HomeMy WebLinkAboutSD-88-0000 - Supplemental - 0000 Quarry Hill RoadM E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Manager
Re: June 28, 1988 agenda items
Date June 24, 1988
2) TWIN OAKS TENNIS CENTER, TWIN OAKS DRIVE
1. The location of the new parking lot is where the road was
planned to continue. This plan was revised. The curbing across
the entrance of the new parking lot should be installed to
complete the street
3) BETLTER DEVELOPMENT, LOT #30, ETHAN ALLEN DRIVE
1. Sidewalk shall be continuous across driveway and shall be 8"
thick.
2. Surface drainage shall be toward the swale to the south.
3. Any floor drains in garage area shall be connected to a grit
and grease trap before the sanitary sewer.
4) USED CAR DEALER, 1150 WILLISTON ROAD
1. Site plan dated June 8, 1988 is acceptable.
5) QUARRY HILL DEVELOPMENT, BEHIND GAYNES
1. Road will discourage high speed travel, however, it will be
dangerous even at the minimum speed of 25 m.p.h.
2. Another major intersection between Gaynes and East Terrace
should be discouraged. The existing new entrance to Gaynes was
constructed to accommodate this development.
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To: South Burlington Planning Commission
From: William J. Szymanski, City Manager
Re: May 17, 1988 agenda items
Date: May 13, 1988
2) BROOKSIDE COMMONS, QUEEN CITY PARK ROAD
1. A sidewalk shall be constructed along Queen City Park Road.
The State was willing to do this with the Southern Connector
construction. However, after trying for a year to get a few feet
of slope rights near the brook which the property owners refused
to grant, the work was put on hold.
3) HOLIDAY INN POOL ADDITION, WILLISTON ROAD
1. The J.H.K. Williston Road study recommends widening along the
north side of Williston Road (12 - 14 + feet). New plantings
should not be placed within this area and a commitment made for
this land when the intersection is improved.
2. The landscaped area along the Interstate ramp shall be
maintained including cutting grass and weeds.
4) QUARRY HILL OFF WILLISTON ROAD
1. Another major intersection between East Avenue and the
Gaynes-Sheraton entrance should not be allowed. Another entrance
cuts the left turn stacking lane for the Sheraton and this
development down to about 80 feet ( 4 cars) which is too short a
length especially for the planned development and the approved
expansion of the Sheraton.
2. It has always been the position of the City that access from
Williston Road to this parcel be by the Gaynes entrance. At
request of the Quarry Hill owners and at a cost to the City and
State the Gaynes entrance was moved about 10 feet west after it,
was partly completed. This was to improve the access around P &
C.
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Memorandum - Planning
May 13, 1988
Page 3
4) CUPOLA GOLF COURSE PROPERTY, SOUTH OF GAYNES
Ralph Deslauriers, Jr., proposes to develop the land behind
lots that include the Synon lot discussed a few weeks ago and a
redesign of the Burlington Tennis Club property. The property is
zoned C-1, R-7 and R-4. This is a pre -sketch plan discussion
requested by the applicant to bring some of the issues and
proposals to the Commission for discussion and comment.
Access: Access is shown from a 60 foot r.o.w. that travels from
Spear Street (Quarry Hill Road) to a new major intersection
between the Chittenden Bank and Spillanes. This new intersection
is shown in the JHK traffic study for Williston Road and seems to
be supported by Art Hogan.
I have serious reservations as to how such an intersection will
operate since the stacking lane for west bound traffic turning
into this new street is likely to be very long. I can see where
it will conflict with the on -coming left turns in to the
Sheraton. A long stacking lane may also conflict with the
operation of the Gaynes/Sheraton intersection by blocking the
cars wanting to turn in and out of these businesses.
Although I support a public street (rather than private
driveways) to serve future development of this 26+ acre property,
I am seriously concerned with the proposed Williston Road
intersection. Other alternatives may include:
1) using a relocated Gaynes/Sheraton driveway by relocating
P & C and moving the Sheraton driveway to the Texaco
location. Obviously this involves tremendous cooperation
which may be unrealistic although it could be beneficial to
all the property owners involved; (see Bill's comments
regarding this option).
2) Access across the back of the bank lot that feeds onto
the northern most end of East Terrace. This may saturate
that intersection;
3) Sole access from Spear Street. This seems to assume a
more residential character of development rather than
commercial as proposed.
The new public street also runs across the backs of ten East
Terrace properties. I do not advise surrounding these parcels on
2 sides by public streets, especially one as heavily- traveled as
the proposed street will be.
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Memorandum - Planning
May 13, 1988
page 4
Setbacks: All new commercial development must. have a 65 foot
setback from the R4 East Terrace properties and 40 feet from the
new public street. Setbacks from the interstate must also be
observed.
Other: The Chittenden Bank lot is split by the new road. It is
not clear what happens with the small piece of land behind Mobil.
See Bill Szymanski's comments.
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PLANNING 4%t tMISS,1 Q_ NOVEMB ,j6& 12Z6.
1 The South Burlington Planning Commission held a meeting on Tues4ar, �y
November 16, 1976p, in 'the Conference Room, Municipal Offices, 11�5
.Williston Road,
MEMBERS PRESOT
William Wessel, Chairman; James Ewing, Ernest Levesque, Frank Lidral,
David Morency, Sidney Poger, Kirk Woolery
MEMBERS ABSENT
None
OTHERS PRESENT
Stephen Page, Planning Assistant; Richard Ward, Zoning Administrator;
Bonnie Fahey, Richard Bruce, Wm. Schuele, Marshall McBean, Richard Farnham,
Jean McBean
The meeting was opened at 7:35 p.m. by Chairman Wessel.
Minutes of November 2 Li2z6
It was noted that on page 6 in the paragraph on Planning Commission
priorities, the words in line 5 and slow down the runoff should be changed
to and create green belts.
It was moved by Mr. Ewing and seconded by Mr. Levesque to accept the
Minutes of November 2, 1976, with the above noted change.
Motion was voted unanimously.
Subdivision applications of Horizon -Heights and Cupola Golf Course, Inc.
Mr. Page explained there were two applications. one from Cupola Golf Course
to subdivide their land, and another from Milot and Bruce to develop 11.
acres.
Mr. Poger said he had thought it was to be considered a'single parcel in
order to get the road approved.
Mr. Page said that was really a technicality. The subdivision would not
be approved unless it were on the 39 acres. The 11 acre lot is new and the
creation of that lot has to be approved by the Planning Commission. There
were two applicants; one, the owner of the property being subdivided into
two lots; the other, the party developing that lot being set off.
Mr. Poger referred to the motion prepared by Mr. Page for approval for the
Horizon Heights Apartment proposal, saying that nowhere does it say the
road must be upgraded to City standards. If anybody else comes in, Quarry
Hill would have to bring it up to City standards.
Mr. Page explained this was covered under Section `9 of the motion.
In the motion prepared for Cupola Golf Course approval, Chairman Wessel
questioned the use of the words "are waived" in Section 4 because he thought
the monuments and lot markers had already been deleted.
Mr. Page explained it was correct as written because the monuments and lot
markers are permanent. The things which had been excluded were the temporary
lot markers.
2.
K.ANNI:NC COMMISSION
NOVEMBFR 16 A1Q76
Chairman Wessel then asked if Section 2 of the Cupola motion should say
by whom the road should be upgraded.
Mr. Page explained it would be a situation where the buyer would come in
and develop it or the price could be adjusted and quarry Hill would do it.
Mr. Poger said it was really not the business of the Planning Commission
who does it.
Mr. Morency felt the City might be left with the task of making a new
owner upgrade the road.
Mr. Poger explained that by voting approval of the road to be brought up to
City standards the Commission has already decided the Cupola or the
developer will bring it up to City standards.
Mr. Morency asked if traffic had been resolved for the remaining lot. of 29
acres,
Mr. Poger said the Commission had stated it would not allow commercial
development to take place with access through that residential area, so if
It was developed commercially it would have to have some other access.
They have been warned that by allowing residential development they have
precluded their option of having something other than housing in that area
unless they find some other access.
Mr. Wessel said he thought it was the responsibility of the Planning Com-
mission to rezone the rest of the property.
Mr. Poger said the thought had been that this would be commercial and have
some other access. There might be some possibility of Cupola working with
Caynes. But if they have land locked themselves. he didn't think they would
come to the Planning Commission. He felt the point had been made very clearly
to both the developer and to Mrs. DesLaurlers that the zone could be changed.
Mr. Wessel asked about the pedestrian trail along the Interstate.
Mr. Page referred to Section 3 in his motion and added that the layout of
the trail is not going to change the layout of the property.
Mr. Schuele said in two or three years this could be very difficult unless
It was spelled out now.
regarding access to the remaining 28 acres, Mx. Poger suggested adding a
Section 7 to the prepared motion for approval of Cupola Golf Course, Inc.
subdivision to read: The followigagreements wMe made in discussion_
between the Cupola Golf Course, Inc.. Horizon Heights, and the Planning
Commission that further development of the 28 acres zoned commercial shall
not have access through the residential neiahbnrhnnd_ ilnlsaa f„rah .V+
access is found, the Planning Commission expects those 28 acres tq be
developed as a residential area.
The members of the Commission agreed to this addition.
Mr. Poger then moved that the South Burlington Planning Commission grant
preliminary approval to the major subdivision known as Horizon Heights,
consisting of 77 two bedroom apartment units as shown on the plan entitled
"Site Plan for Horizon Heights." dated 9 306 and revised 106.
drawn by Vaughn C. Button, sll ect to the following stipulations:
1. All land presently zoned CO on this plat shall be maintained by
the owner, and specifically reserved for open space and
recreational purposes.
2. The final plat shall include the following changes to the •
Preliminary plats bearings of property lines and parcel
acreage, location of monuments, number of units in each
N0VFYBER 16. 19Z-6
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PLANNING COMMISSION
building, the depiction of preliminary plat information in
two or more separate sheets for greater legibility, utility
easements shall be designated, public easements for pedestrian
and bicycle paths shall be added, additional pedestrian access
to the north property line and around buildings 1, 2. 4, and 5
(materials to be specified), show outdoor lighting, describe
ant
the schedule for phasing of construction, clarify the agweem
on use of the open space by Cupola Golf Course, Inc.,
ider
curb radius at both ends of the emergency exit shall be shown
(see W.J.S.).
3, The applicant ofalwith
andthe
bikeNatural
path easements.Committee
on the layoutpedestrian
4. Access for pedestrians and cyclists shall be provided and main-
tained to the Fast Terrace cul-de-sac* and physical barriers
to vehicular traffic through this area shall be installed.
5•
A detailed plantings plant showing the landscaping around all
lng structures and
toothetissuanee Interstate,
ofany shall be sbuildingperubmitted anmits-
approved prior
6. The southern boundary
Uof the
iparty cel
V shall
be established in
cooperation with the
7. Stoxm drainage shall not be diverted directly onto lands of
the University of Vermont.
8. Water lines are to be "looped", for fire protection purposes
according to the requirements of the City Water Department.
9. With the exception of streets, all improvements required
under the City,s subdivision regulations shall be installed
according to all applicable Uty standards of design and con-
struction. The roadway serving the project shall be upgraded
to City design and construction standards, except for curbs,
fros Spear Street to the primary entrance to the prg l�tremain
balance of the roadway, known as Quarry Hill Road,
as is, and be maintained by the Cupola Golf Course, Inc.
10. This approval is based upon positive findings reached by the
planning Commission under the following eriterias
a) site plan review (review of detailed plantings deferred)@
b) the general and specific standards of a Residential PUD,
c) right of way approval under Section 11.70 of the Zoning
Regulations,
d) major subdivision.
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4.
I PLANNING COMMISSION NovEMBER 16 L1976
® The motion was seconded by Mr. Morcncy and voted unanimously for approval,
Mr. Poger then moved that the South Burlington Planning C;ommisslon Er
preliminary approval to the subdivision of the lands of Cupola Golf
Course, Inc,, into two lots of 11 acres and 28 acres_, as partially
1. All lands owned by Cupola Golf Course, Inc., presently zoned
C-O shall be restricted, maintained, and reserved for open
space and recreational purposes.
2. "Quarry Hill Road" so-called, shall be fully upgraded to City
dosign and construction standards in the event of:
a) additional subdivision, or,
b) substantial further development.
3. The applicant shall deed to the City utility easements of
appropriate width for municipal water and sewer lines.
4. All required improvements, as enumerated in the City's
subdivision regulations (Section 301.1), are waived, with
the exception of monuments and lot markers.
5. The lots shall be numbered with acreage, bearings, distances,
and location of corner markers shown on the final plat.
6. This approval is based upon positive findings reached by
the Commission under the followint criteria:
a) right of way approval (Section 11.35 of the zoning
regulations,
b) major subdivision.
7. The following agreements were made in discussion between the
Cupola Golf Course, Inc., Horizon Heights, and the Planning
Commission that further development of the 28 acres zoned
commercial shall not have acoess through the residential
neighborhood, Unless further access is found, the Planning
Commission expects those 28 acres to be developed as a
residential area.
This motion was seconded by Mr. Levesque and voted unanimously for
approval.
Mr. Page explained that once the final plat is submitted he will warn
for public hearing on the final plat approval.
Mr. Bruce explained their problem is financing and they are going to
need site plan approval to,finanee by the 23rd, next week. The bank
will request site plan approval and they had told the bank they would •
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PLANNING COMMISSION
NOVEMBER 16E 19Z6
probably get'site plan approval upon the submission of their final plat.
A landscape architect is doing a layout for them right now, and there
are several other small things to be incorporated into the site plan,
Mr. Poger felt a copy of the motion just approved should be sufficient
for the bank.
Mr. Bruce said the bank gets really serious when they start putting up
money and they don't want to see any avenues left open where they would
be holding the bag.
The Chairman said the Commission could not give complete site plan review
until the landscaping plan is seen.
Mr. Bruce said they did sign up to an end date of November 23rd and that
is the real problem. This has to do with Mrs. DesLauriers' assessment.
Discuss Zoning Amendments -- deletion or modification of references on
the eompostion of the Zoning Board of Add stment
The Chairman explained that Council was asking for the deletion of
14.10 on page 34 of the zoning regulations which refers to the composition
of the Zoning Board of Adjustment.
Discussion took place on the reasons for changing the number of members.
It was noted that this is covered under Title 24 which requires not less
than three nor more than nine members.
The Chairman said he would call Mr. Farrar and find outexactly what
Council wants.
Mr. Poger moved that the Planning Commission recommend an amendment to
the zoning ordinance Section 14.10 under Article XIV b�.�removi�the words
` "five'`an �ach,`in the second sentence of the section, and recommend that
this be warned for public hearing.
Seconded by Mr. Lidral and voted unanimously.
Mr. Page is to contact Atty. Spokes on this.
Mr. Poger said one of the problems the Board has is that it is perceived
as a business oriented board and not sensitive to the interests of the
public at large. one of the ways that could be overcome would be to
increase the number of members.
Mr. Schuele said the hours of meeting should be changed. The Board can
still ignore it legally but it doesn't hurt to tell them. They have been
requested before but chose to ignore it.
Mr. Poger said the questign is that access be there and five o'clock is
a bad time.
Mr. Poger moved that the Planning Commission recommend to the City Council
that the Zoning Board consist qfseven members for Areaterpubl1c rtici-
pation, for easeinjaWng„a quote and further that the Commission
recommend& that the a2ning Board return to after -dinner meetings_
Seconded by Mr. Ewing,
Mr. Morency questioned the members being on for 11 or 12 years. He said
the Council has recourse but from what he has heard they probably can't
find anyone to serve, so what is the good of adding two more members.
Mr. Poger said if there are two new positions, there would be more appli-
cants, and: he would hope that when the Board is expanded Council would go
out and rec I-V the people, preferably people who have larger arena of
background, not people just involved in law or business. He would hope
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oMM s rox .MARCH,22, 1977
e`e The South Burlington PlanningCommissionheld a regular meeting on
luesday, March 22, 1977 in the Conference Room, Municipal Offices,
1175 Williston Road.
Members Present
William Wessel, Chairman; Ernest Levesque, Sidney Poger, Kirk Woolery,
dames Nwing
Member Abs
David Morency
Otbers Present
Stephen Page, Planning Assistant; Richard Bruce, Jerry Myler, Ralph
DesLaurisr, lairs. DesLaurier, Richard Thomas, Judson Babcock, Michael
Ryue,' 4im Holbrook, Richard Bingham, Mr. and Mre. Laurence Lenillee
Mr. Pierson, Ralph Veve, Paul Simms, Bill Sehuele, Bill Duff, Walt
Platteborse, Free Press
Reading of Minutes of March 8. 1977 and March 15 1977
In the Minutes of March 8, 1977, the following is to be added to stip-
ulation 10 on page 2: The right of ray along the southerly line shall
be reserved, in an appropriate manner, for a potential future city
street. In the Minutes of March 15, the following is to be added at
the top of page 3: The motion was seconded by Mr. Levesque and passed
unanimously.
Mr. Poger then moved that the Planning Commission accept the Minutes of
March 8. 1977 and March 15, 1977, as corrected.
Mr. Levesque seconded the motion and it was passed unanimously.
Public Hearing: Final Plat avplications of Cupola Golf Course, Inc.
N&' Richard Bruce et al. to set-off one 11 acre lot, and construct 76
fvartment units on said lot, east of Spear Street, north of the University
Paz,
Mr. Myler gave a general introduction to the project and then Bill Duff
outlined the architectural changes,made since the last meeting. He said
that the parking shelters had been deleted because of cost, although
they could be put in later, that the emergency exit had been lengthened
and � ttended to the south because of the steepness of the slope, and that
1tho Jim or of units had gone from 77 to 76.
'_Xrb Poger pointed out that at the last meeting, the Commission had said
that the road was too close to the parking shelters and he wished to
know whether, if the shelters were later built, they would be too close.
he was told that there would now be enough room.
Mr. !Tyler said that every change in the plans had been approved by Mr.
Page and Mr. Syzmanski.
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A
!r gent through Mr• Page's now of March 189 1977. A name for the
Pa
xas discussed, with Mr. Page pointing out thst it must be
by the Commission and cannot be too close in sound to another
the city, since that could oause confusion on the part of the Post
,in
Affiee and/or the Fire Department. Quarry Hill was proposed, with the
designation of street, road, etc. to be added later.
Mr. Wessel warned the developers that they would be subject to the new
recreation policy, but pointed out that it would be applied fairly to
all developers.
Mr..Y,Tler then went through Dick Ward's memo of March, 18, 1977. In
response to paragraph 2, he said that the existing vegetation will be
placed on the site plan and that the trees will be protected during
construction.
In response to the final paragraph, Mr. Myler said that the figure of
112 of 1y of the total development cost for engineering inspection fees
would amount to about S7,000 and that that seemed rather high. Mr.
Wessel said that it could be omitted as a provision of final plat
approval until the proper poople could take care of setting a more
reasonable -foe.
Mr. Myler then went through Mr. Syzmanski's memo of March 18, 1977.
He said that the things discussed in the memo will be worked out before
building permits are received.
Mr. Weasel asked if the Fire Chief had looked at the proposed project
and was told that he had looked at the preliminary plat but not at this.
Mr. Wessel said that he was reluctant to give final approval until this
was taken care of.
Mr. Myler returned to Mr. Page's memo of March 18 and pedestrian ease-
ment was discussed. At this point Richard Thomas, stating that he rep-
resented Mrs. DooLaurier and the Cupola Golf Course, raised a question
,about the pedestrian easement that Cupola was providing to Horizon Heights.
He was afraid that the easement would be on Cupola grounds, but was
told that it would not; it will be on Horizon Heights land. He also
objected to the first.four lines.an'page 2 of Mr. Page's March 18 memo..
He wanted the Commission to withhold a final requirement to bring the
road up to city standards until a major subdivision is offered. He
said that the road passes 3 acres of R7 Quarry Hill property which may
be developed later but that the cost of upgrading the road to city
standards would be so high that it would not be feasible to develop the
3 acres. He further said that if the Commission requires upgrading on
the entire road he wants it to be no more stringent than the requirement
for Horizon Heights (i.e. city standards without curbs and with asphalt
sidewalks. Mr. foolery pointed out that Cupola Golf Course also owns
20 more acres which are business acres and that if these were developed
the road would take the traffic. Mr. Poger recommended that the road be
discussed when.and if there is further development.
Mr. Wessel said that he would like to wait a week before giving final
approval until the requirements for approval had been dealt with more
completely. Mr. Myler said that they needed the fivAl plat on March
30 for the Act 250 approvals.. Mr. Poger felt that the applicant had
fulfilled all the requirements and that he should not be held up because
the Commission had not worked out several issues yet. Mr. Poger then
moved that the South Burlington Planning Commission approve the final
3
plat application of Horizon Heights and Cupola Golf Course, Inc.. Plan
I final subdivision approval as on the Horizon Heights plan of 11
sheets and a landscaping plan to be submitted later, by Green Mount_«a
Surveys and Trudell Consulting Engineers dated 9 30 76, revised 11 29 77.
and Plan II final subdivision approval to a plan entitled "CuPoIx-GQU
Course, Inc." by Green Mountain Surveys, dated 3 2 77, with the following
stipulations:
1) that a final landscape plan be submitted to the Planning
_Commission.
2) that Horizon Heights be subject to the recreation fee to be
set by the Planning Commission and approved by th*.City Council
3) that the stipulations in bill S�yzmanski's memo of March 18,
1977 be agreed to by the city engineer.
4) that a proper landscaping bond as required by the zoning
ordinance be posted.
5) that on Plan II of the Cupola Golf Course the following
statements be entered: "Quarry Hill Road so-called, shall be fully
upgraded to city design and construction standards in the event of:
a) additional subdivision, or,
b) Aubstautial further development"
6) that the road be called Quarry Hill and the final designation
of road, street. boulevard be added.
7) that a pedestrian right-of-way from Horizon Heights to the
Quarry Hill Road, so called, be made.
8) that the drafts of the utility easements from Cupola Golf
Course and Horizon Heights be reviewed by t$e City Attbrnes.
9) that the City Attorney review the documents relating to the
private road utility easements_and that these be su ted.' or review
and approval by the Planning Commission.
The motion was seconded by Mr. Levesque and passed unanimously.
Chairman Wessel noted that he felt that it was premature to make approval
on the final plat because so many of the administrative approvals have
yet to be given.
Public Hearing: Preliminary Plat applications of Burlington Indoor
Tennis Center, Inc., and A. Judson Babcock to set off a lot of 35.1
acres, and construct 196 apartment units on said lot, east of Twin
oaks Terrace.
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City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
658-7955
June 1, 1988
Ralph Deslauriers, Jr.
100 Old Farm Road
South Burlington, Vermont 05403
Re: Sketch Plan, Cupola Golf Course
Dear Mr. Deslauriers:
ZONING ADMINISTRATOR
658-7958
Enclosed are the May 17, 1988 Planning Commission minutes.
Please call me if you have any questions.
Sincerely,
Jane B. Lafleur,
City Planner
JBL/mcp
1 Encl
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
July 20, 1988
ZONING ADMINISTRATOR
658-7958
Mr. Robert Krebs
Krebs & Lansing
10 Main Street
Colchester, Vermont 05446
Re: Synon Group Project
Dear Mr.. Krebs:
Mr. Mike Keller asked me to send you the enclosed minut—i Of the
May 31, 1988 Planning Commission meeting. Please make :tire that
the recorded final plat meets all of the stipulations irolicated.
If you have any questions, please do not hesitate to contact me.
Sincerely, {�
Joe Weith,
City Planner
JW/mcp
1 Encl
1v TA Cr
Lc ;. �� M No or �T/� c�-
I SAtjr t? DO UE� �(I- 7 0 / li
'3-01�k r.-I Z;kpo L.Ey
Memorandum - Planning
June 10, 1988
Page 3
5) CUMBERLAND FARMS, 974 SHELBURNE ROAD
Cumberland Farms proposes to construct a 3003 square foot
convenience store with 4 gas pumps on the 1.11 acre property at,
974 Shelburne Road This property is zones Commercial One and is
the former Morgan Stores property .just north of the Bagel Bakery.
Access: Access is shown from two curb cuts on Shelburne Road.
The northern one is a 14 foot wide exit only; the southern
driveway is 36 feet wide and serves as a shared driveway with the
Bagel Bakery property. A right-of-way is located along the
southern property line to serve parcels to the east.
Circulation: The plan shows a 28 foot wide aisle along the
northern side of the building and circulation on three sides of
• the building. See Goddette's comments regarding fire access.
Parking: Twenty three parking spaces are required based on -15%
retail or 2252 square feet of food store. The plan shows 19
parking spaces. Five are located in front of the building. The
rest are behind the building. This waiver should be approved
since a number of existing birch would have to be removed to
provide more parking.
Landscaping: The proposed development requires $5850 in new
landscaping. The plan shows a new landscaped island in the front
and landscaping in the rear as well as along the northern
property line. It is valued at the required amount although many
of the plantings are small.
Coverage: An earlier plan was denied by the ZBA since front. yard
coverage was not brought into conformance (70% landscaped and 30%
paved within the front yard setback. This new plan shows a
significant improvement from the existing 100% front �-ard
coverage to 59% paved and 41% green. In the past., we have
approved a gas station plan (Mobil) that, improved a front �-ard
coverage situation and we have denied a plan based on coxernife
(as well as on other items). Front yard coverage stems eery
difficult to achieve when the lots are narrow and two dri\-e ays
are shown which is typical for gas stations.
Traffic: This 1 . 11 acre property allows 18 t r•i p e-end, . T11e
proposed use will generate approximately 47 tripends during the,
peak hour. The use is already existing although the traffic will
probably increase over present volumes due to the appeal of the
specific business. The access changes should improve the safety
of entering and exiting the property.
Other: See Bill Szymanski's and Chief Goddette's comments.
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RECEIVED
MAY 2 5 1988
MANAGER'S OFFICE
CITY. OF SO. BURLINGTON:
May 16, 1988
South Burlington Planning Commission
City of South Burlington
City Hall Conference Room
575 Dorset Street
South Burlington, Vermont 05403
Dear Members of the South Burlington Planning Commission:
We are residents of East Terrace and have just learned that Ralph Des-
Lauriers intends to present to the commission on May 17 a plan to develop the
Cupola Golf Course land. Because of the short notice, we have been unable to
circulate this letter, and the entire Cupola Plan, to all residents of the
street. We believe, however, that the sentiments expressed in this letter are
shared by all or virtually all residents of East Terrace. We base our opinion
on a plan, dated May 5, 1988, and entitled "Proposal Quarry Hill" prepared by
Beaudin and Associates.
We are totally opposed to the Cupola Golf Course proposal for a number
of reasons that we outline below. We believe the development proposed by
Cupola Golf Course would have a major detrimental impact on traffic problems
on Williston Road and the city in general and would destroy our neighborhood
as we now know it. We urge the Planning Commission to say clearly from the
outset that the proposal is unacceptable in concept and could not be made ac-
ceptable without fundamental modifications. Before we detail our reasons for
these views, we want to emphasize two historical. facts to the Commission.
First, virtually all the land from Williston Road along East Terrace
south to the INM farm was in common ownership in the DesLauriers family and
business associates. Over the years, they have sold off the land in a way to
create major barriers to reasonable use of the old Cupola Golf Course
property. First, the land occupied by Gaynes, P&C, Spillane's Mobil and the
Chittenden Bank was sold off with no access for the land south of these plots
to Williston Road. East Terrace was developed with single family houses to
the West. Then, the northwest part of the remainder (behind Mobil, P&C and
Gaynes) was sold and developed by Burlington Tennis Club with access on East
Terrace. Finally, over time the DesLauriers have sold off pieces along the
southern edge to Horizon Heights, residential development, and now (proposed)
the Medical Center Hospital. Each of these subdivisions has made it more dif-
ficult to develop the remaining land in the center and, in our view, the
stream of proposals to develop this land have been unacceptable because of the
consequences of the DesLauriers development decisions which have prevented ra-
tional planning. We totally reject the developer's position that we must now
accept a wholly unreasonable development plan because the developer cannot
find a way around self-inflicted constraints.
Second, the homeowners of East Terrace bought their homes with the ex-
pectation that they were protected by covenants from nearby commercial
development. This protection was important because this a very fragile neigh-
borhood, consisting essentially of one street bounded on the West by a major
artery (Spear Street) and thereafter the University of Vermont. We cannot ask
the Planning Commission to enforce our covenants. We can, and do, ask the
Planning Commission to protect the residential character of our neighborhood
against being overrun by a commercial development that would abut us. We
believe that this is exactly the consequence of the proposal before you.
With this background in mind, the following are our major objections to
the proposal:
1. ACCESS - The proposed access to this development through another road
and traffic light on Williston Road between the jughandle and Gaynes traffic
lights should be categorically rejected. The access comes out at one of the
worst traffic points in the City of South Burlington. Even after the widening
of Williston Road, we find the Gaynes, East Avenue and Spear Street intersec-
tions difficult to negotiate when there is any traffic volume. This new road
and light will only make the situation worse. Further, if it is designed as a
through street as proposed, it will quickly become a major city artery. The
uses proposed for the development will generate a lot of traffic - the MCHV
proposal alone will generate 480 trip ends per day. The whole development
will generate thousands of automobile trips into this area. More important,
the road will quickly become a way around the bottle -necked jughandle and
divert a major traffic stream through this new light, creating a second
bottle -necked intersection.
Even if the traffic problems can be ameliorated through light timing and
other traffic flow devices, it is absolutely clear that the new intersection
represents very poor planning. Since the need for it is created solely by the
inappropriate land use decisions of the developers over the years, it should
be rejected for this reason alone. The message to the developers should be
that they must develop an access through the Gaynes/Sheraton intersection or
have none at all.
2. Proximity of Access Road to Residences - Under the proposal 10 houses
on East Terrace will end up sandwiched between East Terrace in the front of
their house and this new major street against the back of their house. Be-
cause of the views, these houses were built to be open - with picture windows
- to the East and are built into the hillside. The view will change to that
of a busy city street - the openness of the house designs will deprive them of
any privacy. The back yards will become virtually unusable. No amount of
screening will make them palatable.
We know of no place in the City of South Burlington where homes are
sandwiched between two city streets. We cannot conceive of any theory of land
use planning that would make such a road -placement acceptable. The sole
reason it is being proposed is to make as little impact as possible on Bur-
lington Tennis C' b in creating a new access on Williston Road. As we stated
2
above, we find the access objectionable because of its traffic impact. When
the access also greatly impairs the use and enjoyment of ten homes, it is out-
rageous.
3. men Space - In short, there is none. The whole purpose behind the
city's subdivision and planned commercial development regulations is to use
land flexibly to meet important goals like maintaing aesthetics, minimizing
adverse impacts on surrounding uses, etc. This proposal maximizes the adverse
impact on East Terrace. It jams two commercial buildings and a city street
right up against the backyards of East Terrace homes. Obviously, it is
designed to maximize the sale value of each lot without regard to the impact
on East Terrace. In order to see how it would impact on our homes, we en-
courage the members of the Planning Commission to walk the land.
If there must be a commercial development on the Cupola Golf Course
land, we ask that the Planning Commission obtain for the citizens of South
Burlington all the open space that the law allows. The open space with ap-
propriate buffering should be placed along the boundary with the East Terrace
homes. Development should be placed along the interstate and over the brow of
the hill on the property. In any event, building heights should not exceed
one story. All decisions should be made with the understanding that the com-
mercial development will abut a residential neighborhood and the adverse im-
pacts on that neighborhood must be minimized.
We appreciate this opportunity to present our views to the Planning Com-
mission. We would be happy to assist the Commission in any way we can in con-
nection with the proposal to develop the Cupola Golf Course land.
Sincerely,
Concerned East Terrace Homeowners
7-x� a
✓� /�-. Ye
G ,r� tip 0rySC
PLANNING COMMISSION
21 June 1988
page 5
7. Review proposed zoning amendments from City Council on Cit
Center and set date for a Public Hearinq
Mrs. Lafleur noted the Council approved City Center Zoning as
warned for them. Amendments are as follows:
1.70 parking lots have to be connected
1.602 setbacks are cleaned up, giving a building envelope to build
in provided there is no parking in front of buildings
1.201 the word "only" is removed and also "2 floors or more"
On this item the Commission wanted the wording: "No drive-in
establishments will be allowed."
1.204 the words "or other retail services and shops" were added
1.304 was changed to 1.405
Yet to be discussed are frontage requirements and minimum lot
sizes. There is also a question as to whether transmission lines
can be outlawed in a zone.
Members agreed to warn the public hearing for the next available
meeting.
Mr. Jacob said the Commission should go on record that the
services of Mike Munson are needed for City Center zoning.
Other Business
Mrs. Lafleur noted the Council received a petition from East Woods
residents relative to the closing of Farrell St. The Council
motion asked for hearings on this anapossible alternatives such as
stop signs, dips in the road, speed bumps, etc. It was also noted
that a petition opposing the closing of Farrell St. was also
received.
The Synon Group has requested a change to their parking lot as the
turn -around won't work. Ms. Lafleur said she felt their request
was acceptable.
Mr. Burgess moved to approve the revised parking layout for Synon
Group. Mr. Belter seconded. Motion passed unanimously.
Members of the Commission then recognized the service, effort and
good humor of the outgoing Planner and wished both Ms. Lafleur and
her replacement, Mr. Weith, well in their new endeavors.
As there was no further business to come berore the Commission,
the meeting adjourned at 10:00 pm.
Clerk
HORIZON HEIGHTS ASSOCIATION
LIST OF OFFICERS(June 1988):
MIKE SELBY (President) 5 Pine Haven Shore
Shelburne Vt 05482
BILL MORAN (Treasurer) RFD #2 Broadlake Rd
Colchester Vt 05446
CECELIA 8 JAY Unit #77 Horizon Hts
MITIGUY (Secretary) Spear Street
S Burlington Vt 05403
RUDY LIA (Board)
PEG McGOWAN (Board)
AVIS PORTER (Board)
RESIDENT MANAGER:
DON SELBY
4 Woodbine Road
Shelburne Vt 05482
3 Windridge Road
Essex Jct Vt 05452
1257 Airport Drive
S Burington Vt 05403
Unit #32 Horizon Hts
Spear Street
S Burlington Vt 05403
985-2893
658-3943
862-1211
985-3780
879-7330
862-6222
863-3984
Memorandum - Planning
June 24, 1988
Page 3
lot in the rear of the building, making a total of 30 spaces.
These 30 spaces would be sufficient.
landscaping: The building requires $5300 in landscaping. The
plan shows sugar maples, linden, birch clumps, flowering crab,
lilac bushes, hetz juniper, burning bushes, dogwood and
potentillas, which meets the $5,300 landscaping requirement.
The proposed plan does not meet the zoning requirement that a
maximum of 30% of the required front yard area be devoted to
driveways and parking. The plan shows 49% of the front yard area
devoted to driveways and parking. Sufficient open spaces exists
on the rear of the lot to allow the building and front parking
lot to be moved back in order to meet this requirement. This
must be revised.
Setbacks: The private drive running along the west side of the
property was approved by the Planning Commission as a private
roadway to serve lots 39 & 40. Since this is a private drive,
the building's proposed 15 foot setback meets zoning
requirements. However, if this roadway were ever to become a
public street, the proposed building would become a non-
conforming structure since buildings on corner lots must have a
side yard setback of 30 feet.
Intersection Improvements: Mr. Belter agreed to complete four
intersection improvements prior to permit for any of these lots.
Also, each lot developer must pay $880 per lot at time of
building permit for a share of long range improvements to this
dangerous intersection. These fees also were agreed to by John
Belter and the City. (See letter of September 1, 1987)
Other: See Bill Szymanski's and Chief Goddette's comments.
A sewer allocation of 450 gpd will be needed and will be deducted
from John Belter's allocation for the entire subdivision. The
$2.50 per gallon fee must be paid prior to permit.
6) CUPOLA GOLF COURSE, QUARRY HILL ROAD
(Comments prepared by Jane Lafleur)
Ralph Deslauriers has submitted a new sketch plan that shows a
subdivision of the 26 + acre Cupola Golf Course property into
four C-1 lots, a hotel lot and an R-7 lot. (These are not
3
Memorandum - Planning
June 24, 1988
page 4
correctly labeled. The lot labeled R7 is actually zoned R-4.
The lot north of the day-care is zoned R-7.)
Access: The plan shows the new City Street as an extension to
Quarry Hill Road which connects with Williston Road between the
Chittenden Bank and Mobil. The major difference with this plan
is that the road does not abut the East Terrace properties but
instead places the Burlington Tennis Club along these properties
as a buffer.
The Commission should carefully consider whether a new major
access like this should be allowed on to Williston Road and
whether a new signal is appropriate. Clearly, most commercial
development behind Gaynes will produce enough traffic to warrant
a signal. The question for the Commission is whether a new
signal and new intersection should be approved.
I still believe no new access should be given and any access to
Williston Road should only be allowed through the P & C/Gaynes
parking lot. Although this would require major relocation of P &
C, I do not believe it is unreasonable to suggest. Otherwise, it
should be developed residentially with sole access to Spear
Street and possibly East Terrace.
Traffic Study: The developer has requested that the Planning
Commission indicate which intersections should be studied for
their traffic study. The Commission should require any traffic
study to use the JHK Dorset Street study as base data and should
at a minimum study the following intersections:
1) Quarry Hill Road/Spear Street
2) New Proposed Street/Williston Road
3) Spear Street/Williston Road
4) East Avenue/Williston Road
5) Sheraton/Gaynes/Williston Road
6) Dorset Street/Williston Road
7) Williston Road/Hinesburg Road
8) Kennedy Drive/Hinesburg Road
9) Dorset Street/Kennedy Drive
* The Commission should discuss if these should be included.
The present ordinance says the Level of Service shall be C on all
legs of the intersection. The developer may have to make
significant improvements and pay significant impact fees if any
development is approved.
The study should assume maximum density under existing or
proposed zoning for trip generation rates.
Other: See two letters from area residents. See Bill
Szymanski's comments.
4
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
June 28, 1988
Ralph Deslauriers
100 Old Farm Road
South Burlington, Vermont 05403
Re: Sketch plan, Cupola Golf Course
Dear Mr. Deslauriers:
ZONING ADMINISTRATOR
658-7958
Enclosed are the agenda and my comments to the Planning
Commission. Also enclosed are Bill Szymanski's comments.
Please be sure someone is present on Tuesday, June 28, 1988 at
7:30 P.M. to represent your request.
S'ncerely,
1 4�
Joe Weith,
City Planner
JW/mcp
Encls
PLANNING COMMISSION
17 May 1988
page 3
Mrs. Maher moved the Planning Commission approve the site plan ap-
plication of the Holiday Inn for construction of a 3470 sq. ft.
addition for pool, exercise area and hot tubs at 1068 Williston
Road as depicted on a plan entitled "Site Plan: Pool Addition,
Holiday Inn, 1068 Williston Road, South Burlington, Vermont"
prepared by Wiemann-Lamphere Architects, dated 5/6 88 with the
following stipulations:
1. A $6,000 landscaping bond shall be posted prior to permit. If
permission is not obtained from the State and Federal Government
to plant on their land, a revised plan shall be submitted to the
City Planner for approval showing th plantings on the Holiday Inn
property.
2. No plantings shall be placed within a 12-14 foot strip along
the north side of Williston Rd. right-of-way.
3. An Offer of Dedication and Deed shall be submitted to the City
Attorney for approval prior to permit for a 14 foot strip of land
along the north side of Williston Road right-Of-way.
4. The landscaped area along the Interstate ramp shall be
maintained by the Holiday Inn including cutting grass and weeds.
5. The Planning Commission allows the removal of 10 parking spaces
from the plan.
6. This addition shall not be a public facility but shall serve
hotel guests only.
7. The building permit shall be obtained within 6 months or this
approval is null and void.
Ms. Peacock seconded. Motion passed unanimously.
3. Discussion with Ralph Deslauriers, Jr. re the subdivision and
development of 26+ acres of the Cupola Golf Course property
located south of Gavnes
Ralph, Sr. began by saying a hotel is proposed on the lowest piece
of land. They are trying to keep denser and higher uses away from
the residences. Ralph, Jr. indicated they had asked for the work
session for the following items to be addressed: location of the
curb cut on Williston Rd, connection of Quarry Hill Rd. with the
proposed road. He noted they do not have a commitment with the
bank or the Burlington Tennis Club. The land does not involve any
Mobil property. The Tennis Club occupies only 1/2 of their land.
This developer may buy a piece of land from them. The parcel
behind Mobil is owned by the bank. A public road is proposed.
PLANNING COMMISSION
17 May 1988
page 4
Mrs. Maher noted the road would have to be upgraded to a city
street for the daycare development. There is a mix of zoning on
the 26 acres, including R-7, R-4, and Commercial. Lots 7, 1, 2,
and 3 are commercial. Most of lot 4 is R-4.
The Commission was unanimous in wanting a public street.
Mr. Belter questioned where the new street would go on the Tennis
Club property. Ralph Jr. said through some parking and pool area.
Also a children's play area would have to be moved. Mr. Belter
questioned whether this was removing a buffer area for a public
street. Ralph Jr. said there is a mature cedar hedge about 10
feet high on the Club property which would be kept. They would
also continue the hedge and further provide an acoustical fence
to buffer the Tennis Club.
Mrs. Maher rioted the Planner and City Manager have reservations
about how the intersection would operate, specifically whether it
would conflict with traffic going into the Sheraton and other
businesses. Mr. Szymanski feels it is not long enough for
stacking lanes. Ralph Jr, said if they serviced off the Gaynes
intersections they would have to increase the green time on the
signal. He added that.
;Regional Planning prefers their proposed
,location and, doesn't feel 'stacking would be an insoluble problem 1
Mr. Souci expressed concern this would be a through street from
Spear St. to Williston Rd. and the neighborhood will get all the
traffic trying to avoid Shelburne Rd. by going up Spear St. He
was also concerned with the general impact on residents of East
Terrace and that their neighborhood will be turned into a com-
mercial area. He pleaded they do anything but build a hotel.
Ms. Atherton, owner of the house at the corner of the new road,
said they will feel like the "ham in a ham sandwich" between 2
roads. She said they are already not buffered and this will be
worse. Mr. Deslauriers said they would continue the hedge and are
looking at an acoustical fence. Mrs. Atherton said they want a
buffer on their side of the road. Ralph Jr. said a fence could be
put there too.
Mr. Long, resident of East Terrace, opposed the proposal. He said
he had moved there because they thought it was a residential area.
Through traffic would significantly decrease the attractiveness of
the area. The increase in traffic would also disrupt the quality
of their lives. He said the Deslauriers had created the problem
for themselves and now wanted residents and the city to pay for
it.
Sandra Dooley presented a letter signed by residents of East
Terrace. She also read a quote from Art Hogan of Regional
Planning saying the proposed access is less attractive than the
Gaynes access. Mrs. Dooley enumerated the neighbors' objections:
PLANNING COMMISSION
17 May 1988
page 5
a) detrimental affects on Williston Rd. which affect the City as
well as residents of the area; b) impact on the residential
neighborhood; c) Deslauriers' problem was caused by selling off a
piece of their land; d)homes were bought with the understanding
this would remain a residential neighborhood; e) the Jughandle
gets bogged with traffic as it is; f) probability this will become
a major artery because it is a through street; g) timing of lights
will not solve the problem; h) 10 or 11 homes near the Tennis
Club are oriented to the east and their privacy will -be destroyed;
i) nowhere in the City is a row of homes sandwiched between 2
streets, and this is not a good thing to do; j) no open space is
shown in the proposal.
Ralph Sr. gave a history of the property and said the problem was
caused by the building of the Interstate which took away a planned
entrance to the property.
John Dooley cited the Horizon Heights approval minutes of 11/16/76
which state in Condition #7 that the commercial area shall not
have access through the residential neighborhood. He noted this
project would be a major traffic generator. 480 trips per day are
already planned for the Medical Center plan. Mr. Dooley felt the
consequences for the City would be unbelievable.; He also stressed
that the Deslauriers were paid for the land they gave up for the
Interstate project.
Commission members outlined the reactions to the proposal: Ms.
Peacock was not pleased with the access road and was also con-
cerned with the intersection. Mr. Belter agreed but wanted to
hear from traffic consultants. He also wanted 'to see a lot more
room for houses. Mr. Burgess agreed with both concerns and felt
the Horizon Heights strip is critical. Mrs. Maher would prefer to
see access through P & C provided the intersection can be kept at
level "C". Ms. Pugh wanted to have a history of the 1976
stipulation. She also encouraged the developer to meet with the
neighbors.
Mrs. Maher suggested using an overlay and lining u properties with
zoning lines so the Commission can see what can be done via zoning
regulations. Ms. Pugh said she would like any traffic study to
include summer months when Quarry Hill is open. Mr. Burgess noted
the Commission dictates what the traffic study will contain.
As there was no further business to come before the Commission,
the meeting adjourned at 9:40 pm.
Clerk
NEIL H. MICKENBERG
JAMES J. DUNN
MICHAEL D. SIROTKIN
WILLIAM M DORSCH
JOHN D. SHULLENBERGER
MICKENBERG, DUNN, SIROTKIN & DORSCH
ATTORNEYS AT LAW
P.O. BOX 1531
BURLINGTON, VERMONT 05402
OFFICES AT
29 PINE STREET
BURLINGTON
TELEPHONE
(802) 658-6951
June 22, 1988
South Burlington Planning Commission
City of South Burlington
City Hall Conference Room
575 Dorset Street
South Burlington, Vermont 05403
Dear Members of the South Burlington Planning Commission:
I represent the residents of East Terrace, who are concerned about
proposed development of the land abutting homes on East Terrace
and owned by Cupola Golf Course, Inc. On May 17th, Ralph
DesLauriers presented to the Planning Commission a sketch plan of
a proposed development. At that time, my clients appeared before
the Commission to object to the development proposal. The
attached letter, which was sent to the Commission for the May
meeting, contains a synopsis of the residents' major objections.
On June 28, Ralph DesLauriers will present a new sketch plan to
the Commission. While the new plan removes one of the objections
contained in my clients' original letter (the running of a road
directly behind 10 East Terrace homes) by rerouting the proposed
access road, it adds new features which the residents find wholly
objectionable. On balance, the residents believe this is a worse
plan than the one presented in May because of its adverse impacts
on the residents of East Terrace and City of South Burlington..
Therefore, the residents renew their opposition to the proposed
plan and urge the Planning Commission to advise the developer
that the plan cannot be approved without major modifications.
The major reasons for the residents' opposition are as follows.
I. ACCESS - This plan, like the last one, creates a new
access road and traffic light on Williston Road between Gaynes
and the jughandle. It also retains access through Quarry Hill
road next to Horizon Heights. The residents strongly object to
both access points. Their objection to the Williston Road access
is detailed in their first letter.
The problems created by a new access only add to the unacceptable
traffic impacts from the proposed development. The South
Burlington ordinance requires that affected intersections
June 22, 1988
Page two
operate at a level of service of "C" or better after the
development. It is impossible for this development to comply
with the traffic standards because critical nearby intersections
function below LOS "C" and this development will further impair
their operation. The recent JHK & Associates study shows that
the intersection of Williston Road and Dorset Street already
functions at LOS "E" and is expected to get much worse unless
major roadway improvements - like an interstate access at Dorset
Street - are constructed. My clients know from their experience
that the jughandle functions below LOS "C" and will be made worse
by this development even if it accessed through an existing
light.
The residents realize that Cupola is entitled to do a traffic
study and put the best face possible on the data and impacts.
When all is said and done, however, this development will require
that the Planning Commission waive the current ordinance limits
on traffic impacts at one or more intersections. My clients
strongly urge you to refuse any waivers - this is the last place in
the city that should be subject to a traffic waiver.
My clients also object to the access through Quarry Hill road.
It is in direct violation of the stipulations accepted by Cupola
at the time of the development of Horizon Heights that there
would be no access through this residential neighborhood. It
turns the access road into a major through street with tremendous
traffic through the new light. The Commission should make clear
from the beginning that there will be no access to the commercial
area through Quarry Hill road.
II. DENSITY AND OPEN SPACE - The proposal calls for
development at the absolute maximum tolerated by the ordinance,
despite the traffic impacts and the impact on East Terrace. The
proposal provides no open space - no buffering to East Terrace
except for the newly proposed high density residential - see
below. Section 19.153 of the ordinance authorizes the Planning
Commission to locate open space for a planned commercial
development. The residents request that the Planning Commission
reduce the density of the development and require substantial
open space between it and East Terrace. Further, building
heights should not exceed one story. Only in this way can the
traffic impact be minimized and the East Terrace neighborhood be
preserved.
III. ZONING CHANGES - This proposal, unlike the last one,
calls for zoning changes converting residential to commercial
East of the Quarry Hill club; R4 to R7 behind East Terrace and
some commercial to R7 behind East Terrace. The residents oppose
the addition of any more commercial land, because of its traffic
impacts and the adverse impact on surrounding uses. The
residents support the conversion of commercial zoning to R4 on
June 22, 1988
Page three
the golf course area. They strongly oppose the conversion of R4
to R7 or any other use of R7 in the area. R7 is too dense given
the traffic problems in the area. An R7 zoning is absolutely
inconsistent with the single family housing on East Terrace - on
this point, we note that Horizon Heights has converted to
apartment rentals to college students, and this kind of use
already has a negative effect on East Terrace. The developer's
proposal would add between 20 and 25 new units.
IV. EAST TERRACE ACCESS - While the proposal does not
specify it clearly, it appears that the developer's intent is to
create an access to the new residential development of 20 to 25
units through a right of way on to East Terrace. East Terrace is
a dead end road that cannot take the traffic of a major new
development. The Commission recognized this three years ago when
it stipulated that approval of a residential development on the
1.25 acre wedge between Quarry Hill and East Terrace would be
contingent on Ralph DesLauriers agreeing that no further
development would have access through the East Terrace right of
way. Mr. DesLauriers withdrew his development proposal to avoid
the stipulation. We strongly urge the Commission to maintain its
established position on this East Terrace access. It is unsafe
to allow any more vehicles on to the dead end street, and the
residents of the street want it to remain a dead end.
My clients appreciate this opportunity to present their views.
The residents request that the Commission walk the land so that
you can see the fragile nature of the East Terrace neighborhood
and the likely impacts of a major new commercial development.
Sincerely,
William M Dorsch
WMD/ks
Enclosure
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
May 13, 1988
Ralph Deslauries, Jr.
100 Old Farm Road
South Burlington, Vermont 05403
Re: Cupola Golf Course Property
Dear Mr. Deslauriers:
ZONING ADMINISTRATOR
658-7958
Enclosed are the agenda and my memo to the Planning Commission.
Also enclosed are Bill Szymanski's comments. Please be sure
someone is present on Tuesday, May 17, 1988 to represent your
request.
Sincerely,
4d,�
Jane B. Lafleur,
City Planner
JBL/mcp
Encls
NEIL H. MICKENBERG
JAMES J. DUNN
MICHAEL D. SIROTKIN
WILLIAM M DORSCH
JOHN D. SHULLENBERGER
MICKENBERG, DUNN, SIROTKIN & DORSCH
ATTORNEYS AT LAW
P.O. BOX 1531
BURLINGTON, VERMONT 05402
OFFICES AT
29 PINE STREET
BURLINGTON
TELEPHONE
(802) 658-69S 1
June 22, 1988
South Burlington Planning Commission
City of South Burlington
City Hall Conference Room
575 Dorset Street
South Burlington, Vermont 05403
Dear Members of the South Burlington Planning Commission:
I represent the residents of East Terrace, who are concerned about
proposed development of the land abutting homes on East Terrace
and owned by Cupola Golf Course, Inc. On May 17th, Ralph
DesLauriers presented to the Planning Commission a sketch plan of
a proposed development. At that time, my clients appeared before
the Commission to object to the development proposal. The
attached letter, which was sent to the Commission for the May
meeting, contains a synopsis of the residents' major objections.
On June 28, Ralph DesLauriers will present a new sketch plan to
the Commission. While the new plan removes one of the objections
contained in my clients' original letter (the running of a road
directly behind 10 East Terrace homes) by rerouting the proposed
access road, it adds new features which the residents find wholly
objectionable. On balance, the residents believe this is a worse
plan than the one presented in May because of its adverse impacts
on the residents of East Terrace and City of South Burlington.
Therefore, the residents renew their opposition to the proposed
plan and urge the Planning Commission to advise the developer
that the plan cannot be approved without major modifications.
The major reasons for the residents' opposition are as follows.
I. ACCESS - This plan, like the last one, creates a new
access road and traffic light on Williston Road between Gaynes
and the jughandle. It also retains access through Quarry Hill
road next to Horizon Heights. The residents strongly object to
both access points. Their objection to the Williston Road access
is detailed in their first letter.
The problems created by a new access only add to the unacceptable
traffic impacts from the proposed development. The South
Burlington ordinance requires that affected intersections
June 22, 1988
Page two
operate at a level of service of "C" or better after the
development. It is impossible for this development to comply
with the traffic standards because critical nearby intersections
function below LOS "C" and this development will further impair
their operation. The recent JHK & Associates study shows that
the intersection of Williston Road and Dorset Street already
functions at LOS "E" and is expected to get much worse unless
major roadway improvements - like an interstate access at Dorset
Street - are constructed. My clients know from their experience
that the jughandle functions below LOS "C" and will be made worse
by this development even if it accessed through an existing
light.
The residents realize that Cupola is entitled to do a traffic
study and put the best face possible on the data and impacts.
When all is said and done, however, this development will require
that the Planning Commission waive the current ordinance limits
on traffic impacts at one or more intersections. My clients
strongly urge you to refuse any waivers - this is the last place in
the city that should be subject to a traffic waiver.
My clients also object to the access through Quarry Hill road.
-.
It is riWdirect violation of the stipulations accepted by Cupola
at the time of the development of Horizon Heights that there
would be no access through this residential neighborhood. It
turns the access road into a major through street with tremendous
traffic through the new light. The Commission should make clear
from the beginning that there will be no access to the commercial
area through Quarry Hill road.
II. DENSITY AND OPEN SPACE - The proposal calls for
development at the absolute maximum tolerated by the ordinance,
despite the traffic impacts and the impact on East Terrace. The
proposal provides no open space - no buffering to East Terrace
except for the newly proposed high density residential - see
below. Section 19.153 of the ordinance authorizes the Planning
Commission to locate open space for a planned commercial
development. The residents request that the Planning Commission
reduce the density of the development and require substantial
open space between it and East Terrace. Further, building
heights should not exceed one story., Only in this way can the
traffic impact be minimized and the East Terrace neighborhood be
preserved.
III. ZONING CHANGES - This proposal, unlike the last one,
calls for zoning changes converting residential to commercial
East of the Quarry Hill club; R4 to R7 behind East Terrace and
some commercial to R7 behind East Terrace. The residents oppose
the addition of any more commercial land, because of its traffic
impacts and the adverse impact on surrounding uses. The
residents support the conversion of commercial zoning to R4 on
June 22, 1988
Page three
the golf course area. They strongly oppose the conversion of R4
to R7 or any other use of R7 in the area. R7 is too dense given
the traffic problems in the area. An R7 zoning is absolutely
inconsistent with the single family housing on East Terrace - on
this point, we note that Horizon Heights has converted to
apartment rentals to college students, and this kind of use
already has a negative effect on East Terrace. The developer's
proposal would add between 20 and 25 new units.
IV. EAST TERRACE ACCESS - While the proposal does not
specify it clearly, it appears that the developer's intent is to
create an access to the new residential development of 20 to 25
units through a right of way on to East Terrace. East Terrace is
a dead end road that cannot take the traffic of a major new
development. The Commission recognized this three years ago when
it stipulated that approval of a residential development on the
1.25 acre wedge between Quarry Hill and East Terrace would be
contingent on Ralph DesLauriers agreeing that no further
development would have access through the East Terrace right of
way. Mr. DesLauriers withdrew his development proposal to avoid
the stipulation. We strongly urge the Commission to maintain its
established position on this East Terrace access. It is unsafe
to allow any more vehicles on to the dead end street, and the
residents of the street want it to remain a dead end.
My clients appreciate this opportunity to present their views.
The residents request that the Commission walk the land so that
you can see the fragile nature of the East Terrace neighborhood
and the likely impacts of a major new commercial development.
Sincerely,
William M Dorsch
WMD/ks
Enclosure
May 16, 1988
South Burlington Planning Commission
City of South Burlington
City Hall Conference Room
575 Dorset Street
South Burlington, Vermont 05403
Dear Members of the South Burlington Planning Commission:
We are residents of East Terrace and have just learned that Ralph Des-
Lauriers intends to present to the commission on May 17 a plan to develop the
Cupola Golf Course land. Because of the short notice, we have been unable to
circulate this letter, and the entire Cupola Plan, to all residents of the
street. We believe, however, that the sentiments expressed in this letter are
shared by all or virtually all residents of East Terrace. We base our opinion
on a plan, dated May 5, 1988, and entitled "Proposal Quarry Hill" prepared by
Beaudin and Associates.
We are totally opposed to the Cupola Golf Course proposal for a number
of reasons that we outline below. We believe the development proposed by
Cupola Golf Course would have a major detrimental impact on traffic problems
on Williston Road and the city in general and would destroy our neighborhood
as we now know it. We urge the Planning Commission to say clearly from the
outset that the proposal is unacceptable in concept and could not be made ac-
ceptable without fundamental modifications. Before we detail our reasons for
these views, we want to emphasize two historical facts to the Commission.
First, virtually all the land from Williston Road along East Terrace
south to the UVM farm was in common ownership in the DesLauriers family and
business associates. Over the years, they have sold off the land in a way to
create major barriers to reasonable use of the old Cupola Golf Course
property. First, the land occupied by Gaynes, P&C, Spillane's Mobil and the
Chittenden Bank was sold off with no access for the land south of these plots
to Williston Road. East Terrace was developed with single family houses to
the West. Then, the northwest part of the remainder (behind Mobil, P&C and
Gaynes) was sold and developed by Burlington Tennis Club with access on East
Terrace. Finally, over time the DesLauriers have sold off pieces along the
southern edge to Horizon Heights, residential development, and now (proposed)
the Medical Center Hospital. Each of these subdivisions has made it more dif-
ficult to develop the remaining land in the center and, in our view, the
stream of proposals to develop this land have been unacceptable because of the
consequences of the DesLauriers development decisions which have prevented ra-
tional planning. We totally reject the developer's position that we must now
accept a wholly unreasonable development plan because the developer cannot
find a way around self-inflicted constraints.
Second, the homeowners of East Terrace bought their homes with the ex-
pectation that they were protected by covenants from nearby commercial
development. This protection was important because this a very fragile neigh-
borhood, consisting essentially of one street bounded on the West by a major
artery (Spear Street) and thereafter the University of Vermont. We cannot ask
the Planning Commission to enforce our covenants. We can, and do, ask the
Planning Commission to protect the residential character of our neighborhood
against being overrun by a commercial development that would abut us. We
believe that this is exactly the consequence of the proposal before you.
With this background in mind, the following are our major objections to
the proposal:
1. ACCESS - The proposed access to this development through another road
and traffic light on Williston Road between the jughandle and Gaynes traffic
lights should be categorically rejected. The access comes out at one of the
worst traffic points in the City of South Burlington. Even after the widening
of Williston Road, we find the Gaynes, East Avenue and Spear Street intersec-
tions difficult to negotiate when there is any traffic volume. This new road
and light will only make the situation worse. Further, if it is designed as a
through street as proposed, it will quickly become a major city artery. The
uses proposed for the development will generate a lot of traffic - the MCHV
proposal alone will generate 480 trip ends per day. The whole development
will generate thousands of automobile trips into this area. More important,
the road will quickly become a way around the bottle -necked jughandle and.
divert a major traffic stream through this new light, creating a second
bottle -necked intersection.
Even if the traffic problems can be ameliorated through light timing and
other traffic flow devices, it is absolutely clear that the new intersection
represents very poor planning. Since the need for it is created solely by the
inappropriate land use decisions of the developers over the years, it should
be rejected for this reason alone. The message to the developers should be
that they must develop an access through the Gaynes/Sheraton intersection or
have none at all.
2. Proximity of Access Road to Residences - Under the proposal 10 houses
on East Terrace will end up sandwiched between East Terrace in the front of
their house and this new major street against the back of their house. Be-
cause of the views, these houses were built to be open - with picture windows
- to the East and are built into the hillside. The view will change to that
of a busy city street - the openness of the house designs will deprive them of
any privacy. The back yards will become virtually unusable. No amount of
screening will make them palatable.
We know of no place in the City of South Burlington where homes are
sandwiched between two city streets. We cannot conceive of any theory of land
use planning that would make such a road placement acceptable. The sole
reason it is being proposed is to make as little impact as possible on Bur-
lington Tennis Club in creating a new access on Williston Road. As we stated
F
above, we find the access objectionable because of its traffic impact. When
the access also greatly impairs the use and enjoyment of ten homes, it is out-
rageous.
3. Open Space - In short, there is none. The whole purpose behind the
city's subdivision and planned commercial development regulations is to use
land flexibly to meet important goals like maintaing aesthetics, minimizing
adverse impacts on surrounding uses, etc. This proposal maximizes the adverse
impact on East Terrace. It jams two commercial buildings and a city street
right up against the backyards of East Terrace homes. Obviously, it is
designed to maximize the sale value of each lot without regard to the impact
on East Terrace. In order to see how it would impact on our homes, we en-
courage the members of the Planning Commission to walk the land.
If there must be a commercial development on the Cupola Golf Course
land, we ask that the Planning Commission obtain for the citizens of South
Burlington all the open space that the law allows. The open space with ap-
propriate buffering should be placed along the boundary with the East Terrace
homes. Development should be placed along the interstate and over the brow of
the hill on the property. In any event, building heights should not exceed
one story. All decisions should be made with the understanding that the com-
mercial development will abut a residential neighborhood and the adverse im-
pacts on that neighborhood must be minimized.
We appreciate this opportunity to present our views to the Planning Com-
mission. We would be happy to assist the Commission in any way we can in con-
nection with the proposal to develop the Cupola Golf Course land.
c
0-944�.
1N Sincerely,
Concerned East Terrace Homeowners
Tl g C Y d`t/
1.
VL2 0
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i' b t J e- �J rf
unsightly areas from public streets and/or
adjoining properties.
e. Other, including drainage, fire protection,
outdoor lighting, aesthetics, and similar site
factors that are directly interrelated with
the above aspects of site plan review.
19.103 Driveway and Street Requirements
The following standards for driveways and their
intersections with public streets shall apply
during site plan review:
a. Unless specifically approved by the Planning
Commission there shall be one driveway per
lot. This provision shall not exclude dual
driveways where one lane is marked for
entering traffic and one lane for exiting
traffic.
b. Driveways shall meet the following standards
unless a i t -size is required by the
Plannin sMecial circumstances:
Residen is - 12 feet minimum width, 36 feet
maximum width; Commercial - 20 feet minimum
width, 36 maximum width.
All residential streets and roads to ancJ.
within a development shall have 30 feet
minimum pavement width within a 60 foot right-
of-way. Commercial streets shall have 32 feet
of pavement within an 80 foot right-of-way.
Roads shall be built to City standards for
materials and base. (See Aisles and Access
Drives, Section 19.254b.
All newly constructed streets and roads
serving three or more units shall be publicly
owned and maintained and shall be constructed
to city standards. (See Section 19.20
regarding lots with no road frontage and
private streets.
d. The Planning Commission may require
installation of acceleration and/or
deceleration lanes on the adjacent public
street if it deems necessary.
e. Driveways shall be located more than 200 feet
as measured from signalized street
intersections. Greater distances should be
encouraged on streets with high traffic
volumes (see PCD guidelines in Section
11.504c).
19.1-04 Landscaping requirements
The following standards for landscaping, screening
51
HO( 'ON HEIGHTS CONDOMINIUM A� CIATIOH
BOARD OF DIRECTORS
South Burlington Planning
City of South Burlington
City Hall
575 Dorset Street
South Burlington, Vermont
Commission
05403
Dear Members of the Planning Commission
5 Pine Haven Shore
Shelburne
Vermont 05482
July 1 1988
As President of the Board of Directors of Horizon Heights
I am writing to express our extreme concern about the
proposed development of the land abutting Horizon Heights and
owned by Cupola Golf Course Inc.
While we recognize the reasonable rights of the land
owners to develop their property as they see fit, the
proposed creation of a through road from Williston Rd.
.linking with Quarry Hill Rd. to give commercial access to the
new development is, we feel, completely unacceptable. Our
reasons are as follows:
1. Such a road is in direct conflict with the
agreement between the Planning Commission, Cupola Golf Course
Inc. and Horizon Heights made at the Commission hearing on
November 16 1476. (Excerpt attached)
2. The increased traffic created by such a road will
place at hazard the safety of the residents of Horizon
Heights, of which not a few are children.
3. The link to Spear Street at the Quarry Hill
intersection will create a "mini Dorset Street" of Spear with
a large amount of commercial traffic from the South using
it. A situation which Spear St. is not designed to handle and
which will inevitably lead to further demands on the City for
widening and upgrading.
In addition to the above concerns for Horizon Heights
residents and for Spear Street itself, we also feel that yet
another light on Williston Road (as proposed) will make an
already bad situation worse.
We appreciate this opportunity to put forward our views
and we urge you as Members of the Commission to reject this
proposal by Cupola Golf Course Inc.
Sincerely
Mic/i"ael4'C Selby
President Board of Directors
2.
PLANNING COMMISSION
NOVEMBER 16 L19?6
G!hairman Wessel then asked if Section 2 of the Cupola motion should say
by whom the road should be upgraded.
Mr. Page explained it would be a situation where the buyer would come in
and develop it or the price could be adjusted and Quarry Hill would do it.
Mr. Poger said it was really not the business of the Planning Commission
who does it.
Mr. Morency felt the City might be left with the task of making a new
owner upgrade the road.
Mr. Poger explained that by voting approval of the road to be brought up to
City standards the Commission has already decided the Cupola or the
developer will bring it up to City standards.
Yr. ;;orency asked if traffic had been resolved for the remaining lot of 2.8
acres.
Mr. Poger said the Commission had stated it would not allow commercial
development to take place with access through that residential area, so if
It was developed commercially It would have to have some other access.
They have been is rned that by allowing residential development they have
precluded their option of having something other than housing in that area
unless they find some other access.
Mr. Wessel said he thought it was the responsibility of the Planning Com-
mission to rezone the rest of the property.
Mr. Poger said the thought had been that this would be commercial and have
some other access. There might be some possibility of Cupola working with
Caynes. But if they have land locked themselves, he didn't think they would
come to the Planning Commission. lie felt the point had been made very clearly
to both the developer and to Mrs. DesLauriers that the zone could be changed.
Mr. Wessel asked about the pedestrian trail along the Interstate.
Mr:' Page referred to �Sectipn.:�,.1n�•hi�-motion and"ac1 .that the 143yout of
the trailJsr-ridt go~ing to change the layout of the properiy
Mr,,Sct- ele said in two or three years this could be very difficult un s
� was spelled out now.
Regarding access to the remaining 28 acres, Yr. Poger suggested adding a
Section 7 to the prepared motion for approval of Cupola Golf Course, Inc.
subdivision to read: The followlnr agreements were made In discussion_
between the Cupola Golf Course, Inc., Horizon Helahts, and the Planning
Commission that further development of the 28 acres zoned commercial shall
not have access through the residential neighborhood. Unless further
access is found the Plannlnr. Commission expects those 28 acres to be
developed as a residential area.
The members of the Commission agreed to this addition.
Ms. Poger then moved that the South Burlington Planning Corr -gant
.preliminary approval to the major subdivision knowU. zon Heights,
co in in off two bedroom apartment
Site PI n!'r;""'8
win by Vaughn C. Button, subject to
un1.3�s<��ssho n on the plan entl tl ed
Q"0 'band revised 10 1
the followinv. stipulations:
All land presently zoned CO on this plat shall be :maintained by
the owner, and specifically reserved for open space and
-ecreatlonal purposes.
final plat shall Include the followlr.f changes to the
Ymirary plat: bearings of pr ol:erty lines and parcel
,age, location of monuments, number of units in each
R$c C U poLrj C,,CA-F Ccy,,,) 1 1, jrjL.
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