 'ELEV. & 02.331-- 99.0 VEL0Ci11'%'=_ ..� .._... Q25= 1 01 Q50.= 101.3 Q100= Q1. G " 9, � fps. (2 . 9 mps ) ,,......._ LONG TERM S`rREn`i BED CHANGES: Scour at Bra-dae A ro4C;L > Q Bza�e ?S THE ROADWAY OVERTOPPED BELOW TH2 0100? -Y.p,s ... FREQUENCY:..�f_........ RELIEF ELEVA:ION: __10-0. E__ DISCHARGE OVER ROAD @ Q100: 1.504,. „cis UPSTREAM STRUCTURE: TOWN- WY.l1istC11 DISTANCE: .....8.5.a.L'. .....� 2 5..9-..,,...s?!..)..._.. iIGHWRY I:0.: VT 116 STRUCTURE ITV.:_ 30 STRUCTURE TYPE: -Concrete- T—T CLEAR SPAN: .,,�.2.....f..�. {.�...��._m�._....... CLEAR F-'EIGYT: .....`�. fit......{ •..`�Z.m}.... YEAR BUILT: 1967 PALL 'WAT..ERWAY : 6.0,,Ia.,...f t__5_57 sa. m) DOWNSTREAM STRUCTURE: TOWN: -Williston .,. DISTANCE: .6000' HIGHWAY NO.: 1 69 STRUCTURE NO.: 63 $ STRUCTURE TYPE: Comp., _W._st CLEAR SRAr: 60 ft ( s;,, ,3,,,, .1,,.,,._,_,, CLEAR HEIGHT: 11,.5.--.�. ...........�....�....... . YEAR BUILT: 1963 FULL WATERWAY: 400 scr_ft (37.16 sq. m),�_ PROPOSED STRUCTURE STRUCTURE TYVE; single span concrete slab bridGe CLEAR S?AN (NORMAL TO STREAM): 21 fr_ (6.4 m) VERTICAL CLEARANCE ABOVE STREAMBED: ,..6,.,5...:.f� ...L.= 9.$_..:"ti):._._._...,_.........::.................. 14TATEFZWAY OF FULL OPENING: 126... ......... ._......_.......... WATER SURFACE ELEV. @ Q2.33= 99.R VZLOC!TY=._4,_6 f s�1_4 mpW Q10= 100.E " = 2.1 Q 2 5 = 1 a-�.r.2 - _.., ff = 7.5 f n✓ z Q50= 101.4 " - 5.1 fDs 12.5 Q100= 101.5 " =. ..5�fps (3-0 mps) IS THE ROADWAY OVERTOPPED BELOW THE Q100? Y(eS FREQUENCY:_Qq RELIEF ELEVATION: 100 . 5 DISCHARGE OVER ROAD @ 0100 - _89,3,_9f,s.,,,,,( AVERAGE IOW ELEVATION OF SUPERSTRUCTURE: 99.6 VERTICAL CLEARANCE @ 02.33 = 0.6 ft (0, m) SCOUR : I istoric,al . �3_..0 fr.) + ContracziQn (0. 5 ft.) = 3.5 f t L1.07 m ) REQUIRED CTX.A.NX-V'L PROTECT!OX:., .�tDli_e ;U 1 . type II PERMIT INFORMATION AVERAGE DAILY FLOW: 35 cfs (0.94 cros)_____ ORDINARY LOW WATER: 15 0.42 cros? DEFTR: El.ey, 96.0 ORDINARY HIGH WATER: 215 cfs (6 _ 09 cm5)........ __._. DEPTH: ��LiPv,.,_,98. 0 PLANNING COMMISSION 17 November 1992 page k Mr. Condos noted the next building is already too close to the boundary line. Mr. Craig said that in this case they need something substantial between the two buildings in the way of landscaping and a fence. Mq. Peacock felt the decks should be cut back or not built as they go even further into the side yard setback. Mr. Austin felt a little more landscaping would be adequate. Mr. Sheahan, Mr. Burgess and Mrs. Maher had no prob- lem with side yard setbacks. Regarding the pavers, Ms. Peacock said she had been enthusiastic about these pavers and wanted to see them work. She asked that the applicant try again in the spring to get grass to grow be- tween them. Other members agreed. Regarding parking, Mr. Rabideau said they don't need additional parking. The Commission said they wanted green space and a sidewalk. Mr. Weith noted the approved plan shows a sidewalk on the west side of the access. The new plan doesn't show it: Members again said they want the sidewalk. Mr. Weith said on the Revised Final Plat he wants to see an in- dication of what landscaping has been put in and what is yet to be done. Mr. Craig asked why a certificate of occupancy was granted when the retention pond is not fenced. Mr. Rabideau said they will fence it. Mrs. Maher asked where the Commission failed in this situation. Mr. Weith said the Commission didn't fail. There needs to be more careful checking of a plan before a Certificate of Occupancy is issued. 6. Sketch plan application of William Wessel for a 20-lot, single family planned residential development, Van Sicklen Road: Mr. Boyle noted that the plan now meets all city standards for streets. All lots except the three in front are on a city street. There is a 24 foot driveway to serve those three lots. They are asking for a waiver for one lot that doesn't meet frontage requirements. Mr. Burgess noted that when the road is plowed by the city, the private drive will be blocked. Mrs. Maher asked if the private drive will be paved. Mr. Wessel said he hadn't decided yet. The Commission felt it would be better off gravelled. Members didn't like the idea of the private drive, but since it �l is legal they felt they wouldn't object. MEMORANDUM To: Applicants/Project Files From: Raymond J. Belair, Zoning & Planning Assistant Re: Preliminary Comments, May 12, 1998 agenda items Date: April20, 1998 TYGATE COMPANIES - ADD PARKING - SITE PLAN — sheet S 1 should show the land that was bought from Summerwoods and merged with this Tygate property. — scale on plan should be 1 " = 40' not 1 " = 20'. — all loss of landscaping should be offset with the planting of new landscaping. — staff is concerned with the loss of green area for this parking lot which essentially serves as the property's front yard. Landscaping should be planted along the new parking lot in order to screen it from view from Williston Road. WILLIAM WESSEL - 4 LOT SUBDIVISION - SKETCH PLAN four (4) single family lots are proposed to be served by a private road 1300 feet long. Section 401.10)(1)(a) of the subdivision regulations requires that a roadway serving four (4) or more separate residential lots be publically owned. Section 401.1(g) of the subdivision regulations limits the length of a cul-de-sac street to 850 feet. The length of the street proposed is 450 feet greater than allowed. the house on lot #3 is proposed within a restricted area as shown on the SEQ zoning map. The applicant should address the criteria in Section 6.606 of the zoning regulations. encroachment into wetland buffer C.O. District is proposed. Applicant should address Section 3.503(a)-(e) of the zoning regulations with a statement from a wetland expert. the house on lot #3 is proposed to be constructed partially within the 100 year floodplain. This is not permitted under Article XX of the zoning regulations. Section 412.4 of the subdivision regulations requires street trees along the private road. This should be shown on the preliminary plat. the preliminary plat should include a sewer allocation request. if a public r.o.w. is proposed, a connection to the property to the north should be reserved. MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: May 12, 1998 agenda items Date: April 16, 1998 1) 2) L&M Partnership Fayette Road Dated 3/27/98 The new buildings should be sprinklered. Our concern is that the emergency access road be well maintained so that it is available when needed. The key for the gate should be placed in the knox box. William Wessel Dated 4/13/98 Van Sicklen Road Acceptable 3) Tygate Properties 1076 Williston Road Acceptable 4) Brian Waxler 1242 Shelburne Road Acceptable 5) Ying Liu Hinesburg Road These buildings should have sprinklers. Dated 4/13/98 Dated 4/13/98 Dated 4/13/98 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: May 12, 1998 Agenda Items Date: April 17,1998 L&M PARK, BUILDING NO. 6 & 7 - SHELBURNE ROAD 1. Surplus excavation, if any, should be removed from site. 2. Site plans prepared by Llewellyn, Inc., dated March, 1998 are well done and are acceptable. BILL WESSEL - 4 LOT SUBDIVISION - VAN SICKLEN ROAD The private gravel road should be opposite the street (Old Stone House Road) planned for the Duppstadt development. TYGATE PROPERTIES - PARKING LOT EXPANSION - WILLISTON ROAD Site plan prepared by Wiemann-Lamphere dated 4/13/98 is acceptable. BRIAN WAXLER - SHELBURNE ROAD 1. Water Department should get a set of plans for their review of the proposed water service line. 2. Site plans prepared by DuBois & King dated March, 1998 are acceptable. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 20, 1998 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 4 Lot Subdivision, Van Sicklen Road Dear Bill: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, May 1, 1998. If you have any questions, please give me a call. Si erely, q;v� Raymon . Belair, Zoning and Planning Assistant RJB/mcp Encls cc: Terry Boyle Memorandum - November 17, November 13, Page 5 Planning 1992 agenda items 1992 6) WILLIAM WESSEL - 20 UNIT PRD - VAN SICKLEN ROAD The applicant has revised his proposed development to comply with the City's Roadway Policy and is resubmitting a sketch plan. This project consists of the construction of a 20 unit PRD on a 48.7 acre parcel on Van Sicklen Road. 7.3 acres of this 48.7 acre parcel are in Williston. The Planning Commission reviewed a sketch plan for this project on 9/15/92 (minutes not yet available). This property is located within the SEQ District. A portion of the lot is within--er-development area and a portion is within a restricted area. This property is bounded on the north and east by open land, on the west by a horse stable and large lot residences, and on the south by a single family home and Van Sicklen Road. Muddy Brook runs through the southeast corner of the parcel. Density: The PRD provision in the SEQ zoning may allow this property to generate 45 units (base density) plus an opportunity for 25% or 57 units maximum. The maximum units allowed on this parcel is based on the development area -of 17.1 acres as shown on the SEQ zoning map multiplied by 4 for a total of 68.4 units allowed. The applicant is proposing 20 units total. Access: Access to the development will be via a 60 foot r.o.w. and 30 foot wide road from Van Sicklen Road ending in a cul-de-sac. A private roadway is proposed which would serve three (3) lots. It would have a 30 foot r.o.w. with 24 feet of pavement. This width is acceptable provided there is no parking along the street. A 60 foot r.o.w. is being reserved for future connection to the lands to the north. This road would someday connect via a circuitous roadway network to Dubois Drive. Lot Size: The minimum lot size in the SEQ District for single family use is 12,000 square feet and the lots proposed range from 26,570 square feet to 37,000 square feet. The minimum frontage requirement is 85 feet. Lots #7 and #10 do not appear to meet this minimum frontage requirement. The Planning Commission can modify this requirement pursuant of Section 11.50`7�b1 of the zoning regulations. yvD i' S M �# no" Memorandum - Planning November 17, 1992 agenda items November 13, 1992 Page 6 Nonbuildable area: A portion of the development is proposed outside of the designated development area as shown on the SEQ zoning map. Section 26.606 of the zoning regulations allows the Planning Commission to review proposed developments in a restricted area according to certain criteria contained in this section. The applicant has addressed these criteria in some comments which he submitted (see enclosed). At previous meetings it has been asked how the boundary between developable -and restricted areas in this area of the City were defined. The developable/restricted area boundary affecting the Wessel property was determined based on a number of considerations and goals. These include: 1) wetland along Muddy Brook, 2) floodplain along Muddy Brook, 3) Conservation and Open Space zone along Muddy Brook, 4) substantial wildlife habitat along the Muddy Brook corridor, 5) the goal to create an adequate buffer of greenway corridor along Muddy Brook, and 6) the need to easily define the developable/restricted area boundary. In this case it is defined by drawing a straight line between two property corner markers. Staff recommends that the Commission approve the applicant's proposal to create lots for residential development in the "restricted area" affecting the property. The area to be developed affects only a small portion of the restricted area and it is staff's opinion that the remaining restricted area will adequately promote the goals listed above. In addition, the applicant is proposing to leave a large portion within the "developable area" as open space since it was discovered to be a wetland. This is a good example where the Commission can allow variation in the developable/restricted area concept based on more site specific study. Staff recommends that appropriate legal documents be recorded with the deeds which prohibit disturbance of the wetlands. In addition, staff recommends that the applicant's proposed new boundary between developable and restricted areas be removed from the plan. The area within the restricted area which will be allowed to be developed as a result of the PRD will follow the limits of upland as identified on the plan. C Memorandum - Planning November 17, 1992 agenda items November 13, 1992 Page 7 Wetlands: This site contains 27.5 acres of Class II and Class III wetlands of which only .9 acres of class III wetlands will be impacted. A wetland delineation map has been prepared and a Conditional Use Determination (CUD) obtained from the State for this disturbance. The CUD findings, conclusions and decision are enclosed. Staff recommends that the deeds for all the lots contain a restriction prohibiting any disturbance of the wetlands. Pedestrian Trail/Recreation Path: The applicant is proposing to use an existing farm road which runs along Muddy Brook for -a pedestrian trail/recreation path. The Recreation Path Committee has reviewed these plans and are in favor of using this farm road. Recreation Fee: Applicant will be responsible to pay the per unit recreation fee in effect at the time the zoning/building permit is issued for each house. Water/Sewer: Municipal water and sewer systems are proposed to serve this development. The applicant is proposing to extend 8" water and sewer mains to serve this development. Other: the applicant has addressed the PUD criteria contained in Section 19.15 of the zoning regulations (see enclosed narrative). 7) SOUTH BURLINGTON REALTY - MIXED USE BUILDING -SITE PLAN This project consists of the construction of a 14,720 square foot mixed use building in place of the previously approved 12,000 square foot retail building. Uses will consist of a 4480 square foot tire store, 2560 square feet for auto care use, 2880 square feet for office use and 4800 square feet for auto parts store (1680 square feet retail and 3120 square feet warehouse/distribution). The retail building was approved by the Planning Commission on 3/3/92 (minutes enclosed) and a six (6) month extension was approved on 8/4/92. 7 List of contiguous property owners William B. Wessel Summersweet Development Van Sicklen Road Highland Terrace 20 Soon K. and Mikyung P. Kwon 40 John W. and Patricia A. Tutor 50 Mark R. and Marsha S. Abrams Van Sicklen Road 300 Douglas J. and Doreen B. Kendall 133 Mr. James and Victoria Fraser 200 Dr. David and Kathy Gage 333 C. Lynn and Jane G. Fife William E. Mikell (Williston) Hinesburg Road 1550 Nile A. and Julie Duppstadt Summer Ice — c/o Staige Davis 360 Main Street Burlington City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER ZONING ADMINISTRATOR 658-7f-Q: Bruce O`Neill 658-7958 FROM: Raymond J. Belair, Zoning and Planning Assistant RE: Wessel 4 Lot Subdivision DATE: April 27, 1998 The Planning Commission will be reviewing a sketch plan at their May 12, 1998 meeting for a four (4) lot subdivision on a parcel of land located on the north side of Van Sicklen Road, which also borders along Muddy Brook (see attached map). The Recreation Path map shows that there is a dedicated recreation path easement on this property along Muddy Brook. Would you please ask the Recreation Path Committee to review this proposal and solicit any comments. 1) CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN Name, address, and phone number of: a. Owner of record William B. Wessel b. Applicant 70 Highland Terrace South Burlington, VT (802) 862-4092 William B. Wessel c. Contact William B. Wessel or Terrence Boyle 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). A four lot single family subdivision on 48 acres off Van Sicklen Road 3) Applicant's legal interest in the property (fee simple, option, etc. fee simple 4) Names of owners of record of all contiguous properties see attached list 5)* Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. City easement for school bus turnaround, pedestrian easement along Muddy Brook and utility easement from north to south through the site. 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. New homes will be connected to muni- cipal sewer and water. Service from Dubois Drive to Van Sicklen Road by the Duppstadt subdivision. A private driveway will service the four homes. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affects the proposed subdivision, and include the dates of such actions: Have previously meWnplanning commission to discuss the project for sketch plan review. Then the project had a higher density. 8) Submit five copies and one reduced copy (81 x 11, 8J x 14 or 11 x 17) of a Sketch plan showing the following information: a) Name and address of the owner of record and applicant. b) Name of owners of record of contiguous properties. c) Date, true north arrow and scale (numerical and graphic). d) Boundaries and area of: 1) all contiguous land belonging to owner of record, and 2) proposed subdivision. e) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. f) Type of, location, and size of existing and proposed streets, structures, utilities, and open space. g) Existing zoning boundaries. h) Existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. i) Location of existing septic systems and wells. j) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. k) All applicable information required for a site plan, as provided in the South Burlington Zoning Regulations, shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned unit development, or planned residential ;Zevepment. (Signature) applicant or contact person Date No Text WM. D. COUNTRYMAN Environmental Assessment And Planning R.D.1, WINCH HILL NORTHFIELD, VERMONT 05663 802-485-8421 14 April 1997 South Burlington City Clerk 575 Dorset Street South Burlington, VT 05403 Dear Sirs: In accordance with Section 8.2 of the Vermont Wetland Rules, I am forwarding a copy of the application for Conditional Use Determination (CUD) for a project in South Burlington. The Summer Field Development is proposed by Mr. Bill Wessel and will consist of 4 houses off Van Sicklen Road. This project is anticipated to have impacts to 27,530 sq. ft. (0.63 acre) of Class Two wetland and 106,550 sq. ft. (2.45 acres) of buffer zone. The impacts will occur from the drives and placement of utilities to serve these houses. The wetlands which will be affected are of the wet -meadow type and impacts on protected functions and values are anticipated to be minimal. If you have any questions, please feel free to contact this office. Sincerely, Arthur V. Gilman AVG/s enc. The South Burlington Planning Commission held a meeting on Tuesday, 15 September 1992 at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Memb�rs Present: William Burgess, Chairman; Mary -Barbara Maher, Catherine Peacock, David Austin, Terry Sheahan ,4,1,4 �, V nr5 rj..0 Also Present: Joe Weith, City Planner; Sid Poger, The Other Paper; James Carroll, Nancy Knox, Richard Halverson, Cathy O'Brien, Dave Kleh, Bruce Irish, Watt Erickson, Sr., Watt Erickson, Jr., Jim Truax, Khalid Makhonreh, L. Zachery, Lance Llewellyn, Terry Boyle, Bill Wessel, Bob Krebs, Shelley Snyder, Michael Sheridan 1. Other Business: Mr. Burgess informed members of a meeting on 29 September of the Rt. 7 Corridor Study. Mr. Craig and Mr. Weith will attend. Mr. Weith told the Commission that L&M Park people have sub- mitted plans for Final Plat that differ somewhat from what was discussed at sketch. Mr. Weith felt the revisions are minor and has warned the Final Plat for 10/29/92. The Commission agreed to hear it. Mr. Weith informed members that the 90 day period in which to re- cord the Final Plat on the Handy/Jennings approval has expired. The Commission agreed to hold both Preliminary and Final Plats on the same night. Members agreed to add an Item #8 to the agenda to discuss the City Center Plan Public Forum. 2. Review Minutes of 25 August 1992: Mrs. Maher moved to approve the Minutes of 25 August as written. Ms. Peacock seconded. Motion passed unanimously. 3. Continued sketch plan application of William Wessel for a 20 single-family lot planned residential development, Van Sicklen Road: Mr. Boyle began by reviewing the location of the planned de- velopment along with proposed accesses. The applicant wants to make interior roads private roads with less paved roadway. He noted that concerns about this and other issues had been raised at the first sketch plan hearing. Mr. Boyle then addressed the comments of the Natural Resources Committee. He said there would be no impact on wildlife. He felt the drainage concerns were PLANNING COMMISSION 15 September 1992 page 2 addressable as foundations in cellars (especially lots 2 & 3) would stop the natural flow of water. Water will be diverted from lots 2 & 3. The Natural Resources Committee had expressed concern about the impact of road construction acting like a dam. Mr. Boyle said that is somewhat true. He showed the location of proposed culverts and felt these could be maintained as is or made wetter. He said they don't intend to dry out the area sig- nificantly. Mr. Boyle explained that they are requesting a waiver on curtS: of road and road widths. He felt it was more ecologically sound to get water off the road sooner and slow down the flow. They propose a 24 foot road with a 5 foot sidewalk. There would be a 70 foot turn -around in the cul de sacs. He showed cross -sections of the road plans and cul de sacs. Mr. Boyle noted they had had no success in trying to.convince the City Attorney to waive the standards. Mrs. Maher cited the long-range costs to the city as people in the small cul de sacs will ask the city to make those streets public roads and the city will have to take them over and main- tain them. Mr. Boyle said they had assumed the roads would be public. They would just have different standards. Mr. Weith noted that Mr. Audette said curbing is needed to direct drainage. He also felt that the snowplow would tear up lawns if there is no curbing, and the city would have to repair the damage. Mr. Audette said 30 foot roads allow the plow to get past parked cars. Mr. Boyle said they didn't feel the drainage issue applies to them as they can drain between houses. These will be small clusters of houses and units will be readily drainable by a surface system. Mr. Shawl asked where the right of way would tie in. Mr. Boyle said the city map shows a connection to Dubois Drive by the cul de sac. Mr. Shawl was concerned that people would try to avoid Hinesburg Rd. and go through the residential neighborhood if this is the case. Mark Crow added that existing traffic on Van Sicklen is quite heavy now because it is a shortcut from Williston to Shelburne Rd. He felt this development would add to that. Shelley Snyder of the Natural Resources Committee said that lots #16-20 are in a very wet area. She felt these houses should be relocated. Mr. Weith said there would have to be an expert's opinion on this. Mr. Boyle said two top people from the state have looked at the plan. Mr. Sheahan said he would like more information from Mr. Audette and the City Engineer regarding maintenance costs of sub -standard roads. Mrs. Maher also wanted to hear from the Fire Chief. 2 PLANNING COMMISSION 15 September 1992 page 3 Mr. Austin asked whether all areas not built on will be common land. Mr. Boyle said they would be. Mr. Teeson said he felt the plan works well on thecsite and that the Commission had to be flexible. Mr. Burgess reviewed the situation. He noted there seemed to be sentiment toward waiving the standards and the Commission wanted to hear further from the people and agencies who oppose this. He invited the applicant to be present when the City Engineer, Fire Chief, and Street Superintendent come to the Commission. Mr. Burgess also noted that the wetland issue was not "dead" yet and members would like to be satisfied that lots 16-20 are not in a wetland. Mr. Austin asked whether the applicant is willing to give a right of way for a potential future hook-up to Dubois Drive. Mr. Wessell said he would. The city would have to get a national permit to do this because of the wetlands issue. 4. Site Plan application of Grossman's for expansion of an existing parking lot, Bartlett Bay Road: Mr. Halverson noted a parking variance was granted when Grossmans first occupied the building. Now, for safety reasons, they need more parking. They want to add this at the west of the building. They have approximately 70 ft., but there is an elevated sewer main in that space and an electric line in an easement. They have tried to design a lot to give them 27 more spaces. Mr. Halverson noted there is a man-made ditch along the railroad line which is under the city regulations for a CO -District. They thus cannot install a parking area with the required 50 foot set- back from the CO -zone. They appealed to the Zoning Board for a variance which was granted last night. Mr. Burgess noted the applicant had precluded parking in as many as 24 parking spaces by stacking pallets of material in them. Mr. Halvorsen said they wouldn't do this any more. Mr. Burgess asked if they would then need the additional 27 spaces since they would be "reclaiming" 24. Mr. Halverson said they would still need the 27 spaces. Ms. Knox of Pinkham Engineering said they will regrade and provide a new grass swale. They will put a storm water sediment trap around the catch basin to allow water to be treated before it gets into the catch basin. Ms. O'Brien noted that Natural Resources had been concerned originally because the applicant had shown a straight flow from the parking lot (with oil, gas, 3 PLANNING COMMISSION 20 October 1992 page 3 Mr. Szymanski echoed Mr. Audette's comments. He said whenever you drain a street into adjacent property .you are asking for trouble. People are always complaining. He felt the standard should be maintained. Mr. Hafter said that when people buy property and pay taxes they want the same services everyone else gets. Even though a de- veloper says the streets will be privately maintained, this does not work as residents demand city services. The standards were adopted to avoid these kinds of problems. He said the bottom line is that private streets don't work. Mrs. Maher said the Fire Chief told Aq'F..,.hedoesn't object to 24 ft. widths at the ingress but wants 30 ft. where there are houses so he can get trucks in there. Mr. Audette felt the access road should also be 30 ft. Mr. Burgess said he is not against more grass or in favor of urban sprawl. But increased maintenance costs to the city is an important concern. Mr. Sheahan said there is also the question of setting a prece- dent, and if the Commission yields in one case they will be asked to do it again and again. Mr. Craig felt he had heard adequate testimony from city offic- ials and would vote to uphold city standards. Mr. Austin said he felt it was a shame not to allow for homes that cost less, but it seems to be only a shifting of costs not an elimination of costs. Ms. Peacock and Mrs. Maher agreed. Mr. Teeson said he had no problem with a 24 ft. secondary road but wanted to see 30 ft. on primary roads. 5. Discussion with South Burlington Natural Resources Committee: Mr. Burgess said the Committee had requested the meeting and wants to know what role the Commission sees for them in the de- velopment process. He felt personally that it was an informal role -in- which the Natural Resources Committee was asked for its opinion on a particular proposal or situation. Mr. Craig felt the Committee had to comment on a situation within a context not just with subjective comments. Mr. Austin noted the Committee has some authority in cases of the alteration of a stream. He said he values their opinions as the members know a lot more about natural resource impacts. He felt that the Committee's approach as an advocate for natural resources was appropriate. PLANNING COMMISSION 20 October 1992 page 2 4. Discussion of City Street relate to the proposed 20-lot on Van Sicklen Road: Standards, particularly as they planned residential development Mr. Boyle showed the Commission a publication called "Residential Streets: which discusses different types of streets for dif- ferent types of neighborhoods. He felt the site in question which is in the Southeast Quadrant wasn't urban in any sense because of its proximity to Muddy Brook and was not likely to become dense. Houses will be set high and roads will always be on fill. To return water into the adjacent wetlands makes sense instead of pipes and a retention basin. They can even grade the cul de sacs by swales between buildings. He showed a plan of how this would be accomplished. Mrs. Maher noted she had been told by people who have a similar type of system that it freezes and backs up. Mr. Boyle said they would try to avoid a culvert under the driveway which he believed caused the freezing. He said there is adequate parking in driveways and people won't need to park on the street. The streets could be signed for parking on one side only. He felt a 30 foot road was excessive. The developer is also willing to put in a sidewalk. Mr. Craig noted this would be a requirement. Mr. Boyle said they never assumed a sidewalk would be required in a cul de sac. Mr. Audette said such a plan would be fine in Florida, but here there is a question of snow drifting into drainageways and swales. Knowing how wind blows in that area, this is very likely to happen. In the spring, there is hard -packed drifted snow in the swales where water is supposed to run. Mr Audette showed pictures of roads without curbs and a 24 foot road with an un- curbed cul de sac. He noted the breaking up of the road and other damage. He said he felt the proposed plan was a step backward. Curbs keep pavement "in a box," Mr. Audette said. He added that it costs the city $1,000. per 500 feet per year to repair these streets. Shoulders break off, and the road does not hold up. Mr. Audette said they just paved Old Cross Rd. last year and the shoulders are already breaking off. They also just had to put in a complete drainage system in Davis Parkway as sheet drainage doesn't work. He felt this was just passing on to the tax payer what the developer saves. Mr. Audette also said there will always be cars parking in the street. At Valley Ridge, fire trucks couldn't get through when cars were parked on both sides of a 24 ft. street. And there are many cases when snowplows couldn't get through there this past winter. He added that people also park on peoples' lawns when there are no curbs. PLANNING COMMISSION 28 July 1992 page 9 - recommend approval of installation of STOP signs as indicated b the applicant. Mr. Crai seconded. Motion passed unanimously. Ms. Peacock moved the Planning Commission approve the site plan a lication of Trillium Realt Inc, for construction of a 10,584 sq. ft. addition for medical office use to an existi,ng 11.274 sq. ft. medical office building as depicted on a plan entitled "Pro- osed Addition, Aescula ius, Site Plan," re ared b Civil En in- eerin� Associates,__Inc,_dated June, 1992, last -revised 7/27/92, with the following stipulations: 1. The applicant shall post a $15,500, 3-year landscaping bond prior_to issuance of a zoninq/building permit. 2. A allocatiion of 1,185 applicant issuance 3. All new on -site lighting shall be down -casting, shielded lum- inaires and shall not cast light beyond the property line. 4. A zonin /buildin permit shall be obtained within 6 months or this approval is null and void. Mr. Crp,:lg seconded. Motion passed unanimously. 6. Sketch plan application of William Wessel for a 20 single fam- ily lot planned residential development, Van Sicklen Road: Mr. Boyle said access will be via a 60 ft. r.o.w.. There will be a 30 ft. road from Van Sicklen ending in a cul de sac. There will be 3 clusters of housing served by this road. There will be 3 smaller cul de sacs. Mr Boyle said it was their feeling that the "developable" and "undevelopable" areas should be adjusted. Mr Craig felt the Com- mission should make a trip to see these areas. Mr. Weith noted the current designations are for reasons of: flood plain, a buffer along Muddy Brook and wildlife habitat along muddy brook. Mr. Boyle said they don't want to overpave. They have no problem with the main street being to city standard but didn't feel the other streets should have to be. They feel 30 ft. of pavement is excessive on a cul de sac with only 5 units. Mr. Craig said he wanted the opinion of the Fire Chief and Street Dept. as he didn't want to create a nightmare for the city from the point of view of safety and maintenance. Mr. Weith said that neither the Fire Chief nor the Street Superintendent would budge on 30 foot streets. Mr. Knif said he felt a wide street is good, es- pecially for bike riding safety. PLANNING COMMISSION 28 July 1992 page 10 Mr. Shaw asked for a buffer between their honmes and this or any subsequent development. Members felt they should meet with city personnel to discuss the issue of road standards. Other residents were concerned with screening and asked to be in- vited when the Commission walks the area. They felt this is a very special area for the city. Shelley Snyder of the Natural Resources Committee expressed concerns as this is a major ground water route with wildlife. Mr Boyle said the District Biologist says this development won't -"-- have an adverse effect on wildlife. Ms. Snyder said they are also concerned with surface runoff and the proximity to Muddy Brook. Mr Boyle said runoff will go to grass swales and back to the wetland. Further discussion was delayed until the area could be viewed and city personnel could be consulted. As there was no further business to come before the Commission, the meeting adjourned at 10:55 pm. / erk _- -- _ .ABRA=S I / 11 I\ \ 1 \ TRUTOR I i 1 I / I / 1/ ' OUEN ACRES '•lam r � „"// �,�/� < /,��iI 4 Common Land / Consemaiien`nd Sp Olen ct Bouace =-�' ndary \ % / Stream Setback I'8" White Pine / O ProPo P ,FPO, ..;;Rer / .•d�pc . //j� /. ab y Scotch Piref/ r0 :'•`'a \ /Common land ,,' , , ,/ `/ Proposed Water and Sewer lines FIFE / from City of S. Burlington to be 8' In diameter Locus Map I 1 1 tvIKELL 1 I 1 I 1 I 1 I -0 So 100 200 ., 400 FLf1' -100• - bndscope acnrtecn • p�arxunq cpnsunonn _ 301 college sheet • budinglon • vwrcnt • 05401_ • 802 • 658 • 35M House Lot Data Lot Acre Lot Acre lot Acre Lot Acre 1 .76 6 75 11 • .69 16 .67 2 AS 7 .70 12 - '.61 17 .66 3 .81 8 .80 13 .62 18 .66 4 76 9 .76 14 .64 19 75 5 71 10 72 15 .71 20 75 Present Zoning Developable Area =17.1 Acres Proposed Zoning Developable Area = 21.6 Acres Upland/Developal,le Area =13.9 Acres Class III Wetlands Impacted by Development = .91 Proposed Development =17.1 acres or 35% of 48.7 acres E C E 7 1. 7 U 140V o z 1992 City of So. Burlington KEY Conservation arid Open Space District Boundary ' Stream Setback —�— Floodplain Overlay District City of South Burlington —�— Archaeological Zone Fire Hydrant k=�=� Upland/Developable Class III Wetlands I _ Class III Wetlands Impacted by Development Graphic Houses are diagrammatic Only Owner. William Wessel 70 Highland Terrace, South Burlington, VT 05403 T � aOn� Sketch Plan Wessel Subdivision:20UnitPU.D. '�"�"° ,,,,. I„ =100' Van Sicklen Road, South Burlington, VT_ State of Vermont • a Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Date: February 24, 1997 Applicant: Bill Wessel Address: 70 Highland Terrace South Burlington, VT 05403 Dear Mr. Wessel, AGENCY OF NATURAL RESOURCES Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone#(802) 879-6563 Subject: 4 Lot Subdivision off Van Sicklen Road, South Burlington - Monitoring Plan Our office has received a proposed groundwater plan for the above referenced project. The monitoring program described in Section 1-7-07A .1)c., of the Environmental Protection Rules includes, at a minimum, weekly readings by your consultant from March 1 to June 1. We are hereby approving this monitoring plan for this spring. We would be interested in the results whether favorable or not as valuable information on soil and groundwater determinations. Please note that this approval is limited and does not include blanket approval of this project. All aspects of the Rules must be met before any final approval. Please contact our office if you have any questions. Sincerely, William E. Zabiloski Assistant Regional Engineer c Town of South Burlington Wheeler Engineering WM. D. COUNTRYMAN Enuironmental Assessment Arid Planning R.D.1, WINCH HILL NORTHFIELD, VERMONT 05663 802-485-8421 28 February 1996 Dr. Carl W. Pagel Vermont wetlands Coordinator 103 South Main Street Waterbury, VT 05671-0408 Dear Carl, This letter recapitulates our telephone coversation of this morning in regard to the Wessel project in South Burlington. I have spoken with Mr. Wessel and have briefly visited the site but have not walked over the site. In December, we had advised him that any work in the wetland or its 50-foot buffer would require a CUD from your office. Prior to commencement of the work (trenching for soil testing) which is under way, Mr. Wessel had the boundary of the wetland re -flagged (from the delineation that Bruce Watson and Bill Countryman had performed in connection with the CUD that was granted in 1990) so that he would be sure to avoid it. He assures me that the work is at least 50 feet away from this wetland boundary. He has gained access to the work site by driving machinery over the frozen ground, thereby not needing to make a temporary road through the wetland. In one area near van Sicklen Road, he has had to push over some brush in the old roadway which passes through the edge of the wetland. If the test is successful, Mr. Wessel will need to bring in crushed stone to construct the drain as planned. At that time, he anticipates needing a temporary road through the wetland, and I advised that a CUD would be necessary for this. Therefore, at this time Mr. Wessell is considering having that temporary road designed and laid out in such a way that it could be the permanent road for the proposed houses. Since the proposed impact would be less than was previously permitted under the earlier CUD, it would seem that a CUD could be obtained for it. However, Carl Pagel 28 February 1996 Page 2 because of the anticipated time necessary for a CUD application, public notice etc., we have suggested to Mr. Wessell that the process be started as soon as practicable for him. If the testing shows, on the other hand, that development is not feasible, then he would plan merely to restore the ground to grade. We will keep you appraised of the situation in either instance. Sincerely, Arthur V. Gilman AVG/s cc: Bill Wessel TO: Planning Commission FROM: Natural Resources Committee DATE: 21 August 1992 RE: Van Sicklen Road Property The site was walked on 28 July 1992 by Bill LaLiberte and Shelley Snyder. The site was walked again on 13 August 1992 by the developer and the Planning Commission. We found several natural resources that need to be identified on the site plans. The Committee feels that the first step in the design process should be to identify wetlands, streams, and other important natural resources, and plan around them where possible. The Natural Resources Committee would like to encourage a conservation approach to the wildlife corridors. In considering this and other wetland and stream impacts the Planning Commission should consider existing and future cumulative changes to the water shed. As stated in the city's Comprehensive Plan, "all the wetlands of the water shed ... have a cumulative effect on the ecological vitality of that watershed." The Natural Resources Committee has the following concerns: 1. There is obvious evidence of groundwater movements The vegetation is noticeable lush and robust, including 6 foot grasses, in the area where there is ground water movement. In the lush zone the ground water is very close to the surface. The top soil --is wet just below the thatch layer. In this case, ground water volume is not a volume large enough to supply a household with water (2 to 5 gallons per minute pumped). It is however, movement of water down slope. The probable cause of this channel is change in soil type. This water does need to go somewhere. Where the water goes is of concern to us. If it is diverted from the wetland directly down slope of the development there will be impact on the wetland vegetation. Foundations and cellars act like dams for ground water movement. Fill that is permeable, like sand, acts more like a conduit if the surrounding soil has a higher clay content. This is of most concern in the areas of houses 2 and 3 on the sketch plan dated July 10,1992 and revised on July 13, 1992. This is also a concern in the areas that are marked for impact due to road construction. 2. Increased impermeability impact on the wetland and the area of high saturation. of the soil surface will have ground water movement in the According to the So. Burlington, 1991 Comprehensive Plan, "So. Burlington wetlands are a vital link in the maintenance of the quality of surface and ground water, erosion and stream flow control, wildlife habitat, and as a critical part of open space preservation. The time has past when swamps, bogs, and marshes were seen as wasted space and nuisance areas. At every level of government, wetlands are being recognized for the values they contribute. As So. Burlington approaches the residential development in the Southeast Quadrant, the city's open space, we need to take special care that the remaining wetlands are carefully protected." This is of concern in the area of houses 16 through 20. Attention should be paid to the path and volume of storm water prior to its entry to the wetland down slope of the area to be developed. The impact of increased storm flows will be seen both immediately down stream in Muddy Brook and as an accumulation of similar changes through out the water shed. An increase in impermeable surfaces and decrease in wetland area will produce a "flashy" runoff pattern in the streams, alternating with high flows with dry stream beds. Abnormally high flows will cause areas of increased erosion and other flood damage. Recommendations: 1. Re-evaluate the location of houses 2 and 3 for the above stated reasons. 2. Re-evaluate houses 16, 17, 18, 19 and 20. The location of these houses seems to be in wetland areas. 28 July, 1992 Wessel: Road Widths and Cul-de-sac Radii: According to Residential Streets by the American Society of Civil Engineers, the National Association of Home Builders, and the Urban Land Institute: Road Widths In the past - the emphasis in road design was on efficient movement of traffic to ensure: ° greater volume ° increased traffic at the expense of the neighborhood needs. Today, we recognize that streets also provide: ° the visual setting and entryway to each home ° the neighborhood character ° meeting place for the residents ° play area for children (whether we like it or not) This means in street design, we have the opportunity to: ° reduce the speed of traffic through the neighborhood ° reduce the noise ° create attractive entries to the homes ° avoid excessive runoff ° control cost of construction and maintenance to help keep lots affordable and to avoid tax increases. Therefore: the amount of paved area should be kept to a minimum. In the Wessel property (see fig.) the main road would be considered a "sub -collector street" the three smaller cul-de-sacs would be "access streets" "For a sub -collector cul-de-sac or other access street a 22 or 24 foot wide pavement is adequate. Widening the access street a few more feet does not significantly increase capacity but does permit wider moving lanes that, in turn, tend to encourage higher -speed driving. A wide access street also lacks the more intimate scale that otherwise makes it an attractive setting for housing." Quotes regarding road widths taken from the "creative development" scenarios presented in the Center for Rural Massachusetts design manual titled Dealing with Change in the Connecticut River Valley: "The new subdivision road, built according the the town's recently amended subdivision regulations was 20 feet wide with grass and gravel shoulders. It provided safe, convenient access to the development while fitting in with the town's rural character." "Because the engineering standards in the subdivision regulations had been modified, Ron Equity was able to build an 18 feet wide subdivision road that fit in with the other rural roads in the area. Instead of looking like a typical excessively broad suburban subdivision street, it appeared to be just another well -maintained rural roadway." "While the subdivision road was longer than the originally planned, its width was reduced to 22 feet and the requirement for curbs and sidewalks was waived,... minimizing the visual and environmental impacts." Throughout the design manual, suburban sprawl is characterized by scattered residential subdivisions with excessively wide street standards of 30' or more. Cul-de-sacs (information below is from Residential Streets) "In determining the design of the turnaround section of a cul-de-sac, planners should consider both vehicle type and traffic volume. Vehicle types that rarely use the streets should not be a determining factor in the design. When weighed against the disadvantages of an extensive paved area such as: ° poor aesthetics ° higher maintenance and installation costs ° increased stormwater runoff ° significant limits that large dimensional requirements place on sound land planning, the minor inconvenience experiencedby some drivers in reversing directions is not an important consideration." "The recommended minimum radius for the paved area of a circular turnaround is 30 feet, or 60' diameter. (in the Wessel property, we have suggested a 70 foot diameter.) Small trucks or fire equipment requiring a turning radius of 40 feet may have to complete a backing movement to negotiate a 30 foot turnaround." 1) Fire equipment: "Fire department drivers and crews are trained to relate addresses to access routes within their jurisdiction. It is unusual for fire equipment to enter a dead-end roadway mistakenly. ... Some older fire equipment may have a turning radius as great a 50 or 55 feet. Newer trucks generally have smaller turning radii - generally in the 30 to 40 foot range. When fire trucks must reverse directions quickly, they rely on the accompanying firefighters for guidance and encounter few maneuvering problems and little loss of time. Responding to a fire is time -critical while leavine is not." "Newly developing single-family residential areas have little need for large equipment. Many communities are beginning to use smaller sized trucks. In suburban residential areas, the high cost of specially constructed fire trucks, their frequently limited maneuverability and their high maintenance costs have been accelerating the trend toward the use of scaled -down vehicles with smaller radii." 2) Snow Plows: "Since snow plowing in turnarounds requires maneuvering almost regardless of the size of the plowing equipment used, plowing should not become a ruling design consideration." 3) Refuse Trucks: "Turning radii for modern refuse trucks range from 28.5 feet to 35 feet." (We accommodate this with 70 foot diameter turnarounds.) r i77Cy 4, rA 3 1`: i MAN, { f. {� it is # rr "�Lt _owl.. NOT 'a %V• a _.- -cam w =r +�f c ja`,.4: a P Y_ 66 5'� p Irkingl I parking lane I I lane R1 I I moving lane 6'-7' 10' 6'-7' access parking parking lane I I lane I I moving laneo lane I I 8' I 10' I 8' subcollector I I I 8� 10 parking lane —I I Io moving lanes I I I parking Y I I I ( lane collector Figure 2-14: Number and -� width of lanes. 38 Residential Streets On subcollectors, a 26-foot-wide pavement provides either two parking lanes and a moving or traffic lane or one parking lane and two moving lanes. (In the absence of adequate off-street parking, a 28-foot pavement may be preferable if continuous on -street park- ing is expected along both sides of the street.) For a cul-de-sac or other access street, a 22- or 24-foot-wide pavement is adequate. Widening the access street a few more feet does not significantly increase capacity but does permit wider moving lanes that, in turn, tend to encourage higher -speed driving (Figure 2-14). A wide access street also lacks the more intimate scale that otherwise makes it an attractive setting for housing. Once the traffic from tributary local streets has reached suffi- cient volume so that two clear traffic lanes are needed, the street becomes a collector street. A collector street should be designed as a higher -speed traffic artery that permits relatively swift and unrestricted automobile movements. Collector streets with a pavement width of 36 feet provide for adequate traffic movement and two curb parking lanes (Figure 2-14). Where houses do not have access to the collector street and parking is not normally needed, two moving lanes of pavement are adequate, with shoul- ders graded for emergency parking. Ideally, homes should not front on a collector street in order to avoid the multiple traffic hazards of street parking, automobiles entering the street from driveways, and children who may dart unseen into the roadway (Urban Land Institute, 1967). Table 2-3 summarizes the pavement width rec- ommendations: Table 2-3 Recommended Pavement Widths Street Type Pavement Width (ft.) Access Street (place or lane) 22-24 Subcollector 26" Collector 36" " If on -street parking lines both sides of the street continuously, a 28-foot pavement may be preferable. If residences do not front on the collector, a 24- to 26-foot pavement with shoulders is sufficient. Right -of -Way Widths The right-of-way width should be only as wide as necessary for the street pavement and other facilities and uses, including side- walks, utilities, drainage, street trees, snow storage, and grading. Blanket requirements for rights -of -way of 50 feet or more, often mandated by ordinances, are seldom justified for subcollectors and access streets. A right-of-way width allowance for future street widening is unnecessary in well -planned residential neighborhoods that are designed to discourage through traffic on residential streets. Since I 24' Figure 2-25: A 30-foot radius is recommended for a circular turnaround. 22'-24' Figure 2-26: Off -center turnaround. 50 Residential Streets • There is a trend toward small vehicles; many small cars (sub- compacts) require a turning radius of only 17 feet. • Modern emergency vehicles require smaller turning radii than older vehicles. • School buses normally do not use cul-de-sacs. Use of turnaround areas for snow storage should not be a major consideration since cul-de-sacs receive low priority for plowing within the overall street system. Further, snow can be stored in the right-of-way outside the pavement or on the edge of front lawns. The recommended minimum radius for the paved area of a circular turnaround is 30 feet (Figure 2-25). Such a radius is suf- ficient to accommodate both larger passenger cars that require a 30-foot radius and smaller cars that require a much smaller turn- around area. Smaller trucks or fire equipment requiring a turning radius of 40 feet may have to complete one backing -up movement to negotiate a 30-foot turnaround. An off -center turnaround cre- ates visual variety and improves turning ease for the driver (Figure 2-26). Communities should discourage paved turnaround radii of 40 feet or greater because they create large, unattractive expanses of pavement that are expensive to maintain and contribute need- lessly to stormwater runoff. (Large snowfall amounts should not be used as an excuse to make these paved areas larger.) To mitigate the problems associated with extensively paved areas, communi- ties may consider the use of center islands but should provide adequate maneuver space —a minimum of 20 feet —around the island (Figure 2-27a). Developers should keep in mind that grassed or landscaped center islands require maintenance. Since most municipalities are reluctant to accept additional maintenance re- sponsibility, homeowners associations usually maintain center islands. In any event, islands should be designed with low -main- tenance landscaping material to reduce costs. One option for expediting turning movements is to make the street pavement wider at the rear of the center island. (Figure 2- 27b). Another turnaround option includes using the center of the turnaround for parking. The use of T- or Y-shaped turnarounds requires all vehicles to make a backing -up movement. This inconvenience can be justified if traffic volume on the turnaround is particularly low, as on a cul- de-sac serving 10 or fewer homes with driveways. The advantage of the T- or Y-shaped turnarounds is their requirement for smaller paved areas. They conserve land, reduce construction and main- tenance costs, and permit greater flexibility in land planning and the siting of homes. The recommended dimensions for the T- or Y-type turnaround are 60 feet by 20 feet (Figure 2-28). Calcula- tions reveal that the turnarounds' dimensions yield a paved area only 43 percent as large as the smallest (30-foot radius) circular a HVMWO-ty & ia%7!2 NOAV wim -4�w ee A MicrioH Cr- MM" YU.1i A IyMQM� Cr- NIT 146)VArl'f-D 6WI VA W5. i?ChP5 SVW eCf Vi K I;t% Fa 4 VJ m"ils ! ET w pp� atAJ-A NZM CAWM6 W64T OF f?4AP VJIM�) hrT L?WX-r-- -ate fCUDNjj44: r-ZTVEZN WDZ A-t=IAL6 /1" /Mi7Y tZM� - - 54' 0 � N-flAL, TYrILAL. Kr-5t7,trnNL. LmF ........................... W= M5WF-M-PL, TMT: V-p-0 Prt0wed by FAwrrQn O'Dorrcml 8 HetrrnQer kisoc&ves WwC Icr the P�fto(%W A&-xX>sWn d Pion -we e%xhc:h" M E M O R A N D U M To: Joe Weith, City Planner From: Bill Szymanski, City Engineer Re: Street Standards Date: October 13, 1992 You have asked me to comment on why we insist on requiring developers to build streets 30 feet in width with concrete curbs, sidewalks and storm sewer system. We have been building streets in that width for the last 25 years. These type of streets are easy to maintain requiring only sweeping and periodic cleaning of the drainage catch basins. The drainage is concentrated in an underground piping system outletting in a designated drainageway. Without curbs, ditches have to be constructed. Ditches require periodic cleaning and are difficult to mow and tend to erode if they are on a steep grade and pond water if the grade is to flat. Without ditches you have to sheet drain on to private property. Most adjacent property owners object to this and the City is constantly asked to correct this problem. Spear Street is a good example of this problem. Where ditches exist people want pipes installed so they can mow the area and where there is sheet drainage there is objection because the road salt damages trees and plants. The 30 foot width allows for parking on one side of the street and still allow for two-way travel for almost all types of vehicles. If cars are parked on both sides, one-way traffic can still get through. Decreasing that width to 24 feet makes it difficult to get through if vehicles are parked on both sides. The 30 foot wide street with curbs and drainage have proven to be adequate and should not be changed. The State wanted to build Kennedy Drive and Kimball Avenue without curbs and a drainage system, but the City objected and it is a good thing they did. Every developer has a reason to deviate from our standard, the most common is to maintain a rural character of the development but we are in a urban area and we should build urban streets. Memorandum - City Engineer Street Standards October 13, 1992 Page 2 Cul-de-sac: At one time the City had a policy of no dead end streets. All streets had to eventually connect to other streets. This caused a lot of objections from established neighborhoods. As an example, Elsom Parkway was planned to be extended and tied into what is now Prouty Parkway. We were asked to come up with a design for terminating dead end streets that would be adequate for a turn- around for snow plows and school buses. What we came up with is a tear drop type of cul-de-sac. Several have been built and we feel they serve our needs. The turning radius for a school bus is 48' (outside wheels). Our cul-de-sacs have a inside radius of 40' and outside radius of 60', if a car is parked in the cul-de-sac the bus can just get by. It is very important also for snow plowing. Each of the City's plows have to plow about 20 miles of street. Plows have to be able to turnaround as quickly as possible because everyone wants to be plowed out first. State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council Mr. William Wessel 70 Highland Terrace South Burlington, VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 802-244-6951 Fax #:802-241-3287 March 72r 1993 Subject: Amendment to Conditional Use Determination #90-397 Dear Mr. Wessel: This letter serves to notify you that your proposed amendment to your Conditional Use Determination to eliminate previously planned cul-de-sacs in a proposed twenty lot subdivision in South Burlington has been approved. The proposed amendment was publicly posted and notice sent to all parties as required in Section 8.3 of the Vermont Wetland Rules. The Agency of Natural Resources found that the proposed amendment will not result in an undue adverse effect to the protected functions of the Class Two wetland or adjacent buffer zone. The provision of this amendment is as follows: 1. To eliminate previously planned cul-de-sacs on the access road to a proposed twenty lot subdivision. Other than the specific provision of this amendment listed above, the project shall be carried out consistent with the original proposal and conditions listed in the Conditional Use Determination approved on June 13, 1991. T D D: 1-800-253-0191 William Wessel Page 2 of 2 Please call Carl Pagel of my staff if you have any questions regarding this matter. Sincerely, Chuck Clarke, Secretary Agr7cyy) f Natural Resources by: 1O)atc, k G David L. Clough, P.E. Director, Water Quality ivision cp\rj cc: Margaret Picard, Town Clerk, So. Burlington Arlene Degree, Town Clerk, Williston Bill Countryman, Northfield cp\81-0939.93 October 20, 1992 MEMORANDUM TO; Planning Commission FROM: Sonny Audette, Public Works Director RE: Street Standards This is in answer to a request by a Developer to build streets to substandard specifications. We have been a leader in the State with our subdivision regulations and our street, sewer and storm sewer regulations for the last 25 years. We are still upgrading areas that were built previous to our regulations. These areas do not have proper drainage, adequate street width and no sidewalks and some do not have adequate road base. This means that we are doing work that should have been done 30 years ago. These streets and developments were built at a low cost to the Developer but the Taxpayers are paying for those improvements today. A road without curbs allows the edges to break off and for the shoulders to move due to the weights of trucks and other vehicles. This does not happen with curbs as the curb serves as a form of box and keeps the edges of the road from moving. The curbs also stop the cars and trucks from parking on the shoulders when the area is wet and unstable. The curbs also allows for the control of surface water by avoiding the water soaking into the shoulders and creating an unstable conditions on the shoulder. A storm drainage system that is piped also keeps the water out of the road base by keeping the water away from the road base. An open ditch system allows the water to soak into the area next to the road and the road bed which weakens the shoulder and the road itself. The most important thing to any good road system is the drainage to keep the water away from the road bed. Another problem with open ditched is the high maintenance factor. These ditches tend to become areas where residents dump their clippings and other yard waste. This creates an area that grows cattails and becomes very unsightly. This also creates problems for frozen culverts as the water can not flow freely and must be cleaned out by the Street Department. I do not know of any area that has open ditches that the residents are happy with them. The City just does not have the time and man power to go around and clean these ditches properly. There has been a movement by the National Home Builders Association to try and weaken local specifications for local streets and developernents to allow for the construction of cheaper housing. I would hope that they would try looking at other areas for savings instead of street specs. I agree some savings has to be made to allow for cheaper housing but I do not think that it is fair to put the burden on the rest of the Tax- payers in the City. We must strive to move forward not backwards. To change these specifications is a major step backwards. pg. 2 Continue; Street Standards I have some photos of some problem areas and I hope the Commission takes a good look at these. I also did a calculation of what it cost us now in the areas that have no curbs and I came up with a minimum figure of about $500 per year per 1,000 feet of street that have no curbs and open drainage. This includes plow damage repairs, patching shoulder areas that break off and ditch cleaning. This does not take in any repaving due to road failure. I appreciate the Planning Commission taking their time to listen to Bill and myself's feelings on this very important problem for our City now and in the future. Sincerely, Albert Audette Public Works Director MEMORANDUM TO: South Burlington Planning Commission FROM: Joe Weith, City Planner RE: October 20, 1992 agenda items DATE: October 15, 1992 3) HEATHCOTE ASSOCIATES/CHITTENDEN BANK - SKETCH PLAN Enclosed is a resolution to deny reconsideration of the Heathcote application. 4) CITY STREET STANDARDS - WESSEL DEVELOPMENT - VAN SICKLEN ROAD Enclosed is a memo from Bill Szymanski explaining why the City's street standards are important and why they should not be waived. Bill specifically addresses road width, curbs and cul-de-sac design. I spoke with Public Works Director Sonny Audette regarding cost estimates for maintaining city standard streets verses non - city standard streets. I was hoping to have something from him to include in your packets, however, I have not received anything as of yet. Both Sonny and Bill will be present at Tuesday's meeting to discuss this issue. I believe Sonny will present cost estimates at the meeting as well as pictures to help illustrate his concerns. Also enclosed is information from the applicant supporting why he feels the street standards should be waived. A summary of benefits of city standard streets verses non-standard streets is provided below: Benefits of city standard streets: * curbs and piped drainage: o piped drainage easier to maintain/clean than grassed swales, o prevents run-off from collecting on private property, o keeps salt within run-off from killing landscaping along roadway, o prevents edge of roadway pavement from crumbling/cracking, o protects lawn along roadway from being damaged by parked vehicles and snow plow blades. * 30 foot roadway width: o allows smoother 2-way traffic flow even with cars parked on both sides of road, * Tear -drop cul-de-sac: Memorandum - Planning 10/20/92 agenda items 10/15/92 Page 2 o allows easy turn -around for all types of vehicles even with cars parked on one side. o allows faster snow plowing by not requiring plow truck to back-up, Benefits of non -city standard streets: o narrower streets reduce amount of pavement, o aesthetics - narrower streets more in keeping with intimate scale of low density residential neighborhood; grassed swales more compatible with "rural/open" character of SEQ, o narrower streets slow traffic down on residential street, o lower development cost - may reduce cost of house, o less pavement results in less stormwater run-off, o ecological benefits - sheet drainage and grassed swales filter pollutants, allow water to percolate into soil, slows velocity of run-off, therefore less erosion, o narrower streets and smaller cul-de-sacs less wasteful of open land. 5) DISCUSSION WITH NATURAL RESOURCES COMMITTEE The NR Committee requested a meeting with the Planning Commission primarily for both groups to get to know each other and to informally discuss each others roles in the development review process. The NR Committee has become more involved in reviewing development proposals and would like to know what role the Planning Commission sees for the NR Committee in the development review process. 6) ZONING REGULATIONS UPDATE - CO DISTRICT Enclosed is a proposal to amend the CO District (Option #1A). This concept incorporates comments made by the Commission at the last meeting this issue was discussed (9/22/92). The following changes are proposed: o Watercourses are broken down into three categories - major, minor, and drainageway, o Potash Brook classified as major stream downstream of I-89 and minor stream upstream of I-89, o Permitted and conditional uses allowed within CO zones expanded to include retention ponds, recreation paths, roadways and access drives and utilities for purposes of crossing CO zones to access other side, utilities within CO zones along interstate and UVM lands, o Alterations to CO zones along drainageways, including Agency of Natural Resources Department of Environmental Conservation NOTICE A request has been received from William Wessel for an amendment to Conditional Use Determination #90-397 which was issued on June 13, 1991. The South Burlington Planning Commission has asked that the access road in the twenty lot single family subdivision on Van Sicklen Road in South Burlington be changed to eliminate the previously planned cul-de-sacs. The new road alignment will not impact any additional wetland acreage on the site. No other changes were requested to the Conditional Use Determination. Conditional Use Determinations and their amendments may only be approved if it is shown that the proposed conditional use will not have an undue adverse impact on the functions and values of any significant wetlands or their adjacent buffer zones. A copy of the original application is available for review at the Vermont Wetlands Office in Waterbury. If no adverse comments are received, this request will be approved as a minor amendment to Conditional Use Determination #90-397. Any person may file comments in writing on this amendment application through March 1, 1993 with: Carl W. Pagel Water Quality Division Department of Environmental Conservation 103 South Main Street Waterbury, VT 05671-0408 O&qj `/J- Carl W. Pagel State Wetlands Coordinator CWP:slg cc: Distribution List cp\cud\041-0205.93 TO: Planning Commission FROM: Natural Resources Committee DATE: January 1993 RE: Restricted Area indicated on Wessel Van Sicklen Road Property The Southeast Quadrant District was formed "in order to encourage open space preservation ... natural resource protection, wildlife habitat preservation ... and well planned residential use." Through this designation, the citizens of South Burlington have indicated that Natural Areas are important. The Natural Resources Committee feels that this regulation should be adhered to. "In any location where uncertainty exists regarding the exact boundaries of a restricted area as shown... property owner may submit a written request that the Planning Commission define the location of the boundary". The area occupied by the proposed houses 2,3 and 4 are clearly in the area designated as Restricted under the current SEQ zoning. The Natural Resources Committee was not aware of this development until August of this year. We feel that the "grandfather clause" does not apply to this project, consideration should not be given because of timing. There is no option for developing those lands that have been zoned "Restricted." As So. Burlington approaches the residential development in the Southeast Quadrant, the city's open space, we need to take special care that the remaining wetlands are carefully protected." The corridors are used by wildlife to travel from one area, to another to dodge people, and in search of forage areas, shelter, and mates. The Natural Resources Committee continues to encourage a. conservation approach to the wildlife corridors. In considering this and other Restricted Areas including wildlife habitats, wetlands and streams the Planning Commission should consider existing and future cumulative changes to the natural resource. As stated in the city's Comprehensive Plan, "all the wetlands of the water shed ... have a cumulative effect on the ecological vitality of that watershed." According to the So. Burlington, 1991 Comprehensive Plan, Recommendation: Deny variance for the proposed houses 2, 3 and 4 for the above stated reasons. 30 October 92 William Wessel: 20 Unit PRD - Van Sicklen Road Additional Information for Sketch Plan The following text describes the proposed project in relation to PUD and PRD criteria of the Zoning Regulations. The proposed 20 lot project is designed with the major access drive as a public street ending in a cul-de-sac and one right-of-way accessing three houses all conforming to the standards of South Burlington. A 4' sidewalk will run continuously along the northern edge of the public street. Of the total 48.7 acres, the proposed lots and road r.o.w. total 17.1 acres leaving the remaining 31.6 acres in common open space. Conformance to PUD criteria in Section 19.15 of Zoning Regulations. 19.151 General Standards a. Water or Air Pollution. 1) Project will connect to City sewer through an 8" main. The developer's engineer is conducting a study, as suggested by the City engineer. 2) Building envelopes and road layout is kept clear of floodplain identified on the RE.M.A. maps made available by City Planner, Joe Weith. 3) Wetlands delineated by William Countryman. The project received a conditional Use Determination #90-397 from the Department of Environmental Conservation, Agency of Natural Resources, (see attached) which state "Run-off from the subdivision will follow two grassed swales which drain into an old abandoned beaver pond and then into Muddy Brook. The function of the grassed swales are to slow storm water run-off and to provide some sediment and toxicant retention. All practicable measures have been taken in this proposal to avoid adverse impacts on protected wetland function." 4) Project complies to Health Department and State agencies' regulations by connecting to City water and sewer. b. Sufficient Water. The South Burlington Water Department conducted a fire flow test and determined there is sufficient water availability. See attached letter. c. Soil Erosion, Water Holding Capacity. The project has received a conditional use determination #90-397 stating the following: LJ t "The mapped wetland along Muddy Brook (PSS1Y) has been determined to be significant for the following functions: 1) Water storage for floodwater and storm water runoff, 2) Surface and ground water protection, 3) Wildlife and migratory bird habitat, and 4) Erosion control through binding and stabilizing the soil. The wetlands were taken into account in the design of the project so that none of the mapped wetlands would be impacted." d. Highway Congestion. The proposed twenty unit development will generate a peak hour of 20.4 trips and a total of 191 trips/day, based upon an average daily traffic figure of 9.55 trips/day/unit. We do not anticipate these additional trips to be an unreasonable burden. e. School Enrollment. South Burlington schools are experiencing only a slight increase in enrollment of 5-6 students per year. We do not anticipate unreasonable burden from these proposed 20 houses. f. Governmental Service and Facilities. We do not anticipate unreasonable burden from these proposed 20 houses. g. Scenic or Natural Beauty, Compatible with Neighborhood, Rare Natural Beauty and Historic Areas. The proposed road and 20 houses are layed out to minimize impact to the wetlands and Muddy Brook, leaving a central meadow common. The houses will be designed with the help of architectural services for color coordination, building masses and detailing. The twenty houses will be tied together in a theme of a country meadow. The layout of roads leaves woodland habitat and archeological sites undisturbed. Thomas Myers, District Wildlife Biologist, indicated that a site review revealed no problems with wildlife habitat if constructed as shown on the plan of Nov. 5, 1990. He stated that the wetlands along Muddy Brook and the adjacent alder swale would not appear to be affected by the development. A State wildlife expert, Steven Wright, visited the site and declared there would be no adverse effect on fish habitat of Muddy Brook. h. Housing Types to Meet the Needs. Housing marketing studies are in progress. The price range is yet to be IZ determined. i. Common Open Spaces. The layout of the 20 houses allows fourteen of the properties to adjoin common open space with the remaining six lots having direct access via roadway no greater than 250' distance. j . Efficient Road and Utility Layout. Road alignment is the most efficient layout providing access to the developable uplands. Water and sewer lines will connect to existing City lines. k. Cooperation with Adjoining Properties. A R.O.W. is provided running due north from proposed drive to allow for future roadways or utilities as needed. 1. Energy Conservation. Bill Wessel, of Wesbuilt, utilizes up-to-date energy efficient building technology such as extra insulation, taping all air infiltration paper, placing foam in all penetrations of the building envelope. Where feasible he locates garages to the north and maximizes windows on the south. m. City Comprehensive Plan. This proposed project includes limited development of twenty houses while conserving extensive wetlands, woodlands and the Muddy Brook. A cluster layout allows a compact pattern utilizing approximately 17.1 acres leaving the remaining 31.6 acres as undisturbed open spaces. The site is adjoining an existing residential neighborhood in which the owner lives. The proposed houses will be of quality construction providing safe houses in a beautiful setting for South Burlington residents. Conformance to PRD Criteria for the Southeast Quadrant in Section 26.60 of the Ammendments to Zoning 26.60 Planned Residential Developments 26.601 Residential and accessory outdoor recreation uses. The proposed development utilities approximately 17.1 acres in single family clusters leaving 31.6 acres in open space including a section of Muddy Brook and an existing recreation path. 26.602 Development activities in restricted areas The proposed development is kept outside the limits of the Conservation and Open Space District, the flood plain, and mapped wetlands. See attached letter dated March 9, 1992, regarding CRO boundary identifying the non -buildable area. 26.603 Residential development density According to Raymond Belair, the PRD provision in the SEQ zoning may allow this property to generate 45 units (base density) plus 25% or 57 units maximum. The proposed project is for 20 units. 26.604 Non-contiguous properties Not applicable. 26.605 Sufficiently sized sewer and water South Burlington sewer and water mains will be 8" diameter. 26.606 Open Space The twenty houses are layed out in three small clusters to leave a central meadow commons. The development utilizes approximately 17.1acres leaving the remaining 31.6 acres as undisturbed open space of extensive wetlands, woodlands and the Muddy Brook with an existing recreation path available for the general public. landscape architects • planning consultants 301 college street. burlington • vermont . 05401 . 802.658.3555 March 9, 1992 Mr. William Burgess,Chairman South Burlington Planning Commission Dorset Street South Burlington, VT 05403 RE: Southeast Quadrant Zoning Map Dear Bill, My clients, William and Dianne Wessel, have asked me to clarify the CRO Boundary on the proposed SE quadrant zoning map for their parcel of land adjacent to Muddy Brook and north of Van Sicklen Road. Subsequent to T. J. Boyle & Associates inventory analysis of the S.E. Quadrant in 1989, Mr. William Countryman performed a detailed inventory of wetlands for the Wessel;s property. In addition, the State performed a subsequent wetland study in this area indicating the PF01 condition is easterly, close by and associated with the flood plain of Muddy Brook. This would indicate that an adjustment to the boundary of the restricted area be made as follows: Extending from the NE corner of residential lot on North side of Van Sicklen Road extend a line (bearing N 301 E.) approximately 650' to a 10" Scotch pine. Extend a line from this pine approximately 600' bearing approximately N 700 W to the property corner indicated on the attached enlargement of the property map and the proposed layout of the Wessel parcel. Although sections 26.302" and 26.606D of article 26 (SEQ) provide for adjustments of restricted boundaries in the PRD and subdivision process, it would seem an appropriate time to amend the restrictive boundary during the hearing process. Thank you for your consideration. Sincerely yours, TerreT6 J. Boyle enclo ures No Text .1 UL Uv `ice I .;'+ Wt c;UIL1 L.U. ILO t J b tL' In the matter of: Conditional Use Determination Section 8 - Vermont Wetland Rules William B. Wessel 70 Highland Terrace South Burlington, VT 05403 Application_ to construct a 20 lot subdivision on a 48.7 ire site that contains two Class II wetlands File # 90-397 The Vermont Department of Environmental Conservation, Agency of Natural Resources received an application for a Conditional Use Determination from William Countryman, representative of William Wessel to construct a 20 lot single family subdivision on Van Sicklen Road in South Burlington, Vermont. Two Class IT wetlands are located on the site. This application has been publicly posted and notice sent to all parties as required by Section 8.3 of the Vermont Wetland Rules. Findings of Fact After careful examination of this application, the Department finds: 1. The Department of Environmental Conservation received a complete application from William Wessel for a Conditional Use Determination on December 13, 1990. 2. The proposed 20 lot single family subdivision is located on a 48.7 acre parcel of land on Van Sicklen Road in South Burlington. 3. Carl Pagel, State Wetlands Coordinator, walked the site and discussed the project with consultants William Countryman and Bruce Watson on August 24, 1990. Carl Pagel also visited the site on February 8, 1991 with Stephan Syz, Chief of Water Resources Planning, Anne Wibiralske, Wetlands Specialist, and Eric Sorenson, Assistant State Wetlands Coordinator. JUL Fib 192 12:35 WESBUILT CO.<WESSEL? P.01 William B. Wessel Conditional Use Determination #90-397 Page 2 4. The site has two areas that are found on the National Wetlands Inventory map. These areas consist of a scrub/shrub (PSSIY) wetland along Muddy Brook and an emergent (PEMY) wetland in the northeast corner of the property. The balance of the wetlands are contiguous with these mapped wetlands. The wetland portions which axe not mapped wetlands drain toward Muddy Brook through two grassed swales. 5. A neighboring landowner, William Mikell, expressed concern of the project impacting the "marsh and wetlands" adjacent to Muddy Brook. He stated that populations of waterfowl, beaver and deer were present. 6. Thomas Myers, District Wildlife Biologist, indicated that a site review revealed no problems with wildlife habitat if constructed as shown on the plan of November 5, 1990. He stated that the wetlands along Muddy Brook and the adjacent alder swale would not appear to be affected by the development. 7. The project, as proposed, will not place houses closer than 300 feet from Muddy Brook. The palustrine scrub/shrub wetland along Muddy Brook and its 50 foot buffer will not be impacted. The mapped wetland and buffer zone along Muddy Brook will be held as common land. 8. The wetlands were taken into account in the design of the project so that none of the mapped wetlands would be impacted. In an effort to avoid and minimize wetland impacts, the project was redesigned from the original plan of 80 housing units to the present plan of 20 single family units. 9. A total of approximately 400 feet (in 5 separate areas) of road (30 feet wide) will be built in 0.28 acres of contiguous wetland. 10. The wetland impact will be derived from the fill for roadways across the grassed swales. The total impact to the contiguous wetlands and associated buffer zones will be less than one acre. The balance of wetlands on the property will be left undisturbed. 11. The fifty foot buffer area around the wetlands consists wholly of old field uplands. 12. Much of the area will be held as common land, precluding future development. .JUL 08 792 12:36 WESBUILT CO.(WESSEL) P.02 William B. Wessel Conditional Use Determination #90-397 Page 3 13. The mapped wetland along muddy brook (PSS1Y) has been determined to be significant for the following functions: 1) Water storage for floodwater and storm water runoff, Z) Surface and ground water protection, 3) Wildlife and migratory bird habitat, and 4) Erosion control through binding and stabilizing the soil. 14. No work is planned in either of the two NWI mapped wetlands or their associated 50 foot buffer zones. 15. Work in the buffer zones of the wetlands includes construction of access roads and houses. 16. Runoff from the subdivision will follow two grassed swales which drain into an old abandoned beaver pond and then into Muddy Brook. 17. The functions of the grassed swales are primarily to slow stormwater runoff and to provide some sediment and toxicant retention. 18. All practicable measures have been taken in this proposal to avoid adverse impacts on protected wetland functions. Conclusions of Law Based on information provided by the applicant and their representatives in the application for Conditional Use Determination, and on information provided by the Agency of Natural Resources and William Mikell, neighboring landowner, the Department of Environmental Conservation concludes: The Secretary is authorized under Section 8 of the Vermont Wetland Rules, effective February 23, 1990, to authorize conditional uses in a significant wetland or in its adjacent buffer zone. Under Section 8.5a, the Secretary may only authorize a conditional use when he/she determines the proposed conditional use will have no undue adverse effect on the protected functions unless the Secretary determines such impacts are sufficiently mitigated. The Department determines that the proposed conditional use described in the Findings of pact and in Conditional Use Determination application #90-397 will have no undue adverse impacts to the protected functions of the Class Two wetlands or associated buffer zones on this subject property. JUL 08 132 12:36 WESBUILT CO. (WESSEL) P.03 William B. Wessel Conditional Use Determination #90-397 Page 4 Decision The Vermont Department of Environmental Conservation finds, that on the basis of the information provided in the application for Conditional Use Determination, here is reasonable assurance that the proposed conditional use will have no undue adverse effects on the protected functions of the significant wetland on this property providing that the provisions of the application are supplemented with the procedures described below and therefore is approved. 1. The proposed activity is carried out consistent with the proposal in Conditional Use Determination Application #90-397. 2. The erosion control plans are carefully followed to avoid impacting the two grass swales on the site. 3. All areas of disturbed wetland soils are to be monitored for five years following construction for the nuisance aquatic species purple loosestrife (La!hrum salicaria} and common reed (Phragmites australis). If either of the two plants become evident, they are to be handpuiled and destroyed in an upland location before they spread throughout the wetland. 4. The applicant shall notify the Vermont Wetlands Office prior to the start of this project. 5. The Agency maintains continuing jurisdiction over this project and may at any time order remedial measures to be taken if it appears likely that adverse impacts to the protected functions and values will occur. . h w JUL 03 192 12:37 WEsBUILT CO.(WE'3SEL) P.04 William B. Wessel Conditional Use Determination #90-397 Page 5 6. This Conditional Use Determination will remain valid for two years from the date of the determination. RAL\DLC`jl Reginald A. LaRosa, Acting Commissioner Department of Environmental Conservation b 11-7 f-, j y• David L. Clough, P.E. Director, Water Quality Division Dated at aterbury, Vermont this % day of1991. July 10, 1992 William Wessel: 20 Unit PRD - Van Sicklen Road Additional Information for Sketch Plan The following text is in response to preliminary comments from City Engineer, Bill Szymanski, Fire Chief, Jim Goddette, and Zoning and Planning Assistant, Raymond J. Belair, and City Planner, Joe Weith. Road Widths The proposed 20 lot project is designed with the major access drive as a public street and conforming to the standards of South Burlington. The three secondary roads are designed at 24' widths with 70' diameter cul-de-sacs. We are prepared to make a presentation demonstrating the adequacy of these dimensions based upon studies and reports by national planning, engineering, and construction associations. Conformance to PUD criteria in Section 19.15 of Zoning Regulations. 19.151 General Standards a. Water or Air Pollution. 1) Project will connect to City sewer through an 8" main. The developer's engineer is conducting a study, as suggested by the City engineer. 2) Building envelopes and road layout is kept clear of floodplain identified on the F.E.M.A. maps made available by City Planner, Joe Weith. 3) Wetlands delineated by William Countryman. The project received a conditional Use Determination #90-397 from the Department of Environmental Conservation, Agency of Natural Resources, (see attached) which state "Run-off from the subdivision will follow two grassed swales which drain into an old abandoned beaver pond and then into Muddy Brook. The function of the grassed swales are to slow storm water run-off and to provide some sediment and toxicant retention. All practicable measures have been taken in this proposal to avoid adverse impacts on protected wetland function." 4) Project complies to Health Department and State agencies' regulations by connecting to City water and sewer. b. Sufficient Water. The South Burlington Water Department conducted a fire flow test and determined there is sufficient water availability. See attached letter. c. Soil Erosion, Water Holding Capacity. The project has received a conditional use determination #90-397 stating the following: "The mapped wetland along Muddy Brook (PSS1Y) has been determined to be significant for the following functions: 1) Water storage for floodwater and storm water runoff, 2) Surface and ground water protection, 3) Wildlife and migratory bird habitat, and 4) Erosion control through binding and stabilizing the soil. The wetlands were taken into account in the design of the project so that none of the mapped wetlands would be impacted." d. Highway Congestion. The proposed twenty unit development will generate a peak hour of 20.4 trips and a total of 191 trips/day, based upon an average daily traffic figure of 9.55 trips/day/unit. We do not anticipate these additional trips to be an unreasonable burden. e. School Enrollment. South Burlington schools are experiencing only a slight increase in enrollment of 5-6 students per year. We do not anticipate unreasonable burden from these proposed 20 houses. f. Governmental Service and Facilities. We do not anticipate unreasonable burden from these proposed 20 houses. g. Scenic or Natural Beauty, Compatible with Neighborhood, Rare Natural Beauty and Historic Areas. The proposed 20 houses are layed out in small clusters to leave a central meadow commons. The houses will be designed with the help of architectural services for color coordination, building masses and detailing. The twenty houses will be tied together in a theme of a country meadow. The layout of roads leaves woodland habitat and archeological sites undisturbed. Thomas Myers, District Wildlife Biologist, indicated that a site review revealed no problems with wildlife habitat if constructed as shown on the plan of Nov. 5, 1990. He stated that the wetlands along Muddy Brook and the adjacent alder swale would not appear to be affected by the development. A State wildlife expert, Steven Wright, visited the site and declared there would be no adverse effect on fish habitat of Muddy Brook. h. Housing Types to Meet the Needs. Housing marketing studies are in progress. The price range is yet to be determined. i. Common Open Spaces. The cluster layout of the 20 houses allows half of the properties to adjoin common open space with the remaining ten lots having direct access via roadway no greater than 200' distance. j . Efficient Road and Utility Layout. Road alignment is the most efficient layout providing access to the developable uplands. Water and sewer lines will connect to existing City lines. k. Cooperation with Adjoining Properties. A R.O.W. is provided running due north from proposed drive to allow for future roadways or utilities as needed. 1. Energy Conservation. Bill Wessel, of Wesbuilt, utilizes up-to-date energy efficient building technology such as extra insulation, taping all air infiltration paper, placing foam in all penetrations of the building envelope. Where feasible he locates garages to the north and maximizes windows on the south. m. City Comprehensive Plan. This proposed project includes limited development of twenty houses while conserving extensive wetlands, woodlands and the Muddy Brook. A cluster layout allows a compact pattern utilizing approximately 15 acres leaving the remaining 33 acres as undisturbed open spaces. The site is adjoining an existing residential neighborhood in which the owner lives. The proposed houses will be of quality construction providing safe houses in a beautiful setting for South Burlington residents. Conformance to PRD Criteria for the Southeast Quadrant in Section 26.60 of the Ammendments to Zoning 26.60 Planned Residential Developments 26.601 Residential and accessory outdoor recreation uses. The proposed development utilities approximately 15 acres in single family clusters leaving 33 acres in open space including a section of Muddy Brook and an existing recreation path. 26.602 Development activities in restricted areas The proposed development is kept outside the limits of the Conservation and Open Space District, the flood plain, and mapped wetlands. See attached letter dated March 9, 1992, regarding CRO boundary identifying the non -buildable area. 26.603 Residential development density According to Raymond Belair, the PRD provision in the SEQ zoning may allow this property to generate 45 units (base density) plus 25% or 57 units maximum. The proposed project is for 20 units. 26.604 Non-contiguous properties Not applicable. 26.605 Sufficiently sized sewer and water South Burlington sewer and water mains will be 8" diameter. 26.606 Open Space The twenty houses are layed out in three small clusters to leave a central meadow commons. The development utilizes approximately 15 acres leaving the remaining 33 acres as undisturbed open space of extensive wetlands, woodlands and the Muddy Brook with an existing recreation path available for the general public. City or South Burlington WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLING,TON. VERMONT 05403 TEL. 864-4361 July 1, 1992 Mr. Bill Wessel 70 Highland Terrace South Burlington, VT 05403 � yHydrant -F3ow--Test Dubois Drive Dear Sir, Per your request this department conducted a hydrant flow test on hydrant #356 located on the cul-de-sac at the end of Dubois Drive. The test was conducted on June 30th at 2:00 PM and the following results were obtained. Static pressure: 85 psi Flow rate: 1,355 gallons per minute Residual pressure during flow: 65 psi If you have any questions or I can be of further assistance please do not hesitate to call. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Robert L. Gardner Superintendent cc: Tracy Sessette landscape architects *planning cam. 301 college street • burlington • vermont . 05401 . 802.658.3555 March 9, 1992 Mr. William Burgess,Chairman South Burlington Planning Commission Dorset Street South Burlington, VT 05403 RE: Southeast Quadrant Zoning Map Dear Bill, My clients, William and Dianne Wessel, have asked me to clarify the CRO Boundary on the proposed SE quadrant zoning map for their parcel of land adjacent to Muddy Brook and north of Van Sicklen Road. Subsequent to T. J. Boyle & Associates inventory analysis of the S.E. Quadrant in 1989, Mr. William Countryman performed a detailed inventory of wetlands for the Wessel;s property. In addition, the State performed a subsequent wetland study in this area indicating the PFO1 condition is easterly, close by and associated with the flood plain of Muddy Brook:- This would indicate that an adjustment to the boundary of the restricted area be made as follows: Extending from the NE corner of residential lot on North side of Van Sicklen Road extend a line (bearing N 300 E.) approximately 650' to a 10" Scotch pine. Extend a line from this pine approximately 600' bearing approximately N 700 W to the property corner indicated on the attached enlargement of the property map and the proposed layout of the Wessel parcel. Although sections 26.302" and 26.606D of article 26 (SEQ) provide for adjustments of restricted boundaries in the PRD and subdivision process, it would seem an appropriate time to amend the restrictive boundary during the hearing process. Thank you for your consideration. Sincerely yours, ...,I �tl - Terre e J. Boyle enclo ures No Text In the matter of; Conditional Use Determination Section 8 - Vermont Wetland Rules William B. Wessel 70 Highland Terrace South Burlington, VT 05403 Application o construct a 20 lot subdivision on a 48.7 aue site that contains two Class II wetlands File # 90-397 The Vermont Department of Environmental Conservation, Agency of Natural Resources received an application for a Conditional Use Deternination from William Countryman, representative of William Wessel to construct a 20 lot single family subdivision on Van Sicklen Road in South Burlington, Vermont. Two Class II wetlands are located on the site. This application has been publicly posted and notice sent to all parties as required by Section 8.3 of the Vermont Wetland Rules. Findings of Fact After careful examination of this application, the Department finds: The Department of Environmental Conservation received a complete application from William Wessel for a Conditional Use Determination on December 13, 1990. 2. The proposed 20 lot single family subdivision is located on a 48.7 acre parcel of land on Van Sicklen Road in South Burlington. 3. Carl Pagel, State Wetlands Coordinator, walked the site and discussed the project with consultants William Countryman and Bruce Watson on August 24, 1990. Carl Pagel also visited the site on February 8, 1991 with Stephan Syz, Chief of Water Resources Planning, Anne Wibiralske, Wetlands Specialist, and Eric Sorenson, Assistant State Wetlands Coordinator. JUL Uo 1 JJ Wr DC-U 1 L I k. U. l Wtb C tL J f . !J 1 William B. Wessel Conditional Use Determination #90-397 Page 2 4. The site has two areas that are found on the. National Wetlands Inventory map. These areas consist of a scrub/shrub (PSSIY) wetland along Muddy Brook and an emergent (PEMY) wetland in the northeast corner of the property. The balance of the wetlands are contiguous with these mapped wetlands. The wetland portions which are not mapped wetlands drain toward Muddy Brook through two grassed swales. 5. A neighboring landowner, William Mikell, expressed concern of the project impacting the "marsh and wetlands" adjacent to Muddy Brook. He stated that populations of waterfowl, beaver and deer were present. b. Thomas Myers, District Wildlife Biologist, indicated that a site review revealed no problems with wildlife habitat if constructed as shown on the plan of November 5, 1990. He stated that the wetlands along Muddy Brook and the adjacent alder swale would not appear to be affected by the development. 7. The project, as proposed, will not place houses closer than 300 feet from Muddy Brook. The palustrine scrub/shrub wetland along Muddy Brook and its 50 foot buffer will not be impacted. The mapped wetland and buffer zone along Muddy Brook will be held as common land. 8. The wetlands were taken into account in the design of the project so that none of the mapped wetlands would be impacted. In an effort to avoid and minimize wetland impacts, the project was redesigned from the original plan of 80 housing units to the present plan of 20 single family units. 9. A total of approximately 400 feet (in 5 separate areas) of road (30 feet wide) will be built in 0.28 acres of contiguous wetland. 10. The wetland impact will be derived from the fill for roadways across the grassed swales. The total impact to the contiguous wetlands and associated buffer zones will be less than one acre. The balance of wetlands on the property will be left undisturbed. 11. The fifty foot buffer area around the wetlands consists wholly of old field uplands. 12. Much of the area will be held as common land, precluding future development. JUL 0:2, 192 12:=6 WESBUILT CO.(WESSEL) P.02 William B. Wessel Conditional Use Determination #90-397 Page 3 13. The mapped wetland along muddy brook (PSS1Y) has been determined to be significant for the following functions: 1) Water storage for floodwater and storm water runoff 2) Surface and ground water protection, 3) Wildlife and migratory bird habitat, and 4) Erosion control through binding and stabilizing the soil. 14. No work is planned in either of the two NWI snapped wetlands or their associated 50 foot buffer zones. 15. Work in the buffer zones of the wetlands includes construction of access roads and houses. 16. Runoff from the subdivision will follow two grassed swales which drain into an old abandoned beaver pond and then into Muddy Brook. 1, 17. The functions of the grassed swales are primarily to slow stormwater runoff and to provide some sediment and toxicant retention. 18. All practicable measures have been taken in this proposal to avoid adverse impacts on protected wetland functions. Conclusions of Law Based on information provided by the applicant and their representatives in the application for Conditional Use Determination, and on information provided by the Agency of Natural Resources and William Mikell, neighboring landowner, the Department of Environmental Conservation concludes: The Secretary is authorized under Section 8 of the Vermont Wetland Rules, effective February 23, 1990, to authorize conditional uses in a significant wetland or in its adjacent buffer zone. Under Section 8.5a, the Secretary may only authorize a conditional use when he/she determines the proposed conditional use will have no undue adverse >- effect on the protected functions unless the Secretary determines such impacts are sufficiently mitigated_ The Department determines that the proposed conditional use described in the Findings of Fact and in Conditional Use Determination application #90-397 will have no undue adverse impacts to the protected functions of the Class Two wetlands or associated buffer zones on this subject property. JUL 0"' 192 12:36 WESBUILT CO3(WESSEL) F.03 William B. 'Wessel Conditional Use Determination #90-397 Page 4 Decision The Vermont Department of Environmental Conservation finds, that on the basis of the information provided in the application for Conditional Use Determination, there is reasonable assurance that the proposed conditional use will have no undue adverse effects on the protected functions of the significant wetland on this property providing that the provisions of the application are supplemented with the procedures described below and therefore is approved. The proposed activity is carried out consistent with the proposal in Conditional Use Determination Application #90-397. 2. The erosion control plans are carefully followed to avoid impacting the two grass swales on the site. 3. All areas of disturbed wetland soils are to be monitored for five years following construction for the nuisance aquatic species purple loosestrife aWhrum salicaria) and common reed (Phragmites australis). If either of the two plants become evident, they are to be handpulled and destroyed in an upland location before they spread throughout the wetland. 4. The applicant shall notify the Vermont Wetlands Office prior to the start of this project. 5. The Agency maintains continuing jurisdiction over this project and may at any time order remedial measures to be taken if it appears likely that adverse impacts to the protected functions and values will occur. . r„ r SUL U j_' lc: Wt'-,bU1Ll UO.(Wt566LL' r . h -+ William B. Wessel Conditional Use Determination #90-397 Page S 6. This Conditional Use Determination will remain valid for two years from the date of the determination. R4L\DLC\jl Cp\is8-io-1s.91 Reginald A. LaRosa, Acting Commissioner Department of Environmental Conservation by: David L, Clough, P.E. Director, Water Quality Division Dated at aterbury, Vermont this l day of , 1991. `) crd7-1a,J of .$)iT� V1S rT' A144�� ���Ize53;s S rLj S)c P 6-2 7570 Victoria Fraser 133 Van Sicklen Road Williston, Vermont 05495 April 17, 1994 South Burlington Town Planner '66k4eten, Vermont 05495 150 L44-k-"•) Dear Town Planner, My husband and I own property on Van Sicklen Road that Muddy Brook passes through. We are the first house on the Williston side, near the bridge. This area is very important in terms of wildlife and recently I have compiled a list of sitings I have made over the last 8 years for the Water Resources Department at their request as they felt there was little information about the wealth of wildlife in this area. I thought that you also might like to have a copy as an indicator of how valuable this part of South Burlington is in terms of wildlife management. Sincerely, Victoria Fraser Victoria Fraser 133 Van Sicklen Road Williston, Vermont 05495 April 13, 1994 Eric Sorenson Water Quality Division 10 North Building 103 S. Main Waterbury, Vermont 05667 Dear Mr. Sorenson, We spoke on the telephone several weeks ago about the ACT 250 permit being considered to open the quarry on South Brownell Road in Williston, Vermont. I mentioned that I was very concerned about adverse impact on wildlife of the area and we discussed Muddy Brook and its wetlands as an important wetland corridor. I also mentioned that I had been keeping records of sitings since 1987 and you requested that I send my records to you, listing siting, time of year and year. The list is enclosed. I am very concerned about protecting the wildlife and wild nature of this area. I feel it is very important, particularly because this area is so close (6miles) to the center of Burlington. It feels particularly important that something like this be preserved. I hope this list is useful in helping to preserve this area Sincerely, Victoria Fraser MA - by Victoria Fraser, 133 Van Sicklen Road, Williston, VT 05495 802-864-0701 Animals Beaver Catamount (this animal has been sighteda times over 8 years by our neighbors, Skip and Carol Allen) Chipmunk Coyote Deer Frog Frog, peeper Ground Hog Moose Muskrat Otter Rabbit Red Fox Skunk Snake, garter Squirrel Toad Turtle, Snappin Weasel, small Birds Baltimore Oriole Bluebird Blue Jays Canada Geese Cardinal Cedar Wax Wings Chickadees Doves, Mourning Ducks, Wood Ducks, Mallard Finch, Gold Finch, Purple Flicker Heron, Great Blue Heron, Green Hawk, Harrier Hawk, American Kestrel Hawk, Red 'fail Hawk, Osprey Owl, Great Horned Pheasant, Ring Necked Redwing Blackbird Swallows Thrush, Hermit Wild Turkey Woodpecker, Downy Woodpecker, Hairy Woodpecker, Pileated Water Life Mussels Sunfish by Victoria Fraser, 133 Van Sicklen Road, Williston, VT 05495 802-864-0701 If no date is listed beside the name, the animal has been seen all years. Also, regarding birds, a complete listing of birds does not appear with each month. Theactual listing reflects the fact that something was written in the journal. The list also contains several sitings, often of unusual animals, reported by immediate neighbors. i • i a IMFI ; . January Mink, 1991 Cardinals, 1987-1994 Chickadees, 1987-1994 Purple Finches " Mourning doves" Blue Jays " Red Tail Hawk " Nuthatch " Downy Woodpecker " Hairy Woodpecker " February Otter, 1991 Owl, 1993 Mink, 1991, 1992 Mourning Doves, Squirrel, 1992, 1994 1987-1994 Coyote, 1988 Muskrat, 1994 March Otter, 1988, 1989, 1994 Great Horned Owl, 1989, 1992 Mink, 1989, 1990, 1994 Great Blue Heron 1987-1994 Coyote, 1989 Canada Geese, 1994 Wood Ducks, 1991, 1994 Squirrel, 1994 Wild Turkey, 1994 Skunk, 1989 Red Wing Blackbird Muskrat, 1989 Cedar Wax Wings, 1992 Red Tail Hawk Gold Finch, 1989 1993 April Mink 1988,1991, 1993 (alot) Pileated Woodpecker, 1988 Beaver 1991, 1993 Bluebird, 1993 Rabbit Cedar Wax Wing, 1993,94 Turtle, snapping Wood Ducks, 1992,1994 Muskrat, 1993 Redwing Black bird Ground Hog Mallard Ducks, 1992, 1993 Cardinals Mourning Doves Ruby CrownedKinglet 1993 RedTail Hawk American Kestrel, 1988 Canada Geese, 1993 May Beaver Baltimore Oriole, 1991 Bluebird Moose, 1988 Great Blue Heron Mink 1991, 1992, 1993(alot) Ruby Throated Otter 1991 Hummingbird Raccoon 1991 Swallows Red Fox 1992 Wild Turkey, 1993 Rabbit Snapping Turtle, 1989 Canada Goose, 1988-89 June Weasel, small 1992 Bluebird, 1991 Snapping turtle, 1987, 1992 Fireflies Mink, 1991 Rabbit Deer, 1987 July Otter, 1988 Mallard Duck, 1990 Rabbit Great Blue Heron Catamount, 1989 Flickers August Beaver, 1987 American kestrel, 1987 Garter Snake, 1987 Cedar Wax Wings, 87 Toad Flickers Rabbit Great Blue Heron Goldfinch September Beaver1991 Bluebird, 1987 Mink 1990 Northern Harrier Hawk, 1988 Wood Ducks,1991,1993 Wild Turkey, 1993 Osprey, 1988 Great Blue Heron October Mink 1992 Pileated Woodpecker Beaver 1992 1987 Red Tail Haw Great Blue Heron Ring Necked Pheasant 1990 Cedar Wax Wing November Beaver, 1992 Mourning Doves Red Tail Hawk December Mink 1988, 1990, 1992 Red Tail Hawk Coyote 1989 Juncoes Great Blue Heron Cardinals Chickadees Downy Woodpecker Hairy Woodpecker Wild Turkey, 1990 Town of Williston 722 Williston Road P.O. Box 137 Williston, VT 05495 1763 Bert Moffatt Town Manager 878-0919 Town Clerk/Treasurer 878-5121 Planning/Zoning 878-6704 Lister 878-5121 Water/Sewer 878-6717 Highway/Landfill 878-5133 Police 878-66ll Fire 878-5622 Dorothy Alling Memorial Library 878-4918 Williston Central School 878-2762 '2� April 4, 1991 Joe Weith, Town Planner City of South Burlington Planning Department 575 Dorset Street South Burlington, Vermont 05403 Re: SUB-91-16, 4-lot subdivision Van Sicklen Road Dear Joe: Awhile ago we received a notice that Bill Wessell was subdividing a large piece of property located off of Van Sicklen Road which borders Williston at Muddy Brook. More recently, the Williston Planning Commission has granted concept approval for a 4- lot subdivision of land owned by Bill and Sara Mikell located on the east side of Muddy Brook (across from Wessell). A review by our Conservation Commission was triggered by the fact that this land lies within our Special Features Overlay District and Conservation District. Although current zoning would prohibit any structures, except parking lots, within the 150- foot conservation zone, the Commission is now seeking to restrict that area even further to protect the wildlife corridor. Thus far, the Mikells have been very cooperative. The Conservation Commission would like your Planning Commission to be aware of what's happening on the Williston side of the brook. Therefore, I'm enclosing a copy of their findings for your information. Perhaps by working together, we can more fully protect this natural resource area! Call if you need more information. Sincerely yours, Gail M. Desorda Planning Admr. Encl. cc: Dennis Bates, Chairman WILLISTON CONSERVATION COMMISSION Recommendation to Planning Commission IN RE: Application #: SUB-91-16 Zoning District: Ag/Rural Residential and Conservation Districts Property Location: Van Sicklen Road Property Owner: William & Sara Mikell 86 Van Sicklen Road Open Space Characteristic (s) Involved: Greenway After review of this application for development, the Conservation Commission finds that the subject property IS affected by the Town of Williston's Open Space Master Plan. (See attached Findings, if applicable.) Dated this 6th day of March 1991. JAANA>S Rft� Dennis ates IN RE: Application #: SUB-91-16, William & Sara Mikell 86 Van Sicklen Road, Williston FINDINGS AND RECOMWNDATIONS TO THE PLANNING COMMISSION Subject: Greenway Corridor Subsequent to the Conservation Commission's review of the Williston Open Space Master Plan and conceptual subdivision plan entitled, "Boundary Survey for William E. and Sara U. Mikell", prepared by Vermont Land Surveyors, dated July 31, 1990, the Conservation Commission finds that this project is affected by a Greenway Corridor which is identified in the Open Space Master Plan. The property does lie within the Special Features Overlay District and is subject to those zoning regulations. After consultation with the landowner, William Mikell, it is also the opinion of the Commission that this particular section of the overall Greenway Corridor system is an environmentally sensitive area which has significant potential as a conservation wildlife corridor. The subject property is further impacted by a wetland area on its western bounddary and is severely limited in its development potential due to poor soil conditions. The Conservation Commission believes that the proposed development, as depicted in the site plan, is designed in a manner which minimizes the impact on the conservation zone and is in conformance with the requirements under Section 3.13.4 (G)(1) and (2) of the Zoning Ordinance adopted July 26, 1990. On that basis, the Commission submits the following recommendations for consideration by the Planning Commission: That due to the unique environmentally sensitive character of the subject property along Muddy Brook, pedestrian access is not encouraged. That restrictive covenants which prohibit development of any type be placed upon that portion of the subject property which lies within the Conservation District, meaning all property within 150 feet of the centerline of Muddy Brook. That these covenants be recorded in the Williston Land Records and that a 11150-foot Conservation Greenway No -Build Zone" consistent with the boundaries of the Conservation District described in the Zoning Ordinance adopted July, 1990 be depicted on the approved final survey plat. Dated this 6th day of March 1 1991. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 29, 1993 Wiliam B. Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 20 Unit PRD, Van Sicklen Dear Mr. Wessel: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the November 17, 1992 Planning Commission meeting minutes. If you have any questions, please let me know. Si cerel , J e Weith, City Planner 1 Encl JW/mcp 20. "Storm Drain" (s:.metimes termed "storm se.%er") shall ri-,eap a sewer %:fiich carries storm and surface waters and drainage, b14t excludes sewage and industrial wastes, other than unpolluted cooling water. Sec. 21. "City Manager" shall mean the City Mianager of the City of South Burlington, or hi! authorized deputy, agent, or represen- tative. 22. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water,sevjage, or other liquids, and which are removable by laboratory filtering. 23. "Watercourse" shall mean a channel in which a flow of water occurs, either continously or intermittently. ARTICLE II Use of Public Sewers Required Sec. 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in anv unsanitary manner on public or private property within the City of South Burlington, or in any area under the jurisdiction of said t:i.ty, any human or animal excrement, garbage, or other objectionable waste. Sec. 2. It shall be unlawful to discharge to any natural outlet with -in the I;ity of youth Burlington, . or in any area under the jurisdiction of said -city,' any sewage or other polluted waters, except where suitable -treatment has been provided in accordance with subsequent provisions of this ordinance. Sec. 3. Except as hereinafter provided, it shall be unlawful to construct or maintain.any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. Sec. 4. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purooses, situated within the town and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the town, is hereby required at his expense to install suitable toilet facilities there- in, and to connect such facilities directly with the proper public sewer in accordance with the provisionsof tF.is ordinance, within ninety (90) days after date of official notice to do so, unless specifically exempted from this provision by the Town Manager. ARTICLE III Private Sewage Disposal Sec. 1.. Where a public sanitary or combined sewer is not avail- able under the provisions of Article II, Section 4, the building City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 29, 1993 William Wessel 70 Highland Terrace South Burlingtton, Vermont 05403 Re: 20 Unit PRD, Van Sicklen Road Dear Mr. Wessel: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the September 15, 1992 Planning Commission meeting minutes. If you have any questions, please let me know. Si erel , J 'e Weith, City Planner 1 Encl RW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 18, 1992 William B. Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 20 Unit-PRD, Van Sicklen Road Dear Mr. Wessel: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the July 28, 1992 Planning Commission meeting minutes. If you have any questions, please let me know. i cerely, J e Weith, 1 Encl City Planner JW/mcp //// ? /y a- -'OC I. llllo�' I t L I'10• y.y1 1!:�:;C'� H0.UUt_ F'.Ul MEMORANDUM landscape itects . planning consultants 301 college street • burlington . vermont 05401 phone (802) 658-3555 fox (802) 863-1562 TO: Ray Belair, Zoning and Plananing Ass-stant South Burlington Planning Commission FROM: Jane Sorensen, T. J. Boyle and Associates DATE: November 9, 1992 RE: William Wessel - 20 Unit -ME -Sketch Plan RESPONSE: Preliminary Memo - Planning 1. Covenants restricting disturbance of wetlaods will be included in deeds. 2. Property lines for lots 7 and 10 will be adjusted to meet the 85' frontage requirement, 3. Graphic houses are diagranfimaiic only. Final design will respect the 20' front yard and 10' side yard setbacks.. 4. Private roadway will be 24 feet p ved. Off• -.street parking for at least 2 cars will be provided in driveways. RESPONSE: Prelim Covenant - �"Jilli�7itt 1. Sz lianski, City Engineer 1. The cul-de-sac shall be adjusted to hilve a 20' wide pavement and a curb to curb distanu of 120'. As a rFsL!lt, ho se lot 13 will be revised from .62 acres to .61 acres. 2. The sewage pumping station of Ledge Knoll, Lane Press, force mains and gravity lines will be checked to sot, tlll4it they can accommodate this development. 3. The hydrant flow test result;-5 of a June 30, 1992 test have been included in the text submitted with the Sketch Plan. The test suggests there is sufficient water available. RFSi?QN" FF- Chief Goddett h2emo and i-n eti-1 on 6 July 1992 of Aandkcake architect and fire chief. v I. Driveways to lots 3 and 4 would be 20' wide to safer and more efficient access in the event of in eriiergengC _;3-uutb N urlingtnn Ntre :43 cpartment 575 +Barset _44red ; _*auto Nurlingtun. Uermunt 0403 ��` �• 1 .ram. FAX: (802) 658-4748 (802) 658-7960 To. South Burlingtion Planning Commission From. Chief Goddette Re; November 17,1992 Agenda Items Date; November 4,1992 1. Munson Property Project # 91098 1860 Williston Road Plans have been reviewed on the changes for this project and at this time I do not feel it would be a problem for emergency protection 2. Ostiguy Center 4050 Williston road Plans were reviewed by this department and at this time I do not see any major problems for emergency protection 3. Wessel Sub -division Van Sicklen road Plans were reviewed by this department and I do have a concern with the road way for lots 2,3 & 4 that it is not wide enough for emergency equipment, for the following A. The main road is only 20' wide and would only allow one pumper in and would not allow a second one in if needed for exposures if needed. B. The drive ways are only 10 ' wide which could effect setting up the first in pumper and cause a delay getting equipment in to attack the emergency. CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record -W-Ul;am R_ We-sSel 7n HjQhland Terrace„ South Burlington, Vermont b. Applicant William B. Wessel C. Contact William or Diane Wessel 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). A ?n 1nt sinole family residential subdivision of 41.4 acres in South Burlington. This density conforms with the new ordinances adopted June 1, 1992 Offer to dedicate land along Muddv Brook for public recreational use 3) Applicant's legal interest in the property (fee simple, option, etc. 4) Names of owners of record of all contiguous properties 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. ROW of 20' to serve up to 3 lots. 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Proposed new city street with sewer available on Dubois Drive. Can be run along route 116 7) Describe Sany previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: Planning Commission gave final plat approval to a 3 lot subdivision on Dec. 12, 1978, never built. The Planning Commission rejected a sketch plan for 50 condos on Jan. 23, 1990. The Planninq_Commission rejected a plan for 20 single family lots on January 23, 1991. The Planning Commission rejected 20 lot subdiv.isio with n.on-sta dard cu -de-sacs a d w' th on Oct. 20, 8) Submit rive copies and one redluced copy �� �% x�, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of_ proposed subdivision to adjacent property and surrounding area. Signature) applfcTarht or contact person Date ?.-M 199.1 2 SKETCH PLAT CITY OF SOUTH BURLINGTON William B. Wessel Van Sicklen Road Property LIST OF CONTIGUOUS PROPERTY OWNERS Highland Terrace 20 Soon K. and Mikyung P, Kwon 40 John W. and Patricia A. Trutor 50 Mark R. and Marsha S. Abrams Van Sicklen Road 300 Douglas J. and Doreen B. Kendall 200 David and Kathryn Gage 333 C, Lynn and Jane G. Fife William E. Mikell (Williston) Hinesburg Road 1550 Nile A. and Julie B. Duppstadt 625 Green Acres Inc. c/o Ralph Goodrich City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 13, 1992 William Wessel 70 Highland Avenue South Burlington, Vermont 05403 Re: 20 Unit PRD, Van Sicklen Road Dear Mr. Wessel: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, November 17, 1992 at 7:30 P.M. to represent your request. If you have any questions, Encls JW/mcp cc: Terry Boyle please give me a call. Si cerel , J Weith, C ty Planner M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments November 17, 1992 agenda items Date: November 5, 1992 PILLSBURY MANOR III, WILLISTON ROAD I field checked the drainage plan for the above referenced project and found that the construction conforms with the plan dated January 1990 with latest revision dated October 27, 1992. The exception is that the fence aground the retention basis has not been installed. WESSEL DEVELOPMENT, VAN SICKLEN ROAD 1. The cul-de-sac shall have a 20' wide pavement drive or a curb to curb distance of 120' not 116'. 2. Sewage pumping stations of Ledge Knoll, Lane Press will have to be checked to see if they can accommodate this development. Also the force mains and gravity lines they discharge into. 3. Water supply especially for fire protection will have to be evaluated. OSTIOUY CENTER, WILLISTON ROAD Plan dated June 18, 1992 is acceptable. MUNSON PROPERTY, WILLISTON ROAD Existing curb openings (2) should be closed by installing new barrier curbs. ,� �........ �_.....�,�:::.._ ::asses :rz >>.. < ,.:ru&�,n,,, �: •:.:? City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 6, 1992 William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 20 Unit PRD, Van Sicklen Road Dear Mr. Wessel: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please submit additional information and/or revised plans no later than Monday, November 10, 1992. If you have any questions, please give me a call. Sincerely, ay nd J. Belair, Zoning and Planning Assistant RJB/mcp Preliminary Memo - Planning November 17, 1992 agenda items November 6, 1992 Page 2 --- the approved plan showed that the northerly wing would have a side setback of 21 feet and it was constructed with a side setback of only 18 feet. The southerly wing was approved with a side setback of 21 feet and it was constructed with a side setback of only 12 feet. --- the approved plan showed the southerly wing to be setback 50 feet from the Williston Road r.o.w. as required under Section 18.101 of the zoning regulations and it was constructed 38 feet from the r.o.w. line. --- is an Act 250 amendment required for these changes? WILLIAM WESSEL - 20 UNIT PRD- SKETCH PLAN --- sketch plan submitted is acceptable. --- staff recommends that the deeds for all the lots contain a restriction prohibiting any disturbance of the wetlands. --- lots #7 and 10 do not appear to meet the 85 foot frontage requirement. --- houses on lot #2, 8, 18 and 20 do not appear to meet 20 foot front yard setback. --- houses on lots #3, and 15 do not appear to meet the 10 foot side yard requirement. --- the private roadway should be built to City standards with the exception of curbing and widths. The minimum width is 30 feet with parking and 24 feet without parking. SOUTH BURLINGTON REALTY - MIXED USE BUILDING - SITE PLAN --- provide exterior lighting details. --- provide square footage of retail floor area in auto parts store. --- plan should show 15 foot sewer easement along the front of the property. --- the front yard and front parking lot should be drawn to scale to be consistent with handwritten dimensions (i.e., 34.5 feet and 15.5 feet). E 0SECTION k CUL-DE-SAC I -ILL 106T /A eik-o� =r� VX .'br , - 1!n,I . 44 --7 F� KETCH PLAN - WESSEL SUBDIVISION 20 UNIT P.U.D. VAN SICKLEN ROAD. SOUTH BURLINGTON, VERMONT Revised August 19. 1992 JULY 28, 1492 Revised September 15. 1992 Owner: William Wessel Wasbuilt Co., 70 Highland Ternice, South Burlington, Vermont 05403 Scale: 1" - 10' F-- -w AICAG, "I, Tr P,.,r P-L-Y AT- 4f-t—or- - se,- 44vu-,&-, i-SECTION,- E3: MAIN ROAD ''ScaIe: I* - 10': October 20, 1992 MEMORANDUM TO; Planning Commission FROM: Sonny Audette, Public Works Director RE: Street Standards This is in answer to a request by a Developer to build streets to substandard specifications. We have been a leader in the State with our subdivision regulations and our street, sewer and storm sewer regulations for the last 25 years. We are still upgrading areas that were built previous to our regulations. These areas do not have proper drainage, adequate street width and no sidewalks and some do not have adequate road base. This means that we are doing work that should have been done 30 years ago. These streets and,-deyelopments_yr,,.re buil,�at a low cost to the Developer. the Taxpayers are paying for those improvements today. A road without curbs allows the edges to break off and for the oa-� shoulders to move due to the weights of trucks and other vehicles. This does not happen with curbs as the curb serves as a form of box and keeps the edges of the road from moving. The curbs also stop the cars and :S4t,(& trucks from parking on the shoulders when the area is wet and unstable.sk,,'/4,, The curbs also allows for the control of surface water by avoiding the water soaking into the shoulders and creating an unstable conditions on the shoulder. A storm drainage system that is piped also keeps the water out of the,,.,-/ road base by keeping the water away from the road base. An open ditchI8,4.evs system allows the water to soak into the area next to the road and the road bed which weakens the shoulder and the road itself. The most important thing to any good road system is the drainage to keep the water away from the road bed. Another problem with open ditched is the high maintenance factor. These ditches tend to become areas where residents dump their clippings and other yard waste. This creates an area that grows cattails and becomes very unsightly. This also creates problems for frozen culverts as the water can not flow freely and must be cleaned out by the Street Department. I do not know of any area that has open ditches that the residents are happy with them. The City just does not have the time and man power to go around and clean these ditches properly. There has been a movement by the National Home Builders Association to try and weaken local specifications for local streets and developements to allow for the construction of cheaper housing. I would hope that they would try looking at other areas for savings instead of street specs. I agree some savings has to be made to allow for cheaper housing but I do not think that it is fair to put the burden on the rest of the Tax- payers in the City. We must strive to move forward not backwards. To change these specifications is a major step backwards. Pg• 2 Continue; Street Standards I have some photos of some problem areas and I hope the Commission takes a good look at these. I also did a calculation of what it cost us now in the areas that have no curbs and I came up with a minimum figure of about $500 per year per 1,000 feet of street that have no curbs and open drainage. This includes plow damage repairs, patching shoulder areas that break off and ditch cleaning. This does not take in any repaving due to road failure. I appreciate the Planning Commission taking their time to listen to Bill and myself's feelings on this very important problem for our City now and in the future. Sincerely, Albert Audette Public Works Director (SECTION A: CUL-DE-SAC 1 (il.v.�i:�lIl- WIC IVIFADOW Q,. FIOCbe °� �C^'��r o „ l: nrrr (_SECTION'-. B:'� MAIN ROAD. ""Scale: I"- I V SKETCH PLAN - WESSEL SUBDIVISION 20 UNIT P.U.D. VAN SICKLEN ROAD. SOUTH BURLINGTON, VERMONT Revised August 19, 1992 JULY 28, 1992 Revised September 15, 1992 Owner: William Wessel Wesbuilt Co., 70 Highland Terrace, South Burlington, Vermont 05403 Scale: I"- IV I w WA.I,I.-1AouSr--® Gv, pB 5 c l � 6 :..- FLOW U1.+G FeK riU1:uGP �:> +� LCrWoir,, ...� -----piGALi No --MM IQ MP3.061.) C!'NPtPOr—I I understand the arguments presented by both sides on the issue, and I believe that all the issues raised deserve equal consideration. I feel the issue of aesthetics is important, especially considering the amount of work and debate that we all participated in over the last 3 years as we tried to figure out a way to preserve the character of the SEQ. I feel a city standard street, that being 30 foot wide, curbs and a standard cul-de-sac, is excessive for cul- de -sacs which will only be serving 7 single family homes. It is definitely not in keeping with the character of a low density development in this area of the city. The main street should be built to city standard, since it is the main artery serving this development and is planned to connect to an adjoining development if and when it occurs. My recommendation for the design of the cul-de-sacs is that the standards be waived if and only if the applicant can design a drainage system that will work properly. For example, water will not pond on the residential properties. I do not know, however, if it can be done. Sonny and Bill argue that it cannot. In terms of circulation, parking can be allowed only on one side, and parking around the cul - de sac can be prohibited. In addition, I would not think that crumbling pavement would be a problem since traffic volumes will be low. Again, my main concern is drainage and drainage maintenance, and if the applicant can some how guarentee that this will not be a problem, I would support waivers for the cul - de sac streets. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 14, 1992 Mr. William Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: Street Standards Dear Bill: ZONING ADMINISTRATOR 658-7958 Enclosed is a memo from City Engineer Bill Szymanski explaining why the City's street standards are important and why they should not be waived. The City's Public Works Director, Sonny Audette, is currently preparing a cost comparison for maintaining City standard streets verses non-standard streets. Both Bill and Sonny will be at Tuesday's meeting to discuss this issue. Please contact me if you have any questions. cerely, e Weith, ity Planner cc: Terry Boyle 1 Encl JW/mcp KREBS & LANSING Consulting Engineers, Inc, September 15, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Weith: P(L'D 10 Main Street Colchester, VT 05446 Telephone (802) 878-0375 On a very preliminary analysis based on August 1992 counts, the Hinesburg Road (116) and Van Sicklen Road intersection is operating at a level of Service B in the a.m. peak hours and a level of service C in the p.m. peak hours. Yet to be analyzed is the effect of the additional 20 units of housing for the design hour in the future (5 years). Please call if you have any questions. Very truly yours, tcbert C. rebs RCK/amm cc: William Wessel Weith/w#18 I%/�515 L �S��+T ?s�Nll,ll�v�J�►� nrzEia. _ 17. 1 0� I GRE ABRAMS Li I�l/ I.f i /�.l��i� i� N�1�✓l�� I��S = I �J. 4cF�y - �M �� 4�10 / cpj �` I . �a acmes. �------------ RECEIVED7 .�s 17� .u3 - `:51 5Z 11 ..4Z 5,7 10 T9 1(o �8 r JUIt 1 A 1992 to : 77 11 .. Sg 17 .7z of So. Burling ' City ton � _ �_. 5q I�c.1 t?�LI L (?,o'� I��oo L.F x moo' leo� � r •S3 A � / ' /_ � p�iv�� r✓ ( 7-4') L F k Coo' 40 i. 10 a TRUTOR // c•� x'oo g6iJ 4A �� U�bL� I r' /• oC'�1-•I hPPG,C'DI�"11'-i�_ ___�---s� GLy %, �J� l.Qi try IMI°� (✓v �5 t�t:v�I Ot°M iT - I q � (+'IPL i'O:G�7 aEv�J c�1�MF4-1T = I�I.rbL�Glec� e -• 3076 or Vol cJ .76A , <7� •e.6A I \ \ • ®•_ •�••• �•••• II ' I / / ! .+�� 1r 58 �i . 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Subsequent to T. J. Boyle & Associates inventory analysis of the S.E. Quadrant in 1989, Mr. William Countryman performed a detailed inventory of wetlands for the Wessel;s property. In addition, the State performed a subsequent wetland study in this area indicating the PFO1 condition is easterly, close by and associated with the flood plain of Muddy Brook. This would indicate that an adjustment to the boundary of the restricted area be made as follows: Extending from the NE corner of residential lot on North side of Van Sicklen Road extend a line (bearing N 301 E.) approximately 650' to a 10" Scotch pine. Extend a line from this pine approximately 600' bearing approximately N 700 W to the property corner indicated on the attached enlargement of the property map and the proposed layout of the Wessel parcel. Although sections 26.302" and 26.606D of article 26 (SEQ) provide for adjustments of restricted boundaries in the PRD and subdivision process, it would seem an appropriate time to amend the restrictive boundary during the hearing process. Thank you for your consideration. Sincerely yours, on �11 Terre e J. Boyle enclo ures I ;';';i. UPI.Qf-;t j ✓�.t/.�irQP�U� �S"'r--�S• _ �3,`j QGi ci> 4.4.55 • `�Z `I .5Z I� .4Z I ' r t�� a i 517 Id , 79 s,2 to 2b I'L ..4•T (8 .56. � i , \ '• -,r q1.. -r+; tx' vT T.o . . 5g1 �2��%..�--- --------- - --- I I . U8 .iGit?.!✓S < Ft_ oo � fit_ L11._► a 104A {�,L t L• iC' j I -,00. L F . eed lento % I.Z9 A (��orJ' FuTu4G LI' x &U hi,IJ 45A s ` Gl�at.^��'�,��IvE`L.,di..l � (Ml°4G'EY7 $ OG-•vEl,!>7°ME+:iT t - — , 1 I Y • go A'ee: I / . 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I MO NA landscape orchilects•planning consuNonh -.N ;T'\-T '1k t .l'k1 !I` .oRiV6 V 301 college sheet • buAfnplon • versnont . 05a01. 402.658..7655 ; /1TT CHNENT 14 No Text KREBS & LANSING Consulting Engineers, Inc. 10 Main street Colchester Vf 05446 Telephone (802) 878-0375 September 15, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Weith: on a very preliminary analysis based on August 1992 counts, the Hinesburg Road (116) and Van Si.cklen Road intersection is operating at a level of Service B in the a.m. peak hours and a level of service C in the p.m. peak hours. Yet to be analyzed is the effect of the additional 20 units of housing for the design hour in the future (5 years). Please call if you have any questions. Very truly yours, j" obert C. krebs 3 RCK/amm cc: William Wessel Weith/w#18 0 KREBS & LANSING Consulting Engineers, Inc. 10 Main Street Colchester, VT 05446 Telephone (802) 878-0375 September 15, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Weith: on a very preliminary analysis based on August 1992 counts, the Hinesburg Road (116) and Van Si.cklen Road intersection is operating at a level of Service B in the a.m. peak hours and a level of service C in the p.m. peak hours. Yet to be analyzed ic the effect of the additional 20 unit; of housing for the design hour in the future (5 years). Please call if you have any questions. Very truly yours, A-V obert C.qrebs A RCK/amm . cc: William Wessel Weith/w#16 E KREBS & LANSING Consulting Engineers, Inc. 10 Main Street Colchester, Vi 05446 Telephone (802) 878-0375 September 15, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Weith: on a very preliminary analysis based on August 1992 counts, the Hinesburg Road (116) and Van Si.cklen Road intersection is operating at a level of Service B in the a.m. peak hours and a level of service C in the p.m. peak hours. Yet to be analyzed ic the effect of the additional 20 unit; of housing for the design hour in the future (5 years). Please call if you bave any questions. Very truly yours, obert C. 4rebs z RCK/amm - cc: William Wessel Weith/w#18 U KREBS & LANSING Consulting Engineers, Inc. 10 Main Street Colchester, Vf 05446 Telephone (802) 878-0375 September 15, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Weith: on a very preliminary analysis based on August 1992 counts, the Hinesburg Road (116) and Van Sicklen Road intersection is operating at a level of Service B in the a.m. peak hours and a level of service C in the p.m. peak hours. Yet to be analyzed ic: the effect of the additional 20 unit; of housing for the design hour in the future (5 years). Please call if you have any questions. Very truly yours, obert C. rebs `A 2 RCK/amm - cc: William Wessel Weith/wf10 KREBS & LANSING Consulting Engineers, Inc. 10 Main Street Colchester, VT 05446 Telephone (802) 878-0375 September 15, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Weith: On a very preliminary analysis based on August 1992 counts, the Hinesburg Road (116) and Van Sicklen Road intersection is operating at a level of Service B in the a.m. peak hours and a level of service C in the p.m. peak hours. Yet to be analyzed is the effect of the additional 20 units of housing for the design hour :in the future (5 years). Please call if you have any questions. Very truly yours, obert C. 4rebs RCK/amm - cc: William Wessel Weith/w#18 0 s KREBS & LANSING Consulting Engineers, Inc. 10 Main Street Colchesfer, Vf 05446 Telephone (802) 878-0375 September 15, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Weith: On a very preliminary analysis based on August 1992 counts, the Hinesburg Road (116) and Van Sicklen Road intersection is operating at a level of Service B in the a.m. peak hours and a level of service C in the p.m. peak hours. Yet to be analyzed is the effect of the additional 20 units of housing for the design hour in the future (5 years). Please call if you have any questions. RCK/amm cc: William Wessel Weith/w# 10 Very truly yours, obert C. rebs 0 KREBS & LANSING Consulting Engineers, Inc. 10 Main Street Colchester Vi`05446 Telephone (802) 878-0375 September 15, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Weith: On a very preliminary analysis based on August 1992 counts, the Hinesburg Road (116) and Van Si.cklen Road intersection is operating at a level of Service B in the a.m. peak hours and a level of service C in the p.m. peak hours. Yet to be analyzed ic the effect of the additional 20 unit_ of housing for the design hour in the future (5 years). Please call if you have any questions. Very truly yo�u�r�s, obert C. rebs RCK/amm - cc: William Wessel Weith/w#18 KREBS & LANSINd Consulting Engineers, Inc. 10 Main Street Colches'er, Vr 05446 Telephone f,802 878-0375 September 15, 1992 Mr. Joe Weith, city Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Weith: on a very preliminary analysis based on August 1992 counts, the Hinesburg Road (116) and Van Sicklen Road intersection is operating at a level of Service B in the a.m. peak hours and a level of service C in the p.m. peak hours. Yet to be analyzed io the effect of the additional 20 unit: of housing for the design hour in the future (5 years). Please call if you have any questions. Very truly yours, i' obert C 4rebs L' A RCK/amm cc: William Wessel Weith/w#18 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER ZONING ADMINISTRATOR 658-7955 658-7958 September 11, 1992 William B. Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 20 Unit PRD, Van Sicklen Road Dear Mr. Wessel: Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also enclosed is a copy of a memo from the Natural Resources Committee to the Planning Commission. Please be sure someone is present on Tuesday, September 15, 1992 at 7:30 P.M. to represent your request. If you have any questions, please give'me a call. Sincerely, Ae lj, Ce. Joe Weith,A�59 City Planner Encls JW/mcp M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: September 15, 1992, agenda items Date: September 11, 1992 3) WILLIAM WESSEL - 20 UNIT PRD - VAN SICKLEN ROAD At the July 28, 1992 meeting the Planning Commission decided to continue this sketch plan review to a later date to give more members an opportunity to participate since only four (4) members were present and to have a site visit. Enclosed are the following items of information: 1) a memo to the Planning Commission from the Natural Resource Committee commenting on the proposal, 2) a copy of the staff report sent with the July 28, 1992 agenda package, 3) information from applicant supporting his request for waivers on street standards, and 4) report from applicant on how his proposal meets criteria of 19.151 and 26.60. 4) GROSSMAN'S PARKING LOT EXPANSION - 5 BARTLETT BAY ROAD This proposal consists of expanding the parking lot along the westerly boundary. This expanded parking area will encroach up to nine (9) feet into a CO zone. The applicant will appear before the Zoning Board of Adjustment on Monday, September 14th requesting a variance to allow this encroachment. This property at 5 Bartlett Bay Road is located within the C2 District. It is bounded on the east by Jiffy Lube, G.E. Supply and Town & Country Furniture, on the north by Goss Dodge, on the west by the Vermont Railway railroad tracks and on the south by Bartlett Bay Road. NO It I GRE ABRAMS tv .: � t41°1.,�1--1r�/�1✓v�.c.Ut�,�r'.�1� ,41�-fib. — 13,E ,4c�� — --- �� ._ �' Q� �o Acmes 7 C,5 Ili 43 Q Z fit{ 8 55 r#{ .88SA) i E5( 5z 1,5 ..'47- 5q Ib 7q 141 '61b 5 57 <o 7a (Z .. 4+7 IS / �u P�U L ?,o'� l�✓DO L.F x ,f d leotc) I.$3 A r � � p�IVQ.I E (z4') L F +c Coo' IRUTO �UTue4-i ('io') 300 Lt= x C00 g6ij qv, � ,_ _, �f�GJ — � i �/ /•. of'�ii �.�PAG.C'DI��1-'ice-----1---�. Ej Gl. �y '/•, mot✓ L✓b.irtt� IMt'!�'�n i5 n�vBl.ot°M6+�T = � � / �x� r�-r - STi�-�1-5�i1��- `� �t�°rG� C.17 aFJ/�JI MFi 1T = ILi•g/�LIZt� De— S07" OI- A� ,' r/ /r 6J/. � � � � tom-' ---" � Z ••• G � � ",�i D ! o m n � 'C � •�•• r I G1g" l P Li� M Y � - • • •• % 1�34-F'IiL �I .78 a so,�•4 _ � �llV C1p P � C.T'(P') ; ^ Pro l I pip •••.dR� "L{&II&IJ19 e�Iiiµ / 01 �FV `oeCrFO ' m \ IF •• �.53�.! Cow' �\\r i I •i — --- �C I COp-sG� y 10"SGO'jUF .(\ q •. so Plums v ! • nra 1..i:, P QT� I y��`o o A''�7. 2'i 1 .... f (WGUho o. f y �,r I I I W i {Z /t ; i• • Q ; i`r/ MIKEL KWON a; c' J; L(-S a / \ \ \ 1\. , \I -�lA% Q� r �f tGJT✓i/V\c'- N7 { O!Z q • �, ® F — FLOOD PLAIN OVERLAY DISTRICT' \ y \. • • o (Z�i'—���DI W �Y ,� �i CITY of SOUTH BURLINGTON ARCHAEOLOGICAL ZONE ri �1 uT N' o' vT G \ \ \ \ \ r • !' •• /• // to FIRE HYDRANT _ `r� :y:�' •i (141.14 k) UPLAND —. c ,'. x/ WATSON \ -i s, J CLASS III WETLANDS SKETCH PLAN - WESSEL SUBMVISION 20 UNII -P.U.D. 4 CLASS III WETLANDS ENDA IMPACTED by DEVELOPMENT VAN SICKLEN ROAD SOUTH BURLINGTON, VERMONT - it RI - �VIliriV; .I vLf 13, 195Z I I I I i�! I N �• JULY 10, 1992 % I I"i -mt H#I4�oct�� h( M' i Owner: William Wessel Wesbuilt Co., 70 Highland Terrace, South Burlington, Vermont 05403 r0r-tlp0 25 50 75 100 1' 150 100' 200 300 Cn/EscaleProposed water and sewer lines from City of South Burlington to be 8" in diameter.' p 7� _ I Inroysrnnn nmhltnrr. , .,tnnn�nn..•err•• FIFE�� Gt/c sf - -1 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 M E M O R A N D U M To: Interested Parties From: Joe Weith, City Planner Re: Site Visit - Wessel Property, Van Sicklen Road Date: August 6, 1992 ZONING ADMINISTRATOR 658-7958 The South Burlington Planning Commission has scheduled a site visit to the above referenced property. The site visit will take place on Thursday, August 13, 1992 at 7:00 P.M. The Commission will be meeting at the bus turnaround located on the north side of Van Sicklen road. The Planning Commission welcomes anyone interested in this application to walk the site with them. Please notify anyone who you feel might be interested in this site walk. If you have any questions, please contact me. cc: William Wessel South Burlington Natural Committee TGcJE�Ss t L VF/t? 'j- / ! .fir// QiI.CG �Fu2�ts �-l-ram City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 21, 1992 William B. Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 20 Unit PRD, Van Sicklen Road Dear Mr. Wessel: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, July 28, 1992 at 7:00 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, m c p �6 /L C�J� �l7 Joe Weith, City Planner Encls JW/mcp w 4'1222 La-- 6 % PJzC�• = 21. (o I GRE ABRAMS -7 4 RECENED - �j I ��.tcr�s 7 �s 1$ u3 '� 14 38 ---- . - 31 `1 sZ IS J U L 1 4. 1992 w 3-3 5 57 City of So. Burlington ti Zo. .5q Q �u t2�U C. (?,o'� I�✓oo LF x moo' Meow : I .g3 A � � ' /_ `_� z4') lo ,! �U Tc.l 'Y�C-� (i0'� '�00 L rt;D h) lBUTQR , .��"�6•Ut�GJ _ I / of't=t-I hPAC.C'DI�"li'-iGT—--�----�-/ G L �✓ b � 6i1 d U 1�> IM I°t�� �� $ ( t7t�vt.i C>f°/MFi1-tT CIO A'C gee - A 4:: W-'; r-- I I — -- --- --- (�I�r'o�t✓t7 ar:��>M�MF�1-lT = 1�4.S�le-� Gig•¢ ' r o M, n �_. • •• r .75A } h I \ / •••• 1 8 ICI L/ I J. : �/ ' � • �}U'�C(�O' BVILOIIJf> I17�•1'1'Tl;i r ' � I -t `:'�� r.. � � .58 4` � I ••••�- �hlvC-rLi�F� L-Ti`P) i �� •, � 1 ••••pro I ' /� � i • ( to I p� • ;°� eaR '(]1 iaLbl.110 �_>!iLi j.! i D FL �llty \ I\ 11 o I °ooSeaO• OT I�a.`7 ajdL �// / /t '�.53t.1 1• ��F�OP � �� D I q •• 60 If lfr /.� I f 5 r PJ \\ it � I•� q i O � n t RFq •••�� a / � ��' i to / 9 d ci \ ' \ ; SZ A 1•�" \ I om : O / t,:'v 17 .91 A'� , •� 1 . \ I 17� CGl1Q�1-1 \ r i / I 1 i V N \ li6,\ f_ GGI (i�Uh{ Lltf-11'%�j 5b aIq M ,. ; I f I 1 , , '.iGC=;=.j 1 ' ) Q: y� y°•t J, �P �J� .', •71r Y v[ I • ' a v. 2 e�"+.. MIKEL \ .y4 a I 4 �, I t t ,. rt` y I • I 10 �' Krum LP t' / \ \ - ;� y; o t'`••-v �f! ' KEY ,l B h _, t ���� • 1 � • a, / /r \ \ ' " '��AS•�/ Qto �y ����M ' 1�T [ FLOOD PLAIN OVERLAY DISTRICT -_ _ 1 _.�_ I�LI'1✓` LICE • \ �: :l �z=�w�a ol_t w Y/ _ !, \ \ \ �UQ.� � � � _ ,,. \ � , • � A , � � CITY of SOUTH BURLINGTON �r �h ID \ \ \ �: 4 /• 7r I A ARCHAEOLOGICAL ZONE \ \ • 4)9 nj y, n ^� a ' _ \ \ \ \ , , t ` • / �. 6LIw FeMGO+.I; FIRE HYDRANT �r \ Z2 h •� •, j WATSON \ �\ r I e'u fl,�l /L) I UPLAND SKETCH CLASS III WETLANDS H PLAN WESSEL SUBDIVISION20 UNItzP,U.D. KENDALL �� \l K q 4 I CLASS III WETLANDS N SICKLEN ROAD SOUTH BURLINGTON, VERMONT `' IMPACTED by DEVELOPMENTR6VI�i�27:✓W 1;� 199Z �rl„�1 N VAI I R ' JULY 10, 1992 Owner: William Wessel Wesbuilt Co., 70 Highland Terrace, South Burlington, Vermont 05403 ( �p oeN•ENf F071 - — �— , vq : ✓.. th1-� Tor) t-lp r v, N O 0 25 50 75 100 150 200 300 Proposed water and sewer lines from City of South Burlington to be 8" in diameter.' � - o,:w,G ;� � _ scale 1' - 100' _ f It _ 3Z31+ innnSr nnn nrrhit.+.`f^ . Winn N.+.. r•n.. , din - _ - l �, Memorandum - Planning my 28, 1992 agenda items July 24, 1992 Page 7 6) WILLIAM WESSELL - 20 UNIT PRD - VAN SICKLEN ROAD This project consists of the construction of a 20 unit PRD on a 48.7 acre parcel on Van Sicklen Road. 7.3 acres of this 48.7 acre parcel are in Williston. The Planning Commission reviewed a sketch plan for a 50 unit PRD for this property on 1/23/90 (minutes enclosed). This property is located within the SEQ District. A portion of the lot is within a development area and a portion is within a restricted area. This property is bounded on the north and east by open land, on the west by a horse stable and large lot residences, and on the south by a single family home and Van Sicklen Road. Muddy Brook runs through the southeast corner of the parcel. Density: The PRD provision in the SEQ zoning may allow this property to generate 45 units (base density) plus an opportunity for 25% or 57 units maximum. The maximum units allowed on this parcel is based on the development area of 17.1 acres as shown on the SEQ zoning map multiplied by 4 for a total of 68.4 units allowed. The applicant is proposing 20 units total. Access: Access to the development will be via a 60 foot r.o.w. and 30 foot wide road from Van Sicklen Road ending in a cul-de- sac. Three (3) clusters of houses will be served off from this main access by three (3) short cul-de-sac streets with a 60 foot r.o.w. and 24 foot wide road. These three (3) cul-de-sacs are proposed to be private streets. The Public/Private Roadway Policy adopted by the Planning Commission requires that the proposed streets be public roadways. This is required because the proposed roadways will serve four (4) or more single family detached units. These roadways would have to meet the design standards for minor streets. The applicant will be making a presentation to support his request for private streets. A 60 foot r.o.w. is being reserved for future connection to the lands to the north. This road would someday connect to Dubois Drive. 7 Memorandum - Planning July 28, 1882 agenda items July 24, 1992 Page 8 Lot Size: The minimum lot size in the SEQ District for single family use is 12,00,0 square feet and.the lots proposed range from 16,500 square feet to 34,400 square feet. The minimum frontage requirement is 85 feet. Proposed lot frontage information has not been submitted. Nonbuildable area: A portion of the development is proposed outside of the designated development area as shown on the SEQ zoning map. Section 26.606 of the zoning regulations allows the Planning Commission to review proposed developments in a restricted area according to certain criteria contained in this section. The applicant has addressed these criteria in some comments which he submitted (see enclosed). Wetlands: This site contains 27.5 acres of Class II and Class III wetlands of which only .9 acres of class III wetlands will be impacted. A wetland delineation map has been prepared and a Conditional Use Determination (CUD) obtained from the State for this disturbance. The CUD findings, conclusions and decision are enclosed. Pedestrian Trail/Recreation Path: The applicant is proposing to use an existing farm road which runs along Muddy Brook for a pedestrian trail/recreation path. The Recreation Path Committee has reviewed these plans and are in favor of using this farm road. They suggested that to make this path/trail more accessible to the residents within the development that an east - west connection be provided between the farm road and either the main access road or the first cul-de-sac to the east. Recreation Fee: Applicant will be responsible to pay the per unit recreation fee in effect at the time the zoning/building permit is issued for each house. Water/Sewer: Municipal water and sewer systems are serve this development. The applicant is proposing water and sewer mains to serve this development. A test was conducted at Dubois Drive (see enclosed). proposed to to extend 8" hydrant flow Memorandum - Planning July 28, 1992 agenda items July 24, 1992 Page 9 Other: --- the applicant has addressed the "PUD criteria contained in Section 19.15 of the zoning regulations (see enclosed narrative). --- the Natural Resources Committee is in the process of drafting a memo with regards to this development proposal. 7) D. MENDL & P. AYER - ADD DRIVEWAY - 4 BERARD DRIVE This project consists of the construction of an ingress only driveway on a lot which currently has a two-way driveway. This driveway would primarily serve an auto repair facility located at the rear of the property. This property located at 4 Berard Drive is within the IC District. It is bounded on the east by Pizza -Putt restaurant, on the north by undeveloped land (steep bank), on the south by Berard Drive and on the west by Omega Electric warehouse. Access/circulation: Access is currently via a 20 foot curb cut and driveway providing two-way access to the multiple tenants in the building. The proposal is to construct an additional driveway for ingress only along the east side of the building to primarily serve an auto repair business. The plan indicates that the driveway will be 15 feet in width but it scales to only 12 feet. Section 19.103(a) of the zoning regulations states that "where specifically approved by the Planning Commission there shall be one driveway per lot." This property has functioned for many years with only one driveway. The applicant has indicated that this new driveway will provide easier access to his business. This driveway follows along the easterly property line and does not provide for a five (5) foot buffer for snow storage. It would be located approximately 20 feet westerly of an existing curb cut serving Pizza -Putt. M M E M O R A N D U M To: Project Files 6 From: Raymond J. Belair, Zoning and Planning Assistant Re: Preliminary Comments - July 28, 1992 agenda items Date: June 23, 1992 WILLIAM WESSEL - 20 UNIT PRD - VAN SICKLEN ROAD Additional information required on sketch plan: --- name and address of record owner --- name of owners of record of contiguous properties --- indicate approximate size of proposed utilities (water and sewer) Other: --- the PRD provision in the SEQ zon,.,,Dg may allow this property to generate 45 units (base density) plus 25`/0 or 57 units maximum. The maximum units allowed is based on the developable area as shown on the SEQ zoning map multiplied by 4. Applicant should revise plans to show limits of development designated areas as shown on the SEQ zoning map, and indicate the number of acres in this area. --- lots #16, 17, 18 and a portion of lot #19 are within the designated nonbuildable area under the SEQ zoning. Applicant should review Section 26.606 of the SEQ zoning and submit information to substantiate conformance with the criteria contained in this section (i.e., wetland delineation study by qualified consultant). --- a portion of the building envelope on lots #19 and 20 and a portion of proposed street serving these lots are within the Flood Plain Overlay District. Section 2.101 of the zoning regulations, which lists the permitted uses in this overlay district, only allows farming, agriculture, forestry and horticulture. Since single family dwelling are not allowed in the district, the building envelopes for these two (2) lots and the roadway will have to be relocated out of this district. 1 Y Memorandum - July 28, 1992 June 24, 1992 Page 2 Preliminary Comments agenda items - Planning --- the South Burlington Public/Private Roadway Policy requires that the three (3) cul-de-sac streets which the applicant proposes to be private be public roadways. This is required because the proposed roadway will serve four (4) or more single family detached units. These roadways would have to meet the design standards for minor streets. --- applicant must submit an explanation of how this PRD meets the PUD criteria in section 19.15 of the zoning regulations and also the PRD criteria for the Southeast Quadrant District (Section 26.60). --- the Recreation Path Committee has reviewed the sketch plan and is in favor of using the farm road for a recreation path. To make this path more accessible to the residents within this development they suggest an east -west connection between the farm road and either the main access road or the first cul-de-sac to the east. --- plan shows a 50 foot buffer along the wetlands, yet the plan shows all or a portion of the building envelopes of 15 of the 20 lots within this buffer area. Please explain. D. MENDL & P. AYER - ADD DRIVEWAY - 4 BERARD DRIVE --- this site currently has 28- striped parking spaces and the proposed site improvements will reduce the number of spaces to 18. In order to determine whether 18 spaces is adequate to serve the site, the applicant should provide staff with a breakdown of all uses and the associated square footage. --- Section 19.103a of the zoning regulations states that "where specifically approved by the Planning Commission there shall be one driveway per lot". Since this lot already has a driveway, the applicant must show compelling reasons for allowing this second driveway. --- it is the Planning Commission's policy to have a minimum five (5) foot buffer between a driveway or parking area and a property line for snow storage. The plan submitted does not allow for snow storage along the easterly boundary. --- the proposed driveway will result in the loss of a large pine tree, new landscaping in an amount equal to the value o of this tree should be planted and shown on the site plan. RECEIVED JUL 10 1992 City of So. Burlington ABRAMS UI�V,�I--l;C7 /a�il��iL.O�Q•1�✓l_.Ci ,442-fib. q - - � — � . pi . 5q 10 ."N U-0 .(,c, 5 57 11 ..s8 17 .77 _ I' / i1 /� 1\ I \\ nI (o : 7b IZ ..47 18 SCo zo Pe'It/6.TE ( zw) RN51,�- L.F k C,O' 1e o - I. 10 / TRUTOR v1AT(A e-Fi (io') 300 Lf x GO 94K) 1,L.) bC-- 1 ', oft -I <�Pt�lC'Dl�"1l2•{GT— - _ .1-__ ..../ f5'( CIO A,--ee,� t i t / / Piz�N A� r - STi2 �r1 a E •TPa;Y r �r�t�1Ef7 aEVE1 �°MF� 1T = 14.B.Z A� C.11�1�1�1117' 1l+? -1 W Q Ire. 14 78A •�•••• - �f7 [(X' gVIGOrN6' �JtkIT>✓ �IN' ' � I 7 �r '. I t +..79>ti'': ,. .58 f:' �' \ i •�`.•••••P I i' /, X/ (1' /�: ' f - :J 1l •d' / I X ••. ;Ovy C 1 �� .`i �'fOTdL Tom) / - '' D 53a 1 �06v m I r609.•.• Oqq F- i ;ii \' ' �GvO' i i 7 I I •••• �• • Idr,C.C.O' l't' I .r." � J`/ � � �. • •• �1l(F� /7l p • / / a .38 6. /// � ' � 1 1 * O r • A' /S' / � � 13 � \ i� \ �•(F�C7►-i L3L4-IV�J.38 b. r i i r 14 KEY s'� 1 \ l08 4, \ F FLOOD PLAIN OVERLAY DISTRICT I _ l �.J f \ \ \ pLIC'jLIG \\1 \`,��\� - i�• • ����� w�� CITY of SOUTH BURLINGTON _ - _ - ✓;:i� --f \ \ \ \ ` 1i A ARCHAEOLOGICAL ZONE 411, V7 \ �� (' a.. /• Aiy FIRE HYDRANT e VP s r_L ,UPLAND WATSQJ 1 CLASS III WETLANDS to 'Q ' --- CLASS III WETLANDS SKETCH PLAN - WESSEL SUBDIVISION 20 UNITT.U.D: r KENDALLH Q IMPACTED by DEVELOPMENT VAN SICKLEN ROAD, SOUTH BURLINGTON, VERMONT JULY 10, 1992 hM' :m� rn' , tG�, i#oLA-11e, ? 1 n " 1 rCPhPh r'I F✓i -- i Owner: William Wessel Wesbuilt Co., 70 Highland Terrace, South Burlington, Vermont 05403 ��. ' u-�., >>r=-� T��-NI'Wrh r�o � 0 2e so 75 too tso zoo soo U p,,vE scale 1'-100' Proposed water and sewer lines from CRy of South Burlington to be 8' In diameter. * - } `1 .'.�' — -- — '- landscape architects • planning consultonts 301 college street • burlington • vermont • 05401 • 802 • 658 • 3555 DUPPSTADD FIFE; City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 June 25, 1992 William B. Wessel 70 Highland Terrace South Burlington, Vermont 05403 Re: 20 Unit PRD, Van Sicklen Road Dear Mr. Wessel: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please submit revised plans and/or additional, information requested no later than Friday, July 10, 1992. If you have any questions, please let me know. Encls RJB/mcp 9 Sincerrely, Raymond J. Belair, r Zoning and Planning Assistant CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record William B. Wessel b. Applicant William B. WRSSP.I C. Contact William or Diane Wessel 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). A 20 lot single family residential subdivision on 41.4 2QLaS in Cnllth Rur-1 i ngtnn This density Conforms iAiiththe new ordinances adopted June 1 1992. Offer to dedicate land along Muddy Brook for public recreational use 3) Applicant's legal interest in the property (fee simple, option, etc. 4) Names of owners of record of all contiguous properties See attached list. 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. City easement for school bus turn -around and pedestrian LI 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Proposed new city street with sanitary sewer, city water and storm drainage. City water and s2l,jel available on Dubois Drive Can he run alnnq rnute 116 and Van Sicklen Road. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: Planning Commission gave final plat approval to a 3 lot sub- division on Dec. 12, 1978, never built. The Planning Com- mission rejected a sketch plan for 50 condos on Jan. 23, 1990. The Planning Commission rejected a plan for 20 single family 8 ) Su mit n Jive a� 231 9d91 . gb f c�pies� an one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. ( i na ure) app"ican or co tact person Date 2 SKETCH PLAT CITY OF SOUTH BURLINGTON William B. Wessel Van Sicklen Road Property LIST OF CONTIGUOUS PROPERTY OWNERS Highland Terrace 20 Soon K. and Mikyung P. Kwon 40 John W. and Patricia A. Trutor 50 Mark R. and Marsha S. Abrams Van. Sicklen Road 300 Douglas J. and Doreen B. Kendall 200 Robert J. and Rebecca M. Watson 333 C. Lynn and Jane G. Fife Will iam E. Mikell (Williston) Hinesburg Road 1550 Nile A. and Julie B. Duppstadt 625 Green Acres Inc. c/o Ralph Goodrich M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: July 28, 1992 Preliminary Comments Date: June 25, 1992 WESSEL SUBDIVISION, VAN SICKLEN ROAD 1. The 20 housing units will generate approximately 8,000 - 10,000 gallons of sewage per day. This sewage will have to be pumped by two pumping stations built by others. These stations may have to be upgraded to accommodate this extra flow. In addition, all of up stream sewer facilities will have to be checked to see if they can accommodate this extra flow. 2. The adequacy of the water supply especially for fire protection must be checked. 3. A public street shall terminate with a City standard cul-de- sac. AUTOBOHN AUTO WORKS, BERARD DRIVE 1. There should be a separation between the driveway and property line. The recommended width is 5 feet. The pluii as shown will require the drive and parking lot to drain directly on to the adjacent property. 2. Driveway width scales as 12 feet, typical section says 12 feet plus 1 foot shoulder. The plan note says 15 feet. AESCULAPIUS BUILDING. TIMBER LANE 1. There should be a 5 foot sidewalk along the north side of the entrance drive to Timber Lane. This sidewalk shall have at least a 5 foot grass strip for snow storage. The walk shall have a handicapped ramp where it connects to Timber Lane. 2. This large parking lot should include at least two storm drain inlets with a pipe to Kennedy Drive. The roof drains may connect to this system. ; Til nrlington 3F ir£ 74l rpa, .i6nt , f 575 +43urset ---tr,,rt tntttb +3tirlington. lderutnnt 05403 (802) 658-7960 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY JULY 28,1992 AGENDA ITEM DATE: THURSDAY JUNE 18,1992 1. WESSEL SUB -DIVISION 20-UNIT PUD VAN SICKLEN ROAD PLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND IF WE ARE TO GIVE PROPER EMERGENCY PROTECTION THE FOLLOWING MUST BE DONE: A. ALL STREETS MUST BE 30' WIDE. B. THERE MUST BE 30' BETWEEN BUILDINGS. ` C. WATER LINE INSTALLED AND HYDRANTS INSTALLED IN LOCATION MARKED ON PLAN. 2. AUTOBAHN AUTO WORKS 6 BERARD DRIVE WHEN THE PLAN WAS REVIEWED THE ONLY PROBLEM I SEE IS THE ONE WAY DRIVE ON EAST END MUST BE AT LEAST 20' WIDE FOR EMERGENCY EQUIPMENT IF WE ARE TO BEABLE TO GIVE PROPER EMERGENCY PROTECTION DUE TO SIZE OF BUILDING. 3. AESCULOPIUS BUILDING PROPOSED ADDITION TIMBER LANE PLAN REVIEWED AND DUE TO SIZE OF TOTAL COMPLEX THE NEW PARKING AREA MUST HAVE A EMERGENCY EXIT TO TIMBER LANE TO ALLOW EMERGENCY EQUIPMENT TO SET UP AS WELL AS ALLOWING FOR PROPER HOSE LINES FOR WATER SYPPLY. t I acknowledge the receipt of a complete Sketch Plan application from William B. Wessel, Dated June 2, 1992, titled "Sketch Plan --Wessel Subdivision", today June 3, 1992. City Planner South Burlington a G's JNIWI43V L1V �lf`Jd'11 �M wo�,�+-,� icy► �1 � r i r M. • M • LOB -izy O • luo wen - Uo161WICn . )eeye 66e1 O WC=-- ��n Or1 4Jdt1'd61 �Yd'Latt+ \ t. d6b� lbr ''d _ _ -fir y13vV9°�d� L r do i 3` Vo P � arm► Vf'2b� , 1 t lox l rt 151.43 ° IN / ,> \„ prod 02 1► r�r� A i S � , -.., r ` + ''•.,�, :; `R%'\� :'. A1"ls°'iY'1lJI r TA 1�•d }r '' f\ I, t I t f I , IVos' •(,,�✓ SL �t'11G1111'19 ;��7'�Oi� \ I vet' d0 %bZ V*W 1'hi = .1rtavaA'7 t`�a c;�^ ►c��+) j� �� , I � � . � ' /,r �� � 1.. e� ,' , � S�'x�v ob ' 1r:+�vyd�'1�n�a },� Q�va wl mac+ r��l��+ �.� ���'►� 0 -amoa yaana r►D a-av4l%du4 2491stA ood'"fi M92i olj x .l'1 oos (,P"-) 'a'e�nlnu 'Vol ' I s C' v ,O'0� k -4 1 6 (,'h2 % �-7/)rdd V bb' I r"07,0.9 x d'1 o0s, (lo d"oI i+�i a.. . �.i � I � J JV Aj!O :)'7 (0h I a3AIDI'd ' Zfi �I a5 • b zs � N S landscape architects . planning consultants 301 college street . burlington • vermont 05401 phone (802) 658-3555 fax (802) 863-1562 October 23,1992 William Burgess, Chair South Burlington Planning Commission c/o Joe Weith 575 Dorset Street South Burlington, VT 05403 Dear Bill, Aithough 1 was aisappo:nted In the near unanlInous conSciesuv Oil tiiailitailllieg tier: current subdivision standards, I do want to convey our thanks to the Commission and the city employees who took the time to consider the issue. It is obvious that there is a loyalty to longtime city employees and concepts that in some cases are outmoded. I hope that the commission will continue to question the "standards" and look to qualified references such as the "streets" book and individu- als who have a different perspective on how our residential areas are planned and maintained. As I understand, the Commission is planning on revisions to the subdivision regu- lations in the near future. It is important that some provision in street design al- lows for, even encourages, less costly development that supports the affordable housing intent of the town plan. It is important that there be flexibility in standards and design to meet unique site conditions as well as social -economic differences in neighborhoods. The State AOT standards reflect rural and suburban conditions as well as "urban standards. "Urban standards" for the remote portions of the S.E. quadrant, especially where they have site imitations like the Wessel site, seems in- appropriate. The new Westview development just over the line in Shelburne is a gout-1-txa-atple- tilal uzher Coiik n L_-lAieS fac"aib �l%ii:� dl u�.'lc uC vim. iJ�: ii«i�i j rCb ill Cj provide for flexibility in their planning and engineering standards. Again, thank you and the other participants for taking the time to hear our sugges- tions and provide rebuttal. Sincerely yours, frenceJ. oyle cc: Cares Elafter Bill Wessel