Loading...
HomeMy WebLinkAboutBATCH - Supplemental - 1001 Shelburne RoadRECOPQ co, Y 'k. E. c �, Le " b,7. cA P f " r. 7 OMEL, -�>t,4" �fti 9 ep-AvGt- &sc w06e /3LZ)G. Roe bR-4/N,466 • * 4a 6eqss-,42CA-9 ARWAit 8t,06 Wla 86 ZVr "OW60 ti Approved by resolution of the Planning Commission of the CRY- of South 2—ul-linutrm, rn Pip Of Date Applic6tion Completes and Received Dy By CITY OF SOUTH BURLIivGTON APPLI(-ATION FOR SITE PLAN REVIE1.4 1) rIAME, ADDRESS, AND PHONES NUI.13rUZ OF: (a) Omer of Record _ Antonio. B, Pomerleau, 69 College Street, Burlington, Vermont 05401 863-2841 (b) Applicant Sierra Construction Company, Inc., 217 Church Street, Burlington, Vermont 05401 658-4624 (c) Contact Person Frank von Turkovich 2) 3) PROjr.'CT PrOPOSM STRI3ET USE (S) ADDRESS Display U.S. Route (temporary) 7, of Shelburne Road model home. 4) SIZE OF PROJEC'C (i.e., of units, floor area, etc.) 26 X 48 Ranch 5) NTIMBER OF EMPLOYEES, (: ull & part time) one _ 6) COST ESTI1 ATES (a) Dlildings $1,000.00 (b) Lan6scapiriv $ 500.00 (c) All Other Site Is-nprovements (i.e., curb work) None =ESTIi UAT-'TJ PROJI�CT CO'-!PL ^.'PION DATE May 25, 1981 ESTIMATLM AVER=IGE DAILY TRAFFIC (in & out) 10 cars HOUR(S) OF OP-R-.,TION 9:00 a.m. - 6:00 p.m, 2 K DAYS OF O->-'RATION Fri., Sat., Sun. AjC,-- DATE S IC:�ATU.—tE OF ;PPLICAN-T December 11, 1981 '-� Attorney Joseph Jbuchowski Spokes, Foley & Obuc`. P.O. Box 986 Burlington, Vermont 05401 Dear Joe: Enclosed is a copy of a letter requesting a one year extension by Pair. von Turkovich. This was approved by the Planning Commission on December 8, 1.981. They stipulated that the escrow agreement be increased to fifteen hundred (1500) dollars, and expiration on December 1, 1982. I have returned the original three escrow agreements to Mr. von Turkovich with instructions on the amendments. Until the final agreements are signed, I suggest that we hold the letter of credit. I also informed Mr. von Turkovich that you were not doing this legal work and that we were not going to wait another six (6) months for the revised agreements. Any questions, don't hesitate to call. Very truly, Richard baard, Zoning Administrative Officer RW/mCg 1 Encl G December 9, 1981 Francis von Turkovich Sierra Construction Company 217 Church Street Burlington, Vermont 05401 Dear Frank, The Planninq_ Commission has voted to allow your mxiel home to remain for one more year at the Shelburne Road site. The bond must be renewed to cover that time period, and the bonding amount must be doubled. A copy of the motion of appmml is enclosed. Please call if you have any questions. DS/mcg 1 Encl Sincerely, David H. Spitz, City Planner I December 11, 1981 Sierra Construction 217 Church Street Burlington, Vermont 05401 Re: Nbdel home on Shelburne Road Dear Fran: On Tuesday, December 8, 1981 the Planning Commission approved your request for continuing operation of the model for one year. They stipulated that the escrow agreement be increased to fifteen hundred (1500) dollars and the permit will expire December 1, 1982. I am returning the original agreements, they should be amended and signed. Hopefully, this will be completed as soon as possible. If you have any questions please don't hesitate to call me. IN/Mcg 3 Encl Very truly, Rict;,Wd Ward, Zoning Administrative Officer RICHARD A. SPOKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL Sp®xEs, FOL]EY & 01BUcx®wsKI ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX S86 BURLINGTON, VERMONT 05402 December 1, 1981 Mr. Richard Ward South Burlington City Offices 575 Dorset Street South Burlington, Vermont 05401 Sierra Construction Dear Dick: (SOZ) 862-6451 (SO2) 863-2857 ISAAC N. P. STOKES COUNSEL Enclosed please find a letter which I recently received from the Chittenden Trust Company together with three copies of the escrow agreement concerning Sierra Construction. Would you kindly have Bill sign all three copies, and return two signed copies to me. After that I will give the bank two signed copies and return of the letter of credit. I intend to have the bank give one copy to von Turkovich. if you would prefer to do this, go ahead. Any questions or problems, please call. Very truly yours, Josej F. Obuchowski JFO/gmt Enclosures I M �Ielff/W?/ TILUST COMPAIgY November 27, 1981 I Mr. Joseph Obuchowski, Esq. Spokes, Foley and Obuchowski 184 South Winooski Avenue P. O. Box 986 Burlington, VT 05402 Dear Mr. Obuchowski: As you requested, I enclose the three executed copies of the escrow agreement for Sierra Construction. The City is, I believe, still holding our letter of credit to secure this transaction. Since it has been rejected, please ask the appropriate official to return it with a notation that it has been rejected and no claim will be made based on it. Thank you. Very truly yours, Christine C. Alexandrides �--- Law Clerk km Enclosures Two Burlington Square, Burlington, Vermont 05402 (802) 658-4000 One of the financial services of Chittenden Corporation 11 CONSTRUCTION 217 CHURCH ST. BURLINGTON, VT. 05401 802 658 4624 Mr., David Spitz City of South Burlington South Burlington, Vermont 05401 Reference: Model Home on Shelburne Road Dear David, P.O. BOX 3262 JEFFERSONVILLE, VT. 05464 November 24, 1981 Our permission to operate our model home on Shelburne Road between Burger King and No Place Like Sam"s Restaurants is set to expire on Dec- ember 1. We would like to request approval .for the continued operation of the model for one additional year. We regret having waited so long in approaching the Planning Commis- sion for this extension, but it is only recently that we have been able to get the matter of the landscaping escrow account resolved between the South Burlington City Attorney and the Chittenden Trust Company. We will cease to operate the model home on November 27, while we await the earliest possible opportunity to present our request to the Commission. Please let me know when we can appear and what sort of documentation, if any, will be needed. Thank you for your attention to this matter. Sincerely, SIERRA CONSTRUCTION COMP INC. Francis J. von Turkovich FJvT/ewc October 26, 1981 Attorney Joseph Obuchowski P.O. Box 986 Burlington, Vermont 05401 Re: Sierra Construction Dear Joe: 13ormally, the escrow agreement is retyped by the developer, in this case we typed it. The first agreement is not acceptable. DThe language in the first agreement was incorrect, the new agreement should be signed by Sierra Construction and the Chittenden Trust. All three copies should be signed and returned to us. We will return the copies to the bm* and developer after they are signed by Mr. Szymanski. Please remind Mr. Von Turkovich that the model home must be removed by December / 1, 1981. V If you have any questions don't hesitate to call me. Hopefully this will finalize this matter. Very truly, Richard Ward, Zoning Administrative Officer DW/mcg RICHARD A. SPOKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL � tOro ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURLINGTON, VERMONT 05402 October 23, 1981 Mr. Richard Ward South Burlington City Offices Dorset Street South Burlington, Vermont 05401 Sierra Construction Dear Dick: (802) 862-64S1 (802) 863-2857 ISAAC N. P. STOKES COUNSEL Enclosed please find copies of correspondence I re- ceived from the developer. They have taken our instructions quite literally. Even though the agreement is not complete, I am not inclined to require that it be properly redone. The only change that I would suggest is a reference in paragraph number one to appropriate site restoration. Please let me know your thoughts. If you agree with me, I will type in the addition that we agree upon, have the bank sign it, and return it to you for your signature making arrangements with von Turkovich to initial the change. Very tru yours, Joseph F. Obuchowski JFO/gmt Enclosure CONSTRUCTION 217 CHURCH ST. P.O. BOX 3262 BURUNGTON, VT 05401 JEFFERSONVILLE, Vi 05464 802 658 4624 October 19, 1981 Mr. Joseph Obuchowski Attorney for City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 Reference: Sierra Construction Company Model Home on Shelburne Road Dear Mr. Obuchowski, Enclosed please find a copy of the escrow agreement which South Burlington has required from us for the use on Shelburne Road. If it looks satisfactory to you, will you please forward a copy to Mr. Brownell at the Chittenden for his signature. Please call me if you have any questions. Cordially, SIERRA CONSTRUCTION COMPANY T7<t t iC_� c i- 71. Frank von Turkovich FJvT/mc Enclosure AGREEMENT THIS AGREEMENT, in triplicate, between (Applicant - Developer) hereinafter referred to as Developer, the City of South Burlington, hereinafter referred to as City, and Chittenden Trust Co. , hereinafter referred to as Bank. WITNESSETH: WHEREAS, Developer has received preliminary subdivision approval dated May 25, 1981 and final subdivision approval dated May 1981 from the South Burlington Planning. Commission for the construction and development of (describe project) as depicted on a final Plat Plan entitled "(Set forth legend of final plat plan including name, owner, date and engineer)"; and WHEREAS, Developer is required by said approvals, at its own expense, to complete certain improvements: (set forth specifically the improvements required as contained in the preliminary or final approval of the planning commission); and WHEREAS, the parties to this agreement wish to establish an escrow account to secure the obligations of the developer, as set forth above; and WHEREAS, the bank executes this agreement solely in the capacity of escrow agent. NOW THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will at its own expense complete the following improvements in connection with its development: Siding and skirting on all sides of building. (Set forth specifically the improvements to be con- structed as specified in the preliminary or final approval) 2. Developer will convey to the City by property executed Warranty Deed, free and clear of all encumbrances, its proposed conveyance of the streets in the development, together with all easements designed for acceptance as public easements, (or whatever the case may be). 3. The Developer shall complete the improvements set forth in Paragraph One no later than June 10, 1981 4. The Developer shall repair or replace any faulty or defective work or improper material which may appear within N/A years of completion. 5. For the guaranty of Developers performance of all requirements hereinabove set forth, Developer and Bank agree that the sum of $750.00 shall be set aside and held in escrow by the Bank and shall be available for payment to the City, in accordance with the terms here- inafter set forth. 6. If the City shall file with the Bank a statement that Developer is in the judgment of the City in 60 day default under the terms of this agreement, the Bank shall from time to time pay monies from said escrow fund to the City, in amounts not to exceed a total enabling the City to complete the improvements and requirements set forth in this agreement. . 7. The City will promptly submit to the Developer a copy of any such statement as it files with the Bank. The f % consent of the Developer to such payment by the Bank to the City shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the City, nor shall the Bank be required to inquire into the propriety of any claim by the City of default on the part of the Developer or into the use of such funds by the City in completing such improvements. 8. The City shall not file with the Bank a statement of default until 60 days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. '' pursuant 9. All monies released by the Bank to the City to Paragraph 6 shall be used by the City solely for the purpose of performing obligations imposed upon the Developer by that portion of this agreement upon which the Developer is then in default. Any work contracted for by the City pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the City with its own work force and equipment or shall be acco- mplished in such other manner as in the judgment of the City' shall accomplish the work more expeditiously and economically. 10. if monies are released by the Bank to the City pursuant to Paragraph 6 and if it shall later develop that a portion of the released monies are surplus to the City's needs, any such surplus shall.be refunded by the City to the Bank to be held and distributed by the Bank pursuant to the terms of this agreement. 11. The Bank will not refuse or delay to make such payments to the City when requested by the City by the appropriate statement, and Developer will not interfere with d or hinder such payments by the Bank to the City. Said statement shall contain a certificate of compliance with the notice requirements of Paragraph*8 of this agreement. 12. This agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby. 13. Upon request of Developer, but only at the sole discretion of the City, the City may release a portion of said escrow funds if the City believes that the retention of said funds is not necessary to protect its interests after a portion of said workhas been completed. Bank may release such funds only upon written consent of the City. 14. Nothwithstanding the provisions of Paragraph 13 the sum of $750.00 _ shall be in any event maintained in escrow until certification to the Bank by the City of satisfaction of the terms of this agreement. 15. This agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. Dated this 1901 day of October 1991 Frank von 'rurkovich, Vice President Developer Sierra Construction Company, Inc. CITY OF SOUTH BURLINGTON BY; Its Duly Authorized Agent BANK BY: Its Duly Authorized Agent RICHARD A. SPOKES JAMES D. FOLEY JOSEPH F. OBUCHOWSKI STEVEN F. STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT OS402 October 16, 1981 Mr. Richard Ward Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 Sierra Construction Dear Dick: (802) 862-6451 (802) 863-2657 ISAAC N. P. STOKES COUNSEL Attorney Brownell from the Chittenden Trust Company has finally seen fit to call back concerning the above. Since he now appears to go along with the escrow agreement format, he has requested that we return to the bank the original letter of credit. If you can find it, please forward it to me. Otherwise, I'll tell him to make some other arrange- ment. When he asked what form of agreement we wanted to use, I told him that the form I previously sent him would be just fine. He is going to be having the "developer" prepare the agreement (fill in the blanks on the model I sent him). Please send me a copy of the agreement for review if you receive it; if I receive it, I will do likewise. This loose end appears to be close to being tied off. If you have any comments, please let me know. JFO/gmt Very truly yours, Joseph` . Obuchowski /o/Lv�Bi 7!fZ& 7/ /0) WA-4 1.0 4,,, ICOIVSTRUGI'ION 217 CHURCH ST PO BOX 3262 BURLINGTON, VT. 05401 JEFFERSONVILLE, VT, 05464 802 658 4624 July 8, 1981 Mr. Richard Ward City of South Burlington 757 Dorset Street South Burlington, Vermont 05401 Reference: Model Home, Shelburne Road Dear Dick, I have asked our contact at the Chittenden Bank, Mr. Charles Hibbard, to contact you directly to resolve the problem with the wording on the landscape security. I will be following up on it to see that all of the problems have been resolved. If we are unable to get the City of South Burlington and the Chittenden Bank to agree, I am willing to pay the City for amount they want in cash. One of our people, Mr.. Steve Riley, apparently filed. the papers regarding the sign which we have erected. If things are out of order on the sign matter, please tell me what we have to do, and I'll attend to it immediately. Cordially, SIERRA CONSTRUCTION COMPANY �%440„ io . TO-9� Frank von Turkovich FJvT/mc fr 4. :'LA:;:;' %'C COIMr"ISSION' MAY 26. 1981 !'r. Foolery moved that the ;outh Burlinf_"ton Planning Commission approve the to nlnn %licnticr: of ill.ic.rr. 'de rsr l for 1r3,000 sq. ft. of office r,.ce 2 buildink;s a:3 ac.1,cted on a plan entitled "700 Dorset Street, Site Plan", prepared by the �;ite Concern and. E.A. mixer & Associates, dated Mlay 17, 1961, subject to the following stipulations: 1. Offers of dedication for (a) right of way construction alon£; Dorset :street and b a 2U foot submitted prior to issuance of a building permit. widening and/or sidewalk sewer easement shall be 2. One hydrant shall be installed at a location Approved by the fire chief. 3. A-landscapinf- bond of $14,400 and a sidewalk and street widening bond shall be provided. 4. Parking layout shall be revised to that shown on the previous submission containing- 80 spaces. 5. A revised .site plan containing required changes from stipulations 2 and 4 shall be suImitted. 6. This approval expires in 6 months. ,%Ir. Lov( ique necorided the motion. r.r. Mixer said the road on Dorset ::street would be widened to match the existing pavement all the way back to the bridge. Yr. Levesque felt this project was the best one which had ever been sue-i-ested for this property, and Mr. Ewing felt the new plan was better tnan the original one. Mr. Woolery thought it was unfortunate that the zoning line fell where it did, because he did not feel business was a good use here. He said he would like to see the city buy the property but he did not think it would. He felt this would be a traffic hazard and a hassle, but he noted that the applicant met the groundrules. '1'he motion carried with all in favor. Ppplicntinn :ierr Cc:r;strue tion Comnrin for site plan gT);roval of a :r, ;'.iel e:.t•Ae office on property owned by Antonio Pomerle u on �helt)urne Road '-r. apitz noted that Mr. von Turkovich had talked with city officials about the process involved in setting up a temporary structure. He was pressed for time at the time, and the structure is already on the land, but Y.r. SFits noted that there was no implied approval of the structure. :rr. S;pitz said access was proposed to be from Sambo's access. .r. Ewinf did not want any other building on the same property and he sup-•_;e;ted setting off a property line which would remain as long as the }uildir.; re -aired. r. v^r! Turkovich said the building was there very temporarily. -of.-er wanted to give approval for the entire 40 acre parcel with the one unit on it. Mr. Spitz said he had received a letter from the ror:_erleau Agency stating; that '-Ir. von Turkovich had permission to erect a Lcocel home on the land from month to month "at the same location as Sambo's". :r. c)clery wanted it to be very clear that this was not part of the Sambo's 1.r.d. It is ri 40 acre lot site plan review, with one unit on that 4U acres. (j 5. PL :+*N!' G CUbi?�:iS`>IO r^ MAY 26 1981 Mr. von Turkovich said he expected the building to be there until the fall, when it will be sold. 'He said what he expected was an approval which would be only for a few months and then would become void. They will put on the skirting and plant a few trees, as well as mowing the grass. Zr. Ewing suggested that some money be spent on landscaping but that additional funds be put in a joint account with the city and used for additional landscapin in two years if the building is still there. Mr. von Turkovich said the building was only borrowed for the summer and would be sold this fall. He added that if it worked out well this year they might want to try it again next year. Mr. Ewing said that if it were still there in the spring the rest of the landscaping should be added. Mr. von Turkovich sitid tie would normally only plant two trees. Landscaping bond for the entire building cost would amount to S750 and Mr. Mona suggested keeping the money in an account and if the building did not leave the area, the money would be used for legal fees to see that it did. Mr. Woolery suC,,ested buying trees in a tub and then when the building was moved, the landscaping could go with it. The balance of the bond, he suggested, could be used to clean up the site after the building was moved. Mr. von Turkovich offered to have the skirting and siding done in 2 weeks. If it was not done within that time period, Mr. Poger said the Commission would go down and destroy the building. Mr. Woolery moved that the South Burlington Planning Commission approve the site plan application of Sierra Construction Company for location of a model home display as depicted on a plan entitled "Model Home R. E. Office - Landscaping Plan," dated 5 81 subject to the following stipulations: 1. The only access to the model home shall be through the Sambo's p rkinp lot. 2. The applicant shall provide building improvements, including siding and :skirting on all sides of the buildinP. .3. A landscaping bond of 3% of the building value shall be provided prior to issuance of a buildinf- permit for the purpose of removal of the building and returning the site to its original appearance. 4. This use shall expire December 1, 1981. 5. No other use of this property shall be allowed while the model home T Mr. Levesque seconded the motion, and it carried with Mr. Nona voting no. He stated that he felt it was an incompatible use and he was concerned about temporary items. Other. business "Sr. Spitz said formal action would be started against Reilly Tire and its :;rile of tractor trailer trucks. Nr. S.,itz noted that the Commission would be looking at individual requests for rezoning at the next meeting. He added that the Act 250 hearings on Mitel would be continuing next week. The meeting was adjourned at 10:00 pm. Clerk /'�4enc'IkZ� a pj7IA9a .41� ^'"'ems Residential and Commercial Listings POME-KFAL-1 City of South Burlington South Burlington Ve rmon t Gentlemen: Real Estate Management Shopping Center Development May 7, 1981 Please be advised that Sierra Construction Co. Inc. has my permission to erect a"model home" temporarily, on a month to month basis, on my property on Shelburne Road at the same location as Sambo's restaurant Yours very truly Antonio B. Pomerleau President POMERLEAU REAL ESTATE COMPANY Pomerleau Real Estate Co. 69 College Street Burlington, Vermont 05401 802/863-2841 Memorandum Next week's agenda items 5/25/81 - Page 2 Regarding parking, I would strongly recommend that the previously proposed 80 spaces be approved. In order to squeeze in an extra 10 spaces the applicant has (1) reduced green space in the front corner by almost 50%, (2) reduced total front yard green space along Kennedy Drive to below the ordinance requirement, (3) tightened interior curve radii so as to make potential fire truck access more difficult, and (4) reduced much of the aesthetically pleasing curvilinear design of the previous proposal. 80 spaces would give 1 space per 225 square feet which is at the conservative end of any national parking estimates I have reviewed and is more than sufficient according to any site checks I have done. 5) Sierra�onstruction Application is for "temporary" location of a modular home to be used as a real estate display office. Frcm past experience, the Commission should consider any temporary approval as potentially permanent approval. Propo:;ed location i on Pomerleau's land between Burger King and Sambo's. Access will be from existing Sambo's driveway. Parking space requirements are minimal - applicant has obtained permission from Sambo's to use their lot. This should not be a problem since Sambo's parking is more than adequate. Of more concern is site appearance. To avoid temporary appearance building should have siding on all sides and skirting along the bottom. Cost of 'new landscaping is estimated at only $150. It should be considerably higher'�to make the site attractive - the minimum should be 3% of the value of the building (i.e. not just location cost). Basically, site work and access arrangements should be equivalent to that normally required for a permanent use. If the temporary nature of the use makes it impossible to meet those requirements, site plan acceptablility may be marginal. A final note - building location may conflict with reserved access from Sambo's to the potential Laurel Hill Extension. Also, no lot lines are being proposed for this use. DHS 5/25/81 MOTION OF APPROVAL For the Site Plan Application of Sierra Construction Company for location of a model home display as depicted on a plan entitled "Model Home/R.E. Office Landscaping Plan," dated 5/81: Stipulations: 1) The applicant shall obtain a legal right-of-way and right to use parking spaces from Sambo's prior to issuance of a building permit. 2) The applicant shall provide building improvements, including siding and skirting on all sides of the building, sufficient to appear as a permanent use. 3) A landscaping bond of 3% of the building value shall be provided prior to issuance of a building permit. 4) A revised site plan, including landscaping revisions and drawn at a scale of at least 1 inch=60 feet, shall be submitted prior to issuance of a building permit. 5) This approval expires in 6 months. May 15, 1981 City of South Burlington So. Burlington, VT 05401 Gentlemen: Please be advised that the erection of a model home at our location, leased from Mr. A.B. Pomerleau, should not create any undue hardships nor interfere with our business. Sincerely, Ic" a JOA'L'a '5 of iy C>rAMBO ` s AW/ep --•'`-_-�, ;�,__..,Rrairaa�.;.�txu=..^aryew,...:�atlw.^.u�xr.�lr.:aasaa�tb.;raam�a��9ra;,gan�xvxc•,na�e�spn�vrau�a�rxahw.nsm�wra�,r��wasama�srnctts::min�ans`mamFD I _ _ May 19, 1981 �i Mr. David Spitz' Planning Director City of South Burlington 1175 Williston Road South Burlington, Vermont 05401. Dear Dave, Enclosed please find copies of our proposed land- scaping plan and a letter of consent from Sanbo's Restaurant. We hope to be able to move the building to a tem- porary .location on the site on Wednesday, May 20. We will await further action till the Planning Commission meeting on May 26. Thank you. FJVT/mc Enclosures I Cordially, SIERRA CONSTRUCTION COMPANY Frank von Turkovich