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HomeMy WebLinkAboutSD-78-0000 - Supplemental - 0060 Midas DriveY C`TTDTTT TTTMT .- DATE: MAY 15, 1978 In compliance with the request for information from the applicant in the form of a Stipulation, as contained in the Minutes of the Zoning Board of Adjustment of May 1, 1978, the following is submitted: 1. Appendix A contains a sketch of the center curb cut (Al's French Frys) showing its improved design. 2. Appendix B contains a sketch of Al's French Frys and the proposed traffic flow improvements. 3. The Brassards herein agree that the use variance, if granted, will be limited to a parcel of land having easterly and westerly sidelines which will extend southerly 250 feet from the southerly sideline of the Al's French Frys property as such is shown on plans submitted to the City of South Bur- lington to date. Furthermore, the Brassards covenant and agree that the Midas building and all its appurtenances will be contained within the parcel described in the above paragraph. 4. This Stipulation is furnished conditioned upon the provisions herein being substituted for the provisions contained in the following paragraphs of !? the referenced Memorandum of March 21, 1978: (a) The first sentence of Paragraph 7; (b) Paragraph 8. s_+ 5 . The improvements to the Al's French Frys property shown on Appendix A and Appendix B will be completed on or before the Midas Muffler shop first opens for business. At such time, the westerly most curb cut serving Al's French Frys will be closed. 6. The center curb cut (Al's French Frys) as shown on Appendix A will remain such lentil the Midas right of way is signalized, at which time it will be constructed so as to limit it to right turn -in and right turn -out traffic only. -2- Genevieve Nbrq " i d�� i 0rzo;0,32YJ, x W P �7 O .W 01Ln - `r' g I T r IN 'G M P 36 ` hz ' NET I '1 T 75 `oo� p0. SNP-4- B �- 000 �000 ti / -T:.- A L_LI►V G 1 A 4 t •�../Z,fv2 Z�j �. 0D POST wp �.` M.H T F. 314.75 (Y },, INV 309.70 I i If f , (0 CONSULTING R [NOIN[[AS APPENDIX A PAULSEN ASSOCIATES, INC. SI SOUTH NILINSTON, VERMONT v I. P. I1 .•� COIIiULTINS va [NsIN[ems PAULSEN ASSOCIATES, INC. SOUTH WOLINGTON, VERMONT 5. PLANKING COMMISSION JULT 25, 1978 i Public hearing on final plat application of Brassard brothers for a 2 lot commercial subdivision of the Morgan property, 1251 Williston Road, and site plan of Midas Huffler Mr. Page said that the Zoning Board had granted a variance to Midas for a shop, on the rear lot. of. this land and imposed several stipulations, some relating to curb cuts. As a result there will be two curb cuts for A1'a French_i`ries - one on Williston Road and one on the new access road. Mr. Page told the Commission what other stipulations had been placed on the application. He said they had asked for a waiver of 32,000 worth of land- scaping for credit for existing vegetation and suggested this be granted provided the Tree.Committee agreed. Mr. Poger was concerned about what would happen if this road eventually was connected to all the Munson property in the back but he did not think it would happen for many years and Mr. Brassard said that any development behind Midas would have to have subdivision approval from the Commission and major issues could be addressed at that--time.- Mr. George Ailing said -he, was a. neighbor to.� h& west and was against the proposal because he. did not think. it took•.into.consideration the value of the land behind Midas and. because he did not feel there should be another access to Williston Road, where there were already too sany., He said there had been two accidents at the corner of Williston Road and White St.' in 1975, three in 1976•and T last year, so they were proliferating. He did not want to see -.anything done with -the land until there was a comprehensive plan for the backland. Mr. Poger told him the city and the landowner were working on 1 such a plan. He also said that the number of curb cuts in the immediate J area was being.reduced by this plan. Mr. Ray Unsworth said he was a property owner to the south and he owned Yllage Green Apartments. One of the amenities of the apartments was that they were located in the quiet of woods and he was interested in the effect this proposal would have on the life of the tenants in the buildings. Mr. Poger told him this proposal would not *ffect the apartments but recommended he talk to the Planner. about the tentative development.plans for the backland. Mr. Woolery moved that the South Burlington Planning Commission approve (a) the final plat application of David and Michael Brassard for a two lot subdivision of the Morgan property and b accompanying site plan for Midas Muffler. as depicted on 2 plans, a "Midas Muffler... Transit Survey". d&lked 7/2 8 drawn by John A. Marsh, and (b) 'Site Plan ... Midas Muffler Shogu dated 7 20 78 drawn by MACG. Inc.. subject to the following stipulations: 1. A landscaping bond of $4500 shall be posted; -the amount of credit allowed, up to a maximum of $2,000, for existing vegetation, shall be as determined by the Tree Committee of%er construction is completed. 2. Access to the - lots (which shall be numbered on the plan to be recorded) is correctly -shown on the final plat and is further governed b the stipulations made to -the Zoning,Board and Plannimg Commission dated 5 15 78-and 3 21 78 respectively. 3. The -stipulations of preliminary plat approval remain in full force. 4. Bonde for closing of old curb cuts and installation of new cuts shall be as determined by the City Engineer. • pLANNING COMMISSION 5. Site plan approval expires 6 months from this date. JUL7 25, 1978 6. The agreement for providing access to the Racine property shall be approved by the City Attorney prior to the issuance of a building permit. The motion was seconded by Mr. Mona. Mr. Page read the preliminary plat stipulations. The question of curbing on the new access road was discussed and.the Brassards told the Commission that curbing would define both sides of the cut for Al's on the new access road. The motion passed unanimously. Sketch plan review — 1 lot subdivision of the Chittenden property west of Hinesburg Road Mr.: Page said this subdivision was located deep in the recesses of the Southeast Quadrant and was a 10 acre lot.. It is a minor subdivision and the sole issue is access to the road. He said that the preliminary indication from the State was that with some brush clearing there will be adequate sight distance. There are also plans to straighten the curve in the area and those plans have been held up but the State expects to go through with them later. He also said that he understood the State was planning to improve the intersection with Cheesefactory Road, so there will be fairly high speed traffic in the area`: Mr. Page said he wanted confirmation of adequate sight distance and told the Commission that the Chittenden family owned a lot of land in the area and could set off another 10 acre parcel without this one's access problems. The right of way to the land is pre—existing. Mrs. Nadeau said that her father was Mr. Chittenden and the reason they did not want to set aside another lot somewhere else was because the land behind them is being farmed now. Review Zoning Board agenda Mr. Page said that at the Council meeting the night before Mr. Flaherty had objected to the developer (in this case Treetops) getting approval as best he could and then coming in later to the Zoning Board for variances. Mr. Woolery felt that even though this plan looked better than the previous one, people in the city did not like piecemeal approaches to things. The Commission decided not to do anything formally but they did feel that they would not oppose the appeal. Mr. Poger noted that he wanted to discuss another Zoning Board appeal which had not been on the agenda and that was the Emerson appeal for the brown building on the triangle of land between White St. and Williston Road. He said that he opposed in general the placing of parking spaces for the building across White.St. so that people have to cross that heavily travelled road, which he felt might pose a serious hazard for pedestrians. Mr. Jacob added that it was hard enough to go up White St. in the winter watching for cars without having to watch out for a lot of pedestrians also. There was general agreement on the point. The Commission felt Mr. Poger should send a letter to the Zoning Board expressing their feelings and should have a copy sent to the City Council. J Discussion of meeting with City Council and setting of next agenda Mr. Poger said the Council was going to meet Thursday night to PLANKING CU2R ISSION APRIL 11, 1978 The South Burlington Planning Commission held a meeting on Tuesday, April 11, 1978 at 7:30,.pm in the Conference Room, City Hall, 1175 Williston Road Members Present William Wessel, Chairman; Sidney Poger, David Morency, George Mona, Kirk Woolery, Ernest Levesque (late) Member Absent James Ewing Others Present Stephen Page, Planner; Bill Brown, Ron Bouchard, Sid Levitsky, :dery Brown, Del Carpenter, Lucille and Rene Racine, Rowland Peterson, Edward Soith, G. L. Neal, Ron Schmucker, Dave and Nike Brassard, Edward Black, Jerry Olson, Donald Moser, George Killen, Robert Crouchley, Carl Lisman, Terry Boyle, Richard Segal, Peter Judge Minutes of April 4, 1978 It was moved by i?r. Poger ans seconded by Mr. Morency to accept the minutes of April 4, 1978 as circulated. The motion passed with Mr. Woolery abstaining. Continue public hearing on preliminary plat application for 2 lot subdivision of Morgan property, Williston Road, Messrs. Schmucker and Brassard E'r. Page showed the Commission a copy of a letter sent to Robert Shaw, a traffic engineer, concerning access to this property, and he gave them a summery of a phone call he had received from Mr. Shaw. He said that the Dorset St - Hinesburg Road connector was a good concept which would help alleviate congestion and he felt it should be about 4 travel lanes in width. In addition, Mr. Shaw felt a north -south connector or right of way which ran parallel to and abutted the east line of the Morgan property and then went southwest to connect to a Dorset St. - Hinesburg Road connector would be good particularly if the intersection with Williston Road could be signallized. Mr. Page said he mentioned the possibility of a service access parallelling Williston Road and Mr. Shaw felt it would be beneficial to abutting properties. He said this was only a potential thing, though. Mr. Shaw felt Williston Road might be improved by expanding the pavement width to 60' to provide for a center stacking lane with rumble strips (steel or concrete forms which would be mountable but the driver would know they were there). This would allow unlimited left turns from the center lane and in the future non -mountable barriers could be put up with breaks for left turns. Suggestions made by Mr. Shaw were that bite St. be relocated to come to a right angle with Williston Road and/or that left turns be prohibited into White St. or that it be wade 1-way in a westerly direction. Mir. Page also said Mr. Shaw felt the access to the Morgan property was in the best place for it because 1) it hugs the property line and would provide access for the Racine property, 2) the fact that it does not make a right angle with Williston Road is not significant, 3) the left turns will not conflict between those turning into this land and those turning into kite St, and 4) the distance between the 4� 2. PLANKING COMMISSION APRIL 11. 1978 access and Hinesburg Road is great enough to signallize the access if the city wanted.- to. Mr. Poger said the access could make a right angle with Williston Road and then curve and hug the property line. Mr. Page said Mr. Shaw had felt the only awkward movement would be people coming left out of the property and then turning right into White St. Mr. Morency felt the signal at Hinesburg Road would give them time to do that. Mr. Schmucker said that the Subdivision Regulations require an angle of 800 on a street with public use, but he said this was a private right of way and he asked that the Commission not consider the 800 angle when two traffic engineers have said it is insignificant. He said the road could be altered later. Mr. Poger asked if it would be a hardship to make it a right angle with Williston Road and Mr. Schmucker said it would. Mr. Dona felt there should be a large turning radius on the east side of the access where it exits to the road. Mr. Schmucker said they would have Bruce Houghton lay out the approach. Mr. Woolery asked if the building could be expanded and Mr. Schmucker said they would artificially reimpose the line that existed when this was a three -lot subdivision if the Commission wanted, to insure that they could not expand a lot. Mr. Poger moved to close the public hearing. Mr. Morency seconded the motion, which passed with all in favor. Yx. Levesque came in. Mr. Woolery moved that the South Burlington Planning Commission approve the preliminary plat application for a 2 lot subdivision of the Morgan property, drawn by MACG. rev. 3 12 78. subject to the following stipulations: 41 1) The provisions in the "Agreed Statement of Facts", ,V1 - 10, shall apply, and be shown on the final plat, as appropriate. 2) Final utilities review shall be performed by the City Engineer. 3) The following required improvements are waived: streets, curbs, sidewalks, street signs, outdoor lighting, and landscaping. 4) Further development of lot 2 is predicated on level of service "C" conditions during peak pm. roadway hour for all approaches to the Williston Road - Dorset St. intersection and the Hinesburg Road - Williston Road - Patchen Road intersection, and upgrading of the access drive to a city street. 5) The site plan shall be amended to show a larger curb radius on the easterly s de of the access road. e motion was secondea by Xr. Morency, and passed unanimously. Continue public hearing on preliminary plat application of the Glenwood Corporation, Yr. Terrance Boyle Mr. Boyle described the plan and Mr. Page said that he information to the residents of Laurel Hill. Mr. Wessel sai Szymanski reviewed the sewer situation and does not think th changed significantly since the Paulsen`report was written. contingent on the developer bonding for sewer improvements. the sewer line was inadequate to serve the entire 200 units it could handle a portion of the first phase of the project. has agreed that City Hall can check the flow below the level to fill the pipes to make sure that the engineering actually in the field. He said the existing lines had given out d that Mr. e situation has Approval is Xr. Page said proposed but The developer that is expected estimates match what is could handle some additional BLUM ASSOCIATES, INC. LAWYERS BURLINGTON, VERMONT 05401 ACCESS AGREEMENT THIS AGREEMENT, by and between Brassard Automotive Services, Inc., a Vermont corporation, hereinafter referred to as "Owner", and the City of South Burlington, a municipal corporation existing under the laws of the State of Vermont. WHEREAS, Owner has applied for and obtained site plan and subdivision approval for the construction of a Midas muffler facility, located on Lot Two of said sub- division as recorded at Volume Page SP of the South r,---Lington Land Records. WHEREAS, the City of South Burlington, acting through its Planning Commission, has approved the applica- tion subject to certain conditions. NOW, THEREFORE, in consideration of the final plat and site plan approval of said Midas muffler facility by the City of South Burlington, Owner does hereby acknowledge and agree as follows: 1. That in the event the owner of the abutting property presently owned by Joseph Rene and Lucille B. Racine proposes a use for said adjacent property which is defined as a "subdivision" or site plan under the then existing ordinances and by-laws of the City of South Burl- oRqol snisrimc.ow flr4hs3 om rvmkEs? Prnw v220civjt-,7, OxTaPfua OT.qTugucE;a P?I-TSA8 C4 4:lJr- r-):E sofl(-Tj Dr;T.T- qc-ZTIIGq 9a 9 -(.jTAT2TOIJ, OL 274:G bTull nlyg(3-' C76 f-,UGU 93 Ap al-T Bar-TTYS fIRG; ZQL P.J-131--j C,4clCGU--L, �: T T2 broblc,L.pX ol,,Iur--,q p% gvq rnc,,.I-IG B- T �rIY6 omijoy- o:c 4:pe gpm: -Yua IIJ94: Tu 4:pc q. -4&j_GG- :LC:TT0Vt,: CTPX Ok 20rlrP B.ILITIla470-l" CImu(;T- (TOGR f-Tc]CV0X,,TG9(lG c-Tuc.; Uzi a.a fir, a', bP:i-,J cubbr-OAgT 0:[ 27-T9 WrTgu-2, A—'T:E-UG7 -7, PlTG MOM" JHFEFLOJ4r,L TU C0U?Tqsn4-PT0U OZ-, �'JLTG UU91 bTgl fTOlY anpGC4: ;---o CGLPSTU '0lJ9T4:T0ITL'* b -4 rpKoaaW TfR bl.'9UUTU(I COI;WJ7'R2TO;P IJ98 STUbtCAGCT PITS ',IT-1 TTC--- ,Allp 'EV21 -f-JJIG rTi:",k 04: PO.rjp--' (1:1 f-!'E; R")rl" I—T' T TlTdf-ou r9m., * jj-ATaTOU 9,- LGGoL!TGq 9.p j*j()3nw4;; WT-(tT'-TP WIIT.UGIw :L9Q'3'TTi-A' T0019,PCKJ tau -,-oi- ag,40 01. rz7g3 . q 2,'Tp- 0 04.: �- T)TSIV cjbbT-0A9T �6-01� PIIG u-0IMPL.-`7 T U -po ua I c4,jq �pj-rG C;T-:h o.0 U Y. A T �:Ga1, PA. 9Uq PGPMGSU VhgasgLCJ Vfl!-OlfJ0f-'TAG WGIEP-2 VelYr-THE141 ington, therefore requiring the approval of the City Plan- ning Commission, then Owner does hereby give to the City of South Burlington, by and through its Planning Commission, and at its sole discretion, the option to provide for and Demand that access from Williston Road for the benefit of said adjacent property and its proposers use be located over the existing 610 foot reserved right of way which was established by Owner to service its Midas Muffler facility and which is set out on the Midas Muffler subdivision plat recorder. in Volume Page of the South Burlington Nand Records, Said access shall be provided by granting a right of way to the owners of the adjacent property over said 60 foot right of way. 2. That said process shall be without cost to Owner. Owner shall not be responsible for any costs of whatever nature necessitated by the City Planning Commission requiring the adjacent land owners to use said right of way for access, including but not limited to the cost of up- grading said right of way to accomod.ate the requirement of the adjacent land owners. The parties shall share the cost of maintaining said right of way based on their proportionate use. 3. Owner will not interfere with. the subsequent ability to use said right of way for the purposes of vehicular ingress and egress from Williston Road to said adjacent parcel. 4. By execution of this Agreement, Owner for BLUM ASSOCIATES, INC. itself, its successors and assigns, in no way consents or LAWYERS BURLINGTON, VERMONT 05401 - 2 - 02:to 1 6iwriwQ.Low, AEi34,4omi rvmApisa BrflW V220CIVIE'," 114C* oa- GlYGGIMPTOU 01 f-jJT-1 VdJ�G41,QGljj:' OAIICL COL. cc,- rz, T TIJU _LOW P-TT-.T2.roj.- 909q ;=O PgT(3 9013�`�,i-jp ,Iac.; agTu T-'-TdJj": 0,� ACIN :Loy- -JJG briLboa-Gza o,- . I I I- L .P-,-JG vrlpac, CIE WVTlYf-,aF:,FIITr?d U3-Tq YT(ag�p 0msA rlga�cf au PJJG-.Ty- aar,- -P'PiG ';PVJGi--Z— TUG 'DlYLrTGa C!jq'y]aWqXC, 4:pG COL-f a-T-U-qj-Ua BUT ----I T-TaMP 0; 1497A re jC:CC)j:,,Oq7.pC, .--PG T.GdrTr-C-J.V-GU-l-- Or :CL UCCCZ;R' TUCj-fl--TUB. pri a JTjZTpG(j po --o f 0 nJ)_ OJMLGJ'-? 4--L-1 f72C, &YrT'A -,-.Tapf- ot. ,N%gA PI �PP3 Cj-iP,% oj--Ji4;TTJel GQ,,.UTUaTOlj O.IAI!GL S",V4- .: P :[OM r10, Gopa tD� ll--� P 'I T(.T a, F I qj j po -�T �-VC) "-I r k+o a f- ,-o OMUGja 0; ZjIG gq,3rCGU�- "Di '3(acc, P, a pjj'p';- bX .)A T(JM9'5 P TIT(Di 9 'LTCkIJ,,r- O.E tAUA. go mPliG OT }pG --os7-gj; r q prn.-Tir(7,4�or T Onr 01; f.-T4'c,- ATC11.92 v4i'lUJ3T- Tu DA Tf:2 'piTC142 tIjJf--jJ Tom? Rer. GXT2�PTUI{-' P,) j 00; T.C;2�T,At3q 0� pLj", bljJTCf-T M92 "�8PgPTT7 -Y sq gua- TPE bmObO?G'f I-YR(; "3 OAG'k 4:IJG 9ccGu? :CLO-: 1"TT TT?4:ciy 7--2 207G -FO bT-OAT,.J;:; LOf, acl7,'.T, P? I PJLOMaP Tr2 UTW3. COE-Wi- --:"-:,TOJJ �JJGU ('),6A,1JGL (TO,32 JjGLGT";� (IIAG f:Cj I I agrees that any portion of or all of said area to which this reservation applies should or shall be used for highway purposes other than for access to the adjacent property, and it shall be free to contest, block, fight and/or oppose any attempt by the United States Government, the State of Ver- mont, or the City of South Burlington, or any of their agencies, officers, boards, etc., to take, buy, condemn or use said reserved area or any portion thereof as a highway or for any other purpose other than access to the immediate, adjacent, easterly property as hereinabove referred to. 5. Owner does hereby acknowledge and agree that in the event of transfer of parcel #2, said transfer and conveyance shall be made s.,_,.ject to this Agreement for a right of wall "` access to the adjacent property. b. It is acknowledged and agreed that these terms and conditions, and this Agreement itself, shall be null and void and of no further force and effect upon the filing in the Land Records of the City of South Burlington of a plat as approved by the South Burlington Planning Commission depicting the development or subdivision of said adjacent parcel, or upon the approval of a site plan by said Plan- ning Commission, if said plat or approved site plan does not depict the access to said parcel as proceeding through a portion of the reserved area as hereinabove defined. This Agreement shall be binding upon the parties BLUM ASSOCIATES, INC. - 3- LAWYERS BURLINGTON, VERMONT 05401 aidi doin'w Od seas b-Ij5p, 10 io no-., toc YfIl., Izlfj a),-Viaor, yriwIpii4l'. 10a beaL ga III--,ria 10 b-loof-AlF, ael.Lqqf, bits yl*leqo-tq JaenzLbb :w,jjj .jotn.611.j ynz seoqqo ic.-,\bjjs -�rfpj:ij;Yr�oof gg,al 9d -19V 10 3Jj.•ja gdj yd. -119dj, 10 ynr-- -to yjj-� -1,0 Jnc?�, 0 4 to amobnoo yud sAzj of -OJe ti Cbizod '27SO114-0 aq!DnsPz yBwAlpid B ef logaefli noliloq yl;b ao Z�E�aL bavaqa3l Wza e2L aili c;j satauoz I-mdd 7.91fJo qaO(j7uq -ieiijc ynz-. 70� 10 -Oj 9v0d6flielsil as yjigqolq yjjsjeEe �Ajosti)E zJzIQ su s of 9ptb9.Lwc:)nxoE ycjf)jerj v t3 A j nt .YjaqqOlq inc°.,A4tbB qffj Od aaoOos n�- - 10 JhPil I V baz IlLf,. qd A -I! , 4 pallil f3ffj floclu zfoel"� Ems or, 'to bff.G idiov ff.-iIjoe 10 -j:tiD 5.rllzt wil vd bovo-,qqz e.,b .tuoP- -qfj. Jnq;3stj3s b.!Be lo aolelviLdLa %c jn9jrqo.[svqb edJ pailoiqa1i birse yd nziq ezfla c ao I r-, i , c., xq ', .(ioqu q r, �3,f , �, 9:tla bs-vo-sqqs -to -Islq b.1.5a. 11. 'nolaalf"allo'.) pilill aj� lstr:rsq bize of F,89006 glij -loa as selz bqvj!qzq-f s.Nrizt to nol.1-toq e9l:,47sq OA:� goqu pnihald qJ Miria JasweeapA alit-l' J711 23TAIOOUA MUJE 85iJYWAJ Tl4OrARMV MOTOOLIMUd 1 03-MC hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereunto set their hands and seals this 1,Iq day of 1978. IN THE PRESENCE OF: BRASSARD AUTOMOTIVE SERVICES, INC. L"14 '0 Duly Authorized Agent CITY OF SOUTH BURLINGTON BY: Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At this^' day of Z'%l it key- 1978, per- sonally appeared -the above named David Brassard , duly authorized agent for Brassard Automotive Services, Inc., and declared the above to be his free act and deed. Before me NOTARY PUBLIC STATL OF VERMONT COUNTY OF CHITTENDEN, SS. At this day of 1978, per- sonally appdared the above named LL,1 �i 4— 4 77-7=77- - , duly authorized agent for the City of South Burington, and declared the above to be his free act and deed. Before me NOTARY PUBLIC BLUM ASSOCIATES, INC. LAWYERS BURLINGTON, VERMONT 015401 -4- CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record R r (A Ssa r� ���d.,.,�7►,,Y J�v �r c J, LC/ c� ( � ►n r S� b. Applicant c . Contact person c C -i c 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well as proposed use(s). 3) Applicant's legal interest in the property (fee simple, option, etc) ! % J / 4) Namesonf owners of record of all contiguous properties Sv RA ��uy}oo 1✓,st�r,(lt) AVI(-,rHcII\(ACIv.r, roV►.,i-v���.,,� , Q�,� /4'IV,Hsd 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. ~c:Sr`S S J)12 1e01 AV16' cl-4i �S ��c� �1 !� -2- t 6) Proposed extension, relocation, or modification of municipal facilities such as sewerage, water supply, streets, storm drainage, etc. ieXJKti C� S e w-ey- t1 L41� w:k f e V 7) Describe any actions taken by the Zoning Board of Adjustment, or previous actions by the South Burlington Planning Commission, which affect the proposed subdivision anoinclude dates: F/U�tiiK, �ow,n,isSt�-, i��rcJapp� �nr I /l , l 97F5 akd Ttn�a�} 8) Attach a sketch plan showing all information required under items 2 through 7 on p. 5 of the Subdivision Regulations. (signature) applicant or contact person date FOR OFFICE USE date - sub-nission of application and sketch plan to administrative officer - this proposal is classified as a major or minor subdivision - application deemed complete - proposal tentatively scheduled for first Planning Co::lnission meeting on Confirmed For 4916 N -.W W-M --A4V4&.L- 1 � ADMINISTRATIVE CHECKLIST PROJECT NAM /FILE REFERENCE -'` 1. LETTER O N I ICAT ION & APPROVAL MOT ION OR FINDINGS & ORDER 2. BOh7DING OR ESCROW AGREEI4ENTS LAI•TDSCAP ING RO,7-D S CURBS ` s !Dz' ' �LI:s (NOTE ALL RELEASES ASES OR AGREEMENT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED & SITE_ ' INSPECTIONS COASPLrTED, ETC.: �k -7/-,7151725 4. UTILITY EASEMENTS *, BILLS OF SALE i -- R ECORD ED _ ACCLP T ED 5. CERTIFICATE OF TITLE DEEDS FOR CITY STREETS ACCEPTED PRIVATE ROAD & WAIVER /AGREE14 ,NT x ` F . FINAL PLAT OR RECORD COPY - STAMPED - SIG ID, & FILED OR RECORDED 3. PIDESTRIAN[ EASEMENTS ACCEPTED & RECORDED ' FILED i. MISCELl-,ANDOUS AGRE'�tiiENTS LA.IFD FOR ROAD VI DENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SI'ztRED ACCESS POINTS OTHER PY -OF.---SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES F ks P`ATE o. ry BUILDING P::-Ml SP. : ER R CR=.-`_� IG:I (R �O=+D C LC'JL_!-.T IONS AND D�POS IT is: rCCOU;;T 1 i.e., "013 SCHOOL CAR COU:.TS TV : MNIi7 rt/RLIAb'I N P-L AN1V iNG COWI53I0N FROM: GXFIEYE MD1C.AN, DAV'ID and MICHAEL BRASSApp, and rR1TGE h0l:rHTON, Traffic Engineer DATE: MA CH 21. 1978 RE: SUBDIVISION APPLICATION, MORGA.ti PROPERTY, SOUTHERLY SIDE I F WILLIST(V ROAD AGREED STATEAf-dNT OF FACTS The undersigned wish by this Memorandum to place before the South Burlington Planning Commission an a.arpd upon Statement of T'acts wt:ich have been arrived at to date through negotiatic,ns 1`ctwP,,r, themselvC.F a,au through work sessionk, vit'n Yr. Steve PaT:e and rfr. 'ticl r 1. David and Michael. Rrasnard rrt,se;itly have purc !mtip tptio-,js on the property known as.,11s�e Fr,ictj r'rvg oii . hc: 6outherly sl. s of Will l atov Road and on the propprt . r, f J. 2. Racine whirl. ad `c iT�c t : 11' Frfl i. Frys property to the east. I^ .,:di+.loci, -'avid anei �',c�,.s J 'Irassar harvr an option to buy all of the property ouiiod Fv Genevieve •!,,,rgan s - fated southerly of the Al's Frenc}: Fr, s property. These ;oro wrt ses ar - more clearly on Subdivision app: icntI*,, documc;n13 vrhi.ch l,avt_ hoer prese,.tu to the South Burling tot Piarnr.inp. Coruuissi(),;. with: 2. The Br,sagar,,s at;,? ; .•nevi,•ve T.k,rptan propos t.t, Int fit If) txIViR:.;_`. (a) The proper-t°✓ ) f'r ,pie-' by Al'S Y'PP } F 4 >.I ata survey submitted with (b) The Midas lot and a?I. of the remai.ni.n;,. •krpsn rr jrer'y as shown oj the aforesaid survey conprieing the secon,l lot. 3. Said subdivision will be served 't,y a 6o foot right of vav with a 22 foot paved travel way as Gbm"M on the aforesaid survey. Said ri,-l:t i f wry will be used by the Brassard*, their heirs and assigne, and by Ce_nevi,7�vc. Pbrgnn, bar heirs and assigns. 4. The Brassard brothers agree that in the event they exercise their option on the Racine property and become owners thereof, that the Racine curb cuts now exiting on Williston Road will he closed and access will be limited to the aforementioned 60 foot right of way. S. In the event, however, the Rraasard brothers do not become the. *wars of the Racine property, they will nevertheless by contractual document satisfactory to tilt City of South Barllugton permit its Planning Commissior; 4. That Seller agrees to subordinate the mortgage hereinabove referred to to allow the Buyers to ob- tain construction loan financing for the erection of a building or buildings on the property shown on the plan attached hereto. 5. That the Warranty Deed shall contain a provision denying Buyers, their heirs, successors or assigns, permanently, from dispensing food of any kind on the premises, and specifically barring any kind of restaurant including fast food restaurants, ice cream -establishments and/or snack bars, although coin -operated machines dispensing food products and grocery stores will be allowed: the deed shall like- wise contain a provision denying Buyers, their heirs, successors or assigns, for a period of three years, the right to maintain an automobile undercoating operation on the premises, and further shall provide that no building shall be closer than 120 feet from Williston Road. to impose ingress and egress to and from the Racine property by and through the 60 foot right of way previously mentioned. 6. Furthassors, Genevieve Morgan agrees that at suck. -time as the crave! way shown within the 60 foot right of way is constructed -and the Midas Muffle- Shop as shown on the plans presented to the South Burlington Pl.anninp Commission is constructed, the easterly most curut serving A.l's Fre,ici, Frys which now exists will be closed. 7. Genevieve Morgan further agreeR, that at suc+' t:me asall remainder of her property is fully developed (that rcion c.f O.c ',-rea, property not part of the Midas Muffler tieveio t ) t')eii tht tn' S i l e curt cut ab it now exists serving Al `s Frenc,t Fry will o•i:. !lis tas�rer:nen not intended to impede and will. not in;ped the Pl,:.at--.iri; oiari>'aio!r the performance of its functions under %Ite , lan revie4 o >s.l s.:- ^t French 1'rys property i:i the event tf ttiat propert is r as to :x•icm them through site paan review or s,,/,* future uge. 8. Genevieve '-borKaii further agrees t at 13uch tine : t,,t1, A'-- It curb cut now sarvinr 1's French ryb t7 ioNed ut Cer t:c fr. next above paraj, raFti, t :M tt.a mosr wr Lc•; .lv c.,trh c , ,er r• i Frys will be converte.l for right -tom , in traffic 0 ;.N'. t'. Genevievv ",c—, . rl:e line. between the ti f r t will i;e straightene c t r• 'a previously Sul mit t trc9 10. The Arapsar application pro�,crset: tl:• r: f for use as ;i 4i„as brothers in rtit, futui e rct„ ,:r. ; Commission .eek a their desit p when a subdivisie., AGeieve Morgl—n David Brassard "ref fire r , 2'0� rF+ c 6.1 ^rabo*d ti1� f 't August. 2, 1078 Mr. Paul Jarvis P.O. Box 299 Burlington, Vermont 05402 Re: Access agreement, Brassard '3rothers and abutting (Racine) Property Dear Mr. Jarvis: Enclosed is a sample of the type of agree:-nent we would like to see executed and recorded. I have attempted to make some corr- ections so that this document is more applicable to your situation. I suggest you carefully review the worPing with your clients. Please copy myself and Dick Spokes on the draft you propose. Sincerely, Stephen Page, Planner SP/mcg 1 Encl. cc: David Brassard Files r r ACCESS AGREEMENT THIS AGREEMENT, by (hereinafter referred to BURLINGTON, a municipal of the State of Vermont. WHEREAS, Owner has a s„bd "-_ __-_ for the cc c�IT p r-Gj. #, -y , til c.E�( 7 -A-4 and between.., • rt,; a 1 1 as "Owner"), and the CITY OF SOUTH i corporation existing under the laws r; applied for and obtainedvapproval orb nstruction of a L00 unit housing located ad-i-aecrtt *-=— r_ �y Road in the City of South Burlington; and WHEREAS, the City of South Burlington, acting through its Planning Commission, has approved the application subject to certain conditions. NOW, THEREFORE, in consideration of the final plat fSrT�'�1�#-� approval of said f6r the elde-r .,�:i-v=c,. by the City of South Burlington, and other valuable consideration, receipt whereof is hereby acknowledged, Owner,does hereby acknowledge and agree as follows: a and r o .a a s R Qnt- to-arrd--sty e l y-o -the--per-r ce l rD d- or h n.g.ton . L ZsT z . CF t5tAD PC- ^- v -V:: r i�T Z Jyl-1 D S`\itil �, ( l D' C-P�:'1-(G 2. -h t cce to s vice id adj ac t prope ty m y r; prow d rou h a p ti n o he p ope�'Omp ,-e housi g for eld y. That, in the event proposes a use for said. adjacent property which is defined as a "subdivision" or "deye epmA t" under the then existing ordinances and by-laws of the City of South Burlington, therefore requiring the approval of the South Burlington Planning Commission, then ` Owner does hereby give to the City of South Burlington, by and through its Planning Commission and at its sole discretion, the option to provide for and demand that access for the benefit of said adjacent property and its proposed use be f�4 Q CvO' located over e paace • - • �__��:.:�R•S�iiT�1�C:�"i��/�A•[�•i�•��)•[•�w•[:a•[:[•)�iT►il3i�li • being more particularly described as follows: V eginning at a point marked by an iron pin, aid p in located in the westerly sideline ofATinesburg Ro (Vermont Route 116) and further king the south sterly corner on a recorded at entitled "Site P n - Country Park Apart ts, for Forest Park RealX May 31, 19 ," and approved by the Cith Burli on Planning Commission; thence pr37� 00" W in and along the westerly nesburg Road 180 feet to a point; th' g o the left and forming an included le an roceeding westerly to the intersectthe sout ly or southwesterlyboundary forementione roperty (d�thence icted as 540. feet on said aforementi d plat) turni %to the left, forming an acute eluded angle and oceeding S 84° 44' 18" E to the po or place of ginning. -2- IM 4. Owner will not build any structure within or upon that portion of its property immediately hereinabove described, s or in any other way interfere with the subsequent ability to �lL :.. use said property or portion thereof for purposes of vehicular ingress and egress to said adjacent parcel from Road. S. By execution of this agreement, Owner for itself, its successors and assigns, in no way consents or agrees that any portion of or all of said area to which this reservation applies should or shall be used for highway purposes other than for access to the adjacent property, and it shall be free to contest, block, fight and/or oppose any attempt by C— the United States Government, the State of Vermont, or the City of South Burlington, or any of their agencies, officers, boards, etc., to take, buy, condemn or use said reserved area or any portion thereof as a highway or for any other purpose other than access to the immediate, adjacent, southerly property as hereinabove referred to. 6. Owner does hereby acknowledge and agree that in the event of transfer of t, parcels el4eT-I-y—, said transfer and conveyance shall be made subject to this agreement for an easement for access to the adjacent property. T r ies cond ions o appr re�y dock y the C ledge �one�of the South Burlington -3- Planni Commission is the extension Xion o a sidewalk along the entire frontage ofusing lot on Hin sburg Road. The City of Sn does r hereby waive the necessity�of construsidewalk within the 180 oot wide reserved arime as final action is t ken concernin the use of a portion or all of the reserved are for ro way and access purposes to the adjacent property. completion of said roadway for access, or upon th de 'sion that the use of said reserved area, or any p tion the of, is not necessary for access purposes t the adjacent p perty, then Owner shall be obliga d to complete the re irement of constructing a sid alk across said reserved a ea to the southeasterly corner of the approved subdivision It is acknowledged and agreed that these terms and conditions, and this agreement itself, shall be null and void and of no further force and effect upon the filing in the land records of the City of South Burlington of a plat as approved by the South Burlington Planning Commission depicting the development or subdivision of said adjacent parcel, if said plat does not depict the access to said parcel as proceeding through a portion of the reserved area as hereinabove defined. -4- C�L -,u This agreement shall be binding upon the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereunto set their hands this day of 1978. IN PRESENCE OF: Owner FOREST PARK REALTY CORPORATION By Duly Authorized Agent CITY OF SOUTH BURLINGTON By Duly Authorized Agent I -5- aw (00, a"Ou July 27, 1978 Mr. David Brassard O'Brien Court Williston, Vermont 05495 Dear David: This is to formally confirm the action of the South Burlington Planning Commission in approving your applications for final plat and site plan approval for the Midas Muffler business, on July 25, 1978. The minutes of the meeting are inclosed which specify the conditions of your approval. These conditions, plus the applicable requirements of the South Burlington Subdivision Regulations must be satisfied prior to issuance of a wilding permit; this includes recording of a final plat prior to 10/25/78, posting of bonds for landscaping and curb work, execution of the legal agreement giving access to Racine, etc. Please call if you have any questions. Yours truly, Stephen Page, Planner SP/mcg 1 Encl. City of South Burlington 1175 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 TEL.863-2891 July 27, 1978 14r. David Brassard O'Brien Court I9illiston, Verr::ont 05495 Dear David: This is to formally confirm the action of the Scuth Burlington Planning Commission in approving your applications for final plat and site plan approval for the Midas Nuffl-�?r business, on July 25, 19178. The minutes of the meeting are enclosed which specify the conditions of your approval. These conditions, plus the applicable requirements of the South Burlington Subdivision Regulations must be satisfied prior to issuance of a building permit; this includes recording of a final plat prior to 10/25/78, posting of bonds for landscaping and curb work, execution of the legal agreement giving access to Racine, etc. Please call if you have any questions. SP/mcg 1 Encl fe Yours trtruly, Stephen Page, Planner ACCESS AGREEMENT THIS AGREEMENT, by and between Brassard Automotive Services, Inc., a Vermont corporation, hereinafter referred to as "Owner", and the City of South Burlington, a municipal corporation existing under the laws of the State of Vermont. WHEREAS, Owner has applied for and obtained site plan and subdivision approval for the construction of a Midas Muffler facility, located on Lot Two of said sub- division as recorded at Volume Page of the South Burlington Land Records. WHEREAS, the City of South Burlington, acting through its Planning Commission, has approved the applica- tion subject to certain conditions. NOW, THEREFORE, in consideration of the final plat and site plan approval of said Midas Muffler facility by the City of South Burlington, Owner does hereby acknowledge and agree as follows: 1. That in the event the owner of the abutting property presently owned by Joseph Rene and Lucille B. Racine proposes a use for said adjacent property which is defined as a "subdivision" under the then existing ordinances and by-laws of the City of South Burlington, therefore requiring the approval of the City Planning Commission, then Owner does hereby give to the City of South Burlington, by and through its Planning Commision, and at its sole discretion, the option to provide for and demand that access from Williston BLUM ASSOCIATES, INC. Road for the benefit of said adjacent property and its LAWYERS BURLINGTON. VERMONT 05401 proposed use be located over the existing 60 foot reserved right of way which was established by Owner to service its Midas Muffler facility and which is set out on the Midas Muffler subdivision plat recorded in Volume Page of the South Burlington Land Records. Said access shall be provided by granting a right of way to the owners of the adjacent property over said 60 foot right of way. 2. That said process shall be without cost to Owner. Owner shall not be responsible for any costs of whatever nature necessitated by the City Planning Commision requiring the adjacent land owners to use said right of way for access, including but not limited to the cost of up- grading said right of way to accomodate the requirement of the adjacent land owners. 3. Owner will not interfere with the subsequent ability to use said right of way for the purposes of vehicular ingress and egress from Williston Road to said adjacent parcel. 4. By execution of this Agreement, Owner for itself, its successors and assigns, in no way consents or agrees that any portion of or all of said area to which this reservation applies should or shall be used for highway purposes other than for access to the adjacent property, and it shall be free to contest, block, fight and/or oppose any attempt by the United States Government, the State of Ver- mont, or the City of South Burlington, or any of their agencies, officers, boards, etc., to take, buy, condemn or BLUM ASSOCIATES. INC. use said reserved area or any portion thereof as a highway LAWYERS BURLINGTON, VERMONT 05401 -2- or for any other purpose other than access to the immediate, adjacent, easterly property as hereinabove referred to. 5. Owner does hereby acknowledge and agree that in the event of transfer of parcel #2, said transfer and conveyance shall be made subject to this Agreement for a right of way for access to the adjacent property. 6. It is acknowledged and agreed that these terms and conditions, and this Agreement itself, shall be null and void and of no further force and effect upon the filing in the Land Records of the City of South Burlington of a plat as approved by the South Burlington Planning Commission depicting the development or subdivision of said adjacent parcel, if said plat does not depict the access to said parcel as proceeding through a portion of the reserved area as hereinabove defined. This Agreement shall be binding upon the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereunto set their hands and seals this ac�-- day of A, 1978. IN THE PRESENCE OF: BLUM ASSOCIATES, INC. LAWYERS BURLINGTON, VERMONT 05401 BRASSARD AUTOMOTIVE SERVICES, INC. B Y : Duly Authorized Agent CITY OF SOUTH BURLINGTON BY: Duly Authorized Agent -3- BLUM ASSOCIATES, INC. LAWYERS BURLINGTON, VERMONT OTS401 ACCESS AGREEMENT THIS AGREEMENT, by and between Brassard Automotive Services, Inc., a Vermont corporation, hereinafter referred to as "Owner", and the City of South Burlington, a municipal corporation existing under the laws of the State of Vermont. WHEREAS, Owner has applied for and obtained site plan and subdivision approval for the construction of a Midas Muffler facility, located on Lot Two of said sub- division as recorded at Volume Page of the South Burlington Land Records. WHEREAS, the City of South Burlington, acting through its Planning Commission, has approved the applica- tion subject to certain conditions. NOW, THEREFORE, in consideration of the final plat and site plan approval of said Midas Muffler facility by the City of South Burlington, Owner does hereby acknowledge and agree as follows: 1. That in the event the owner of the abutting property presently owned by Joseph Rene and Lucille B. Racine proposes a use for said adjacent property which is defined as a "subdivision" under the then existing ordinances i and by-laws of the City of South Burlington, therefore requiring the approval of the City Planning Commission, then Owner does hereby give to the City of South Burlington, by and through its Planning Commisiono and at its sole discretion, the option to provide for and demand that access from Williston Road for the benefit of said adjacent property and its proposed use be located over the existing 60 foot reserved right of way which was established by Owner to service its Midas Muffler facility and which is set out on the Midas Muffler subdivision plat recorded in Volume Page of the South Burlington Land Records. Said access shall be provided by granting a right of way to the owners of the adjacent property over said 60 foot right of way. 2. That said process shall be without cost to Owner. Owner shall not be responsible for any costs of whatever nature necessitated by the City Planning Commision requiring the adjacent land owners to use said right of way for access, including but not limited to the cost of up- grading said right of way to accomodate the requirement of the adjacent land owners. 3. owner will not interfere with the subsequent ability to use said right of way for the purposes of vehicular ingress and egress from Williston Road to said adjacent parcel. 4. By execution of this Agreement, Owner for itself, its successors and assigns, in no way consents or agrees that any portion of or all of said area to which this reservation applies should or shall be used for highway purposes other than for access to the adjacent property, and it shall be free to contest, block, fight and/or oppose any attempt by the United States Government, the State of Ver- mont, or the City of South Burlington, or any of their agencies, officers, boards, etc., to take, buy, condemn or BLUM ASSOCIATES. INC. use said reserved area or any portion thereof as a highway LAWYERS BURLINGTON, VERMONT 05401 -2- or for any other purpose other than access to the immediate, adjacent, easterly property as hereinabove referred to. 5. Owner does hereby acknowledge and agree that in the event of transfer of parcel #2, said transfer and conveyance shall be made subject to this Agreement for a right of way for access to the adjacent property. G. It is acknowledged and agreed that these terms and conditions, and this Agreement itself, shall be null and void and of no further force and effect upon the filing in the Land Records of the City of South Burlington of a plat as approved by the South Burlington Planning Commission depicting the development or subdivision of said adjacent parcel, if said plat does not depict the access to said parcel as proceeding through a portion of the reserved area as hereinabove defined. This Agreement shall be binding upon the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereunto set their hands and seals this 'a�-day of 1978. IN THE PRESENCE OF: BRASSARD AUTOMOTIVE SERVICES, INC. BY: Duly Authorized Agent CITY OF SOUTH BURLINGTON BLUM ASSOCIATES, INC. BY: LAWYERS Duly Authorized Agent BURLINGTON, VERMONT 05401 -3- M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: Stephen Page, Planner Re: P.C. comments on Midas & Fassett.'s Bakery application Date: April 3, 197B The Con -mission has asked me to convey the following to you: 4.1 a A — — The Commission feels this use is not in keeping with the character of the surrounding area. Further, if grantee, this use could set a possibly irreversible trend toviard similar automotive oriented uses in the future on nearby -properties. '��gith reaarc to layout and access, the Commission will be setting access conditions aimed at the eventual goal of one major access for the Morgan and Racine properties. The attached sketch conceptually sho,rs how this might occur, and relate to the possible relocation of the end of ,hite Street. Layout on the property is beina oriented to provide access to all abutting properties (see sketch). Fassett's The Com,-miss ion lies no adver s e comments on the baker-- as a use in this area. However, they have some concerns about the traffic impact of the proposed retail outlet, as -,,,-ell as the relation of the access to properties across the street, and the Southern Connector. IQ CL c, i t-4 i -r;:-r //\&p — Gorr-P. P2OP�L'Iz'( .1 7/25/78 / SSP SUGGESTED MOTION OF APPROVAL - MORGAN SU1DIVISION AND MIDAS SITE PLAN I move that the South Burlington Planning Commission approve (a) the final plat application of David and Michael Brassard for a two lot subdivision of the Morgan property and (b) accompanying site plan for Midas Muffler, as depicted on 2 plans, (a) "Midas Muffler... Transit Survey", dated 7/25/78, drawn by John A. Marsh, and (b) "Site Plan... Midas Muffler Shop", dated 7/20/78 drawn by MACG, Inc., subject to the following stipulations: 1. a landscaping bond of $4500 shall be posted; the amount of credit allowed, up to a maximum of $2,000, for existing vege tation, shall be as determined by the Tree Committee after con- struction is completed. 2. Access to the lots (which shall be numbered on the plan to be recorded) is correctly shown on the final plat and is further governed by the stipulations made to the Zoning Board and Planning Commission, dated 5/15/78 and 3/21/78 respectively. 3. the stipulations of preliminary plat approval remain in full force. 4. bonds for closing of old curb cuts and installation of new cuts shall be as determined by the City Engineer. 5. site plan approval expires 6 months form this date. 6. the agreement for providing access to the Racine property shall be approved by the City Attorney, prior to the issuance of a building permit. �IZE �P�J�X�ritE�Y� �Eii�.q�YMr�P�'S DORSET STREET OFFICE OF CHIEF ENGINEER 863-6455 CITY OF SOUTH BURLINGTON, VT. July 20, 19 78 Mr. Sidney Poger Chairman City Planner City Of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Dear Mr. Poger, On Wedncsd,9y July 19, 1978 plans have been reviewed by this office on the Midas Muffler subdivision. At this time we there will be no problem in given proper fire protection on the building. If in the furture additional buildings are to be built on the property a new water main and hydrants will be needed. If you have any questions please feel free to call me at 863-6455. Sincerely R,' s W. Goddette Sr Chief April 14, 1978 Mr. David Brassard O'Brien Court Williston, Vermont 05495 Re: Morgan property subdivision Dear Mr. Brassard: This is to formally confirm the action of the South Burlington Planning Commission, at its meeting of 4/11/78, in approving your preliminary plat application for a two lot subdivision. The minutes of the meeting are enclosed, which specify the conditions of your approval. When you have submitted a final plat which satisfies the applicable conditions of your approval, and the final plat requirements of the subdivision regulations, I will warn a hearing for the final plat. Call if your have any questions. Yours truly, Stephen Page Planner SP/mcg 1 Encl cc: Attorney Ronal Scbmucker Mrs. Genevieve Morgan 3/28/78 SSP SUGGESTED MOTION OF APPROVAL - MORGAN SUBDIVISION I move that the South Burlington Planning Comiission approve the preliminary plat application for a 2 lot subdivision of the s•Iorgan property, as depicted on a plan entitled "...Midas Muffler Shop... Site Plan...", drawn by I'IACG, rev. 3/12/78, subject to the following stipulations: 1. The provisions of the "Agreed Statement of Facts", #1 - 10, shall apply, and be shown on the final plat, as appropriate. 2. Final util_itites review shall be performed by the City Engineer. 3. The follo-:,ing required improvements are waived: streets, curbs, sidewalks, street signs, outdoor lighting, and landscaping. ^. Further cevelopment of lot 2 is predicated on level of service "C" conditions for all approaches to the 2 nearest signalized intersections, and upgrading of the "Midas" drive to a city street„ "S: 1?ZXAus - McWr. T 44aOL: r'Foe- -Z- bF `? tL-1�'10q �C 3/28/70 �qJP SUGGESTED iMOTION OF APPROVAL — MORGAN SUFMIVISION I move that the South Burlington Planning ComZission approve the preliminary plat application for a 2 lot subdivision of the 1,40rgan property, as depicted on a plan entitled "...Midas Muffler Shop... Site Plan...", dram by 14ACG, rev. 3/12/78, subject to the following stipulations: 1. The provisions of the "Agreed Statement of Facts", #1 - 10, shall apple, and be shoran on the final plat, as appropriate. 2. Final utilitites review shall, be performed by the City Engineer. 3. The folloring required improvements are uaivee.: streets, curbs, sidewalks, street signs, outdoor lighting, and landscaping. ^. Further development of lot 2 is predicated on level of service "C" conditions for all approaches to the 2 nearest signalized intersections, and upgrading of the "Midas" e3rive to a city street. U MAC I N C O R P D R A T E D DESIGN/BUILO BOX 137 HINESBURG. VERMONT 05461 (6021462-2120 21 July 78 Brassard Automative Services, Inc. Pine Street Burlington, Vermont 05401 Att'n: Mr. David Brassard J RE: Proposed Midas Muffler Shop, Williston Rd., S. Burlington, Vt. Dear Dave: The following is a review of the S. Burlington zoning regulations in reference to the above project and as to how we interpret and feel said project is effected by said regulations. 1. "Midas Muffler Shop" is an "automotive service station" (sec. 15.103). It requires a minimum number of parking spaces 101 x 16' (sec.13.40) equal to one (1) space for each 500 sq. ft. of (not including display) floor area (table 1). Because the proposed building will also include office space this area would require a minimum of one (1) parking space for each 200 sq. ft. of floor area. 2. In all districts where permitted or in this case allowed, "auto service stations" shall be screened from all abutting properties by plantings or attractive solid fencing to screen all outdoor lighting and parking from the view of the ground floor of adjacent building5(sec. 11.705). 3. According to the regulation (sec. 11.703) you are allowed one (1) driveway for lots with less than 200' of frontage and no more than one (1) additional driveway for each 200' of frontage in excess of 2001. 4. There is some ambiguity in the defining of a "street line" and a "property line" or "right-of-way line" and seemingly they are synonymous (sec. 15.122). This is more clearly stated in the definition of "yard, front" (sec. 15.128). The key being that the "yard"is on the same lot, which would mean that it would be within the property lines of said lot. S. The "green space requirement" so called, as defined in (sec. 11.702) the regulation states that not more than 500 of the front yard shall be used for drives and parking, the balance being "suitably - 2 - landscaped and maintained in good appearance". In addition a continuous strip fifteen feet (151) in width must be maintained along the frontage as a "green space", traversed only by driveways. This strip shall extend "between the street line and the balance of the lot", which means on the lot within the property line. 6. The "BR" district requires 20,000 sq. ft. of lot size with 100' frontage (min.), 15' front yard setback (min.), 15' side yard setback (min.), 30' rear yard setback (min.) and a lot coverage of 40% maximum. The following conclusions can be drawn: 1. Building size: Service and related space 50 x 120 = 6000 sq. less display 10 x 10 = (100) less office 20 x 20 = (400) 5500 sq. ft. ft.: 500 = 11 Office space lower 20 x 20 = 400 sq. ft. upper 24 x 35 = 840 it " 1 6 sq. ft . !- 200 = 6.2 Total minimum required parking spaces . . . . . . . . . . . 1� (remember this is a minimum rquirement and there is nothing in the regulation that limits (maximum) parking except the "green space") 5. Front Yard: Green space 11,4326 = 500 Paved area 11,2329b = 50% Totals 22,664ib =M% = 79' x 287' 6. Lot Size: 48,3596 = 1.11 acres (greater than 20,000t ) Max. Coverage: 40% or 19,344b (with planned coverage of /1 6,OOOda initially.) Very t ly yours M A C G In orpo Jona a ted bwan, president $450.00 = 150.00 @ 150.00 = @ .150. 00 = @ 750.00 = 160.00 @ 200.00 = @ 800.00 = 40.00 @ 80.00 = 40.00 @ 60.00 = @ Total $2,500.00 New Landsc `i CWIA P n 1 i Existlg2,000.00 $4,500.00 Total budget at 3% of $150,000.00 Existing trees 10" maple @ 800.00 8" maple @ 700.00 Clump birch 300.00 All other 200.d_U Total $2,000.00 MIDAS MUFFLER SHOP WILLISTON RD. SO. BURLINGTON, VT. BRASSARD AUTOMOTIVE SERVICES BURLINGTON, VT. I, kyI N6R - - J-- - -- - co► ft- ' S M 1 DA S .:::.................... Lc O R A T E D �OESIGNiBUII.O IG , V ERMONT 05481 i MIOAS MUFFLER SHOP WILLISTON RD. SO. BURLINGTON, VT. 8I BRASSARO AUTOMOTIVE SERVICES BURLINGTON, VT. IRI-11-- I- - -- -- 416 ewwu�Au el, i;.�L� LH-C-v LIEL)� ALIGNMENT BRAKES I SHOCKS MUFFLER MA BOX 137 HINESSUF Date Received By Date Applicata ) Complete5and Received BY __ 4 BY :;"-qL_ CITY OF SOUTH BURLDJGTON APPLIr'' ION FOR SITE PLAN RSV IE °7 1) NAME, ADDRESS, AND PHONE NU14BER OF: (a) (24mer of Record &OV4,A.1.1 (b) ApplicantA� (c) Contact Person 2) PROJECT STR'-ET ADDRESS 3) PROPOSED USJ (S) 4) SIZE OF PROJECT (i.e., —' of- units, floor area, etc. 5) N JMBER OF MPLOYEES (full & part time) 6) COST ESTEIATES: (a) Buildings coo (b) (b) La n6 s caping (c) All Other Site Lmprovements (i.e., curb work) _ 7) ESTD-UTED PROJECT C0I•1PLL13TION DATE 8) ESTIi-LATED AVERAGE DAILY T?.AFFIC (in & out) 9) P . A.K HOUR (S) OF OP ER.AT ION 10) ? EAK DAYS Or OP SAT ION i 1 -- �TE S IG' AT "IE OF '.PPLIC.ANT 4; 7/&1/76 uA L, fit{ �sr9 _ -)j 14- 4 1 r4, 7r-ol� Cu� -41a 4�e A-4 M E M O R A N D U M To: Abutting Property Owners, Morgan Porperty From: Stephen Page, Planner Re: Reconvening of public hearing on final plat application of Brassard '3rothers for subdivision of Morgan property Date: 7/19/78 This hearing will be reconvened on Tuesday evening, July 25; the Commission meeting starts at 7:30 p.m. and I anticip<te the hearing will start at approximately 9:00 p.m. As part of this application, the site plan for the proposed Midas Muffler will also be reviewed. M E M O R A N D U M To: South Burlington Planning Con-ni s s ion From: Stephen Page, Planner Re: Next Meeting's Agenda Itens Date: July 7, 1978 41-3 Brassard Public Hearing - The applicant has requested a tabling of this hearing until July 25. 4 Blair_ Farm Subdivision - The proposal is to divide an existing 'Tr of 100 acres into 5 lots - one for the existing far;n'house and barns and the 4 others for ntia single family dwellings. Three of the proposed lots have conforming road frontage - the two "}D---ck" lots ( 3 & 4) have no street frontage z,nd access is proposed via privpte rights of way. The reservation of land along the south property line, for a future proposed East -,Test street in the Plan, should be requires. A pedestrian easement along the west property line should be considered. Proper sight distance for the northerly curb cut should be confirm:-d by the developer. "5 Air North Hangar - The amount of landscaping is adequate although not fully sho;•m on the plan. This can be resolved administratively and should be as attractive as the present plantings in front of the existing :sir North Hangar. Circulation and parking are o.k. Access is also o.k., provided an existing curb cut, used on an informal basis, is closed. #6 Burger K_i_gq - This is a new application, to add a drive in wincow, tq the recently approved conversion of Trig Burger to ;urger King. I believe the various aspects of this proposal have been throughly hashed out at the previous site plan review. I still maintain that it is impossible to provide the necessary parking, circulation area, or landscaping and approve this application. In addition, one of the major pointsof contention regarding access was the amount of new traffic to be generated by the franchise conversion; new traffic counts after Burger ring is well established would verify or disprove the applicant's contentions. #7 UV14 Bus Shelter - This proposal is subject to review under section 13.85, Bus Shelters, of the zoning ordinance. I see no substEntive issues although there is opposition from nearby residents on Spear Street M E M O R A N D U M To: Abutting Property Owners From: Stephen Page, Planner Re: Reconvening of public hearing on final plat application of Brassard Brothers for subdivision of Morgan property Date: 7/3/78 On June 27, this public hearing was recessed until July 11, at the request of the applicant. No testimony was heard and no action (other than recessing) was taken on this application. The applicant last week requested another recess in order to more fully prepare his application. You will be notified, as soon as possible, of the date when the Commission will begin the actual review of this application. cc: files r PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road, South Burlington, Vermont on Tuesday, Feb. 14 1978, at 7:30 p.m., to consider the following: Preliminary plat application of David and Michael Brassard for a commercial subdivision consisting of a 5.1 acre parcel —with a restaurant, to be divided into 3 lots of 1.2, 1.1, and 3.2 acres each. at 1251 Williston Road. The proposed subdivision is bounded on the north by Williston Road, on the east by lands of J.R. Racine, A, Pomerleau, and R.' Unaworth, on the south by lands of D. Olio and on the west by lands of South Burlington Realty Corp., the South Burlington School Department, and D. Alling. Copies of the application are available for public inspection at the South Burlington City Hall. William B. Wessel, Chairman South Burlington Planning Commission 1 28/78 Antonio B. Pomerleau 184 S. 1,1inooski Avenue Burlington, Vermont 05401 Dominic C. Olio 57 Hinesburg Road South Burlington, VT 05401 Joseph R. Racine 1291 TAlliston Road South Burlington, Vermont 05401 Dana Alling RFD .2 Williston, Vermont 05495 South Burlington School Disctrict 550 Dorset Street South Burlington, VT 05401 Ray Unsworth Box 241 Burlington, VT 05401 South Burlington Realty 366 Dorset Street South Burlington, Vermont 05401 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road, South Burlington, Vermont on Tuesday, June 27 , 1979, at 7:30 p.m., to consider the following: Final plat application of David ad Michael Frassard for a commercial sii^division consisting of the division of a 5.4 acre lot ,A 1251 Williston Road into two lots of 1.2 and 4.2 acres. The proposed snbd.ivision is boi.anded on the north by Williston Road, on the east by lands of J.R. Racine, A. Pomerleau, and R. Unsworth, on the so»tr. by lands of D. Olio and on the west by lands of Sooith Burlington Realty Corp., the Sotith Burlington School Department, and D. Allin g. Copies of the application are available for public inspection at the South Burlington City Hall. William B. Wessel, Chairman South Burlington Planning Commission June 3 , 1978 MEMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION 710M; GENEVIEVE MORGAN, DAVID and MICHAEL BRASSARD, and BRUCE HOUGHTON, Traffic Engineer DATEI: MARCH 21, 1978 RE: SUBDIVISION APPLICATION, MORGAN PROPERTY, SOUTHERLY SIDE OF WILLISTON ROAD AGREED STATEMENT OF FACTS The undersigned wish by this Memorandum to place before the South Burlington Planning Commission ait agreed upon Statement of Facts which have been arrived at to date through negotiations between themselves and through work sessions with Mr. Steve Page and Mr. Dick Ward. 1. David and Michael Brassard presently have purchase options on the property known as A1'sFrench Frys on the southerly side of Williston Road and on the property of J. R. Racine which adjoins the Al's French Frys property to the east. In addition, David and Michael Brassard have an option to buy all of the property owned by Genevieve Morgan situated southerly of the Al's French Frys property. These properties are shown more clearly on Subdivision application documents which have been presented to the South Burlington Planning Commission. 2. The Brassards and Genevieve Morgan propose a two lot subdivision with: (a) The property now occupied by Al's French Frys and as shown on the survey submitted with the Subdivision application as the first lot, and (b) The Midas lot and all of the remaining Morgan property as shown on the aforesaid survey comprising the second lot. 3. Said subdivision will be served by a 60 foot right of way with a 22 foot paved travel way as shown on the aforesaid survey. Said right of way will be used by the Brassards, their heirs and assigns, and by Genevieve Morgan, her heirs and assigns. 4. The Brassard brothers agree that in the event they exercise them: option on the Racine property and become owners thereof, that the Racine curb cuts now exiting on Williston Road will be closed and access will be limited to the aforementioned 60 foot right of way. 5. In the event, however, the Brassard brothers do not become the owners of the Racine property, they will nevertheless by contractual document satisfactory to the City of South Burlingtonpermit its Planning Commission to impose ingress and egress to and from the Racine property by and through the 60 foot right of way previously mentioned. 6. Furthermore, Cenevieve Morgan agrees that at such time as the travel way shown within the 60 foot right of way is constructed and the Midas Muffler Shop as shown on the plans presented to the South Burlington Planning Commission is constructed, the easterly most curb cut serving Al's French Frys which now exists will be closed. 7. Genevieve Morgan further agrees that at such time as all of the remainder of her property is fully developed (that portion of the Morgan property not part of the Midas Muffler Development) then the middle curb cut as it now exosts serving Al's French Frys will close. This agreement is not intended to impede and will not impede the Planning Commission in the performance of its functions under site plan review to deal with the Al's French Frys property in the event that that property is in issue before them through site plan review or some future use. 3. Genevieve Morgan further agrees that at such time that the middle curb cut now serving Al's French Frys is closed under the provisions of the next above paragraph, than the most westerly curb cut now serving Al's French Frys will be converted for right -turn -in traffic only. 9. Cenevieve.14orgar, and the Brassards agree that the common boundary line between the Al's French Frys property and the proposed Midas property will be straightened so that the irregular lip of land shovm on plans previously submitted, will be eliminated. 10. The Brassard brothers further af.,ree that approval of the subdivision application proposed for use by them as a Nidas Muffler Shop will be limited for use as a Midas Iluffler Shop. This will not impede, however, the Brassard brothers in the future from coming be.1-ore the South Burlington Planning Commission to seek a further subdivision of the Morgan pro-nerty as was their desire when this subdivision was a three -lot subdivision in its initial subdivision presentation to the South Burlington Planning Commissions. 11. Mr. Houghton, Traffic Engineer, states that he has taken additional. information over and above the information gathered by Mr. Richard Ward and shown on Mr. Ward's memo of March 1, 1978, and is on that basis able to confirm Mr. Ward's findings that the Midas Muffler Shop is a low traffic generator with trips distributed throughout its hours of operation with some minor peaking in the a.m. and p.m. Mr. Houghton estimates the a.m. peak hour trips to be 27 trips entering and 9 trips exiting, and estimates the p.m. peak hour trips to be 9 trips entering and 27 trips exiting. 12. Mr. Houghton further states that the intended use of the Morgan property as a location for a Midas Muffler Shop is a use which generates far less traffic than any use now permitted under business retail for which the area is zoned. -2- 13. Mr. Houghton further states that he was in communication with the Vermont Department of Highways and the contractor (Lafayette -Sheldon, Inc.) from whom he determined that construction of the improvements to the Dorset Street -Williston Road intersection will begin on April 24, 1978 and will be completed by July 1, 1978. 14. Mr. Houghton further states that based upon his previous involve- ment in the design of the Williston Road -Dorset Street improvements, his current intersection capacity analysis using trips generated by the Midas Muffler Shop indicates a possible 0.5-1.0 percent increase in level of capacity for the. Williston Road northwest approach and a possible 1.5 -3.0 percent increase in level of capacity for the Williston Road southeast approach. This projected increase in level of capacity will be available after completion of the Williston Road -Dorset Street intersection improvements. 15. Mr. Houghton further states that an intersection capacity analysis of the Williston Road -Hinesburg Road-Patchen Road intersection using estimated trips to be generated by the Midas Muffler Shop during, peak periods indicates a 1.5-3.0 percent increase in level. of capacity for the Williston Road northwest approach and a 0.5-1.0 percent increase in level of capacity for the Williston Road southeast approach. This projected increase in level of capacity will still allow the Williston Road approaches to operated within acceptable limits. 16. Mr. Houghton further states that the potential for creating a signalized intersection with Williston Road, the 60 foot Midas access roadway so-called, and a possible realignment of White Street would improve traffic conditions on Williston Road by developing the movement of vehicles in platoons. Platooning, of vehicles creates larger time space gaps in the flow of traffic. Genevieve Morgan Davfd Brassard ruce Houghton, Traffic Engineer 1 Michael Brassard % :;71 -aO s �i c-) Ll z _-x :1 tz C :);i"j Z7 0 q : Z) :j -j Z) :1 t7;;. 0 S J o i q p --L;., S z, aq -D,-. 'i,; I ul *ip!i go Iq2ia joo? 0,3� Z)Jil 01 P)- vq 11T�n s-,,�)zva pu�.? pasojz) at pco_,4 uojo'�Jjj. UO sl;Tjjx--1 m.cu 04n) qJI-.: a,itz),, aq-i 1pu-.., ;3,1-pwj :aql U,) "10' aqj u; :u;Ll:j e--i'la? aqj .17 - su�3;ssu PC? 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Pa..lLyjas, Uv,:)q ,A-DTT1A SJZ)721 TO ' 7 3 �l �) pli I i ac Z� kle .3 'Y f J C; J",' C'T CVO'a NO,.LSl'TTi-;l T -W k, ; 'TZ HOTlil : -.. -, V- laaulsua OT33ull N01HDacii Dada pua crdv 'ST , 'laV,q:)IR PUL' C11AVC 'NVDUcK' HAUATigt) {Ut i 11 no ?. wa in&ews and egress to and from the Racin, pro7arty ly and !��nsgh tha A foot right of way previously uentioLed. 6. Furtler7ore, Cenevieve MarKan agrees that at such tine as the travel within the 60 foot right of way is consancted And the Mas 7affler sllrifnm on the plans prasented to the South 3urlington Planning �nnioa is constructad, tie easterly nost curb cut serving Al's Fre"ch 1:1 Mch 03W Coists pill le Acqed. 7, Canp7!"ve Arm Forrinr N7rnns a at at such ave as all of the of �� :r0yVEky 0 001y (0hak pernfna of the Mr7nn VIL Wj L"I r M. z) chna rim KIM curb zn Az- Wy 70, ch-Ain , Jill _-Ik, �5t 1.3 • it! ; ct A ;: M v�e ?T�nnln3 CociMazOn in the -Z L:>r site pica ravium un &A x5th tha Al's -rnt Ant that ��;ro�erLy i�; ir, J*5-.-�-,ua 11. 147cre ! C%n 711F Al's T:,i::Ch Frys A ciceed under Zia rrovAlons of th,,_ sli nnn�r�:4. Con 2�e �yn vz&oerly curt cot nD7 serving Li's Frece-, 11 1v 7�vvnrin:: `7 iA-nt-C=-:n iriffic oily. z U, in nn PIE as t�v� VA -r Vill A ifnVEC. Z�! 1 not 0 ; ±A, n�vcvcr, the Lressar", A"Is �o7fn- �;Orre tie Sowth 76M��tcn Plann&7- QFAn LD CC. P ­ZAIV i-n a & C e :nrn�n I to- vrty vs vs Tr 6�fll C 0. A- 0:1v V ton vnn a t! r�a-! A v A .&jyjon in its Qf tin! n t h a " : N ; 10 n T, - :. V 7 - �7 ! S P 10 n . 2 1. LY. houfh:rn, : V _f iQn_._r, Urvs tlit he taken ME MUM T. 7y LC iou over not A ave 0he inform qKGo SLtl erac ly Yr. Richard Ward and V n an 1aril's rain of Yarch 1, If7j, and Is on that 1 asis able to confirz-, 4ord's f HIMFs Mot the Midas 70 f1cr Sh:p A a Kv ti A fic E,nern;ar trips distributed Mounbout its I iurs of opy7atlnn with some minor prr�v� ha a.m. and P.m. Yr. Enughton est1upres the a.m. penk hour tries to be :7 i7A•s catering and 9 KrAys eniting, and estimates the p.n. peak hour tripq w 1i 5 trips entering and 27 trips exiting. 12. M. houjton further trates that the Inteneed uDe of the Yaryan �ry ns a location for a Yidas Yuf f ler Shop is a use Q 1ch poin nates f Lr t traf f A then aLy use :on pernitted oradar basin; r5 ratoil Ur wich the is 13. 111ir. EoughtoL further states that he was in con nuaicatlon with 00 vor4wqt rapartront of HiFlways ani the contractor (Wayetta-0030n, inc.) from %zhom he de. e:fined that construction of the i"Pruvca" to cVn Vorset. Stroat-Nilliston Road %torsection will begin on April 24, 1078 nrd will be completed by July 1, 1978. 14. Yr. Touohton further statce that bysed upon ::is &000us involve- t An the design of the williston Road-Dorbpt StTC?t 1"PnOven"s, LIS 3 nn-Inat intersection capacity analysis using UIPS 00ptrtrd Vy " " ' C' - 40ar Shop indicates , ,Qibl, 0,5.1,0 r �xcrat Incronan in NOV Of vapqcKy for the WillMon Road rortlwnyt 'Pirr"ch "d a yn_�Kbje j.5-3.0 rcent increise in level of capacity for the WillisLon Poad sn-. Pt be C vViable qproLch. This projected increase in level Of caPaKLY will Vzor conpletion of the ytiliston Road Dorset Street intErseWon V. 15. Hr. Esughton rurther states that an intersection caPacity 'alys's of '_i.e Wi1liston Road -Hinesburg Road-Patchen Road intaxsection using ebtivAt& trips to be ganernted by the jUdas loffler Shop during peak periods 00cates a 1.5-3.0 percent increase in level of capacity for the Williston Food northwest O,,.oath _end a 0.5-1.0 percent jncreaFe In level of cn?pciry for the Willislan h ... t ,,roach, !his projecced increase in !oval of capacity will- 7and sout atzo with�'a acceptab ;,-e limits. Frtll allow the Williston FOU =rcaches to OPer 16. Mr. Houghton further states that the potential for CrWtifig a sigialized futersection with Williston Read, the 60 foot Midas access roadvaY and a possille rrn of v-nite. StreEt would improva traffic 1:nditions; on 1111OWn TO" by levelaFlnq thn n-'vL"Fnt Of "i"s in VoKcies C:ZOLSS lar&er tine Fphce laps in tne —ow of traffic. r zn Milbael Ezassard VA T Cy M E M O R A N D U M To: South Burlington Planning Commission From: Stephen Page Re: Morgan property access - Summary of conversation with traffic consultant Bob Shaw, Wilbur Smith & Associates, (4/10/78) Date: April 11, 1978 1) DORSET-HINESBURG CONNECTOR - this is a good concept which will provide some badly needed relief for Williston Road in this vicinity. Adequate right of way for 4 lanes is suggested. 2) NORTH -SOUTH CONNECTOR T HINESBURG CONNECTOR- also a good concept that will aid local circulation. The option of making this a city street should be reserved. 3) SERVICE ACCESS - when and if the main access point is signallized, the service access could give customers of abutting properties the benefit of signal controls to make the difficult left turn exit movement, heading in a westerlv direction. 4) WILLISTON ROAD TREATMENT - an interim proposal would consist of road widening sufficient to provide a center stacking lane, demarcated by "rumble strips, to provide unrestricted left turns (between I-189 and Hinesburg Road). A more advanced solution would consist of a partial barrier median, interrupted for signals with service roads or for jughandles, to provide limited left turn access. 5) WHITE STREET & WILLISTON ROAD - several alternatives are suggested: making White Street intersect at a right angle as shown, making White Street one way westerly, and/or prohibiting left turns from Williston Road onto White Street and shifting this movement to the Route 2 & Route 116 intersection, resulting in a counter clockwise flow around the Patchen-White-Route 2 triangle. 6) LOCATION OF ACCESS POINT TO MORGAN PROPERTY- realignment, or other changes to White Street are desirable possibilities. With these in mind as an eventual goal, the access point should hug the east property line. The angle of intersection being less than 90% is insignificant; further, a roadway alignment that does not parallel the property line would result in the creation of small, or odd - shaped lots; in addition, a road alignment paralleling the property line sets up future access for the Racine property. Conflicting left turns between White Street and this access point onto Williston Road are eliminated. One awkward movement that is possible is traffic exiting Morgan to turn onto White Street. The easterly curb cut location, as shown, is the best access point as it is compatible with the relocation of the end of White Street. In addition, there is adequate distance to the Route 2 & Route 116 intersection, to make this access a viable signallized intersection. VVIC-T ---�.......�..._. v z Tr::: tz ice .�''" MEMORANDUM To: South Burlington Planning Commission From: Stephen Page Re: Morgan property access'- Summary of conversation with traffic consultant Bob Shaw, Wilbur Smith & Associates, (4/10/78) Date: April 11, 1978 1) DORSET-HINESBURG CONNECTOR - this is a good concept which will provide some badly needed relief for Williston Road in this vicinity. Adequate right of way for 4 lanes is suggested. 2) NORTH -SOUTH CONNECTOR._r- HI3FSBURG CONNECTOR- also a good concept that will aid local - circulation. The option of making this a city street should be reserved. 3) SERVICE ACCESS - when and if the main access point is signallized, the service access could give customers of abutting properties the benefit of signal controls to make the difficult left turn exit movement, heading in a westerly direction. 4) WILLISTON ROAD TREATMENT - an interim proposal would consist of road widening sufficient to provide a center stacking lane, - demarcated by "rumble strips, to rovide unrestricted left turns (between I-189 and Hinesburg Road. A more advanced solution would consist of a partial barrier median, interrupted for signals with service roads or for jughandles, to provide limited left turn access. 5) WHITE STREET & WILLISTON ROAD - several alternatives are suggested: making White Street intersect at a right angle as shown, making White Street one way westerly, and/or prohibiting left turns from Williston Road onto White Street and shifting this movement to the Route 2 & Route 116 intersection, resulting in a counter clockwise flow around the Patchen-White-Route 2 triangle. 6) LOCATION OF ACCESS POINT TO MORGAN PROPERTY- realignment, or other changes to White Street are desirable possibilities. With these in mind as an eventual goal, the access point should hug the east property line. The angle of intersection being less than 90yo is insignificant; further, a roadway alignment that does not parallel the property line would result in the creation of small, or odd - shaped lots; in addition, a road alignment paralleling the property line sets up future access for the Racine property. Conflicting left turns between White Street and this access point onto Williston Road are eliminated. One awkward movement that is possible is traffic exiting Morgan to turn onto White Street.. The easterly curb cut location, as'shown, is the best access point as it is compatible with the relocation of the end of White Street. In addition, there is adequate distance to the Route 2 & Route 116 intersection, to make this access a viable signallized intersection. 1,,t,e,0i. IL1.r, TJ7 MEMORANDUM To: South Burlington Planning Commission From: Stephen Page Re: Morgan property access - Summary of conversation with traffic consultant Bob Shaw, Wilbur Smith & Associates, (4/10/78) Date: April 11, 1978 1) DORSET-HINESBURG CONNECTOR - this is a good concept which will provide some badly needed relief for Williston Road in this vicinity. Adequate right of way for 4 lanes is suggested. 2) NORTH -SOUTH CONNECTOR_ x HINESBURG CONNFc'TOR- also a good concept that will aid local - circulation. The option of making this a city street should be reserved. 3) SERVICE ACCESS - when and if the main access point is signallized, the service access could give customers of abutting properties the benefit of signal controls to make the difficult left turn exit movement, heading in a westerly direction. 4) WILLISTON ROAD TREATMENT - an interim proposal would consist of road widening sufficient to provide a center stacking lane, demarcated by "rumble strips, to rovide unrestricted left turns (between I-189 and Hinesburg Road. A more advanced solution would consist of a partial barrier median, interrupted for signals with service roads or for jughandles, to provide limited left turn access. 5) WHITE STREET & WILLISTON ROAD - several alternatives are suggested: making White Street intersect at a right angle as shown, making White Street one way westerly, and/or prohibiting left turns from Williston Road onto White Street and shifting this movement to the Route 2 & Route 116 intersection, resulting in a counter clockwise flow around the Patchen-White-Route 2 triangle. 6) LOCATION OF ACCESS POINT TO MORGAN PROPERTY- realignment, or other changes to White Street are desirable possibilities. With these in mind as an eventual goal, the access point should hug the east property line. The angle of intersection being less than 90/ is insignificant; further, a roadway alignment that does not parallel the property line would result in the creation of small, or odd - shaped lots; in addition, a road alignment paralleling the property line sets up future access for the Racine property. Conflicting left turns between White Street and this access point onto Williston Road are eliminated. One awkward movement that is possible is traffic exiting Morgan to turn onto White Street, The easterly curb cut location, as shown, is the best access point as it is compatible with the relocation of the end of White Street. In addition, there is adequate distance to the Route 2 & Route 116 intersection, to make this access a viable signallized intersection. ,�, inpa, si,Ea, •w No Le_�'�yrT�t Cor t�tG� To: South Burlington Planning Commission From: Stephen Page, Planner Re: Next Meeting's Agenda Items Date: April 7, 1978 Morgan Subdivision I believe theonlyissue still unresolved is the location of the access point. I have mailed a packet of information to Bob Shaw of Wilbur Smith Associates, who will be telephoning me Tuesday with his recommendations. Glenwood Bill Symanski's memo regarding sanitary sewers, water supply, and storm drainage was sent to you last week. A packet of infor- mation, which addresses many of the questions raised by the Laurel Hill area residents last time, has been sent to the group's re- presentative. Also, I will be meeting with the group prior to Tuesday's meeting. With regard to traffic generation (raised at the last meeting), I estimate this project will account for .4-.8 2 way trips/D.U. during either the morning or evening peak roadway hour. Spear Street, by 1977 counts, carries 2400 + cars per day (24 hours) and during the p.m. peak hour carries approximately 270 vehicles. If roadway width remains an issue, you might consider a stip- ulation that if the road does not work out in practice due to its narrowness, that the city retain the right to require widening to a particular width retroahively. The number of anticipated school children is being re-examined by the School Board - a formal decision will be reached by the Board on the 13th or 14th of this month. Robert Hall Site Plan This proposal is to convert the vacant Robert Hall building for use as an office. Total renovation costs are estimated at $15,000, the bulk of which is devoted to interior work, although there will be some cosmetic work on the building's exterior. Traffic access is improved - 1 curb cut is to be closed. Cir- culation and parking are adequate. Landscaping is improved and exceeds the requirements of the ordinance. No screening is nec- essary. The applicant has agreed to pay half the cost of constructing a sidewalk across the frontage. I feel this is appropriate due to the fact this is a building conversion, not new construction. Bill Szymanski disagrees with me, and would like the entire sidewalk installed by the developer. Total sidewalk cost is estimated at $1,000. No Text 10 MJ z 3I 2 z4 7$ v vtr---� Pc-4,M T© v4r-- csuiw-xr� s�em PjFa '• 2 I�?C-� /htp3� liS GAS ) 4L-=, 6) �Pt �L� � S`Ce t� AL,�� I,l wr=7 S-C��PV►�'TIC�•6S �O� �42.��p�.~�tt't'�P tea- . ll\1 DA5 0 CUJ wewd tll-le� oz- A A4 CZ lb V%e, ta, µsot-�, +� ���� Cn�tillt s ti4 4� c reams 6► t qt.'s Ce.� 2X3�--tSC" : w� ,, �y►w tea ¢ vi-11 aZ s►�Q. t .,d►t%s ol� c 4c 5 of �s ev .-T iL Cyr. = ck4 F'w.,w- 4com-cot�t=s-T(C04" I ?W�A�tAC-n I'CV) (,off �-t'l EJ 1-t Q�'F-i2 (ZDv TinPP-AJE-�iT Tc� \,11G OF ,75 ore- TWO Vw�2 -%je, } Tie: Cc:�r. ®V►�L � I�� C.Q.P. id `�"t� r� �' ��0'7 - caD•� `T s `+� " -V6 (mot,/ CITY OF SOUTH BURLINGTON i\ J APPLICATION 06 FOR A DEVELOPMENT OR SUEDIVIS ION PERMIT 1. Applicant's Name, Address, and Phone Number txy► �• eF i Gg ��Y0.SS �Y d� CMS. M M►a a-►et�rK er e� r� c e,r�� 2. Name, Address, and Phone Number of the Person Whom the Commission should contact regarding this Application )o;tj, 6%v-re+.. rd... P--/ AA/lts4�V- S74--3-' YP 3 Nature of the Development or Subdivision C6V^W%*.rcrb 4. Location of Development or Subdivision W rx- AkoxnAt%(.s �f �"' �' �t, ws'�+�'w+�c�. a���. +mew r'" i.� ,� �,r ,�.v►�� l�l Gs 5. High and Low Elevations of the Tract of Land involved with the Development or Subdivision II j6r4-fw't �11►y0�h` r'gG��-'r►l�k p4.S' 40,,.- .764•;k + f r.*M, s$ IANO� A4t.A&.t i)Avc*R/ ;Yitk 344- 4aw, 313'.1 6. Address of each of the Applicant's Offices in Vermont I P+44e-R. -3L4r- 4 �. Applicant's Legal Interest in the Property (Fee Simple, Option, Etc.) 9,,*ye aht fity0yRXto' Coy.AAO44 Asa are. "� �✓ - 2 - 8. If the Applicant is not an individual, the Form, Date, and Place of Formation of the Applicant FORM: f PLACE: 9. Estimated Cost, Exclusive of Land Cost of the Development (Applicant for a Subdivision Need Not Lswer) 10. Application for a Subdivision, the Number of Lots A_ 11. What Restrictive Covenants are Planned for any Deed(s) to be issued? nb pe s tauraKl'S _ eA V4&C% 14r%y �.�' Lod r�- he L4er cwfifi !q os ge rjaAy-_� 3g ears 12. Description of the Proposed Development of Subdivision A. Plans and Specifications: (1) Attach a detailed plat or plot plan of the proposed project drawn to scale, showing the location and dimensions of the entire tract. This plan should also show: all lots, streets, roads, water lines, sewage systems, drain systems, buildings, existing or intended. (2) In subdivisions where individual water and sewage facilities are intended, indicate the proposed location(s). (3) Show all easements, parks, playgrounds, parking areas, water courses, and other bodies of water, natural or artificial, existing or intended. (4) Include a contour map of the land involved drawn on a scale of 5 foot contour intervals. (5) Indicate on the plans the location and width of any easements for utilities, roads, etc., exist- ing or intended. Attach a written explanation of any such easements. -3- 13. What is the purpose of this Subdivision or Development and What is the intended use of the land after Subdivision or Development? -TO Gew,str '0- AMA Op'PrOf 4 AX ►AAS M t4liy^ R ye��"wa.l de�.�t+�eu ��fgt r tvel. w.Nvnf"wr4, 64^we (of %aho( . 14. Describe the Site of the Proposed Development or Subdivis- ion including information, if available, on Soils Streams or Other bodies of slater, Bedrocks, Etc. ,.e. �a auk j3 I�,� laws Vw 05� c.iear- lake ►►�� OWLdwel�� ►rt� AK)- a tw -t m+e.e. S . 15. Acreage: A. Number of acres owned, or in which you have a legal interest Aaorra)t.. 3C' AteckeA, exeres. B. Number of acres in this project If CM4ar.) C. Number of acres previously developed P0 ("S) t D. When do you anticipate beginning the project Alne;.%�y A� E. When will this development or subdivision be completed ,% S % %ft U'%ay^ 17 g/ 16. Water System: A. What type of water system is to be provided, such as: Individual system on each lot, community system, municipal system, etc. r4 .11•�•+a.awrati `nnv►h1c4p..l s re�+., . :e�t+� �ex"fil% + i� J w �thp.� Serww, B. Where is the nearest municipal water system and is it available and feasible to use it? bw f-id/J if'ow. r-A. 17. Sewage System: A. What type of sewage disposal system is to be provided or intended, such as: Individual system on each lot, community system, or municipal system? i a - 4 - B. Where is the nearest community sewage system and is it available and feasible to use it? s+ewee eartW++w`f accrers eryfpee4y -Y,,*- ,&% eN w,/lw16. 4geA C. If the sewage system is other than a community, municipal, or individual lot septic tank and leaching field, include competent professional engineering evidence that it will perform satisfactorily. 18. Adjacent Property: A. List below the names and addresses of adjacent property owners. A oA 1� A w.eh%ea q Da wt f H t c- � � �► d B. What is the adjacent property used for at present? )MAA1k*1rs re;'fd%;fJ ^N4tbvv%' #V� se�rvice 1 re. tAtu.7);J , utile tre4 ) C. What is the future usage intended for the adjacent Per*ji property? b U #,t'A* rs r�-�` a e / 19. Zoning: A. Which'District or Districts is the proposed site with- in according to the official zoning map of the City? DATE I SIGNATUR I"iEMORA". U11 7.0; SMITH BURLINGTON PLA"M INC COMMISSION rROM: GENL'VIEVE MORGAN, DAVID and MMIAEL BRASSAITi, and BRUCE HOUGHTON, Traffic Engineer 1973 SUBDIVISION AP PLICAIION, MORGAN I'R.OPFRTY, SOUThFRLY SIDE OF WI.LLISTO;v ROAD SiATi;i�fE;IT OF FACTS The :.rCe:sign<<: w�':,411 `)v this }lstr,7orandurl to mace before the Sout�t 9 li.tlxin LOI ��F??fT �li r::"'i. E i an agreed upon of w Iich beon . r 'l ve. C? 13t<` tll: OUf',tl ]it:� O1 iFltio['3 1 ',, i iic''L selvc s a'" -id i iroum h work- secs i,.;a, 1:C'V ., :.'j %^ - 3Iit; y 1"i :_:. ..ire. David .3:d ,r`C� 'i "rc2 t� ri 4Eilil�� 17nvo _�' property pu, ! c! _optio:i,� on i prop iiliStC"i id3 nd' on tilt: �.« _. v to or' Liolz to .✓U :�i : i ( r. iit:'.�A a lv Gent,.v.Si t lc C �'?t (.: f.tlilzi r ily Of �'•i' �.�. fll:. �..� rr " I t`l ill£^Fi4_ ! i,p (Y .... �i+" wC•t LT df,r�.r i-o she 5C'.1_?' d .t(:: !,Lit st:rvev r. . got (`) The :,idas lo— all of the retia nfn l�c,r^an proaez-ty �zs s- in or: . the aforesaid survey comprising, the se and lot. 3. Said subdivision will be served by a 60 Foot right of wy:•r with a "" foot paved travel way as shown on the aforesaid survey. Said r.ir;;t. of �a wil i be a roed by the Brassarldg, their heirs and assi °ns, :terd ty r•_.i� r .:, :. 7iorgaa, her heirs and assigns. 4. The Brassard brothers agree that in the evcnit they exercise, their option on the Racine property and become owners thereof,, that the F-acine :VkzZtE�-1 curb cuts now exiting on Williston Road will be closed and access will bt -Tw limited to the aforementioned 60 foot right of -way. 5. In the event, however, the Brassard brothers do not become the owners of the Fiarizie property, they wi11 nevertheless by contractual document satisfactory to the City of South Burliugton permit its Planning Commission to Impose ingress and egress to and from the Racine property by and through the 60 foot right of way previously mentioned. 6. Furthermore, Genevieve Morgan agrees that at such time as the travel wav shown within the 60 foot right of way is constructed and the Midas Muffler Shop as shown on the plons presented to the South Burlington Planning Commission is constructed, the easterly most curb cut serving Al's French 1'rys which now exists will be closed. 7. Genevieve Morgan further agrees that at such time as all of the 4.;:.7,ziijder of her property is fully developed (that portion of the Morgan j.,roperty not part of the Midas Muffler Development) then the middle curb L'Llt as it now eiosts serving Al's French Frys will close. This agreement is ncr- inte--idec to a,,Id will not inoede the Planning Cormiission in the of itcz:; ftji)cio-,s iinder site plan review to deal with the Al.'s Vr-.-.nch Ftys prcty ,7er r I -i-ti tll;(s event Lih;.t that r,roperty is in issue before through site plan revit�w or SODIC,- future use. 6. Genevieve further agrees that Flt such Lime that the ;A-ihe re cut now -'*,.j',Z -I-'re:jt_-j- . ':Us Is clOF-t-d ltr,Jer thL-, ri:ovsionss of the LIOVE paJ3,'r. t i coat wc,.--erly c-,irb c0t r(- s rvin Al's Frenc!C. -ill be CGi V—L �;11'''), -tu r.' ff I C On ?00 PA-K' I- Vc;-, C n e V CU:'Tri M boundary :l Cundary ti1c. c. :Iif.*as T)rc-perty 1---' or, "p-LPES SU" 7,AL t L J�! i it, '1110 Y-8 -J ise C's ToL L i� ri-j I n *LET- iI t,51�I Ii I�bfolc ille 'SUL.'t'l o n a 1-L!,C- as i deS-f,C W'E: 1 s ri wkis a ""Irl-e-1w In 7 tr 4 0 -1, _ �-formazlon ov,:z Zijj o ajj�, ara0, shuum on Nr. Ward's nner.w) of March 1, 197L1 yj,' IS -;n •-riot basis able to coifj-rf: Mr. Ward's findings that the Midas Muffler Shop JA a low traffic with trips distributed throughout its hours of operatio-n with sr -me ',I-- " --r -)ki Pan-,., in the a.m. and p.m. Nr. Houghton estimates- the a.m. peal- ' hour t r.-I o b' e 27 trips entering and 9 trips exiting, and estimates the p.n. -illoaj- tr2jS I.,Ie 9 trips entering and 27 trips exiting. 12. Mr. Houghton further states that the intended use of thi-';ure;:Q. property as a location for a Midas Muffler Shop is a Use which -eaerates far less traffic than any use now permitted under business retail f(')r which the area Is zoned. I —2— 13. Mr. Houghton further states that he was in communication with the Vermont Department of Highways and the contractor (Lafayette -Sheldon, inc.) from whom he detenalned that construction of the improvements to ,Cne Dorset Street -Williston Road intersection will begin on April 24, 1978 and w1_11 be completed by July 1, 1978. 14. Mr. Houghton further states that based upon_ his previous. involve - me a t in 11 e desj.fn of the Williston Road-Porset Street im.rrovements, his current intersection capacity analysis using trips generated by the 1:1idas iluffler Shop indicates a possible 0.5-1.0 percent increase in level of czpacity for the Williston Bond northwest approach nnd a Possible 1.5-3.0 F,2.cent increase in level of capacity for tile Williston Road southeast A-roac"'. T!iis nrc ' 4'r-ctoj Increase in level Of cal),"Citv will be available completion of ri,,e ,.,,,jjljston Road--T)orqet s,, _reilt inter6ection L,7.provennents. 15- 'Sr. 11,'0w,zhton further staten that an intersection capacity anal-ysis of the I-Tillistor Road- Ninesburg Road-Patchen Pond Intersectfor rasing, Est -mated trips to 'be generated hv the Midas I'Wfler Shop durinv peak periods indicates percent 1r.cr(,as-,.- in level of capacity for the Willir jtor Road northwest apz -.oarit and ri 0. 5-3 '-nlcroaso in level of ca-,-jcity for tht_:� Wi1listor. �n.ad soT,,rheas t approlch. Th I projected Increase in levGi Of CaPaCiLy Will ill Allow the Willie,1-011 P el qppror,,ch.s to (),erlt-eq I 'T.-thili acceptalDle limiA s. 16. -I, the. '.,r nreati lip ra ersect 110 ft i t o Pr26 '-, the 6�� acr.4r-,ss roar WaV T so --called, an n T-a ss improve traffic `­1171Tent of T �tiltc' con,Utions on 11 is tc�qj by donrelopiix- the T.10V0P:,1-Tjt r2,f Vr,-_jtjC)(�,Q 1'-1 T, I t 0 o "x, of larpnr tle ,'-f traf `ic. Bruco il�ot.!­��b'�-�' Tr- I f 7.1 p David Brassard Michael rrass4rd -3- r M E M O R A N D U M To: South Burlington Planning Commission From: Stephen Page, Planner Re: Next Meeting's Agenda Items D&te: March 9, 1978 O'Brien's Preliminary Plat I have revie:.,ed our plan and by-laws to find support for the policy of prohibiting on site sewage disposal. I ;could also suggest you make a complete review of this project, i.e., to, include traffic and other criteria in the subdivision regulations. Prior to the meeting, I will be conferring with Dick Spo?:es as to the approp- riate procedures to follow. As a bare mini_ran, I feel it would be desirable to terminiate the public hearing when you have finished receiving testimony, in order to deliberate on findings and action — Morgan Subdivision I. Status of Plan - Other than two memos from the applicant's traffic engineer, no new plans or other submissions have I-een recieved in City Hall since the initial application -uas made. II. Access - I am still wondering when, and to what extent, the following points, raised in my memo at sRetch plan review (Jan. 10), will be addressed: a) This subdivision is accesible only through the Dorset Street - Williston Road intersection, or through Route 116 and Williston Road. The congestion at these two intersections has been documented by 1975 data (CCRPC). Substantial development since that time has e«acerbated the situation. Moreover, all traffic approaching from the west must pass through the N:acDonald's-Dunkin Dp uts-Burger King area; which, based on 1976 accident statistics, is,most;_accident prone mid -block area in the city. I think it is not unreasonable to ask how additional traffic can be accomodated in this section of Williston Road. b) There has been no response to the suggested service access along the sewer easement to connect to abutting properties. c) It has long been the established policy of the Commission to insist on the minimum number of curb cuts (usually 1) at sub- division review. I feel the Corzrnission-should ask for nothing less, in the long run, than one access for this property. As for the interim period, i.e. Al's French Fries plus Midas, I believe the access proposed is a net improvement, in the im:ediate vicinity of the site. 1 Memorandum Re: Next Meeting's Agenda Item March 9, 1978 Page II III. Misc. a) the location of the access to the back lot is fine - this is where the primary entrance to the project should be located. b) the 60' ROW should be extended all the way to the "backland". c) the lot lines for the Al's French Fries lot should be squared off - the curious jog shown seems to have little or no jutification, and may create future setback )maintenance,or other problems. d) access details mentioned either'in Bruce Houghton's memos, or by the applicant, should be graphically shown on the plan,i.e. width & type of pavement, curbs, drainage, existing curb cuts to be closed, and so forth. 3. Flight Inn Final Plat and Site Plan The issue of traffic was deferred to this meeting. Available traffic data and projections indicate the following: 1) the stipulation for NORCO only eliminates the concern for any higher traffic generator on this lot. 2) peak business hours for NORCO do not coincide with peak roadway hours. 3) during periods of congestion, traffic for either lot may exit or enter via Airport Road or the signalized intersection of Kennedy and Williston, in lieu using the Williston Road access. 4) Customers largely service stations will approach from a variety of directions, rather than strictly along Williston Road from the S.est (as might be the case with a restaurant or other retail use catering to the general public), 5) The Williston Road curb cut is close enough to a signalized intersection to benefit from& platoon effect" on traffic,yet not so close that excessive conflicting turning movements will be encountered. 6) land dedication for road widening conforms to the plan and reduces cost of future roadway improvements. 7) the intensity of land use in the vicinity, as indicated by fast food establishments, number of curb cuts, number of lots and lot frontages, etc., is markedly different f:om the situation in the vicinity of MlcDonald's. 3) Traffic Proj:-ctions (from Pyramid related studies by Adler and McAXthur) indicate: M. E M 0 R A N D U M To: South Burlington Planning Commission From: Richard 'Ward, Zoning Administrator Re: Morgan/Racine property subdivision Date: January 9, 1078 Site in question is located in a Business Retail District. The existing lots in question exceed the dimension requirements. The Morgan property is occupied by Al's French Fries and a single farnily dwelling. The Racine property is occupiaV d bGloral Foreign AtitoParts, Irported Fabics, Racine's T.V. repair shop and a single family dl,,re4lling. The structures (location) are non -conforming, along with the residential uses. The subdivision as proposed by the Brassard's will create two con -Forming ".Lth a questionable third lot (the third lot involves the Racine residence and T.V. repair shop). �,`M11c The present access to these lots involves a series of curb cuts along the entire frontage of the parcel, the proposal to create a major access to the entire property is considered an overall. improvement. However, the location of this access warrants more study, left turning movements will be a major problem. The Brassard's propose to remove the single family dwelling located on the Morgan property and to construct a Midas Muffler 'Shop. The proposed use isnotallowed within the Business Retail District, the Brassard$ s are aware of this, and will be applying to the Zoning Board of Adjustment for a use variance. The removal of the dwelling should provide the necessary sewer capacity for the proposed use. This property also contains a drainaga way which is considered a minor stream (setback 501 from center line), surface run-off will involve review by the City Engineer. No Text blorgan/lRacine Properties Subdivision This proposal is to acquire the two properties, with a total of 84,acres and 565 feet of frontage, and resubdivide with at coordinated access scheme, i.e., 1. major access to the entire pro-ject. There is some question as to\q�"Vtsj?-the lot around Al's French Fries is indeed a lot, and is unresolved at this time. The second lot will feed off the main entrance. There are no other immediate plans for development of the balance of the land at this time. The attached s7vetcli shows the great importance of these properties in terms of improving traffic access and circulation on and around IVVIlliston Road. Provisions should be made for connections to abutting properties on the east, south, and west. eor Regional Planning Counts from :-une, 11'75 show the a-tl6H operating at the following v/c ratios: north - 79%, east - 543"�, south. - �0%, west - 7,1"/-0'. Congestion at the other nearest signal- liz,.:d intersection (rte. 2 x Dorset) has been well documented. When and if these properties are fully developed, signallization may be warrantedAT,--TN�', ffito Sewer capacity is sufficient for this proposal because an existing single family house will be torn down and ulti-mately replaced by a Midas Muffler Store (which discharges less than a house) There is no sewer capacity to serve the balance of the land. Interim Zoning Amendments A draft of the text which was presented to Council by Dick Spokes on Jan. 5 is endlcsed. This is a -Tf7irst draft and will be the sub4-ct of a Council. hearing on JFn. 24. The Council is askira the 3 CoMission to review and comment on this document. . 'DL 140"ll, /goal % r CLARKE A. GRAVEL CHARLES T. SHEA LAWRENCE A. WRIGHT THOMAS S. CONLON STEPHEN R. CRAMPTON STEWART II. MCCONAUGHY ROBERT B. HEMLEY JOHN C. GRAVEL WILLIAM G. POST, JR. BROOKE PEARSON 1 GRAVEL, 51-1EA Fs \V'RIGIf ATTORNEYS AT L A W 109 SOUTH WINOOSKI AVENUE B U R L I N G T O N, VERMONT 0 5 4 0 2 Richard A. Spokes, Esq. Spokes & Obuchowski 1775 Williston Road P. 0. Box 2325 South Burlington, VT 05402 March 2, 1978 Re: South Burlington Planning Commission --Proposed Morgan Development Dear Dick: TELEPHONE eBe-ozzo AREA CODE 802 Our office represents Mrs. Genevieve Morgan who owns and operates Al's French Frys on Williston Road. She has a contract to sell the rear portion of her land to Mike Brassard who desires to erect a Midas Muffler Shop thereon. A small map of the subdivision is enclosed for your convenience. The Planning Commission is concerned about reducing the number of curb cuts along Williston Road for safety purposes and our original proposal was that Mrs. Morgan would retain all of her three cuts on Williston Road and Brassard would use the fourth curb cut to reach the back land. The minutes of the meeting of February 14 state that Mr. Wessel requested Mr. Brassard to approach Mrs. Morgan and ask her to relinquish one of her curb cuts. This was done and Mrs. Morgan has agreed to relinquish cut number 3 on the map and share access with Brassard at cut number 4 on the map. Now comes the problem' At the meeting of February 28, the Planning Commission seemed to be requesting that all Mrs. Morgan's curb cuts but one be closed because this was some kind of policy the Board had set. Bruce Houghton testified that closing all but one curb cut would create more problems than it would solve in that trying to force all the cars going in and out of Al's French Frys at noon through one curb cut would be extremely hazardous. The discussion then revolved around the City's desire to close curb cuts on Williston Road. Richard A. Spokes, Esq. March 2, 1978 Page Two I then tried to explain to the Commission that they did not have the authority to make broad policies without regard to individual plans of development. I also tried to show them that the traffic increase caused by a muffler shop was probably the least increase they could ever expect for that property (approximately 30 cars per day). I also tried to explain that they had to look at this plan and make "reasonable" modifications to Mrs. Morgan's curb cuts based upon Section 417(4) of the subdivision regulations. The Commission has been informed by a traffic engineer that Mrs. Morgan's curb cut plan is the safest. The Commission seems to want more cuts based upon its contention that removing as many curb cuts as possible from Williston Road is always the best solution. As I see it, this attitude is not a reasonable one as defined by the regulations, and it is the purpose of this letter to advise you of this situation in the hopes that you will discuss the matter with Mr. Wessel prior to our next meeting date of March 14, 1978, and inform him of the reasonableness requirement in the law. It will be my advice to Mrs. Morgan that, if the development plan is turned down on the basis set forth above, she will have a very good cause of action against the City and that it should be pursued. I would appreciate the opportunity to discuss this matter with you after you have had a chance to digest this rather rambling letter. Sincerely, iGRAVEL, 1 John C. JCG:vmm Enclosure SHEA & WRIGHT Gravel M E M O R A N D U M To: South Burlington Planning Commission From: Stephen Page, Planner Re: Next meeting's agenda items Date: 2/24/78 :% 1. Business Park North I have met with Gordon McArthur, from the State Highway Department, and Dick Spokes, concerning traffic and on site sewage disposal, respectively. I will have additional information to present on both topics at the hearing. 2. Morgan (A1's French Fries) Subdivision Nothing new has en sup-111td to on this application since the previous meeting. I feel tabling would be appropriate, until additional information is presented. 3. Palmer Storage Building Location map and comments previously sent to you. �4. Chastenay Revised Site Plan This plan is for an apartment and office building (now under construction) at the corner of I-189 and Kennedy Drive, which originally showed 20 parking spaces. In order to save more existing trees, and provide a better approach to the main parking area, it has been proposed that 5 spaces be deleted. I feel this is an improvement over the previous plan, and still affords the required number of spaces (15). 5. Glenwood Sketch Plan This is a resubdivision proposal for the former Cedar Glen North property, now under new ownership. The project entails 181 new townhouse units, in addition to the 20 existing units. The overall density conforms to the allowed density of 4 units per gross acre. The impact of the first phase (92 units) on the most critical municipal facilities is nominal because: 1) school children have already been factored in by the School Department in their estimates, 2) sewage capacity is adequate at the Bartlett's Bay treatment plant and 3) the distance from any signallized or congested intersection is so great that it would be difficult to assign any incremental impacts on traffic from this project. The situation is unchanged with regard to police and fire protection, although water line sizing and hydrant location will be reviewed by the Fire Chief. In, sum, I feel the primary consideration with regard to Phase I is the physical arrangement of parking, roads, and buildings (utilities are already in). As for Phase II, both physical layout and impact on municipal services merit a thorough review. See attached sketch for location and summery of site and fringe conditions. 6. Econolodge and ICV Site Plans The 60 day time clock expires on 17 respectively. I suggest you deny reapply when the various deficiencies these projects March 12 and March these applications and invite them to are cleared up. M E M O R A N D U M To: South Burlington Planning Commission From: Richard Ward, Zoning Administrative Officer Date: February 10, 1978 Site Plan, Norco Auto Supply Proposed plan is conforming with the following exceptions: 1) parking spaces not conforming to minimum size (Section 13.40) twenty-six spaces proposed, twenty three required based on 2300 square feet of retail area and 3100 square of storage area. 2) Front yard landscaping requirement (Section 11,702) 50% of yard must be landscaped (4600 square feet) . Recommended solution: design front parking area to contain 16 spaces (two rows of 8 spaces) decrease front parking area to over- all width of 56 feet, plus convert one space (as recommended by Steve Page) to a landscaped island, this will increase front yard by approximately 400 square feet will meet the minimum required. 3) Landscaping - existing pines should be relocated and saved. Landscaping materials not detailed,a landscaping plan should be submitted at a later date (understand Brady's Landscaping is preparing a plan). Minimum planting cost (Section 11.701) based on a con- struction cost of $86,400 would be $2,600 (credit applied to existing planting which is saved). 4) Sewer - understand that City Engineer has arrangement with applicant relating to decreasing use of a couple motel units, to protect the City, would suggest a written agreement approved by the City Attorney. Morgan Subdivision, Midas Muffler Proposed subdivision will create non -conforming lots - lot #1, contains 1.1 acres with 63 feet frontage. Minimum frontage requirement 100 feet (Section 11.00) lot #2 contains 3.2 acres with no frontage. Lot #1 will be considered by the Zoning Board of Adjustment on February 21, 1978 for a variance from Section 7.00 Permitted uses and Section 11.00 Dimensional requirements. Lot #2 is not being considered at this time, understanding is that this lot would be developed along with Racine property as one large parcel. Lot #3 (Al's French Fries) is conforming. Note: Planning Commission not able to take action on the subdivision until after public hearing by Zoning Board of Adjustment. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski Re: Midas Muffler Date: February 14, 1978 1. Apparently the plan as presented deals only with the Morgan property. If the Racine parcel is not included the subdivision creates nonconforming lots with problems of access. Respectfully submitte/d, William J. Szymanski, City Manager CONSULTING [A ENGINEERS PAULSEN ASSOCIATES INCORPORATED 40 FARREU STREET • SOUTH SURUNGTON, VERMONT 05401 • TEL (802) 864-0126 13 February 1978 Mr. David Brassard 699 Pine Street Burlington, Vermont 05401 Re: P. A. File 7802 Dear Dave: In reference to your request for additional engineering design for the access to the proposed Midas Muffler Shop, we offer the following recommendations: 1. The access roadway should be 22' wide (2 - 11' travel j lanes) with 2' shoulders for pavement stabilization. 2. The entrance lane curb radii should be 35' to accommodate passenger cars, single unit trucks and tractor -trailer units. 3. The exit lane curb radii should be 25' and connected to a 10' radii as part of the entrance to an abutting commercial property. This alignment will accommodate passenger cars, single unit trucks and tractor -trailer units. 4. The entrance to the abutting commercial property should be 25' wide with 10' curb radii intersecting with the Midas Muffler Shop access road alignment. The access design allows easy movement into the proposed develop- ment and adjacent commercial property with little restriction to the flow of traffic on Williston Road. The access to the adjacent commercial property is located a dis- tance away from Williston Road sufficient to store two vehicles attempting to enter at that access point. 13 February 1978 Mr. David Brassard Page 2 Considering the trip generation rates of the two developments being served by the proposed access road, the probability of the entrance to the adjacent commercial property being blocked is relatively low. The above design analysis and recommendations should provide good access to the Midas Muffler Shop and retain good access for the adjacent commercial property. If we can be of any further assistance regarding your development, please don't hesitate to contact our office at any time. Very truly yours, PAULSEN ASSOCIATES, INC. Bruce E. Houghton, P.E. Transportation Engineer BEH/meo CONSULTING ENGINEERS PAULSEN ASSOCIATES INCORPORATED 40 FARRELL STREET • SOUTH BURLINGTON, VERMONT 05401 • TEL. (802) 864-0126 9 January 1978 Mr. David Brassard 699 Pine Street Burlington, Vermont 05401 Ref: PAI 78 Dear Mr. Brassard: Per your request at our meeting on 3 January 1978, I offer the following recommendations regarding your proposed development off Williston Road in South Burlington. 1. A Williston Road access should initially be designed as a minor access for serving the proposed Midas Muffler shop, a relative low traffic generator. The pavement width should be 22 feet (two directional roadway) with 50 foot turning radii at the Williston Road intersection. Modification of the access should be considered when the remaining portion of the property is developed. 2. All unused curb cuts along your property front adjacent to Williston Road should be closed as a means of con- centrating access at one point. 3. Provisions in your development should be made to provide connection to your access road by abutting commercial businesses. This would further concentrate access at one point off Williston Road. 4. At the time additional development of the property is proposed, a second access should be considered from the existing adjacent shopping center with possibly a con- solidation of parking to serve both areas. 9 January 1978 Mr. David Brassard Page 2 5. A double access to a major parking lot serving many existing and future commercial activities has the potential for diverting unnecessary traffic movements away from the Williston Road -Hinesburg Road intersection. 6. If a planned Hinesburg Road -Dorset Street connector by the City of South Burlington is constructed sometime in the future, access to your development from this roadway would be advantageous and potentially provide relief for the first two access points. Hopefully these recommendations necessary approvals and permits I can be of further assistance, me at your con xenience. Very truly yours, PAULSEN ASSOCIATES, INC. Bruce E. Houghton, P.E. Transportation Engineer BEH/meo lid i•� `' 3 59 y will assist you in obtaining to proceed with your plans. If please don't hesitate to contact Chittenden County Regional Planning Commission Mr. William B. Wessel, Chairman South Burlington Planning Commission 1175 Williston Road South Burlington, Vermont 05401 Dear Mr, Wessel: VIM :cb P.O. BOX 108, 58 PEARL STREET ESSEX JUNCTION, VERMONT 05452 802 658-3004 January 30, 1978 This letter serves to acknowledge receipt of the following: 1. NOTICE OF PUBLIC HEARING; Scott Hallck and Spencer Baker, 2. NOTICE OF PUBLIC HEARING; Maurice Boisvert, 3. NOTICE OF PUBLIC HEAR; David and Michael Brassard 4. NOTICE OF PUBLIC HEARING; Daniel O'Brien. Si r ly, -7f Victor I. orri son, III ASSOCIAT PLANNER ... Serving the Municipalities of ... Bohan Burlington Charlotte Colchester Essex Junction Essex Town Hinesburg Huntington Jericho Milton Richmond St George Shelburne So. Burlington Underhill Westford Williston Winooski 0 CITY OF SOUTH BURLINGTON APPLICATION FOR A DEVELOPMENT OR SUBDIVISION PERMIT 1. Applicant's �av1�• Name, 1A%►c�a�( Address, and �Y-aSsgvd� Phone Number $78-S6�1 �/t�l.Jt�n-,ah-�ewner e3 rcce,r�� 2. Name, Address, and Phone Number of the Person Whom the Commission should contact regarding this Application D*;tA, $sassaYcL A414.s4, W. 87,P-3-9 der 3. Nature of the Development or Subdivision C dv.,%w% c.bo 4. LocationofDevelopment or Subdivision t%ts 62t 5. High and Low Elevations of the Tract of Land involved with the .Development or Subdivision jrh'f#V-q! hhue-t-' �1 �. 31�.s' 1�ew — �d�•� of reA� �� fake MI-A&P pav«/ — ;g1tk 34.3' 41,w— ?1r.1 6. Address of each of the Applicant's Offices in Vermont %. Applicant's Legal Interest in the Property (Free Simple, Option, Etc.) Q�.rc,ka,rt c,�vtf�a Co(ti0�� I Kpati. -li',L �POro�/aIl 2 - 8. If the Applicant is not an individual, the Form, Date, and Place of Formation of the Applicant FORM: PLACE: 9. Estimated Cost, Exclusive of Land Cost of the Development (Applicant for a Subdivision Need Not hswer) 10. Application for a Subdivision, the Number of Lots -_ 11. What Restrictive Covenants are Planned for any Deed(s) to be issued? Ylo a'�,�+ob�/e uv�erGlar�KA ��' verjock e_)-_� 3!4eays 12. Description of the Proposed Development of Subdivision A. Plans and Specifications: (1) Attach a detailed plat or plot plan of the proposed project drawn to scale, showing the location and dimensions of the entire tract. This plan should also show: all lots, streets, roads, water lines, sewage systems, drain systems, buildings, existing or intended. (2) In subdivisions where individual water and sewage facilities are intended, indicate the proposed location(s). (3) Show all easements, parks, playgrounds, parking areas, water courses, and other bodies of water, natural or artificial, existing or intended. (4) Include a contour may of the land involved drawn on a scale of 5 foot contour intervals. (5) Indicate on the plans the location and width of any easements for utilities, roads, etc., exist- ing or intended. Attach a written explanation of any such easements. -3- 13. What is the purpose of this Subdivision or Development and What is the intended use of the land after Subdivision or Development? -'r Co*wdr,40- g14 ee-orq1t k AA iA ►S M44/er SLl-e • 14. Describe the Site of the Proposed Development or Subdivis- ion including information, if available, on Soils Streams or Other bodies of dater, Bedrocks, Etc. Ve.�-vla'f a �.� • oi'u++ Xf- laka•• V% 03 f i c leas Ivk d w �- L� owe. d weld �� ow>- a. w fi ►tee. s . 15. Acreage: A. Number of acres owned, or in which you have a legal interest 6m, J-ektedek acres. B. Number of acres in this project �� CAlAas) C. Number of acres previously developed )+ C4('S) t D. When do you anticipate beginning the project Jd�e V1414 � Sr E. When will this development or subdivision be completed Aft Sy+"%*, .Y ) •/ V 16. Water System: A. What type of water system is to be provided, such as: Individual system on each lot, community system, municipal system, etc. T 1M�►hlci• /1E-er► 'tr PXJsfi1% b % Strv+K� 4t �n,�Se • P.,I ssfe �►, B. Where is the nearest municipal water system and is it available and feasible to use it? -fPp_ IK ek 1-J,/1idf".00.A. 17. Sewage System: A. What type of sewage disposal system is to be provided or intended, such as: Individual system on each lot, community system, or municipal system? vH u�ti % «p a►, - 4 - B. Where is the nearest community sewage system and is it available and feasible to use it? SItweY Q,%Jfmt,%t A,ccre tS � rcper�y -- �,t ! K a C. If the sewage system is other than a community, municipal, or individual lot septic tank and leaching field, include competent professional engineering evidence that it will perform satisfactorily. 18. Adjacent Property: A. List below the names and addresses of adjacent property owners. A 6.rk "3 A vt; A vilog o fa me,•leatc . l7a w, rii i c O/, d . R ay (•l ws,..�a,r-}-�, �(� a dv !�I a i+.ren . Ce.,�,rw Sc ao 1 B. What is the adjacent property used for at present? bu,d,karIf Y"P_igt�, a,tiaw►3+�rvG , ov-v't t I rtj e�.'7��a� uv%deve� 3 C. What is the future usage intended for the adjacent property? bc�sltiers r��'at� 19. Zoning: A. Which' District or Districts is the proposed site with- in according to the official zoning map of the City? DATE J;•q -1 g I SIGNATi1P — a/� R CITY OF SOUTH BURLINGTON APPLICATION FOR A DEVELOPMENT OR SUEDIVIS ION PERMIT 1. Applicant's 10oij, Name, + Wsc�a+-[ Address, and �,ras.zav� Phone Number CM�x.M�►,aN-�oWher e� rcce,r�� 2. Name, Address, and Phone Number of the Person Whom the Commission should contact regarding this Application ��;►��. &Y0,SS4Vk 6%r-1V-11 6 d-r-1 V, A,,. AA 8'74"-3 3. Nature of the Development or Subdivision CbW%W%erc,�o� 4. Location of Development or Subdivision Wr.S. Abn!54(S pY�peA-4Y tasdu,tw+*J, ahX +mover Jr CS c.k !'rlIf 5. High and Low Elevations of the Tract of Land involved 11with the Development or Subdivision jF#w-f0.F yU#v- �✓bG .--ifl�� 3��.� jre•a-36G•� �l r' r'i�1Aw0� M►da,r p,vc-e1— g,tL, 34-3- 4,,,— -? 3X./ 6. Address of each or the Applicant's Offices in Vermont col 1940,e SY. a 7. Applicant's Legal Interest in the Property (Fee Simple, Option, Etc.) pws-a-koyJt 64v1t+e*.d ' co+,dl OKA-1 Km ov' r=9) 46eroVodf - 2 - 8. If the Applicant is not an individual, the Form, Date, and Place of Formation of the Applicant FORM: DATE: PLACE: / 9. Estimated Cost, Exclusive of Land Cost of the Development (Applicant for a Subdivision Need Not Lswer) 10. Application for a Subdivision, the Number of Lots 11. What Restrictive Covenants are Planned for any Deed(s) to be issued? na Y',e5t 44mKTS _ Pav`f►C,14r/y r}' saak Yle a�,�{ mow► ab EG uv�Aer c**:-h � oar- A DeT riocl e 3y eav--S 12. Description of the Proposed Development of Subdivision A. Plans and Specifications: (1) Attach a detailed plat or plot plan of the proposed project drawn to scale, showing the location and dimensions of the entire tract. This plan should also show: all lots, streets, roads, water lines, sewage systems, drain systems, buildings, existing or intended. (2) In subdivisions where individual water and sewage facilities are intended, indicate the proposed location(s). (3) Show all easements, parks, playgrounds, parking areas, water courses, and other bodies of water, natural or artificial, existing or intended. (4) Include a contour may of the land involved drawn on a scale of 5 foot contour intervals. (5) Indicate on the plans the location and width of any easements for utilities, roads, etc., exist- ing or intended. Attach a written explanation of any such easements. -3- 13. What is the purpose of this Subdivision or Development and What is the intended use of the land after Subdivision or Development? -To Gems ict• ,c4 o0$raft A. AA 1xAf Mt.144r 14. Describe the Site of the Proposed Development or Subdivis- ion including information, if available, on Soils Streams or Other bodies of slater, Bedrocks, Etc. ,,e. �, • off`,,,, •3 ll,e, laka- vK ash Gle4r lakd +wt�� o►�e. dwelj� �, ctx 44tw S . 15. Acreage: A. Number of acres owned, or in which you have a legal interest owa L, ,C gAtedeA. acr'e.s . B. Number of acres in this project �� CAeid&r. C. Number of acres previously developed )+ (Al -as) • t D. When do you anticipate beginning the project 16de sffe)!1 7 ,Fr When will this development or subdivision be completed /oft SA v-,W, Y' ) -7 V 16. Water System: A. What type of water system is to be provided, such as: Individual system on each lot, community system, municipal system, etc. VA%k%%wp•.l sysfe%&-, bho-A stg*v,KJ Alt l IKSe • B. Where is the nearest municipal water system and is it available and feasible to use it? erL 11i,l/iifol. CU. 17. Sewage System: A. What type of sewage disposal system is to be provided or intended, such as: Individual system on each lot, community system, or municipal system? y� u��n t «p a►,,' t - 4 - B. Where is the nearest community sewage system and is it available and feasible to use it? seweY eaitww"t -sere is f roeer•-fy -- ask 1 K a K w,//mAv. RCA - C. If the sewage system is other than a community, municipal, or individual lot septic tank and leaching field, include competent professional engineering evidence that it will perform satisfactorily. 18. Adjacent Property: A. List below the names and addresses of adjacent property owners. &rk -�aA vt a m!t,6 ik , 'DO %4 1" c R �.y (AV%r ,,i6V+-k R ah AVM a kldA Sc 4 oo f B. What is the adjacent property used for at present? j bLA4 I kt l s rzf 4 I f, a1/`�a w� iVY, ,f*eNvlt� t e� 14 a u.-f14 � , U %4 e C. What is the future usage intended for the adjacent property? bu & gars rt-f-4,1 19. Zoning: A. Which' District or Districts is the proposed site with- in according to the official zoning map of the City? DATE 11 ONq SIGNATUP 3gf /20'¢ 160 2 Q w_ FLAT OF SURVEY OF MrS. 6evev,eve 40 k-5 S ey, (f-,-" , - Vl- -�250 ol I PROPERTY ON WILL15TON RD. 'N THE CITY OF SOUTH BURLINGTON, VT. PLAN PREPARED BY.' JOHN A. MARSH, L S - ESSEX JUNCTION, VT. MAGNETIC BEARINGS — 0ATE . OECEMBER, 1977 HEREBY CERTIFY r .4r rglS &UP- �02 H N `� VE Y IS CORRECT TO THE" BEST OEM Y A. t I /(HOWL EDGE, BASED ON A 10RE V/OUS ^URVEY BY MYSE4f ANp A PREVI- vv, !"Lc D 1 O r6 N C.M. S 30°-p5'-S8",W 258. 04 ' W h O N � I STY. h�4O CONC. BLK. ��� STORES h TRUE _ s 30* - 05'-,58w l99.9?'(MEA,SU/?EO) 2O0.00'(iPECORD) C.M. NIAG 2 STY. FR. _I STY. DW L. FR. SHOP I STY. I STY FR. FR. GARAGE STO R E I STY. CONC. BLK. STOP E . vv 18 0 32'W. N?� SANITARY SE\ (AS BUILT L.Ok SLIGHTLY FROM I I 1 I 1 I 1 1 I I 1 ° S� 42 0,05735W a� 0 'ASE ME MT V DIFFERS IRDS.1 z �o 1.P I -*So* 4 ` I.F 33� E 71 0' S0' !DO' SCALE: 1 •� °"�' a ww - . P. 0 5. That the Warranty Deed shall contain a provision denying Buyers, their heirs, successors or assigns, permanently, from dispensing food of any kind on the premises, and specifically barring any kind of restaurant including; fast food restaurants, ice cream.establishments and/or snack bars, although coin -operated machines dispensing food products and grocery stores will be allowed: the deed shall like- wise contain a provision denying Buyers, their heirs, successors or assigns, for a period of three years, the right, to maintain an automobile undercoating operation'on the premises, and further shall provide that no building shall be closer than 120 feet from Williston Road. December 28, 1977 TO THE PLANNING COMMISSION OF THE CITY OF SOUTH BURLINGTON ATTENTION: Stephen Page, Planning Assistant I am writing this letter to confirm the fact that I have authorized David and/or Michael J. Brassard to apply (in my name, if necessary) for a subdivision permit relating to the lands they have contracted to purchase from me. The property in question is adjacent to "Al's French Frys" on Williston Road with a frontage of 60 feet thereon. Very truly yours, `Genevieve Morgarf 0' / cm �6sz, S 339 26, 1� 3� 3� E C.M. I.r 4-7 PLAT OF SURVEY OF PROPERTY ON WILL13TON RD. IN THE CITY OF SOUTH BURLINGTON, VT. PLAN PREPARED BY: JOHN A. MARSH, L.S. - ESSEX JUNCTION, VT. MAGNETIC BEARINGS — DATE: DECEMBER, 1977 i vE �o / AIEREBV CERTIFY THAT TN/S SUR- �� JO H h y�z VE ✓ /S CORRECT To Tf/E BEST OF M y A. _ KNO►NL EDGE BASED ON A PRE V/OUS # MARSH sUR(/EY &Y MYSELF AND A PREVI - NO. 2M 0 OUS (SURVEY BY LEONARD A. LA4-I- t7 TEROUR�l1X, L. S. VO SU 8 C M 160 0 co, a I I STEEL i Roo 4 0 00 06 N t LSTY. NC. BLK.TORES / 99. 92 '('b>Egs�j,�EO) 0 200.00 l ECORD VSTY I ST Y. FR. SHOP C.M. S 30'-OS'-58 W 258 , 04 ' h � ol hl0 10 5 C.M. 3p P- I STY, FR. [G7ARAGE STORE I STY. CONC. BLK. STORE ° ,I' N S%3 SANITARY SEWER EASEMENT (AS BUILT LOCATION DIFFERS SLIGHTLY FROM RECORDS.) I I S f2 IN 18 3 2' W' 26 41 N ?9 16j5' . S 82*,13 2? N S35 - V Vll( , epS' NAGS/ I.P. N '7o, S1� 62' 0 05 1. P. 1. P. D 50' l00' 250' SCALE: 1"=50' SOUTH BURLIN GTON PLANNING COMMISSION APRIL 23, 1974 The South Burlington Planning Commission held a regular meeting in the City Hall Conference Room, Williston Road, on Tuesday, April 23, 1974 at 7:30 P.M. NE'MBE'RS PRESENT Chairman Mary Barbara Maher, Ernest Levesque, William Wessel, Sidney Poger and William Robenstein MEMBERS ABSENT Ronald Schmucker OTHERS PRESENT Richard Ward, Zoning Administrator, Lucille Racine, J. Racine, Claude Gagne, Leonard Lamoureux, Pete Jacob, James Wesson, W. Wesson, Leo O'Connor, Fred Smith, Tony Adams, Gregg Wilson, B. F. Brault and Catherine Neubert READING OF MINUTES OF MARCH 26, APRIL 1, APRIL 9, and APRIL 16, 1974 Mr. Poger made a motion to approve the readin.- of the minutes of March 26, 1974, April 1, 1974, April 9. 19 and Apr— it 1�— 9 Mr. Levesque seconded the motion which passed unanimously. CONTINUE HEARING OF CHAMPLAIN MALL SUBDIVISION Mrs. Maher stated that this is the fourth hearing and asked Mr. Gag-ne if there are any changes. Mr. Gagne stated he had his engineer, M:r. Lamoureux, present to go over the lighting and drainage. Mr. Lamoureux had a set of plans for each member of the Commission. He stated that the landscaping is essentially the same as presented last week. The only change is to show the curbing used in the parking lot. He also showed the drainage plan which is essentially the same. There was dis- cussion, re: catch basins (four in front of the mall with the water draining toward them), there are two catch basins near the sidewalk; the water is taken to the stream; there is another catch basin behind the store. It was stated that the catch basin to be used is like the one in the So. Burlington standards. Mr. Wessel stated he is interested in the use of the railroad ties, re: curbing. It was stated that the curves will be of concrete. Mr. Wessel asked if railroad ties are acceptable. T.r. 'Bard stated he didn't think there were any regulations-. It was stated that the concrete curb is to be 18 inches high. Yr. Poger asked about the size of the catch basins. :§:r..Lamoureux stated that they will be approximately 24 inches. The third sheet that was shown was on lighting. Tfr. Lamoureux stated it is revised to go along with the revised parking lot. There will be 175 watt lamps. It ,vas stated that all the lamps will not be running all night. There will be just enough on for security at night. It was stated that they will be low intensity lights and will not bother the people in the townhouse apartments in the rear of the property. TWlr. ',lard was asked for any comments. He had no comments. ;.'rs. ''aher read a letter from Mr. 2. � Towne, the district conservationist, which was received on this date. It was also stated that the Tree Committee found the landscaping sufficient. In Mr. Towne's letter there were four alternatives on how to handle the stream. There was discussion, re: letting the stream be left in its natural state, stream should be culverted, etc. Mrs. Maher called for a vote on whether the stream should be culverted. Mr. Jessel made a motion that the stream not be culverted. Mr. Poger seconded said motion. The motion passed with a 4 to 1 vote. Mr. Levesque voted against the motion. Mr. Gregg Wilson referred to Section 3, 4 etc. under CO of the Zoning Ordinance. There was dis- cussion, re: cleaning up the stream and keeping it in its natural state. Mr. Gagne asked to what extent he would go to improve the drainage way. Mr. Gagne stated he was under the impression it would be a good project for the Boy Scouts. It was stated that the clean up cannot be deducted from their landscaping costs. He stated that they are willing to help but does not want to be pegged to do the whole clean-up job him- self. Mr. Wilson stated that a good effort has been made to avoid the stream completely and leave it in its natural state. Mr. Poger stated there are two problems: (1) cutting out what is there only in the stream and (2) attempt either an annual clean-up or clean up to make sure the stream does not become filled with shopping carts, etc. so that it will not become a health hazard. Mr. Wilson stated he would like a determination as to what effect Champlain Mall has on the stream t�=r` and wants to avoid any effect on the stream. Mr. Ward stated that two things have to be done: 1. The stream can stay as it is. He stated Per. Towne stated it has to be opened up. 2. The development will have an effect on the stream and it will have to be opened up. Mrs. Maher stated the jurisdiction of the Planning Commission is to take care of this stream. Mr. Wilson stated that they are prepared to offer evidence of the non -effect of the development to the stream. He stated that this stream has been historically an eyesore and they should not be expected to suddenly take on the crusade of making this a mountain brook. Mfrs. Maher stated that their concern is that the brook can be a proper run-off. Mr. Poger stated that the only part of the stream they are discussing is what is on the development property. It was stated that they are willing to accept equal responsibility for their part of the stream. Mr. Levesque asked why the Commission has not addressed themselves to the City Engineer. There was discussion, re: piping the water out. Mrs.Maher stated that their argument has not convinced her that there is not going to be water there for a pond. Pair. Wessel stated that eventually there will have to be changes in the area, re: pedestrian trails, bicycle trails, etc, park -like improvements to the area, etc. He stated that they can ask that this stream be cleaned up now. „rs. L'aher stated that there can be no talk of public use of this land now as it is not public land at this time. She stated that what the auestion now is - what is the Flanning Commission's power, re: cleaning up the stream. She also asked what the proper langua-e is to use to the developer, re: cleaning up the stream. ;.,r. ','ilson stated that they can show the Commission that the development will not effect the stream. 3• Mr. Lamoureux asked if Mr. Towne has submitted any calculations, back- up, etc., re: Champlain Mall. He stated that they feel the stream is deep enough and the slopes adequate to take run-off from the parking lot and rooftop of the Mall. He showed a plan of the stream and run- off area, slopes, channel 7 feet wide, variation of 18 inches deep, also showed a typical flow, area contributing water to the stream, computed run-off for 25 years without Champlain Mall, and also Champlain Mall as proposed with a run-off of 1000. They computed that and subtracted what is running off now, expected rainfall, the difference is one inch in depth and spreads water up the bank 22 feet on each side. There was more discussion, re: overflow, snow melting, overflowing channel, etc. Mr. Poger stated that the computations are for a clear stream bed. He stated he suspects that with debris in the stream there would be a change in the computation. Mirs. TIaher offered a compromise. ',then a list is made, a bond may have to be posted, re: total completion of the property if the City Engineer determines the stream is not cleaned, widened, etc. to protect the City. A simple posting of a bond could be a compromise. Mr. Poger stated that at this time there are mosquitoes in there breeding. Mrs. Neubert stated that the developer is not responsible for the clogging of the stream and we now have a new Ordinance and in the Ordinance the streams should be cleaned. She stated that in the future the developers will be responsible. Mr. Wilson stated he is concerned about the prospect of a bond. He stated that it vests a lot of discretion on the City Engineer. He also stated that the Commission is asking the developer to improve the stream. Mrs. Maher stated she is concerned with the degree of what the developer will do to clean up the stream. She stated that it is a cheap compromise. Mr. Wilson stated he didn't think it would take $2000.00 to clean up the stream now. Mrs. Daher asked if they would be willing to clean up that portion of the stream and show the City Manager or Commission that they are trying to do it. Mr. Gagne asked about cutting trees falling into the stream. Mrs. Maher asked if 11 in Mr. Towne's letter could be done for $1000.00. Mr. Gagne stated he does not want to dredge out the stream. It was stated that they are worried about the debris. They will be willing to cover a bond of $1000.00 for the cleaning of the stream. The bond would terminate on the completion of the building and parking area. Mr. Wessel asked about maintenance agreements with the developers. There was discussion, re: guaranty of what will happen to the stream after the bond ends. Mrs. P.9aher then reviewed the proposed development, re: covered mall, lighting, ingress and egress, parking area, sufficient landscaping, necessary bonds to cover all utilities, post $1000.00 bond for clean up of drainage way, etc. Mr. Vessel asked about traffic and wanted to discuss the same. He stated that there are not enough alternatives and would like to see more expertize, re: same. He stated that they have applied for advice from various places, but no one has come up with any alternatives. He stated this shopping center would create more hazards. T,,r. Lamoureux, stated that the peak traffic will not reach capacity if Champlain ;Fall 4. is developed.. Mrs. Neubert asked about capacity and also stated that this means the designed capacity for the road at peak hours. There was discussion, re: turning movements on Williston Road in this approximate area. Mr. Robenstain discussed inadequate capacity, re: right and left turns. There was discussion, re: control through a traffic light, which, according to sources, is adequate. Mr. Ward stated that 8 days are left for this application. Mrs. Maher stated that Don Rich gave his okay, and Mr. Lamoureux explained this plan in great depth, etc. She would like to see her colleagues satisfied. Mr. Wessel stated he feels that what has been presented, re: traffic, is inadequate at this time, and stated that we should find ourselves an expert even if it costs a few dollars. 01r. Wilson stated that this traffic control, etc. has occasioned much work, etc. There was more discussion, re: relocating the traffic signals, etc. Tir. Wilson stated he does not think it has been passed over lightly and it has been planned with a great deal of foresight. He also stated that they have been thorough and responsible. Mr. .Vessel stated it is the City's responsibility to plan correctly for the City. Mr. Robenstein stated he feels there isn't a question of access, but stated it is the immenseness of this. In his judgment he cannot resolve what is going to be created as additional traffic on Williston Road as a main entrance to Burlington and to Hinesburg Road. He thinks the turning movements really mess this up and that is the big unanswered question is the left and right hand turns. Mrs. Maher stated that if any mistakes are made, it is the Planning Commission's fault, as they wrote the Zoning Ordinance. Mr. Poger stated that from what he can see, it is the best in essence, re: using White Street in the future to possibly eliminate left turns, etc. He thinks the developer has given us a good layout for the traffic problem, etc. Tw,rs. T,iaher asked for any further questions. She asked the Commission to formulate approval of this this evening or would someone wish to make an alternative suggestion. Mr. Poger stated that nothing would be gained by postponement. T,irs. iJiaher asked for a motion and in the motion to make sure everything would be covered. Mr. Foger made a motion to approve the nlan for Champlain Mall, dated April 16, 1974, with the following provisions: 1. Installation of a synchronized traffic light at the direction of the y Taanager. It is he C omm—is sion wiswlsh thatit is svnaTrnn- ize with the li az hinesburg and Williston load. 2. Posting of bonds for landscaping; and curbing and all utility work specified -by the —City 17anager to cover or working, any con- struction an c ooing o old curb cups. 3. All drainage, sewer, ,-rater and utilities connections meet the City i,:anager s , DD c11ications . 4. Draina�Te bond in tl� sum of "1000.00 to be held until completion of ue- on a constrs out lnea in rart-I. off' —7 r. Towne s paper, wFiicH— reads as 3ollows: . 5• 1. To develop a park like situation: nt Remove d generallybris cleanrom up areaeandcl avelas aud sns and green trees ang space. Most of above would be manual labor - chain saw and the trucking away of debris, etc. Mr. Levesque seconded said motion. The motion passed with a 4 to 1 vote, with Mr. Robenstein voting against the motion. Mr. Robenstein stated that in his best judgment, he is not satisfied with the figures presented, re: traffic; the amount of turning and the problems that relate so these tturning movnd thenproblemPputting oftraffic. of this capacity in 1 going Mr. Wessel explained why he voted as he did. He feels the developer did a very good job in developing this plan. He feels that in the time (8 days) left, there is not enough time to do anything. ink we should have a traffic study done, and he does not feel he could turn it down without facts and figures. It was stated that Mr. ''veJsel and Mr. Poger and Mrs. Maher feel they need a full time Planner, There was discussion, re: overall plan. r4r. Levesque stated he thinks this is a good step needfull s fundsto maketrafficstudies, forward. It �Nagreed the netds a planner an c. Tyr. Gagne asked if a set of plans -could be signed as approved for his keeping. the commission agreed that the plans are adecuate to serve as final plans. L�W MERCHANTS BANK BUP,LINGTON PLAZA CONTINUE SITE REV Mrs. E aher read a letter from the City Attorney, Richard Spokes and also a letter from Mr. Anthony Adams, re: site plan review of the Merchants Bank proposal in the Burlington Plaza off Shelburne Road. Mr. Smith discussed traffic flow, subdivision plans, etc. It was stated that the traffic flow was modified. The drive -up facility is located now on the north end of the building. There was also a con- cern, re: plantings, and he thinks they.have sufficiently responded. There was also a requirement for test borings and Yr. Smith stated that they have responded to this also. He wishes to establish it is a temporary building and will be landscaped so it will look handsome and it also meets setback requirements. This plan presented tdiscevening conforms with Mr. Szymanski's recommendations. There re: _landscaping, plantings being of good size (6 to 8 feet high), number of plantings, species, estimation of plantings costing approxi- mately200.00. T,�r."lard stated that a free standing sign will not be allowed. Mr. Wessel asked about the footnote to the Engineer's report, re: footings. Airs. I:"aher stated that the City has no Building Code. It :gas stated that the footings are a design problem. °rs. "aher then asked for the wishes of the Commission. z,"r. Robenstein made a motion that the Commission accept the plan as sho�m of the ?:erchants Eank, Burlington Flaza, and that�ao�b13ddbcapin�. posted for the se.:er ap and a S2 40.00 bond 'oe posted irir. Wessel seconded said motion v�hich passed unanimously. -- Smucker. PLANNING COMMISSION WORK SESSION APRIL 16, 1974 Mrs. Neubert suggested putting the, -pool on the ball field and relocating the ball field. The Chairman suggested that Stephen Page Mork with Paul Flinn and his students, drawing up a tax map and zoning map, and perhaps Paul could have a meeting with Mr. Szymanski regarding drainage, and any question regarding BORfunds be taken to Bruce O'Neill. and that they all meet with the Commission two weeks hence, with this to be the first item on the agenda. 1 Regarding Dorset Street, Mrs. Maher said the area would always remain commercial, with the hope that it might be upgraded and redesigned, possibly with ingress and egress at different points. Mrs. Neubert thought with the new industrial area opening up, some firms might wish to move. Mr. Poger said he doubted if many (Lake View Buick for instance) would move out, but it would make sense to try to keep the space open if any firms did leave.. Mr. Schuele said the location analysis will come next from the tax mapai only then can the Commission go further conceptually and think of other aspects. Mr. Wessel asked about the natural area behind the high school: Mr. Ladeau said this land has been designated for the School District, but the deed has not been transferred. It is being considered a natural area with access for the entire community. With all the housing around, there are problems, and the area is not being used in the best possible manner. Mr. Flinn agreed to try to get information on the drainage for this super -block area. Mr. Ward is to put this proposal on the agenda for April 30 as the first 1-r' item.- Stephen Page is to work with Mr. Flinn and his students. The Chairman asked that the same group attend the April 30 session for more discussion of this proposal. She then expressed her thanks to the group for coming. - Champlain Mall was the next item. This had been tabled from last week. The Chairman explained the Commission has just begun to work with the new zoning ordinance and has to learn little -by -little. She then read aloud a letter -from the City Attorney stating the Planning Commission has no legal authority t6 waive zoning restrictions. This letter to be included with the Minutes. >, -. I . Mr. Gagne said that under the revised plan for the mall, they are meeting all the restrictions and there will be no need for then to request a variance. Mr. Poger suggested that if the Commission did not feel the new plan to be as good as the first one, then they could suggest that he go to the Zoning Board of Adjustment for a Variance. Mr. Gagne said they had solved the problem of the stream by keeping away from It and changing their parking lot plan to include the necessary number of spaces without using any of the area near the stream, even though this means losing a few trees they had hoped to save. The mall will be moved back on the site by approximately 20 feet. thus giving perimeter parking. Also the entrance is changed so that it does not cut through the center of the parking lot. They derived more parking spaces and all spaces conform to the 200 square feet requirement. 1 � 4. PLANNING COMMISSION WORK SESSION APRIL 16, 1974 Tracks will have more room to swing in and drive out to the back of the building. Ten diagonal spaces are provided next to the hall. Will stay away from the stream by 50 feet, the minimum distance required. Mr. Gagne then read a letter from Mr. Pomerleau saying he would be agreeable to having Mr. Gagne counting 8 or 9 parking places as mall Fa rking. Mr. Poger said it should be a condition, that Mr. Ponerleau wcruld do this. Mr. Schnucker said Mr. Pomerleau is simply offering to cooperate but there should be a viable con- veyance or easement for the land for that purpose. Ct:ai reran Maher then read a letter from Ray Unsworth regarding the stream, this letter to be in the Minutes. A discussion on the stream followed. Mr. Wessel felt it could be cleaned up and that ceulverting was not the answer. Mr. Gagne offered to convey the land along the stream to the City provided his attorney says he can. He said they bad planned to have a graveled parking lot near the stream and in giving this up they have had to change their parking lot accordingly. He has learned that he cannot even cut trees along the stre-sm or disturb the soil in any way. Chairman Yaher said they would hope to have the quality of the ditch improved. Mr. Poger said the ditch can be improved but the banks cannot be disturbed. Mr. Schuele felt it would be possible to get in there and improve it and put it in a better natural state. Mr. Robenstein said Grand Union created the situation and the City has the right to ask that it be restored to what the City Engineer thinks it should be. The Chairman asked Bill Schuele what he had found. Mr. Schuele said his com- mittee had visited the stream individually, wading and walking their way through. The strewn should not be culverted; there is nothing wrong with the stream; the problem is the ran -made causes that have diverted the stream. The interruptions that have occurred from construction have drastically altered the stream. We have to work to get the stream back in its stream bed. He feels that when a development does come in, it should recognize the stream. The Natural Resources Committee feels there is nothing to be gained by culverting it. The other prob- lem is the extra water from the parking lot paved area which will over -flow into the stream and cause erosion. This he felt would have to go the City Engineer. Chairman Maher read a letter from Mr. Szymanski recommending a culvert. Mrs. Maher stated the Natural Resources Committee and the City Engineer are in dis- agreeaent as to what should be done with the drainage ditch. Mr. Robenstein felt the stream to be of significant value to be worth the time and effort to preserve it. Mrs. Daher mentioned the need to preserve the -health of the City as being an obligation to be considered, as the ditch has no water in the summer and can be a breeding ground for mosquitoes. Mr. Robenstein said it was classified as a minor stream and once it is piped, it is gore. He felt it could be built up to a state where it would be accessible. yx. Gagne said a stream in a pipe will not cleanse itself as a running stream can. He would be willing to help in cleaning it up, and if left open it would clean Itself. Mr. Wessel felt the Commission needed an engineering solution and wondered if soil people or hydrologists could be contacted. Mr. Gagne said he had been told that if he did pipe he would have to obtain approval from the State of Vermont first The 0:air4an asked Stephen Page and Mr. Robenstein to contact someone and come back with more information at the next meeting. PLANNING COMMISSION WORK SESSION A PRIL 16, 1974 Mr. Schmucker said he would like a prognosis of what the future of the stream might be. :- Mr. Lamorieux said they had taken a pretty close look at the stream and would be willing to work with Mr. Gagne, Mr. Schuele said culverting a stream means fighting nature. One can't win and the more one tries the more expensive it gets. The Chairman then asked that the discussion get back to the parking question. Mr, Gagne said he had a green area, but because it might have to taken for a lane, had put it into parking. Mr. Gagne said Mr. Lamorieux had finished the landscaping plan which would use the required 1% of the construction fee for landscaping. The Chairman asked about tree planting on this new plan. Mr. Ward said the plan had not gone to the Tree Committee yet, but Mr. Page thought some of the committee had looked at it individually, Chairman Vaher asked Mr, Page to deliver a copy to the chairman of the committee, was di cu sed The question of using 61% of the front yard for driveways, wit tI a possibility of the Commission waiving under the subdivision regulations, but perhaps not under the zoning regulations. This was referred to Mr. Ward to contact Dick Spokes and get a definitive opinion, The Chairman then asked about the green area which was to break up the parking lots if this has to be put out front it means an open paved parking area. The Commission likes the green area as it was first planned, but doesn't wish to break a law, she said, Mr. hard agreed to ask the City Attorney whether or not this could be waived. .r rr. Gagne then said they had planned room for 408 bicycles as required but" would like a waiver for half of that. The Chairman suggested conveying tb the Zoning Board of Adjustment the fact that the Planning Commission would be agreeable to the granting of such a variance. Mr. Gagne added they would provide a few stands but the ordinance does not require stands for all 408 bicycle spaces, Mr. Schu ele said he liked the idea of having trees but wondered how they could be protected from the salt in winter. Mr. Gagne replied he did not plan to use salt unless absolutely necessary. He uses sand at his apartment houses in Essex Junction, which can be swept up in the spring. Also, the trees will be curbed, Mr. Poger questioned the traffic flow. Mr. Gagne said he preferred diagonal parking for better traffic flow, but would mean losing parking spaces: Mr. Poger suggested giving conditional approval for either one of the plans. then Mr. Gagne could go to the Zoning Board and ask for a variance and then could have the better traffic flow with fewer spaces for parking. Mr. Ward said a variance could not be given except in a case of hardship. The developer would have to show that he could not lay out the necessary-nunetr of parking spaces, which is not the case here. r" ' ". `,`_- Mr. Wessel then said he had talked with Park Bolton and that he right at some- time in the future turn his stores around and perhaps close two curb cuts, This would enable shoppers to walk from store to store, and allow more parking. 6. PLANNING COMMISSION WORK SESSION APRIL 16 1974 Mr. Gagne said they had been asked to move the driveway by the City Engineer as a matter of safety. He noted all lanes will convey two-way traffic. Also that there will be sidewalk through the area. Chairman Maher read a letter from Mr. Rich of the Chittenden County Regional Planning Commission, to be in the Minutes. Mrs. Maher then asked Stephen Page to take care of the second paragraph of the letter regarding the traffic sign cycle in relation to the traffic light at. Hinesburg and Williston Roads. The third paragraph of the letter was referred to Mr. Lamorieux who explained that 50% of the traffic would already be moving by the shopping center on its way elsewhere, that the shopping center would only be bringing 50% additional traffic. The Chairman asked if it would be the wish of the Commission to ask Mr. Rich to look at the new plan. Mr. Wessel thought he might want to weigh the importance of the curb cuts by Mark Bolton with Mr. Poger replying that would be outside the scope of this plan and there would be no reason to ask Mr. Rich about it. Yr. Gagne said someone had asked him at the last meeting about the roof. He had first intended to use glass but found out this would mean losing energy. By using a new product of fiberglass he can save 50% in energy. This concluded the discussion of the Champlain Mall and the Chairman thanked ft, Gagne and Mr. Lamorieux for their presentation. Mr. Hubbard. before going into detail on his proposed squash court development, introduced Mr. Cullens. his associate; Mr. Bouchard, their economist; and Mr. Shields. He also said Mr. Farrell was unable to,attend the meeting because of a previous commitment. but that anything said at this meeting could be verified with Mr. Farrell. Mr. Hubbard said Mr. Farrell would enter into a lease arrangement with then similar to the Cross Court lease, but only if they were willing to undertake development of the rest of the property over a period of time. Instead of the one acre they wanted, they are forced to begin with a two acre plot. As it is not practical to use two acres for squash and raquet courts, they are considering an office building for the rest of the lot, feeling the two uses to be compatible. Mr. Cullens showed a drawing of the proposed plan, indicating placement of the buildings and the setbacks. Chairman Maher reminded his he is allowed to use the area lost in setbacks in determining the area allowed for building. Mr. Schmucker raised the question of whether Mr. Hubbard is appearing before the Commission as a proposed purchaser or as a lessor. If as a lessor, then the owner should appear. Mr. Hubbard said there should be no problem as they would have the same type of lease that Cross Court obtained. ter. Hubbard then stated they would be allowed to put more square footage into the building but can't make use of this allowed space because of the parking requirements. Mr. Hubbard then showed on the drawing the plans for the future development of the rest of the six acres. He pointed out that they have been very careful to place their first development on the two acres in such a way that if they should be unable to do anything further with the rest of the property Mr. Farrell will 2. the four streets. There was discussion, re: Mr. Dumont's property and whether he was receptive to selling his land. Mrs. Maher stated that this is the option of the School District and not the City District. Mr. Poger suggested that a letter be written to the City Council and School Board, re: Civic Center, expansion, etc. Mrs. Maher stated she would be willing to write a letter to the Council and School Board, and asked for a motion. Mr. Levesque made a motion to have Mrs. Maher write a letter to the City Council and School Board, re: the site surrounded by Dorset Street, Kennedy Drive, Hinesburg Road and Williston Road for the Civic Center and recommends that Sidney Poger and William Wessel serve on a committee, re: same. Mr. Wessel seconded said motion which passed unanimously. .Mr. Poger stated that they should meet with both the Council and the School Board. Mrs. Maher asked Mr. Flinn and his students to come back next week to go over the other four possible sites. She also stated she would ask members of the Council, School Board and Recreation Dept. to attend. Mr. Poger made a motion to have a representative from the School Board, the City Council and Recreation Dept. attend next week's meeting. Mr. Wessel seconded said motion which passed unanimously. At this time, Mr. Poger asked Mrs. should meet every week. Mrs. Maher they need to have more meetings for Maher why the Planning Commission stated that they are so busy that a month or two. SUBDIVISION HEARING, CHAMPLAIN MALL, WILLISTON ROAD, C. B. GAGNE ENTERPRISES, LTD. OF ESSEX JCT., VERMONT Mr. 'Hard stated the application was in order and had been reviewed by himself, Mr. Szymanski and Mr. Page. Mr. Gagne stated he had received memorandums from Mr. Ward, Mr. Szymanski and Mr. Page with questions. Mr. Gagne stated they will touch on all the points from the memos from Mr. Ward, Mr. Szymanski and Mr. Page. Mr. Gregg Wilson made the presentation. He stated that they have prepared a brief written state- ment outlining the essential element of the application and proposal and problem areas which have been pointed out. He stated that Mr. Gagne would present the general outline and concept and them Mr. Hamelin and Mr. Lamoureux would proceed with other phases. Mr. Gagne stated he wanted to go back a little bit. He stated he was aware the piece of land was available, and its location, and thought it would be ideal to provide other types of stores and an indoor mall. They tried to find a plan that would have good asthetics with people parking in back of the facility. He stated there would be three entrances, a drive-in entrance with parking in the rear trying to utilize land maximally and there would be escalators to the second level. He explained more about the mall, re: air-conditioning, etc. He stated that they are negotiating with several firms who will occupy space - a department store, grocery store, shops, etc. There was discussion, re: overall parking; in the memo from 114r. Vlard it stated they did not have an adequate front yard. T;;r. Gagne stated there would be green belts be- tween the parked card, but they will do whatever the Commission wants. a. d w 3• It was stated that in talking with Mr. Szymanski, their entrance would not serve them well being so close to Hinesburg Road and in the future there could be'a tie-in to White Street. He stated that they have come up with a new plan. They have moved their entrance as close to Al's French Fries as possible. There was discussion, re: saving trees. Mr. Gagne stated the entrance would be almost directly across from White Street. There was discussion, re: parking area, back entrance to the proposed building, tieing together parking lots between them and Grand Union, etc. and Mr. Pomerleau is agreeable for a discussion. Mrs. Maher stated that they would want a written agreement that Mr. Gagne had with Mr. Pomerleau, re: through street. Mr. Gagne stated that they have made changes in the outside of the building in this plan. Mr. 'Iessel stated the Commission should ask Mr. Bolton to close his curb cuts and use access through this development. It was stated that the Commission does not have the power to force Mr. Bolton to close his entrances and use this development's access. There was dis- cussion about Mr. Bolton's property, re: changing entrances to buildings to the rear, parking in the rear. Mr. Wessel asked if it might be useful for one of the Commissioners to sit down with Mr. Bolton and discuss this. Mr. Wessel was asked to speak to Mr. Bolton, re: same. Mr. Gagne spoke of the memo from Mr. Ward, re: planting schedule. Mr. Gagne hoped that the sign could be part of the landscaping. He stated they will provide the proper amount for the planting schedule. He also stated he understood that plantings inside the building are not included. Mr. Power stated that plantings on the exterior are the most important. Mr. Gagne stated they are seeking estimates from con- tractors in the Burlington area and can provide a contract to show the cost which will approximate 2.2 million. It was stated that $26,000.00 of landscaping is required for a 2.2 million dollare development. There was more discussion, re: parking area. Buffer strips which were in- cluded in Mr. Ward's memo were discussed and Mr. Cagne stated that the buffer zone recommended will be put in. Mrs. Maher read a letter from Mr. Unsworth, a copy of which will be included in the minutes. There was discussion, re: deliveries. Mr. Gagne stated there would be deliveries on the west side and there would be a service area on the east side too and an off -hour service area provided in the front -.of the mall. Mr. Gagne stated the lighting was shown on the sheet given to the Commissioners. They intend to provide more light stands with lower density to look like a small village. He stated that after business hours, most of the lights could be turned off with the exception of those for security. He stated they are similar to what is installed in residential areas by Green 74ountain Power - a colonial type lantern. No provisions had been shown for bicycle parking but on the revised plan, there will be bicycle parking. 7N;r. Levesque stated that 30 bicycle sites are not enough. 7:7r. Cagne stated that if these are not enough, they will provide more. Mr. Levesque stated that in this development, there is too much parking planned. Mr. Gagne stated that they are planning for 170 squ feet for a parking space. In the Zoning Ordinance it requires 1 parking place for every 200 square feet. It was stated the parking spaces are 9 x 19 sq. feet.in their plan, and they have planned for 401 parking spaces. It was stated that 408 are required. ;',jr.: .7r. Gagne stated he was not a,are they were under- size on their parking space sizes. There was much more discussion, re: 4. parking spaces, size, etc., Mr. Poger suggested that the Commission postpone the question of the parking spaces to another hearing. There was discussion, re: laying out parking spaces for small compact cars and large cars. It was stated that the size of the parking space conforms with the Zoning Ordinance if you take into consideration the usable floor space in the development. Mrs. Maher stated Don Rich of the Regional Planning Commission looked at the original plan and she asked Steve Page to take all the documents, plans and letter from Mr. Lamoureux to Mr. Rich to get his opinion as to external and internal traffic. The minor stream was discussed, re: memo from Mr. Szymanski. It was stated that they could pipe the stream to the back of the lot. There rras discussion, re: piping the stream, the location of the pipe. ,,r. `Y;essel stated he is against piping the stream. Mr. Szymanski stated it would be a big imprivement to pipe the stream to the rear. He also stated the channel has to be cleaned all the way through, as silt has built up in it. Mr. Szymanski stated that whoever owns the property should maintain the stream. There was discussion, re: CO - no building for 50 feet on either side of a minor stream. Mrs. Maher stated she would contact the City Attorney, re: problem of the stream. It was stated that anything within a fixed location on the ground cannot be within 50 feet of a minor stream. Off street loading and reloading were discussed. They have 4300 sq. feet. Most stores will have a back access door and they will designate the front of the mall for off hours service area. Now, going to the memo from Steve Page - Item lb deals with thesame minor stream. Item B2 deals with 75 foot setback from Williston Road. It was stated the parking can be moved if the City wanted to provide another lane. There was discussion, re: deceleration land. It is the developer's proposal to furnish a traffic light. The entrance to the development would be approximately 590 feet from Hinesburg Road. Dis- cussion on traffic was postponed. There was discussion, re: power lines. They will be underground to Williston Road. There was also dis- cussion, re: easements for public utilities. It was stated there was an easement for a sewer that is the only easement on the property. They can provide an easement to the other side of the property. There was discussion by Mr. Szymanski, re: flow of sewage. He would like the possibility to connect it straight into Hinesburg Road. There was discussion, re: drainage easement. There was discussion, re: entrance, one way graffic movement in the parking lots. Mr. Gagne stated he will get a copy of a study that shows that they have the ideal condition and they would like to stick with their plan. As to the Ramada property, they would welcome a street coming into the back portion of the mall. As to pedestrian traffic, there would be a trail provided so people could walk in the back. Mr. Unsworth will be asked if he wants pedestrian traffic to his property. There was discussion, re: 15 foot strip for right turn land into Hinesburg Road. Mr. Gagne stated that they would not mind losing 15 feet to the street. Mr. Szymanski stated the City needs another lane on Hinesburg Road and also a right turn lane to Hinesburg Road. It was stated that traffic signals will be handled by the engineers, also drainage and water and sewers. 5• Mr. Gagne discussed the letter from Mrs. Maher, re: traffic. Mrs. Hildick stated the Natural Resources Committee could comment on the stream. She stated that the stream should be preserved as much as possible. The Commission will contact Mr. Schuele for a comment on the Stream. Mr. Martell commented on the stream, re: what an absolute mess it is. Mrs. Hildick stated she would like to get an opinion from the Natural Resources Committee. Mr. Levesque stated that this water could be piped out to make a pond. Mr. Martell stated it is so slow moving that it would become stagnant and create mosquitos, etc. Yr. Gagne had brochures to show the building and the inside of the mall which he passed out. He stated they want to have a rustic exterior - the bottom of the building will be white stucco, the top brown, stucco or brick or rough wood on the walls. Mir. Wessel stated that he has a concern, re: the energy consumed by a closed mall with a glass roof. He would like simple ventilation. There was discussion by Mr. Gagne, re: using thermo plastic on the roof, thermopane, few entrances, height and length of mall and width of mall. It will be 360 feet in length. Mr. Gagne stated that they could come in next week. Mr. Lamoureux then spoke, re: high points Mr. Gagne may have missed and traffic. He stated they had a consultation with Mr. Bill Hall and Mr. Sears.of the State. They were shown the plans and reviewed then and i had a lot of input, re: parking area. They reviewed the five types of trees on the plan. The trees had been selected because they are hardy. Mr. Hall and Mr. Sears thought that the amount of plantings was more than adequate. It was stated the developer would provide trees in the 15 foot green belt between the property and Mr. Unsworth's property - colorado and white spruce - 50 trees on the southerly side of the parking area which are more than adequate to screen the area. Mr. Lamoureux had a sheet showing the drainage plan. He stated there was a to slope going south. The lighting plan was discussed again. It was stated that low wattage fixtures are planned for a park like atmosphere. The plan was worked up in conjunction with the land- scaping plan. Traffic was then discussed. He showed a graph g the amount of traffic on Williston Road. There was discussion, re: existing flows of traffic on Williston Road. It was stated that 17,450 cars a day pass on Williston Road in the area where the entrance will be. The current peak traffic is 2600 cars per hour and the amount generated by Champlain Mall would be about 270 cars. A traffic signal is recommended at the entrance. There wad discussion, re: traffic going both ways on Williston Road. It is similar to the entrance to Gaynes. There was discussion, re: right turn exit as is now at Grand `'lay and Sears on Shelburne Road; and pedestrian traffic on Williston Road. Mr. Poger stated he would like an estimate, re: this light and the light at Hinesburg Road - how they could be coordinated. Mr. Szymanski stated the lights should be coordinated. ?,'rs. Hildick asked about any anticipation of cars coming out of the 3' Bolton Shopping area and trying to make a left turn on Williston Road to go west. There was discussion, re: right of way through Pomerleau's property. It ;ras stated there is 550 feet from Hinesburg Road to the Entrance to the development. i.'r. filessel asked about a lane off 6. Williston Road to Hinesburg Road. It would have to come from the Bolton road and the gas station. Mrs. Maher will bring all the papers, letters, etc. to the Regional Planning Commission and ask for comments about this plan relating to traffic, etc. and anything the Commission might ask the developer. Mr. Page was asked to make copies of Mr. Lamoureux's letter for everyone including Don Rich of the Regional Planning Commission. Mrs. Maher asked that Mr. Ward submit this plan to the Tree Planting Committee and also ask Mr. Hall and Mr. Sears their thoughts, re: this plan. Mrs. Maher then thanked the gentlemen for coming and she would see them next week at 8:30 P.M. DISCUSSION ON BICYCLE TRAILS, RECREATION COMMITTEE Mr. Bud Etherton of the Recreation Committee gave the presentation. He stated a subcommittee of the Natural Resources Committee have been meeting to come up with some kind of a plan. They have sited a few routes for bicycle trails. One of the routes has been named the South- east Quadrant Scenic route. The other one is called the Highschool- to Lime Kiln Bridge route. This involves using 40 signs - there is money in the Recreation Dept. for the signs, and the Jaycees are will- ing to finance them in some way, and the Jaycees are willing to help install the signs. They want to have them in by June 8, 1974 with a bicycle festival. Mr. Etherton stated that they needed to do something with Williston Road and Shelburne Road. They would like lines painted 2 feet from the curbs on Williston and Shelburne Roads, indicating the two feet are for bicycles. They will first have to check with the State. There was discussion, re: drains on the road that are difficult for a bicycle to pass over. Mr. Roger Curtis suggested that either on the sign or an advertisement, people should be directed which way to go. There could be arrows on the signs. There was discussion, re: ex- tending the shoulder and having the bicycle in their own lane. Mr. Etherton stated that motorists could be alerted that there would be bicyclists on these routes. Mrs. Maher stated that it is nice to see that one of the proposals in the Master Plan is being worked on. CONSIDER REQUEST FROM MR. WILLIAM HAAS, RE: EXTENDING THE PRESENT ft'4 BOUNDARIES TO INCLUDE A PARCEL OF LAND CONTAINING APPROXIMATELY 12ACRES, LOCATED OFF JOY DRIVE This parcel of land concerns the Pine Creek proposed development. The developer is asking that the land be rezoned - it came in as an R4. A formal letter requesting under Title 91, outlines the boundaries and Mrs. Maher read the letter from Mr. Haas for PY,r. Pyiitchell. There was discussion, re: public warning, going before the Cityyr Council, etc. The request is that 12 acres of land be rezoned to R4.which would be an extension of the land it abutts. Mr. Poger stated we have set up the Comprehensive Flan and map, re: so much commercial and so much residential. There should be sufficient cause shown why it should be changed, and is it in the best interests of the City. ;sr. Witchell stated he didn't think ;you could get more revenue from something; else other than the 50 units. IVSr. Poger stated there is a larger outlay for sewers, etc. °r. i,itchell stated he thinks the return will be