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BATCH - Supplemental - 0185 Patchen Road (2)
- - _ �iEC L , _ - �) iqits;, MI .510C. MWf ' �It=ftZ -PR F✓1005t4PS20V19LS ►9�fl ,' ® W q`�' W,9� -t�jF VN r7 `C�'-' [ o T #-. .�i(Z5T_ T r T- I-S 4.)A4S /" DR E 7gtg^-.) it- 06o , T4F,j -2z T' fba---Lam s "Di M Lc co- - POST A i�3a ND i ^J tit- A *-%ouN +' 6FpowtFID I- F AFFIDAVIT OF CLAUDETTE C. SWETT 1, Claudette C. Swett, being duly sworn, state the following: 1. My name is Claudette C. Swett. I am the co-owner, with my sister, Lorraine O'Brien, of the single family residence located at 21 Arbor Road, South Burlington, Vermont. The property is Lot 2 on a subdivision plan filed as Map Slide 285-1 of the City of South Burlington Land Records. 2. My brother Gerald Leclair, as a developer/builder, assisted my mother Germaine M. Leclair, to create a three -lot subdivision between Patchen Road and Arbor Road. City subdivision approval was granted on October 3, 1995 for a three -lot subdivision. City water and sewer connection permits were issued on November 14, 1996 for Lot 2. A City building permit for a house on Lot 2 was issued on November 6, 1995. Gerald Leclair took several years to complete the house on Lot 2 for my mother Germaine M. Leclair. 3. My mother's residence was completed no later than July 2000, and upon its completion, my mother immediately moved into the home as her primary residence and lived there full time until her death on August 27, 2013. I have personal knowledge of my mother's use of the home as a primary residence as I visited her often, primarily in the summer and on holidays. 4. The Lot 2 water and sewer pipes were laid on the south side of Lot 1 and were connected to City services under the observation and guidance of City officials. I confirmed the pipes' location by telephone conversation on August 28, 2014 with T. L. Boise of T. L. Boise Excavating, Inc., who dug the ditch, and Mr. Boise clearly recalled and verbalized the line locations as being "on the south side of Lot L" Mr. Boise clearly recalled City employees being on site at the time the ditch was dug and lines laid in the ground. Dated at Danville, Vermont this 2"d day of September, 2014. Claudette C. Swett STATE OF VERMONT CALEDONIA COUNTY, SS At Danville, in said County and State on this 2"d day of September, 2014, Claudette C. Swett personally appeared and swore to the truth of this Affidavit to the best of her knowledge and belief. Before me, Notary Public My Commission Expires: February 10, 2015 WARD & BABB ATTORNEYS -AT -LAW A Trade Name for a Professional Corporation EUGENE J. WARD, III GUY L. BABB WILLIAM B. TOWLE CYNTHIA R. AMRIIEIN (vT, NY) MICIIAEL W. DUNN (VT, MA) REGISTERED LAW CLERKS: IIETIIBA FATNASSI CATHERINE M. COLT Sender's E-mail: ward®wardandbabb.com September 5, 2014 James Barlow, Esq., Legal Counsel City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Lot 2, 21 Arbor Road, South Burlington, Vermont Dear Jim: CLOSING COORDINATOR: DEBRA DENNY LEGAL ASSISTANTS: TIFFANY R. PEZZIMENTI ELAINE M. SARKISIAN PARALEGAL: JO RICHER Per our conversation on August 28, 2014, enclosed, please find the affidavit of Claudette C. Swett, the current co-owner of 21 Arbor Road, South Burlington, Vermont, that verifies her mothers' occupancy of the property as requested. Ray can likely generally confirm its accuracy relative to occupancy. I look forward to your letter addressing the easement review by City Counsel issue, and the Arbor Road sidewalk issue as referenced in the City subdivision approval. Should you need anything else from me, please do not hesitate to contact me. Relative to water and sewer lines, we received confirmation that both line locations are on the south side of Lot 1 within the sewer easement map location. The approved plan depicts the sewer easement location as 20 feet on the southerly side. The approved water location is shown on the north side of the property. The water line is not in the approved location. Once we are down to the water line location as our only outstanding issue on this property, my client will either get an appropriate easement from the Lot 1 owners and seek City approval to leave the water line where located, or my client will lay a new water line in the approved location. Once we are down to this one issue, I shall keep you posted on our direction and progress. I appreciate the time you and Ray have taken to help me straighten out this matter. Sincer ly, �. Euge J. Ward, III, Esq. EJW/hf Encs. cc: Raymond Belair, Administrative Officer H:\SW_8\5U8DIVIS\U-da1r h 5w,•tt\ 11UA28 Lctta to COV Cok-1 d- 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 O Telephone (802) 863-0307 O Facsimile (802) 863-4587 IRS Circular 230 Disclaimer: In order to ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. Page 1 Todd Chagnon Construction, Inc. 29 Dubuque Lane South Hero, VT 05486 Bill To Claudette Sweet 21 Arbor Road South Burlington, VT 05452 Invoice Date Invoice # 12/1/2014 12012014 P.O. No. Terms Project NET 10 Days Quantity Description Rate Amount 1 Lump Sum Relocation of an existing 3/4" Copper water service from the south side of 8,900.00 8,900.00 property to the north side along existing driveway to service #21 Arbor Rd. As per proposal dated 11/13/2014 16 Hrs. Deputy (Chittenden County Sheriffs Dept.) 50.00 800.00 Breakdown of Lump Sum; Materials; 3/4" Pipe & Fittings $1,423.00 Topsoil/Seed/Hay/Bark Mulch $602.00 Labor w/ohp: 2.5 days with Crew & Equipment @ $2,750.00 = $6,875.00 All work is complete! Total $9,700.00 WARD & BABB ATTORNEYS -AT -LAW A Trade Name for a Professional Corporation EUGENE J. WARD, III GUY L. BABB WILLIAM B. TOWLE CYNTHIA R. AMRHEIN (VT, NY) MICHAEL W. DUNN (VT, MA) REGISTERED LAW CLERKS: HETHBA FATNASSI CATHERINE M. COLT Sender's E-mail: ward@wardandbabb.com December 8, 2014 Raymond Belair, Administrative Officer South Burlington Planning and Zoning 575 Dorset Street South Burlington, VT 05403 RE: Lot 2, 21 Arbor Road, South Burlington, Vermont Dear Ray: CLOSING COORDINATOR: DEBRA DENNY LEGAL ASSISTANTS: TIFFANY R. PEZZIMENTI ELAINE M. SARKISIAN PARALEGAL: JO RICHER Enclosed, please find an invoice from Todd Chagnon Construction, Inc. for the relocation of water service. This was the last issue with respect to this property and all title matters and city issues should now be completed. If you have any questions relative to this matter, please do not hesitate to call. SincerelA."War Eugene,'III, Esq. EJW/hf Encs. H:\Sta_8\Client Docs\Swett - So. Burlington Subdivision Issue\141208 Letter to Ray Belair dmx 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 O Telephone (802) 863-0307 O Facsimile (802) 863-4587 IRS Circular 230 Disclaimer: In order to ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. Page 1 AFFIDAVIT OF CLAUDETTE C. SWETT I, Claudette C. Swett, being duly sworn, state the following: 1. My name is Claudette C. Swett. I am the co-owner, with my sister, Lorraine O'Brien, of the single family residence located at 21 Arbor Road, South Burlington, Vermont. The property is Lot 2 on a subdivision plan filed as Map Slide 285-1 of the City of South Burlington Land Records. 2. My brother Gerald Leclair, as a developer/builder, assisted my mother Germaine M. Leclair, to create a three -lot subdivision between Patchen Road and Arbor Road. City subdivision approval was granted on October 3, 1995 for a three -lot subdivision. City water and sewer connection permits were issued on November 14, 1996 for Lot 2. A City building permit for a house on Lot 2 was issued on November 6, 1995. Gerald Leclair took several years to complete the house on Lot 2 for my mother Germaine M. Leclair. 3. My mother's residence was completed no later than July 2000, and upon its completion, my mother immediately moved into the home as her primary residence and lived there full time until her death on August 27, 2013. I have personal knowledge of my mother's use of the home as a primary residence as I visited her often, primarily in the summer and on holidays. 4. The Lot 2 water and sewer pipes were laid on the south side of Lot 1 and were connected to City services under the observation and guidance of City officials. I confirmed the pipes' location by telephone conversation on August 28, 2014 with T. L. Boise of T. L. Boise Excavating, Inc., who dug the ditch, and Mr. Boise clearly recalled and verbalized the line locations as being "on the south side of Lot L" Mr. Boise clearly recalled City employees being on site at the time the ditch was dug and lines laid in the ground. Dated at Danville, Vermont this 2nd day of September, 2014. Claudette C. Swett STATE OF VERMONT CALEDONIA COUNTY, SS At Danville, in said County and State on this 2nd day of September, 2014, Claudette C. Swett personally appeared and swore to the truth of this Affidavit to the best of her knowledge and belief. Before me, L W-A*-q- �,k -r-- Notary Public My Commission Expires: February 10, 2015 ......... WARD & BABB ATTORNEYS -AT -LAW A Trade Name for a Professional Corporation EUGENE J. WARD, III GUY L. BABB WILLIAM B. TOWLE CYNTHIA R. AMRHEIN (VT, NY) MICHAEL W. DUNN (VT, MA) REGISTERED LAW CLERKS: HETHBA FATNASSI CATHERINE M. COLT Sender's E-mail: ward@wardandbabb.com September 5, 2014 James Barlow, Esq., Legal Counsel City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Lot 2,21 Arbor Road, South Burlington, Vermont Dear Jim: CLOSING COORDINATOR: DEBRA DENNY LEGAL ASSISTANTS: TIFFANY R. PEZZIMENTI ELAINE M. SARKISIAN PARALEGAL: JO RICHER Per our conversation on August 28, 2014, enclosed, please find the affidavit of Claudette C. Swett, the current co-owner of 21 Arbor Road, South Burlington, Vermont, that verifies her mothers' occupancy of the property as requested. Ray can likely generally confirm its accuracy relative to occupancy. I look forward to your letter addressing the easement review by City Counsel issue, and the Arbor Road sidewalk issue as referenced in the City subdivision approval. Should you need anything else from me, please do not hesitate to contact me. Relative to water and sewer lines, we received confirmation that both line locations are on the south side of Lot 1 within the sewer easement map location. The approved plan depicts the sewer easement location as 20 feet on the southerly side. The approved water location is shown on the north side of the property. The water line is not in the approved location. Once we are down to the water line location as our only outstanding issue on this property, my client will either get an appropriate easement from the Lot 1 owners and seek City approval to leave the water line where located, or my client will lay a new water line in the approved location. Once we. are down to this one issue, I shall keep you posted or. our direction and progress. I appreciate the time you and Ray have taken to help me straighten out this matter. Sincer ly, Q Euge J. Ward, III, Esq.. EJW/hf Encs. cc: Raymond Belair, Administrative Officer H:\Sta_9\Su3o1V1s\L1aQ & Swett\ 140828 Lena to city co—Ld- 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 � Telephone (802) 863-0307 O Facsimile (802) 86,,3 4587 IRS Circular 230 Disclaimer: In order to ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. Page 1 Said conveyance is subject to the encumbrance of outstanding permit and subdivision matters. Reference is hereby made to the aforementioned instruments and to the references contained therein in further aid of this description. TO HAVE AND TO HOLD all right and title in and to said quitclaimed premises, with the appurtenances thereof, to the said CLAUDETTE C. SWETT and LORRAINE M. O'BRIEN, as tenants -in -common and their heirs, successors or assigns forever, AND FURTHERMORE, I, the said GERMAINE M. LECLAIR do for myself and my heirs, executors, and administrators, covenant with the said CLAUDETTE C. SWETT and LORRAINE M. O'BRIEN, and their heirs, successors or assigns, that from and after the ensealing of these presents I, GERMAINE M. LECLAIR, will have and claim no right, in, or to the said quit- claimed premises except as stated above. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of , 2003. In the Presence of.• Witness 4ud y tryar't State of Vermont ) ) ss. County of L'It t7/e ,4v\ ) L GERMAINE M. LECLAIR tL At ��^ "kthis day of X v 2003 GERMAINE M. LECLA personally appeared, and she acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. Before me A�_5' Notary Public My commission expires: 774 �-/07 2 CITY CLERK'S OFFICEQ 211. at �' ,M�, Received on pagaMq QUITCLAIM DEED Recorded in Vol. 7�0 with reserved life estate �f So. Burlington Land Records Attest: pD S Kinville, city Clerk KNOWALL PEOPLE BY THESE PRESENTS, that I, GERM A M. LECLAIR also known as GERMAINE LECLAIR, of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR, in the consideration of one and 00/100 ($1.00) dollar and other good and valuable consideration paid to my full satisfaction by CLAUDETTE C. SWETT of Danville, Vermont and LORRAINE M. O'BRIEN of Dallas, Texas, GRANTEES, do hereby REMISE, RELEASE, AND FOREVER QUITCLAIM unto the said CLAT DETTE C. SWETT and LORRAINE M. O'BRIEN, as terants-in-comm. --n and their heirs, successors or assigns, all right and title which 1 or my heirs have in, and to a certain piece of land in South Burlington in the County of Chittenden, state of Vermont, described as follows, viz: Being Lot #2 (two) as shown on a map entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road" prepared by Vermont Land Surveyors dated May 8,1995 as amended 08/ 11/ 95 and 9/1/95 and received by the City of South Burlington September 5,1995, which lot is known as 21 Arbor Road. Being a portion of the land and premises conveyed to Germaine LeClair by Warranty Deed of Robert Harton dated January 13,1994 and recorded in Book 357 Pages 485-486 of the City of South Burlington Land Records. Said property is subject to easements from Germaine LeClair to Vermont Gas Systems, Inc dated September 23,1996 and recorded in Book 398 Pages 709-710 of the City of South Burlington Land Records, and from Germaine LeClair to Green Mountain Power Corporation, a Vermont Corporation and NYNEX, dated November 17,1997 and recorded in Book 420 Page 720 of the City of South Burlington Land Records. The Grantor reserves for herself a life estate in said premises, and also reserves for herself for the duration of her natural life the power by her sole instrument to sell, convey, mortgage or encumber the premises or any part thereof the same as if she held the estate in fee simple, meaning hereby to convey an estate to the Grantees subject to defeasance during the lifetime of the Grantor. Said power to sell, convey, mortgage or encumber is reserved by the Grantor personally, and shall be of no force and effect if executed by any other person as agent for the Grantor. LAW OFFICE OF WILLIAM E. DRISLANE, 74 MAIN STREET, BURLINGTON, VT 05401 (802) 860-7266 ' . First American s: Title Insurance Company 1. 1 understand you have not conducted a complete 40-year title search of the subject premises and the willingness of the Company to insure the subject premises is contingent upon such a title examination disclosing nothing to the contrary relevant to the facts creating the beneficial easements across Lot 1. The existence of pending or threatened claim regarding the validity of said beneficial easements. Please feel free to contact me if you have any further questions. Very truly yogrs, Harland L. Miller, III Vermont State Counsel /hlm 32 Seymour Street, Suite 103, Williston, VT 05495 r E L 802.764.3062 . r o u F R E E 800.639.2502 . FA x 802.764.3080 https:Ila9ency.myfirstam.com S � • N , � f First American Title Insurance Company The relevant portion of the property description in the Quitclaim Deed recorded in Volume 612 at Pages 749-750 is as follows: "Being Lot #2 (two) as shown on a map entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road" prepared by Vermont Land Surveyors dated May 8, 1995 as amended 08/11/95 and 9/1/95 and received by the City of South Burlington September 5, 1995, which lot is known as 21 Arbor Road." The reference to a recorded survey or plat is a common method of describing property in Vermont. Although the beneficial easements across Lot #1 are not specifically mentioned in the description, there is long standing Vermont case law that addresses the issue of whether a parcel described by reference to a recorded plat includes the benefit of appurtenant easements shown on the plan. The key case is Clearwater Realty v. Bouchard, 146 Vt. 359 (1985), which held: "Although a matter of first impression in this jurisdiction, it is a familiar principle of law that where lots are sold by reference to a recorded plat, lot purchasers acquire the right to keep open and use roads, streets, highways, and park areas as indicated on the plat. Courts in some jurisdictions have held that lot purchasers only acquire an easement over streets or ways which touch their land or which are necessary for the use and enjoyment of their property. The majority position, however, and the one we now adopt, is that lot owners acquire rights in all roads, streets, parks, and other designated ways shown on the plat map unless a contrary intent is affirmatively shown." (citations omitted) The facts in Clearwater were very similar to the facts here. The property conveyed was described by specific references to a recorded subdivision plat but did not set forth specific grant of a 25 foot wide easement leading to Lake Champlain which was shown on the recorded plat. The Vermont Supreme Court held that the lots were benefitted by the easement shown on the recorded plan. Further, there is nothing else in the Quitclaim Deed to the subject premises which indicates any affirmative intent not to include the beneficial easements. Given the conditions permits issued by the City of South Burlington approving this subdivision, the intent to include these beneficial easements can also be inferred, since the grantor would not want to purposely create a lot in violation of the subdivision approval. Based on the my understanding of the fact in this case and the Clearwater holding, and subject to the disclaimers set forth below, First American Title Insurance would be willing to insure title to Lot 2 such that includes the beneficial easements across Lot 1 as shown on The Plan. 32 Seymour Street, Suite 103, Williston, VT 05495 T E L 802.764.3062 ♦ T O L L F R E E 800.639.2502 . FA x 802.764.3080 https://agency.myfirstam.cam . First American Title Insurance Company August 26, 2014 Eugene J. Ward, III, Esquire Ward & Babb 3069 Williston Road South Burlington, Vermont 05403 Re: 3 Lot Subdivision, Arbor Road, South Burlington (Map Slide 285) Dear Chip, I have received your emails of July 30, 2014 and I have reviewed the various attachments involving property located between Arbor Road and Patchen Road in South Burlington, Vermont. The subject premises are shown on a plan entitled "Final Plat Three Lot Subdivision for GERMAINE LECLAIR, #185 Patchen Road, So. Burlington, Vermont", prepared by Vermont Land Surveyors, dated May 8, 1995:8/11/95, and bearing project number 9520, hereinafter, "The Plan". I understand you are enquiring as to the title to Lot 2, as shown on The Plan, in particular, whether Lot 2 has the benefit of a 20 foot right of way running from Arbor Road across the northerly part of Lot #1 to northwesterly corner of Lot 42, and water and sewer easements shown on The Plan. I understand the relevant deeds and documents in the chain of title to Lot #2 include the following: 1. The recording of The Plan on September 5, 1995 as Map Slide 285. 2. A Quitclaim Deed with reserved life estate from Germaine M. LeClair to Claudette C. Swett and Lorraine M. O'Brien, dated April 8, 2003 and recorded May 28, 2003 in Volume 612, Page 749-750 of the City of South Burlington Land Records. 3. A death certificate for Germaine Marie LeClair, evidencing the termination of the reserved life estate in the Quitclaim deed recited in the preceding paragraph. 32 Seymour Street, Suite 103, Williston, V r 05495 r E L 802.764.3062 . r o u F R E E 800.639.2502 . FAX 802.764.3080 https://agency.myfirstam.com Kindly present the deed, the map, and Hal Miller's letter to City counsel. Counsel should find the easement acceptable as written in the deed in accordance with Hal Miller's letter. My clients do not have the cooperation of all the Lot 1 owners to do anything different and the current easement reference is legal and insurable. Never has there been a claim advanced by a neighbor that this easement does not exist or is not legal. City counsel's review should fulfill condition # 13 of the October 3, 1995 subdivision approval. Sidewalk Construction Arbor Road The original subdivision approval required the City to ensure the sidewalk was completed before Lot 1 and Lot 2 were occupied. This did not happen twenty years ago when Lot 2 builder Gerald Leclair failed to meet the condition and Germaine Leclair was granted a building permit to build on Lot 2. Currently the home on Lot 2 is nearly 20 years old and is unmarketable due to the two conditions addressed herein. My clients were not involved with the development twenty years ago and are prejudiced by the City's failure to enforce its subdivision approval back then. As a practical matter, I understand there are no sidewalks on that side of Arbor Road and it may not make sense to put in a sidewalk to nowhere. On behalf of the owners of Lot 2 only, and not on behalf of the owners of Lot 1, I request the City waive the sidewalk construction requirement. It may also be a benefit to Lot 1 to have the condition released, however there is no cooperation between all the owners and in fact, one of the five Lot 1 owners has demanded personal benefits to gain his cooperation to seek this release of condition to execute a Lot 1 request. As a practical matter, the Lot 1 owners could always re- petition the City to build a sidewalk in the unlikely event they desired a sidewalk there when a home is built on Lot 1. I make this request on behalf of Lot 2 only, to clear the condition of subdivision approval to make the Lot 2 residence title marketable. Clearing this matter up for the benefit of Mrs. Swett and Mrs. O'Brien based on the history is the right thing for the City to do. Kindly let me know if this can be handled by administrative amendment in light of the near twenty years of inaction. Sincerely, C4 Wwv Eugene J. Ward, III, Esq. EJW/hf Encs. H:\Sta_8\SU8DIVIS\Ledair & Swett\140819 Letta.docx 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 Telephone (802) 863-0307 O Facsimile (802) 863-4587 Page 2 WARD & BABB ATTORNEYS -AT -LAW A Trade Name for a Professional Corporation EUGENE J. WARD, III GUY L. BABB WILLIAM B. TOWLE CYNTHIA R. AMRHEIN (VT, NY) MICHAEL W. DUNN (VT, MA) REGISTERED LAW CLERKS: HETHBA FATNASSI CATHERINE M. COLT Sender's E-mail: ward@wardandbabb.com August 20, 2014 Via Hand Delivery to Raymond Belair, Administrative Officer South Burlington Planning and Zoning 575 Dorset Street South Burlington, VT 05403 RE: Lot 2,21 Arbor Road, South Burlington, Vermont Dear Ray: CLOSING COORDINATOR: DEBRA DENNY LEGAL ASSISTANTS: TIFFANY R. PEZZIMENTI ELAINE M. SARKISIAN PARALEGAL: JO RICHER I represent Claudette Swett and Lorraine O'Brien, the owners of Lot 2 of the Germaine Leclair subdivision at 21 Arbor Road, South Burlington, Vermont. There is a permitted house there which was occupied by Mrs. Germaine M. Leclair who died a year ago. The house was built by Gerald Leclair in 1995 and a City zoning permit was issued. There are a couple of conditions in the original subdivision approval that remain open. Easement Language Review In the original 3 lot subdivision approval, against the recommendation of staff, City counsel was to review and approve the Lot 2 easement language over Lot 1 to Arbor Road. I hereby enclose: (a) A copy of the easement language contained in the original Lot 2 out conveyance from Germaine Leclair to my clients. The approved map is referenced therein. I have highlighted the Vermont Land Surveyors map reference. (b) A reduced copy of the Vermont Land Surveyors 3 lot subdivision for your convenience. You will note the Lot 2 access easement is shown over the north portion of Lotl and the Lot 2 utility easement is shown over the south portion of Lot 1. (c) A letter from Hal Miller, in-house counsel for First American Land Title, indicating the reference to the map of record showing the easements creates legal easements and as such First American would be willing to insure them. 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 O Telephone (802) 863-0307 4 Facsimile (802) 863-4587 IRS Circular 230 Disclaimer: In order to ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. Page 1 Said conveyance is subject to the encumbrance of outstanding permit and subdivision matters. Reference is hereby made to the aforementioned instruments and to the references contained therein in further aid of this description. TO HAVE AND TO HOLD all right and title in and to said quitclaimed premises, with the appurtenances thereof, to the said CLAUDETTE C. SWETT and LORRAINE M. O'BRIEN, as tenants -in -common and their heirs, successors or assigns forever, AND FURTHERMORE, I, the said GERMAINE M. LECLAIR do for myself and my heirs, executors, and administrators, covenant with the said CLAUDETTE C. SWETT and LORRAINE M. O'BRIEN, and their heirs, successors or assigns, that from and after the ensealing of these presents I, GERMAINE M. LECLAIR, will have and claim no right, in, or to the said quit- claimed premises except as stated above. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of a r 2003. In the Presence of OA&.'ut afLt Witness 4LAd y bryar.t State of Vermont Coisnhjof (�y-t,AG ,eho, )ss. GERMAINE M. LECLAIR . —eluv.1, � I J At this day of � yr 2003 GERMAINE M. LECLA personally appeared, and she acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. Before me ZAY44A- Notary Public My commission expires: 7-// j 07 2 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Germaine LeClair for subdivision of a 43,579 square feet parcel of land with a single fmaily home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,506 square feet, 185 Patchen Road. On the 12th day of September, 1995, the South Burlington Planning Commission approved the request of Germaine LeClair for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of the subdivision of a 43,579 square foot lot with a single family dwelling into three (3) lots of 9506 square feet (lot #1), 9504 square feet (lot #2) and 24,569 square feet (lot #3). Lot #3 is developed with a single family dwelling and a large accessory structure. The preliminary plat was approved on June 13, 1995. 2. This property located at 185 Patchen Road lies within the R4 District. It is bounded on the south by a day care center with an apartment and the Summer Woods residential development, on the west by Summer Woods, on the north by undeveloped property and on the east by Patchen Road. 3. Access: Access to the single family dwelling on lot #3 is provided by a 20 foot curb cut on Patchen Road. Access to lot #1 is provided by a 12 foot curb cut on Arbor Road. Access to lot #2 is provided by a 20 foot right-of-way across lot #1 to Arbor Road. The cul-de-sac streets serving Summer Woods currently provide access to 43 dwelling units and a day care facility. Allowing access from this development to these streets will not exceed the 50 unit limit required under Section 401.1(7) of the subdivision regulations. 4. Lot size/frontage: ill three (3) lots meet the minimum lot ,size requirement of 9500'square feet. 5. Lot #1 will meet the 80 foot frontage requirement on Arbor Road. Lot #3 meets the 100 foot frontage requirement along Patchen Road. Lot #2 will not have frontage on a public street and will be served by a 20 foot r.o.w. 6. Setbacks/coverage: The existing dwelling on lot #3 does not meet the 50 foot front setback requirement. This is an existing situation which is not being made worse by this application. 1 DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Germaine LeClair for subdivision of 43,579 square feet of land with a single --family home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,056 square feet, 185 Patchen Road, as depicted on the plat entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road So. Burlington, Vermont", prepared by Vermont Land urveyors, dated May 9, 1995, last revised September 1, 1995, with the following stipu a MUM 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The Planning Commission approves a total sewer allocation of 900 gpd. The per gallon fee shall be paid prior to issuance of a zoning permit on a per bedroom basis. 3. The applicant shall construct a sidewalk along the property's frontage in a location approved by the City Engineer prior to occupancy of a unit on either lot #1 or 2. Prior to issuance of a zoning permit for either lot #1 or 2, the applicant shall post a bond in an amount approved by the City Engineer. 4. The existing accessory structure on lot #3 shall be reduced in size, as shown on the approved plat, in order to comply with setback requirements. In addition, a portion of the driveway shall be removed and replaced with lawn, as shown on the approved plat, in order to Comply with coverage requirements. The portions of the structure and driveway which are to be removed shall be so removed and the affected areas replaced with lawn within one (1) year from the date of final plat approval or prior to occupancy of a dwelling constructed on lot #2, whichever comes first. 5. The depressed curb on Arbor Road serving as an entrance to lots #1 and 2 shall be extended across the entire frontage of lot #1 prior to occupancy of a dwelling on lot #1 or 2. 6. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chairman or Clerk prior to recording. Chairma o-r--�-1-ork®--� South Burlington Planning Commission 16 3 S ate 3 7. The existing accessory structure on lot #3 will eventually meet the 30 foot rear setback requirement from the new property line between lots #2 and 3. For a short period of time it will not meet the requirement. The applicant proposes to remove a portion of the structure but not until the house on lot #2 is under construction. He wishes to use the roof trusses from the portion of the accessory structure being removed to use on the house on lot #2. This would save the expense of having a crane on the property more than once. 8. Staff reviewed this issue with the City Attorney. His recommendation was that a condition be placed on the approval requiring the removal of the westerly portion of the accessory structure on lot #3 within one (1) year from date of approval or prior to occupancy of a dwelling constructed on lot #2, which ever comes first. 9. Building coverage proposed for lot #3 is 20% (maximum allowed is 20%). overall coverage proposed is 38% (maximum allowed is 40%). 10. The portion of the accessory structure and driveway shown on the plat to be eliminated shall be so eliminated and seeded prior to recording the final plat plan (preliminary condition #b). 11. Sidewalk: The plan shows a sidewalk along the property's frontage extending part way across the property's frontage. The fire hydrant must be relocated before the sidewalk can continue the rest of the way. The remainder of the sidewalk should be constructed prior to issuance of a zoning permit for lots #1 and 2. Prior to construction of the sidewalk, the applicant shall post a bond in an amount approved by the City Planner (preliminary condition #4). 12. Sewer: The sewer allocation requested is 900 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance (preliminary condition #2). 13. Legal documents: A condition of preliminary plat approval required that the legal documents for the easements be approved by the City Attorney. Staff recommended that since these are all private easements the City should leave it up to the applicant to make sure that the legal documents are in order and not require a review by the City Attorney. 14. Impact fees: The applicant was made aware that development of lots #1 and #2 will be subject to school, road and recreation impact fees. 2 CITY CLERK'S OFFICE Received a 20&5at D !�C`� QUITCLAIM DEED Recorded in Vol. .�"' on Pa9� Of So. Burlington Land Records 7-40 with reserved life estate Attest: 0--oa pp S Kinville, City Clerk KNOW ALL PEOPLE BY THESE PRESENTS, that I, GERM A� M. LECLAIR also known as GERMAINE LECLAIR, of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR, in the consideration of one and 00/100 ($1.00) dollar and other good and valuable consideration paid to my full satisfaction by CLAUDETTE C. SWETT of Danville, Vermont and LORRAINE M. O'BRIEN of Dallas, Texas, GRANTEES, do hereby REMISE, RELEASE, AND FOREVER QUITCLAIM unto the said CLAUDETTE C. SWETT and LORRAINE M. O'BRIEN, as tenants-in-com.non and their heirs, successors or assigns, all right and title which I or my heirs have in, and to a certain piece of land in South Burlington in the County of Chittenden, state of Vermont, described as follows, viz: Being Lot #2 (two) as shown on a map entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road" prepared by Vermont Land Surveyors dated May 8,1995 as amended 08/11/95 and 9/1/95 and received by the City of South Burlington September 5,1995, which lot is known as 21 Arbor Road. Being a portion of the land and premises conveyed to Germaine LeClair by Warranty Deed of Robert Harton dated January 13,1994 and recorded in Book 357 Pages 485-486 of the City of South Burlington Land Records. Said property is subject to easements from Germaine LeClair to Vermont Gas Systems, Inc dated September 23,1996 and recorded in Book 398 Pages 709-710 of the City of South Burlington Land Records, and from Germaine LeClair to Green Mountain Power Corporation, a Vermont Corporation and NYNEX, dated November 17,1997 and recorded in Book 420 Page 720 of the City of South Burlington Land Records. The Grantor reserves for herself a life estate in said premises, and also reserves for herself for the duration of her natural life the power by her sole instrument to sell, convey, mortgage or encumber the premises or any part thereof the same as if she held the estate in fee simple, meaning hereby to convey an estate to the Grantees subject to defeasance during the lifetime of the Grantor. Said power to sell, convey, mortgage or encumber is reserved by the Grantor personally, and shall be of no force and effect if executed by any other person as agent for the Grantor. LAW OFFICE OF WILLIAM E. DRISLANE, 74 MAIN STREET, BURLINGTON, VT 05401 (802) 860-7266 First American s: Title Insurance Company 1. 1 understand you have not conducted a complete 40-year title search of the subject premises and the willingness of the Company to insure the subject premises is contingent upon such a title examination disclosing nothing to the contrary relevant to the facts creating the beneficial easements across lot 1. The existence of pending or threatened claim regarding the validity of said beneficial easements. Please feel free to contact me if you have any further questions. Verytruly yo rs, Harland L. Miller, III Vermont State Counsel /him 32 Seymour Street, Suite 103, Williston, VT 05495 reL 802.764.3062♦ rots FREE 800.639.2502. PA 802,764.3080 https://a9ency.myfirstam. c o m 3. The Applicant shall construct a sidewalk along the property's frontage in a location approved by the City Engineer prior to occupancy of a unit on either lot #1 or 2. Prior to issuance of a zoning permit for either lot #1 or 2, the applicant shall post a bond in an amount approved by the City Engineer. Having reviewed the file, and aerial images of the property and neighborhood, it is my opinion that this requirement for construction of "a sidewalk along the property's frontage" refers to construction of a section of sidewalk along Patchen Road, not Arbor Road. As described in paragraph 11 of the Findings of Fact, at the time of the application, the sidewalk along Patchen Road extended "part way across the property's frontage" and terminated at a fire hydrant and a small section of this sidewalk along Patchen Road remained uncompleted. This is reflected on the subdivision plan filed as Map Slide 285-1 of City Land Records. Moreover, I note that there are presently no sidewalks on the side of Arbor Road where the LeClair property is located. To require the Applicant to construct a section of sidewalk a long Arbor Drive that is not connected to any other sidewalk on that side of Arbor Road would not serve any purpose or make any sense. In any case, at some time after issuance of the Findings of Fact & Decision, the uncompleted section of sidewalk along the property's Patchen Road frontage was constructed. In my opinion, the condition in this paragraph 3 that the Applicant "construct a sidewalk along the property's frontage" has been fulfilled. Please let me know if you have any additional questions. South Burlington City Attorney cc: Raymond Belair, Administrative Officer southburlington VERMONT September 12, 2014 Eugene J. Ward, III, Esq. Ward & Babb 3069 Williston Road South Burlington, VT 05403 Re: Lot 2, 21 Arbor Road, South Burlington, Vermont Dear Chip: have reviewed your letter of September 5, 2014 and your letter to Administrative Officer Ray Belair dated August 20, 2014. Based on my review of your letters and the file, I offer the following opinions. Easement Language Review The South Burlington Planning Commission's Findings of Fact & Decision, dated October 3, 1995, for the Germaine LeClair 3 lot subdivision application, provides in the Findings of Fact portion, at paragraph 13 on page 2: 13. Legal Documents: A condition of preliminary plat approval required that the legal documents for the easements be approved by the City Attorney. Staff recommended that since these are all private easements the City should leave it up to the applicant to make sure that the legal documents are in order and not require a review by the City Attorney. Having reviewed the file, it is my opinion that this paragraph 13 was included in the Findings of Fact, not with the intention that the City Attorney's approval be a condition of the decision, but in order to acknowledge and explain why a condition of the preliminary plat approval had not been fulfilled. It is my further opinion that this paragraph 13 is not an enforceable condition of the Findings of Fact & Decision and that approval of legal documents for easements by the City Attorney is not required. Sidewalk Construction The Decision and Conditions portion of the Findings of Fact & Decision provides at paragraph 3 on page 3: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburi.com ASS L(.,C ' . First American Title Insurance Company The relevant portion of the property description in the Quitclaim Deed recorded in Volume 612 at Pages 749-750 is as follows: "Being Lot #2 (two) as shown on a map entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road" prepared by Vermont Land Surveyors dated May 8, 1995 as amended 08/11/95 and 9/1/95 and received by the City of South Burlington September 5, 1995, which lot is known as 21 Arbor Road." The reference to a recorded survey or plat is a common method of describing property in Vermont. Although the beneficial easements across Lot #1 are not specifically mentioned in the description, there is long standing Vermont case law that addresses the Issue of whether a parcel described by reference to a recorded plat includes the benefit of appurtenant easements shown on the plan. The key case is Clearwater Realty v. Bouchard, 146 Vt. 359 (1985), which held: "Although a matter of first Impression in this jurisdiction, it Is a familiar principle of law that where lots are sold by reference to a recorded plat, lot purchasers acquire the right to keep open and use roads, streets, highways, and park areas as Indicated on the plat. Courts in some jurisdictions have held that lot purchasers only acquire an easement over streets or ways which touch their land or which are necessary for the use and enjoyment of their property. The majority position, however, and the one we now adopt, is that lot owners acquire rights In all roads, streets, parks, and other designated ways shown on the plat map unless a contrary intent Is affirmatively shown." (citations omitted) The facts in Clearwater were very similar to the facts here. The property conveyed was described by specific references to a recorded subdivision plat but did not set forth specific grant of a 25 foot wide easement leading to Lake Champlain which was shown on the recorded plat. The Vermont Supreme Court held that the lots were benefitted by the easement shown on the recorded plan. Further, there is nothing else in the Quitclaim Deed to the subject premises which indicates any affirmative intent not to include the beneficial easements. Given the conditions permits issued by the City of South Burlington approving this subdivision, the intent to include these beneficial easements can also be inferred, since the grantor would not want to purposely create a lot in violation of the subdivision approval. Based on the my understanding of the fact in this case and the Clearwater holding, and subject to the disclaimers set forth below, First American Title Insurance would be willing to insure title to Lot 2 such that includes the beneficial easements across Lot 1 as shown on The Plan. 32 Seymour Street, Suite 103, Williston, VT 05495 rei 802.764,3062, roLL FRee 800.639.2502. Fax 802.764.3080 https.Ila9ancy.myfirstam.com ` . First American Title Insurance Company August 26, 2014 Eugene J. Ward, III, Esquire Ward & Babb 3069 Williston Road South Burlington, Vermont 05403 Re: 3 Lot Subdivision, Arbor Road, South Burlington (Map Slide 285) Dear Chip, I have received your emails of July 30, 2014 and I have reviewed the various attachments involving property located between Arbor Road and Patchen Road in South Burlington, Vermont. The subject premises are shown on a plan entitled "Final Plat Three Lot Subdivision for GERMAINE LECLAIR, #185 Patchen Road, So. Burlington, Vermont", prepared by Vermont Land Surveyors, dated May 8, 1995:8/11/95, and bearing project number 9520, hereinafter, "The Plan". I understand you are enquiring as to the title to Lot 2, as shown on The Plan, in particular, whether Lot 2 has the benefit of a 20 foot right of way running from Arbor Road across the northerly part of Lot #1 to northwesterly corner of Lot #2, and water and sewer easements shown on The Plan. I understand the relevant deeds and documents in the chain of title to Lot #2 include the following: 1. The recording of The Plan on September 5, 1995 as Map Slide 285. 2. A quitclaim Deed with reserved life estate from Germaine M. LeClair to Claudette C. Swett and Lorraine M. O'Brien, dated April 8, 2003 and recorded May 28, 2603 in Volume 612, Page 749-750 of the City of South Burlington Land Records. 3. A death certificate for Germaine Marie LeClair, evidencing the termination of the reserved life estate in the Quitclaim deed recited in the preceding paragraph. 32 Seymour Street, Suite 103, Williston, VT 05495 ret 802.764.3062, TOLL FREE 800.639.2502, FAX 802.764.3080 h ttps://agency.myfirs tam.com 4�4 , EXISTING ORA kEZ ORI kF 309.4' — -- O J HOUSE � ,00Y 185 309.2' X HEN ROAD '014Y SCHOOL 9NT INC. PAGE 15J ►' A.*' H0A6 66.0 ft. R. 0N! 9p pO . SE*ER MANHOLE f?IM EL EVA LION = JO; 89 P#CS ChW R AVALr G. A4U"W KYUME /16 PALE -W PROWO-VV 10 FT RIOVT Ar WAY © S &i:iFS6"E -9500 - �)— ,iPQ°QYD 9700, /KrAr ! 1/7' a/ IPA 7ER w — -Tv x r� - 300.9' I x 309 3' w b JO I LOT / P o LOA'WA o I 4iL A rFT. x 9, 50f SO C 309.5 . g 9, SAS SO Fr S ,r,IS PLWTl6W Ar 7NE BUILDING 70 RE fil WOWV PER ARRANQrMENr WI7N 71,E PLANNING A. WINIS7RATA4 h fJ56/' v 1fJ 61' EX/S„NC OPA�f1 LlP/�£ 309. 4'— �_ LOT / 9 AWA 1 b O Sr AGE 24569 SO FT .6i- 6A p I HLY/SL' � 6 � x -� 2n Fr �Nex r 3i o. S f�mnsv V EA.9:MENr 6•_" 1�00• 2fo. 5f' EXIS,7NQ R/A/�.KStO ° UKY7P0P�61U / 9 A�t R�B�6W RaW O — (/FRIr/ES FAL" & RMV CAM11• / ]T PI n'•F/E4 P/14P HX4WF JM PA6F92 LLcn star OVIOPUMAtYMAP710L / !! ARY1pP ROAD Or YL'RJIONT GYL' / 15 ARBLW ROAD TRYAN A• MrA7 6!)ZAM ' KY UMF J40 PAGE" !SJ ATM & PAAMU DUTIFUL ka11ME J59 PAGE 102 PIX UME J58 PAGE 207 / 17 ARBAP ROAD sNa®I #Vol F ASSYJCVTION ATM..! MWAL6'R MXUME J6J PAG2r fY5 REFER 70 7NE FCUOWINC PLANS A. "PLAN Or LAND Cr-U. B EC :NEA -VA IED APRIL 1944 Sr A.W NOAC RELOAD IN KXUA/E /,-, PA,Y 11/ LE��ND 9 PLAN Ar SUMMER iOVWS OA)W 10/t'b/199J SY "MS & LANSINC CAVSZ/L rINC • ENGINEERS INC RELM D IN 1fA7 80LW 286 PAL,Z• 107. IRAY PIPE FCUNO 0 2 PRO Ef)?7Y WAS ACWIRED BY a i VAIAE L MAIR IN kaUME J57 PAGE 4185 0811994 IRAY PIPE m BE .SET TOTAL AREA MIALS / aO AOQS C6WOPE7E MLWUMENT FLYIND o PONER PIXF ti, J PRO ERTY OLDS NOT EXCEED 7)00 'ZEr DIIrERENCE IN ELEVATILW, 7NEREF6IPE SPOT S7ULA'AOE FENCE — ° — ° -- M'VATILWS ARE .9VONN INS7EAO Or COMaIRS TNEE ,SE79AOr LINE SPOT IZEVATILW x 310.0 I aRMFY 7WIS PLAN IS RASED 010V RMOW RE.SEARO/, A TOTAL STA,742Y IRZO SURREY, EXISTINC FIEZD 'kl&'NLLr SURIEI'S AS NO7F0, AND 'NFAPWAI7,W PROVIDED BY SC.4l.B I INCH = 90 FEAT GERALO LEaAIR • O JO 50 90 120 150 �Mp gp UA 1 w SEMER .VANNLCE RIM fZEVA770W = J0789' 0 fLYAL PLAIT TIAMT LOT S&2DII=V V rp��� T�rI'm r �/ � �p CL'ilL/`tlflll3 LA L�llflL /195 AA7OVEN ROAO SO. 9UAMV70W, DER,WLWT FMW. NT LkW SURPEYVA Y I050 MU rSIZW RaW SYZ BUfUNOIM WAWOVr a5,W fwAEcr 9510 CITY OF SOUTH BURLINGTON PERMIT NO y�..C/'� 1st. Copy CODE OFFICER APPLICATION FOR ZONING PERMIT 2nd. Copy CITY ENGINEER Zone.g.q .... 3rd. Copy CITY ASSESSOR q 4th Copy APPLICANT Date .................<zzo .............. 19 .. C . The undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted if required by Building Inspector.) All construction to be completed In accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and con- form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now in effect. CONSTRUCTION STREET 0 NUMBER OCCUPANCY FLOORS Single Family I x B 11 12 13 LOT SIZE: Frontage 97 Depth Ids Lot No. Two Family Cement OWNER('E YH.9 �E rn �IEC�aiR BUILDER Anartment No. Fam. Earth Offices Pine Hardwood Tile Res. Garage Attic FI. & Strs. No. Cars Dert.0 Att, Height Gas Station INTERIOR FINISH Additions -Alterations I B 1 2 13 FOUNDATION Pine Concrete Hardwood Concrete Block Shestrock Brick or Stone Unfinished Piers Paneling Cellar Area Full Y. % Recreat. Room No Cellar 1 Finished Attic EXTERIOR WAILS Clapboards HEATING Wide Siding Pipeless Furnace Drop Siding Hot Air Furnace No Sheathing Forced Air Furn. Wood Shingles Steam 4sbes. Shingles Hot Wat. or Vapor Yucco on Frame No Heating Stucco on Tile Electric Brick Veneer Gas Burner Brick on Tile Oil Burner Solid Brick Solar Panels Stone Veneer PLUMBING Conc. or Cind. BI. Bathroom Toilet Room Terra Cotts Water Closet Vitrolite Kitchen Sink Plate Glass Std. Wat. Heat Insulation Auto. Wat. Heat Weatherstrip Elect. Wat. Syst. Laundry Tubs ROOFING Asph. Shingles No Plumbing Wood Shingles TILING Asbes. Shingles Bath FI. & Wcot. Slate Toilet FI. & Wcot. Tile LIGHTING Metal Electric Composition No Lighting Roll Roofing NO. OF ROOMS Bsmt. ! 2nd. 1st. 3rd. WATER SUPPLY: Public K Private ❑ SEWAGE DISPOSAL: Public 0 Septic Tank ❑ Permit 0 ROAD OPENING: (Show layout) Permit * ELEC. WIRING: Underground ;R Overhead ❑ Permit * Plot to scale Lot and Building Improvements, showing width of Front, Side and Rear yards. Mark N at Compass point Indicating North. PROPERTY LINE Remarks ❑ Demolition ❑ Utilities closed ❑ It ,// 9(� Za S it Estimated Cost (�; O, 00 FEE COMPUTATION $ — Plans received Yes ❑ No ❑ SIGNATURE of OWNER or BUILDER DRESS ofCAYNERR _ APPLICATION: REJECTED ❑ APPROVED 6�xlti/�IldE '/ e c L/ � SIGNATURE OF CODE OFFICER ISSUED TO � Date &_ ' 19 _ftr PERMIT VALID FOR SIX MONTHS PERMIT SUBJECT TO APPEAL WITHIN 15 DAYS FROM DATE ISSUED Vl/L U/Y/L /zd r'/l vc �yc ?.5'ED 20 FT OF 141A i' 95.00 ' — 12 - OF'II�Ev✓�4 Y X 'JJ 308.9' Af�EA 9, 506 SQ. FT. O S 93 `34 56 " E 97.00 ' IOROPOSEO CU 11r4 ,7Z-R X 309.3' :A T , 2 N - .REA O o `� / x 3 9.5' f {Oc7SG FT SEV'`�F� X 310.0 P,QOPOSED S 6 " SEI�EfR U/t1,0,PRO1I?OU/vO UTILITIES • 309.7 { X v 100.00 ' • /V 9J:35, 30 " /✓ DECK DECK �/OL UME .35.3 PAGE 92 f O/10M v 10 FT:. RJ6Wr Or WAY © , 904 Otto?,gin 04 ,� G>=(7•�A.�-n l�C�w.Lt? twD.=rGFts.=/� RAAVALL G. WAWN WXUME 116 PALL J96 J 7/?" C0 WAJ£R p 3 30.3' 1 g yN— - g A oe X 9 FT. 10 f- ?0 l73f11f7P SEA.R'.VLN1 S 6"J£N N BJJ U5AOF0NXThD � ❑-- um/nes ,—Q OELW /15.4h"RYAO A M e! PAWL( OtVRM PaUME J66 PAQ.r 1!7 / 17 ARBOP ROAD HBLCA 07MALAR HX 09C J6J PA6r !JS 7IIIS P0977LW 0r thr bVIZOINC 10 OF REMO{4-O 100..00' M _ 10" W IJS S! / 9 ARBO4 ROAD J11ld✓AAf R A/ARRJN CRLAN HXUME JSJ PA6£ 91 / /1 AN" ROAO BRYAN A' MAI 6?jZ A' IRUA/E J 9 PACE 10,' SC/ WR' NVOLM ASSYlCMMA)" h ROW EA75'AN6 CWAWZ LWIW (BTI ARER 9 1Ifs69 Sty Fr. t $ 309 2' 1lO5I' X / 17J PA7L71EN ROAD 3 ffm OlJARI.AM DAY SLNOOL OF 4ARAIVAT jW. n PaUAIE JO PA6E 1SJ 1 ROTR 10 INE FMOW9NC BANS A. 'PLAN Or LAND Or ,A[. & E. C. SYEA ' OAkD .FPRIL 194f! BY AW NOAG RECt;WOEO IN KXUME J1-/ PA6r 1I/. LAND O. PLAN Ar S7/AIMZW #VWS O.I)L7I 1O1PO1199J BY AWMS of LANSOVC aW5N nNC - - LWClNIMS IMC RfrMM0 !N PLAT BGIW 1B6 RAa' 107. IROV PIPE rOUNO O 1 P?W"rY WAS ACMIREO BY a9WAINE LMAIR AN HXLA C JI57 PAbr eM 1/IB/19941 lR6W PIPE m OE SE/ MMI AREA EWALS 1.09 AQPES O?VOPEIF A/OW&Mr FIXlNO MOM pall.o, J PYPO�L'RTY OLk3 NOT EA'L><FD 71X1 FET7OIfFfRE71'CE IN LZEYAITOY, If1ERLT04E .A -Or SMCW..4a' /Mr —s—, — RTVA770VS ARE .AYOAN INSIFAO 0' LYAVIOURS. 7RZ r © 4 OIERALL COYERACEO''B!1/(O/NGS, m1w AM7 PARA7NC OV LOT /J 2'47..ILA' LL.L _ S160 SO Fr. = J7%- GREENAREA. 6JX. ,ROOT R,'VArILW X 310.0 _ l aWfIFY MS PLAN IS BASFO UPOV AMWO RESI'ARIPY A 70TAL SrAJ70V FIELD SWWY, EXlSIINO FlLZO e-MAXY; 3VRl£)'S AS NOIEO, AND INFGWMA rIOV PROWMV BY SCALE' I AVII — x FBA'7' 6LRAC0 LELYA07Y �uU,0,C- -77 O JO 60 90 /10 ISO SEP p 5 1995 City of So. Burlington SrA£R MANNIXE RIV LZEYA7l0V = J076'Y' AWVAL PLAT 7F/JPAT LOT SULDINSlON /LW GERdl.41NA' MCL41R /185 PAMVZW ROAO SO BURLlN67T6W fffMOVT DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Germaine LeClair for subdivision of 43,579 square feet of land with a single --family home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,056 square feet, 185 Patchen Road, as depicted on the plat entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road So. Burlington, Vermont", prepared by Vermont Land Surveyors, dated May 8, 1995, last revised September 1, 1995, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The Planning Commission approves a total sewer allocation of 900 gpd. The per gallon fee shall be paid prior to issuance of a zoning permit on a per bedroom basis. 3. The applicant shall construct a sidewalk along the property's frontage in a location approved by the City Engineer prior to occupancy of a unit on either lot #1 or 2. Prior to issuance of a zoning permit for either lot #1 or 2, the applicant shall post a bond in an amount approved by the City Engineer. 4. The existing accessory structure on lot #3 shall be reduced in size, as shown on the approved plat, in order to comply with setback requirements. In addition, a portion of the driveway shall be removed and replaced with lawn, as shown on the approved plat, in order to comply with coverage requirements. The portions of the structure and driveway which are to be removed shall be so removed and the affected areas replaced with lawn within one (1) year from the date of final plat approval or prior to occupancy of a dwelling constructed on lot #2, whichever comes first. 5. The depressed curb on Arbor Road serving as an entrance to lots #1 and 2 shall be extended across the entire frontage of lot #1 prior to occupancy of a dwelling on lot #1 or 2. 6. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chairman or Clerk prior to recording. Z yt 4�. Chairma South Burlington Planning Commission ate 9 7. The existing accessory structure on lot #3 will eventually meet the 30 foot rear setback requirement from the new property line between lots #2 and 3. For a short period of time it will not meet the requirement. The applicant proposes to remove a portion of the structure but not until the house on lot #2 is under construction. He wishes to use the roof trusses from the portion of the accessory structure being removed to use on the house on lot #2. This would save the expense of having a crane on the property more than once. 8. Staff reviewed this issue with the City Attorney. His recommendation was that a condition be placed on the approval requiring the removal of the westerly portion of the accessory structure on lot #3 within one (1) year from date of approval or prior to occupancy of a dwelling constructed on lot #2, which ever comes first. 9. Building coverage proposed for lot #3 is 20% (maximum allowed is 20%). Overall coverage proposed is 38% (maximum allowed is 40%). 10. The portion of the accessory structure and driveway shown on the plat to be eliminated shall be so eliminated and seeded prior to recording the final plat plan (preliminary condition #6). 11. Sidewalk: The plan shows a sidewalk along the property's frontage extending part way across the property's frontage. The fire hydrant must be relocated before the sidewalk can continue the rest of the way. The remainder of the sidewalk should be constructed prior to issuance of a zoning permit for lots #1 and 2. Prior to construction of the sidewalk, the applicant shall post a bond in an amount approved by the City Planner (preliminary condition #4). 12. Sewer: The sewer allocation requested is 900 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance (preliminary condition #2). 13. Legal documents: A condition of preliminary plat approval required that the legal documents for the easements be approved by the City Attorney. Staff recommended that since these are all private easements the City should leave it up to the applicant to make sure that the legal documents are in order and not require a review by the City Attorney. 14. Impact fees: The applicant was made aware that development of lots #1 and #2 will be subject to school, road and recreation impact fees. 2 WARD & BABB ATTORNEYS -AT -LAW A Trade Name for a Professional Corporation EUGENE J. WARD, III GUY L. BABB WILLIAM B. TOWLE CYNTHIA R. AMRHEIN (VT, NY) MICHAEL W. DUNN (VT, MA) REGISTERED LAW CLERKS: HETHBA FATNASSI CATHERINE M. COLT Sender's E-mail: warde@wardandbabb.com August 20, 2014 Via Hand Delivery to Raymond Belair, Administrative Officer South Burlington Planning and Zoning 575 Dorset Street South Burlington, VT 05403 RE: Lot 2,21 Arbor Road, South Burlington, Vermont Dear Ray: CLOSING COORDINATOR: DEBRA DENNY LEGAL ASSISTANTS: TIFFANY R. PF,ZZIMENTI ELAINE M. SARKISIAN PARALEGAL: JO RICHER I represent Claudette Swett and Lorraine O'Brien, the owners of Lot 2 of the Germaine Leclair subdivision at 21 Arbor Road, South Burlington, Vermont. There is a permitted house there which was occupied by Mrs. Germaine M. Leclair who died a year ago. The house was built by Gerald Leclair in 1995 and a City zoning permit was issued. There are a couple of conditions in the original subdivision approval that remain open. Easement Language Review In the original 3 lot subdivision approval, against the recommendation of staff, City counsel was to review and approve the Lot 2 easement language over Lot 1 to Arbor Road. I hereby enclose: (a) A copy of the easement language contained in the original Lot 2 out conveyance from Germaine Leclair to my clients. The approved map is referenced therein. I have highlighted the Vermont Land Surveyors map reference. (b) A reduced copy of the Vermont Land Surveyors 3 lot subdivision for your convenience. You will note the Lot 2 access easement is shown over the north portion of Lott and the Lot 2 utility easement is shown over the south portion of Lot 1. (c) A letter from Hal Miller, in-house counsel for First American Land Title, indicating the reference to the map of record showing the easements creates legal easements and as such First American would be willing to insure them. 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 4- Telephone (802) 863-0307 4 Facsimile (802) 863-4587 IRS Circular 230 Disclaimer: In order to ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. Page 1 Kindly present the deed, the map, and Hal Miller's letter to City counsel. Counsel should find the easement acceptable as written in the deed in accordance with Hal Miller's letter. My clients do not have the cooperation of all the Lot 1 owners to do anything different and the current easement reference is legal and insurable. Never has there been a claim advanced by a neighbor that this easement does not exist or is not legal. City counsel's review should fulfill condition #13 of the October 3, 1995 subdivision approval. Sidewalk Construction Arbor Road The original subdivision approval required the City to ensure the sidewalk was completed before Lot 1 and Lot 2 were occupied. This did not happen twenty years ago when Lot 2 builder Gerald Leclair failed to meet the condition and Germaine Leclair was granted a building permit to build on Lot 2. Currently the home on Lot 2 is nearly 20 years old and is unmarketable due to the two conditions addressed herein. My clients were not involved with the development twenty years ago and are prejudiced by the City's failure to enforce its subdivision approval back then. As a practical matter, I understand there are no sidewalks on that side of Arbor Road and it may not make sense to put in a sidewalk to nowhere. On behalf of the owners of Lot 2 only, and not on behalf of the owners of Lot 1, I request the City waive the sidewalk construction requirement. It may also be a benefit to Lot I to have the condition released, however there is no cooperation between all the owners and in fact, one of the five Lot 1 owners has demanded personal benefits to gain his cooperation to seek this release of condition to execute a Lot I request. As a practical matter, the Lot I owners could always re- petition the City to build a sidewalk in the unlikely event they desired a sidewalk there when a home is built on Lot 1. I make this request on behalf of Lot 2 only, to clear the condition of subdivision approval to make the Lot 2 residence title marketable. Clearing this hatter up for the benefit of Mrs. Swett and Mrs. O'Brien based on the history is the right thing for the City to do. Kindly let me know if this can be handled by administrative amendment in light of the near twenty years of inaction. Sincerely, / //OV Eugene J. Ward, III, Esq. EJ W/hf Encs. FI:\S"MODIVIALa We Ee Sw(ON I4ltil9 LettaAx% 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 Telephone (802) 863-0307 O� Facsimile (802) 863-4587 Page 2 S' 114 �' FirstAmerican -40TTitle Insurance Company August 26, 2014 Eugene J. Ward, III, Esquire Ward & Babb 3069 Williston Road South Burlington, Vermont 05403 Re: 3 Lot Subdivision, Arbor Road, South Burlington (Map Slide 285) Dear Chip, I have received your emails of July 30, 2014 and I have reviewed the various attachments involving property located between Arbor Road and Patchen Road in South Burlington, Vermont. The subject premises are shown on a plan entitled "Final Plat Three Lot Subdivision for GERMAINE LECLAIR, 4185 Patchen Road, So. Burlington, Vermont", prepared by Vermont Land Surveyors, dated May 8, 1995:8/11/95, and bearing project number 9520, hereinafter, "The Plan". I understand you are enquiring as to the title to Lot 2, as shown on The Plan, in particular, whether Lot 2 has the benefit of a 20 foot right of way running from Arbor Road across the northerly part of Lot #1 to northwesterly corner of Lot #2, and water and sewer easements shown on The Plan. I understand the relevant deeds and documents in the chain of title to Lot #2 include the following: 1. The recording of The Plan on September 5, 1995 as Map Slide 285. 2. A Quitclaim Deed with reserved life estate from Germaine M. LeClair to Claudette C. Swett and Lorraine M. O'Brien, dated April 8, 2003 and recorded May 28, 2603 in Volume 612, Page 749-750 of the City of South Burlington Land Records. 3. A death certificate for Germaine Marie LeClair, evidencing the termination of the reserved life estate in the Quitclaim deed recited in the preceding paragraph. 32 Seymour Street, Suite 103, Williston, VT 05495 ret 802.764.3062. TOLL FREE 800.639.2502, FAX 802.764.3080 https://agency.myfirstam.com First American Title Insurance Company The relevant portion of the property description in the Quitclaim Deed recorded in Volume 612 at Pages 749-750 is as follows: "Being Lot 02 (two) as shown on a map entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road" prepared by Vermont Land Surveyors dated May 8,1995 as amended 08/11/95 and 9/1/95 and received by the City of South Burlington September 5, 1995, which lot Is known as 21 Arbor Road." The reference to a recorded survey or plat is a common method of describing property in Vermont. Although the beneficial easements across Lot tit are not specifically mentioned in the description, there is long standing Vermont case law that addresses the Issue of whether a parcel described by reference to a recorded plat Includes the benefit of appurtenant easements shown on the plan. The key case Is Clearwater Realty v. Bouchard, 146 Vt. 359 (1985), which held: "Although a matter of first impression in this jurisdiction, it is a familiar principle of law that where lots are sold by reference to a recorded plat, lot purchasers acquire the right to keep open and use roads, streets, highways, and park areas as indicated on the plat. Courts In some jurisdictions have held that lot purchasers only acquire an easement over streets or ways which touch their land or which are necessary for the use and enjoyment of their property. The majority position, however, and the one we now adopt, is that lot owners acquire rights In all roads, streets, parks, and other designated ways shown on the plat map unless a contrary intent Is affirmatively shown." (citations omitted) The facts in Clearwater were very similar to the facts here. The property conveyed was described by specific references to a recorded subdivision plat but did not set forth specific grant of a 25 foot wide easement leading to Lake Champlain which was shown on the recorded plat. The Vermont Supreme Court held that the lots were benefitted by the easement shown on the recorded plan. Further, there is nothing else In the Quitclaim Deed to the subject premises which indicates any affirmative intent not to include the beneficial easements. Given the conditions permits Issued by the City of South Burlington approving this subdivision, the intent to include these beneficial easements can also be inferred, since the grantor would not want to purposely create a lot in violation of the subdivision approval. Based on the my understanding of the fact in this case and the Clearwater holding, and subject to the disclaimers set forth below, First American Title Insurance would be willing to insure title to Lot 2 such that includes the beneficial easements across Lot 1 as shown on The Plan. 32 Seymour Street, Suite 103, Williston, VT 05495 TEL 802.764,3062. TOLL FREE 800,639.2502. FAX 802.764.3080 https.11agency.myfirstam.com First American Title Insurance Company 1. 1 understand you have not conducted a complete 40-year title search of the subject premises and the willingness of the Company to insure the subject premises is contingent upon such a title examination disclosing nothing to the contrary relevant to the facts creating the beneficial easements across Lot 1. The existence of pending or threatened claim regarding the validity of said beneficial easements. Please feel free to contact me if you have any further questions. Very trulrs, i yy Harland L. Miller, III Vermont State Counsel /him 32 Seymour Street, Suite 103, Williston, VT 05495 Tee 802.764.3062 r TOLL FREE 800.639.2502. FA 802.764.3080 https://agency.myfirstam.com CITY CLE- RIVS OFFICE Received dAA��20&5at L'Do', V TI,Xq -AM 3 L qe QUITCLAIM DEED Recorded in Vol. Yal.2�— on p,3g 6 with reserved life estate Of So. Burlington Land Records 7�, :50 Attest', 0,-Da �N� Kinville, 01Y OUR KNOW ALL PEOPLE BY THESE PRESENTS, that 1, GERM -41, LECLAIR also known as GERMAINE LECLAIR, of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR, in the consideration of one and 00/100 ($1.00) dollar and other good and valuable consideration paid to my full satisfaction by CLAUDETTE C. SWETT of Danville, Vermont and LORRAINE M. O'BRIEN of Dallas, Texas, GRANTEES, do hereby REMISE RELEASE, AND FOREVER QUITCLAIM unto the said CLAUDETTE C. SWETT and LORRAIATE M. O'BRIEN, as terants-in-cornmon and their heirs, successors or assigns, all right and title which I or my heirs have in, and to a certain piece of land in South Burlington in the County of Chittenden, state of Vermont, described as follows, viz: Being Lot #2 (two) as shown on a map entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road" prepared by Vermont Land Surveyors dated May 8,1995 as amended 08/11/95 and 9/1/95 and received by the City of South Burlington September 5,1995, which lot is known as 21 Arbor Road. Being a portion of the land and premises conveyed to Germaine LeClair by Warranty Deed of Robert Harton dated January 13,1994 and recorded in Book 357 Pages 485-486 of the City of South Burlington Land Records. Said property is subject to easements from Germaine LeClair to Vermont Gas Systems, Inc dated September 23,1996 and recorded in Book 398 Pages 709-710 of the City of South Burlington Land Records, and from Germaine LeClair to Green Mountain Power Corporation, a Vermont Corporation and NYNEX, dated November 17, 1997 and recorded in Book 420 Page 720 of the City of South Burlington Land Records. The Grantor reserves for herself a life estate in said premises, and also reserves for herself for the duration of her natural life the power by her sole instrument to sell, convey, mortgage or encumber the premises or any part thereof the same as if she held the estate in fee simple, meaning hereby to convey an estate to the Grantees subject to defeasance during the lifetime of the Grantor. Said power to sell, convey, mortgage or' encumber is reserved by the Grantor personally, and shall be of no force and effect if executed by any other person as agent for the Grantor. LAW OFFICE orWILLIAm E. DRISLANE, 74 MAIN STREET, BURLINGTON, VT 05401 (802)860-7266 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Germaine LeClair for subdivision of a 43,579 square feet parcel of land with a single fmaily home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,506 square feet, 185 Patchen Road. On the 12th day of September, 1995, the South Burlington Planning Commission approved the request of Germaine LeClair for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of the subdivision of a 43,579 square foot lot with a single family dwelling into three (3) lots of 9506 square feet (lot #1), 9504 square feet (lot #2) and 24,569 square feet (lot #3). Lot #3 is developed with a single family dwelling and a large accessory structure. The preliminary plat was approved on June 13, 1995. 2. This property located at 185 Patchen Road lies within the R4 District. It is bounded on the south by a day care center with an apartment and the Summer Woods residential development, on the west by Summer Woods, on the north by undeveloped property and on the east by Patchen Road. 3. Access: Access to the single family dwelling on lot #3 is provided by a 20 foot curb cut on Patchen Road. Access to lot #1 is provided by a 12 foot curb cut on Arbor Road. Access to lot #2 is provided by a 20 foot right-of-way across lot #1 to Arbor Road. The cul-de-sac streets serving Summer Woods currently provide access to 43 dwelling units and a day care facility. Allowing access from this development to these streets will not exceed the 50 unit limit required under Section 401.1(7) of the subdivision regulations. 4. Lot size/frontage: 11 three (3) lots meet the minimum lot ,size requirement of 9500'square feet. 5. Lot #1 will meet the 80 foot frontage requirement on Arbor Road. Lot #3 meets the 100 foot frontage requirement along Patchen Road. Lot #2 will not have frontage on a public street and will be served by a 20 foot r.o.w. 6. Setbacks/coverage: The existing dwelling on lot #3 does not meet the 50 foot front setback requirement. This is an existing situation which is not being made worse by this application. 1 Said conveyance is subject to the encumbrance of outstanding permit and subdivision matters. Reference is hereby made to the aforementioned instruments and to the references contained therein in further aid of this description. TO HAVE AND TO HOLD all right and title in and to said quitclaimed premises, with the appurtenances thereof, to the said CLAUDETTE C. SWETT and LORRAINE M. O'BRIEN, as tenants -in -common and their heirs, successors or assigns forever, AND FURTHERMORE, I, the said GERMAINE M. LECLAIR do for myself and my heirs, executors, and administrators, covenant with the said CLAUDETTE C. SWETT and LORRAINE M. O'BRIEN, and their heirs, successors or assigns, that from and after the ensealing of these presents I, GERMAINE M. LECLAIR, will have and claim no right, in, or to the said quit- claimed premises except as stated above. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of _ , 2003. In the Presence of O'Lu-ZLI", �& a,Fz t Witness 4ud y Bryant State of Vermont ) Counhj of ( 177Z ) ss. -70 GERMAINE M. LECLAIR �v�v� 1 h At 4 this day of /� �� , 2003 GERMAINE M. LECLA personally appeared, and she acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. Before me ZAYV4,-�A- Notary Public My commission expires:-2// 07 2 r raved by resolution 01 the Planning CommissW,Gi G;iy of South Burlington, Vermont on the Day of,, lgq� , subject to the require ;ants of said coed t ons o� said resolution. Signed "I" k/ day of _ � � , 19 � , by . Mairman or '5111, THIS PORTION OF THE BUILDING TO M REMO 1/ED. 4.54' J `EL ELIMINATE THNIS POW LION 24 j 61 ' EXISTINO 0 ILL ORII�£ _ 309.4' LOT 13 ' AREA 24, 569 50 FT. I J , 185 309.1' 240.54' 4,j5. 54 ' EEEN 17J PA TCHEN ROAD 2 THE O VrERLAXE A4 Y SCHOOL OF Vx"ONT INC. EF VOL UME J40 PANE 15J 66 0 ft. 1 0p0 . VOL UME J40 PAGE 15J 2A TED APRIL 1944 BY A. W fHOAG /199.3 BY KREBS & LANSING CONSUL TING qK 286 PAGE 107 AIR IN OOL UME J57 PAGE 485, 1111811,994 rRENCE IN ELEVA TIDN, Th'ER'CFORE SPOT %RS. VD PARKING ON L OT / J = 9.300 50 FT. _ J9X (INC & ORI kf - = 4J50 50 FT = 18X D UPON RECORD RESEARCH, FY, EXISTING FIELD EVIDENCE, RM,4 /ION PRO liIDEO . BY of w go V. WARD No..o. ��� �°,�4 NO SUO / 'CITY i`Ltn)C;3 OppICE -19._I:S a# � 4.�Irded in Vol. e. Burlington Land Recur A,test: • met A.,picacA, � Ckrk SEAR MANHOLE RIM ELEVA TION = 30789' FMAL PL,4T TAW" LOT SUMIM/0)v FGW WAI 4 X1, m 1195 PA TCHEN ,gOAO SO. BURLINC rON,, kfWON r 4050 WILLIS76- W ROAD SO. BURLINGTQN, 6fRM6W7_ 0540,E 802-862 5691 OA TF MAY 8, 1995 . 08/111195 9/1/95 SUR Ilf-YEO M w B. H - - - - — — -- PRO✓ECT ORA AW BRADFORO HOLDEN 9520 CHECKED MARE( V WARD V a' R. O. N! W — k `° v V ® I� EXISTING J 1\ INt= JOZ 0' PFi'OPO5E0 20 FT RIG1/T OF WA Y O (o 30' M --- 95.00 '- ORfPEW Y W X W - 308.9' LOT ,' 1 eRFe 9, 506 50. FT I- - - +- - 20 FT SZ7W R X 310.0 S EASZ7V - 7- S 95.00 ' o UNDEROPOUNO p UTILITIES III RANDAIL 6! AIUNSON VOL UV,-` 126 PAGE J96 97.00' PRG�OSED 1 1/2 " CL/ WA TER X l309.3' LOT AREA x 9, 504 SQ. FT. 309.5' 309.7' X PROPOSED 6 ' SEN£R 100.00 ' N 8J:15:j0 " W DECK DECK 15 ARBOR ROAD & P"AU DUBRUL klOL UME 368 PAGE 247 ,�Ov 77 AR,60R ROAD HLLGA #HEEI.ER VOL UME J6J PAGE 4J5 LE'GzND IRON PIPE FOUND 0 - - r., n� C'�T T II THIS PORTION OF THE BUILDING OBE REMOliEO. 4J5. 61 ' ELIMINATE THIS P6W71- 6W OF THE DRIW WA Y — �o r� ,O � o v � I v STORAGE - BARN 4J5. 55f, IEXISTING ORA kf-Z DRIP£ 309.4' LOT 13 AREA I 24 569 SO. FT. ' OI J l 1 1/OUSE � 309.1 ' 309.2' 240.54 ' � � X X 9 ARBOR ROAD �/7,(JJ � & AURIOW O R.FEN , ` 17j PA TCHEN ROAD 3 VOL UME J5J PAGE 92 THE' O TERL4A DAY SCHOOL M # 11 ARBOR ,GOAD OF VE"ONT INC. ) FY" & YICX7 GIL AffL' VOL UME J40 PAGE 153 c liOL (/ME J58 PAGE 102 U SUMMER #VODS .ASSOCIATION BOUNDARY NOTES'' 1. REFER TO THE FOL L OWING PL ANS . A. " PLAN OF LAND OF d L. & E. C. 5//EA " DA TED APRIL 1944 BY A. W 1/OA6 RECORDED IN k1 UME 11-1 PAGE 211. B. PLAN OF SUMME/I? W0005 DA TED 10/20/199J L9 1(REB5 & L ANSING CONSUL TING ENGINEERS INC. RECORDED IN PLAT BOOK 286 PAGE 107. 2. PROPERTY WA ACQUIRED BY GERVAINE L ECL AIR IN k1OL UV,--- J57 PAGE 495, 1118/1994 TOTAL AREA EOUAL 5 1.00 ACRES. ,j PROPERTY DOES NOT EXCEED TWO FEET DIFFERENCE IN EL EliA TION, THEREFORE SPOT --^• w OC- CL./1)L"/ rA/C'7T-An 1-l)A/T/7//l?C `961p0 . SE F�1 To whom it may concern: RE: Subdivision of Germaine Leclair 185 Patchen Road, Final Approval October 3, 1995 The City of South Burlington will not enforce the lack of a sidewalk required by Condition 3 or the depressed curb required by Condition 5 of this Subdivision Permit against Lot 2 of the subdivision, as the sidewalk and curb is be constructed on the Arbor Road right of way adjacent to Lot 1. �O f Dated: March 2014 Raymond Belair, Administrative Officer, Planning and Zoning Department, City of South Burlington, Vermont ,# � VERMONT State of Vermont Agency of Natural Resources Department of Environmental Conservation [phone] 8o2-879-5656 Drinldng Water and Groundwater Protection Division [fax] 802-879-3871 Essex Regional Office iii West Street Essex Junction, VT 05452-4695 www.septie.vt.gov February 19, 2014 Jeffrey J. Wicks, Esq. Wick & Maddocks 308 College Street Burlington, VT 05401 Dear Jeff: Subject: Request for an exemption determination under the Wastewater System and Potable Water Supply Rules, Effective September 29, 2007, Section 1-304(a)(i) for a two bedroom single family residence on Lot 2 owned by Claudette C. Swett and Lorraine M. O'Brien, located at 21 Arbor Road in South Burlington, Vermont. The Drinking Water and Groundwater Protection Division concluded based on the submitted information that the above referenced property qualifies as an exempt project under Section 1-304(a)(1) and no permit is required from this office. We relied entirely on the information submitted to us in issuing this opinion and the landowners are responsible for its accuracy. This letter will not prevent the Agency from taking appropriate enforcement actions should it be determined in the future that the facts were not as stated. There shall be no change in use, expansion, modification or replacement of the water supply and/or wastewater disposal systems serving this project without prior review and approval by the Drinking Water and Groundwater Protection Division. Although not required, it is recommended that this Exemption Certification be recorded in the City of South Burlington Land Records. FOR THE DRINKING WATER AND GROUNDWATER PROTECTION DIVISION Dolores M. Eckert Assistant Regional Engineer cc: South Burlington Planning Commission-/ Regional Offices - Barre/EssexJct./Rutland/Springf-teld/St. JohnsburU TOWN OF SOUTH BURLINGTON No.... .. i5 PERMIT )I Permission is hereby granted to . .......................... .. . .... ......... ........ ... ........ .................... G' . ....... f to perform the work described as follows, on the street known as ............. ar.t34]., ..... ezac'J ... ........................................................... in the Town of South Burlington. A more specific location of this work being ........................................... ..... ..... ... ..... .. .. ..... ... .. . This permit is issued with the following directions, restrictions and conditions, and covers only the work described hereinafter, and then only when the work described is performed as directed. Description of the work to be performed .............................................................................................................. ........................................................................................................................................................................................................................................................................................................... 1 ..... . . . ................ Directions for performing such work CC� rCX�d ... E.5 -L .................... ...........a2........... . . ........................................................................................................................................ . ................................................................................................................ This permit shall be void unless the work herein contemplated shall have been completed before ................................. ..............taG, 16k..5 .......... 4,11-11,713.( .. .......................................................................................... . .. . ..................................... . . ....... . ..... . ......... . .......... . ......................... The undersigned, in consideration of the issuing of this permit, having duly read all of the contents herein, expressly agrees to the above directions and to the restrictions and condit' ns printed on the reverse side of this sheet. Signed . . ....... . . .. ............... . ......... .......... .. .... ... ........ Permit Holder Witness: ................................................................................. ............................................................. Address ................................................................. ............................................................. . -, ('111) r i0c CG Town Manger A-1 k I T-1. r '.X., '.- -�..X!C ................. By Dated at..(!, . �Ai. i. . ........... .............. ...... ........ This ............. 1.4 ............... day of lq..'I.�p SITE OTHER SIDE FOR ADDI'FIONAL CONDITIONS TOWN OF SOUTH BURLINGTON PERMITNo ......... ... .9q...................... Permission is hereby granted to....... s.',. f' 1 Yt ! ►.12. ........ ............................................................................................ to Perform the work described as follows, on the street known as.......................A.lc'::ha,,:...........k.ca.d1..............................,................ in the Town of South Burlington. A more specific location of this work being............................................................................................... This permit is issued with the following directions, restrictions and conditions, and covers only the work described hereinafter, and then only when the work described is performed as directed. Description of the work to be performed ........... Se—ua.e.:q.......(—I fa; ....................................................................................................................... .......... ......................... .......................................................................................... _............................ Directions for performing such work....s';u`+ a ". T-f- :; 4' 'UX. f.! ......: ........ „! s}......................... ... ..................... ................................................................................................. ::.t..;.i::..� .?....� + �........�-.......�.7 .................... } .............................. ........................................................................................................................................................................................................................................................................................................... This permit shall be void unless the work herein contemplated shall have been completed before ............................... ...............................................................................................................................,........._............................_......................... The undersigned, in consideration of the issuing of this permit, having duly read all of the contents herein, expressly agrees to the above directions and to the restrictions and conditions printed on the reverse side of this sheet. (� j Signe................,rl /t-rury:.:.. �....'..........:......�.................................. Permit Holder Witness: .................................................................................................................................................. Address............................................................................................................................... .............................................. ..................................................................................... I.......... Town Manager Dated at ...... f� y ....... B 1.... �C ..z tf ...- ...................... ..................... This ........... l... ..................day of.........19.9-6.. SEE OTHER SIDE FOR ADDITIONAL CONDITIONS INSTALL NEW 2 INCH - SO. BURLINGTON WATER SERVICE WATER DEPARTMENT 403 QUEEN CITY PARK SO. BURLINGTON, VT 05403-6919 ORDER #: 2949 ,— GERRY LECLAIR 185 PATCHEN ROAD SO. BURLINGTON, 1 t 7 T $ VT 05403 PN : _i gin: LEC440 1114-96 1?_ 26�9G. _ 1 4¢1 i 1.48. 44 i i I i j T+8. 44 . 00 . 00 . 00 . V�0 _1148. 44�W ................ I 60'R()IY- w— I ti P"w�� P)90po- v 20 FT RI6Y1r CF WAY — — 95.00' — �?T —�U411£M91 308.9' LOT" 1 p I AMW T 9 506 SO. Fr. 1t7 FT ,ArWfR x 310.0S Ts EAMWN,r - ,,, AWMALL [; *ZWSV V THIS P6PPTI0A' OF 7H£ 9UICOING TO BE Vt7LUME 125 PAGF J96 % RrwokFD S &r;T 56' E 9700, PROVO-7V 1 !/2" al WA1t7P x 309.3' Lor / x ARLrA x 9 504 SO. FT. 309.5' 3 / _, o� sn -I o _ l�i4GY�.Si�D 6" SZ-X" 100.00' NBJJ5:IO"W EXISTlJVC 0-- UT/LITIES Rvv !09 D DVV�,l02.0' DECK' oL f 15 ARl9l'1P ROAD I!YM et PA.YA?ZA> OVRJ?M pa UA/F J68 PAGE' 247 ,/ 17 ARl9M ROAD PI5V UME J6J PAGF 4J5 I"IP ID IRCW Plf'Lr fVOW 0 I/POV PIPE ro 9F .ArT • CL' o%riF Aoo"t r fmAv m Romew Ral- 'a S1�KH'ADLr ff1VGLr - e e — 77PEZr Q S-r19r1O' L! . E SPOT EZEVATf6w x 310.0 4J5.54 j 9 AR" ROAD &AR% r Ii R�LN VGY. UAIF J5J PALS- 92 / 11 ARi96w ROAD RRYAN at WA7 OILI" ka UME J58 PA(65r 102 S(liGi" ADI M AS;SMIA}7 Ar ,Wt"ARY ADD?! Y h got I EYIS17 v QPAWZ zwfi£— T _ LO.r/ 9 0 ;� pop v ARFA 1 4 24 569 SO. FT. I 0 309.1 54, / 17J P,4TC),1£N R0.40 i ffff 0PAW. M DAY srz"L Or PAR,WAT hW. a Pa WE J40 R46 r 159 b 1. AY7TR 1D 7W f7XLOW?1VC PYANS A. 'PLAN Cr LANO nr ✓.L. & CC. .SW -A ' OA1EU APRIL 1904 BY A. W HOAG RFCOPOED IN Pa44 E 11-1 PA6F 211. 9. OYAN Cr AAMN T WDWS OA,7V 10/:t9/799.! BY ARMS & LANSING Chi' RA MOO ENGINEERS INC. RFCLi'"v IN P,Ar 906W 266 PA6F 7. 10 2. PAt"WTY WAS ACVVIMD BY 61MW/AM- ZMAIR IN Rx&%c J57 PAGE' 485 08/1994 TOTAL AREA Et:XX/AI S 1. 00 ACRES. J. P/Pac"rr OC!"S' NOT E.raW T11D f rrr DIFfL°"GZr M 17ryAT76w 1f AMW SPOT EZEVATICYVS ARE-V'VA1V INSMAO Or 06W7M P.S 4 OVFRAL L COVERAGE OF BU/LO/NGS, OR/4E AND PARK/NG ON L OT x9 = 9160 SO. FT. = ,97%- GREENAREA : 63% 6r" 1 INrX = 30 JVTNT 0 JO 60 90 720 750 I awrfFY /WIS PLAN IS BASED 4#16W RLrMW RLrSL174AVY, A TOTAL STATION FIELD SURVEY, EXISTING FM EVTDENCL� SVRVF1'S AS NOTED, AND INf7WMATIOV PROVTOED 91' GFRALO LECLAIR ,.60f 4,b 66. 0 ft. RO.W s ECCiVEG 5EP p 5 1995 1 ° City of So. Burlington SFWFR VAIVHaf- RIM ELFVA rlON = JO79.9' Lam" PUr 1XRff LOT SIIRDlWV)V Rao 6!ff" )VE Z49rL 41R ,/795 P47CHIN ROAO M 9URLINGr6w, VFRMCwr City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 29, 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from Fire Chief Wally Possich. If you have any questions, please give me a call. Sinc ely, LG Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encl cc: Gerald LeClair City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 26, 1997 Irene Roberge Agency of Natural Resources 111 West Street Essex Junction, Vermont 05452 Re: Sewer Allocation, 185 Patchen Road Dear Ms. Roberge: ZONING ADMINISTRATOR 658-7958 Please be advised that the South Burlington Planning Commission at their meeting held on September 12, 1995 approved a 900 gpd sewer allocation for a three (3) lot subdivision at 185 Patchen Road owned by Germaine LeClair. This property is served by the Airport Parkway Wastewater Treatment Facility which has sufficient capacity to handle this additional demand. If you have any questions, please give me a call. Si ce ely, e Weith, City Planner JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 8, 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the September 12, 1995 Planning Commission meeting minutes. If you have any questions, please give me a call. S./hcjerely Joe Weith, Cit Planner JW/mcp 1 Encl cc: Gerald LeClair City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 16, 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on September 12, 1995. Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days (December 11, 1995) or this approval is null and void. If you have any questions, please give me a call. Sincerely, oe Weith, City Planner JW/mcp 1 Encl cc: Gerald LeClair 9/12/95 MOTION OF APPROVAL GERMAINE LECLAIR I move the South Burlington Planning Commission approve the final plat application of Germaine LeClair for subdivision of 43,579 square feet of land with a single-family home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,056 square feet, 185 Patchen Road, as depicted on the plat entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road So. Burlington, Vermont", prepared by Vermont Land Surveyors, dated May 8, 1995, last revised September 1, 1995, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The Planning Commission approves a total sewer allocation of 900 gpd. The per gallon fee shall be paid prior to issuance of a zoning permit on a per bedroom basis. 3. The applicant shall construct a sidewalk along the property's frontage in a location approved by the City Engineer prior to occupancy of a unit on either lot #1 or 2. Prior to issuance of a zoning permit for either lot #1 or 2, the applicant shall post a bond in an amount approved by the City Engineer. 4. The existing accessory structure on lot #3 shall be reduced in size, as shown on the approved plat, in order to comply with setback requirements. In addition, a portion of the driveway shall be removed and replaced with lawn, as shown on the approved plat, in order to comply with coverage requirements. The portions of the structure and driveway which are to be removed shall be so removed and the affected areas replaced with lawn within one (1) year from the date of final plat approval or prior to occupancy of a dwelling constructed on lot #2, whichever comes first. 5. The depressed curb on Arbor Road serving-s-"a-3i-entrance to lots #1 and 2 shall be extended across the entire frontage of lot #1 prior to occupancy of a dwelling on(lots #1 and 2. 6. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chairman or Clerk prior to recording. 4 i Juno e-mail printed Fri, 3 Nov 200t, -.01:01 , page 1 From: Bill Green <greenb@together.net> To: rjbelair@juno.com Date: Thu, 02 Nov 2000 09:21:30 -0500 Subject: Hi What is the status of the property adjoining Summerwoods off from Patchen Road? I wrote to you a couple of months, or so, ago asking about a home that was constructed in my backyard, with the understanding that a barn was going to be torn down. You responded, in kind, to inform me that I was correct, but that in fact the conditions were more restrictive in that the permit was issued in '96, and that they had to either have the barn down in one year or not occupy the new house. Ray, I am most concerned about the closeness of this barn to the new house, the spreading of debris across the three lots, and the risk of fire. I have, previously, been in the barn, and know that it is totally filled with combustible materials. The structure does not have a sprinkler, running water or fire extinguishers, yet they utilize a wood stove all winter long to heat a good portion of the structure. If these buildings were to catch fire, the possibility of the Summer woods condo's catching fire is high, and I can not afford to have such a threat sitting in my back yard without voicing concern. Additionally, I know that the Summer woods Board has hired an attorney, and has tried communicating with the owners of said property because they are weakening the strength of our new fences, and the careless abandonment of debris around his property. The certified letter was refused, thus never picked up. The attorney has since sent the same letter through the regular mail, but with no response or action. I, as a resident of 9 Arbor Road, ask for your response to this letter because I need to know what the City is going to do in providing me with safety and in protecting my rights as a citizen of South Burlington. I have been extremely patient watching this development go on. I have been very distressed, and very disappointed, but now as winter is approaching I begin to heighten that fear as they will be utilizing their wood stove in the barn. I look forward to hearing from you, and obtaining some insight at to what the City is doing, and what plans you have. Bill Green 9 Arbor Road South Burlington, VT 05403 802-660-4745 Home Phone 802-865-0061 Home Fax 802-363-9589 Cell Phone greenb@together.net Memorandum - September 12, September 8, Page 7 Planning 1995 agenda items 1995 Proposed lighting consists of the following: --- one (1) 100 watt building mounted high pressure sodium lamp with a downcasting and shielded fixture. The Planning Commission requested at the last meeting that all new building mounted lights be downcasting and shielded and all existing building mounted lights located on the southeast side of the building be replaced with downcasting and shielded fixtures. Plan should be revised to show all building mounted lights and indicate lights which will be changed to downcasting and shielded. nthPr! --- sheets SA-2 and Cl should be revised to correctly show the location of the fire hydrant at the northerly corner of the building. --- sheets SA-2 and Cl should be revised to show the correct number of pole lights in the parking area. --- sheets SA-2 and Cl should show the locations of the windmill tower and antenna tower. --- the two (2) trailers located in the parking area should be relocated. --- note #3 on the survey plat incorrectly references volume 178 page 510, it should be volume 176 page 510. 9) GERMAINE LECLAIR - 3 LOT SUBDIVISION- FINAL PLAT This project consists of the subdivision of a 43,579 square foot lot with a single family dwelling into three (3) lots of 9506 square feet (lot #1), 9504 square feet (lot #2) and 24,569 square feet (lot #3). Lot #3 is developed with a single family dwelling and a large accessory structure. The preliminary plat was approved on June 13, 1995 (minutes enclosed). This property located at 185 Patchen Road lies within the R4 District. It is bounded on the south by a day care center with an apartment and the Summer Woods residential development, on the west by Summer Woods, on the north by undeveloped property and on the east by Patchen Road. 7 Memorandum - September 12, September 8, Page 8 Planning 1995 agenda items 1995 Access: Access to the single family dwelling on lot #3 is provided by a 20 foot curb cut on Patchen Road. Access to lot #1 is provided by a 12 foot curb cut on Arbor Road. Access to lot #2 is provided by a 20 foot right-of-way across lot #1 to Arbor Road. The cul-de-sac streets serving Summer Woods currently provide access to 43 dwelling units and a day care facility. Allowing access from this development to these streets will not exceed the 50 unit limit required under Section 401.1(7) of the subdivision regulations. Lot size/frontage: All three (3) lots meet the minimum lot size requirement of 9500 square feet. Lot #1 will meet the 80 foot frontage requirement on Arbor Road. Lot #3 meets the 100 foot frontage requirement along Patchen Road. Lot #2 will not have frontage on a public street and will be served by a 20 foot r.o.w. Setbacks/coverage: The existing dwelling on lot #3 does not meet the 50 foot front setback requirement. This is an existing situation which is not being made worse by this application. The existing accessory structure on lot #3 will eventually meet the 30 foot rear setback requirement from the new property line between lots #2 and 3. For a short period of time it will not meet the requirement. The applicant proposes to remove a portion of the structure but not until the house on lot #2 is under construction. He wishes to use the roof trusses from the portion of the accessory structure being removed to use on the house on lot #2. This would save the expense of having a crane on the property more than once. Staff reviewed this issue with the City Attorney. His recommendation was that a condition be placed on the approval requiring the removal of the westerly portion of the accessory structure on lot #3 within one (1) year from date of approval or prior to occupancy of a dwelling constructed on lot #2, which ever comes first. Building coverage proposed for lot #3 is 20% (maximum allowed is 20%). Overall coverage proposed is 38% (maximum allowed is 40%). The portion of the accessory structure and driveway shown on the plat to be eliminated shall be so eliminated and seeded prior to recording the final plat plan (preliminary condition #6) . 8 7 rvG' l Memorandum - September 12, September 8, Page 9 Planning 1995 agenda items 1995 Sidewalk: The plan shows a sidewalk along the property's frontage extending part way across the property's frontage. The fire hydrant must be relocated before the sidewalk can continue the rest of the way. The remainder of the sidewalk should be constructed prior to issuance of a zoning permit for lots #1 and 2. Prior to construction of the sidewalk, the applicant shall post a bond in an amount approved by the City Planner (preliminary condition #4). Sewer: The sewer allocation requested is 900 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance \ (preliminary condition #2). Legal documents: A condition of preliminary plat approval required that the legal documents for the easements be approved by the City Attorney. Staff recommends that since these are all private easements we should leave it up to the applicant to make sure that the legal documents are in order and not require a review by the City Attorney. Impact fees: The applicant should be aware that development of lots #1 and #2 will be subject to school, road and recreation impact fees. 10) TWIN OAKS KIDS & FITNESS - OFFICE TO DAY CARE - SITE PLAN This project consists of: 1) of converting 2,000 square feet of office space to day care/indoor recreation use in a building with an existing 9,000 square feet of day care/indoor recreation use, and 2) increasing the maximum number of children at anyone time from 30 to 59 children. This use was approved on 6/28/94 and amended on 11/29/94 (minutes enclosed). This property located at 80 Farrell Street lies within the C2 District. It is bounded on the north by a single family residence and Rice High School, on the east by a vacant lot, on the south by Joy Drive and on the west by Farrell Street. Access/circulation: Access is provided by two (2) curb cuts on Joy Drive. The westerly curb cut is 26 feet in width and the westerly curb cut is 28 feet. No change proposed. Circulation is adequate. 9 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: September 12, 1995, agenda items Date: August 10, 1995 KIDS & FITNESS - JOY DRIVE Site plan prepared by Smith, Alvarez, Sienkiewycz, Architects dated 7/7/94 is acceptable. THOMAS CHASTENAY - 2 LOT SUBDIVISION - KIRBY ROAD Plan prepared by Harold Marsh dated August 12, 1995 is acceptable. GERMAINE LECLAIR - 3 LOT SUBDIVISION - PATCHEN ROAD 1. The depressed curb on Arbor Road serving as an entrance to lots 1 & 2 shall be extended across the entire frontage of the lot. 2. The sewer serving lots 1 & 2 shall be private maintained by both lot owners. 3. There exists a sidewalk across the entire frontage on Patchen Road. I PLANNING COMMISSION 13 June 1995 page 9 13. The applicant' `shall obta ance from the Administrative new tenant seace. in a Certificate of Occupancy�Compli- Officer prior to occupancy of any 14. An,y changes to the site plan shall require approval b the South Burlington Planning Commission. Mr. Teeson seconded. Motion p2ssed unanimousl . Mr. Crow rejoined the Commission. 8. Public Hearing: Preliminary Plat application of Germaine M. LeClair for subdivision of 43,579 sq. ft. of land with an existing single family home into 3 lots of 24,569 sq. ft., 9,506 sq. ft. and 9,504 sq. ft., 185 Patchen Road: Mr. Morin said the property has been surveyed. One lot will front on Patchen Road, one on Arbor Rd. and one will have a 20 ft. right of way going down Arbor Rd. Mr. Austin noted there was an indication of a problem with a structure. Mr. Morin said there is an existing struction that was built in sections. The plan was to take off some of it and reduce it in size to meet the setback, but that would be a major effort. Mr. Weith said the applicant could apply for a variance or jog the boundary line. The applicant hopes to do the sidewalk at the same time the school does theirs so both pieces will line up. Mr. Sheahan moved the Planning Commission approve the oreliminar plat a lication of Germaine M. LeClair for subdivision of 43,579 s ft. of land with an existinq_sinqle-family home into three lots of 24 569 sq. ft. 9 506 sq.__ ft. and 9 504 sq. ft. 185 Patchen Road as de icted on a planentitled "Preliminar Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road So - Burlington, Vermont re ared b Vermont Land Surve ors dated Mav 8. 1995.1ast revised 6/6 95, with the following stipulations: 1. All previous a provals and stipulations which are not super- seded by this a2goErovall shall remain in effect. 2. The Planninq Commissionapproves a total sewer allocation of 900 qpd. The er gallon fee shall be aid rior to issuance of a zoning permit on a per bedroom basis. 3. Le al documents for the easements (e.q.Autility and access) shall be submitted to the Cit _Attorney for approval and shall be recorded in the South Burlington Land Records prior to issuance of a zoning permit for lots #1 and 2. PLANNING COMMISSION 13 June 1995 page 10 4. The applicant shall construct a sidewalk alon the_ property's frontage,__ in a location approved by the City En ineer prior to the issuance of a zoninq permit for lots #1 and 2. Prior to construction of the sidewalk_,_the applicant shall ost a bond in an amount approved by the City Engineer. 5. Prior to final_plat__ submittal the applicant shall either: 1) reduce the size of the accessory structure on lot #3 to meet the rear setback requirement, 2) relocate the property line between lots #2 and 3 in order to meet setback re uirements and still meet the minimum lot size requirement, or 3) obtain a variance from the ZBA to allow the accessory structure on lot #3 to proiect two feet into the rear vard setback. 6. The portion of the accessory structure and driveway shown on plat to be eliminated shall be so eliminated and seeded prior to recording the final plat plan._ 7. The final lat shall be submitted within six months or this approval is null and void. Mr. Crow seconded. Motion passed unanimously. The applicant noted heynight take the roof from the existing building to use on a new house. Mr. Weith suggested setting a date certain when it would be removed. This can be done before final plat. 9. Site plan application of Wiemann-Lamphere Architects to construct a 23,838 sq. ft., 3-story general office building and displace a contractor's yard, an office/maintenance building and an accessory building, 625 Hinesburg Rd: Mr. Lamphere said they will remove all present structures. He showed existing landscaping. They will move the entrance to the south end of the property. They are asking for $4,000 in additional landscaping. Present landscaping is valueA at $30,000. Mr. Sheahan asked if the hedgerow on Kennedy Drive will remain. Mr. Lamphere said it would and it would be reinforced. They will screen the building from Kennedy Drive. Mr. Lamphere said they got a conditional use permit from the ZBA. Mr. Sheahan asked if the driveway interferes with stacking lanes for northbound traffic. Mr. Weith said there may occasionally be problems, but this is an improvement. PLANNING COMMISSION 12 September 1995 page 7 Commission estimates that the proposed addition will qenerate 10.05 more vte's�+-han the number of vte's aMrovedWand paid for in 1988. 8. The applicant shall obtain all necessary City approvals and permits for wthe wantenna tower -prior -_to the issuance of a certif- icate of Occupancwfor_ the addition.� 9. The two trailers located in the ar1SLn area shall be re- located fromtheparking area to a locationwapproved_bywthe City Planner prior to permit issuance. 10. The final plat plans shall be recorded in the land records within 90 days or this approval -is null and void. The plans shall be_si ngned by the Planning Commission Chair or Clerkerior to recordi. The final plat plans shall be recorded rior to issuance of a zoning permit Mr. Sheahan seconded. _Motion passed unanimously._ 8. Final Plat application of Germaine LeClair for subdivision of 43,579 sq. ft. of land with a single-family home into three lots of 24,569 sq. ft., 9504 sq. ft., and 9506 sq. ft., 185 Patchen Road: Mr. Morin said they made all the requested changes. They adjusted the lot line to accommodate the barn and put in a portion of,sidewalk. The hydrant was moved today to allow the sidewalk to be finished. No issues were raised. Mr. Austin moved the Plannin Commission a rove the finallwat applicationofGermaine LeClair for subdivision of 43 579 sq. ft. of land with a sinqle family home into three lots of 24�569w�sgw ft. ,9 , wsq. ft. and 9J anti sq. ft 185 Patchen Road, as depicted on the elat entitled "FiMnal Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road So. Burlington,, Verm_ont_,_"- 2Lepared�b wVeomontLand Surveyors dated May 8, 1995, last revised Se temberwl,_ 1995, with the�followina-iulations: 1. Allerevious approvals and stipulations which are not super- seded by this approval shall remainineffect. 2. The Plannin C01,1i71iSSiOn approves a 900__gEd._The�er_a�allon fee shall be zonin ermit on a per bedroom basis. total sewer allocation of paid prior to issuance of a 3. The.2p2licant shall construct a sidewalk alo_n_g the property's frontage in a locations 2pproved by-heWCi� Engineererior to PLANNING COMMISSION 12 September 1995 page 8 occupancy of a unit on either. lot #1 or 2. Prior to issuance of a zoning permit for either. lot #1 or 2, the applicant shall post a bond in an amount approved by the_Citv En ineer. 4. The existing accessory structure on lot #3 shall be reduced in size as shown on the a roved lat in order to com 1 with set- back requirements. In addition a ortion of the driveway shall be removed and re laced with lawn as shown on the a roved lat in order to comply with covera e re uirements. The portions of the structure and drivewa which are to be removed shall be so removed and the affected areas re laced with lawn within one year from the date of finalplat approval or. r.ior. to occupancy of a dwellinq constructed on lot #2, whichever comes first. 5. The de re.ssed curb on Arbor Road serving as an entrance to lots #1 and 2 shall be extended across the entire frontage of lot #1 prior to occupancv of a dwelling lot lots #1 or 2. 6. The final platplan shall be recorded in the land records within 90 da s or this approval is null and void. The lan shall be si ned by the Planning Commission Chair. or. Clerk prior to recording Mr. Crow seconded. Motion assed unanimousl . 9. Site Plan Application of Burlington Indoor Tennis Center, Inc, dba Twin Oaks Kids & Fitness to: 1) convert 2000 sq. ft. of office use to day care/indoor recreation use in a building with an existing 9000 sq. ft. of day care/indoor recreation use, and 2) increasing the maximum number of children at any one time from thirty children to 59 children, 80 Farrell St: Ms. Daniels said that Blueprints, Etc. has moved out and the Tennis Center would like to expand the pre-school into the area vacated. They want to open it in October. There are 29 parking spaces which they feel is adequate. A traffic study was done from 1-8 September. They feel they won't increase traffic as Blueprints, Etc. generated more traffic. A sidewalk with ramp and crosswalk has been recommended. They will be closing one access. They feel the sidewalk will be good for taking kids on walks, and they are willing to do part of what Mr. Audette wants, and he is comfortable with that. Members suggested doing the sidewalk to the door. No other issues were raised. Mr.. Austin moved the Planninq Commissionapprove the site lan PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 September 8, 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, September 12, 1995 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. in erely s- Jo Weith, Ci y Planner JW/mcp Encls cc: Gerald LeClair Pit- , A SEP 0 7 1995 City of So. Burlington RANDALL C. ,i,/UNSON — THIS PORTION OF THE BUILDING TO BE VOL UME 125 PAGE 396 REMOl�ED PROPOSED 20 FT h RIGHT OF WAY d S 831436" E 435.67' `II' sv',P.O. w — — 95.00' — �1— - 97.00' — — — — — — — — — ?4 61T ORIrf7,4Y 12 W4777P EL/M/N4I-ETH/SPORT/ON—I EXISTINCO?AvfL 0?.rkE —�— — / " W _ —P/ X -- W "� r _ OFOR/I EGY/JY _ 308.9' I 309.3' �, 3O LOT 1,2 N— W LOT 9 o 4 ' LOT 1 iQ AREA AMEX / AREA I p AAF I p X 9, 504 SO. FT. t STO AGE 24 569 SO. FT, I b p 9, 506 SO. FT. `O O 309.5' 30.6 f - BAN HGY/ W gas r— �` V EA527/ENT X10.0 309.1' S Pw6roO K - 6" -q-&-P 1 309.2' 9500' 100.6 240. 54' x ® UNDE1PQ40UN0 N 83:i5:i0 " GY 4?5 ,54 " EXISTlNO D UTILITIES ,j 9 ARBOR ROAD RIAI=.iOY0 ATLLIAal & .i�ARION CRT'EN I ,l 173 PATCHEN ROAO INV-3oz O' IDOL UME 353 PAGE 9-2ThT OVF)Y-4NE DAY SCfIOOL DECK OECK 71 AR80P ROAD OF VF"OAT INC. ,� >5 ARBOR ROAD FRYAN & MDU GIG ATP VOL UME 340 PACE 153 AIZE & PA&AM4 DURTM 001 UME 358 PAGE 102 k1OL UME 368 PACE 247 ,�r 77 ARBOR ROAD SUWjVF)? )FOODS ASSOCIATION fIELC.4 PH -PALER VOL UME 363 PAGE 435 I.E'GFNIO IRON PIPE FOUND o IRON PIPE 70 BE SET • 6CVCRE71- MONUMENT FOUND o POWER POLE STOCKADE r,FNCE — TREE Q SETBACK LINE SPOT ELEVATION x 310.0 BOUNDARY NOT" 1. REFER TO THE FOLLOWING PLANS .- A. " PLAN OF LAND OF ✓.L. & EC. SHEA " OATED APRlL 1944 BY A. W h'OAC RECORDED IN VOLUME 11-1 PACE 211. B. PLAN OF SUMMER #VODS OA7F0 1OZ20/1993 BY KREBS & LANSING CONSUL TING ENGINEERS INC. RECOf,'OED IN PLAT BOOK 286 PAGE 107. 2. PROPERTY WAS ACOUIREO BY GERMAINE [ECLAIR IN VOLUME 357 PAGE 489 1/18/1994. 70Tr4L AREA EOUALS f 00 ACRES. J PROPERTY DOES NOT EXCEED TWO fFET OIFf£RENCE IN ELEVATION, THEREFORE SPOT ELEVATIONS APF SHONV INSTEAD OF CONTOURS. 4. OYERIILL..COV6R,4GEOFBULLD/NGS, ANDPWRKLNGONLOT#J= 9300SOF7- SU110/NG ARE,4 = 4950 SOFT = 20% PARK/N6 8 DRIVE = 4350 SOFT. = 18% , 6-MAININ6 GREENAREA = 62X SCALE 1 INCft = 70 Mff7 0 30 60 90 120 150 I CERTIFY THIS PLAN IS 8,45W UPON RECC40 RESEARCH, A TOTAL STATION FrZZO SURIEY EXISTING FIELD EVIDENCE, SURkf-X5 AS N01720 AND INFORMATION PROVIDED BY GERALO [ECLAIR. of vER4f �! MARK V. WARD 1Ic No. 4" qNp SU Ism" A. r SEWER MANHOLE RIM ELE rION = 3079.9' FINAL PLAT TIIRFF LOT SOMIMION FOR G,RV,41NT' LEMIR 1185 PATCf/E7V ROAD SO. 9URL11VO70AI WRMONT FF"ONT L4M SURMYORS 4050 W?LLISTC'V ROAD SO. BURLINOMN, kfRYONT 05403 802562 5661 OATS MAY 8, 1995 .• 09/11/95 9/O//9_5 SURk r?E0 AO, & B.H. _ _ PROJECT ORAMV BR,4OFORO HOLDEN 9520 C11E6)orE0 MARK V WARD M E M O R A N D U M To: Project Files From: Raymond J. Belair, Zoning and Planning Assistant Re: Preliminary Comments - September 12, 1995 Agenda Items Date: August 29, 1995 THOMAS CHASTENAY - RESUBDIVISION - REVISED FINAL PLAT --- plat should show metes and bounds information for the Richard and Gary Caron property. Show Caron property and lot #2 as one (1) lot with the old property line dotted with a note that the old line is to be dissolved. --- the Recreation Path Committee will be contacted regarding the possibility of a recreation path along the sewer easement. --- the plat should show the limits of the C.O. zone crossing this property (see Section 3.10 of the zoning regulations). --- submit 11"x 17" reduction of revised plat. --- provide acreage for new Caron lot. GERMAINE LECLAIR - 3 LOT SUBDIVISION - FINAL PLAT --- the applicant should be required to finish constructing the sidewalk along the property's footage prior to issuance of a zoning permit for lots #1 and #2. --- applicant should be required to remove the westerly portion of the storage barn on lot #3 within one (1) year from date of approval or prior to occupancy of a dwelling constructed on lot #2, which ever come first. --- indicate overall coverage proposed for lot #3, indicate green areas and non -green areas. --- the note on the plat regarding the removal of a portion of the barn "as per the arrangement with the Planning Administrator" should be removed. TWIN OAKS KIDS & FITNESS - OFFICE TO DAY CARE - SITE PLAN --- based on parking standards for day care and health club, and averaging these standards together, it is estimated that 55 spaces would be required and 24 spaces are available. Staff recommends that a parking study be conducted to justify the 1 Alterations Contractors are invited to bid on the alteration of the Washington Apartments Heating System, located at 14 Washington Street, Barre. Vermont. The Washington Apartments is a five story, 53 unit, fully occupied, elderly housing complex. Bids documents may be obtained at Blue Prints, Etc., Joy Drive, South Burlington, Vermont for a fee of $30.00 after 12:00 Noon on August 28th. A bid bond of 5 % percent will be required. A perfor- mance and Payment Bond will also be required for this contract. A Pre Bid site inspection will be held on September 1, at 2:00 pm. All inter- ested contractors are urged to attend the Pre Bid inspection and meet in front of the building. All bids must be received by September 7, 1995 by 4:00 pm. at the office of the Barre Housing Autho- ruty located at 455 No. Main Street, Barre, Ver- mont. The owner reserves the right to reject any and all bids and to waive any informalities or irregulari- ties in the bidding. The Barre Housing9 Au- thority is an Equal Oppor- tunity Employer and encourages Woman Owned Businesses and Minority Owned Business- es to apply. Auggust 26, 27, 28, & 29, 1995 NOTICE OF PUBLIC SALE OF PERSONAL PROPERTY Notice is hereby given that the undersigned will sell to satisfy lien of own- er, at public sale by closed biddingg on Sepp- tember 09, 1995 at 10:00 a.m. at Extra Space Stor- e, facility located at 15 Williston Rd., Williston, Vt. the personal goods stored therein by the fol- lowing Elizabeth Abustan Bernadette Ryback Douglas Jones Robert Snyder Frederick McGuire Jr. Christopher Hough - Purchases must be made with cash only and paid for at the time of sale. All items to be removed from the unit at time of pur- chase. A $50.00 deposit will be made and re- funded after unit has been broom cleaned. We re- serve the right to accept or reject bids. August 19 & 26, 1995 Need to sell your cor? Give us a call at 658-3321. ton PUBLIC NEARING The Burlington Planning Commission will hold a public hearing on Septem- ber 14, 1995, at 7:30 p.m., in Contois Auditorium, City Hall to hear public comment on the request of Sandra North, Inc., for final plat approval to con- struct eleven residential units while retaining the existing home as a duplex for a total of thirteen resi- dential units. Located at 1. - _sic. August 26, 1995 PUBLIC NOTICE There will be a public forum to discuss a pro- posed enhancement grant being sought for im- provement to Camels Hump Access Road. Place: Town Office -Down- stairs: Time: 7:30 PM: Date: Wednesday, August 30, 1995. August 26, 1995 PUBLIC NOTICE SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference room, 575 Dorset Street, South Burlington, Vermont on Tuesday, September 12, 1995, at T30 PM to con- sider the following: 1) Consider appeal of Century Partner Limited Partnership of the Zoning Administrator's denial of a sign application for 100 Dorset Street. 2) Revised final plat appli- cation of Wiemann-Lam- phere Architects, Inc. for the construction of a 50,000 square foot addi- tion to an existing 82,700 square foot light manufac- turing facility (Dynapow- er), 1020 Hinesburg Road. 3) Final plat application of Thomas Chastenay for a bounsary line adjustment between two (2) lots in- volvingg 0.97 acres of land, 114-116 Kirby Road and 615Airport Parkway. 4) Final plat application of Germain LeClair for sub- division of 43,579 square feet of land with a single family home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,504 square feet, 185 Patchen Road. Copies of the application are available for public inspection at the south Burlington City Hall. William Burgess, Chair- man South Burlington Planning Commission August 26, 1995 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 Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, Sepp- tember 11, 1995 at T.00 P.M. to consider the fol- lowing: Appeal of Veve Asso- ciates, Rafael Veve seek- ing a variance from Section 25.00 Density re- quirements of the South Burlington Zoning Regula- tions. Request is for per- mission to construct an additional four (4) resi- dential units at Dorset Commons for a total den- ............... anys following the date of the adoption of the ordinance by the legislative body. The following is a sum- mary of the contents of the ordinance: ARTICLE I - Definitions ARTICLE It - Scope ARTICLE III - Traffic Control Devices ARTICLE IV - Speed Regulations ARTICLE V - Stop and Yield Intersections ARTICLE A - Winter Parking Regulations ARTICLE VII -Loaded Vehicles ARTICLE VIII - General Provisions The full text may be viewed at the Town Clerk's Office during reg- ular business hours. Questions may be di- rected to the Administra- tive Aide at 4930 Main Road, Huntington, VT 05462 or by calling 434-4779, Barbara Breen, Administrative Aide. August 26 & 27, 1995 {r �r YY it ADVERTISING WITH STARS IS LIKE PUTTING YOUR NAME IN LIGHTS TOWN OF UNDERHILL ZONING BOARD ADJUSTMENT HEARING The Underhill Zoning Board of Adjustment will hold a public hearing on Monday, September 11, 1995 at 7:30 p.m. in the Underhill Town Hall with the following agenda. 7130 - The request of Andy & Susan Grab of Winooski, VT for a vari- ance from the setback requirement for stream - bank development. The property (IS063) is in the Rural Residential Agricul- tural district. This request comes under Chapter IX, Section L of the Underhill Zoning Regulations. Information on this appli- cation is available in the Town Clerk's Office and comments may be made in writing prior to or at the hearing. Reasonable ac- commodations will be made for those request- ing assistance at least 24 hours in advance of the hearing. Mary Fell, Clerk Underhill Zoning Board of Adjustment August 26, 1995 "Sold the First Day". We hear this every day from successful advertisers. Free Press Classifieds work. Call us at 666-33211 We can help you mak, your ad work. ABSOLUTELY FREE PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, September 12, 1995, at 7:30 PM to consider the following: 1) Consider appeal of Century Partner Limited Partnership of the Zoning Administrator's denial of a sign application for 100 Dorset Street. 2) Revised final plat application of Wiemann-Lamphere Architects, Inc. for the construction of a 50,000 square foot addition to an existing 82,700 square foot light manufacturing facility (Dynapower), 1020 Hinesburg Road. 3 ) Final plat application of Thomas Chastenay for a boundary line adjustment between two (2) lots involving 0.97 acres of land, 114-116 Kirby Road and 615 Airport Parkway. 4) Final plat application of Germain Leclair for subdivision of 43,579 square feet of land with a single-family home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,504 square feet, 185 Patchen Road. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess, Chairman South Burlington Planning Commission M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for September 12, 1995 Agenda Date: August 29, 1995 I have reviewed the following site plans and my comments are as •follows: 1. Kids & Fitness, Twin Oaks Spear Street Acceptable 2. Thomas B. Chastenay Property Kirby Road Acceptable 3. Germaine Leclair Property 185 Patchen Road Acceptable 4. 89-2 Realty Company and Gupola Golf Course, Inc. Acceptable Dated 8/7/95 Dated 8/21/95 Dated 8/23/95 Project No. 9520 Dated 8/25/95 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 29, 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski and myself. Comments from Fire Chief Wally Possich will be forwarded when they are available. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than noon, Tuesday, September 5, 1995. If you have any questions, please give me a call. ASinc ly, aym nd J. Belair, Zoning and Planning Assistant RJB/mcp Encls cc: Gerald LeClair CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant Q-r MA10 2 ) Name of Subdivision L*,e-u4ia- 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plgt designer since preliminary plat application A)6 N-).M 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: A n -� . _n... —4' 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and cpntaining all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for a major subdivision. (Signature) applicant or contact person -/,I// �9 p/ate 60, R. O. IY. PROPOSED 20 FT RIGHT OF WA Y / 15 AR96W ROAD k121-IMC J68 PA61- 2W7 / 17 AR96W ROAD HJU1:A AWACEL" I a 4IA/E J6J PAGE - 4-U FW.WA /i IRON PIPE FOUND o IRON PIPE TO BE SET • CCVCRETE A/CWl/AeNT FOUND 1000ER Paz- STOCKADE FENCE TREE d SETBACK LINE SPOT ELEIiATICW x 310.0 R",VALL G. AUNSON kU UA/E 126 PAGE I-f96 "YAN & NICXI GILN'iY�i' / I/CY UA/E J M PAGE 10.> SUM" # 0A5' AS 0MT,,'9ff THIS R6WI76W 6K- THE BL/1L0ING TO 9E REA/OVEO PER ARRANGEA&W WITH hvllxja"Y AVT" VL UWr J40 PAGE 15i 1. REFER TO THE FaZ OWING PLANS A. ",PLAN &- LAND 0- „(L. & E. C' SHEA ' OATEO APRIL 19*4 8Y A. A' Ha4G RECMM9 IN kaZIMC 11-1 PAGE 211. B. PLAN Ca- SU, ON CR MVW 5- DATED 10/20/199J 9Y KRE8S & LANSING CCWSUL TING ENGINEERS INC IPMWIP C0 M PLAT d9" 26 6 PAGE 107. 2. PR6RCR7Y WAS ACWhWO 6Y GERMAINE L Ca" IN Vt U4C . [57 PACE A&I 11-M1199W. TOTAL AREA EalQS 1. 00 ACRES. TMV FEET DIFFERENCE IN CLCYATICW WMCF6WC SPOT ELEVATICWS ARE SHONN IN STEAD CV- CCa1/TOURS. SCALef' INCf� = M AEST U J0 oU .yU I CERTIFY Th7S PLAN IS BASSO !/PCW RECM9 RESEARCH, A TOTAL STATICW FIELD SURVEY, EXISTING FIELD EkILa-FNCE, SURVEYS AS NOM9 AND IAIFCWMATIGW PROklaCO 8Y GERALO LECLAIR nD::. r KAM 4 C VE Ur% " ' AUG2 3 1995 City of So. Burlington SENER A/ANHCYE RW RCkA,rfaV =-V7.89' m J%W PAIT lgzw" ZOT s4wagw4 v 11cm /185 PATCHEN Ra4O SQ A WLINGTM, WR,4 WT kzgvaw Ld" Sl ffffm" 4vm Aw"Ismv Rtsi4o SQ 61Sd AAWr(a'16 4E7F'1 avr a5sw OATS A/AY Q 1995 : C olloz suRVt r�O v W. & 4911 f+yue c •T ORAAW QRAOFGiPO HLYDEN R5?O CHECKED A/ARK K WARD CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant AIU LECfAIP- 2) Name of Subdivision L*,-e-uvia- 5Ul3A.vIswo 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plIt designer since preliminary plat application k10 Nib 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: P(ZoPM& [-4u r "-,-USPfinfSt,-T r, I #' >E 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and c��QQntaining all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for a major subdivision. - (Signature) applicant or contact person to CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant MAIL.) Lecbk& 2) Name of Subdivision �I�e-U12 S01&D`V Is I C) 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or pljt designer since preliminary plat application k)o N>M- 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: i� u • ► INS !lam I r S) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and cntaining all information rewired under Section 202.1 the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for a major subdivision. (Signature) applicant or contact person to M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: June 13, 1995 agenda items Date: May 19, 1995 KEN SMITH PROPERTY LOTS 25 & 26 (BELTER DEVELOPMENT) COMMERCE STREET 1. Site plan dated April 1995 prepared by FitzPatrick-Llewellyn, Inc., is acceptable. GOODRICH PROPERTY - HINESBURG ROAD - KENNEDY DRIVE 1. Water and sewer services to new building should be shown. 2. A pedestrian walkway to Timber Lane should be considered. GRAINGER INC. EXPANSION - GREEN TREE PARK - GREGORY DRIVE Site plan prepared by Trudell Engineering with latest revision dated 5/16/95 is acceptable. SPENCER BAKER & SHEILA BOWES - SHUNPIKE ROAD Survey plan defining new lot lines prepared by Button Associates dated 4/20/95 is acceptable. SICOTTE - 2 LOT SUBDIVISION - HINESBURG ROAD Sewer and water services for lot 2 should be shown on the site plan. GERMAINE LECLAIR (3 LOT SUBDIVISION) PATCHEN ROAD Sewer and water services serving lot 1 & 2 will be private lines maintained jointly by the owners of these lots. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 13, 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project preliminarily approved by the Planning Commission on June 13, 1995. Please note the conditions of approval including the requirement that the final plat be submitted within six (6) months. If you have any questions, please give me a call. Sincerely, Joe Weith , City Planner JW/mcp 1 Encl cc: Gerald LeClair PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 July 13 , 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the June 13, 1995 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat be submitted within six ( 6 ) months. If you have any questions, please give me a call. Sincerely, 64 Joe Weith &d City Planner JW/mcp 1 Encl cc: Gerald LeClair No Text r pY ,mot, y' } A 5 "�T'� S 5 + i 6/13/95 MOTION OF APPROVAL GERMAINE LECLAIR I move the South Burlington Planning Commission approve the preliminary plat application of Germaine M.LeClair for subdivision of 43,579 square feet of land with an existing single-family home into three (3) lots of 24,569 square feet, 9,506 square feet and 9,504 square feet, 185 Patchen Road, as depicted on a plan entitled "Preliminary Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road, So. Burlington, Vermont", prepared by Vermont Land Surveyors, dated May 8, 1995, last revised 6/6/95, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The Planning Commission approves a total sewer allocation of 900 gpd. The per gallon fee shall be paid prior to issuance of a zoning permit on a per bedroom basis. 3. Legal documents for the easements (e.g., utility and access) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to the issuance of a zoning permit for lots #1 and 2. 4. The applicant shall construct a sidewalk along the property's frontage in a location approved by the City Engineer prior to the issuance of a zoning permit for lots #1 and 2. Prior to construction of the sidewalk, the applicant shall post a bond in an amount approved by the City Engineer. 5. Prior to final plat submittal, the applicant shall either: 1) reduce the size of the accessory structure on lot #3 to meet the rear setback requirement, 2) relocate the property line between lots #2 and 3 in order to meet setback requirements and still meet the minimum lot size requirement, or 3) obtain a variance from the ZBA to allow the accessory structure on lot #3 to project two (2) feet into the rear yard setback. 6. The portion of the accessory structure and driveway shown on plat to be eliminated shall be so eliminated and seeded prior to recording the final plat plan. 7. The final plat shall be submitted within six ( 6 ) months or this approval is null and void. iA 0 W I I o � O 2 h �W O EX/SO O 1 R/M=.i09. 0' INY .i02.0' PROPOSED 20 FT R/GHTI OF `YAK RANDALL 0 ffUNSON VOL UME 126 PAGE .T96 S gVTd 5R" F .Q357R' — — 95.00' — — ,— _ >2 -D?/V£WAY 95.00 PR6PO.SED / / 1 1/2- CO {YX MR / 245.78' EuM� �l�4TE tNIS Ft,�i/o�/ oFDRiVE EX/SANG GWA/�Z LW/!£ — X --W. — I 308.9' I ao' 309.3' r F / LOT" p ') ---� � _ � LOT >¢` 3 _ � O LOT Z 1 d b O AREA 9, 504 SQ. FT. ` / / AREA O STo AGE 24,559 S0. FT. I ?� p I AREA p 9/505 SD F 13 BED2nn O � O O 309.5- 3a�orzM \P2ot�5EA p p _ / �R ►J Bu�LDinl (> AREA �. /=4,950:�F1 wZ ,P 185 Iv¢oPosE� _3p r SET 6hGK- LINts. _ 09.7 �o' 1h9SPG3PAp�y PARKW&4-DR1VE I a�- 1fiE 20 FT M-MER --i----- — 9UM01410 R RE/j = 4,3&0 5q, Pl. 70ArRE.1/OlfD EAMA/FNT LX 310.0 PRa°OSED L �— — _ _ To TACoVERA� = M7,, S 95.00 ` 6' SEk£R 95.00' 245.51' N 8J95:70" W O ZIMERIWaIM0 ❑ 4/17L/AES DECK DECK ,¢� 15 ARBOR ROAD AYLE' & P"ZLA DUBRUL VOL UME J68 PACE 247 / 17 ARBOR ROAD H ZGA #HEELER VOL UME J6.3 PAGE 4J5 4J5.5>" 9 ARBOR ROAD fl=J" & Z,4RION TEVOLUMEVOZ ,35.E PACE 11 ARBOR ROAD BRYAN & YICfCI GILN.EE' 110 UME .%58 PACE 102 SUAfAfZ' WOODS ASSOCIATION / 17i PATCHEN ROAD TELL' 0TERL4AT DAY SChTOOl OF !TRAf0)VT INC. VOL UME J40 PACE 15J BOUNDARY .MOTES 1. REFER TO 7HE FOLL OWNG PLANS A. ' PLAN OF LAND OF ✓. L. & E. C. S112.7A " DATED APR/L 1944 BY A. W 110A0 LEGEND RECORDED /N VOLUME 11-1 PAGE" 211. B. PLAN OF SUMMER {MOODS DATED 10/20/199J BY KRESS & LANSNG CONSUL MO IRON PIPE FOUND 0 ENGINEERS INC. RECORDED IN PLAT BOOK 286 PAGE 107. IRON ROD FOUND 0 2. PROPERTY WAS ACQU/RED BY GERMANE LECLA/R /N VOLUME J57 PAGE 485, 1118119.94. IRON PIPE TO SE SET • TOTAL AREA EQUALS 1. 00 ACRES CONCRETE MONUMENT FOUND o POIyER POLE Cn. .3 PROPERTY DOES NOT EXCEED TWO FEET' DIFFERENCE /N ELEVATION, THEREFORE SPOT STOCKADE FENCE REVA77ONS ARE SHONV INSTEAD OF CONTOURS. SO".1 AM a A9 FTAT 0 30 6o yo IZo ISO / CERTIFY THIS PZAN /S BASED UPON RECORD RESEARCH, A TOTAL STATION FIELD SURVEY, EXISTING FIELD EVIDENCE, SURVEYS AS NOTED, AAA /NFORMAADN PROVIDED BY CERALD LECLAIR U 66 FT R0.w LocAT Doti MA'P i 'RECEIVED JUN p 8 1995 City of So. Burlington SE#FR MANHOLE RIM ELEVATION = JO, 89' AIUL AaV"Y PLAT TM'IREE LOT SUg1IlMON FOR GLRM14INZ IZCLAIR ,#¢M5 PATCHEN ROAD SO. BURZINOMN, VERMONT Memorandum - Planning June 13, 1995 agenda items June 9, 1995 Page 8 include Red Maple, Crabapple, Austrian Pine, Willow and American Elder. Traffic: The applicant is requesting approval for a maximum of 30 vehicle trip ends (vte's) during the P.M. peak hour. The applicant should be aware that the road impact fee for 30 vte's is approximately $6,000. Sewer: The sewer allocation requested is 3000 gpd. The applicant will have to pay the per gallon fee prior to permit issuance. Dumpster: The dumpster storage area will be screened with a stockade fence. Lighting: Exterior lighting will consist of seven (7) 70 watt high pressure sodium building mounted downcasting and shielded fixtures. C.O. District: The southerly portion of the project is within a C.O. District resulting from a wetland and wetland buffer area. Approximately 25 feet of the paved parking area will be encroaching into the wetland buffer. The Natural Resources Committee reviewed these plans at their May 9, 1995 meeting and made suggestions to mitigate the impact to the wetland area. This plan incorporates those suggestions. The plan should be revised to show the limits of the C.O. District which is 50 feet to the north of the bottom of the bank. Sidewalk: The subdivision approval which included this lot required that the developer either contribute $15 per linear foot frontage or build the sidewalk along the frontage. Staff recommends that the developer pay the fee. 8) GERMAINE LECLAIR - 3 LOT SUBDIVISION - PRELIMINARY PLAT This project consists of the subdivision of a 43,579 square foot lot with a single family dwelling into three (3) lots of 9506 square feet (lot #1), 9504 square feet (lot #2) and 24,569 square feet (lot #3). Lot #3 is developed with a single family dwelling and a large accessory structure. The sketch plan was reviewed on 1/10/95 (minutes enclosed). This property located at 185 Patchen Road lies within the R4 District. It is bounded on the south by a day care center with an Es: Memorandum - June 13,1995 June 9, 1995 Page 9 Planning agenda items apartment and the Summer Woods residential development, on the west by Summer Woods, on the north by undeveloped property and on the east by Patchen Road. Access: Access to the single family dwelling on lot #3 is provided by a 20 foot curb cut on Patchen Road. Access to lot #1 is provided by a 12 foot curb cut on Arbor Road. Access to lot #2 is provided by a 20 foot right-of-way across lot #1 to Arbor Road. The cul-de-sac streets serving Summer Woods currently provide access to 43 dwelling units and a day care facility. Allowing access from this development to these streets will not exceed the 50 unit limit required under Section 401.1(7) of the subdivision regulations. Lot size/frontage: All three (3) lots meet the minimum lot size requirement of 9500 square feet. Lot #1 will meet the 80 foot frontage requirement on Arbor Road. Lot #3 meets the 100 foot frontage requirement along Patchen Road. Lot #2 will not have frontage on a public street and will be served by a 20 foot r.o.w. Setbacks/coverage: The existing dwelling on lot #3 does not meet the 50 foot front setback requirement. This is an existing situation which is not being made worse by this application. The existing accessory structure on lot #3 will not meet the 30 foot rear setback requirement from the new property line between lots #2 ,l 3 and 3. Applicant must either: 1) reduce size of structure, or 2) move the property boundary to the west two (2) feet, but still meet minimum lot size requirements, or 3) obtain a variance from the ZBA. Building coverage proposed for lot #3 is 20% (maximum allowed is 20%). Overall coverage proposed is 38% (maximum allowed is 40%). Sidewalk: The plan shows a sidewalk along the property's,y� frontage. The applicant would like to construct this sidewalk this S summer before final approval is obtained. b Sewer: The sewer allocation requested is 900 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. 0 Memorandl_:rn - Planning ,Tune 13, 1995 a(7snda itsms June 9, 1995 Page 10 Legal documents: The legal documents easement should be reviewed by the City to permit issuance for lots #1 and #2. for the r.o.w. and utility Attorney and recorded prior Impact fees: The applicant should be aware that development of lots #1 and #2 will be subject to school, road and recreation impact fees. 9) WIEMANN-LAMPHERE ARCHITECTS - OFFICE BUILDING- SITE PLAN This project consists of the construction of a three (3) story 23,838 square foot general office building. This office building will displace a contractor's yard, an office/maintenance building and an accessory building. The ZBA will hear the applicant's request for a conditional use permit for this office use on 6/12/95. This property located at 625 Hinesburg Road lies within the R7 District. It is bounded on the north by Kennedy Drive, on the east by Hinesburg Road, on the south by Country Park apartments and on the west by Timber Lane Medical Center. Access/circulation: Access will be provided via a new 24 foot curb cut on Hinesburg Road located at the southerly end of the site. An existing 47 foot curb cut on Hinesburg Road will be closed. Circulation is adequate. Coverage/setbacks: Building coverage is 12.6% (maximum allowed is 25%). Overall coverage is 59.7% (maximum allowed is 60%). Front yard coverage along Hinesburg Road is 29.1% and along Kennedy Drive is 0% (maximum allowed is 30%). Parking: A total of 95 parking spaces are required and 95 spaces including four (4) handicapped spaces are being proposed. A bike rack is being provided as required under Section 26.253(b) of the zoning regulations. Landscaping: The minimum landscaping requirement for this project is $17,500 which is not being met. The landscaping proposed has an estimated value of $3964 which is a $13,536 shortfall. The applicant is seeking a credit for existing landscaping to make up for the shortfall. The applicant has submitted an estimate from a 10 PLANNER 658-7955 Michael Morin 128 Prim Road Colchester, Vermont City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 05446 June 9, 1995 Re: 3 lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, June 13, 1995 at 7:30 P.M. to represent your request. If you have any questions, JW/mcp Encls cc: Gerald LeClair please give me a call. S qcreJith, City Planner Florida 101 100 �110-5 Chicago 300 000 000-3 E-Shef6Bld (3). DP -Chicago 1. LOB - Fiords 5, Chicago 9. 2B-W8k!ns (1). HR-Gregg (21. KAbbott (4), CJohnson (2). SB-Sheffield (12). Colbrunn (3). CS-Ve- ras (6), Dunston (1). S-Rapp, Dunston. IP H R ER BB SO Florida Rapp W,13 6 9 3 3 2 5 YPerez 23 1 0 0 0 1 RVeres 11-3 0 0 0 0 1 Nan S,1 1 0 0 0 0 1 ago DacCse n6 5 3 3 2 5 MPerez L.0-2 2 3 2 2 0 1 Walker 1 0 0 0 1 0 HBP-by Rapp (Sosa). Umpires -Home, Crawford; First, Hernan- dez; Second, Hellion; Third, Froamming. T-3:02. A-21,611. Phillles 2, Padres 0 SAN DIEGO PNILA I bit Roberts 2b 3 0 0 0 Gpgner cf 4 1 t 0 Finley cf 4 0 0 0 Mrndni 2b 4 1 2 0 TGwyn rf 4 0 0 0 Jfferies If 3 0 1 1 EWlms I 4 0 0 0 OHNns I 2 0 0 1 Cmint 3b 3 0 1 0 Daukon c 3 0 0 0 PCiark If 3 0 0 0 Emrich A 3 0 1 0 Cedeno as 3 0 1 0 Hayes 3b 2 000 Asmus c 3 0 0 0 Stacker as 3 0 0 0 Bens p 2 0 0 0 Mimbs p 3 0 0 0 BJhnan ph 1 0 0 0 Florle Is 0 0 0 0 Totals 30 0 2 0 Tools 27 2 6 2 San Ologo am 000 000-0 Philadelphia 200 ON 00x-2 E-Mlmbe (1). Los -Sell Diego 4, Phda IP H R ER 99 SG 9M Bence L.0-5 7 5 2 2 1 7 Florae 1 0 0 0 0 1 p119ede W. uwnl001xeN penulluo0 -Sam S'Z Dululeluo0 lot e uo 'silede,t R eaWes WQU1 -dlnbe 'SJW9Auoo IeJe 406.19epllpe We gBamouopnglAslD Blnlnlo9trKlnlvulsnO49eDr 9" 9ldji " 00019Z a torutWOO al U019 * id s! isenbeU 'suoR I..�. pull OW Din 11U104A Juan 4AwS IwM 10 ITV Z# VOOM BjngssulH 4Z9 le peieool 'sejoe IF' I luleluoo lot a too Lee1 ejenbs 000'1Z Bulule11100 'Bulpllnq evyto IeJeue6 , Jots (E) ee,44 a torlJis L S3:)IlON 1V031 inck Ie1MU Ava'1rW 01� SO ClnUrotatl Jarvis W,2-2 6 9 3 3 4 2 McElroy 2.3 1 0 0 0 2 Carrasoo S,3 2 1-3 2 0 0 0 2 SL LOWS Petkovsek 6 7 1 1 1 1 Arocha L,33 1 13 4 3 3 2 2 Fossas 2-3 0 0 0 0 1 Parrett 1 0 0 0 0 1 Umpires -Home, Gregg; First, Winters; Second, Barron; Third, Davis. T-2:52. A-22,115. Braves 8, Astros 3 ATLANTA HOUSTON abrhbi abrhbl Grssom cl 5 2 2 2 Mouton If 5 1 0 0 Blauser as 5 1 1 0 Biggio 2b 4 1 2 0 CpJnes 3b 3 1 3 2 "fi lb 3 0 0 1 McGrff Its 5 0 2 2 DBell cf 3 1 0 1 Justice if 4 0 0 0 Shipley 3b 4 0 1 0 JLopez c 4 1 0 0 Simms rf 3 o 0 0 MKepy If 5 1 1 2 Gnzalez if 0 0 0 0 Lemke 2b 4 1 1 0 Servais c 3 0 1 1 Mrcker p 2 0 0 0 Mgdan ph 1 0 0 0 Mrdcai ph 1 1 1 0 Esebio c 0 0 0 0 Bdrsian p 0 0 0 0 Miller ss 4 0 2 0 DwSmt ph 1 0 1 0 Swndell p 0 0 0 0 MCMe1 p 0 0 0 0 DVeres p 1 gq 0 0 Whls9 p 0 0 0 0 Stnkwc ph 1 0 0 0 PAMtz p 0 0 0 0 MTmsn ph 1 0 0 0 Dghrty p 0 0 0 0 Hrtgrvs is 0 0 0 0 Dnrrels ph 1 0 1 0 Totals 39 812 9' Totals 34 3 7 3 Atlanta lea 101 000-s Houston 010 020 000-3 E-Cp tons 2 (4). Sarvais (3). DP -Atlanta 1, Houston 1. LOB-Atama 6, Houston a. V (8), Mc�xlll (41,La eks(a)-Me�ag�wel(, sB-Grtasom m; IP H R FP 9B *41 uwnlo0 IxON Penuliuo0 -uoo of UOMS led J01 st lsenboU 'suoaelnBeu BuluoZ ucoulling 4lnoS eta 10 SWWO "Pow .098-wts 'sews WjOMpuoo add9 allol999 4NAP00D WIVU 10 ITV L# :BupAoi 1% eta AgRo o 01 Tfd 1pL to mil Zt sunr �PU01YV u0 ;IlouuOA l4wo0 4L9L9 'WOOH wue -m4uoo '99000 led"u n uOtBulpng 4tn0S 94► le du► 1M o1WrK% 9 PIo4 Hpa 4usu4snnjPV 10 WeO6 BulUOZ uotoulpne 4LnoS eta 'V'S'A 'vZ elill LIL 4 t-I home (4). DP -Toronto 1. LOB - Cleveland 5, Toronto 8. 2B-Vizquel (3), Belle (11). Delgado (1). HR-Vizquel (3). Ramirez 2 (11), Sorrento 2 (10), Green (4). SB-Lofton (7). CS -Lofton (4). IF H R ER BB SO Cleveland Hershiser W,3-1 7 6 3 3 4 7 Poole 1-3 1 1 1 1 0 Tavarez 2-3 0 0 0 0 1 Mesa S,7 1 0 0 0 0 2 Toronto Harrigan L,3.2 8 11 7 7 2 3 T1rtxin 1 0 0 0 1 01WP-Hershleer. Balk-Hentgen. . Umpires -Home, Reed; First, Hirschbeck; Second, Evans; Thud, McCoy, T-2:49. A-47, 113, Royals 8, Brewers 3 KANSAS CITY MILWAUKEE orb ris bi abrIsbi Nunfy rf 5 1 2 3 VIna 2b 4 0 0 1 Godwin ct 5 1 1 0 Hmtton of 3 0 1 0 Joyner lb 3 1 1 0 Surhott I 4 0 4 0 Gaetb 3b 5 2 2 4 GVghn dh 5 0 1 0 Hmelin dh 5 0 0 0 May If 5 0 1 0 Gagne as 4 1 2 0 Oliver c 4 2 2 0 Mayne c 4 1 2 1 C,nilo 3b 4 0 2 1 Howard 2b 2 0 0 0 Meeks A 3 1 0 0 Rands 2b 1 0 0 0 JsVintn ss 4 0 1 1 Tucker p 4 1 1 0 TofaN 38 s 11 a Total* 36 312 3 Kansas City 210 000 500-S Mgwouk" 010 000 020--3 DP -Kansas City 2. LOB -Kansas City 6, Milwaukee 12. 2B-Gagne (10), Mayne 2 (6), Oliver (11). JsVelentin (5) HR-Nunnal- N (3), Gash 2 (8). SB-Goodwin 2 (9). Joyner (2). CS-Cin o (1). SF -Vine. Kansas SIP H R ER BB SO Appier W,6-1 61-3 9 1 1 3 5 Brewer 23 1 0 0 0 0 Linton 1? 1 9 uwnloo Ix9N Penullu00 1e1de40 pug suoillslndey BuluoZ uDoAtin9 41noS OVA 4LIM eouspiOOOB ul 966L 'LZ AeW uo!sslwwoo Buluueld uol6ulling 41n0S uehw!s4o sse6Jng W9111 M •IIel4 A110 IloIBulling 44ltrnwo�� eta le uopoedsul olpnd Jol elgepgne eJe suogeolldde"10 seld00 teens lesioa LOOL 'BullleMp Rllwel-p!nw llun E e eleeJo of 9# 101 uo 6u! �1e11Ap Apwet obit a of lion I S311ION 1V031 IL UNION 1VO31 uwnlo0 WON penu!luo0 Dulllemp (1) euo 6u!DPe (Z pus 'feel eJenbs OE9'69 of 1991 eJenbs Z00'6L WO4 ez!s cal DUIDUIIJ stol W uenes olul lowed Ojos 9L'y a eplAlpgns (L :ot Inigna pIAeo 10 uONso -lldde told 1GeulwllOJd (E •peoUy ue4o19d 99l 'tee; eJenbs g0S'6 pus heel eJenbs 909'6 tee; amenbs 699'9Z 10 slol (£) eeJyl elwo4 puDiaee e10lee;wainb1(iitwaleMl 6L9'E9 10 uolslAlpgns m1 Nolo -e� We D10UDPO ildde told �Nunle�d (Z WOW 6Jnq -SOUTH W" 'teal GJenbs L SIMON 1V031 IIIIA39, May 1994;2 Bobby Labonte, Trinity, N.C., Chevrolet Monte Carlo, 182.741;3, Ricky Craven, Concord, N.C., Chevrolet Monte Carlo, 182.285;4, Brett Bodine, Harrisburg, N.C., Ford Thun- derbird, 181.941;5, Michael Waltrip, Lake Norman, N.C., Pontiac Grand Prix, 181.622;6, Ken Schrader, Concord, N.C., Chevrolet Monte Carlo, 181.519; 7, Ster- ling Marlin, Columbia, Tenn., Chevrolet Monte Carlo, 181.421;8, Elton Sawyer, Chesapeake, Va., Ford Thunderbird, 180.935;9, Joe Nemechek, Mooresville, N.C., Chevrolet Monte Carlo, 180.862; 10. Morgan Shepherd, Conover, N.C., Ford Thunderbird, 180-844:11. Dick Trickle, Iron Station, N.C., Ford Thun- derbird, 180.78312, Hut Stricklin, Cale- ra, Ala., Ford Thunderbird, 180.759; 13, Terry Laborite, Trinity, N.C.. Chevrolet Monte Cart, 180.548; 14, Todd Bodine, Charlotte, N.C., Ford Thunderbird, 180.542; 15. Rick Mast, Roc kbridge Baths, Va., Ford Thunderbird. 150403,16. Lake Speed, Concord, N.C., Ford ThunAedwd, 180.403;17, Chad Little, Charlotte, N.C., Ford Thunderbird, 180.403;18, Ricky Rudd, Lake Norman, N.C., Ford Thunderbird, 180.282; 19, Bill Elliott, Blairsville, Ga., Ford Thunderbird, 180.228;20, Jeff Burton, South Boston, Va.. Ford Thunderbird, 180.216. 21, Darrell Waltrip, Franklin, Tenn., Chevrolet Monte Carlo, 180.192;22, Dale Jarrett, Hickory, N.C., Ford Thunderbird, 180.126: 23. Bobby Hamilton, Nashville, Tenn., Pontiac Grand Pnx, 180.102;24, Rusty Wallace. Concord, N.C., Ford Thunderbird, 180.096;25. Robert Pressley, Asheville, N.C., Chevrolet Monte Carlo, 180.084;26, Derrike Cops, Huntersville, N.C., Ford Thunderbird, 179.946;27, Ted Musgrave, Troutman, N.C., Ford Thunderbird, 179.712;28, Ge- off Bodine, Julian, N.C., Ford Thun- derbird. 179.432; 29, Mike Wallace, Concord, N.C., Ford Tt+:rK"-1 uwnlo0 IxON panuquoo Z00E pug heel eJenbs 060-01, 10 sLW (Z) OMI olul xeldnp 6unsixe us 4liM pue! to heel eJenbs Z6L'OL spinlpgns of euO3!S leuo!-i 10 uopeolldde leld leu!j (L :6uiMollol e43 iep!suoo of M'd OVL le 966t 'EL eunr A8psenj uo 1UOuU9A 'uolBu!IJni3 Linos '196AS IGSJop 9L9 'luooy eousieluoo 'IIBH 40 tlol6ulting tAnOS e4i is 5upee4 ollgnd a plo4 IINA uo!sslwwoo 6uluu9ld uo48ulpng 4uiOS OU uses, 7 seconds. 2. Olivenio Rincon, Colombia, O.N.C.E., same time. 3. Vladislav Botinke, Russia, Gewiss- Sellan, 3 seconds behind. 4. Giuseppe Guerin, Italy, Navigate - Blue Storm, 26 behind. 5. Mariano Piccoh, Italy, Brescialat, 46. Cycling Kmart Classic Affiliation, W.Va. Fourth stew 1. lance Armstror gp Motorola. Austin, Texas, 4 hours, 41 r fn niutea, 5 seconds. 2. Luc Roosen, Flanders 2002, Bree, Belgium, 6 minutes, 23 seconds behind. 3. Frankie Andreu, Motorola, Dear- born. Mich., same time. 4. Chad Gerlach, Montgomery -Bee, Fair Oaks, Calif., 6:48 behind. 5. George Hincapie, Motorola, Char- lotte, N.C., 7:10. 6. Andy Bishop, Saab, Williston, VL, same time. Olreraff standings (After Four Stages) 1. Lance Armstrong. Motorola. Austin, Texas, 11 hours, 49 minutes, 29 sec- onds. 2. Frankie Andress, Motorola. Dear- born, Mich., 6 minutes, 11 seconds be- hind. 3. Brian Walton, Saturn, North Delta, British Columbia. 6:57. /. Steve Hogg, Chevrolet-L.A. Sheriff, Dana Point, Calif., 7:19. 5. Darren Baker, Montgomery -Bap. Chambersburg, Pa., 7:29. Tennis 966t LZ'9Z'SZ'DZAeW 699 U0909S 'VSA 91 4Am a3ue!Idul03 w spew s! u04e1!o!Ios s!41 303 'sWewelelS uollea!I! -!en() 1!wgns of pe6elnoo -u9 ele ssau!sne paumO UBLUO l pue ,(1!iou!y4 00to-SS9(Z08) 90V90 luowleA '1els843100 eA!ip ma!n u!elunoVj 000Z la e -ueyy IDelald 'u"ON uod uo4Dnllsuo0 4UegIa6u3 :01 sluewelels uo!leol)!IenC) 1!wgnS WINNr7d luewnilsu! !eloueu!l Nnuo NJ �s410 Jo puoq a to who) II�N 01 WM e41 u! Mom eyl wlo)�ed ST 1110N 1V931 L SDRON 1V931 north Country (9-U) June s semifinals: all matches 3:30 p.m. Match as Winner of Match 5 at Winner of Match 4 Match 9: Winner of Match 7 at Winner Of Match 6 Championships: to be announced Match 10: Winner of Matcn 9 at Winner of Match 8 DIVISION 11 Tuesday's Playdown: 3:30 p.m. Match 1: No.9 Fair Hzven (3-i G, at No. 8 Shwa t5-7) Thursday's quarterlmals: all matches 3s30 p.m. Match 2: Winner of Match 1 at No. 1 Burr 8 Burton (14-0) Match 3: No. 5 Springfield (7-6) at No. 4 Woodstock (9-4) Match 41 No. 7 Montpelier (4-5) at No. 2 Middlebury (8-2) Match S: No. 6 Mount Mansfield (45)at No. 3 Hartford (10-4) June S semifinals: all matches 3:30 p.m. Match 6: Winner of Match 3 at Winner of Match 2 Match 7: Winner of Match 5 at Winner of Match 4 Championships: to be announced Match 8: Winner of Match 7 at Winner of Match 6 Softball High school Colchester IS, Mt. Abraham 4 Colchester 311 413 3-16 15 6 Mt. Abraham 100 020 1-4 6 6 Nicole Carpenter and Michelle Devmo, Blase Minor (3) Ladue (6) and Bussiere, Sheppard (31. B,rss'ere 16' V'p- uwnlo0 IxeN penuguoo of Ai!I!ge 11041 10 soue -insse leloueu0 ep!Aoid of pellnbel eq Aew slot -oequoogns 'u0q!PPe ul mel Aq pel!nbel lO SJUBW -noo(i p!e 941 u! pagtoads se sluewel!nbeJ 19601 je410 pue 'leluewuw!A -ire 'Aisles luopeulwll3sip -uou deo!pus4 IrOG 03S 6uipnl3u) tlopeulwPOSIP -uou 'ebilm 'luewAoldwe Lipm Aldwo3 of pei!nbei eq IlgLs sioloslluoognS 91 sunr depsen j <q 4!!01Is J!a41 to pelylou eq II!m siappiq 1e41 pel3edxe s! Il Uol6uiline Lino$$ 1S geJJej 09 '313 'sluudenle 1V031 Rean:pa,yH 91,, 2. Allen, Jordan, R, 5: MA. 4x10(r: IAA, Lam. 40 Tenon. L, 3 E BlerKa. PA Erwin. MA. L 15-6§z 2. V, Javelin: Owci.inan. R, 1 Arm,. FA. Gore.-o v R Pascarella, R don. R. Nigh 2. Coddaue,F Erwin, MA. Mudsell, MA. R, 33.544; 2. u 4x400: L L R,ce BFA-St. Albl billion 46 100- 1 per, M, 3. 1 Driver, BFA, Frappier, M. 4 2. Ch,appmel MVU. Boo - Desrochers. A - 1. Jones,f Sawyer, BFA 11:51; 2. Burt 100 hurdles 2. Hubbarc M hurdles - Hubbard, MW I. MVU Gagnon) 54.9; (Driver, Sawy 4:16.0 (school uwnlo3IxON panultuoO wool elgel!eAe ale stub) uo!1e34!len0 S661 Zt eunr ue41 'Biel ou 4lJagle6u3 01 lu"011IS uo!lewl0IUl 103 ue 10 (SOEV luewnlo0 VIV) luawelelS uoneo!I!len0 e 1!wgns of pennbel ale sJol3equoogns '41!lenb 01 6ulujeM Isl4 ego lud puodsel loss p!p o4m siappiq palseselu,. eso41 of Li!unuoddo 8A!6 of 'toeloid s141 bu!wem -ei /iq 'iue)ui s,,fsumO ego s! ii -ul e6e Aplenbeld pesu IOU op '6ulweM SI0O43S Ai! uol6uilin8 41noS, e41 J. pell!lenbeJd o4m seep p!e 'loelold si41 6uipp!q u! pelselelu! SloloellUO3 L SDRON 1VO31 uwnt -qns P, ale '17 ' 100113� -!ppe ( Jill sat ya6u3 uolbill PLANNING COMMISSION 10 JANUARY 1995 page 11 shall be submitted to the C_itv�Attornev�for r ap�roval�and �shall �be recorded �in�the South Burlington�Land-Recordsprior �to�issuance of �a�zonin� 7. Prior to issuance of_a_zoning_oermitL_the_develooer_shall r_e_i_m_bu_r_s_eth_e__-C_it_v $11.62Woer-linear�foot Wof frontage for the 1976�sewer line extension. 8. The applicant shallWbe-resoonsible�for �installing-a�new �fire hydrant_ad4acent�to�the �new 24�inch WCWD line-along_the_northWside of I-89.� This is necess_aEy order top vide�orooer�fire pro- tection._ 9. All lighting�shall�be�downcasting—and_shielded�so�as�not to cast light�hevond�therooertvWline. A_nv�change�in�lightiLnWmust beraaooroved�by�theCity_Planner_crior�to�installation. Prior�to issuance of a zo_ni_n_germity-the-appli_c_a_n_t__sh_a_llsubm_it_de_t_ai_l_s_ ofWor000sed_huilding�mounted�lights�to Planner for approval. 10. The _zon_i_n_goermit�shall �be�obtained �within �6 months �or�this aooroval�is�null �and Wvoid. 11. The _aM icant�shall�obtaina Certificate -of OccuoanSLyZ2 pli- ance�from�the AdministrativeWOfficer_orior�to�occuoancv�of�the buildirom Administrative .._._.�._._._._. 12. Anv_change.to �the �aooroved_site�plan �shall �reguire�Planning Commissionaroval . Mr. Crow seconded. Motioa_passed..unanimously. 9. Sketch plan application of Germain LeClair for the subdivision of a 43,560 sq. ft. lot into two lots of 9500 sq. ft. (lots 1 & 2) and one lot of 24,560 sq. ft. (lot 3), 185 Patchen Rd: Mr. Morin said they would like access to the back lots from Arbor Rd. They still don't know who owns Arbor Rd. Mr. Weith said the city has an irrevokable offer of dedication. The road is done, but the owner gave an easement to Vermont Gas, and the city won't accept the road with any incumbrances. The bank may own the road or the condo association. Mr. Weith said there must be 5 ft. for snow storage. Mr. Morin said there is plenty of room, but the area won't be paved. Mr. Weith suggested actually showing the driveway in the 20 ft. right of way, which will show room for snow storage. Mr. Morin agreed to do this. PLANNING COMMISSION 10 January 1995 page 12 As there was no further business to come before the Commission, the meeting adjourned at 10:25 pm. Clerk PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 May 26, 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, June 2, 1995. If you have any questions, please give me a call. Sin ely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls cc: Gerald LeClair Preliminary Memo - Planning June 13, 1995 agenda items May 26, 1995 Page 2 --- applicant should provide a list of those permitted and conditional uses in the IC District for which approval is being sought (conditional uses need approval from the ZBA). Approval can be granted for multiple uses with the condition that approval of each tenant must be obtained from the City Planner as long as the uses fit within the maximum number of parking spaces available, the sewer allocation and the number of P.M. peak hour trip ends approved. --- applicant should indicate the sewer allocation and maximum number of trip ends being requested. The applicant should be aware the road impact fee is based on the number of trip ends approved and the sewer impact fee is based on the number of gpd approved. --- show locations of exterior light fixtures and indicate the type and wattage of each fixture (provide cut -sheets). --- indicate type of dumpster enclosure proposed. --- the subdivision approval, which included this lot, required that the developer either contribute $15 per linear foot of frontage or build the sidewalk along the frontage. Staff recommends that the developer pay the fee. --- applicant should provide a bike rack as required under Section 26.253(b) of the zoning regulations. --- applicant should submit a lot merger agreement for review and approval by the City Attorney. This legal document should be recorded prior to issuance of a zoning permit. --- landscaping key for plants does not match the call -out on plan. GERMAINE LECLAIR - 3 LOT SUBDIVISION - SKETCH PLAN --- provide building and overall coverage information for lot #3 as proposed. --- plan should show a sidewalk along the property's frontage on Patchen Road in a location approved by the City Engineer. --- building envelope shown for lot #1 is incorrect (see Exhibit 28A of the zoning regulations). It should be 30 feet from Arbor Road and from east boundary and 10 feet from north and south boundary lines. --- the rear portion of the garage/barn must be at least 30 feet from the west boundary of lot #3. This distance scales to be 28 feet. Clarify which portion of the building will be removed. --- provide the number of bedrooms proposed for lots #1 and #2 in K Preliminary Memo - Planning June 13, 1995 agenda items May 26, 1995 Page 3 --- indicate the use of the garage/barn. This building can only be used for storage related to the dwelling at 185 Patchen Road. --- the applicant should be aware that development of lots #1 and #2 will be subject to school, road and recreation impact fees. W. SPENCER BAKER - BOUNDARY ADJUSTMENT - SKETCH PLAN Sketch plan should be revised to include the following additional information (this information is required under Section 201.1 of the subdivision regulations). --- locations of all structures of both lots. --- existing zoning boundaries --- type of, location and size of existing and proposed water and sewer lines. ICV CONSTRUCTION, INC. - CANOPY - SITE PLAN --- provide planting plan including additional plantings to meet the landscaping requirement of $168 unless a waiver is being requested. --- provide square footage of office space, the number of non - office employees and the number of company vehicles operating from the premises. --- the size of the existing building increased in size since the 6/20/89 approval from 138'x 114' (15,732 square feet) to 141'.1"x 115.4" (16,271 square feet), building and overall coverage information should be revised accordingly. --- provide front yard coverage information along Gregory Drive. --- the note on the plan indicating that phase 1 is "proposed" should be replaced with "existing". --- provide total number of employees --- a bike rack should be provided as required under Section 26.253(b) of the zoning regulations. --- plan should be revised to indicate the correct setback requirement along the east boundary is 15 feet, not 30 feet. 3 M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for June 13, 1995 Meeting Date: May 24, 1995 I have reviewed the following site plans and my comments are as follows: 1. W.W. Grainger, Inc. Dated 5/16/95 Lot 13 Green Tree Park Project No. 88155 Acceptable 2. Ken Smith Property Dated 4/28/95 Commerce Avenue Project No. 95039 The plan is acceptable with one (1) requirement. Due to the length of the building and the location of the nearest hydrant, one (1) additional hydrant is needed to be located at or near the south end of the parking lot. I would prefer that the hydrant be installed on the east side of unit 5. 3. Lionel Sicotte Dated 5/6/95 Project No. 2519 Acceptable 4. 625 Hinesburg Road Acceptable 5. Germaine LeClair 185 Patchen Road Acceptable 6. Baker and Bowes Property 123 & 251 Shunpike Road Acceptable 7. Olde Dorset 1001 Dorset Street Acceptable Dated 5/8/95 Project No. 95017 Dated 5/15/95 Project No. 9520 Dated 5/15/95 Project No. 947002 Dated 5/15/95 CITY OF SOUTH BURLINGTON Subdivision Application - PRELIMINARY PLAT 1) Name of Applicantg AIL M A., ty,F- m _ Lrz-c-U -t 2 2) Name of Subdivision f6Ue>QNU►Slyr.J 3) Submit Subdivision Fee 4) Describe Subdivision (,i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses) : SuBQ (ylSto►-) . 4T- ez,-s 5) Indicate any changes to name, address, or phone numbers of owner of record, applicant, or contact person since sketch plan application: tNoN 6) Name, address, and phone number of: a. Engineer b. Surveyor d. Plat Designer �• �.- 1 Z� P2Lh� I C� a LJC-4 fEy TfW 1. U T o -�-yti Jr., 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: 1 8) List names and mailing addresses of owners of record of all contiguous properties:, k Ppim(PA L,,(32,jL (2) 1--�-� C,� A- �ll i-�--f�F��r) 3r� l..i.► � C�C i A-�.. �#'�o ti �.y ► L< < �4-�.. 0 _Q.YAN? ,f 11. c(�..i ('I Crwcc 6) ► 4F— OV �2 (_-A-ICI 0,4c� I A-2.43o2 Pz- . OF VT. Z�c 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application: Qip PDsEp T4R y?_! Fog �. (3�� ►-Z+>�, VT. ���JI i�2.�-0�T Lam_ 5��.,r�� 10) COST ESTIMATES for Planned Unit Developments, multi -family and commercial and industrial complexes: a) Buildings c >r-'(E 21� (D(�C'5- b) Landscaping c) All other site improvements (e.g., curb work 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi- family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour P.M. peak hour N Average daily traffic % of trucks 12) Attach FIVE copies and ONE reduced copy (11 x 17) of preliminary map showing the following information: a) Proposed subdivision name or identifying title and the name of the City.. b) Name and address of owner of record, subdivider and designer of Preliminary Plat. c) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 2 d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property to be subdi- vided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately main- tained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of exist- ing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. i) Numerical and graphic scale, date and truce north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sani- tary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culvert which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless on existing street intersection is -shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 3 13) Development timetable (including number of phases, and start and completion dates) : Q 0A-SfF — C�) Nf-.4_ i 1ouSE 14) List the waivers applicant desires from the requirements of these regulations: 0 15) 1) All existing subdivision, approximate tract lines and acreage of adjacent parcels, together with the names of the records owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or pro- posed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. (Signature) applicant or contact person 4 CITY OF SOUTH BURLINGTON Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant �2IVlA I ly� Nl _ Lt GL4-t 2 2) Name of Subdivision C�,tiAp,)wP L"� L4-10 Fy66 �y►S �c�t�J 3) Submit Subdivision Fee 4) Describe Subdivision (,i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses) : jA4EE- Lo 1 wB0 t lStUt-� _ G1'U,(Iz�U4T- - 2F,-sIoFF,�7i1 t_ySL 5) Indicate any changes to name, address, or phone numbers of owner of record, applicant, or contact person since sketch plan application: NoP r2- 6) Name, address, and phone number of: a. Engineer b . Surveyor —L�1 A4L4 V . V ) A42Z —� Lffr2w�-o of LA-n-j n S L-jr2w E y�o24 c . d. Plat Designer 1 Z.Ie-, P(2-t 'Z l-U4 fE3 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: E( , A-r�orz 2 I 8) List names and mailing addresses of owners of record of all contiguous properties :U ,Vsr_am,/� l _ l-��M�r�L� L-32A- t C) A. W 1L (.y ► L.[ t A_A,,, cL A42,e44- (� . (���YA-►.� sf' 11�1�� �'► C.wcc. �l � � OV(�L. LA-1�. �A�•, I l �A24iorL (2A OF UT. ZNc . 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application: ?ap pe_ -E D -f4Q rf£. 1-a7- S�3 p(v� SoN F5)(L. l a ckA- t 2 t i �� P arm, (44;s� � . (3 u 2C.�, ►-r-�-r��,y T . �� � _ 11 i�2ryt.o �T LA-� S �2.�r� 2� 10) COST ESTIMATES for Planned Unit Developments, multi -family and commercial and industrial complexes: a) Buildings Ia_s (pr�Cu� b) Landscaping c) All other site improvements (e.g., curb work 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi- family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour 1V P.M. peak hour Average daily traffic % of trucks 12) Attach FIVE copies and ONE reduced copy (11 x 17) of preliminary map showing the following information: a) Proposed subdivision name or identifying title and the name of the City.. b) Name and address of owner of record, subdivider and designer of Preliminary Plat. c) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 2 d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property to be subdi- vided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately main- tained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of exist- ing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. i) Numerical and graphic scale, date and truce north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sani- tary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culvert which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless on existing street intersection is -shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 3 13) Development timetable (including number of phases, and start and completion dates) : c.) �� UZI {i atSFZ7 — C;) W-oySIF 14) List the waivers applicant desires from the requirements of these regulations: 15) 1) All existing subdivision, approximate tract lines and acreage of adjacent parcels, together with the names of the records owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or pro- posed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. eelm a,t, (Signature) applicant or contact person 4 Memorandum January 10, January 6, Page 8 - Planning 1995 agenda items 1995 9) GERMAINE LECLAIR - 3 LOT SUBDIVISION - SKETCH PLAN This project consists of the subdivision of a 43,560 square foot lot into two(2) lots of 9500 square feet (lots #1 and 2) and one (1) lot of 24,560 square feet (lot #3). Lot #3 is currently developed with a single family dwelling and a large accessory structure. This property was reviewed on 10/25/94 (minutes enclosed) for a proposed PUD. This property located at 185 Patchen Road lies within the R4 District. It is bounded on the south by a day care center with an apartment and the Summer Woods residential development, on the west by Summer Woods, on the north by undeveloped property and on the east by Patchen Road. Access: Access is currently provided by an 18 foot curb cut on Patchen Road which is proposed to be widened to 20 feet. A 20 foot curb cut is proposed on Arbor Road, a private street serving Summer Woods. A driveway connecting both curb cuts would be provided thereby giving the entire property access to either street. Section 26.103(b) of the zoning regulations requires that all driveways be at least 12 feet in width. The cul-de-sac streets serving Summer Woods currently provide access to 43 dwelling units and a day care facility. Allowing access from this development to these streets will not exceed the 50 unit limit required under Section 401.1(7) of the subdivision regulations. Arbor Road is currently a private street which is to eventually become a public street. Until such time as the street becomes public, the applicant may need to obtain an easement over the street to Patchen Road. Lot size/frontage: All three (3) lots meet the minimum lot size requirement of 9500 square feet. Lot #1 will meet the 80 foot frontage requirement on Arbor Road. Lot #3 meets the 100 foot frontage requirement along Patchen Road. Lot #2 will not have frontage on a public street and will be served by a 20 foot r.o.w. Setbacks: The existing dwelling on lot #3 does not meet the 50 foot front setback requirement. This is an existing situation which is not being made worse by this application. The exiting accessory structure on lot #3 currently meets the setback Memorandum - Planning January 10, 1995 agenda items January 6, 1995 Page 9 requirements although the rear portion as the structure will project into the proposed lot #2. Consequently, a portion of this structure will have to be razed prior to recording the final plat to meet the setback requirements. Coverage: Building and overall coverage information for lot #3 should be included with the preliminary plat application. Sidewalk: A sidewalk should be provided along Patchen Road in an area approved by the City Engineer. Recreation: The applicant will be required to pay the recreation fee in effect at the time of issuance of a zoning permit for the new dwellings. Sewer fee: nearooms in allocation. Applicant should indicate the proposed number of the new dwellings in order to calculate sewer Other: The preliminary plat, in addition to including the information mentioned above, should include the following: --- all information required for a preliminary plat under Section 203 of the subdivision regulations. --- applicant should indicate the use of the garage/barn. --- the plat should indicate that the front setback along Patchen Road is 50 feet, not 30 feet as shown on sketch plan. I w w O q w R14LVD 4LL C. MUNSOLV VOL UME 129 PAGE .T96 PROPOSED 20 FT RIGHT OF WAY Q --95.00"— 12,— 95.00" PROPOSED / ----- --- 245.78' ---- — A ORlkF Y 1 ' CU WA7fR / 1/2 — EX/SANG ORAkFL ORIkF — .W., X — W— 0 -- — 308.9' — 309.3' — — �, �y �, f--- LOT Cr :2-- AREA _ LOT ,#�, 3 O i LOT 1 i cp 9, 504 SO. FT. p 309.5' I� O I O AREA 24 569 SQ. FT. I _ SET (3hc K 1i,/s POrpnaN # 20 FT SEiYER I OF 1fiE'61/w NC I _ TO BE REM04£O EA EMENT x 310. 3 PROPOSED M _ �-- — — S 95.00' 95.00' 24551, G UNDERGROUND EX/SANG ❑ r— UAL/AES R/M=.i09.0' 1,v;1 902. 0' DECKI IDECK Z 15 ARBOR ROAD KYLE' & R MEL 4 .DUBRUL VOL UME J68 PACE 247 / 17 ARBOR ROAD HELCA WHEELER VOL UME .T6.T PAGE 4.T5 N &J:T5:T0" W 4.T5.51 " 9 ARBOR ROAD N7LL" & W4R10,V GREEN VOL UME .T5T PACE 92 Z 11 ARBOR ROAD BRYf11V & k7OXY CILjfEE VOL UME J58 PAGE 102 SUMMER MOODS A5'SOCL4TION / 17i PATCHEN ROAD Th'E 0!ERL4AT .DWY SCHOOL OF VER AIT INC. VOL UME J40 PAGE 15T ti�W V 0 BOUNDARY NOTES 1. REFER TO THE FOLL OWNC PLANS : A. ",-LAN OF LAND OF ✓. L. & E. C. SHFA " DATED APR/L 1944 BY A. W H0A0 .LMEAT RECORDED IN VOL UME 11-1 PAGE 211. B. PLAN OF SUMMER WOODS DATED fCZ20/199-7 BY KREBS & ZANSINC CONSUL 77NG IRON PIPE FOUND 0 ENGINEERS INC. RECORDED /N PLAT BOOK 289 PAGE 107. IRON ROD FOUND 0 2. PROPERTY WAS ACQUIRED BY GERMAINE LECLAIR IN VOLUME J57 PAGE 485, 1,11911994. IRON PIPE TO BE SET TOTAL AREA EQUALS 1.00 ACRES. CONCRETE MONUMENT FOUND o POIfER POLE cw J PROPERTY DOES NOT EXCEED TWO FEET DIFFERENCE IN ELEVATION, THEREFORE SP07 STOCKADE FENCE ELEVATIONS ARE SHOWN INSTEAD OF CONTOURS. SCALE1 INCH = 30 FEET 0 30 �0 90 IZo l50 / CERTIFY THIS PLAN IS i4ASED UPON RECORD RESEARCH, A TOTAL STATION FIELD SURVEY, EXIS77NO FIELD EVIDENCE, SURVEYS AS NOTED, AND /NFORMA 27ON PROVIDED BY GERALD LECLAIR. RECEIVED MAY 15 1995 City of So. Burlington SEWER MANHOLE RIM ELEVATION = .T07.89" OO PRLLfA6W RY PLAT THREE LOT SUBDIVISION FOR GERffI4. ZVZ LL;'CLAIR ,011B5 PATCHEN ROAD 50. 5URLIN070N, VERMONT !ZRffOIVT LAND SURVEYORS 4050 W/LL/ST-ON ROAD 50. BURLINGTON, VERMONT 0540J 802-862-5661 DATE MAY 8 1995 SURVEYED M. W. & B.H. 11111111PRO✓ECT DRAWN 9RADFOR,0 HOLDEN 9520 CHECKED MARK V WARD PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 March 2, 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the January 10, 1995 Planning Commission meeting minutes. Please note that you have six (6) months from the sketch plan review to submit your application for preliminary plat approval. If you have any questions, please give me a call. Sincerely, 1 Joe Weith /" b City Planner RJB/mcp 1 Encl pc: Gerald LeClair No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 6, 1995 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, January 10, 1995 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Joe Weith, 1 /11 City Planner JW/mcp pc: Gerald LeClair PLANNING COMMISSION 25 October 1994 page 4 Planning Commission. Mr. Sheahan seconded. _Motion_Passed_unanimously. 6. Sketch plan application of Germaine LeClair to construct two single family dwellings on a 43,560 sq. ft. lot as a PUD on a lot currently developed with a single family dwelling and a large accessory structure, 185 Patchen Road: Mr. LeClair and Mr. Morin explained that this is the former Melna property. The LeClair lot backs up to Summer Woods. The plan is to build a structure for Mr. LeClair's mother and another house on the lot. They have had a problem getting plans of the Arbor Road area of Summer Woods. They want to tap into water and sewer lines, and they need the plans for this. The applicant is also asking the Commission to waive the 50 ft. setback because the lot is only 100 ft. wide. Mr. Sheahan noted that in a few years the owners will go to the Zoning Board and ask to subdivide. Mr Austin agreed. Mr. Teeson suggested a little less building (cutting off some of the garage). Mr Sheahan and Mrs. Maher agreed. Mr. Austin and Mrs. Maher did not feel the PUD qualifications were met. The only way to meet the requirements would be to reduce the size of the garage. Mr. Burgess asked the City Planner to get "as built" plans. Members agreed there has to be another alternative as a PUD is not workable. Members said they would rather see a 3-unit sub- division. The Arbor Rd. question would also have to be solved. 7. Public Hearing: Revised Final Plat application of Green Acres, Inc., c/o Ralph Goodrich, to amend a previously approved subdivision of 116.7 acres of land into 12 lots, Hinesburg Rd. This amendment consists of resubdividing the 116.7 acres of land into 10 lots ranging in size from 3.06 acres to 43.98 acres: Messrs. Burgess and Sheahan stepped down due to conflicts of interest. Mr. Goodrich said that since September's appearance, they have enlarged lot 10 which is now 8 acres and reduced lot 1 to 40 acres. The 50 ft. easement to serve lot 10 has been revised to meet staff concerns. SIMf, EM V` 00M ASSOC. v E%HTN► �O'f1RLNt IROK 1�h1 N aefW WE ROW PN TIca.o 11 5UMMEFZ V41001;15 ASSOC. THE GHILDRENS 5GH00L LOCATION OF PRZP9RTY RSLAr" W A NWOUM N& AR11A MUN50N voL of rr e�is Y L I �� I II w�veinRne II I II iC'RMANE L6Gl.AR PR014It1Y I I 155 PATGFCN ROAD II II I EXI55TIN& C0NDI710N5 I II II II II II II it RxMrm for" I'm I I TAYG N RDAA JL=----y - -- �-- - SUMMER WOODS ASSOC. --- ----------------- -- ARDOR ROAD Exflrm w-"m pe O I' M `IW 1 SUMMER WOODS ASSOG. C THE GHILDRENS 50HOOL o •t Q .�- •trrnrrww�rr 4n1N1vt 1N� n�ewrrrrr nxhellwwo 0 15 9G' b0 90 i a5C>O LOT 01 w L III r---- = L= �sArcHW Rae.D MUN50N VOL 06 ro &a b?MY6 &EKHAINr_ L>=C.LAIR MOMWTY OS PArCMEN RDAD PROPOSED PLAN DI-05"15 PROPOSAL FOR SUBDIVISION OF 6ERMAINE LEGLAIR PROPERTY -I85 PATGHEN RD, 503URLINGTON. V7 ,Cr.-- I V JAN04 19q City of So. Burlington SUMMER WOODS ASSOC. &- l7,,,,.I-IN—. c,APPM MfiiK Ud ACODS A550G. --- ----- -- ARDO--- RlW----- Ap-------- ��.,� ARDORIIOAD----- ww"W exsrw W-mm ue epumac Cu" GUT IROK t'Irl Node 94• a PON PIN IRON Ph IOQ.O 100.0 .�. . i I C1500 5OFT LOT #1 LvI ArKM OF PWzVW[TY RKLArWH TO AARO{M H& AMA moo• , I I Tn ( SUMMER A00VS AS50G_ M SUMMER WOODS ASSOG. p A IiR � •R R MUN50N o e MUN50N veer rye Ps rye _ von ear ►s eee to, sm wnmeK 1�' O DC eersAGK ID' bme SeTDAt.K ►J' 9 De eeTbokC n I iR �r X y� iwrpar'MiVt I THE GH ILDRENS SCHOOL vwtpft II I . THE GHILDREN5 5GHOOL I �ii I L ' II I 6eRMANE L6GLAR rROPCRTY OMMA NC L=LAK TICOPCI[TY 155 PATC+EN ROAD Wry PhTC1�N ROhD II II �XI3YIN6 GONDI710N5 P opc-SE= PLAN MIVII _ _ II II �ewser�w..�.r.��oa�wrrww II i � �aiPrMr. II _ _�aDrr•w RDAD •" JL, I" = 30' `. 'j PAMGMROAD �rATCHeN PROPOSAL FOR SUBDIVISION OF GERMAINE LEGLAIR PROPERTY -I85 PA7GHEN RD, 50.BURLIN6ION. V7 R E ( " ' I V E D jAN 0 4 199 City of So. Burlington Preliminary Memc, ) Planning January 10, 1995 agenda items December 13, 1994 Page 2 GERMAINE LECLAIR - 3 LOT SUBDIVISION - SKETCH PLAN --- lot #3 should be labeled. --- staff has to determine how to apply front, side and rear setbacks to lot #2, staff suggests that since the house faces north that this be the front yard, the south would be the rear and the sides would be to the east and west. This would mean that the house proposed on lot #2 would have to be moved 30 feet from the southerly property line. --- a portion of the large accessory structure on lot #3 projects into lot #2. A portion of this structure will have to be razed as shown on the plan prior to recording the final plat. The final plat must be recorded within 90 days of approval. --- the setback from Patchen Road is 50 feet not 30 feet. --- existing gravel drive location is not clear. --- where will driveway come out on to Patchen Road? --- is applicant proposing to access Arbor Road? JOHN LARKIN - NURSING/CONVALESCENT HOME - SITE PLAN --- submit site plan application and $50 fee. This item will not be placed on a Planning Commission agenda until the application and fee are received. --- plan should include contour lines. --- provide estimated cost of the building. --- provide planting schedule. --- show water and sewer lines. --- indicate location of nearest fire hydrant. --- show location C.O. District (50 feet from center of the stream). --- provide cut sheets for all exterior lights, show locations of building mounted lights. --- show dumpster location (must be screened). --- indicate number of persons residing in facility (for sewer calculation). --- provide bike rack as required under Section 26.253(b) of the zoning regulations. --- submit information to Wagner, Heindel and Noyes which is required under Section 23.20 of the zoning regulations regarding stormwater management design. --- application indicates approval is for 64 units yet plan indicates 60 units, which is the correct number? --- indicate number of staff or visited doctor and the number of employees. --- parking requirements do not appear to be met, the 60 units on the plan require 21 spaces and this does not include what is needed for staff and employees. --- handicapped spaces should be shown. --- Official map shows a recreation path along the westerly boundary. The Recreation Path Committee will be requested to comment. ALLEN ROAD COMMUNITY CARE CENTER - 90 ALLEN ROAD 1. Utilities (mainly water and sewer) serving the facility should be shown on the plans. 2. Allen Road frontage should include a concrete sidewalk. 3. Site drainage shall be shown on the plans. GERMAINE LECLAIR PROPERTY - 185 PATCHEN ROAD 1. Water and sewer mains should be shown on the plans. 2. The private drive should have a turn -around sufficient to accommodate emergency vehicles and equipment. 3. Each lot must be sewered separately to a city main. The sewer main must start and terminate with a manhole. Spacing between manholes shall not exceed 300 feet. The main must be an 8-inch one. House services must be 4- or 6-inch. The main shall be within a 20-foot easement. 2 Memorandum October 25, October 21, Page 5 - Planning 1994 agenda items 1994 7) GERMAINE LECLAIR - 3 UNIT PUD - SKETCH PLAN This project consists of constructing two (2) single family dwellings on a 43,560 square foot lot as a PUD on a lot currently developed with a single family dwelling and a large accessory structure. This property located at 185 Patchen Road lies within the R4 District. It is bounded on the south by a day care center with an apartment and the Summer Woods residential development, on the west by Summer Woods, on the north by undeveloped property and on the east by Patchen Road. Access: Access is currently provided by an 18 foot curb cut on Patchen Road. A 22 foot curb cut is proposed on Arbor Road, a private street serving Summer Woods. A driveway connecting both curb cuts would be provided thereby giving the entire property access to either street. Section 26.103(b) of the zoning regulations requires that all driveways be at least 12 feet in width. The cul-de-sac streets serving Summer Woods currently provide access to 43 dwelling units and a day care facility. Allowing access from this development to these streets will not exceed the 50 unit limit required under Section 401.1(7) of the subdivision regulations. Density: The base maximum density allowable under Section 26.152(a) of the zoning regulations is 3.4 units and three (3) units are proposed. Section 26.152(b) allows the Planning Commission to increase the density up to the normal maximum per district (Section 25.00) according to the degree to which the development satisfies the general standards listed in Section 26.151 and the specific standards for a PUD or PRD in a given district. The normal maximum is four (4) units. PUD perimeter: The PUD perimeter setback under Article XXV, Table 25-1 of the zoning regulations is 50 feet. This requirement results in no portion of the lot available for development since it is only 100 feet wide. Section 26.154 of the zoning regulations prohibits the use of the PUD perimeter for structures, parking and access drives other than those connecting directly to a street. The plan shows structures located within 12 feet of the property line and pavement located within one foot of the property line. Section 9.404 of the zoning regulations allows the Planning Commission to modify the PUD perimeter requirements. 5 Memorandum October 25, October 21, Page 6 - Planning 1994 agenda items 1994 Landscaping: The minimum landscaping requirement provision applies to the new dwellings. The estimated cost of these structures should be submitted. The preliminary plat should contain a detailed landscape plan. Coverage: Building and overall coverage information should be included with the preliminary plat application. Sidewalk: A sidewalk should be provided along Patchen Road in an area approved by the City Engineer. Other: The preliminary plat, in addition to including the information mentioned above, should include the following: --- a report addressing the PUD criteria contained in Section 26.151 of the zoning regulations. --- all information required for a preliminary plat under Section 203 of the subdivision regulations. --- applicant should indicate the use of the garage/barn. Recreation fee: The applicant will be required to pay the recreation fee in effect at the time of issuance of a zoning/building permit for the new dwellings. Sewer fee: Applicant should indicate the proposed number of bedrooms in the new dwellings in order to calculate sewer allocation. 8) GREEN ACRES, INC. - RESUBDIVISION - REVISED FINAL PLAT This project consists of amending a previously approved 12 lot subdivision by resubdividing six (6) lots into three (3) lots and one (1) lot into two (2) lots resulting in two (2) fewer lots for a total of 10 lots, Hinesburg Road. This is the resubdivision of a 12 lot subdivision approved on 6/28/94. The preliminary plat was approved on 9/20/94 (minutes enclosed). This project now consists of the subdivision of a 116.7 acre lot into 10 lots ranging in size from 3.06 acres to 43.98 acres. This property located on the east side of Hinesburg Road lies within the Industrial and Open Space District. The property is N. ONE TWENTY-EIGHT PRIM ROAD, GOLGHESTER, VT 05446 PH0NE(802)865-6181 FAX(802)862-1180 F N G� Sg L-) AP2-� I - P �a(?- S j:�g-CZA PXA2F,-� i 0c� aP 71-44 qF�MA-(t,� CL-*oaA S ue D x V tS tv r---) 4-i` tC3 ' PA-T-e:-- V�� (tea A---O . W-u 0�741 V1 S 4AZ�p J-4� Q fg- t N 4 eb 1—v sz P2Tyg i w 2t,44zb. . CA-f.j q F;�-z GS cn r-D l AF— Lk L" 04?- olR�-1"11• y6U0 - flWFP-: Vf" 4rg/4r� -�:� i?-� �},ppa� a� �T. T14e- w fE';�r—I nvF: YO u2 S. z'l1 �r� Ste _ R�SE,.RGH / IZ;lE51(:SipN / cf, Nl L)1 7AN71T L eA-AR SUMMER NOOD5 ASSOC. �\ barrwMbf7ta.le 3 mcmph7. "09ev94•e- ROW PIN 100.0 DEC, 0 5 1994 U01ty of So. Buriington SUMMER Y'{OOD5 A550G THE CHILDR-ENS 5CH00L ---N ` � SUMMER YVOOD5 RSSOG. n _ mavrw term are ON PIN IOGATgN OP PROPatTY lBJ.Tn/E TO6Jtl0001Gi16 AAA R MUN50N 6 VOL Me ro sne + o-swx iynu+"'.t 11 4 I l l VlLrlwk 11 I �i II 6eR*IAM LtY.1.AR PR°PeRTr II I" PATc4c%ROAD II II EXrYM* GONDM ON u n u u n II II rocKnea_--------- WKWr MMIM arm !! 1•AYQRH ROAD SUMMER YV00D5 RS50G. 100.0 44500T ' LOT 01 LOT #2 ; I I �I IIY I 'I sxwrwI THE U fILDRENS SCHOOL , u MUN50N VOL tmro sa • 11 it�Mt� LtiGUAc PRO/t!RTY s = I I 85 PATGILN ROAD I I PROPOSED PLAN � II-2a-a4 e II u u 15 qo I" �✓O ' are PATWeNRMD PROPOSAL FOR SU5D1\/15ION OF GERMAINE LSGLAIR PROPERTY -155 PAT�/H.N RD, 50.SURl.IN&TON. V City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 7, 1994 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Unit PUD, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the October 25, 1994 Planning Commission meeting minutes. If you have any ques ions, please give me a call. i cer ly 1 J e Weith, C ty Planner JW/mcp 1 Encl cc: Gerald LeClair City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 23, 1994 Michael Morin 128 Prim Road Colchester, VT 05446 Re: 3 Lot Subdivision, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed please find preliminary comments on the above referenced project from City Engineer, Bill Szymanski, Fire Chief, Wally Possich, and myself. Please respond to these comments, if appropriate, with revised plans and/or additional information, no later than Friday, December 30, 1994. If you have any questions, please give me a call. Sin rely, -<) - - s J'- � Raymond J. Belair Zoning and Planning Assistant Encls. pc: Gerald LeClair �:�-uutb N urlingtnn N ire Department 575 Ilarset Street ,1 Y —!A,uuth ISurlingtun. Vermunt 05403 FAX: (802) 658-4748 (802) 658-7960 TO: South Burlington Planning Commission FROM: Wallace Possich, Fire Chief 17. DATE: December 19, 1994 RE: Plans Review for January 10, 1995 Meeting I have reviewed the following plans and my comments are attached: 1. 1751 Spear St. Subdivision Plat Acceptable 2. Germaine Leclair Property 185 Patchen Rd. Acceptable 3. Allen Rd. Community Care 90 Alien Rd. Dated 12-12-94 Project No. 94066-40 Dated 12-5-94 Dated 12-15-94 More information is needed on water supply and planned hydrant locations. At least two (2) hydrants are needed in the complex. Otherwise, acceptable 4. Digital Equipment Corp. Kimball Ave. Acceptable 5. Office Building 20 Farrell Street Acceptable 6. 3 Lot Subdivision Airport Parkway Acceptable Dated 12-6-94 Project No. 93001-51 Dated 11/23/94 Dated 10/24/94 CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Germaine LeClair 85 South Crest Drive Burlington, Vermont 05401 b . Applicant Germaine LeClair C. Contact Michael R. Morin - RDC 128 Prim Road Colchester, VT 05446 '(8M)863-6187- - - ��/. - , <<, � _.. � 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 3 Lot Subdivision of LeClair property at 185 Patchen Road Divide Property into 3 Lots for Residential use with all services coming from Patchen Road. 3) Applicant's legal interest in the property (fee simple, option, etc. Fee Simple 4) Names of owners of record of all contiguous properties Munson Summerwoods Association The Children's School 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Sewer and Water to Come from Patchen Road 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type -and-location of existing and proposed -restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signature) applicant or contact person Date MiaN50K VoLa6r4p" 324-1w L' FL f I 44 �I �r�ytie ovslMs f D�l1F6 THE CHLDREK5 SCHOOL THE CHL IDREN5 SCHOOL f f It L EOLAR STY LroI IL.LAT/JC-L.,A` Or Ti I FXSTViS C44C*rk>R5 f pRopueep FLAX 5c.Aub P - w4o, Wool -aa o.. l SCFJ.C. r 90'-O• �PROP05AL FOR 5UB1) IV 510N OF LEGLAIR PROPERTY —05 PATUEN RD, 50BURLIN1GTON. VT —I m 4:1 4 L,, Fa Ci Sl 4 T U E 1 — A �: L F� E F: '-, i=iRDhaER _ 03 ;lu�r..r.+wry l• CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1.) Name, address, and phone number of: C a. Owner of record Germaine LeClair 85 South Crest Drive Burlington, Vermont 05401 b . Applicant Germaine LeClair c. Contact Michael R. Morin - RDC 128 Prim Road Colchester, VT 05446 -(8'(72) 86 3--t 187- 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 3 Lot Subdivision of LeClair property at 185 Patchen Road Divide Property into 3 Lots for Residential use with all services coming from Fatchen Road. 3) Applicant's legal, interest in the property (fee simple, option, etc. Fee Simple 4) Names of owners of record of all contiguous properties Munson Summerwoods Association The Children's School 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. F40 —29-94 TUE 1 2 - 47 GARDtaER&GARDNER P . 0 1 ONE TrfNTY-E&wT PkROAD, WLCHEMR VT. 05446 'HONE i�C�; °+n?-61P.� FAx i802)a-Rb0 DATE: �� G•� �-t �/ T0.- EAx #_ `t PHONE . A-15ER 0= PAC, -ES 5ENT INGLUPINO THIS Lf-,OVER �-R;Me-A-u --- M-1 s City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 21, 1994 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Unit PUD, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, October 25, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, lo!Weith, City Planner JW/mcp Encls cc: Gerald LeClair OCT 1 11994 City of So. Burlinj MUNSON VOL LM Pi V% 52 -4 4I $I THE GHILDRENS SCHOOL THE CH LDRENs 5CHOOL I I i gg('ii•,Y_S_s`_iil__� ��iR11EYi.0.Lbl'ClY� i LEGLAIR PROPERTY LEGLAIR PROPERTY O ExrIT1,16 8 -corms lows I PROPOSW PLAN T 5CAL , I'- 30`0' .a.l. .ea... V l scAU: r . 501-0- �I P1�.;i$IROAD ' sJ.T:MLN Q,'J>D PROF05AL FOR 5U50IV1510N OF LFGi-A R PROPERTY City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 20, 1994 Michael Morin 128 Prim Road Colchester, Vermont 05446 Re: 3 Unit PUD, 185 Patchen Road Dear Mr. Morin: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please submit revised plans and/or additional information as soon as possible. If you have any questions, please give me a call. Si ely, Gt' y ay nd J. Belair, Zoning and Planning Assistant RJB/mcp Encls cc: Gerald LeClair Preliminary Memorandum - Planning October 25, 1994 agenda items October 17, 1994 Page 2 width requirement. Plan should not indicate that this is a parking space and the note indicating 62 spaces should be revised to indicate 61 spaces. GREEN ACRES, INC. - RESUBDIVISION - REVISED FINAL PLAT --- sheet SP1A has not been revised to show the proposed recreation path easement along Muddy Brook located outside of the existing wetland and wetland buffer (condition 13d). --- a full set of drawings is needed for final plat. HANNAFORD BROTHERS COMPANY - PRIVATE ROADS - REVISED PRELIMINARY PLAT --- revised plans not needed for this application, plans should be revised for final plat to address Fire Chief's comments. GERMAINE LECLAIR - 3 UNIT PUD - SKETCH PLAN --- sketch plan must show type of, location, and approximate size of existing and proposed water and sewer lines and graphic scale. --- the PUD perimeter setback requirement is 50 feet. The Planning Commission may modify this requirement under Section 9.404 of the zoning regulations. --- applicant will need to obtain permission from the owner to access Arbor Road because it is a private road. --- the preliminary plat should include building and overall coverage information. --- the preliminary plat application should be accompanied by a report addressing the PUD criteria in Section 26.151 of the zoning regulations. --- provide estimated cost of new houses in order to determine landscaping requirement. --- preliminary plat should show a sidewalk along Patchen Road. --- applicant should specify use of the large garage/barn, it can only be used as related to the single family dwellings. Preliminary Memorandum October 25, 1994 agenda items October 7, 1994 Page 2 LECLAIR PROPERTY - 185 PATCHEN ROAD 1. Arbor Road is a private street and permission to access it will have to be obtained from the owners. 2. Services should be shown together with a drainage plan. 3. There should be a clearance of at least 5 feet for long driveways from the property lines for maintenance especially snow removal and fences. BROWN ANIMAL HOSPITAL - CALKINS COURT As built plans prepared by Brad Rabinowitz Architect are acceptable. SHERWIN WILLIAMS PLAZA - SHELBURNE STREET As built plans prepared by Lamoureux, Stone & O'Leary dated 9/9/94 are acceptable. 1 out1t ±� urltngtnn N ire Department 575 +D. ortiet -§�treet A �*outb -413urlingtnn, lRermnnt 054O3 M E M O R A N D U M FAX: (802) 658-4748 - - - - - - - - - - (802) 658-7960 To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for October 25, 1994 agenda items Date: October 17, 1994 I have reviewed the following plans and my comments are attached: 1. Sherwin Williams Plaza Project No. 94803 370 Shelburne Road Dated 9/30/94 Acceptable 2. Nowland II Project No. 92045 Dated 9/30/94 Acceptable 3. Brown Animal Hospital Calkins Court Dated 9/30/94 Acceptable 4. Germaine LeClair Dated 10/8/94 185 Patchen Road Acceptable 5. 110 Kirby Road Dated 9/26/94 Acceptable 6. Green Acres Industrial Park Project No. 86091-56 Hinesburg Road Dated 10/4/94 Acceptable 7. Southland Project No. 92085 Shelburne Road Dated 4/19/93 Two additional hydrants are recommended to be located at west ends of buildings "A" and "C" (at corners), especially if these buildings are to be sprinklered. Also Fire Lanes will be required. Otherwise acceptable. 7 CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: L a. Owner of record Germaine LeClair 85 South Crest Drive Burlington, Vermont 05401 b. Applicant Germaine LeClair lol LT C. Contact Michael R. Morin - R C)L IZ e..P2.t tic (Zb ACRE s o?yT• os 44 563- (.1 8-1 2) Purpose, location, and nature of subdivision or development, including number of lots, units,. or parcels and proposed use(s). Division of 3 Lot SubDivision 3) Applicant's legal interest in the property (fee simple, option, etc. 4) Names of owners of record of all. contiguous properties Munson Summerwoods Association The Children's School 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None I 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Extension of Sewer Line and Water from Arbor Road to accomodate two (2) new dwellings on Existing Lot. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning CommissiQn which affect the proposed subdivision, and include the (lates of such actions: None 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signature) applicant or contact person Date 1 I. 2 CE I V E b u i 1994 City of So. Buriim MUN50N yamrovw sx-ti THE CHILDREN5 5CHC !'�/-061t11l1AQ101tlYCMif �rolOmhwn.awy p�iR1 OFNVSeV PLAX f-8-a4 L�R�r�S�� ruR U 'JiVi510N yr :xo-(ILA R PROPER Y -05 P ,ATGr1EN R.i, .30.;vRi ,N6 N,'l