HomeMy WebLinkAboutSD-84-0000 - Supplemental - 0000 Midas DriveNORTH COUNTRY PLANNING
P.O. BOX 333
Winooski, Vermont 05404
(802) 655-3661
August 9, 1984
Jane Bechtel, City Planner
South Burlington City Hall
575 Dorset Street
South Burlington, Vt. 05401
Dear Jane,
David Brassard of Brassard Automotive Services, Inc. has asked me
to have you withdraw our preliminary plat application for a 2 lot commer-
cial subdivision. Since we have not been able to get a positive response
from the City administration in relation to the road and sign issue, we
plan to reevaluate whether subdivision, expansion of Midas Muffler, or
other use of the parcel will be most feasible.
We do wish to point out that the City's desire for a connector
road at this location creates significant limitations on Mr. Brassard's
options for utilizing his property. We still hope that these difficulties
will be able to be resolved in the future.
Sincerely,
`1 11
David H. Spitz, �-
Planning Consultant
cc: David Brassard
Paul Jarvis
PUBLIC 1 EA1UNG
SOUTH BURLINGT'ON PLANNING COMISSION
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 24 1984, at 7:30 P.M. to consider the
following:
1) Preliminary Plat application of Brassard Automotive Services,
Inc., for a commercial subdivision of existing Midas Muffler lot in o
two lots of 2.22 acres and 2.0 acres The proposed subdivisions is
located at 1255 Williston Road and is bounded by propertiezi of
Bissonette, Pomerleau, Unsworth, South Burlington School District and
South Burlington Realt Cor oration.
Copies of the application are available for public inspection at the
South Burlington City Hall.
Sidney B. Poger
Chairman,'
South Burlington
Planning Commission
Julv 7, 1984
7/24/84
JSB
MOTION OF APPROVAL
That the South Burlington Planning Commission approve the Preliminary
Plat application of Brassard Automotive for a two -lot subdivision
located at 1255 Williston Road, as depicted on a plan prepared by
Krebs and Lansing Consulting Engineers entitled "Preliminary Plat,
Brassard Automotive, 2 lot Subdivision" dated June, 1984 subject to
the following stipulations:
1. That the final plat show the actual lot sizes after removing
the 60 foot right-of-way.
2. That the Street be built by the applicant to City standards
from Williston Road to the School District property, and be deeded
to the City upon construction on lot #2.
3. That the City street include a sidewalk to the School District
Property and a temporary turn -around.
4. That a performance bond for street improvements in an amount
determined by the City Engineer be posted prior to permit.
5. That a drainage easement of 10 feet in width on the southern
portion of lot #2 be granted to the City.
6. That the legal documents for all easements be submitted for
approval by the City Attorney prior to final plat application.
7. That a fire hydrant be placed on the eastern side of lot #2 by
the 60 foot right-of-way, and be shown on the final plat.
8. That a sewer allocation of 500 gallons per day be granted in
accordance with the South Burlington Sewer Policy.
9. That the final plat be submitted within 12 months.
CITY OP SOUTH BURLINGTON
Subdivision Application - SKETCH PLAN
1) Name, address, and phone number of:
a. Owner of record Brassard Automotive Services
1255 Williston Road
South Burlington, Vt. 864-4543
b. Applicant Same as above
c. Contact person David Spitz, North Country Planning
P.O. Box 333
Winooski, Vt. 05404 655-3661
2) Purpose, location, and nature of subdivision or development, including
number of lots, units, or parcels and proposed use(s).
Commercial subdivision - 1 additional lot.
n
3) Applicant's legal interest in the property (fee simple, option, etc)
Fee simple ownership.
4) Names of owners of record of all contiguous prizq)erties Lee R. Bissonette.
Antonio B. Pomerleau, Raymond R. Unsworth, South Burlington Realty Corp,
South Burlington School District
5) Type of existing or proposed encumbrances on property such as easements,
covenants, leases, rights of way, etc.
Sanitary sewer easement near front of property; right -of' -way to
adjacent Pomerleau property.
6) Proposed extension, relocation, or modification of municipal facilities
such as sanitary sewer, water supply, streets, storm drainage, etc.
Connections to municipal sanitary sewer and water supply are planned.
7) Describe any previous actions taken by the Zoning Board of Adjustment or
by the South Burlington Planning Commission which affect the proposed sub-
division, and include the dates of such actions:
5/15/78 Zoning Board variance for automotive service business; 7/25/78 Planning
Commission 2-lot subdivision approval; 6/19/79 Planning Commission preliminary
approval for subdivision of 1 additional lot; 7/16/79 Zoning Board conditional
use approval for an office building on the proposed new lot cited above.
8) Submit four copies of a sketch plan showing the following information:
1) Name of owners of record of contiguous properties.
2) Boundaries and area of: (a) all contiguous land belonging 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 cove-
nants.
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.
), c /� :
(Signature) applicant or contact person
a// -7/ y
da to
CITY OF SOUTH BURLINGTON
Subdivision Application - PRELIMINARY PLAT
1) Name of Applicant Brassard Automotive Services, Inc.
Williston - --
South Burlington, Vt. 05401
2) Name of Subdivision-------
3) Describe Subdivision (i.e. total acreage, number of lots or
units, type of land use, include gross floor area if comm-
ercial.) Gomm ial subdivision - 1 new lot in addition
to existing Midas Muffler lot.
4) Indicate any changes to name, address, or phone number of
owner of record,applicant, or contact person since sketch
plan application: - NONE
- ---- ---- - - --
I
5. Name, address, and phone number of:
a. Engineer ! Re-bert--K r-eb -&..-Lan.si ng_f&nqult irE
—Engineers, ,199-Main Street, Winooski, Vermont' 0.5404
b. Surveyor same as above
C. Attorney _Paul Jarvis, Jarvis and Kaplan,
_Paul Street, Burlington, Vermont 05401
d. Plat Designer—Davitj
_S4?tz� North Country Planning,
-- _p. o . _b-ax-333, _ Winooski Vermont 0 404
------------ - - - -
--
6) Indicate anv changes to the subdivision such as number of lots
or units, property lines, applicant's legal interest in the
property, etc., since this proposal was last before the
Commission: The future City street is now shown as a
60' reserved strip within Lot 1.
r' oPer,°f -'D ), — —
7) List names and mailing addresses of owners of record of all cont-
igous properties: Lee Rissonette, William_&_ T,Pe Tno�e-St,_
• 02Antonio ••u' ••u- 69
College St. Burlington, 05401 i Raymond Tns-aro-r-th4Rnx 24l , Buraingtan
Yermont. 05402; South Burlington School Di2rj-C-t"5D--DQrset Qt,
South Burlington, Vt 05401: South Burlington I3ea1 y—Corte, 3Q-�� t St
South Burlington, Vermont 05401
8) State title, drawing numb-°r, date of origi-.,1 plus any revisions,
and designer(s) of the preliminary map(s) accompanying this appli3
cation: Automoti-ve,- Lot but ivisiorr—, '
—Krebs & Lansing Consulting Engineers. Inc.84129
9) Attach a preliminary map showing the following information:
1) Proposed subdivision name or identifying title and the name
of the city.
21 Name and address of owner of record, subdivider and designer
of Preliminary Plat.
3) Number of acres within the proposed subdivision, location
,of property lines, structures, watercourses, wooded areas,
and other essential existing physical features. y
4) The names of all subdivisions immediately adjacent anc the
names of owners of record of adjacent acreage.
5), The location and size of any existing sewers and t•rater
mains, culverts and rains on the property or serving the
property to be subdivided.
6) Location, names and widths of existing, and proposed streets,
private ways, sidewalks, curb cuts, paths, easements, parks
-3-
and other public or privately maintained open spaces as
well as similar facts regarding adjacent property.
7) 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 existing ground
elevation will be five feet or more.
8) Complete survey of subdivision trzict by a licensed land
surveyor.
9) Numerical and graphic scalo, Gate and true north arrow.
10) Details of proposed connection with existing water supply
or alternative mans of providing water supply to the
proposed subdivision.
11) Details of proposed connection with the existing sanitary
sewage disposal system or adequate provision for on -site
disposal of septic wastes.
12) If on -site sewage disposal system is proposedlocation
and results of tests to ascertain subsurface toil, rock
and ground water conditions, depth to ground water unless
pits are dry at depth of five feet; location and results
of percolation tests.
13) Provisions for collecting and discharging storm drainage
in the form of drainage plan.
s�
14) Preliminary designs of any bridges or culverts which may
be required.
15) The location of temporary markers adequate to enable the
Commission to locate readily and appraise the basic lay-
out in the field. Unless an 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.
16) All parcels of land proposed to be dedicated or.reserved
for public use and the conditions of such dedication or
reservation.
10) Developmental timetable (including number of phases, and start
and completion dates)
The new subdivided lot will be
available for sale as soon as the approval process is
completed.
approvals
11) List the MRkyRR:R applicant desires from the requirements
of these regulations: Approval to _ c _ea_te_a__yat without
a
public road frontage is requested for lot ?. _
-4-
12) Attach a vicinity map showing the following:
1) All existing subdivisions, approximate tract lines and
acreage of adjacent parcels, together with the names of
the record oi•mers of all adjacent parcels of land, namely,
those directly abutting or directly across any street ad-
joining the proposed subdivision.
2) Locations, widths and names of existing1filed or proposed
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.sub-
divider's entire holding.
C,
(signature) applicant or contact parson
1-2 1/ r- Y
date
4
r
/ V I
Memorandum
Next week's agenda items
2/24/84
Page 2
5) Palmer, lot #3, Muddy Brook Industrial Park
Palmer is proposing a 6,000 square foot structure for warehouse use. The lot
in question is located off the cul-de-sac. Two access drives are proposed,
one off the cul-de-sac (see City Engineer's comments regarding the location of
curb cut). Second access is a connector between the existing lots. Due to
topography of lot #3 the second access will provide grade access to the build-
ing. The westerly side will be 4 feet higher and provide loading dock areas.
A 33 foot right-of-way is proposed to the airport property, this right-of-way
is in disucssion stage with applicant and Airport staff. Landscaping as
proposed is less than the minimum required, however, the lot has existing ever-
greens which could be saved, a credit could be applied. The upper level parking
spaces do not meet minimum standards. A revised plan must be submitted to
include suggested revisions. The proposed sign is presently located within the
right-of-way, this is prohibited. On site sewer is proposed, no problems with
this.
6) L.T.H. Associates, lot #9, Harbor view Road
The proposed office complex meets or exceeds the minimum requirements. Only
issue of concern is removal of existing trees, the northerly property line is
heavily treed. Developer should be required to protect the trees that are to
remain by use of snow fence, only those trees necessary to allow to construction
should be removed. The sewer allocation for this building should be 500 g.p.d.
The Bartlett Bay treatment plant is nearing capacity, approximately 13,000 g.p.d.
uncommitted. Applicant has proposed four handicapped parking spaces, two
meet the minimum standards. Landscaping plan as proposed provides for large
caliper trees (4" - 6" in size) these trees will exceed 20 feet in height, this
is different than normal, most developers plant 6 to 10 foot trees. Bond for
landscaping is required in the amount of $8,000. Other site improvements such
as sewer and water connections and installation of storm.sewer systems must be
bonded, this amount is $20,000.
7) Brassard Automotive, 1255 Williston Road
Proposed two lot subdivision, lot #1•contains 1.2 acres presently occupied by
Midas Muffler, lot #2 3.0 acres undeveloped. Major issues, connector road to
Corporate Circle. Second concern,existing private street being completed to
City standards. Should the street become public the Midas Muffler sign located
at the intersection of Williston Road must be relocated, this is a major concern
of Mr. Brassard. The former planner informs that the connector to Corporate
Circle has already been conveyed by South Burlington Realty. How the two
right-of-ways will connect must be finalized, this may require relocation across
South Burlington Realty land which will result in a amendment to the legal doc-
uments presently on file with City Hall.
PLANNING COMMISSION FEBRUARY 28, 1984
treed, and Mr. Ward wanted to be sure that as many trees as possible be saved.
Those to be saved should be protected with a snow fence.
Mr. Mona noted that there would be parking spaces right to the property
lines on the sides of the lot, but it was noted that the land on both sides of
the lot could not be developed due to the rough terrain.
The sidewalk exists now, but does not show on the plan. Mr. Davis had
no problems with the City Mana,cr/Eagin,�er's memo on the plan. Mr. Davis said
that if there were a basement in the building, it would only be used for
utilities - it would riot be part of the floor area. The building is not designed
yet. Mr. Pager felt the Commission should see the design and that the curbs,
sidewalk and grading changes should be shown. Mr. Davis noted that if they
were allowed to discharge water into the swale, that might change the grading
plans.
Mr. Burgess moved to continue the site plan application of LTH Associates
until March 13, 1984 at 700 pm at City Hall. Mrs. Hurd seconded the motion
and all voted for it.
Other Business
Mr. Mona noted that the Zoning Board, on February 13, had approved an
apartment in a home on Prouty Parkway. He questioned whether the Board was
"doing its thing" while the Commission was considering the matter of what will
happen with character of the neighborhood, etc. He asked when the Commission
would consider that matter again and Mr. Pager replied that it could not be
until the Commission had a full-time Planner. Mr. Ward noted that the variance
had been for 100 sq. ft., which is all the lot was short for a duplex. That is
a permitted use.
Mr. Pager asked about the application for an office use on the corner of
Mills Avenue and Williston Road and was told it had been denied. He noted that
that area of the city had been discussed extensively and said he was reluctant
to see it rezoned piece by piece through variances. He would rather have a
rational discussion of the area. He mentioned having the two boards get
together, or the Commission having a discussion of the area and the Zoning Board
abiding by the Commission's decision. Mr. 'lard noted that the Board had baked
at that lot many times in the past, and nothing has worked on it. Mr. Pager
mentioned that a request could be made for a zone change.
Automotiv-0 for a two lot subdivision. 12
Williston Road
Mr. Spitz represented the Brassards. He said the original subdivision
around 1978 had created the Al's lot and a back lot, which houses Midas today.
The back lot was more land than Midas needed, so they came in with a plan for
an office building, which involved a land swap. The Commission felt that a
road was needed through this land to connect to the Corporate Circle road, but
if that is done, Midas would have to move its sign, which would then be off -
premise, and that is a problem for them. They want to keep the sign where it
is now.
Mr.,Spitz said Midas wanted its front property line to be 300' and they
would like to square off the lot for additional parking area. They might want
to add 3 bays to the building and they want to sell the land they have no use
for. :sir. Spitz asked whether the city still wanted the road and was told it did.
The exact location for connection to the Corporate Circle road would have to be
worked out. The School Board has agreed in principle that a corner of its land
could be used if needed.
4.
PLANNING COMMISSION
FEBRUARY 28, 1984
Mr. Spitz felt the Brassards would be willing to try to make an arrange-
ment if they could get in the parking and building they feel they need.
Mr. Jacob came in at this point.
Mr. Poger noted that the city had not wanted exceptions made to its sign
ordinance, because it had felt thatthat would lead to a lot of requests for
exceptions. He noted that if any body could grant an exception, it was not
the Commission, but the City Council. Mr. Spitz felt it was an unusual case
because of the road right of way involved.
Mr. Burgess asked whether the Commission felt the road was important
enough to recommend to the Council that they consider doing something about
the sign. Mr. Poger felt it was an important right of way.
Mrs. Hurd suggested that if moving the sign was a problem, the new road
could be called Midas Drive.
Mr. Burgess moved that the Commission reiterate its concern over the
importance of that right of way to the future needs of the city. Mrs. Maher
seconded the motion and all voted for it.
Mr. Spitz noted that if land were given up for the road, some remedy
might be needed for setback problems.
Other business
Mr. Mona urged the Zoning Board to read the February 14 minutes of the
Commission regarding University Mall, since the Board had requested input on
some of the issues discussed. Mr. Ward was requested to be sure the Board
members received those minutes.
Mr. Ward noted that the city had hired Mr. Spitz to work with Mr. Ward
on the University Mall application. Mr. Spitz felt the interstate setback
would be a good trade-off if more landscaping were added behind the existing
buildings, perhaps removing a row of parking back there. As far as the stream,
he felt that if the neighbors were protected, and the 100' was maintained, it
would not matter if the setback was 50' on each side, or 30'-701.
The meeting was adjourned at 9:15 pm.
Clerk
No Text
t-
M E M O R A N D U M
To: South Burlington Planning Commission
From: Jane S. Bechtel, City Planner
Re: July 24, 1984 agenda items
4) Brassard Automotive'Services, 1225 Williston Road
The applicant proposes a two lot subdivision consisting of the exist-
ing Midas Muffler lot (2.22 acres) and a 2.0 acre lot. This Pre-
liminary Plat application has been warned as a Public Hearing.
The issues are as follows:
Streets: The existing road is built to the Midas building. The
plan shows a reserved right-of-way through to Corporate Circle.
This connecting road has been viewed as an integral part of the City's
Comprehensive Plan, and desired traffic circulation in the vicinity.
The applicant agrees to build the road to City standards as far as
the beginning of the second lot but not through to the back of the
lot. They feel this is a City responsibility since it is an excessive
requirement to serve the 2 lots presently being considered. The
applicant is willing however, to reserve the right-of-way for a
street through to Corporate Circle.
The Planning Commission should discuss whether requiring a Performance
bond for the completion of this street at least through to the second
lot is excessive. There have been cases where rights -of -way are
reserved but not built by the applicant since they do not serve that
applicants purpose. The Commission has the right to determine the
length of time in which the streets must be built to City standards,
up to a three year maximum from the time of construction on the
second lot. (Subdivision Regulations, Section 506). The Commission
may also require certain streets or other improvements be completed
prior to or during specified phases of construction (Section 204.3).
I recommend that the street be built to City standards and deeded to
the City in conjunction with any construction on the second lot.
Midas Siqn: The Midas sign located on Williston Road will be an off -
premise sign and therefore an illegal sign once .the street is built
to City standards, deeded to and accepted by the City. The City
Attorney believes the sign must be removed at that point. The
applicant does not agree and wishes to postpone resolving this
legal dispute until that time. The City Attorney is aware of this
postponement and agrees it may be the only way to handle it. However,
by postponing this fight, we are most likely agreeing to a future
legal battle and opening up the arena for similar off premise signs.
The Commission should discuss whether the subdivision should be granted
stipulating a public street, without first resolving the sign issue.
I recommend resolving the sign issue now.
Other: Chief Goddette has recommended a fire hydrant be placed on the
eastern side of the lot at the 60' R.O.W. between lots #1 and #2.
M E M O R A N D U M
To: South Burlington Planning Commission
From: Richard Ward, Zoning Administrative Officer
Re: Existing Midas Muffler sign
Date: 7/19/84
The existing Midas sign is permitted at its present Williston Road
location due to the fact that the property in question fronts on
Williston Road. Brassard Automotive wishes to subdivide the property
and offer the existing road to the City. Should the City accept
the street the sign must be moved to the Midas Muffler lot. Otherwise
the sign would be considered an off -premise sign which is prohibited
under the City's Sign Regulations.
The sign in question could be moved approximately two hundred and
fifty (250) feet southerly and still be visible from Williston
Road.
As I understand the applicant does not wish to consider the sign an
issue at this time, and would challenge the removal of it in court.
Allowing the sign to stay would set a precedent which would affect
future developments. Already we had a request for a sign by China
Lite at Dorset Street and Corporate Way.
Should the location of the Midas sign continue to be an issue, I
suggest that the existing street remain private.
M E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Manager
Re: Next week's agenda items
Date: 7/20/84
4) Brassard Automotive, Williston Road
1. The proposed City street should be constructed to City stand-
ards including a sidewalk to the School District easterly boundary
with a temporary turnaround.
2. The southerly portion of lot 2 is traversed by an important
drainage way which drains a large area. It is flat and requires
periodic dredging. An easement of 10 feet in width on each side
of the centerline should be reserved for City maintenance access.
5) Bagel Bakery, Dorset Street
1. The entrance drive will start very close to the sidewalk when
Dorset Street is reconstructed. A snow plow pushes snow to the
right. When plowing an intersecting street as in this case San
Remo Drive, the plow will start on Dorset and come around the
curve and a drive close to the intersection on the right side will
get more than its share of the snow pushed into"it.
My recommendation would be to eliminate parking spaces 1 and 2 and
move entrance easterly. Additional parking could be provided along
east side of building.
2. Road opening's shall include repressed concrete curbs across
there entire length.
6) Guerra Medical Office, 1540 Williston Road
I. A parking lot drainage plan shall be submitted.
2. Sidewalk shall remain as is across drive. Plan shows it missing.
3. The one long vehicle drive creates problems that may require
backing onto Williston Road or back into the parking lot when a
conflict occurs. An opening to the adjacent business would help.
7) Mobil Oil Station, Kennedy Drive-Hinesburq Road
1. If east road opening on to Kennedy Drive is used for exiting
vehicles going east on Kennedy Drive it may be difficult to get around
island especially if the vehicle is to the far east.
2. A large trailer truck may have difficult getting around after
being serviced. If a diesel fuel storage tank is proposed, large
trucks will be served and may have difficulty.
C
I
July 20 , 1984
Brassard Automotive Service
1255 Williston Road
South Burlington, Vermont 05401
Dear Mr. Brassard:
Enclosed is the agenda for the Planning Commission meeting of
July 24, 1984. Your application is scheduled to be considered
at this meeting.
Also enclosed are &ny pertinent materials that I have prepared
for the Planning Commission.
Please call me if you have any questions.
Sincerely,
Jane S. Bechtel,
City Planner
JSB/mcg
CC. David Spitz
i
S
c.
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M E M O R A N D U M
To: South Burlington Planning Commission
From: Richard Ward, Zoning Administrative Officer
Re: Existing Midas Muffler sign
Date: 7/19/84
The existing Midas sign is permitted at its present Williston Road
location due to the fact that the property in question fronts on
Williston Road. Brassard Automotive wishes to subdivide the property
and offer the existing road to the City. Should the City accept
the street the sign must be moved to the Midas Muffler lot. Otherwise
the sign would be considered an off -premise sign which is prohibited
under the City's Sign Regulations.
The sign in question could be moved approximately two hundred and
fifty (250) feet southerly and still be visible from Williston
Road.
As I understand the applicant does not wish to consider the sign an
issue at this time, and would challenge the removal of it in court.
Allowing the sign to stay would set a precedent which would affect
future developments. Already we had a request for a sign by China
Lite at Dorset Street and Corporate Way.
Should the location of the Midas sign continue to be an issue, I
suggest that the existing street remain private.
5
NORTH COUNTRY PLANNING
P.O. Box 333
Winooski, Vermont 05404
(802) 655-3661
South Burlington City Council
c/o William J. Szymanski, City Manager
575 Dorset Street
South Burlington, Vermont 05401
Dear Bill,
March 2, 1984
I am representing Brassard Automotive Services in their application
for a 2-lot subdivision on Williston Road. The intention is to create
one lot for the existing Midas Muffler business and a separate lot for possible
sale and/or development (we have no specific use at this time). As you
know, the subdivision has been complicated for over 4 years by two issues:
(1) provision of a connecting road between Williston Road and Corporate
Circle and (2) location of the Midas sign. The Planning Commission has
consistently stated that the connecting road is an integral part of the
City's Comprehensive Plan and desired traffic circulation for this vicinity.
The applicants have consistently stated that they are willing to leave room
for the road as part of a subdivision approval, but that they are unwilling
to remove their Williston Road sign once the road becomes public.
Enclosed is a chronology of previous Brassard requests for develop-
ment and responses from the Planning Commission, City Council and City
Attorney. We strongly feel that some resolution of the road/sign issue
should be possible. The City will benefit if land is reserved for a public
road connection through the Brassard property. The applicants will benefit
if they can retain their current sign location and can be allowed to utilize
the balance of their land. We realize that the sign ordinance does not
permit "off -premise" signs, and we do not wish in any way to weaken the
overall sign ordinance. However, since the sign is currently legal and since
it will become illegal only by granting land for a road that the City wants,
then there should be some way to provide by legislative action a mutually
agreeable solution.
We are requesting to appear before the City Council to discuss
possible options. Y3u may wish first to relate our request to the City
Attorney to see if he might have any different input since his February 11,
1980 letter. We are willing to undertake any necessary discussions to
resolve this issue, but it is imperative that we receive some response from
the City as to the best way to proceed.
Thank you for your assistance..
Sincerely,
Dz,z�
David H. Spitz
3/2/84
CHRONOLOGY OF EVENTS: MIDAS SIGN/ PUBLIC ROAD CONNECTION
7/25/78 The Planning Commission granted final approval for a 2-lot
subdivision: lot #1 for A1's French Fries and lot #2 for the
balance of 4.2.acres including Midas. References were made to
a desire for a connecting road link once further development
took place.
6/19/79 The Planning Commission granted preliminary plat approval to
subdivide an additional lot for an office building. Stipulations
(enclosed) included a requirement for dedication of a 60 foot
strip of land for a future street, to be submitted prior to
final plat approval.
1/ g/80 The Brassards returned to the Planning Commission and explained
that they would be unable to proceed if they were required to move
their sign from its Williston Road location. They requested some
assistance in finding a legal way to allow the sign to remain if
the 60 foot strip was dedicated to the City.
2/11/80 The City Attorney provided a response (enclosed) to the Planning
Commission's request for input, stating that there were numerous
difficulties in providing a solution and that a legislative
decision of the council would be necessary.
2/12/80 The Planning Commission referred the matter to the City Council
with a motion that "the Planning Commission has no objection to the
sign location per se but recommends that the issue be resolved,
maintaining the roadway as a city street."
3/17/80 The City Council held an initial meeting to discuss the situation
and decided to seek further legal input before making a decision.
Subsequently additional discussions took place between the applicants
and city officials, however the applicant eventually dropped the
matter due to delays and increasing interest rates.
2/28/84 The applicant returned to the Planning Commission with a new
subdivision request. The Commission again stated that it had no
objections to the subdivision itself, that they still wanted a
connecting road link, and that the sign issue must still be
reviewed by the City Council.
i A 51� State of Vermont
n
is Building Permit LAWS/REGULATIONS INVOLVED
CASE NO. PB-4-0417-1 Chapter 3, Public Buildings
APPLICANT Brassard Auto Services Chapter 7, Sewage Disposal
ADDRESS 1255 Williston Road Chapter 8, Water Supply
South Burlington, VT 05403
This project, consisting of construction of a 2520 square foot
office building with connection to municipal sewer and water (no
additional flows proposed) located at 1255 Williston Road in the
City of South Burlington, Vermont is hereby approved under the
requirements of the regulations named above, subject to the
following conditions.
GENERAL
(1) This Permit does not relieve you, as applicant, from
obtaining all approvals and permits as may be required from
the Act 250 District Environmental Commission, the
Department of Labor and Industry (phone 828-2106), the
Vermont Department of Health (phone 863-7220), and local
officials PRIOR to construction.
(2) The project must be completed as shown on the Plans "Site
Plan" S1 dated 1/5/88 last revised 2/09/88; "Floor Plan" P1
dated 12/30/87; "Sanitary Sewer Plan and Profile" dated
2/16/88 prepared by E.F. Wall and Associates and which have
been stamped APPROVED by the Division of Protection. No
changes shall be made to the approved plan without prior
written approval from the Agency of Natural Resources.
(3) All conditions set forth in Permit number PB-4-0417, dated
July 30, 1979, shall remain in effect except as amended or
modified herein.
WATER SUPPLY
(4) The project is approved for connection to a municipal type
water system approved by the Department of Health provided
that all construction is in accordance with the approved
plans and the Environmental Protection Rules, Effective
September 10, 1982.
SEWAGE DISPOSAL
(5) The project is approved for connection to a municipal
sewage collection system. The work shall be done in
accordance with the Environmental Protection Rules,
Effective September 10, 1982.
(6) A professional engineer, registered in the State of Vermont,
is to generally supervise the construction of the sanitary
sewer line extensions and, upon completion of construction,
the supervising engineer is to submit to the Protection
Division a written certification stating all construction has
been completed in accordance with the stamped approved
plans. The engineer's certification its to be submitted to
the Division prior to the occupancy of any unit and the
certification shall include, but not be limited to, the
numerical results of all leakage testing performed on each
section of the sanitary sewer extension and all manholes,
as described in Appendix A, of the Environmental Protection Rules.
Public Building Permit
PB-4-0417-1
Page 2
PLUMBING
(7) The applicant is hereby notified that all interior waste and
water distribution plans must now be reviewed and approved
by the Department of Labor and Industry prior to
construction. This shall hold true for new buildings
containing interior plumbing and for existing buildings
where the interior plumbing is to be altered, replaced, or
added to. You may contact the Department of Labor and
Industry by telephoning 802-828-2106 or by writing to:
Department of Labor and Industry, State Office Building,
Montpelier, Vermont, 05602.
Dated i t g Village of Essex Junction, Vermont this �)l day of
b!— , 1988.
Patrick A. Parenteau, Commissioner
Department of Environmental
Conservation
By
Marsha J. Thompsdn
Assistant Regional En ineer
Ernest P. Christianson
Regional Engineer
CC: Donald Robisky
City of South Burlington ✓
Dept. of Health
Dept. of Labor and Industry
E.F. Wall and Associates
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6/8/84
JSB
MOTION OF APPROVAL
That the South Burlington Planning Commission grant approval of the Site Plan
application of R.G. Blanchard for construction of a 20,000 sq. ft., 21Z story
office structure on Lot #9, Harbor View Road as shown on a plan entitled "Site
Plan and Profile -Proposed Office Building for Larkin Real Estate" prepared by
R.G. Blanchard, Design Associates, dated 5/22/84 with the following stipulations:
1). Bonding for landscaping ($11,000) and site improvements ($20,000) shall be
provided prior to issuance of a building permit, and a revised landscaping plan will
be submitted to the Planner prior to permit.
2). Eighty parking spaces shall be provided with eleven parking spaces at compact
car size (81-,' x 16'). Handicapped spaces will be revised to meet the City Planners
approval.
3). That an erosion control plan be prepared and submitted to the City Engineer
and Planner for approval.
4). That a snow fence be erected in the CO area and where any existing vegetation
is to be saved.
5). That a sewer allocation of 1000 gpd be made in accordance with the South
Burlington Sewer Policy.
6). That this approval expires in 6 months.
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6/8/84
JSB
MOTION OF APPROVAL
That the South Burlington Planning Commission grant approval of the Site Plan
application of R.G. Blanchard for construction of a 20,000 sq. ft., 22 story
office structure on Lot #9, Harbor View Road as shown on a plan entitled "Site
Plan and Profile -Proposed Office Building for Larkin Real Estate" prepared by
R.G. Blanchard, Design Associates, dated 5/22/84 with the following stipulations:
1). Bonding for landscaping ($11,000) and site improvements ($20,000) shall be
provided prior to issuance of a building permit, and a revised landscaping plan will
be submitted to the Planner prior to permit.
2). Eighty parking spaces shall be provided with eleven parking spaces at compact
car size (82' x 16'). Handicapped spaces will be revised to meet the City Planners
approval.
3). That an erosion control plan be prepared and submitted to the City Engineer
and Planner for approval.
4). That a snow fence be erected in the CO area and where any existing vegetation
is to be saved.
5). That a sewer allocation of 1000 gpd be made in accordance with the South
Burlington Sewer Policy.
6). That this approval expires in 6 months.
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Page 1
Admi,.-strative Checklist - PREL.,INARY PLAT
►/ 1. Subdivision name M A``(er �..t>-t J'OCx4 S�
2. Fee Due J7 Date Paid
v 3. Four -copies _ �`J'
4. Subdivision name or identifying title, name of City
5. Acreage, property lines, structures, watercourses, wooded
areas, other essential physical features
�- 6. Abuttor's names . _. Y��u\�4 rN
7. Size and location of utlilites, i.e., sewer, water, storms,
to be utilized.
8. Location, name, width of existing/proposed streets, private
ways, sidewalks, curb cuts, paths, easements, parks, open
space, etc., plus similar facts on adjacent property.
9. Contours, 5/intervals, existing & proposed
10. Survey
11. Numerical & graphic scale, date, north arrow
12. Water supply provisions
13. Sewage disposal provisions, plus pert test if on site ____
-2-
14. Storm drainage provisions, including necessary culverts or
bridges
15. Location of temp oraty field markers
16. Vicinity Tap
17. Lands proposed for public use
18. '-darning Notice drawn up Notice published
_a
da e
date
Plan Referral
comwent s Name
,received
Ij
_19. Street Layout
_20. Lot Layout
21. Pedestrian Access
22. Water
93. Fire Protection
Title or Agency
r
r
Date
Reffereq
24. Sewer
25. Utility Lines & Easements
26. Outdoor Lighting _
27. Storm Drainage
28. Open Space and Recreation _
29. Site Preservation and Landscaping
30. Excavation and Grading
31. Energy Conservation
_ 32. Date & Itemize chances to Plat since date of Initial
Preliminary Plat Submission
33. Planning Commission review under the following criteria
completed:
Assessment of Developmental impacts
General Standard of 12.00 2(A),
Zoning
RPUD Specific Standards (6.302)
Site Plan Review
Other
-4-
34. Date of Planning Commission Action on this Plat
35. Notification letter sent to applicant
date