HomeMy WebLinkAboutBATCH - Supplemental - 0012 Berard Driver
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT05403
FAX 658-4748
PLANNER
658-7955
September 16, 1993
Jennifer Fortier
Agway Energy Products
P.O. Box 2226
South Burlington, Vermont 05407
Re: Scale House and Dock, 12 Berard Drive
Dear Ms. Fortier:
ZONING ADMINISTRATOR
658-7958
Enclosed please find a copy of the Findings of Fact and Decision on
the above referenced project which was approved on 4/27/93. If you
have any questions, please give me a call.
n erely,
e Weith,
ity Planner
1 Encl
JW/mcp
A
State of Vermont �U , Y2.
WATER SUPPLY
AND
WASTEWATER DISPOSAL PERMIT
LAWS/REGULATIONS INVOLVED
Case #: WW-4-0853 Environmental Protection Rules
Applicant: Agway Petroleum Effective September 10, 1982
Corporation
Address: P.O. Box 4852
Syracuse, N.Y. 13221 - 4852
This project, consisting of constructing a gravity sewer line to
service a pre-existing building (abandoning the exisitng on -site
septic system at 12 Berard Drive), with a maximum of 35
employees, the line will be connected to a pump station
previously approved in Public Building Permit # PB-4-0784 (14
Berard Drive) for eventual discharge to the municipal treatment
plant. The project is located off Berard Drive 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 or 658-2199), 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 Job 95-
060; "Agway Petroleum Corporation"; Site Plan; dated
2/10/95; Petroleum Corporation prepared by Donald L. Hamlin
Consulting Engineers, Inc. and which have been stamped
"approved" by the Wastewater Management Division. The
project shall not deviate from the approved plans without
prior written approval from the Wastewater Management
Division.
C
C
Water Supply
WW-4-0853
Page 2
and Wastewater Disposal Permit
3. No alterations to the building other than those indicated on
the approved plan or Water Supply and Wastewater Disposal
Permit, which would change or affect the exterior water
supply or wastewater disposal or the approved use of the
building shall be allowed without prior review and approval
from the Agency of Natural Resources.
4. 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.
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 Wastewater Management Division now reviews the sewage
and water systems for public buildings under 10 V.S.A.,
Chapter 61 - Water Supply and Wastewater Disposal Permit.
SEWER
7. The project is approved for wastewater disposal by
connection to the South Burlington municipal sewer system.
No other method of wastewater disposal shall be allowed
without prior review and approval by the Wastewater
Management Division, and such approval will not be granted
unless the proposal conforms to the applicable laws and
regulations.
8. The project is approved for connection to the Airport
Parkway wastewater treatment facility for a maximum of 525
gallons of sewage per day.
C
C
Water Supply and Wastewater Disposal Permit
WW-4-0853
Page 3
9. 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 Wastewater
Management Division that the installation was accomplished
in accordance with the approved plans and permit conditions.
10. The land deed which establishes and transfers ownership of
the subject lot shall contain a legal easement which grants
the proprietor the right to construct, maintain, and replace
a wastewater disposal system in the subject location,
together with the right to enter upon the property for
construction, inspection, maintenance, and other such
reasonable purposes as may arise regarding the wastewater
disposal system. A copy of the easement agreement shall be
submitted to this office.
Dated at Essex Junction, Vermont this 12th day of April, 1995.
By:
c For the Record
William C. Brierley, Commissioner
Department of Environmental Conservation
Wiilliam EX. Zabiloski
Assistant Regional Engineer
South Burlington Planning Commission
South Burlington Selectboard
Water Supply Division
Department of Labor and Industry
Donald L. Hamlin Consulting Engineers, Inc.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658.7955
March 23, 1995
Tom Roy
Hamlin Engineering
136 Pearl Street
Essex Junction, vermont 05452
Re: Agway & 7-Up Buildings, Berard Drive
Dear Tom:
ZONING ADMINISTRATOR
658.7958
The above referenced buildings located at 12 & 14 Berard Drive may
connect to the City's sewer planton Airport Parkway. This may be
done by way of a private pumping station and force main. These
facilities will remain private and maintained by the owners.
The estimated sewage flow from these facilities is 1,059 gpd. The
treatment plant has sufficient reserve capacity to accept and treat
this flow.
Sincerely,
w •
William ymanski,
City Engineer
WJS/mcp
C
SLROW AGREEMENT
T-g1S AGREEMENT, in tripliccte, by and between A�?way Energy,
Products 11 pvreina.zcter referred wo as "Developer"r the
CITY OE' SOUTH BURLT_NGTON, hereinafter referred to as "Municipality'
and Chittenden Bank
hereinafter referred to as "Bank",
W I T N 2 S S E T K: �
WHEREAS, Developer has received fillf'l - bd+ -ion approval from
the municinalitv's P1 nning commission for the construction
8ne thirty thousand gallon propane tank
and building remodeling
to be known asas depicted on a final plat plan entitled "Legend on Final Plat"
dated August 7_-19$9 i Pietocred by Pinkh@ri T,,;,,00,-;-r- -
and Airway Energy Prpduct,3YY_, rind
WHEREAS,' Developer is reauirec by said approval, at its own
expense, to complete certain improveaients; and L
WKEREPS, tine partxes to this agreement wish to establish an
escrow account to secure the obligations of the Developer as set
-forth in the final subdivision approval; and
N;iEREAS, th', Bank executes this agreement solely in the
capacit�of escrow agent.
NOW, THEREFORE, tfze parties hereby Covenant and .agree as
follows;
1. Developer will at its o,;rn expense complete the following
improvemer is in conneGtzorL with its development-
(Description of public improvements required _Ly .subdivision
Install one fire hydrant and one staggered row of 6�- to 8' white
pines to screen the 30.,000 gallon tank from the Winooski River view.
White pines to be 7' apart on center.
09, 27/89 12: 33 tg31.3 449 G078 AGMAY INC.
- - -� � • •
Z 003
F - N 7 L.
2. Deve loper will convey to the Municipality by properly
executed, Warranty I -
and clear of all encumbrances, the
roadways, easements and rather" publ -L --im.provements prior to the
Municipality granting any zoning permits to the deve er.
3. The Developer shall complete the improvements set Forth
in paragraph one no later than May 30, 1990
4. The Developer shall repair or replace any faulty or
defective work or improper material which may appear within three
years of completion.
S. For the guaranty of Developer's performance of all
requirements hereir_above set forth, Deve'.loper and Bank agree that
the sum of $(Amount set by planning commission or its designee)
shall be set aside and held in escrow by the Hank and shall be
available for payment to the Municipality, in accordance with
the terms herein set forth.
6. If the Municipality shall file with the Bank a state-
mdnt that Developer is in the judgement of, the Municipality in
sixty (60) day de -fault under the terms of this agreement, the
Bank ;hall from time to time pay monies from said escrow fund
to the Municipality, in amounts not to exceed a total enabling
the Municipality to complete the improvements and requirements
set ,forth in this agreement.
?. The Munici-
pality will promptly submit to the Developer
a copy of such statement as it files :with the Bank. The consent
of the Developer to such payment by the Bank uo the Municioalit%,
-9-- 5
shall not be required. The Bank shall incur no liability to
.the Developer on account of making such payment to the Municipality.
nor shall the Dank be required to inquire into the propriety of
any claim by the Municipality of default or, the part of the
Developer or into the use of such funds by the Municipality in
completing such improvements:
8. The Municipality shall not file with the Bank a state-
ment of default until sixty (60) days after notice has been sent
by it to the Developer by certified mail, return receipt requester;
set -Ling forth its inter.tion to do so,
9. All monies released by the Bank to the Municipality
pursuant to varaaraph 6 shall be used by the Municipality solely
for the purpose of performing obligations imposed upon the
Developer by that portion of this 'agreement upon which the
Developer is then in default. Any work to be performed by
the Municipality pursuant hereto shall be let on a contractual
basis, or on a time and material basis, or shad be performed
by the KuTiicipality with its own work force and equipment or sha'_'-,
be acco;aplished it, such manner as in the judgment of the
Municipality shall acco:ap?ish the work most expeditiously and
economically.
10. if monies are released by the Bank to the Municipality
pursuant to paragraph n and it shall later develop that a
portion of the released monies are surplus to the Municipality's
needs, any such surplus shall be refunded by the Municipality
to the Bank to be held and distributed by the Bank pursuant
to the terms of this•agreement.
ll. The Bank will not refuse or delay to make such payments
to the Municipality when requested by the Municipality by the,
-2-
appropriate statement, and Developer will riot interfere with or
hinder such payments by the Bank to the Municipality. Said
statement- shall contain a certificate: of compliance with the
notice requirements of paragraph S o` this agreement_
12. miiis agreement shall terminate and shall be of no force
or effect upon performance of ail requirements contemplated
hereby and -he conplet.ion of the warranty period set forth in
paragraph 4.
13. Upon request of Developer, but only at the sole discretion
of the Municipality, the Municipality -may release a portion
of said escrow funds if the Municipality believes that the retentio-':
of aaid funds is not necessary to protect its interests after
a portion of said work has been completed. Bank may release vich
funds only upon ,written consent of the Municipality.
I4. Notwiz.hstandi.ny the provisions or paragraph 13 the sum
of � 2,700000 shall be in any event maintained in
escrow until certification to the Bank by the Municipality of the
completion of the warranty period set forth in paragraph 4.
15. This agreement shall no:. only be binding upon the parties
hereto, but also their respective hears, executors, administrators,
successors and assigns_
. - - . -11, - . 4H -i4,(J 6078
AGWAY INC I
Dated this �. .19 a day 0
IN THE PFESENCE OF:
(DSVELR)
Its Duly AUthotized Agent
CITY 01-- SOUTH BURLINGTON
By.
T='1--S(u1yyv Author IZLdd Agent
By.
I L%--s 1) uthbrized Agent
N
,�,,
AGWAY ENERGY PRODUCTS, P.O. BOX 2226, SOUTH BURLINGTON, VT 05407
802-864-9821
City of South Burlington
Attn: Raymond Belair
575 Dorset Street
South Burlington, VT 05403
October 9, 1990
Dear Raymond:
Per our phone conversation today, I am writing to let you know
that we will be replacing the 11 mugho pine trees in our yard
next spring. Unfortunately our supplier is unable to get his
hands on the trees at this time, but feels certain that he can
get them in the spring.
Thank you for your patience in this matter.
Sincerely,
q '7
Jennifer M. Fortier, Manager
JMF/hs
12 BERARD DRIVE, SOUTH BURLINGTON, VT 05403
J
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT05403
FAX 658-4748
PLANNER
658-7955
April 23, 1993
Jennifer Fortier
Agway Engergy Products
P.O. Box 2226
South Burlington, Vermont 05403
Re: Scale House and Dock, 12 Berard Drive
Dear Ms. Fortier:
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, April 27, 1993 at 7:30 P.M. to represent your request.
If you have any questions, please give me a call.
Si rel ,
J Weith,
City Planner
Encls
JW/mcp
Memorandum - Planning
April 27, 1993 agenda item
April 23, 1993
Page 14
final product and 18 eff,ployee/visitor trips per day. Sight
distance at the new entrance is acceptable. Staff does not see a
problem with traffic.
Other: Plan should be revised to show the correct plant symbol and
quantity for the trees along the access road.
8)
AGWAY - ACCESSORY BUILDING AND LOADING DOCK - SITE PLAN
This project consists of the construction of a 151x20' accessory
building with a 15' x20' open loading dock. The Planning Commission
last reviewed this site on September 26, 1989 when it approved the
current use (minutes enclosed).
This property located at 12 Berard Drive lies within the Mixed
Industrial and Commercial District. It is bounded on the east by
Omega Electric warehouse, on the west by 7-Up, on the north by a
steep bank and on the south by Berard Drive.
Access/circulation: Accesp is provided by one (1) 20 foot curb cut
on Berard Drive. No access changes proposed.
Circulation is adequate.
Parking: No additional parking spaces required. The plan shows 13
spaces which is the number required.
Landscaping: The minimum landscaping requirement for this project
is $870 which will be met. Additional White Pines will be planted
along the top of the bank to screen the building from the Winooski
River. A note should be added to the plan indicating that eight
(8) White Pine trees 5'-6' in height will be planted.
Coverage/setbacks: Building coverage is 7% (maximum allowed is
30%). Overall coverage is 38% (maximum allowed is 70%).
Setback requirements are met.
14
PLANNER
658-7955
C
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
May 25, 1993
ZONING ADMINISTRATOR
658-7958
Jennifer Fortier
Agway Energy Products
P.O. Box 2226
South Burlington, Vermont 05403
Re: Scale House and Dock, 12 Berard Drive
Dear Ms. Fortier:
Enclosed please find a copy of the April 27, 1993 Planning
Commission meeting minutes. Please note the requirement that you
obtain a Certificate of Occupancy prior to occupancy of the
building.
If you have any questions, please give me a call.
S erely,
J e Weith,
City Planner
1 Encl
JW/mcp
i
PLANNING COMMISSION
27 A_pri11993
a e 1
1. The applicant shall post a $12 000 landsca in bond prior to
issuance of a zonin buildin ermit. The bond shall remain in
effect for three years to assure that the landsca in takes root
and has a ood chance of survivin .
2. The landsca e lan shall be revised prior to issuance of a
zonin /buildin permit_to show the followinq:
a. Austrian ine Colorado Blue spruce or some other salt
tolerant ever reen tree substituted for the ro osed White ine
b. correct lant s mbol and uantit for trees alon access road
c. additional laAds_cz_pinq along Airport Parkwa and elsewhere on
the site as approved _by_ the Cit Planner to make u the shortfall
in required_landscapincy,
d. a note indicatin that the ro osed reenhouse is optional.
3. A sewer allocation of 20 000 qpd is g ranted. The applicant
shallpay the required sewer allocation fee rior to issuance of
a zoning/buildincr permit.
4. All exterior li htin
shall not cast light -bey
lighting shall be approve
lation.
shall be downcastin and shielded and
nd the property line. Any change in
d by the City Planner prior to instal-
5. The a_pplicant shall obtain a zonin buildin ermit within six
months or this approval is null and void.
6. The applicant shall obtain a Cert
Administrative Officer prior to occu
ificate of Occ
ncy of t
anc_y f_ro_ m the
ldincr.
7. This site plan a roval shall not be construed as approval to
use buildin materials as shown on the buildin elevation sheet
included in the set of drawin s.
Mrs. Maher seconded the motion which then assed 5-1 with Mr.
Teeson opposing.
8. Site Plan application of Agway Energy Products for
construction of a 600 dq. ft. loading dock and 300 sq. ft.
accessory structure for propane tank maintenance, 12 Berard
Drive:
Ms. Fortier presented the plan. The loading dock will be 15' x
40', made of concrete. It will help with efficiency of
operation. They now have to do this work at a site an hour and a
half away and there is a safety issue of having to handle these
-17-
PLANNING COMMISSION
27 April 1993
page 18
tanks more than necessary. They willalso paint tanks here. The
construction will not involve any additional employees.
Mr. Weith said there are no outstanding issues.
Mr. Teeson moved the Planninq Commissionapprove rove the site_.plan
a lication of A way Energy Products for construction of a 600
s ft. loading dock and 300 s ft. accessory structure for
propane tank maintenance as.dej2icted on a lan entitled "Pro osed
LPG Tank Location" re ared b JRB with a stam ed received date
of _4/15/93, with the following stipulations:
1. All previous approvals and stipulations which are not super-
seded b this approval shall remain in effect.
2. Plan shall be revisedjDrior to issuance of a zonin buildin
permit to include a note indicatinq that 8 white ine trees 5
ft. to 6 ft. in hei ht will be lanted. Three copies of the
revised lans shall be submitted to the Cit Planner.
3. The applicant shall obtain a zoning/building permit within six
months or this approval is null and void.
4. The ap2licant shall obtain a Certificate of Occupancy from the
Administrative Officer_j2rior to occupancy of the building.
Mrs. Maher seconded. The motion thepassed unanimously._
As there was no further business to come before the Commission,
the meeting adjourned at 11:50 pm.
Clerk
-18-
i
MOTION OF APPROVAL
n i
1 11IUV4-- 61LC .ODULII OU111ILYLUIL rJ-dIIIllrlg trommisslon approve the site
plan application of Agway Energy Products for construction of a 600
square foot loading dock and 300 square foot accessory structure
fnr nrnnnnn tank main+onanr•o ac r1 or,; rn+en. A nr, n r I nn .,4
prepared by and dated
with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval -,;tall remain in effect.
The applicant shall obtain a zoning/building permit within six
(6) months or this approval is null and void.
C�X-
(mo-aep)The applicant shall obtain a Certificate of Occupancy from the
Administrative Officer prior to occupancy of the building.
,, ,,ram •
I
PLANNING COMMISSION
26 September 1989
page 3
4. Site plan application of Agway Petrole M Corp. for conversion
of a 2880 sq. ft. building to storage and distrib7tioh use, 12
Berard Drive
Mr. Chagnon said the business will supply propane to homes. They
will install a 30,000 gal. propane tank in back of the building.
It will be a maximum of 18 ft. high. Mrs. Maher felt neighbors
should be notified of this. Mr. Weith noted the use is permitted
in this location. It was agreed the applicant will provide
letters from both neighbors.
Mr. Chagnon said the whole lot is fenced in and they have received
all state permits. The driveway will be 18 ft. wide. The Fire
Chief wants a new hydrant which they will provide.
Mr. Weith suggested some evergreens be planted on the north side of the
tank as screening from the Winooski River.
Ms. Peacock moved to approve the Site Plan application of Agwa
Petroleum Corporation for conversion of a 2,880 sq. ft. building
to storage and distribution use as depicted on a plan entitled
"Topographic Survey for Agway, 12 Berard Drive, South Burlington,
Vermont," prepared by Pinkham Engineering Associates, Inc, and
dated 8/7/89 with the following stipulations:
1. The applicant shall post a $2,700, 3-year landscaping bond
prior to permit. The plan shall be revised to show a row of mugho
pines on the north side of the 30,000 gallon tank to appropriately
screen the view of the tank from the Winooski River.
2. The plan shall be revised to show a minimum 18 foot wide drive
leading to the tank.
3. The plan shall be revised to show an additional hydrant on the
property in a location to be approved by the Fire Chief.
4. Tank storage shall conform to all State and Federal regulations
5. The applicant shall submit a revised plan which addresses the
above stipulations to the City Planner and Fire Chief for approval
prior to permit.
6. No trailers shall be used for storage on the site.
7. Approval is conditional on receipt of a letter from Omega Elec-
tric stating that they have no objections to the placement of the
propane tank.
8. The building permit shall be obtained within 6 months or this
approval is null and void.
I
PLANNING COMMISSION
26 September 1989
page 4
Mr. Craiq seconded. Motion passed unanimously.
5. Site plan application of Merlin Associates for construction of
a 350 sq. ft. addition to the Howard Johnson's Restaurant, 1
Dorset Street
Mr. Reed said they will "face lift" the building front. Seating
will not be increased, just relocated. There will be new handi-
capped equipped bathrooms. The ice cream bar will be reconfigured.
Members agreed new landscaping should be only on the cost of con-
struction of the addition. The applicant will put landscaing in
on the Williston Rd. side. Mr. Weith will calculate the amount.
Ms. Peacock moved the Commission approve the Site Plan application
of Merlin Associates for construction of a 350 sq. ft. addition to
the Howard Johnson's Restaurant as depicted on a plan entitled
"Howard Johnson's Restaurant Renovations, South Burlington,
Vermont," prepared by CS Architects and dated 9/6/89 with the
following stipulations:
1. The applicant shall post a 3-year landscaping bond in an amount
to be determined by the City Planner prior to permit. The plan
shall be revised to show the proposed location of the 5 evergreen
bushes to be relocated. Additionally, new landscaping in an
amount equal to the bond shall be installed and shown on the plan.
2. This approval is based on a maximum number of 225 seats in the
restaurant/pub. Any increase in the number of seats will require
Planning Commission approval.
3. The applicant shall submit a revised plan which addresses stip-
ulation #1 above to the City Planner for approval prior to permit.
4. The building permit shall be obtained within 6 months or this
approval is null and void.
Mrs. Maher seconded. Motion passed unanimously.
6. Revised sketch plan application of Cooley -Wood Corporation for
construction of a 10-room addition to the Ho Hum Motel, 1660
Williston Rd.
Mr. Wood noted the earlier concern was circulation and parking.
The plan has been revised so parking is squared off and 22 ft.
aisles are maintained. They have added a landscape design. Mr.
Weith said he wanted more landscaping for screening on Airport Dr
Members agreed the plan was an improvement.
I
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
March 29, 1993
Jennifer Fortier
Agway Energy Products
P.O. Box 2226
South Burlington, Vermont 05403
Re: Scale House and Dock, 12 Berard Drive
Dear Ms. Fortier:
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 with
additional information and/or revised plans no later than Friday,
April 16, 1993.
If you have any questions, please give me a call.
Since y,
Raymo d J. Belair,
Zoning and Planning Assistant
Encls
RJB/mcp
M E M O R A N D U M
To: Project Files
From: Raymond J. Belair, Zoning and Planning Assistant
Re: Preliminary Comments - April 27, 1993 agenda items
Date: March 29, 1993
CHAMPLAIN OIL - CONVENIENCE STORE/GAS SALES - SITE PLAN
--- cost of canopy should be included in determining minimum
landscaping requirement, this results in a $1,150 shortfall in
landscaping. Applicant should consider planting two (2)
Norway Maples in the landscaped are adjacent to Dorset Street
to make up the shortfall.
--- front yard coverage should be calculated.
AGWAY - ACCESSORY BUILDING & LOADING DOCK - SITE PLAN
--- the minimum landscaping requirement for this project is $870,
applicant should propose $870 worth of landscaping in the form
of evergreen trees to be planted along the top of the bank.
--- plan should indicate that the main building is occupied by
Agway and not Champlain Auto Parts.
--- plan indicates "proposed grass" an "proposed pavement" areas,
if these areas 'have been grassed and paved the "proposed"
notation should be removed.
--- plan should be revised to accurately reflect the location of
the large propane tank and the trees along the fence.
10 FARRELL STREET CORPORATION- MULTIPLE USES - SITE PLAN
--- parking aisle serving double row of parking should be at best
24 feet wide.
--- proposed traffic flow around the building should be indicated
on the plan.
--- exterior lighting details should be submitted.
--- minimum landscaping requirement of $4,000 is not being met as
there are no additional plantings proposed. Staff suggests
that trees be planted along Swift Street.
--- any dumpster(s) should be shown on the plan and screened.
--- front yard coverage should be submitted.
--- plan should have a north arrow.
M E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Engineer
Re: Preliminary Comments April 27, 1993 agenda items
Date: March 26, 1993
NO. TEN FARRELL STREET
1. With the commercial development within the area a sidewalk
along the Farrell Street frontage is warranted.
2. Plan dated 5/28/86 is acceptable.
AGWAY, BERARD DRIVE
Plan dated 9/25/89 prepared by Pinkham Engineering is acceptable.
INTERSTATE SHELL, WILLISTON ROAD
Drainage pipe shall be plastic or concrete not metal or aluminum.
R
TO:
FROM:
RE:
DATE:
1.
2.
3.
4.
5.
*nutb +N urlingtun .+.dire Department
575 +3arset.3treet
-4,alctb -16urlingtan, Urrmant 05403
SO. BURLINGTON PLANNING COMMISSION
CHIEF GVDDETTE
TUESDAV APRIL 27,1993 AGENDA ITEMS
THURSDAV MARCH 25,1993
INTERSTATE SHELL
1055 WILLISTON ROAD
PROJECT # 9301
PLAN HAS BEEN REVIEWED BV THIS DEPARTMENT AND AT THIS
TIME I DO NOT SEE A PROBLEM WITH THE PROJCCT FOR OUR
DEPARTMENT GIVEN EMERGENCY PROTECTION.
10 FARRELL ROAD
REVISED PALN 312193
PLAN HAS BEEN REVIEWED AND AT THIS TIME I FOUND DUE TO THE
SIZE OF THE BUILDING THERE IS A PROBLEM WITH THE PARKING
LAV OUT WHICH WOULD EFFECT ACCESS FOR EMERGENCY E7UIPMENT
IN FOR SETTING UP DURING AN EMERGENCY.
CHITTENDEN SOLID WASTE DIST
PROJECT # 02-9305
AIRPORT PKWAV.
PLAN HAS BEEN REVIEWED AND AT THIS TIME I DO NOT SEE A
PROBLEM WITH GIVEN EMERGENCY PROTECTION IF NEEDED.
AGWAV
12 BERARD DRIVE
(802)658-7960
PROJECT # 6422 -
PLAN HAS BEEN REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM
WITH THIS PROJECT.
DORSET LAND CO. PROJECT N 86090-50
AT THIS TIME I DO NOT SEE A PROBLEM WITH THE PROJECT.
A 1 -/7
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CITY OF SOUTH BURLINGTON
SITE PLAN APPLICATION
1) OWNER OF RECORD (name, address, phone #) Agway Petroleum Corp.
P.O. Box 4852 Syracuse, NY 13221
2) APPLICANT (name, address, phone #) Agway Energy Products
P.O. Box 2226 So. Burlington, VT 05407
3) CONTACT PERSON (name, address, phone #) Jennifer Fortier
1
P.O. Box 2226 So. Burlington, VT #864-9821
4) PROJECT STREET ADDRESS: 12 Berard Drive
5) LOT NUMBER (if applicable) N/A
6) PROPOSED USE(S) Scale house and dock for propane tank
7) SIZE OF PROJECT (i.e. total building square footage, # units,
maximum height and # floors, square feet per floor) The cement
loading dock is 600 square feet.Th�uil in i ne story an
is located on top of the loading dd c t s 0� square feet.
The dock is 4' high and the building is IU' nign.
8) NUMBER OF EMPLOYEES 14 (no additional employees)
9) LOT COVERAGE: building 7 %; landscaped areas_62 %
building, parking, outside storage 38%
10) COST ESTIMATES: Buildings $ 290050 0 , Landscaping $ 900
Other Site Improvements (please list with cost) $
11) ESTIMATED PROJECT COMPLETION DATE: 6/30/93
12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) No change
'his o7eqt is to help make our established operation more e ficient.
Es imaterd 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. T
3-4 p.m. 4-5 p.m. ; 5-6 p.m. ; 6-7 p.m.
13) PEAK HOURS OF OPERATION: 7:30 AM - 4:30 PM
14) PEAK DAYS OF OPERATION: ---,,Monday - Frida
DATE OF SUBMISSION
DATE OF HEARING
SIGNATURE OF APPLICANT
PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17) 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 )k).
North arrow
Name of person or firm preparing site plan and date.
2
-ENERGY PROD 78,&
AGWAY ENERGY PRODUCTS, P.O. BOX 2226, SOUTH BURLINGTON, VT 05407
802-864-9821
City of South Burlington
Attn: Raymond Belair
575 Dorset Street
South Burlington, VT 05403
October 9, 1990
Dear Raymond:
Per our phone conversation today, I am writing to let you know
that we will be replacing the 11 mugho pine trees in our yard
next spring. Unfortunately our supplier is unable to get his
hands on the trees at this time, but feels certain that he can
get them in the spring.
Thank you for your patience in this matter.
Sincerely,
Jennifer r4. Fortier, Manager
JMF/hs
12 BERARD DRIVE, SOUTH BURLINGTON, VT 05403
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
658-7955
0
Mr. Donald Chagnon
c/o Agway Energy Products
257 Pine Street
Burlington, Vermont 05401
September 19, 1990
ZONING ADMINISTRATOR
658-7958
Re: Findings of Fact, Storage and Distribution Facility, Berard
Drive
Dear Mr. Chagnon:
Enclosed, please find copies of two (2) Findings of Fact relative
to the above referenced project. Should you have any questions,
please feel free to contact me.
Sincerely,
Raymond J. Belair,
Zoning and Planning Assistant
Encls
RJB/mcp
Memorandum -
September 26,
September 22,
Page 2
Planning
1989 agenda items
1989
Traffic: A traffic analysis
impact of the development on the
section. Thp analysis assumes
tion since a light is planned to
analysis, the intersection will
at level of service C.
I will look into when the City
traffic light. The Commission
the addition can go in before
forwarded a copy of the traffic
comment.
was conducted to determine the
Kennedy Drive/Tamberlane inter -
traffic light at this intersec-
be installed soon. Based on the
operate in the design year (1994)
is planning on installing the
should discuss whether it feels
the light is installed. I have
analysis to the CCRPC for their
Other: Chief Goddette has requested an emergency access between
the staff parking area and Timberlane. I recommended against
this. It would destroy an existing buffer/screen and would
provide an unsafe access too close to the Kennedy Drive/Timber-
lane intersection. Chief Goddette's concern would be resolved by
providing a 30 foot wide access aisle around the 3 sides of the
building (24 foot wide aisle currently proposed). However, this
would result in the total lot coverage being exceeded.
Agway Petroleum Corporation proposes to change the use of this
property from auto repair to bulk storage and distribution. The
existing metal frame garage would be used to store furnace and
other large items. Other parts inventory would be housed in the
metal main building, the most of which would be used for office
space.
A new 30,000 propane gas tank would be installed in the rear. No
oil will be on the premises, other than that contained in a 2e -51P '
oil truck which will be parked on the site. Empty propane tanks
will be stored in the rear of the lot.
The property is zoned C-1 (mixed industrial/commercial) and is
surrounded by storage/distribution uses. Omega Electric is on
the east, and 7-Up on the west and an open storage area used by
Ciantro is towards the south. The land directly across from the
project site is vacant.
2
A
Memorandum -
September 26,
September 22,
Page 3
Planning
1989 agenda items
1989
Access/Circulation: Access would be provided by a 20 foot curb
cut on Berard Drive, currently in use. Circulation would be
provided along the eastern side of the buildings. The plan shows
the access drive to the rear as 15 feet wide and gravel.
Setbacks/Coverage/Frontage: All setback, coverage and frontage
requirements are met.
Parking: The project requires 13 parking spaces. The plan shows
13.
Landscaping/Screening: The project requires $2700 in landscap-
ing. The site is fairly well landscaped now with several yews
and junipers. There are 2 mature pines and one oak tree. I
recommend a row of pines immediately north of the 30,000 gallon
tank to screen the tank from the Winooski River (recreation
area).
Other: See Bill Szymanski's and Chief Goddette's comments.
5) ADDITION TO HOWARD JOHNSON'S. DORSET STREET
Merlin Associates proposes to construct a 350 square foot
addition to the Howard Johnson's restaurant. The applicant
claims that the existing number of seats in the restaurant/pub
will not be increased. There are currently 225 seats in the
restaurant pub.
Access/Circulation: Access and circulation will not change.
Setbacks/coverage: Setback and coverage scales are met.
Parking: The property requires 176 parking spaces for hotel and
restaurant use. 176 spaces are shown.
Traffic: Since number of seats and employees will not change,
traffic generation should not change. The approval motion should
reference a maximum number of approved seats (225).
Landscaping: The project requires $5,250 in new landscaping. No
new landscaping is proposed. The plan should indicate where the
5 evergreen shzubs to Le disY�upi.cd by tlic addition are to be
relocated.
3
CITY OF SOUTH BURLINGTON
SITE PLAN APPIACATION
1 ) OWNER OF RHCON1) ( name, address, phone # )-_RAYMOND & ANNAMARIE
CHARLEBOTS 3-8 SOUTH BAY CI13jMZ-,.—COLCHESTER VERMONT,_ 05446: 802-864-0537
2) APPLICANT (name, address, phone #)_AGWAY PETROLEUM CORPORATION,
3 BUTTERNUT DRIVE, DEWITT NY 13214
3) CONTACT PERSON (name, address, phone #) DONALD CHAGNON C/O AGWAY
ENERGY PRODUCTS, 257 PINE ST. BURLINGTON VT. 05601 802-864-9821
4).PROJECT STREET ADDRESS: 12 BERARD DRIVE SOUTH BURLINGTON VT.
5) LOT NUMBER (if applicable)
6) PROPOSED USE(S) BULK STORAGE AND DISTRIBUTION FACILITY
7) SIZE OF PROJECT (i.e. total building square footage, # units,
maximum height and # floors, square feet per floor)
8) NUMBER OF EMPLOYEES FIFTEEN
9).LOT COVERAGE: building 6 %; landscaped areas 42 %
building, parking, outside storage 58 %
10) COST ESTIMATES: Buildings $ 90,000 , Landscaping S 10,000
Other Site Improvements (please list with cost) S 40,000
30;000 GALLON STORAGE TANK WITH CONCRETE WORK AND PIPING
11) ESTIMATED PROJECT COMPLETION DATE: DECEMBER 15, 1989
12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) THIRTY FIVE
Estimated trip ends (in and out) during the following hours:
Monday through Friday
11-12 noon_; 12-1p.m. 4 ; 1-2 p.m. 4 2-3 p.m._0
3-4 p.m._0 4=5- p.m. 8 ; 5-6 p.m. 1 6-7
13) PEAK HOURS OF OPERATION: 8 a.m. - 4:30 p.m.
14) PEAK DAYS OF OPERATION: _ONDAY - FRIDAY
AUGUST 17 z-19 89 /—.I .. _---= ^��R�ayQr
DATE OF SUBMISSION SIGNATURE F APPLICANT
DATE OF HEARING
PROPOSED AG14AY ENERGY PRODUCTS
FACILITY AT 12 BERARD DRIVE
SOUTH BURLINGTON VERMONT
1 1' ;L
p?`SPf; 7i:-�r
a�► -
- --- -- ---- ----------------------
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PROPOSED AGWAY ENERGY PRODUCTS
FACILITY AT 12 BERARD DRIVE
SOUTH BURLINGTON VERMONT
p,P ! i- _
t1 �� C/ �1
i12.Y i�-
-- - -
I
permit issued.
b. Additional visitor parking shall be provided equal to
twenty-five percent (25%) of the above spaces.
C. Parking spaces shall be located in reasonable
proximity to the destination points.
d. Parking areas for vehicles related to any new
construction shall be provided.
3. Off -Street Loading and Unloading Space
The following off-street loading and unloading spaces
shall be required.
a. Retail Business and Services - One space of at least two
hundred fifty (250) square feet for each 3,000 square
feet of floor area or partthereof.
-
b. Wholesale and Industrial One space of at least 500
square feet of each 10,000 square feet of floor area
of part thereof.
C. Bus and Trucic Terminal - Sufficient space to
accommodate the maximum number of buses or trucks to
be stored or to be loading or unloading at the
terminal at any one time.
TABLE II
PERFORMANCE STANDARDS
1. Fire and Explosion Hazards
All activities involving and ali storage of flammable and
explosive materials shall be provided with adequate safety
and fire -fighting devices in accordance with all applicable
state and local laws and regulations. Burning of waste
materials in open fires is prohibited.
2. Vibration
No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instrument
at or beyond the lot lines; nor shall any vibration produces
exceed 0.002g peak at up to 60 ops frequency, measured at or
beyond the lot lines using either seismic or electronic
vibration measuring equipment. Vibrations occurring at
higher than 50 ops frequency or random vibrations shall not
induce accelerations exceeding .001g. Single impulse random
vibrations occurring at an average interval greater than 5
minutes shall not induce accelerations exceeding .01g.
78
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER ZONING ADMINISTRATOR
658-7955 658-7958
August 23, 1990
Mr. Donald Chagnon
c/o Agway Energy Products
257 Pine Street
Burlington, Vermont 05401
Re: Storage and Distribution Facility, Berard Drive
Dear Mr. Chagnon:
I have recently reviewed the landscaping at your facility on
Berard Drive for conformance with the approved site plan. All
was found to be in compliance except that of the 11 mugho pines
planted on the north side of the tank, only two (2) of them
appear to be still alive. The City requests that these dead
plants be replanted this fall.
Thank you for your attention to this matter. Should you have any
questions, please feel free to contact me.
Sincerely,
Ali,
Raym nd J. Belair,
Zoning and Planning Assistant
RJB/mcp
'14
PLANNING COMMISSION
10 October 1989
page 7
to construction and shall be reviewed and approved by the City
Attorney prior to recording.
2. The landscape plan shall be revised to show several 2-1/2 inch
caliper honey locust planted along_Williston_Rd. and along the
east property line. Railroad ties shall -frame the -front yard
green area.
3. The applicant shall contribute_prior to construction $40 to the
Williston Road Improvement Fund (Area 2)based _on the 4 peak hour
trip ends to be generated by this project.
4 The applicant shall submit a drainage__plan__to__the City Engineer
for approval prior to construction.,
5. The plan shall be revised to clearly_show the area in which
vehicles will be parked for display. An_unobstructed lane along
the buildings shall be shown for emergency access.
6. A revised plan addressing the stipulations above shall be
submitted to the City Planner. City Engineer and Fire Chief for
approval prior to construction.
7. This approval is contingent upon_the granting of a_variance-by
the Zoning Board to exceed front yard coverage, if required.
Mrs. Maher seconded. Motion passed 3-2 wi_th_Mr___C_raig and Ms.
Peacock opposing.
7.gemised Site Plan application of Agway Petroleum Corporation for
conversion of a 2880 sq. ft. building to storage and distribution
use
Mr. Gravel said the only remaining issue involves notification
of neighbors to see if there is any objection to the 30,000 gal.
propane tank. He noted neighbors have concern and are present to
voice them.
Mr. Peterson, attorney for Prime Realty Trust which owns the
property on which Omega is located, said Omega has serious safety
concerns about a large volatile tank being located next door. Mr.
Giannelli said they feel in additiofo safety that their insurance
rates may go up when the inspectors come and check the building
for safety. Mr. Peterson said they are also concerned about the
property value being affected.
Woody Clifton of Champlain Valley Gymnastics said they have 300-
400 children using their facility and was concerned for safety and
that parents may take their children elsewhere when they find out.
He noted this is in the approach cone to the airport and felt if a
PLANNING COMMISSION
10 October 1989
page 8
plane crashed into the tank, it would blow up the whole area. Mr.
Giannelli noted another of their attorneys just handled a case
where a propane tank demolished a $2,000,000 hotel.
Lucille Payne said she was concerned for people in K of C Hall.
She noted from 300-400 people are there 3 times a week for Bingo
and for wedding receptions, etc. She said that one firefighter
told her he couldn't believe the city would even consider putting
a propane storage tank at that end of the runway. She was also
concerned with gas trucks going back and forth on Airport Parkway.
Ray Henderson said he checked with the airport manager's office
and they have 160 commercial flights a day. He wanted to know
what damage would be caused if the worst type of accident
happened.
Mr. Stanhouser, propane technical consultant, first explained the
incident in Manchester. He noted a 500 gallon staraqe tank was
being moved and went over a curb and broke off a valve. An escape
of propane caused the disaster that followed. He stressed that
the tank should never have been moved that way in the first place.
Mr. Stanhouser said the tank in this plan meets certain specs as
to steel, welding, safety features. There is a 4-1 safety factor.
The steel is 3/4" thick. He didn't think an airplane hitting it
would dent it. There is a relief valve that opens to relieve extra
pressure. He said he has never seen such a tank explode. The
system is closed when gas goes from the tank to a truck so no
vapors escape He said in his opinion, this tank is as safe as it
can be. It meets all requirements of state and federal law. He
said they submitted an application to the State of Vermont which
has been approved by the Dept. of Labor and Industry and the Fire
Marshal.
Mr. Craig asked if there is a federal or state requirement that
addresses airports near the location of such a tank. Mr. Stan-
houser said there are propane tanks on the airport. Mrs. Maher
asked if Mr. Stanhouser would state that if an airplane hits this
tank, it wouldn't make a dent in it. Mr. STanhouser said he
doubted it would put a dent in it and strongly felt the tank would
not explode. Oxygen is needed for combustion, and there is no
oxygen in the propane tank. He said there is no history of a
plane hitting such a tank. He said the tank has every safety
feature ever devised.
Mr. Peterson said he was concerend with an airplane contacting
with other parts of the system and asked if they are as secure as
the tank. Mr. STanhouser said the outward flow of gas is shut off
if pressure drops.
PLANNING COMMISSION
10 October 1989
page 9
Mr. Chagnon noted propane tanks are at schools and many school
buses use propane as fuel. There will be only 2 trucks a day
going to the facility and there are already those same 2 trucks
using the road now. Mr. Stanhouser said cargo tanks on trucks are
constructed according to specs that require certain valves for
protection. The Dept. of Transportation now will occasionally
without notice stop trucks and inspect them. If they don't comply
with regulations, they are cited. Agway has never been cite.d for
anything more than a light being out on a truck. He said their
trucks are probably as safe a vehicle as is on the road.
Mrs. Maher said the Commission is supposed to be concerned with
safety and the welfare of people in South Burlignton. She felt
this location is a potential danger because of its location near
the end of the runway and because there are many people qoing in
and out every day.
Mr. Belter said this is an industrial park and that is where uses
such as these should qo. He noted that all industrial land is
near the airport. He said he uses propane and has never had a
problem.
Ms. Peacock said she has a hard time deciding as she didn't know
how to evaluate safety. She was concerned not with the tank but
with human error, but since the state and federal authorities have
approved it, she would go for it. Mr. Craig agreed but said if
the Fire Chief and authorities say it's OK, and the airport has no
objections, he would vote in favor. Mr. Burgess said he couldn't
imagine anything less safe than a gas station with people pumping
their own gas. He felt the use belonqs in an industrial park and
that's where it is proposed. He didn't feel there was a legal
right to deny it as they meet all requirements.
Ms. Peacock moved the Planning Commission_approve the revised Site
Plan application of Agway Petroleum Corporation for conversion of
a 2880 sq. ft. building to storage and distribution_ use as de-
picted on a plan entitled "TopographicSurvey for Agway, 12 Berard
Drive, South Burlington, Vermont,"_prepared_by __Pinkham Enn ineer-
ing Associates, Inc, and dated 8/7/89 with -the following stipula-
tions:
1. The stipulations contained in the 9/26/89appro_val motion for
this project shall apply_with the exception of the stipulation
which relates to the_approval_b_y the adjoining property owner to
the east (Omega Electric).
Mr. Craig seconded. Motion passed 4-1, Mrs. Maher opposing.
8. Discussion of Section 18.112 "Height of Structures"
Burlington Zoninq Regulations
Mr. Weith said he didn't have a clear understanding of what the
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
658-7955
November 7, 1989
Mr. Donald Chagnon
c/o Agency Energy Products
257 Pine Street
Burlington, Vermont 05401
Re: Storage & distribution facility, Berard Drive
Dear Mr. Chagnon:
ZONING ADMINISTRATOR
658-7958
Enclosed are the 10/10/89 Planning Commission meeting minutes.
Please call if you have any questions.
S" c ely
cam•-'���
Joe Weith,
City Planner
1 Encl
JW/mcp
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
658-7955
October 26, 1989
Mr. Donald Chagnon
c/o Agency Energy Products
257 Pine Street.
Burlington, Vermont 05401
Re: Agway storage/distribution facility, Berard Drive
Dear Mr. Chagnon:
ZONING ADMINISTRATOR
658-7958
Enclosed are the 9/26/89 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' rely,
Joe Weith,
7-2City Planner
1 Encl
JW/mcp
C
PLANNER
658-7955
C
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
October 6, 1989
Mr. Donald Chagnon
(7/o Agency Energy Products
257 Pine Street
Burlington, Vermont 05401
Re: Storage/distribution facility, 12 Berard Drive
Deer Mr. Audette:
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, October 10, 1989 at 7:30 P.M.
to represent your request.
n .erely,
Joe Weith,
City Planner
EnclF
JW /mcp
9/26/89
JW
MOTION OF APPROVAL
I move the South Burlington Planning Commission approve the Site
Plan application of Agway Petroleum Corporation for conversion of
a 2,880 square foot building to story_-e and distribution use as
depicted on a plan entitle,: "Topographic Survey for Agway, 12
Berard Drive, South Burlington, Vermont," prepared by Pinkham
Engineering Associates, Inc., and dated 8/7/89 with the following
stipulations:1�,�a
1. The applicant. all p st a $2,700, 3-year landscaping bond
prior to permit. The plan shall be revised to show a row of
planted on the north side of the 30,000 gallon tank to
appropriately screen the view of the tank from the Winooski
River.
2. The plan shall be revised to show a minimum 18 foot wide
drive leading to the tank.
3. The plan shall be revised to show an additional hydrant on
the property in a location to be approved by the Fire Chief.
4. Tank storage shall conform to all State and Federal regula-
tions.
5. The applicant shall submit a revised plan which addresses the
above stipulations to the City Planner_ and Fii,_ iii r>t_ for .q,prcv
al prior to permit.
k ,FS. The building permit shall be obtained within 6 months or this
approval is null and void.
u
I
10/10/89
JW
MOTION OF APPROVAL
I move the South Burlington Planning Commission approve the
revised Site Plan application of Agway Petroleum Corporation for
conversion of a 2,880 square foot building to storage and distri-
bution use as depicted on a plan entitled "Topographic Survey for
Agway, 12 Berard Drive, South Burlington, Vermont," prepared by
Pinkham Engineering Associates, Inc., and dated 8/7/89 with the
following stipulations:
1. The stipulations contained in the 9/26/89 approval motion rr 44
shall apply with the exception of
TELEPHONE MEMO
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Signature
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City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
658-7955
September 22, 1989
Mr. Donald Chagnon
c/o Agency Energy Products
257 Pine Street
Burlington, Vermont
Re: Proposed storage/distribution use, 12 Berard Drive
Dear Mr. Chagnon:
ZONING ADMINISTRATOR
658-7958
Enclosed is the agenda for next Tuesday's Planning Commission
meeting and my comments to't-he Planning Commission. Also
enclosed are Bill Szymanski's and Chief Goddette's comments.
Please be sure someone is present on Tuesday, September 26,1989
at 7:30 P.M. to represent your request.
Sincerely,
JO:Lith,
City Planner
Encls
JW/mcp
M E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Engineer
Re: September 26, 1989 agenda items
Date September 22, 1989
3) ASSOCIATES IN RADIOLOGY. TIMBERLANE
1. Storm drain should tie into the existing drain along the west
side. The parking lot should include storm drain inlets tied
into the storm drain.
2. There should be a contribution toward the cost of the traffic
signals that will be installed at the intersection of Timberlane
and Kennedy Drive.
3. There should be a sidewalk along the reconstructed driveway
with handicap ramps on Timberlane. A cross walk shall be painted
on Timberlane.
1. Tank storage shall conform to all State and Federal Require-
ments.
2. Storage area should include security lighting.
5) HOWARD JOHNSON'S, WILLISTON ROAD
This addition shall have no impact on the land required by the
City for the proposed Dorset Street improvements planned for next
year.
6) HO-HUM MOTEL, WILLISTON ROAD
Expanded parking area should include drainage inlets piped to the
storm drainage system on Williston Road. A plan should be sub-
mitted.
7) MOBIL STATION. KENNEDY DRIVE/WILLISTON ROAD
I. Two flowering crab trees shall be planted in the intersection
to replace those removed by the operators of the station.
2. A sidewalk shall be constructed along the Williston Road and
payment in lieu of construction along Kennedy Drive.
TO:
FROM:
RE:
DATE:
2.
3.
�autt N urltttgton -Wire Department
ent
575 Barnct 3trcct
�tntt11 4-13nrlintlton, 11crmunt 115403
i802) 658-7960
SO. BURLINGTON PLANNING COMMISSION
CHIEF GODDETTE
TUESDAY SEPTEMBER 2621989 AGENDA ITEMS
WEDNESDAY SEPTEMBER 20,1989
Agway 12 Berard Drive
Change of use
Plans have been reviewed by this department and
the following is needed for emergency protection
due to the hazard;
A. Gravel Driveway must be at least 18' for
fire lane.
B. Because of the 30,000 gal. 1pg tank 1-hydrant
should be installed on the property at a
location approved by this office.
Mobil Retail store Kennedy Drive
Plans reviewed on this project and at this time
I do not see a problem in given emergency protection.
Howard Johnson Williston Road
Restaurant addition
Plans reviewed and at this time I do not see a
problem in given emergency protection.
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LK&M
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
65&7955
April 27, 1988
David Desarno
344 Dorset Street
South Burlington, Vermont 07403
Dear Mr. Desarno:
ZONING ADMINISTRATOR
65&7958
Enclosed please find your copy of Findings of Fact.. If you have
any questions please call me.
Sincerely,
_1
Jane B. Lafleur,
City Planner
J BL/mc}>
l Enp I
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
April 13, 1988
David Desarno
344 Dorset Street
South Burlington, Vermont 05403
Re: 12 Berard Drive
Dear Mr. Desarno:
ZONING ADMINISTRATOR
658-7958
Enclosed are the minutes of the March 29, 1988 Planning
Commission meeting. Please call me if you have any questions.
Sincerely,
lJ�
Jane B. Lafleur,
City Planner
JBL/mcp
1 Encls
CITY OF SOUTH BURLINGTON
SITE PLAN APPLICATION
1) OWNER OF RECORD (name, address, phone t) 862-2956`—___
C. David DeSarno & Janet M. DeSarno 344 Dorset St. So. Burlington, VT 05403
2) APPLICANT (name, address, phone
01 A6v e
3) CONTACT PERSON (name, address, phone #)_ 862-2956
Dave-DeSarno
4) PROJECT STREET ADDRESS: 12 Berard Drive, South Burlington
5) LOT NUMBER (i C applicable)__ _
6) PROPOSED USE (S) t
1esaTe rya b
5V C
U
7) SIZE' OF PROJECT (i.e. total building square t'oota,,e, un) t s,
maximum height and # floors, square feet per t'loor)
Bldg.#1�2900 sq. ft. single story #2 1100 sq. ft. single story
8) NUMBER OF EMPLOYEES 13
9) LOT COVERAGE; building _8___ Yo; landscaped areas__ 5._%
building, parking,, outside storage -7-7_%
10) COST );STIMATES: Bui1,_4ings $ Landscaping
Ot.hor Site Improvements ;please list with cost.) S
No site im2rovements Landscaping existing
11) I•:5'1'1."I:�'I'I:I) P1zO.11:C:'1' Cc)^INLV:,I,IOn U.II 03/16/88
12 ) 1• ST 1 MA'I'P.I) A1'VUAGI': 1)A 1 I.1 TIt 1F F I ( ( I II 7t::41 uu t )
;tn lit, 1") 1 1 (1:. I Ire Il 11 �.
1,.w. p.n:.
PLANNING COMMISSION
29 March 1988
page 3
3. The plan shall be revised to show manhole and inlet details
and submitted to the City Engineer for approval prior to permit.
4. The 6 parking spaces in the front shall not be put in and this
area shall be seeded and grassed unless it is determined to be
needed for parking by the City Planner.
5. The first 5 parking spaces on the east side shall be moved
back to the five foot setback line, increasing the aisle width.
6 The parking lot to the north (rear) of the building shall be
graded and sloped to drain to the south.
7. Nothing shall be placed in the area reserved as a turn -around
area on the west side of the rear lot.
8. Retail space is limited to 2400 sq. ft. Any increase or
change shall have to be approved by the Planning Commission.
9. Dumpster location shall be shown on the plan with screening
and shall be approved by the City Planner prior to permit.
10. The building permit shall be obtained within 6 months or this
approval is null and void.
Mr. Belter seconded the motion which passed unanimously.
3. Site plan application of David and Janet DeSarno for
conversion of existing building to 2 multiple uses including
wholesale. retail, storage and distribution, 12 Berard Drive
Mr. DeSarno the 2 buildings on the lot have both been used by the
body shop in the past and he hopes to have only 1 tenant again,
but there could be as many as three. Mrs. Lafleur said they had
gotten Zoning Board approval for multiple use which would mean
the major building would be split into 2 uses.
Mrs. Hurd moved that the Planning Commission approve site plan
application of David and Janet DeSarno for conversion of existing
building to two multiple uses including wholesale, retail,
storage and distribution at 12 Berard Drive as depicted on a plan
entitled "DeSarno" dated 2 12 88 with the following stipulations:
1 The building permit shall be obtained within 6 months or this
approval is null and void.
Mr. Belter seconded the motion which passed unanimously.
4. Sketch plan application of Sawyer and Linka Lee —for a 2 lot
subdivision consisting of one 10.3 acre parcel with 8 acres in
PLANNING COMMISSION
29 March 1988
page 4
South Burlington and 2.3 in Shelburne and the second parcel being
the remainder of the farm located in Shelburne located south of
Cheese Factory Lane
Mrs. Lafleur said the lot is conforming, and Shelburne is willing
to accept this. She asked if the applicant had any objection to
giving the City of South Burlington an easement so the snowplow
can come down in to the property. Mr. Lee said they had no
objection. No problems were raised by the Commission.
5. Consider proposed zone change request for Patchen Road area in
the vicinity of Harrington Bros, Frank Cota and Barrett Tree
Service, represented by Robert Perry
Mr. Perry noted he was representing only Mr. Frank Cota. Mr.
Perry said he felt the City would benefit from the proposed zone
change. Mrs. Maher asked how the City would benefit. Mr. Perry
said that it would eliminate non -conforming lots and the land
could be taxed as commercial. Mrs. Peacock noted that the land
is already developed and taxed as commercial. Mr. Perry said
they felt it unfair to create non -conforming uses in an area that
is going to stay residential for a long time. As non -conforming
uses the owner cannot upgrade or expand. Mrs. Lafleur noted the
applicant was turned down for a variance by the Zoning Board.
Mr. Burgess said he failed to see any unfairness in the
siatuation. The owner is there on a variance. He's already
gotten more than what he would be entitled to. Mrs. Maher said
she was adamantly opposed to any zone change. Mr. Jacob said if
the de facto commercial uses could be buffered from the R-4 zone
he would consider it. Mr. Cota said there is a natural buffer in
a ravine on one side of his lot.
As there were three members of the Commission opposed -to the
zone change, discussion on the matter was terminated.
6. Work Session on proposed scenic protection overlay zone on
Spear Street and set date for public hearing
Mrs. Lafleur noted that concern has been raised about the loss of
the view on Spear St. Interim zoning has been drafted, and a
hearing is set for the City Council on 4 April. The proposed
zone would start at Deerfield Road and run north for 1140 feet.
One house has already been built and by the new zoning this house
would have had to be 14 feet less in height. The intent of the
new zoning will be to preserve the view from the City's scenic
overlook and also for passing motorists. Mr. Belter raised the
question of notification of owners. Mrs. Lafleur said this is
not required but it can be done.
3/28/88
JBL
Motion of Approval
That the South Burlington Planning Commission approve site plan
application of David and Janet DeSarno for conversion of existing
building to two multiple uses including wholesale, retail,
storage and distribution at 12 Berard Drive as depicted on a plan
entitled "DeSarno" dated 2/12/88 with the following stipulations:
1) The building permit shall be obtained within 6 months or this
approval is null and void.
Memorandum - Planning
March 25, 1988
Page 2
3) DESARNO, 12 BERARD DRIVE
David Desarno proposes to convert the body shop at 12 Berard
Drive to a mixed use facility including two of the following
uses: wholesale, distribution, retail and industrial. The 2900
square foot building will be divided in half. The second
building on site is an 1100 square foot single story building.
The 48,600 square foot property is zoned Industrial -Commercial
and since this is a change of use, it requires Planning
Commission approval.
Access: Access is adequate from existing driveway.
Circulation: Is adequate.
Parking: The 2900 square foot building will be divided in half.
Eight parking spaces are existing. This should be adequate.
Landscaping: All landscaping is existing. No new landscaping is
proposed or required.
Other: See Bill Szymanski's comments.
4) LEE, CHEESE FACTORY LANE
Sawyer and Linka Lee propose to subdivide a 10.3 acre parcel from
the 121.5 acres of land owned by John Ewing and Linka Lee. Eight
acres are in South Burlington and 113.5 total are in Shelburne.
The new lot will consist of the 8 acres in South Burlington and
2.3 in Shelburne. The balance of the property is located in
Shelburne. Since we require a 10 acre minimum and Shelburne
requires 5 all 8 acres in South Burlington will be part of the
lot to make it conform to our standards. The house will be
located in Shelburne.
Access: The 10.3 acre parcel will be served by a 50 foot right-
of-way across the Alfred Leduc property at the end of Cheese
Factory Lane.
Sewer and Water: Sewer and water will be from on -site systems.
Other: See Bill Szymanski's comments.
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
March 25, 1988
David Desarno
344 Dorset Street
South Burlington, Vermont 05403
Re: 12 Berard Drive
Dear Mr. Desarno:
ZONING ADMINISTRATOR
658-7958
Enclosed are the agenda and my memo to the Planning Commission
regarding your application. Also enclosed are Bill Szymanski's
comments. Please be sure someone is present on Tuesday, March
29, 1988 to represent your request.
Sincerely,�tcv�
���6'
Jane B. Lafleur,
City Planner
JBL/mcp
Encls
M E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Manager
Re: March 29, 1988 agenda items
Date: March 25, 1988
2) COMMERCIAL BUILDING, AIRPORT ROAD
1. The 18 inch metal drain pipe adjacent to the west property
line has been a maintenance problem to the City. We suspect a
portion or all of it is rusting out. This pipe should be
replaced with concrete or plastic pipe. The City will cooperate
with the developer to see that this is done. Because of the
depth of the pipe (8' - 101) the corner of the building could be
undermined if the pipe is replaced after construction. There is
an easement along this pipe and should be shown on the plans.
The building must be outside of the easement.
2. Plan should include manhole and inlet details.
3) DESARNO, 12 BERARD DRIVE
No comments.
4) EWING-LEE SUBDIVISION, CHEESE FACTORY LANE
1. Cheese factory Lane is a City street, the City plows this
street. Plows have to turn -around on private property. This has
not been a problem however, the City should have something in
writing or an easement to do this.
1
�Dr2�l "4-^)C.)
U
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
February 29, 1988
Mr. David DeSerno
344 Dorset Street
South Burlington, Vermont 05403
Re: Zoning hearing
Dear Mr. DeSerno:
ZONING ADMINISTRATOR
658-7958
Be advised that the South Burlington Zoning Board of Adjustment
will hold a public hearing at the City Offices, Conference Room,
575 Dorset Street on Monday, March 14, 1988 at 7:00 P.M. to
consider your zoning application.
Please plan to attend this hearing.
Very truly,
Richard Ward,
Zoning Administrative Officer
RW/mcp
5O -MU -LA
ZONING NTON
OTICE
In accordance with tM South
Burlington Zonirp Re�ulotions
and Chapter 117, Title 24
V.S.A., the South burlingron Zon
ing Board of Adivatment will hold
Continued Next Column
LEGAL NOTICES 1
a public h""7 at the South
Burlington Municipal Offices.
Conference Room, 575 Dorset
Street. South Burlington, Vermont
on m. to consider B
7,00
P
sider the follow-
Ing,
N 1 Appeal of IDS Realty, Pet'
or Judge seeking approval.
from Section 19.65 subsec-
tion 19.652 MUM* use of
the South 6udiniRton Regtr
lotions. It Is for Per-
lammission re construct
retail-of-
lice .qua
fire complex on a lot Con-
taining 36,00o square feet
located at 30 Airport Road•
N2 Appeal of Clifford and Shir-
ley LaBelle seeking �O
val, from Section
Conditional uses subsection
9.202 Daycore and SecUse of t
(South ii di oton Roguks-
lions. Request is for permis-
slon to operate a CIO Core
center. maximurn of 12 chN-
dren in conjunction wish a
single-family dwelling, at 6
Lyons Avenue, O.C.P.
N3 Appeal of
C. DaviOPPrOd r-
Sfrom
ueectionkr 10.665, Muhipb
Ns subsection 19.652 of
tMjouth Burlington Reg -
lotions. Request is for per-
mission to occupy an
existing structure with o
dual use and 30'x40' aC-
Cessorystructure on a rot
i canroinng approximately I
acre, located at 12 Berard
Drive.
M4 Appeal of Solamin Handy
seeking approval, from
Section 1 65, MU16PIO
uses subsection 19.652 of
the South Burlington Regu-
lations. Request is for per-
. mission to OCCUPY an
existing 6000 square foot
structure with a dual use.
3000 square feet as carpet
sales in coniunction with the
existing State Liquor store,
kScoted at 1333 Williston
Road.
Richard Ward
Zoning Administrative Officer
February 27, 1985
DEESARN0, David, C.
12 Berard Drive
Area zoned Mixed Industrial - Commercial
Section 19.65 Multiple use sub section 19.650 two or more
separate uses in a principal building
Principal building 36' _c 80' to be sub -divided into t��o 1450
square feet areas
Existin,' accessory building (storage) 30' x 40'
Uses proposed those permitted under
Section 13.10 and Conditional Section 13.20
City of South Burlington
Application to Board of Adjustment
Date February 12, 1988
Applicant David DeSarno Address 344 Dorset St
Owner, leasee, agent
So. Burlington, VT Telephone # 862-2956
Landowner same Address
Official U e
APPLICATION
HEARING DATEt3_...
FILING DATE
FEE AMOU4 30 ��'
Tel #
Location and description of property 12 Berard Drive So. Burlington, VT
2 one story buildings on lacre plus lot
Type of application (check one ( ) appeal from decision of Administrative
Office ( X) request for a conditional use ( ) request for a variance.
I understand the presentation procedures required by State Law (Section 4468
of the Planning & Development Act). Also that hearings are held twice a
month (second and fourth Mondays). That a legal advertisment must appear a
minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing
fee which is to off-se.t the cost of the hearing.
Provisions of zoning ordinance in question
Reason for appeal
The owner or applicant should submit along with this application (8 copies)
plans, elevations, landscaping diagrams (drawn to scale) traffic data and any
other additional information which will serve as support evidence to he Board.
earing Date ignature o ppellant
Do not write below this line
-----------------------------
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter 117,
Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold
a public hearing at the South Burlington Municipal Offices, Conference Room,
575 Dorset Street, South Burlington, Vermont on
at
( month and date)
Appeal of e ,
Kn
(Day of week)
to consider the following:
seeking
�. from Section/L' �i�
of the South B rlington Regulations. Request is for permission to 41-�y
3 A x wa
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