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HomeMy WebLinkAboutZB-88-0000 - Supplemental - 0000 Quarry Hill RoadState of Vermont, Water Supply and Wastewater Disposal CASE NO. WW-4-0026 APPLICANT Synon Group ADDRESS 112 Lake Street Burlington, Vermont 05401 LAWS/REGULATIONS INVOLVED ENVIRONMENTAL PROTECTION RULES Chapter 4, Public Buildings This project, consisting of constructing an office building for 20 employees on an existing lot located off Quarry Hill Road in the City of South Burlington , Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This permit does not constitute Act 250 approval (Title V.S.A., Chapter 151). The permittee is hereby reminded to procure all relevant State and local permits prior to proceeding with this project. (2) The project shall be completed as shown on the plans Project 88137, sheet 5 of 8 "Details" dated 8/08/88, sheet 6 of 8 "Details" dated 8/8/88, and sheet 8 of 8 dated May revised 6/7/88, prepared by Robert C. Krebs, P.E., which been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (4) In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and subject to compliance with the terms and conditions of this permit. (5) By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, and with this permit. WATER (6) The water main extension is approved provided the water main extension is constructed in strict accordance with the Department of Health's "Letter of Approval" (WSID # 5091) to Mike Keller dated December 27, 1988. SEWAGE (7) The project is approved for connection to the City of South Burlington Airport Parkway wastewater treatment facility for a maximum of 300 gallons per day. Synon Group ww-4-0026 Page 2 (8) A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Protection Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each segment of the sanitary sewer extension and all manholes, as described in Appendix A, of the Environmental Protection Rules. Patrick A. Parenteau, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this 9th day of February 1989. cc: Donald Robisky City Planning Commission Department of Health Department of Labor & Industry Robert C. Krebs, P.E. Construction Management Inc. State UA Vermont AGENCY OF ENVIRONMENTAL CONSERVATION Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Water Resources & Environmental Engineering . Natural Resources Conservation Council October 3, 1988 Synon Group 112 Lake Street Burlington, VT 05401 Gentlemen: Department of Water Resources and Environmental Engineering Essex Junction Regional Office III West Street Essex Junction, Vermont 05452 1-8i9-6563 RE: Application WW-4-0026; New building for Daycary and Office, Quarry Hill Road, South Burlington, Vermont. Our office has completed an initial review of the above referenced project and have determined that the additional information listed below will be needed before approval can be granted. (1) Please submit a copy of the "letter of approval" from the Department of Health for the water main extensions. Please submit two copies of any revised plans. Please note that no construction is granted until written approval is issued by the Division and all other authorities. Upon receipt of the above items, we shall continue our review. Should there be any further questions, please do not hesitate to contact me. Sincerely, Ernest P. Christianson Regional Engineer cc: City of South Burlington Department of Health Department of Labor and Industry Robert C. Krebs Construction Management Inc. A. J'' M E M O R A N D L,`l ` TO: South Burlington Planning Commission FROM: Jane B. Lafleur, City Planner RE: May 31, 1988 Agenda Items DATE: May 27, 1988 2. Synon Group Subdivision, Cupola Golf Course, Quarry Hill Road The Synon Group proposes to subdivide a 1.55 acre parcel from the 26+ acre golf course property. The area is zoned Residential Seven. Streets: Access is proposed from Quarry Hill Road that also serves Horizon Heights and the Quarry Hill Club. In the Horizon Heights approval it is clear that the road must be upgraded to a City Street upon any further development in this area. Ralph Deslauriers is requesting that this upgrading be phased with development of this lot and additional lots. I believe the street should be 30 feet of pavement width with curbs and sidewalk on one side with no waiver to this requirement. (See enclosed minutes from 1976 and 1977.) Utilities: The plans show sewer lines. Water has not been located accurately yet but should be shown prior to recording. See Bill Szymanski's comments regarding this. Other: As requested by the Planning Commission at sketch plan, the closest Horizon Heights building is shown on the subdivision plan. The Zoning boundaries are not shown but should be available at the meeting as the Commission requested. See Bill Szymanski's comments. 3. Synon Group Day Care, Quarry Hill Road The Synon Group proposes to construct a 9800 square foot daycare/office building on two floors (4900 square feet per floor) for MCHV. The property is zoned R7 and this conditional use was approved by the Zoning Board. Access: Access is shown from Quarry Hill Road. This should be upgraded to a City Street and a bond posted prior to permit. The driveway into the property is 22 feet wide. Circulation: Circulation is shown on two sides of the building with a cul de sac / drop off area on the south side of the building. 1 l Memorandum May 27, 1988 Page 2 Parking: The 4900 square foot office care for 60 children requires 12 standards for 32 total spaces. The dumpster blocks one of these spaces. requires 20 spaces. The day spaces using Burlington's plan shows 41 spaces but a Landscaping: The $700,000 building requires $14,500 in new landscaping. The plan is valued at approximately $10,200 and should be revised to reflect the required amount prior to permit. Traffic: En osed is a traffic study by Roger Dickinson. The study conc des that 78 trip ends will be generated during the p.m. pea hour. It estimates that 75% will access from Spear Street. Quarry Hill Road will have a level of service A both with and without the project in 1988 and 1993. Although the study finds that no additional turning lanes are needed, the width of Quarry Hill Road is substandard, according to the study. Upgradilu) it a C I(� Street will solve this pro lem. Gl-G J (M QVCw (A �1 � Craig Leiner has reviewed the study and has no comments on it. Sewer: The office requires 300 gallons per day sewer allocation; the day care requires 1005 gpd for children and staff for 1305 total. The $2.50 per gallon fee must be paid prior to permit. Setbacks: The proposed building does not infringe on the 50 foot setback from the interstate ramp or the setback from the brook (Conservation Zone). Other: See Bill(Szymanski's and Chief Goddette's comments. 4) Village at Dorset Park, Southsett Partnership, 900 Dorset Street Southsett Partnership proposes to develop 108 multi -family units in 27 buildings and 70 single-family lots on 40 acres. The area is zoned Agricultural- Rural Residential. Access: Access is shown from the 32 foot wide Swift Street Extension within an 80 foot right-of-way that will be deeded to the City. Two streets run northerly from Swift Street extension to serve the development. Circulation: Circulation is adequate with all public streets throughout the project. Parking: The multi -family buildings show 12 spaces for every 4 units including garage spaces. The single family units will have a two car garage and two spaces in each driveway. 2 �4 SyM ton Cyr State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council October 8,1991 Mr. Mike Keller Synon Group 289 College Street Burlington, VT 05401 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation 111 West Street Essex Jct., VT 05452 (802) 879-6563 Re: Project WW-4-0026; Office & Day Care Building, Quarry Hill Road, South Burlington, Vt. Dear Mr. Keller: Our office has received a copy of a letter from Mr. Kris Khatri, Ph.D., Environmental Engineer, to you dated September 16,1991. Basically, Mr. Khatri's letter voids his office's "Letter of Approval" dated December 27,1988 to construct a water system to serve the above referenced project. Permit WW-4-0026 was issued conditioned upon constructing the water line referenced in the "Letter of Approval". If this water line is not to be constructed, our office needs to be advised how you intend to provide water to the building. Permit WW-4-0026 will need to be amended to reflect the new water supply for the building. Enclosed, please find an application form. Please contact this office ,should you have any questions. Sincerely, =rnest. P. Cnristianson Regional Engineer CC: City of South Burlington Water Supply Division Robert C. Krebs Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury Goldstein, Manelld 3urak & Gabel Counsellors at Law TWO Waterfront Place O 86 Lake Street Burlington. Vermont 05402 Telephone 802 862-0500 Telecopier 802 862-8176 265 Franklin Street. Boston. 1lamachusetls 02110 Telephone 617 439 8900 The G&M Law Group with affiliated ottit•e.s in Benton. MIA Burlington. VT Hartford, l,T Kitten. ME Portsniouth, NH Pmvicience. HI Michael L Burak' Andrew L Eisenberg PatriclaGabel' Robert B. Carpenter. P. c. Jon Anderson Martin S. Allen. P. C. David Hyman' Rosemarie Sbaratta, r. C. OfCouns+•1 Peter E. Leman H. Kenneth Merritt. Jr.'t Robert U. Cu n Jetl4ry L Slusiman Michael E. Meesas Gayle M. Slerhng 'Also admitted in New York Warren 1. Green t Also adirdUed In New Jersey Janet E. Bostwick Michael Unger Goldstein & Manello Natalie B. Choate Joseph B. Monello, r. c. .Joseph S. Ayoub. Jr. Gerard D. Goldstein, r. C. Ralph K. stone RiehardJ.Snyder. P.c. Michael F.Callahan Stephen M. Honig. P. C. George W. M,vkulak Carl K. King. P c. Donald C. RRinan Michael R_Bmwn Mark A. Berthiaume Gary R. Greenberg, P. c. RobertC. Horner AnthonvD.Martin,r•.c. LouisJ.1AvrmJr. Robert Sonimr. .lames A.Ilghtman January 24, 1989 Steven F. Stitzel, Esq. Stephanie Pax Flanigan Jonathan L. Moll Michael H. Riley Peter SI. Golemme Elliot K.Gordon Paul C. BUkernma Beverly A. Kogut Isaac Lvumkls Lawrence R. Kulig Lauren Jennings Vicki L Kauhnan Garb' A. Cohen Arta ur L Streeter BrooksS.Thaver Stan' E. McNerney Slichael B. Cohen David A. Scigel Steven L Manche[ Thomas P. LaFrance ,JetTrtgvM. Wolf Steven St. E1IN Of Counsel Joseph S. Ayoub, Sr., P.c. Richard B. Parker David P.1'iln JAH26 r� McNeil, Murray $ Sorrell N"ANAG=''S OF'F►CF 271 South Union Street Burlington, Vermont 05401 Re: Cupola Golf Course, Inc. to City of South Burlington Dear Steve: Thank you for your January 11, 1989 letter. In that letter, you propose three changes to Cupola Golf Course ("Cupola")'s proposed deeds. The first simply corrects metes and bounds descriptions. Although I am unsure what you mean by "QHR #10," I am willing to make any techincal changes that are necessary. The second and third changes are more difficult as outlined below. I suggest our clients' business representatives, you and I meet. In that way, we can better understand what you want and agree on what we can give. I am troubled by your second proposal regarding the need for sure access to Cupola's lands. On the one hand, the issue is important to Cupola. The land Cupola is granting is the only sure access Cupola has to its lands. That land is valuable if access exists and next to worthless if it does not. Any well thought out developer is going to be concerned with knowing that access is available. This is especially true for any developer facing opposition. Steven F. Stitzel, Esq. January 24, 1989 Page 2 As you know, Bill Szymanski and Ralph DesLauriers met some time ago on this issue. Ralph believes that Bill agreed the roadway Cupola is granting could be used in all events for access to Cupola's lands. Access would be available even if Cupola's lands were developed commercially as your zoning ordinance requires. This protection is minimal since as you and I both know, the planning process will require Cupola to demonstrate adequate access to any development it might construct on its lands. On the other hand, the issue should be unimportant to the City of South Burlington. Townships are generally in the business of maintaining access -- not of taking it away. Indeed, they spend millions of dollars each year to maintain access to the lands of the taxpayers in their townships. I serve as an Alderman in Montpelier. I cannot imagine trying to reserve a right to tell people they cannot access our highways. If Montpelier asked me as a private citizen to convey land along a roadway, I would not do so at the risk of leaving my house without access. Yet, leaving the City of South Burlington in a position to deny access is exactly what your second proposal appears to do. The sum and substance of your proposal is that Cupola would not relinquish any rights it has to use the roadway. I am unaware of any formal legal rights Cupola has to use the roadway unless we reserve them now. Your language then offers Cupola nothing. If, on the other hand, you are aware of such rights and Cupola would reserve something through your language, what is the problem with spelling out that reservation as I have tried to do in Cupola's deed? As you know, Cupola has from time to time conveyed to others rights -of -way in the roadway. The conveyance to the City of South Burlington will be subject to those rights -of -way. I am having difficultly explaining to Cupola why the City of South Burlington would take the roadway subject to rights -of -way to some but not to Cupola. Your third request is also troublesome. In effect, you propose that Cupola guarantee the continued operation of the day care center. If, for any reason, the day care center does not open or its operation ends, Cupola loses the right to advertise its business. Either Cupola's desire to advertise its business is acceptable, or it is not. Ralph tells me Bill says it is. The need to advertise does not rise and fall with the operation of the day care center. I see no reason for Cupola to bet the success of its business on the operation of the day care center. -• -.' ..: T?�---�' _�. a�.F�Ct-�M.-f. �+w:�-,T. r:-�+.. y__- a-^r^4 �. :^_Y_c�"_�� f'x�w-Ys �::� f�.:.u.rk•�: `r�✓'4'4 ti".G^-::i^�T^vv-�!-' v_�'2�:. 'r'T"f:_"+��.+; ems- .... .�'. Steven F. Stitzel, Esq. January 24, 1989 Page 3 I respect your desire to serve your client's interests. It is unfair for you to use the City of South Burlington's monopoly position, however, to extract unreasonable concessions from Cupola. It is also unfair to further delay the day care center. Nearly a month has passed between our tender of a deed and your review of it. Can we meet with our clients in the next few days to resolve outstanding issues? Best wishes for your wife's recovery. Very truly yours, L J Jon Anderson JA/sgw !bc: Ralph DesLauriers! 5750/90751 correspo28 /wp/cupola MCNEIL, MURRAY & SORRELL, INC. ATT —YS AT LAW 271 SO /` 'REET BURLIP�"�.�� r �` JOSEPH C. McNEIL (1919-1978) JOSEPH E.McNEIL FRANCIS X. MURRAY WILLIAM H.SORRELL JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE' WILLIAM F. ELLIS LINDA R. LEROY (ALSO ADMITTED IN N.Y.) Jon Anderson, Esq. Goldstein, Manello, 86 Lake Street P.O. Box 1506 Burlington, VT 05402 "I Q PI_ JA+ MA^tAG ; OFFICE 1NGTO' OF COUNSEL ARTHUR W.CERNOSIA Re: Cupola Gulf Course, Inc. to City u- ?outh Burlington Dear Jon: I have reviewed the proposed legal documents which were delivered to my office on December 13, 1988. I have also briefly examined the documents which were delivered on January 3, 1989. I have not had an opportunity to review all of the encumbrances which you identified in the revised documents. I request that the documents which you tendered on December 13th be modified as follows: 1. The metes and bounds description on both warranty deeds should be modified to make the corrections noted on the attached photocopy. 2. I request that the proposed reservation of access rights be addressed in the following manner: Grantor and Grantee acknowledge that Grantor retains lands which adjoin the lands conveyed hereby and Grantor does not by this conveyance relinquish any rights which it now has or may acquire in the future under the general law of Vermont to use the granted roadway for any lawful purpose. 3. I request that paragraph 2 of the proposed Offer of Dedication for the ten foot (101) wide strip be modified as follows: The owner agrees that said formal offer of dedication is irrevocable and can be accepted by the City at the earliest or first of the following dates to occur: Jon Anderson, Esq. January 11, 1989 Page Two a. December 31, 1990 if a day care center providing full time day care services to at least 40 children has not been placed into service on property adjoining Quarry Hill Road. b. The date on which there ceases to be located on property adjoining Quarry Hill Road a full time day care center providing services to at least 40 children if such a day care center was placed into service prior to December 31, 1990. C. December 31, 1998 The owner further agrees that if the owner does not remove any sign that may be constructed on the land within 60 days after the acceptance of the land by the City, the City may remove the sign at the owner's expense. Please let me know your comments regarding these proposed changes. In the meantime, I will attempt to review the encumbrances identified in the proposed deed you tendered on January 3rd. Very truly yours, Steven F. Stitzl� SFS/kb cc: William Szymanski WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS that Cupola Golf Course, Inc., a Vermont corporation with principal place of business in the City of South Burlington in the County of Chittenden and State of Vermont, Grantor, in the consideration of TEN AND MORE DOLLARS paid to its full satisfaction by the City of South Burlington, a municipal corporation incorporated under the laws of and existing in the State of Vermont, Grantee, by these presents, does freely GIVE, GRANT, SELL CONVEY AND CONFIRM unto the said Grantee, City of South Burlington, and its successors and assigns forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Being an irregularly shaped parcel of land fifty feet wide and approximately 1437 feet long together with all improvements located thereon (the "Land"). The land is more particularly described as a portion of a parcel of land depicted on a Plat ("the Plat") entitled "Right -of -Way and Easement Locations Quarry Hill Road, South Burlington, Vermont." The Plat was prepared by Krebs & Lansing Consulting Engineers, Incorporated, is dated August 8, 1988 and is recorded at Book , Page of the City of South Burlington Land Records. The parcel of land depicted on the Plat is described as follows: Beginning at a point marked by a one half inch rebar set by Green Mountain surveys, which point is labelled "IP101" on the Plat and is both the westernmost point of the land herein conveyed and a point in the easterly boundary of Spear Street, so-called; thence N81°-18'-35"E a distance of 337.53 feet / passing through two concrete monuments set by Trudell Li"1 v Consulting Engineering labelled '�MC/107" and "CM 109" on the Plat to a third concrete monument set by Trudell Consulting Engineering labelled "CM 100" on the Plat; thence turning to the left and proceeding N73°-39'-36"E a distance of 152.22 feet to a nail at the base of a stake labelled "Spike 1" on the Plat; thence turning to the left and proceeding N21°-58'-08"E a distance of 621.36 feet through another concrete monument set by Trudell Consulting Engineering to a point labelled 11QHR8" on the Plat; thence turning to the right and proceeding N41°-29'-4111E a distance of 80.83 feet to another point labelled 11QHR9" on the Plat; thence turning to the left and proceeding N34°-04'-43"E a distance of 220.00 feet to the most northerly point of land herein conveyed; thence turning to the right and proceeding S55°-55'-17"E a distance of 60.00 feet to the most easterly point of land herein conveyed; thence turning to the right and proceeding S34°-04'-43"W a distance of 223.89 feet to a one-half inch rebar, labelled "IP1" on the Plat, set by Green Mountain Surveys flush with the ground; thence turning to the right and proceeding S41°-29'-41"W a distance of 74.39 feet to a five -eighths inch rebar, labelled 11IP2" on the Plat, set by PLANNING COMMISSION The South Tuesday, Hall, 575 �'1':.�4111 31 MAY 1988 Burlington Planning Commission held a meeting on 31 May 1988, at 7:30 pm, in the Conference Room, City Dorset Street, Members Present Peter Jacob, Chairman; William Burgess, Ju Hurd, Mary -Barbara Maher, Catherine Peacock, Ann Pugh, John Belter Also Present Jane Lafleur, City Planner; Sid Poger, the Other Paper; Steve Hastings, Robin Worn, Terrence Boyle, Ralph Deslauriers, Jr., Charles Deslauriers, Ralph Deslauriers, Sr, Peter Doremus, Mike Keller, Robert Krebs, Dave Cable, Jean H. Bressor, Lee Nelson, George Crooks, Lance Llewellyn, Barbara Laing, Reba Drabble, Lorraine Kaplan, Barbara Bull, Mary & George De Farge, Phyllis & Henry Atherton, Nancy Bell, Gillian Bell, Jack Provencher, Joe Randazzo, Rita Randazzo, James Smullen, John Crabbe, Jr., John Floyd, Howard Fitzpatrick, Richard Feeley, Bob Marcellino, Eugene Szatkowski, Ed Granai, Art Ross, Barbara Pell, Madeline Yandow, Mildred & Bobbi Jo Estey, Vernon Wamsganz, Rich Connelly, Regina O'Flaherty, Gretchen Wamsganz, Thomas Davis, Richard Bigham, John Hausner 1. Minutes of 10 May 1988 Mrs. Maher moved the Minutes of 10 May be approved as written. Mr. Burgess seconded. Motion passed unanimously. 2. Request of Kenneth Smith for extension of site plan on Lot #8, Ethan Allen Drive. Mrs. Lafleur noted the site plan expires tomorrow, and the applicant has requested an extension. Mrs. Maher moved to grant Kenneth Smith a 6 month extension to the site plan approval for Lot #8, Ethan Allen Drive. Mr. Burgess seconded. Motion pdsseu 5-0 with Mr. Belter ahstaininq as he is an adjacent property owner. 3. Public Hearing: Final Plat application of Synon Group for sub- division of 1.55 acre lot from the 26+ acre Cupola Golf Course property, Quarry Hill Road Peter Doremus said this is the plan for the Day Car facility and office building which the Commission had seen as a sketch plan. PLANNING COMMISSION 31 May 1988 page 2 Mrs. Maher raised the question of what the developer or owner of the entire property should do about the street from the ingress at Spear Street to the property in question. Mrs. Lafleur said there is some controversy about this. Based on previous minutes, it is clear to her that Quarry Hill Rd. should be fully upgraded at any further development in this area. It was her feeling the road should be upgraded from Spear St. to Quarry Hill Club and that it should be part- of the Appro-val motions for both the subdivision and the building proposal. The road should be to City standards, 30 feet of pavement, curbs, with an appropriate base for a city street. Mrs. Maher asked about sidewalks. Mrs. Lafleur said she hadn't considered on which side the sidewalk should go. Mrs. Lafleur noted the sewer line had been shown but the water line was not located accurately and should be properly indicated prior to recording of the plan. The City Manager would also have to see plans for sewering the building prior to permit as the building may require. -the sewage to be pumped rather than gravity lines. Mr. Deslauriers, Jr. said he would like to do the road in 2 phases, the first to be the sub -base and 26 ft. of pavement. The second phase would occur on development or improvement on Quarry Hill. He said they were asking this because of cost. He did not dispute the need to upgrade the road, but asked to not have to put in curbs, sidewalks, and storm sewer until there was more de- velopment. Mrs. Lafleur stressed that the stipulation to upgrade the road was placed on the Deslauriers not on the developers of Horizon Heights and was part of the original subdivision stipulations. Ralph, Jr. said the Minutes of 3/22/77 seem to say the opposite. Mr. Burgess noted this was in discussion. The motion calls for the upgrading. Mrs. Lafleur said the motion passed was to fully upgrade on further development, and it was passed unanimously. A poll of the commission showed all members wanted the upgrading done now. - Ralph, Jr. asked if it could be done only to the Synon entrance. They are now using some of the other land for overflow parking for Quarry Hill. ,Mrs. Lafleur felt they should see a design to kn6w what the affects would be. There would have to be a turn -around for snowplows if the road doesn't go all the way. Mr. Belter said he would like to see where the overflow parking is and where fire access would be, etc. Mrs. Lafleur said the volume of traffic is a problem. The Club produces traffic, and it may be preferable to go all the way down to the Club. Ralph, Sr. said it would help from a financial point of view to have the road end at Synon. Mrs. Hurd asked how the sidewalk could ever get the rest of the way to Quarry Hill. She couldn't see another developer paying for it. Ms. Pugh felt the office building would generate business for Quarry Hill, and that the sidewalk should go all the way. PLANNING COMMISSION 31 May 1988 page 3 Mrs. Maher felt the sidewalk should go at least to the far end of the Synon property line. Ms. Pugh felt if the Quarry Hill lot were to be used for a snowplow turnaround, there should be a stip- ulation that Quarry Hill not be open year round. Ms. Peacock sug- gested approving the application with a full city street and city standard cul de sac and then having the applicant come back in 2 weeks if they want it amended and if the Planning Commission agrees after getting more information. Mrs. Hurd stressed the City had to be protected so that in 5 vears Gnmenne Armen l f- flr%vno in and ask where the sidewalk is and the City would then havevto build it at taxpayers expense. Mr. Bigham said he is troubled because the owners of the Cupola have planted 20 trees to block the views of residents of Horizon Heights and felt this was an act of spite on the part of the Deslauriers. Mrs. Hurd moved the Planning Commission approve the Final Plat a placation of the Synon Group, Peter Doremus, agent, for subdivision of a 1.59 acre arcel from the cupola Golf Course Property located south of Gaynes as depicted on a plan entitled "Final Plat: Synon Group, Quarry Hill Road, South Burlington, VT" Prepared by Krebs and Lansing dated May 1988 with the following stipulations: 1. Quarry Hill Road shall be constructed to City standards with 30 feet of pavement, curbs and -a sidewalk on one side fronm Spear Street to the Quarry Hill Club ar_ lot with a city standard size cul de sac. These road im rovements shall be recorded on the plan and approved by the City Planner prior to recording A bond shall be posted for this prior to permitfor any develo meet or construction. +/l/ • i/ G�I?'R7" �i .. -' irb�C.s-r-c .w./� = CSC .. r('3'� �:.� S.. 2. Legal documents for the offer of dedication and deed for Quarry Hill Road shall be submitted to the City Attorney for approval prior to permit. Y 3. The water and sewer lines shall be shown on the plans prior to recording. 4. Street details shall be approved by the City Engineer prior to ermit. 5. It is the applicant's responsibility to record the corrected final plat within 90 days or this approval is null and void It must be approved by the Planner and signed by the Chairman or Clerk of the Commission rior to recording Mr. Burgess seconded the motion which passed unanimously. 4. Site plan application of the Synon Group for construction of a 9800 sq. ft., 2 story day-care and office building for MCHV, Quarry Hill Road PLANNING COMMISSION 31 May 198 page 4 Mr. Boyle said the engineer felt they could get a sewer tap at gravity across the adjacent lot. If this is not possible, they will have to lift to Quarry Hill Rd. They have also now shown a hydrant at the near corner of the access drive as required by the Chief. They day care play area will be fenced. Mrs. Hurd asked if the day care play area includes the pond. Mr. Boyle said the pond would be part of a nature area for the day care (with frogs, etc). Children will be well supervised. 39 parking spaces are shown with the dumpster in the 40th space. This will be relocated, if possible. Parking is mostly for the office building use. The day care facility is on the first floor. Mr. Doremus said VNA will operate the day care, and pond areas will all be fenced for safety. Mrs. Maher asked if the day care can be made accessible for wheel chairs. Mr. Boyle said it can be. Mrs. Lafleur said the parking layout is OK, but a dropoff area is essential. Members felt there should be handicapped spaces for the office and day care accesses. Mrs. Maher asked what it will look like from the Interstate. Mr. Boyle said they have increased the size of trees for better screening from the Interstate. They will use 2-1/2" caliper willows which grow fast. Mrs. Lafleur confirmed they meet the setbacks from the Interstate ramp and from the brook. Mr. Fitzpatrick, architect, said the building will be 50' x 100' and will be brick with concrete block. The roof will be copper or a paint finished metal. The east elevation will'be 2 stories, the west one story. There is a stairway within but there will probably be minimal communication between the 2 uses. Mr. Doremus said the Medical Center is the tenant for the whole building. The office use will be for general office space, not physicians' offices. Mrs. Maher asked if it would be a non-profit, non -tax- paying facility. Mr. Doremus said they will pay taxes. The facility will be owned by the development group and leased to MCHV. The day care is for MCHV employees' children, and they do not propose a night facility for late shift workers' children. VNA will not give up its other day care facility. Traffic: Lance Llewellyn said they estimate 480 bars per day. At peak hour, the 78 cars per day will just abotrt-double what is there today. The 509 ft. site distance requirement at the inter- section with Spear St. is exceeded in both directions. The inter- section operates at level "A" today, and this will not change with the development. No turning lanes are warranted, he felt. Mr. Llewellyn noted Craig Leiner had reviewed the plans and concurred. Mrs. Lafleur added there is not enough volume to require a signal but they are getting close. PLANNING COMMISSION 31 May 1988 page �a - n n Mrs,,J�t expressed concern for runners, bikers, roller skiers, etc, on Spear St, and said it is an accident waiting to happen. Mr. Jacob suggested the Commission discuss this with the Council the next time they meet together to suggest a wide shoulder with a white line. He agreed it was very dangerous. Mrs. Lafleur felt this should extend all the way to the town line. Mrs. Stigney expressed concern with the traffic back-up to Williston Rd. This is already a problem, particularly from 7:30 to 8:30 in the morning, and residents can't get out of East Terrace. Mr. Bigham said he felt that allowing piecemeal de- velopment of this property was perpetuating a mistake and that what was needed was an overall plan. He questioned the wisdom of dumping a lot -of traffic into a cul de sac. He said the property owners created problem after problem, and this was not in the interest of the City. Mrs. Maher explained the limitations of the Commission. She said she would prefer R-7 development here, but the applicant had the right to go to the Zoning Board for a var- iance, which they received. Mrs. Lafleur noted the Commission saw a plan a few weeks ago for the whole parcel and will see it again soon. She said the Commission has asked for this over and over again. She understood the neighbors' frustration, but said the City could not force development. Mr. Brigham again raised the question of the trees planted to block views and felt this was not the way to cultivate neighbors. Ralph, Jr, said they were plated as a buffer between residential and commercial. Neighbors protested that 40 foot trees are not a buffer. Mrs. Bolt noted the Zoning Board said there could be no future commercial traffic using Quarry Hill Rd, but the large plan seen a few weeks ago showed a through road. She asked how both can be true. Mrs. Hurd said there is a major concern with this. She noted the Minutes of Nov., 1976 indicated the Commission expected the land to be developed residential and that there could be no commercial traffic through a residential area. She questioned whether the.Commission could approve this commercial application. Mr. Poger, who was on the Commission at that time, 'recalled the Board felt as Mrs. Hurd does and that there should not be com- mercial traffic through Horizon Heights and no more commercial development. Mrs. Maher asked how a conditional use could then have been granted in opposition to a previous Planning Commission decision. Mr. Doremus said this is an R-7 zone and this is a conditional use in that zone. He said the languaged referred to was for the land "zoned commercial." He said the proposed use is not a dense commercial use such as retail. As clerk of the Commission, Mrs. Hurd moved the Planning Commission approve the site plan application of the S non Group for construction of a 9800 sq. ft. day care office building (4900 sq. ft. per floor) as depicted on a plan entitled "Site-Landsca e Plan - S non Group" dated May 20, 1988 prepared by TJ Boyle and s-scciatea dated May 20, 1988 with the following sti ulations PLANNING COMMISSION 31 May 1988 page 6 1. A bond shall be posted prior to permit for construction of the Quarry Hill Road to city standards including 30 feet of pavement, curbs and -aa sidewalk on one side from Spear Street to the entrance of the Quarry Hill Club, with_a city standard size cul de sac. These road improvements shall be recorded on the plan and approved by the City Planner prior to recording. A bond shall be posted for this ' prior to permit for any development or construction in an amount determined by the City Engineer. Street details shall be submitted to the City Engineer for approval prior to permit. 2. Legal documents (offer of dedication and deed) shall be submitted to the City Attorney for approval prior to permit. 3. A $14,560 landscaping bond shall be posted prior to The plan shall be revised prior to permit to reflect t and shall be submitted to the Planner for approval. ermit. s amount 4. A 1305 gpd sewer allocation is granted and teh $2 50 per gallon fee shall be paid prior to permit. 5. The sewer line and water service shall be shown on the plans prior to permit. Water shall be approved by the Water Depart-ment and final sewer plans shall be approved by the City Engineer prior to permit. 6. One fire hydrant shall be installed by the main drive Prior to permit. 7. The building permit shall be obtained within 6 months or this approval is null and void. Mrs. Maher seconded. Motion passed 6-1, Mrs. Hurd opposing 5. Public Hearing: Final Plat application of Southsett Partnershi for 178 unit planned develo ment of 108 multi -family units in 27 buildings and 70 single family lots on 40 acres, an existing farm- house and 68 acres of recreation land deeded to the Citv, 900 Dorset Street Mr. Marcellino said they reworked all the setbacks so they now conform with everything the Commission wanted. They took out the cul de sacs. All roads are 30 ft. wide. They have preserved the trees between the "fingers" on the lots. Mrs. Lafleur noted the First Chief wants 12 hydrants. The City Manager is still concerned with the liability of the ponds and wants a stipulation that they are not the City's responsibility. Mr. Llewellyn said the Fire Chief is happy with the siting of hydrants. Mrs. Lafleur noted the Water Dept. must seethe plans. Mrs. Hurd asked the price range of single family homes. Mr. Hausner said 150-200,000. PLANNING COMMISSION 6 SEPTEMBER 1988 The South Burlington Planning Commission held a regular meeting on Tuesday, 6 September 1988, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present William Burgess, Acting Chairman; Mary -Barbara Maher, John Belter, William Craig, Catherine Peacock, Ann Pugh Also Present Joe Weith, City Planner; Sid Poger, The Other Paper; Stephen Stitzel, Ctiy Attorney;Gary Riggs, J. C. Oppenlander, Peter Collins, Dave Cable, Robert O'Neill, Catherine Kronk, Brian Gragnolati, Barbara Bull, Peg McGowan, Barbara Church, Doug Fitzpatrick, Ralph Deslauriers, Jr., J. SMullen, M.L. Burak, John Dowling 1. Minutes of 17 August 1988 Ms. Peacock moved the minutes of 17 August be approved as written. Mr. Craig seconded. Motion passed unanimously. 2. Request of Synon Group to amend both the Final Plat appli- cation for subdivision of 1.55 acre parcel from the 26+ acre Cupola Golf Course property on Quarry Hill Rd. and the Site Plan approval for construction of a 9800 sq. ft. day care/ office building on Quarry Hill Road. Mr. Doremus noted the road is owned by Cupola Gold Course, Inc., and that Synon has agreed to accept a private road. It was their understanding the stipulation was to upgrade the road to City standards, which is consistent with the Horizon Heights approval of 10 years ago. The question is whether the road has to be dedicated to the City. The Deslauriers would prefer not to, and if the stipulation stands, there is a chance the project cannot go on. Mr. Doremus felt their 1.5 acres was a very small part of the Cupola property and that the dedication issue could be addressed when development of the rest of the property occurs. He added that Synon will provide bonds, etc, until Deslauriers is ready to offer the road to the City. The road will be extended and they would guarantee maintenance of it. He said he understood there is a questionof whether the City would be left without the road but noted the City Manager is willing to wait a few years until further development happens, as long as the road doesn't create a maintenance problem for the City. Mr. Burgess said his main concern is the people on Horizon Heights who have a right to get to their homes and will want assurance the road will be maintained. Mr. Doremus stressed they will improve the road significantly. PLANNING COMMISSION 6 SEPTEMBER 1988 PAGE 2 Mrs. Maher asked when Synon was told by Deslauriers of this problem. Mr. Doremus said it is their contention they re- ceived a letter from the Deslauriers' attorney the second week in August. Site Plan approval was 5/31/88. Mrs. Maher said the Deslauriers were present at the approval. She asked what Synon has done since that date. Mr. Doremus said they have drawings by an architect, have ordered steel, etc. They have not closed on the property. Deslauriers says there is a clause in the contract that says the road will be built to City standards but not be dedicated to the City. The contract is dated in April. Mr. Burgess stressed that everyone knew it was the Commission's position that the road be dedicated, and there is no question of interpretation. The seller knew this for 10 years. Mrs. Maher said she felt Synon had been "taken" just as the Commission had. Mr. Belter asked why Deslauriers changed his mind. Mr. Des- lauriers said they haven't and that it is their interpreta- tion of the contract that the road not be dedicated but that they improve it. Mr. Burgess said he wasn't asking for their interpretation but was asking if they knew that before any further development could occur on this land that the road would have to be dedicated to the City. Mr. Deslauriers said they never wanted to do that but they knew it was a stipula- tion. Mrs. Maher said for the Commission to make a change there would have to be a substantial reason. Mr. Deslauriers said they are concerned with loss of signage on Spear St. and with potential loss of density. Mr. Burgess said the road would not be counted in density anyway. Attorney Burak, who has been working with attorney Ralph Foote and has been di- rectly involved in the Synon contract, said it was not his understanding that any development would require the dedica- tion of the road. He said they didn't want to jeopardize the ability to develop the larger piece by selling this piece and that this was a stiuplation in the contract with Synon. Mr. Burgess asked if it didn't dawn on the Deslauriers in May that there was a problem with the stipulation. Mr. Burak said he wasn't there then but that the contract raised the issue specifically. He added that to his knowledge there was no attempt to maneuver the Planning Commission. Ms. Bull, representing residents of East Terrace, read a letter from attorney William Dorsch expressing concern that abuttors were not notified of this meeting. Mr. Dorsch also felt this was an attempt to maximize development of the rest of the Cupola land and that Deslauriers may want to move the road later. He stressed the Commission should make no de- cision without full disclosure by the Deslauriers. Ms. Bull added they are sympathetic with Synon and feel they have been used as pawns. Mr. Burgess said the Commission is in the PLANNING COMMISSION 6 SEPTEMBER 1988 PAGE 3 same positon as the abuttors in not knowing what is planned for this property in the future. Mr. Gragnolati, administrator at the Medical Center, explained the impact of this situation on the Center. He said they have been planning for the day care center for their employees and have held meetings and have a very long pre -application list. They feel this is a very good location for them and they are concerned they are getting mired in an historical issue. He said they are willing to insure maintenance of the road to City standards. Mr. Burgess said that if the road isn't maintained by the owner, the Medical Center will be among those in the City Manager's office demanding the City maintain it. He said the Commission is trying to get the road under the maintenance protection of the City the best way possible. Mr. Gragnolati said he hoped there could be a compromise. A poll of Commission members showed: Mr. Craig was sympa- thetic with Synon and understood the need for the day care facility but was more concerned with future problems resulting from keeping the road private. Mrs. Maher felt it would be unwise to reconsider and that the Commission had to send a message to the owner that things must be done as the Commission plans them. She added she felt there was a "design" in all of this. Mr. Burgess said he agreed with Mr. Craig and Mrs. Maher but was sympathetic with Synon and that if in some way the City Attorney and City Manager could be satisfied things could be worked out, he would reluctantly vote in favor. Mr. Belter agreed with Mr. Burgess that the Commission should try to save the project and take up its quarrels with the Deslauriers later. He added he wants to see a specific time period for the road to be dedicated, not an indefinite period. Ms.Peacock said she was very sympa- thetic with Synon but did not see how the City would get dedication of the road and thus was opposed to reconsider. Ms. Pugh, having arrived late, abstained from comment. Before a formal vote could be taken, Mr. Doremus withdrew the request in order to bring it before a full Commission. 3. Continuance of Revised Final Plat application of Heathcote Associates to construct and 11.460 sq• ft. addition to the South Burlington Factory Outlet Mall on Shelburne Road Mr. Collins said they agree to change the perpendicular spaces on the north and south of the building to parallel. They have aproblem with changing the compact car spaces but noted the spaces are larger than usual compact spaces and moderate and medium cars will fit. The spaces could be made PLANNING COMMISSION 20 SEPTEMBER 1988 The South Burlington Planning Commission held a regular meeting on Tuesday, 20 September 1988, at 7:00 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Peter Jacob, Chairman; William Burgess, Mary -Barbara Maher, William Craig, Catherine Peacock, Ann Pugh, John Belter (only through Item #1) Also Present Joe Weith, City Planner; Stephen Stitzel, City Attorney; Peter Collins, Peter Doremus, Gregory Jeffery, Dave Cable, Brian Gragnolati, John Dooley, William Dorsch, Phyllis Atherton, Wilbur Bull, Mike Keller, Bob O'Neill, Michael Burak, Lee Quick, Mary Sigler, K. Kronk, Dennis Webster, Joe Oppenlander, John Dowling, Avis Porter, Herm Atherton, Steve Friedman 1. Minutes of 30 August Ms. Pugh moved the minutes of 30 August be approved as written. Mr. Craig seconded. Motion passed unanimously. 2. Minutes of 31 August It was noted that in the last paragraph on p. 2, 5th line, the word "budding" should read "abutting." On the same page the title of Item #2 should read: "Discussion of possible amendments to the Zoning Ordinance south of the proposed Holmes Road Extension and East of Spear Street." Mr. Craig moved the Minutes of 31 August be approved as amended. Mr. Burgess seconded. Motion passed unanimously. 3. Request of Synon Group to amend both the Final Plat approval for subdivision of a 1.55 acre parcel from the 26+ acre Cupola Golf Course property on Quarry Hill Road and the site plan approval for construction of a 9,800 sq. ft. day care/office building on Quarr Hill Road Mr. Doremus said the 1977 approval said the road had to be upgraded but was unclear about dedication. The City Manager has said a maintenance agreement can be worked out. He stressed the road will be upgraded with curbs, sidewalk, etc, and residents of the area will have an improved road to go over. He cited the pluses of the project: a socially responsible use, upgrading of the existing road, additional tax revenues, maintenance of the road to city standards. The minuses to nod approving the project are disabling of a re- sponsible project, the substandard road remaining, no new tax PLANNING COMMISSION 20 SEPTEMBER 1988 PAGE 2 revenues and the question of adequate maintenance. The feel the road should be dedicated at a time in the future since this is only 5% of the total land involved. Mr. Dooley, abutting land owner opposed the request. He stressed they are not against the day care facility. However, they do not agree that road will be opened eventually. He cited the Horizon Heights stipulation which said the road should never be opened for commercial traffic. The Planning Commission, he said, did a very important thing to land that was being very poorly planned when it looked at the Horizon Heights development: they told the developer he could have another residential development but must give up using this road as access for a commercial development on the inside land. Mr. Doremus said the issue is still that the Commission controls access to those 30 acres and controls what happens to them. He felt this was a quality project, not an impact project. Mrs. Maher noted the Deslauriers have never contested that when Horizon Heights got its approval this road was to be dedicated to the City. The City Attorney, she said, has pointed out the difficulty he has had in representing the City on roads that were supposedto become City roads. Mr. Dorsch, attorney for East Terrace residents) said the Commission has already planned appropriately and this development should meet those requirements or not be allowed. Mr. Jeffery said the Commission will have the ability to decide whether the road should be dedicated at a later date and where the access will be. Mr. Dooley said if the Com- mission accepts their point of view, there will never be another crack at this road. This is the only time they will be able to get dedication to the City. Mr. Kelley of Synon said if there never is another crack at the road, at least they will get an upgraded road by granting this request. Mr. Gragnolati pointed out the the project is a very re- sponsible one that serves a need. He felt they were being squeezed because of an historical relation between the Des- lauriers and the Commission. He hoped the Commission would see fit to look at what the City will get: a road that meets city standards and an opportunity to look at the remaining development. He didn't want to see a project of this nature get caught in a trap. Ms. Atherton of East Terrace said if the Commission bends the rule now, what is to prevent them for bending the rules in the future. She noted that 400 extra cars a day is a lot. PLANNING COMMISSION 20 SEPTEMBER 1988 PAGE 3 Mr. Burgess said he would vote against the application tonight and said it is the Planning Commission that is being squeezed. He said this was started as Q n item of other business and the Commission has now gotten into a public hearing. He felt none of the facts have changed and the Commission has wasted its time. Ms. Peacock said she has sympathy for Synon but that this is a problem between Synon and the land owners. It was clear the road had to be ded- icated and both Synon and Deslauriers knew this. A poll of Commission members showed a majority opposing. Mr. Burgess moved that the request of Synon Group to amend both the Final Plat approval for subdivision of a 1.55 acre parcel from the 26+ acre Cupola Golf Course property on Quarry Hill Road and the site plan approval for construction of a 9,800 square foot daycare/office building on Quarry Hill Road be denied. Mrs. Maher seconded. Motion passed 6-1 with Mr. Jacob opposing. Mr. Belter left the meeting after this item. 3. Continuation of Revised Final Plat application of Heathcote Associates for construction of an 11,460 sq. ft. addition to the South Burlington Factory Outlet Mall located on Shelburne Road Mr. Collins said they agree this is not a perfect plan, but they have to work with what they have. He felt they had made a good faith attempt to address the issues, and that they will end up with something better than what is there now. Mr. Collins said they could have 642 parking spaces, but that would not be as aesthetically pleasing. He added that it was clear to him that in all but the worst week of the year (be- fore Xmas) there is no problem because there is enough parking. Every parking center in the city is crowded before Xmas, he said. He acknowledged there will be some times in the worst week when they couldn't take care of the spaces for Club New England, but that would be assuming they use all their spaces. Mr. Craig asked if it was fair to assume the parking arrangement with Club New England won't be renewed. Mr. Collins guaranteed that it wouldn't. He also noted that although the deed allows the Mall to bill Club New England for such things as lighting for those spaces, there has never been such a billing. Mr. O'Neill contended that is because there were no expenses, not because there was no usage of the spaces. Mr. Collins said if you look at the spaces, you can see they are not being used. So. Ms. Pugh noted that there is a requirement for 11,000„ft. of loading dock space and only 2400Aft. is provided. Mr. Weith 5$. City of Sottth iKn1-11nt;t()II 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658.7955 Marach 15, 1989 Synon GRoup c/o Peter Doremus 112 Lake Street Burlingotn, VT 05401 Dear Doremus: ZONING ADMINISTRATOR 658.7958 Enclosed please find ,your copy of Findings of Fact. If you have any questions please call me. Sincerely, Joe Weith, City Planner JW/mcp 1 Encl CITY OF SOUTH BURLIN(,TON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) —Cupol-a-Golf__Club_ Inc. 2) APPLICANT (name, address, phone #) __ynon Group__ _ c/o Peter M. Doremus, 112 Lake Street, Burlington 863-9603 3) CONTACT PERSON (name, address, phone #) Terrence J. Boyle_ T.J.Boyle & Associates, 301 College Street, Burlington, VT 658-3555 4) PROJECT STREET ADDRESS: 5) LOT NUMBER (d f applicable).. NA ----------- 6) PROPOSED USE(S) Medical Center _---$Ddta1 ._of -Vermont_-4ay_Car.e. and Office Facility 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height, and # floors, square feet per floor)____._ Two-story, 91'x54' masonry buildins4,900 SF __-.per flog ------ .. - - -- - (p0 c1n�1d�YCh 8) NUMBER OF F.MPLOYEES_Day Care- 6-7 staff: office ._±��_ -0 _ 9) LOT COVERAGE: building 7.59�; landscaped areas 69.-% building, parking„ outside storage-.__31_% 10) COti'I' ESTIMATES: Buildings $_700�000......... , Landscaping $12_,0.00 .. Other Si t.P Improvements (please list with cost) $ 11) EST1M,1TFI) PROJFC'T COMPLETION DAT'F.: Fall 1988 12 EST I MA'I'Fl) A%'1?RAGE DA I LY TI?AFF 1 C ( i n anti ottt. ) See Traffic Report E: tim:ttrd trill t,nds (in and out.) durin; the f'ollt,t..I11'1 `Io1-1 da.% t h r•'tttt4h FI- i da.v I- 1'2' 1)(")II 1 2 - 1 1-2 1 - l 13) I'1:\I; !Iti('Irti ov tti'1-'1 \T1()N: Day Care 6:30-3:30; Office 8:00-5:00 1 1 1 t?!- Monday - Friday Si 1011 May 20, 1988 ti l t;N:A'!'l ll! t tl �: Tl ; N City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 October 5, 1988 Synon Group c oremus 112 Lake Street Burlington, Vermont 05401 Re: Synon Group, Quarry Hill Road Dear Mr. Doremus: ZONING ADMINISTRATOR 658-7958 Enclosed are the September 6 and September 20, 1988 Planning Commission meeting minutes. Please call if ,you have any questions. Sincerely), Joe Weith, City Planner JW/mcp 1 Encl. DOREMUS ASSOCIATES ATTORNEYS AND COUNSELLORS AT LAW WATERFRONT PLACE ONE TWELVE LAKE STREET BURLINGTON, VT 05401 (802) 863-9603 August 29, 1988 Mr. Peter Jacobs, Chairman So. Burlington Planning Commission City Hall So. Burlington, VT 05403 Re: Cupola Golf Course, Inc. to Synon Group Dear Peter: Thanks for talking with me last week regarding the problems that Synon is encountering regarding their contract to purchase lands and premises on Quarry Hill Road from Cupola Golf Course, Inc. (DesLauriers) As you know, Synon Group intends to construct a 10,000 square foot building on the easterly side of Quarry Hill Road for use by the Medical Center Hospital of Vermont as a day care facility and general office space. After Planning Commission approval on May 31, 1988, Synon went forward with plans for construction and development. Unfortunately, the sellers have taken the position that the Planning Commission's requirement for Dedication of the existing Quarry Hill Road together with any extension thereof to Synon's development site is prohibited by the contract and therefore they have refused to close. I have enclosed copies of portions of the contract which contain language regarding construction of the road. Although Synon interprets the language differently, a legal contest at this point would doom the project. The closing is presently scheduled for September 13th with a ground breaking ceremony during the following week. Although the sellers have taken the position that an "Offer for Dedication" will violate the contract, they fully agree to construct the road to city standards and meet all other require- ments that the Planning Commission imposed at their May 31st meeting. I have also enclosed a copy of a letter from Michael Burak dated August 17, 1988 addressed to me wherein he explains the sellers' concerns regarding dedication of the road. Although I am not convinced that the reasons for not wishing to dedicate the road are valid, it has created an impediment that I am hopeful can be removed. Since Cupola has agreed to construct Quarry Hill Road to city standards as required by the Planning Commission and has further agreed to post a bond to insure said construction, the Planning Commission could waive dedication at this time and still accomplish dedication in the future as the DesLauriers' further develop the balance of their property. The purchasers are Mr. Peter Jacobs August 29, 1988 Page 2 willing to explore the possibility of providing a maintenance bond or letter of credit that could be an agreed amount running to the benefit of the City until such time as the road is offered and accepted as a public street. Since the DesLauriers family and Cupola Golf Course, Inc. will have ongoing plans for development which the Planning Commission will be reviewing, it seems that the Commission could find that Synon's proposal does not trigger a road dedication and amend their findings of May 31st accordingly. Synon is caught between a construction schedule for the Medical Center, unwarranted concerns of future development impacts on the part of seller, and the Planning Commission's requirement of dedication. It appears that the only solution to save the project rests with the Planning Commission. As you can tell from Mr. Burak's letter, the seller has placed the burden of resolving this problem upon Synon. Inasmuch as the purchasers have expended a significant amount of money planning this project and have already ordered construction materials, I hope that the Planning Commission will give our request serious consideration and help us arrive at a creative solution which will allow a very desirable project to go forward. Thank you and the Commission in advance for giving your time and thoughts to these matters. Sincerely yours, Zeel/t/e��XM. Doremus PMD/mo PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 September 21, 1988 Peter Doremus Attorneys and Counsellors at Law Waterfront Place One Twelve Lake Street Burlington, Vermont 05401 Re: Synon Group, Quarry Lake Road Dear Mr. Doremus: ZONING ADMINISTRATOR 658-7958 Enclosed are the August 30, 1988 Planning Commission meeting minutes. Please call if ,you have any questions. Sincerely, CD-r' U-')� �� Joe Weith, C_i t,,y Planner JW/mcp 1 Encl cc: Ralph Deslaurier 1 PLANNING COMMISSION 30 AUGUST 1988 PAGE 3 Gordon Harlow explained that there ire n,; structure on lot at present. Mr. Pizzagalli's vacant lot is behind the Brown lot. There will be no structures on the new Brown or Pizzagalli lots. Mr. Weith noted they will be creating a lot with no frontage on a public street and that the Zoning Ordinance requires a 20 ft. right of way to reach the rear lot. Mr. Maher asked that there be a stipulation that only the southernmost driveway be used if these lots are ever developed so there will be no more curb cuts on Allen Rd. Mr. Harlow said he didn't see any objection to that. Mr. Craig emphasized that the City will not maintain any of the right of way. Ms. Peacock moved the South Burlington Planning Commission approve the Final Plat application of Robert & Windy Brown and Angelo & Patricia Pizzagalli for readjustment of the common property line between their 1.2 acre lots as depicted on a plan entitled "Property Survey, Robert C. & Windy L. Brown and Angelo P. & Patricia H. Pizzagalli" prepared Gordon G. Harlow and dated August, 1988 with the following stipulations: 1. If and when a driveway is put in the 20 ft. right of way, a 5 foot buffer will be maintained along with west property line for snow storage 2. If and when development occurs on these 2 lots, the access shall be shared. 3. It is the applicant's responsibility to record the final Plat with the City Clerk within 90 days or this approval is null and void. It shall be approved by the City Planner and signed by the Chairman or Clerk of the Commission prior to recording. — — Mr. Burgess seconded. Motion passed unanimously. 4. Cupola Golf Course/Syron situation Mr. Weith explained that on 31 May, the Commission approved the subdivision of a 1.5 acre lot for Synon and also the site plan for the day care facility for Synon. In the approvals, there was a stiuplation that the road from Spear St. to the Synon lot be upped to city standards and deeded to the City. Mr. Deslauriers feels this is not in their best interest since the location of the road might be changed when the rest of the parcel is approved. They want to wait until then to deed the road. They also have indicated they do not want to go with the Synon proposal if this stipulation holds. Synon has asked the Commission to waive the stipulation as they PLANNING COMMISSION 30 AUGUST 1988 PAGE 4 have spent a lot of money on this project. Mr. Weith said that one suggest;oh is to require that 15% of the bond be maintained until the road is upgraded. Mr. Belter said that might result in having money to build a street but not having the land. He said there is a problem there and he feels it should be done correctly. Mrs. Maher said a lot of people from East Terrace were at that hearing and she did not feel a decision or discussion should be held until they are notified. She felt the Commission should have both Synon and Deslauriers back in for a hearing. Mr. Burgess agreed and said he was uneasy about a stipulation "until the rest of the land is developed." Mr. Stitzel said the first question to consider is why the Commission wanted a street and if they now want to change it. There is also the question of the current road remaining private with increased use. He said whatever the Commission decides there should be an appropriate maintenance agreement though he didn't know who should sign it. He noted the City had experience in the past with allowing a road to remain private and then having to go to Court later to try to make a public road. Mrs. Maher moved that action on this request be postponed until this is a regularly scheduled item on the agenda and the developer and property owner are present to explain the details of the project. 5. Revised Final Plat application of Heathcote Associates to construct a 11,460 sq. ft. addition to the South Burlington Factory Outlet Mall on Shelburne Rd. Mr. Collins gave an overview of their presentation. He noted that Joe Openlander had been retained to explore 2 issues: the problem with a private covenant in a deed from Farrell to the predecessor of the present owner, and the actual requirements for the shopping center itself. Mr. Collins said the plan they are presenting is the one approved several weeks ago by the Commission. Mr. Burgess and other Commission members stressed they did not at any time approve a plan. Mr. Collins said they have had discussions with the Planner, Fire Chief and City Manager. One issue they discussed was making a better access to the rear. They have thus changed some perpendicular spaces to parallel parking. On the question of snow removal, a letter has been given to the City Planner indicating permission from the neighbor to the east to put snow on that property until it is developed. After that time, they will truck it away. ^ Lot coverage isAow 90.9% with building coverage at 30%. rar,- ,c d City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658.7955 September 16, 1988 Synon Group C/o Peter Doremus 112 Lake Street Burlington, Vermont 05401 Re: Request to Amend 5/31/77 Approval Dear Mr. Doremus: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda item and my comments to the Planning Commission. Please be sure someone is present on Tuesday, September 20, 1988 at 7:30 P.M. to represent your request. Sincerely, Joe Weith, City Planner JW/mcp Encls M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: September 20, 1988 agenda items Date: September 16, 1988 2) SYNON, REQUEST TO AMEND FINAL PLAT AND SITE PLAN APPROVALS Synon came before the Planning Commission at the 9/6/88 meeting to request an amendment to both the Final Plat and Site Plan approvals for their project on Quarry Hill Road. Mr. Doremus withdrew the request prior to the Commission`$ decision because he wanted to return when all the Planning Commission members were present. Therefore, Synon will again request that the stipulation which requires dedication of the roadway be waived. As a matter of interest, enclosed is a copy of the minutes from the 3/22/77 meeting when Horizon Heights subdivision was approved. Stipulation No. 5 specifically requires that the roadway be improved to City standard upon further subdivision or development of the parcel, however, it does not specifically require the road to be dedicated to the City. Even though dedication was not specifically stipulated, it might have been talked about and understood during the course of the meetings. 3) HEATHCOTE ASSOCIATES, FACTORY OUTLET MALL, SHELBURNE ROAD I will provide at next Tuesday's meeting (9/20/88) answers and information to the various questions and requests which were rniseci at the 9/14/88 Planning Commission meeting. 4) BANK OF VERMONT ADDITION, SHELBURNE ROAD The Bank of Vermont proposes to construct a 500 square foot addition in the attic; of the existing building. The addition would be a mezzanine in the existing building, thereby, the existing building footprint would remain the same. The property is Zoned Commercial 1. The building is currently non -conforming because it does not meet. side and rear yard setbacks or front yard coverage. The property is bounded by Commercial uses on the south and residential uses on the east. Shelburne Road runs along the west property line and Brewer Parkway along the north property line. 1 9/20/88 JW MOTION OF APPROVAL I move the South Burlington Planning Commission amend the May 31, 1988 Site Plan application approval for Synon Group's proposed construction of a 9,800 square foot day care/office building on Quarry Hill Road and the May 31, 1988 Final Plat application approval for Synon's proposed subdivision of a 1.55 acre lot from the 26+ acre Cupola Golf Course property. Both approvals shall be amended as follows: 1. Stipulation No. 1 of the approvals shall include the requirement that the applicant post prior to permit a separate bond to cover the cost of maintaining the improved Quarry Hill Road. This bond will be maintained for years or until dedication of the roadway to the City. The amount of the bond shall be determined by the City Engineer. 2. Stipulation No. 2 of the approvals shall be waived. 3. A stipulation shall be added requiring the owner of Quarry Hill Road to sign a private roadway agreement with the City. The owner shall submit a private roadway agreement to the City Attorney for review and approval prior to permit for the day care/office building. 3 9/20/8b) JW MOTION OF APPROVAL I move the South Burlington Planning Commission amend the May 31, 1988 Site Plan application approval for Synon Group's proposed construction of a 9,800 square foot day care/office building on Quarry Hill Road and the May 31, 1988 Final Plat application approval for Synon's proposed subdivision of a 1.55 acre lot from the 26+ acre Cupola Golf Course property. Both approvals shall be amended as follows: 1. Stipulation No. 1 of the approvals shall include the requirement that the applicant post prior to permit a separate bond to cover the cost, of maintaining the improved Quarry Hill Road. This bond will be maintained for ,years or until dedication of the roadway to the City. The amount of the bond shall. be determined by the City Engineer. 2. Stipulation No. 2 of the approvals shall be waived. 3. A stipulation shall be added requiring the owner of Quarry Hill Road to sign a private roadway agreement with the City. The owner shall submit a private roadway agreement to the City Attorney for review and approval prior to permit for the day care/office building. c / /It (mac / / l f !n A•� /LCi G';�,c �C-i'_. ✓�. f�'�t�--Lrc-�-i.t rf �"c.� ,�tj /'�. E 3 9/20/8or JW MOTION OF I move the South Burlington Planning Commission amend the May 31, 1988 Site Plan application approval for S•vnon Group's proposed construction of a 9,800 square foot day care/office building on Quarry Hill Road and the May 31, 1988 Final Plat application approval for Synon's proposed subdivision of a 1.55 acre lot from the 26+ acre Cupola Golf Course property. ��F-N-�...-�- G:� `cz 1 c� �r Lyme. �zcy-c•/ 1. Stipulation No. 1 of the approvals shall include the requirement that the app.li_cant post prior to permit a separate bond to cover the cost, of maintaining the improved Quarry Hill Road. This bond will be maintained for _ ,years or until dedication of the roadway to the City. The amount of the bond shall be determined bythe City Engineer. 2. Stipulation No. 2 of the approvals shall be waived. 3. A stipulation shall be added requiring the owner of Quarry Hill Road to sign a private roadway agreement with the City. The owner shall submit a private roadway agreement to the City Attorney for review and approval prior to permit for the day care/office building. AGREEMENT This three-way Agreement, in triplicate, between Richard H. Bruce, Lawrence A. Leveillee and Douglas C. Pierson ("Developers"), Cupola .Golf Course, Inc. ("Cupola" herein) and City of South Burlington, Vermont ("the City" herein), WITNESSETH: Whereas, Cupola conveyed to Developers a certain 11.3 acre parcel of land by Warranty Deed dated December 3, 1976 and recorded in Vol. 127, Pages 506-509 ("Subject Property" herein); and Whereas, the City's Planning Commission has granted Developers preliminary and final major subdivision approval for the purpose of constucting on Subject Property, 76 two bedroom apartment units as shown on a plan entitled "Site Plan for Horizon Heights" dated September 30, 1976 and revised October 19, 1976; and Whereas, Cupola granted Developers access to Subject Property by virtue of the following provision of said Warranty Deed: "Also included in this conveyance is a right-of-way, in common with the Grantor herein and others, over a strip of land having a uniform width of 60 feet, leading easterly from Spear Street to the westerly terminus of land and premises so retained by the Grantor herein, which have previously been identified as 160' R.O.W.' (the southwesterly point of said westerly terminus is also the westerlymost northwest corner of Parcel 1). "Also included in this conveyance is a right-of-way for passage of persons and vehicles, in common with the Grantor herein and others, over a strip of land having a uniform width of 60 feet, located adjacent to the westerly boundaries of Parcels 1 and 2, hereinabove identified as said '60' R.O.W.'"; and Whereas, the Planning Commission's (November 16, 1976) preliminary approval provides in pertinent part as follows: "9. . . . The roadway serving the project shall be upgraded to City design and construction standards, except for curbs, from Spear Street to the primary entrance to the project . . . "; and Whereas, the( grading of said roadway is to be performed by Developers at their expense, consistent with the following provision contained in Cupola's aforesaid Warranty Deed to Developers: "Also included in this conveyance is the right in the Grantees, at their expense, to make whatever improvement within the rights -of -way specified above may be required by municipal and governmental authorities having jurisdiction over the project to be constructed on the land and premises herein conveyed."; and, Whereas Developers and Cupola have entered into an Agreement, dated April 7, 1977, and recorded in the City of South Burlington Land Records, relating to mutual rights and responsibilities for maintenance and upkeep of the sixty (60)-foot right-of-way concerned in this Agreement, and relating to Developers' rights of use of the roadway, which Agreement is in no way affected by this Agreement; and, Whereas, the parties desire to record their mutual understanding to the effect that, by granting said approvals and otherwise authorizing said project, the City has not assumed, but rather has specifically dis- avowed, any intention or obligation to plow, repair or otherwise maintain said roadway or to accept the same as a public street; and, Whereas, Cupola granted Developers additional access to Subject Property, which Developers shall use for the purpose of establishing a secondary entrance to Subject Property, by virtue of the following provision contained in Cupola's aforesaid Warranty Deed to Developers: "Also included in this conveyance is a right-of-way for passage of persons and vehicles, in common with the Grantor herein and others, over a strip of land having a uniform width ' of 60 feet, located adjacent to the westerly boundaries of Parcels 1 and 2, hereinabove identified as said '60' R.O.W.'." Now, therefore, in consideration of said municipal approvals, the parties hereby covenant and agree as follows: 1. Neither Developers nor Cupola shall take any action which shall require the City to maintain or provide any services on the above - described roadway, without first obtaining the City's written consent and - 2 - 0 y approval. 2. Developers and Cupola shall fully maintain said roadway and keep the same in good repair in accordance with their April 7, 1977, Agreement with regard to the division of said responsibility between themselves. 3. If for some reason or cause unforeseen as of this date or if by some process of law the City should hereafter accept the dedication of said roadway as a public street, then and in that event, to the extent that the same shall be required, said roadway shall be upgraded to City requirements as to design and construction, without cost or obligation to the°City, and Developers and Cupola shall then convey the same and all their rights therein to the City for the sum of One Dollar. Nothing contained in this paragraph shall be construed as obligating either Developers or Cupola, or both of them, to dedicate any portion of Quarry Hill Road as a public street and, similarly, nothing contained in this paragraph shall be construed as obligating the City to accept any such proffered dedication. 4. The parties confirm the fact that the above -described secondary entrance to the Subject Property shall at all times be kept accessible for the use of emergency vehicles, but acknowledge that it will be closed by a gate to prevent use by normal traffic. 5. This Agreement may be amended or revoked only upon written consent and approval by the City. 6. This Agreement shall not only be binding upon the parties signatory, but also upon their respective heirs, executors, administrators, successors and assigns. r � � �� • - 1 1:0 DATED April 1977. In Jsrn e O-� `C� c{,o� l 'tit 4,4 STATE OF VERMONT CHITTENDEN COUNTY, SS. RICHARD H. BRUCE In CUPOLA GOLF COURSE, INC By:.fCC. Duly Authorized Officer CITY OF SOUTH BURLINGTON By: At Burlington this /,-// day of April, 1977 Richard H. Bruce,' Lawrence A. Leveillee and Douglas C. Pierson personally appeared and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. ,Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington this 14.-a day of April, 1977 Ruth Deslaurier personally appeared, and she acknowledged this instrument, by her sealed and subscribed, to be her free act and deed and the free act and deed of Cupola Golf Course, Inc. '�•�--� Notary Public STATE OF VERMONT ' CHITTENDEN COUNTY, SS. At South Burlington this day of April, 1977 personally appeared, and he acknowledged this instrument, by her sealed and subscribed, to be her free act and deed and the free act and deed of City of South Burlington. Notary Public -5- U l �.:C„M91� 0�P .. �,a &�iC_R 2.2. 1977 the Ruth Burltnktnn PlanningCommission held a regular meeting on Ode6day, March 42, 1977 in the Conferenoe doom, Municipal Offices, 1175 Williston Road. Mtabors Propyat William -Wessel, Chairman; Ernest Levesque, Sidney Poger, Kirk Woolery, canes ' Zwin� •.� No"Oba Abe David " K*"mcp Others Pres6at Stephen-Page;•Plannins Assistant; Richard Bruce, Jerry Xyler, Ralph DesLaurier.Ilrs. DesLaurier, Richard Thomas, Judson Babcock, Michael iwth,�.rJim Holbrook, Richard Xnghamt Xr. and Xre. Laurence Leutilee Mt. Pierson, Ralph teve, Paul Simms; Bill,Schusle, Bill Duff, Walt Platteborse, !'ree 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 way along the southerly ling shall Ae'reservedti=in an appropriate mganer,_for a potential future City street. In'•the Minutes of -March 15• the following is to be added at thi- top of page 3: The swktgti xas s000nded: by Kr. Levosyue 4 mased ui�tiaously. Mr: Poor- then, moved thgt the PI*wUg Commission accept the Kjuutoa of March-8. 1977 and March 15. 1977. as corrected. •r. Levesque seconded the motion,.and it was passed unanimously. Pdb1Iy He#ring: filial Pla& 40cliO4tions of Cupola Golf Course.-luc. }nd'°�iohard Brygo et #l. #o set off one 11 gore lot, and consttuC.t.76 opartent units- ba said lot, east of Spear Street. north of the Uairersity Ft17, Mr. Myler gave a,general introduction to the project and then Bill Duff outlined tine architectural ohanges:•made since the last meeting. He said that the parking shelters had been deleted because of cost, although they cftld''be put in later, that the emergency exit had been lengthened and Vrtenied to the south because of the steepness of the slope, and that U4 261, or of units had gone from 77 to 76. Xr: 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 clogs. He was told that there would now be enough room. Mr. Myler said that every change in the plans had been approved by Mr. Page and Mr. Syzmanski. 2. V- Went through Mr. Paie,'s &977 ; paae fpF the ,,was. discussed, with fir. k'a ...poix►tlag Out t� :•ao► !t be od.by the Commission and oannot.,be too, close, in„son�to, another -; #y, mines that could eause;,eWusion on the-Qart.of.the cost p Quarry Hill was, osed wXih theieb ind�or the Fire De artment.�t prep , $Nignation. of street, road, etc. to4o added later. ,., : I[r..ifessel•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* k ii=,lI4rler then went through ,Dick Ward's memo of larch, 18, 1977. In response to paragraph 2, he said that the existing vegetation will be placed on the site plan aad.that the gees will be proteote4 during construction. In response to the final paragraph, Mr. Kyler-said that the figure of 112 orf 1� iof the total. dsyslopment 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 p*ople could- take care of setting a Rare reasonabl4f es. Mr. Myler then went through Mr. Symmanski'■ memo of March 18, 1977. He said that the things discussed in the memp wi4a be worked out before building permits are received. Mr. Wessel 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 Remo of March 18 and pedestrian ease- ment was discussed. At this point Richard Thomas, stating that he rep- resented Kra. DesLaurier 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 o4voted to the first -four lium ., as' page 2 of Mr. Page's Aaroh -18 memo. . He wanted the Commission to withhold a final requirement to bring the road up to city standards until a .major_,subdivloiou ..AA of f pred. He said that tbie.road passes 3-acres of H7 Quarry.Rill 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 L 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. �[r. �1�oolsry;.po, „qt►+d;<out that, Cupola. Q*U,,CQurit.4alsa awms 20 more ao 4 iness ;acres aird A that if th«t+ ` + lup•d ;tha`,rau taken' thatotriffio . - Mr. Poger • reaoabe disaussed,when and if there is further development. Mr. Wessel said that he would like to wait a week before giving final approval , a ntil the Fequiremeals for approval had been doaXt with more completely. Mr. Xyler said that they,Ae*ded the final plat on-, -.March 30 for the Act 250 approval*.. Mr. Poger felt that the ;pplieant 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 plaA.of`21 sheets and a landscaping lan to be submitted later, b .Green Mount Surveys and Trudell Consulting FMineers dated 9 3Q 76, revised 11 29 1 and Plan II ginal subdivision approval to a plan en tled 'Cupola.r.01L Course, Inc." by Green Mountain Surveys, dated 3 2 77 with the follows stipulations 1) that a final landscape plan be submitted to the Planning -Commission. 2) that liorisoa Heights. bo subiect to- the regreatiomfgjk- jQ,be, got by the P1an4ing Commission and apprdr#d by the«Citr,;CoumciI 3) that the stipulations in Bill Syzmanski'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. 15) that on Plan II of the Cupola Golf Course the following statements be entereds "Quarry Hill Road so-called, shall be fully_ upgraded to oity dtaign, ,and colatruotion standards in the evgt of z - a) sddUional subdivision, or, b) substantial further develomant" 6) that the road be called Quarry Hill and the final designation of road, atreet. boulevard _ be added. 7) that a pedestrian right-of-way free Horizon Heights to the Quarry Hill ad, so called, be made. 8) thAt the drafts of the utility easements, from Cupola Golf Course and Horizon Height* be reviewed by the Qtty-lt16rnes. 9) that the City Attorney review the documents relating to the private road utility easements and that these be submitted7for review and approval by the Plsmning Commission.. The motion► was seconded by Xr. Levesque and passed unanimausly. 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 Cuter, Inc., and A. Judson Babcock ,ta set off -a lot of 35-k acres, and construct 196 apartment units on said lot, east of Twin Oaks Terrace. 0 City of south Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658.7955 September 13, 1988 T.J. Boyle and Associates 301 College Street Burlington, Vermont 05401 Re: Synon/MCHV, Revised Site Plan Dear e ZONING ADMINISTRATOR e!)8.7958 This letter is to inform you that I approved the revised site - landscaping plan for a 10,000 square foot daycare/office building as depicted on a plan entitled "Synon/MCHV Site -Landscape Pl.ari" prepared by ,your firm and dated 8/11/88, last revised 8/12/88. If you have any questions, please do not hesitate to contact n►e. Sincerely, Z'Joe Weith, City Planner JW/mcp City (A' h Burl i np,;tc�rl WATER DEPARTMENT 403 QUE.FN CITY PARK ROAD SOUTH BURLINGTON. VERMONT 05403 TEL. 864-4361 September 9, 1988 Mr. Robert C. Krebs Krebs & Lansing 10 Main Street Colchester, Vermont 05446 RE: Synon Group - MCHV Day Care, Quarry Hill Rd Project #88114, Plans Dated May 1988 Dear Bob, I have reviewed the above referenced plans and approved them with the following changes which must be made to comply with South Burlington Water Department specifications and regulations. 1. An 8" valve must be installed west of the 6" service line tapping point (see enclosed sketch). 2. 3/4" threaded rod and duc lugs must be installed between the hydrant inlet connection and the valve 3. The hydrant for this project shall be one of the following with National Standard Thread: a. Mueller Centurion A-423 b. U.S. Pipe Metropolitan c. Kennedy K81A 4. Gate valves shall be Waterous Series 500 resilient wedge or equivalent. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Susan A. Messina Superintendent cc: J. Weith L. Mansfield wirs" twe 41 77zzzz Now goo bond 3 3 h -----_--- /O/ w w w __— — Mrw 6 "p.v. 306 New 6 water service - O.I. c/ 52 �_- 50' Conservation Zone I ►nelized location zoning administrator, I �• i 1 ��Mh! lsta,.1�r29.tocQ C �`2Z/77 STD �c �QcQ `t�-mac YL' A Lc,-*� Lw- v r rcue," �v ' �,� -al. C.t, PROPOSED AMENDMENTS CITY OF SOUTH BURLINGTON ZONING REGULATIONS I. The City of South Burlington Zoning Regulations are amended to add the following new sections: 1.30 Spear Street View Protection Zone Map defines that area of the City that is subject to the restrictions set forth in\Section 19.47 of these regulations. The Spear Street Vi�w Protection Zone Map is filed in the office of the City Clerk and is incorporated herein by reference. 19.47 Spear Street View Protection Zone In addition to the provisions of any other section(s) of these regulations, the uses allowed in any district in the Spear Street View Protection Zone, as shown on the Spear Street View Protection Zone Map, shall be subject to the following limitations: 19.471 No part of any structure within the Spear Street View Protection Zone shall exceed an elevation of 376 feet above mean sea level minus 4 feet for each 100 feet that said part of a structure is horizontally distant from the base line shown on the above referenced Spear Street View Protection Zone Map. 19.472 Landscaping and other vegetation located within the Spear Street View Protection Zone shall be maintained so that it does not exceed an elevation of 376 feet above mean sea level minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the base line shown on the above referenced Spear Street View Protection Zone Map. 19.473 The term "structure" when used in this section (19.47 and sub-s ctions) shall mean an assembly of materials'for occupancy or use, including, but not limited to a building, mobile home or trailer, billboard, sign, wall or fence, antenna, utility poles (including towers and lines). II. These amendments shall become effective 21 days following their adoption by the City Council. III. On the date that these regulations become effective, the 9/6/88 JW MOTION OF APPROVAL I move the South Burlington Planning Commission amend the May 31, 1988 Final Plat application approval of Synon Group for subdivision of a 1.55 acre lot from the 26+ acre Cupola Golf Course property to include the following changes: 1. Stipulation No. 1 of the approval shall include the condition that 15% of the bond posted for improvements of the roadway will be maintained after completion of the roadway until it is dedicated to the City. 2. Stipulation No. 2 of the approval shall be waived. 3. A stipulation shall be added requiring the owner of the private roadway to sign a private roadway agreement. The owner shall submit a private roadway agreement to the City Attorney for review and approval prior to permit for the day care/office building. 5 9/6/88 JW MOTION OF APPROVAL I move the South Burlington Planning Commission amend the May 31, 1988 Site Plan application approval of Synon Group for construction of a 9,800 square foot day care/office building on Quarry Hill Road to include the following changes: 1. Stipulation No. 1 of the approvals shall include the condition that 15% of the bond posted for improvement of the roadway will be maintained after completion of the roadway until it is dedicated to the City. 2. Stipulation No. 2 of the approval shall be waived. 3. A stipulation shall be added requiring the owner of the private roadway to sign a private roadway agreement. The owner shall submit a private roadway agreement to the City Attorney for review and approval prior to permit for the day care/office building. in T. J. BOYLE AND ASSQ 1TES Landscape Architects & Planning-insultants 301 College Street BURLINGTON, VERMONT 05401 i TO ri *5�i% i�' ■� WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ ILIEUU(, A orFTURSOMOTTIL DATE �.. JOB NO. ATTENTION RE: the following items: ❑ Samples ❑ Specifications COPIES DATEE, NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval [ I Approved as submitted For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit_ copies for approval ❑ Submit copies for distribution ❑ Return corrected prints Ll PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: PRODUC1240-3 ees Inc, Grow, mass. 01471. If enclosures are not as noted, kindly notify us at once. I City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658.7955 September 2, 1988 Synon Group c/o Peter Doremus 112 Lake Street Burlington, Vermont 05401 Re: Request to Amend 5/31/77 Approval Dear Mr. Doremus: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda item and my comments to the Planning Commission. Bill Szymanski's comments are also enclosed. Please be sure someone is present on Tuesday, September 6, 1988 at 7:30 P.M. to represent your request. Sincerely, pl'o"e Weith, City Planner JW/mcp Encls M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: September 6, 1988 agenda items Date: September 2, 1988 2) SYNON, QUARRY HILL ROAD Construction of the Quarry Hill Road is expected during the 1989 construction season. It is anticipated that the entire road will be completed except for the one inch surface course which we request not be placed until the following year 1990. Upon completion of the surface course, the City will accept the road and expect to get and record the deed to this road. Our usual procedure is to get the deeds early before the work starts and have them available upon acceptance of the street. The Deslauriers, owners of the road, do not want to prepare the deeds ahead for reasons not clear to anyone. Insisting on these deeds may jeopardize the Synon people who have invested a great deal of time and money on their project and it is a project that is needed in the area. I have no objections of waiving the requirement for preparing the deeds ahead of time and preparing them just before completion of the road work in 1990. 4) GARY RIGGS STORAGE BUILDING, ETHAN ALLEN DRIVE 1. Site drainage shall be toward the new street to the south. 2. Proposed new road entrance shall have a depressed concrete curb. 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL (802) 6SS-7953 September 2, 1988 District Environmental Offices District #4 111 West Street Essex Junction, Vermont 05402 Attn: Ernie Christianson Re: Synon Childcare Center Quarry Hill Road South Burlington Dear Ernie: OFFICE OF CITY MANAGER WILLIAM J SZYMANUI The above referenced project will be served by the municipal sewer system and is expected to generate 1305 gallons of sewage per day. This sewage will be treated at the City's Airport Parkway Plant. This plant has sufficient capacity to treat this volume. Very truly yoo s, William IV., Sanski City Manager WJS/b M E M O R A N D U M '1'o: South Burlington Planning Commission From: Joe Weith, City Planner He: September 6, 1988 agenda items Date: September 2, 1988 2) SY"NON, REQUEST TO AMEND APPROVAL On May 31, 1988 the Planning Commission approved a 1.55 'acre subdivision from the 26+ acre Cupola Golf Course and the site plan application for a day care/office building on this 1.55 acre lot. Both approvals are subject to the stipulation that legal documents for the Offer of' Dedication and deed for Quarry Hill Road shall be submitted to the City Attorney for approval prior to permit. As described in the 8/17/88 letter from Michael Burak, the Deslauriers find it in their best interest not to dedicate the road to the City at this time. Therefore, the stipulation described above will not be met. As described in Mr. Doremus' 8/29/88 letter to the Planning Commission, the success of the day care/office building project depends on the Planning Commission's willingness to waive the stipulation described above. The City's policy of no more private roads was generated by the problems arising from the City being forced to take over private roads which were substandard and had not been maintained. The Deslauriers' have agreed to build a street to City standard. However, they have not agreed to dedicate it to the City at this time. One proposal which has been made is to require that a maintenance bond be posted that will cover the cost of maintenance until future dedication of the road. I will talk further with Steve Stitzel on this subject. 3) HEATHCOTE ASSOCIATES, FACTORY OUTLET MALL Based on the literature I have reviewed, and a review of parking standards for surrounding municipalities, our parking standards for this size shopping center appear to be high. The Urban Land Institute recommends a design standard of 4 spaces per 1,000 square feet of gross leasable area (GLA) for this size shopping center. Based on this standard, the applicants proposed 5.3 spaces/1000 GLA should be sufficient to handle the demand generated by this facility. Even with the shared parking issue, there should be enough spaces to accommodate the Shopping Center and Club New England/TV Station parking demand. 1 City of South BLI t•l ington WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON, VERMONT 05403 TEL.864-4361 September 6, 1988 District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 RE: M.C.H.V. Office/ Daycare Building Quarry Hill Road Dear Sir, The above referenced project with an estimated daily demand of 1305 gallons for domestic use will not place a burden on or hamper the South Burlington Water Department from providing service to its existing customers. The results of a fire flow test taken in 1980 by Champlain Water District personnel at the Horizon Heights project is as follows: Static (psi) Residual (psi) 74 62 Sincerely, SOUTH BURLINGTON WATER DEPARTMENT -A y r Susan A. Messina Superintendent cc: K. Khatri B. Szymanski J. Weith Discharge (gpm) 1300 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 September 6, 1988 Peter Jacob, Chairman Planning Commission City of South Burlington South Burlington, Vermont 05403 Re: Synon Application Dear Chairman Jacob: OFFICES AT 29 PINE STREET BURLINGTON TELEPHONE (802)658-6951 I represent land owners on East Terrace whose lands abutt those of Cupola Golf Course. On their behalf, I register an objection to a request of Synon, Inc. to amend their final plat approval. That request seeks to eliminate the condition imposed by the Planning Commission that the road to the Synon property be developed as a City street and dedicated to the City of South Burlington. As I understand it, this application has been caused by a refusal of Cupola Golf Course to dedicate the land to the City. Before I discuss the specifics of our objection, I want to express concern about the lack of adequate notice of this request. Although some of my clients are abutting land owners, they did not receive notice of this request as I believe they should have. I do not register this as a technical objection but instead a real concern that interested persons were not able to get to the Planning Commission to register their objections because of inadequate notice. The primary reason for my clients' objection is that the action of Cupola Golf Course is being taken to maximize an undisclosed development on the rest of the Golf Course lands. Thus, Cupola Golf Course is objecting that they will lose density rights for development whose density needs are undetermined and for which the adverse consequences of high density development are major. Cupola's second concern is that their overall development may require a moving of the access road and such a moving will be Peter Jacob, Chairman September 6, 1988 Page 2 prevented by a dedication to the City. As we have consistently stated to the Planning Commission, the use of Quarry Hill Road as an access to a development on the rest of the Golf Course lands would be a direct violation of the restrictions placed on the Horizon Heights Development. Thus, the placement of the road is irrelevant to legitimate concerns of Cupola Golf Course. The above specific objections are only examples of the larger problem faced by the Planning Commission. Cupola Golf Course is attempting to induce the Planning Commission to make incremental decisions and facilitate the development that Cupola has planned but refused to disclose. Any decision made under these circumstances is likely to have undesirable consequences. The Planning Commission should refuse to make any such decisions without full disclosure from Cupola. We as taxpayers of South Burlington applaud the decision of the City Council and the Planning Commission to require all access streets to meet City standards and be dedicated to the City. That is the only way to insure that private developers, and not taxpayers, will pay for the full cost of development. A waiver of that requirement with no legitimate reason except to maximize financial returns of a developer is wholly unjustified. Thank you for allowing to express our concern. Sincerely, r Willi m M Dorsch WMD/jam MCMWIP Medical Center Hospital of Vermont MEMO TO: South Burlington Planning Commission Ralph DesLauriers, et al FROM: Brian Gragnolati, Vice President DATE: September 1, 1988 SUBJECT: Child Care Center at Quarry Hill The Medical Center Hospital of Vermont (MCHV) has recognized the importance of high quality child care which is accessible and affordable to its employees. This recognition comes from not only feedback from our employees, but also an awareness that in a tight labor market, an employer whose workforce is 85% female will not be able to recruit and retain healthcare professionals without addressing the child care needs of its employees. Our employees are excited about having an employer -sponsored child care center located within minutes of the hospital. To date, over 100 employees have expressed interest in anticipation of a March 1, 1989 opening. Groups of employees have been meeting to deal with the design and operation of the center and a groundbreaking ceremony is planned for the third week in September to celebrate this step into the future. It is with this background that I share with you our concern about the successful development of this project. It is our understanding that there is a potential stumbling point in attainment of our goal due to the dedication of the road which will serve the child care center. We are hopeful that the Planning Commission and the DesLauriers will be able to resolve this issue so that we may move forward with our project. The Medical Center stands ready to assist in any way possible. I plan to be present at the Planning Commission meeting scheduled for Tuesday, September 6 to answer any questions or to address unresolved concerns or issues. Thank you for your assistance in this matter. /er (802) 656-2345 Burlington, Vermont 05401 AVermont Health Foundation Companv r vi+w Voluntary Hosnitals of A—lim Inc Goldstein, Mani ), Burak & Gabel Cmill.ti('Ilm-s al I.aw Two Waterfront Place-86 Lake Street Post Office Box 1506 Burlington, Vermont 05402 Telephone 802 862-0500 Telecopier 802 862-8176 '165 Franklin Street Boston, Massachu.m-Its 02110 Telephone 617 439-891N1 DELIVERED BY HAND Peter M. Doremus, Esq. Doremus Associates 112 Lake Street Burlington, VT 05401 Dear Peter: Michael L. Burak' Patricia Gabel' Jon T. Anderson Pamela C. Kraynak David Ilyman' + Of Counsel II. Kenneth Merritt, Jr.' + 'Also admitted In New York +Not .dmhled In Vermont August 17, 1988 The GAKI I.H\\Croup with affiIIll cd I(ficcs it ISnslon, fs1A III IthII;tIll , VT IlarIfwd, (1 kit lely. k11C Purtsnunllh, N11 Providcnn•, fit This letter is in response to our telephone conversation this morning and summarizes our discussions with respect to the Purchase and Sale Agreement between my client, The Cupola Golf Course, Inc. ("Cupola"), and the Synon Group of which you are a general partner. As you know, that agreement is for the sale of a relatively small parcel of property and must be viewed in the context of my client's plans to develop the remainder of its 27 acres adjacent to your parcel. Those plans are in the formative stage and may vary as a result of the several discussions which are in progress between my client, the South Burlington Planning Commission and Cupola's neighbors. Moreover, Cupola's precise requirements will not be fully finalized until a developer for the principal portion of its properties is chosen. We anticipate these matters will be resolved over the next several months and at that time we will file a master plan. As you know, it is of paramount importance to my client that its sale of property to you not have an adverse impact on its development of the larger parcel. For such reasons, we inserted language in the contract which would allow us to declare the contract void "in the event that the review of Purchaser's plan ... restricts the further use or traffic for development of the balance of Purchaser's ... property." Similarly, we included in the contract a provision specifically disavowing any requirement to dedicate the road to the city. Therefore, as we have indicated to you, while we are prepared to build a road to city standards --including curbs, sidewalks and 30' width --we are unprepared to dedicate to the road. Dedication of ;t +4�'M `hC1 'kr�.^Yd•t � � Y��}•'r 4� � A Y 4: ;.bV , ; - i tip •� 1 � �' ♦ tlK. <13Y wart �' y, mPYt^. lo( � .. �'i: r)r. 1 i Lr •�• •�ti ���♦... p[_k- Cq�"Wi $h<$"'.<' '^ i / A N n+t P ; S , ' ♦ . i . 6 � -�b •. i ' } 7Y , x t itl SX ie Yd�VV' Pa•�if� b t i plii � 1 'fy t_�•r < )• l"i � F ,14 Y ,{t- ,�:_ ire �•Y. �„:, .,, _ V *1 ^ W '. L � 15 � �r i �`4"t' .�i. ''Fy�.�1�r*y � y�`i^ S t � 5 •'r.. ,:.,� J Yy:x a ! A + 3n Fv f r 7. r• ti � ^ PLANNING COMMISSION 31 May 1988 page 3 Mrs. Maher felt the sidewalk should go at least to the far end of the Synon property line. Ms. Pugh felt if the Quarry Hill lot were to be used for a snowplow turnaround, there should be a stip- ulation that Quarry Hill not be open year round. Ms. Peacock sug- gested approving the application with a full city street and city standard cul de sac and then having the applicant come back in 2 weeks if they want it amended and if the Planning Commission agrees after getting more information. Mrs. Hurd stressed the City had to be protected so that in 5 years someone doesn't come in and ask where the sidewalk is and the City would then have to build it at taxpayers expense. Mr. Bigham said he is troubled because the owners of the Cupola have planted 20 trees to block the views of residents of Horizon Heights and felt this was an act of spite on the part of the Deslauriers. Mrs. Hurd moved the Planning Commission approve the Final Plat ap- plication of the Synon Group, Peter Doremus, agent, for subdivision of a 1.59 acre parcel from the cupola Golf Course property located south of Gaynes as depicted on a plan entitled "Final Plat: Synon Group, Quarry Hill Road, South Burlington, VT" prepared by Krebs and Lansing, dated May 1988 with the following stipulations• 1. Quarry Hill Road shall be constructed to City standards with 30 feet of pavement, curbs and a sidewalk on one side fronm Spear Street to the Quarry Hill Club parking lot. with a city standard size cul de sac. These road improvements shall be recorded on the plan and approved by the City Planner prior to recording. A bond shall be posted for this prior to permit for anv development or construction. 2. Legal documents for the offer of dedication and deed for Quarry Hill Road shall be submitted to the City Attorney for approval prior to permit. 3. The water and sewer lines shall be shown on the plans prior to recording. 4. Street details shall be approved by the City Engineer prior to permit. 5. It is the applicant's responsibility to record the corrected final plat within 90 days or this approval is null and void. It must be approved by the Planner and signed by the Chairman or Clerk of the Commission prior to recordin4_ Mr. Burgess seconded the motion which passed unanimously. 4. Site plan application of the Synon Group for construction of a 9800 sq, ft., 2 story day-care and office building for MCHV, Quarry Hill Road PLANNING COMMISSION 31 May 198 page 4 Mr. Boyle said the engineer felt they could get a sewer tap at gravity across the adjacent lot. If this is not possible, they will have to lift to Quarry Hill Rd. They have also now shown a hydrant at the near corner of the access drive as required by the Chief. They day care play area will be fenced. Mrs. Hurd asked if the day care play area includes the pond. Mr. Boyle said the pond would be part of a nature area for the day care (with frogs, etc). Children will be well supervised. 39 parking spaces are shown with the dumpster in the 40th space. This will be relocated, if possible. Parking is mostly for the office building use. The day care facility is on the first floor. Mr. Doremus said VNA will operate the day care, and pond areas will all be fenced for safety. Mrs. Maher asked if the day care can be made accessible for wheel chairs. Mr. Boyle said it can be. Mrs. Lafleur said the parking layout is OK, but a dropoff area is essential. Members felt there should be handicapped spaces for the office and day care accesses. Mrs. Maher asked what it will look like from the Interstate. Mr. Boyle said they have increased the size of trees for better screening from the Interstate. They will use 2-1/2" caliper willows which grow fast. Mrs. Lafleur confirmed they meet the setbacks from the Interstate ramp and from the brook. Mr. Fitzpatrick, architect, said the building will be 50' x 100' and will be brick with concrete block. The roof will be copper or a paint finished metal. The east elevation will be 2 stories, the west one story. There is a stairway within but there will probably be minimal communication between the 2 uses. Mr. Doremus said the Medical Center is the tenant for the whole building. The office use will be for general office space, not physicians' offices. Mrs. Maher asked if it would be a non-profit, non -tax- paying facility. Mr. Doremus said they will pay taxes. The facility will be owned by the development group and leased to MCHV. The day care is for MCHV employees' children, and they do not propose a night facility for late shift workers' children. VNA will not give up its other day care facility. Traffic: Lance Llewellyn said they estimate 480 cars per day. At peak hour, the 78 cars per day will just about double what is there today. The 509 ft. site distance requirement at the inter- section with Spear St. is exceeded in both directions. The inter- section operates at level "A" today, and this will not change with the development. No turning lanes are warranted, he felt. Mr. Llewellyn noted Craig Leiner had reviewed the plans and concurred. Mrs. Lafleur added there is not enough volume to require a signal but they are getting close. PLANNING COMMISSION 31 May 1988 page 5 Mrs. Bolt expressed concern for runners, bikers, roller skiers, etc. on Spear St. and said it is an accident waiting to happen. Mr. Jacob suggested the Commission discuss this with the Council the next time they meet together to suggest a wide shoulder with a white line. He agreed it was very dangerous. Mrs. Lafleur felt this should extend all the way to the town line. Mrs. Stigney expressed concern with the traffic back-up to Williston Rd. This is already a problem, particularly from 7:30 to 8:30 in the morning, and residents can't get out of East Terrace. Mr. Bigham said he felt that allowing piecemeal de- velopment of this property was perpetuating a mistake and that what was needed was an overall plan. He questioned the wisdom of dumping a lot of traffic into a cul de sac. He said the property owners created problem after problem, and this was not in the interest of the City. Mrs. Maher explained the limitations of the Commission. She said she would prefer R-7 development here, but the applicant had the right to go to the Zoning Board for a var- iance, which they received. Mrs. Lafleur noted the Commission saw a plan a few weeks ago for the whole parcel and will see it again soon. She said the Commission has asked for this over and over again. She understood the neighbors' frustration, but said the City could not force development. Mr. Brigham again raised the question of the trees planted to block views and felt this was not the way to cultivate neighbors. Ralph, Jr. said they were plated as a buffer between residential and commercial. Neighbors protested that 40 foot trees are not a buffer. Mrs. Bolt noted the Zoning Board said there could be no future commercial traffic using Quarry Hill Rd, but the large plan seen a few weeks ago showed a through road. She asked how both can be true. Mrs. Hurd said there is a major concern with this. She noted the Minutes of Nov., 1976 indicated the Commission expected the land to be developed residential and that there could be no commercial traffic through a residential area. She questioned whether the Commission could approve this commercial application. Mr. Poger, who was on the Commission at that time, recalled the Board felt as Mrs. Hurd does and that there should not be com- mercial traffic through Horizon Heights and no more commercial development. Mrs. Maher asked how a conditional use could then have been granted in opposition to a previous Planning Commission decision. Mr. Doremus said this is an R-7 zone and this is a conditional use in that zone. He said the languaged referred to was for the land "zoned commercial." He said the proposed use is not a dense commercial use such as retail. As clerk of the Commission, Mrs. Hurd moved the Planning Commission approve the site plan application of the Synon Group for construction of a 9800 sq. ft. day care/office building (4900 sq. ft. per floor) as depicted on a plan entitled "Site -Landscape Plan - Synon Group" dated May 20, 1988 prepared by TJ Boyle and Associated dated May 20, 1988 with the following stipulations: PLANNING COMMISSION 31 May 1988 page 6 1. A bond shall be posted Prior to permit for construction of the Quarry Hill Road to city standards including 30 feet of pavement, curbs and a sidewalk on one side from Spear Street to the entrance of the Quarry Hill Club, with a city standard size cul de sac These road improvements shall be recorded on the plan and approved by the City Planner prior to recording. A bond shall be posted for this prior to permit for any development or construction in an amount determined by the City Engineer. Street details shall be submitted to the City Engineer for approval prior to permit. 2. Legal documents (offer of dedication and deed) shall be submitted to the City Attorney for approval prior to permit. 3. A $14,500 landscaping bond shall be posted prior to permit. The plan shall be revised prior to permit to reflect this amount and shall be submitted to the Planner for approval. 4. A 1305 qpd sewer allocation is granted and teh $2 50 per gallon fee shall be paid prior to permit. 5. The sewer line and water service shall be shown on the plans prior to permit. Water shall be approved by the Water De art-ment and final sewer plans shall be approved by the City Engineer prior to permit. 6. One fire hydrant shall be installed by the main drive prior to permit. 7. The building permit shall be obtained within 6 months or this approval is null and void. Mrs. Maher seconded. Motion passed 6-1, Mrs Hurd opposing. 5. Public Hearing: Final Plat application of Southsett Partnership for 178 unit planned development of 108 multi -family units in 27 buildings and 70 single family lots on 40 acres, an existing farm- house and 68 acres of recreation land deeded to the City, 900 Dorset Street Mr. Marcellino said they reworked all the setbacks so they now conform with everything the Commission wanted. They took out the cul de sacs. All roads are 30 ft. wide. They have preserved the trees between the "fingers" on the lots. Mrs. Lafleur noted the First Chief wants 12 hydrants. The City Manager is still concerned with the liability of the ponds and wants a stipulation that they are not the City's responsibility. Mr. Llewellyn said the Fire Chief is happy with the siting of hydrants. Mrs. Lafleur noted the Water Dept. must see the plans. Mrs. Hurd asked the price range of single family homes. Mr. Hausner said 150-200,000. M Seller of every agreement and obligation herein contained or expressed. 18. Controlling Law. The provisions and effects of this Agreement shall be controlled by Vermont Law. 19. Notice. Notices required to effect the terms of this Agreement shall be effective only if sent by certified mail, return receipt requested, as follows: If to Sellers: Ralph DesLauriers 100 Old Farm Road South Burlington, VT 05403 With a Copy to: Michael L. Burak, Esq. Goldstein, Manello, Burak & Gabel P.O. Box 1506 Burlington, VT 05402 If to Purchaser: Synon Group 112 Lake Street Burlington, VT 05401 With a Copy to: Peter M. Doremus, Esq. Doremus Associates 112 Lake Street Burlington, VT 05401 or to such other address as the parties shall designate by written notice. 20. Road Improvement. The Purchaser agrees to contribute Twenty Thousand Dollars and No Cents ($20,000.00) for the improvements to the Quarry Hill Road and any extension thereof at the time of closing. Said sum shall be paid to said Michael L. Burak as Escrow Agent. (The Escrow Agent shall be liable only for its own gross negligence and shall always be fully protected by paying the escrow sum into a Court of competent jurisdiction.) The - 10 - 1 Escrow Agent shall pay said sum over to Seller when the improvements and extension of said Quarry Hill Road has been completed to the following standard: The road will not be required to have curbs, sidewalks or be 30 feet wide or be dedicated to the City of South Burlington. Seller proposes to build a road that has a subbase to city standards 30' wide and a total width of 26' of black top from Spear Street to Buyer's site. If the Planning Board shall impose additional road improvements, Seller shall comply with the same. The Seller hereby warrants that all such improvements to said Quarry Hill Road will be completed no later than one hundred twenty (120) days from the issuance of the necessary permits forth in Paragraph 3a, including, without limitation, any additional permits which may be necessary for construction of the road subject to causes beyond Sellers reasonable control including, without limitation, the weather. This covenant shall survive the closing. 21. Headings. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning thereof. 22. Entry Upon Premises Prior to Closing. Purchaser shall have the right to enter upon the premises at mutually agreeable times and places for the purposes of inspecting the premises and for all reasonable purposes all at Purchaser's sole risk and Purchaser shall defend and hold indemnified and harmless Seller of and from any and all claims and liabilities arising from such activities and procure reasonable insurance requested by Seller. 23. Time is of the Essence. The parties hereto agree that time is of the essence in the performance of all the elements of this contract. 24. Binding Effect. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and its respective successors and assigns. 25. Use. The Seller shall have the right to approve the Purchaser's intended use of the property; in the eve:.t that the Seller does not approve the use, the Seller may declare this contract void and shall return all deposit money paid hereunder. If Seller does not approve the intended use of the property, Seller agrees not to permit the same use or uses on the Premises as requested by the Purchaser in the same manner (meaning use and particular style of use) by the party or parties to whom Purchaser intends to lease or convey the Premises. 26. Further Permits. The Purchaser agrees not to oppose any future development of the balance of Seller's lands and premises or to oppose or object to the issuance of any permits therefore. In the event that the Premises are sold or leased by the Purchaser to any other party, Purchaser agrees to require such a covenant from any such purchaser and/or lessee. In the event that the review of Purchaser's plan triggers a master plan or master plan review by the City of South Burlington or restricts the further use or traffic for development of the balance of Purchaser's or Seller's property; then in that event, the Seller - 12 - may declare this contract void and have no further obligations or liabilities hereunder and will return all of Purchaser's deposit monies paid pursuant to this Agreement. Purchaser acknowledges that Seller has disclosed to Purchaser that Seller has not yet reached firm conclusions as to the manner in which it intends to use the balance of the land of which the premises are a portion. The balance of such land may be used in one or more ways which require permits or changes in zoning.. Purchaser agrees that it is purchasing the land with full realization that some of said use may or may not be compatible or beneficial to any use which the Purchaser intends to make of the Premises from time to time in the future. Purchaser hereby accepts such risk. Purchaser therefore agrees that it shall not oppose any requests by the Seller for all such permits as they may be required by Seller in order to accomplish its intended uses from time to time of said lands unless any proposed use shall be one which is commonly considered in the community to be noxious or offensive. This covenant shall survive the closing and, in the event that the Premises are sold or leased by the Purchaser to any other party, Purchaser agrees to require such a covenant from any such purchaser and/or lessee. 27. Design Review. Purchaser shall submit all construction plans to seller for approval of design. Seller shall have five (5) working days to grant or deny said approval which approval shall not - 13 - 5/31/88 JBL MOTION OF APPROVAL I move that the South Burlington Planning Commission approve the site plan application of he Synon Group for construction of a 9800 square foot day care office building (4900 square feet per floor) as depicted on a plan entitled "Site -Landscape Plan - Synon Group" dated May 20,1988 prepared by TJ Boyle and Associates dated May 20, 1988 with the following stipulations: CJAL wRl1� Cc 1) A bond shall be posted prior to perm' for cons ruction of the Quarry Hill Road to City standards including 30 feet of pavement, curbs and a sidewalk on one s' a from Spear Street to the entrance of the Quarry Hill Club The amount should be determined by the City Engineer prior to permit. Street details shall be submitted to the City Engineer for approval prior to permit. 2) Legal documents (offer of dedication and deed) shall be submitted to the City Attorney for approval prior to permit. 3) A $14,500 landscaping bond shall be posted prior to permit. The plan shall be revised prior to permit to reflect this amount and shall be submitted to the Planner for approval. 4) A 1305 gpd sewer allocation is granted and the $2.50 per gallon fee shall be paid prior to permit. 5) The sewer line and water service shall be shown on the plans prior to permit. Water shall be approved by the Water Department and final sewer plans shall be approved by the City Engineer prior to permit. 6) The building permit shall be obtained within 6 months or this approval is null and void. ire vmt" - ate- L \.r' FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 May 31 1988 Mr. Peter M. Doremus, Esq. 112 Lake Street Burlington, Vermont 05401 RE: Traffic Impact Evaluation - Proposed Day-Care/Office Building Quarry Hill Road - South Burlington FILE: 88052 Dear Mr. Doremus, At your request, we have analyzed the potential traffic impacts of the above -referenced 10,000 square feet day-care/office building. The following analyses specifically evaluate the impact of this proposed building on Quarry Hill Road and its intersection with Spear Street. Three major issues of concern to local and state officials are addressed herein: Traffic Congestion, Traffic Safety, and Geometric Improvements. The objective of this evaluation is to identify and access potential traffic impacts created by this Project in each of the above areas of concern, for both existing and future traffic conditions. TRAFFIC CONGESTION Information regarding traffic volumes within the aforementioned study area was obtained from the following sources: 1. Automatic Traffic Recorder Count - Spear Street (Station D85), Vermont Agency of Transportation, August 20-27, 1985. 2. Turning Movement Count, Spear Street/Quarry Hill Road, FitzPatrick-Llewellyn Incorporated, April 29, 1988. Copies of the above counts are enclosed as Appendices A and B, respectively. The results of the above -referenced traffic counts were used to develop average daily traffic volumes (ADT) and design hour volumes (DHV) within the study area. Design 0 Inspection 0 Studies 0 Permitting • Surveying Mr. Peter M. Doremus, Esq. FILE: 88052 May 3, 1988 Page Two The above data was adjusted to a 1988 DHV condition, based on an annual growth rate of 5 percent and DHV/AADT ratios developed by the Vermont Agency of Transportation. The DHV is defined as the 30th highest hourly volume occurring on an annual basis, and is used as a design parameter to design highways, intersections, and traffic control systems. The DHV typically occurs on a weekday during the P.M. peak hour. Because projects such as this are seldom fully developed and occupied within a one year period, traffic volumes are typically projected to a future design year, and expected conditions are also analyzed for that design year. Typically, a five-year projection is made from the year of completion of construction. An analysis of potential traffic impacts therefore also requires the development of background traffic volumes for the design year of 1993. Those volumes were calculated based on an annual growth rate of 5 percent. Once existing and future background traffic volumes were determined, it was necessary to estimate the volumes and directional patterns of the additional vehicular traffic which this Project will generate. The major determinants of the volume of traffic which will be generated by this Project are the type and size of the proposed land uses. An estimate of the traffic generation was developed through the use of vehicular trip generation rates from "Trip Generation, Institute of Transportation Engineers, 4th Edition". That report outlines the results of trip generation studies for numerous land uses. Data for average weekdays and periods of peak traffic volumes were used to estimate the trip generation of the above referenced lots. Table 1 outlines the projected trip generation of this Project. TABLE 1 PROJECTED VEHICULAR TRIP GENERATION Average Weekday Vehicle Trip Generation 480 vte/day A.M. Peak Hour Trip Generation Enter 43 Exit 29 TOTAL 72 vte/hour P.M. Peak Hour Trip Generation Enter 33 Exit 45 TOTAL 78 vte/hour FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Peter M. Doremus, Esq. FILE: 88052 May 3, 1988 Page Three The directional distribution of Project -generated traffic was estimated using existing traffic patterns and potential origins/ destinations of newly generated traffic. That information indicates that 75 percent of Project -generated traffic will access it via Spear Street north. Projected design hour volumes, both with and without this Project, are enclosed as Appendices C and D. Since traffic flow on a street/highway network is typically limited by available capacity at intersections, the potential traffic congestion impacts of this Project were determined by performing capacity analyses at the Spear Street/Quarry Hill Road intersection. The methodology used to determine intersection capacity was obtained from the "Highway Capacity Manual, Special Report 209, Transportation Research Board, 1985". Traffic conditions were analyzed using projected 1988 and 1993 design hourly volumes. Table 2 presents the results of the intersection capacity analyses. TABLE 2 DHV LEVELS OF SERVICE SPEAR STREET/QUARRY HILL ROAD 1988 1993 W/O W/ W/O W/ PROJ. PROD. PROJ. PROJ. A.M. Peak Hour LT Enter from Spear Street A A A A LT & RT Exiting Quarry Hill Road A A A A P.M. Peak Hour LT Enter from Spear Street A A A A LT & RT Exiting Quarry Hill Road A A A A Urban local/collector highways and intersections are generally designed to maintain Level of Service (L.O.S.) D or better during DHV conditions. The concept of level of service has been defined to represent reasonable ranges in the degree of loading and corresponding vehicular delays and average travel speed. L.O.S. A represents very low loading with ample reserve capacity and no vehicular delays (free flow); L.O.S. C represents average conditions; and L.O.S. F represents a street or intersection at capacity, causing very long queues and vehicular delays (forced flow). It should be noted that in the case of unsignalized intersections, turning movements on the minor street approaches often experience FITZPATRIC K- LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Peter M. Doremus, Esq. FILE: 88052 May 3, 198B Page Four lower than desirable levels of service due to their having to yield to the major street traffic. For such intersections the Highway Capacity Manual uses L.O.S. E/F as the threshold of unacceptable traffic congestion conditions. Based on the results of the intersection capacity analyses, it is evident that the additional traffic accessing at this proposed intersection will not create significant adverse impacts on existing or future levels of traffic congestion within the study area. TRAFFIC SAFETY The safety of vehicular traffic traveling to and from this Project is largely dependent on existing geometric and physical conditions of nearby roadways and intersections, projected traffic volumes, and on the presence of adequate traffic control devices. Available sight distances were visually inspected at the Spear Street/Quarry Hill Road intersection. Based on prevailing speeds of 40 mph, the recommended minimum intersection sight distance equals 590 feet. This provides a minimum 10 second visibility time of oncoming traffic. Actual available sight distances exceed that value in both directions. Based on the above, the traffic safety impacts of this Project should be minimal. GEOMETRIC IMPROVEMENTS Geometric improvements may be warranted by either additional turning movements or existing substandard conditions. Where significant volumes of additional turning movements are generated, exclusive turn lanes may be warranted to reduce potential traffic congestion and safety impacts. Such turn lanes serve to prevent disruptions in traffic flow caused by turning vehicles. Analyses of the projected 1988 and 1993 design hour volumes indicate that future peak hour turning movement patterns at the Spear Street/ Quarry Hill Road intersection will not require additional turn lanes. Potentially substandard geometric conditions also need to be addressed. In this case, the width of Quarry Hill Road beyond the first entance to Horizon Heights is of concern. It is our understanding that this Project includes the rebuilding of that portion of Quarry Hill Road to current City road construction standards. FITZ PATRIC K- LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Peter M. Doremus, Esq. FILE: 88052 May 3, 198B Page Five CONCLUSION This report has evaluated potential traffic impacts of a proposed 10,000 square feet day-care/office building accessing onto Quarry Hill Road in South Burlington. No undue adverse traffic impacts were found to result from this proposed Project. In addition, existing geometrics at the Spear Street/Quarry Hill Road intersection are adequate to accomodate the projected additional traffic which this Project will generate. We wish to thank you for this opportunity to be of service. Should you have any questions, or if we may be of additional assistance, please feel free to contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED 6r cei� ' Rog. Dickinson, P.E. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services APPENDIX A SPEAR STREET — STATION D05 AUTOMATIC TRAFFIC RECORDER COUNT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services TRAFFIC COUNT RECORD VERMONT AGENCY OF TRANSPORTATION PROJECT PLANNING DIVISION TRAFFIC RESEARCH SECTION 41 Q E o ti TOWN: �� 1 2 3 4 5 6 7 8 12 'v a, a, ja ~ i v +�-) o 4-) + In n ROUTE: �L . fj U z z Z COUNTER UMBER:o2J STATION a : ,D�.s Day Hour 2-3 15. i _ 7.+ ,.+ 3-4 -- 359•.. 22 / .+ 379:+ .+ 7-8 317. 300-- '91r- 12.- 339-+ 8-9 . f 219A. 2? 239- 1.7?- r ., 186-4' -- ?60: -- �83. 277. ?78 - ? -144-1 --1 + 100 25 335 • 349. 9 338. 201. - - ??i. -90.4 -3-4 '1'JJ• - 450. - 4),5 431. - 191. • 194-.+ 452-i p -97-,PJ 4-5 4 ? 0 206. ? ?,.+ 432••+ .�.'/D 5-6 T48- 2 3 3 - 931.. �'"?3- 168. ? ,.+ 147•i 7-8 15 -` 173. 133.- 203- 134-+ 9 115. 5. 154 8�'. 5. r 88' ► _ —9 94.1. 122- yp. - 152• ' 71- 61-+ 10-11- 11.9-* 4 634- 4 483. • 4 613• 2760. ? 434.4 3 7i8l 1. 584. ota T Z CJCJ - Z I DATA SUMMARY � 13 -r3 Day of Week Dail Volumes Week 11 Total Ave. Da. 1 2 3 4 5. Sunday 4.' on ay tzco Tuesday - Wednesda 4- A- 4 Thursday Friday 4_ i Saturday Total o Average Days. Without Weekend 4 With Weekend Adjusted - Average Day Without Weekend - W i t h W Tee- en Route•�Classificat•ir)ii•.i W Wkendn -7 Factor.�5 198 AADT �58c) Remarks: zoo + zco i ZOU 421-0Z 3933 Revised November 1981 APPENDIX SPEAR STREET/QUARRY HILL ROAD TURNING MOVEMENT COUNT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services TURNING MOVEMENT COUNT SPEAR STREET u QUARRY HILL ROAD APRIL 29, 196B SOUTH APPROACH NORTH APPROACH EAST APPROACH TOTAL INTERVAL SPEAR ST. SPEAR ST. QUARRY HILL RD. APPROACH BEGINNING RT TH LT TH LT RT VOLUME 0600 0 9 0 4 0 1 14 0615 0 16 1 2 0 2 21 0630 0 48 0 18 2 0 68 0645 1 46 0 19 1 4 71. SUBTOTAL 1 119 1 43 3 7 174 0700 0 5B 0 28 0 5 91 0715 1 87 1 29 0 10 128 0730 0 119 1 37 1 7 165 0745 1 120 2 31 1 7 162 SUBTOTAL 2 384 4 125 2 29 546 1540 0 42 5 50 0 5 102 1515 0 37 3 58 0 8 106 1530 2 37 B 69 2 3 121 1545 1 50 6 59 1 10 127 SUBTOTAL 3 166 22 236 3 26 456 1600 2 52 10 64 2 9 139 1615 3 1 36 6 68 0 2 115 1630 3 57 8 83 2 7 160 1645 3 60 5 113 3 2 186 SUBTOTAL 11 205 29 320 7 20 600 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services APPENDIX C PROJECTED DESIGN HOUR VOLUMES WITHOUT PROJECT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services FITZPATRICK-LLEWELLYN INCH IORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN: :tiflM2�in1C �U V LOCATION: N NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. R aGi L® REMARKS: 1`I�� q.Y 1, om) NAW . _ FITZPATRICK-LLEWELLYN INCL. )ORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN: �;` 9(A P L I'\K,) 0 IJ LOCATION: r G0E-,a i\j NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. REMARKS: /C/66 p1n jv j3?0jcc FITZPATRICK-LLEWELLYN INCH PORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 . JPrRn. S; . I TOWN: S �il,l�� L IfJCTJOIJ LOCATION: IFCFli r.-'!L NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. _R �Cf l REMARKS: J v v/'l,/ c✓/o 2 ROic-C FITZPATRICK-LLEWELLYN INCH `GRATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 NAK[. �i�C11�. �i• TOWN: LOCATION: N NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. �J 777 � 3v � 11 REMARKS: J /ll , /�l ✓ wl o 'PY U J C CT APPENDIX D PROJECTED DESIGN HOUR VOLUMES WITH PROJECT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services FITZPATRICK-LLEWELL . _ i} INCORPORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN: 5 B(,(0LINC, LOCATION:, 01. /\J NOTE: LABEL APPROPRIA' DIRECTIONS ON AR ABOVE. REMARKS: FITZPATRICK-LLEWELL .t) INCORPORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN: S•.r5lltQLiNGj LOCATION: L C� REMARKS: 'J 0 1 N NOTE: LABEL APPROPRIA' DIRECTIONS ON AR ABOVE. l77 FITZPATRICK-LLEWELL. A INCORPORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN: �• •� 11) U nJG LOCATION: 'i5 "S Rr L REMARKS: U NOTE: LABEL APPROPRIA DIRECTIONS ON Al ABOVE. lH•t�> aN ✓ ""/ Pl' OJCc: M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: May 31, 1988 agenda items Date: May 27, 1987 3) SYNON GROUP = DAY CARE/OFFICE, QUARRY HILL ROAD 1. Sewer line along the west side should be shown on the plan. It is only partly shown. It may be difficult to sewer the building by gravity. 2. Water service mains should be shown. This shall be reviewed and location approved by the City Water Department. 3. Quarry Hill Road is a private street and in need of repair. 4) VILLAGE AT DORSET PARK BRAND PROPERTY) 1. The three ponds will be a liability. The plans should have a note on each pond stating that these ponds are owned and maintained by the home owners of the development especially the plan that is recorded. 2. The most southerly and the middle pond appear to have no provisions to handle overflow and provisions for draining if need be especially for the winter when they should be drained or substantially lowered. 3. The outlet structure for the northerly pond shall not be the City's responsibility but the responsibility of the home owners. 4. The sewage pumping station site shall have a curb cut for maintenance equipment to enter and park. 5. The City Water Department shall review the water service plans. 6. Corner lots shall have their curb cuts away from the corner as far as possible 7. Telephone and power shall be located outside of the street r.o.w. in utility easements. 8. A street lighting plan shall be furnished and street lights shall be in place before lots are sold not after they are sold. 9. There should be a single place for mail. boxes. The location coordinated with the post office. 1 I %� ��a75 �inrset street �i<Titth �urlingtnn, lflermu><tt 115�111 M E M O h A N D U M To: South Burlington Planning Commission From: James Goddette, Fire Chief Re: May 31, 1988 agenda items Date: May 27, 1988 A Y OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 3) SYNON GROUP DAY CARE/OFFICE COMPLEkI QUARRY Hll,L ROAD Plans reviewed by this department and the following wi.11. be required for fire protection. a) Water main to be extended and one hydrant installed by the main drive to property. 4) VILLAGE AT DORSET PARK Plans reviewed by this department and the only problem 1 found was that 12 hydrants are required for the size of the project. On Wednesday, May 26, 1988 1 had a meeting with Mr. Lance L1eweLlyn and corrections are to be made by him for the Plann.in,�Z Commission meeting on Tuesday, ^gay 31, 1988. 6) l NIVERS1'1'Y MALL TEMPORARY OFFICE TRAILER Atthis time .I do not. see a problem with the location of th,, trailer. T. I BOYLE AND ASSOC' p Landscape Architects & Planning Colisultants 301 College Street BURLINGTON, VERMONT 05401 TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints Plans ❑ Copy of letter ❑ Change order ❑ DATE JOB NO. ATTENTION RE: the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Fo your use ❑ Approved as noted requested ❑ Returned for corrections ❑ For review and comment ❑ _ REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ FOR BIDS DUE _ 19 _ ❑ PRINTS RETURNED AFTER LOAN TO US COPY SIGNED: PRODUCT2403 Ees Inc., cmma, MIm men. if enclosures are not as noted, kindly notify u i Deed References Rolond B EvofWline OesL ourrer to Cupolo CO# Course Condermollon order Stole o/ Vermont N,gt,wor Record 63 Cupo/o 601f Course to RiChord Bruce, Lowrence LoWdlee and DowgICS Pierson 127 gLx giY Botanic 1 H me MO 5 ; '3, Acer platanoides 3 ! Acer platanoides i 1 a1 Acer sacchrum MCHY DAY CARE PLANT LIST MAY 1988 1-8 510161 506 1219176 �gaeman Name sin Rsd Qlalmah Norway maple 2-2.5' cal. BBB Clear stem to 6' Norway maple 2.5-3' cal. B&B Clear stem to 6' Sugar Maple 2-2.5' cal. BU 1 Ig p Aesculus glabra Ohio Buckeye 2-2.5' cal. B&B SYA 3 Fraximus pennsylvonics lsnceeWta Newport Newport Green Ash 2-2.5' cal. B&B Clear stem to 6' 17 : Malus floribunda 5 3� , \0 Picea abies 12 L-7-UO Pins rngre 1 20 +) MS Pinus strobus 6 ja •1 0 Salix elegantissims Flowering Crab 6'-B' ht. BBB Norway Spruce 4-5' ht. BBB 1 Austrian Pine 4-5' ht. BBB . White Pine 4-5' ht. BBB Thurlow Weeping 5-6' ht B&B y Willow ' SHRUBS 14 1 j Euonymus vegetus Bigleaf Wintsrcreeper 18-24' spread BBB I 41°KUl$ �-y "e 6 �a?,G� Juniperus chinensis Sargents Juniper 15-18' spread 02 can 1 VPOLA GALE COURSE, /AC Sargent► � Vo%tw 66 Pope .w 1 NO a n"If 16 Potentilla frulicosa Bush Cinquefoil 12-18' spread • 1 can 50 3, °� Symphoricrpos vulgaris Coralberry 2'-3' spread BU Q 4 1 v WI0_46>to 6 1J�_'. Taxus cuspidata densi- formis l.'11 Dense Yew 16-24' spread BBB -� - � 1 8 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 May 3, 1988 Mr. Peter M. Doremus, Esq. 112 Lake Street Burlington, Vermont 05401 RE: Traffic Impact Evaluation - Proposed Day-Care/Office Building Quarry Hill Road - South Burlington FILE: 8B052 Dear Mr. Doremus, At your request, we have analyzed the potential traffic impacts of the above -referenced 10,000 square feet day-care/office building. The following analyses specifically evaluate the impact of this proposed building on Quarry Hill Road and its intersection with Spear Street. Three major issues of concern to local and state officials are addressed herein: Traffic Congestion, Traffic Safety, and Geometric Improvements. The objective of this evaluation is to identify and access potential traffic impacts created by this Project in each of the above areas of concern, for both existing and future traffic conditions. TRAFFIC CONGESTION Information regarding traffic volumes within the aforementioned study area was obtained from the following sources: 1. Automatic Traffic Recorder Count - Spear Street (Station D85), Vermont Agency of Transportation, August 20-27, 1985. 2. Turning Movement Count, Spear Street/Quarry Hill Road, FitzPatrick-Llewellyn Incorporated, April 29, 198B. Copies of the above counts are enclosed as Appendices A and B, respectively. The results of the above -referenced traffic counts were used to develop average daily traffic volumes (ADT) and design hour volumes (DHV) within the study area. Design • Inspection • Studies* Permitting • Surveying Mr. Peter M. Doremus, Esq. FILE: 88052 May 3, 1988 Page Two The above data was adjusted to a 1988 DHV condition, based on an annual growth rate of 5 percent and DHV/AADT ratios developed by the Vermont Agency of Transportation. The DHV is defined as the 30th highest hourly volume occurring on an annual basis, and is used as a design parameter to design highways, intersections, and traffic control systems. The DHV typically occurs on a weekday during the P.M. peak hour. Because projects such as this are seldom fully developed and occupied within a one year period, traffic volumes are typically projected to a future design year, and expected conditions are also analyzed for that design year. Typically, a five-year projection is made from the year of completion of construction. An analysis of potential traffic impacts therefore also requires the development of background traffic volumes for the design year of 1993. Those volumes were calculated based on an annual growth rate of 5 percent. Once existing and future background traffic volumes were determined, it was necessary to estimate the volumes and directional patterns of the additional vehicular traffic which this Project will generate. The major determinants of the volume of traffic which will be generated by this Project are the type and size of the proposed land uses. An estimate of the traffic generation was developed through the use of vehicular trip generation rates from "Trip Generation, Institute of Transportation Engineers, 4th Edition". That report outlines the results of trip generation studies for numerous land uses. Data for average weekdays and periods of peak traffic volumes were used to estimate the trip generation of the above referenced lots. Table 1 outlines the projected trip generation of this Project. TABLE 1 PROJECTED VEHICULAR TRIP GENERATION Average Weekday Vehicle Trip Generation 480 vte/day A.M. Peak Hour Trip Generation Enter 43 Exit 29 TOTAL 72 vte/hour P.M. Peak Hour Trip Generation Enter 33 Exit 45 TOTAL 78 vte/hour FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Peter M. Doremus, Esq. FILE: 88052 May 3, 19HH Page Three The directional distribution of Project -generated traffic was estimated using existing traffic patterns and potential origins/ destinations of newly generated traffic. That information indicates that 75 percent of Project -generated traffic will access it via Spear Street north. Projected design hour volumes, both with and without this Project, are enclosed as Appendices C and D. Since traffic flow on a street/highway network is typically limited by available capacity at intersections, the potential traffic congestion impacts of this Project were determined by performing capacity analyses at the Spear Street/Quarry Hill Road intersection. The methodology used to determine intersection capacity was obtained from the "Highway Capacity Manual, Special Report 209, Transportation Research Board, 19B5". Traffic conditions were analyzed using projected 1980 and 1993 design hourly volumes. Table 2 presents the results of the intersection capacity analyses. TABLE 2 DHV LEVELS OF SERVICE SPEAR STREET/QUARRY HILL ROAD 1988 1993 W/0 W/ W/O W/ PROJ. PROJ. PROJ. PROJ. A.M. Peak Hour LT Enter from Spear Street A A A A LT & RT Exiting Quarry Hill Road A A A A P.M. Peak Hour LT Enter from Spear Street A A A A LT & RT Exiting Quarry Hill Road A A A A Urban local/collector highways and intersections are generally designed to maintain Level of Service (L.O.S.) D or better during DH� conditions. The concept of level of service has been defined to represent reasonable ranges in the degree of loading and corresponding vehicular delays and average travel speed. L.O.S. A represents very low loading with ample reserve capacity and no vehicular delays (free flow); L.O.S. C represents average conditions; and L.O.S. F represents a street or intersection at capacity, causing very long queues and vehicular delays (forced flow). It should be noted that in the case of unsignalized intersections, turning movements on the minor street approaches often experience FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. -Peter M. Doremus, Esq. FILE: 88052 May 3, 1988 Page Four lower than desirable levels of service due to their having to yield to the major street traffic. For such intersections the Highway Capacity Manual uses L.O.S. E/F as the threshold of unacceptable traffic congestion conditions. Based on the results of the intersection capacity analyses, it is evident that the additional traffic accessing at this proposed intersection will not create significant adverse impacts on existing or future levels of traffic congestion within the study area. TRAFFIC SAFETY The safety of vehicular traffic traveling to and from this Project is largely dependent on existing geometric and physical conditions of nearby roadways and intersections, projected traffic volumes, and on the presence of adequate traffic control devices. Available sight distances were visually inspected at the Spear Street/Quarry Hill Road intersection. Based on prevailing speeds of 40 mph, the recommended minimum intersection sight distance equals 590 feet. This provides a minimum 10 second visibility time of oncoming traffic. Actual available sight distances exceed that value in both directions. Based on the above, the traffic safety impacts of this Project should be minimal. GEOMETRIC IMPROVEMENTS Geo etric i ements may be warranted by either additional turning movements or existing substan ar con 1 ions. Where significant volumes of additional turning movements are generated, exclusive turn lanes may be warranted to reduce potential traffic congestion and safety impacts. Such turn lanes serve to prevent disruptions in traffic flow caused by turning vehicles. Analyses of the projected 1988 and 1993 design hour volumes indicate that future peak hour turning movement patterns at the Spear Street/ Quarry Hill Road intersection will not require additional turn lanes. Potentially substandard geometric conditions also need to be addressed. In this case, the width of Quarry Hill Road beyond the first entance to Horizon Heights i-sof concern. It is our understanding that this Project includes the rebuilding of that portion of Quarry Hill Road to current City road construction standards. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Peter M. Doremus. Esq. FILE: B8052 May 3, 19BB Page Five CONCLUSION This report has evaluated potential traffic impacts of a proposed 10,000 square feet day-care/office building accessing onto Quarry Hill Road in South Burlington. No undue adverse traffic impacts were found to result from this proposed Project. In addition, existing geometrics at the Spear Street/Quarry Hill Road intersection are adequate to accomodate the projected additional traffic which this Project will generate. We wish to thank you for this opportunity to be of service. Should you have any questions, or if we may be of additional assistance, please feel free to contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED 7y'- Dickinson, P.E. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services APPENDIX A SPEAR STREET — STATION D85 AUTOMATIC TRAFFIC RECORDER COUNT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services TRAFFIC COUNT RECORD VERMONT AGENCY OF TRANSPORTATION PROJECT PLANNING DIVISION TRAFFIC RESEARCH SECTION H „ C p U _, QJ o - TOWN :- 1 2 3 4 5 6 7 8 j -0 ci b Q� s.. s -p o . � V) ROUTE: fi U 2 Z Z COUNTER UMBER :.2j STATION B F : ,0o".5 ay 3 7 i air .V x ;z a �. Hour ;3E3- 1 • 6. 41.. ?0.4 3q. f 12-1 -90-X3 1.1- q- 22 16-+ 2-3 0- . f 7.+ -4 4,-5 1.44. 70. -.1 123-+ , f 6-7 -- -- 359• - - /' r 5 -.1 3791.+ . f 7-8 300. 294-1. 1?4• 339.+ 8-9 1J6. _.1 . 194-+ 225- 9- 219. .22 239 - 1. 7? - .1 186 . •f- -,� 1 0-11 -- ?60 . - - ? E13 . ,, � '- _ _ f= 10 - 278. _ _ ? L1� 12 _ _-144--1 1, _ _ � 2..�+ - WO 2 ;:+ 241- 2�6- ?11 ?67- 19 l�n_.I ?(-.+ -3_ 335- ' 349. 9 33E1• ' 201. ' ?? - ''90,q 3-4 '1-JJ• - 450• rr��;. 431. 191. 194.A 4 72.+ -' -,Ps 4-5 461. 420. 4 057- 206. 2-.1 432-1 �.'/D 5-6' �4f3- 233. 231.. 22) 3 - 11)B - 1 147. 7-8 15 - 173 - 1.33. ' 203 . 134 - i 8-9 94- 122-" 90- 152• 71- 61.1 10-11. 11-12 11.9.>E 4-634- f 4 483- - 4 61.3. ? 760. 2 < <.. 3 1. 584-4 ota DATA SUMMARY Day' of Week Daily Volumes Week !1 Total Ave. Da. 1 2 3 4 5- Sunday 4 .Monday Tuesday Wednesday 4- A- ThursdayA_ - Friday Saturday Total of Average Days Without Weekend With Weekend Adjusted - Average Day Without Weekend - With Wie-eFc-nU Route Classificat•io�ii•� W Wken14/0 dnd Fa , r_ Fa 8,5' AADT Remarks : -L- , ZOU f- zc0 ,zoo 3933 Revised November 1981 APPENDIX B SPEAR STREET/QUARRY HILL ROAD TURNING MOVEMENT COUNT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services TURNING MOVEMENT COUNT SPEAR STREET 1. QUARRY HILL ROAD APRIL 29, 19BB SOUTH APPROACH NORTH APPROACH EAST APPROACH TOTAL INTERVAL SPEAR ST. SPEAR ST. QUARRY HILL RD. APPROACH BEGINNING RT TH LT TH LT RT VOLUME 0600 0 9 0 4 0 1 14 0615 0 16 1 2 0 2 21 0630 0 48 0 18 2 0 68 0645 1 46 0 19 1 4 71. SUBTOTAL 1 119 1 43 3 7 174 0700 0 5B 0 28 0 5 91 0715 1 87 1 29 0 10 128 0730 0 119 1 37 1 7 165 0745 1 120 2 31 1 7 162 SUBTOTAL 2 384 4 125 2 29 546 1500 0 42 5 50 0 5 102 1515 0 37 3 58 0 B 106 1530 2 37 B 69 2 3 121 1545 1 50 6 59 1 10 127 SUBTOTAL 3 166 22 236 3 26 456 1600 2 52 10 64 2 9 139 1615 3 36 6 68 0 2 115 1630 3 57 8 83 2 7 160 1645 3 60 5 113 3 2 186 SUBTOTAL 11 205 29 328 7 20 600 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services APPENDIX C PROJECTED DESIGN HOUR VOLUMES WITHOUT PROJECT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services FITZPATRICK-LLEWELLYN INCUn4ORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN:• 1�uv����ciaN LOCATION: �60S�q nJ NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. R 9 L� REMARKS: I-16F; /l . Y11,vdcc,— FITZPATRICK-LLEWELLYN INCG«lItORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN: I'RUPLINr',)1)n1 LOCATION: `fk0f),a /\.i NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. REMARKS: /C/66 ?1n CIO %� OJC:C, FITZPATRICK-LLEWELLYN INCOn)ORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 F ", ST , I TOWN: S• Iiii:li���nlC�i(J�J LOCATION: k NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. � T � R .Ci L� 1 REMARKS: Q l: UJCc FITZPATRICK-LLEWELLYN INC(,..)ORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 nnn1Q v- 0� TOWN: S. �l.4PUNoiUfl LOCATION:57 N NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. REMARKS: / �� J P X7 0/) TP,'O J C CT APPENDIX D PROJECTED DESIGN HOUR VOLUMES WITH PROJECT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services FITZPATRICK-LLEWELL.i) INCORPORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN: A(AIQLING LOCATION: U ' a m MU) AND Cn R J, w NOTE: LABEL APPROPRIA' DIRECTIONS ON AN ABOVE. y /N• c REMARKS: 9F38 P il'1 rn L ' VnMT (\ �•- n FITZPATRICK-LLEWELLI ..INCORPORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN: S-, UYQUNGj( LOCATION: ss5<01M)II L N NOTE: LABEL APPROPRIA' DIRECTIONS ON AR ABOVE. /771 FITZPATRICK-LLEWELL A INCORPORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 TOWN: S. �LI1� L11IG LOCATION: o � c REMARKS: �^ a l '. - j u s n! NOTE: LABEL APPROPRIA DIRECTIONS ON Al ABOVE. alb ✓ v.�/ -2-Ii1UJCc 00 ` 4 �13 0 V t ffff{ f t i Av T a XCU4 1 k 11 a PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 October 2, 1990 Ralph DesLauriers, Jr. 360 Spear Street South Burlington, Vermont 05403 Re: Proposed Subdivision - Quarry Hill Road Dear Mr. DesLauriers: ZONING ADMINISTRATOR 658-7958 This is in regards to your proposed subdivision and construction of an office building on your property located on Quarry Hill Road. The review process for this development will consist of obtaining Final Plat approval for a major subdivision and approv- al of the office building site plan under site plan review. The major subdivision review should consist of three (3) steps. These steps are: Sketch Plan review, Preliminary Plat approval and Final Plat approval. Any extension of Quarry Hill Road would require conformance with the Street Design Standards provided under Section 401.1(9) of the City of South Burlington Subdivi- sion Regulations. Since your property is in both the R7 and C1 zone, you should be aware that cul-de-sac streets are not allowed in the commercial zones as referenced in Section 401.1(7) of the Subdivision Regulations. Please note that when the Planning commission granted preliminary plat approval for a two (2) lot subdivision in 1976 for the Hori- zon Heights project they stipulated that "further development of the 28 acres zoned commercial shall not have access through the residential neighborhood. Unless further access is found, the Planning Commission expects those 28 acres to be developed as a residential area" (see enclosed minutes). This stipulation was not included in the Final Plat approval dated 3/22/77. Please note that this approval stipulated that, "Quarry Hill so-called, shall be fully upgraded to City design and construction standards in the event of: a) additional subdivision, or, b) substantial further development." This road would have to be dedicated to the City as a public street as required under Section 19.103(b) of the Zoning Regulations. Mr. Ralph DesLauriers October 2, 1990 Page 2 The office building would be reviewed under Section 19.10, Site Plan Review of the City of South Burlington Regulations. In re- viewing the site plan, the Planning Commission may impose appro- priate conditions and safeguards with respect to the adequacy of pedestrian and vehicular access, circulation, parking, landscap- ing and screening. Should you have any questions, please feel free to contact me. icrel eith, City Planner Encl JWlmcp