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BATCH - Supplemental - 0080 Bartlett Bay Road
PLANNING & Z©t]ING October 19, 2017 Bob Irish 100 Park Road So. Burlington, VT 05403 RE: Letter of October 4, 2017 Dear Mr. Irish: This is in response to your letter to me dated October 4, 2017 requesting confirmation that lot "B" on the subdivision plat approved on 1 /8/08 is a "building lot". I have researched the question and it is my opinion that this lot is a developable lot. This lot could be developed with a single family dwelling upon compliance with the applicable conditions in subdivision approval #SD-07-79 (copy enclosed). Let me know if you have any questions. Sincerely, / Y Raymond J. Be air Administrative Officer 57S Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 WWW.sburl.com October 4, 2017 City of South Burlington Ray Belair, Administrative Officer 575 Dorset Street South Burlington, Vermont 05403 Ray: After your conversation with David Burke, O'Leary & Burke Civil Associates, and after discussing with Dan O'Rourke with Bergeron Paradis & Fitzpatrick, LLP they suggested I get confirmation that when 80 Bartlett Bay was subdivided in January of 2008 that Lot B was in fact a building lot. I had a deadline to complete the subdivision so was advised to do a "simple" two lot subdivision and further subdivide at a later date, which we did. Since this parcel was re -zoned LN - Lakeshore Neighborhood in 2006 to allow greater density and since 1 own the access, Lakeview Lane, I did not think there was any question as to the building lot status. However before going through the formal subdivision process it was felt I should get confirmation on this point. This has certainly been a complicated process and I really appreciate all of your input. Regards 0-6 Bob Irish C April 28, 2015 Ray Blaire, Administration Officer ,lames Barlow, City Attorney 575 Dorset Street South Burlington, VT 05403 RE: 15 Lakeview Lane Parcel ID # 1005-00015 SPAN # 600-188-17728 Dear Ray and Jim, Back in December of 2014 Ray met with Lance Llewellyn and Bob Irish to discuss the development of the property located at 15 Lakeview Lane, potentially being a 6 unit multifamily PUD. At that time Ray indicated, seemingly the first hurtle in the application process, was going to be the amount of dwellings constructed on a dead end street. Accordingly, city regulations only 50 residential units are allow to be accessed from a dead end street. As discussed, Bartlett Bay Road essentially becomes a dead end street at the railroad crossing going west. By Bob's unofficial count the number of houses accessed from Bartlett Bay Road at the point of the railroad crossing are 48 units. The Landings condominiums on South Beach Road add an additional 48 units bringing the total to 96 units. This is already over the 50 unit limit recommended in the Land Development Regulations sec 15 (J) At this point we would like to proceed with a PUD application which would add a maximum of 6 multifamily units on Lakeview Lane. However before going to the DRB with application we would appreciate another meeting with you both to discuss a formal opinion from the City on this issue of the 50 units on a dead end street. We would hope to get a determination of exposure from you Jim prior to goingto the DRB with formal application to help this process move smoothly. We look forward to hearing from you. Bob Irish is available to meet with you at your convenience. Thank you in advance. Sincerely, Bob'trish James Gratton Cc rb/jb/bi t 1111C eat 802-578-1546 Voice PO Box 12956 Wilmington, NC 28405 !6L,40 !I April 28, 2015 Ray Blaire, Administration Officer J-ames Barlow. City Attorney 575 Dorset Street South Burlington, VT 05403 RE: 15 Lakeview Lane Parcel ID # 1005-00015 SPAN # 600-188-17728 Dear Ray and Jim, Back in December of 2014 Ray met with Lance Llewellyn and Bob Irish to discuss the development of the property located at 15 Lakeview Lane, potentially being a 6 unit multifamily PUD. At that time Ray indicated, seemingly the first hurtle in the application process, was going to be the amount of dwellings constructed on a dead end street. Accordingly, city regulations only 50 residential units are allow to be accessed from a dead end street. As discussed, Bartlett Bay Road essentially becomes a dead end street at the railroad crossing going west. By Bob's unofficial count the number of houses accessed from Bartlett Bay Road at the point of the railroad crossing are 48 units. The Landings condominiums on South Beach Road add an additional 48 units bringing the total to 96 units. This is already over the 50 unit limit recommended in the Land Development Regulations sec 15 (J) At this point we would like to proceed with a PUD application which would add a maximum of 6 multifamily units on Lakeview Lane. However before going to the DRB with application we would appreciate another meeting with you both to discuss a formal opinion from the City on this issue of the 50 units on a dead end street. We would hope to get a determination of exposure from you Jim prior to going to the DRB with formal application to help this process move smoothly. We look forward to hearing from you. Bob Irish is available to meet with you at your convenience. Thank you in advance. Sincerely, f Bob Irish James Grafton Cc rb/ib/bi 802-578-1546 Voice PO Box 12956 Wilmington, NC 28405 r southbur ncytou PLANNING & ZONING May 7, 2015 Robert Irish & James Gratton Just Great Properties, LLC PO Box 10706 Wilmington, NC 28404 Re: Letter of 4/28/15 — Lakeview Lane Dear Messrs. Irish & Gratton: This is reply to your letter of April 28, 2015. The Planning & Zoning staff would be happy to meet with you to discuss the provision which limits the number of dwelling units on a dead- end street to 50 units. Unfortunately, City Attorney Jim Barlow would not be attending this meeting. The only opinion that matters as to whether this provision would apply to your proposed project would be from the Development Review Board. If you want to meet with us, just let us know what date and times work for you and we can schedule a meeting. In order to appear before the Development Review Board, you must submit an application. If you are planning on constructing multi -family units in 2 or more buildings, the first step in the process would be sketch plan review. This application can be downloaded from our web site at www.sburl.com[permits In order to be placed the agenda, you must submit a complete application. Should you have any questions, please feel free to contact me. :/ayymond eJ. B Ir Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com southb iinuton PLANNING & ZONING January 29, 2015 Robert Irish 100 Park Road So. Burlington, VT 05403 Re: Letter of 1/13/15 — Lakeview Lane Dear Mr. Irish: This is reply to your letter of January 13, 2015. In order to appear before the Development Review Board to request a waiver, you must submit an application. If you are planning on constructing multi -family units in 2 or more buildings, the first step in the process would be sketch plan review. This application can be downloaded from our web site at www.sburl.com/permits In order to be placed the agenda, you must submit a complete application. Should you have any questions, please feel free to contact me. Sinc re , aymond J. Belair Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com January 13, 2015 Ray Belair, Administration Officer 575 Dorset Street South Burlington, VT 05403 RE: 15 Lakeview Lane Parcel ID # 1005-00015 SPAN # 600-188-17728 Dear Ray, Thank you for meeting with Lance Lewellyn and I on December 22.2014. We appreciate your time and input regarding the development of my property at 15 Lakeview Lane. Until 2007 my wife, Mary Alice, and I owned and occupied a home at 80 Bartlett Bay Road. In addition to the house parcel, we owned two additional parcels of undeveloped land adjacent to but east of Bartlett Bay Road. These three parcels were merged into one, containing the house and 3.75 acres. At the time of sale, we offered our home and 1.65 acres for sale. As a condition of that sale it was necessary to subdivide the parcel into two lots: the house lot with 1.65 acres and the remaining lot containing 2.1 acres. At the time of the sale, we entertained developing the 2.1 acre lot. Access to this lot is now from Lakeview Lane, which is owned by my wife and I. We spoke with abutting neighbors, considered access through the Farrell property which was being planned, prepared preliminary sketches and conducted a wetland delineation. For personal reasons including development costs and market conditions we decided to postpone this plan. From our meeting with you on December 22 we understand there may be opportunities to develop 15 Lakeview Lane as a PUD. We also understand this would likely be a small 4 — 6 unit project. If we proceed with this PUD plan it would resolve the "private/public" road access issue to this site. Lakeview Lane is a private street accessed from Bartlett Bay Road. As we discussed, Bartlett Bay Road essentially becomes a dead end street at the railroad crossing going west. Accordingly, city regulations only allow 50 residential units to be accessed from a dead end street. By my unofficial count the number of houses accessed from Bartlett Bay Road at the point of the railroad crossing are as follows: Bartlett Bay Road (20); Bartlett Bay Road extn (5); Lakeview Lane (3) ; { Austin / Stanhope (6); South Cove Road (4); Twin Brook (6); Brigham Road (4) for a subtotal of 48 units. The Landings condominiums on South Beach Road would add 48 units bringing the total to 96 units. This is already over the 50 unit limit recommended in the Land Development Regulations sec 15 (J) I believe there may have been recent development on some of these streets but I do not have the records to determine when this occurred in relation to the 2013 Land Development Regulations. At this point I would like to proceed with a PUD which would add a maximum of 6 units on Lakeview Lane. This will be subject to the required engineering and survey designs. When this area was re -zoned in 2006 as a Lakeshore Neighborhood District (LN) Land Development regulations section 4.07 September 3013) it was formed to encourage residential use to be compatible with existing neighborhoods in the Bartlett Bay and Holmes Road area. This area, and Queen City Park were residential neighborhoods which historically required special consideration relative to densities, setbacks and private / public roads and access. I do not believe the DRB intended these 2.1 acres be land locked when we subdivided our property to sell our house on Bartlett Bay Road. Now, with a need to develop this parcel, I wish to plan and permit a PUD complying with Section 15 of the Land Development Regulations following the initial request to the Development Review Board to allow the addition of a proposed six residential development onto a "dead end " road where the number of units served presently exceeds the 50 unit recommendation. I understand this request to be in accordance with Section 15.02 Authority and Required Review of the Land Development Regulations (September 14, 2013) where the DRB shall have the authority to review and approve modifications to the Land Development Regulations. Assuming my interpretation of Section 15.02 is correct, would you assist me in making an appeal to the DRB for this consideration ? I will make myself available to meet with you at your convenience. Sincerely, C CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: January 4, 2008 \drb\sub\irish\irish_prelim_final.doc Application received: December 17, 2007 Irish-2-lotSUBD/VISION 80 Bartlett Bay Road) PRELIMINARY PLAT APPLICATION # SD-07-79 FINAL PLAT APPLICATION # SD-07-80 Agenda #13 Meeting Date: January 8, 2008 Owner Applicant Michael Sirotkin & Sally Fox Robert A. & Mary Alice Irish 80 Bartlett Bay Road 100 Park Road South Burlington, VT 05403 South Burlington, VT 05403 Contact Person Property Information Lance Llewelyn, Llewellyn -Howley Existing Lot 20 Kimball Ave 0130-00080 South Burlington, VT 05403 3.19 acres Lakeshore Neighborhood Zoning District Residential 1- Lakeview Zoning District Scenic View Protection Overlay District Dorset Park Zone 3) Subiect Property (existing) •- Subject Property CITY OF SOUTH BURL14 ON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\irish\prelim final.doc Bob & Mary Alice Irish, hereafter referred to as the applicants, are seeking preliminary and final plat approval of a proposal to subdivide a 3.8 acre parcel developed with a single family dwelling into two (2) lots of 1.65 acres (lot A) and 2.15 acres (lot B), 80 Bartlett Bay Road. The proposal was heard for sketch plan review on August 21, 2007 (minutes attached). Associate Planner Cathyann La Rose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on December 17, 2007 and have the following comments. Zoning District & Dimensional Requirements The subject property is proposed to be subdivided into two different zoning districts. Table 1. Dimensional Requirements LN Zoning District Required Proposed Pro osed Parcel A Parcel B Min. Lot Size 12,000 SF 1.65 acres 2.15 acres Maximum Building Coverage 20% 6% TBD 4Maximum Overall Coverage 400% 32% TBD 4 zoning compliance RI -Lakeview Zoning District Required Proposed Proposed - Parcel A Parcel B Min. Lot Size 14,000 SF 1.65 acres 2.15 acres Maximum BuildingCoverage 15% 6% TBD Maximum Overall Coverage 25% 32%** TBD ** The majority of Parcel A is located within the less restrictive LN Zoning District. For purposes of simplicity, staff assessed coverage for the whole of each parcel and not as each portion relates to each zoning district. Overall coverages are higher for Parcel A simply because Bartlett Bay Road, privately owned by the property owner, is being considered towards this coverage. Staff is confident that the building and overall coverages are being respected for each lot, for each zoning district. TBD- No development proposed at this time. Coverages must respect the zoning district limitations and will be assessed as zoning permits are requested and reviewed. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: CITY OF SOUTH BURLIN(. ON 3 ( DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\irish\prelim final.doc Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. There are no new buildings or associated infrastructure proposed for this property as part of this application. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. 1. The preliminary and final plat plans should show the water line easement for the water line on the applicant's property. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 2. Sufficient grading and erosion controls shall be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The existing lot is currently accessed via Bartlett Bay Road. The applicant is proposing to access the new lot B via Lakeview Lane, a private road. At this time, there are already three (3) homes accessed via Lakeview Lane, the maximum for a private road. The applicant shall be required to upgrade Lakeview Lane to a public road, meeting all related public roadway standards prior to the issuance of a zoning permit for the development of Lot B. The plans reflect a public roadway and have been reviewed by the City Engineer and the South Burlington Director of Public Works. 3. The applicant shall upgrade Lakeview Lane to city roadway standards prior to issuance of a zoning permit for any buildings on proposed `Lot B'. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The City's Official Wetland Map does not indicate any wetlands on the subject property. If there are any, the applicant shall include these on the site plans. Staff finds no adverse impact to the wetlands as a result of this application. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The applicant has noted that the newly created lot will be targeted for residential development at some future point. Staff finds that the proposed subdivision is compatible with the planned CITY OF SOUTH BURLINt_ . ON 4 ( DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\irish\prelim final.doc development patterns of the R1-Lakeview Zoning District, as outlined in Section 9.01of the Land Development Regulations. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. There are no new buildings proposed for this property as part of this application. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Staff does not feel that this application warrants review by the Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. As stated above, Lakeview Lane must be upgraded to public roadway standards before any development may be commenced on Lot B. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. As stated above, Lakeview Lane must be upgraded to public roadway standards before any development may be commenced on Lot B. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed subdivision is in conformance with the South Burlington Comprehensive Plan. Other The survey plat contains multiple references to the town of Georgia. The plat should be revised to remove all such references and shall instead refer to the City of South Burlington. 4. The survey plat shall be revised to remove all such references and shall instead refer to the City of South Burlington. The City Engineer reviewed the plans and provided comments in a memo dated December 27, 2007 (attached). Staff supports all recommendations with the exception of item number 1, in reference to City ownership of Bartlett Bay Road. The City does not wish to accept this road unless it is upgraded to City standards. Such a matter is not considered as part of this application or review. The applicant shall adhere to the other comments of the City Engineer. Where applicable the plans shall be revised to adhere to said comments. Staff has consulted with the Director of Public Works who concurs on this matter and supports all other items noted by the City Engineer. 5. The applicant shall adhere to the comments of the City Engineer with exception to item number 1. Where applicable the plans shall be revised to adhere to said comments. CITY OF SOUTH BURLIA( , ON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\irish\prelim final.doc Staff recommends that the Development Review Board approve Preliminary Plat Application #SD- 07-79 and Final Plat Application #SD-07-80 subject to the conditional items included in this report. Respectfully submitted, l Cathy n LaRose, Associate Planner Copy to: Michael Sirotkin, Owner Robert Irish, Applicant Lance Llewelyn, Consulting Engineer Irish / Sirotkin Subdivision Sheet1 Street Tree Planting Schedule Key Quantity Scientific Name Common Name Size Planted Price Total Price PC 19 Pyrus calledana Callery Pear 2.5 — 3" B+B Page 1 $437.00 $8,303.00 DEVELOPMENT REVIEW BOARD 21 AUGUST 2007 The South Burlington Development Review Board held a regular meeting on Tuesday, 21 August 2007, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; P. Plumeau, E. Knudsen, G. Quimby, R. Farley, M. Birmingham Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; C. Ryan, K. McMahon, F. Benoit, L. Llewellyn, D. Bell, W. Stocks, G. & A. Rideout, C. Jensen, M. Sirotkin, S. Fox, T. King, R. Sprout, D. Boardman, J. Paulse, G. Fucile, C. Galipeau, D. Rouille, J. Porter, A. Morwood, E. Linde, J. Desautels, T. McKenzie, B. Irish, S. Palmer, G. Milot, A. Bartlett, D. DeSarno, W. Schroeder, M. Dufresne 1. Other Business: Mr. Belair asked members to let him know which date is best for them for a joint meeting with the Planning Commission in October. 2. Minutes of 24 July 2007: Ms. Quimby moved to approve the Minutes of 24 July as written. Mr. Farley seconded. Motion passed 4-0 with Messrs. Knudsen and Birmingham abstaining. 3. Sketch Plan Application #SD-07-46 of Bob and Mary Alice Irish to subdivide a 3.19 acre parcel developed with a single family dwelling into two lots of 0.87 (lot A) and 2.32 acres (lot B), 80 Bartlett Bay Rd: Mr. Llewellyn showed the location of the property which is served by Lakeview Lane, a private road. Mr. Dinklage asked what assurance the city has that Lot B will be able to get access to Lakeview Lane over property owned by Homestead Design. Mr. Irish said there is a question as to whether the city wants to retain the deed to Lakeview Lane or whether it will be deeded back to Homestead Design. Mr. Dinklage said the Board does not like to approve a subdivision where a piece of property is landlocked. Mr. King said he is the owner of the last property where the road stops short. Mr. Llewellyn said they have no problem extending Lakeview Lane as there is an easement. Mr. Belair noted that since Lakeview Lane is a private Road, the Board will have to hear evidence that the applicant can use it. He also noted that this application triggers the need to upgrade Lakeview Lane to a public street. Mr. King said he is opposed to the use of this access. He said there is a proposal by the Farrells that would also give access to this property. He stressed that they do not want -1- DEVELOPMENT REVIEW BOARD 21 AUGUST 2007 their home to be in the middle of a circular road. He added that he has asked for a master plan for the Farrell property. Mr. Dinklage said the DRB will scrutinize the Farrell application when it materializes, but Lakeview Lane was clearly intended to connect in this way. Mr. Belair reviewed how the city acquired the deed to Lakeview Lane. He noted that the City recently quitclaimed all of its rights to this road back to Homestead Design. The City has no interest in that road unless it is upgraded to City standards. Mr. King said the homeowners own part of that road now. Mr. Belair said that is not his understanding. He said the residents have a right to cross that road. Mr. King said he is taxed on that property. Mr. Belair said he would need to talk to the assessor about that. Mr. Dinklage said the applicant will have to work out access to Lot B with Homestead Design. They Board could not approve the application without that. Mr. Dinklage asked whether the Board can ask the Farrells for a master plan. Mr. Belair said only if they apply with more than 100 units. Ms. Linde said her property deed indicates she owns her portion of Lakeview Lane, and she was told the road could not be further developed without approval of the residents. Mr. Dinklage said the Board cannot adjudicate that. Appellants will have to make their claim to the road crystal clear. Ms. Linde said if the Irishes will stipulate access through the Farrell property, residents will have no objection to the development. Mr. Knudsen asked about a possible access through Lot A. Mr. Irish said that would still generate the 41" unit on a private street. Mr. King questioned why the road was deeded back to Homestead Design. Mr. Belair said he wasn't aware the city had the deed until the Irish development was presented a few weeks ago. The city doesn't want the road as it meets none of the conditions for the city to take it over. Ms. Sprout said she was concerned with the impact of more development in the area. 4. Miscellaneous application #MS-07-07 of Dennis Rouille to alter the existing grade by adding 3,277 cubic yards of fill, Foulsham Hollow Rd: Mr. Gallipeau said they would place the material on Lot #4 of the Rouille property. The fill is already placed. Mr. Dinklage asked who authorized the fill to be placed there. Mr. Gallipeau said Mr. Rouille was approached by John McDonald to do it. He didn't know approval was needed. Mr. Dinklage said Mr. McDonald clearly should have known approval was needed. He asked if any fill was placed in a buffer. Mr. Gallipeau said it was not. It is all outside the wetland buffer. Mr. Belair confirmed there is no encroachment. -2- t s south E H Yx VFHNA0NT Irish-Sirotkin-Fox Subdivision Bartlett Bay Road December 27, 2007 Bill Szymanski, City Engineer City of South Burlington 575 Dorset Street South Burlington, VT 05403 (802)846-4106 1. Bartlett Bay Road is a private street however it has been maintained by the City. Because it is private the City cannot receive State -Aid for it. It should be deeded to the City. It should include an adequate turn -around at its north end. 2. Lakeview Lane existing lots shall have culverts at each driveway and shown on the plans. 3. Trees shall clear water main by at least 5 feet and planted outside of drainage ditches. 4. Road should have 3-foot shoulders constructed with compacted asphalt grindings. 5. Existing power, telephone, and t.v. lines shall be shown on the plans. 6. A power pole is proposed on top of the existing water main. This is in violation of City policy of no overhead utility lines. 7. New street turn around shall include an easement on Lot B. 8. Sewer main extension shall be bedded in 3/ inch crushed stone. 3 g southbvllr itIg "w, PLANNING & ZONING May 7, 2015 Robert Irish & James Grafton Just Great Properties, LLC PO Box 10706 Wilmington, NC 28404 Re: Letter of 4/28/15 — Lakeview Lane Dear Messrs. Irish & Grafton: This is reply to your letter of April 28, 2015. The Planning & Zoning staff would be happy to meet with you to discuss the provision which limits the number of dwelling units on a dead- end street to 50 units. Unfortunately, City Attorney Jim Barlow would not be attending this meeting. The only opinion that matters as to whether this provision would apply to your proposed project would be from the Development Review Board. If you want to meet with us, just let us know what date and times work for you and we can schedule a meeting. In order to appear before the Development Review Board, you must submit an application. If you are planning on constructing multi -family units in 2 or more buildings, the first step in the process would be sketch plan review. This application can be downloaded from our web site at www.sburl.com/permits In order to be placed the agenda, you must submit a complete application. Should you have any questions, please feel free to contact me. 7ymo I , n d J. .B it Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com AGENCY OF NAT 4L RESOURCES (ANR) AND NATO RESOUR ES ARD S Yl http://www.an -ite.vt.us/dec/ead/pa/index.htm / http: nrw.nrb.state.vt.us/ PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # OF DEC PERMITS: PRE -APPLICATION REVIEW: RESPONSE DATE: PENDING APPLICATION #: WW-4-3028 DISTRICT: TOWN: South Burlington PIN: EJ08-0135 OWNER OF PROJECT SITE: APPLICANT OR REPRESENTATIVE: (Name) Michael Sirotkin / Sally Fox (Name) (Address) 80 Bartlett Bay Road (Address) (Town) (State) (Zip) South Burlington VT 05403 (Town) (State) (Zip) (Telephone) 802-860-6428 (Telephone) Project Name: Based on a written or oral request or information provided by Lance Llewellyn , received on 3/24/2008, a project was reviewed on a tract/tracts of land of 3.8 acres, located on 80 Bartlett Bay Road. The project is generally described as: Subdivision of 3.8A; Lot A, 1.65A with an existing 4 bedroom single family residence served by municipal water supply and wastewater disposal and Lot B, 2.15A w/ "notice of permit requirements" in deed language. Prior permits from this office: PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION ® I hereby request a jurisdictional opinion from the District Coordinator nt District Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. ❑ L n er/Agent ® Permit Specialist ❑ Other Person 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LANDOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY REQUEST RECONSIDERATION FROM THE DISTRICT COORDINATOR (10 V.S.A. § 6007 (c) AND ACT 250 RULE 3 (C)) OR MAY APPEAL TO THE ENVIRONMENTAL COURT WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V. S.A. Chapter 220). (#47) ** Project: ❑ Commercial Residential ❑ Municipal Has the landowner subdivided before? ❑ Yes ❑ No When/where: # of lots: AN ACT 250 PERMIT IS REQUIRED: ❑ Yes XNo Copies sent to Statutory Parties: ❑ Yes No BASIS FOR �DECISION: � t� 5 -�� xf f'�� '� )�-.,� 21�% SIGNATURE: DATE: '-i 13SADDRESS: District # y Environmental Commission District Coordinator Tele0 one: L2! WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED? ® Yes ❑ No ® Wastewater System and Potable Water Supply Permit (#1 & U** ® Notice of Permit Requirements (deferral language ) (L2) ❑ Floor Drains (#j -2) ❑ Campgrounds (#J3 ❑ Extension of sewer lines (jj REGIONAL ENGINEER ASSIGNED: Ernest Christianson SIGNATURE: s' DATE: 3-31-08 ADDRESS: Dept. of Environmental Conservation ® Environmental As ace Office, Permit Specialist Jeff McMahon Telephone: 802-879-5676 ❑ Wastewater Management Division, Telephone: 802-879-5656 OVER »»»»»»» **NOTE: NUMBERS IN PARENTHESES (#) REFER TO PERMIT INFORMATION SHEETS IN THE VERMONT PERMIT HANDBOOK http://www.anr.state.vt.us/dec/permit hb/index.htm THIS IS A PRELIMINARY, NON-BINDINq .'TERMINATION REGARDING OTHER PER WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMrNTS INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: ❑ Discharge Permits, pretreatment, industrial, municipal (#7 1, 7 2 & 8) ❑ Indirect Discharge Permits (#5 & 5, 1) ❑ Residuals Management #10) 4. AIR POLLUTION CONTROL DIVISION, ANR (888-520-4879) Contact: ❑ Construction/modification of source (# 14) ❑ Open Burning #18) ❑ Wood Chip Burners (>90 HP) (#14) ❑ Furnace Boiler Conversion/Installation #14) ❑ Industrial Process Air Emissions (#14) ❑ Diesel Engines (>450 bHP) #14) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800-823-8500 in VT) Contact: ❑ New Hydrants #22) ❑ >500' waterline construction #22) ❑ Community Water System (CWS) ❑ Bottled Water #20) ❑ Operating permit #21) ❑ Transient Non -Community water system (TNC) #21) ❑ Capacity Review for Non -transient non -community water systems (NTNC) #21) 6. WATER QUALITY DIVISION, ANR STORMWATER PERMITS #6 — 6_5 ) Contact: Contact: ❑ Flood Plains (241-3759) ❑ Ponds (#33 11) ❑ Construction General Permits >1AC of disturbance (#6 1) ❑ Shoreland Encroachment (241-3777) Steve Hanna #28) ❑ Stormwater from new development or redevelopment sites (#6 2 & 6 3) ❑ Wetlands (241-3770) #29) ❑ Multi -Sector General Permit (MSGP) industrial activities w/ SIC codes #6 4) ❑ Stream Alteration / Section 401 Water Quality Certification / Stream Crossing Structures (476-2679 / 879-5631 / 786-5906) #27 & 3�) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Dennis Fekert 241-1493 ❑ Hazardous Waste Handler site ID (241-3888) #36) ❑ Underground Storage Tanks (241-3888) June Reilly #33) ❑ Lined landfills, transfer stations, recycling facilities drop off (241-3444) L7 G,40) ❑ Asbestos Disposal (241-3444) ❑ Disposal of inert waste, untreated wood &stumps (241-3444) (#4" & 44) ❑ Composting Facilities (241-3444) #43) ❑ Waste oil burning (241-3888) ❑ Waste transporter permit #35) ❑ Demolition waste 241-3477 ❑ Used septic system components/stone (#41) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: _ ❑ Dam operations (greater than 500,000 cu ft.) (241-3451) (PA5) ❑ State -funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) #46) Contact: SMALL BUSINESS & MUNICIPAL COMPLIANCE ASSISTANCE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: Judy Mirro/John Daly 10. FISH & WILDLIFE DEPARTMENT (802-241-3700) Contact: ❑ Nongame & Natural Heritage Program (Threatened & Endangered Species) #( 47 d) ❑ Stream Obstruction Approval (#47 5) 11. DEPARTMENT OF PUBLIC SAFETY (802-479-7561) or District Office 879-2300 Contact: ❑ Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) (#49, 50, 50 1, 50 2) ❑ Storage of flammable liquids, explosives ❑ LP Gas Storage ❑ Plumbing in residences served by public water/sewer with 10 or more customers #50 2) ❑ Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: ❑ Food, lodging, bakeries, food processors (#51, 51.1, 52, 53, 53.1) ❑ Program for asbestos control & lead certification (#54, 55, 55 1) ❑ Children's camps ❑Hot Tub Installation & Inspection — Commercial #51 1) 13. AGENCY OF HUMAN SERVICES Contact: ❑ Child care facilities (1-800-649-2642 or 802-241-2159) (#57) ❑ Residential care homes (241-2345) (Dept. of Aging & Disabilities) (#59) ❑ Nursing Homes (241-2345) #59) ❑ Assisted Living and Therapeutic Community Residences (241-2345) (#59) 14. AGENCY OF TRANSPORTATION Contact: ❑ Access to state highways (residential, commercial) (828-2653) #66) ❑ Junkyards (828-2053) #62) ❑ Signs (Travel Information Council) (828-2651) #63) ❑ Railroad crossings (828-2710) (#64) ❑ Development within 500' of a limited access highway (828-2653) #61) ❑ Airports and landing strips (828-2833) (#65) ❑ Construction within state highway right-of-way (Utilities, Grading, etc ) (828-2653) (#66) ❑ Motor vehicle dealer license (828-2067) (#68) 15. DEPARTMENT OF AGRICULTURE (800-675-9873 OR 802-828-3429) Contact: ❑ Use/sale of Pesticides (828-3429) #72, 73, 74, 75, 76, 77, 78) ❑ Slaughterhouses, poultry processing (828-3429) (#81) ❑ Milk Processing Facilities (828-3429) #83, 831, 85, 87) ❑ Animal shelters/pet merchant/livestock dealers (828-3429) #89, 89.1) ❑ Golf Courses (828-2431) (#71) Green Houses/Nurseries (828-2431)(#79) ❑ Weights and measures, Gas Pumps, Scales (828-2436) (#88) ❑ Medium and Large Farm Operations (828-2431) ❑ Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-3429) (#75 1, 80, 16. VERMONT ENERGY CODE ASSSISTANCE CENTER TOLL FREE 888-373-2255 ❑ VT Building Energy Standards (#47.2) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) ❑ Historic Buildings (#47 1 & 101) ❑ Archeological Sites (#47 1 & 101) 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) ❑ Liquor Licenses (#90) ❑ General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) ❑ Business Registration #90 1) ❑ Professional Boards (1-800-439-8683) (#90 2) 20. DEPARTMENT OF TAXES (802-828-2551 & 828-5787) ❑ Income & business taxes (sales, meals/ rooms, etc) (#91, 22, 93, 94, 95, 96 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2070) ❑ Fuel Taxes, Commercial Vehicle (#69-70) 2' LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St., Ste. 205, Essex Jct., VT 05452 (802) 872-2893 (#97, 98, & 99) 24. OTHER: Sections #3424 above have been completed by Permit Specialist Jeff McMahon Date: 3-31-08 1 may be reached at 802-879- 5676 Copies have been mailed to: Revised 6/06 C1 Page 1 of 1 ray From: Tricia King [71akeview@gmail.com] Sent: Wednesday, August 13, 2008 8:18 AM To: Chuck Hafter; dodgechris@comcast.net; smagowan@sfeglaw.com; meemery@comcast.net; marklboucher@comcast.net; dooleyvt1@comcast.net Cc: Paul Conner; ray; bob@homestead-design.com; irishbobike@aol.com; Todd King; Anne Morwood; Beth T Linde Subject: Lakeview Lane and Irish Property Attachments: Lakeview Lane Letter 81108.doc; Dec_11_2007_letter.jpg; Dec_11_2007_letter_p2.jpg; agreement1.jpg; Agreement2.jpg The following attached documents express the concerns of the Lakeview Lane Neighbors and the potential development of the Irish Property adjacent to the Lakeview Lane Neighbors. Hard copies will be delivered as well. Lakeview Lane Neighbors 8/13/2008 August 11, 2008 City of South Burlington South Burlington City Council Members 575 Dorset Street South Burlington, VT 05403 Re: Lakeview Lane Irish Property Homestead Design, Inc. Dear City Officials and City Council Members: We are the residents of Lakeview Lane in South Burlington (off Bartlett Bay Road) and wish to express our thoughts and concerns about the potential development of Robert and Mary Alice Irish's land directly to the North of our street. When our lots were purchased from Homestead Design, Inc., the descriptions contained in the Deeds were somewhat confusing. Each deed contains three forms of lot description: monuments, references to a map, and an acreage call. Two of those three descriptions indicated that we were buying Lakeview Lane itself, subject to certain rights of way owned by others. One of the three can be read to say that we were not buying Lakeview Lane, but only had our own right of way. This was compounded by the fact that the City of South Burlington was assessing real estate taxes against us as if we were the owners in fee of the Lakeview Lane ground, and not just owners of a right of way. This led all of us to believe we owned the land underneath the road. Several months ago, it appears that the City of South Burlington discovered that it also had a deed from Homestead Design, Inc., conveying Lakeview Lane to the City —when this deed was found, the City determined that it had not agreed to own that road and therefore deeded the property back to Homestead Design, Inc. No one on Lakeview Lane was consulted about that transfer. We now understand that Homestead Design re -conveyed the ground under Lakeview Lane to Bob Irish (again without consulting us) and that Mr. Irish is selling his land, along with our road, to a potential developer. This series of conveyances of the road we claim as ours is obviously troublesome, but it is compounded by this: several months ago, our neighborhood agreed not to contest the Irish's request for subdivision, on the premise of the 6 points in the attached document titled "Agreement" which was constructed by the Lakeview Lane land owners and Bob and Mary Alice Irish together. It should be noted that the Farrell property to the North is also in the planning processes of development. Please see the attached proposal along with Bob Irish's letter to us about that proposal. Page 1 Unless or until the attached any use of Lakeview Lane owners of this property. Very truly yours, Lakeview Lane Neighbors proposal, or a form of it satisfactory to us, is signed, we will object to for physical ingress and egress to the Irish property and/or future Todd and Tricia King, 7 Lakeview Lane Beth Linde, 5 Lakeview Lane Paul and Anne Morwood, 3 Lakeview Lane Cc: Homestead Design, Inc. Robert and Mary Alice Irish City of South Burlington Planning and Zoning Department Paul Conner, Director of Planning and Zoning Raymond Belair, Administrative Officer Page 2 De(ernbc-r 11, 2D07 Mr. & Mrs,'rodd King I Lakeview Lane South Burlington, Vermont 05403 Ms Beth Linde 5 Lakeview Lane South Burlington, Vermont 05403 Mr. & Mrs. Paul Mofwuod 3 1 akeview Lane South Burlington, Vermont OS40.3 Dear Lakeview Neighbors- ; am writing in referetiCe to the subdivision request I have before the South Burlington Design Review Board for a parcel of land which abuts Lakeview Lane, I am writing to confirm discosqions and meetings we have had concerning the access to this parcel, which as perthe South Burlington Land Records is via Lakeview l arie This agreement is intended to clarify my authorization to use Lakeview Lane to access this parcel. It is my understanding your concern is the additional traffic development this may generate, I also understand that there has been preliminary discussion to develop the Bahreriburg/Farrell property which is to the east of your property on Lakeview I acre anti also cast of the parcel I am .subdividing. I believe all parties involved, Lakeview Lane residents, South Burlington officials and myself, agree the best, the most logical and the most practical access to the undeveloped property to the east and north of Lakeview Lane would be via a newly proposed city street required by the development of the Farrell property - Adding one additional house on Lakeview Lane, the fourth on a private road, would necessitate up- grading that road to city standards. Based on the above and to address your concerns I agree as follows: I do request an exception if a medical or financial situation make it necessary for me to liquidate assets, I will, and I would require ariV subsequent owners, to seek ingress and egress from ally roads the Farrell project would propose during this five (5) year period, i will take all reasonable measures to avoid Lakeview Lane being connected to any roads the Farrell project may propose. Once again I would like to express my thanks and appreciation for your understanding, co-operation and input in working through this unusual situation. Rest assured I will continue to work with you so I can get this parcel back in my narne after it was merged by the state some time ago. Bob & Mary Alice Irish Signed r Agreement Iit returat fur Ill c Ittlitteomtic rN o I 1 1-11,c 1'ivI$ I.,tr7c 3►itlrtirR:tfx irt�;tr�� ►Fl►jccti►Fu to) fit) b:IIt(IN I.11'z Alice Irish subdividing Iheu• Irropert-.', Bob and NIaar-s Alice Irrwh iagrev tit lit: bound hs the I'till+rasing: I. NN't: cr ill not build improNenlcnls on t►crr,,uhtlikidc:tl land x►hich %sotilt! usc Lake Viesi I -me 1•4kr a,rcss ,trial e;yrecs, for aI perirtcl (if tit e ►:ar s, Coll Imv icing Iaanu.ary I, 2008 atria ending I)ecclttltc•r Z 1, y An-% person. of* ullitk, to, s+ holm i%a Selt t,►r lease tile subdi� icled land, rrttrrt at�rec to be I►+sarrral 1►e the saarne pros ision :I, contained in paragraph I. 3. We ►c ill take all rc:allonarblr ratesasures tit lase the ro"Id" constructed tit :sere iec: the V arrell ►Ie eloptilent, st►-called. for itlgt-CNN aaml ogres, to taur suhrlk ided land. In so (filing, iNe cs ill take all rt•a,011a ale inc:asurv, permarrc nON to a. liandtm th[• arse [►t` l ,atke View I .ane ft►r in�;rrs, ;rrrtl era �, t►►erlar subdivided land. 4. In the es eut ki c .are reasonaallIN able tit abluaclun file use t►1' l.aaku Viaii i mv..at that tune, ra a tt ill Quit ( faint tlrc road to lire im ners of fire home,- ton I_Ike N-iv t l,arrtc. 5. 1I1 Ill e,-ent Rob or Ma" AI ice Irish �uffvr ;tat mum Iimitic i,d Iw,% or other ccrt►ilitiml (for example, at medical condition) requiring .a kirge expenditure 4 rttor t:v, then, and in Much cticnt. the 1i,e wear har aarctrtioned aboNe Shall he lifted. �EtFt(i}1lFiriL11(Rrt7lttE►ti,1F�c1Fi�€)�tc1tips.3_k,iD?irset,trert.ti,oitlilr„,I„tWt,.�t,lattt,.,7t.Q WJP;Itfl_�ui:'_1,51; l !n ili►: eNcrit the s►ibdiNided Iaad is A lie ties eloped in a manner that i-vo iltl require the use A Lake Vicss l.ant-, Holp :jolt# Mars Alice Irish and any per-,on rri' entity o"nin;; t1w ,sultelis ided land. shill take all rcasonabic measures to liritit traffic tin L akv Vicss Lane. lid ss:►, ut'cNanililti°, this could include? keep ina I mkex Wtv Inn a'Mead end" ,treet rrr a street ss hich terininateN ss it itrruI aItaching to :r road (other thatt Bartlett Ha\ 14oml. Dated at So. Burlin„;tttn. .I:tnuan, 8, 21108. Robert "Bob" Irish Nlar's :dice 1601 - .. The undersiLmetl agree to the ltruN contained abo-*r: '�ti►►c�IclrssiiE►t1 ` paul NCttnsibmt F:li�. t�tl"r "C3c�tss'" C.ir►tle� 'I odd King +'` r I, Atricia ""C riNhA" Xina 3ait)Z1404 4 1►€!i%itiliil), �t3ltei\t�� xtr tt1,,j,,{rJlON4%Itery`+t+u€hfill tfin-1-1t,\ ,I17<jttf,11413li.i,Y7l�}41i "t,iS ®V ER1V O 1 State of Vermont AGENCY OFNATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 March 24, 2008 Sally Fox 80 Bartlett Bay Road South Burlington VT 05403 Michael Sirotkin 80 Bartlett Bay Road South Burlington VT 05403 RE: WW-4-3028, subdividing Lot A with an existing house, and Lot B will be deferred, 80 Bartlett Bay Road, South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on March 24, 2008, including a fee of $135.00 paid by check #631. Under the performance standards for this program, we have a maximum of 30 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office. , We have forwarded the information contained in your application to the Information Specialist for this region. _ A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Ma agement Mar B ril U Y Administrative Technician II cc: South Burlington Planning Commission Lance Llewellyn l State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules, Chapter 1, Wastewater System and Potable Water Supply Rules, Effective September 29, 2007 Chapter 21, Water Supply Rules, Effective April 25, 2005 Permit Number: WW-4-3028 Landowner: Sally Fox and Michael Sirotkin 80 Bartlett Bay Road South Burlington VT 05403 This permit affects property identified as Town Tax Parcel ID # 0130-00080 and referenced in deeds recorded in Book 360 Page(s) 48-49 of the Land Records in South Burlington, Vermont. This project, consisting of subdividing an existing 3.80 acres into Lot A being 1.65 acres with an existing four bedroom single family residence served by municipal water and wastewater services, and Lot B being 2.15 acres remaining undeveloped located at 80 Bartlett Bay Road in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions: L GENERAL 1.1 The project shall be completed as shown on the following plans and/or documents prepared by Llewellyn -Howley, hic. listed as follows: Project 2005069, Sheet 1 of 1 "Overall Plan" dated November 2007 last revised 2/15/08. 1.2 The project shall not deviate from the approved plans in a manner that would change or affect the exterior water supply or wastewater disposal systems, building location, or, the approved use of the building, without prior review and written approval from the Wastewater Management Division. 1.3 This permit does not relieve the landowner from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission and local officials prio1 to proceeding with this project. 1.4 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner and all assigns and successors in interest. The landowner shall be responsible for the recording of this permit in the South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 1.5 By acceptance of this permit, the landowner agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont envirommental and health statutes and regulations. 1.6 This permit may be revoked if it is deterimined that the project does not comply with these rules. In issuing this permit, the Division has relied solely upon the licensed designer's certification that the design -related information submitted was true and correct and complies with the Vermont Wastewater System and Potable Water Supply Rules and the Vermont Water Supply Rules. Wastewater System and Potable Water Supply Permit WW-4-3028 Page 2 1.7 Lot B depicted on the plans and not specifically referenced as being approved for a use requiring a potable water supply and wastewater disposal system shall comply with the Environmental Protection Rules, Chapter 1, Wastewater System and Potable Water Supply Rules, Effective September 29, 2007, Section 1-304(a)(2) for the creation of unimproved lots. IWATER SUPPLY 2.1 This project is approved for confection to the South Burlington municipal water system as depicted on the approved plans. The project is approved for a maximum of 540 gallons of water per day. No changes to the water supply shall be allowed without prior review and approval by the Wastewater Management Division. (WASTEWATER DISPOSAL 3.1 This project is approved for confection to the South Burlington municipal wastewater treatment facility as depicted on the approved plans. The project is approved for a maximum of 210 gallons of wastewater per day. No changes to the wastewater disposal system shall be allowed without prior review and approval by the Wastewater Management Division. Laura Q. Pelosi, Commissioner Department of Environmental Conservation By Ernest Christianson, Regional Engineer Dated March 25, 2008 C South Burlington Plaraung Commission Llewellyn -Howley, Inc. City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 southliurlington VLItVI0N r February 6, 2008 Bob Irish 100 Park Road South Burlington, VT 05403 Re: Minutes — Bartlett Bay Road Dear Mr. Irish: For your records, enclosed is a copy of the approved January 8, 2008 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. (802)846-4106 — phone (802)846-4106 — fax planning @sburl.com CITY OF SOUTH BURLINGTOIV DEVELOPMENT REVIEW BOARD MINUTES JANUARY 8, 2008 10. Continued Miscellaneous Application #MS-07-14 of Warren Lahue for approval to construct a 64-square foot deck to project 7.75 feet into the front yard setback, 120 White Street: Mr. Belair advised that the applicant had asked for a continuance. Ms. Quimby moved to continue Miscellaneous Application #MS-07-14 of Warren Lahue until 22 January 2008. Mr. Farley seconded. Motion passed unanimously. 11. Continued Conditional Use Application #CU-07-09 of L. E. Farrell Co., Inc., to change the use of a 94,000 sq. ft. manufacturing building to warehousing, processing, storage and distribution use, 20 Karen Drive: and 12. Continued Site Plan Application #SP-07-83 of L. E. Farrell, Inc., to change the use of a 94,000 sq. ft. manufacturing building to warehousing, processing, storage & distribution use, 20 Karen Drive: Mr. Belair advised that the applicant had asked for a continuance. Ms. Quimby moved to continue Conditional Use Application #CU-07-09 and Site Plan Application #SP-07-83 of L. E. Farrell, Inc., until 22 January 2008. Mr. Farley seconded. Motion passed unanimously. Preliminary Plat Application #SD-07-79 and Final Plat Application #SD-07- 80 of Robert A. & Mary Alice Irish to subdivide a 3.8 acre parcel developed with a single family dwelling into two lots of 1.65 acres (Lot A) and 2.15 acres (Lot B), 80 Bartlett Bay Road: Mr. Irish noted that these were originally 3 properties with 3 deeds, but the action of the State Legislature had merged them into one lot. He also noted that he sold this parcel a year and a half ago. The aim of this application is to divide the property into 2 lots. Mr. Dinklage noted the receipt of an e-mail from Rosalee Sprout and Bud Ames expressing their concerns with issues in the area. Mr. Irish noted that he has a warranty deed from Homestead Design giving him ownership of Lakeview Lane. A neighbor said there is still a dispute over ownership of Lakeview Lane. Mr. Irish reviewed this history of Lakeview Lane. He said that in 1983 Homestead Design had an irrevocable offer of dedication for Lakeview Lane. Mr. Irish showed on a plan what Homestead Design owned at that time (those lots are now owned by the Morwood, Lindy and King). At that time, Homestead Design gave all the abutters a right-of-way to use Lakeview Lane if there was any further development. Some time later, Homestead - 5 - CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD MINUTES JANUARY 8, 2008 Design deeded Lakeview Lane to the City of South Burlington. Apparently, it was not properly deeded, and the City didn't want it. Mr. Irish said he contacted Homestead Design and asked if he could take over ownership of Lakeview Lane so there could be access to Lot B. Mr. Irish indicated he does not intend to do anything with Lot B at this time; he just wants the subdivision. Mr. Dinklage asked if staff is satisfied there is access to Lot B. Mr. Belair said it is. The applicant has a warranty deed to Lakeview Lane which is recorded in the Land Records. A resident asked for a month's delay to prove she owns her portion of Lakeview Lane. Mr. Irish said his warranty deed stands on its own merits. He added that he has met with neighbors and has agreed not to develop Lot B until it is known what Farrell will be doing with the adjacent property. Mr. King said he has worked with Mr. Irish and would like to get the issue resolved. He asked for a continuance so neighbors can try to resolve this in a few weeks. He felt there is ambiguity over the ownership of Lakeview Lane. Mr. Dinklage said he felt the neighbors' interests are protected, even if the Board approves this application. Mr. Irish could not develop Lot B without access from Lakeview Lane. Mr. Irish said he has copies of the neighbors' deeds. He said that part of the confusion arose from a line that was drawn. Ms. LaRose said the City has a certified survey plat as well as Mr. Irish's warranty deed. The survey supports Mr. Irish's claim. Ms. Quimby moved to approve Preliminary Plat Application #SD-07-79 and Final Plat Application #SD-07-80 of Robert A. & Mary Alice Irish subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 14. Continued Final Plat Application #SD-07-55 of R. L. Vallee, Inc., for a planned unit development to: 1) raze an existing 2313 sq. ft. service station and convenience store, 2) construct a 2313 sq. ft. building consisting of 1079 sq. ft. of convenience store use and 1234 sq. ft. of short-order restaurant use, and 3) reduce the number of fueling positions from eight to six, 811 Williston Rd: Mr. Belair advised that the applicant had asked for a continuance until 5 February. Ms. Quimby moved to continue Final Plat Application #SD-07-55 of R. L. Vallee, Inc., until 5 February 2008. Mr. Farley seconded. Motion passed unanimously. 15. Appeal 4AO-07-05 of Munson Earth Moving Corp. appealing the decision of the Administrative Officer to issue Notice of Violation #NV-07-20, 1877 Williston Road: l 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 9, 2008 Bob & Mary Alice Irish 100 Park Road South Burlington, VT 05403 Re: Preliminary Plat #SD-07-79 & Final Plat #SD-07-80 Dear Mr. & Mrs. Irish: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on January 9, 2008. Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records within 180 days (must be submitted & recorded by July 3, 2008) or this approval is null and void. If you have any questions, please contact me. ---------------- ---- -- Sincerely, VOL Betsy M Do ugh Brown Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7006 3450 0002 0949 2427 CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: J �-- bf �66 t NAME MAILING ADDRESS PROJECT OF INTEREST IVP �--4 0 _ �'�e �. A�a . wjD1 /00 CAL KL60';'tc l PN�" pc--L '4-q t%y-1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 9, 2008 Spencer Palmer Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202 N South Burlington, VT 05403 Re: Preliminary Plat #SD-07-79 & final plat #SD-07-80 Dear Spencer: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, e � Bets cDonough Brown Planning & Zoning Assistant � ( �Ri51�t Betsy Brown From: Rosalee Sprout and Bud Ames (rosebud.1@earthlink.net] Sent: Sunday, January 06, 2008 5:07 PM To: John Dinklage Cc: Betsy Brown Subject: Public Hearing:Tues.Jan.8, 2008 John Dinklage, Chairman South Burlington Development Review Board South Burlington, Vermont To: The South Burlington Development Review Board From: Rosalee Sprout, property owner/ 76 Bartlett Bay Road January 6, 20o8 Dear Board Members, I am unable to attend the hearing on Tuesday, Jan.B, 20o8 and would like the following comments to be noted during your consideration of #3 on the Agenda: Preliminary plat application #SD-07-79 & final plat application #SD-07-80 of Robert A. & Mary Alice Irish. I have reviewed the documents sent to me by the Dept. of Planning and Zoning. First, I wholeheartedly support the City Engineer's recommendation that Bartlett Bay Road be deeded to the city and that an adequate turn -around be created at its north end. By maintaining and snowplowing it all these years, the city has had de facto ownership anyway. Also, there is more and more traffic on this street as additional houses are built and more people come down Bartlett Bay Road looking for lake access. Currently, the only place to turn around on this dead end street is my driveway and the driveways of my neighbors. Large service vehicles cannot turn around now, but have to back up down the street. Second, I would advise the city's mapmakers to take a closer look at the area on the plat application, especially this spring. If it is not currently on the City's Official Wetland Map, it certainly should be considered. Third, why does the city want to own Lakeview Lane and why is it shown being extended in two different directions? How wide is the road? How much land will the city take over? Who pays for its improvement and tree plantings, etc.? Are there to be sidewalks? I respectfully ask that you plan ahead carefully any future development of this environmentally sensitive area so close to the shores of Lake Champlain. Thank you for your consideration. Rosalee A. Sprout 76 Bartlett Bay Rd So. Burlington, VT 05403 Betsy Brown From: Rosalee Sprout and Bud Ames [rosebud. 1 @earthlink. net] Sent: Sunday, January 06, 2008 5:07 PM To: John Dinklage Cc: Betsy Brown Subject: Public Hearing:Tues.Jan.8, 2008 John Dinklage, Chairman South Burlington Development Review Board South Burlington, Vermont To: The South Burlington Development Review Board From: Rosalee Sprout, property owner/ 76 Bartlett Bay Road January 6, 2oo8 Dear Board Members, I am unable to attend the hearing on Tuesday, Jan.B, 2oo8 and would like the following comments to be noted during your consideration of #3 on the Agenda: Preliminary plat application #SD-07-79 & final plat application #SD-07-8o of Robert A. & Mary Alice Irish. I have reviewed the documents sent to me by the Dept. of Planning and Zoning. First, I wholeheartedly support the City Engineer's recommendation that Bartlett Bay Road be deeded to the city and that an adequate turn -around be created at its north end. By maintaining and snowplowing it all these years, the city has had de facto ownership anyway. Also, there is more and more traffic on this street as additional houses are built and more people come down Bartlett Bay Road looking for lake access. Currently, the only place to turn around on this dead end street is my driveway and the driveways of my neighbors. Large service vehicles cannot turn around now, but have to back up down the street. Second, I would advise the city's mapmakers to take a closer look at the area on the plat application, especially this spring. If it is not currently on the City's Official Wetland Map, it certainly should be considered. Third, why does the city want to own Lakeview Lane and why is it shown being extended in two different directions? How wide is the road? How much land will the city take over? Who pays for its improvement and tree plantings, etc.? Are there to be sidewalks? I respectfully ask that you plan ahead carefully any future development of this environmentally sensitive area so close to the shores of Lake Champlain. Thank you for your consideration. Rosalee A. Sprout 76 Bartlett Bay Rd So. Burlington, VT 05403 G:\DocumenLS\Personal\Bartlett Bay Road Subdivision\Drawings\2005069 100 Calc Prelim-Flnal-Rev3.dwg, 12/17/2007 3:26:41 PM, Xerox Document Centre 430 PS FINM uNE ENDING FFNCE uNE\ x r fEHCE uNE\ FENCE ENIE\ PUN CALLS Wi \ Y IP iWND w TRAVERSE ~' I B 5J DI'41' E 130'! POINT 1 1 IP FWND 1 YJP 05' T BM FW W TIE I vp E 1 B�50W. N 5'CONiDJR TRAVERSE SET i50 W'EDOE OF TIE LAXE ON �, . _ ( POINT 7 i MAY ZDQ ELEVATON N 11 E i 1 1 Yl %I— PIPE Y m hin ! wZIJ'J4' E . .rs IP FW M I t IP FWNO�m TL HYDRANT PIP 11 \ T14E1 X10N E R MAR gr HE— 8 1 D• . 101'3 THE A1MLE 1� y w 1 . I ALOND TIE TREE I ay 11 �55, CONTWR a tl, +l�""'�� l..i 1 1 16 •t 1 zPDIE N Fnr11 r 1 ■ J I II A M1 Vt FWND 4Y� j / V F'OUNO / 111 IP FWND TGM I 1 �rt 1 Y FWND 1 R Q P 11 t" ` N ILA/ LIPR p 3 a E l l 21 I = Y 11 ; M n 9 z 11 - , DM FWND O O 11 11 y j� y li IIP FWND col wN �� 1 I. & ]• �+ W50 v O 1J I 11 y" �FdIND , O pFO iW ND 0 QQ II w Q \ O O • I I I If I TRAVERSE "� v C'1 I I I I +; I POINT I TRUE s°� Y I NORTH sg 5 9 EP 1 { ' /CORNER 1D0o :« J — 1 IP FWND O (\!`j i N y WSO ATER GATE # a fl I I n� s nvl j p I I AVERSE IRISH LOT RERM FouND poo I E ■• I a G 3 „ i .� I OINT 5 LAKEVFLANE " [ y 0 " j 76 I alb i O Q I l i gFJAP FWND 81 k I I p m^ a EA 6 i g 1 DRIVE Cm"1 ° I 1A I 1 I 7 T 1 „ 1 slU RESM famD or w i'"y- _ Nl ,, 0 --- i - ---Tj DRIVE - w L III _- I RIM IS 11L41' • I lV• FR 111E RY ^I I DaAY lxv 1Y� II "{ I I I • __ __ 56 WE I I I I i I I I I I 1 2 1 I �'- I I I 1I I I I I I I I i I I m I PRO, S I,-r•��reznxv any ItDad i° yN 3 e i :81i x i f Lake Champlain Street Section (Typical) RECEIVED DEC 17 2M7 r Legend r r wr, s.. yaa • LEGENDM j4- o- �! o � I 7`�w Locus Notes ;' ..ffM rrDDwa az.wfom..r use.. .�irrr .iaf./ s aSMlee/ a/Z 111Li Z 11S Fin.f tr-q. =4.-. •hM-AA,,✓ Do: m nD n0 u✓ nO Tro ip K Oaf TNI D Street Tree Planting Schedule CMy So. Burlington � :F oy Q— 5d-W.N— C—N— �j K /f PMrdkrrn Glkry hu- 5-3•S.f ..��'a�..w"..gym ...............,...� ......- AT I r 1 I Deciduous Tree Planting aM.NKSCALS A.I "'W ' • LLEWELLYN - FIOWLEY INCORPORATED -Sirotkin/Fox Subdivision— —A— """ANNER 7 IIICI= w ft.- Its ..,.,.a...:: "A.'= D,.. .:wN% ....Do . - Overall Plan `.... �.,- .. 11 N/F t Lokeahoro Farrell MNodllledelghborhood I 1 I I Lot A 1 37700 SO. Fr. I 0.87 ACRES I N/F f � Rideout t N/F Farrell CWaoded area Lot B 101119 SQ. FT. 2.32 ACRES N/F Slrotkln/Fox Lakeshore Neighborhood (, 00'Od '.---.�_.-- "ant a I ; I I � I 1 t 1 I I NIF I 1 King NIV 1 1 Ii Linde N/P ( 1 f Morewood N/F I 1 End Roadway =y 1 I(approximate location) ' ! I ' Hydrant $---------------------------� 1 � i _-_-�--- ----y,-�watenn�aM_(°-_loe_o.t-lon1 Lakeview Lane P+n°rty Dn. _PPr—°xlate Cantwr N/F I - , SmItmy S. U.K N NIF N(F NIP ( ; Ityd-t Reed N/F Stone Butterneld Starr/Wamolk Galbroth N� NIF ; )1 I $0"hory S.- Sprout Kelley Campbell N� I I e 1 %ts, &, pply 1 Brland NIF j 1 - -Wa1K $erVICI 1 N 1 � I Natural C.. (cpproxknat. location) ---"-------_—__— Hendricks 1 - _ Albee I , 1 Utah, Pd. -- - --^------- - artie - Sanitary Sewer (approximate location) 1 ' y� ____----- -_-- --_e ___ ________ __ t--- Roa-----_5_-_ ---------NaturalI T Lin. - -_. -----__—__---- -- '�---=_-- --- -----__ Cas (approximate location) -� 1 I NIF NIF NIF NIF N� -____—__------- N/F ! pro t Stan.�Goodrich B)oanson Calbrath Kelly N� R� Campbell N� N/F Flanders Bruhn NIF i Hendricks NIF IBowers N/F Sirotkln/Fox J stq. AaN AFP.°.e C.Ilaaasbtuh Flan FrWailmryFlat Mud Flat ACT 290 C-rlruetl.n I.. Rene.. ( D. Lake Champlain GRAPHIC SCALE 0 40 se 7s0 1 Inch = 40 % Rt�-CE� V EO A ,e A sa CIfy Of SO aurlin 9ton LLEWELLYN - HOWLEY INCORPORATED C°nsuBing same ces - Engineering P.rmltting 20 IUntbail Ave, Ste. 202M F (e02) 658-2882 South Burlington T (902) e58.2100 V.rmoat 05403htto:/hvway.Ihln— -3/,: Ail, :'__:_.:. Locus Legend Proposed Existing Y -a- 0 Notes 1.Owner of Record., Michael Sirotkin k Sally Fox 80 Bartlett Bay Road South Burlington. VT. 05403 2.Appllcant: Robert A h Mary Alice Irish 100 Park Road South Burlington, Vr. 05403 3-Zoning District: Lakeshore Neighborhood and Lakeshore Neighborhood Modified 4.Boundary Survey. David Tudhope, LS S.Topographic Infarmction:Davfd Tudhope, LS Irish Subdivision s.ath surllllshn Sketch Plan Oat- July 20W V.mwM Dr wn M sop 0-Mnsc 2005MI C.1. sh..h 7 a 1 7' 7' "71 lit A, A, —7c L Y J�7 at Kiniya YMCA II,LLLC, filed applica- tion #4C1198 for a project generally described as: Construction of a 20' x 40' shed, instal- lation of on -site wells, construction of atmospheric storage tanks and related pumping equipment in new water equipment building and installation of bused water lines. The project is located on Camp Kiniya Road in the Town of Colchester, Vermont. The District 4 Environmental Commission will review this application under Act 250 Rule 51 - Minor Applications. Copies of the application and proposed permit are available for review at the Colchester Municipal Office, Chittenden County Regional Planning Commission located at 30 Kimball Avenue, South Burlington, and the office listed below. The applica- tion and proposed permit may also be viewed on the Natural Resources Board's web site (www.nrb.state.vt.us/tup) by clicking on "District Commission Cases," selecting "Entire Database," and enter- ing the case number above. No hearing will be held unless, on or before January 2, 2008, a party notifies the District Commission of an issue or issues requiring the presentation of evidence at a hearing or the commis- sion sets the matter for hearing on its own motion. Any hearing request shall be in writing to the address below, shall state the criteria or subcriteria at issue, why a hearing is required and what -additional evidence wilt be presented at the hearing. Any hearing request by an adjoining property owner or other interested person must include a petition for party status. Prior to submitting a request for a hearing, please contact the district coordinator at the telephone number listed below for more information. Prior to conven- ing a hearing, the District Commission must determine that substantive issues requiring a hearing have been raised. Findings of Fact and Conclusions of Law will not be prepared unless the Com- mission holds a public hearing. Should a hearing be held on this proj- ect and you have a disability for which you are going to need accommodation, please notify us by January 2, 2008. Parties entitled to participate are the missionforacne noncommercial class A radio stj 1 Jericho, VT, on channel 206 opuating at 0.026 kW from an antenna 94 meters tall located at 44-31-40 N, 72-48-58 W. The officers and directors of NC Friends Broadcast- ing, Inc. are Todd P. Robinson, Allison Robinson, and Scott Knox. A copy of the application is available for public viewing in the public file at Jericho Town Library, 7 Jericho Center Circle, Jericho, VT 05465. PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Halt Con- ference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, Janu- ary 8, 2008 at 7:30 P.M. to consider the following: 1. Appeal 4AO-07-05 of Munson Earth Moving Corp, appealing the issuance of Notice of Violation #NV-07-20 by the Administrative Officer for a zoning violation at 1877 Williston Road. 2. Final plat application #SD-07-78 of Pizzagalti Properties, LLC for a planned unit development to construct a 30,000 sq. ft. general office building, 193 Tilley Drive. 3. Preliminary plat application #SD-07 79 & final plat application #SD-07-80 of Robert A. & Mary Alice Irish to subdivide a 3.8 acre parcel developed with a single family dwelling into two (2) lots of 1.65 acres (lot A) and 2.15 acres (tot B), 80 Bartlett Bay Road. John Dinklage, Chairman South Burlington Development Review Board Copies of the applications are available for public inspection at the South Burlington City Hall. December 19, 2007 STATE OF VERMONT CHITTENDEN COUNTY, SS. CHITTENDEN SUPERIOR COURT DOCKET NO. S0032-07 CnC Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006- sale or inquire at Lobe & Fortin, 30 Kimball Ave., Ste. 306, South Burling- ton, VT 05403, 802 660-9000. Deutsche Bank National Trust Company, as Trustee By: Joshua B. Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Ave., Ste. 306 South Burlington, VT 05403 STATE OF VERMONT CHITTENDEN COUNTY, SS. CHITTENDEN SUPERIOR COURT DOCKET NO. S0384-07 CnC Chase Home Finance, LLC, Plaintiff V. Dwayne Rivers, Mortgage Electronic Registration Systems, Inc., as nominee for Accredited Home Lenders, Inc. And Occupants residing at 40 Dods Drive, Milton, Vermont, Defendants NOTICE OF SALE By virtue and in execution of the Power of Sate contained in a certain mortgage given by Chase Home Finance, LLC to Dwayne Rivers dated May 9, 2005 and recorded in Volume 314, Page 73 of the Land Records of the Town of Milton, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purposes of foreclosing the same wilt be sold at Public Auction at 7:30 A.M. on January 2, 2008, at 40 Doris Drive, Milton, Vermont all and singular the premises described in said mortgage: To Wit: Being all and the same land and premises conveyed to Dwayne Rivers by Warranty Deed of Timothy P. Crowley and Candace R. Crowley dated May 9, 2005 and to be recorded in the Milton Land Records. Terms of Sale: $10,000.00 to be paid in cash by purchaser at the time of sate, with the balance due at closing. Proof of financing for the balance of the purchase to be provided at the time of sate. The sale is subject to taxes due and owing to the Town of Milton. Other terms to be announced at the TTof Sale: $10,000.00 to be paid in purchaser at the time of sale, wit,, the balance due at closing. Proof of financing for the balance of the purchase to be provided at the time of sale. The sale is subject to taxes due and owing to the Town of Jericho. Other terms to be announced at the sale or inquire at Lobe & Fortin, 30 Kimball Ave., Ste. 306, South Burling- ton, VT 05403, 802 660-9000. Residential Funding Company, LLC By: Joshua B. Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Ave., Ste. 306 South Burlington, VT 0540 STATE OF VERMONT CHITTENDEN COUNTY, SS. CHITTENDEN SUPERIOR COURT DOCKET NO.S1441-06 CnC Wells Fargo Bank, NA, as Trustee for Option One Mortgage Loan Trust 2005- 1, Asset -Backed Certificates, Series 2005-1, Plaintiff V. Albert Belval, Tammy Saltus And Occupants residing at 431-433 Flynn Avenue, Burlington, Vermont, Defendants NOTICE OF SALE By virtue and in execution of the Power of Sate contained in a certain mortgage given by Option One Mortgage Corpora- tion to Albert Betval dated August 20, 2004 and recorded in Volume 885, Page 3 of the Land Records of the Town of Burlington, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purposes of foreclosing the same will be sold at Public Auction at 1:00 P.M. on January 2, 2008, at 431-433 Flynn Avenue, Bur- lington, Vermont all and singular the premises described in said mortgage: To Wit: Being all and the same land and premises conveyed to Albert Belval by Quitclaim Deed of Allen Bruce, Trustee to reconvey dated December 4, 1992, and recorded in Volume 472 at Page 241 „—a.iu iui uie 1 pure L foreclosing the same will be sok Public Auction at 3:30 P.M. on J 2, 2008, at 28 Park Road, South lington, Vermont all and singuta premises described in said morti To Wit: Being all and the same lands am premises conveyed to Trisha Bar Warranty Deed from James and f Rublee dated October 11, 2005 recorded October 13, 2005 in Vo 730 at Page 180 of the Land Rer the City of South Burlington. Terms of Sale: $10,000.00 to be in cash by purchaser at the time sale, with the balance due at cic Proof of financing for the batanc the purchase to be provided at t of sate. The sale is subject to ta: due and owing to the Town of S( Burlington. Other terms to be announced at sate or inquire at Lobe & Fortin, Kimball Ave., Ste. 306, South Bu ton, VT 05403, 802 660-9000. EMC Mortgage Corporation By: Joshua B. Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Ave., Ste. 306 South Burlington, VT 05403 STATE OF VERMONT CHITTENDEN COUNTY, SS. CHITTENDEN SUPERIOR COURT DOCKET NO. S221-07 Cnc Aurora Loan Services LLC, Plaintiff V. Douglas Skidmore And Occupant: residing at 195 Hinesburg Road, South Burli Vermont, Defendants NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a cert mortgage given by Lehman Broth Bank, FSB to Douglas Skidmore d, March 7, 2006 and recorded in Vc 743, Page 589 of the Land Retort the Town of South Burlington, of mortgage the undersigned is the holder, for breach of the conditio CITY OF SOUTH BURLINGTUN DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 3, 2008 Bob Irish 100 Park Road South Burlington, VT 05407 Re: Bartlett Bay Road Dear Mr. Irish Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, January 8, 2008 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 5 PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Con- ference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, Janu- ary 8, 2008 at 7:30 P.M. to consider the following: 1. Appeal #AO-07-05 of Munson Earth Moving Corp. appealing the issuance of Notice of Violation #NV-07-20 by the Administrative Officer for a zoning violation at 1877 Williston Road. 2. Final plat application #SD-07-78 of Pizzagalb Properties, LLC for a planned unit development to construct a 30,000 sq. ft. general office building, 193 Tilley Drive. 3. Preliminary plat application #SD-07- 79 & final plat application #SD-07-80 of Robert A. & Mary Alice Irish to subdivide a 3.8 acre parcel developed with a single family dwelling into two (2) lots of 1.65 acres (lot A) and 2.15 acres (lot B), 80 Bartlett Bay Road. John Dinklage, Chairman South Burlington Development Review Board Copies of the applications are available for public inspection at the South Burlington City Hall. December 19, 2007 l I Permit Number SD- 4 - CITY OF SOUTH BUFLINGTON APPLICATION FOR PRELIMINARY SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Property: Michael Sirotkin & Sally Fox, 80 Bartlett Bay Rd, So. Burlington, Vt 05403 Phone 802- 999-4360, Easement: Robert A. and Mary Alice Irish, 100 Park Rd, So. Burlington, Vt 05403 Phone 802 864 7151 2) LOCATION OF LAST RECORDED DEED (Book and page #) Vol 752 Paqes 351-352 (6/20/06) 3) APPLICANT (Name, mailing address, phone and fax #) Robert A. and Mary Alice Irish, 100 Park Road. South Burlington. Vermont 05403 Phone 802 — 864 - 7151 4) CONTACT PERSON (Name, mailing address, phone and fax #) Lance A. Llewellvn, P.E., Llewellvn-Howlev Incorporated, 20 Kimball Ave. Suite 202N, So. Burlington, Vt 05403 Phone 802 — 658- 2100 Contact email address: lal(a)lhinc net 5) PROJECT STREET ADDRESS: Lakeview Lane, So. Burlington, VT. 05403 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0130 - 00080 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) One residential unit is located on the western portion the parcel. The remainder is vacant. b) Proposed Uses on property (include description and size of each new use and existing uses to remain) It is proposed to subdivide the parcel into two (2) residential lots. Lot A (1.65 +/- acres) contains the existing house and out buildings. Lot B (2.15 +/- acres) will be subdivided at a future date. c) Total building square footage on property (proposed buildings and existing buildings to remain) The existing house and garage on Lot A are less than 3,400 sf +/-. The proposed Lot B — unknown at this time. d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 35 feet maximum e) Number of residential units (if applicable, new units and existing units to remain) Existing Lot A - 1 residential unit existinq. Proposed Lot B — Future subdivision 1-5 residential units. f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): NA g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Lot A — existing residential unit presently served by utilities. Lot B (and subsequent subdivision) to be served by municipal facilities extended to and on the site. h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc.: NA 8) LOT COVERAGE a) Building: Existing < 2% % Proposed < 20% % b) Overall (building, parking, outside storage, etc) Existing < 4% % Proposed ` 40% % c) Front yard (along each street) Existing NA % Proposed < allowed 9) COST ESTIMATES a) Building (including interior renovations): $ Construction cost pending development of proposed Lot B b) Landscaping: $ Construction cost pending development of proposed Lot B c) Other site improvements (please list with cost):_ Construction cost pending development of proposed Lot B 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): No units proposed - traffic pending final config. of Lot B b) A.M. Peak hour for entire property (in and out): No units proposed - traffic pending final confiq. of Lot B c) P.M. Peak hour for entire property (In and out): No units proposed - traffic pending final config. of Lot B 2 11) PEAK HOURS OF OPERATION: No units proposed - traffic pending final config. of Lot B 12) PEAK DAYS OF OPERATION: No units proposed - traffic pendinq final confiq. of Lot B 13) ESTIMATED PROJECT COMPLETION DATE: 2007 14) PLEASE LIST ABUTTING LANDOWNERS, INCLUDING THOSE ACROSS THE STREET. You may attach a separate sheet. See attached sheet 15) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNAT O ANT SIG ATURE OF P OPERTY OWNER Do not write below this line DATE OF SUBMISSION: ilh I- i I have reviewed this preliminary plat application and find it to be: VComp 3 Permit Number SD-- v CITY OF SOUTH BURLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Property: Michael Sirotkin & Sally Fox, 80 Bartlett Bay Rd, So. Burlinqton, Vt 05403 Phone 802- 999-4360, Easement: Robert A. and Mary Alice Irish, 100 Park Rd, So. Burlinqton, Vt 05403 Phone 802 864 7151 2) LOCATION OF LAST RECORDED DEED (Book and page #) Vol 752 Paqes 351-352 (6/20/06) 3) APPLICANT (Name, mailing address, phone and fax #) Robert A. and Mary Alice Irish, 100 Park Road. South Burlinaton. Vermont 05403 Phone 802 — 864 - 7151 4) CONTACT PERSON (Person who will receive all correspondence from Staff. Include name, address phone& fax #) Lance A. Llewellyn, P.E., Llewellyn -Howley Incorporated, 20 Kimball Ave, Suite 202N, So. Burlinqton, Vt 05403 Phone 802 — 658- 2100 Contact email address: lal@lhinc.net 5) PROJECT STREET ADDRESS Lakeview Lane, So. Burlinqton, VT. 05403 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0130 - 00080 7) DETAILED PROJECT DESCRIPTION a) Existing uses on Property (including description and size of each separate use) One residential unit is located on the western portion the parcel. The remainder is vacant. b) Proposed uses on property (include description and size of each new use and existing uses to remain) It is proposed to subdivide the parcel into two (2) residential lots. Lot A (1 65 +/- acres) contains the existing house and out buildings. Lot B (2.15 +/- acres) will be subdivided at a future date. c) Total building square footage on property (proposed buildings and existing buildings to remain) The existing house and garage on Lot A are less than 3,400 sf +/-. The proposed Lot B — unknown at this time. d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 35 feet maximum e) Number of residential units (if applicable, new units and existing units to remain) Existing Lot A - 1 residential unit existinq. Proposed Lot B — Future subdivision 1-5 residential units. f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) NA g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) Lot A — existing residential unit presently served bV utilities. Lot B (and subsequent subdivision) to be served by municipal facilities extended to and on the site. h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. NA 8) WETLAND INFORMATION a) Are there any wetlands (Class I, II, or III) on the subject property? Wetlands Map of the City of South Burlington Land Development Regulations shows no wetlands. b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: Lot A 1.65+/-, Lot B 2.15 +/- Acres (acres /sq. ft.) b) Building Coverage: Existing A - 3,379+/- square feet 5% % B - 0 0% Proposed A - 3,379+/- square feet 5% % B-TBD TBD c) Overall Coverage (building, parking, outside storage, etc): 2 t A - 22,690+/- 32% Existing B - 0 square feet 0% % A - 22,690+/- 32% Proposed B - TBD square feet TBD % d) Front Yard Coverage(s) (commercial projects only): Existing NA square feet NA % Proposed NA square feet NA % 10) AREA DISTURBED DURING CONSTRUCTION: TBD sq. ft. * *Projects disturbing more than on -half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 11) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Development Regulations (e.g., setbacks, height, parking, etc.) that the applicant is seeking No units proposed - waivers pendinq final confiq. of Lot B 12) COST ESTIMATES a) Building (including interior renovations) $ Construction cost pending development of proposed Lot B b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ Construction cost pending development of proposed Lot B c) Other site improvements (please list with cost) Construction cost pendinq development of proposed Lot B 13) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) No units proposed - traffic pending final config. of Lot B b) A.M. Peak hour for entire property (in and out) No units proposed - traffic pendinq final confiq. of Lot B c) P.M. Peak hour for entire property (In and out) No units proposed - traffic pendinq final confiq. of Lot B 14) PEAK HOURS OF OPERATION No units proposed - traffic pendinq final confiq. of Lot B 15) PEAK DAYS OF OPERATION No units proposed - traffic pending final confiq. of Lot B 16) ESTIMATED PROJECT COMPLETION DATE 2007 3 { 17) ABUTTING LANDOWNERS — please list abutting landowners, including those across any streets. You may attach a separate sheet. See attached sheet 16) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATU OF APVICAN7 IGNATURE OF PROPERTY OW Do not write below this line DATE OF SUBMISSION: ! I have review dthis preliminary plat application and find it to be: Complete ❑ Inc plete �a D' ector of Planning &Zoning or Designee l3ate 4 J SKETCH PLAN APPLICATION Michael Sirotkin and Sally Fox - 80 Bartlett Bay Road - South Burlington, Vermont CONTIGUOUS PROPERTIES George & Judy Bowers, 56 Bartlett Bay Road, South Burlington, VT 05403, 862-1751 Alex Hendricks, 58 Bartlett Bay Road, South Burlington, VT 05403, 828-345-5200 Paul Bruhn, 60 Bartlett Bay Road, South Burlington, VT 05403, 862-1327 Peter & Deborah Gailbraith, 68 Bartlett Bay Road, South Burlington, VT 05403, 862-7623 Dana Flanders, (62 Bartlett Bay Road), 2005 Oak Grove Road, Atlanta, GA 30345 Bill Warnock / Michelle Starr, 69 Bartlett Bay Road, South Burlington, VT 05403, 862-7001 Rick & Margaret Briand, 61 Bartlett Bay Road, South Burlington, VT 05403, 864-9285 Gerhild Bjornson, MD, 70 Bartlett Bay Road, South Burlington, VT 05403, 862-8626 Francis & Jane Campbell, 64 Bartlett Bay Road, South Burlington, VT 05403, 863-2141 David Goodrich, 72 Bartlett Bay Road, South Burlington, VT 05403, 872-7554 Robert & Shelley Butterfield, 71 Bartlett Bay Road, South Burlington, VT 05403, 862-8909 Jeffery Davey, 33 Bartlett Bay Road, South Burlington, VT 05403, 864-2101 Christopher & Katherine Stone, 74 Bartlett Bay Road, So Burlington, VT 05403 985-2057 Ms E. Linde, 5 Lakeview Lane, South Burlington, VT 05403, 660-3836 Rosalee Sprout / Bud Ames, 76 Bartlett Bay Road, South Burlington, VT 05403, 864-7774 Paul & Anne Morewood, 3 Lakeview Lane, South Burlington, VT 05403, 658-3277 Dr. Richard & Barbara Reed, 78 Bartlett Bay Road, South Burlington, VT 05403, 863-6218 Todd & Patrica King, 7 Lakeview Lane, South Burlington, VT 05403, 951-8892 Arthur & Genevieve Rideout, 127 Homes Road, South Burlington, VT 05403, 862-5969 David Farrell, Shelburne Road, South Burlington, VT 05403, 658-2972 Mark & Lisa Kelley, 66 Bartlett Bay Road, South Burlington, VT 05403, 864-7635 / 864-6066 KyLct. C�. -, f CIT CLERK'S OF FICE � o Received o"L.at�M Recorded in V on page3 Of So. BurlingtonjLand Records Attest: X-n V� K-� � ��`��� Vermont Wari-altty Deed tA. Picark,�C(NF ILL PERSONS BY THESE PRESENTS. THAT. we. JOSEPH M. FINNIGAN and SUSAN E. FrNNIGAN. of South Burlington. in the County of Chittenden, and State of Vermont. Grantors, in consideration of TEN and MORE Dollars paid to our full satisfaction by TODD KING and TRICIA KING. of J. n in the County of LL 00-4 -- and State of Vermont. Grantees. by these presents, do freely GIVE. GRANT, SELL. CONVEY, and CONFIRM unto the said Grantees, TODD KING and TRICIA KING, husband and wife as tenants by the entirety, anc their heirs and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows. viz: Being all and the same land and premises conveyed to Joseph M. Finnigan and Susan E. Firuiigan by Warranty Deed of Homestead Design, Inc., dated June 25, 1984, and of record in Volume 203, Page 209 of the South Burlington City- Land Records and more particularly described therein as follows: "Being a lot of land containing 1.54 acres, more or less, said lot depicted as Lot #1 on a Plan of Land identified as "Homestead Design Inc. Property, South Burlington, Vermont" dated March 3, 1983, Revised May 19, 1983, July 20, 1983 and September 13. 1983, prepared by G.E. Bedard, Inc., and recorded in Volume 166, Page 39 of the South Burlington City Land Records, and being more particularly described thereon as follows: beginning at a point marked by an iron pin, said point being the southwesterly corner of the herein Lot and the northwesterly corner of Lot 42; thence proceeding N 5°04' E for a distance of 93.08 feet to an iron pin; thence proceeding in the same direction for a distance of 20.34 feet to an iron pin; thence turning to the right and proceeding S 82°35'45" E for a distance of 189.35 feet to an iron pin; thence turning to the left and proceeding N 7'24'15" E for a distance of 60.00 feet to an iron pin; thence turning to the right and proceeding S 82°35'45" E for a distance of 161.00 feet to an iron pin: thence turning to the right and proceeding S 17°19'55" W for a distance of 170.69 feet to an iron pin; thence turning to the right and proceeding S 83"32'20" W for a distance of 316.05 feet to an iron pin marking the point and place of beginning. Said lands and premises have the benefit of and are subject to a certain roadway easement depicted on the above -mentioned Plan, in common with other users, for ingress and egress to and from the within Lot, until such time as said right of way is accepted by the City of South Burlington as a public street. The maintenance and repair of said roadway shall be shared equally with other users of said roadway. Said lands and premises are subject to an Agreement and Waiver by and between Homestead Design, Inc. and the City of South Burlington dated June 21, 1984, and recorded in Volume 201, Pages 392-395 of the South Burlington City Land Records. Said lands and premises are subject to an Irrevocable Offer of Dedication by and between Homestead Design, Inc. and the City of South Burlington dated June 21, 1984 and recorded in Volume 201, Pages 388-391 oFthe South Burlington City- Land Records. __. M k�"Y. Said lands and premises are subject to a Utility Easement given by Homestead Design, Inc. to the City of South Burlington dated June 21, 1984 and recorded in Volume 201, Pages 396- 398 of the South Burlington City Land Records. Being a portion of the lands and premises conveyed to Homestead Design, Inc. by Warranty Deed of John M. Collins, James P. Collins and Maureen Henry dated June 8. 1983 and recorded in Volume 188, Pages 444-445 of the South Burlington City Land Records." Reference is hereby made to the aforementioned deeds and the records thereof and the deeds and plans therein referred to in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, TODD KING and TRICIA KING, husband and wife as tenants by the entirety, husband and wife as tenants by the entirety, and their heirs and assigns forever. And the we, the said Grantors, JOSEPH M. FINNIGAN and SUSAN E. FINNIGAN, for ourselves and our heirs and assigns covenant with the said Grantees, TODD KING and TRICIA KING, their heirs and assigns that until the ensealing of these presents, we are the sole owners of the premises, and have good right and title to convey the same in the manner aforesaid, that they are free from every encumbrance, except as aforementioned, and we hereby engage to WARRANT and DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, we set our hands and seal this 27th day of July, 2001. IN PRESENCE OF: Witness as to b th STATE of VERMONT COUNTY OF CHITTENDEN, SS At _bt in said County this 27th day of July, 2001, personally appeared, JOSEPHIM. FINNIGAN and SUSAN E. FINNIGAN, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. Wont Pr dy Tranoor TV( 32 V.s.A. Chep 231 KNO LE_DGE�AENT of c C'DZAX pAl� mmg ►,CT CERi REC D •�5E &pEVELOP� O�� .0'A* Before me: p Notary Public Y;(y Commission Expires: 2/10/03 Of <)CUEt4T ( / �/C) � to Hi Bob, You wish to know whether our staff notes will reflect that you have "indisputable" access over Lakeview Ln. Our comments will include the fact you have Warranty Deed for the street. That is good enough for us to assure legal access to your subdivision. There is no such thing as temporary use of a road. If the lot served by Lakeview Ln. is ever developed without an alternate access approved, then Lakeview Ln. will have to be upgraded to City standards. I hope this answers your questions, if not ,let me know. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 TO: Ray Blair, Planning / Zoning Administrator FR: Bob Irish RE: 80 Bartlett Bay subdivision DT: 10.01.07 Ray: In preparation for my Initial / Final Plat meeting I am writing to get your "staff comments" on what continues to be a very difficult process to get the three parcels of land I owned at 80 Bartlett Bay separated back to where they were before state legislation merged them together some time ago. At the sketch Plan meeting on 9.24.07 one of the neighbors on Lakeview Lane(Ms. Linde) contended she and the other three residents on Lakeview Lane own the road and 1 had no legal access. As you know, at the time I was in the process, and now have a warranty deed for that 60 foot strip of land which the City of South Burlington Quit Claimed back to Homestead Design. In a meeting with those neighbors to clarify this ownership issue they still contend ownership is in dispute. Their position is the legend on the 1983 Homestead plan shows the boundary of their lots includes the area of the road. They contend they have paid taxes on that area and do not want to request an adjustment which would jeopardize that "ownership". The Lot designation on that map Le.(Lot #1) is inside the boundary as described in their deeds and those measurements DO NOT include the road way. They have subsequently said they will not oppose my access to the lot I have requested be subdivided provided I do not use that road for five (5) years pending adjacent development and are asking I sign an agreement to that effect. My attorney, Randy Amis, informs me by means of my warranty deed I do have legal access. The DRB made it clear they can not adjudicate legal matters, which I understand, but I feel I need to get this resolved before a Initial / Final Plat meeting. If I force this legal point with the neighbors they could make further subdivision and development of this property even more difficult in terms of both time and cost. Based on the above, will staff notes reflect I do in fact have indisputable access and recommend the approval of this simple two lot subdivision? To preclude a contentious situation with the neighbors if I request temporary use of Lakeview Lane until such time the Farrell / Bahrenburg project is presented would staff recommend that option to the DRB ? As 1 have done all along my intention is to resolve issues before they become problems. I would appreciate any comments you or Juli-Beth have regarding this matter. Respectfully, Uv / wa+W SL r artTawv%a%.s .wawRtw �r ►r bpa--as-tea aaa.=ss'-�r-a aes=ar=.r' a -- .ir------- -- its 1 � i 1 'P 0.04 NCALILsa J o I sw�wY► � � ! � � � p. O 1 1►a.�a. a sw\.w a.+at r— ..r i!— ---� I U.aT - 4 MwtrY/!s - •-•••-••• - .away 1 -ww+aua aw.awa\a-e M•.� .MGM' `� M q� -•.'- Fa- w PAL-e- fi �ar.sRi•r was -�� w \wa raa►e.a -ter..---sue w.aNf-•r-rrwY �\w\ • R.M ♦\w • � � TTY►a •�� � �11\.T\Yi►� a+ar�wsa a,Y1fw.VaYr �� �� �� >♦y�4P,... MT�IILS \M• l'� I .�W•R 'R O v� 4\w�T f r cc,t lA .'T L_W- .-7, 1-o-t ' I ss p• w-r�ta�=so'w M t ii4.00' �La'1:yo i0...0 •o.eo' c `aara a. al►1tTL.S.TTb al��( �IROA� � �wawaa� / I / �fYM'n 1 Na\la1'Y CCRTIrY THAT TNt \N�ORMr.T\OM .MOW\► NaRaON ,1 3&Avt.T OM A.% ACTI..AL 01101J\►a J►\.Rv aY ANC \a CJORRt.Wr TO T\.f. sa•'rT OP 'AN Kwpw Mara CI CLERK`S OFFICE f Received —3 / p67 atw M Recorded in Vol: on page-2K7 Of So. Burlington Land Records Attest: 117 a U 0 & N1111V 1,% - fTi _ 'Tfl ;=>:•Y"3o33 �iti�� _ '7`;j:`.In. _ �• .nce f bus-1', n--- `n ��,.-i _alp=a=��. :__ .3s� __V. U, L - r _ - -- - yi''� 3 t_ hiTT -nden Find NUile (IT V CTT11()iTl_ Tit;TCillaner oralltul. lli Ulu witz 1UG1atlull u1 I C11 and 1v1Uic Dollars paid to its full satisfaction by ROBERT A. IRISH AND U%RZ ` f� =:z_ 3�.=..: South Burlington in the County of Chittenden and State of Vermont, hereinafter Grantees. these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantees, ROBERT A. IRISH AND MARY ALICE IRISH, husband and wife, as tenants by the entirety, and their heirs and assigns forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Being all and the same lands reconveyed to Homestead Design, Inc., by Quitclaim Deed of City of South Burlington, dated August 7, 2007 and recorded August 15, 2007 in Volume 792, Page 364 of the City of South Burlington Land Records and being more particularly described as follows: Being a strip of land sixty (60) feet in width and depicted as "60' PRIVATE ROAD EASEMENT" on a Survey Plan entitled: "PROPOSED HOMESTEAD DESIGN, INC. PROPERTY SOUTH BURLINGTON, VERMONT," prepared by George Bedard, dated March 3, 1983, last revised September 13, 1983 and recorded in Volume 166, Page 39 of the aforesaid Land Records. Also being all and the same lands as purportedly conveyed to City of South Burlington by the following deeds of Homestead Design, Inc: Utility Easement Deed dated September 2, 1983 and recorded in Volume 191, Page 308; Warranty Decd dated October 20, 1983 and recorded in Volume 194, Page 509; and by Warranty Deed dated June 22, 1984 and recorded in Volume 203, Page 207 of the aforesaid Land Records. Also being a portion of the land and premises conveyed to Homestead Design, Inc. By Warranty Deed of John M. Collins, James P. Collins and Maureen Henry, dated June 8, 1983 and recorded in Volume 188, Pages 444-445 of said Land Records. The property conveyed herein is subject to the following easements, rights -of - way, covenants and other restrictions of record: a. Water and Sewer Easement by Utility Easement Deed from Homestead Design, Inc., to City of South Burlington dated R2625/1 1 ra / n annla a \ �Y art r. nnn r,a .\t't \I t'l tillt�l' / I Yn \ :-Ifl(1 I'f�I'1 \f14!'iI IIl V /\111 [ili-• 1 Y t YNL)Y 111i� [ll Mlif LS''1 Lt �JC!CiCfi L}ilLiili�.iJli L-.^..-fill LiC�uLiiv. = iri3 e:"eti #i'i e' i-ei eeierC'ern� i iT�i eii� ell:= if-r - wise wie `_ si it ir:�se ieair=xe ees 1 Inr. c�»+I+nr i J i tiYf� __A _AVwri_A \!r.l..m .� 1 1 �r 1)...rr. � V nt iMn .+t..,•....... rt �S:f����bi i _ _ ..-_. Ci1SL' �b i•�.�� S:•i 1.arid Fero -ids tei c-xin_ct her property to lie w to and � ta;; sn �. _ _ : er i? ic3 r• inn�ree aw\ri t+nrnee rinHre �e r�rlH\{pLrp fi nil F-jrlYH pl•1c.+•ari 1 1—;1m. .r rY +.S r aw...i ✓rvw ..� aiavvwvav ate. uiu�a. aa_"• • a... a�aw Carolyn W. Butterfield, William R. and Janet T. Shearer, i rd-ficis L. and Jane P. Campbell, Williams Dana Flanders, Ill, Paul A_ and Kathleen Stankebich Braun, Robert A. and Mary Alice Irish, The Merchants Trust Company Trustee u/a with Albert G. Mackay, Margaret M. Trombley, Richard R. and Barbara B. Reed, John J. and Theresa M. Corskie, Henry M. and Margaret R. Farmer, Bruce B. and Gertrude M. Butterfield, and Patricia F. Starr dated October 31, 1983 and recorded in Volume 179, Page 292 of the aforesaid Land Records. ii. Warranty Deed to Joseph M. Finnigan and Susan E. Finnigan dated June 25, 1984 and recorded in Volume 203, Page 209 of the aforesaid Land Records. iii. Warranty Deed to Martin E. Flanagan and Barbara C. Flanagan dated October 30, 1984 and recorded in Volume 209, Page 351 of the aforesaid Land Records. iv. Warranty Deed to Joseph M. Finnigan and Susan E. Finnigan dated April 10, 1987 and recorded in Volume 219, Page 394 of the aforesaid Land Records. v. Warranty Deed to Dennis R. Baltzley and Michele W. Baltzley dated August 7, 1987 and recorded in Volume 249, Page 134 of the aforesaid Land Records. d. Irrevocable Offer of Dedication Agreement between Homestead Design, Inc., and the City of South Burlington dated June 21, 1984 and recorded in Volume 201, Page 389 of the City of South Burlington Land Records. e. Agreement and Waiver between Homestead Design, Inc., and the City of South Burlington dated June 21, 1984 and recorded in Volume 201, Page 392 of the of the aforesaid Land Records. f. State of Vermont Subdivision Permit EC4-0771, dated R2625/1 2 December b, 1983 and of record :n 1/olume _ _, Pages _ of 'Che -Sorest id Land Records. Reference is hereby made to the aforerr_entioned deed, Tree deeds and. reCorri4 thereof. all in wrther aid 10fthis 3dt-,cOriptiCRt1- TO HA t--'. AND !'0 HOLD said graitted premises, with all the privileges and appurtenances thereof; to the said Grantees; ROBERT A. IRISH AND MARY ALICE IRISH, husband and wife, as tenants by the entirety, and their heirs and assigns, to their own use and behoof forever; And the said Grantor for itself and its successors, administrators and assigns, does covenant with the said Grantees and their heirs and assigns, that until the ensealing of these presents it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; except as above - stated and except current real estate taxes and municipal assessments, on the herein conveyed real estate which shall be prorated as of the date of this deed or the delivery hereof, whichever shall occur later, and the Grantee herein shall be liable for same thereafter; and it does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatsoever, except as above -stated. IN WITNESS WHEREOF, HOMESTEAD DESIGN, INC., by and through its duly authorized agent, John E. Hausner, hereunto sets his hand and seal on this �� day of August, 2007. IN THE PRESENCE OF: r STATE OF VERMONT CHITTENDEN COUNTY, SS. HOMESTEAD DESIGN, INC. By: 1 tit %, L.S. �_ , _ Its duly authorized agent At Essex Jun +itkd,yoo ty and State, on this :31�day of August, 2007, personally appeared , duly authorized agent for Homestead Design, Inc., and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Homestead Design, Inc. Vermont Property Transfe$�€e me,y "`Ct�l - 32 V.S.A. Chap 231 Notary Public -ACKNOWLEDGEMENT- My commission expires: 2/10/11 RETURN REC'D-TAX PAID HOARD OF HEALTH CERT. REC'D. VT LAND USE & DEVELOPMENT PLANS ACT. CERT. REC'D 3 ra, Return No. — ( ��� R2625/1 3 Clerk Date �C� RE: Page 1 of 1 From: Paul Morwood <paulmorwood@msn.com> To: irishbobike@aol.com Cc: ttrippking@mindspring.com; toddki@burton.com; etGndeCaol.corn; annemorwoodChotmail.com Subject: RE: Date: Sun, 23 Sep 2007 9:38 am > To: Subject:> Date: Sat, 22 Sep 2007 10:30:37 -0400> From: ;-ishbobike!'a l.com>> Good morning Paul, Hope you are able to enjoy these beautiful SUMMER days ... wish we could bank 'em.> Just a note to see if you have made any progress on your "neighborhood letter" ???> I hope the surveyor will finish his drawing this week end so I can get an application in to S.B. for a meeting in mid Oct.> I'll talk to you soon..> Later, Bob> > Email and AIM finally together. You've gotta check out free AOL Mail! Hi Bob: Here is a consensus proposal: --The three families (King, Linde, Morwood) on LakeView Lane withdraw opposition to your position that you have access by way of LakeView Lane to your acreage. The withdrawal of opposition is not permanent. It can be revoked unless the following conditions are agreed to and met: i. There will be no upgrade to City standards of LakeView Lane at any time before the passage of five years, that is, before September, 2012. ii. You, or the subsequent owner of the acreage, must agree to seek ingress and egress for purposes of developing the acreage, by using the Farrell roads. iii. In the event ingress and egress is obtained through the Farrell roads, you, or your successors, will abandon LakeView Lane access and will Quit Claim the road back to a Road Owners Association. iv. You will take all reasonable measures, and will support our reasonable measures, to avoid LakeView Lane being connected to the Farrell Roads, i.e., LakeView is presently a dead end street and we would like it to remain as such. After our meeting at Todd and Trisha's house, it was my feeling that we are all pretty much on the same page. Hope we can continue that way. Paul http://webmail.aol.com/30583/aol/en-us/MaiVPrintMessage.aspx 9/24/2007 RE: Lakeview Lane Page 1 of 1 From: Paul Morwood <pauknorwood@rnsn.com> To: irishbobikeCaol.com Cc: toddki@burton.com <toddki@burton.com>; etlinde@aol.com <etlinde@aol.com>; annemorwood@hotmail.com Subject: RE: Lakeview Lane Date: Mon, 24 Sep 2007 9:05 am Hi Bob: The "no upgrade" provision is intended to mean that no additional users of the road would be allowed during the five-year period. Once the five years were up, and only in the unfortunate case of Farrell's road not being available, then LakeView Lane could be upgraded for additional users. Paul To: paulmo_rwood@msn_.com Subject: Lakeview Lane Date: Mon, 24 Sep 2007 08:45:34 -0400 From: irishbobike@aol.com Paul. Thanks for the update. I need to understand ( i.)... no upgrade.... a little more clearly but that looks good to me. Let me know when you have the final draft and we can discuss in more detail then. Again thanks for the quick response. Later, Bob Email and AIM finally together. You've gotta check out free AOL Mail! http://webm,aii.aol.com/30583/aol/en-us/Maii/PrintMessage.aspx 9/26/2007 DEVELOPMENT REVIEW BOAR., 21 AUGUST 2007 The South Burlington Development Review Board held a regular meeting on Tuesday, 21 August 2007, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; P. Plumeau, E. Knudsen, G. Quimby, R. Farley, M. Birmingham Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; C. Ryan, K. McMahon, F. Benoit, L. Llewellyn, D. Bell, W. Stocks, G. & A. Rideout, C. Jensen, M. Sirotkin, S. Fox, T. King, R. Sprout, D. Boardman, J. Paulse, G. Fucile, C. Galipeau, D. Rouille, J. Porter, A. Morwood, E. Linde, J. Desautels, T. McKenzie, B. Irish, S. Palmer, G. Milot, A. Bartlett, D. DeSarno, W. Schroeder, M. Dufresne 1. Other Business: Mr. Belair asked members to let him know which date is best for them for a joint meeting with the Planning Commission in October. 2. Minutes of 24 July 2007: Ms. Quimby moved to approve the Minutes of 24 July as written. Mr. Farley seconded. Motion passed 4-0 with Messrs. Knudsen and Birmingham abstaining. Sketch Plan Application #SD-07-46 of Bob and Mary Alice Irish to subdivide a 3.19 acre parcel developed with a single family dwelling into two lots of 0.87 (lot A) and 2.32 acres (lot B), 80 Bartlett Bay Rd: Mr. Llewellyn showed the location of the property which is served by Lakeview Lane, a private road. Mr. Dinklage asked what assurance the city has that Lot B will be able to get access to Lakeview Lane over property owned by Homestead Design. Mr. Irish said there is a question as to whether the city wants to retain the deed to Lakeview Lane or whether it will be deeded back to Homestead Design. Mr. Dinklage said the Board does not like to approve a subdivision where a piece of property is landlocked. Mr. King said he is the owner of the last property where the road stops short. Mr. Llewellyn said they have no problem extending Lakeview Lane as there is an easement. Mr. Belair noted that since Lakeview Lane is a private Road, the Board will have to hear evidence that the applicant can use it. He also noted that this application triggers the need to upgrade Lakeview Lane to a public street. Mr. King said he is opposed to the use of this access. He said there is a proposal by the Farrells that would also give access to this property. He stressed that they do not want -1- ' EVELOPMENT REVIEW BOAR, 21 AUGUST 2007 their home to be in the middle of a circular road. He added that he has asked for a master plan for the Farrell property. Mr. Dinklage said the DRB will scrutinize the Farrell application when it materializes, but Lakeview Lane was clearly intended to connect in this way. Mr. Belair reviewed how the city acquired the deed to Lakeview Lane. He noted that the City recently quitclaimed all of its rights to this road back to Homestead Design. The City has no interest in that road unless it is upgraded to City standards. Mr. King said the homeowners own part of that road now. Mr. Belair said that is not his understanding. He said the residents have a right to cross that road. Mr. King said he is taxed on that property. Mr. Belair said he would need to talk to the assessor about that. Mr. Dinklage said the applicant will have to work out access to Lot B with Homestead Design. They Board could not approve the application without that. Mr. Dinklage asked whether the Board can ask the Farrells for a master plan. Mr. Belair said only if they apply with more than 100 units. Ms. Linde said her property deed indicates she owns her portion of Lakeview Lane, and she was told the road could not be further developed without approval of the residents. Mr. Dinklage said the Board cannot adjudicate that. Appellants will have to make their claim to the road crystal clear. Ms. Linde said if the Irishes will stipulate access through the Farrell property, residents will have no objection to the development. Mr. Knudsen asked about a possible access through Lot A. Mr. Irish said that would still generate the 4ch unit on a private street. Mr. King questioned why the road was deeded back to Homestead Design. Mr. Belair said he wasn't aware the city had the deed until the Irish development was presented a few weeks ago. The city doesn't want the road as it meets none of the conditions for the city to take it over. Ms. Sprout said she was concerned with the impact of more development in the area. 4. Miscellaneous application #MS-07-07 of Dennis Rouille to alter the existing grade by adding 3,277 cubic yards of fill, Foulsham Hollow Rd: Mr. Gallipeau said they would place the material on Lot #4 of the Rouille property. The fill is already placed. Mr. Dinklage asked who authorized the fill to be placed there. Mr. Gallipeau said Mr. Rouille was approached by John McDonald to do it. He didn't know approval was needed. Mr. Dinklage said Mr. McDonald clearly should have known approval was needed. He asked if any fill was placed in a buffer. Mr. Gallipeau said it was not. It is all outside the wetland buffer. Mr. Belair confirmed there is no encroachment. -2- SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 September 20, 2007 Lance Llewellyn Llewellyn -Howley 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Minutes - Bob Irish Project Dear Lance: For your records, enclosed is a copy of the approved August 21, 2007 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, ('6 Betqynough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: __jj U 4 W 5 -a//r) tbI NAME MAILING nnnRFcc DO^ IC/+T nr 1\I4rrMrfo%T — -- — — 1 Iwuw 1 yr, IIV 1 CI(C.7 1 1--` 1J (tom 1 l✓G'J/ � V �����' J� t� a� e «* l l •` •- 14 T'sw�— ! -o& '^.n 1 A�4724IZ X i�/Dl- car' /,2 7 yaC, fi-Er /T I ��'vul+'�Iti � �i,��'l�J� i ��,� . j� �d (ti�� b►t�t b �� i� � � �'�� ���i ��,g � CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: Dlt2 NAME MAII mr. AnnD=Qc Vis ---- - — — -- ���+�+ -i ze r 1\VJG<► 1 yr IIY 1 CRCJ 1 V LP►KLUr 176 over IPv� B�►� S ►� �'" �e �, 12 3 CG V r I IGn►Sr rJ ��t�Nc, �'c oci �© C!0 1C L (b 5 St1G�8�ce-j'z v r CC�1 r 15 R o r { rC j}iZ,sk��PE► box , 5�• pa oPeat»s v50��s� !mood 23 fl� CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE. NAME MAILING ADDRESS &-ok." t1;7A. r PROJECT OF INTEREST CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: August 17, 2007 \drb\sub\irish\irish_sketch_sub.doc Application received: August 2, 2007 Irish-2-1 otSUBDI WSION 80 Bartlett Bay Road SKETCH PLAN APPLICATION # SD-07-46 Agenda # 3 etin Date: August 21, 2007 Owner Applicant Michael Sirotkin & Sally Fox Robert A. & Mary Alice Irish 80 Bartlett Bay Road 100 Park Road South Burlington, VT 05403 South Burlington, VT 05403 Contact Person Property Information Lance Llewelyn, Llewellyn -Howley Existing Lot 20 Kimball Ave 0130-00080 South Burlington, VT 05403 3.19 acres Lakeshore Neighborhood Zoning District Residential 1- Lakeview Zoning District Scenic View Protection Overlay District Dorset Park Zone 3 Subject Property (existing) r J Subject Property CITY OF SOUTH BURLINGI UN 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\irish\sketch.doc Bob & Mary Alice Irish, hereafter referred to as the applicants, are seeking sketch plan review of a proposal to subdivide a 3.19 acre parcel developed with a single family dwelling into two (2) lots of 0.87 (lot A) and 2.32 acres (lot B), 80 Bartlett Bay Road. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on August 2, 2007 and have the following comments. Zoning District & Dimensional Requirements The subject property is proposed to be subdivided into two different zoning districts. Table 1. Dimensional Re uirements LN Zoning District Required Proposed Parcel A �I Min. Lot Size 12,000 SF 37,897 SF �l Maximum Building Coverage 20% 7.9% Maximum Overall Coverage 40% unknown zoning compliance RI -Lakeview Zoning District Required Proposed Parcel B �l Min. Lot Size 14,000 SF 101,059 SF �l Maximum Building Coverage 15% ** Maximum Overall Coverage 71 25% ** ** No buildings are proposed for this property at this time 1. The applicant shall provide information pertaining to the overall lot coverage of proposed Parcel A. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. There are no new buildings or associated infrastructure proposed for this property as part of this application. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\irish\sketch.doc According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. 1. The preliminary and final plat plans should show public water and sewer connections to serve Lot B. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. No construction is planned for this property as part of this application. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The existing lot is currently accessed via Bartlett Bay Road. The applicant is proposing to access the new lot B via Lakeview Lane, a private road. At this time, there are already three (3) homes accessed via Lakeview Lane, the maximum for a private road. The applicant shall be required to upgrade Lakeview Lane to a public road, meeting all related public roadway standards. The plans shall be revised to reflect a public roadway and shall be approved by the South Burlington Director of Public Works. 2. The applicant shall upgrade Lakeview Lane to city roadway standards prior to issuance of a zoning permit for any buildings on proposed `Lot B'. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The City's Official Wetland Map does not indicate any wetlands on the subject property. If there are any, the applicant shall include these on the site plans. At this time, there are no new buildings or associated infrastructure proposed for this property and staff finds no adverse impact to the wetlands as a result of this application. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The applicant has noted that the newly created lot will be targeted for residential development at some future point. Staff finds that the proposed subdivision is compatible with the planned development patterns of the R1-Lakeview Zoning District, as outlined in Section 9.01of the Land Development Regulations. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. There are no new buildings or associated infrastructure proposed for this property as part of this application. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\irish\sketch.doc The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Staff does not feel that this application warrants review by the Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. As stated above, Lakeview Lane must be upgraded to public roadway standards before any development may be commenced on Lot B. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. As stated above, Lakeview Lane must be upgraded to public roadway standards before any development may be commenced on Lot B. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed subdivision is in conformance with the South Burlington Comprehensive Plan. Other It is staff's understanding, based on information from the applicants, that the north -south portion of Bartlett Bay Road is part of the proposed Lot A. It should be indicated as such on the preliminary and final plat plans, with the lot size and dimensional information adjusted accordingly. Staff recommends that the applicant address the staff comments above before submitting preliminary plat application. Respectfully submitted, Cathya LaRose, Associate Planner Copy to: Michael Sirotkin, Owner Robert Irish, Applicant Lance Llewelyn, Consulting Engineer CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 17, 2007 Lance Llewellyn Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Bartlett Bay Road Dear Lance: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, August 21, 2007 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Si rely, Betsy XcPlonoL Planning & Zon Encl. 2ITY OF SOUTH BURLINGTON ) DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREETjeish SOUTH BURLINGTON, VT 05403 (802)846-4106 August 10, 2007 Dana Flanders 2005 Oak Grove Road Atlanta, GA 30345 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the August 21, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. l Permit Number SD -Ca- l' _ APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Michael Sirotkin and Sally Fox, 80 Bartlett Bay Road, South Burlington, Vermont 05403 Phone 802- 999-4360 2) LOCATION OF LAST RECORDED DEED (Book and page #) Vol 752 Pages 351-352 (6/20/06) 3) APPLICANT (Name, mailing address, phone and fax #) Robert A. and Mary Alice Irish,100 Park Road, South Burlington, Vermont 05403 Phone 802 — 864 - 7151 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) Option 5) CONTACT PERSON (Name, mailing address, phone and fax #) Lance A. Llewellyn, P.E., Llewellyn - Howley Incorporated, 20 Kimball Avenue, Suite 202N, South Burlington, Vermont 05403 Phone 802 — 658- 2100 Fax 802 — 658 2882 6) PROJECT STREET ADDRESS: Lakeview Lane 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 0130 - 00080 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) One residential unit is located on the western portion the parcel. The remainder is vacant. b) Proposed Uses on property (include description and size of each new use and existing uses to remain) It is proposed to subdivide the parcel into two (2) residential lots. Lot A (0.8++/- acres) contains the existing house and out buildings. Lot B (2.3K+/- acres) will be subdivided at a future date. c) Total building square footage on property (proposed buildings and existing buildings to remain) The existing house and garage on Lot A are less than 3,000 sf The proposed Lot B development — unknown at this time. d) Proposed height of building (if applicable) 35 feet maximum e) Number of residential units (if applicable, new units and existing units to remain) Existing Lot A - 1 residential unit existing Proposed Lot B — Future subdivision 1-5 residential units f) Other (list any other information pertinent to this application not specifically requested above. Please note if Overlay Districts are applicable 9) LOT COVERAGE a) Building: Existing less than 2% Proposed less than 20% b) Overall (building, parking, outside storage, etc) Existing less than 4% Proposed less than 40% c) Front yard (along each street) Existing NA Proposed less than allowed 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) proposed street right-of-way, water main and sewer line easements and other utility easements as required 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) Lot A — existing residential unit presently served by utilities. Lot B (and subsequent subdivision) to be served by municipal facilities extended to and on the site 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) See attached list 13) ESTIMATED PROJECT COMPLETION DATE 2007 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the plans must be submitted. A sketch subdivision application fee is $125. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. / Do not write below this line DATE OF SUBMISSION: 0I 2i D--+ I have revie d this sketch plan application and find it to be: Complete ❑ Incomplete '-)C� Director of Planning & Zoni Designee Date SKETCH PLAN APPLICATION Michael Sirotkin and Sally Fox - 80 Bartlett Bay Road - South Burlington, Vermont CONTIGUOUS PROPERTIES George & Judy Bowers, 56 Bartlett Bay Road, South Burlington, VT 05403, 862-1751 Alex Hendricks, 58 Bartlett Bay Road, South Burlington, VT 05403, 828-345-5200 Paul Bruhn, 60 Bartlett Bay Road, South Burlington, VT 05403, 862-1327 Peter & Deborah Gailbraith, 68 Bartlett Bay Road, South Burlington, VT 05403, 862-7623 Dana Flanders, (62 Bartlett Bay Road), 2005 Oak Grove Road, Atlanta, GA 30345 Bill Warnock / Michelle Starr, 69 Bartlett Bay Road, South Burlington, VT 05403, 862-7001 Rick & Margaret Briand, 61 Bartlett Bay Road, South Burlington, VT 05403, 864-9285 Gerhild Bjornson, MD, 70 Bartlett Bay Road, South Burlington, VT 05403, 862-8626 Francis & Jane Campbell, 64 Bartlett Bay Road, South Burlington, VT 05403, 863-2141 David Goodrich, 72 Bartlett Bay Road, South Burlington, VT 05403, 872-7554 Robert & Shelley Butterfield, 71 Bartlett Bay Road, South Burlington, VT 05403, 862-8909 Jeffery Davey, 33 Bartlett Bay Road, South Burlington, VT 05403, 864-2101 Christopher & Katherine Stone, 74 Bartlett Bay Road, So Burlington, VT 05403 985-2057 Ms E. Linde, 5 Lakeview Lane, South Burlington, VT 05403, 660-3836 Rosalee Sprout / Bud Ames, 76 Bartlett Bay Road, South Burlington, VT 05403, 864-7774 Paul & Anne Morewood, 3 Lakeview Lane, South Burlington, VT 05403, 658-3277 Dr. Richard & Barbara Reed, 78 Bartlett Bay Road, South Burlington, VT 05403, 863-6218 Todd & Patrica King, 7 Lakeview Lane, South Burlington, VT 05403, 951-8892 Arthur & Genevieve Rideout, 127 Homes Road, South Burlington, VT 05403, 862-5969 David Farrell, Shelburne Road, South Burlington, VT 05403, 658-2972 Mark & Lisa Kelley, 66 Bartlett Bay Road, South Burlington, VT 05403, 864-7635 / 864-6066 l CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 30, 2006 Robert Irish 80 Bartlett Bay Road South Burlington, VT 05403 Re: 80 Bartlett Bay Road — Merged Lots Dear Mr. Irish: This letter is in response to your letter, dated December 12, 2005, regarding the status of your property located at 80 Bartlett Bay Road. Based on my discussions with City Attorney Jill Spinelli, it is my opinion that as of 1974, the three (3) formerly existing parcels (the so-called "lakefront", "back", and "easterly" lots) merged into a single parcel for zoning and planning purposes. Finding no evidence to establish that the Bartlett Bay right-of-way is owned by an intervening third -party, once the "back" and "lakefront" lots became non- conforming, they respectively merged with the "easterly" parcel. My finding is based on a review of the deeds and recorded survey you provided as well as the South Burlington zoning regulations, as amended since 1961. Additionally, I relied on the unappealed zoning permit, issued on June 20, 1994, authorizing the interior renovations of the existing single family dwelling located on the property. The zoning permit identifies the entire property as a single lot (see attached permit). Please contact me with any questions, or to discuss options and procedures for subdividing this parcel. e i, J. Belair ative Officer cc: Jill Spinelli, City Attorney 1 Please note: Pursuant to 24 VSA § 4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $110 filing fee and be filed within 15 days of the date of this decision. CITY OF SOUTH BURLINGTON ( I PERMIT NO .��70 _. APPLICATION FOR ZONING PERMIT 1st. Copy CODE OFFICER Zone... 2nd. Copy CITY ENGINEER 3rd. Copy 4th Copy CITY ASSESSOR APPLICANT \ w r Date ......IJul!/�....��....................... 19 g. ... The undersigned hereby applies for permislon 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 134-RrCC17- 13Ay Rib NUMBER 90 OCCUPANCY FLOORS LOT SIZE: Frontage ) 3Q l Depth 4151 Lot No. Single Family B 01 2 3 Two Family Cement OWNERRobzjZ-TR {jyfQ,tiDt jf&t �! BUILDER t)eciLri7tC1Ni CSCC3. Apartment No. Fam. Earth .vs� Store Pine WATER SUPPLY: Public [t�- Private ❑ Offices Hardwood Warehouse Tile Carpet Res. Garage Attic Fl. & Strs. No. Cars Dart. r�ZAtt. Height Gas Station INTERIOR FINISH Additions -Alterations B 1 2 3 FOUNDATION Pine Concrete Hardwood Concrete Block Shestrock Brick or Stone Unfinished 17 Piers aneling Cellar Area Full +% % Retreat. Room No Cellar Finished Attic EXTERIOR WALLS V I Clapboards ✓ HEATING Wide Siding Pipeless Furnace Drop Siding Hot Air Furnace No Sheathing Forced Air Furn. Wood Shingles Steam Asbes. Shingles Hot Wet. or V."mr ucco 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 Cotte Water Closet Vitrolite Kitchan' Sink Plate Glass Std. Wet. Hest Insulation Auto. Wet. Heat Weatherstrip Elect. Wet. Syst. Laundry Tubs ROOFING Asph. Shingles Ao Plumbing Wood Shingles TILING Asbes. Shingles Bath Fl. & Wcot. Slate Toilet Fl. & Wcot. Tile LIGHTING Metal Electric Composition No Lighting Roll Roofing NO. OF ROOMS Bsmt. 2nd. 1st. 3rd. —' SEWAGE DISPOSAL: Public pe"'— Septic Tank ❑ Permit ROAD OPENING: (Show layout) Permit * ELEC. WIRING: Underground ❑ Overhead p.- 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 ❑ Estimated Cost f ( gj f- (.;I, FEE COMPUTATION i/ $ Plans received Yes ❑ No ❑ �ET �J + ��% Sr �[V/Ei/Afh7tDN SIGNATURE of OWNER or BUILDER ADDR S of OWNER � APPLICATION: REJECTED ❑ APPROVED air AW � � SI ATURE OF CODE OFFICER ISSUED TO ';r / Date r 19 PERMIT VALID FOR SIX MONTHS PERMIT SUBJECT TO APPEAL WITHIN 15 DAYS FROM DATE ISSUED December 12, 2005 Ray Belair, South Burlington Planning / Zoning Administrator 575 Dorsert Street South Burlington, Vermont 05403 Dear Ray: Some time ago we discussed obtaining a legal opinion as to the status of parcels and the private road which make up 80 Bartlett Bay Road. Based on the attached letter from Frank Murray I trust that our City Attorney will agree with his opinion that this property at 80 Bartlett Bay consists of three parcels with Bartlett Bay Road Extension the private means of access. In relation to the status of these parcels I have two related questions. As it stands now I have an offer of purchase for the Lake Front Parcel and the Back Parcel. If this should happen today the prospective buyer would like to know if he applied for a permit to construct a 30' by 40' two story living structure as per the attached sketch would it be permitted. It would appear to me that it meets both the setback and lot coverage requirements and is certainly compatible and in character with the neighborhood. I realize formal application would have to be presented for "official" approval . This query is simply to get an indication that a similar living structure could be considered. Secondly, and more long term, I would like to request the Lakeshore Neighborhood boundaries be changed to include the above two described parcels and need to know if there is a certain application required. On April 3, 1999 South Burlington amended its Zoning Regulations for the Bartlett Bay area by creating a Lakeshore Neighborhood District. The Lakeshore Neighborhood District is recorded in the City's Land Records in Volume 414 at Page 235 — 238. According to this ordinance the purpose of this new district is "to encourage residential use at densities and setbacks that are compatible with existing character of the lakeshore neighborhood located in the vicinity of Bartlett Bay Road, and to promote the area's historic development pattern of smaller lots and reduced setbacks." Based on recent research and deed clarification, copy attached, I own three separate parcels in that area. In 1999 when South Burlington amended its Zoning Regulations two of my three parcels were merged and not included in the new Lakeshore Neighborhood District. Since these were separate and distinct parcels of similar size to other property along Bartlett Bay Road it seems reasonable that not only the Lakeshore parcel but the Back Parcel (vol. 360 pg. 48)and the Easterly Parcel (vol. 360 pg. 50)should have been included in the Lakeshore Neighborhood District. This would "enable residential use at densities and setbacks that are compatible with existing character of this neighborhood and promote the area's historic development pattern of smaller lots and reduced setbacks". Once again, I appreciate your help in clarifying these zoning matters and await your response. Sincerely, q-3/ (sm � 0 Z- 3 FRANCIS X. MURRAY Attorney and Counselor At Law Two Bedford Green, South Burlington, VT 05403 Office: 802-862-3174 Fax: 802-862-2937 Email. vtlaw@aol.com December 16, 2005 Mr. Robert Irish 80 Bartlett Bay Road South Burlington, VT 05403 RE: Bartlett Bay Road Dear Bob: I understand that you asked me to review the South Burlington Land Records and provide you an outline of the history of title of your property which is located in South Burlington to the west of Shelburne Road, on and near Bartlett Bay Road. According to the land records, you own three separate parcels of land in this area. South Burlington land records indicate that these three parcels are contiguous and originally were part of a 50 acre farm that was transferred to your family in 1913. The three parcels that you own were separately transferred to your parents, Theodore and Mary C. Irish, in 1945 and 1951. The first parcel is the site of your primary lakefront home on Bartlett Bay Road, and hereafter referred to as your "Lakefront parcel." It consists of 16,000 ± square feet. This parcel was conveyed to your parents by your grandfather, John Collins, on September 10, 1945. The transfer of this parcel is evinced by Warranty Deed, recorded in Volume 20 at Page 107, see Exhibit A, and was eventually depicted on the Plan of the Collins Property in Volume 28 at Page 24 of the South Burlington Land Records, see Exhibit B. The second and third parcels were transferred by your aunt and uncle, Robert F. Collins and Beatrice M. Collins, to your parents, Theodore Irish and Mary Collins Irish on April 4, 1951. The Warranty Deed transferring these two parcels referred to them as "Parcel No. 1" and "Parcel No. 2" and is recorded in Volume 30, at Page 96, see Exhibit C. Exhibit C described Parcel 1 as the northerly part of land and premises laid down on a plan, dated March 1951 and recorded in Volume 28, Page 30, see Exhibit D. This parcel consists of 2.5 ± acres located to the east of the six northern most residential parcels on the east side of Bartlett Bay Road, hereafter referred to as "Easterly Parcel." Exhibit C described Parcel 2 as Lot #1 on a Plan of Subdivision of the Collins property, dated January 1951, recorded in Volume 28, Page 24, see Exhibit B. This parcel consists of approximately 8500 square feet, and is situated at the end of Bartlett Bay Road, between your Lakefront and Easterly Parcels. It is hereafter referred to as your "Back Parcel." Mr. Robert Irish Page 2 of 2 December 16, 2005 Your father conveyed the above described three parcels to you and your sister, Mary I. Cronin, as Trustees of your father's estate on August 14, 1993, by Warranty Deeds recorded in Volume 360 at Pages 48, 49, and 50 of the South Burlington Land Records, see Exhibit E, and these parcels were subsequently conveyed by Warranty Deed of the same trustees to the you and Mary Alice on August 17, 1994. I pray that the above information is responsive to your request. If you have any further questions, please contact me. Sincerely, Francis X. Murray, Esq. enclosures Arrantp Oeebo � voizo i .: Gilly CGLI li'l;l Age 1u7... ........ �: '1'U TF(;:O00QF' .'.lib V,-PY COLLDh; 1TUSIT FIVI ALI, :II:iv` HY TI1Frir', fRT6Sr1AiTS `I'?IhT 1, John Collins, 'JiCtur�r, of f3outh isurlin ton in the County of Chitterrden in the :;tale of Vermorrt, urantor. , in consideration of 'lien and more Dollars paid to my ;;r.,tisfaction by Theodore Irish and 1,ary Uollins Irish, husband and wife, of .Jouth ',urli.nt',ton in Ole Count;/ of Chittenden in the Estate of Vermont, Grantees, by these preeerits, clo freely r;7.V3,(ili,SiiT;R„N.(a,1II'd,Si�LL,l1LIL'Id AT1D CONVEY unto the said Theodore Irish rind ,,ary Collins irish and their heirs and assigns forever, the follovdin€ described piece or j-Lxcel of land situated in ,youth 1lurlington in said Uhittenden county, viz: Uertain land and premises, being a part of my home farm, so-called, more j:.,rLiculi,.rly described as follovs: -eL,irininr, at c, l,uinl, in Lhp northerly line of my -aid farm, allich point is the r;outuv,eat corner of l,,,nd and l,reruises of one Powell and the southeast corner of land n'i I,r,ei:inr:s of oneBergh;,; thence extending southerly in the easterly line of said Bergh j,roperLy ertr�nuud southerly a distance of one hundred (100) feet to a l,oint; _n a -,c; terLy in .z lint, J-L,Pallei Edith the scut,herly line of said Bergh property to Liu: shur'e o1 Lv.k(- Ci,Uupl.;lin at lots 11vater :Hack; thence northerly along, l,e shore of Lake ,-; L luva -,deter wark to khe soul,l,erl.y line of sal,l Bergh property; thence east- :1.I� : lUli;_ Lilt; 3withei-Jy line o1' sai(1 Bergh property to Lhe l.oint of bep,inriine. IL is hereby iiiuLuzal 1 y .Jwreed uflcl is a j,tr't of the r;ons,ideraLion for this !ef,cd ;,lld condition here of that the above described premises shall he used fur caiiip users .,na; anu tllut no shop, uloon, grocery ;More, business r%ay'ay-;P, filling staLion, ut -,rr;; owner business enter'I,rise shall be built or conducted thereon ;;cnd no livestock O other tl,.,n ra do` or, a c„t shall be kept on said premises. 11' said Jrantces, Ltli-'ir heirs or assigns, or any future owner of the L:bove c�:;cvibr'(i 1,roperLy shall fail to observe these conditions and re9Lrictionr, then said rc1 crLy :;hall vevert 'to ;_Irld the Lille thereto be revested in said grantor, his heirs, LArrlinistr:lLors arld assigns. rt� There is included in this conveyance a ri�,ht of way from the westerly end of ortle tt 'uad, :;o-c,alaed, to the premises herein conveyed over the rewoinin�,r land of said r„nLur, ,,hick r'iyht of ;day is easterly of and adjacent to the easterly line of lots on !,lie r;LorP OF Lak, ':hami;lairl ollich said Grantor has conveyed to vc.rious pel'sons for catltp y.a ,•. "J 'I'v '7011) the .jbov ' f,mlrrted and bargained premises, with all the privileges and urten,!nce:s therec,f and t.li(weurlto belontr,ing unto the said Theodore Irish ant] I'.lary 1UJAins lrir:h, hur',und ;.rvl .;il'(�, Llteir hairs and assigns, to their own proper use, herle- _il, „rnl bPhoof' f'crr,.ver; lcrld I tl,c ec.id John Collins; do for ruyself and my heirs, execuLors r,ovenarit t,u arld Viith the said T.Jrieodure lr-'ish and i,ury (-olLins Irish, 'llr.ir 11E'ii's, r:xccllLurs, .,,1minirLral.0r8 and '_9,13i, r1S, L11,L at, and until the enseulinp of i,,r,r 1,re;:r:nLs 1. am wei l 'ir(-;d of -I,110 l.reluit es, in fe r: ;;irnple; Lllctt 1. have l cud ri -lrl, ,.lu l-.rd11r,L �uLiloritr Lu IcJr;_c,111 urki :;eii the ,fume, in i,l,alnev ;.rid ;'orm as it i;; -'buve i1,1,:r1; I'lio L Llley arN '' :'' .,;d,t ',r 1[,r OI' ,I_l LlCiil:'_C',',IIU''I: eirnel.t conditions and i- -tr'ic- Llurrr forts,. ,-ovi I,ut,L I V,ilJ •;,arrant and JeLerld the suije af-,uirrst ali iLr),riii uL Clny j,er'f;orl or. person"; w1,ul suever, e:/.celJt as to Said condi-tiorls +--+ l;Ler,at.iriLu sr�t; w', liarlu and eal this lutll :ay of ,,e1 Lelllber, all 1 r'ehCnr:C Of O mar ace 0'. Jan�ou _-_ John Collins --,seal _ kern ru J , l,edc]yy__ --- �_-�-- ,1_,.1,r! 1;I dl'r,IJilin l,I v--+ O ':1,1Li,t:11!Ir:11 r.'uurll,�• ,:,, 1r,r:;unal.l.,;✓ ulyeare(J at _Url.in� ton iil said I:ourlty John Collirls flwr:i rler' •;wi i!,:1er o1 I,La: ;atluvrr �-awitterl in;;trument and acknowledged the same to be 3� laic, "r o uct ,.rirl der,,l, LhJs', 1rJLh fiuy or ,(;ptombr!r, ,1.U. 11)� j. O ,efOre lilt: rl ot.,ry Public. r'llis carve✓;ancc: i:: L'., Boni- fide ift from pe',rent I,o cicild arr:J no kevenue ,Larlll. cr•itre,i _ .t' ecurd ,, i;t'.r1tl,Cr` ljth J'�/Ij ;t 'J o'clock x'.b. Town Clerk �- OrOWN CLF-ax's orprco Pie 57 CIA ga:@ 1*- 00 CC Te / 7 Farrell ' i + 3 09�34'19' W I W / o o - W 60 00' Legend a" ;,- 1 494.85- o I m I I proposed Ex/sting to N 07145' E ¢ ,wjl m I P gmiy Lh• - - - — - - - • ' ;ti`" \� ••E..-,=•T.-�.,z_, v i 1 IM1 .Ly T 1 73.03 i I Contour - `^,'•�-... `^ Senitary Sera M.H. • d -�` j 'aa . _ _ ti;• __ Hydrant 7 / / - / Lo ^~r' I n I I Sanitary Sow. — s - - • - - - - y�, ` 1,1r ' n�; h s ` , '' .� `' ; `_' water SuPP1Y w - - w _ - - - N/F /' �Wooded-area / - / I�'F z King 1 I QT5 Naturd Gao — e -- • - - - - Farre0 \ 9: / / O � I N/F I a Unity Palo Bt >'R ' f^x i- + / > Linde o Tree Lin. rwrYvvwvM1 rvwvwwvM1 S �� '1 " w1 ;; T•,. '�'� �` c�'.�v Lot B 2End Existing Craven RoadwayI / ti•,4"'',. 1.,w'�,n.-'»., .;. ; Tree Ml , I (approxknate location) / .15 ACRES , i a� J Extend exhting 1 i M.• Y 4 ~ •*• k.^, I \ r / Sirotkln/Fox / Cr IJL5 f / 1 8• sanitary > I F \ i / / _ g, "war N/F I ? jw \ z 00 ao c End of roadway // ^� - >< \� _ _ S os•4 '14• Morswood Davey 1 �VVI z[n Dz z to be determined L �\ 4z W N/F w 3 I / N n MadlR.d/ . J _..a .�g�gl.*IIOIIPB�-W4ifCL0y/0i9Qp 1 t, y of r7 ( 'pre NeI9hDorh / 4 s 0s•o7.44• w Locus ¢r s�1 , \ Lake K N '55 3527' S OS'36'45" W 7494a' -W�-- Z Hydrant ^N^�� �~ `9989 39.93 I , '- ..-� •E \ I I I \ \\ I r-�-al- I �% .0 � so-12=00° �— _ _ _ Q¢7/ p N OS'44'4E 4927a'Helgho• 0N O6'S0� Lakeshore wl I m / 1 N/F - - 1 \�I I : alesNO t@S Reed _ Z NF wN/F (J /_eldIISNlMchul5rotkn 6 Sal Fax k Golbroth Na 1 Owner of Record i w Campbell BOBartle BayRoedn Brland• South hrlly, VT. 003 -b` g o \ /N r Water Service, � Hendricks I.Applicnt: Robert A d Mry Alie Irish(apoxiate loatN 0South Bwllgtal, Vi 0s4G16�R 100 Park Road OS43'la Owovo9'- - - - - - - rNE 55288' Sanitary Sewer (approximate location) N/---------YRoad- --s-- Natural Gas (approknab location) 32ang DSIMLokehaNeighborhood ad t N 07'30'Lkh. Nehbafoed ModifiedR• / --._I - -- S05'4555 �� �/---------- _5---- - - - - - - - ------ e _ - i S -- - 1 4 411 9) fn�ter'two (2) rawdorMd krtt •Lot A (/.65 /) -don, The house and out1360 ddldingt and Is to be retained by SlrotkM/Fox Lot / (217 •/) will be d+eded to Dish. Lot _ __________ I N�J70.1 T F / will G acceded by the P—t. RdE..,., (Warranty Deed vo1.794 pg. 307 309 of SauM 75 01' eulrbrgtan Land Record¢ Lot B to be served by exrhng water nwin and by exteding the I �c - r -1146- -Nib _ - _ N/J= I I �e rxlrting 1" saWtay newt h the PMwto Pwd Earement to Lot / Lakeview Lane will be V N/F - - - -- - -NL% Goodrich I B I N� N/ I N I W rodd to mrst the S-M &.0Won Street Design Standards (Table 10-1 of the South ,,/ � Stone � son GNbroth I Kelly I Campbell I N� I I 91 1z van Lard Dewlopnerw Regdatlaro} i / ` / ' -+- rj / / \'w I Flanders I N�' I N�F 5. Survey, oxhrthg frahsv and topogrophk hrfornatlon from electronic file Inshdwg doted _ J Bruhn N 10-17-07ad -- d 12-10-07 by David Tdhop. of 74 Cayuga CT., 9 hgton, Vermont - 3`/ e I I I Hendricks Bowers, i 05401 RL5 #538, Site Ted I M230 . z I Il 6 Uncierhddntf wt krrt ng •rhdule by iretn Mounts n Earthcon of 505 Poker Hdl Rd. m a 7. Percent lot mreragd, Lot A: Total Lot = 77,753t r f =165 acres Exkting Coverage Proposed Coverage Total Iercew Uj '- euildMg., 4JS&.f. 6% 4,18&&f. 6% 4,lM&f 6% _ \Z 4�1� N/F� Pavrnwrt: IB,C41r s.f 26X 18,841t s.f 26X 18.841t t.f. 26% > ZSkotkln/1=ox TOTAL: 23,026sf. 32X 23,OIbt r.f. 32X 23,0262 r.f. 32% Z5 �� J ^/ 8. Portent lot coverages, Lot e: Total Lot = 93,8M sf = 2.15 acrrs a � ExuMng Coverog. Propwd coverage Total Pant u Lake Champlain oalenunlding, Oatf. 0.0% TOO nD TOD TIO oo 4'2S'23' E N 03'09'08• W .44 22" E E C El V E p pavement: 0i t f 0% TBD T.D TOD Too R TOTAL: Or x . 0 TBD TRb TOD TOD N 05'17-13• E 5 11 � a a2 2126' 3468' }411" 3 _ LEGEND / DEC 17 2007 _ DECI(/S TREE Street Tree Planting Schedule Mr RIGIT-OF-WAY o so. Burlington HARORa00 srAxEs Key Quan 5cientificAame Common Name Size - - DE. STRAND HIRE _ w/M/BBER HOSE /Q''� cove van. trout van. 0� j PC 19 Pyrus calleriana Callers Pear 25,3" B+B baou umh. pawnsnt ; 7TOPSOILtuba f woarhp c-1 BARK WL(71[4*Ir tip• f bow oourw A an Fine sandy loan or randy love dNd mo wmhby ddlaof -dydk and based on 2 CONSTRUCT EARTH tin U.SD.A. Ck.Wflaatkn Sysfen. >L+ @ SAUCER AROUND B. Unlram raanpooldon wlthart admbrtu a of oubooA ¢ S 4" /}T. (qp) S �4" M. (t») PLANT aIF of m�owthat ms hdi h dl�ansWt. on their onto, dsbrn and D. Contain J. Twool " ". •r. •r 'k 1 '••�': V •.^� 'h=- , +>, :., .. �A. S 14" i E Obtained nhan naturally w.0--dand — which a hkdary of satkfxtay .� .✓? It .M1S .; . •n'L`� +•• >` t' lea:: r"•�'• 'y `m'•Tt Az. * _ % r �t apPt � t�1h .:1"�.,....: .xl:£; ..-.v 1q.> � � � — rxANDHc son. AND w9•rotlw power. 'r i BJi�,� 's ."f/ c fl .t� ?.•• ow° ''. 'f i. °I•'va% ¢i .' °iob - . '. •`o '+ °'ni . �''r� � °n'>;R \ ,\ .��� ��� FFR111I.®t F. Acidity range of pH flee to pH 7.a •,\ K N , / '�' G Contain not howMtn 4.f nor man then2OR orgwk m.Hr Mfand ae mby the s I' f/Fr (eyv)' ^/. a/ter, "� r I I lw of Ignitionor own -diced .anp- NOTES rr/ _ GROUND EWE SUE NOTES f. Find design to be approved by NbvR 500x 3• tuna ausfnd 9nw City Enghw. kb,k As NU4g7lV f. AB .boot Uwe. to be planed at 00'ac Was; Wherwko shown on Me plan. Do at Wont any b— dawn than 20' to any weter ry4tam appuA.imca 13" pvvel bass2. Coordinate IoeaUm ow of an bwin burled unities polar N planting. Do not pool Street Section (Typical) Deciduous Tree Planting bww dbway over any tat- mein w sent. N.T.S. N.T.S. 1 Find .eioctfan of above trooe wr V to rnfnr and goprow by tk South Root collr to be at r Mahtly above flnkh and. Burlington Cffyy Arbcrbt. Th. hatdla aontraotr shoWd r.How plan with Ar6rkt prior to planthg. stage Apo"' LLEWELLYN - HOWLEY'°" ConcoaMbweh Plw GaA�HIC SCALE W-SirotkinlFox Subdivision- 11 Fneminany nit - - s.ulh eYNYreMn Yarm.R O.la e 40 so rip I NCORpO RATED N'"-"w 2007 r 4ero woe b.. neon .w wr a!/7opr % N - drawn btr. Mp Flesl helot Conwklas tt.rvle.s EnpinrrHwl2 permlttlep r rn.,wr +e.ehs • r vo..e crow n/toAsr ACT 250 M. 1 o.t. 20 IOmb.11 AY. St. 202M // r (B02)658-28B2 Ov( 11 Plan �ed 2m5M� 58-2100 ean.enea.n wove.... w.weaa_..-..-.rrw.w..�w.. 71neh= 40 ft '�'7,n3r1` South nx�l o 1 .,ttprtl—.02 .IihI-n t an.w t at 10/11/2005 14:46 8028936222 PAGE 03 C gap""l-- btate of Vermont, Chittendea County 6S. 9t Burlington this 4th day of A nil A.G, 19�1 Theodore Irish and Mary Collins Irish personally appeared and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed, 5afore rya 1 Ace *kv kw),Q $"I V. B• 81" Lyn.Mpe Of cry Dll �TyM ilia n.anan! h 1 to e a� I dollar+ fosse fnrepnrR iase,•au.anl, and ware 2,i/y �,.�.nni� a. A! � .% Reoeivea for record .April Mt 1951 at 12-15 P,M, Z own ens ._.. WARRANTY REED ROBERT Y. AND 5ZATRICE M. COLLINS TO TEEODORE I Z014 AND MARY C. !RISE KNOW ALL MEN BY IBBSE PRESENTS THAT we, Robert F. Collins and Beatrice M. Collins, Husband and wits of Burlington is the County of Chittenden and State of Vermont Grantors in the consideration of Zen and more Dollars paid to our full satisfaction by Theodore Irish and Mary Collins Irish, Husband and wife, Of South Burlington in the County of Chittenden and State Of Vermont Orantees, by theme presents do freely GIVE GM'4T SF.LL CONVZY AND CONFIRM unto the said Grantees Theodore Irish and Mary Collins Irish, Husband and wife as tenants by the entirety, and their heirs and assigns forever, a certain piece of land in houth Burlington in the County of Chittenden end State of Vermont, described as follows, V1Ci I- A Cartain lot of land Zyins and balm¢ on the westerly side of Shelburne Road. 3a • &out Burlington, more particularly described as follows) Beginning at a steel pin in the westerly lino of shelburne Road at the northeast corner of land and preasee this day conveyed to the herein Grantors by the here in'Grantees, thence prooeeding northerly a distance of five hundred sixty and 75/100 feet (560.75') more or loss, tc• a point in the southeast corner of land and premises of Kizabeth b1. Collt$s, thence deflecting to the left at an angle of eighty three degrees twenty seven minutes (83 271) and proceeding westerly a distance of three hundred four feet (3010) to a line fence, thence proceeding southerly in said line fence to a point where said fence runs in a westerly direoticn, thenoo prooaoddng westerly a distance of five hundred six fact (5061) to a point In the easterly line of the Rutland Railroad right of way, thence proceeding westerly across maid right of way a distance of one thousand one hundred thirty four and 5/10 feet nors or less, from a point in the westerly line of said right or way to the northeast corner of the land and promisee herein convoyed, thence proceeding southerly a distance of three hundred twenty seven feet (3271) more or less, to an iron Din, thence deflecting slightly to the right aad proceedin sout�arlyr a distance of one hundred seventy three feat (1731), Mora or lass, to a steel pin, thence deflecting to the left and proceeding easterly along the northerly line of land anti promises this day conveyed to Said Oratttovs by said Grantees, to the point of beginning. The premises herein conveyed are the northerly part of land and promisee laid down on a plan of yart of John Collins property dated March 1951, and recorded in Vol.28, Page 30 of the Land Records of the Town of South Burlington, cxoept suoh part thereof as id owned by Elisabeth M. Collins. There is included in this conveyance all right,title and interest of said Grantors in and to the Rutland Railroad right of way. ?ARM ,,- Lot Ill as laid down on a Subdivision of Collins property at the end of .artle�tt Road, revised January. L951, recorded in Vol.26 Page 24 of the Laced Records Of trio Town of South Burlington. There is included in this Conveyance a right of way to the premises herein conveyed to Dartlett Road over the right of way as the same is laid out on said Subdivision. The two parcels of land herein conveyed are a part of the lsrd and premloos conveyed to said Robert P. Collins and said Mary Collins Irish by Elisabeth M. Collins by lien Quit -Claim Deed dated Jani;ary 8, 1951, and recorded in Vo1.22, Page 332 of the Land Records of the Town of South Buvl1r4tot*, and are a part of the land and' promise& decreed to said .Robert Y. r; llins, said Mary Collins Irish and said Sli2abeth M, Cdllina by Dscraa of Distribution in tna Estate of John Collins dated December 21, 1950, recorded in Vol,22, Page 32,8 cf said i,and ka06rds. Reference is here made to said plan and subdivision, dead aced decree, and the records thereof ana the Coeds therein mentioned and the records thereof in ale of this descriytlon. TO HAVE AND 70 HOLD said granted premises, with all the privileges and appurtananoes thereof, to the said Grantees 'Thao4ore Irish and Mary Collins Irian Husband oxd wife, as tet.ants by -he entirety, their heirs and assiggns, to their own use ant behoof forever; And we the said Or"n ors Acbert F. Collins and Baatrice M. Collins for Ourselves ar4 our heirs, exeoutore Rnd administrators, Oo covenant with the said Gr.-oases Theodora Irish and llalr C0111ne Irish, rtlr heir* and assigns, that until the cnsaaling of theme prevents we are the sole owners No Text 1 KNOW ALL PERSONS BY THESE PRESENTS: Received-.L19�a��[�.:�.� Recorded;,-.,`pagc- Of So. gu:lin,gton land Recor Cut: rcla. `A, vco�,rj,.. Margaret A Picard, City CM That THEODORE R. IRISH, of -South Burlington in the County of Chittenden and State of Vermont (the "Grantor"), in consideration of.TEN AND MORE DOLLARS paid to the Grantor's full satisfaction by ROBERV A. IRISH AND MARY I. CRONIN, TRUSTEES FOR THEODORE R. IRISH UNDER TRUST AGREEMENT DATED AUGUST 2, 1993 of South Burlington (th•a "Grantees"), -by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the Grantees, and the respective successors in trust and assigns of the Grantees forever, two certain pieces of land in South Burlington in the County of Chittenden and State of Vermont, described as follows: Two parcels of land on Bartletts Bay Road Extension, so- called, more particularly described as follows: Parcel No. 1: Beginning at a point in the northerly line tf a farm formerly belonging to John Collins, which point is tre southwest corner of land and premises now or formerly of or.a Powell and the southeast corner of the land and premises now or formerly of one Bergh; thence extending southerly in the easterly line of said Bergh property extended southerly a distance of one hundred (100) feet to a point; thence westerly in a line parallel with the southerly line of said Bergh property to the shore of Lake Champlain at the low water mark; thence northerly hlong the shore of Lake Champlain at the low water mark to the southerly line of said Bergh property; thence easterly along ,the southerly line of said Bergh property to the point'of beginning. Being all and the same lands and premises conveyed to Theodore Irish and Mary Collit-s, Irish (deceased) by Warranty Deed of John Collins, dat.:9 September 10, 1945 and recorded in Volume 20, Page 107 of t,3 Land Records of the City of South Burlington. Parcel No. 2: Lot No.- 1• -as .laid down in a subdivision of Collins' property at the end of Bartletts Bay Road, revised January, 1951, recorded in Volume 28, Page 24 of the Land Records of the City of South Burlington. Being a portion of the land and premises conveyed to Theodore Irish and Mary Collins Irish (deceased) by Warranty Deed of Robert F. Collins and Beatrice M. Collins, dated April 4, 1951 and recorded in Volume 30, Page 96 of the Land Records of the City of South Burlington. Also included in this conveyance is all of Grantor's right, title and interest in and'to the Bartletts Bay Road Extension, so-called, extending from westerly end of Bartletts Bay Roas:, so-called to the premises herein conveyed together with art subject to all easements and rights of way benefitting and encumbering said Bartletts Bay Road Extension and the land and age V premises herein conveyed. The land and premises herein conveyed are benefitted by and subject to all easements, rights of way and other encumbrances of record. Reference is made to said plan, deed and their records and to the deeds therein mentioned in aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, and the respective successors in trust and assigns of the Grantees, to their own use and behoof forever; And the Grantor, THEODORE R. IRISH, for himself and his heirs, executors and administrators do covenant with the Grantees, and the respective successors in trust and assigns of the Grantees, that until the ensealing of these presents he is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and that he hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS VJHEREOF, t1M Grantor has caused this deed to be executed thi$day of c , 1993. IN PRESENCE OF: Theodore R. Irish CHITTENDEN COUNTY, SS. At s1 L this /l6C day of 1993, personally appeated Theodore R. Irish, and he a nowledged this instrument, by him sealed and subscribed, to be his free act and deed. Vermat property TransterTO% 32 V. S. A. Chapp 31 . ,LimEascpeou. Return N a, ,Clerk Date .. Notary Public Prepared by Lisman & Lisman, P.C., P.O. Box 728, Burlington, Vermont 05402 (802) 864-5756 END OF DOCUMENT =emu ° gs t KNOW ALL PERSONS BY THESE PRESENTS: F o:de�i i:• !oD on page- ._ Gl'�� 61}iii4gi tndRecor AttEst: rraa.��`Qr.�u+r�.,. Margaret A. Picard, City Clerk That THEODORE R. IRISH, of South Burlington in the County of Chittenden and State of Vermont (the "Grantor"), in consideration of TEN AND MORE DOLLARS paid to the Grantor's full satisfaction by ROBERT A. IRISH AND MARY I. CRONIN, TRUSTEES FOR THEODORE R. IRISH UNDER TRUST AGREEMENT DATED AUGUST 2, 1993 of South Burlington (the "Grantees"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the Grantees, and the respective successors in trust and assigns of the Grantees forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows: Being the westerly most portion of Parcel No. 1, conveyed to Grantor and Mary Collins Irish (deceased) by warranty deed of John Collins, dated September 10, 1945 and recorded in Volume 20, Page 107 of the Land Records of the City of So. Burlington which portion was retained by the said Theodore Irish and Mary Collins Irish in a Warranty Deed to Ernest Smith, Trustee, dated June 8, 1955 and recorded in Volume 35, Page 462 of the Land Records of the City of South Burlington. Said lot has a westerly sideline in two segments of 327 feet, more or less and 173 feet, more or less, respectively and is depicted on a plan of part of John Collins' property, dated March, 1951 and recorded in Volume 28, Page 30 of the Land Records of the City of South Burlington. Reference is made to said plan, deed and their records and to the deeds therein mentioned in aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, and the respective successors in trust and assigns of the Grantees, to their own use and behoof forever; And the Grantor, THEODORE R. IRISH, for himself and his heir, executors and administrators do covenant with the Grantees, and the respective successors in trust and assigns of the Grantees, that until the ensealing of these presents he is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and that he hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this ±LA day of August, 1993. IN� PRESENCE OF: (.' Theodore R-. Iris-K STATE OF VERMONT CHITT:3NDEN COUNTY, SS. At Burlington this'',JHJ' day of August, 1993, personally appeared Theodore R. Irish, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Vem m t pmpedy'rransW Tax / / 32 V. S. A. Chap. 231 W A IALAAA � - - ACKNOMEDGEMENT • Notary Public arcumr UKaoEx�o ="r�M=M Re4v i:� .. __ & Lisman, P.C.. P.O. Box 710 ' ' WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: That Robert A. Irish and Mary I. Cronin, Trustees for Theodore R. Irish under a Trust Agreement dated August 2, 1993, of South Burlington in the County of Chittenden and State of Vermont (together, the "Grantor"), in consideration of TEN AND ,MORE DOLLARS paid to the Grantor's full satisfaction by Robert A. Irish and Mary Alice Irish, husband and wife, of South Burlington (together, the "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the Grantee, and the heirs, successors and assigns of the Grantee forever, husband and wife as tenants by the entireties, h three certain pieces of land, with all improvements thereon, in the City of South Burlington, County of Chittenden and State of Vermont, described as follows: %�'90 gARi� 44- 1) All and the same lands and premises conveyed to the N Grantor herein by Warranty Deed of Theodore R. Irish, now deceased, dated August 14, 1993 and recorded in Volume 360, Page 50 of the Land Records of the City of South Burlington. 2 ) Parcel No. 1 as described and conveyed in a Warranty Deed to the Grantor herein of Theodore R. Irish, now deceased, dated Au ust 2 1993 and recorded in Volume 360 Pages 48-49 g , of the Land Records of the City of South Burlington. 3) Parcel No. 2 as described and conveyed in a Warranty Deed to the Grantor herein of Theodore R. Irish, now deceased, dated August 2, 1993 and recorded in Volume 360, Pages 48-49 of the Land Records of the City of South Burlington. Also included in this conveyance is all of the Grantor's right, title and interest in and to the Bartletts Bay Road Extension, so-called, extending from the westerly end of Bartletts Bay Road, so-called, to the premises described as items 2 and 3 hereinabove, together with and subject to all easements and rights of way benefitting and encumbering said Bartletts Bay Road Extension and the lands and premises herein conveyed. The lands and premises are conveyed with the burden and benefit of all easements, covenants and rights of way of record. Reference is hereby made to the above -mentioned instruments, the record thereof, the references therein made, and their respective records and references, in further aid of this description. 112iTy CLERK'S OFFICE CU Received I%np at M Recorded in Vo . �, ge- 1 Ot So. Burlington land Recor Attest: Margaret A. Picard, City Clerk � VVRILJ 1 1 0870 0 001125 1 o I 0870 001127 / 1 150 0113". 00080 0130 OOR78 7 0130 11 00080 `ate 0130 00078 R / 00076 0130 $. $ R OOR76 30 0R74 Oi 0130 vr% 00071 R 0130 00069 `� R 191, 1 9 C O L 0 li U d 9 0 0 z m LL a ° y 0 O x a° a- LL ( _ 'Y DEED L T HEOLORE R. AND ;rARY, IRISH TO iRN �P B. 2LIT3, TR,'ST,�E KNOW ALL PEN BY T,IESE PRaTSEi,TS THAT we, Theodore R. Irish and Mary Irish, husband and wife of South Burlington in the _ County of Chittenden and State of Vermont Grantors, in the consideration of Ten and more Dollars paid to our full satisfaction by Ernest B.Smith,Trustee under Declaration of Trust dated June 2, 1955 of Eurlington in the County of Chittenden and State of Vermont Grantee, by _ these presents, do freely GIVE, GRANT, SELL, CONVEY AND COPIFIM unto the said Grantee Ernest B.3-mith, as aforesaid and his successors and assigns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A parcel of land of the westerly side of Shelburne Road, so-called, commencing at a point in the westerly line of said highway being the northeast corner of the land of National Life Insurance Company as described in Parcel 4 of the deed to said Company from Dominion Realty ff Corporation dated December 29, 1952, and recorded in Vo1.30, Pages 497-500 of the Land Records of South Burlington; thence proceeding westerly along the northerly line of said _I National Life Insurance Company (and the southerly line of the Grantors) to the northwest corner of said Insurance Company land which is at a point in the easterly line of the Rutland Railroad right of way; thence turning to the left and proceeding southerly along the easterly line of said right of way to the northerly line of the land of Robert and Beatrice Collins as described in Parcel 1 of the deed from the Grantors herein to said Collinses dated April 4, 1951, recorded in Vo1.30, Page 95 of said records; thence turning to the right and proceeding westerly across said railroad right of way, and continuing '02 feet, more or less, from the westerly line of said right of way to a point 200 feet east of the southwest corner of Grantors' land in their southerly line, said point to be marked by an iron pin; thence turning an angle of 90 degrees to the right and running northerly to the northerly line of the Grantors' land as shown (but not designated as such) on a plan of Portion of the John Collins property; dated March, 1951, recorded in Vol.28, Page 30 of said Land Records; thence turning to the right and running easterly along the said northerly line of Grantors to tild across said railroad right of way and on to a point 506 fr•et, more or less, easterly of the east line of said right of way; thence turning to the left and running along Grantors westerly line to the southwest corner of land now or formerly of Elizabeth Collins, to be marked by an iron pin; thence turning to the right and running easterly 304 feet more or less less to the wase line of the highway known as Shelburne Road; being the northeast corner of Grantors property and the southeast corner of premises now or formerly of Elizabeth Collins; Thence turning to the right an included angle of 83 deg. 27 min. and running southerly along the westerly line of the highway a distance of rJ60.75 feet more or less to the point or place of beginning. _ i Being all and the same land and premises conveyed to Theordore Irish and Mary Collins Irish i by Robert F.Collins and Beatrice M. Collins by Warranty Deed dated April 4, 1951, recorded — in Vo1.30, Page 96 of said Land Records, with the exception of so much thereof as was conveyed to Dominion Realty Corporation by said Irishes, Jointly with said Collinses, by t•ieir Warranty Deed dated April 1.8, 1952, recorded in Vo1.30, Page 314 of said Land Records, and with the with t_.e exception of a lot of land adjacent to and immediately westerly of the premises herein conveyed. There is included in this conveyance the right of the Grantors to make water or sewer service connections from the water and sewer mains on Bartlett Road to the premises herein conveyed, the Grantors reserving,however, the right to make water and sewer service connections from said Bartlett Road to the remaining premises of the Grantors, to_,ether with such other rights,_ all of which are fully described in a certain conveyance from John Collins to Fire District #4, recorded in Vol.22 Page 233. It is agreed that the reservations by the Grantors as to water and sewer service, connections from said Bartlett Road to its remaining premises of the Grantors shall not be construed as a reservation to cross, use or otherwise affect the premises herein conveyed. :reference is made to the above mentioned deeds, plan and records thereof and to the deeds and records therein referred to in aid of this description. It is a condition of this deed that no right of way or easement shall be granted across tie Grantees Premises to the owner of any property northerly of and immediately adjacent to the above described lot of land for such period of time as the Grantors or any of their issue shall own or occupy (1) their present homestead premises located on the shore of Lake - Champlain westerly of the above granted premises or (2) tae land located westerly of and immediately adkjacent to t'ie above granted premises, unless said grantors, if living, and if not living, then the issue owning or occupyin;_ said premises shall consent thereto in writing. There shall be excluded from the warranty in this deed, the land above described as railroad right of way and the water and sewer right above referred to, the herein Grantors conveying by this deed only such interest that they have, if any, in and to said right of way and said water and sewer rights. TO HAVE A'ID TO HOLD said g ranted premises, with all the privileges and appurtenances thereof,)^I to the said Grantee Ernest B.Smith,Triistee as aforesaid his successors and as —sins, to their own use and behoof forever; And we the said drantors Theodore R.Irish and Mary Irish, husband,) —I and wife for curselvas and our heirs, executors and administrators, do covenant with tae said grantee Ernest B.Smith,Trustee his successors and assigns, that until the ensealing of these presents �.ae are the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE RO?^ L-',TL .'I !'JT 1 iii.1NCE; E:iCLPT, as to said rail- road right, of way and said water and sewer rights, and we hereby engage to WARRANT ;NL DLPLi'D tine same aainst all lawful clain_s •:ate•ar, except as afore stated we =ereunto set ourhands and seals this 8th day of June A L. 1955 In Presence --of Th ed_ore -rich Seal Lernard J. I•eddy 'Tary risn� dear__ c ra_ rly F'een ion '7<v tA, u'l Ilyl woplo—TTY U7 �v 4A JULUO SAIIIV MA04 oo/ PM 0i F 1 Post-ir Fax Note 7671 Date ( (j pages To From Co/Dept Co Phone # Phone # Fax # Fax # � human patients fors or dentists 15,106 CLUB - An establishment operated for social, recreational, or educational purposes but open only to members and not the general public. 15.107 COMMERCIAL USE - Any use of land or buildings for the purpose of selling at retail,or whole- sale a product, goods, or services other than a group service. 15.108 COI�PLIE'x - All buildings included in each separate multi -unit building development. 15.109 DIYFELLING, SINGLE' FAMILY - A detached residential dwelling unit other than mobile home, designed for and occupied by one family only. 15.110 DWELLING, TWO FAMILY - A detached residential building containing two dwelling units, designed for occupancy by not more than two families. 15.111 D� ELLING, 14ULTIPLE FAMILY - A residential build- ing designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. 15.112 D1,]ELLING UNIT - One room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities and bath facilities. 15.113 FAMILY - An individual, or two or more persons related by blood, marriage,,legal adoption, or those placed in the home for adoption, and foster children, or a group of not more than five persons (excluding no more than two servants) who need not be related by blood or pnarri,age, living together as a single house- keeping unit. 15.114 LOT - A lot is a parcel of land of at least sufficient size to meet the minimum zoning require- ments for use, coverage and area, and to provide -3 7- I such yards and other open spaces as are herein required. 15.115 LOT FRONTAGE - The boundary of a lot along a public street. 15.116 LOW COST HOUSING - Low Cost Housing is new housing which could sell for no more than $1,000 more than the lowest cost house on the market in the county during the 12 month period previous to the Planning Commission site review. 15.117 MAXIM DENSITY - The number of dwelling units permitted f'or the area designated, usually per acre. 15.118 MAXIMUM PERCENTAGE OF LOT COVERAGE - The percentage of the minimum lot size for that district which may be occupied by building and other structures. 15.119 MOBILE HOTE, - A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on a flat- bed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer not occupied for living purposes is not to be considered as a mobile home. 15.120 NON CONT"ORMING USES AND STRUCTURES - Non -conforming uses and structures shall be as defined in 24 VSA, Section 4408, and "non -conforming structure" as used in .these Regulations shall be synonymous with "non -complying structure" as defined in said section of the Vermont Statutes Annotated. 15.121 PUBLIC NOTICE - Public notice shall be as defined and regulated by 24 VSA, Section 4447, as the same now provides or may hereafter be amended. 15.122 SETBACK - The distance between the nearest portion or a building on a lot, a street line, a property line or a roadway right-of-way. 15.123 STREAMS Streams (major) are Muddy Brook, Potash Brook, and Winooski River. Streams (minor) are all other waterways, water- courses, intermittent streams and drainageways. -38- 11.001 On the following streets, the minimum depth of front yards shall be 75 feet, notwithstanding the provisions of Sec. 11.00: Williston and Shelburne Roads, Kennedy Drive, Airport Drive, Patchen Road, Dorset Street, Hinesburg Road, Swift Street, Spear Street, Allen Road, and Airport Parkway. 11.002 Notwithstanding the provisions of 11.00, side or rear yards abutting a street shall be a minimum depth of 30 feet unless a greater depth is required by Section 11.00 or unless the side or rear yards abut on Williston Road Shelburne Road, Kennedy Drive, Airport Drive, Patchen Road, Dorset Street, Hinesburg Road, Swift Street, Spear Street, Allen Road or Airport Parkway, in which case the minimum depth shall be 75 feet. 11.10 No space which for the purpose of a building or dwelling has been counted or calculated as part of a side yard, front yard, or other open space required by this ordinance may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard or space requirement of or for any other building. 11.15 Every structure hereafter erected or structurally altered, or every use, shall be located on a lot, and in no case shall there be more than one such building or use on one lot except as otherwise specifically permitted by these regulations. 11.20 Notwithstanding any other provision of this ordinance in all zoning districts the minimum depth of yards from the center of major streams shall be 100 feet, and from the center of minor streams shall be 50 feet. 11.25 Notwithstanding any other provision of this ordinance, in -all zoning districts the setback from the edge of the right of way of Interstate 89 and Interstate 189 shall be 150 feet. 11.30 Within Conservation Open Space District, lands under the same ownership may be added for computing density. 11.35 No land development may be permitted on lots which do not either have frontage on a public road or public waters or, with the approval of the Planning Commission, access to such a road or water by a permanent easement or right-of-way at least 20 feet in width. r----� 11.40 Any lot held in individual and separate and non-affiliated ownership from surrounding properties in existance on the effective date of these Regulations, may be developed for the purposes permitted in the District in which it is located, even though not conforming to minimum lot size requirements, if such lot is not less than 1/8 acre in area with a minimum width or depth dimension of 40 feet. -17- !11 I11 The density and dimensional requirements as set forth in Section 11.00 of these Regulations of the most similar minimum lot size 'to the subject lot shall apply. .45 No wall, fence, or shrubbery shall be erected, maintained, or planted on any lot which obstructs or interferes with traffic visibility, on a curve or any corner lot within the triangular area formed by the lot lines along the streets and a line connecting them at points 30 feet from the intersection. No fence or sall shall violate the provisions of 24 VSA, Section 3817. j11.70 Site Plan Approval The approval of site plans by the South Burlington Planning Commission shall be required for the approval of any use in any District, other than one and two family dwellings on pre- existing single lots. In reviewing site plans, the Planning Commission may impose appropriate conditions and safeguards with respect only to the adequacy of traffic access, circulation and parking, and landscaping and screening. The Planning Commission shall act to approve or disapprove any such site plans within 60 days after the date upon which it receives the proposed plan, and failure to so act within such period shall be deemed approval. The Planning Commission shall render its decision, which will include a findings of fact and an order, and which shall be sent to the applicant before the expiration of the aforementioned 60 day period. Copies of the decision shall also be filed with the Administrative Officer and the City Clerk for inclusion in the City records. The following data and other information shall be presented with an application for site plan approval: 1. Map or survey of lot, showing all improvements to be placed thereon, and showing in detail the proposed traffic access, circulation, parking, landscaping and screening. 2. Detailed specifications of the materials and plantings to be used. 3. Period of time in which all site improvements will be completed. 4. Information and data that the Planning Commission reasonably requires, including a cost estimate of all improvements to the site exclusive of buildings and other structures. 5. Performance bond as specified in Sec. 11.701. 6. Is in conformance with the duly adopted city plan and by-laws (certification by the Zoning Administrator required). 7. Data and information required on application form for the Planning Commission public hearing. 8. Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways, existing or proposed. Plan must be approved by City Engineer. addedr computing density. 18.106 All setback provisions in Sections 18.00 and 18.10 shall apply only to structures except -as follows: a. Within the PUD perimeter, no structures, parking areas, or access drives other than those connect- ing directly to a street shall be constructed. Also, no trees may be cut except as may be approved by the Planning Commission during PUD review. b. Within the Conservation and Open Space District, the restrictions of Section 3.30 shall apply. 18.107 The Planning Commission may reduce the frontage require- ments for lots on the outside curved portions of a cul- de-sac to 500 of the normal frontage requirement if it determines that such reduction would improve the lot layout. 18.108 No space which for the purpose of a building or dwelling has been counted or calculated as part of a side yard, front yard, or other open space required by this ordinance may be counted or calculated to satisfy or comply with a yard or space requirement of or for any other building. 18.109 No land development may be permitted on lots which do not either have frontage on a public road or public waters or, with the approval of the Planning Commission, access to such a road or water by a permanent easement or right-of-way at least 20 feet in width. Approval of permanent easements or rights -of -way shall be in accor- dance with Section 19.20. 18.110 Any lot held in individual and separate and non- affiliated ownership from surrounding properties in existence on the effective date of these fegulations, may be developed for the purposes permitted in the district in which it is located, even though not conforming to minimum lot size requirements, if such lot is not less than 1/8 acre in area with a minimum width or depth dimension of 40 feet. 18.111 No wall, fence, or shrubbery shall be erected, maintained, or planted on any lot which obstructs or interferes with traffic visibility. In the case of corner lots, the restricted area shall be the triangular area formed by the lot lines along the streets and a line connecting them at points 30 feet from the intersection. No fence or wall shall violate the provisions of 24 VSA, Section 3817. (37) blood or marriage, living together as a single house- keeping unit. 21.109 HEIGHT - As applied to a structure,the maximum vertical distance measured from the finished grade to the peak of the roof. 21.110 KENNEL - Any lot or premises on which more than three dogs, cats, or other household pets are either permanently or temporarily boarded, bred, or sold. 21.111 LOT - A parcel of land of at least sufficient size to meet the minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. 21.112 LOT FRONTAGE - The boundary of a lot along a public street. 21.113 LOW COST HOUSING - New housing which is sold for no more than the cost of any house within the lowest ten percent - of all homes on the market in the county during the 12 month period previous to the Planning Commission review. 21.114 MEDICAL CLINIC - Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. 21.115 NON -CONFORMING USES AND NON -COMPLYING STRUCTURES - Non- conforming uses and non -complying structures shall be as defined in 24VSA, Section 4408. 21.116 OUTDOOR RECREATION - The organized or unorganized use of fields, trails, bodies of water, or other land for ,recreational purposes. Permitted structures and facilities, in those districts where permitted, shall include swimming pools,, tennis courts, skating rinks, playground equipment, storage and accessory buildings, and similar facilities. 21.117 PRIVATE CLUB - An establishment operated for social, re- creational, or educational purposes but generally open only to members and not the general public. 21.118 RESTAURANT, STANDARD - An establishment whose principal business is the sale of foods or beverages for consumption within the restaurant building and whose operation is characterized by (1) service by a restaurant employee at the same table or counter at which food or beverage is -to be consumed, or (2) a cafeteria -type operation. 21.119 RESTAURANT, FAST-FOOD - An establishment whose principal , business is the sale of foods or beverages, for consumption (59) r � � which results in an exterior addition or enlargement. 28.124 LIGHT MANUFACTURING - The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. Light manufacturing includes the production of the following goods: Home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods, musical instruments; novelties; wood products; printed material; lithographical plates; type composition; machine tools; dies and gages; ceramics; apparel; lightweight non- ferrous metal products; plastic goods, pharmaceutical goods; and food products, but not animal slaughtering, curing, nor rendering of fats. 28.125 LOT (a) A lot is a parcel of land owned by a lot owner, the boundaries of which are: (1) established by a deed or deeds recorded in the land records of the City of South Burlington, and the records of any public road right-of-way; or (2) shown on a plat approved by the South Burlington Planning Commission pursuant to subdivision regulations, provided such approval has not expired. (b) When a lot owner owns a lot which fails to meet minimum lot size requirements and such lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall constitute a single lot, except that: (1) contiguous lots which as of June 7, 1947 were devoted to separate and independent uses shall constitute separate lots so long as such lots continue to be devoted to separate and independent uses; or (2) contiguous lots which are devoted to uses approved as separate uses under the South Burlington Zoning Regulations shall constitute separate lots provided such uses are conducted in compliance with the terms and conditions of the approvals granted; or (3) contiguous lots which are shown on a plat approved by the South Burlington Planning Commission pursuant to subdivision regulations shall constitute separate lots provided such approval has not expired. 28.126 LOT, OWNER - A lot owner is the record owner of fee title to a lot. 28.127 LOT FRONTAGE - The boundary of a lot along a public street. 28.128 MANUFACTURED HOME - Means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 28.129 MULTI -FAMILY UNIT - A dwelling unit within a structure containing three or more separate dwelling units. 28.130 NON -CONFORMING USES AND NON -COMPLYING STRUCTURES - Non -conforming uses and noncomplying structures shall be as defined in 24 V.S.A., Section 4408. 28,130(a) NOT -FOR -PROFIT ORGANIZATION - An entity organized, managed, and existing as a nonprofit or not for profit corporation under Title I IB, Chapter 1, of the Vermont Statutes Annotated. 28.130(b) NURSING/CONVALESCENT HOME - A facility in which highly skilled nursing and residential care is provided to people with chronic physical and/or mental impairments. 28.4 IN (jrJ -qV 2OC(0 25.106 The Planning Commission may reduce the frontage requirements for lots on the outside curved portions of a cul-de-sac to 50% of the normal frontage requirement if it determines that such reduction would improve lot layout. 25.107 Front Yard Setbacks - Non -Residential - In the case of nonresidential uses, not more than 30% of the area of the required front yard setback shall be used for driveways and parking and the balance shall be suitably landscaped and maintained in good appearance. No portion of the required front yard setback shall be used for storage or for any other purpose except as provided in this section. In addition, a continuous strip 15 feet in width traversed only by driveways and sidewalks, shall be maintained between the street r.o.w. line and the balance of the lot, which strip should be suitably landscaped and maintained in good appearance. This provision shall apply also to yards which abut a right-of-way designated for a future street. 25.108 Buffer strip - Where new nonresidential uses are adjacent to or within 50 feet from the boundary of a Residential District, the required side or rear yard shall be increased to 65 feet and a strip not less than 15 feet shall be maintained as a buffer and shall be suitably landscaped with dense evergreen or other suitable planting as a screen. 25.109 No space which for the purpose of a building or dwelling has been counted or calculated as part of a side yard, front yard, or other open space required by this ordinance may be counted or calculated to satisfy or comply with a yard or space requirement of or for any other building. 25.110 No land development may be permitted on lots which do not have either frontage on a public road or public waters, unless, with the approval of the Planning Commission, such lots have access to a public road or waters by a permanent easement or right-of-way at least 20 feet in width. Approval of permanent easements or rights -of -way shall be in accordance with Section 26.20 _0�> 25.111 Pre-existing small lots - any lot held in individual and separate and non-affiliated ownership from surrounding properties in existence on the effective date of these regulations, and thereafter, may be developed for any use allowed as a permitted or conditional use in the district in which it is located even though not conforming to minimum lot size requirements, if such lot is not less than 1/8 acre in area with a minimum width or depth dimension of 40 feet. 25.112 No shrubbery shall be erected, maintained, or planted on any lot which obstructs or interferes with traffic visibility. In the case of corner lots, the restricted area shall be the triangular area formed by the lot lines along the streets and a line connecting them at points 30 feet from the intersection. 25.113 Height of Structures Except as otherwise provided under Sections 11.40 (Queen City Park District), 14.403 (Central District), and 7.501(d) (RI-PUD Lakeshore) of these regulations, structures in all districts shall comply with the height standards below: (a) Except as allowed under subparagraphs (b), (c) and (g) below, no point of any pitched roof structure shall rise more than 40 feet, and no point of any other structure shall rise more than 35 feet, above the average preconstruction grade adjoining such structure. Maximum allowable building heights are illustrated in Exhibit 25A. (b) For applications undergoing site plan review or subdivision review (e.g. multi -family buildings, P.U.D.'s, P.R.D.'s, etc), the Planning Commission may approve an increase in height for a residential structure up to 45 feet if the Commission determines that a taller structure: 25.3 S e n d 1 n g C o n f 1--cm Lute : JAN-6-2006 FRI 09:02AM Name CITY OF SOUTH BURLINGTON Tel. : 8028464101 -------------- Phone Pages Start Time Elapsed Time Mode Result -------------- ---------------------------------------------------------- 96602552 8 01-06 08:27AM 04'21" ECM Ok C CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 August 9, 2007 David M. Farrell 5 Holmes Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the August 21, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, 1 v�- Betsy McDonough Planning & Zoning Assistant Encl. CI�1 f OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 19, 2007 Kyle & Starr Albee 55 Bartlett Bay Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts property you own. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, ?fN C1 b+ Betsy McDonough Planning & Zoning Assistant Encl. South6uri .ngto' PLANNING & ZONING March 26, 2012 Re: #CU-12-01 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincer ly, Raymond J. Belair Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 4191 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify thaton,this Z� & day of A&41`(,, 20 l 2,-a copy of the foregoing public notice for 68- 2 [type of application] # L W -/ Z -- 9/ [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: LS e x peLe- i.g44- p % 11 s a /I GLW QrJ>GJ (full names and addresses) "e-IA'e-e'd &- ��m " 6L--t�� / 1) /) ?"� /Z- X'- A � .A/sk, r 6-e . Dated at S' ktown/city], Vermont, this _ ri(, day ofA, 20 / L Printed Name: Uvl /WJ Al .f/ k G Phone number and email: It , AJ J G%Y* Signature: Date: L v Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 J 55 BARTLETT BAY RD 0130-00055 ALBEE KYLE K 56 BARTLETT BAY RD 0130-00056 GARDNER WALTER & JANE TRUST 58 BARTLETT BAY RD 0130-00058 WYNKOOP ALEXANDRA 60 BARTLETT BAY RD 0130-00060 BRUHN PAUL A 61 BARTLETT BAY Rb 0130-00061 BRIAND RICHARD J JR MARGARET 62 BARTLETT BAY RD 0130-00062 FLANDERS WILLIAM D III 64 BARTLETT BAY RD 0130-00064 CAMPBELL JANE P TRUST 65 BARTLETT BAY RD 0130-00065 KELLEY MARK D & LISA H 66 BARTLETT BAY RD 0130-00066 KELLEY MARK D & LISA H 68 BARTLETT BAY RD 0130-00068 GALBRAITH DEBORAH B 69 BARTLETT BAY RD 0130-00069 STARR MICHELLE M 70 BARTLETT BAY RD 0130-00070 BJORNSON GERHILD 71 BARTLETT BAY RD 0130-00071 BUTTERFIELD ROBERT B & SHELLEY 72 BARTLETT BAY RD 0130-00072 MEEHAN MARINA & KEVIN 74 BARTLETT BAY RD 0130-00074 STONE KATHARINE P & ROGER C TRUST 76 BARTLETT BAY RD 0130-00076 SPROUT ROSALEE A TRUSTEE 78 BARTLETT BAY RD 0130-00078 REED RICHARD R TRUST southburlington PLANNING a ZONING PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing in the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on March 20, 2012 at 7:30 P.M. to consider the following: Conditional use application #CU-12-01 of Michael Sirotkin for approval to construct a 12' X 16' screened -in porch addition to a single family dwelling, 80 Bartlett Bay Road. Mark Behr, Chairman South Burlington Development Review Board Copies of the application are available for public inspection at the South Burlington City Hall. Participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. March 1, 2012 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com TO: South Burlington property owners SUBJECT: Application before the Development Review Board for an abutting property The enclosed Development Review Board public notice or agenda is being sent to you because you have been identified as an abutting landowner to a proposed land development listed on the attachment. The distribution of this information to the abutting landowners is required by state law. You are encouraged to attend and participate in the public hearing as participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. Should you have any questions about the proposal, or wish to view the submittals, please contact the South Burlington Department of Planning & Zoning. They can be reached at (802) 846-4106 or at City of South Burlington, Department of Planning & Zoning, 575 Dorset Street, South Burlington, VT 05403. Approved for Distribution by South Burlington Department of Planning & Zoning CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: March 15, 2012 Drb\staffcomments\2012\CU_12_01_80BartlettBay Application received: February 17, 2012 Rd Sirotkin CONDITIONAL USE APPLICATION #CU-12-01 80 BARTLETT BAY ROAD Meeting Date: March 20, 2012 Acienda # 3 Owner/Applicant Property Information Michael D. Sirotkin Tax Parcel 0130-00080 80 Bartlett Bay Road Lakeshore Neighborhood South Burlington, VT 05403 Flood lain Overlay District Subject Property .y i' a I a A Michael Sirtokin, hereinafter referred to as the applicant, is seeking conditional use approval for an addition to a dwelling, 80 Bartlett Bay Road. Associate Planner Cathyann LaRose, referred to herein as staff, has reviewed the plans submitted on February 17, 2012 and have the following comments. Table 1. Dimensional Requirements LN Zoning District Re aired Proposed Min. Lot Size 12,000 SF 1 acre Max. Building Coverage 20% 8.4% Max. Overall Coverage 40% Approx 10% Min. Front Setback 20 ft. 20 ft Min. Side Setback 10 ft. >10 ft. Min. Rear Setback 30 ft. >30 ft. 4 zoning compliance CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations, the proposed structure shall be reviewed as a conditional use and shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff feels that the proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Staff feels that the proposed project is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road." The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. 2 The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. As noted in the dimensional standards table above, the proposed project meets all of the dimensional standards of the zoning district. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the proposed conditional use shall meet the following standards: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. 3 Parking is to the front and side of the building. However, given that the nature of the project as a single-family residential use, staff finds this layout acceptable and in harmony with the rest of the neighborhood. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The application does not request any change in height to the existing dwelling, which is in compliance with Section 4.07(E) and 4.08(F) of the Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 1. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Staff feels that this requirement is being met. (t) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Staff feels that this requirement is being met. (g) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access easements as part of the proposed project. (h) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already stated that any new utility lines, services, and service modifications shall be underground. 4 (i) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a single-family residential lot, it is unlikely that this criterion would apply. U) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the SBLDR. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the addition and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed expansion shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed expansion is no closer to the lake than the closest portion of the existing structure (steps which are to be removed). c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed expansion meets this criterion: the expansion is approximately 3% of the existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The applicant has submitted an erosion control plan. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake andlor stream. 5 The plan indicates that all trees will remain and meets this criterion. RECOMMENDATION Staff recommends that the Development Review Board approve Conditional Use Application #CU-12-01, subject to the applicant addressing the numbered items in the comments section of this report. Respectfully submitted, CAO�W� Cathya La Rose, AICP Copy to: Michael Sirtokin, applicant 0 Page 1 of 2 ray From: Michael Sirotkin [sirotkin@snlawvt.com] Sent: Wednesday, February 22, 2012 12:32 PM To: ray Subject: Re: DRB Application Hi Ray, sorry to have not gotten back sooner. dealing with some family health issues that is going to take me to pittsburgh tonight. if this information can wait til Monday - i would appreciate it. if not I can see if I can make it back home before my flight at 7. I can tell you in 2006 we put additions of 300 sq ft on the house that had been 2200sf the lot is an acre and we have a 625 sq ft garage and a 250sf and 72 sf sheds. our deck is currently 250 sq ft and we will be expanding it (w/ the 12'x16' screened in porch) by 128 sf ( only half the screend in porch will be new footprint. What other info do I need or can i provide now in advance of Monday. I may be able to call Randy Volk, my contractor if you need info sooner. thanks. best, Michael Not at home right now to review notes and i Michael Sirotkin, Esq. Sirotkin and Necrason, PLC 33 Court St. Montpelier,VT 05602 www.snlawvt.com 802 223 9988 802 999 4360 (cell) 2/22/2012 Page 2 of 2 802 223 2124( (fax) On Feb 22, 2012, at 10:36 AM, ray wrote: Hi Michael, I forgot to ask you last night if you have for me the additional information you were going to provide that was not on your application. If you could get that to me as soon as you can. Thanks. Ray Belair Administrative Officer <image001.jpg> City of South Burlington 575 Dorset Street South Burlington, VT 05403 Ph: 802.846.4106 Fax: 802.846.4101 rbelair@sbitrl.com wwzv.sburl.com 2/22/2012 0 , kal southbur ncyto I PLANNING & ZONING Permit - / 0'- 0 (office use only) CONDITIONAL USE / VARIANCE / MISCELLANEOUS APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( /equest for a conditional use ( ) Request for a variance ( ) Other 1) OWNER(S) OF 2COR (Name ) as sho)y4 on deed, mailing address, phone & fax #): �- �( l ✓ Tl� '� PAP ow. 0 b 2) LOCATION OF LAST RECORDED D D (book & page #) �L& 3) APPLICANT name, iling(address, phone, fax ) 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax #, if different from above): a. Contact e-mail address: f ,rb -f" r Sn • CZ�v� 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com f 5) PROJECT STREET ADDRESS: 'ems 6) TAX PARCEL ID #: 7) PROJECT DESCRIPTION a. General Project Description (describ what you are proposing): Z. b. Existing Uses on Property (including de cription and size of each separate use): c. Proposed Uses on Property (include description and size of each new use and existing uses to remain): d. Total building square footage on property (proposed buildings & existing building to remain): e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): 446 f. Number of residential Units (if applicable, new units & existing units to remain): g. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): A h. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): Conditional Use /Variance /Miscellaneous Application Form. Rev. 12-2011 II 8) LOT COVERAGE a. Total parcel size: Sq. Ft. b. Buildings: Existing % / Sq. Ft Proposed % / Sq. Ft. c. Overall impervious coverage (building, parking, outside storage, etc) Existing % / Sq. Ft. Proposed % / Sq. Ft. d. Front yard impervious coverage (building, parking, outside storage, etc) Existing % / Sq. Ft. Proposed % / Sq. Ft. e. Total area to be disturbed during construction: Sq. Ft. * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES 0 a. Building (including interior renovations): $ b. Landscaping $ N� c. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: a. P.M. Peak hour for entire property (in and out): Wk. 11) PEAK HOURS OF OPERATION 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DATE 3 S 14) PLANS AND FEE Plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time Conditional Use / Variance / Miscellaneous Application Form. Rev. 12-2011 f of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V. S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. / SIGN URE F PLICANT 4A� dvx�ll iv(� Ri G�ae� S I r-6 7 il/ t/ SIGNATURE OF DATE OF SUBMISSION: PERTY Do not write below this line I have reviewed this application and find it to be: c ewCOMPLETE ❑ Incomplete Officer PRINT NAME // 7k49 Date The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Conditional Use / Variance / Miscellaneous Application Form. Rev. 12-2011 south PLANNING & ZONING November 17, 2010 Sarah Stradtner 226 Little Chicago Road Ferrisburgh, VT 05456 Dear Applicant: Enclosed, please find a copy of the revised (project address) Findings of Fact and Decision of the enclosed project approved by the City of South Burlington, Administrative Officer on November 16, 2010 (effective 11/16/2010). Please note the conditions of approval, including that the applicant shall obtain a zoning permit within six (6) months of this approval or this approval is null and void If you have any questions, please contact me. Sincerely, Raymond Belair Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846,4101 www.sburl.com ♦I q Interested Persons Record and Service List southhurlington V E R M 0 NT Under the 2004 revisions to Chapter 117,`The Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be" an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon is o m eres e persons to the appellant in five wo rking days. 24 V.S.A.§4471(c). HEARING DATE: �b) 0 PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST T-os qo x iR -k 11 to ZZ C Cij,, 30fj 51 ro'1 ki h Foy! `J" �i R-A 1-� S � Zd1 �1V � 1=t..r � ► 5 b � �� � f � .�� SC-3 g v g o�,r -1 e�-I 'Fx�Y �c� 1 LL lO iu�t�i��t71lc�ltc,� 5P14-70fE Z15-4 _ ��y� �io2icif z z F3 S .6 ,rr.L,Q, �- 0 Syoq- /)a/. luvt L1 L auAt c 7,1b Y-IV4U0 I l A %-a. CIL �G CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: November 12, 2010 Application received: October 25, 2010 80 BARTLETT BAY ROAD MISCELLANEOUS APPLICATION #MS-10-11 Agenda #3 Meeting date: November 16, 2010 Owner Property Information Michael Sirotkin & Sally Fox Tax Parcel 0130-00080 80 Bartlett Bay Road R1-Lakeview Zoning District South Burlington, VT 05403 Applicant Charlie Proutt Distinctive Landscaping 2111 Greenbush Road Charlotte, VT 05445 Location Map Subject property y �, 4V CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 2 DEPARTMENT OF PLANNING & ZONING Charlie Proutt, hereafter referred to as the applicant, is seeking miscellaneous approval for water oriented improvements consisting of: 1) replacing wooden stairs with stone stairs, 2) reconstructing a wooden stairway, 3) re -surfacing a concrete deck, and 4) replacing a cinder block wall with stone wall, 80 Bartlett Bay Road. This application is being reviewed under Conditional Use criteria and Section 12.01(1)(3) of the South Burlington Land Development Regulations. Associate Planner Cathyann LaRose, referred to herein as Staff, has reviewed the plans submitted on October 25, 2010 and has the following comments: CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. The proposed project is consistent with the planned character of the area, as defined by the South Burlington Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed changes conform to the stated purpose of the Residential 1-Lakeview Neighborhood Zoning District. The use of property is not proposed to change. The changes are minimal and are in large part the simple reconstruction or refurbishment of existing water - oriented structures. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposal does not adversely affect the capacity of municipal or educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposal does not adversely affect the character of the neighborhood. . (c) Traffic on roads and highways in the vicinity. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 3 DEPARTMENT OF PLANNING & ZONING The proposed measures will have no affect traffic on roads or highways in the vicinity. (d) Bylaws in Effect The proposed water -oriented development shall also adhere to Section 12(D)(3) of the South Burlington Land Development Regulations, Surface Water Protection Standards, governing water -oriented development. (a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. The applicant is proposing stone stairs and a stone retaining wall. (b) The improvement will not increase the potential for erosion. The proposed improvements will result in more natural, sturdy, and modern steps, dock, and wall. Staff does believe that there will be any increased erosion resulting from the proposed changes. (c) The improvement will not have an undue adverse impact on the aesthetic integrity of the Lakeshore. The changes proposed are aesthetic improvements. (d) A landscaping plan showing plans to preserve, maintain, and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake. There are no proposed changes to the existing landscaping. Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The Development Review Board in granting conditional use approval may impose conditions of the following: a) Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operations. b) Warning systems, fire controls, and other safeguards. c) Provision for continuous monitoring and reporting. d) Other restrictions as may be necessary to protect public health and safety. Staff does not feel it is necessary to impose any of the above conditions on the proposed project. CITY OF SOUTH BURLINGTON 4 DEVELOPMENT REVIEW BOARD RECOMMENDATION DEPARTMENT OF PLANNING & ZONING Staff recommends that the Development Review Board approve Miscellaneous application #MS- 10-11. Respectfully submitted, Cathyand LaRose, Associate Planner Copy to: Charlie Proutt, applicant m 2 ee- Ohlti - Existing lakeside access, terrace & dock Proposed restoration of lakeside access, terrace & dock Distinctive Landscaping 2111 Greenbush Road Charlotte, Vr 05445 401 425.2877p 425.2797f www.distinctiveland.com RECEIVED OCT 2 5 2010 City of So. Burlington Stair & Landing Repair 2010 Sirotkin Fox Residence South Burlington, VT � o r CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET 'STI?gET SOUTH BURLINCTON, VERMONT 05403 (80�) & 6-4106 FAX (802) 846-4101 Permit # of S- l 0- 1 I APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will ,result in your application being rejected and a delay in the review before the Development Review Board. _I -understand the presentation procedures required by State Law (Section 4468 of the Planning & ^evelopnimt Ad'), Also -that hearin;js are held twice a month, That a, legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): Appeal from decision of the Administrative Officer (includes appeals from Notice of Reque:-,t for a conditional uvmz- , k i;equest for a variance V : )ther PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): 1.-; �'�`�AL;'i:.})� `.' : �'�-ii_•w�Ufv;N:`� �"R��Tr��-, OFF((°:��R qRE YOI;� ��F1i?EAI,.INO ? _ - _ ;) O;,-NER OF Rc�ORP ,J,,.arne as sfuwwn on deed, mailing address, phone & fax #): MI4 A Y,L L SJARI V �Q FitILM BAN Y-ia S*WVl+ ! iIh N[n[onl a 3 . (ki) oil °I —14 Z3 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing addr phR9"0 and fax #) Pa z 5�'— Z�79 `T J 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): CfhHP_QF_ PPeMZ1111 GiitF_Ea4Pu5 pO 1LtkAYloT`fk-,, V t.— /a.71t17 Z.7&.- -r aZ7 )47_ _7`7q-1 5) PROJECT STREET ADDRESS: 80 BAWF-I='-1'T RAkl F,1D SoL&T114 ZL-_?hNC--r0" v� o5�e3 6) TAX PARCEL ID #: 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): Gcr'1 NT Ti¢-ix.,race. S �,a► s ,4 � W Fob A a "<, —W LAY- TSTe �EA'TIr�1Ls, ��ER B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): C. Total building square footage on property (proposed buildings & existing building to remain): D. Height of bu,laing & number of floors (proposed builaings and existing builciings to remain, specify if basement & mezzanine): E. Number of residential Units (if applicable, r.ew units & existing units to (emain): �q__ - -- .-_ F Number cf ,�mployE cs ?a corn pa i j vehicle-s 'exi-ting 24 proposed, note office :. r;� )n-office employees)_ G. Other (1-ist -�-�.n;; other-inic-rr -,)tion pertineim to t` ii!�application n( specifically reru?:; .;d above, pler,se note J „er: nisiricts No 0) LOT COVERAGE A. Total parcel size: I IoZSO _Sq. Ft. B. Buildings: Existing ��`o ^i / Z02-$_ Sq. Ft Proposed Ifigo % / Zuz$� Sq. Ft. C. Overall impervious coverage (building, parking, outside storage, etc) Existing ` _% / - -7-ch (, Sq. Ft. Proposed Z6 % / Zelc cs Sq. Ft. D. Total area to be disturbed during construction: 1000 Sq. Ft. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ NoNr, B. Landscaping $ 000 C. Other site improvements (please list with cost): NoA F, 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and o ,t): - /�1, D s1 F, -- B. A. M. Peak hor,r for entire pn.aper! , (in and out) C. P.M. Peak hour for entire property (in and out): __W UN E— __ 11) PEAK HOURS OF OPERATION 1 a) PEAK DAYS OF OPERATION Flo Iri 13) ESTIMATED PROJECT COMPLETIGN DATE rot 2v_I I . 1 LIST ABUTTING PROPERTY OWNFr; (list _J of al3 �ibbttinr - orr --tv owners, includirg thoc.,e across on., :.tree; r„ r y use a set irate sleet of paper if necessary): P1 LH �2-<.�d'-Pick&tit' I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Ile SIGNATURE OF PLICANT V44 SIGNATURE O PROPERTY OWNER .u� ..�_..__..._._,. _..�.,._..__ Do not write below this -line +.',;ATE. OF SUBMISSION: 1� Y � /v REVIEW AUTHORITY: :^ -;'?LET Wvelopment Review Board ❑ Director, Planning &.Zoning fl;cation anLq `"- ,nd it to be: 0 Incomp!iL-te r of Planning & Zoning or Designee Date l l SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 December 6, 2006 Michael Sirotkin 80 Bartlett Bay Road South Burlington, VT 05403 Re: DRB Minutes Dear Mr. Sirotkin: For your records, enclosed is a copy of the approved minutes from the November 21, 2006 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, '-Be� Betsy McDonough Planning & Zoning Assistant Encl. DEVELOPMENT REVIEW BOARD 21 NOVEMBER 2006 Mr. Peabody said they now have a buffer between their homes and the commercial area. That will be removed, and they will then be exposed to noise, light, etc., from the commercial area. He said that replacing large trees with 4-trees doesn't make any sense. Mr. Birmingham asked why a 30-foot setback isn't required. Mr. Belair explained the logic from a "blank slate" point of view. He noted that with 30-foot setbacks, they couldn't put this many units on the site. He said that this is infill, and staff supports infill. Mr. Dinklage cited the inherent "unfairness" and "unintended consequences." Mr. Plumeau asked if there is a possibility of creating a differently configured unit which would require less of a waiver. Ms. Quimby suggested the possibility of a solid fence so neighbors aren't seeing as much. She felt there didn't seem to be a lot of landscaping and screening. Ms. Farrington asked what the regulations call for R-4 zoning and then allow all the units to be in one small area. Ms. LaRose explained that clustering is preferred to leave more open space. Mr. Birmingham felt there was no reason to treat the 2 sets of backyards differently, one set getting 30-foot setbacks and the other only 10-foot setbacks. He said he understood the theory, but in this case he felt it didn't work. After polling the Board, Mr. Dinklage advised the applicant that there were not enough votes to approve the current configuration. He suggested they look at providing a 30-foot setback on the eastern side. This might involve a different configuration. He also wanted to protect the old growth trees. The applicant asked for a continuance to rework the plan. Ms. Quimby moved to continue Preliminary Plat Application #SD-06-97 of Nate Hayward until 19 December 2006. Mr. Farley seconded. Motion passed unanimously. Miscellaneous application #MS-06-11 of Michael Sirotkin for a 504 sq. ft. footprint expansion to a single family dwelling, 80 Bartlett Bay Road: Mr. Sirotkin said they want to expand the property to accommodate a kitchen and porch. Mr. Belair said staff has no issued. The plans will have to be revised to include the Stormwater Superintendent's comments. 4. Public Hearing: Final Plat Application #SD-06-93 of Eighty Midas Drive, LLC, for reapproval of a planned unit development consisting of: 1) razing a 2526 sq. ft. general office building, and 2) constructing a 3-story, 8480 sq. ft. general office building including a drive-in bank, 80 Midas Drive: Civil Engineering Associates, Inc. 928 Falls Road Phone: 802-985-2323 P.O. Box 485 Fax: 802-985-2271 Shelburne, VT 05482 E-Mail: cea@together.net LETTER OF TRANSMITTAL Date: f I117) 0 (� To:j� p From: 44 c4e5� Project: St y b+ V-( el Description: -�vt11 ���e �a�,cs p{ vtv,s�d Message: l l SlZ{ i.o�<<S G5 Le} yy�e �v�ow j Copies: <--------- -- l I��vC 7}-).6 h�cl ye-<�vcd ?1 sefi Uoin vlceA a,n.y--Vv�wlj CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: November 14, 2006 \drb\misc\sirtokin\sirotkin_misc.doc Application received: November 8, 2006 MISCELLANEOUS APPLICATION #MS-06-11 80 BARTLETT BAY ROAD Meeting Date: November 21, 2006 A ends # 4 Owner/Applicant Property Information Michael D. Sirotkin Tax Parcel 0130-00080 80 Bartlett Bay Road Lakeshore Neighborhood South Burlington, VT 05403 Flood lain Overlay District •t. Subject Property :x Nk ' r` 4 Y M 1 "i^ Michael Sirtokin, hereinafter referred to as the applicant, is seeking miscellaneous approval for a 504 sq. ft. footprint expansion to a single family dwelling, 80 Bartlett Bay Road. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plans submitted on November 8, 2006 and have the following comments. Table 1. Dimensional Requirements LN Zoning District Re aired Proposed Min. Lot Size 12,000 SF 132,000 SF Max. Building Coverage 20% 2.5% Max. Overall Coverage 40% 4.6% Min. Front Setback 20 ft. 20 ft Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. >30 ft. zoning compliance CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations, the proposed structure shall be reviewed as a conditional use and shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff feels that the proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Staff feels that the proposed project is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road." The Development Review Board must find that the proposed uses will not adversely affect the following: 2 l (a) The capacity of existing or planned municipal or educational facilities. The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. The proposed project meets all of the dimensional standards of the zoning district. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (t) General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the proposed conditional use shall meet the following standards: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. 3 CI Parking is to the front and side of the building. However, given that the nature of the project as a single-family residential use, staff finds this layout acceptable and in harmony with the rest of the neighborhood. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The applicant has stated that the proposed structure will be approximately 24' in height, which is in compliance with Section 4.07(E) and 4.08(F) of the Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 1. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Staff feels that this requirement is being met. (tJ Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Staff feels that this requirement is being met. (g) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access easements as part of the proposed project. (h) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already stated that any new utility lines, services, and service modifications shall be underground. 4 (i) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a single-family residential lot, it is unlikely that this criterion would apply. (j) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the SBLDR. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the addition and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed expansion shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 200. The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed expansion is no closer to the lake than the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed expansion meets this criterion: the expansion is 17.3% of the existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The applicant has submitted an erosion control plan which has in turn been reviewed by the City's Stormwater Superintendent. He has stated the following: "if they are going to be stockpiling material I'd like to see silt fence on the down gradient side of the storage piles, as well as surrounding the work area as is shown on the plan. This prevents the pile from moving and provides extra protection. " 11 2. The plans shall be revised to comply with the comments of the South Burlington Stormwater Superintendent as per his comments regarding the silt fence on the down gradient of the topsoil piles. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plan indicates that all trees will remain and meets this criterion. RECOMMENDATION Staff recommends that the Development Review Board approve Miscellaneous Application #MS-06-11, subject to the applicant addressing the numbered items in the comments section of this report. Respectfully submitted, '"'Cathyabn LaRose, Associate Planner Copy to: Michael Sirtokin, applicant A CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 16, 2006 Michael Sirotkin 80 Bartlett Bay Road South Burlington, VT 05403 Re: #MS-06-11, 80 Bartlett Bay Road Dear Mr. Sirotkin: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, November 21, 2006 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 November 9, 2006 Michael Sirotkin Sally Fox 80 Bartlett Bay Road South Burlington, VT 05403 . Dear Property Owner;-"---- Enclosed is a draft agenda for the November 21, 2006 Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. e CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 22, 2006 Michael Sirotkin 80 Bartlett Bay Road South Burlington, VT 05403 Re: Miscellaneous Application #MS-06-11 Dear Mr. Sirotkin: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the Development Review Board on November 22, 2006 (effective November 22, 2006). Please note the conditions of approval including that you obtain a zoning permit within six (6) months. If you have any questions, please contact me. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7005 3110 4484 6661 l � SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802) 846-4106 November 22, 2006 Bob Irish 100 Park Road South Burlington, VT 05403 Re: 80 Bartlett Bay Road Dear Mr. Irish Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, `AK Betsy Mc onough South Burlington Planning & Zoning Department 1 CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: 0 v - a(, ��. NAME MAILING ADDRESS PROJECT OF INTEREST -e�jIT� zv Qob R.cS S r � � pf 'V'I'L-/V,"-/ " Val "A"V �� p IPA Jr' rye - Do 0�; a T5 1574P CJ0K P� UQSq 0.3 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit # kf� - bC -�_ APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation ( ) Request for a conditional use ( ) Request for a variance Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? 1) OWNER OF RECORD (Name as shown on deed, mailing addrrs, p o & fax �j \r,i 1 i . ]i� f �� iVi i /.i! �� 7l ( M Y1F(• 4i"�� V t'� y 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone and fax #) e- 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): n) I G 6, Ai/ S JMr �t"'L' 5) PROJECT STREET ADDRESS: 6) TAX PARCEL ID #: 7) PROJECT DESCRIPTION ( �3i -- i �1•,c A. Existing Uses on Property (including description and size of each separate use): Pik B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): T C. Total building square footage on property (proposed buildings & existing building to remain): I,,3'� D. Height of building & number of floors (proposed buildings and existing buildings to rem to s9ecify if basement & mezzanine): E' Number of residential Units (if applicable, new units & existing units to remain): F. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): 7-& G. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): 8) LOT COVERAGE A. Total parcel size: Sq. Ft. B. Buildings: Existing 2 ' Z % / Z t % ) Sq. Ft Proposed % / '-I Sq. Ft 3 ya I C. Overall impervious overage (building, parking, outside storage, etc) Existing - Z % / S` � , 7-" Sq. Ft. Proposed % / 1,60 I}_ Sq. Ft. D. Total area to be disturbed during construction: Sq. Ft. * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ S k B. Landscaping $, i C. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): B. A. M. Peak hour for entire property (in and out): C. P.M. Peak hour for entire property (in and out): 11) PEAK HOURS OF OPERATION 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DATE_ 3 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): / 6z. Alv- �'t � t i� � 7-Z'�`�l I ►Z 41 1s�Y�f 2 Ml R 9 ef 41 d A" ►Wir 41- I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my kno edge. SIGNATUREE OF APPLICANT SIGNATURE OF OPERTY OWNER DATE OF SUBMISSION: REVIEW AUTHORITY Do not write below this line UkIrevelopment Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: lt COMPL T ❑ Incomplete 9--""/aL� /l 6 6'1 of Planning & Zoning or Designee bate DAVID FARRELL ARTHUR J. ----- - RIDEO - LIT TRUSTEE SEE SHEET C1.0 I ti—f�^�—�-- 1 y2q II If MIC-D;- N SIROTKIN I \ _ - 1 FOX 1 r//// ,,, \ I / i / t CITY OF SOUTH BURLINGTON BARBARA B. REED TRUSTEE LEGEND BARBARA B. APPROXIMATE PROPERTY LINE REED TRUSTEE —120— EXISTING CONTOUR MICHAEL D. SIROTKIN N & SALLY G. FOX ROSALEE A. NOTES SPROUT TRUSTEE \ \ / \ 1 1, This plan Is not a boundary survey and is not intended to be used as one. Property line information is based upon Me City of South Burlington's tax naps. Topography Information Is based LAKE 7/ upon existing fidar contour Informadon. CHAMPLAIN 2 The purpose of MIS plan is to show the prop" limb of Michael Siroddn and Sally Fbx4 as waft as depict ft abutting property 0 owners. 7tj HENRY M. & MARGARET M. FARMER k ROBERT B. SHELLEY BUTTERFIELD I 0) \ — ' — — MICHELLE )r M.STARR U GRAPHIC SCALE JOSEPH M. & \ — — _ SUSAN E. FINNIGAN IN FEZT ) tL I i—h - 30 SITE ENGMHER: CIVIL ENGINEERING ASSOCIATES. INC. P.O. BOX 485 SHELBURNE, VF 05M 002-1064=3 FA M- =77 " w E cum MWN JISO JLM iso OWNER: MICHAEL D. SIR OTKJN & SALLY G. FOX PROJECT: PROPOSED BUILDING ADDITIONS 80 BARTLETTS BAY ROAD SOUTH BURLINGTON VERMONT OAK LEDGE Itm ROCK t POINT LANE CHAMPLAIN PROJECT LOCATION, LOCATION MAP 2W mrs I cacm aTmoK OVERALL SITE PLAN UTZ NOV. 20, 2006 Ic" I" = 30' C1 .1 Peon. NO. 06239 Bank Planing List Lain Name Common Name PlantSize Qty Napata iaassanii ^,Six Hills Giant Catmint 2 Yr 100 Distinctive Landscaping 2111 Green bush Road Charlotte, VT 05445 802.425.2877 802.425.2797 fax Charlie Proutt ASLA Trida tang Sarah Stradtner :titt;'i'k,-I Fc RcsidE.,nc' 80 Bartlett Bay Rd South Burlington, VT Restoration Plan Revl=lane Scale 1"=20' Nc Date 10.14.2010 0 10 20 Graphical Scale Centepfuel Landuepe Me ►ten Layout Cepyrieh, 2010 Dlalnrrve Loodwptnp All rlehn reef W. tllfe'Ien cared en N-72OD6 CIA rnelneerins AfndeM IN. e y GENERAL NOTES 1 Utilities ahown do not purport to constitute or represent all utilities located upon or adjacent to the surveyed premses Existing utility locations are approximate or*.. The Contractor shell field verily all utility conflicts All discrepancies shall be reported to the Engineer The Contractor shall contact Dig Safe (888-344-7233) prior to any construction. 2. This plan Is not a boundary survey and is not Intended to be used as one. Property Imes are based upon a plan entitled "Subdivision of Collins Property at End of Bartlett Rd', dated January, 1051 and recorded in Vol. 28, pg. 24 of the City of South Burlington's Land Records. Monumertation found was consistent with the recorded plan T IV SIDE - YARD SETBACK TOPSOIL, SEED AND MUCHALL DISTURBED AREAS IMMEDIATELY FOLLOWING CONSTRUCTION (SEE SHEET C2 0 FOR APPLICATION RATES - TYPICAL) SILT FENCE INSTALLED 0 USING %P HOOK FLAG POLE TECHNIQUE (TYPICAL) \ 1 9XTEhDE7MNG ' DECK AND STARS I� EXISIIJO STARS TO BE REMOVED TBM - FFE OF EXISTING FIRST FLOOR ELEVATION - 123.8' 111 E)OSONG CONCRETE PATIO C 1 i �� PAno —j— rENO WAL1tWAY — 24' PINE i �...�...�• / EX. �...�...�... SHED ' / F1051 NG ��'F•-a�•, /EXISTING PAVED No �' GARAGE ,FFE=123.7' ij •.M...�..• t' a d �ts' / - - TEMPORARY TOP saL MATE Ec / —0" CAN _ STOCKPILE IF MALKWY 12'�: NECESSARY / I, ••�� E7SIM BULKHEAD /80 BARTLETT / BAY ROAD DamrnNG FLAGSTONE • / ' �, ' �' I WALKWAY EMSTWC DECK EXISTING ,-% HOUSE __--- ' ,FFE=123.8- GAS METER •i ••% E)asnNG CHIMNEY 1 /' SETBACK REQUIREMENTS Front Yard Setback = 20 FT Side Yard Setback = 10 FT Rear Yard Setback = 30 FT 10' SIDE V /� YARD SETS K GRAPHIC SCALE o a I fneb = 10 ft DOSTBFG PAVED DRIVE \ Q� CEriv' FF I i 2012 City of So. r udir gtorl SITE ENGINEER: G CIVIL FPIGINENIING ASSOCIATES. LNG 10AMIGREDIE'WLN, SCR AWSJWRDK V! OM QaMi TA! OIMaDi Nat .Marl DRAWN rnPrmar rue - Au aKum aamPr JSO JLM APPIIII J O OWNER: MICHAEL D. SIROTKIN & SALLY G. FOX PROJECT: PROPOSED BUILDING ADDITION 80 BARTLETTS BAY ROAD SOUTH BURLINGTON VERMONT LAKE CHAMPLAIN PROJECT 11 LOCATION LOCATION MAP ,• = 2000 LEGEND EXISTING CONTOUR — — APPROXIMATE PROPERTY LINE —• SETBACK LINE O IRON PIN FOUND CONC. MON. FOUND — —OE— — OVERHEAD ELECTRIC PROPOSED — —OH CATV— — OVERHEAD CABLE TV • SHUT-OFF CONDITIONS M. POWER POLE AND EPSC ® MAILBOX SITE PLAN DECIDUOUS DECIDUOUS TREE CONIFEROUS TREE rwv� EDGE OF WOODS/BRUSH r'R aaATING ND1000 FEB, 17 2012 WOVEN WIRE FENCE ill= 10' C1.0 Paw. NO. 06239-2012 �0•� • ' /.',',i .' ',' /',',' 10' SIDE , ,',i _ _ � � �♦ � �" ' rARD s1cleAa /'� ♦ to r � I � � ..� ..�...�.. � 10,\ GARAGE ♦ ', , I �.��....r�' TOPSOIL, SEED ANO MULCHALL � ' ' ♦ y..1�..��, DISTURBED AREAS IMMEDIATELY FOLLOWING CONSTRUCTION ♦ , _ - - - - (SEE SHEET C2 0 FORAPPLICATION RATES -TYPICAL) SILT FENCE INSTALLED USING 'J'HOOK \ 1 \ BOG TECHNIQUE (TYPICAL) ........ ••••••••• • ..7 .5 c�r,•�s \ POLE �� •rEMrroPsal�. STOCKPfLEIF \ EXISTING DECK EXISVNG NULKHEAD iu" G O _N ED 1 \ \ I ADDITION 1 PAVED/ OINVE / / / / ' / X / / / EPAVB G PAVED DIOYE \ 80 BARTLETT \\ \ BAY ROAD 102.0' CONTOUR � I i i'i .'. ''/'i' ,','i � , ,i/ ' /,/ . ,'/i ' ii i ,'' (FEMA ZONE C) (FEMA DETERMINED LIMIT OF 100 YEAR FLOOD \ II \ _ 'm FRONT YARD SB\ CK \\ 21 TPM-FFEO EXISTING G EXISTING FIRST FOOR 123L' HOUSE .8ELEVATION --- \ J� 1 '.'.'. DEq '�/'/ .' ',/ . ,', / �/ ', �%��.',''%)'!9R41' •r ra` r EXTEND TREES LAKE ° \ ` r TO REMAIN EDSnNG \ CHAMPLAIN \ `" -- DPDSED • ADDITION SHE LBURNE r ,ar,L1(WAr — — (NEW MULTI BAY SEASON PORCH) : (—A ZONE A2) f• Gk �aa '• / .............. \ A — 1, I2)I; � C) \ - LAKE ELEVATION Z (SEE NOTE 2) c \ 1 ' 1 1 STATEMENT: TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS PLAN PROPERLY DEPICTS THE RESULTS OF A TOPOGRAPHIC SURVEY PREPARED BY CIVIL ENGINEERING ASSOCIATES, CONDUCTED UNDER MY SUPERVISION. PROJECT DATUM IS BASED ON NGVD 1929 ESTABLISHED BY DIFFERENTIALLY LEVEUNG FROM LAKE CHAMPLAIN. THE ELEVATION OF LAKE CHAMPLAIN WAS DETERMWED FROM THE UNITED STATES GEOLOGICAL SURVEY GAUGING STATION 04294500 AT BURUNGTON, VERMONT AS REPORTED ON OCTOBER 12, 2006 (ELEVATION 95.5'). BASED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCYS FLOOD INSURANCE RATE MAP PANEL NUMBER 500195 0005B, CITY OF SOUTH BURLINGTON. CHITTENDEN COUNTY, VERMONT PANEL 5 OF 15, EFFECTIVE DATE MARCH 16, 1961, THIS PROPERTY LIES IN ZONE C. AN AREA OF MINIMAL FLOODING, OUTSIDE THE LIMITS OF THE 100 YEAR FLOODPLAIN. �) L)(D DATE NOTES 1 Utilities shown do not purport to constitute or represent all utilities located upon or adpcent t0 the surveyed promises. Existing utility locations are approximate only. The Contractor shall fWd verify all utility conflicts. All discrepancies shall be reported to the Engineer. The Contractor shell contact Dig Sent (886-344-7233) prior to any construction. 2. This plan is not a boundary survey and is not InWKbd to be used as one. Properly lines are based upon a plan entitled 'Subdivision of Collins Property at End of Bartlett Rd.', dated January, 1951 and recorded In Vol. 28, pg. 24 o/ the City of Soudi Burlington's land Records. 10• YARD '�� - \ a•• - - 4JW O -y — TOPSOIL, SEED AND MULCHALL DISTURBED AREAS IMMEDIATELY FOLLOWING CONSTRUCTION (SEE SHEET C2 0 FORAPPLICATION RATES - TYPICAL) SETBACK REQUIREMENTS Front Yard Setback = 20 FT Side Yard Setback = 10 FT Rear Yard Setback = 30 FT GRAPHIC SCALE N o s a (MFErT) L 1—h - 10 rL LEGEND •f EXISTING CONTOUR - APPROXIMATE PROPERTY U --- — SETBACK LINE O IRON PIN FOUND o CONC. MON. FOUND — —OE— — OVERHEAD ELECTRIC - -OH CAN- - OVERHEAD CABLE TV • SHUT-OFF 'n. POWER POLE ® MAILBOX Q DECIDUOUS TREE CONIFEROUS TREE rwwwwv� EDGE OF WOODS/BRUSH — • — • — WOVEN WIRE FENCE SITE ENGINEER: r CIVIL ENGINEERING ASSOCIATES. INC. AD BOX Ja5 SHELBURNE, VT 051e2 802-M-W23 FAX fro?a Z?71 fATYNlI a0aa - ... aNnn aao••n MwK JSO JLM APPODFMD J O OWNER: MICHAEL D. SIROTKIN & SALLY G. FOX PROJECT: PROPOSED BUILDING ADDITIONS BO BARTLETTS BAY ROAD SOUTH BURLINGTON VERMONT OAICLEDGE RED ROCK POKT LaKt cI,nMN! ofN PRCIJFCT LOCATION LOCATION MAP i' = zoDa aATN CN]C® aaTeanr JE PROPOSED CONDITIONS SITE PLAN DATA NOV. 7, 2006 DRATM NV1S 10, C 1.0 P301. M. 06239 x � z OO 0�4 LLJo- Z � z W a �N U r4- Ix co Oco— F co¢ p 2 J C m Jg O ®gpam aSSO C vJ Uk y 5 � U O Z~ w j cn €con QeeN ©J 7N $ J p 0 w /�� soQo ' 7 7 0. GJ O i w U 0 V) ez < 0 •� 2^ O $$ Qx i jf oZn i ` g Ong' Jiro � �� J i w a $oil o € • j g s; s 5 ' $ �; i •r�� a ■x aL H o W g 1 r d a l A A 2 S jigt !1:-, ! 1ii gf ! � � x. ; •3Cd�� �it !;i1-sS! l �� / , E , f�. �_� ! t: -���, I;. a f �)p!i�€�����ii{ e ! }�#�mv;.921�ss i ii ,��t k C ��i }t 1! 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