HomeMy WebLinkAboutAO-18-01 - Supplemental - 1505 Dorset Street (2)MSK
A T T O R N E Y S
October 26, 2018
VIA HAND DELIVERY
Ms. Donna Kinville, City Clerk
575 Dorset Street
South Burlington, VT 05403
Re: Notice of Appeal to Development Review Board Concerning Master Plan
Application No. MP-18-01 and Preliminary Plat Application No. SD-18-29
Dear Donna:
This firm represents Tom and Donna Anfuso, 695 Nowland Farm Road; Robert
Brinckerhoff and Louise Hammond, 15 Shea Drive; Andrew and Alyson Chalnick, 670 Nowland
Farm Road; Rosanne Greco and Higley Harmon, 63 Four Sisters Road; William and Kathy Hays,
51 Old Schoolhouse Road; Noah Hyman, 1575 Dorset Street; Claudia J. Miller, 48 Old
Schoolhouse Road; Steven and Dunia Partilo, 64 Shea Drive; and Darrilyn Peters, 37 Old
Schoolhouse Road, all of South Burlington (collective, "Appellants"). Enclosed for filing please
find the following:
1. Appellants' Notice of Appeal, including Exhibits A, B, C and D; and
2. A filing fee check (No. 15728) for $233.00 made out to City of South Burlington.
Pursuant to 24 V.S.A. § 4465(a), I am filing the enclosed Notice of Appeal with you
because there is no indication on the City's webpage listing the current Development Review
Board ("DRB") members that the DRB has elected a secretary. If the DRB does have a
secretary, I would be grateful if you would forward the enclosed Notice of Appeal to him/her.
Thank you very much for your assistance. Please contact me with any questions.
Sincerely yours
Daniel A. Seff
dseff@mskvt.com
cc: Mr. Paul Connor, (via hand delivery to the City Clerk's Office) (w/encl. # 1)
Dorset Meadows LLC (via First -Class Mail) (w/encl. # 1)
Mr. Bryan Currier, O'Leary -Burke Associates, PLC (via First -Class Mail) (w/encl. 91)
00335054.docx
275 COLLEGE STREET, PO BOX 4485 , BUKLINGTON, VT 05406-4485 , PHONE 802 861-7000 • FAX 861-7007 • MSKVT.COM
Master Plan Application No. MP-18-01
Preliminary Plat Application No. SD-18-29
NOTICE OF APPEAL
Now COME Tom and Donna Anfuso, 695 Nowland Farm Road; Robert Brinckerhoff and
Louise Hammond, 15 Shea Drive; Andrew and Alyson Chalnick, 670 Nowland Farm Road;
Rosanne Greco and Higley Harmon, 63 Four Sisters Road; William and Kathy Hays, 51 Old
Schoolhouse Road; Noah Hyman, 1575 Dorset Street; Claudia J. Miller, 48 Old Schoolhouse
Road; Steven and Dunia Partilo, 64 Shea Drive; and Darrilyn Peters, 37 Old Schoolhouse Road,
all of whom are South Burlington residents as well as persons interested in the above -referenced
Applications (collectively, "Appellants"), by and through their counsel, MSK Attorneys, and
hereby appeal, pursuant to 24 V.S.A. §§ 4465 and 4466 and Section 17.14 of the South
Burlington Land Development Regulations ("SBLDR"), to the South Burlington Development
Review Board ("DRB") from the October 12, 2018 decisions of purported Administrative
Officer Paul Conner ("Mr. Conner") holding that the following two Applications are "complete":
(1) Application for Master Plan Review, No. MP- 18-01, submitted by Dorset Meadows
Associates LLC (copy attached hereto as Exhibit A); and (2) Application for Subdivision Plat
Review (Preliminary), No. SD-18-29, submitted by Dorset Meadows Associates LLC (copy
attached hereto as Exhibit B). These two Applications are referred to herein collectively as the
"Applications."
A copy of Mr. Conner's October 12, 2018 letter to Mr. Peter Kahn purporting to deem
the Applications "complete" is attached hereto as Exhibit D.
Page 1 of 9
2. DESCRIPTION OF THE PROPERTY: This appeal concerns the property known as
1505 Dorset Street, which is approximately 69.66 acres according to the above -referenced
Applications filed by Dorset Meadows Associates, LLC (the "Applicant")
3. STATUTORY AND REGULATORY PROVISIONS APPLICABLE TO THIS APPEAL:
24 V.S.A. §§ 4448(b), 4461(a), 4465 and 4466; 24 App. V.S.A. ch. 13, §§ 301, 310(b)(1), 904(n)
and 1901; and SBLDR § § 2.02, 15.05, 15.07, 15.08, 17.09 and 17.14.
4. RELIEF REQUESTED: Appellants request respectfully that the DRB reverse the
October 12, 2018 decisions by Mr. Conner holding that the Applications are "complete" and
declare that his purported October 12, 2018 decisions approving the Applications as "complete"
are invalid, null and void, and of no force or effect. In addition, Appellants request respectfully
that the DRB declare that the Applications are premature, unripe, invalid, null and void, and of
no force or effect.
5. GROUNDS FOR RELIEF: For the reasons set out herein, Appellants maintain
respectfully that the requested relief described in paragraph 4, above, is proper under the
circumstances.
POINT A
THE APPLICATIONS ARE, AS A MATTER OF LAW, PREMATURE,
UNRIPE, INVALID, NULL AND VOID, AND OF NO FORCE OR
EFFECT BECAUSE THE DRB SKETCH MEETING ON THE
APPLICANT'S SKETCH PLAN APPLICATION NO. SD-18-23 IS
STILL OPEN, AND FORMAL DRB SKETCH PLAN APPROVAL IS A
MANDATORY PREREQUISITE TO THE FILING OF APPLICATIONS
FOR MASTER PLAN REVIEW AND PRELIMINARY PLAT REVIEW.
The law is clear that the Applications are premature, unripe, invalid, null and void, and of
no force or effect absent compliance with statutory and SBLDR provisions that require formal
Page 2 of 9
DRB sketch plan approval as a mandatory prerequisite for an applicant to file applications for
master plan and preliminary plat review. See 24 V.S.A. § 4461(a), which requires written
minutes of DRB votes "showing the vote of each member upon each question...." (emphasis
added); and SBLDR § 15.05(C)(3), which mandates that the DRB "shall determine if the
proposed [sketch plan] application meets the purposes of the SBLDR as a necessary
requirement to close the meeting on the sketch plan (emphasis added). See also SBLDR §
15.07(C)(1) (master plan application must be filed "within six (6) months after the final DRB
meeting on the sketch plan") (emphasis added); and SBLDR § 15.08(A) (preliminary plat
application must be filed "within six (6) months of the meeting on the sketch plan").
The most recent DRB meeting on the Applicant's Sketch Plan Application No. SD-18-23
took place on August 7, 2018. The Minutes of the August 7, 2018 DRB meeting as well as the
CCTV video of that meeting confirm that the DRB members did not vote as to "whether the
sketch plan meets the purposes of of the SBLDR. Nor did the DRB members vote to close the
meeting concerning Sketch Plan Application No. SD-18-23.1 As such, the DRB sketch meeting
concerning the Applicant's Sketch Plan Application No. SD-18-23 is still open. See 24 V.S.A. §
4461(a) and SBLDR § 15.05(C)(3). It follows ipso facto that the master plan and preliminary
plat Applications that are the subject of this Notice of Appeal are, as a matter of law, premature,
unripe, invalid, null and void, and of no force or effect.
1 The Minutes of the August 7, 2018 DRB meeting are available at
http://clerkshq.com/default.ashx?clientsite=SouthBurlington-vt (last visited Oct. 26, 2018). The CCTV
video of the August 7, 2018 DRB meeting is available at https://www.cctv.or watch-ty/programs/south-
burlington-development-review-board-190 (last visited Oct. 26, 2018).
Page 3 of 9
APPLICATIONSEVEN IF THE SOMEHOW
CONNER LACKED AUTHORITY To DEEM THE APPLICATIONS
" HENCE His COMPLETE,91PURPORTED 1 t
DECISIONS APPROVING THE APPLICATIONSI ARE
INVALID, NULL AND VOID, ANDI I FORCE OR
As explained above in Point 5(A), the master plan and preliminary plat Applications that
are the subject of this Notice of Appeal are, as a matter of law, premature, unripe, invalid, null
and void, and of no force or effect because the DRB meeting concerning the Applicant's Sketch
Plan Application No. SD- 18-23 is still open, and formal DRB sketch plan approval is a
mandatory prerequisite to the filing of applications for master plan review and preliminary plat
review. However, even if the Applications were somehow timely (which is not the case), Mr.
Conner lacked authority to deem the Applications "complete." Therefore, his purported October
12, 2018 approvals of the Applications as "complete" are invalid, null and void, and of no force
or effect.
The Administrative Officer is the City official with the power to declare a preliminary
plat application or master plan application complete. See generally 24 V.S.A. § 4448
(appointment and powers of administrative officer); and SBLDR § 2.02 (definitions of
"Administrative Officer" and "Complete application"). Indeed, the City's preprinted forms
entitled, "Application for Master Plan Review" (Rev. 2-2018) and "Application for Subdivision
Plat Review" (Rev. 5-2018) contain signature blocks for the "Administrative Officer" to sign and
check a box as to whether the application is "COMPLETE" or "INCOMPLETE." See Exhibit A
hereto, at 5; and Exhibit B hereto, at 5.
On September 26, 2018, City Development Review Planner Ms. Marla Keene signed the
Applications as the City's purported "Administrative Officer," and in the course of doing so, she
deemed the Applications "complete." See Exhibit A hereto, at 5; and Exhibit B hereto, at 5.
Page 4 of 9
However, on information and belief, Ms. Keene was not the City's Administrative Officer on
September 26, 2018 (or at any other time before or since). According to the City's website, Ms.
Keene's sole job title is "Development Review Planner."2
Ms. Keene's September 26, 2018 actions are the subject of a separate and pending
October 11, 2018 appeal to the DRB by the same above -listed Appellants.
On September 26, 2018, the date Ms. Keene deemed the Applications "complete," and on
October 12, 2018, when Mr. Conner, signing his letter as "Zoning Administrative Officer,"
purported to do the same (see Exhibit D hereto), the City's Administrative Officer was Ms.
Dalila Hall. See the Minutes of the September 18, 2018 DRB meeting, at 4 ("Ms. Keene
introduced Dalila Mall, the new Zoning Administrator.") (emphasis added).3 In other words,
on September 26, 2018 and on October 12, 2018, Ms. Dalila Hall — and not Ms. Keene or Mr.
Conner — was the City official with the authority to decide whether the Applications were
complete or incomplete.4
Vermont law contemplates the possibility that a municipality could have an "acting
administrative officer" and/or an "assistant administrative officer." See 24 V.S.A. § 4448(b):
2 See South Burlington, Vt., Department of Planning and Zoning, Meet the Staff,
http://www.southburlin onvt. og v/departments/planning and zoning/contact us.php (last visited Oct. 26,
2018). See Exhibit C hereto, which is an excerpt from this webpage as of October 10, 2018 showing Ms.
Keene's biography.
3 The Minutes of the September 18, 2018 DRB meeting are available at
http://clerkshq.com/default.ashx?clientsite=SouthBurlington-vt (last visited Oct. 26, 2018).
4 The current (October 26, 2018) version of the Department of Planning and Zoning's "Meet the
Staff' webpage contains the following entry, which further confirms that Ms. Dalila Hall is the City's
Administrative Officer:
D H
See the web link in footnote 2, above (last visited Oct. 26, 2018).
Page 5 of 9
The planning commission may nominate and the legislative body
may appoint an acting administrative officer who shall have the
same duties and responsibilities as the administrative officer in the
administrative officer's absence. If an acting administrative officer
position is established, or, for municipalities that establish the
position of assistant administrative officer, there shall be clear
policies regarding the authority of the administrative officer in
relation to the acting or assistant officer.
Id. § 4448(b). On information and belief, however, Mr. Conner was not an "acting
administrative officer" or an "assistant administrative officer" as of October 12, 2018 (see, g,
Exhibit C hereto). Research has yet to reveal an instance in which the City Planning
Commission nominated Mr. Conner as an acting administrative officer, as required by 24 V.S.A.
§ 4448(b). Moreover, the Minutes of the September 17, 2018 City Council meeting state as
follows (at T 5(c)): "Appoint Dalila Hall as Acting Zoning Administrative Officer, Acting Code
Officer, and Acting Telecommunications Officer."5
Having established that Mr. Conner is not the City's Administrative Officer or an "acting
administrative officer," the only remaining question is whether Mr. Conner qualifies as an
"assistant administrative officer." Section 4448(b), quoted above, recognizes that there can be
such a position as "assistant administrative officer." Moreover, the SBLDR seems to do the
same. See SBLDR § 2.02 (defining "Administrative Officer" as "[t]hat person appointed by the
City Council who has any authority these Regulations may confer upon him or her, and any
Assistant Administrative Officer to administer the Regulations and to issue zoning permits")
(emphasis added); and SBLDR § 17.09(A) ("The City of South Burlington may appoint an
Administrative Officer and Assistant Administrative Officers pursuant to the City Charter.")
(emphasis added).
5 The Minutes of the September 17, 2018 City Council meeting are available at
http://clerkshq.com/default.ashx?clientsite--SouthBurlingion-vt (last visited Oct. 26, 2018).
Page 6 of 9
However, the City Charter does not provide for an "assistant administrative officer"
position. See 24 App. V.S.A. ch. 13, § 301(2) ("The Council by majority vote of all its members
shall appoint annually the City Treasurer, whose office shall be no longer elective and the City
Attorney, Zoning Administrator, Auditor, First and Second Constable, Grand Juror, City Agent,
and Trustee of Public Funds."). There is no mention in Section 301(2) or anywhere else in the
City Charter of an "assistant zoning administrator" or "assistant administrative officer." In those
instances in which `assistant' positions are permitted, the City Charter so states expressly. See,
�q&, 24 App. V.S.A. ch. 13, § 1901:
There shall be a Department of Assessment, which shall consist of
the position of Chief Assessor and such assistants as are deemed
to be necessary by the City Manager and approved by the City
Council. The Chief Assessor and assistants will be appointed, and
may be removed, by the City Manager in accordance with
subchapter 17 of this charter.
Id. § 1901 (emphasis added). See also 24 App. V.S.A. ch. 13, § 904(n):
The Manager, by letter filed with the City Clerk, may appoint an
officer or employee of the City to perform his or her duties during
his or her temporary absence or disability. In the event of failure
of the Manager to make such designation, the Council may by
resolution appoint an officer or employee of the City to perform
the duties of the Manager until he or she shall return or his or her
disability shall cease. However, if the Manager has within his or
her administration, formed and appointed the position of
Assistant City Manager, said Assistant shall automatically
assume the Manager's responsibilities during his or her
temporary absence or disability.
Id. § 904(n) (emphasis added).
There is no provision in the City Charter analogous to Section 1901 or Section 904(n)
which authorizes the City Council to approve an "assistant administrative officer." The list of
City Council -appointed positions in Section 301(2) is exhaustive and complete, and the position
of "assistant administrative officer" is not included, hence the City Council could not have
Page 7 of 9
deputized Mr. Conner as an "assistant administrative officer." See generally In re D.C., 2016 VT
72, T 31, 202 Vt. 3405 149 A.3d 466 ("As per the canon expressio unius est exclusion alterius,
when a drafter itemizes members of an associated group or series, we may justifiably infer that
items not mentioned were excluded by deliberate choice, not inadvertence.") (internal quotes
omitted); and In re Estate of Maggio, 2012 VT 99, 24, 193 Vt. 1, 71 A.3 d 113 0 (recognizing
the "time honored precept of expressio unius est exclusio alterius — the expression of one thing is
the exclusion of another") (internal quotes omitted).
It is true that the City Charter authorizes the City Council to "supervise, create, change,
and abolish offices, commissions, or departments other than the offices, commissions, or
departments established by this charter." 24 App. V.S.A. ch. 13, § 310(b)(1). Assuming without
conceding that Section 310(b)(1) authorizes the City Council to create the office of "assistant
administrative officer," research has yet to reveal an instance in which the Council actually
created such a position or in which the Council appointed Mr. Conner to the position of
"assistant administrative officer." See generally Exhibit C hereto (describing Mr. Conner's title
as of October 10, 2018 as "Director of Planning & Zoning" and noting that he carries the
additional title of "Chief Sustainability Officer").
In sum, even if the Applications were somehow timely (which, as explained above, is not
the case), Mr. Conner lacked authority to deem the Applications "complete." Therefore, his
purported October 12, 2018 decisions approving the Applications as "complete" are invalid, null
and void, and of no force or effect.
WHEREFORE, for the reasons stated herein, Appellants request respectfully that the DRB
reverse the October 12, 2018 decisions by Mr. Conner holding that the Applications are
"complete" and declare that his purported October 12, 2018 decisions approving the
Applications as "complete" are invalid, null and void, and of no force or effect. In addition, and
Page 8 of 9
for the reasons stated herein, Appellants request respectfully that the DRB declare that the
Applications are premature, unripe, invalid, null and void, and of no force or effect.
DATED at Burlington, Vermont this 26th day of October 2018.
Respectfully submitted,
Do
MSK ATTORNEYS
(F/K/A MURPHY SULLIVAN KRONK)
�AA
Daniel A. Seff, Esq.
275 College Street, P.O. Box 4485
Burlington, VT 05406-4485
Phone: 802-861-7000
Fax: 802-861-7007
Email: dseff@mskvt.com
Attorneys for Appellants
TO: Ms. Donna Kinville, City Clerk (via hand delivery)
Mr. Paul Conner, Director of Planning & Zoning (via hand delivery to the City Clerk's
Office)
Dorset Meadows LLC (via First -Class Mail)
Mr. Bryan Currier, O'Leary -Burke Associates, PLC (via First -Class Mail)
Page 9of9
No Text
r
rda
PLANNING & ZONING
Permit Number MP-_�_- ® 0
(office use only)
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 deemed
incomplete, and a delay in scheduling for the Development Review Board.
1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #)
Dorset Meadows Associates LLC, 44 Park Street, Essex Jct., VT 05452
02) 879-0403
2) LOCATION OF LAST RECORDED DEED (Book and page #) 13911110, 1409/218
3) APPLICANT (Name, mailing address, phone, fax & e-mail) .
Dorset Meadows Associates LLC, 44 Park Street, Essex Jct.,
(802) 879-0403
VT 05452
4) APPLICANT'S LEGAL INTEREST IN PROPERTY (i.e. fee simple, option, etc.) Owner
5) CONTACT PERSON (Name, mailing address, phone, fax and e-mail) Bryan Currier
(O'Leary -Burke Civil Associates), 13 Corporate Dr, Essex Jct., VT 05452
5a) CONTACT ENTAIL ADDRESS: bcurrier@olearyburke.com / peterskahn@live.com
6) PROJECT STREET ADDRESS: 1505 Dorset Street
7) TAX PARCEL 1D # (may be obtained online or at the Assessor's Office): 0570-01475, 0570-01505
8) PROJECT DESCRIPTION:
a) General project description (explain what you want approval for):
The project is a 150 unit residential planned unit development in the South Burlington
Southeast Quadrant. The proposed development will be served by municipal roads, sewer,
and water.
b) Existing uses on property (please describe sizes of each separate use, if applicable)
575 Dorset Street South Burlington, VT 05403 tell 802,846.4106 fax 802.846.4101 www,sburl.com
The project involves two existing parcels owned by the applicant. One of the parcels is
undeveloped and the other has a single family dwelling.
c) Proposed uses on property (please describe the size or number of units and nature of proposed uses)
The project is a 150 unit residential planned unit development. The existing single
family dwelling on the property will remain.
d) Maximum total number of residential units and/or square footage of uses to be developed, including any
existing units and/or uses to remain: 149 new units and 1 single family dwelling to remain.
e) Maximum proposed building height (if applicable)
The amount of stories facing the street in the SEQ-NR
f) Proposed phasing (please describe the number of total phases and, if applicable at this time, the number of
units or square feet of uses to be proposed in the first phase):
Please refer to SH P - Phasing Plan. The project will include a total of 4 phases. The first phase of the project
will include 50 units
9) MASTER PLAN UMBRELLA CRITERIA
a) Total acreage of involved property(ies) 69.66 acres
16.7 +/- acres
b) Total acreage of first phase for development (if known at this time)
150 residential units
c) Total number of residential units and/or sq ft of all uses requested
d) Existing impervious coverage, entire site (sq ft and %) 0.81 acres / 1.2%
e) Maximum proposed impervious coverage, entire site (sq ft and %)
f) Maximum existing building coverage, entire site (sq ft and %)
g) Maximum proposed building coverage, entire site (sq ft and %)
h) Estimated number of existing PM peak hour vehicle trip ends
13.75 acres / 19.7%
5,000 SF / 0.1%
7.75 acres / 11.1 %
145 PM Peak Hours Trips
145 PM Peak Hours Trips
i) Maximum proposed number of PM peak house vehicle trip ends
2 Master Plan Application Form. Rev. 2-2018
j) Existing or proposed encumbrances on property (easements, covenants, leases, rights of way, etc.)
N/A
k) Proposed extension, relocation or modification of municipal facilities (sanitary, sewer, water supply, streets,
stormwater, etc.) — please describe briefly
Extension of municipal water, sewer, and public road facilities
10) ESTIMATED FINAL PROJECT COMPLETION YEAR 2030
11) PLANS AND FEE
Please submit plans showing the information listed in Section 15.07(C)(3) of the Land Development Regulations.
Three (3) full-sized, one reduced size copy (11x17), and one digital (PDF-format) copy of the plans must be
submitted. Application fee must be included with the application.
NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in
accordance with 24 V.S.A. §4464(a) and Section 17.06(8) 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 request as part of this application has been submitted and is accurate to
the best of my knowledge.
f-McIbC UU 11UL WV1LC UCiUW jr115 line
DATE OF SUBMISSION —`
I have reviewed this application and find it to be:
VCOMPLETE [_� INCOMPLETE
-0= 4< 0? , AL, z(PU18
nistrative Offi r 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.
3 Master Plan Application Form. Rev. 2-2018
No Text
a
4�5 3
PLANNING & ZONING
Permit Number SD- l V - ®1
(office use only)
F.A 11 a
11 Preliminary ❑ Final
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) OF RECORD (Name(s) as shown on deed, mailing address, phone)
Dorset Meadows Associates LLC, 44 Park Street, Essex Jct., VT 05452
(802) 879-0403
2. LOCATION OF LAST RECORDED DEED (Book and page #) 1391/110, 1409/218
3. APPLICANT (Name, mailing address, phone)
Dorset Meadows Associates LLC, 44 Park Street, Essex Jct., VT 05452
(802) 879-0403
4. CONTACT PERSON (Name, mailing address, phone) Bryan Currier (O'Leary -Burke Civil Associates),
13 Corporate Dr, Essex Jct., VT 05452, 878-9990
Peter Kahn (Dorset Meadows Associates) 44 Park Street, Essex Jct.
a. Contact email address. bcurrier@olearyburke.corn / peterskahn@live.com
5. PROJECT STREET ADDRESS: 1505 Dorset Street
57S Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
6. TAX PARCEL ID # (can be obtained at Assessor's Office) 0570-01475, 0570-01505
7. PROJECT DESCRIPTION
a. General Project Description (describe what you are proposing):
The project is a 150 unit residential planned unit development in the South Burlington
Southeast Quadrant. The proposed development will be served by municipal roads, sever,
and water.
b. Existing Uses on Property (including description and size of each separate use):
The project involves two existing parcels owned by the applicant. One of the parcels is
undeveloped and the other has a single family dwelling.
c. Proposed Uses on property (include description and size of each new use and existing uses to remain):
The project is a 150 unit residential planned unit development. The existing single
family dwelling on the property will remain.
d. Total building square footage on property (proposed buildings and existing buildings to remain):
Single family homes, duplex units, and townhomes. The existing single family dwelling on the
property will remain.
e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if
basement and mezzanine): The height of the buildings will not exceed 28 feet in the
SEQ-NR district and the multi -family buildings in the SEQ-VR district will not exceed 35 feet.
The amount of stories facing the street in'the SEQ-NR and SEQ-VR will not exceed 2 and 3.
f. Number of residential units (if applicable, new units and existing units to remain):
149 new units and 1 single family dwelling to remain.
g. Number of employees (existing and proposed, note office versus non -office employees):
N/A
Subdivision Application Form. Rev. 5-2018
h. Other (list any other information pertinent to this application not specifically requested above, please
note if Overlay Districts are applicable): A section of the project is within the
Dorset Park Overlay District.
i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc.
Please refer to plan set.
8. LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed)
a. Size of Parcel: 69.66 acres (acres /sq. ft.)
b. Building Coverage:
Existing 1 unit square feet QA %
Proposed 149 units square feet 11.1 °%
c. Overall Coverage (building, parking, outside storage, etc):
Existing 0.81 acres square feet 1.2 °%
Proposed 13.75 acre square feet 19.7 °%
d. Front Yard Coverage(s) (commercial projects only):
Existing N/A square feet NSA %
Proposed NSA square feet NSA %
9. WETLAND INFORMATION
a. Are there any wetlands (Class I, II, or III) on the subject property?
®Yes ❑No
b. If yes, is the proposed development encroaching into any of these wetlands
associated SO' buffers (describe) The permanent wetland impacts for the project will include a public
roadway crossing. The temporary impacts include stormwater discharge pipes and a watermain.
Please refer to the Wetland Classification Report issued by the State Wetlands Program.
3 Subdivision Application Form. Rev. 5-2018
c. If yes, please submit the following with this application:
1. 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: 39 acres +/- 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.
11. COST ESTIMATES
a. New Building or Addition, including initial fit -up. (If fit -up not available, contact Planning & Zoning staff)
$ 39,000,000 +/-
b. Landscaping: $ refer to landscaping pla.r
(Please submit itemized list of landscaping proposed)
c. Other site improvements (please list with cost)
6,925 LF of public roadway with utilities = $3,808,750 +/-
12. ESTIMATED TRAFFIC
a. P.M. Peak hour for entire property (In and out): 145 Peak PM Trips
13. PEAK HOURS OF OPERATION: N/A
14. PEAK DAYS OF OPERATION: N/A
15. ESTIMATED PROJECT COMPLETION DATE: 2030
16. PLANS AND FEE
Plat plans shall be submitted which shows the information required by the City's Land Development Regulations.
Three (3) 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.
4 Subdivision Application Form, Rev. 5-2018
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
SIGNATURE OF PROPERTY OWNER PRINT NAME
Do not write below this line
DATE OF SUBMISSION: 1JZCD J?�0 18
I have reviewed this preliminary plat application and find it to be:
V' J Complete ❑Incomplete
qpuoIzoL8
Administrat46'0ffic�er Date
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this
project. Call (80.2) 879-5676 to speak with the regional Permit Specialist,
5 Subdivision Application Form. Rev. 5-2018
No Text
10/10/2018 MEET THE STAFF Paul Conner, AICPDirector of Planning amp Zoning 802 846 4106Paul joined the City of South Burlington in August ...
MEET THE STAFF!
Paul Conner, AICP
Director of Planning & Zoning (802)
1846-4106
Paul joined the City of South Burlington in
August 2008 and serves as Director of
Planning & Zoning. He oversees the work of
the Department, provides direct staff
IF support to the Planning Commission, and
is involved in a wide variety of planning
projects including updates to the City Plan and Land Use and Development Regulations,
transportation projects, water quality work, and establishment of South Burlington's City Center
and associated smartgrowth programs. In September 2017, Paul was named the City's Chief
Sustainability Officer. Paul joined the City following a stint as a Senior Strategic Planner with the
firm of Environmental Planning & Design, LLC, out of Pittsburgh, PA. Prior to that, he worked as a
Regional Planner with the Rutland Regional Planning Commission in Rutland, VT. Originally from
Montreal, Quebec, Paul has a Masters in Urban Planning from McGill University and is a member
of the American Institute of Certified Planners. Paul also serves on the board of the Vermont
Planners Association.
http://www.southbudingtonvt.gov/departments/planning_and_zoning/contact_us.php 4/8
10/10/2018 MEET THE STAFF Paul Conner, AICPDirector of Planning amp Zoning 802 846 4106Paul joined the City of South Burlington in August
Marla Keene, PE
Development Review Planner
(802) 846-4106
Marla joined the Planning & Zoning
Department in the summer of 2017 and
serves as the principal planner for projects
before the Development Review Board. She
brings 12 years of civil engineering
consulting experience in Massachusetts
and Vermont for an array of public and private sector clients. Her professional passions include
finding the intersection of permit compliance and project success, and all aspects of stormwater
management. She holds a Master of Science in Civil Engineering from Northeastern University and
is a registered Professional Engineer.
Cathyann La Rose, AICP
City Planner (802) 846-4106
Cathyann is the City Planner, providing project leadership on a
variety of long-range planning projects. She began her
position with the City of South Burlington in the spring of 2005.
Cathyann serves as staff support to the Planning Commission,
Bicycle and Pedestrian Committee, and other special working
groups. She holds both a B.A. and an M.A. in Geography,
specializing in Economic Development and Community Planning from the University of
Connecticut. She has worked for the Windham Regional Council of Governments in Willimantic,
CT and for the University of Connecticut. She is a member of the Vermont Planners Association,
previously serving as Vice President. Cathyann lives in Williston with her family where she also
serves as the biggest fan for her two boys.
http://www.southburlingtonvt.gov/departments/planning_and_zoning/contact_us.php 5/8
10/10/2018 MEET THE STAFF Paul Conner, AICPDirector of Planning amp Zoning 802 846 4106Paul joined the City of South Burlington in August ...
Raymond Belair
Administrative Officer (802) 846-4106
Ray grew up in Newport, VT and White River junction, VT. He graduated from the University of
Vermont in 1974 with a B.A. in Geography. Ray worked for the South Burlington Water
Department after graduation and was subsequently transferred to the Planning and Zoning
Department. In August 1976 he took the position of Administrative Officer for the Town of
Hartford, VT. In 1990 he took the position of Planning and Zoning Assistant with the City of South
Burlington. In 1999 he was appointed Administrative Officer. As of August 1, 2018, Ray is working
part-time providing permitting assistance to the City.
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http://www.southburlingtonvt.gov/departments/planning_and_zoning/contact_us.php 6/8
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southburlington
PLANNING & ZONING
October 12, 2018
Peter Kahn
Dorset Meadows Associates LLC
4.4 Park Street
Essex Junction, VT 05452
Re: Application #SD-18-29 and #MP-18-01
Dear Peter
In connection with the above -referenced application, submitted to the City Planning and Zoning
Department on September 26, 2018, 1 reviewed it on September 26, 2018, and concurred with
the Assistant/Acting Administrative Officer Marla Keene, P.E., that it was complete.
(notwithstanding that I found on September 26, 2018, that this application was complete, I
write to affirm that this application is complete.
Sincerely,
Paul Conner, AICP
Zoning Administrative Officer
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com