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HomeMy WebLinkAboutBATCH - Supplemental - 0353 0355 Patchen Road (2)southburlington PLANNING & ZONING February 27, 2008 David Burns Patchen Place Condominium Association 353 Patchen Road #3 South Burlington, VT 05403 Re: 353-355 Patchen Road Dear Mr. Burns: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Administrative Officer on February 27, 2008. Please note the conditions of approval including that a zoning permit be obtained within six (6) months. Should you have any questions, please contact our office. Sincerely, Betsy McDon ugh Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tal 802.846.4106 fax 802.846.4101 www.sburl.com Permit Number SP- - " - I� CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) O ER OF RECORD (Name as shown on deed, mailing address, phone and fax #) -fche � �P I ace 1. IJYl�tlrn n�� . � vw� �S C h Ca iC�iZ �1in 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) S "C 4) CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #)- `f L>a.0 icy I^'� -c r11s l qua (()�Ilp3- 5) PROJECT STREET ADDRESS: �S 3 fi 3� S ,� ell Ada aQ 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 7) PROJECT DESCRIPTION a) Existing Uses Property (including description and size of each separate use b) Proposed Uses on remain) / ,) (include description and size of each new use and existing uses to c) Total building square footage on property (proposed buildings and existing buildings to remain) Mcl—a-,- d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) A f n cam- _. e) Number of residential units (if applicable, new units and existing units to remain) { f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8) LOT COVERAGE Total Parcel Size: a) Building: Existing % / Proposed % / sq. ft. sq. ft. Sq. Ft. b) Overall impervious coverage (building, parking, outside storage, etc) Existing % / sq. ft. Proposed % / sq. ft. c) Front yard (along each street) Existing % / sq. ft. Proposed % 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): $ b) Landscaping: $ c) Other site improvements (please list with cost): Ln I-D U e- q +rt c-S f L2,gZ� J ) 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: 2 r 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14) ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) 15) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 3 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT A i /P,4 1, SIGNATURE OF PROPERTY OWNEIt, Do not write below this line DATE OF SUBMISSION: 05 j� REVIEW AUTHORITY: ❑ Development Review Board Administrative Officer I have reviewed is site plan application and find it to be: Comp 4 ROI 1 LHV I b H BURNS FFCNJE NO. - 802 863 M23 FEB. 22 2008 03. 43Ft'I F2 South Burlington Pudic Works 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL: (802)658-7961 FAX- (802)658-7976 Mr. K J. Barrett Barrctt's Tree Service 376 Patchen (toad South Burlington, V Y 0540:3 Dear BJ: OFFICE 104 LANDFILL RD. Novernbor 14, 2007 I am writing regarding the five Eastern White Pine trees that the Patchen Plaee L!4lAA��/1 LILILLLALLL A visual inspection of the aforementioned trees was conducted on November 5, 2007, w, ith the following findings: • There is one 14 inch dbh (diameter breast height) tree located on the slope that is completely dead and represents a high risk of failure and removal is definitely rcconma.ended + The four remaining Eastern White Pines range in diameter from 14-28 inches, and represent a moderalp ngk of fnihrre. These trees "hibiT n, y-fuicty of cicfocts, tbQ most notably of which axe tightly approtced codorninant leaders_ This particular defect will worsen over time as the trees grow in diameter, resulting in an inareaced riElr of failure. + The root collar of the largest White Pine has been buried due to a ilowerbed 'rluuvd at Au I'LLLl1.J, 1111U AA,,L-i I WL.Ldt ALL 1� k!At 1fid 1S1lkl &-! R'+, tl'}flrtl4�e �M"P tg TtiL t19+' risk of failure. It should be noted that a root collar inspection was not conducted to assess the presence of this particular defect. Please feel free to contact me if you require any additional information. Sincerely, Craig Lambert South Burlington City Arborist ISA Cert. # NE-0714A 575 Dorset St South Burlington, VT 05403 Email: clambert@)sburl:com CITY OF SOUTH BURLANG'1.'ON DEPA1t'I'MENT OF PLANNING & ZONL'NG 575 DORSET S'rREET 8f)tJTH BURLINrM)N, VER1b1C)N"1' 05403 (802) 8.16-4106 FAX (802) 946.41M November 21, 2007 William R. 'rodd, President Patchen Place Condominium Association 353 Patchen Road #4 South Burlington, `T 05403 Re- Hazardous Pine Trees Dear Mr, Todd. I am in receipt of your letter of November 3, 2007 regarding hazardous Pine Trees, Please note that approval to remove these trees must be obtained by the Development Review Board. In order to apply to the Board, you will need to submit a site plan review application together with a landscape plan prepared by a landscape professional showing all existing landscaping to rernain and the trees to be removed Once we have received a complete application, we will schedule you for a meeting before the Board. Should you have any questions, please feel free to contact me. Sincer / / 1 ay J. Be Administrative Officer -Q- A ��az/ems FROM DAVID M BURNS PHONE NO. 802 863 052 FEB. 22 2008 03:44PM Pl YY-6 X 2 1-d t Ik 6�.- 7—dr Al fo I R1 .Ad T-4 AMA "' /'\- � /' _MIXED Wt�o�G�4-ht�S 0 n A 355PATCffE5N R-DAD EXISTING LANDSCAPE PLAN / P-R-OPOSEA PINE TREE 1Z.EMOVAL QL(A N T I K,EY Ty COMMON NAME TREES A 5 MAPLE $ s WRITE PINE C 1 DWARF= WftlTE PINE D 2 CRABAPPLE �� �� � E 9 RED PINE S I-fRl.lgS M1kF-PWOOP AHtP-'2 F 2 PWAR; FtEMLOM 2 VI$I.I.RNL M �i J Ft 6 CiDLDf=1NC�ERSI.LSFtCINQJtEEDIL 'GLOPF—S I 2 LILAC J � sPIREA /� K 6 J LtN IPER �� �- 4 RFtODODENDRL)N � PROPOSED TREES TO BE REMOVER K.ey COMMON N/kME M 6 WWTE PINE DECEASED WFtITEPINE /h No7�; �Sir� AIM+slo�ls COPIED 0?DK ''�x�snNC7 I -A NP-5-AFF PLAN ZOOo " BY ---D N ITLE: �t 5DVrf4 eVRW N TD1 • . 90L - K5"8 - 36 8 SON . . Noff GARDEN w wti.� 472 Marshall AvemWi ae, Matan, Vermont 05495 802.658.2433 ■ F f 3 �o C EC-.) •��.��,ro• , 0 0 ;::i� 16, �o C) r.. m -+% c C/) C.)O N M S' ) •` r FzbK um rr*z) JuNi � lg,� uM D AZ J UN %pE� W&W -j,,AApL_C- r-X1s-UNy FLMT L-15T M,� iF • 3 wVjtZ !Ne z CFA13AFME ,J uN(PT z - F-ED rfNE 7 On Z P/F H FVLDC-IL ✓ zt w+ ITE7 pINt i9 7 10 Ni I DES , sr, re. - U I,AL —LILAC s-FIFA, �s Dil,eAp;� 44LbGIL MAF''-E -TFeE 5-pI r-r-A - HEM1_oet4- act-1�}c, tANV�E�'FE T(.A,�-4 3 SS fA-rcA j N F-,CAI> svuT-{ PUKljNciToN-,\7( Auci us-r Z o; 2o00 �5Y J U UET F.APAS� 8og-27+1-81-T6 FaF-, F-Wr-5EA,soN's GApperJ c� -r 37-3 1 "r->usrlAL-AVF-, I; --1k, MIXED wo©��kn�� I V TO F-A-rc,O Elm/ ROAD `V ktF-rP V 00-P {-A H tP5 I ► AM $14 355 PATC+-FE N RDA D EXISTINCI LANDSCAPE PLAN / PR.OPOSED PINE TREE R-EMOVAL KEY G?J.(A NT I Ty COMMON NAME TREES A 5 MAPLE g 3 WRITE PINE C 1 DWARF WRITE PINE D 2 CRABAPPLE E 9 RED PINE S I-i•RI.ISS F 1 DWARF HEMLOCK C� 2 V IB LIMN IAM H (o f10LDFIN6jERRMSHCINQL(EFOIL I 2 LILAC J SPIREA K 6 J I.tN IPER L 4 RI-FODODENDRON PROPOSED TREES TO BE REMOVED IGEY COMMON NAME M 6 WHITE PINE N 1 DECEASED WHITE PINE t oOT'F: 617-F AIM",Sj0NS copiFp f::p0M ''tx'ST-1M67 L-A S AFF PLA-N ZOOO " BY �J • SAR -SFf ITLE: -DN �SOVT�-! l3VRLiMG 2TDN g YT �/10%LT r ION GARDEN n c 1►i'T r � 472 Marshall Avenue, Williston, Vermont 05495 802.658.2433 ■ r l Patchen Place Condo Association 353 Patchen Road #4 So. Burlington VT, 05403 City of South Burlington November 3, 2007 575 Dorset Street South Burlington VT, 05403 Att; Planning and Zoning Department Subject: Hazardous Pine Trees: Gentlemen: We have about four pine trees, some as high as 80 feet, hanging over one of our buildings and presenting a hazardous condition. Tree experts have told us that they could break at the crotches in a strong wind and come down on the roof. These pine trees have killed off or impeded other vegetation in that general area. There is plenty of maple in the area that will grow in as soon as the pines are gone. We also find that the pines and their needles are causing moss and mold damage to the roof and the decks. The pines have also killed off 80% of the grass behind this building. The pines block out the sun, the building never gets the chance to dry out. The occupants in the buildings complain about the dark and dank atmosphere. Please find enclosed copy of letter dated Nov 14, 2007 from Craig Lambert, South Burlington City Arborist, describing the results of his on site inspection on Nov 5, 2007. We ask your permission to remove these four pine trees and one dead one behind them this November or December. We would appreciate your reply as soon as possible because we are eager to get going on some badly needed roof repairs. Yours very Truly; PATCHEN PLACE CONDOMINIUM ASSOCIATION I'l,h"le -X� William R Todd President Phone # 860-7021 South Burlington Public Works 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL: (802)658-7961 FAX: (802)658-7976 OFFICE 104 LANDFILL RD. Mr. B. J. Barrett Barrett's Tree Service 376 Patchen Road South Burlington, VT 05403 Dear BJ: November 14, 2007 I am writing regarding the five Eastern White Pine trees that the Patchen Place Condominium Association wishes to remove. A visual inspection of the aforementioned trees was conducted on November 5, 2007, with the following findings: There is one 14 inch dbh (diameter breast height) tree located on the slope that is completely dead and represents a high risk of failure and removal is definitely recommended • The four remaining Eastern White Pines range in diameter from 14-28 inches, and represent a moderate risk of failure. These trees exhibit a variety of defects, the most notable of which are tightly appressed codorninant leaders. This particular defect will worsen over time as the trees grow in diameter, resulting in an increased risk of failure. • The root collar of the largest White Pine has been buried due to a flowerbed placed at its base. This may result in root and basal decay, thereby increasing the risk of failure. It should be noted that a root collar inspection was not conducted to assess the presence of this particular defect. Please feel free to contact me if you require any additional information. Sincerely, Craig Lambert South Burlington City Arborist ISA Cert. # NE-0714A 575 Dorset St South Burlington, VT 05403 Email: clambert@sburl.com CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 21, 2007 William R. Todd, President Patchen Place Condominium Association 353 Patchen Road #4 South Burlington, VT 05403 Re: Hazardous Pine Trees Dear Mr. Todd: I am in receipt of your letter of November 3, 2007 regarding hazardous Pine Trees. Please note that approval to remove these trees must be obtained by the Development Review Board. In order to apply to the Board, you will need to submit a site plan review application together with a landscape plan prepared by a landscape professional showing all existing landscaping to remain and the trees to be removed. Once we have received a complete application, we will schedule you for a meeting before the Board. Should you have any questions, please feel free to contact me. Sincer , l ay J. Be 44 Administrative Officer 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 15, 2000 Tess Gouvin 355 Patchen Road #5 South Burlington, VT 05403 Re: Final Plat Application #SD-00-48 Dear Ms. Gouvin: Enclosed is a copy of the September October 3, 2000 Development Review Board minutes on the above referenced project. If you have any questions, please give me a call. Sincerely, Sarah MacCallum, Planning & Zoning Assistant SM/mcp 1 Encl DEVELOPMENT REVIEW BOARD 3 OCTOBER 2000 4. Public Hearing: Final Plat application #SD-00-48 of Tess Gavin to amend a previously approved planned residential development consisting of eight units in two buildings. The amendment proposes to legitimatize the present landscaping of the planned residential development, 353 & 355 Patchen Road: Mr. Todd, president of the condo association said he did not know why what had been approved had not been planted. Mr. Belair noted there had never been a Certificate of Occupancy issued. Ms. Quimby moved the Development Review Board approve final plat application #SD-00-48 of Tess Gavin to amend a previously approved planned residential development consisting of eight units in two buildings. The amendment proposes to legitimatize the present landscaping of the planned residential development, 353 & 355 Patchen Road, as depicted on a one page set of plans entitled "355 Patchen Place Plant Inventory" with a stamped received date of 8/23/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 26.105(a) of the Zoning Regulations, the Development Review Board grants a landscaping waiver for $1,357.50. 3. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. Mr. Schmitt seconded. Motion passed unanimously. 4. Final Plat application #SD-00-51 of Champlain College, Inc., to re -approve the three -lot subdivision plat approved by the Planning Commission on June 23,1970,1845 & 1855 Spear Street and 197 Allen Road. This plat was recorded without the signature of the Commission's clerk required by 24 VSA, 4416, consequently, the approval became null and void: Mr. Collins, legal counsel for Champlain College, said the lot was gifted to the College and the problem was discovered at that time. Mr. Belair said staff has no issues with the application. 91 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 18, 2000 Tess Gavin 355 Patchen Road, #5 South Burlington, VT 05403 Re: Patchen Place Condominiums — Landscaping Alterations, Final Plat Dear Ms. Gavin: Enclosed please copies of the Finding of Facts of the Development Review Board meeting on October 3, 2000 (effective date October 17, 2000). Please note the conditions of approval. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 29, 2000 Tess Gouvin 355 Patchen Road #5 South Burlington, VT 05403 Re: Patchen Place Codo Landscaping Alterations, Final Plat Dear Ms. Gouvin: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure someone is present on Tuesday, October 3, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerely, Raymond J. 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S ANN v .L..S 1 O l D 3c 6° Qo Im I Erg N ��bje , SU'�S 1 rC SwF wLk PintE i l s V(suw�u►� i �.4ixk�'t.►u�.r�P�� . 10/3/00 MOTION OF APPROVAL PATCHEN PLACE CONDOMINIUMS, 353 & 355 PATCHEN ROAD I move the South Burlington Development Review Board approve final plat application #SD-0048 of Tess Gavin to amend a previously approved planned residential development consisting of eight (8) units in two (2) buildings. The amendment proposes to legitimize the present landscaping of the planned residential development, 353 & 355 Patchen Road, as depicted on a one (1) page set of plans entitled, "355 Patchen Place Plant Inventory" with a stamped received date of 8/23/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 26.105(a) of the Zoning Regulations, the Development Review Board grants a landscaping waiver for $1,357.50. 3. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 10/3/00 MOTION OF APPROVAL PATCHEN PLACE CONDOMINIUMS, 353 & 355 PATCHEN ROAD I move the South Burlington Development Review Board approve final plat application #SD-00-48 of Tess Gavin to amend a previously approved planned residential development consisting of eight (8) units in two (2) buildings. The amendment proposes to legitimize the present landscaping of the planned residential development, 353 & 355 Patchen Road, as depicted on a one (1) page set of plans entitled, "355 Patchen Place Plant Inventory" with a stamped received date of 8/23/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 26.105(a) of the Zoning Regulations, the Development Review Board grants a landscaping waiver for $1,357.50. 3. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. / / ) DEVELOPMENT REVIEW BOARD MEMO OCTOBER 3, 2000 MEETING 2. Section 23 of the Sign Ordinance requires that a master signage plan be submitted for any lot within the Dorset Street/City Center Sign District. The applicant should revise the master signage plan to: a) Include the approved wall signs of 364 Dorset Street. b) Include an accurate plot plan depicting the locations of all signs. c) Include a table computing the maximum allowable size for each of the signs proposed, the size and number of the signs proposed, and how each sign is lit. d) Include proposed landscaping for all ground mounted lights. e) Include raised borders around the "medical office" wall signs. 3. The applicant should eliminate the "Redemption" and "Entrance" wall signs from the north fagade of 364 Dorset Street within one year of approval by the Development Review Board. 4. Final design of each sign proposed for 366 and 368 Dorset Street may be approved by the Director of Planning and Zoning provided each sign complies with the approved typical (i.e. dimensions, colors, material, location of the free- standing signs, elevation of the wall signs, and lighting). Any change to the sign typical shall require review by the Design Review Committee. Any changes to the signs of 364 Dorset Street shall require review by the Design Review Committee. 4) PATCHEN PLACE CONDOMVgIUMS — FINAL PLAT - LANDSCAPING, 353 & 355 PATCHEN ROAD This project will amend a previously approved planned residential development consisting of eight (8) units in two (2) buildings. The amendment proposes to legitimize the present landscaping of the planned residential development, 353 & 355 Patchen Road. The existing landscaping differs from the landscaping last approved by the Planning Commission as part of the project's site plan on May 8, 1990 (minutes enclosed). The property on Patchen Road is located within the Residential Four District. It is bounded on the east by Patchen Road, on the south by a residence, on the south by a cemetery, on the west on the undeveloped land, and on the north by a residence. Landscaping_ The applicant is proposing to legitimize the mature landscaping existing on the site as the approved landscaping. The previous final plat approval required the applicant to bond for $8,969. Staff estimates that $1,357.50 worth of landscaping was never planted but recommends that this required amount of landscaping be waived as the landscaping has matured and the site is well landscaped. There are no areas that could benefit from additional landscaping. The existing landscaping does provide the same intended effect as the approved landscaping. CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant ��� G /� 2) Name of Subdivision�"� 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plot designer since preliminary plat application %��, `� �� au V �;t , 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since pre ary plat application: 5) Submit five copies and Qne reduced copy (11 x 17) of a final plat plus engineering drawings and cpntaining all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for a 'vision. - z3 (Signat ) applicant or contact person I Date PLANNING COMMISSION 8 May 1990 page 2 3.Continue Public Hearing: Final Platapplication lication of Desi n Development, Inc. for subdivision of 2.9 into 3 lots of 2.35, 0.33 and 0.22 acres and construction of an 8 unit planned residential development on the 2.35 acre parcel, Patchen Road Ms. Pugh asked why the 5 years of affordability had been changed to 3 years in the agreement. Mr. Weith noted the City Attorney said he was concerned about 5 years. Mr. Belter and Ms. Peacock had no problem with 3 years and Mrs. Maher said she would go along with it. Mrs. Maher read the City Attorney's letter. She then asked how rental of units is controlled. Mr. Weith said only people who meet the low/moderate income criteria would qualify to rent. Mr. Poger felt there should be reference to rental prices. Mr. Burroughs noted they can only get VHFA financing for the purchasers of 4 of the units. He said if the Commission limits the other units to VHFA qualifications, they can't sell the other 4 units. Mr. Weith said the City Attorney's idea was to allow sale of those other 4 units to people whose income is 10% higher than VHFA requires. Mr. Burroughs felt this would still not make the project viable. Mr. Duppstadt felt 15% might be easier. He noted there are a lot of people who fall just a bit above VHFA limits. Mr. DeGraff noted there is a 23% difference between the 8.6% VHFA mortgage rate and the 11% bank rate. Mrs. Maher said the applicant can always come back to the Commission with bank people to show that they can't sell the units at the limits set by the Commission. She suggested 20% above VHFA limits. Both Mr. Belter and Ms. Peacock agreed to 200. Ms. Pugh wanted 15%. Ms Pugh asked to add on p. 2, 3 lines down the following: "Based on the expressed representation of the applicant that VHFA will finance only 3 to 4 units..." Ms. Peacock asked about enforcement. Mr. Weith said for the VHFA financed units it will be easy. The other 4 will be harder. One tactic would be some sort of financial disclosure. Mrs. Maher asked Mr. Weith to investigate a method by which city government can find out which units did in fact go to buyers who fit the target of the Commission. Ms. Peacock moved the Planning Commission approve the Final Plat application of Design Development, Inc, for subdivision of 2.9 acres into_3 parcels of 2.35, 0.33 and 0.22 acres and construction of an 8 unit planned residential development on the 2.35 acre parcel as depicted on a 2 page set of plans entitled "Patchen Place Associates, Property Survey, #355-357 Patchen Road, South Burlington, Vermont," prepared by Pinkham Engineering Associates,' Inc and dated 12/14/89, last revised 3/29/90, with the following stipulations: Planning Commission 8 May 1990 page 3 _1._The applicant shall post a $7,100, 3-year landscaping bond prior to permit. The landscape plan shall be revised prior to final plat to show the 4" sewer line over the back of the duplex lot. All plantings shall be at least 10 ft away from this line 2. The deed for the duplex lot shall include a provision which prohibits the removal of the pine screen unless approved by the Planning Commission. Wording to such effect shall be recorded within 90_ days. The proposed wording shall be submitted to the City Attorney forapproval prior to recording. 3. A sewer allocation of 2,400 gpd is granted The applicant shall pay the $2.50 per gallon fee prior to permit. 4. The plan shall_ be reivsed prior to recording to show a 5 foot wide sidewalk along Patchen Rd. which is continuous across all driveways. A bond in an amount to be determined by the City Engin- eer shall be osted prior to permit to cover the cost of in- stalling the sidewalk. 5. A recreation fee of $200 per unit shall be paid prior to permit 6. The Planning Commission waives the 50 foot P.U.D. setback. It is the Commission's opinion that due to the topography of the pro- perty the placement of buildings and pavement within the 50 feet P.U.D. setback is unavoidable. The proposed uses are compatible with the surrounding uses and will create no adverse impacts to surrounding properties. 7. The attached "Affordable Housing Agreement" as amended by_ the .Planning Commission and approved by the City Attorney shall be recorded in the South Burlington land records prior to the is- suance of a building permit. 8. Legal documents for the pedestrian easement shall be submitted to the City Attorney for approval and shall be recorded prior to permit. 9. Specifications for site lighting shall be submitted to the City Planner for approval prior to permit. 10. The final plat shall be recorded in the City Clerk's office within 90_days or this approval is null and void. Mr. Belter seconded. The motion passed 3-1 with Ms. Puqh opposin as she felt not enough concessions Commiss on was waiving. een made for what the r ana serve. They share information about PROVIDES YOUR HOME WITH BRIGHT Nxd'URAL LIGHTUSING USING ADVANCED NATURAL LIGHTING REFLECTIVE TECHNOLOGY y d.� M M "i9" 00 .O.* • Outperforms an similar size tiler ,vs z _ , Narural Light tubularp llhK t! 3 Tuhuipr5kylight • Little or no ileac los< or n rn • No struuuua! chances needed • Professional Installation available • ?5 year transferable crarantee ; =" w; »' W: .t .. ..__ • I're-packaged kirs available ' V Showroom National Supply National Now Open) Su ChimneySupply Inc. :T3 Cammcrcr Baer,. Jum, i-(I 658 8898 or 1-888-94.5-2080 ')Blum, ttnn - Yn. 4-�, 5,it. 9-12 LOST & FOUND FOUND WATCH Foun fir' /r 9/15 on Maple St nee IS '50, 55- Battery Park, Call I s. identify, 658-4910 LOST BLACK LAB tY' PU in vacinity of Watkins Rd E C T R I C Milton. 5mo old, ha ror camp/a- choker collar but n 678-31 58. tags. Comes to the name of Alex. Call 893-4397 S� LOST CAT-SHELBURN rith swings, & a lot of Felix, our small charcoal ttachments. grey and white cat, 3 yrs. t d's yours) old, green eyes, strayed, from Shelburne Heights/ Spear St area Aug. 22. Antique in some Timid but friendly -and ra DuMle greatly missed. Drawn to pie 6-cot- sheds, garages. tounda- 1 1-2 de y tion shubbery. If you see 312. Felix please call Alison Cook 985-2613 day or } night. Or email LER Best alisoncookClo pdq.net iu pick up. LOST CAT Black & white tiger, lost in Lakewood Estates area of New after 6 ): GOOD pg haired, Preferred North End on Sept. 4 other' pets. Pe [Labor Day] Sorefy missed.865-0675 wed neu- call 802- LOST CAT Essex Jct. White)Black. was wear- ing mg blue collar, with hu, sick water mane society tags. Miss - ie re, odd & ing from West at. area, since 9/10 Call 879-0587 please leave message �- D LOST CAT' Female, Maine coon mix, last ;h remote seen on 8/14 on Roscoe ost in ,vi- Rd, in Charlotte, Black & )f8ce, sub- Brown 'long, hair, white 'iburne Rd patch on -chin, and chest. $�9308. Please call w/info, 425-5416. ray, found LOST CAT Female, small cle in 2575 [approx Slbsj, 'brown & • tan tortoise; w/ medium ,length hair, Lost ' B/22 "NniiA tl6iitl•338t, • around Count side de- velopment in Essex' Jct- May be headed ;ta Willis- ton Call879-6428 Trey Short 48 LOST DAY RUNNER black, zipper style, lost in " iRET the No. Prospect/Archi- brldentify. bald St. area. on 9/11.. 5 863-6226. ME. -r ---WVsI�,Q You art'- ted to a free, public forum to hear why, wr,h nlj th, 5:now, there are still 'h million food related illnesses a year in the United States Dr- Douglas Archer, former U.S. Surgeon General and past Deputy Director of the FDA who also served on the World - = t Health Organization Committee on .rood r. Hygiene will give his insights as a former regulator on why.' we are not controlling food related diseases Wednesday, September 2'7, 2000I 4 to 5:30pm CARPENTER AUDITC'RIUM Given Medipal Building on the IJ'JM Campus PRESENTED BY THE VERMOPtT,�CA DfMV OF SCIENCE ANC, EN31Nr-EFING 3 LOST & FOUND P s o E 3 PERSONALS 6 ADULT S 'S d, LOST CAT Last seen on ADOPTION A married ENTERTAINMENT LEGAL 1 LEGAL 11 I NOTICES I NOTICES r 8124 on Dumont Ave o So. Burlington, near Air- in couple with much love SOLID GOLD and security to offer dentlal development con - port Oven, also answers wishes to ado t a new P to' Cookie. Grey w/white born. We can help with Birthda s, Bachelor ette y [ ] strip-O-Grams. 862-1377 The South Burlington I sisting of 297 residential Development Review units and an 18 hole golf belly &white' paws, white all medical, and living ex - on face. like an Oreo [ Completely VIDEO EXPRESS Board will hold a pubflc I nearing at the South Bur- Course- The amendment • consists of combining 14 gal.' . le- ' cookie] Grey nose, gal. We promise your 215 Main St., Winooski, bngion City Hall Confer- single family lots into one green/'yellow eyes. 2 yrs baby a safe and wonaer- old, little, H.Viagra, movies, adult latex 654-3651 & since Room, 57, Dcrset Street. [1] lot and constructing 11 a plump. 652- ful future in a happy and gag gifts, South Burlington duplex units and one 1578 Marlon or Renata. if you see someone tak loving home. Please hear our prayer call Janie [toll Vermont on Tuesday Oc single family dwelling, LEGAL 1 1 tober 3. 2000, at 3U ; ECOndmOLf Farm Road. ing our posters dawn, free] 866-886-2229. NOTICES P 10. to consider foe lei- I please cell usl f lowing 53 Final ,oar application Reward. ADOPTION LEGAL NOTICE j #SD-00-50 of John, 54DumorrtAve We miss her very much. A,couple with,a marriage filled with love & respect HINESBURG ZONING BOARD ' 1 1] Final Piet application I i #SD-OC-47 Larkin �o amend a Planned unit develop - wish to share our happy PUBLIC HEARING Of John i Larkin to amend a previ- 'Went consisting of a 200 home with a newborn, Your child would be char- The Hinesburg Zoning oust roved Manned ! room hotel 60 room ho- Board of Adjustment will Y approved I tel. restaurant, and three f y1 shed by Irvine extended family, conduct a public nearing unit development cr,sis- {3i mull,-iamdv mveiling. ing, of coil ur;tlrin an Tie fnends. & two peo- pie who can't wait to be on Tuesday. Ocmbe: 2000 at 7:30 P,SJ. ,n the amerrtiment onsi is adoit;nr, 10 sir F • I;trul .f ad )nay a ground parentsll Medical/ legal Town Halt to hear the fol- hotel budding and .I ne`�, l mounted HVAC unit with ;n, i'• expenses paid. Please lowing appeals: 11 rcom hotetbuifding on associated landscaping, :qw J' 1 pall Paul &Jeanine 1-888-767-2535 1- Sleepy Hollow Ski Bike a site developed with an , 1702 Shelburne Road. room hotel and 2 F a ,; ,F• ADOPTION Big sister & and Center located off the Sherman Hollow seat eat restauranF The I John flmklage, t o m;l ` loving parents want to share our hearts w,' new- Road to revise their con- ditional use permit with a amendment consists of- "hsrman �1 constructing a onSouth Burlington LOST Doe born. 800-933-6586, P in ' change to the lit trial, in- way driveway arivew By Development Review Board ,.BEAR' , 2 yr. old 00. Joan & Ralph stallation of a snowmak- fog system, in the Conservation & Open Space District, !! Mile St, Bernard, AIRLINE TICKETS Ha- and to, build a water storage pond and 2] parking layout modifl- September 19. 2000 Lost: mean •t Little Spruce 'Ski Area, wail, 2 round trip air- fares, leave any major 2. Andrew Seaton for cations. 1 Dorset Street, Stowe VT, Tuse. May 900 12 Noon. airport.$1991ea. 1 8 0- 325-8816 a side yard setback varf- ance to construct a deck 21 Final plat application $i,000 REWARD. and mudroom/porch on #SD-00-51 of Champlain NO QAi S' I O N S PLUMBERS A PIPEFiT- his house in Orchard College, Inc to raiiry a T TER 'who worked at Commons. three [31 lot subdivision Call 802-25533-9028 1959 ;Pleasespital from 1 Scott 195g- 'IPlease call Scott n Gary 'S use for a conditional use approved on 6;'23r70, fmplaymeaf 7845 & 1855 Spear eieterotd'@aol.com Franklin 1-800-222-2766 permit for a home occupation of I Street and 197 Allen L' T 'WATCH F,OB/ � YCMA1N 'w/ TICKETS [2] New Ham p- a wood working shop at his Road, ( EMPLOYMENT 12 ,,Gold, g d tlepha'nt, on the end. shire 300 Winston Cup. Suit" Sept 17, 2000. property on Lake Street on Lake Sunset. ' 3]Finel plat application f r40K POTENTIAL* Last sither',at Champlain, MiN Cr TJ Maxx parking P $90/ea 893r4148 or 862-95'68 4. Palmer and Jennifer Peet for a conditional #SD-00-48 of Patchen Outside Sales 9 Idt.Rpward. Bfi2-3943 use permit add a Place Condominiumten As- Will tram, need car iOST' OR', 'FOUND PET?' Check When I see the kids' eyes meet ,your eyes with love porch to pre-existing re non -conforming house sociatinn to amend a Call Bob 864-2284, previousiy approved " with the Hnflane $otieXy First? HdIrane'Societyof' Chittenden and adoration, I know the lord and the angels got together the day you located on Pine Shore Drive. planned residential de- rr velopment consisting of eight [a] units in two [2] i buildings, Co. 862-0135 were born. Thomas McGfenn, Chair Hinesburg Zoning Board 353 A 355, rum Patchen Road The LOSS" A"PET? ADULT g amendment ccnsists of i Please contact ENTERTAINMENT September 19. 2000 P modifications to the leno- I Free Press The Franklin County Humane Society ADULT ARCADE Planet NOTICE soaping plan Classifieds 3 k8650 Rack Adult store. PUBLIC,HEARING SOUTH BURLINGTON 4] r Preliminary plat appil- Wake youyid BOLD! Main Main 23 2nd floor. floor. Barre. 479 0234 Barre. DEVELOPMENT cation #SD-00-"9 of 1 Fairway Estates. LLC to It Works. . ,u REVIEW BOARD amend a planned rest-� 6SS-3321 i 4 ( V CIO a 7[( c ' ? 7,��1��_ �37 E n 41 i �P0 /^APB -__--- CAL . 2yz" W5EPII1'a P', H51Ai,oCK WH IT 2 3f-�! \uhI T E FIN; �l0 41- AJp A .IULJIF�r �i.ILAC 2 GAL. IREFS 3 4f-s' Po-rrur1,LA ! eAAL SPIR'LA AQKIUAL COi blf Nr W R o \V 2 &AL . 15 SF. J 91, a 4 r c KC = 7 �G ,cc_ I? G,pti3 I Ie7,6 x Z n � 1AAP---- F�otiv�f� CRE�f3 t P',,VA H 51A Lo G_K \�HITF1kil r ' W3 GAL. 6'_S� 3: F 1y : _AkMA IUQIFp F. �l0 4' - 2 �3 4'- 5' ILAC 7 R != E Sp1a,G _ AUWUA 1. COpb1Q N F D4 r Row ------- 2 15 --� 5 — SF. - 1. p I #�z State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation Mary Trottier, Esquire Ward, Kelley & Babb 3069 Williston Road South Burlington, VT 05403 Dear Mary: AGENCY OF NATURAL RESOURCES Wastewater Management Division I I I West Street Essex Junction, Vermont 05452 Telephone #(802) 879-5656 Subject: Water Supply and Wastewater Disposal Permit #WW-4-0257 and Subdivision Permit #EC-4- 1479; Patchen Place Condominiums, Patchen Road, South Burlington, VT. Our office has received a construction completion report dated May 12, 1999 from Pinkham Engineering Associates, Inc. for the sanitary sewer and water supply piping f6r the above subject permits. This satisfies Conditions #10, 12 and 13 listed in permit #WW-4-0257. Thank you for your close attention to the permit conditions. Sincerely, ff�� C-ut'�' Ernest Christianson Regional Engineer c City of South Burlingtor. Pinkham Engineering Associates, Inc. Act 250 Environmental Commission #4 Bank F,B 282 Williston Road, P.O. Box 700, Williston, Vermont 05495-0700 (802) 879-9000 A Federal Swings Bank AMENDED IRREVOCABLE LETTER OF CREDIT 90-11 August 5, 1992 City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Gentlemen/Ladies We hereby amend our Irrevocable Letter of Credit #90-11 dated August 6, 1990 in favor of City of South Burlington for the account of Patchen Place Associates in the revised amount of Three Thousand and no/100 ($3,000.00), U.S. Currency, available by your draft at Sight at the Vermont Federal Bank, FSB, 282 Williston Road, Williston, VT 05495. Sight drafts may be drawn by an authorized representative of the City of South Burlington and must be accompanied by the City of South Burlington signed statement that the Patchen Place Associates is in default according to the terms of an Amended Letter of Credit Agreement even dated, and that the Patchen Place Associates has received at least sixty (60) days notice of such default status, and that sight drafts will be for amount as called for by the agreement. All drafts drawn under this credit should bear the clause "Drawn on The Vermont Federal Bank Letter of Credit 190-11" and be presented at this Bank no later than August 6, 1993, pursuant to the terms as outlined above. We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to The Vermont Federal Bank. Except as otherwise expressly stated herein, this credit is subject to the Uniform Customs and Practice for Commercial Documentary Credits fixed by the International Chamber of Commerce, I.C.C. Publications 400 (1983 Revision and any future Revisions thereof), and governed by the Uniform Commercial Code, of the State of Vermont, in existence and as from time to time amended. Sincerely, Vermont Federal Bank, FSB By: b'd, , h A . . s Duly A t orize Agent 1 Bank Fsa 5 Burlington Square, P.O. Box 789, Burlington, Vermont 05402-0789 (802) 658-6000 A Federal Sovirgs Bonk IRREVOCABLE LETTER OF CREDIT 90-11 August 6, 1990 City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Gentlemen/Ladies: We hereby establish our Irrevocable Letter of Credit 190-11 in favor of City of South Burlington for the account of Patchen Place Associates in the amount of Seven Thousand One Hundred and no/100 ($7,100.00), U.S. Currency, available by your draft at Sight at the Vermont Federal Bank, FSB, 5 Burlington Square, Burlington, VT 05401. Sight drafts may be drawn by an authorized representative of the City of South Burlington and must be accompanied by the City of South Burlington signed statement that the Patchen Place Associates is in default according to the terms of an Letter of Credit Agreement dated August 6, 1990, and that the Patchen Place Associates has received at least sixty (60) days notice of such default status, and that sight drafts will be for amount as called for by the agreement. All drafts drawn under this credit should bear the clause "Drawn of The Vermont Federal Bank Letter of Credit 190-11" and be presented at this Bank no later than August 6, 1993, pursuant to the terms as outlined above. We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to The Vermont Federal Bank. Except as otherwise expressly stated herein, this credit is subject to the Uniform Customs and Practice for Commercial Documentary Credits fixed by the International Chamber of Commerce, I.(;,C. Publications 400 (1983 Revision and any future Revisions thereof), and governed by the Uniform Commercial,Code, of the State of Vermont, in existence and as from time to time amended. sincerely, Vermo F e al Bank F By: Its buly Authorized Agent City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 4, 1992 Vermont Federal Bank Attn: Ms. Kay Mennitt P.O. Box 700 Williston, VT 05495 Re: Letter of Credit #90-11, Patchen Place Dear Ms. Mennitt: ZONING ADMINISTRATOR 658-7958 On August 6, 1990 the Vermont Federal Bank issued a letter of credit in favor of the City of South Burlington in the amount of seven thousand one hundred ($7,100) dollars . Be advised that the expiration date of that letter of credit was August 6, 1993. We understand that due to completion of the project the Bank does not wish to continue the letter of credit. We understand that Mr. Clem Baker will be issued a new letter of credit at a reduced amount for a one-year term. The City hereby agrees to reduce the original amount from seventy one hundred ($7,100) to three thousand ($3,000) dollars. Please forward the amended letter of credit to this office. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward Zoning Administration Officer RW/peh 10 PATCHEN RD.. )0. BURLINGTON, "i ) 05403 802 8621161 May 1, 1991 PATCHEN PLACE CONDOMINIUMS 355 Patchen Road South Burlington UNIT FINANCING 1 VHFA 2 VHFA eligible 3 Back on market 4 VHFA 5 VT Federal adjustable 6.875% 6 VT Federal adjustable 6.875% 7 VT Federal adjustable 6.875% 8 Summit adjustable 6.875% STATUS Closed Pending ✓ Closed Closed Pending Closed - Closed - Farnham 03 M�.sl Associates REAL ESTATE F CITY OF SOUTH BURLINGION Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant j- 2) Name of Subdivision 3) Submit Subdivision Fee 4) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses)- //dl- 5) Indicate any changes to name, address, or phone number of owner of record, applicant, or contact person since sketch plan application: 6) Name, address, and phone number of: a. Engineer b. Surveyor V-T / 41&e 57- 4? /111 C XO'-, c. Attorney d. Plat Designer E 7Z- 7 ------- 7) Indicate any changes to the subdivision such as nuriilx�r of Jot`-' or U111tS, property lines, applicant's legal interecft in the proix-t-ty, ('t('., sk(.tch plan alplication: 8) List names and mailing addresses of owners of record of all contiguous properties: 1&". < < 1Af r4, //,,, �,P .e k;) " 1,411" 1 C, 1 ,. 74, 9) State title, drawing number, date of original plus any revisions, and designer(s) of the.,preliminary map(s) aceonpanyinq this application: 10) COST ESTIMATES for Planned Unit Developments, multi -family projects, and commercial and industrial complexes: (a) Buildings (b) Landscaping ; (c) All Other Site Improvements (e.g., curb work) 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi -family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour P.M. peak hour Z; Je _ Average daily traffic /3__ % of trucks 12) Attach five copies of a preliminary map showing the following inforiiotion: a) Proposed subdivision name or identifyinq title and the name of the city. h) Name and address of owner of record, suh(livider and designer of Pro L im- inary Plat. c) Nwnber of acres within the pro[x)sed subdivision, Rx-at ion of pro[x,i ty line!;, StrUCWres, waterc(mrses, w(xxled arCl-ls,and ()lhH`l ('X1!J- inq physical d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property or serving the property to be subdivided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately maintained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet,:based on United States Geolog- ical Survey datum of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. 1) Numerical and graphic scale, date and true north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culverts which may be required. n) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the f Held. UnlCss ,ul existing -,tl,-c�t in tersec tiOn i:. :>hc,w1, tiw dIs;t'lnc•(- IIOI)(I ,I ,.tI(�('t I1011; O11C 1 (I)I 111 I I Of t}l( , f)rc lfx-1 ty tl� tfl(' I)( ,IIt `-.t �'�'I It Ilul t I I r,t I I I t 4'I L�('('t lO[1 .,ILII I 1» ;11( )•JI!. P) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 13) Developmental timetable (including number of phases, and start and completion dates) 14) List the waivers applicant desires from the requirements of these regulations: 15) Attach a vicinity map showing the following: 1) All existing subdivisions, approximate tract lines and acreage of adjacent parcels, together with the names of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed sub- division and to the adjacent properties as designated in paragraph 1 akx)ve. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. hill ItL110 Ipld l(' 1111 �i t,lc'i Ex l" ;c>Il ez/ f 0 i 1,1t� \ -C�r-----------'---- - //' - SUBJECT \ � �--'-- '' --_- ' � /t1l/,/�� - ''- --'--' -'-- ---_� -- -- "��='- --_--- ��-�w�- _ G x (_* 7-1 & ` P/ --- . [] PLEASE REPLY By __-__--. _-- [] N[)REPLY NECESSARY El V0VEB1 } CITY OF SO[TM BURLINGION Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant 2) Name of Subdivision 3) Submit Subdivision Fee 4) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses): ' t 5) Indicate any changes to name, address, or phone number of owner of record, applicant, or contact person since sketch plan application: 6) Name, address, and phone number of: a. Engineer b. Surveyor �l� .l:i. - ` y3Z pl&e S/ Qt2li�c /�-- .f c. Attorney ait+.e d. Plat Designer ,_ [L. - �04 ' J -- F '7--- 7) Indicate any changes to the subdivision such as numtx-r of l()t!, Of unite, property lines, applicant's legal interest in the projx�rty, (�tc•., ';Mc•c sketch plan a : pl ication: L1. `� (..�_) � •�,/�=7 -- - -;�- - J J,�:- _ c?l.l.,,�=c�.�-i_ - CTV1.J� �;'<-�eic-'il � . 5 �-S ..C, ,.:. (;-�...�.... r E 8) List names and mailing addresses of owners of record of all contiguous properties: 9) State title, drawing number, date of original plus any revisions, and designer(s) of the,.preliminary map(s) accompanying this application: 10) COST ESTIMATES for Planned Unit Developments, mult i- family projects, and commercial and industrial complexes: (a) Buildings (b) Landscaping (c) All Other Site Improvements (e.g. , curb work) L-+U; cC, 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi -family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour 7.'3d P.M. peak hour Z; Jd Average daily traffic / f % of trucks 12) Attachfive copies of a preliminary nap showing the I:ollowing infornw-Ition: a) Proposed subdivision name or identifyinq title and the name of tho city. h) Name and address of (caner of record,suh(livider and designer of PL(,Linr inary Plat. c) Number of acres within the proFx-)eed subdivision, lox -at ion of hrojx,i ty lines, structur(,s, waterc(mrses, mxxled area_,,and Othoi tr;:;Ont 1.11 ('Nl:;t- inq iA,y!;ical d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property or serving the property to be subdivided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately maintained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet,:based on United States Geolog- ical Survey datum of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. 1) Numerical and graphic scale,_ date and true north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culverts which may be required. o) The location of temporary markers adequate to enable the Lcxrunission to locate readily and appraise the Iki:;ic layout In the 1 Iold. Unless .III existing tl`(t intersection i:; :shOwn, th(• (H!Janc'(' Li1(ln(I ,I :Jl(vt I'-", onc' ('OI n(•I (I the projx'I ty to th(' n( ll(";t {I A 11141 t I (r 1 Illt( I::(`('t I(H1 .;IL11 I W All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 13) Developmental timetable (including number of phases, and start and completion dates) 14) List the waivers applicant desires from the requirements of these regulations: 15) Attach a vicinity map showing the following: 1) All existing subdivisions, approximate tract lines and acreage of adjacent parcels, together with the names of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed sub --- division and to the adjacent properties as designated in paragraph 1 alx)ve. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. O -------- - - -- - ----- ------ - SUBJECT FROM:.-- (IJ (XCGZ �- DATE: • - . .-- --• ------ - i rr --------...._.. _vQQ.�..r.►,- - - uccl�� O� _.- ----------- --...------- J33 --...._-_---------•----- - ❑ PLEASE REPLY BY —_.._......_......._ ❑ NO REPLY NECESSARY ❑ (OVER) City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 27, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, 49 Essex Junction, Vermont. 05452 Re: 3-lot subdivision/8 unit P.R.D., Pat-chen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meetinS and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, May 1, 1990 at. 7:30 P.M. to represent your request. cere y, oe Weith, City Planner Encls cc: Mr. Clem Baker J W/mcp CITY OF SOUPH BURLINGION Subdivision Application - SKI:PCH ;'IAN 1) Name, address, and phone number of: a. owner of record r 11121�2i �11�' PA�AFC ?(01 PALL4P R 'So uIVl .v�•Kat�� u�t b. Applicant CS Lain c. Contact person LArrou4L'S oc� tS 1-q3�� 53SS 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). n � D r: � , 1 -. � i� .. X.CJn G,. _ IY/• /.�+lTt1XY� l I11�iJ�i .U.�/1 V ` • 1 1 3) Applicant's legalinterestin the property (fee simple, option, etc) C PUr �95P ,41-f5 CoJtt AA 4) Names of owners of record of all contiguous properties u1nSDU► - ELkr,Iokc)to.n -Mt� e�%/ —A - fJnn 1 t C I LcPAAI QPr 'S `tcuo - sal. 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. "no '0 V10•VA PKLaw.br19W�P5 I. 6) Proposed extension, relocation, or modit'ication of municipal facilities such as sanitary sewer, storm drainage, etc. J water supply, streets, 7) Describe any previous actions taken by the 'Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: 8) Submit five copies and one reduced copy (8 1/2 x 11 or 8 1/2 x 14) of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. W, L-"I' 717 4q (Sign ure) applic t or contact person date -2- MEMORANDUM To: South Burlington Planning Commission From: Joe Weith, City Planner Re: Patchen Place - Affordable Housing Agreement Date: May 7, 1991 I need the Planning Commission to clarify what was intended with a certain requirement contained in the above referenced affordable housing agreement. Section 1(a) of the agreement (attached) requires at least four of the units to be occupied by families who are eligible for home loan assistance from VHFA. VHFA has the following minimum standards: 1. Maximum family income: $34,400 for 1-2 person family $39,500 for 3 + person family 2. Maximum cost of unit: $95,000 for used unit $105,000 for new unit 3. Must be first time home buyer or has not owned home in 3 years. It is my understanding that it was the Commission's intention to require only that the units be occupied by people whose income met VHFA requirements. The reason why I would like this clari- fied is that the applicant has someone interested in buying a unit whose income meets VHFA guidelines but he/she currently owns a home. Therefore, since the person owns a home, he/she does not qualify for a VHFA home loan. It is my opinion that this person meets the intention of the affordable housing agreement. However, I would like the Commis- sion to clarify this issue. V OFF#CE S :)N. PARADIS. L FITZPATRICK loan assistance the parties hereto covenant and agree as follows: l(a). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit authorized by the Planning Commission's approval of the above - described project, no less than four (4) of the eight (8) units approved by the Commission may be used and occupied as a primary residence for an individual or individuals who, at the time they begin occupancy, are eligible for home loan assistance from the Vermont Housing Finance Agency. l(b). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit authorized by the Planning Commission's approval of the above - described project, the remaining units must be owned and occupied as primary residences. l(c). At the time of the initial sale or lease of any unit by Applicant, Applicant shall designate such unit as a VHFA Eligible Unit or a non-VHFA Eligible Unit by providing written notification of such designation to the South Burlington City Planner and by including notice of such designation in any document of conveyance or lease. Applicant shall designate at least four (4) units as VHFA Eligible Units. 2. Any period during which a unit is occupied or used in violation of the conditions set forth in Paragraph 1 above, shall not be counted toward satisfaction of the three (3) year period set forth in Paragraph 1. 3. An enforcement action for violation of the conditions in r'eceived ?�G. [0 199Q,a+ Recorded in Vol. lam Of So. Burlington l. q" AFFORDABLE HOUSING AGREEMENT Margaret A P'W?YA l G EMENT made this 6th day of December, 1990, by and between the City of South Burlington, a Vermont Municipality located in Chittenden County, acting by and through its Planning Commission (hereinafter referred to as "City"), and Patchen Place Associates, a Vermont General Partnership with its principal place of business in South Burlington, Vermont (hereinafter referred to as "Applicant"). WHEREAS Applicant has requested approval from South Burlington Planning Commission for the creation of 8 dwelling units, as shown and depicted on plan entitled, "Patchen Place Associates", Property Survey, #355 - 357 Patchen Road, South Burlington, Vermont, dated. 1,,s1 re,;,a/ 5I Zi9 and prepared by Pinkham Engineering Associates, Inc., WHEREAS, Applicant has asked that the Planning Commission approve the maximum number of dwelling units allowable on the subject property; and WHEREAS, to induce the Planning Commission to grant approval for such number of units, Applicant has offered to make the dwelling units available as "affordable housing"; and WHEREAS, the Planning Commission is willing to grant the requested approval provided the subject dwelling units are made available as "affordable housing"; NOW THEREFORE in consideration of the mutual premises set forth above, other good and valuable consideration, and as expressly represented by the applicant that the Vermont Housing LAW OFFICES Finance Agency will guarantee a maximum of 4 units for home BERGERON. PARADIS. COOMBS 6 FITZPATRICK loan assistance, the parties hereto covenant and agree as follows: l(a). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit authorized by the Planning Commission's approval of the above - described project, no less than four (4) of the eight (8) units approved by the Commission may be used and occupied as a primary residence for an individual or individuals who, at the time they begin occupancy, are eligible for home loan assistance from the Vermont Housing Finance Agency. l(b). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit authorized by the Planning Commission's approval of the above - described project, the remaining units must be owned and occupied as primary residences. 1(c). At the time of the initial sale or lease of any unit by Applicant, Applicant shall designate such unit as a VHFA Eligible Unit or a non-VHFA Eligible Unit by providing written notification of such designation to the South Burlington City Planner and by including notice of such designation in any document of conveyance or lease. Applicant shall designate at least four (4) units as VHFA Eligible Units. 2. Any period during which a unit is occupied or used in violation of the conditions set forth in Paragraph 1 above, shall not be counted toward satisfaction of the three (3) year period set forth in Paragraph 1. LAW OFFICES 3. An enforcement action for violation of the conditions in BERGERON. PARADIS, COOMBS & FITZPATRICK Paragraph 1 shall be brought against the owner of the unit at the time of the violation, as well as any occupant of the unit if different than the owner. 4. If the City commences an enforcement proceeding for a violation of the conditions herein set forth, in addition to any other relief which it may obtain in such proceeding, it shall be entitled to recover its reasonable attorney's fees if the court determines that there has been a violation. 5. This affordable housing agreement shall be incorporated by reference in any conveyance or lease of any unit executed prior to expiration of the three (3) year term set forth in Paragraph 1 above. 6. The terms of this Agreement shall be binding upon the Applicant, and the Applicant's successors and assigns. This agreement amends and supercedes the previous agreement dated STD, 1990, and recorded in Volume 2fL, Page Yf-`V of the South Burlington Land Records. Dated at South Burlington, Vermont, this day of Dec.0 .ri L C e- 1990. CITY OF SOUTV BURLINGTON By: C Qq�0�� Dated at So �u�'�.� Vermont, this (O day of 1990. APPLICANT PATCHEN PLACE ASSOCIATES By: LAW OFFICES A General Partner BERGERON, PARADIS. RE/ppagree COOMBS 6 FITZPATRICK -- ----i�2V1_1NTS ,— j i AA e 4,.A4C- Orle- L� T Vj C..o ^A lei /a x y-ao X01 x — cJ .S r- D 3 oe o V// o 10 PATCHEN RD_, SO. BURLINGTON, VT 05403 802 8621161 MARY ELLENg 1KER LA OWNERIB 862-1161 - am ®M�s Far Ih ssociates AL �TA'I'E A� ---- - BERGERON, PARADIS, COOMBS & FITZPATRICK ATTORNEYS AT LAW JOHNJ BERGERON VINCENTA PARADIS FREDERICK W COOMBS EDWARD D FITZPATRICK NORMAN C SMITH MARJORIE D LISSOR December 6, 1990 Joe Weith City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 27 MAIN STREET PO BOX 925 BURLINGTON, VERMONT 050112 (802)863-1191 FAX (802) 863-5798 Re: Unit 4 Patchen Place Condominium Unit 5 Dear Joe: ESSEX JUNCTION OFFICE 34 PEARL STREET P O BOX 174 ESSEXJUNCTION, VERMONT05453 (802)879-6304 FAX(802) 879.6533 REPLYTOP O BOX925 BURLINGTON, VT This office represents Patchen Place Associates. Pursuant to the affordable housing agreement entered into by and between Patchen Place Associates and the City of South Burlington, Unit #5 of Patchen Place Condominium is hereby designated as a unit which is not to be counted as eligible for home loan assistance from the Vermont Housing Finance Agency. Unit #4 is designated as a unit eligible for home loan assistance from the Vermont Housing Finance Agency. If you need further clarification please contact me. Sincerely, Frederick W. Coombs, Esq. FWC/tlk Recorded in Vol. Q&Zv on pr, Of So. Burlington Attest AFFORDABLE HOUSING AGREEMENT Margaret TCSCityAardGEMENT made this 6th day of December, 1990, by and between the City of South Burlington, a Vermont Municipality located in Chittenden County, acting by and through its Planning Commission (hereinafter referred to as "City"), and Patchen Place Associates, a Vermont General Partnership with its principal place of business in South Burlington, Vermont (hereinafter referred to as "Applicant"). WHEREAS Applicant has requested approval from South Burlington Planning Commission for the creation of 8 dwelling units, as shown and depicted on plan entitled, "Patchen Place Associates", Property Survey, #355 - 357 Patchen Road, South Burlington, Vermont, dated l ey/y9, /ks� r�vircq� 5I2 10 and prepared by Pinkham Engineering Associates, Inc., WHEREAS, Applicant has asked that the Planning Commission approve the maximum number of dwelling units allowable on the subject property; and WHEREAS, to induce the Planning Commission to grant approval for such number of units, Applicant has offered to make the dwelling units available as "affordable housing"; and WHEREAS, the Planning Commission is willing to grant the requested approval provided the subject dwelling units are made available as "affordable housing"; NOW THEREFORE in consideration of the mutual premises set forth above, other good and valuable consideration, and as expressly represented by the applicant that the Vermont Housing LAW OFFICES Finance Agency will guarantee a maximum of 4 units for home BERGERON. PARADIS, COOMBS d FITZPATRICK loan assistance, the parties hereto covenant and agree as follows: 1(a). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit authorized by the Planning Commission's approval of the above - described project, no less than four (4) of the eight (8) units approved by the Commission may be used and occupied as a primary residence for an individual or individuals who, at the time they begin occupancy, are eligible for home loan assistance from the Vermont Housing Finance Agency. 1(b). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit authorized by the Planning Commission's approval of the above - described project, the remaining units must be owned and occupied as primary residences. 1(c). At the time of the initial sale or lease of any unit by Applicant, Applicant shall designate such unit as a VHFA Eligible Unit or a non-VHFA Eligible Unit by providing written notification of such designation to the South Burlington City Planner and by including notice of such designation in any document of conveyance or lease. Applicant shall designate at least four (4) units as VHFA Eligible Units. 2. Any period during which a unit is occupied or used in violation of the conditions set forth in Paragraph 1 above, shall not be counted toward satisfaction of the three (3) year period set forth in Paragraph 1. LAW OFFICES 3. An enforcement action for violation of the conditions in BERGERON, PARADIS. COOMBS 6 FITZPATRICK Paragraph 1 shall be brought against the owner of the unit at the time of the violation, as well as any occupant of the unit if different than the owner. 4. If the City commences an enforcement proceeding for a violation of the conditions herein set forth, in addition to any other relief which it may obtain in such proceeding, it shall be entitled to recover its reasonable attorney's fees if the court determines that there has been a violation. 5. This affordable housing agreement shall be incorporated by reference in any conveyance or lease of any unit executed prior to expiration of the three (3) year term set forth in Paragraph 1 above. 6. The terms of this Agreement shall be binding upon the Applicant, and the Applicant's successors and assigns. This agreement amends and supercedes the previous agreement dated 1990, and recorded in Volume ;?1?9, Page YY-YV'of the South Burlington Land Records. Dated at South Burlington, Vermont, this day of Dec e V.,% Let e— , 1990. CITY OF SOUTTBURLINGTON By: Dated at so. eue,1n ti Vermont, this tO day of TI—)eccR-ML.,er 1990. APPLICANT PATCHEN PLACE ASSOCIATES By: LAWOFFICES A General Partner BERGERON, PARADIS, RE/ppagree COOMBS 6 FITZPATRICK C w � DRAFT #3, June 1, 1990 AFFORDABLE HOUSING AGREEMENT THIS AGREEMENT made this day of May, 1990, by and between the City of South Burlington, a Vermont Municipality located in Chittenden County, acting by and through its Planning Commission (hereinafter referred to as "City"), and , a Vermont Corporation with its principal place of business in Vermont (hereinafter referred to as "Applicant"). WHEREAS Applicant has requested approval from the South Burlington Planning Commission for the creation of 8 dwelling units, as shown and depicted on a plan entitled, "Patchen Place Associates, Property Survey, #355-357 Patchen Road, South Burlington, Vermont, dated and prepared by Pinkham Engineering Associates, Inc.,and WHEREAS, Applicant has asked that the Planning Commission approve the maximum number of dwelling units allowable on the subject property; and WHEREAS, to induce the Planning Commission to grant approval for such number of units, Applicant has offered to make the dwelling units available as "affordable housing"; and WHEREAS, the Planning Commission is willing to grant the requested approval provided the subject dwelling units are made available as "affordable housing"; 1 0 DRAFT #3, June 1, 1990 AFFORDABLE HOUSING AGREEMENT THIS AGREEMENT made this day of May, 1990, by and between the City of South Burlington, a Vermont Municipality located in Chittenden County, acting by and through its Planning Commission (hereinafter referred to as "City"), and , a Vermont Corporation with its principal place of business in Vermont (hereinafter referred to as "Applicant"). WHEREAS Applicant has requested approval from the South Burlington Planning Commission for the creation of 8 dwelling units, as shown and depicted on a plan entitled, "Patchen Place Associates, Property Survey, #355-357 Patchen Road, South Burlington, Vermont, dated and prepared by Pinkham Engineering Associates, Inc.,and WHEREAS, Applicant has asked that the Planning Commission approve the maximum number of dwelling units allowable on the subject property; and WHEREAS, to induce the Planning Commission to grant approval for such number of units, Applicant has offered to make the dwelling units available as "affordable housing"; and WHEREAS, the Planning Commission is willing to grant the requested approval provided the subject dwelling units are made available as "affordable housing"; 1 0 NOW THEREFORE, in consideration of the mutual premises set forth above, other good and valuable consideration, and as expressly represented by the applicant that the Vermont Housing Finance Agency will guarantee a maximum of 4 units for home load assistance, the parties hereto covenant and agree as follows: 1. At the time of the initial sale or lease of any unit by Applicant, Applicant shall designate such unit as a VHFA Eligible Unit or a non-VHFA Eligible Unit by providing written notification of such designation to the South Burlington City Planner and by including notice of such designation in any document of conveyance or lease. Applicant shall designate at least four (4) units as VHFA Eligible Units. 2(a). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit designated as a VHFA Eligible Unit, the unit shall only be used and occupied as a primary residence for an individual or individuals who, at the time they begin occupancy, are eligible for home loan assistance from the Vermont Housing Finance Agency. 2(b). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit designated as a non-VHFA Eligible Unit, the unit shall only be used and occupied as a primary residence for an individual or individuals who at the time they begin 2 r occupancy have income which does not exceed the income requirements for home loan assistance from the Vermont Housing Finance Agency by more than twenty per cent. 3. Any period during which a unit is occupied or used in violation of the conditions set forth in paragraph 2 above, shall not be counted toward satisfaction of the three (3) year period set forth in paragraph 2. 4. An enforcement action for violation of the conditions in paragraph No. 2 above shall be brought against the owner of the unit at the time of the violation, as well as any occupant of the unit if different than the owner. 5. If the City commences an enforcement proceeding for a violation of the conditions herein set forth, in addition to any other relief which it may obtain in such proceeding, it shall be entitled to recover its reasonable attorney's fees if the court determines that there has been a violation. 6. This affordable housing agreement shall be incorporated by reference in any conveyance or lease of any unit executed prior to expiration of the three (3) year term set forth in paragraph 2 above. 7. The terms of this Agreement shall be binding upon the Applicant, and the Applicant's successors and assigns. Dated at South Burlington, Vermont, this day of May, 1990. 3 IN THE PRESENCE OF: Witness BY: Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. CITY OF SOUTH BURLINGTON At South Burlington, Vermont, this day of June, 1990, , duly authorized agent of the City of South Burlington, personally appeared and acknowledged this instrument by him/her signed and sealed to be his/her free act and deed, and the free act and deed of the City of South Burlington. Before me, Notary Public Commission Expires: 2/10/91 Witness BY: Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. APPLICANT At South Burlington, Vermont, this day of June, 1990, , duly authorized agent of the City of South Burlington, personally appeared and acknowledged this instrument by him/her signed and sealed to be his/her free act and deed, and the free act and deed of Applicant. SONOIIA.AGR Before me, Notary Public Commission Expires: 2/10/91 4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 9, 1991 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: Patchen Place, Patchen Road Dear John: ZONING ADMINISTRATOR 658-7958 Enclosed are the November 13, 1990 Planning Commission meeting minutes. Please call if you have any questions. Y, _L be Weith, ity Planner 1 Encl JW/mcp cc: Clem Baker PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 December 21, 1990 Mr. Frederick W. Coombs, Esquire Bergeron, Paradis, Coombs & Fitzpatrick 27 Main Street P.O. Box 925 Burlington, Vermont 05402 Re: Patchen Place Affordable Housing Agreement Dear Mr. Coombs: ZONING ADMINISTRATOR 658-7958 Enclosed for your records is a copy of the above referenced agreement. S n ere y Q.f, oe Weith, City Planner cc: Clem Baker JW/mcp L / 67` 1 / � CEBCO, Inc. Box 154 Mt. Philo Road Charlotte, VI' 05445 802-425-2093 29 October 90 Joe Weith, Planning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Weith: Seven months of effort has shown we will be unable to meet the Planning Board's requirements on the sales of our Patchen Place condominiums not covered by VHFA. We request a meeting with the Planning Commission at the earliest possible time to discuss the removal of this restriction. We do, however, remain committed to offering affordable housing priced well within VHFA guidelines. Joe, I understand the next possible meeting is 11 Dec 90. We would be available to stand-by at any earlier meetings if there was a possibility of being heard. Thanks again for all your help. Sinc y, Clement E. Baker, Associate Patchen Place Association ceb/e , AN AMERICAN BUILDINGS COMPANY 11/13/90 MOTION OF APPROVAL I move the South Burlington Planning Commission approve the request of Design Development, Inc. to amend the Affordable Housing Agreement which was conditioned upon the approval for a three (3) lot subdivision and construction of an eight (8) unit planned residential development located on Patchen Road. This approval is conditioned upon the following stipulations: 1. At least four (4) of the units shall be occupied by families whose incomes meet the requirements of the Vermont Housing Fi- nance Agency for at least three years from the initial sale of the units. 2. The remaining four (4) units shall be owner occupied. 3. A revised agreement addressing the conditions above shall be submitted to the City Attorney for approval. This revised agree- ment shall be approved by the City Attorney and recorded in the South Burlington land records prior to the sale of any of the four (4) remaining units. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 9, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: Patchen Place, Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, November 13, 1990 at 7:30 P.M. to represent your request. erely, oe Weith, City Planner Encls cc: Clem Baker JW/mcp Memorandum - Planning November 13, 1990 agenda items November 9, 1990 Page 6 The other issue to be resolved involves the recreation requirement. The City Attorney made a recommendation in regards to this re- quirement when the Planning Commission was reviewing the Blodgett application. The staff feels that this recommendation would also apply to this application. The recommendation is that the Planning Commission should,reference the 15% set -aside in the approval motion of the city plans to acquire the land some time in the future. We would calculate 15% of the 39 acres today and say we want to compel dedication in the future when there is a recreation need due to the subdivision of a large number of lots. 7) PATCHEN PLACE, AFFORDABLE HOUSING AGREEMENT The approval for the three (3) lot subdivision and 8 unit PRD included a condition that the 8 units must be affordable housing. Enclosed is a copy of the minutes of the final plat approval and the "Affordable Housing Agreement". In summary, the agreement requires four (4) of the units to be occupied by families whose incomes meet VHFA requirements. The remaining four (4) units may only be occupied by families whose income exceeds VHFA requirements by up to 20`/0. Apparently, the applicant had no trouble selling the first 4 units since they were financed by VHFA . However, they have run into difficulty with the remaining four because of the income limitations. The applicant will be at the meeting to more fully explain the situation. The applicant is proposing to amend the agreement so that four units are still limited to families whose incomes meet VHFA requirements. These limitations would apply for 3 years as is currently the case. The remaining 4 units would have no income requirements. However, they would have to be owner occu- pied. I did not warn this request as a public hearing because it does not involve a change to the subdivision plan or involve a contro- versial issue. 2 State of Vermont Department of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Environmental Conservation State G eoloyist Natural Resources Conservation council May 9, 1990 Ernestine DeGraff 361 Patchen Road South Burlington, `T 05403 RE: Vases EC-4-1479 and WW-4-0257. Deal, Ms. DeGraff: AGENCY OF NATURAI. RESOURCES Department of Environmental Conservation Essex Junction Regional Office III West Street Essex Junction, Vermont 05452 1-879-6563 Our office has completed an initial review of the above referenced project and has determined that the additional information listed below will be needed before approval can be granted. l 1 1 The 2 inch water line is only 5 feet from the new manhole and 6 to 8 feet from the 4 inch sewer- line to Building #1. The water line needs to be 10 horizontal feet distance from the manhole and all sewer lines. (2) Please provide details, prepared by a professional engineer, registered in the State of' Vermont, for all aspects of the new sewer and water _Lines. The details need to include manholes, slope of the 4 and 8 inch sewer lines, invert elevations of the sewer lines, cleanouts, trenches for sewer and water, sewer/wat.er, crossovers, thrust blocks on the water lines, and water 1-ine installation including blow -off valve and pipe specifications. (:! Please advise us as to when the single family residence on Lot #1 and the duplex on Lot #2 were constructed. (41 The plans need to show the location of the sewer and water lines to the duple. on Lot #2. 151 The plans need to show all boundary line dimensions. I do not find the dimension for the rear line of Lot #1. (61 The 4 inch sewer line for condominium building #2 crosses Lot #2. We need a legal easement to be included in the deed for Lot {F2 allowing the owners of the condominium building the right to enter, upon Lot :F;2 for the purpose of maintaining, repairing or replacing the 1 inch sewer line. (7) The plans prepared by Pinhham Engineering Associates, Inc. indicate two different scales. Please amend. Ernestine DeGraff Mav 9, 1990 page 2 Upon receipt of the above items, we shall continue our review. Should there be any further questions, please do not hesitate to contact me. Please submit, two copies of any revised plans. Please note that no construction is granted until written approval is issued by the Division and all other authorities. Please address resubmitted information to the appropriate engineer. Sincerely, I Qti,"e- (�-Ze, z�2z z V-=— Ernest P. Christianson Regional Engineer CC: City of South Burlington Patchen Place Associates (P.O. Bo:. 154, Charlotte, VT 05445) Pinkham Engineering Associates, lnc. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 15, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester. Road, #9 Essex Junction, Vermont 05452 Re: 3-Lot Subdivision and S unit P.R.D., Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed are the March 20, 1990 Planning Commission meeting minutes. Please call if you have any questions. C. erely, Joe Weith, City Planner 1 Encl cc: Clem Baker JW/mcp PLANNING COMMISSION 20 March 1990 page 2 Ms. Peacock moved the Planninq Commission approve the final plat application of Scott Haselton for subdivision of 1.3 acres of land into 3 lots of approximately 24,900 sq. ft., 18 d 400 sq ft an 13,900 sq. it. as depicted on a plan entitled "Scott Haselton,M Plan of Land on Imperial Drive," prepared by Fred C. Koerner and dated 12/89, with the followin stipulations: 1. The existing rear structure on lot 1OR shall not be used for residential purposes. This structure is limited to nonresidential accessory uses such as store a or work shop.~�++�y�y 2_ This approval is contingent upon the transfer and merger of lot 8A to the property to the north which is owned by George and Cecile Handy. Lot 8A shall not exist as a -separate lot. 3. The final plat shall be recorded with the City Clerk within 90 days or this approval is null and void Mr. Craig seconded Motion Passed unanimously. 4. Continue Preliminary Plat application of ,Design Development, Inc, for subdivision of 2.91 acres into 3 lots of 2.35 033 and 0.23 acres and construction of an 8 unit planned residential development on the 2.35 acre parcel, 361 Patchen Road Mr. Burr, representing Munson Earth Moving and Tygate, said they have a problem with drainage from the parking lot going onto their property. They want the drainage to flow onto the sides. A swale or intercept drainage system would be OK. Mr. Burroghs said they have no problem with this and drainage actually does go to the sides. Mr. Burroughs questioned the $6300 sidewalk allocation and said only 260 ft. of the footage is theirs and the signle family lot is not on their property. Mr. Burgess said that lot is definitely part of this application as the applicant is subdividing that piece of property. Mrs. Maher felt that in view of what the Commission was waiving for the applicant, she didn't feel the sidewalk fee was asking too much. The applicant asked if they can put in the sidewalk. Mr. Weith said they would have to discuss this with the City Engineer or Mr. Audette because there will be plans for all of Patchen Rd. to be sidewalked. Mrs. Maher said she didn't see how they couldn't allow the applicant to build the sidewalk as long as Mr. Audette stipulates where it is to be. The majority of the Commission agreed. Ms. Peacock moved the Planninq Commission approve the reliminary at application of Desiqn Development. Inc; for subdivision of 2.9 acres into 3 parcels of 2 35, 0.33 �and 0.22 acres and construction of an 8 unit planned single residen-tla3:l development on the 2.35 acre parcel as depicted on a 2 page set of plans entitled, "Property Survey, #355-#357 Patchen Rd South Burlinqton, Vermont prepared by Pinkham En sneering Associates, Inc, and dated 12/14/ 89s with the foll wing sti ulations: PLANNING COMMISSION 20 March 1990 page 3 _1. The applicant shall post a $7,100, 3-year landscaping bond prior to permit. The landscape plan shall be revised prior to inal plat to show the number of_proposed plant caliper maple and a dense stand of pine along the rear property line of the duplex lot. 2. A _sewer allocation of 2400 g d is granted. The applicant shall pay the $2.50 per gallon_fee prior_to permit. 3. The applicant shall either contribute $6,300 to the City's sidewalk fund or construct a sidewalk on Patchen Road in accordance with all city specifications, such decision to be made at final plat. _4.The plan shall be revised prior to final plat to show the following: a. The _4_parking spaces for the duplex moved back 15 ft. away from Patchen Rd. b__Proposed lighting plan indicating the location and types of lighting. All lighting shall be downcast luminare. c. Lot sizes an ire hydrant of numbers. n a_location to be approved by the Fire Chief e. A_n_8 inch sewer from existin manhole to new manhole instead of a 6 inch f. A clean out for the 4 inch 'sewer service about midpoint in the lawn area. 5. A recreation fee of $200 per unit shall be paid prior to permit 6. The Planning_Commission waives the 50 foot P.U.D. setback. It is the Commission's opinion that due to the to ogra by of the property the placement of buildings and pavement within the 50 foot P.U.D. setback is unavoidable. The proposed uses are compat- ible with the surrounding uses and will create no adverse impacts to surrounding properties. 7. This approval is conditioned upon an acceptable provision to assure that the initial sale of any unit constitutes as a sale of affordable housing. The details of the provision shall be resolved prior to final plat. 8. The Final Plat shall show a pedestrian easement along the western portion of the property. The western property line shall be adequately staked prior to Final Plat to aid in determining an appropriate location for the pedestrian easement. 9. Legal documents for the pedestrian easement shall be submitted PLANNING COMMISSION 20 March 1990 page 4 to the City Attorney for approval and shall be recorded prior to permit. 10. A swale shall be constructed so as to prevent storm water runoff from draining onto the ad'oinin Ty ate and Munson property 11. The Final Plat application shall be submitted within 12 months or this approval is null and void. Mrs. Maher seconded. Motion passed unanimously. 5. Continue Site Plan application of Paul Morwood for conversion of a 1220 sq. ft. building (including garage_ )_for office use, 333 Dorset Street Mr. Morwood said 2 curb cuts will be eliminated. The Budget Mobil Home curb cut will be adapted to serve them and this project. They have specified that gravel will be removed and the area will be reseeded. A wooden fence will be removed to allow driveway sharing. There will be a cedar hedge along the rear property line. Owners of the rear property said they didn't want a cedar hedge and would prefer to have a fence. A stockade fence was agreed upon. Ms. Peacock moved the Planninq Commission approve the Site Plan application of Paul MOrwood for conversion of a 1,220 sq, ft. building (including garage) to office use as depicted on a plan entitled "Site Plan for Professional Office of Paul Morwood, 333 Dorset Street, South Burlington, Vermont," prepared by Palco Ltd and dated 2/2/90 last revised 3/19/90 with the following stipu- lations• 1. The plan shall be revised prior to _permit to show a 6 foot high stockade fence along the rear property line. _2. The applicant has expressed that he fully understands that as long as the building is used for commercial purposes, the existing structure will be non -conforming since it is only 56 feet from the residential district to the west (section 19.104(c) of the South Burlington Zoning Regulations). Therefore, as long as commercial uses exist within the structure, the structure and property will be subject to the provisions for non -conforming structures set forth in the Zoning Regulations. 3. The proposed storm drain pipe shall be plastic. It shall be laid to grade and tied in to the City system when the Dorset Street project is constructed. JOSEPH C. McNE1L (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE* WILLIAM F. ELLIS LINDA R. LEROY SUSAN H. COMPTON• SUSAN GILFILLAN (*AI,O ADMITTED IN N.Y Jonathan B. Lash, Esq. Law Office 410 Shelburne Road P.O. Box 4483 Burlington, VT 05406 MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX W2) 863-1743 June 14, 1990 Re: Patchen Road Housing Proiect Dear Jonathan: OF COUNSEL ARTHUR W. CERNOSIA I have enclosed a revised Affordable Housing Agreement for the Patchen Road project. Please review this and let me know your comments as soon as possible. Very truly yours, Steven F. Stit 1 SFS/arc Enclosure SON076.COR cc: Joe Weith DRAFT #3, June 1, 1990 AFFORDABLE HOUSING AGREEMENT THIS AGREEMENT made this day of May, 1990, by and between the City of South Burlington, a Vermont Municipality located in Chittenden County, acting by and through its Planning Commission (hereinafter referred to as "City"), and a Vermont Corporation with its principal place of business in Vermont (hereinafter referred to as "Applicant"). WHEREAS Applicant has requested approval from the South Burlington Planning Commission for the creation of 8 dwelling units, as shown and depicted on a plan entitled, "Patchen Place Associates, Property Survey, #355-357 Patchen Road, South Burlington, Vermont, dated and prepared by Pinkham Engineering Associates, Inc.,and WHEREAS, Applicant has asked that the Planning Commission approve the maximum number of dwelling units allowable on the subject property; and WHEREAS, to induce the Planning Commission to grant approval for such number of units, Applicant has offered to make the dwelling units available as "affordable housing"; and WHEREAS, the Planning Commission is willing to grant the requested approval provided the subject dwelling units are made available as "affordable housing"; 1 I NOW THEREFORE, in consideration of the mutual premises set forth above, other good and valuable consideration, and as expressly represented by the applicant that the Vermont Housing Finance Agency will guarantee a maximum of 4 units for home to assistance, the parties hereto covenant and agree as follows: 1. At the time of the initial sale or lease of any unit by Applicant, Applicant shall designate such unit as a VHFA Eligible Unit or a non-VHFA Eligible Unit by providing written notification of such designation to the South Burlington City Planner and by including notice of such designation in any document of conveyance or lease. Applicant shall designate at least four (4) units as VHFA Eligible Units. 2(a). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit designated as a VHFA Eligible Unit, the unit shall only be used and occupied as a primary residence for an individual or individuals who, at the time they begin occupancy, are eligible for home loan assistance from the Vermont Housing Finance Agency. 2(b). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit designated as a non-VHFA Eligible Unit, the unit shall only be used and occupied as a primary residence for an individual or individuals who at the time they begin 2 occupancy have income which does not exceed the income requirements for home loan assistance from the Vermont Housing Finance Agency by more than twenty per cent. 3. Any period during which a unit is occupied or used in violation of the conditions set forth in paragraph 2 above, shall not be counted toward satisfaction of the three (3) year period set forth in paragraph 2. 4. An enforcement action for violation of the conditions in paragraph No. 2 above shall be brought against the owner of the unit at the time of the violation, as well as any occupant of the unit if different than the owner. 5. If the City commences an enforcement proceeding for a violation of the conditions herein set forth, in addition to any other relief which it may obtain in such proceeding, it shall be entitled to recover its reasonable attorney's fees if the court determines that there has been a violation. 6. This affordable housing agreement shall be incorporated by reference in any conveyance or lease of any unit executed prior to expiration of the three (3) year term set forth in paragraph 2 above. 7. The terms of this Agreement shall be binding upon the Applicant, and the Applicant's successors and assigns. Dated at South Burlington, Vermont, this day of May, 199o. 3 _r r IN THE PRESENCE OF: Witness BY: Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. CITY OF SOUTH BURLINGTON At South Burlington, Vermont, this day of June, 1990, , duly authorized agent of the City of South Burlington, personally appeared and acknowledged this instrument by him/her signed and sealed to be his/her free act and deed, and the free act and deed of the City of South Burlington. Before me, Notary Public Commission Expires: 2/10/91 Witness BY: Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. APPLICANT At South Burlington, Vermont, this day of June, 1990, , duly authorized agent of the City of South Burlington, personally appeared and acknowledged this instrument by him/her signed and sealed to be his/her free act and deed, and the free act and deed of Applicant. SONOIIA.AGR Before me, Notary Public Commission Expires: 2/10/91 4 DRAFT #2, MAY 8, 1990 AFFORDABLE HOUSING AGREEMENT THIS AGREEMENT made this day of May, 1990, by and between the City of South Burlington, a Vermont Municipality located in Chittenden County, acting by and through its Planning Commission (hereinafter referred to as "City"), and , a Vermont Corporation with its principal place of business in Vermont (hereinafter referred to as "Applicant"). WHEREAS Applicant has requested approval from the South Burlington Planning Commission for the creation of 8 dwelling units, as shown and depicted on a plan entitled, "Patchen Place Associates, Property Survey, #355 - 357 Patchen Road, South Burlington, Vermont, dated and prepared by Pinkham Engineering Associates, Inc., WHEREAS, Applicant has asked that the Planning Commission approve the maximum number of dwelling units allowable on the subject property; and WHEREAS, to induce the Planning Commission to grant approval for such number of units, Applicant has offered to make the dwelling units available as "affordable housing"; and WHEREAS, the Planning Commission is willing to grant the requested approval provided the subject dwelling units are made available as "affordable housing"; 1 NOW THEREFORE in consideration of the mutual premises set forth above, other good and valuable consideration, and as ex- pressly represented by the applicant that the Vermont Housing Finance Agency will guarantee a maximum of 4 units for home load assistance, the parties hereto covenant and agree as follows: 1(a). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit author- ized by the Planning Commission's approval of the above -described project, no less than four (4) of the eight (8) units approved by the Commission may be used and occupied as a primary resid- ence for an individual or individuals who, at the time they begin occupancy, are eligible for home loan assistance from the Vermont Housing Finance Agency. 1(b). For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit author- ized by the Planning Commission's approval of the above described project, no more than four (4) of the eight (8) units approved by the Commission may be used and occupied as a primary residence for an individual or individual who at the time they being occu- pancy meet income requirements not to exceed twenty (20) percent greater than the income requirements for home loan assistance from the Vermont Housing Finance Agency. 2. Any period during which a unit is occupied or used in violation of the conditions set forth in paragraph 1 above, shall not be counted toward satisfaction of the three (3) year period set forth in paragraph 1. I 3. An enforcement action for violation of the conditions in paragraph No. 1 above shall be brought against the owner of the unit at the time of the violation, as well as any occupant of the unit if different than the owner. 4. If the City commences an enforcement proceeding for a violation of the conditions herein set forth, in addition to any other relief which it may obtain in such proceeding, it shall be entitled to recover its reasonable attorney's fees if the court determines that there has been a violation. 5. This affordable housing agreement shall be incorporated by reference in any conveyance or lease of any unit executed prior to expiration of the three (3) year term set forth in para- graph 1 above. 6. The terms of this Agreement shall be binding upon the Applicant, and the Applicant's successors and assigns. Dated at South Burlington, Vermont, this day of May, 1990. CITY OF SOUTH BURLINGTON BY: Dated at Vermont, this day of May, 1990. APPLICANT BY: 3 E State of Vermont Water Supply & Wastewater Permit LAWS/REGULATIONS INVOLVED Environmental Protection Rules CASE NO. WW-4-0257 Chapter 4, Public Buildings APPLICANT Ernestine DeGraff ADDRESS 361 Patchen Road South Burlington, VT 05403 This project, consisting of constructing 8 two bedroom condominium units in two buildings on Lot #3 referenced in Subdivision Permit EC-4-1479 located off Patchen Road in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans Project Number 6568 Sheet 1 of 2 "Site Plan" dated 3/29/90 last revised 5/24/90 and Sheet 2 of 2 "Details" dated 5/23/90 prepared by Pinkham Engineering Associates, Inc. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (4) In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. (5) By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. (6) The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their Department. (They may be reached at 60 Main Street, Burlington, Vermont, or by phoning 804-863-7220). (7) The Protection Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. (8) All conditions set forth in Subdivision Permit #EC-4-1479 dated June 5, 1990 shall remain in effect except as modified or amended herein. WATER SUPPLY (9) The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. Water Supply & Wastewater Disposal Permit �WW-4-0257 page 2 (10) The installation of the water line extension shall be inspected by a professional engineer registered in the State of Vermont who shall report in writing, prior to occupancy, that the work has been completed in accordance with the approved plans. The engineer's report shall include, but not be limited to, the numerical results of all leakage tests performed on the water line and review of the pipe in trench before covering, and the disinfection of all water pipes. SEWAGE DISPOSAL (11) The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 2400 gallons of sewage per day. (12) The municipal sewer collection system herein approved shall be routinely and reliably inspected during construction by a Vermont -registered professional engineer who shall, upon completion and prior to occupancy of the subject establishment, report in writing to the Division of Protection that the installation was accomplished in accordance with the approved plans and permit conditions. (13) The inspecting engineer's written construction report shall include the testing data and conclusions of all infiltration, leakage, and pressure testing performed on the components of the sewer collection system, in accordance with Appendix A of the Environmental Protection Rules. Timothy J. Burke, Commissioner Department of Environmental Conservation By af, /- ✓,---� Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this 5th day of June 1990. cc: Donald Robisky South Burlington City Planning Commission Department of Health Department of Labor and Industry Pinkham Engineering Associates, Inc. Patchen Place Associates State of Vermont Subdivision Permit LAWS/REGULATIONS INVOLVED Environmental Protection Rules CASE NO. EC-4-1479 Chapter 3, Subdivisions APPLICANT Ernestine DeGraff ADDRESS 361 Patchen Road South Burlington, VT 05403 This project, consisting of creating a three lot subdivision identified as Lot #1, being 0.33 acres with an existing single family residence; Lot #2 being 0.23 acres with an existing family residence; Lot #2 being 0.23 acres with an existing duplex and kot #3 being 2.25 acres proposed for 8 condominium units approved in permit WW-4-0257 located off Patchen Road in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL 11) This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans Project Number 6568 Sheet 1 of 2 "Site Plan" dated 3/29/90 last revised 5/24/90 and Sheet 2 of 2 "Details" dated 5/23/90 prepared by Pinkham Engineering Associates, Inc. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. (4) This project has been reviewed and is approved for the existing single family residence on Lot No. 1. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Division of Protection, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. (5) This project has been reviewed and is approved with an existing duplex on Lot #2. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. (6) No alterations to the existing building on Lot #2 other than those indicated on the approved plan, which would change or affect the interior waste plumbing, water supply, or wastewater disposal shall be allowed without prior review and approval from the Agency of Environmental Conservation. (7) The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Subdivision Permit EC-4-1479 page 2 (8) In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. (9) All conditions set forth in Water Supply & Wastewater Disposal Permit #WW-4-0257 dated June 5, 1990 shall remain in effect except as modified or amended herein. WATER SUPPLY (10) The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. (11) The installation of the water line extension shall be inspected by a professional engineer registered in the State of Vermont who shall report in writing, prior to occupancy, that the work has been completed in accordance with the approved plans. The engineer's report shall include, but not be limited to, the numerical results of all leakage tests performed on the water line and review of the pipe in trench before covering, and the disinfection of all water pipes. SEWAGE DISPOSAL (12) Each lot is approved for wastewater disposal by connection to the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Division of Protection, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Timothy J. Burke, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this 5th day of June 1990. cc: Donald Robisky South Burlington City Planning Commission Department of Health Pinkham Engineering Associates, Inc. Patchen Place Associates uui IN FSY 5 Burlington Square, P.O. Box 789, Burlington, Vermont 05402-0789 (802) 658-6000 A Federal Swings Bards July 13, 1990 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Weith: I am writing as a follow up to our conversation of July 11, regarding the conditions of approval placed on the 3 lot subdivision on Patchen Road, approved May 8, of this year. Based on our conversation, it is my understanding that item #16 of the "Affordable Housing Agreement" only pertains to the income levels of purchasers of these units at the time of their initial purchase, and on any resales of these units for the next three years. No restrictions are imposed on the future income levels of the homeowners once they have purchased their unit. The effort of the planning commission to insure long term affordable housing is commendable. We share the intense concern in providing affordable housing in Vermont. The manner in which this was attempted in the Patchen Road Project, however, poses some concerns to us as a lender. The restriction on the income levels of future buyers for the next three years will be difficult for the city to monitor. This could present a significant obstacle for lenders when reselling the property if the Bank acquires it through a foreclosure action. It would be Wke Bank's desire to liquidate the property as quickly as possible in hopes of selling the property for what was owned plus expenses. We would give priority to low to moderate income buyers. This restriction, however, may delay our sales of the property, increasing cost and the potential for a loss. In as much as we would not anticipate any of the unit owners of the Patchen Road property to either sell or go into foreclosure within the next three years, we will not rescind our approval to provide construction financing to Mr. Burroughs. This type of condition might however become an obstacle on other projects we consider in the future. We wish that we could offer a more creative solution for insuring the continued affordability of the project but feel that the best option is to make restrictions on the price, income, and occupancy on the first unit sales. Placing restrictions on future sales will be difficult and may be beyond the scope of the planning commissions authority. A legal opinion on this may be in order. 4 Mr. Joe Weith, City Planner page 2 Please let me know if my understanding of the Affordable Housing Agreement condition is incorrect. My comments otherwise are offered to present a lender perspective and hopefully are of some help to the planning commission. Thank you for your time and attention. Ver truly yours, L�iv avi S. Adams Vice President DSA/sab cc: Clement Baker City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 5, 1990 Mr. John Burroughs Design Development, Inc. 1-64 Colchester Road #9 Essex Junction, Vermont 05452 Re: 3-Lot Subdivision and 8 unit PRD, Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed are the 5/8/90 Planning Commission meeting minutes. Please meet the stipulations contained in the approval motion before applying for a building permit. Please call if you have any questions. S erely, oe Weith, City Planner 1 Encl cc: Clem Baker JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 18, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road #9 Essex Junction, Vermont 05452 Re: 3-lot Subdivision and 8 unit PRD, Patchen Road n Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed are the 5/1/90 Planning Commission meeting minutes. Please call if you have any questions. S' erely, Joe Weith, City Planner 1 Encl cc: Mr. Clem Baker JW/mcp PLANNING COMMISSION 13 NOvember 1990 p. 6 6-_Sketch_ lan_a lication_of_James_Irish-for_resubdiuision-of_a 39_acre- arcel_to_create-a_4th_lot-.of_1_acre_in_size -Allen-Rd- Mrs. Maher noted that Frank Irish owns the land. Ms. Lane said that .Tames Irish wants to get an acre of land in his name. He doesn't intend to build until a later date. He ,under- stands that when he builds, the road will have to be to city standards. Mr. Craig noted that once a subdivision is approved, the applicant doesn't have to come back. Mrs. Maher said she would agree to the subdivision if there is a stipulation that the road be upgraded before issuance of a building permit. Mr. Austin noted that the corner lot shouldn't show as a separate lot. Mr. Craig said he would like to know how the follow-up will be done. Zr-Consider_re uest_from_ esign -Develomeat _Inc _to_amend_the Affor dable_Housin -Agreement -which -was -a -condi t ion -of -aroual_for a_3=lot_subdivision_and_construction_of_an_8_unit_ lanned_residen= tial_deuelo ment_located_at_3E1_Ratchen_Rd- Mr. Burrows said they have no problem with 4 VHFA units. The others are a problem. They have had buyers who don't qualify with the restrictions placed. He said they have tried to honor the original intent, but they need to sell to what is out in the market. Mrs. Maher asked how they would guarantee the other 4 units are owner -occupied. Mr. Austin said it could be iii the deeds. Mr. Sheahan asked if the development would have been approve without the restrictions. Mr. Burgess said probably not with this number of units. Mr —Austin -moved -the _Rlannin-Commission_a roue -there uest_of. Des i n_Deuelo meat -Inc_,._to_amend_the-Affordable_Housin _a reement which _was_conditioned_u on_the_a roual_for-a_three_ k 31-lot _sub= diuision_and-contruction_of_an_ei ht_k8�_unit_ lanned_residential deuelo went-located_on_Ratchen_Rd..__This_a roual-is_coaditioned upon_the-following_stipulations:. 1,._At-least_four_(4�_of_the_units_shall,_be-occu ied_b _families whose_incomes-meet-the_re uirements_of-the_Vermont,Housin _Finance Agency -for _,aL- least -three _ ears_from_the_initial_sale_of_the_units PLANNING COMMISSION 13 November 1990 page 7 2,,The_remaining 7�qu;_441__units_shall_be_owner_occupied- 3.._A_revised_a reement_addressin _the_conditions_above_shall_be submitted_to_the_Cit _Attorne _for_a roual,__This_revised_a ree= ment_shall_be_a roued_b _the,Cit _Attorne _an•d_recorded_in_the South-Burlin ton_land_recnrds-rior_to_the_sale_of _an _of_the_four . i--remaining units. Mrs,._maher_secondedt__Motion_ assed_unanimousl As there was no further business to come before the Commission, the meeting adjourned at 10:30 pm. Clerk^ 5/8/90 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Final Plat application of Design Development, Inc. for subdivision of 2.9 acres into 3 parcels of 2.35, 0.33 and 0.22 acres and con- struction of an 8 unit planned residential development on the 2.35 acre parcel as depicted on a 2 page set of plans entitled, "Patchen Place Associates; Property Survey, #355 - 357 Patchen Road, South Burlington, Vermont," prepared by Pinkham Engineering Associates, Inc. and dated 12/14/89, last revised 3/29/90, with the following stipulations: 1. The applicant shall post a $7,100, 3-year landscaping bond prior to permit. The landscape plan shall be revised prior to final plat to show the 4" sewer line over the back of the duplex lot. All plantings shall be at least 10 feet away from this line. 2. The deed for the duplex lot shall include a provision which prohibits the removal of the pine screen unless approved by the Planning Commission. Wording to such effect shall be recorded within 90 days. The proposed wording shall be submitted to the City Attorney for approval prior to recording. 3. A sewer allocation of 2,400 gpd is granted. The applicant shall pay the $2.50 per gallon fee prior to permit. 4. The plan shall be revised prior to recording to show a 5 foot wide sidewalk along Patchen Road which is continuous across all driveways. A bond in an amount to be determined by the City Engineer shall be posted prior to permit to cover the cost of installing the sidewalk. 5. A recreation fee of $200 per unit shall be paid prior to permit. 6. The Planning Commission waives the 50 foot P.U.D. setback. It is the Commission's opinion that due to the topography of the property the placement of buildings and pavement within the 50 feet P U D setback is unavoidable The r d .p opose uses are N compatible with the surrounding uses will create no adverse impacts to surrounding properties. 7. The attached "Affordable Housing Agreement" shall be recorded in the South Burlington land records prior to the issuance of a building permit. 8. Legal documents for the pedestrian easement shall be submit- ted to the City Attorney for approval and shall be recorded prior to permit. d� 9. Specifications for site lighting shall be submitted to the City Planner for approval prior to permit. 10. The final plat shall be recorded in the City Clerk's office within 90 days or this approval is null and void. yPLANNING COMMISSION 20 March 1990 page 2 Ms. Peacock moved the Planninq Commission approve the final plat application of Scott Haselton for subdivision of 1.3 acres of land into 3 lots of approximately 24,900 s ft., 18,400 sg ft, and 13,900 sq. ft. as depicted on a Man entitled "Scott Hase to - - .,...va.�. uaact�yll, Plan of Land on Imperial Drive," prepared VbyMFred C. Koerner and dated 12/89, with the following_stipulations; 1. The existing rear structure on lot 1OR shall not be used for residential purposes. This structure is limited to nonresidential accessory uses such as storage or work shop 2. This approval is contingent upon the transfer and merger of lot 8A to the property to the north which is owned by Geor e and Cecile Handy. Lot 8A shall not exist as a separate lot. 3. The final plat shall be recorded with the City Clerk within 90 days or this approval is null and void Mr. Crai seconded Motion Passed unanimously, 4. Continue Preliminary Plat application of Design Development,, Inc, for subdivision of 2.91 acres into 3 lots of 2.35, 0.33, and 0.23 acres and construction of an 8 unit planned residential development on the 2 35 acre parcel, 361 Patchen Road Mr. Burr, representing Munson Earth Moving and Tygate, said they have a problem with drainage from the parking lot going onto their property. They want the drainage to flow onto the sides. A swale or intercept drainage system would be OK. Mr. Burroghs said they have no problem with this and drainage actually does go to the sides. Mr. Burroughs questioned the $6300 sidewalk allocation and said only 260 ft. of the footage is theirs and the signle family lot is not on their property. Mr. Burgess said that lot is definitely part of this application as the applicant is subdividing that piece of property. Mrs. Maher felt that in view of what the Commission was waiving for the applicant, she didn't feel the sidewalk fee was asking too much. The applicant asked if they can put in the sidewalk. Mr. Weith said they would have to discuss this with the City Engineer or Mr. Audette because there will be plans for all of Patchen Rd. to be sidewalked. Mrs. Maher said she didn't see how they couldn't allow the applicant to build the sidewalk as long as Mr. Audette stipulates where it is to be. The majority of the Commission agreed. Ms. Peacock moved the Planninq Commission approve thepreliminary plat application of Design Development, Inc, for subdivision of 2.9 acres into 3 parcels of 2 35, 0.33 and 0.22 acres and construction of an 8 unit planned single residential) development on the 2.35 acre parcel as depicted on a 2 page set of plans entitled "Property survey, #355-#357 Patchen Rd, South Burlington, Vermont prepared by Pinkham Engineering g Associates, Inc, and dated 12/14/ 89, with the followin sti ulations• I. ► PLANNING COMMISSION 20 March 1990 page 3 1. The applicant shall post a $7,100, 3-year landscaping bond prior to permit. The landscape plan shall be revised prior to final plat to show the number of propose antings caliper maple and a dense stand of pine along the rear property line of the duplex lot. 2. A sewer allocation of 2400 gpd is granted The applicant shall pay the $2.50 per gallon fee prior to permit. 3. The applicant shall either contribute $6,300 to the City's sidewalk fund or construct a sidewalk on Patchen Road in accordance with all city specifications, such decision to be made at final plat. 4. The plan shall be revised prior to final plat to show the following: a. The 4 parking_spaces for the duplex moved back 15 ft. awa from Patchen Rd. b._Proposed lighting plan indicating the location and types of lighting. All lighting shall be downcast luminare c. Lot sizes and lot numbers. d. A fire hydrant in a location to be approved by the Fire Chief e. An 8 inch sewer from existing manhole to new manhole instead of a 6 inch f. A clean out for the 4 inch sewer service about midpoint in the lawn area. 5. A recreation fee of $200 per unit shall be paid prior to permit 6. The Planning_Commission waives the 50 foot P.U.D. setback. It is the_ Commission's opinion that due to the topography of the property the placement of buildings and pavement within the 50 foot P.U.D. setback is unavoidable. The proposed uses are compat- ible with the surrounding uses and will create no adverse impacts to surrounding properties. 7. This approval is conditioned upon an acceptable provision to assure that the initial sale of any unit constitutes as a sale of affordable housing. The details of the provision shall be resolved prior to final plat. 8. The Final Plat shall show a pedestrian easementalong the western portion of the property. The western property line shall be adequately staked prior to Final Plat to aid in determining an appropriate location for the pedestrian easement. 9. Legal documents for the pedestrian easement shall be submitted PLANNING COMMISSION 1 MAY 1990 page 2 Mr. Palmer noted the original plan showed 6400 sq. ft. and thus encroached on the floodplain. The building has been moved and reduced in size to 5700 sq. ft. The leech field has been moved to the front of the building. There will be a 30-foot entrance drive with the loading dock in the rear. Mr. Goldberg's business is janitorial supplies. All storage of supplies will be in the building. Mrs. Maher questioned the placement of the mugho pines. Mr. Palmer said they will be on the south side around the leech field. Ms. Peacock moved the Planning Commission approve the Site Plan application of Jeff and Betty Goldberg for construction of an ap- proximately 5,700 sq, ft. (or less) office/warehouse building as depicted on a plan entitled "J-Care Supplies, Inc, Lot 3 - Ethan Allen Farm." prepared by Palco Ltd, dated 4/20/90 with the fol- lowing stipulations: 1._The applicant shall post a $3,600 3-year landscaping bond prior to permit. 2. A sewer allocation of 120 gpd is granted. The applicant shall pay the $2. 50 per gallon fee prior to permit. 3. The site shall be graded so as to drain toward the stream. 4. The builcng permit shall be obtained within 6 months or this approval is null and void. Mrs. Maher seconded. Motion passed unanimously. 3. PUBLIC HEARING: Final Plat application of Design Development, Inc, for subdivision of 2.9 acres into 3 lots of 2.35, 0.33 and 0.22 acres and construction of an 8 unit planned residential de- velopment on the 2.35 acre parcel, Patchen Rd. Mr. Burroughs advised that one of the lots will have the DeGraff house on it, one will have the duplex, one will have the proposed development. They have changed the plan to show the pedestrian path easement, an 8 inch sewer line with a cleanout midway in the line, the location of the fire hydrant, and the duplex parking lot moved back 15 ft. There will be a 5 ft. sidewalk. Specifications for lighting will be provided. Mr. Burgess raised the question of affordability of the units. Mr. Weith noted the City Attorney has not yet provided wording. He suggested wording to indicate that documents to insure afford- ability must be submitted to the City Attorney for approval. The PLANNING COMMISSION 1 MAY 1990 page 3 State definition of affordability will be used. This is also HUD's and GBIC's definition. Members wanted the wording on affordability to come to the Planning Commission for approval. Mr. Weith noted the increase in tree caliper. Trees to screen the units from Patchen Rd. will be covenanted so they can't be removed without Planning Commission approval. They will be 10 ft. from the sewer line. Mr. Burr, representing S. Burlington Realty, asked about drainage in the rear. Mr. Burroughs said they have put in a swale. Mr. Burr was satisfied with this. Regarding affordability, both Ms. Peacock and Mrs. Maher wanted tc insure that houses are not sold to someone who will use them for investment purposes. Mrs. Maher noted the Commission has made concessions on the basis of affordability. She wanted to be sure the homes are owner -occupied. Mr. Burroughs noted this would limit their market for sales. He said they hadn't considered who a unit was sold to as part of the affordability questions. Mr. Burgess stressed that the Commission wants to satisfy the market of people who want to buy a house to live in and can't afford to do this at the regular market price. Mr. Burroughs said they have been to VHFA and feel they can sell half the units to VHFA qual- ified buyers. That is all VHFA will agree to finance at the 8% rate. Mr. Burgess asked if they would be willing to come back to the Commission if the can't sell the units to a first time buyer. Mr. Weith suggested postponing action for a week to get wording from the City Attorney. Ms. Peacock moved to continue the Public Hearing until 8 May. Mrs. Maher seconded. Motion passed unanimously. 4. PUBLIC HEARING: Preliminary Plat application of Alan Palmer for construction of a 10 unit planned residential development on a 4.9 acre parcel, Dorset Street Mr. Palmer identified the parcel as the last one from the Myers farm. They propose to construct a city standard road down the center of the property to tie into Indian Creek Rd. They will build 9 homes; the loth is existing. Mr. Palmer noted a drainage problem between the Synagogue and the Mormon Church. This was created by the Church. This project will correct this problem with a retention pond. The CWD pipe is on the west side of Dorset St. There will be a 6 inch water main. Two hydrants will be provided. At, ��d- 91 el PPWIAM ENGINEERING ASSOCIATES, INC. CONsult«rg 91f9iNeers May 25, 1990 Mr. Ernest P. Christianson, Regional Engineer Agency of Natural Resources Department of Environmental Conservation 111 West Street Essex Junction, Vt. 05452 Re: Cases EC-4-1479 and WW-4-0257 Dear Ernie: This letter is in response to your letter of May 9, 1990 regarding the referenced to Ernestine DeGraff and follows the same general outline. Enclosed please find two sets of plans supplemented to include the information requested with commentary as follows: (1) The water and sewer lines have been relocated slightly to move the 2 inch water to be 10 feet or more from a sanitary manhole and a sewer line. (2) A detail sheet 2 of 2 has been prepared and is included as part of the package of plans. The detail sheet addresses the items of water and sewer requested in your letter but also other items, i.e., sidewalk, etc. (3) The single family house on Lot ;#1 was constructed in 1956 and the duplex on Lot ##2 in 1925. (4) The plans have been supplemented to include the approximate location of the water and sewer services serving the duplex. (5) The plans have been supplemented to show all boundary dimensions. (6) We have shown an easement on the plans for the sewer line crossing Lot ##2 and have prepared a survey description for the developer's attorney's use in preparing an easement. The easement will be furnished under separate cover. The Maltex Building 431 Pine St., Burlington, VT 05401-4742 Phone (802) 658-5588 Mr. Ernest Christianson, Regional Engineer May 23, 1990 Page two (7) The plans have been changed to show just one scale. Please proceed to continue review of the referenced plans and application just as soon as possible. Thanks for this cooperation and call if there are any questions. Sincerely, Douglas F. Hewitt, Engineering Technician cc: City of South Burlington Patchen Place Associates Ernestine DeGraff 6568ec52390 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 4, 1990 Mr. John Burroughs Design development, Inc. 164 Colchester Road #9 Essex Junction, Vermont 05452 Re: -ijWe,n Place Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting. Also, enclosed is a draft affordable housing agreement which was written by the City Attorney, Steven Stitzel. Please be sure someone is present on Tuesday, May 8, 1990 at 7:30 P.M. to represent your request. c rely, Joe Weith, City Planner Encls JW/mcp PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hear- ing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, May 1, 1990 at 7:30 P.M. to consider the following: 1) Final Plat application of Design Development, Inc. for subdi- vision of 2.9 acres into 3 lots of 2.35, 0.33, 0.22 acres and construction of an 8 unit planned residential development on the 2.35 acre parcel. The property is located on Patchen Road and is bounded on the east by B. Alger and the Society of H. Abram, on the south by R. Munson, on the west by Tygate Properties, and on the north by Patchen Road. 2) Preliminary Plat application of Alan Palmer for construction of a 10 unit planned residential development on a 4.9 acre parcel located at 1001 Dorset Street. The parcel is bounded on the north by Indian creek Condominiums and W. Robenstein, on the west. by Ridgewood Estates, on the south by Temple Sinai, Inc., and on the east by Dorset Street. Copies of the applications are available at the South Burlington City Hall. William Burgess, Chairman, South Burlington Planning Commission April 14, 1990 CJ� % a Al O i e 7 d, � � U n r /4- - C _ -- -- - -- YJ 7� f � / r I PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 May 11, 1990 Steven Stitzel 271 South Union Street Burlington, Vermont 05401 Re: Patchen Place - Affordable Housing Agreement Dear Steve: ZONING ADMINISTRATOR 658-7958 Enclosed is an approval motion and revised affordable housing agreement for the above referenced project. The Commission approved the final plat application and a variation of the af- fordable housing agreement you drafted (Draft #2). The intent of the Commission's revision was to require at least 4 units to be occupied by VHFA eligible individuals. The remaining 4 units are limited to individuals with incomes up to 20% higher than VHFA income requirements. The Commission attempted to revise the agreement at the meeting to promote the intent described above. Stipulation 7 of the approval motion requires the City Attorney to review and approve the amended agreement. It was intended to also allow the City Attorney to revise it in order to make it legally acceptable. Please review the revised agreement and make any changes you feel are needed to make clear the intent described above. I feel the Commission's approved wording is somewhat confusing and could be improved. I greatly appreciate your assistance in this endeavor. I feel it is a good start in promoting the construction of affordable housing in South Burlington. Since ely, oe Weith, City Planner 2 Encl JW/map MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE• WILLIAM F. ELLIS LINDA R. LEROY SUSAN H. COMPTON* SUSAN GILFILLAN (*ALSO ADMITTED IN N.Y.) Joseph Weith, Planner South Burlington Offices 575 Dorset Street South Burlington, Vermont 05403 May 8, 1990 OF COUNSEL ARTHUR W.CERNOSIA Re: Affordable Housing Agreement Dear Joe: I am writing to follow up on our discussion today regarding enforcement of the conditions in the attached Affordable Housing Agreement. As in initial point, let me mention that to the best of my knowledge, this is the City's first significant foray into privately constructed and owned affordable housing. Even on a county wide basis, there is very little experience with agreements regarding such private housing. Consequently, this endeavor should be viewed, to some extent, as a experiment. Actual experience will likely demonstrate alternative, and perhaps better, methods for dealing with private, affordable housing. Based on our discussion last week, it is my understanding that the Planning Commission's primary concern is not the sale price of a particular unit but the income status of the occupants of the unit. I have drafted the attached agreement to focus on this approach. By tying occupants of the units to income eligibility for Vermont Housing Finance Agency financing, we have automatically tied into clearly established guidelines for gross family income that target low to moderate income families. The present guidelines establish a cap on eligibility for gross household income of $32,300 for a two person household and $37,100 per year for a three person household. The question arises how the City will enforce this eligibility requirement. Candidly, I am concerned about Joseph Weith, Planner South Burlington Offices May 8, 1990 Page 2 establishing procedures by which the City must review financial statements for individuals seeking to purchase private affordable housing within the City. The Planning Commission should give some consideration to the ability of the Planning Department to handle the additional administrative burden. In addition, the Planning Commission should be aware that many people may take strong exception to reporting personal, financial information to the City. Having offered these comments, I'believe the provisions of the attached agreement are workable if the City is willing to accept the possibility that there may be some undetected deviations from strict compliance with the agreement. At the present time, all purchasers of housing units within the City are required to file a property transfer tax return at the time they acquire title to property. This return must disclose the full purchase price for the property and its intended use. If a unit is acquired with a VHFA mortgage, clearly the requirements of the agreement have been satisfied. If a unit is acquired as a primary residence for a total purchase price that falls within the affordable housing guidelines, the unit will meet the definition of affordable housing for the County. However, the occupant of the unit may have income in excess of that that would render an individual eligible for VHFA. At the present time the maximum purchase price for a newly constructed residence considered "affordable" is $98,000. The City could target for enforcement those units which are not sold as a primary residence and those which are sold for a price in excess of $98,000. In such cases, the City could make a specific inquiry regarding compliance with the conditions of the affordable housing agreement. Taking this approach, the City would not need to routinely receive income information on all purchasers or renters of the subject property. As one final point, I have been advised by the applicants' attorney that the Vermont Housing Finance Agency will only agree to finance the purchase of a maximum of four units in the subject project. Based upon this, the applicant has requested that condition No. 1 of the affordable housing agreement only apply to 4 units within the project. It is my understanding that the applicant is willing to limit the sale of the remaining 4 units in the project to primary residences for individuals who "closely" comply with the eligibility requirements for VHFA financing. Since the Vermont Housing Finance Agency is not willing to finance all of the units and since there are limited resources available to provide financial assistance to low and moderate income families, this request appears to be based upon Joseph Weith, Planner South Burlington Offices May 8, 1990 Page 3 legitimate considerations. The Planning Commission should decide how it wishes to respond to this request. I hope these comments are helpful in the Planning Commission's consideration of this matter. Very truly yours, Steven F. Stitz SFS/arc Enclosure SON046.COR DRAFT #2 May 8, 1990 AFFORDABLE HOUSING AGREEMENT THIS AGREEMENT made this day of May, 1990, by and between the City of South Burlington, a Vermont Municipality located in Chittenden County, acting by and through its Planning Commission (hereinafter referred to as "City"), and , a Vermont Corporation with its principal place of business in , Vermont (hereinafter referred to as "Applicant"). WHEREAS Applicant has requested approval from the South Burlington Planning Commission for the creation of dwelling units, as shown and depicted on a plan entitled, it ", dated , and prepared by and WHEREAS, Applicant has asked that the Planning Commission approve the maximum number of dwelling units allowable on the subject property; and WHEREAS, to induce the Planning Commission to grant approval for such number of units, Applicant has offered to make the dwelling units available as "affordable housing"; and WHEREAS, the Planning Commission is willing to grant the requested approval provided the subject dwelling units are made available as "affordable housing"; 1 l NOW THEREFORE in consideration of the mutual premises set forth above and other good and valuable consideration, the parties hereto covenant and agree as follows: 1. For a term of three (3) years commencing on the date a certificate of occupancy is issued for a housing unit authorized by the Planning Commission's approval of the above -described project, such unit may only be used and occupied as a primary residence for an individual or individuals who, at the time they begin occupancy, are eligible for home loan assistance from the Vermont Housing Finance Agency. 2. Any period during which a unit is occupied or used in violation of the conditions set forth in paragraph 1 above, shall not be counted toward satisfaction of the three (3) year period set forth in paragraph 1. 3. An enforcement action for violation of the conditions in paragraph No. 1 above shall be brought against the owner of the unit at the time of the violation, as well as any occupant of the unit if different than the owner. 4. If the City commences an enforcement proceeding for a violation of the conditions herein set forth, in addition to any other relief which it may obtain in such proceeding, it shall be entitled to recover its reasonable attorney's fees if the court determines that there has been a violation. 2 5. This affordable housing agreement shall be incorporated by reference in any conveyance or lease of any unit executed prior to expiration of the three (3) year term set forth in paragraph 1 above. 6. The terms of this Agreement shall be binding upon the Applicant, and the Applicant's successors and assigns. Dated at South Burlington, Vermont, this day of May, 1990. Dated at May, 1990. SON011.AGR BY: BY: 3 CITY OF SOUTH BURLINGTON , Vermont, this day of APPLICANT Memorandum - Planning May 1, 1990 agenda items April 27, 1990 Page 2 Design Development, Inc. proposes to subdivide 2.0 acres into three lots of 2.35, 0.33 and 0.22 acres and construct an 8 unit P.R.D. on the 2.35 acre parcel. The preliminary plat application was approved on 3/20/90 (minutes riot yet available). The follow- ing changes were made based on comments received from the Commis- sion at the 3/2.0/90 meeting. Landscaping: The caliper of red maple trees was increased to 2 1/2 inch caliper. A dense white pine screen is shown on the back portion of the duplex lot to screen the new large parking lot. from Patchen Road. These trees should be planted prior to the sale of this lot and a covenant should be added to the duplex lot deed which prohibits the removal of these trees unless approved by the Planning Commission. The landscape plan should be revised to show the sewer line so that it. is clear that the pine screen is to stay 10 feet away. Sidewalk: The plan shows a sidewalk along the Patchen Road frontage which will be constructed by the applicant. The side- walk should be 5 feet wide. Lighting Plan: Location of 2 downcast luminares is shown. The applicant should submit the specifications of the lighting types for approval prior to installation. Other: Duplex parking spaces were moved back. Sewer pipe sizes and clean out were changed as requested. Lot sizes and numbers are shown. Swale is shown along back property line to direct drainage away from Munson property. Pedestrian Easement: A 20 foot wide pedestrian easement is shown along west property line. Affordable Housing: I have not yet received the appropriate wording to assure that these units are sold at. an "affordable" price. I hope to have it from City Attorney, Steve Stizel prior to Tuesday's meeting. PLANNING COMMISSION 13 FEBRUARY 1990 PAGE 4 0. lots or acres and 0.23 acres, and construction of an 8-unit planned residential development on the 2.35 acre oar_c_e_l. Patchen Road Mr. Burroughs said there have been some changes since sketch plan. They want an 8-unit p.r.d. and the duplex on its own lot. Mr. Weith said the applicant has claimed they are doing a 2-lot subdivision but there is reason to believe the DeGraff property has never been subdivided and this would then be a 3-lot sub- division and would thus not be warned properly. He said the City Attorney suggested the hearing could be postponed and notices sent out to surrounding property owners that this is a 3-lot subdivision and then have the hearing at a later date. Members agreed to hear the application and if it is found to be warned incorrectly to have it rewarned for a new public hearing. Ms. Peacock asked if the duplex parking spaces are on the other lot. Mr. Burroughs said they are partly and there would have to be a right of way over the private drive to the parking spaces. Mr. Austin questioned whether right of way space could be counted in lot size. Mr. Weith suggested moving the parking spaces back. Ms. Pugh wanted assurance that by creating 2 lots the Commission was not creating the ability to build more units, since there had been a ceiling of 10 units. Mrs. Maher asked why the City Manager didn't want 3 parking spaces near the traffic island. Mr. Weith said it was an aesthetic concern. Mr. Weith said the landscaping plan needs to show the number of trees. The question was raised whether the DeGraff property is to be included in the sidewalk fee. A neighbor noted that 25 years ago money was appropriated for a sidewalk which they never got and have been fighting for ever since. Members agreed to require the sidewalk fee. Mr. Weith recommended additional landscaping and wanted the 1-1/2 inch caliper maples increased to 2-1/2 inch. He recommended a dense 6 ft. evergreen screen where the 2-story wood frame is behind the duplex, also plantings in front of the buildings. Mr. Weith also recommended a pedestrian easement going down into the ravine. He asked that the western property line be staked so PLANNING COMMISSION 13 FEBRUARY 1990 page 5 the best site for the easement can be determined. Ms. PUgh said she was concerned with long-term affordable housing since the Commission had made so many concessions. There was a discussion on this issue. Mr. Craig felt that the "affordable" criterion should apply only to first time buyers and that the negative impact of the 8 units being squeezed onto the lot would hold the price down. Ms. PUgh wanted a 25-year affordability criterion. Mrs. Maher wanted at least a decade but though Mr. Craig had made a valid point. Mr. Burgess, Mr. Austin and Ms. Peacock felt 1-time affordability was all they would stipulate. Mr. Craig then moved to continue the public hearing until 27 February. Mrs. Maher seconded. Motion passed unanimously. 4. Site plan application of Gregg Beldock for automobile lubrication and car stereo service use in an existing 6589 sq, ft. building, 1525 Shelburne Rd. Mr. Beldock said this is the former Tinguini building and they have a 20-year lease on it. Theyd pdlan to put in a Jiffy Lube business in part of the building n a complementary retail business in front. The Jiffy Lube is a 10-minute service done with automated equipment. Old oil will be put in special containers and an oil recovery service will come and take these away. The landscaping on the lot will be improved and the will put grass to the edge of the pavement. They will repave the broken up part of the parking lot. Mr. Weith recommended moving the parking spaces back to make a straight access on a right of way to the property to the north. Members agreed to move the parking back and to put the curb cut slightly west of the parking. Mr. Weith noted that the proposed use would generate slightly less peak hour traffic than Tinguini's. Mr. Beldock said they are planning the other business to be a wholesale business of environmentally safe products. Ms. Peacock moved the Planninq Commission approve the Site Plan application of Greqq Beldock for 4518 sq. ft. of automobile _service use and 2,000 sq. ft. of retail use in an existing 6578 _sq. ft. building as depicted on a plan entitled "Site Plan, Jiffy Lube, Bartlett's Bay Road, South Burlington, Vermont," prepared by Pinkham Engineering Associates, Inc, and dated 1/22/90 with the following stipulations; 1. The applicant shall post a $1200, 3-year landscaping bond prior to permit. The plan shall be revised to show the types and sizes of trees to be planted. This shall be approved by the City Planner prior to permit. .1� -%M-A /-<� 4-:-� 1 ��St�Tti! Dr�c—�.oP�E�.►T 4,roo' ' r G 6AJTI AJ ile Planning File Data for Computer Input 1. Original Property Owner_ - -------- - -- - -- 2. Developer's Name 3. Name of Development 4. Address of Development or Project 5. 'Type of Project- i"• � Minor Subdivision (MI) Major Subdivision (MS) Site Plan (SP) 6. Zoning District 1—`� 7. Zoning District 2 8. 'Zoning Board Approval date if Required 9. Date of Planning Commission Hearings/Meetings Site Plan Date _ or Sketch Plan Date "/ 71 3 10. Preliminary Plat date i9 `. _ I]. _ Final Plat Date s 12. Revised Final Plat Date 1 (if applicable) _ 13. Revised Final Plat Date 2 (if applicable) 14 . Acreage of Total Project 15. Usp of Land 1 1 f; . Use of band 2 1 l�sc c,f' Land 3 l l sf ()I' land 4 114 . .1,iumber of Lots 3 %timher of' Single i aml I Uni t 2 1 Niimher of M11 l t i - Fam i I y Un i i s tipt 1•11ct i()ii Cost of• liui Iditit;5 2!- vvo -- 0 23. Size of Building (Square footage) 24. Streets City Street CS Private Street PS 25. 26. 27. 28. 29. 30. 31. Date of Acceptance of streets by City Bond -Landscaping $-7 /ao Bond -Streets _ Bond -Sewer Bond -Water Bond -Other _k s Date Mylar Due (90 days after approval) 32. Date Recorded - 33. 34. 34. 36. 37. 38. Expiration date of Approval Date of First Building Permit _ Tax Map Number %' / '�- Map File Location 1 Map File Location 2 Map File Location 3 v u J St ay r _Zza"4 • L_ �� � ° �' O� Other fees ('Type and amount) �, �"�L� Preparers Name: I.Date: 312+ 1 ti 0 ---t Posted in Computer (Name, Date): 4 M E M O R A'N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: May 1, 3.990 agenda items Date: April 27, 1990 2) J-CARE SUPPLIES, LIME ROCK ROAD 1. The existing curb opening shall be used. 2. Site shall drain to the existing stream to the east. 3) PATCHEN PLACE CONDOS, PATCHEN ROAD Sidewalk along Patchen Road shall be 5 feet in width constructed one foot from the r.o.w. and across all driveways including the drive to the development. 4) PARK PLACE, DORSET STREET A meeting was held on-4/26/90 with the developer Mr. Palmer -and his engineer and it was agreed upon to correct the plan dated 3/22/90 to include the following: 1. Increase radii at intersecting streets to 30+. 2. Indian Creek entrance shall conform to City standards which includes widening to 30 feet, curbs on both sides and repaving. 3. Houses shall be setback at least. 10 feet from the street r.o.w. 4. Sidewalk shall be constructed one foot from the street r.o.w. line. Water shutoffs shall be in this one foot strip. 5. 20' x 2.0' triangle sight easements shall be provided at intersecting streets. 6. Power and telephone lines shall be in easements outside of the 60 foot street r.o.w. 7. Street lights shall be included in the street construction. R. Indian Creek mail boxes and sign shall be moved westerly. MuTtt� r,j e F Are�,tAL__ �_I-n�move the South Burlington Planning Commission approve the ,,Owe[r �nplat application of Design Development, Inc. for subdivision of 2.9 acres into 3 parcels of 2.35, 0.33 and 0.22 acres and construction of an 8 unit planned residential develop- ment on the 2.35 acre parcel as depicted on a 2 page set of plans entitled, "Property Survey, #355 - #357 Patchen Road, South Burlington, Vermont," prepared by Pinkham Engineering Associates, Inc. and dated 12/14/89, with the following stipulations: 1. The applicant shall post a $7,100, 3-year landscaping bond prior to permit. The landscape plan shall be revised prior to final plat to show the number of proposed plantings, 2 1/2" caliper maple and a dense stand of pine along the rear property line of the duplex lot. 2. A sewer allocation of 2,400 gpd is granted. The applicant shall pay the $2.50 per gallon fee prior to permit. ejAt, ►) 3. The applicant shallA contribute $6,300 to the City's sidewalk fund in lieu of constructing a sidewalk along Patchen Road. This fee is based on 420 feet of f onta q at $15 per foot or Z) cra.,� G 4. The plan shall be revised prior to final plat to show the following: a. The 4 parking spaces for the duplex moved back 15 feet away from Patchen Road. b. Proposed lighting plan indicating the location and types of lighting. All lighting shall be downcast luminare. C. Lot sizes and lot numbers. d. A fire hydrant in a location to be approved by the Fire Chief. e. An 8 inch sewer from existing manhole to new manhole instead of a 6 inch. f. A clean out for the 4 inch sewer service about midpoint in the lawn area. 5. A recreation fee of $200 per unit shall be paid prior to permit. 6. The Planning Commission waives the 50 foot P.U.D.setback. It is the Commission's opinion that due to the topography of the property the placement of buildings and pavement within the 50 foot P.U.D. setback is unavoidable. The proposed uses are com- patible with the surrounding uses and will create no adverse impacts to surrounding properties. 7. This approval is conditioned upon an acceptable provision to assure that the initial sale of any unit constitutes as a sale of affordable housing. The details of the provision shall be re- r I d e,,,a solved prior to final plat. 8. The Final plat shall show a pedestrian easement along the western portion of the property. The western property line shall be adequately staked prior to Final plat to aid in determining an appropriate location for the pedestrian easement. 9. Legal documents for the pedestrian easement shall be submitted to the City Attorney for approval and shall be recorded prior to permit. //3,AG The Final plat application shall be submitted within 12 months or this approval is null and void. l0, � �r� s%,eQ �•a �X vz, cc...,, . cja-'' s� Ll or relocation of a watercourse and shall submit copies of such notifications to the Administrator of the Federal Insurance [Administrator] Adminis- tration. 2.403 Prior to issuing a permit for the construction of new buildings, the substantial improvement of existing buildings, or for development in the floodway, a copy of the application shall be submitted to the Vermont Department of Environmen- tal Conservation in accordance with 24 V.S.A. 4409. A permit may be issued only following receipt of comments from the Department or the expiration of 30 days from the date the applica- tion was mailed to the Department, whichever is sooner. 2.404 Proposed development shall be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law. III. Section 22.007 of the South Burlington zoning Regulations is amended to state as follows: 22.007 Where a district boundary line divides a lot which was in a single ownership at the time of passage of these regulations, the board of adjust- ment may permit, as a conditional use, the exten- sion of the regulations for either portion of the lot not to exceed fifty feet beyond the district line into the remaining portion of the lot. This provision shall not apply to the boundary lines of the Floodplain or Conservation and Open Space Districts. IV. Section 22.101 of the South Burlington Zoning Regulations is amended to State as follows: 22.10 Description of Specific Districts 22.101 Flood Plain District. aZ The boundaries of the Flood Plain District shall in- clude those areas [along the Winooski River and a portion of Muddy Brook in the proximity of the airport] that are identified as areas of special flood hazard (Al [1]-A30, AE. and AH zones) on the Federal Insurance Administration (FIA) Flood Insur- ance Rate Maps (FIRM), effective date March 16, 1981, and as regulatory floodway on the FIA Flood Boundary and Floodway maps, dated March 16, 1981. Base flood elevations shall be as indicated for the numbered A zones on these maps. N J 0 s �l N �F F$A NP4LL � MUNSON uCs V des P 68 O V•1]0. P 39G S --------------- 63 nh 7 •4b I \\\ ' 1 •1 N 15URLINGTON HEBEmW HOC`( SOCIETY (GEM ETER`r) 541. 49' 113'e V 3 P 4 65 yyG, p V. 3 P 109 ' /� P P � V A R -Top OF -�zZ P 941 # e BANK II J TOP OF 5/. N K ' IIU a CM 7O N I10 F13� I-• BELOW E 6U2irG QD �� i tlS1 11 '0, • A1A%#VO.EA4/7Z SGWER M14 4 1 Y 77 84' INV,.-600 88 41' 451 SS'E RAH. 348 •1 w 44 �—�• N Y . a 0 Notes: 1. Current record owner: ErnesIIna o. Degraft 2. Bearings and distances ware computed from a closed total station au rvey Bearings are based on observed magnetic North 1999. 3. Reference Plans -- - -- A) "Property Plan - Evelyn Lamplough - South Burlington, Vermont" by Webster Martin, datad December 9, 1975, Project No. Of-5a49 recorded in map vol. 107 page 120. B) "►lan of land of Virglnla Degraff Estate -West Side Patchen Road South Burlington, Vermont.- by Mosg 4 Associates Engineers dated August 21, 1950 revised March 22, 195E for Dayton R. L ERestino 0. Deq raff�plan no. a5s, recorded !n map volume a0 page. 5. 4. Total area !s 2.4a acres. 5. Actual location 0f Patchan Road way not toll*, sideline monumentation found in field (see offsets to centerline of _ road on plan) and may Change as further survey may disclose. 6. A drainage easement may exist across south part of subject property (drainage ditch) not found of record. !or L I _ 2"C' 41 1 PATGC(EAi 2n ,—� P R O J E C T LOCATION - � i ip 1 O P • �� 6 . •),J 5 K OAMa, U qry -� - —. - \ ' •oS � � t 0.4 \P\ ICINITY MAP NE' TS + 4DT�DltI 1u NStteA 1T � O� ! \R . N C _� � \ \ \ II 0 I� h1H pwL Y 90'207BY7GPF� 6Ar.iK OFf 148 1. ICDRIve w/V+\ 1 ,a a\�� �BURccGe r SRWRR MN INv • • 5IO.09 RIM "'510 7 V LEGEND O IROrTPIPE FOUND O CONCRETE MONUMENT FOUND • IRON PIPE TO BE SET m EXISTING SEWER MANHOLE W. eyNp---.- EXISTING OVERHEAD UTILITY LINE I' EXISTING WIRE FENCE 1--ra-r-f-r+-.- POST a RAIL FENCE ® EXISTING CATCH BASIN TREE LINE _—.--� EXISTING CONTOURS --- -- -- ' - EXISTING -HYDRANT' --" -- "- - • EXISTING GATE VALVE w EXISTING WATER LINE e c,,b slap TT+L WI N OOS K I L 1 , � 4 ,1 NOTE S (11WATER MAIN APPROXIMATE PURPORTED p TO BE ON WEST SIDE OF PATCHEN RD. ELEVATIONS BASED ON SEWER MR RIMS PER WEBSTER -MARTIN SEWER PLANS. (A 419SWALK 0 KKO.1RE17 foot IOWM fY 66.9010"TeN Of. rATCN(N FLAct A440L `UM. �/Nf4,M OF roraRT( '1NLLUDIL NL, 17RNGWA115 R !I L 1l1 1 FAfCHEN PLACE C04005 THIS PLAN IS BASED ON PHYSICAL EVIDENCE FOUND. A FIELD SURVEY THIS PLAN IS PREPARED AND RECORD RESEACH. FOR JOHN BURROUGHS, 30 FEET 40 20 0 40 BO 120 160 PATCH EN 1EOFyE4� b' RE (IN O'fA GN aN�01 N 4, fIN4MAM Lot Nn 203 /�l1 ,t•Q� " s"'r � Y2M/iLf "nsa �• ►ROJ No 65G PLACE Assoc. PROPERTY SURVEY o • 355 - r 357 PATCHEN RD. SO. BURLINGTON , VERM[ ^JT ;-- —.— P nfflUG SLHED" NOTE'. 8-DOWNCA$-r NIIM Ev.�yw Dryu,. �w PAfCNFN PLAEF COMDOS 50 a.aLIN. r.. via..MT LAIR9CAL9 -21161_ 6FS�G�FVFLOp MENY /16 5-2 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 9, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: 3-Lot Subdivision, 8 unit PRD, Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed are the 2/13/90 Planning Commission meeting minutes. Please call if you have any questions. yWeith y, , City Planner Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658.7955 April 9, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: 3-lot subdivision & 8 unit P.R.D., Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 The Planning Commission approved the preliminary plat application for the above referenced project at their 3/20/90 meeting. A sewer allocation of 2,400 gpd was granted. This project will be served by the City's Airport Parkway treatment facility which has adequate capacity to handle this demand. If you have any questions, or if I can be of further assistance, please do not hesitate to contact me. S' erely, Joe Weith, City Planner JW/mcp PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hear- ing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 20, 1990 at 7:30 P.M. to consider the following: Preliminary Plat application of Design development, Inc. for subdivision of 2.91 acres of land into 3 lots of 2.35, 0.33, and 0.23 acres and construction of an 8 unit planned residential development on the 2.35 acre parcel. The property is located on Patchen Road and is bounded on the east by B. Alger and the Society of H. Adam, on the south by R. Munson, on the west by Tygate Properties, and on the north by Patchen Road. Copies of the Preliminary Plat available for public inspection at the South Burlington City Hall. William Burgess, Chairman, South Burlington Planning Commission March 3, 1990 6/? f G�.r ,i,G,,Y t �/J%Y cGwf/-fY•! CITY OF SOUTH WRLINMIDN Subdivision Application - FINAL PLAT Nam- 1) Naof Applicant Des( 9 v) Dc UC�yp N aul .1, 7' ac. 2) Name of Subdivision 3) Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: doki4 0-1 )Pe as- 0 neeas-0 'i C/eyw 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: c3 'uwl /a .7` / , 5.3 AL ��` ,? , 2 2-a-, /v 7 ife 3 .,-7, L5 5) Submit five copies of a final set of plans consisting of a final plat plus engineering drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit 06o draft copies of all legal documents required under sectiod 202.1 (11)and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. (Signature) applicant or contact person Da to PLAUTHAJ-SCKPUkC R w.+Rw.� Mir r•M.� plSckif-!I IMIC.,= il_n 1AA QLF 6 c., tie TF-rK C_RAg \`I LEIILI<r DWAKF NYM OGK 2 WHITF Iluf -- - Cf `VI11fL II OF 4 A'4 AlwFA ]ULfIA% 7 6AL, LILAC TICAS —♦:5�--- ALIIJUAL' COOK 15 s� ❑—*N DEVfIJVMf�1T D)D-n�.S 144 Cl— S— IT C-ft—r D.Y— _ _ b1.1 i'M<HfrJ ri0 5• r QMir � ny v� n % IN' F I S RANPALL G MUNSON p v fie P r.8 p v I,12G P 39G M \ I 7oP B c Y4 12-'MAPLm SI9 5JAL4 —%ram rF,,F,, 31h 4YA MURLINGTON HE02MW HOLY SOCIETY (GEMETERii v 't. P 4L3 v j P IB9 -TOP OF gA N. To wI LL1 N, cj3� G• Br suer✓ T 0N "_ �1 uwx ; �uvro SOWER MN 1 /A, Y INJ •3C'e BBZ` 541' 4', RIM• 316 4 (off_ w F Notes' 1. Current record ovne r: Ernestine 0. Deg raff 2. Bearings and distances Were computed from a closed total station survey Bearings are based on observed magnetic North 19a9. 1. Reference Plans - -- -- - - Al "►roperty Plan - Evelyn I —plough - South Burlington, Vermont" by Webster Martin, dated December 9, 1975, Project No. 06-5a 49 recorded in map vol. 107 page 120. a) •Plan of land of Virginia Degraff Estate -West Sid. Patchen Road South Burlington, e" by Hoag a Associates Engineers dated AuguVrmont. st 21, 1950 revised March 22, 1956 for Dayton R. L Erestine 0. Degraff,plan no. a5a, recorded in map volume a0 page. 5. 1. Total area is 2.48 acres 5. Actual locatann of Patchen Road may not follow sideline monumentation found in field (see offsets to centerline of road on plan) and may change as further surveys may d asclasa. G. A drainage easement may s c ast across south part of subject Property (drainage ditch) not found of record. OF 1 ro u 0 �. A ) \\ \ \ I I�dd,�VICINITY MAP \a3F \4\Idl\ N3 c� I �q � \0 In 3 I.I LEGEND 0 i -0 IRON PIPE FOUND 0 CONCRETE MONUMENT FOUND 0 • IRON PIPE TO BE SET O EXISTING SEWER MANHOLE EL-ov Wo`r EXISTING OVERHEAD UTILITY LINE —•� .• EXISTING WIRE FENCE .-. POST B RAIL FENCE ® EXISTING CATCH BASIN LINE EXISTING CONTOURS EXISTING HYDRANT - -- - - - �- -- • EXISTING GATE VALVE w EXISTING WATER LINE e - C_,6 ".P TO TI W IN OOS KI NOTE (1)WATER MAIN APPROXIMATE PURPORTED TO BE ON WEST SIDE OF PATCHEN RD ELEVATIONS BASED ON SEWER MH RIMS PER WEBSTER - MARTIN SEWER PLANS — (2) 5199WALK AS Kf4o "60 POK 1aWN OY So au[Llhhtou oK FATCRf N FiAet 04 0a FuLL "He'TN of (IE-reg y f.4iov INLI O9IV&WAV5 THIS PLAN IS BASED ON PHYSICAL EVIDENCE FOUND , A FIELD SURVEY. THIS PLAN IS PREPARED AND RECORD RESEACH. 1E Of VE FOR JOHN BURROUGHS LENNEIH yi GH `iwDY • im MN4NA• SNn cnle - 30 FEET n207 rYYL °j 1"E •�Izn news 0 •'r.ao 40 ZO 0 10 60 120 160 reoi N0 656 .a..• I n. I 1 f it PROPERTY SURVEY a 355 - a 357 PATCHEN RD. SO. BURLINGTON, VERMONT PLANNING COMMISSION 7 NOvember 1989 page 4 Mr. Abrams asked the Commission to consider the underlying water table when development of lots comes up. Mr. Craig asked what can be done to otect views on lots 2 and 3. He asked if height covenants can be gotten. Mr. Goodrich said the lot slopes so a building could be designed into the hill so only about 10-15 ft. need show. Mr. Craig felt any covenants should be enforceable by the city. Mrs. Maher said she would be willing to reduce setbacks to get building envelopes away from the residential lots. Mr. Burgess outlined the following for the City Planner to follow up on: traffic study, construction of a berm along the residential properties, including of pedestrian trails in any proposals, the designation of a portion of the land as a wetland and the designation of allowable building envelopes on each lot, access to lots 1 & 4 from the cul de sac to reduce curb cuts, the status of the quarry, view protection, connection of the road to S. Brown ell Rd. Commission reaction included the following observations: Mr. Burgess said he tended not to like +-.he smaller lots. Ms. Peacock agreed and felt it was not an imaginative plan. She felt the road had to be planned to Williston. Mr. Belter suggested the applicant talk with the State Ag people to see what they will want. Ms. Pennington asked if Terry Boyle will be limited because of this plan. Mr. Burgess said the plan is not so far along that changes can't be made. Mr. Furlong asked what would happen to the large lot once it is used to calculate density for the other lots. Mr. Burgess said the Commission would have to insure via legal documents that the lot could not be subdivided again. Residenta again stressed that they hoped the Commission would ask Mr. Goodrich not to put all the industrial lots up against the residential area. 5. Revised Sketch Plan application of Design Development for a 1) boundary line adjustment and merger of 3 lots into 2 lots of 2.58 and .36 acres, and 2) construction of a 10-unit planned res- idential development on the 2.58 acre parcel Mr. Burroughs said the concern was that parking was too far from the building, so this has been moved closer. The cArcular flow of traffic is broken up with landscaped islands. Mr. DeGraff, son of the owner, said they are looking to sell of the diamond shaped peke of property to create the total acreage. PLANNING COMMISSION 7 November 1989 page 5 Mr. Burroughs said the units would be in the $75-85,000 range, about 960 sq. ft. each, with no garages. Mrs. Maher noted the Fire Chief had a problem with getting vehicles in but felt it could be solved. Ms. Peacock asked that the Planner look into whether these units meet the definition for affordable housing and how the Commission culd lock them in at that range to get credit for them. Mr. Craig added that if the Commission waives setbacks, etc, they should be sure they get credit for the affordable housing. Members said they liked the plan but wants to see the snow storage problem solved and the Fire Chief satisfied. They also wanted to see the pedestrian trails on the map. 6 Sketch plan application of Harold & Eleanor Benson to subdivide a 3.7 acre parcel into two lots of 2.28 acres and 1.42 acres, Exec utive Drive/Patchen Road Mr. Bensen said he wanted to v%rentually make condos from the apartments. The City Engineer has asked that the blacktop side- walk be made a right of way. Mr. Bensen said he didn't see a reason for this but would do it. Mr. Burgess noted a variance was granted to allow 16 units on 3.7 acres and didn't know if another variance would be required. The Planner will check with the City Attorney. Mr. Burgess said the carports should be removed from the plan as they haven't been built. Mrs. Maher said she thinks the property looks deplorable and is a "slum in the making." She said required landscaping hasn't been put in, and the project is not what Mr. Bensen told the Commission it would be. Ms. Peacock asked whether the Commission should even consider the new application when the landscaping hasn't been put in. Members asked that the Planner provide a copy of all Minutes regarding this development, including the carport application. 7 Site plan application of Salamin Handy for construction of a 3325 sq. ft. building for convenience store and service station use (Cumberland Farms) 984 Shelburne Rd. Mr. Wood said the gas station would have 2 pumps. The building will be moved back 20 ft., so they would be going from 0% green space to 40%. He noted that in a prior approval, trip ends were City of South Burlington WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON, VERMONT 05403 TEL. 664-4361 TO: Joe Weith, City Planner FROM: Bob Gardner, Water Superintendent <--�� RE: Plan Reviews DATE: April 3, 1990 I have reviewed and offer comments on the following sets of plans received from your office. 1. 355-357 Pat+chen Road, Pinkham Engineering Assoc., dated 12/14/89 a. The plans do not indicate the size and material of the main serving the proposed hydrant at the entrance to the project. b. A curbstop must be installed on the 2" line serving the east units. C. The 2" water line serving the proposed units is a dead end line and I think the engineer should take another look at the peak demand that this project will place on the line to determine if a 2" line is adequate. 2. Pillsbury Manor III, Krebs & Lansing Engineers, dated 1/90 a. This plan as shown is acceptable to this department 4, 3. Meadowbrook, Fitzpatrick & Llewellyn, dated 3/90 a. The proposed new hydrant must be installed by the use of a tapping sleeve and valve not by inserting a tee as shown. This will avoid having to shut down the main and reduce the chance of contamination from cutting in the tee. 4. Park Place, Champlain Consulting Engineers, dated 3/22/90 a. The existing water main on Dorset Street is a 14" AC main not a 16" main as shown on the drawings b. The two 14" gates valves shown to be inserted into the Dorset Street main at the south entrance must be eliminated. They are unnecessary. PRELIMINARY COMMENTS 355 = 357 PATCHEN ROAD (FORMER DEGRAFF PROPERTY) 1. The proposed sidewalk shall be constructed one foot from the property line and across the driveways. It shall be concrete with 6 inch gravel sub -base. 2. The plan shows white pine planted on top of the sewer serv- ice. They should be moved at least 10 feet from this line. 9 Memorandum - Planning February 13, 1990 agenda items February 9, 1990 Page 3 3) PUBLIC HEARING = DEGRAFF PROPERTY. PATCHEN ROAD This application has been revised since the Sketch Plan review on 11/7/89 (minutes enclosed). The proposal is now to create a separate lot ( 9,600 square feet) for the duplex and construct an 8 unit PRD on the remaining land (2.35 acres). The original proposal was to keep everything on one lot thereby creating a 10 unit P.R.D. on a 2.57 acre parcel. The minimum lot size for a duplex lot in the R-4 zone is 12,000 square feet. The applicant is going to the Zoning Board on Monday night to request a vari- ance for minimum lot size. If the variance request is denied, this application will be withdrawn and a new preliminary plat application for the original design will be submitted for warn- ing. Since the beginning of this project, there has been confusion over what the current lot configuration is in the affected area. The applicant claims that the current lot configuration consists of a 2.58 acre parcel with an existing duplex and garage, and the DeGraff household as a separate parcel. The Preliminary Plat hearing was warned this way. I have recently learned from the surveyor or that based on his research the present lot configuration consists of 2 lots, a 2.05 acre lot consisting of the duplex, garage and DeGraff household, and a 0.85 acre vacant lot to the west. Therefore, the DeGraff property has never been legally subdivided from the 2.05 acre parcel. The proper warning for this application should read, "application for 1) subdivision of a 2.05 acre parcel into 3 lots of 1.5, 0.33, and 0.22 acres and merger of a 0.85 acre lot to the 1.5 acre lot, thereby creating a 2.35 acre lot, and 2) construc- tion of an 8 unit planned residential development on the newly created 2.35 acre parcel." I will check with Steve Stitzel to see if the Preliminary Plat must be rewarned. Access/circulation: Access for both the 8 unit PRD and duplex would be provided by a 24 foot wide private drive. Parking: The 8 unit PRD requires 18 parking spaces, 19 are shown. 4 spaces are provided for the duplex unit. The 4 spaces for the duplex should be pushed back about 15 - 20 feet to pro- vide more distance from Patchen Road. Density: The allowable maximum density range for the 2.35 acre parcel is 3.2 - 9.4 units. The Planning Commission agreed to an upper end density if the units would be sold as "affordable". City Attorney Steve Stitzel is working on wording to assure their affordability. 3 Memorandum - Planning February 13, 1990 agenda items February 9, 1990 Page 4 Landscaping: The 8 unit PRD requires $7,100 in new landscaping based on -a construction cost of $240,000. The applicant said at the 11/7/89 meeting the units would be 960 square feet. There- fore, the units would be constructed at a cost of $31/square feet. This seems low. The landscape plan shows red maple, white pine, crabapple, lilac, and several bush species. The plan does not indicate the number of proposed plantings, in particular, bushes. I will try and obtain a planting schedule before Tuesday's meeting. This project will require significant clearing of an existing wooded area. This will have a dramatic aesthetic impact from Patchen Road. I recommend that a very dense stand of pine (blue spruce, red pine) be planted along the back property line of the duplex lot to screen the parking lot and building. The caliper of the red maple should be increased to at least 2 1/2". Lighting: The final plat should show the type and location of proposed lighting. Sewer: The 8 units will require a sewer allocation of 2,400 gpd (assumes 2 bedrooms per unit). The $2.50 per gallon fee shall be paid at permit. Pedestrian Trail: I will walk the site next week with Assistant Recreation Director, Tom Hubbard to recommend a location for a pedestrian path. This shall be shown on the Final Plat. Other: The final plat should show the lot sizes on each lot. 4) JIFFY LUBE. SHELBURNE ROAD Gregg Beldock proposes to convert the old 6,578 square foot Tinguini's building to an automobile lubrication service center (Jiffy Lube) and a car stereo service center. The property is zoned C2 and is bounded by industrial/warehouse buildings to the north and west, Bartlett's Bay Road to the south and Shelburne Road to the east. J M E M O E A N D U 0 To: South Burlington Planning Commission From: William j. Szymanski, City Engineer - Re: February 13, 1990 agenda items Date: I:-ebr..,._ary 9, 1990 COF_'tF'i=rRHE AM OR TY [:ENTER 1. Streets with designated parallel parking should be at least 44 feet in width. 2. Storm water retention areas must be included to handle the runoff. 3) DESIGN DEVELOPMENTS INC_, 357 F'ATCHEN ROAD 1. Parking spaces #t17, IS & 19 should be placed somewhere else and the island landscaped. It should also be curbed (concrete) to protect it. 2. The b inch sewer from existing manhole to new manhole shall. be 8 inch. 3. There should be a sidewalk: assessment in lieu of constructing the sidewalk: along the Patchen Road frontage. +. The drive and parking area should be lined with curb (con- crete) to protect the sidewalks and the lawn area. 5. The 170 foot 4 inch sewer service shall have a clean out about midpoint in the lawn area. 4) _i 3 FFY L_UBE, PARTLETT PQ ROAD 1. A grease and grit interceptor shall be installed in the plumbing serving the lobe area of the building. r. The new paved parking area shall drain toward the ditch to the west.. ' ' TOv FROML HE; DATE; �� ��~ Department �m������[ ��/��� 575 19orfict ftect *Outb Nur;ington, Vermont 05403 10. BUR|lH'RU|I i IAN|11i4G [.OMMJSSIUN CHIEF GODDFrTE TUESDAY FEBRUARY 13,1990 AGENDA ITEMS WEDNESDA/ FESP('"RY 7,1990 1. CORPORAlE CIRILE 3-OFFICE BUILDINGS OVER ALL l DO NUT SEE A PROB_EM WITH THE LAY Ui|T OF THE BUILDINGS PUT THE FUL.'UWING WILL BF REOU}RED FOR FIRE: - PROTECTION; A. WATER MAIN MUST SUPPLY 2500 GPM. AND BF A LOOP SYSTEM. B. AT LZAST lWu H,URANl6 WILL BE REQUIRED AT A LD[h7luN AF'PKU'/FO BY THIS OFFICE. P JIFFY LUHE SHEi6URNE ROAD AT THIS TIME I [`U NOT GEE ANY PRO8LENS WITH THIS FRO7ECT. S. DESIGN DEVELOPMENT INC. PATCHEN ROAD TNlS PLAN WAS REVIEWED WITH THE DEVELOPER AND ALL CORRECTIONS WERE MAD[ ENCEPT THE HYDRANT WHICH WAS TO BE JNSTALLEL HAS BEEN LEFT OFF lHE SITE PLAN. PLANNING COMMISSION 27 February 1990 page 2 3. The storm drain pipe shall be plastic or concrete 4. A sewer allocation of 1600 gpd is granted based on 40 gpd per bed space (4 bed spaces per room) The sewer fee of $2 50 per gallon shall be paid prior to permit. 5. The revised Final Plat shall be recorded with the City Clerk within 90 days or this approval is null and void Mr. Craig seconded. Motion passed unanimously. 4. Public Hearing: Continue Preliminary Plat application of Design Development, Inc, for subdivision of a 2.58 acre parcel into two lots of 2.35 acres and 0.23 acres and construction of an 8-unit planned residential development on the 2.35 acre parcel, 361 Patchen Road Mr. Weith noted that the City Attorney has said this is a 3-lot subdivision and should be rewarned as such. MS to Paarnt-v mnc7oA o_n Planning Commission )f nes'i_dn nPVP1 An?h&n!- _ Tnn penaing proper warning as a 3-lot subdivision and 8 unit planned residential development. Mr. Craig seconded. Motion passed unanimously. 5. Review Draft #2 of the Natural Resources Section of the 1991 Comprehensive Plan Mr. Weith said the report has been edited and shortened to address comments made by the Commission. Mr. Crowley asked for the op- portunity to come back when the Committee has had a chance to review the changes thoroughly. Mr. Schuele said the Committee needs direction on zoning concerns that were deemed to be part of the Zoning Regulations and not the Comprehensive Plan. He wanted to insure these issues were not lost. Mr. Weith suggested revising them into a more concise document. Ms. Snyder raised the question of measuring setbacks from streams. Mr. Weith said that is more a zoning question and that there is in the Comprehensive Plan a general goal statement on this. Ms. Peacock raised the question of monitoring wetlands and asked if there wouldn't be a better way to define the area involved than "near" wetlands. This will be addressed. Mr. Weith noted that Charles Scott has identified some Champion Maple trees in the city and felt they should be marked for pre- servation. Memorandum - Planning November 7, 1989 agenda items November 3, 1989 Page 4 Noise: Due to the close proximity have recommended the installation ceilings and walls of the addition. to the airport, BIA officials of noise insulation in the Design Development, Inc. proposes a 10 unit PRD. There are currently 3 parcels involved. The plan proposes a boundary ad- justment and merger to end up with two parcels, a 2.58 acre parcel and a 0.36 acre parcel. There is an existing duplex on the 2.58 acre parcel and the applicant proposes to construct two 4-unit buildings. Enclosed are the minutes from the 2 previous sketch plan reviews (7/18/89 and 8/22/89). The applicant has submitted 2 site plan options. Density: There is approximately 1.2 acres of "developable" land. Therefore, the maximum density range is 5 to 10 units. 10 units are proposed in both options. Setback/coverage: The proposed structures in option 1 do not meet the 50 foot setback perimeter. Planning Commission has the authority to waive this minimum zoning standard. The setback requirements are met in option 2. Coverage calculations will be provided at the meeting. Access/circulation: Both options propose a 24 foot wide private drive off Patchen Road to provide access for the units. Circulation was the main concern expressed at the previous meet- ing. Both options show improved circulation, however, it is still tight. Both options, I feel, will work all right for auto- mobiles, however, delivery trucks and fire trucks might have a difficult time. Parking: The project requires 23 parking spaces. Both plans show 22 spaces. I would suggest moving one space in option 1. Aesthetics: I prefer the design concept of option 1 over option 2 because of potential aesthetic impacts from Patchen Road. Option 1 shows the new building turned perpendicular to Patchen Road while option 2 shows these buildings parallel to Patchen Road. In addition, planted berms could be worked in with option 1 to hide parked cars and break up the expanse of pavement. Option 2, on the other hand, proposes a vast area of pavement directly in view from Patchen Road which I feel would dramatical- ly impact the aesthetics of the area. Memorandum - Planning November 7, 1989 agenda items November 3, 1989 Page 5 Pedestrian Trail: The Comprehensive Plan shows a pedestrian easement in the vicinity of the property. I will consult with the Natural Resources Committee to determine the most appropriate location for this trail. 6) BENSON, 2-LOT SUBDIVISION. EXECUTIVE DRIVE Harold and Eleanor Benson propose to subdivide a 3.7 acre parcel into two parcels of 2.28 and 1.42 acres. The parcel contains 16 residential units in 3 buildings (rear of property) and two commercial structures (front portion of parcel near Patchen Road). The subdivision would create a residential lot (2.28 acres) and a commercial lot (1.42 acres). Mr. Bensen plans to convert the existing retail units to condominium ownership. The parcel is zoned C-1. It is bounded on the north by Jaycee Park, on the west and south by commercial uses, and on the east by Patchen Road. Since this subdivision involves commercial property, it is defined as a major subdivision which is a 3 step process. Access: Access would remain as is from the 25 foot wide private drive off Patchen Road. The applicant will be required to record an access easement over the commercial lot to maintain access for the residential lot. There is an asphalt sidewalk providing pedestrian access to the Merchant's Bank parking lot. Bill Szymanski has suggested the deeds allow the employees of the commercial lot to use this sidewalk which is on the residential lot. Minimum lot size: The commercial lot meets the minimum lot size for this zone. The residential lot does not meet the minimum lot size of 4 acres for residential uses in the C-1 zone. A variance was granted by the Zoning Board on 3/26/84 to allow the construc- tion of 16 units on the 3.7 acre parcel. I will talk to Steve Stitzel to see whether that variance can be applied to this subdivision or if a new variance would be required. Setbacks: The required setbacks are met from the proposed new property line. The existing commercial building on Patchen Road does not meet front yard setback requirements, however, this is an existing condition and is not a result of the proposed subdi- vision. 5 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 12, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: DeGraff Property Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed are the 2/27/90 Planning Commission meeting minutes. Please call if you have any questions. in erely, Joe Weith, City Planner 1 Encl JW/mcp AGENDA ITEM DEGRAFF PROPERTY, PATCHEN ROAD Suggested Motion for Tonight's meeting: I move the South Burlington Planning Commission table the Prelim- inary Plat application of Design development, Inc. pending proper warning as a 3-lot subdivision and 8 unit planned residential development. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 February 23, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: Subdivision and 8 unit P.R.D., Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, February 27, 1990 at 7:30 P.M. to represent your project. S' ely, 21 r7 oe Weith, City Planner Encls JW/mcp } Memorandum - Planning February 27, 1990 agenda items February 23, 1990 Page 2 �:l OWRr •1 *111 k1fdMEMAIN111WA &a wj�, : ►I! 1► Ili 0:1..]J City Attorney, Steven Stitzel, has prepared an opinion regarding whether this application is a 2 or 3 lot subdivision. He did not have time to get his written opinion to me before these packets went out. I will have it available for Tuesday's meeting. It is Steves opinion that the DeGraff house lot has never been legally subdivided. Therefore, this application is a 3 lot subdivision and must be rewarned. 5) NATURAL RESOURCES SECTION F Enclosed is Draft #2 of the Natural Resources Section of the Comprehensive Plan. 6) P.U.D.'S IN THE CITY CENTER DISTRICT This has been added to the agenda in order to start discussion on this issue and provide some direction. I am mostly interested in how the Planning Commission members feel about allowing such a provision. The P.U.D. would basically allow more than one build- ing on a lot and may allow some flexibility in applying the zoning standards. Several issues which I would like the Planning Commission to think about are: 1. How do you feel about allowing more than one building on a lot? 2. Should the P.U.D. provision be allowed in all districts (CD1, CD2, CD3) of the City Center area? 3. Should the P.U.D. provision allow the same "waiver" standard contained in other P.U.D. provisions in the Zoning Regulations (see sections 6.603 and 11.507)? 4. Should there be a minimum lot size for a P.U.D.? 5. Should all permitted and conditional uses be allowed in a P.U.D., or should only a select few be allowed? MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE* WILLIAM F. ELLIS LINDA R. LEROY SUSAN H COMPTON- SUSAN GILFILLAN ("ALSO ADMITTED IN N Y ) Joseph Weith, Planner South Burlington Offices 575 Dorset Street South Burlington, Vermont 05403 Re: DeGraff Property Dear Joe: February 26, 1990 OF COUNSEL ARTHUR W CERNOSIA You have asked whether the Ernestine DeGraff homestead property which is described on the attached mortgage deed (Exhibit A) exists as a separate lot at this time. It is my understanding that this lot adjoins on all sides other property presently owned by Ernestine DeGraff. For the reasons set forth below, it is my opinion that this lot does not exist as a separate lot at this time. I have reviewed the conveyances identified in the document attached to this letter as Exhibit B. I have also reviewed the plans identified in such conveyances. None of the referenced plans show the DeGraff homestead property. They all show the Degraff property as a single lot. The sole document which identifies the homestead property as a separate lot is the attached mortgage deed. This deed was discharged in January of 1980 and no longer has any legal effect. Since there is no legal document presently in effect or a recorded plan which establishes the DeGraff homestead property as a separate lot, it is my opinion that it does not exist as a separate lot. Very truly yours, t, r-1 `. Steven F. Sti'tze� SFS/arc SON004.COR 1-1 ^kv MORTGAGE DEED Know All Men by `These Presents c 1a�.Wet .CLAYTON R. DEGRAFF and ERNESTINE 0. DWRAFF2................................. ..........................................................._._.................................................. ..........husband and wife ............................ of South Burlington Count of Chittenden and ................................................... ....... ......... , Y State of Vermont, for and in consideration of..... .S.aYen...H=dx:ed...a d..."Soyeptoext ..... .....:.....'.....'.....'....'..............7..-....:....Dollars paid to.110.7.17..00full satisfaction by the BURLINGTON FEDERAL SAVINGS & LOAN ASSOCIATION, a corporation organized and existing under the laws of the United States of America and having its office and principal place of business in Burlington, County of Chittenden and State of Vermont, the receipt whereof is hereby acknowledged, do.................hereby GIVE, GRANT, BARGAIN, SELL, CONVEY AND CONFIRM unto the said Savings & Loan _association its successors and assigns forever, the following described piece or parcel of land in ................. SOuth....1)tu'�ingtnn.................. County of Chittenden and State of Vermont, viz.: A triangular piece of land With no buildings: Beginning at the northeasterly most corner of the Clayton R. and -Ernestine DeGraff property in the westerly line of Patchen Road, said point being marked by a concrete monument; thence southerly in and along the westerly line of Patchen Road 148.65 feet to an iron pipe driven in the ground; thence deflecting to the right 850 131 and extending 268.16 feet to the monument that marks the northwesterly corner of said DeGraff's said land; thence northeasterly in and along the.southerly line of land owned or formerly owned by Fred DeGraff 317.2 feet to the point or place of beginning. Being a portion of the land and premises conveyed to said Clayton R. and Ernestine 0. DeGraff by Executor's Deed from Eugene J. DeGraff, Executor of the Estate of Virginia DeGraff, dated August 25, 1950 and recorded in Vol. 22, Page 312 of the Town of South Burlington Land Records. Reference is made to a plan of land of Virginia DeGraff Estate, dated August 21, 1950, and recorded in Vol. 28, Page 4 of said Land Records. EXHIBIT A 9e. wo Together with all buildingp and improvements now or hereafter placed thereon, and all plumbing, heat- ing and lighting fixtures, gas and electric ranges and equipment, now or hereafter attached to and used In con- nection with said premises and buildings thereon. TO HAVE AND TO HOLD the above granted and bargained premises, and all improvements, futures and equipment now or hereafter attached to and used in connection therewith, with all the privileges and ap- purtenances thereof and thereto belonging, to the said Savings & Loan Association, its successors and assigns, to its and their own proper use, benefit and behoof forever; and........ 3M..............the mortgagor herein, do .................. for .,Ours,PlYP .........................and .....09 .............. heirs, executors, administrators, successors and assigns, covenant to and with the said Savings & Loan Association, its successors and assigns, that at and until the ensealing of these presents .......We.. �'e. ............well seized of the premises in fee simple; that ........ WM........ have good right and lawful authority to bargain and sell the same in manner and form as above written; that they are FREE AND CLEAR OF ALL ENCUMBRANCE; and that....... We..............will WARRANT AND DEFEND the same against all lawful claims and demands of any person or persons whomsoever. THE CONDITIONS OF THIS DEED ARE SUCH, that if the said mortgagor shall pay unto the said Association, its successors or assigns, THE SUM OFEleven Thousand Seven Hundred and Seventeen ....................._.............................................. - ........................... _.- -- ..................................................................._............'....'..................._........_...._...._._._...._........................................................................................................................................ Dollars, with interest, as provided in a certain promissory note of even date herewith, signed by.................................... .......................................... CLAYTON..Rr....D.M.RAFF.......and...MM.TIN.Es...DEGRATF...................................................................... and made payable to the order of said Association according to the tenor thereof; keep and perform the cove- nants, options, agreements and stipulations set forth in said note; pay any and all other indebtedness of said mortgagor, or of any of them, to said Association, its successors or assigns, heretofore or hereafter contracted, whether accruing directly between the parties hereto or by way of transfer, assignment, endorsement, or other- wise; pay when due and payable all taxes and assessments of every kind levied against said mortgaged property and promptly deliver to said Association, without demand, the receipts evidencing such payments; keep the buildings now or hereafter standing on said premises well insured against loss by fire and other hazards for the benefit of said Association, its successors or assigns, in such an amount and in such company as shall be ap- proved by said Association, it successors or assigns, and promptly pay for such insurance as the same becomes due and payable and deliver such insurance policies to said Association together with receipts acknowledging payment of premiums or assessments thereon; in the event of any loss by fire or other hazards, the mortgagor will give immediate notice by mail to the mortgagee, who may make proof of loss if not made by the mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to the mortgagee instead of to the mortgagor and the mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by the mortgagee, at its option, either to the reduction of the indebtedness hereby se- cured or to the restoration or repair of the property damaged; not permit or suffer waste of said property; make all necessary repairs, maintain said property in good condition and not allow it to be occupied for any pur- pose other than that for which it is now used; not make any material alterations of said property without the written consent of said Association; not allow the premises to be used for any improper purpose nor in violation of any law, ordinance or regulation and comply with all conditions hereof, then this deed.to be void, otherwise of full force and effect. In the event of foreclosure of this mortgage or other transfer of'title to the said premises in lieu of fore- closure, then all right, title, and interest of the mortgagor in and to any insurance policies then in force shall pass to the mortgagee or grantee. It is further agreed between the parties hereto and a condition hereof that, in case said mortgagor defaults in complying with and performing any of the conditions and obligations herein set forth, said Association may perform such conditions and obligations and expend such money as may be necessary to do so, and all money thus expended by said Association shall become and be a debt due and owing from said mortgagor to said Association and be secured by this mortgage. , It is further agreed between the parties hereto and a condition hereof that, in the event the ownership of the mortgaged premises or any part thereof becomes vested in a person other than said mortgagor, said Asso- ciation may, without notice to said mortgagor, deal with such successor or successors in interest with reference to this mortgage and the debt hereby secured in the same manner as with said mortgagor, without in any way \vitiating or discharging said mortgagor's liability hereunder or on the debt and obligations hereby secured, _1"\ and no forebearance on the part of said Association, and no extension of time for the payment of the debt and performance of the obligations hereby secured, given by said Association, shall operate to discharge, modify or affect the original liability of said mortgagor, either in whole or in part; that, upon default in the payment of the debt and obligations secured by this mortgage, said Association is hereby fully empowered and author- ized to collect and receive any and all rents from any tenant occupying said mortgaged premises and, in case said premises are vacant, to rent or lease the same at such rental as said Association deems reasonable and apply all rents thus collected, less a reasonable percent on the amount collected and any expenses (connected therewith, first to the payment of interest due and the balance on the principal; that all expenses incident to foreclosure proceedings under this mortgage, including a reasonable attorney fee, shall be allowed by the Chancellor and be included in the amount of the decree, or allowed to said Association in case the foreclosure proceedings are adjusted before final decree, and that on failure of performance of any of said conditions and obligations for a period of thirty days, the entire balance of said indebtedness shall immediately become due and payable at the option of said Association without further demand or notice. IN WITNESS WHEREOF .............. w.e ............hereunto set...... our ............. hand s and seal s this......22nd......... dayof ................ ..MaY... ..................................................... A.D. 1916.# !In presence of: �4.v .......... wJ.126 .....1?...._._ STATE OF VERMONT, CHITTENDEN COUNTY, I ss. ... ... .......................................................... _ [LS] Personally appeared at Burlington, in said County, .................... CLAYT...... .__DDGRAFF . ... ERNESTI.EVE...A,...D.EG iA.k''............................................................................................ the signers and sealers of the above written instrument, and acknowledged the same to be ...their ............. free act and deed this..................22nd day of .......... I`.1Y.................................................................... A.D. 19..56.. Before me, / .......................... V ............................... .. )Notary Public. '"1 wp ew ew o a tz c� 0 In Z su � 1-4 _ a w o z°zo , �G o � x w � � O� 9 Y o ..131 O :+ o 'O F. O z x t7 tv til d DISCHARGE The conditions of this mortgage deed having been fully paid and satisfied, said mortgage is hereby dis- charged. Signed and sealed at Burlington, Vermont, this..............29 th..........................day of ...........January ...................................... .... "Vermont FP�!�•,' ^-,�;in�, and Loan A.D. 19.....80.. AA Un In presence of: / kUS?FINGT at° Obi�c Q �& LOAN SSOCIATION, Z! R Mary �'M. Pidgeon B / ..........._ .........'....r.......yl.-......L.S. y..-... ...... hn .. Richard L. Morga ge r'I�'dgetb rvice Offic 1 .1{�g11+1f7•i•di11o.J.y .e„. ,ountlMaR11N� ROAD MAP for DEGRAFF DEED'S REF S DEED TYPE DEEDED FROM DEEDED TO RECORDED PROPERTY 1. Executor's E. DeGraff Exc C.& E. DeGraff 08/25/50 Apt/Gar/House Ia. Warranty O. Moreau C.& E. DeGraff 05/27/54 - Garage lb. Mortgage C.& E. DeGraff Bank 05/22/56 - House 2. Warranty B. Alger C.& E. DeGraff OB/27/63 15' Ext (Gar) 3. Warranty V.& V. Lambert C.& E. DeGraff 07/18/57 Lot PARCELS BEING SOLD RELATIVE DEEDS Parcel -A part of 1 + 2 or la + 2 Parcel-B1 part of 1 or I - la Parcel-B2 part of 1 or part of lb Parcel-C 3 PARCEL RETAINED Parcel-D part of 1 or part of lb Seller to deliver to Purchaser 1-Warranty Deed which conveys all property being sold. Deed to contain: (1 + 2 + 3) - (Parcel-D) EXHIBIT B ROAD MAP for DEGRAFF DEED'S REF # DEED TYPE DEEDED FROM DEEDED TO RECORDED PROPERTY 1. Executor's E. DeGraff Exc C.& E. DeGraff 08/25/50 Apt/Gar/House Ia. Warranty O. Moreau C.& E. DeGraff 05/27/54 - Garage lb. Mortgage C.& E. DeGraff Bank 05/22/56 - House 2. Warranty B. Alger C.& E. DeGraff OB/27/63 15' Ext (Gar) 3. Warranty V.& V. Lambert C.& E. DeGraff 07/18/57 Lot PARCELS BEING SOLD RELATIVE DEEDS Parcel -A part of 1 + 2 or la + 2 Parcel-B1 part of 1 or 1 - la Parcel-B2 part of 1 or part of lb Parcel-C 3 PARCEL RETAINED Parcel-D part of 1 or part of lb Seller to deliver to Purchaser 1-Warranty Deed which conveys all property being sold. Deed to contain: (1 + 2 + 3) - (Parcel-D) I 11 i;1ip, J. DE :11 1' 1;:{C 1 ItaL 22 TO 11agr 312 C!,'tYTO14 it. AND ERNESTINE n, DEGRAFI' •� TO ALL TO 1,1i011 THESE pwi sE?i.S SHALL COME, I, Eugene J.DeGraff Executor of the Goods,Chattels and Estate of Virginia DeGraff, late of.South Burlington in the County of Chittenden and State of Vermont, deceased, SE111) GRihi'ITdG: IAiEIIiAS, THE HONORABLE THE PROBATE COURT for the District of Chittenden-at'a session thereof, holden at the Probate Office in Burlington in said District, on the 22nd clay of August A.D. 1950 on l due application in writing, for that purpose, which said application having been duly l published according to law, did license and authorize me to sell at public auction or private sale all of the real estate of said Deceased, for the purpose of closing the -estate. L' - A il) ;11iE11i•,A', having previously taken the oath required by law, and fulfilled all the requis- itions o: the Statute, and of the license aforesaid I have sold a part of the same real estate to �"layton R.DeGraff and Ernestine 0. DeGraff, husband and ,•rife, of ,;outh Durlington, in the County of Chittenden and State, of Vermont for the sum of Mine Thousand N9000.00) Dollars. '!i`" ' NOW, KNOW YE, THAT pursuant to the license and authority aforesaid, and not otherwise; and in consideration of the said sum of Nine 'Thousand (;+9000.00) Dollars, the receipt whereof, I do hereby acknowledge, I do by these presents, 1rant,Bargain,.Gell,Convey and Confirm unto the said Clajrton R.DeGraff and Ernestine O.DeGraff, their heirs and assigns, the following described Land in South Burlington in the County of Chittenden and State of Vermont described as follows, viz: Parcel Y2 as shown on the Plan of Virgi is DeGraff estate, lying westerly of Patchen Road. �^ A parcel of land with house and barn th reon located on the west side of Patchen Road and Bounded as follows: Beginning at a point where the south 1#ne of property belonging now or formerly to Fred -DeGraff intersects the west line of Patchen Road, said point marked by a concrete monument; thence running westerly in the south line of said LeOraff three hundred seventeen and two tenths (317.2) feet to a monument in the east line of Land belonging now or formerly to James De-3raff; thence turning, forming an angle of 1240-36' on the Land herein conveyed, and running southerly in the east line of said DeGraff three hundred ei;hty five and five tenths (385.5) feet to a blazed tree in the north line of the property of the lurlington 11ebrew Holy :society; thence turning,forming an angle of 550-06' on the property herein conveye- and running, easterly in the northerly line of the property of the Burlington Hebrew Holy Socie one hundred sixty (160) feet more or less to an iron pipe mar ing the southwest corner of a certain piece of property conveyed to the Burlington Hebrew i• ly Society by Mrs. Virginia DeGraff, of record in Volume 22 on page 288 of the Land iteco of the Town of South Burling- ton; thence turning a right angle and running northerly twen -(20) feet along the west line of property above mentioned; thenceacurning a right angle an running easterly twenty(20) feet along the north line of prope iI above mentioned; thenc turning a right angle and running southerly- twenty (20) feettong the east line of property above mentioned to a roint in the north line of property of the uurlington ilebrew Holy Society; ?.::ence turning, forming an angle of 900 on the property herein�ponveyed and running easterly along the north line of the property of the Burlington neb w Holy Society fifteen and five tenths (15.5) feet to a point iaarking the west boundary i'arcel #1, so-called, of the estate of Virginia Df;,raff; thence turning,forming an an a of 1220-51f' on the property herein conveyed, and rUnnin;; northerly along the west line. f parcel :i`1, so-called, one hundred eility one and six tenths (181.61) feet to a monument thence turning,forming an angle of 2690-27, on the property, and running easterly along a north line of Parcel ,'1, so-called, one hundred seven and six tenths (107.6) feet to a monument in Lhe west line of Patchen Road; thence turning,forming an angle of 910-33' on•the property herein conveyed, and running northerly in the .rest line of Patchen Road two '"hundred seventy and seven tenths (270.7) feet to the place or point of beginning. The license to sell granted by the Probate Court is of record in Vo1.22, Page 293 df the Land Records of the Town of So.Burlington. Being a part of the real estate whereof the said Virginia DeGraff died siezed and possessed in the said South Burlington. '00 HAVE AND TO HOLD the said premises, with all the privileges and appurtenances thereof, to the said Clayton R. DeGraff and Ernestine 0. DeGraff, husband and wife, in the entirety, their heirs and assigns forever, to thug and their own use. And I the said Eugene J.DeGraff, Executor, do covenant with the said Clca�l+t.n R. DeGraff and Ernestine 0. DeGraff, their heirs and assigns, that the said Virginia De aff died siezed of the granted premises, that I am duly authorized by the Court aforesaid; to convey the same to the said Clayton R. DeGraff and Ernestine 0. DeGraff in manner and form aforesaid, that I have in all things observed the direction of the law, and the License aforesaid, in the sale aforesaid; that I will, and nay heirs executors and administrators shall WARRANT AND DEFEND said premises against all persons claiming the same, by, from or under the said Virginia DeGraff or me the said Executor, but against no other person. IN WITNESS WHEREOF, I hereunto set my hand and seal this 25th day of August A.D. 1950. In Presence of A.''d.lioar_ --Eugene J. DeGraff Exc. Seal A.J.Durgchia -- I State of Vermont, Chittenden County SS. At So.Burlington this 25th day of August A.D. 1950 Eugene J. DeGraff, Executor personally appeared, and he acknowledged this instrument, by him sealed and subscribed to be his free act and deed. I hereh!t rrrli%i that 11• X. Rru..Stamps Before me In lhr prow,„! n/�,Q 9. 9b . ,1„ 1t.irs it -ere .'1_._1��1i0aP. rnfji.ted I„ Ihr /nr,••„/n'r instrument. and i.otary Public u„•.r ,t,,:,, ,•..,,,•..Itr,�. M. J.J. :ieceived for record September 2nd, 1950 at 9-30 Own 'ale ✓k FORM 12. VERMONT QUIT -CLAIM �~ TUT13LANX PEO-ST[REO U S rAT.OR►ICE I TurNeIawAlnr,Publishers, Ru!/andLt IA"1 OMER L. MOREAU of Burlington , in the County of Chittenden and State of Vermont Grantor , in the consideration of --------------One Dollar - - - - - ----- - - - - - - paid to my -full satisfaction by CLAYTON R. DeGRAFF and ERNESTINE 0. DeGRAFF of South Burlington in the County of Chittenden and State of Vermont Grantees , have REMISED, RELEASED, AND FOREVER QUIT -CLAIMED unto the said CLAYTON R. DeGRAFF and ERNESTINE 0. DeGRAFF, husband and wife, as tenants by the..entirety all right and title which I, OMER L. MOREAU or my heirs have iri, and to 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 with all buildings thereon situated on the west side of Patchen Road, having a frontage thereon and width of 40 feet and a depth of 107.E feet, and being bounded on the south by land of Beatrice Alger. Being all and the same land and premises conveyed to said Omer L. Moreau by Warranty Deed from Clayton R. DeGraff and Earl C. Sweeney dated May 27, 1954 and to be -recorded in Vol. 35, Page i yo -of the Town of South Burlington Land Records. No documentary stamps are required by law on this deed. TO HAVE AND TO HOLD all my right and title in and to said. quit- claimed premises, with the appurtenances thereof, to the said CLAYTON R. DeGRAFF and ERNESTINE 0. DeGRAFF, husband and wife, as tenants by the entirety, and their heirs and assidits forever. AND FURTHERMORE I the said OMER L. MOREAU do for myself and me heirs, executors and administrators, covenant with the said CLAYTON R. DeGRAFF and ERNESTINE 0. DeGRAFF, their heirs and assigns, that from and after the ensealing of these presents the said I OMER L. MOREAU will have and claim no right, in, or to the said quit -claimed premises. IN WITNESS WHEREOF, I hereunto set my this 27th day of May In Povena of v � . hand and seal .4. D. 19 54 STATE OF VERMONT, t Jt B urlington . this Chittenden County f SS' 27th day of May .4. D. 19 54 OMER L. MOREAU personally appeared, and he acknowledged this instrument, by him : sealed -and subscribed, to be his ree ct and deed. Before one Notary Public 0Q an) 0 O 0 • w z zv,H LLJ LL o 0)a Q W W 4-3 U W cal Z O cc W i V Z W > OJ Q W W W u o CL �- W .� 0 QC W Cr I I V p O O W < m Q i'r. MORTGAGE DEED Know All Men by These Presents cT�tat~we� CL�iYTON R.�DEGRAFF and ERNESTINE .0..DWRAFFa _........husband and wife ................. of.............Soath.Burlington................................. County of Chittenden and _.... .............. ty State of Vermont, for and in consideration ofbyen... d=d...2ad....,iitYex3fii�.8�#..:...... 7.28 ..:....Dollars paid to.11f.7.17..1full satisfaction by the BURLINGTON FEDERAL SAVINGS &LOAN ASSOCIATI N, a corporation organized and existing under the laws of the United States of America and having its office and principal place of business in Burlington, County of Chittenden and State of Vermont, the receipt whereof is hereby acknowledged, do ............... GIVE, GRANT, BARGAIN, SELL, CONVEY AND CONFIRM unto the said Savings & Loan Association its successors and assigns forever, the following described piece or parcel of land in ................. ... .............. County of Chittenden and State of Vermont, viz.: A triangular piece of land with no buildings: Beginning at the northeasterly most corner of the Clayton R. and -Ernestine DeGraff property in the westerly line of Patchen Road, said point being marked by a concrete monument; thence southerly in and along the westerly line of Patchen Road 148.65 feet to an iron pipe driven in the ground; thence deflecting to the right 85o 13' and extending 268.16 feet to the monument that marks the northwesterly corner of said DeGraff's said land; thence northeasterly in and along the.southerly line of land owned or formerly, owned by Fred DeGraff 317.2 feet to the point or place of beginning. Being a portion of the land and premises conveyed to said Clayton R.. and Ernestine 0. DeGraff by Executor's Deed from Eugene J. DeGraff, Executor of the Estate of Virginia DeGraff, dated August 25, 1950 and recorded in Vol. 22, Page 312 of the Town of South Burlington Land Records. Reference is made to a plan of land of Virginia DeGraff Estate., dated August 211, 1950, and recorded in Vol. 28, Page 4 of said Land Records. Together with all buildingp and improvements now or hereafter placed thereon, and all plumbing, heat- ing and lighting fixtures, gas and electric ranges and equipment, now or hereafter attached to and used in con- nection with said premises and buildings thereon. TO HAVE AND TO HOLD the above granted and bargained premises, and all improvements, fixtures and equipment now or hereafter attached to and used in connection therewith, with all the privileges and ap- purtenances thereof and thereto belonging, to the said Savings & Loan Association, its successors and assigns, to its and their own proper use, benefit and behoof forever; and........ NO..............the mortgagor herein, do. -_......_-for .P...M.0.17 ....�4 ..........................and .-...btu'.._....-....heirs, executors, administrators, successors and assigns, covenant to and with the said Savings & Loan Association, its successors and assigns, that at and until the ensealing of these presents .......we...are................... ...-............ .--................................... ..._....... -well seized of the premises in fee simple; that.......-TdO........ have good right and lawful authority to bargain and sell the same in manner and form as above written; that they are FREE AND CLEAR OF ALL ENCUMBRANCE; and that.......Xe...............will WARRANT AND DEFEND the same against all lawful claims and demands of any person or persons whomsoever. THE CONDITIONS OF THIS DEED ARE SUCH, that if the said mortgagor shall pay unto the said Association, its successors or assigns, THE SUM OFEleven„Thousand Seven Hundred and Seven,�teen - ------------ - - -- Dollars, with interest, as provided in a certain promissory note of even date herewith, signed by ....... - .... ........ .-............ CLAYTON R. DDGRAFF and ERMTINE 0. DEGRAFF ................................................. _................................................................................... _...................................................................................................................... - and made payable to the order of said Association according to the tenor thereof; keep and perform the cove- nants, options, agreements and stipulations set forth in said note; pay any and all other indebtedness of said mortgagor, or of any of them, to said Association, its successors or assigns, heretofore or hereafter contracted, whether accruing directly between the parties hereto or by way of transfer, assignment, endorsement, or other- wise; pay when due and payable all taxes and assessments of every kind levied against said mortgaged property and promptly deliver to said Association, without demand, the receipts evidencing such payments; keep the - buildings now or hereafter standing on said premises well insured against loss by fire and other hazards for the benefit of said Association, its successors or assigns, in such an amount and in such company as shall be ap- proved by said Association, it successors or assigns, and promptly pay for such insurance as the same becomes due and payable and deliver such insurance policies to said Association together with receipts acknowledging payment of premiums or assessments thereon; in the event of any loss by fire or other hazards, the mortgagor will give immediate notice by mail to the mortgagee, who may make proof of loss if not made by the mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to the mortgagee instead of to the mortgagor and the mortgagee jointly, and the insurance proceeds, or any part ._ thereof, may be applied by the mortgagee, at its option, either to the reduction of the indebtedness hereby se- cured or to the restoration or repair of the property damaged; not permit or suffer waste of said property; make all necessary repairs, maintain said property in good condition and not allow it to be occupied for any pur- pose other than that for which it is now used; not make any material alterations of said property without the written consent of said Association; not allow the premises to be used for any improper purpose nor in violation of any law, ordinance or regulation and comply with all conditions hereof, then this deed,to be void, otherwise of full force and effect. In the event of foreclosure of this mortgage or other transfer of title to the said premises in lieu of fore- closure, then all right, title, and interest of the mortgagor in and to any insurance policies then in force shall pass to the mortgagee or grantee. It is further agreed between the parties hereto and a condition hereof that, in case said mortgagor defaults in complying with and performing any of the conditions and obligations herein set forth, said Association may perform such conditions and obligations and expend such money as may be necessary to do so, and all money thus expended by said Association shall become and be a debt due and owing from said mortgagor to said Association and be secured by this mortgage. It is further agreed between the parties hereto and a condition hereof that, in the event the ownership of the mortgaged premises or any, part thereof becomes vested in a person other than said mortgagor, said Asso- ciation may, without notice to said mortgagor, deal with such successor or successors in interest with reference to this mortgage and the debt hereby secured in the same manner as with said mortgagor, without in any way vitiating or discharging said mortgagor's liability hereunder or on the debt and obligations hereby secured, ell and no forebearance on the part of said Association, and no extension of time for the payment of the debt and performance of the obligations hereby secured, given by said Association, shall operate to discharge, modify or affect the original liability of said mortgagor, either in whole or in part; that, upon default in the payment of the debt and obligations secured by this mortgage, said Association is hereby fully empowered and author- ized to collect and receive any and all rents from any tenant occupying said mortgaged premises and, in case said premises are vacant, to rent or lease the same at such rental as said Association deems reasonable and apply all rents thus collected, less a reasonable percent on the amount collected and any expenses connected therewith, first to the payment of interest due and the balance on the principal; that all expenses incident to foreclosure proceedings under this mortgage, including a reasonable attorney fee, shall be allowed by the Chancellor and be included in the amount of the decree, or allowed to said Association in case the foreclosure proceedings are adjusted before final decree, and that on failure of performance of any of said conditions and obligations for a period of thirty days, the entire balance of said indebtedness shall unmediately become due and payable at the option of said Association without further demand or notice. IN WITNESS WHEREOF .................. _hereunto set...... o.Ltr............. hand s and seal s this.......22nd........ dayof.................... Ma.Y............................................................ I A.D. 191.....• In presence of: ...Z ........................ ..... _ _ ......................'.... STATE OF VERMONT, 1 aa. CHITTENDEN COUNTY, r .......... ......... _................ ........ .................. _........................ .._....-. [LS] Personally appeared at Burlington, in said County, ........................................CLAYTON..R.r.__DDGRAFF_it4 .... NTI.+'VEr...O.....I?kJCtRA.k'F.............. ......................................_...._.................. the signers and sealers of the above written instrument, and acknowledged the same to be.....thair..._........ freeact and deed this ................... 22nd...........I........... ...... ._.,.._...—..day of -_...... Kay ...... ...__................................... .....M......... A.D. 19..56.. Before me, ._.....`.�.........._. ................ Notary Public. a F '4I �O C. 0 O n ZT 0 pC o R r. a .C• % a `0 a r (A ar O DISCHARGE z� Enr R�0-4 z =OH zzo >0-11 Ot7l n �r zz 01 l7 o The conditions of this mortgage deed having been fully paid and satisfied, said mortgage is hereby dis- charged. Signed and sealed at Burlington, Vermont, this..............29th day, of ............January ................................. "Vermont Per!�•,! -fn ; 80.and Loa'r1 A.D. 19..... AQ cc,,aa ppn( _ In presence of: / hSRLFfitOli t L Q LOAN SSOCIATION, ..... .1. -.��.i4�. ................. Mar �'M. Pidgeon � Richard L. Morga4�ige r �agetS irvice Offic V r r i Tu�i/e La w �r�nl. Pu0/�sheis. Ru//end,Yl. r1 J isbat I, Beatrice DeGraff Alger, widow, Of South Burlington and State of Vermont natural love and affection paid to my full satisfaction by 0. DeGraff, husband and wife, of South Burlington in the County of Chittenden Grantor , in the consideration of Clayton R. DeGraff and Ernestine in the County of Chittenden and State of Vermont Grantees , by these presents, do freely Oibe,-grant, &dt, Conbep aub (Confirm unto the said Grantees, Clayton R. DeGraff and Ernestine 0. DeGraff, husband and wife, as tenants by the entirety, certain. piece of land in County of Chittenden follows, viz: and their South Burlington heirs and assiJns forever, a in the and State of Vermont, described as A certain strip of land fronting'on the westerly side of Patchen Road, so called, in said Tovm of South Burlington immediately adjacent, on the south, to land and premises now owned by the herein grantees, more particularly described as follows: Beginning at the northeasterly corner of land and premises conveyed to the herein grantor by executor's deed of Eugene DeGraff, executor of the Estate of Virginia DeGraff dated August 25, 19509 of record in volume 22 page 298 of the land records of the Town of South Burlington which point is the southeasterly corner of certain land and premises of the herein grantees; THENCE proceeding westerly a distance of 107.6 feet along the southerl; boundary line of said land and preml ses of the herein grantees to the northeasterly corner of the said land and premises so conveyed by executor's deed to the herein ?rantor; THENCE turning and running southerly along the westerly boundary of said lands so conveyed to the herein grantor a distance of 15 feet; T.IWCE turning and running easterly a distance of 107.E feet in a line »arallel with the northerly line of the property hereby conveyed to the westerly line of Patchen ::oad; N. TH-EMCL turning and proceedingnortherly along the westerly side of Patchen Road a distance of 15 feet to the point of beginning. Reference is hereby made to the aforementioned deed and the record thereof and to all deeds and records therein referred to in aid of this description. The herein grantees are brother and sister-in-law of the herein grantor and this conveyance is made in consideration of natural love and affection and reauires no Federal documentary stamps. 190 babe anb to bOlb said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee s, Clayton R. De Graff and Ernestine 0. DeGraf f, husband and wife, as tenants by the entirety, their heirs and assigns, to their own use and behoof forever; .lnd i the said Grantor, Beatrice Deuraff :Amer, for myself and my heirs, executors and administrators, do covenant with the said Grantees, Clayton R. DeGraff and Ernestine 0. De Graff, husband and wife, their heirs and assigns, that until the ensealing .f these presents I am the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are jf ree f rout eberg encumbrance-, ,"*N and I hereby engage to Uarrant anb ref TO the same against all lawful claims whatever, .3rt itrtegg Mbereof, I hereunto set my hand and seal this z�- 7d day of August .4. D. 19 63 ,InPresencr of ii I j&tate of Vermont, gg. .flt Burlington this C::ITTEITDLTT Countp day of Au3ust .4. D. 1963 Beatrice DeGraff Alger personally appeared, and she her sealed and subscribed Before me acknowledged this instrument, by WARRANTY Beatrice DeTraff Alger TO ay ton i,. DeS raff and nestine 0. DeGraff = �)A ,August �7jg A963 - -�-- CLERKS OFFICE RECEIVED FOR RECORD A . D.,19 A. OCLOCK MINUTES M. AND RECORDED IN BOOK " PAGE a D !k OF LAND RECORDS ATTESTJA'e'.' CLERK RECORDERS FEE FORM 1 VERNIONT WARRA, DEED TUTBLANX REGISTERED US PAT.OMCi rutt/e Law Print. Publishers. Rutlatn N" ��JJ _"10-11 11441f 1 , That we, VICTOR A. LAMBERT and VIVIAV M. LAMBERT, 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 Q CLAYTON f. DeGRAFF and ERNESTINE 0. DeGRASF, Husband and Wife, of South Burlington in the County of Chittenden and State of Vermont drantees , by these presents, do freely 0lbe, grant, *tit, Conbep aitb confirm unto the said Grantees R. CLAYTON -ff. DeGRAFF and ERNESTINE 0. DeGRAFF, Husband and Wife, as tenants by the entirety, and their heirs and assiins forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follou's, viz: A lot of land on the west side of Patchen Road, containing one acre, more or less, and being the same land and premises conveyed to Clement Parson and Edna Parson by Raymond A. DeGraff by his warranty deed dated May 25, 1955, and recorded in Book 35, Page 454, of the Land Records of the Town of South Burlington, and also being the same land and premises conveyed to the herein grantors by the said Parsons by their warranty deed dated August 15, 1956s and recorded in Book 399 Page 391, of said Land Records. Reference is here made to the aforesaid deeds and the records thereo; and to all deeds therein referred to and the records thereof, in aid of this description. t `S TO babe anb U bOlb said granted premises, with all the privilejes and -ap- purtenances thereof, to the said Grantee s, ti• CLAYTON,Z. DeGRAFF and ERNESTINE 0, DoGRAFF, Husband and Wife, as tenants by the entirety, their heirs and assifns, to their own use and b ehoof forever; ,qn we the said Grantors, VICTOR A. LAMBERT and VIVIAN M. LAMBERT, for ourselves and our heirs, executors and administrators, do covenant with the said Grantees t CLAYTON E. DeGRAFF and ER�VESTME 0. DeGRAFF, Husband and Wife, .as tenants by the entirety, their heirs and assigns, that until the ' ens ealin j of these presents we are the sole owners of tFe premises, and have good rifht and title to convey the same in manner aforesaid, that they are Tree from eberg encumbrance; A -IN and we hereby en fa fe to warrant anb 3aef etib the same against all lawful claims whatever, 3n itneog; bereof" we this day of 2Inpresenct of Mate of Vermont, CRIT'TENDEN Countp /5'Vt hereunto set our hands and seals July .d, D. 19 57. Burlington day of July VICTOR A. LAMBERT and VIVIAN M. LAMBERT this .4. D. 19 57 personally appeared, and they- acknowkdied this instrument, by them sealed and subscribed, to be rjact a deed. Before me Notary Public fi WARRANTY s a - J VICTOR A. LAMBERT and V IV IAN M. LAMBERT TO CLAYTON H. DeGRAFF and ERNESTINE 0. DeGRAFF -.a A957. - CLERKS OFFICE RECEIVED FOR RECORD L 1 E 'Olt X,, 16 -A. D.,19 3 7 .; a ATE—OCLOCK MINUTES Q M. AND RECORDED IN. BOOK Ni— PAG E�1_L—OFLAND RECORDS ATTEST Z&- �o- CLERK RECORDERS FEE 7 __N MORTGAGE DEED Anobn RU Aen by Xbot VretentsS r 9bat we, CLAYMN R- DAGEA�r.d ERNEBr Q- reGRAER Of 4ovth Rtirl ingi-nn , County of Chittenden and State of Vermont, for and in consideration of Five Thousand — — — — — — — ' - T - - - - - - - -Dollars paid to Snnil r full satisfaction by the BURLINGTON FEDERAL SAVINGS & LOAN ASSOCIATION, a corporation organized and existing under the laws of the United States, of America and having its office and principal place of business in Burlington, County of Chittenden and State of Vermont, the receipt whereof is hereby acknowledged, do hereby GIVE, GRANT, BARGAIN, SELL, CONVEY AND CONFIRM unto the said Savings & Loan Association, its successors and assigns forever, the following described piece or parcel of land in South Burlington , County of Chittenden and State of Vermont, viz.: Parcel #2 as shown on the plan of Virginia DeGraff Estate, lying westerly of Patchen Road, and described as follows: A parcel of land with house and barn thereon located on the west side of Patchen Road and bounded as follows: Be -inning at a point where the south line of property belonging now or formerly to Fred DeGraff intersects the west line of Patchen Road, said point marked by a concrete monument; thence running westerly in the south line of said DeGraff 317.2 feet to a monument in the east line of land belonging now or formerl-r to James DeGraff; thence turning, forming On angle of' '124t-361 on the land herrein•conveyed, and running southerly in the east line of said DeGraff 385.5 feet to a blazed tree in the north line of the property of the Burlington Hebrew Eoly'Society;' thence .turning, forming an angle of 55'--061 on the property herein conveyed, and running easterly in the northerly line of the property of the Burlingtor Hebrew holy 39ciety 160-feet more or less to an iron pipe marking the southwest corner of a certain piece of property conveyed to the Burlington Hebrew Holy Society by Mrs. Virginia DeGraff, of record in Vol. a 2 on Page 19 $ of the Land Records of the Town of South Burlington; thence turning a right angle and running northerly 20 feet along the west line of property aboge mentioned; thence turning a right angle and running easterly 20 feet along the north line of pro- perty above mentioned; thence turning a right angle and running souther- ly 20 feet along the east:.line of property above mentioned to a point in the north line of property of the Burlington Hebrew Holy Society; thence turning, forming an angle of 90'on the property herein conveyed and running easterly along the north line of the property of the Burlington Hebrew Holy Society 15.5 feet to a point marking the,west boundary of Parcel #1, so-called, of the Estate of Virginia DeGraff; thence turning, forming an angle of 122°-541 on the propert herein con- veyed, and running northerly along the west line of Parcel l0 so-callec 181.6 feet to a monument; thence turning, forming an angle of 268* -27 1 on the property, and running easterly along the north line of Parcel #1, so-called, 107.6 feet to a monument in the west line of Patchen Road; thence turning, forming an angle of 92' -331 on the property herein con- voyed, and running northerly in the west line of Patchen Road 270.7 feel to the place or point of beginning. Being all and the same land and premises conveyed to said Clayton R. anc Ernes all 0. DeGraff by Executor's Deed from Eugene J. DeGraff, Executor of the Estate of Virginia DeGraff dated August 25, 1950 and to be recorded in Vol. z 1- Page rj of the Town of South Burlington Land Records . Together with all buildings and improvements now or hereafter placed thereon, and all plumbing, heat- ing and lighting fixtures, gas and electric ranges and equipment, now or hereafter attached to and used in con- nection with said premises and buildings thereon. TO HAVE AND TO HOLD the above granted and bargained premises, and all improvements, fixtures and equipment now or hereafter attached to and used in connection therewith, with all the privileges and ap- purtenances thereof and thereto belonging, to the said Savings & Loan Association, its successors and assigns, to its and their own proper use, benefit and behoof forever; and we the mortgagor herein, do —for ourselves and _ our heirs, executors, administrators, successors and assigns, covenant to and with the said Savings & Loan Association, its successors and assigns, that at and until the ensealing of these presents vie are well sei: 1 of the premises in fee simple; that we have good right and lawful authority to bargain and sell the sa :n manner and form as above written; that they are FREE AND CLEAR OF ALL ENCUMBRANC:. f•k• - and that we will WARRANT AND- DEFEND the same against all lawful claims and demands of any person or persons whomsoever. THE CONDITIONS OF THIS DEED ARE SUCH, that if the said mortgagor shall pay unto the said Association, its successors or assigns, THE SUM OF Five nious and— — — — — — — — -- Dollars, with interest, as provided in a certain promissory note of even date herewith, signed by CLAYTOIT R. DeGRAFF and_ERITESTTi1E o— neGRAFF and made payable to the order of said Association according to the tenor thereof; keep and perform the cove- nants, options, agreements and stipulations set forth in said note; pay any and all other indebtedness of said mortgagor to said Association, its successors or assigns, heretofore or hereafter contracted, whether accruing directly between the parties hereto or by way of transfer, assignment, endorsement, or otherwise; pay when due and payable all taxes and assessments of every kind levied against said mortgaged property and promptly deliver to said Association, without demand, the receipts evidencing such payments; keep the buildings now or hereafter standing on said premises well insured against loss by fire and other hazards for the benefit of said Association, its successors or assigns, in such an amount and in such company as shall be approved by said Association, its successors or assigns, and promptly pay for such insurance as the same becomes due and pay- able and deliver such insurance policies to said Association together with receipts acknowledging payment of premiums or assessments thereon; not permit or suffer waste of said property; make all necessary repairs, maintain said property in good condition and not allow it to be occupied for any purpose other than that for which it is now used; not make any material alterations of said property without the written consent of said Association; not allow the premises to be used for any improper purpose nor in violation of any law, ordinance or regulation and comply with all conditions hereof, then this deed to be void, otherwise of full force and effect. It is further agreed between the pasties hereto and a condition hereof that, in case said mortgagor defaults in complying with and performing any of the conditions and obligations herein set forth, said Association may perform such conditions and obligations and expend such money as may be necessary to do so, and all money thus expended by said Association shall become and be a debt due and owing from said mortgagor to said Association and be secured by this mortgage. It is further agreed between the parties hereto and a condition hereof that, in the event of the ownership of the mortgaged premises or any part thereof becomes vested in a person other than said mortgagor, said Asso- ciation may, without notice to said mortgagor, deal with such successor or successors in interest with reference to this mortgage and the debt hereby secured in the same manner as with said mortgagor, without in any way vitiating or discharging said mortgagor's liability hereunder or oil the debt and obligations hereby secured, and no forebearance on the part of said Association, and no extension of time for the payment of the debt and l)erforivance of the obligations hereby secured, given by said :association, shall operate to discharge, modify �)r.atf;St..the original liability of said mortgagor, either in whole or in part; that, upon default in the payment rif the debt and obligations secured by this mortgage, said Association is hereby fully empowered and author- iz to collect and receive any and all rents from any tenant occupying said mortgaged premises and, in case id premises are vacant, to rent or lease the same at such rental as said Association deems reasonable and apply all rents thus collected, less a reasonable percent on the ELmount collected and any expenses connected therewith, first to the payment of interest due and the balance on the principal; that all expenses; incident to foreclosure proceedings under this mortgage, including a reasonable attorney fee, shall be allowed by the Chancellor and be included in the amount of the decree, or allowed to said Association in case the foreclosure proceedings are adjusted before final'decree, and.that on failure of performance of any of said conditions and obligations for a period of thirty days, the entire balance of said indebtedness shall immediately becorfie due ; and payable at the. option of, said Association withqut.further demand or notice, IN WITNESS WHEREOF W e hereunto set_ 011"_hand 8 and seal 8 this 30th day of - Au }ust , A.D. 19.5Q_ In presence of: N.. [LS] [LS] STATE OF VERMONT, ss. CHITTENDEN COUNTY, Personally appeared at Burlington, in said County, CLAYTON R . UeaRAFF' ,and ER1�fES TiT1E 0. l; eGRAF'P the signer s and sealer a of the above written instrument, and ;acknowledged the same to be their free act and deed this 30 th day of _ August , A.D. 19 50 Before me, — �f Notary Public. .I A a o � y N 0q G �p P G. C C•� O H 00 �'.. - .:.a .,. _ _ .., a?Y:=ryy-!'+!!d"."".-�,.sir.airv-:.atr�.;.•.,•1..e•r.., .- - .r..�....r-;rc.✓i'.:-_ ---' .- :. - tom'. �_._. .-. _. .. d A N ••� A C • i . JJ O. z EA Z y 01. z y av H w y �y 0 a z z CD (> M O 0 d ,., 0 a < x l� z DISCHARGE The conditions of this mortgage deed having been fully paid and satisfied, said mortgage is hereby dis- charged. y , Signed and sealed at Burlington, Vermont, this • 39 ti1 day of ,_January► A.D. 19 80 "Vermont Federal Savvings enre ' In presence of: BURLYN�TO '► formerly AssociATiox, Nary Pidgeon BY — - S. '•, __Went Aut orK ized. ynthia A. Duncan Richard L. Morgan, Mortgage Service Officer V t WARRANTY DZZD •Na.NewoN ran., auauNaTeN. W. tot to W all AL41% hu th was, CLAYTON R. DeGRAFF and ERNESTINE Oe DGGRAFF I .1 of South Burlington in the County of i Chittenden and State of Vermont Grantors , in the consideration of ten and more I Dollars paid to our full satisfaction by • OMER L. MOREAU _ of Burlington in the County of Chittenden and State of Vermont Grantee , by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee OMER L. MOREAtr and hi a heirs .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 with all buildings thereon situated on the.west side of Patchen Road, having a frontage thereon and width of 40 feet and a depth of 107*6 feet, amid being bounded on the south by land of Beatrice Alger. t Being a part of the land; and premises --,conveyed to. said Clayton R. and Ernestine 0. Deariff by deed from Eugene de DeGraf�', Executor of the estate of Virginia Dedraff, dated August 25, 19 0 and recor- ded in-vol* 22'•page-..,312 of the town of_, South Burlington land' records. Said land and premises•are ceubjgct to a mortgage to the Burlington Federal Savings and,Loau Association, which the grantors herein agree to pay according to its terms and conditions an& to save the grantee herein, his heirs and assigns, harmless from the effects of said mortgage on this parcel herein conveyed. No documentary stamps are required by law on this deed. i n •j i I TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee - OMER L. MOREAU and his heirs and assigns, to their own use and behoo f forever; And we the said Grantotsi CLAYTON R. DeaRAFF and ERNESTINE 0. DeQRAFF f or ourselves and our heirs, executors and administrators, do covenant wit%� the said Grantee ' OMER L. MOREAU q his heirs and assigns; that until the ensealing of these presents we are the sole owners f the premises, and have good right and title to convey the some in manner aforesaid, that they are FREE hOM EVERY ENCUMBRANCE; except said mortgage, and we hereby engage to; WARRANT AND DEPEND the some against all lawful Maims whatever? . IN WITNESS VHEREO , we this 12t� day of ,in Prise re of hereunto set our November A. t I +,: YJ f • 530 bands and seaA. '. .:if=� i. .+?, i:i ; :C)i.y:'• :U �:. .j,i •' •(:. ,[;j,,'. ,'; {::;°•,�.1ii ::ti'.i • ii. ' •,•/f: .• i• LIB •!�1?• .J' •l.� � ••V �� ' _I r' � - {...r •`�s s ��F�11 .,'��+i •{ �{.. i r� .`:. .a.., .. .f. .. •.J1ti '1S li i. •� ._I Z Sa4a r.; ;;• ,; 6".1c :��p,:c, . r,4:t � 3CO: � 1W" arra. ����� .:,;z..' . k�; � :* . � �t• ;� /,°rc:,:. . STATE OF VBRMONT�_ I At Burlington ••'�-M s� ,Y• C_HITT�ENDEZ�►' % '�o }r '7°�`-1.) : o V F'�t 'day o f "#oveer sj:i 7A 73:1953 " `.mot+ T��~J •: i'�"M�' � �fr •,j'X.�3'f7�i ���R.��' i +�7 �1 E. -L�'Y .. i.?•:. / •. ,\.. tii.• . l/fir J:%y,� . {CLA7 "' bl " z DsGRAFF - =dr ERNESTINE 0. De AFF.,, , Y'�+. .: 1.3 .il rCi•�>�� '��^ �.• •': Ei l.' LT4N •. ., ,. � ^!.� •: L. 1 f persona![YappE�arFd;�and ° �.they " .-Y ')'oc�Enoivledged ibis inter"umant, by :J `cheat' 3 �� Jea ed and' subscribed; to •be ' ' the it ' : f res act and deed f• • ; � •,r:�.S tL; c;: i � .. , .. ;Before me • ,. NOTARY PUBLIC. 5" ... ...... _�•. �....,..�.:�ai+•.---� yaY:,..�....... L- .. .I;�i':T'�"^�""7s•-•..•.. .. . ••fir•• .-" ai °-' 0 ° u W Y o .a 4z 43 �1 W z z I � o U , W 4-3 W > rq 4, z O iA h. 0 ° 3J =� W U { W LL'W > u 0 ° a '� gK� W u 0 n. //�� O ° W F- W W a' Y W 0 a F' Q O O 0 U W � a a a - k";.:+ ,39S.5- 136.912' Parc, B) (/. +7 A) f a , krz.os 14F.4'.5, 1.Z.22, m z 0 C: DI-D .6191 I bU d ter. '� ,p,�P :� 4F'.,+1 •TT:Y �\\ '� • .. Ike':: �;� '�:'�,+-_=:;: :: � :..1',.x•;•:���.,.wp„ � � ,,1 • , •' !, I' 1 • �:+, �!`r``� +NCI �'.s. :�f1: r .,.Ip,y",C,tmr' ""�{`.a. 1!'1,,: �� k�' J!�` yp _{ "r:; U 11 'T`"'i. `�' � • own i' WO ytt. i to , • .._r .5,.:ari .k;.. `�: =,.� ��\ • • F: ��.a kcltE.rS•' ' •Fa � v ,1 ,1� • �•••• •� pals , • .per i • • . ••• I ik-I • M�^ 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 January 16, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: 10 unit P.R.D., Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed are the 11/7/89 Planning Commission meeting minutes. Please call if you have any questions. ince eely L• oe Weith, City Planner 1 Encl JW/mcp 1 - 3 er o ire L'✓I Gi-p.1 �I�PM1T , /"c 611/SC- ds.,o.,m o6p ..� -fie 1AC4US t7- mat' t i2 s T i •ter .`�F,�a.ZoA -S14- 7- r � x 2C0 LE l,r U4L� i I 14 A G E N D A South Burlington Planning Commission South Burlington City Hall Conference Room 575 Dorset Street South Burlington, Vermont Regular meeting 7:30 P.M. 1) Other business. Tuesday, November 7, 1989 2) Minutes of October 5 and October 10, 1989. 3) Sketch plan application of Green Acres, Inc. for subdivision of a 282 acre parcel (260 acres in South Burlington) into 12 lots (11 lots in South Burlington), Hinesburg Road. 4) Revised Final Plat application of Cooley -Wood Corporation for construction of a 10 room, second floor addition to the Ho -Hum Motel, 1660 Williston Road. 5) Revised Sketch Plan application of Design Development Inc. for: 1) boundary line adjustment and merger of 3 lots into two lots of 2.58 and 0.36 acres; and 2) construction of a 10 unit planned residential development on the 2.58 acre par- cel. 6) Sketch Plan application of Harold and Eleanor Benson to subdivide a 3.7 acre parcel into two lots of 2.28 acres and 1.42 acres, Executive Drive/Patchen Road. 7) Site Plan application of Salamin Handy for construction of a 3,325 square foot building for convenience store and service station use (Cumberland Farms), 984 Shelburne Road. 8) PUBLIC HEARING: Consider proposed amendments to Sections 18.112 and 19.35 of the South Burlington Zoning Regulations regarding the measurement of the height of structures. 9) PUBLIC HEARING: Consider proposed amendment to the South Burlington Official Zoning Map to change the zoning district of the 1.7 acre City owned parcel located on the northwest corner of Spear Street and Deerfield Drive from Residential 1 to Parks and Recreation. R eEctfu ly submitted, oe Weith, City Planner 2/13/90 JW MOTION OF APPROVAL I move _the South Burlington Planning Commission approve the preliminary plat application of Design development, Inc. for subdivision of a 2.5 acre parcel into 0,33 a •• d 0.22 AZ'-­s and construction of an 8 unit planned residential development on the 2.35 acre parcel as depicted on a 2 page set of plans entitled, "Property Survey, *355 - #357 Patchen Road, South Burlington, Vermont," prepared by Pinkham Engineering Associates, Inc. and dated 12/14/89, with the following stipula- tions: 1. The applicant shall post a $7,100, 3-year landscaping bond prior to permit. The landscape plan shall be revised prior to final plat to show the number of proposed plantings, 2 1/2" caliper maple and a dense stand of pine along the rear property line of the duplex lot. 2. A sewer allocation of 2,400 gpd is granted. The applicant shall pay the $2.50 per gallon fee prior to permit. 3. The applicant shall contribute $6,300 to the City's sidewalk fund in lieu of constructing a sidewalk along Patchen Road. This fee is based on 420 feet of frontage at $15 per foot. 4. The plan shall be revised prior to final plat to show the following: a. The 4 parking spaces for the duplex moved back 15 feet away from Patchen Road. b. Proposed lighting plan indicating the location and types of lighting. All lighting shall be downcast luminare. l:Lot sizes and lot numbers. d A fire hydrant in a location to be approved by the Fire Chief. e• An 8 inch sewer from existing manhole to new manhole instead of a 6 inch. ,�. A clean out for the 4 inch sewer service about midpoint in the lawn area. 5,9. A recreation fee of $200 per unit shall be paid prior to permit. 6 K The Planning Commission waives the 50 foot P.U.D. setback. It is the Commission's opinion that due to the topography of the property the placement of buildings and pavement within the 50 foot P.U.D. setback is unavoidable. The proposed uses are com- patible with the surrounding uses and will create no adverse impacts to surrounding properties. aloo., aceep74af, 1piov�tivn a 54✓rt f,%i at e- in { is l SWe a 4 any un %>< Copt s �i' f✓ S �t 5 Q S a (C. c{ a {.�, r c/ Z 6 le- %, v s i .-t j. -7-4. de a; Is o f -M, p.f, v, st-alf be Prjor U tjnjt p12 . $ 7hs Final/at s�4�/ Sltoa. a �o�clesfr�anr� e�ser.,�K>�- alom-y 40 ., z I n t s kle t o l a f 2 ir./ of cle � u a � ! c� Dori o r i /a c k i..3 AILa r./� s ire Q/&S e V tabl T . 9' . Legal documents for the pedestrian easement shall be submit- ted to the City Attorney for approval and shall be recorded prior to permit. )►torsi h S a� -�-� is G� �o�,, ra v a s n v dha vo I t� . CITY OF SUIPH I3URILINC; ICON Subdivision Application - SKIN-'H Ple'1N 1) Name, address, and phone number of: a. Omer of record f-SZi--,1G l,,IF� b. Applicant T 1 �� F� ( �y/\� �t V C LOP/�lEh( (`-�1`(C, 14 L. Co L c H E s TEIZ, ED E X \L i V T a L+S-2 Ct?, 7 E5 -- GC-, c. Contact person J o t-4 to C-12Rc-) AAA A5 A(a0VL 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Z �jFr rc�l� 5 t7E 2 uN (( io i &L-tc4 LL- �c Bv, LT GiA S� 14C06` 3) Applicant's legal interest in the property (fee simple, option, etc) ?L/P`c (4 As E A 5A L (S CmN RA-c-T-" 4) Names of owners of record of all contiguous properties t\` !�j TO O L( I GhV- L V L/ C iW� , IJ E�Lc--,P � cs-GN(cDC- 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. EN cv,L.tr?2�4n(cE� ck� V-\/ I ,A 1;7 w.a f 0 JcS G77 VV E,< L A— ENT 5 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. 2LA K 7� J( E /V c ulVl�t l� f ►4 i c- N ��( 7) Describe any previous actions taken by the Zoning Board of �p Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: 8) Submit five copies and one reduced copy (8 1/2 x 11 or 8 1/2 x 14) of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scaLe (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. dat -2- A G E N D A South Burlington Planning Commission South Burlington City Hall Conference Room 575 Dorset Street South Burlington, Vermont Regular meeting 7: 0 P.M. Tuesday, February 13. 1990 1) Other business. 2) Discussion with South Burlington Realty Corporation regard- ing 190,000 square feet of office, retail and restaurant use in 3 buildings Corporate Way, City Center. 3) PUBLIC HEARING: Preliminary Plat application of Design development Inc. for subdivision of a 2.58 acre parcel into two lots of 2.35 acres and 0.23 acres, and construction of an 8 unit planned residential development on the 2.35 acre parcel, Patchen Road. 4) Site Plan application of Gregg Beldock for automobile lubri- cation and car stereo service use in an existing 6,589 square foot building, 1525 Shelburne Road. Res ec�tfu%llyy submitted, [/C/�i / Joe Weith, City Planner Dif�-m(Tr Arvt6- Ida Foti '), �,s P4,%cCL "��s x q/� L w e " i -a19 /?d R. (I u n('74, Sao Zq 3so�VII 3.;L- U,/i%S l Charles Shea, 1435 Dorset Street: home is on 10-.1 ? acre lot in SEC±; Senior partner with firm (name) with clients who are major developers in SEC! (?) '1`�rry Meehan, 24 Knoll Circle: Home is or acre lot in SEO; Joe Weith, address: City Planner. { PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hear- ing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, February 13, 1990 at 7:30 P.M. to consider the following: Preliminary Plat application of Design Development Inc. for subdivision of a 2.58 acre parcel into two lots of 2.35 acres and 0.23 acres, and construction of an 8 unit planned residential development on the 2.35 acre parcel. The property is located on Patchen Road and is bounded on the east by B. Alger and the Society of H. Adam, on the south by R. Munson, on the West by Tygate Properties and on the north by E. DeGraff and Patchen Road. Copies of the Preliminary Plat are available for public inspec- tion at the South Burlington City Hall. William Burgess, Chairman, South Burlington Planning Commission January 27, 1990 N �0 r f-A / F IJ RANOAi. L_ G MUNfl OA-/ s\ vole P" g V 1,20, P 39L 1V MAPLV- ---it-__ Ol 5 W 1 Ta o ,� 7?r CL i4 G 31`� �". ` � s IL• �,(/.fig/"/,., 1 i N I F II N OURLINGTON HEbeww Z �V�� S'M'1'a Hot-Y sOcle TV c6MCTGRY I3 ~' �b>�TRIc! A R Ill l / nroP OF EA Al /U 4 G H •— TO NI f,J3� Gr K wILL157QV �[ Z SGweR MN 1 3-q �y..� s4 RIM• 918 7 w_ a° /i BIlt CBi 1. Currant record owner: Erneallns 0. Degraff 7. Beer) nga and dlsu etas wen computed from a cloned total stet ion survey 11 ring• era bawd on obwrved megn.ti. North 1959. 1. Reference Plnnn .. - A) "Property Plnn - Evelyn tAmplough - South Our 11 ngton, Vermont" by Webe tar Na rt in, dated December 1, 1975, Pro j not No. 06_5e 49 ree. rd.d In map vol. 107 page 120. B) ^Plan of land of Virgin to Degraff Estate -Nut Slde Patchen Rond South Burlington, Va rmont." by Hoag L A ... elate• F.nglnesr■ dated August 11, 1910 revland March 22, 1956 for Dayton R. 1 E[ut Ina 0. Dngrn f f�Pl nn no. eye, recorded In ma volume 10 pngn. 5. 4. Total area is 2.41 ecrrs 5. Actual locotlon of Pntchnn Road may not follow eld.11ne me"""ntatlon found In fluid (non .flame to eonte rl in: of road on plan) end may thong. Ae further survey may dlncloan. G. A drain, go ae..mont may ..... across south part of subject property fdralnage may not found of record. P OF [SANK\ 2 _ % I'l d LEGEND O /.. O IROPIFE FOUND \ / 0 CONCRETE MONUMENT FOUND • IRON PIPE TO BE SET • EXISTING SEWER MANHOLE 8— v&v— EXISTING OVERHEAD UTILITY LINE EXISTING WIRE FENCE 1--f-1--f-t-•1-�-r— POST B RAIL FENCE ® EXISTING CATCH BASIN L�����-•� TREE LINE EXISTING CONTOURS EXISTING HYDRANT ' • EXISTING GATE VALVE w EXISTING WATER LINE =1 _NOTE ; WATER MAIN APPROXIMATE PURPORTED TO BE ON WEST SIDE OP ►ATCHEN RD. ELEVATIONS BASED ON SEWER MH, RIMS PER WEBSTER -MARTIN SEWER PLANS. - VICINITY MAP r WINOOSK/ I THIS PLAN IS BASED ON PHYSICAL EVIDENCE FOUND,A FIELD SURVEY, •I THIS PLAN IS, PREPARED AND RECORD RESEACH, 14, Of VERMO FOR JOHN BURROUGHS yT a[aat1N y,. c1,,,LD7 _ _ _ PROPERTY SURVEY ` fIn Nru * LDI A 355 - M 357 PATCHEN RD. ; ' Nn 203 , awt �• •./Wa SO. BURLINGTON , VERMON T FEET �... /� 40 20 0 40 BO 120 160 '"' raol no 6568 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 February 9, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: Subdivision + 8 unit P.R.D., Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, 2/13/90 at 7:30 P.M. to represent your request. Sincerely, 4' "�� Joe Weith, City Planner Encls JW/mcp PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION Preliminary Plat Application of Design Development Inc. for subdivision of a 2.58 acre parcel into two lots of 2.35 acres and 0.23 acres, and construction of an 8 unit planned residential development on the 2.35 acre parcel. The property is located on Patchen Road and is bounded on the east by B. Alger and the Society of H. Adam, on the south by R. Munson, on the west by Tygate Properties and on the north by E. DeGraff and Patchen Road. SOUTH BURLINGTON ZONING NOTICE Appeal of Ernestine DeGraff & John Burroughs seeking a variance from Section 18.00 Dimensional, area and density requirements of the South Burlington Regulations. Request is for permission to set-off a lot containing 9680 square feet with 93 feet frontage from an existing parcel containing 2.48 acres, presently occupied with a two-family dwelling unit located at 357 Patchen Road. We the undersigned approve of the subdivision and construction of the 8 unit planned residential development as warned in the Burlington Free Press on January 27, 1990 and restated above: j_.3v- So DATE / --" �/ - '9d I .3i 9a DAT DATE TO: FROM: RE: DATE: 1. 2. i4�auth +S urltugtnu T ire Department 575 B urs et ttreet �;1 f•r �uutit +,�urlingtun, 7Neruzniit liat[l � �'. , (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY NOVEMBER 7,1989 AGENDA ITEMS WEDNESDAY NOVEMBER 1,1989 HAL BENSEN 2-LOT SUBDIVISION PROPOSED CAR PORTS PLANS REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THE PROJECT. 361 PATCHEN ROAD 8-UNIT DEVELOPMENT PLANS REVIEWED BY THE FIRE DEPARTMENT ON 2-SETS OF PLANS OF DIFFRENT DESIGN. I HAVE A PROBLEM WITH ACCESS FOR EMERGENCY EQUIPMENT ON BOTH PLANS BUT I FEEL WITH SOME WORK THE PROBLEM CAN BE CORRECTED. AT THIS TIME THE PROJECT SHOULD NOT BE APPROVED UNTIL CORRECTIONS ARE MADE. 3. CUMBERLAND FARM PROJECT SHELBURNE ROAD PLANS REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM FOR EMERGENCY EQUIPMENT. J M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: November 7, 1989 agenda items Date November 3, 1989 3) GREEN ACRES, HINESBURG ROAD 1. The 142.2 acre parcel will have an 80 foot future road r.o.w. extended to the Williston Town line when the location is agreed upon with Williston. 2. The lot and road layout plan dated 10/26/89 prepared by Trudell Engineering is acceptable. 4) DEGRAFF DEVELOPMENT. PATCHEN 1. Plan no. 1 will make if very difficult if not impossible to get a delivery truck around the curve near unit. no. 4. 2. Density is too high for the amount of usable land. 3. I think plan no. 2 is better than plan no. 1 but it will still be difficult to drive a delivery truck around the parking island. 6) B NSEN - 2 LOT SUB -DIVISION 1. Residents of the commercial lot shall have access over the residential lot to get to the bank and post office. 2. Plan prepared by Gordon Woods dated April 1986 and revised September 1989 is acceptable. 7) CUMBERLAND FARMS, SHELBURNE ROAD 1. Additional inlets or openinf,s ii, the curb should be provided to drain the parking area. 2. Details such as type of drain pipe, site lighting, sidewalk, sign shown on previously approved plan should apply to new plan. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 November 3, 1989 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: 10 unit PRD, Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, November 7, 1989 at 7:30 P.M. to represent your request. Sincerely, Joe Weith, City Planner Encls JW/mcp I PLANNING COMMISSION -4- AUGUST 22. 1989 5. The Planning Commission approves a maximum building height of 45 feet. It is the Commission's opinion that the additional height will allow the retention of additional green space and thereby enhance the appearance of the developed property. 6. The plan shall be revised to show a retention basin for stormwater runoff. The Plan shall be submitted to the City Engineer for approval prior to permit. 7. The Plan shall be revised so that the proposed buildings meet setback requirements: 60 foot setback from Kimball Avenue. 35 foot setback from the new Public r.o.w.. 30 feet from the rear Property line and 20 feet from the east side property line. 8. The applicant shall submit legal documents (Irrevocable Offer of Dedication) for the new Public street to the City Attorney for review and approval prior to Permit. The new road shall be built. to City specifications. 9. The applicant shall submit a revised plan addressing stipula- tions 6. 7. 10. 11. and 12 to the City Planner for approval prior to permit. 10. A revised plan shall show a sidewalk along Kimball Avenue. 11. Revised Plan shall show limits of conservation zone and 100 Year floodplain. 12. Revised plan shall show temporary turnaround at end of new Public street. This shall be approved by City Engineer. 13. There shall be no storage trailers on the lot. 14. Outside storage area shall be properly fenced and screened, as approved by the City Planner. 15. The building Permit shall be obtained within 6 months or this approval is null and void. The motion was seconded and Passed unanimously. 6. Revised Sketch Plan application of Design Development Inc. for construction of a 10 unit Planned residential development on a 2.58 Parcel, Patchen Road. Mr. Farnham presented the project. He said the size of the units W�rP riecreaSe(9 to all npi Mr`rP "iiF,4bl e" npen, space on, `l-.- They felt the issue of usable open space was the main concern P Y[1rP44 P(� by the commission at the first meeting. AIL:-, '-I.,_ plan was changed to show a private drive leading directly into a Larking lot lathe than ci cul-de-sac. He explainea the units would sell in the $75,000 - $80,000 range. 4 PLANNING COMMISSION -5- AUGUST 22. 1989 Members felt the circulation on the site was inadequate. Also, they felt some parking spaces were located too far from the units. The Commission members did not feel the number of units were the main problem but rather the inadequate circulation and parking layout on the site. The applicant and Commission discussed the possibility of mandat- ing a maximum unit size and selling price for the units. Some members questioned the authority and appropriateness of the Commission to set a selling price. Mr. Craig suggested that a sidewalk be provided connecting the units to Patchen Road. 7. Sketch Plan application of Cooley -Wood Corporation for con- struction of a 10 room addition to the Ho -Hum Motel, 1660 Willis- ton Road. Jim Wood presented. 10 units would be added as a second floor on the rear building. Parking spaces are met. He explained the parking plan was revised to meet the concerns expressed by Mr. Weith and Chief Goddette. Members felt the circulation looked very tight. The owner said the storage shed is used for chairs, mattresses and bathroom accessories. Access to the shed is through a door on the side, therefore, the proposed parking spaces would not block access to the shed. Members suggested that handicapped spaces be located near the handicapped units. Members agreed to visit the site on their own time. They also suggested landscaping be added and shown on the plan. It was advised that the applicant address the concerns and come back for a revised sketch. CONTINUE PUBLIC HEARING FOR HEATHCOTE ASSOCIATES Doug Fitzpatrick presented. The proposed parking change was presented first. Three front parking alternatives were present- ed. Alternate #1 is the best as far as limiting blocking in the 30 foot circulation lane. Alternate #3 is the best as far as loosing the least number of spaces. Mr. Fitzpatrick recommended alternate #3 as far as best meeting the interests of all in- volved. He said Grand Union preferred alternate #3. The Commis- sion members did not like alternate #2. Mr. Weith explained that he preferred alternates #1 and #2 because he felt these would result in less potential for conflict with the free flowing lane �rn�lTll� t-hp perimeter of the He felt that si=- +' majority of parking is behind the building, it was important to keep a free flowing lane open as much as possible in order +- allow efficient circulation and encourage vehicles to go to the icar lot. After much discussion, the members decided U11 nate #1. 0 PLANNING COMMION 18 JULY 1989 PAGE 4' objection. He felt it would solve the sludge problem and also address the affordable housing question. Ms. Pugh encouraged the applicant to keep looking at this. Mr. Weith said the City Attorney feels the existing plan is not grandfathered and the land in question is under interim zoning. He also noted there would have to be an ordinance to allow for TDR's. Mr. Poger noted that on a sketch plan, there doesn't have to be a motion or continuance. 5" Sketch Plan application of Design Development, Inc for -construction of a 10-unit planned residential development on a 2.58 acre parcel, Patchen Road Mr. Weith said 1.2 acres of the land is buildable. Mr. Burroughs said they want to remove the garage, keep the existing duplex, and build 8 additional units. Mrs. Maher felt 8 more units was toomuch because of the terrain and because it would be too tight. Other members agreed. Mrs. Maher suggested "stacking" with only 4 buildings. Mr. Weith noted the Comprehensive Plan shows'a street connecting Patchen Rd. and Williston Rd. Mr. Jacob doubted that this would ever happen. Ms. Pugh said she agreed with Mrs. Maher's suggestion. Mr. Jacob and Mr. Belter said they would go for 7 units total. 6. Public Hearina: Consider proposed amendment to the South Burlington Official Zoning map to change the zoning of 99 and 105 Swift Street from R-4 to C-1. Mr. Weith noted there has been a request to extend the C-1 Zone all the way up the hill. The Planning Commission re- jected this. Mr. Lynch asked if the present proposed change would increase his tax base and assessed value. Members could not answer that question. Mr. Simoneau felt it was likely taxes would go up if the land were zoned C-1. He asked why the Commission wouldn't consider zoning the whole area C-1 as the properties are contiguous. Mr. Jacob said the properties in question currently have commercial uses and the Commission doesn't want to go any further because of the topography and current use of the other properties. Mr. Simoneau felt his property value would decrease if the other land is Commercial because the road would be more heavily traveled. Mr. Jacob felt there was too much land inbetween for that to be a problem. J City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 21, 1989 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, 49 Essex Junction, Vermont 05452 Re: 10 unit PRD, Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed are the 7/18/89 Planning Commission meeting minutes. Please call if you have any questions. S erely� Joe Weith, City Planner 1 Encl Jw/mcp City of South Burlington ' 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 14, 1989 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction,Vermont 05452 Re: 10 unit PRD, Patchen Road Dear Mr.. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, July 18, 1989 to represent your request. rine/relyy, / Joe Weith, City Planner Encls JW/mcp W, TO: FROM: RE: DATE: 1. 2 .` fnutb B urltngtun N tre Department 575 i3ar.set -tree# " 1 6autlt Nurlingtan, Ilermant 054113 � (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY AUGUST 22,1989 AGENDA ITEMS TUESDAY AUGUST 15,1989 ADELPHIA CABLE COMMUNICATION KIMBALL AVE. SO. BURLINGTON Plans have been reviewed by this department and at this time i feel corrections have been made which were asked for to enable us to give fire protection. DESIGN DEVELOPMENT INC. 10 UNIT PRD: PATCHEN ROAD PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME THERE IS NO WAY THE FIRE DEPT. COULD GIVE PROPER FIRE PROTECTION. BETTER ACCESS IS NEEDED FOR EMERGENCY EQUIPMENT TQ BEABLE TO SET UP INFRONT OF THE 8 UNITS WHICH WILL ALLOW FOR US TO GET TO THE FIRE WALLS BETWEEN UNITS FROM THE ROOF. 3. HO-HUM MOTEL WILLISTON ROAD ADDITION PLANS WERE REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME THE ONLY PROBLEM I SEE IS THE PARKING SPACES # 1-2-15 & 14 are in the wrong area and must be relocated so not to affect us from being able to set up emergency equipment if needed. The applicant conducted a traffic impact study for the Kennedy Drive/Kimball Avenue and Williston Road/Shunpike Road intersec- tions. The study concluded that the project will have no significant impact on these intersections. The study indicated that a signal is warranted at the Kennedy Drive/Kimball Avenue intersection in 1994 both with and without the development. The impact fee mentioned above goes toward the installation of a signal at this intersection. I will forward a copy of the traf- fic study to Regional Planning for their review. Landscaping: The project requires $28,600 in new landscaping. The plan proposes Red Oak, White Pine, Japanese Pagoda and a variety of evergreen and deciduous shrubs. The plan meets the required value. The site is extensively wooded on its western portion along Potash Brook. The construction would stay well away from the conservation zone and floodplain. Building Height: The applicant is proposing a 45 foot high building. I recommend that this request be approved since the development is being clustered into the eastern half of the property in order to leave the western half practically un- touched. Proposed lot coverage is only 28% Other: The applicant should submit legal documents dedicating the public road and r.o.w. to the City. The public roadway should provide an adequate turnaround for maintenance vehicles. The plan should show the limits of the conservation zone and 100-year floodplain. 6) 10 UNIT -PRD. PATCHEN ROAD Design ileveiopment�Inc. proposes a 10 unit planned residential development on a 1.58 parcel on Patchen Road. There is an exist- ing duplex and large garage on the property. The development would consist of the existing duplex building and a two new four unit buildings. The garage would be moved. At the last meeting, the Planning Commission was concerned with the scarcity of "usable" open space and suggested that the appli- cant reduce the number of units. The applicant has instead reduced the size of the units to provide more "usable" open space. He expressed that the units will sell for $75,000. 4 Access/Circulation: A cul-de-sac is no longer being proposed. Instead, a 24 foot wide curb cut is proposed on Patchen Road which leads directly into a 22 space parking lot. Chief God- dette is concerned with access to the buildings for fire protec- tion. Other: A network of walking trails and benches are being pro- posed for the ravine areas of the property. Please refer to my memo of 7/14/89 (enclosed) for additional comments. 7) SKETCH PLAN, HO-HUM HOTEL, 1660 WILLISTON ROAD Cooley -Wood Corporation proposes to construct a second -story addition to an existing 3130 square foot building. The addition will increase total current units from 26 to 36 and will affect only one building on the northeastern section of the lot. The property is located in Zone 5 of the Traffic Overlay District and is zoned C-1. The South Burlington subdivision regulations include commercial complexes in the definition of subdivision. Commercial complexes are defined as two or more buildings under one ownership for one user such as a motel. Therefore, this project is required to go through the subdivision review process. A minimum of two meet- ings are required - a Sketch Plan and an amended Final Plat. Access Single access will continue at the southwestern side of the lot (30' wide) from Williston Road. Circulation: Circulation is permitted north and easterly to the rear and side of the two buildings. Circulation on the site is restricted. The angled parking spaces require vehicles to back: out a significant distance (if lot full) in order to exit the site. Parking: Thirty-eight spaces are required and proposed to accom- modate the proposed 36 units and 3 employees. Commercial uses require provisions for handicapped parking, however, none are proposed. Spaces numbered 18 through 31 have substandard widths and do not even meet the minimum compact car space width of 8.5 feet. Landscaping: $6000 worth of landscaping is required for the addition. Existing landscaping includes poplars, 2 oak trees, 1 maple tree, 1 hydrangeas and yews. No landscaping plan has been submitted at this stage of review. I feel this site and sur- rounding properties could substantially benefit from additional land resin . in parti_rular. along Airport Read an,9 a1r,n.g the +Oc?:7-plc' L:SC from the adJuln127b 1't- .c the north. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 18, 1989 Mr. John Burroughs Design Development Inc.. 164 Colchester Road, 49 Esser Junction, Vermont 05452 Re: 10 Unit P.R.D., Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also enclosed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, August 22, 1989 at 7:30 P.M. to represent your request. cer�elyy, 4� Joe Weith, City Planner Encls JW/mcp Memorandum - Planning July 18, 1989 agenda itesm July 14, 1989 Page 2 Layout: The layout of multi -family buildings has changed from the previous plan. The previous plan showed all single-family units north of Allen Road and all multi -family units south of Allen Road. The revised plan shows 2 multi -family complexes (44 units) north of Allen Road which would be accessed directly off of Allen Road. I feel it would be better policy to serve all units off local streets within the development as originally proposed. Allen Road will someday be a major arterial and, therefore, curb cuts should be minimized. Recreation/Pedestrian Path: The Recreation Path plan and Compre- hensive Plan show proposed recreation paths and pedestrian paths over this property. These should be reserved and dedicated to the City. I will meet with Recreation Path and Natural Resource committees to determine the appropriate location for these ease- ments. Other: See Bill Szymanski's comments and read over my previous memos. 5 10 UNIT PRD. PATCHEN ROAD Design Development, Inc. proposes a 10 unit planned residential development on a 1.58 parcel on Patchen Road. There is an exist- ing duplex and large garage on the property. The development would consist of the existing duplex building and a new 8 unit building. The garage would be removed. The property is zoned R-4. It is bounded on the south and west by undeveloped land, on the east by a single-family home and cemetery, and on the north by Patchen Road. Directly across Patchen Road are single-family homes. The applicant has submitted 2 plans. One shows 8 new units in a staggered configuration. The second plan shows the 8 new units in a straight line. The applicant prefers the staggered configu- ration. Density: The maximum density range for the property is 5 to 10 units. A significant portion of the property consists of excessively steep slopes which leaves only approximately 1.2 acres of "developable" land. Memorandum - Planning July 18, 1989 agenda items July 14, 1989 Page 3 Setbacks/coverage: P.U.D.'s in the R4 zone require a 50 foot setback perimeter around the entire property. The existing duplex does not meet the 50 foot setback. Additionally, the proposed new building does not meet the 50 foot setback in either plan. Because of the odd shape of the lot, and topography, there is only a very small space in which to build. In order to meet the 50 foot setback, units 5 - 8 would have to be omitted. The Planning Commission has the authority to waive the minimum zoning requirements in a P.U.D. Access: The plan shows a 24 foot wide private drive cul-de-sac off Patchen Road. Circulation: The Comprehensive Plan shows a proposed Williston Road/Patchen Road collector street in the vicinity of this property. Because of the topography of this area (a number of ravines and steep slopes) a road will not be put in without significant public investment. The City should decide whether this connector street is still desired. If it is, considering the amount of infill development we are seeing, the City should layout exactly where it wants it to go and get it on an official map. Parking: The project requires 23 parking spaces. 20 spaces are proposed. The applicant proposes a one space garage and one driveway space for each of the new units. Condo rules should prohibit conversion of garage space to living space. The duplex will be served by 4 parking spaces off of the private drive. Pedestrian Trail: The Comprehensive Plan shows a pedestrian easement in the vicinity of the property. I will consult with the Natural Resources Committee to determine the most appropriate location for this trail. Other: See Bill Szymanski's comments. MEMORAMLUJM To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: August 29, 1989 agenda items Date August 25, 1989 3) L & M PARK, SHELBURNE ROAD Streets should be public built to City standards. They shall be looped together or terminate with a cul-de-sac, also no parking turnoffs as plan shows. Intersecting streets shall line up and not offset. 1. There should be a pedestrian easement to the City Park to serve this neighborhood. The land was acquired to serve as a neighborhood park. The only other access to the park is from Clover Street. 2. Another set of inlets should be placed at approximately sta. 12 + 25 and tied into the inlet at 10 + 25. The pipe may follow the street curve. 3. A construction easement will be required from lot 17 for the reconstruction of Patchen Road. That easement shall be granted before any sale of that lot. 6) BRILL PROPERTY. PATCH EN ROAD Two lot subdivision plan dated August 17, 1989 is acceptable. Plan dated 8/14/89, titled Community Bible Church prepared by Trudell Consulting Engineers is acceptable. MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: July 18, 1989 agenda items Date July 14, 1989 4) SOUTHEAST SUMMIT. DORSET STREET Same comments as submitted in memo's dated 8/5/88 and 12/16/88 especially as they apply to the condition of Dorset Street. (5) ERNESTINE DEGRAFF PROPERTY. PATCHEN ROAD 1. Water supply for fire protection for the number of units proposed will have to be evaluated. The area is served by a dead end main and the amount of water available for fire protection is limited. 2. Parking is not adequate. Parking arrangement where one car has to be moved to get another out is not good and should not be permitted. I City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 October 13, 1989 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: 10 Unit PRD, Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed are the 8/22/89 Planning Commission meeting minutes. Please call if you have any questions. i erely, Joe Weith, City Planner 1 Encl JW/mcp i a✓ _ _- ,� � �. r �� � a � .� � ,�� i �- } .,. � , - `�.::: "---- ..a J ._ ... � ,` `_ _ - 4 _ 4 l�„�.. � ..._- �� a _ � i �*, � r _ ..� - -- � Sy:� i� � � �+ ' �� �, s.''.. ~ r 4.✓� ft• • 40000 6�a—)v OQ we'6AZW C.4 MGT A'Zy RANoy nn�N�N � I nwr.�RE 1R0.�LS Ir ­ OW.L •. Ib7 S.Aic I' �o I�DTLr1EN ROAl7 fort QS-,LG,N_.17�V�.40P^'Lr_►NC..-__-- �i.4- �({ _�bl___�TG •1 .L=. RD 59 +Tim--e7Y�1•J�L�O��Ki Z , 65_As�_Es M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: August 29, 1989 agenda items Date August 18, 1989 5) ADELPHIA CABLE, KIMBALL AVENUE 1. The project should include a stormwater retention basin to control the runoff because of the downstream restriction of Vermont Heating and Ventilating. 2. The new road should be a public road built to city standards, it will serve the adjacent property and the Brown property. It should terminate with a temporary turnaround. 3. There should be a sidewalk along Kimh)�:::ill Avenue. 6) DEGRAFF PROPERTY. PATCHEN ROAD 1. There should be a turnaround at the end of the parking lot. 2. Sidewalk adjacent to the parking lot should be at least 5 foot in width or a grassed separation of two feet between the parking lot and sidewalk. 3. Sidewalk should be extended to Patchen Road. CITY OF S(XPI'H BURLINI ION SulxIivision Application - SKL'I'CH PLAN 1) Name, address, and phone number of: a. Owner of record b. Applicant t l l�� iJ F-�Vr=t-t�Pm G-7&-�' % �0 4 C„c_ c f4 E:SS-P-, '-7S-c_T- =, CUSS Z _C<-� -Z A --cam I -�S` c. Contact person So H N 'YS'si n u t, c t-(E S cl ��,5 t= ( T C-i , V % o S`f-{SZ 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 7 L 4N (y R AXU-W&,AT'W.W 1 ,� , �� •R �' 3) Applicant's legal interest in the property (fee simile, option, etc) vR C E-b r4S + S A L-E- S CAN TR AQT- 4) Names of owners of record of all contiguous properties � � � � • !! - � ' � _ram 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. ale KMOyktnl EN C Li m i� P-AQCis 6) Proposed extension, relocation, or modification of municipal E'acili.ties such as sanitary sewer, water supply, streets, storm drainage, etc. PL14iJ 776 c a- t.1To Fx rST(t-k5;� 2 4-, wAi—ems KCI4-t U-4 i(L�Zci A. vNJEF2C(-Z ) 2��S 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: 8) Submit five copies and one reduced copy (8 1/2 x 11 or 8 1/2 x 14) of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. / - / (Signa_ re) applicant or c ntact person da e -2- ' - -r--r--- \ / ` . . ` IN LA N,T Z.4 ' ° \ /46 4 \/' \ --~-' | ^°r°.° P�,j Z/.�,vp /, ;( c-,-4-2 Z '/ o/ ="YAS- = p9s!'h/9-P/ (CS CHOOSE THE LOCATION -- Common sense will guide you in this phase. Good paths include: A. Sunshine and shade B. Up and down C. Views, rivers, bridges if possible D. Open, mowed fields and dense trees with wildflowers E. Straight lines and curves F. Solitude in some places, and in others - proximity to buildings A path will be far more useful, if it links someplace to someplace. You can also choose between: A. A widened shoulder on a road B. A separate fenced path beside a road C..A separate path, perhaps in the backyards of businesses and homes (as Stowe did) If you choose "C," you may have to go along the edge of the property line, in the least developable land. This will encourage the property owners to donate the land because he looses a little. - check 3. OBTAIN THE LAND — This could be a lengthy legal discussion, but'I will keep it simple. If you have further questions, I'm sure your town lawyer will advise you. A. If you use the side of the road, you can use the existing right- . of -way. B. If kou use a separate path, you can: 1. Buy the land 2. Have it donated 3. Lease it 4. Use a railroad right-of-way (one with no more trains, of.,course) 5. Obtain a right-of-way deed of easement - the property owner - continues to own the land and thus retain density rights; you build the path where he says, and promise to maintain it. If you choose B #5, as Stowe did, you can use a deed of -easement. - Printed below is the language which appeared on the Stowe deeds. "PERMANENT EASEMENT: The right to enter upon the within described land to grade, level, fill, drain, pave, build, maintain, repair and rebuild a recreation patil -3- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 16, 1990 Mr. John Burroughs Design Development, Inc. 164 Colchester Road, #9 Essex Junction, Vermont 05452 Re: DeGraff Property, Patchen Road Dear Mr. Burroughs: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, March 20, 1990 at 7:30 P.M. to represent your request. S' cerely, oe Weith, City Planner Encls JW/mcp M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: March 20, 1990 agenda items Date: March 16, 1990 3) 3-LOT SUBDIVISION. IMPERIAL DRIVE Mr. Scott Haselton proposes to adjust the boundaries of 3 exist- ing lots to create 3 new lots of 24,900 square foot, 18,400 square feet, and 13,900 square feet. Since existing lots would be enlarged by the adjustment so that they are capable of subdi- vision into more lots than before the adjustment, subdivision approval is required (Section 103, definition of subdivision, South Burlington Subdivision Regulations). The Sketch plan was reviewed on 2/6/90 (minutes enclosed). City Attorney Steve Stizel advised against approving two residen- tial structures on a lot. He said that the second structure would have to be approved as an accessory residential use. He said this precedent would probably lead to an influx of requests for accessory residential uses. I informed the applicant's representative of Steve's opinion. Ms. Hancock said they would have no problem with a stipulation prohibiting residential use of the structure. In fact, they are currently looking into having the structure taken down. The approval motion should be very clear that lot 8A is to be merged with George and Cecile Handy's lot to the north (25 Impe- rial Drive), thereby creating a 0.6 acre lot. Lot 8A is not to exist as a separate lot. 4) 3-LOT SUBDIVISION AND D UNIT PRD. PATCHEN ROAD This application has been properly warned. The minutes and staff reports for the improperly warned preliminary plat hearing (2/13/90) are enclosed. Also enclosed is a suggested motion: for Tuesday's meeting. 5) MORWOOD, OFFICE USE, 333 DORSET STREET The adjoining property owners to the west have been notified as requested by the Planning Commission. Enclosed is a suggested motion. I