The URL can be used to link to this page

Home My WebLink AboutSP-00-58 - Supplemental - 0055 Patchen Road00/00i2001 RED 00:10 FA3 009 000 Zb22 LA1T OFFICES OF FRED FEET [Moo I t-ou a LAW OFFICES OF FRED V. PEET 55 Patchen Road Fred V. Peet South Burlington. VT 05403 Richard C. Maxson Telephone: (802)-860-4767 Christopher M. Parra Facsimile: (802)-86D-2822 T61 'rCG: (800)-683.3903 FACSIMILE To: Ray From: Fred V. Peet, Esq. Date: Wednesday, May 30, 2001 Subject: Sign Lighting Pages (including cover): 3 � NOTICE: This fax transmission is intended as a confidential communication to the inteztdod recipient named above and may be protected by the Attorney - Client Privilcgc, Tf you receive this transmission in error, please infbrm the Law O.ffzces of'Fred V. Peet by calling 1-800-683- 3903 m--,d return all pages by mailing them to 55 Patchen Road, South Burlington, V105403. Thank you, 05/30/2001 WED 08:10 FAX 602 860 2622 LAW OFFICES OF FRED FEET 10 002; 003 C� S- 29.0 / S'�G.J fa {7 mt� ux-rvPP/zoel I � � c/") grown DoeMe l� lb Math Str"t So. 1Barliagtnn. VT 05403 /A e6l,-t) Olele-,ld 05/30/2001 FEED 08:11 FAX 502 800 2622 LAM' OFFICES OF FRED FEET Preferred by contractors for reliability, Frlr pulality fcfltUrCS and cis.^ of im0n1lotion. ig r1e�1 . Easy Clip for tool -less relampinq wiHr vandalproot screw capability Integra Hood Glare Shield for frleadly Lighting when prop>Irly air,, Silicone gasket for durable weatherproofing _0 & alley relamprng Ptedsion die cast aluminum housing with durable powder coat finish rUsrro�.+ fir+^" µu�1 'rd Pos�k.d 1 Varlable beam spread with 2 position adjustable soakef Long lire Comp includod ran j)1�) J Fodure protected by U.S. Poledill! 420458 =;i �a �a , Mounting arm with sturdy tacking teeth 8 intemal gasket EZ Grip Loeknut matches fixture flalsh and can be adjusted with fingers, pliers or screwdriver Polented design 4 420428 "!E:lt Lanni; Lamp Stanfng Amps I Operating Amps Input Larnp Initial �. Product Information Waite Type Base 13;SYast 920V 277V lalatta ANSI Lumons w High Pressure Sadlum 35 ED17 Mad R-'dPF 120V 1.410.9 45 S76 2,250 2- La rip Stlppllod with fixture 50 ED17 Mod R-NFF 120V 1.811.2 62 S68 4,000 2. 70 :017 Mod R-pPF 120V 2.111.8 as $62 6.400 2 100 E017 Mad R4%FF17DV 311 12.1 115 354 9,500 21 150 E017 Mod R-NPF 12OV 4.513.2 17D Sss 16,D00 (Metal Halide 50 ED17 Mod HX-NPF12DV 2I1.6 n W10 3.400 Lamp supplied with 8xUre 70 ED17 Mod HX-NPF 120V 27123 94 IM98 5.630 100 ED"7 Mad HX�VPF277V A1481ia01a In 277 volt ony 7 r .5 129 moo 9,000 Factory Installed Options Add auHlx'.c 0Wc%i number PhooconlmlrorauomatcGuck-lo Dawn. A4ft{ Qnos for Field Installation: Replacement LenS; • LFF Cr+rOYfb PIoWd Wirt; Guard: GDf F Sp ec.iticafions �7hotor ietrics UL Llstinge 30cMot 15OW HPS @ 10' Mounting Height Sign & Wail Llgmine 150w HIPS $,A(abla For wet locations Glazed porcelain 44v pulse rated with Aimed 301 below mortzrintai B• from wail - 30' above hodzontai aicxel poKeo screw shell arm sprinQ Contacts. 5 Horaingt ,.� _ Precision dk: =sl alurNrurm, 17 NPS PFnktte % i threaded arm v4h ockN awival 61a ail Chip one fade resistant nxtalk architectural standard mounting boxes. bronze or bright white apoxy powder coaling. Reflector: Prnduct info by rnx 2417 5 f ••�`—}----}—� Spacrrlar-Alz$k (;ali Wa FOX Back at fide 722.1236, t t o 1 t a , 4 a a t o t 7 EnterdoWm2ntnumt'Kv, shown bCbw: M,a;rl..orM„W,wt,N.;yo.! Lanz Cola Iretellalion � ThCimal tamperad shock reaialartt glass � Manual Nounfing MWtlpller Vaunting ' ""' Mutt Hefyht Middpller Watts HF3 MH Ofolaaae NWNpllvr Webs We t.ant ONE Future Flood 220 222 8, 1.6 176 .9 6' 1 175 High lomparatu s tubular sHioora stet In nle For more info on W F3XB*Ck See 0,95 10, 1.0 150 16 a, 15 150 cast ret.91Nng JWe 16 *Mlir irk. p" 12' 7 1W 6 .6 12, .3 IN .6 dunnp "amputg. Product Info on tits Internet: 18' .4 70 4 •4 70 4 wwwrnhwph, rnnt, dlr*'Ruppor,- ;gyp ,25 $Q 3 3 50 .3 RAB T868 nAi000 32 FAXAX 888 f1An 1232 O4r90/2001 MON 09:22 FAX 002 $00 2622 LAW OFFICES OF FRED PEET �JQOSi00� i 1 g o 275 �YiD�ldr vlryG�../.� It 1`, f�� 1�.��`>L� S•�G �} -7 �L/,SL Lo Ll r1t; � ad '�S 1Z�' ��fz 60 0 6 ice_ Z zo `G�jbr 600 Greer V)�— f I3( � 2 ,� #.' r��.^, [ -+yti %S� s.,tc, .mac-- E�a`:oo GAP:_tp( As -C e C it _ § - - - — �'p - �'+cs-� as 14 ��" x ,"�. t -t -'S .• -i_.: _ ;... _; �� V l'+ i �'w ems.= y `tp �.� yr 0 •_. r� rl S ii Gv-- �r o..{ 4i�1 •. r .. i cap a ioi' ..3 LrnJ 4,D. Lni 1-0 w___ r -' J+`= 4_ - - t'hh�l. -.7 - _ - __. --._.__... - - - - - - - l ram•' - aD -�-•j 611, all N - _. _. rl� Sri f r � -! � - _ 1 - �� `f � � 14i � j i. � _ij P• - `�i �• � �,• l rooiaoo [23 i pt11. k !�,f�t 4 i'� y,• `M0y`i�{,1.1��1',1 10 fo "'��y ' T, S,W1a f1 ^-i 1r i:,R w+ r+� {I •, i , • i ,�'.•. 'ry' v -�.K �•��.;:i d� ,,�y.�, % Mix !��.t,,'�'r,-."=tiW�NYL%�Y3'.'^��'N,4 t, ipr�'1S ti�,3t,'.. e.4„ � •7 � r. P S i iiii"' r 7 46* _�'_-�__ - `'-rid- _� •��'�_h`'��' w. F^t�'.:a' `r '.�r�..'''±r Gy •1 `'. Ft: saaa aaUA as saaa3ao AV'l 999Z OGG 909 XYa za=eo MOX TOOa!OB/6O 04?30/2001 MON 09:22 FAX 602 800 2622 LAM' OFFICES OF FRED FEET 2003,004 3w( jZtLe Ok �6 0 3 a 4 ciS- N C 15 x Lo Irk "A hY �, Sp (-,o POOL Goev, <�-aao, To qo.— ZWO a 7 sc- + � r, � f:R'i`� 1 ��!'" =r1�'c't M� I fI?dc� h� •-------. ••� W 2 � _v `�' `� \ ! \�`� i 12 ` , ly � a FBI ; 777 {� 1 •' .i. . Y .'r r Lu •f '_ .. - me., '-.�tYEYt 11.d.a+t+AfR,A„b • w1sF • +I.A "'. F+MR+' E.Y. • •1-. r ! \V ; � M O N cCyi J 0 P••t ti a w Ocl W 00 V 04/26/2001 THU 08:22 FAX 602 860 2822 LAN' OFFICES OF FRED PEET Z 001!-002 LAW OFFICES OF FRED V. PEET 55 Patchor Road Fred V, Peet South Burlington, VT 05403 Richard C. Maxson Telephone: (802) eOO-4767 Christopher M, Perra Facslrnile: (802)-860-2822 Toll Free: (800)-883.3903 FACSIMILE To: Ray From: Fred V. Peet, Esq. Dutc: Thursday, April 26, 2001 Subject: Landscaping Pages (including eover): 2 NOTICE: Tlus fax transmission is inUmded as a confidential communication to the intended recipient named above and may be protected by the Attorney - Client Privilege. If you roceiv'c this transmission in error, please inform the Law Offices of Fn; d V. Peet by calling 1-800-683- 3903 and return all pages by mailing them to 1 Executive Drive, Suuth Burlington, V F 05403. Thank you. U4%28%2001 THI: 09:22 FAXI802 880 f822 LAW OFFICES OF FRED PEET � 002ro02 11 �� I i rq cq sL} to x � � �n} a • CA Jy, -r• +�1_;4 a4 i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 22, 2000 Fred Peet 1 Executive Drive South Burlington, VT 05403 Re: Site Plan Application, 55 Patchen Road Dear Mr. Peet: Enclosed please find a copy of the Finding of Facts of the Development Review Board meeting on October 17, 2000 (effective date November 21, 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. You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d) (exclusivity of remedy; finality). If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure CITY OF SOUTH BUPJ INGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 3, 2000 Fred Peet 1 Executive Drive South Burlington, VT 05403 Re: Site Plan Application, 55 Patchen Road Dear Mr. Peet: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure someone is present on Tuesday, November 7, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerely, A Raymond J. Belair, Administrative Officer RJB/mcp Encls APPLICATION FOR SITE PLAN REVIEW 55 PATCHEN ROAD SOUTH BURLINGTON, VT 05403 SUBMITTED BY: FRED V. PEET LAW OFFICES OF FRED 1 EXECUTIVE DRIVE mJ:x:kg SOUTH BURLINGTON, VT 05403 802-860-4767 INRTODUCTION APPLICATION SITE PLAN COVERAGE CALCULATIONS BUILDING PARKING • SIDEWALK LEGAL DESCRIPTION MAVERY" READY INDEX' INDEXING 5.r, I Eivi 1 Executive Drive S. Burlington, VT 05403 FRED V. PEET Attorney at Law INTRODUCTION To: City of South Burlington From: Fred V. Peet, Esq. Date: October 16, 2000 Re: 55 Patchen Road Telephone: (802)-860-4767 Facsimile: (802)-860-2822 Toll Free: (800)-683-3903 I am in the process of purchasing the lot and building at 55 Patchen Road. The building is currently vacant and has been vacant for quite some time. It was formerly a medical office. I am proposing to move my law office to this location. I will be occupying the building with two additional employees. My law practice is primarily focused on residential real estate. We represent people who are buying and selling homes. We anticipate using the office to meet with clients and to conduct real estate closings. The three of us will also travel from the office to conduct title searches and closings at other locations. The interior of the office is divided into small medical examination rooms. I anticipate removing a few walls to make for larger offices. I also anticipate replacing the carpeting and painting the interior walls and exterior woodwork. I plan no major changes outside of the building. There will be no changes in the paved area or in the amount of green space. I intend in make some improvements to the landscaping by planting two trees, adding flowerbeds and adding bushes on the back of the building. I will add a bike rack and designate a handicapped parking space. I am happy to answer any question that you have, and I appreciate your time and consideration. 10-16-00 08:17 LAW OFFICES OF FRED V PEET ID=18028602822 P01/03 CITY OF SOUTH BURL,INGTON 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 #) Alph Realty, Tnc., c/o Alice Bissonette & Chris Big5onet e 'Foley Real Estate, 36 Swift Street, South Burlington, VT 05403 Phone: $02-862-2711, Fax: 802-862-0642 2) APPLICANT (Name, mailing address, phone and fax #) Fred V. Peet 1 Executive Drive, South Buriinat;,an, yT O5403__ Phone: 802-860-4767 Fax: 802-860-2822 3) CONTACT PERSON (Name, mailing address, phone and fax #) Fred V. Peet 1 Executive Drive, South Burlington, VT 05403 Phone: 602-860-4767 Fax: 802-860-2822 4) PROJECT STREET ADDRESS: 55 Patchen Road South Burlington, VT 05403 5) TALC MAC' NUMBER (can be obtained at Assessor's Office) 6) PROJECT DESCRIPTION 1290-00055.c a) Existing lases on Property (including description and size of each separate use) _ The building is currently vacant. Prior use was for medical Qf£ice. The entire building was used for medical offices. b) Pfeposed Uses on proparty (include description and size of each new use and existing uses to remain) The proposed use is for an office for the Law offices of Fred V. Peet. No continued future use as --a medical. C7ffi 5:t?�_al�ned:" The entire building shall be used for offices. e) Total building square footage on proper (proposed buildings and existing buildings to remain) The building is 44 feet logcr by 30 feet w d!Z, The square footage is 1320 sSI. ft. No new or expanded building is planned or this property. There is also a 1320 sq. ft. basement. d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) The Building is 24 feet tall to the peak of roof.and has one floor plus 4 basement. —No c anges are planned. a) Number of rcmidential units (if applicable, new units and existing units to remain) None. fj Dumber of employees (existing and proposed): Two plus myself. 10-16-00 08:18 LAW OFFICES OF FRED V PEET ID=18028602822 P02/03 g) Other (list any other information pertinent to this application not specifically requested above): see attached site plan togethgr yl t i sub ortng�natersal 7) LOT COVERAGE a) Building. F..)dsting 6.01 % Proposed 6.01 . % b) Overall (building, parking, outside storage, etc) Existing 4 9. 3 % Proposed 4 9 . % c) Front yard (along each street) Existing 25.1 °% Proposed 25.1 %white St. Patchen Road Existing 18.8% Proposed 18.8% 8) COST ESTIMATES a) Building: $ 20,000.00 b) Landscaping; $ 1, 0 0 0.0 0 c) Other site improvements (please list with cost): None. 9) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): 30 b) A.M. Peak hour for entire property (in and out): 8 c) P.M. Peak hour for entire property (in and out): 8 10) PEAK HOURS OF OPERATION: 8: 30am to '6: 000pm (no one time of day is particiarl.y buszer-than .any other) 11) PEAK DAYS OF OPERATION: Weekdays - Particularly last week of each month. 12) 'ESTIMATED PROJECT COMPLETION DATE: November .•3 0 , 2000 13) SITE PLAN AND FEE A site plan shall be s ubmitted which shows the information listen 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 pian application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 10-16-00 08:18 LAW OFFICES OF FRED V PEET ID=18028602822 P03/03 S hereby certify th2t all the information requested as part of this application has been submitted and is accurate to the best of my knowledge, �}--�-- �SIGN BE (CANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Q Development Review Board 11 Director, Planning & Zoning I have reviewed this site plan application and find it to be: (Apf�Mp) Ll Compiete 11 Incomplete Director of Planning & Zoning or Designee Date cn cn 0 LA 0 00 tri kA 0 w c"D (CD GJ o CD 00 a,, • WD C (7-, 0 CD 0. cn o No CD (or, ON 1--i 0. CD o to CD 0 ME VIA M l �. � I _. 1,- 141 rn U, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. . . . . . . . . . . . lY. . . . . . . . . .. ... . . . . . . . . . . . . . . . . . . . .... .. ip -u q 4. ui t ............ . .. ....... ..... ...... 301 -F-T , ril T Q-1 N LOT COVERAGE CALCULATIONS Lot Size: Building area: Building Percentage: Overall Coverage: Overall Percentage: Green Area Coverage: Green Area Percentage White Street Yard Area: White Street Coverage: White Street Percentage: Patchen Rd. Yard Area: Patchen Rd. Coverage: Patchen Rd. Percentage: Parking: Standard (9' x 18'): Handicapped (9' x 19'): Total: 21,948.8 Square Feet 1,320.0 Square Feet 6.01 % 10,820.8 Square Feet 49.3% 11,128.0 Square Feet 50.7% 5,531.7 Square Feet 1,339.3 Square Feet 25.1% 5,202.8 Square Feet 978.13 Square Feet 18.8% 10 Spaces 1 Space 11 Spaces Notes: • No coverage changes are proposed • No curb cuts are proposed • No exterior building changes are proposed • The lot is level and no contour changes are proposed. • There are no zoning boundaries dividing the lot. • No dumpster to be located on the lot. • Exterior lighting is located at two entrances. • Exterior lighting is down casting and shielded. BUILDING 44' LONG X 30' WIDE 1320 SQUARE FEET 1. MOM TREES MAPLE TREE ON SOUTHEAST CORNER DEAD MAPLE TREE TO BE REPLACED A4 BOX ELDER ON NORTHEAST r�noKICD MAPLE TREE ON WHITE STREET ol MAPLE TREE ON SOUTHEAST CORNER r ry woo BOX ELDER ON SOUTHWEST CORNER BOX ELDER ON NORTHWEST BUSHES 10 EVERGREEN SHRUBS 2 BURING BUSHES PROPOSED LANDSCAPING RED MAPLE TREE (2 1 /2" DIAM.) TO REPLACE DEAD TREE FLOWERBED ALONG WALKWAY 4 NEW BURNING BUSHES (2' TALL) FLOWERBED NEW RED MAPLE AROUND SIGN TREE (2 1/2" DIAM.) PARKING 10STANDARD PARKING SPACES 9'X 18' 1 HANDICAPPED SPACE 16'X 18' I I aTivii tt w v � ------------------------------ Jim /0' t in. J J� J d NISMNINN 7-1 a'- Lu fit to at it In ILI . . . . . . . . . . . . . . . . . . . . . . . . . . 1. ...... ob .............. ...... ........ .......... ........... ,3. 7 1 T tid �11k- r (3;6-401; 4 . . . . . . . I ffil 'D fL 4 . . . . . . . . . . .. . . . . . . Di tu- "0 W uj T 13 k-- 0 0 > o 7d > 0 C) 4., 00 0 00 U C/) VJ MEMORANDUM To: South Burlington Develo men, Review Board From: Raymond J. Bela' , A ` ministrative Officer Re: November 7, 2000 agenda items Date: November 3, 2000 3) DIRECTOR OF PLANNING & ZONING'S REPORT Enclosed is the Findings of Fact and Decision for the following site plan application: a) Site plan application #SP-00-55 of Bread Loaf Corporation to amend a previously approved site plan for a 52,985 square foot baking manufacturing facility. The amendment consists of relocating the existing loading docks to the exterior of the building. Approved. 4) CONSENT AGENDA A) PEET - SITE PLAN APPLICATION- CONVERT 2,640 SO FT OF MED OFFICE USE TO GENERAL OFFICE USE, 55 PATCHEN ROAD This project consists of converting 2,640 square feet of medical office to general office use, 55 Patchen Road. The Planning Commission last approved the site plan for this property on September 10, 1996 (minutes enclosed). The property is located in the Commercial One District and is bounded on the east by Patchen Road, on the south by White Street, on the west by a private parking facility, and on the north by a commercial property. 55 Patchen Road DEVELOPMENT REVIEW BOARD MEMO NOVEMBER 7, 2000 MEETING Access/Circulation: Access is provided via a curb cut on Patchen Road and a curb cut on White Street. This property also provides access to the adjacent private parking facility via the White Street curb cut and a right-of-way. No changes are proposed. Circulation on the site is adequate. Parking_ The proposed use requires 11 parking spaces and 18 are being provided. Two handicapped spaces are provided and one is required. These parking spaces are currently not striped. These parking spaces should be striped before issuance of a Certificate of Occupancy. A bike rack is provided for the property. Landscaping_ The minimum landscaping requirement, based on building costs, of $600 is being met. Proposed plantings include a red maple tree. Setback/Coverage: All setback requirements are met. Front yard coverage along Patchen Road will remain 18.8% and front yard coverage along White Street will remain at 25.1% (30% max). Building coverage will remain 6.01% (maximum 30% allowed). Total lot coverage will be unchanged at 49.3% (maximum permitted is 70%). Traffic: No additional traffic is expected. The current use is estimated by ITE to generate 9.66 P.M. peak vte's. The proposed use is estimated by ITE to generate 3.93 P.M. peak vte's for a net 5.73 P.M. peak vte decrease. Lighting: No new lights are proposed. Any changes to the exterior lights should be approved by the Director of Planning and Zoning as downcasting and shielded prior to installation. Dumpster: No dumpsters are proposed. Other: The ramp on the northwest corner of the building is not depicted on the site plan. Plans should be revised to incorporate this ramp. 55 Patchen Road Ramp DEVELOPMENT REVIEW BOARD MEMO NOVEMBER 7, 2000 MEETING Recommended Conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plan 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 plan shall be submitted to the Director prior to permit issuance. a) The site plan shall be revised to show the ramp on the northwest corner of the building. 3. The approved parking spaces shall be striped before issuance of a Certificate of Occupancy/Compliance for the new use. 4. The applicant shall post a $600 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. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the change in use will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 6. Any new exterior lights shall consist of downcasting fixtures. Any change to the approved lights shall require approval of the Director prior to installation. 7. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the 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. 5) & 6) EVERGREEN INVESTMENTS LTD — SITE PLAN & CONDITIONAL USE APPLICATIONS — CONVERT 4150 SO FT OF RETAIL TO POST OFFICE USE, 370 SHELBURNE ROAD This project consists of amending a previously approved site plan for 21,470 square foot mixed use building with the following uses: 1) 14,499 square feet of retail use, 2) 2,952 square feet of post office use (federal facility), 3) a 1,850 square foot standard restaurant with 36 seats, 4) 1,410 square feet of bakery/deli use, and 5) 759 square feet of entry/hall space. The amendment consists of converting 4,150 square feet of retail space to post office use (federal facility), 370 Shelburne Road. AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE -APPLICATION REVIEW RESPONSE DATE PENDING APPLICATION # DISTRICT 4 TOWN South Burlington PIN # OWNER OF PROJECT SITE: NAME: ALPH Realty, Inc. ADDRESS: TELEPHONE: APPLICANT OR REPRESENTATIVE: NAME: Amy Sylvester, Esq. ADDRESS: 78 Pine Street, P.O. Box 1053 Burlington, VT 05402-1053 TE L E P H O N E:_(802 )864-5722 Based on information provided by _Amy Sylvester received on_11 /6/00 a project was reviewed on a tract/tracts of land of _<1.0_ acres, located on 55 Patchen Road . The project is generally described as: Use of a pre-existing one story office building on a pre-existing lot as an office. Use of building as of June 1, 1970 was also an office. No increase or change in water/sewer or change in footprint of building is proposed. In addition, no change in water or sewer or footprint of building has occurred since June 1, 1970. Prior Permits From This Office: None Found PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project? G V-A1VRX4C4W Length of n w/improved road(s)_i�� Has the landowner subdivided before?_ �6 When/where/# of lots ►,-�,- AN ACT 250 PERMIT IS REQUIRED: YES _X_NO; Copies sent to Statutory Parties: YES —7`\7 _NO COMMENTS: �ar �, k ENVIRONMENTAL COMMISSION DISTRICTS #4,6 &9 E61L % (,4 111 WEST STREET ESSEX JUNCTION, VT 05452 SIGNATURE: 11.4,aAm 6 DATE: ADDRESS: Distr t Coordinator Telephone: (802)879-5614 2. WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED YES _X_ NO Water Supply & Wastewater Disposal Subdivision &/or Exemption Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: AGENCY OF NATURAL RESOURCES > DEPT. OF ENVIRONMENTAL SIGNATURE: i`��'r�� "` DATE: i� `1 ��' ADDRESS: CONSERVATION _X Environmental Assistance Division Telephone: (802)879-5676 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION, VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Discharge Permit; pretreatment permits; industrial, municipal Indirect Discharge Permit Contact: _ Stormwater permits (state and federal, UIC) _ Residuals management sludge disposal OVER OTHER PERMITS AND REVIEWS YOU MAY NEED. jContinued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Well head protection areas Construction Permit, water system improvements 6. WATER QUALITY DIVISION, ANR Hydroelectric Projects (241-3770) Shoreland encroachment (241-3777) Wetlands (241-3770) Stream Alteration (751-0129) Contact: Bottled Water Permit to operate Contact: Wood Fired Units (>_90HP) Diesel Engines l' 200 bHP) New Hydrants New Source Use of chemicals in State waters (241-3777) Aquatic nuisance control (241-3777) Section 401 Water Quality Certificate (241-3770) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: _ Hazardous waste treatment, storage, disposal facility certificate (241-3888) Hazardous waste handler notification requirement (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) Waste oil burning (241-3888) Underground Storage Tanks (241-3888) Asbestos Disposal (241-3444) Composting Facilities (241-3444) HW transporter certificate (241-3888) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11 DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# _ Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) _ Storage of flammable liquids, explosives _ Plumbing in residences served by public water/sewer with 10 or more customers Sprinkler Systems _ LP Gas Storage Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (241-2158) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2067) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. DEPARTMENT OF PUBLIC SERVICE (800-642-3281) VT Residential Building Energy Standards (See Enclosure) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3226) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 2 DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS,8 Carmichael Street, Suite 205, Essex Jct, VT 05452 (802)872-2893 25. OTHER: REVISION DATE: Form Date 11/97 Rev. 11 /00 w \ � ca CA o opt 1 � , I/j!At r E• , • � 1 ILI ! N lL1 Lv �iyU1 VLL)mQ ,Y ) IL +G ILILot 1 1' Cf . ob/ Y - :.� 'may/ •.- <: -rrr-• laJ.,,.. � t {-}Ir-I .1a.1;. r, _._.._..� % llit9 ' � - 4\\ • i' fit•• - f. 'f • .r' J�• r' 4 i'• f .V I:' f • t �• ,1. >•ww•••.jt'.. .-_.w�.•�.......,.ti.��.n.+. Mz••M+�M��aln.t'Wr'4..• •AGM •..IM''�Iw.'' ._ y, � ��•f .• 1.1• E� .j. .'; �- - -�� 1J.�dIM..R. I•t�✓.J.w/.lFrwi�L�.SJ�t_ �l..F��. Axe,•• -.A. HI.J /• ••,'• ` • ' .� ww tP UJ fir'. )' , SA a SC ill F,, M O ' N cod CF � U a b 00 U bA r N _. N ¢, a � N N CL4 o Cd N v� PLANNING COMMISSION September 10, 1996 Page 10 8. Site plan application of Bill Bissonette to 1) construct a 12 space gravel parking lot, 70 White Street and 2) changes to access and circulation, 55 Patchen Road. Mr. Bissonette said there will be no new curb cut. They will use the 55 Patchen Road curb cut. Lot coverage is 57%. Mr. Weith showed where the sidewalk would be built. The applicant is contributing to this construction. Regarding landscaping, Mr. Bissonette said he was concerned for the safety of hi6 employees who will be using the lot and does not want too many "dark corners." He said he would spruce it up. Mr. Weith suggested 4 or 5 maples that would grow high and would not provide places to hide. It was agreed that 5 trees would be planted along the boundary in locations to be worked out with staff. Mr. O'Rourke moved the Planning Commission approve the site plan application of Bill Bissonette to 1) construct a 12 space gravel parking lot, 70 White Street, and 2) changes to access and circulation, 55 Patchen Road, as depicted on a plan entitled "Park Trust, Al's Staff Parking, 70 White Street, South Burlington, Vermont," prepared by Wolfstein Architecture, dated 6/20/96, last revised 9/4/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised to show the changes below and shall require approval of the City Planner. Three copies of the approved revised plans shall be submitted to the City Planner prior to permit issuance. a) The plan shall be revised to show additional landscaping in the form of trees along the westerly property boundary. b) The plan shall be revised to provide a five foot minimum separation between the north boundary line and the proposed parking lot for snow storage. 3. Prior to issuance of a zoning permit, the applicant shall post a landscape bond in an amount to be determined by the City Planner. The bond shall remain in effect for three years to assure that the landscaping takes root and has a good chance of surviving. 10 PLANNING COMMISSION September 10, 1996 Page 11 4. For purposes of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed use will generate two vehicle trip ends during the P.M. peak hour. 5. As expressly represented by the applicant, the applicant shall fulfill the obligation to construct a sidewalk along the White Street frontage by paying to the City the sum of $900 ($15 per foot of frontage). The $900 shall be paid prior to issuance of a zoning permit. These funds shall be used by the City to construct sidewalk improvements along White Street in the vicinity of the applicant's property within one year of receipt of funds. If the City fails to construct such sidewalk improvements within one year, the funds shall be returned to the applicant. 6. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the zoning regulations or this aDDroval is null and void. 7. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occuDancv of the Darkina lot. B . Any change to the site plan shall require approval by the South Burlington Planning Commission. Mr. Teeson seconded. In the vote that followed, the motion passed unanimously. As there was no further business to come before the Commission, the meeting was adjourned at 9:55 P.M. Clerk 11 z x 13 z xze 2,112 9. 6� ✓fe � � 3 ��. To: CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 F�e J' Fee. �-- From c 4 F=i g z Dalm Phone: �??o _ � / -? � ? /,�'7' Re: CC: 1 To: Applicants From: Sarah MacCallum, City of South Burlington RE: Project Staff Notes Date: October 24, 2000 SP-00-58 Site Plan for 55 Patchen Road Previous Action: Site plan approval for parking lot access September 1996. Overview: The applicant has proposed converting 2,640 square feet of medical office use to general office use.. Issues: ■ The applicant should expect to provide a landscaping bond of $600. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the site plan application on November 7, 2000. Recommendation: Staff recommends that this application be authorized to proceed for site plan review. FROM : City of So. B I FAX HO. : 1 802 658 4748 1 Nov. 07 2000 12:45PM P1 SY'T� PYjAN ESGROW-"nEJH:MEliT'J' THIS AGREEMENT, executed in triplicate by and between r, i V. V ; , 4,' , hereinafter referred to as Developer", the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality", and the 643T idnok hereinafter referred to as "Bank". WITNESSETH: WHEREAS, Developer has received site plan approval from the MUNICIPALITY'S Planning Commissio for the development of property located at S< f--7f7 i as depicted on a site plan entitled " dated /a7� rT ��and prepared by WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and. WHEREAS, the parties to this Agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the City approval; and WHEREAS, the Bank executes this Agreement solely in the capacity of escrow agent. NOW THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said site plan and related documents: 2. The Developer shall complete the improvements set forth in Paragraph one no later than 3 _ DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within three (3) years after completion of the improvements set forth in Paragraph one. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MiU'NICIP.A.LITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guaranty of Developer's performance of all requirements hereinabove set forth and prior to the issuance of any zoning permit _ for V .1 Developer and Bank agree that the o SUM ___ shall be set aside and held in escrow by the Bank FROM : City of So. B ' FAX NO. : 1 802 658 4748 i No,,,,. 07 2000 12:46PH P2 and shall be available for payment to the Municipality in accordance with the terms herein set forth. 5. If the Municipality shall file with. the Bank a statement that the Developer is in the judgement of Municipality in default under the terms of this Agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality, in amounts not to exceed a total enabling the Municipality to complete improvements and requirements set forth in this Agreement. 6. The Municipality will promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 7. The Municipality shall not file with the Bank a statement of default until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. $. All monies released by the Bank to the Municipality pursuant to paragraph five (5) shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this Agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and material basis or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgement of the Municipality shall accomplish the work most expeditiously and economically. 9. If monies are released by the Bank to the Municipality pursuant to paragraph five (5) and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this Agreement. 10. The -Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph seven (7) of this Agreement. 11. This Agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby, and the completion of the warranty period spt forth in paragraph three (3) . 12. The sung of 41 n10, (" a shall be maintained in escrow until certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph three (3) . 2 FR11H : City of c;o. B FAX NO. : 1 802 658 4748 C Nov. 07 2000 12:47PM P3 13. This Agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. Dated at this day of %"n /V()is , -t98 Zo^ (DEVELOPER'S NAME) Y✓ctll �'a/l Witness BY: nes Duly Authorized Agent Dated at this day of 499 r} CITY OF SOUTH BURLINGTON ,i- / Witness Witness Duly Authorized gent Dated at , this day of , 199 (NAME OF BANK 3RD P�)" l�'-1en�J'e., ,�•��,,f mess _ l✓i �u r CLJhP By: tness Duly Autho : zed Agent 3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802)658-4748 PLANNING (802)658-7955 July 22, 1998 Mr. Christopher Bissonette Park Trust 49 Bishop Road Shelburne, Vermont 05482 Re: 70 White Street Dear Mr. Bissonette: ZONING (802)658-7958 Be advised that the South Burlington Zoning Board of Adjustment has granted your appeal at their July 13, 1998 hearing. The decision of the Assistant Zoning Administrative Officer regarding the use of 70 White Street was overturned by the Board. The issue of traffic impact fees must be resolved, please contact the City Planner in order to establish the amount due. If you have any questions, please don't hesitate to call me. Very truly, . A Richard Ward, Zoning Administrative Officer RW/mcp TAX MAP #: 64-1-3 GRAND LIST #: 1430-00403-C FILE #: 98-3 LOCATION: 403 QUEEN CITY PARK ROAD DATE APPLICATION PURPOSE 6-18-79 CUP ADDITION 5-11-87 CUP ADDITIONS 5-26-87 SP ADDITION & GARAGE 6-20-89 SP ADDITION & TANK 2-6-90 SP _" " 2-23-98 CUP ADDITION 3-3-98 SP if 5-11-98 V TRANSFORMER 6-1-98 SP-ADM it FILE NAME: CHAMPLAIN WATER DISTRICT it ff it City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 30, 1998 Mr. Christopher Bissonette Park Trust 49 Bishop Road Shelburne, Vermont 05482 Re: Appeal of Zoning Administration Ruling Dear Mr. Bissonette: 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, July 13, 1998 at 7:00 P.M. to consider your appeal from a ruling by the Assistant Zoning Administrative Officer in a letter dated June 3, 1998 dealing with land use at 70 White Street. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp PARK TRUST 49 Bishop Road, Shelburne, VT 05482 June 18, 1998 Board of Adjustment South Burlington, VT 05403 W,do We respectfully request the Board of Adjustment hear our appeal that a change in lessee from one party to another with no creation, erection, change, conversion, alteration or enlargement in whole or in part to an existing lot with a valid zoning permit for said use, having been consistently used in the permitted manner without lapse or vacation. We ask for relief from the Zoning Administration officer's ruling that such a change in the ownership of a ri is a matter of concern to the zoning regulations and request affirmation of our right to use the space as approved without burden or interruption. We have enclosed the relevant information for your background and information. Thank you. ZZ Christ her Bissonette Enclosures: June 3, 1998 letter June 9, 1998 letter June 15, 1998 letter June 18, 1998 letter Notes of Planning Commission Page 88 Town of South Burlington zoning regulations Check # City of South Burlington 575 DORSET STfiEET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 15, 1998 Christopher Bissonelle PARK TRUST 49 Bishop Road Shelburne, Vermont 05482 Re: Zoning Violation, 70 White .Street Dear Mr. Bissonette: ZONING ADMINISTRATOR 658-7958 Thank you for your letter of June 9, 1998. 1 reviewed your letter with the City Attorney and he advised that leasing these spaces to the Post Office is a change in use which requires approval from the Planning Commission. He also indicated that since this parking is for the adjacent Post Office, that the site plan must include their property. they must be included as co - applicants on the application. Enclosed is a site plan application which.should be completed and returned to me as soon as possible with the fifty (S50.00) dollar filing fee and five (5) copies of the site plan .showing the Post Office property and the parking lot property. Please keep me advised of your progress in preparing this application. Sincere , Raymond J. Belair, Zoning & Planning Assistant RJB/mcp I Lncl 0611, 8/,98 07:21 pol a City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658.4748 PLANNER ZONING ADMINISTRATOR 658-7955 June 3. 1998 658-7958 Christopher Bissonette, lnistee UTA Park Trust 49 Bishop road Shelburne, Vermont OS482 Re: zoning Violation, 70 White Street Dear Mr. Bisonelle: Please he advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a permil from the City as required by Section 27.10 of its Zoning Bylaws and 24 VSA §4443(a)(1). Specifically, you have initiated the following acth4lies on the above -described property: You have converted the parking lol from an employee parking lot for Al's 1-' ench Fry's to a rental parking lot for area businesses. You have se ven (7) days from the date of this letter to dlsconNrrae this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the rental use of the parking lot and allow only employees of AI 's French T'ry s to use the facility. IFyou do not accomplish the actions directed in this letter within seven (7) days of the date of Is letter, the City may pursue this matter in court. In such court proceeding, the City will be entitled to seek appropriate it yunclive relief and fines of up to fifly (550.00) dollars per day for each day your violation continues beyond the seven (7) day peri(xiprovided in this letter. lithe violation described in this letter occurs again 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 lnrrsues further enforcement proceedings. You may appeal this Notice of Violation to the Board of Adjustment by filing a written notice of appeal (see enclosed) and f<fty (S50) dollars within fifteen (15) days of the date of this letter with the Clerk of the Board of Adjustment at the following address: 575 Dorset Street, South Burlington, Vermont 05403. 06/08/98 07:22 POI w Christopher Bissonette Zoning Violation Julie 3, 1998 Page 2 If you have any cpiestions regarding this letter, plekse call me at the telephone number setforth above. Sincer y, 1 m nd .I. Belau y . Zoning and Plwuning Assistant RIB%mcp Certified Mail ii P 176178 946 City of South Burlington 575 DORSET ST19EET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 15, 1998 Christopher Bissonelle PARK TRUST 49 Bishop Road Shelburne, Vermont 05482 Re: Zoning Violation, 70 White Street Dear Mr. Bissonette: ZONING ADMINISTRATOR 658-7958 Thank you for your letter of June 9, 1998. 1 reviewed your letter with the City Attorney and he advised that leasing there .spaces to the Post Office is a change in use which requires approval from the Planning Commission. He also indicated that since this parking is for the adjacent Post Office, that the site plait must include their property. They must be included as co - applicants on the application. Enclosed is a site plan application whichshould be completed and returned to me as soon as possible with the fifty ($50.00) dollar filing fee and five (5) copies of the site plan showing the Post Office property and the parking lot property. Please keep me advised of your progress in preparing this ey)plica.>ion. Sincere , Raymond J. Belair, Zoning & Planning Assistant RJB/mcp 1 F.ncl PARK TRUST 49 Bishop Road, Shelburne, VT 05482 June 18, 1998 Mr. Raymond J. Belair Zoning & Planning Assistant City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: June 3, June 15, 1998 letters to Park Trust Dear Ray: Thank you for taking the time to discuss our June 9, 1998 letter with the City Attorney and gaining his insight into the matter. The modified position in your June 15 letter is certainly more pleasing than the June 3 perspective. It goes to show that sincere, open dialogue between people can improve the understanding of the issue. I would like to continue this dialogue. We are not experts in these matters and I, as Trustee, have to be very deliberate. It appears to me that a three part strategy is necessary, since we still disagree. 1 _ In your June 3 letter you said I have to appeal V June i e, so i am appealing. 2. In the June 15 letter you said I have to apply for a site plan and you want to monitor that application. 3. I hope neither are necessary when you have all the facts. 4. At this moment, it appears to me that the City Attorney thinks my present permit is not fully valid. Hence he asks for a planning application. This position is positive progress, however, I think his facts and mine differ. My facts: Discussion: I think I have a clear and valid permit for the present use exclusive of original tenant. I specifically do not think that the lease to the present tenant is any different zoning than the original lease to Al's. Summary: The permit is an in full force and valid to do what is being done. The only difference is the lessee. This is a change in ownership not a change in use. Facts: • There was no alteration as defined in 28.103. • There was no land development as in 27.10. • There was no creation, erection, change, conversion, alteration or enlargement in whole or in part in which 27.201 would require an application. • There was no specific limitation in the original permit that required going back to the Planning Commission for change in tenant. It seems to me that there is an attempt here to regulate who a tenant can be. Discussion: I can find nothing to support the "tenant to tenant" change in the Vermont statutes, nothing in the Town regulations, and nothing in the permit. Summary: It would be increasingly tedious to conclude that if a law firm occupied space as a tenant and they liquidated and a new firm moved in (no building or land changes) that the landlord needed to get planning approval. There is something wrong in this analysis from my reading of the regulations. So, I would like to have you review and accept the appeal as being in good order. Hold it so that we can see if counsel can accept our facts and please let us go back to sleep on this subject. This does seem to be an opportunity for us to find other places for our energy. It seems very simple to me. Sincerely, Christopher Bissonette PARK TRUST 49 Bishop Road, Shelburne, VT 05482 June 9, 1998 Mr. Raymond J. Belair Zoning & Planning Assistant 575 Dorset Street South Burlington, VT 05403 Dear Ray: Thank you very much for talking with Jim on Monday. It went a long way towards clarifying the condition that seems to exist between us. If I heard things correctly, and read your letter, it seems that you thought the Trust was renting out parking spaces that were approved to be used by the employees of Al's French Fries. Hopefully, it is now clear that Al's French Fries needs did not materialize in the volume and timing that they expected. In simple terms, although they paid for the spaces, they were not being used. Therefore, the Trust entered into an "Identical Type" of lease with the Postal Service, ie leased parking spaces for the use of their employees. There was no change in use, it was identical. There was not any increase in traffic volume or peak impact. There was no incremental increase at all. As was discussed Monday, the change in tenant with identical use did not seem to warrant a new application and that the in place permit was more than satisfactory. I understand that based upon this letter you may be able to gain a more favorable interpretation from the City Attorney. That being the case, I understand an appeal will be unnecessary. I do want to underscore the fact that this was a public, above board and believed to be in total compliance with all state and local regulations. We thank you for your diligence, objectivity and responsiveness. Sincerely, Christopher Bissonette Vincom LLC 1891 Williston Road South Burlington, VT 05403 TO: Mr. Dick Ward Planning and Zoning, City of South Burlington FROM: Vincom LLC DATE: June 24, 1998 SUBJECT: Eight White Street, South Burlington Parking Lot Application Dear Mr. Ward, I have attached a copy of a letter from our attorney to the town's attorney that outlines an understanding between those two individuals. Their conversation took place in order to correct mis-impressions and confusion. It is the intent of the owners to develop the site plan as previously outlined, and to proceed with applications as soon as possible to accomplish our objectives. We do not see any parallels or contingencies related to any other individual or property. This appears to be another source of confusion that is creating ill will and concern by others. We do not know of the particulars of anyone else's property or needs, and do not want to confuse the issues by drawing parallels. It appears that this confusion is a result of one or more of the professionals that have been working on this project that do not have a complete understanding of the particulars, and have apparently mis-communicated to others. We apologize for any confusion that may have been created, but want to confirm that we are pursuing our applications, which we feel are in compliance with all regulations. Thank you for your time. C:\Wpdocs\Vincom\Zoning624 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 Monday, July 13, 1998 at 7:00 P.M. to consider the following: 41 Appeal of Champlain Water District, Richard Pratt agent seeking appproval from Section 12.20 Conditional uses, sub -section 12.207 Municipal facility of the South Burlington Zoning regulations. Request is for permission to demol- ish existing 2200 square foot maintenance garage and replace with a 3500 square foot maintenance garage, construct a 2500 square foot addition to existing water treatment plant, housing a upflow adsorption clarifier and two mixed media filters at the Peter L. Jacob Water Treatment Facility, 403 Queen City Park Road. #2 Appeal of William Warnock and Michele Starr seeking a variance from Section 25.00 Area, density and dimensional requirements of the South Burlington Zoning Regulations. Request is for permission to con- struct a 15' x 28' two story addition (garage & living area) and a 6' x 12' entryway to within forty four (44) feet of the required front yard and ten (10) feet of northerlyy side yard located at 69 Bartlett Bay Road. #3 Appeal of Chris and Michele Starr seeking a variance from Section 3.10 Conservation/Open Space Boundaries, sec- tion 3.40 use standards of the South Burlington Zoning Regulations. Re- quest is for permission to construct a 10'x12' deck within the Conser- vation/Open Space Dis- trict, proposed deck is located approximately six (6) feet from the low water level, located at 70 Bartlett Bay Road. #4 Appeal of Christo- pher Bissonette from a decision of the Assistant Administrative Officer in- volving the use of a property located at 70 White Street. #5 Appeal of Bret and Diane Kernoff seeking approval from Section 12.20 Conditional uses sub section 12.202 In- door recreational facili- ties and sub section 12.212 Amusement ar- cades -Section 26.65 Multiple uses of the South Burlington Zoning Regulations. Request is for permission to convert an existing retail store into a teenage dance club (structure contains 3000 square feet), lo- cated at 1203 Williston Road. Richard Ward, Zoning Administrative 1 Officer June 27, 1998 city or South Burlingtom, Application to Board of Adjustment Official Use APPLICATION i HEARING DATE ld/G8 FILING DATE Date 0 FEE AMOUNT Applicant C, /�jS%O% -GC /SSO�/G� /2UJ'/-� AnE'rear, agent Address �q �iS�%D/� /POgL� Telephone # Z — sh eZ �/�' Landowner ddresa Location and description ofproperty sG7 L /y /aD S - 6)16 C6 5pv-/; 'doc7T j 07"xCe Type of application check one: ) appeal from decision of Administrative Officer ( ) request for a condi tonal use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning 6 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 the hearing. Provisions of zoning ordinance in question 241110 7,11zex is.vo �4s."s 7440, b.v -& Reason for appeal S st c e '1- ./& /.es XL 6 iF 4v 4,4y "c 9,- 6/ie UZ4--/v '�' -AaJnir/-�r •tea 6A? /sue'- 61•s12�641c. The following documents 6�� RTC lb 03 6�9 -'o Rsa submitted in support of the application: /77/ /d/ro ai /n&o'; -ib u 3 Hearing Date mature of Appellant Do not write below this line --------------------------------------------------------------------------- SOUTH BURLINGTON ZONING 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 Municipal Offices, conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week at to consider the following: Month and Date Time Appeal of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to notice, appeals and granting of variances and other related provisions of Chapter 117 and Title 24, Vermont Statutes Annotated, 1rnown as the Vermont Planning and Development Act, shall be applicable to these regulations, as such provisions now provide or may hereafter be amended. 27.10 Zoning Permits No land development may be commenced within the area affected by these regulations without a zoning permit issued by the Administrative Officer. No zoning permit may be issued by the Administrative Officer except in conformance with these regulations and the provisions of the Vermont Planning and Development Act. Any applicant for a zoning permit shall provide the Administrative Officer with any and all information the Administrative Officer deems necessary to ascertain compliance with these zoning regulations. Such permit shall not be effective until the time for appeal has expired, or such appeal has been adjudicated, in accordance with the Vermont Planning and Development Act. 27.20 Certificates of Occupancy/Compliance 27.201 It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy/compliance is issued therefor by the Administrative I Officer. 27.202 Within five (5) days after notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Administrative Officer to have made a final inspection thereof and issue a certificate of occupancy/compliance if the project is found to conform with the provisions of this ordinance, and all other ordinances and regulations of the City. 27.203 Temporary Certificate of Occupancy/Compliance. Upon request of the owner or his authorized representative, the Administrative Officer may issue a temporary certificate of occupancy/compliance for the purposes described above provided the owner or his authorized representative can demonstrate that any and all City approvals or permits have been obtained and complied with to the fullest extent possible, barring uncontrollable factors such as inclement weather that may have prevented final paving or installation of required landscaping. The temporary certificate of occupancy/compliance shall remain in effect for a period not to exceed six (6) months at which time the owner or his representative must obtain a certificate of occupancy/compliance as provided in 27.201 and 27.202 above. 27.204 Certificates of occupancy/compliance shall not be required for single- family or two-family dwellings. of 27.30 Expiration of Permits and Approvals ne lg 27.301 Zoning Permits - A zoning permit shall expire six months from its date of of issue unless there is a reasonable amount of objective evidence of intent to Lie pursue the furtherance of the project for which the permit was issued. i 4jJ UUL BERGERON, PARADIS, FITZPATRICK & SMITH ATTORNEYS AT LAW 27 MAN STREET P.O. BOX 925 BURLINGTON, VFRMONT 05402 JOHN J. EEAGERON TEL (S021 863.1191 FAX W21 863-6799 ESSFX JUNCTION pFFrCF vINC£NT A PARADIS EMAIL: bpr.bur1a)I0ge(rWr.ret 31 PEARL STREET PO OQX IT. HOWARO D FITZPATRICK F$,RFA .IUNCTION, VERMONT 056S3 NORMA N C. SMITH TEL (R62) 972-6304 PRISCILLA D DUSE FAX (8= 970 6$33 DOUGLAS G KALLEN EMAIL: bpM—Otpaelher.n t DANIEL P. O'ROVRKE M cov"-- REPLY TO Ito. BOX 92b JOHN W. O OONNELt OuRUNGTON. VT W+UL June 19, 1998 VIA FACSIMILE: 660-2552 and FIRST CLASS MAIL Joseph McLean, Esq. Stizel, Page & Fletcher, PC 171 Batter Street P.O. Box 1507 Burlington, VT 05402-1507 Re: Vingom LLC 8 White Street, South Burlington Parking Lot Application Dear Joe: This will confirm our recent telephone conversation. Vincom, LLC does not plan to use the parking lot it proposes at 8 White Street for "public parking." The intent is for the parking to be used by the neighboring property owned by Lee Zachary at 1234 Williston Road. If necessary, we will enter into an Easement Agreement in which Lee Zachary will obtain an Easement from Vincom, LLC for use of the parking. The matter is currently scheduled for a hearing before the Planning Commission on Tuesday, June 23, 1998. As I will be away on vacation, I would appreciate this information being brought to the Planning Commission's attention. I am faxing a copy of this letter to Ray Belair for his information. Very truly yours, 5 no `ram Norman C. Smith, Esq. NCS/llb cc: Ray Belair (VIA FACSIMILE: 658-4748) Jim Carroll (VIA FACSIMILE: 655-1904) Lee Zachary (VIA FACSIMILE: 658-1593) 7 City of South Burlington Application to Board of Adjustment Date Applicant Address Landowner Owner, leasee, agent Location and description of property Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Telephone # Address 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 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. Provisions of zoning ordinance in question Reason for appeal The following documents are submitted in support of the application: Hearing Date Signature of Appellant Do not write below this line ---------------------------------------------------------------------------- SOUTH BURLINGTON ZONING 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 Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Month and Date Appeal of Day of Week at to consider the following: Time seekfrom Sect -icon 1J6 r Get �1 of the South Burlington Zoning Regulations. Request is for permission to 4) CHRISTOPHER BISSONETTE D.B.A. PARK TRUST - 70 WHITE STREET Appeal from a ruling by Ray Belair, Assistant Zoning Administrative Officer. The issue is whether a parking lot permitted for employee use and then leased to others is considered a change in use. Violation letter dated June 3, 1998 plus copy of September 10, 1996 minutes and approval motion.