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HomeMy WebLinkAboutZB-93-0000 - Supplemental - 0376 Patchen Road (2)City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 7, 1994 Gary Barrett Barrett's Tree Service 376 Patchen Road South Burlington, Vermont 05403 Re: Expansion, 376 Patchen Road Dear Mr. Barrett: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the November 23, 1993 Planning Commission meeting minutes. If you have any questions, please give me a call. Scere y, ,f J Weith, C ty Planner 1 Encl JW/mcp DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 30, 2000 Gary & Karen Barrett 9 Woodland Place South Burlington, VT 05403 Re: 376 Patchen Road Dear Mr. & Mrs. Barrett: I would like to call to your attention discrepancies between the site plan approved by the City on 11/23/93 for improvements to your property, and the plan prepared by the City for the new public works buildings. Enclosed is a copy of a portion of the site plan you submitted showing an existing building which is located 56 feet from your rear boundary line. Also enclosed is a copy of a portion of the plan prepared by the City for the new public works buildings. The plan prepared by the City shows this building partially located on City property. Additionally, the footprint dimensions of the building as shown on the plan you submitted do not match up with the actual footprint. Please contact me at your earliest convenience to discuss these discrepancies. Sincere , W, Raymond J. Belair, Administrative Officer RJB/mcp Ends 1 - rd ;L"t,-Jh 1 0 vrQt, ririCec� ta Lo o JJ 1 JV ' 93 r• .F �Y c• I v �l i f ,f v• . aa.'�• .a�.�, •mow. .3 +.. s' n .`•• W P 'M IWA, o iM. off a ,f INDICATE NORTH State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD May 23, 1995 Gary A. & Karen E. Barrett 9 Woodland Drive South Burlington, VT 05403 Dear Mr. & Mrs. Barrett: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802)879-6563 Re: HE-4-0065 A parcel of land consisting of 99'x 297', located on Patchen Road in the city of South Burlington, Vermont. I have reviewed your information concerning the creation of a lot of less than 10 acres in size. You indicate that on this lot exists a public building with design flows of domestic type sewage of 300 gallons per day or less, which was constructed prior to March 5, 1973, that the building is served by municipal water and sewer services. Therefore, in keeping with the Environmental Protection Rules, Chapter 3 - Subdivisions, Subsection 3-04(A), the building lot described above is exempt from review under subdivision regulations by the Agency of Natural Resources. However, if the use of the building changes, or any construction, renovations, additions are proposed, or the water supply or sewage disposal system fails to function properly, the Agency of Natural Resources should be contacted immediately as a permit may be required. Please note, should it be determined that the information provided is inaccurate or false, this letter will be considered null and void and the building lot will have to be re-evaluated. Should there be any questions, please contact this office. Si erely, i' � ` r�ne.R berge Administrative Secretary c City of South Burlington Peter Jacob, Coburn & Feeley DE-4-1935 Chlorine Free 100% Recycled Paper Regional Office - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury Ss n a A U 1 �I NOV 1 1993 City of So. Burlington {g I W UJ W � a •v 2 7t r II 11 it hL. V ,:z 1. •, ••• , J , • ` 4fr y t l k tir 1 Q ,.,��:..,it._'.,, .-..»•• Cam'''.• ' IL It N qp AT 1 ln 47�, Ob, 00 AN I , , ' � ' . L• � . , I ' •� ; ./ • t`�i fir.' • � �� rL� � \i,,�.'� �'rI ' } • , , "t , Y ' �t t � .�I 1/' ' • �i � , r � \ 1L! +�"h' �Iti �a4 '`/f'7.t .y �•.. 'b -L.T •j •'1%� '�7�•'I,. 1,7' . fir'/.Iy��iy\,,,�/t ! _-/. .t, �I 1 ,, fl, I .i- �:I�p.��(�� .arJ�e.• .,.c. .. .....v^:'2�...4`4�:..�iy."ti'JL.'.r�`af;;,,..•.rr'►1{..�j';1. t46,1:°", �!•v',�yr'4Mit,�?,'�•+�'t ••r C O R R E C T I V E A G R E E M E N T THIS AGREEMENT, executed in duplicate, by and between GARY A. BARRETT and KAREN E. BARRETT, husband and wife, of South Burlington, Vermont and the CITY OF SOUTH BURLINGTON, a Vermont Municipal Corporation, located in the County of Chittenden; WI TNES SETH T H A T: WHEREAS, GARY A. BARRETT and KAREN E. BARRETT, are the owners of three contiguous parcels of land more particularly described as follows: PARCEL #1 A parcel of land with all buildings thereon containing .6 acres, more or less, situated on the easterly side of Patchen Road, and being all of that parcel of land known as Parcel B on a plan entitled "Property Plan Frank Antone to F.R. Antone, Inc.", dated December, 1974 and recorded in Volume 107, Page 112 of the Land Records of the City of South Burlington. Being all and the same land and premises conveyed to Gary A. Barrett and Karen E. Barrett by Warranty Deed of Daniel E. Mendl dated January 4, 1985 and recorded in Volume 211, Page 71 of the Land Records of the City of South Burlington. PARCEL #2 A parcel of land with buildings thereon situated on the easterly side of Patchen Road in the City of South Burlington, the dwelling houses thereon being known and designated as Nos. 372 and 374 Patchen Road; being all of Parcel A as shown on a map entitled "Property Plan of Frank Antone", dated December, 1974 and recorded in Volume 107, Page 112 of the Land Records of the City of South Burlington. Said parcel being more particularly described as follows: Commencing at a point on the easterly sideline of Patchen Road, said point being the southwestern corner of land now or formerly owned by David and Carolyn Antone and marking the northwest corner of the property to be conveyed herein; thence proceeding N 71°12150" E a distance of 53.19 feet to a point; thence turning and proceeding S 79°12120" E a distance of 34.57 feet to a point; thence turning and proceeding N 69°12110" E a distance of 106.68 feet to a point; thence turning to the right and proceeding S 20*53110 E a distance of 130.11 feet to a point; thence turning to the right and proceeding S 75°29100" W a distance of 185.19 feet to a point; thence turning to the right and proceeding N 23*1111011 W a distance of 129.92 feet to the point or place of beginning. Said parcel is bounded on the south by other lands now or formerly owned by Lane; on the north and east by property of the grantee and on the west by Patchen Road. Being all of Parcel #1 of those land and premises conveyed to Gary A. Barrett and Karen E. Barrett by Warranty Deed of Joseph W. Lane and Shirley M. Lane dated January 21, 1994 recorded in Volume 358, Page 203 of the Land Records of the City of South Burlington. PARCEL #3 A small pie shaped parcel of land formerly a part of those premises known as 364 Patchen Road and situated approximately one hundred and eighty (180) feet westerly of Patchen Road and in the then common boundary of the rear portion of 376 Patchen Road and 364 Patchen Road. This parcel is of irregular in shape, approximately ten (10) feet at its widest point and approximately eighty one (81) feet in length. Being a portion of those land and premises conveyed to Joseph W. Lane and Shirley M. Lane by Warranty Deed of Ernestine O. DeGraff, dated February 29, 1980 and recorded in Volume 158 at page 418 of the Land Records of the City of South Burlington. Being all of Parcel #2 of those land and premises conveyed to Gary A. Barrett and Karen E. Barrett by Warranty Deed of Joseph W. Lane and Shirley M. Lane dated January 21, 1994 recorded in Volume 358, Page 203 of the Land Records of the City of South Burlington. AND WHEREAS, GARY A. BARRETT and KAREN E. BARRETT, are desirous of further developing such property, AND WHEREAS, further development of such property requires the approval of the CITY OF SOUTH BURLINGTON PLANNING COMMISSION, AND WHEREAS, GARY A. BARRETT and KAREN E. BARRETT, have requested such approval from the CITY OF SOUTH BURLINGTON PLANNING COMMISSION, AND WHEREAS, the CITY OF SOUTH BURLINGTON PLANNING COMMISSION is agreeable to further development of the property above described if GARY A. BARRETT and KAREN E. BARRETT merge the three (3) parcels of land above described into a single lot, AND WHEREAS, GARY A. BARRETT and KAREN E. BARRETT herewith submit to the City of South Burlington a Plan demonstrating that the configuration of the above parcels, together or individually, do not cause an encroachment on the setback requirements of any building situated thereon, AND WHEREAS, the CITY OF SOUTH BURLINGTON, GARY A. BARRETT and KAREN E. BARRETT desire to reduce their agreement to writing, NOW THEREFORE, in consideration of the CITY OF SOUTH BURLINGTON approving development of the real property above described, but in no way approving future development not specifically made subject to this Agreement, GARY A. BARRETT and KAREN E. BARRETT, agree for themselves and their heirs, executors, administrators and assigns, that from and after the date of this agreement, the above described real property shall constitute a single lot for all purposes under the City of South Burlington Zoning, Planning and Subdivision Regulations. The original Agreement dated January 18, 1994 and recorded in Volume 357, Page 559 of the City of South Burlington Land Records was signed only by Gary A. Barrett and Karen E. Barrett. There were no witnesses to their signatures. The purpose of this Agreement is correct the excution of the prior Agreement and to have the City of South Burlington to join in the execution thereof. IN WITNESS WHVREOF, the parties hereto have hereunto affixed their hands this -,day of April, 1994. WITPNESSES STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON BY: it's(,'duly authorized agent �GA/RY A. BARRETT A At South Burlington, Vermont, this O�(day of , 1994, 3c2-SS duly authorized agent of the CITY SOUTH BURLINGTON personally appeared and he acknowledged this�.i strument by him/her signed to be his/her free g�t and defta��free act and deed of the Cit of South Burlin n. otary Public STATE OF VERMONT COUNTY OF CHITTENDEN At Burlington, Vermont, this r7-1 day of April, 1994, personally appeared GARY A. BARRETT and KAREN E. BARRETT and they acknowledged this instrument by them signed to be their free act and deed. e1-57 Notary P�s REFORMS\barrett.agr l 1A 4;4=7z�� y 7 -AW State of Vermont DEFERRAL PERMIT 6�;Ce LAWS/REGULATIONS INVOLVED: 18 V.S.A. 951218-1220 and Environmental Protection Rules, Chapter 3-Subdivisions, 9 3.06 Deferral of Permit PERMIT NO.- DE-4-1935 "Corrected" APPLICANT/SELLER & ADDRESS: Joseph & Shirley Lane 372 Patchen Road South Burlington, VT 05403 LOCATION OF SUBDIVISION: PURCHASER(S) & ADDRESS: Gary & Karen Barrett 9 Woodland Drive South Burlington, VT 05403 Off Patchen Road in the city of South Burlington, Vermont. DESCRIPTION OF SUBDIVISION: Convey 10'x8l' parcel with <1 acre parcel remaining. CONDITIONS: (1) The deed for a parcel purchased under the provisions of this permit must include the following "Waiver of Development Rights." All subsequent deeds, leases or contracts of sale must also contain the waiver unless a subdivision permit is obtained. Notice of the purchaser's name and address must be filed with the Wastewater Management Division. "WAIVER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed acknowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and that the State may deny an application to develop the lot." Page 2 Deferral of Permit DE-4-1935 "Corrected" (2) If the parcel being acquired is to be considered for building development at some future date, the purchaser understands that the information required by Section 3-08 of the rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) 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 recording 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. Dated at Essex Junction, Vermont this 25th day of January 1994. Jack Long, Commissioner Department of Environmental Conservation �— Irene L. Roberge Administrative Secretary c South Burlington Planning Commission South Burlington Selectboard For The Record Gary & Karen Barrett C State of Vermont X ., DEFERRAL PERMIT LAWS/REGULATIONS INVOLVED: 18 V.S.A. 01218-1220 and Environmental Protection Rules, Chapter 3-Subdivisions, S 3.06 Deferral of Permit PERMIT NO.: DE-4-1935 APPLICANT/SELLER & ADDRESS: PURCHASER(S) & ADDRESS: Joseph & Shirley Lane Gary & Karen Barrett 372 Patchen Road 9 Woodland Drive South Burlington, VT 05403 South Burlington, VT 05403 LOCATION OF SUBDIVISION: Off Patchen Road in the city of South Burlington, Vermont. DESCRIPTION OF SUBDIVISION: Convey 10'x18' parcel with <1 acre parcel remaining. CONDITIONS: (1) The deed for a parcel purchased under the provisions of this permit_ must include the following "Waiver of Development Rights." All subsequent deeds, leases or contracts of sale must also contain the waiver unless a subdivision permit is obtained. Notice of the purchaser's name and address must be filed with the Wastewater Management Division. "WAIVER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of lard conveyed herein, the useful occupancy of which will require the installation of *plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance or this deed acknowledges that this lot may not quality for approval for development under the appropriate environmental protection or health regulations and that the State may deny an application to develop the lot." Page 2 Deferral of Permit DE-4-1935 ( 2 ) If the parcel being acquired is to be considered for building development at some future date, the purchaser understands that the information required by Section 3-08 of the rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) 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 recording 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. Dated at Essex Junction, Vermont this 11th day of January 1994. Jack Long, Commissioner Department of Environmental Conservation By Irene L. Roberge Administrative Secretary c South Burlington Planning Commission South Burlington Selectboard For The Record Gary & Karen Barrett PA'rrI �c. r�n(�x• P 1 A WNIt L. KKNNE'Y 871'rVEA. & PAO, F1, P.C. A,rrohN1'YS .AT LAW HUR.I..INI' TI;)N, VEWNICDNT 11 461 040218R0-2F VAX tfiVX1 OWv !V-14 Jams iry 17, 1994 John Fitzpatrick, far. McCormick, Fitzpatrick ; Vo t?, P. ^. 40 George St. PA Box 638 Burlington, VT 05402 Re: Barrett Meager Agroexzant Derr. John: U10 eq)I N9tS1, ARTHUR W. G"NUNUaIA Ko tu-: wr x:, Irix-ru w R Enclosed please find t~ha City of South Surlington's draft of a merger agreement in the above matter. Please note that on page 2 we have inserted a paragraph wbi.ch regtti.res the Barretts to submit along with this agreement a plan demonstrating that tho configuration of the subject parcels does not cause any encro.achment:.on the sot back req►.tiraments of any building. The purpose of this pzaraI raph is merely to satisfy the City that there are no bai.ldi.ngZ that currently exist in violations of the Ci . setback. requirements, If your clients can otherwise convince. the City that there ars no such encroac,hzttent:s, the City will,consider changing the wording of that paragraph accordingly. The persoix at tl)e City whom you should speak to about this is the City Plattner, Joe Weith. DLK jklm Enclosure cc: Joe Weith son! 313 . cc.r Very truly yours, Dianne L. Kenney / i F)u:t1 ll' Nix Not3 7671 �ii11C !J ~ ,PM*s drily I G A X Z N T THIS AC-IRBIV14k.ST, In dup.1 ickite, by arid botwegn GARY A'. BARE! TT and AAAZN t. WAAR9 T ht-I§b nd a., d w1f o, of South Burl ir,9 -on, VoXamQot and the: CITi , 03P SO.'UTN I LIPL. OTON, a t'Ormont " Mun is i' pA l Carpb�at Qn, l:o atea ` in 'th- C .)UTE ty of Cl'� 3.t:tezjcldxi; NITNE00VT4 TRATs WHBREAS, GARY A. BA►9ni;T'"e. Zild XX,'A%N 9. BARuRETT, Bare the cwn;�rs of:.three'cont��yucsu's p�;x�cc,,,s off' land move particularly i. s d4-!twt:rib.{ed as follows, k�pOrcel, of land with all bixil(It.ngs User -,Non containing .6 ic:rQS, mnro or lids:;; sit.i:zrted aza the -a t*: rly s4de of iatiaen RoaG��.: aria bn,irtxll df fir:�i' pa:rrc>. of land brown: as kaa del B op' a• plan IIPk p.erty Plan F'ra. * .Anthone to •.� ; Ant,one, Tin . «, datf-.14, Dpcen;{ ea , 1974 Ond recorded in 'Volume:' 107, :Pace 1,12 of th,p, Land PC3G�.��a� bf the City of $Outh '.Buarlinjtoi7. Se,i.ng all and the eam lan!l and pXeoi,se,s conveyed to Gary A. Barrett a'nd •Xar.en F. Bariett t-y Warranty Deed of Daniel �. kandl. ,dated Jane-ar•y r., a -,-,R5 �xr, i Y- 4" orde d in volume 7 of the Land of the C-I,t:.y of South, purl. ingtori. h -reori situated on -the,, A. p� x^ l of land wit CT�St% ea-sterXy sideof Patrhen Fta"d I'm the City of South bur.lin'0611tn-3 dWelli.ng. hou:,cs thtereon being .known :and de,si.g��tted' as INos. 312 and I74 P-.Mote. Read, being ill of oar cel, A as shown on ;a m ent�t.1ed "Pro erty Plan of' Frank ragle tbone", dated 13e�: � � ibc`r', r 74 ar��� I GG '. rd in 'Volume 107, 21,2 of tiha x.:nd I� �cc,x"+ of t:hp C, ity of South burlington. Said parcel bei:in.5 pore particularly O.,:srribed as follows: Co.,=encing at • o ,:po;ita,t oit t:erly si.del.i.ne. of Pa�tchen Road said poih,t� t)oing the,., 4o► thwY; st e, n s::r'or.ner of land now of formerly owned by David And C<�zoly n .Antone and marking t:hc northwest co ,ner' 'of the procvr:ty to be conveyed )ierein th t�Ce proc:eading N 71°lu 1 ,3`1 E a distance of 53.19 feet to a paint; thence furi-.:ing and proc,,oedi ng S 79012' 2011 Z 1 distance of 34. 57 frL e"t t.o a, point:; t.h, rxce turning and pro4eeding x 69 ° 12' 10" F aof 106.68 feet to a point; thence turning to the right and proceeding S 20053110 k a distance of 130.11 feet to a poi.rit; thence turning to the right and proc:cedinq S ,751129100'1 W a. distance of 185.19 fa'ot to a point; thence turnirxq to the right and proceeding N 2301111011 W s d .stand of ', 129.92. fey: t to the point or Olace of beginni,r,g. .A.. DRAn r"!; NiC.UsAa puq%4s only Said parcel, is. boUlIdPd VA thia south by other la is now or fortlw�,ly owned by on nortil 'And tiasCl by Property of the',qjr,,antee and On the �,64st b' Patchen Road Beinq,all, of Parce-141 of thote land and premises conveyed to Gary A. Bar, -Ott: jt.�d Far, E, Barrett by Warranty 'Deed of qoopeph W. Lane T.,ane of eve:o date herewitli apd to be recorded.1h th� 4,666 1 ecoxds of the City of S6uth, A small pie 6haped parcql of, land formerly a part of thq,.:-,0 prerids'e§ kno'wn a-1; 364 ! Pa,fC11016 96,ad and sittiat- ed -,-Wre- eighty 1180) feet wester a pro.xlm�,t,ely ona h,­, d a na 2 1 of P 'I . y Vat hi-n �Roa4 azid in the,:tbep C qomnon 'boundary of the rear portjo�n of. 376,.IPAtchen 9�od aid 364 Vatchen Road. This � Patcei is irr!ez proxirszitely ton :4ularpj)� �Apof ap loy feet at i.t,W.ides't point (81.) feet:in leatlgt h.' Bqinq:,a por-tion bf t'hOsa 1,A, on4 d apremises Conveyed to jost'ph� W. t0q; A 1 . i& x Vtna: by Warranty Deed of .eIlltinel 0. todr:a ff dzit�d r-Obrtaiy 29? 1980 and recorded F. in, Volume .3,56 -the ' Land Records of the city of So#h;;'BUrlinqt0h12 W -Y A4- 'TT, are ;4 rid XAP h'p� further, e n, suc d AX0. ifuzapAs :,2 a further development of such :0oPJD74"t 6V6n4 tli'at: 11046(] g1j roquires the Ap 0 IV 0 VTX.)W�j4x)s01,0$ PLAyo,1NO COM.MxS8�1,oN; AND -VASAMr tand XAM Z.,RARRETTj, have O ,CiTY Of SOVITH 16-tRLINGTON; re 6000; AND WHBREAS.. the 0%TY Ot SOUTH BVRTT�iGTOX PtkNWXX(3 COMX16810N isagreeablie. to fo�t4k.r do-volopriant of the property abo� e`describe'.� if M,111y 11 and RARSN -E. RAARtTIT mergethe three (3) parcels of llan,:t 'a, into o a single lot, AND14TER.EASp GAAY ;k. X­j,?-R�VTT and rXREN B.. B4&RRETT I t' , , "VoN submit to the CITY OP,001 SURIANG a Plan demonstiating that the configuration'o 0 f. t6getl-or or individually,, do not cause an erg n , on the setback requirenents 'of any 1­uilding sitt uaea t�ereon, AND WHEREAS, the CV-1i OV 0 �+!T H M.RLTVGXT0N0 GARY A. BARRETT and,KAREN E' BARRETT de.,si�e rt-dU:-,a their aq.,ceezent to writing, $,0W THEREr.ORZI,in considerat!.Qn of the CITY OF SOUTH PTALINGTON approving to le-0,14...f develloplmm".* of the real property � l • DfT Fit DI passion purpous only above lc . cribei , Ja n� �_ 'f � f��>� _ .. g�"4pment D.at t e t:. CRC' A. DARRM and KARE t ' BA"RAZTT,, yt� a Q k ;� } , .1 Ws ' art , t�'e' r heirs, oxoc:utors, adm,lnl�' r'jZ<�nr-- : oa bi�vIghs, gnat f �6im and after the -late of this a4ieo.no t, ��Y� �c�uv� c����ri�'au zeal pro�a.rtX sia��ll e-onsti Lut a $'ing'lie �ot i'or, all tmcler' tine City of South olarlipgton. zoning,. a d 5 b i.,v ;i.or� Fe ):atlons. 'Ortiet k oreto have hereunto affixed tho-ir-hands this ,�,LLAY aw (i ty, 3;99!#;» .IwFr.4PM '�1M'.Mw!...• «.QP-i.^rj .. ww.+.+..1'..w A» Burlington V,erAioht, t is . y.... d q of Ja' nu,ary, 1-994, pex'sona I I� Y appcmrea 641ky, A. B ItfTT!b`r�? A c ; t ? TT and they ac�0'r'la4gd' d th s rig, t x�t t ka;t b ►he.+i siC ' to be their z 'tree act sonrjO . aq'r M E M O R A N D U M To: Gary Barrett/Barrett's Tree Service File From: Raymond J. Belair�-fining and Planning Assistant Re: Lot Size/Coverage Corrections Date: December 30, 1993 It was discovered that the 2.15 acre lot size used to review this project was incorrect. The correct information is as follows: Barrett lot = 28,122 square feet Lane lot = 25,600 square feet Total = 53,722 or 1.23 acres (land leased from City of South Burlington = 10,247 square feet) Coverage information is revised to be as follows: Building coverage is 19.2% Overall coverage is 68.3% y3, 56 o 4j", �La, a--- No Text % �f Ar co A�d' FOAL- Z�,Izzl — Ja, lgpc.- -�frpv- 041, No Text No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 7, 1994 Gary Barrett Barrett's Tree Service 376 Patchen Road South Burlington, Vermont 05403 Re: Expansion, 376 Patchen Road Dear Mr. Barrett: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the November 23, 1993 Planning Commission meeting minutes. If you have any questions, please give me a call. S' cere y, J Weith, C ty Planner 1 Encl JW/mcp PLANNING COMMISSION 23 November 1993 page 6 9. The.applicant shall obtain a Cerrtificate of Occu a_ncy from the Administrative Officer prior to occupancy_ of the additions._ 10. _An_y_ Chan es to the site plan shall require approvalby_ the__ South Burlin ton Planning Commission. Mr. Craig seconded. Motion asked unanimousl . 6. Site plan application of Jolley Associates for construction of a 262 sq. ft. addition to an existing 1000 sq. ft. building and construction of a 288 sq. ft. dumpster shed on a site containing a convenience store with gasoline sales, 977 Shelburne Rd: Mr. Smith identified the property as a Mobil Station next to Burger King. A building error resulted in the building being located outisde the canopy, and this plan proposes to correct this. Mr. Austin asked the Planner why he felt that increasing the size of the building wouldn't increase traffic. Mr. Weith said the number of pumps isn't changing. Mr. Craig noted they are already 2-1/2 times the allowable traffic. He felt the proposed addition would increase traffic and that there were other things the applicant could do to correct the situation without an ad- dition. Mr. Austin agreed with Mr. Craig. Mr. Smith noted they could reduce the price of gas and add more traffic and there was nothing the Commission could do about that. Mrs. Maher felt since they weren't adding pumps, it would be OK. Mr. Teeson felt this wouldn't increase traffic. Mr Sheahan agreed with Messrs. Austin and Craig. This resulted in a major- ity in opposition to the proposal. Mr. Austin moved to continue the application until 12 14 to allow for the drafting of a denial motion. Mr. Sheahan seconded. Motion oassed unanimouslv. 7. Site plan application of Gary Barrett/Barrett's Tree Service for removal of a 2250 sq. ft. storage building, construction of a new 3,730 sq. ft. warehouse building and construction of a 495 sq. ft. second story addition to an existing office building on 2.15 acres of land currently used for a contracting buisness and two single family dwellings: Mr. Barrett said he is buying the next door property. There will be designated parking spaces and he will put in a lot of cedars. The addition won't increase business but will just get their equipment inside. They will add a second story to the office. A couple of sheds on the property are also coming down and the fence will be moved back. The two properties will be joined. PLANNING COMMISSION 23 November 1993 page 7 Mrs. Maher noted the Fire Chief was concerned about the distance between buildings. Mr. Barrett said the Chief wants 30 ft. and they propose 26 ft. He said they drive trucks through there every day. Mr. Austin moved the Planning Commission aEErove the site plan application of Gary Barrett/Barrett's Tree Service for removal_ of 2_2,250 s. ft. storage buildin , construction ofWa new 3 750 s ft. warehouse building, and construction of�a�495�sq. ft. second - story addition to an existin office buildincr on 2.15 acres of land currently used for a contracting business and two single- famil_y dw_e11in_gs as depicted on a _plan entitled "Barrett Tree Service," prepared by�Potvin with a�stamped_"received" date of 11 17 93 with the followin stipulations: 1. All previous ap rovals and stipulations which are not super- seded -by this approval shall remain in effect. 2. The applicant shall post a $1490 landscaping bond prior to is- suance of a zoning/buildinq permit. The bond shall remain in ef- fect for three years to assure that the planted landscaping t_a__k_es root and has a ood chance of surviving._ 3. The__plan shall be revised prior to issuance_ of a zoninq/build- inq permit to show existing exterior lighting. Any new exterior liqhtinq shall be do_wncasting and shielded so as not to cast light beyond the property line. Any new lighting or changeto existing li htinq shall be approved by the Cit Planner prior to installation. 4. Three copies of the revised site plan shall be submitted to the City Planner prior to issuance of a zoning/buildin permit. 5. This site plan approval shall not be construed as approval to alter a noncom lying structure. The decision of whether or not to approve alteration to a noncom plyin structure shall_ be made by the Zonina Administrator in accordance with section 19.002 of the zoning re ulations. 6. Prior to issuance of a zoning/buildin permit, the_ applicant shall sha_1_1 record a lot mer er a reement in the South Burlin ton land records. The agreement shall be approved bathe City Attorney prior to recording. 7. The applicant shall obtain a zonin buildinq permit within six_ months or this approval is null and void. 8. The applicant shall obtain a Certificate of Occupancy from the_ Administrative Officer prior to occu_p_a_n__c__y_ of the new structure and addition. PLANNING COMMISSION 23 November 1993 page 8 9. An Chan es to the site.plan shall re wire approval by the South Burlington Planninq Commission. Mr. Teeson seconded. Motionpassed unanimousl . As there was no further business to come before the Commission, the meeting adjourned at 9:00 pm. Clerk City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 28, 1993 Gary Barrett Barrett's Tree Service 376 Patchen Road South Burlington, Vermont 05403 Re: Expansion, 376 Patchen Road Dear Mr. Barrett: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project which was approved by the Planning Commission on November 23, 1993. Please note the conditions of approval including the requirement that a zoning/building permit be obtained within six (6) months of the date of approval. If you have any questions, please give me a call. Sincerely, j6: 4 —"' Z), el& Joe Weith,V City Planner 1 Encl. JW/mcp Cof.,'% 10.4 IZ4 VA r IPM v .0103 V0 : � TOTAL = 68,265 SQUARE FEET NEW TREES = 2,000 SQUARE FEET LAWN = 520 SQUARE FEET LANDSCAPE NOTES: (9) 8-10 FOOT CEDARS PLANTED @ $150.00 PER TREE. _ $1350.00 (11) 3 INCH ASH TREE PLANTED. 160 FEET OF NEW STOCKADE FENCE. 10 NON OFFICE EMPLOYEES AT PRESENT T \,IE. 6 COMPANY VEHICLES OPERATING FROM PREMISES. $450.00 = $1450.00 TOTAL = 25,600 SQUARE FEET UNIT 1 = 754 SQUARE FEET UNIT 2 = 2,100 SQUARE FEET DRIVEWAY 1 DRIVEWAY 2 TOTAL COVERAGE = 600 SQUARE FEET 900 SQUARE FEET = 4354 SQUARE FEET BUILDING COVERAGE = 2854 SQUARE FEET TOTAL LAWN = 21,246 SQUARE FEET Memorandum - Planning November 23, 1993 agenda items November 19, 1993 Page 6 Setback requirements are met. Parking: This site requires a total of 13 parking spaces and 17 spaces are available. The available spaces include two (2) spaces at each of the four (4) pump islands and nine (9) spaces along the southerly boundary. One (1) of these spaces should be indicated for handicapped use. Landscaping: The minimum landscaping requirement for this project, based on building costs, is $450 which is not being met. Plan should be revised to show additional landscaping to meet the requirement. Staff recommends this landscaping be planted near the storage sheds. Traffic: This property is located in Traffic Overlay Zone 1 which allows this property to generate a maximum of 28.4 vehicle trip ends (vte's) during the P.M. peak hour. I.T.E. uses two (2) methods to estimate trip generation for this type of use, gross floor area and number of pumps. Based on gross floor area the use currently generates 68.4 vte's and based on pumps it generates 82.4 vte's. This addition will increase trips, based on gross floor area, by 19.2 vte's to 87.6 vte's. Since no pumps will be added the trip end estimate based on pumps will not change. The applicant submitted a five (5) day traffic count (M-F) at this facility between 4-6 P.M. which had an average trip generation rate of 77.4 vte's. The Planning Commission needs to decide whether it believes this addition will increase trip ends. No changes are proposed which would produce a net benefit in traffic flow. Lighting: Exterior lighting consists of nine (9) 400 watt metal halide lamps on 16 foot poles with cutoff luminaries. Sewer: No additional allocation needed. 7) BARRETT'S TREE SERVICE - ADDITIONS - SITE PLAN This project consists of the expansion of a nonconforming use by the removal of a 2,250 square foot storage building and replacing it with a new 3,730 square foot warehouse building, constructing a 495 square foot second story addition to an existing office building and the merging of the adjacent residential lot which will be purchased by the applicant. The commercially developed lot, Memorandum - November 23, November 19, Page 7 Planning 1993 agenda items 1993 besides the office and the new warehouse is developed with a 3,656 warehouse. The residential lot is developed with two (2) detached single family dwellings. The Zoning Board of Adjustment on 11/8/93 granted the applicant a variance to expand the nonconforming use. This property located at 372,374 and 376 Patchen Road lies within the R-4 District. It is bounded on the north by a warehouse, on the east by City property, on the south by a single family residence and on the west by Patchen Road. Access/circulation: The merged property will have two (2) curb cuts. The southerly curb cut serves a single family residence and the northerly curb cut serves a single family residence and the tree service. No access changes proposed. Circulation is adequate. Coverage/setbacks: This information is for the merged lot: Building coverage is 11.4% (maximum allowed is 20%). Overall coverage is 81.9% (maximum allowed is 40%). Front yard coverage is 51.8% (maximum allowed is 30%). This excessive coverage is an existing situation. The office building and the northerly residence do not meet the front yard setback requirement. These buildings are noncomplying structures subject to Section 19.002 of zoning regulations. Parking: The commercial use requires a total of 12 parking spaces. This requirement will be met, eight (8) spaces are located along the south side of the driveway and the other four (4) spaces are located in the rear. The plan should be revised to show one (1) handicapped space. Landscaping: The minimum landscaping requirement for this project, 4 based on construction costs, is $1490 which is being met. Landscaping will include Cedar and Ash. Lighting: Existing exterior lighting consists of two (2) 400 watt flood lights and a downcasting street light mounted on poles. The exact locations of these poles should be shown on the plan. The flood lights are located at the rear of the property in t e ' warehouse area. No additional lighting proposed. 7 Memorandum - November 23, November 19, Page 8 Planning 1993 agenda items 1993 Sewer: No additional allocation needed. Lot Merger: The applicant should submit a lot merger agreement for review by the City Attorney for review and recording prior to permit. 0 MCCORMICK, FITZPATRICK & HERTZ, P.C. ATTORNEYS AT LAW P.O. BOX 638 40 GEORGE STREET BURLINGTON, VERMONT 05402 TELEPHONE; (802) 863-3494 FAX NUMBER: (802) 865-9747 FAR TRANSMITTAL SHEET DATE: Jt -Nv,4.1y 17 I q FROM: 11014,q TO: DIANNe L L �l E'NI�P.4CS FAX NO. NUMBER OF PAGES TRANSMITTED (including transmittal sheet): COMMENTS: beFer,Rat_ IeFn, 17' Wrr44 Te/ 7A�ReTr App�,) CIA 77V4 G, '� a/ S. -E NOTE: This Facsimile contains Privileged and Confidential Information intended only for the addressee(s) named above. If you -are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. FOR OFFICE USE ONLY STATr, F VERMONT 'Permit B AGENCY OF ENVIRONMENTAL CONSERVATION Date App ica ion DEPARTMENT OF WATER RESOURCES AND ENVIRONMENTAL ENGINEERING Rec'd DIVISION OF PROTECTION APPLICATION FOR DEFERRAL OF PERMIT (Pursuant to Chapter 3 of the Environmental Protection Rules) SELLER: { .J05ep{F h% XAVC Name: M. ln,e- Address: 3ZZ �37r-,ve,> So. &R,{r7VII U/— (town) (state) zip Tel.No.: 0-? --,f(3 -?O,V- B..R+. CA,�y A . 3Ag,eeii Name : �ARiPeI7— Address : (town) ate)/(zip) Tel. No. . go,-- JURISDICTION: FEE: $10.00 (A fee of $10.00 must accompany each application. ) A. Parcel to be Conveyed: (Pursuant to §3-06.A. of the Environmental Protection Rules) Location: Town: ✓Ta br ,�ouru J ixr�� ✓Road/Highway: f (7NeA) Description of Subdivision (acres or sq.ft & dimensions): e yiaA lmllm4"y &&0/4 rr- TF� �o� r��s— d� 1,- 4AIiML",4,f al ,�f G� �'s�r� ove- ��/�� Is this parcel improved?_X_no yes; if yes, with what? If it is improved with a house, when was it constructed? (See "C" below) - date Is there plumbing and/or sewage disposal facilities on the parcel? rv1,12 — Is the land contiguous to other lands of the buyer? Ues B. Retained Parcel: (Pursuant to §3-06.B. of the Environmental Protection Rules) How many acres is the remaining parcel after the parcel described in "A" is conveyed? 4e ,,o / acres. If the parcel is more than ten (10) acres, do not complete this section. Is this parcel improved? no -X- yes; if yes, with what? o (z1 L�44 i�✓cr tyV- . (see "C" below) If the parcel is not improved and is less than 10 acres you must also complete a "Retained" Deferral of Permit application. C. If any parcel is improved with a structure, the useful occupancy of which requires plumbing and sewage disposal facilities, it can not be subdivided with a Deferral of Permit. I. If either parcel is improved with a structure built or under construction on March 5, 1973, you must comply with 53-04 of the Environmental Protection Rules in ordNr to be considered exempt. 2. If either parcel is improved with a structure built after March 5, 1973, the parcel must comply with s3-10 of the Environmental Protection Rules prior to conveyance. Contact your district. _nvironmental office for more ini,,rmation. A copy of the above cited sections of the rules is a"ttached. D. Ace If this conveyance creates the loth parcel or more, less than 10 acres in size created within a 5 mile radius within any 10 year period, you should obtain a Project Review Sheet from the District Coordinator before completing this application. RECORDING OF PERMIT: (Pursuant to §3.05 of the Environmental Protection Rules) Deed reference of land being subdivided: Book /,S"SI Page(s) gj? All subdivision and deferral of permits shall be filed by the applicant on the town re- cords within 30 days of receipt unless the applicant has appealed the decision, and prior to the conveyance of any lot subject to the jurisdiction of the permit. The terms and conditions of deferral of permits shall run with the land and be binding upon each owner or lessee. .I HEREBY CERTIFY THAT THE FOREGOING INFORMATION IS ACCURATE TO THE BEST OF MY KNOWLEDGE.. I UNDERSTAND THAT FALSE OR MISLEADING INFORMATION SUBMITTED HER IN MAY BE GROUNDS FOR PERMIT REVOCATION, PENALTY, OR BO (Date) Signature o�4erson s nveyin thd I and WAIVER OF DEVELOPMENT RIGHTS: (Pursuant to §3-06 of the Environmental Protection Rules) IMPORTANT: PLEASE READ THIS CAREFULLY BEFORE SIGNING - AN ATTORNEY CAN NOT SIGN FOR YOU. I Hereby certify that I have read and -understand the provisions of §3-06 of the Environ- mental Protection Rules, and do voluntarily waive my right to develop this lot as provided therein. I am aware that a Deferral of Permit prohibits the construction or installation of any structure, the useful occupancy of which would require the installation of plumbing and sewage treatment facilities on the lot. A parcel purchased under the provisions of this section may not be resold unless a subdivision permit is obtained, or the waiver of developmental rights is included in the deed or lease and notice of the purchaser's name and address is filed with the Division prior to conveyance. I understand that if the lot does not meet the standards and requirements of these Rules, a permit will be denied and no building development will be permitted. I furthermore certify that the following shall be made.a tern of any Contract of Sale or Lease and shall be included in the deed transfer- ring this lot. WAIVER OF DEVELOPMENTAL RIGHTS "In order to comply with the State of Ve „ont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed acknowledges that this lot may not qualify for approval of development under the appropriate environmental protection or health regulations and -That the State may deny any application to develop the lot." _Ao�,Cf Itness (Daze) (Purchaser (Datd Wi+, ess) U VDAe) (Purchaser)(Dgte) �10 ^C � ,e .�lw' 0 rgor. f lgz, P. �27 vG / ShIgAey Ne i �9y c�'`Y State of Vermont W tA"'— DEFERRAL PER14IT LAWS/REGULATIONS INVOLVED: 18 V.S.A. 591218-1220 and Environmental Protection Rules, Chapter 3-Subdivisions, 9 3.06 Deferral of Permit PERMIT NO.: DE-4-1935 APPLICANT/SELLER & ADDRESS: Joseph & Shirley Lane 372 Patchen Road South Burlington, VT 05403 LOCATION 0£ SUBDIVISION: PURCHASER(S) & ADDRESS: Gary & Karen Barrett 9 Woodland Drive South Burlington, VT 05403 Off Patchen Road in the city of South Burlington, Vermont. DESCRIPTION OF SUBDIVISION: Convey 10'xl8' parcel with <1 acre parcel" remaining. CONDITIONS: (1) The deed for a parcel purchased under the provisions of this permit must include the following "i'aiver of Development Rights." All subsequent deeds, leases or contracts of sale must also contain the waiver unless a subdivision permit is obtained. Notice of the Purchaser's name and address must be filed with the Wastewater M'an-zsement Division. "tiAi'r`=R OF DEVELOFMENTAL RIGHTS•, "In order to co;..?ly wi -h the State of Vermont Environmental Protection Rules on the of 1 nds and disposal of ,•:.^-ate inclLdlnq sewage, ' _ grantee s!-11 not -onst_ :.t r e_ =_t = ; .-ructU_ _ or '.;uildina on tlne ;- a_Ce_ 1d (.'v^''� y � 1e-C-% ..h U S i f U 1 0C:CU1D3C: -* 0f V.7h Ch :_?: recqu-_ i'�.. C,i p1'u :.: .Ji::and .. C'.:vce .,1P� L _ r .. .. ..e _ _.,• .. ::_. 1=,:a ;J_-�,o�,,,, ___-- _.�_s:pl;�.,�- _ten said Stat= -=y'._dt_.:7a. .::e ,.y _ s deeC, .=,C....�w1_dCc3 a _.._5, 1t`'ay n. z yL+ai''j� for appr..31 f or de V _ i ::: _:', = Un-1 _ t:7 _ i�� •�;�rl i t = __-J::.^.e..tr. I prote,Cti,i J) cr '.:c :it," _nd t.ha% the State may iM t:) '.::ei0;? t`ie lot." Page 2 Deferral of Permit DE-4-1935 (2) If the parcel being acquired is to be considered for building development at some future date, the purchaser understands that the information required by Section 3-08 of the rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) 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 recording 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. Dated at Essex Junction, Vermont this llth day of January 1994. Jack Long, Commissioner Department of Environmental Conservation By Irene L. R�berye Administrative Secretary Scutii Bur'Linctc•n _ 1annin'Q Co:ciuls5_on South Bur_f ;a-- n S _lecttcar�d For he R _corJ Cary & 1nr en CITY CLERK'S OFFIC$ o Ri ed 19_a__ at 1-974 '� Recorded in Vol. 6a on page-��s �g Of So. Burlington Land Recor Attest. 'MA& C O R R E C T I V E A G R E E M E 0argaret A. Pka(d� C' C}eitc THIS AGREEMENT, executed in duplicate, by and between GARY A. BARRETT and KAREN E. BARRETT, husband and wife, of South Burlington, Vermont and the CITY OF SOUTH BURLINGTON, a Vermont Municipal -Corporation, located in the County of Chittenden; WI TNESSETH T H A T: WHEREAS, GARY A. BARRETT and KAREN E. BARRETT, are the owners of three contiguous parcels of land more particularly described as follows: PARCEL #1 A parcel of land with all buildings thereon containing .6 acres, more or less, situated on the easterly side of Patchen Road, and being all of that parcel of land known as Parcel B on a plan entitled "Property Plan Frank Antone to F.R. Antone, Inc.", dated December, 1974 and recorded in Volume 107, Page 112 of the Land Records of the City of South Burlington. Being all and the same land and premises conveyed to Gary A. Barrett and Karen E. Barrett by Warranty Deed of Daniel E. Mendl dated January 4, 1985 and recorded in Volume 211, Page 71 of the Land Records of the City of South Burlington. PARCEL #2 A parcel of land with buildings thereon situated on the easterly side of Patchen Road in the City of South Burlington, the dwelling houses thereon being known and designated as Nos. 372 and 374 Patchen Road; being all of Parcel A as shown on a map entitled "Property Plan of Frank Antone", dated December, 1974 and recorded in Volume 107, Page 112 of the Land Records of the City of South Burlington. Said parcel being more particularly described as follows: Commencing at a point on the easterly sideline of Patchen Road, said point being the southwestern corner of land now or formerly owned by David and Carolyn Antone and marking the northwest corner of the property to be conveyed herein; thence proceeding N 71°12150" E a distance of 53.19 feet to a point; thence turning and proceeding S 79*12120" E a distance of 34.57 feet to a point; thence turning and proceeding N 69*12110" E a distance of 106.68 feet to a point; thence turning to the right and proceeding S 20*53110 E a distance of 130.11 feet to a point; thence turning to the right and proceeding S 75*29100" W a distance of 185.19 feet to a point; thence turning to the right and proceeding N 23*1111011 W a distance of 129.92 feet to the point or place of beginning. Said parcel is bounded on the south by other lands now or formerly owned by Lane; on the north and east by property of the grantee and on the west by Patchen Road. Being all of Parcel #1 of those land and premises conveyed to Gary A. Barrett and Karen E. Barrett by Warranty Deed of Joseph W. Lane and Shirley M. Lane dated January 21, 1994 recorded in Volume 358, Page 203 of the Land Records of the City of South Burlington. PARCEL #3 A small pie shaped parcel of land formerly a part of those premises known as 364 Patchen Road and situated approximately one hundred and eighty (180) feet westerly of Patchen Road and in the then common boundary of the rear portion of 376 Patchen Road and 364 Patchen Road. This parcel is of irregular in shape, approximately ten (10) feet at its widest point and approximately eighty one (81) feet in length. Being a portion of those land and premises conveyed to Joseph W. Lane and Shirley M. Lane by Warranty Deed of Ernestine 0. DeGraff, dated February 29, 1980 and recorded in Volume 158 at page 418 of the Land Records of the City of South Burlington. Being all of Parcel #2 of those land and premises conveyed to Gary A. Barrett and Karen E. Barrett by Warranty Deed of Joseph W. Lane and Shirley M. Lane dated January 21, 1994 recorded in Volume 358, Page 203 of the Land Records of the City of South Burlington. AND WHEREAS, GARY A. BARRETT and KAREN E. BARRETT, are desirous of further developing such property, AND WHEREAS, further development of such property requires the approval of the CITY OF SOUTH BURLINGTON PLANNING COMMISSION, AND WHEREAS, GARY A. BARRETT and KAREN E. BARRETT, have requested such approval from the CITY OF SOUTH BURLINGTON PLANNING COMMISSION, AND WHEREAS, the CITY OF SOUTH BURLINGTON PLANNING COMMISSION is agreeable to further development of the property above described if GARY A. BARRETT and KAREN E. BARRETT merge the three (3) parcels of land above described into a single lot, AND WHEREAS, GARY A. BARRETT and KAREN E. BARRETT herewith submit to the City of South Burlington a Plan demonstrating that i the configuration of the above parcels, together or individually, do not cause an encroachment on the setback requirements of any building situated thereon, AND WHEREAS, the CITY OF SOUTH BURLINGTON, GARY A. BARRETT and KAREN E. BARRETT desire to reduce their agreement to writing, NOW THEREFORE, in consideration of the CITY OF SOUTH BURLINGTON approving development of the real property above described, but in no way approving future development not specifically made subject to this Agreement, GARY A. BARRETT and KAREN E. BARRETT, agree for themselves and their heirs, executors, administrators and assigns, that from and after the date of this agreement, the above described real property shall constitute a single lot for all purposes under the City of South Burlington Zoning, Planning and Subdivision Regulations. The original Agreement dated January 18, 1994 and recorded in Volume 357, Page 559 of the City of South Burlington Land Records was signed only by Gary A. Barrett and Karen E. Barrett. There were no witnesses to their signatures. The purpose of this Agreement is correct the excution of the prior Agreement and to have the City of South Burlington to join in the execution thereof. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands this ''��ay of April, 1994. W ESSES CITY OF SOUTH BURLINGTON Al BY: it�dul6 s y authorized agent GARY A. BARRETT KAREN E. BARRETT STATE OF VERMONT COUNTY OF CHITTENDEN /A �if- At South Burlington, Vermont, this day of - , 1994 f,ltccipti �. 3cnG�'SS duly authorized agent of the CITY OF SOUTH BURLINGTON personally appeared and he acknowledged this—i strument by him/her signed to be his/her free t and de ,� M arlA free act and deed of the City of South Burling n. ary Pgblid STATE OF VERMONT COUNTY OF CHITTENDEN At Burlington, Vermont, this �'1711 day of April, 1994, personally appeared GARY A. acknowledged this instrument and deed. REFORMS\barrett.agr BARRETT and KAREN E. BARRETT and they by them signed to be their free act Notary Pu/ is 1 ., 1;}fir' � O•.� r .,� ,�,•,..••'• ,!•A-, ref ,!� G .. ,, , .. .. ..... �.r. ,.i�••w' '' .. +, , nr ;� � ,+,� r r� .4•,.�...:/ • � '•... / . ' w •. .l,•• • ,fig; CD lool Doi OWN is ,.` .... ram, 'r•• ' . . `: '. %r �i te t 17• ' • ,'� •• `.'.r' '+• �•` � •: ` � •�•, '�,•� �.., '! C� .r �•r � � 'r •: t; / :, .�.'v!• 'tie' `.iv,{:. •s••, :, l�,'',�', ,• \ 'J r••i'~�' •s• r ''V \•S• •! /�•• � ,'�Y', •.'. `•.•�tri`�'lili"'�.: �•�".�.-::�!���9�i, '� ..u:,w�a. �I'. :4�f.Y� .r —,.r �•r�,'�:�1• _,. ��.r`Y•r. •1•,rr'':'��?. ,`+ � '/• � ,,•v'.;C,:' ,r•,.•.r':+ :1,•�'�rr?�Ir�1^c1�5 .. 1 .:, .. ;, `4 . � '� . r i � � I 1 • ,I `��Y•.v� rvay�l>,,^r�'+ . lbou,� � ``- s � � '. 11 •i 1. . , � �, r •.emu I 1 ,',1 �\ I'l �) -. Iy �yq'ARl r 1 LY ~ ' . • � - N , �.. �'Ij��►l 3,,r �� r . t �qOf i' ., i . ".." JeLI �'Y +� � � � �' ,' '� ' 1, , , • �I , � ' l � �• {'. � If r r I t. � i _ 1. `. � .� ( � •� I it � '1 � � .1•• .r ' 11 { 11/22/93 MOTION OF APPROVAL BARRETTS I move the South Burlington Planning Commission approve the site plan application of Gary Barrett/Barrett's Tree Service for removal of a 2,250 square foot storage building, construction of a new 3,750 square foot warehouse building, and construction of a 495 square foot second -story addition to an existing office building on 2.15 acres of land currently used for a contracting business and two single-family dwellings as depicted on a plan entitled "Barrett Tree Service", prepared by Potvin with a stamped "received" date of 11/17/93, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall post a $1490 landscaping bond prior to issuance of a zoning/building permit. The bond shall remain in effect for three (3) years to assure that the planted landscaping takes root and has a good chance of surviving. 3. The plan shall be revised prior to issuance of a zoning/building permit to show existing exterior lighting. Any new exterior lighting shall be downcasting and shielded so as not to cast light beyond the property line. Any new lighting or change to existing lighting shall be approved by the City Planner prior to installation. 4. Three (3) copies of the revised site plan shall be submitted to the City Planner prior to issuance of a zoning/building permit. 5. This site plan approval shall not be construed as approval to alter a noncomplying structure. The decision of whether or not to approve alteration to a noncomplying structure shall be made by the Zoning Administrator in accordance with section 19.002 of the zoning regulations. 6. Prior to issuance of a zoning/building permit, the applicant shall record a lot merger agreement in the South Burlington land records. The agreement shall be approved by the City Attorney prior to recording. 7. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the new structure and addition. 9. Any changes to the site plan shall require approval by the South Burlington Planning Commission. (MO- ITS) 11/22/93 MOTION OF APPROVAL BARRETTS I move the South Burlington Planning Commission approve the site plan application of Gary Barrett/Barrett's Tree Service for removal of a 2,250 square foot storage building, construction of a new 3,750 square foot warehouse building, and construction of a 495 square foot second -story addition to an existing office building on 2.15 acres of land currently used for a contracting business and two single-family dwellings as depicted on a plan entitled "Barrett Tree Service", prepared by Potvin with a stamped "received" date of 11/17/93, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall post a $1490 landscaping bond prior to issuance of a zoning/building permit. The bond shall remain in effect for three (3) years to assure that the planted landscaping takes root and has a good chance of surviving. 3. The plan shall be revised prior to issuance of a zoning/building permit to show existing exterior lighting. Any new exterior lighting shall be downcasting and shielded so as not to cast light beyond the property line. Any new lighting or change to existing lighting shall be approved by the City Planner prior to installation. 4. Three (3) copies of the revised site plan shall be submitted to the City Planner prior to issuance of a zoning/building permit. 5. This site plan approval shall not be construed as approval to alter a noncomplying structure. The decision of whether or not to approve alteration to a noncomplying structure shall be made by the Zoning Administrator in accordance with section 19.002 of the zoning regulations. 6. Prior to issuance of a zoning/building permit, the applicant shall record a lot merger agreement in the South Burlington land records. The agreement shall be approved by the City Attorney prior to recording. 7. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the new structure and addition. 9. Any changes to the site plan shall require approval by the South Burlington Planning Commission. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 19, 1993 Gary Barrett Barrett's Tree Service 376 Patchen Road South Burlington, Vermont 05403 Re: Expansion, 376 Patchen Road Dear Mr. Barrett: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent to you at an earlier date. Please be sure someone is present on Tuesday, November 23, 1993 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sin rely, Joe Weith, City Planner Encls JW/mcp /;? all pt'z) TOTAL = 68,265 SQUARE FEET NEW TREES = 2,000 SQUARE FEET LAWN = 520 SQUARE FEET LANDSCAPE NOTES: (9) 8-10 FOOT CEDARS PLAN ED @ $150.00 PER TREE. = $13 50.00 (11) 3 INCH ASH TREE PLANTED. $450.00 160 FEET OF NEW STOCKADE FENCE. = $1450.00 10 NON OFFICE EMPLOYEES AT PRESENT TI?0E. 6 COMPANY VEHICLES OPERATING FROM PREMISES. MA, ill q &M TOTAL = 25,600 SQUARE FEET UNIT 1 = 754 SQUARE FEET UNIT 2 2,100 SQUARE FEET DRIVEWAY 1 DRIVEWAY 2 TOTAL COVERAGE = 600 SQUARE FEET = 900 SQUARE FEET = 4354 SQUARE FEET BUILDING COVERAGE = 2854 SQUARE FEET TOTAL LAWN = 21,246 SQUARE FEET Pl. er�-k b d, PI/I Ir:D3X ;RDIN: NCE A TICLB TITLE PAGE I Definitions 1 II Use of Public Sewers Required 3 III Use of Private Se<<:ers 31 4 IV Building Sewers & Connections 41 K16 V Use Regulations 6979 ,/ VI Protection of System 10 VII Powers & Autcority of Inspectors 10 VIII Extension of Public Sewers 11 IX Penalties 11 X Validity 12 XI Ordinance In Force 12 ORDINANCE ESTA311SHING CH_- RGES Penalties -Payments, etc. 12 'Plater ConsumAtion Char:-e 12 Area Charge 13 IN��ALL� 'I 'd �ii�L'LzTI.NS General lRequirements 16 Materials Allowed 16117 Construction ,Methods 18 ce AA ��i�Xe, S. (��j7/ �v�cc� 75' C64 _ `�7� 6 Sewer Regulation _',rdinance V:ID a -,'NC:,; ii-.• T f ti itv' LE:�I'C &- ?R1V:•.T'E �N ?'� �GUI.,� NG Tiir. U .'"_ ' DHAIN;;, ?RI'VAT SE'r!AG DI" I :G..Ll Ct EL.IL'i1 NG '`Lrt� & h tll:�t;r,. T "RU ::TIC LN1C IIiL T I Y��'. .T•-�* f_' D T� Tj.. 'A 1 R1T"iQ ,l/ '.T T l'. lIBL Iry Ev`W :..�:� vi. a:Jtr:'l (.J� . t�l C a'L 1. 1 �%1NG Z' AL1 .�.''_s �� _ lei': V ll_L'..- 1CNS TriERE; ,- : IN THE CITY C'_� SCU:'H LU iL NI GTON, :;vUitir"1 Cr' �H I:' 1 �NI iN, The City Council of the City of 3cuth Burlington hereby ordains: ART IC LL I Definitions Tjnless the context specifically indicates otherwise, the meaning of terms used. in this ordinance shall be as follows: Sec. 1. 'BCD" (denoting Biochemical Lxyen Demand) shall mean the quantity of oxyp-en utilized in the biochemical oxidations of organic matter under standard laboratory procedure in five (5) days at 200C expressed in milligrams per liter. Sec. 2, "Building Drain" shall mean that part of the lowest hor- izontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pines inside the walls of to building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. Sec. 3. "Building Sewer" shall mean the extension from the build- ing drain to the public sewer or other place of disposal, includ- ing any portion thereof, within public rights -of -ways or easements, meaning in general the sewer line from the building to a collector or trun sewer main. Sec. 4. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage. Sec. 5. Developer shall mean individual, corporation, assoc- iation, or other organization engaed in land development or build- ing construction. :sec. 6. "Garb =.age" s::all mean solid wastes from the domestic and commercial preparation, ccokinJ, and dispensing of food, and from the handling, storage, and sale of oroduce. -1- TOTAL = 68,265 SQUARE FEET NEW TREES = 2,000 SQUARE FEET LAWN = 520 SQUARE FEET LANDSCAPE NOTES: (9) 8-10 FOOT CEDARS PLANTED @ $150.00 PER TREE. _ $1350.00 (11) 3 INCH ASH TREE PLANTED. _ _ $450.00 160 FEET OF NEW STOCKADE FENCE. _ $1450.00 10 NON OFFICE EMPLOYEES AT PRESENT TIlV1E. 6 COMPANY VEHICLES OPERATING FROM PREMISES. TOTAL = 25,600 SQUARE FEET UNIT 1 = 754 SQUARE FEET UNIT 2 = 2,100 SQUARE FEET DRIVEWAY 1 DRIVEWAY 2 TOTAL COVERAGE = 600 SQUARE FEET = 900 SQUARE FEET = 4354 SQUARE FEET BUILDING COVERAGE = 2854 SQUARE FEET TOTAL LAWN = 21,246 SQUARE FEET City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 28, 1993 Gary Barrett Barrett's Tree Service 376 Patchen Road South Burlington, Vermont 05403 Re: Expansion, 376 Patchen Road Dear Mr. Barrett: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please respond to these comments, if appropriate, with additional information and/or revised plans by no later than Friday, November 12, 1993. If you have any questions, please give me a call. Sincer:1y, Raymond J. Belair, Zoning and Planning Assistant Encls RJB/mcp Preliminary November 23, October 29, Page 2 Memo - Planning 1993 agenda items 1993 FRED MCGIBNEY - 2 LOT SUBDIVISION - FINAL PLAT --- plat submitted is acceptable. RAGS & RICHES - RETAIL BUILDING - SITE PLAN --- provide peak number of employees on the site at any one time. --- provide front yard coverage percentage. --- if a dumpster will be used, it must be shown and must be adequately screened. --- the proposed building must be setback 57 feet from the existing right-of-way line. Staff recommends that it be setback 60 feet from the existing right-of-way to coincide with the proposed Williston Road Improvement plans. --- bicycle parking facilities must be provided and shown on the plan as required under Section 19.253b of the zoning regulations. --- staff recommends moving the driveway as close to the east property line as possible for future shared access with the Ramada Inn. This will require moving the parking spaces to the west side of the driveway. --- plan does not show correct location of existing building from the Williston Road right-of-way. The correct distance is 48 feet. BARRETT'S TREE SERVICE - ADDITIONS - SITE PLAN --- plan must accurately depict existing landscaping and green areas on both properties. --- plan must accurately depict proposed green east of office building. --- indicate on plan that a second story addition is proposed for the office building. --- a lot merger agreement will be required prior to issuance of a building/zoning permit. This document must be reviewed and approved by the City Attorney. --- the minimum landscaping requirement, based on construction costs, is $1490. Proposed landscaping must meet this value. Plan should include a planting schedule which includes, size, type and quantity of landscaping proposed. --- indicate size of each lot. --- provide existing coverage information for the residential lot to be acquired. Preliminary Memo - Planning November 23, 1993 agenda items October 29, 193 Page 3 --- indicate number of non -office employees. --- indicate number of company vehicles operating from the premises. --- plan should show sidewalk along front of property. --- applicant must obtain all necessary approvals from the Zoning Board of Adjustment before review by the Planning Commission. --- an accurate site plan showing information described above must be submitted by 11/12/93 in order to secure a spot on the 11/23/93 Planning Commission meeting. JEFF NOYES, JEFF NELSON & CRAIG HEINDEL - OFFICE USE - SITE PLAN --- staff recommends closing the Shelburne Road access and using the White Place accesses in order to meet the City parking and aisle width requirements. Staff recommends a one-way traffic circulation pattern with the westerly access being for ingress and the easterly access being for egress. --- plan should show r.o.w. boundary along Shelburne Road and White Place and indicate lot size. --- coverage percentages should be revised to reflect correct lot area. --- dumpster should be screened. --- a sidewalk should be provided along Shelburne Road. Since this is in the City of Burlington, applicant should consult with the appropriate City officials on it's placement. --- existing and proposed exterior lighting details should be submitted. --- 35 parking spaces required and only 22 spaces area being provided. Applicant may be able to agree that their business is unique and requires a lot of storage to therefore 22 spaces is adequate. --- due to the narrow parking aisle serving spaces 12-20, the easterly most White Place driveway should be ingress only. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments November 23, 1993 Agenda items Date: October 29, 1993 MCGIBNEY 2 LOT SUBDIVISION - HINESBURG ROAD Plan prepared by Vermont Survey & Engineering, Inc. dated August, 1993 is acceptable. PIZZA PUTT ADDITION - AIRPORT PARKWAY 1. Location of water mains on Airport Parkway and Berard Drive should be shown on the plans. 2. Parking area shall be graded so that it drains to the north and toward Berard Drive. RAGS AND RICHES LTD 1. There exists two catch basins on the frontage of this property which should be shown on the plans. 2. Sidewalk on Williston Road should be shown. 3. The sidewalk at the entrance to be closed shall be replaced. It has a dip in it and water will pond there when the barrier curb is installed. BARRETT'S TREE SERVICE - PATCHEN ROAD 1. Final plan shall include a north arrow and a completed title block. 2. Site shall drain toward the rear. JOLLEY ASSOCIATES ADDITION - SHELBURNE ROAD Plan prepared by Schreib Engineering, Inc. dated 3/12/93 is acceptable. a �vutb +ISurlingtnn +Rire Department 575 llvrset street e —*autb Nurlingtnn, lRermnnt 05403 FAX: (802) 658-4748 (802) 6517960 TO: SO. BURL. I NGTON PLANNING COMMISSION FROM: CHIEF GODDETTE: RE: .I_UESDAY NOVEMBER 23 , 199'3 AGENDA ITEMS 1. RAGS AND RICHES LTD DATED 5 ! 18 wS 1087 WILLISTON ROAD 2. 3. 4. PLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM IN GIVEN PROPER FIRE PROTECTION IF REQUIRED. BARRETTS TREE SERVICE PATCHEN ROAD DATED 10/1.2i93 FLAN HAS BEEN REVIEWED AND THE ONLY PROBLEM I SEE AT THIS TIME IS BECAUSE OF THE SIZE OF THE BUILDINGS AND LOCATION ON THE PROPERTY THERE HAS TO BE:. AT LEAST 30'' BETWEEN BUILDINGS IF WE ARE TO GIVE: ADEQUATE FIRE PROTECTION. FREDR I CK & L.OU I SE: MCG I SNEY DATED AUG ►ST , ` 3 PROJECT 4 12793 THE LOT SUB —DIVISION BEING REQUESTED FOR WILL NOT EFFECT EMERGENCY PROTECTION IF NEEDED. S.B. COLLINS) RT.-7 SHE.L_BURNE ROAD PROJECT #829...-1 THE PLAN HAS BEEN REVIEWED FOR THE ADDITION TO THE STORE AND AT THIS TIME I FEEL IT WOULD EFFECT EMERGENCY PROTECTION IF REQUIRED. 5. PIZZA PUT ADDITIONS AIRPORT PKWAY PLAN HAS 'SEEP'; REVIEWED AND BECAUSE OF THE SIZE OF THE BUILDINGS AND THE ADDED SQUARE: FOOTAGE IF APPROVED A HYDRANT WILL. BE REQUIRED AT A LOCATION APPROVED BY THIS OFFICE. I � 45 W w 'R I'' W E N Y � 01- y I� Q10 - 0 1 J _ B �� M a z � a z a z x 2 hL RECEIVED OCT 12 1993 SCALE: E P ` E APPROVED BY: DRAWN DAiE: -5ED City of So. Burlington DRAWING NUMBER GK %,V " OCT 12 1993 S -reee- =il I City of So. Burlington .......... FEII C� cK '5t N 9 0 L61' CEWED )CT 12 1993 f So. Burlington --T 7 0 30'vb6F yo -�— I, RECEIVED OCT 12 1993 City of So. Burlington BCAIE: �� APPROVED RV'. DRAWNB DATE. REviSED DRAWING NUMBER i CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) c71L✓!.f %�GZ✓✓L Z'� 2) APPLICANT (name, address, phone #) L%Q✓cil 15&n—e- -&4 RE--rr_� % ✓ems to P(z,. ^3 Zck o 3) CONTACT PERSON (name, address, phone #) G��✓r�•ff 4) PROJECT STREET ADDRESS: --'59U 5) LOT NUMBER (if applicable) 6) PROPOSED USE (S) 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) 77, 0xsF „_ c � 5 v-n--,aee-t= Y45; , Pie - � -►' add;n9 new ,.�c�..er�oa,, a 3,7 8) NUMBER OF EMPLOYEES �a7. 9) LOT COVERAGE: building _]/ %; landscaped areas.2,y building, parking, outside storage % 10) COST ESTIMATES: Buildings $ �i S�` Landscaping $c�3f�.�, <w Other Site Improvements (please list with cost) $ _- 11) ESTIMATED PROJECT COMPLETION DATE: 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday- through Friday 11-12 noon 12-1p.m. 1-2 p.m. 2-3 p.m. 3-4 p.m. 4-5 p.m. 5-6 p.m. 6-7 p.m. 1 3) PEAK HOURS OF OPERATION: LAA-r ") 1: �c.�, - =rV "'• 50 14) PEAK DAYS OF OPERATION: mo'r\,d rn!� DATE OF SUBMISSION SIGNATURE OF APPLICANT DATE OF HEARING PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 171 OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible.) Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. Existing and proposed curb cuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to of greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 18') with 22 or 24 foot aisles as required. , Number and location of compact car spaces. (This requires sepa- rate Planning Commission approval). • Number and location of handicapped spaces as required. (13 feet. by 20 feet in size, one per every fifty spaces). Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking and outside storage, and landscaped areas. Location of site (Street # and lot. U . North arrow Name of person or firm preparing site elan and date. E