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HomeMy WebLinkAboutBATCH - Supplemental - 0020 Palmer Courti 1; 01W 3Rnnd 31r1s 1A z THIS PORTION OF THE DESIGN IS FROM DRAWING NO. C2 - SITE PLAN & PROFILE, CHAMPLAIN WATER DISTRICT, DATED JUNE 12. 2013. REVISION DATE JUNE 11, 2015, PREPARED BY KREBS & LANSING CONSULTING ENGINEERS, INC. CITY OF BURLINGTON, BURLINGTON INTERNATIONAL AIRPORT EXISTING CONTOURS —�-- ': ,y5 S•!`�, is --- ' 1 N 1 I II 1 - I 'EXISTING AIRPORT Z OUARRY 1 1 1 ` s r I 2 Owner of Record and Applicant: City of Burlington, Vermont Burlington International Airport 1200 Airport Drive, •1 South Burlington, VT 05403 Zoning District: I Airport Industrial Zoning District Subdivision: No Subdivision associated with this project Use: Airport Uses (former Airport Quarry) ♦ I �— PROPOSED CONTOURS PROPOSED LIMITS OF PLACED FILL, 5,000 +/- CY Lot Areo:1 Minimum Allowable Existing SF Acres SF JAcres 130,680 3 41,033,520 1 942 Front Yard Area: Unknown Setbocks: Front Yard 50' Side Yard 35' Rear Yard 50' 4' CWD WATERLINE POWER TRANSMISSION LINES LIMIT OF EXCAVATION '•�� OVER CWD WATERLINE, �N �d • \ 5,000 +/- CY � A. MARCELINO ` \ & COMPANY, INC. ♦ ♦ BTV / MARCELLINO / ♦ , \� PROPERTY LINE J ` ♦ \ CWD WATERLINE EASEMENT Lot Coverage: Max. Allowable Percentage Existing Coverage Proposed SF Percentage SF I Percentage Buildings 30% Unknown Unknown No Building within the Project Area All Buildings, Parking & Other Impervious Areas 50% I Unknown Unknown No Change in Overall Existing Impervious Front Yard 30% Unknown Unknown No Change in Coverage 0 30 60 Parking: There is no existing or proposed parking associated with this project. SCALE IN FEET (3 Sta ntec Stantec Consulting Services Inc. 55 Green Mw loin Ome Swth Buri gtm VT 05403 U S A. ra 80 .964.0223 Fm 802.86/.0165 TM cwow:�w+dwrRr m 2,ewlmle Iwa as.mas o0 vc�scae Ineww.A-y- wr wrw, w oncm;ra ¢¢ �wlee m Imo,. me cowAlRlllt'a aaeugnv ane 0.>wny are me wWwlyal Siw�tec. RepaeucXo� w uu fw orry puryale omw Xqn Ilq• wlM1om¢e W Slanlac ¢ IwW Wr. Consultants Legenc Notcs C Revision By Amd. rr=.m Issued zr Aw.. rr.AnM.m cyy MMa¢ wn. n.n. o:an. .m Permo-sea r ■ BURLINGTON INTERNATIONAL AIRPORT MATERIAL TO BE EXCAVATED FROM MARCELINO PROPERTY AND PLACED IN THE AIRPORT QUARRY South Burlington, Vermont rine PRELIMINARY / FINAL PLAT Project No. Scale 195311051 Drawing No. Sheet Revision SP-1 2 of 3 1 ® Stantec Transmittal Stantec Consulting Services Inc. 55 Green Mountain Drive South Burlington VT 05403 Tel: (802) 864-0223 Fax: (802) 864-0165 To: Ray Belair From: Jon Leinwohl, P.E. Company: City of South Burlington ❑ For Your Information Address: 575 Dorset Street ❑ For Filing with City Clerk South Burlington VT 05403 0 For Approval Phone: (802) 846-4106 ❑ As Requested Date: December 2, 2016 File: 195310136 Delivery: Hand Delivery ` Reference: Burlington International Airport Material to be excavated from Marcelino property and placed in the Airport Quarry Certificate of Occupancy Application Attachment: Copies Doc Date Description 1 12/02/2016 Certificate of Occupancy application 1 12/02/2016 $153 check for application fee Ray -please let us know if you have questions or need any additional information to process this application. STANTEC CONSULTING SERVICES INC. Jon Leinwohl, P.E. Associate, Transportation Phone: (802) 864-0223 Ext. 1 10 Fax: (802) 864-0165 jon.leinwohl@stantec.com C. Gene Richards, Amanda Clayton (BTV) Design with community in mind V:\1953\active\195311136\transportation\permitting\So. Burlington\CO\2016 12 02 Transmittal to Ray Belair.docx STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS ATLAW 171 BA31'ERY STREET P.U. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, Plaintiff, v, ALAN M.E. MARCELINO, CITY OF BURLINGTON, and CHAMPLAIN WATER DISTRICT Defendants. ENVIRONMENTAL DIVISION DOCKET NO. 36.3-12 Vtec SETTLEMENT AGREEMENT The parties to this settlement agreement are: (1) Alan M.E. Marcelino, both personally and on behalf of A. Marcelino & Company, Inc., (collectively "Marcelino"); (2) City of Burlington ("Burlington"); (3) Champlain Water District ("CWD"); and (4) City of South Burlington. These parties hereby agree, as indicated by their signatures or the signatures of their attorneys below and after full and fair opportunity to consult with legal counsel, to all of the following terms: The parties agree to stipulate to entry of a judgment in the form attached hereto as Exhibit 1. 2. Marcelino shall within forty five (45) days of the execution of this Settlement Agreement deed to CWD a permanent utility easement 350 feet long (from station 14+00 to station 17+50 in the Krebs & Lansing Plan which is Exhibit A to Exhibit 1 hereto) by 10 feet wide along the common property line between the property of Burlington at 1200 Airport Drive in South Burlington and the property of Marcelino at 20 Palmer Court in South Burlington, said easement for the purpose of allowing CWD's water main line to be located at least in part within such 10 foot wide strip and to allow for future maintenance, inspection, repair, replacement and other reasonable activities by CWD regarding said water line. CWD and Marcelino shall share equally in any costs incurred in creating and conveying this easement to CWD but each shall bear their own attorneys' fees. 3. Burlington and South Burlington agree that Burlington shall, no later than August 1, 2015, propose to South Burlington a plan for controlling erosion in the two "Airport Erosion Areas" identified on Exhibit 2 hereto, and that, following approval by South Burlington which shall not be unreasonably withheld, Burlington will execute and maintain such erosion control plan for such areas. 4. Any party found to be in material breach of this Settlement Agreement, including but not limited to the terms of Exhibit 1 in such form as it shall have upon entry by the Court, shall be liable for reasonable attorneys' fees incurred by any enforcing party. This Agreement is subject to ratification by the South Burlington City Council, the City of Burlington City Council, the Burlington Airport Commission, and the CWD Board of Water Commissioners. Date Alan M.E. Marcelino both personally and on behalf of A. Marcelino & Company, Inc. n I I � Date 'z ( S _ Date ,� I rf Date STITZEL, PACE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O.. BOX 1507 BURLLNGTON,VERMONT 05402-1507 ity o rlingto ater District South Burlington 2 C6(JfJSF—L C, (-,V M � Palmer Court South Burlington, Vermont May 13,2014 Legend T— H-.d.,) N 50 26 0 w 100 Fee Z6 *9 STIT7,EL, PAGE & FLETCHER, P.C. 4TfORNEYS Al LAW 171 BA 1-1 LRY srRESI P.O. BOX 1507 3URLINGTON, VERUfONT SETTLEMENT AGREEMENT EXHIBIT 1 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, Plaintiff, V. ALAN M.E. MARCELINO, CITY OF BURLINGTON, and CHAMPLAIN WATER DISTRICT Defendants. ENVIRONMENTAL DIVISION DOCKET NO. 36-3-12 Vtec STIPULATED INJUNCTION JUDGMENT Pursuant to settlement and the stipulation of the parties by their undersigned counsel, the Court hereby enters the following injunction and contingent penalty judgment as follows. 1. This stipulated injunction judgment mandates certain actions be taken by the following parties: • Alan M.E. Marcelino, both personally and on behalf of A. Marcelino & Company, Inc., (collectively "MARCELINO"); • City of Burlington ("BURLINGTON"); • Champlain Water District ("CWD"). 2. MARCELINO, BURLINGTON and CWD shall fully carry out and complete ("execute") the project prescribed in the June 12, 2013 drawing entitled Site Plan & Profile — Champlain Water District (Drawing C2) (Exhibit A hereto); the August 19, 2013 Krebs & Lansing Cost Opinion (Exhibit B hereto); and the June 10, 2013 Memo regarding Fill Removal and Slope Repair — Palmer Court and Airport Properties South Burlington, Vermont (Exhibit C hereto), collectively hereafter described as the "K&L Plan", in the proximity of the common boundary line between the parcels known as 1200 Airport Drive in South Burlington 2 (Burlington International Airport ("BTV" )) and 20 Palmer Court. More specifically, the obligations for executing the project are as follows and subject to the following terms and conditions: a. All obligations set to a particular party are at the party's own expense unless otherwise specified. b. MARCELINO may, at his own expense and after CWD has completed its work on slope finishes as prescribed by the K&L Plan, install upon some or all of the slope specified by the K&L Plan for his property minus four -inch stone or similar cover material, provided that prior to any such installation he obtains and provides CWD with engineer's certification/specification: (i) that such installation shall not adversely affect the K&L Plan or CWD's water main; (ii) allowed depth of additional cover and material type, and (Ili) of proper installation. c. Should specific features of the K&L Plan be reasonably revised by Krebs & Lansing engineers ("K&L"), the parties charged with specific obligations in executing the K&L Plan shall execute those revised elements which pertain to such obligations. d. MARCELINO and BURLINGTON shall reasonably keep K&L (hereafter including any designees) reasonably informed of progress as to execution of obligations regarding the K&L Plan, shall reasonably respond to requests for information from K&L, and shall reasonably cooperate with K&L, CWD, and one another in coordination of execution of the K&L Plan. e. MARCELINO's obligations for executing the K&L Plan are the following: STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW J It BATTERY STREET P.Q. BOX 1507 3URLINQTON, VERMONT 3 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 3URL.INGTON, VEBMONT i. Complete all of the waste debris and soil removal items, including excavation and trucking. ii. Haul and deposit uncontaminated fill and overburden soil to a specified fill area upon the BTV parcel nearby. As used herein, uncontaminated shall mean free of regulated substances, flammable substances, hazardous substances or any contaminant that is regulated by and that exceeds state thresholds. iii. Haul any contaminated fill and overburden soil to a proper offsite disposal area. iv. MARCELINO shall at his own expense obtain any state and municipal permits which may be required in connection with removal, hauling, and disposal of fill and overburden soil, both as to uncontaminated and contaminated (if any) material. MARCELINO shall apply for any such required permits no later than May 1, 2015, shall diligently pursue such permits, and shall report status of permit applications to any of the parties upon reasonable request. v. To the extent any statute, regulation, or similar law requires proposed fill to be examined, tested, or certified as uncontaminated beyond the monitoring described in paragraph 2(g)(iii) below prior to placement of such fill upon BURLINGTON's property, MARCELINO shall be responsible for and shall bear any attendant expense for such processes. vi. Reasonably maintain installed features of both the K&L Plan and the additional erosion controls which are located on MARCELINO's property and which are outside the CWD easement area. Any storm water permit requirements which may apply shall take precedence over this term of the judgment. vii. Provide access as reasonably necessary for the parties to this judgment to carry out their obligations hereunder. viii. Complete the work before September 30th, 2015. 0 ST[TZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O,. BOX 1507 3URLINGTON, VERMONT f. BURLINGTON's obligations for executing the K&L Plan are the following: i. Identify and provide a specified fill area on its land which is reasonably near to the K&L Plan excavation area, specifically in the area of the old quarry on BTV's land, for MARCELINO's disposal of uncontaminated fill and overburden soil. ii. No later than May 1, 2015, apply for and diligently pursue all necessary permits (both state and municipal as may be applicable) to allow placement of fill on BURLINGTON's property, including without limitation sketch plan, preliminary and final plat application for amendment of PUD (or other applicable municipal permit(s) should South Burlington Land Use Regulations be amended). iii. Provide access as reasonably necessary for the parties to this judgment to carry out their obligations hereunder, specifically including access for MARCELINO to haul fill material directly across the common property line with BTV to the fill area. g. CWD's obligations for executing the K&L Plan are the following'. i. Provide final grading of the slopes and swale specified in the K&L Plan, including application of surface finish materials specified. ii. Acquire and provide to the site the materials specified in the General Conditions, Survey Layout, Erosion Prevention & Sediment Control, including but not limited to Type 1 Stone, Topsoil, Mirafi, Seed & Mulch items, as may be amended by K&L. ill. Fund the K&L Plan design, coordinate execution of the K&L Plan remediation project, and fund licensed engineer oversight, inspection (including reasonable monitoring for contaminated materials), and certification of completion of the work (including 5 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY SI REEI P,O, BOX 1507 3URLINGTON, VERMONT the work of both MARCELINO and CWD) as shown on the K&L Plan. iv. Complete the work before November 15, 2015. 3. In addition to and separate from execution of the K&L Plan: a. MARCELINO shall no later than April 15, 2015, provide to South Burlington a proposed erosion control design plan (drawing and specifications) prepared by a licensed engineer for erosion control and stabilization of the area marked "MARCELINO EROSION AREA" on Exhibit D hereto. Such erosion control design plan must provide that it shall have no unreasonable adverse effect on the K&L Plan. b. Subject to approval by South Burlington of such plan, which approval shall not be unreasonably withheld, MARCELINO shall fully execute such plan no later than September 30, 2015 and he and his successors shall reasonably maintain such plan going forward. c. Engineering costs, labor, and materials required to generate and execute such plan shall be at MARCELINO's expense. d. Upon completion of execution of such plan, MARCELINO shall provide to South Burlington a licensed engineer's certification of inspection and completion of this erosion control and stabilization work. 4. Should MARCELINO fail to complete the work stated in paragraphs 2(e) or (3) by September 15, 2015, the Clerk shall enter monetary judgment against MARCELINO and in favor of South Burlington in the amount $20,000, which amount presents a reasonable penalty for the period of violation (a Notice of Violation to MARCELINO was served August 19, 2011), plus an additional $100 per day for the period from September 30, 2015 until the date certification is provided to South Burlington by a licensed engineer that MARCELINO has m executed all requirements of paragraph 2(d) and (3). Such penalties shall not affect or limit other enforcement remedies which may be available to any party. 5. All parties are to bear their own costs and attorneys' fees. Date K:\WPDOC\LIT\SON15-007 SETTL K.7.DOCX STITZEL, PAGE & FLETCHER, P.C. 47TORNEYS AT LAW 171 BATTERY SIRREET P.O. BOX 1507 3URLINGTON, VERMONT Hon. Thomas G. Walsh Superior Court, Environmental Division 7 e 3 � sFa r jai 1� a 1 t rir�(�jtt roRW 1, il�rltl fr rr; 'iiirirrrrrirw v: v y fib$ '+ifit\\\aF,�x \\tt \ ,% — <Q 1 � 1 � RI Er 9 DECLARATORY JUDGMENT EXHIBIT B Cost Opinion - Champlain Water District - Palmer Court Slope Repair Prepared by Krebs & Lansing Consulting Engineers, Inc. August 19, 2013 Description Quantity Unit Price Total General Conditions 1 ea Estimate @ 5% $6,123.75 Survey Layout (clearing limits, 50 ft. centerline, etc) 1 ea $1,000 $1,000.00 Construction Survey -field checking grades 15 days $600/day $9,000.00 Erosion Prevention & Sediment Control 1 ea $5,000 ea $5,000.00 Stabilized Const. Entrance, Silt fence, sediment basin Clear and Grub 0.4 acre $7500/ac $2,500.00 Haul waste debris off -site to approved disposal site 600 CY4 Allowance $15,000.00' Remove existing soil and haul off -site to approved disposal site 4425 CY $12/CY $60,300.00 12" thick Type I stone fill for sideslopes 420 CY $45/CY $18,900.00 18" thick Type I stone for drainage Swale 220 CY $45/CY $9,900.00 Topsoil 120 CY $25/CY $3,000.00' Mirafi 170N 1,700 SY $3/SY $5,100.00 Seed & Mulch (erosion matting) 1,110 SY $2.50/SY $2,775.00 Subtotal $138,598.75 Contractor Mark-up (8%) $11,087.90 Bond @ 1% $1,385.99 TOTAL $151,072.64 Exclusions/Clarifications: 1. Permits and application fees 2. Design/consulting fees 3. Cost Opinion based on project drawing: Site Plan & Profile dated June 12, 2013 4. Assumed top 12 inches of slope is waste material that needs to be hauled to landfill or recycling center. An allowance is provided for this item. The cost to haul waste away may increase or decrease depending on what is discovered during construction. 11175\Slope Repair Engineers Cost OpinionAs KREBS & LANSING Consulting Engineers, inc. DECLARATORY 164 Main Street, Suite 201 Colchester, VT05446 AYDGMENT EXHIBIT C Telephone (802) 878-0375/ Fax (802) 878-9 email a,krebsandlansing.com Date: June 10, 2013 To: Champlain Water District From: Derick M. Read, P.E. Re: Fill Removal and Slope Repair- Palmer Court and Airport Properties South Burlington, Vermont Below is a design summary for the removal of fill and subsequent slope repair associated with the existing 24" Champlain Water District waterline right of way. Existing Conditions: An existing 24" Champlain Water District waterline is generally located along the common property line between the Vermont Air National Guard/Burlington International Airport and lands now or formerly owned by Alan Palmer. This line is subject to an existing twenty foot wide right of way on the Vermont Air National Guard/Burlington International Airport property. The right of way, for the purposes of this project is north and parallel with the existing property line. Based on our site observations, review of original waterline plans, and test hole information it appears that additional fill has been placed over the waterline at the top of the slope that extends down toward Muddy Brook. The slope near the top is relatively steep, mostly wooded and is eroded in many locations. Exploration excavations have been performed both at the top of the slope and along the upper portions of the slope. The top of the waterline was survey located in the areas to determine depth relative to existing ground. Design Parameters The Champlain Water District has tasked Krebs & Lansing with providing a design that meets the following parameters: • Locate the existing property line. • Provide a design to remove the existing fill and overburden soil so the existing waterline has a consistent bury depth of approximately 5.5 feet. The area to be re -graded shall extend the full width of the twenty foot wide right of way. The work shall extend down slope to a point where the existing ground cover over the existing waterline is approximately 5.5 feet. • Grading on the Palmer property is to have either 2:1 or 3:1(H:V) side slopes. • Grading on the Vermont Air National Guard/Burlington International Airport may have 4:1 (H:V) side slopes. Page 1 of 2 MEMO Champlain Water District June 10, 2013 Design Considerations • A Krebs & Lansing survey field crew performed a partial topographic survey at the top bank and along the slope. The field crew also searched for and found a property corner near Muddy Brook that appears to be a corner for the common property line between the two properties. Krebs & Lansing had previously located another iron pin that also appeared to define the property line. The distance between the two pins was measured to be 900.45'. A distance of 900.40' is provided for the same line on a plan prepared by professional land surveyor Mark Ward, titled "Muddy Brook Industrial Park South Burlington, Vermont", dated February 1988. This line is being used as the south limit of the 20 foot wide Champlain Water District Easement. • By removing only the fill and overburden soil within the right of way, a drainage corridor gets created between the slopes that extend back to the existing grades. Given the visible erodibility characteristics of the soil we needed to provide a stable drainage corridor. A two foot wide, two foot deep stone lined drainage swale is being proposed. The swale was designed in the right of way to reduce grading impacts and to reduce land use impacts to the Vermont Air National Guard/Burlington International Airport. The swale extends downhill to an area where the natural slope changes and becomes less steep. At this location a stone lined level spreader will be installed to reduce the concentrated flows and will allow water to spread out as it flows overland. • The side slopes on the Palmer property can be either 2:1 or 3:1 but given the erodible nature of the soils we recommend either slope be stabilized with stone. • The side slopes at the top of the bank are designed at 4:1. These side slopes can be stabilized with vegetation. However, as the drainage Swale extends down slope to the deepest part of the cut, the side slopes have been graded on a 2:1 slope to minimize disturbance within the wooded area. The 2:1 grading extends uphill to a natural watershed divide. If a 4:1 side slope design was used the grading would have significantly impacted the normal drainage patterns. All 2:1 slopes on this soil need to be stabilized with crushed stone. • One of the advantages to repairing the side slope is that an existing washout, located just north of the waterline easement, will be repaired under this design. Submitted by: Derick M. Read, P.E. 11175: LINO -Design Narrative.doc Page 2 of 2 Palmer Court South Burlington, VErnumt araltofy JL1� Ntav 13. 2014 Legend c9 7f,d yp T&I _-- _ fc•i qa t +din• dyh+T ,...... ' u � 1 iy AIRPORT EROSION AREA ' ` W CVVD-PaimerCuurt.dwg Layer J lrra.S tale 1 �tJJ-7E7 a6._ near'aka,`t (ti9aY,plltl f JIreIVI ya:n4 MARCELIN© EROSION ARE EG - Pa,nren As nix cans 3rILI ICL•1JE N^Clf p�n� µl•TnslPd; Fe+�-Syn r I,:pecl Swale p{ Y! V f STITZEL, PAGE & FLETCHER, P.C. STEVEN F. STTTZEL PATTI R. PAGE ROBERT E. FLETCHER JOSEPH S. McLEAN AMANDA S. E. LAFFERTY JOHN H. KLESCH DINA L. ATWOOD DAVID W. RUGH* *(ALSO ADMITTED IN MD) Jacalyn Fletcher, Manager Vermont Superior Court Environmental Division 2418 Airport Road, Suite 1 Barre, VT 05641-8701 ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) FAX (802 660-2552) W W W. FIRMSPF.COM JKLESCH(a3FIRMSPF.COM May 31, 2012 Re: City ofSouth Burlington v. Alan M.E. Marcelino, Alan Palmer and Christine Palmer Docket No. 36-3-12 Vtec Dear Jacalyn: Please be advised the parties are attempting to reach a settlement of the pending lawsuit. I ask the Court to defer requiring the defendant parties to file an answer at least until June 30, 2012, by which time I hope we will have a documented settlement in hand. Please let me know if something more formal is required for the Court's purposes. Sincerely, H. HI sc JT cc: Robert Roesler, Esq. James Foley, Esq. Ray Belair, Administrative Officer SON12.032.cor.wpd rn STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE ROBERT E.FLETCHER JOSEPH S. McLEAN AMANDA S. E. LAFFERTY JOHN H. KLESCH DINA L. ATWOOD DAVID W. RUGH• •(ALSO ADMITTED IN MD) Jacalyn Fletcher, Manager Vermont Superior Court Environmental Division 2418 Airport Road, Suite 1 Barre, VT 05641-8701 TELEPHONE (802 660-2555) FAX (802 660-2552) W W W. FIRMSPF.COM JKLESCH@F1RMSPF.COM May 2, 2012 Re: City of South Burlington v. Alan M.E. Marcelino, Alan Palmer and Christine Palmer Docket No. 36-3-12 Vtec Dear Jacalyn: Please find enclosed executed waivers of service for filing in the above -referenced matter. SAnc�erely, Johri H. Klesch Enclosures cc: Mr. Alan M. E. Marcelino (w/o encl.) Mr. Alan Palmer and Ms. Christine Palmer (w/o encl.) Ray Belair, Administrative Officer SON12-010.wpd STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE ROBERT E.FLETCHER JOSEPH S. McLEAN AMANDA S. E. LAFFERTY JOHN H. KLESCH DINA L. ATWOOD DAVID W. RUGH* '(ALSO ADMITTED IN MD) Jacalyn Fletcher, Manager Vermont Superior Court Environmental Division 2418 Airport Road, Suite 1 Barre, VT 05641-8701 TELEPHONE (802 660-2555) FAX (802 660-2552) WW W.FIPMSPF.COM JKLESCH@FIRMSPF.COM March 19, 2012 Re: City of South Burlington v. Alan M.E. Marcelino, Alan Palmer and Christine Palmer Dear Jacalyn: Enclosed please find a Complaint with exhibits for filing in the above -captioned matter. Also enclosed is our filing fee. Enclosures cc: Mr. Alan M. E. Marcelino Mr. Alan Palmer and Ms. Christine Palmer Ray Belair, Administrative Officer SON12-008.wpd STITZEL, PAGE & FLETCHER, P.C. Vermont Superior Court Item to be Paid - Description Memo: So. Burlington v. Marcelino Check Number. 3872 Check Date: Mar 19, 2012 Check Amount: $262.50 Discount Taker Amount Paid 262.50 3872 STITZEL, PAGE & FLETCHER, P.C. CITIZENS BANK 3872 171 BATTERY STREET, P.O. BOX 1507 29-1310/0213 525 DATE BURLINGTON, VT 05402 Check Number. 3872 Mar 19, 2012 PH: (802) 660-2555 AMOUNT 262.50 PAY Two Hundred Sixty -Two and 50/100 Dollars 9 TO THE Vermont Superior Court ORDER Environmental Division OF 2418 Airport Road Barre, VT 05641 Ammx01T'4'V"; NP IF AUTHORIZED SIGNATURE ............ 11400 38 ? 21" 40 2 L3 1, 3 LD 31: 40046LS?F3 2118 -11 Q0 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BA1"PERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON Plaintiff, V. ALAN M.E. MARCELINO, ALAN PALMER and CHRISTINE PALMER, Defendants. COMPLAINT ENVIRONMENTAL DIVISION DOCKET NO. Vtec NOW COMES the City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C., and for its complaint states as follows. 1. The City of South Burlington (hereinafter "City") is a Vermont municipality located in Chittenden County. 2. At all times material to this Complaint, the City has had duly adopted Land Development Regulations ("SBLDR") in effect. 3. Defendants own or occupy real property at or about 15 Palmer Court, South Burlington, Vermont. 4. Defendants have carried out or allowed land development at 15 Palmer Court without a land development permit, as stated in the August 19, 2011 Notices of Violation ("NOV") attached as Exhibit 1 (Defendants Marcelino) and Exhibit 2 (Defendants Palmer) hereto. 5. Such land development without a permit is a violation of SBLDR § 17.02 and 24 V.S.A. § 4449(1)(1). 1 6. Defendants have carried out or allowed addition of more than 20 cubic yards of fill to the property at 15 Palmer Court without a required permit, as stated in the August 19, 2011 Notices of Violation ("NOV") attached hereto. 7. Such addition of more than 20 cubic yards of fill without a permit is a violation of SBLDR § 3.12(A). 8. The City sent each NOV to the respective Defendants by Certified Mail, Return Receipt Requested, and also sent a copy of each Notice to the respective Defendants via First Class Mail. 9. The violations were not cured within seven days of the date of the NOVs and no appeal was made to the South Burlington Development Review Board. WHEREFORE, the City requests that this Court grant it the following relief: A. An injunction requiring Defendants, at their own cost, to cease all unpermitted use of the 15 Palmer Court property including that Defendants remove and properly dispose all unregistered and/or inoperable vehicles, construction equipment, debris, trash, scrap metal, and 55 gallon drums (and their contents). B. An injunction requiring Defendants to remove and properly dispose the more than 20 cubic yards fill placed on the 15 Palmer Court property without a permit. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BrcrrrRY STREET P.O. BOX 1507 BURLINGTON, VFRNIONT 05402-1507 2 C. An award of $100.00 per day against each Defendant for each day that there has been a violation of the SBLDR and Vermont law, from and including August 19, 2011 through present. D. Such other relief as the Court deems proper. DATED at Burlington, Vermont this 19th day of March 2012. k:\wpdoc\1it\son12-009 15 palmer court comp STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 DA'1'TRRY STREET P.O. BOX 1507 BURLINGTON, YE MONT 0640z-I 07 STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON 3 August 19, 2011 Alan M.E. Marcelino 548 Church Road Apt. 101 Colchester, VT 05446 Re: Notice of Violation, 15 Palmer Court Dear Mr. Marcellno: COV [ 'y_ IJ�V L5 AUG 2 2 2011 Sri FFt r�\GF & F',- ETC. FIER, PG Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the property without a zoning permit and altered the grade of the property by adding more that 20 cubic yards of fill without a zoning permit. Without limiting the foregoing, the property is being used to store many unregistered and inoperable motor vehicles, construction equipment, piles of debris, scrap metals and 55 gallon drums. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: (1) Cease the unapproved use and (2) remove all fill materials placed on the property without a permit or obtain all approvals and permits needed to retain the fill material. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbu EXHIBIT a z x � fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincerely, l Raymond J. Belair Administrative Officer Encl. CC: John Klesh,."Esq. Certified Mail Receipt # 7010 0290 0000 2215 2876 August 19, 2011 Alan & Christine Palmer 5576 Dorset Street Shelburne, VT 05482 Re: Notice of Violation, 15 Palmer Court Dear Mr. & Mrs. Palmer: ANUG 2 2 2011 STITZEL PAGE & FLETCHER, K Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the property without a zoning permit and altered the grade of the property by adding more that 20 cubic yards of fill without a zoning permit. Without limiting the foregoing, the property is being used to store many unregistered and inoperable motor vehicles, construction equipment, piles of debris, scrap metals and 55 gallon drums. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: (1) Cease the unapproved use and (2) remove all fill materials placed on the property without a permit or obtain all approvals and permits needed to retain the fill material. If you do not accomplish the actions directed In this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled. to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl EXHIBIT z° 2 fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Since y, z Raymond ). Belair Administrative Officer Encl. CC: John, .Klesh, Esq. Certified Mail Receipt # 7010 0290 0000 2215 2869 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGPON. VERMONT 06402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, PLAINTIFF, V. ALAN M. E. MARCELINO, ALAN PALMER AND CHRISTINE PALMER, DEFENDANTS. ENVIRONMENTAL DIVISION DOCKET NO. VTEC NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS To: Alan M. E. Marcelino 548 Church Road, Apt. 101 Colchester, VT 05446 A lawsuit has been commenced against you. A copy of the Complaint is attached to this notice. It has been filed in the Vermont Superior Court, Environmental Division. This is not a formal summons or notification from the court. To save the cost of serving you with a formal judicial summons and another copy of the complaint, I am requesting that you sign and return the enclosed waiver of service. That cost will be avoided if I receive a signed copy of the waiver by April 19, 2012. I enclose a stamped and addressed envelope for your use. An extra copy of the waiver is also enclosed for your records. If you comply with this request and return the signed waiver by April 19, 2012, it will be filed with the court and no summons will be served upon you. The action will then proceed as if you had been served on the date the waiver is filed, except that you will not be obligated to answer the complaint before May, 19, 2012. If you fail to answer before that time, judgment by default will be taken against you for the relief demanded in the complaint. Your answer must also be filed with the court. Unless otherwise provided in Rule 13(a), your answer must state as a counterclaim any related claim which you may have against the plaintiff, or you will thereafter be barred from making such claim in any other action. YOUR ANSWER MUST STATE SUCH A COUNTERCLAIM WHETHER OR NOT THE RELIEF DEMANDED IN THE COMPLAINT IS FOR DAMAGE COVERED BY A LIABILITY INSURANCE POLICY UNDER WHICH THE INSURED HAS THE RIGHT OR OBLIGATION TO CONDUCT THE DEFENSE. If you believe that the plaintiff is not entitled to all or part E of the claim set forth in the complaint, or if you belief that you have a counterclaim against the plaintiff, you may wish to consult an attorney. If you feel that you cannot afford to pay an attorney's fee, you may ask the clerk of the court for information about places where you may seek legal assistance. If you do not return the signed waiver by April 19, 2012, I will have formal service made in a manner authorized by the Vermont Rules of Civil Procedure. I will then ask the court to require you to pay the full costs of that service, to the extent authorized by those rules. In that connection, please read the statement concerning the duty of the parties to waive the service of summons, which is set forth on the enclosed waiver form. I affirm that this request is being sent to you on March 19, 2012. SON12-004 Notice of Lawsuit - Marcelino.wpd STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VRRMONT 00402-1507 2 Jo . Klesch A# ney for the City of South B ington STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, PLAINTIFF, V. ALAN M. E. MARCELINO, ALAN PALMER AND CHRISTINE PALMER, DEFENDANTS. ENVIRONMENTAL DIVISION DOCKET NO. VTEC WAIVER OF SERVICE OF SUMMONS TO: Alan M. E. Marcelino 548 Church Road, Apt. 101 Colchester, VT 05446 I acknowledge receipt of your request that Flood Brook Staff Association Local 632 waive service of a summons in the action of City of South Burlington v. Alan M E Marcelino Alan Palmer and Christine Palmer, which has been filed in the Vermont Superior Court, Environmental Division. I have also received a copy of the Complaint, two copies of this waiver form and a means by which I can sign and return this form to you without cost to me. I agree to save the cost of a service of summons and an additional copy of the application in this lawsuit by not requiring that you be served with judicial process in the manner required by Rule 4 of the Vermont Rules of Civil Procedure. I will retain all defenses or objections to the lawsuit or to the jurisdiction or the venue of the court except for objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against you if an answer or motion under rule 12 of the Vermont Rules of Civil Procedure is not served upon you by April 19, 2012. DATED this 19" day of March, 2012. By: Alan M. E. Marcelino DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS Rule 4 of the Vermont Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint. If you and the plaintiff are both located in the United Sates and you do not sign and return this form waiving service as requested by the plaintiff, you will be required to bear the cost of such service unless you can show good cause for not doing so. Your belief that the complaint is unfounded or that the action has been brought in the wrong place or in a court that lacks jurisdiction of the action or your person or property is not good cause for a failure to waive service. If you do waive service, you retain all defenses and objections (except those relating to the summons or its service), and you may later object to the jurisdiction of the court or to the place where the action has been brought. If you waive service, you must, within the time specified on the waiver form, serve on the plaintiff's attorney, or on the plaintiff if he or she has no attorney, a response to the complaint, which should be an answer or motion as provided in Rule 12 of the Vermont Rules of Civil Procedure. You must also file a signed copy of the response with the court. If a response is not filed within that time, a default judgment may be entered against you. Note that by waiving service you are allowed more time to respond to the complaint than if a summons had actually been served upon you on the date that you received the request for waiver of service. SOW12-005 Waiver of Service - Marcelino.wpd K STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 RA'I'TERY STREET PO. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, PLAINTIFF, V. ALAN M. E. MARCELINO, ALAN PALMER AND CHRISTINE PALMER, DEFENDANTS. ENVIRONMENTAL DIVISION DOCKET NO. VTEC NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS To: Mr. Alan Palmer & Ms. Christine Palmer 5576 Dorset Street Shelburne, VT 05482 A lawsuit has been commenced against you. A copy of the Complaint is attached to this notice. It has been filed in the Vermont Superior Court, Environmental Division. This is not a formal summons or notification from the court. To save the cost of serving you with a formal judicial summons and another copy of the complaint, I am requesting that you sign and return the enclosed waiver of service. That cost will be avoided if I receive a signed copy of the waiver by April 19, 2012. I enclose a stamped and addressed envelope for your use. An extra copy of the waiver is also enclosed for your records. If you comply with this request and return the signed waiver by April 19, 2012, it will be filed with the court and no summons will be served upon you. The action will then proceed as if you had been served on the date the waiver is filed, except that you will not be obligated to answer the complaint before May, 19, 2012. If you fail to answer before that time, judgment by default will be taken against you for the relief demanded in the complaint. Your answer must also be filed with the court. Unless otherwise provided in Rule 13(a), your answer must state as a counterclaim any related claim which you may have against the plaintiff, or you will thereafter be barred from making such claim in any other action. YOUR ANSWER MUST STATE SUCH A COUNTERCLAIM WHETHER OR NOT THE RELIEF DEMANDED IN THE COMPLAINT IS FOR DAMAGE COVERED BY A LIABILITY INSURANCE POLICY UNDER WHICH THE INSURED HAS THE RIGHT OR OBLIGATION TO CONDUCT THE DEFENSE. If you believe that the plaintiff is not entitled to all or part of the claim set forth in the complaint, or if you belief that you have a counterclaim against the plaintiff, you may wish to consult an attorney. If you feel that you cannot afford to pay an attorney's fee, you may ask the clerk of the court for information about places where you may seek legal assistance. If you do not return the signed waiver by April 19, 2012, I will have formal service made in a manner authorized by the Vermont Rules of Civil Procedure. I will then ask the court to require you to pay the full costs of that service, to the extent authorized by those rules. In that connection, please read the statement concerning the duty of the parties to waive the service of summons, which is set forth on the enclosed waiver form. 2012. I affirm that this request is being sent to you on March 19, SON12-006 Notice of Lawsuit - Palmer.wpd STITLEI., PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO. BOX 1507 BURLINUTON, VERMONT 05402-1507 2 J n H. Klesch Vt rney for the City of South lington STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, PLAINTIFF, V. ALAN M. E. MARCELINO, ALAN PALMER AND CHRISTINE PALMER, DEFENDANTS. ENVIRONMENTAL DIVISION DOCKET NO. VTEC WAIVER OF SERVICE OF SUMMONS TO: Mr. Alan Palmer & Ms. Christine Palmer 5576 Dorset Street Shelburne, VT 05482 I acknowledge receipt of your request that Flood Brook Staff Association Local 632 waive service of a summons in the action of City of South Burlington v Alan M. E. Marcelino Alan Palmer and Christine Palmer, which has been filed in the Vermont Superior Court, Environmental Division. I have also received a copy of the Complaint, two copies of this waiver form and a means by which I can sign and return this form to you without cost to me. I agree to save the cost of a service of summons and an additional copy of the application in this lawsuit by not requiring that you be served with judicial process in the manner required by Rule 4 of the Vermont Rules of Civil Procedure. I will retain all defenses or objections to the lawsuit or to the jurisdiction or the venue of the court except for objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against you if an answer or motion under rule 12 of the Vermont Rules of Civil Procedure is not served upon you by April 19, 2012. DATED this 19th day of March, 2012. By: Christine Palmer Alan Palmer DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS Rule 4 of the Vermont Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint. If you and the plaintiff are both located in the United Sates and you do not sign and return this form waiving service as requested by the plaintiff, you will be required to bear the cost of such service unless you can show good cause for not doing so. Your belief that the complaint is unfounded or that the action has been brought in the wrong place or in a court.that lacks jurisdiction of the action or your person or property is not good cause for a failure to waive service. If you do waive service, you retain all defenses and objections (except those relating to the summons or its service), and you may later object to the jurisdiction of the court or to the place where the action has been brought. If you waive service, you must, within the time specified on the waiver form, serve on the plaintiff's attorney, or on the plaintiff if he or she has no attorney, a response to the complaint, which should be an answer or motion as provided in Rule 12 of the Vermont Rules of Civil Procedure. You must also file a signed copy of the response with the court. If a response is not filed within that time, a default judgment may be entered against you. Note that by waiving service you are allowed more time to respond to the complaint than if a summons had actually been served upon you on the date that you received the request for waiver of service. SON12-007 Waiver of Service - Pa.lmer.wpd 2 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE ROBERT E.FLETCHER JOSEPH S. McLEAN AMANDA S. E. LAFFERTY JOHN H. KLESCH DINA L. ATWOOD DAVID W. RUGH° *(ALSO ADMITTED IN MD) Jacalyn Fletcher, Manager Vermont Superior Court Environmental Division 2418 Airport Road, Suite 1 Barre, VT 05641-8701 TELEPHONE (802 660-2555) FAX (802 660-2552) W W W. FIRM SPF.COM JKLESCH@FIRMSPF.COM March 19, 2012 Re: City of South Burlington v. Alan M.E. Marcelino, Alan Palmer and Christine Palmer Dear Jacalyn: Enclosed please find a Complaint with exhibits for filing in the above -captioned matter. Also enclosed is our filing fee. Enclosures cc: Mr. Aian M. E. Marcelino Mr. Alan Palmer and Ms. Christine Palmer Ray Belair, Administrative Officer SON12-008.wpd STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1607 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON Plaintiff, V. ALAN M.E. MARCELINO, ALAN PALMER and CHRISTINE PALMER, Defendants. COMPLAINT ENVIRONMENTAL DIVISION DOCKET NO. Vtec NOW COMES the City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C., and for its complaint states as follows. 1. The City of South Burlington (hereinafter "City") is a Vermont municipality located in Chittenden County. 2. At all times material to this Complaint, the City has had duly adopted Land Development Regulations ("SBLDR") in effect. 3. Defendants own or occupy real property at or about 15 Palmer Court, South Burlington, Vermont. 4. Defendants have carried out or allowed land development at 15 Palmer Court without a land development permit, as stated in the August 19, 2011 Notices of Violation ("NOV") attached as Exhibit 1 (Defendants Marcelino) and Exhibit 2 (Defendants Palmer) hereto. 5. Such land development without a permit is a violation of SBLDR § 17.02 and 24 V.S.A. § 4449(1)(1). 1 6. Defendants have carried out or allowed addition of more than 20 cubic yards of fill to the property at 15 Palmer Court without a required permit, as stated in the August 19, 2011 Notices of Violation ("NOV") attached hereto. 7. Such addition of more than 20 cubic yards of fill without a permit is a violation of SBLDR § 3.12(A). 8. The City sent each NOV to the respective Defendants by Certified Mail, Return Receipt Requested, and also sent a copy of each Notice to the respective Defendants via First Class Mail. 9. The violations were not cured within seven days of the date of the NOVs and no appeal was made to the South Burlington Development Review Board. WHEREFORE, the City requests that this Court grant it the following relief: A. An injunction requiring Defendants, at their own cost, to cease all unpermitted use of the 15 Palmer Court property including that Defendants remove and properly dispose all unregistered and/or inoperable vehicles, construction equipment, debris, trash, scrap metal, and 55 gallon drums (and their contents). B. An injunction requiring Defendants to remove and properly dispose the more than 20 cubic yards fill placed on the 15 Palmer Court property without a permit. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 2 C. An award of $100.00 per day against each Defendant for each day that there has been a violation of the SBLDR and Vermont law, from and including August 19, 2011 through present. D. Such other relief as the Court deems proper. DATED at Burlington, Vermont this 19th day of March 2012. k:\wpdoc\1it\son12-009 15 palmer court comp STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON 3 August 19, 2011 Alan M.E. Marcelino 548 Church Road Apt. 101 Colchester, VT 05446 Re: Notice of Violation, 15 Palmer Court Dear Mr. Marcelino: 19i�0WFf [MF AUG 2 2 2011 S-rrr7"_l. PAGE, Fi_ :.T-Fim' 111C Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the property without a zoning permit and altered the grade of the property by adding more that 20 cubic yards of fill without a zoning permit. Without limiting the foregoing, the property is being used to store many unregistered and inoperable motor vehicles, construction equipment, piles of debris, scrap metals and 55 gallon drums. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: (1) Cease the unapproved use and (2) property without a permit or obtain all the fill material. remove all fill materials placed on the approvals and permits needed to retain If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbu fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincerely, "4V4 r Raymond J. Belair Administrative Officer Encl. CC: John Klesh, Esq. Certified Mail Receipt # 7010 0290 0000 2215 2876 PLANNING & ZONING August 19, 2011 Alan & Christine Palmer 5576 Dorset Street Shelburne, VT 05482 Re: Notice of Violation, 15 Palmer Court Dear Mr. & Mrs. Palmer: {,-1 C", AUG 2 2 2011 STITZEL PAGE & FI_ETCHER, PC Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the property without a zoning permit and altered the grade of the property by adding more that 20 cubic yards of fill without a zoning permit. Without limiting the foregoing, the property is being used to store many unregistered and inoperable motor vehicles, construction equipment, piles of debris, scrap metals and 55 gallon drums. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: (1) Cease the unapproved use and (2) remove all fill materials placed on the property without a permit or obtain all approvals and permits needed to retain the fill material. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846,4101 www s b u r fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Raymond 3. Belair Administrative Officer Encl. CC: Sohn Klesh, Esq. Certified Mail Receipt # 7010 0290 0000 2215 2869 STITZEL, PAGE & FLETCHER, P.C. STTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 3URLINGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, PLAINTIFF, V. ALAN M. E. MARCELINO, ALAN PALMER AND CHRISTINE PALMER, DEFENDANTS. ENVIRONMENTAL DIVISION DOCKET NO. VTEC NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS To: Alan M. E. Marcelino 548 Church Road, Apt. 101 Colchester, VT 05446 A lawsuit has been commenced against you. A copy of the Complaint is attached to this notice. It has been filed in the Vermont Superior Court, Environmental Division. This is not a formal summons or notification from the court. To save the cost of serving you with a formal judicial summons and another copy of the complaint, I am requesting that you sign and return the enclosed waiver of service. That cost will be avoided if I receive a signed copy of the waiver by April 19, 2012. I enclose a stamped and addressed envelope for your use. An extra copy of the waiver is also enclosed for your records. If you comply with this request and return the signed waiver by April 19, 2012, it will be filed with the court and no summons will be served upon you. The action will then proceed as if you had been served on the date the waiver is filed, except that you will not be obligated to answer the complaint before May, 19, 2012. If you fail to answer before that time, judgment by default will be taken against you for the relief demanded in the complaint. Your answer must also be filed with the court. Unless otherwise provided in Rule 13(a), your answer must state as a counterclaim any related claim which you may have against the plaintiff, or you will thereafter be barred from making such claim in any other action. YOUR ANSWER MUST STATE SUCH A COUNTERCLAIM WHETHER OR NOT THE RELIEF DEMANDED IN THE COMPLAINT IS FOR DAMAGE COVERED BY A LIABILITY INSURANCE POLICY UNDER WHICH THE INSURED HAS THE RIGHT OR OBLIGATION TO CONDUCT THE DEFENSE. If you believe that the plaintiff is not entitled to all or part of the claim set forth in the complaint, or if you belief that you have a counterclaim against the plaintiff, you may wish to consult an attorney. If you feel that you cannot afford to pay an attorney's fee, you may ask the clerk of the court for information about places where you may seek legal assistance. If you do not return the signed waiver by April 19, 2012, I will have formal service made in a manner authorized by the Vermont Rules of Civil Procedure. I will then ask the court to require you to pay the full costs of that service, to the extent authorized by those rules. In that connection, please read the statement concerning the duty of the parties to waive the service of summons, which is set forth on the enclosed waiver form. I affirm that this request is being sent to you on March 19, 2012. SON12-004 Notice of Lawsuit - Marcelino.wpd STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1607 3URLINGTON, VERMONT 06402-1507 2 Jo . Klesch A ney for the City of South Bh,Kington STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, PLAINTIFF, VM ALAN M. E. MARCELINO, ALAN PALMER AND CHRISTINE PALMER, DEFENDANTS. ENVIRONMENTAL DIVISION DOCKET NO. VTEC WAIVER OF SERVICE OF SUMMONS TO: Alan M. E. Marcelino 548 Church Road, Apt. 101 Colchester, VT 05446 I acknowledge receipt of your request that Flood Brook Staff Association Local 632 waive service of a summons in the action of Citv of South Burlinaton v. Alan M. E. Marcelino, Alan Palmer and Christine Palmer, which has been filed in the Vermont Superior Court, Environmental Division. I have also received a copy of the Complaint, two copies of this waiver form and a means by which I can sign and return this form to you without cost to me. I agree to save the cost of a service of summons and an additional copy of the application in this lawsuit by not requiring that you be served with judicial process in the manner required by Rule 4 of the Vermont Rules of Civil Procedure. I will retain all defenses or objections to the lawsuit or to the jurisdiction or the venue of the court except for objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against you if an answer or motion under rule 12 of the Vermont Rules of Civil Procedure is not served upon you by April 19, 2012. DATED this 19th day of March, 2012. By: Alan M. E. Marcelino DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS Rule 4 of the Vermont Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint. If you and the plaintiff are both located in the United Sates and you do not sign and return this form waiving service as requested by the plaintiff, you will be required to bear the cost of such service unless you can show good cause for not doing so. Your belief that the complaint is unfounded or that the action has been brought in the wrong place or in a court that lacks jurisdiction of the action or your person or property is not good cause for a failure to waive service. If you do waive service, you retain all defenses and objections (except those relating to the summons or its service), and you may later object to the jurisdiction of the court or to the place where the action has been brought. If you waive service, you must, within the time specified on the waiver form, serve on the plaintiff's attorney, or on the plaintiff if he or she has no attorney, a response to the complaint, which should be an answer or motion as provided in Rule 12 of the Vermont Rules of Civil Procedure. You must also file a signed copy of the response with the court. If a response is not filed within that time, a default judgment may be entered against you. Note that by waiving service you are allowed more time to respond to the complaint than if a summons had actually been served upon you on the date that you received the request for waiver of service. SON12-005 Waiver of Service - Marcelino.wpd V, STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, PLAINTIFF, V. ALAN M. E. MARCELINO, ALAN PALMER AND CHRISTINE PALMER, DEFENDANTS. ENVIRONMENTAL DIVISION DOCKET NO. VTEC NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS To: Mr. Alan Palmer & Ms. Christine Palmer 5576 Dorset Street Shelburne, VT 05482 A lawsuit has been commenced against you. A copy of the Complaint is attached to this notice. It has been filed in the Vermont Superior Court, Environmental Division. This is not a formal summons or notification from the court. To save the cost of serving you with a formal judicial summons and another copy of the complaint, I am requesting that you sign and return the enclosed waiver of service. That cost will be avoided if I receive a signed copy of the waiver by April 19, 2012. I enclose a stamped and addressed envelope for your use. An extra copy of the waiver is also enclosed for your records. If you comply with this request and return the signed waiver by April 19, 2012, it will be filed with the court and no summons will be served upon you. The action will then proceed as if you had been served on the date the waiver is filed, except that you will not be obligated to answer the complaint before May, 19, 2012. If you fail to answer before that time, judgment by default will be taken against you for the relief demanded in the complaint. Your answer must also be filed with the court. Unless otherwise provided in Rule 13(a), your answer must state as a counterclaim any related claim which you may have against the plaintiff, or you will thereafter be barred from making such claim in any other action. YOUR ANSWER MUST STATE SUCH A COUNTERCLAIM WHETHER OR NOT THE RELIEF DEMANDED IN THE COMPLAINT IS FOR DAMAGE COVERED BY A LIABILITY INSURANCE POLICY UNDER WHICH THE INSURED HAS THE RIGHT OR OBLIGATION TO CONDUCT THE DEFENSE. If you believe that the plaintiff is not entitled to all or part of the claim set forth in the complaint, or if you belief that you have a counterclaim against the plaintiff, you may wish to consult an attorney. If you feel that you cannot afford to pay an attorney's fee, you may ask the clerk of the court for information about places where you may seek legal assistance. If you do not return the signed waiver by April 19, 2012, I will have formal service made in a manner authorized by the Vermont Rules of Civil Procedure. I will then ask the court to require you to pay the full costs of that service, to the extent authorized by those rules. In that connection, please read the statement concerning the duty of the parties to waive the service of summons, which is set forth on the enclosed waiver form. I affirm that this request is being sent to you on March 19, 2012. SON12-006 Notice of Lawsuit - Palmer.wpd STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 3URLINGTON, VERMONT 05402-1507 G J n H. Klesch Vt rney for the City of South lington STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON, PLAINTIFF, V. ALAN M. E. MARCELINO, ALAN PALMER AND CHRISTINE PALMER, DEFENDANTS. ENVIRONMENTAL DIVISION DOCKET NO. VTEC WAIVER OF SERVICE OF SUMMONS TO: Mr. Alan Palmer & Ms. Christine Palmer 5576 Dorset Street Shelburne, VT 05482 I acknowledge receipt of your request that Flood Brook Staff Association Local 632 waive service of a summons in the action of City of South Burlington v. Alan M. E. Marcelino, Alan Palmer and Christine Palmer, which has been filed in the Vermont Superior Court, Environmental Division. I have also received a copy of the Complaint, two copies of this waiver form and a means by which I can sign and return this form to you without cost to me. I agree to save the cost of a service of summons and an additional copy of the application in this lawsuit by not requiring that you be served with judicial process in the manner required by Rule 4 of the Vermont Rules of Civil Procedure. I will retain all defenses or objections to the lawsuit or to the jurisdiction or the venue of the court except for objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against you if an answer or motion under rule 12 of the Vermont Rules of Civil Procedure is not served upon you by April 19, 2012. DATED this 19t' day of March, 2012. By: Christine Palmer Alan Palmer DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS Rule 4 of the Vermont Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint. If you and the plaintiff are both located in the United Sates and you do not sign and return this form waiving service as requested by the plaintiff, you will be required to bear the cost of such service unless you can show good cause for not doing so. Your belief that the complaint is unfounded or that the action has been brought in the wrong place or in a court that lacks jurisdiction of the action or your person or property is not good cause for a failure to waive service. If you do waive service, you retain all defenses and objections (except those relating to the summons or its service), and you may later object to the jurisdiction of the court or to the place where the action has been brought. If you waive service, you must, within the time specified on the waiver form, serve on the plaintiff's attorney, or on the plaintiff if he or she has no attorney, a response to the complaint, which should be an answer or motion as provided in Rule 12 of the Vermont Rules of Civil Procedure. You must also file a signed copy of the response with the court. If a response is not filed within that time, a default judgment may be entered against you. Note that by waiving service you are allowed more time to respond to the complaint than if a summons had actually been served upon you on the date that you received the request for waiver of service. SON12-007 Waiver of Service - Palmer.wpd V, "rh /) ) -// - ,, C'� IT southbluAin2ton PLANNING & ZONING August 19, 2011 Alan & Christine Palmer 5576 Dorset Street Shelburne, VT 05482 Re: Notice of Violation, 15 Palmer Court Dear Mr. & Mrs. Palmer: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the property without a zoning permit and altered the grade of the property by adding more that 20 cubic yards of fill without a zoning permit. Without limiting the foregoing, the property is being used to store many unregistered and inoperable motor vehicles, construction equipment, piles of debris, scrap metals and 55 gallon drums. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: (1) Cease the unapproved use and (2) remove all fill materials placed on the property without a permit or obtain all approvals and permits needed to retain the fill material. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincer y, Raymond J. Belair Administrative Officer Encl. CC: John Klesh, Esq. Certified Mail Receipt # 7010 0290 0000 2215 2869 r southburlin to PLANNING & ZONING August 19, 2011 Alan M.E. Marcelino 548 Church Road Apt. 101 Colchester, VT 05446 Re: Notice of Violation, 15 Palmer Court Dear Mr. Marcelino: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the property without a zoning permit and altered the grade of the property by adding more that 20 cubic yards of fill without a zoning permit. Without limiting the foregoing, the property is being used to store many unregistered and inoperable motor vehicles, construction equipment, piles of debris, scrap metals and 55 gallon drums. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: (1) Cease the unapproved use and (2) remove all fill materials placed on the property without a permit or obtain all approvals and permits needed to retain the fill material. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.shurl.com fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincerely, k'7 r Raymond J. Belair Administrative Officer Encl. CC: John Klesh, Esq. Certified Mail Receipt # 7010 0290 0000 2215 2876 VOL � ORI, IVIf VLRMU+T WARRANT llG Mf) - • .�. F Page ITIIIh �Tll PITH f PAP ��P�� cut I, ALAN D. PALMER, Shelburne, in the County of Chittenden °f Grantor , in the consideration of and State of Vermont, -----TEN AND MORE------------------------- Dollars paid to my full satisfaction by ALAN M. E. MARCELINO it of Colchester, in the County of Chittenden and State of Vermont, Grantee by these presents, do freely fiice. (6carii. Sell. (60ttnn9 AttD f6at[ficnt unto the said Grantee, ALAN M. E. MARCELINO, and his heirs and assigns forever, a South Burlington, in the certain piece of land in and State of Yermont, described as County of Chittenden follows, viz: A parcel of land with all buildings thereon containing 91,118 square feet, more or less, and being Lot No. 4 on a plan entitled "Muddy Brook Industrial Park, So. Burlington, Vermont" prepared by Palco, Ltd. dated February 1988, recorded in Volume moo, at Page /zo, of the City of South Burlington Land Records. Said parcel being more particularly described as follows: Commencing at a point which marks the northwest corner of Lot No. 5 in said plan; thence proceeding along a curve having a radius of 63.00 feet a distance of 120.85 feet to a point; thence turning to the right and proceeding N 47' 10' 40" E a distance of 148.80 feet to a point; thence continuing N 550 10' 58" E a distance of 425.69 feet to a point; thence turning to the right and proceeding S 15' 18' 55" W a distance of 146.00 feet to a point; thence continuing S 27° 43' 50" W a distance of 214.20 feet to a point; thence continuing S 35' 53' 30" W a distance of 233.00 feet to a point; thence turning to the right and proceeding N 43' 30' 41" W a distance of 99.98 feet to a point; thence proceeding N 88° 08' 23" W a distance of 91.29 feet to the point or place of beginning. Said parcel is subject to the following easements as depicted on the above -reference plan: (a) A 20-foot drainage easement; (b) A 100-foot utility easement; (c) A 15-foot pedestrian easement. Said parcel being a portion of the land and premises conveyed to Alan D197almer by Warranty Deed of James R. Ewing and Victoria C. Ewing dated July 8, and recorded in Volume 134, at Page 56, of .the City of South Burlington Land Records. Reference is hereby made to the foregoing plan and deed and the records thereof, and to all deeds therein referred to and the ,records thereof, in aid of this description. Also included herewith is an easement for ingress and egress for vehicles across Lot No. 3 as shown on said plat along the existing driveway to the abovc-described parcel and to that portion of Lot No. 3 lying easterly of the easterly boundary of the 100 foot right of way as shown on said plan. To Hour anb to 3inlb r said granted premises, with all the priviiegea and ap- purtenances thereof, to the said Grantee, ALAN M. E. MARCELINO, and his heirs and assigns, to their own use and behoof forever; Ind I, the said Grantor, ALAN D. PALMER, for myself and my heirs, executors and administrators, do covenant with the said Grantee, ALAN M. E. MARCELINO, and his heirs and assigns, that until the ensealing of these presents I am the sole owner of the premises, and have Rood ridht and title to convey the same in manner aforesaid, that they are 3rrr Yram Form Enrumbramr, except as aforesaid; and I do hereby engage to 35arrant Anb Erfrnb whatever, except as aforesaid. An 19itnrns 31hrrrof. I this --V— day of 6c Btatt (of Brrttwrdt 9auatp OF CHITTENDEN I. - the same against all lawful claims set /� " mY hand and seal ^ I {q.r D. 19 91. Alan D. Palmer .11t South Burlington, this �_ day of sc - =- A"'Z .4. D. 1991, ALAN D. PALMER personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me VgniontProperty Transfer Tax Notary Public 32 V. S. A. Chap. 231 -ACKNOWLEDGEMENT- n uro u� artnor�xr ry+es,et csn. at9 Return 1,p,i.ua ^t'�., �dL Clerk Dde a Q Q W O Q 7 < �U � Z LL. O o3�l�$ W > U Z O a Li LLl a W W � U O � 0 n O \0_I a Q < 0 m Z 0 m U) jr F 0 W W N �- W 0 WXIV n dNo z F dfOz 0 �zI WIt J F > ooz s, o Ujm� W N z Y D O 4_ m U) Vol., /5' ,2 E 5EtzV ro F0.2 FUi UR -E � ' A 91 h q N -� o N zo FT— CH4MR&AM1 /�/4T�u pv 0(1 `� 0 W L) BO, 525 5.F N � 8l, 7h3 5•F � L` 77 9(0 �`� rz= 4S oo- � >o fr wArelz. _1z "B"o: oo • / o _ J Z = 00 OL9 T= _ - — — zoo. 3/ R 72-7 Zy /zo. CC' \ SAL M�I� SUE/GN TS 60.00 R= 80.00' -rg5' 56. -'5 \ 79.(0/' rcvlzve G Q SG 7� ZO' S�OSI'c?" �C7Q�Ec/ MT/J. 5=30'Z4'Z7" 36, IJ 1 D -4lkl /a7 5a'3, � •�. \ —�` Vic. TA SEI 9E/J T' 1 y/ in � 0 5' � /02, 5 �0 5. F. �/✓/ nl/u t�l , I \ '�-i� _ 0 I � •' GALL: UU�SJ ` �'R/ \ �T \ _ � oO � � 5j5• \ � �s\ O dQ � z 3 ism 9.', //8 5•F �s� /38, 884 S.F o, td- �0 5Z7e4 74 6 % i L D 2GFER TO 4 PREVIOUS PL.4kJ B'/ FW-A44..-0Q CO. LTD. 5417/7-LEl-) " 14LIZ 0y adzooe /1/01157-DUAL PA.QAL" 5o• BGJ4'L%VETO U VT. pATEo A10V. /, /977 / REV/5EL:) LAST I/?8186 / JOB .C/O. 77-52 . 2. TN15 R--ALl /.R//LL 5UR E25EDE THE ABOVE ME.VT/OkJEo PL ARc1 �j_ PER/ME TE,Q: SC.Ilc'V�'•1 B/ LcJEB 5TE2- M4RT/�./ /,CIG. E,uT/TEED "PRpPERT� PLA�c./ � JAMES EI..J/L/G h0• 5U12L/R('&TO.V 4/JO &JIL.Ll:/ ,Tiokl V77, P.QOJ. # $999 —?-rx ') J„/d7il .../.0'7.d ::.F/F/...� R.Ij —1111. — L ECG E LJO /RO.c/ PIPE o F014JT OF CU2VE O_2 T,4AJnERVT O -OAJER ALE / AJ1,QffIj � -- — ARTICLE 3 GENERAL PROVISIONS 3-25 permit has been issued where the construction of such structure shall have been diligently pursued within thirty (30) days of the date of such permit and where such structure shall be completed according to such plans and permit within six (6) months from the effective date of these regulations. I. Unlawful Use Not Approved or Authorized. Nothing in these regulations shall be interpreted as authorization for or approval of the continuance of the use of a structure or land in violation of zoning prior to the effective date of these regulations. J. Unsafe Structures. Nothing in these regulations shall permit the use of any portion of a structure declared unsafe by a proper authority nor the continuation of a condition declared to be a health hazard by an appropriate authority. K. Nonconforming Lots or Parcels. (1) See Section 3.05 for pre-existing small lots. (2) The boundaries of a lot or parcel that is nonconforming for any reason other than for being a pre-existing small lot may be altered only in a manner that decreases its degree of nonconformity. L. Nonconforming Use of Land with No Structure. Where no structure is involved, the non- conforming use of land may be continued, provided that: (1) Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of enactment of these Regulations. (2) The lot on which such nonconforming use is located shall not be reduced in size. (3) Such nonconforming use shall not be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such use at the time of enactment of these Regulations. (4) If such non -conforming use of land or any portion thereof ceases for any reason whatsoever for one hundred twenty (120) consecutive days or for a total of six (6) months in a one year period, any future use of such land shall be in compliance with all provisions of these Regulations. 3.12 Alteration of Existing Grade A. Permit Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site South Burlington Land Development Regulations Effective May 6, 2013 ARTICLE 3 GENERAL PROVISIONS 3-26 plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 13.16, Earth Products.) B. Standards and Conditions for Approval. (1) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub -Section 3.12(B). and Section 3.07, Height of Structures of these regulations. An application under Section 3.12(A) above shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. (c) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure compliance with the provisions of these Regulations. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. 3.13 General Performance and Maintenance Standards A. Purpose of Performance Standards. Consistent with the general purposes of these regulations, performance standards (see Appendix A) shall set specific controls on potentially objectionable external aspects of such non-residential uses so as to: (1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other atmospheric pollutant outside the structure or beyond the property boundaries in which the use is conducted. (2) Control noise and light trespass beyond the boundaries of the site of the use. (3) Prevent the discharge of untreated wastes into any watercourse or waterbody. (4) Prevent the dissemination of vibration, heat, or electromagnetic interference beyond the immediate site on which the site is located. South Burlington Land Development Regulations Effective May 6, 2013 CITY CLERK'S OFFICE i Received Nov 03t2014 01:OOP O�]032611 V: 1240 PG: 28S Recorded in VOL: 1240 PG: 285 •a$!p OF So. Burlington Land Records At t 4sst : WARRANTY DEED 'll Donna Kinvi e City Clerk KNOW ALL MEN BY THESE PRESENTS THAT We, ALAN D. PALMER and CHRISTINE L. PALMER, of the Town of Shelburne in the County of Chittenden and State of Vermont, Grantors, in consideration of TEN AND MORE DOLLARS paid to their full satisfaction by, ALAN M.E. MARCELINO, of the City of South Burlington, in the County of Chittenden and State of Vermont, Grantee, by these presents, do freely GIVE, GRANT, SELL CONVEY AND CONFIRM unto the said Grantee, ALAN M.E. MARCELINO, and his heirs, successors and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows and hereinafter referred to as the "Premises," viz: A parcel of land containing 1.73 acres and designated as "Portion of Lot 3 to be conveyed to Marcelino" on a plan entitled "Final Plat Boundary Line Adjustment between Alan D. Palmer & Alan E. Marcelino," dated October 2012, revised July 2013, prepared by Vermont Land Surveyors Inc., and recorded in Volume 574, Page 6 of the City of South Burlington Land Records. Said parcel is being conveyed subject to all easements, rights of way, covenants and restrictions of record. Said parcel being a portion of the land and premises conveyed to Alan D. Palmer by Warranty Deed of James R. Ewing and Victoria C. Ewing dated July 8, 1977 and recorded in Volume 134, Page 56 of the City of South Burlington Land Records. Further reference to a Quitclaim Deed from Alan D. Palmer to Alan D. Palmer and Christine L. Palmer, dated March 22, 1993, and recorded in Volume 340, Page 461 of the City of South Burlington Land Records. Reference is hereby made to the foregoing plan and deeds and the records thereof, and to all deeds therein referred to and the records thereof, in aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, ALAN M.E. MARCELINO; his heirs, successors and assigns, to his own use and behoof forever; And the said Grantors, ALAN D. PALMER and CHRISTINE L. PALMER, for themselves and their successors, heirs, executors and Page 1 of 2 00032611 V: 1240 PG: 286 administrators, do covenant with the said Grantee, ALAN M.E. MARCELINO, his heirs, successors and assigns, that until the ensealing of these presents they are the sole owners of the premises, and have good right and title to convey the same in the marurer aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; except as aforesaid, and they hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Grantors have executed this instrument on the 17th day of October, 2014. 1N THE PIASENCE OF: ALAN D. PALMER CHRISTINE L. P STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington, this 171h day of October, 2014, ALAN D. PALMER, personally appeared, and he acknowledged this instrument, by him subscribed to be his free act and deed. A7 Before me, r/ Notary Public My Commission Expires: 02/10/15 STATE OF VERMO„N'T 'COUNT`' v liLaiLN DEN SS. At Burlington, this 17th day of October, 2014, CHRISTINE L. PALMER, personally appeared, and she acknowledged this instrument, by her subscribed to be her free act and deed. Vermont Property Transfer Tax Before me, 32 V _ S _ A _ Ch aR 231 Notary Public, / —ACKNOWLEDGEMENT— M Commission Expires: 02/10/15 RETURN REC'D-TAX PAID BOARD Y P OF HEALTH CERT. REC'D. '• VT LAND USE & DEVELOPMENT f PLANS ACT. CERT. REC'D QAPalmer, JgWflr*VolWarranty.Deed. Docx ------------------------- Donna Kinville City Clerk Date Nov 03►2014 Page 2 of 2 EN® OF DOCUMENT 00031026 STATE OF VERMONT SUPERIOR COURT Chittenden Unit People's United Bank, Successor in Interest by Merger To Chittenden Trust Company d/b/a Chittenden Bank, Plaintiff, V. Alan M.E. Marcelino, A. Marcelino & Company, Inc., Marcelino Machinery Corporation, United States of America, Department of the Treasury — Internal Revenue Service, GE Capital Corp., Wasco Funding Corp., All Points Capital Corp., Wells Fargo Bank, National Association, CNH Capital America LLC, Peckham Materials Corp., and Hickok & Boardman of St. Albans, Inc., Defendants. V_ 1222 PG- 340 CITY CLERIC'S OFFICE Received Jul 03r2014 11:15A Recorded in VOL: 1222 PG: 340 --341r OF So. Burlington Land Records Attest- Gonna Kinville city Clerk CIVIL DIVISION Docket No. S 1007-11 CnC VERMONT SUPERIOR COURT APR 15 2014 � ittenden Unit JUDGMENT AND DECREE OF FORECLOSURE BY JUDICIAL SALE 26 Plaintiff commenced this action by the filing of a Complaint on September 21, 2011. 24 Plaintiff then filed an Amended Complaint on October 21, 2011. Defendants Alan M.E. Marcelino, A. Marcelino & Company, Inc., and Marcelino Machinery Corporation were served with the Amended Complaint on October 21, 2011, via their attorney. Defendant CNH Capital America LLC was served with the Amended Complaint by the Chittenden County Sheriff on October 27, 2011. Defendant United States of America, Department of the Treasury — Internal Revenue Service was served with the Amended Complaint on October 21, 2011, via their attorney. Defendants 'GE Capital Corp., All Points Capital Corp., Peckham Materials Corporation, Wells Fargo Bank N.A., and Wasco Funding Corp. were served with the Amended Complaint by sheriff or licensed process server on October 24 and October 25, 2011. Defendant Hickok & Boardman of St. Albans, Inc. was served with the Amended Complaint on October 21, a , 00031026 V : 1222 PG.- 341 2011, via its attorney. On March 20, 2014, the Court granted the Motion for Summary Judgment, Motion for Judgment of Foreclosure, and Motion for Shortened Redemption Period, shortening the redemption period to thirty (30) days. The accounting was entered without a hearing on March 20, 2014. Pursuant to V.R.C.P. 80.1(g) and V.R.C.P. 58, IT IS HEREBY ORDERED, ADJUDGED and DECREED, as follows: I. Judgment. There is presently due and owing the principal amount of $696,895.66, accrued interest as of March 20, 2014 in the amount of $113,985.40; court costs in the amount of $262.50, service costs in the amount of $780.66; reasonable attorney's fees of $17,799.00; and recording fees in the amount of $540.00; making the total amount due to Plaintiff the sum of $830,263.22, as of March 20 10, 2014, plus interest accruing at the rate of $229.637 per diem from March 20, 2014 to the date of redemption. 2. Taxes and Other Advances. Plaintiff is entitled to have any amounts paid for taxes after the date of the Affidavit of Amounts Due added to the amount due at the time of redemption, pursuant to 12 V.S.A. § 4935, upon proof of payment made. Plaintiff is also entitled to have any amounts paid for other advances made after the date of the Affidavit added to the amount due at the time of redemption with the approval of the Court. 3. Mortgaged Properties. The properties which are the subject of this foreclosure, are the "Richmond Mortgaged Property" and the "South Burlington Mortgaged Property", collectively the "Mortgaged Properties". The Richmond Mortgaged Property is described in a Mortgage from Defendant Alan E. Marcelino to People's United Bank, successor in interest by merger to Chittenden Trust Company d/b/a Chittenden Bank, on lands and premises known as Governor Peck Road, in Richmond, Vermont, dated September 30, 2002, and recorded on 2 00031026 1 V a 1222 PG-- 342 October 4, 2002, in Book 134, Pages 167-172 of the Town of Richmond Land Records, and a Mortgage dated September 28, 2006, recorded on October 4, 2006 in Book 174, Pages 286-294 of the Town of Richmond Land Records. The Richmond Mortgaged Property is described as follows: All and the same lands conveyed to Alan M.E. Marcelino by Warranty Deed of GPR Associates dated January 15, 1999 and recorded in Volume 109, Page 186 of the Richmond Land Records, except for the portion conveyed by Alan M.E. Marcelino to Green Mountain Power Corporation and Vermont Electric Cooperative, Inc. by Warranty Deed dated August 12, 2005 and recorded in Volume 165, Page 370 of the Richmond Land Records. Reference is made to a survey map prepared by Vermont Land Surveyors, Inc. dated November 10, 2004, last revised July 12, 2005 entitled, "Two Lot Subdivision for Green Mountain Power Corporation and Vermont Electric Cooperative, Inc. off Governor Peck Road, Richmond, Vermont", which survey map is of record at Map Slide of the Richmond Land Records. Reference is hereby made to all the above mentioned deeds and records and to the references and descriptions contained therein and to the Land Records of the Town of Richmond for further and more complete description of the lands and premises here in conveyed. The South Burlington Mortgaged Property is described in a Mortgage from Defendant Alan E. Marcelino to People's United Bank, successor in interest by merger to Chittenden Trust Company d/b/a Chittenden Bank, on lands and premises known as 20 Palmer Court, South Burlington, Vermont, dated September 30, 2002, and recorded on October 3, 2002, in Volume 569, Pages 514-520 of the City of South Burlington Land Records, and a Mortgage dated September 28, 2006, recorded on October 4, 2006, in Volume 763, Pages 7-15 of the City of South Burlington Land Records. The South Burlington Mortgaged Property is described as follows: Being all and the same lands and premises conveyed to Alan M.E. Marcelino by Warranty Deed of Alan D. Palmer dated December 4, 1991 and recorded in Volume 315, Page 60 of the South Burlington Land Records, and being more particularly described as follows: Being a portion of the lands and premises, with all improvements thereon, conveyed to Alan D. Palmer by Warranty Deed of James R. Ewing and 3 00031026 ( V: 1222 PG: 343 Victoria G. Ewing dated July 8, 1977 and recorded in Volume 134 at Page 56 of the Land Records of the City of South Burlington. A parcel of land with all buildings thereon containing 91,118 square feet, more or less, and being Lot #4 on a plan entitled, "Muddy Brook Industrial Park, So. Burlington, Vermont," prepared by Palco, Ltd. dated February 1988, recorded in Volume 200, Page 120 of the City of South Burlington Land Records. Reference is herein made to the aforementioned instruments, the records thereof and the references therein contained, all in further aid of this description. 4. Redemption. It is FURTHER ORDERED that unless Defendant Mortgagor Alan M.E. Marcelino pays to the Clerk of the Court on or before May 15 , 2014, before 4:30 p.m. EST, the sum of $830,263.22 together with any amounts established under paragraph 2 above and per diem interest of $229.637 from March 20, 2014 until the date of redemption, then Plaintiff may file a motion for writs of possession. It is FURTHER ORDERED that unless Defendants GE Capital Corp., Wasco Funding Corp., All Points Capital Corp., Wells Fargo Bank, N.A., CNH Capital America, LLC, Peckham Materials Corp., or Hickok & Boardman of St. Albans pay to the Clerk of the Court on or before May 19, 2014 & May 20, 201 NNW, before 4:30 p.m., the sum of $830,263.22, together with any amounts established under paragraph 2 above and per diem interest of $229.637 from March 20, 2014 until the date of redemption, then such parties shall be foreclosed and forever barred from all equity of redemption in the Mortgaged Properties. It is FURTHER ORDERED that unless Defendant United States of America Department of the Treasury — Internal Revenue Service pays to the Clerk of the Court on or before May 21, 2014 May 22 , 2014, before 4:30 p.m. EST, the sum of $830,263.22, together with any amounts established under paragraph 2 above and per diem interest of $229.637 from March 20, 2014 to the date of redemption, then such party shall be foreclosed and barred from all equity of 2 00031026 1 V : 1222 PG: 344 redemption in the Mortgaged Properties, but the United States of America shall have a further right to redeem the Mortgaged Properties within 120 days following the transfer of title to the purchaser at the public sales provided for in this Decree if its tax lien has not been discharged prior to or as a result of that sale, and the equity of redemption of the United States of America in the Mortgaged Properties shall not be foreclosed unless such public sales are held. 5. Defendant/Mortgagor's Additional Right to Redeem. Defendant/Mortgagor Alan M.E. Marcelino may also redeem up to the date of the judicial sales, described in paragraph 6 below, by payment of the redemption amount pursuant to 12 V.S.A. § 4949(a). 6. Non -Redemption; Notice of Sale. If the Defendants shall fail to redeem the Mortgaged Properties as set forth in paragraph 5 above, then the Court shall issue Certificates of Non -Redemption, and the Mortgaged Properties shall be sold to the highest bidder at public sales by a sheriff, deputy sheriff, constable, licensed auctioneer or other disinterested person specifically appointed by the Court, pursuant to 12 V.S.A. § 4945 et seq. and V.R.C.P. 80.1. The sales shall take place within six (6) months of the last redemption date under paragraph 4 above, unless extended by the Court or the case is stayed by a bankruptcy filing. Plaintiff shall send a Notice of Sale as required by 12 V.S.A. § 4952(c) at least 30 days before the sale. The Plaintiff shall also send written notice of the time and place of the sales, by certified mail, return receipt requested, at least twenty (20) days prior to the date of the sale, to the Attorney General of the United States, in Washington, D.C., and to the U.S. Attorney for the District of Vermont, at P.O. Box 570, Burlington, Vermont 05402. Plaintiff shall also publish a Notice of Sale in newspapers distributed in the Town of Richmond and in the City of South Burlington, Vermont for three (3) consecutive weeks prior to the date of sale and shall specify 5 00031026 V o 1222 PG-- 345 that the properties shall be sold to the highest bidder at public sales to be held at each of the Mortgaged Properties on a specified date and times. The first publication shall be not less than 21 days prior to the date of sale. Prior to any request for confirmation, Plaintiff shall file a copy of the Notice of Sale with the Court with a certificate of service. Plaintiff shall also file a copy of the published Notice of Sale with the Court, with a copy of the publications or a certificate of publication dates. 7. Public Sales. At the sale for each of the Mortgaged Properties, the person holding the public sale shall sell to the highest bidder the Mortgaged Property being sold, subject to property taxes and municipal assessments, if any, and subject to the right of the United States of America to redeem the Mortgaged Property being sold on or before 120 days from the date of the transfer of title to the purchaser at the public sale if its tax lien has not been discharged prior to or as a result of that sale. If the Plaintiff makes the highest bid, Plaintiff shall be required to pay cash or certified funds only to the extent that its bid is in excess of the sum due it by the Defendant/mortgagor up to the date of the sale under this Judgment and Decree. The purchaser at the sale shall pay cash or wired funds to the person holding the sale. The Notice of Sale shall specify that this form of payment is authorized. In any case, a deposit shall be paid at the time of sales of at least Twenty - Five Thousand Dollars ($25,000) in the form of cash, a bank treasurer's check, or certified funds. This provision shall not be required of Plaintiff or its designee. Plaintiff is authorized to require each purchaser to sign a purchase and sales agreement. The public sales may be adjourned one or more times for a total time not exceeding thirty (30) days, without further court order, and without publication or service of a new notice of sale, by announcement of the new sale date to those present at each adjournment or by posting notice of 00031026 1 w: 1222 RG1- 346 the adjournment in a conspicuous place at the location of the sale. Notice of the new sale date shall also be sent by first class mail, postage prepaid, to the mortgagor at the mortgagor's last known address at least five (5) days before the new sale date. 8. Report of Sale. The person holding each of the public sales shall file a Report of Sale, under oath, with the Court pursuant to 12 V.S.A. § 4954(a). The person holding the public sales, or the attorney for the Plaintiff, shall retain all sale proceeds as custodian, to be disbursed in accordance with the final Confirmation Order of this Court promptly following confirmation pursuant to 12 V.S.A. § 4954(a). 9. Confirmation. Plaintiff shall file a motion for confirmation, which shall set forth the satisfaction of all statutory requirements for confirmation, supported by affidavit if necessary, and a proposed distribution of sale proceeds in specified amounts together with a factual basis for such distribution supported by the record and affidavit(s) if necessary. The United States shall be paid interest on its tax lien in accordance with the rate set out in 26 U.S.C. § 6621. The portion of this Decree setting forth the order for redemption by the Defendants does not establish the priority of interests in the surplus sale proceeds. The Court may require Plaintiff to serve any interested persons, as well as all parties who appeared in the case, with any motion for confirmation and notice of confirmation hearing scheduled pursuant to 12 V.S.A. § 4954(a). At confirmation, Plaintiff may be allowed additional reasonable attorney's fees and the reasonable expenses of making the sale pursuant to 12 V.S.A. § 4937 as well as taxes paid since the accounting, if any, pursuant to 12 V.S.A. § 4935. 1f the Court confirms the sales, the Court shall issue Final Confirmation Orders which shall set forth the information required by V.R.C.P. 80.1(k) and shall order distribution of sale proceeds to named persons in specified amounts in 7 00031026 tea 1222 PG: 347 accordance with V.R.C.P. 80.1 0)(1). If the Court confirms the sales, the Confirmation Orders shall constitute conclusive evidence as against all persons that the power was duly executed. When the purchase price has been paid in full and the Confirmation Orders recorded in the land records, transfer of title is effectuated pursuant to 12 V.S.A. § 4954(b). The Confirmation Orders shall further state that the public sales are confirmed and the titles are transferred subject to and without disturbing the right of the United States of America to redeem the property within 120 days of from the date of the transfer. 10. Deficiency Claim. Any motion for a deficiency judgment based on a claim in the Complaint shall be filed at the same time as the motion for confirmation pursuant to V.R.C.P. 80.1 0)(2); otherwise any claim for a deficiency judgment will be dismissed at the time of entry of the Confirmation Orders. 11. United States' Post -Sale Redemption Rights. In the event that the tax lien of the United States of America has not been fully satisfied from the proceeds of the sales of the Mortgaged Properties, the United States shall have 120 days from the date of transfer of title to the purchasers at the public sales in which to redeem the Mortgaged Properties. In the event that the purchasers at the public sales is the mortgagee/Plaintiff whose lien is being foreclosed, the United States of America shall be required to pay the purchasers the amount of the debt that has been extinguished by the sale. This amount shall be the lesser of (a) the mortgagee/Plaintiff's debt, or (b) the fair market value of the Mortgaged Properties. In the event that the purchasers at the public sales are not the mortgagee/Plaintiff, the United States shall be required to pay the purchasers the full amount that purchasers paid .for the Mortgaged Properties. Under either circumstance, the United States shall also pay interest at the rate of six percent (6%) from the date of the transfer to the date of redemption together with the amount, if any, equal to the excess 8 00031026 V: 1222 PG: 348 of (a) the actual expenses necessarily incurred in connection with the property, over (b) the income from such property plus (to the extent the property is used by the purchaser) a reasonable rental value of the property, all as provided for in 28 U.S.C. § 2410(d). In the case of redemption by the United States of America after the public sales, and upon application of the United States to this Court, this Court shall issue Modified Final Confirmation Orders to the United States of America. Such Modified Confirmation Orders, if applied for and issued by the Court, shall constitute conclusive evidence as against all persons that the United States' right of redemption was duly executed. When the redemption price has been paid in full and the Modified Final Confirmation Orders recorded in the land records, transfer of title to the United States is effectuated pursuant to 12 V.S.A. § 4954(b). If you wish to appeal this judgment, you must request permission to appeal by motion filed with the Court within ten (10) days of the date of entry of the judgment, not including that date or Saturdays, Sundays or legal holidays. DATED: April /3" 2014. ` on. Dennis 9;. Pearson , Presiding Judge Vermont Superior Court, Chittenden Unit, Civil Division Vermont Property Transfer Tax 32 V_S.A_ ChnP 231 —ACKNOWLEDGEMENT— RETURN REC T-TAX PAID BOARD OF HEALTH CERT. RECT. VT LAND USE & DEVELOPMENT PLANS ACT. CERT. REC T Return No. _________________________ Donna Y,inville City Clerk Date Jul 03r2014 00, �� ... l to b'A�q�tue CWY f f orig.1 4 amQ eppesc� on 1ti this of -C - 1658054-1 9 Page 1 of 2 ray From: John H. Klesch [JKlesch@firmspf.com] Sent: Tuesday, December 04, 2012 3:30 PM To: ray Cc: Amanda Lafferty; Paul Conner Subject: FW: Marcelino NOV - ATTY CLIENT Ray: Per Bob Roesler's note regarding vehicles, can you arrange and make another visit (next week?) to see what remains for vehicles and large equipment and make a simple list that we can use to verify whatever list we get from Mr. Marcelino and Bob Roesler. I have reviewed the definition of "junk yard" in the SBLDRs: "Junk yard. An establishment, place of business, lot, land, parcel, building or structure that is maintained or operated for the purpose of storing, keeping, processing, abandoning, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The latter is the presence of two (2) or more unregistered, inoperable motor vehicles." It is not enough that on -site motor vehicles be unregistered to constitute a "junk yard" use under this definition. Rather, "inoperable" is a separate requirement. So, if Mr. Marcelino can reasonably demonstrate that unregistered on -site vehicles are operable, then I believe the use cannot constitute a "junk yard" use. I suggest that if he can show the vehicles in question have been registered at some point in the last two years (which is an arbitrary time period of my own thinking, let me know what you/Paul think), that would be a reasonable test of operability. Alternatively I suppose he could actually start up the vehicles and operate them to prove they are not junk. As for large equipment which you suspect might be junk (i.e., inoperable and thus scrap metal), my thinking would be to ask him to show us that they are in fact presently operable either by starting them up or proving it some other way if he can. Once you are satisfied that vehicles/large equipment on -site is not "junk," then would I be correct in understanding that what Mr. Marcelino would need in order to continue outdoor parking/storing vehicles and large equipment for his business is site plan approval indicating the parking/storage areas? Best wishes, John John H. Klesch Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 Telephone: 802-660-2555 Fax: 802-660-2552 iklesch@firmspf.com Website: www.firmspf.com 12/5/2012 Page 2 of 2 From: Robert C. Roesler [mailto:broesler@pfclaw.com] Sent: Tuesday, December 04, 2012 9:21 AM To: John H. Klesch; Gregg H. Wilson Cc: Jim Foley; ray Subject: RE: Marcelino NOV John: The latest information as of yesterday was that the last trucks and trailers that are not useful will be gone by the end of the week. I do not have a list of what remains and the last time any of the vehicles were registered; I'll follow up to get that. In regard to the fill on the water line, my client will move it, but I will require, on his behalf, indemnification for any damage assuming that damage is not a result of his negligence. It is our position that not all of the fill came from Mr. Marcelino and further, we will need permission from the airport to work on its side of the line. With the weather staying relatively warm, I'll inquire about starting the removal this week. Gregg - what kind of indemnification will CWD provide? Bob From: John H. Klesch [mailto:JKlesch@firmspf.com] Sent: Monday, December 03, 2012 6:18 PM To: Robert C. Roesler Cc: Jim Foley; ray Subject: Marcelino NOV :.. Any word on a list of vehicles and registration history over last several years? Any other news regarding possible plans to address the fill over the water line? Regards, John John H. Klesch Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 Telephone: 802-660-2555 Fax:802-660-2552 Iklesch@firmspf.com Website: www.firmspf.com 12/5/2012 STITZEL, PAGE & FLETCHER, P.C. STEVEN F. STITZEL PATTI R. PAGE ROBERT E. FLETCHER JOSEPH S. McLEAN AMANDA S. E. LAFFERTY JOHN H. KLESCH DINA L. ATWOOD Jacalyn Fletcher, Manager Vermont Superior Court Environmental Division 2418 Airport Road, Suite 1 Barre, VT 05641-8701 ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) FAX (802 660-2552) W W W. FIRMSPF.COM JKLESCH@FIRMSPF.COM December 4, 2012 DAVID W. RUGH* ERIC G. DERRY** DIANE M. SHERMAN *(ALSO ADMITTED IN MD) **(ALSO ADMITTED IN NH) Re: City of South Burlington v. Alan M.E. Marcelino, Alan Palmer and Christine Palmer Docket No. 36-3-12 Vtec Dear Jacalyn: I write to advise the Court as to the status of the parties' ongoing effort to resolve the case. The property owners/Defendants have taken steps to cure the existing violations alleged in the NOV, but further tasks are underway which the City deems necessary prior to the violation being fully cured. The City continues its willingness to forbear at this time from insisting on an answer to the enforcement complaint and asks the Court to allow the parties another forty-five days to continue to pursue out -of -court resolution before requiring a further update or an answer from the Defendants. tin erely, John H. Klesch cc: Robert Roesler, Esq. James Foley, Esq. Ray Belair, Administrative Officer SON12-066 (Marcelino) JHK Itr to Court.cormpd James Fay From: Robert C. Roesler <broesler@pfclaw.com> Sent: Wednesday, February 13, 2013 3:11 PM To: ghw@essexvtlaw.com; JKlesch@firmspf.com; jim@foleylawvt.com Cc: James Fay; Paul Tice; Richard Pratt Subject: RE: Marcelino report Greg: As I have indicated in the past, Alan Marcelino is more than willing to cooperate, but he and I do not see any evidence that he or his company are responsible for the extra fill. Yes, by his own admission, he did cover a portion of the pipe when erosion uncovered it, but all the extra depth is not his doing. I agree with Jim Foley that this issue is outside the South Burlington NOV litigation. My client and I would be willing to sit down with CWD to try to arrive at a mutually agreeable solution, but I cannot advise him to accept all the time and cost of remediation. John, I suggest we finish up the NOV matter and leave the fill issue to CWD and Marcelino. Let me know if this is acceptable. Bob From: ghw@essexvtlaw.com [mailto:4hw0essexvtlaw.com] Sent: Wednesday, February 13, 2013 11:22 AM To: Robert C. Roesler; YleschC&firmspf.com; iim@foleylawvt.com Cc: jimf0cwd-h2o.org; Paul Tice; Dick Pratt Subject: Fwd: Marcelino report I U all, I am providing to all of you the responses that were generated after I forwarded to CWD the emails you sent me last week. Gregg Wilson -----Original Message ----- From: James Fay [mailto:limfa cwd-h2o.org] Sent: Monday, February 11, 2013 05:41 PM To: 'Gregg Wilson' Cc: 'Paul Tice', 'Richard Pratt' Subject: Fw: Marcelino report Hi Gregg - I'm home reading this but this letter report certainly seems to contradict Bob R's statements, as well as Marcelino's. What do you need from us to respond and copy SB that CWD is not willing to agree to anything until Marcelino returns the easement area to the original 1972 grade line over our 24" waterline, Jim Sent from my Verizon Wireless BlackBerry From: "Jeremy Matosky, P.E." <Jeremy.MatoskyCa)tcevt.coin> Date: Mon, 11 Feb 2013 17:01:42 -0500 To: Paul Tice<L>ault@ cwd-h2o.urg> Cc: Richard Pratt<dickp@cwd-h2o.urg>; James Fay<jimf@cwd-h2o.org>; Alan Palmer< ),i1mci ����Ir<In_�ltdC� �n�,1il.coin>; Marcelino Akstamaverl @aol.com> Subject: RE: Marcelino report July 20, 2012e Alan Palmer 5576 Dorset Street Shelburne, VT 05482 Subject: Marshall Tire Property, 25 Palmer Heights, South Burlington Project # 2012080-1 Dear Alan: At your request I visited the property with you on January 16, 2013 to observe the area along the northern boundary of your property at 25 Palmer Heights aka Marshall Tire, where a Champlain Water District (CWD) 24 inch water transmission line follows the property line. In this area, the CWD line is located on the adjacent property owned by the Burlington International Airport, in a 20' wide easement, directly adjacent to your northern property line. Photo taken looking southwest — in vicinity of CWD Water Line at Station 15+00 It is my understanding that this area, also identified as Station 14+00 - Station 17+93 on the Krebs and Lansing (K&L) plan entitled, Existing Conditions, Champlain Water District, Sheet C 1, dated 6/30/ 1 1 (attached), has been modified over the years by Alan Marcelino & Co. (AMC). AMC owns the land at 20 Palmer Heights and leased this portion of your property for many years for equipment storage. On my site visit it was evident that the surface of the equipment storage area had been recently graded with mechanical earth moving equipment. Based on my discussions with you and Alan Marcelino, and as shown on the K&L plan, it appears when the water line was installed this area in the 1970's the existing grade was different than it is today along the centerline of the pipe. Within the area in question, on the K&L plan between 14+00 and 17+93, the 1972 grade varies from the 2011 grades. Mr. Marcelino recalled that many years ago, the area had eroded over the pipe and he graded over the pipe again with on - site soils. He indicated that stormwater runoff had caused some erosion in the vicinity of the CWD pipe, exposed it in some cases, and the soils were highly erodible in this area. He thought this earth work occurred more than 10 years ago. TRUDELL CONSULTING ENGINEERS 478 BLAIR PARK ROAD, WILLISTON, VT 05495 1 802.879.6331 1 WWW.TCEVT.COM Page 2 of 3 Alan Palmer January 24, 2013 The K&L Plan compared the existing grade profile of the grade in June 2011 to the 1972 plan grades provided by CWD on a plan by Paulsen Associates. TCE has not verified the accuracy of the pipe depth shown nor the translated Paulsen grades from 1972. TCE did do a survey to verify the 2011 grades shown are reasonably accurate. We also compared the differences in grades between 1972 and 2011 as shown on the K&L profile, Sheet C2, which are tabulated below: 1400 307.9 316.9 9.0 315.9 8.0 -1.0 1450 306.3 311.3 5.0 310.3 4.0 -1.0 1500 305.1 310.1 5.0 309.1 4.0 -1.0 1550 298.5 303.5 5.0 310.0 11.5 6.5 1600 284.2 292.7 8.5 305.2 21.0 12.5 1650 270.1 275.6 5.5 283.6 13.5 8.0 1700 255.1 260.1 5.0 266.6 11.5 6.5 1750 251.0 257.5 6.5 256.3 5.3 -1.2 1793 250.8 255.8 5.0 253.3 2.5 -2.5 Area on airport property'' Based on my limited research and that is experiencing site observation, it does not appear that any excess fill or erosion cover over the water main, which is reported by K&L as up to 12.5 feet more than in 1972, could have been deposited by upstream erosion or natural sedimentation from the Marshall Tire Property. There is evidence that the soils in r` this area are easily erodible and that natural gullying is occurring •' ; �__" elsewhere. There is a large gully on the airport property, about 200 TRUDELL CONSULTING ENGINEERS 478 BLAIR PARK ROAD, WILLISTON, VT 05495 1 802.879.6331 1 WWW.TCEVT.COM Page 3of3 Alan Palmer January 24, 2013 feet north of the CWD line. Looking at the area upstream of the waterline on the Marshall Property, which is wooded, there is no evidence of similar erosion occurring that could have transported enough sediment to cover the pipe with up to 12.5 feet of additional earth. In conjunction with the pending boundary line adjustment being sought between you and Mr. Marcelino, we are currently working with Mr. Marcelino to address the issue of excess fill over the was placed over the water line. We will be coordinating with CWD to determine what the acceptable grades are over the existing pipe, and if necessary develop a remedial grading plan. Any additional site work, if needed, will include temporary and permanent erosion controls to insure the water line is adequately protected from future erosion. Should you have any questions, please do not hesitate to contact me directly. Re rds, JereMy,Matosky, P.E. President cc: Alan Marcelino Enclosed: C1 and C2 by Krebs and Lansing, dated 6/30/1 1 TRUDELL CONSULTING ENGINEERS 478 BLAIR PARK ROAD, WILLISTON, VT 05495 1 802.879.6331 1 WWW.TCEVT.COM v ` ---- -- ` ' ~ ----�� \ ` � --' ---- --^`-` ! - .� ---- - --- - ~' -- - ^c�� -- -- < ` - _ Items remaining on Palmer/Marceline parcel all off road or vehicles parked and waiting for projects usally are not registered. 1 model 6500 ford tractor backhoe ,waiting for replacement hydraulic oil cooler 1 cedar rapids jaw crusher primary crusher 1 jeffreys hammer mill secondary crusher 1 allis chamners apneratnr set 3 pieces listed above ,crushing equipment waiting for project to go on 1 Bros vibratory soil compactor parked for winter 3 45' dry storage vans containing inventory and spare parts 1 old jobsite office trailer being demo and legally disposed of i irigersoi Cariu staii0riary cerTipresser ,curreriuy rror resale 1 neal road shoulder widener ,stored or winter All of the above can be moved off site if necessary ,but are all useable equipment waiting for jobs to go on or special long lead time replacement parts STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) STEVEN F. STITZEL FAX (802 660-2552) PAT I R. PAGE WWW.FIRMSPF.COM ROBERT E. FLETCHER JKLESCH@FIRMSPF.COM JOSEPH S. McLEAN AMANDA S. E. LAFFERTY JOHN H. KLESCH DINA L. ATWOOD November 27, 2012 Ray Belair, Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Marcelino Dear Ray: DAVID W. RUGH' ERIC G. DERRY" DIANE M. SHERMAN `(ALSO ADNUTTED IN MD) **(ALSO ADMITTED IN NH) Enclosed are documents concerning the Champlain Water District pipe near Palmer Court. Sincerely, Enclosure SON12.065 (Marcelino).cor.wpd 07/14/2011 City of South Burlington Grand List 03:42 pm Parcel Report For Parcel: 1280-00015. PALMER ALAN D & CHRISTINE L Name PALMER ALAN D & CHRISTINE L 5576 DORSET ST SHELBURNE VT 05482 Location 911 15 PALMER HGTS Tax Map 29-014-000 Codes: (1) (Category)C (Equipment) (Owner)S Wood Crop Pasture Other Site Acres: 0.00 0.00 0.00 0.00 0.00 Real Land Building Equipment Values: 664,600 198,000 466,600 0 Homestead Veterans Farm Stab. L.U. Acres 0 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt 0 0.00 0 0.00 Housesite Special Exmp Grand List 0.00 0.00 6,646.00 Misc: Status: T Bill #: 55225 Updated: 06/14/2011 Last sale was: Invalid on / / for $0 recorded on 0/0 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150301000 (8) : N (9): 06/16/00 SPAN: 600-188-14767 Total 1.88 Page 1 of 1 ray Inventory 0 Land Use 0.00 Prev. Real 664,600 07/14/2011 City of South Burlington Grand List 03:55 pm Parcel Report For Parcel: 1280-00020. MARCELINO ALAN M E Name MARCELINO ALAN M E 548 CHURCH RD APT 101 COLCHESTER VT 05446 Location 911 20 PALMER COURT Tax Map 29-016-000 Codes: (1) (Category)C (Equipment) (Owner)S Wood Crop Pasture Other Site Acres: 0.00 0.00 0.00 0.00 0.00 Real Land Building Equipment Values: 449,600 219,000 230,600 0 Homestead Veterans Farm Stab. L.U. Acres 0 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt 0 0.00 0 0.00 Housesite Special Exmp Grand List 0.00 0.00 4,496.00 Misc: Status: T Bill #: 10605093 Updated: 06/14/2011 Last sale was: Invalid on / / for $0 recorded on 0/0 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150302000 (8) : N (9) : 06/28/00 SPAN: 600-188-13966 Page 1 of 1 ray Total 2.09 Inventory 0 Land Use 0.00 Prev. Real 449,600 August 18, 2011 Alan M.E. Marcelino 548 Church Road Apt. 101 Colchester, VT 05446 wll Re: Notice of Violation, 15 Palmer Court Dear Mr. Marcelino: r Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the property without a zoning permit and altered the grade of the property by adding more that 20 cubic yards of fill without a zoning permit. Without limiting the foregoing, the property is being used to store many unregistered and inoperable motor vehicles, construction equipment, piles of debris, scrap metals and 55 gallon drums. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: (1) Cease the unapproved use and (2) remove all fill materials placed on the property without a permit or obtain all approvals and permits needed to retain the fill material. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincerely, Raymond J. Belair Administrative Officer Encl. CC: John Klesh, Esq. Certified Mail Receipt # LAW OFFICES cNEII , LEDDY & SHEA1IAN A PROFESSIONAL CORPORATION JOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL JOHN T LEDDY NANCY GOSS SHEAHAN WILLIAM F. ELLIS SUSAN GILFILLAN JOSEPH A. FARNHAM KEVIN J. COYLE* KIMBERLEE J. STURTEVANT COLIN K. McNEIL (*ALSO ADMITTED IN N.Y.) August 9, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Alan Marcelino A. Marcelino & Co. 4050 Williston Rd # 414 South Burlington, VT 05403-6062 RE: Unpermitted Use of Airport Owned Property Dear Mr. Marcelino, 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 TELECOPIER (802) 863-1743 This firm represents the City of Burlington, Burlington International Airport ("Airport"). It has been brought to my attention that you and/or employees, agents and representatives of A. Marcelino & Co. are occupying/using property owned by Airport, without permission or authorization (i.e.; trespassing on Airport lands). On July 7, 2011 representatives from the Airport and the City of South Burlington inspected Airport property adjacent to your businesses and confirmed that the land was being used for purposes never approved by the Airport, and that activities occurring on the land appear to be in violation of (without limitation) South Burlington and State of Vermont regulations. Please know that should the Airport incur any costs whatsoever (including but not limited to attorney fees) and/or be assessed any criminal or civil penalties as a result of your actions/inactions, the Airport will hold you and/or employees, agents and representatives of A. Marcelino & Co. fully accountable, and will seek full reimbursement by any legal means available. Upon receipt of this letter and effective immediately you are hereby directed to cease and desist from any and all use of Airport property, for any purpose. All materials must be removed from Airport property by September 9, 2011, solely at your expense. This includes but is not limited to fill materials, potentially hazardous materials and containers, and equipment and scrap metal. If you need assistances with boundary identification, please let me know immediately. Mr. Alan Marcelino August 9, 2011 Page Two Proper disposal and/or recycling of all hazardous and non -hazardous materials from the Airport property will be solely at your expense, and must be properly documented and coordinated with State and Local authorities. In addition, the Airport requires that you provide a copy of any clean-up and disposal documentation for the site for our files. Please contact me directly, when this has been accomplished, so that we can confer and hopefully reach agreement as to the circumstances at that time. Please know that in addition to the reimbursement discussed above, if the clean-up and vacating of the Airport Land is not accomplished by 5:00 p.m. on September 9, 2011, the Airport will likely initiate legal proceedings intended to rectify the situation, said proceedings to include claims for money damages. Thank you for your assistance with this issue and we look forward to seeing this matter resolved quickly. Farnham, Esq. Leddy & Sheahan, P.C. JAFNh c: Heather Kendrew, PE, Director of Maintenance/Engineering/Environment, Robert McEwing, Interim Director of Aviation Gene Richards, Chair, Board of Airport Commissioners Kenneth Schatz, Esq., City Attorney Ray Belair, City of South Burlington Paul Connor, City of South Burlington 200030/61 LAW OFFICES OF KOLVOORD, OVERTON & WILSON, PC 3 MAIN STREET ESSEX JUNCTION, VERMONT 05452-3199 TELEPHONE: (802) 878-3346 FAX: (802) 879-0964 E-MAIL: kow@essexvtlaw.com www.essexvtlaw.com GREGG H. WILSON HERBERT J. DOWNING JASON F. RUWET• STACEY A. ADAMSKI NANCY M. GEISE `Also admitted in Washington, D.C. June 9, 2011 Mr. Alan Marcelino A. Marcelino and Company, Inc. P. O. Box 195 Williston, VT 05495 Re: Champlain Water District waterline easement Dear Mr. Marcelino: I am writing to you on behalf of Champlain Water District (CWD). PHILIP A. KOLVOORD Retired ALAN D.OVERTON Of Counsel CWD owns a 20-foot wide easement on property of the Vermont Air National Guard/Burlington International Airport, within which it has installed and maintains a 24-inch water transmission line. The CWD easement is located adjacent to the boundary line between the property of the airport, and property now or formerly belonging to J. R. and V. G. Ewing, in the City of South Burlington. The CWD easement is dated November 28, 1973, and recorded in Miscellaneous Book 109, Pages 457-461 of the South Burlington land records. During a recent inspection of the water line, CWD staff discovered that a substantial volume of construction debris, including paving materials, had been dumped down the bank above and over its water line from a location to the north of the Palmer Court cul-de-sac on property used and occupied by your company. CWD must have unobstructed access to its water line for inspection, maintenance, and repair at all times. The presence of the debris that has been dumped from your facilities over the water line significantly interferes with CWD's ability to have that access, and will not be tolerated. CWD is not aware that your company has ever received a state or local permit to allow solid waste disposal or to fill the Muddy Brook ravine, and is not aware that permission has ever been given by the Vermont Air Guard/International Airport over and upon whose property this material has been dumped. Mr. Alan Marcelino A. Marcelino and Company, Inc. June 13, 2011 Page 2 It is imperative that A. Marcelino and Company, Inc. take immediate action to remove the fill material from over the CWD water line, and over the area necessary for access to the water line. CWD will take whatever steps are necessary to enforce and protect its rights in this property. If CWD has not received a satisfactory response within two weeks of the date of this letter, including a detailed remediation schedule, CWD will initiate whatever legal action is necessary. I note from past correspondence that you were represented by Denise Clark of Rutland, so I am providing her with a copy of this letter. Sincerely, E:\ROBERTA\GHW\CWD\Marcelino\marcelino.itr. cc: James Fay, General Manager, Champlain Water District Paul Tice, Champlain Water District Richard Pratt, Champlain Water District Lt. Col. Adam T. Rice, Base Civil Engineer James Surwilo, Vermont Department of Environmental Conservation Justin Rabidoux, South Burlington Public Works Paul Conner, South Burlington Planning & Zoning Tom DiPietro, South Burlington Storm Water Services Denise A. Clark, Esq. south Plan Transmittal Form To: Fire Department/ Department of Public Works From: Ray Belair Date Transmitted: 04/23/15 Comments Due: May 8, 2015 Project Description/Meeting Date: Miscellaneous application #MS-15-02 of Alan Marcelino to alter the existing grade by adding 100 +/- cubic yards of fill to repair bank washout and create berm at top of bank, 20 Palmer Court. Other Notes: Meeting date is 5/19/15 ray From: Jennifer Desautels <Jennifer.Desautels@tcevt.com> Sent: Friday, June 05, 2015 11:45 AM To: ray Cc: Jeremy Matosky, P.E. Subject: Re: Marcelino Ray, We would like to withdraw our application for the Marcelino project. Please let me know if you need anything else. Thank you. Jenn On Jun 5, 2015, at 10:46 AM, "ray" <rav@sburl.com> wrote: Jenn, Since it does not appear that DRB approval is needed for the erosion remediation project, please send me an email requesting that it be withdrawn. Thanks. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. ray From: Tom Dipietro Sent: Tuesday, June 02, 2015 12:44 PM To: ray; Paul Conner; Justin Rabidoux Subject: RE: 03-114 Marcelino South Burlington Hi Ray, If I'm interpreting this correctly, it appears as if the area of erosion on the slope is not being worked. Instead, they are placing waste block and type 2 rip rap at the top of the eroding area to stop head cutting. In addition, they are installing a berm that will prevent water from reaching this location and causing further erosion. Please correct me if I'm mistaken on this interpretation of the plan. I'd recommend that the applicant provide an elevation for the southern end of the berm. Presumably this elevation will be higher than the elevation provided for the northern end of the berm (309.9). Also, I'd recommend that the DRB include a condition requiring the applicant to maintain the berm as shown on the site plan and detail. -Tom Thomas J. DiPietro Jr. Deputy Director Department of Public Works City of South Burlington Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: ray Sent: Monday, June 01, 2015 2:05 PM To: Paul Conner; Justin Rabidoux; Tom Dipietro Subject: FW: 03-114 Marcelino South Burlington FYI Guys. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainabilitV.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify its immediately by return email. Thank you for your cooperation. From: Jeremy Matosky, P.E.[mailto:Jeremy.Matosky@tcevt.com] Sent: Monday, June 01, 2015 1:33 PM To: Julie Foley (julie.foley@state.vt.us) Cc: Jennifer Desautels; Karina E. Dailey, PWS; Centofante, Tina; Paul Tice; Derick.Read@krebsandlansing.com; ahanaway@btv.aero; James Fay; Richard Pratt; starpaverl@aol.com; John H. Klesch (JKlesch@firmspf.com); Paul Conner; ray Subject: RE: 03-114 Marcelino South Burlington Hi Julie - Per our site meeting on 5/26/15 at the A. Marcelino & Co. Property at 20 Palmer Court, and adjacent BTV property, enclosed please find our EPSC Plan and Site Plan, as well as the K&L Plans for CWD work on BTV and AMCI lands. As we discussed in the field, the K&L design for fill removal associated with improved access to the Champlain Water District transmission water line does not impact any wetlands or associated buffer area. Likewise, the proposed berm and top of bank stabilization on the Marcelino property does not impact any wetland or buffer. The berm is proposed to capture runoff and promote infiltration and stormwater recharge while minimizing further erosion of the existing bank. To avoid a hearing tomorrow night, the City of South Burlington Planning and Zoning office has requested a letter (or email) from you stating the project concurring with our assessment with respect to avoiding wetlands and buffers with the project. As requested, I have attached a list of contacts for the parties involved with this project and cc'd them all here. Please let me know if you have any questions, or require any additional information. Jeremy From: Karina E. Dailey, PWS Sent: Thursday, May 21, 2015 3:58 PM To: Centofante, Tina; Julie Foley Uulie.foley(gbstate.vt.us) Cc: Jeremy Matosky, P.E.; Jennifer Desautels Subject: RE: 03-114 Marcelino South Burlington Great, see you then! Karina E. Dailey, P.W.S. Environmental Scientist e. Ka�zna. Drile�cr)t�evt.co�r p. 802.879.6331 / 10 f. 80?.879.0060 ' ��``d�`d- TRUDrLL li.V o I:Iivirortmlwtat Ncri ices Civil Engineering Land Surveying Landscape Architecture Environmental Services 478 Blair Park- Road, Id"'illislon, I 'er,-vont 05493 v,-.),-\v.tccvt.com ,A Please consider the environment before Printing this email I From: Centofante, Tina [mailto:Tina.Centofante(dstate.vt.us] Sent: Thursday, May 21, 2015 3:36 PM To: Karina E. Dailey, PWS Subject: RE: 03-114 Marcelino South Burlington Hi Karina, Julie and I can meet you at 130 pm next Tuesday. Thanks for checking in. Tina From: Karina E. Dailey, PWS[mailto:Karina.Dailey@tcevt.com] Sent: Thursday, May 21, 2015 1:20 PM To: Centofante, Tina; Foley, Julie Cc: Jeremy Matosky, P.E.; Jennifer Desautels Subject: RE: 03-114 Marcelino South Burlington Hi Tina, Do you have a time yet for this site visit? Karina E. Dailey, P.W.S. Environmental Scientist e. Karina.Dailey@tcevt.com p. 802.879.6331 x110 f. 802.879.00, 0 TRUDELL Civil Engineering Land Surveying Landscape Architecture Environmental Services 478 Blair Park Road, U,"illiston, 1,"ermont 05495 ww%v.tcevt.com ,j Please consider the environment before printing this email From: Centofante, Tina [mailto:Tina.CentofanteCcbstate.vt.us] Sent: Friday, May 08, 2015 1:57 PM To: Karina E. Dailey, PWS; Foley, Julie Cc: Jeremy Matosky, P.E. Subject: RE: 03-114 Marcelino South Burlington Hi Karina, I forgot to mention in my previous email that our next available day for a site visit that we can offer is Tuesday, May 26, in the afternoon. As the date gets a little closer I can confirm a time. Thank you, Tina 3 From: Karina E. Dailey, PWS[mailto:Karina.Dailey@tcevt.com] Sent: Friday, May 08, 2015 1:51 PM To: Centofante, Tina; Foley, Julie Cc: Jeremy Matosky, P.E. Subject: RE: 03-114 Marcelino South Burlington Hi Tina and Julie, Attached is a copy of the settlement agreement. How is removing fill that was placed in a wetland buffer not an allowed use as per 1272 order? The water line was installed in the 1970's. Please let us know at your earliest convenience when you are available for a site visit. Best, Karina E. Dailey, P.W.S. Environmental Scientist e. l�arlllCd. %�tltleti' CU iCBPI. o07Yd p. So�.879.6JJl.x'Il0 f 80 2.879.0060 Add'"-L°`` TRUDELL L;rrt rurjrrrerrdrl.i`�ra-i r 1 Civil Engineering Land Surveying Landscape Architecture Environmental Services 478 Blair Park Koad, 11"illiston, Vermont 07493 «tivw.teevt.coin ,,A Please consider the environment before printing this email From: Centofante, Tina[mailto:Tina.Centofante@state.vt.us] Sent: Friday, May 08, 2015 1:18 PM To: Karina E. Dailey, PWS Subject: RE: 03-114 Marcelino South Burlington Hi Karina, I talked to Julie about this project- we are going to need to do a site visit to better understand the proposal and determine if a wetland permit is needed. From first impression, it does not appear that it will all qualify as an Allowed Use, and is not likely that a 1272 order would be appropriate. Do you have more background history on this settlement agreement? Did AMCI fill the waterline corridor in the last 10 years? Knowing the details of the settlement and the landuse history would be very helpful. Because we need more information and a site visit, we will not be able to make a decision by May 15. Tina From: Centofante, Tina Sent: Thursday, May 07, 2015 8:32 AM To: Karina E. Dailey, PWS Subject: RE: 03-114 Marcelino South Burlington Hi Karina, 4 Thanks for the email. Since I'm still in training, I'll discuss this with Julie today since we'll be on site visits t6gether. I will get back to you shortly. Best, Tina Tina Centofante District Wetland Ecologist Vermont DEC, Wetlands Program 1 National Life Drive Montpelier, VT 05620 802-490-6202 tina.centofante2,state.vt.us Sent from my smartphone. -------- Original message -------- From: "Karina E. Dailey, PWS" <Karina.Daileygtcevt.com> Date: 05/05/2015 4:06 PM (GMT-05:00) To: "Centofante, Tina" <Tina. CentofanteAstate. vt.us> Cc: "Lapierre, Laura" <Laura.LapierreAstate.vt.us>, Jennifer Desautels <Jennifer.DesautelsAtcevt.com>, "Jeremy Matosky, P.E." <Jeremy. Matoskygtcevt. com> Subject: 03-114 Marcelino South Burlington Hi Tina, On behalf of our client, Alan Marcelino & Co. we are requesting your review and support for proposed construction in a wetland buffer to commence as soon as possible pursuant to a recent Settlement Agreement between, the City of Burlington, City of South Burlington, Champlain Water District, and Alan Marcelino & Co. The proposed construction involves removing previously placed fill (placed within the last 10 years) to allow for improved access to Champlain Water District's (CWD) transmission water main corridor, which is located on the common boundary between the Burlington International Airport and AMCI property in the area shown on the attached plan (C5-01). The construction involves excavation, and then the installation of permanent erosion control measures around the CWD water main. Some additional bank stabilization is also proposed behind the AMCI building to repair an eroded portion of the bank. I conducted a preliminary wetlands assessment in late April of this year and these boundaries and an associated 50ft Class Two wetland buffer was added to TCE's design plans. Based on my initial assessment of the wetland boundary, approximately 6,000 sf, of wetlands buffer will be impacted by the proposed design. Approximately 1,900 sf of impact is proposed on the AMCI property and approximately 4,000 sf within the waterline corridor. The later we believe may qualify as a Section 6.08 Allowed Use under the Vermont Wetland Rules. The buffer impact is necessary to restore the eroded bank and allow CWD access to their water main for maintenance purposes. The proposed work is intended to begin by May 15, 2015 or at the earliest possible date. Silt fence, and other temporary erosion control measures, including slope benching, and temporary stone check dams, will be utilized to deter further siltation within the Class Two wetland and Muddy Brook. Please let us know if all of this work can be issued as an allowed use as per Section 6.08 or some could fall under a Section 1272 Order, or other? We look forward to your review and response to this project. Best, C� Karina E. Dailey, P.W.S. Environmental Scientist e. Karina.Dailey@tcevt.cona p. 802.879.6331 x110 f. 802.879.0060 TRUC}EL1. Civil Engineering Land Surveying Landscape Architecture Environmental Services 478 Blair Park Road, Williston, Vermont 0349.5 wtivw.tcevt.com `,A Please consider the environment before printing this email ray From: Tom Dipietro Sent: Monday, May 18, 2015 11:52 AM To: Temp Planner Cc: ray Subject: RE: 03-114 Marcelino Ray and Dan, I spoke to the project engineer regarding this project. There appear to be two projects occurring simultaneously on this site. The projects are being overseen by separate engineering firms: A project to remove fill from above a CWD water line is being coordinated by Krebs and Lansing and a project to repair an existing erosion issue is being handled by Trudell Consulting. These projects need to be coordinated to ensure that the outcome of each (individually or together) will not lead to erosion problems in the future. In order to ensure this I would recommend the following: o These two projects be shown on the same site plan so that they can be viewed in light of each other. If this is not possible, I'd recommend that engineers from both firms confirm that they have reviewed plans from the other project and that they are not in conflict. o Engineers from both firms must confirm how surface water moving across the site will be conveyed after the proposed projects are completed. They should also confirm that they believe this water will not result in future erosion issues. o The phasing of the projects must be discussed/determined. Will the CWD project occur first, or will the erosion repair project occur first? This will have impacts for construction and the prevention of construction phase erosion control issues. o Confirm that the soils on -site are capable of infiltrating any water held behind the proposed 3' tall berm. If the soils are not capable of infiltrating runoff it could lead to unintentional / long term ponding of water. Thank you for the opportunity to comment. -Tom Thomas J. DiPietro Jr. Deputy Director Department of Public Works City of South Burlington Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Tom Dipietro Sent: Friday, May 15, 2015 10:49 AM To: Temp Planner Cc: ray Subject: RE: 03-114 Marcelino Gentlemen, I received Jen's email on 5/13, Ray's email on 5/13, Dan's email on 5/14, and Dan's phone message on 5/15 related to this project. As always, I will review and respond as soon as I am able. I have been busy on other projects and meeting other deadlines, so I was not able to respond within the last 46 hours. After a cursory review of Jen's response, and in light of this new information, it appears that I will need to take another look at the plan in order to provide a response. We don't have a copy of this plan in our office, nor do we have ready access to a digital version. Therefore, I will plan to stop by P&Z later today to review the plan and provide a response. -Torn Thomas J. Di Pietro Jr. Deputy Director Department of Public Works City of South Burlington Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Temp Planner Sent: Thursday, May 14, 2015 3:07 PM To: Tom Dipietro Cc: ray Subject: RE: 03-114 Marcelino Tom: where you okay with her responses in RED below? thanks, Dan Dan Albrecht, Planner Temporary Assignment cell 802-324-4642 From: ray Sent: Wednesday, May 13, 2015 12:58 PM To: Temp Planner Subject: FW: 03-114 Marcelino Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email Thank you for your cooperation. r From: Jennifer Desautels[mailto:Jennifer.Desautels@tcevt.com] Sent: Wednesday, May 13, 2015 12:39 PM To: ray Cc: Tom Dipietro; Paul Conner Subject: RE: 03-114 Marcelino Hi Ray, Thanks for sending me Tom's comments. I've responded below. Please let me know if there are any further questions. Paul, Do you need any application changes from me based on the outcome of the May 4t' meeting at our office? Thanks. Jenn Jennifer A. Desautels, P.E. Project Engineer e. ienn. dexaute1sgtcevt. com p. S02179.6331 x109 S02.370.4270 L.`' E TRUDLL '� to COI)SUtlingEngireers Civil Engineering Land Surveying Landfcape Architecture Environmental Services 47S Blair Park Road, lV llii'ton, l/ermont 05495 wvvvv.tccvt.com ` Please consider the environment before printing this email From: ray [mailto:ray@sburl.com] Sent: Thursday, May 07, 2015 12:36 PM To: Jennifer Desautels Subject: FW: 03-114 Marcelino Jenn, See comments below. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made 3 h � confidential bylaw. If you have received this message in error, please notify us immediately by return entail. Thank you for your cooperation. From: Tom Dipietro Sent: Thursday, May 07, 2015 11:48 AM To: ray Subject: RE: 03-114 Marcelino Hi Ray, My comments: 1. There is no note indicating that the diversion berm will be removed at the end of construction. My assumption is that it will be installed to keep water from flowing to the area being worked, and then removed. If this is correct I'd like it noted/confirmed on the plans. The berm is intended to be permanent. The new design accounts for the water that falls on Marcelino's yard area, staying on Marcelino's yard and infiltrating. Offsite drainage will pass through the site via the Swale shown on the CWD Krebs & Lansing plan, which is not part of our application. 2. There is a note on the plans indicating that a wetland assessment still needs to be completed. The project proposes impacts to the wetland buffer shown for the "wetland preliminary assessment". What permitting, if any, is required by the State wetlands division for this work? When will the actual delineation be completed? We could not complete the wetlands delineation before the start of the growing season this year. TCE has scheduled an on -site meeting with the State Wetlands staff on May 261h. Our delineation will be completed before the on -site meeting. We will not know the extent of the wetlands permitting until our Environmental Scientist meets with the State Wetlands staff to confirm our delineation and get a determination from them on exactly what will be required. 3. 1 assume that this project is only proposing to impact the area inside the erosion control repair limits. However, there is a note regarding "CWD Fill Removal Area". Is this work proposed as part of the application? I had previously assumed it was not. However, if it is part of this work it will need some erosion control measures as well. The application that we have submitted is only for the area inside the bold dotted line labeled "Limits of Marcelino Erosion Control Area." The "CWD Fill Removal Area" was designed by Krebs & Lansing on behalf of CWD, and Trudell Consulting has not be involved with that work. It is my understanding that this work was approved as part of the settlement agreement between the City/Airport/CWD/Marceline. I've attached the Krebs & Lansing plans that we received from Derick Read at Krebs & Lansing, which show erosion control measures. Paul & Ray may be able to weigh in better than I can on the CWD/Krebs & Lansing plans. oN"11 Thomas J. DiPietro Jr. Deputy Director Department of Public Works City of South Burlington Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. if you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: ray Sent: Wednesday, May 06, 2015 12:34 PM To: Tom Dipietro Subject: FW: 03-114 Marcelino 4 Tom, Please review these changes. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Jennifer Desautels[mailto:Jennifer.Desautels@tcevt.com] Sent: Wednesday, May 06, 2015 10:18 AM To: ray Subject: 03-114 Marcelino Hi Ray, We made a very minor change to the Marcelino Erosion Plan (attached). We originally had shown erosion control blanket to stabilize the bank in the wash out area, but we have switched to heavy duty rip rap to stabilize the bank since the area is so steep. I don't think this should change Tom's comments, but I wanted to make sure to get you revised copies. Someone from our office will drop off new copies of these plans today. Please let me know if you have any questions. Thanks. Jenn Jennifer A. Desautels, P.E. Project Engineer e. ienn.desautelsktcevt.com P. S02.879.r,331 x 109 c. 802. 370.4270 'A* TRUDELL Civil Engineering Land Surveying Landscape Architecture Environmental Services 4'8 Blair Park Road, R"illiston, Verr)ront 05=195 Nx,1vtiv.tcevt.com `. Please consider the environment before printing this email ray From: Jennifer Desautels <Jennifer.Desautels@tcevt.com> Sent: Friday, May 15, 2015 2:47 PM To: ray Subject: Marcelino Hi Ray, We'd like to postpone our hearing for the Marcelino property until June 2nd. Thank you. Jenn RE: Marcelino, Palmer Court ( https://mail2.sburl.4 'owa/?ae=Item&t=IPM.Note&id=RgAAAAB... RE: Marcelino, Palmer Court Jennifer Desautels [Jennifer. Desautels@tcevt.com] Sent:Wednesday, May 13, 2015 11:58 AM To: Temp Planner Cc: ray Hi Dan, Thanks for calling to follow up. Your e-mail did end up in my spam folder by mistake. We do not plan on any physical work within the Overlay District. Thanks. Jenn Jennifer A. Desautels, P.E. Project Fli gineer e. jenn.desautels(.Dkevt.com p. 802.879.031 x109 c. 802.370.4270 Add L141. TRUDELL (:'onserlting Eiigiweers Civil Engineering Land Surveying Landscape Architecture Environmental Services 478 Blair Park Road, Williston, Vermont 05495 www.tcevt.com ,,A Please consider- the environment before printing this email From: Temp Planner [mailto:temp.planner@sburl.com] Sent: Tuesday, May 12, 2015 11:05 AM To: Jennifer Desautels Cc: ray Subject: Marcelino, Palmer Court HiJenn: I see the silt fence crosses the SWP Overlay District. Will any physical work or regrading take place within the Overlay District itself? Thanks, Dan Dan Albrecht, Planner Temporary Assignment 1 of 2 5/14/2015 2:29 PM RE: Marcelino, Palmer Court https://mail2.sburl.cir/owa/?ae=Item&t=IPM.Note&id=RgAAAAB... cell 802-324-4642 2 of 2 5/14/2015 2:29 PM ray From: Jennifer Desautels <Jennifer.Desautels@tcevt.com> Sent: Wednesday, May 13, 2015 12:39 PM To: ray Cc: Tom Dipietro; Paul Conner Subject: RE: 03-114 Marcelino Attachments: K&L (CD-1).pdf; K&L (CD-2).pdf; K&L (C2).pdf Hi Ray, Thanks for sending me Tom's comments. I've responded below. Please let me know if there are any further questions. Paul, Do you need any application changes from me based on the outcome of the May 4th meeting at our office? Thanks. Jenn Jennifer A. Desautels, P.E. Project Engineer e. ienn.desaulelr(�tcevt.com p.V 802.879.63.31 ti 109 802.370.4270 TRUDELL eousulliug liugiurers Civil Engineering Land Surveying Landscape flrchitecture Environmental Services 47S Blair I)al-k Road, Villislon, I "ermonl 05495 vv-,vxv.tcevt.com `. Please consider the environment before printing this email From: ray [mailto:ray@sburl.com] Sent: Thursday, May 07, 2015 12:36 PM To: Jennifer Desautels Subject: FW: 03-114 Marcelino Jenn, See comments below. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com 1 www.sbpathtosustainabiIity.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected b y any person upon request, unless otherwise made confidential by law. if you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Tom Dipietro Sent: Thursday, May 07, 2015 11:48 AM To: ray Subject: RE: 03-114 Marcelino Hi Ray, My comments: 1. There is no note indicating that the diversion berm will be removed at the end of construction. My assumption is that it will be installed to keep water from flowing to the area being worked, and then removed. If this is correct I'd like it noted/confirmed on the plans. The berm is intended to be permanent. The new design accounts for the water that falls on Marcelino's yard area, staying on Marcelino's yard and infiltrating. Offsite drainage will pass through the site via the Swale shown on the CWD Krebs & Lansing plan, which is not part of our application. 2. There is a note on the plans indicating that a wetland assessment still needs to be completed. The project proposes impacts to the wetland buffer shown for the "wetland preliminary assessment". What permitting, if any, is required by the State wetlands division for this work? When will the actual delineation be completed? We could not complete the wetlands delineation before the start of the growing season this year. TCE has scheduled an on -site meeting with the State Wetlands staff on May 26t''. Our delineation will be completed before the on -site meeting. We will not know the extent of the wetlands permitting until our Environmental Scientist meets with the State Wetlands staff to confirm our delineation and get a determination from them on exactly what will be required. 3. 1 assume that this project is only proposing to impact the area inside the erosion control repair limits. However, there is a note regarding "CWD Fill Removal Area". Is this work proposed as part of the application? I had previously assumed it was not. However, if it is part of this work it will need some erosion control measures as well. The application that we have submitted is only for the area inside the bold dotted line labeled "Limits of Marcelino Erosion Control Area." The "CWD Fill Removal Area" was designed by Krebs & Lansing on behalf of CWD, and Trudell Consulting has not be involved with that work. It is my understanding that this work was approved as part of the settlement agreement between the City/Airport/CWD/Marcelino. I've attached the Krebs & Lansing plans that we received from Derick Read at Krebs & Lansing, which show erosion control measures. Paul & Ray may be able to weigh in better than I can on the CWD/Krebs & Lansing plans. -Tom Thomas J. DiPietro Jr. Deputy Director Department of Public Works City of South Burlington Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: ray Sent: Wednesday, May 06, 2015 12:34 PM To: Tom Dipietro Subject: FW: 03-114 Marcelino Tom, Please review these changes. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainabilitv.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. /f you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Jennifer Desautels [mailto:lennifer.Desautels@tcevt.com] Sent: Wednesday, May 06, 2015 10:18 AM To: ray Subject: 03-114 Marcelino Hi Ray, We made a very minor change to the Marcelino Erosion Plan (attached). We originally had shown erosion control blanket to stabilize the bank in the wash out area, but we have switched to heavy duty rip rap to stabilize the bank since the area is so steep. I don't think this should change Tom's comments, but I wanted to make sure to get you revised copies. Someone from our office will drop off new copies of these plans today. Please let me know if you have any questions. Thanks. Jenn Jennifer A. Desautels, P.E. Project Engineer e. ienn.desautell2kevt.com p. 802.879.6331 x109 a 802.370.4270 �� TRUDELL %,s - Con.sulling t ng;nren 1 Civil Engineering Land Surveying Landscape Architecture Environmental Services 478 .Blair Park Road, Williston, Vermont 05495 www.tcevt.com APlease consider the environment before printing this email 3 ray From: Tom Dipietro Sent: Thursday, May 07, 2015 11:48 AM To: ray Subject: RE: 03-114 Marcelino Hi Ray, My comments: 1. There is no note indicating that the diversion berm will be removed at the end of construction. My assumption is that it will be installed to keep water from flowing to the area being worked, and then removed. If this is correct I'd like it noted/confirmed on the plans. 2. There is a note on the plans indicating that a wetland assessment still needs to be completed. The project proposes impacts to the wetland buffer shown for the "wetland preliminary assessment". What permitting, if any, is required by the State wetlands division for this work? When will the actual delineation be completed? 3. 1 assume that this project is only proposing to impact the area inside the erosion control repair limits. However, there is a note regarding "CWD Fill Removal Area". Is this work proposed as part of the application? I had previously assumed it was not. However, if it is part of this work it will need some erosion control measures as well. 15 7i Thomas J. Di Pietro Jr. Deputy Director Department of Public Works City of South Burlington Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. if you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: ray Sent: Wednesday, May 06, 2015 12:34 PM To: Tom Dipietro Subject: FW: 03-114 Marcelino Tom, Please review these changes. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburi.com 1 www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify its immediately by return email. Thank you for your cooperation. From: Jennifer Desautels[mailto:Jennifer.Desautels@tcevt.com] Sent: Wednesday, May 06, 2015 10:18 AM To: ray Subject: 03-114 Marcelino Hi Ray, We made a very minor change to the Marcelino Erosion Plan (attached). We originally had shown erosion control blanket to stabilize the bank in the wash out area, but we have switched to heavy duty rip rap to stabilize the bank since the area is so steep. I don't think this should change Tom's comments, but I wanted to make sure to get you revised copies. Someone from our office will drop off new copies of these plans today. Please let me know if you have any questions. Thanks. Jenn Jennifer A. Desautels, P.E. Project Engineer e. lenn. desautelxgteevt. com p. R02.879.0'331 .x109 c. S02. 3 70.42 70 # TRUDELL �rd cowalt u2liuiilicers Civil Engineering Land Surveying Landscape Architecture Environmental Services 478 Blau Park; -Road. If"illiston, T'ermont 0549.5 vvvvtiv.tcect.com 5A, Please consider the environment before printing this email CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 27th day of April , 2015 , a copy of the foregoing public notice for Miscellaneous App[type of application] # MS-15-02 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Alan Marcelino 548 Church Road. Apt. 101, Colchester, VT 05446 Alan & Christine Palmer 5576 Dorset St., Shelburne, VT 05482 Precourt Investment, Co. 215 Maple Leaf Ln, Shelburne, VT 05482 Neil & Diane Cone c/o Pec4050 Williston Road, South Burlington, VT 05403 Burlington International Aird 1200 Airport Drive #1, South Burlington, VT 05403 Shelburne Shipyard, Inc. P.O. Box 610, Shelburne, VT 05482 Henry Adams 207 Boyer Circle, Unit 30, Williston, VT 05495 Dated at Williston [town/city], Vermont, this 27th day of April 52015 Printed Name: Phone number and email: Signature: Date: Lindsay Jordan 802-879-6331 Lindsay Jordan 04-27-2015 Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 ray From: Justin Rabidoux Sent: Monday, April 27, 201S 2:01 PM To: ray Subject: Fwd: Comments on Alan Marcelino EPSC Plan Begin forwarded message: From: Tom Dipietro <tdipietro@sburl.com> Date: April 27, 2015 at 1:57:04 PM EDT To: Justin Rabidoux <irabidoux@sburl.com> Subject: Comments on Alan Marcelino EPSC Plan Justin, I reviewed the EPSC plan prepared for the Alan Marcelino project located at 20 Palmer Court, dated 4/2/15 with no updates. I would like to offer the following comments: 1. The applicant shall comply with Section 16 Construction and Erosion Control Standards of the City's Land Development Regulations. All erosion prevention and sediment control practices (i.e. silt fence, diversion berm) shall be maintained until the site reaches final stabilization. -Tom Thomas J. DiPietro Jr. Deputy Director Department of Public Works 104 Landfill Road South Burlington, VT 05403 Phone: (802) 658-7961 x108 Email: Tdipietro@sburl.com Web Site: www.sburl.com Twitter: @SBPubWorks Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. (f loin Well 911-1. southhurlington PLANNING & ZONING � Permit # 07JC - /� - (office use only) CONDITIONAL USE / VARIANCE / MISCELLANEOUS APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): Request for a conditional use Request for a variance Other 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone & fax #): Alm a rW i r�.o , t?. o• -5ox 195, W i l d s o r�, vT O 5 �} °t 5• a 3g3 2) LOCATION OF LAST RECORDED DEED (book & page #) Yb 1. 3113 % O 3) APPLICANT (name, mailing address, phone, fax #) 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax #, if different from above): a. Contact e-mail address: jQ rU) . cLe SG�.Ix4el -S l6%-� �/-�-, C�y�o -J . 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com No Text 5) PROJECT STREET ADDRESS: Q (D T )nneX CCLXJ( — t'�it ri ice. 7) PROJECT DESCRIPTION Project Description (describe what you are proposing): b. Existing Uses on Property (including description and size of each separate use): c. Proposed Uses on Property (include description and size of each new use and existing uses to remain):— t5 t 1'� ► �i. °mac' S —C ' Y } i 1CjT_ O 1 .��.. Y1 Cl +e IS, d. Total buildings uare footage on property (proposed buildings & existing building to remain): 17 ' O ,. t'V1li ih i^st t i 1 ri C�L7l . ' . i . S:- . s3nr-n t7+P 1 S e. Height of building & number of floc rs (proposed buildings and existing buildings to remain, specify if basement & mezzanine): " f. Number of residential Units (if applicable, new units & existing units to remain): g. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): jr) �! £'s q� h. Other (list any other information pertinent to this application not spee�rlcally requested above, please note if overlay districts are applicable): f V4EXA 34 *D `lam."" " Conditional Use / Variance /Miscellaneous Application Form, Rev. 12-2011 8) LOT COVERAGE a. Total parcel size: 1 � to , 3815 Sq. Ft./ 3, 63 Pr- b. Buildings: Existing is 71-8 Sq. Ft (-4, 5bd 1'Y,4 n bL`>l CU ' 5 Proposed K I C % / K3 C Sq. Ft. + OJA �'$ Sk," � c. Overall impervious coverage (building, parking, outside storage, etc) I C p Existing 31 1 % / 3 6 Sq. Ft. Proposed _N I C % / C- Sq. Ft. d. Front yard impervious coverage (building, parking, outside storage, etc) Existing !4 71. S % / 26 Sq. Ft. Proposed ► J ( L % / N ( G Sq. Ft. e. Total area to be disturbed during construction: 2-4 Sq. Ft. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES a. Building (including interior renovations): $ 0 b. Landscaping $ c. Other site improvements (please list with cost): oh Cjp► -,kTfli IJI-e.u.Sv-reS $ �� DOtg 10) ESTIMATED TRAFFIC: a. P.M. Peak hour for entire property (in and out): l r I e Y+ojj 11) PEAK HOURS OF OPERATION q Q , (111— "f .61. M . 12) PEAK DAYS OF OPERATION PAO LILU — �Y 13) ESTIMATED PROJECT COMPLETION DATE 1 ] I C2.0 to 14) PLANS AND FEE Plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (I V x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time 410 3 Conditional Use / Variance /Miscellaneous Application Form. Rev. 12-2011 ''1 of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT 111A W'<L 1 t ATURE OF PROPERTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: 40 I have reviewed this application and find it to be: [2<6MPLETE ❑ Incomplete Officer The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Conditional Use / Variance / Miscellaneous Application Form. Rev. 12-2011 C Jam~ �!O NOTES: I. THE PURPOSE OF THIS PLAN IS TO SHOW EROSION CONTROL MEASURES IN THE AREA INDICATED ON THIS PLAN 2. OWNER: ALAN M. E. MARCELINO P.O. BOX 195 WILLISTON. VERMONT D5495 3. ZONING DISTRICT: MIXED COMMERCIAL & INDUSTRIAL 4. A PRELIMINARY WETLAND ASSESSMENT WAS CONDUCTED ON 3/31 /2015 BY TRUDELL CONSULTING ENGINEERS. A FULL WETLANDS DELINEATION WILL NEED TO BE CONDUCTED ONCE THE GROWING SEASON BEGINS. ME M PECK ELECTRIC` ii4090 WILLISTON ROAD / p _ o = / 10' WATER EASEMENT FOP THE BENEFIT OF CNAMPLAIN A� WATER DISTRICT 0�CyQ�C7�,� CWD FILL REMOVAL AREA, FER TO SITE PLAN BY KRESS AELANS NG DATED 2/28/2015 i .. ............. .... \ LIMITS OF MARCELINO EROSION CONTROL AREA �'10 C( WETLAND `/� / / 0.FPG ER��\gt0.\ PRELIMINARY / ............................... /..� . / a'ry 8. E , ASSESSMENT j / [• 3 k SV CONSTRUCT BERM / PER DETAIL BLDG I1 A -- AREA TO BE REPAIRED BY J FILLING WITH CLEAN SAND OR GRAVEL FILL, COVERED �o BY 4" TOPSOIL, SEED B EROSION CONTROL ESPECIFIED ON D J' DETAL'TAIL SHEETS AEE a20 PALMER COURTALAJJ fll VOL. M. E. MARCELINOVOL. 315 PG.60 LOT A4 AREA = 3.83 ACRES ,194 11121 1fP { Yo tl20 PALMER COURT S ° ;•/ MARCELINO e� f SI AB Hf:VA LION- 316.o6' OQ / ((( / WETLAND /AA v PREESSA RI✓ /' / ASSSSME r� F O � /• //"C' LEGEND EROSIO.NCONIROIRIANRET PRELIMINARY WETLANDS ASSESSMENT A ..................... ARA. A EROSION CONTROL REPAIR LIMITS ---e--- BERM AI FENCE /tlR fRlfIe1G CONTWR SBA PROPOSED CONTOUR STREAM SEWER MAINS AND SERV ES ---o--- STORM DRAINAGE LIOIAD PROPANE OR NA WRAL GAS w — — UNDERGROUND POWER Graphic Scale h.E 30 0 30 60 10 120 ♦' -tce - ,%loop TRUDELL CONSULTING ENGINEERS nR BLAIR PARR ROAD I WIL— 6Nrt<ONNONT ayes Reyi— No. Description Dole BY Use of Tr— DraMnps . Unless oMemise—Irc, mesa Dl—1, are Intended Iw weliminory Plonning, coatlinorlon wlln Diner dddplinsy or NiAMes. antl/w approval ham Me rcgWatary ouMplNes. Iney are rot int—d as ceralruclian dawns Ili noted m,acn w mwkea approves ey a rcguptary aamwR,. 2, BY — of — mavnngs for coronu<tion of Me P i,,t. IM Owner rewesenls Thal Ii nave revewetl. opl—d, old occeptea 1. do wng,. om--all ne—or", nemkls. and lwve mel wen all aPbAr— p des/alaveres. dea bul lo, 1-1— 1ne Fon d th, A Elect IiNbepio are pr Wly owa ea dins but / t t oa + b la g a n Ivm n its. p Io ona pubkC uliklic, and o1Mr pol—I permits .. owner ona xcnl«I. we resoonPble for 1— —al and I' I builQngs inosvn nC UCN 1.sureaa rIlArl R IS)1-1 a—nd any LAI.tr. old wtlinatlna I filly nne<Ilons shown on Ihese pl ing th— plans Iw <anshu t' y the user ",.It conlacl ICE to ensure the ban c-1-1. most These DraMngl we speciR, to Me P,,ib t and arc not I nnslerabe. ws Imnummts nl sattite. These tlrawsnas, antl t R ereof. Iumishea by ICE we it,—Ne omperly. -IrplIt,l dr w mar Nbe made by ICE. If all —la Illy anon be bought to r r cE- d ry. U sp bllltrl a IN, cop, contans till sl cueenl l r,bions ll Ll— pease conlocl ICE. "r�. R\O `IIIII//III AP, rf e �e Jd YMRI Mac1 ALAN MARCELINO 20 Palmer Court South Burlington, VT EPSC Plan 1— anwls Scala. r = 3g Propct Number: 3110.TI I LN Pawn BY: P,W,IEnaklow: NPC AD Apwovetl BY: _ Fill CS-01 SEED MIX. MIX p 1. SEE SEEDING NORTH AMMICAN GREEN SI50BN SPECIFICATIONS. THIS SHEET EROSION CONTROL BLANKET. INSTALL MULCH APPLICATION RATE'. 1.5' THICK MIN. IN ACCORDANCE WITH MANUFACTURER DOCUMENTS ON TOP OF FPSC SEED MI% REQUIRED ON ALL SLOPES STEEPER THAN 3:1 AND FLATTER THAN 2:1 (RACK FINAL GRADED AREA PRIOR TO PLACEMENT OF SEED MULCH/MATTING STRAW MULCH FOR SLOPES 1sy,1,l r}- I' III EQUAL TO OR LESS STEEP .NTFs" MAN J:1 SEEDING DURING CONSTRUCTION NOTES. THE SEED MIX SPECIFIED BELOW B FOR ALL AREAS 1. SO It SURFACE AND FILL COMPONENTS MUST NOT THAT ARE STANTED TEMPORARILY PER THE$ DETAIL 8E FROZEN WHEN PLACED, DURING CONSTRUCTION, DR ALL AREAS WITH FINAL AND GRADE AND TOPSOIL ESTABLISHREFER TO THE 3. SLOPES STEEPER THAN Z:I MUST BE "FINAL SPECIFICATIONS FOR SEEDING MECHANICALLY STABILIZED WITH A RETAINING REQDREMENn STRUCTURE OR APPROPRIATE GEOTEXTILE As I. SEED ME: SPECIFIED BY ENGINEER). 301LRED FESCUE 30% ANNUAL RYEGRASS 3. STRAW MULCH a EROSION CONTROL BLANKET = PERENNIAL RYEGRAS3 CAN BE USED ON AREAS WITH SLOPES EQUAL TO 10%TALL FESCUE OR LESS STEEP THAN 3:1 ('or APPROVED EQIRVALENI) e. HAY MULCH SHALL CONSIST OF MOWED AND Z. APPITCAON RATE: PROPERLY CURED STEMS OF CEREAL GRAINS dtllb/acre (I.e 01,/1000 0.1 WHEAL. OATS. BUCKWHEAT, ETC,) REASONABLY FREE OF WEDS, TWIGS. MUM OR OTHER 3 MULCH APPLICAMIN RATE: IS THICK MINIMUM OBAC00NABLE MATERIAL. IT SHALL BE FREE FROM ROTOR MOLD AND SHALL M ACCEPTABLE TO ME 90-IIXI%COVERAGE ENGINEER. 5. BANKS,SWALESOROTHER GRADEDAREASTHAT HAVE BEEN WASHED OUT OR HAVE BECOME DAMAGED SHALL BE REPAIRED IMMEDIATELY. _ TYPICAL SOIL STABILIZATION DETAIL N.l.s. A' MIN. C MINUS RIPRAP LINING 11/2 T CRUSHED STDNE SILTY SAND OR CLAY COMPACTED CORE WRAPPED IN GEOIEXRLE FANUC r 11 �I CX. JA CUTOE TRENCH SANU OR CLAY FMICH EIHBN COMPACTED CORE GRADE PER PLAN ETLBTNG GROUND DIVERSION BERM IMIRAN ENNROFENCE, OR APPROVED EQUAL MAY BE SUBSTITUTED.) NOTE: EROSION CONTROL BLANKETS FILTER FABRIC, OR WOVEN SHALL BE INSTALLED PRIOR TO WIRE FABRIC GRDUNDFREEZNG TO E R ------ WIRE RE' FORCEMEM ROPER STALLKTION. F GROUND I WOODEN OR METAL STAKE FREEZES RIOR IOINSIALATION. THEN OTHER METHODS OF SIABILRMKON STEEP IN CHANNELS. ABLY NETTING SHALLOW LAY FROM BOTTOM UP W/ I OVERLAP (MAX. ID' O.C.) MAY HAVE 10 BE EMPLOYED SLOPE ICONTACI ENGINEER)IDI PARALLEL 10 THE DIRECTION FLOW SLOPE KEY IN AT TOP OF SLOPEMERM. - -- KEY FABRIC INTO GROUND 1-61 ONSHALL EgLI FLOW OFNETDNGMAYBAPPiIED ACROSSTHESLOPE. i f FlDW (ROPE$ UP TO I:I ) ON STEEP SLOPES, APPLY •.•'.'.I-�: '. :'. STRIPS OF NETT NO PARALLEL - CONSTRUCTION SPECIFICATON FOR SILT FENCE TO THE DIRECTION OF FLOW AND ANCHOR PER MANUFACTURER'S SPECTHCATONS, I. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS WIN WIRE (SLOPES GREATER THAN I:II TIES. WIRE FENCE REINFORCEMENT REQUIRED WITHIN 100 IT UPSLOPE OF RECEIVING WATERS. 3. HETERCLOIHTOBEFASTENEDSECUREYIOWOVEN WIRE FENCEWIIHTIFS SPACED EVERY 3!ST TOP AND MID SECTION. FENCE SHALL BE WOVEN WIRE, BRING NETTING TO A LEVEL AREA 6' MA%IAWM MESH OPENING. BEFORE TERMINATING INSTALLATION. 3. WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER IN" SHAD BE BERM ANCHOR AT SHOWN, OVERLAPPED BY SIX INCHES AND FOLDED. ALTER CLOTH SHALL BE EITHER WHERE THERE IS A BERM AT THE TOP 6 THE SLOPE. BRING I NETTING OVER THE BERM AND ANCHOR IT FILTER X. WRAF IWX, SIABILINKA T 1 — OR APPROVED EWIVAIENI. A RETABRICATD UNITS SHALL BE GEOFAB. ENVIROFENCE. OR APPROVED BEHIND THE BERM. 6' EQUNALENT. T 5. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED r WHEN SEDIMENT REACHED HALF Of FABRIC HEIGHT. USE EROSION CONTROL BLANKET SPECIFIED ON THE ERONON CONTROL PLAN. OR EQUAL. SILT FENCE _ EROSION CONTROL BLANKET (SLOPES & CHANN SEEDING MIX N I - URBAN AREAS (MOWED LAWN AREAS) %BYWEIGHT LBS./ACRE NAME PURE It GERM% eZ.S 36.0 CREEPING RED FESCUE 98 85 I D.0 No PERENNAL RYE GRASS 95 90 AZ.5 NO KENIUCKYRUEGRASS 85 85 S.D H.o ANNUAL RYE GRASS 95 85 SEEDING MIX R] RURAL AREAS(MEADOWS. UNOEVELOPD AREAS) %BYWHGHT LBS./ACRE NAME PURE% GERM% 36.A 30 CREEPING RED FESCUE 98 MS 36.4 Z0 IALLPESCUE 95 w 18.2 10 B IRDSFOOT TREFOIL 98 85 9.0 5 PERENNIAL RYEGRASS 95 85 I. THE SEED MIXTURE SHALL NOT HAVE A WEED CONTENT EXCEEDING 04M BY WEIGHT. AND SHALL BE FREE OF ALL NOXIOUS WEED SEED. Z. SEED TO BE APPLIED PER SEEDING FORMULAS AS DIRECTED BY ENGNEER. 3. FERTILIZER FORMULA S 10 ID TO BE USED WITH SEED. APPLIED AT THE RAZE OF FAO LB/ACRE. A AGRICULTURAL LIMESTONE TO BE APPLIED AT THE RAZE OF Z IONS/ACRE OR AS DIRECTED BY THE ENGWEER. 5. HAY MULCH TO BE EVENLY SPREAD AT THE RATE OF t IONS/ACRE OR AS DIRECTED BY THE ENGINEER. 6. TOPSOIL TO SE USED WITH SEED AS INDICATED ON THE PLANS OR AS DIRECTED BY THE ENGINEER, I. ALL RUNOFF DIVERSION MEASURES SHALL BE INSTALLED PRIOR 10 FINAL GRADING AND SEEDINGPREPARATION. B. COMPACTED AREAS OF EANH SHALL BE MECHANICALLY LOOSENED 10 PROVIDE AN ADEQ ATE ROOtING ZONE TO A MINIMUM DEPTH OF 12 INCHES. 9. SEEDED AREAS SHALL BE WATERED UNTIL VEGETATION IS ESTABLISHED WHEN ADEQUATE PRECIPITATION IS NOT AVAILABLE. SEEDING SPECIFICATIONS 11 EROSIgJANDME ENICONTROLMEAWRESSHAILBEMTALLEDRIORIO ANY EARTH MOVING OPERATIONS. 1) SRI FENCE PLACEMENT SHALL BE INSTALLED AS NOTED ON PLANS. SILT FENCES SHALL BE PLACED IMMEDIATELY DOWN STREAM (AND PARALLEL TO THE CONTOURS) OF ANY WORK INTENDED TO CAUSE GROUND DISTURBANCE. 3) PERIODICALLY SILT FENCES SHALL BE MNNTNND AND CLEANED UNTIL DISTURBED AREAS HAVE A HEALTHY STAND OF GRASS. H) CONTRACTOR AND/OR OWNER (OR APPOINTED DESIGNATE) SHALL INSPECT ALL EROSION CONTROL FEATURES AT LEAST ONCE PER WEEK AND AFTER ANY STORM EVENT GENERATING RUNOFF FROM THE SITE. 5) AFTER VEGETATION HAS BEEN FULLY ESTABLISHED. THE TEMPORARY EROSION CONTROL MEASURES SHALL BE REMOVED, 6) PROVIDE EROSION C ONIROL MATTING IN AREAS NOTED ON PLAN. Z) EXCAVATION AND NPE INSTALLATION SHALL BE AVOIDED DURING PERIODS OF BGNIRICANT PRECIPITATION. B) ALL SEDIMENT AND EROSION CONTROL PRACTICES AND VEGETATIVE STABIUZATON SHALL BE IN ACCORDANCE WITH THE LOW RISK SITE HANDBOOK FOR EROSION PREVENTION AND SEDIMENT CONTROL IANR SOON. EROSION CONTROL NOTES THE PRODUCTS LISTED BELOW TOR APPROVED EQUAL) ARE TO BE INSTALLED PER MANUFACIURERS SPECIFICATIONS AND IN THE LOCATIONS SPECIFIED ON THE PLANS AND PERMITS SILTFENCE. - Geofab. Enw fen or approved equal EROSION CONTROL BLANKET. - Nam Amencm Green SIM ON NOrM wmMcan Gean C350BN NaM Amenran Goen P550 FBR RO E N«M American Geen Sediment Tr GEOSYNTHETIC FABRIC: - Wrafi-5D% SILT BAG. Gonile Envranmenlal DewOlehg Bag. 15'25. Io- nomWoven EPSC PRODUCTS �Y -tc - ,%jw* TRUDELL CONSULTING ENGINEERS met m IloApI WILT STON. vRIWour oM9s Resa«c No Ueschplion 1O1c By Uu of Rase DIOwVIps I UrXea olhmwise rolee. Ihnzc DIOwnps ae nlentled Id aef nlror'I lo, n , co«tlin th wen form eB—,, a utNieF. ane/« apaorm eom ma repulaloN amhalTe:. Itey Ole not lnlantlee as conslru[Ilon e—Hos unless nobd Os s«h o, mahed approved by a reoulotoly 101hoity. Z. By use o1 tMse bavmgs 1« co —ction of the Ngect. the Osvnm rWrcsents Mot they have r VIl d, approved, mtl Occeptetl the do —MI obtd—all neceeny pmmih. Ono nave met — dl opplcobk pages/deepRlm. in<IubVj put not iFIRM 10. me Enpinem OM the NCNlect. sure tame dais ae poperly 10ddina1e0'nc-Ig. but ilea lo, oanlmot d--It. s Nicol , ownm/conlroclIX Oveemenls. b.Aenp one meclrore o pbns, prNOle Orltl pVp1c NARm. Kne oMm pmTnenl P—m lIX comhuctgn. 3. 0— one Archff,d Ore rcspo ,— FIX final —gl ane «anon of bIAk inpi mown. Wc4einp m arca rrWmaed o mmeml live (51 feel around ony puMenp antl codtlin - linol L"I" connection shown On These Plans. I. N1or to using I— dons tIX consnuclion loyoul, Me um sMN coot«t ICE to emve Me Don <ontOlm Me moil curets rcvNons. S, these DI—. are specllic Io Me No)ec one IXe not hdafmabM. M Yohumems of invite, Ihme aowlr— aM capim thercm. MniNetl by ICE —.,I — We pmpedy. CII«ges to me aawlnps ploy «Ny be need by TCE. It re Eiscovercd. I1.1 sbal be broUphl to Ind oHBITt- of ICE immeebtely. It n is the use.,.ewoniwtr to ensWa Ms tear conla:n me moll curcnt rcWsion. I unsure, pease contact ICE. NAKXE IofII VEp AA 'Qwl Pro-,T- ALAN MARCELINO Clay Point Rd./ Red Rock Rd. Colcherster. Vermont Erosion Details ,,,Ic aero9/zols _ SHOWN, Yawn By: RMP --. Protect Enpinem: T- Apaovetl 8y: Held Book. — C8-01 I Project Name: 2 (DO 3 1 1 u - -3 VER ISOR6FN L`.AL S Project Number: 2 0 U .3 1 1 q" 3 Scale g Sheet I of By �A Date 01 G Li LU 13 Checked By s Date Z; v N E ... ,..T Xz _ 25� .. _.._. A,= XZ x Z A, Xi -Xi A3- Xj. \/ z l r.=A,-AAr '/A A, -GZS ftT A,_too&-f+r Asy-4 `' f � i Z Z_So f+� /�7$M�f�►rr��ays . 1_. 5400E ZU' E A,S t: M F_N r -- - - 2 0 11 i 11v vv G- L 1 .. _ �NIa: To SIAL4., TPUDELL CONSULTING ENGINEERS 478 BLAIR PARK ROAD, WILLISTON, VT 05495 1 802.879.6331 1 WWW.TCEVT.COM { Project Name: 7,Cc3 It q 3 OVERGU+-'-PCAl Cr4Cl5 Project Number: 7 00 31 1 y 3 Scale 1 . .5 1 Sheet Z of By :� A Date �� 10x-1 2-0 Checked By Date TPUDELL CONSULTING ENGINEERS 478 BLAIR PARK ROAD, WILLISTON, VT 05495 1 802.879,6331 1 WWW.TCEVT.COM i Project Name: ZGy3 11 w 3 UvEAC,ua BEN CA' �s Project Number: 6700 -�. I I y - 3 Scale f " S Sheet 3 of By _'�> A Date C' 1 Z C'1 3' Checked By Date M 5' X - zo A ' • I z A, -A, tAe4A5 A. A, = Ar 3 �{ = 7-0 1 :�'. 75 f{' b� z be(,d 5C 0 J'r IPt�M = 9`3 H 3 . 3 Fra TPUDELL CONSULTING ENGINEERS 478 BLAIR PARK ROAD, WILLISTON, VT 05495 1 802,879.6331 1 WWW.TCEVT.COM v = 4+3 82 d 3 F T6'rPri- es e �4+ rv`a d l I more- -�' be- bro tI I h-4 n +o b-c r�ov� 9 K>$L p l a w a.S o ri I MJMI�� 6rov9[ �n � ©' Z (--� i� 4 .w•� ti�� r� �.i�� ♦µtwin kkkvc e � 1' no zoNe i Zave L 1 i 5 Soo ._ _ 1 To 1700 YI u *WA"A m v n6-1 �iL�oL I- south . PLANNING & ZONING October 7, 2013 Alan D. Palmer 5576 Dorset Street Shelburne, VT 05482 Re: Final Plat Approval #SD-13-26 — 25 Palmer Court Dear Mr. Palmer: Enclosed, please find a copy of the Findings of Fact and Decision of the Development Review Board on the above referenced project, the hearing for which was closed on September 17, 2013 (effective 10/04/13). Please note the conditions of approval, including that the final plat plan must be recorded in the land records (in mylar format) within 180 days (must be submitted to me in time for recording along with a $15 recording fee on April 2, 2014) or this approval is null and void. If you have any questions, please contact me. Sin rely, am nd 1. Belair Administrative Officer Encl. CERTIFIED MAIL- RETURN RECEIPT: 7010 0290 0000 2215 5679 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com south u :fington PLANNING & ZONING Permit Number SD - (office use only) APPLICATION FOR SUBDIVISION PLAT REVIEW j 9 ❑ Preliminary inal PUD Being Requested? ❑ Yes ❑ No All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) Off' RECORD (Nr me(s) as shown , mailing address, phone and fax #) Pei 1^n�sY�6m �� 1. (I mr 1 .m 2. LOCATION OF LAST RECORDED DEED Book and page #)Vol Dq85L 3. APPLICANT (Name, Tailing address, phone and fax#) J 4. CONTACT PERSONt(Name, mailing address, phone and fax #) a. Contact email address: P�Ivt � �, n 1.11 `-N- ,p — 5. PROJECT STREET ADDRESS: �(-Ar4l"'-) 40, -b 6. TAX PARCEL ID # (can be obtained at Assessor's Office) " )�� — M 1 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 7. PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): yt��',►y�r►na � 1j� L, 1 ► �"a�v.�J' y1��► b. Existing Uses on Property (including description and size of c. Proposed Uses on remain): rj description,and size of each new use and existing uses to d. Total building square footage on property (proposed buildings and existing buildings to remain): 6 b—', ft e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine), l" , , -\ f. Number of residential units (if applicable, new units and existing units to remain): g. Number of employees (existing and proposed, ote offic versus non, ffice employees): riijcl c h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. 2 Subdivision Application Form. Rev. 12-2011 8. LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a. Size of Parcel: , (acres /sq. ft.) b. Building Coverage: Existing square feet T % Proposed square feet �_ % c. Overall Coverage (building, parking, outside storage, etc): Existing square feet_ % Proposed square feet 11,E % d. Front Yard Coverage(s) (commercial projects only): , L Existing square feet % vi►rY ��� Proposed square feet %� ^A Les 9. WETLAND INFORMATION a. Are there any wetlands (Class I, II, or III) on the subject property? ❑ Yes Y No b. If yes, is the proposed development encroaching into any of these wetlands associated 50' buffers (describe) c. If yes, please submit the following with this application: A site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's wetland map. 2. Response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria) 10. AREA DISTURBED DURING CONSTRUCTION: SQ. FT. *Projects disturbing more than one (1) acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one (1) acre require a permit from the Vermont Department of Environmental Conservation. Subdivision Application Form. Rev. 12-2011 11. COST ESTIMATES a. Building (including interior renovations): $ A ,.,& b. Landscaping: $ ki (Please submit itemized list of landscaping proposed) c. Other site improvements (please list with cost) 12. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 13. PEAK HOURS OF OPERATION: �l, �,yn __- 4'x�b �JV) 14. PEAK DAYS OF OPERATION: V 2U,10 � �—) J n � 15. ESTIMATED PROJECT COMPLETION DATE:(.,<,ll6vA n 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. A,,A 414ell\ p4lw�� e�04� 4�701 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. Subdivision Application Form. Rev. 12-2011 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. IGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER V PRINT Do not write below this line �j DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: i✓1 Complete ❑ Incomplete inistrative Officer t Date The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 8 79-56 76 to speak with the regional Permit Specialist. Subdivision Application Form. Rev. 12-2011 5� � theOther Paper • www.otherpapervt.com • August 29, 2013 • 15 i sin- e.,ds, Public 'URE: Brown Jordan Fur- LUGGAGE: Six pieces each ap- et: indoor/outdoor love proximately 28 inches by 18 No tices o chairs, two ottomans. inches, $20. Phone 802 999 0625. ears; $1,000 for all 5 pieces (08/ 15) Offer; originally $8,000. PUBLIC HEARING -5320. (08/22) PERCUSSION KIT: Gently used SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD Ludwig Percussion Kit. Includes TIRE: Oak Futon Frame in axylophone, axylophone stand, a The South Burlington Development Review Board will hold a ndition; minimally used pair of mallets, a practice pad that public hearing in the South Burlington City Hall Conference s optional; $150 Inverter ging around). Nearly new also connects to the xylophone stand, and a pair of drum sticks Room, 575 Dorset Street, South Burlington, Vermont on Sep- good condition; asking in a protective backpack case. tember 17, 2013 at 7:00 P.M. to consider the following: dl 578-0342. (08/15) Originally purchased through Ellis Music Company for $360. Used for 1. Preliminary ry&fnal plat application #SD-13-24 of North- RIGERATOR: G.E. side by Middle School Band. Asking $150. east Territories, Inc. for a planned unit development to 1/2 years old, new with Call 862-1132 (08/08) construct a 25,781 sq. ft. contractor or building trades is an ice/water dispenser facility, 66 Bowdoin Street.. Sells for $1,500, asking PING PONG TABLE: Excellent Qeasurements: H 69 1/2 condition, table only. $80. 999- 2. Conditional use application #CU-13-04 of Charles E. age), width33", depth33". 4328 (08/08) Carpentier for approval of a 7' X 16' deck to project into -2334 to view. (08/29) the front yard setback by approximately 12.5 feet, 2 Iby SILK TREES AND PLANTS: Life- Street. 'LUB SETS: Men's set like 7 ft. Birch and 5 ft. Ficas tree. �s Irons, driver, woods, Assortment of silk house plants, 3. Final plat application #SD-13-26 of Alan & Christine putter, water retriever $30 for all. 734-2928. (08/ 15) Palmer to: 1) subdivide a 3.19 acre parcel developed $50 OBO. Women's set with a commercial building into two (2) lots of 1.46 acres Irons woods, lob wedge, STAND UP PADDLEBOARD and 1.73 acres, and 2) combine the 1.73 acre parcel water retriever and bag; - Tahoe SUP Alpine Explorer with an adjacent 2.1 acre parcel developed with a com- mercial building to create a 3.83 acre parcel, 20 & 25 in sturdy backpaackck carrying bag, Palmer Court. JK FORM: Brackets for complete with pump with gauge, your own 20'x 40' Back- repair kit, 2 detachable fins. Used rink. Brackets hold your twice. Retail $1199. Selling for Mark Behr, Chairman id plastic liner to create a $999. More info, call Mark at 863- South Burlington Development Review Board backyard fun! 658-2013 2037 (08/29) lr. best offer. (8/22) Copies of the applications are available for public inspection WORKBENCH: Tradesman work- at the South Burlington City Hall. Participation, in the local pro - Beautiful Thomasville bench, 6' x4', great condition. $80. ceeding is a prerequisite to the right to take any subsequent earn with small, soft red 999-4328 (08/08) appeal. int. Like new, $300. Trans- ieelchair, excellent con- August 29, 2013 folds compactly, $100. il buffet w/lighted hutch, n oak, decorative glass 2005 Subaru Legacy Station ,n hutch. Perfect condi- Wagon, good condition, 72K 50. Call651-1139. (08/22) miles, asking $7000, call 802-860- Library CONTINUED FROM PAGE 10 0187. (08/08) Ovarcivn tan —li—, i., CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \SD 13 26 20-25PalmerCt Palmer combine lots PROJECT DESCRIPTION Alan Palmer, hereafter referred to as the applicant, is seeking to: 1) subdivide a 3.19 acre parcel developed with a commercial building into two (2) lots of 1.46 acres and 1.73 acres, and 2) combine the 1.73 acre parcel with an adjacent 2.1 acre parcel developed with a commercial building to create a 3.83 acre parcel, 20 & 25 Palmer Court. Administrative Officer Ray Belair and Planner Temporary Assignment Dan Albrecht, referred to herein as Staff, have reviewed the plans submitted on August 5, 2013 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements Lot 3, owned by Alan Palmer ( #25 Palmer Count, Marshall Tire) Mixed Industrial & Commercial Zoning District Required Proposed - - - �l Min. Lot Size 40,000 SF 40% 70% 63,668 SF 11 % 57% �l Max. Building Coverage Max. Overall Coverage *Max. Front Yard Coverage 30% A Min. Front Setback 30 ft. -48 ft. �l Min. Side Setback 10 ft. -16 ft. + Min. Rear Setback 30 ft. -56 ft. 4 Max. Building Height 35 ft. <35 ft. -J zoning compliance 4 This information has not been provided by the applicant for the new lot size. Lot 4, owned by Alan Marcelino (#20 Palmer Court) Mixed Industrial & Commercial Zoning District Required Proposed �l Min. Lot Size 40,000 SF 3.83 acres Max. Building Coverage 40 % 5.5 % �l Max. Overall Coverage 70 % 28 % _ •Max. Front Yard Coverage 30 % 4 Min. Front Setback 30 ft. -56 ft. Min. Side Setback 10 ft. -45 ft. �l Min. Rear Setback 30 ft. .-177 ft. Max. Building Height 35 ft. <35 ft. � zoning compliance + This information has not been provided by the applicant for the new lot size 1. The applicant should provide front yard coverage for the new lots as part of the final plat application. r No Text CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify thatQn this day of , 20_a, a of the foregoing public notice for [type of applic tion] # co y [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) bTA 1�\vb Avu�rt 6J t-�-f'j in by) Dated at [town/city], Vermont, this day of L , 20_2_ Printed Name: Phone number and email: Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 ���GNP� CPS ARM001 ALAN D. PALMER VOL.134 PG.56 LOT #2 22I' T5\ PP��ER % 132.00 WLLISTON ROAD #4090 ELECTRIC PECK NEIL CONE & DIANE PECK VOL.280 PG.288 LOT #5 LEGEND 0 IRON PIPE UTILITY POLE --••— UTILITY LINE -- EDGE OF GRAVEL ® WATER GATE VALVE pd WATER SHUT OFF ----W— WATER LINE -- 1-- S SEWER LINE ------G GAS LINE CITY OF BURLINGTON (AIRPORT) VOL.181 PG.107 ?O'g0W WATER O/SrR�R C AM�� N /I / dTLXfO iNDUS)RAGRIAL COMMERCIAL NST7500,E �� ` _ NSJyS. 6.6 PROPOSED 51j54' NEW BOUNDARY/ 52478'W GREEN 00- - \ \'° �1 1 10, 4763' ALAN D. PALMER / — P 8' 1p 8� / PORTION OF LOT 3 TO BE � 114.5 CONVEYED TO MARCELINO / S25'15 SHED 1.73 ACRES / /148.83' " S47'10'11 "W ?I. 06. _ —------- E�Y EASEMENT — _ O 20' DRAINAGE s, i J— ALAN D. PALMER = _ R51�P VOL.134 PG.56 LOT #3 MP REMAINING AREA = 63,668 SF OR 1.46 ACRES y HE�GN7S NY PALMER CpM" — t S35'S5'45"W 0 PA / — >c 75.22' — AiB?s. 52 81.34 A. MA 15' PEDESTRIAN / 00 TOP OF 6A� EASEMENT/ / /515QQ 0d 1 ALAN M. E. MARCELINO VOL.315 PG.60 LOT #4 EXISTING AREA: 91,300 SQ.FT = 2.1 ACRES PROPOSED NEW AREA = 383 ACRES , LOCATION MAP W 21443 al / NOTE: REFERENCE TO SURVEY PLAT ENTITLED "MUDDY BROOK INDUSTRIAL PARK" BY PALCO, LTD. MARK WARD LS DATED 1988 RECORDEQ--,�IJDE 201. 535'48'09"W \CV1 233.31' / i fhl 13URLINGTON 20' DRAINAGE I J� cITY �D�Y BRC pK EASEMENT MTOWN OF MLLISTON APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTH BURLINGTON, VERMONT ON THE DAY OF 2013, SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS DAY OF 2013. BY, CHAIRPERSON OR CLERK SCALE : 1 INCH = 40 FEET 40 0 20 40 80 160 I CERTIFY THIS PLAT 15 BASED UPON A TOTAL STATION SURVEY, RECORD RESEARCH, PHYSICAL EVIDENCE FOUND, PREVIOUS SURVEYS AS NOTED AND INFORMATION PROVIDED BY THE CLIENT. IXi05F1 City of So. Burlington FINAL PLA T BOUNDARY LINE ADJUSTMENT BETWEEN ALAN D. PALMER & ALAN ME MARCELINO #20 & #25 PALMER HEIGHTS SOUTH BURLINGTON, VERMONT VERMONT LAND SURVEYORS, INC. P.O. BOX 115 JERICHO, VERMONT 05465 (802) 899-2278 DA TE OCT. 2012, REVISED JUL Y 201 J SUR VEYED M. W. & B. H. DRAWN MARK V. WARD PROJECT CHECKED MARK V. WARD polmer2012 } Permit Number SD-/�- / / (office use only) APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER(S) OF RECORD Name(s) as shown on deed, mailing address, phone and fax#) AL-4tJ 091-M612 %S5 - 9 I Zl>n A(�So s F,4Y*1rdtt—t � CAL s i=i/Z �,- r 2) LOCATION OF LAST RECORDED DEED(S) (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #)jeiwl.a— +6 &-JA)x� f1/SO✓�- 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) ©CJn3�YZ 5) CONTACT PERSON (Name, mailing address, phone and fax #) 41 Are-y— \Al4gl') P-0- O X // ,:;7 , Z64 I C6O ./n CS Wo5-8 y 9 - ZZ78 ^10 5a) CONTACT EMAIL ADDRESS V T L 5 -/►) A2lC. C (2v A, C"i'45 T : A/4�7' Q l- 6) PROJECT STREET ADDRESS: �`2� f Z� �gL,�-��c� Gbu/1 / 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 8) PROJECT DESCRIPTION a) General project description (explain what you want approval for): r Oc f 1U-A2- Dom= Go 7- 3 / --5 cotil VC 1f1AL 6- To o w,JArt- L-o ;g 1,70 d cg-4- S -- - 575 Dorset Street South Burlington, v"r 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com b) Existing Uses on Property (including description and size of each separate use V17,gPE6T`l /5 4e�5,69 4-1 m61- -5 L. 7-1 Ao - 1hea9 -4 7a IVAP-G6�-/,4o PA6!!�r 2ZY uj6/36rae- �dr►2n,E2G L�t}�/JtiIG �`xlf�✓�Tiv(r B� .J�€SS, ` A-0, z -3, 5 Ac,2e 5 c) Proposed Uses on property (include description and size of each new use and existing uses to remain) 1} S h3o ✓,O— _ PRL rr?X/L- Lo % o A 70 /+C, 9 d) Total building square footage on property (proposed buildings and existing buildings to remain) e) Proposed height of building (if applicable) Nor R PP C-1 f) Number of residential units (if applicable, new units and existing units to remain) &J g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 9) LOT COVERAGE a) Building: P91- 49 /Z Existin% t"4)e WN o '�' 70 b) Overall (building, parking, outside storage, etc) OAS V'+-jg2 Existing Z7 % M,9A-G&- LInJ0 z-i c) Front yard (along each street) Existing ! % S� g 7Zo Proposed__% S, 5 Proposed 5� 7 % ZS�o Proposed ;-I P-rn 5�� rl�r2Cl�t.tJd 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) 10o •Pyus Li Al-1-4Q, p,. �,J� Lv �2AIa9G sFsy,,F,cTs Fi7-C. A.S O A., 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL, FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) �-) o NZG Sketch Plan Application Form. Rev. 12-2011 12) ESTIMATED PROJECT COMPLETION DATE o G 1 2 c3 l Z- 13) PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. The application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. A n ATURR OF ATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: w I have reviewed this sketch plan application and find it to be: VC-10mplete ❑ Incomplet ministrative Officer Date The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Sketch Plan Application Form. Rev. 12-2011 T4tS�Tt PON PFE U7XJrY PME VnUTY LOW EDGE OF GRAWM WA ER r.47F VALVE WATT? 9A/ T Off W— WA 7D? LAE —5— MIER LAVE GAS LAE WW,,A s I MW w 40 PM so 0 26 ;0 k teo ALMA PAI Ar-Aff M-E M,-TM, 020 & 125 PALMER HUGH7S SOUTH &PUNGTON, KNUONT umww MIPIr- 4414MIKIM AM P.O. sox n5 .ERICHO, VfRMONT 05465 (802) 899-2278 SURVEYED M.W. & ah DRAWN MARK V. WARD PRaEcr CIEOiiV MARK V--W-ARD� P" CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: July 23, 2012 \drMstaffcomments\ 2012\ SD_12 11 20- Application received: June 25, 2012 25PalmerCt_Palmer_Boundary_Line_Adjust ALAN PALMER — 20 & 25 PALMER COURT FINAL PLAT APPLICATION #SD-12-10 Agenda #4 Meeting Date: Au ust 7, 2012 Owner/Applicant Contact Person Alan Palmer Mark Ward 5576 Dorset Street P.O. Box 115 Shelburne, VT 05482 Jericho, VT 05465 Surveyor Property Information Vermont Land Surveyors, Inc. Tax Parcels 1280-00020C & 1280-00025C PO Box 115 Mixed Industrial & Commercial Zoning District Jericho, VT 05465 Location Map Please note: The above aerial photo may not accurately reflect the current conditions of the lot in question. This photo is for relative location only. CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\staffcomments\2012\ SD_12_11_20-25PalmerCt Palmer Boundary_Line_Adjust Alan Palmer, hereafter referred to as the applicant, is seeking to: 1) subdivide a 3.19 acre parcel developed with a commercial building into two (2) lots of 1.49 acres and 1.7 acres, and 2) combine the 1.7 acre parcel with an adjacent 2.1 acre parcel developed with a commercial building to create a 3.8 acre parcel, 20 & 25 Palmer Court. Administrative Officer Ray Belair and Dan Albrecht, Chittenden County RPC Contractor, referred to herein as Staff, have reviewed the plans submitted on June 25, 2012 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements Lot 3, owned by Alan Palmer (#25 Palmer Court. Marshall Tire) Mixed Industrial & Commercial Zoning District Required Proposed �l Min. Lot Size 40,000 SF 65,028 SF Max. Building Coverage 40% 11 % Max. Overall Coverage 70% 57% .Max. Front Yard Coverage 30% 51 % Min. Front Setback 30 ft. -48 ft. �l Min. Side Setback 10 ft. -16 ft. 4 Min. Rear Setback 30 ft. -56 ft. Max. Building Height 35 ft. � zoning compliance 4 Non-compliance (as estimated by staff) Lot 4, owned by Alan Marcelino (#20 Palmer Court) Mixed Industrial & Commercial ZoningDistrict Min. Lot Size Required 40,000 SF Proposed 165,528 SF �l Max. Building Covera e 40 % 5.5 % Max. Overall Coverage 70 % 28 % •Max. Front Yard Coverage 30 % 58 % Min. Front Setback 30 ft. -56 ft. �l Min. Side Setback 10 ft. -45 ft. �l Min. Rear Setback 30 ft. .-177 ft. Max. Building Height 35 ft. <35 ft. � zoning compliance 4 Non-compliance (as estimated by staff) 1. Non-compliance issues: Front yard coverages were a requirement when these buildings were constructed; therefore front yard coverages should be in compliance. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\staffcomments\2012\ SD_12_11_20-25PalmerCt Palmer Boundary_Line_Adjust SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. No changes are proposed in the uses on the two lots. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. No construction activity is proposed. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. No changes are proposed in the uses on the two lots. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. Muddy Brook is located to the east-southeast of both parcels. Development on both parcels is located beyond the City's 100 ft. Surface Water Protection Overlay District. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. Staff feels that the proposed project is in keeping with the planned development patterns of the Mixed Industrial & Commercial Zoning District. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. Open space areas remain between the developed area of the parcels and Muddy Brook. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. No new structures are proposed Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. No changes are proposed. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\staffcomments\2012\ SD_12_11_20-25PalmerCt_Palmer_Boundary_Line_Adjust No changes are proposed. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed boundary line adjustment between the two properties is in conformance with the South Burlington Comprehensive Plan. Staff recommends the applicant proceed to Final Plat. Respe fully submitted, R ymond J. Belair, Administrative Officer Page 1 of 1 ray From: Alan Palmer [palmercompanyltd@gmail.com] Sent: Monday, October 29, 2012 4:03 PM To: ray Subject: Lot line Adjustment Lot #3 & #4 Palmer Heights Hi Ray I am requesting that the Development Review Board continue the application for the lot line adj ustment to a meeting date in May 2013 regards Alan Palmer 10/29/2012 Page 1 of 1 ray From: Alan Palmer [palmercompanyltd@gmail.com] Sent: Monday, August 27, 2012 9A4 AM To: ray Cc: VTLS-Mark@comcast.net Subject: lot line adjustment (lot #3 & #4 Palmer Heights) Hi Ray please reschedule the hearing to a later date If there is any charge for this let me know thank you regards Alan Palmer 8/27/2012 Page 1 of 1 ray From: Alan Palmer [palmercompanyltd@gmail.com] Sent: Wednesday, July 25, 2012 2:16 PM To: ray Cc: VTLS-Mark@comcast.net; Jim Foley Subject: Lot Line Adjustment (Palmer Court) Hi Ray Will you reschedule the August 7th meeting to September 4th, thank you regards Alan Palmer M. lilt (OPI 7/25/2012 CCE\\RE File: N:\sdsk\proj\21136\21136-C1.DWG Plotted: 2001-08-0911:01:49 ffi MAN1ip!- il11lJt U9�lNt 0 U) m z � s d 7\N vA II \ I\ \ I 1 SIX `\ o I I \A\\\ ` \ `\ \ \\\\ ♦ \\ \\ \ -- \ �\ `� ♦ \\ \ `\ \ \\ ` \\ \\ \\ \\ _ _ 71k I 11 ly 1 7 � � � � � � b ' \\ \ 1 \\ \\ \\ \\\\ \\� \�` _mil 11,• h 11 1 1 111 I 1 i11411 11! 1 � \\II III,I I11jI`'II, _ II III ` I ` 11 TIT CPA Qj x a F A. MARCELINO & COMP 4060 WILLISTON ROAD SITE PLAN S. BURLINGTON W ORIFCi7"y�j C)ELWLAW CONSUtTI NG ENGINEERS 85 PRIM ROAD, P.O. BOX 453 COLCHESTER. VERMONT 05446 (802) 883-8080 (802) 884-1878 FAX p P��oR #� G 56 LEGEND 0 IRON PIPE U77LITY POLE — UTILITY LINE EDGE OF GRAVEL ® WATER GATE VALVE WATER SHUT OFF ---W— WATER LINE — — S--- SEWER LINE -- G---- GAS LINE NEIL CONE & DIANE PECK VOL.280 PG.288 LOT #5 C Wq TER D S1R/ 2 q � N 20' DR—A—INAGGEE II EASEMENT o�0 0,00,E CITY OF BURLINGTON (AIRPORT) VOL.181 PG.107 pit — '� SCALE : 1 INCH = 40 FEET 40 0 20 40 80 -- .._.__ 160 RECEIVED JUN 2 5 2012 City of So. Burlington NOTE, REFERENCE TO SURVEY PLAT EN777LED "MUDDY BROOK INDUSTRIAL PARK" BY PALCO, LTD, MARK WARD LS DATED FEB. 1988 RECORDED SLIDE 201. SKETCH PLAN FOR BOUNDARY LINE ADJUSTMENT BETWEEN ALAN D. PALMER & ALAN ME. MARCELINO #20 & #25 PALMER HEIGHTS SOUTH BURLINGTON, VERMONT VERMONT LAND SURVEYORS, INC. P.O. BOX 115 JERICHO, VERMONT 05465 (802) 899-2278 DA TE JUNE_ 2012 SURVEYED M. W. & B.H. -- — ---- -- - — DRAWN_ MARK V. WARD PROJECT ------ — polmer2012 CHECKED MARK V. WARD wwwRW Aft CCW & M4ALr PAW KL280 Pa" LOT 10 LE&END a OM PPE UMM POLE Ulxtry L#w EVW CF GR4M WA7M GATE VALVE 04 M? 9VT OFF W-- WATER LOW -S--,. SEVER LME - GAS WE MY ARARAGE EAS09NT arY Vir AMMOM (AMMM ML181 MUM 45 , so -W pit 310 vo! io of vt 10 Z 54770'11*W 70* 0 -W 20 WAUGEa O&SO 2.1 10 T w OF •1 vet0 .00 of A NOTE AMW" 10 Vj*Wr RAT RMLW UWY &WM MUSIMM PANIC' &Y PAW4 L M MAW MM LS BA 70 MR IM MEOMM AW 2M. olcoc Agay SKETCH PLAN FOR aotmoARY L^c ADjusuemr aETmmv 46 0 20 40 so 160 AK20 & P5 PALMER HEIGHTS SOUTH BURUNGrON, WMQMT P.O. Box 115 JERICHO, WRMONT 05465 (802) 899-2278 DATE OCT 2012 SURVEYED M. W. & B.H. DRAWN MARK V WARD PROJECT palmor2012 CHECKED MARK V.WARD AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WATER QUALITY DIVISION 103 SOUTH MAIN STREET WATERBURY, VERMONT 05671-0408 PUBLIC NOTICE PUBLIC COMMENT PERIOD: November 4, 2010 -November 15, 2010 PERMITTEE INFORMATION PERMITTEE NAME: A. Marcelino & Co., Inc. PERMITTEE ADDRESS: P.O. Box 195 Williston, VT 05495 GENERAL PERMIT NUMBER: 3-9010 PERMIT NUMBER: 3407-9010.R PREVIOUS PERMIT NUMBER: 3407-9010 DISCHARGE INFORMATION NATURE: Treated stormwater VOLUME: As necessary RECEIVING WATER: Muddy Brook EXPIRATION DATE OF AUTHORIZATION TO DISCHARGE: Ten years from issuance date of final permit DESCRIPTION: This is a draft authorization to discharge proposed for issuance to A. Marcelino & Co., Inc. for the discharge of stormwater runoff from Muddy Brook Industrial Park, Lot #4 located in South Burlington, Vermont to Muddy Brook. The means of treatment include overland flow. -2- FURTHER INFORMATION The complete application is on file and may be inspected at the VANR, Waterbury Office. Copies will be made at a cost based upon the current Secretary of State Official Fee Schedule for Copying Public Records and may be obtained by calling 802-241-3777 from 8:00 a.m. to 4:00 p.m., Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Written public comments on the proposed authorization to discharge are invited and must be received on or before the close of business day (7:45 am - 4:30 pm) November 15, 2010, by the Agency of Natural Resources, Department of Environmental Conservation, Water Quality Division, Attention Vicki Hill, Building 10 North, 103 South Main Street, Waterbury, Vermont 05671 or send via email to Stormwater@state.vt.us. If sending by mail, the general permit number should appear next to the VANR address on the envelope and on the first page of any submitted comments. If sending by e-mail, the general permit number should appear on the subject line. All comments received by the above date will be considered by DEC prior to issuance of an authorization to discharge under the general permit. FINAL ACTION/APPEAL At the conclusion of the public notice period and after consideration of additional information received during the public notice period, the VANR will make a final determination to issue or to deny an authorization to discharge under the general permit. Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The appellant must attach to the Notice of Appeal the entry fee of $250.00, payable to the state of Vermont. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims parry status; must designate the act or decision appealed from; must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project or facility with which the appeal is concerned and the name of the applicant or any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontiudiciga.org. The address for the Environmental Court is 2418 Airport Road, Suite 1, Barre, VT 05641 (Tel. # 802-828-1660) Justin G. Johnson, Commissioner Department of Environmental Conservation Chlain ConsultiGREGORY J. BOMBARDIER, P.E. p � E N G I N E E R S PAUL DUCHESNEAU, P.E. October 24, 2001 Mr. Raymond Belair c/o CITY OF SOUTH BURLINGTON Planning & Zoning Department 575 Dorset Street South Burlington, VT 05403 RE. A. MARCELINO & COMPANY, INC. - Conditional Use Permit Palmer Court, South Burlington, VT Dear Ray: Enclosed are revised plans for the A. Marcelino & Company temporary employee housing project that reflect the following changes discussed at the 9/18/2001 hearing which were incorporated in the subsequent Motion of Approval. 1. The site plan has been revised to reduce the front yard coverage to less than 30%; 2. The site plan has been revised to depict the 100' C.O. District buffer from the center line of Muddy Brook. At the hearing we also discussed the fact that no additional sanitary sewer allocation was necessary for this project, and you requested clarification of this issue for your records. When Palmer Court was connected to the South Burlington municipal sewer system in 1998, Champlain Consulting Engineers did the actual design and permitting for the project. A State of Vermont Water Supply/Wastewater Disposal permit (WW-4-0287-1) was obtained for a maximum of 2,800 gallons of sewage per day. This is the equivalent of a total daily design flow of 3,500 gallons per day times 80% for connection to a municipal wastewater treatment facility. A sewer allocation letter for 2,800 gallons per day was subsequently obtained from the City of South Burlington. 85 PRIM ROAD • BOX 453 • COLCHESTER, VT 05446 • PH 802.863.8060 • FX 802.864.1878 • WWW.CHAMPLAINCONSULTING.NET At the time the project was originally permitted, the businesses connected included Vt. Mechanical (27 employees), Marshall Tire (8 employees), Peck Electric (12 employees), and A. Marcelino & Company (10 employees). Office employee total daily design flow was then calculated as a total of 57 office employees x 15 gallons per day per employee = 855 gallons per day. An allowance for future expansion of 3,500 gpd — 855 gpd = 2,645 gpd was subsequently incorporated into the design and permitting at the time the project was permitted. To our knowledge, no part of the 2,645 gpd allowance for future expansion has been requested or utilized. The A. Marcelino & Company request for permission to utilize four (4) recreational vehicles for temporary employee housing results in an additional total daily design flow of 125 gallons per day per trailer space x 4 trailers = 500 gallons per day. This is less than the available 2,645 gpd available for future expansion, so we felt that no additional sewer allocation was necessary. Please don't hesitate to call me if you have any additional questions. Sincerely, CH LAIN CONSULTING ENGINEERS 6�0�- Gregor . Bombardier, P.E. Enclosures cc: A. Marcelino & Company 'A r Yt lkn State of Vermont WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: WW-4-0287-1 PIN` EJ98-0015 Landowner: Alan Marcelino Address: P.O. Box 195 Williston, VT 05495 and Vermont Mechanical 4050 Williston Road South Burlington, VT 05403 This project, consisting of connecting Lots #2, #3 and #5 referenced in Certification of Compliances 4CO296-2 (Lot #2), 4CO296-3 (Lot #5) and 4CO296-4 (Lot #3) and Lot #4 referenced in Public Building Permit PB-4-1404 and Water Supply and Wastewater Disposal Permit W-NV-4-0287 within the Muddy Brook Industrial Park, served by municipal water and sewer services, located off Williston Road in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250 case number 4CO296. GENERAL This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry -phone (802) 828-2106 or (802) 658-2199 and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans which have been stamped "approved" by the Wastewater Management Division: Job No. Q7176, Sheet C-1 "Site Plan" dated 12-29-97 revised 1-14-98; Sheet C-2 "Sta. 0+00 to Sta. 5+20" dated 12-29-97; Sheet C-3 "Sta. 5+20 to Sta. 10+00" dated 12-29-97; Sheet C-4 "Pump Station Details and Specifications" dated 12-29-97; and Sheet C-5 "Details" dated 12-29-97 prepared by Champlain Consulting Engineers, Inc.. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. 4. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. Water Supply & Wastewater Disposal Permit WW-4-0287-1 Alan Marcelino and Vermont Mechanical Page 2 I All conditions set forth in Certification of Compliances 4CO296-2, 4CO296-3 and 4CO296-4, Public Building Permit P134-1404 and Water Supply and Wastewater Disposal Permit WW- 4-0287 shall remain in effect except as modified or amended herein. 6. No alterations to the buildings that would change or affect the exterior water supply or sewage disposal, or the approved use of the buildings shall be allowed without prior review and approval from the Agency of Natural Resources. 7. A copy of the approved plans and this permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. SEWAGE DISPOSAL 8. The sewer collection system from each building to the pump station (including eliminating the existing septic tanks, pump station modifications and force main construction herein approved shall be routinely and reliably inspected during construction by a Vermont -registered professional engineer who shall, upon completion of construction and prior to activating the pump station, report in writing to the Wastewater Management Division that the installation was accomplished in accordance with the approved plans and permit conditions. 9. The project is approved for wastewater disposal by connection to the municipal sewer system for a maximum of 2,800 gallons of sewage per day. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont on February 18, 1998. Canute E. Dalmasse, Commissioner Department of Environmental Conservation B ZZ Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission & Select Board Champlain Consulting Engineers, Inc. Act 250 coordinator-40296 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 January 7, 1998 ZONING ADMINISTRATOR 658-7958 Gregory J. Bombardier, P.E. Champlain Consulting Engineers P.O. Box 453 Colchester, Vermont 05446 Re: Palmer heights Sewer Allocation Dear Mr. Bombardier: Please be advised that the City of South Burlington hereby approves 2800 gpd of sewer allocation for connection of the Palmer Heights development to the City's sewer system. This property is served by the Airport Parkway Wastewater Treatment Facility which has sufficient capacity to handle this additional demand. If you have any questions, please give me a call cerely, oe Weith, City Planner JW/mcp i 4" SDR 26 PVC FORCE MAIN DRESSER (LE COUPLING SEWAGE PUMP STAIR The contractor shall the requirements sp, PUMP STATION DESIGN DATA shall be mutually cof The contractor shall Design Daily Flow: equipment supplier v to observe the stoti< Vt. Mechanical _27employees X 15 gpd = 405 sequencing, and all F Marshall Tire _ $ _ employees X 15 gpd = 120 WIRING Peck Electric _ 12 _ employees X 15 gpd = 180 All wiring shall have A. Marcelino _ to _ employees X 15 gpd = -150 in complete conform Allowance for future expansions = 2645 Electrical Standards. conveniently replace TOTAL 3500 engraved bakelite mg Average Daily Flow: U.L. APPROVAL — 3500/1,440 min./day = 2.4 gpm The control F els s Industrial Coin l Po Peak Flow: recognized componei Laboratory listed ser — 2.4 gpm x 5.0 peaking factor = 12.0 gpm POWER SUPPLY The power supply wi Minimum Pumping Requirements: ENCLOSURE The described eq.:' — 4" force main; 2.5 fps, minimum velocity required = 95 gpm, say 100 gpm or pedestal mountin wide, rd — At 100 m, Friction loss = 6.5' 9P Static Head = 352 — 304 = 48' ., ni gouge galvanized st The `outer door shoi Pump Selection' P This -weather—proof, - mounting in an unp — Goulds Model 3888 door with locking c< Submersible the components no dead front and yet — 120 gpm @ 61 TDH — Dose = 3.3' (150) = 495 gallons All major c� toner — Approximate Run cycle = 495± gals./(120 gpm — 2.4 gpm) = 4.2 minutes engraved bc� ate n Required Storage: PRESSURE PIPE TES A. General: All fc — 3500 d x 4 hrs 16 hrs = 875 — 9P / gallons 9 _ described herei concrete thrus' All buried pipe valves shall be Storage Provided: — 5' 0 Pump Station Storage allowed to Elevation 314.0 B. Hydrostatic Tes 1. All air rele 150 gal./ft. X 6.0' = 900 gallons > 875 OK rote not i 2. The water pressure 3. Failure to NOTES: for the tv 1. EXCAVATIONS FOUR FEET OR MORE IN DEPTH ENTERED BY PERSONNEL C. Leakage Test: ^—M Tn TLC nnvri r nr- pcnnc;- ec npr-ir icn , 1 -1 Environmental Protection Rules, C' r I Subchapter 7 — Sewage Disposal - APPENDIX 1-7A - FLOW QUANTITIES' e ESTABLISI4MENT GALLONS/PERSON/DAY (unless otherwise noted) Assembly Areas, Conference Room ................ 5 Airports (&r passenger). .......... ....... 5 Bathhouses and Swimming Pools ................. 5 Bowling Alley (no food service)(per lane)........... . 75 Camps: Campground with central comfort stations (4 people/site)(per site) ................. 100 With flush toilets, no showers (4 people/site)(per. site) . 75 Construction camps (semi -permanent) ......... 50 Day camps (no meals served) .............. 15 Resort Camps (night & day) with limited plumbing . 50 Cafeterias (per seat) .......................... 50 Churches: Sanctuary seating x 25 % ..... .......... 5 ! Church suppers ..................... 8 Cottages ................................ 50 Country Clubs (per resident member) ............... 100 Country CIUbs (p6r non-resident member present) ... Day Care Centers: Without meals: ....................... 15 With one meal :...................... ... 20 With two meals: ...................... 25 Dentists: Staff Member ........................ 35 Per Chair .......................... 200 Doctor's Office: Staff Member ................ ........ 35 Patient ............................ 10 Dwellings': Staff Member ........................ 75 BoardingHouses .......... .......... 50 ' Addition for non-resident boarders .......... 10 Multiple Dwellings (condominiums, townhouses, clustered housing) (minimum 2 people/bedroom) . 75 Rooming Houses (per occupant bed space) ...... 40 Single Family Dwellings (per bedroom) ........ 150 Factories (gallons per person, per shift, exclusive of industrial waste) ........................... 15 Gyms: Participant .......................... 10 Spectator ........................... 3 Hairdressers: Operator........................... 10 Per Chair .............. .......... 150 Hospitals (per bed space) ...................... 250 Hotels with Private Baths' (per person sleeping space).... 50 Institutions other than hospitals (per bed) ...... ...... 125 72 Environmental Protection Rules, Chapter 1 Subchapter 7 — Sewage Disposal ESTABLISHMENT GALLONS WERSON/DAY (unless otherwise noted) Laundries, self-service (gallons per machine) .......... 500 Mobile Home Parks: or disposal systems serving 4 or fewer trailers per space) ... 450 For disposal systems serving 5 or more trailers (Per space) ........................ 250 Motels with bath, toilet` (per person sleeping. space) .... 50 Picnic Parks (toilet wastes only/picnicker) .......... , 5 Restaurants (toilet and kitchen wastes/seat, including restaurant and bar seats .................. ...... 30 Additional per seat for restaurant serving 3 meals per day ..................... 15 Restaurants (fast food - see cafeterias ............. . Schools: Boarding ..................... .... 100 Day, without gyms, cafeterias, or showers ...... 15 Day, with gyms, cafeterias, and showers ....... 25 Day, with cafeteria, but without gyms or showers .. 20 Service Stations,(first set of gas pumps) ............. 500 (each set thereafter) .................... 300 Sewer Line Infiltration (where applicable) 300 gal/in pipe/dia/mile/day **Shopping Centers/Stores: Large Dry Goods ..................... 5 GPD/100 ft2 Large Supermarkets with meat department without garbage grinder .... ........... 7.5 GPD/100 ft2 Large Supermarket with meat department with garbage grinder ................. 11 GPD/100 ft2 Small Dry Good Stores (in shopping centers) .... 100 GPD/store Subdivision per lot (or 150 per bedroom, whichever is greater . ............................ 450 Theaters:, Mdvie (per auditorium seat) ......... .... 5 Drive-in (per car space) ............. . 5 Travel Trailer Parks without individual water & sewer hookups Comfort Station (per trailer space) ............ 90 Dumping Station (per trailer space)........... 35 Travel Trailer Parks with individual water & sewer hookups (per trailer space) .................... 125 Veterinary Clinic (3 or less doctors): 1. 1 1 without animal boarding .................. 750/clinic with animal boarding ................... 1,500/clinic Workers: Construction (at semi -permanent camps) ....... . 50 Day at schools and offices (per shift) ......... 15 ' ei �ht e ws f ro'ects t e c ted _Treatment Facilities. Note that this design flow reduction applies only to the wastewater flow and DOES NOT apply for a project's associated water supply system design flows. b Elderly housing may be calculated at 1.5 people per bedroom Does not include laundry or restaurant waste. 73 h CHAMPLAIN CONSULTING &JINEERS, P.C. 85 PRIM ROAD, P.O. BOX 453 COLCHESTER, VT 05446 TELEPHONE — 802-863-8060 FAX 802-864-1878 TO: Mr. Ray Belair C/o city of South Burlington Planning & Zoning Department 575 Dorset Street South Burlington, VT 05403 Items: _ Shop Drawings _ Prints _ Specifications X Letter TRANS'"ITTAL COVER SHEET DATE: 10/24/01 JOB NO.: 21136 RE: A. Marcelino & Company — Conditional Use Permit X Plans _Change Order _ Samples _ Certificate of Liability COPIES DATE NO. DESCRIPTION 5 each R9/1.8/01 C-1 Site Plan — 24" X 36" 1 each R9/18/01 C-1 Site Plan — I V X 17" 1 each 10/24/01 Letter from Greg Bombardier THESE ARE TRANSMITTED as checked below: _ For approval —No exceptions taken _ Resubmit _ Copies for approval _ For your use _ Make corrections noted X Submit _ Copies for distribution _ As requested _ Amend and resubmit _ Return _ Corrected prints _ For review and comment _ Rejected _ See remarks _ FOR BIDS DUE Copy REMARKS: CHAMPLAIN CONSULTING ENGINEERS, P.C. SIGNED; cc A. Marcelino 11 EAVRW a"m l0aL b ,0'0 r .0a m S � > D z rA cpv p, g { as as as x . f re R 3 Rs R$ ttt �I 73 D E� 0 ♦ � h I 1 1 1 1 r �wI8 i fill 3 it 0.a i � � ° v \ 1p ' i7 yj Sn z A. MARCELINO & COMPANY 4050 WILLISTON ROAD SITE PLAN S. BURIINGTON VERMONT CHAWLAIN CONSULTING ENGINEERS Y = 85 PRIM ROAD, P.O. BOX 453 8 COLCHESTER, VERMONT 05448 (802) 883-8080 * (802) 884-1878 FAX a CITY OF SOUTH BU LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 5, zooi Mr. Greg Bombardier Champlain Consulting Engineering 85 Prim Road Colchester, Vermont 05446 Re: Conditional Use Application - zo Palmer Court Dear Mr. Bombardier: Enclosed, please find a copy of the minutes from the September 18, zooi Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Raymond J. Belair Administrative Officer Encl./Td DEVELOPMENT REVIEW BOARD 18 SEPTEMBER 2001 PAGE 5 Mr. Dinklage said if this situation comes up again, there must be an application in advance. Mr. Kupferman noted the Fire Chief says access to the southern part of the building is not adequate, and there should be a road. Members felt the draft motion should be amended to indicate an ending date of 1 December. They also added a provision that the approval is only for 16 people in 4 units and that the units should all have carbon monoxide detectors, smoke detectors and fire extinguishers. Mr. Farley moved to approve Conditional Use application #CU-01-36 and site plan application #SP-01-56 of A. Marcelino & Company subject to the stipulations in the amended draft motion of 18 September 2001. Mr. Cameron seconded. Motion passed 4-2 with Messrs. Boucher and Kupferman opposing. 10. Public Hearing: Preliminary plat application #SD-01-46 of Paul Heald to subdivide a 5.32 acre lot into six lots ranging in size from 0.32 acres to 1.32 acres, 1200 Dorset Street: Mr. Marshall said the property is surrounded by Vermont National Country Club. He showed the restricted area that runs through the Heald property. The property currently is the site of Mr. Heald's home and a barn. In the proposed subdivision, a cul-de-sac road is proposed off Dorset St. Mr. Heald would access his home from this roadway and give up his current curb cut access. Mr. Marshall showed the proposed building envelopes, all of which would be outside the wetland buffer. They will create a physical separation between the building lots and the wetland buffer. No sidewalk is proposed. There could be one with a 24 ft. road, but they are now proposing a 30 ft. road. Mr. Heald noted there is a bike path across Dorset Street. Mr. Marshall indicated this development would be a PUD. He said they would be comfortable with a 26 foot width of the road at the entrance and a 24 ft. wide road from then on. Mr. Dinklage said since the road would be curbed, he would want a sidewalk and would be willing to compromise on the width of the road. Members were OK with this subject to the City Engineer's OK. DEVELOPMENT REVIEW BOARD 18 SEPTEMBER 2001 PAGE 4 record an easement allowing access to the private water line as approved by the City Attorney; 3) stipulation #8 was amended to read "The ownership and maintenance of sewer lines shall be as described in the sewage service agreement, waiver and easement approved by the City Attorney." Mr. Farley moved to approve Preliminary plat application #SD-01-36 and Final Plat application #SD-01-37 of Robert & Marjorie Skiff subject to the stipulations in the draft motion of 18 September 2001, as amended above. Mr. Schmitt seconded. Motion passed 5-1 with Mr. Cameron opposing. 8. Public Bearing: Application #CU-01-36 of A Marcelino & Company seeking approval from Section 26.05, Conditional Uses, and Section 26.605, of the South Burlington Zoning Regulations. The request is for permission to utilize four recreational vehicles for temporary residential facilities, 20 Palmer Court: and 9. Site plan application #SP-01-57 of A. Marcelino & Company to amend a site plan for a 10,981 sq. ft. building used for a contracting business. The amendment consists of utilizing four recreational vehicles for temporary residential facilities, 20 Palmer Court: Members agreed by a vote of 4-2 to hear the amendment on the basis that the change in the job market was not foreseeable. Mr. Kupferman and Mr. Cameron did not agree with this finding. Mr. Kupferman noted that the approved use of this site does not include housing. Mr. Bombardier said the temporary housing is for seasonal employees from Guatamala. He then showed the location of the RV's. They are being provided with municipal water and sewer. Mr. Dinklage asked when they will be removed. Mr. Marcelino said the latest would be 1 December. Mr. Schmitt asked about the question of front yard coverage. Mr. Bombardier said the front yard had been revised prior to the approval Gordon Woods got for Alan Palmer. That plan showed 29% coverage and that is what is there now. The plan will be revised to show this. Mr. Bombardier noted there is a question of a requirement for extra sewage allocation. He said the site was permitted for 2800 gpd which included use by 4 companies and an allowance for expansion. Mr. Dinklage asked if the applicant can attest that they are under the allocation. Mr. Bombardier said absolutely. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 14, 2001 Greg Bombardier Champlain Consulting Engineers 85 Prim Road Colchester, Vermont 05446 Re: Conditional Use Application — 20 Palmer Court Dear Mr. Bombardier: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments. Please be sure that someone is at the meeting on Tuesday, September 18, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, Raymond J. Belair Administrative Officer Encl./td CITY ENGINEER'S COMMENTS FOR MEETING 9/18/oi DEVELOPMENT REVIEW BOARD David & Heather Main - 38 Knoll Circle i. Concrete curb along the street shall be protected if trucks hauling fill will drive over it. If it is damaged it shall be replaced. Marcelino, A. - Williston Road - Temporary housing units i. Services to units must be winterized if they are occupied during winter months. Eddy Holdings, Lot 29, Commerce Avenue i. Depressed curb at entrance shall have a 1 1/2 inch reveal and not flush as plan shows. O'Dell Parkway, Farrell Corp. Grading Plan 1. The site plan showing limited site work in the northwest section of the project is acceptable. This plan No. C4 dated 11-18-99 was prepared by Civil Engineering Associates. Paul Heald - 6 lot Subdivision - 120o Dorset Street 1. Plan should show all utilities, water, sewer and drainage. z. Power and telephone lines shall be placed outside of the street Right -of -Way. 9/14/01 ARBORIST'S COMMENTS FOR 9/i8/or MEETING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD HEALD - 6 LOT SUBDIVISION A mix of z or 3 different species in roughly equal proportions is advisable. Soil test should be performed. If soil PH is alkaline Freeman Maple may not be the best choice although "Celzam" is probably one of the better cultivars of Freeman Maple for those conditions. I also recommend moving the trees back further from the road (8 to io feet. This will help reduce damage from plowing and vehicles. ROBERT & MARLEY SKIFF - 89 SPRINGHOUSE ROAD I recommend eliminating Green Ash as a species as it is over planted in the City of South Burlington. Soil testing should be performed to access ph. If soils are not below 7.0 ph, Red Maple should not be planted. The possible species substitutions include Honey Locust, Freeman Maple, Kentucky Coffee Tree, Bur Oak, English Oak, Hybrid American Elms. Planting Detail - Fertilize should not be added to backfill at time of planting. Branches should only be pruned to a height of 6 ft. if they conflict with landscape, traffic, etc. Use of arbor tape or tree saver (rubber rope) is preferable to Iz gauge wire encased in rubber hose for staking. Stakes should also be removed after i year. FIRE CHIEF'S COMMENTS FOR 9/i8/oi DEVELOPMENT REVIEW BOARD MEETING t. Site Plan & Conditional Use, zo Palmer Court - Access to the southern portion of the building, where the dwelling units are proposed, is inadequate. Access, in the form of a road, should be provided to the southern facade of the building. z. Preliminary Plat, tzoo Dorset Street - The applicant should consult with the fire department on the location of a fire hydrant along the new road. 9/18/oI .,.3 MOTION OF APPROVAL A. MARCELINO & COMPANY I move the South Burlington Development Review Board approve conditional use application #CU-01-36 and site plan application #SP-oI-57 of A. Marcelino &. Company to amend a site plan for io,98i square feet of building used for a contracting business. The amendment consists of utilizing four (4) recreational vehicles for temporary residential facilities, 20 Palmer Court, as depicted on a plan entitled "A. Marcelino & Company 4050 Williston Road Site Plan South BurlingtonVermont," prepared by Champlain Consulting Engineers, dated 8/9/oi, with the following stipulations: i. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. z. The plans shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning (hereinafter "Director"). Three (3) copies of the approved revised plans shall be submitted to the Director prior to permit issuance. a. The site plan shall be revised to reduce the front yard coverage so as not to exceed the thirty percent (30%) limitation. b. The site plan shall be revised to depict the one hundred foot (ioo') C.O. Distr' 'bu er from the center line of Muddy Brook. 3. The use f th recre tional vehicles for temporary residential facilities shall cease on z/ /oi d thy -recreational vehicles shall be removed from the property d-n--or-Before /3.i/oi 4. The applicant shall obtain a zoning permit as soon as possible following the issuance of these permits. If a zoning permit is not obtained before 12/31/01, conditional use permit #CU-01-36 and site plan approval #SP-oi-59shall be null and void. 5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the recreational vehicles. 6. Any change to the site plan shall require approval of the South Burlington Development Review Board. �{ �ICA - State of 'Vermont WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT Case Number: WW-4-0287-1 PIN: EJ98-0015 Landowner: Alan Marcelino Address: P.O. Box 195 Williston, VT 05495 LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 and Vermont Mechanical 4050 Williston Road South Burlington, VT 05403 This project, consisting of connecting Lots #2, #3 and #5 referenced in Certification of Compliances 4CO296-2 (Lot #2), 4CO296-3 (Lot #5) and 4CO296-4 (Lot #3) and Lot #4 referenced in Public Building Permit PB-4-1404 and Water Supply and Wastewater Disposal Permit W-vV-4-0287 within the Muddy Brook Industrial Park, served by municipal water and sewer services, located off Williston Road in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250 case number 4CO296. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry -phone (802) 828-2106 or (802) 658-2199 and local officials pLior to proceeding with this project. 2. The project shall be completed as shown on the following plans which have been stamped "approved" by the Wastewater Management Division: Job No. 97176, Sheet C-1 "Site Plan" dated 12-29-97 revised 1-14-98; Sheet C-2 "Sta. 0+00 to Sta. 5+20" dated 12-29-97; Sheet C-3 "Sta. 5+20 to Sta. 10+00" dated 12-29-97; Sheet C-4 "Pump Station Details and Specifications" dated 12-29-97; and Sheet C-5 "Details" dated 12-29-97 prepared by Champlain Consulting Engineers, Inc.. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 3. The Wastewater Management Division now i-eviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - V.'ater Supply and Wastewater Disposal Permit. 4. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. I Water Supply & Wastewater Disposal Permit WW-4-0287-1 Alan Marcelino and Vermont Mechanical Page 2 All conditions set forth in Certification of Compliances 4CO296-2, 4CO296-3 and 4CO296-4, Public Building Permit PB4-1404 and Water Supply and Wastewater Disposal Permit WW- 4-0287 shall remain in effect except as modified or amended herein. 6. No alterations to the buildings that would change or affect the exterior water supply or sewage disposal, or the approved use of the buildings shall be allowed without prior review and approval from the Agency of Natural Resources. 7. A copy of the approved plans and this permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. , SEWAGE DISPOSAL The sewer collection system from each building to the pump station (including eliminating the existing septic tanks, pump station modifications and force main construction herein approved shall be routinely and reliably inspected during construction by a Vermont -registered professional engineer who shall, upon completion of construction and prior to activating the pump station, report in writing to the Wastewater Management Division that the installation was accomplished in accordance with the approved plans and permit conditions. 9. The project is approved for wastewater disposal by connection to the municipal sewer system for a maximum of 2,800 gallons of sewage per day. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont on February 18, 1998 Canute E. Dalmasse, Commissioner Department of Environmental Conservation By - Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission & Select Board Champlain Consulting Engineers, Inc. Act 250 coordinator-4CO296 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 7, 1998 Gregory J. Bombardier, P.E. Champlain Consulting Engineers P.O. Box 453 Colchester, Vermont 05446 Re: Palmer Heights Sewer Allocation ZONING ADMINISTRATOR 658-7958 Dear Mr. Bombardier: Please be advised that the City of South Burlington hereby approves 2800 gpd of sewer allocation for connection of the Palmer Heights development to the City's sewer system. This property is served by the Airport Parkway Wastewater Treatment Facility which has sufficient capacity to handle this additional demand. If you have any questions, please give me a call. cerely, oe Weith, City Planner JW/mcp SEWAGE PUMP STATI The contractor shall the requirements sp PUMP STATION DESIGN DATA shall be mutually co The contractor shall Design Daily Flow: equipment supplier to observe the stoti Vt. Mechanical _ 2? — employees X 15 gpd = 405 sequencing, and oil Marshall Tire _ 8 — employees X 15 gpd = T20 WIRING Peck Electric _ 12 — employees X 15 gpd = 180 All wiring shall have A. Marcelino _?o — employees X 15 gpd = 150 in complete conform Allowance for future expansions = 2645 Elec-trical Standards. conveniently replace TOTAL 3500 engraved bakelite n- Average Daily Flow: U.L. APPROVE —-3500/1,440 min./day = 2.4 gpm The control panels Industrial Control P, Peak Flow: recognized compon( - Laboratory listed se — 2.4 gpm x 5.0 peaking factor = 12.0 gpm POWER SUPPLY The power supply v i Minimum Pumping Requirements: ENCLOSURE The described ec . — 4" force main; 2.5 fps, minimum velocity required = 95 gpm, say 100 gpm or pedestal mounti wide, high — At 100 9P m, Friction loss = 6.5' Static Head = 352 — 304 = 48' ani gouge galvanized s you 4" SDR 26 PVC The outer door sh( FORCE MAIN Pump Selection: P This -weather—proof 'on _ mounting in un - Goulds Model 3888 door with locking Submersible the components n dead front on-' ye Og1H DRESSER — Dose= 3.33' (15 )= 495 gallons All major compon( (LE COUPLING — Approximate Run cycle = 495± gals./(120 gpm — 2.4 gpm) = 4.2 minutes engraved bakelite Required Storage: PRESSURE PIPE TE — A. General: All — 3500 d x 4 hrs 16 hrs = 875 9P / gallons 9 _ described here concrete thru All buried pip valves shall b Storage Provided: B. Hydrostatic T( — 5' 0 Pump Station Storage allowed to Elevation 314.0 1. All air rel 150 gal./ft. X 6.0' = 900 gallons > 875 OK rate not 2. The wate pressure 3. Failure tc for the ninTP'C- CITY OF SOUTH BURLINGTON Permit Number SP-(= APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) A. Marcelino & Company, P.O Box 195, Williston, VT 05482 Phone (802) 862-6383 Fax (802) 863-6725 2) LOCATION OF LAST RECORDED DEED (Book and page #) vol 405, page 468 3) APPLICANT (Name, mailing address, phone and fax #) A. Marcelino & Company, c/o Alan_ Marcelino, P.O. Box 195, Williston, VT 05495 Phone (802) 862-6383, fax (802) 863-6725 4) CONTACT PERSON (Name, mailing address, phone and fax #)Champlain Consulting Engineers, c/o Greg Bombardier, P.E., 85 Prim Road, Colchester, VT 05446 Phone (802) 863-8060, fax (802) 864-1878 5) PROJECT STREET ADDRESS: Suite 414, 4050 Williston Road, South Burlington, VT 05403 6) TAX PARCEL ID # (can be obtained at Assessor's Office): 1280-00020C 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Commercial Use - A. Marcelino & Company Headquarters - 9,536 s.f. b) Proposed Uses on property (include description and size of each new use and existing uses to remain)1) Existing Commercial Use, 9,536 s.f. 2) Seasonal Residential Use - Employee Housing, 932 s.f. c) Total building square footage on property (proposed buildings and existing buildings to remain) 10,468 s.f. d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Existing 2 floor 24' high Office/Garage Building, 2 Existing 20' high Sand Sheds, Existing 20' high Storage Shed, Existing 14' high Fuel Shed; Proposed Single Level Seasonal Housing (4 Camper Trailers, 932 s.f ) e) Number of residential units (if applicable, new units and existing units to remain)16 Proposed f) Number of employees & company vehicles (existing and proposed, note office versus non - office employees): Existing: 60 Employees (10 office & 50 non -office) Proposed: 76 Employees (10 office & 50 non -office & 16 residential/non-office) Vehicles (unchanged): 7 Heavy Trucks, 15 Light Trucks, 40 Off Road Construction Equip g)' Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Temporary Housing is used for Seasonal Employees from May 1 through Dec 1 8) LOT COVERAGE a) Building: Existing 5.8 % Proposed 6.3 % b) Overall (building, parking, outside storage, etc) Existing 12.9 % Proposed 13.5 % c) Front yard (along each street) Existing 56.6 % Proposed 56.6 % 9) COST ESTIMATES a) Building (including interior renovations): $ 25,000 b) Landscaping: $ 0 c) Other site improvements (please list with cost): Utilities: $ 1,500 10) ESTIMATED TRAFFIC Reference: ITE Trip Generation Manual - 6" Edition, Vol I Basis of Calculations: Code 130, Land Use- Industrial Park, 76 Employ a) Average daily traffic for entire property (in and out): 411 b) A.M. Peak hour for entire property (in and out): 52 c) P.M. Peak hour for entire property (In and out): 60 11) PEAK HOURS OF OPERATION: 6 am - 6 pm 12) PEAK DAYS OF OPERATION: Monday - Saturday 13) ESTIMATED PROJECT COMPLETION DATE: Already Complete 14) SITE PLAN AND FEE Enclosed A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11 " x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). r I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. ,�2& � �_ lltA� —ftGNATURE OF APPLICANT IPA (4-� SItPATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date 0 DEVELOPMENT REVIEW BOARD 3 OCTOBER 2000 12. Any change to the site plan shall require approval by the South Burlington Development Review Board. 13. A lot merger agreement shall be recorded in the land records and shall be approved by the City Attorney prior to permit issuance for phase two. Mr. Farley seconded. Motion passed unanimously. 9. Site plan application #SP-00-45 of Allen Marcelino to amend a previously approved site plan for an 8,481 sq. ft. building used for a contracting business and motor vehicle repair. The amendment consists of 1) a 2,500 sq. ft. addition for contracting business use, and 2) converting space used for a motor vehicle repair use to use by the contracting business, and 3) sheds totaling 1,630 sq. ft. for the storage of salt, 20 Palmer Court: Mr. Woods said this would be a pre-engineered metal' rilding. All dumpsters will be screened. The applicant will also replace the tree as requested. Mr. Belair said the City Council had asked about the dumping of snow behind the applicant's property. Mr. Marcelino said the Water Resources Board knows about this. It is dumped on their property and is cleaned up every year. Mr. Belair said he will advise the Council and will check with Water Quality. Ms. Quimby moved the Development Review Board approve site plan application #SP-00-45 of Allen Marcelino to amend a previously approved site plan for an 8,481 sq. ft. building used for a contracting business and motor vehicle repair. The amendment consists of. 1) a 2,500 sq. ft. addition for contracting business use, 2) converting space used for a motor vehicle repair use to use by the contracting business, and 3) sheds totaling 1,630 sq. ft. for the storage of salt, 20 Palmer Court, as depicted on a three page set of plans, page one entitled "New Addition Site Plan Layout 20 Palmer Court, So. Burlington Vermont 05403," dated May 12, 2000, last revised 9/21/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The site plans shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three copies of the approved site plans shall be submitted to the Director prior to permit issuance. 12 DEVELOPMENT REVIEW BOARD 3 OCTOBER 2000 a. The plans shall be revised to illustrate a Sugar Maple in place of the proposed Norway Maple. b. The plans shall be revised to show all dumpsters screened. c. The plans shall be revised to illustrate water and sewer services. 3. Any new exterior lighting shall consist of downcasting shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. 4. The applicant shall post a $1,305 landscape bond prior to issuance of a zoning permit. The bond shall remain in effect for three years to assure that the landscaping takes root and has a good chance of surviving. 5. Pursuant to Section 26.105(a)of the Zoning Regulations, the Development Review Board grants a landscaping waiver of $45. 6. For the purpose of calculating road impact fees under the Se"th Burlington Impact Fee Ordinance, the Development Review Board estimates that the expansion will generate 2.45 additional vehicle trip ends during the P.M. peak hour. 7. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the new addition and newly constructed space. 8. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board. Mr. Farley seconded. Motion passed unanimously. Mr. Cameron then moved to close the public meeting and go into a deliberative session. Ms. Quimby seconded. Motion passed unanimously. Following the deliberative session, the meeting was adjourned at 10:45 p.m. Cle ` 13 i8LiC H EAIR i N G SGUTH BURLifJia- fJ EVELJPi9EVT REIII&N BOARD The South Burlington Develoomeni Review Board will hold a public hearing at the South Bur- ington C;ty Hall Confer- ence Room, 575 Dorset Street. South Burlington. Vermont on Tuesday Septe mber 18, 2001. at 7:30 P.M. to consider the following: 1. Appeal of a decision of the Code. Officer pursu- ant to Section 29 of the South Burlington Sign Ordinance denying sign permit application #SN- 01-42 of IDX Systems Corp. This permit was denied because the pro- posed 230 square foot free standing sign ex- ceeds the size limitations of 80 square feet, 40 IDX Drive. 2. Application #CU-01 36 of A. Marcalino & Company seeking ap- proval from Section 26.05, Conditional. Uses, and Section 26.605, of the South Burlington Zoning Regulations. The request is for permission to utilize four t41 recrea- tional vehicles ffor tempo- rary residential facilities, 20 Palmer Court. 3. Preliminary plat appli- cation #SD-01-46 of Paul Heald to subdivide a 5.32 acre lot into six [6] lots ranging in size from 0.32 acres to 1.32 acres, 1200 Dorset St. 4. Final plat application #SO-01-48 of Wright/ Morrissey Realty Corp. to amend a planned unit development consisting of: 1 ] an 95 room hotel, 21 160 residential units in four [4] buildings, 3] a 130 unit congregate housing facility, 41 subdi- vidingg two [21 parcels of 24.468 acres into eight [8] lots, 51 a 91,000 sq. ft. buildingg which will in- clude 11,000 sq. ft, of re- tail, a 150 seat 7,500 sq, ft. restaurant, 70,000 sq. ft. of general office, 2,- 500 sq. ft. of drive-in bank, and ten (10] resi- dential units, 61 a 7,200 sq. ft. addition to an in- door recreational facility, and 7) an existing 16,000 sq. ft. television studio and office building. The amendment consists of minor road and parking modifications, 65 Farrell Street. S. Application #MS-01- 05 of David and Heather Main seeking approval from Section 25.117, Al- teration of Existing Grade, of the South Bur- lington Zoning Regula- tions. Request is for per- mission to place 84 cubic yards of fill on property at 38 Knoll Circle. Copies of the applica- tions are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board September 1, 2001 CITY OF SOUTH BURLI GTTON DEPARTMENT OF PLA1NNEgG & ZONffNG 57475 DORSET STREET SOUTH BU LINGTON, VERMOtNT 05403 (802) 846-4106 FAX (802) 846-4101 August 22, 2001 Mr. Alan Palmer 2169 Dorset Street South Burlington, Vermont 05403 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106 or attend the scheduled public hearing. Sincerely, Raymond J. Belair Administrative Officer CITY OF SOUTH BURLINGT ON DEPARTMENT OF }PIANNI TG & ZONING 575 DOR,SET STREET SOUTH BUR,LINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 22, 2001 Precourt Investments Company 21 Maple Leaf Lane Shelburne, Vermont 05482 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106 or attend the scheduled public hearing. Sincerely, Raymond J. Eelair Administrative Officer Encl/td G CITY OF SOUTH BURLINGTON DEPARTMENT OF PIANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 22, 2001 Platt Realty, LLO P.O. Box 1080 Williston, Vermont 05495 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106 or attend the scheduled public hearing. Sincerely, Raymond J. Belair Administrative Officer Encl/td VED City of South Burlington Official Use Application to Development Review Board AUG 10 2t APPLICATION # C LX —L•L_R HEARING DATE City of So- Burlington FILING DATE FEE AMOUNT S �U Name of applicant(s) A. Marcelino & Company, c/o Alan Marcelino Address P.O. Box 195, Williston, VT 05495 Telephone # (802) 862-6383 Fax # (802) 863-6725 Represented by Champlain Consulting Engineers, c/o_ Greg Bombardier, P.E. Landowner A. Marcelino & Company, c/o Alan Marcelino Location and description of property 4050 Williston Road, Suite 414 (see plans) Adjacent property owner(s) & Address see attachment Type of application check one: ( ) appeal from decision of Administrator Officer (includes appeals from Notice of Violation) (X ) request for a conditional use ( ) request for a variance I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear a minimum of fifteen (15)days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Provision of zoning ordinance in question N/A Reason for appeal N/A Other documentation N/A & Date Signa ure SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, , at 7:30 P.M. to consider the following: Application of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to Adjacent Property Owners & Address 1280-00015C Palmer Alan D. & Christine 2169 Dorset Street Shelburne, VT 05482 1280-00025C Palmer Alan D. & Christine 2169 Dorset Street Shelburne, VT 05482 1280-04050C Precourt Investments Co 21 Maple Leaf Lane v Shelburne, VT 05482 1280-04090C Platt Realty, LLC P.O. Box 1080 Williston, VT 05495 r. CHAMPLAIN CONSULTING EN ANEERS, P.C. 85 PRIM ROAD, P.O. BOX 453 COLCHESTER, VT 05446 TELEPHONE — 802-863-8060 FAX — 802-864-1878 TO: Ray Belair City of South Burlington 575 Dorset St. S. Burlington, VT 05403 WE ARE SENDING YOU Items: ❑ Shop Drawings ❑ Specifications TRW- ITTAL COVER SHEET DATE 08/09/01 JOB NO. 21136 A. Marcelino & Company 4050 Williston Road S. Burlington, Vermont X Attached ❑ Under separate cover via _ ❑ Prints X Plans ❑ Copy of Letter ❑ Change Order ❑ Samples X See Below P. the`foilowing A,ln I Q COPIES DATE NO. DESCRIPTION 5 08/09/01 C1 Site Plan (24"x36") of A. Marcelino Property 1 08/09/01 C1 Site Plan (11"x17") of A. Marcelino Property 1 08/09/01 1-4 Application for Site Plan Review 1 08/08/01 683 $60.00 Application Fee Check 1 1 Tax Map of Project Area 1 1 List of Abutting Property Owners THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ No exceptions taken ❑ Resubmit copies for approval ❑ For your use ❑ Make corrections noted ❑ Submit copies for distribution ❑ As requested ❑ Amend and resubmit ❑ Return corrected prints X For review and comment ❑ Rejected — see remarks ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Please call with anv questions. CHAMPLAIN C9,YSULTING ENGINEERS, P.C. SIGNED: C G 6�5 J CHAMPLAIN CONSULTING ENGINEERS STRUCTURAL & FOUNDATIONS • SITE PLANNING • SANITARY & WATER Gregory J. Bombardier, P.E. August 9, 2001 rq „� Duchesneau, P.E. Fro .% .. . I V Ray Belair AUG 10 20 City of South Burlington 575 Dorset St. City of So, Burlington S. Burlington, VT 05403 RE: A. MARCELINO & COMPANY, 4050 WILLISTON ROAD,_ S.BURLINGTON, VT APPLICATION FOR SITE PLAN REVIEW Dear Mr. Belair: Please find the enclosed application for site plan review for the above referenced project. Also enclosed are site plans, tax map, abutting property addresses, and the application fee. In reference Exhibit A (list of required information), the following was not applicable: 1. Landscaping schedule: No new landscaping is proposed. 2. Location of septic tanks: There are no septic tanks. There is a pump station that pumps sewage to the municipal system. 3. Exterior Lighting: Lighting locations are shown on the plans. No changes to the lighting are proposed. 4. Restaurant: N/A If you should have any questions or need any additional information, please call me at (802) 863-8060. Sincerely, CHAMPLAIN CONSULTING ENGINEERS Richard Evans cc. Alan Marcelino 85 Prim Road, P.O. Box 453, Colchester, Vermont 05446 Tel (802) 863-8060 Fax (802) 864-1878 CCE\\RE File: N:\sdsk\proj\21136\21136—C1.DWG Plotted: 2001-08-0911:01:49 8 0 m D z � r t I 1111\I\ll1`\` / $Ad ^' \1�'\ 11,111111111111111\\\ 1 � ! 111111111\11111111\\\\`\ \\ / \ 1 1\\\\\\\\ \1\1 1 I♦ 1 1 // I \� :\\\ \\1 1 \11111\+\\ \\\ \\\ 1 \\1111151+�11\\ \ f / Nil\ \ \ \\\\\ \\\\\•\\\��i \ �� i / . Gf ` \\\\\\ III 1\\\`\�������\\\\` \ I ♦ ' �� � I \\\\\\\\\\\\ \ \ \ \ \ \ \\ d• ` �� \\\\ \\� \\ \l� \\\/n� A \ �\ I \\ - V b 10 IN, 9IN all b) z v A. MARCELINO & COMP. 4060 WILLISTON ROAD SITE PLAN S. BURLINGTON VERMONT CHAMPLAW CONSLTtvnNG ENGNOM x 85 PRIM ROAD, P.O. BOX 459 COLCHESTER, VERMONT 05446 (802) 863-8080 (802) 884-1878 FAX A. MARCELINO & COMP. 4060 WILLISTON ROAD SITE PLAN S. BURLINGTON VERMONT CHAMPLAW CONSLTtvnNG ENGNOM x 85 PRIM ROAD, P.O. BOX 459 COLCHESTER, VERMONT 05446 (802) 863-8080 (802) 884-1878 FAX No Text CHAMPLAIN CONSULTING ENGINEERS STRUCTURAL & FOUNDATIONS • SITE PLANNING • SANIYARY & WATER Gregory J. Bombardier, P.E. Paul Duchesneau, P.E. August 9, 2001 Ray Belair City of South Burlington 575 Dorset St. S. Burlington, VT 05403 RE: A. MARCELINO & COMPANY, 4050_WILLISTON_ROAD, S._B_URLINGTON, VT APPLICATION FOR CONDITIONAL USE Dear Mr. Belair: Please find the enclosed application for conditional use for the above referenced project. Also enclosed are site plans, tax map, abutting property addresses, and the application fee. If you should have any questions or need any additional information, please call me at (802) 863-8060. Sincerely, CHAMPLAAIN CONSULTING ENGINEERS k Richard Evans o C� O cc. Alan Marcelino 85 Prim Road, P.O. Box 453, Colchester, 'Vermont 05446 Tel (802) 80.3-8060 Fax (802) 864-1878 CHAMPLAIN CONSULTING ElJINEERS, P.C. 85 PRIM ROAD, P.O. BOX 453 COLCHESTER, VT 05446 TELEPHONE — 802-863-8060 FAX — 802-864-1878 TO: Ray Belair City of South Burlington 575 Dorset St. S. Burlington, VT 05403 TRAN- JITTAL COVER SHEET DATE 08/09/01 JOB NO. 21136 A. Marcelino & Company 4050 Williston Road S. Burlington, Vermont WE ARE SENDING YOU: X Attached ❑ Under separate cover via _ Items: ❑ Shop Drawings ❑ Prints X Plans ❑ Specifications ❑ Copy of Letter ❑ Change Order the following ❑ Samples X See Below COPIES DATE NO. DESCRIPTION 5 08/09/01 C1 Site Plan (24"x36") of A. Marcelino Property 1 08/09/01 C1 Site Plan (11"x17") of A. Marcelino Property 1 08/08/01 1 Application for Conditional Use 1 08/09/01 $85.00 Application Fee Check 1 1 Tax Map of Project Area 1 1 List of Abutting Property Owners THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ No exceptions taken ❑ Resubmit copies for approval ❑ For your use ❑ Make corrections noted ❑ Submit copies for distribution ❑ As requested ❑ Amend and resubmit ❑ Return corrected prints X For review and comment ❑ Rejected — see remarks ❑ FOR BIDS DUE 20 _ ❑ PRINTS RETURNED AFTER LO ... : US REMARKS: - V Please call with any questions. 112 CHAMPLAIN FNSULTING ENGINEERS, P.C. SIGNED: /C (i i/C(l2s 00020 ..i 1 19,0 036s 7 169 1810 03090 1810 04016 0c e r 048090 ic m 1610 A 04050 A I WILLISTON ROAD --� 3DC3B 03097 a 1810f R R 04017 10 ; 1040t9 R 0 A m C, O O 7O WILUSTON ROAD 0740 Dow c CPS 0725 00007 7 0725 p74p3 7 CC 00006 Z- O0000 10' X 10 cE1.a�+* o48o9Ds MATCH SHEET 35 c _ O.POY'mg},jOn & � PBOPIWY um FOR ARBOR Tor BI� Iff. WAM L•12FB '1� P �ia11d11Za1.loII PIUVAn OR UTUITY R-O-T BOUNDARY. IN RY. NOT A PROPEI7Y LING ROAD CODE NUMBER MAP P06 ARta LEM Lum 06 ORIGMILL LOT 1IN E. NOT A PROPRRIT Las STREET ADDRESS LM 0 100 f00 TATM BODY BOUNDARY �.• TYPE DENEBYQdA710B K LBGAL Ln COPD01mitUY FOOTPRINT '——.'�eaml"^�. Adjacent Property Owners & Address 1280-00015C Palmer Alan D. & Christine 2169 Dorset Street Shelburne, VT 05482 1280-00025C Palmer Alan D. & Christine 2169 Dorset Street Shelburne, VT 05482 1280-04050C Precourt Investments Co 21 Maple Leaf Lane Shelburne, VT 05482 1280-04090C Platt Realty, LLC P.O. Box 1080 Williston, VT 05495 AUG 1 0 200, C1tY 4t Sp BU1'lPP1 $0 , ff r G' CHAMPLAIN CONSULTING ENGINEERS STRUCTURAL & FOUNDATIONS • SITE PLANNING • SANITARY & WATER Gregory J. Bombardier, P.E. Paul Duchesneau, P.E. June 28, 2001 Ms. Julie Hoover c/o CITY OF SOUTH BURLINGTON Planning & Zoning Department 575 Dorset Street South Burlington, VT 05403 RE. A. ALRCELINO & COMPANY. INC. - Conditional Use Permit Palmer Court, South Burlington, VT Dear Ms. Hoover: Thank -you for taking the time this afternoon to discuss Alan Marcelino's pending permit request. We have recently been retained by Alan to prepare and submit a Conditional Use permit application related to establishing temporary housing at his Palmer Court facility in South Burlington, and anticipate submitting a permit application on his behalf shortly. Please don't hesitate to call me if you have any additional questions. Sincerely, CH LAIN CONSULTING ENGINEERS 6*4flx� Grego J. Bombardier, P.E. cc: A. Marcelino & Company 85 Prim Road, P.U. B(iA i j3, Colchester, Vermont 05446 Tel (802) 863-8060 Fax (802) 864-1878 CITY OF SOUTH BIJRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 15, 2000 Gordon Woods 104 Church Street Burlington, VT 05401 Re: Site Plan Application #SP-00-45 Dear Mr. Woods: Enclosed is a copy of the September October 3, 2000 Development Review Board minutes on the above referenced project. If you have any questions, please give me a call. Sincerely, Sarah MacCallum, Planning & Zoning Assistant SM/mcp 1 Encl DEPARTMENT OF PLANNING & ZONE'gG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 17, 2000 Gordon Woods 104 Church Street Burlington, VT 05401 Re: Marcellino Site Plan, 20 Palmer Court Dear Mr. Woods: Enclosed please copies of the Finding of Facts of the Development Review Board meeting on October 3, 2000 (effective date October 17, 2000). Please note the conditions of approval including that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure CITY OF SOUTH RURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 29, 2000 Gordon Woods 104 Church Street Burlington, VT 05401 Re: Marcellino Site Plan, 20 Palmer Court Dear Mr. Woods: Enclosed is the agenda for next Tuesday's Development Review Board meeting and comments from City Engineer Bill Szymanski, the Fire Department and myself. Please be sure someone is present on Tuesday, October 3, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerely, ti Raymond J. Belair, Administrati-2 Officer RJB/mcp Encls 10/3/00 MOTION OF APPROVAL ALLEN MARCELLINO, 20 PALMER COURT I move the South Burlington Development Review Board approve site plan application #SP-00-45 of Allen Marcellino to amend a previously approved site plan for an 8,481 square foot building used for a contracting business and motor vehicle repair. The amendment consists of: 1) a 2,500 square foot addition for contracting business use, 2) converting space used for a motor vehicle repair use to use by the contracting business, and 3) sheds totaling 1,630 square feet for the storage of salt, 20 Palmer Court, as depicted on a three (3) page set of plans, page one entitled "New Addition Site Plan Layout 20 Palmer Court, So. Burlington Vermont 05403", dated May 12, 200, last revised 9/21/00, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The site plans shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised site plans shall be submitted to the Director prior to permit issuance. a) The plans shall be revised to illustrate a Sugar Maple in place of the proposed Norway Maple. b) The plans shall be revised to show all dumpsters screened. c) The plans shall be revised to illustrate water and sewer services. 3. Any new exterior lighting shall consists of downcasting shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. 4. The applicant shall post a $1,305 landscape bond prior to issuance of a zoning permit. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 5. Pursuant to Section 26.105(a) of the Zoning Regulations, the Development Review Board grants a landscaping waiver of $45. 6. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the expansion will generate 2.45 additional vehicle trip ends during the P.M. peak hour. 7. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the occupancy of the new addition and newly converted space. 8. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board. MEMORANDUM To: South Burlington Development Review Board From: South Burlington Fire Department Re: October 3, 2000 agenda items Date: September 22 , 2000 1. Site Plan - Alan Marcellino, 20 Palmer Court Acceptable 2. Preliminary Plat - Fairway Estates, Swift Street Acceptable 3. Site Plan - Chase Properties, 30 & 42 Airport Road The proposed 8,000 square foot addition should be sprinklered MEMORANDUM To: South Burlington Development Review Board From: William J. Szymanski, South Burlington City Engineer Re: October 13, 2000 Agenda Items Date: September 22, 2000 SWIFT STREET PARCEL - SWIFf STREET 1. Swift Street is planned as a main collector street with an 66 foot r.o.w. The existing r.o.w. is 49.5 feet. A strip 8.25 feet in width should be deeded to the City. This may have been done in earlier approvals but this plan does not show it. 2. Electric and phone lines shall be out -side of the street r.o.w. A. MARCELLINO - PALMER HEIGHTS 1. Plan showing water and sewer services shall be furnished for the record plan. 2. Site plan prepared by Gordon Woods Architect dated March, 2000 is acceptable. HOWARD JOHNSON - WILLISTON ROAD - DORSET STREET Site plan phase 2 prepared by Llewellyn - Howley dated 7/13/99 with latest revision dated 8/15/00 is acceptable. CHASE PROPERTIES - 30 & 41 AIRPORT ROAD 1. Property is located on Airport Road not Airport Drive as street No. 1 title indicates. 2. Water and sewer services should be shown. 3. The method of handling storm water runoff should be shown. DEVELOPMENT REVIEW BOARD MEMO OCTOBER 3, 2000 MEETING 10) AL MARCELLINO — 2500 SO FT ADDITION — SITE PLAN, 20 PALMER COURT This project consists of amending a previously approved site plan for an 8,481 square foot building used for a contracting business. The amendment consists of 1) a 2,500 square foot addition for contracting business use, and 2) converting space used for a motor vehicle repair use to use by the contracting business, and 3) sheds totaling 1,630 square feet for the storage of salt, 20 Palmer Court. The Planning Commission previously approved a site plan for the property on August 24, 1993 (minutes enclosed). This property is located at 20 Palmer Court and lies within the I-C District. It is bounded on the south by an industrial/warehouse building and Palmer Court, on the west and north by an industrial/warehouse building, and on the east by Muddy Brook. Access/Circulation: Access is provided via a 25 foot curb cut. No changes are planned. Circulation on the site is adequate. Coverage/Setbacks: The building coverage will increase from 6.2% to 7% (30% max). The total coverage will also increase from 23% to 40% (70%). The front yard coverage will remain unchanged at 30% (30% max). All setbacks are being met. Parking_ The proposed uses will require ten (10) parking spaces and 15 are being provided, including one handicapped space (one required). A bike rack is being provided. Landscaping_ The minimum landscaping requirement, based on building costs, is $1,350. The applicant has proposed $1,305 worth of landscaping for a $45 shortfall. Staff recommends waiving this difference as no additional substantial landscaping could be added for this amount. Staff also recommends replacing the Norway Maple with a Sugar Maple as Norway Maples are a non-native intrusive species. Traffic: ITE estimates that the property currently generates 8.12 P.M. peak hour vehicle trip ends (vtes). The proposed addition will generate an additional 2.45 P.M. peak hour vtes for a total of 10.57 P.M. peak vtes. The estimated road impact fee will be $58.56. Sewer: The applicant has not requested an additional sewer allocation. Lighting: No new lights are proposed. If the applicant wishes to add lights, cut sheets must be submitted for review by the Director of Planning and Zoning. All lights must be downcasting and shielded. Dumpsters: There are three dumpsters currently on the property. One of these dumpsters is currently unscreened. The plans must be revised to provide screening for all dumpsters. No new dumpsters are proposed. 13 COMPUTATION OF TOTAL NON-RESIDENTIAL IMPACT FEES PROJECT DATA: (1) "EFFECTIVE DATE" FOR TAX CREDITS: (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS FORM NR-1 / 7L C, d& fQ_J PrJ llj C-7 Aiwil l 2 ys — vph (3) ESTIMATED PRE -CONSTRUCTION VALUE IN UNITS OF $1, 0 0 0 ( From current tax assessment) -2 Oy Coy units (4) TOTAL FLOOR AREA AFTER COL981 CONSTRUCTION / s.f. (5) TYPE OF USE � � f ��� a �,L �.rffl t �c e (6) TYPE OF CONSTRUCTION IMPACT FEES: (7) TOTAL, ROAD IMPACT FEE (From Form NR-2) $ -9 17 =Off = ,0.5" .5—t=12 — C) �T`-13 = a <)2 FL. COMPUTATION OF ROAD IMPACT FEES (1) BASE ROAD IMPACT FEE RATE PER PEAK HOUR VEHICLE TRIP END $ 226.00 / vte (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS (From form NR-1) G• CIS vte (3) BASE ROAD IMPACT FEE (1) x (2) (4) PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 (from line (3) of Form NR-1) �� 6Q units (5) (6) CREDIT PER $1,000 OF PRE - CONSTRUCTION VALUE - 1991 BOND (From Table ST-9) $ / unit CREDIT FOR PAST TAX PAYMENTS - 1991 BOND (4) x (5) $�S— (7) CREDIT PER $1,000 OF PRE - CONSTRUCTION VALUE - 1998 BOND _ (From Table ST-10) $ 5 / unit (8) CREDIT FOR PAST TAX PAYMENTS - 1998 BOND 2 (4) x (7) $ �l%- (9) CREDIT PER $1,000 OF PRE - CONSTRUCTION VALUE - 1999 BOND Table ST-11) $ tl8 / unit (From (10) CREDIT FOR PAST TAX PAYMENTS - 1999 BOND 3 7•y (4) x (9) $ (11) CREDIT PER $1,000 OF PRE -CONSTRUCTION VALUE - ANNUAL TAX ALLOCATION Q (From Table ST-12) $ / unit (12) CREDIT FOR PAST TAX PAYMENTS (4) x (11) $ (13) POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (From line (8) on Form NR-3) (14) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE - 1991 BOND (From Table ST-13) .!YYJ. /2 units $ d / unit CORM YR-2 (continued) (15) CREDIT FOR FUTURE TAX PAYMENTS - 1991 BOND �y (13) X (14) $ (16) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE - 1998 BOND (From Table ST-14) $ unit (17) CREDIT FOR FUTURE TAX PAYMENTS - 1998 BOND (13) x (16) $ (18) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE - 1999 BOND 7 (From Table ST-15) $ 3 / unit (19) CREDIT FOR FUTURE TAX PAYMENTS - 1999 BOND Q (13) x (18) $ (20) CREDIT PER $1,000 OF POST -CONSTRUCTION VALUE - ANNUAL TAX ALLOCATION (From Table ST-16) $ / unit (21) CREDIT FOR FUTURE TAX PAYMENTS (13) x (20) $ a (22) TOTAL ROAD IMPACT FEE (3) - (6) - (8) - (10) - (12) - (15) - (17) - (19) - (21) $ _S7 9'- _s-6 FORM NR-3 ESTIMATION OF POST CONSTRUCTION VALUE (1) TYPE OF USE (From line (5) on form NR-1) (2) TYPE OF CONSTRUCTION (from line (6) on Form NR-1 (3) TOTAL FLOOR AREA (From line (4) on Form NR-1) (4) ESTIMATED IMPROVEMENT VALUE PER SQUARE FOOT (From Table ST-17) (5) ESTIMATED VALUE OF IMPROVEMENTS (3) x (4) ( 6 ) LAND VALUE x ,� (From current taI jecords) (7) ESTIMATED POST -CONSTRUCTION VALUE (5) + (6) (8) ESTIMATED POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (7) / $1,000 /G fgI s.f. $ 2 S 0 s.f. y qSU, 13, units . 9t /-z eAc� %jr 'O�e,04 2 L. l� „�l'. j 4W ��... ee S. C4, olenl (17� s <;?. / 2- 1 2. ! 5 Ia. s7 An I A )z k I AJ C- c4i C5 6rFt c.E SPA C- �<- 0/3 k Z — 5-, 3- s s fn� To: Applicants From: Sarah MacCallum, City of South Burlington RE: Project Staff Notes Date: September 20, 2000 SP-00-45 Marcellino — Addition, 20 Palmer Court Previous Action: Site plan approval 1993 Overview: The applicant has proposed a 2,500 sq. ft. addition, 1,620 square feet in salt sheds, and four additional parking spaces. Issues: ■ The site plans should be revised to have consistency. Site plan S1 illustrates a bike rack, dumpsters, and all of the proposed parking whereas SP2 and SL do not. ■ Coverages should be updated to reflect the additional parking and salt sheds. ■ All dumpsters must be screened. ■ The applicant should note if the proposed additional will create new positions or additional traffic. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the site plan with the exceptions noted above. Recommendation: Staff recommends that this application be authorized to proceed for site plan approval. No Text No Text 6qr- 0--,-A L` CITY OF SOUTH BURLINGTON AUG 2 2 2000. APPLICATION FOR SITE PLAN REVIEW City of So. Burlington All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application :being rejected and a delay in the review before the Development Review Board. I)OWNER OF RECORD (Name as shown on' deed, mailing address, phone and fax #) )qLAu1 ;p.v G,,t J45 JSq `i; 2) APPLICANT (Name, mailing address, phone and fax #) 3) CON34C7 PERSON (dame, mailing address, phone and fax #) Lc)60 S r <:�' R- 2 6 G Z 4) PROJECT 'ADDRESS: `l o Sy w i L t is 7.., /to AcJ i 5 i-,i i-c 4 l y 5) TAX MAP NUMBER (can be obtained at Assessor's Office) 6) PROJECT DESCRIPTION ,a) Existing Uses on Property (including description and size of each separate use) Clr-,���►� r'�.s;,,x��;�> �7>-f3�ir7 0FT-7i wir-r Awr% 43LIimir4 b) Proposed 'Uses Include description and size of each new use and existing uses to remain) .5,gmc- ;4s 1jea✓L', c) Total building square footage ( roposed buildings and existing buildings to remain) -5ALT ipll(JS S T d) Height of building & riiurvaYer of floors (proposed buildings and existing buildings to rerrain, specify if basement and mezzanine) Ala 646EiS46VZ 6 i67'1AlG' 4.6-72Ahi/X/&' i� L'�F;cc5 �xr5rarc' ©N[= '1cv�rz_. 1&-;l Hr n- F3r�VLi)1ivS = a) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees (existing and proposed): An (1) g) Other (list any other information pertinent to this application not specifically requested above): 7) LOT COVERAGE a) Building: Existing 5,Y % Proposed /, % b) Overall (building, parking, outside storage, etc) Existing % f % Proposed 5AYAC- % c) Front yard (along each street) Existing % Proposed 1AAic % 8) COST ESTIMATES a) Building: $ b) Landscaping: $ / 35e- , ,ft) c) Other site improvements (please list with cost): 9) ESTIMATED TRAFFIC a) .Average daily traffic (in and out): °VG b) A.M. Peak hour (in and out): //d c) P.M. Peak hour (In and out): 10) PEAK HOURS OF OPERATION: 11) PEAR DAYS OF OPERATION: Nv (W-M E- Na Cam-%o&& F 12) ESTIMATED PROJECT COMPLETION DATE: 1 3) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 1 EXHIBIT A SITE PLAN The following information roust be shown on the site plan. Please .submit five (5) copies and one reduced copy (11" x 17") of the site 'plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Scard. Lot drawn tc scale (20 feet scale if possible) Survey data (distance and acreage) Contours (existing and finished) Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations a Location of streets, abutting properties, sire hydrants, existing buildings, existing landscaping Existing and proposed curb cuts, ;pavement, walkways Zoning boundaries Number and location of parking spaces (as required under Section 26.25 of the zoning regulations) • Number and Iccaticn of handicapped spaces (as required under Section 26.253(ad of the zoning regulations) Location of septic tanks (if applicable) Location of any easements u Lot coverage information: Building footprint, total lot, and front yard North arrow Name of person or firm preparing site plan and date Exterior lighting details (must be down casting and shielded) • Dumpster locations (dumpsters must be screened) 13icycie rack as required under Section 26.253(b) of the zoning regulations If Restaurant is'proposed, provide number seats and square -footage of `lcor area provided for patron use but not containing fixed seats APPLICATION FEE 11 New Application $ 60.00* EJ Amendment $ 35.00* * Includes $10.00 recording fee (Apfrmsp) I hereby certify that ail the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT SIGNATURE OF CO -APPLICANT Do not write below this line MATE OF SUBMISSION: REVIEW AUTHORITY.- [� Development Review Board D Director, Planning & Zoning I have reviewed this site plan application and Find it to be: (Apfrmsp) 0 Complete 0 Incomplete Director of Planning & .Zoning or Designee Date City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 14, 1994 Alan Marcelino P.O. Box 195 Williston, Vermont 05495 Re: Certificate of Occupancy, 20 Palmer Court Dear Mr. Marcelino: ZONING ADMINISTRATOR 658-7958 Gordon Woods asked that I inspect your property and issue you a Certificate of Occupancy. One of the prerequisites to issuance of a Certificate of Occupancy is compliance with the approved site plan. My inspection revealed that you are not in compliance with the site plan for the following reasons: 1) The handicapped parking space has not been marked. 2) The two (2) parallel parking spaces located inside the fenced area are unusable because equipment is being stored at that location. 3) The parallel parking space immediately outside of the fenced area is unusable because equipment is being stored in this area. 4) The two (2) dumpster storage areas are not screened by a stockade fence as indicated on the plan. Once the above items have been corrected, I will be able to issue the Certificate of Occupancy. Sin ely, Raymo d J. Belair, Zoning and Planning Assistant RJB/mcp cc: Gordon Woods City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 28, 1993 Gordon Woods 104 Church Street Burlington, Vermont 05401 Re: Office Expansion, 20 Palmer Court Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project which was approved by the Planning Commission on August 24, 1993. Please note the conditions of approval and the requirement that a Certificate of Occupancy be obtained prior to occupancy. If you have any questions, please give me a call. Sincerely, J61- Joe Weith,� City Planner 1 Encl JW / mcp cc: Alan Marcelino PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 November 10, 1993 ZONING ADMINISTRATOR 658-7958 Alan Marcelino P.O. Box 195 Williston, Vermont 05495 Re: Landscaping Bond & Dumpster Enclosure, 20 Palmer Court Dear Mr. Marcelino: This is to bring to your attention the fact that the landscaping bond for 20 Palmer Court expires on 11/25/93. Your 8/24/93 approval from the Planning Commission stipulated that the "existing $3,600 landscape bond shall be extended for another three years". Therefore, please submit to this office, prior to 11/25/93, a landscape bond in the amount of $3600 which will expire three (3) years from now. Please note that additional landscaping is needed to comply with the approved site plan and the dumpster must be enclosed. If you have any questions, please give me a call. Sincerely, Raymo d J. Belair, Zoning and Planning Assistant RJB/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 6, 1993 Gordon Woods 104 Church Street Burlington, Vermont 05401 Re: Office Expansion, 20 Palmer Court Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the August 24, 1993 Planning Commission meeting minutes. Please note the condition that a Certificate of Occupany be obtained prior to occupancy. If you have any questions, please give me a call. SiIWecith, 9,tL J City Planner 1 Encl JW/mcp cc: Al Marcelino l c , 8/24/93 MOTION OF APPROVAL .: MARCELINO I move the South Burlington Planning Commission approve the site plan application of Alan Marcelino for construction of 981 additional square feet within an existing 7,500 square foot building (8,481 total square feet) used for a contracting business and motor vehicle repair as depicted on a plan entitled "New - Site Plan Layout, 20 Palmer Court, South Burlington, Vermont 05403", prepared by Gordon G. Woods, Associates and dated 12/92, last revised 8/19/93, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The existing $3,600 landscape bond shall be extended for another three (3) years to assure that the new landscaping to be planted takes root and has a good chance of surviving. 3. All exterior lighting shall be downcasting and shielded and shall not cast light beyond the property line. Any change in existing lighting or new lighting shall be approved by the City Planner prior to installation. 4. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the expanded space. 6. Any changes to the site plan shall require approval by the South Burlington Planning Commission. (mo-marc) Memorandum August 24, August 20, Page 4 - Planning 1993 agenda items 1993 Lighting: Exterior lighting will consist of four (4) new 250 watt mercury vapor lamps, two (2) of which will be mounted on 20 foot poles and two (2) will be attached to the rear of the building, and two (2) existing 100 watt high pressure sodium lamps mounted on utility poles located along Williston Road. All new lights must be downcasting and not cast light beyond the property line. Other: --- an enclosed dumpster area .is proposed at the northerly end of the site. --- the plan shows a parcel of land Palmer to the applicant. Palmer approval before this parcel can be --- the plan shows that the applicant i adjacent property to the west fro display of recreation vehicles. Mr. that this is a violation becaus obtained. Mr. Roberts must eithe Adjustment and Planning Commission must annex the property through revise the site plan. --- the plan should note that the shaded storage and display areas. to be transferred from A. must obtain subdivision transferred. s leasing a portion of the m Roberts for storage and Roberts has been informed e approval has not been r obtain Zoning Board of approval or the applicant subdivision approval and areas represent inventory 6) A. MARCELINO -- SITE REVISIONS/OFFICE EXPANSION - SITE PLAN This project consists of increasing the office space for a contracting use by 981 square feet and parking and circulation changes. The expanded office space will be constructed within the existing 7500 square foot building with no increase in building size. This building also contains a motor vehicle repair use. This building was originally approved on 3/13/90 (minutes enclosed). This application was withdrawn at the 6/22/93 meeting because front yard coverage was not met. This property located at 20 Palmer Court lies within the I-C District. It is bounded on the south by an industrial/warehouse building and Palmer Court, on the west and north by an industrial/warehouse building, and on the east by Muddy Brook. 4 Memorandum - Planning August 24, 1993 August 20, 1993 Page 5 Coverage/setbacks: Building coverage is 6.2% (maximum allowed is 30%). Overall coverage is 23% (maximum allowed is 70%). Front yard coverage is still not met. Applicant will be revising the plan over the weekend to comply with front yard coverage requirements. Staff will review the plan prior to the meeting. Setback requirements are met. Access/circulation: Access is provided by a 25 foot curb cut on the Palmer Court cul-de-sac. No change proposed to the access. Circulation is adequate. Landscaping: The original landscaping requirement for this project was $3600. The site has $1870 worth of existing landscaping and the applicant is proposing additional plantings which will bring the total value up to the $3,600 requirement. The plantings �,proposed include White Pine, Ward's Yew and Saregent Juniper, A �$3,600 landscaping bond is currently in place which will expire on 11/25/93. Parking: The uses on the property require a total of 10 parking spaces and 11 spaces are shown on the plan including two (2) handicapped spaces. Sewer: No additional allocation required. Lighting: Exterior lighting consists of two (2) 400 watt metal halide lamps and two (2) 250 watt metal halide lamps mounted on the building. Dumpster: Two (2) dumpsters are shown on the site screened with a stockade fence. 7) ROBERT AUDETTE - TAKE OUT RESTAURANT - SITE PLAN This project consists of expanding auto sales and service by 1,000 square feet in the southerly building for a total of 3240 square feet, and four (4) uses in the northerly buildings consisting of 1,000 square feet take-out restaurant, 1,000 square foot real estate office, 1564 square feet of auto sales and service use (used by the business in the southerly building) and 1,000 square feet of 61 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 20, 1993 Gordon Woods 104 Church Street Burlington, Vermont 05401 Re: Office Expansion, 20 Palmer Court Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent to you at an earlier date. Please be sure someone is present on Tuesday, August 24, 1993 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. S n erely, Jo W h, C' y Planner Encls JW/mcp cc: Al Marcelino i GORDON G. WOODS ASSOCIATES rc4 ifech GORDON G. WOODS. A. I. A. BRIAN G. WOODS, A. D. JASON G. WOODS, A. D. BEVERLY M- WOODS SECRETARY a A. D. 104 CHURCH STREET BURLINGTON. VEMONT 05401 TC EPHDNE 002 f;56 2bR2 L , - n j r !C �J L� 6 2O PA LMCQ CQUQTs fee LINe-�TO, V'(; 1 NAIAEn�0EL1No COXAPAA Co v c— I: : Py)I L LING ESo'kSO F, i PU1FACjaiT -(<(z(Nc, CCc r�r -- `2,7Qt- I?ES 3 T A L 0 JVILi)111etr vIC1C�, � t', GrleIN�.-1 e t7 C (-'t Z t's. I `�p i Nm7E .OIL gA4kiouONg Tom' &L Vbiil Fl tal) �47 THE SITE AY THE LOIJ71tOLjv12 . 'ONy EK1c-IZ o11 Pol NT5 IN Ift1ESTIo IJ MUST PiE IZI: w1mb TO THE 4124-HlTtLT fmll D ()ELISIOW P5EFi1LE PIt�-Lt'-EAIW4 / .1VITH THE: WV11K _5�� _� .I 20-NEW -- EXt�TIN4 ><xten►,c E x1sTr uc - 3=razr� 4•N.I. .IOo fTl a.s,W. L O KI p 3 L N I N <i S L U@ 1) U L E -_ P L.2.NT.IN�j L471N -.NONE �WSIi�- kv.�T (vWDl71�+N NUMnkK SYM.. wOI11)S vi-w TJXUS MCI)17 'WOItA I%" 5" 6OLLLD f 15U11LAP Ze d.__ WujjP PIMP PIN U5 19-6w5 INSTOLLk0 vW L-T ISM E-�SWT JUNIPtIt 4ULIIPCIr LYIIJCN SIS SOidENT1 IZ" ZA' 6OLLED 4 WICLOP L. L -..7 ep" BXISTW4 — 2S' ILIST7t1.E(OW L T 1 - IKI 414rC ?Ia1E 3 E 14b.be, W Mp 4TE>Z�i [%1STINA .Mp STecr wDE FGMCE -- - 3LOLE 1 a '��-- I W p p O S S RE-CEIVEP AUG 2 0 1993 City of So. Burlington t J IU oww "n SCALM I II.ILu : - FE"T -�z�- =.Y2wt5GO 8' 'QEtttton .',I�1�j.gD SPR oF P[ihsEo City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 31, 1993 Gordon Woods 104 Church Street Burlington, Vermont 05401 Re: Office Expansion, 20 Palmer Court Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the June 22, 1993 Planning Commission meeting minutes. If you have any questions, please give me a call. S.nc rel Jo Weith, Ci y Planner 1 Encl JW/mcp cc: Alan Marcelino PLANNING COMMISSION 22 June 1993 page 7 Any increase in either outdoor or indoor seating shall re wire Planninq Commission approval. 9. The applicant shall obtain a zoning/buildinq permit within six months or this approval is null and void. 10. The applicant shall obtain a Certificate of OccupancyOqcupAgcy from the Administrative Officer rior to occupancy of the dd.i_tons. 11. Any changes to the site lan shall require approval by the South Burlington Plannin Commission. Mr. Craig seconded. Motion assed unanimosul . 8 1,Site plan apr-lication.of Alan Marcelino for construction of 981 additional sq. feet within an existing 7,500 sq. ft. building and changes to parking and circulation, 20 Palmer Court: Mr, Marcelino said the original plan had a very narrow driveway between buildings. The Fire Chief wanted wider access. They propose to add one handicapped space for the second business to the building. Mr. Marcelino said the original developer didn't do what he was supposed to do, but the current applicant has furnished bonds to the city and has added curbings and will add trees. Mr. Burgess stressed that the Commission doesn't grant variances for yard coverages. Mr, Weith said that when the application was submitted, he advised that they had to meet front yard coverages. The applicant chose not to redo the plan. Mr. Burgess said the Comission has no alternative than disapproving the plan. He advised the applicant it would be to their advantage to withdraw. Mr. Weith said that whatever the applicant does, staff will con- tinue to follow up on the violations. The applicant chose to withdraw the application. As there was no further business to come before the Commission, the meeting adjourned at 10:30 pm. Clerk PLANNING. COMMISSION 13 March 1990 page 3 Mr. Weith said the revised plan addresses some of the Commission's concerns. i Mr. Morwood said this is the second house down from Brookwood. They are showing a gravel parking area until Dorset St. is widened and the city/state will then pave it. If the city/ doesn't pave it, Mr. Morwood said he would. He said theytate will probably keep the metal shed on the property for storage of lawn equipment,, etc. There are 2 curb cuts serving the property. Since the city would prefer there to be only one, they have agreed to share a 20 ft. drive with Budget mObil Homes. This drive will also access the house further down the road so instead of 4 curb cuts, there will eventually be only one. Regarding screening of the adjacent property, Mrs. Maher suggested arbavitae. Mr. Morwood said he would prefer shrubs. Mr. Burgess said he would feel more comfortable if the adjacent property owner were consulted and stated a preference. The Commission felt the abandoned driveway should be grassed over. Mr.. Morwood' stated he is not planning to put lights in the parking lot. Mrs. Maher moved to continue the hearing until the next meeting. Mr. Belter seconded. Motion passed unanimously. 4. Site plan application of Alan Palmer for construction of a 7500 s. ft. building for industrial/warehouse use, lot #4, Muddy Brook Mr. Weith said there are revised plans addressing some of the staff comments. Mr. Burgess said the Commission would reserve the right to make a decision after staff has a chance to review and comment, if necessary. Mr. Palmer said he had moved the building to be further from the right of way' as there were too many parking spaces in the setback. Now there is more grass. Ms. Pugh said she wanted to see a handi- capped space. Mr. Palmer said they are not required to provide one but would be willing to put one next to the building. Members agreed to widen one space for a handicapped space which would cut a little into front yard green space. If other spaces are moved over a bit and one space widened, a variance would not be required. Mrs. Maher was concerned with the steep bank. Mr. Palmer said it t PLANNING COMMISSION 13 March 1990 page 4 is vegetated. There are some blocks across it. He said they weren't going to touch that bank. There will be trees planted along it. I Mr. Burgess noted there will be an on -site sewage system. Mr. Palmer said their plan for this has been approved. Regarding landscaping, Mr. Burgess felt there needed to be a count given and tree caliper sizes provided. Mr. Weith said the location of the dumpster must be shown as well as the location and type of lighting. Mr. Burgess noted the Commission would stipulate no outside storage be allowed. Mr. Austin moved the Planninq Commission approve the Site Plan ap- plication of Alan Palmer for construction of a 7500 sue, ft. building for industrial/warehouse use as depicted on a plan entitled "Site Plan for Lot NO. 4 Mudd Brook Industrial Park, Palmer Heights, South Burlington, Vermont," prepared b Palco Ltd., and dated 1/31/90, last revised 3/9/90, with the following stipulations:- The_a2plia.9t shall Post a $3,600, 3-year landscaping bond prior to Permit. The landscaping plan shall be revised to indicate the size of _Proposed plantings. 2. The plan shall be revised' prior to permit to show the following_ - a)location of__dumpster, which shall be adequately screened b) location an_d_type of site lighting. All lighting shall be downcast luminare -- 3. The applicant shall contribute $99 to the Williston Road Im- provement Fund (Area #2) based on the 10 peak hour tip ends to be enerated-by-this_project_ -- — 4. Plans -for an _on -site sewa`g, disposal system shall be submitted to the Cit En ineer for a --`--�----- --- _�'9pp roval p r i o r t oge r m it. 5. The plan_ shall_ be revised to show a handicapped Parking space in the southeastern_parkinq area. 6. There shall -be -no -trailers used for storage on the site. 7. A _revised _plan _addressing the stipulations _above _shall _be, submitted to -the Cit Planner for a rovalprior to permit. 8.-A- building_ permit_ shall_ be obtained_ within 6 months or this null and void. ------------------- approva--is_-__-_ __ t PLANNING COMMISSION 13 March 1990 page 5 . Mrs. Maher seconded the motion which passed unanimous) 5. Sketch plan application of Alan Palmer for construction of a � 10 unit planned residential development on approximately 4 5 acres, 1001 Dorset Street Terry Krinsky said the property is below the road into Indian Creek. There are 2 options. A more traditional layout or a cluster plan. Mr. Weith noted that the City Engineer and Mr. Audette felt the cul de sacs were too tight. Mr. Krinsky said there would be 2 curb cuts on Dorset St. The cluster plan would give more open space and leave more land around the historic brick house. He felt the cul de sac radii meet all standards for fire vehicles, etc. The plan is to connect with the Indian Creek sewer. The traditional plan would have a 60-foot right of way, water main looped to Indian Creek, and a larger distance between buildings. There will be a storm water detention pond. Mr. Palmer said they would prefer to keep the cul de sacs private and they would plow them. Mrs. Maher noted that one day people would still ask the city to do the maintenance. Mr. Austin thought the cul de sacs were`attractive. Mrs. Maher preferred the safety feature of the straight road. The question of allowing 10 units was raised. The allowable range is 8 to 9.8. Ms. Pugh preferred 8. Mr. Austin and Mr. Burgess preferred 9, and Mrs. Maher and Mr. Belter would allow 10. Mr. Palmer noted there is an access agreement to use the Indian Creek Road for this property. There is a provision that this developer would have to upgrade the first portion of that road and dedicate it to the city. Ms. Pugh felt tha't Natural Resosurces people should look at the plan because of the wet area. r A majority of members preferred the straight road. Mr. Burgess would accept either. 6. _Sketch _plan _application ofF_E_PAssociates for conversion of a 24,000 _sg. ft, building (Age)-Corman_BuildiE2) to variety retail use,_518 Shelburne Rd. -- ` Mr. Carroll said the building has ownership of only the land under it and immediately adjacent to it. He said they would not change the 2nd floor office use. The retail space to be developed is 14,500 to 15,000 sq. ft. Mr. Austin said he would want to know the exact allocation of non- GORDON /G. WOODS ASSOCIATES ��trcAi Tech GORDON G. WOODS. A. I. A. BRIAN G. WOODS, A. D. JASON G. WOODS, A. D. BEVERLY M. WOODS SECRETARY s A. D. 104 CHURCH STREET BURLINGTON. VEMONT 05401 TELEPHONE 802-658-2662 Ey �� AS 4�MLT_511E FLAP LA\/Cur _._. 84uIP1,xENT PAQ141MC. �►,a�a 5� , GAS;/ pA« let wc it Ormjvts= ( 1, -4 f s �- 5rt07O 2. l `j ACRES 76TAL Le T CCU Q ACI ES = 2 `Z,l o`° City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 13, 1993 Gordon Woods 104 Church Street Burlington, Vermont 05401 Re: Office Expansion, 20 Palmer Court Dear Mr. Wood: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Zoning and Planning Assistant Encls RJB/mcp cc: Al Marcelino Preliminary Memo - Planning August 24, 1993 agenda items August 2, 1993 Page 2 PETE'S RV CENTER - WASH BAY ADDITION - SITE PLAN --- the triangular shaped parcel at northwest corner of property can not be transferred to the applicant until Palmer obtains subdivision approval from the Planning Commission. Until such time as this small parcel is merged with the applicant's property, the relocated building will not meet the setback requirements. The plan is not acceptable as submitted and must be revised to eliminate this parcel from the plan. The revised plan must be submitted as soon as possible to maintain a place on the August 24th agenda. --- provide front yard coverage percentage. --- the island in the access drive should be shown. --- provide planting schedule for all new plantings, minimum landscaping requirement is $600. --- the site plan approved in 1988 for this property showed 36 spaces, the plan submitted shows only 16 spaces. The parking standards require a minimum of 23 spaces. - all areas to be used for storage or display must be shown on the plan and labeled as such. Any green area used for storage or display must be counted as covered area for overall coverage calculations. --- plan should show all existing landscaping. --- not all the landscaping approved and required as part of the 2/2/88 approval has been planted, all missing plantings will be required to be planted as part of this project. --- dumpsters must be screened and shown on the plan. --- the adjacent property to the west owned by Roberts is being used for vehicle storage and display without approval from the Planing Commission. Since this use is a conditional use in the IC district, approval must be obtained from both the Zoning Board of Adjustment and Planning Commission. A. MARCELINO - SITE REVISIONS/OFFICE EXPANSION - SITE PLAN --- provide overall and front yard coverage percentages. --- indicate size of additional Pine trees to be planted. BURLINGTON INTERNATIONAL AIRPORT - PERIMETER ROAD - SITE PLAN --- Army Guard Road should be changed to Air Guard Road on all sheets. This is the name used on City maps. Memorandum August 24, August 13, Page 2 - Preliminary 1993 agenda items 1993 CHINESE FOOD TAKEOUT RESTAURANT - 1900 WILLISTON ROAD The restaurant shall be equipped with a grease grit trap. Trap shall be located where it is accessible for cleaning and pumping equipment. Plan of the trap shall be submitted for approval. Trap shall be in place prior to occupancy. A. MARCELINO COMPANY - PALMER COURT Plan SP1 prepared by Gordon Woods dated December 1992 with latest revision dated 7/19/93 is acceptable. §§autb ��urln��ngtvn ��/��- �� �����rpa�ment . 575 igurtici t7trect ��vntb ISur/ington, lMermunt L15403 FAX: (802)658-4748 (eou)oom'ryno TOi SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE REi TUESDAY AUGUST 24 AGENDA ITEMS DATE: FRIDAY AUGUST 13,1993 1. BURLINGTON INTERNATIONAL AIRPORT PROJECT 06-9313 NEW ENTRANCE AND SOUTH PERIMETER ROAD THE PLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND i6iS i^`h 1 al NOT FEL" ...L! ...'"uuLl) ~ILA. c'iQ;­\ EMERGENCY PROTECTION OR SERVICE. 2./ R&A AUDETTE PROPERTY CHlNESE TAKE OUT 1900 WILLISTON ROAD ' AT THIS TIME I DO NOT SEE A PROBLEM WITH GIVEN EMERGENCY PROTECTION BUT BECAUSE OF THE CHANGE IN THE USE OF THE BUILDING THEY ARE REQUIRED BY STATE LAW TO HAVE PLANS REVIEWED BY THE DEPARTMENT OF LABOR AND INSDUSTRY TO MAKE SURE IT MEETS STATE COVE. 3. A. MARCELINO 20 PALMER CIRCLE 'PLAN HAS BEEN REVIEWED AND AT THIS TIME I DO NOT SEEjA PROBLEM FOR EMERGENCY SERVICE. 4 SO. BURLINGTON RECYCLING FACILITY ' PATCHEN ROAD PRO3ECT #2V129.02 AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT WHICH WOULD EFFECT EMERGENCY PROTECTION 5 PETE'S RV CENTER � PROJECT # 92047-50 4016 WILLISTON ROAD THE PLAN HAS BEEN REVIEWED AND AT THIS TIME I FEEL WITH THE CHANGES MADE IT WILL WORK OUT BETTER FOR . EMERGENCY EQUIPMENT TO SET UP INCASE OF AN EMERGENCY IF NEEDED. 1 � CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) 2) APPLICANT (name, address, phone #) �6Z�63o� 3) CONTACT PERSON (name, address, phone oS'�f�ij-' 4) PROJECT STREET ADDRESS: 5) LOT NUMBER ( i f a]p icable)* 6) PROPOSED USE (S )_ft 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) 8) NUMBER OF EMPLOYEES 9) LOT COVERAGE: building %; landscaped areas % building, parking, outside storage % 1 U ) COST ESTIMATES: Buildings $"� �� �`" , Landscaping $_ Other Site Improvements (please list with cost) $ 1 1 ) ESTIMATED PROJECT COMPLETION DATE: 45 12 ) ESTIMATED AVERAGE DAILY TRAFFIC ( in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. 2-3 p.m. 3-4 p.m 4-5 P.M. 5-6 P.M. 6-7 p.m. 13) PEAK HOURS OF OPERATION: 14) PEAK DAYS OF OPERATIO jv','c, / % A; DATE OF SUBMISSION DATE OF HEARING PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible.) Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. Existing and proposed curb cuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to of greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 18') with 22 or 24 foot aisles as required. Number and location of compact car spaces. (This requires sepa- rate Planning Commission approval). Number and location of handicapped spaces as required. (13 feet by 20 feet in size, one per every fifty spaces).. Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking and outside storage, and landscaped areas. Location of site (Street # and lot #). North arrow Name of person or firm preparing site plan and date. E A AiM./, . 1" fT, 4, v, W. ��I T7n a TYJi INe \4Mr PeNC? LAA1I>Sc6jalhlA( S 4 bIGOU L6 pLA NTI WsI LATIN NAM& y)Ic 1(aa7 LOWI v-lj WUMSYK )YN.. W440% VEW TAXU0 MtWo 'WAIi(1' 11 Ni ►ALLt7 % hUl[LAP Z+ e WWI Tv pnoo- /INNS )T1t+ryV! IWOTALL4D oW LoT S 4 �n¢gveNT AUWI/fli .Ju41Pt1( G411WeW)IS 'M!I►NT1 IL" SAS 60LLtD � NUKLA/ 4 L .MOPI•AI !XIlTWG — Zd' IN)TALLE4 PW t— 1 (� k�NITC aINFT_ - s � W-Ti: : ALL nIMtMSWWs T4 bk vra1E1MA T Twk SITa 4Y Tut LP14104701t . AYv Elcic—a •1c I NTs 10 4u"TIO"4 uusj ht lathIC1166 T,a., TNk Algwilk4T DIt4111aP1 5"WWJ0 _..v1Lt4r1(A1W4 WITH Tut W✓ITK .-- '`�—tom' = ' —�'---r-.•_ IA PPIV A P W D S RECEIVED JUL 2 0 1993 _ o L __ City of So. Burlington I JIU ow�wN I 1)ec, 14-1 �a•u I IIJGtJ _ ,. pEtj JOB NO. MDR Pcolst u O/ ..a.— ��Z/93 �� �f _. Ye� �. ` � LEV) .o��- Memorandum - Planning June 22, 1993 agenda items June 18, 1993 Page 9 Other: The proposed fire hydrant located adjacent to the Greer property must be installed. 7) A. MARCELINO - SITE REVISIONS/OFFICE EXPANSION - SITE PLAN This project consists of increasing the office space for a contracting use by 981 square feet and parking and circulation changes. The expanded office space will be constructed within the existing 7500 square foot building with no increase in building size. This building also contains a motor vehicle repair use. This building was originally approved on 3/13/90 (minutes enclosed). This property located at 20 Palmer Court lies within the I-C District. It is bounded on the south by an industrial/warehouse building and Palmer Court, on the west and north by an industrial/warehouse building, and on the east by Muddy Brook. Coverage/setbacks: Building coverage is 6.2% (maximum allowed is 30%). Overall coverage is 23% (maximum allowed is 70%). Front yard coverage is 45% (maximum allowed is 30%). The front yard coverage was met on the original site plan approved in 1990. Applicant must either revise plan to meet the requirement or obtain a variance to exceed the coverage. Setback requirements are met. Access/circulation: Access is provided by a 25 foot curb cut on the Palmer Court cul-de-sac. No change proposed to the access. Circulation is adequate. Landscaping: The original landscaping requirement for this project was $3600. The site has $1870 worth of existing landscaping and the applicant is proposing additional plantings which will still be $800 short of the original requirement. These additional plantings consist of Ward's Yew and Sargent Juniper. The applicant has indicated that the three (3) existing White Pines are eight (8) feet in height. Only one of the trees are this height, one of the trees is dead and the other one is only four (4) feet high. Parking: The uses on the property require a total of 10 parking spaces and 11 spaces are shown on the plan including two (2) 9 a Memorandum - Planning June 22, 1993 agenda items June 18, 1993 Page 10 handicapped spaces. All parallel parking spaces should be at least 22 feet in length. Sewer: No additional allocation required. Lighting: exterior lighting consists of two (2) 400 watt metal halide lamps and two (2) 250 watt metal halide lamps mounted on the building. Dumpster: Two (2) dumpsters are shown on the site screened with a stockade fence. BRET KERNOFF - ACCESSORY BUILDING EXPANSION - SITE PLAN At the last meeting, the Commission decided to deny the above referenced application for reasons of trip generation and parking constraints. The meeting was continued in order to -give staff time to draft a denial motion. Since that meeting, there has been a significant amount of discussion between the applicant, planning staff and zoning staff. Based on this discussion, it appears that the review by the planning commission and zoning board has not been consistent. The planning commission has been reviewing an addition to an accessory structure. The zoning board on the other hand did not view this structure as "accessory" since it is to be used by a new business not related to the existing primary uses on the property (i.e., video store and apartments). Since the zoning board viewed this as a new use on the property, they reviewed the application as a conditional use for multiple uses on the property. The only way the planning commission can approve this application as currently noticed is to require the lots to be merged. The structure would then be located on the same lot as, and therefore be truly "accessory" to, the principle building and uses on the lot (i.e., Gigabytes and Mooseshow Productions). Merging the lots would address the parking concern, however, the concern regarding traffic generation would still remain. If the Commission reviews the application as a new use on the 1197 Williston Road property, as did the Zoning Board, the concerns regarding traffic and parking still remain. The Zoning Board approved the applicant's request to construct a second story addition to an existing storage building and occupy the expanded building as "an office area and storage space". The applicant 10 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 18, 1993 Gordon Woods 104 Church Street Burlington, Vermont 05401 Re: Office'Expansion, 20 Palmer Court Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent to you at an earlier date. Please be sure someone is present on Tuesday, June 22, 1993 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Si c rely, Jo Weith, City Planner Encls JW/mcp cc: Al Marcelino =1 A INMLK151L.145 15L ALL T, VLVI PI krp A t TH I- SITE 5v T W L- 61101`1047-19 ON4 Ettllalt o1L PINTS IN VUL5TIvK1 mu5T F5L IZLFHCIcE1,> T-' TPL- 'IC4wITL4T F-11 4 r>L6151v1-j gLF-Iru FV-41,W)11-461 ItA tS�WITH THL W—ICK., M.. 25— a L61, EX I I T I IV el 1-5 U 1 4 1) 11-4 /1 I it A 3 T—r —r 64w, k04L L I T m U Vr,",q U'd `. nclrcfNyY DUI L D I NC 1 so V S6 7,5-de) I F E" -. )AT APC4 Z I q ei 2, 74 AI VC, RECOVED 7z" JUN 14 1993 City of So. Burlington -Ieevlsvr4 C-I1-s3 (2601SCO . A— I }DI FYI) rI PIN4 71(kk5 / y NC1u ti CGN L C.��W0. Si•GKAOL PLJGL .NEW IUAAD / eNmn-LIw1L Tewcf ��e A 4LL 1)IMkNSI�N3 Tu Vkl<Ifi kl> ro•4 OT TNb JITk by THE LoNTI(04Ta14,. AWV tl(Ii�ll o1L 1°�IWTS I cpU45TIvN MUOT bk IILFW'J'Lt15 10 114k OI(LUIjL;q F>IL D Ob4mc'N *L-"rL- fK�cLL1)1W6 WITU TNIr W1106. L A N D S C A p I N a 5 c L 0 V L E PL A w 1 1 kI4 LATIw NAML PLAj AT. 1ROOT C•NDITIOw NU.Isfe SYM. u/AaD S YEW y _ igxu5 >cenlA wAan - -- 12" 8L" �ALLC,1 d &(ZLAP -- Zo A Lovkwkb - PkITLtw7 IS- y 50 W N I t c P I N L P I LA U S 5 T a 0 0 0 L I NSTALLE , Orl LOT .3 $ vLp,11TEL SAIWvAN'T J4HIPCE JuNIOE" CIOWCNSIS SAR0CNT li" 1.L" RALLf1•, R4f1LAP to c I:jU1PML-NT {OKI(INl1 ; d.�mo 5•f• y G.5 r ---- "-^- --- - as' INOTALLf•� ON Lo '-"-" 1 _ .-� PLANTW �OICKIWI f 1)KIVCS IZ ,55.>• S• 1 f Io's x - - LdT 01[60 IZI,U:>S S,P• ' - - 2.71 ducts TOTAL LOT GGVLn(OLd, 13,0 BUILDIWGI nKlVts fPolTltnrcl LllctkN 01it0 7.1, A ` 0j,'� - ----- q __ $E PIArfc A¢LA s A76o S,F 4411E z T f `Sow `"� © s'69' AT rucsra4 t 344 3• 1% daEFI -O .. � . N• L, / � Qi P.II-(Y�� M.N. �(A'fA� CA ® •M.K - C - / (/ _. TO A jHDUL4 HP(!f 9-?,94G -5•F !.,KEEN L A t 4 T 5 2 A •, F. / t,T s T Lw LI b U I L.p I N /1 �400w HA�IGi b /1 w L- aaA s s 2 �J - 1 tz _)�... fJtl lTIN4 , I f . r . ' W5, STeG KA SE Pence ,. 1 ,, ✓,.y-.✓ _.,. f,....v.. f.. Y_ �.-..r. /. f- --i- I'ti r ,.-. ,ram, , f v' ril ---% � v � / , f v ,�.... r._.v .,_ .v.-. f-' .,. ✓ \- L D A L o p w r .• r� 4 �= ^ P N R o k• `woe o s� o� ILL'%J --�= I JUN 1 71993 City of So. Burlington f I T E 1' L n- KJ — L 4 hl 0 S L 3 Ip I N e, 70A sr!) 4- I'L -C) 3 WISCO A-dO-'5, 14VI501 4-z7-A+S Imv I510 Z-11-9+s Kkvl5tl) 1-1-75 K6VIOtp IZ-i•�-YZ ❑a,.wN JuI cH•crr❑ nr■ •N•rr ���'FUNO �0117 4�t,,.rX4 -1 ,3,08 C�-87V 1� F,��.��P= s3sa� ;�,���cc� �S. �1S %v x rcr� = 2S�a� %��x tot r s3.1%awd' 13- �73 k--4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 June 1, 1993 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Office Expansion, 20 Palmer Court Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please respond to these comments with additional information and/or revised plans no later than Friday, June 11, 1993. If you have any questions, please give me a call. Sinc ly, Raymond J. Belair, Zoning and Planning Assistant Encls RJB/mcp cc: Al Marcelino Preliminary Memo - Planning June 22, 1993 agenda items June 3, 1993 Page 2 A. MARCELINO - SITE REVISIONS/OFFICE EXPANSION SITE PLAN --- front yard coverage must not exceed 30%. Staff calculates front yard coverage to be 53%. Plan must be revised to comply with this requirement. --- the applicant needs to demonstrate that there has been a change in conditions to justify the requested changes and to justify the Planning Commission's reconsideration of the site changes. This issue should be addressed in writing and submitted to staff. --- provide exterior lighting details. --- plans should indicate that project is located at 20 Palmer Court not 4050 Williston Road. --- staff calculates existing and proposed landscaping to be $800 short of the $3600 required. Additional plantings should be proposed to meet the minimum requirement. RALPH GOODRICH- OFFICE BUILDING - SITE PLAN --- applicant should provide, building elevations for all four (4) sides showing both pre -construction and post -construction grades. --- it is staff's position that the access to the project is within 300 feet of the Hinesburg Road/Kennedy Drive intersection. The property is therefore subject to the traffic limitations of Traffic Overlay Zone 1 which limits P.M. peak hour trip ends to 23. The proposed 26,000 square foot office building is estimated to generate 68.9 trip ends. Since the number of proposed trip ends far exceeds the number permitted, staff recommends that this project not be approved by the Planning Commission. --- staff suggests that the project be scaled back to not exceed the trip end limit, relocate the access at least 13 feet further away from the intersection to then be in Traffic Overlay Zone 5 or change the proposed use to one that doesn't generate so much traffic such as residential. FARRELL - DRIVE -UP BANK - O'DELL PARKWAY - FINAL PLAT --- submit catalog cuts on the replacement building mounted lighting. --- pavement marking placement detail on sheet C-7 does not take into account the bike lane. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments June 22, 1993 agenda items Date: June 1, 1993 O'DELL PARK OFF SHELBURNE ROAD 1. Road gravel base shall have a thickness of 18 inches not 14 as plans show. The details on page C-7 do show the gravel base as 18 inches. 2. City street lights shall be acceptable to Green Mountain Power who will maintain them. 3. O'Dell Parkway must terminate with a gravel turnaround for maintenance vehicles especially plow trucks. The entrance to Bambino's is not adequate for that purpose. 4. Island and speed signs shall be installed. 5. Plan should show a detail of the traffic island. It shall be concrete. MARCELINO COMPANY, 4050 WILLISTON ROAD (PALMER CIRCLE 1. Plan SPL revised 4/30/93 prepared by Gordon Woods is acceptable. PROVENCHER SUBDIVISION, CENTRAL AVENUE The 5 foot easement should be restricted as to use so as not to interfere with the maintenance of that side of house number 41. JUDGE DEVELOPMENT, 100 DORSET STREET Plan prepared by Dunn Associates dated March 1992 is acceptable. TO; FROM; DATE; RE; 2. 3. 4. SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE WEDNESDAY MAY 26,1993 TUESDAY JUNE 22,1993 AGENDA ITEMS MARY M. PREVENCHER PROPERTY LOT #41 & # 43 2-LOT SUB -DIVISION QUEEN CITY PART, t-1 i TH I S 1 I. NE I DO NO i 5LL A PRUBLEM W I I H i HE 2-LU I SUB -DIVISION WHICH WOULD CHANGE OUR SERVICE. A. MARCELINO CO. INC. 4050 WILLISTON RD. PLAN HAS BEEN REVIEWED ON THE PARKING AREA AND DO NOT FEEL IT WILL CHANGE EMERGENCY SERVICE. AS FAR AS THE CHANGES INSIDE THE BUILDING MR. MARCELINC IS REQUIRED TO FILE_ PLANS WITH THE DEPT. OF L_ABOP AND INDUSTRY TO MAKE SURE THE CHANGES MEET STATE CODE FOR SAFETY. R.B.G. OFFICE BUILDING 625 HINESBURG ROAD 1HE PLANS WERE REVIEWED BY THIS OFFICE AND THE FOLLOWING MUST BE CORRECTED FOR EMERGENCY PROTECTION; H A[)t)'.l) AT Al_C11 ATT(i1! F?F�P,, CVED HY THIS OFFICE.. B. THE BUILDING OVER PARKING AREA MUST BE 14 FOUT HIGH TO ALLOW EMERGENCY EQUIPMENT UNDER IF NEEDED TO GET AROUND BUILDING. O'DELL PKWAY PROPERTY PROJECT # 93108 PLAN HAS BEEN REVIEWED AND AT THIS TIME ALL CORRECTIONS HAVE BEEN MADE FOR EMERGENCY PROTECTION. -. 100 DORSET STREET JUDGE DEVELOPMENT CORP. PLAN REVIEWED BY THIS DEPARTMENT AND THE FULLOWI11 CHANGES ARE NEEDED; A . HYDRANT ON SUIT I Fi END OF PRUPEH I Y ON DORSE I STREET MUST BE RELOCATED IN A LOCATION APPROVED BY THIS DEPARTMENT. B. A HYDRANT IS TO BE INSTALLED ON THE BACK SIDE OF THE PROPERTY BETWEEN THE TWO BUILDINGS AT A . � , . .. I ' i I . l._ '✓ . _ .:.J r I 1 .... ...i : i. � .. i i.__ f L_. I-t I V tJ I-'; 7wf- OFFICE BUILDING ON CORPORATE WAY WHICH IS PART OF THIS PROPERTY NA'i HYDRANT WHICi-i IS PART OF BOTH PROJECTS. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 May 17, 1993 Alan Marcelino P.O. Box 195 Williston, Vermont 05495 Re: Office Expansion, 20 Palmer Court Dear Mr. Marcelino: ZONING ADMINISTRATOR 658-7958 This is to confirm that the proposed 981 square foot office expansion at 20 Palmer Court must be reviewed and approved by the Planning Commission. You are currently scheduled for a review with the Planning Commission on June 22, 1993. A zoning/building permit can be obtained for this office expansion once the site plan has been approved. If you have any questions, please give me a call. Sinc ely, c� M7 Raymond J. Belair, Zoning and Planning Assistant JW/mcp cc: Gordon Woods CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1 1 OWNER yOF RECORD (name, address, phone # ) , L�61 lc3''3 sZ,N VT e5 +V) 2) APPLICANT (name, address, phone 3) CONTACT PERSON (name, address, phone # ) (os'o - Z662 G; l� OUI-iD 4) PROJECT STREET ADDRESS: 4,96 AIJLLfS7d>d /20.4 iV L9,rf4 ROIL JNy7rjui kr. DS yv2 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) J 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) 8) NUMBER OF EMPLOYEES 5' 9) LOT COVERAGE: building C-: %; landscaped areas 7 7 % building, parking, outside storage%` % 10) COST ESTIMATES: Buildings $ Landscaping Other Site Improvements (please list with cost) $ 2aDD, ` AN7�a �Y� b7� $ o FIL,ija7L-U 11 ) ESTIMATED PROJECT COMPLETION DATE: As stirs/v AS *55 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) - Estimated trip ends (in and out) Monday through Friday 11-12 noon ; 12-1p.m._ 3-4 p.m. 4-5 p.m._ 13) PEAK HOURS OF OPERATI" 14) PEAK DAYS OF OPERATIO AlIAy DATE OF SUBMISSION DATE OF HEARING during the following hours: ; 1-2 p.m. ; 2-3 p.m. ; 5-6 p.m. ; 6-7 p.m. Kh Ur AFYLICAN'l PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible.) Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. Existing and proposed curb cuts, pavement, walkways. Proposed landscaping plan (ntimber, variety and size) equal to of greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 18') with 22 or 24 foot aisles as required. Number and location of compact car spaces. (This requires sepa- rate Planning Commission approval). Number and location of handicapped spaces as required. (13 feet by 20 feet in size, one per every fifty spaces). Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking and outside storage, and landscaped areas. Location of site (Street # and lot #). North arrow Name of person or firm preparing site plan and date. OA - �irrOt �1 /IN4 TRtrYD f.. G `� 7y iJflIT IIYh h1t KINt1 4 C� K.f NL `� r , ` 1 DU MpDTIISS � FJU frI N4 Vi C. 57Bcwh" t'LIUF I r 1 •ALOAD�LD ,, �.� / Pu n�1TLL ,xISTIN4 1..T� ICMA,N-LINT •LNa! • - -- ` L Q U% P M L w T LA j 5T LIJ.CC ' b.UI LDI N/I. L A NOS 4 A P 1 IJ G PLA NTI wa L.AT1N MAML~— v4A¢D�S YEW TAI<U, M041A'WAVD'� W K it c P I w L P l w u l 5 T a a& U I SARGFANT JYµIPCL JW41PNT 414MCNSN SACACMT AAAOIC- rxlsrl ia .ALL .ALL MML-N.SIv143 To " VLICIFIL-1) AT TNL lIT6 FJV TNL- LoWT1iALTPIt. ONV kICNlIC o14 ('•^INTt, IIJ CjULSTI-PN MUlT Fik ICL•fi1t1CL-q To TNk AICG14ITk4T Pvil A 0EL1m(.710 IbLFMrL- PIhL LLot N4 __.._.. ._._.. �._ WITH TNk WsItK . _. 3 C 14 L D U L L ty *IL yAT, ROOF CONDITION NUMpL4 SV 12, U. tALLC$44f:I)ICLAP Zo A IN3TALLFO oN LOT j ) C 4S' IN4 TAL LFd a La 4'Vk1(64L-5 : . PWTLLNT FiUILI)INtI So - 7S•�:� l,f. 4 %. VLA�ITe4 , 1$- ! y k-fU1PMONj {AKKIWCI A— 5•f. 61,5 P PLANA`A QAICKINOI a D111vLS IZ,SSa S,f, 10,5 Loj OICtA 121,4 71 l,f. Z.71 TOTAL LOT 40VE1164E ; 23.0 BUILDIN<I 1 DKIVi) f /AITKIWCt CIICkkN AITEO 77,0 74. reI, or 1►ANICv f . ✓ .r-✓1-^. -r'`" `- L D g L a F W r• e S F. P P R o k. CWD.�,1 1A`.♦ ECEIVED MAY p 5 1993 I T E ILI L-A NJ — L 4 Nl 1) G 4 P I S IJ ll �LALL: x 7 '------- City of So. Burlington. VCJ1$ C 0 A- ,o-ts IPL1/15kA d-zt-'+� ITkvI SLo 2-11-It lmvllkl) 1.-.1-IS KLV13kD IZ-".Itz OMAWN CMLCK�O OAT■ A c., 199'L CALL I lucN = 2� fr�T JO■ NO. 423� a�uT SpILJ u Ne- u/ On LNG■YL 111, PALMER, Alan Lot #4, Muddy Brook Park 20 Palmer Heights Area zoned I-C District. Section 13.10 Permitted uses - sub section 13.108 allows contractors. Section 13.20 Conditional uses - sub section 13.205 Automotive repairs. Section 19.65 Multiple uses - sub section(a) two or more separate uses (Section 19.05 Conditional uses). Structure 50' x 150' - 7500 square feet proposed - 5000 square feet general contracting and 2500 square feet automotive repair d.b.a. Marcellino General Contractor and Dave's Auto Repair. Lot contains 2.09 acres with 120 feet frontage. Memorandum - Planning March 13, 1990 agenda items March 9, 1990 Page 3 Density: Maximum allowable floor area ratio (F.A.R.) is 0.5. Proposed F.A.R. is 0.16. Landscaping: No landscaping is technically required since no construction is proposed. The Planning Commission may want to consider plantings or a stockade fence along the rear property line to adequately screen the parking lot from the residences to the west. Traffic: This property is located in Traffic Overlay Zone 6 which allows 8 peak hour trip ends. Based on I.T.E. data, this use would generate 3 - 4 peak hour trips. 5) LOT 4. MUDDY BROOK Alan Palmer proposes to construct a 7500 square foot building for industrial/warehousing use. The property is zoned I-C and is bounded on the south and west by industrial/warehousing uses and on the north and east by Muddy Brook. There is a steep bank down to Muddy Brook. Setbacks/coverage: Side and rear yard setbacks are met, however, the front yard setback is not met. Required setback is 40' and the plan shows the southwest corner of the building within 31 feet of the front property line. Building and total lot l ���V�Td�.� is ml��, �1l;�wt?v�rl , �� t-1ri� yr4:v.d coverage is not met. The plan shows front yard coverage well over the 30`/o maximum allowed (approximately 85%). Access/Circulation: The property would be accessed by a 30 foot wide drive. Circulation is along the south, west and north sides of the building and is adequate. Parking: The proposed use requires 10 parking spaces based on 1200 square feet of office space and 8 non -office employees. The plan shows 17 parking spaces including one handicapped. There is a large gravel loading zone in the rear for company vehicles. Landscaping: Required landscaping value is $3600. The plan shows new locust, white pine, maple, rhododendron, crab- apple, mugho pine, and yew. The landscape key does not indicate the proposed sizes of rhododendron, crabapple, dwarf mugho pine and yew. I,assumed the following respective sizes: 18" - 14", 2 1/2" - 3" caliper (heavy transplanted tree), 18" - 24", and 2' - 2 1/2 feet. Based on the sizes listed and my assumptions, the plan meets the required value. The landscaping key should indi- cate all the proposed sizes. 3 Memorandum - Planning March 13, 1990 agenda items March 9, 1990 Page 4 Traffic: Based on I.T.E. trip rates, (warehousing, code 150) this use would generate 10 trips during the peak hour. The applicant shall contribute $99 to the Williston Road Intersection Improvement Fund (Area 2). Sewer: A sewer allocation of 180 gpd should be granted based on an estimate of 8 employees. 6) PALMER, 10 UNIT PRD, DORSET STREET Alan Palmer proposes to construct 9 single-family homes on a 4.9 acre parcel which currently has a single-family home, thereby creating a 10 unit single-family PRD. The parcel is zoned R-2 and is bounded on the north by the Indian Creek entrance drive and a single-family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east. by Dorset Street. Density: Maximum density range for this parcel is 8 to 9.8 units. Lower end of the range is determined as follows: 4.9 acres - 5400 square feet of wet area - 15% for roadway x 2 units per acre = 8 units. The upper end of the range is determined as follows: 4.9 acres x 2 units per acre = 9.8 units. Layout: The plan shows two separate clusters; one cluster of 4 homes, and one of 6 homes. Access: Each cluster would have its own access off Dorset Street. The City's Public/Private Roadway Policy requires these clusters to be served by public roadways. I am concerned with the number of curbs cuts on Dorset Street while Sonny Audette and Bill Szymanski are concerned with the tightness of the cul-de- sacs. The applicant has informed me that he is willing to take a look at a loop road connecting the southern -most access to the existing Indian Creek access. This results in no increase in curb cuts and also meets Sonny's and Bill's concern (see Sketch A for "Loop" concept). 4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 8, 1993 Alan M.E. Marcelino, President A. Marcelino and Company, Inc. P.O.Box 195 Williston, Vermont 05495 Re: Coverage Changes at 20 Palmer Court Dear Mr. Marcelino: ZONING ADMINISTRATOR 658-7958 A recent inspection of your property at 20 Palmer Court revealed that you have paved over a portion the lot which was to remain green. Enclosed is a copy of a portion of the approved site plan of your property and how it should look. Any changes to an approved site plan must be approved by the Planning Commission. Therefore, please complete the enclosed site plan application which must be submitted to this office together with a $50.00 application fee and a revised site plan as soon as possible. For your information, the adjoining property owner Neil Cone will be appearing before the Planning Commission on January 12, 1993 seeking an amendment to his site plan for paving over a green strip at the rear of his building. If you have any questions, please give me a call. Sincer ly, /v ,,,_J Raymond J. Belair, Zoning and Planning Assistant 2 Encls RJB/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 November 18, 1992 Alan Marcelino 20 Palmer Court South Burlington, Vermont 05403 Re: Landscaping Dear Mr. Marcelino: ZONING ADMINISTRATOR 658-7958 Please be informed that since you are now the new owner of the property at 20 Palmer Court you are responsible for planting landscaping as shown on the approved plan. The former owner, Alan Palmer, failed to plant the required landscaping despite repeated efforts from the City to have this landscaping planted. You are also responsible to provide the City with a bond, letter of credit or escrow agreement in the amount of $3,600 for the remaining term of the three (3) year bond period required by the Planning Commission. This three (3) year period would end on August 1, 1993. Please take whatever steps are necessary to implement the landscaping plan this fall and provide the City with the bond or other instrument as described above. Failure to comply with the Planning Commission conditions is a zoning violation. For further information regrading this matter please contact me. Since ly, J Raymo d J. Belair, Zoning and Planning Assistant RJB/mcp cc: Richard Ward Certified Letter #313 382 695 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 30, 1992 Alan D. Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: 20 Palmer Court (lot #4) Dear Mr. Palmer: ZONING ADMINISTRATOR 658-7958 This is to bring to your attention the fact. that the Letter of Credit #90-038 from the Merchants Bank expired 8/1/91. This Letter of Credit is for landscaping at 20 Palmer Court. The Credit Agreement between yourself, the Merchants Bank and the City of South Burlington required that the Letter of Credit run for a period of three (3) years. Please renew this Letter of Credit with your bank so it now has an expiration date of 8/1/93. Please contact the Merchants Bank as soon as possible and have this Letter of Credit renewed. If you have any questions, please give me a call. Sinc ely, o J � R ym d J. Belair, Zoning and Planning Assistant RJB/mcp . 4�' -��-�/ / ' v ` ALAN D. PALMER 9-23-91 2169 DORSET STREET SHELBURNE, VERMONT 05482 RAYMOND BELAIR ZONING AND PLANNING ASSISTANT 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 DEAR MR. BELAIR: I AM IN RECEIPT OF YOUR LETTER OF SEPTEMBER 13, IN REGARDS TO THE LANDSCAPING AT 25 PALMER HEIGHTS. AS YOU MAY HAVE NOTICED, WE TRIED DOING SOME PLANTING DURING THE MONTH OF AUGUST, WHICH WAS APPARENTLY TOO DRY AND HOT --MOST OF WHAT WE PLANTED DIDN'T MAKE IT. WE WILL, HOWEVER, CONTINUE PLANTING THIS FALL AND COMPLETE MOST OF THE STEPS PER THE PLAN. IN THE SPRING OUR GOAL IS TO MULCH AND INSTALL THE FLOWERING PLANTINGS. PLEASE BEAR WITH US, AS WE WANT THE PARK TO LOOK GOOD, AND IT IS OUR HOPE THAT IT WILL. PLEASE LET ME KNOW IF WE NEED TO MEET IN REGARDS TO THIS SITUATION. ADP/CLP ALAN D. PALMER i City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 13, 1991 Mr. Alan Palmer 4050 Williston Road South Burlington, VT 05403 Re: -25 Palmer Court (lot #4) Dear Mr. Palmer: ZONING ADMINISTRATOR 658-7958 This letter is in regards to the landscaping at 25 Palmer Court (lot #4). An inspection of the property on September 12, 1991 revealed that you have not complied with the approved landscaping plan. In the Credit Agreement dated July 19, 1990 you agreed to complete all landscaping by no later than August, 1991. Please contact me at your earliest convenience so we may discuss this situation. Thank you in advance for you cooperation. Sincerely, Raymond J. Belair Zoning and Planning Assistant RB/peh 1 State of Vermont O Water Supply & Wastewater Permit LAWS/REGULATIONS INVOLVED Environmental Protection Rules CASE NO. WW-4-0287 Chapter 4, Public Buildings APPLICANT Alan Palmer Chapter 7, Sewage Disposal ADDRESS 4050 Williston Road Chapter 8, Water Supply South Burlington, VT 05403 This project, consisting of constructing a 7500 square foot warehouse/office building for a maximum of 6 employees on Lot #4 referenced in Certificate of Compliance 4CO296-3, Muddy Brook Industrial Park, located off Route 2 in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4CO296 GENERAL 11) This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-21061, the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans Project 8001 Sheet 1 of 1 "Sanitary Plan" dated 1/8/80 revised 2/5/80 prepared by Trudell Consulting Engineers, Inc. and on the Sheet Job No. 77-52 "Site Plan for Lot #4" dated January 31, 1990 last revised 5/29/90 prepared by Vermont Land Surveyors and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (4) In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. (5) The Protection Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. (6) All conditions set forth in Certification of Compliance #4CO296-3 dated March 15, 1983 shall remain in effect except as modified or amended herein. WATER SUPPLY (7) The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. Water Supply & Wastewater Disposal Permit WW-4-0287 page 2 SEWAGE DISPOSAL (8) The project is approved for wastewater disposal by construction and utilization of the wastewater collection, delivery, and treatment/disposal systems depicted on the approved plans. No other method or location of wastewater disposal shall be allowed without prior review and approval by the Division of Protection. (9) The land deed which establishes and transfers ownership of the subject lot shall contain a legal easement which grants the proprietor the right to construct, maintain, and replace a wastewater disposal system in the subject location, together with the right to enter upon the property for construction, inspection, maintenance, and other such reasonable purposes as may arise regarding the wastewater disposal system. Timothy J. Burke, Commissioner Department of Environmental Conservation By CW&-Kel------ Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this 12th day of July 1990. cc: Donald Robisky South Burlington City Planning Commission Department of Health Department of Labor and Industry Louis Borie Trudell Consulting Engineers, Inc. 4CO296-3 � � CREDIT AGREEMENT THIS AGREEMENT in triplicate~ by and between Alan D. Palmer, hereinafter referred to as "DEVELOPER", to the city of South Burlington, hereinafter referred to as "MUNICPALITY", and the Merchants Bank hereinafter referred to as "BANK". W I T N E S S E T H WHEREAS, Developer has received site plan approval from the Municipality's planning commission for the construction of a 7"500 sq. it. building for industrial/warehouse use as depicted on a plan entitled "SITE PLAN FOR LOT #4, MUDDY BROOK INDUSTRIAL PARK~ PALMER HEIGHTS SOUTH BURLINGTON,VERMONT'" Prepared by PALCO Ltd. WHEREAS, Developer is required by said approval, at its own expense, to complete certian improvements; and WHEREAS, the parties to this agreement wish to establish a mechainism to secure the obligations of the developer as set forth above, and ` WHEREAS, the Bank executes this agreement solely in the capcity if issuer of the letter of credit herinafter specified. NOW, THEREFORE, the parties hereby covenant and agree as follows; 1. Developer will at its own expenses complete the following improvements in connection with its development; LANDSCAPE AND SCREENING: AS SHOWN ON THE PLAN IN THE AMOUNT OF $ 3,600. 2. The Developer shall complete the improvements set forth in paragraph one no later than AUGUST 1991. 3.The developer shall repair or replace any faulty or defective work or improper material which may appear within 3 year completetion. 4. For the guarantee of Developers performance of all requirements hereinabove set forth, Developer and Bank agrep that the sum of THREE THOUSAND SIX HUNDRED DOLLARS ($ 3,600) shall be set aside and held in escrow by the Bank and shall be avialable for oayment to the Municipality in accordance with the terms herein set forth. I J l 5.If the Municipality shall file with the Bank: a statement that the developer is in judgement of the municipality in a sixty (60) day default under the terms of this agreement, the Bank: shall from time to time pay monies from said escrow fund tothe Municipality to complete the improvements and requirements set forth in this agreement. u. The Municipal itywil 1 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 ?"!uicipal ity s l 1 not be required . The Bank sh=11 incur no liability to the Developer on account to making such payment to the Municipality, nor shall the Bank: be required to inquire into the propierty 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 completeing such improvements. . The Municipality shall not file with the Bank a statement of default until! sixty (60) days after notice has been sent ov it: to the Developer by cer'ttied mail, returne r-•ceipt requested, setting forth its intention to do so. S. All monies released by the Bank to the Municipality Pursuant to paragraph 5 and it shall be used by the Municipality solely for the purpose of preforming obligations imposed Ripon the Developer by that portion of this agreement upon which the Developer is then in default. Any work to be preformed by the Municipality pursuant hereto snall be let on a contractorial 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 a manner as in the judgement of the municipal ity=_hall accomplish the work: most expeditiously and economical . 9. If monies are released by the bank: to the Municipality Pursuant to paragraph 5 shall later devel ope that a portion of the released monies are surplus to the Municipality's need_ , any such surplus shall be refunded by the Municipality to the Blank to be held .and distibuted by the Bank pursuant to the terms of this agreement. 10, The 1'.icank: will not refuse or delay to make such payments to the P`!i_inicipal itywhen requested by the Municipal ityby the appropriate statement, and I1evel operwil 1 not interfere with or hinder such payments by the Bank to the Municipality. Said staement shall contain a certificte of compliance with the notice requirements of paragraph 7. of this agreement. 11. Tnis 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 p.a.r agranh 3. � ^ 12. Upon request of the Developer, but only at the sole direction of the Municipality, the Municipality may release a portion of the said escrow funds if the Municipality beleivesthe the retention of said escrow funds is not nessasary to protect its interests after a portion of said work has been completeted. Bank may release funds only upon written consent of the Municipality. 13. Notwithstanding the provisions of paragraph 12 the sum of THREE THOUSAND SIX HUNDRED DOLLARS (3,600) shall be any event maintained in escrow untill certification to the BaW by the Municipality of the completetion of the warranty period set forth in paragraph3. 14. This agreement shall not parties hereto, but also thei/ administrators, succssors and DATED THIS DAY Oc IN THE PRESENCE OF: 10" , , -- .1 --- ct�� '�� ()-- "Vt'd only be binding upon the r respective heirs, executors, assigns' ,1990 BY ALAN D. PALMER,DEVELOPER BY r-J, § — -4L- �-7— -- CITY OF SOUTH JUHLINIUN BY The Merchants Bank MAIN OFFICE: 123 CHURCH STREET, P.O. BOX 1009, BURLINGTON, VERMONT 05402-1009 802/658-3400 July 24, 1990 The City of South Burlington South Burlington, VT 05403 RE: Irrevocable Letter of Credit #90-038 Lot 4 Muddy Brook Industrial Park Ladies and Gentlemen: We hereby establish our IRREVOCABLE LETTER OF CREDIT #90-038 in your favor for the account of Alan D. Palmer, 4050 Williston Road, South Burlington, VT 05403, up to the aggregate amount of Three Thousand Six Hundred and no/100th U. S. Dollars ($3,600.00) available by your draft(s) on us at sight for Landscaping and Screening as shown on Site plan for Lot 4 Muddy Brook Industrial Park, Palmer Heights, South Burlington, VT. Drafts drawn under this credit must be marked, "Drawn under The Merchants Bank, 123 Church Street, Burlington, VT 05401, LETTER OF CREDIT #90-038, dated July 24, 1990, and the amount and date of negotiation of each draft must be endorsed on the back hereof by the negotiating bank. This Letter of Credit expires at the close of business on August 1, 1991. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision, International Chamber of Commerce, Paris, France, Publication No. 400). We hereby agree with the drawers, endorsers, and bona fide holders of drafts drawn under and in compliance with the terms of this Credit, that such drafts will be duly honored on presentation to the drawee if negotiated or presented before the close of business on August 1, 1991. Sincerely, THE MERCHANTS BANK Susan D. Struble Executive Vice President SDS/lrc .5il o = 4VI70 X cA o �3 EXISTING EL ECTF�/C CO. o TOP BRA/ AGE 8 SE Eft L,4AOSC,4RE ffEY OCUST /GL ED/TS/4 /NERM/SJ 2 //2 "- 3 " C,4L /PER - 6YH/TEP/NE /P/NUS STROBUS/ 2 //2 "- 3" CAL/PER C CRIMSON AWO M,4PL E 14CER PL.474NOIOES) 2 //2 "- 3 " C4L /PER S D ROOOOENORON /C4ROL /N/.4NUM - ALBUM/ E CRAB,4PPL E /M,4L US/ F OlY,4RF MUGNO P/NE /P/NUS MUGHO/ ��'- -� y " G OW,,4F YEiY /T4XUS BACCAT4 REPANOENS /f- L OT c 3AL O// L A. SC BU/LOIN O!/TSl J CITY OF SOUTH BURLINGTON SITE PLAN APPI, I ['AT TON I 1) OWNER U1 1?ECOR( (name, address , phone ..._ _._. 4 �;-� 2) APPLICANT (name, address, phone #) 1 3) CONTACT PERSON (name, address, phone #)_ _ _.--_- 4) . PROJECT STREET ADDRESS: �' � Y(�Im414. U )G, L15 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and S floors, square feet per floor) 8) NUMBER OF EMPLOYEES -If 9). LOT COVERAGE: building t(± %; landscaped areas 90 % glde f building, parking, outside storage-3-2—% 10) COST ESTIMATES: Buildings $ RD ��"� Landscaping S Other Site Improvements (please li t with cost) S n � z 11) ESTIMATED PROJECT COMPLETION DATE: 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: l Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. 2-3 3-4 p.m. 4-5 p.m. ; 5-6 p.m. _; 6-7 p.m. 13) PEAK HOURS OF OPERATION:- 1 ^t-_6) 14) PEAK DAYS OF OPERATION: — a\j � —, DATE OF SUBMISSION gA� GNATU E O APPIACANT DATE OF HEARING � \ "` PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (8 1/2 .l' 11 OR 8 1/2 X 14) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible). V Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. "'N Existing and proposed curbcuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to of greater than the required amount in the Zoning Regulations. 'Number and location of Parking Spaces: (9' x 18') with 22 or 24 foot aisles as required. \ Number and location of compact car spaces. (This requires separate Planning Commission approval). \ Number and location of handicapped spaces as required. (13 feet by 20 feet in size, one per every fifty spaces). Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking and outside storage, and landscaped areas. Location of site (Street # and lot #). V North arrow. \, Name of person or firm preparing site plan and date. -2- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 29, 1990 Alan D. Palmer 4050 Williston Road South Burlington, Vermont. 05403 Re: Findings of Fact, Industrial Building, Muddy Brook Dear Mr. Palmer: ZONING ADMINISTRATOR 658-7958 Enclosed, please find a copy of the Findings of Fact issued by the Planning Commission on the above referenced project. Should you have any questions, please feel free to contact me. Sincerely, Raym/ d J. Belair, Zoning and Planning Assistant 1 Encl RJB/mcp State of Vermont IA t CASE NO APPLICANT ADDRESS LAND USE PERMIT AMENDMENT �` S TE nd n th s to a fi a 9 e rm st t ce am a a 1 it PP n pe er ai o al P ed a o m 4CO296-6 LAWS/REGULATION INVOLVED Alan Palmer 10 V.S.A., CHAP R 151 4050 Williston Road (Act 250) So. Burlington, VT 05403 District Environmental Commission #4 hereby issues a La Use Permit Amendment #4CO296-6, pursuant to the authority vested i it in 10 V.S.A., Chapter 151. This permit amendment applies to e lands identified in Book 134, Pages 56-58, of the land record of the City of South Burlington, Vermont, as the subject of a deed Alan Palmer, the "Permittee" as "grantee". This permit specifically uthorizes the Permittee to construct a 7500 square foot warehouse/of ce building, utility connections to a subsurface wastewater dispos 1 system and the municipal water supply system, 16 vehicle parkin spaces, and related on -site improvements on Lot #4 (2.5 acres) of thMuddy Brook Industrial Park on Williston Road in So. Burlington, Ve ont. The Permittee, and its assigns and successors in intere , are obligated by this permit to complete, operate, and main in the pro- ject as approved by the District Commission in accordan with the following conditions: 1. All the conditions of Land Use Permit #4CO296 and endments are in full force and effect, except as amended herein i 2. The project shall be completed, operated and maint ned as set forth in accordance with the plans and exhibits st ped "Ap- proved" and on file with the District Environmenta Commission, and in accordance with the conditions of this perm No changes shall be made in the project without the written a roval of the District Environmental Commission. t 3. The District Environmental Commission maintains co inuing juris- diction during the lifetime of the permit and may riodically require that the permit holder file an affidavit c tifying that the project is being completed, operated and maint ned in accor- dance with the terms of the permit. 4. By acceptance of the conditions of this permit withut appeal, the Permittee confirms and agrees for himself and 1 assigns and successors in interest that the conditions of this ermit shall run with the land and the land uses herein permitt , and will be binding upon and enforceable against the Permittee nd all as- signs and successors in interest. Page 2 Land Use Permit Amendment #4CO296-6 5. By acceptance of this permit, the Permittee agrees to allow representatives of the State of Vermont access to the property covered by this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutesand regulations and with this permit. 6. The project is approved for the following maximum cumulative impacts: 16 vehicle parking spaces; 100 gallons per day of water and wastewater. 7. This permit hereby incorporates all of the conditions of the Water Supply and Wastewater Disposal Permit #WW-4-0287 issued on July 12, 1990, by the Regional Engineer, Division of Protection, Department of Environmental Conservation, Agency of Natural Resources. 8. The Permittee shall apply and maintain water and/or calcium chloride on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 9. The Permittee and all assigns and successors in interest shall comply with all of the terms and conditions of the Discharge Permit issued by the Agency of Natural Resources. 10. The building approved herein is not approved for any manufac- turing use or the on -site disposal of any process wastes. The Permittee shall apply and receive approval for any change in the use of the building which involves the storage or handling of any regulated substances or the generation of hazardous wastes. 11. The installation of floor drains is specifically prohibited without the prior written approval of the District Environmental Commission. 12. The Permittee shall apply to the District Environmental Commis- sion for approval for any change in the use of the building and land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils. 13. The Permittee and all assigns and successors in interest shall install and maintain water conserving plumbing fixtures. The plumbing fixtures shall operate with the following specifica- tions: (1) internal system water pressure of 50 psi maximum, (2) toilets with a maximum of 3.5 gallons per flush, (3) showerheads operating with a maximum of 3 gallons per minute, and (4) faucets on sinks and lays shall operate at a maximum of 3 gallons per minute. An alternative water conservation plan may be presented to the Commission for approval before implementation. The ap- proved alternate shall be implemented and maintained by the Permittee for the duration of the permit. Page 3 Land Use Permit Amendment #4CO296-6 14. The Permittee shall comply with Exhibits #4, #12, #13, and #20, for erosion control. Hay bale dams and silt fences 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 approved herein. All disturbed areas of the construction site shall be stabilized, seeded and mulched within 1 to 14 days of initial disturbance, and prior to October 1, to ensure proper stabilization of disturbed soils. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently estab- lished on all slopes and disturbed areas. The Commission re- serves 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 ne- cessary. 15. The Permittee shall incorporate all erosion controls set forth in Exhibits #12, #13, and #20 in the contract documents for site work and shall submit a copy to the District Environmental Commission prior to commencement of any site work. 16. In addition to conformance with the requirements of condition #14, the Permittee shall not cause, permit or allow the discharge of waste materials into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. 17. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #12 by replacing any dead or diseased plantings as soon as seasonably possible. 18. Prior to any site work, the Permittee shall install and maintain snow fencing a minimum of 10 feet outside the dripline of and around those trees to be retained as depicted on Exhibit #12. 19. The installation of exterior light fixtures is limited to those approved in Exhibits #4 and #20 and shall be mounted no higher than 20 feet above grade level. All exterior lighting shall be in- stalled or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 20. Exterior signs shall be limited to those approved in Exhibit #20. No additional exterior signs shall be installed without the prior written approval of the District Commission. Page 4 Land Use Permit Amendment #4CO296-6 21. This heated structures approved herein shall be constructed with insulation with an R Value of at least R-19 in the exterior walls, at least R-38 in the roof or cap and at least R-10 around the foundation or slab. The Permittee shall instal interior flourescent lamps with energy saving ballasts and exterior lighting consisting of Metal Halide type lamps. 22. The installation and or use of electric resistance space heating is specifically prohibited without the prior written approval of the District Environmental Commission. 23. Each prospective purchaser of any this lot shall be shown a copy of the approved plot plan, Water Supply & Wastewater Disposal Permit, and the Land Use Permit before any written contract of sale is entered into. 24. No further subdivision and/or development of this parcel of land beyond that approved herein shall be permitted without the written approval of the District Environmental Commission. 25. All construction on this project must be completed by October 15, 1991. Exterior construction between the months of October 15 and April 1 is strictly prohibited. This permit shall expire on July 31, 2014, unless extended by the District Commission. Notwithstanding, this permit shall expire one year from date of issuance if the Permittee has not demonstrated an intention to proceed with the project. Failure to comply with all 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) - ('A' day of July, 1990. �— W. G. Livingston, Chairman District #4 Commission i Commissioners participating in Cr g DiGi az no, Assistant this decision: stri%t #4 Coordinator Lynn Whalen 7 John Collins EXHII3I`I' LIST FOR APPLICATION P 4CO296-6 (I) E D R E A=APPLICANT X A E N T=TOWN H T C T TPC=TOWN PLANNING COMMISSION I E E E RPC=REGIONAL PLANNING COMMISSION B I R AEC=AGENCY OF ENVIRONMENTAL CONSERVATION I V E AOT=AGENCY OF TRANSPORTATION T E D DPS=DEPARTMENT OF PUBLIC SERVICE D ANR = AGENCY OF NATURAL RESOURCES N B O. Y NATURE OF EXHIBIT DATE ENTERED 1 5/31/90 A Land Use Permit Application 2 " Schedule A Fee information 3 Schedule E Adjoiner information 4 Schedule F Certification of Service 5 School Impact questionnaire for residential projects 6 Municipal Impact questionnaire (5/23/90) 7 Schedule B ACT 250 information 8 Schedule C Water Supply and Wastewater Disposal application 9 Planning Commission minutes March 13, 1990 pages 2 - 5 10 Location map 11 Warranty Deed I Plan: Soil Erosion Control Site Plan (1/31/90) 13 Plan: Sanitary Plan (1/8/80) 14 Plan: Survey Man (11/l/77) 151 Photographs of lot EX1-fiHJT I,IS`1' 1`0P APP1,1CA`I'ION 114CO296-6 (2) E D Il f= A�APPLICANT X A E 14 T=TOWN 11 T C 11, `1'PC=TOWN PLANNING CommiSS ION I E E E RPC=REGIONAL PLANNING COMMISSION B I R AEC=AGENCY OF ENVIRONMENTAL CONSEPVA`1'IOIq I V E AOT=AGENCY OF TRANSPORTATION T E D DPS=DEPARTMENT OF PUBLIC SERVICE D ANR = AGENCY OF NATURAL RESOURCES N B O. Y NATURE OF EXHIBIT DATE ENTERED 16 6/25/90 17 6/28/90 18 19 20 21 7/2/90 7/12/90 11 7/13/90 22 1 if Letter from Burlington International Airport to District Commission (6/20/90) ANI Stormwater Discharge Permit Determination Letter from Todd Sternbach, Envrionmental Engineer (6/22/90) A09 Project Review & Comment Letter (6/27/90) ANY Pre -hearing Comments (7/9/90) A Letter from Alan Palmer to District Commission (7/12/90) AE Water Supply & Wastewater Disposal Permit #WW-4-0287 (7/12/90) DPE Project Review & Comment Letter from Stuart Slote, Energy Engineer (7/12/90) { CERTIFICATE OF SERVICE I hereby certify that I, Craig R. DiGiammarino, Assistant District Coordinator for the #4 District of the Environmental Board, sent a copy of the foregoing Land Use Permit Amendment #4CO296-6 by U.S. Mail, postage paid, on this 20th day of July 1990 to the following: lan Palmer 050 Williston Road outh Burlington, Vermont 05403 Margaret Picard, City Clerk Chair, Board of Selectmen Chair, City Planning Commission Joe Weith, City Planner 575 Dorset Street South Burlington, Vermont 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, Vermont 05453 Land Use Attorney Representative, State Agencies Agency of Natural Resources 103 South Main Street - 2 Center Waterbury, Vermont 05676 District #4 Environmental Commission W. Gilbert Livingston M. Lynn Whalen John Collins 111 West Street Essex Junction, Vermont 05452 Regional Engineer - ANR 111 West Street Essex Junction, Vermont 05452 Dept. of Health Attn: Donna Chandler 60 Main St. Burlington, VT 05401 Dated at Essex Junction, Verntgnt, th4,%-ZDt, - y of July 1990. BY 4CO296-6.CS ig . DiGiam arino #2/br ✓. _sic -SOW HPS, !/ v i"ti ~iai1✓vaF, kw�CGC�IIii Use in entrances, corridors or walkways ERING SEQUENC __ TAL0G NUMBER High 35 TWL 35S Shipped Installed In Fixture Pressure 50 TWL 50S Single Fuse Sodium 70 TWL 70S �..— Photoelectric Cell Less Lamp 7 TWL 77, Architectural Color - Black Fluorescent 9 TWL 97 Architectural Color - Medium Bronze 13 TWL 137 Architectural Color •White Shipped Separately, Wire Guard Extension Collar 1-1.'2" Deep Extension Collar 2-1 /8" Deep (Field Installed) Ordered Separately. See Building Mounted Options Sectic- H i-- W —I D H = 101/2' (26.67 cm) W = 6 14'(17.15 cm) D = 3''e' (9.84 cm) "!0NAL 1NFORMAT Weight Wattage Ballast Lbs. Kg. High Pressure Sodium - Med/Clear(incl.) 35 4 2 50 R-NPF 4 2 70 5 2 Fluorescent - Twin Tube(incl.) 7 3 1 9 R-NPF 3 1 13 3 1 NOTES: May be ordered as accessory. MUST see Bldg. Mtd. Options section. L/THON/A HI-TEK wk i ra>K.c t rtn r ur )�:•:9x . xa �r � rasa«� r�:.i:. PHOTOMETRIC DATA I The charts below provide the most useful data from photometric tests of specific lamp/luminaire combinations. For complete results of any combination shown, or other requirements, contact your UTHONIA/HI-TEK representative. 1 V& 35SN MM/: 25 van 0419% ►t.— S"4— Eww' nst W 24250 Iww.wa T.w love" Me. 1904? Foof—di. be..6 .n s' n•wnting h.41vt IRO FOOTCA110" DIAGRAM FLUX OWTVNOUY M 2 �+ 00"WWAwa U1MR/0 OF' LAM►R X 1 Sid FnOMr 990 ".0 wN 296 12.7 TOTAL I276 56.7 0 2 1 I COt1FILlRPT15 OF VTXALATMN 2 _ 3 0.4 1! NT g 4 b 0.3 0 1 2 3 4 S 6 OZ Ig DTAWA W tMAM OF MOIMT1W N[aHT7 wrwnlrm M4gMT COF"nocT.OM FACTD. 0.1 ItA�.Fry an M rti to N ne.et • h. 1.76 le h. • w 0 1 2 3 4 5 1T h. M HNre- Wp1N w IAfM 0 MO1Nnla rlOMil TWL 70SN LAMP. 70 wen High Fit— S-U— L—V tet.r 6.300 L„— T.0 RePM No, 19044 /.Mand6 whew beat! — S' —fang h«ghI e0 FOOTCAMOLE MAIMALAS FLUX OIET7"@UT10M 2 % MP 001rMMpAO 111 LLEMOFLAS 1 •noMr 2.78 72 "0 800 12.7 o TOTAL 3.377 56.7 s 2 1 s s .1 $ 1 cowtacMs of LITR.QAT1p11 2 0.6 i 03 0.4 FRONT 3 d 4 0-3 0 1 2 3 4 5 6 OISTAMM M UWr3 Of MOLVffWG NEPGKr3 J GG wlwtwa tmlr coninv M AAC" (•hM M 41w.r th Ile trwaMw r•s•••1 0.1 4 h. • 1.76 U 0 1 2 3 4 5 to h. • .w 12 h. • 44 T11e1We4 WTM MUIIRS 01.OlMwa..[IOMn TWLS TWL50SN LA~ 50 watt N,gh F.«— Soiii— L.n.P te1.4 40M L..n..w• T«t I.,— N. 19046 F—.—A. —I.— i..•.4 .., 4—..1-1 h«gh, ISO FOOTCANOL[ DIAGAAM4 FLUX DrSTAOUr-ON 2 inDOM'MY.LFIO LVtt[M '. OF LAMPS •'•O"tt 1 160 4.•t 0 �1 r •a 508 12 7 c} TOTAL 2.268 56 7 0 70Stj 1 N COEFFICEMS OF LfT1L1IAT10N 1 5 2 1 i D6 2 0.5 3 � 0.4 FRONT ?y g 4 _ 0-3 0 1 2 3 4 5 5 i y 0.2 OMTAMCE w U POTS OF WOLWTIMO nEKJIT3 y .lOUMiM ..4,O..t Cow C*or rKTp. i n�l•nt w•r raw w.l...a..sw..�..•1 0.1 !J 10. •t 0 1 2 3 4 S I}M M Tartntl .•.OT..F Wt10•.tlwiwG•rt G••.5 ELECTRICAL CHARACTERISTICS VNO Cutso$T F.IYAAT FOWr POWAA&V IAAWSI OOOFOLFT 0OUT FACT04 MGVLATIOM WA"A4N/OMLAST VOLTAG4 START/OVM VMTAGO WATTS Ixl VM4 V . LAMP IUMMS HIS 120 1.15/ .93 96 43 45 • 5% _ . 12% 35/NM MPS 120 1.20/1.18 96 60 43 .S%- .12% 50/NPF H►S 120 2.25/1,60 96 62 43 - 5% ..:2% 70/ HM T.n.d to cut. tnit IES old NEMA lraldords „ 6 +tobili:td laboratory condinom. Von— op—ting boon can cots. diff-iii •s b.— labo—oty dot. and aMol fi.id mwsur«.wnts. Di-- and 4—fi<otiowa in —Iog on bos.d on dw ...on c— o.oilobl• doto and on -bjact to thong.. fALITHONIA _P HI-TEK 1MXZTA1ALMUTD0OR LIGHTING P.O. BOX 72 • CRAWFORDSVILLE. INOIANA 47933 • USA 317/382-1937 • TELEX 272392 (HI -CRAW) A DIVISION OF LITHONIA LIGHTING Co"rIghl 1965 LITHONIA LIOHTING/485 Dhrlslon Madond Sorties IndusWoo ...... ..... AALLL=PAKS a.-, TWHSERIES Wal -Paks 70i400 W. HID, 35 W. LPS OL Wet Locations HOUSING Rugged cast aluminum. Stainless steel external hardware. Dark bronze polyester powder finish standard. OPTICS Specular anodized aluminum reflector with prismatic borosilicate glass refractor Sealed and gasketed lens. BALLAST High power factor, factory -tested ballast. Electrical components: 200 Watt and less, mounted on back housing; 250 and 400 Watt, mounted on front cover. INSTALLATION Accommodates back and top wiring. Use condulet tee for feed-thru wiring. Mounts on any flat surface. APPLICATION Pedestrian areas, underpasses, stairways, garages, loading docks. ORDERING INFORMATION Lamp Type Catalog & Wattage Number 70 TWH 70S 70 TWH 70SN 70 TWH 70SR 100 TWH 100S 100 TWH 100SN High 100 TWH 100SR Pressure 150 TWH 150S + Sodium 150 TWH 150SN 150 TWH 150SR 200 TWH 2O0S 250 TWH 250S 400 TWH 400S Metal 175 TWH 175M Halide- 250 TWH 250M _ 100 _ - TWH 100H 1 Mercury 175 TWH 175H Vapor 250 TWH 250H v LIPS 35 TWH 35LPS Voltage (Specify) Ballast Type Lamp Description Weight Lbs.-Kg. HX•HPF 22.5 10.23 R-NPF 22.5 10.23 R-HPF 22.5 10,23 HX•HPF 22,75 1034 R-NPF Med Clear 22 75 10,34 R-HPF 22 75 1034 HX•HPF 24 1091 R•NPF 24 •10 91 i R•HPF 24 10 91 120 26 11.82 208 Auto. Mog Clear 34 15.45 240 Reg 44 2000 277 480 Peak•LeaD 9 --_. .. Mo Clear ------ 24.5 11 14 25 75 11 70 195 886 CWA Mog Coated 21 954 23.75 1079 HPF•LAG D C Bay Clear 126 572 Uses 55 vult tarnp 100 volt avaiiatav specify un order For additional information and photometric data, refer to HI-Tek Submittal Sheet: TWH OPTIONS Suffix to Cal No. Description —SF — DF bit yw Fuse 120.277V VUuble Fuse 208 240 480V - TP Tamper Proof Screws -TB Multi -Tap Ballast (120, 208, 240, 277V) - PE + Photoelectric Control 120. 208, 240 and 277V -TWWG Heavy Duty Wire Guard -TWVG' Poycarbonate Vandal Guard —DC Architectural colors, (Specify see p. 161) -ORS Quartz Restrike System - LS Lamp Support NOTE: For more details, see Outdoor Options, p 56 • Consult factory for use with tap ballast. 'Shipped as a separate item. Consult factory for usage ACCESSORIES Catalog Number Description PEK I'Ii uluuiur. ll,t ,uli Ail i I10V, NOTE: Foi mule dela Js see Oulouul Accuysonus p 58 15'G" T -------- 7. 40 cm I — 16% 42.55 cm 15'k" 40 cm 20.32 cm ;A L1 EOKN/A 51 41 NOTICE OF APPLICATION AND HEARING ACT 250 MINOR APPLICATION #4CO296-6 10 V.S.A., CHAPTER 151 Notice is hereby given that on June 11, 1990, an application was filed by Alan Palmer of So. Burlington, Vermont, to construct a 7500 square foot warehouse/office building, connection to the community subsurface wastwater disposal system and to the municipal water supply system, 16 vehicle parking spaces, and related on -site improvements on Lot #4 (2.5 acres) of the previously permitted Muddy Brook Industrial Park located on Williston Road in So. Burlington, Vermont. The District Environmental Commission will treat this application under Environmental Board Rule 51 -- Minor Applications (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. The request shall state in writing with specificity why a hearing is required and what additional evidence will be presented. No hearing will be convened unless, on or before Monday, July 9, 1990, a party notifies the Commission or the Commission sets the matter for hearing on its own motion. If a timely hearing request is received, the hearing will be convened on or before July 20, 1990. 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). Dated at Essex Junction, Vermont, this 13th day of June, 1990. By� aig D id i a 'no Assis,ant Distri Coordinator 111 est Street Essex Junction, Vermont 05452 879-6563 ❑ Districts #1 & #8 ❑ District #5 RR #2, Box 2161 324 North Main Street Pittsford, VT•05763 Barre, VT 05641 (802) 483-6022 (802) 479-3621 ❑ Districts #2 & #3 �� �' .,i ❑ District #7 RR #1, Box 33 s� 180 Portland Street N. Springfield, VT 05150{ ' �' /'rlar. St. Johnsbury, VT 05819 (802) 886-2215 �.�r_�� (802) 748-8787 Districts #4, #6 & #9 ❑ Environmental Board Office 111 west Street STATE OF VERMONT c/o State Office Building / Essex Junction, VT 05452 Environmental Board Montpelier, VT 05602 (802) 879-6563 District Environmental Commission (802) 828-3309 TO: All Parties FROM: Craig R. DiGiammarino Assistant District #4 Coordinat0 DATE: June 13 , 1990 RE: Land Use Permit Application #4CO296-6, by Alan Palmer to develop Lot #4 in the Muddy Brook Industrial Park on Williston Road in So. Burlington, Vermont. Enclosed for your review is a copy of the proposed land use permit for the above referenced project. As indicated in the Notice of Applica- tion 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 appro- priate criteria of Act 250. Because this proposed permit has been prepared based upon consultations with only the Chairman of the Dis- trict Commission, it is subject to further revision or amendment after review by the full District Commission. The District Commission will not issue a Land Use Permit in this case until the applicant has filed: 1- An approved Water Supply and Wastewater Disposal Permit; 2- A letter from the Division of Permits and Compliance, Department of Environmental Conservation, Agency of Natural Resources, regarding the need for an amendment to the stormwater discharge permit and regarding this project's compliance with the original stormwater discharge permit; Page 1 of 2 3- A supplemental narrative describing the types and quantities of materials to be stored in the building, locations of storage, methods of spill containment and clean-up, and location of floor drains if any are proposed in this building; 4- Details for the proposed exterior signs and means of illumination if any is proposed; 5- A completed Schedule F - Certificate of Service verifyingthat the Parties by Right have received a copy of the application. The 60 day deadline for issuance of a Land Use Permit set forth in 10 V.S.A., Section 6085(d) shall be deemed waived until such information is filed, unless written objection is filed with the Commission on or before Monday, July 9, 1990. If you have any questions regarding this proposed permit, or the "Mi- nor" application procedure being used to process this application, do not hesitate to contact me at the District Office. Page 2 of 2 State of Vermont r LAND USE PERMIT AMENDMENT THIS IS A PROPOSED PERMIT, PLEASE SUBMIT YOUR COMMENTS BY MONDAY, JULY 9, 1990. CASE NO 4CO296-6 LAWS/REGULATIONS INVOLVED APPLICANT Alan Palmer 10 V.S.A., CHAPTER 151 ADDRESS 4050 Williston Road (Act 250) So. Burlington, VT 05403 District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4CO296-6, pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 134, Pages 56-58, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Alan Palmer, the "Permittee" as "grantee". This permit specifically authorizes the Permittee to construct a 7500 square foot warehouse/office building, utility connections to a subsurface wastewater disposal system and the municipal water supply system, 16 vehicle parking spaces, and related on -site improvements on Lot #4 (2.5 acres) of the Muddy Brook Industrial Park on Williston Road in So. Burlington, Vermont. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete, operate, and maintain the pro- ject as approved by the District Commission in accordance with the following conditions: 1. All the conditions of Land Use Permit #4CO296 and amendments are in full force and effect, except as amended herein. 2. The project shall be completed, operated and maintained as set forth in accordance with the plans and exhibits stamped "Ap- proved" 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 Environmental Commission. 3. The District Environmental Commission maintains continuing juris- diction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accor- dance with the terms of the permit. Page 2 Land Use Permit Amendment #4CO296-6 4. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for himself 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 Permittee and all as- signs and successors in interest. 5. By acceptance of this permit, the Permittee agrees to allow representatives of the State of Vermont access to the property covered by this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutesand regulations and with this permit. 6. The project is approved for the following maximum cumulative impacts: 16 vehicle parking spaces; 100 gallons per day of water and wastewater. 7. This permit hereby incorporates all of the conditions of the Water Supply and Wastewater Disposal Permit # issued on by the Regional Engineer, Division of Pro- tection, Department of Environmental Conservation, Agency of Natural Resources. Conditions of said permit are as follows: 8. The Permittee shall apply and maintain water and/or calcium chloride on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 9. Prior to commencement of construction the Permittee shall file either an amended Discharge Permit issued by the Agency of Natural Resources or evidence that such an amended permit is not required. 10. The Permittee and all assigns and successors in interest shall comply with all of the terms and conditions of the Discharge Permit issued by the Agency of Natural Resources. 11. The building approved herein is not approved for any manufac- turing use or the on -site disposal of any process wastes. The Permittee shall apply and receive approval for any change in the use of the building which involves the storage or handling of any regulated substances or the generation of hazardous wastes. 12. The installation of floor drains is specifically prohibited without the prior written approval of the District Environmental Commission. Page• 3 Land Use Permit Amendment #4CO296-6 13. The Permittee shall apply to the District Environmental Commis- sion for approval for any change in the use of the building and land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils. 14. The Permittee and all assigns and successors in interest shall install and maintain water conserving plumbing fixtures. The plumbing fixtures shall operate with the following specifica- tions: (1) internal system water pressure of 50 psi maximum, (2) toilets with a maximum of 3.5 gallons per flush, (3) showerheads operating with a maximum of 3 gallons per minute, and (4) faucets on sinks and lays shall operate at a maximum of 3 gallons per minute. An alternative water conservation plan may be presented to the Commission for approval before implementation. The ap- proved alternate shall be implemented and maintained by the Permittee for the duration of the permit. 15. The Permittee shall comply with Exhibits #4, #12, and #13, for erosion control. Hay bale dams and silt fences 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 approved herein. All disturbed areas of the construction site shall be stabilized, seeded and mulched within 1 to 14 days of initial disturbance, and prior to October 1, to ensure proper stabilization of disturbed soils. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently estab- lished on all slopes and disturbed areas. The Commission re- serves 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 ne- cessary. 16. The Permittee shall incorporate all erosion controls set forth in Exhibits #12 and #13 in the contract documents for site work and shall submit a copy to the District Environmental Commission prior to commencement of any site work. 17. In addition to conformance with the requirements of condition #15, the Permittee shall not cause, permit or allow the discharge of waste materials into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. 18. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #12 by replacing any dead or diseased plantings as soon as seasonably possible. Page 4 Land Use Permit Amendment #4CO296-6 19. Prior to any site work, the Permittee shall install and maintain snow fencing a minimum of 10 feet outside the dripline of and around those trees to be retained as depicted on Exhibit #12. 20. The installation of exterior light fixtures is limited to those approved in Exhibit #4, and shall be mounted no higher than 20 feet above grade level. All exterior lighting shall be in- stalled or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 21. Exterior signs shall be limited to those approved in Exhibit # No additional exterior signs shall be installed without the prior written approval of the District Commission. 22. This heated structures approved herein shall be constructed with insulation with an R Value of at least R-19 in the exterior walls, at least R-38 in the roof or cap and at least R-10 around the foundation or slab. 23. The installation and or use of electric resistance space heating is specifically prohibited without the prior written approval of the District Environmental Commission. 24. Each prospective purchaser of any this lot shall be shown a copy of the approved plot plan, Water Supply & Wastewater Disposal Permit, and the Land Use Permit before any written contract of sale is entered into. 25. No further subdivision and/or development of this parcel of land beyond that approved herein shall be permitted without the written approval of the District Environmental Commission. 26. All construction on this project must be completed by October 15, 1991. Exterior construction between the months of October 15 and April 1 is strictly prohibited. Page 5 Land Use Permit Amendment #4CO296-6 This permit shall expire on July 31, 2014, unless extended by the District Commission. Notwithstanding, this permit shall expire one year from date of issuance if the Permittee has not demonstrated an intention to proceed with the project. Failure to comply with all 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 , 1990. By W. G. Livingston, Chairman District #4 Commission Commissioners participating in Craig R. DiGiammarino, Assistant this decision: District #4 Coordinator Lynn Whalen John Collins CERTIFICATE OF SERVICE I hereby certify that I, Craig R. DiGIammarino, Assistant District Coordinator for the #4 District of the Environmental Board, sent a copy of the foregoing Notice, Memorandum and Proposed Permit regarding Act 250 application #4CO296-6 by U.S. Mail, postage paid, on this 13th day of June 1990 to the following: lan Palmer 050 Williston Road outh Burlington, Vermont 05403 Margaret Picard, City Clerk City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Chairperson, Board of Selectmen c/o City Clerk's Office 575 Dorset Street South Burlington, Vermont 05403 Chairperson, City Planning Commission Joe Weith, City Planner c/o City Clerk's Office 575 Dorset Street (South Burlington, Vermont 05403 I1Chittenden County Regional 1;Planning Commission IP. O. Box 108 (Essex Junction, Vermont 05453 i 'Land Use Attorney Representative, State Agencies !;Agency of Natural Resources 103 South Main Street - 2 Center Waterbury, Vermont 05676 FOR YOUR INFORMATION District #4 Environmental Commission W. Gilbert Livingston M. Lynn Whalen John Collins 111 West Street Essex Junction, Vermont 05452 Environmental Advisor, William Hall 111 West Street Essex Junction, Vermont 05452 Page 2 Certificate of Service #k4CO296-6 Don Hipes, District Conservationist 12 Marketplace Essex Junction, Vermont 05452 Tom Bushey, Chairman N.R.C.D. 41 Pond Rd. Shelburne, Vermont 05482 Thomas Myers, Dep't of Fish & Wildlife Agency of Natural Resources 111 West Street Essex Junction, Vermont 05452 Jon Anderson, Dep't of Fish & Wildlife Agency of Natural Resources 111 West Street Essex Junction, Vermont 05452 Burlington Free Press Attn: Classified Ad Section 191 College Street Burlington, Vermont 05401 Michael Allen Burlington Free Press 191 College Street Burlington, Vermont 05401 Stuart Slote, Energy Engineer Department of Public Service 120 State Street Montpelier, Vermont 05602 Regional Engineer - ANR 111 West Street jEssex Junction, Vermont 05452 joining Landowers: jPeck Electric Company T.O. Box 75 Issex Junction, Vermont 05453 liGreen Mountain Power Corporation ''P.O. Box 850 South Burlington, Vermont 05403-0850 Burlington International Airport 1200 Airport Drive- Box 1 South Burlington, VT 05403 Dated at Essex Junction, Vermont, />this 13th--,day of June 1990. BY 4CO296-6.CS Craig R. Giammarino %/(- h#2/br (/ Co. 14tW ArIBURLINGTON INTERNATIONAL AIRPORT June 20, 1990 Mr. Craig R. Digiammarino Assistant District Coordinator District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 RE: Act 250 Notice # 4CO296-6 Dear Mr. Digiammarino: On behalf of the Burlington International Airport I wish to offer the following comments on the Act 250 Application by Alan Palmer for a proposed warehouse/office building in the Muddy Brook Industrial Park. 1. Due to the proximity of the proposed development to the Burlington International Airport, this site is subject to varying levels of noise associated with aviation activities including the taking off and landing of aircraft, airplane overflights, aircraft taxi operations and airport ground support and service vehicles. 2. The Airport is open on a 24 hour basis, with resulting noise associated with such aviation activity. The developers and proposed lessees of this property should be made aware that this building will be subject to varying levels of aircraft noise and the site is subject to aircraft overflights, and that noise abatement measures such as additional wall insulation may decrease any such inconvenience caused by aircraft. While the Airport has no specific objections to this project, we would appreciate the cooperation of the District Environmental Commission in notifying the applicant that sound mitigation measures would be beneficial to the lessee and the occupants of the building. 1Pf1O Alrnno nrivn YJ gnWh Rgirlinntnn Vnrmnnt nrin4 /nnnl nrn nn..l. Digiammarino June 20, 1990 RE: #4CO296-6 Page Two Due to the proximity of the proposed site to the Burlington Airport, the use of large cranes during construction may intrude into navigable airspace, as defined by Federal Aviation Regulations Part 77. In order to ascertain whether or not such construction equipment may pose an obstacle to air traffic, FAA regulations require that "Notice of Proposed Construction or Alteration, Form 7460-1" be filed with the FAA Regional Office. I would appreciated that the developer complete the form attached and forward a copy to both the FAA and my office. If you have any questions on this, please contact me. Sincerely, , Q g Va,� John J. Hamilton Director of Aviation GWD:amz Enclosure \ CC: Richard Ward, So. Burlington Zoning Administrator Alan Palmer City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 9, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: Lot 4, Muddy Brook Park d Dear Al: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, 3/13/89 at 7:30 P.M. to represent your request. Sincerely, /qA e Weith, ity Planner Encls JW/mcp TO: FROM: RE: DATE: 1. 2. 3. 4. r r QLItI� +' nrlingtnn Ntrr Department 575 +43uruet Street utttl� + ttrlingtun. liermunt 05403 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY MARCH 13 1990 AGENDA ITEMS MARCH 7,1990 ALAN PALMER r n. 40 (802) 658-7960 PARK PLACE 1001 DORSET STREET PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME THE ONLY PROBLEM I SEE IS THE BUILDINGS ARE LESS THEN 30' APART, MICHAL DUGAN 518 SHELBURNE ROAD BEN FRANKLIN STORE PLANS REVIEWED BY THIS DEPARTMENT ON THIS PROJECT AND THE ONLY PROBLEM I SEE IS 11 PARKING -SPACES ON THE SOUTH END OF THE BUILDING NEAR THE ISLAND MUST BE TAKEN OUT TO ALLOW PROPER ACCESS FOR EMERGENCY EQUIPMENT TO SET UP IN CASE OF AN EMERGENCY. MUDDY BROOK INDUSTRIAL PARK LOT #4 PLANS REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. PAUL MORWOOD 333 DORSET STREET PLANS WERE REVIEWED BY THIS DEPARTMENT AND THE ONLY PROBLEM I SEE AT THIS TIME IS THE DRIVE WAY TO THE BACK MUST BE NO LESS THEN 18' FOR A FIRE LANE TO GET EQUIPMENT IN THE BACK YARD. Planning File Data for Computer, Input 1. Original Property Owner PACMAtL A A -.--------------------. -----. 2. Developer's Name ---5_�1� -- _ 3. Name of Development. 4. Address of Development or Project v�S_ . Type of Pro,ject___ S� _ ci_K._G►t /�-�«.1. �� /�•-e-�.� Minor Subdivision ( I) Major Subdivision (MS) Site Plan (SP) 6. Zoning District 1 C 7.7_oning District 2 8. Zoning Board Approval date if Required 9. Date of Planning Commission Hearings/Meetings Site Plan Date or Sketch Plan Date 10. Preliminary Plat date 11. Final Plat Date 12. Revised Final Plat Date 1 (if applicable) 13. Revised Final Plat Date 2 (if applicable) 1 } . Acreage of 'rotal. Project 2_ 15. Use of' Land 1 �uo-,A s 16. Use of Land 2 Use n f Land 3 18. l tie of' Land 4 19. Number of Lots Zt1. Number of Single Fami I ))ni is I. Number of Multi - f yam i l y Un i l s i z . t'on t r•u(.t i on Cos t (-)f III) i I d i rear f�d - `Y,/ o+vJ f 23. Size of Building (Square footage) U v 24. Streets �S 25. 26. 27. 28. 29. 30. 31. 32. • 33. 34. 34. 36. 37. 38. City Street CS Private Street PS Date of Acceptance of streets by City Bond -Landscaping Bond -Streets Bond -Sewer Bond -Water Bond -Other Date Mylar Due (90 days after approval) Date Recorded - Expiration date of Approval Date of First Building Permit Tax Map Number S-- � - % J- _ Map File Location 1 _ Map File Location 2 Map File Location 3 Other fees (Type and amount) Preparers Name: -- Date: -?b Posted in Computer ( Name, Date):______ 4 E,CtS)J1K G4)gY LW.W T-I� l \ EX•(S'7MY / 2 \E.nsnw' r �+ \ N O PECK \ N"��• F ELECTRIC CO. \ I LANOSCAPEATY A LQL'USr/6LEA7.S/A/AERMS/ 2//2'-i" CWP47 B WN7FiY1E/A1M.SS7ROMW 2//2"-3"C4LI°FR' C C9M6QYA7lYAiafYE/AGYAPLATAAKiC1�S/2//2'-S"ULiL7V O AL�LFfA( /C4RYX.N/AACM-ALBIAM/ E CRAB4H9(E/ALOLC/S/ F ONNR�.M.Y.M7 P1NE/Y/1f/.SM.G5W 6 OAW I YEW/TAAW &4CC4r4 REPAAVfNS J i /00 FT. RKy/T Gig MPOY G4EENAANAVTA/NPo/YER � / 50 MARSHALL w NCO. / LOT COVERAGE/NFGWM.4T/ON.• B6kO/N6 0..OB X LANOSUREP AREAS 70 X 5UILD/N6 PARK/N6 30 x OUTSIDE SMR4GE S/TEPLANFOR LOTNO. 4 MUDDY gRooff /N01-157R14Z PARK H/EGHTS SO. BURL INGTON, IAERMONT M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: March 13, 1990 agenda items Date: March 9, 1990 4) PROFESSIONAL BUILDING. 333 DORSET STREET 1. The plan conforms with the Dorset Street widening plans and is acceptable. 2. A site drainage plan shall be submitted for review and ap- proval. 5) JIDDY, BROOK INDUSTRIAL PARK, LOT NO. 4. WILLISTON ROAD On site sewage disposal is required for this lot. Plans of the system shall be submitted for review and approval. 6) PARK PLACE, DORSET STREET 1. The circle streets are too small and confined for maintenance and parking. A "U" shaped road would better serve this lot. 2. Sewer manholes must be accessible for mobile cleaning equip- ment. 3. The sewage pumping station of Indian Creek will need upgrad- ing to accommodate this extra flow. 4. Dorset Street frontage should include a sidewalk. 7) BEN FRANKLIN STORE, 518 SHELBURNE ROAD 1. The planting islands should be lined with concrete curbs to protect them. 2. The car wash is located on this lot. At times it is very busy with two lines of cars backed around the east side of this building. This back up may conflict with the parking along that side. 3/12/90 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Site Plan application of Alan Palmer for construction of a 7,500 square foot building for industrial/warehouse use as depicted on a plan entitled "Site Plan for Lot No. 4, Muddy Brook Industrial Park, Palmer Heights, South Burlington, Vermont," prepared by Palco Ltd., and dated 1/31/90 l ith the following stipulations: L 1. The applicant shall post a $3,600, 3-year landscaping bond prior to permit. The landscaping plan shall be revised to indi- cate the size of proposed plantings. 2. The plan shall be revised prior to permit to show the follow- ing: -b -i---.._ A maximum_ . f rr�n t y a --rage- v f- 670 W Location of dumpster, which— shall be --adequately rid-- �,d) Location and type of site lighting. All lighting shall be downcast luminare. 3. The applicant shall contribute $99 to the Williston Road Improvement Fund (Area #2) based on the 10 peak hour trip ends to be generated by this project. 4. Plans for an on -site sewage disposal system shall be submit- ted to the City Engineer for approval prior to permit. 5 A revised plan addressing the stipulations above shall be submitted to the City Planner for approval prior to permit. A building permit shall be obtained within 6 months or this approval is null and void. y, Own sLw s d,, ke, ,/ Al 0 �YA: e. _s � 5hD/e C 1170 d c i " 4r- e"4-LC 5 6 y-- St L E = r, 7� c 7S�° ��, 76s/ 00' polco LTD PALMER �������� ���� �����U��U����� & �& ���������k�n� ly K� U K_�, SURVEYORS &CONSTRUCTORS COORDINATOP DISTRICT #4 AGENCY OF ENVIRONMENTAL - III WEST STREET ESSEX JUNCTION, VERMONT RE: 4CO296-5 DEAR LOU BORIE: CONSERVATION 05452 ~ . PLEASE FIND ENCLOSED THE AMMENDMENT APPLICATION TO THE ORIGINAL (4CO296> MUDDY BROOK INDUSTRIAL PARK, SOUTH BURLINGTON, VERMONT. THIS AMMENDMENT WILL COVER LOT #4 ONLY. THIS IS THE LAST BUILDING OF THE 5 LOT SUB -DIVISION. IF THE DETAILED BLUE PRINTS HAVEN'T TOUCHED ON ALL OF THE GOVERNING CRITERIA, WHICH I BELIEVE TO BE CRITERIA 1, 4, 8, & 9F, THEN THE APPLICATION AND ACCOMPANYING ENCLOSURES WILL GIVE A MORE DETAILED DESCRIPTION OF EACH. IF YOU NEED MORE INFORMATION~ OR A CLARIFICATION OF ANY CRITERIA, PLEASE CALL ANYTIME (862-5661) AND I WILL RESPOND. : ELY ALAN. D. PALMER PALMER CO. LTD. ' ADP/clp 4050VV|LL|STON ROAD " SOUTH BURL|NGTON'VERMONT 05403 ° 802-862-5661 APPLICATION FORMS FM ACT 250 (10 V.S.A.. CHP. 151) For detailed instructions, contact the District Coordinator for an instruction booklet. 3/89 : 250APPL.DOC AC'r 250 LAND USE PERMIT APPLICATION 10 VSA, CHP. 151 NAMES * I Applicant(s) name Address .•. .'.. . •.•... •... .file number datereceived .[ J complete [ ] incomplete init. .date completed .coordinator or clerk signature: ................OFFICE USE ONLY.................. 1\c Phone Legal form: [X] individual [ ]_ artne ship (attach list of partners) [ J corporation: date formed place formed date reg. in Vt. [ ] municipal gov't [ ] state gov't Legal. interest in land: [X] ownership in fee simple [ ] lease agreement ( J contract to purchase [ ] other: Landowner(s) name H1n Address ,-]D 1 A ti-cy Ion VT Phone -2.- I 3 Contact person Address Phone = ( nl - E'HOJECT DESCRIPTION: 4. Type: [ J new project [ ] expansion of project previously exempt from Act 250 [XJ amendment of existing Act 250 project (permit [ J permit condition modification (permit N ) 5. General description (include number and size of buildings; use of buildings; number of lots; length of roads; etc.): LO-1 4 i-[ t`'-r (] �2(e VIQW-_IV r10pf �C.r .1_�� r.rl,,--,4 �r,1 �,iIV\ -tit t,t<.,nr� 4/N L,- . i- Y1 n-e' 1-t�7' k.in1-_,(I -1 .ir 411iS1il]vv-" ren1,111 Il n `✓wl11 nE-I-IrW F 6. Construction duration 4 M0 :5. Duration of Permit Request ] y:?- LAND: I. Total acres owned or controlled by applicant and landowner at project site ly� Acres in additional easements or rights -of -way 3,3 Acres committed to this project 2 Location: town Hui road W L [ - 71l ►boa route number 2_ Nearby landmark 7C 'K) l -' Distance from landmark r Direction1 from landmark 8. Deed(s): grantee's name as recorded Ai C-lo Pal rne r recorded: book(s) J 3LA page(s) 'j(,-- <j!K date(s) town _{ �� p( )0. 6Lk(� In county 3/89 : 250APPL.DOC SCRSUULB A Fee Information ACT 250 Submit with the application a check payable to the "State of Vermont". Municipal and state agency projects are exempt. Not -for -profits are not exempt. Calculate the fee using the following table: 1) Number of lots to be created L/A x $10.00 = $ 2) Construction costs (include only common facilities for subdivisions): Site preparation $ Buildings: a) sq. ft. � 7 b) $ per sq. ft. 11 )L^. total (a x b) Heads-andcar $ 1 C)rn . Utilities $ a`�CC�, Off -site improvements $ Landscaping $ 3 (.-(-K).. Other $ Total costs $ [,a� x 0.0025 = $ ,pn 3) Total Fee 0 + 2) _ $ .CIO * Minimum fee of $100 for new applications Minimum fee of $25 for amendment applications Treat expansions of approved projects as new applications SUBDIVISION PERMIT / WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT Submit with the application a check payable to the "State of Vermont" if you are concurrently applying for a Subdivision Permit or Water Supply and Wastewater Disposal Permit from the Protection Division of the Department of Environmental Conservation, Agency of Natural Resources. Calculate the fee from the following table: Subdivisions: Public Buildings, Camp - one lot under 10 acres $ 50 grounds, Mobile Home Parks: two to five lots under 10 acres $125 (waste water flows)* six to ten lots under 10 acres $230 less than 500 gpd $ 60 more than ten lots under 10 acres $300 500 - 1,000 gpd $100 each deferred lot $ 10 Over 1,000 gpd $175 Fee attached $ * contact the Regional Engineer for the Protection Division if uncertain I attest by my signature that the ve is o the best of my knowledge: l� signature of applicant or agent) 3/89 is SCHEDA.DOC OTHER INFORMATION: 9. Are you concurrently applying for a Water Supply and Wastewater Disposal Permit, a Subdivision Permit, or any other permit from the Protection Division of the Agency of Natural Resources? [ J yes [XI no 10. Have you received local zoning and/or subdivision approval? [XJ yes [ J pending [ J none needed 11. Attach the following unless waived by the District Coordinator: [XJ location map (U.S. Geological Survey map preferred) [XI site plan or plot plan (see instructions) [>(] building floor plan(s) (excluding single family homes) [;x,J building elevation drawings (excluding single family homes) bxJ schedule A - fee information [XJ schedule B - Act 250 information (see instructions) [xJ schedule C - Water Supply and Wastewater Disposal Permit information (if concurrent application) [xJ schedule D - Subdivision Permit information (if concurrent application) [K] schedule E - adjoiner information [ ] schedule F - certification of service [xJ supporting documents as recommended in Schedule B or as needed [ J Act 250 fee (payable "State of Vermont") [ J Water Supply and Wastewater Disposal or Subdivision application fee (payable "State of Vermont") (if concurrent application) SIGNATURES: 12. I hereby swear that the informat o provi ova or attached to this application is true and accurate to the bes my a e. Signature of applicant(s) date c� 13. I hereby certify that I understand that I must not commence construction, demolition, remodeling or commercial use of the property as described in Environmental Board Rule 2(C) until I have recei an Act nd Use Permit as required by 10 VSA Sec. 6083(a). Signature of applicant(s) data 14. I hereby authorize the procespvg of this lication for the above project on land(s) that I own, control, r ve si ni i property interest in. (atta h letter if easier) Signature of landowner(s) date DISTRIBUTION: L�15.,SUBMIT THE ORIGINAL AND FIVE COPIES TO THE DISTRICT COORDINATOR. 16. SUBMIT TWO ADDITIONAL COPIES TO THE DISTRICT COORDINATOR IF YOU ARE ALSO APPLYING FOR PERMITS FROM THE PROTECTION DIVISION. 17� SUBMIT ADDITIONAL COPIES TO THE MUNICIPALITY, MUNICIPAL PLANNING COMMISSION, REGIONAL PLANNING COMMISSION, AND TO ANY ADJOINING MUNICIPALITIES AND PLANNING COMMISSIONS. SCHEDULE E Adjoiner Information Submit with the application a list of all adjoining landowners with mailing addresses. An "adjoiner" is a person or organization which owns or controls land or easements on lands which physically abut the tract or tracts of land on which your project is located. Be certain to include landowners on the opposite sides of highways, railways, and rivers (unless you can prove the highway is owned in fee by the state or municipality). Also include homeowner associations, utility companies, and others with significant legal interest in the project land. It is very helpful if you indicate the location of each adjoiner on your site plan. If you do not provide a list which is thorough and up-to-date, your application could be delayed because of improper notice distribution! NAME MAILING ADDRESS WITH ZIP CODE f'l'f: itY l(IC Co. C I-1 i> I UC' -(f i�"- O'yw . r-IInc,dcq--) =rnio(-(-,C_CI l 2 A i r,42n) (3C)x l uror i Attach additional sheets if necessary 3/89 : SCHEDE.DOC SCHEDULE F Certification of Service You are required by Section 6084 of l0 V.S.A. to send notice and a copy of your application to the municipality, the municipal and regional planning commission in which the land is located and any adjacent Vemont municipality, municipal or regional planning commission if the land is located on a boundary on or before the date of filing yuor application with the district commission. In order to verify that the statutory parties to the application have received copies of the application and thus avoid delay caused by improper distribution of the application, have a representative of the parties sign this form when they receive the application. You may, in the alternative, send copies of the notice and application by Certified U.S. Mail and list the names below. Applicant(s) Name I PCIIr'l1cr 1, the undersigned, have received a copy of an Act 250 application for the above applicant(s). s`e ec men, aldermen, or trustees dat L c C fo the murficipal planning commission date for the regional planning commission date for an adjacent municipality, if any* date for an adjacent planning commission, if any* date for an adjacent regional planning commission, date if any* 1 hereby certify that f have forwarded a complete copy of this application to each of the parties entitled to notice pursuant to 10 V.S.A. Section 6084. Applicant(s)/Agent Signature Date Attach additional sheets if more than one town is adjacent to the project lands. 3/89 : SCHEDF.DOC ACT 250 SCHOOL IMPACT QUESTIONNAIRE FOR RESIDEKIAL PROJECTS Applicant to Complete: l nn Applicant Name Municipality Number of Lots or Units Estimated Number of Students School Superintendent or Equivalent to Complete: a. What schools under your supervision will provide educational services for families who will live in this project? elementary school middle school high school b. Do these schools have the capacity to accept the additional students listed above? (assume equal grade distribution) _Yes or _No? c. If "no", what is the deficiency? d. What plans are in place to correct the problem? e. If plans exist, how could this applicant help achieve those plans beyond adding new homes to the grand list? f. Do you have other comments? I certify the above information is true and accurate to the best of my knowledge. Name Posit ion Date Are you available, after sufficient notices, to answer questions related to the above statements at an Act 250 hearing? _Yes or No? 3/89 : SCHQUES.DOC ACT 250 MUNICIPAL DOACT QUBSTIONNAIRB Applicant to Complete: Applicant Name A lCl it ALtt me r- Municipality Title and Date of Site Plan Reviewed Town Manager, Department Heads, or Eluivalent to Complete: a. Does the municipality have the capacity to provide the following services without unreasonable burdens for the above project: Fire Protection? %-Yes or No? Police Protection? XYes or No? Rescue Service? Yes or No? Solid Waste Disposal? kyes or _No? Road Maintenance? 4Yes or _No? b. If "no", what are the deficiencies? c. If the service is unavailable from the municipality, who provides the service so that the town doesn't have to? U� ()VAl d. Would the deficiencies occur without this project? _Yes or _No? If "no", what measures can the applicant take to alleviate the deficiencies? e. If the deficiencies are common to many projects, does this project create burdens which are disproportionate to the taxes and user fees to be paid to the municipality? _Yes or _No? If "yes", does the municipality recommend the imposition of an impact fee or other means to mitigate any unreasonable burdens? 1 certify that the above information is t d accurat to the best of my knowledge. Na Cji-ry Position 3 Z 9 v Date Are you available, after sufficient notice, to answer questions related to the above statements at an Act 250 hearing? Yes or _No? 3/89 : MUNQUES.DOC SCHEDULE B Act 250 Information Before the District Environmental Commission can issue a land use permit for any project, it must find that the project meets the ten criteria, and their subcriteria listed in this schedule. Under all of the criteria the applicitnt must provide enough evidence for the Commission to make the necessary findings. Answers to the questions below, a site plan, . and other related documents are usually sufficient for the Commission to make a decision. In larger or more complex cases, additional information may be requested by the Commission or other parties. Provide the information requested in narrative form on separate sheets or in the space provided. If an item does not apply to your project, indicate specifically why it does not apply. If you need assistance in understanding the meaning of any of the criteria, refer to the statute or contact the District Coordinator. Attach any supporting documents at the end of the application and make referencki to them in your answers below. if your project is simple in nature with few potential impacts, you may be able to skip over many of the items listed below. The District Coordinator should be able to identify which of the items you may skip over. Read over this schedule and then contact the District Coordinator for assistance. If your project is an amendment to an existing permit, only address those criteria which are affected by the proposed changes. The District Coordinator can assist you in identifying the relevant criteria. If your project primarily involves one of the following, contact the District Coordinator for additional instructions before using Schedule B: [ ] commercial extraction of rock, sand, gravel, or topsoil; [ J logging above 2,500 feet; [ J highway construction; [ ] utility line construction; [ ] communication towers; [ ] ski trails, lifts, and related facilities; ( ] construction of lake or pond; [ ] unusual projects; Criterion 1) Air Pollution. Demonstrate that the project will not create undue air pollution: a) If the project involves manufacturing or industrial processes, describe any process air emissions, odors, or sources of noise and measures proposed to control them. b) If buildings will be heated, describe the fuel source and the heating system. nL\{ Lti-(Al L)G\ hCCAJ i n C r� �i << 15��-j�ri�cl L )�L l c) Is an air pollution control permit from the Agency of Natural Resources required for a) or b) above? _Yes or �No? (Contact the Air Pollution Control Division of the Agency of Natural Resources at 244-8731 is you are uncertain.) If yes, what is the status of your application? 2 f d) Indicate how dust will be controlled during and after construction. c) Indicate what restrictions will apply tc the hours of construction and/or operation and how noise will be controlled, especially in residential areas. t) If the project involves any of the following, check them and contact the Air Pollution Control Division of the Agenc) of Natural Resources at 244-8731 for further directions: [ ] parking for more than 1000 vehicles (existing and proposed), [ ] fuel burning equipment with over 10 million BTUs/hour, [ ] coal burning equipment. g) If the project involves radioactive materials, check here [ ] and contact the District Coordinator for further guidan(e. Criterion IA) Headwaters. Demonstrate that the project will meet any applicable health or environmental conservation department regulat.ions regarding any reduction of the quality of ground or surface waters in a headwaters area: a) Is the project located in a headwaters area as defined in the statute? (See instructions.) _Yes or )LNo? If the answer is yes, be certain to indicate how the project meets the applicable water quality regulations under criteria 1B (waste disposal), 1E (streams), and 4 (soil erosion). Criterion 18) Waste Disposal. Demonstrate that the project will meet any applicable health or environmental conservation department regulations regarding the disposal of wastes and demonstrate that the project will not involve the injection of wastes or toxic substances into ground waters: a) Describe any method of sewage disposal to be used and how sewage will be treated and isolated from ground waters. (Show location of treatment systems and piping on site nlan.) b) — .�<'� C1� c71C1'K'_ �[D�i'l� by "fi'►�,�1 �vc«_r�PE�v-try. -- How many gallons of sewage per day will the treatment system be designed and/or approved to handle? gpd? (Contact the regional engineer for the Protection Division in your district for assistance.) c) If an on -site sewage treatment system is to be shared by more than one owner, indicate how it will be maintained and who will be legally and financially responsible for its eventual replacement? (Attach copy of deed restrictions, etc.) mnit\Atai,vNM b.! LZ4-5 4.31 y.6 d) If a municipal sewer is to be used, provide the name of the municipal sewage treatment plant and demonstrate that the plant has the capacity to accommodate your project. (Attach a letter from the municipality.) 3 e) Is a Water Supply and Wastewater Disposal Iermit or a Subdivision Permit required from the Protection Division of the Agency of Natural Resources for the sewage disposal system? _Yes or _)!�No? (Contact the Regional Engineer for the Protection Division or the District Coordinator if in doubt.) 1F YES, AND YOU ARE APPLYING FOR THAT PERMIT WITH THIS APPLICATION, BE CERTAIN TO ATTACH SCHEDULE "C" OR "D", THE NECESSARY TECHNICAL INFORMATION LISTED ON THEM, AND THE ADDITIONAL FEE TO THIS APPLICATION AND SUBMIT TWO ADDITIONAL COPIES OF THE APPLICATION PACKAGE. (Contact the Regional Engineer for the Protection Division if you need assistance.) f) Are you relying on a Water Supply and Wastewater Disposal Permit or Subdivision Permit to satisfy this criterion? _Yes or &No? 0 IF YES, NO DECISION WILL BE ISSUED UNTIL THAT PERMIT IS OBTAINED AND FORWARDED TO THE COMMISSION. IF NO, AND YOUR PROJECT INVOLVES SEWAGE DISPOSAL, CONTACT THE DISTRICT COORDINATOR FOR FURTHER GUIDANCE ON W4AT ADDITIONAL INFORMATION TO SUBMIT. Indicate how stormwater runoff will be disposed of without causing undue water pollution from litter, oil, salt, pesticides, and the like. (Show grass swales, ditches, catch basins, culverts, and other drainage improvements on site plan.) h) Is a Stormwater Discharge Permit required from the Water Quality Division of the Agency of Natural Resources for the discharge of the stormwater into a stream, river, lake, or municipal storm drain? _Yes or -_No? (Contact the Water Quality Division at 244-5674 if you are uncertain.) If yei, what is the status of your application? -I k [-ICY 1 pC1 rk pre V i D1(S ky! C1 )C'-)V e ij i) If the project involves manufacturing or •ndustrial processes, describe what they are, indicate how any wastewater generated will not contaminate ground or surface waters, and indicate whether all necessary discharge permits have been obtained. (Show location of any discharges on site elan). What is the status of your application? j) If storage of oils, fuels, chemicals, cleaning fluids, solvents, batteries, pesticides, or other hazardous materials ,ire associated with this project, indicate what measures will be taken to protect ag.►inst spills and leaks, especially in a sensitive area such as a municipal waters►ed or near wells or streams. (Show location of storage on site plan and incl,ide details of storage containers, fill pipes, leak detection equipment, containmosnt structures, employee training, etc.) k) Is a permit from or registration with4 the Hazardous Materials Division of the Agency of Natural Resources required for the storage listed in j)? _Yes or �No? (Contact the Hazardous Materials Division at 244-8102 if you are uncertain.) What is the status of your application? 4 1) Indicate how construction debris, including stumps will be disposed of without creating water pollution. ckre_ (V-) tL%8\j� :-\,% — - - - --.9 - IV Criterion 1C) Water Conservation. Demonstrate that the project will use the best available water conservation technology: a) Would you agree to a permit condition which read: "The permittee and all subsequent owners shall install and maintain only low -flow plumbing fixtures in any buildings, including toilets with flows not to exceed 3.5 gallons per flush, faucets with flows not to exceed 3.0 gallons per minute or which have automatic shut off valves and showerheads with flows not to exceed 3.0 gallons per minute." &Yes or _No? If no, indicate why and what water conservation measures will be taken. b) If the project involves significant use of water for manufacturing or other processes, indicate what measures will be taken'to conserve water (include recycling, efficient machinery, etc.). LA Criterion ID) Floodways. Demonstrate that the project will not endanger the health, safety and welfare of the public or of riparian owners during flooding: a) If any portion of the project is in or adjacent to the 100-year floodway as identified on the National Flood Insurance Maps (on file with your municipality), demonstrate that the project will not involve any filling or construction within the floodway. (Show location of floodway on site plan.) b) If any portion of the project is in or adjacent to the 100-year floodway fringe as identified on the National Flood Insurance Maps, demonstrate that the project will not cause a significant increase in the peak flood levels of the river or stream. (Show location of floodway fringe on site plan.) c) If any fill, structures, storage of materials, or other operations are to be located in the floodway fringe, demonstrate that they will be fioodproofed consistent with the National Flood Insurance Program. (Contact the Floodplain Management Section of the Water Quality Division of the Agency of Natural Resources at 244-6951.) 5 Criterion 1E) Streams. Demonstrate that the project will maintain the natural condition of any streams, when feasible: a) Indicate the name and location of streams, drainageways, or riparian wetlands on or near the project site and the distance to the closest construction disturbance. (Show precise location of streams and construction limi;s on site pl n.) N i.kc1da l r3c �n inn, nt�)r'til 1 r-r i-i\ b) If a stream is located within 100 feet of a disturbed area of the project, indicate how the stream and the lands along the stream will be maintained in their natural condition. (Show undisturbed buffers, revegetation plans, erosion controls, isolation distances to any sewage systems, and the like on site plan.) c) If a section of a stream must be crossed, relocated, or modified, demonstrate that there are no reasonable alternatives and then indicate how the crossing or new stream channel will be constructed in a stable and naturalized condition. (Show details of the construction on site plan.) (Contact the District Fisheries Biologist.) d) Is a Stream Alteration Permit from the Protection Division of the Agency of Natural Resources required for any work in a stream? _Yes or _No? (Contact the Regional Engineer with the Protection Division of the Agency of Natural Resources.) If yes, what is the status of your application? e) If the project involves the withdrawal of water from a stream, river, pond, or lake, check here [ j and contact the District Coordinator for further guidance. Criterion 1F) Shorelines. Demonstrate that if the project is located along a shoreline, it complies with the four standards relating to the condition of the shoreline listed below: a) 1\-' A b) Indicate the name and location of any river, lake, pond, or reservoir on or near the project site and the distance to the closest disturbance. (Show location on site plan.) If the project is located on or near a shoreline, then answer i) through iv) below: i) Indicate how the shoreline will be maintained in its natural condition. (Show undisturbed buffers, erosion controls, and the like on site plan.) ii) Indicate how and where any existing public access to the water body can be reasonably maintained. (Show detail:: on site plan.) 2 � r 6 iii) Indicate how the vegetation will be provided or retained to screen the project from the water body. (Show details on site plan.) iv) Indicate how the shoreline will be stabilized from erosion with vegetation. (Show details on site plan.) Criterion 1G) Wetlands. Demonstrate that the project will meet applicable Water Resource Board regulations regarding any impacts on designated significant wetlands: a) Indicate the location of any wetland areas on or near the project site and the distance to the closest disturbance. (Contact the Wetlands Biologist with the Agency of Natural Resources at 244-6951 for assistance in identifying wetland areas.) (Show location on site plan.) b) Indicate how any wetlands and the lands along the wetlands will be maintained consistent with the Water Resource Board regulations, if applicable. (Show undisturbed buffers, erosion controls, isolation distances to any sewage systems, etc. on site plan.) (Contact the Wetlands Biologist for assistance.) c) If the wetland regulations do not apply to any wetlands associated with your project, be certain to address the value of the wetlands under applicable criteria including lE (streams), 1F (shorelines), 4 (soil erosion), 8 (scenic beauty), and 8A (wildlife habitat). Criteria 2 and 3) Water Supply. Demonstrate that the project has sufficient water available for its needs; and that the project will not cause an unreasonable burden on an existing water supply: a) Describe the source(s) of domestic water which will be utilized for the project. (Show location of wells, springs, piping, etc. on site plan.) b) How many gallons of water per day will be needed? Rpd? How was this figure determined? c) Demonstrate that the source listed in a) will be of sufficient quantity to meet the daily needs (include nearby well information, pump test results, letter from municipal or private water company, hydrologic study, etc.) CRITERIA 4 - SOIL EROSION 4. (a) THE CONSTRUCTION AREA IS FLAT WHERE THE BUILDING AND PARKING WILL BE PLACED. THE REMAINING LOT SLOPES TOWARD MUDDY BROOK AND IS GENERALLY TREED AND WELL VEGETATED. THE RELATIVELY FLAT SITE IS SLOPED TOWARD AN EXISTING CATCH BASIN. ° (b) DURING CONSTRUCTION A SEDIMENT BASIN WILL BE CONSTRUCTED AT OR NEAR THE CATCH BASIN, AND HAY BAILS WILL BE PLACED AROUND THE CATCH BASIN TO PREVENT ANY SILT OR DEBRIS FROM ENTERING THE CATCH BASIN. THE SEDIMENT CONTROL DEPRESSED AREA WILL BE CLEARED OF DEBRIS AND RE -SHAPED AFTER EACH RAIN STORM. (c) WHEN THE SITE IS FINALIZED, THE PARKING AND DRIVE WILL BE RE -SLOPED TOWARDS THE CATCH BASIN AND GRAVELED. THE HAY BAILS WILL BE MAINTAINED AROUND THE CATCH BASIN UNTIL THE GRAVEL IS STABILIZED, THEN PERMANENTLY REMOVED. 7 d) If a domestic water source is to be shared by more than one owner, indicate who is legally responsible for its maintenance and possible replacement. (Attach copy of deed restrictions or other evidence which will ensure continued maintenance.) e) Is Health Department approval necessary for a shared water system or extension of a municipal water line? _Yes or k No? (Contact the Regional Engineer with the Protection Division or the Health Department at 863-7220.) If yes, what is the status of your application? f) Describe the source of any commercial or industrial water supply (if different from above) and demonstrate that water exists in sufficient quantity for the needs of the project. (Show details on site plan.) g) Demonstrate that the use of any of the water sources listed in a) or f) above will not restrict the flow of water to other existing users. (Include location and distance to nearby wells or springs, nearby well information, pump test results, letter from municipal or private water company, hydrologic study, etc.) h) If there are any community wells nearby (for example, in mobile home parks, condominium projects, high density subdivisions, etc.) which might be affected by your project, contact the Health Department at 863-7220 to see whether their review is necessary. If their review is necessary, attach a review letter if available. Criterion 4) Soil Erosion. Demonstrate that the project will not cause unreasonable soil erosion; and will not cause a reduction in the capacity of the land to hold water so that a dangerous situation results: _ aI >�7 �c�c C�i�(Xc)'d '__ ,� � O_ a) Describe the topography of the project site, the proximity of sloping lands to water bodies and property boundaries, and the potential for soil erosion. (Show contours on site plan in five foot intervals.) (Show precise limits of soil disturbance on site plan.) 0ct)-t,1Cli CZRG(t i--) -(1nN Clr' it ^ IrYa —4ivr7-ik<,..%v rvl Iai-,k (-r)Ac_Vv lrxa-rir. nw9 [-\*.iv V--Iarv"_ b) Indicate what erosion control measures will be taken during construction to prevent eroded sediment from reaching a water body or adjoining property. (Include hay bale dams or silt fences, daily mulching, diversion ditches, sediment basins, etc.) (Show details on site plan.) c) Indicate what permanent erosion control measures will be taken after construction to stabilize the site from continued erosion. (Include stone -lined ditches, grassed swales, paving, rip -rap, seeding mixtures, etc.) (Show details on site plan.) (A-Vi °h.PC ,� r=t' -� y tzc t� I «r\ C_a(\C' ,, e I�Iou1 , C4racklY\ 8 If exterior site work or earth moving will occur between October 1 and April 15, indicate what special erosion control m:asures will be taken to stabilize bare soils through the winter months. e) How frequently will the erosion controls be ins acted during construction and who will be accountable for their maintenan,:e? (1 �t't CJC�<``� `3'_J0J r,_k f) Indicate what percentage of the project site will be covered with buildings, roadways, parking areas, or other areas impervious to water. (Show on site plan. ,. _ .. , X A ._ - ,1 I.. - 1, . .. . _ . ,.. I - . -V - l _ I . " , , 'e"" , L'/- - i g) Demonstrate how the increased rate of stormwater runoff from these areas will not not create a dangerous or unhealthy situation for adjoining property owners or downstream areas due to streambank erosion or flooding. (Show drainage swales, culverts, and retention basins on site plan.) �llr-("tCa,�lY 1Ll ��Cl"S� C�( ��(2 rY` i"alt'_r h) If the project involves the construction of a permanent dam, check here [ ] and contact the District Coordinator for further guidance. Criterion 5) Highways and Other Means of Transportation. Demonstrate that the project will not cause unreasonable congestion or unsafe conditions with respect to the use of highways and other means of transportation: a) Indicate where vehicles will have access to a state or local highway from this project. (Show location on site plan and on site location map.) b) Describe the design of the driveway(s) or road intersection(s) and demonstrate adequate safety (include number of lanes, traffic controls or signals, approach grades, sight distances in each direction along the state or local highway, legal speed limits, etc.). (Show details on site plan.) c) Is a permit required from the Utilities Division of the Agency of Transportation for commercial or residential access onto a state highway? Yes or '/ No? (Contact the Utilities Division of the Agency of Transportation at 82_8-2653 if you are uncertain.) If yes, what is the status of your application? d) Is a permit required from your municipality for access onto a town or city highway? _Yes or V-No? (contact the zoning administrator, town manager, or road commissioner). If yes, what is the status of your application? 9 e) If a roadway is involved, indicate the len-;th of the road and the maximum gradient. (show road location, profile, and cross sections on site plan unless waived by District Coordinator) f) If a subdivision roadway is involved, is it likely to be turned over to the municipality? _Yes or _No? If yes, will the road be built to municipal specificationsT _Yes or _No? Is the municipality likely to accept the road? _Yes or _No? (Include letter from the municipality confirming this.) IF YOU ANSWERED NO TO EITHER QUESTION, BE CERTAIN TO ADDRESS CRITERION 9G (PRIVATE UTILITIES). g) Demonstrate that emergency vehicles and trucks will have sufficient access into the project site and can easily turn around. (Show details on site plan.) h) Demonstrate that adequate parking for peak periods will exist for the project. (Show details on site plan.) i) Demonstrate that the traffic associated with the project will not create unreasonable congestion or unsafe conditions on nearby highways or nearby intersections (include traffic counts during peak hours, measurements of delays in entering intersections, recommendations of traffic engineer, etc.) (Contact the District Coordinator for guidance and to determine if a traffic study is necessary.) k) If the project involves or may affect a railroad, airport, or other means of transportation not addressed in a) through i) above, check here [ ] and contact the District Coordinator for guidance. Criterion 6) Educational Services. Demonstrate that the project will not cause an unreasonable burden on the ability of local governments to provide educational services: a) If the project is residential or involves the creation of jobs, estimate how many school age children will likely result from the project and how that figure was determined. b) Demonstrate whether the local schools can accommodate the additional students listed under a) without significant hardship (include school impact form attached to application, letter from school district, estimates of student capacity at local schools, location of existing bus routes, etc.). l to c) Indicate what mitigation measures can b-s utilized with the project to offset any significant hardships on the local schools indicated above (include impact fees, phasing schedules, etc.) Criterion 7) Municipal Services. Demonstrate that the project will not cause an unreasonable burden on the ability of local governments to provide municipal or governmental services: a) Demonstrate that the local fire department can provide fire protection services without significant hardship —(include municipal impact form attached to the application, letter from fire department etc.). b) Is a Public Building Permit for electrical wiring and fire protection required by the Department of Labor and Industry? _Yes or _No? (Contact the regional Labor and Industry office.) If yes, what is the status of•your application? ie 1✓ i ► 1n GI c) Demonstrate that the local police department, constable, or state police, can provide police services for the project without unreasonable burden (include municipal impact form attached to the application,�etter from police departmen2� etc.). d) Demonstrate that sufficient solid waste disposal capacity exists at a local landfill, transfer station, or incinerator to meet the n of the project (include municipal impact form attached to the application ,letter from landfil operato copy of state landfill certification, etc.). e) Demonstrate that the municipality, or a volunteer organization serving the area, can provide rescue services for the project without significant hardship. (include municipal impact form attached to the application, letter from rescue squad, letter from town, etc.) f) Indicate what mitigation measures are proposed with the project to offset any significant hardships on the municipal services indicated above (include impact 'fees, phasing schedules, etc.). g) Describe any potential impacts to services provided by adjacent municipalities as well as appropriate mitigation measures. CRITERION 8 THE EXISTING LOT IS RELATIVELY FLAT WITH EXPOSED OUTCROPPINGS OF ROCK AND AN ELECTRIC POWER LINE WITH A 100 FT. R.O.W. ON THE WEST. TO THE SOUTH IS A 40 x 120 METAL BUILDING WHICH HOUSES PECK ELECTRIC. TO THE NORTH, EXISTING WOODS, AND TO THE EAST IS A BANK, GENERALLY SLOPING TO MUDDY BROOK, WHICH IS TREED AND VSGETATED. THE BUILDING IS LOCATED BEHIND PECK ELECTRIC'S BUILDING AND AT THE SAME ELEVATION IF YOU ARE ENTERING THE PARK ROAD. THE BUILDING EXTERIOR IS OF THE SAME MATERIALS AS THE OTHER 4 METAL STRUCTURES, AND OF THE SAME ROOF DESIGN, WITH 3 FOOT OVERHANGS. THE COLOR IS COMPLIMENTARY TO THE TWO NEIGHBORING BUILDINGS IN THAT THE BODY AND TRIM ARE ALTERNATED TO THEM. ALL OF THE STRUCTURES IN THE PARK ARE OF THE SAME COLORS BUT ALTERNATE FROM BUILDING TO BUILDING. THE PARKING AS SHOWN ON THE SITE PLAN IS REALLY THE ONLY WAY TO PLACE THEM ON THE LOT, BUT WITH THE PLANTINGS AND ELEVATION CHANGES THROUGHOUT THE PARK, THE IMPACT VISUALLY IS MINIMAL. SIGNS WILL BE MOUNTED ON THE BUILDING EXTERIOR AS ARE THE OTHER LOTS, WITH COMPLIMENTARY COLORS. ALL EXTERIOR LIGHTING IS LOCATED ON THE BUILDING UNDER THE 3 FOOT OVERHANG, WHICH ALLOWS FOR A DOWN CAST EFFECT. THE REFUSE CONTAINER WILL BE LOCATED TO THE REAR OF THE BUILDING AND OUT OF SIGHT OF THE TRAVELING PUBLIC. THE METAL CONTAINER WILL BE ROUTINLEY DISPOSED OF BY A LOCAL TRASH REMOVAL COMPANY. I DO NOT BELIEVE THAT THERE IS ANYTHING HISTORICAL ON THIS SITE, DUE TO ALL THE CONSTRUCTION FROM THE PREVIOUS INDUSTRIAL PARK CONSTRUCTION. 11 ('riterion 8) Scenic Beauty, Historic Sites, and Natural Areas. Demonstrate that the project will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare or irreplaceable natural areas: a) Describe the visual appearance of the project site and surrounding area as it exists without the project (include open areas, wooded areas, mountains, ridgelines, wetlands, streams or shorelines, existing structures nearby, etc.). (Show existing features on site plan.) b) Demonstrate that the project's visual appearance from a highway, community center, or nearby residences is consistent with the visual appearance of the existing area as described in a) above: i) Demonstrate that the project use (residential, retail, industrial, etc.) is consistent with the existing or planned land uses in the area. Will the project generate any significant noise related impacts during and/or after construction? If so, what mitigation efforts are being proposed. ii) Demonstrate that the building size, density, and location are not out of character with the terrain of the site, the size of nearby buildings, surrounding vegetation, and nearby scenic vistas from highways or community centers. (Show details on site plan.) iii) Demonstrate that the architectural style and building materials and colors are not out of character with the st le of area buildings (provide drawings of building). -SCtriNP i-fOA C,7 - 31f-LlC I(\r-C Cl`� iv) Demonstrate that parking areas are designed to minimize their visibility from the highway or nearby residences. (Show on site plan.) v) Demonstrate that any project signs are designed to minimize their visual impact on the surrounding area (include size, illumination, and colors). (Show location on site plan.) lc�l1 C �1�i.1 \ 12 vi) Demonstrate that any exterior lighting is designed to minimize its visual impact on the surrounding area at night, .ind that it will not glare into the highway or nearby residences (include size, wattage, fixture style, and pole height). (Show location on site plan and include manufacturer's specification sheet.) vii) Demonstrate that any utilities (propane tanks, trash dumpsters, electric distribution lines and poles, etc.) are designed to minimize their visibility from the highway or nearby residences. viii) Indicate what additional landscaping will be added to the project site to minimize any of the visual impacts discussed above. (Show details on site plan.) ix) Indicate if any restrictions on tree cutting or earth disturbance will be used to minimize any of the visual impacts discussed above. (Show details on site plan.) c) Will the project have a significant impact on a historic site identified by the Division of Historic Preservation? _Yes or ZcNo? (Contact the Division for Historic Preservation at 828-3226 for guidance.) If yes, what measures will be used to minimize or mitigate the impacts? d) Will the project have a significant impact on a designated rare or irreplaceable natural or fragile area on or near the project site? (Contact the Vermont Natural Heritage Program at 244-7340 for assistance in identifying natural or fragile areas.) nn Criterion 8A) Wildlife and Endangered Species. Demonstrate that the project will not destroy or significantly imperil necessary wildlife or endangered species habitat: a) indicate whether any critical wildlife or endangered species habitat exists on or near the project site (include deer wintering areas, bear feeding areas, pristine rivers or streams, wetlands, or the like.) (Contact the District Fish and Wildlife office for assistance in identifying wildlife habitat.) (Contact the Vermont Natural Heritage Program at 244-8711 for assistance in identifying endangered species habitat.) (Show areas on site plan.) 13 b) If critical wildlife habitat exists on or near the project site, indicate how the project will not destroy or imperil that habitat, or indicate what mitigation measures can be taken to minimize the impact (prepare response to the subcriteria of Criterion 8(a)). (Show details on site plan and attach review letter from the Department of Fish and Wildlife). Criterion 9A) Impact of Growth. Will any increase in population associated with the project create an undue financial burden upon the ability of the town or region to accommodate such growth: a) If the project is residential in nature, indicate how many additional people may live in the project, what portion may be seasonal, and what percentage of the total population of the municipality this project represents (include population or housing statistics, etc.). b) Does the municipality have the financial capacity to accommodate this additional population growth or indicate what mitigation measures can be utilized to offset the financial burdens on the municipality (include letter from the municipality, reference answers to criteria 6 and 7, fiscal impact report, etc.)? Criterion 9B) Primary Agricultural Soils. Demonstrate that the project will not significantly reduce the agricultural potential of primary agricultural soils: a) Does the project site contain primary agricultural soils? If so, indicate how many acres. Has the project been designed to minimize the impact on the future agricultural use of the soils. (Contact the District Soil Conservationist with the Natural Resource Conservation District or the Land Use Planner with the Vt. Department of Agriculture at 828-2504 for assistance.) (Show agricultural soils on site plan or attach soil map.) b) If the project cannot avoid significant reduction in the potential of the primary agricultural soils as identified in a) above, then answer i) through iv) below: i) Demonstrate that there is no other use of the site which would have less impact on the primary agricultural soils, but would still provide a reasonable rate of return on the fair market value of the project lands taken as a whole, including a scaled down version of the proposed project (include financial analyses of alternative designs of the project and alternative projects which show returns on the fair market value of the land including the investment). 14 ii) Demonstrate that there are no other non -primary agricultural soils owned by the applicant or coapplicant which are reasonably suited for this project. iii) Demonstrate that the project has been clustered or otherwise designed to minimize the reduction of primary ;agricultural soils in order to retain the better soils in larger, farmable units under unified ownership. (If a subdivision is involved, attach dei:d restrictions which assure common ownership or control of the preserved agricultural soils.) (Contact the Land Use Planner with the Vt. Department of Agriculture at 828-2504 for assistance.) iv) Demonstrate that the project will ;iot significantly interfere with or jeopardize the continued agricultural use of .adjoining lands or reduce their agricultural or forestry potential. Criterion 9C) Forest and Secondary Agricultural Soils. Demonstrate that the project will not significantly reduce the potential of secondary agricultural soils or forest soils: a) Indicate whether the project site (acreage owned by applicant or coapplicant) contains of soils which have long term commercial forestry potential as identified by the U.S. Soil Conservation Service, or by the state County Forester. (Contact the District Soil Conservationist with your Natural Resource Conservation District or your state County Forester for assistance.) (Show forest soils on site plan.) b) If the project site does contain forest soils, indicate how the project has been designed to minimize the impact on the future forestry use of the soils. c) If the project cannot avoid a significant reduction of the forest soils as identified in a) above, then answer i) through iii) below: i) Demonstrate that there is no other use of the site which would have less impact on the forest soils, but would still provide a reasonable rate of return on the fair market value of the project lands taken as a whole, including a scaled down version of the proposed project (include financial analysis of project and alternative projects which show returns on the fair market value of the land as a whole). 15 ii) Demonstrate that no other non -forest :oils owned by the applicant or coapplicant which are reasonably suited for this 1-roject. iii) Demonstrate that the project is clustered or otherwise designed to minimize the reduction of forest soils and to retain the better soils in larger, manageable units under unified ownership. (If a subdivision is involved, attach deed restrictions which assure common ownership or control of the retained forest soils.) (Contact your County Forester for assistance in designing projects.) Criteria 9D and 9E) Earth Resources. Demonstrate that the project will not interfere with the future extraction of earth resources; and demonstrate that if the project involves the extraction of earth resources that it will not unduly harm the environment or neighboring land uses, and will be reclaimed for an alternative use: a) Does the project site have a high potential for extraction of mineral or earth resources? _ Yes or _No? (Contact the State Geologist at 244-5164,) b) If yes, then indicate how access to the resource can be maintained in the future. c) If the project involves the extraction of earth resources for commercial sale, or involves extensive use of borrow material from on site or nearby, answer i) through iv) below: (Contact the District Coordinator if you need assistance.) i) Demonstrate that any proposed blasting will not damage nearby water supplies or structures, and will be limited in duration and size so as to not be a continual nuisance for nearby residents (include blasting plan, insurance information, notification process, hydrogeologic reports, etc.). ii) Demonstrate that any trucking of excavated material will not unduly damage area highways, and will be reasonably limited in duration and frequency so as to not be a continual nuisance for nearby residents (include trucking plan, hours of operation, extraction rates, vehicle trips per day, etc.). iii) Describe the reclamation plans for the extraction area and how those plans can be financially assured (include final contours on site plan, landscaping plan, future land uses, bonding plan, escrow contribution schedule, etc.). CRITERION 9F THIS STRUCTURE WILL BE OF A STEEL FRAME CLEAR SPAN TYPE AS MANUFACTURED BY PACKAGE INDUSTRIES, SUTTON, MASS. STEEL INSULATED OVERHEAD DOORS ARE LOCATED ON THE WEST AND SOUTH SIDE WALLS. ~ THE SOUTHERN MOST PORTION OF THE BUILDING WILL HOUSE THE FINISHED OFFICE. INSULATION - APPROVED METAL BUILDING INSULATION WITH THERMAL STRIPS ATTACHED ALONG THE ROOF PURLINS. THIS COMBINATION WILL GIVE AN R-VALUE OF 20, WITH A HEAT SOURCE OF SUSPENDED INFRARED GAS UNITS IN THE OPEN AREA. THE INFRARED GAS UNITS DIRECT THE HEAT TO THE FLOOR AND HELP MAINTAIN AN EVEN TEMPERATURE IN THE OPEN AREA. THESE GAS UNITS USE 50% LESS FUEL THAN THE BLOWER TYPE. THE OFFICE AREAS WILL BE HEATED WITH DIRECT VENT THRU WALL GAS UNITS, AND THE WALLS WILL BE R-19, AND THE CEILING R-40. OUR TENTATIVE CONSTRUCTION SCHEDULE WILL BE: START - MID JUNE COMPLETION - SEPT. 15TH OF THIS YEAR LANDSCAPING COMPLETED BY THE SUMMER OF 1991 (TREES AND SHRUBS) IT WILL BE IN OUR BEST INTEREST TO COMPLETE THIS ' PROJECT IN AS SHORT A PERIOD OF TIME AS POSSIBLE AND HAVE IT LOOK GOOD. 16 Criterion 9F) EnerRy Conservation. Demonstrate that the project reflects the principles of energy conservation and utilizes the best available technology for energy efficiency: a) If the project involves commercial, institutional, or industrial buildings, indicate what measures will be used to conserve energy (include details on insulation, windows and doors, heating and venilation, lighting, etc.). (Contact the Public Service Departrt�ent at 828-2393 or at 1-800-642-3281 assistance.)(� zt-) 't I,`�Clil-� ct r,nn — rZ-I 1,-(A— 1 12 In I it -(f)IA1'\AaIIA rl I CYA ll� (Zrt�i'►-r�r V\c^nAI(-V% — rir,iIhW n\r1ii-" Ie1-7v\lFNII)4'. ')Ii'-<,,0ri1rA nl/'Y'1.1 b) If the project involves commercial, institutional, or industrial buildings, demonstrate that electrical use has been limited to those uses for which no alternative energy source is reasonably suited. c) If the project involves a residential subdivision or condominiums, would you object to a permit condition which read: "The permittee and all subsequent owners shall install and maintain energy conservation measures in any heated structures, including insulation with a R-value of at least R-19 in the exterior walls, at least R-38 in the roof or cap and at least R-10 around the foundation or slab, with double pane glass or storm windows and insulated doers." _Yes or _No? If no, indicate why and what energy conservation measures will be required. d) If the project involves a residential subdivision, condominiums or a commercial development, would you agree to a permit condition which read: "The installation of electric resistance space heating equipment in any building is expressly prohibited without prior District Environmental Commission approval"? _Yes or _No? If no, indicate why and why more efficient forms of energy cannot be used for space heating. Criterion 9G) Private Utilities. Demonstrate that any private utilities (shared by two or more owners) will not become a burden on the municipality if it must assume responsibility for them: a) Indicate whether any of the utilities (road, water system, sewer line, septic system, etc.) will be controlled by more than o)te owner, and if so, indicate who will bQ legally and financially responsible for ongoing maintenance and eventual replacement. b) If a private utility will likely be transferred to the municipality, indicate how it will meet municipal specifications. 17 c) If a private utility will not be transferred to the municipality, indicate how the utility will continue to be maintained so as to not become a burden for the municipality at a later date. (Attach copy of deed restrictions or other evidence which will ensure private maintenance and eventual replacement of the utilities.) Criterion 9H) Scattered Development. Demonstrate that if the project is not physically contiguous to an existing settlement, it will not result in greater costs to the municipality than it provides in additional tax revenues and other public benefits: a) Indicate whether the the project site is physically contiguous to an existing settlement (be certain to include site location map). b) If the project is not contiguous to a settlement, demonstrate that the additional tax revenues and other public benefits of the project outweigh the additional costs of providing municipal services to the project (information generated under criteria S, 6, 7 and 9A.) c) Indicate what mitigation measures can be utilized with the project to offset any excessive costs for the municipality indicated above which are not offset by additional tax revenues or other public benefits (include impact fees, phasing schedules, etc.). Criterion 9J) Public Utilities. Demonstrate that the project will not place an excessive or uneconomic demand on any necessary governmental or public utility facilities or services: a) Indicate what governmental services or public utility services are needed and demonstrate that such services can be provided without undue burdens. b) If the project involves commercial, institutional, or industrial uses, indicate how electrical use will be minimized during prak periods of energy demand in the service area for the utility (include major sources of energy usage, letter from the utility serving the project, etc.). 18 c) If any utility lines cross the project site other than along the highway, demonstrate that the utility lines will not be significantly affected (include letter from utility company). (Show utility lines on site plan.) Criterion 9K) Public Investments. Demonstrate that the project will not endanger any adjacent public investment: a) If any public facilities or lands are located adjacent to or on the project site, demonstrate that the project will not significantly affect those facilities (include highways, parks, schools, fire stations, sewer lines, etc.). Criterion 9L) Rural Growth Areas. To the extent that the project parcel or any area within the parcel is identified as a "rural growth area," indicate how the project has been clustered or otherwise designed to provide for reasonable population densities and rates of growth to economize on the cost of roads, utilities and land usage. (Contact the District Coordinator if you need assistance.) Criterion 10) Local and Regional Plans. Demonstrate that the project conforms to the municipal plan or regional plan or municipal capital program adopted under 24 V.S.A., Chapter 117: a) Is there a duly adopted town plan? If so, explain how the project conforms to that plan with regard to land use, goals and objectives, and comments from local authorities (include copy of plan's land use map, relevant plan language on appropriate land uses or building densities, letter from the planning commission, etc.). b) Indicate what type of land uses are encouraged or allowed on the project site under the regional development plan if one exists (include copy of plan's land use map, relevant plan language on appropriate land uses or building densities, letter from the regional planning commission, etc.) (Contact your regional planning commission for assistance.) c) Does the municipality have a capital }grogram? If so, indicate how the project conforms to that program. (Note: contact your town planner or planning commission for assistance.) 4/89 19 District Office Use Only Application 0 PROJECT EXHIBIT LIST FOR DATE NO. ADMITTED BY SUBJECT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 20 PAGE 2 EXHIBIT LIST (CONTINUED) PROJECT DATE NO. ADMITTED BY SUBJECT 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 4/89 cruL,nu nnr City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 2, 1991 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: Zoning appeal, 20 Palmer Heights Dear Alan: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference room, 575 Dorset Street on Monday, January 14, 1991 at 7:00 P.M. to consider your zoning application. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp +vZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A., the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street. South Burlington, Vermont on Mondayy Jan- uary 14, 1991 at 7% pm. to consider the following: N1 Appeal of Alan Palmer seeking approval from Section 13.20 Conditional uses, sub section 13.205 Automotive repair and Section 19.65 Multiple use of the South Burlington Regulations. Request is for permission to occupy an existing 50'x150' structure with an auto- motive repair shop (ap- proximately 2500 square feet) and a general con- tractor (approximately 5000 square feet) on a lot containing 2.09 acres and 120 feet frontage, located at 20 Palmer Heights. #2 Appeal of Donald Car- ney seeking a variance from Section 18.00 Di- mensional requirements of the South Burlington Regulations. Request is for permission to subdi- vide an existing lot into two lots with one lot con- taining approximately 10,200 square feet and seventy (70) feet frontage and construct a 32'x36' two story dwelling, exist- ing lot contains 25,400 square feet with one hun- dred fifty (150) foot front- age, located at 95 Kirby Road. N3 Appeal of Clement Couillard seeking a vari- ance from Section 18.112 Height of structure sub section (d) construction of a chimney, of the South Burlington Regulations. Request is for permission to construct a single-fami- ly dwelling at a height of thirty-seven (37) feet on the southerly side which includes a chimney, on a parcel of land containing 8.8 acres with 130 feet frontage, located at 600 Spear Street. N4 Appeal of Albert St. Amand seeking approval from an administrative de- cision that would allow a truck rental business as an accessory use in con- junction with a mini self storage business, d.b.a. Easy Self Storage, lo- cated at 46 Swift Street. N5 Appeal of Lee Zac- hary seeking approval from Section 19.65 Mul- tiple uses of the South 3urlington Regulations. Request is for permission o convert an existing structure containing ap- xoximately 5800 square eet into a banquet facility n conjunction with an 3xisting restaurant on a of 1.8 acres, located at '234 Williston Road. Richard Ward, Zoning Administrative Officer )ecember 29, 1990 1 -1-1 le� -Ai470 SSQ<UicE (W-56 ACE- = � 3l, , o2v ram' sot 'EI -"V"w City of South Burlington Application to Board of Adjustment Date r Gib Applicant Al 6�y► t ►^� �'2 Owner, leasee,�z), agent Address �-b5b �, I�� ors Telephone # Landowner. \J 11-''lUl V.JC APPLICATION # HEARING DATE FILING DATE �z ,3 --9 v FEE AMOUNT -49� 3y Address Location and description of property r� Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question Reason for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearing Date Signature of Appellant / 2 -.Z G Do not write below this' lire ----------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regu-ations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on —y,'n *-%.- Day of We at 7.'0"044. to consider the following: M th and Date Timb Appeal of•' { seeking d: F f from Section /S,ZiV ,�'.�'� � � �-.�-�, a ��� �-.."-•�- • �f'� J ..tom of the South Burlington Regulations. equest is for permission to f FT. R/GfHT OF WMv NMOUNTA/NPOWER -� i 325 AWWR5114L L , TIDE - EDGOUTCROP/ 3�5 3� .!'5/6. O CAP E � / h EXISTING CATCH BASIN o `' " GR,41/EL L 0,40ING + ZONE AWF-74L BUILDING 7500 sq. ff. �fl00F ��— RiNSrALLL ESOILE0 AT ap oF �4mr aE i 0 FORM 4TIO/V.' 009 i 70 30 O. FT. REIi/SED. 3-9-90 3-?6-90 DEPRESSED SED/MENT CONTROL AREA DURING IMAINTAINED CONSTRUCT/ON ONLY �� 3/2. - SOIL EROSION CONTROL SITE PLAN FOR LOTNO. 4 AWUDOY BROOff /NOUS7i 14L P4Rff PAL AWSR HIEGHTS SO. BURL INGTON, t/ER/LIONT ADD STORMN�ATER 05 - 2-9- 90 VERMONT LAND SURVEYORS 06--/9-90 DRAINAGE SHANGE PALMER COMP:NNl urt). ■ 4050 WILLISTON RI). SO. BURLINGTON. VERMONT 0:1403 SCALE: //NCH= 20 FEET 11FRT. FACE O /0' 20' 40' 60' 80' /00' DATE: ✓AN414RY3/, /990 _ SURVEYED: PAL CO CO. JOB DRAWN: TIMOTHY LEM/EUX, A, LAMBERT ✓R. T7- CHECKED, ALANPALMER FIREHYDRANT �R 3/4.4 EXISTING i / P/' CATCH 3/4/ BASIN .4 4TCHBASIN `. PUMP_s STAT/ON Cq hl �, EX/STING CURB BUT EX/S771k GROUND EXISTING BLOC. EXISTING CURB CUT H4YB4LES/LT 7EN770V 70 BE 4CED Al k2aVo _ yr cs� 0 0 cp PECK \ N"'•• EZ-ECrRiC co. L,4NOSC�JPE KEY ,?-A LOCUST IGL EOMSIA /NERM/S) 2 /X2 "-3 - CALIPER 6-9 WHITEP/NE /P/NUS S7?1?G14USJ 2 //2 "- 3 "" CAL/PER 5- C CRIMSONK/NG MAPLE /ACER PL,4TANOIDESJ 2I/2"- 3 " CALIPER 2 -D 4/1.200,0ENORON /CAROL IN14NUM- ALBUM.) 3-E CRABAPPLE /MAL US) /-F DWARF MUGHO PINE /P/NUS MUGfrM /7- G OWARF YEW /TAXUS 9o4CCA74 REPANOENS J TYP/CAL BALED HAY nc crowrAI I "X / " ,r 4 'HARDWOOD STAKES 10,411EMENT a FIRST FL OOR S" ELEv = 317. 0' v, G L OT COAER.4C BUILDING LANDSCAPED ARZ BU/L DING, PARK/N OUTS/DE STORA -RONT AREA .• 49 30 x Yl IASO 70 X GRASS t� M 34LEPLACEO aV EM7 N. rs,