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HomeMy WebLinkAboutBATCH - Supplemental - 0142 West Twin Oaks Terrace (3)STATE OF VERMONT CHITTENDEN COUNTY, SS. IN RE: Application For Permit Burlington Indoor Tennis Center, Inc. Recreation -Tennis Courts -Swimming Pool Burlington, Vermont a .4 APPLICATION NO. 4C007 Application to District 4 Environmental Commission August 22, 1972 NOTICE OF APPEARANCE Please enter the appearance of the Agency of Environmental Conservation, State of Vermont, as a party in the above matter. STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION Y Robert B. Williams Secretary CERTIFICATE OF SERVICE I hereby certify that a copy of the above Notice of Appearance was sent by U. S. Mail (Postage Prepaid) to: 1. Burlington Indoor Tennis Center, Inc. % Norman H. Myers, Box 906, 30 Elmwood Avenue, Burlington, Vermont 2. Brian Lloyd, Environmental Coordinator, o Chittenden County Regional Planning Commission, Richmond, Vermont 05477 3. The City of South Burlington, 1175 Williston Road, So. Burlington, Vt. 4. The City of South Burlington Planning Commission, 1175 Williston Road, South Burlington, Vermont 5. Chittenden Regional Planning Commission, 58 Pearl Street, Essex Junction, Vermont Dated at Montpelier, in the County of Washington and State of Vermont this 22 day of August A.D., 197 2 + ryt�1� STATE OF VERMONT I,.1llr AGENCY OI' ENVIRONMENTAL CONSERVATION ,\r; R'S OFFIr By Robert B. Williams Secretary b. (,Fc)rrr,, fox ncw6paper notice and town clerk) VERMONT DISTRICT ENVIRONMENTAL Cbt*IISSION Land Use Permit Application Pursuant to 10 VSA Section 6084, notice is hereby made of an application for a permit for a Development or Subdivision to the District Environmental Covunission. Burlington Indoor Tennis Center, Inc. W­,e, and address of applicant —Norman H. Myers,, President 90 30 Elmwool Ave. Burlington, Vermont Location and nature of the proposed project (if subdivision, the number of lots) Kennedy Drive - Southside and 1300' East of Dorset So. Burlington Recreation - Tennis Courts & Swimming Pool Location of District Environmental commission where application filed Chittenden-Addison Regional Planning Commission Richmond, Vermont Date of filing 8/9 / 72 Under 10 VSA Chapter 151, Adjoining Property owners to the proposed Devel opment or Subdivision have 15 days from publication of this notice to request a hearing on the application with the District Environmental. commission involved. F 'A • 0 SOUTIi BURLINGTON PLANNING COMMISSION MEETING J=e 27, 1972 The South Burlington Planning Commission held a regular meeting in the Conference Room of the City Hall on Williston Road on Tuesday, June 27, 1972 at 7:30 P.M. Douglas Tudhope presided as Chairman, in the absence of Vice —Chairman Lamphere. 1E,1BERS PRESENT MEMBERS ABSENT Douglas Tudhope James Lamphere Mary Barbara Maher Dr. Harold Bro wn, Jr. Arthur Bailby Hugh Marvin OTHERS PRESENT William J. Szymanski, City Manager Richard Ward, Zoning Administrator William Robenstein, Mill Ave. So. Burl. Clark H. B ensen, Spear St. So. Burl. David Boulanger, Oak Hill Dr. " " Sidney Poger, Victoria Dr. Stan Shefler, Stowe, Vermont Karin Larson, Oak Hill Dr., So. Burl. Norman Myer, Burlington, John J. McDonald, Burlington Ray Unsworth, So. Burl. Barbara Bull, Chairman Natural Resources Comm. Robert and Julia Lang, Yandow Dr. Gene Kassaraba, Imperial Dr. Lo u Calarco, Laurel Hill Dr. Joel Hunter, Yandow Drive Birgit Friday) Andy Deeds ) .Air north — S.D. TV Michael Lawrence, South Willard St., Burlington Donald Dooley, 20 Laurel Hill. Dr. Kay Neubert, Elsom Parkway Fred Boyles, Burlington Free Press Angelo Pizzagalli, Spear St. Charlotte C. Marsh Dorothy E. Guilford, Secretary I aINTES OF JUNE 131972 Mr. Tudhope asked if there were any additions or corrections to,the Minutes of June 13, 1972. Mrs. Maher noted the name of Hugh Marvin should be added to the list of "Members Present" on page 1. Dr. Down referred to Page g, last line, and noted the following should be SOUTH RJRLINGTON PLANNING COM1IISSION MEETING - 2 - June 27, 1972 added after the word "landscaping". "and they would supply the city with a copy of the contract." Mrs. ILgher moved that the Minutes of June 13, 1972 be approved as amended. Mr. Bailey seconded the motion. It was approved unanimously. r Rr0InAI,dIZATION MEETING - ELECTION OF CIIAIRNiAN - VICE-CIiAIRMAN AND CLERK This item was postponed until the next meeting on July 11, when Mr. Lamphere will be present. DISCUSS PROPOSED FOOT -PATHS - MESS. BARBARA BULL - NATURAL FcLZOURCES COI�fITTEE Mrs. Bull outlined the proposed pedestrian and cross-country ski trail on a map of the city. Trail would be about 4 miles long, beginning east end of Kennedy Drive,follow Potash Dro ok to Hinesburg Road, down Dorset to the Interstate, cutting across to University land, then through East Woods, following the gulleys through Brewer Parkway. In the Yandow development it will depend upon what happens to that property, she said. The trail ends at a point southerly where Shelburne has indicated they will have a trail system. Mrs. Bull said she understands the City Manager or City Attorney would make contact with the owners of the properties re- garding necessary easements. The University of Vermont has already given parmidsion in writing to use the East Woods. There has been a problem in getting across the interstate but it is hopwed to get through the culverts eventually. Mrs. Bull stated her committee has had an expression from the Council that the city would assume,liabi- lity. Mrs. Bull said her committee would like a general acceptance of the route and of the plan by the Planning Commission, with a recommendation of approval to the City Council. Mr. Szymanski asked Mrs. Bull if the committee had considered a route along Muddy Brook. She indicated this is proposed but have not appointed a sub -committee to investigate this as yet. Much of the study has been done by sub -committees, made up of people who live in or near the areas in question, and familiar with the terrain. It is es- timated about $'500 would be spent for signs. There are about 10 owners involved. SOUTH BURhINGTON PLANNING COA 4ISSION =NG - 3- June 27, 1972 11r. Marvin asked if the trail would affect any future roads to be built. The City lianager said he sees no conflict. 1Ir. Szymanski asked sirs. Bull if she foresee's any construction work on any of the trails proposed. Mrs. Bull said there would only be very crude thinGs to be done, nothing major and this would be done by the Natural Resources Committee and Scouts, who would also have the responsibility of keeping the trails litter -free. Donald Dooley, 20 Laurel Bill Drive, asked what kind of protection will be given homeowners against vandalism and other problems which might arise, through use of these trails. lie said he wants full protection and would like to have a report of vandalism in South Burlington, showing how much of the material stolen is returned or replaced. Mrs. ilaher pointed out that the trails proposed would only go on property of owners who give their approval. Robert Lang, 15 Yandow Drive wanted to know if the Natural Resources Committee is recommending the use of these trails by trail -bikes or snow mobiles. Mrs. Bull ex- plained this is a pedestrian trail. Mr. Lang stated trail -bikes and snow -mobiles use the woods and open space in the rear of his property and he is most concerned about litter and the presence of these vehicles in his area. Mrs. Bull said her committee has recently met with the Snow -mobile Club and they are not interested in these trails, but pointed out that these are a different type of person than those who break the law. Discussion followed on how these machines are brought into the area. Mr. Bailey said he was certain the snow -mobiles and trail -bikes are coming from the neighborhoods in the area. Mrs. Bull told the Commission there will be a meeting Thursday morning with the owners of trail -bikes and, hopefully, with their parents in an attempt to solve the problem. Dr. Brown noted the Council has discussed this same problem and have appointed a man to the Recreation Committee representing the group interested in trails for motorized vehicles, in an attempt to come up with a solution to the problem. SOUTH BURLINGTON PLANNING COMSSION M1.MING - Q - June 27, 1972 "If we do not provide them with a way to get out of town, perhaps we do not have such a big complaint," he added. firs. Bull said one report has been made by the committee studying the mini -bike problem and they are still working on a solution. u Mr. Robenstein offered to help the Natural Resources Committee in description of the areas along the trails which 1xs. Dull indicated would be obtained from maps, photographs, etc. Mr. Marvin made the ob servation that snowmobiles run all winter through Farrell Park and could easily connect with trails proposed by the Natural Resources Committee. Airs. Bull agreed but said that is why the committee is working on a place for motorized vehicles. Their feeling is that if a place is provided for them it will be easier to enforce the restriction of motorized vehicles on the pedestrian trails. 1,1r. Dooley persisted in his opposition to the pedestrian trails, claiming there will be problems once the land is opened. Mr. Michael Lawrence and Mrs. Larson stated they felt Mrs. Dull's presentation indicated attempts are being made to solve some of the problems which could develop, by working with motorized vehicle groups, by assuming the responsibility for littering, etc. Kr. Tudhope thanked Mrs. Bull and her committee for the fine work they have done and stated the concerns of the citizens would be taken to the City Council. Mr. Marvin moved that the Planninr, Commission take the report of the Eatural Resources Committee under adyisemgnt for further study, Mr. Bailey seconded the motion. During discussion following the motion, Mrs. Maher asked 1,irs. Bull if she would prefer a posi- tive recommendation this evening from the Commission so she could go back to the Council. A'ss. Bull said it would not be required this evening; the Council and the Natural Re- sources Committee wanted the Planning Commission to have the information she furnished tonight so that they would be aware of the route of the trails. A vote on the motion was called. Approval was unanimous. SOUTH BURLINGTON PLANNING COMMISSION MEETING - - Z - June 27, 1972 RLVILU REQUEST OF WILLIAM ROM- ;STEIN - WAIVER SUBDIVISION APPLICATION ON MYERS PROpEFi,TY DORSET STREET Mr. Robenstein told the Commission he purchased an acre of land from Mr. hers on Dorset Street in February,.1969 to build a. home. According to subdivision regulations, upon the third application for a building permit on a.tract of land, the request must noted be considered a subdivision. However, Mr. Robenstein/three parcels ware purchased which violated subdivision regulations. The Methodist Church, Church of Latter Day Saints and Carmellite Nuns all purchased land in this tract. Twenty-five acres changed hands from the Carmellite Nuns to CBC Realty, who had a, public hearing under Planned District. A warning was written up to exem pt the two churches, Mr. Robenstein said. He is requesting permission to build a home on his lot; he feels the -subdivision re.gu- lations are poorly written and unenforceable. Mr. Bailey asked Mr. Ward for his comments. Mr. Ward noted that subdivision regulations require the Planning Commission's approval of a subdivision plan upon the third applica- tion for a building permit; Mr. Robenstein happens to be the third application and sub- division regulations would have to be amended to allow his request, he said. Legally, Mr. Robenstein should not be the one to present the subdivision plan - - this should be presented by Mr. Myers, who owns the property being subdivided, according to Mr. Ward. Mr. Robenstein, however, indicated Mr. Myers would not submit a subdivision plan since he is only selling the land to help pay the taaoas on it. Mr. Szymanski, City Manager, asked Mr. Robenstein how many more parcels of the tract owned by Mr. IZyers are left. He was told there are two other lots. Mr. Tudhope called for a recess at this; point for discussion by the Commission. The meeting was reconvened at 8:30 after a fifteen minute recess. A motion was made by Mr. Bailey that the Planning Commission regretfully turn down Mrs_ Robenstein's request. Mr. Marvin seconded the motion. SOUTH BUIMIP GTON PLANNING 00111ISS70N I =TIIIG - 6 - June 27, 1972 During discussion following the motion Mr. Bailey said Mr. Robenstoin is "the goat for something he has no control over" and felt our regulations,"while they are all we have and we must uphold them" could stand some revision and clarification. Mr. Tudhope commented that he would like to have Mr. Myer come to toe Commission with a subdivision plan. Mrs. Maher asked if the Commission would then consider 11r. Robonstoin's request. Mr. Tudhope said he would think so. A vote on the motion was called. Approval was unanimous. UNIVERSITY MILL DISCUSSION - ARM PROPERTIES - GEORGE KIIOURI Mr. Ward recommended that this item be deleted from the agenda, since Mr. Khouri was not present. &-IISS C1iOCOLATE POT - APPROVAL OF SITE PLAN Mr. Ward explained that this request was approved at the last meeting of the Commission except for parking. Mr. Shefler,has agreed to the city's recommendations for parking which will be in the rear of the restaurant. The garage is to be moved and the drive- way widened to within 5 feet of the property line's southern boundary (Allard property). Garage will be immediately adjacent to the house. Mrs. Maher commented that she would like to see the existing trees remain. She called attention to one very large apple tree in the rear of the property which she would like very much to be kept. Kr. Shefler said it is his intent that no large trees shall be removed. 1,Irs. Arlene Krapcho asked the Commission if access to the rear of the proper- ty is of concern at this time. She was told they are only concerned at this time with the portion presently being developed within the commercial zone. Mr. Szymanski, City Manager, observed the slope to the parking lot and said he would like to see inlets installed and storm sewer to carry down to Shelburne Road. Because of the blacktop paving there will be a faster run-off, he said. This storm drain system should be installed before any construction, according to Mr. Szymanski. Mr. ghoflor said he had intended to allow the parking area to settle before paving but 11r. 'Bard noted our subdivion regulations state the parking areas must be hard surface. 6 �T.v.�'1 �"" __ mM....-.. ^EeV..., .u..sY.+;,_Ji :..:. Y» :« ...... o-. ,... _..crra yuruc ..:.'w:+.:sa�.w.> rr+i� .•� „u 4.: �.a�_..1�_....a...... i �.' ... ..,.. SOUTiG BURLINGTON PLANNING COMMISSION = s NG 7 - June 27, 1972 Mr. Shefler stated he is considering outdoor tapes for serving food but state regu^ lations are becoming very strict and he is not certain whether or not he can meet all these regulations. However, he intends to keep the grounds and gardens in their present state and retain as many trees as are possible. f 11r. Lou Calarco, representing Mr. Church, whose property also adjoins Mr. Sheller's, wanted to know if the parcel owned by Mr. Church would be affected in any way which would make it difficult to get zoning approval, should the Commission approve Mr. Shef- ler's request. He also said he would like to see a stkyuaation requiring a high hedge between the Shefler and the Church properties. Mr. Szymanski said drainage requirements being requested will not interfere with separate lots. 11r. Kasseraba, Imperial Drive noted the fact that water -is a problem in the rear of the property in question. He also wanted to kno%4 if a hedge or screen is being erected. Mr. Sheffer said he would adhere to existing regulations. Terrence Boyle commented that right-angle parking is more efficient and would allow a hedge to be placed at the property line. N1r. Shefler again agreed to comply. Mrs. Maher moved that the P�anninp- CommissioxL_AcGept Mr. Shefler Is revised building and landscan inrr plan for the Swiss Chocolate Pot on Shelburne Road, with the under - ,Standing that the ptorm drain system be installeO to meet the approval of the City Manaper and that no trees be removed without the approval of the City Manarrer and further, that a suitable buffer separate Ih-, Shefler's and Mr. Church's properties 1,1r. Bailey seconded the motion. Approval was unanimous. Mrs. Maher thanked Mr. Shefler for his patience. REVIE6l PROPOSAL ON KEI MY DRIVE FOR CONSTRUCTION OF TENNIS COURTS AND CLUB 11R, UNSWORTH AND MR, 110I311AN MYERS , .Terrence Boyle, representing Mr. Unsworth and Mr. Myers, presented a site plan and soil map . Property is a 40-acre parcel, g acres of which would be used for indoor tennis courts (four) which would be enclosed in a metal structure similar to the one on Dorset Street. There would also be 2 sets of outdoor courts which would be en- closed five months a year with inflatable structures. ..�. ,+v s _.. __ ...,-...,: .:...._.. e... _:.wr;•iti.wu.r�r„r .......;,•w.rw.:L.,a...... 1..- r.. � . .�: . _ .�LrEsy. ,.. ' ._.� _ _�-_ _. -. yJ.�.:ri SOUTH PURLING= PLANNING COH4ISSION P r,TING - 8 - June 27, 1972 Mir. Boyle noted he is showing a "super -block" t6 indicate how this facility will fit into the whole area., as requested by Dr. Kent, Planning Consultant. The plan for the 40 acres is schematic, he said, and he feels there is a place for tennis courts to serve the "super -block". Later a swimming pool might be ajdad. Proposed density of this property is 10 units per acre. The area, between the transmission lines and the Interstate is not suitable for development since there are steep slopes and - a marsh area as well. Mr. Ward, in his memorandum of June 26, 1972, notes the area in question is zoned Residential District C to a depth of 500 feet and Industrial District A to the Inter- state. The proposed use is not allowed, places of indoor amusement are allowed in Business District A. Application for a zone change or a, use variance would be re- quired from the Zoning Board of Adjustment. Proposed uses such as housing, town center, pool cannot be considered at this time, according to Mr. Ward. Mfrs..Maher stated that, in her opinion, the proposal being made for the 8 acres in question requires a.zone change and zone changes are the prerogative of the City Council; therefore, she believes the developer should go before the Council. She also felt it would be wise to ask the City Council to request Dr. Kent's opinion on this plan. Mr. Ward stated the Planning Commission has been reviewing all commercial proposals and he th ink; there is no need of going before the Zoning Board if the Planning Commission does not acknowledge the proposal. Mrs. Mbher felt the Commission is being requested to consider a. major change on what should go into this area. Mfr. Bliley noted the fact that Mfrs. Maher, at the last meeting of the Planning Commission, had indicated Dr. Kent felt this request was not the proper use of the land. Mrs. Maher replied that Dr. Kent had stated there should be a total plan and the approval of spot plans should be stopped. Mfr. Tudhope asked what the inflatable structures would look like. Pictures of the SOUTH MIRLINGTON PLANNING 0011MISSION METING 9 - June 27, 1972 structures were shown. Mr. Hugh Marvin asked what will happen to the rest of the 40 acres. Mr. Boyle re- plied that the balance of the property could be developed in the density of the pro- posed zoning ordinance, taking into consideration the terrain, marshes, etc, Rr. I-Lirvin asked Mr. Boyle how he thought residential property would sell which would be built near a metal building. He noted it would, in his opinion, affect the type of residential buildings which might be built. Mr. Boyle felt they could be made compatible. Dr. Drown agreed with Mr. Marvin, adding he is not happy with the existing building housing the tennis courts on Dorset Street and feels there could be better -building design. He sees many good .things about the proposal, since the city does not have facilities for adult recreation, but questions the use of metal buildings, as proposed in this instance. Mr. Boyle noted he:is asking for approval of the concept only. Mr. Tudhope raised the question of sewage and drainage. Mr. Boyle stated a well will be driven and there will be an on -site sewage disposal system, since it is not reason- able to go to the city facilities for this development. Mrs. Arlene Krapcho, South Burlington League of Women Voters' President, asked if the Council agrees to this request, would the pro posal come back to the Planning Commission for review under subdivision regulations. Mr. Tudhope said it would. Dirs. Krapcho also asked if the Planning Commission figures density -on the gross amount` of land. Mr. Tudhope said density was not figured on the gross amount of land, 'Ms. Lang, Yandow Drive, wanted to know how many people were expected to use the faci- lity, Mr. Ayers estimated 24 cars would be parked at one time, and operation of the .tennis facilities would terminate at 11 P.M. P-1r. Lang questioned the use of ** an on -site sewage disposal system for a facility of the size being proposed. Mr. Tudhope noted this would require state approval. Mrs. Maher commented that she drives by this area three or four times a'day and she finds it hard to agree that the structures would not be too visible from the street. SOUTIi DIJRLINGTON PLA1\11TING COM1 I SSION MP: , ING - 10. - June 27, 1972 Mrs. Guilford said she thinks the "bubble" covoring over the pool at the Sheraton is extremely ugly and urged the Commission to consider the visual impact of these inflatable covers over the tennis courts proposed by the developer. Mr. Szymanski pointed out to Mr. Doyle that the sewer is not that far away from the site in,question, it comes down Kennedy Drive beyond the entrance to the High School. Mr. Tudhope called a brief recess for discussion by the Commission. The meeting was reconvened at 10 P.M. after a 20 minute recess. Dr. Drown moved that the Planning Commission. -accept the general usage proposed but _ with consideration and (luostion ns to the outcome of sewage. water and building, designs involved here Mr. Marvin seconded the motion. During discussion, Mr. Dailey commented "we are approving a concept where there may be housing, shops, adult recreational facilities and we are concerned that steel buildings have a reputation of not being compatible with residential areas and that the developers give consideration to this." Mr. Tudhope commented that bubbles which can be viewed from the throughway will be �r of great concern when coming before the Commission. A vote on the motion was called. Result: 4 in favor - 1 opposed (lens, Maher. Mrs. P:aher requested the record to show that she questions the advisability of this land use on Kennedy Drive and in partioular'.periously questions the advisability of allowing the construction of an indoor tennis court building here. SITE PLAIT REVIEW WEIGHT WATCHERS OF BURLINGTON - QUEEN CITY PARK ROAD NE -AR, IURLIIIGTON PLAZA ENTRAITCE - MR.ROLAND WHITTIER Mr. Ward presented a. site plan showing offices and a lecture room for Weight Watchers. I -Jr. Roland Whittier, architect, was asked if there wo uld be adequate parking for the 150 people assumed to make use of the facility proposed. Mr. Whittier stated it was planned to take advantage of the parking area in the Burlington Plaza.. SOUTH BUK, NGTON PLANNING 001-SUSSION M L,TING LL — Juno 27, 1972 Mrs. Maher questioned the use of someone else's parking lot for his business. Mr. Tud — hope said Mrs. Maher raises a serious question. Iie also said the Commission would want to see any agreements made, if any, in this respect, and that they should be written agroements. f Mrs. 11aher asked the City Manager if he sees any traffic problems. Mr. Szymanski asked Mr. Whittier what the distance is from the intersection to Shelburne Street and the building. Mr. Whittier said it is 135 feet. Mi% Szymansky stated he would be afraid of stacking cars because of this short distance and suggested reversing the parking lot to where the building is. 1Ir. Wh ittier told the Commission the lot measures 125 feet from north to'south and 250 feet from east to west. Front yard setback requirements are 25 feet but this sets back 30 feet. Regarding Mr. Szymanski's suggestion that the parking lot be reversed to where the building is, Mr. Whittier said this could be done but he thought it would be less aesthetic. 11r. Tudhope raised a question of the building being constructed on the other side of the entrance to Burlington Plaza from Queen City Park Rca d and asked why this never came before the Planning Commission. 11r. Ward told him the permit was granted prior to the Commission's procedure for change. Mrs. Maher suggested the Commission ask the owners of Weight Watchers building to get in touch with the owners of Burlington Plaza to determine whether they will give permission for use of their parking lot. Mr. Marvin commented that, in his opinion, it would be much better for the entrance of the proposed building to be anyplace other than Queen City Park Road. Mrs. Maher moved that action be deferred on plan of Weight Watchers of Burlington until the developers have had an opportunity to revise the parking plan to provide gitable Parking that is agreed upon. Mr. Bailey seconded the motion. During dis— cussion Mr. B ailey stated he thinks one of the reasons we have a "sea of asphalt" is SOUTIi T3URLINGTON PLANNING COT,T.IISSIOPT 17ETING - 12 - June 27, 1972 because of our parking restrictions. A vote on the motion was called. It was approved unanimously. Addition,-, to the Af onda On a motion duly moved, seconded and unanimously approved, the following items were added to the agenda: Investors Corp. of Vermont - Landscaping Plan Discussion of Tleeting with Laurel Hill and Laurel Hill South Residents Re: Potter (Yandow) Development ITYESTORS CORPORATION OF VLIZIONT LANDSCAPING PLAN - (DORSET STREET ) Mr. Ward explained this item had been tabled at the last meeting of the Commission on June 13. �Ir. Richard Weinman showed three site plans with different ideas on landscaping. He said landscaping will conform to the 1'ro requirement. The Commission studied the three plans. A motion was made by Mr. Bailey that the Planning Cor:, ,i ssion accent Drawing lA as far as landscaping of the border area is concerned on the north side of the narking lot and that the -plan include existing plantinl7s in the parking - area. Mrs. Maher seconded the motion. It was approved unanimously. LAUREL ITILL AND LAUIUM HILL SOUTH RESID?IdTS - RE: POTTER DT PTI IiT rlr. Joel Hunter, Yandow Drive, representing residents of Laurel Hill and Laurel Hill South, requested the Commission to meet with his group to discuss the Potter Develop- ment.. Mr. Lamphere had previously told a representative of the group that a few mem- bers of that group might meet with the Commission on Thursday evening, June 29. It was later learned that the Commission was holding a work session with Dr. Kent to discuss this development on Friday at 4 o'clock. Attempts to contact Mr. Lamphere about the meeting on Thursday evening were unsuccessful because he was out of town. After discussion, the Commission agreed to meet with the residents on Wednesday, July 5 at Central School at 8:30 P.M. Terrence Boyle took exception to the Commission meeting privately with the group of residents, stating he felt it unfair to the developer and asked that the same privil- SOUTIT I3MTITGTOIT PIS NTUNG COIZITSSION IT 33TING — 13 — June 27, 1972 ego be given to the developer. Mrs. Guilford stated she had attended the meeting hold by Laurel IIill residents on Monday evening and there was no intont to exclude anyone from the meeting with the Planning Commission. In fact, it was suggostod at that meeting that rnotice of the meeting with the Planning Commission on Thursday evening be givon to the news media, so that anyone interested might attend. It was pointed out by a member of the commission that perhaps meeting with one group of residents could set a precedont,rosulting in requests by other groups for separate meetings. It was noted that I,s. Boyle would represent the developer at the first part of the work session on Friday afternoon. Robert Lang, Yandow Drive, asked if the work session on Priday is closed to any resident of South Durlington, Since the developer, repre— sented by I,Ir. Boyle, is being allowed to come to the work session, he felt it unfair not to allow the taxpayers the same courtesy. Donald Dooley, Laurel Hill Drive, had the same opinion and strongly objected to the Conunission's not allowing him to attend. IIr. Hunter asked if the counsel for the group of rosidents, Joseph Frank, might be allowed to attend the work session. He also indicated that the rosidents would like to attend. A recess was declared for deliberation by the Board. The meeting was reconvened after s 20 minute recess. It was announced that the Commission would not hold the public meeting on Wednesday evening, July 5, as agreed upon earlier this evening. A motion was made by Mr. Bailey that the Plan ninLI Commission consider this roouest of Laurel Hill and Laurel Hill South residents at their next refular mectin!� on ° July 11 at 7.30 P.M,that it be the only item on the agenda and that the attorney for SOUTH RIMINGTON PLANNING COMMISSION 1-T;PTIRTG — 14 — June 27, 1972 the aoup be allowed to attend the work session. Mr. Marvin seconded the motion. Discussion followed on the motion. Mrs. Daher said she feels very strongly that there should be a separate public meeting to provide the residents the opportunity to be heard and she felt itf should be held next week. Mr. Bailey made the observation that "people always get hot when it's on their oWn street." lie also wants it made clear, he said, that the meeting with the developer will be before the work session. A vote on the motion was called. Three were in favor of the motion. Two opposed — — (Mrs. 2yaher and 11r. Tudhope) . Mrs. Mahar requested that the record show that her reason for voting agginst the motion is because she feels the Planning Commission should be willing to hold a separate public hearing on this request of the residen ts; however, she does not object to that part of the motion which will allow Attorney Frank to come to the Work Session, in fact she would not object if other people from the area wish to come to the first part of the work session. GT:mR PUSIN? SS Consideration of contract with Dr. Kant for updating "Sketch 1,aster Plan." Mrs. Maher moved that the Planning Commission approve the contract submitted to the City by Dr. Kent which calls for an updating "Sketch Master Plan" and additional work as outlined in his proposal of June 21, 1972 with a, target date for completion of July 31, 1972 at a cost of ti�1,780.00 111r. Bailey seconded the motion. A vote on the motion was called. Four were in favor of the motion. One abstained (I-Ir. Marvin) since he was a now member of the ommission and not familiar with the proposal. iiiCii7C�#ic Ordinance on all proposed commercial development requiring Planning Commission approval. 11rs. Maher moved that..the Planning Commission request the City Council to have the City Attorney draw up an ordinance for their approval which would make it mandatory SOUTII BURLIMTON PIMMING COMt,ISSION MEETING 1.5 — June 27, 1972 for all proposed commercial development to come to the Planning Commission f approval. Mr. Bailey seconded the motion. It was unanimously approved. A motion was made by Dr. Brown to adjourn the meeting. Mrs. Maher seconded the motion. Approval was MMMIDUS; r The meeting was adjourned at 11:30 P.M. —dg Approved 6 r 1F{VRP U1111 `TO September 14, 1972 :sir. James A. Lamphere, Chairman, Planning Commission City Hall South Burlington, Verriont Dear Jim: As you know from our conversation, the quotes for the Indoor- Cutdoor Tennis complex on Kennedy Drive came in at such an astronomical figure that we are having to phase in parts of the project. First, we will go after the road and utilities, parking lot and indoor courts. In talking with William Szymanski, he suggested I write you and the board this letter to save time all around. We would request that the sidevralk coming in beside the -co-be-built city street off K:a:r"-,r' Drive ,be', built when the rest of the property is sold and developed for apartments. There is not a single person that I can recall that ever walked to the Tennis Center. Especially in this location, people vrill have cars as a necessity. We would be glad to go on record with another letter or place a bond if necessary that this sidewalk would be built as outlined above, but this would greatly help in our plans to get this project off the ground. Thank you very much for your cooperation. Sincerely, Norman H. Myers, President N HY.1e1s ,-/-:_,'rY7- '�:,: .:' At ZA17 Rf. 8,9 Cloyar Leaf d Burlington, Yuzrjjoa1 - Sox 090 - T 1. (802) i STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION RE: ) District Environmental Commission } Burlington Indoor Tennis Center, Inc.) Application No. 400075 Recreation -Tennis Courts -Swimming Pool Burlington, Vermont ) District No. 4 ) Date: August 22, 1972 AGENCY PRE -NEARING STATEMENT A14D REQUEST FOR NEARING A. Agency Comments and Recommendation: No Special Comments / XX / 1. The location of this project adjacent to the interstate highway makes an adequate landscaping plan Imperative. Such a plan should be prepared in consultation with the Environmental Advisor and be made binding on the applicant B. Recommended Permit Conditions: C, The Agency :ri 1be represented rt a hearing on thc. above matt3r, 0 2 D. The following Agencies have indicated that they will file comments or will appear at hearings with respect to the above matterr E. The application is subject to the following reviews and authorization: REQUIRED PENDING APPROVED 1. Public Building Permit Subdivision Permit Agency of Environmental Conservation Division of Environmental Protection 2. Discharge Permit - Water Pollution Control Agency of Environmental Conservation Department of Water Resources 3. Other F. The above application has been noted by the following: OR - No Review; RNC - Reviewed, No Comment; AP - See Agency Position or Attached Comment) 1. Agency of Environmental Conservation Department of Water Resources Department of Forests & Parks Department of Fish & Game Division of Environmental Protection 2. Department of Highways 3. Department of Health 4. Agency of Development s Community Affairs 5. USDA, Soil Conservation Service 6. Other NR I^1 RNC [ I AP NR 1 R1.0 Tom! AP I._ ( NR RNC AP l�l NR ( s l RNC n AP NR RNC I D AP NR n RNC 1 AP NR RNC �_) AP (!] NR )_ _I RNC AP ED NR fl RNC ! AP � ^ '- ~3�. G. Notations: ' Dated \ Respectfully Submitted, AGE NCY OF EMIRONMENTAL CONSERVATION By Schuyler Jackson, Assistant Secretary .r a; = State of Vermu" G. AGENCY OF ENVIRONMENTAL CONSERVATION ROBERT B. WILLIAMS, Secretary Department of Fish and Game Department of Forests and Parks Department of Water Resources Environmental Hoard Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council August 8, 1972 Mr. Jonathan Bump Division Environmental Protection Agency of Environmental Conservation Montpelier, Vermont 05602 Dear Jon: DEPARTMENT OF FORESTS AND PARKS Essex Junction, Vermont 0545re This letter will serve as a pre -application report concerning the Burlington Indoor Tennis Center c/o Norman Myers. This 40 acre tract of land lies about midway between Dorset Street and Hinesburg Rd., bounded on the north by Kennedy Drive and extending south nearly to Interstate 69 in the city of South Burlington. The owner intends to develop 13 acres and sell the remainder, the northern part, of which, would be undevelopable due to swamp and steep slopes. The 13 acre site is principally open pasture land with a wooded slope to the north. The soil type is Hinesburg fine sandy loam. The site is clearly visible from Ifiverstate 89 in the southerly and westerly quadrants. Development plans call for a 220' x 12' metal building with a. 401 ridge height. This building is to be located adjacent to the northerly wooded slope thus affording complete screening to the north and east. In addition, t`iere are to be two outdoor tennis court units consisting of 16 playing courts. V Mr. Jonathan Bump -2- August M, 1972 The final stage of development will consist of a swimrhing pool. I am working with Mr. Vincent Furno from the office of Terrence Boyle on a landscape plan. The entrance road is planned to meet Kennedy Drive slightly east of the Green Mountain Power ROW. A limited access situation exists due to adjacent property ownership and steep slopes. Therefore, a portion of the swamp is to be filled in order to provide access. This will also minimize tree removal which would otherwise be necessary. . Although this entrance would enter Kennedy Drive on a long tangent I feel the situation should be reviewed by the highway department. Water will be from a municipal source. Waste disposal will also be municipal, however, the applicant is to provide a lift and pumping station. I will enumerate in greater detail when the applicant's plans become finalized. Sincerely, William P. Hall Environmental Advisor WPH: j cc: Brian F. Lloyd Norman Hudson r' State of Vermonk.4 AGENCY OF ENVIRONMENTAL CONSERVATION Department of. Fish and Game Department of Forests and Parks Department of Water Resources Environmental Board Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council Mr. Jonathan Bump Division Environmental Protection Agency of Environmental Conservation Montpelier, Vermont 05602 Dear Jon: ROBERT B. WILLIAMS, Secretary =i`Ct0WXKX;0MdtTZ 6M DEPARTMENT OF FORESTS AND PARKS Essex Junction, Vt. 05452 August 21, 1972 A U G 22 1Q72 In regard to application number 4CO075 - Burlington Indoor Tennis Center, reference should be made to my pre -application letter of August 8th. All statements made in my letter remain unchanged. However, two discrepancies appear on the plan. The first concerns the metal building. It was indicated to me by Mr. Furno during our site inspection that this building would be located adjacant to the wooded area. However, the plan shows outdoor courts in place of the building and the building located further south and in a more exposed situation. In any event landscape screening will be of great importance due to the visual impact as viewed from Interstate 89. The second point involves the access road off Kennedy Drive. The present plan shows the road traversing the eastern side of the Green Mountain Power Company R.O.W. This is feasible and would retain a wooded edge of mature oak and is the best access to this particular ownership. Other possibilites are limited by topography. At the time of our field recon., it was pointed out that Green Mountain Power refused to give R.U.W. for this location. I did suggesst at that time that the location be shifted to the east thus necessitating considerable fill. This would also allow the road to cut through the wooded edge at a greater angle thus allowing a minimal swath through the edge. Either of these proposals would be satisfactory. Sincerely, /��--- William P. Hall Environmental Advisor WPH/p cc: Norman Hudson OFFICE OF THE COMMISSIONER i t STATE OF VERMONT DEPARTMENT OF HIGHWAYS MONTPELIER 05602 August 28, 1972 Donald 11. Webster, D i r ec-t or Agency of Env i r onrn&nta I Con .ervat i on Division of Env i ronr.c nta I P roi ect i on i,,tur,tpe-11or, Vermon-i 05f>02 NOTICL OF APPLICATION TO ENVIRONMENTAL DISTRICT Re ARR. #4v0075 _BurIinIndoor Tennis_Center, Inc. Dear, Mr. Websier: AUG 29 1972 Pursuant to the provisions of Act 250 of the 1970 Legislature, Environmental Board and District Commissions, the Department of Highways has reviewed the above -referenced Notice and offers the f 0 1 1 ow I ng • No adverse comment This agency may Have a program affected by this project l�X I and i nd i cal -es Interest as follows:-- Curb cut requires both a Department of Highways and Town of South Burlington access permit. Access*shouId be constructed in a manner to serve future development of this entire area, _reported to be in excess of 40 acres. An indication of the overall plan of future use of the entire area, to indicate that the single access will serve, is required for access approval. Attach. Sincerely, Gr Sion i CERTIFICATE OF SERVICE I hereby certify that a copy of the above PRE -HEARING STATEPIENT was sent by U.S. Mail (postage prepaid) to: 1. Burlington Indoor Tennis Center, Inc, % Norman H. Flyers, Box 906, 30 Elmwood Avenue, Burlington, Vermont 2, Brian Lloyd, Environmental Coordinator, % Chittenden County Regional Planning Commission, Richmond, Vermont 05477 3. The City of South Burlington, 1175 Williston Road, So. Burlington, Vt. 4, The City of South Burlington Planning Commission, 1175 Williston Road, South Burlington, Vermont 5. Chittenden Regional Planning Commission, 58 Pearl Street, Essex Junction Vermont Dated at Montpelier in the County of 1,4ashinaton and State of Vermont this 4e') day of t,� —i` 197 z STATE OF VER1,1.0111' AGEh1CY OF Ei1VI ROW4ENTAL CONSERVATION i By Jonathan Bumpy Administrator Land Use and Development n T.ugust 23, 1972 Mr. Brian Lloyd, Coordinator D --L s,- r i c t ' Environmental Commission Chittenden County Regional Planning Commission 53 Pearl Street Essex Junction, Vermont 05452 2, -Zo:. Burlington Indoor Tennis Center, Inc. Dear 11r. Lloyd The tennis center proposed for construction off Kennedy Dr-1.va in South Burlington is proposed to be connected to the City water and sewerage system. It will use an estimated 900 gpd of water and produce a similar quantity of sewage. This quantity of wa,.--er and sewage can more than adequately be handled by the existing City sewer and water systems with no undue hardship. Thank you for your consideration. Very truly yours, William J. Szymanski, City 11111anager & Lngincer V7Jo'-/h August 23, 1972 i3urlington Indoor Tennis Center 11. 0. Box 906 Burlington, Vermont 051+01 Attention: 1,1r. Norman 11, Myers Dear Sir: This is to inform. you that the South Burlington Planning Commission has given approval to your pro- posed tennis center on Kennedy Drive. They stipiLlated that a performance bond be ,posted for all utilities and landscaping and that 1within the landscape plan all white Dine trees be a minimum of ten (10) feet for proper screening. You will be required to record in the land records in the office of the City Clerk a copy of your final plan. If you have any questions, feel free to call me. Very tri..-�.ly, Richard Ward Zoning Administrative Officer X,4/jbp r r l Alt ENGINEERS INCORPORATED OF VERMONT P.O. 2187 SOUTH BURLINGTON, VERMONT 05401 August 18, 1972 Mr. William Szymanski, City Manager City Offices South Burlington, Vermont 05401 Re: Burlington Indoor Tennis Center, Inc. Dear Mr. Szymanski: • CONSULTANT ENGINEERS • SURVEYORS • CONSTRUCTION INSPECTION • AREA CODE 802 863-6389 The Burlington Indoor Tennis Center, Inc. is proposing to build new facilities on a portion of the former Brand farm off Kennedy Drive in South Burlington. As proposed in preliminary plans approved by the South Burlington Planning Commission, the developer proposes to use City water and sewerage facilities. The Indoor Tennis Center has made application to the District Environmental Commission for approval of their development. The Commission needs assurances from the City that the City's water and sewage facilities are capable of handling the increased load due to the construction of the facilities proposed. We are hoping that you will indicate to the District Environ- mental Commission in writing that the South Burl!ngton water and sewerage facilities are capable of handling the proposed development. Attached for your use is a rough draft of a letter which we expect you could write to the Commission. Thank you for your cooperation. Very truly yours, .,Ile � �' kwp/np Kenneth W. Pinkham, P.E. Project Engineer attachment cc: Mr. Norman Myers Mr. Terry Boyle August 18, 1972 Mr. Brian Lloyd, Coordinator District Environmental Commission Chittenden County Regional Planning Commission 58 Pearl Street Essex Junction, Vermont 05452 Re: Burlington Indoor Tennis Center, Inc. Dear Mr. Lloyd: The tennis center proposed for construction off Kennedy Drive in South Burlington is proposed to be connected to the City water and sewerage system. It will use an estimated 900 gpd of water and produce a similar quantity of sewage. This quantity of water and sewage can more than adequately be handled by the existing City sewer and water systems with no undue hardship. ws/np Thank you for your consideration. Very truly yours, William Szymanski, City Engineer xj :rWrIVE, , "' ''S OFFIC' BURLIN6TON INDOOR TENNIS CENTER July 6, 1972 Mr. Richard Ward Zoning Administrator City of South Burlington Offices 1175 Williston Road South Burlington, Vermont Dear Dick: Confirming our telephone conversation, please consider this letter an application for the Burlington Indodr Tennis Center Inc. to appear before the South Burlington Zoning Board Adjustment on July 19th for consideration of use variance. Will you please notify me the time and place of the meeting so that I may tell our people. Many thanks. Best regards, Dorman H. Myers, President E UM/ e l s r4_0303 Cw At the Rt. 89 Clover Leaf • Burlington, Vermont • Box 906 • Tel. (802) 8 Hearing Date Advt. Date Advertise 6 days prior to meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third `.•!ednesdays of the rionth at 7:30 p.m. at the ;south Purlington City Offices, Conference Room. The legal advertisement shall appeal as below, and I agree to pay, either now or before the ad appears, a fee of f:30.00, which fee is to off -set costs of holding said hearing. Signature and Address Date SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoning Board of :adjustment will hold a public hearing at the South Burlington City Offices, Confers n to m. 117e% Williston Road, ,3outh Burlington, Vermont on _ C�/, ay of at � � "'�to consider the e he follong: nth and date) time x�Appeal of� �,c� daoo �--�--H�� _ seeking a (name variance from Section 9,1v a /"o of the (number title of section South Burlington Zoning Ordinance. Request is for permission to --� ZONING B OAR D OF ADJUSTMENT y� 0 BURLIN6TON INDOOR TENNIS CENTER August 2, 1972 Mr. Richard Ward Zoning Administrator City of South Burlington City Hall Williston Road South Burlington, Vt. Dear Dick: Will you please be sure that Burlington Indoor Tennis Center is on the agenda of the Planning Commission for Tuesday, August 8. We will have the necessary material to you by noon Friday, August 4. I also expect to appear before the City Council Monday night, August 7th, when they will consider the action of the zoning board of adjustment on our matter. Best regards, a0 �r(-- C. Norman H. Myers, President G NHM/els Gt-) el /V fr! At the Rt. 89 Clover Leaf • Burlington, Vermont • Box 906 • Tel. (802) 862-2445 June 29, 1972 Mr. Raymond Unsworth 1001 Spear Street South Burlington, VT 05401 Dear Mr. Unsworth: Be advised that the South Burlington Planning Commission has given approval to the general concept of your proposal for tennis courts on Kennedy Drive on the former Brand homestead, with consideration to be given regarding sewer and water services and the design of the building. Because of the fact that this is an Industrial zoned district your proposed use is not allowed. You are now required to make application to the Zoning Board of Adjustment. This Foard will meet again on July 19th with a deadline for application on Monday, July 10th at 12 noon. If you have any questions, please call me at 863-2891. Very truly, Richard Yard Zoning Administrator RW/j