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HomeMy WebLinkAboutSD 86-0000 - Supplemental - 0068 Nesti Drivepj%ft : 1* 0 464, 4 "dAvislor State of Vermont STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE CASE NO. 4C0339-3A LAWS/REGULATIONS INVOLVED APPLICANT Peter A. Bouyea, et. al. and Environmental Protection Rules ADDRESS Fassetts Bakery, Inc. Chapter 3 - Subdivision 1805 Shelburne Road So. Burlington, VT. 05401 This project consisting of minor revisions to the boundary lines of lot #1, (previously approved in Certificate of Compliance 4C0339-3) to become 1.62 acres located along U.S. Route 7 in the City of So. Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions: GENERAL (1) The subdivision must be completed as shown on the plans Project No. 8493 - Sheet 1 of 6 "Revised Site Plan" dated February 1984 last revised 5/86 prepared by FitzPatrick- Llewellyn, Inc. and which have been stamped APPROVED by the Division of Protection. No changes shall be made to the approved plan without prior written approval from the Agency of Environmental Conservation. (2) All conditions of Certificate of Compliance 4C0339-3 shall remain valid for lot #1 except as modified by this Certificate of Compliance for the actual size of Lot #1. Dated this 26th day of June 1986, in the Village of Essex Junction, Vermont. FOR THE DIVISION OF PROTECTION Ernest P. Christianson Regional Engineer cc: Donald Robisky Katherine Vose Dept. of Health Town Planning Commission FitzPatrick-Llewellyn, Inc. 4 3 NOTICE OF APPLICATION AND HEARING ACT 250 MINOR APPLICATION #4C0339-4 10 V.S.A., Chapter 151 Notice is hereby given that on July 30, 1986 an application was filed by Dale Franklin and Howard Sherman of Partner Tire and Service, Creek Farm Plaza, Colchester, Vermont and Marjorie S. Bouyea, Muriel H. Bouyea, and Murray 0. Lorry, Trustees and Fassett's Bakery, Inc. of 1805 Shelburne Road, South Burlington, Vermont for the construction of a 10,200 square foot metal commercial/retail building, 34 parking spaces, access drive, and associated site improvements to be served by municipal water and sewer located on lot #3 of the previously approved subdivision of three commercial lots from a 16.8 acre parcel with an approved 48,500 square foot bakery and offices located off of Shelburne Road in South Burlington, Vermont. The District Environmental Commission will treat this application under Environmental Board Rule 51 -- Minor Applications (as amended effective 9-1-84). A proposed permit has been prepared by the Commission and is available at the Commission's office. Findings of Fact and Conclusions of Law will not be prepared unless a public hearing is requested. No hearing will be convened unless, on or before Monday, August 25, 1986, a party notifies the Commission of an issue or issues requiring the presentation of evidence at a hearing, or the Commission sets the matter for hearing on its own motion. If a timely hearing request is received, the hearing will be convened September 4, 1986. Parties entitled to participate are the municipality, the municipal planning commission, the regional planning commission, state agencies, adjoining property owners, and persons granted party status pursuant to Board Rule 14(B). BY b A T/ Ray and S. Stewart Assistant District Coordinator 111 West Street, Essex Jct., Vermont 05452 879-6563 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT FJ1 IRONTENTAL CtOMMISSION # Wes Stree Essex Junction, Vt. 879-6563 Memorandum TO: Statutory Parties FROM: Raymond S. Stewart, Environmental Board Assistant District Coordinator DATE: August 4, 1986 RE: Land Use Permit Amendment Application #4C0339-4 Partner Tire and Service/Fassett's Bakery South Burlington Enclosed for your review is a copy of the proposed land use permit for the above referenced project. As indicated in the Notice of Application and Hearing, this application is being processed as a "Minor" pursuant to Environmental Board Rule 51 (as amended on September 1, 1984), and no hearing will be held unless specifically requested. Any hearing held at the request of a party would only be for the purpose of considering issues raised by the requesting party under the appropriate criteria of Act 250. Because this "proposed" permit has been prepared based upon consultations with only the Chairman of the District Commis- sion, it is subject to further revision or amendment after review by the full District Commission. The Commission will not issue a Land Use Permit in this case until the Applicant has filed a Public Building certification of compliance for the project. The 60 day deadline for issuance of a permit set forth in 10 V.S.A., Section 6085(d) shall be deemed waived until such certification is filed, unless written objection is filed with the Commission on or before August 25, 1986. If you have any questions regarding this proposed permit or the "Minor" application procedure being used to process this application do not hesitate to contact me at 879-6563. State of Vermont PROPOSED CASE NO. APPLICANT ADDRESS LAND USE PERMIT AMENDMENT 4C0339-4 LAWS/REGULATIONS INVOLVED Dale Franklin and Howard 10 V.S.A., Chapter 151 Sherman (Act 250) and Vermont Partner Tire and Service State Environmental Pro - Creek Farm Plaza tection Rules; Chapter 4, Colchester, Vermont 05477 Public Buildings AND Marjorie S. Bouyea, Muriel H. Bouyea, and Murray 0. Lorry, Trustees AND Fassett's Bakery, Incorporated 1805 Shelburne Road South Burlington, Vermont 05401 District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0339-4 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 142, Pages 547-550 of the land records of the City of South Burlington, Vermont, as the subject of Trust Agreement dated August 31, 1965 between Leander A. Bouyea and George E. Bouyea, as Grantors, and Marjorie S. Bouyea, Muriel H. Bouyea and Murray 0. Lorry as Trustees and leased to Fassett's Bakery, Incorporated, and held under an option agreement by Dale Franklin and Howard Sherman, the "Permittees" as "grantees". This permit specifically authorizes the Permittees to construct a 10,200 square foot metal commercial/retail building, 34 parking spaces, access drive, and associated site improvements to be served by municipal water and sewer located on Lot #3 of the previously approved subdivision of three commercial lots from a 16.8 acre parcel with an approved 48,500 square foot bakery and offices located off of Shelburne Road in South Burlington, Vermont. The Permittees, their assigns and successors in interest, are obli- gated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the follow- ing conditions: Page 2 Land Use Permit AmE Pent #4C0339-4 1. All conditions of Land Use Permits #4C0339 through #4C0339-4 remain in full force and effect except as amended herein. 2. The project shall be completed in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District En- vironmental Commission. 3. By acceptance of the conditions of this permit without appeal, the Permittees confirm and agree for themselves and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittees and all assigns and successors in interest. The granting of less than an undivided whole interest in this project is prohibited without prior approval of the District Environmental Commission. 4. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed in accordance with the terms of the permit. 5. This permit hereby incorporates all of the conditions of the Certification of Compliance #4C0339- issued on by the Regional Engineer, Division of Protection, Agency of Environmental Conservation in compliance with the Vermont Environmental Protection Rules. Conditions and of said Certification are as follows: Page 3 Land Use Permit Ame Ent #4C0339-4 6. The Permittees and all assigns and successors in interest shall install and maintain water -conserving plumbing fixtures including but not limited to low -flush toilets, low -flow showerheads, and aerator -type or flow -restricted faucets. 7. The heated structures approved herein shall be constructed with insulation with an R-Value of at least R-13 in the exterior walls, at least R-19 in the roof or cap and at least R-10 around the foundation or slab and an additional R-19 above all office ceilings. 8. The use of the lot approved herein is limited to the following impacts: 400 gallons per day of water and waste- water, 160 vehicle trips per day and __peavk hour vehicle trips. 9. The Permittees and all assigns and successors in interest shall continually maintain the landscaping substantially as approved in Exhibit #13 by replacing any dead or diseased plantings as soon as seasonably possible. 10. The Permittees shall comply with Exhibits #4 and 14 for erosion control. Hay bale dams shall be installed as depicted on the plans prior to commencement of construction. The permittee shall prevent the transport of any sediment beyond that area necessary for construction. From October 1 to April 15 of any calendar year, all non -vegetated disturbed areas of the construction site shall be mulched until final vegetative cover is established. All erosion control devices shall be periodically cleaned, replaced, and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control, and to evaluate and impose additional conditions with respect to erosion control, as they deem necessary. 11. Prior to any site work the Permittees shall conduct a pre - construction conference at the site with a representative of the District Commission and a representative of the Soil Conservation Service to review the installed erosion control devices. 12. The Permittees shall seed all disturbed areas or unstable areas and slopes on the northerly portion of the project site with Crown Vetch before October 1 of any calendar year. 13. The Permittees shall file a Highway Access Permit, issued by the Vermont Agency of Transportation with the Commission prior to the commencement of construction. Page 4 Land Use Permit AmE anent #4C0339-4 14. The connection of the floor drains as depicted in Exhibit #10, stormwater system or any outlet other than the municipal sewer system is specifically prohibited. 15. The Permittees shall file and receive approval from the District Commission for the occupancy of the building approved herein by any tenant that uses, stores or disposes any regulated substances or hazardous wastes, as defined by the Agency of Environmental Conservation, as a party of its business operations. The Commission reserves the right to evaluate and impose additional conditions with respect to use, storage, and disposal of any regulated substances or hazardous wastes. 16. Prior to occupancy of the building approved herein the Permittees shall file with the District Commission confirmation by the Agency of Environmental Conservation that a Notification of Hazardous Waste Activity has been filed with the Agency. 17. No further development of the parcel of land approved herein shall be permitted without the written approval of the District Environmental Commission. 18. The Permittees shall supply all exterior sign plans to the District Commission for approval prior to the installation of said signs and shall construct the project in accordance with those plans as approved. The Commission may request a hearing to consider said plans. 19. The Permittee shall apply and maintain water and/or calcium chloride on all disturbed areas within the project during construction and until paved or revegetated to control dust. The District Environmental Commission reserves the right to evaluate and impose additional conditions with respect to dust control. 20. The Permittees shall supply the plans and elevations for screening the exterior solid waste receptacles to the Commission for approval prior to the installation of said receptacles and shall construct the project in accordance with those plans as approved. The Commission may request a hearing to consider said plans. 21. All construction on this project must be completed by August 31, 1987. 22. Notwithstanding, this permit shall expire one year from date of issuance if the Permittees have not demonstrated an intention to proceed with the project. Page 5 Land Use Permit Ame gent #4C0339-4 23. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, Vermont, this day of August, 1986. BY John T. Ewing, Chairman District Environmental Commi- ssion #4 Commissioners participating in this decision: Helen B. Lawrence Raymond S. Stewart Richard H. Wadhams Environmental Board Assistant District Coordinator District #4 Commission RSS/JTE/aml