Loading...
HomeMy WebLinkAboutBATCH - Supplemental - 0123 Nesti DriveFROM :. City of So. B FAX NO. : 1 802 658 4748 Jun. 20 2002 05:02PN P2 P SI7:'E PLAN ESCROW' AGREEMENT THIS AGREEMENT, executed in triplicate by and between Burlington , hereinafter referred to as Developer", the CITY OF SOUTH BURLING ON, hereinafter referred to as "Municipality", and the Bankno th . N . A . , hereinafter referred to as "Bank". WITNESSETH: WHEREAS, Developer has received site plan approval from the MUNICIPALITY'S Planning Commission for the development of property located at to plan entitled " nd prepared by WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this Agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the City approval; and WHEREAS, the Bank executes this Agreement solely in the capacity of escrow agent. NOW THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said site plan and related documents: S 2. The Developer shall complete the improvements set forth in Paragraph one no later than Oct 1 Lo 0 ) _ 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within three (3) years after completion of the improvements set forth in Paragraph one. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by thus Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guaranty of Developer's performance of all requirements hereinabove $et forth, and prior to the issuance of any zoning permit for : � , Developer and Bank agree that the sum of $ 9 , 500.00 shall be set aside and held in escrow by the Bank 1 JUN 24 2002 17:21 1 e02 659 4748 PAGE.02 FROM City of So. H FAX NO. : 1 802 658 4748 Jun. 20 2002 05:03PM P3 1 � and shall be available for payment to the Municipality in accordance with the terms herein set forth. 5. If the Municipality shall file with the Bank a statement that the Developer is in the judgement of Municipality in default tinder the terms of this Agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality, in amounts not to exceed a total enabling the Municipality to complete improvements and requirements set forth in this Agreement. 6. The Municipality will promptly submit to the Developer a copy of such statement as it files with the! Bank. The consent of the developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 7. The Municipality shall not file with the Bank a statement of default until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. 8. All monies released by the Bank to the Municipality pursuant to paragraph five (5) shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this Agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and material basis or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgement of the Municipality shall accomplish the work most expeditiously and economically. 9. If monies are released by the Bank to the Municipality pursuant to paragraph five (5) and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this Agreement. 10. The 'Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph seven (7) of this Agreement. 11. This Agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby, and the completion of the warranty period set forth in paragraph three (3) . 12. The sum of $9,500.00 shall be maintained in escrow until certification to the Bank by the. Municipality of the completion of the warranty period set forth in paragraph three (3) . 2 JUN 24 2002 17:22 1 802 658 4748 PAGE.03 FROM : City of So. B FAX NO. : 1 802 658 4748 Jun. 20 2002 05:03PM P4 13. This Agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. Dated at Ta B myk'^g this day of a-S , - Z _ 1 (DEVELOPER'S NAME) Burlington Self Storage, LLP Witness By: Witness Duly AuthokIzed Agent Dated at this day of CITY OF SOUTH BURLINGTON Witness l� By: Witness Duly Authorized A nt Dated at 57S w this day of ,9-R7_i )F BANK - 3RD PARTY) Banknorth, N.A. r .tip � B y : , - 61 S- -o y ,ly Authorized Agent 14-7- 9VAU.47*V, V-r 3 JUN 24 2002 17:22 1 902 658 4748 PAGE.04 (' Rao Cl7f OF B O T:U,TTB R=�,TG ON D EPARTYMNT OF PLANND1G & ZGNZ%T G 575 5 EOESET .STREET S0IT"L-T-I BURLINGTON, I ERMONT 05403 (802) 846-4106 FAX (802) 846-4101 CAJ No Text State of Vermont Department of Fish and Game Department of Forests and Parks Department of Water Resources Environmental Board Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council AGENCY OF ENVIRONMENTAL CONSERVATION MARTIN L. JOHNSON • II Secretary Montpelier,Vermont OCT 2 31971 MANAGER'S OI°PICE CITY SO. 9URLINGTO14 Mr. Stanley M. Wilbur, P.E. Webster -Martin, Inc. 1025 Airport Drive, P.O. Box 2246 South Burlington, Vermont 05401 Dear Mr. Wilbur: DEPARTMENT OF WATER RESOURCES October 11, 1973 RE.: Wickes Corporation South Burlington, Vermont Based upon a technical review of the wastewater disposal plans for the referenced project, it appears that the concept of pumping the ground -up waste to the existing city sewer system is generally accept- able. However, final approval cannot be given to the installation of the facility until the following information and/or changes have been received and found to be acceptable. (1). The location, size and type of the water supply line serving the building. (2). The elevation difference between the sewage pump facility and the sewer main tie-in and between the building and the pump station. (3). Dual pumps are required with typical three -level controls -- one control for turn off, one for turn on one pump and one for turn on two pumps (plus sound and visual alarm). Alter- nation of pumps is accomplished by an electric alternator. (4). Capacity of pump station should be specified. (5). Provisions for access to pumps and electrical facilities for maintenance (lights, outlet), should be specified. (6). It is recommended that additional cleanouts be provided in the PVC force main. Also, based upon our rough cal- culations, the 1z" line appears to be too small (a 2" line is recommended). Page 2 Wickes Corporation South Burlington, Vermont (7). Complete interior plumbing, heating, lighting and venti- lation plans are still required. At such time as the information indicated by this letter is received, another review will be conducted to determine compliance with the regulations. DL:jnc Sincerely, De A -Lutz Environmental Engineer CC: Mr. James Lamphere A.A., 346 Shelburne St., Burlington, Vt. 05401 District Environmental Coordinator Department of Health Administrator, Land Use and Development Selectmen, Town of South Burlington, Vermont DONALD E. O'BRIEN ATTORNEY AT LAW 231 801UTH UNION STREET BURLINGTON, VERDIONT 05401 AnzA CODE 802 Tar.EPHoNn 803.6879 July 13, 1973 Mr. Richard Ward Zoning Administrative Officer City of South Burlington Williston Road South Burlington, VT 05401 Re: The Wickes Corporation Dear Mr. Ward: Enclosed herewith is Application for Building Permit for The Wickes Corporation. As attorney for The Wickes Corporation I am authorized to state that the corporation understands and agrees that the building permit will be granted upon the following conditions which were established by the Zoning Board of Adjustment on June 30, 1973, and the City Council on July 2, 1973. 1. Sewage and drainage will comply with the City Engineer's and the Environmental Protection Agency requirements. 2. The Wickes Corporation will tie into a service road system, if available at a later date. 3. That if The Wickes Corporation requests the access road become a deeded city street, The Wickes Corporation will acquire the appropriate additional land. 4. That one percent of the cost of the structure will be allocated toward landscaping (which is approximately $2,000) . 5. That at such time in the future The Wickes Corporation or its successors decide that the entrance right-of-way should serve as a city street, that the property owner to the north would be allowed the use of the road; and that party requesting the road acceptance upgrade the road to city standards, Very ttrulyOours, �iiald' Ei /' rien DOB/seg Enc. ` INSURANCE C(rMPANY OF NORTH AMIL'RICA CONTRACT BOND STATUS QUERY Date 1-17-74 YOUR NO. Y I OUR BOND ON BEHALF OF ")()629 I WICKES LUMBER, A DIVISION OF WICKES CORP, . C-'NTRACT FOR landscaping project as per plans of file with the City of So. Burl y cos; prejudicing your rights or affecting our liab'_lity under our bond(s) referred to above,please furnish th• , ,,.'..ia r .;:,nested below. Please return both copies in the ATTACHED ADDRESSED ENVELOPE. F- City Hall City of So. Burlington Vermont JAN 21 1974 -1 M A N A C -Z CITY 5'. L HAS CONTRACT BEEN COMPLETED?..... NO Z. IF COMPLETED, PLEASE STATE Signed L "'-a et7 Depert*. A . a. Date of acceptance ........... ..... .......................... b. Total amount of completed contract? ........................... 3. IF NOT COMPLETED, PLEASE STATE a. Probable completion date ...................................... b. Amount paid contractor to date ................................ c. Amount withheld as retained percentage ........................ 4. HAS WORK PROGRESSED SATISFACTORILY? ...................... 5. ARE THERE ANY UNSATISFIED CLAIMS OR LIENS ON FILE?... REMARKS: Wickes Cowration has not started construction please continue the bond. ___-_- r Signed r _ Dated 1 /24/74 Title Zoning Administsative Officer ss-29a 25M 11-7-69 Printed in U.S.A. HOME OFFICE COPY "�':' The Wickes Corporation I� 351 West Dundee Rd. Wheeling, III. 60090 312/ 541-0100 July 6, 1973 City of South Burlington c/o Wiemann-Lamphere Architects Mr. Jim Lamphere 346 Shelburne Burlington, Vermont 05401 Re: Dear Mr. Lamphere: +�IC'�1AR FRG�ITC�%T BURLINGTON, VERMONT LANDSCAPING BOND The Wickes Corporation would be willing to furnish a bond for the purpose of landscaping. Very truly yours, L. 0. Pokladnik Real Estate Representative LOP/kp cc: Charles Diggle A. J. Nasso K. Young J. B. Thompson June 22, lg73 The Wickes Corporation 351 .`est Dunder bLd Iheeling, Ill. 60090 Attention:'Ir. J. W. Cunningham Dear i4r. Cunningham: This letter is to inform you that the South 3urlington Zoning Board of Adjustment granted approval of your request at its June 20, 1973 meeting. The 13oard did, however, stipulate the following: 1. that sewerage and drainage comply with the City engineer and Environmental Protection Agency regiiirements, 2. that Wickes 'orporation agree that they will tie into a. service ro,-c3 system if available at a later date, 3, that if idickes requests that the access road' Womes a deeded City street they ('°:i_c es) ►ill acquire the additional land (20 feet), and 4. that one per rent (1%) of the cost of the structure be allocated for landscaping. This reciuest requires sanction by the South Burlington City Council. The Council will hold it's next meeting on Monday, July 2, 197 at 8:00 p.m. in the City Full, Con "'erence Roo,.?, 1175 Williston tioad. Please plan to be in attendance for tl.is greeting. Very truly, Pi(,hard 1a.rd Zoning Ad:_riizistrative Qficer 11w/ j IA) iG /�4 -.s o�n R Ce, �u7'41',ee �SG� G-�,eUFI U s Al ,44fG 1 Iez Mr. Farrar made a motion that the City Countil approve granting of the use variance with the additional stipulation that at such time in the future as it is decided, that the s4ickes Corporation right of way would serve as a street; that being the Wickes Corporation or their successors they would be willing to allow use of this to the people nxi owning property to the north and that it whould be upgraded to city standards by the persons or parties making the request. rtiir. Flaherty seconded said motion which passed unanimously. A G E N D A SOUTH BURLINGTON CITY COUNCIL MEETING CONFERENCE ROOM - CITY HALL 1175 WILLISTON ROAD SOUTH BURLINGTON, VERMONT Monday, July 2, 1973 7:00 P.M. 'EXECUTIVE SESSION 1. Meet with Unions to finalize contracts: 7:00 P.M. Police Union 7:30 P.M. Highway Union 8:00 P.M. BUSINESS MEETING 1. Reading of the minutes of the meetings of June 18 and 25, 1973. 2. Sign the disbursement orders. 3. Continued discussion of City employees wage increase petitions tabled from the meeting of June 18th. 4. Appointments to City Planning Commission to become effective July 15, 1973. 5. Sanction Use Variance of Wiekes Corporation, approved by Zoning Board of Adjustment on June 20, 1973. Request is to construct a lumber retail outlet on Shelburne Road - rear of Automaster. 6. Review and sign the City Employees Retirement Plan contract. 7. Health regulations relating to private sewage disposal systems - William Robenstein. Respectfully submitted, c. William J. Szymanski, City Manager July 3, 1973 Wickes Corporation 3.511 West Dunder Road Wiieeling, Illinois 60090 Attention: Mr. J. Yl. Cunningham Dear i4r. Cunninglkiwt.. This is to notify you that the City Council, meeting on July 2, 1973,santioned your request for a use variance with the following motion; %ir. Farrar made, a motion that the City Council approve granting of the Use Variance, with the additional stipulation that at such tiw.e in the future as it is decided, that t1ne Wickes Corporation tight-of--c,,,ay would serve as a street; that being the Wickes Corporation or tiiL--ir successors they would be willi--Z.,! to allow use of t1lis to t"Lle people o,-ning property to the north, ane that it would be upgraded to city standards by the persons or parties making the request." Councilman Flaherty seconded said motion which passed unanimaously. Very truly yours, Richard Ward Zoning Administrative Officer RW/h State of Ver niont Department of Fish and Game Department of Forests and Parks Department of Water Resources Environmental Board Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council AGENCY OF ENVIRONMENTAL CONSERVATION MARTIN L. JOHNSON Secretary Montpelier,• 0561 PV?ARTMENT OF WATER RESOURC November 12, 1973 NOV 151913 Mr. Stanley 11. Wilbur, P.E. Webster -Martin, Inc. 1025 Airport Drive P.O. Box 2246 South Burlington, Vermont 05401 Dear Mr. Wilbur: MANAGER'S OFFICE CITY SO. BURLINGTON Re: Wickes Corporation South Burlington, Vermont Another technical review of the wastewater disposal plans for the referenced project has recently been conducted by this office. Based upon this review, approval for the wastewater disposal plans is granted. Full public building approval for the facility still can not be given inasmuch as the water supply plans and interior plumbing, heating, lighting and ventilation plans have not been received. At such time as the .remainder of the plans are received, another review will be conducted to determine compliance with the Health Department Public Building Regulations. Finally, only one set of wastewater disposal plans was submitted to this office for review. Please submit one additional copy of the plan in accordance with the guidelines so that an approved copy can be returned to the owner. Sincerely, Dennis E. Lutz, Environmental_ Engineer DEL:drh CC: Mr. James Lamphere, AIA, 346 Shelburne St., Burlington, Vermont 05401 District Environmental. Commission 44 Department of Health Admini-strator, Land Use & Development Mr. William J. Szymanski, City Manager, South Burlington, Vermont Hearing Date Advt. Date _ Advertise 6 days prior to meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third Wednesdays of the month at 7:30 p.m. at the South Burlington City Hall, Conference Room. The legal advertisement shall appear as below, and I agree to pay, either now or before the ad appears, a fee of $30.00 which fee is to off -set costs of holding said hearing. Signature and Address Date -' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SOUTH BUR LINGTON ZONING NOTICE The South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on , day of week at __ to consider the following: month and date time .2 Appeal of J., (�%. (;ca�au,/1w,,., . ...{. , ,seeking a' name variance from Section / , s�-, �4 jO�� ��" of number title of section the South Burlington Zoning Ordinance. Request is for permission to /'As . 3Lw+. .b'/ dam. �.� G�, ,� a-►�.- a . yG7 © i` 4PA /11 11;41� A-ooe.., la Y, ZONING BOARD OF ADJUSTMENT The Wickes Corporation TO 351 West Dundee Rd. Wheeling, III. 60090 312/541-0100 p i u ►2 / i n�6► 7v�v , V I? w► v u GENTLEMEN: WE ARE SENDING YOU N Attached ❑ Under separate cover via Q SHOP DRAWINGS ,® PRINTS Q PLANS COPY OF LETTER CHANGE ORDER Q DAT JOB NO. ATTENTION RE: r 1 A- G 'f"v /v V'l� z h' 1Z a SAMPLES _the following items: SPECIFICATIONS COPIES DATE NO. DESCRIPTION S THESE ARE TRANSMITTED as checked below: 0 FOR APPROVAL 0 APPROVED AS SUBMITTED FOR YOUR USE APPROVED AS NOTED AS REQUESTED 0 RETURNED FOR CORRECTIONS FOR REVIEW AND COMMENT = DESTROY PREVIOUS PRINTS - REMARKS . % r)r '/_7IVC RESUBMIT Q SUBMIT — Q RETURN _ COPIES FOR APPROVAL COPIES FOR DISTRIBUTION CORRECTED PRINTS COPY TO r FORM 7451C SIGNED: ;I/,-''� If enclosures are not as noted, kindly notify us at once. Hearing Date µ%-z 4'1 1 "_3 �%�°� �� y% Advt. Date -� �' Advertise 6 days I prior to meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I'hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third Wednesdays of the month at 7:30 p.m. at the South Burlington City Hall, Conference Room. The legal advertisement shall appear as below, and I agree to pay, either now or before the ad appears, a fee of $30.00 which fee is to off -set costs of holding said hearing. v. cT. C .w•. % l 8 MA13 Signature and Alddresi Date SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on*� , day of eek �y73 at to consider the following: onth and date time Appeal of �i..y..�+"'' 'l "``� seeking a name .variance from Section/o , �'�a of number title of section the South Burlington Zoning Ordinance. Request is for permission to �:17:4 � /d O '.lam/D o � ZONING BOARD OF ADJUSTMENT ,e e -Ile A/ C' Af �2CG E� lGq *,rleee- S 5 The Wickes Corporation 351 West Dundee Rd. Wheeling, Ill. 60090 312/541-0100 April 19, 197J Richard Ward Zoning Administration Office City of South Burlington 1170 Williston Road Burlington, Vt. He: Proposed Lumber Store Dear Mr. Ward: Enclosed are two sets of prints showing our proposed site plan, building floor plan and elevations for a lumber store west of Shelbourne Road. I will appreciate your scheduling our application to the Board at the earliest possible time. We are now proceding with a topographic survey and perculation test. We will furnish any additional information that you request and will have a representative at the scheduled meeting. Yours truly, J.W. Cunning am Project Manager JWC/bm cc: Charles Diggle 11 May 31, 1973 "Phe �^'ickes Corporation 351 1''est Dunder Foad Wheeling , Ill. 600go Attentions "Tr. J. Iv.7. Cunningham Dear Mr. Cunningham: Be ad'. iced that the SoutLl rurlington Zoning Board of 'djust- ment will hold a public hearing, at the South Burlington City Hall, Conference Po=2 1175 ',,Iilliston road on "'ednesdayq Juno 6. 1073 at 7:30 p.n.i. to "onsider your request to a zonin- va-riance. Please plan to Very truly, Richard "'ard 7 Zontnj!Wmlnistrative O"I"Ticer T �Iw/j yu�d �t r ( Yoh : � n 1 �,• 1t� F � f 1: t: 7 ' a y cif% I' S �wHt, pp rt r" rx tmoo c1�4>k,4a ,; 1�f . ' : ,r All a , i "'a +. t 60 ..' R4 1 �M In ma ( , b r a y y �. t n ��✓W fy7 .�`�,� � �4 ,u r �# �[, '� P t�,74 ���, l x fq' S. rY O4,a tx y : at � �, +�j� ,e�'t �. .i"��i`, 75, P ��z V+F p, ,fFa a �f kyl f 6 tf��f r q ye a �,°7aba'At �x .'j ry'� akyl"e ° ��f.. ieEly ' f d M1", p' ,a a,@ a k 4 °�r" ef+ R o �t f OFF, W. *4; a Fit 3' ; P ¢r ' t dr rr (y< r � v ,� a. F i, F ear5 4 d r4Ni7o ��rsn A'. hti�at• � 0. 11 k`��Aw'4'i� .`✓''k�.� .�. ��: 'Y ;� .-i�'T �`�d(Ga � �,.hk�. �`���> ;�'ik+�44... �'��i,$ti !�.,�.. �t;4r1 {fp'�".9 �n� ru I�'� ` ^',^,. �b"� � } xP >".� } .� a� J k •' � �� :,.y a;>a•✓ gLy � < a r ,ray ,, ( 1 +�; � �r ." • �� r " �.�,w,� g f '4 114 q.;�k i' t i,,,� . 9 � t?� a', 4 '�jk 9� tip: , U Igo a a ff s �V, F r k b I Ytlk&' d a, .e .vky�, �` -, •'N^a^u ��' x e6Y�"d LCL�_....n ..7. .. + ..i r�..l��'I �.i'� �4., 4 r'W �Nu. i >Y g styy x, j9 S y r WEBSTER-MARTIN Incorporated P. 0. Box 2246 SOUTH BURLINGTON, VERMONT 05401 L IE TT IE 2 O F U M VA TT MU Phone(802) 864-0223 TO GENTLEMEN: — WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter DATE - Z JOB NO. ATTENTION / RE —> _ "ttached ^ ❑ Under separate cover via D-Prints ❑ Plans ❑ Samples ❑ Change order ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 7 P THESE ARE TRANSMITTED as checked below: ❑ For approval Cj--For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO Fam 240 T — New E gl& M Business Sm-, Ise.. T—seg w ,s SIGNED: r- / y -,— if enclosures are not as noted, kindly notify us at once- W IEMANN - LAM PH ERE, ARCHITECTS 346 SHELBURNE STREET BURLINGTON. VERMONT 05401 TELEPHONE (802) 863-5056 RICHARD H. WIEMANN A.I.A. JAMES A. LAMPHERE A I.A, October 26, 1973 Mr. Richard Ward Zoning Administrator 1175 Williston Road So. Burlington, Vt. 05401 Re: Wickes Corporation Dear Dick: I am writing this letter on behalf of Wickes Corporation. Per our conversation of this A. M. , Wickes Corporation has agreed to do items mentioned in the attached letters from the State Highway Department, dated October 10, 1973, and from the Agency of Environmental Protection, dated October 11, 1973. Sincerely, James A. amphere, A. I. A. JAL/j r„1 State of Vermont Department of Fish and Game Department of Forests and Parks Department of Water Resources Environmental Board Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council Mr. Stanley M. Wilbur, P.E. Webster -Martin, Inc. 1025 Airport Drive, P.O. Box 2246 South Burlington, Vermont 05401 Dear Mr. Wilbur: AGENCY OF ENVIRONMENTAL CONSERVATION MARTIN L. JOHNSON Secretary Montpelier, Vermont 05602 DEPARTMENT OF WATER RESOURCES N. ?_ 1 o... October 11, C�'r { R H ��D H. bVic'�9.A J;�', A.I.A. ARCH i i EC T RE: Wickes Corporation South Burlington, Vermont Based upon a technical review of the wastewater disposal plans for the referenced project, it appears that the concept of pumping the ground -up waste to the existing city sewer system is generally accept- able. However, final approval cannot be given to the installation of the facility until the following information and/or changes have been received and found to be acceptable. (1). The location, size and type of the water supply line serving the building. (2). The elevation difference between the sewage pump facility and the sewer main tie-in and between the building and the pump station. (3). Dual pumps are required with typical three -level controls -- one control for turn off, one for turn on one pump and one for turn on two pumps (plus sound and visual alarm). Alter- nation of pumps is accomplished by an electric alternator. (4). Capacity of pump station should be specified. (5). Provisions for access to pumps and electrical facilities for maintenance (lights, outlet), should be specified. (6). It is recommended that additional cleanouts be provided in the PVC force main. Also, based -upon our rough cal- culations, the 12" line appears to be too small (a 2" line is recommended). +414+[' 1+^'. .�':^�^ ,..,• 7� q-�.. .,.. ^•, rye^. ,..rs-�:r. .v.w,,.-...�,... .v .,�.a•.a- �,.,..,-•rr�,rr.-..-^:m'�"rsi!.m.'T+'..��..y�s!:N!'.ve%'^.3 i�FC`n'^+.;?.7.+�...v.�'-^!.,...-.-,ta-.m.--.__,._._,., Wickes Corporation .7 South Burlington, Vermont (7). Complete interior plumbing, heating, lighting and venti- lation plans are still required. At such time as the information indicated by this letter is received, another review will be conducted to determine compliance with the regulations. DL:jnc Sincerely, C) Denn s Lutz Environmental Engineer CC: Mr. James Lamphere A.A., 346 Shelburne St., Burlington, Vt. 05401 District Environmental Coordinator Department of Health Administrator, Land Use and Development Selectmen, Town of South Burlington, Vermont ...>,.ey,T•au+.r :Eaa..�.. �txvi+isagn:c�'.+zr - .�. .. .. ,.....;.. ,-.: �, ,..__., ._ ... __,.-:-:.,,-�-. _...-,.m rn�. �...^a•r:.-e.z...r.-.��� v.�.�.�m�:�...,��r.?�;rgp =.. �.,,�;�arpF..�.�+recap,..gy....,..g•.�.-s-_�'..e,�.'"'T-,r.�•-+"�-- OFFICE OF THE COMMISSIONER RICHA€'O € i. W€EN,r,-JM, A.I.A. ARCHITECT STATE OF VERMONT DEPARTMENT OF HIGHWAYS MONTPELIER 05602 October 10, 1973 Mr. James A. Lamphere Weimann-Lamphere, Architects 346 Shelburne Street Burlington, Vermont 05401 Dear Mr. Lamphere: Wickes Corporation - So. Burlington Following our meeting yesterday, I discussed your proposed entrance with other members of the Department. We strongly feel that this additional drive should be combined with the northern drive for Automaster and be in conformance with either Detail C or Detail E of Highway Department Standard Sheet B-71, copy attached. This will require the cooperation of Automaster. However, we wish to point out that access permits are revokable, and we feel we are on firm legal ground in insisting on the single drive in conformance with the Standard Sheet. We feel this is in conformance with Title 19, Section 43, recently amended, concerning work within the highway right-of-way and the reduction and combining of accesses where practical. Very truly yours, G. W. Ayers Utilities Engineer GWA:dcm Attachment -.:,.w„wr+.s,�R•t�S�F?�4*va���aR� .,-.,,�.,;-_- � r.....-.. �... .. _ __..,.�: _ .;.,.:..,-,::,:. .. �a+�::-s�r��p',,--'�'�p��1P+�#!�4'�a:+:�!-�i�-�=-•-,:,.•T�---. CONTRACT BOND (Short Form) INSURANCE COMPANY OF NORTH AMERICA Bond No. !fNR 85 06 29 PHILADELPHIA Premium $30.00 For two years know all om 36p tbeze i3mgmt.9, That we, Wickes Lumber, a Division of Wickes Corporation (hereinafter called "Principal"), as Principal, and the INSURANCE COMPANY OF NORTH AMERICA, a Corporation organized and existing under the laws of the State of Pennsylvania, and authorized to transact business in the State of Vermont , (hereinafter called "Surety"), as Surety, are held and firmly bound unto City of South Burlington, Vermont (hereinafter called "Obligee"), in the penal sum of Two Thousand and no/100 ------------------------------------ Dollars ($ 2 , 000.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 13th day of July A. D. 19 73. WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 13th day of July 19 73 for landscaping project as per plans on file with the City of South Burlington, Vermont which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein for the purpose of explaining but not of varying or enlarging the obligation. Now, therefore, the condition of the above obligation is such, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect. PROVIDED, however, this bond is executed by the Surety, upon the express condition that no right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and shall e construed strictly as one of suretyship only. Wickes Lumber, a Division of the Wickes Corporation BY 1i�........................................................................................................... ... . 'ountersigned b INSURANC C PANY OF NORTH AMERICA By: ... r� � Erne G Hal.............//y........... fait.... SB-57 Ptd, in U.S.A. Attest:. ..............�.................................................. CONTRACT BOND ON BEHALF OF IN FAVOR OF Eff<ccivr Date .................... __..._....._..._.._..._._....... __............ 19. BondNo............................................................. _...... INSURANCE COMPANY OF NORTH AMERICA INSURANCE BY NORTH AMERICA PHILADELPHIA POWER OF ATTORNEY INSURANCE COMPANY OF NORTH AMERICA I'll ILADELI'III %. PA. knout all men by tbete pre0ento: That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, that the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney -in -Fact. (2) "Unless signed by an Attorney -in -Fact• such writings shall have the seal of the Cotnpany affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an Attorney -in -Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by writing the word "Seal" or the letters "L.S." after his signature). (3) "Resident Vice Presidents, Resident Assistant Secretaries and Attorneys in -Fact may be appointed by the President or any Vice President, with such limits on their authority to bind the Company as the appointing officer may see fit to impose. (4) "Such Resident Officers and Attorneys-iu-Fact shall have .authority to act as aforesaid, whether or not the President, the Secretary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu- tion, the By -Laws -of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) "Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint ERNEST S . HALL, of the City of San Diego, State of California its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity of persons holding places of public or private trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company attached thereto by the said Ernest S. Hall, individually. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Com- monwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, the said.__....._......... HUGH M. SINCL... ._...... Vice-Ifesident, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this ..... ... ..... ............. 20th _day of ... _.............S.ep.t.emb.ex........ _ 19..72..... .................. .........__ ......_... . INSURANCO)< A�N�Y OFH,AMERICA (SEAL) by _ ....__ __ Vace-P1. resident STATE OF PENNSYLVANIA ss. COUNTY OF PHILADELPHIA On this....... ....._20th . ............ day of ..... __.... September.. . _..... ...._, A. D. 19-72. , before the subscriber, a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came HUGH_,.M. S_I.NCLAIR_... __ _ Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instru- ment by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding ins�rument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. OF O Notary Pub j v ' on4x ires December 15th, 1975 n , Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that m TORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. pp have hereunto subscribed my name as Assistant Secretary, and affixed t e rporate seal of '...13th.._...... ..day of { 19..... Z -_I ( A_ t s stunt Secre ry $B-iB PRINTED IN U S A December 11, 1973 Attorney Donale O'Brien 231 6cuth Union Street rurlington, VT 01.51+01 Dear Attorney O'Brien: Be: Wickes rorp. ':onin,:--, Appeal This letter is to inform you that the SoutIn Burling ton i t Zoning Board 0 Adjustment vTil1 hole, a public hearing at the City Hall� Conference I'loom, 1175 �-Iillicton Road on `�onday, December 17, 1973 at S:00 p.m. tr) consider the zoning, variance req, 11 uest, of *,,,,jickes Corporation. Please plan to attend. Very truly, Richard. Ward Zoning Adm-4-nistrative Officer RW/j #1 Appeal of �ick�s Corn. Atty. Donald O'Frien seeking a name variance from Section 9.90 , Di_snla stora-c requirements of nu:i oer5 Ztitle of section the South Burlington Zoning Ordinance. Request is for permission to allow exterior storage of building materials, at the proposed Wickes building, Shelburne Road. - #2 Appeal of Fernarci f- ;osalie Hammond seeking a name variance from Section 5.21 rronta7e requirements of number) title of section the South Burlington Zoning Ordinance. Request is for permission to construct a 26' x 42' single family dwelling, on a lot containing 120 foot frontage anc a variance from Section 5.40, Yard Requirements, dwelling to be located within thirty five (35) feet of southerly property line and within forty three (43) feet of northerly property line, at 1430 Hinesburg Road. #3 Appeal of Gordon ',fright seeking a name variance from Section 12.90 , Non-conformin? use - alteration of number title of section the South Burlington Zoning Ordinance. Request is for permission to convert an existing apartment building into a retail shop, (d/b/a Things, Inc.) located at 1475 Shelburne Road. _ #4 Appeal of Threshold House seeking a name variance from Section P.10 , Use regulations of (number) title of section the South Burlington Zoning Ordinance. Request is for permission to operate a private institution, offering accommodations for approximately twenty five persons, at the Durgin property, 100 Allen Road. #5 Appeal of Pert J. Pecor seeking a name variance from Section 8.10 , Us? reFula.tion (Subsection 2) of number title of section the South Burlington Zoning Ordinance. Request is for permission to establish a mobile home sales & service business on a lot located at 3060 Williston Road. Hearing Date /01 1% % 3 Advt. Date Advertise 6 days prior to meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third Wednesdays of the month at 7:30 p.m. at the South Burlington City Hall, Conference Room. The legal advertisement shall appear as below, and I agree to pay, either now or before the ad appears, a fee of $30,00 which fee is to off -set costs of holding said hearing. t!e� ( e Dht; gnature ana Address Date SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on , �, day of eek �ttr at :'� >' ' to consider the following: month and date ti e Appeal of 4*;6eeking a name A - variance from Section p , Q P'A.��:r; �,e-u�ac�nc• of number (title of section the South Burlington Zoning Ordinance. Request iys� for permission to � d w „� ea-�-�--� ..�2.� +� .�., P� ' � nN+..r.Gu �-.-l�-q � � Tamer /y1.0 �u �•c�.ceJL.. ZONING BOARD OF ADJUSTMENT J 3. Fir. Donald O'Brien and Iir. Lamphere gave the presentation. This project is to be located behind Autornaster on Shelburne Road and the land involved totals approximately 5.9 acres. The Wickes Corp. is a building supply house, and proposes to sell all kinds of buildin; supplies. It is estimated some 60 % -of the sales will be to contractors and 40% retail. There was discussion of right of way which terminates at railroad tracks. Mr. Pokladnik, representing the Wickes Corp. stated that they would be willing to discuss right of way with owners of property on the north side. Also, the Wickes Corp. has agreed to a service road on Shelburne Road. This agreement is in the minutes of the Zoning Board. There was further discussion re: the building will be lower than the level of Shelburne road, outside storage, whether they handle pre-fab type of homes. It was stated that they do not plan for any display of any pre-fab homes. ilr. Nardelli questioned whether the 40 foot road would take care of all the traffic. ►,r. Szymanski stated the 40 foot road would carry all the traffic which would mainly be truck traffic. Just the Automaster and the A ckes Corp. would use the right of way. Mr. Farrar asked if they would grant a right of way to the people on the north side. fir. Pokladnik stated it would have to be discussed with their attorneys. The representatives of ,the Wickes Corp. were told that they would have to go before the Planning Com- mission for a "Site Plan Review" if they don't apply for a building permit before July 16, 1973, at which time the new Zoning Ordinance amendments become effective. There was some discussion of sewage and water. Mr. Farrar made a motion that the City Council approve the grantin of the use variance with the additional stipulation that at such time in the future as it is decided, that the A ckes Corp. right of way would serve as a street, that being the Wickes Corp. or, their successors, they would be willing to allow use of this to the people owning property to the north, and that it should be ungraded to city standards by the persons or parties making the request. ,:r. ilaherty seconded said motion which passed unanimously. CITY Ll-iPLOYESS R�TIRF,IEINT PLAN CONT :ACT Mr. Szymanski stated he had reviewed the City Employees Retirement Plan contract and suggested Nr. Nardelli and/or Nvir. Flaherty review it. 1.r. Spokes stated documents are in order and legal, and also suggested that the Council get together with I,r. Flood who could explain the documents. 1,x. Farrar suggested that action be post- poned until the next meeting at which time Iair. Flood will be asked to attend. It was stated that copies of said documents will be in Mr. Szymanski's office for any council members to look at. ic ?�I N ONDQll.� r,"rTrl ��U]�TP�7 b­D Date 7ebruar-,7 I OF n—v-'s,-!cn of 1T-icLE,,s Corp. c t as -o f lo with tie City =ton> or U o f S o . -Bur 1 ----- -- 1)-.�a3icing your rig is or affecting our liability under our bond(s) referred to above please furnish the information t TV o:: steel below. Please return both copies in the ATTACHED ADDRESSED EN ELOPE. n -Jty Hall "-t:7 of So. !surlin-ton Ver,-,qont Signed surely Dopaxti-nmt CONT ACT BEE!\ 7P T COMPLETED? ............................... 1,1 C0'jVjPT E, L.ETED, PLEASE STATE a. Date of acceptance ............................................ b. Total amount of completed contract? ........................... $ 3. IF NOT COMPLETED, PLEASE STATE a. Probable completion date ...................................... b. Amount paid contractor to date ................................$ c. Amount withheld as retained percentage .......... .............. $ I �. HAS WORM PROGRESSED SATISFACTORILY? ...................... 5. ARE THERE ANY UNSATISFIED CLAIMS OR LIENS ON FILE?.... :vIARKS: Signed a } LONI_TG :BOARD ONE ADJl7STi T?'jFI iP ETING J 74-C 203 1973 The South Burlington -Zoning; Board of. Adjustment held a. ret filar TYleeting l at the South Harlington City Hall, Conference Room, 117Iilliston J Road, South Burlington, Vermont on Wednesday, June 20, 1973. Chairman Myette opened the meeting at 7:35 p.m. MEMBERS PRESENT Richard A. Myette, Chairman; Frederick J. Fayette, Jr. and Sidney Poger. 14EMBFRS ABSENT Robert M. Martineau and Alan Sylvester. OTIMRS PRESENT Richard Ward, Zoning Administrator; Charles Diggle, James Lamphere, l Cheryl Benfield, Free Press Reporter; Norman Myers, Ernest E. Ross, J David M. Fosgate, Gloria A. Fosgate, John Pennington, L. 0. Pokladmik, Robert Hardiman and Ernest Levesque. APPEAL OF CLAUDE NEON OF CONN. Appeal of Claude Neon of Conn., Robert Hardiman seeking a variance from Section 9.80, Sign requirements of the South Burlington Zoning Ordinance. Request is for permission to erect two facade signs,. containing eighty (80) square feet and a free standin€, sign containing twenty (20) square feet at the Grand Catalog Showroom, Bartlett Bay Road. IIr. Ward explained that Mr. Hardiman has changed his rer.uest. He is now requesting a free standing; sign of 20 square feet and has lowered the square footage of his facade signs to 80 square feet each, this being a variance of 76 square feet. MIT'J' i BOARD OF ADJUST 11,l-,TT 1,1�,ETING 2, JUTTF, 20 _ 12a APPEAL Or CLAUIMF 1F,ON OF COATN. , CONTINiT M Mr. Nyette noted an error in the appeal notice. He said it should of read "two facade signs, containing 80 square feet each". The Chair then ruled that the ad was legal enough to proceed with the variance. Mr. Hardiman said the facade sign that was to be put on the canopy will be against the building. The letters are made of stainless steel. They are blue and white and each letter is lighted from behind. There was no further support or opposition to the appeal. The Board discussed the -appeal and voted unanimously in favor of grant- ing the request for a variance as per new warning. lst finding - Additi.or.al facade needed because of the visibility on Bartlett Bay Road, free standing sign needed for directional reasons. 2nd finding - Will not detract from surroundings.' 3rd finding - Conforms to Section 13.60. APPEAL OF BURLINGTON FLIGHT SCHOOL Appeal of Burlington Flight School, David Fosgate seeking a variance from Section 8.80, Sign Requirements of the South Burlington Zoning Ordinance. Request is for permission to erect a facade sign, containing eighty-four (84) square feet, at the Burlington Flight School, Burlington International Airport. Mr. Ivdard presented renderings to the Board. He said the request is to erect a reader board sign containing 84 square feet. The Burlington Airport Commission will mt allow free standing signs. He said that the front building was the main office and to the rear is the metal J hangar. Both buildings are attached. 7ONa_N(T 1 0AM) OF ADJ J,7`.CKEN':I' MPTT.IN jmvA n-" 20�7^cam APPEAL OF BURLINGTON FLIG C SCHOOL, cnNTII\7T",,�D The allowable signage.for a facade sign only is: l Main office 26' x 12' = 312 x .05 - 15.6 square feet Hangar portion 75' x 20' = 1500 x .05 = 75.0 square.feet Mr. Myette asked the dimension of the sign. He was told it is 12' x 71. Mr. Fosgate explained that his competition was -;ranted a variance for a sign. He said that his business needs some type of identification. Mr. Fosgate said that he had never requested a sign in his year of business as he was doing well, but because of the 14ontair Flight Service going into business he needs'a sign to identify his business. Mr. Fosgate also noted that the building is about 300 feet or more from the road. Mr. Fosgate was asked where he intended to erect the sign. Mr. Fosgate said at first he was going to erect it on the front of the office, but because of the size of the sign it would have to..be:put on the hangar portion. Mr. Ross, a representative for Commander Board Signs, explained that tho sign comes in any size and is '$11.00 per square foot and the letters are so much per letter. Ten inch letters are $1.98 per letter. It has a shadow box aluminum frame so it won't rust and should look nice for several years. It will have several coats of paint and the only maintenance would be to wash it off with a hose. Mr. Fosgate said they needed a larger sign because they were a lot farther back from the road than the competition. 14r. Fayette questioned if the words "learn to fly with the professionals" were interchangable letters. Mr. Fosgate said they were. Mr. Fayette said that they were very close to staying within the ordinance and wondered why they they couldn't reduce the size some and then a variance wouldn't be necessary. 4. '''ONING MAIM ()L' AT)JITSTPrl�,TIT JTPW APPEAL OIL 131RtLINGTON FLIGHT SCHOOI,-CONTII` IMM The Board decided that they considered the hangar as frontage rather 1 than the office section. J P,Ir. Fosgate decided that if the buildin was measured exactly and tare allowable signage was figured out that he could stay within the ordinance. Mr. Myette advised that the -request for a variance be withdrawn, the hearing fee be refunded and the Zoning Administrator issue a sign permit to conform with the ordinance. and thanked the Board. APPEAL OF TWIN OAKS TEDT;'TS CFY;TFR Mr. Fosgate withdrew his request Appeal of Twin Oaks Tennis Center, Norman Myers, seeking a variance ll from Section 14.80, Sign requirements of the South Burlington Zoning J Ordinance. Request.is for permission to erect a free standing sign containing sixty-four (64) square feet at the entrance to the Tennis Center, off Kennedy Drive. Mr. Ward explained that the use was allowed under variance and the area is zoned Residential District C. He presented a rendering of the sign to the Board. The allowable signage allowed under the requirements of Residential District C is 12 square feet. The request is to erect a plow shaped sign. containing 64 square feet. Mr. Ward said that presently there is a temporary construction sign up at the entrance to the Tennis Court. The proposed sign will have a planter base with shrubs and a more permanent design. Mr. Myette asked how long the existing -sign has been in vioi.rtion. n 5. 7 ;01TTN(X )3(lAi�'I? pit' n�73Tr� '+ f li:! 'F,N!1T'dcr _ r'T 1 !_ 20 gC AF'P7,'1i.t OF TIJIU OAKS CO*JmTT,1lTr'B Mr. Ward exrnlain,:�-d that is was intended to be a temporary construction sign. Mr. Myette asked the date of the first notice o-f the sign violation. Mr. Ward said Mr. Pdyers received two letters one on April 57 1973 and the other on 14ay 23, 197' reauesting that the sign be rer,oved. Mr. Myette then pointed out that it had been over a. month since the first notice had been sent out and the sign has not been removed. Mr. Myers said he has talked with Xr. Ward several times in the course of a month about removing the sign. Mr. Myette maintained that it is not a construction sign and feels that the sign should have been taken down at the request of the Zoning Administrator. Mr. Ward noted that the words on the sign 'was not the usual wording for a construction sign. Pair. Myers was asked why he felt he needed such a large sign. He said because of the speed of the traffic on Kennedy Drive he does not feel that a smaller sign can be easily seen. Mr. Myette asked if they had a lot of walk-in business. :sir. Myers said ye s. Hr. 14yette questioned the composition of the sign to be constructed. Mr. Myers said he was not sure what it would be made of probably wood. Mr. -Fayette asked if. Mr. Myers had a plot plan showing the acreage and extent of the Twin, Oaks Tennis Center. Mir. Myers showed them a layout of the area. The Board discussed the layout. No further support. 6. J J ,OTIT G BOARD OF ADJUSTIJENT I -METING JITIE �223 APPEAL Or OARS 1 7," 7TS CET'IT713-4- C ON`.i:'T iMM Opposition: Mr. rrnest Levesque said he did not feel the sign was very well designed and that a precedent had Already been set on Kennedy Drive for low profile advertising. He noted that all of the apartment complexes and offices have much smaller signs. He said. that four of the other signs on Kennedy Drive were all around 18 square feet. Mr. Poger said that because of the plow shape of the sign it doubles the area where as if it were a flat sign it would be less. No futher opposition.. The Board discussed the appeal. Mr. Myette felt that 64 squ.re feet was much too large. He also said 'that before he could vote on the sign he needed to know the aesthetics and construction of the sign. Mr. Fayette felt they needed to stay within the character of the area. Mr. Levesque saiC he felt they should consider the sign carefully and stated his disappointment with the design of the tennis center itself. He said that they could have stayed within the same amount of money and had a better architectural design. Mr. Poger said he felt the size of the sign was too large. Mr. Poger made a motion, seconded by Mr. Fayette to table the appeal until the next meeting or no later than the first meeting in August to allow IMr. I1iyers time to design another sign, so passed. TABLED APPEAL OP WICKES CORPORATION „ (JIME, 6. 1c)Z� ) Appeal of Wickes Corporation, J. W. Cunningham., Agent seer.' a variance from Section 9.10, Use regulations of the South Burlington Zoning Ordinance. Request is for permission to construct a building, 160, x 1001 for purposes of operating a lumber store, on a parcel of 7• + i T1:rsPrG �3�t) G' �tU�7ll z`I'i 203 7-P%3 _ _ _ _ TABU-,P APPEAL OF 14ICKPIS COr1PORATI0113 COVTINT37',I) land west of Shelburne Road to the rear of Automaster Motor Co., 1835 1 Shelburne Road. 4ppeal of Wickes Corporation, J. W. Cunningham,' Agent seeking a. variance from Section ].2.LI , Lots on accepted street of the South Burlington Zoning Ordinance. Request is for permission to construct a building, 1.60' x 100' in size on a parcel of lan(I containing 5.9 acres with frontage on a 1+0 foot private right of way. Parcel located to the rear of Automaster Motor Co., 1835 Shelburne Road. This appeal was tabled on June 6, 1973 to allow the applicant time to investigate the sewer and drainage problem and to discuss the width of the road with the City Engineer. ) Mr. Lamphere explained the plans he presented to the -Board. He stated that they had talked to the people at Automaster and they don't want to make any changes in their entrances. The landscaping is quite general and the sanitary system is going to be coraplex. He said that unless the variance is granted there is no point in spending the money to plan the sewer system or landscaping. They are not creating a new curb cut. The right of way is owned by i,Irs. Lozcn. Mr. Lamphere said that if at a future time the right of way was to become a city street Wickes Corporation would. have no objection to making it 20 feet wider, but they did not feel they should be the ones to have to 'Purchase the extra land. ''Mr. Lamphere explained the elevation of the building in accordance - with Shelburne Road. He said that Shelburne Road was at about 175' J elevation and the base of the building about 146 plus about 24 feet to include the height of the building. 80 Ui�?IN`}BOARD Oc ADJTJ,STM,,t?C I�tFTING JT7?IITI 2_0 TA Dist) APPEAL OF WICKT�,S CORPORATION', COINT ITED TIIr. ifyette asked if ,you stood on Allen Rond you couJ.d see the top of the building. Mr. Lamphere said just barely, but it did not interfere with the view of the lake. Mr. Lamphere said the hours of business were: SUMMER Mona ay - Thursday 7: 30 - 5: 30 Friday 7:30 - 8:00 Saturday 8:00 - 4:00 WINTER Monday - Thursday 8:00 - 5:00 Frdiay 8:00 - 8:00 Saturday, 8:00 - 3:00 Mr. Pokladmik said that the hours would also depend on the amount of business and the store manager. I�Ir. Lamphere said that the site is wet, but there will be a very low amoimt of effluent going out of the building. He then stated that the sewerage system has to be reviewed by the Environmental Protection Agency. Mr. I4yette suggested a stipulation be made that the Drainage and Sewerage comply with the requirements of the City Engineer and the Environmental Protection Agency. 1-4r. Lamphere showed a rendering of a Wickes building that would be siraila.r to the one they proposed to construct here. I-fr. I4yette said that the Board had to make a Judgement on the access road.. He said they could stipulate that it remain a private road until such a time that the Wickes Corporation can rurchase more land to 4 increase the access road to 60 feet. Mr. Lamphere said that the landscaping would run around.:'2,000.00. If ZONING BOARD 07 ADJUST!47INT 'N1j"1,R-TTDTC� 2 9. MT 2 0:, 1 ;LPURAL, OF viICKRS CORPOR�I'ION. COTT1'I1,TTTr-,D Mr. Fayette questioned the intentions for signs. Mir. Pokladmik said they will. be coming in for a sign, but as yet they are not sure what size and how many they will need. T Mr. Myette pointed out that the new sinn ordinance was up for passage at the next City Council meeting and if passed, there will. be no variances granted for signs. He said that this was somethingthat they should consider before construction. Mr. Pokladmik said they would probably do without something on the building and want a sign on. the road.. No further support or opposition to the appeal. Board discussed the request in detail and imposed the following stipulations: 1. Sewerage and drainage comply with the City-Rngineer and the Environmental- Protection Agency requirements, 2. Wickes Corporation agrees that they will tie into a service road system if available at a later date, 3. If at such a time they (',,.Tickes) request that the access road become a deeded city street they will acquire the appropriate additional land, and 4. One per cent of the cost of the structure be allocated toward landscaping which is approximately �i?"21000.00. The Board voted on. Appeals jAl and #2 of June 6, 1073 unanimously in favor of granting the variances as per stipulations. 1st finding - Use is more appropriate in industrial zone, more oriented to retail sales. 2nd finding - Right-of-way proposed does'not reouire additional curb cut. 3rd finding - Conforms to Section 13.60. 10. ZONING BOAP"D OF ADJUST'7NT !rHIPTPTG jmim'2-�24= RTIA-DING OP !,rT'ITTTTTS .0-1. A*PIITT. 42_ if nd Mi..A.Y ?_'1 Oi7� Motion by Mr. Poger, seconded.by Mr. Fayette and so passed to approve the April 4, May 16 and May 23, 1973 minutes as read, so passed. Meeting adjourned at 9:20 p.m. V� Approved Clerk WICKES LUMBER & BUILDING SUPPLY CENTER 2150 North Telegraph Road MONROE, MICHIGAN No Text L �• �/�� ..► r _ Ism' ...� 'i' ♦ :+ �.�a_ r W W tkes ,� ..WP.; ~� Ir� P;.,,: i 'ai.-. `1.�.. PI .s- .+ti ^ "r ry.� �ti*'Y`ytei+�: ai:` a.... •�' !* ,►._�._+t'"Wed,,'f�[�•�'g;ri�G-,.'i�F^,r= .. -� _'-^� Lo • .-._ < ... "MVIZ. 7-nli'�, No Text jr fh, "AAA No Text No Text 711 - - - - - - - - - - - - - - - - - - - -- F--Q ZS-V -------- - - - - - - - - - - - - iiMEMEN b%� ---- .j WIT �!' , ,�� r i ■' 1